2010-27445 ResoRESOLUTION NO. ~ 2010-27445
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE SUCH DOCUMENT OR
DOCUMENTS, AS NECESSARY, TO EFFECTUATE A PREVIOUSLY APPROVED
ABANDONMENTOF A UTILITY EASEMENT LOCATED ON A PORTION OF THE
RESIDENTIAL PROPERTY (CURRENTLY OWNED BY MS. NERIDA YNCLAN) AT
770 W. 50T" STREET, MIAMI BEACH, FLORIDA
WHEREAS, Ms. Nerida Ynclan is the owner of a real residential property located at 770 W
50T" Street, and legally described as Lot 3 & East 15 feet of Lots 1 & 2 Block 26 Lake View Heights
Subdivision (the Property); and
WHEREAS, in 1928, the house on the Property was built over a City utility easement located
along the east line of Lots 1 and 2; and
WHEREAS, on May 17, 1933, the City Commission unanimously voted to abandon the
existing City easement and accepted a new easement; and
WHEREAS, Ms. Ynclan subsequently made improvements overthe old easement underthe
assumption that the abandonment had been recorded; and
WHEREAS, the Public Works Department has confirmed that, while the new easement was
recorded, there are no public records in the County of a document refelecting the City Commission's
1933 action abandoning the old easement; and
WHEREAS, Ms. Ynclan is unable to close on a pending sale of the Property until such time
as the City can execute (and she can record at her expense) a document confirming and evidencing
abandonment of the old easement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayorand City Commission hereby approve
and authorize the City Manager and City Clerk to execute such document or documents, as
necessary, to effectuate a previously approved abandonment of a utility easement located on a
portion of the residential property owned by Ms. Nerida Ynclan, at 770 W. 50th Street, Miami Beach,
Florida.
ATTEST
~/
`PASSED AND ADOPTED this /%>`li day of ~~(r 2010.
CITY CLERK
-,.
T:WGENDA12010Uu1y 141Consent\770 W. 50th Street Reso.doc
• AS TO
AY R FORM & LANGUAGE
& F(~H EXECUTION
3~~~0
y mey ~a "e
Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution authorizing the Mayor and City Clerk to execute An Abandonment Of A Utilit~ Easement Located
On A Portion Of The Residential Property Owned By Ms. Nerida Ynclan, At 770 W. 50t Street
Key Intended Outcome Supported:
Ensure well maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.):
Not applicable
Issue:
Shall the Commission a rove the Resolution?
item summa ircecommenaation:
Ms. Nerida Ynclan owns the real property located at 770 W 50 Street, legally described as Lot 3 & the East
15 feet of Lots 1 & 2, Block 26, Lake View Heights Subdivision (Attachment A). In 1928, the house on the
property was built over a City utility easement located along the east line of Lots 1 and 2 (Attachment B). On
May 17, 1933, the Miami Beach City Council unanimously voted to abandon that easement and accept a new
easement (Attachment C).
Ms. Ynclan subsequently made improvements over that same easement under the assumption that the
abandonment had been recorded.
The Public Works Department has confirmed that, while the new easement was recorded, there are no public
records in the County of a document abandoning the prior easement. Therefore, Ms. Ynclan is currently
unable to close on a pending sale of this property.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
__ .
Funds: ~ ,
OBPI Total
Financial Im act Summa
City Clerk's Office Legislative Tracking:
~ Fernando Vazquez, Ext. 6399
Sian-Offs:
De artment Dire r' ; Assistant Cit a er ' Ci Man e
FHB
T•1Al~Chll'1A~7n~n~ ~..~.. JGG JMG
_._.__.___.__.___.~ ..........,......, ... ... vvu~var~c~vununa~y.t,VV / ~
'' l'~ -ll~ ~ ~ AGENDA ITEM ~~ R
DATE ~-~y- ~~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE SUCH DOCUMENT OR
DOCUMENTS, AS NECESSARY TO EFFECUATE A PREVIOUSLY
APPROVED ABANDONMENT OF A UTILITY EASEMENT LOCATED ON A
PORTION OF THE RESIDENTIAL PROPERTY (CURRENTLY OWNED BY
MS. NERIDA YNCLAN) AT 770 W. 50T" STREET, MIAMI BEACH, FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Not applicable.
