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96-22245 RESORESOLUTION NO. 96-22245 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE VACATION OF THE UTILITY EASEMENT ON LOTS 1 THROUGH 3 AND 10 THROUGH 12, BLOCK 79C, OF ALTON BEACH REALTY CO.'S BAY FRONT SUBDIVISION, IN FAVOR OF BAY ROAD VENTURE, INC., AS OWNER OF THE PROPERTY LOCATED AT 1401 BAY ROAD; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SUBJECT VACATION. WHEREAS, Bay Road Venture, Inc., owns the property located at 1401 Bay R~ad, comprised of Lots 1-3 and 9-12, Block 79C, of Alton Beach Realty Co. 's Bay Front SubdivL, io t, as recorded in Plat Book 16, Page 1, of the Public Records of Dade County and is developi ~g a condominium on this site (Project); and WHEREAS, a five (5) foot utility easement in the rear of Lots 1 through 3 and 10 thr, ,ugh 12 with existing utilities obstructs the construction of this Project; and WHEREAS, Bay Road Venture, Inc. is requesting the vacation of this utility easement; and WHEREAS, the Mayor and City Commission, following guidelines set by the Land Use and Development Committee on July 19,1989, and preceding vacation requests, called for a p~ tblic hearing on December 18, 1996 to consider the abandonment/vacation of the aforementionec. u ility easement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND C [TY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing on December 18, 1996, herein approve and authorize the vacation of the utility easement on Lots I through 3 and 10 through 12, Block ','9( ',, of Alton Beach Realty Co. 's Bay Front Subdivision as recorded in Plat Book 16, Page 1, of the 1~ tblic Records of Dade County, in favor of Bay Road Venture, Inc., finding such vacation to be in 1 he best interest of the City. The aforestated vacation is conditioned upon the complete relocation ar d/or abandonment of all existing utilities in the easement area, at the sole cost and expense of Bay ] Load Venture, Inc.. Furthermore, the Mayor and City Clerk are authorized to execute all docun ents necessary to effectuate the vacation of the utility easement set forth herein. PASSED and ADOPTED this ATTEST: CITY CLERK 18th day of December , 1996. APffiOVED .,~, TO FOt~ & tANGtIAC~ & K)R !iXECLII'ION Ci~v A~rney Dote I I ,,- oo. ' ~o II o ~o ~ II ~ ~oo. ~ ~EST AVENUE 7 CITY OF MIA VII BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139 TO: FROM: SUKIECT: Mayor Seymour Gelber and Members of the City Commission DATE: December 18, 1~96 Jose Garcia-Pedrosa OffTHE City Manager . , A RESOLUTION MAYOR AND CITY COMMISSION OF TIlE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE VACATI('tN OF A UTILITY EASEMENT IN FAVOR OF BAY ROAD VENTURE, INC., OWNER OF THE PROPERTY LOCATED AT 1401 BAY ROAD. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission authorize the vacation of a 5 ft. utility easement, as shown in the attached Exhibit, "A" , in favor of Bay Road Venture, Inc., owner of the property located at 1401 Bay Road. BACKGROUND: On July 26, 1989, the Land Use and Development Committee set guidelines/criteria considering right-of-way and easement vacation requests, and recommended a case-by-case consideration of these applications. As set forth in these criteria and requirements for an application, the following items should be submitted with a request for vacation or abandonment: , , A minimum non - refundable application fee of $5,000 or the assessed land value. A title binder, title commitment or attorney' s opinion of title. A statement by the applicant as to how the vacation is in the best interest of the genre 'al public. The City's and other utilities' rights and needs for a utility easement. Any relocation co~;ts should be assumed by the applicant. A recent topographic survey by a registered surveyor of the applicant' s property and t3e subject City property. A plan showing the exact location and description of the subject City easement or right-of- way, with the proposed improvements and use. A map showing subject property and properties within a 375 foot radius. A list of the property owners within the 375 foot radius, and their mailing addresses on gummed labels. A certified letter stating the source and completeness of the above mentioned real property ownership list. 254 DATE I ~-t E Bay Road Venture Inc., owner of 1401 Bay Road, has completed the above application requirements and is requesting the vacation of a portion of the utility easement on the prope::'ty located at 1401 Bay Road, to the allow for the construction of a four story, 52-unit condominium project. This request was reviewed at the December 4, 1996 City Commission meeting ant. a public hearing scheduled for the December 18, 1996 meeting. ANALYSIS: In addition to the $5,000 application fee, Bay Road Venture, Inc. is responsible for the cost of relocating all of the utilities presently in the easement, in the rear of Lots 1 through 3 and through 12. CONCLUSION: The Administration recommends that the Mayor and City Commission authorize the vacation the utility easement, on the rear of Lots 1 through 3 and 10 through 12 as shown in the attache:d Exhibit "A" , in favor of Bay Road Venture, Inc. Encl. JGP~dP/vgk 255 This instrument prepared by: Raul J. Aguila, Esq. City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 ABANDONMENT OF RIGHTS TO EASEMENT WHEREAS, Bay Road Venture, Inc., owns the property located at 1401 Bay Roac, comprised of Lots 