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Resolution 81-16860"T RESOLUTION NO. 81-16860 A RESOLUTION OF THE CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT OF A PORTION OF CITY RIGHT-OF-WAY AND VACATING SAME; AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED EVIDENCING SUCH VACATION AND ACCEPTING AN EASEMENT AND RIGHT OF USE FOR SAID PROPERTY. WHEREAS, the owner of the real property described in the attached Exhibit "B" , has petitioned the City Commission of the City of Miami Beach to vacate said right-of-way easement; and WHEREAS, said right-of-way has been abandoned by the public; and WHEREAS, the vacation of the subject right-of-way is deemed to be in the best interest of the City of Miami Beach and its citizens; and WHEREAS, the Public Works department recommends that the City accept an easement and right of use easement for said property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City surrenders all its right, title and interest to the property described in the attached Exhibit "B" and authorizes the execution of a Quit Claim deed evidencing same and accepting for said property a declaration of easement and right of use. PASSED and ADOPTED this 2nd day of December , 1981. Mayor ATTEST: City Cl rk LTA/mp APPROVED LEGAL D RTME • Date OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 E22 CG -6 PA 3: ,5.C1 7 8 c R QuiT CLAIM D11313 R .9 "F 11522 pc. 98 r:: 11674 pt 110 c, t_ THIS QUIT CLAIM DEED, executed this 27th day of N) 1982 1 July , by the CITY OF MIAMI BEACH, a municipality in Dade County, State of Florida, first party to INDECO HOLDINGS LTD. , c?? a Foreign corporation, whose post office address is 777 Brickell Avenue, Suite 510 Miami Fla 33131 , second party: WITNESSETH: That the said first party, for and in consideration of the sum of $10. 00 in hand paid by the said second co cs..) party, the receipt of which is hereby acknowledged, does hereby CD remise, release and quit-claim unto the said second party forever , co co all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Dade, _ State of Florida, to-wit: SEE ATTACHED EXHIBIT "B" NOTE : This document is being rerecorded to correct a scrivener ' s error which appears in Exhibit "B" to this instrument . TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise apper- taining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or 1 equity, to the only proper use, benefit and behoof of the said second party forever. THIS CONVEYANCE is being made pusuant to that certain resolution by the City Commission of the City of Miami Beach, Dade County, Florida, dated Dec. 2, 1981 (Res. 81-16860) , which resolution is attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. • ' CITY COMMISSION OF THE CITY OF MIAMI BEACH DADE COUNTY, FLORIDA t, Mayor ATTEST: /// S ; Documentary tramps collected De• County C1c,k Ce:t ,i1,790,tvorti City Clek By c% c< 7 \I , .,.• •„ • • ri,,\,r P41 ^(- 1 nqinn '1 1522 Pn 99 STATE OF FLORIDA ) ) ss: 11674 pc IIT II COUNTY OF DADE ) K I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared NORMAN CTMF.NT 'I1 and ELAINE MATTHEWS being the Mayor and the City Clerk of the City Commission of the City of Miami Beach, Dade County, Florida, known to me to be the persons described in and who executed the foregoing Quit Claim Deed and they acknowl- edged before me that they executed the same, on behalf of and as authorized signatories of the City of Miami Beach, Dade County, Florida. WITNESS my hand and official seal in the County and State 1982 ��J_, , aforesaid, this 27th day of July ! E,' -me e NOTARY PUBLIC, State of Florida ,'• j -�.,` : at Large •�._ `, 4Myr,;' 0Fassion Expires: NOTARY PUBLIC STAiE OF FLOKIDA Al MY COMMfSS1ON E:PIkE5 SEPT 7 19 C3 BONDED i ixu GENERAL INS, UNDERWRITERS rn • • 1 PPROVED ; ECRL DEPA,TMENT: . riV2. Date —2— nrFlcr pr THE !'ITV Kr '11522 PC 10011674 Pt. .1 -1• 3 EXHIBIT "B" • Parcel B All of that certain part of Avenue "D" (now Fifteenth Street) , as shown on a plat of Fisher ' s First Subdivision of Alton Beach, re- corded in Plat Book No. 2, page 77 of the Public Records of Dade County, Florida, (lying and being in the Southeast Quarter (SE1/4) of Section Thirty-four (34) , Township Fifty-three (53) South, Range Forty-two (42) East, situated in the City of Miami Beach, County of Dade, State of Florida) and more particularly described as follows: BEGINNING at a point, said point being on the south line of Avenue "D" (now Fifteenth Street) , a distance ofand ed seventeen and nine tenths (117 .90) feet easterly of the-fe� cas - corner of block seventy-seven (77) of the said Fisher ' s First Subdivision of Alton Beach; thence in a northerly direction a distance of thirty-five and forty-nine hundredths (35. 