HomeMy WebLinkAboutR-72-0112RESOLUTION NO. 72-112
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING FOR PUBLIC USE THAT PORTION
OF N.E. 16TH AND N.E. 17TH STREETS BETWEEN
BISCAYNE BOULEVARD AND N.E. BAYSHORE DRIVE,
IN ACCORDANCE WITH TENTATIVE PLAT #817, "PLAZA
VENETIA", SUBJECT TO MEETING ALL PLATTING RE-
QUIREMENTS OF THE CITY OF MIAMI, AND SUBJECT
TO RECORDING FORMAL PLAT; AND SUBJECT TO FURTHER
CONDITIONS SET FORTH HEREIN
WHEREAS, the Planning and Zoning Board of the City
of Miami, at its meeting held on March 27, 1972, passed
and adopted by a 5 to 4 vote its Resolution No. 72-76,
recommending the closing, vacating, abandoning and dis-
continuing for public use, as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That that portion of N.E. 16th and N.E.
17th Streets between Biscayne Boulevard and N.E. Bayshore
Drive, in accordance with Tentative Plat #817 - "PLAZA
VENETIA", be and the same is hereby closed, vacated,
abandoned and discontinued for public use, subject to
meeting all platting requirements of the City of Miami,
and subject to recording formal plat, subject to approval
of Plat and Street Committee and subject to reflection of
existing easements for private properties in the area.
PASSED AND ADOPTED this 20th day of April, 1972.
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RESOLUTI
RESTRICTIVE COVENANT'
COMES NOW FLORIDA EAST COAST PROPERTIES, INC. , a
Florida corporation authorized to do business in the State of Florida,
and does hereby made, publish, declare and file the following restrictive
covenant in favor of the City of Miami, a municipal corporation and a
political subdivision of the State of Florida.
WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. , is the
owner of the following legally described land:
All of Tract "A" of Replat of a portion of the amended
plat of Nelson Villa according to the Plat thereof
recorded in Plat Book 56, page 69;
and
Lots 4, 5, 30 and 31 and that portion of Lots 6 and 29
which lie East of Biscayne Blvd. , of Biscayne Park
Addition, according to the Plat thereof recorded in
Plat Book 2 at Page 24
and
Lots 1 and 2 and all of the filled in and bulkhead
land lying East of and contiguous to the said Lots 1
and 2, also Lots 3, 32, 35, 36, 37, 38, 39, 40, 41,
and 42 arid all of the unnamed North -South street and
that portion of the circular parkway which lies between
Lots 3 and 4 North of the North right of way line of N. E.
16 Street and all of the unnamed North -South Street
and that portion of the circular parkway which lies
between Lots 31 and 32 South of the South Right-of-way
line of N. E. 16 Street, all as shown on the AMENDED
PLAT OF BISCAYNE PARK ADDITION, according to
the Plat thereof, recorded in Plat Book 4, at Page 22;
and
Lots 1 and 2, Block "A" and all of the filled in add
bulkhead land lying East of and contiguous to the said
Lots 1 and 2, Lots 3 & 4 Block B, Lot 5 through 10,
and that portion of Lot 11 which lies east of Biscayne
Blvd. in Block C, all as shown on the plat of RICE &
SULLIVAN SUB.. according to the plat thereof,
recorded in Plat Book 4, at Page 64;
and
Lots 1. & 2 and that part of the South 20 feet of Lot 3
lying East of the original shore linr of Miramar Plaza,
all in the AMENDED PLAT OF MIRAMAR PLAZA,
according to the Plat thereof, recorded in Plat Book 33,
at Page 18 ;
and
Begin at the SW corner of Lot 1 of AMENDED PLAT OF
MIRAMAR PLAZA, Plat Book 33, at Page 18; thence
South along the prolongation South of the West line of
the said Lot 1, for a distance of 25' more or less, to
the NW corner of• Lot 1, Block "A" of RICE & SULLIVAN
SUB. , Plat Book 4, at page 64; thence East along the
2-7) wa--
North line of Lot 1, Block A of the said Rice &
Sullivan Subdivision and its prolongation East,
for a distance of 492.96 to the face of an existing
concrete bulkhead; thence northerly, along the
face of the said concrete bulkhead for a distance
of 25, more or less, to the intersection thereof
with the South line of Lot 1, of the said AMENDED
PLAT OF MIRAMAR PLAZA or its prolongation
easterly; thence west, along the south line of Lot 1
of the said AMENDED PLAT OF MIRAMAR PLAZA,
for a distance of 493. 65 ft. to the Point of
Beginning. All before described in the Public
Records of Dade County, Florida,
and
The Westerly 130' of Lots 1 & 2 and Lots 3, 4,
5, 6 and 7 in Block 14 of THIRD AMENDED PLAT
OF MIRAMAR, according to the Plat, as recorded
in Plat Book 5, page 4 of the Public Records of
Dade County, Florida,
and
Lot 6, Block 2, Rice & Sullivan Sub. , Plat Book 4,
Page 64,
and
Lots 7 through 13 inclusive, in Block 3 of Rice &
Sullivan Sub. , according to the Plat thereof, recorded
in Plat Book 4 at Page 64 of the Public Records of
Dade County, Florida.
