HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8097
Date: 10/27/2020
Commission Meeting Date: 12/10/2020
Type:
Subject:
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 5
Resolution
Accept Perpetual Sidewalk Easement - TVC 15 LLC
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s) and authorizing the City
Manager to accept a Perpetual Sidewalk Easement from TVC 15 LLC, for public
pedestrian access to portions of sidewalk constructed on the west side of NE 1 AVE
and south side of NE 79 ST.
Background of Item:
The Grantee ("City of Miami") shall have the right of usage and enjoyment of the
easement area for public pedestrian ingress and egress purposed. The Grantor ("TVC
15 LLC") shall construct and maintain a sidewalk within the easement area and maintain
the easement area clear of all obstructions that may interfere with the normal ingress
and egress upon the easement area by the Grantee, and out of and away from the
public right-of-way. Grantor, its successors and assigns, agree not to build, construct or
create nor permit others on the herein granted easement area that may interfere wit the
normal ingress and egress purpose. Grantor further grants the Grantee the reasonable
right to enter upon the easement area for exercising the rights herein granted.
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
Department of Resilience and Public Works
Review Completed
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
Reviewed B
11/12/2020 9:48 AM
Ann -Marie Sharpe
Donovan Dawson
Christopher M Rose
Nzeribe Ihekwaba
Valentin J Alvarez
Arthur Noriega V
Amber Ketterer
Barnaby L. Min
Juvenal Santana
Risk Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
11/12/2020 9:55 AM
11/16/2020 8:06 PM
11/17/2020 6:01 AM
11/17/2020 9:56 AM
11/17/2020 10:11 AM
11/17/2020 10:36 AM
11/18/2020 11:43 AM
11/18/2020 11:53 AM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 11/18/2020 12:41 PM
City Commission Nicole Ewan Meeting Completed 12/10/2020 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 12/14/2020 4:13 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0396
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8097 Final Action Date:12/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, FROM TVC 15 LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE
PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF THE SIDEWALK
CONSTRUCTED ON THE WEST SIDE OF NORTHEAST 1 AVENUE AND THE
SOUTH SIDE OF NORTHEAST 79 STREET, MIAMI, FLORIDA; FURTHER
AUTHORIZING 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 AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENT
IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, TVC 15 LLC, a Florida Limited Liability Company ("Grantor"), is the owner
of fee simple title in and to the property described in the Perpetual Easement, attached and
incorporated as Exhibit "A" ("Property"); and
WHEREAS, the City of Miami ("City") desires to assure public 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 over a portion of the Property as more particularly
described in Exhibit "B" to 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 City agrees with the terms and conditions in the Perpetual Easement;
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 for the purpose of public pedestrian access to
portions of the sidewalk constructed on the west side of Northeast 1 Avenue and the south side
of Northeast 79 Street, Miami, Florida.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents related to the Perpetual Easement, all in sform acceptable to the
City Attorney, for said purpose.
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
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, City Attor ey 11/18/2020