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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerky_ i FROM: George K. Wysong III, City t�A torhey DATE: August 23, 2024 RE: Resolution No. R-24-0293 — Approve Encroachment - Public Utility Easement File No. 16259 At its July 25, 2024 meeting, the City Commission adopted the above -referenced agenda item, CA.9, permitting an encroachment into a public utility easement on a portion of the property located at 2000 Northwest 3 Avenue, Miami, Florida ("Property"), pursuant to Section 55-14(h) of the Code of the City of Miami, Florida, as amended, and subject to the requirements therein stated, to allow for the development of an attainable mixed -income housing development. The Legislation inadvertently published without the Exhibit "A," the legal description of the Property. It also inadvertently published without the backup document depicting the location of the public utility easement. The Legislation has been corrected to include Exhibit "A" and the backup document. It was also incremented to Revision B. GKW/ALK/vja Enclosure(s) 1 Co a 59 Sc4t uv B'L11.0,2. wlf24ifo City of Miami Resolution R-24-0293 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16259 Final Action Date: 7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PERMITTING AN ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT PURSUANT TO SECTION 55-14(H) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SUBJECT TO THE REQUIREMENTS THEREIN STATED, TO ALLOW FOR THE DEVELOPMENT OF AN ATTAINABLE MIXED - INCOME HOUSING DEVELOPMENT; MAKING FINDINGS. SPONSOR(S): Commissioner Christine King WHEREAS, Housing Trust Group, LLC and its affiliated entities together with Miami - Dade County (collectively "Applicant") received approval from the City of Miami ("City") for an Exception to allow an Attainable Mixed -Income Housing Development ("Development") pursuant to Article 7, Section 7.1.2.6 and Article 3, Section 3.15.3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, a portion of the property located at 2000 Northwest 3 Avenue ("Property"), as more particularly described in Exhibit "A," attached and incorporated, is encumbered by a 25' public utility easement ("Public Utility Easement"); and WHEREAS, redevelopment of the Property to accommodate the Development includes the removal and relocation of all facilities within the Public Utility Easement; and WHEREAS, the Applicant is requesting approval from the City Commission to allow an encroachment into the Public Utility Easement to accommodate the Development; and WHEREAS, the Department of Resilience and Public Works ("Department") has reviewed the proposed plan for the Development and the proposed encroachment pursuant to the applicable criteria; and WHEREAS, pursuant to the requirements of Section 55-14(h) of the Code of the City of Miami, Florida, as amended ("City Code"), the Applicant received a favorable recommendation from the Plat and Street Committee at their meeting of July 18, 2024; and WHEREAS, the Applicant provided notice to all utility companies with facilities within the Public Utility Easement; and WHEREAS, the Applicant provided a Hold Harmless and Indemnification Agreement for the benefit of the City; 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 fully set forth in this Section. City of Miami Page 1 of 2 File ID: 16259 (Revision: A) Printed On: 8/26/2024 File ID: 16259 Enactment Number: R-24-0293 Section 2. The City Commission, after considering the criteria described in Section 55- 14(h) of the City Code, and subject to the requirements stated therein, permits the encroachment into the Public Utility Easement to allow for the Development of a attainable mixed -income housing development. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Wy ng III, C y or y 8/23/2024 •:1 1 if the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 File ID: 16259 (Revision: A) Printed on: 8/26/2024 City of Miami Resolution R-24-0293 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16259 Final Action Date: 7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PERMITTING AN ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT PURSUANT TO SECTION 55-14(H) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SUBJECT TO THE REQUIREMENTS THEREIN STATED, TO ALLOW FOR THE DEVELOPMENT OF AN ATTAINABLE MIXED - INCOME HOUSING DEVELOPMENT; MAKING FINDINGS. SPONSOR(S): Commissioner Christine King WHEREAS, Housing Trust Group, LLC and its affiliated entities together with Miami - Dade County (collectively "Applicant") received approval from the City of Miami ("City") for an Exception to allow an Attainable Mixed -Income Housing Development ("Development") pursuant to Article 7, Section 7.1.2.6 and Article 3, Section 3.15.3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, a portion of the property located at 2000 Northwest 3 Avenue ("Property"), as more particularly described in Exhibit "A," attached and incorporated, is encumbered by a 25' public utility easement ("Public Utility Easement"); and WHEREAS, redevelopment of the Property to accommodate the Development includes the removal and relocation of all facilities within the Public Utility Easement; and WHEREAS, the Applicant is requesting approval from the City Commission to allow an encroachment into the Public Utility Easement to accommodate the Development; and WHEREAS, the Department of Resilience