ANALYSIS
Ms. Nerida Ynclan owns the real property located at 770 W 50~' Street, legally described as Lot 3 &
the East 15 feet of Lots 1 & 2, Block 26, Lake View Heights Subdivision (AttachmentA). In 1928, the
house on the property was built over a City utility easement located along the east line of Lots 1 and
2 (Attachment B). On May 17, 1933, the Miami Beach City Council unanimously voted to abandon
that easement and accept a new easement (Attachment C).
Ms. Ynclan subsequently made improvements over that same easement under the assumption that
the abandonment had been recorded.
The Public Works Department has confirmed that, while the new easement was recorded
(Attachment D), there are no public records in the County of a document abandoning the prior
easement. Therefore, Ms. Ynclan is currently unable to close on a pending sale of this property.
CONCLUSION
The Administration has reviewed the recording request for the abandonment of the existing
easement and recommends that the Mayor and City Commission adopt this Resolution for
abandoning the easement and further authorize the City Manager and City Clerk to execute any
documents, as required, to effectuate the same. Ms. Ynclan shall be responsible for the costs of
recording the abandonment of the easement.
Commission Memorandum - 770 W. 50`b Street
July 14, 2010
Page 2 of 2
Attachments:
Attachment A -Location Sketch
Attachment B -Boundary Survey showing earlier easement
Attachment C -Survey showing later easement
Attachment D -County Record Book 1532, p. 458 and p. 460
JMG/J ~ /FHB/FV
T:WGENDA~2010Uu1y 141Consent1770 W. 50th Street- Memo.doc
8882 N.W 7th STREET. SUITE 202
MIAMI, FLORIDA 33726 7~y~$y~` ~1r~ SURVEY No. 1 - 0 01 3 3 4 6
TELEPHONE: (305)264-2660 ^ ~~~ ~y~~~~ ~~~ ~`
FAX: (305) 264-0229 Y ~~WVV LL3jl^rr
~- LAND SURVE ORS SHEET NO. ~ of 2
DRAWN BV.
SURVEY OF LOT 3 AND THE EAST 15 FEET OF LOTS 1 FutD 2 IN BLOCK 26
Subdivision: LAKE VIEW HEIGHTS SUBDIVISION
According to the Plat thereof as recorded in the Plat Book No. 27
at Page No. 5 of the public records of MIAMI-DADE County, Florida.
Property Address: 770 50 ST, MIAMI BEACH, FL 33140
For: NERIDA `<yNG~N Date: 12/11/2001
LOCATION SKETCH scale ~"-~t/`l~
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ABBREVIATIONS AND MEANIN -
. C.
A =ARC. F.N.D. =FOUND NAIL 8 DISK P.R.C. =POINT OF REVERSE
A/C =AIR CONDITIONER PAD. FR. =FRAME. CURVE.
A.E. =ANCHOR EASEMENT. FT. =FEET. PROP. CDR. =PROPERTY
A/R =ALUMINUM ROOF. FNIP. =FEDERAL NATIONAL CORNER
A/S =ALUMINUM SHED.
INSURANCE PROGRAM. .
p_S, = pLp,T BOOK
ASPH. =ASPHALT.
F.N. =FOUND NAIL. .
pG
=PAGE
B.C. =BLOCK CORNER.
H. =HIGH (HEIGHT). .
.
pWy
P
BLDG. =BUILDING.
IN. 8 EG. =INGRESS AND EGRESS =
ARKWAY
B.M. =BENCH MARK.
EASEMENT pRM =PERMANENT REFERENCE
8.0.8. = BASIS OF BEARINGS. .
L. P. =LIGHT POLE MONUMENT.
C. =CALCULATED. .
LF. E. =LOWEST FLOOR P.L.S. =PROFESSIONAL LAND
C.8 =CATCH BASIN.
ELEVATON. SURVEYOR.
C.B.S. =CONCRETE BLOCK
LM. E. =LAKE MAINTENANCE R. =RECORDED DISTANCE.
STRUCTURE.
EASEMENT RR. =RAILROAD.
CBW =CONCRETE BLOCK WALL. .
' =MINUTES RES. =RESIDENCE.
CH. =CHORD DISTANCE. .
M. =MEASURED DISTANCE WW, =RIGHT-OF-WAY.
CH. B. =CHORD BEARING. .
MON. =MONUMENT RAD. =RADIUS OR RADIAL.
~
CL =CLEAR. .
MM. =MANHOLE R.P. =RADIUS POINT.
'
C.L.F. =CHAIN UNK FENCE.
M/L. = MONUMENT UNE RG E. =RANGE.
C.M.E. =CANAL MAINTENANCE .
