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: