HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-13-0255
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01078 Final Action Date: 6/27/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A WARRANTY
DEED, THE CONVEYANCE OF A VACANT PARCEL OF LAND, THAT IN TOTAL
CONTAINS 3,100 SQUARE FEET LOCATED AT 1001 SOUTH MIAMI AVENUE,
MIAMI, FLORIDA ("PROPERTY"), TO THE CITY OF MIAMI FROM BRICKELL
FLATIRON, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("GRANTOR"),
WITH THE GRANTOR COVERING ALL COSTS ASSOCIATED WITH THE
TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO
APPRAISALS, A SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE
AND CLOSING COSTS; GRANTOR WILL FURTHER BE RESPONSIBLE FOR
MAKING IMPROVEMENTS AND PROVIDING ALL MAINTENANCE TO THE PARK
PROPERTY IN PERPETUITY; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY.
WHEREAS, Brickell Flatiron, LLC., a Delaware limited liability company ("Grantor"), is the
owner of a property located at 1001 South Miami Avenue, Miami, Florida, listed under Folio Number
01-3207-003-0630, more particularly described in Exhibit "A", attached and incorporated; and
WHEREAS, pursuant to Resolution No. 10-0044, adopted January 28, 2010, the City
Commission authorized the City of Miami ("City") to enter into a park license agreement ("License
Agreement") with the Grantor to allow the City to use approximately 8,900 square feet of private land,
as a public park ("Park"); and
WHEREAS, pursuant to Resolution No. 11-0283, adopted July 14, 2011, the City Commission
authorized the City to execute an amendment to the License Agreement, clarifying the responsibilities
on the maintenance of the Park; and
WHEREAS, Grantor and the City will modify the License Agreement and the Amendment to
the License Agreement to exclude that portion of land being described in Exhibit "A", attached and
incorporated herein, which is being conveyed to the City to be used as a public park; and
WHEREAS, two independent appraisals were procured, establishing approximately Two
Hundred and Seven Thousand Five Hundred ($207,500) Dollars as the fair market value for the
parcel described in Exhibit "A", assuming the Property's zoning is changed to "CS" Civic Space Zone;
and
WHEREAS, Grantor will convey the Property to the City by Warranty Deed, in a form
acceptable to the City Manager and City Attorney; and
WHEREAS, Grantor has agreed to make improvements to the Property as described in
Exhibit "B", attached and incorporated, and maintain the Property and improvements as a passive
City of Miami
Page 1 of 2 File Id: 12-01078 (Version: 11 Printed On: 9/1/2017
File Number: 12-01078 Enactment Number: R-13-0255
park in perpetuity including, but not limited to, the cost of security, electricity, water, sewer, park
maintenance duties, waste collection, and any other utilities; and
WHEREAS, prior to conveyance, the Grantor shall be responsible to clear all prior liens,
outstanding taxes and any contamination issues on the Property; and
WHEREAS, the use of 3,100 square feet of land as a passive park would be in the best
interest of the community and a furtherance of the City's Open Space initiatives and "no net loss"
policies;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to accept the Property from the Grantor,
pursuant to a Warranty Deed, the conveyance of a vacant parcel of land to the City, that in total
contains 3,100 square feet, located at 1001 South Miami Avenue, Miami, Florida.
Section 3. Grantor will cover all costs associated with the transfer of the property, including
but not limited to appraisals, a survey, an environmental report, title insurance and closing costs.
Section 4. Grantor will be responsible to marking improvements and providing all
maintenance to the Property as a passive park in perpetuity.
Section 5. The City Manager is further authorized{1} to execute any necessary documents, in
a form acceptable to the City Attorney, to accomplish the acquisition of said Property.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-01078 (Version: 11 Printed On: 9/1/2017
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LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIR 11AR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)430-32 i5
ORDER Na 199607 PREPARED UNDER MY SUPERVISION:
DATE- FEBRUARY 8, 2011
THIS IS NOT A " BOUNDARY SURVEY"
CE 7IFICATE OF AUTHORIZATION Nb L8-87
MARK STEVEN JOHNSON SECY & TREAS_
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
REVISIONS
SOUTH .MIAMI AVENUE
N00.1 J.15"1Y-575.7G' -
I VEST LINE oF TRACT 4"
Tf?ACT ':4" •
• L3RICKELL FLATIRON
(P. a 168, PC. 64)
P.O. C.
