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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13795 Date: 04/04/2023 Commission Meeting Date: 05/11/2023 Type: Resolution Subject: Easements - SR 836 & 1-395 Purpose of Item: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 1, District 5 A Resolution rescinding Resolution R-19-0332, and creating a new Resolution authorizing the City Manager to negotiate with FDOT the conveyance of various easements, and to execute an agreement 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, to accommodate the construction of the Interstate 395 (1-395) improvements. Background of Item: 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, and to complete the improvements, new bridge pier foundations are required to support the elevated SR 836 and 1-395. The City adopted Resolution R-19-0332 on September 12, 2019, which included perpetual easements for fourteen (14) underground encroachments, the transfer of jurisdiction of a portion of Northwest 1st Avenue and Northwest 13th Street and the transfer to the City of property abutting NE 13th Street from Biscayne Boulevard to NE 2nd Avenue, however, the location and number of perpetual easements required by FDOT for construction of improvements have been revised from fourteen (14) to eight (8). As a result, 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, and 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. There is a companion item for City and FDOT to enter into a Road Jurisdiction Transfer Agreement transferring jurisdiction to FDOT of segments of NE 11th Terrace and NE 13th Street, which will render unnecessary the previously proposed transfer to the City of property abutting NE 13th Street from Biscayne Boulevard to NE 2nd Avenue. 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 Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Works 04/19/2023 12:44 PM Carolina Aguila Luis Hernandez -Torres Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Valentin J Alvarez Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Skipped Budget Analyst Review Completed Budget Review Completed Deputy City Manager Review Completed Legislative Division Review Completed City Manager Review Completed ACA Review Skipped Approved Form and Correctness Completed Meeting Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 04/21/2023 1:38 PM 04/21/2023 3:34 PM 04/25/2023 9:20 AM 05/01/2023 10:29 AM 05/01/2023 10:42 AM 05/01/2023 8:58 PM 05/02/2023 7:50 PM 05/02/2023 7:59 PM 05/11/2023 9:00 AM 05/19/2023 3:33 PM 05/19/2023 3:54 PM 05/22/2023 10:59 AM City of Miami Legislation Resolution Enactment Number: R-23-0211 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13795 Final Action Date:5/11/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION R-19-0332, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION PERMITTING ENCROACHMENTS, PURSUANT TO SECTION 55-14(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") 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 INTERSTATE 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 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, the City adopted Resolution R-19-0332 on September 12, 2019, which included perpetual easements at fourteen (14) locations for underground encroachments, the transfer of jurisdiction of a portion of Northwest 1st Avenue and Northwest 13th Street; and the transfer to the City of property abutting Northeast 13th Street from Biscayne Boulevard to Northeast 2nd Avenue; and WHEREAS, the location and number of perpetual easements required by FDOT for construction of improvements have been revised from fourteen (14) to eight (8); and WHEREAS, the City and FDOT intend to enter into a separate Road Jurisdiction Transfer Agreement transferring jurisdiction to FDOT of segments of Northeast 11 th Terrace and Northeast 13th Street, which will render unnecessary the previously proposed transfer to the City of property abutting Northeast 13th Street from Biscayne Boulevard to Northeast 2nd Avenue; 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," attached and incorporated; and WHEREAS, 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," attached and incorporated, in exchange for FDOT right-of-way to allow for the roadway's realignment; 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," attached and incorporated, 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. Resolution No. R-19-0332 is hereby rescinded in its entirety. Section 3. Pursuant to Section 29-B of the City Charter, 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," attached and incorporated, 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 4. 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," attached and incorporated, and further 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. authorizing' the City Manager to make non -substantial modifications to the areas needed for such purposes. 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, City Attor ey 5/2/2023 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.