Resolution 82-16897 RESOLUTION NO. 82-16897
A RESOLUTION OF THE CITY COMMISSION OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT OF
A PORTION OF CITY RIGHT-OF-WAY AND VACATING SAME
CONDITIONED UPON CERTAIN LANDSCAPING REQUIRE-
MENTS; AUTHORIZING THE EXECUTION OF A QUIT CLAIM
DEED EVIDENCING SUCH VACATION AND RETAINING A
TEN FOOT UTILITY EASEMENT. (PROPERTY LOCATED
ADJACENT TO LOT 3 BLOCK 4 , MIAMI BEACH
IMPROVEMENT COMPANY 'S AMENDED OCEANFRONT
PROPERTY. ) 2445 Collins Avenue
WHEREAS, the owners of the real property described in the
attached Exhibit "A" , have petitioned the City Commission of the
City of Miami Beach to vacate said right-of-way easement; and
WHEREAS, said right-of-way has been abandoned by the
public; and
WHEREAS, the vacation of the subject right-of-way is
deemed to be in the best interest of the City of Miami Beach and its
citizens provided that a ten foot utility easement be retained and
that the grantees of said vacated easement landscape the area des-
cribed in Commission Memorandum No. 50-82 ; and
WHEREAS, the Public Works department recommends that said
easement be vacated conditioned upon the above.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City surrenders all
its right, title and interest to the property described in the
attached Exhibit "A" and authorizes the execution of a Quit Claim
deed evidencing same, conditioned upon the landscaping described in
Commission Memorandum No. 50-82 being provided by the grantees and
upon the retention in said Quit Claim deed of a ten foot utility
easement.
PASSED and ADOPTED this 20th day of January , 1384..
Mayor
ATTEST:
City Cle k
APPROVED
,�y�?)LEGAL DEPT.
By ' 2YkNI-
Date � ��' FZ
LTA/JJ
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
[A
EXHIBIT "A"
2445 Collins Avenue
Legal Description of Excess Right-of-Way
The area immediately west of and adjacent to Lot 3, Block 4,
Miami Beach Improvement Company's Amended Oceanfront Property,
less the easterly ten feet of the area adjacent to and east of
the east right-of-way line of Collins Avenue, to be retained as
an underground utility easement.
eeo Neaste 'ead
SPI`Bf'�y, F L O R I D A 3 3 1 3 9
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OFFICE OF THE CITY MANAGER
HAROLD T.TOAL CITY HALL
1700 CONVENTION CENTER DRIVE
CITY MANAGER
TELEPHONE: 673-7010
S.o_gv
COMMISSION MEMORANDUM NO.
DATE: January 20, 1982
TO: Mayor Norman Ci ent and
Me rs of the it Commission
FROM: a old T. Toal
City Manager
SUBJECT: Abandonment of Excess Right-of-Way on Collins Avenue
Adjacent to Lot 3, Block 4, Miami Beach Improvement
Company's Amended Oceanfront Property (2445 Collins Avenue)
The owners of Lot 3 appeared before the Zoning Board for certain
variances which were granted subject to the owner obtaining title to
the excess right-of-way on Collins Avenue West of Lot 3 .
In exchange for the variance , the owners agreed to develop and landscape
Miami Beach Drive at the rear of their property and Miami Beach Drive
at the rear of Lot 6 and to the center line of 25th Street . They fur-
ther agreed to approve and landscape Outlots 1 and 2. These concessions
were made as the owners have not been required to bear the burden of
relocating utilities as this was done by developers on each side of
their property.
The Public Works Department has reviewed the request and finds that
the excess right-of-way can be abandoned provided the West 10 feet is
retained as an underground utility easement as shown on the attached
sketch. Also, the utility companies have indicated they have no
objections to the abandonment .
The City Attorney has reviewed this matter and advises that the excess
right-of-way can be abandoned.
ADMINISTRATION RECOMMENDATION :
The Administration recommends that the excess right-of-way as shown on
the attached sketch be abandoned.
HTT/FA:pk
1
1 AGENDA C.--C-14-
ITEM
mac -lrITEM
DATE
ALAN J. KAN
Attorney at Law
P.O. Box 8292
Pembroke Pines, Florida 33024
(305)431-7111
•
December 9, 1981
Mr. Harold Toal , City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: 2445 Collins Avenue
Request for Relocating Utilities
Dear Mr. Toal :
Please be advised that on Friday, December 4, 1981 , the Zoning Board of
Adjustment granted my client, Village Communities, Inc. , the following
variances:
1 . 3.1 ft. of the required 23.1 ft. north tower side yard setback.
