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City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00910 Enactment Number: R-16-0358
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF AN
UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY,
A FOR -PROFIT FLORIDA CORPORATION, FOR A NON-EXCLUSIVE
PERPETUAL UNDERGROUND EASEMENT OF AN APPROXIMATELY TEN (10)
FEET IN WIDTH BY SEVEN HUNDRED NINE (709) FEET IN LENGTH OF CITY
OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3377 CHARTHOUSE
DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF UNDERGROUND NATURAL GAS
UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD
TO, ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE
FACILITIES WITHIN SAID UNDERGROUND EASEMENT, WITH FULL RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM; AND FURTHER PROVIDING
A REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE
ABANDONED OR DISCONTINUED.
WHEREAS, Peoples Gas System, a Division of Tampa Electric Company, a for -profit Florida
corporation, has requested the grant of an underground easement of approximately ten (10) feet in
width by seven hundred nine (709) feet in length of City of Miami ("City") owned property located at
3377 Charthouse Drive, Miami, Florida; and
WHEREAS, this underground easement will be used to construct, operate, and maintain
natural gas utility facilities to be installed from time to time to exclusively service said City -owned
property, with the right to reconstruct, improve, add to, enlarge, change the size of, and remove all or
any of the facilities within said underground easement, with full right of ingress thereto and egress
therefrom; and
WHEREAS, the underground easement shall further contain a reverter provision stating that if
the underground easement is abandoned or discontinued, the underground easement shall cease and
revert back to the City; and
WHEREAS, the underground easement is necessary in order to bring natural gas utilities to
said City -owned 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. The City Manager is hereby authorized {1} to execute a grant of an underground
easement, in substantially the attached form, with Peoples Gas System, a Division of Tampa Electric
City of Miami Page 1 of 2 R-16-0358
File Number: 16-00910 Enactment Number: R-16-0358
Company, a for -profit Florida corporation, for a non-exclusive perpetual underground easement of
approximately ten (10) feet in width by seven hundred nine (709) feet in length of City -owned property
located at 3377 Charthouse Drive, Miami, Florida, as more particularly described in Exhibit "A",
attached and incorporated, for the construction, operation, and maintenance of underground natural
gas utility facilities, with the right to reconstruct, improve, add to, enlarge, change the size of, and
remove all or any of the facilities within said underground easement, with full right of ingress thereto
and egress therefrom, and further providing a reverter provision should the underground easement be
abandoned or discontinued.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
Date: JULY 29, 2016
Mover: COMMISSIONER SUAREZ
Seconder: COMMISSIONER CAROLLO
Vote: AYES: 4 - COMMISSIONER(S) GORT, CAROLLO, SUAREZ AND HARDEMON
ABSENT: 1 - COMMISSIONER(S) RUSSELL
Action: ADOPTED
Date:
Action:
AUGUST 8, 2016
SIGNED BY THE MAYOR
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-16-0358, with
attachments, passed by the City Commission on 7/2912016.
October 13, 2016
Cit Clerk, Deputy Clerk (for Todd B. Hannon, Date Certified
City Clerk)
{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 (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.
City of Miami
Page 2 of 2 R-I6-0358
1/41
ice:
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City of Miami
Master Report
Enactment Number: R-16-0358
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00910
Version: 1
File Name: Grant Easement to Peoples Gas- 3377 Charthouse Dr
Requester: Department of Real Estate and Cost:
Asset Management
File Type: Resolution
Reference: Controlling Body: Office of the City
Clerk
Introduced: 6/20/2016
Final Action: 7/29/2016
Status: Passed
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A GRANT OF AN UNDERGROUND EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PEOPLES GAS SYSTEM, A DIVISION OF
TAMPA ELECTRIC COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A
NON-EXCLUSIVE PERPETUAL UNDERGROUND EASEMENT OF AN APPROXIMATELY TEN
(10) FEET IN WIDTH BY SEVEN HUNDRED NINE (709) FEET IN LENGTH OF CITY OF MIAMI
("CITY") OWNED PROPERTY LOCATED AT 3377 CHARTHOUSE DRIVE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR
THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND NATURAL
GAS UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO,
ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN
SAID UNDERGROUND EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS
THEREFROM; AND FURTHER PROVIDING A REVERTER PROVISION SHOULD THE
UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED.