49) feet to the center line of Avenue "D" (now Fifteenth Street) ; thence along the center line of said Avenue "D" in an easterly direction a distance of two hundred ten and sixty-three hundredths (210 . 63) feet, more or less to the erosion control line per Plat Book 105, page 62; thence southerly along the said erosion control line per Plat Book 106 , page 62 of the Atlantic Ocean for a distance of thirty-five and sixteen hundredths (35 . 16) feet, more or less, to an intersection with the said south line of Avenue "D" (now Fifteenth Street) produced easterly; thence westerly along the said south line of Avenue "D" (now Fifteenth Street) pro- duced easterly for a distance of two hundred thirteen and twenty hundredths (213 . 20) feet more or less, to said-4)0141.t-0£-beginning. northeast corner of Block 77 . NOTE : This instrument is being rerecorded to correct a scrivener ' s error in which the northwest corner of block 77 was mistakenly referred to as the northeast corner. RECORDED IN O•F:'.IAL RCW11D5 bt - OF C.ACE C:\'.i . FlOn1DA. PIMA: Vi61➢.:7 RICHAFI)P.fRINIA. . Gi,Giil► ct iiI GOURI in.-af__ 111 DM=MORDI kepi OP C.;DE MINTY. AAP.DA. FERIFEEL F.I111.S P.D P.BRI;\'KFR, • CU I r. C'S;5I1 C^J^t rr'Ji .11522 PC 101 �.• 11674 -L 112 RESOLUTION NO. 81-16860 A RESOLUTION OF THE CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT OF A PORTION OF CITY RIGHT-OF-WAY AND VACATING SAME; AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED EVIDENCING SUCH VACATION AND ACCEPTING AN EASEMENT AND RIGHT OF USE FOR SAID PROPERTY. WHEREAS, the owner of the real property described in the attached Exhibit "B" , has petitioned the City Commission of the City of Miami Beach to vacate said right-of-way easement; and WHEREAS, said right-of-way has been abandoned by the public; and WHEREAS, the vacation of the subject right-of-way is deemed to be in the best interest of the City of Miami Beach and its citizens; and WHEREAS, the Public Works department recommends that the City accept an easement and right of use easement for said property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City surrenders all its right, title and interest to the property described in the attached Exhibit "B" and authorizes the execution of a Quit Claim deed evidencing same and accepting for said property a declaration of easement and right of use. PASSED and ADOPTED this 2nd day of December , 1981. • Mayor ATTEST: City-• )414t1Lbla—AILAA ) Clrk STATE OF FLORIDA COUNTY OF DADE: I, ELAINE MATTHEWS, City Clerk of the City of Mianji Beach,F'::rida,do hereby certify that thS,abotre and foregoing is a true and correct'copy of the original thereof on ria fn this office. LTA/mp WITNESS,my hand and the seal of said City this 9 day of_y.1.y A.D. 19 APPROVED • ELAINE MATTHEWS LEG4L D RTME • ' City Cerk of the City of Kam Beach,Florida • ,� ,` 0 • Dec, .-+ • El ,rI' IR OFF'^!R: R(T RJR tOM 1( l 1 , �1 Of r'R.•! FlOr JaA. ![- 82 R. 41883 441 FEB 24 AN 8 35 • . o== r 11361 i b95 K- 11614 Fc 114. NOTE : this document is beine rerecorded to correct a scrivener ' s error which appeared in Exhibit "B" to the Declaration of Easement and Right of Use and Quit Claim Deed being rerecorded with this instrumen UNITY OF TITLE AGREEMENT THERE HAVE BEEN NO CORRECTIONS MAUL ON : H1S INSTRUMENT. IT IS BEING RE-RECORDED IN CONJUNCTION WITH THE OTHER INSTRUMENTS NAMED ABOVE . CO WHEREAS, the undersigned is the owner ("Owner") of that property Gs> • in Miami Beach, Dade County, Florida, described in Exhibit "A" and Exhibit � . "B" attached hereto and made a part and parcel hereof; and N CD WHEREAS, Owner recognizes and acknowledges that for the public benefit the herein-described property should not be divided into separate parcels owned by several owners so long as the same is put to the herein- w after use; and cn In considerationn of the issuance of a permit for construction, and for other good and valuable considerations, Owner hereby agrees to the use of the subject property in the following manner: 1. Said property shall be considered as one plot and parcel of • land and no portion of said plot and parcel of land shall be sold, trans- m ferred, devised or assigned