HomeMy WebLinkAboutR-22-0088City of Miami
Resolution R-22-0088
Legislation
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
City of Miami Page 1 of 2 File ID: 11475 (Revision:) Printed On: 6/9/2025
File ID: 11475 Enactment Number: R-22-0088
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 authorizedI 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:
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.
City of Miami Page 2 of 2 File ID: 11475 (Revision:) Printed on: 6/9/2025