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HomeMy WebLinkAboutR-84-0102 J-84-4 RESOLUTION NO. ~`4"lai~ A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF SOUTHEAST 4TH STREET LYING NORTHEAST OF THE EAST RIGHT OF WAY LINE OF SOUTH MIAMI AVENUE FOR A DISTANCE OF f 252 FEET, AND ALSO VACATING AND RELEASING ANY RIGHTS THE CITY OF MIAMI MAY HAVE TO PORTIONS OF SOUTHEAST 4TH STREET PURSUANT TO THE LEASE RECORDED IN DEED BOOK 940, AT PAGE 555, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO THE CONDITION THAT SOUTHEAST 4TH STREET REMAIN OPEN PURSUANT TO A TEMPORARY EASEMENT UNTIL EITHER THE RELOCATION OF SOUTHEAST 4TH STREET IS COMPLETED, OR A TEMPORARY ROADWAY AND EASEMENT AT THE NORTHERLY END OF THE PROPERTY IS ESTABLISHED AND APPROVED BY THE CITY PENDING THE COMPLETION OF THE RELOCATION OF SOUTHEAST 4TH STREET, ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1223 "RIVERFRONT CENTER". WHEREAS, the Miami Zoning Board at its meeting of December 5, 1983, Item No. 4, following an advertised hearing, adopted Resolution ZB-186-83 by a 6 to 0 vote RECOMMENDING official vacation and closure of a portion of a street as hereinafter set forth, subject to the condition that Southeast 4th Street remain open until either the relocation of Southeast 4th Street is com- pleted or a temporary roadway and easement at the northerly end of the property is established and approved by the City pending the completion of the relocation of Southeast 4th Street; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of the street and deems it advisable to do so subject to the condition hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Southeast 4th Street, lying northeast of the east right of way line of South Miami Avenue for a distance of ± 252 feet as more particularly described on Exhibit "A" attached CITY COMMISSION MEETING OF JAN 26 1984 RESOLUTION No. ~~~~02 REMARKS. ,-.~ hereto is hereby closed, vacated, abandoned, and discontinued for public use and any rights the City of Miami may have to portions of Southeast 4th Street pursuant to the Lease recorded in Deed Book 940, at Page 555, of the Public Records of Dade County, Florida, are hereby vacated and released, subject to the condition that Southeast 4th Street remain open pursuant to a temporary easement in substantially the form attached hereto as Exhibit "B", until either the relocation of Southeast 4th Street is completed or a temporary roadway and easement at the northerly end of the property is established and approved by the City pending the com- pletion of the relocation of Southeast 4th Street as set forth in the temporary easement attached hereto as Exhibit "B", all as condition of approval of tentative Plat #1223 "RIVERFRONT CENTER". PASSED AND ADOPTED this 2bth day of January , 1984. Maurice A. Ferre MAURICE A. FERRE, Mayor ATTEST: _~~ ~ RALP G. NG City Clerk PREPARED AND APPROVED BY: ~, 'I ~'~ t^~ t ~1 ~,~ ti J . . IRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: ~ ~ ty Attorney 2 84~~.A to RESOLUTION N0. A portion of 5.E. 4th Street as shorn on the t4ap of S.E. 3RD STREET AlID S.E. 47H STREET, recorded in Plat Dook 63 at Page 78 of the Public Records of Oade County, Florida, being snore particularly described as follows: BEGIN at the Northwesterly corner of Tract 1 of AMENDED PLAT OF QLOCK 2- FORT DALLAS COMMERCIAL CENTER, according to the plat thereof recorded in Plat Book 41 at Page 43 of the Public Records of Oade County Florida; thence run N 55'54'15" E, along tl~e North-•:esterly line of said Tact 1, for a distance of 252.96 feet to the Northeasterly corner of said Tract 1; thence run N 02°19'00" t•!, along the lJortheriy prolongation of the East line of said Tract 1, fora distance of 53.97 feet to tl~e ~c«t!~easterly corner of Lot 12 in Black 1 of FORT DALLAS COMMERCIAL CE~:TER, according to the plat t!Zereof recorded in Plot Gook 30 aL Page 15 of the Public P.ecords of Dade County, Florida; thence from a tangent bearing of S 72°24'58" 4!, run Southwesterly along the Southeasterly line of said Dlock 1 and along the arc of a circular curve concave to the Southeast, having a radius of 100.00 feet, through a central angle of 16°30'43", for an arc distance of 28.82 feet to a point of tangency; thence run S 55°54'15" 41, along the Southeasterly line o` said Bloc k• 1•, fora das•tance of 1.95,04 ~feet• tc the •,.~tini: ti•f c;~rvatG~'2 of a circular curve to the right; thence from a tangent bearing of S 55°54'15" 1~, run Southwesterly to North~resterly along the arc of said circular curve to the right, having a •radius of 15.00 feet, througtr a central an•gTe' of 75'53' 22" for an arc distance of 19.87 feet to the point of intersection with the arc of a circular curve concave to the East; thence from a tangent bearing of S 04°45'50" W, run Southerly along the arc of said circular curve concave to the East, having a radius of 1090.67 feet, through a tentral angle of 00°30'39", for an arc distance of 9,72 feet to the point of compound curvature with the arc of a circular curve to the left; thence from a tangent bearing of 5 04°15'11" t~, run Southerly along the arc of said circular curve to the left, having a radius of 782.60 feet, through a cent-•al angle of 02°y5'15" for an arc distance of 37.62 feet to Lhe point of intersection :rith the northerly prolongation of the 1•lest line of said Tract 1; thence run S 02°19'00" E, along the northerly prolongation of the 1•lest line of said Tract 1, fora distance of 27.88 feet to the North~•:esterly corner of said Tract 1 and the POINT OF BEGINNING. Containing 12,657 square feet, more or less. ~~~`1~~ EXHIBIT "B" ~ Jt,~~„~O to RESOLU_ION N0. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made as of the 26th day of January, 1984 between ARMANDO CODINA, Individually and as Trustee ("Grantor") and THE CITY OF MIAMI, a municipal corpora- tion ("Grantee"). W H E R E A S: A. Grantor is the fee simple owner of that certain parcel of land located in Dade County, Florida, more parti- cularly described in Exhibit "A" attached to and made a part hereof (the "Easement Area"). B. The Easement Area is presently used by Grantee as a portion of Southeast Fourth Street, a public right-of-way, however, Grantee is about to vacate and abandon all of its interest in the Easement Area. C. The parties intend that Southeast Fourth Street shall be relocated over property north of the Easement Area (i.e. portions of Tracts "B" and "Relocated S.E. 4th St." of the proposed Plat of RIVERFRONT CENTER), however, the parties wish to provide for temporary use of the Easement Area by Grantee for the period after formal vacation of Grantee's presently existing rights to the Easement Area and until such time as an alternate route for traffic presently using South- east Fourth Street is made available to Grantee. In this regard, subsequent to Grantee vacating its rights to presently existing Southeast Fourth Street, a temporary roadway (the "Temporary Roadway") will be constructed north of the Easement Area and utilized for traffic presently crossing over existing Southeast Fourth Street until a permanent roadway is constructed north of the Temporary Roadway, as described above. The Temporary Roadway will be the subject of a separate agreement between Grantor and the Florida Department of Transportation or another appropriate governmental agency. D. The parties desire that all rights granted by this Easement shall terminate automatically upon the opening of the 1 84-1t~ c ~T 'fie r ~ ~` Temporary Roadway, without any further ratification, release, or action, by Grantee. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Grantor hereby grants to Grantee a temporary easement for pedestrian and vehicular traffic over the Easement Area (the "Easement"), however, the term of the Easement shall not commence until Grantee duly vacates and abandons all its present interest in the Easement Area. 3. The Easement shall automatically terminate without any further action or joinder by any party upon the opening of the Temporary Roadway for traffic. The recordation in the Public Records of Dade County, Florida, of a certificate executed by the Director, or any Assistant Director, of the City of Miami Department of Public Works stating that the Temporary Roadway is open for traffic shall be conclusive evidence of such fact, and the termination of the Easement. 4. Grantee agrees to be solely responsible for all maintenance of the Easement Area, to the same standards as other public rights-of-way in the City of Miami, during the term of the Easement. EXECUTED as of the day and year first above written, Signed, sealed and delivered in the presence of: ARMANDO CODINA, In ivi ually and as Trustee THE CITY OF MIAMI, a municipal corporation gy. ____~ Z Bgr"1.~2 i / ~ ~~ STATE OF FLORIDA ) ss: COUNTY OF DARE ) The foregoing instrument was acknowledged before me this 12th day of January, 1984, by ARMANDO CODINA, Individually and as Trustee. NOTARY PUBLIC, State of F orzda at Large My Commission Expires: STATE OF FLORIDA ) ss: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of 1984, by as of THE CITY OF MIAMI, a municipal corporation, on be a o t e corporation. NOTARY PUBLIC, State o Flori a at Large My Commission Expires: CITY OF MIAMI, a municipal corporation of the Slate of Florida By: City ilanager ATTEST: RAL H G . O:VG City Clerl: PREPARED A~~D APPROVED 3Y: j ,~ .i E. _ Assistant City Attorney APPROVED AS TO FORP•7 AND CORRFCT!`JESS J GARCIA-PEDROSA y Attorney 8~~`~.