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1 dItY OP MIAMI. PLORIDA 77
INTER -OFFICE MEMORANDUM
r
ro. Honorable Mayor and Members cATE. J U N 0 3 1987 "LE;
of the City Commission
sunitcT Resolve Issues Concerning
the Previous Closure of N.E.
31 Street Between Biscayne
PROM. REFERENCES: Boulevard and N.E. 2 Avenue
Cesar H. Odio Covenant and Affidavit
C i ty Manager ENCLOSURES:
A discussion item has been placed on the City Commission agenda
to resolve the remaining issues concerning the closure of M.E. 31
Street between Biscayne Boulevard and N.E. ? Avenue.
On October 22, 1981 the City Commission passed and adopted
resolution 81-915 closing N.E. 31 Street between Biscayne
Boulevard and N.E. 2 Avenue as one of the conditions for approval
of the tentative plat of Executive Plaza. At the Commission
meeting the owners proffered a voluntary covenant to run with the
land. One of the provisions of the covenant was that the
property owners would "provide improvements, public benefits and
amenities on or within the general vicinity of the Roadway, as
mutually determined between the City of Miami Administration and
the Covenanter, in an amount of at least $200,000."
On April 28, 1983 the City Commission passed and adopted
resolution 83-347 accepting the plat entitled Executive Plaza.
On February 17, 1984 the voluntary covenant was amended as
approved by the City. The previously quoted provision remained
the same. A copy of the amended covenant is attached.
On SEptember 4, 1986 the property owners submitted an affidavit
of improvements, public benefits and amenities totaling $205,000
that they claim satisfy the requirements of -the covenant. The
Public Works Department does not concur. On the right hand side
of the affidavit (copy attacTed) is the Department of Public
Works list of qualifying costs for improvements, public benefits
and amenities. The total cost of the items on the department's
list is only $160,000, which is S40,000 less than the minimum
established in the covenant.
91.024 PN31IT 80058482
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AME NDW OWaWn RLIIVING t,, l:,U L 4M
The Covet herein amends and supercedes the Covenant Running with
Land in favor of the City of Miami Department of Public: Works, executed
on October 22, 1981, znd recorded August 23, 1982, in Official 'Records
Book 11579, Page 199, of the Public Records of Dade County, Florida.
Ronald R. Fieldstcne, as Trustee and on behalf of the owners of
the properties on the north and south sides of N.E. 31st Street between
Biscayne Boulevard anc. N.E. ?nd Avenue, the legal description of which
is set forth in Exhibit A attached hereto, hereby, on behal of himself,
his beneficiaries, principals and their respective heirs, successors and
assigns, hereby voluntary covenants to: (1) maintains the Roadway in per-
petuity in accordance with basic standards established by the City of
Miami., Department of Public Works; and (2) provide inprovements, public
benefits and amenities on or within the general vicinity of the Roadway,
as =ttally determined between the City of Miami Administration and the
Covenantor, in an amotait of at least $200,000.00. The provision requir-
ing public vehicular access on what is now kznown as N.E. 31st Street
(the "Roadway") betwet•n the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m.
to 6:00 a.m. on weekdays, except holidays, as set forth in the original
Covenant Running with Land is hereby deleted.
The Amended Coven nt is intended to run wit the land.
ROMU R. , Trustee
Sworn to and subs :ribed before me this I - day of
1984.
NOTARY PUBLIC STATE OF A•" e d
AT LARGE r �� •�
My C=rdssion Expires: NOIARY iWLIC STATE Of FLORIDA AT LARGE Q ,.• ,ti.
n�wN ExPIKtS SOT 23 1965 C'
�JI,UU Inftu .,c..trwl InS. �140C4WRIiEU
This Amended Cove-=t Runing With Land is hereby accepted and approved
by the City of Miami Department of Public Works.
qitq of .•tiami Depart:rencr�jbi.ic :corks
I
1 �I
!rector
BeEOre me _ _ ��'cr;_�^..a ���:
_�_ed
J;-,�► 1: Li%i �L' - --
�.'��,
as Director of
duly sworn by me ^n c atz. e;:cses
and says
-~at he
t::ecuted :he
instztmnt on behalf of said . Ii
:ipalit r ,
i_n his
rept:esevzative c.- c :._
with full authority to so �-,o and
for the lxies
and
oc:^oses herein _•�;
this 1 -7 day of FEbruarv. LQ84.
My Commission E;tpire: :
rIbTAkl rUSLIC ST;CE G: GL�,;34 At LARGE
MYCot„ti.IS510:1E". "„_ _ 1/0i
BONDED TMRU GEnWL 1-., ,r,1 4,41 (ERS
t-KMkRY PUBLIC, 67A'''E OF FLORLDA C'C
LARGE
E
N.;vgL � J.
p<< n*28sr
a
RE.- All of tat I lyiqj West of Biscayne Boulevard and
Lots 2 dwough 10 inclusive of Block 2, Broadn=,
Plat book 2, Page 37 and Lots 3 and 4, less the
West 10 feet of Lot 4 and less the North 1/2 of
the alley lying South of and adjacent to Lots 3
and 4, Block 3, Broadmor, Plat Book 2, Page 37,
and Tract B Ratak Subdivision, Plat Book 85, Page
45, all of the Public Records of Dade County,
Florida.
WO -Oat #ran" afth
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IUCHARD P. 8fli,,vXE%
CLUA CIKUII COUIU—
i
i
STATZ OF rtORI DA )
883
COUNTY OF DA DE )
DAV70 M. FIELDSTONE, FIRST DULY SWORN DEPOSES AND SAYS:
TRAT to the best of his knowledge and belief, the following
is a list of the costs related to the covenant of October 22,
1981 concerning Resolution No. 81-915.
1. Plans, abstracts, surveys, permits, etc. $ 110000
2. Tree removal, planting and maintenance 30,000
3. Demolitior and lot clearing
4. Bank charges (L.C., etc.)
11,000
1,000
5. Installation of waterlines and
related matters 750000
6. Paving work /nee-,,/-rP 25,000
7. Sidewalk work �P96
i��� 4.lv ee ssc 20, 000
8. Fencing work 10,000
9. Project management 22,000
Total S 205,000
FURTHER AFFIANT SAYETR NOT.
!L' 1-1e-
Fieldstone
SWORN TO and SUBSCRIBED before me this
4th day of September , 1986.
Not Public, State of 1 ida
My Commission expires:
( 74/AFF) Notprr c ,..; . ' .
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