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95-21592 RESO RESOLUTION NO. 95-21592 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REQUEST BY ROYAL WORLD METROPOLITAN, INC. AND AUTHORIZING THE VACATION OF A UTILITY EASEMENT RUNNING ALONG THE REAR OF LOTS 6 THROUGH 13 AND 15 THROUGH 21 OF LYLE G. HALL SUBDIVISION, AS RECORDED IN PLAT BOOK 40, PAGE 5, TOGETHER WITH TRACT 2 OF THE BATH CLUB PROPERTY, AS RECORDED IN PLAT BOOK 40, PAGE 14, AND TOGETHER WITH LOT 17 OF RESUBDIVISIONS OF MIAMI BEACH BAY SHORE CO. 'S SECOND OCEAN FRONT SUBDIVISION, MIAMI BEACH, DADE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 28, PAGE 16, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 6000 COLLINS AVENUE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS TO EVIDENCE THE VACATION, SUBJECT TO CONDITIONS. WHEREAS, Royal World Metropolitan, Inc. (Owner) is the owner of the property located at 6000 Collins Avenue, Miami Beach, Florida, and legally described as Lots 6 through 13 and 15 through 21 of Lyle G. Hall Subdivision, as recorded in Plat Book 40, Page 5, together with Tract 2 of the Bath Club Property, as recorded in Plat Book 40, Page 14, and together with Lot 17 of Resubdivisions of Miami Beach Bay Shore Co.'s Second Ocean Front Subdivision, Miami Beach, Dade County, Florida, as recorded in Plat Book 28, Page 16, of the Public Records of Dade County, Florida (collectively, the Property), and has petitioned the City of Miami Beach to vacate a utility easement running North to South through the middle of the Property (the Easement), as more specifically shown in the attached Exhibit "A;" and WHEREAS, the Owner has provided the City's Public Works Department with satisfactory evidence that, with the exception of a City water line, there currently are no existing utility facilities being used within the Easement and that therefore there is no objection to the vacation of the Easement from any of thf' various utility concerns providing service throughout the City; and WHEREAS, the Owner has paid all costs to the City, to cut and cap an existing water line located within the Easement, and to install a new fire hydrant and related work therein; and WHEREAS, the Public Works Department recommends that the City vacate and discontinue the Easement; and WHEREAS, the vacation and abandonment of the Easement by the City will be non- injurious to the interests of the City and the general public. NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida that the Mayor and City Commission approve a request by Royal World Metropolitan, Inc. and authorize the vacation of a utility easement running along the rear of Lots 6 through 13 and 15 through 21 of Lyle G. Hall Subdivision, as recorded in Plat Book 40, Page 5, together with Tract 2 of the Bath Club Property, as recorded in Plat Book 40, Page 14, and together with Lot 17 of Resubdivisions of Miami Beach Bay Shore Co.'s Second Ocean Front Subdivision, Miami Beach, Dade County, Florida, as recorded in Plat Book 28, Page 16, of the Public Records of Dade County, Florida, which property is located at 6000 Collins A venue, and further authorize the Mayor and City Clerk to execute all necessary documents to evidence the vacation, subject to the following conditions: 1. Owner agrees to grant the City a recordable, non-exclusive easement to lay, install and maintain a water line currently running across the property, as more specifically set forth in the Grant of Easement, attached as Exhibit "B" hereto. 2. Owner has already paid all costs to the City to cut and cap the existing non-used water lines within the Easement sought to be vacated and to install a fire hydrant at the southern tip of the Property, all of which work shall be performed by the City. 3. Owner agrees to pay the water impact fees on the Property, as required by law, upon receipt of a Certificate of Occupancy. 