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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #9042 Date: 05/11/2021 Commission Meeting Date: 06/10/2021 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Easement - Florida Power and Light Company Purpose of Item: A Resolution of the Miami City Commission, authorizing the City Manager to execute a grant of easement ("Easement"), in a form acceptable to the City Attorney, to the Florida Power & Light Company, a Florida Profit Corporation, for a perpetual, non-exclusive, ten foot (10') wide underground easement of approximately seven thousand four hundred eighteen (7,418) square feet ("Easement Area") of City -owned property located at 1061 MacArthur Causeway (Folio: 01-3231-000-0010), Miami, Florida ("Property"), as more particularly described in the Easement, for the purpose of construction, operation, and maintenance of underground 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 located at the Property. Background of Item: The City of Miami ("City") owns the property located at 1061 MacArthur Causeway (Folio: 01-3231-000-0010), Miami, Florida ("Property"). Florida Power & Light Company, a Florida profit corporation ("FPL"), has requested the grant of a perpetual, non- exclusive, ten foot (10') wide underground easement of approximately seven thousand four hundred eighteen (7,418) square feet ("Easement Area"), located at the Property, as more particularly described in the Easement. The purpose of the Easement is for the construction, operation, and maintenance of underground electric utility facilities, with the right to reconstruct, improve, and remove all or any of the facilities within said Easement Area located at the Property. The Easement is necessary in order to bring electrical service to the Property. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: <Insert Account information Here> Reviewed B Department of Real Estate and Asset Management Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission 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 05/11/2021 8:50 AM Pedro Lacret Leon P Michel Fernando Casamayor Valentin J Alvarez Arthur Noriega V Jacqueline Lorenzo Barnaby L. Min Todd B. Hannon Valentin J Alvarez Jacqueline Lorenzo Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Anthony Barcena Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Legislative Division Review Completed City Manager Review Completed ACA Review Completed Deputy City Attorney Review Completed Meeting Completed Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 05/14/2021 9:47 AM 05/16/2021 5:07 PM 05/18/2021 10:32 AM 05/18/2021 12:51 PM 05/18/2021 1:17 PM 05/18/2021 5:17 PM 05/18/2021 5:37 PM 05/27/2021 9:00 AM 06/01/2021 1:09 PM 06/01/2021 1:22 PM 06/01/2021 6:18 PM 06/01/2021 8:06 PM 06/10/2021 9:00 AM 06/22/2021 5:25 PM 06/22/2021 5:27 PM 06/22/2021 5:27 PM City of Miami Legislation Resolution Enactment Number: R-21-0220 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9042 Final Action Date:6/10/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON EXCLUSIVE, TEN (10) FOOT WIDE UNDERGROUND EASEMENT OF APPROXIMATELY SEVEN THOUSAND FOUR HUNDRED EIGHTEEN (7,418) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 1061 MACARTHUR CAUSEWAY (FOLIO NO. 01-3231-000-0010) ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("UNDERGROUND EASEMENT AREA"), FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND 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 UNDERGROUND EASEMENT AREA ONLY. WHEREAS, the City of Miami ("City") owns the property located at 1061 MacArthur Causeway, Miami, Florida and identified as Folio No. 01-3231-000-0010 ("Property"); and WHEREAS, Florida Power & Light Company, a for profit Florida corporation ("FPL"), has requested the grant of a perpetual, non-exclusive, ten (10) foot wide underground easement ("Easement") of approximately seven thousand four hundred eighteen (7,418) square feet located at the Property, as more particularly described in Exhibit "A", attached and incorporated ("Underground Easement Area"); and WHEREAS, the purpose of the Easement is for the construction, operation, and maintenance of underground electric utility facilities (including cables, conduits, and appurtenant equipment) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage, change the size of, remove such facilities, or any of them solely within said Underground Easement Area located at the Property; and WHEREAS, the Easement shall not authorize the installation of above -ground equipment or facilities on the Underground Easement Area; and WHEREAS, the Easement shall be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, the Easement is necessary in order to bring electrical service to the Property and the adjacent City -owned property located at 1111 Parrot Jungle Trail, Miami, Florida and leased to ESJ JI Leasehold, LLC; 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. Pursuant to Section 29-B(c) of the City Charter, the City Manager is hereby authorized' to negotiate and execute the Easement, in a form acceptable to the City Attorney, to FPL for the purpose of construction, operation, and maintenance of underground electric utility facilities, with the right to reconstruct, improve, and remove all or any of the facilities within said Underground Easement Area located at the Property and in accordance with the terms and conditions of the Easement. 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 6/1/2021 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 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