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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #9354 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 - 3385 Pan American Drive 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, five (5) foot wide easement of approximately five hundred seventy-four (574) square feet of City -owned property located at 3385 Pan American Drive (Folio No. 01-4122-002-0040) and 2640 South Bayshore Drive (Folio No. 01- 4122-002-0011) Miami, Florida, (collectively, "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 3385 Pan American Drive (Folio No. 01-4122-002-0040) and 2640 South Bayshore Drive (Folio No. 01-4122-002-0011), Miami, Florida, (collectively, "Property"). Florida Power & Light Company, a for profit Florida corporation ("FPL"), has requested the grant of a perpetual, non-exclusive, five (5) foot wide easement ("Easement") of approximately five hundred seventy-four (574) square feet located at the Property, as more particularly described in Exhibit "A", attached and incorporated ("Easement Area"). 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 Reviewed B Department of Real Estate and Asset Management Suzanne Hollander Department Head Review Completed 07/13/2021 12:27 PM Office of Management and Budget Carolina Aguila Budget Analyst Review Skipped 07/13/2021 3:43 PM Office of Management and Budget Leon P Michel Budget Review Completed 07/13/2021 3:47 PM City Manager's Office Fernando Casamayor Assistant City Manager Review Completed 07/13/2021 4:01 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 07/13/2021 4:23 PM City Manager's Office Arthur Noriega V City Manager Review Completed 07/13/2021 8:30 PM Office of the City Attorney Jacqueline Lorenzo ACA Review Completed 07/13/2021 10:43 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 07/13/2021 10:46 PM City Commission Nicole Ewan Meeting Completed 07/22/2021 9:00 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/22/2021 8:40 PM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 08/02/2021 4:44 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 08/02/2021 4:49 PM Office of the City Clerk City Clerk's Office Rendered Completed 08/02/2021 4:49 PM City of Miami Legislation Resolution Enactment Number: R-21-0314 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9354 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, FIVE FOOT (5') WIDE EASEMENT OF APPROXIMATELY FIVE HUNDRED SEVENTY-FOUR (574) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3385 PAN AMERICAN DRIVE (FOLIO NO. 01- 4122-002-0040) AND 2640 SOUTH BAYSHORE DRIVE (FOLIO NO. 01-4122-002- 0011) MIAMI, FLORIDA (COLLECTIVELY, "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. WHEREAS, the City of Miami ("City") owns the properties located at 3385 Pan American Drive (Folio No. 01-4122-002-0040) and 2640 South Bayshore Drive (Folio No. 01-4122-002- 0011), Miami, Florida (collectively, "Property"); and WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"), has requested the grant of a perpetual, non-exclusive, five foot (5') wide easement ("Easement") of approximately five hundred seventy-four (574) square feet located at the Property, as more particularly described in Exhibit "A", attached and incorporated ("Easement Area"); 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 electrical service to additional areas within the Property; 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, 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: ndez, ity Attor ey 7/2212021 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.