HomeMy WebLinkAboutR-95-0743J-95-359
10/17/95 9 5- 743
RESOLUTION NO. _
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
SPECIAL WARRANTY DEED FROM FLORIDA POWER AND
LIGHT COMPANY DATED OCTOBER 16, 1995
CONVEYING TO THE CITY OF MIAMI TRACT 2 OF THE
RIVERSIDE PLAZA PROPERTY AND THE SPECIAL
WARRANTY DEED FROM ALANDCO, INC., CONVEYING
TO THE CITY OF MIAMI TRACT 1 OF THE RIVERSIDE
PLAZA PROPERTY PROPERTIES, AS BOTH PROPERTIES
ARE MORE PARTICULARLY DESCRIBED IN SAID DEEDS
AND HEREIN; APPROVING AND RATIFYING THE
ATTACHED GRANT OF EASEMENT TO FLORIDA POWER &
LIGHT COMPANY, EXECUTED BY THE CITY MANAGER
IN CONNECTION WITH THE ACQUISITION OF SAID
PROPERTIES.
WHEREAS, On July 13, 1995, the City Commission adopted
Resolution No. 95-527 thereby authorizing the City Manager to
enter into an agreement with Florida Power & Light Company (FPL)
for the purchase of certain real property on the Miami River,
located at 400 Southwest 2nd Avenue, Miami, Florida, consisting
of approximately 2.09 acres which have been improved by the
construction of a ten story office building and a seven level
parking garage containing 500 spaces, commonly known as the Miami
Riverside Center, legally described as Tract 2 of the "Riverside
Plaza", according to the Plat thereof, recorded in Plat Book 139,
at page 43 of the Public Records of Dade County, Florida, and
with Alandco, Inc. (ALANDCO) for the purchase of adjacent real
property consisting of two tracts of approximately 1.4027 acres
ATTACH ME►iT (S)
(CH MNED
CITY COMMISSION
MEETING OF
O C T 2 6 1995
Fiesolulion No.
95- 743
and 1.6117 acres, respectively, which are vacant except for
landscaping and two boat docking areas, legally described as
Tracts 1 and 3 of "Riverside Plaza", according to the Plat
thereof, recorded in Plat Book 139, at page 43 of the Public
Records of Dade County, Florida; and
WHEREAS, pursuant to the aforementioned authorization the
parties entered into a Purchase and Sale Agreement dated July 13,
1995, (the "Agreement") as modified; and
WHEREAS, on October 16, 1995 the parties closed the
transaction with respect to Tract 3. and Tract 2 and entered into
an Escrow Agreement with respect to Tract 3; and
WHEREAS, in connection with said closing it was necessary to
correct the legal description of certain existing easements for
construction, operation and maintenance of underground electric
utility facilities under and through Tract 2;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The attached Easement to Florida Power & Light
Company, for construction, installation, and maintenance of
underground electric utility facilities under and through Tract
2, legally described in the attached Easement is hereby ratified
and approved.
2
95- 743
Section 3. The Special Warranty Deed dated October 3.6,
1995 from Florida Power & Light Company conveying to the City of
Miami Tract 2 of the Riverside Plaza. Property, and the Special
Warranty Deed dated October 16, 1995 from Alandco Inc. conveying
to the City of Miami Tract 1 of the Riverside Plaza Property, as
both properties are legally described in said Special Warranty
Deeds, copies of which are attached hereto are hereby accepted.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of October 1995.
ATTEST:
WALTER J.� CITY CLERK
PREPAREDI AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
W359:JOB:kd:csk
95- 743
THIS INSTRUMENT PREPARED BY:
CAROLE FENIN GANGUZZA
KATZ, BAPRON, SQUITERO & FAUST, P.A.
