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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01873 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF EASEMENT
IN ORIGINAL AGREEMENT AND GRANT OF NEW EASEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN TRG-OMP, LTD., A
FLORIDA LIMITED PARTNERSHIP ("ONE MIAMI"), AND THE CITY OF MIAMI
("CITY"), PROVIDING FOR THE RELEASE OF CERTAIN EASEMENTS,
CONTAINED WITHIN A CERTAIN AGREEMENT BETWEEN MIAMI CENTER
JOINT VENTURE, A FLORIDA JOINT VENTURE (AS PREDECESSOR -IN -
INTEREST TO ONE MIAMI) AND THE CITY, DATED SEPTEMBER 30, 1988, AND
RECORDED OCTOBER 23, 1990, IN OFFICIAL RECORD BOOK 14754, PAGE
261, WHICH INSTRUMENT CONTAINS EASEMENTS BETWEEN MIAMI CITY
JOINT VENTURE AND THE CITY DATED JANUARY 21, 1983, AND MODIFYING
THE EXISTING EASEMENT AREA TO INCLUDE THE ENTIRE RIVERWALK TO
SATISFY THE REQUIREMENTS AS SET FORTH IN PARAGRAPH 5 OF THE
AGREEMENT BETWEEN THE CITY AND ONE MIAMI FOR CONSTRUCTION AND
MAINTENANCE OF A RIVERWALK, DATED JULY 23, 2003, ALSO GRANTING
THE CITY A PERPETUAL NON-EXCLUSIVE EASEMENT, AS LEGALLY
DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, FOR USE AS A
RIVERWALK FOR PUBLIC PURPOSES, WHICH WILL REMAIN PERPETUALLY
ACCESSIBLE TO THE GENERAL PUBLIC, CONVEYING FULL INGRESS AND
EGRESS TO THE RIVERWALK.
WHEREAS, TRG-OMP, Ltd., a Florida Limited Partnership ("One Miami") is the owner of certain
property in the City of Miami ("City"), as legally described in "Exhibit A," attached and incorporated;
and
WHEREAS, the City and Miami Center Joint Venture, a Florida Joint Venture (as predecessor -in
interest to One Miami), are parties to that certain Agreement dated September 30, 1988 ("Original
Agreement"), which instrument contains a Grant of Easement dated January 21, 1983, recorded
October 23, 1990, in Official Records Book 14754, Page 266, of the Public Records of Miami -Dade
County, Florida; and
WHEREAS, the City National Bank of Florida, a national banking association organized under the
laws of the United States, as Trustee under Land Trust 2401-1149-00 ("One Miami"), together with the
City, are parties to an Agreement dated July 23, 2003, for the construction and maintenance of a
Riverwalk ("Agreement"); and
WHEREAS, One Miami together with the City, forever fully release, terminate, cancel and
discharge those certain easements and all other rights of and with respect to and contained within the
Original Agreement; and
WHEREAS, One Miami grants, gives and conveys to the City, a perpetual non-exclusive
City of Miami Page 1 of 2 Printed On: 10/19/2006
File Number: 06-01873
easement, to use the Riverwalk Easement area as legally described in "Exhibit B," attached and
incorporated, for appropriate public purposes over and across the surface of the described land; and
WHEREAS, One Miami grants, gives and conveys to the general public, full ingress and egress to
the Riverwalk which remains perpetually accessible to the general public; and
WHEREAS, it is understood and agreed between the parties that One Miami will design and
construct a pedestrian walkway on the property and shall perpetually maintain said walkway so as to
not allow it to be or become a nuisance;
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 execute a Release Of Easement in Original
Agreement and Grant of New Easement Agreement, in substantially the attached form, between One
Miami and the City, providing for the release of certain easements, contained within the Original
Agreement, recorded October 23, 1990, in Official Record Book 14754, page 261, which instrument
contains easements between Miami City Joint Venture and the City dated January 21, 1983, and
modifying the existing easement area to include the entire Riverwalk to satisfy the requirements as set
forth in paragraph 5 of the Agreement, granting the City a perpetual non-exclusive easement, as
legally described in "Exhibit B," attached and incorporated, for use as a Riverwalk for public purposes,
which will remain perpetually accessible to the general public, conveying full ingress and egress to the
Riverwalk.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
FORM AND C• " RECTNES
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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