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HomeMy WebLinkAboutR-16-0239VoF, City of Miami W F .. is,.,"�, *'Ir Legislation i 0 R �O Resolution: R-16-0239 File Number: 16-00550 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/26/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM MDM RETAIL, LTD., FOR PUBLIC INGRESS AND EGRESS PURPOSES OVER AND UPON A PORTION OF THE SIDEWALK ABUTTING SOUTHEAST 3RD AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD SAID PERPETUAL EASEMENT ON BEHALF OF THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the Met Square Development Project located at 300 Southeast 3rd Street, Miami, Florida, ("Project") was approved under a Major Use Special Permit modified by a Mediated Action Plan; and WHEREAS, the approved Project includes a vehicular drop-off area on Southeast 3rd Avenue, Miami, Florida, as described in the corresponding easement forms found in Exhibit "A", attached and incorporated, that requires pedestrians to by-pass the drop-off area by using a sidewalk located on the Met Square private property; and WHEREAS, the City of Miami ("City") desires that public ingress and egress access to the sidewalk located on the Met Square private property be assured and, to that end, MDM Retail, Ltd. ("Grantor") has offered to grant a Perpetual Easement, in substantially the attached form, to the City for public ingress and egress purposes; and WHEREAS, the Grantor will construct, maintain and assume liability responsibility for the portion of the sidewalk located on the Met Square private property within the Perpetual Easement area; and WHEREAS, the City is only paying a nominal cost of Ten Dollars ($10.00) for said Perpetual 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 City Manager is authorized {1} to accept a Perpetual Easement, in substantially the attached form, from the Grantor for public ingress and egress purposes over and upon a portion of the sidewalk abutting Southeast 3rd Avenue, Miami, Florida, as described in the corresponding easement forms found in Exhibit "A", attached and incorporated. Section 3. The City Manager if further authorized to execute and record said Perpetual City of Miand Page 1 of 2 File Id. 16-00550 (Version: 1) Printed On: 5/8/2018 File Number: 16-00550 Easement in the Public Records of Miami -Dade County, Florida. Enactment Number: R-16-0239 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. 16-00550 (Version: 1) Panted On: 5/8/2018