Sponsors:
Notes:
Indexes:
Attachments: 16-00910 Summary Form.pdf,16-00910 Memo - Notice to the Public.pdf,16-00910 Corporate
Detail.pdf,16-00910 Legislation.pdf,16-00910 Exhibit.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To:
Due Date: Return Date: Result:
Office of the City 7/18/2016
Attorney
City Commission 7/29/2016
Office of the Mayor 8/8/2016
Office of the City Clerk 8/8/2016
Reviewed and
Approved
ADOPTED
Signed by the Mayor
Signed and Attested
by City Clerk
Office of the City
Clerk
Pass
City of Miami Page 1 Printed on 10/13/2016
CLERIC OF CIRCUIT COURT RETURN TO PREPARER:
Prepared by:
Real Estate Department
Peoples Gas System
702 N. Franklin Street
Tampa, FL 33602
pace Reserved for Clerk
GRANT OF NON-EXCLUSIVE UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS that
, (the "Grantor") whose address
is , in consideration of the sum of ONE DOLLAR. ($1.00) and other
valuable consideration, receipt of which is hereby acknowledged, does hereby grant to PEOPLES GAS SYSTEM, A DIVISION OF
TAMPA ELECTRIC COMPANY, a Florida corporation (the "Grantee") whose principal address is P. O. Box 2562, Tampa,
Florida 33601, and to its successors and assigns, a non-exclusive perpetual easement "Easement") for the installation, maintenance
and repair of natural gas facilities (the "Facilities"), over, under and upon a parcel of land owned by the Grantor and described on
Exhibit "A" attached hereto and by reference made apart hereof.
The location of the Easement (the "Easement Area") is defined on the drawing attached hereto as Exhibit "B".
1. Use; Grantee's use of the Easement shall at all times be in. compliance with all Federal, State and local laws,
regulations, ordinances and statutes.
2. Repair by Grantee. Grantee shall promptly repair any damage to the Easement, or any other property not owned by
Grantee, caused by Grantee exercising its rights under this agreement including without limitation, landscaping, ground cover,
planting, roadways, driveways, sidewalks, parking areas and structures. In the event that Grantee, its employees, agents or contractors
cause damage to the Easement in the exercise of the privilege granted herein, Grantee agrees to restore the Easement parcel so
damaged to its original condition and grade. Notwithstanding the foregoing, Grantor reserves the right to install minor landscaping,
irrigation and/or fencing within the utility easement parcel provided that it does or will not directly interfere with the Grantee's
Facilities; Grantor further acknowledges that under the "Underground Facility Damage Prevention and Safety Act" (F.S..8556), that
Grantor is obligated to notify "Sunshine State One -Call of Florida, Inc." of its intent to engage in excavation or demolition prior to
commencing any work and that this notification system shall provide member operations an opportunity to identify and locate if
applicable, their underground Facilities prior to said excavation or demolition. In the event Grantor fails to notify as set forth
above, Grantor may be held responsible for costs and expenses incurred due to damage of Grantee's Facilities,
3, Relocation: The Grantee agrees upon the request of Grantor to relocate its Facilities, over, under and upon subject
parcel at the expense of Grantor with the vacated portion of this easement being released and conveyed back to Grantor and the site of
the relocated Facilities being conveyed and included in this easement grant as though it had been included abinitio.
4. Entire Agreement: This Grant of Easement constitutes the entire agreement and understanding between the parties
with respect to the subject matter hereof This Grant of .Easement may not be changed, altered or modified except by an instrument in
writing signed by the party against whom enforcement of such change would be sought. This Grant of Easement shall be binding
upon the parties hereto and their respective successors and assigns.
