Loading...
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.