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RESOLUTION 89-19548 RESOLUTION NO. 89-19548 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT BY QUIT-CLAIM DEED OF A PORTION OF A CITY RIGHT-OF-WAY EASEMENT WEST OF LOT 45 OF THE CORRECTED PLAT OF STAR ISLAND AS RECORDED IN PLAT BOOK 31, PAGE 60 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID PORTION BEING THE NORTH 559.40 SQUARE FEET OF THAT AREA DESCRIBED IN THE REVOCABLE PERMIT RECORDED IN OFFICIAL RECORDS BOOK 11256, PAGE 1871, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF THE QUIT-CLAIM DEED BY THE MAYOR AND CITY CLERK CONVEYING THE PROPERTY TO THE ADJOINING LAND OWNER; AND PROVIDING FOR THE RESERVATION OF FULL UTILITY EASEMENTS THEREIN. WHEREAS, on October 15, 1981, the City of Miami Beach, Florida granted a Revocable Permit to Florida Servicing and Management Corp. (owner of Lot 45, Star Island) , authorizing the placement of a fence, connecting wall and landscaping on a portion of the City right-of-way easement abutting said lot; the Revocable Permit was recorded in Official Records Book 11256, Page 1871; and WHEREAS, on August 23 , 1988 , the City of Miami Beach, Florida gave notice of cancellation and termination of the Revocable Permit recorded on October 30, 1981, in Official Records Book 11256, Page 1871, of the Public Records of Dade County, Florida pursuant to Article VII of said Revocable Permit; and WHEREAS, the cancellation and termination of the Revocable Permit was necessary to clear the right-of-way to enable the State of Florida to commence construction of the new Star Island bridge and bridge road; and WHEREAS, the State of Florida needs only a portion of the area contained in the Revocable Permit area to complete the construction of the Star Island bridge and bridge road, said portion hereinafter described as Parcel 101 as depicted on the survey attached hereto; and WHEREAS, neither the State of Florida or the City have any need for the portion of the right-of-way hereinafter described as Parcel 102 as depicted on the survey attached hereto; and 1 WHEREAS, Parcel 102 has been abandoned by the public; and WHEREAS, the vacation of Parcel 102 is deemed to be in the best interest of the City of Miami Beach and its citizens; and WHEREAS, the Public Services Department recommends that the City retain a full utility easement within Parcel 102 ; and WHEREAS, the vacation of the right-of-way (Parcel 102) shall be evidenced by the execution of a Quit-Claim deed. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach, Florida, does hereby surrender, vacate and disclaim all of its right, title and interest in portion of the City's right-of-way easement west of Lot 45 of the corrected Plat of Star Island as recorded in Plat Book 31, Page 60, o f the Public Records of Dade County, Florida, said portion being the north 559 . 40 square feet (Parcel 102) of that area described in the Revocable Permit recorded in Official Records Book 11256, Page 1871 of the Public Records of Dade County, Florida except insofar as the City reserves in said parcel full utility easements for the installation, maintenance and repair of all utilities, public or private, and the Mayor and City Clerk are hereby authorized to execute a Quit-Claim Deed to said parcel to the owner of Lot 45, Star Island. PASSED and ADOPTED this 1st day of March , 1989 . MAYOR Attest: FORM APPROVED 4 r'� LEGAL DEPT. City Clerk B Y Date 2 2 JLM/bcg 2/1/89 ref. A: \StarIsl .RES 2 ecel Neame Fear% 0 R I D A 3 3 1 3 9 ,mfr s\ti/ i r •, // *tINCORP ORATED* VA CA TI(SNL,4 NL) U. S. A. