HomeMy WebLinkAboutR-19-0200City of Miami
Resolution R-19-0200
Legislation
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
City of Miami Page 1 of 3 File ID: 5856 (Revision:) Printed On: 4/18/2025
File ID: 5856 Enactment Number: R-19-0200
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
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.
City of Miami Page 2 of 3 File ID: 5856 (Revision:) Printed on: 4/18/2025
File ID: 5856 Enactment Number: R-19-0200
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 5856 (Revision:) Printed on: 4/18/2025