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Home My WebLink AboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney S A 6- for DATE: November 23, 2022 RE: Resolution No. R-22-0432 — Accepting Easement - LMV II Wynwood Holdings, LP File No. 12895 At its November 17, 2022, meeting, the City Commission adopted the above -referenced agenda item, CA.3, accepting a Public Access Easement from the Grantor for non-exclusive public access through the Grantor's property and authorizing and directing the City Manager to negotiate and execute the Public Access Easement for said purpose. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/ALK/vj a Enclosure(s) G, City of Miami 7j = Resolution R-22-0432 Legislation File Number: 12895 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD HOLDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH THE GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29 STREET BETWEEN NORTHWEST 29 STREET AND NORTHWEST 28 STREET, MIAMI, FLORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "WYNWOOD PUBLIC BENEFITS PROGRAM"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC ACCESS EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, LMV II Wynwood Holdings, LP ("Grantor") has agreed to satisfy a portion of the Public Benefits Bonus through provisions of a Pedestrian Passage, a Civic Space(Type pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, -as amended ("Miami 21 Code"), specifically Article 4, Table 7, subsection g., incorporated into the project, in accordance with the Miami 21 Code, Appendix J, Section 3.4.b.3 for the p"ropert' located at 90 Northwest 29 Street ("Property"); and ">° WHEREAS, Section 3.4.b.3 of Appendix J of the Miami 21 Code provides that, "[flora Development project within the NRD-1 boundaries that donates a Civic Space or Civil Support Use on site to the City, an additional two (2) square feet of area for each square foot of donated Building Floor Area for use, up to the bonus Height described in Section 3.4(c), shall be allowed"; and WHEREAS, the Civic Space is restricted to pedestrian use and limited vehicular access, is approximately fifty feet (50') in width, connects Northwest 28 Street and Northwest 29 Street, and access is donated to the City of Miami ("City") and the public via this Public Access Easement; and WHEREAS, Grantor desires to grant to the City a public access easement for access in, over, upon, across, and through a portion of the Property connecting Northwest 28 Street and Northwest 29 Street, a draft of which is attached hereto as an Exhibit; 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. A Public Access Easement from the Grantor is accepted for non-exclusive public access through the Grantor's Property as described herein. City of Miami Page 1 of 2 File ID: 12895 (Revision: A) Printed On: 12/2/2022 File ID: 12895 Enactment Number: R-22.0432 Section 3. The City Manager is authorized' and directed to negotiate and execute a Public Access Easement, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 Jri4a'dez, iy ttor ey 11/23/2022 747 =; c r r w 1 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 2 of 2 File ID: 12895 (Revision: A) Printed on: 121212022 ��'��!&ARAt AAAtEA 3t`�1 It Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12895 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD HOLDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH THE GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29 STREET BETWEEN NORTHWEST 29 STREET AND NORTHWEST 28 STREET, MIAMI, FLORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "WYNWOOD PUBLIC BENEFITS PROGRAM"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC ACCESS EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, LMV II Wynwood Holdings, LP ("Grantor") has agreed to satisfy a portion of the Public Benefits Bonus through provisions of a Pedestrian Passage, a Civic Space Type pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), specifically Article 4, Table 7, subsection g., incorporated into the project, in accordance with the Miami 21 Code, Appendix J, Section 3.4.b.3 for the property located at 90 Northwest 29 Street ("Property"); and WHEREAS, Section 3.4.b.3 of Appendix J of the Miami 21 Code provides that, "[fjor a Development project within the NRD-1 boundaries that donates a Civic Space or Civil Support Use on site to the City, an additional two (2) square feet of area for each square foot of donated Building Floor Area for use, up to the bonus Height described in Section 3.4(c), shall be allowed"; and WHEREAS, the Civic Space is restricted to pedestrian use and limited vehicular access, is approximately fifty feet (50') in width, connects Northwest 28 Street and Northwest 29 Street, and access is donated to the City of Miami ("City") and the public via this Public Access Easement; and F WHEREAS, Grantor desires to grant to the City a public access easement for i�_ccesslin, 23 over, upon, across, and through a portion of the Property connecting Northwest 285-treet and Northwest 29 Street, a draft of which is attached hereto as an Exhibit; '11 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE QITY OFF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolliutionaaje , adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Public Access Easement from the Grantor is accepted for non-exclusive public access through the Grantor's Property as described herein. Section 3. The City Manager is authorized' and directed to negotiate and execute a Public Access Easement, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: -22 ' 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 of Miami Commission.