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1963-10935 RESO .' ,. . y . . RESOLUTION NO. 10935 RESOLUTION VACATING THIRTY-THIRD STREET FROM COLLINS AVENUE TO ATLANTIC OCEAN, AND AUTHORIZING EXECUTION AND DELIVERY OF QUIT-<:LAIM DEED. WHEREAS, DEAUVILLE OPERATING CORP., a Florida corporation, owns and/or controls all of Blocks Seventeen (17) and Nineteen (19), of the OCEAN FRONT PROPERTY of the MIAMI BEACH IMPROVEMENT COMPANY, a Subdivision according to the Amended Plat thereof, as recorded in Plat Book 5, at Pages 7 and 8, of the Public Records of Dade County, Florida; upon Block Seventeen (17) of which is situate the SAXONY HOTEL, and upon Block Nineteen (19) is situate the ROBERT RICHTER HOTEL, and which Blocks and Hotels are separated by Thirty-Third Street; and, WHEREAS, it is desired by the owners of said Blocks to utilize them as one unit, eliminating Thirty-Third Street; and, WHEREAS, in consideration for vacating said Thirty-Third Street ~nd quit-claiming to DEAUVILLEOPERATING CORP. all rights and interest therein, including the said Street-End and together with all littoral rights and water privileges appertenant thereto, the said DEAUVILLE OPERATING CORP. has agreed to convey to the City of Miami Beach, Florida, all of Lots Three (3) and Four (4), of Block Nineteen (19), of OCEAN FRONT PROPERTY, together with the alley separating said Lots and together with all its rights and interest in the Street-End to Thirty-Fourth Street, and together with all littoral rights and water privileges appertenant to said Lot Three (3) and said Thirty-Fourth Street; and, WHEREAS, accomplishment of the foregoing, although eliminating Thirty-Third Street adjacent, separating and abutting said Blocks -1- Seventeen (17) and Nineteen (19), would result in the acquisition of the fee simple title to Fifty (50) additional Feet in width, along Thirty-Fourth Street, increasing Thirty-Fourth Street to One Hundred (100) Feet in width from Collins Avenue to the Atlantic Ocean, and giving to the City and to the Public a One Hundred (100) Feet Street-End and Beach for its use; and, WHEREAS, no money consideration is being sought by DEAUVILLE OPERATING CORP. for conveyance of its said Lots and rights to the City, and no expense will be incurred by the City in the closing and vacating of Thirty-Third Street, such expense being assumed by DEAUVILLE OPERATING CORP.; and, WHEREAS, the only consideration requested hereunder by DEAUVILLE OPERATING CORP. is the closing and vacating of Thirty- Third Street and a quit-claim of the City's interest therein and to the Street-End of Thirty-Third Street with all littoral rights thereto, so that it may use, join together and operate as one parcel of property the said Blocks Seventeen (17) and Nineteen (19) of OCEAN FRONT PROPERTY (excepting the North Fifty (50) Feet of Block Nineteen (19) which consists of Lots Three (3) and Foux (4) thereof being conveyed to the City of Miami Beach; and, WHEREAS, the City Council is of the opinion that the public will be far better served by a One Hundred (100) Foot Street and Street-End Beach at Thirty-Fourth Street than by two streets and Street-Ends each of a Fifty (50) Foot width; and, WHEREAS, the City Council has approved, at a prior meeting, the over-all proposal herein, based upon the recommendation of the City Manager. -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. THAT Thirty-Third Street, from Collins Avenue to the Atlantic Ocean, be and the same is hereby vacated, discontinued and abandoned: and that the same shall be closed and reverted to the exclusive use of the abutting owners. 2. THAT the City of Miami Beach shall quit-claim to DEAUVILLE OPERATING CORP. all of its right, title and interest in and to Thirty-Third Street, from Collins Avenue to the Atlantic Ocean, and in and to the Street-End thereof, together with all littoral rights and water privileges appertenant thereto. 