HomeMy WebLinkAboutR-15-0420Vop City of Miami
Legislation
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Resolution: R-15-0420
File Number: 15-01158
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2015
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 ALL ABOARD FLORIDA RAILROAD TERMINAL ENCROACHMENTS OVER
AND ACROSS THE CITY OF MIAMI 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 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 Miand Page 1 of 2 File Id. 15-01158 (Version: 1) Printed On: 3/23/2018
File Number: 15-01158
Enactment Number: R-15-0420
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}
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: 3/23/2018