HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorneyfor
DATE: June 14, 2023
RE: Resolution No. 23-0194 — Grant of Easement - Lancelot Miami River, LLC
File No. 13800
At its April 27, 2023, meeting, the City Commission adopted the above -referenced
agenda item, PH.8, authorizing the City Manager to negotiate and execute a perpetual, non-
exclusive ten (10) foot wide access easement over the City of Miami owned property located at
444 Southwest 2nd Avenue, Miami, Florida ("Property"), in a form acceptable to the City
Attorney, to Lancelot Miami River LLC, a Florida Limited Liability Company, for the purposes
of providing pedestrian access to and from the Riverside 1 B Project Site, located 230 Southwest
3rd Street, Miami, Florida, with the full right of ingress thereto and egress therefrom, over, upon,
through and across the Property. The Exhibit to the Legislation inadvertently printed without the
notation indicating which pages constituted "Exhibit C" of the Easement.
The Exhibit has been corrected and the Legislation has been incremented to Revision A.
VM/JMS/vja
Enclosure(s)
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City of Miami
Resolution R-23-0194
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13800
Final Action Date: 4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO LANCELOT MIAMI RIVER LLC, A FLORIDA LIMITED
LIABILITY COMPANY, FOR A PERPETUAL, NON-EXCLUSIVE, TEN (10)
FOOT WIDE ACCESS EASEMENT ("EASEMENT") ON A PORTION OF
PROPERTY OWNED BY THE CITY OF MIAMI ("CITY") LOCATED AT 444
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY") FOR THE
PURPOSES OF PROVIDING PEDESTRIAN ACCESS, WITH THE FULL RIGHT
OF INGRESS THERETO AND EGRESS THEREFROM, OVER, UPON,
THROUGH AND ACROSS THE PROPERTY, AS SHOWN ON EXHIBIT "C" OF
THE EASEMENT, ATTACHED AND INCORPORATED ("EASEMENT AREA"),
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
MAY BE NECESSARY TO EFFECTUATE THE EASEMENT.
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WHEREAS, the City of Miami ("City") is the owner of that certain property locad ad44-7-1
Southwest 2nd Avenue, Miami, Florida 33130 ("Property"); and p1
WHEREAS, Lancelot Miami River LLC, a Florida Limited Liability Company (S ncc b't")
is the owner of that certain property located at 230 Southwest 3rd Street, Miami, Flo 33 1 •
("Riverside 1 B Project Site"); and
WHEREAS, the City desires to execute a grant of easement, in a form acceptatie tOhe
City Attorney, for a perpetual, non-exclusive of ten (10) foot wide access easement
("Easement") to Lancelot for the purposes of providing pedestrian access to and from the
Riverside 1 B Project Site, with the full right of ingress thereto and egress therefrom, over, upon,
through and across the Property, as shown on Exhibit "C" of the Easement, attached and
incorporated ("Easement Area"); and
WHEREAS, the City Manager hereby requests authorization to negotiate and execute
the Easement, in a form acceptable to the City Attorney, for said purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY 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.
City of Miami Page 1 of 2 File ID: 13800 (Revision: A) Printed On: 6/16/2023
File ID: 13800
Enactment Number: R-23-0194
Section 2. The City Manager is hereby authorized' to negotiate and execute the
Easement, in a form acceptable to the City Attorney, to Lancelot for the Easement Area.
Section 3. The City Manager is further authorized' to negotiate and execute all other
necessary documents, including amendments and modifications to said Easement, all in a form
acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 4. This Resolution shall be effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed by the 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 Commission.
City of Miami Page 2 of 2 File ID: 13800 (Revision: A) Printed on: 6/16/2023
City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13800 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO LANCELOT MIAMI RIVER LLC, A FLORIDA LIMITED
LIABILITY COMPANY, FOR A PERPETUAL, NON-EXCLUSIVE, TEN (10)
FOOT WIDE ACCESS EASEMENT ("EASEMENT") ON A PORTION OF
PROPERTY OWNED BY THE CITY OF MIAMI ("CITY") LOCATED AT 444
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY") FOR THE
PURPOSES OF PROVIDING PEDESTRIAN ACCESS, WITH THE FULL RIGHT
OF INGRESS THERETO AND EGRESS THEREFROM, OVER, UPON,
THROUGH AND ACROSS THE PROPERTY, AS SHOWN ON EXHIBIT "C" OF
THE EASEMENT, ATTACHED AND INCORPORATED ("EASEMENT AREA"),
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
MAY BE NECESSARY TO EFFECTUATE THE EASEMENT.
WHEREAS, the City of Miami ("City") is the owner of that certain property located at 444
Southwest 2nd Avenue, Miami, Florida 33130 ("Property"); and
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WHEREAS, Lancelot Miami River LLC, a Florida Limited Liability Company ("Lice;%")
is the owner of that certain property located at 230 Southwest 3rd Street, Miami, Flo 33 1 Fri
1B Project Site"); and 74-,C7N Fri
WHEREAS, the City desires to execute a grant of easement, in a form accepble tihe...�
City Attorney, for a perpetual, non-exclusive of ten (10) foot wide access easement
("Easement") to Lancelot for the purposes of providing pedestrian access to and from thew
Riverside 1 B Project Site, with the full right of ingress thereto and egress therefrom, oar, ljpn,
through and across the Property, as shown on Exhibit "C" of the Easement, attached and c
incorporated ("Easement Area"); and
WHEREAS, the City Manager hereby requests authorization to negotiate and execute
the Easement, in a form acceptable to the City Attorney, for said purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY 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.
City of Miami Page 1 of 2 File ID: 13800 ( ) Printed On: 6/16/2023
File ID: 13800 Enactment Number:
Section 2. The City Manager is hereby authorized' to negotiate and execute the
Easement, in a form acceptable to the City Attorney, to Lancelot for the Easement Area.
Section 3. The City Manager is further authorized' to negotiate and execute all other
necessary documents, including amendments and modifications to said Easement, all in a form
acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 4. This Resolution shall be effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed by the 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 Commission.
City of Miami Page 2 of 2 File ID: 13800 ( ) Printed on: 6/16/2023