HomeMy WebLinkAboutR-26-0093City of Miami
Resolution R-26-0093
Legislation
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,
City of Miami Page 1 of 3 File ID: 18642 (Revision:) Printed On: 3/6/2026
File ID: 18642 Enactment Number: R-26-0093
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
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.
City of Miami Page 2 of 3 File ID: 18642 (Revision:) Printed on: 3/6/2026
File ID: 18642 Enactment Number: R-26-0093
APPROVED AS TO FORM AND CORRECTNESS:
g Wy j ng III, C y ttor y 12/29/2025
City of Miami Page 3 of 3 File ID: 18642 (Revision:) Printed on: 3/6/2026