C:\Users1VJAlvarez\AppData\Local\Mierosoftlwindows\Temporary Internet Files \Content.OutiooklEn 1Z0NUZ\Specific Easement Fonn TECO_062216,doc
IN WITNESS WHEREOF, the Grantor has executed this Grant of Non -Exclusive Easement this day of
, 20
Signed, Sealed and Delivered
in the presence of GRANTOR:
WITNESS:
Print Name;
WI ITTESS:
Print Name:
STATE OF
COUNTY OF
By:
Print or Type Name
The forgoing instrument was acknowledged before me this day of 20 by
. He/She personally appeared before me, is personally known to me or has
produced as identification and who did (did not) take an oath.
(SEAL)
Notary Public
Print Name
Conir,.xission Expires:
Signed Seal and Delivered GRANTEE:
in the presence of:
WITNESS:
Print Name:
WITNESS:
Print Name:
STATE OF FLORIDA
COUNTY OF HILSBOROUGH
PEOPLES GAS SYSTEM, A DIVISION OF
TAMPA ELECTRIC COMPANY,
a Florida corporation
By:
Kickliter, Director of Real Estate
(CORPORA IE SEAL)
The forgoing instrument was acknowledged before me this ' day of 20 by
Kickliter, Director of Real Estate, on behalf of the corporation, He personally appeared before me, is personally known to me.
(SEAL)
Notary Public
Print Name
Commission Expires;
C:1UsersW)AtvarezlAppDatalLocallMicrosoft\Wiedows\Temporary Internet Files \Content,Ontlook1El31 ZONUZ\Speeifio Easement Fonn_TECO_062216,doc
EXHIBIT "A"
Legal Description:
(Add Legal description for Easement)
C;\Uset^s\VJAlvarez\AppDatalLoea]\Microsoft\Windows\Temporary Internet Files\Content.Outlook\E B1 ZGNUaSpeciiie Easement Form_TEC0_062216.doc
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TECO GAS UTILITY EASEMENT
SURVEYOR'S REPORT
BEAR NGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST
ZONE, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 1990 (NAD 83/90) ALONG THE SOUTHERLY
EXTENSION OF THE WEST LINE OF THE NW OF SECTION 22-54 41, WHICH BEARS S02°24'44' E
THIS IS NOTASURVEY
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE SHEETS 3, 4, 5 8,6 OF 6.
FOR LEGAL DESCRIPTION SEE SHEET 2 OF 6,
INFORMATION SHOWN FROM P.O,C. TO P.O.B. TAKEN FROM SPECIFIC PURPOSE SURVEY PREPARED BY
FERNANDO GATELL, DATED 3/22/2000. FURNISHED BY THE CITY OF MIAMI.
OUTSIDE FACE OF SEAWALL DENOTES SEAWARD FACE OF SEAWALL.
PARCELS 1-8 ARE LEASE PARCELS AND ARE SHOWN HEREON FOR INFORMATION PURPOSE ONLY.
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION WAS PREPARED
UNDER MY DIRECT SUPERVISION AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND l FURTHER CERTIFY THAT SAID SKETCH IS IN COMPLIANCE WITH THE
STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS
IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES,
MANUEL G. VERA JR.
PROFESSIONAL SURVEYOR AND MAPPER No. 5291
STATE OF FLORIDA
NOTICE: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED
SURVEYOR AND MAPPER.
EACH SHEET AS INCORPORATED THEREIN SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS
ATTACHED TO THE OTHERS.
NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU
FOR SKETCH SEE SHEETS 3-6
LICENSED BUSINESS No.2439
PROJECT NUMBER:1f.600
MANUEL G.VERA AND ASSOCIATES, INC.
