HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11031
Date: 12/06/2021
Commission Meeting Date: 01/13/2022
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Accept - Sidewalk Easement with DT Miami 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 DT MIAMI LLC, a Delaware
Limited Liability Company for public pedestrian access to portions of sidewalk
constructed on NW 1st Avenue, NW 3rd Street, NW 5th Street and NW 6th Street.
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 ("DT
MIAMI LLC") shall construct and maintain a sidewalk within the easement area and
clear all trees, undergrowth and other 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 with 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 is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
Department of Resilience and Public Works
Review Completed 12/08/2021 4:48 PM
Office of Management and Budget Donovan Dawson
Office of Management and Budget Marie Gouin
Department of Risk Management Ann -Marie Sharpe
City Manager's Office Nzeribe Ihekwaba
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Office of the City Attorney Amber Ketterer
Office of the City Attorney Barnaby L. Min
Office of the City Attorney Victoria Mendez
City Commission Nicole Ewan
Office of the City Clerk City Clerk's Office
Juvenal Santana
Budget Analyst Review
Budget Review
Risk Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Department Head
Completed
Completed
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Completed
12/10/2021 4:42 PM
12/10/2021 5:02 PM
12/10/2021 5:04 PM
12/20/2021 12:34 PM
12/20/2021 12:53 PM
12/20/2021 1:42 PM
12/20/2021 10:23 PM
12/21/2021 8:13 AM
12/22/2021 11:10 AM
01/13/2022 9:00 AM
01/18/2022 2:53 PM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0004
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11031 Final Action Date:1/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FROM DT MIAMI LLC, A DELAWARE LIMITED LIABILITY
COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS
OF SIDEWALKS CONSTRUCTED ON NORTHWEST 1ST AVENUE, NORTHWEST
3RD STREET, NORTHWEST 5 STREET, AND NORTHWEST 6TH STREET, MIAMI,
FLORIDA.
WHEREAS, DT MIAMI LLC, a Delaware Limited Liability Company ("Grantor"), is the
owner of the fee simple title in and to the property described in Exhibit "A" of the Perpetual
Easement below and attached and incorporated ("Property"); and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalks located on the Property and the Grantor offered to grant a perpetual
easement to the City for said purposes over a portion of the Property ("Perpetual Easement") as
more particularly described in Exhibit "B" of the Perpetual Easement, attached and incorporated;
and
WHEREAS, the Grantor will construct, maintain, and assume liability responsibility for
the portion of the sidewalks 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 sidewalks located in the easement area;
and
WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement,
attached and incorporated as Exhibit "A";
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 documents necessary related to the Perpetual Easement, all in forms acceptable to the
City Attorney.
1 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 the Perpetual Easement 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 12/22/2021