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HomeMy WebLinkAboutR-17-0387City of Miami Resolution R-17-0387 Legislation 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; City of Miami Page 1 of 2 File ID: 2022 (Revision: B) Printed On: 3/24/2025 File ID: 2022 Enactment Number: R-17-0387 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, City Httor ey 5/2/2017 ndez, City Httor ey 7/18/2017 ndez, City Httor ey 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. City of Miami Page 2 of 2 File ID: 2022 (Revision: B) Printed on: 3/24/2025