HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7713
Date: 07/31/2020
Commission Meeting Date: 09/10/2020
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Accept Perpetual Sidewalk Easement - 2201 N. Miami Ave Owner, LLC
Purpose of Item:
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 2201 N. Miami Ave Owner, LLC, a Deleware Limited Liability company, for the
purpose of public pedestrian access to portions of sidewalk constructed along the 25
feet corner radius at the intersection of Northeast 23rd Street and North Miami Avenue;
and the south 10 feet of the property along Northeast 22nd Street together with the 25
feet corner radius at the intersection of Northeast 22nd Street and North Miami Avenue,
Miami, Florida.
Background of Item:
The City of Miami 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. The Grantor will construct, maintain, and assume liability
responsibility for the portion of the sidewalk located on the Property. 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.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
Office of Resilience and Sustainability Alan M. Dodd Department Head
Review Completed 08/05/2020 8:52 AM
Office of Management and Budget Donovan Dawson Budget Analyst Review Completed 08/17/2020 1:12 PM
Office of Management and Budget Christopher M Rose Budget Review Completed 08/25/2020 5:55 AM
City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 08/25/2020 11:34 PM
Legislative Division
City Manager's Office
Office of Zoning
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Valentin J Alvarez
Arthur Noriega V
Daniel Goldberg
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
08/26/2020 9:54 AM
08/26/2020 4:18 PM
08/27/2020 10:23 AM
08/27/2020 10:27 AM
08/27/2020 8:01 PM
09/10/2020 9:00 AM
09/16/2020 2:49 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0248
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7713 Final Action Date:9/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PERPETUAL SIDEWALK EASEMENT ("PERPETUAL EASEMENT"),
IN SUBSTANTIALLY THE ATTACHED FORM, FROM 2201 N. MIAMI AVE OWNER,
LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF
PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED
ALONG THE TWENTY-FIVE (25) FOOT CORNER RADIUS AT THE INTERSECTION
OF NORTHEAST 23RD STREET AND NORTH MIAMI AVENUE AND THE SOUTH
TEN (10) FEET OF THE PROPERTY ALONG NORTHEAST 22ND STREET
TOGETHER WITH THE 25 FOOT CORNER RADIUS AT THE INTERSECTION OF
NORTHEAST 22ND STREET AND NORTH MIAMI AVENUE, MIAMI, FLORIDA;
FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER NECESSARY DOCUMENTS RELATED TO THE PERPETUAL
EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; FURTHER DIRECTING THE CITY MANAGER TO RECORD SAID
PERPETUAL EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
WHEREAS, 2201 N. Miami Ave Owner, LLC, a Delaware limited liability company
("Grantor"), is the owner of the fee simple title in and to the property located approximately at
2201 — 2245 North Miami Avenue, Miami, Florida, as described in Exhibit "A" of the Perpetual
Easement described herein, attached and incorporated ("Property"); and
WHEREAS, Section 54-58 of the Code of the City of Miami, Florida, as amended,
requires a right of way to be dedicated in order to mitigate the burden placed by the proposed
development; and
WHEREAS, the land required to be dedicated has been found to be contaminated; and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalk located on the Property and the Grantor offered to grant a perpetual
easement to the City for public ingress and egress purposes ("Perpetual Easement") over a
portion of the Property as more particularly described in Exhibit "B" of the Perpetual Easement;
and
WHEREAS, the Grantor 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 Grantor.
Section 3. The City Manager is further authorized to negotiate and execute any and all
other necessary documents, all in forms acceptable to the City Attorney, for said purpose.
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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 8/27/2020
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.