HomeMy WebLinkAboutR-83-0509J-83-265
RESOLUTION NO. �,3-- 091
A RESOLUTION ACCEPTING FROM KNIGHT-RIDDER
NEWSPAPERS, INC. A GRANT OF EASEMENT AND
RESTRICTIVE COVENANT TO RUN I4ITH THE LAND AT
ONE HERALD PLAZA RELATING TO THE INSTALLATION
AND MAINTENANCE OF A LANDSCAPED WALKWAY AND
OTHER PEDESTRIAN ORIENTED AMENITIES IN CONNEC-
TION WITH THE BAY EASEMENT AT HERALD PARK
(121-4) AND DIRECTING THE PROPER OFFICIALS TO
RECORD SAID EASEMENT -COVENANT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, The Miami Herald Publishing Company, a Division of
Knight-Ridder Newspapers, Inc., a Florida corporation, applied to
the City of Miami for zoning variances and for modification of re-
quirements of Section 3(4) of the City Charter to permit construc-
tion of a sixth -floor addition to the Miami Herald building at One
Herald Plaza, Miami, Florida; and
WHEREAS, the Commission of the City of Miami granted said
application subject to the conditions set out in Resolution No. 82-460
and Resolution No. 82-461, adopted May 27, 1982, as modified and
clarified by Resolution No. 82-779, adopted September 9, 1982; and
WHEREAS, the Grantor is the fee simple owner and record title
holder of the subject real property described in the plat of Herald
Park, recorded in Plat Book 121, at Page 4, of the Public Records
of Dade County, Florida, and the improvements consisting of the
Miami Herald building aforesaid, which is hereinafter referred to
as the "Property"; and
WHEREAS, the Grantor has offered to dedicate and grant to the
City a permanent easement for pedestrian access on, over and across
the portion of the property more specifically described in Exhibit
"A" attached hereto and made a part hereof, which is hereinafter
referred to as the "Bay Easement"; and
WHEREAS, the Grantor desires to construct and maintain landscaped
walkway and other pedestrian oriented amenities in connection with
-1-
CITY COMMISSION
MEETING OF
J U 14 9p 1983
11
r]
the Bay Easement for the benefit of the citizens and residents of
the City and the general public, in accordance with the terms and
conditions herein prescribed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City of Miami Commission does hereby accept the
Grant of Easement and Restrictive Covenant for Bay Easement pur-
poses which was executed by Knight-Ridder Newspapers, Inc. a Florida
corporation on February 7, 1983.
Section 2. The recording of the above Grant of Easement and
Restrictive Covenant in the Public Records of Dade County, Florida
is hereby approved and authorized.
PASSED AND ADOPTED this 901
1983.
ATTEST:
RA PH G. ONGIE
NS CITY CLERK
day of June
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
APPROVED AS TO FORM
PREPARED AND APPROVED BY: AND CORRECTNESS:
r
ASSISTANT CITY ATTORNEY 1 JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
-2-
GRANT OF EASEMENT AN'D RESTRICTIVE COVF.?IANTS
is
THIS GRANT executed this day of February, 1983, by
r
KNIGHT-RIDDER NEWSPAPERS, INC., a Florida corporation
(hereinafter called "Grantor"), is made to the City of Miami
for the purposes and upon the terms and conditions prescribed
herein.
WITNESSETH :
WHEREAS, The Miami Herald Publishing Company, a
Division of Knight-Ridder Newspapers, Inc., a Florida
corporation, applied to the City of Miami for zoning variances
and for modification of requirements of Section 3(4)(b) of
the City Charter to permit construction of a sixth -floor
addition to the :Miami Herald building at One Herald Plaza,
Miami, Florida; and
WHEREAS, the Commission of the City of Miami granted.
