2009-27086 ResoRESOLUTION NO. 2009-27086
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING A QUIT CLAIM DEED FROM 401 BLU OF NORTH
BEACH CONDOMINIUM ASSOCIATION, INC., AS THE OWNER OF THE PROPERTY
LOCATED AT 401 69TH STREET (401 BLU NORTH BEACH CONDOMINIUM), FOR THE
INSTALLATION, OPERATION, MAINTENANCE, CONSTRUCTION, AND REPAIR OF A
PUBLIC BUS SHELTER, FOUNDATION, AND UTILITIES TO THE BUS SHELTER ON A
PORTION OF THE ABOVE MENTIONED PROPERTY.
WHEREAS, the City recognizes the need for a bus shelter in the vicinity of an existing bus
stop located on Abbott Avenue, north of 69 Street, adjacent to the 401 Blu North Beach
Condominium, 401 69th Street; and
WHEREAS, the City's Design Review Board Order (File No. 17637) for401 Blu North Beach
Condominium required that it provide accommodations for the installation of a bus shelter in the yard
area adjoining Abbott Avenue, north of 69th Street; and
WHEREAS, the City conducted field investigation to accommodate the bus shelter and
determined that the existing right-of-way space could not support a new bus shelter; and
WHEREAS, the City would need a quit claim deed from 401 Blu North Beach Condominium
Association Inc. in order to install and maintain a new bus shelter with in the required vicinity; and
WHEREAS, the 401 Blu North Beach Condominium is managed and owned by the 401 Blu of
North Beach Condominium Association Inc.; and
WHEREAS, the 401 Blu North Beach Condominium Association Inc. has granted the City a
quit claim deed for such purposes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept a Quit Claim Deed from 401 Blu of North Beach Condominium Association, Inc., as
the owner of the property located at 401 69th Street (401 Blu North Beach Condominium), for the
installation, operation, maintenance, construction, and repair of a public bus shelter, foundation, and
utilities to the bus shelter, on a portion of the above mentioned property.
PASSED and ADOPTED this 3rd day of June , 2008.
ATT ST:
M YOR
~- Matti Herrera Bower
CI Y CLERK
Robert Parcher
T:WGENDA\2009\June 3\Consent\40161u Deed RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting A Quit Claim Deed From The 401 Blu Of North Beach Condominium Association, Inc., As The
Owner Of The Property (401 Blu North Beach Condominium) Located At 401 69th Street, For The Installation,
Operation, Maintenance, Construction And Repair Of A Public Bus Shelter, Foundation And Utilities To The Bus
Shelter On Portion Of The Above Mentioned Property.
Ke Intended Outcome Su orted:
Improve or maintain traffic flow.
Supporting Data (Surveys, Environmental Scan, etc.):
Transportation remains one of the most significant areas to address from the survey results (often mentioned as a key
quality of life issue). 24% of residents rated traffic flow excellent or good, and 37% as poor. 35% of residents rated
the availability of pedestrian trails and bicycle paths/lanes as excellent or good, and 30% as poor.
Issue:
Shall the Ma or and Cit Commission a rove the Resolution?
item 5ummaryircecommenaation:
Through an ongoing contract with Clear Channel Adshel, the City of Miami Beach has a program for the installation of
newly designed bus shelters and other street furniture citywide.
During the planning phase for bus shelter installation in North Beach, City recognized that a bus shelter was warranted
in the immediate vicinity of the existing bus stop located on Abbott Av., north of 69th Street. The current bus stop
located adjacent to the 401 Blue North Beach Condominium, is generally congregated by an elevated level of bus
riders. In the process of conducting field investigations to accommodate a bus shelter at this location, City staff
determined that the new bus shelter could not be furnished within the existing Right of Way space, given the limited
capacity available.
City's Design Review Board order (file No 17637) for the 401 Blu North Beach Condominium required they provide
accommodations for the installation of a bus shelter in an area adjacent to Abbott Avenue, north of 69 Street, near the
currently existing bus stop. The City met with representative of 401 Blu North Beach Condominium and the
condominium agreed to provide the City with a quit claim deed for the installation of this new bus shelter.
The owner of the property, 401 Blu of North Beach Condominium Association Inc has provided the City with a quit
claim deed, for the installation, operation, maintenance; construction and repair of a Bus Shelter.
The bus shelter has been designed and engineering drawings completed. Following commission acceptance of the
deed and FDOT permit approval, the City shall be gin construction of the new bus shelter.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Fernando Vaz uez, Cit En ineer, x.6399
Sign-Offs:
De artment Dire r Assistan ana 'er Ci Mana er
FHB TH JMG
T:\AGENDA\2009\June 3\Consent\401 Blu Deed Summary.doc `/ ' /~
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m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: June 3, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A QUIT CLAIM DEED FROM 401 BLU OF
NORTH BEACH CONDOMINIUM ASSOCIATION, INC., AS THE OWNER OF THE
PROPERTY LOCATED AT 401 69TH STREET (401 BLU NORTH BEACH
CONDOMINIUM), FOR THE INSTALLATION, OPERATION, MAINTENANCE,
CONSTRUCTION, AND REPAIR OF A PUBLIC BUS SHELTER, FOUNDATION,
AND UTILITIES TO THE BUS SHELTER ON A PORTION OF THE ABOVE
MENTIONED PROPERTY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Through an ongoing contract with Clear Channel Adshel, the City of Miami Beach has a
program for the installation of newly designed bus shelter structures and other street furniture
Citywide. The program calls for replacement of existing bus shelters with newly designed bus
shelters, at strategic locations throughout the City.
