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RESOLUTION 92-20578 • RESOLUTION NO. 92-20578 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF THAT PORTION OF THE PUBLIC RIGHT-OF-WAY FORMERLY KNOWN AS DREXEL AVENUE LOCATED BETWEEN TENTH AND ELEVENTH STREETS ALONG THE WEST SIDE OF WASHINGTON AVENUE, AUTHORIZING EXECUTION AND DELIVERY OF A QUIT-CLAIM DEED TO SAID ABANDONED REAL PROPERTY TO THE ADJOINING PROPERTY OWNER OF LOTS 1 THROUGH 6, AND PROVIDING FOR A RESERVATION OF A TRANSIT STOP EASEMENT. WHEREAS, The Plat of Ocean Beach Addition No. 3 was approved and recorded in Plat Book 2, Page 81 of the Public Records of Dade County, Florida; and WHEREAS, The City Commission, pursuant to Resolution No. 83- 17574 , adopted on December 7 , 1983 , vacated that portion of Drexel Avenue lying between Eleventh and Twelfth Streets; and WHEREAS, lying in said plat is the public right-of-way known as that portion of Drexel Avenue located between Tenth and Eleventh Streets along the west side of Washington Avenue, the legal description of which is set forth on Exhibit "A" attached hereto; and WHEREAS, the Miami Beach City Commission has provided notice of these vacation proceedings to the public; and WHEREAS, the Miami Beach City Commission has held a public hearing to determine whether vacation of the above-referenced right-of-way would be in the best interest of the general public welfare; and WHEREAS, the Miami Beach City Commission has made the following determinations: 1. The right-of-way known as Drexel Avenue located between Tenth and Eleventh Streets along the west side of Washington Avenue is part of the City of Miami Beach street and sidewalk system, and as such, the City of Miami Beach holds this property in trust for the benefit of the public. 2 . The City of Miami Beach Commission, is duly vested with the authority to vacate the above-referenced right-of-way. 3 . The vacation and discontinuance of that portion of Drexel Avenue located between Tenth and Eleventh Streets along the west side of Washington Avenue, subject to the reservation of a 6 ' x 260 ' transit stop easement, is found to be in the best interest of the general public welfare. 4 . The vacation and discontinuance of that portion of Drexel Avenue located between Tenth and Eleventh Streets along the west side of Washington Avenue, subject to the reservation of a 6 ' x 260 ' transit stop easement, is found not to be for the benefit of a purely private interest. 5. The Public Works Department of the City of Miami Beach recommends that the City retain a 6 ' x 260 ' transit stop easement. WHEREAS, after due consideration of all of the facts and circumstances, the City Commission of the City of Miami Beach finds it to be in the best interest of the general public welfare to vacate, and disclaim any and all of the public ' s right, title and interest in and to that portion of Drexel Avenue located between Tenth and Eleventh Streets along the west side of Washington Avenue, the legal description of which is set forth on Exhibit "A" attached hereto, subject to the reservation of a 6 ' x 260 ' transit stop easement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach does hereby vacate and disclaim all of the public' s right, title and interest in and to that portion of Drexel Avenue located between Tenth and Eleventh Streets along the west side of Washington Avenue, the legal description of which is attached hereto as Exhibit "A" , subject to a 6 ' x 260 ' easement for a transit stop which is shown thereon, and the Mayor and City Clerk are hereby authorized to execute and deliver a quit claim deed in favor of the abutting owner for that portion of the right-of-way abutting lots 1 through 6. PASSED and ADOPTED this 2nd day of Septem•z r , 1992 . MAYOR ATTEST � r--3 FORM APPPOVED CITY CLERK LEGAL DEr)T. a:\res ord\drexel.res Date g/2 2 • This instrument prepared by: Patrick N. Brown First Assistant City Attorney Transactions City of Miami Beach Miami Beach, FL 33139 (Space reserved for Clerk of Court) Property Appraiser's Parcel Identification No. QUITCLAIM DEED THIS QUITCLAIM DEED, Made this 10th day of September , 1992 , between the City of Miami Beach, a Municipal Corporation in Dade County, Florida, whose United States Taxpayer Identification Number is 71-6000372 , hereinafter called "Grantor" , and MAJESTIC CO. , a New Jersey Partnership whose Taxpayer Identification Number is , and whose post office address is 1024 Washington Avenue, Miami Beach, Florida 33139, hereinafter called "Grantee" . WITNESSETH, That the said Grantor, for and in consideration of the sum of $10. 