4. Owner agrees to undergrounding of the utilities for the Property, as required by City of Miami Beach Ordinance No. 94-2961. PASSED AND ADOPTED this 7th day of June , 1995. ATTEST: ~~ /' CITY CLERK C,\WPWIN60\WPDOCS\RESOLUTN\6000COL3,VAC FO? f~FPROVFD LECPIl DEPT. By 1II1/Ju~ [J2~e jjz..Jhs CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: June 7, 1995 FROM: Jose Garcia_pedrosl City Manager VACATION OF UTILITY EASEl\1ENT BY THE CITY IN FAVOR OF ROYAL WORLD METROPOLITAN, INC. ALONG THE PROPERTY LOCATED AT 6000 COLLINS AVENUE, COMPRISED OF LOTS 6 THROUGH 13 AND 15 THROUGH 21 OF LYLE G. HALL SUBDIVISION, PLAT BOOK 40, PAGE 5, TOGETHER WITH TRACT 2 OF THE BATH CLUB PROPERTY AS RECORDED IN PLAT BOOK 40, PAGE 14, AND TOGETHER WITH LOT 17 OF RESUBDIVISIONS OF MIAMI BEACH BAY SHORE CO.'S SECOND OCEAN FRONT SUBDIVISION AS RECORDED IN PLAT BOOK 28, PAGE 16, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission authorize the vacation of the utility easement, as shown on the attached exhibit A, running along the rear of the following parcels: 1. Lots 6 through 13 and 15 through 21 of Lyle G. Hall Subdivision, according to the Plat as recorded in Plat Book 40, Page 5, of the Public Records of Dade County, Florida. 2. Tract 2 of the Bath Club Property, according to the Plat as recorded in Plat Book 40, Page 14, of the Public Records of Dade County, Florida. 3. That property known as Lot 17 of the Resubdivisions of Miami Beach Bay Shore Co. 's Second Ocean Front Subdivision as recorded in Plat Book 28, Page 16, of The Public Records of Dade County Florida. BACKGROUND: On July 26 1989, the City of Miami Beach Mayor and City Commission, following a review by the Land Use Committee of guidelines/criteria for considering right-of-way and easement vacations, recommended a case-by-case consideration of these requests. Royal World Metropolitan Inc., owner of property at 6000 Collins Avenue comprised of: Lots 6 through 13 and 15 through 21 of Lyle G. Hall Subdivision, according to the Plat as recorded in Plat Book 40, Page 5, of the AGENDA ITEM R -3-(0 DATE G-,-i-Cf:=)' COMMISSION MEMORANDUM Page 2 June 7, 1995 21 of Lyle G. Hall Subdivision, according to the Plat as recorded in Plat Book 40, Page 5, of the Public Records of Dade County, Horida; Tract 2 of the Bath Club Property, according to the Plat, as recorded in Plat Book 40, Page 14 of the Public Records of Dade County, Horida; and the property known as Lot 17 of the Resubdivisions of Miami Beach Bay Shore Co. 's Second Ocean Front Subdivision as recorded in Plat Book 28, Page 16, of The Public Records of Dade County Florida, had submitted plans for the development of a 215 unit condominium building on the above parcels in 1993. In January 1994, the Design Review Board approved the project, but an existing 5 feet easement platted at the rear of the above lots and across the proposed project would have to be vacated prior to the construction of the building. On April 19, 1995 the applicant had completed the requirements for the vacation request and a public hearing was scheduled for the June 7, commission meeting. ANALYSIS: Royal World Metropolitan Inc., has obtained letters of no-objection to the vacation of this easement from People's Gas, Southern Bell Telephone, Gold Coast Cable and Horida Power and Light. Royal W orId Metropolitan will be paying for the cost of abandoning an existing water line in the easement and installing a street fIre hydrant south of the property. In addition, the Administration and Public Works Department after reviewing the impact of this development on the utilities serving this area, notified Royal World Metropolitan Inc. of their required commitment to pay for the cost of upgrading the water and sewer system, and the cost for undergrounding existing overhead electrical, telephone and cable utilities on Indian Creek Drive, from 63rd Street south to approximately 59th Street. CONCLUSION: The City Commission should authorize the execution of vacation and abandonment of the easement as shown in the attached Exhibit A, contingent upon resolving the undergrounding of overhead utilities on Indian Creek Drive west of the proposed development. Attachment JGP/VOA/DR/vgk C:\WPWIN6O\ WPDOCS\COMMEMO\ V ACA TE\6OOOCOLL. WPD , ,', ~."'#' . :1.' . .. '.. ~..". ,...... - .. .. ':':,...:-" . '.: . t,. ... .. :.... ': ~ ':' .. . .. ..... .. .. J' ... i...:' ^~..........., .'~.~- .~. , ~ '" ~ ~ ~"l ~. d ~. ~ ~' ~ ,-.... " . . . ... '.. -......~.. .'!, . . . , , ~ .':::'1' ":' ') ;.... ~. .-,.:.;~ . I ..: .'~.""'