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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-24-0510 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17049 Final Action Date: 12/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM OZPC NO. 1 2900 BISCAYNE BLVD, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHEAST 29TH STREET, MIAMI, FLORIDA. WHEREAS, OZPC NO. 1 2900 BISCAYNE BLVD, LLC, a Florida Limited Liability Company ("Grantor") is the owner of the fee simple title in and to the property described in Exhibit "A" of the Perpetual Easement, attached and incorporated and as defined herein ("Property"); and WHEREAS, the City of Miami ("City") desires to assure public ingress and egress access to the sidewalk located on the private property and the Owner of the Property offered to grant a perpetual easement to the City for public ingress and egress purposes ("Perpetual Easement") over a portion of the Property, more particularly described in Exhibit "B" to the Perpetual Easement, attached and incorporated; and WHEREAS, the Grantor will construct, maintain, and assume liability responsibility for the portion of the sidewalk located on the Property; and WHEREAS, the purpose of the Perpetual Easement is to ensure that the generaF;public will have ingress and egress access to the portion of sidewalk located in the easement ar'a; and • WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement, attached hereto and incorporated herein; and WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; 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 Manager is authorized' to accept the Perpetual Sidewalk Easement, in substantially the attached form, from the Grantor. City of Miami Page 1 of 2 File ID: 17049 (Revision: A) Printed On: 3/13/2025 17049 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17049 Enactment Number: R-24-0510 Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents necessary related to the Perpetual Easement, all in a form acceptable to the City Attorney. Section 4. The City Manager is further authorized' to record said instrument in the Public Records of Miami -Dade County, Florida. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID. 17049 (Revision: A) Printed on: 3/13/2025 SUBSTITUTED City of Miami Resolution Legislation City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co File Number: 17049 Final Action Date: 12 2/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTAC AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUA EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FRO 1 2900 BISCAYNE BLVD, LLC, A DELAWARE LIMITED LIABI FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS T SIDEWALK CONSTRUCTED ON NORTHEAST 2TH STR FLORIDA. ENT(S), IDEWALK OZPC NO. COMPANY, PORTIONS OF , MIAMI, WHEREAS, OZPC NO. 1 2900 BISCAYNE BLVD, LLC, . lorida Limited Liability Company ("Grantor") is the owner of the fee simple title in and • the property described in Exhibit "A" of the Perpetual Easement, attached and incorpo . ed and as defined herein ("Property"); and WHEREAS, the City of Miami ("City") desires to ssure public ingress and egress access to the sidewalk located on the private prope ► and the Owner of the Property offered to grant a perpetual easement to the City for public i . ess and egress purposes ("Perpetual Easement") over a portion of the Property, more-articularly described in Exhibit "B" to the Perpetual Easement, attached and incorporat - ; and WHEREAS, the Grantor will constr t, maintain, and assume liability responsibility fa the portion of the sidewalk located on the roperty; and WHEREAS, the purpose of t Perpetual Easement is to ensure that the general Relic will have ingress and egress acce-. to the portion of sidewalk located in the easement area; and WHEREAS, the City attached hereto and incor rees with the terms and conditions in the Perpetual Easemgnt, rated herein; and ry WHEREAS, in - ccordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the Ci ► Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature NOW, EREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLODA: adopt ction 1. The recitals and findings contained in the Preamble to this Resolution are by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to accept the Perpetual Sidewalk Easement, substantially the attached form, from the Grantor. City of Miami Page 1 of 2 File ID: 17049 (Revision:) Printed On: 3/13/2025 s''Yy SUBSTITUTED File ID: 17049 Enactment Number: Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents necessary related to the Perpetual Easement, all in a form acceptable to the City Attorney. Section 4. The City Manager is further authorized' to record said instrument in the Public Records of Miami -Dade County, Florida. Section 5. This Resolution shall become effective immediately upon its adop APPROVED AS TO FORM AND CORRECTNESS: :-s zy. V: rn lO r"3 fV The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 17049 (Revision:) Printed on: 3/13/2025