2699 S. BAYSHORE DR., 7TH FLOOR
MIAMI, FL 33133
EAS R-Mmn
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power &. Light Company, a Florida
corporation, its licensees, agents, successors, and assigns, an easement forever
for the construction, operation and maintenance of underground electric utility
facilities (including cables, conduits and appurtenant equipment) to be installed
from time to time; with the right to reconstruct, improve, add to, enlarge,
change the voltage, as well as, the size of and remove such facilities or any of
them within an easement described as follows:
SEE ATTACHED EXHIBITS "A" AND "B"
Together with the right to permit any other person, firm or corporation to
attached wires to any facilities hereunder and lay cable and conduit within the
easement and to operate the same for communications purposes; the right of
ingress and egress to said premises at all times; the right to clear the land and
1 keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning
or dangerous trees or limbs outside of the easement area which; might interfere
with or fall upon the lines or systems of communications or power transmission
or distribution; and further grants, to the fullest extent the undersigned has
i the power to grant, if at all, the rights hereinabcve granted on the land
heretofore described, over, along, under and across the roads, streets or
highways adjoining or through said property.
THIS EASEMENT ALSO INCLUDES THE RIGHT TO INSTALL, OPERATE AND MAINTAIN WITHIN AND
WITHOUT OUR TRANSFORMER VAULTS/MATS AND THEIR ASSOCIATED DUCT LINES CERTAIN
TRANSFORMERS, RACEWAYS, CABLES AND NECESSARY APPURTENANCES FOR FURNISHING
ELECTRIC SERVICE TO US AND OTHERS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS
TO YOUR EMPLOYEES FOR THE PURPOSE OF INSTALLING, OPERATING, AND MAINTAINING THE
ABOVE MENTIONED PART OF YOUR DISTRIBUTION SYSTEM.
IN �NESS WHEREOF, the undersigned has signed and sealed this instrument
on this I� day of October, 1995.
Signed, sealed and delivered
the resence of: CITY OF MIAMI,
a municipal tion
J�and
r%S�U.�Ae✓J By:
] Name: CESAR ODIO
Title: City Manager
ATTfiS 7 -.
WALTER J. FOREMAN, CITY CLERK
APPROVED AS TO FORM ANli C:uxRECTNESS
BY: yJ
A. Qu' Jo s II
City torn y
J
95- 743
A. R. TOUSSAINT & ASSOCIATES. INC.
LAND SURVEYORS
HYDROGRAPHIC SURVEYORS
020 N, E. 126T-+ STREET
NORTH MIAMI. FLORIOA 33161
Harch 30, 1995
LEGAL DESCRIPTION OF EASZMENT: (A)
A PORTION OF TRACT 2 OF "RIVERSIDE PLAZA", ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 139 AT PAGE 43
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
C01,21ENCE AT THE INTERSECTION OF THE WESTERLY LINE OF
TRACT 1 OF SAID "RIVERSIDE PLAZA" AND THE NORTHERLY LINE
OF THE "MIAMI-DADE WATER AND SEWER AUTHORITY AND FLORIDA
POWER AND LIGHT COMPANY UTILITY EASEMENT", AS SHOWN ON
SAID PLAT; THENCE RUN N 50002'52" E, ALONG THE NORTHERLY
LINE OF SAID PLAT EASEMENT FOR 27.00 FEET TO THE POINT OF
BEGINNING OF HEREINAFTER DESCRIBED EASEMENT.
FROM SAID POINT OF BEGINNIN9, THENCE RUN N 02018'26"W
FOR 45.00 FEET; THENCE RUN N 87 41'34" E FOR 12.00 FEET;
THENCE RUN S 02018'26" E FOR 35.74 FEET TO INTERSECTION
WITH NORTHERLY LINE OF SAID PLAT EASEMENT; THENCE RUN
S 50002"52" W, ALONG SAID PLAT EASEMENT, FOR 15.16 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT CONTAINS 485 SQUARE FEET
OF LAND.
PREPARED BY: A.R. TOUSSAINT & ASSOCIATES INC.
