HomeMy WebLinkAboutR-16-0542City of Miami
Resolution R-16-0542
Legislation
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
City of Miami Page 1 of 2 File ID: 1109 (Revision: A) Printed On: 3/18/2025
File ID: 1109 Enactment Number: R-16-0542
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:
vndez, ity Attor
ey 12/20/2016
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.
City of Miami Page 2 of 2 File ID: 1109 (Revision: A) Printed on: 3/18/2025