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AGENDA ITEM SUMMARY FORM
F€ File ID: #2803
Date: 08/10/2017 Requesting Department: Department of
Public Works
Commission Meeting Date: 09/19/2017 District Impacted: District 2
Type: Resolution
Subject: Accept Perpetual Easement - Biscayne Beach
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to execute a
Perpetual Easement with Biscayne Miami Partners, LLC and Edgewater Miami
Partners, LLC for public pedestrian ingress and egress purposes over and upon a
portion of the sidewalk located on Biscayne Beach property abutting the existing cul-de-
sac at the East end of NE 30 Street and authorizing the City Manager to execute and
record said Perpetual Easement.
Background of Item:
The Biscayne Beach development project located at 711 NE 29 Street is adjacent to an
existing cul-de-sac. A portion of the sidewalk around the south side of the cul-de-sac
encroaches 5 (five) feet into the private property. The City desires to assure public
ingress and egress access to the sidewalk located on the private property and, to that
end, the owner of the subject private property offered to grant a Perpetual Easement to
the City for public ingress and egress purposes. Biscayne Miami Partners, LLC and
Edgewater Miami Partners, LLC. will construct, maintain and assume liability
responsibility for the portion of the sidewalk located on private property. The purpose of
the easement is to ensure that the general public will have ingress and egress access to
the portion of sidewalk located in the easement area.
Budget Impact Analysis
Item is NOT Related to Revenue
Item has NO budget impact
Item is NOT funded by Homeland Defense/Neighborhood Improvement Bonds
Total Fiscal Impact:
N/A
Reviewed By
Department of Public Works
Juvenal Santana
Department Head Review
Completed
08/10/2017 10:58 AM
Office of Management and Budget
Luis Hernandez -Torres
Budget Analyst Review
Completed
08/10/2017 11:26 AM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
08/14/2017 9:56 AM
City Manager's Office
Nzeribe Ihekwaba
Assistant City Manager Review
Completed
08/14/2017 10:48 PM
City Manager's Office
Fernando Casamayor
City Manager Review
Completed
08/16/2017 3:27 PM
Legislative Division
Marta Gomez
Legislative Division Review
Completed
08/16/2017 6:41 PM
Office of the City Attorney
Amber Ketterer
ACA Review
Completed
08/17/2017 12:28 PM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
08/17/2017 1:02 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
08/23/2017 8:55 PM
City Commission
Nicole Ewan
Meeting
Completed
09/14/2017 9:00 AM
City Commission
Nicole Ewan
Meeting
Completed
09/19/2017 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 09/20/2017 4:04 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 09/20/2017 4:37 PM
File Number: 2803
City of Miami
Legislation
Resolution
Enactment Number: R-17-0402
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date -9/19/2017
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 BISCAYNE MIAMI PARTNERS
LLC AND EDGEWATER MIAMI PARTNERS LLC TO ACCOMMODATE PUBLIC
PEDESTRIAN INGRESS AND EGRESS OVER AND UPON THE SIDEWALK
LOCATED ON PRIVATE PROPERTY AT THE BISCAYNE BEACH PROPERTY
ABUTTING THE EXISTING CUL-DE-SAC AT THE EAST END OF NORTHEAST 30
STREET, MIAMI, FLORIDA.
WHEREAS, the Biscayne Beach development project located at 711 Northeast 29
Street, Miami, Florida is adjacent to an existing cul-de-sac where a portion of the sidewalk
around the south side of the cul-de-sac encroaches five feet (5') into the private property; and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalk located on the private property and the owners of the property, Biscayne
Miami Partners LLC and Edgewater Miami Partners LLC ("Owners"), offered to grant a
perpetual easement to the City for public ingress and egress purposes ("Perpetual Easement");
and
WHEREAS, the Owners will construct, maintain, and assume liability responsibility for
the portion of sidewalk located on the private 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, 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 Easement, in
substantially the attached form, from the Owners, to accommodate public ingress and egress
access to the sidewalk located at 711 Northeast 29 Street Miami, Florida.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.z
' 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.
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 8123/2017
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.