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HomeMy WebLinkAboutRevised Agenda PackageCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Distribution List Below DATE: September 8, 2006 SUBJECT: Revised Agenda Item FROM: Me ith J. a ion NCR} REFERENCES: September 12th Commission Capital Improvements & Transportation Meeting ENCLOSURES: Please find attached a revised Agenda package for the following item scheduled for the September 12th Commission meeting: RE.8: RDC-Little Haiti Soccer The original item package should be removed and completely replaced. Thank you. Distribution List: Mayor Manuel A. Diaz Commissioner Angel Gonzalez Commissioner Linda Haskins Commissioner Tomas P. Regalado Commissioner Joe M. Sanchez Commissioner Michelle Spence -Jones Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney City C:. .:'s Office ....-- Agenda Office (2 copies) Mary Conway, Chief Operating Officer Gary Fabrikant, Assistant Director, CIT Roger Hatton, Project Manager, CIT Alisha Alfonso, Litigation Assistant H , b n7 -c C7 rr- co ►'7 ,t o ZCm TV r— ..i Cet N 0 co City of Miami Legislation Resolution I. C // �iJj/Il::l City Hall 7 C6 3500 Pan American a Drive Miami, FL 33133 www.miamigov.com File Number: 06-01476 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, RESTRICTING THE USE OF FOUR CITY -OWNED PARCELS OF LAND, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. WHEREAS, Resolution No. 01-1029, adopted September 25, 2001, directed the City Manager to take all steps necessary to initiate and implement the development of a park in the Little Haiti area ("Park Project"); and WHEREAS, the boundaries for the Park Project as established by the City Commission are to be from Northeast 59th Street to Northeast 64th Terrace between Northeast 2nd Avenue and Northeast 4th Avenue, Miami, Florida; and WHEREAS, the properties located at 6311-29 NE 2nd Avenue, 6301-07 Northeast 2nd Avenue, 6421 Northeast 2nd Avenue, and 301 Northeast 62nd Street, Miami, Florida (collectively the "Properties"), are within the Park Project boundaries and were included in the land assembly required for the Little Haiti Park Project; and WHEREAS, the City of Miami ("City") is now owner of the Properties and has established a capital improvement project to design and construct soccer and recreational facilities for the new Little Haiti Park, to be located on the Properties; and WHEREAS, said project has been incorporated into the City's Capital Improvement Program and Multi -year Plan as Project No. B-38500, entitled "Little Haiti Park Soccer and Recreational Facilities" ("Project"); and WHEREAS, pursuant to Resolution No. 04-0786, adopted December 9, 2004, the City determined that the Project is best implemented using a design -build process, with Recreational Design & Construction, Inc. ("RDC"), serving as the lead contractor and Corzo Castella Carballo Thompson Selman, PA, as the design consultant for the team; and WHEREAS, pursuant to Resolution No. 05-0149, adopted March 10, 2005, the City entered into an agreement for the design and construction of the Project, laying forth the duties and obligations of the parties, and established a scope of work consisting of site preparation, grading and demolition, site electric, sport and security lighting, utilities, one FIFA regulation soccer field, a practice field, fixed bleachers with restrooms, concession and storage facilities, an additional storage building, picnic City of Miami Page 1 of 2 Printed On: 9/6/2006 File Number.' 06-01476 pavilions, a domino shelter, a vita course, playground, splash deck, related parking, landscaping and irrigation; and WHEREAS, pursuant to Section 910 of Zoning Ordinance 11000, in order to obtain the necessary approvals from the Planning Department, Zoning Department and the Building Department (collectively the "Departments"), the execution of a Unity of Title is required and shall be filed as a permanent part of public property records in the Miami -Dade County courthouse; and WHEREAS, execution of the attached Unity of Title will satisfy the Departments requirements by placing limitations on the land encompassing the building site; and WHEREAS, the Unity of Title shall remain in full force and effect until such time as the same may be released in writing by the Director of the Planning Department and/or the Zoning Director; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized{1) to execute a Unity of Title, in substantially the attached form, restricting the use of four City -owned parcels of land, as described in "Exhibit A," attached and incorporated, with terms and conditions as more particularly set forth in said Unity of Title. Section 3. The City Manager is further authorized{1) to execute all other necessary documents for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 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 Printed On: 9/6/2006 LEGAL DESCRIPTION: LOTS 5, 6, 7, 8 AND 9, BLOCK 12 OF SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. AT PAGE 21, OF THE PUBLIC MIAMI- DADE COUNTY, FLORIDA; LESS THE NORTH 5.00 FEET THEREOF FOR RIGHT-OF-WAY. TOGETHER WITH LOTS 10. 