~ I I I J, ~ 0' /.3;q rl-/'Qul.3 EXHIBIT A I ~g:16954Fr.12B8 THIS INSTRUMENT WAS PREPARED BY: Liza Riso Talpins, Esq. Morgan, Lewis & Bockius 5300 First Union Financial Center 200 S. Biscayne Boulevard Miami, Florida 33131 95R42 10 13 1995 OCT 16 16:27 UNITY OF TITLE WHEREAS, ROYAL WORLD METROPOLITAN, INC., a Florida corporation ("Owner"), is the owner of that property described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Also known as 6000 Collins Avenue, Miami Beach, Dade County, Florida (the "Property") i and Owner recognizes and acknowledges that welfare, safety and morals, the Property separate parcels owned by several owners put to the use described below, and for the public health, should not be divided into so long as the Property is In consideration of the issuance of a building permit to Owner by the City of Miami Beach for the development of the Property, and for other good and valuable consideration, Owner hereby agrees to restrict the use of the Property in the following manner: The Property shall be used as a residential condominium development with related recreational amenities and facilities and other common elements. The Property shall be considered as one plot and parcel of land and no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land, NOTWITHSTANDING THE FOREGOING OR ANY PROVISION OF THIS UNITY OF TITLE TO THE CONTRARY, OWNER INTENDS TO DEVELOP THE BUILDINGS ON THE PROPERTY FOR SALE TO MULTIPLE OWNERS IN A CONDOMINIUM FORMAT OF OWNERSHIP, AND NOTHING IN THIS UNITY OF TITLE SHALL BE CONSTRUED SO AS TO PREVENT THE CONVEYANCE OF A PORTION OR PORTIONS OF THE PROPERTY AT ANY TIME AND FROM TIME 'TO TIME AS RESIDENTIAL CONDOMINIUMS. Owner further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon Owner, its heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such time as the same may be released in writing by the City of Miami Beach Planning and Zoning Director, or his designee, or the executive successor of such person, or in the absence of such director or executive successor, by his assistant in charge of the office in his absence, Further provided, however, that a release will be executed when the Property is made to conform with applicable zoning regulations or the use or structures are removed from the Property and there is no further reason to maintain this Unity of Title on the public records. MI01/139497.3 ~t~:16954pr.1289 IN WITNESS WHEREOF, Owner has caused this Unity of Title to be executed by its President and Secretary and its corporate seal to be affixed this 2\ day of J V'f'oilZ. , 1995. Signed, sealed and delivered in the presence of: '\ i -j/l;L,U'O("C~ ~'rr~"lf7'-- ":,\J\f'e t~.("... ( .:-t ROYAL WORLD METROPOLITAN, INC" a F~lOf~da ~orpora.tr~m , By: ~~~ Mehmet Dereli Its: President '\ ~ 999 Ponce de Leon Boulevard Suite 1135 Coral Gabl~e,,~' /31~ 33 :34 Attest: ~;f~~ Aslan palachi Its: Secretary ., 999 Ponce de Leon Boulevard, Suite 1135 Coral Gables, FL (CORPORATE SEAL) 33134,," ..;."......,., f .'~M~ '~"'" '\. L} '" ~l' I,. .' \;)v" , .,. 'q.' ,.' "\t ,', (.;) "" :.=.J S', j Cl.: ~~C\J ~ ", - ;,.... C) l..~ "tot.: : ~ uW 0.. '-10.,1, 0) ~i \ 't:. P(JU'J - ~";' . (> i., il ... ,: \ )1,' , '" J...\ ' .,~ fIT" .. '1.....'.. ..~~ r ~ 1) <,,,... .'.. if, 'l,~~..,.., ~"""'''!fl,"H,t'' . STATE OF FLORIDA SS: COUNTY OF DADE The foregoing instrument was acknowledged before me this 2J. day of ]'u,v..7" , 1995, by Mehmet Dereli and Aslan Palachi, as President and Secretary respectively, of ROYAL WORLD METROPOLITAN, INC" a Florida corporation, on behalf of said corporation, They are personally known to me or have produced DJ\-v'vvv, /....A.<.. as identification and did not take an oath, ~\<.,. pu(} OffICIAL NOTARY lEAL 0" <"", IA"IARA SEAIIAN :.' ~ CO.....ION NUlllaR ~ '<I(' CC382774 7,. # MV COM "'ON EXP. '" OF 1',-0 JUNE 1118 ':btwb{v,,^-- ,~~i\/0"iV'-1 Notary Public, State of Florida Print Name: r:sr--ryu:y.