separately, except in its entirety as one plot co or parcel of land. 0 2. Owner further agrees that this condition, restriction, and rn i limitation shall be deemed a covenant running with the land and shall remain a in full force and effect and be binding upon the Owner, Owner's successors N and assigns, until such time as the same may be released in writing by the N Director of the City of Miami Beach Building and Zoning Department or the executive officer of the successor of such Department, or, in the absence of such director or executive officer, by the assistant in charge of the office in the Director's absence. This Agreement shall not be interpreted to pre- 1 s clude the development of the subject property for condominium or commercial purposes, or the sale of condominium or commercial units therein. I ; Signed, sealed, executed and acknowledged this 14th day of January, 1982, at Miami Beach, Florida. WITN'S ES: 1, INDECO HOLDINGS, INC. / By: /77 / LESTER COLO , JR. , ( ( i / / Vice President 3 . The provisions of Miami Beach Ordinance 1891 , Sec . 9-3-B shall be complied with. WITNESSES : / INDECO HOLDINGS , INC. I t r /` By: - !/ I ' LESTER COLODNY , JR. I Vice President i 414-1 Subscribed and sworn to before me this L day of 1982 . . ,Qy • rotary Public, State of : - 'dar.�.a LBrc_ My commission expires : s• J i;L.'a:) :',-1::, 5,J ;:` cr rlo%:'s at iaf;�q % ' TE C i My Comrri�sion Expires 4.30-85 11674 115 N 59,5 • • PARCEL I EXHIBIT "A" Lots 1 , 2 , 3 and 4 , of HARRISON b HAYES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 9 , at Page 73 , of the Public Records of Dade County, Florida; AND ALSO: TRACT A: That part of Lots 1 and 2 , Block 77 , of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof , recorded in Plat Book 2 , Page 77 , of the Public Records of Dade County , Florida, lying East of the following described strip of land , to- wit: Beginning eat the Northeast corner of Lot 5 of HARRISON AND HAYES SUBDIVISION as per plat recorded in Plat Book 9 , Page 73 , this corner being also on the South line of Block 77 of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, as per plat recorded in Plat Book, 2 , Page 77 , all of the Public Records of Dade County , Florida, and 248 . 96 feet Easterly of the Southwest Corner of the said Block 77 ; thence Northerly and perpendicular to the said South line of the said Block 77 for a distance of 100 feet to a point on the North line of said Block 77 and 232. 10 feet Easterly of the North- west corner of said Block 77; thence Easterly along the said North line of said Block 77 for a distance of 50 feet; thence Southerly and perpendicular to the said North line of said Block 77 for a distance of 100 feet to the Northwest corner of Lot 1 of the said HARRISON AND HAYES SUBDIVISION, this corner being also on the said South line of the said Block 77 and 298 .96 feet Easterly of the said Southwest corner of the said Block 77 ; thence Westerly along the said South line of Block 77 to the said Northeast corner of the said Lot 5 , the point of beginning , being Ocean Drive Extended ed Northerly. AND ALSO: TRACT B: All that certain tract or parcel of land lying and being in the SE 1/4 of Section 34 , Township 53 South , Range 42 East , situated in the City of Miami Beach, County of Dade , State of Florida, and more particularly described as follows : Beginning at the Northeast Corner of Lot 2 of Block 77 of FISHER' S FIRST SUBDIVISION OF ALTON BEACH, as per plat recorded in Plat Book 2 , Page 77 , of the Public Records of Dade County, Florida; thence Southerly along the Easterly line of the said Lot 2 and the Easterly linc of Lot 1 of the said Block 77 for a distance of 101. 4 feet to the Southeast corner of the said Lot 1 , of the said Block 77 ; thence Easterly along the South line of said Lot 1 , produced Easterly for a distance of 129 feet, more or less , to the mean high water mark of the Atlantic Ocean; thence Northerly meandering along the mean high water mark of the said Atlantic Ocean for a distance of 101. 4 feet, more or less , to an intersection with the North line of the said Lot 2 , of the said Block 77 , produced Easterly; thence Westerly along the said North line of the said Lot 2 produced Easterly for a distance of 123 feet , more or less , to the said Northeast Corner of Lot 2 , the said point of beginning , containing 0. 