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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. City of Miami Page 2 of 3 File ID: 6353 (Revision:) Printed on: 4/22/2025 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