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Home My WebLink AboutR-83-0129J-83-59 0 dh RESOLUTION N0. 3 -JLti A RESOLUTION ACCEPTING FROM CHOPIN ASSOCIATES, A FLORIDA GENERAL PART- NERSHIP, AND MIAMI CENTER LIMITED PARTNERSHIP, A GRANT OF EASEMENT FOR BAYFRONT VIALK PURPOSES IN RE- SPONSE TO THE DEVELOPMENT ORDER ISSUED BY THE CITY OF MIAMI BY RESOLUTION NO. 79-396 ADOPTED ON MAY 24, 1979, SAID GRANT OF EASE- MENT BEING EXECUTED ON JANUARY 21, 1983. THE CITY CLERK SHALL CAUSE RECORDATION. WHEREAS, Chopin Associates is the owner in fee simple of the Land described herein, and the Miami Center Limited Part- nership, is the long term Lessee of the Land described herein under that certain Ground Lease recorded March 31, 1980 in Dade County Official Records Book 10703 at Page 519; and WHEREAS, in the Development Order for the property dated May 24, 1979, the GRANTORS are required to grant a pedestrian easement on the property to the City of Miami in perpetuity for appropriate public purposes as a Bayfront Walk; and WHEREAS, the GRANTORS are desirous of granting such easement as it relates to Phase I of the Development in partial compliance with the Development Order; 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 for Bayfront Walk purposes which was executed by Chopin Associates, a Florida General Partnership, and Miami Center Limited Partnership, a Florida Limited Partnership on January 21, 1983. Clerk Section 2. The CityAof Miami shall cause the recordation of said Grant of Easement. -1- CITY COMMISSION MEETING OF F E B 10 1983 83--129 VZOLIGN ro....................,, e 11 PASSED AND ADOPTED this 10th ATTEST: Cl LPH t. ONGIE, CITY CLER PRZIA,, D APPROVED BY: DEPUTY CITY ATTORNEY -2- day of February Maurice A. Ferre MAURICE A. FERRE M A Y O R APPROVED AS TO FORM AND CORRECTNESS: , 1983. JOSE R. GARCIA-PEDROSA CITY ATTORNEY 83-129 CITY OF MIAMI. FLORIDA 69 INTER -OFFICE MEMORANDUM TO Howard V. Gary City Manager DOTE January 27, 1983 FILE. SUBJECT. Grant of Easement - Bayfront Walk at Chopin Plaza FROM REFERENCES (For Commission Meeting of Donald W. Cath February 10, 1983) Di ecto Works ENCLOSURES The Department of Public Works recommends the acceptance of a Grant of Easement for the Bayfront Walk as executed on January 21, 1983 by Chopin Associates, a Florida General Partnership, and Miami Center Limited Partnership, a Florida Limited Partnership. The Development Order issued by the City of Miami as authorized by Resolution No. 79-396, adopted by the City Commission on May 24, 1979, required the construction of a Bayfront Walk along the bayside of Tract "D", Dupont Plaza 50-11. As partial fulfillment of Phase I of this Development Order, this Grant of Easement is required along with the actual construction of the baywalk. WEP:slf Resolution attached CY/ 83-1,29 GR.4-NT OF F -%S M1ENT THIS INDENTURE made this ell✓ day of between CHOPIN ASSOCIATES, a Florida General Partnership, and M1AM1 CENTER LIMITED PARTNERSHIP, a Florida Limited Partnership, ("GRANTORS") and THE CITY OF MIAMI, a municipal corporation of the State of Florida, ("GRANTEE"): W I T N E S S E T H: UMEREAS, Chopin Associates is the owner in fee simple of the Land described herein, and the Miami Center Limited Partnership, is the long term Lessee of the Land described herein under that certain Ground Lease recorded March 31, 1980 in Dade County Official Records Book 10703 at Page 519; and WHEREAS, in the Development Order for the property dated May 24, 1979, the GRANTORS are required to grant a pedestrian easement on the