HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #1109
Date: 10/05/2016
Commission Meeting Date: 11/17/2016
Type: Resolution
Subject: Easement - FPL
Purpose of Item:
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a grant of easement, in substantially the attached form, to Florida
Power and Light Company, a for -profit Florida Corporation, for a perpetual, non-
exclusive ten (10) foot wide easement of approximately seven hundred sixty nine (769)
square feet of City -owned property located at 3805 Northeast 6th Avenue, Miami,
Florida (A/K/A Albert Pallot Park), as more particularly described in Exhibit "A", attached
and incorporated, for the construction, operation and maintenance of underground
electric utility facilities, with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of and remove all or any of the facilities within said
easement; further containing a reverter provision if the easement is abandoned or
discontinued.
Background of Item:
The City of Miami ("City") owns the property located at 3805 Northeast 6th Avenue,
Miami, Florida (A/K/A Albert Pallot Park).
Florida Power & Light Company, a Florida for -profit corporation ("FPL"), has requested
the grant of a perpetual, non-exclusive underground easement of a ten (10) foot wide
strip of City -owned property with a total area of approximately seven hundred sixty nine
(769) square feet ("Easement").
The Easement will be used to construct, operate, and maintain underground electric
utility facilities, including cables, conduits, appurtenant equipment and appurtenant
above ground equipment, to be installed from time to time, with the right to reconstruct,
improve, add to, enlarge, change the voltage as well as the size of, and remove such
facilities or any of them within said Easement, with full right of ingress thereto and
egress therefrom.
The City has a storm water sewer pipe that crosses the easement area and is to remain
unobstructed, with any and all FPL duct banks, conduits, or any other appurtenances
needing installation, having a minimum of twelve (12) inches of clearance from the
existing structure and to be installed under the existing structure.
The Easement shall further contain a reverter provision that if the Easement is
abandoned or discontinued, the Easement shall cease and revert back to the City.
The easement is necessary in order to bring electrical service to the City -owned
property.
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 unless all other regulatory approvals for
the Turkey Point 6 & 7 project are issued".
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
None
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attorney
Reviewed B
Everton Garvis
Christopher M Rose
Alberto N. Parjus
Daniel J. Alfonso
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Department Head Review
Budget Analyst Review
Budget Review
Assitant City Manager Review
City Manager Review
Legislative Division Review
Completed
Completed
Completed
Completed
Completed
Completed
Deputy City Attorney Review Completed
Approved as to Form and Correctness
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
Deputy Attorney Review Completed
Approved Form and Correctness with Modification(s)
10/11/2016 9:08 AM
10/13/2016 2:59 PM
10/14/2016 3:15 PM
10/17/2016 12:13 PM
10/17/2016 12:33 PM
10/18/2016 12:28 PM
10/24/2016 11:12 AM
Completed
11/17/2016 9:00 AM
11/23/2016 5:46 PM
11/23/2016 6:10 PM
12/15/2016 11:01 AM
12/15/2016 4:30 PM
Completed
City of Miami
Legislation
Resolution
Enactment Number: R-16-0542
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1109 Final Action Date:11/17/2016
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, TO
FLORIDA POWER & LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION,
FORA PERPETUAL, NON-EXCLUSIVE TEN (10) FOOT WIDE UNDERGROUND
EASEMENT OF APPROXIMATELY SEVEN HUNDRED SIXTY NINE (769) SQUARE
FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST
6TH AVENUE, MIAMI, FLORIDA (A/K/A ALBERT PALLOT PARK), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED,
FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, ADD TO, AS WELL AS REMOVE ALL OR ANY OF THE
FACILITIES WITHIN SAID UNDERGROUND EASEMENT; FURTHER CONTAINING A
REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE
ABANDONED OR DISCONTINUED.
WHEREAS, the City of Miami ("City") owns the property located at 3805 Northeast 6th
Avenue, Miami, Florida ("Albert Pallot Park"); and
WHEREAS, Florida Power & Light Company, a Florida for -profit corporation ("FPL"), has
requested the grant of a perpetual, non-exclusive underground easement of a ten (10) foot wide
strip of City -owned property with a total area of approximately seven hundred sixty nine (769)
square feet ("Easement"); and
WHEREAS, the Easement will be used to construct, operate, and maintain underground
electric utility facilities, including cables, conduits, appurtenant equipment and appurtenant
above ground equipment, to be installed from time to time, with the right to reconstruct, improve,
add to, as well as remove such facilities or any of them within said Easement, with full right of
ingress thereto and egress therefrom; and
WHEREAS, the City has a storm water sewer pipe that crosses the easement area and
is to remain unobstructed, with any and all FPL duct banks, conduits, or any other
appurtenances needing installation, having a minimum of twelve (12) inches of clearance from
the existing structure; and
WHEREAS, the Easement shall further contain a reverter provision that should the
Easement be abandoned or discontinued, the Easement shall automatically cease and revert
back to the City; and
WHEREAS, the Easement is necessary in order to bring electrical service to the 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 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 authorized1 to execute the Easement, in
substantially the attached form, with FPL, for a perpetual, non-exclusive underground easement
of a ten (10) foot wide strip of City -owned property with a total area of approximately seven
hundred sixty nine (769) square feet located at Albert Pallot Park, as more particularly described
in Exhibit "A," attached and incorporated, for the construction, operation and maintenance of
underground electric utility facilities, with the right to reconstruct, improve, add to, as well as
remove all or any of the facilities within said Easement, and further containing a reverter
provision if the Easement is abandoned or discontinued.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 11/5/2016
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 City 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.