HomeMy WebLinkAboutM-81-0719A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA, GRANTING A EXCLUSIVE
EASEMENT IN AND TO THE AIR RIGHTS ON THAT CER-
TAIN PROPERTY LOCATED IN THE CITY OF MIAMI IN
FRONT OF 315 N.E. SECOND AVENUE FOR THE PUR-
POSE OF CONSTRUCTING A PORTION OF A BUILDING
THEREIN, A COPY OF SAID GRANT OF EASEMENT IS
ATTACHED HERETO AND MADE A PART HEREOF AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE SAME ON BEHALF OF
THE CITY.
WHEREAS, N.B.E. PARTNERS LTD. has plans to construct a
two-story commercial shopping area and ten -story office building
at 315 N.E. Second Avenue, Miami, Florida, and
WHEREAS, N.B.E. PARTNERS LTD. has proposed an innova-
tive and unique design to provide open air restaurant facilities
on the second level which will also provide shelter for pedes-
trians at ground level, and
WHEREAS, N.B.E. PARTNERS LIMITED has requested a small,
exclusive air rights easement to build in accordance with its
proposal, and
WHEREAS, the construction of the building over the
requested portion of the City's Right of Way will not conflict
wth the City's use of the property or the public sidewalk on the
dedicated property, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. An exclusive easement in and the air right
above the East 6 feet of the West 10 feet of the North one-half
of Lot 11 and Lot 12, Block 93N, of A. L. KNOWLTON'S MAP OF CITY
OF MAIMI, as recorded in Plat Book B, at Page 41, of the Public
Records of Dade County, Florida, beginning at a height of 10 feet
above grade and extending to and ending at a height of 30 feet
above grade be and the same is hereby granted.
Section 2. The City Manager and City Clerk are hereby
authorized and directed to execute said Grant of Easement, a copy
of which is attached hereto as Exhibit "A".
THIS INDENTURE, made this day of , 1981, be-
tween THE CITY OF MIAMI, a municipal corporation, existing under
the laws of the State of Florida, Grantor, and N.B.E., PARTNERS
LTD., a Florida limited partnership, Grantee;
WITNESSETH, that said Grantor for and in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable consider-
ations, to it in hand paid by said Grantee, the receipt whereof
is hereby acknowledged, does hereby grant, give and convey to the
Grantee, its successors and assigns, forever, a exclusive ease-
ment in and to the following described property, situated in the
City of Miami, County of Dade and State of Florida, to -wit:
The air rights above the East six feet of the West 10 feet of
the North one-half of Lot 11 and Lot 12, Block 93N, at A.L.
KNOWLTON'S MAP OF CITY OF MIAMI, as recorded in Plat Book B, at
Page 41, of the Public Records of Dade County, Florida, beginning
at a height of 10 feet above grade and extending to and ending at
a height of 30 feet above grade.
This easement is granted for the purpose of constructing a
portion of a building therein, and the same may be freely assign-
ed, hypothocated or mortgaged; provided however, that this ease-
ment may be terminated by The City of Miami if and in the event
the area contained in the easement should become necessary for a
public purpose in the future.
IN WITNESS WHEREOF, the City of Miami has caused these pre-
sents to be executed by its City Manager and City Clerk this
day of , 1981.
CITY OF MIAMI, FLORIDA
By
HOWARD GARY, City Manager
Attest:
RALPH ONGIE, City C er
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