HomeMy WebLinkAboutNotice of Vacation
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JIoepared bY~ M.{.o .
Arnold A. Brown, Esquire
BiIzin Sumberg Dunn Baeoa Price
&. Axelrod LLP
1500 First Union Financial Center
:IlO South Biscayne Boulevard .
Miami. Florida 33131-7593
". 0 1R.63839 1 2001 NOV 19 15:51
NOTICE OF VACATION
By executing and recording this Notice, the City of Miami Beach puts of record the
content of Resolution No. 99"23402, by which the City of Miami Beach vacated existing 44th
Street as therein provided, subject to the conditions set forth in the Vacation Agreement
referenced therein. By executing and recording this Notice, the City of Miami Beach further
confirms that all of the conditions set forth in the Vacation Agreement referenced in said
Resolution have been complied with and satisfied.
IN WITNESS WHEREOF=fMiami Beach has caused this Notice of Vacation
to be executed as of the 11- of II ,2001.
City ofMimll Beach
APPROVED to form and language
fOr execution
'-
City Attorney
~CJJ
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APPROVED AS'Tl)
FORM & LANGUAGE.
& FOR EXECUTION
Print Name
STATE OF FLORIDA
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COUNTY OF MIAMI-DADE
NoticeofVa~1on~utedthi~.LlLdayof N~ .2001 by
and ~ e. ll!!,:Mayor and City Clerk, respectively,
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for and on behalf of the City of Miami Beach. 'Th:y are personally known to me.
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Sign Name:
PriDIl Name:
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My Commission Expires:
NOTAR
SeriII No. (none, if blank):
[NOTARIAL SEAL]
.-
~IlV PI/ OmCI^LNOrARYSSAl.
0" . .~... MMNIA TRUJILLO
c:~: () COMMISSION NUMfSER
; ~ CC697870
~ ~ M'/ COMMlSSlOll EXPIRES
OF F~O DEC. 21,21101
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20025PG4689
USOLUfION NO.
99-23402
A RESOLUfION OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE V ACA TlON OF 44TH STREET,
BETWEEN COLLINS AVENUE AND INDIAN CREEK DRIVE, TO
HOTELERAMA .ASSlOCIATES LTD., AS OWNER OF THE FONTAINEBLEAU
HILTON RESORT AJlIDTOWERS, LOCATED AT 4441 COIllNSAVENUE; SAID
VACATION IN EXCHANGE FOR HOTELERAMA'S AGREi'MENT TO CONVEY
OR DEDICATE TO THE CITY CERTAIN PROPERTY CONTROLLED BY
HOTELERAMA FOR THE RELOCATION AND CONSTRUCI10N OF A "NEW"
44TH STREET; s.un RELOCATION AND CONS11lUCTlON TO BE
UNDERTAKEN AND COMPLETED BY HOTELERAMA AT NO COST TO THE
CITY; FURTHER, GRANTING EASEMENTS TO THE CITYJORLANDSCAPING
OVER THE SURFACE OF OTHER PROPERTY CONTROLLED BY
HOTELERAMA; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A V ACA1lON AGREEMENT, MEMORIALIZING THE TERMS AND
CONDmONS OFTHEAFORESTATED TRANSACflON, AS WELL AS ANY AND
ALL OTHER DOCUMENTS NECESSARY TO EWEcruATE THE
CONVEYANCES AND GRANT OF EASEMENTS, AS CONTFMPLA TED HEREIN.
WHEREAS, Hotele:lllml Associates, Ltd. (Hotelc:rama) owns the F-..ind:lleau Hilton and
T owen, located at 4441 Collins Avenue, BOd intends to renovate and improw said existing property
with the construction of a new two hundred and fifty unit condominilll1&tel building, which
includes a new vehicular and paiestrian arrival plaza, to be located at the JRSCnt location of 44th
Street, between Collins Avenue and Indian Creek Drive; and
. WHEREAS. the City's Design Review Board approved this project 011 November 17, 1997,
contingent, among other things, ~n the Mayor and City Commission and the Florida Department
of Transportation's approval of the vacation and relocation of the existing 44th Street, between
Collins Avenue and Indian Credr. Drive; and
WHEREAS. accordiDgly, in connection with Hotelerama's proposed project, 44th Street
must be relocated southward DB property controlled by Hotelerama; and
WHEREAS, in COnDe- rilln with the aforestated relocation, Hotelenma has requested that
the City vacate that portion of tile existing 44th Street, between Collins AVl:IIUe and Indian Creek
Drive, in exchange for Hoteten.a's agreement to convey or dedicate to the City certain property
controlled by Hotelerama for the idocation and conslJ1lction of a "new" 44th Street, said relocation
and construction to be undertakm by Hotelerama, at no cost to the City; and
WHEREAS, in COJlDCo n.w. with the proposed vacation and relocatiOll and construction of
the "new" 44th Street, Hote1erama bas further agreed to grant easements to the City for landscaping
over the surface of other propert}' controlled by Hotelerama; and
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WIlEREAS, the Administration has met with Hotelerama's representatives, as well as
representatiw:s fiom the Florida Department ofTransportllion, with regard to the proposed vacatioa
