HomeMy WebLinkAboutR-23-0302City of Miami
Resolution R-23-0302
Legislation
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
City of Miami Page 1 of 2 File ID: 14137 (Revision:) Printed On: 7/8/2025
File ID: 14137 Enactment Number: R-23-0302
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:
4ndez, ity (tor
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.
City of Miami Page 2 of 2 File ID: 14137 (Revision:) Printed on: 7/8/2025