HomeMy WebLinkAboutR-81-10777
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RESOLUTION N(f. 81 - 1 0 7 7
A RESOLUTION ACCEPTING THE DEED OF DEDICATION
FOR RIGHT-OF-WAY PURPOSES OF THE FOLLOWING
DESCRIBED PROPERTY: THE WEST 10' OF THE
NORTH HALF OF LOT 11, IN BLOCK83, NORTH, CITY
OF MIAMI, ACCORDING TO THE PLAT THEREOF, MADE
BY A.L. KNOWLTON, RECORDED IN PLAT BOOK B AT
PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
WHEREAS, N.B.E. Partners Limited, a Florida limited
partnership is the owner of the above described property, and
WHEREAS, the City of Miami needs the West 10' of Lot 11
Block 83, North, City of Miami, according to the Plat thereof,
made by A. L. Knowlton, recorded in Plat Book B at Page 41 of the
Public Records of Dade County, Florida, for right-of-way purposes;
and
WHEREAS, N. B. E. Partners Ltd. has delivered to the
City of Miami a Deed granting to the City the aforesaid property
as a gift and without valuable consideration, and
WHEREAS, the City Commission deems it advisable and in the
best interest of the City to accept the Deed to the aforesaid
described property.
NOW, THEREFORE, BE IT RESOLVED BY THE C014MISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Deed from N.B.E. Partners Limited, a
Florida limited partnership, respectively conveying to the City
of Miami for right-of-way purposes the following described property:
The West 10' of the North half of Lot 11, in Block 83, North, City of
Miami, according to the Plat thereof, made by A. L. Knowlton, recorded
in Plat Book B at Page 41 of the Public Records of Dade County, Florida,
be, and the same is hereby accepted.
Section 2. The proper officials are hereby authorized to
record said Deed in the Public Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
DEC 15 ►you
77
0
0
PASSED AND ADOPTED this 15THday of DECEMBER , 1981.
MAURICE A FERRE
MAURICE A. FERRE, MAYOR
ATTEST:
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
I
I ." v . .0,
TERRY V. P RCY
DEPUTY CITY ATTORNEY
APPROVED AS TO FOR4-AND—CORRECTNESS:
. 1141VI\, -11.
CITY
-2- 81-1077
i
December 4, 1981
Mr. Howard Gary,
City Manager
City of Miami
City Hall, Dinner Key
Miami, Florida
Dear Howard%
MICHEL E. ANDERSON
ATTORNEY AT LAW
10561 S.W.125th STREET
MIJ MI, FLORIDA 33176
\1
HAND -DELIVERED /
TELSPHONE (305, 274•1011
t
My client, N.B.E. Partners, Ltd., has been attempting to give a dedi-
cation at 315 Northeast 2nd Avenue to the City of Miami without suc-
cess. In October, I appeared before the City Commission and delivered
to either your or the City Attorney, an executed Warranty Deed grant-
ing the West 10 feet of the North 1/2 of Lot 11, Block 83N, A.L.
Knowlton's Map of Miami, Plat Book B, at Page 41, to the City. My
clients have an appraisal on this property of about $110 per square
foot. The dedication is 10 x 75 for a total of 750 square feet or
$B2,500.00 worth of property which they were willing to give to the
City.
I requested that the Law Department make up a Resolution accepting the
Deed of Dedication since a Deed without a Resolution accepting it, the
Deed is nothing more than an unaccepted offer. The Resolution was
never prepared and passed, and, in fact, the Deed was lost. My
clients have requested that I prepare a new Deed for them to execute
and the same is ready for their execution and can be delivered at the
City Commission meeting on December 10, 1981. I have written to Jack
Eads requesting that this item be put on the agenda for a Resoultion
accepting the same. My clients have indicated that they have no
intention of dedicating this property next year and that it must be
accepted by the end of 1981. It is my understanding that your last
regular Commission meeting this year is December 10, 1981.
When I called Jack Eads, he advised me that he had not placed this
item on the agenda and that there was no Resolution in his possession.
fie indicated that Don Cather, the Public Works Director, had told him
not to place the item on the agenda.
As you may be aware, if the City is required to take this property in
condemnation proceedings at a later date, it :iill be extremely expen-
sive to the City, since the City is required to pay all costs, includ-
ing attorney's fees on both sides of the litigation, and appraisal
fees.
0 81.1077
ff
Mr. Howard Gary,
City Manager
City of Miami
Page 2
December 4, 1981
This gift to the City was made without any strings attached, and all
my clients asked to do, which was their right, was to appear before
the Commission to seek an easement over the public right-of-way which
they were dedicating and were offering compensation for same. The
City has no obligation to authorize such use.
I also asked to appear before the City Commission on the loth to again
request the right of use of the air rights for a limited portion of
the air space above the public right-of-way. I submitted photographs
of approximately a dozen buildings in November showing that this would
not create a precedent. The photographs were recovered from the Com-
missioners or the Mayor by Mr. Grimm, and it was my understanding that
the Public Works Department would have a response at the December loth
meeting. Instead, I was advised by Mr. Cather that I was required to
show the buildings built within the last twenty years under the cur-
rent zoning ordinance which encroached into the public right-of-way.
(Many of the buildings may have been built prior to the current zoning
ordinance.) This was never my understanding of this matter; however,
after after speaking to Mr. Cather, I hand -delivered a letter to him
with the buildings which I believe to have been constructed under the
current zoning ordinance.
