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Home My WebLink AboutR-79-0006"SUPPORTIVE DOCUMENTS FOLLOW" A RESOLUTION OF THE CITY 'CO MISSION OF THE CITY OE MIAMI, FLORIDA, ACCEPTING A DEED OF DEDICATION FROM FLORIDA EAST COAST PROPERTIES, INC, FOR THE WEST FIVE FEET of LOT 11, AND THE SOUTH FIVE FEET Of LOTS 11 and 12, CLOCK 125N, A, L, KNOWLTON'S MAP OF MIAMI, AS RECORDED IN PLAT 800K E, AT PACE 41, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A COPY OF WHIM IS ATTACHED HERETO AND MADE ;A PART HEREOF, AND AUTHORIZING THE PROPER OFFICIALS TO RECORD SAID DEED OF DEDICATION IN THE.PUBLIC RECORDS OF DADE COUNTY, PLORIDA; GRANTING A PERPETUAL EXCLUSIVE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IN AND TO THE AIR RIGHTS ABOVE THE DEDICATED PROPERTY BEGINNING AT A HEIGHT OF FIFTEEN FEET ABOVE THE ESTABLISHED STREET ELEVATION TO FLORIDA EAST COAST PROPERTIES, INC., FOR THE PURPOSE OF CONSTRUCTING A PORTION OF AN OFFICE BUILDING THEREIN; AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO ISSUE A BUILDING PERMIT FOR THE AFORESAID BUILDING TO PERMIT CANTILEVER CONSTRUCTION IN SAID EASEMENT AND THE CONSTRUCTION, MAINTENANCE AND SERVICE OF CERTAIN STORAGE AREAS AND TANKS UNDER THE DEDICATED AREA IN ACCORDANCE WITH PLANS AND SPECIFICATIONS ON FILE WITH THE BUILDING DEPARTMENT; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A COVENANT TO RUN WITH THE LAND, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, WITH FLORIDA EAST COAST PROPERTIES, INC. FOR THE CONSTRUCTION, MAINTENANCE, SERVICE AND REMOVAL OF THE AFORESAID STORAGE AREAS ANDu c U m L i I TANKS. ITEM NO WHEREAS, Florida East Coast Properties, INC, is the fee simple owner of Lots 11 and 12, Block 125N, A.L. KNOWLTON'S MAP OFPMIAMI, as recorded in Plat Book B, at. Page 41, of the. Public Records of Dade County, Florida and WHEREAS, the West five feet of Lot 11 and the South five feet of Lots 11 and 12 of Block 125N, A.L. KNOWLTON'S MAP OF MIAMI, as recorded in Plat Book B, at Page 41, of the Public Records of Dade County, Florida, are necessary for the widening of South Miami Avenue and Southeast 2nd Street and WHHEREAS, the owner of said property is not required to make any dedications to the City of Miami; and WHEREAS, the property owner hasvolur}teered to de said five foot strips to the City of Miami; and MUNN MMEM MEMM gate CITY COMMISSION MEETING OF JAN ! 8 1979 t fE A the Winer sees to•censtrtict - -anffidd • • balding whieh tsould cai tiieVer into- the air spaee•at a height beg:tning fifteen feet aboVe.the established street elevation o'er .the ' dedicated property; acid IIE LEAS, the construct .on' of the' bui alit g - ill not ittetfere with the City's use df the property or the public - sidewalk•constructed on the dedicated property; arid. WHEREAS ,•in drder for ' cotistruCtioii to begin in the • ._ _ ._ - _ , _ .. _ eels•a .cantilever fashion as hereinabove stated, the owner n perpetual exclusive easement for the air space; and WHEREAS, the -City has no objection:to granting •said•easement; and. WHEREAS, the owner seeks, to construct. certain.. storage areas and tanks under the dedicated property; and WHEREAS, said construction will not interfere. with theCitys use of said property; and - •WHEREAS,,the owner has'agreed to enter into a covenant running. with the land providing that at any time the City deems it'necessary• to remove any- items of •construction below the surface of the dedicated. property that.it will do so at no 'cost or expense to•the•City; and WHEREAS, the City Manager recommends the acceptance. dedication and approval of•this resolution; NOW•THEREFORE, BE -IT RESOLVED BY. THE CITY COMMISSION • CITY.OF MIAMI,FLORIDA:. Section 1. -The.•deed of dedication five feet of Lot•11 and the South five feet of Lots-11 and 12,'B1ock.125N, A.L.,KNOWLTON'S MAP OF MIAMI,• as recorded in • Plat Book B, at Page.