HomeMy WebLinkAboutR-20-0248City of Miami
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Legislation
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Resolution: R-20-0248
File Number: 7713
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PERPETUAL SIDEWALK EASEMENT ("PERPETUAL
EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FROM 2201 N.
MIAMI AVE OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR
THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF
SIDEWALK CONSTRUCTED ALONG THE TWENTY—FIVE (25) FOOT CORNER
RADIUS AT THE INTERSECTION OF NORTHEAST 23RD STREET AND
NORTH MIAMI AVENUE AND THE SOUTH TEN (10) FEET OF THE
PROPERTY ALONG NORTHEAST 22ND STREET TOGETHER WITH THE 25
FOOT CORNER RADIUS AT THE INTERSECTION OF NORTHEAST 22ND
STREET AND NORTH MIAMI AVENUE, MIAMI, FLORIDA; FURTHER
DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL OTHER NECESSARY DOCUMENTS RELATED TO THE PERPETUAL
EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; FURTHER DIRECTING THE CITY MANAGER TO RECORD
SAID PERPETUAL EASEMENT IN THE PUBLIC RECORDS OF MIAMI—DADE
COUNTY, FLORIDA.
WHEREAS, 2201 N. Miami Ave Owner, LLC, a Delaware limited liability company
("Grantor'), is the owner of the fee simple title in and to the property located approximately at
2201 — 2245 North Miami Avenue, Miami, Florida, as described in Exhibit "A" of the Perpetual
Easement described herein, attached and incorporated ("Property"); and
WHEREAS, Section 54-58 of the Code of the City of Miami, Florida, as amended,
requires a right of way to be dedicated in order to mitigate the burden placed by the proposed
development; and
WHEREAS, the land required to be dedicated has been found to be contaminated; and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalk located on the Property and the Grantor offered to grant a perpetual
easement to the City for public ingress and egress purposes ("Perpetual Easement") over a
portion of the Property as more particularly described in Exhibit "B" of the Perpetual Easement;
and
WHEREAS, the Grantor will construct, maintain, and assume liability responsibility for
the portion of the sidewalk located on the Property; and
WHEREAS, the purpose of the Perpetual Easement is to ensure that the general public
will have ingress and egress access to the portion of sidewalk located in the easement area;
and
City of Miami Page 1 of 2 File ID: 7713 (Revision:) Printed On: 912112020
File ID: 7713
Enactment Number: R-20-0248
WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement,
attached hereto 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 Easement, in
substantially the attached form, from the Grantor.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, all in forms 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.
APPROVED AS TO FORM AND CORRECTNESS:
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' 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.
City of Miami Page 2 of 2 File ID: 7713 (Revision:) Printed on: 912112020