THE MOST n
NORTNFAST CORNER --A
OF TRACT
SCALE 1 '=40'
SHEET 2 OF 3 SHEETS
iiVI' LIHIHX3
EXHIBIT 4B"
. PARK ll11TR•OVEKENTS
The following improvements are a minimum of what shall be designed and submitted for
approval to the District Commissioner and the Parks Director, prior to construction:
1. Si;, (6) Benches
Walkways
3. Native species landscaping
4. Irrigation
5. Lighting
6. Minimum of twenty (20) trees to be installed with a minimum of 2 inch diameter
and 12 feet in height pursuant to Article 8.1, Tree Protection in Zoning Ordinance 11000,
LEGAL _DESCRIPTION TO ACCOMPANY SKETCH
A POR770N OF TRACT -A-, BRICKELL FLATIRON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 768 AT PAGE 54 OF THE PUBLIC RE -CORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHEAST CORNER OF "SAID TRACT "A"; THENCE SOUTH. 15 DEGREES 00 MINUTES
00 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT A'; FOR A DISTANCE OF 441.18 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE
OF 126_93 FEET TO A POINT Of CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 4_00 FEET. THENCE ALONG SAID CURVE TO 77-1E RIGHT FOR AND ARC DISTANCE OF .11.50 FEET
THROUGH A CENTRAL ANGLE OF 164 DEGREES 46 MINUTES 45 SECONDS TO A POINT OF TANGENCY; THENCE
NORTH 00 MINUTES /3 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT "A", FOR A
DISTANCE OF 123.36 FEET; 77-'ENCE NORTH 89 MINUTES 47 MINUTES 17 SECONDS FAST FOR A DISTANCE OF
41.71 FEET TO THE POINT OF BEGINNING_ SAID PARCEL OF LAND CONTAINING 3,100 SQUARE FEET
LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY,
FLORIDA,
NOTES
1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED NEARING OF N 1500'00" E, ALONG THE MONUMENT
_ LINE OF S_ E 1st AVENUE
2) ORDERED BY REGENTS PARK INVESTMENTS
3) ALEN77C COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF 77-/E
ATTESTING PROFESSIONAL LAND SURVEYOR_
r.117:CS Liz- 77'; CLQ 5
LAND SURVEYORS-ENGINff125-1.AND PUNNER5 - 3240 CORPORATE WAY-1AIRAX AR, Ft 33025
PHONE No_(954)435-7O10 FAX No. (C154)438-3208
.0RDER Nd. 199607 PREPARED 'UNDER MY SUPERVWSlat
QATF_• LEBRUA7?Y 8, 2071
7h75 15 NOT A " BOUNDAFFY SURVEY'
CJJ?mCATE Or AU HOFJZ1T70N Na_ LD-137
MARK STEVEN JOHNSON SCCY & 7?EAS_
FLORIDA PROTL.-.301d4L LAND SURVEYOR No. 4775
REVISIONS
SHEET 3 OF 3 SHEETS
THIS INSTRUMENT PREPARED BY:
CITY OF MIAMI CITY ATTORNEYS OFFICE
MIAMI RIVERSIDE CENTER SUITE 945
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
Space Above This Line For Recording Data
Warranty Deed
This Warranty Deed made this day of , 2013, by and between Brickell
Flatiron, LLC, a Foreign limited liability company whose mailing address is 300 NE 71 Street, Miami, FL
33138 of the County of Miami -Dade, State of Florida, as Grantor and the CITY OF MIAMI, a municipal
corporation of the State of Florida, in the County of Miami -Dade, 444 S.W. 2nd Avenue, Miami, Florida
33130, party of the second part, as Grantee
(Whenever used herein the terms "Grantor" and "Grantee" includes all the parties to the instrument and the heirs,
legal representatives and assigns of individual, and the successors and assigns of corporation, trusts and trustees)
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good
and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns
forever, the following described land, situate, lying and being in Miami -Dade County, Florida to wit:
As described in Exhibit "A" attached hereto and made a part hereof, and hereinafter
referred as the "Property".
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining
TO HAVE AND TO HOLD the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee
simple, that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor
hereby fully warrants that title to said land and will defend the same against the lawful claims of all
persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to
the date of closing.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
BRICKELL FLATIRON, LLC.