and,
WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. has
currently applied to the City of Miami, Florida, to construct a multi-
million dollar project known as Plaza Venetia on the land legally
described above, and
WHEREAS, FLORIDA EAST COAST PROPERTIES, INC.
desires to develop said land in accordance with certain plans designated
as Plaza Venetia, Miami, Florida, latest revision dated March 31,
1972, Sheets 1 through 8, as prepared by Mr. Joseph Amisano, FAIA,
148 Cain Street, N.E. , Atlanta, Georgia 30303, and
WHEREAS, FLORIDA EAST COAST PROPERTIES, INC.
desires to bind itself to the City of Miami to develop its property
substantially in accordance with said plans, and
WHEREAS, the City of Miami Florida, a municipal corporation, does
hereby wish to accept this restrictive covenant on behalf of the City of Miami
and deems said restrictive covenant to be in the best interest and general
overall welfare of the City of Miami for the development of Plaza Venetia
-2-
described above,
NOW, THEREFORE, IT IS HEREBY COVENANTED, CONTRACTED
AND AGREED AS FOLLOWS:
1. That FLORIDA EAST COAST PROPERTIES, INC. does
hereby covenant, agree and binds itself to the City of Miami, a
municipal corporation, that it will develop its lands legally
described above substantially in accordance with those certain plans
designated as Plaza Venetia, Miami, Florida, latest revision dated
March 31, 1972, Sheets 1 through 8, as prepared by Mr. Joseph
Amisano, FAIA, 148 Cain Street, N.B., Atlanta, Georgia 30303.
2. That Florida East Coast Properties, Ync. binds itself
to act and perform so as to comply with all of its representations
and agreements made as shown in the Official Court Reporter's
Transcript of the City Commission Meeting of April 20, 1972, Item
No.36, concerning the development of Plaza Venetia which includes
but is not limited to the agreements as to the following items:
A. That Joseph Amisano, FAIR, will continue to be the
supervising architect through the completion of the project.
B. The sketches, drawings, renderings and models of the
Plaza Venetia project made a part of the record at the presentation
before the City Commission on April 20, 1972, being Item No. 36,
dealing with the development of Plaza Venetia, will be substantially
complied with.
C. That the easement discussed as being maintained for
the existing property owners at the close of the meeting will be
maintained and made a part of the replat.
3. That the City of Miami does hereby accept this
restrictive covenant and deems same to be in the best interest and
overall general welfare of the City of Miami for the development of
Plaza Venetia described above.
DATED at Miami, Florida, this 44r day of May, 1972.
Witne— es: FLORIDA EAST COAST PROPERTIES, INC.,
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STATE OF FLORIDA
SS:
COUNTY OF DADE
a Florida c,,grpo
President
Attest:
Secretary
CITY OF MIAMI, FLORIDA,
a municipal corporation
By:
%BEFORE ME, the undersigned authority, personally appeared
-no�c, /IM<Lo
, as president, and FRNeT, NE C',E+g y , as
Secretary of FLORIDA EAST COAST PROPERTIES, INC., a Florida
corporation, and after by me being duly sworn depose and say that they
executed the foregoing restrictive covenant for the purposes contained
therein.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
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in the State and County named above this
a
LI
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
day of May, 1972.
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
Notary Public State of Florida at Large
My Commission Expires .Ally 10, 1975
BEFORE ME, the undersigned authority, personally appeared
as of the City of
Miami, Florida, who after by me being first duly sworn, deposes and
says that he has executed the acceptance of the foregoing restrictive
covenant on behalf of the City of Miami, Florida, for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
in the State and County named above, this day of May, 1972.
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
APPRO$/ED AS TO WtRM PitNJ CO1i(RECTNESS :
ALAN H."ROTHSTEIN
City Attorney
THIS INSTRUMENT PREPARED BY ALAN H. ROTHSTEIN, City Attorney,
City of Miami, LAW Deparement, 65 S. W. First Street, Miami,
Florida.
"SuP GE I E D .C.:UMENT
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MOM
April 7, 1972
Honorable City Commission
Attention: Mr. M. L. Reese
City of Miami, Florida
Re: STREET CLOSURE - RECOMMENDED
N. E. 16th and N. E. 17th Streets
between Biscayne Boulevard and
N. E. Bayshore Drive - in accordance
with Tentative Plat #817 - "PLAZA
VENETIA"
Applicant: Florida East Coast Prop.
Gentlemen:
The Miami Planning Board, at its meeting of March 27, 1972, Item #3
(b), following an advertised Hearing, adopted Resolution No. 72-76
by a 5 to 4 vote recommending official vacation and closure of N. E.
16th and N. E. 17th Streets between Biscayne Boulevard and N. E.
Bayshore Drive, in accordance with Tentative Plat #817 - "PLAZA
VENETIA", subject to meeting all the platting requirements of the
City of Miami.
Three objections were received in the mail.
A RESOLUTION to provide for this Street Closure has been prepared
by the City Attorney's office and submitted for consideration of
the City Commission.
Sincy,
atJ1
David Simpson, Jr.
Executive Secretary
Miami Planning and Zoning Board
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Z. M. 23
Attached: Minutes
cc: Law Department
NOTE: Planning Department recommendation: "APPROVAL SUBJECT TO THE
CONDITIONS SET FORTH BY THE PLAT AND STREET COMMITTEE.
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