CA.3 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN ENCROACHMENT IN THE PUBLIC RIGHT-OF-WAY FOR A PEDESTRIAN OVERPASS OVER AND ACROSS NORTHEAST 2 COURT BETWEEN NORTHEAST 29 STREET AND NORTHEAST 30 STREET, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND REQUIRING A DECLARATION OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH 200 NE 30 ST, LLC, A DELAWARE LIMITED LIABILITY COMPANY; CRESCENT HEIGHT OF AMERICA INC, A FLORIDA PROFIT CORPORATION; 2950 NE 2ND LLC, A DELAWARE LIMITED LIABILITY COMPANY; 2930 NE 2ND LLC, A DELAWARE LIMITED LIABILITY COMPANY; 50 NORTH MIAMI LLC, A FLORIDA LIMITED LIABILITY COMPANY; AND OZPC NO. 1 2900 BISCAYNE BLVD LLC, A DELAWARE LIMITED LIABILITY COMPANY.
October 8, 2026
Department: Department of Resilience and Public Works
Category: Other
WHEREAS, 200 NE 30th LLC, a Delaware limited liability company, Crescent Height of America, Inc., a Florida profit corporation, 2950 NE 2nd LLC, a Delaware limited liability company, and 2930 NE 2nd LLC, a Delaware limited liability company, (collectively the “West Property Owner”) holds fee-simple title to certain property in the City of Miami, Florida, located at 220 Northeast 30th Street, Miami, Florida 33137 that has a folio number of 01-3230-113-0010, legally described in Exhibit “A,” attached and incorporated (the “West Property”); and
WHEREAS, OZPC No. 1 2900 Biscayne Blvd LLC, a Delaware limited liability company, (the “East Property Owner”) holds fee-simple title to certain property in the City of Miami, Florida, located at 2900 Biscayne Blvd, Miami, Florida, that has a folio number of 01-3230-113-0020, legally described in Exhibit "B," attached and incorporated (the “East Property”); and
WHEREAS, the West Property Owner and East Property Owner (collectively “Owners”) are seeking approval of the construction of an overpass, located on Northeast 2 Court, between Northeast 29 Street and Northeast 30 Street, pursuant to Section 55-14 of the Code of the City of Miami, Florida (“City Code”) to connect the West Property and the East Property; and
WHEREAS, the Owners requested permission to construct and maintain a single level pedestrian overpass (hereinafter called “Pedestrian Overpass”) over and across the Northeast2nd Court to connect the West Property and East Property, legally described in Exhibit“C,” attached and incorporated; and
WHEREAS, the City has required the execution of a Declaration of Restrictive Covenants, attached and incorporated as Exhibit “D,” as a condition precedent to the granting of said permission to Owners to construct and maintain the Pedestrian Overpass over and across the public street as located above; and
WHEREAS, the Department of Resilience and Public Works (the “Department”) has reviewed the proposed plan and the proposed encroachment pursuant to the applicable criteria; and
WHEREAS, pursuant to Section 55-14(b) of the City Code, the Owners have provided appraisals prepared by Joseph J. Blake and Associates, Inc. to the properties on either side of Northeast 2 Court, attached and incorporated as Exhibit “E”; and
WHEREAS, the appraisal dated August 4, 2026, has been evaluated and accepted by the City’s Department of Real Estate and Asset Management;
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 Commission, after considering the criteria described in Section 55-14 of the City Code, finds that encroachment may be permitted.
Section 3. The City Commission further finds that the one-time fee to allow the encroachment based on the value per square foot is Two Hundred Thousand and 00/100 Dollars ($200,000.00) and shall be paid to the City prior to obtaining a building permit for the proposed pedestrian bridge.
Section 4. The City Manager is authorized to negotiate and execute theDeclaration of Restrictive Covenants, in substantially the form attached and incorporated as Exhibit“D.”
Section 5. The City Manager is further authorized to execute any amendments,extensions, renewals, or related documents necessary to implement the intent of thisResolution, in a form acceptable to the City Attorney.
Section 6. This Resolution shall become effective immediately upon its adoption.
WHEREAS, OZPC No. 1 2900 Biscayne Blvd LLC, a Delaware limited liability company, (the “East Property Owner”) holds fee-simple title to certain property in the City of Miami, Florida, located at 2900 Biscayne Blvd, Miami, Florida, that has a folio number of 01-3230-113-0020, legally described in Exhibit "B," attached and incorporated (the “East Property”); and
WHEREAS, the West Property Owner and East Property Owner (collectively “Owners”) are seeking approval of the construction of an overpass, located on Northeast 2 Court, between Northeast 29 Street and Northeast 30 Street, pursuant to Section 55-14 of the Code of the City of Miami, Florida (“City Code”) to connect the West Property and the East Property; and
WHEREAS, the Owners requested permission to construct and maintain a single level pedestrian overpass (hereinafter called “Pedestrian Overpass”) over and across the Northeast2nd Court to connect the West Property and East Property, legally described in Exhibit“C,” attached and incorporated; and
WHEREAS, the City has required the execution of a Declaration of Restrictive Covenants, attached and incorporated as Exhibit “D,” as a condition precedent to the granting of said permission to Owners to construct and maintain the Pedestrian Overpass over and across the public street as located above; and
WHEREAS, the Department of Resilience and Public Works (the “Department”) has reviewed the proposed plan and the proposed encroachment pursuant to the applicable criteria; and
WHEREAS, pursuant to Section 55-14(b) of the City Code, the Owners have provided appraisals prepared by Joseph J. Blake and Associates, Inc. to the properties on either side of Northeast 2 Court, attached and incorporated as Exhibit “E”; and
WHEREAS, the appraisal dated August 4, 2026, has been evaluated and accepted by the City’s Department of Real Estate and Asset Management;
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 Commission, after considering the criteria described in Section 55-14 of the City Code, finds that encroachment may be permitted.
Section 3. The City Commission further finds that the one-time fee to allow the encroachment based on the value per square foot is Two Hundred Thousand and 00/100 Dollars ($200,000.00) and shall be paid to the City prior to obtaining a building permit for the proposed pedestrian bridge.
Section 4. The City Manager is authorized to negotiate and execute theDeclaration of Restrictive Covenants, in substantially the form attached and incorporated as Exhibit“D.”
Section 5. The City Manager is further authorized to execute any amendments,extensions, renewals, or related documents necessary to implement the intent of thisResolution, in a form acceptable to the City Attorney.
Section 6. This Resolution shall become effective immediately upon its adoption.
Fiscal Impact
N/A