HomeMy WebLinkAboutR-22-0387City of Miami
Resolution R-22-0387
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12611 Final Action Date: 10/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY -OWNED
PROPERTY LOCATED AT 501 NORTHWEST 8TH STREET, FOLIO NUMBER
01-0101-010-2031, ("CITY PROPERTY"), BY AND BETWEEN THE CITY OF
MIAMI ("GRANTOR") AND CULMER APARTMENTS, LTD., A FLORIDA
LIMITED PARTNERSHIP ("GRANTEE"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, OVER, ACROSS, AND UPON APPROXIMATELY FOUR
THOUSAND TWO HUNDRED FIFTY (4,250) SQUARE FEET, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "C" OF THE DRAFT EASEMENT
AGREEMENT, ATTACHED AND INCORPORATED ("EASEMENT AREA"), TO
PROVIDE FOR (1) A TEMPORARY CONSTRUCTION EASEMENT FOR THE
PURPOSE(S) OF CONSTRUCTING AN ACCESS DRIVEWAY, SIDEWALKS,
LANDSCAPING, UNDERGROUND UTILITIES AND OTHER ANCILLARY
IMPROVEMENTS AND FOR TEMPORARY STAGING AND STORAGE OF
CONSTRUCTION MATERIALS, WHICH SHALL AUTOMATICALLY
TERMINATE BY NO LATER THAN DECEMBER 31, 2027, (2) A PERMANENT
NON-EXCLUSIVE EASEMENT FOR THE GRANTEE TO, AT ITS SOLE COST
AND EXPENSE, INSTALL, CONSTRUCT, MAINTAIN, OPERATE, MODIFY,
REPAIR, AND REPLACE UNDERGROUND AND RELATED ABOVEGROUND
EQUIPMENT, AND (3) A PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT
ON, OVER, AND ACROSS THE SURFACE OF THE EASEMENT AREA FOR
VEHICULAR AND PEDESTRIAN ACCESS, AND INGRESS AND EGRESS TO
AND FROM THE BENEFITED PROPERTY, (COLLECTIVELY THE
"EASEMENTS"), WITH TERMS AND CONDITIONS MORE PARTICULARLY
SET FORTH IN SAID EASEMENT AGREEMENT, A DRAFT OF WHICH IS
ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
EASEMENT AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENTS.
WHEREAS, the City of Miami ("Grantor") is the fee simple owner of that certain property
located at 501 Northwest 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida
("City Property"); and
WHEREAS, Miami -Dade County, a political subdivision of the State of Florida (the
"County") is the fee simple owner of that certain property located at 800 Northwest 5th Avenue
(Folio No. 01-0101-010-2030), located in Miami, Florida abutting the City Property ("County
Property"); and
City of Miami Page 1 of 3 File ID: 12611 (Revision:) Printed On: 6/23/2025
File ID: 12611 Enactment Number: R-22-0387
WHEREAS, CulmerApartments Ltd, ("Grantee") owns a subleasehold interest in the
County Property located adjacent to the City Property; and
WHEREAS, Grantee is developing an affordable housing project on the County
Property; and
WHEREAS, Grantee desires to obtain from the Grantor, and Grantor has agreed to
grant to Grantee: (1) a temporary construction easement, (2) a perpetual, non-exclusive utility
easement, and (3) a perpetual, non-exclusive access easement, over a portion of the City
Property consisting of approximately four thousand two hundred fifty (4,250) square feet, as
more particularly described in Exhibit C of the draft Easement Agreement, of which a draft in
attached and incorporated, ("Easement Area") subject to certain terms and conditions to be set
forth in an easement agreement;
WHEREAS, insofar as the City Property is in need of an easement for ingress and/or
egress on, over, and across the County Property, the City will work with the County to obtain
same;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized1 to negotiate and execute an
Easement Agreement over the City Property by and between the Grantor and Grantee, in a
form acceptable to the City Attorney, over, across, and upon the Easement Area to provide for
(1) a temporary construction easement for the purpose(s) of constructing an access driveway,
sidewalks, landscaping, underground utilities and other ancillary improvements temporary
staging and storage of construction materials for construction which shall automatically
terminate by no later than December 31, 2027, (2) a permanent non-exclusive easement, for the
grantee to, at its sole cost and expense, install, construct, maintain, operate, modify, repair, and
replace underground and related aboveground equipment, and (3) a perpetual non-exclusive
access easement on, over, and across the surface of the easement area for vehicular and
pedestrian access, ingress and egress to and from the benefitted property, (collectively the
"Easements"), with terms and conditions more particularly set forth in said Easement
Agreement;
Section 3. The City Manager is further authorized1 to negotiate and execute all other
necessary documents, including amendments and modifications to said Easement Agreement,
all in forms acceptable to the City Attorney, as may be necessary to effectuate said Easements.
Section 4. This Resolution shall become effective immediately upon its adoption.
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 3 File ID: 12611 (Revision:) Printed on: 6/23/2025
File ID: 12611 Enactment Number: R-22-0387
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 12611 (Revision:) Printed on: 6/23/2025