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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. sir re .itu,1111 lf l.lit City of Miami Resolution R-22-0205 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11821 Final Action Date: 619/2022 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(S) (COLLECTIVELY, "EASEMENT"): ATTACHED AND INCORPORATED, WITH PEOPLES GAS SYSTEM. A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA PROFIT CORPORATION (TECO"), FOR A PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT AT THREE (3) LOCATIONS ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL, MIAMI, FLORIDA, FOLIO NUMBER 01-3231-000-0014 ("PROPERTY"), OF APPROXIMATELY EIGHT HUNDRED S1XTY-TWO (862) SQUARE FEET COLLECTIVELY ("EASEMENT AREA"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, ATTACHED AND INCORPORATED, 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 CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED; 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 property located at 1111 Parrat Jungle Trail (Folio No. 01-3231-000-0014), Miami. Florida ("Property"); and WHEREAS, Peoples Gas System ("TECO") has requested that the City grant.TECO a perpetual, non-exclusive utility easement(s) at three (3) locations (collectively, "Easement"), attached and incorporated, at the Property of approximately eight hundred sixty-two (862) square feet collectively ('Easement Area"); 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 located at the Property with the full right of ingress thereto and egress therefrom; WHEREAS, the Easement will be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-8(c) of the Charter of the City of Miami, Florida, as amended ("City Charter'); and City of Miami Page 1 of 2 Fide !D: 11821 (Revision: A) Printed On: 711412022 11821 - Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 11821 Enactment Number: R-22-0205 WHEREAS, the Easement shall further contain a reverter provision that should the Easement be abandoned or discontinued, the Easement shall automatically cease and revert back to the City; 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 hereby authorized' to negotiate and execute the Easement, attached and incorporated, with TECO, for a perpetual, non-exclusive utility Easement at the Property of the Easement Area, as more particularly described in Exhibit "A" of the Easement, attached and incorporated, 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. 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 said Easement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: z, ity ' ttor ey 511612022 dez, ;iYttor aey 7/14/2022 ,17 r_. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City 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 File ID: 11821 (Revision: A) Printed an: 711412022 SUBSTITUTED Trail (Folio No. 01-3231-000-001 City of Miami Legislation Resolution File Number: 11821 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Final Actio A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECT B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDE AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ATTACHMENT(S), A GRANT OF EASEMENT(S) (COLLECTIVELY, "E WITH PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC FLORIDA PROFIT CORPORATION ("TECO'), FOR A PERPETUA UTILITY EASEMENT AT THREE (3) LOCATIONS ON CITY OF PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL, MI NUMBER 01-3231-000-0014 ("PROPERTY"), OF APPROXIM HUNDRED SIXTY-TWO (862) SQUARE FEET COLLECTIV AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" INCORPORATED, FOR TECO TO PLACE, CONSTRU REPAIR, AND REPLACE UNDERGROUND GAS LIN UNDERGROUND NECESSARY APPURTENANCE RIGHT OF INGRESS THERETO AND EGRESS WITH THE TERMS AND CONDITIONS OF TH CONTAINING A REVERTER PROVISION IF DISCONTINUED; FURTHER AUTHORIZIN AND EXECUTE ANY AND ALL OTHER AMENDMENTS AND MODIFICATION ACCEPTABLE TO THE CITY ATTO EFFECTUATE SAID EASEMENT. ITH EMENT ), OMPANY, A NON-EXCLUSIVE AMI OWNED FLORIDA, FOLIO TELY EIGHT LY ("EASEMENT AREA"), ATTACHED AND OPERATE, MAINTAIN, S AND ABOVEGROUND AND THERETO, WITH THE FULL EREFROM, IN ACCORDANCE EASEMENT; FURTHER E EASEMENT IS ABANDONED OR THE CITY MANAGER TO NEGOTIATE CESSARY DOCUMENTS, INCLUDING 0 SAID EASEMENT, ALL IN FORMS -_ EY, AS MAY BE NECESSARY TO ate: N 29- WHEREAS, the City of Miai ("City") owns the property located at 1111 Parrot Jungle Miami, Florida (''Property"); and WHEREAS, Peoples ' as System ("TECO") has requested that the City grant TECO a perpetual, non-exclusive u ity easement(s) at three (3) locations (collectively, "Easement") at the Property of approxii :tely eight hundred sixty-two (862) square feet collectively ("Easement Area"); and WHEREAS the purpose of the Easement is to place, construct, operate, maintain, repair, and repla'e underground gas lines and aboveground and underground necessary appurtenance hereto within said Easement located at the Property with the full right of ingress thereto and : dress therefrom; EREAS, the Easement will be granted to implement a project of a governmental agenc or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami, Flork a, as amended ('"City Charter"); and WHEREAS, the Easement shall further contain a reverter provision that should the Easement be abandoned or discontinued, the Easement shall automatically cease and revert back to the City; and SUBSTITUTED 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-S(c) of the City Charter, the City Manager is he 'by authorized' to negotiate and execute the "Easement", with TECO, for a perpetual, non- clusive utility Easement at the Property of the Easement Area, as more particularly described Exhibit "A", attached and incorporated, for TECO to place, construct, operate, maintain, rep . ir, and replace underground gas lines and aboveground and underground necessary ap..artenances thereto, with the full right of ingress thereto and egress therefrom, in accordanc; with the terms and conditions of the Easement. Section 3. The City Manager is further authorized' to negotiate a execute any and all other necessary documents, including amendments and modifications tâ–º said Easement, all in forms acceptable to the City Attorney, as may be necessary to effect =te said Easement. Section 4. This Resolution shall become effective immediely upon its adoption and signature of the Mayor2. APPROVED AS TO FORM AND CORRECTNESS ity + ttor ey 5/16/202') ' Te herein authorization is further subject to compliance with all legal requirements that may be i posed, including but not limited to those prescribed by applicable City Charter and City 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.