HomeMy WebLinkAboutR-84-0541J-64-392
5/7/84
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RESOLUTION NO. 84-541
A RESOLUTION AUTHOR I7-TNG AND PERMITTING
MAYFAIR ITT (A FI.ORTDA GENERAL
PARTNFRSHIP), TO CONSTRUCT AND MAINTAIN A
PEDESTRIAN OVERPASS AND VJALKV,.AY OVER AND
ACROSS Fi-.ORTDA AVFNUE APPRf)XTHIATEI_Y 21 .7
+ FEET WEST 01 THE HONIHILNT LINF OF RICE
'5TREET CONNECTING HAYIAIR ITT WITH
MAYFAIR IV Stfi3JF-CT TO TH[_ F-XI-CUTTON OF A
COVENANT TO RUN WITH THE LAND; SAID
COVENANT TO 13F_ PREPARED 13Y THE CITY OF
MIAMI IN CONFORHANCF WITH THE
REQUIREMENTS OF THE CITY OF IdIAMI LAW
DEPARTMENT AND PUBLIC WORKS D1_PARTMENT.
WHEREAS, Mayfair III (a Florida General Partnership)
hereinafter referred to as "Mayfair III", has requested
permission to construct a pedestrian overpass and walkway
over and across Florida Avenue connecting the building known
as Mayfair III on the South side of Florida Avenue with the
building known as Mayfair IV on the North side of Florida
Avenue; and
WHEREAS, said pedestrian overpass and walkway is to be
located approximately 21.7+ feet West of the Monument Line of
Rice Street with a minimum clearance of 16.5 feet above the
surface of Florida Avenue; and
WHEREAS, Florida Avenue is a public street in the City
of Miami, Florida; and
WHEREAS, Mayfair III agrees to execute a Covenant To Run
With The Land to indemnify, defend, save and hold harmless
the City of Miami from any claims, demands or liabilities of
any nature whatsoever arising out of the construction and
maintenance of said pedestrian overpass and walkway; said
Covenant to be prepared by the City of Miami in conformance
with the requirements of the City of Miami Law Department and
Public Works Department;
NOW, THEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
MAY IU *84,
�kEAS�IihS __
Section 1. Mayfair III (a Florida General Partnership)
is hereby granted permission, subject to the provisions of
the foll.owinq r:ecti_nns, to construct and maintain a
pedestrian over paSr, and wall<Way over and across r"lori.da
Avenue het,ween the hiji Iding known as Playfair III on the South
side of Florida Avenue and the hu.ilding known as P-iayfni.r IV
on the North side of Florida Avenue.
Section 2. Said pedestrian overpass and walkway is to
i
be located approximately 21.7+ feet (Jest of the Monument Line
of Rice Street with a minimum clearance of 16.5 feet above
the surface of Florida Avenue and shall be used for
pedestrian access only.
Section 3. Mayfair III shall forthwith execute a
Covenant To Run With The Land to indemnify, defend, save and
hold harmless the City of Miami from any claims, demands or
liabilities of any nature whatsoever arising out of the
construction and maintenance of said pedestrain overpass and
walkway; said Covenant is to be prepared by the City of Miami
in conformance with the requirements of the City of Miami Law
Department and Public Works Department.
Section 4. If Mayfair III, its successors, or assigns,
shall fail to properly maintain said pedestrian overpass and
walkway so as to allow the same to become a hazard to the
health, welfare and safety of the general public, the City
may, upon written notice in accordance with the terms of the
Covenant referred to in Section 3 hereof, require Mayfair III
to remove said overpass and walkway and restore the
right-of-way of Florida Avenue to a condition satisfactory to
the City.
Section 5. If said overpass and walkway is not removed
as provided in Section 4 of this resolution, then the city
may contract, as agent for Mayfair III, for the removal of
said overpass and walkway; any and all costs incurred by the
City relative to said removal, including restoration of
84-541
Florida Avenue shall constitute a lien and, if not properly
paid, shall he recorded as a lien against all properties
served by sai rf overpass and walkway, including but not
limited to the foilowi.nq
MAYFAIR III (Southerly side of Florida Avenue)
Tract A and a portion of Tract B, M A Y F A I R
SUBDIVISION according to t:he Plat thereof, as
recorded in Plat Boot< 1199 at Page 93, of the
Public Records of Dade County, Florida.
1i617
Lots 9,
10, 11 and 12,
less the South 23.00 feet
thereof,
and Lots 137 149
15 and
16, less the North
5.00 feet thereof, and
less the
West 2.50 feet of
Lots 12
and 13, all. in
Block 2,
WILLIAM A. RICE
SUBDIVISION, according
to the
Plat thereof, as
recorded
in Plat Book 1,
at Page
13, of the Public
Records
of Dade County, Florida.
AND
The 10 foot alley (closed and abandoned by Clerk's
File No. N-42705) lying between the Southern
boundary of said Lots 13, 14, 15 an 16 of the
Northern boundary of said Lots 9, 10, 11 and 12,
less the West 2.50 feet thereof.
MAYFAIR IV (North side of Florida Avenue)
Lots 31, 32 and 33, Block 3, WILLIAM A. RICE
SUBDIVISION, according to the Plat thereof,
recorded in Plat Book 1, Page 13 of the Public
Records of Dade County, Florida;
LESS
The Southern 5
feet of Lots 31, 32 and 33 in Block
3 of WILLIAM A.
