HomeMy WebLinkAboutR-17-0243opCity of Miami
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Legislation
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Resolution R-17-0243
File Number: 2208
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/25/2017
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 RIGHTS-OF-WAY KNOWN AS
NORTHWEST 3RD STREET BETWEEN NORTHWEST 1ST AVENUE AND
MIAMI-DADE COUNTY METRORAIL NORTH CORRIDOR RIGHT-OF-WAY,
MIAMI-DADE COUNTY, FLORIDA; WAIVING CERTAIN USER FEES REQUIRED
BY SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR THE RAILROAD SYSTEM COMPONENTS OF THE
ENCROACHMENTS OVER THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE
CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE
GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE
RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
WHEREAS, the City of Miami ("City") has certain legal rights, custodial responsibility,
and interest in the City Right -of -Way known as Northwest 3rd Street between Northwest 1 sl
Avenue and Miami -Dade County Metro Rail North Corridor Right -of -Way ("Rights -of -Way") as
noted on the Plat of Flagler Grand Central Station as recorded in Plat Book 170/Page No. 41 of
the Public Records of Miami -Dade County, Florida which includes the property legally
described and depicted in Exhibit "A," attached hereto and by this reference incorporated herein
("Burdened Property"); and
WHEREAS, DT Miami, LLC ("DT Miami") is the owner of a fee simple title to that certain
real property in Miami -Dade County, Florida, as legally described in Exhibit "B," attached hereto
and by this reference incorporated herein ("Adjacent Parcels"), to which this Easement shall be
appurtenant, as may be amended by the City and DT Miami upon completion of the
construction of an elevated pedestrian bridge over the Burdened Property for public use, to
connect various modes of transportation ("Improvements") to reference only that portion of the
Adjacent Parcels immediately adjacent to the Burdened Property; and
WHEREAS, DT Miami has received approval from Miami -Dade County and the City to
build a railroad terminal project that includes a terminal of the All Aboard Florida ("AAF")
passenger rail system, office, retail and residential development, known as Miami Central
("Project"), pursuant to Miami -Dade County Resolution No. Z-13-14 ("MDC Resolution"), and in
compliance with all applicable provisions of Chapter 33(c) of the Miami -Dade County Code of
Ordinances, as amended ("County Code"); and
WHEREAS, AAF has received site plan approval from Miami -Dade County and the City
to build the Project through Miami -Dade County Administrative Site Plan No. 14-012 ("Site
Plan"); and
City of Miami Page 1 of 3 File ID: 2208 (Revision:) Printed On: 9/26/2017
File ID: 2208 Enactment Number: R-17-0243
WHEREAS, the Site Plan and the MDC Resolution require the Improvements, all as
depicted in the plans provided to the City, as may be amended from time to time in accordance
with the approved Site Plan; and
WHEREAS, the City desires to grant DT Miami an Easement for the Burdened Property
pursuant to Section 55-14(g) of the Code of the City of Miami, Florida, as amended ("City
Code"), for the purposes of, among other things as set forth herein, constructing, maintaining
and accessing the Improvements, to allow safe and reasonable aerial access between the AAF
station and connecting Adjacent Parcels to the AAF station, to the Miami -Dade Governmental
Center Metrorail Station, pursuant to the Site Plan and the MDC Resolution; and
WHEREAS, DT Miami's proposed use will not impair the full use of the Rights -of -Way
for vehicular or pedestrian traffic, or impede the free flow of traffic on the Rights -of -Way; and
WHEREAS, as consideration for receiving access and use rights through the Easement,
DT Miami hereby agrees to maintain and repair any Improvements, indemnify, hold harmless,
and defend the City, and maintain insurance, as further set forth and agreed to below;
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 an Easement, in substantially the
attached form, with DT MIAMI for AAF railroad terminal encroachments over and across the
City's Rights -of -Way, in connection with development in the Downtown Intermodal Corridor
Subzone pursuant to Chapter 33(c) of the County Code.
Section 3. The user fees required by Section 55-14 of the City Code for the railroad
system components of the encroachments over the public Rights -of -Ways are hereby waived, it
being shown on the record that DT Miami owns both sides of the Right-of-way and the
Easement is needed for transportation projects that are of regional importance and serve a
public purpose as affirmatively determined by the City Commission by passage of this
Resolution, but the components of the encroachments over the public Rights -of -Way not related
to the railroad system shall be subject to the user fees identified in the City Code.
Section 4. The City Manager is further authorized' to take all actions necessary to
accomplish the granting of the Easement.
Section 5. The City Commission approves and authorizes' the recordation of said
Easement in the Public Records of Miami -Dade County, Florida.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
'. 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 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: 2208 (Revision:) Printed on: 9/26/2017
File ID: 2208
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 5/16/2017
Enactment Number: R-17-0243
City of Miami Page 3 of 3 File ID: 2208 (Revision:) Printed on: 9/26/2017