HomeMy WebLinkAboutR-23-0211City of Miami
Resolution R-23-0211
Legislation
File Number: 13795
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/11/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION R-19-0332, IN ITS ENTIRETY, AND
SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION PERMITTING
ENCROACHMENTS, PURSUANT TO SECTION 55-14(B) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") IN CERTAIN
CITY OF MIAMI ("CITY") RIGHTS -OF -WAY IN FURTHERANCE OF THE
FLORIDA DEPARTMENT OF TRANSPORTATION'S ("FDOT")
IMPROVEMENTS TO STATE ROAD 836 AND INTERSTATE 395 FROM
NORTHWEST 17 AVENUE TO BISCAYNE BAY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE CONVEYANCE OF VARIOUS EASEMENTS
TO FDOT FOR SAID ENCROACHMENTS, IN THE AREAS SUBSTANTIALLY
DEPICTED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH FDOT FOR RIGHT-OF-WAY TRANSFERS OF PORTIONS
OF NORTHWEST 1 ST AVENUE AND NORTHWEST 13TH STREET BETWEEN
THE CITY'S ROADWAY SYSTEM AND THE STATE HIGHWAY SYSTEM;
AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY
TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION.
WHEREAS, the Florida Department of Transportation (TDOT") is in the process of
constructing improvements along State Road 836 ("SR 836") and Interstate 395 ("1-395") from
Northwest 17th Avenue to MacArthur Causeway that will enhance safety and mobility within the
City of Miami ("City"); and
WHEREAS, the proposed improvements include a heritage trail for pedestrians from
Northwest 3rd Avenue to Biscayne Boulevard beneath 1-395 ("Heritage Trail"); and
WHEREAS, the City and FDOT are actively working together to provide amenities that
would encourage activity on the Heritage Trail including direct access to shopping recreation,
entertainment, transportation and employment; and
WHEREAS, to complete the improvements, new bridge pier foundations are required to
support the elevated SR 836 and 1-395; and
WHEREAS, the City adopted Resolution R-19-0332 on September 12, 2019, which
included perpetual easements at fourteen (14) locations for underground encroachments, the
transfer of jurisdiction of a portion of Northwest 1 st Avenue and Northwest 131" Street; and the
transfer to the City of property abutting Northeast 131" Street from Biscayne Boulevard to
Northeast 2nd Avenue; and
WHEREAS, the location and number of perpetual easements required by FDOT for
construction of improvements have been revised from fourteen (14) to eight (8); and
City of Miami Page 1 of 3 File ID: 13795 (Revision:) Printed On: 5/22/2023
File ID: 13795 Enactment Number: R-23-0211
WHEREAS, the City and FDOT intend to enter into a separate Road Jurisdiction
Transfer Agreement transferring jurisdiction to FDOT of segments of Northeast 11 th Terrace and
Northeast 131" Street, which will render unnecessary the previously proposed transfer to the City
of property abutting Northeast 13t" Street from Biscayne Boulevard to Northeast 2nd Avenue;
and
WHEREAS, FDOT is requesting conveyance of perpetual easements from the City for
the placement of encroaching bridge pier foundations within the City's rights -of -way, as
substantially depicted in Exhibit "A," attached and incorporated; and
WHEREAS, in order to effectuate the improvements to SR 836 and 1-395, the City and
FDOT wish to transfer jurisdiction of a portion of Northwest 1 st Avenue and Northwest 13t"
Street, as substantially depicted in Exhibit "B," attached and incorporated, in exchange for
FDOT right-of-way to allow for the roadway's realignment; and
WHEREAS, in accordance with Section 55-14(b) of the Code of City of Miami, Florida,
as amended ("City Code"), the City Commission may permit an encroachment which does not
unduly restrict use of a right-of-way where such encroachment is a necessary essential element
in the construction of an otherwise authorized pedestrian and/or vehicular overpass above or
underpass below said right-of-way; and
WHEREAS, FDOT's improvements to SR 836 and 1-395 are an authorized vehicular
overpass and the proposed encroachments into the City's rights -of -way, as substantially
depicted in Exhibit "A," attached and incorporated, will not unduly restrict use of the rights -of -
way into which they encroach; and
WHEREAS, FDOT is a governmental agency and thus exempt from payment of user
fees in connection with said encroachments pursuant to Section 55-14(f) of the City Code; and
WHEREAS, the perpetual easements and agreement shall be 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');
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. Resolution No. R-19-0332 is hereby rescinded in its entirety.
Section 3. Pursuant to Section 29-B of the City Charter, the City Manager is authorized'
to execute perpetual easements, in forms acceptable to the City Attorney, with FDOT for the
placement of underground bridge pier foundation encroachments within the City's rights -of -way,
as substantially depicted in Exhibit "A," attached and incorporated, subject to the execution and
recordation of a covenant running with the land in compliance with Section 55-14(d) of the City
Code and further authorizing' the City Manager to make non- substantial modifications to the
areas needed for such purposes.
' 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.
City of Miami Page 2 of 3 File ID: 13795 (Revision:) Printed on: 5/22/2023
File ID: 13795
Enactment Number: R-23-0211
Section 4. The City Manager is authorized' to execute an agreement, in a form
acceptable to the City Attorney, with FDOT for right-of-way transfers of portions of Northwest 1 st
Avenue and Northwest 131" Street between the City's roadway system and the State Highway
System, as substantially depicted in Exhibit "B," attached and incorporated, and further
authorizing' the City Manager to make non -substantial modifications to the areas needed for
such purposes.
Section 5. The City Manager is authorized' to take all actions to effectuate the intent of
this Resolution.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Una ndez, City Nttor iey 5/2/2023
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 3 of 3 File ID: 13795 (Revision:) Printed on: 5/22/2023