HomeMy WebLinkAboutR-24-0045City of Miami
Resolution R-24-0045
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13971 Final Action Date: 1/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN
BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY
KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE
BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA,
PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING
FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND;
AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY
TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND
AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Rosa 55 Morningside LLC ("Applicant") has applied for certain zoning
approvals to allow a mixed -use project ("Project') at 5445 Biscayne Boulevard and 5501
Biscayne Boulevard, Miami, Florida; and
WHEREAS, Northeast 55 Street runs in between 5445 Biscayne Boulevard and 5501
Biscayne Boulevard and separates the parcels; and
WHEREAS, Resolution R-91-667, adopted on September 11, 1991, directed the
permanent prohibition of vehicular access to certain streets in the Morningside neighborhood,
inclusive of Northeast 55 Street; and
WHEREAS, the Project design includes two (2) buildings with a total building area of
51,311 square feet and a pedestrian bridge over Northeast 55 Street; and
WHEREAS, the pedestrian bridge would span over a portion of Northeast 55 Street in
order to connect the two (2) buildings, as described in Exhibit "A," attached and incorporated;
and
WHEREAS, the area of the pedestrian bridge encroachment is approximately 1,000
square feet; and
WHEREAS, the Applicant has applied to the City of Miami ("City") to allow the proposed
pedestrian bridge to encroach over the Northeast 55 Street right-of-way pursuant to Section 55-
14 of the Code of the City of Miami, Florida, as amended ("City Code"); and
City of Miami Page 1 of 2 File ID: 13971 (Revision: B) Printed On: 2/7/2024
File ID: 13971 Enactment Number: R-24-0045
WHEREAS, the Department of Resilience and Public Works ("Department") has
reviewed the proposed plan and the proposed encroachment pursuant to the applicable criteria;
and
WHEREAS, pursuant Section 55-14(b) of the City Code, the Applicant has provided
appraisals prepared by Slack, Johnston & Magenheimer, Inc. to the properties on either side of
Northeast 55 Street; and
WHEREAS, the appraisal finds that the total land value of the adjacent land is
$4,750,000 and the value of the land per square foot of building area is $92.57; and
WHEREAS, the appraisal dated July 28, 2022 has been evaluated and accepted by the
Department of Real Estate and Asset Management;
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 Commission, after considering the criteria described in Section 55-
14 of the City Code, finds that the encroachment may be permitted.
Section 3. The City Commission further finds that the one-time fee to allow the
encroachment based on the value per square foot is $92,570.00 and shall be paid by the
Applicant to the City prior to obtaining a building permit for the proposed pedestrian bridge.
Section 5. Prior to issuance of a building permit, Applicant shall execute and record a
Covenant Running with the Land ("Covenant"), accepted by the City Commission pursuant to
Resolution No. R-24-0046, attached and incorporated as Exhibit "B," in accordance with Section
55-14(d) of the City Code, whereby it agrees to indemnify, defend, save, and hold harmless the
City from any claims, demands, or liabilities of any nature whatsoever arising out of the
construction and maintenance of said pedestrian overpass and signage, said Covenant to
conform with requirements of the City's Resilience and Public Works Department and to be in a
form acceptable to the City Attorney.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
43
ends ez City Attor
City of Miami
Page 2 of 2 File ID: 13971 (Revision: B) Printed on: 2/7/2024