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. ;. M March 1, 1989 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Rob W. Parkins ,r'" / City Manager . SUBJECT: ABANDONMENT OF REVOCABLE PERMIT AND ISSUANCE OF QUIT- CLAIM DEED FOR A PORTION OF A CITY RIGHT-OF-WAY EASEMENT WEST OF LOT 45 STAR ISLAND The State of Florida and the City of Miami Beach came to an agreement on the amount of property required to construct a new bridge to Star Island. The City had a Revocable Permit with the owners of Lot 45 on Star Island. Some of the property that was required by the State involved cancellation and termination of said Revocable Permit. The owner had a wrought iron fence and ficus hedge upon said land. In working with the owner and the State, the City worked an agreement where the owner would vacate a portion of the area needed by the State. The City would Quit-Claim a small portion not needed by State, or City, back to the owner. The City would retain a utility easement over said area. ADMINISTRATIVE RECOMMENDATION: The Administration recommends that the City Commission authorize the adoption of the attached Resolution authorizing the Mayor and City Clerk to sign the Quit-Claim Deed with the reservation of easement. RW P/RLR/mlw 10 AGENDA 0 _ -3) ITEM DATE - 99 CITY OF MIAMI BEACH To: Elaine M. Baker City Clerk 9/ From: Patrick N. Brown First Assistant City Attorney Date: October 9, 1990 Subject: Quit Claim Deed near the Star Island Bridge As you requested, enclosed please find a copy of the recorded Quit Claim Deed and Reservation of Easement for a portion of the Star Island Bridge Road which was recorded in the Public Records of Dade County on March 2 , 1989 . PNB: lm Encl. yORIGINAL 90. RECORDED 3/29/89 89R 708665, Off Record Boo{` 1050? 699--701 - QUIT—CLAIM DEED AND RESERVATION OF EASEMENT THIS QUIT—CLAIM DEED AND RESERVATION OF EASEMENT, executed this 2nd day of March, 1989, by the CITY OF MIAMI BEACH, a Florida municipal corporation, in Dade County, State of Florida, (Grantor) to FLORIDA SERVICING AND MANAGEMENT CORP. , a Florida corporation, whose post office address is 1110 Brickell Avenue, Miami, Florida 33131, (Grantee) : WITNESSET H: That the said first party, for and in consideration of the sum of Ten and 00/100 ($10. 00) Dollars in hand paid by the said second party, the receipt of which is hereby acknowledged, does hereby remise, release and quit-claim unto the party of the second party forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit: A part of BRIDGE ROAD as shown on the CORRECTED PLAT STAR ISLAND as recorded in Plat Book 31 at Page 60, of the Public Records of Dade County, Florida; being more particularly described as follows: Commence at the intersection of the Northeasterly extension of the Easterly line of Bridge Road and the Westerly extension of the Southerly line of East Drive of said CORRECTED PLAT STAR ISLAND; thence S23 59 ' 55"W, along the Easterly Right-of-Way line of said BRIDGE ROAD, for 10. 995 feet; thence run along the Westerly line of PARCEL 1, as described in that certain QUIT CLAIM DEED AND RESERVATION OF EASEMENT recorded in Official Records Book 11256 at Page 1866 of the Public Records of Dade County, Florida, S26 48 '26"W, for 24 . 95 feet to the POINT OF BEGINNING; thence continue along the Westerly line of said PARCEL 1, S26 48 ' 26"W, for 101. 63 feet; thence N63 05 ' 31"W, for 7 . 