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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13365 Date: 01/30/2023 Commission Meeting Date: 03/23/2023 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 1 Type: Resolution Subject: Execute Quit Claim and Accept a Perpetual Easement from FDOT Purpose of Item: A Resolution authorizing the City Manager to execute a Quit Claim Deed for a parcel to the Florida Department of Transportation (FDOT), and acceptance of a perpetual easement for the same parcel a property located on City right of Way on a portion of NW 16th Avenue between NW 22nd Street and NW 23rd Street, and further authorizing the City Manager to execute any necessary documents, in a form acceptable to the City Attorney, in order to execute such conveyance. Background of Item: The City of Miami is the owner of certain Right of Way lands along Northwest 16th Avenue, between 22nd Street and 23rd Street ("City ROW') over which are located railroad tracks connecting the South Florida Rail Corridor ("SFRC"), formerly known as the CSXT Rail Corridor, which City ROW is more particularly described in Exhibit "A" ("Property); and the Florida Department of Transportation ("FDOT") as successor owner of interests pertaining to the SFRC owned rights over the City ROW by way of a 1926 permit/easement for the operation of said railroad tracks; and the City desires to convey the City ROW to FDOT and FDOT wishes to accept the CITY ROW in order to maintain the SFRC alignment at this location; and FDOT in turn wishes to grant the City a perpetual easement to the City ROW to allow for the City's operation and maintenance of Drainage pipes on the City ROW. This Resolution authorizes the City Manager to sign and execute a Quit Claim Deed, in a form substantially similar to Exhibit "B", the City ROW described herein, as more particularly described in Exhibit "A" and to accept a Perpetual Easement from FDOT to said City ROW, and the City Manager is further authorized to execute any necessary documents, in a form acceptable to the City Attorney, in order to effectuate said conveyance and said Perpetual Easement. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Works 02/10/2023 11:32 AM Luis Hernandez -Torres Marie Gouin Nzeribe Ihekwaba Arthur Noriega V Valentin J Alvarez Elizabeth Hernandez Victoria Mendez Nicole Ewan Joseph Castro Mayor's Office City Clerk's Office City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Budget Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 02/10/2023 2:25 PM 02/10/2023 5:23 PM 02/13/2023 12:23 PM 02/13/2023 3:56 PM 02/14/2023 10:45 AM 02/14/2023 10:47 AM 02/22/2023 2:10 PM 03/09/2023 9:00 AM 03/23/2023 9:00 AM 03/30/2023 1:16 PM 03/30/2023 1:23 PM 03/30/2023 1:24 PM City of Miami Legislation Resolution Enactment Number: R-23-0147 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13365 Final Action Date:3/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29(B) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," CONVEYING A CITY OF MIAMI ("CITY") OWNED RIGHT OF WAY ON A PORTION OF NORTHWEST 16TH AVENUE BETWEEN NORTHWEST 22ND AND 23RD STREETS, MIAMI, FLORIDA ("PROPERTY") TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), FROM FDOT FOR THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. WHEREAS, the City of Miami ("City") is the owner of certain Right of Way lands along Northwest 16th Avenue, between 22nd and 23rd streets ("City ROW') over which are located railroad tracks connecting the South Florida Rail Corridor ("SFRC"), formerly known as the CSXT Rail Corridor, which City ROW is more particularly described in the City Deed, attached and incorporated as Exhibit "B" ("Property); and WHEREAS, the Florida Department of Transportation ("FDOT"), as successor owner of interests pertaining to the SFRC, owned rights over the City ROW by way of a 1926 permit/easement for the operation of said railroad tracks; and WHEREAS, the City desires to convey the City ROW to FDOT and FDOT wishes to accept the CITY ROW in order to maintain the SFRC alignment at this location; and WHEREAS, the conveyance of the City ROW to FDOT 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"); WHEREAS, FDOT in turn wishes to grant the City a perpetual easement, attached and incorporated as Exhibit "A," to the City ROW to allow for the City's operation and maintenance of Drainage pipes on the City ROW; 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 fully set forth in this Section. Section 2. Pursuant to Section 29(B)(c) of the City Charter, the City Manager is authorized' to execute a Quit Claim Deed, in substantially the form attached and incorporated as Exhibit "B," conveying the City ROW described herein to FDOT. Section 3. The City Manager is further authorized to accept a Perpetual Easement from FDOT, as more particularly described in Exhibit "A," attached and incorporated, to said City ROW for the City's operation and maintenance of Drainage pipes. Section 4. The City Manager is further authorized' to execute any necessary documents, in a form acceptable to the City Attorney, in order to effectuate said conveyance and said Perpetual Easement. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 2/22/2023 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 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.