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HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami �•��`"�r, City Hall i 3500 Pan American Drive Resolution R-22-0432 Miami, FL 33133 www.miamigov.com Legislation File Number: 12895 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 12895 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 12895 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 SUBSTITUTED City of Miami (i inner .eats ` City Hall 3500 Pan American E �g Legislation Miami, FL 33133 Resolution www•miamigov.cor File Number: 12895 Final Actio ate A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( , ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD LDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH E GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29 STREET ETWEEN NORTHWEST 29 STREET AND NORTHWEST 28 STREET, MIAMI, F ORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF ORDINANCE NO. 114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS A ENDED, TITLED "WYNWOOD PUBLIC BENEFITS PROGRAM"; AUTHORIZING E CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC ACCESS EASE NT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURP SE. WHEREAS, LMV II Wynwood Holdings, LP ("Grantor") as agreed to satisfy a portion of the Public Benefits Bonus through provisions of a Pedestria assage, a Civic Space Type pursuant to Ordinance No. 13114, the Zoning Ordinance o the City of Miami, Florida, as amended ("Miami 21 Code"), specifically Article 4, Table, subsection g., incorporated into the project, in accordance with the Miami 21 Code, Appx J, Section 3.4.b.3 for the property located at 90 Northwest 29 Street ("Property"); and en I WHEREAS, Section 3.4.b.3 of Appendix of the Miami 21 Code provides that, "[flora Development project within the NRD-1 bound es that donates a Civic Space or Civil Support Use on site to the City, an additional two (2) quare feet of area for each square foot of donated Building Floor Area for use, up to the bonu Height described in Section 3.4(c), shall be allowed"; and WHEREAS, the Civic Space • restricted to pedestrian use and limited vehicular access, is approximately fifty feet (50') in w' th, connects Northwest 28 Street and Northwest 29 Street, and access is donated to the Cit of Miami ("City") and the public via this Public Access Easement; and F WHEREAS, Grant o desires to grant to the City a public access easement for, ccess�in, over, upon, across, and rough a portion of the Property connecting Northwest 28 :5-treet Northwest 29 Street, a raft of which is attached hereto as an Exhibit; ' I11 NOW, THE EFORE, BE IT RESOLVED BY THE COMMISSION OF THE QITY OFF MIAMI, FLORID . Secti 1. The recitals and findings contained in the Preamble to this Resoll'utionaaje adopted by eference and incorporated as if fully set forth in this Section. ection 2. A Public Access Easement from the Grantor is accepted for non-exclusive publi access through the Grantor's Property as described herein. SUBSTITUTED 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: ' TKe herein authorization is further subject to compliance with all requirements that may be imposed by e 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.