2. 3.1 ft. of the required 23.1 ft. south tower side yard setback.
3. Exceeding permitted pedestal lot coverage of 10,890 sq. ft. (50%)
by 2230 sq. ft. (11%) for a total pedestal lot coverage of 13,120
sq. ft. (61%) .
4. Exceeding permitted tower lot coverage 3267 sq. ft. (15%) by 553 (2.6%)
for a total tower lot coverage of 3820 sq. ft. (17.6%) .
Among other conditions, these variances were granted subject to my client
obtaining Commission approval for ownership and relocating the existing
utilities in the westerly 10 feet of the subject property. (See attached
recommendation of Frank Aymonin. ) Accordingly, this is to request that you
schedule a hearing on same before the City Commission at their regularly
scheduled meeting to be held on Wednesday, January 20, 1981 .
Thank you in advance for your consideration and cooperation in this matter.
Very truly yours,
J'/ L./
ALAN J.470
AJK:tb
Attachment
cc: John Ritter, City Attorney
Donald Fisher
2
AGENDA
ITEM C—S A– 1
DATE I" Q w C'e2
DRAFT
TO: The Board of Adjustment November 23, 1981
FROM: Frank Aymonin
SUBJECT: Board Meeting, November 23, 1981
1. File No. 1453 - Village Communities , Inc .
2445 Collins Avenue
Lot 3 and Outlot 3, Block 4
Ocean Front Property of The Miami Beach
Improvement Company
The proposed improvement, as shown on the applicant 's plan, occupies
street right-of-way that is presently being used for utilities . My
recommendation is based on the owner obtaining Commission approval for
ownership and relocating the existing utilities in the westerly 10 feet
of the property that will remain as a utility easement, and no struc-
tures will be permitted. It is recommended that items 1, 2, 3, and 4
of the variance be approved subject to the above, and the owner pro-
viding proper garbage facilities approved by the Public Works Department,
the cost of relocating all utilities., be borne by the owner, the owner
be required to improve and beautify outlots 1 and 2 including the con-
tinual maintenance, that the Plans be modified to require the north and
south driveway ramps to not extend into the utility easement or adjacent
' properties, and improve and beautify Miami Beach Drive adjacent to
their property and the area adjacent to lot 6 and the south half of
25th Street, including the continual maintenance.
2. File No. 1454 - Indeco Holdings
1451 Ocean Drive
Lots 1, 2, 3, and 4 of Harrison and Hayes
subdivision, Tract A, B, C, and D of Harrison
and Hayes Subdivision, 1450 Ocean Drive
Lots 5 , 6, 11, 12 and Part of Lot 10 of
Fishers First Subdivision
•
The proposed improvement occupies the south half of 15th Street for
approximately two-thirds of the property. This area is not considered
excess right-of- way and I could not recommend giving up oceanfront land
for private use. It is , therefore, recommended that no further consider-
' ation be given the applicant if he proposes to occupy this area .
Assuming the applicant revises his plans to comply with the above, it
is recommended that the items listed in Exhibit A of the variance be
approved subject to the owner providing proper garbage facilities approved
by the Public Works Department, the owner be responsible for the cost of
extending 12-inch water main adjacent to his property to 14th Lane, inter-
connected to other water mains , that the proposed pedestrian overpass
across Ocean Drive be approved by the City Commission and that the
clearance be a minimum of 40 feet and the width be a maximum of 15 feet,
that the owner be required to beautify the 15th Street streetend to the
proposed linear park, also that he be required to construct the linear
park adjacent to his property, that the parking ramp for Building #2
commence at the east right-of-way line of Collins Avenue.
FA:pk
cc : Members of the Board
Mr. John Ritter
Mr. Harold Toal
Mr. Sanford A. Youkilis
3
P. S. Additional Information to File #1454 -
The City had considered making Collins Avenue and Ocean Drive a
one-way pair system from 5th to 15th Streets, however, since the
beach nourishment project , there would be adequate area to widen
Ocean Drive in lieu of the one-way pair system which would be more
. desirable. The only restriction in the project would be from 14th
Lane to 15th Street which presently has a right-of-way width of
50 feet . It is , therefore, recommended that the developer deed
to the City for street widening purposes approximately 20 feet on
the east side of Ocean Drive. Also, that the owner be granted
any additional variances that this dedication may require. Also,
the owner will be required to extend the gravity sanitary sewer
system from Collins Avenue easement and in 15th Street from Collins
Avenue to serve both buildings .
