HomeMy WebLinkAboutR-23-0147City of Miami
Resolution R-23-0147
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Legislation
File Number: 13365
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29(B) OF THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE
A QUIT CLAIM DEED, IN SUBSTANTIALLY THE FORM ATTACHED AND
INCORPORATED AS EXHIBIT "B," CONVEYING A CITY OF MIAMI ("CITY")
OWNED RIGHT OF WAY ON A PORTION OF NORTHWEST 16TH AVENUE
BETWEEN NORTHWEST 22ND AND 23RD STREETS, MIAMI, FLORIDA
("PROPERTY") TO THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A
PERPETUAL EASEMENT, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), FROM FDOT
FOR THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE.
WHEREAS, the City of Miami ("City") is the owner of certain Right of Way lands along
Northwest 161" Avenue, between 22nd and 23rd streets ("City ROW') over which are located
railroad tracks connecting the South Florida Rail Corridor ("SFRC"), formerly known as the
CSXT Rail Corridor, which City ROW is more particularly described in the City Deed, attached
and incorporated as Exhibit "B" ("Property); and
WHEREAS, the Florida Department of Transportation ("FDOT"), as successor owner of
interests pertaining to the SFRC, owned rights over the City ROW by way of a 1926
permit/easement for the operation of said railroad tracks; and
WHEREAS, the City desires to convey the City ROW to FDOT and FDOT wishes to
accept the CITY ROW in order to maintain the SFRC alignment at this location; and
WHEREAS, the conveyance of the City ROW to FDOT 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');
WHEREAS, FDOT in turn wishes to grant the City a perpetual easement, attached and
incorporated as Exhibit "A," to the City ROW to allow for the City's operation and maintenance
of Drainage pipes on the City ROW;
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 fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 13365 (Revision:) Printed On: 3/30/2023
File ID: 13365
Enactment Number: R-23-0147
Section 2. Pursuant to Section 29(B)(c) of the City Charter, the City Manager is
authorized' to execute a Quit Claim Deed, in substantially the form attached and incorporated
as Exhibit "B," conveying the City ROW described herein to FDOT.
Section 3. The City Manager is further authorized' to accept a Perpetual Easement from
FDOT, as more particularly described in Exhibit "A," attached and incorporated, to said City
ROW for the City's operation and maintenance of Drainage pipes.
Section 4. The City Manager is further authorized' to execute any necessary
documents, in a form acceptable to the City Attorney, in order to effectuate said conveyance
and said Perpetual Easement.
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
&ina Ciky Hktor iey 2/22/2023
' 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: 13365 (Revision:) Printed on: 3/30/2023