HomeMy WebLinkAboutR-19-0332City of Miami
Resolution R-19-0332
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6353 Final Action Date: 9/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
PERMITTING ENCROACHMENTS, PURSUANT TO SECTION 55-14(B) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, 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 1-395 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
1ST AVENUE AND NORTHWEST 13TH STREET BETWEEN THE CITY'S
ROADWAY SYSTEM AND THE STATE HIGHWAY SYSTEM; AUTHORIZING
THE CITY MANAGER TO TAKE ALL ACTIONS TO ACCEPT FROM FDOT
CERTAIN PROPERTY ABUTTING NORTHEAST 13 STREET FROM
BISCAYNE BOULEVARD TO NORTHEAST 2ND AVENUE; AUTHORIZING
THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO
EFFECTUATE THE PURPOSE OF THIS RESOLUTION.
WHEREAS, the Florida Department of Transportation ("FDOT") 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, fourteen (14) of the foundations will have underground encroachments in
the City's rights -of -way; 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"; and
City of Miami Page 1 of 3 File ID: 6353 (Revision:) Printed On: 4/22/2025
File ID: 6353 Enactment Number: R-19-0332
WHEREAS, the 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 1st Avenue and Northwest 13th
Street, as substantially depicted in Exhibit "B", in exchange for FDOT right-of-way to allow for
the roadway's realignment; and
WHEREAS, FDOT wishes to transfer property abutting NE 13 Street from Biscayne
Boulevard to NE 2 Avenue, depicted on Exhibit "C", to the City in order to widen the roadway to
improve vehicular capacity for the new westbound ramp to 1-395, which the City wishes to
accept; 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", 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. 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," 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.
Section 3. 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 1st
Avenue and Northwest 13th Street between the City's roadway system and the State Highway
System, as substantially depicted in Exhibit "B," and further authorizing the City Manager to
make non -substantial modifications to the areas needed for such purposes.
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.
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File ID: 6353 Enactment Number: R-19-0332
Section 4. The City Manager is authorized' to take all actions necessary, in consultation
with the City Attorney, to accept from FDOT that certain property abutting Northeast 1 3th Street
from Biscayne Boulevard to Northeast 2nd Avenue, as substantially depicted in Exhibit "C,"
further authorizing the City Manager to make non -substantial modifications to the area to be
accepted by the City.
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:
ndez, ity ttor ey 8/30/2019
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: 6353 (Revision:) Printed on: 4/22/2025