LAND SURVEYORS
(Signed) 4 C- Vice President
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR NO. 1683
STATE OF FLORIDA
Ref: Order No. 10991
95- 743
A. R. TOUSSAINT & ASSOCIATES. INC.
LAND SURVE' CRS
HYDRCGRAPWIC SURVSYCRS
620 N. E. 12flTr+ STRECT
NORTM MIAMI, rLOR10A 33161
March 30, 1995
LEGAL DESCRIPTION OF EASEMENT: (B)
A PORTION OF TRACT 2 OF "RIVERSIDE PLAZA", ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT HOOK 139 AT PAGE 43
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WESTERLY LINE OF
TRACT 1 OF SAID "RIVERSIDE PLAZA" AND THE SOUTHERLY LINE
OF THE "MIA111-DADS WATER AND SEWER AUTHORITY AND FLORIDA
POWER AND LIGHT COMPANY UTILITY EASEMENT", AS SHOWN ON
SAID PLAT; THENCE RUN THE FOLLOWING COURSES ALONG SAID
SOUTHERLY EASEMENT LINE FOR N 50002'52" E FOR 42.95 FEET;
THENCE N 61011'34" E FOR 14.19 FEET; THENCE N 70011'34"E
FOR 26.56 FEET; THENCE N 77041'34" E FOR 37.63 FEET;
THENCE N 87041'34" E FOR 6.00 FEET TO THE POINT OF BEGIN-
NING OF HEREINAFTER DESCRIBED EASEMENT:
0FRO14 SAID POINT OF BEGINNING, THENCE CONTINUE
N 87 41'34" E, ALONG SAID SOUTHERLY EASF21ENT LINE, FOR
26.00 FEET; THENCE RLN S 02018'26" E, AT RIGHT ANGLE,
FOR 3.5 FEET, MORE OR LESS, TO THE FgCE OF THE EXISTING
TEN -STORY BUILDING; THENCE RUN S 87 4113411 W ALONG FACE
OF BUILDING, FOR 26.00 FEET; THENCE RUN N 02b1812611 W,
FOR 3.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
ABOVE DESCRIBED EASEMENT CONTAINS 91 SQUARE FEET.
PREPARED BY: A. R. TOUSSAINT & ASSOCIATES INC.
LAND SURVEYORS
(Signed) C. Vice President
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR NO. 1683
STATE OF FLOR?'nA
Ref: Order No. 10991
95- 743
THIS 114STRUMENT PREPARED BY:
CAROLE KENIN GANGUZZA, ESQ.
KATZ, BARRON, SQUITERO & FAUST, F.A.
2699 SOUTH BAYSHORE DRIVE;
SEVENTH FLOOR
MIAMI, FLORIDA 33133
Tax Folio #10-4137-038-0010
------------------------------------ SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA ........................................
SPECIAL WA—RRANTY DEED
THIS SPECIAL WARRANTY DEED made this It � _ day of October, 1995, between
ALANDCO, INC., a Florida corporation ("Grantor") and the CITY OF MIAMI, a
municipal corporation, whose address is 3500 j�affy. 1 Dl-ye. Miami,
Florida 3 3/33 ("Grantee"), and whose Federal Tax Identification Number is
W I T N E S S E T H:
THAT, the Grantor, for and in consideration of the sum of Ten and No/100
($10.00) Dollars, and other good and valuable considerations to it in hand paid
by the Grantee, the receipt of which is hereby acknowledged, has granted,
bargained and sold to the Grantee, its heirs and assigns forever, the following
described real property, lying and being in the County of Dade, State of Florida,
to -wit:
Tract 1 of "RIVERSIDE PLAZA", according to the Plat
thereof, recorded in Plat Book 139, at Page 43 of the
Public Records of Dade County, Florida
This conveyance is subject to the matters more particularly described on
Exhibit "All attached hereto and made a part hereof.
Grantor hereby fully warrants title to the aforedescribed real property and
will defend same against the lawful claims of all persons claiming by, through
or under Grantor, but none other.
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to
be exec ted the day and year first above written.
ALANDCO, INC.,
a Florida corporation
Pri
B
Nam . J S E. HERTZ
Ti e: esident
Ad s: 11770 U.S. Highway #1
North Palm Beach, FL 33408-8801
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
October, 1995, by JAMES E. HERTZ, as Presint of ALANDCO, INC., a Florida
de
corporation, personally appeared before me [ ✓] who is personally known to me,
or [ ) who produced as proof of identification, and who
acknowledged cAfore me that executed the foregoing Special Warranty Deed for
the purposes expressed therein.
