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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5856 Date: 05/02/2019 Commission Meeting Date: 05/23/2019 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: Type: Resolution Subject: Execute - Aerial Easement - Civil & Probate Courthouse Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute an Aerial Easement ("Easement"), in substantially the attached form, with Miami -Dade County for proposed Civil and Probate Courthouse Project encroachments over the City of Miami right-of-way known as Northwest 1st Avenue between Northwest 1st Street and West Flagler Street Miami -Dade County, Florida; certain user fees required by Section 55-14 of the Code of the City of Miami, Florida, for governmental entities and agencies are exempt from payment of user fee for the encroachments over the public right of way; further, authorizing the City Manager to take all actions necessary to accomplish the granting of said Easement, as stated herein. Background of Item: Miami -Dade County has requested that the City of Miami prepare and expedite the approval of an aerial easement so that the proposed Civil and Probate Courthouse Project can proceed with a final RFP scheduled to be issued on May 23, 2019. 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 Office of Resilience and Sustainability Review Completed 05/02/2019 9:19 AM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose Department of Risk Management Ann -Marie Sharpe City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of Zoning Daniel Goldberg Office of the City Attorney Barnaby L. Min Alan M. Dodd Budget Analyst Review Budget Review Risk Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Department Head Completed Completed Completed Completed Completed Completed Completed Completed 05/02/2019 11:09 AM 05/06/2019 3:10 PM 05/07/2019 11:59 AM 05/07/2019 12:11 PM 05/07/2019 1:43 PM 05/07/2019 3:03 PM 05/14/2019 12:44 PM 05/14/2019 12:58 PM Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 05/14/2019 7:07 PM 05/23/2019 9:00 AM 05/31/2019 10:07 AM 05/31/2019 10:36 AM 05/31/2019 10:36 AM City of Miami Legislation Resolution Enactment Number: R-19-0200 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5856 Final Action Date:5/23/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY FOR ENCROACHMENTS OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF- WAY KNOWN AS NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 1ST STREET AND WEST FLAGLER STREET MIAMI, FLORIDA FOR THE PROPOSED CIVIL AND PROBATE COURTHOUSE PROJECT PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH CERTAIN USER FEES REQUIRED BY SECTION 55-14 OF THE CITY CODE FOR GOVERNMENTAL ENTITIES AND AGENCIES BEING EXEMPT FROM PAYMENT FOR THE ENCROACHMENTS OVER THE PUBLIC RIGHT-OF-WAY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT AND THE RECORDATION THEREOF IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, Miami -Dade County ("County") has requested that the City of Miami ("City") prepare and expedite the approval of an aerial easement, in a form acceptable to the City Attorney ("Aerial Easement"), so that the proposed Civil and Probate Courthouse Project ("Project") can proceed with a final Request for Proposals ("RFP") scheduled to be issued by the County on May 23, 2019; and WHEREAS, the Project is a project of regional importance in a transit -oriented development due to its location substantially within the County's Rapid Transit Zone, pursuant to Chapter 33C of the Miami -Dade County Code, and qualifies as a Transit Oriented Development as defined in Ordinance No. 13114, as amended, the zoning ordinance of the City of Miami, Florida because it is less than one-half mile from both the Government Station Metrorail Station, as well as numerous Metromover stations; and WHEREAS, the City has certain legal rights, custodial responsibility, and interest in the right-of-way known as Northwest 1st Avenue between Northwest 1st Street and West Flagler Street ("Right -of -Way"), which includes the property legally described and as depicted on Exhibit "A" of the Aerial Easement ("Adjacent Parcels"); and WHEREAS, the County is the owner of fee simple title to that certain real property in Miami -Dade County, Florida, as legally described in Exhibit "B" of the Aerial Easement ("Burdened Property"), to which the Aerial Easement shall be appurtenant, as may be amended by the City and County upon completion of the improvements to reference only that portion of the Adjacent Parcels immediately adjacent to the Burdened Property; and WHEREAS, County staff has determined that in order to accomplish the most efficient layout for courtrooms on the Project, an aerial easement must be obtained above the Right -of - Way to allow upper floors to overhang nine (9) feet above the Right -of -Way, legally described and depicted on Exhibit "C" of the Aerial Easement; and WHEREAS, the City desires to grant the County an Aerial Easement, in a form acceptable to the City Attorney, for the Burdened Property pursuant to Section 55-14 of the Code of the City of Miami, Florida, as amended ("City Code"), for the purposes of, among other things as set forth herein, constructing, maintaining, and accessing the improvements to allow safe and reasonable use of the Right -of -Way and Adjacent Parcels pursuant to the RFP; and WHEREAS, the County's proposed use will not impair the full use of the Right -of -Way for vehicular or pedestrian traffic or impede the free flow of traffic on the Right -of -Way; and WHEREAS, the Aerial Easement 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"); and WHEREAS, as consideration for receiving access and use rights through the Aerial Easement, the County hereby agrees to maintain and repair any and all improvements and indemnify, hold harmless, and defend the City, as further set forth and agreed to in the Aerial Easement; 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 negotiate and execute an Aerial Easement, in a form acceptable to the City Attorney, with the County for encroachments over and across the City's Right -of -Way for the development of the Project pursuant to Section 55-14 of the City Code. Section 3. The City Manager is further authorized' to take any and all actions necessary to grant said Aerial Easement and record said Aerial Easement in the Public Records of Miami - Dade County, Florida. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 5/14/2019 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 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.