\eA is \..;..Y\VUJt~ Serial No" if any: My Commission Expires: (NOTARIAL SEAL) MIOl1139497.3 -2- ~[~:16954PG1290 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 6 through 13, inclusive and Lots 15 through 21, inclusive of LYLE G. HALL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 40, at Page 5, of the Public Records of Dade County, Florida. TOGETHER WITH: Lot 17 of RESUBDIVISION OF LOTS 18 TO 26 INCLUSIVE, BLOCK 1, LOTS 14 TO 30 INCLUSIVE, BLOCK 2, LOTS 13 TO 22 INCLUSIVE, BLOCK 3, OF THE AMENDED PLAT OF RESUBDIVISION OF LOTS 20 AND 21, BLOCK 1 AND 2, MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION AND LOTS 18 AND 19, BLOCK 1, LOTS 18 AND 19, BLOCK 2, OF THE RESUBDIVISION OF PART OF LOT 21, BLOCK 1, LOTS 17, 18, 19, BLOCK 1, LOTS 17, 18, 19, BLOCK 2 AND PART OF LOT 21, BLOCK 2, OF MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION, MIAMI BEACH, DADE COUNTY, FLORIDA, according to the Plat thereof, as recorded in Plat Book 28, at Page 16, of the Public Records of Dade County, Florida, TOGETHER WITH: Tract 2 of THE BATH CLUB PROPERTY, according to the Plat thereof, as recorded in Plat Book 40, at Page 14, of the Public Records of Dade County, Florida. LESS AND EXCEPT: That parcel of land lying in Sections 11 and 14, Township 53 South, Range 42 East, Dade County, Florida, being a portion of Lot 13 of LYLE G. HALL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 40, Page 5 of the Public Records of Dade County, Florida, and a portion of Lot 17 of RESUBDIVISION OF LOTS 18 to 26, INCLUSIVE, IN BLOCK 1i LOTS 14 TO 30, INCLUSIVE, BLOCK 2i LOTS 13 TO 22 INCLUSIVE, IN BLOCK 3 OF THE AMENDED PLAT OF THE RESUBDIVISION OF LOTS 20 AND 21, IN BLOCKS 1 Au~D 2, MIA11I BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION, AND LOTS 18 AND 19 IN BLOCK 1 LOTS 18 AND 19 IN BLOCK 2, OF THE RESUBDIVISION OF PART OF LOT 21 IN BLOCK 1i LOTS 17, 18 AND 19 IN BLOCK 1, LOTS 17, 18 AND 19 IN BLOCK 2, AND PART OF LOT 21, IN BLOCK 2 OF MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION, MIAMI BEACH, DADE COUNTY, FLORIDA, according to the Plat thereof, as recorded in Plat Book 28, Page 16 of the Public Records of Dade County, Florida, said parcel of land being more particularly described as follows: BEGIN at the South corner of the aforementioned Lot 17i thence run North 01008'00" West, along the West boundary of said Lot 17, for a distance of 0.16 feet to a point on a circular curve concave to the Northwest having a radius of 381,25 feet and a tangent bearing North 43022'50" East; thence run Northeasterly along said circular curve through a central angle of 31044'44" for an arc distance of 211,24 feet to a point on the East boundary of the aforementioned Lot 13i thence run South 01008'00" East, along the East boundary of said Lot 13, for a distance of 36,44 feet to the Northeast corner of the aforementioned Lot 17, said corner being the point of curvature of a circular curve concave to the Northwest having a radius of 117.98 feet; thence run Southwesterly along said circular curve which is coincident with the Southeasterly boundary of the aforementioned Lot 17, through a central angle of 45056'00" for an arc distance of 94,58 feet to a point of tangencYi thence run South 44048'00" West, along said Southeasterly boundary of Lot 17, for a distance of 89,12 feet to the POINT OF BEGINNING, MIOl1139497.3 .a:lIDID IN OI'P IUAIIll'COlDl" QII 0...", COUNTY. "OIIN. IICOID VHI'"0 /.IARVfY RUVIN, am ot CirCUit & t:oaJQ Cow1I /) ~~~:16954fr,1291 THIS INSTRUMENT PREPARED BY AND WHEN RECORDED RETURN TO: Liza Riso Talpins, Esq. Morgan, Lewis & Bockius 5300 First Union Financial Center 200 S. Biscayne Boulevard Miami, Florida 33131 95R42 10 14 1995 OCT 16 16:27 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ROYAL WORLD METROPOLITAN, INC., a Florida corporation (IIGrantor"), for and in consideration of the sum of Ten Dollars ($10,00) to it in hand paid, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby grant and convey unto the CITY OF MIAMI BEACH, a Florida municipal corporation, its successors and assigns: A non-exclusive easement to lay, install and maintain a water main in the following described land situate, lying and being in the City of Miami Beach, County of Dade, State of Florida, to wit: Beginning at the Northeast corner of Lot 6, of LYLE G. HALL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 40, at Page 5, of the Public Records of Dade County, Florida, thence run Westerly along the Northerly line of said Lot 6 a distance of two hundred feet (200') to the Northwest corner of Lot 21, of said LYLE G, HALL SUBDIVISION, thence run Southerly along the Westerly line of said Lot 21 a distance of five (5) feet to a