My Commission Expires:
(NOTARIAL SEAL]
EF:FIICIAL NOTARY SEAL
ELIA PACHECO
UBLIC STATE OF FLORIDA
SION NO. CC374281
Ii5510N FRCP. 41RY 72,1998
10/16/9S lJdk -\RZ\FPL\06070004\DOCUMXNT\ALANDCO.SYD)
Record & return to:
-- Laura A. Gangemi., Esq.
KIRKPATRICK & LOCKHART UP
Miami Center— Suite 2000
201 South Biscayne Boulevard
Miami, Ficrica 3J131-2305 95 743
RKRIBIT "A"
PERMITTED EXCEPTIONS
1. Taxes and assessments for the year 1995 and subsequent years.
2. Easement in favor of the City of Miami Department of Water & Sewer filed
April 6, 1953 in Deed Book 3743, at Page 114.
3. Right -of -Way Deed in favor of the City of Miami Department of Water &
Sewer filed March 14, 1961 in Official Records Book 2530, at Page 118.
4. Agreement between the City of Miami Department of Water & Sewer and
Florida Power & Light Company filed February 7, 1961 in Official Records
Book 2475, at page 100.
S. Rights, dedications and Florida Power & Light Company Easements, Miami -
Dade Water & Sewer Easements and Riverwalk Easements contained in the
Riverside Plaza Plat, according to the Plat thereof, as recorded in Plat
Book 139, at Page 43.
6. Easement in favor of the City of Miami Department of Water & Sewer dated
March 26, 1953 and recorded in Deed Book 3737, at page 237.
7. That certain Memorandum of Development, Reciprocal Easement and Operating
Agreement dated the lith day of December, 1990 between Alandco Inc., a
Florida Corporation and Miami Real Estate Ventures, Inc. IV, a Florida
corporation, as filed in Official Records, Book 14828, at page 1204, as
amended by First Amendment to Memorandum of Development, Reciprocal
Easement and Operating Agreement filed in Official Records Book 15343, at
Page 3014, and as amended and restated by that Amended and Restated
Development, Reciprocal Easement and Operating Agreement dated even date
herewith by and between Alandco, Inc. and the City of Miami to be recorded
among the Public Records of Dade County, Florida. •
8. That certain Access, Utility and Construction Easement Agreement dated the
llth day of December, 1990, between Alandco Inc., a Florida corporation,
and Miami Real Estate Ventures, Inc. IV., a Florida corporation, as filed
in Official Records Book 14828, at page 1210 (as may be modified or
substituted by that certain unrecorded Easement Substitution Agreement
also dated the llth day of December, 1990, between Alandco, Inc., and
Miami Real Estate Ventures, Inc., IV.) as amended by Amendment to Access
Utility and Construction Agreement filed November 18, 1993 in Official
Records Book 16135, at page 1052.
9. Easement in favor of Florida Power & Light Company filed March 11, 1992 in
Official Records Book 15422, at page 3335.
10. Grant of Easement filed February 5, 1993 in Official Records Book 15803,
at page 4013.
11. Matters appearing on that certain Survey prepared by A.R. TOUSSAINT &
ASSOCIATES, INC., last updated August 8, 1994, and more particularly
described as follows:
a. Encroachment of the northeast corner of the 6 & % story C.B.S.
Parking Garage onto Florida Power & Light Co., platted utility easement
pursuant to Plat of RIVERSIDE PLAZA, recorded in Plat Book 139, Page 43
and located on sheets 2 and 3 of the above mentioned Survey.
b. Encroachment of those certain 6' high concrete walls and sections of
that certain concrete ramp onto Miami -Dade Water & Sewer and Florida Power
& Light Co. platted utility easements pursuant to the Plat of RIVERSIDE
PLAZA, recorded in Plat Book 139, Page 43 and located on sheet 2 of the
above mentioned Survey.