ENGINEERS -SURVEYORS & MAPPERS
13960 S.W. 47th ST. MIAMI, FLORIDA 33175
PHONE'. (305) 221-6210 e-mail: snuinc@mgvera,com
TYPE OF PROJECT: SKETCH & LEGAL DESCRIPTION
PROJECT NAME: THE HAR80UR
DATE; OS-1S-201&
DRANiN BY: S.N.
SCALE
AS SHOWN
SHEET
1OFES
LEGAL DESCRIPTION:
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TECO GAS UTILITY EASEMENT
NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU 6
FOR SKETCH SEE SHEET 1
LICENSED BUSINESS No_2439
PROJECT NUM3ER,16-600
MANUEL GMEtA AND ASSOCIATES, INC.
ENGINEERS -SURVEYORS & MAPPERS
13960 S.W. 471h ST. MIAMI, FLQRIDA 33175
PHONE: (305) 221-6210 e-mail: snuin@mgvara.com
TYPE OF PROJECT: SKETC1-E&LEGAL DESCRLPTION
PROJECT MAME: THE P.P.RBOUR
DATE: 66-15-2616
DRAWN SY: S.N,
SCALE
AS SHOWN
SHEET
20F6
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TECO GAS UTILITY EASEMENT
P.O.C.
SW COR OF NW `IA,
OF SEC. 22--54-41.
N86'27'43"E
75.86'
-11
FtL-78—C �770=�7�
(PB 74 PG 3) s6948,
LEGEND
PG. -DENOTES PAGE
P.D. -DENOTES PLAT BOOK
P.O.C.-DENOTES POiNTOF COMMENCEMENT
P_O.B_ D£=NOTES POINT OF BEGINNING
RAN -DENOTESRIGHT-OF-WAY
N -DENOTES NORTH
S-DENOTES SOUTH
V-DEMOTES WEST
E-DENOTES EAST
R-DENOTES RADIUS
&-DENOTES DELTA
L-DENOTES ARC LENGTH
HL-78—B
(PB 74 PG 3)
OTC HLINE 9.-A`55EP .4OP6
0'
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FiL-78--A
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F
pp.� ul�3Q
O 5 p 74:01t5 SgflK
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HL-78
(PB 74 PG 3)
FOR LEGAL DESCRIPTION SEE SHEET 2
LICENSED BUSINESS Na.2439
NOTICE NOT FULL AND COMPLETE WITHOUT SHEETS 1 TERU 6
PROJECT NUMBER: 1E-600
MANUEL G.VERA AND ASSOCIATES, INC. •
ENGINEERS -SURVEYORS & MAPPERS
13930 S.W. 47th ST. MIAMI, FLORiOA 33175
PHONE: (305) 221-6210 e-mail: sn11in u@mgve-a,cona
TYPE OF PROJECT: SKETCH & LEGAL DESCRIPTION
PROJECT NAMETHE HARBOUR
DATE: 06-15.2016
DRAWN BY: S.N.
SCALE
AS SI OIA
SHEET
3 OF 6
LEGEND
END
PG. -DENOTES PAGE
P.S- -DENOTES PLAT COOK
PO.G.-DENOTES POINT OF COMMENCEMENT
P.O-DENOTES POINT OF BEG1NNiNG
R W -DEMOTES RIGHT-OF-WAY
N -DENOTES NORTH
S-DENOTES SOUTH
W-DENOTES WEST
E-DENOTES EAST
R DENOTES RADIUS
A -DENOTES DELTA
L-DENOTES ARC LENGTH
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TECO GAS UTILITY EASEMENT
PARCEL 1
o
2 4-
N8645'OO"E
0.64'
MATCH Liz ' 6'5ffP6.5Of6
PARCEL s,_
0
xj
l�
c
06
PARCEL 6A
f PARCEL 6 FOR LEGAL DESCRIPTION SEE SHEET 2
/ LICENSED BUSINESS No
MATaiuNf i-A'SfePa 3 Of
NOTICE_ NOT FULL AND COMPLETE VYITHOUTSHEETS 1 THRU
PROJECT NUMBER: -16-600.
