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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney % 7t for DATE: February 17, 2023 RE: Resolution No. R-23-0073 — Permanent Easement — Florida Power & Light — Virginia Key File No. 13379 At its February 9, 2023, meeting, the City Commission adopted the above referenced agenda item, PH.4, authorizing the City Manager to negotiate and execute a grant of easement, in a form acceptable to the City Attorney, to Florida Power & Light Company, a Florida for -profit corporation, for a perpetual, non-exclusive easement, on a portion of the City of Miami owned properties at 3691 Rickenbacker Causeway (folio number 01-4209-000-0010) and 3851 Rickenbacker Causeway (folio number 01-4216-000-0050 ) Miami, Florida for the purpose of construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, and appurtenant above ground equipment, with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/XEA/vja Enclosure(s) 1371-9 �1,;✓¢neiA t(LOt vvlEw00 City of Miami Resolution R-23-0073 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13379 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, ON A PORTION OF THE CITY - OWNED PROPERTIES, IDENTIFIED AS 3691 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4209-000-0010) AND 3851 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0050 ) MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), CONSISTING OF APPROXIMATELY 4.20 ACRES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPER0'IO14, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILE}TIES; INCLUDING CABLES, CONDUITS, AND APPURTENANT ABOVE GR;G ',UNp3 EQUIPMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, GIA'NGy; AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASE:MEN—T LOCATED AT THE PROPERTY. SPONSOR(S): Commissioner Christine King WHEREAS, the City of Miami ("City") is the owner of properties located at 369E Rickenbacker Causeway and 3851 Rickenbacker Causeway, folio numbers 01-4209-000-0010 and 01-4216-000-0050 respectively, in Miami -Dade County, Florida (collectively the "Property"); and WHEREAS, Florida Power & Light Company, a Florida for -profit corporation ("FPL"), requests the grant of a perpetual, non-exclusive Easement of approximately 4.20 acres underground easement, as more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, the purpose of the Easement is for the construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, appurtenant 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 the easement 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"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 13379 (Revision: A) Printed On: 2/21/2023 File ID: 13379 Enactment Number: R-23-0073 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 easement ("Easement"), in a form acceptable to the City Attorney, to FPL for a perpetual, non-exclusive easement, on a portion of the City - owned properties at 3691 Rickenbacker Causeway (folio number 01-4209-000-0010) and 3851 Rickenbacker Causeway (folio number 01-4216-000-0050) Miami, Florida (collectively the "Property"), consisting of approximately 4.20 acres, as more particularly described in Exhibit "A," attached and incorporated, for the purpose of construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, and appurtenant above ground equipment, with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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: 13379 (Revision: A) Printed on: 2/21/2023 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13379 Final Action Date: 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, ON A PORTION OF THE CITY -OWNED PROPERTIES, IDENTIFIED AS 3691 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4209-000-0010) AND 3851 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0050 ) MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), CONSISTING OF APPROXIMATELY 4.20 ACRES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, AND APPURTENANT ABOVE GROUND EQUIPMENT, WITH THEE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY ( THE FACILITIES WITHIN THE EASEMENT LOCATED AT THE PROPERTY- WHEREAS, the City of Miami ("City") is the owner of properties located at 3.9.1: Rickenbacker Causeway and 3851 Rickenbacker Causeway, folio numbers 01-420?9EO00-0D10 and 01-4216-000-0050 respectively, in Miami -Dade County, Florida (collectively the °Property"), and WHEREAS, Florida Power & Light Company, a Florida for -profit corporation ("':_FPL''„ ;' requests the grant of a perpetual, non-exclusive Easement of approximately 4.20 acres underground easement, as more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, the purpose of the Easement is for the construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, appurtenant 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 the easement located at the Property. 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") 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 easement ("Easement"), in a form acceptable to the City Attorney, to FPL for a perpetual, non-exclusive easement, on a portion of the City - owned properties at 3691 Rickenbacker Causeway (folio number 01-4209-000-0010) and 3851 Rickenbacker Causeway (folio number 01-4216-000-0050) Miami, Florida (collectively the "Property"), consisting of approximately 4.20 acres, as more particularly described in Exhibit "A," attached and incorporated, for the purpose of construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, and appurtenant above ground equipment, with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity i ttor ey ) 1 /31 /2023 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.