C. tl?3t certain concrete slab, located along the
westerly boundary of the subject propeLty abutti.,g the Miami River, onto
portions of the platted utility easements pursuant to the .Plat of
RIVERSIDE PLAZA, recorded in Plat Book 139, Page 43 and located on sheet
2 of the above mentioned Survey.
d. Encroachment of those portions of asphalt pavement onto a portion of
that certain Easement granted to Florida Power & Light Co., as recorded in
Official Records Book 15422, at page 3335 and located on sheet 3 of the
above mentioned Survey, same being the easement on the Northwesterly
portion of Tract 2 and not that portion underlying the 10 Story Building
and shown on Exhibit A thereto.
e. Encroachment of portions of that certain 10 story C.B.S. building
onto that certain Easement granted to Florida Power & Light Co., recorded
in Official Records Book 15422, at page 3335 and located on sheet 3 of the
above mentioned Survey.
95- 743
i2. Easement in favor of Florida Power & Light Company filed January 24, 1991
in official Records Book 14870, at Page 1718.
13. Any claim that any portion of said lands are sovereignty lands of the
State of Florida, including submerged, filed or artificially exposed lands
and lands accreted to such lands.
1
All recording information refers to the Public Records of Dade County,
Florida.
i
j
i
i
i
10/I6/95 lidk \U\IVL\06070004\DOCVODMWI5IT.I1
95- 743
-IQES FLORIDA DEPARTMENT OF REVENUE
FORMFORM NOTT
'I 'ISS
ACCEPTABLE RETURN FOR 1R 1tiSFT RS OF INTf;RF,-ST INN RKAL PROPERTt'
PLEASE RE.-kD INS'IRUC-nONS ON T11E BAt,'R OF "I111S FORNI BEFORE CONI'
-- THIS is a MACNIFIE L READE ELF RI FO,. c HANO RE NnN', -- +CjqE�
Hx
G H IJ KVPING THIS DOCUMENT CARRIAGE RETURN ANO THIS D(A'AACHI oLEASE PRINT RIVI ENS DPR 1 LLYE THROUGH THE HANDPRINT BOXESWITHIN THE BOXES AS SHOWN 4T RIGHT. 5 Y nI 7
IS THIS A MULT!•PARCEL
TRANSACTION'S
PHONE
NO
DAT
IJ ; H!S I HANSA( —i !ON A
SPLIT OR CUTOUT FROM
p
1 ■ lh >( 9 a D PROPERTY LOCATED IN: COUNTY, FLORIDA j
,.I,",n -. a• .,a. � , CCL IT. _OCES ON RE'dERSEI I
6. TYPE OF DOCUMENT Warranty Quit Claim Contract /Agreement
—� Deed Deed for Deed Other
TO THE BEST OF YOUR KNOWLEDGE. WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK IX} BY THOSE THAT APPLY:
7. rite Detects SalelTransfer Related to Seller SaI&Transfer
under Duress by Court Order
Mineral Rights Foreclosure SalwTransfer of a Other
Partial or Undivided Interest / No Explanation)
t Needed
Institutional /
Residential Commercial Industrial Agricultural Miscellaneous Govemment Vacant Acreage
B. PropeMark (X) those
that apply
TO THE BEST OF YOUR KNOWLEDGE, IF "YES", PLEASE STATE THE
g. WAS UNUSUAL PERSONAL ---0. YES NO 0. AMOUNT ATTRIBUTABLE TO —!
PROPERTY !NCLUDED +N THE SALE? I THE PERSONAL PROPERTY
AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENTS 10 S / D
WAS PROPERTY
IF ITEM NUMBER 10 is *ZERO". IS DEED EXEMPT FROM DOCUMENTARYIMPROVED
STAMP TAX UNDER s201 02(6). FLORIDA STATUTES7 YES 11/1
®NOYESN/1� WITH BUILDING(S) AT0NOTIME OF SALE')
J
I HEREBY CE If,Y MAT,-ILf1S RETURN H EEN NED BY ME AND TO THE BEST OF MY KNOWEEDGE AND BELIEF IS A TRUE AND COMPLETE RETURN.
t �jo J
� 'NARNIIG °41L 7PE -C 'YE 'HIS RETS/pN S ALL RESUL r N A LTY OF 525 X :!V 4001TION TO 4 N Y OTHER PENALTY IMPOSED BY THE RE VEA40t LAWS F zLORIDA
TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP
O.R. BOOK ! AND t FILE NUMBER
ANDH4;
'AGE NUMBER> 4 DRTFI E NO. RECORDED
THIS INSTRLTSEN,r PREPARED BY:
CAROLE KENIN GANGUZZA, ESQ.