13 feet; thence N23 01 ' 22"E, for 7. 19 feet; thence N29 28 ' 19"E, for 92 . 51 feet; thence N82 07 ' 22"E, for 4 . 01 feet to the POINT OF BEGINNING; Containing 559 . 40 square feet or 0. 0128 acres, more or less. (Described as Parcel 102 on the survey attached hereto as Exhibit A and by reference thereto incorporated herein. ) This conveyance is made subject to any and all existing rights-of-way, easements and covenants and agreements affecting the above-described premises, whether or not the same now appear of record. 1 RESERVING unto the Grantor herein, its successors or assigns, an underground easement or easements for any and all existing or future public utilities, such as water, sewer and telephone. It being understood that in the exercise of its right to use said easements, Grantor shall not be liable for restoration of the land to the landscaped state it was in prior to the exercise of such right. There are excepted from this conveyance and reserved to the Grantor, and its assigns, all oil, gas, and other minerals in, under and upon the lands herein conveyed, together with the rights to enter upon the land for the purpose of mining and removing the same. 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 Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: CITY OF MIAMI BEACH / /114gkj7 rare a By: Witness - X DAOUP , MAYOR ATTEST: -:=44.-.-4-e 45 71// 67$41) Witness CITY CLERK • FORM APPROVED STATE OF FLORIDA) LEGAL DEPT. ) ss COUNTY OF DADE ) I HEREBY CERTIFY that on this day, befor me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Alex Daoud and Elaine M. Baker, the Mayor and the City Clerk of the City Commission of the City of Miami Beach, Dade County, Florida, 2 known to me to be the persons described in and who executed the foregoing Quit Claim Deed, and they acknowledged before me that they executed the same, on behalf of and as authorized signatories of the City of Miami Beach, Dade County, Florida. WITNESS my hand and official seal in the County and State last aforesaid, this 2nd day of March , 1989. My Commission Expires: /CL tiv ( F/f 7,2 42C NOTARY PUBLIC, State of Florida at Large Prepared by: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7470 REF: 16\FLASERV.DED JLM/rlw 2/22/89 3 % A`O :„ �o la -. NI otic :(41) 0 N N ti .p Q► v :6: 6 ii O � (9 a .0 z 41 CIO cl m -,Q. Q--1' (9 t2:1/ 4' 1° Q.7 C.) . Lt.,6 ..;. 8 tri co 01 ' 0 — 47 4 yr 0 ' o Cr0 1, t n L 4 t.) N 0 0 j/fie J J a0 c� • LEGAL DESCRIPTION OF A PART OF BRIDGE ROAD A CENT 1O AND CONTIGUOUS "o THE WESTERLY LINE OF LOT 45 AS SAID LOT 45 AND BRIDGE ROAD ARE SHOWN ON THE CORRECTED PLAT OF STAR ISLAND, RECORDED IN PIAT BOOK 31 AT PAGE 60 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID PART OF BRIDGE ROAD TO BE ^- -- KNOWN AS PARCEL 1 AND DESCRIBED AS FOLLOWS: lit LAY N t --- 1-&-Y Commence at the Northwesterly corner of Lot 41 of said Star Island Subd;visio Q -,. on the Easterly Line of East Drive , said Northwester) corner of LA 41 t•13 1O° 1O0 being the Point of Curvature (P.C.) of a Circular Curve concave Northerly and having a Radius of 100.00 feet; Thence run Southwesterly alone the 41414kil -'43, 4 Southerly line of East Drive, through a Central Angle of 105° 31' 20•. a --\ ,,. ,� distance of 181.11 feet to a point on the extension Northeasterly of the '� Easterly Line of Bridge Road, said Easterly line of Bridge Road also being •.11r ��.� °e' \� \•\ .