Loading...
Resolution 80-16497 RESOLUTION NO. 80-16497 AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A DEED OF A CERTAIN PORTION OF COLLINS AVENUE ORIGINALLY DEDICATED ADJACENT TO THE EAST BOUNDARIES OF LOTS 4 AND 5, BLOCK 4, AMENDED PLAT OF MIAMI BEACH IMPROVEMENT COMPANY ' S OCEAN FRONT PROPERTY SUBDIVISION; ACCEPTING A PORTION OF THE OUTLOTS ADJOINING COLLINS AVENUE LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF THE PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY. WHEREAS, for the reaAi ons more particularly set forth in Commission Memorandum No. d 7 Sr- , the City Commission of the City of Miami Beach deems it in the best interest of the City to execute the Deed attached hereto and marked Exhibit 1 and accept that the Deed attached hereto and marked Exhibit 2; and WHEREAS, the City Manager has recommended that the City execute and accept said Deeds and the City Attorney has approved same as to form and legal sufficiency; and WHEREAS, the grantee of the parcel of land described in Exhibit 2 has agreed to certain conditions more clearly described attached letter dated December 15, 1980 NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk by and they are hereby authorized and directed to execute the Deed in the form attached hereto and marked Exhibit 1, subject to the conditions described in the attached letter dated December 15, 1980 , and accept the Deed in the form attached hereto and marked Exhibit 2 . PASSED AND ADOPTED this 17th day of December , 1980. Mayr Attest: 5211(iLe-at-t-vo- City Cle FORM APPROVED LE DEPT. Lik BY ,` �• Date_1 LTA/mp OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH.FLORIDA 33139 ;FIV r) Tomca Investments N.V. , Inc. '80 PEC 15 I►H424 CIT Y MANAGUA'S OFFICL December 15, 1980 City of Miami Beach Office of the City Manager City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 RE: Proposed Landscape Plan for Surfside Plaza Property Dear Sir: This letter will confirm that Tomca Investments, N.V. , as well as its successors and assigns, hereby agree and make the commitment to the City of Miami Beach, to perform all of the proposed landscaping requirements set forth in the proposed landscape plan for: Surfside Plaza Property, Miami Beach Drive, prepared by the City of Miami Beach, D. Turner, November, 1980, a copy of which is attached hereto. The landscaping requirements shown thereon include construction of concrete walkways, interlocking pavement, planters, landscaping treatment, numerous palm trees, benches, and illumination for the area along Miami Beach Drive, adjacent to the Surfside Plaza Property. Additionally, the strip of land which lies between the western boundary of Collins Avenue and Lake Pancoast has been conveyed to the City of Miami Beach by Tomca Investments, N.V. (or is being conveyed to the City of Miami Beach simultaneously with this letter) and the Grantor, its successors and assigns shall perform the landscaping required in the proposed Landscape Plan as described herein, including planting of trees, construction of benches, etc. These landscaping obligations include the perpetual continued maintenance of the proposed landscaping, including sprinkler systems as required, by Tomca Investments, N.V. , its successors and assigns. Final construction drawings detailing these improvements to the area along Miami Beach Drive and the outlots between Collins Avenue and Lake Pancoast shall be submitted to the City Planning Division for review and approval prior to the issuance of a building permit. Any changes from the plan set forth in the proposed landscaping plan shall only be made upon approval by the City of Miami Beach. Furthermore, landscaping of the Surfside Plaza Property adjacent to Miami Beach Drive and Collins Ave. will be integrated with the proposed landscaping plan for Miami Beach Drive and the other areas described herein. SUITE 218. INTERCONTINENTAL BANK BUILDING. 