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HomeMy WebLinkAboutLegislationFile Number: 15-01158 City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DT MIAMI, LLC FOR ALLABOARD FLORIDA RAILROAD TERMINAL ENCROACHMENTS OVER AND ACROSS THE CITY OF MIAMI RIGHT-OF-WAYS KNOWN AS NORTHWEST 5TH STREETAND NORTHWEST 6TH STREET BETWEEN NORTHWEST IST AVENUE AND THE METRORAIL CORRIDOR, MIAMI, FLORIDA, IN CONNECTION WITH DEVELOPMENT IN THE DOWNTOWN INTERMODAL CORRIDOR SUBZONE PURSUANT TO SECTION 33C-9 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; WAIVING CERTAIN USER FEES REQUIRED BY SECTION 55-14 OF THE CODE Of THE CITY OF MIAMI, FLORIDA, FOR THE RAILROAD SYSTEM COMPONENTS OF THE ENCROACHMENTS OVER THE PUBLIC RIGHT OF WAY; FURTHER, AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT, AS STATED HEREIN, WHEREAS, the City of Miami, Florida ("City"), is the fee owner of the municipal property, or holds rights akin to ownership by virtue of plat dedications as municipal public right -of -,ways known as Northwest 5th Street and Northwest 6th Street between Northwest 1 st Avenue and the Metrorail Corridor, Miami, Florida; and WHEREAS, DT Miami, LLC has requested formal permission from the City to construct and maintain All Aboard Florida terminal encroachments, including but not limited to, elevated platforms, fitted with trains and passenger waiting areas ("Encroachments"), over and across said public right-of-ways in order to provide continuity of the railroad line and connectivity between the structures Located on both sides of the said public right-of-ways; and WHEREAS, said Encroachments are a necessary element of an otherwise authorized development in the Downtown Intermodal Corridor Subzone pursuant to Section 33C-9 of the Code of Miami -Dade County, Florida, and identified in the plans approved by Miami -Dade County, Florida, entitled "All Aboard Florida -Miami Terminal Station Phase 1" dated January 16, 2015; and WHEREAS, the All Aboard Florida passenger railroad system is of regional importance that serves the tri -county (Miami -Dade, Broward, Palm Beach County) area; and WHEREAS, it is in the best interest of the City and serves a public purpose to convey the Aerial Easement to DT Miami, LLC in order to expand and promote business and job creation in the community, as well as serving the transportation purpose of a new railroad and providing a connecting corridor; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page I of 2 File Id: 15-01158 (Version: 1) Printed On: 9/15/2015 City of Miami �vW% A,: * Legislation Resolution File Number: 15-01158 City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DT MIAMI, LLC FOR ALLABOARD FLORIDA RAILROAD TERMINAL ENCROACHMENTS OVER AND ACROSS THE CITY OF MIAMI RIGHT-OF-WAYS KNOWN AS NORTHWEST 5TH STREETAND NORTHWEST 6TH STREET BETWEEN NORTHWEST IST AVENUE AND THE METRORAIL CORRIDOR, MIAMI, FLORIDA, IN CONNECTION WITH DEVELOPMENT IN THE DOWNTOWN INTERMODAL CORRIDOR SUBZONE PURSUANT TO SECTION 33C-9 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; WAIVING CERTAIN USER FEES REQUIRED BY SECTION 55-14 OF THE CODE Of THE CITY OF MIAMI, FLORIDA, FOR THE RAILROAD SYSTEM COMPONENTS OF THE ENCROACHMENTS OVER THE PUBLIC RIGHT OF WAY; FURTHER, AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT, AS STATED HEREIN, WHEREAS, the City of Miami, Florida ("City"), is the fee owner of the municipal property, or holds rights akin to ownership by virtue of plat dedications as municipal public right -of -,ways known as Northwest 5th Street and Northwest 6th Street between Northwest 1 st Avenue and the Metrorail Corridor, Miami, Florida; and WHEREAS, DT Miami, LLC has requested formal permission from the City to construct and maintain All Aboard Florida terminal encroachments, including but not limited to, elevated platforms, fitted with trains and passenger waiting areas ("Encroachments"), over and across said public right-of-ways in order to provide continuity of the railroad line and connectivity between the structures Located on both sides of the said public right-of-ways; and WHEREAS, said Encroachments are a necessary element of an otherwise authorized development in the Downtown Intermodal Corridor Subzone pursuant to Section 33C-9 of the Code of Miami -Dade County, Florida, and identified in the plans approved by Miami -Dade County, Florida, entitled "All Aboard Florida -Miami Terminal Station Phase 1" dated January 16, 2015; and WHEREAS, the All Aboard Florida passenger railroad system is of regional importance that serves the tri -county (Miami -Dade, Broward, Palm Beach County) area; and WHEREAS, it is in the best interest of the City and serves a public purpose to convey the Aerial Easement to DT Miami, LLC in order to expand and promote business and job creation in the community, as well as serving the transportation purpose of a new railroad and providing a connecting corridor; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page I of 2 File Id: 15-01158 (Version: 1) Printed On: 9/15/2015 File Number; 15-01158 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 {1 } to execute an Aerial Easement, in substantially the attached form, with DT Miami, LLC, for Encroachments over and across the City right-of-ways known as Northwest 5th Street and Northwest 6th Street between Northwest 1 st Avenue and the Metrorail Corridor, Miami, Florida, in connection with development in the Downtown Intermodal Corridor Subzone pursuant to Section 33C-9, Code of Miami -Dade County, Florida, Section 3. The user fees required by Section 55-14 of the Code of the City of Miami, Florida, as amended ("City Code"), for the railroad system components of the Encroachments over the public right of ways are hereby waived. Components of the Encroachments over the public right of ways not related to the railroad system shall be subject to the user fees identified in said City Code Section, Section 4. The City Manager is further authorized {1} to take all actions necessary to accomplish the granting of said Easement and to record the instrument of conveyance granted herein in the Public Records of Miami -Dade County, Florida. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS; VICTORIA MENDEZ CITY ATTORNEY Footnotes: {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 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 2 File Id: 15-01158 (Version: 1) Printed On; 9115/2015