N.A.P. = NOT A PART OF SEC. =SECTION.
EASEMENT. .
NGVD= NATIONAL GEODETIC STY, =STORY.
CONC. =CONCRETE.
VERT CAL DATUM SWK. =SIDEWALK.
C.P. =CONC. PORCH. .
N. =NORTH S.I.P. =SET IRON PIPE LB. #6044
C.S. =CONCRETE SLAB. .
N.T.S. =NOT TO SCALE $. =SOUTH.
D. E. =DRAINAGE EASEMENT .
# - NO. =NUMBER S.N.D. =SET NAIL 8 DISK LB.#6044.
D.M.E. =DRAINAGE MAINTENANCE .
015. =OFFSET. SP. =SCREENED PORCH.
EASEMENT.
OH. =OVERHEAD "=SECONDS.
DRIVE.=DRIVEWAY. ,
O.H.L.=OVERHEAD UTILITY UNES T. =TANGENT.
o =DEGREES.
OVH. =OVERHANG 7Wp =TOWNSHIP.
E. =EAST. ~ .
O.R.B. =OFFICIAL RECORD BOOK U.E. =UTILITY EASEMENT.
E.T.P. =ELECTRIC TRANSFORMER
PVMT. =PAVEMENT UTIL =UTILITY.
PAD. .
PL =PLANTER
~ U.P. = UTIUTY POLE.
ELEV. =ELEVATION. .
P/L. =PROPERTY LINE .W, M. =WATER METER.
ENCR. =ENCROACHMENT. .
P.C.C. =POINT OF COMPOUND W_F.. WOOD FENCE.
F.H. =FIRE HYDRANT.
CURVE W.S. =WOOD SHED.
F.I.P. =FOUND IRON PIPE. ,
P.C. =POINT OF CURVE p .CENTRAL ANGLE.
F.I.R. =FOUND IRON ROD. .
PT. =POINT OF TANGENCY. W. =WEST.
F.F.E. =FINISHED FLOOR
POC. =POINT OF COMMENCEMENT (~
?[ =CENTER LINE.
ELEVATION. POB. =POINT OF BEGINNING. ~ =ANGLE
LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY (SURVEY);
EXAMINATION OF THE ASSTRAGT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED
INSTRUMENTS. IF ANY. AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT TO DEDICATIONS,
LIMITATIONS, RESTRICTIONS, RESERVATONS OR EASEMENTS OF RECORD. LEGAL DESCRIPTIONS
PROVIDED BY CLIENT OR ATTESTING TTLE COMPANY.
BOUNDARY SURVEY MEANS A DRAWING AND/OR A GRAPHIC REPRESENTATION OF THE SURVEY WORK
PERFORMED IN THE FIELD. COULD BE DRAWN AT A SHOWN SCALE ANdOR NOT TO SCALE.
EASEMENTS AS SHOWN ARE PER PLAT BOOK. UNLESS OTHERWISE SHOWN.
TIE TERM 'ENCROACHMENT- MEANS VISIBLE AND ABOVE GROUND ENCROACHMENTS.
ARCHITECTS SHALL VERIFY ZONING REGULATONS, RESTRICTONS AND SETBACKS AND THEY WILL
BE RESPONSIBLE OF SUBMITTING PLOT PLANS WITH THE CORRECT INFORMATON FOR THEIR
APPROVAL FOR AUTHORIZATION TO AUTHORITIES IN q NEW CONSTRUCTION, UNLESS OTHERWISE
NOTED, THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOT7N0.S AND/OR FOUNOATONS.
FENCE OWNERSHIP NOT DETERMINED.
THIS PLAN OF SURVEY, HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED
HEREON, THE CERTIFICATE DOES NOT EXTEND TO ANY UNNAMED PARTY:
THE FNIP FLOOD MAPS HAVE DESIGNATED THE HEREIN DESCRIBED LAND TO BE
COLJR7-
- ND TYPI A
WOOD FENCE.
CHAIN LINK FENCE.
0.00 X ~ C.B.S. WALL (C.B.W.7
EXISTING ELEVATIONS.
0.00
PROPOSED ELEVATIONS.
SURVEYORS'S NOTES: 1). IF SHOWN, BEARINGS ARE
REFERRED TO AN ASSUMED MERIDIAN, BY SAID PLAT
IN THE DESCRIPTION OF THE PROPERTY. IF NOT,
THEN BEARINGS ARE REFERRED TO COUNTY
TOWNSHIP MAPS.