0 said application subject to the conditions set out in
Resolution No. 82-460 and Resolution No. 82-461 adopted
May 27, 1982, as modified and clarified by Resolution No. 82-779
adopted September 9, 1982; and
WHEREAS, the Grantor is the fee simple owner and record
title holder of the subject real property described in the plat
of Herald Park recorded in Plat Book 121, at Page 4, of the
Public Records of Dade County, Florida, and the improvements
consisting of the Miami Herald building aforesaid, which is
hereinafter referred to as the "Property"; and
This Instrument Prepared By
Darrey A. Davis
Steel Hector & Davis
Southeast Bank Building
Miami, Florida 33131
STEEL HECTOR 6 DAVIS. MIAMI, FLORIDA
83--5091
1
WHEREAS, the Grantor has offered to dedicate and
grant to the City a permanent easement for pedestrian
access on, over and across the portion of the property
more specifically described in Exhibit "A" attached hereto
and made a part hereof, which is hereinafter referred to as
the "Bay Easement"; and
WHEREAS, the Grantor desires to construct and maintain
landscaped wall:way and other pedestrian oriented amenities
in connection with the Bay Easement for the benefit of the
citizens and residents of the Citv and the general public,
in accordance with the terms and conditions herein
prescribed; and
WHEREAS, the purpose of this instrument is to submit
the subject property to the easement, conditions and
restrictive covenants prescribed herein.
NOW, THEREFORE, the Grantor, for good and valuable
consideration, the receipt and sufficiency of which is
hereb;, acknowledged, covenants and agrees as follows:
1. Grant of Bay Easement. The Grantor hereby grants
• to the City of Miami a perpetual non-exclusive easement on,
over and across the Bay Easement and the entrance features
providing access thereto, as particularly described in
Exhibit "A" attached hereto and as shown on the plat of
Herald Park, for the use and benefit of the public as a
pedestrian walkway and entrance access, subject to the
conditions hereinafter prescribed.
2. Landscaping and Beautification Requirement. The
Grantor covenants and agrees that the landscaping and
beautification of the subject property described in the plat
of herald Park and the Bay Easement shall be accomplished in
accordance with the detailed plan heretofore submitted on
behalf of the Grantor and approved by the City, and the
-2-
STEEL HECTOR 6 DAVIS. MIAMI, FLORIDA
8 3-5091
WHEREAS, the Grantor has offered to dedicate and
grant to the City a permanent easement for pedestrian
access on, over and across the portion of the property
more specifically described in Exhibit "A" attached hereto
and made a part hereof, which is hereinafter referred to as
the "Bay Easement"; and
WHEREAS, the Grantor desires to construct and maintain
landscaped wal}:way and other pedestrian oriented amenities
in connection with the Bay Easement for the benefit of the
citizens and residents of the City and the general public,
in accordance with the terms and conditions herein
prescribed; and
WHEREAS, the purpose of this instrument is to submit
the subject property to the easement, conditions and
restrictive covenants prescribed herein.
NOW, THEREFORE, the Grantor, for good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, covenants and agrees as follows:
1. Grant of Bay Easement. The Grantor hereby grants
• to the City of Miami a perpetual non-exclusive easement on,
over and across the Bay Easement and the entrance features
providing access thereto, as particularly described in
Exhibit "A" attached hereto and as shown on the plat of
Herald Park, for the use and benefit of the public as a
pedestrian walkway and entrance access, subject to the
conditions hereinafter prescribed.
2. Landscaping and Beautification Requirement. The
Grantor covenants and agrees that the landscaping and
beautification of the subject property described in the plat
of Herald Park and the Bay Easement shall be accomplished in
accordance with the detailed plan heretofore submitted on
behalf of the Grantor and approved by the City, and the
-2-
3-509)
STEEL HECTOR 6 DAVIS, MIAMI, FLORIDA
Grantor shall expnnC: for such purpose an -mount not less
than $300,000.00.
3. Use an,? Maintenance Posorvation. 5ubjnct to the
provis4ons of paragraph 2 her.einabove, the Grantor reserves
to itself, its successor's an,' assigns, the right, pri -ilege
and Casement to go on, over and across said may' Easement
anti to use portion_., thC'reof to construct, reconstruct,
maintain, repair, replace, improve, alter, remove, relocate
an:: inspect landscaping, c•:alk,.,.a}'s, improvements and appurtenant
equipment and accessories reasonably necessary for the creation,
operation and maintenance of a landscaped pc-3uc!tri.an
anc: entrance access on the Bav Easement, and to use the subject
property in any reasonable manner not inconsistent with the
prov isi.ons of t!:i.s agree:^tent.