~~ EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made as of the 26th day of January, 1984 between ARMANDO CODINA, Individually and as Trustee ("Grantor") and THE CITY OF MIAMI, a municipal corpora- tion ("Grantee"). W H E R E A S: A. Grantor is the fee simple owner of that certain parcel of land located in Dade County, Florida, more parti- cularly described in Exhibit "A" attached to and made a part hereof (the "Easement Area"). B. The Easement Area is presently used by Grantee as a portion of Southeast Fourth Street, a public right-of-way, however, Grantee is about to vacate and abandon all of its interest in the Easement Area. C. The parties intend that Southeast Fourth Street shall be relocated over property north of the Easement Area (i.e. portions of Tracts "B" and "Relocated S.E. 4th St." of the proposed Plat of RIVERFRONT CENTER), however, the parties wish to provide for temporary use of the Easement Area by Grantee for the period after formal vacation of Grantee's presently existing rights to the Easement Area and until such time as an alternate route for traffic presently using South- east Fourth Street is made available to Grantee. In this regard, subsequent to Grantee vacating its rights to presently existing Southeast Fourth Street, a temporary roadway (the "Temporary Roadway") will be constructed north of the Easement Area and utilized for traffic presently crossing over existing Southeast Fourth Street until a permanent roadway is constructed north of the Temporary Roadway, as described aboue. The Temporary Roadway will be the subject of a separate agreement between Grantor and the Florida Department of Transportation or another appropriate governmental agency. D. The parties desire that all rights granted by this Easement shall terminate automatically upon the opening of the • »N. • f. f ~ 4 G~.E° ~ Temporary Roadway, without any further ratification, release, or action, by Grantee. NOW, THEREFORE, in con ;: '. aeration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Grantor hereby grants to Grantee a temporary easement for pedestrian and vehicular traffic over the Easement Area (the "Easement"), however, the term of the Easement shall not commence until Grantee duly vacates and abandons all its present interest in the Easement Area. 3. The Easement shall automatically terminate without any further action or joinder by any party upon the opening of the Temporary Roadway for traffic. The recordation in the Public Records of Dade County, Florida, of a certificate executed. by the Director, or any Assistant Director, of the City of Miami Department of Public Works stating that the Temporary Roadway is open for traffic shall be conclusive evidence of such fact, and the termination of the Easement. 4. Grantee agrees to be solely responsible for all maintenance of the Easement Area, to the same standards as other public rights-of-way in the City of Miami, during the term of the Easement. EXECUTED as of the day and year first above written. Signed, sealed and delivered in the presence o~J: / ~. ATTEST: H G . ON City C e~' ~- ARMANDO OD~ Inc~~iv d ally and as Trustee THH CITX OF MIAMI, a municipal corporation gy. 2 8~"~Qi~ _. Temporary Roadway, without any further ratification, release, or action, by Grantee. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Grantor hereby grants to Grantee a temporary easement for pedestrian and vehicular traffic over the Easement Area (the "Easement"), however, the term of the Easement shall not commence until Grantee duly vacates and abandons all its present interest in the Easement Area. 3. The Easement shall automatically terminate without any further action or joinder by any party upon the opening of the Temporary Roadway for traffic. The recordation in the Public Records of Dade County, Florida, of a certificate executed by the Director, or any Assistant Director, of the City of Miami Department of Public Works stating that the Temporary Roadway is open for traffic shall be conclusive evidence of such fact, and the termination of the Easement. 4. Grantee agrees to be solely responsible for all maintenance of the Easement Area, to the same standards as other public rights-of-way in the City of Miami, during the term of the Easement. EXECUTED as of the day and year first above written. ATTEST: RALPH G. ON City C er 2 Signed, sealed and delivered in the pr,,eser~ce o~J: / ~. - ~ A ARMANDO ODINA, Individually and as Trustee THE CITY OF MIAMI, a municipal corporation By • ... STATE OF FLORIDA ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 12th day of January, 1984, by ARMANDO CODINA, Individually and as Trustee. NOTARY P BLIC, State of Florida at Large My Commission Expires: STATE OF FLORIDA ) S5: COUNTY OF DARE ) The foregoing instrument was acknowledged before me this day of , 1984, by HOWARD GARY, as City Manager of THE CITY OF MIAMI, a municipal corporation, on behalf of the corporation. NOTARY PUBLIC, State of Florida at Large My Commission Expires: PREPARED AND APPROVED BY: ~; ~ a',~/''ri,, G. MIRIAM MAER, Assistant City Attorney APPROVED AS TO FORM RND CORRECTNESS: ~ ~/~~ ~ .. J GARCIA-PEDROSA, ty Attorney 3 8~~~~~ ~XHIHI'1! "~-" to EASEMENT AGREE."'iENT A portion of S.E. 4th Street as shown on the Map of S.E. 3RD STREET AIJO S.E. 4TH STREET, recorded in Plat Book 63 at Page 78 of the Public Records of Dade County, Florida, being more pa-•ticularly described as follows: BEGIN at the Northwesterly corner of Tract 1 of AMENDED PLAT OF BLOCK 2- FORT DALLAS COMMERCIAL CENTER, acco~•ding to the plat thereof recorded in Plat Book 4l at Page 43 of the Public Records of Dade County Florida; thence run N 55'Sa'15" E, along the North:•iesterly line of said Tract 1, for a distance of 252.96 feet to the Northeasterly corner of said Tract 1; thence run N 02°19'00" 1.1, along the ~~ortherly prolongation of the East line of said Tract 1 , for a distance of 53.97 feet to tl~e ~o~~tl:easterly corner of Lot 12 in Block 1 of FORT DALLAS C0~4MERCIAL CEP;TER, according to the plat thereof recorded in Plat Gook 30 at Page 15 of the Public P,ecords of Dade County, Florida; thence from a tangent bearing of S 72°24'58" V1, run Southwesterly along the Southeasterly line of said Dlock 1 and along the arc of a circular curve concave to the Southeast, having a radius of 100.00 feet, through a central angle of 16°30'43", for an arc distance of 28.82 feet to a point of tangency; thence run S 55°54'15" Vl, along the Southeasterly line of •said Bloc k• 1•, fora dis•tance~ of 195.04 •feet• to the ;ro'inti ti•f CUrvatG-'2 of a circular curve to the right; thence from a tangent bearing of S 55°54'15" lJ, run Sou*.hwesterly to Northwesterly along the arc of said circular curve to the right, having a -radius of 15.00 feet, through- a central an'gTe of 75°53' 22" For an arc distance of 19.87 feet to the point of intersection with the arc of a circular curve concave to the East; thence from a tangent bearing of S 04°45'50" W, run Southerly along the arc of said circular curve concave to the East, having a radius of 1090.67 feet, through a central angle of 00°30'39", for an arc distance of 9.72 feet to the point of compound curvature with the arc of a circular curve to the left; thence from a tangent bearing of S 04°15'11" W, run Southerly along the arc of said circular curve to the left, having a radius of 782.60 feet, through a central angle of 02°45'15" for an arc distance of 37.62 feet to the point of intersection :•~ith the P~ortherly prolongation of the Hest line of said Tract 1; thence run 5 OZ°19'00" E, along the Northerly pralongatiori of the Hest line of said Tract 1, fora distance of 27.88 feet to the North~•,esterly corner of said Tract 1 and the POINT OF BEGINNING. Containing 12,657 square feet, more or less. 8~-1a 13 Howard V. Gary Ci t~-f9anager / /~ ~' December 14, 1983 RESOLUTION - RECOt•1t~EPlD APPROVAL STREET CLOSURE SE 4 ST ~ SOUTN MIAMI AVE " ~~ Dir~ctvr=~- ~'j 'COPtt~1ISSI0N AGEPIDA - JAtJUARY 26, 1984 Planning and Zoning Boards PLANNIPlG & ZONING ITEMS Administration Department ' • S It is recommended that the official vacation and closure . of SE 4 Street lying north- eas o e east right-of-way line of South Miami Avenue be approved. The Zoning Board, at its meeting of December 5, 1983, Item 4, fol]owing an advertised hearing, adopted Resolution ZB 186-83 by a 6 to 0 vote, recorunending approval of the official vacation and closure of SE 4 Street •lying northeast of the east right-of-way line of South Miami Avenue for a distance of + 252' (complete legal description on file with the Planning and Zoning~Boards Administration Department); as a condition ~~f approval of Tentative Plat #1223, "RIVEP.FROtlT CEtlTER" . ' One cpponent present at the meeting; five proponents present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 ' cc: Law Department NOTE: Planning Department recommendation; APPROVAL ~, 5~.~a~ ~ , a.. , .~ .,~;{ . t~(1:"..\'.. •. r ..~~., i6r a+a.~~c~.f~^rL %w.•:hd'•{.i't'~..a :'.i,Cl.G.~••;v•S•.ft_•.uti.L ••~.' .+'K_r... /.:.•.. .~, {.-,• ~ C: ZONING FACT SHEET Portion of SE 4 Street lying northeast of the east right-of-way line of South Miami Avenue Tentative Plat #1223 "RIVERFRONT CENTER" Complete legal description on file with the Planning and Zoning Boards Administration Department . i Steve Muss Alexander Muss & Sons 5151 Collins Avenue Miami Beach, FL Jose Mayorga c/o IntrAmerica Investments Inc. 1 S.E. 15 Road Miami, FL 33131 Phone # 371-6660 Armando Codina (Trustee) IntrAmerica Investments Inc. i S.E. 15 Road Miami, FL 33]31 Phone # 371-6660 Larry Hoffman c/o Greenberg, Traurig et a1 1401 Brickell Avenue, PH2 Miami, FL 33131 Jose Morejon Quality Medical Services • P.O. Box 160460 Miami, FL 33116 Joe Montes• • c/o Te]Air Network Inc. 1818 W. Flagler Street Miami, FL 33135 Francisco Kerdel Vegas c/o IntrAmerica Investments Inc. 1 S.E. 15 Road Miami, FL 33131 Phone # 37]-6660 i3~-~02 ,~ -~._ /- REQUEST Petition for the officia] vacation and closure of SE 4 Street lying northeast of the east right-of-way line of South Miami Avenue for a distance of + 252 ft., as a condition of approval of Tentative Plat #1223, "RIVERFRONT CENTER". RECOMMENDATIONS PLANNING DEPT. PUBLIC WORKS ZONING BOARD APPROVAL. This closure is pursuant to agreements etb-weep the State, City and property owner, and accommodates unifi~.ation of ownership and the approach system of the proposed new Miami Avenue bridge. Dedication is required by plat. At its meeting of December 5, 1983, the Zoning Board adopted Resolution ZB 186-83 by a 6 to 0 vote, recommending approval of the above. ~~ Q~"~.Q~ «. ~ • : ..... -z.~ :}trey. ,.ri~r:f..N. .v.}~-~a%:.ui;.titis,t9t'Ji?cnl~li:.i+Plrrvt ~;... ..ra ~:~' ~f'+'~•svw».•:.:i.14.:.;+~.~.I++~.-..,.. •.:w~..r w.:•....-. •.. .. ... ~ .. ~7 .•~ .• . E !ITY 'RT SE~ EET n a >a e T s 4 t r r a It 23 le I si zo 2 1 z z'3 24 > >i 8 T S 4 3 2 fN N i 16 17 18 124~ z1 2 23 ~ ~: + ' _ ' 9 8 7 6 S 4 3 2 1 N 116 11 12 13 14 IS 16 I7 IA 19 0 EAST W Q a >, e T 13 13 4 a 2 i N 2 f1 12 13 14 fs 16 I7 18 Isi S.E. 10 9 8 7 6 S 4 3 2 I N 12 II ~~ 12 13 14 1 6 IT 18 19 I si e t a s 4 3 2 1 N II 12 13 14 IS 21 le IT in ~~r 0 ~~u W Z i ~ ST. 1 10 9 8 T 6 S 4 3 2 1 N " 2 6 1I 12 13 14 ! I T 18 19 0 N tract ~A' ~yG~~~ N 28 29 `TP~~~PG~s~/ /t1 -8 o~r ..~e~~'" v p q 6 :~ 6 5 4 3 2 1 a Q N ~ 115 3 .. ~: 11 l2 13 14 IS 16 Z ~ z~ MI CONVENTION CAITCD s ,~ ZB DECEMBER 5. 1983 AS+36 lam! ~ ~ ~'~~T? ^~! C'~ `'F G ~:? ~c T i.P p_ c .'~ i' ~ `' W 1 9 e T 6 s 4 a 2 1 N ll? 11 12 13 14 IS 16 It 18 19 ?1J FLAGLER S ~' . W Q - ...