-41,.of the'Public Records of Dade 'County, Florida, a copy of. which is• attached•hereto•and made • a• part .hereof, be and the.same is hereby accepted•- -• Section 2. The proper ,officia.s of -the -City. of Miami are hereby authorized to record said deed of dedication - .in the Public Records of Dade, County, Florida .L'++ i'19 e I # 4� eoti I. the ptopet offdia :svf theCity' Watt are hereby atith61i0ed•at d diiected•to exeetite a pr etual excursive easettient, -a copy of which is attached e.p • hereto attd trade a -part hereof , - it and to the air•righ'trs • above the West five feet of Lot- 11 attd. -the youth- five• feet. of Lots 11 and 120 $lock 125t4 Al La RNOWLTON' S NAP OP t1 AN11, as recorded it...Plat Look $, at Page 4t, of• the -Public • Records of bade County, Florida, begittittg•at•a height of fifteen feet above the estab.isheC1• street elevation to • Florida East -Coast Properties', Inc, for the construction of an.office building, Section 4, .The -proper officials of the City of • • Miami are •hereby•authorizedand directed to issue•a building :permit -for the aforesaid •buildingtoP'ermit cantilever --construction.in the easement over the dedicated property aiid construction, maintenance 'and service of certain. storage areas and tanks underthe dedicated area •in accordance• with plans and specifications .on file•with the Building Department. Section-S.-, The -City -.Manager and the City Clerk are •hereby authorized to.execute a•covenant to run with. the .land, a copy•of which is. attached hereto and made a part hereof, with Florida East Coast Properties, Inc. for the construction, maintenance, service and 'removal of the• afore said below ground facilities. Section 6. The owners, successors and assigns shall agree to hold the City harmless in the event of any injuries or any liability arising out of or because of the structure which will encroach into the street right-of-way or over the dedicated property. PASSED AND ADOPTED this 38th day of. January, 1f. 1979. nor*I ! tic Na,4TS 14 1JRICE A. FERRE I1AY9tt tiREP 1Rbb ANIJHPOtibVtb B ' : . 144 MIRIAM MAER Aggisthht City Attb tiey !PP tOVEb 1\5•mO EORM t,Nb COAOCTNE8$ EOF, KNOXf JRI Cit Attorney, "SUPPORTIVE FOLLOW". 1 josePh 1 t brassie danttaty 1.0; 1 7 pity Manager Donald tW:.' Gabler Director IePartment of Public Works Deed of Dedication; grant of Easettieflt ' and 0ovenaht Running. with - the land City- -of MiamiiFlorida East, • 'Coast Properties, Inc The Florida'East Coast Properties, Inc, is the fee'sitnple owner of Lots 11 and 12) Block 125N, A.L, Kt4OWLTON' S MAP OP MIAMI, as recorded in Plat Book B, at Page 41, of the Public Records of bade County, Florida. The City needs the west five feet of Lot 11 and the south five feet of Lots 11 and 12 of said property for widening of South Miami Avenue and S,E. 2nd Street respectively. The owner is not required to make any dedication to the City, however, it has agreed to dedicate said five foot strips to the City of Miami. The owner seeks to construct an office building which would cantilever into the air space at a height beginning fifteen feet above grade over the dedicated property. The building will not interfere with•the City's use of the property or with the public sidewalk constructed on the dedicated property. In order for construction to begin as hereinbefore stated, the owner needs a perpetual exclusive easement for the air space and the City Manager has no objection to granting the easement. The owner, Florida East Coast Properties, Inc., also seeks to construct a storage area and tanks under the dedicated property and that construction will not interfere with the City's present use of the property. The owner has agreed to enter into a