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HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y AGENDA ITEM SUMMARY FORM File ID: #6301 Date: 08/01/2019 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 09/12/2019 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute Easement - Florida Power and Light Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a grant of easement ("Easement"), in substantially the attached form, to Florida Power and Light company, a for-profit Florida Corporation, for a perpetual, non-exclusive easement of approximately ten (10) foot wide of city -owned property located at 3500 Pan American Drive, Miami, Florida, as more particularly described in Exhibit "A" of the Easement, for the construction, operation and maintenance of electric utility facilities, in accordance with the terms and conditions of the Easement. Background of Item: The City of Miami ("City") owns the property located at 3500 Pan American Drive, Miami, Florida. Florida Power & Light Company has requested a perpetual, non- exclusive easement of approximately ten (10) foot wide. The Easement will be used to construct, operate and maintain underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above ground equipment) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of and remove such facilities or any of them within said Easement, with full right of ingress thereto and egress therefrom, in accordance with the terms and conditions of the Easement. The Easement is necessary in order to bring electrical service to the City -owned property. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Real Estate and Asset Management Yvonne Hernandez Department Head Review Completed 08/01/2019 4:12 PM Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 08/07/2019 10:30 AM Office of Management and Budget Christopher M Rose Budget Review Completed 08/22/2019 6:25 AM City Manager's Office Fernando Casamayor Assistant City Manager Review Completed 08/22/2019 5:17 PM Legislative Division Valentin J Alvarez City Manager's Office Ignacio Ortiz -Petit Office of the City Attorney Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Legislative Division Review Completed City Manager Review Completed ACA Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 08/27/2019 11:02 AM 08/29/2019 1:41 PM 08/29/2019 3:03 PM 08/29/2019 3:37 PM 08/30/2019 3:50 PM 09/12/2019 9:00 AM 09/20/2019 4:01 PM 09/20/2019 4:23 PM 09/20/2019 4:23 PM 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 this certification hearing unless all other regulatory approvals for the Turkey Point 6 & 7 project are issued"; -,IV ov . City of Miami City Hall IIS iit A4to �. � „1,l ,a Legislation 3500 Pan American Drive r Miami, FL 33133 �—R � _- Resolution www.miamigov.com Enactment Number: R-19-0341 File Number: 6301 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 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 i ria i "ndez, Cify Attor iey 813012019 ' 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.