µ .. _~.~,- ; ~.rr.eu.r-,x'-suf ..>.~•a.e<:.+r..~. a~..... •... .. ;~..ct~«r^.M,...y.`•r::sT~'=.'.,.'~,.'.`^:t-....b :Yid ,.:1: a:. ••.r:~-f; i.s'. ...i {..:+aar.Lgilll~ri:r.+/:ai.vv: ~1• ...•.r.~... •~•:. . -~-~~~' .....,-; ' t i 1 1 n*r f T'yAA 4{ .. ~. ~~ r~ F-~t r '±,li ~;'F~/~. ry~ ,'T`l l~ty;::n•~ ~~7~1f'~IRic.-:•~; '.. .•Y t ~R'~~.. ~', l~t ~.r~ .~g~,~,, ~\ LpK r y .. t,. .: ; "c . T4 ' , -t•57i ~y~ is ~~~lw;.,,.s {, n ir/ `• y X41 y L~~. S. MIS ~~•~~+~~`r i1_i •~^~•..4'Cl Ml~".'~ l~l~`t~v4w.M• :J,t~~•";~" fiats"' •et: ;/ ~ ~~ :~. .:~•./ ~.~.~~!'C7rQiiiMWi~1~'~{'~C4~ ' .r, ;~ l~ rt' -Z': ~t`.• • ~ ~ . ~ s'' • •~ ;• a - r R -~ ,••~ wr~t!.ti ~t ~`Yr /;{vim -~' ~1 '~ ~.•v f ~~ ~..'~SFJ~~it'.f:~flt_.ir~.~~i'~-l~ i.t. I• •+ .sue>>~ ~ ~ - _ - _ _ T.t r! `~, +.1 ti}•, '`~' :' '~~?~ ~~~ f P^PTI r•/` ~,r cf= 4 ~T~~;"T ,"•~ P-~ •~_ 8~~~~.. ci'v~ C ~h•b r r~ ,.~'' nr±or. t•nnz•~~m ~~ This Agreement is made this o~ day of ~Cl.~lr~~! , 1983, between the Florida Department of Transportation, an agency of the State of Florida, hereinafter referred to as "the Department," and Armando Codina, Trustee, owner of certain prope::ty in Dade County, Florida, hereinafter referred to as "Codina." WHEREAS, Codina is the owner of certain parcels of land located in the City of riiami, Dade County, Florida, and; WHEREAS, the Department has indicated its intention to ' condemn a certain portion of those lands for the reconstruction ' of the t4iami Avenue F3ridge (Section 87513-2644 ) in Dade County but wishes to enter into this agreement to acquire these lands through negotiation to avoid the condemnation of those lands, and; WHEREAS, the parties wish to effect this Agreement by incorporating a portion of existing Southeast Fourth Street in the City of Miami into the Codina parcels through replatting, which process will involve the exchange of equal parcels of land with the City of Miami, t The parties agree, for the mutual considerations contained in, and subject to the terms of, this Agreement, to complete the described transactions to achieve the objectives stated above. ~k~~~t~, ~~ ~. The parties understand that the transfer of land title shall take place through two mechanisms. First, Coding and the City of Miami shall, by replat, exchange parcels containing equal areas, as described in Paragraphs l and 2 below. Second, the Department shall purchase an additional parcel, as described in Paragraphs 1 and 3 below, from Codina. In addition, to facilitate the closing of existing Southeast Fourth Street, the Department agrees to purchase a temporary easement across a portion of the Codina property as a temporary connecting route for traffic now using Southeast Fourth Street until such time as the traffic can be relocated onto the new, relocated, right-of-way for South- east Fourth Street that will be provided by the above-referenced replatting and purchase. The parties agree that the purchases of thy'additional parcel and of the temporary easement are contingent upon approval by the City of P9iami of the replat in the manner described in Paragraph 2, below. In the event the replat is denied by the City of Miami, all further obligations of the parties under this agreement shall cease, and each party will be free to pursue its rights and remedies through condemnation proceedings without any prejudice due to the execution of this agreement. ' 1. PARCELS The parcels of land referred to in this Agreement are listed below and are described in the attached Exhibit A which pis incorporated herein by reference. (a) TRACT 1 - owned by Coding and presently fronting on existing Southeast Fourth Street on the North, the Miami River on the South and South Miami Avenue on the West. -2- ~~-~a~ R ) TRACT 2 - owned by Codina and presently fronting on existing Southeast Fourth Street on the South, South Miami Avenue on the West, and the right- of-way for the Miami Expressway on the North. Parcel 126A - a portion of Tract 2 described and mapped in Exhibit A. I Parcel 1268 - a portion of Tract 2 described and mapped in Exhibit A. ~ Parcel 126C - a portion of existing Southeast Fourth Street described and mapped in Exhibit A. Parcel 703 - a portion of Tract 2 described and mapped in Exhibit A. :RANGE OF PARCELS 126A & 126C THROUGH REPEAT. a reasonable time,~not exceeding thirty (30) execution of this agreement, Codina will apply to• ....~ ..~..r .,~ .-.~~.,,~ for replat of Tracts 1 and 2. The application for replat will contain, at a minimum, the following provisions: (a) Parcel 126A will be dedicated in fee simple to " tt•.e City of Miami by replat. The dedication shall not reserve any rights in Codina and shall ' include a release of any and all mortgages or ' other security interests in Parcel 126A. It is contemplated by the parties that the City of Miami will transfer Parcel 126A to the Department. approval to as shown on reference' i~ (b) Parcel 126C The City of Miami gave conceptual such a replat on October 28, 1982, Exhibit B attached hereto and by zcorporated herein. will be incorporated into replatted • Tracts 1 and 2, and as ~ consequence, that portion of existing Southeast Fourth Street contained in' Parcel 126C will be vacated by the City. Codina shall receive good, insurable and marketable title to 126C through the replat. -3- 8~~-~Q ~~ (c) The City will retain use of Southeast Fourth Street until provisions for rerouting traffic through portions of Parcel 126A, 126B and 703 have been completed as described in Paragraph 4 below. PURCHASE OF PARCEL 126B BY THE DEPARTMENT. The Department, in conjunction with the replat and 2 described in Paragraph 2, above, will purchase from Coding according to the terms and conditions ow. This purchase by the Department is contingent taining approval of the replat of Tracts 1 and 2 in Paragraph Z, above. (a) The Department will appraise Parcel 1268 for fair market value in conformance with its established practices for Right-of-~9ay acquisitions. (b) Coding agrees to sell Parcel 126E to the Department at the purchase price offered by • - the Department so long as the offer is equal •• to or greater than the value established by the Department appraisal, EXCEPT that Codina shall • not be required to sell under this Agreement for a value less than 5120.00 per square foot. (c) The exact area of the property to be purchased shall be as described in Exhibit A as Parcel 1268. - z (d) The closing shall take place within sixty (60) days of the date that Coding accepts an offer of a purchase price determined pursuant to ,, Paragraph 3(b), above, or upon completion of the -4- 84-1U;~ replatting process described in Paragraph 2, whichever is Later. Closing shall be in Dade County at a place mutually agreed to by the parties. (e) At closing, Coding will execute and deliver a good and sufficient warranty deed conveying good, insurable and marketable title to Parcel 126B, free and clear of all liens and encum- brances, to the Department. The Department shall prepare the necessary deed and other documents for closing. (f) Codina will secure and present at or before closing, a recordable release of interest in Parcel 1268 from the mortgagees of Tract 2. (g) At closing, the Department wi~l~l deliver to Coding a state warrant in the amount of the purchase price as determined pursuant to Paragraph 3(b)'' above. (h) All real estate taxes and asses~mf-,,a which " are or which may become a lien against Parcel 126B shall be satisfied of record by Codina ~~ •., at or before closing. As part of the closing, .. ' Codina shall place in escrow with the Dade County Tax Collector an amount equal to the current taxes prorated to the date of closing, ~~ based on the current assessment and millage rates, to be used to pay for the ad valorem taxes .when they become due and collectable. All real estate taxes for Parcel 1268 for the period prior to the date of closing shall be the responsibility of Coding pursuant to the provisions of this paragraph. -5- t 8~-102 ;.,r ~ ~,~~.,. . _ -. _ _.---- - (i) All loss or damage to Parcel 1268 shall be at the risk of Codina until closing and loss or damage to Parcel 126C shall be at risk to the City of Miami until completion of the replatting process. In the event that such loss or damage occurs, either party may, without liability, refuse to accept conveyance of title, or may renegotiate the purchase price based upon the change of circumstances. (j) Codina shall deliver possession of Parcel 126E to the Department at closing. TEbiPORARY REROUTING OF SOUTHEAST FOURTH STREET Upon closing of the .purchase of Parcel 1268 and the replat of Tracts 1 and 2, both parties shall ~rocess, as described below, of providing for the rerouting of traffic onto portions of Parcels 126A, 1268 and 703 and also providing for the closing of existing Southeast Fourth~Street to traffic. ' (a) Codina will construct a temporary route for ' traffic across portions of Parcels 126A, 126B and 703. The exact placement will be by mutual agreement between the parties. The construction required will consist of curb cuts and driveway connections, striping of traffic lanes on existing pavement, and placement of temporary barrier walls along both sides of the easement to contain traffic. (b) Simultaneous with the construction described in 9(a), above, the Department will request that the Dade County Water and Sewer Authority begin relocation of water and sewer lines from existing -6- ~~-log • M (d) ti ~' ~. Southeast Fourth Street to the relocated right- of-way for Southeast Fourth Street in Parcels 126A and 126B. Such relocation is part of the relocation agreement between the jVater and Sewer Authority and the Department for relocation of utilitites for the reconstructed Southeast Fourth Street. Coding shall not be required to bear any cost far the relocation of utilities under this agreement. Coding shall convey to the Department a temporary easement on Parcel 703. The language of the .