HomeMy WebLinkAboutR-83-0130J-83-58 6 0
RESOLUTION NO. E-3--•130
A RESOLUTION ACCEPTING FROM (MIAMI CENTER
JOINT VENTURE), A FLORIDA JOINT VENTURE,
A GRANT OF EASEMENT FOR THE RIVERWALK FOR
APPROPRIATE PUBLIC PURPOSES EXECUTED
JANUARY 21, 1983 IN RESPONSE TO THE DEVELOP-
MENT ORDER ISSUED BY THE CITY OF MIAMI AS
AUTHORIZED BY RESOLUTION NO. 79-396 ADOPTED
BY CITY COMMISSION ON MAY 24, 1979 AS IT
RELATES TO PHASE, II OF THE DEVELOPMENT. THE
CITY CLERK SHALL CAUSE RECORDATION WHEN
APPROPRIATE.
WHEREAS, the Miami Center Joint Venture is the owner in fee
simple of the land described herein; and
WHEREAS, in the Development Order for the property dated
May 24, 1979, the Owner is required to grant a pedestrian easement
on the property to the City of Miami in perpetuity for appropriate
public purposes as a River Walk; and
WHEREAS, the GRANTOR is desirous of granting such easement
as it relates to Phase II of the Development in partial compliance
with the Development Order; and
WHEREAS, this easement is granted to satisfy the requirement
of the Development Order issued by the CITY OF MIAMI as authorized
by Resolution No. 79-396 adopted by the Commission of said City
at a meeting held on the 24th day of May, 1979, as it relates to _
Phase II of the Development.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Grant of Easement for the River Walk
executed on January 21, 1983, by Miami Center .'oint Venture, a
Florida Joint Venture, is hereby accepted.
Section 2. It is agreed by the City that this Grant of
by the City Clerk
Easement will be held in escrow and not recordednuntil such time
as the proposed construction on this tract is completed by the
present owner or lessee, however, if no construction is completed
by 1990, this escrow will be voided and the CityA witl record this
easement.
_ 1 _ CITY COMMISSION
MEETIN
FEB�On
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RESOLUTIONNO.............».....«
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PASSED AND ADOPTED this loth day of February 1983.
Section 3. That no Certificate of Occupancy for this develop-
ment will be granted until such time as the River Walk construction
is completed and accepted by the City of Miami.
ATTEST:
RALP G. ONGIE, CITY CLEICK
PREPARED AND APPROVED BY:
-2-
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
APPROVED AS TO FORM AND
CORRECTNESS:
'? 4u ct�,
R. GARCIA-PEDROSA
CITY ATTORNEY
Q3-130
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CITY OF MIAMI, FLORIDA
70 INTER -OFFICE MEMORANDUM
TO Howard V. Gary
City Manager
FROM
Donald W.ppfCaPPthher
Director./ip Works
DATE January 27, 1983 FILE.
SU9JECT Grant of Easement - River Walk
REFERENCES
ENCLOSURES (For Commission Meeting
of February 10, 1983)
The Department of Public Works recommends
the acceptance of a Grant of Easement for
the River Walk as executed on January 21,
1983, by Miami Center Joint Venture, a
Florida Joint Venture.
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 River Walk along the perimeter
of Tract "D", Dupont Plaza 50-11.
As partial fulfillment of Phase II of this Development Order, this
Grant of Easement is required along with the actual construction of
the Riverwalk,
The City has agreed to hold this Grant of Easement in escrow until
construction of the project is completed.
WEP:rj
Resolution attached
83-130
11
a
GRANT OF_EASEMENT
R I VERWALK
THIS INDENTURE made this oil , day of , 1983,
between the MIAMI CENTER JOINT VENTURE, a Florida Joint Venture,
("GRANTOR") and THE CITY OF MIAMI, a municipal corporation of the
State of Florida, ("GRANI`FE"):
W I T N E S S E T H:
WHEREAS, the Miami Center Joint Venture is the owner in fee
simple of the Land described herein, and
WHEREAS, in the Development Order for the property dated May
24, 1979, the Owner is required to grant a pedestrian easement on
the property to the City of Miami in perpetuity for appropriate
public purposes as a River Valk, and
WHEREAS, the GRANTOR is desirous of granting such easement
as it relates to Phase II of the Development in partial
compliance with the Development Order;
NOW, THEREFORE, the GRANTOR, 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
GRANTOR, does hereby grant, give, and convey to the GRANTEE, its
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 GRANTOR 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 GRANTOR, Its successors and assigns, the
right of Ingress and egress across, through, into, above and
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below such Pedestrian Easement Area by Grantor, their successors,
assigns, guests, invitees, and persons doing business with
Grantor, including the use of the waterfront abutting the
Pedestrian Easement Area for permissible marina and other
purposes, public and private,_Qr either; to use the Pedestrian
Easement Area for underground, installation, maintenance and
facilities fcr utilities; and for oth-r purposem. nit .inconsistent
with the public use of the Pedestrian Easement Area as a River•
Walk.