covenant running with the land providing that at any time the City deems it necessary to remove any items of con- struction below the surface of the dedicated property, it will do so at no cost to the City. The owner has also agreed to indemnify the City and hold it harmless and the covenant provides for an insurance policy to be out with the City named as an additional insured. "SUPPORTIVE ��' E DOCUMENTS FOLLOW" 79-6 W At1N' YL.DEEb THIS INIbENTURti made this day t:if January, 1§19 r Between - FLOF 1b! EASE' COAST PROPERTIES, iNC, ► 'a Plbfida orptiratien4 eXistiiig undef the 1a0s. of the fitate of Florida hailing its prih ii l piaeo ref business in: the County. of Dade .and.'Stateof Florida, party of• the first' part, and THD Ct 'Y Off`-MIAMI, a Municipal Corporation,•in'tie State of t1orida • party of - the second parts WITNDSETH' That the- said party of the first dart,- -for -and in consideration of -the sum of ONE DOLLAR ($1•OO) and other.good.and 'valuable Considerations• to• it in hand -paid by the said party of the second.part,•the receipt whereof is hereby acknowledged, has granted, bargained and seld to the said party.of-the second part, its successors and assigns forever, the following. described- land situate, .lying and 'being in the County, of Dade -and -State -of Florida, to�wit: The West five -feet of•Lots'll and:the South - five feet of -Lots 11-and 12, Block 125N, A.L.-KNOWLTON'S MAP• OF MIAMI, as recorded. in Plat Book-B,-at Page 41,'of the Public Records of Dade County, Florida. And the said party of the first part does hereby warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by and through or under the Grantor. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, attested by its Secretary, the day and the year above written. FLORIDA EAST COAST PROPERTIES, INC. ATTEST: By Secretary President Signed, sealed and delivered in the presence of us: "SUPPORTIVE DOCUMENTS FOLLOW„ 79 !6 .•SlAttl OV VLOEtl iA coutU'rY OF` DADS that oh this day of dahlia ry) 1 f RSDY CC�tTIf''�► 19P, before me personally apBated President and Seeretaty teSpeetiv ely of Florida East Coast properties, p, aid a cot t�tatitsft otjd.er the lai3s of the State Of il.orida) tb Mt lthoWh tb be the persons who signed the foregoing o egoing instrUmen o sther of to h officers and severally aektoW y 3 be their' free act and deed as such officers tot the utes and purppSes therein mentioned and that they he officialseal of said corporation, and that the Said instrument 3.5 the aCt and deed of said corporation WITNESS my hand and official seal ataMimi inatheast County of Dade and State of f`lorida the y a aforesaid, NOTARY PUBLIC, State o Florida at Large APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO DESCRIPTION Director, Department of -Public Works This Instrument Accepted Pursuant to Resolution No. Passed and Adopted (SEAL) G. MIRIAM MAER Assistant City Attorney TtiIS tNb-ENTUlt, ' ei ade this day of January, batweefi T II OITY•Ot fi tAt-it, a ttiutiidipal cotporatiofi, existing undet the 1atss of the State bf'iorida, Grantor, afld 'OP.I iA - 1;AST COAST ?kOPt 1 TISS , IN : , a P'1arida core iratiOh, rafitee ; WITNESSST i, that - said cantor' lot. -and: in consideratiofi. of the sutra of•One•1ollar .01.00) attid•other good- and valuable. considerations, to it in hand paid by said•Otantee, the- eceipt,wheteof is hereby acknowledged, does here'oy'gt'ant, give and convey to the Grantee,'its sticCessOrs and assigns;. -forever, a -perpetual exclusive easement in and to the following described property, situated in the City of Miatni, County of.Dade and State of Florida, to- wit: The air rights above the, West five feet of Lot 11 and the South •five.feet of Lots 11 and 12, Block 125N, A:L: RNOWLTON'S MAP.OF MIAMI, as recorded in Plat Book B-, at