11 AND 12, BLOCK 12. PIERCE'S DIVISION OF LEMON CITY CORRECTED, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK B AT PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIOA. TOGETHER WITH LOT 17, BLOCK 12, PIERCE'S DIVISION OF LEMON CITY CORRECTED, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT B001< B AT PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH LOT 16, BLOCK 12, PIERCE'S DIVISION OF LEMON CITY CORRECTED, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13 AT PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA TOGETHER WITH LOT 19, BLOCK 12, PIERCE'S DIVISION OF LEMON CITY CORRECTED. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 6001< B AT PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH LOT 20, BLOCK 12, SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2. PAGE 21, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA, TOGETHER WITH LOT 21, BLOCK 12, SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 2i. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH LOT 37 AND THE EAST 1/2 OF LOT 38 OF BISCAYNE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. LESS THAT AREA AS SHOWN ON THE CITY 'OF MIAMI ATLAS MAP SHEET 14-J, FOR ROAD PURPOSES. RIGHT-OF-WAY TAKING: A PORTION OF LOT 37 AND THE EAST 1/2 OF LOT 38 OF BISCAYNE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BDDK 1, AT • PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 37; THENCE RUN N89'59'52"W ALONG THE SOUTH LINE OF SAID LOT 37 FOR A DISTANCE OF 37.76 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE RUN N87"53'37'W FOR A DISTANCE OF 37.24 FEET TO A POINT: THENCE RUN SO1'16'45"W FOR A DISTANCE OF 1.37 FEET TO A POINT: THENCE RUN 589'59'52"E ALONG THE SOUTH LINE OF SAID LOTS 37 AND 38, FOR A DISTANCE OF 37.24 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 25.4 SQUARE FEET, MORE OR LESS. LEGAL DESCRIPTION (CONTINUED): TOGETHER WITH LOT 39 AND THE WEST .1/2 OF LOT 38 OF BISCAYNE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT AREA AS SHOWN ON THE CITY OF. MIAMI • ATLAS MAP SHEET 14-J, FOR ROADWAY PURPOSES. RIGHT-OF-WAY TAKING: A PORTION OF LOT 39 AND THE WEST 1/2 OF LOT 38 OF BISCAYNE •PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 198 OF THE PUBLIC i RECORDS OF MIAMI-DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 39; THENCE RUN S89'59'52"'E ALONG THE SOUTH LINE OF SAID LOTS 39 AND 38 FOR A DISTANCE OF 75.00 FEET TO A. POINT; THENCE RUN NOI'16'45-E FOR A DISTANCE QF 1.37 FEET TO A POINT. "THENCE RUN N87'53'3714, FOR A DISTANCE OF 74.99 FEET TO A POINT; THENCE RUN SO'16'45'W FOR A DISTANCE OF 4.12 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 205.8 SQUARE FEET, MORE OR LESS. TOGETHER WITH LOT 42 AND THE WEST 1/2 OF LOT 43 OF BISCAYNE PARK. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT AREA AS SHOWN ON THE CITY OF MIAMI ATLAS MAP SHEET 14-J. FOR ROADWAY PURPOSES. RIGHT-OF-WAY TAKING: BEGINNING AT THE SOUTHEAST CORNER OF LOT 42, BISCAYNE PARK, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 1 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE SOUTH LINE OF LOTS 42 AND 43 OF BISCYAIJE PARK FOR A DISTANCE OF 75.00 FEET, MORE OR LESS, TO A POINT ON THE DIVIDING UNE BETWEEN THE EAST AND THE WEST HALVES OF SAID LOT 43: TI fNCE RUN NORTH ALONG THE DIVIDING UNE BETWEEN THE EAST AND WEST HALVES OF SAID LOT 43 FOR A DISTANCE OF 10.34 FEET TO A POINT; THENCE RUN EAST ALONG A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 42 SAID POINT BEING 7.70 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 42; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID LOT 42 FOR A DISTANCE OF 7.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH LOT 44 AND THE WEST 1/2 OF LOT 43, LESS THE SOUTH 12.98 FEET THEREOF OF BISCAYNE PARK, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 1. PAGE 196, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH LOT 45 OF BISCAYNE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT AREA AS DESCRIBED In GEED BOOK 3522, PAGE 520 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY. FLORIDA, FOR ROADWAY PURPOSES. TOGETHER WITH LOT 46 OF BISCAYNE. PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT AREA AS DESCRIBED IN DEED BOOK 3522, PAGE 520 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR ROADWAY PURPOSES. TOGETHER WITH LOT 13. BLOCK 12. PIERCE'S SUBDIVISION OF LEMON CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B. AT