HomeMy WebLinkAboutAgenda Item Summary Form111111 111111
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Date: 09/22/2023
AGENDA ITEM SUMMARY FORM
File ID: #14735
Commission Meeting Date: 10/12/2023
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Accepting Perpetual Sidewalk Easement - North Miami Avenue
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s) and authorizing the City
Manager to accept a Perpetual Sidewalk Easement from PRH N MIAMI LLC, a Florida
Limited Liability Company for public pedestrian access to portions of sidewalk
constructed on NE 22nd Street, adjacent to the property.
Background of Item:
The Grantee ("City of Miami") shall have the right of usage and enjoyment of the
easement area for public pedestrian ingress and egress purposed. The Grantor ("PRH
N MIAMI LLC") shall construct and maintain a sidewalk within the easement area and
clear all trees, undergrowth and other obstructions that may interfere with the normal
ingress and egress upon the easement area by the Grantee, and out of and away from
the public right-of-way. Grantor, its successors and assigns, agree not to build,
construct or create nor permit others on the herein granted easement area that may
interfere wit the normal ingress and egress purpose. Grantor further grants the Grantee
the reasonable right to enter upon the easement area for exercising the rights herein
granted.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
Department of Resilience and Public Works
Review Completed 09/25/2023 2:27 PM
Office of Management and Budget Luis Hernandez -Torres
Office of Management and Budget Marie Gouin
Department of Risk Management Ann -Marie Sharpe
City Manager's Office Nzeribe Ihekwaba
Legislative Division Valentin J Alvarez
City Manager's Office Arthur Noriega V
Office of the City Attorney Elizabeth Hernandez
Office of the City Attorney Victoria Mendez
Juvenal Santana
Budget Analyst Review
Budget Review
Risk Review
Deputy City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Approved Form and Correctness
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
09/26/2023 8:07 AM
09/26/2023 3:42 PM
09/28/2023 11:48 AM
09/28/2023 4:59 PM
10/02/2023 9:19 AM
10/02/2023 1:43 PM
10/02/2023 4:37 PM
10/02/2023 6:10 PM
City Commission Maricarmen Lopez Meeting Completed 10/12/2023 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 10/17/2023 4:50 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0457
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.
Section 4. The City Manager is further authorized1 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:
ey ) 10/2/2023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.