property to the City of Miami in perpetuity for appropriate public purposes as a Bayfront Walk, and «'HEREAS, the GRANTORS are desirous of granting such easement as it relates to Phase I of the Development in partial compliance with the Development Order; NOW, THEREFORE, the GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the GRANTORS, do hereby grant, give, and convey to the GRANTEE, its s successors and assigns, a perpetual non-exclusive easement to use the Pedestrian Easement Area for appropriate public purposes over and across the surface of the following described land, situated in the City of Miami, County of Dade, and State of Florida, to - wit: See attached sketch and legal description of the Pedestrian Easement Area on Exhibit "A", attached hereto and made a part hereof. IT IS UNDERSTOOD AND AGREED by and between the parties hereto that the GRANTORS will design and construct a pedestrian walkway on the property hereby granted and shall always maintain said walkway so as to not allow it to be or become a nuisance. RESERVING UNTO GJ1,%,NTORS, the right of ingress and egress across, through, into, above and below such Pedestrian Easement Area by Grantors, their successors, assigns, guests, invitees, and persons doing business with Grantors, including the use of the waterfront abutting thve Pedestrian Easement Area for permissible marina and other purposes, public and private, or either; to use.. -the Pedestrian Easement Area for underground, installation, maintenance and facilities for utilities; and for other purposes not inconsistent with the public use of the Pedestrian Easement Area as a Bayfront Walk. RESERVING UNTO GRANTORS, moreover, the right to regulate the hours and manner of public use of the Pedestrian Easement Area so as to control access to the boats and shops on Grantors' property adjoining the Pedestrian Easement Area in the event of civil riot or other emergency or (with the advice of the City of Miami Police Department, and the consent of the Commission of the City), if needed to control theft or other violation of property or personal rights. AND FURTHER, RESERVING UNTO GRANTORS, their successors and assigns, whatever rights GRANTORS, their successors and assigns may have under other grants of conveyance, easement or license. GRANTORS, their successors and assigns hereby agree to indemnify and hold harmless the City, its successors and assigns, from any and all liability, costs, and expenses including reasonable attorney's fees, arising in connection with the ' construction and maintenance of the landscapped Pedestrian Easement Area by GRANTORS, provided, however, that nothing stated herein shall be construed as an assumption of liability by the GRANTORS resulting from the public's use of the Pedestrian Easement Area. This Grant of Easement is made by GRANTORS their successors and assigns on the condition that if GRANTEE, Its successors or assigns, ceases to use the Pedestrian Easement Area for public purposes as a Bayfront Walk, title to the Pedestrian Easement Area shall revert to and vest in GRAN TORS# their successors and a a assigns. THIS EASEMENT is granted to satisfy the requirement of the Development Order issued by the CITY OF MIA.MI as authorized by Resolution No. 79-396 adopted by the Commission of said City at a meeting held on the 24th day of May, 19799 as it relates to Phase I of the Development. IN WITNESS IYWREOF, the GRANTORS have caused these presents to be signed the day and year first above written. WITNESSES: !