PAGE 43, AND LOTS 7 & 8, RE -SUBDIVISION LOTS 14, 15 AND 16, BLOCK 12. PIERCE'S DIVISION OF LEMON CITY AS RECORDED IN PLAT 7 AT PAGE 49 AND LOT A, O.J. POWELL SUBDIVISION AS RECORDED IN PLAT BOOK 41 AT PAGE 26 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (LESS THAT PORTION OF SAID LOT A DESCRIBED IN EXECUTOR'S DEED DATED NOVEMBER 8, 1967 AND RECORDED IN OFFICIAL RECORDS BOOK 5705 AT PAGE 694, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, 1 ZONING DEPARTMENT 444 S.W.2ND Avenue, 4th Floor Miami,FL33130-1910 305.416.1499 UNITY OF TITLE WHEREAS, the undersigned is the owner of that property legally described as: Parcel A: Tract "K" of Reid Acres, according to the Plat thereof, as recorded in Plat Book 50 at Page 84, of the Public Records of Miami -Dade County, Florida. Parcel B: Also known as 6311-29 NE 2nd Avenue, Miami, Florida; Folio No.: 01-3218-020-0130 and, Tracts "N" and "Q" of Reid Acres, according to the Plat thereof, as recorded in Plat Book 50 at Page 84, of the Public Records of Miami -Dade County, Florida. Also known as 6301-07 NE 2nd Avenue, Miami, Florida; Folio No.: 01-3218-020-0250 and 01-3218-020-0310 and, Parcel C: Tract "J" of Reid Acres, according to the Plat thereof, as recorded in Plat Book 50, Pages 84, of the Public Records of Miami -Dade County, Florida. Parcel D: Also known as 6421 NE 2nd Avenue, Miami, Florida; Folio No.: 01-3218-020-0120 and, Tract 2 of Joyce Properties, according to the Plat thereof, as recorded in Plat Book 51 at Page 38, of the Public Records of Miami -Dade County, Florida. Also known as 301 NE 62nd Street, Miami, Florida; Folio No.: 01-3128-014-0020. The undersigned recognized and acknowledges that for the public health, welfare, safely and/ or morals, the herein -described property should not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use, and In consideration of the issuance of a development permit: This project's key features will include an international regulation soccer field, community facility and family recreation. This development includes a professional regulation soccer field, a practice field and a 750 seat grandstand. Other features will include a vita course, tot lot, water play area and a domino park. Also included on the site is a community building that will have both administrative and multi -purpose uses. The NET office and park office will both be incorporated into the building, as well as public restrooms. The City of Miami intends to issue a building permit for this project subject to the provisions of this Unity. And for other good and valuable considerations, the undersigned hereby agrees to restrict the use of the subject property in the following manner: Unityofr'itleLittleH iatiRecreationSoccer 1 ZONING DEPARTMENT 44 S.W.2"0 Avenue, 4th Floor Miami,FL33130-1910 305.416.1499 1. That said property (all of the lots and/or parcels of land encompassing the building site ) shall be considered and held together as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, leased, encumbered, divided or assigned separately, except in its entirety as one plot or parcel of land; 2. The undersigned further agrees that this condition(s), restriction(s) and limitation(s) shall be deemed a covenant running with land, which shall be recorded in the public records of Miami Dade County, at the undersigned's cost and expense, and shall remain in full force and effect and be binding upon the undersigned, their heirs ,successors, and assigns until such time as the same may be released in writing by the Director of the Planning Department and/or the Zoning Director or his / her designated representative; provided, however, that this Unity of Title may be released in writing by the Director of the Planning Department and /or the Zoning Director or his / her designated representative, after approval of site plan which meets all applicable City regulations. The undersigned shall promptly provide a copy of this instrument within thirty (30) days of it's' recordation. The unity of title shall be approved as to legal form and content by the City Attorney. Signed, sealed, executed and acknowledged on this 20, at Miami, Florida. WITNESS: day of A.D. PEDRO G. HERNANDEZ, City Manager Print Name Signature Print Name Signature (TWO WITNESSESS FOR EACH PERSON SIGNING). aa:Document 41234 2 ZONING DEPARTMENT 44 S.W.2ND Avenue, 4th Floor Miami,FL33130-1910 305.41 6.1 499 (STATE OF FLORIDA) (COUNTY OF MIAMI DADE) I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared To be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand official seal in the county and state named above this day of A.D. 20_. Notary Public, State of Florida at Large My commission expires: Approved as to Legal Form: City Attorney aa:Document 41234 3