Witness Name: By:
Mallory Kauderer
President
Witness Name:
(Corporate Seal)
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
2013 by , President of Brickell Flatiron, LLC on behalf of the company. He [ ] is
personally known to me or [ ] has produced a driver's license as identification.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No. of the City Commission of
the City of Miami, Miami -Dade County, Florida, passed and adopted on A copy of
Resolution No. is attached hereto as Exhibit "B".
- 2 -
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LAM SURVEmRS—ENGINEERS—IAblI3 PLANNERS — 3240 CORPORATE WKY—ittIRAMAR, FL 33025
PHONE No.(954)41,35-70113 FAX No. (954)438-32fl8
GRDcR IJtJ 199607 PREPAPPO UNDER air SU.PE:62s1w,
DA7—a FreiWARY S, 2011 _
IRIS 'S N07 A " BOUNDARY SURVEY'
C<32hF7#ATF, OF AVIHORZZA11011 Nit LB-E7
7.JARX STEVEN JONNSON SECY & TREAS-:
R RIDA PROFESS701,IAL L4NO SURVEYOR Ilo. 4775'
REVISIONS
P_O_C.,
77-fF_ MOST
NORTHE:4Sr CORNER
OF ]RACY A"
SCALE 1 =40'
SHtt 12 OF 3 SHEETS
It V, LI IHX
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
A PORTION OF TRACT A; BRICKELL FLATIRON ACCORDING TO THE . PLAT THEf?.EOF AS RECORDED !N PLAT
OOOK I58 AT PAGE 54 OF TrhE PUBLIC RE -CORDS OF MIA,17—DADS COUNTY FLORIDA, MORE PARTICULARLY
DESCRIBED AS FqLLOWS:
COMMENCE AT 77,,E MOST NOR77-1E451 CORNER. OF SAID TRACT ' 4 ;- THENCE SOUTH 15 DEGREES 00 MINUTES
00 SE0OJJDS WEST, ALONG 77-IE EAST LINE 0..F SAID TRACT A" FOR A DISTANCE OF 441.18 FEET TO THE
POINT OF REGIPTNING; 7;1ENCE CONTINUE SOUTH -75 DEGREES OQ MINUTES 00 SECONDS WEST FOR A DISIANGE
OF 128_93 7=LLt TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE— NORTH AND HAVING A
RADIUS OF 4.00 II- LEf: THENCE ALONG SAID CURVE TO THE RIGHT FOR AND ARC DISTANCE OF T 1.50 FEET
TI R0L1 1-/ A CENTRAL ANGLE OF 164 DE-GREES 46 MINUTES 45 SECONDS TO A POINT OF TANGENCY; THENCE.
NORTH G0 M1NUfEg 13 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT "A", FOR A
DISTANCE OF 123_.:55 I-ELi; TI-1EiTCE NORTH SJ MINUTES 47 MINUTE'S 17. SECONDS EAST FOR A DISTANCE OF
41.71 1-LLJ TO THE POINT OF BE -GINNING SAJD PARCEL OF LAND CONTAINING 3,100 SQUARE FEE7I
E
LYING AND BEING! IN SECTION .3, TOWNSHIP 54 SOUTH, RANGE 41 EfiS , CITY OF MIAMI MIAMI--DADE- COUNTY,
FLORIDA
NOES _
5, ALONG THE MO
1) DE4RINGS SIIOWM HEREEON REFER TO AN ASSUMED 6.EARIWG OF N 15-00-00"
LINE OF S_ E 1st f AVENUE - NUMENT
2) ORDERED DY_-1 REGENTS PARK INVESTMENTS
3) A ENTC COPIES OF THIS SKETCH AND LEGAL DESCP,IP770N MUST BEAR THE- EMBOSSED SEAL OF THE
ATTESTING- PROI-.8SSIONA- IAND SURVEYOR_
LAM° SlifitEY0F —ENCNE PS ?AHO PLANNERS 3240 MRPORIIE Y—LI1R M R, FL 33025
_cjiwez H(f. 733607 PREPARED "UNDERMY SUPERMS(0'�
DATE: J Y 8, 207
77-.75 IS NOT A " POUND:4RY SURVEY- Lre".RE( SfEYEN JOHMSpM SFCY Rr TREA4.
LL'4v-IC CF ACHBOMZl7FJN Nc. 18-87 FLORIDA. PROrt frNAL IA J SUM'Er0R. . 47T
}Gr}zexr.ag
WA
PHONE No_[354)4.35--7 ri 0 FAX No- (54)¢38-3288
REVISIONS.
SfiEEF 3 OF 3 SHLtJS