MANIJEL G.VERA AND ASSOCIATES, INC.
ENG1NEERS—SURVEYORS & MAPPERS
13960 S.W. 47th ST. MIAMI, FLORIDA33175
PHONE: (305) 221-5210 e-mail: snuin c[r?mgvera-com
TYPE OF PROJECT; SKETCH & LEGAL DESCRZPTlON
PROJ ECT NAME_ THE HARBOUR
DATE S6-15-2016
DRAWN -BY: S.N.
SCALE
AS SHOWN
SHEET
40F6
DIiLi
LEcNND:
Pa -DENOTES PAG E
P.8. -DENOTES PLAT BOOK
P.O.C.-DENOTES POINT OF COMMENCEMENT
P.O.B.-DENOTES POINT OF BEGINNING
R!W-DENOTES RIGHT-OF-WAY
N-OENOTES NORTH
S-DENOTES SOUTH
W-DENOTES WEST
E-DENOTES EAST
R-DENOTES RADIUS
-DENOTES DELTA
L-DENOTES ARC LENGTH
r
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TECO GAS UTILITY EASEMENT
As
SemENT
76.5�
PARCEL T.
N43°17'10"E
5.77'
63.317
R=31,50'
D=33'37'O9"
L=18.48'
P.O.R.
47156
cT0- 4
a c? �*�
c9
;°.g' 5F2 P6' 4 {3f 6
FOR LEGAL DESCRIPTION SEE SHEET 2
LICENSED BUSINESS No.2439
S74'27' 1 B'
z3.zs'
PARCEL, 3
NOTICE; NOT FLU. AND COMPLETE WITHOUT SHEETS t THRU 6
0
PROJECT
NU
EER: i8-600
MANUEL GVERA AND ASSOCIATES, INC
ENGINEERS -SURVEYORS & MAPPERS
13960S_IN. 47th ST. MAW FLORIDA33175
PHONE: (305) 221-6210 a-ma€i_ snuin@mgvera.com
TYPE OF PROJECT' SKETCH & LEGAL DESCRIPTION
PROJECT NAME: THE HARBOUR
DATE: 06-i5-2016
DRAWS BY: 6.N.
SCALE
AS SHOWN
SHEET
5 OF 6
LEGEND
PG. -DENOTES PAGE
P.R. -DENOTES AT BOOK
P.O.C.-DENOTES PONT OF COMMENCEMENT
P.O.E.-DENOTES POINT OF BEGINNING
P.O.T.-DENOTES POINT OF TERMINATION
R1W -DENOTES RIGHT-OF-WAY
N -DENOTES NORTH
S-DENOTES SOUTH
W-DENOTES WESi-
E-DENOTES EAST
R-DENOTES RADIUS
L-OENOTESDELTA
L DENOTES ARC LENGTH
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TECO GAS UTILITY EASEMENT
P.O.T.
N7, .14.
@.74. °iY
PARCEL 5 1
i/'
//!/
1/11.cPS'Opazo
c, 0.
�8'So
• FOR LEGAL DESCRIF11ON SEE SHEET 2
LICENSED BUSINESS-
NOTICE NOTE LILL AND COMPLETE WITHOUT SHEETS t THRU B
PROJECT NUMBER: 16-600
MANUEL G.VEfA AND ASSOCIATES, INC.
ENGINEERS -SURVEYORS & MAPPERS
13960 S.W. 47th ST. MIAMI, FLORIDA 331175
PHONE: (305) 221-6210 e-mail: smiinmgvera.com
TYPE OF PROJECT: SKETCH & LEGAL DESCRIPTION
PROJECT NAME: THE HARBOUR
DATE: 46-15-20t6
DRAWN BY: S.N.
SCALE
AS SHOWN
SHEET
6OFs