~~~/ easement is contained in Exhibit and incor- porated herein by reference. The easement shall commence at the time traffic is rerouted and shall continue during construction of relocated Southeast Fourth Street or three (3) years, whichever is shorter. Compensation for the easement shall be computed according to the standard appraisal practice of the Department. Upon completion of the construction outlined in 4(a), the Department shall open the temporary route. Upon completion of the relocation of utilities described in 4(b), or upon the expiration of 60 days from the request to the Dade County Water and Sewer Authority, whichever occurs first, the City shall permit closure of existing Southeast Fourth Street over the area within Parcel'126C, and deliver possession of that area to Coding. • 5. ACCESS ,, (a) Access after construction of the Miami Avenue bridge and approaches. -7- a ~~~~~~ ~. ~ ~ Access to Tracts 1 and 2 as consolidated under Codina's ownership after replatting and after construction of the Miami Avenue Bridge and approaches shall include the ability to ~~ enter and exit Tracts 1 and 2, hereinafter called the Consolidated Codina Parcel, as follows: (i) Left turn from Southbound Miami Avenue into the Property: (ii) Right turn from Northbound Miami Avenue into the Property; (iii) Right turn from relocated S.E. 4th Street into the Property; (iv) Right turn from Property into Northbound Miami Avenue (v) Left turn from Property into Southbound Miami Avenue; and (vi) Right turn from Property into relocated Southeast 4th Street. These traffic flows are shown on Exhibit C ~` attached hereto and by reference incorporated herein. The Department agrees that, as a part of the construction of the Miami Avenue Bridge and approaches, it will install a curb cut leading to the Consolidated Codina Parcel at the approximate location shown in Exhibit C. The curb cut will be designed to accommodate the traffic flows shown on Exhibit C. In addition, the Department will construct an access ramp from the curb cut to grade level on the Consolidated Codina Parcel as well as provide traffic signalization on Miami Avenue at the driveway connection that is fully interconnected to the Miami Avenue Bridge Signal, and a signal at the intersection of the Northbound I-9S exit and relocated Southeast Fourth Street as shown on Exhibit C, Phase I drawing. (b) Access after construction of,the Bifurcated Ramp Project. The Department is currently planning to modify the I~-95 Downtown Distributor which will consist of ramps connecting Interstate 95 with the duPont Plaza area of downtown -$- B~".1~~ . .- ~ . •~ Miami and Miami Avenue. This project is known as the Bifurcated Ramp Project, hereinafter referred to as the BRP. Coding and the Department agree that the BRP brill not diminish the access provided ~ to the Consolidated Codina Parcel from the access shown in Exhibit C and described in 5(a)(i-vi) above. The Department shall permit Codina, on request, to review plans for the BRP so that Codina can assess the impact of the plans on the Consolidated Codina Parcel to insure that consideration is made for usage of the parcel for a major development. This provision is not intended to imply a veto power over Department decisions, but rather to allow Codina reasonable opportunity for discussions with the Department before changes are incorporated into the plans. (a) The terms and conditions of this contract, o including the rights and obligations of . all parties shall apply to and shall bind the heirs, successors and assigns of Coding. (b) Any notices required or permitted shall be delivered personally or mailed to the • Department at: . Haydon Burns Building Tallahassee, Florida 32301-8064 Attn: Carol Forthman, Attorney t4ai1 ~ Station 24 and to Coding at: TntrAmerica Investments, Inc. . One Southeast Fifteenth Road Miami, Florida Attn: Stephen Massey (c) This Agreement contains the entire Agreement t between the parties pertaining to the properties described in Exhibit A and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. -9- ~~".~~~~ (d) In the event any of the sections of this contract are deemed to be unenforceable, same shall not affect the enforceability of the remaining sections of the contract unless the remaining sections are con- tingent upon those unenforceable sections. (e) Time is of the essence with regard to all dates provided herein for performance of any obligation by either party. Where no time is specified, a reasonable time for performance shall be implied. (f) This Agreement may be recorded in the office of the Clerk of the Circuit Court of Dade County, State of Florida. 'lorida __r __ ~.._.._ __ ___.ISportation: By : L%tr, BRUCE L. GORDON, Director Division of Administration State of Florida Department of Transportation Sworn to and subscribed before me this ~'~/~ day of 1983. ~~--~~ Nolary D~.q~a~~~l~~~pe Mr Coiipissicn F,~pces l~n, 11, 1984 ~,ks.J h' ~nt~p Jw 0 Cuwx, Co.w.^~ As to Armando Coding, Trustee: r ARP4AND0 CODINA, As Trustee Sworn to and subscribed before me, this ,;,'~j ; N _ day of jy,;~.; ;; , 1983. _-----~' NOTARY PUBLIC ,. (ll~~taY f~::~; :: Al. %F ilOx ~af AT t'R-:~E 1 b~Y CO:,l; ;;~;,~,, ...r,.t~ w+.~~"6 1915 1 Ls~~`.~ 11~'~ fit; »i..,.t sl~,i ~ ua,~4+v~-lidi, k:t. / ya~ ~, ~ ~ 1 .. i:!. ,i F~f'~'t~5 A4'AIl.H~L~ Approved: ...... f;aor nay • L'.0, .. ~4~"~Q I.i a..~'^.6..~ rn i2~ I ., I ~•~' S n ~ I:. ~ . ,.8' .. ~~`~!` f.,yj mod' rJ ' r / ~ 7G . .4~i1.%<.^T~ .~ . .i i`,'. I _ •.!"\ •' ~•. ~ _ 's'•. h"_' ~ - ,.~.': ..{- ~' N J •e•. , n b; ,q, 609.50' T :-""L= G./2- o yr `' ...~. !~! Oro3'00 2/` :"'~- RrfQO' _ . ' ' n i . , ~. ; c (9;3.65! (k'•SOJ t (~,z9eQJ 1 f .• f ,/ ~ l ~~ho3~,/ y' ~orbo~' `~ f J~fORl~tI,QGGAS •. ~, ~• ~ 1 d ,.'',~ ~ old .. __ .. !~ 1 G'OMMERCIAL CErVrEtP.....--~:~-.. ~~/J, AMENDEf7 PLAT OF BtOC'k'7 •1~.~':~>~': FD.PT lJ4GLA9 d'QMMEQGIAL CENTE,P,'. •,'}; Y1 ' ,. ; Ay ~,~.. ' F~oRro,a MaTOk~ MARTS.~t.',•. pq,QCEL No l2G B - lad -/6J .;•J.. . Arca Ol' Rrire/ri'G3Geiq. iY• ~ "i:.••; Aiev of ,c}~rcnt Tmc1~ (8ec P.rrcc/ !c^6A,1 ~' . p,.l,~?CE~ /{!g 126 C Sco1e ~1 "- 40' A,~Q °{ ~"~ , ,z q"" or `a'."i~ /a,G~~~ ~ SDUTN MIAM/ AVENUE ArioorPoi~n/ Tipcf r l.B~~Qred a.f• a. c.>=a. ra3, ry,.az BRIDGE ~`` TRANSITiDN.: a c.s-e. /sc~, ~. o~ Secliorr No. 8T5I3 -2644 £. Gcrcio 2/a3 PARCEL No• 126A, /268,126C 9 7G Sdttion 37-54-0! ' Id ~ P..alICEL' Ala 7~ Arco o!' PorCe/+.3, d9? ~. F'~. qr~v a/' R~ren! 7ioct+~:ier fbrrcl nGA1 PARCEL A/r/ !2G EXHIBIT ~ PAGE 1 4F ___~._ Bl~*"~,Q`+~" ~~M~. f ~- TRACT 1 All of Tract 1, AAlENDED CENTER, according to the at Page 43 of the Public AND TRACT 2 (~ PLAT OF IILOCK 2, FORT DALLAS COMMERCIAL Plat thereof, recorded in Plat Book 4I Records of Dade County, Florida. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Block 1, FORT DALLAS COtu1ERCIAL CENTER, according to the Plat thereof, recorded in Plat Book 30 at Page 15 of the Public Records of Dade County, Florida, LESS property taken by the State Road Department for expressway right-of-way described as follows: Begin on the West line of said Lot 10 at a point 4.31 feet North Z°19'00" West from the Southwest corner of said Lot 10, thence North 87`45'40" East 7.0 feet, thence South 73°00'57.69" East 123.20 feet to the beginning of a curve concave Northeasterly having a radius of 526.78 feet, thence Southeasterly 94.72 feet along said curve through a central angle of 10°18'07.6" to the Easterly line of said Lot 12, at a point 61.13 feet North 2°19'00" West from the Southeasterly corner of~said Lot 12, thence North 2°19'00" i4est 90.25 feet along the Easterly line of said Lots 12 and 11 to the Northeasterly corner of said Lot 11, thence South 83°56'38" West 90.13 feet along the Northerly line of said Lot 11, thence South 87°45'40" West 125.06 feet along the Northerly line of said Lots 11 and 10 to the Northcaest corner of said Lot 10 thence South 2°19'00" East 20.69 feet along the Westerly line of said Lot 10 to the Point of Beginning. EXHIBIT PAGE Z O F ~._„_ $~~~~~ ~• ~ ` PARCEL 1~6A SECT10(J 27513-2641 A part of (;lock 1 of FORT DALLAS CO!•1t•1ERCIAL CC(JTER, according to the plat thereof recorded in Plat [3uok 30 at Page 15 of the Public Records of Dade County, Florida, being more particularly described as folloti•rs: ~EGI(J at the point of intersection of the lest line of said aloe}: 1 ~•rith the • Southerly (tight-of-May line of the (•!iami Cxpress~ray (State Road 851, Section ^7006-2501), according to the I•tap thereof r•ecorde•3 in Plat Qool: ;9 at ?age 31 of the Public Records of Dade Count„ Florida, said point also being located 4,31 feet tJ 02'19'00" !•J from the Suuth,•rest corner of Lot 10 in said Llock l; t!rence run S 02°19'00" E, along t!r~ IJest line of said !clock 1, for a distance of 195,72 feet to t!~e point of curvature of a circular curve concave to the Southeast; thence from a tangent bearing of td 02°19'00" l•1, -•un (;orthti•resterly, lJor theasterly to Southeasterly along t!1e arc of said circular curve concave to the Southeast, having a radius of 120.00 feet, through a central angle of 99°03'39", for- an arc distance of 207.47 feet to a poir+t of tangency; thence run S 83°15'21" E, tangent to tine last described curve, fora distance of , 71.10 feet to the point of intersection r•rith the East line of said Bioc: 1; thence run fl 02°19'00" t•J, along t}+~ East 1 ine of said Block 1 , for a distance of 25,50 feet to the point of intersection ~•rith t}~e arc of a circular curve concave to the !lortheast, also being tl~e Southerly Limited Access Right-of-t•Jay Line of the aforesaid t•tiA(•!I EXPRESSI•lAY (State Road 854, Section 81006-2501); thence from a tangent be~++•i+~g of (: 33'19'21" l~J, run t(nr•th•;resterly along the ..+rc of said circular curve ~.:onc~;~rc~ to the ((ort!re~st, and 'long said•Linrited r1c,ccrss Right-o1'-!•Jay Line, h~rvincr a radius of 52b.7t3 t•ee-, through a central anyle of 10°l~'23", for an arc distance of 94.'16 feet to ~ point of tangency; thence run (J 73°0~'S~" !~J, tangent to the last described curve and along said Limited Access Right-~f-!•lay Line, for• a distance of 123.20 feet; thence run S 87°45' 40" 1•! fora distance of 7.00 feet to t}ie POItJT OF aEGIt~(•JIPJG. Containing 12,657 square feet, r~or•e or less. EXHIBIT PAGE ~_ OF ~ _ PARCEL 126[3 SECTIOt! 