HomeMy WebLinkAboutR-21-0434City of Miami
Resolution R-21-0434
Legislation
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
City of Miami Page 1 of 2 File ID: 10584 (Revision: B) Printed On: 6/3/2025
File ID: 10584
Enactment Number: R-21-0434
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
authorized' 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:
City of Miami Page 2 of 2 File ID: 10584 (Revision: B) Printed on: 6/3/2025