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HomeMy WebLinkAboutAgenda Item Summary Form111111 111111 11 11 7 i OR t9 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.