HomeMy WebLinkAboutR-16-0359City of Miami
Legislation
Resolution: R-16-0359
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00911 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
FLORIDA POWER & LIGHT COMPANY ("FPL"), A FOR -PROFIT FLORIDA
CORPORATION, FOR A NON-EXCLUSIVE PERPETUAL UNDERGROUND
EASEMENT OF APPROXIMATELY TEN (10) FEET IN WIDTH BY TWO HUNDRED
TWO (202) 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 ELECTRIC
UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO,
ENLARGE, CHANGE THE VOLTAGE OF, CHANGE THE SIZE OF, AND REMOVE
ANY OR ALL SUCH 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, Florida Power & Light Company ("FPL"), a for -profit Florida corporation, has
requested a grant of an underground easement of approximately ten (10) feet in width by two
hundred two (202) 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
electrical utility facilities, including, but not limited to, wires, guys, cables, conduits, and appurtenant
equipment, 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 voltage of, change the size of, and remove
any or all such facilities within said underground easement, with full right of ingress thereto and
egress therefrom; and
WHEREAS, the underground easement shall further provide 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 electrical service to said
City -owned property; and
WHEREAS, by granting this easement, the City shall not waive its acceptance of FPL's
stipulation during the Administrative Hearing held pursuant to the requirements of the Power Plant
Siting Act with regard to the licensing of Turkey Point Nuclear Reactors No. 6 and No. 7, found at
Volume 14, Pages 1938:14-1939:14 of the transcript, whereby FPL "will not build its proposed
David -Miami transmission line as specified for the Turkey Point 6 & 7 project or any portion of it under
any Power Plant Siting Act certification issued by the siting board following this certification hearing
City of Miami
Page 1 of 2 File Id: 16-00911 (Version: 1) Printed On: 5/17/2018
File Number: 16-00911 Enactment Number: R-16-0359
unless all other regulatory approvals for the Turkey Point 6 & 7 project are issued.";
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
easement, in substantially the attached form, with FPL, a for -profit Florida corporation, for a
non-exclusive perpetual underground easement of approximately ten (10) feet in width by two
hundred two (202) 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 FPL to construct,
operate, and maintain underground electric utility facilities, with the right to reconstruct, improve, add
to, enlarge, change the voltage of, change the size of, and remove any or all such 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: 16-00911 (Version: 1) Printed On: 5/17/2018