HomeMy WebLinkAboutR-17-0402opCity of Miami
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Legislation
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Resolution R-17-0402
File Number: 2803
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.
City of Miami Page 1 of 2 File ID: 2803 (Revision:) Printed On: 12/15/2017
File ID: 2803
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 8123/2017
Enactment Number: R-17-0402
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: 2803 (Revision:) Printed on: 1211512017