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CITY OF MIAMI BEACH ?.? -/6/ 7
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cc
TO: Mr. Frank Aymonin, Public Works Directo. DATE: June
FROM: line Matthews, City Clerk
SUBJECT: Commission Memo 50-82, Item C5A January 20, 1982, Abandonment of
Excess right of way on Collins Avenue adjacent to Lot 3, Block 4,
M. B. Improvement Co. Oceanfront Property
&� ,e197
On Jaivary 20, 1982, the City Commission by Resolution NL. ' ; authorized
execution of a Quit-claim deed to the owners of the propert, she excess
right of wyy on Collins Avenue West of Lot 4. . . .and providing for the retention
of an underground utility easement.
To date, we have not received the required instruments -for execution by the
City or the property owner.
In checking our Quit-claim file I have found two prior quit-claim deeds relating
to Abis lot, which may be of assistance to you in preparing the instruments.
needed.
.'A
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'43' �! L1V%�zlam 7]eaA
MEMO ROUTING SLIP Never Use for ApprovaisR R►Pf /E
Concurrences, or Simi rr rhrnir- f ti t
1982 AUG I_N2 ,CIRCULATE
TO I:
I
Public Workt 114 P.AT' A«NOW LEDG■
PUBLIC WORKS OF t
2 1F ILE
cc. Lucia Allen FTI
3 NOTE AND
RETURN
PER CON-
VERSATION
4 SEE ME
PROCESS
REMARKS
Comm Memo 50-82, Item C5A, Jan. 20, 1982
abandonment of excess right of way on Collins Ave
adjacent to Lot 3, Block 4, MB Improvement Co
Oceanfront property as authorized by Resolution
No. 82-16897
To-date we have not received the necessary instrum is
to close out this matter. Please advise.
l
`. Acoate` -
fil..3-(r-2
FROM DATE
Elaine Matthews, City Clerk 8/2/82
PHONE
•
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UIT-CLAIM DEED _ BOOK P,275
QUIT-CLAIM
INDENTURE, r
r117
MADE, this �� day of AaA144.4A1Mhi , 1939,
between MIAMI BEACH TRAYMORE CORP. , a Florida Corporation, party of
the first part, and CITY OF MIAMI BEACH, a Municipal Corporation, of
the County of Dade and State of Florida, party of the second part,
WITNESSETH:
THAT the party of the first part, for and in con-
sideration of the sum of Ten (410.00) Dollars and other good and val-
uable consideration, in hand paid by the said party of the second
part, receipt whereof is hereby acknowledged, have remised, released
and quit-claimed, and by these presents do remise, release and quit-
claim unto the said party of the second part, ' its successors and
assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the following des-
cribed parcel of land, situate, lying and being in the County of Dade,
State of Florida, to-wit:-
Bounded on the North by the Northerly Line, and
said Northerly Line produced Westerly, of Lot
Three (3) , Block Four (4) , of the Amended Ocean
Front Property of the Miami Beach Improvement
Company.
Bounded on the South by the Southerly Line, and
said Southerly Line produced Westerly, of said
Lot Three (3) .
Bounded on the East by the Westerly Line of
Collins Avenue.
!.' Bounded on the West by a line described as fol-
lows:
Beginning at a point which is nine and five-tenths
(9.5) Feet Southerly of the Southerly Line of Hotel
Place (now Twenty-Fourth (24th) Street) , and
eightht
and five-tenths (8.5) feet Westerly of the Westerl3
Line of that portion of said Collins Avenue immed-
iately Southerly of said Hotel Place (now Twenty-
Fourth (24th) Street; thence in a general Northerly
direction along a circular curve deflecting to
— - the right, said circular curve being tangent to a
„ • — line eight and five tenths (8. 5) feet Westerly of
and parallel with the Westerly Line of that portio
of said Collins Avenue immediately Southerly of
said Hotel Place (now Twenty-Fourth (24th) Street)
. s��'° , and said circular curve having a radius of two
CA)•• hundred seventy-five (275) feet, a central angle
of thirty-nine degrees, for a distance of one
hundred eighty-seven and nineteen one-hrindredti.s
(187.19) feet to a point of reverse curve.
8QOK2066 PA:E2'i6
Thence in a general Northerly Direction along a
circular curve deflecting to the left having a
radius of five hundred ten (510) feet for a dis-
tance of one hundred sixty-nine (169) feet, more
or less, to a point on the said Northerly Line of
Lot Three (3) produced Westerly.