Page, 41, of the Public' Records of Dade County, Florida, beginning- - at•-a•height•fifteen feet above the established' street elevation. This easement is, granted -for the purpose of construc- ting a portion of a.building therein,- and the -same may be• freely•assigned, hypothocated-or mortgaged. - IN WITNESS WHEREOF,. the City of'Miami has presents to be executed by its City this day of January, 1979. Attest: RALP i_ ONGIE City Clerk CITY caused these Manager and City Clerk OF MIAMI, FLORIDA By "S PPORT1'°E O ;U V CJTS FOLLOW" JOSEPH GRASSIE, City Manager 7906 STATt oP PLoittbA i SS COUNTY OP DAbI i I (ittk by CCti It that on .thiesaay` abef orethe,-aUfiot�fitet. duly anthof Tied ih the . State afor a 'r�eafet ► aforesaid to take aekno lledt etnent5; pef'sohally p OSCPIE CIA blt ► city Manager and-.Rttt'It ONdIE. oitV olefk; rsOns both of•the oity of�'1�ier�rantpof Easet�ietit desct ibed In and idhoeaeCiiteci" theforecjon and .they d before -me that the eectited-the same. y wtTNESS my hand and official seal: in the County and - State last-aforesaid•this. day of Ianuary; Notary Public; State of Flori a. at Large My Commission Expires: • Vitt COVt AU'1', Made and ettt� 10 i by aria between patty of the first part, hereinafter ca11 ,1 A Muhici idi cotpdration of the State of Florida, second part, hereinafter called CITY; and A b. 'it`t of Miami, i lerida, unty3 of bade, tatty of the WHEREAS, Merida 'fast Coact prod rties, Inc. is the fee. otrmer of Lots 11 & 12 in Elk. 125 N. of Mi:zri (A.L.Xnow1tOn) according to the Plat thereof, as recorded in flat Book ill. , at Page 41 it5 the Public Records of bade County, Florida, hereinafter called PREMISES; and WHEREAS, COVENANTOR has requested ?ertcii: Sion to construct, maintain & service a 750 gallon oil retention tank, a storm water disposal well, a 2400 gallon sediment interceptor and a 5' wide storage area along the North side of Si B. 2 Street, and a 5' wide storage area along the East side of South Miami Avenue, all hereinafter referred to as "Structures", all being within the street right of way, and as shown on the attached sketch, "M isc.17 S.E.200 , attached hereto and made a part hereof; and 0 WHEREAS, CITY has requested the COVENANTOR to execute and deliver to CITY this instrument "as a condition precedent to the granting of said permission. In JC 0 — NOW, THEREFORE, in consideration of the permission by CITY to allow the construe- 11 ion and maintenance of the above aforementioned structures, °agree 5 rn with CITY that COVENANTOR shall, at no cost to CITY remove the aforementioned st rut - .de -"Attires whenever requested by, and upon thirty (30) written notice from the Director " < of the Department of Public Works of CITY. rn In the event that COVENANTOR shall fail to remove said structures when so requested, then the City tanager of CITY, shall act as agent of COVENANTOR, which agency is hereby specifically created, and said City Manager shall cause the aforementioned structures to be removed at the expense of the COVENANTOR and the amount of such removal cost shall be declared and established as a lien on the property of such de- faulting COVENANTOR and enforced as any lien for materials furnished and work and labor done, provided under the Statutes of the State of Florida, and that COVENANTOR cove;;ants and agrees that all recourse against CITY is hereby expressly waived as to any damage caused, consequential or otherwise, any portion, in whole or in part, of the remainder of COVENANTOR's improvements, resulting from the removal of the aforesaid structures from said street right-of-way. COVENANTOR does hereby -covenant to indemnify, defend, save and hold harmless CITY from any claims, demands or liabilities of any nature whatsoever arising out of or because of this