3. THAT in consideration of the foregoing, the City of Miami Beach shall accept, and take title from DEAUVILLE OPERATING CORP. by appropriate deed of conveyance, of said Lots Three (3) and Four (4) of Block Nineteen (19) of OCEAN FRONT PROPERTY, together with the Alley between said Lots Three (3) and Four (4), and together with all rignt, title and interest in the Street-End to Thirty-Fourth Street, and together with all littoral rights and water privileges appertenant thereto. 4. THAT upon receipt of the aforementioned Deed, together with an escrow deposit to assure payment of the cost of closing Thirty- Third Street and relocating utility lines therein, the Vice Mayor in the absence of the Mayor and City Clerk of the City of Miami Beach are hereby authorized, instructed and directed to execute and deliver to DEAUVILLE OPERATING CORP., a Florida corporation, a Quit-Claim Deed to said Thirty-Third Street, and the said Street-End, together with all littoral rights and water privileges, all as provided for in this Resolution. -3- PASSED and ADOPTED this 6th day of March, A.D. 1963. nQ , .1 ';:> " t, \i l Vice , < ( /\ )', I...,~' y; '\ , Mayor C't ATTEST: R. ~. JOhnS~y Clerk By j(~J.tAk f~~ Deputy APPROVED AS TO FORM ~Jt:fIf '7/5 WI(I}(~ ity Attorney STATE OF FLORIDA ) COUNTY OF DADE ) S5.: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Malvin Englander and Lurana Pohzehl respectively, Vice Mayor and Deputy City Clerk of the city of Miami Beach, Florida, to me well known to be the persons described in and who executed the foregoing Resolution, and acknowledged before me that they executed the same freely and voluntarily for the purpose therein expressed. IN WITNESS WHEREOF, I hereunto set my hand and official seal at Miami Beach, said County and State, this 6th day of March, A.D. 1963. My Commission Expires: 1/--1;:- C J /.L"",0. _ /t!~' Notary Public ) State of Florida, at Large -4- . , OFFICE OF THE CITY ATTORNEY 4-8-63 TO: R. Wm. L. Johnson, City Clerk FROM: Joseph A. Wanick, City Attorney Re: Deauville Operating Corp. Collins -- 33Rd St. Realty Corp. I am enclosing the originals and copies of two agreements by Deauville Operating Corp. and Collins -- 33Rd St. Realty Corp. pertaining to the Resolution of the City Council vacating 33rd Street from Collins Avenue to Atlantic Ocean. Will you please file the same with the records of your office. JAW:es rJfu/ Enclosures Filed with Council records of March 6, 1963. RWLJ em DEAUVILLE OPERATING CORP. 6701 Collins Avenue Miami Beach, Florida March 5, 1963 Ci ty of Miami Beach Miami Beach, Florida Gentlemen: In connection with the vacating and closing of Thirty-third street in Miami Beach, Florida, the undersigned Corporation agreed to convey to you Lots 3 and 4, Block 19, of Ocean Front Property. A Resolution is being adopted by the City Couneil to authorize the foregoing. please be advised that Block 19, (including Lots 3 and 4) is encumbered by a Mortgage in favor of Acacia Mutual Life Insurance Company. Also, that the Robert Richter Hotel is situate on said Block 19, and a portion of said Hotel is located on said Lots 3 ald 4. It is the intention of the undersigned Corporation to payoff said Mortgage, and to de- molish the said Hotel. It is also intended that the saxony Hotel property and the Robert Richter Hotel property be joined as one and used as one parcel: and later, that a Convention Hall be constructed on the said Block 19 and joined to the saxony Hotel. In light of the foregoing, and as a condition to vacating 33rd street, you are hereby assured that the aforementioned Mortgage in favor of Acacia Life Insurance Company will be satisfied and discharged. No Partial Release can be secured, inasmuch as the Hotel building is to be demolished, and com- plete payment and satisfaction of the Mortgage is required. This letter will serve as a guarantee by the undersigned Corporation, and by Samuel Cohen, one of its principal Stock- holders, that the said Mortgage will be paid and satisfied. Also that 1962 Real Estate and personal property taxes on said property will be paid. In connection with the demolition of the Robert Richter Hotel building, this will be accomplished in due time and expeditiously, to ton form with your plans for widening 34th Street. The de- molition will be of no cost to you: but it is understood that all .'