During the planning phase to install new bus shelters in North Beach, the City recognized that a
bus shelter was warranted in the immediate vicinity of an existing bus stop located on Abbott
Av, north of 69th Street. The current bus stop located adjacent to the 401 Blue North Beach
Condominium, generally experiences a high level of bus riders. In the process of conducting
field investigations to accommodate a bus shelter at this location, City staff determined that the
new bus shelter could not be constructed within the existing Right of Way space. In order to
accommodate a new bus shelter, additional private property space would be required from the
adjacent property owner, 401 Blu North Beach Condominium.
It should be noted that the City's Design Review Board order (file No 17637) for the 401 Blu
North Beach Condominium required they provide accommodations for the installation of a bus
shelter in an area adjacent to Abbott Avenue, north of 69 Street, near the existing bus stop.
The City met with representative of 401 Blu North Beach Condominium and the condominium
agreed to provide the City with a quit claim deed for the installation of this new bus shelter.
The owner of the property, 401 Blu of North Beach Condominium Association, Inc, has provided
the City with a quit claim deed, for the installation, operation, maintenance; construction and
repair of a Bus Shelter.
The bus shelter installation has been designed, and the engineering drawings have been
completed, following acceptance by the City Commission of the quit claim deed. The City will
seek permit approval by the Florida Department of Transportation (FDOT). Upon receiving
FDOT approval, the City shall begin the construction of a new bus shelter.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution to accept the
deed.
JM B\FV
T:WGENDA\2009\June 3\Consent\401BIu Deed memo.doc
o~
'this instrument prepared by:
Raul J. Aguila, Esq.
City of Miami Beach
City Attorneys Office
1700 Convention Center Drive, 4`s Floor
Miami Beach, Florida 33139
or ecor er s se n y
QUIT CLAIM DEED
This Quit Claim Deed is executed as of the _ day of , 2009 by 401 Blu of
North Beach Condominium Association, Inc. ("Grantor") to the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation of the State of Florida, having an address at 1700
Convention Center Drive, Miami Beach, Florida 33139 ("Grantee"}.
Grantor, in consideration of $10.00 and other valuable consideration paid by Grantee,
receipt and sufficiency of which is acknowledged, remises, releases and quit-claims to Grantee,
Grantee's successors and assigns forever, all the right, title, interest, claim and demand of
Grantor in and to the real property legally described on the attached Exhibit "A" ("Property").
The Property constitutes a portion of Property Appraiser's Parcel Identification (Folio) Number
TO HAVE AND TO HOLD the Property to Grantee, Grantee's heirs, personal
representatives, successors and assigns forever.
SUBJECT TO:
1. All matters of record without intent to reimpose the same.
2. Pursuant to its authority under Section 718.112{2}(m), Florida Statutes, Grantor
hereby grants the Property to Grantee (as required of Grantor pursuant to one of the conditions of
City of Miami Beach Design Review Board Order, dated March 4, 2008 [DRB File No. 17637])
for the puzpose of Grantee, and/or its employees, contractors, and/or authorized representatives,
constructing, installing and maintaining a public bus shelter, and/or such other public purposes as
Grantee may deem necessary and in the best interest of the City of Miami Beach, Florida. As
fuxther consideration herein, Grantee acknowledges and agrees that the subject conveyance by
Grantor shall not affect any development xights that Grantox may have as to (or which may
otherwise may be ascribed to) that certain residential condominium project, known as the "401
Blu North Beach Condominium," and located at 401 b9~' Street, Miami Beach, Florida (the
Project) which may exist on or before the effective date of this conveyance (which date shall be
the date of recordation of this deed).
1N WITNESS WHEREOF, Grantor has executed this instrument as of the above date.
WITNESSES:
Sign
,~l/U N ~ /1/ yzlo
Print~Nam~~e^^
( C~
Sign
. ~~ ~IS~91,Q oil ~~~
Print Name
GRANTOR:
~~ 1 ~Ul v ~~- Alc,~~ ~e~ac~t LCin~cAnt~l c M
~ ~-SS~t~c.~
a ~-' t_
Y~
Print Name:
Its: ~K'Sl ~D ~ ~`~
STATE OF NEW YORK )
)ss:
COUNTY OF - ^ 5 ~ )
The foregoing instrument was acknowledged before me this ll ~fF day of
(~.~~ 2009, ~ b`( L~~al~ Nflc.p~,2~ who is
either personally known to me or who has produced as
identification.
Notary c, State of I~ York
My commission expires:
Nota~y Pub€ lic; Staie of New Yolk
No. 01 HE4641732
Qualified €n 4ueens County
Cert. Filed In Nassau Coun ,~
Commisslon Expires October 31.2p~?..~.
EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the northeast corner of Lot 10, Block H, CORRECTED PLAT OF ATLANTIC
HEIGHTS, Plat Book 9, Page 14, Public Records of Miami-Dade County, Florida; thence
Southerly, along the original west right-of--way line of Avenue B (now Abbott Avenue) for a
distance of 13.00 feet; thence deflects 90°00'00" to the right for a distance of 2.04 feet to the
POINT OF BEGINNING of the tract of land herein described; thence southerly, 2.00 feet
(measure at right angles) west and parallel to the original west right-of--way Iine of Avenue B
(now Abbott Avenue) for a distance of 34.5 feet; thence deflects 90°00'00" to the right for a
distance of 5.00 feet; thence northerly, parallel to the original right of way line of Avenue B
(now Abbott Avenue), for a distance of 34.50 feet; thence deflects 90°00'00" to the right for a
distance of 5.00 feet to the POINT OF BEG1NNING .Said lands located, lying and being in
Section 11, Township 53 South Range 42 East, City of Miami Beach, Miami-Dade County,
Florida and containing 173 square feet more or less.