HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #10584
Date: 08/31/2021
Commission Meeting Date: 10/14/2021
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Grant Easement - Florida Power and Light Company
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 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 easement of approximately five thousand
seven hundred nineteen (5,719) 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.
Background of Item:
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"). Florida Power & Light Company, a
Florida profit corporation ("FPL"), has requested the grant of a perpetual, non-exclusive
easement ("Easement") of approximately five thousand seven hundred nineteen (5,719)
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 additional areas within the Property.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Item has NOT an Expenditure
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
Office of the City Attorney
City Commission
City Commission
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Reviewed B
and Asset Management
09/01/2021 3:50 PM
Budget Pedro Lacret
Budget Leon P Michel
Fernando Casamayor
Valentin J Alvarez
Arthur Noriega V
Jacqueline Lorenzo
Valentin J Alvarez
Victoria Mendez
Todd B. Hannon
Todd B. Hannon
Maricarmen Lopez
Valentin J Alvarez
Jacqueline Lorenzo
Barnaby L. Min
Victoria Mendez
Mayor's Office
City Clerk's Office
City Clerk's Office
Yvonne Hernandez
Department Head
Budget Analyst Review Completed 09/01/2021 6:21 PM
Budget Review Completed 09/01/2021 8:52 PM
Assistant City Manager Review Completed 09/01/2021 8:54 PM
Legislative Division Review Completed 09/01/2021 8:55 PM
City Manager Review Completed 09/01/2021 9:50 PM
ACA Review Completed 09/01/2021 10:17 PM
Deputy City Attorney Review Skipped 09/01/2021 10:55 PM
Approved Form and Correctness Completed 09/01/2021 11:30 PM
Meeting Completed 09/13/2021 9:00 AM
Meeting Completed 09/23/2021 9:00 AM
Meeting Completed 10/14/2021 9:00 AM
Legislative Division Review Completed 10/14/2021 7:31 PM
ACA Review Completed 10/14/2021 7:54 PM
Deputy Attorney Review Completed 10/15/2021 9:39 AM
Approved Form and Correctness Completed 10/18/2021 9:31 AM
Signed by the Mayor Completed 10/25/2021 4:09 PM
Signed and Attested by the City Clerk Completed 10/25/2021 4:15 PM
Rendered Completed 10/25/2021 4:15 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0434
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10584 Final Action Date:10/14/2021
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, SUBJECT TO RELEASE OF THE 2017
EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 30542 AT PAGE 2780 IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TO THE FLORIDA
POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A
PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIVE
THOUSAND ONE HUNDRED FIVE (5,105) 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; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE THE MATTERS SET FORTH HEREIN.
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 easement ("Easement") of approximately five
thousand one hundred five (5,105) square feet located at the Property as described in Exhibit
"A", attached and incorporated ("Easement Area"); and
WHEREAS, a portion of the Property is subject to a leasehold interest in favor of Grove
Harbour Marina and Caribbean Marketplace, LLC ("Grove Harbour"); and
WHEREAS, a separate portion of the Property is subject to a leasehold interest in favor
of Grove Bay Investment Group, LLC ("Grove Bay"); and
WHEREAS, Grove Harbour and Grove Bay have consented to and agreed upon the
scope, size, and location of the Easement within the Easement Area; and
WHEREAS, Grove Harbour has requested the release of the existing 2017 easement
recorded in Official Records Book 30542 at Page 2780 in the public records of Miami -Dade
County, Florida ("2017 FPL 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 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
adopted by reference 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
authorized1 to negotiate and execute the Easement, in a form acceptable to the City Attorney
and subject to the release of the 2017 FPL Easement, 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. 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 the matters set forth
herein.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey
9/1/2021 ndez, ity Attor ey 10/18/2021