29 of an acre, more or less , together with all riparian rights of every nature whatsoever appurtenant and adjacent thereto, and thereunto belonging , or is anywise appertaining thereto. AND ALSO: -CON 'T.- 116/4PC, 1 ! . 6n� 11361 t� 897, • TRACT C: pll of that certain part of Avenue "D" (now Fifteenth Street) as shown on a Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, recorded in Plat Book 2 , Page 77 , of the Public Records of Dade County, Florida, (lying and being in the SE 1/4 of Section 34 , Township 53 South, Range 42 East , situated in the City of Miami Beach, County of Dade, State of Florida) , and more particularly described as follows : Beginning at a point on the South line- of the said Avenue "D" (now- Fifteenth Street) which said point is the Northeast corner of Block• 77 of the said FISHER'S FIRST SUBDIVISION OF ALTON BEACH; thence Northerly along the East line of said Block 77 produced Northerly for a distance of 35. 49 feet to the center line of said Avenue "D" (now Fifteenth Street) ; thence Easterly along the said center line of Avenue (D) (now Fifteenth Street) produced Easterly for a distance of 123 feet, more or less , to the mean high watermark of the Atlantic Ocean; thence Southerly meandering along the said mean high water mark of the Atlantic Ocean for a distance of 35. 49 feet , more ' or less , to an intersection with the said South line of Avenue "D" (now Fifteenth Street) produced Easterly; thence Westerly along the said South line of Avenue "D" (now Fifteenth Street) produced Easterly for a distance of 123 feet, more or less , to the said Northeast corner of Block 77 of the said FISHER'S FIRST SUBDIVISION OF PLTON BEACH, the point of beginning, containing 0. 10 acres , more or less , together with all riparian rights of every nature whatsoever 1 appurtenant and adjacent thereto, and thereunto belonging, or in anywise appertaining thereto. 1 TE r•' 11674 rc I IT EXHIBIT "B" fr'r 113t) 898 PARCEL II Lots 5 and 6 of HARRISON & HAYES Plat thereof, as recorded inPlatBook SUBDIVISION, Pageataccording to the 73 1 Records of Dade County, Florida. ' 73 of the Public Lots Ten (10) , Eleven (11) , and Twelve (12) , of HARRISON & HAYES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 9, Page 73, of the Public Records of Dade County, Florida, excepting that portion of Lot 10 of Harrison & Hayes Subdivision, described as follows : The South 5 feet of Lot 10, of HARRISON & HAYES SUBDIVISION, together with that portion of Lot 10 immediately North of the said South 5 feet of said Lot 10 described as follows : • Begin at a pipe on the Northerly line of the South 5 feet of Lot 10 of the aforesaid Subdivision, said pipe being 54 . 89 feet east- erly of a point where the northerly line of the South 5 feet of Lot 10 of the aforesaid Subdivision intersects the easterly line of Collins Avenue as shown on a plat of dedication of Meridian , Euclid, Pennsylvania, Drexel, Collins and Miami Avenues, accord- ing to the Plat thereof, recorded in Plat Book 6 , Page 172 , of the Public Records of Dade County, Florida; thence go Northerly at an interior angle of 89 degrees 52. minutes a distance of 23. 18 feet to a pipe; thence go easterly at an interior angle of 90 degrees 17 minutes a distance of 24 .65 feet to a pipe ; thence go southerly at an interior angle of 89 degrees 34 minutes a dis- tance of 3 feet to a pipe; thence go easterly at an interior angle of 89 degrees , 34 minutes a distance of 50. 67 feet along a line parallel to the south line of Lot 10 of aforesaid Subdivision; thence go southerly along the easterly line of Lot 10 of aforesaid Subdivision a distance of 20 .78 feet to a pipe on the northerly line of the southerly 5 feet of Lot 10 of aforesaid Subdivision; thence go westerly along the northerly line of the South 5 feet of Lot 10 of aforesaid Subdivision a distance of 75. 36 feet to the Point of Beginning ; less and except the westerly most ten (10) feet thereof. RECDFDED IM OFFICIAL FECOF7= ,�� CEDE COVt+TY. FLOFIDA. RECOFC YEFIFIED RICFI RSI p ERP\KE1 L CLRK CIRCULI COV.RI 1 ..•:r IC7 p 1\LCLi.iIL1 P.BR \KER, WRY, CI�,.u1T COURT 1 E)LAU3 -6 P;i 3 EO 8 2 R I 78561 a / .n'` 1. 