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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4197 Date: 05/23/2018 Commission Meeting Date: 06/28/2018 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Perpetual Aerial Easement - Florida East Coast Railway, LLC. Purpose of Item: A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a Perpetual Aerial Easement Agreement, in substantially the attached form, with Florida East Coast Railway, L.L.0 and the City of Miami to construct a pedestrian bridge at NW 17 Street above the FEC right of way. Background of Item: Currently pedestrians and vehicular access across the FEC railroad is limited to locations where road crossings exist. City of Miami Dorsey Park is located on the west side of the railroad at NW 17th Street. Residents living east of the rail line are required to walk/ride/drive several city blocks to the north or south to access the park. This proposed easement will allow for the construction of a pedestrian bridge to be constructed for the use of walkers and cyclist to easily and safely traverse the railroad property to access the park and other areas to the west. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Department of Resilience and Public Works Review Completed 05/29/2018 4:24 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Office of the City Attorney Valentin J Alvarez Legislative Division Valentin J Alvarez 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 Juvenal Santana Department Head Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review ACA Review Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Completed Completed Completed Completed Skipped Completed Completed Completed Completed Completed Signed and Attested by the City Clerk Completed 06/01/2018 3:12 PM 06/03/2018 11:49 AM 06/03/2018 3:16 PM 06/05/2018 11:14 AM 06/12/2018 3:58 PM 06/12/2018 4:17 PM 06/12/2018 4:39 PM 06/13/2018 2:02 PM 06/28/2018 9:00 AM 07/09/2018 4:39 PM 07/09/2018 5:14 PM Office of the City Clerk City Clerk's Office Rendered Completed 07/09/2018 5:15 PM City of Miami Legislation Resolution Enactment Number: R-18-0259 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4197 Final Action Date:6/28/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PERPETUAL AERIAL EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY ("FEC"), FOR THE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND USE OF AN ELEVATED PEDESTRIAN BRIDGE FOR NORTHWEST 17 STREET, MIAMI, FLORIDA, ABOVE A PORTION OF THE EXISTING RAILWAY CORRIDOR OWNED BY FEC. WHEREAS, currently pedestrians and vehicular access across the Florida East Coast Railway, L.L.C., a Florida Limited Liability Company ("FEC"), railroad is limited to locations where road crossings exist; and WHEREAS, the City of Miami ("City") Dorsey Park is located on the west side of the railroad at Northwest 17th Street; and WHEREAS, residents living east of the rail line are required to walk/ride/drive several City blocks to the north or south to access the park; and WHEREAS, the City desires to construct, install, inspect, maintain, and use an elevated pedestrian bridge for Northwest 17th Street ("Bridge") above a portion of the existing railway corridor owned by the FEC, located in Miami -Dade County ("MDC"), Florida, and more particularly described in Exhibit "A," attached hereto and made a part hereof ("Corridor Property"); and WHEREAS, the City desires that it be granted an aerial easement over a portion of the Corridor Property, which shall cross the railroad tracks of the Corridor Parcel, above grade, within an aerial space which shall consist of fifteen (15) linear feet in length, along the southeasterly line of the Corridor Property, fifteen (15) linear feet in length, along the northwesterly line of the Corridor Property, encompassing a total area of no more than 927.15 square feet of a portion of the Corridor Property ("Aerial Easement Property"), which shall be determined from within the overall aerial easement property, more particularly described in Exhibit "B," attached hereto and made a part hereof ("Overall Aerial Easement Property"); and WHEREAS, upon the terms and conditions of this Perpetual Aerial Easement Agreement ("Agreement"), attached and incorporated, FEC will grant, bargain, sell, and convey to the City, its successors, and assigns, a nonexclusive, perpetual aerial easement within the Aerial Easement Property for the sole purpose of constructing, installing, maintaining, replacing, and using the Bridge elevated over a portion of the Corridor Property within the Aerial Easement Property, as a pedestrian walkway for the use of the general public ("Aerial Easement"), expressly subject to the terms and conditions of the Agreement; 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. The City Manager is authorized' to execute the Agreement, in substantially the attached form, with the FEC for the construction, installation, inspection, maintenance, and use of an elevated pedestrian Bridge for Northwest 17 Street, Miami, Florida, above a portion of the existing railway corridor owned by the FEC. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Nttor ey ) 6/13/2018 1 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 (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.