HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13170
Date: 12/20/2022
Commission Meeting Date: 02/09/2023
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By: Christine King
District Impacted: District 2
Type: Resolution
Subject: Easement - FPL - 1099 MacArthur Causeway
Purpose of Item:
A Resolution of the Miami City Commission, authorizing the City Manager to negotiate
and execute a grant of easement ("Easement"), in a form acceptable to the City
Attorney, to Florida Power & Light Company, a Florida for profit corporation, ("FPL"), for
a perpetual non-exclusive easement on a portion of the city -owned property identified
as 1099 MacArthur Causeway folio number 01-3231-000-0013, Miami, Florida,
("Property") consisting of approximately ten (10) foot wide, as more particularly
described in Exhibit "A", attached and incorporated, for the purpose of construction,
operation and maintenance of underground electric and appurtenant above ground
equipment with the right to reconstruct, improve, change and remove all or any of the
facilities within the easement area located at the Property.
Background of Item:
The City of Miami ("City") is the owner of property located at 1099 MacArthur
Causeway, in Miami -Dade County, Florida ("Property"). Florida Power & Light ("FPL")
has requested the grant of easement approximately ten (10) foot wide of the Property
as more particularly described in Exhibit "A" of the agreement ("Easement"), for a
perpetual, non-exclusive easement on City -owned property. This easement will be used
for the construction, operation and maintenance of underground electric, and
appurtenant above ground equipment with the right to reconstruct, improve, change and
remove all or any of the facilities within the easement.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
City Manager's Office
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
Larry M. Spring
Pedro Lacret
Marie Gouin
Arthur Noriega V
Valentin J Alvarez
Reviewed B
Department Head Review
Budget Analyst Review
Budget Review
City Manager Review
Legislative Division Review
Completed
Completed
Completed
Completed
Completed
12/27/2022 3:03 PM
12/27/2022 4:28 PM
12/28/2022 11:49 AM
12/28/2022 4:20 PM
01/10/2023 9:09 AM
OMNI Community Redevelopment Agency
Office of the City Attorney Domini J. Gibbs
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Victoria Mendez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Isiaa Jones
ACA Review
Approved Form and Correctness
Meeting
ACA Review
Completed
Completed
Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
Completed
01/31/2023 12:37 PM
01/31/2023 12:52 PM
02/09/2023 9:00 AM
02/17/2023 12:43 PM
02/17/2023 1:02 PM
02/17/2023 1:03 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0072
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13170 Final Action Date:2/9/2023
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 FLORIDA POWER & LIGHT
COMPANY, A FLORIDA FOR PROFIT CORPORATION ("FPL"), FOR A PERPETUAL,
NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TEN (10) FEET IN WIDTH
LYING FIVE (5) FEET TO THE LEFT AND FIVE (5) FEET TO THE RIGHT ON A
PORTION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1099
MACARTHUR CAUSEWAY, MIAMI, FLORIDA, FOLIO NUMBER 01-3231-000-0013
("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED
AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTING, OPERATING,
AND ONGOING MAINTENANCE OF UNDERGROUND ELECTRIC AND
APPURTENANT ABOVE GROUND EQUIPMENT, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE
FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY;
FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE
ABANDONED OR DISCONTINUED.
WHEREAS, the City of Miami ("City") is the owner of property located at 1099 MacArthur
Causeway, in Miami -Dade County, Florida, folio number 01-3231-000-0013 ("Property"); and
WHEREAS, Florida Power & Light, a for profit corporation ("FPL"), has requested the
grant of a perpetual, non-exclusive easement of approximately ten (10) feet in width lying five
(5) feet to the left and five (5) feet to the right on the Property, as more particularly described in
Exhibit "A," attached and incorporated ("Easement"); 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, this Easement will be used for the construction, operation, and maintenance
of underground electric, and appurtenant above ground equipment with the right to reconstruct,
improve, change and remove all or any of the facilities within the easement, further containing a
reverter provision should the underground easement be abandoned or discontinued;
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 a grant of the Easement, in a form acceptable to the City
Attorney, to FPL, for the purpose of construction, operation and maintenance of underground
electric and appurtenant above ground equipment with the right to reconstruct, improve, change
and remove all or any of the facilities within the easement area located at the Property, further
containing a reverter provision should the easement be discontinued or abandoned.
Section 3. 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 ) 1 /31 /2023
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.