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HomeMy WebLinkAboutAgenda Item Summary Form�w Ili OF AGENDA ITEM SUMMARY FORM *"`oeR,9Q File ID: #7296 Date: 03/17/2020 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 04/23/2020 Sponsored By: District Impacted: District 1 Type: Resolution Subject: Accept Perpetual Sidewalk Easement - River Landing Development Purpose of Item: A resolution of the Miami City Commission, with attachment(s) and authorizing the City Manager to accept a Perpetual Sidewalk Easement from River Landing Development, LLC for public pedestrian access to portions of sidewalk constructed on NW North River Drive. Background of Item: The Grantee ("City of Miami") shall have the right of usage and enjoyment of the easement area for public pedestrian ingress and egress purposed. The Grantor ("River Landing Development, LLC") shall construct and maintain a sidewalk within the easement area and clear all trees, undergrowth and other obstructions that may interfere with the normal ingress and egress upon the easement area by the Grantee, and out of and away from the public right-of-way. Grantor, its successors and assigns, agree not to build, construct or create nor permit others on the herein granted easement area that may interfere wit the normal ingress and egress purpose. Grantor further grants the Grantee the reasonable right to enter upon the easement area for exercising the rights herein granted. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Resilience and Public Works Review Completed 03/23/2020 2:32 PM Department of Risk Management Ann -Marie Sharpe Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Daniel Goldberg Office of the City Attorney Barnaby L. Min Alan M. Dodd Department Head Risk Review Completed 03/23/2020 2:43 PM Budget Analyst Review Completed 04/07/2020 10:54 AM Budget Review Completed 04/13/2020 12:55 PM Assistant City Manager Review Completed 04/13/2020 1:13 PM Legislative Division Review Completed 04/13/2020 2:05 PM City Manager Review Completed 04/13/2020 5:21 PM ACA Review Completed 04/14/2020 11:49 AM Deputy City Attorney Review Completed 04/14/2020 11:58 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 04/14/2020 5:55 PM City Commission Nicole Ewan Meeting Completed 04/23/2020 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 04/30/2020 4:41 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 04/30/2020 4:44 PM Office of the City Clerk City Clerk's Office Rendered Completed 04/30/2020 4:45 PM 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. -,IV ov . City of Miami City Hall IIS iit A4to �. � „1,l ,a Legislation 3500 Pan American Drive r Miami, FL 33133 �—R � _- Resolution www.miamigov.com Enactment Number: R-20-0116 File Number: 7296 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. 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 Una ndez, City At#or iey 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.