1522 2� 102 r� 11674 pc 118 s' m DECLARATION OF EASEMENT AND RIGHT OF USE z NOTE : THIS DOCUMENT IS BEING RERECORDED TO CORRECT A SCRIVENER ' S ERROR WHICH APPEARS ON EXHIBIT "B" TO THIS INSTRUMENT . - cp THIS DECLARATION , made this 31 day of December , 1981, byc9 CFI INDECO HOLDINGS LTD. , a foreign corporation, with offices located at— Suite 510 , 777 Brickell Avenue , Miami , Florida , referred to as "Declarant" . co co WITNESSETH: o rn CO WHEREAS, Declarant is the owner of certain real property") . located in Miami Beach, Dade County, Florida, more particularly described in Exhibit "A" which is attached to and made part of this instrument; and WHEREAS, Declarant wishes to grant to the City of Miami 1 Beach an easement on a portion of the above-described property for pedestrian use as an access to the beach and ocean front area and for future installation of utility service or utility use; NOW, THEREFORE, in consideration of the sum of ten dollars ($10 .00) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, Declarant, as owner of the above-described real property, hereby grants and gives to the City of Miami . Beach, its successors and assigns, a perpetual ease- ment and right of use for that certain real property referred to in this instrument as Parcel B which is located in Miami Beach, Dade County, Florida, and more particularly described in Exhibit "B" which is attached to and made part of this instrument: 1. Declarant covenants with the City of Miami Beach that no building or structure of any kind shall be built on Parcel B and that Declarant intends this to be a covenant running with the land and to be binding on all present and future owners of or parties who . may have an interest in Parcel B. 2. Declarant, at its own expense, shall construct a dune cr".s.s'ing landscape and agrees to maintain such improvements on Par- 45 f ,,,, —1— I,f ,•.� 1 n i Cooft. /;?,10/]t .9 0C (r) '' .11522 rc 103 116T4 .c 1 .19 cel B in accordance with the plans and specifications for the City ' s Beach Front Park and Promenade . 3. Declarant grants this easement and right of use for pedestrian and vehicular access across the drive in accordance with the City' s overall Beach Front Park and Promenade plan. Parcel B shall be maintained as a "green area" and shall not be used for any other purpose which is not expressly contemplated by this instrument and which is inconsistent with the public right of ingress and egress to the beach and ocean front area. 4 . Declarant further grants an easement and right of use to the City of Miami Beach for the installation of utility service or utility use and their related functions. 5. Declarant reserves unto itself, its successors and assigns, the reversion or reversions thereof, or any part thereof , whenever these easements and rights are vacated or abandoned. 6. Grantor agrees to construct that portion of the City' s proposed Beach Front Park and Promenade which transverses the erosion control line for the full length of Declarant ' s easterly property line. IN WITNESS WHEREOF, the Declarant, INDECO PROPERTIES LTD. , has caused this instrument to be executed by an authorized officer or agent of the company and has affixed its corporate seal on the day and year first above written. INDECO P OPJFiRTIES LTD. By: CORPORATE SEAL vic/�j President Lester Colodny, Jr. Signed, sealed',and delivered in the presence".,of: CIt(2JLJv ' STATE OF FLORIDA ) i ) SS: COUNTY OF DADE ) -2- 11522 104 11674 pc 120 �UG I HEREBY CERTIFY, that on this '/ day of , 198", before me personally appeared LESTER COLODNY, an authorized agent of INDECO PROPERTIES LTD. , a foreign corporation, to me known to be the person described in and who executed the foregoing Declaration of Easement and Right of Use to the CITY OF MIAMI BEACH, FLORIDA, and acknowledge the execution to be his and the company' s free act, for the uses and purposes contained herein, and that he affixed the of- ficial seal of the corporation and the instrument is the official act of the corporation. WITNESS my hand and official seal this <=2/ day of • P�Yery Ptt''^ r' a of ods ft: !15'c'3 `OTARY PUB IC, §1" ,J p'), Cor—: ... • .:,ti:° Er ty 9u, 13?3 FLORIDA 'AT LARGe ' gondsa :.. .s :.:;: :::; Lami; A-,9:'O My Commission Expires: 1 STATE THIS DECLARATION is accepted by the City Commission of the CITY OF MIAMI BEACH, FLORIDA, this 2nd day of December, 1981. C i MAYOR ATTEST CITY CLERK APPROVED LEGAL DEPT. By 7 "1 60.'4 Date -3- K, 11522 FG 105 irrT ;- H674PG 121 FARCEL 1 EXHIBIT 'A' Lots 1, 2, 3 and 4 , of HARRISON L HAYES SUBDIVISION according to the Plat thereof, recorded in Plat Bock 9, at Page 73, of the Public Records of Dade County, Florida; AND ALSO: TRACT A: That part of Lots 1 and 2, Block 77, of FISHER'S FIRST • SUBDIVISION OF ALTON BEACH, according to the Plat thereof, recorded in Plat