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Home My WebLink AboutR-79-0346GMM:SJ4` 5/14/79 RESOLUTION NO. 79-346 A'RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND. RECORD THE AGREEMENT AND COVENANT TO RUN WITH THE LAND PERMITTING KEYES BUILDING CORP. TO CONSTRUCT UTILITY SERVICES THROUGH CITY PROPERTY ADJACENT TO LOT 6 BLOCK 1 OF DEWITT SUBDIVISION IN EXCHANGE FOR. LANDSCAPING AND PERPETUAL MAINTENANCE OF SAID CITY. PROPERTY. WHEREAS, Southeast Properties, Inc.,, the owners of certain property located between Secoffee Street and U.S. 1,,(State Road No. 5), lying east of S.W. 22nd Avenue in the City of Miami, deeded to the City of. Miami the following described parcel o Resolution No. 78-807 The East 17.5 feet of the West 37.5 feet, LESS, South 100 feet thereof, of Lot 18, "SUPPORTIVE in Block "E", of BISCAYNE PARK TERRACE, according to the Plat thereof, recorded DOCUMENTS in ;Plat Book 2, at `Page 36,:of the: Public Records of Dade County, Florida. and; property which was accepted by FOLLOW" WHEREAS, The purpose of this property transfer was togive public assurance, that no vehicular access to and from S.W. 22nd Avenue would ever be permitted to private property over or across said City property, "DOCUMENT INDEX and; T C M 1f WHEREAS, Keyes Building Corp., 99-year leaseholde o ,oc 1, DEWITT SUB., Plat Book at Page of: the Public Records of Dade County, Florida, has, requested permission to construct certain utility connection services under and across said City of Miami property, and; WHEREAS, Keyes Building Corp. has agreed among other conditions .to landscape and perpetually maintain said City Property, NOW, THEREFORE, BE IT RESOLVED BY COMMISSION OF THE CITY OFMIAMI,, FLORIDA: Section 1. The City Manager is, hereby authorizedand directed to execute and record the Agreement and Covenant To Run With The Land permitting CITY COMMISSION MEETING OF MAY2 2 1979 moumon No. 7 9 .7„3 4 MUM Keyes Building Corp. to construct utility services through City Property adjacent to Lot 6, PASSED AND ADOPTED this 22 day of May , 1979. ATTEST: CITY CLERK PREPARED AND APPROVED BY: /j,1 G. MIRIAM'MAER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEO GE CITY . KNOX, JR. ORNEY DOCUMLAN:.S FOLLOW" 79-346 5LI Joseph R. Grassie City_ Manager C1T" Or W.V.', FLQ:.:i:7-. INTEH-OFFICE MEMOMANIDLUM I'° I Donald W. Gather, Director Department of Public Works FILE. May 9, 1979 Keyes Building Corp. Agreement and Covenant - DeWitt Subdivision & Covenant On April 30, 1979, the City Commission Resolution #79-306 accepted the plat titled DeWitt Subdivision. This plat has now been. processed to Dade County for recordation.- 99-year lease , Keyes Building Corp., holder of the property platted has requested permission `to 1colorednstall uinlity greene;on1cesthe attached sketch. 17 z foot" tract of land= shown �DeWitt Sub - This property was deededto the city by the plattor of Sub- division as a result of discussions in the public hearings when objections to, possible vehicular access toRlo 6 fro #Sm .W.22 auenue_ were made. The Miami City Commission, by h- orized;the City Manager to accept a deed deffor r thoish1s 7Cif000fstrip of land. ,.This :property was subsequently d Keyes Building Corp. has requestedpermission to installoandreonstruct utility services across °this ;172 foot citrooned riatepcity departments. o r. This department communicated'with the appp determine if there were any objections to granting aaoiiatehis ree quest. No objections were ' °received. This department agreement and covenant to run Thiswagreement/covenantrgrantsith the land with ntheirequestedof the Keyes Building Corp. permission tod the eallKe usiBuildingity services Corp.subject landscape and perpetually and also binds the.Keyes maintain this city property.,' We have submitted the draft of agreement and covenantotoorun with the . land to the Department 'ofLaw for their . approval Keyes Building Corp. is about to close on:an agreement for .construc- tion on .their, property and wish to have, prior to this contract, confirmation that the city will permit the use of the 171/2 foot tract of city land for utility services. Your signature: below will indicate your concurrence with I3uthis depart ment's recommendation that the City' Manager andKeyes will enter into the agrervicesment and andcovenant landscapingrun andwith perpetualamainten- nd, providing for ;utility se , ante to and across this city -owned property. APC:sw "SUPPORTIVE DOCUMENTS FOLLOW" • City Manager MAY T 0 1979 i 79-346 TOs FROM • George F. Knox, City Attorney Attn: Ms. Miriam Maer CITY OF M, MI, FLORIDA INTER -OFFICE MEMORANDUM suniEcr, Resolution Authorizing Execution of Agreement Between Keyes Building Corp.: & City of Miami IIEFEIitNCt91 The attached Resolution is.for ed and reviewed theMeeting agreementMay be2. Ms. ;Maer had previously receiv tween the City of Miami and the Keyes Building Corp. of which the content of this resolution concerns. I understand this agreement has been approved as to form and content and that Mr.Orbach of the Keyes Building. Corr). picked it up. Mr. Grimm, Assistant City Manager said that Mr. Grassie would not sign it until the City Commission has approved it. 1 �,•r BRISTOL. CHILDS & ASSOCIATES. INC. CONSULTING ENGINC RS - PLANNE,R5 SURVEYORS 4OI a SA..zcoo CORAL GABLES. FLOf4IoA 33146 TELEPHoNE (aoal 4.11d•Sa51 JOHN S, DRI9TOL, PE. PRES. WALTER T. CHILDS. PE, V.P, OARRCLL E. McoUCCN.- PE. V.P. RAVMONO W, PEACH.. V.P• VICTOR F. ARMONT, V.P. J. RAV RICE. PE P. ROOERT O. 6DBANV, PC. RLS Mr. Donald Cather Director, City, of Miami. Department of 'Pub.'.ic Works 3232 Pan.American Drive Dinner Key P.O. Box 330708 Miami, Florida 33133 Dear Mr. Cather: March 1, 1979 Re: • La.i1c� AMcnicAN CONIULT.HO CHOWCt111 COUNCIL LL:rLOI1OA uOCICTY OF PnorCOSIONAL LAP!, '. fUNYtY0n1 POUT11CA1TCnN AInPOnT MANA66n1 i*SIOCtATi0N .,LOn1DA A IfPONT. MANAOCnO ASSOCIATION De,litt":Sub (T-1038) Our Job No. 78-0011r8.20 This letter is to request .that the City grant an easement for the t lation an":.naintenance of utilities acress a 17.51 strip of`rland adjacent too al lot of the captioned Tentative. tEnclosee is a copy of.the Tentative Plat G�� with the desired easement plotted in Red. 'de have discussedthis matter with�Mr. Walter Brown of your Cadastral� •• " ' Section and with Mr. Ray Stiff of the !4iain1 Dade Water and Sewer Authority. y. We Mr. wer that advisedouboth no reatl nhethemcitylwou1dould bnotsatisfactory. easement, hovever, that he. seecould=no reason why the matter woulc, have to go to the City`Commi:sion and that an official request in writing 'shou'A"be directed to you. writer at 446-8351. JRR/11 Encl. CC: Mr. If you have any questions, please contact the Very truly yours, BRISTOL,'CHILDS 6 ASSOCIATES I,C. Ray; RI ,, P.E. , PLS Vice President; Mort Orbach (encl. S PO I C i >+ M 11::T N TS FOLLOW'? • FROM: i . iS r... 1 1:, '. r APC:.w bc: Hilzhw v CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM osePh,A. Cr:►cgie ity l anal►, r i Donald ',i. CatLer, Director DATES SUDJECTt FILE! Mel' 9, °1979 XeYe!s, Building Corp. A reewent and Covenant De titt 'Subdivision REFERENCEst ENCLOSURES: On Apr� `, 1:373 tb ,^,ity COLA is siC.n �;e:;o1utic n n7"-sat ace '�y'�Jitt . ;,�3 tthei:lat tiLiaa . • �, ui;aiaior.. :'shi3' p13t i:a3 nob been procosned to Dade �ouat:, ror reco_•riatiah. ?.:+yes sillin 7,O p om,ll- .e;r ea5O :older of the property platt ed , haseegU SteerrinsiC3toinStnll Utility services the 1,feettr CtofT::' iown Colored in green sattached sketch . t the latter or �ci:itt �ub- This:-.propertytr:tc <l��e ed to the, city .% ditiSiO:i 38 a r"'SLi1t of .::iscUssiont in the public hoarin:�5 when ob,j ectiens` to LosE `. :lc vehicular access tolalot G tram S a. �`22 auen- r:err .n4dc : l ! '?i ity Commission, ty ^olut 17'r� foot stria of orited th1e; �'•.a:zas;er= tc , acce'pt a deed for thislan,.. Ti:i `�rop.erty 4a3 Jueseq•. ent1;; deeded to the City or 7`ta.7i. • �. uer,�:�l.'ernl:�7ior. to install and construct :c 1i -us t !i: .:��r... "� ,,,1 £net city -owned. parcel or property. utility : ervieeS Y.ar Ss this l� This -• part:le t. coil:;Onieate wtt:.:t�.e appropriate city departments to . P , n �. ,.n� Ob eCtions to ;rantins this request. No determine �. t..ar�. >,•r..r.. .� � objections were rcc] ive d. - ✓::; lepZrt,uei t negotiated the . att^eled a .reement an6 cove ,«nt 'to run t it;i the land with repre>!sentative, of th.. 7.eyes 7.11411din.,t..prpThi*:',#reenent/covenant grants the requested per:alssi..on 'to"°i.s1,,ta11. utility .� servies out:ject to noma1 approvals and also p•ind ti,c ,:eye- ►il:ii.