RICE SUBDIVISION, according to the
Plat thereof,
recorded in Plat Book 1, at page 13,
of the Public
Records of Dade County, Florida,
together with
the following described Easterly
portion of Lot
31; Commencing at the Southeast
corner of Lot
31, thence run Westerly along the
Northerly Right
of Way line of Florida Avenue as
shown on said
Plat of I,;ILLIAH A. RICE SUBDIVISION;
said line also
heing the Southerly property line of
said Lot. 31 for
a distancr= of 9.50 feet; thence run
in a Northerly
direction along the Westerly base
building line
of Rice Street which is 20 feet
Westerly of and
pzarall(-1 v,,it1) ttre I•ionunrent line of
said Rica Street
for a distanc(• of 155 fret, more
or less to a Point
on the Centk,rlir)e of i. 1U foot
wide Alley, said
Point also hr=incl `a it,r-t Northerly
Of the NC)Ft-her
l y hourrdary l i n(- of said Lat 31,
thencF run in
an IiiSte11 direct ion aI said
Centerline of a
1U foot wide, Alley �j distance of
9.25 feet to a
Point on the Northerly proiongation
of the Easterly property line of said Lot 31;
thence run in
a Southerly direction along the
-3-
84-r541
Northerly prolongation of and the Esterly property
line of said Lot 31 a distance of 155 feet, more or
less to the Point of Reginninq.
Section 6. The pinns for the construction of the
pedestrian overpass and w-1 11wny shal..l. conform to the
requirements of the South F1_orida Rui_Idinq Code and the
ordinances of the City of t1i.nm,i, and the c.onstri)rtinn shall
not commence until, a permit for the construction is approved
by the Department of Fire, Rescue and Inspection Services and
the Department of Public Works
PASSED AND ADOPTED this 10t day of May , 1984.
Maurice A. Ferre
ST:
.�� A
PREPARED AND APPROVED BY:
CrAHK
DEPUTY CITY ATTORNEY
;APPR VEO AS TO FORM AND CORRECTNESS:
TY ATTORNEY
.4=
Felt Ed 1
9
t
-58
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
Howard V.
Gary
April 6, 1984
TO,
City Manager
DATE: FIIF_ .
Request for Pedestrian
SUBJECT: Overpass and Walkway across
Florida Avenue Approximately
21.7 + feet West of the
FROM:
REFERENCES Monument Lane Of Rice Street
Don616 W.
Cather
ENCLOSURES: (For Commission Meeting of
Director
of Public
Works May 10, 1984)
The Department of Public 1•1orks recommends
adoption of the. 1-csolution authorizing and
permittinc, T1:I7 Florida general
1 d A
partnership, to con �r-I��tic�. �-1�i�i tn��i_n�,��in a
pedestria n) ov<>r'pt�..,. -,nc over nmid
across Fl.ord&3 Avc�nu
feet of the 11ollu;nent. 1_,illc- of RiCe
Street connecting fljayfair 13.1 with 11arfair
IV.
Mayfair III has requested permission
overpass and walkway over and across
Mayfair III on the South side of Florid
a
The pedestrian overpass and walkway is proposed to be located
approximately 21.7 + feet West of the Monument Line of Rice Street
with a minimum clearance of 16.5 feet above the surface of Florida
Avenue. Florida Avenue is a public street in the City of Miami
and is under the jurisdiction of the City.
Mayfair III agrees to execute a covenant to run with the
land to indemnify, defend, save and hold harmless the City
of Miami from any claims, demands or liabilities of any
nature whatsoever arising out of the construction and
maintenance of said pedestrian overpass and walkway. The
covenant will be prepared by the City of Miami and conform
with the requirements of the City of Miami Law Department
and Public Works Department.
84--5 41.
Howard V. Gary April 6, 1984
In the event that Mayfair III, its heirs, successors, or
assigns, shall fail to properly maintain the pedestrian
overpass and walkway so it becomes a hazard to the health,
welfare and safety of the general public, the City may,
upon proper notice, require Mayfair III to remove said
overpass and walkway and restore the right of way of
Florida Avenue to a condition satisfactory to the City.
If Mayfair III fails to remove said overpass and walkway
upon proper notice, then the City may contract .for the
removal of the ovcrpa r, and walkway. Any and all costs
incurred b5 the Ci.tY relative to said rer+aovrl, including
restoration of 1'lori.,,day AVcI11)e, S 11-;II t)e placed -:r a 1.ien
against all. hrf.. peri l c. :C3I`vPCI 1`v the Ov r p_ .
The plc-A).,:� J"or th(iol, the Ovorpass
and wlall:w(i ;.;lr��� J irCa�7f'(�rrri t.o t.h� r�equi,rc-r�rcr�t � c>f tlrc South
Florida Iaui l(JS-r.r (.;tic. C', thc� J.at;'; of tIhc Ci.t.y of Niami, and
be approved for ") 1)( r-rr)i t by the Departmcnts of Fire Rescue
and Inspection Services and Public 1,Jorl<s.
RB:td
cc: 11anuel Alvarez
84•-541