HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8373
Date: 12/18/2020
Commission Meeting Date: 01/28/2021
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 1
Type: Resolution
Subject: Authorize - Two (2) Perpetual Non -Exclusive Easements
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to grant two (2) perpetual non-exclusive easements (collectively "Easement"),
and to execute a License Agreement ("License"), in forms acceptable to the City
Attorney, with the Florida Department of Transportation ("FDOT"), for certain portions of
City of Miami ("City") real property, the first Easement located at 1950 Northwest 12
Avenue, containing approximately nine hundred four (904) square feet ("Parcel 801"),
and the second Easement located at 1975 Northwest 12 Avenue, containing
approximately three hundred forty-five (345) square feet ("Parcel 803"), for the purpose
of installing and maintaining traffic signal mast arm(s), pedestrian signal heads, traffic
controller cabinet(s) and electrical service disconnect(s), sidewalk curb ramp(s), curb(s)
and gutter(s), and pavement making, in, over, under, upon and through said Easement
area, in accordance with the terms and conditions of the Easement and License,
containing a reverter provision if either Easement is abandoned or discontinued; further
authorizing the City Manager to execute all necessary documents, including
amendments and modifications, in forms acceptable to the City Attorney, as may be
necessary to effectuate said Easement and License.
Background of Item:
The City of Miami ("City") is the fee simple owner of the real properties located at 1950
Northwest 12 Avenue and 1975 Northwest 12 Avenue, within the City of Miami
("Property"). The Florida Department of Transportation ("FDOT") has requested two (2)
perpetual non-exclusive easements (collectively "Easement") for an improvement
project that FDOT is planning at the intersection of State Road 933, A/K/A NW 12th
Avenue and NW 19th Street, for the purpose of installing and maintaining traffic signal
mast arm(s), pedestrian signal heads, traffic controller cabinet(s) and electrical service
disconnect(s), sidewalk curb ramp(s), curb(s) and gutter(s), and pavement making (the
"Project").The first Easement shall be approximately nine hundred four (904) square
feet of City -owned property located at 1950 Northwest 12 Avenue, Miami, Florida, as
more particularly described in the Easement ("Parcel 801"). The second Easement is
approximately three hundred forty-five (345) square feet of City -owned property located
at 1975 Northwest 12 Avenue, Miami, Florida, as more particularly described in the
Easement ("Parcel 803"). The Easement shall further contain a reverter provision that if
either Easement is abandoned, discontinued, or used for any other purpose, either
Parcel 801 and/or Parcel 803 shall revert back to the City with no further action required
by the City. FDOT has further requested a License Agreement ("License") associated
with the Project, solely for the purpose of relocating a sign and for the reconstruction of
the existing pedestrian ramp, adjacent sidewalk within FDOT right of way, and for
sloping, grading, tying in, harmonizing, and reconnecting existing features of a certain
portion of the Property known as "Parcel 900," as more particularly described in the
License, for a period not to exceed January 31, 2023.