As said Lot, Block, Property, Avenue and Place
are shown on the Amended Map of the Ocean Front
Property of the Miami Beach Improvement Company,
recorded in Plat Book Five (5) , at Pages Seven
(7) and Eight (8) , of the Public Records of Dade
County, Florida.
The premises herewith remised, released and quit-
11 claimed are remised, released and quit-claimed unto the City of Miami
Beach for street purposes, and the title thereto shall revert to the
party of the first part, its successors and assigns, whenever the use
of the said premises, as and for a street or highway, is discontinued
either voluntarily or by operation of law.
The grantor hereby grants to the said City of Miami
Beach the right and privilege to construct a concrete seawall approxi-
mately ten (10) feet Westerly of said above described Westerly Boundary
for the use and benefit of the Grantor, and hereby also grants to
said City of Miami Beach the right and privilege to place fill between
said above described Westerly Boundary and said Seawall for the use
and benefit of said Grantor.
In consideration thereof, the Grantor hereby agrees
that no buildings or structures of any kind shall ever be constructed o]
placed between said above described Westerly Boundary and said Seawall
excepting that fences or walls not exceeding five (5) feet above grade
along, on, or immediately inside of; the Boundary Lines, Gates, Gate-
posts, Landscaping or Landscaping Improveuents, and Fountains, shall
not be construed as buildings or structures within the meaning of this
restriction.
TO HAVE AND TO HOLD THE SADiE, together with all and
singular the appurtenances thereunto belonging or in anywise appertain-
ing, and all the estate, right, title, interest and claim whatsoever,
of the said party of the first part, either in law or equity, to the
(fl
•
•
BOOK PACE)1
only proper use, benefit, and behoof of the said party of the second
part, its successors and assigns, forever.
IN WITNESS WHEREOF, the said party of the first
part has caused these presents to be signed in its name by its
President and its corporate seal to be affixed, atteste'cY toCklOts
Secretary, the day and year first above written.
MIAMI BEACH TRAYI/Qta_;4`DRP.,, ' n(=di)
ATTEST: By =•� �� r`,
= ,,e +ict erP
Secretary
SIGNED, SEALED AND DELIVERED IN SIGNED, SEALED AND DELIVERED IN
T.F PRESENCE OF: THE PR SENCE OF:
‘ 74c-,)-4c
. /3-.
AS T , THE EC y TARY) (AS TO THE PRESIDE,rT)
*********
STATE OF FLORIDA )
S S.
COUNTY OF DADE )
I HEREBY CERTIFY that on this 15 day of X410/44 ,4th
1939, before me personally appeared ABRAHAM HALPERIN, President of MIAMI
BEACH TRAYMORE CORP. , a Florida Corporation, to me well known to be the
person described in and who executed the foregoing conveyance and who
acknowledged the execution thereof to be his free act and deed as such
officer, for the uses and purposes therein mentioned; and that he affixed
thereto the official seal of said corporation and the said instrument is
the act and deed of said corporation.
WITNESS my signature and official seal at Miami,
Dade County, Florida, this, the day and year first hereinabove written.
My Commission Expires
August 11th, 1940. NOTARY PUBLIC, ST E OF FLORID4T LARD
STATE OF NEW YORK )
( SS. A ,
COUNTY OF KINGS) )
I HEREBY CERTIFY that on this 15th day ofRovember
- 1939, before me personally apperedISRAEL HALPERIN, Secretary of MIAMI
BEACH TRAYMORE CORP. , a Florida Corporation, to me well known to be the
person described in and who executed the foregoing conveyance and acknow-
ledged the execution thereof to be his free act ana deed as such
officer, for the uses and purposes therein mentioned; and that he af-
fixed thereto the official seal of saia corporation and the said instrume
is the act and deed of said corporation.
WITNESS my signature and official seal at Brooklyn,
Kings County, Nev. York, this, the day and year first hereinabove written.
•
• PUBLIC, OF I'd Y ) .
t .1Li OF KING: .