27513-2644 A pa,•t of f31oc1: 1 of FORT D/1LLi~S COWi•1ERCIAL CEi•ITER, ,according to the plat thereof reco,•ded in Plat Dool: 30 at Page 15 of the Public Records of Dade County, Flo-•ida, being more particularly described as follo~•~s: CGi•1,•~EtiCE at tl+e point of intersection of the :;esL line of said Bioc-: 1 ~•rith the Southerly flight-of-l•t~y Line of the i•liami E~press~•ray (State 'loco! 854, Section 87006-2501 ), according to the t•tap thereof recer•ded in Plat Lool; 79 at Page 31 of the Public Records of Dade County, Florida, said point also being located 4.31 feet tl 02°19'00" l•t fr•o+tr the Soutfi~•rest corner of Lot 10 in said Block 1; thence run S 02°19'00" E, along the t•lest line of said Block 1, for a distance of 195.12 feet to tine POIt1T OF QEGIfItIIt•1G of the herein described parcel; thence continue S 02°19'00" E, along the l•lest line of said Block 1, for a distance of 32.75 feet to tl~e point of curvature of a circular curve to the left; thence from a tangent bearing of S 02°19'00" E, r•un Southeasterly ...._along the arc of said circular curve to the left and along the Southaeesterly•~ ~-••~• • --••' -~ line of said clock 1, ha~:ing a radius of 15.00 feet, tlrrouglr a central angle of 45°53'23", for an ar•c distance of 17..01 feet to the point of intersection •-with the arc of-a circular cu,•ve concave to the East; t!,ence from a tangent • bearing of i~ 04°45'50" E, run i,ortherly along the arc of said circular curve concave to the fast, having a r,~~iius of lUy0.b7 feet, th-•ough a central angle of 03°22'1a", fo,' an arc distance of 61.16 reet. to the point: of compound _ curvature ~•ritlr the arc of a circular cu,•ve to the ,•igl,t; t.lrence From a tar~r3ent bearing of t•! 0,3°08'O~l" E, run P;ortheaste,•ly to Southeasterly along • tfre arc of said circular curve to the right, Laving ,~ radius of 11G.50 feet, through a central angle of 94°00'29", for an arc distance of 191.15 feet to a point of tangency; thence run S 77°51'27" E, tangent to the last described curve, for a distance of 52.78 feet to ttre point of curvature of a circular eur•ve to the left; thence from ~~ tangent bearing of S 77°51'27" E, run Southeasterly along the a--c of said circular curve to the left, Laving a radius of 60:.50 feet, through a central angle of 00°34'34", for an arc distance of 6:1'2 feet to the point of intersection -•rith the East line of said Qlock 1; thence run tl 02°19'00" l•1, along the East line of said Block 1, for a distance of 9.47 feet; thence run t! B3°15'21" t•! for a distance of 71.10 feet to the point of curvature of a circular curve to the left; thence from a tangent bearing of N E3°15'21" l•1, run North-:~esterly, South-vesterly • to Soutiieasterly..along the arc of said circular curve to the left, having a radius of 120,00 feet, through a central angle of 99''U3'39", for an arc distance of 207.7 feet to tl~e point of tangency with the l•lest line of said Block 1 and the POINT OF BEGIt1NItiG. • Containing 2,656 square feet, more or less EXHIBIT ~ PAGE 4 OF _.~ ~~"~U~ PaRCCL 12tiC SCCTI0~1 x;7513-2644 A portion of S.E. 4th Street as shu:m nn the i~a4; of S.C. 3RD STREET AitD S.E. 4Ttl STRf:CT, recor•~led in flat Boot: u3 .it P~~~e 73 of the Public Records • of Dade County, Florida, being snore par•ticul~~rl~ described as follo,•rs: QEGI f~ a t. the tiortht•ros teri y corner o f Tr•ac t 1 o f Ah1EtlDED PLAT OF 4LOCK 2- f't;RT Oi,LLAS COhli•IERCIAL CEiJTER, accor•ciing to tl,e plat thereof recorded in Piat boot: 41 at Page 43 of the Public Records of Dade County Florida; thence run N 55°5~1' 15" E, along the i;ortht~resterly 1 ine of said Tract 1 , for a distance of 252.96 feet to the i;ortlrea;ter•ly corner of said Tract 1; thence run .. 02°19'00" l•!, along the Ilorther•1; pr•clon,:,tion of the East line of said Tract 1, for a distance of 53.97 feat to the Southeasterly corner of Lot 12 in t3loct: 1 of ("ORT DALLIOS COidi•iERCIAL CE~.TER, according to the plat thereof recorded in Plat Gook 30 at Pale 15 of the Public Records of Dade County, Florida; thence from a tanyent bearing of S 72''24'5°" V1, run Southwesterly along tfre Southeasterly line of said I31ock 1 a:~d ~~long the arc of a circular curve concave to the Southeast, having a radius of 100.00 feet, through a central angle of 16°30'43", for an arc distance of 28.2 feet to a point • of tangency; thence run S 55°54'15" l•1, along tfre Southeasterly line of _....:,.............. 'said E31ock ••1 , for a~ distance of 195.04 feet••to •the~-^oinr~bf'"Ctai•'va'fiiii'~`of""""-"'"""~ .. a circular curve to the right; thence from a tangent bearing of S 55°54'i5" lJ, run ~outnv,esterry to r~ortn~•resteriy along the arC of said Circular Curve to ---.-.• ••the right, having a radius of 15.00 foot, through a central angle'of 75°53'22",~• for an arc distance of 19.37 feet to the point of intersection with the arc of a circular curve concave to the East; thence from a tangent bearing of S 04°45'50" t•!, run Southerly along the arc of said circular curve concave to the East, having a radius of 1090,67 feet, through a central angle of 00°30'39", for an arc distance of 9.72 feet to the point of compound curvature with the arc of a circular curve to Lire left; thence from a tangent bearing of S••04°15'11" td, run Southerly along the arc of said circular curve to ttre left, having a radius of 782.60 feet, tfrrough a centr•ai angle of 02°45' 15", for an arc distance of 37.62 feet to the point of intersection :•rith ttre Plorther•ly prolongation of the blest line of said Tract l; thence run S 02"19'00" E, along tl;c tJortlrerly pr•alung,ition of Lire blest line of said Tract 1, for' a distance of 21,06 feet to the Plor•tfrr•rester•ly corner of said Tract 1" and i:he POIi;T 0f" L'EGIi~PJIWG. Containing 12,657 square feet, more or• less. ~XH1B1T PAGE ~ OF ~_ X34-i0~ i~ ~ Pr1RCCL 12tiC SCCTIO~! E;7513-2644 A portion of S.t:. 4th Street .~s siw:m on the J~a{- of S.C. 3RD STREET AJID S.E. 4711. STREET, recorded in Plat liooG; u3 ,~t P~~cJ~~ i8 of the Public Records of Dade County, Florida, being snore pa-•ticul,~r-l~ described as follor•rs: BEGIt! at the {Jorth:•-esterly corner of Tract 1 of At•1Et~lDED PLAT OF aLOCK 2- fORT DALLAS COhi~•1ERCIAL CEiJTER, according to the plat thereof recorded in Plat Boo{: 41 at Page 43 of the Public Records of Dade County Florida; thence run N 55''5.1'15" E, along tire i;ort!-:•:ester•ly line of said Tr~et 1, for a distance of 252.96 feet to the i~ortheaster•ly corner of said Tract 1 ; thence run t1 02°19'00" t•!, alone the {lor•therly pr•clon,ation of the East line of said Tract 1, for a distance of 53.97 feet to fire southeasterly corner of Lot 12 in E31r~ct: 1 of PORT DALLAS CO!•1t•1ERCIAL CEi;TER, according to the plat t{rereof recorded in Plat Gook 30 at Page 15 of the Public Records of Dade County, Florida; thence from a tangent bearing of S 72"24'5°" bl, run South:~esterly along tiro Southeasterly 1 ine of said (31ock l a:~d along the arc of a circular curve concave to the Southeast, having a radius of 100.00 feet, through a central angle of 16"30'43", for an arc distance of 28.82 feet to a point • of tangency; thence run S 55°54'15" t•1, along t{re Southeasterly line of •said Block••1, for a•distance of 195.04 feet••to •the'-^oint~b°"C{~i•'va'tui"e`ef""""'""°'"'°• a circular curve to the right; thence from a tangent bearing of S 55°54'i5" IJ, run Svutha,esterly to {~lorth:•;esterly along the arc of said circular curve to _ •• the r•ig{rt, having a radius of 15.00 feet, throug{~ a central an•gTe' of 75°53'22", • for an arc distance of 19.37 feet to the point of intersection ~•~ith the arc of a circular curve concave to the East; thence from a tangent bearing of S 04°45'50" l•!, run Southerly along the arc of said circular curve concave to the Cast, having a radius of 1090.61 feet, through a central angle of 00`30'39", for an arc distance of 9.72 feet to the point of compound curvature with the arc of a circular curve to t{re left; thence from a tangent bearing of S••04°15'11" tJ, run Southerly along the arc of said circular curve to Lire left, having a radius of 782.60 feet, t{rror-gh a centr•ai angle of 02°45'15", for an arc distance of 31.62 feet to the point of intersection :•rith the tlortherly prolongation ui the l~li.~st line of said T-•act 1; thence run S 02"19'00" E, along tl~e tlortherly !~r•~lungation of tEre t•lest 1 ine of said Tract 1 , for• a distance of 27.88 feet to tiie Plor•tlr:•rester•ly corner of said Tract i" and i:he POI(;T 01' I;EGI~Jt•IIPJG. Containing 12,657 square feet, more or• less. ., ~XNIBIT .~ PAGE ~ OF ~._ ~~-10~ ~~, ^~ - ----~ .---" ~ ~ _ ,•- ~~ _ ,, 7~ IMGORD• QRATEO d9O '~ 95 ~`~ Q L . i :r71 ' . r MEETING OATS: PLACING b ZO:;I;:G--OCTOBER 28, 1982 CITY HALL -DINNER KEY A MOTTO:I TO APPROVE IN PRINCIPLE A PL•'L'J FOR TtiE RELOCATION OF T:?E "1-82-974 S.E. 4TH STREET APPROACH TO THE NE1J MIA."SI AVEtdIJE BRIDGE NORTHERLY TO MOVED: PLUM"1ER A NEW ALIGN't•SEtiT PARALLEL TO THE I-95 CONNECTOR. SECO\'D: CAROLLO UNANIMOUS A 1•fOTIO:: GF~~+;TING A REQUEST 2•L',DE BY "CO::CERtiED SE::IORS OF DADE COUtJTY" DL-82-975 At:D AUTHORIZI:~C A.'r'D DIRECTIt.'G TtiE CITY t•fANAGER TO ALLOCATE AN AI•IOUNT MOVED: PEREZ NOT TO EXCEED $1,000 FOR PAY':~::T FOR USE OF BAYFROtiT PARK AUDITORIUM SECO\D: DAw'KINS BY T'HE AFORESnID ORGANIZATIO:: 0:: NOVE:iBER 18, 1982, BETk'EEN THE HOURS UNA."II:10US _ OF 1:00 P.t4. A.\~ 4:00 P.M. ' A MOTIOy TO A."~t:D FIRST READI;:G ORDIN~u:CES, AGE~'DA ITE:SS 3, S A~~'D 6, M-82-976 OF OCTOBER 2B, 1982, TO REQUIRE A 5 FOOT SETBACK. MOVED: CAROLLO•' \ SECOND: PEREZ NOES: FERRE A MOTION OF It:TENT OF THE CITY CO?C•tISSION DIR£CTIt:C T1iE CITY PL~INAGER M-82-977 TO CO: LE BACK WITH A RECO`L"~:,'D,~-TIO;: FOR A SOURCE OF FIl\'DItiG TO INCREASE MOVED: FERRE THE ALLOCATIO:J TO THE "ASPIRA PROCAA."i" TO A TOTAL OF $74,000. SECO:dD: PLUririER UNANIMOUS AN E.">ERCENCY OP,DINA.'JCE A"SE;:DIt:C SECTION 2 OF PROPOSED CITY CHARTER EMERGENCY OR,DINA:; ANEND:IENT N0.1, t,'2:OZ,'N AS ORDIt:AACE N0.9489, ADOPTED SEPTEMBER 17, 1982 N0. 9507 PROVIDING THAT THE CITY MANAGER BE REQUIRED TO SET FORTH REASONS IN AfOVED; PLUrL"IER HIS WRITTEN FINDING THAT CO:iPETITIVE SEALED BIDDING IS NOT PRACTICABLE SECO~'D: CAROLLO OR IS NOT ADVANTAGEOUS TO Tlic CITY WHERE COtiTRACTS ARE TO BE AWARDED UNA:~I*10US FOR THE CITY'S PROCURE:~iJT OF PERSO;JAL PROPERTY; FURTHER PROVIDING THAT THE CITY MA2JAGER OR HIS DESZGtiEE S}iALL BE RESPONSIBLE FOR DEVELOP INC A MINORITY PROCUREtiFNT PROGRI'L*i AS MAY BE PRESCRIBED BY ORDINANCE A,~'D PERMITTED BY LAW IN CO\JU\CTION WITH THE AWARD OF COtiTRACTS FOR UNIFIED DEVELOP: LENT PROJECTS; PROVIDING FOR SEVERABILTTY; PROVIDING THAT IN ALL OTHEP. RESPECTS ORDINANCE N0.9489 REMAINS UNCHANGED. A RESOLUTI0:7 RESCIt:DItiC RE50LUTIOti N0.82-552, k'HIC}i APPOINTED AN IN- R-82-980 TERIM BOUNDARIES CO:ALITTEE AND INSTRUCTED IT TO REPORT TE~"fATIVE AND MOVED: PLUZ•ir>ER PROPOSED COU;:DARIES; APPOIt,'TIt:C A PERMA}JENT BOUNDARIES CO`L"SITTEE; SECO;ti: PEREZ AND I2JSTRUCTIt:C SAID BOUt7D~~RIES CO:L"1ITTEE TO REPORT ON PERI~LA}JENT UNA.'JIMOUS BOIJ~DARIES PRIOR TO THE 2:OVE*tBER 2, 1982 ELECTION. A R,ESOLUTZO:: AUT}iORIZINC T}iE CITY MlLNAGER OR HIS DESTCf:EE TO EXECUTE R-82-981 RELEASES 0:7 BEIL4LF OF THE CITY OF MIAMI WITH RESPECT TO, T}iE SETTLE- MOVED: PI.UMMER ME2:T OF CLAMS BY OR ACAI}:ST THE CITY OF MIAt•LI IN AN AZ•fOLTIT NOT TO SECO:~'D: PEREZ EXCEED $4, 500, Al:D UPOti THE APPROVAL OF THE CITY ATTORNEY . UNANL"SOUS A?: ORDINA.CE ?RO}ITBITING THE USE OF CABLE TELEVISIO;J FOR DISTRIBUTTOy FIRST READING OF OBSCENE OR I2;DECEhT MATERIEL, DEFTtJIt;C TERMS, PROVIDING FOR SA::C- MOVED: FERRE, PROVIDING FOR A PROCEDURE TI01'S FOR VIOLf,TIO:JS OF SATD PR011IIIITIO:J SECO~'D: PLUMMER , FOR T2~'OSIt~C SUCtf SA':CTIO`;S, A.';D CO::TAINTt:G A SEVERABTL?TY CLAUSE AA'D UNANIMOUS AN EFFECTIVE DATE GO::TI2:CE:JT UPO:J APPROVAL BY T}iE ELEC°ORS OF T}iE CTTY OF MIA"LI. EXHIBIT ~ U~ ~~"~ PAGE ~ OF ~ . :. ~ ~~ CITY CO!'