HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney CA 1f III. for
DATE: April 5, 2024
RE: Resolution No. R-24-0099 — Approve Encroachment Agreement - Arcade
Building
File No. 15573
At its March 14, 2024, meeting, the City Commission adopted the above referenced
agenda item, PH.4, approving and directing 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. The item inadvertently published with an incorrect description of the
effective date.
The Legislation has been corrected and incremented to Revision A.
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Enclosure(s)
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City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15573 Final Action Date:
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.
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Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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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.
City of Miami
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
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