Resolution 10935 RESOLUTION NO. 10935
RESOLUTION VACATING THIRTY-THIRD STREET
FROM COLLINS AVENUE TO ATLANTIC OCEAN,
AND AUTHORIZING EXECUTION AND
DELIVERY OF QUIT-CLAIM 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
and quit-claiming to DEAUVILLE OPERATING 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
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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 Four (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.
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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
right, 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.
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PASSED and ADOPTED this 6th day of March, A.D. 1963 .
/2)0(AjLqt,t,. :,,
Vice Mayor
ATTEST:
R. Wm . Johns9_11,_!tly Clerk
By Z(fie(12—
Deputy
APPROVED AS TO FORM
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ity Attorney
STATE OF FLORIDA
SS . :
COUNTY OF DADE }
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: Notary Public ,
State of Florida, at Large
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DEAUVILLE OPERATING CORP.
COLLINS --- 33RD ST. REALTY CORP.
Miami Beach, Florida
March 5, 1963
City Council
City 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.
With best wishes, we remain,
DEAUVI'LE OPERATING CQRP..
Samuel Cohen, President
COLLINS -- 33R) ST:- REP,:LTY-6ORP.
/71,/ '
Samuel Cohen, President
DEAUVILLE OPERATING CORP.
6701 Collins Avenue
Miami Beach, Florida
March 5, 1963
City 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
Council 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 3azd 4. 'It is the intention of the
undersigned Corporation to pay off 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 Conform 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,
DEAUVI7 OPERATING COR .
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/' Samue Cohen, President ;
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SEAL
Samuel Cohei Individually )
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