~I SS IO,I AGE~;GA HEFTING i)~TE: ctober 28, 198 26. OROINAt~CE -FIRST READING Amending Chapter 22, entitled "Ga'rbage, Trash and Rubbish," of the City Code of the City of Miami, Florida, as amended, by a~;,ending Sections 21-1, 22-2, 22-5, 22-6, 22-7, 22-8, 22-9, 22-10, 22.13 and 22-39 of said Chapter 22 and by repealing in its entirety existing Section 21-11 of said Chapter and by renumbering existing Section Z2-12 as new Section 22-11 and by renumbering existing Section 22-13 as new Section 22-13 providing by said amendments the following: A change in the chapter titled to "Garbage and Trash"; new definitions therein for the term "trash" and deletion of the term "rubbish" from existing definitions; that the name for containers used by the pedestrian public be chanced from "trash" to "litter" and defining said latter tern; that all single family households and duplexes shall be entitled to collection of all garbage placed in approved containers; cocr~encing January 1, 1983, the following fee increases: An increase from seventy cents to one dollar in the charge for each container in excess of the number of containers al 1 owed certain commercial establishments for regular service collections; an increase in the annual waste fee for the purpose of defraying the costof waste collection and disposal from 575.00 to 3100.00 for residential units, from 538.00 to 550.00 for dwelling units in an apartment building, from 5145 to S195 for all businesses not serviced by private sanitation coTpanies; that the waste fees and delinquent penalties to be assessed in said chapter and those fees which have been assessed since January 1, 1981 constitute special assessment liens. • 27. RESOLUTION Authorizing the City Manager to execute a waiver agreement providing for a release of all claims of the City to telephone communications and computer equipment to be installed in a portion of the City of Miami/University of Miami• James L. Knight International Center by the lessees thereof. 28. Discussion of Federal Revenue Sharing Funds for. • Social Service Programs. ~ • 29. RESDLUTI01~ ~ ~ Authorizing the City Pianager to enter into a contract with Belafonte Tacolcy Center, lnc. to carry out the Pantry Pride site project. 30. Discussion of right-of-way for Miami Avenue Bridge. EXHII3IT ~. PAGE ~_._.. O F _~ PAGE N0. 7 FIRST READIt~C MOVED: DAF~'RI;1S SECO;ID: PLiT;L*fER NOES: CAROLED & PEREZ DEFERRED DEFERRED BY M-82-995 MOVED: PLU2•L`1ER SECOAID: DAN}:INS NOES: CAROLED b FERRE DEFERRED M-82-974 ' MOVED; PLUM'9.ER SECOND: CAROLED U2ipNTMOUS ~~""~.~~ r~ /~ M~ Chief of Police provide me with any information that they have gathered on this organization so I can be more informed, please. Mayor Ferre: All right, item 30. going to be running our cities when we lose our way of life. Mr. Carollo: Mr. Mayor, if I could say just a few more words on this matter before we close it. And for the benefit of some of the people who are going to be writing tomorrow morning attacking all of us here. It might be asked, well, what is the Miami City Commission doing getting involved in an issue such as this? Well, I'll tell you, for each of us elected, the main responsi- bility that we took upon ourselves when we took office was to protect life and property in the City. This orftanization whose main goal is to destroy our way of life, destroy our system here and to helo an animal who is 40 miles away from Key West try to accomplish his goals to destroy us. I think that what this Commission has done today is not only a service to this com- munity, is not only following the wishes of the aajority of the people in this cocaunity, but at the sane time, we've done a great service to this country. What this group has done is they have perpetrated, some of their key members are being directed by the KGB and DGI members in Cuba and to key spots through- out the country, mainly universities, and there they have recruited young people, many of them individuals who are very weak minded and have used these people. The Communist government of Cuba pays their way over there if they don't have the money to get there, and when they get .there, food, lodging, .,-.o. __............... `'arid everything•else is paid. If this happens. It~just happens, andrl~want to bring this out, because I know what the Miami Herald is going to be doing on this tomorrow. If there is anything that this Commission does to defend this country and to stand up for the ideas that our Forefathers had, they'll attack us, but if there is anything to defend Coc~unist countries, then they praise it. The best example that I could give right here today, of how these people have been able put sore of their people in key spots, is"an individual that we have right here today. He is the gentleman with the Marxist-type beard over there that writes for the Herald, Mr. Ricardo 2aldivar, as he calls him- self today, Mr. Zaldivar was a member of this Communist Brigade. He went there, to Cuba; from December 1977 to January of 1978 and spent almost a month there. ' The Communist government of Cuba paid all his stay along with the other members of that group that went to Cuba that tirue. They had the opportunity to meet with Fidel Castro for over four hours, personally shake his hand, talk to him much closer than any of you are sitting from me right now, just feet away from him, and through the whole time they were there the Communist government of Cuba made films, took pictures, after they left Cuba -there was this huge surge of propaganda of how these young people from America despised our way of life and praised Com:aunism. Well. when I started to briny out Mr. Zaldivar's background, I was attacked. by another one of his colleaErves in the. saner. n guy by the name of Roberto Fabricio. Mr. Fabricio stated in his column that Mr. 2aldivar had made a mistake, that the minute ha came back from Cuba he realized chat a hell~~that was. We11, that's funny what a mistake he made, especially, since my files are about this big of the Antonio Mateo Brigade. SomL 15 months later, when 'he left Cuba as one of the main writers in full support for the newspaper of the Antonio Mateo Brigade, Mr. 2aldivar was a writer there, and during all th.:t tine he didn't use the name 2aldivar there. he starting using it when he cane to write for the Herald. The name that he used was Ricardo Alonso, which is his real name, his father's name. 2aldivar happens to be his mother's name, funny how he dida't want to use that name when he got over here to write for the Herald. But the point chat I am trying to make is that it is very easy Lo say -well, Communists are something from the past~McCarthyism. Well, ladies and gentlemen, this is something chat is very much a reality and if we don't wake. up and we don't face these people up front, our way of life is going to be lost And the Ricardo Alonso's of the world will be the ones that are -^+•• 2. APPROt-E I21 PRIttCIPLE PLAit FOR F.ELOCATIOy OF APPROACH TO THE 22EW ~•'' t1Ir1AfI AVE2iL'E BRIDGE. jrj'' t' i f• ~= 7 c i'•_~.` _ f.r .. ~r ~. .. __ ... _. _.. .... ... ... _..._..... .., r..l'jr ?.:. ... _ ~.?f~~._,: l~_..._. ... 7~+,f_~ t~~.~r!~L~.Y~ ~•ui Mayor Ferre: All right, we are now on item 30. Is there anyone here for item 30? Is the attorney here for item 30, please? Would you step forward, don't hesitate now, we don't have time to lose. EXHIBIT ~., n 5 PAGE _~„_ 4 F _~ ACT ~ 3 ~~82 ~~~1~~ Chief of Police provide me with any information that they have gathered on this organization so I can be more informed, please. Mayor Ferre: A11 right, item 30. since my files are about this big of the Antonio Mateo Brigade. Some 15 months lster, when 'he left Cuba as one of the main writers in full support for the newspaper of the Antonio Mateo Brigade, Mr. Zaldivar was a writer there, and during all that time he didn't use the name Zaldivar there, he starting using it when he came to write for the Herald. The name that he used was Ricardo Alonso, which is his real name, his father's name. Zaldivar happens to be his mother's name, funny how he dlda't want to use that name when he got over here to write for the Herald. But the point that I am trying to make is that it is very easy to say -well, Communists are something from the past~McCarthyism. Well, ladies and gentlemen. this is something that is very much a reality and if we don't wakt,up and we don't face these people up front, our way of life is going Ito be lost. And the Ricardo Aloaso's of the world will be the ones that are going co be running our cities when we lose our way of life. Mr. Carollo: Mr. Mayor, if I could say just a few more words on this matter before we close it. And for the benefit of some of the people who are going to be writing tomorrow morning attacking all of us here. It might be asked, well, what is the Miami City Commission doing getting involved in an issue such as this? Well, I'll tell you, for each of us elected, the main responsi- bility that we took upon ourselves when we took office was to protect life and property in the City. This organization whose main goal is to destroy our way of life, destroy our System here and to hely an animal who is 90 wiles away from Key West try to accomplish his goals to destroy us. I think that what this Commission has done today is not only a service to this com- munity, is not only following the wishes of the majority of the people in this corsaunity, but at the sane time, we've done a great service to this country. What this group has done is they have perpetrated, some of their key members are being directed by the KCB and DGI members in Cuba and to key spots through- out the country, mainly universities, end there they have recruited young people, many of them individuals who are very weak minded and have used these people. The Communist government of Cuba pays their way over there if they don't