Book 2, Page 77, of the Public Records of Dade County, Florida, lying East of the following described strip of land, to- wit: • Beginning at the Northeast corner of Lot 5 of HARRISON AND HAYES SUBDIVISION as per plat recorded in Plat Book 9, Page 73, this corner being also on the South line ofl Block fiFISHBook F 2, FIRST SUBDIVISION OF ALTON BEACH, as per p lat Page 77, all of the Public Records of Dade County, Florida, and 248.96 feet Easterly of the Southwest Corner of the said Block 77; thence Northerly and perpendicular to the said South line of the said Block 77 for a distance of 100 feet to a point on the North line of said Block 77 and 232.10 feet Easterly of the North- west corner of said Block 77; thence Easterly along the said North - line of said-Block 77 for a distance of 50 feet; thence Southerly end perpendicular to the said North line of said Block 77 for a distance of 100 feet to the Northwest corner of Lot 1 of the said HARRISON AND HAYES SUBDIVISION, this corner being also on the • said South line of the said Block 77 and 298.96 feet Easterly of - the said Southwest corner of the said Block 77; thence Westerly along the said South line of Block 77 to the said Northeast corner of the said Lot 5, the point of beginning, being Ocean Drive Extended Northerly. AND ALSO: TRACT B: All that certain tract or parcel of land lying and being in the SE 1/4 of Section 34, Township 53 South, Range 42 East, situated in the City of Miami Beach, County of Dade, State of Florida, and more particularly described as follows: Beginning at the Northeast Corner of Lot 2 of Block 77 of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, as per plat recorded in Plat Book 2, Page 77, of the Public Records of Dade County, Florida; thence Southerly along the Easterly line of the said Lot 2 and the Easterly line of Lot 1 of the said Block 77 for aodistanceiof01.47feet to thtoce I the Southeast corner of the said Lot 1, saidBlock Easterly for Easterly along the South line of said Lot 1, produced a distance of 129 feet, more or less, to the low water mark of the Atlantic Ocean; thence Northerly meandering along the low water mark of the said Atlantic Ocean for a distance of 101.4 feet, more • or less, to an intersection with the North line of the said Lot 2, of the said Block 77, produced Easterly; thence Westerly along the said North line of the said Lot 2 produced Easterly for a distance • of 123 feet, more or less, to the said Northeast Corner ofLotreo2, the said point of beginning, containing 0.29 of an acre, less, together with all riparian rights of every nature whatsoever • appurtenant and adjacent thereto, and thereunto belonging, or in anywise appertaining thereto. AND ALSO: TRACT C: A1; of that certain part cf Avenue 'D' (now Fifteenth Street) an shown on a Plat of FISHER'S FIRST SUBDIVIS1Cm OF ALTOS BF kCI , recorded in Plat Book 2, Paes 77, of the Public Records of Date County, Florida, (lying and being in the SE 1/4 of Section 34, Township 53 South, Range 42 Last, situated in the City of Kiaai Beach, County of Dade, State of Florida) , and more particularly described as foliowLi Leginring at a point on the South line of the said Avenue 'D' (now Fifteenth Street) which said point is the Northeast corner of Block 77 of the said FISHER'S FIRST SUBDIVISION OF ALTVN REACH; tl.cr.ce Norther11 along the Fast line of said Block 77 produced • Northerly for a ,tistance of 35.49 feet to the center line of said Avenue 'D' (new Fifteenth Street) ; thence Easterly along the said center line of Avenue (D) (now Fifteenth Street) produced Latterly fr A 4tir.trnce of 11'3 feet , role or Ire.' , to the low writer perk of --- _ .___ 1 . 11522 n 106 . . . . , _ 11674 n 122 • . . ... .. • • . . , • . . . . . . . . . , . • I . . , . • . r ' • ' - • . . . . . . n • . . . 1 . . • ' : • . • . ;. • • • . • . • r •.• _ . • ' .:i• ' - i. • • ' • ' • - .: :••• ..• . • • I ••.,1. i . the Atlantic Ocean; thence Southerly meandering along the said low water mark of the Atlantic Ocean for a distance of 35.49 feet, more or less, to an intersection with the said South line of Avenue 'D" - (now Fifteenth Street) produced Easterly; thence Westerly along the Laid South line of Avenue "D" (now Fifteenth Street) produced Xasterly for a distance of 123 feet, rore or less, to the said Northeast• corner of Block 77 of the said FISHER'S FIRST SUBDIVISICN CF ALTON BEACE, the point of beginning, containing 0.10 acres, more or less, together with all riparian rights of every nature whatsoever -a-i-purtenant and adjacent thereto, and thereunto belonging, or in anywise appertaining thereto. • . . ' • , . . . AND • • - ' , . • .