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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5652 Date: 03/19/2019 Commission Meeting Date: 04/25/2019 Type: Subject: Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 1 Resolution Grant Easement - Florida Power and Light Purpose of Item: Business easement for Florida Power & Light located at approximately a portion of the west one-half (1/2) of the east one-half (1/2) of the northeast one -quarter (1/4) of section thirty four (34), township fifty three (53) south range forty one (41) East in the City Miami, Florida Background of Item: Please see "Exhibit A" Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of Capital Improvements 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 Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Steven Williamson Yvette Smith Christopher M Rose Nzeribe Ihekwaba Nikolas Pascual Valentin J Alvarez Pablo Velez Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 03/19/2019 3:48 PM 03/26/2019 1:40 PM 03/27/2019 3:17 PM 03/27/2019 4:21 PM 03/27/2019 4:28 PM 03/28/2019 10:13 PM 04/01/2019 2:56 PM 04/02/2019 9:31 AM 04/15/2019 1:54 PM 04/25/2019 9:00 AM 05/03/2019 4:10 PM 05/03/2019 4:39 PM 05/03/2019 4:40 PM City of Miami Legislation Resolution Enactment Number: R-19-0158 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5652 Final Action Date:4/25/2019 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 AND IN CONFORMITY WITH THIS RESOLUTION, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE OVERHEAD AND UNDERGROUND EASEMENT ("EASEMENT") OF A PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 1901 NORTHWEST 24 AVENUE, MIAMI, FLORIDA, FOLIO NO. 01-3134-000-0330, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED. WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"), has requested the grant of a perpetual, non-exclusive overhead and underground easement ("Easement") of a portion of the property located at approximately 1901 Northwest 24 Avenue, Miami, Florida, Folio No. 01-3134-000-0330, and as more particularly described in Exhibit "A", attached and incorporated ("Easement Area"); and WHEREAS, the Easement shall be used for the construction, operation, and maintenance of overhead and underground electric utility facilities, with the right to reconstruct, improve, and remove all or any of the facilities within said Easement Area; and WHEREAS, the Easement shall allow FPL to attach wires to any facilities thereunder, to lay cables and conduits within the Easement Area, and to operate same for communication purposes; the right to ingress and egress the Easement Area at all times; to clear the land and keep it cleared of all tress, undergrowth, and other obstructions within the Easement Area; to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside of the Easement Area which might interfere with or fall upon the lines or systems of communication, power transmission, or distribution; and, grant, to the fullest extent permissible, if at all, the rights hereinabove granted over the Easement Area heretofore described, over, along, under, and across those roads, streets, or highways that adjoin to or run through said Easement Area; 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 formalize access to the existing communication and electrical service on 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized1 to execute the Easement, in substantially the attached form and in conformity with this Resolution, with FPL over the Easement Area for the construction, operation, and maintenance of overhead and underground electric utility facilities, with the right to reconstruct, improve, and remove all or any of the facilities within said Easement Area. Section 3. The Easement shall contain a reverter provision should the Easement be abandoned or discontinued. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 4/15/2019 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.