HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8275
Date: 11 /23/2020
Commission Meeting Date: 12/10/2020
Requesting Department: City Manager's
Office
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Execute - Emergency Access Easement - Legion Memorial Park
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute an emergency access easement ("Easement"), in a form
acceptable to the City Attorney, to Harvey Seeds Post No. 29 American Legion, a
Florida not for profit corporation ("American Legion"), for a non-exclusive easement of
approximately five thousand one hundred seventy (5,170) square feet of City of Miami
("City") owned property known as Legion Memorial Park, identified as a portion of Folio
Number 01-3218-000-0030, as more particularly described in the Easement, for egress
of persons, solely in the event of an emergency, to comply with the National Fire
Protection Association, Life Safety Code, and Florida Fire Prevention Code ("Fire
Codes"), in accordance with the terms and conditions of the Easement; further
authorizing the City Manager to execute all necessary documents, including
amendments and modifications to said agreement, in a form acceptable to the City
Attorney, as may be necessary to effectuate said Easement.
Background of Item:
The City of Miami ("City) is the fee simple owner of the real property located at 6447
Northeast 7th Avenue, City of Miami, Miami -Dade County, Florida, also known as
Legion Memorial Park ("Park"). Harvey Seeds Post No. 29 American Legion, a Florida
not for profit corporation ("American Legion") requested to the City a non-exclusive
emergency access easement ("Easement"), on a certain portion of the Park, as more
particularly described in the Easement, for egress of persons, solely in the event of an
emergency, to comply with the National Fire Protection Association, Life Safety Code,
and Florida Fire Prevention Code ("Fire Codes") as required by City Fire Rescue. The
Easement may be released, relocated, or amended by City, at American Legion's
expense, provided that the Easement is no longer needed, as determined by the City
per the Fire Codes.
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
City Manager's Office
Office of Management and Budget
Office of Management and Budget
Legislative Division
Department of Fire -Rescue
Office of the City Attorney
City Commission
Office of the City Attorney
Office of the City Clerk
Reviewed B
Arthur Noriega V
Aniska Elliott
Christopher M Rose
Valentin J Alvarez
Daniel Diaz
Barnaby L. Min
Nicole Ewan
Victoria Mendez
City Clerk's Office
City Manager Review
Budget Analyst Review
Budget Analyst Review
Legislative Division Review
ACA Review
Deputy City Attorney Review
Meeting
Approved Form and Correctness
Rendered
Completed 12/01/2020 9:04 AM
Completed 12/01/2020 9:45 AM
Completed 12/01/2020 1:02 PM
Completed 12/01/2020 1:05 PM
Completed 12/01/2020 6:15 PM
Completed 12/01/2020 6:35 PM
Completed 12/10/2020 9:00 AM
Completed 12/11/2020 12:03 PM
Completed 12/14/2020 4:14 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0408
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8275 Final Action Date:12/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EMERGENCY ACCESS EASEMENT ("EASEMENT"), IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO HARVEY SEEDS POST NO.
29 AMERICAN LEGION, A FLORIDA NOT FOR PROFIT CORPORATION
("AMERICAN LEGION"), FOR A NON-EXCLUSIVE EASEMENT OF APPROXIMATELY
FIVE THOUSAND ONE HUNDRED SEVENTY (5,170) SQUARE FEET OF CITY OF
MIAMI ("CITY") OWNED PROPERTY KNOWN AS LEGION MEMORIAL PARK,
IDENTIFIED AS A PORTION OF FOLIO NUMBER 01-3218-000-0030, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR EGRESS
OF PERSONS, SOLELY IN THE EVENT OF AN EMERGENCY, TO COMPLY WITH
THE NATIONAL FIRE PROTECTION ASSOCIATION, LIFE SAFETY CODE, AND
FLORIDA FIRE PREVENTION CODE ("FIRE CODES"), IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE EASEMENT; FURTHER PROVIDING THAT SAID
EASEMENT MAY BE RELEASED, RELOCATED, OR AMENDED BY THE CITY, AT
AMERICAN LEGION'S SOLE EXPENSE, PROVIDED THAT THE EASEMENT IS NO
LONGER NEEDED AS DETERMINED BY THE CITY PURSUANT TO THE FIRE
CODES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO THE EASEMENT, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID EASEMENT.
WHEREAS, the City of Miami ("City) is the fee simple owner of the real property located
at 6447 Northeast 7th Avenue, Miami, Florida, also known as Legion Memorial Park ("Park");
and
WHEREAS, Harvey Seeds Post No. 29 American Legion, a Florida not for profit
corporation ("American Legion"), requested a non-exclusive emergency access easement
("Easement") on a certain portion of the Park, as more particularly described in Exhibit "A" of the
Easement, for egress of persons, solely in the event of an emergency, to comply with the
National Fire Protection Association, Life Safety Code, and Florida Fire Prevention Code
(collectively, "Fire Codes") as required by City's Department of Fire -Rescue; and
WHEREAS, the Easement may be released, relocated, or amended by the City, at
American Legion's sole expense, provided that the Easement is no longer needed as
determined by the City pursuant to the Fire Codes;
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 fully set forth in this Section.
Section 2. The City Manager is authorized to negotiate and execute the Easement, in a
form acceptable to the City Attorney, to the American Legion for a non-exclusive easement of
approximately five thousand one hundred seventy (5,170) square feet of the Park, identified as
a portion of Folio Number 01-3218-000-0030, as more particularly described in Exhibit "A" of the
Easement, for egress of persons, solely in the event of an emergency, to comply with the Fire
Codes in accordance with the terms and conditions of the Easement.
Section 3. The Easement may be released, relocated, or amended by City, at American
Legion's sole expense, provided that the Easement is no longer needed as determined by the
City pursuant to the Fire Codes.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments and modifications to the Easement, all in
forms acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 12/11 /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.