2). IF SHOWN, ELEVATIONS ARE REFERRED TQ
B.M.# ~-~1 ELEV. ~~. ~./
OF N.G.V.D. OF 1929.
3). THIS IS A SPECIFIC PURPOSE SURVEY
4). THE CLOSURE IN THE BOUNDARY SURVEY IS
ABOVE 1:750D FT.
I HEREBY CERTIFY: THAT THIS'BOUNDARY SURVEY'
OF THE PROPERTY DESCRIBED HEREON, AS
RECENTLY SURVEYED AND DRAWN UNDER MY
SUPERVISION, COMPIJES WITH THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY
THE FLORIDA BOARD OF PROFESSIONAL LAND
SURVEYORS IN CHAPTER 61G77.6. FLORIDA
ADMINISTRATIVE CODE PURSUANT
TO 472.D27, FLORI STATUT~ES~~J
~7blT~l1 IBARRA (DATE OF FI LD WORK).
PROFESSIO L LAND SURVEYOR NO.~p`7/
STATE OF FLORIDA. (VADD COPIES OF THIS SURVEY WILL
BEAR THE EMBOSSED SEAL OF THE ATTESTING LAND
SURVEYOR).
REVISED ON U~=(/~/~ ~ ~/~~y. /"~'OJ
REVISEDON
Situated in Zone: AE Community/Panel/Suffix: 120651-0182-J
Date of Firm: 07/17/1995 Base Flood Elevation: 8FT
Certified to_ N~RIDA `.~TCLAN ~
Attachment - A
SEAL
N
5582 N.w. 7th STREET, SUITE 202
MIAMI. FLORIDA 33126
TELEPHONE; (305) 2642660
FAX: (305) 2134-1Y229
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Attachment - C
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Attachment - D
- KNO44 ALL f~dEN BY THESE PP.ESENTS, That we, in consideration of the
benefits aocruing.to us by reason.of convenient access and a
lesser post of the construction of sewers and the desirability
oY having the thin6e hereinafter specified placed in the lccations
noted .below, and in consideraticn of X1,00, receipt of which is
hereby ~knowledged, do hereby give and grant. unto the City oY
'iiapii Beach, Florida, .its suocessors ;~sid assigns and its brantees
operdtisig publ~o utilities, 'the perpetual right and easement to .
lay;~d maintain sewers, water manna, telephone and electric con- :.. .:
duits underground, in the 47EST 5ft. of EAST 15ft. of LOT 2 and
THE 49E5T~:lOft, of the EAST eft. of LOT 1, BLOCK 26, LAKE VIER'
HEIGHTS SUBDIVISION -
as I:er Plat recorded in Plat Book No. 27 Page 5 of
the Public Records of Dade County, Florida.
IN ~fITNES:: 4:HEREOF, we have hereunto set our hands G,nd .seals at
Miami Beach , County Of Dade Stgte
Of . _ ..Florida
thiB , 5th day of raga , .
T
A. .D. 19~~ .
_ _:_ ~ i~
~ w ~ ---- .. .. .. (SEAL).
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ATTEST: /J
This is to certify the above easement ~vae aoo~ted for the
...~%;'of Miami Beaoh, Floridan by unanimous vote of the Oity Council
.-~~~ ~s..d oity on May l7th, 1933•
~ '" - ~N WITNIaBB WFO~AEOF I have hereunto set my hand and affixed
.~'~_.,~~~ , ~~icial seal of the City of Miami Beach on this the 2 th d
,~~'• 9 ~
t~ 1933•
°ORF OR --- _ D ,
_ ~.,. ..°L.. - ._ ity Clerk
'~l t`
r.
..., ..
t.
STATE OF Florida )'
SS:
COUNTY OF Dade )
`~ I E~REBY CERTIFY THAT on this day personally
aF+F•eared before me, anu. offioer duly authorized to ;~dminiatar
oaths and take acknowledgments,
W. F: Bnyder
to me well known to be the person described in and who axe-
auted tha foregoing; deed, and acknowledged before me that he
exeouted the same freely and voluntarily for the purposes
therein axpresse.d.
.AND I FURTHFi CERTIFY, That the said
~~,~~ . G. S~•der , known to me to be „the vrife of '
the said P~.F.5n9der , on a;separate exarai-
.nation taken and made by and before me, aepare;.tely and aF.~art
from her said husband, did acknowledge that she made herself a
party to said deed for the purpose of renouncing, relinquishing
and conveyi7-g all her right, title and interest, whether dower,
homestead, or of separate property, statutory or equitable, in
and to the laxids described therein, and that she executed the
said deed freely and voluntarily and without any oompulsion,
.constraint, apprehenaion'or Year of or from her said husband.
