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Resolution 79-16113 RESOLUTION NO. 79-16113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO DELIVER QUIT CLAIM DEED PURSUANT TO RESOLUTION NO. 73-14106 . WHEREAS, for the reasons more particularly set forth in Commission Memorandum No. 7895 the City Commission of the City of Miami Beach deems it in the best interest of the citizens of the City of Miami Beach to authorize the delivery of Quit Claim Deed to the said owners, their heirs and assigns, the terms of said issuance are familiar to the City Commission and which Quit Claim Deed is included in the agenda package for the meeting at which this Resolution was adopted; and WHEREAS, the City Manager and City Attorney recommend the issuance of said Quit Claim Deed and the City Attorney has approved same as to form and legal sufficiency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor be and he is hereby authorized and directed to execute said Quit Claim Deed for and on behalf of the City of Miami Beach. PASSED and ADOPTED this 5th day of December, 1979. Vice Mayor Attest: (SEAL) City Clerk BMS/rr OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 eav, 4 1/%am Eead _Ptse fq,, FLORIDA 3 3 1 3 9 S k* INCORPow,rco *I "VACATIONLAND U. S. A.- �,,rpcH.ii." ---- OFFICE 6"--OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 71M5---- DATE: t1fDATE: December 5, 1979 TO: Mayor Murray Meyerson and Members of the City Commission FROM: Harold T. Toal%/\:= c:).75sL City Manager SUBJECT: QUIT CLAIM DEED FOR EXCESS COLLINS AVENUE RIGHT-OF-WAY BACKGROUND , In 1973 the City Commission passed a resolution included on page 51 of the Commission Agenda, which authorized the delivery of a Quit Claim Deed to certain excess right-of-way on Collins Avenue to the owners of the adjacent property. The attached sketch shows the property and the right-of-way in question. At the time of the 1973 Commission action, the owners of the property were required to obtain releases from other utilities, and relocate the utilities of the City of Miami Beach which were contained within the right-of-way in question. Pending satisfaction of that requirement, and others, the City Administration and the City Attorney were authorized by the old resolution to convey title. Recently, new owners of the property came forward and requested the deed. Staff met with the City Attorney's office, and decided to present the matter to the Commission with a re-statement of all conditions which must be satisfied, and with the requirement that relocation costs for utilities be updated. The new owners have deposited $78,800 and have further agreed by the letter of personal undertaking, included in the Agenda package, to pay above that amount if the cost of the relocation requires it. RECOMMENDATION It is recommended that the attached resolution authorizing execution of the Quit Claim Deed to excess street right-of-way on Collins Avenue be adopted. HTT .•.;=7EB:Ib AGENDA 4, / ITEM (1Z-- DATE / d` --S----- .1 CI r - Z]UIF-CLAIM DEED RAMCO FORM B I. This t d' December • 79 t- ,1th n Dad, Executed this 11th day of •, A. D. 19 . by , CITY OF MIAMI BEACH, a Municipal corporation of the County of Dade t ! of Florida, ! ' first' ` 0 THE RIVIERA, a Florida partnership, 17000 Collins Avenue, North Miami Beach, Florida whose postal rice address is 33160 I r second party: 1 (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal i 1 representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context F so admits or requires.) 1 1Q `tnQss th, That the said first party, for arid in consideration of the sum of S 10.00 r in hand paid by the. said second party, the receipt whereof is hereby achnowledged, does hereby remise, re- _ t lease and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being i in the County of Dade State of Florida . to-wit: 1 1 LEGAL DESCRIPTION ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. THIS IS A CORRECTIVE DEED, correcting that certain Quit-Claim Deed t from CITY OF MIAMI BEACH. to THE RIVIERA, a Florida partnership, dated December 5, 1979, and recorded December 6, 1979, under Clerk' s File t No. 79R-345734, of the Public Records of Dade County, Florida. Due to a scrivener' s error, the names of the persons executing said Deed on behalf of the grantor were omitted from the acknowledgment on said Deed. t ••I i 1 To Have and olipthe same together with all and singular the appurtenances !hereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In Witness Bhagat The said first party has signed and sealed these presents the day and year first above written. , Signed, sealed an delivered in presence of: ITY OF MI MI BEACH, a Municipal c. •• ation o he County of Dade +i MurrMe = . yads