HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #6301
Date: 08/01/2019
Commission Meeting Date: 09/12/2019
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Execute Easement - Florida Power and Light
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a grant of easement ("Easement"), in substantially the attached
form, to Florida Power and Light company, a for -profit Florida Corporation, for a
perpetual, non-exclusive easement of approximately ten (10) foot wide of city -owned
property located at 3500 Pan American Drive, Miami, Florida, as more particularly
described in Exhibit "A" of the Easement, for the construction, operation and
maintenance of electric utility facilities, in accordance with the terms and conditions of
the Easement.
Background of Item:
The City of Miami ("City") owns the property located at 3500 Pan American Drive,
Miami, Florida. Florida Power & Light Company has requested a perpetual, non-
exclusive easement of approximately ten (10) foot wide. 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, in
accordance with the terms and conditions of the Easement. The Easement is
necessary in order to bring electrical service to the City -owned property.
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
Reviewed B
Real Estate and Asset Management Yvonne Hernandez Department Head Review Completed 08/01/2019 4:12 PM
Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 08/07/2019 10:30 AM
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Department of Fire -Rescue
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
Christopher M Rose
Fernando Casamayor
Valentin J Alvarez
Ignacio Ortiz -Petit
Daniel Diaz
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Unsigned by the Mayor
Signed and Attested by the City
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Clerk Completed
Completed
08/22/2019 6:25 AM
08/22/2019 5:17 PM
08/27/2019 11:02 AM
08/29/2019 1:41 PM
08/29/2019 3:03 PM
08/29/2019 3:37 PM
08/30/2019 3:50 PM
09/12/2019 9:00 AM
09/20/2019 4:01 PM
09/20/2019 4:23 PM
09/20/2019 4:23 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0341
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6301 Final Action Date:9/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER &
LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-
EXCLUSIVE OVERHEAD AND UNDERGROUND EASEMENT ("EASEMENT") OF AN
APPROXIMATELY TEN FOOT (10') WIDE AREA TOTALING ONE THOUSAND NINE
HUNDRED EIGHTY ONE (1,981) SQUARE FEET OF CITY -OWNED PROPERTY
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT ("EASEMENT
AREA"), FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF
ELECTRIC UTILITY FACILITIES IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE EASEMENT, 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, the City of Miami ("City") owns the property located at 3500 Pan
American Drive, Miami, Florida ("Property"); and
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 an approximately ten foot (10') wide area of City -owned property located at
the Property, as more particularly described in Exhibit "A" of the Easement, attached and
incorporated ("Easement Area"); and
WHEREAS, the Easement will 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 further contain a reverter provision that should the
Easement be abandoned or discontinued, the Easement shall automatically cease and revert 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 authorized1 to execute the Easement, in substantially the
attached form, 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, ity Attor ey 8/30/2019
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 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.