�,� Z 3 b the Westerly line of said Lot 45, as said Bridge Road and Lot 45 are shown p on the above referenced Record Plat; Thence run S. 30° 00' 00' W. on IR • a I 6 Assumed Bearing along the extension Northerly of the common boundary between la,, •��������� �� V I C NIT 1 S K ETC H - a. f said Bridge Road and Lot 45, d distance of 10.995 feet to the Point of ��.<<< '•f. >, Beginning�(P.O.B.) of said Parcel 1, described as follows. Thence continue "t ab• a'��'* C� S. 30 00 00 W. alongthe common boundarybetween Bride Road and the -,,, � SG�.LE 1�� 201(7' T� u Westerly line of lot 45 a distance of 391556 f 9 w h eat to the Southwesterly • \ ,f WCST 1�R. M corner of said Lot 45; Thence run Westerly along the Arc of a Circular Curve p.TFr �� ► having a Radius of 500.00 feet and being concave Northwesterly, along the 4•� %off • 3 -�., •�� \ Southerly line of Bridge Road, through a Central Angle of 00° 34' [2.65` a _ ,rr, _ ce PO.O distance of S.UO feet• ° » �4 .� , Thence run N. [8 28 [8.3) E., a distance of 1/8.012 :'� �� `� �? 'r ^- !PP° ...CA.,- �� feet; Thence run N. 32° 48' 31.05" E., a distance of 204.081 feet to the • e� :-'4Z-e,,,(7.......„.,,,,, „,..:., (' • �� -\ Point of Beginning (P.u.d.). tires described contains 2425 square feet, w.or or � \i. �� \� k• less, or 0. 56 acres, more or Less. �7, ,•\, ���` ` *'`•�c' \�\ ' 172:1121 L p PARCEL NU. 2, A PART OF THE SOUTHERLY ONE hAIF 1/2 OF BRlU6E ROAD AS SAID . � -ti '• •• E "l ...:N + o BRIDGE ROAD IS SHOWN ON THE CORRECTED PIAT OF STAR ISLAND SUBDIVISION, 'I,► �'9• M•a ,J� SAA • 4.\ ` RECORDED IN PLAT BOOK 31 AT PAGE 60 OF THE PUBLIC RECORDS OF DADE COUNTY, `• '' `ti�!•�•' 1R^ �• \ �'q �G 39 38 FLORIDA. PARCEL N0. 2'S EASTERLY LINE BEING CON116UOS WITH THE WESTERLY LINE i S`� �� ��/' ti ,`,-\ \\ �� �� �. I1 OF PARCEL NO. 1. JESCRiBED ABOVE. `S/ %/4:. / NOP'?" , �..F,e-'�+� �� •��/ Commence at the Northwesterly corner of Lot 41 of above referenced Star r••�w^a r9� \ 'l� \ . Island Subdivision, on the Easterly line of East Drive, said Northwesterly 24. ;. 3.�, > 13!MA \ s corner of Lot 41 being the Point of Curvature (P.C.) of a Circular Curve ir•C,,, . �.v \ S 4,.*-_,,,,„, • /1/44,7%. -„'�*L�1�_ " god concave Northerly and having a Radius of 100.00 feet; Thence run Southwester) ro•e�• 41''',, r •� ��► Z �� ` e�'�ti \�� � 4 � >DitGAYr.IE.-.. �I.Y along the Southerly line of East Drive, along the Arc of said Curve, through CO ►;'• • (�s a Central Angle of 105 31' [0'. a distance of 184.17 feet to a point on the ���,.�, - extension Northeasterly of the common boundary line of Bridge Road and lot 45 1 ,�1%*„,„.. y���� • ; �'•� \ ', �� r1ta0 us both are shown on the above referenced Record Plat, a distance of 10.995 r ►^ vy�Co•,L ` f9ti feet on an Assumed Bearing of S. 30° 00' 00' W.; Thence rda 1.32°48' 31.05. 4%%Y .-,,'`.*.e �' •` \ along the Westerly line of Parcel No. 1, a distance of 24.95 feet to the ai, - e kF • Nk Point of Beginning (F.O.B.) of Parcel No. 2 described as follows: Thence •►�4001.,..;:-(- e, \\ el continue along the last mentioned course, along the dividing line between �}. lco�,•� �� fAParcel No. 1 and Parcel No. 2, a distance of 179.13 feet, Thence run 4,, - �{, �r q ` S. [8° 28' 28.37" W. along said dividing line, a distance of 188.012 feet to Z_�Y GRs, �'�.�` Rj� F • �\ �.y/1`_ 1 J the Southerly line of said Bridge Road; Thence run Northwesterly along the (,, AV.. ¢ ` ,` u' /`..rG ((........