have the money to get there, and when they get there, foods Io_dging, ~~`"and~everything~else is paid. If this happens. It just happens, and'I~want to bring this out, because I know what the Miami Herald is going to be doing on this tomorrow. If there is anything that this Commission does to defend "~ this country and to stand up for the ideas that our Forefathers had, they'll ~"~ attack us, but if there is anything to defend Communist countries, then they praise it. The best example that I could give right here today, of how these people have been able put some of their people in key spots, is'~'an individual that we have right here today. He is the gentleman with the Marxist-type beard over there that vzites for the Herald, Mr. Ricardo Zaldivar, as he calls him- self today, Mr. Zaldivar was a member of this Co©unist Brigade. He went there, to Cuba; from December 1977 to January of 1978 and spent almost a month there. ~ The CozIInunist government of Cuba paid all his stay along with the other members of thaC group that went to Cuba that time. They had the opportunity to meet with Fidel Castzo for over four hours, personally shake his hand, talk to him much closer than any of you are sitting from cue right now, just feet away from him, and through the whole time they were there the Cossuunist government of Cuba made films, took pictures, after they left Cuba -there was this huge surge of propaganda of how these young people from America despised our way of life and praised Cot~unism. Well. when I started to brinrt out Mr. 2aldivar's background, I was attacked. by another one of his colleagues in the parer, a guy by the name of Roberto Fabricio. Mr. Fabricio stated in his column tF~at Mr. Zaldivar had wade a mistake, that the minute h~ came back from Cuba he reali2ed what a hell `that was. Well, that's funny what a mistake he made, especially, 1. APPROVE Iti PRIttCIPLE PLAIT FOR F.ELOCATIO.y OF APPROACH TO THE 2IEW 21IA2'!Z AVE21L'E BRIDGE. Md Mayor Ferre: All right, ve ace now on item 30. Is there anyone here for item 30? Is the attorney here far item 30, please? Uould you step forward, don't hesitate now, we don't have time Co lose. ~XNIBIT ~. ~~ QCT G 3 i~~~ PAGE ~_ O F ,~ '~~""'~.~}2 Mr. James Reid: Mr. Mayor, Z want to move this item along, shall I speak first and explain the memorandw•n that went to the Commission very quickly? Basically, what we are talking about here, is the City assisting the State. We've been requested by the State to assist them in the relocation of S.E. 4th Street in order to more expeditiously permit the construction of the new Miami Avenue Bridge. As you know, the Miami Avenue Bridge was closed down in January of 1980. We hope that it will be open in July of 1985 because this is really a key artery for the City. Now, what we wanted to do and what the Commission...Commissioner Plw~ner has said on many occa- sions - don't tell us at the end of the process, tell us at the beginning where you are headed, so what we want to do is lay out for you the process that we want to follow on the closing of this S.E. 4th Street so that if there were problems we could deal with then nd deal with the CoaQaission's concerns at the same time. Basically what we are talking about is moving S.E. 4th Street from its current alignment to amore northerly alignment that pers-its better geometry in terr.:s of access to the bridge. This is something the State of Florida wants to do. They are either going to do this through negotiation or they are going to do it through condemnation and they have been working with the property owner cooperatively to accomplish this through negotiation and the process that Z laid out in my memorandum in which the property owner and the State are here to proffer on the record what they intend to do and put it into legally binding documents, that's what I want to describe to you. --~~~~~~~^~~^~ Basically, in terms of relocation of S.E. 4th, the way it would be accom-'~'~"''~"-'-'~'""""~' plished is the property owner would proffer a tentative plat to the City which shows the closing of the street in between his property and would ••M-•- •••~show the dedication of a new street as part of the plat. We feel that that will benefit the State because it means that they don't have to go to con- demnation on this process, it benefits the property owner because it consol- idates his parcels. To protect the City's interest, and what we. are looking at in evaluating what would the City need to'be protected of in~the future, _ we would be asking the property owner, at the same tine, to dedicate an easement for the Riverwalk so the Riverwalk could go all the way from the Convention Center eventually to the Miami Avenue Bridge and that would be done at this time and dedicate an easement for the downtown component of Metrorail. Mayor Ferre: And there is also an easement on the Riven+alk. Mr. Reid: The Riverwalk, the downtown cowponent of Metrorail and, of course, the equivalent right-of-way. What we want the State to proffer on the record, and this again will part of a legally binding document, that the State will hold the City harmless should there be any utility relocation. There are utilities in the street now, we don't want somebody cot^_ing back later and saying, "Well, the City wanted to close the street and they're responsible for the utilities". We want that to be on the record. So this tentative plat was filed under those conditions, the State would proffer on the record and in writing to us their responsibility for the utilities. The Co:ssnission would first take up the street closing and then the final plat. When the final plat comes before the Coutinission we would concurrently ask for the, and it would approve the dedication right-of-way, ask for the transfer to the State of any right-of-way. So basically that is the process we're talk- ing about. The property owner filing a tentative plat..... Mayor Ferrer Now let me understand this. The State, and that's the State's business, they will obviously compensate Mr. Coding somehow, there is some kind of compensation going on. And then as far as the City is concerned we're held harmless by the State of~any utilities that hove to be moved. Ide are given the right-of-way for the People Mover, the right-of-way for the Riverwalk and a replat on the property, is that i.t? :sir. Reid: That's right, and the replat is going to incorporate the dedica- tion and easements for the two rights-of-way. 4 Mayor Ferre: Is the administration recousnendinq it? Mr. Reid: Yes, we are. Mayos Ferre: Now let's hear from Mx. Goodknisht. Mr. Goodknight? Mr. Reid: Well, wanted the property owner and Mr. Goodk.~ight. Mayor Ferre: I'm going to get to each one following your memo. EXHIBIT ~ - Os n~~ ~ $ 19$~ rt PAGE __~__- O F ~_ • $~..~p~ ~ •:• ~ ~ Mr. John Goodknight: Mr. Mayor and Co:~issioners, thank you so such for assisting our schedule. We're here, as Jim has indicated, to to request your assistance in working out this right-of-way issue. As Jim has indi- cated, the Depart.^~ent has prepared to cause the relocation of the utilit- ies in the property to be vacated at no cost to the City. The right-of- way for Miami Avenue Bridge is under acquisition, it is a substantial dollar issue, we have atade a tentative arrangement with the property owner to sim- ply exchange rights-of-way so that we would not incur the condemnation cost. Mayor Ferre: So you're in favor of this Z assume. Mr. Goodknight: Yes, we are, we're co:n.ing to you really as a request from the Department of Transportation for the City's assistance in helping this right-of-way change occur. Mayor Ferre: Okay. And it has the Manager's recommendation? And you're willing to hold the City haz-c~less for utilitfes7 Mr. Goodnight: Yes, that`s correct. Mayor Ferre: All right, let's hear from the property owner. All right, these things, the memorandum dated October 22, Ztem 30, a memorandum from Jim Reid to the Manager, as he's outlined, these are the things you're will- ing to do, is that correct? Mr. Stephen Massey: That's correct. My name is Stephen N.assey and I'm associated with Armando Codina who is the property owner here. I would -"-' --' ' "~ just like to say a couple of things and I' d like to amplify what Dr. Good- - -~ -- knight said and that is that this is something the State has approached us with and Mr. Codina originally, approximately two years ago when this whole process started, opted to try to work with the State to go through this exchange process rather than force ther- to qo through condemnation proceed- ings which would be a very timely and costly process. The process has Laken quite some time, a lot longer than we had ever anticipated but we're still hopeful of coming through and trying to work the thing out to every- one's benefit. Mayor Ferre: Mr. Massey, give us the bottom line because we need to move along and we've taken you out to turn to acco.:.odate Mr. Goodknight so tell us yes..... Mr. Massey: The bottom line is that we're interested, we have pretty much made an agreement with the City, in our opinion giving the easement at this time, giving the easement for the People Mover and for the Itiverwalk at this time is really premature, it is really something that is done in a development stage. We're not in a development stage because we have been uncertain as to what the property is going to look for the last two years but we're still willing to do it at this stage .even though we feel that that may, you know, compromise our position.... Mayor Ferre: Obviously, we're going to be reasonable, if you've been as generous as all that, when you start developing and you say you need to move it five feet or need to do something we're going to go to bat, is that right, Mr. Goodknight, Dr. Goodnight? And I'm sure the State will also be as accomodating, and Mr. Manager, the City will go out of its way. We're not going to be nrbitrary, if you're being nice to us when it comes time for you to develop that property we're going to help you as much as we can. Mr. Masseys -We certainly appreciate that. One final note, I'd like to thank the Downtown Development Authority for its help in this matter in bringing us all together and trying to gez this matter resolved. Thank you very much. - Mayor Ferre: All right, questions from the Cosmaission? All right, is there a motion? a Mr, Plummer: So move. Mr. Carollo: Second. Mayor Ferre: All right, there is a notion by Plu.