HomeMy WebLinkAboutR-02-0870J-02-574
7/10/02
RESOLUTION NO. 0 2— 8 7 0
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) AUTHORIZING THE CITY
ATTORNEY TO ENTER INTO A STIPULATION AND
AGREED FINAL JUDGMENT GRANTING A TEMPORARY
EASEMENT RUNNING WITH THE LAND INTO THE
DEDICATED PUBLIC RIGHT-OF-WAY OF NORTHWEST
20TH STREET, NORTHWEST 1ST PLACE, AND
NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO ALLOW
THE ENCROACHING 1924 HISTORIC STRUCTURE AT
164 NORTHWEST 20TH STREET, MIAMI, FLORIDA, TO
REMAIN IN THE DEDICATED PUBLIC RIGHT-OF-WAY
UNTIL THE 1924 HISTORIC STRUCTURE IS
DEMOLISHED OR DESTROYED, AND SUBJECT TO
GLOBAL HOLDINGS INTERNATIONAL, INC.
EXECUTING A COVENANT TO RUN WITH THE LAND,
IN SUBSTANTIALLY THE ATTACHED FORM.
WHEREAS, on July 6, 1896, the subject property was platted
and designated Block 17 according to the Map of Waddell's
Addition to the Town of Miami, Florida, also known as Johnson &
Waddell Is Addition, P.B.B.P. 53 (hereinafter the 111896 Plat");
and
WHEREAS, the 1896 Plat provided for a dedicated street
width of 60 feet with square corners; and
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Resolution No.
02- 870
WHEREAS, in 1924 a structure was built in Block 17 of the
1896 Plat, bearing the address 164 Northwest 20th Street, Miami,
Florida, which is considered to likely have historic
significance (hereinafter the "historic structure"); and
WHEREAS, in 1953, a Re -Plat of Block 17 of Waddell's
Addition was filed (hereinafter the "1953 Re -Plat"), which
provided for a dedicated street width of 5 additional feet on
Northwest 20th Street, 12.5 additional feet on Northwest ist
Place, and rounded corners; and
WHEREAS, as a result of the 1953 Re -Plat, a portion of the
1924 historic structure lies within the dedicated right-of-way,
creating a title problem for the owner and allegedly making the
property unmarketable; and
WHEREAS, the CITY desires to preserve the historic
structure; and
WHEREAS, the owners of the property, Global Holdings
International, Inc., have filed suit against the City of Miami
in the Circuit Court of the 11th Judicial Circuit, in and for
Miami -Dade County, Florida, Case No. 01-22574 CA 03, to quiet
title and for declaratory relief;
Page 2 of 4
02- 870
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 herein as if fully set forth in this Section.
Section 2. The City Attorney is authorized to enter
into a Stipulation and Agreed Final Judgment granting a
temporary easement running with the land into the dedicated
public right-of-way of Northwest 20th Street, Northwest 1St Place,
and Northwest 1St Court, Miami, Florida, to allow the encroaching
1924 historic structure at 164 Northwest 20th Street, Miami,
Florida, to remain in the dedicated public right-of-way until
the 1924 historic structure is demolished or destroyed, and
subject to Global Holdings International, Inc. executing a
covenant to run with the land, in substantially the attached
form.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
1� If the Mayor does not sign this Resolution, it shall become effective
at the end of ten 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.
Page 3 of 4 0 870
PASSED AND ADOPTED this 25th day of July , 2002.
ATTEST:
PRISCILLA THOMPSON
CITY CLERK
AANUEL A. DIAZ, R
SS 1%
Page 4 of 4 02-
870
LOCATION: 164 N.W. 20TH STREET
COVENANT RUNNING WITH THE LAND
THIS COVENANT, made and entered into this day of , 2002, by and
between GLOBAL HOLDINGS INTERNATIONAL, INC., hereinafter called
COVENANTOR and the CITY OF MIAMI, a municipal corporation of the State of
Florida, in the County of Miami -Dade (hereinafter the "CITY"); and
WHEREAS, COVENANTOR is the fee owner of 164 N.W. 20" Street, Miami,
Florida, more particularly described as Tract 1 of Re -Plat of Block 17 of WADDELL'S
ADDITION, according to the Plat thereof, as recorded in Plat Book 57 at Page 24, of the
Public Records of Miami -Dade County, Florida (hereinafter the "premises"); and
WHEREAS, COVENANTOR has requested to the CITY to enter into an Agreed
Final Judgment granting a temporary easement into the public right-of-way along N.W.
20" Street, N.W. 1St Place, and N.W. 1St Court, for an existing structure, built in 1924,
which encroaches into the public right-of-way (hereinafter the "encroachment"); and
WHEREAS, CITY has requested the COVENANTOR to execute and deliver to
CITY this instrument as a condition precedent to its agreeing to the entry of the Final
Judgment granting said temporary easement.