RESERVING UNTO GRANTOR, its successors and assigns,
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 and structures on Grantor's 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 GRANTOR, its successors and
assigns, whatever rights GRANTOR, its successors and assigns may
have under other grants of conveyance, easement or license.
GRANTOR, its 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 GRANTOR, provided, however, that nothing stated
} herein shall be construed as an assumption of liability by the
GRANTOR resulting from the public's use of the Pedestrian
Easement Area.
THIS Grant of Easement is made by GRANTOR, Its 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 GRANTOR, Its successors and
assigns.
83- .30
THIS EASEMENT is granted to satisfy the requirement of
the Development Order issued by the CITY OF MIAMI as authorized
by Resolution No. 79-396 adopted by the Commission of said City
at a meeting held on the 24th day of May, 1979, as it relates to
Phase II of the Development. '
IN WITNESS WHEREOF, the GRANTOR' has caused these presents to
be -s igned t'he day and -year f i r s t above wr Ft'ten.
WITNESSES
MIAMI CENTER JOINT VENTURE
a Florida Joint Venture
By'--- ----------------------
T odore B. Gould
Managing Venturer
STATE OF FLORIDA ) SS.
COnTY OF DADE )
THE FOREGOING instrument was acknowledged before me this
all _ day of _ _ 1983, by THEODORF. B. GOULD,
Managing Venturer of the MIAMI CENTER JOINT VENTURE on behalf of
the Joint Venture.
WITNESS my hand and official seal in the City of Miami,
County of Dade and State of Florida, the day and year aforesaid.
--------
Notary Publi , State o7 Midi at Larg
Midie
My Commission Expires:
NOTARY PUBLIC STATE OF FLOWDA AT LARGE
W CQY:M';Si%lN WIdFS SEPT 25 1985
BONDED THRU GENERAL INS. UNDERWRITERS
%u s Imtrumlmt Prepared By:
Phillip A. Yaffa
300 Miami Centres
100 Chapin Plaza
Miami., Florida 33131
83-IL30
LEGAL DESCRIPTION
RIVERWALK EASEMENT
A PORTION OF TRACT D, DUPONT PLAZA, 6CSORDING 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:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT D; THENCE RUN SOUTH 00004'07"
EAST ALONG THE EAST BOUNDARY LINE OF SAID TRACT D A DISTANCE OF 300.00 FEET
TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE
DESCRIBED; THENCE RUN SOUTH 00°04'07" EAST ALONG THE EAST BOUNDARY LINE
OF SAID TRACT D FOR A DISTANCE OF 52.27 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 65.16 FEET;
THENCE RUN SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71-02159" FOR A DISTANCE OF
80.80 FEET TO THE POINT OF TANGENCY, SAID POINT BEING ON THE SOUTHERLY
BOUNDARY OF SAID TRACT D; THENCE RUN SOUTH 70*58152" WEST ALONG THE
SOUTHERLY BOUNDARY OF SAID TRACT D A DISTANCE OF 73.53 FEET TO A
POINT OF DEFLECTION; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF
SAID TRACT D RUN SOUTH 70°58'36" WEST A DISTANCE OF 625.56 FEET TO A
POINT, SAID POINT BEING 119.02 FEET FROM THE MOST SOUTHWESTERLY
CORNER OF SAID TRACT D; THENCE RUN DUE NORTH A DISTANCE OF 21.16 FEET
TO A POINT; THENCE RUN NORTH 70°58'36" EAST ALONG A LINE THAT IS
PARALLEL TO AND 20 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE
SOUTHERLY BOUNDARY OF SAID TRACT D A DISTANCE OF 618.69 FEET TO A
POINT OF DEFLECTION; THENCE RUN NORTH 70*58152" EAST ALONG A LINE
THAT IS PARALLEL TO AND 20 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE SOUTHERLY BOUNDARY OF SAID TRACT D A DISTANCE OF 73.53 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING
A RADIUS OF 45.16 FEET; THENCE RUN NORTHEASTERLY, NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING CONCENTRIC TO AND
20 FEET DISTANT FROM THE FIRST MENTIONED CURVE, THROUGH A CENTRAL
ANGLE OF 71-02159" FOR A DISTANCE OF 56.00 FEET TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00*04107" WEST ALONG A LINE THAT IS
PARALLEL TO AND 20 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,
THE EAST BOUNDARY OF SAID TRACT D A DISTANCE OF 52.29 FEET TO A
POINT, SAID POINT BEING 300.00 FEET SOUTH OF THE NORTH BOUNDARY OF
SAID TRACT D; THENCE RUN EAST A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING, CONTAINING AN AREA OF 16,327 SQUARE FEET, MORE OR LESS.
FOR: HOLYWELL CONSTRUCTION CO.
ORDER NO. 01-58533
F. B. NO. 1870-47
JANUARY 4, 1983
BY
ISHMAEL S. MOHAMED
REGISTERED LAND SURVEYOR # 2464
STATE OF FLORIDA '.
BISCAYNE ENGINEERING COMPANY, INC.
CIVIL ENGINEERS, PLANNERS, SURVEYORS
529 WEST FLAGLER STREET
MIAMI, FLORIDA 33130
6
83-13G