00 and other good and valuable considerations, in hand paid by said Grantee, to said Grantor, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim to said Grantee, and Grantee's heirs and assigns forever, all of the right, title, interest, claim and demand which said Grantor has in and to the following described land, situate, lying and being in the County of Dade, State of Florida, to wit: See Exhibit A attached hereto and by reference made a part hereof. Subject, however, to reservation in Grantor of a 6 foot and 260 foot transit stop easement along Washington Avenue as shown on Exhibit A attached hereto. This deed is intended to convey and perfect title to the portion of said right-of-way described herein, in and to the Grantee, pursuant to Resolution No. 92-20578, duly passed and adopted by the City Commission of the City of Miami Beach, Florida, on September 2 , 1992 , in which the City of Miami Beach, Florida, in which the City of Miami Beach, Florida, surrendered all of its right, title, and interest in and to that portion of the public right of way formerly known as Drexel Avenue located between Tenth and Eleventh Streets abutting Lots 1 through 6, of Block 36 of Ocean Beach Addition No. 3, according to the Plat thereof, recorded Plat Book 2, at Page 81, of the Public Records of Dade County, Florida, described herein. • , • • • IN WITNESS WHEREOF, the said Grantor has caused thisuitclaim Deed to be signed byits dulyQ authorized officer, the Mayor of the City ity of Miami Beach, and attested by the City Clerk, and has caused its official seal to be affixed hereto, September this 10th day of P , 1992 . SIGNED SEALED & DELIVERED CITY OF IAMI BEACH, a munic' IN id/PRESENCE OF: , . 1pal corpor. 1 ion in 4iNade County, Florid.. \ Ciftit-m-e" Ovr-3-Le IL", By: .t Sign MAY0 ' Alhiite.Wee. "72-iti‘e)e.v ATTE4..T: Print "...I-6 CA,\C‘,J E , trnerv,"---- 4 , - --- , - Aii/61,1,,,i1 CITY CLERK cilloiciz_ Sign _ FORM _ ____ , J fj ;,A LE L DEPT. Print By STATE OF FLORIDA) ss: Date 9 y 9 COUNTY OF DADE ) The foregoing instrument was acknowledged beforer �c g me this /'C' day of St)p t e".,6 , , 1992 , by SEYMOUR GELBER and RICHARD E. BROWN as Mayor and City Clerk, respectively, of the City of Miami Beach, a municipal corporation in Dade County, Florida. Saidpersons are re personally known to me, or have produced (specifyt e of identification, i.e. , type driver's license and number, state of issue, etc. ) and who did take an oath, or V did not take an oath. WITNESS my hand and official seal, at the County and State aforesaid, on the day and year aforesaid: NOTARY PUBLIC - , -, SEAL OF OFFICE: J',f k `� ti'U 4-4a-- -i NOTARY PUBLIC, STATE OF FLORIDA D, 'd ,k L .1(f/i-0,,1-s-, ' (NAME OF NOTARY PUBLIC; PRINT, STAMP, OR TYPE AS COMMISSIONED, WITH SERIAL NO. ) C:\AGREEMENTS\QUITCLAIM.WAS h'OT' Y ,r *r r;:11"-7 ',j: _ �.•.... BOOCD D (Iji;U G idt:t; L I . U4D. , i , . • .31...0C.1‹ 3G ! k____ i i s R/W-� li ._ I - -x5 -4 Z ( Z. 1 � �� EMS' OHS of 6Loc�c 36 l I 34g.• Dolt. 111 •O o7 . HoLt LU , 1u. 12'43,30" •FjOCC • 1' -O � - ��H�NcToN T LAgt,,,,� ?- t� �' Ate, 2 �0_` �9, �- _ i S V/A -- r HINc N 4 ilotE L. AVENUE ---------___ LEGAL DESCRIPTION S TC OF L�OLSt`1 `C SU'��l��e Commence at the Northeast corner of Lot 1, Block 36, OCEAN BEACH, �----- 'FLA. ADDITION NO. 3, as recorded in Plat Book 2 at Page 81 of the l-E _4 Public Records of Dade County, Florida, said Ypoint being the POINT OF BEGINNING; thence run Easterly, along the South Right-of-Way line of 11th Street for a distance of 78.80 feet to the point of -D>�'SC�tlPT10N FOR TKA�RtA�JGULA� PIECE. BAST o� LOT Z intersection with the Westerly Right-of-Way line of Washington Avenue; thence run Southerly along the Westerly Right-of-Way line Commence at thQ Northeost corner a Lot 7, Block 36, of Washington Avenue for a distance of 357.75 feet to the point of DC i t5tn4 FLIM. ADDITION N°3,05 reccrded in Plot intersection with the Easterly line of the above mentioned Block Book 2,of_Page 8L Public Records ol^ Dade County,Floc,do; 36; thence run Northerly, along the Easterly line of said Block 36 thence run �o5l:erly, alone Ehe e�crerton o� the l�ot�h lire o� for a distance