3899 NW 7 STREET. MIAMI. FLORIDA 33126. TELEPHONE(305)642-8220 8. 642-8221. TELEX 51-8863. CABLE DISI. Wim'' • Tomca Investments N.V. , Inc. December 15, 1980 RE: City Of Miami Beach Page 2 Additionally, Tomca Investments, N.V. as well as its successors and assigns shall be responsible for and shall pay all costs and expenses relating to the relocation of utilities existing on the Surfside Plaza Property. The existing sewer line will be relocated to the ten foot easement located parallel to the east side of Collins Avenue and the West boundary of the Surfside Plaza Property (as described by the Quit Claim Deed from the City of Miami Beach to Tomca Investments, Inc. ) . This relocation of utilities obligation is also set forth in the Quit Claim Deed from the City of Miami Beach to Tomca Investments, N.V. Very truly yours, ' 1 '7/ '-' /// lif Jo ge A. Fernandez Managing Director JAF:zi SUITE 218. INTERCONTINENTAL BANK BUILDING. 3899 NW 7 STREET. MIAMI, FLORIDA 33126. TELEPHONE(305) 642-8220 8 642-8221. TELEX 51-8863. CABLE DISI. . L , 1 1 1 1 . ___ _.......... _ ........4 i 1 . tr.: • , _.! _.I._ Li N i • ht _ill . , a... 0 , • e.‘ . IP - I. -; •;T' l.- Y . ---- - --- 2 - •*--- . 11_71' . . • • 1 hi I . . 1 . , 4 , ....... , „. , i • , I , 9 . • 2. ' . oa I • . ••. • • .. -! , ski, , r I. • I— I F-.. 71, 1 1 --)i 1 I 1 1 • -- 1 .kal L.v\ 1 I .-- 1 1 • .- 4 ) i r-:.. ,7•,1: 1 1 , :i , , -1,! ' j • . a • I . . 1 a i L•____411 . • 1 . • •,• , i : , -- ,•::: ., L. -. . , -...--: , ..._...._ ,Al '„ N i ••IT I k. .... D. 1 I 1 I I q . • I, .. l'l ''1 . " . . . •-! • ,I. bd II 1 I ' t 2M A ., • '' '' ''' '1) --L. 1 i : • . , • ik .. 1‘ - t : .• ! A k• I:, . 1 • 4 ai '-' ) • . Ai \i ‘ 7—\-- = • • L11‘ .. . ' \ .j,:,..,J: ...... sq\ \I\ • .:. .4 . -4 1 4 \ %.% 1121 .' • ..e> ,,A s ,-.. _L '...• '>'44 .;'„1 1, , . , . . . '-‘-- ,7 ‘\ , -,. • li ',-. 1..2_.. ,. . .. . I• ..'.,..1 , -g .. ..• u... . &,) ' ' 4 / .......j, 1 I Iiii r--=---4' . ; •1./ _1 - < I I . 1/4-.:." -1LkP I . tu,. \ \ 1 I I <LI I \i I 1 2 ) 1 a 1.. i . . . .. . , . I... . • y 1 Pix 1 'N. I I ‘ 11 ...; ‘ >71` '. 1 I - N\ :::. '.: &. ..' ................ta ..--......--. - - : ."'1• '' i : ' i 1.. • I 2 'Th 10- I 1 :>-- . ' i-i- 1 .• 1 • 1 : • it _ 11.1 i vii ..l . 12 1 , l & --,. ., .<,s, • 1W 1 - I tii I 1 . :. 1 • - _K a . . 1 .. CITY OF MIAMI BEACH/D. TURNER OCTOBER 16, 1980 Planting Guidelines for Miami Beach Drive The Planting along Miami Beach Drive must maintain a sense of continuity and consistency both as it occurs on Miami Beach Drive and its continuation along the future Beachfront Park. The fol?o-.aing. list of plant material has been subdivided to present: (1) Those materials which are highly recommended for inclusion as the common, unifying materials, (2) a suggested but not inclusive list of those materials which could be employed as variety. Bucida buceras shall be the most commonly used street tree, with Swietenia mahogoni as a 2nd choice. Palms and lush tropical plantings are encouraged to uphold the natural character of southern Florida's environment in the landscaped areas. 40% of the palms shall be derived from the unifying palm category. 50% of the shrubs shall be derived from the unifying shrubs category. 60% of the ground cover shall be derived from the unifying ground cover- ' category. ' PLANT ?.i., . i'.12< .I.. ;1 i .. ':Cif 1 .