point, thence run Easterly a distance of two hundred feet (200') to a point on the Easterly line of Lot 6, of said LYLE G. HALL SUBDIVISION, thence run Northerly along the Easterly line of said Lot 6 a distance of five (5) feet to the Point of Beginning, IN WITNESS WHEREOF, Grantor has caused these presents to be executed by its President and Secretary and its corporate seal to be affixed this ~ day of 3VN~ , 1995, Signed, sealed and delivered in the presence of: ROYAL WORLD METROPOLITAN, INC., a Florida qorporatio17 I BY:~ ~~ Mehmet Dereli Its: President 999 Ponce de Leon Boulevard Suite 1135 Coral Gables'/r71,331,34. Attest: Ul~ c:..L Aslan palachi Its: Secretary 999 Ponce de Leon Boulevard Suite 1135 Coral Gables, FL 33134 (CORPORATE SEAL) \0 ,,;" '__t<;';;;"'F~.,,} . '" ':\ l~... _ ~""" E'..~ _..''''',''''';, "1,..11.,,-, <:l." ',-' ; :y~. ~ ,,~ '.... ,(;:; ~ '1:'<\1 ~ \ j 0.. J.J...J (;). - l:E: \~<.I) ~ ~.' ... ~,,~> ~"'>" (\0' " .,..~' <<~~~",J~_~l~~~."; ;.~:,' :;.~~ ",,....:," ~~,':....~.- ~(1' ~.... '",......;", 1\(,,0", '!I.,- .~'~.' \,.,,';;' ./ff".#.'..... MIOl/139344.2 OFF 16~A -f.t'\ln' nE~':, fl..nPG~~ STATE OF FLORIDA SS: COUNTY OF DADE The foregoing instrument was acknowledged before me this 2\ day of :JVNc. , 1995, by Mehmet Dereli and Aslan palachi, as President and Secretary respectively, of ROYAL WORLD METROPOLITAN, INC" a Florida corporation, on behalf of said corporation, They are personally known to me or have produced '1)V'v\I\/i<'V\j ~v\( as identification and did not take an oath. . 1$ &'0LA!1A-/~. ..se.. ~'VI--\ Notary Public,- State of Florida Print Name: Y3.4le&I"\1('/t .3i:=../t1t11tlv' Serial No" if any: My Commission Expires: (NOTARIAL SEAL) \l't' P{j OffICIAL NOTARY SEAL o"f'o- 8(/ BARBARA SEA"AN ~.J. () co....ISSIO.. NU,,'ER ~ ~ CC382774 :y ~ "Y COli SSION EXP, :/'(' OF f\.OQ'= JUNE 1998 .er>>,. IN OIP IttAl QCClIDI.oa. elf DADf COUNTY. '&0./04 IIC'OID 118""0 '!&RVfy RUVlN, Qe" ot QrCUit & Coun., Count MIOl/139344.2 -2- ,..., .- "0-' ~~~:16954PG1293 VACATION AND RELEASE OF EASEMENT 95R421.0 15 1995 OCT 16 16:27 THIS VACATION AND RELEASE OF EASEMENT (this "Agreement") is entered into this 10th day of AUGUST , 1995 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation (the "City") and ROYAL WORLD METROPOLITAN, INC" a Florida corporation (the "Owner"). WIT N E SSE T H: WHEREAS, the Owner is the owner of property located at 6000 Collins Avenue, Miami Beach, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property") i WHEREAS, the Property is currently encumbered by a ten (10) foot wide easement which runs North and South through the Property, as more fully detailed on the recorded plats of the Property referred to in Exhibit "A" attached hereto, for the use of the City or any company having a franchise from the City for the installation and maintenance of sewer, gas and water lines, power, telephone and telegraph lines and for no other purpose (the "Easement") i WHEREAS, the Owner petitioned the City to vacate the Easement and the Owner complied with all of the City's requirements to vacate the Easementi WHEREAS, a certified copy of the City Commission's Resolution No, 95-21592 approving the vacation of the Easement is attached hereto as Exhibit "B" and is made a part hereof by this referencei and WHEREAS, the City and the Owner desire to evidence the vacation and release of the Easement of record, NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner hereby vacate and release the Easement, /f{l5 I NS-rtUME'NT fRePAeeD gy AND ~~t:N ReCoRDtD ReT\;lR.N TO U-ZQ 2.~SG fCLLp'Y\.SI est. M(') LU"I LewLS g, gocKiLL~ . 53~O Rrs-t- 111/11- Oh A Y\0-0.-c.tCLe C~t-er MIOl/149~2."r- () l I 5 ~ biSQc;L\..jV\€-. DOGe e 0(.Lr'd .;;tOO DLA TK l LI. . FIDriclo..- 33/3/-c2331 I-\A~ I 2H:169S4fG1294 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement as of the day and year first above written. Witnesses: ~ ;~ Print '1 a J3~:r.~ Print Na e: Bever1 y F. Gerald MI01/149282.1 CITY OF MIAMI BEACH, a Florida municipal corp at' / By: Name: Its: Mayor .~. .O<.!. ,..":"..... .. .J ....'.'1:,. ';"f'" ~.... ~J), ,- .,,!-l1J... ~'..' " , '> I;-':';,f :"~',..,..' ,'. ,"'l; ~." , . , ",,- . -. '''1 '0 ,...:_ 'l c \j . ~ .-,H ,:; . Name: ,:,,':. ~-~, .-, ',1'!'" Its: ty Clerk . ""'f~.