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HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-22-0432 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12895 Final Action Date: 11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD HOLDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH THE GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29 STREET BETWEEN NORTHWEST 29 STREET AND NORTHWEST 28 STREET, MIAMI, FLORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "WYNWOOD PUBLIC BENEFITS PROGRAM"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC ACCESS EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, LMV II Wynwood Holdings, LP ("Grantor") has agreed to satisfy a portion of the Public Benefits Bonus through provisions of a Pedestrian Passage, a Civic SpacerType pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, -as amended ("Miami 21 Code"), specifically Article 4, Table 7, subsection g., incorporated into the project, in accordance with the Miami 21 Code, Appendix J, Section 3.4.b.3 for thepropert located at 90 Northwest 29 Street ("Property"); and ry WHEREAS, Section 3.4.b.3 of Appendix J of the Miami 21 Code provides that, "[f]or.a Development project within the NRD-1 boundaries that donates a Civic Space or Civil Support Use on site to the City, an additional two (2) square feet of area for each square foot of donated Building Floor Area for use, up to the bonus Height described in Section 3.4(c), shall be allowed"; and WHEREAS, the Civic Space is restricted to pedestrian use and limited vehicular access, is approximately fifty feet (50') in width, connects Northwest 28 Street and Northwest 29 Street, and access is donated to the City of Miami ("City") and the public via this Public Access Easement; and WHEREAS, Grantor desires to grant to the City a public access easement for access in, over, upon, across, and through a portion of the Property connecting Northwest 28 Street and Northwest 29 Street, a draft of which is attached hereto as an Exhibit; 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. A Public Access Easement from the Grantor is accepted for non-exclusive public access through the Grantor's Property as described herein. City of Miami Page 1 of 2 File ID: 12895 (Revision: A) Printed On: 12/2/2022 4 12895 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12895 Enactment Number: R-22-0432 Section 3. The City Manager is authorized' and directed to negotiate and execute a Public Access Easement, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: rn 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: 12895 (Revision: A) Printed on: 12/2/2022 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co File Number: 12895 Final Actio ' ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(` ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD •LDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS THROUGH ' E GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29 STREET ETWEEN NORTHWEST 29 STREET AND NORTHWEST 28 STREET, MIAMI, F ORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF ORDINANCE NO. 114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS A ENDED, TITLED "WYNWOOD PUBLIC BENEFITS PROGRAM"; AUTHORIZING ' E CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC ACCESS EASE NT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURP•SE. WHEREAS, LMV II Wynwood Holdings, LP ("Grantor") as agreed to satisfy a portion of the Public Benefits Bonus through provisions of a Pedestria assage, a Civic Space Type pursuant to Ordinance No. 13114, the Zoning Ordinance othe City of Miami, Florida, as amended ("Miami 21 Code"), specifically Article 4, Table , subsection g., incorporated into the project, in accordance with the Miami 21 Code, Appenolx J, Section 3.4.b.3 for the property located at 90 Northwest 29 Street ("Property"); and WHEREAS, Section 3.4.b.3 of Appendix . of the Miami 21 Code provides that, "[f]or a Development project within the NRD-1 bound es that donates a Civic Space or Civil Support Use on site to the City, an additional two (2) quare feet of area for each square foot of donated Building Floor Area for use, up to the bonu : Height described in Section 3.4(c), shall be allowed"; and WHEREAS, the Civic Space '. restricted to pedestrian use and limited vehicular access, is approximately fifty feet (50') in w':th, connects Northwest 28 Street and Northwest 29 Street, and access is donated to the Cit of Miami ("City") and the public via this Public Access Easement; and WHEREAS, Granto desires to grant to the City a public access easement for4ccessin, over, upon, across, and rough a portion of the Property connecting Northwest 28 4reet angl r Northwest 29 Street, a . raft of which is attached hereto as an Exhibit; 11 NOW, THE EFORE, BE IT RESOLVED BY THE COMMISSION OF THE (T_Y OF) MIAMI, FLORID Secti• 1. The recitals and findings contained in the Preamble to this Resollutionaae adopted by eference and incorporated as if fully set forth in this Section. ' publi ection 2. A Public Access Easement from the Grantor is accepted for non-exclusive access through the Grantor's Property as described herein. SUBSTITUTED Section 3. The City Manager is authorized' and directed to negotiate and execute a Public Access Easement, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: e herein authorization is further subject to compliance with all requirements that may be imposed by e City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this resolution, it shall become effective immediately upon override of the veto by the City of Miami Commission.