-. Lots 5 and 6 of HARRISON 4 HAYES SUBDIVISION, according to the • Plat thereof, as recorded in Plat Book 9, at Page 73 of the Public -Records of Dade County, Florida. _ PARCEL III . . ;• ' Lots Ten (l0) , Eleven (11) , and Twelve (12) , ofHARRISON i HAYES SUBDIVISICN, according to the Plat thereof, recorded in Plat Bock 9, Page 73, of the Public Records of Dade County, Florida, excepting that portion of Lot 10 of Psrrison 4 Hayes Subdivision, described as follows; The South 5 feet of Lot 10, of HARRISON fi . HAYES SUBDIVISION, together with that portion of Lot 10 immediately North of the said South 5 feet of said Lot 10 described as follows: Begin at a pipe on the Northerly line of the South 5 feet of Lot 10 of the aforesaid Subdivision, said pipe being 54.89 feet east- erly of a point where the northerly line of the South 5 feet of Lot 10 of the aforesaid Subdivision intersects the easterly line ' - of Collins Avenue as shown on a plat of dedication of Meridian, . . Euclid, Pennsylvania, Drexel, Collins and Miami Avenues, accord- , ins/ to the Plat thereof, recorded in Plat Took 6, Page 172, of the Public Records of Dade County, Florida; thence go Northerly 1 at an interior angle of 89 decrees 52 minutes a distance of 23-18 1 feet to a pipe; thence go easterly at an interior angle of 90 degrees 17 rinutes a distance of 24.65 feet to a pipe; thence go southerly at an interior angle of 89 degrees 34 minutes a dis- tance of 3 feet to a pipe; thence go easterly at an interior • . angle of 89 degrees, 34 minutes a distance of 50.67 feet along a line parallel to the south line of Lot 10 of aforesaid Subdivision; • thence go coutherly. along the easterly line of Lot 10 of aforenaid Subdivision a distance of 20.78 feet to a pipe on the northerly , • line of the southerly 5 feet of Lot 10 of aforesaid Subdivision; thence go westerly along the northerly line of the South 5 feet . of Lot 10 'of aforesaid Subdivision a distance of 75.36 feet to .. the Point of Beginning. . .- ''-.. . . . .. . - - . - . . - -. . . • - - - - - _ . . . . - - • - . - . - . . . . . . . .- . - , , . . - • , . _ . . . --. . - - • . . - - . • - . ... - • - , . • . - • .-. - . - -.. - , - • ' • - ..... . • - . . . ' . - . . ... - • - • • - • - • • . . . . -• . . . - . . . . . . • • . __ . . . - . K f 1152 �� I .;7 r,. 1. 167.4 123 EXHIBIT "B" Parcel B All of that certain part of Avenue "D" (now Fifteenth Street) , as shown on a plat of . Fisher ' s First Subdivision of Alton Beach, re- corded in Plat Book No. 2, page 77 of the Public Records of Dade County, Florida, (lying and being in the Southeast Quarter (SE1/4) of Section Thirty-four ( 34) , Township Fifty-three (53) South, Range Forty-two (42) East, situated in the City of Miami Beach, County of Dade, State of Florida) and more particularly described as follows: BEGINNING at a point, said point being on the south line of Avenue "D" (now Fifteenth Street) , a distance of $r27,ttlj r�c rted seventeen and nine tenths (117 .90) feet easterly of the - ortheast-corner of block • seventy-seven (77) of the said Fisher ' s First Subdivision of Alton Beach; thence in a northerly direction a distance of thirty-five and forty-nine hundredths (35. 49) feet to the center line of Avenue "D" (now Fifteenth Street) ; thence along the center line of said Avenue "D" in an easterly direction a distance of two hundred ten and sixty-three hundredths (210 . 63) feet, more or less to the erosion control line per Plat Book 105, page 62; thence southerly along the - said erosion control line per Plat Book 106 , page 62 of the Atlantic • Ocean for a distance of thirty-five and sixteen hundredths (35 . 16) feet, more or less, to an intersection with the said south line of Avenue "D" (now Fifteenth Street) produced easterly; thence westerly , i along the said south line of Avenue "D" (now Fifteenth Street) pro- duced easterly for a distance of two hundred thirteen and twenty hundredths (213 . 