[VE • City of Miami Turnc!r October 7, 1980 PALMS - UNIFYING - Cocos Nucifera "Green Malayan" - 1st choice - Sabal palmetto - 2nd choice - VARIETY - Chamaerops humilis - Chrysalidocarpus lutescens - Paurotis wrightii - Phoenix canariensis _ - Phoenix roebelenni - Ptychosperma elegans - Rhapis excelsa - Roystonea elata - Trachycarpus fortunei Washingtonia robusta • TREES - UNIFYING . - Bucida buceras - 1st choice - Swietenia mahogoni - 2nd choice VARIETY - Brassia actinophylla - Callistemon spp. - Calophyllom inophyllum • - Citris spp. - Clusia rosea - Cocoloba unifera - Conocarpus erecta - Delonix regia - - Ficus attissima, benjamina, elastica, lyrata - Mangitera indica - Pongamia pinnata • • - Quercus spp. • - Tabebuia argentea, pallida SHRUBS - - UNIFYING - Carissa spp. - 1st choice - Jasminum spp. - 3rd choice - Philodendron selloum - 2nd choice VARIETY - Azalea spp. - Cortaderia selloana - Crinum spp. - Dracena spp. - Gardenia jasminoides - Hibiscus rosa sinensis - Ixora coccinea spp. - Ligustrum lucidum - Honstera deliciosa - Murraya paniculata - Nerium oleander - Pittosporum tobira - Podocarpus macrophylla - Raphiolepis indica - Scaevola frutescens GROUND - UNIFYING - Asparagus sprengerii - 1st choice COVERS - Wedelia trilobata - 2nd choice - VARIETY - Carissa spp_. - Hemercallis spp. • - Lirope muscari - Philodendron spp. - Spathiphyllum spp. - Vinca spp. QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this /° day of ,DL , 1980, by TOMCA INVESTMENTS, N.V. , a Netherlands Antilles corpora- tion, first party to the CITY OF MIAMI BEACH, whose post office address is 1700 Convention Center Drive, Miami Beach, Florida, a second party (wherever used herein the terms "first party" and "second party" shall include singular. and plural, heirs, legal representatives, and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires ) . WITNESSETH, that the said first party, for and in consideration of the sum of $10 . 00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release 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 real property described in Exhibit "A" attached hereto and incorporated herein by reference ( "Property" ) which Property is lying and being in the County of Dade, State of Florida, subject to the reservations and restric- tions contained herein. The Grantor reserves and excepts from the Property described in Exhibit "A" that portion of said Property containing the bulkhead or seawall adjacent and continguous to Lake Pancoast ( "Reserved Property" ) . In those areas of the Property adjacent and contiguous to Lake Pancoast not presently bulkheaded or containing a seawall, Grantor reserves and excepts from the Property a one foot strip thereof directly adjacent and contig- uous to Lake Pancoast (as measured perpendicular to or radial to the westerly boundary of such property) and said property shall be considered as part of the Reserved Property noted above. This reservation shall be in favor of the Grantor, its successors and assigns, which may include assigns who purchase a condominium unit which might be constructed on any portion of the real prop- erty described in Exhibit "B" attached hereto and incorporated herein by reference. The Grantor further reserves to itself and all of the aforementioned parties a perpetual non-exclusive reservation of all of the riparian and littoral, rights appurten- ant to the Reserved Property. Grantor recognizes and agrees that at some time in the future Grantee may require the use of a reasonable portion of said bulkhead or seawall or other portions of the Reserved Prop- erty for public marine related purposes. Grantor agrees to accommodate such a request by Grantee to the fullest extent reasonably possible without unreasonable interference with rights of others to said seawall existing at the time of said request. The parties will mutually agree upon a suitable location for said facilities for City use. By acceptance of this Quit-Claim Deed the Grantee herewith agrees, on behalf of itself, its successors and assigns, to refrain from erecting any fences or walls on the Property conveyed hereunder and Grantee further agrees not to construct or place any structure or buildings on said property that would obstruct free and clear access of Grantor, its successors and assigns . Grantor recognizes and agrees