,:ti'`~`'"~''`~~-. RITNESS my hand and official seal •at ~~ Eeach
,t -- ~ ~K,"--:
-.~v~i4v~t~~~°°~D~sde , cold State of Floride
~~ ~ 'day of "~ blas , A. D. , 19 33
~"7~$f `STS' c'~"'
:.
..........
-,,~~~`~`~;}~~*,tt+ Justice of the Peace,
Fifth District, Dade Cotuity,
State Of Florida ,
tt... C..,.,.~a....~,.,,.,e..sti.a..~
5;8!o OI FI!~riti;i rMlr:'q 0~ D,rOP„
~~lg IR¢ffurnvr' wd~ fii..d f,,;• r'r::orr, ifiC
of dad nf_ ~;:
3~....r ~'~}.y`3 "~g'1 u,. .~,lt rep .dr,., ~ ;ir,,,kl
By ~{~ ............................ o• C:
~.
~r . .
EDOK~Jc~~ PAGE4b~
KNOW ALL MEW BY THESE PRESENTS, that we, in con-
sideration of the benefits accruing to us by reason
of convenient access and a lesser cost of the constrir
otion of sewers and the Aesirability of having the
thiaga hereinafter specified placed in the looations
noted below and in oonsideration of One Dollar (~]..OOj
the receipt of which is hereby acknowledged, do
hereby give and grant unto the Oity of ldiami Beach,
Florida, its suocessore and asai~ns and its grantees
operating public utilities, the perpetual-right and
easement to lay and maintain sewore, water mains,
telephone and eleotrio conduits underground, in the
PEST FI9E FEET OF THE EAST TWENTY FEET OF LOT 2, BLOOK
26, LAKE VIEW HEIGHTS SIIBDIPIBION, as per Plat recorded
in $LAT-BOON NIIM$ER 27, PAGE ~, of.hbe.Publio Aeaorde
of Dade County,Florida.
IN WITNE88 WHEREOF, we have h®reuntc set hour han~de- and
seals at `sue ounty ofd ~,e~._-~~ ,
State of ~,~-v+ _-~~~~%v , this ,.1_~ay of J%~'~,~., 1'33•
_ _ __~
'~ ~DO Wf •~ / l/
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~~~ ~ Prea ent
~~._ : ` BY~o ,,~it, d ~4~~~ra~n~ SEAL
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`~ ;;.wit. ~. --,:..i ~ r tJ ' ~C •~ 'Ci. '~_
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This ie to certif the above easement was ao~ ~~~d~for the
City of Miami Beach, Florida, by unanimous vote of the City Council of
Said city on May 17th, 1933•
~; - IN WITNESS WHEREOF I have hereunto set my hand and af-
"-~,..'~.~2~ the official seal of the Oity of Miami Beach on this the 29th
~•,~ ~~ -~ June, 1933• •
,, •••• L
,-:~.-.~".,.:,.,_, it-filer
~e.~ ~ Y
?LNCQRF ~` Q~~TE~'
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a
BTATE OF
8S
COUNTY OF
I HEREBY CERTIFY, at on this
dap of ° .D.1933, Before me personally
' appeared u'l~nd
re eotively President and pf
a corporation under the laws of the State of Florida
to me known to be the persons 8escribed in and who
eaeouted the foregoing instrument to the CITY OF MIAMI
BEACH, FLORIDA, and eeverall~r aakaowledged the eaeout-
!on thereof to be their free not ana need as suoh officers,
for the uses and purposes therein mentioned; and-that
they affixed thereto the official seal of said corp-
oration, and the said instrument is the sat and deed
of said corporation.
WSTAESS m signature and official seal at
l ,, in the County of ~.~,~._ '
and State of _. ~..-!'!~#be day and year last
aforeasid.
~,1
~aiy u o
My Commission E Aires;
~s~~
Slat? o~ F~l nriri;; (;n:u~iv ni Dane,
This „~,tn~ mPn? was fil=~; !n• reccrd th.r~ dnv n! :-_
~,.,, at~d ~ 6t.M ~.,,i d,ifp rec~ord,•d i!~ Bool:f .. C3 Yaf
.~?, ....~~, Pace <fGa.... f;... sv~. ¢g~,3.;E .
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