4. Fight to Close 'B, r., Easement to Public Use. The
Grantor shall have the right to close the Bay Easement to
use and access by the public and reser%o to exclusive use b",
the Grantor all the subject property at such times that the
use thereof is needed for docking and unloading newsprint
from water barges for storage in the Miami Herald building,
but in no event shall said easement be closed from public access
more than a total of 54 days during any calendar year without
permission from the City Manager.
5. Obligation to Construct and Maintain. The Grantor
hereby covenants and agrees to construct and maintain at its
expense landscaped walkway and entrance access on the Bay
Easement in accordance with the City's design guidelines as
shown by the Plans heretofore submitted by Grantor and approved
by the City, including the detailed landscaping and beautifi-
cation plan. The Bay Easement construction work shall be
coordinated in time sequence with the construction of the
authorized sixth -floor addition to the Miami Herald building
in accordance with sound construction practices and procedures.
-3-
ST FEL HLCTOil & DAVi MIAMI, Ft.ORIDA 83-5091
11
r
G. Certificate of nccunanav
A f i-nal. certi fi' ate of
occupancy for the sixth -floor addition to the '•liami Herald
building shall be issued when the Grantor submits to and
secures approval from the City Commission of appropriate proof
that the Grantor has complir'.:i with the provi::ions of this
agreement gov,Drning the construction of a lan,Isca_Jed :•7al1't.7ay
an(' entrance access in the Bay Easerient in accordance with the
aplans.
7. In"cmnification of City, The Grantor, its
successors and assigns, hereby agree to in(Iernnify and save
harmless the City, its, successors an,3 assigns, from an-, and
all liability, cost any? e:•:pense (incluc?ing reasonable
attorney's fees) arising in connection with the construction
an�i maintenance of the landscape-01 pedestrian waD-,.:a,, and
entrance access .')y Crantor. Nothing herein s:;all be construe:
as an assumption of liability by the Grantor resulting from
the public's use of the landscapec? pedestrian ar`as.
8. Contribution for Connectinq Walkviay. When a
building, permit is issued for construction of the sixth -floor
addition to the Pliami Herald building, the Grantor shall pay
to the City the sum of $100,000.00 to be applied toward the
cost of constructing a pu.Dlic connecting walkv.,ay between the
- Miami herald bay walkway and Bicentennial hark. in addition,
if the Grantor elects, in its discretion, to utilize television
monitors for security surveillance in connection with the
public walkway on the Miami Herald property, then it shall be
the responsibility of the Grantor to provide and maintain a
similar television monitor for the connector walkway at its
exp(--nse If construction of the connector walkway is not
commenced by the City within three years from the date of
4
this agreement, said cash contribution of $100,000.00 and any
-4-
S1FE_L liECTOR & GAVJS. MlAMI FLORIDA
53-5031
accrued intere:;t shall he utilized b_, th Cit_ J for creating
or il:iprovinR pe:3estrian accc�;s, park or r.ccreation facilities
in the general area.
9. Parking, Pe,jui.remcnts. The Grantor covenants and
agrees that it will continuc to provi(:c anti maintain a
II7121111Ium 917 parking spaces in connection with thn :1iami
IIora1"1 1)uiIding.
10. Ar_nr.o-ral of Plan;. This agreement is executed and
deli%-ered %•:ith the uncicrstan�ling and upon thn condition that
all final plans and st-ec-Li ication. necossar%, for the construc-
tion of the pro )oseci pedestrian wali:,• a,,• in the Bay Easement,
including lanuSCapin g, an-: entrance access, have I -Cc l
accepted and approved by the City and its Departments as
co nstitutlnc: full co-'':1lance `:'it}1 the require:..-,nts O:
.J
Resolutions ;cos. 82-460 and 82-4G1, as modified alld clarified
by Resolution No. 82-7/79, and that no additional plans or
modifications or a(3ditions are required in oraer for the
Grantor to proceed with this construction work.
