HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 06-00457 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LANDS
EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN SUBSTANTIALLY
THE ATTACHED FORM, WITH BISCAYNE BAY YACHT CLUB, A NON-PROFIT
CORPORATION ("GRANTEE"), TO PROVIDE FOR GRANTEE'S USE OF
APPROXIMATELY 3.085 ACRES OF CITY -OWNED SUBMERGED LAND
LOCATED WATERWARD OF 2540 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA
("GRANTEE'S PROPERTY"), FOR MARINA PURPOSES; PROVIDING FOR
PAYMENT BY GRANTEE IN THE AMOUNT OF $880,000, IN CONSIDERATION
FOR THE EASEMENT, WITH TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE EASEMENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GRANTEE
FOR THE CITY'S PURCHASE OF A 22 FOOT STRIP (APPROXIMATELY 6,014
SQUARE FEET) OF GRANTEE'S PROPERTY FRONTING ON SOUTH BAYSHORE
DRIVE FOR THE AMOUNT OF $396,760, WHICH AMOUNT SHALL BE PAID
FROM THE PROCEEDS OF SAID EASEMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN
CONNECTION WITH THE PURCHASE AND SALE AGREEMENT.
WHEREAS, Biscayne Bay Yacht Club ("Grantee") is the fee simple owner of uplands located at
approximately 2540 South Bayshore Drive, Miami, Florida ("Grantee's Property"); and
WHEREAS, the City of Miami ("City") is the fee simple owner of approximately 3.085 acres of
submerged land Tying waterward of Grantee's Property; and
WHEREAS, the Grantee would like to enter into a Submerged Lands Easement Agreement
("Easement Agreement") with the City for the use of the submerged lands for marina purposes; and
WHEREAS, the Grantee is the only possible user of the easement area; and
WHEREAS, the City would like to acquire a 22 foot strip of Grantee's Property along South
Bayshore Drive; and
WHEREAS, the purchase price and easement consideration was established as fair market value
based upon two independent appraisals; and
WHEREAS, the effectuation of the Easement Agreement and the Purchase and Sale Agreement
("Agreement") are conditioned upon receiving the Board of Trustees of the Internal Improvement Trust
Fund's approval of said Easement Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 Printed On: 3/21/2006
File Number: 06-00457
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 execute an Easement Agreement, in substantially
the attached form, with the Grantee, to provide for the Grantee's use of approximately 3.085 acres of
City -owned submerged land located waterward of the Grantee's Property, for marina purposes, with
payment by the Grantee in the amount of $880,000, provided for in consideration for the easement,
with terms and conditions as more particularly set forth in the Easement Agreement.
Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with the Grantee for the City's purchase of a 22 foot strip (approximately 6,014 square
feet) of the Grantee's Property fronting on South Bayshore Drive, in the amount of $396,760, which
amount shall be paid from proceeds of said easement, and to execute all necessary documents in
connection with the Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROV A TO FORM AND CORRE TNESe"
RGE L. FENAND i,/
CITY ATT. R EY Uit)
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.
City of Miami Page 2 of 2 Printed On: 3/21/2006