KATZ, BARRON, SQUITERO & FAUST, P.A.
2699 SOUTH BAYSHORE DRIVE
SEVENTH FLOOR
MIAMI, FLORIDA 33133
Tax Folio #10-4137-038-0020
------------------------------------SPACE ABOt7 THIS LINE RBSRRVBD FOR RECORDING DATA..........
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this lb "—day of October, 1995, between
FLORIDA POWER a LIGHT COMPANY, a Florida corporation ("Grantor") and the CITY OF
MIAMI, a municipal corporation, whose address is 3e,00 PVA er tun D6ye-1
Miami, Florida 3 5133 ("Grantee"), and whose Federal Tax Identification
Number is
W I T N E S S E T H:
THAT, the Grantor, for and in consideration of the sum of Ten and No/100
($10.00) Dollars, and other good and valuable considerations to it in hand paid
by the Grantee, the receipt of which is hereby acknowledged, has granted,
bargained and sold to the Grantee, its heirs and,assigns forever, the following
described real property, lying and being in the County of Dade, State of Florida,
to -wit:
Tract 2 of "RIVERSIDE PLAZA", according to the Plat
thereof, recorded in Plat Book 139, at Page 43 of the
Public Records of Dade County, Florida
This conveyance is subject to the matters more particularly described on
Exhibit "A" attached hereto and made a part hereof.
Grantor hereby fully warrants title to the aforedescribed real property and
will defend same against the lawful claims of all persons claiming by, through
or under Grantor, but none other.
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to
be executed the day and year first above written.
FLORIDA POWER & LIGHT COMPANY,
a Florida corporation
Prin
Pri
By:
Namf. J S E. HERTZ
Tit ice President
Address: 11770 U.S. Highway #1
North Palm Beach, FL 33408-8801
STATE OF FLORIDA
} SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
October, 1995, by JAMES E. HERTZ, as Vice President of FLORIDA POWER & LIGHT
COMPANY, a Florida corporation, personally appeared before me [ ✓] who is
personally known to me, or [ ) who produced as proof of
identification, and who acknowledged before me that lie executed the foregoing
Specia Warr3nr Deed for 'she purznses expro-is,.d therE:.n.
11"'�
My Commission Expires: Kiz11X0
[NOTARIAL SEAL)
OFFICIAL NOTARY 52AL,
CELIA PACHECO
NOTARY PL'B'..IC STA E OF FLCRIDA
CCKA.MLSS;ON NO. CC-Z,7C31
yY COMv ,4 SSJON EY ? %I A e :'." I
io/i6/96 (Idk •1,Ri\FPI,\0607o004\DOCUImff\SMDK= rVL)
FKIC, STA OF FLORIDA A'
e�L 0&67
Record & return n to:
Laura A. Gang'Eiai., ESq.
KIRKPAT'RICK & LOCKHART LLP
Miami Center --Suite 2rD00
201 South Biscayne Boulevard
95- 743
EXHIBIT "A"
PERMITTED EXCSPTION9
1. "Taxes and assessments for the year 1995 and subsequent years.
2. Easement in favor of the City of Miami Department of Water & Sewer filed
April 6, 1953 in Deed Book 3743, at Page 114.
3. Right -of -Way Deed in favor of the City of. Miami Department of Water &
Sewer filed March 14, 1961 in Official Records Book 2530, at Page 118.
4. Agreement between the City of Miami Department of Water & Sewer and
Florida Power & Light Company filed February 7, 1.961 in Official Records
Book 2475, at page 100.
5. Rights, dedications and Florida Power. & Light Company Easements, Miami -
Dade Water & Sewer Easements and Riverwalk Easements contained in the
Riverside Plaza Plat, according to the Plat thereof, as recorded in Plat
Book 139, at Page 43.
6. Easement in favor of. the City of Miami Department of Water & Sewer dated
March 26, 1953 and recorded in Deed Book 37.37, at page 237.