11. City Commission Review. The performance of the
terms and conditions of this agreement by the Grantor is
subject to review by the City Commission one year from the
date hereof. If the Coml:iission finds that the Grantor has
fully performed all requirements, tho City will furnish
Grantor with a recordable certificate so certifying the
Grantor's performance.
12. Recordation. This instrument shall be recorded
in the public records of Dade County, Florida, and it is
to be construed as constituting covenants running with the
Tana binding on the Grantor and The Miami Herald publishing
Company, a Division of the Grantor, and their successors
and assigns, and enforceable against the City as to the
-J-
5TCC L tf F C I -)P & D1�, J-11A J•tl i L :l:lDG
(;latter.; constituti,q the conslcI"ration for C•xecl,.tion
of this agreement.
IN WITNE.,^ WHEPE,OF', the Grantor has executed this
Grant of basement and' Restrictive Covenants the day an-?
year first above written.
(Cori --orate Seal)
Att:^St:
KNIGiIT-RID7ER F.,ISPAP EPS , II C .
J.7'01ES F. BATTEN, Presic'.cnt
E. CL:�it i, Secretary
STATE OF FLORIDA )
ss..
COUNTY n^ DADE )
The foregoing instrument �•ras ackr.o•::lcC gee'. before me
this ' J _ day of February, 1983, by jA,".ES 1,. 13ATT .:;,
President, and CHARLES E. CLAM,, Secretary, of 'Knight-Ridder
Newspapers, Inc., a Florida corporation, on behalf of the
corporation.
( VOTARY SEAL)
APPROVED AS TO FOR1111 ANI)
CORRECTNESS:
AI'it, Attorney
THIS INSTRUMENT IS ACCEPTED
PURSUANT TO RESOLUTION
140.
PASSED AND ADOPTED
� r
[rotary Publ,
0
My Commission expires:
APPROVED:
Department or- Puts is Wo- r—ks —
THIS INSTRUMENT .1Pj'RO/VI?D BY:
�? -��
tipt
tment of Law
of Miami, Florida
STCE_L HEC T(-,;: 6 EDAV 15, M I A M I FL C, GZ IJA
8 3-5091
2
E
EUGENE GENES, P L
GABRIEL L GENES P L S
SURVEYORS • ENGINEERS • PLANNERS
D:;S�RII TIC': CF L'AY :''AiK
li iAL) i A?X
it'. � ', I,.. d:, s., , E ... ,
That ortion of Lot 20, Block 2, A 'i:':Di:i) T'LAT C? LCT:; It TC I:'".." I' LIB. 1 AI:D
LC:J 1� Y 20 II.CL'J;;IVE Dlt:;.,.. 2 CF ; ;3U?DI'i1;;ICI. CW UT;; 25i2_5 ? 70 I:.:h:;C:; 'IILEA
S'►; D1 1S_IC:. h;:?) I,CT:3) 1 L 2 BIB;,;. 1., GA!�I)::i OY ED: 3",,"n?)IYI::IC.', according to the
I'l.at thereof, recorded in I'lat 3ook 3o at Fags 20 of the Fublic ?ccords of Dade County,
Flori•in.; ani a portion of tho:e unplattecl 1anr1r, in the ,:F ;t '- cf ec+_ion 31, Township
53 :oa .:, 2«r. 40 Fact,' and a portion of Lot.,1 throu--h 15, Br:Y ?n':A, according to
t e slat t ereof, recorded in Mat looll- 7 a Fa;e 13C of the Fublic 'records of Davie
Count,; , Florida; and a portion of Lots S-?, d-91, :',-10, .•1-11, W-12 an� 1-4 Tl;
_AY FILL, accordin; to the Ilat f, r1 .-Flat- Ecok 5 at Page 120,
thereof, recor. 'd in '
of the Fublic Recordo of Dade Count;;, Floriclu; cont:zinin; 26,6,2 souare feet, more
or less, lyir.C- and being in the City of :'iami, Dadit Count;,, Florida, described an
folio...'