and Public Works ("Department") has reviewed the proposed plan for the Development and the proposed encroachment pursuant to the applicable criteria; and WHEREAS, pursuant to the requirements of Section 55-14(h) of the Code of the City of Miami, Florida, as amended ("City Code"), the Applicant received a favorable recommendation from the Plat and Street Committee at their meeting of July 18, 2024; and WHEREAS, the Applicant provided notice to all utility companies with facilities within the Public Utility Easement; and WHEREAS, the Applicant provided a Hold Harmless and Indemnification Agreemeri( for the benefit of the City; 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 fully set forth in this Section. City of Miami Page 1 of 2 File ID: 16259 (Revision: B) Printed On: 8/26/2024 File ID: 16259 Enactment Number: R-24-0293 Section 2. The City Commission, after considering the criteria described in Section 55- 14(h) of the City Code, and subject to the requirements stated therein, permits the encroachment into the Public Utility Easement to allow for the Development of a attainable mixed -income housing development. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y` tor -y 8/23/2024 1 if the Mayor does riot sign this Resolution, it shall become effective at the end of ten (10) 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 File ID: 16259 (Revision: B) Printed on: 8/26/2024 EXHIBIT "A" A PORTION OF TRACT 2 OF "TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 85, PAGE 31, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND A PORTION OF TRACT 22 OF "TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT 3 OF SAID "TOWN PARK SUBDIVISION NO. 1, U.R. PROJECT FLA. R-10"; THENCE NORTH 87°45'03" EAST ALONG THE NORTH LINE OF SAID TRACT 3 AND THE NORTH LINE OF SAID TRACT 22 FOR 236.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°45'03" EAST ALONG THE NORTH LINE OF SAID TRACT 22 AND ITS EASTERLY EXTENSION 391.80 FEET TO A POINT ON A LINE LYING 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT 2; THENCE SOUTH 02°18'53" EAST ALONG SAID PARALLEL LINE 382.59 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°03'54", FOR AN ARC DISTANCE OF 39.30 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87°45'O1" WEST ALONG THE SOUTH LINE OF SAID TRACTS 2 AND 22 FOR 367.07 FEET; THENCE NORTH 02°16'22" WEST 407.62 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, AND CONTAINING 159,633 SQUARE FEET (3.665 ACRES), MORE OR LESS. r L SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • E-MAIL: surveys a©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LEGAL DESCRIPTION: THIS SKETCH & - DESCRIPTION O PGq. NW 20TH STREET LOCATION SKETCH (NOT TO SCALE) THE UTILITY EASEMENT LYING IN TRACT 22 OF TOWN PARK SUBDIVISION NO. 6, U.R. PROJECT FLA. R-10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 91, PAGE 88, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 22; THENCE SOUTH 87°45'01" WEST ALONG THE SOUTH LINE OF SAID TRACT 22 ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF N.W. 20TH STREET 25.00 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT 22; THENCE NORTH 02°16'25" WEST ALONG SAID PARALLEL LINE 395.12 FEET TO A POINT ON A LINE LYING 12.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT 22; THENCE NORTH 87°45'03" EAST 25.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 22; THENCE SOUTH 02°16'25" EAST ALONG SAID EAST LINE 395.12 FEET TO THE POINT OF BEGINNING. 1 SAID LANDS LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, AND CONTAINING 9,878 SQUARE FEET, MORE OR LESS. NOTES: 1. 2. 3. 4. THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR AN ELECTRONIC SIGNATURE AND ELECTRONIC SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. BEARINGS ARE RELATIVE TO THE NORTH AMERICAN DATUM OF 1983 WITH THE 2011 ADJUSTMENT, FL-E ZONE, WITH THE SOUTH LINE OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST BEING S87°44'52"W. THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. ALL RECORDED DOCUMENTS ARE PER MIAMI-DADE COUNTY PUBLIC RECORDS. CLIENT: HOUSING TRUST GROUP SCALE: N/A DRAWN: MMM ORDER NO.: 72999 DATE: 06/17/24; 07/03/24 UTILITY EASEMENT VACATION MIAMI-DADE COUNTY, FLORIDA FOR: RAINBOW VILLAGE r S H E E T 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ MICHAEL M. MOSSEY, PROFESSIONAL SURVEYOR AND MAPPER PSM5660 STATE OF FLORIDA J SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • E-MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 r TRACT 1 "TOWNPARK" SUBDIVISION 1 U.R. PROJECT , FLA. 3R-10" W ZM F- (BUILDING SETBACK LINE 1 12.5' UTILITY EASEMENT N87°45'03"E P.B. 85, PG. 31 25.00' NORTH LINE it2.5' UTILITY EASEMENT 1 TRACT 22 P.B. 91, PG. 88 N N N F- ILI —N jOp F-0 W tn<_ W1- J .,,-, %,-; -„,m N TRACT 22 "TOWNPARK SUBDIVISION 6 U.R. PROJECT FLA. R-10" P.B. 91, PG. 88 NN M CV 0 Z 25' SOUTH LINE TRACT 22 S87°45'01 "W 25.00' .• 1 "-WEST LINE TRACT 2 V) r" POINT OF N.,a % BEGINNING TRACORN CT 22ER P.B. 91, FIG. 88 ORTH RIGHT-OF-WAY LINE S. LINE SECTION CITY OF MIAMI NW 20TH STREET 25-53=41MONUMENT LINE__ — _ _ _ -- • — — (BEARING BASIS) J CLIENT: HOUSING TRUST GROUP SCALE: 1 "=80' DRAWN: MMM ORDER NO.: 72999 DATE: 06/17/24; 07/03/24 UTILITY EASEMENT VACATION MIAMI-DADE COUNTY, FLORIDA r SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 LEGEND & ABBREVIATIONS: CENTERLINE P.B. PLAT BOOK PG. PAGE 25-53-41 SECTION -TOWNSHIP -RANGE FOR: RAINBOW VILLAGE