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File ID: #1009
Resolution
Sponsored by: Vice Chair Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT AN EASEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FROM THE FIRST PRESBYTERIAN CHURCH OF MIAMI, FLORIDA,
FOR BAYWALK PURPOSES OVER AND UPON A PORTION OF THE PROPERTY LOCATED
AT 609 BRICKELL AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AND RECORD SAID EASEMENT ON BEHALF OF THE CITY OF
MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, IN CONJUNCTION WITH THE
SIMULTANEOUS RECORDATION OF A DECLARATION OF RESTRICTIVE COVENANT
RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM.
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City of Miami
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Legislation
Resolution
Enactment Number: R-17-0022
File Number: 1009
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:1/12/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT AN EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FROM THE FIRST PRESBYTERIAN
CHURCH OF MIAMI, FLORIDA, FOR BAYWALK PURPOSES OVER AND UPON A
PORTION OF THE PROPERTY LOCATED AT 609 BRICKELL AVENUE, MIAMI,
FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND
RECORD SAID EASEMENT ON BEHALF OF THE CITY OF MIAMI, IN
SUBSTANTIALLY THE ATTACHED FORM, IN CONJUNCTION WITH THE
SIMULTANEOUS RECORDATION OF A DECLARATION OF RESTRICTIVE
COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED
FORM.
WHEREAS, the City of Miami ("City"), pursuant to Section 3(mm)(ii) of the City Charter
and Section 3.11 of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as
amended, requires that certain waterfront properties, in connection with certain development
activities, provide a baywalk or riverwalk, as applicable, along the portion of said properties
abutting Biscayne Bay and the Miami River; and
WHEREAS, the First Presbyterian Church of Miami, Florida ("Church") was constructed
in 1948, prior to the enactment of the aforementioned baywalk regulations; and
WHEREAS, because the Church has never developed its property in a way that would
require a baywalk as a condition thereto, there presently exists a gap in the City-wide baywalk
system at the Church's property; and
WHEREAS, the Church has expressed that it does not plan to redevelop its property for
the foreseeable future; and
WHEREAS, absent redevelopment by the Church, there is no duty on its part to create a
baywalk on its property; and
WHEREAS, the Church wishes to convey an easement to allow the City to construct, at
the City's expense, a baywalk across the Church's property in order to further connect the City's
baywalk system; and
WHEREAS, the City has requested, and the Church has agreed, to provide an
easement to allow the City to expend funds to construct and maintain said baywalk; and
WHEREAS, the City has requested, and the Church has provided, a restrictive
covenant, running with the land to allow for repayment of funds expended by the City on a
decreasing amortized basis dependent upon the length of time between the creation of the
baywalk and the time the Church redevelops the property which would otherwise require it to
provide a baywalk itself; and
WHEREAS, said repayment plan in the restrictive covenant also provides for a discount
if the City obtains grant financing from the Florida Inland Navigation District or other non -City
sources; and
WHEREAS, the City's construction and maintenance of the easement, along with the
amortization schedule contained in the restrictive covenant, will allow for the use and enjoyment
of the baywalk to occur in the near future, rather than when the Church redevelops its property,
which may not occur in the future, or ever;
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, execute, and record an easement,
in substantially the attached form, from the Church for baywalk purposes, subject to the
acceptance and simultaneous recordation of the restrictive covenant discussed herein.
Section 3. The City Manager is authorized to accept, execute, and record a restrictive
covenant running with the land, in substantially the attached form, from the Church.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
I
i ria i ' ndez, City Attor iey 12/2312016
' 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 City 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.