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HomeMy WebLinkAboutR-23-0533City of Miami Resolution R-23-0533 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15063 Final Action Date: 12/14/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 13-0255, ADOPTED ON JUNE 27, 2013, RELATING TO ACCEPTANCE OF A WARRANTY DEED FOR THE CONVEYANCE OF A 3,100 SQUARE FOOT PARCEL OF LAND IDENTIFIED WITH FOLIO NUMBER 01- 4139-121-0015, MIAMI, FLORIDA ("PROPERTY") TO THE CITY OF MIAMI ("CITY") FROM BRICKELL FLATIRON, LLC, AND REQUIRING COSTS AND MAINTENANCE TO BE COVERED BY BRICKELL FLATIRON, LLC, IN ITS ENTIRETY; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A WARRANTY DEED FREE AND CLEAR OF ALL LIENS, THE CONVEYANCE OF THE PROPERTY TO THE CITY FROM BP DEVELOPMENT HOLDINGS LLC ("GRANTOR") AT NO COST TO THE CITY AND WITH GRANTOR COVERING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO APPRAISALS, SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE, AND ALL RELATED CLOSING COSTS; DIRECTING THE CITY MANAGER TO APPLY FOR A FUTURE LAND USE MAP ("FLUM") AMENDMENT AND REZONING AS MAY BE NECESSARY TO DESIGNATE THE PROPERTY TO "PARKS AND RECREATION" IN THE FLUM AND "CS" TRANSECT ZONE IN THE ZONING ATLAS UPON CONVEYANCE OF THE PROPERTY TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION AND TO ACCOMPLISH THE ACQUISITION OF THE PROPERTY. WHEREAS, the City of Miami ("City") adopted Resolution No. R-13-0255 on June 27, 2013, relating to acceptance of a warranty deed for the conveyance of a 3,100 square foot parcel of land located at 1001 South Miami Avenue, Miami, Florida ("Property") to the City from Brickell Flatiron, LLC ("R-13-0255"); and WHEREAS, BP DEVELOPMENT HOLDINGS LLC, a Delaware Limited Liability Company ("Owner" or "Grantor") currently owns the Property; and WHEREAS, in 2016, the then -owner of the Property requested from the City a park impact fee credit in the amount of $600,000.00 in exchange for conveyance of the Property and further requested that the maintenance obligation be removed; and WHEREAS, the City Commission finds that it is in the best interest of the City to rescind R-13-0255 in its entirety, authorize the City Manager to accept from Owner the conveyance of the Property via Warranty Deed free of all liens and at no cost to the City with the Owner paying for all costs associated with the conveyance, remove the requirement that the Owner improve City of Miami Page 1 of 2 File ID: 15063 (Revision:) Printed On: 1/3/2024 File ID: 15063 Enactment Number: R-23-0533 and maintain the Property, and direct the City Manager to rezone and redesignate the property consistent with park use; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. R-13-0255, adopted on June 27, 2013, is rescinded in its entirety. Section 3. The City Manager is authorized to accept the Property from the Grantor, pursuant to a Warranty Deed, the conveyance of a parcel of land to the City, that in total contains 3,100 square feet, located at 1001 South Miami Avenue, Miami, Florida. Section 4. Grantor will cover all costs associated with the transfer of the property, including but not limited to appraisals, a survey, an environmental report, title insurance and closing costs. Section 5. The City Manager is hereby directed to apply for a Future Land Use Map ("FLUM") amendment and rezoning as necessary to designate the property to "Parks and Recreation in the FLUM and "CS" transect zone on the Zoning Atlas, upon conveyance of the Property to the City. Section 6. The City Manager is authorized' to execute any and all necessary documents, in a form acceptable to the City Attorney, and to take any and all administrative actions necessary to effectuate this resolution and to accomplish the acquisition of the Property. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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: 15063 (Revision:) Printed on: 1/3/2024