Loading...
HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami fi.> Resolution R-24-nngg Legislation City Hall 3500 Pan American Drive Miami, FL 33133 !: 2www.miamigov.com File Number: 15573 Final Action Date: 3/14/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT AND COVENANT RUNNING WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITADEL ARENA CORPORATION, ALLOWING AN EXISTING BUILDING ARCADE TO REMAIN WITHIN THE DEDICATED RIGHT OF WAY AREA OF NORTHWEST 5 STREET ADJACENT TO 49 NORTHWEST 5 STREET, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN. WHEREAS, the property owner of 49 Northwest 5 Street, Miami, Florida ("Property"), has made a formal request to the Director of the Resilience and Public Works Department to allow an existing building arcade to remain within the dedicated right of way area of Northwest 5 Street adjacent to said Property; and WHEREAS, the property owner has furnished a Miami -Dade County Tax Assessment Department's records providing evidence that the building was built prior to 1983; and WHEREAS, the Director of Resilience and Public Works has researched City of Miami ("City") records and no documented complaints or reports of impediments to travel by vehicles or pedestrians attributed to the building arcade; 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 hearing, may approve the existing building arcade to remain within the dedicated right of way area; and WHEREAS, the City Commission has evaluated the aforesaid request to allow an existing building arcade to remain within the dedicated right of way area and finds no negative effect on the health, welfare or safety of the community; 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. The City Commission approves and directs the City Manager to execute an encroachment agreement and covenant running with the land for the building arcade to remain within the dedicated right of way, in a form acceptable to the City Attorney. Section 3. This Resolution shall become effective immediately upon its adoption. City of Miami Page 1 of 2 File ID: 15573 (Revision: A) Printed On: 4/5✓2024 15573 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 15573 Enactment Number: R-24-0099 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 15573 (Revision: A) Printed on: 4/5/2024 City of Miami Legislation Resolution File Number: 15573 SUBSTITUTED City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co Final Actio 'ate: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND DI' ' CTING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT ND COVENANT RUNNING WITH THE LAND, IN A FORM ACCEPTABLE TO HE CITY ATTORNEY, WITH THE CITADEL ARENA CORPORATION, ALLOWIN = AN EXISTING BUILDING ARCADE TO REMAIN WITHIN THE DEDICAT, I RIGHT OF WAY AREA OF NORTHWEST 5 STREET ADJACENT TO 49 NOR WEST 5 STREET, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS A ET FORTH HEREIN. WHEREAS, the property owner of 49 Northwest 5 Street, has made a formal request to the Director of the Resilience an allow an existing building arcade to remain within the dedicat Street adjacent to said Property; and lami, Florida ("Property"), ublic Works Department to right of way area of Northwest 5 WHEREAS, the property owner has furnished iami-Dade County Tax Assessment Department's records providing evidence that the bu • ing was built prior to 1983; and WHEREAS, the Director of Resilience a Public Works has researched City of Miami ("City") records and no documented complaint or reports of impediments to travel by vehicles or pedestrians attributed to the building arc. -e; and WHEREAS, in accordance with ' -ction 54-191(b) of the Code of City of Miami, Florida, as amended ("City Code"), the City Cmission, after a properly advertised public hearing, may approve the existing building arcad - o remain within the dedicated right of way area; and WHEREAS, the City C. mission has evaluated the aforesaid request to allow an existing building arcade to re- ain within the dedicated right of way area and finds no negative effect on the health, welfar or safety of the community; NOW, THERE ARE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section The recitals and findings contained in the Preamble to this Resolution are adopted by re rence and incorporated as if fully set forth in this Section. S= ion 2. The City Commission approves and directs the City Manager to execute an encroa ment agreement and covenant running with the land for the building arcade to remain withi e dedicated right of way, in a form acceptable to the City Attorney. .:.� r cry SUBSTITUTED Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: „ -3 .=1 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.