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