� CHOPIN ASSOCIATES, a Florida ----- Ge al Pagtership 7. By ___ T odore B. Gould Je .., General Partner By: Miami Center Corporation, a Florida Corporation General Partner B y : ........ - -- -------- T eodore B. Gould President MIAMI CENTER LIMITED PARTNERSHIP a Florida Limited Partnership By:__ - -- -- --------- T eodore B. Gould General Partner By: MIA1I CENTER OORPORATION, a Florida Corporation, General Partner -Theodore B. Gould, -President STATE OF FLORIDA ) SS. COUNTY OF DADE ) The foregoing instrument -was acknowledged before me this Lo% day of _ _ , 1983, by THEODORE B. GOULD, General Tartner C7 (ENO IN ASSOCIATES, a Florida General Partnership, on behalf of the Partnership. My Commission Expires: N--ota---r—— ublic -- ------------------ y P NOTARY PUBLIC STATE OF FLORIDA AT FARM MY COMMISSION EXPIRES SEPT 25 1985 AOND'D THRU GENERAL INS . UNDEC\;RITERS STATE OF FLORIDA ) SS. COUNTY OF DADE ) The foregoing instrument was acknowledged before me this _.il _ day of , 190, by THEODORE B. GOULD, President of IAMI CENTER CORPORATION; a Florida corporation, General Partner of CHOPIN ASSOCIATES, a Florida General Partnership, on behalf of the Partnership. ' My Commission Expires: _ NOTARY PUBLIC STATE OF FLORIDA AT LARGE No t a r P u b l i c MY COMMISSION EXPIRES SEPT 25 1985 %OND'D 1HRU GENERAL INS . UtIDERWRI ERS STATE OF FLORIDA ) SS. COUNTY OF DADE ) A, The foregqing instrument was acknowledged before me this 07(-day of __ __ _ _____________, 1983, by THEODORE B. GOULD, General Par tn of MIAMI CENTER LIMITED PARTNERSHIP, a Florida Limited Partnership on behalf of the Partnership My Commission Expires: ---------z----------------- 'NOTARY PUBLIC STATE OF FLORIDA AT LARGE No t a r Pub 1 1 c MY COMMISSION EXPIRES SEPT 25 1985 ' -n•,n•n iwi. G- jigm i-is uunERm.aFR5 STATE OF FLORIDA ) SS. COUNTY OF DADE ) 1' The fore oing instrument was acknowledged before me this day of _ _ _ , 1983, by THEODORE B. GOULD, President of IAMI ENTRA CORPORATION, a Florida Corporation, General Partner of MIAMI CENTER LIMITED PARTNERSHIP, a Florida Limited Partnership, on behalf of the Partnership. Ny Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LOGE Nota(V—Public MY COMMISSION EXPIRES SEPT 25 1.985 BONDED THRU GENERAL INS. UNDERWRITERS 83-129 1 N �o• ca►o2c' 00' • � � R• 25 A s Z/o 81 ' �o a m 4 fV moo' 4 s VJ 0 i 4 112e • P.O. I •I .0 ( W. 10 i �o } �l CD F o o� 0o _ F'I1RG� L ,dj.6S• -� sl y (WAN Ok9.) l Lil ' Z 0 W WWALK .0 ( I �M�►T I00 T RhCvT D o f WOOD I � l T dello C2' y fro (05.l(0' A+ W-fW 10 0 Exhibit "A" LEGAL DESCRIPTION BAYWALK EASEMENT A PORTION OF TRACT D, DU PONT PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50 AT PAGE 11 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE N.E. CORNER OF THE AFORESAID TRACT D; (ALSO BEING THE N.E. CORNER OF PARCEL B, AS SHOWN ON DRAWING NUMBER DC-2504, DATED AUGUST 6, 1982, PREPARED BY BISCAYNE ENGINEERING COMPANY, INC.); THENCE RUN S 00°04'07" E ALONG THE EAST BOUNDARY LINE OF SAID TRACT D, FOR 300.00 FEET TO A POINT (BEING THE S.E. CORNER OF SAID PARCEL B); THENCE RUN WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL B, FOR 20.10 FEET TO A POINT; THENCE RUN N 00°01'37" E FOR 300.00 FEET TO A POINT; THENCE RUN EAST, ALONG THE NORTH BOUNDARY LINE OF SAID TRACT D, FOR 19.60 FEET TO THE POINT OF i BEGINNING. FOR: HOLYWELL CONSTRUCTION CO. ORDER NO. 01-58533 F.B. NO. 1870-47 NOVEMBER 9, 1982 ISHMAEL S. MOHAMED REGISTERED LAND SURVEYOR NO. 2464 STATE OF FLORIDA BISCAYNE ENGINEERING COMPANY, INC. CIVIL ENGINEERS,•PLANNERS, SURVEYORS 529 WEST FLAGLER STREET MIAMI, FLORIDA 33130 83-129