~~7-;"~....' l..... \". '...... ~ -~ . ~. ~I~i -~,~'~ '-, 1'700 C ()Y')v~nbn c:~tef~~~l::( MA.'cu-~ &o.cG.., F L- 33 I 3> i ,.f: fU" ROYAL WORLD METROPOLITAN, INC., a Florida ~rporation . By: fffi. ~~~ Mehmet Dereli Its, preSi~~ . Attest: ~~ Aslan Palachi Its: Secretary L B l d () q ~ POll ce. de... e-o V\ C lL €-tJit 0 5w+e... i l35 . F'- 3'3 t3U (\ ~,' ._ J a CLk> L e s.. I. - - I ~nM- ~ FORM APPRC',' LEGAL DEPT. "TL-y Gy J., ~ - ~ -.( L!i:Jte _----- -2- STATE OF FLORIDA ~[r::16954fr.1295 ) ) ss: ) COUNTY OF DADE The foreg~ing i~trument was acknowledged bef2re ~e day of; LLa-U.l.-:-.7'-+ , 1995, by ~( ~ffE~J.) and . , as^~aydt and City Clerk respectively, of t e CITY / OF MIAMI BEACH, a Florida municipal corporation, on behalf of said corporation. They are personally kn~wn to me or have produced as identification and did not take an oath, tary Public, Print Name~ Serial No., if any: My Commission Expires: t.}(:~ ~C!'\;_J >;\.J~',~\F".: '-:,:::'.A;.J ~ : l:,j L\L~ ~,~ ,\LCj L\ ,:{' , l"iOT/~~\"t \\ :' k.~ (:T/-<,~~: Cl~~ ll\.~r: -=- '1 ('O\1~'1i~;';IO:'< ~:,~). (~':~:>~7[..F;: I !\lY CC\l~" i':Si\)~; :-..'.(\', ::;-:3. UY(" j (NOTARIAL SEAL)I COUNTY OF DADE ) ) . ) ss: STATE OF FLORIDA ~The fOregO~~~rument was acknowledged before me this ~ day of 't:iVf J , 1995, by Mehmet Dereli and Aslan Palachi, as presldent ana Secretary respectively, of ROYAL WORLD METROPOLITAN, INC" a Florida corporation, on behalf of said corporation, They are personally known to me O~ havc__ -prgGUC~J ~.-- as identification and did..not take an oath. .:... r:!.L- {V Notary Public, State of ~ida Print Name :/JJ(1,tJIVt:. // 'IJCA Serial No., lf any: My Commission Expires: (NOTARIAL SEAL) ...\\'t PI.I o,'ICIAL NOTARY SEAL 0.... . 4~ MARCIl H BADER ~ \iJgr <; COMMISSION NUMBER ; .I <( CC1G1867 7..., i> MY COMMISSION EXP, (" OF f\.~,,~~8.. 8l1~6 MI011l49282.1 -3- ~ff:16954FG1296 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 6 through 13, inclusive and Lots 15 through 21, inclusive of LYLE G. HALL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 40, at Page 5, of the Public Records of Dade County, Florida, TOGETHER WITH: Lot 17 of RESUBDIVISION OF LOTS 18 TO 26 INCLUSIVE, BLOCK 1, LOTS 14 TO 30 INCLUSIVE, BLOCK 2, LOTS 13 TO 22 INCLUSIVE, BLOCK 3, OF THE AMENDED PLAT OF RESUBDIVISION OF LOTS 20 AND 21, BLOCK 1 AND 2, MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION AND LOTS 18 AND 19, BLOCK 1, LOTS 18 AND 19, BLOCK 2, OF THE RESUBDIVISION OF PART OF LOT 21, BLOCK 1, LOTS 17, 18, 19, BLOCK 1, LOTS 17, 18, 19, BLOCK 2 AND PART OF LOT 21, BLOCK 2, OF MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION, MIAMI BEACH, DADE COUNTY, FLORIDA, according to the Plat thereof, as recorded in plat Book 28, at Page 16, of the Public Records of Dade County, Florida, TOGETHER WITH: Tract 2' of THE BATH CLUB PROPERTY, according to the Plat thereof, as recorded in Plat Book 40, at Page 14, of the Public Records of Dade County, Florida, LESS AND EXCEPT: That parcel of land lying in Sections 11 and 14, Township 53 South, Range 42 East, Dade County, Florida, being a portion of Lot 13 of LYLE G, HALL SUBDIVISION, according to the plat thereof, as recorded in plat Book 40, Page 5 of the Public Records of Dade County, Florida, and a portion of Lot 17 of RESUBDIVISION OF LOTS 18 to 26, INCLUSIVE, IN BLOCK 1i LOTS 14 TO 30, INCLUSIVE, BLOCK 2; LOTS 13 TO 22 INCLUSIVE, IN BLOCK 3 OF THE AMENDED PLAT OF THE RESUBDIVISION OF LOTS 20 AND 21, IN BLOCKS 1 AND 2, MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION, AND LOTS 18 AND 19 IN BLOCK 1 LOTS 18 AND 19 IN BLOCK 2, OF THE RESUBDIVISION OF PART OF LOT 21 IN BLOCK 1i LOTS 17, 18 AND 19 IN BLOCK 1, LOTS 17, 18 AND 19 IN BLOCK 2, AND PART OF LOT 21, IN BLOCK 2 OF MIAMI BEACH BAY SHORE CO'S SECOND OCEAN FRONT SUBDIVISION, MIAMI BEACH, DADE COUNTY, FLORIDA, according to the plat thereof, as recorded in Plat Book 28, Page 16 of the Public Records of Dade County, Florida, said parcel of land being more particularly described as follows: BEGIN at the South corner of the aforementioned Lot 17i thence run North 01'08'00" West, along the West boundary of said Lot 17, for a distance of 0.16 feet to a point on a circular curve concave to the Northwest having a radius of 381,25 