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HomeMy WebLinkAboutR-20-0116City of Miami q Legislation Resolution: R-20-0116 File Number: 7296 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM RIVER LANDING DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHWEST NORTH RIVER DRIVE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS RELATED TO THE PERPETUAL SIDEWALK EASEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, River Landing Development, LLC, a Florida limited liability company ("Grantor'), is the owner of the real property ("Property") described in Exhibit "A" to the perpetual sidewalk easement attached and incorporated herein ("Perpetual Sidewalk Easement"); and WHEREAS, the City of Miami ("City") desires to ensure public ingress and egress access to the sidewalk located on the private property by accepting from the Grantor the Perpetual Sidewalk Easement for public ingress and egress purposes over a portion of the Property which is more particularly described in Exhibit "B" to the Perpetual Sidewalk Easement; and WHEREAS, the Grantor will construct, maintain, and assume liability and responsibility for the portion of the sidewalk subject to the Perpetual Sidewalk Easement located on the Property; and WHEREAS, the City agrees with the terms and conditions in the Perpetual Sidewalk Easement, attached and incorporated herein; 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 accept the Perpetual Sidewalk Easement, in substantially the attached form, from the Grantor for the purpose of public pedestrian access to portions of sidewalk constructed on the Property. 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. City of Miami Page 1 of 2 File ID: 7296 (Revision:) Printed On: 5/4/2020 File ID: 7296 Enactment Number: R-20-0116 Section 3. The City Manager is further authorized' to negotiate and execute any and all other necessary documents related to the Perpetual Sidewalk Easement, all in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized' to record said instrument 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: 1 i ria i "ndez, i Attor ey 4/14/2020 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: 7296 (Revision:) Printed on: 5/4/2020