HomeMy WebLinkAboutR-18-0259City of Miami
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Legislation
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Resolution: R-18-0259
File Number: 4197
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/28/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A PERPETUAL AERIAL
EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
FLORIDA EAST COAST RAILWAY, L.L.C., A FLORIDA LIMITED LIABILITY
COMPANY ("FEC"), FOR THE CONSTRUCTION, INSTALLATION, INSPECTION,
MAINTENANCE, AND USE OF AN ELEVATED PEDESTRIAN BRIDGE FOR
NORTHWEST 17 STREET, MIAMI, FLORIDA, ABOVE A PORTION OF THE
EXISTING RAILWAY CORRIDOR OWNED BY FEC.
WHEREAS, currently pedestrians and vehicular access across the Florida East Coast
Railway, L.L.C., a Florida Limited Liability Company ("FEC"), railroad is limited to locations
where road crossings exist; and
WHEREAS, the City of Miami ("City") Dorsey Park is located on the west side of the
railroad at Northwest 17th Street; and
WHEREAS, residents living east of the rail line are required to walk/ride/drive several
City blocks to the north or south to access the park; and
WHEREAS, the City desires to construct, install, inspect, maintain, and use an elevated
pedestrian bridge for Northwest 17th Street ("Bridge") above a portion of the existing railway
corridor owned by the FEC, located in Miami -Dade County ("MDC'), Florida, and more
particularly described in Exhibit "A," attached hereto and made a part hereof ("Corridor
Property"); and
WHEREAS, the City desires that it be granted an aerial easement over a portion of the
Corridor Property, which shall cross the railroad tracks of the Corridor Parcel, above grade,
within an aerial space which shall consist of fifteen (15) linear feet in length, along the
southeasterly line of the Corridor Property, fifteen (15) linear feet in length, along the
northwesterly line of the Corridor Property, encompassing a total area of no more than 927.15
square feet of a portion of the Corridor Property ("Aerial Easement Property"), which shall be
determined from within the overall aerial easement property, more particularly described in
Exhibit "B," attached hereto and made a part hereof ("Overall Aerial Easement Property"); and
WHEREAS, upon the terms and conditions of this Perpetual Aerial Easement
Agreement ("Agreement"), attached and incorporated, FEC will grant, bargain, sell, and convey
to the City, its successors, and assigns, a nonexclusive, perpetual aerial easement within the
Aerial Easement Property for the sole purpose of constructing, installing, maintaining, replacing,
and using the Bridge elevated over a portion of the Corridor Property within the Aerial Easement
Property, as a pedestrian walkway for the use of the general public ("Aerial Easement"),
expressly subject to the terms and conditions of the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 4197 (Revision:) Printed On: 10/25/2018
File ID: 4197
Enactment Number: R-18-0259
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 the Agreement, in substantially
the attached form, with the FEC for the construction, installation, inspection, maintenance, and
use of an elevated pedestrian Bridge for Northwest 17 Street, Miami, Florida, above a portion of
the existing railway corridor owned by the FEC.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
City Attor&ina4i-ndez, ey 6/13/2018
' 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 2 File ID: 4197 (Revision:) Printed on: 10/25/2018