My Co^mL�,_ •,s '`on
Nioi q�'j `tree of FFIuri.ia. [: of Dade
} • r - --a .4._-m ..• .,t.7 �t
`(/
(Notarialgc '),
QUIT CLAIM DEED
THIS INDENTURE, Made this 27th day of May
A. D. 1940, between CITY OF MIAMI BEACH, a Municipal corporation,
of the County of Dade and State of Florida, party of the first part,
and MIAMI BEACH TRAYMORE CORP. , a Florida corporation, party of
the second part;
WITNESSETH, That the said party of the first part,
for and in consideration of the sum of Ten Dollars and other good
and valuable consideration, in hand paid by the said party of the
second part, receipt whereof is hereby acknowledged, has remised,
released end quit-claimed, and by these presents does remise,
release and quit-claim unto the said party of the second part, its
successors and assigns, forever, all the right, title, interest,
claim and demand which the said party of the first part has in and
to the following described parcel of land, lying, situate and
being in the County of Dade, State of Florida, to-wit:
Bounded on the north by the northerly line produced
westerly of Lot Three (3) , Block Four ( 4) , of the
Amended Ocean Front Property of the Miami Beach
Improvement Company.
Bounded on the south by the southerly line produced
westerly of said Lot Three (3) .
Bounded on the east by the easterly line of Collins
Avenve.
Bounded on the west by a line described as follows:
Beginning at a point which is nine and five-tenths
( 9.5) feet southerly of the southerly line of Hotel
Place (now Twenty-fourth ( 24th) Street) , and one and
five-tenths (1.5) feet easterly of the easterly line
of that portion of said Collins Avenue immediately
southerly of said Hotel Place (now Twenty-fourth ( 24th)
Street) ; thence in a general northerly direction along
a circular curve deflecting to the right, said circular
curve being tangent to a line one and five-tenths (1.5)
feet easterly of and parallel with the easterly line
of that portion of said Collins Avenue immediately
southerly of said Hotel Place (now Twenty-fourth ( 24th)
Street) , and said circular curve having a radius of one
hundred ninety (190) feet, a central angle of thirty-
nine (39) degrees, for a distance of one hundred twenty-
nine and thirty-three one hundredths ( 129.33) feet to a
point of reverse curve; thence in a general northerly
d;rection along a circular curve deflecting to the left
having a radius of five hundred ninety-five ( 595) feet
for a distance of two hundred twenty-eight (228) feet,
more or less to a point on the said northerly line of
Lot Three (3) , produced westerly.
As said Lot, Block, Property, Avenue and Place are
shown on the Amended Map of the Ocean Front Property
of the Miami Beach Improvement Company, recorded in
Flat Book Five ( 5), Pages Seven (7) and Eight (8) of
the Public Records of Dade County, Florida.
Subject to the following restrictions:
No buildings or structures of any kind shall ever be
constructed or placed upon the above described property
excepting that fences or walls not exceeding five feet
above grade along, on or immediately inside of the
boundary lines, gates, gateposts, landscaping or land-
scaping improvements, fountains, shall not be construed
as buildings or structures within the meaning of this
restriction.
The City of Miami Beach and all public utility companies
having franchises shall have the right and privilege of
constructing and maintaining underground conduits, lines,
pipes, sewer pipes, and any other usual method for trans-
mitting under-ground public service, or utilities dis-
pensed by the City or public utility companies holding
franchises.
TO HAVE AND TO HOLD the same, together with all and
singular the appurtenances thereunto belonging or in anywise apper-
taining, and all the estate, right, title, interest and claim
whatsoever of the party of the first part, either in law or equity,
to the only proper use, benefit and behoof of the said party of
the second part, its successors and assigns, forever.
IN WITNESS WHEREOF, the said party of the first part
has caused these presents to be signed in its name by its Mayor
and its corporate seal to be affixed, attested to by its City
Clerk the day and year first above written.
CITY OF :iIA.:I BEACH,
a Municipal corporation,
Attest : (SEAQ,) •
(Signed) C. 14. Tomlinson BY_ (Si6ned) John H. Levi
City Clerk Mayor
Signed, sealed and delivered
in the presence of:
(Signed) Ruth R. Smith
(Signed) W. M. Roberts
-2- •
1
2-
1
STATE OF FLORIDA )
: SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this 27th , day of May.
A. D. 1940, before me personally appeared John H. Levi
and C. W. Tomlinson , respectively Mayor
and City Clerk of the CITY OF MIAMI BEACH, a Municipal corporation,
to me well known to be the persons described in and who executed
the foregoing conveyance to MIAMI BEACH TRAYMORE CORP. , a Florida
corporation, and severally acknowledged the execution thereof to
be their free act and deed as such officers, for the uses and
purposes therein mentioned; and that they affixed the*eto the
official seal of said corporation, and the said instrument is the
act and deed of said corporation.
WITNESS my signature and official seal at Miami Beach,
in the County of Dade and State of Florida, the day and year last
aforesaid.
(Signed) Clara P. Bennett
(SEAL) Notary Public State of Florida
at large.
My commission expires:
May 7th, 1944
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