feet and a MI01/1492821 ~t ~ :16954rr.1297 CONTINUATION OF EXHIBIT RAn tangent bearing North 43'22'50" East; thence run Northeasterly along said circular curve through a central angle of 31'44'44" for an arc distance of 211,24 feet to a point on the East boundary of the aforementioned Lot 13i thence run South 01'08'00" East, along the East boundary of said Lot 13, for a distance of 36,44 feet to the Northeast corner of the aforementioned Lot 17, said corner being the point of curvature of a circular curve concave to the Northwest having a radius of 117.98 feet; thence run Southwesterly along said circular curve which is coincident with the Southeasterly boundary of the aforementioned Lot 17, through a central angle of 45'56'00" for an arc distance of 94.58 feet to a point of tangencYi thence run South 44'48'00" West, along said Southeasterly boundary of Lot 17, for a distance of 89,12 feet to the POINT OF BEGINNING. Prepared by: Morgan, Lewis & Bockius Counselors at Law 5300 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2339 MIOl/149282 1 G"\lH' B l-r If g ,1\ OFF 169" - REC: 54Fr.1298 RESOLUTION NO, 95-21592 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REQUEST BY ROYAL WORLD METROPOLITAN, INC, AND AUTHORIZING THE VACATION OF A UTILITY EASEMENT RUNNING ALONG THE REAR OF LOTS 6 THROUGH 13 AND 15 THROUGH 21 OF LYLE G, HALL SUBDIVISION, AS RECORDED IN PLAT BOOK 40, PAGE 5, TOGETHER WITH TRACT 2 OF THE BATH CLUB PROPERTY, AS RECORDED IN PLAT BOOK 40, PAGE 14, AND TOGETHER WITH LOT 17 OF RESUBDIVISIONS OF MIAMI BEACH BAY SHORE CO,'S SECOND OCEAN FRONT SUBDIVISION, MIAMI BEACH, DADE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 28, PAGE 16, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 6000 COLLINS AVENUE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS TO EVIDENCE THE VACATION, SUBJECT TO CONDITIONS, WHEREAS, Royal World Metropolitan, Inc. (Owner) is the owner of the property located at 6000 Collins Avenue, Miami Beach, Florida, and legally described as Lots 6 through 13 and 15 through 21 of Lyle G. Hall Subdivision, as recorded in Plat Book 40, Page 5, together with Tract 2 of the Bath Club Property, as recorded in Plat Book 40, Page 14, and together with Lot 17 of Resubdivisions of Miami Beach Bay Shore Co,'s Second Ocean Front Subdivision, Miami Beach, Dade County, Florida, as recorded in Plat Book 28, Page 16, of the Public Records of Dade County, Florida (collectively, the Property), and has petitioned the City of Miami Beach to vacate a utility easement running North to South through the middle of the Property (the Easement), as more specifically shown in the attached Exhibit "A;" and WHEREAS, the Owner has provided the City's Public Works Department with satisfactory evidence that, with the exception of a City water line, there currently are no existing utility facilities being used within the Easement and that therefore there is no objection to the vacation of the Easement from any of the various utility concerns providing service throughout the City; and WHEREAS, the Owner has paid all costs to the City, to cut and cap an existing water line located within the Easement, and to install a new fire hydrant and related work therein; and WHEREAS, the Public Works Department recommends that the City vacate and discontinue the Easement; and WHEREAS, the vacation and abandonment of the Easement by the City will be non- injurious to the interests of the City and the general public. OFF 169- 5' . QEC: ' 4pr.1299 NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida that the Mayor and City Commission approve a request by Royal World Metropolitan, Inc. and authorize the vacation of a utility easement running along the rear of Lots 6 through 13 and 15 through 21 of Lyle G. Hall Subdivision, as recorded in Plat Book 40, Page 5, together with Tract 2 of the Bath Club Property, as recorded in Plat Book 40, Page 14, and together with Lot 17 of Resubdivisions of Miami Beach Bay Shore Co.'s Second Ocean Front Subdivision, Miami Beach, Dade County, Florida, as recorded in Plat Book 28, Page 16, of the Public Records of Dade County, Florida, which property is located at 6000 Collins A venue, and further authorize the Mayor and City Clerk to execute all necessary documents to