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HomeMy WebLinkAboutR-23-0457City of Miami Resolution R-23-0457 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14735 Final Action Date: 10/12/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM PRH N MIAMI LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHEAST 22ND STREET, MIAMI, FLORIDA. WHEREAS, PRH N MIAMI LLC, a Florida Limited Liability Company ("Grantor"), is the owner of the fee simple title in and to the property described in Exhibit "B" of the Perpetual Sidewalk Easement, attached and incorporated ("Property"); and WHEREAS, the City of Miami ("City") desires to assure public ingress and egress access to the sidewalk located on the private property and the Owner of the Property offered to grant a perpetual easement to the City for public ingress and egress purposes over a portion of the Property, more particularly described in Exhibit "A" to the Perpetual Easement, attached and incorporated ("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 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 Sidewalk Easement, in substantially the attached form, from the Grantor. Section 3. The City Manager is further authorized1 to negotiate and execute any and all other documents necessary related to the Perpetual Easement, all in a form acceptable to the City Attorney. 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 1 of 2 File ID: 14735 (Revision:) Printed On: 10/24/2023 File ID: 14735 Enactment Number: R-23-0457 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: ez, ity ttor ey 10/2/2023 City of Miami Page 2 of 2 File ID: 14735 (Revision:) Printed on: 10/24/2023