1 through 3 and 9 through 12, Block 79C, of Alton Beach Realty Co.'s Bay F:'or t Subdivision, as recorded in Plat Book 16, Page 1, of the Public Records of Dade County and is developing a condominium on this site (Project); and WHEREAS, the City maintains a five (5) foot utility easement in the rear of Lots 1 thro ag ~ 3 and 10 through 12 with existing utilities (Easement Area); and WHEREAS, Bay Road Venture, Inc. is requesting the vacation of the Easement Area; an I WHEREAS, the City is not now nor does it have any plans to use the Easement Area; an I WHEREAS, in order to expedite development of the Project containing and surroundin~ th ,~ Easement Area, the abandonment of all rights to the Area is required; and WHEREAS, the City has no objection to said abandonment and at its regular meetinl.,. c [ December 18, 1996, did adopt Resolution No. 96-22245, authorizing the vacation of the Easenter~ t Area in favor of Bay Road Ventures, Inc.. NOW, THEREFORE, in consideration of the premises and of other good and valuabl: consideration the receipt and sufficiency of which are hereby acknowledged, the undersigned C it>, for itself and its successors and assignees, hereby abandons, relinquishes and forever discharges all right, title, interest or claim it may have to use all or any part of that certain five (5) foot utilit" easement in the rear of Lots 1 through 3 and 10 through 12, of Block 79C, of Alton Beach Realt" Co.'s Bay Front Subdivision as recorded in Plat Book 16, Page 1, of the Public Records of Dad,., County, Florida. IN WITNESS WHEREOF, the undersigned has executed this Abandonment of Rights Easement this 8th day of October , 1997. Signed, sealed and delivered in the presence of: (Print N e) (Print Name) STATE OF FLORIDA ) )SS COUNTY OF DADE ) By: Attest: The City of Miami Beach, a municipal corporation Martin Shapiro, Vi~cMayor Robert Parcher, City Clerk APPROVED ~,3 TO FORM & LANGUAGE & FOR EXECUTION / The foregoing instrument was acknowledged before me this '! day of ~. ,' ~;~i' ~"'~' ,1 )9"by Ma~: tin Shapiro, Vice Mayor of the City of Miami Beach, a municipal corporatio;~ by and on behal ~ of said corporation. He is personally known to me/or has produced a; identification. My Commission expires: Notary Public Printed Notary Signature 2 AGREEMENT THIS AGREEMENT is made this 8th day of October , 1997, by and bet'.~,e :n BAY ROAD VENTURE, INC., a Florida corporation (the "Owner"), and the CITY OF MIAI lI BEACH, A FLORIDA MUNICIPAL CORPORATION (the "City"). RECITALS: A. The Owner is the owner of that certain real property described on Exhibit ", ~" attached hereto. B. The City and Owner have entered into that certain Amended and Restat:d Agreement dated July 17, 1996 whereby the City has agreed to provide certain funds in order l or the Owner to construct a 52-unit condominium project (the "Project") to be located on t~e property. C. The construction of such Project requires the vacation by the City of a 5 foot t filty easement which runs across the Southerly 5 feet of Lots 1, 2 and 3 and the Northerly 5 feet ot L, ~ts 10, 11 and 12. The City has agreed to such vacation subject to the Owner's constructing l :re Project in accordance with the plans (the "Plans") submitted by the Owner and approved by t~e City's Design Review Board at its October 1, 1996 meeting, File No. 7781. NOW, THEREFORE, in consideration of the mutual promises contained herein, the pl trt~ ~s do hereby agree as follows: reference. The Recitals set forth above are true and correct and are incorporated herein b'7 tl ~is 2. The Owner agrees that it will construct a 52-unit condominium project in accordance with the plans submitted by the Owner to the City. 3. The City and Owner agree that the recording of the certificates of occupancy 13r the project will be deemed satisfactory evidence of the Owner's completion of the projec~ a ~d satisfaction of its obligations hereunder. IN WITNESS WHEREOF, the parties have set their hands and seals on the firs:: d ~y written above. BAY ROAD VENTURE, INC. By: Robert F. Saland, President CITY OF MIAMI BEACH By ~ro_~ Na~e: Martin Shapi ItS: Vice Mayor Attest: City Clerk By: Robert Pareher, City Clerk Approved as to form bl Depar Legal : Date: APPROVED AS TO FORM & LANGUAG!!! & FOR EXECUTION -2- STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) 1997, by Robert F. Saland, as President of Bay Road Venture, Inc., a Florida corporation, ~ ~n behalf of the corporation. Personally Known / OR Produced Identification Type of Identification Produced 'nt r Sotamp Na~' Pri My Commission Expires: ~ ~.~s~ STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 1997, by I/~,.. , . ~ i. 4/.,;,.' :.. , as ~", .' /.-.,, ·. Florida municipal corporation, on behalf of the corporation. · day of i._ ,!.:I ~. ,,. , of the City of Miami Beach, a Personally Known OR Produced Identification Type of Identification Produced G:\W-CEG\33867\010\AGT Print or Stamp Name: - · ~' Notary Public, State of Florida at Large Commission No.: OmCtAt. NOTARY SE/~L LtLLIAN BEAUCHAP?,P My Commission Expires: NOTARY PUBLIC STATE O~: H.OR;~L CON~MtSSIO~Ij ,"40. C,,'2'345L;52 ~. MY COMM~cLS!()~.~ EXI'. FEB. LEGAL DESCRIPTION Lots 1, 2, 3, 9, 10, 11 and 12, Block 79C, of the RESUBDIVISION of Block 67 and 79, of ALTON BEACH REALTY COMPANY'S BAY FRONT SUBDIVISION, according to the Plat thereof, recorded in Plat Book 16, Page 1, of the Public Records of Dade County, Florida.