of 349.04 feet to the POINT OF BEGINNING; Said lands located, lying and being in the City of Miami Beach, Florida ;So'd Lot 7 for a dtstronce off' 1t•07 feet to the point of inter- and containing 13,752.400 square feet (more or less) or 0.3157 section with the Viet R ht-of-Leroy line of Vicf htngton acres (more or less). ANicnue. thence run Sou E erly, alone the Vest R4 ht-of-VVay LE55 1 that portion or the above described property ty 1y i n south line of Viash i n tori �,Yenue a dts�nce o �a�o � Co Ehe pe g`3corF ac' the Easterly extension off' the North line of Lot 7 of said Block 36. point of intersect►on with he Caster-1y line of the above . mentioned tblock 36; thence run tiortherly,alons the osterly line of 13kock 56 For a distance oc 49.04 IeeE I HEREBY CERTIFY: That the attached SKETCH OF BOUNDARY SURVEY of to the point of commence. the above described property is true and correct to the best of my knowledge and belief as recently surveyed and platted under my direction. This survey meets the Minimum Technical Standards set by the FLORIDA BOARD OF LAND SURVEYORS as set forth in Chapter 472.027 (F.S.) and Chapter 21 HH 6 of Florida Administrative Code. Dated this 30th day of November, 1990. EXHIBIT "A" City of Miami Beach / By: /.,'_./,4-i�//_ • . . Va;.as •ity Su eyor Rea. No. 2916 CITY CSF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. c-n7C12,, TO: Mayor Seymour Gelber and DATE: Sept. 2, 1992 Members of the City Commission FROM: Roger M. Carlig jtitd City Manager SUBJECT: VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS DREXEL AVENUE LOCATED BETWEEN 10TH STREET AND 11TH STREET AND ALONG THE WEST SIDE OF WASHINGTON AVENUE ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission authorize vacating the triangular parcel of land lying west of Washington Avenue between 10th and 11th Streets and fronting Lots 1 through 7, Block 36, Ocean Beach Addition #3 Subdivision and Quit Claim in favor of the Majestic Company, the portion of the right-of-way east of Lots 1 through 6, Block 36, Ocean Beach Addition #3 Subdivision. BACKGROUND: The Majestic Company is the current owner of Lots 1 through 6, Block 36, Ocean Beach Addition #3 Subdivision, which front on the triangular portion of Drexel Avenue south of 11th Street and ending 50 feet north of 10th Street and currently used primarily as a sidewalk and landscaped area. The Majestic Company proposes to enhance the subject property and make the abutting properties more functional and accessible and would pay all costs of enhancement of the subject area, as well as a part of the municipal parking area located south of these lots at 10th Street. ANALYSIS: The Majestic Company will pay all costs related to the enhancement of the triangular tract and the municipal parking area and relocation of the Kramer Memorial to the Justice Center. and recording fees, as well as providing for a future 6 foot transit easement abutting Washington Avenue. City staff has reviewed the request and finds it acceptable. The Design Review/Historic Preservation Board granted approval to the project at its meeting of June 9, 1992. Written replies have been received from the utility companies concurring with the vacation. CONCLUSION: The vacating of the triangular landscaped and sidewalk tract south of 11th Sireet previously used as Drexel Avenue and fronting Lots 1 through 7, Block 36, Ocean Beach Addition #3 Subdivision should be approved with the Majestic Company paying all costs associated with vacating of the property and costs for all enhancement and provide for the 6 foot wide future transit easement and Quit Claim in favor of the Majestic Company, the portion of the right- of-way east of Lots 1 through 6, Block 36, Ocean Beach Addition #3 Subdivision. RMC/RAG/DR/b 119 Attachment AGENDA I TEM DATE 9 - 2 - T2 •. r-- `. - - - ---: ., - ---�-.._. ._-__-�-=mss®®� - __ .-. _ _._.. - - .s. -- _...... - - - - RESOLUTION Nn, 92-20578 • Approving the vacation of that portion of the public right-of-way fo.,:Terly known as Drexel Avenue located between Le tli and Eleventh Streets along the west side of Washington Avenue, authorizing execution and delivery of a quit-claim deed to said abandoned real property to the adjoining property owner of Lots 1 through 6, and providing for a reservation of a transit stop easement. 1 s •IC::: 1 • 4t04r1" 4C.:1111° 614:;i!!1. "• ir01°" 11111111110101.* jL