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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorne}V-7t— for DATE: May 3, 2023 RE: Resolution No. R-23-0129 — Approve Existing Fence on Dedicated Right -of Way File No. 13393 At its March 9, 2023, meeting, the City Commission adopted the above -referenced agenda item, CA.4, 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 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. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/EMH/vj a Enclosure(s) L33 r1,d S a41/(0, okele\e‘t) City of Miami Resolution R-23-0129 Legislation 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 heaing,Q y approve the existing fence to remain within the dedicated right-of-way area; and : w ; cam 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 negativeceffectsion the health, welfare, or safety of the community; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CkOF`-- MIAMI, FLORIDA: m •• cia 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. City of Miami Page 1 of 2 File ID: 13393 (Revision: A) Printed On: 5/3/2023 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 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13393 Final Action Date: 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 FIol a, as amended ("City Code"), the City Commission, after a properly advertised public hmOng flay approve the existing fence to remain within the dedicated right-of-way area; andrri —,c �• �3 WHEREAS, the City Commission has evaluated the aforesaid request to allban cn rn C.) existing fence to remain within the dedicated right-of-way area and finds no negativieffec , on the health, welfare, or safety of the community; z; 3 rr . Dr• .. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CIY OF- MIAMI, FLORIDA: co 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 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 and 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.