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HomeMy WebLinkAboutR-19-0452City of Miami Resolution R-19-0452 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6577 Final Action Date: 11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM TOWER 2, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF THE SIDEWALK CONSTRUCTED ON NORTHEAST 1ST AVENUE AND NORTHEAST 10TH STREET AT THE MIAMI WORLD CENTER PROJECT, MIAMI, FLORIDA. WHEREAS, Tower 2, LLC, a Delaware limited liability company ("Owner"), is the owner of the property located at approximately 851 Northeast 1st Avenue, Miami, Florida, more particularly described in Exhibit "A" of the easement, attached and incorporated ("Property"), which comprises a portion of the Miami World Center Project; and WHEREAS, the City of Miami ("City") desires to assure public ingress and egress access to the sidewalk located on the private property and the Owner of the Property offered to grant a perpetual easement to the City for public ingress and egress purposes ("Perpetual Easement") over a portion of the Property, more particularly described in Exhibit "B" to the Perpetual Easement; and WHEREAS, the Owner will construct, maintain, and assume liability responsibility for the portion of the sidewalk located on the Property; and WHEREAS, the purpose of the Perpetual Easement is to ensure that the general public will have ingress and egress access to the portion of sidewalk located in the easement area; and WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement, attached hereto and incorporated herein; 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' to accept the Perpetual Easement, in substantially the attached form, from the Owner. 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. City of Miami Page 1 of 2 File ID: 6577 (Revision:) Printed On: 4/28/2025 File ID: 6577 Enactment Number: R-19-0452 Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents necessary related to the Perpetual Easement, all in a form acceptable to the City Attorney. Section 4. The City Manager is further authorized' to record said instrument in the Public Records of Miami -Dade County, Florida. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: _ndez, ity Attor ey 11/6/2019 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: 6577 (Revision:) Printed on: 4/28/2025