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HomeMy WebLinkAboutR-21-0315City of Miami Resolution R-21-0315 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9355 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, WITH PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA PROFIT CORPORATION ("TECO"), FOR A PERPETUAL, NON-EXCLUSIVE TEN FOOT (10') WIDE EASEMENT OF APPROXIMATELY SEVENTEEN THOUSAND FOUR HUNDRED SIXTY-SEVEN (17,467) 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 TECO TO PLACE, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND REPLACE UNDERGROUND GAS LINES AND ABOVEGROUND AND UNDERGROUND NECESSARY APPURTENANCES THERETO, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. 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, pursuant to Resolution No. R-16-0358 adopted on July 29, 2016, the City of Miami ("City") granted Peoples Gas System, a Division of Tampa Electric Company, a Florida profit corporation ("TECO"), a ten foot (10') wide easement of approximately nine thousand six hundred twenty-seven (9,267) square feet of City -owned property formerly identified as 3377 Charthouse Drive, Miami, Florida ("Prior Easement"); and WHEREAS, TECO has requested that the City grant TECO a perpetual, non-exclusive ten (10) foot wide easement within the Property ("Easement") consisting of approximately seventeen thousand four hundred sixty-seven (17,467) square feet ("Easement Area"); and WHEREAS, TECO will release the Prior Easement, in a form acceptable to the City Attorney, before the City's execution and recordation of the Easement; and City of Miami Page 1 of 3 File ID: 9355 (Revision:) Printed On: 5/29/2025 File ID: 9355 Enactment Number: R-21-0315 WHEREAS, the Easement will 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 purpose of the Easement is to place, construct, operate, maintain, repair, and replace underground gas lines and aboveground and underground necessary appurtenances thereto within said Easement Area located at the Property with the full right of ingress thereto and egress therefrom; and WHEREAS, prior to the execution and recordation of the Easement, TECO will execute and deliver to the City a letter, in a form acceptable to the City Attorney, providing for the indemnification and hold harmless of the City in the event of TECO's negligence or willful misconduct as well as a provision providing that the Easement shall cease and revert to the City if the Easement Area is abandoned or discontinued ("Side Letter"); and WHEREAS, the Easement is necessary in order to bring natural gas service to 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 adopted by reference and incorporated as 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, for the purpose of placing, constructing, operating, maintaining, repairing, and replacing underground gas lines and aboveground and underground necessary appurtenances thereto, with the full right of ingress thereto and egress therefrom, subject to the release and recordation of the Prior Easement and TECO's execution and delivery of the Side Letter. Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including amendments and modifications to said Easement, all in forms acceptable to the City Attorney, as may be necessary to effectuate said Easement. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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 3 File ID: 9355 (Revision:) Printed on: 5/29/2025 File ID: 9355 Enactment Number: R-21-0315 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 9355 (Revision:) Printed on: 5/29/2025