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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE 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. -,IV ov . City of Miami IIS°°1 il°4I° *01\ °° °° 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.