^~er, seconded by Carollo. Further discussion on the motion of approval in principle of what you have outlined today? Ail right, call the roll, please. EXN I 13 I T ~ O~ ~4~~Q2 rt PAGE ..~._ OF ~- ~~~ 2 $ ~g$~ r was introduced by Cotry^tissioner Plattner who moved its The following motion adoption: MOTIG:J t70. 82-974 A MOTION TO APPROVE Iti PRINCIPLE A PLA27 FOR THE RELOCATIC:l OF THE S.E. 4TH STREET APPROACH Tfl THE NEW MIAtyLI AVENUE • BRIDGE NORTHERLY TO A NEW ALIGtJ*~NT PARALLEL TO THE I-95 CONNECTOR. • Upon being seconded by Co~nissioner Carollo, the motion was passed and adopted by the following vote- AYES: Commissioner Miller J. Dawkins Cocanissioner Demetrio Perez, Jr• Commissioner J. L. Plutrner- Jr. Vice-Mayor Joe Carollo mayor Maurice A. Ferre _ NOES: None. ABSE.IT: None. .wt~i~itJdyr+sjYr-V:..etiCrhr..~.y~..?"rwve!.f't"r'~a~i• e, t,~`y...,.,• •Y.M~•A~I.-.~•.-Myr...'Y`.~rfnVv;..rt?f~•w~iF ilelY"t~''1~f!!sMw1~} . .. ~r. •. .. _ .. .. .. .• ..~ .. ... . ... ...... ~.•.. .- ,.•~Mni. .~.+-R•:'~.T r... .... ~•7 ~ .. ••~'JM .. .'~'/1..• ,.•. •.1 1~~.~1•..•~ • •t ••1.{ .r .~. r+.. y. ~. ...,-.'r..rr..~ f, 4 EXH I B I 1' ._,~._ I . ~ PAGE •~~ 0 F ~ 84~~~~ '. , ti •. •. ~ ~ r The following motion was introduced by Cotranissioner P1 ~. er who Moved its adoption: MOTZO:~ 2tO. 82-974 A MOTZON TO APPROVE IN PRItiCIPLE A PLA27 FORM ~~~~ ~;ZC:i OF THE S.E. 4TH STREET~WPALZGN*tENT PARr'~I.I.EI+ TO THE Z-95 BRIDGE NORTHERLY TO A CONNECTOR. Upon being seconded by Cottnissioner Carollo, the motion was passed and adopted by the following vote- AYES: Commissioner Miller J. Dawkins Coacnissioner pemetrio Perez, Jr. Commissioner J. L. Plattner, Jr. Vice-Mayor Joe Carollo . Mayor Maurice A. Ferre NOES: None. ABSENT: None. ' .~/ti~ip•r+-ifY-M:tir:i~~e+r.-,'f.."••1--nwr.e~.f7"-'+r...f.~~:,v.,2`vi~...~~.1n.M~'h'!N -••.-MR..:~Y'='.4xVw:.~n ~ . .... ~~~.. _ .. .. .. ..~ . ..n..... ... .. ... ...,-• ups.. ... .. ~ ... ~ ~ ...~ .. . ... Y •~r~q,:...:::.~....rs:v.~~... .... ,•l ` .. ~ 5t ~.w . . .'~'. •«. ... I,7 .. 1`•rww .. •f•~.{ .r .•-r.y, r.,.,. v!w~r.._ i S EXHIBIT ~ . .. ~ PAGE ,~? OF ~_ S~"'lUii~ '.. ,: . ~ ~~ TEAFPORARY EASEDtENT For and in consideration of TT,FENTY-EIGFiT THOUSAND FIVE HUNDRED AND NO/100 ($28,500.00) DOLLARS, the receipt of which is hereby acknowledged, I ARMANDO CODINA, Trustee, do hereby give, grant, bargain and release to the State of Florida Department of Transportation, hereinafter called the Depart.-nent, a temporary easement to enter upon that portion of the lands described as follows: See attached Exhibit 1, made a part hereof. This agreement is granted with the understanding that the property for which the easement is given will be used by the Department of Transportation for the rerouting of traffic during the construction of the southbound Miami Avenue Bridge exit facilities. This easement shall expire upon completion of this transportation project but not later than the day of • 19 Parcel No. 703 Section/Job $7513-2644 Miami Avenue Bridge & Approaches Dade County Signed, sealed and delivered bated this d'ay of in the presence of: ' - - - ......~ . 19 (Seal) EX!~IBIT "D" PAG ~ ___.~,_ 0 ~ ~_„ __.~~ s ~ STATE OF COUNTY OF Before me personally appeared Armando Codina, Trustee, to me well known and known to me to be the individual described in and who executed the foregoing ins*_rument and acknowledged before me that he executed the same for the purpose therein expressed. WITNESS my hand and seal, this day of A.D. 19 (Seal) Notary Public tfy Commission Expires: S r EXHIBIT "D" PAGE __Z_, O F ~_ 94-102 STATE OF COUNTY OF Before me personally appeared Armando Codina, Trustee, to me well known and known to me to be the individual described in and who executed the foregoing ins*_r::ment and acknowledged before me that he executed the same for the purpose therein expressed. ~_ ~9TTNESS my hand and seal, this day of A.D. 19 (Seal) Notary Public riy Commission Expires: ,, 1 ,, EXHIBIT "D" PAGE _~ 0 F __~___ 84-~~42 -. .. _- 1 r~ EXHIBIT 1 PARCEL 703 SECTI0~1 87513-2644 A part of Block 1 of FORT DALLAS C0~•1hiERCIAL CENTER, according to the plat thereof recorded in Plat Book 30 at Page 15 of the Public Records of Dade County, Florida, being more particularly described as follows:. BEGIN at the Southeasterly corner of Lot 12 in said clock 1; thence run N 02°19'00" W, along the East line of said Lot 12, fora distance of 28.21 feet to the point of intersection ~•~ith the arc of a circular curve concave to the Northeast; thence from a tangent bearing of N 78°26'01" W, run Northwesterly along the 'arc of said circular curve concave to the Northeast, having a radius of 608.50 feet, through a central angle of 00°34'34", for an arc distance of 6.12 feet to a point of tangency; thence run N 17°51'27" W, . tangent to the last described curve, fora distance of 52.78 feet to the point of curvature of a circular curve to the left; thence from a tangent bearing of ~~ 77°51' 27" W, run Plortha~esterl y to Southwester) y along the arc of said circular curve to the left, having a radius of 116.50 feet, through a central angle of 42°03'21", for an arc distance of 85.51 feet; thence run S 17°51'27" E for a distance of 139.50 feet to the point of intersection with the arc of a circular curve concave to the Southeast and the Southeasterly •~, line of said Lot 12; thence from a tangent bearing of N 69°24'37" E, run Northeasterly along the arc of said circular curve concave to the Southeast, having a radius of 100.00 feet, through a central angle of 03°00'21", for an arc distance of 5,25 feet to the Southeasterly corner of said Lot 12 and the POINT OF BEGINNING. Containing 3,482 square feet, more or less. ~, EXHIBIT "D" PAGE __~.__ OF ~_ 8~-142 r~ EXHIBIT 1 PARCEL 703 SECTION 87513-264 A part of Block 1 of FORT DALLAS COt•it•1ERCIAL CEPITER, according to the plat thereof recorded in Plat Book 30 at Page 15 of the Public Records of Dade County, Florida, being more particularly described as follows:. BEGIN at the Southeasterly corner of Lot 12 in said Block l; thence run N 02°19'00" W, along the East line of said Lot 12, fora distance of 28.21 feet to the point of intersection ~•~ith the arc of a circular curve concave to the Northeast; thence from a tangent bearing of N 78°26'01" W, run Northwesterly along the 'arc of said circular curve concave to the Northeast, having a radius of 608.50 feet, through a central angle of 00°34'34", for an arc distance of 6.12 feet to a point of tangency; thence run N 71°51'21" W, tangent to the last described curve, fora distance of 52.78 feet to the point of curvature of a circular curve to the left; thence from a tangent bearing of ~~ 17°51'21" W, run Northwesterly to Southwesterly along the arc of said circular curve to the left, having a radius of 116.50 feet, through a central angle of 42°03'21", for an arc distance of 85.51 feet; thence run S 11°51'27" E for a distance of 139.50 feet to the point of intersection with the arc of a circular curve concave to the Southeast and the Southeasterly line of said Lot 12; thence from a tangent bearing of N 69°24'37" E, run Northeasterly along the arc of said circular curve concave to the Southeast, having a radius of 100,00 feet, through a central angle of 03°00'21", for an arc distance of 5.25 feet to the Southeasterly corner of said Lot 12 and the POINT OF BEGINNING. Containing 3,482 square feet, more or less. EXHIBIT "D" PAGE ~_ OF !~ 84-102 AFFIDAVIT S'L'ATE OF FL:~:3I1)A ) SS. COUi>TY OF DADS ) Before me, the undersized authority, this day personally , appeared Armando Codina ,who being by tre first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the ' owner, sub,~v.tting the accompar-yir~ application for a public hea* i.ng as required by altiu~7ce No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of r~.iami as described and listed on the pages attached to this affidavit and mace a part ther•~of. 2. That all owners which he represents, if any, have given their lull and complete permission for him to act in their behalf for the chan~,e or modification of a classification or regulation of zoning as sei, out in the accocrpanying petition. 3. That the pages attached hereto and made a past af. this affidavit contain the current names, mailing addresses, phone numbers and ~ - legal descriptions for the real property which he is the owner ai legal representative. 4• The facts ~as represented in the application and docu^•,ents submitted•in conjunction with this affidav-i.t are true and correct. Further Affiant sayeth not. ' ., _ _© ~ (Namel uworn to and Subscribed before me this g D day of ~o~ ru~ewt].9 8:3 . r '.. L ,~ ~~ `Nota. blic, State of Florida at Large • ,' t!4y Cormiission Expires: •~~/•Lr \i ~i 1~.., ~,~~ ~~i~~r .:~ .J~.til v.~ i11 Lr~hVE i/~7 ~.~:"J.'.iti~!C~1 L'.' ti's] I.JV C+~ i•,5 7 f 84--142 ___ ~ O'vl~lER' S LIST Owner's name Armando Codina, Trustee Mailing Address One Southeast Fifteenth Road, Miami., FL 33131 Telephone Number 305-371-6660 Legal Description: See Attached Exhibit A Owner's Nane Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed~as follows: ~.- Street Address Legal Description S~ Fxhlblt B Corner S . E . 5th Street and S. Miami Avenue Street Address Corner of S.E. 3rd Street and South Miami Avenue ,~ Street Address ' Legal Description See Exhibit C Legal Description .. •„ s~-~~~z DISCUGSUfiE OF G4~:P1~;R~FiIP 1. Legal description and street address of subject real property: See Exhibit 'A' 2. Owner(s) of subject real property and percentage of ownership. Note: City of :•1iami Ordinance tio. 9419 requires disclosure of all parties avxng a financial interest, either direct or indirect, in the subject matter of a presentation, request or petitio~l to the City Com•nission. Accordingly, question ~2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and procortionate interest. See Exhibit 'B' 3. Legal description and street address of any real property (a) owned by any party listed in answer to question ~2, arx] (b) located within 375 feet of the subject real property. •• • STATE OF FUORIDA COUiV'I'Y GF DRDE See Exhibit ' C' .:---.,. c~~ c_~~ OWNEk OR fi` iVFd4E.•Y' FOK Otivt3ER SS: ) __~ ~tt~l;At~ on ~~n ~~„~, ,being duly sworn, deposes acid says that he is the (G•wner) (Attorney for OH•ner) of the real property described in answer to question 1(l, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the oymer. (SEAL) (~~~e) SWOF11i TO AND S[J6SC'tZIBED before me this 3,~n day of ~ ~gER , 1983 . MSC CO.~SifISSI~f Q~.PI:iES: •.~• ,~ ~.. Notary Public, Stake of Florida at Large ,, ~~ (over) 5~~~~~