a,. t.... 1ntCr_ C +G:: of tt.,, 1:0 th line Of' said Lu„ 20, Block 2, name „ ins
,.r.e �o ri h O Hay lire of .,o . _ heast 1-.. Street (Venetian ..a uc _wa. wi .,h the
D LI:*E', accor-?ir.; to the Plat thereof, recorded in Mat look 711
at I a n 18 of the Fublic pecor:;s of Dade County, Florida; thence run
alenr; the I:ort'� line of -aid Lot 20, ?loct: 2, for a distance of 7;.20 feet, to a
point; thence run SCU"I;, for a cictance of 15 feet, to a ~.oint; thence run AST,
for a ..t:!v of 1to a point; thence run SOU .1, for a ci_ct?,nce of lr- fC'-t,
t•o a point; tl.ence run .:.;5,, for a diti.tanc; of 15 feet, to a point; thence run
for a distance of 15 feet, to a point; 7, for s thence run Ey5_ G.. a distance of 7.33 feet, to a point; thence run SCUT11, for a distance of 1'96.u5 feet, to a point;
thence run �1EST, for a distance of 3M3 feet, to a point; thence run SCUT11, for
a distance of 240.97 feet, to a point on the I:ortherly right of way line of the
�I-�.5) .�,., I. ,.� thereof,
)0 :«:. CAD o. 8, accorain- to the Flat
recorded in Flat. Book 83, at .?re 70 of -'he PL.,blic '.ecor' -_ of Dade Count,:, Florida,
anal in the ST�i., 'C'AD PI11LAi :A:C,': 5;200 (2rOI)240; there run
°G_
1 8328' 01"E. , al the l;ort-herly ri c,ht of ::a,, line of said `AST - r1LS T EX11?-ESU:'AY,
I a distance of 45.46 feet, to a point on paid DADr CC'J':TY FU? SAD LINE; thence
run 1:.2°12' 25"E. , along said DADS CCU::TY BULI`: EAD LINE, for a distance of 779.41 feet,
to the PCIitiT Or BECI'+P�IEG.
i1a liEPLEY CERTIFY: T1:at this DESCRIFTION OF BAY WALi;, 1iERALD FA71•; is true and
correct, to the boot of our knodldege and belief, as prepared under our direction,
on this 1st day of October, 1982.
DENZ- , &• T) I:ES & ASSOC. , INC.
Gabriel. L. Denes, I: LS 1908
State of Florida
EXI1I13I`I' "A"
83--50111
ft
i
65
TO
F r,3:•
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
Howard V. Gary DATE March 14, 1983 FILE
City Manager SLB_E=' Resolution Accepting Grant of
Easement and Restrictive Covenant
for Bay Easement for Pedestrian
Access at Herald Park Plat and
Donald W. Cather
"`E F- "Eb Bicentennial Park
,tor Works E ._._,. (For Commission Meeting of
April 14, 1983)
The Department of Public Works recommends
adoption of a Resolution accepting a
Grant of Easement and Restrictive Covenant
to Run With The Land from Knight-Ridder
Newspapers, Inc., relating to the installa-
tion and maintenance of a landscaped walkway
and other pedestrian oriented amenities
in connection with the Bay Easement at
Herald Park Plat (121-4), and directing the
proper officials to record said Covenant in
the Public Records of Dade County, Florida.
The Miami Herald Publishing Company, a Division of Knight-Ridder
Newspapers, Inc., a Florida corporation, applied to the City of Miami
for zoning variances and for modification of requirements of Section
3(4) of the City Charter to permit construction of a sixth -floor
addition to the Miami Herald building at One Herald Plaza, Miami,
Florida.
The Commission of the City of Miami granted said application subject
to the conditions set out in Resolution No. 82-460 and Resolution No.
82-461, adopted May 27, 1982, as modified and clarified by Resolution
No. 82-779, adopted September 9, 1982.
The Grantor has offered to dedicate and grant to the City a permanent
easement for pedestrian access on, over and across the portion of the
property more specifically described in Exhibit "A", attached hereto
and made a part hereof, which is hereinafter referred to as the "Bay
Easement".
The Grantor desires to construct and maintain landscaped walkway and
other pedestrian oriented amenities in connection with the Bay Easement
for the benefit of the citizens and residents of the City and the
,general public, in accordance with the terms and conditions herein
prescribed.
RB:rj
Resolution and Covenant -Easement attached
83-5091