7. That certain Memorandum of Development, Reciprocal Easement and Operating
Agreement dated the llth day of December, 1990 between Alandco Inc., a
Florida Corporation and Miami Real Estate Ventures, Inc. IV, a Florida
corporation, as filed in Official Records Book 14828, at page 1204, as
amended by First Amendment to Memorandum of Development, Reciprocal
Easement and Operating Agreement filed in Official Records Book 15343, at
Page 3014, and as amended and restated by that Amended and Restated
Development, Reciprocal Easement and Operating Agreement dated even date
herewith by and between Alandco, Inc. and the City of Miami to be recorded
among the Public Records of Dade County, Florida.
B. That certain Access, Utility and Construction Easement Agreement dated the
lith day of December, 1990, between Alandco Inc., a Florida corporation,
and Miami Real Estate Ventures, Inc. IV., a Florida corporation, as filed
in Official Records Book 14828, at page 1210 (as may be modified or
substituted by that certain unrecorded Easement Substitution Agreement
also dated the lath day of December, 1990, between Alandco, Inc., and
Miami Real Estate Ventures, Inc., IV.) as amended by Amendment to Access
Utility and Construction Agreement filed November 18, 1993 in Official
Records Book 16135, at page 1052.
9. Easement in favor of Florida Power & Light Company filed March 11, 1992 in
Official Records Book 15422, at page 3335.
10. Grant of Easement filed February 5, 1993 in Official Records Book 15803,
at page 4013.
11. Matters appearing on that certain Survey prepared by A.R. TOUSSAINT &
ASSOCIATES, INC., last updated August 8, 1994, and more particularly
described as follows:
a. Encroachment of the northeast corner of the 6 & )4 story C.B.S.
Parking Garage onto Florida Power & Light Co., platted utility easement
pursuant to Plat of RIVERSIDE PLAZA, recorded in Plat Book 139, Page 43
and located on sheets 2 and 3 of the above mentioned Survey.
b. Encroachment of those certain 6' high concrete walls and sections of
that certain concrete ramp onto Miami -Dade Water & Sewer and Florida Power
& Light Co. platted utility easements pursuant to the Plat of RIVERSIDE
PLAZA, recorded in Plat Book 139, Page 43 and located on sheet 2 of the
above mentioned Survey.
C. Encroachment of that certain concrete slab, located along the
westerly boundary of the subject property abutting the Miami River, onto
portions of the platted utility easements pursuant to the Plat of
RIVERSIDE. PLAZA, recorded in Plat Book 139, Page 43 and located on sheet
2 of the above mentioned 5u:_,'t-_y.
d. Encroachment of those portions of asphalt pavement onto a portion of
that certain Easement granted to Florida Power & Light Co., as recorded in
Official Records Book 15422, at page 3335 and located on sheet 3 of the
above mentioned Survey, same being the easement on the Northwesterly
portion of Tract 2 and not that portion underlying the 10 Story Building
and shown on Exhibit A thereto.
e. Encroachment of portions of that certain 10 story C.B.S. building
onto that certain Easement granted to Florida Power & Light Co., recorded
in Official Records Book 15422, at page 3335 and located on sheet 3 of the
above mentioned Survey.
12. Easement in favor of Florida Power & Light Company filed January 24, 1991
in Official Records Book 14870, at Page 1718.
�5e 743
13, Any claim that any portion of said lands are sovereignty lands of the
State of Florida, .including submerged, filed or artificially exposed lands
and lands accreted to such lands.
14. Easement of even date herewith made by the City of Miami in favor of
Florida Power & Light Company to be recorded among the Public Records of
Dade County, Florida.
All recording information refers to the Public Records of Dade County,
Florida.
OS FOR EST FLORIDA DEPAR.TMEN'T OF REVENUE -1 '694 1111
-IIS FOAM NOT
ACCEPTABLE RETT_ R.N FOR-M-VNSFT_RS OF INIT=RFS-T 11i REAL PROPIERTn'
PLEASE RE,%D_LNSTRUCFIONS Oh' IT{E BACK OF TIUS FORM BEFORE CONtPLETLNG
'ING THIS DOCUMENT CARRIAGE RETURN AND HIS ID AMACHINE READABLE TORN F HAHD rCFULLG i C n E F G H IMFM,,, C F' Q Q
THROUGH THE HANDPRINT BOXES THIS DOCUMENT PLEASE CLE I' VUMBEPS CAREFULLY
WITHIN THE BOXES AS SHOWN AT RIGHT .5 T Ll V X S b l $ q
)ARCEL
IDENTIFICATION
CUMBER
S THIS A MULTI -PARCEL
-RANSACTION?
