HomeMy WebLinkAboutR-16-0358City of Miami
Legislation
Resolution: R-16-0358
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00910 Final Action Date: 7/29/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF AN
UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A
FOR -PROFIT FLORIDA CORPORATION, FOR A NON-EXCLUSIVE PERPETUAL
UNDERGROUND EASEMENT OF AN APPROXIMATELY TEN (10) FEET IN WIDTH
BY SEVEN HUNDRED NINE (709) FEET IN LENGTH OF CITY OF MIAMI ("CITY")
OWNED PROPERTY LOCATED AT 3377 CHARTHOUSE DRIVE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE
OF UNDERGROUND NATURAL GAS UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE SIZE OF, AND
REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND
EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS
THEREFROM; AND FURTHER PROVIDING A REVERTER PROVISION SHOULD
THE UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED.
WHEREAS, Peoples Gas System, a Division of Tampa Electric Company, a for -profit Florida
corporation, has requested the grant of an underground easement of approximately ten (10) feet in
width by seven hundred nine (709) feet in length of City of Miami ("City") owned property located at
3377 Charthouse Drive, Miami, Florida; and
WHEREAS, this underground easement will be used to construct, operate, and maintain
natural gas utility facilities to be installed from time to time to exclusively service said City -owned
property, with the right to reconstruct, improve, add to, enlarge, change the size of, and remove all or
any of the facilities within said underground easement, with full right of ingress thereto and egress
therefrom; and
WHEREAS, the underground easement shall further contain a reverter provision stating that if
the underground easement is abandoned or discontinued, the underground easement shall cease
and revert back to the City; and
WHEREAS, the underground easement is necessary in order to bring natural gas utilities to
said City -owned property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized {1} to execute a grant of an underground
City of Miami
Page 1 of 2 File Id: 16-00910 (Version: 1) Printed On: 5/17/2018
File Number: 16-00910 Enactment Number: R-16-0358
easement, in substantially the attached form, with Peoples Gas System, a Division of Tampa Electric
Company, a for -profit Florida corporation, for a non-exclusive perpetual underground easement of
approximately ten (10) feet in width by seven hundred nine (709) feet in length of City -owned property
located at 3377 Charthouse Drive, Miami, Florida, as more particularly described in Exhibit "A",
attached and incorporated, for the construction, operation, and maintenance of underground natural
gas utility facilities, with the right to reconstruct, improve, add to, enlarge, change the size of, and
remove all or any of the facilities within said underground easement, with full right of ingress thereto
and egress therefrom, and further providing a reverter provision should the underground easement
be abandoned or discontinued.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 16-00910 (Version: 1) Printed On: 5/17/2018