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HomeMy WebLinkAboutR-72-01141 RESOLUTION NO. 72-114 RESOLUTION AUTHORIZING AND PERMITTING FLORIDA EAST COAST PROPERTIES, INC. TO CONSTRUCT AND MAINTAIN A CERTAIN ACCESS AND EGRESS AUTOMOBILE RAMP TO PARKING FACILITIES AND A PEDESTRIAN OVERPASS AND WALKWAY ALL TO BE LOCATED OVER AND ACROSS N.E. BAYSHORS DRIVE AT A LOCATION SHOWN ON SHEETS 1 & 4 OF THE PLANS OF PLAZA VENETIA, MIAMI, FLORIDA, LATEST REVISION DATED APRIL 18, 1972, PREPARED BY MR. JOSEPH AMISANO, FAIA, 148 CAIN STREET, N. E. ATLANTA, GEORGIA 30303, ALL TO BE LOCATED IN RICE' AND SULLIVAN SUBDIVISION, PLAT BOOK 4, AT PAGE 64 AND LOT 1 AMENDED PLAT OF MIRAMAR PLAZA BEING A RESUBDIVISION OF RICE & SULLIVAN, PLAT BOOK 33, AT PAGE 18 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, Florida East Coast Properties, Inc. has made application for' permission to construct an access and egress automobile ramp to parking facilities and a pedestrian overpass and Walkway, all to be located over and across N. E. Bayahore Drive at a location shown on Sheets 1 & 4 of the plans of Plaza Venetia, Miami, Florida, latest revision dated April 18, 1972, prepared by Mr. Joseph Amisano, FAIA, 148 Cain Street, Atlanta, Georgia 30303, all to be located in Rice and Sullivan Subdivision, Plat Book 4, at Page 64, and Lot 1 Amended Plat of Miramar Plaza, being a re - subdivision of Rice and Sullivan, Plat Book 33, Page 18 of the Public Records of Dade County, Florida, which said sheets are attached hereto and made a part hereof, and WHEREAS, N. E. Bayshore Drive is a public street in the City of Miami, Florida, and WHEREAS, the City Commission of the City of Miami does hereby wiah to grant to Florida East Coaet Properties, Inc. the requested permission to construct said access and egress automobile ramp to parking facilities and said pedestrian walkway and overpass, all to be located over and across N. E. Bayshore Drive at a location shown on Sheets 1 & 4 of the plans of Plaza Venetia, Miami, Florida, latest revision dated April 18, 1972, prepared by Mr. Joseph Amisano, FAIA, 148 Cain Street, N. E. Atlanta, Georgia 30303, all to be located in Rice and Sullivan Subdivision, Plat Book 4, at Page 64, and Lot 1 Amended Plat of Miramar Plaza, being a resubdivision of Rice and Sullivan, Plat Book 33, at Page 18 of the Public Records of Dade County, Florida. is PE-.ORTIVE • 4.... I.w.. V M R 1 1 311 7, ii 7.. 7. \ NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP THE CITY OF MIAMI, FLORIDA. Section 1. That Florida East Coast Properties, Inc., be and it is hereby granted the authority and permission to construct and maintain a certain access and egress automobile ramp to parking facilities and a pedestrian overpass and walkway all to be located over and across N. E. Bayshore Drive at a location shown on Sheets 1 & 4 of the plans of Plaza Venetia, Miami, Florida, latest revision dated April 18, 1972, prepared by Mr. Joseph Amisano, FAIA, 148 Cain Street, N. E., Atlanta, Georgia 30303, all to be located in Rice and Sullivan Subdivision, Plat Book 4, at Page 64, and Lot 1 Amended Plat of Miramar Plaza, being a resubdivision of Rice and Sullivan, Plat Book 33, at Page 18, of the Public Records of Dade County, Florida. This authorization and permission shall constitute the necessary enabling resolution for the construction of said certain access and egress automobile ramp to parking facilities and said pedestrian overpass and walkway all to be located over and across N. E. Bayshore Drive at a loca— tion shown on Sheets 1 & 4 of the plans of Plaza Venetia, Miami, Florida, latest revision dated April 18, 1972, prepared by W. Joseph Amisano, FAIA, 148 Cain Street, N. E., Atlanta, Georgia 30303, all to be located in Rice and Sullivan Subdivision, Plat Book 4, at Page 64, and Lot 1 Amended Plat of Miramar Plaza, being a resubdivision of Rice and Sullivan, Plat Book 33, at Page 18, of the Public Records of Dade County, Florida, in conjunction with the development of Plaza Venetia and that the Building and Zoning Department of the City of Miami is hereby instructed to issue any and all necessary permits to permit the above construction by Florida► East Coast Properties, Inc. PASSED AND ADOPTED THIS 20th day of APRIL, 1972. I2R 2 69 coo Ffi ��, ! F 7878 PG 2 6 �� 4/16 fl 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 add 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 7 P-2c2-/if ,t( M47878 Tc 260 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 & x 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, r. 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- SU M R c 7878 TG 288 described above. NOW, THEREPORE, 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.E., Atlanta, Georgia 30303. 2. That Florida East Coast Properties, Inc. 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, FAIA, 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- 1i0: % n } rLiis.l v. T { 4[ 818 PG 260 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 Witnes es: r 1 ...... ....., . ,• STATE OF FLORIDA : SS: COUNTY OF DADE oi��� tom-, 1972 FLORIDA EAST COAST PROPERTIES, INC., a Florida cflrnoration/ President 1 • A. • ''. Yam'— i . - lb'''., +s, tai Attest: .4..e.„,r,i4;2„,_, fa`�`,\�; Secretary CITY OF MIAMI, FLORIDA, a municipal corporation /rrHit1111k�t�� BEFORE ME, the undersigned authority, personally appeared 80 , as President, and n &rt r Ti Nc , 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 band and seal 7?!.7.1d4 We 7878'27005 in the State and County named above this 7 - day of May, 1972. STATE OF FLORIDA COUNTY OF DADE ) SS: ) NOTARY PUBLIC State of Florida at Large My Commission Expires: 'VotaryFuh?is Star,ni .ior;raatLarg9 My Conunission Expires .May 1(, 1975 BEFORE ME, the undersigned authority, personally appeared M. L. REESE as CITY MANAGER 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 .m ay of May,' 1972. dtm t-- f NOTARY' ' UBLIG/ State of Florida at Large My Commission Expires: NOTARY PUBLIC, STATE of FLORIDA at LARGE MY COMMISSION EXPIRES MAY 10, 1974 BONDED THROUGH FREU W. OIESTELHORST APPROVED AS ?J0 FORM C9 TNESS: /1/IL City Attorney THIS INSTRUMENT PREPARED BY ALAN H. ROTHSTEIN, City Attorney, City of Miami Law Department, 65 S. W. First Street., Miami, Florida. taros w emu% ►c ItAll •, t3 U4 CD.II:T, MAMA. SUMO'li rH g. IA LEA ERMA psi:a da, -5-