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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17823 Date: 06/26/2025 Commission Meeting Date: 07/10/2025 Type: Subject: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 5 Resolution Accept - Perpetual Sidewalk Easement NW 22 ST Purpose of Item: A resolution of the Miami City Commission, with attachment(s) and authorizing the City Manager to accept a Perpetual Sidewalk Easement from FBWS DEVELOPMENT SENIOR LLC, a Delaware Limited Liability Company for public pedestrian access to portions of sidewalk constructed on NW 22nd Street, adjacent to the property. Background of Item: The Grantee ("City of Miami") shall have the right of usage and enjoyment of the easement area for public pedestrian ingress and egress purposed. The Grantor ("FBWS DEVELOPMENT SENIOR LLC") shall construct and maintain a sidewalk within the easement area and clear all trees, undergrowth and other obstructions that may interfere with the normal ingress and egress upon the easement area by the Grantee, and out of and away from the public right-of-way. Grantor, its successors and assigns, agree not to build, construct or create nor permit others on the herein granted easement area that may interfere with the normal ingress and egress purpose. Grantor further grants the Grantee the reasonable right to enter upon the easement area for exercising the rights herein granted. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Resilience and Public Works Review Completed Office of Management and Budget City Commission Office of Management and Budget City Manager's Office City Manager's Office City Manager's Office Reviewed B 07/09/2025 10:15 AM Luis Hernandez -Torres Maricarmen Lopez Marie Gouin Asael Marrero Natasha Colebrook -Williams Arthur Noriega V Juvenal Santana Budget Analyst Review Meeting Budget Review Assistant City Manager Review Deputy City Manager Review City Manager Review Department Head Completed Completed Completed Completed Completed Completed 07/10/2025 8:19 AM 07/10/2025 9:00 AM 07/10/2025 4:27 PM 07/11/2025 10:06 AM 07/11/2025 7:59 PM 07/12/2025 9:32 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 07/14/2025 8:13 AM Office of the City Attorney Patricia Arias ACA Review Completed 07/14/2025 3:55 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 07/15/2025 12:41 PM Office of the City Clerk City Clerk's Office Rendered Completed 07/16/2025 12:53 PM City of Miami Legislation Resolution Enactment Number: R-25-0255 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17823 Final Action Date:7/10/2025 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 FBWS DEVELOPMENT SENIOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHWEST 22 STREET, MIAMI, FLORIDA. WHEREAS, FBWS DEVELOPMENT SENIOR LLC, a Delaware Limited Liability Company ("Grantor") is the fee simple title owner to private property and is offering a perpetual easement to the City of Miami ("City") for public ingress and egress purposes to the property described in Exhibit "A" ("Property") to the Perpetual Easement being offered to the City; and WHEREAS, the City desires to assure public ingress and egress access to the sidewalk located on the Grantor's Property; 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 general public will have ingress and egress access to the portion of sidewalk located in the easement area; and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission by a majority vote deems this Resolution to be of an emergency nature; and WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement, attached hereto and incorporated herein; 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. 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. 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. 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: