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HomeMy WebLinkAboutR-15-0229City of Miami Legislation Resolution: R-15-0229 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00451 Final Action Date: 5/28/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENTS TO THE TEMPORARY CONSTRUCTION EASEMENT, AND THE SUBSURFACE AND MAINTENANCE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), ALONG SOUTHEAST 6TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, GRANTED TO BRICKELL CITYCENTRE PROJECT, LLC, ON JANUARY 31, 2014, IN CONNECTION WITH THE SPECIAL AREA PLAN AND DEVELOPMENT AGREEMENT FOR THE BRICKELL CITYCENTRE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENTS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, Brickell CityCentre Project, LLC c/o Swire Properties ("Brickell CityCentre") is the owner of properties abutting Southeast 6th Street, between South Miami Avenue and Southeast 1st Avenue, Miami, Florida; and WHEREAS, Brickell CityCentre intends to construct a project including commercial, retail, and residential uses, which shall include its properties bordering Southeast 6th Street ("Project"); and WHEREAS, the Special Area Plan and Development Agreement entered into on October 19, 2011, between the City of Miami ("City") and Swire Properties, Inc., for the Brickell CityCentre Project, encourages above grade and below grade connectivity between the blocks, and through public rights of way abutting the properties included in said Brickell CityCentre Project; and WHEREAS, the City granted a Temporary Construction Easement and a Subsurface and Maintenance Easement to Brickell CityCentre on January 13, 2014, said easements being recorded in Official Record Book 29039, Pages 2266-2288, and Official Record Book 29039, Pages 2525-2547, respectively, of the Public Records of Miami -Dade County, Florida; and WHEREAS, Brickell CityCentre has determined that the boundaries of the Temporary Construction Easement and the Subsurface and Maintenance Easement must be slightly modified to successfully complete its planned connections between the Project; and WHEREAS, the modifications to said easements will not result in any increase or decrease in the square footage of the easement areas granted to Brickell CityCentre; and WHEREAS, it is in the best interest of the City and serves a public purpose to modify the boundaries of the easements conveyed to the abutting property owner in order to connect pedestrian and vehicular corridors; City of Miami Page 1 of 2 File Id: 15-00451 (Version: 11 Printed On: 3/2/2018 File Number: 15-00451 Enactment Number: R-15-0229 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. Section 2. The City Manager is authorized {1 } to execute the First Amendments to the Temporary Construction Easement and the Subsurface and Maintenance Easement, in substantially the attached form(s), along Southeast 6th Street, between South Miami Avenue and Southeast 1st Avenue, granted to Brickell CityCentre Project, on January 31, 2014, in connection with the Special Area Plan and Development Agreement for the Project. Section 3. The City Manager is further authorized {1} to record said instruments in the Public Records of Miami -Dade County, Florida. 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 (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: 15-00451 (Version: 11 Printed On: 3/2/2018