. ,. . - City of Miami Beach -2- March 5, 1963 salvage from said building and all contents thereof, remain the property of the undersigned corporation. You are not acquiring any interest in the building and you are to permit the demolition thereof, although a portion is situate upon said Lots 3 and 4. This letter constitutes a binding obligation and commitment upon the undersigned. very truly yours, ..~) presiy EAL) _WlLJ.8 .......x_ .... .'01 OolliM _a_ 111-.1 "'Gh, .10&'1.. __ ',1M3 C1t.y ~ IU-'l .... ... _4 ..... .10&'1" a.u_. 1ft CCliIlJUtCUOD w1t1a f:tIe "Mat.t.llV ad 01"1D9 ~ '1'Ia1ny-tJa1H su..t: 18 M1-.t. ...., 1'10&'14&, t;he ....c:.1piH CoI:por.UOD alp:ee4 to COD'V'ey to you lAt.. 3 ami 4, alock 19, of Oaeaa l'J:ont: property. A h801uUOD 18 IMIUl9 a4lJPted by the CUI' CO\mtIU to .utborl.. the fO&'.,o1D9. .1.... 1M "1..., tJult alock 19, (.t.Ilal..-t.. LOU 3 ad 4) b 00'-1'04 by . ~ .t.Il f.YOS' of ....1. NliI1I_l LoU'o In.voce ("l JI.Y. MR. thet the aea.nt: tiGhter Rotel 1. 81t_t. on 8.14 alock 19, ad . porUOD of .a14 Hotel 1. locate4 on .ald LOU 3.4... It 1. the 1DtuUon of the vlldonlpe4 Corpol'aUon to ...y off ..14 Mortpve, ami to .... .:>l1ah the .aid IIOto1. It: 1. al80 1nt:ea4e4 that the sa1tOfty Botel property ..4 the Reibert JU,cbtlllr Boul proPfl'rty be Jo.t.lllld .. ono and ued a. one pereel, an4 later, that a cora'NDUon Hall be CClQstr:uc:t.ed on the ...ld Block 19 and .:1.1.... to the 'axony Botel. ID 11pt Of tile foJ:eto1D9, ... .. . ClICIIl41t1C1l to ...t_ 33s'4 str..t. you .... henby ...ved tJlat tbIl afOl-_t.1onl14 MOI:tlJap in '.'101' of Acaci. Life Innraace C~y ",Ul 1M ..t1.fled an4 41l1oba1'ge4. 110 ..rt:1a1 J.1Il)lilfj€ t:~l'l be ..cu&'ed, 1na..ch .. the Rotel buUcUoI 1. to " 4ealo11ahed, ... ___ plOh ...,....t: and .aUafaot1Cl11 of tbIl ...... i. I'~ed. '1'bl. 101:tel' w111 Hn'0 .. a 901:'''-- by the W\cIenlpiH COJI'pol:'aUOIl, oa by .....1 CoMa. GlUt of U. p&'1Doipa1 8teek- bolden, t:bat the .ald MI:>>rt:IJage will" ",14 ami ..U.Ued. Alae thet: 1962 ...1 htah and per...l propec:ty taxa. em ..1d property wl11 1M pa14. ID ClOIlIlact1Cl11 with the .nnllUClll of U. ..II.I''t UcIa__ Betel 1N1llUnV, th1a w111 IMI aGG 1111.... 1ft fI_ tWe .... exp.lIiUoualy, to Ionlon with your plan. fO&' w.14en.i.ft9 14th ftnet. 'l'be"- IDCI1U1em w111 1M of DO c:oat\ to you, bat\ 1* 1. ~_.t;ood tJult\ all C1~ 01 111-.1 .... ..2- .-nIa I. 1M3 .alv.,. I~ Ai.lINlll11at ... all ...__.. -'eot. .. r .... the pr.....ty of the ,,".1,,*, aor:,..Ucm. You alre DOt; aCICIU1x ln9 ny 1Ilt;ereU 1Il the bla11411l9 acI YO\l ue t;o peJ:lI1 t; the 4811011t:1on thereof, althollgb . poz't.ion 18 sU1Iat.e upon ..14 ~ J acI 4. \'hi. leUex _.U h'te. . b1llc'111l9 oIJ11pUoa acI III i....t: liIlJ'OD the .....1...... VU'J tnly ,.an. , , DEAUVILLEOPERATING CORP. COLLINS - 33RD ST. REALTY CORP. Miami Beach, Florida March 5, 1963 City Council Ci ty of Miami Beach Miami Beach, Florida Gentlemen: The undersigned, DEAUVILLE OPERATING CORP., a Florida corpo- ration, as owner of the Robert Richter Hotel property described as all of Block Nineteen (19) of OCEAN FRONT PROPERTY of the Miami Beach Improvement Company; and the undersigned, COLLINS - 33RD ST. REALTY CORP., a Florida corporation (a wholly owned subsidiary of DEAUVILLE OPERATING CORP.), as owner of the Saxony Hotel property described as all of Block Seventeen (17) of OCEAN FRONT PROPERTY of the Miami Beach Improvement Company; do hereby request the City of Miami Beach to vacate, discontinue, abandon and close Thirty-Third Street, in Miami Beach, Florida, from Collins Avenue to the Atlantic Ocean. The said Thirty-Third Street, from Collins Avenue to the Atlantic Ocean, lies between and separates the Saxony Hotel property from the Robert Richter Hotel property, and it is the intention and desire of the undersigned to use both properties as one unit, without separation, including the Street. This letter constitutes the approval and authorization from the owner of the property abutting said Thirty-Third Street, to the closing and vacating of said Street, from Collins Avenue to the Atlantic Ocean. wi th best wishes, we remain, ~:zr;5Y::: Samuel Cohen, President