evidence the vacation, subject to the following conditions: 1. Owner agrees to grant the City a recordable, non-exclusive easement to lay, install and maintain a water line currently running across the property, as more specifically set forth in the Grant of Easement, attached as Exhibit "B" hereto, 2. Owner has already paid all costs to the City to cut and cap the existing non-used water lines within the Easement sought to be vacated and to install a fire hydrant at the southern tip of the Property, all of which work shall be performed by the City. 3. Owner agrees to pay the water impact fees on the Property, as required by law, upon receipt of a Certificate of Occupancy. 4. Owner agrees to undergrounding of the utilities for the Property, as required by City of Miami Beach Ordinance No. 94-2961, PASSED AND ADOPTED this 7th day of June ,1995. ATTEST: /kJ~ /' CITY CLERK C:\WPWIN60\WPDOCS\RESOLUTN\6000COL3,VAC FORM APPROVED LEGAL DEPT. By III/~- Date f z,$-! . ~ <..:.; ~ '0') (J;) ~ L.a...c-, u.W Co: - - - ., - , '~. 1'1.' '. ...... ~ ...... .. . . '. ~"..;..... ..~ . .- ~.~. -. ~ . f' ~ . ,': .: ""..- ... . . ...... 4 ~ ':' . . ...... . c, ; ,F ; ~ r~;w; '. ....~.. , "... . '. .~ :.. . r . ~." ...It....;. ., A''1,''~. -, 1.: ., ~ . ~.<..: ,4... ~ '" ~ ~ ~"l ~. d ~, ~ .1- ..... ". ...... '. .~ . .. . .. ~ " " ~ , , ~ - 0' ,8~ ""-1-. ,QUiS EXHIBIT A I 1 I ~tt:16954pr.1301 /' / ~\ THIS INSTRUMENT PREPARED BY AND WHEN RECORDED RETURN TO: , \ Liza Riso Talpins, Esq. Morgan, Lewis & Bockius 5300 First Union Financial Center 200 S. Biscayne Boulevard Miami, Florida 33131 "" GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ROYAL WORLD METROPOLITAN, INC" a Florida corporation ("Grantor"), for and in consideration of the sum of Ten Dollars ($10,00) to it in hand paid, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does h3reby grant and convey unto the CITY OF MIAMI BEACH, a Florida municipal corporation, its successors and assigns: A non-exclusive easement to lay, install and maintain a water main in the following described land situate, lying and being in the City of Miami Beach, County of Dade, State of Florida, to wit: Beginning at the Northeast corner of Lot 6, of LYLE G, HALL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 40, at Page 5, of the Public Records of Dade County, Florida, thence run Westerly along the Northerly line of said Lot 6 a distance of two hundred feet (200') to the Northwest corner of Lot 21, of said LYLE G, HALL SUBDIVISION, thence run Southerly along the Westerly line of said Lot 21 a distance of five (5) feet to a point, thence run Easterly a distance of two hundred feet (200') to a point on the Easterly line of Lot 6, of said LYLE G, HALL SUBDIVISION, "thence run Northerly along the Easterly line of said Lot 6 a distance of five (5) feet to the Point of Beginning. IN WITNESS WHEREOF, Grantor has caused these presents to be executed by its President and Secretary and its corporate seal to be affixed this .2.L day of !~",,-,::: ' 1995, Signed, sealed and delivered in the presence of: ; ) 1)., lui f"";" \'Jl.li).\..A- prirlt Name: -"':'r_'J"~c ,J ~_ ....~r' ROYAL WORLD METROPOLITAN, INC" a Florida ~~rporatio?1 , BY:~~ Mehmet Oereli Its: President ~\!- " ~ ~~~1.t\' P.~c:d(:~ t1L Print Name :.:,.....~.\';\ ~I; , 999 Ponce de Leon Boulevard Suite 1135 Coral Gables'/;l1 33134. Attest: /t/~d.- AsIan palachi Its: Secretary 999 Ponce de Leon Boulevard Suite 1135 Coral Gables, FL 33134 (CORPORATE SEAL) :... ,~ ~10:1 tJ~J4.1 2 EXHIBIT B I^" , " ~~~:16954FG1302 STATE OF FLORIDA , , '. COUNTY OF DADE SS: The for~oing instrument was acknowledged before me this :\ day of .~ ~Nc.. . 1995, by Mehmet Dereli and Aslan palachi, as President and Secretary respectively, of ROYAL WORLD METROPOLITAN, INC., a Florida corporation, on behalf of said corporation, They are personally known to me or have produced ),"",""v- hll. as identification and did not take an oath, "iJ: :;;;4.l 2 -:R,,,,;..,,,,^ 'x:'. L~~ Notary Public, State of Florida Print Name: t~4'-"'.:.'.n',~ ~c.:..m'1rtW Serial No., if any: My Commission Expires: (NOTARIAL SEAL) II' PIJ orrlClAL NOTA'" MAt.. 0'''' ....'" ,,,"IARA MAli'" ~ ~ (\ COtIIIIMtOIl 11,*1'" ; ; CCUI174 Y" ~ In eoll"'",,* UP, .,. 0,,\.0 JUNE 11.'''' - 2-