S THIS TRANSACTION A
SPLIT OR CUTOUT FROM0-
NO
MOTHER PARCELS --
'; ES
NO
_ast `,ame
_ i_
-,rst Name
N I.
GRANTOR
QIHONE
NO
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GRANTEE
01
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TO THE BEST OF YOUR KNOWLEDGE,'NERE THERE UNUSUAL CIRCLMS T ANCES OR CONDITIONS TO THE SALE. MARK (X) BY THOSE THAT APPLY:
Title Defects Sale(rransfer Related to Seller SaI&Transfer
under Duress by Court Order
Mineral Rights Foreclosure SalelTransfer of a Other
Partial or Undivided Interest No Explanation
Needed
Institutional /
Residential Commercial Industrial ! Agricultural I Miscellaneous Government Vacant Acreage
Proety Type:
Mark p those
I that
TO THE BEST OF YOUR KNOWLEDGE, IF "YES", PLEASE STATE THE
WAS UNUSUAL PERSONAL --�0► YES NO ,� AMOUNT ATTRIBUTABLE TO
I
0
`0
PROPERTY �NCLjCED N THE SALE. THE PERSONAL PROPERTY e
AMOUNT OF DOCUMENTARY STAMPS TO BE AFFIXED TO DOCUMENT? —i
WAS PROPERTY
IF ITEM NUMBER 10 Is 'ZERO'. IS DEED EXEMPT FROM DOCUMENTARY y IMPROVED
STAMP TAX UNDER s201 0 , FLCRIDA STATUTES? VESemo NO WITH BUILDING(S) AT
emmm� YES a% NO
I HEREBY CERTIFY AT T tS RETURN HAS
A= 01 '-pdoes Agent
.yARMNG FAILURE TO FILE 'HIS RETURN SHALL
BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE AND COMPLETE RETURN.
1
1 Date
7-'N A PEVAL TY OF 525 �0 N :DDIT'ON TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAWS OF FLCRIDA
'O BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S -DATE STAMP
I
Q.R. BOOK 1P . AND, d FILE NUMBER __
AND `+./� i
kGE NUMBER D 4 DATE BOOK & PAGE NO., I
r OR FILE NO. RECORDED
CITY OF MIAMI, FLORIDA 41
INTER-OFFICE MEMORANDUM
TO The Honorable Mayor and DATE October 19, 1995 FILE
Members of the City Commission
FROM : Cesar H.
City Manag
R—E OMNIENDATION
SUWECT Acceptance of FPL Deeds
and Approving Grant of
Easement
REFERENCES.
ENCLOSURES
It is respectfully recommended that a resolution be passed accepting the special warranty
deed from Florida Power and Light Company dated October 16, 1995 conveying to the
City of Miami Tract 2 of the Riverside Plaza Property and the special warranty deed from
Alandco, Inc. conveying to the City of Miami Tract 1 of the Riverside Plaza Property and
approving and ratifying the attached grant of easement to Florida Power & Light
Company.
BACKGROUND
On July 13, 1995, the City Commission adopted Resolution No. 95-527 thereby
authorizing the City Manager to enter into an agreement, as modified, with Florida Power
& Light Company (FPL) for the purchase of certain real property on the Miami River,
located at 400 Southwest 2nd Avenue, Miami, Florida, consisting of approximately 2.09
acres which have been improved by the construction of a ten story office building and a
seven level garage containing 500 spaces, commonly known as the Miami Riverside
Center, and, with Alandco, Inc. for the purchase of adjacent real property consisting of
two tracts of approximately 1.4027 acres and 1,6117 acres, respectively. On October
16, 1995, the parties closed on the transaction to purchase the Property and in connection
with said closing, a non-exclusive grant of easement through and under the Property was
executed and is presented for your ratification.
95- 743