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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #18642 Date: 12/12/2025 Commission Meeting Date: 02/26/2026 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 1 Type: Resolution Subject: Grant & Accept - Conveyance GMX Easements Purpose of Item: A Resolution of the Miami City Commission, with attachments, permitting encroachments, pursuant to Section 55-14(b) of the code of the City of Miami, Florida, 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 1-395 from Northwest 17 Avenue to Biscayne Bay; Authorizing the City Manager to negotiate the conveyance of 15 (Fifteen) easements to the Greater Miami Expressway Agency (GMX) for said encroachments and accept two easements from GMX, in the areas substantially depicted herein; authorizing the City Manager to take all actions necessary to effectuate the purpose of this resolution. Background of Item: 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. The State Road 836 portion of this corridor is under the Greater Miami Expressway Agency's (GMX) maintenance and operational jurisdiction. The proposed improvements include a heritage trail for pedestrians from Northwest 3rd Avenue to Biscayne Boulevard beneath 1-395 ("Heritage Trail"). 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. To complete the improvements, new bridge pier foundations are required to support the elevated SR 836 and 1-395. GMX 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".GMX is also proposing to convey two perpetual sidewalk easements to the City to ensure the continuity of pedestrian facilities around proposed bridge piers, as substantially depicted in Exhibit "B". 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. 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", will not unduly restrict use of the rights-of- way into which they encroach. GMX 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. The perpetual easements 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"). 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 Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office 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 12/12/2025 5:19 PM Luis Hernandez -Torres Marie Gouin Asael Marrero Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Patricia Arias George K. Wysong III Maricarmen Lopez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Deputy City Manager Review Completed City Manager Review Completed Legislative Division Review Completed ACA Review Completed Approved Form and Correctness Completed Meeting Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 12/15/2025 6:31 AM 12/16/2025 5:05 PM 12/23/2025 8:25 AM 12/23/2025 9:42 AM 12/23/2025 12:19 PM 12/24/2025 9:07 AM 12/24/2025 12:27 PM 12/29/2025 2:04 PM 01/08/2026 9:00 AM 02/26/2026 9:00 AM 03/02/2026 11:02 AM 03/02/2026 11:23 AM 03/02/2026 11:23 AM City of Miami Legislation Resolution Enactment Number: R-26-0093 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18642 Final Action Date:2/26/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PERMITTING ENCROACHMENTS, PURSUANT TO SECTION 55-14(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, IN CERTAIN CITY OF MIAMI ("CITY") RIGHTS -OF -WAY IN FURTHERANCE OF THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ("FDOT") IMPROVEMENTS TO STATE ROAD 836 ("SR 836") AND INTERSTATE 395 ("1-395") FROM NORTHWEST 17 AVENUE TO BISCAYNE BAY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE CONVEYANCE OF FIFTEEN (15) EASEMENTS TO THE GREATER MIAMI EXPRESSWAY AGENCY ("GMX") FOR SAID ENCROACHMENTS AND ACCEPT TWO (2) EASEMENTS FROM GMX, IN THE AREAS SUBSTANTIALLY DEPICTED HEREIN; 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 SR 836 portion of this corridor is under the Greater Miami Expressway Agency's (GMX) maintenance and operational jurisdiction; and WHEREAS, the proposed improvements include the Reverend Edward T. Graham 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, GMX 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, GMX is also proposing to convey two perpetual sidewalk easements to the City to ensure the continuity of pedestrian facilities around proposed bridge piers, as substantially depicted in Exhibit "B," attached and incorporated; 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", will not unduly restrict use of the rights -of -way into which they encroach; and WHEREAS, GMX 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 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. The City Manager is authorized' to execute fifteen (15) perpetual easements, in forms acceptable to the City Attorney, with GMX 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 3. The City Manager is further authorized' to accept two (2) perpetual sidewalk easement from GMX as substantially depicted in Exhibit "B," attached and incorporated. Section 4. The City Manager is authorized to take all actions to effectuate the intent of this resolution. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge = . Wyy ng IIQ, C ty ttor -y 12/29/2025 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.