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HomeMy WebLinkAboutAgenda Item Summary Form1IV OF Hw `93 AGENDA ITEM SUMMARY FORM File ID: #8373 o..Ryl. Date: 12/18/2020 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 01/28/2021 Sponsored By: District Impacted: District 1 Type: Resolution Subject: Authorize - Two (2) Perpetual Non -Exclusive Easements Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to grant two (2) perpetual non-exclusive easements (collectively "Easement"), and to execute a License Agreement ("License"), in forms acceptable to the City Attorney, with the Florida Department of Transportation ("FDOT"), for certain portions of City of Miami ("City") real property, the first Easement located at 1950 Northwest 12 Avenue, containing approximately nine hundred four (904) square feet ("Parcel 801"), and the second Easement located at 1975 Northwest 12 Avenue, containing approximately three hundred forty-five (345) square feet ("Parcel 803"), for the purpose of installing and maintaining traffic signal mast arm(s), pedestrian signal heads, traffic controller cabinet(s) and electrical service disconnect(s), sidewalk curb ramp(s), curb(s) and gutter(s), and pavement making, in, over, under, upon and through said Easement area, in accordance with the terms and conditions of the Easement and License, containing a reverter provision if either Easement is abandoned or discontinued; further authorizing the City Manager to execute all necessary documents, including amendments and modifications, in forms acceptable to the City Attorney, as may be necessary to effectuate said Easement and License. Background of Item: The City of Miami ("City") is the fee simple owner of the real properties located at 1950 Northwest 12 Avenue and 1975 Northwest 12 Avenue, within the City of Miami ("Property"). The Florida Department of Transportation ("FDOT") has requested two (2) perpetual non-exclusive easements (collectively "Easement") for an improvement project that FDOT is planning at the intersection of State Road 933, A/K/A NW 12th Avenue and NW 19th Street, for the purpose of installing and maintaining traffic signal mast arm(s), pedestrian signal heads, traffic controller cabinet(s) and electrical service disconnect(s), sidewalk curb ramp(s), curb(s) and gutter(s), and pavement making (the "Project"). The first Easement shall be approximately nine hundred four (904) square feet of City -owned property located at 1950 Northwest 12 Avenue, Miami, Florida, as more particularly described in the Easement ("Parcel 801 "). The second Easement is approximately three hundred forty-five (345) square feet of City -owned property located at 1975 Northwest 12 Avenue, Miami, Florida, as more particularly described in the Easement ("Parcel 803"). The Easement shall further contain a reverter provision that if either Easement is abandoned, discontinued, or used for any other purpose, either Parcel 801 and/or Parcel 803 shall revert back to the City with no further action required by the City. FDOT has further requested a License Agreement ("License") associated with the Project, solely for the purpose of relocating a sign and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within FDOT right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features of a certain portion of the Property known as "Parcel 900," as more particularly described in the License, for a period not to exceed January 31, 2023. 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 Department of Real Estate and Asset Management Review Completed 12/21/2020 9:33 AM Office of Management and Budget Pedro Lacret Office of Management and Budget Leon P Michel City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Legislative Division Marta Gomez Office of the City Attorney Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Anthony Barcena Department Head Budget Analyst Review Completed 12/22/2020 11:31 AM Budget Review Completed 12/22/2020 3:14 PM Assistant City Manager Review Completed 12/23/2020 4:20 PM City Manager Review Completed 12/24/2020 10:29 AM Legislative Division Review Completed 01/06/2021 4:39 PM ACA Review Completed 01/06/2021 4:41 PM Deputy City Attorney Review Completed 01/06/2021 4:59 PM Approved Form and Correctness Completed 01/07/2021 3:40 PM Meeting Completed 01/28/2021 9:00 AM Rendered Completed 02/01/2021 1:07 PM Legislative Division Review Completed 02/09/2021 10:04 AM ACA Review Completed 02/09/2021 10:11 AM Deputy Attorney Review Completed 02/09/2021 10:28 AM Approved Form and Correctness Completed 02/16/2021 12:59 PM Rendered Completed 02/17/2021 7:57 AM of .