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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11475 Date: 02/09/2022 Commission Meeting Date: 03/10/2022 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute - Perpetual Sidewalk Easement - BCC Temporary Fire Station 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 Brickell City Centre Project, LLC, a Florida Limited Liability Company, as Trustee under Land Trust No. BCC-2012 for public pedestrian access to portions of sidewalk constructed on the 25 feet corner radius intersection SE 1st Avenue and SE 5th Street, and SE 1st Avenue and SE 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 ("Brickell City Centre Project, 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 funded by Bonds Item is NOT Related to Revenue Item has NOT an Expenditure Total Fiscal Impact: N/A Reviewed B Department of Resilience and Public Works Review Completed 02/23/2022 10:03 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Marie Gouin City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Amber Ketterer Juvenal Santana Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Department Head Completed Completed Completed Completed Completed Completed 02/25/2022 2:04 PM 02/25/2022 4:39 PM 02/25/2022 4:52 PM 02/25/2022 4:55 PM 02/26/2022 6:52 AM 02/28/2022 4:16 PM Office of the City Attorney Valentin J Alvarez Deputy City Attorney Review Skipped 02/28/2022 12:02 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 02/28/2022 5:44 PM City Commission Maricarmen Lopez Meeting Completed 03/10/2022 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 03/17/2022 6:30 PM City of Miami Legislation Resolution Enactment Number: R-22-0088 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11475 Final Action Date:3/10/2022 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 BRICKELL CITY CENTRE PROJECT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER LAND TRUST NO. BCC-2012, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON THE TWENTY-FIVE FEET (25') CORNER RADIUS INTERSECTION(S) OF SOUTHEAST 1ST AVENUE AND SOUTHEAST 5TH STREET, AND SOUTHEAST 1ST AVENUE AND SOUTHEAST 6TH STREET, MIAMI, FLORIDA. WHEREAS, Brickell City Centre Project, LLC, a Florida Limited Liability Company, as Trustee under Land Trust No. BCC-2012 ("Grantor") is the owner of the fee simple title in and to the property described in Exhibit "A" of the Perpetual Sidewalk Easement ("Property"), as attached and incorporated at Exhibit "A"; and WHEREAS, on March 28, 2013, pursuant to Ordinance No. 13369, the City Commission approved an amendment to the Brickell City Centre Special Area Plan ("SAP") to include the Property, and pursuant to Ordinance No. 13370 the City Commission approved an Amended and Restated Development Agreement for Brickell City Centre to encompass the Property, which was recorded on April 7, 2014 at Official Records Book 29098, Page 3241 of the Public Records of Miami -Dade County, Florida; and WHEREAS, pursuant to the SAP, Grantor is developing a mixed -use project on the Property known as "BCCN2," which is one of several blocks in an integrated, mixed -use, pedestrian/transit oriented, urban development known as Brickell City Centre ("Project"); and WHEREAS, pursuant to Section 54-58(b) of the Code of the City of Miami, Florida, as amended, ("City Code") Grantor requested a waiver of the twenty-five foot (25') corner radius dedications on the Property abutting the City of Miami ("City") Right -of -Way, and the City's Director of the Department of Resilience and Public Works has approved the waiver request; and WHEREAS, the 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 sidewalk access easement to the City for public ingress and egress purposes over a portion of the Property, more particularly described in Exhibit "B" of the Sidewalk Access 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 Sidewalk Access 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 Sidewalk Access 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 Sidewalk 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 Sidewalk Easement, all in a form acceptable to the City Attorney. Section 4. The City Manager is further authorized1 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 Httor ey 2/28/2022 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.