20) feet more or less, to said-point-of-le-g-i.and-ng-. northeast corner of Block 77 . NOTE : This instrument is being rerecorded to correct a scrivener ' s error in which the northwest corner of block 77 was mistakenly referred to as the northeast corner. I RECORDED IN OFFICIA: FECOnOS SOU• OF CI,:E. CO 'i71, FLOR‘:A. RECORD 1EFIFIEO IRICfl ARD P.B1 Ge�t R. cLEr,K �fcU1I •t IE:Y,RJ[O IN Of FICIAL N!COROZ 1001 Cr :AEE C0...71. FLORIDA. RECJkiLEk, ED EH HARD I'. Hi. E O..:KN IhCUi1 COUia • 6.0 06 nedortie Eead . . . '.ef;`; FLORIDA 3 3 1 3 9 y+ir, . ",-ACATIONLAN/) LI. S. A. " 2 . E OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 5 37 8 COMMISSION MEMORANDUM NO. DATE: December 2 , 1981 TO: Mayor Norman Ciment and Mer347rs of the Cjty Commission - ft-.ft,. , , t� .,1 , FROM: Harold T. Toal ,+4 Y�( City Manager SUBJECT: Vacating a Portion of City Right-of-way of 15th Street East of Ocean Drive The owner of the property east of Ocean Drive from 15th Street to Lummus Park prepared plans for constructing a 30-story building on the above site, commonly known as the White House property. Their plans rely on a survey that indicated the south half of 15th Street east of the paved portion to be part of the White House property. The owner made application to the Zoning Board of Adjustment for side yard set- backs due to the proposed building 's configuration, and it was discovered that the property on 15th Street had been dedicated for public use . fi . Due to the hardship that would result the owner is requesting that the area in dispute be vacated by the City and the owner grant an easement that would allow for utilities , public access , and would prohibit the area from being occupied by any structure above or below ground by the owner. In addition the owner proposes to develop the street and in accordance with the City plans for the linear park improvement . They have further agreed to develop the linear park east of their property and a tie-in from the linear park to Lummus Park on the south side of their property. They have further agreed to dedicate a 20-foot ease- ment on the east side of their property for the widening of Ocean Drive between Lullauus Park and 15th Street . The City Attorney has reviewed the request and advises that Commission - may authorize the area on 15th Street to be vacated and accept an ease- ment in return. Attached is a sketch showing the areas involved together with the re- quired resolutions . ADMINISTRATION RECOMMENDATION: The Administration has no objection to approving this request as the public will be guaranteed permanent access to the oceanfront for the full 70-foot width on 15th Street ,and the City will receive in return additional benefits both in improvements and tax revenue . HTT/FA:pk 1 AGENDA C - S'F ITEM DATE ll.-2 -'%f ; 74V Alv_EA'C/5- • Juti ; 4.-1 ;,l fz. ,: _4-0 �,�. f \, 736 *v l39 v r--II ThEL , a i i �o• o w i % T , i w # • EA to a (� J I fv L J / SOr 2S `, ' _,- / 64 i N , _ _D', > - ------ 11 j -�, fl0 u, - }jL��J' v' Y f •J 'v q G 7 ;.,' CpL4-/NS o a� 4� II yI:7 1 :/ CO Ao o ' r o I I li.4 A. 1 / /1l/// / ; (_,4 �' i�=—=� -- — • -, • q •t, \ 1. QJ/ / N. CA; N -'-. _ V Li" /3g• .• ti O –4. c� la V� o s -sn ° a __ CE-4 t�Srx�- • kA DQ/VE 445E44-NT Tv az 457- sb' , .)• 4oANTF-O -----------------1-1 / Fir a✓ivENi JC t L U L '� ocEAA/ D.Fiy.E. I ....4/2.) L U/LJi i '3 4. US 1:14/?/( I I l s (r I 1 • 75,./..,? J • i•1 1- I ?&%i jo f3 ` E ✓f?Gi7E A �� w PSOPUjj%,L,I;;c.SC.cN'✓D:;S.` f $ L-AJE/1�N j tErA//yG"7 __` =--------- - - 1... s ,_ -__ --________________ L��S/O�/ CO,t/ri DZ 9 t 1 •r • ,r`� GAY • `tityvTenli 1 EL O ROUTING SLIT ,;,�;;;,f r sPor Similarper' wCT.ow ns INITIAL•'Clete ULAT. TO MR. JACK FIDLER, OTOS TWA"ea . CODE ENFORCEMENT SATE Af'T"T"w""' `m. I' = MR. DOMINGO RODRIGUEZ, VIA Ir VI MR. FRANK AYMONIN, PUBLIC WORKS MOT.Awe 3 MR. JUD KURLANCHEEK VIA .are eaw MR. SANDY YOUKILIS, DIR OF PLANNING "`""""' 4 sae r. MR. ROBERT SMOLEY, ATTORNEXFOR INDECO 3000 Bisc Blvd Suite 3oflO S 6 ..oc.ss Miami Florida, 33137 RCMA/RKf ATTACHED FOR YOUR FILES ARE ALL THE FINAL • RECORDED DOCUMENTS RELATING TO INDECO AND THE PROPERTY AT 15TH STREET, VACATING A PORTION OF RIGHT OF WAY; UNITY OF TITLE DECLARATION OF EASEMENT: QUITCLAIM DEED, ETC AS AUTHORIZED BY RESOLUTION NO. 81-16860 ON Dec. 2, 1981 (Comm Memo 9378) Please keep these documents in your files (FILED IN CC OFFICE OFFICIAL FILE NO E-169) •.Or OATS Elaine Matthews, City Clerk 2/8/83 ►row. • • T — i 1 0 Q1 o • O • .T Q 4-1 N bD E E G Ti O [d •r1 •rl •r1 P C cd +J cd 1 O cd t+0 C.) N 4 OO H •rr44 4-) uI p qO O •t.1 •rl z▪CO w P cd H • o ,..0 ,4_, o ,„ Hz �O 0 ▪ O .3 cd •rI H c O D -i N w U 0 4 .0 v u CQ •r •1-1 G aD 0 P4 • 0 N •H N 3•+ •rl U 4i) 4-/ .0 •r1 0 4) CCI Q) 4-1 O U N p 0 cdd N ccj p.