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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #9353 Date: 07/09/2021 Commission Meeting Date: 07/22/2021 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Easement - FPL - 1061 Macarthur Causeway Purpose of Item: 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 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 Exhibit "A", attached and incorporated ("Easement Area"), for the purpose of construction, operation, and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) 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 ("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. A resolution for this Easement was adopted pursuant to Resolution R-21-0220 authorizing a 10 foot (10') wide underground Easement Area within the Property. FPL requested to expand the Easement purpose to allow for underground electric utility facilities, including appurtenant above ground equipment. The purpose of the Easement is for the construction, operation, and maintenance of 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, change the size of, and remove all or any of the facilities within said Easement Area located at the Property. 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"). 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: N/A Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Attorney Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B and Asset Management 07/13/2021 12:26 PM Budget Carolina Aguila Budget Leon P Michel Fernando Casamayor Valentin J Alvarez Arthur Noriega V Jacqueline Lorenzo Barnaby L. Min Nicole Ewan Victoria Mendez Mayor's Office City Clerk's Office City Clerk's Office Suzanne Hollander Department Head Budget Analyst Review Skipped 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 Approved Form and Correctness Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 07/13/2021 3:42 PM 07/13/2021 3:44 PM 07/13/2021 3:45 PM 07/13/2021 4:23 PM 07/13/2021 8:29 PM 07/13/2021 10:33 PM 07/13/2021 10:40 PM 07/22/2021 9:00 AM 07/22/2021 8:39 PM 08/02/2021 4:44 PM 08/02/2021 4:48 PM 08/02/2021 4:48 PM City of Miami Legislation Resolution Enactment Number: R-21-0313 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9353 Final Action Date:7/22/2021 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 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 NO. 01-3231-000-0010), MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, 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. WHEREAS, the City of Miami ("City") owns the property located at 1061 MacArthur Causeway (Folio No. 01-3231-000-0010), Miami, Florida ("Property"); and WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"), requests the grant of a perpetual, non-exclusive, ten foot (10') wide underground easement of approximately seven thousand four hundred eighteen (7,418) square feet located at the Property, as legally described in Exhibit "A", attached and incorporated ("Easement Area"); and WHEREAS, pursuant to Resolution No. R-21-0220 adopted on June 10, 2021, the City Commission authorized a ten foot (10') wide underground easement with FPL within the Easement Area; and WHEREAS, the City has not executed or delivered the easement authorized by Resolution No. R-21-0220 and FPL has requested to expand the scope of the easement to allow for the inclusion of appurtenant above ground equipment such as an above -grade vault, duct bank, manhole, and similar above ground equipment ("Easement"); and WHEREAS, the purpose of the Easement is for the construction, operation, and maintenance of 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, change the size of, and remove all or any of the facilities within said Easement Area located at the Property; 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 the required electrical service to the Property and adjacent City -owned properties; 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 authorized' to negotiate and execute the Easement, in a form acceptable to the City Attorney, in favor of FPL for the purpose of construction, operation, and maintenance of 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, change the size of, and remove all or any of the facilities within said Easement Area located at the Property 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: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, 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.