it 7 By: �r .c�i .,� B /fit Elaine Mllews, ity Clerk STATE OF FLORIDA, COUNTY 'o DADE I I HEREBY CERTIFY that on this day, before me, an officer dui-; a:at:orized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Murray Myerson, Mayor, and ELAINE MATTHEWS, City Clerk, of the.,,C-_TY OF MIAMI BEACH- a Municipal corporation of the County of Dad , to`p'g knc•.n -to be the person &lescribed in and who executed the foregoing instrument and y ac noxsledged • I} before rr :hat theyxecuted the same. ! ' ' .1 11th day of BVI-?S-ITSS my hand and official seal in the County and State last aforesaid this A t Doge beN. , 79 + A. D. 19 r. / ... ��� I f ` • t NO ,e Y UBLIC, State of Florida .., ,� My Commission Expires : ,l.il',.,, NOTAki PUBLIC STATE OF FLORIDA AT LA,t.,c ' ''''" ;,,„„001' ' MY COMMISSION E:NIkES SLPT 7 19o3 / . BONDED ltiJ GLNLKAL i,4 , UNUtKAYxl ie i. ,— This -1'his Insir,unent prepared by: DAVID J. ABRAMOWITZ, ESQ. BROAD AND CAS EC ! AddressBARNETT BANK BUILDING 1in3 KANE CONCOURSE B.,Y P 4iBOR ISLANDS. FL. 331.s.tI. EXHIBIT "A" TO QUIT-CLAIM DEED FROM CITY OF MIAMI BEACH, a Municipal corporation of the County of Dade, State of Florida, to THE RIVIERA, a Florida general partnership PARCEL 1 : That tract or parcel of land bounded on the north by the northerly line produced westerly of Lot 1 , Block 4 , of the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY; Bounded on the south by the southerly line produced westerly of said Lot 1; Bounded on the east by the easterly line of Collins Avenue; and Bounded on the west by a line described as follows : Beginning at a point which is 9 . 5 feet southerly of the southerly line of Hotel Place (now 24th Street) , and 1 . 5 feet easterly of the easterly line of that portion of said Collins Avenue immediately southerly of said Hotel Place (now 24th Street) ; thence in a general northerly direction along a circular curve deflecting to the right, said circular curve being tangent to a line 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 24th Street) , and said circular curve having a radius of 190 feet, a central angle of 39 degrees , for a distance of 129 . 33 feet to a point of reverse curve; thence in a general northerly direction along a circular curve deflecting to the left having a radius of 595 feet for a dis- tance of 73 . 60 feet, more or less, to a point on the said northerly line of Lot 1 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 Improve- ment Company recorded in Plat Book 5 , Pages 7 and 8 of the Public Records of Dade County, Florida. PARCEL 2 : ALL THAT CERTAIN PARCEL OF LAND bounded as follows : Bounded on the northerly side by the northerly line of Lot 2 , Block 4 of the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVE- MENT COMPANY, according to the Plat thereof, recorded in Plat Book 5 , at Pages 7 and 8 , of the Public Records of Dade County, Florida, extended westerly; bounded on the southerly side by the southerly line of Lot 2 , Block 4, of the aforesaid subdivision, extended westerly; bounded on the easterly side by the easterly line of Collins Avenue as the same is shown on the Plat of the aforesaid subdivision; and bounded on the westerly side by a line described as follows : BEGINNING at a point which is 9 . 5 feet southerly of the southerly line of Hotel Place (now 24th Street) and 1 . 5 feet easterly of the easterly line of that portion of said Collins Avenue immediately southerly of said Hotel Place (now 24th Street) , thence in a general northerly direction along a circular curve deflecting to the right , said circular curve being tangent to a line 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 24th Street) and said Circular Curve having a radius of 190 feet, a central angle of 39 degrees, for a distance of 129 . 33 feet to a point of reverse curve; thence in a general northerly direction along a circular curve deflecting to the left having a radius of 595 feet for a distance of 152 . 99 feet, more or less, to a point on the said northerly line of Lot 2 , 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 5 , at Pages 7 and 8 , of the Public Records of Dade County, Florida; SUBJECT TO : A reservation in favor of the City of Miami Beach and • all public utility companies having franchises of an easement along the west 10 feet of Parcel 1 and the west 10 feet of Parcel 2 for the purpose of construcing and maintaining underground conduits , lines, pipes , sewer pipes and any other usual method for transmitting underground public service or utilities dispensed by the City or Public Utility Companies holding franchises . ORIGINAL RESOLUTION NO. 79-16113 (Authorizing the City Attorney to deliver Quit Claim Deed pursuant to Resolution No, 73-44106.)