��.. Arc of a Circular Curve, along the Southerly line of Bridge Road, through a U Q `� �> y .. -• �4� j"7 Central Angle of 00° 34' 22.65', a distance of 5.00 feet; Thence run �'{ N. 441110(0.40,44.,,,,,„ r"'�'` ' \* '\ N. 29° 23' 17.5' E., a distance of 187.67 feet; Thence run N. 29' 01' 77• E., ia' elk"... f '� L� a distance of 84.73 feet; Thence run N. 35° 28' [4' E.. a distanr_of 92.51 T feet to the Northwesterly corner of a 0.70 foot wide C.B.S. wall; Thence run N. 88° 07' 27' E. along the Northerly face of said wall, a distance of 4.00 d id J ;`•.• . " ,� ` • feet to the Point of Beginning (P.O.B.) of Parcel No. 2. Parcel No, c U ?p p, �` rV�;, ," \\\�O �� contains 1569 square feet, wore or less or 0.U36 acres, more or less. la r ..... .2*--. A/'!'�` ��a'A 9 9r. • SURVEYORS CERTIFICATE: WE HEREBY CERTIFY that the 'Sketch of Survey' shown hereon of the above described Parcel No. 2 is true and correct to the be:t of CO \ T A _ ie. . ''-'4,6, our knowledge and belief, as recently surveyed under our directio:., Also 1'57`^ + ,� O I�'�'! G.ss.� i1�,+4,►� -� J ��\ \ visible encroachments into Bridge Road have been indicated. r oar:;�� �% '' mo'`'o, o�''�i 1� w •���� `� f7 C �� _ + Zurwelle-Whittaker, Inc. By: +rel''= �cc James D. reeves. President (P' ,q Q,C S to b 7`L fame. /ate P.L.S. No. [194. Florida • w t ¢• 4, 1.-_..„°,,..., ad. F,� ��'C� '4 �''ss ..... � ,,,,..:44.7i;`,.::.:44, � a \�C • \,, NOTES: C., 0� ;per \` � 4• \ 1- The pipes shown hereon have a P.L.S. plug No. 1191 inserted in the Y �. ti to of each. o P d� �- C'�•. l �� • ` [- The North Arrow and Bearings shown are referenced to an Assumed ileridlan. "✓+�sF`C �p •t• r�/. • ? • \ `ryr A c/Til 7T PECO CA rs O - B i8 BB gik • IP LOT 45 '�C�,' ��r `\ •�• :, . , 0, -4/EdSTERLY L INE LoT 45 o M• 3 `• ,,',.C.:,?,� I PP.3.31 ra,• ip 'P 1 i.IFI G. 1 N ?HoPEj�"1"1/ 4i ap` � ) �d.T.. L-OGr O.TBLY u.41. AZ141 , '`.,‘4' N1/411 ,4;.":„. , c -lir, • 4*-'4! ott'‘.• aid c>•!•wsu ��iPQ��, �� PI•E rNAiW 1..INK F =. • 1RTuR►.1*ALA_(Ncw --------__x x- �loc�c vier. kr A 7• ,- _ a` I 1�10TE ' x �+ Z�' �_--__._, L\ 1 U1-tL6T.ES t_OGAT"ED S>t%D.LE ao& QI nk Ii FVRl.lis D Y iT-!of Mia. `+ °fes. x :'°: .co►t.��e .8•14::r e, I z 7 1 MN H E G M 6 E31G t. �• ft o z 44 0 nit,;,. v yr 406.634. To FADE. OF' Is.H 1111111.10r,_ G- 053000, f 7r'� (Pa.., e.irr a71r MI/i...z� ►4 �• 401.634.63(� 'PIPE To ram r:i< til_ •. __, _ �� Q ss I ____-%UNWELL E WHiT Til KER,INC 7.4 • •V COOJWETING BJiGuo ,010 asow'/OaTs r r+re 60'f NfMK4t4 R Pk...,Tr�ACN,FLA TOTAL A a IOri.-Ili Cta- I OAT& T' SCALE - Mesoo ON calicos,s,ey LG:e4V..N1-> - a All•ioo.00 ( I-1 d-130 1"•I L' NR. ? a. R., -- aT:Aorat we ■4.4 1.1.441Eor swats so. • - t _ _- _ -a n.o ieA'rWIG 1.,6.04.41.,6.04.4111.1101-41.C4-BGC=B+iCtocfr rEi_RT:I.Dils3_P1sD11.1T_ f!'Lh�MS I DE3ct�►f10N . Z-'i-d0 AS TO VT.i`M11-4 V• 7 -6 l-., 'o S► / E►JC�pI..CpAb 5 'S T1iirdT or 1e, i P. To lmuT,ES ►+ ....LT f kl•w•coc.L.'s,1 - ! t-n�+a>< Vgs' 8- 8 8 �,.Lcs,1 ismr,iio Imucerr tart VA ORIGINAL RESOLUTION NO.89-19548 Authorizing the abandonment by quit-claim deed of a portion of a city right-of-way easement west of lot 45 of the corrected plat of Star Island as recorded in plat book 31, page 60 of the public records of Dade County, Florida, said portion being the north 599.40 square feet of that area described in the revocable permit recorded in official records book 11256, page 1871, of the public records of Dade County, Florida; authorizing the execution of the quit-claim deed by the Mayor and City Clerk conveying the property to the adjoining land owner; and providing for the reserva- tion of full utility easements therein.