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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14137 Date: Commission Meeting Date: 07/13/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Federal Aviation Administration (FAA) - VORTAC Easement Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a grant of easement in a form acceptable to the City Attorney, between the City of Miami ("City") and the United States of America, acting by and through the Federal Aviation Administration ("FAA"), for an access easement of approximately 68,400 sq. ft. of space over, upon, through and across a portion of City - owned property, identified as parcel 2; further authorizing the City Manager to execute a restrictive aerial easement, identified as parcel 3, in, on, over, and across a portion of City owned parcel, with the right to prohibit all obstructions above ground surface and other obstacles, together with the right to trim, cut, fell, and remove trees, underbrush, obstructions and other vegetation, structures, or obstacles, on a portion of City -owned property, as more particularly described in Exhibit "A" together ("Easements"), attached hereto and made a part hereof; containing a reverter provision providing that if either Easement shall be abandoned or discontinued, the Easements shall cease and revert back to the City, further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said Easement, in a form acceptable to the city attorney, as may be necessary. Background of Item: The City of Miami ("City") is the owner of the property located at 3691 Rickenbacker Causeway ("Property") known as the Virginia Key Beach. Pursuant to Resolution R-23- 0146, adopted on March 3, 2023, the City Manager was authorized to execute and negotiate a Lease Agreement between the City and the United States of America, acting by and through the Federal Aviation Administration ("FAA") to operate a Very High Frequency Omni -Directional Radio Range with Tactical Air Command (VORTAC) device. The United States Of America, acting by and through the Federal Aviation Administration ("Faa") has also requested that the city grant an access easement and a restrictive aerial easement. City Charter Section 29-B(c) allows for the City to convey property to implement projects of any governmental agency or instrumentality. The City desires to execute a grant of easement to FAA for an access easement over, upon, through and across a portion of approximately 68,400 sq. ft. of space on city owned Property("Access Easement"), identified as Parcel 2, and a restrictive airspace easement extending 1000ft on city owned property ("Restrictive Aerial Easement"), identified as Parcel 3, combined ("Easements") in, on, over, and across with the right to prohibit all obstructions above ground surface and other obstacles, together with the right to trim, cut, fell, and remove trees, underbrush, obstructions and other vegetation, structures, or obstacles, on a portion of the Property, as more particularly described in Exhibit "A", attached hereto and made a part hereof, containing a reverter provision providing that if either easement shall be abandoned or discontinued, the easements shall cease and revert back to the city. The City Commission finds it in the best interest of the City to authorize the City Manager to negotiate and execute this Easements, and any other necessary documents, including amendments, modifications, all in forms acceptable to the City Attorney, in order to effectuate said Easements. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Real Estate and Asset Management Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Reviewed B 06/14/2023 11:23 AM Pedro Lacret Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Office of the City Clerk Office of the City Clerk Mayor's Office City Clerk's Office City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review Isiaa Jones Approved Form and Correctness Meeting Department Head Completed Completed Completed Completed Completed ACA Review Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 06/16/2023 10:55 AM 06/16/2023 11:42 AM 06/21/2023 4:16 PM 06/22/2023 8:38 AM 06/23/2023 9:52 AM Completed 06/30/2023 12:56 PM 07/13/2023 9:00 AM 07/19/2023 9:10 PM 07/19/2023 9:43 PM 07/19/2023 9:44 PM City of Miami Legislation Resolution Enactment Number: R-23-0302 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14137 Final Action Date:7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, PURSUANT TO CITY CHARTER SECTION 29- B(C), TO EXECUTE A GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE FEDERAL AVIATION ADMINISTRATION ("FAA"), FOR AN ACCESS EASEMENT OF APPROXIMATELY 68,400 SQ. FT. OF SPACE OVER, UPON, THROUGH AND ACROSS A PORTION OF CITY -OWNED PROPERTY, IDENTIFIED AS PARCEL 2; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE AERIAL EASEMENT, IDENTIFIED AS PARCEL 3, IN, ON, OVER, AND ACROSS A PORTION OF CITY OWNED PARCEL, WITH THE RIGHT TO PROHIBIT ALL OBSTRUCTIONS ABOVE GROUND SURFACE AND OTHER OBSTACLES, TOGETHER WITH THE RIGHT TO TRIM, CUT, FELL, AND REMOVE TREES, UNDERBRUSH, OBSTRUCTIONS AND OTHER VEGETATION, STRUCTURES, OR OBSTACLES, ON A PORTION OF CITY - OWNED PROPERTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (COLLECTIVELY, "EASEMENTS"), ATTACHED AND INCORPORATED; CONTAINING A REVERTER PROVISION PROVIDING THAT IF EITHER EASEMENT SHALL BE ABANDONED OR DISCONTINUED, THE EASEMENT SHALL CEASE AND REVERT BACK TO THE CITY, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY. WHEREAS, the City of Miami ("City") is the owner of the property located at 3691 Rickenbacker Causeway ("Property") known as the Virginia Key Beach; and WHEREAS, pursuant to Resolution R-23-0146, adopted on March 3, 2023, the City Manager was authorized to execute and negotiate a Lease Agreement between the City and the United States of America, acting by and through the Federal Aviation Administration ("FAA") to operate a Very High Frequency Omni -Directional Radio Range with Tactical Air Command ("VORTAC") device; and WHEREAS, the United States Of America, acting by and through the Federal Aviation Administration ("FAA") has also requested that the City grant an access easement and a restrictive aerial easement; and WHEREAS, City Charter Section 29-B(c) allows the City to grant such easement to implement projects of any governmental agency or instrumentality; and WHEREAS, the City desires to execute a grant of easement to FAA for an access easement over, upon, through and across a portion of approximately 68,400 square feet of space on city owned Property("Access Easement"), identified as Parcel 2, and a restrictive airspace easement extending 1000 feet on City -owned property ("Restrictive Aerial Easement"), identified as Parcel 3, (combined, "Easements") in, on, over, and across with the right to prohibit all obstructions above ground surface and other obstacles, together with the right to trim, cut, fell, and remove trees, underbrush, obstructions and other vegetation, structures, or obstacles, on a portion of the Property, as more particularly described in Exhibit "A," attached and incorporated, containing a reverter provision providing that if either Easement shall be abandoned or discontinued, the Easements shall cease and revert back to the city; and WHEREAS, the City Commission finds it in the best interest of the City to authorize the City Manager to negotiate and execute this Easements, and any other necessary documents, including amendments, modifications, all in forms acceptable to the City Attorney, in order to effectuate said Easements; 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. The City Manager is authorized' to negotiate and execute the Easements, in a form acceptable to the City Attorney, pursuant to City Charter Section 29-B(c), between the City and FAA for an access easement over, upon, through and across a portion of the Property, identified as Parcel 2, and a restrictive airspace easement, identified as Parcel 3, in, on, over, and across with the right to prohibit all obstructions above ground surface and other obstacles, together with the right to trim, cut, fell, and remove trees, underbrush, obstructions and other vegetation, structures, or obstacles, on a portion of the Property, as more particularly described in Exhibit "A," attached and incorporated, containing a reverter provision providing that if either easement shall be abandoned or discontinued, the Easements shall cease and revert back to the city. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 6/30/2023 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 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.