instrument. COVENANTOR Khali hold CITY harmless from any liability established by law arising out of the granting of this COVENANT, and will defend or cause to be defended, any action brought against CITY in connection herewith; and the COVENANTOR shall carry a general comprehensive liability insurance policy, in the amount of $1,million ($1,000,000) Said policy of insurance shall be procured by, and the premiums paid by, the COVENANTOR; its effective date -shall be the effective date of this. Covenant. A certificate of insurance bearing the name of The City of Miami as the party insured, or other proof of insurance coverage affording protection to CITY, shall beprovided to the satisfaction of CITY, Said insurance shall provide that CITY be given at least thirty (30) days advance written notice of any material changes, cancellation or non renewal notification of any policies, and in event of such material change, cancellation or non -renewal notification, the COVENANTOR shall immediately replace said policy with another policy to the satisfaction of CITY with the receipt of such policy by CITY at least ten (10) days prior to the effective date of such policy termination, In the further event that CITY i* not in possession of same by such latter date, then CITY Shall have the right to immediately Secure a similar Insurance policy in it* name with the total cost of the premium and all those as may become due during the life of this; Covenant being charged to COVENANTOR, and CITY shall have the right tp declare and establish sane as a lien on the described premises of such defaulting COW:PANTO and nfo ced as any lien "provided under the Statutes Of the State of I'orida. • .d aq `c d that hiS ii�.atr�:a.�eht shall be bih�dih �� it J�::�e551i, ��t;t�f".':`=GCd t' r n..t.c:�ixt`.�"C<t�. l e6VE�:i,,,lii�ift and also ..eit... SUC ^_sscfs th interost c rrasSiC: F ;1fsctk.t. +into ., the ua�`1Cie:� all _n t l. ?d .. a y Con ': E yard ct other -i T:a ttUtaeh �e � Gzctd n.0 if • i. � the afdfesa3.d rtc et •t or art r::cf tied thereof, t.ie toVtttP,14TcR hat looted there i-esehtt to be e>edUt-,cd and .. �to�et offi ett, and itr cor,totatt' seal to be affiXed hereto Signed x�► it`s. hate by its and attested to by its Sectetaty the day and plat fist acoFfe set forth, s:i t.. oft Wit. 2:;s to EctA SishatLtas Witn es.S ?ri:lf. Nate & Acc ess Witness to Beth Signatures CORPORATE SEAL Witness Print -e & Address i - _ss - STATE OF FLOR-DA COUNTY OF Dr..'' =' 1 -may CBF.TIFY t'.st on this day of A.D. , 19 <,.. e� th-yaws oc the Ct3te Or F1erica,to me known to be t1':e 'eroc: s who signed the foregoing instrument as such off.cers and severally acknowledged t:'e e: c^.c"tica Or `�" uses 1 L'r�OS25 theresn tnerecf_o be their _free act and deer as such off_cers ..he and p _ Ifentio,ned and that they affixed thereto the of f ic.al sea.. of said Corporation,'and that the said instr::.e"•t is the act and.deed of said corporation. S'- of ` lo: . , c WIT, ESS my hand and official seal at .•'ia i i, County Of Dade! and State i the cal and fear lac" a_or_aid. t.;y'Commissicn•. res: Notary public, State of Florida at Large E 7A'7 7rV^ m ^v,t `+t� ^nW.orr•'••c•c^ APP:OVED; Pre �,JJ rD ;IS �� ►'i...-! ,ll.iJ l.Vr ,. .. r.,J f City Attorney - ram. r< 7,7454{•Ur•r+flR '!'O .#'FSGt;.'.FT+ .a 00, VASSMA i iP ADOPTSP Department ent of Public S`;ez:.s liI5 7 rC 7;t Mr..,<T PEZP: R P Departr nt cz. Law City of Miami, Florida • L "-t. --\----4,:— . "1.—V -1.----V—N—k. I I' iiii + 5416. A.: - ,y hrh 4o' 0 rIl Pt -A . . ► % A r,` N .� 0 7� .�` r ,,1 I ►i T cam, ;,� , ' / j t1'i N.Q. "� 1 J� ) , .., 12 ,6A5.E.-- etALDIKi1C; t__ L I tr; Di !, _ Is t)1 rVr ,' w! i }4.', y ' - , -�- a LI �, -- _ 'fitt% ` 1 :\ t 5c.? U'' �� GlL R,�.., 2.40C-' GAS.. SE )4F4C'..'i R; FAR F-QP.IPA 6S,A•ti