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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2022 Date: 03/27/2017 Commission Meeting Date: 07/27/2017 Type: Resolution Subject: Execute Easement - Brickell Key Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 A resolution of the Miami City Commission, with attachment(s), authorizing and directing the City Manager to accept, pursuant to a right-of-way deed, dedication of upland, on Brickell Key, from Swire Properties, Inc. to the City of Miami ("City"), as more particularly described in Exhibit "A" of the right-of-way deed, attached and incorporated, to be utilized as a public linear park and for use as a public water taxi pick up and drop off location and purposes incidental thereto; further authorizing the City Manager to execute any necessary documents, in a form acceptable to the City Attorney, in order to effectuate said conveyance. Background of Item: Swire Properties, Inc. ("Swire") is the owner of certain upland located on Brickell Key, as more particularly described in Exhibit "A" of the Right -of -Way Deed, attached hereto ("Property). Swire shall effectuate maritime use of the Property by allowing access over the submerged land adjacent thereto. Swire, to satisfy, in part, its obligation to dedicate public park land as required by the Development Order, has determined the Property is best utilized as a public linear park and as a public water taxi pick up and drop off location and purposes incidental thereto. Swire wishes to convey the Property to the City via a Right -of -Way Deed dedication. The City accepts the Right -of -Way Deed and agrees to use the Property for the limited purposes stated therein. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Item has NOT an Expenditure Total Fiscal Impact: N/A Reviewed B Real Estate and Asset Management Aldo Bustamante Department Head Review Completed 03/28/2017 7:23 AM Office of Management and Budget Everton Garvis Budget Analyst Review Completed 03/28/2017 2:18 PM Office of Management and Budget Christopher M Rose Budget Review Completed 04/04/2017 11:25 AM City Manager's Office Alberto N. Parjus Assistant City Manager Review Completed 04/04/2017 3:01 PM City Manager's Office Daniel J. Alfonso City Manager Review Completed 04/04/2017 3:12 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 05/01/2017 5:45 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 05/02/2017 12:42 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 05/02/2017 2:47 PM City Commission Nicole Ewan Meeting Completed 05/11/2017 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 05/25/2017 8:48 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 05/25/2017 8:57 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 05/26/2017 2:27 PM City Commission Nicole Ewan Meeting Completed 06/08/2017 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 07/17/2017 4:24 PM Office of the City Attorney Marta Gomez Deputy Attorney Review Skipped 07/18/2017 7:50 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/18/2017 7:52 PM City Commission Nicole Ewan Meeting Completed 07/27/2017 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 08/04/2017 5:13 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 08/04/2017 6:00 PM City of Miami Legislation Resolution Enactment Number: R-17-0387 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2022 Final Action Date:7/27/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT A RIGHT-OF- WAY DEED ("DEED"), IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING PROPERTY LOCATED ON BRICKELL KEY, FROM SWIRE PROPERTIES US INC, SWIRE PROPERTIES INC, AND SWIRE JADECO LLC (COLLECTIVELY, "SWIRE COMPANIES") TO THE CITY OF MIAMI ("CITY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED, TO BE UTILIZED AS A PUBLIC LINEAR PARK AND AS A PUBLIC WATER TAXI PICK UP AND DROP OFF LOCATION, WITH PURPOSES INCIDENTAL THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID PURPOSE; DIRECTING THE CITY MANAGER TO RECORD THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO KEEP COPIES OF THE DEED ON FILE FOR CITY RECORDS. WHEREAS, Swire Properties US Inc, Swire Properties Inc, and Swire Jadeco LLC (collectively, "Swire Companies") are the owners of certain upland located on Brickell Key ("Property"), as more particularly described in Exhibit "A" of the Right -of -Way Deed, in substantially the attached form ("Deed"); and WHEREAS, the Swire Companies shall effectuate maritime use of the Property by allowing access over the submerged land adjacent thereto by granting a Deed to the City of Miami ("City"); and WHEREAS, pursuant to Ordinance No. 13572, adopted on October 22, 2015, the City Commission approved the amended Brickell Key Development of Regional Impact ("DRI") Development Order ("Development Order") that, among other terms, permitted a three and one half (3.5) acre linear park and a quarter acre (0.25) park on the island; and WHEREAS, the Swire Companies to satisfy, in part, their obligation to dedicate public park land as required by the Development Order have determined the Property is best utilized as a public linear park and as a public water taxi pick up and drop off location, with purposes incidental thereto; and WHEREAS, the Swire Companies wish to grant the City a Deed to the Property; and WHEREAS, the City accepts the Deed and agrees to use the Property for the limited purposes stated therein; and WHEREAS, the Swire Companies shall maintain the Property subject to the Deed so long as it is in effect; 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 and directed to accept the Deed over the Property for use as a linear park and as a public water taxi pick up and drop off location, with purposes incidental thereto. Section 3. The City Manager is further authorized' to execute any necessary documents, in a form acceptable to the City Attorney, in order to effectuate said purpose. Section 4. The City Commission approves, authorizes' and directs the City Manager's recordation of the Deed in the public records of Miami -Dade County, Florida. Section 5. The City Clerk is directed to keep copies of the Deed on file for the City's records. Section 6. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor 5/2/2017 ndez, ity Httor 5/26/2017 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 City 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.