�f City of Miami CityHall * iM°nr H°TF° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-21-0040 File Number: 8373 Final Action Date:1/28/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TWO (2) PERPETUAL NON-EXCLUSIVE EASEMENTS (COLLECTIVELY, "EASEMENT") AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR CERTAIN PORTIONS OF CITY OF MIAMI ("CITY') OWNED REAL PROPERTY LOCATED AT 1950 NORTHWEST 12 AVENUE CONTAINING APPROXIMATELY NINE HUNDRED FOUR (904) SQUARE FEET ("PARCEL 801") AND AT 1975 NORTHWEST 12 AVENUE CONTAINING APPROXIMATELY THREE HUNDRED FORTY-FIVE (345) SQUARE FEET ("PARCEL 803") FOR THE PURPOSE OF INSTALLING AND MAINTAINING TRAFFIC SIGNAL MAST ARMS, PEDESTRIAN SIGNAL HEADS, TRAFFIC CONTROLLER CABINETS AND ELECTRICAL SERVICE DISCONNECTS, SIDEWALK CURB RAMPS, CURBS AND GUTTERS, AND PAVEMENT MAKING, ALL IN, OVER, UNDER, UPON, AND THROUGH SAID EASEMENT AREAS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT AND LICENSE WHICH CONTAIN A REVERTER PROVISION IF EITHER EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE EASEMENT AND/OR LICENSE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT AND LICENSE. WHEREAS, the City of Miami ("City) is the fee simple owner of the real properties located at 1950 Northwest 12 Avenue and 1975 Northwest 12 Avenue within the City (collectively, "Property"); and WHEREAS, the Florida Department of Transportation (TDOT") has requested two (2) perpetual non-exclusive easements (collectively, "Easement") for an improvement project that FDOT is planning at the intersection of State Road 933 A/K/A Northwest 12 Avenue and Northwest 19 Street; and WHEREAS, the Easement shall be for the purpose of installing and maintaining traffic signal mast arms, pedestrian signal heads, traffic controller cabinets and electrical service disconnects, sidewalk curb ramps, curbs and gutters, and pavement making (collectively, "Project"); and WHEREAS, the first Easement is approximately nine hundred four (904) square feet of City -owned property located at 1950 Northwest 12 Avenue, Miami, Florida, as more particularly described in the Easement ("Parcel 801"); and WHEREAS, the second Easement is approximately three hundred forty-five (345) square feet of City -owned property located at 1975 Northwest 12 Avenue, Miami, Florida, as more particularly described in the Easement ("Parcel 803"); and WHEREAS, the Easement shall further contain a reverter provision that if either Easement is abandoned, discontinued, or used for any other purpose, either Parcel 801 and/or Parcel 803 shall revert back to the City with no further action required by the City; and WHEREAS, FDOT has further requested a license agreement ("License") associated with the Project for a period not to exceed January 31, 2023 for the sole purpose of relocating a sign and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within FDOT right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features of a certain portion of the Property known as "Parcel 900," as more particularly described in the License; 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 hereby authorized' to execute the Easement, both in forms acceptable to the City Attorney, to FDOT for Parcel 801 and Parcel 803 for the Project, all in, over, under, upon, and through said Easement area. Section 3. The Easement shall contain a reverter provision if either Easement is abandoned, discontinued, or used for any other purpose than those described in the Easement, then either Parcel 801 and/or Parcel 803 shall revert back to the City with no further action required by the City. Section 4. The City Manager is further authorized' to negotiate and execute the License, in a form acceptable to the City Attorney, with FDOT for Parcel 900 for a period not to exceed January 31, 2023 with the License being solely used for the purpose of relocating a sign and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within the FDOT right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features of a certain portion of the Property with other highway improvements, all as more particularly described in the License. Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including amendments and modifications, all in forms acceptable to the City Attorney, as may be necessary to effectuate said Easement and License. Section 6. This Resolution shall become effective immediately upon its adoption. ' 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 APPROVED AS TO FORM AND CORRECTNESS: 91 DI \ I /�t6ria-Wdez, City AttoTey ---) 1/7/2021 /�ii t6rialTdez, City Attorhey __) 2/16/2021 NOTE #1: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. NOTE #2: Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of the original version.