HomeMy WebLinkAboutR-19-0158City of Miami
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Legislation
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Resolution: R-19-0158
File Number: 5652
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND IN
CONFORMITY WITH THIS RESOLUTION, TO THE FLORIDA POWER & LIGHT
COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-
EXCLUSIVE OVERHEAD AND UNDERGROUND EASEMENT ("EASEMENT")
OF A PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 1901
NORTHWEST 24 AVENUE, MIAMI, FLORIDA, FOLIO NO. 01-3134-000-0330,
AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED ("EASEMENT AREA"), FOR THE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF OVERHEAD AND UNDERGROUND
ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT,
IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID
EASEMENT AREA; FURTHER CONTAINING A REVERTER PROVISION
SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED.
WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"), has
requested the grant of a perpetual, non-exclusive overhead and underground easement
("Easement") of a portion of the property located at approximately 1901 Northwest 24 Avenue,
Miami, Florida, Folio No. 01-3134-000-0330, and as more particularly described in Exhibit "A",
attached and incorporated ("Easement Area"); and
WHEREAS, the Easement shall be used for the construction, operation, and
maintenance of overhead and underground electric utility facilities, with the right to reconstruct,
improve, and remove all or any of the facilities within said Easement Area; and
WHEREAS, the Easement shall allow FPL to attach wires to any facilities thereunder, to
lay cables and conduits within the Easement Area, and to operate same for communication
purposes; the right to ingress and egress the Easement Area at all times; to clear the land and
keep it cleared of all tress, undergrowth, and other obstructions within the Easement Area; to
trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs
outside of the Easement Area which might interfere with or fall upon the lines or systems of
communication, power transmission, or distribution; and, grant, to the fullest extent permissible,
if at all, the rights hereinabove granted over the Easement Area heretofore described, over,
along, under, and across those roads, streets, or highways that adjoin to or run through said
Easement Area; 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
WHEREAS, the Easement is necessary in order to formalize access to the existing
communication and electrical service on City -owned property; and
City of Miami Page 1 of 2 File ID: 5652 (Revision:) Printed On: 5/6/2019
File ID: 5652
Enactment Number: R-19-0158
WHEREAS, by granting this Easement, the City shall not waive its acceptance of FPL's
stipulation during the Administrative Hearing held pursuant to the requirements of the Power
Plant Siting Act with regard to the licensing of Turkey Point Nuclear Reactors No. 6 and No. 7,
found at Volume 14, Pages 1938:14-1939:14 of the transcript, whereby FPL "will not build its
proposed David -Miami transmission line as specified for the Turkey Point 6 & 7 project or any
portion of it under any Power Plant Siting Act certification issued by the siting board following
this certification hearing unless all other regulatory approvals for the Turkey Point 6 & 7 project
are issued";
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 as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute the Easement, in substantially the
attached form and in conformity with this Resolution, with FPL over the Easement Area for the
construction, operation, and maintenance of overhead and underground electric utility facilities,
with the right to reconstruct, improve, and remove all or any of the facilities within said
Easement Area.
Section 3. The Easement shall contain a reverter provision should the Easement be
abandoned or discontinued.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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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 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: 5652 (Revision:) Printed on: 5/6/2019