HomeMy WebLinkAboutR-23-0040City of Miami
Resolution R-23-0040
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Legislation
File Number: 13099
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
GRANT OF EASEMENT ("EASEMENT"), FOR THE BENEFIT OF THE CITY OF
MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM
CH RIVERSIDE LLC, A DELAWARE LIMITED LIABILITY COMPANY
("GRANTOR"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A
PORTION OF THE GRANTOR -OWNED PROPERTY IDENTIFIED AS 300
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-
0035 ("PROPERTY"), CONSISTING OF APPROXIMATELY FOUR HUNDRED
THREE (403) SQUARE FEET AND A VERTICAL CLEARANCE OF
APPROXIMATELY TWENTY FIVE (25) FEET, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY
FOR THE PURPOSE OF THE OPERATION AND MAINTENANCE OF
EXISTING STORMWATER UTILITY FACILITIES LOCATED WITHIN THE
EASEMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND
REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA
LOCATED AT THE PROPERTY.
WHEREAS, CH Riverside LLC a Delaware Limited Liability Company ("Grantor'), is the
owner of property located at 300 Southwest 2nd Avenue, Miami, Florida ("Property"); and
WHEREAS, the City of Miami a municipal corporation of the State of Florida ("City"), has
requested the grant of an easement over approximately four hundred three (403) square foot of
the Property and a vertical clearance of approximately twenty five (25) feet, as more particularly
described in Exhibit "A", attached and incorporated ("Easement"); and
WHEREAS, the Easement will be used solely for the purpose of the operation and
maintenance of existing stormwater utility facilities with the right to reconstruct, improve, and
remove all or any of the facilities within the Easement;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute the
Easement, for the benefit of the City, in a form acceptable to the City Attorney, from Grantor for
' 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 1 of 2 File ID: 13099 (Revision:) Printed On: 2/2/2023
File ID: 13099
Enactment Number: R-23-0040
a perpetual non-exclusive easement on a portion of the Property, consisting of approximately
four hundred three (403) square foot and a vertical clearance of approximately twenty five (25)
feet, as more particularly described in Exhibit "A", attached and incorporated, solely for the
purpose of the operation and maintenance of existing stormwater utility facilities located within
the Easement with the right to reconstruct, improve, and remove all or any of the facilities within
the Easement area located at the Property.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
Una ndez, City Awor iey 1/13/2023
City of Miami Page 2 of 2 File ID: 13099 (Revision:) Printed on: 2/2/2023