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HomeMy WebLinkAboutR-16-0094Vop City of Miami Legislation < U R �O Resolution: R-16-0094 File Number: 16-00091 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/11/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PERPETUAL SIDEWALK EASEMENT FROM BRICKELL CITY CENTRE PROJECT, LLC ("GRANTOR") FOR THE PURPOSE OF PROVIDING PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF THE SIDEWALK CONSTRUCTED ON PRIVATE PROPERTY ABUTTING THE SOUTH SIDE OF SOUTHEAST 6TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1STAVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD SAID PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY OF MIAMI. WHEREAS, Brickell City Centre Project, LLC ("Grantor") is the fee simple owner and has a leasehold interest in certain real property located on the south side of Southeast 6th Street between South Miami Avenue and Southeast 1 st Avenue, Miami, Florida ("Property"); and WHEREAS, Grantor is constructing a mixed-use commercial/retail/residential development on the Property as part of a larger development known as Brickell City Centre; and WHEREAS, the City of Miami ("City") granted Grantor the right to construct non-standard improvements within the City right-of-way known as Southeast 6th Street between South Miami Avenue and Southeast 1 st Avenue, in furtherance of the overall Brickell City Centre development; and WHEREAS, Grantor has proposed certain non-standard improvements, including but not limited to hardscaping, landscaping and lighting, which contemplate the relocation of a public sidewalk from the City right-of-way onto the Property in certain locations; and WHEREAS, Grantor has agreed to grant a non-exclusive Perpetual Sidewalk Easement to City for the purpose of public pedestrian access to those portions of the sidewalk constructed on the Property abutting the City right-of-way; and WHEREAS, Miami -Dade County, as the fee simple owner of the a portion of the Property leased to the Grantor, has agreed to give its consent to the granting of the aforesaid easement; 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 Perpetual Sidewalk Easement from the Grantor for the purpose of providing public pedestrian access to portions of the sidewalk on the Property is accepted. City of Miand Page 1 of 2 File Id. 16-00091 (Version: 1) Printed On: 4/25/2018 File Number: 16-00091 Enactment Number: R-16-0094 Section 3. The City Manager is authorized {1} to execute the Perpetual Sidewalk Easement, in substantially the attached form, on behalf of the City. Section 4. The City Manager is further authorized {1} to record said instrument in the Public Records of Miami -Dade County, Florida. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 Page 2 of 2 File Id. 16-00091 (Version: 1) Printed On: 4/25/2018