of the existitg 44th Street, and the proposed relocation aod constJUction of the "new" 44th Street;
and
WlllllEAS, pursuant to the aforestated discussions, the City and Hotelerama have
negotiated 6t Utached Vacation Agreement, mcmon.Jizing the tcnDS and conditions of the
proposed V8AIIion. relocation. and improvements to be undertaken; and
WBIllEAS, the Administration has reviewed Hotclenuna's request for the proposed
vacation. plDUllll to the CriterialStandards for Vacation ~ Abandonment ofStrects or other Right-
of-Ways, aseslllblished by the City's Land Use and Development Committceon July 19, 1989, and
with regard 10 the requirc!llents of Ordinance No. 92-2783 (the Ordinance), governing the sale and/or
lease ofCitypmpcrty; and
WIIIRL\S, as required by the Ordinance, at its n:guIar meeting on September 14, 1999,
the Mayor lIDII City Commission set a public hearing for Octobel' 6, 1999. to hear public comment
regarding the proposed vacation and the conveyance incicbJt thereto; and
WHIRIAS, on October 6. 1999, said public hearing was opened and continued to
December 1,1999; and
WBIREAS, as also required by the Ordinance. the City's Planning and Zoning Department
has prepared 111 malysis of the proposed vacation, using the criteria set forth in the Ordinance; and
WHI!RI:AS, the Ordinance defines the "sale" of City property to include "any conveyance,
transfer. gift, admnge or other transaction in which legal title passes from the City to any person
or entity"; lIIIlI
WIII'REAS, the Ordinance provides that there shaD be no sale of City property unless there
has been an lIlMrtised public bidding process and an indcpeodent appraisa1 of the fair market value
of said propedy, but, with regard to any sale, said requirements may be waived upon a 5nths vote
of the Mayor m:I City Commission, upon a finding that Ihe public interest would be served by
waiving such cmditions of bidding and/or appraisal for thc disposition of the property; and
WHERUS, accordingly, the Administratioa bas received an appraisal, prepared by Joseph
Blake and ,4,.....m""'. Inc., relative to the proposed property to be vacated. but would request, due
to the intrinsically unique nature of the proposed vacation. that the Mayor and City Commission
waive the biddiDg requirements and, following said duly advertised public hearing, approve the
proposed vacalioo of 44th Street, between Collins Avenue aod Indian Creek Drive, to Hotelerama,
subject to the tams and conditions of the attached Vacation Agreement.
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20025PG4691
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
I. Pursuant to the requiRments of Ordinance No. 92-2783, goVlDing the sale and/or
lease of City property, the Mayor and City Commission herein waive, by S!7thsvote, the condition
of bidding with regard to the proposed vacation, finding that the public interest would be served by
such waiver.
2. Following a duly noIiccd public hearing to hear public ,.~..nt regarding the
proposed vacation, the Mayor and City Commission herein approve the VlICIIion of 44th Street,
between Collins Avenue and Indian Cleek Drive, to Hotelerama Associates, Ld., as owners of the
Fontainebleau Hilton Resort and ToWClS, located at 4441 Collins Avenue, suI:jcct to the terms and
conditions set forth in the attached Vaamon Agreement between the City and ",*,erama, including,
but not limited to, Hotelerama' s agn:ement to conveyor dedicate to the City certain property
controlled by Hotelerama for the relOCllion and constnJction of a "new" 44th Stna, to be undertaken
and completed by Hotelerama at no cost to the City; and further granting po~ts to the City for
landscaping over the surface of other property controlled by Hotelerama.
3. The Mayor and City Clerk are herein authorized to execute the attached Vacation
Agreement; additionally, the Mayor IIIlI City Clerk are herein authorized to Cl[ecute any and all
nco""""o')' documents, including but IIIIllimited to such deeds and easements 85 may be necessary.
to effectuate the proposed vacation Ed comply with any and all other tems of the Vacation
Agreement.
PASSED and ADOPTED this 1st day of
::~!n
ATTEST: .
JJLuAr f(1).~
CITY CLERK
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':\A TTOV.OUI.\AJ!SOS'MKTl.I.NA.vo
APPIOVED AS 10
FORM & lANGlJAGf
& FOI EXECUTION
I llereby certi1Y !bat tile above and a1bregoiDg isa
true copy of In witllc9& thereof 1 set my band and
;cal uris~(day of ,])ft'(...~}9 '11 .
BY~4L'f:;:;f
DE (Seal
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CiIy AIlomey
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Date
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c;DADEOO<.MY. /Wl!lO.)
RECORD II&RII'IED
HARVEY RUVIN
CLERK ClRCurr colJlfT