NOW, THEREFORE, in consideration for the CITY agreeing to enter into a Final
Judgment granting the temporary easement, and in further consideration of the
premises, COVENANTOR does hereby covenant and agree with CITY as follows:
COVENANTOR shall maintain the premises and the encroachment in
accordance with the CITY's building codes and other regulations, free of all Code
violations.
COVENANTOR shall provide an insurance policy, in an amount not less than
$1,000,001D,naming the CITY as insured for public liability and property damage, or
provide a certificate including the CITY as an additional insured on an existing
insurance policy for the premises, subject to the approval of the Department of Law.
The insurance shall remain in effect as long as the encroachment exists in the public
right-of-way. Failure to provide the insurance coverage will result in the vacation of the
Final Judgment by the Court and the termination of the easement, and the
encroachment shall be removed in accordance with Section 54-191(c)(2) and (3) of the
City Code.
COVENANTOR does hereby covenant to hold harmless and indemnify the CITY,
its officers and employees for any claims for damage to property and injury to person
arising out of the encroachment or the'temporary easement or any activity carried on in
the encroachment or under the terms of the temporary easement.
Page 1 of 2
02- 870
LOCATION: 164 N.W. 20TH STREET
It is expressly understood and agreed that this instrument shall be binding upon
COVENANTOR and also its heirs, successors -in -interest or assigns of COVENANTOR,
and shall be a condition implied in any conveyance or other instrument affecting the title
to the aforesaid property or any portion thereof.
This covenant shall not terminate sooner than the termination of the temporary
easement as provided for in the Agreed Final Judgment Granting Temporary Easement,
entered in the Circuit Court for the 11th Judicial Circuit, in and for Miami -Dade County,
Florida, Case No.: 01-22574 CA 03.
IN WITNESS WHEREOF, the COVENANTOR has caused these presents to be
executed and signed the day and year first above set forth.
Signed, Sealed and Delivered In the presence of:
OWNER:
First Witness
Print Name
Print Address
City, State and Zip Code
Second Witness
Print Name
Print Address
City, State and Zip Code
STATE OF FLORIDA )
COUNTY.& MIAMI-DADE)
GLOBAL HOLDINGS
INTERNATIONAL, INC.
The foregoing instrument was acknowledged before me this day of , 2002
A.D., by , as President for GLOBAL HOLDINGS
INTERNATIONAL, INC.
Signature of Notary Public
Print, type or stamp Commissioned Name
Personally known to me or who produced
identification and who did (did not) take an oath.
Type of Identification Produced
Page 2 of 2
02- 870
as
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the Commission of the City of Miami, Florida, on July 25, 2002,
at 9:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami,
Florida, to obtain input from any interested parties pertaining to granting a temporary easement
running with land into the dedicated public right-of-way of N.W. 20th Street at N.W. I" Place and
N. W. I't Court.
All interested persons are invited to appear and may be heard concerning granting the temporary
easement. Should any person desire to appeal any decision of the City Commission with respect
to any matter considered at this hearing, that person shall ensure that a verbatim record of the
proceedings is made including all testimony and evidence upon which any appeal may be based.
Priscilla A. Thompson
City Clerk
Miami, Florida
02- 870
CITY OF MIAMI 12 A
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney +,
DATE: July 11, 2002
RE: Proposed Resolution for July 25, 2002 City Commission Meeting
Stipulation and Agreed Final Judgment granting a temporary easement
running with the land into the dedicated public right-of-way of N.W. 20th
Street at N.W. I" Place, and N.W. I" Court. (J-02-574)
The attached proposed resolution authorizes the City Attorney to enter into a Stipulation
and Agreed Final Judgment, settling the pending quite title action and granting a temporary
easement running with the land into the dedicated public right-of-way of N.W. 20th Street at
N.W. 1st Place and N.W. 1St Court. The temporary easement is necessary to correct title defects
concerning a 1924 historic structure, which, due to a subsequent replat and attendant dedication,
erroneously placed the immediate corners of the historic structure within the dedicated public
right-of-way. The temporary easement will be extinguished upon the demolition or destruction
of the historic structure. The temporary easement is also subject to the owner of the historic
structure, Global Holdings International, Inc., executing a covenant to run with the land, in
substantially the attached form, in accordance with the City Code requirements.
Global Holdings International, Inc., filed suit to quit title to the property in question. The
granting of the temporary easement would resolve the matters in controversy and settle the case.
Accordingly, I recommend the settlement.
WRB:kdw:mayor & commission
02- 870
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the Commission of the City of Miami, Florida, on July 25, 2002,
at 9:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami,
Florida, to obtain input from any interested parties pertaining to granting a temporary easement
running with land into the dedicated public right-of-way of N.W. 20th Street at N.W. 1 S` Place and
N.W. 1 s` Court.
All interested persons are invited to appear and may be heard concerning granting the temporary
easement. Should any person desire to appeal any decision of the City Commission with respect
to any matter considered at this hearing, that person shall ensure that a verbatim record of the
proceedings is made including all testimony and evidence upon which .any appeal may be based.
Priscilla A. Thompson
City Clerk
Miami, Florida
02- 870