HomeMy WebLinkAboutR-20-0408City of Miami
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Legislation
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Resolution: R-20-0408
File Number: 8275
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EMERGENCY ACCESS EASEMENT
("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
HARVEY SEEDS POST NO. 29 AMERICAN LEGION, A FLORIDA NOT FOR
PROFIT CORPORATION ("AMERICAN LEGION"), FOR A NON—EXCLUSIVE
EASEMENT OF APPROXIMATELY FIVE THOUSAND ONE HUNDRED
SEVENTY (5,170) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED
PROPERTY KNOWN AS LEGION MEMORIAL PARK, IDENTIFIED AS A
PORTION OF FOLIO NUMBER 01-3218-000-0030, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR EGRESS OF
PERSONS, SOLELY IN THE EVENT OF AN EMERGENCY, TO COMPLY WITH
THE NATIONAL FIRE PROTECTION ASSOCIATION, LIFE SAFETY CODE,
AND FLORIDA FIRE PREVENTION CODE ("FIRE CODES"), IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE EASEMENT; FURTHER
PROVIDING THAT SAID EASEMENT MAY BE RELEASED, RELOCATED, OR
AMENDED BY THE CITY, AT AMERICAN LEGION'S SOLE EXPENSE,
PROVIDED THAT THE EASEMENT IS NO LONGER NEEDED AS
DETERMINED BY THE CITY PURSUANT TO THE FIRE CODES; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS
AND MODIFICATIONS TO THE EASEMENT, ALL IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID
EASEMENT.
WHEREAS, the City of Miami ("City) is the fee simple owner of the real property located
at 6447 Northeast 7th Avenue, Miami, Florida, also known as Legion Memorial Park ("Park");
and
WHEREAS, Harvey Seeds Post No. 29 American Legion, a Florida not for profit
corporation ("American Legion"), requested a non-exclusive emergency access easement
("Easement") on a certain portion of the Park, as more particularly described in Exhibit "A" of the
Easement, for egress of persons, solely in the event of an emergency, to comply with the
National Fire Protection Association, Life Safety Code, and Florida Fire Prevention Code
(collectively, "Fire Codes") as required by City's Department of Fire -Rescue; and
WHEREAS, the Easement may be released, relocated, or amended by the City, at
American Legion's sole expense, provided that the Easement is no longer needed as
determined by the City pursuant to the Fire Codes;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 8275 (Revision:) Printed On: 1213012020
File ID: 8275 Enactment Number: R-20-0408
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute the Easement, in a
form acceptable to the City Attorney, to the American Legion for a non-exclusive easement of
approximately five thousand one hundred seventy (5,170) square feet of the Park, identified as
a portion of Folio Number 01-3218-000-0030, as more particularly described in Exhibit "A" of the
Easement, for egress of persons, solely in the event of an emergency, to comply with the Fire
Codes in accordance with the terms and conditions of the Easement.
Section 3. The Easement may be released, relocated, or amended by City, at American
Legion's sole expense, provided that the Easement is no longer needed as determined by the
City pursuant to the Fire Codes.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments and modifications to the Easement, all in
forms acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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Un ndez, ity ttor ey 12/11/2020
' 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: 8275 (Revision:) Printed on: 1213012020