that Grantee may con- struct and install structures that are conducive to the zoning classification of the property (MD-1 ) such as benches, bicycle rests, sidewalks or access to water taxi stops on other City owned properties, but said installations or structures shall not unreasonably restrict Grantors access to and through the prop- erty. The Grantor herewith reserves a perpetual easement for itself, its successors and assigns over and across any portion of Exhibit 2 SPARBER, SHEVIN, ROSEN, SHAPO& HEILBRONNER PROFESSIONAL ASSOCIATION 30th FLOOR, AMERIFIRST BUILDING. MIAMI, FLORIDA 33131 the Property in order to have access to the Reserved Property, which easement shall perpetually run with the land, and shall grant the parties benefitted by the easement the right of ingress and egress to the Reserved Property and shall further grant said parties the right to maintain and install additional bulkhead or seawall, lighting fixtures, utility lines under the Property for purposes directly related to the intended use of the Reserved Property so long as the Property is .restored to its original conditionland permitted signs on said Property. Grantor, on behalf of itself, its successors and as- signs, does hereby agree to maintain the existing seawall or bulkhead presently on the subject property at its own costs and expense in substantially its present condition. In the event, however, Grantee utilizes any portion thereof for marine or other related purposes, the Grantee shall be responsible for seawall or bulkhead maintenance of the part thereof. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever 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 WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered TOMCA INVESTMENTS, N.V. 7 /i n hePresen nof: . .t. 7 STATE OF FLORIDA SS. : COUNTY OF DADE ) I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State of Florida and in the County aforesaid to take acknowledgements, personally appeared -3"'66- i ` , E{ t/1NA/✓:k li as '" �<' . TNS r.i rrEwTr/ /s/ ii a Netherlands Antilles corporation, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before that he executed the same on behalf of said corporation. WITNESS my hand and official seal i the County and State last aforesaid this / c day of 1980. My Commission Expires: ( ., - ;LARK NOTARY PUBLIC STA-E OF FLORIDA Al LARGE. NOT• -Y P : - C MY CO'rMISiIC;J E:\.I1:ES JULY 30 1984 I BONDED THRU GENER..L INS, UNDERWRITERS -2- SPARBER, SHEVIN. ROSEN. SHAPO & HEILBRONNER PROFESSIONAL ASSOCIATION 30th FLOOR, AMERIFIRST BUILDING MIAMI, FLORIDA 33131 • EXHIBIT "A" The outlots on the western side of Collins Avenue lying between the wes- terly extension of the North boundary of Lot 5 in Block 4 and the South Boundary of Lot 4 in Block 4 of the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY according to the Plat thereof recorded in Plat Book 5 at Pages 7 and 8, of the Public Records of Dade County, Florida SPARBER, SHEVIN. ROSEN. SHAPO& HEILBRONNER PROFESSIONAL ASSOCIATION 30th FLOOR. AMERIFIRST BUILDING, MIAMI. FLORIDA 33131 EXHIBIT "B" Lots 4 and 5 in Block 4 of the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY according to the Plat thereof recorded in Plat Book 5 at Page 7 and 8, of the Public Records of Dade County, Florida. SPARBER,SHEVIN, ROSEN. SHAPO& HEILBRONNER PROFESSIONAL ASSOCIATION 30th FLOOR, AMERIFIRST BUILDING. MIAMI. FLORIDA 33131 ONIINA8 RESOLUTION NO. 80-16497 (Authorizing the Mayor and the City Clerk to execute a Deed of a certain portion of Collins Ave. originally dedicated adkacent 051 to the east boundaries of lots 4 & 5, Block 4, amended plat of Miami Beach Improvement • Company's Ocean Front Property subdivision; N accepting a portion of the outlots adjoin- ing Collins Ave. lying west of the westerly right-of-way line of the property of the Miami Beach Improvement Company) 141 \I\