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HomeMy WebLinkAboutLegislation-SUBCity of Miami Resolution R-23-0129 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13393 Final Action Date: 3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXISTING FENCE TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY AREA OF NORTHEAST 67 STREET AT 728 NORTHEAST 67 STREET, MIAMI, FLORIDA SUBJECT TO (1) THE FENCE BEING IN COMPLIANCE WITH THE FINDINGS AS SET FORTH HEREIN AND (2) A COVENANT RUNNING WITH THE LAND BE EXECUTED AND RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BY THE PROPERTY OWNER WITH SAID COVENANT TO BE PREPARED BY THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 54-191 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCLUDING A HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE FROM THE PROPERTY OWNER IN FAVOR OF THE CITY WITH PAYMENT BY THE PROPERTY OWNER OF THE REQUISITE FEES FOR THE PREPARATION AND RECORDING OF THE COVENANT. WHEREAS, the property owner at 728 Northeast 67 Street, Miami, Florida ("Property") has made a formal request to the Director of the Resilience and Public Works Department ("Resilience and Public Works") to allow an existing fence to remain within the dedicated right- of-way area of Northeast 67 Street at 728 Northeast 67 Street, Miami, Florida adjacent to said Property; and WHEREAS, the Director of Resilience and Public Works has researched City of Miami ("City") records and found no documented complaints or reports of problems of impediment to travel by vehicles or pedestrians attributed to the fence; and WHEREAS, the property owner has furnished records from the City's Building Department under permit numbers 03-5003897, 04-5024852 and 04-5024853 showing the existing wood fence; and WHEREAS, in accordance with Section 54-191(b) of the Code of City of Miami, Florida, as amended ("City Code"), the City Commission, after a properly advertised public heagng,Q y approve the existing fence to remain within the dedicated right-of-way area; and : w t� c-) m WHEREAS, the City Commission has evaluated the aforesaid request to alloa�a existing fence to remain within the dedicated right-of-way area and finds no negative ffectsi n the health, welfare, or safety of the community; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE C 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. rn C7 i-11 cJ City of Miami Page 1 of 2 File ID: 13393 (Revision: A) Printed On: 5/3/2023 13393 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 13393 Enactment Number: R-23-0129 Section 2. The City Commission approves an existing fence to remain within the dedicated right-of-way area of Northeast 67 Street at 728 Northeast 67 Street, Miami, Florida subject to (1) the fence being in compliance with the findings as set forth herein and (2) a covenant to run with the land executed and recorded in the public records of Miami -Dade County, Florida by the property owner with said covenant to be prepared by the City to conform with the requirements of Section 54-191 of the City Code, including, without limitation, a hold harmless, indemnification, and insurance from the owner in favor of the City and the provision of an insurance policy in favor of the City with the payment by the owner of the requisite fees for the preparation and recording of said covenant. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 13393 (Revision: A) Printed on: 5/3/2023 SUBSTITUTED City of Miami Legislation Resolution File Number: 13393 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action , ate: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXIST G FENCE TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY AREA OF NORTHEAST 67 STREET AT 728 NORTHEAST 67 STREET, MIAMI, FLO IDA SUBJECT TO (1) THE FENCE BEING IN COMPLIANCE WITH THE FIN NGS AS SET FORTH HEREIN AND (2) A COVENANT RUNNING WITH THE L D BE EXECUTED AND RECORDED IN THE PUBLIC RECORDS OF MIA -DADE COUNTY, FLORIDA BY THE PROPERTY OWNER WITH SAID C• ENANT TO BE PREPARED BY THE CITY OF MIAMI ("CITY") PURSUANT TO CTION 54-191 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDER , INCLUDING A HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE FROM HE PROPERTY OWNER IN FAVOR OF THE CITY WITH PAYMENT BY T PROPERTY OWNER OF THE REQUISITE FEES FOR THE PREPARATION AND ECORDING OF THE COVENANT. WHEREAS, the property owner at 728 Northeas •7 Street, Miami, Florida ("Property") has made a formal request to the Director of the Resil nce and Public Works Department ("Resilience and Public Works") to allow an existing nce to remain within the dedicated right- of-way area of Northeast 67 Street at 728 Northe- : 67 Street, Miami, Florida adjacent to said Property; and WHEREAS, the Director of Resilien ("City") records and found no documente travel by vehicles or pedestrians attribu and Public Works has researched City of Miami mplaints or reports of problems of impediment to d to the fence; and WHEREAS, the property ow- er has furnished records from the City's Building Department under permit number 03-5003897, 04-5024852 and 04-5024853 showing the existing wood fence; and WHEREAS, in acco ance with Section 54-191(b) of the Code of City of Miami FIol a, as amended ("City Code" , the City Commission, after a properly advertised public hgOngalay approve the existing fe e to remain within the dedicated right-of-way area; and -=,a -< - r --cFri C) WHEREAS, e City Commission has evaluated the aforesaid request to aIlMan cn n existing fence to r main within the dedicated right-of-way area and finds no negati g'Ffec , on the health, welf• e, or safety of the community; M'-K 3 m .. NO , THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CIZY OF- MIAMI, F •RIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are ado 4 ted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves an existing fence to remain within the dedicated right-of-way area of Northeast 67 Street at 728 Northeast 67 Street, Miami, Florida subject to (1) the fence being in compliance with the findings as set forth herein and (2) a SUBSTITUTED covenant to run with the land executed and recorded in the public records of Miami -Dade County, Florida by the property owner with said covenant to be prepared by the City to conform with the requirements of Section 54-191 of the City Code, including, without limitation, a hold harmless, indemnification, and insurance from the owner in favor of the City and the provision an insurance policy in favor of the City with the payment by the owner of the requisite fees for the preparation and recording of said covenant. Section 3. This Resolution shall become effective immediately upon its adoptio signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: CI :Ilia S-AVWEZO ' 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 Commission.