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HomeMy WebLinkAboutR-25-0255City of Miami Resolution R-25-0255 Legislation 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. 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 1 of 2 File ID: 17823 (Revision:) Printed On: 7/16/2025 File ID: 17823 Enactment Number: R-25-0255 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: City of Miami Page 2 of 2 File ID: 17823 (Revision:) Printed on: 7/16/2025