HomeMy WebLinkAboutR-19-0341City of Miami
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Resolution: R-19-0341
File Number: 6301
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF
EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE
FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION,
FOR A PERPETUAL, NON-EXCLUSIVE OVERHEAD AND UNDERGROUND
EASEMENT ("EASEMENT") OF AN APPROXIMATELY TEN FOOT (10') WIDE
AREA TOTALING ONE THOUSAND NINE HUNDRED EIGHTY ONE (1,981)
SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" OF THE EASEMENT ("EASEMENT AREA"), FOR
THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRIC
UTILITY FACILITIES 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;
FURTHER CONTAINING A REVERTER PROVISION SHOULD THE
EASEMENT BE ABANDONED OR DISCONTINUED.
WHEREAS, the City of Miami ("City") owns the property located at 3500 Pan
American Drive, Miami, Florida ("Property"); and
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 an approximately ten foot (10') wide area of City -owned property located at
the Property, as more particularly described in Exhibit "A" of the Easement, attached and
incorporated ("Easement Area"); and
WHEREAS, the Easement will 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 further contain a reverter provision that should the
Easement be abandoned or discontinued, the Easement shall automatically cease and revert to
the City; and
WHEREAS, the Easement is necessary in order to bring electrical service to the City -
owned property; and
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
City of Miami Page 1 of 2 File ID: 6301 (Revision:) Printed On: 9/25/2019
File ID: 6301
Enactment Number: R-19-0341
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute the Easement, in substantially the
attached form, 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:
1
4ia dez, CiItyAtto i ey 8/30/2019
' 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 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: 6301 (Revision:) Printed on: 9/25/2019