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 Real Estate and Asset Management
Review Completed 12/21/2020 9:33 AM
Office of Management and Budget Pedro Lacret
Office of Management and Budget Leon P Michel
City Manager's Office
City Manager's Office
Legislative Division
Department of Fire -Rescue
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Legislative Division
Department of Fire -Rescue
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Fernando Casamayor
Arthur Noriega V
Marta Gomez
Daniel Diaz
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Valentin J Alvarez
Daniel Diaz
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Anthony Barcena Department Head
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Legislative Division Review
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed 12/22/2020 11:31 AM
Completed 12/22/2020 3:14 PM
Completed 12/23/2020 4:20 PM
Completed 12/24/2020 10:29 AM
Completed 01/06/2021 4:39 PM
Completed 01/06/2021 4:41 PM
Completed 01/06/2021 4:59 PM
Completed 01/07/2021 3:40 PM
Completed 01/28/2021 9:00 AM
Completed 02/01/2021 1:07 PM
Completed 02/09/2021 10:04 AM
Completed 02/09/2021 10:11 AM
Completed 02/09/2021 10:28 AM
Completed 02/16/2021 12:59 PM
Completed 02/17/2021 7:57 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0040
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8373 Final Action Date:1/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING TWO (2) PERPETUAL NON-EXCLUSIVE EASEMENTS (COLLECTIVELY,
"EASEMENT") AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AGREEMENT ("LICENSE"), ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT")
FOR CERTAIN PORTIONS OF CITY OF MIAMI ("CITY") OWNED REAL PROPERTY
LOCATED AT 1950 NORTHWEST 12 AVENUE CONTAINING APPROXIMATELY
NINE HUNDRED FOUR (904) SQUARE FEET ("PARCEL 801") AND AT 1975
NORTHWEST 12 AVENUE CONTAINING APPROXIMATELY THREE HUNDRED
FORTY-FIVE (345) SQUARE FEET ("PARCEL 803") FOR THE PURPOSE OF
INSTALLING AND MAINTAINING TRAFFIC SIGNAL MAST ARMS, PEDESTRIAN
SIGNAL HEADS, TRAFFIC CONTROLLER CABINETS AND ELECTRICAL SERVICE
DISCONNECTS, SIDEWALK CURB RAMPS, CURBS AND GUTTERS, AND
PAVEMENT MAKING, ALL IN, OVER, UNDER, UPON, AND THROUGH SAID
EASEMENT AREAS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF THE EASEMENT AND LICENSE WHICH CONTAIN A REVERTER PROVISION IF
EITHER EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO THE EASEMENT AND/OR LICENSE, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID EASEMENT AND LICENSE.
WHEREAS, the City of Miami ("City) is the fee simple owner of the real properties
located at 1950 Northwest 12 Avenue and 1975 Northwest 12 Avenue within the City
(collectively, "Property"); and
WHEREAS, the Florida Department of Transportation ("FDOT") has requested two (2)
perpetual non-exclusive easements (collectively, "Easement") for an improvement project that
FDOT is planning at the intersection of State Road 933 A/K/A Northwest 12 Avenue and
Northwest 19 Street; and
WHEREAS, the Easement shall be for the purpose of installing and maintaining traffic
signal mast arms, pedestrian signal heads, traffic controller cabinets and electrical service
disconnects, sidewalk curb ramps, curbs and gutters, and pavement making (collectively,
"Project"); and
WHEREAS, the first Easement is approximately nine hundred four (904) square feet of
City -owned property located at 1950 Northwest 12 Avenue, Miami, Florida, as more particularly
described in the Easement ("Parcel 801"); and
WHEREAS, the second Easement is approximately three hundred forty-five (345)
square feet of City -owned property located at 1975 Northwest 12 Avenue, Miami, Florida, as
more particularly described in the Easement ("Parcel 803"); and
WHEREAS, the Easement shall further contain a reverter provision that if either
Easement is abandoned, discontinued, or used for any other purpose, either Parcel 801 and/or
Parcel 803 shall revert back to the City with no further action required by the City; and
WHEREAS, FDOT has further requested a license agreement ("License") associated
with the Project for a period not to exceed January 31, 2023 for the sole purpose of relocating a
sign and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within FDOT
right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features
of a certain portion of the Property known as "Parcel 900," as more particularly described in the
License;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to execute the Easement, both in
forms acceptable to the City Attorney, to FDOT for Parcel 801 and Parcel 803 for the Project, all
in, over, under, upon, and through said Easement area.
Section 3. The Easement shall contain a reverter provision if either Easement is
abandoned, discontinued, or used for any other purpose than those described in the Easement,
then either Parcel 801 and/or Parcel 803 shall revert back to the City with no further action
required by the City.
Section 4. The City Manager is further authorized' to negotiate and execute the
License, in a form acceptable to the City Attorney, with FDOT for Parcel 900 for a period not to
exceed January 31, 2023 with the License being solely used for the purpose of relocating a sign
and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within the FDOT
right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features
of a certain portion of the Property with other highway improvements, all as more particularly
described in the License.
Section 5. The City Manager is further authorized to negotiate and execute any and all
other necessary documents, including amendments and modifications, all in forms acceptable to
the City Attorney, as may be necessary to effectuate said Easement and License.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey
1/7/2021 ndez, City Nttor ey 2/16/2021
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