The entire reasoning for this was that there was a claim by the admin-
istration that we would be creating a precedent. However, out of all
of the buildings that I took photos of which encroach into the public
right-of-way and of all the situations which have been approved which
may not yet have been built, I know of none where the City has the
right to tell the private property owner to cease using the public
right-of-way, as they do in the case of our building. Ile are not
enclosing anything over the public right-of-way, we are simply asking
to use a balcony above the right-of-way and have agreed to remove the
same if it is ever needed by the City for public right-of-way pur-
poses. I also wish to call to your attention that we have offered an
extremely strong compensation package to the City for this use. The
compensation package is that we will provide pavers to the City's
specifications in front of the building, will participate in the Down-
town Development Authority's tree planting program for the property in
front of this building, and have offered fifty oak trees to the City
at a cost not to exceed five Thousand Dollars. I do not believe you
will find a stronger compensation package (comparatively speaking) for
any City -owned nroper.ty.
jr $ �l .107 7
Mr. Howard Gary,
City Manager
City of Miami
Page 3
December 4, 1981
Therefore, I would appreciate your placing the Resolution accepting
the Deed of Dedication on the Commission agenda for December 10, 1981,
and if possible, I would also appreciate your scheduling me for a per-
sonal appearance on December loth, so that we can resolve the air
rights matter one way or the other. I also request that you recon-
sider the Administration's previous position to oppose this item.
Cordially,
MICHEL E. ANDERSON, ESQUIRE
MEA/dpd
cc: Mr. Don Cather
N.B.E. Partners, Ltd.
i,81-1077
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WARRANTY V1:171)
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'17111:; VMI."ITFURE' L"Inde Lr
1981 15 e N . R . T7. PAR,r!lt.'m , uri) P]. or 1-) 1, i 111i t- l 1"Irt-ne I -
ship Oxis L inq Linder the I aws n IF tliF2 a i. r) F I 'L o r i-1.1 I I a I ;j lts
r)t7i-1iiLT:11 Place 1)f businesz; in F 111,1i'l t-? t,-j i- r? C
Florida, party of the r-irst part, atil 'rill.: ctrY ()I" tl].A*(\Il , a Muni-
cipal CorporaLLOn, a corporation i miler the Uv,%rs of the
State of Florida, having Its princtp, E. -I the
-i 1 1, 1 (--(, () r bt, , i ii e - r:; ji
County of Dade and State of Florida, an." T i -f-ul.1-y -i1-ithc)ri_:71ed to
transact blisitless in the county of Dade ', irate 017 Florida,
party of the second part.
wii,t,ji7,ssi-,,m : That the saitl r.-irt v "r tiic! ri-rst part, as a
gift and Without 11,11.Uable C011Si.(Ie1-.aLj_oj1 lrl, 1--)I(' party oc the
second part, has granted to the 1),-117ty of 1-;1 second part, its
successors arid assigns forever, tll!? 1()l1-.,i_t1j de,3cribec3 land sit-
uate, lying and being ill tire COLInty of P
to -wit:
The West 10 ft. of the North !/;*! -)r r,r)t 1-1, in 131-ock 83,
North, City of 1%ji,imi, accor,lini 1:,) i.-lie Plat tlje)-cof,
made by A. L. Knowlton, C.E., riled in th- Dade
County, Florida, also descri.hc(! -i.- the 1.1#2st 1.0 ft. of
the North 75 ft. of Lot: I.J., F31-r-:3, 113, North, City of
Miami, according to the plat U rr2corderl in Plat
Book "B", Page 41, of the Publi .: 1:corcls c)C nj(le County,
Florida; to be used for Publ_ i,c '14 1"it-of-Way purposes .
And the said party of the first part (100-; fully warrant
the, title to said land, and will r1cfend s"11Me ci(;;Anst the law-
ful. claims of all persons whomsoever.
IN WITNESS WHEREOF, tlic-_ said pat:'-.v of Uie first part has
caused these presents to be signed in its 1111.1(21 by its general
partner the day and year above written.
Signed, sealed and delivered in
the presence of (is:
W_', General Partner
(�,� '�.� (��(�� G' �; art � f� f ��_--------- _ .
ISAAC 10,I.-K, General Partner
STATE OF FLORIDA)
COUNTY OF DADE
0 f
11FIRERY CrRTIFY, th�if- _:.(_ C- n:)
A.D. 1981, before me personal.1-y r 111e, 111 OC-ficer
duly authorized to administer: an. -I i-;11-,
14ORMA14 NIERENBERG and ISAAC 11T,ANK,, Geiicr;il. rirtriers
PARTNERS, LTD., to me well. ktim-in to be Ujo ilersons tlescribed in
and who executo,l tile foregoi.ii-I ali-I before me
that they (-Xe(__'UtP-1 the S,-Jiil(- fl-(01111 111(1 Voluntarily .1 for the pur-
pose therein expressed.
WITHESS my lmntl an-1 r)r[-j.r_jj.j sr,?jl. at rliami, COL111ty of
Dadn, an(l State of Y
(41% of () A.D.
My Commission Expires:
1,701-ary ruwic, state )E I'llori(i—a
ir r.r It710A'AT UZGE
JJY 15 IY84
81-1077