HomeMy WebLinkAboutR-09-0532Vop City of Miami
'"* Legislation
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Resolution: R-09-0532
File Number: 09-01043
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S
CLUB ("CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23)
FOOT WIDE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, OF THE PROPERTY LOCATED
AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE
CONSTRUCTION OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC
ACCESS TO THE WATERFRONT; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, AND ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID
CONVEYANCE.
WHEREAS, the Miami Woman's Club ("Club") is the owner in fee simple of the land located at
1737 North Bayshore Drive, Miami, Florida, more particularly described in Exhibit "A", attached and
incorporated (the "Property"); and
WHEREAS, on January 28, 2008, the Miami Woman's Club requested a grant from the Board
of Commissioners of the Omni Redevelopment District Community Redevelopment Agency (the
"Omni CRA"), in the amount of $3,750,000, to underwrite costs associated with repairs and 40 -year
recertification of its building at the Property; and
WHEREAS, on February 25, 2008, the Board of Commissioners of the Omni CRA authorized
a grant, in an amount not to exceed $1,800,000, to the Miami Woman's Club, for repairs and
recertification and directed the Executive Director of the Omni CRA to include the remaining portion
requested in the next fiscal year's budget; and
WHEREAS, on April 27, 2009, the Omni CRA authorized a grant, in an amount not to exceed
$1,950,000, for a total amount not to exceed $3,750,000, to the Miami Woman's Club for the required
repairs in connection with the 40 -year recertification; and
WHEREAS, the Miami Woman's Club and the Omni CRA entered into a Grant Agreement
dated November 18, 2008, and as a condition of the Grant Agreement, the grantor is required to grant
the City of Miami ("City"), in perpetuity, an approximately twenty-three (23) foot wide pedestrian
easement running over the entire length of the Property; and
WHEREAS, the grantor granted, to the City, its successors and assigns, a perpetual
easement for any appropriate public proposes, including but not limited to, pedestrian ingress, egress
and access over and across the Baywalk Easement Area; and
City of Miand Page 1 of 2 File Id: 09-01043 (Version: 2) Printed On: 7/11/2017
File Number: 09-01043
EnactmentNnmber: R-09-0532
WHEREAS, the City has the right, but not the obligation, to design, construct a baywalk,
landscaping and related improvements within the Baywalk Easement Area; and
WHEREAS, the City has the right to remove any improvements currently located within the
Baywalk Easement Area, including, but not limited to the existing fence; and
WHEREAS, the Omni CRA may fund the construction of the baywalk granted in this
easement; and
WHEREAS, upon completion of construction of the improvements by the City, the completed
improvements shall be perpetually maintained by the Club in good, clean and first-class condition;
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{1} to accept from the Miami Woman's Club, in
perpetuity, an approximately twenty-three (23) foot wide baywalk easement, as more particularly
described in Exhibit "A", attached and incorporated, of the Property, for the construction of the
baywalk to be used as a permanent public access to the waterfront.
Section 3. The City Manager is further authorized{1} to execute the Grant of Easement, in
substantially the attached form, and all documents which are necessary to effectuate said
conveyance.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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