^. , Cora. to 1 an::ccape and perpetually maintain this. city; rropert;r'. ;.c 'r;kvc Ou' T.i.tted t}:e :.r:ft of a: reet•aent: and covenant torunwith the 1 nd tee '. c :cprirt,nie t or Lags f r. tt.eir approval • j Ll ,i OUt to cl„se en an a: reement for construuc-- r;cyi!s =iti1? i:l::. L�iz'r t on.1;en t: eir �trorcrtA; n-d ;z}ich too uav°e, prior to this contract, co:1fii ati0n ,t1=a�/.., t ie c ty I. t1l r,e iit t`1€ use of the 171 foot tract city lap.; fur citi.l.Sty" zervice'. Your sI,intttUr"e !.,dteowill tc to ^te °your concurs nce: with this depart^ �Icnt'a .reC.l�anciatiar;t*�st t ,p •.,City �lan3^er. and ` (eye$ .Uildinrz Corp. ;rill .e1~t4r .rto t),. .. �::.r..e?.:eat :in:: coves:an t to run wit.; 'tt.ci ltti....., provi_tini f,r ut,U tY aervieea un!' `Lin%L Capin.; 'an•i Perpetual .atriten- anee to w::;i a6.....2 t111n ctty--OWfle;t `prr4orty. "SUPPORTIVE DOCUMENTS 11 ,... .-/ Pte;l Central. • AGREEMENT AND COVENANT TO RUN WITH THE LAND THIS AGREEMENT AND COVENANT made and entered into this day of A.D. 1979, by and between KEYES BUILDING CORP., A Florida Corporation, party of the first part and the CITY OF MIAMI, a` municipal corporation of the State of Florida, in the County of Dade, party of the second part, hereinafter called CITY: I N 'E S S' E .T WHEREAS, southeast Properties, Inc., property located between Secoffee Street' and U.S. 1, (State Road No.5), lying east of S.W. 22nd Avenue, in the City of Miami, deeded to the City of Miami the following described parcel of the owners of certain. property; The; East 175 feet of the West 37.5 feet, LESS the,South 100 feet thereof,_of Lot 18, in Block 'lE",:of BISCAYNE PARK TERRACE, according r to the Plat thereof, recorded in Plat Book 2�i�+i l�{�(�f}�ji at Page 36, of the Public Records of Dade JV f` �.J� County, Florida. DOCUMENTS and; FOLLOW" WiiEREAS, the,purpoSe of this property transfer was to give public assurance that no vehicular access to and from ,S.W. 22nd Avenue would ever be permitted to private property over or across said' City' property, and; WHEREAS, Keyes Building Corp. 9-year leaseholder of Lot 6, Block 1, DEWITT SUB., -Plat Book at Page of the Public Records of Dade County, Florida, has requested permission to con- struct certain utility connection services under andacross City'of Miami property NOW, THEREFORE, in consideration for being granted permission to construct, operate, and maintain Utility' Connection services through, across, along and under the surface of said, City -owned property as hereinabove.designated,. Keyes Building Corp. 'its successors in interest and/or assigns does hereby agree with CITY:; as follows: said 79-346 Keyes Building Corp. shall submit to the Department Public Works acceptable plans and specifications for approval prior to the construction of, and as built drawings of utility connection services under and across said City of Miami property. Keyes Building Corp. shall obtain from all governmental 'agencies the required and necessary permits and approvals for the construction of said utilities. Keyes Building Corp. assumes all responsibility holds tlie City harmless, and agrees to be responsible for, any damage or claim which may be brought as a result, either directly or indirectly, from the existence, construction, operation, maintenance,, repair and/or removal of said utilities. Keyes Building Corp. agrees to bear all costs and to perpetu- ally maintain the trees, grass and landscaping on said City property to 'a standard acceptable to the City, and to land- scape the City property in a manner comparable `to that' which is. initially installed in conjunction with the development of Lot 6Block 1, ; DeWitt Sub. (-1-) It is expressly agreed that this instrument and obligation be bindingon Keyes Building Corp., its successors in interest or assigns and that this Agreement will be recorded in the Public Records of Dade County, Florida, and shailbe a condition implied in any conveyance or other instrument affecting the title to Lot 6,.Block 1, DeWitt. Sub. -1-) 2 TN' ti • • ,1 • • • • IN WITNESS WHEREOF, Keyes Building Corp. has caused these presents to be executed arid signed in its name by its proper officers, and its corporate seal to be affixed hereto and attested to by its Secretary the day arid year first above set. CITY OF MIAMI a MurliciPal Corpora.tior-i of the State of Florida CITY MANAGER forth. witherzot• • Alit STANT CITY ATTORNEY IRECTOR, DEPARTMENT OF PUBLIC WORK 79-346 imilliallill11111111111111 ' 0 Noi i `:\ dour„ of ylaY Lin en -9ter Vie [,� Qa 5treef C jon 389. id,' PA2k 7 E'2AG6 &ad 1�/LLA5 I 8/5�GAYNE I -7080' 70. 90' lo' EA5EMENr - 216. 00' N 894' 59' t8"E W 815CAYNE !PARK TERRACE (P.8. 2—P..3. BLOCeFI 13 5CAYNE PARK A TEQ2AC (pB 2-p..5,