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Resolution 82-16898 RESOLUTION NO. 82-16898 A RESOLUTION OF THE CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT OF A UTILITY EASEMENT AND VACATING SAME; AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED EVIDENCING SUCH VACATION AND ACCEPTING AN ALTERNATIVE UTILITY EASEMENT IN RETURN FOR SUCH VACATION. (PROPERTY LOCATED IN LOTS 1 AND 24, BLOCK 4, FLAMINGO TERRACE SUBDIVISION, PLAT BOOK 10, PAGE 3). 3500 Flamingo Drive WHEREAS, the owners of the real property described in the attached Exhibit "A", have petitioned the City Commission of the City of Miami Beach to vacate a portion of a city utility easement; and WHEREAS, said easement has been abandoned by the public; and WHEREAS, the vacation of the subject easement is deemed to be in the best interest of the City of Miami Beach and its citizens; and WHEREAS, Department the Public Works De recommends that the City a? accept an alternative utility easement in return for such vacation, 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 "A" and authorizes the execution of a Quit Claim deed evidencing same and accepting an alternative utility easement in return for such vacation. PASSED and ADOPTED this 20th day of January , 1982. Mayor ATTEST: LTA/mw FORM APPROVED LEGAL DEP B,, Date OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 CSL EXHIBIT "A" 3500 Flamingo Drive Legal Description of Area to be Abandoned The east five feet of Lot 1 and the west five feet of Lot 24 less the north 25 feet, Block 4, Flamingo Terrace Subdivision, Plat Book 10, page 3. Legal Description of Area to be Dedicated The north five feet of Lot 24, Block 4, Flamingo Terrace Subdivision, Plat Book 10, page 3. 0 _ )6fiqq eery `i' 7/444ste Vead DPMI +� FLORIDA 3 3 1 3 9 �NCOR �(p ; ;:f- "VACA TIONLAND U. S. A. - OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. SI ^S2 DATE: January 20, 1982 TO: Mayor Norman Ciment and Me e of the Ci y ommission cV'zL.9\ FROM: rold Toa City Manager SUBJECT: Request for Relocation of Utilities Easement: Lots 1 and 24, Block 4, Flamingo Terrace Subdivision, Plat Book 10, page 3 (3500 Flamingo Drive) The owner of 3500 Flamingo Drive has Lots 1 and 24, which are separated by a ten-foot utility easement. He has requested the abandonment of this easement in order that he may build an addition onto his main residence. Florida Power and Light, Southern Bell, Peoples Gas and Ultra-Com of Dade County, Inc. have no objection to the abandonment of the easement. The Public Works Department has reviewed this request and has no objection, since no City utilities exist in the easement; however, it is recommended that the owner dedicate the north five feet of Lot 24 as a utility easement, to which he has agreed. ADMINISTRATION RECOMMENDATION The Administration recommends that the existing five-foot easement at the rear of Lot 1 and the five-foot easement at the rear of Lot 24 less the north 25 feet be abandoned in exchange for a five-foot easement on the north side of Lot 24 to be dedicated by the owner for utility purposes as shown on the attached sketch. HTT:FA:mb Attachment AGENDA ITEM _8 DATEZ I T 1 - _ n/ /. .i b= 77-z E i= 477-2/ VE. I G rat NSP f o t.;, ,_i N G � I 1 G C r' 'd ,,, O Q -. - , .ii . l� i .),c 1 . ,.. Ipi (iu1 , -I ci 1 z i_AJ ,) _ rz 99.94- i / , ".r.At. V.L>, \ \ AY° \ .. ul `'1 'IN 1 o any Na o oPI \ R T w w \!4)— ci 1 - . 'v /1 y N, FLA i•41/V450 Orz►v`E ti . f� 4. • V UNDERGROUND- UTILITY EASEMENT Y ARPROVED ?M N7: OF^ STATE OF FLORIDA LECrALp'PAR i COUNTY OF DADE owe KNOW ALL MEN BY THESE PRESENTS: That for andn in consideration of ten dollars ($10. 00) and other good and valuable consideration 1 4 c4 to the undersigned, the receipt of which is hereby acknowledged, cr the said GRANTORS does hereby grant, sell, convey and set over unto the CITY OF MIAMI BEACH, Miami Beach, Florida, (herein styled GRANTEE) it' s successors and assigns, a right of way and easement five feet (5 ' ) in width to construct, inspect, maintain, repair, operate, replace, relocate, change the size of, all within the easement herein described, to wit: Beginning at Northeast corner of Lot 24 and running westerly along the North line of Lot 24 a distance of one hundred thirty-one point forty three feet (131. 43 ' ) , then southerly along a line parallel to the westerly Lot line of Lot 24 and five feet (5 ' ) easterly of said line a distance of five feet (5 ' ) to a point, then easterly along a line parallel to the North Lot line of 24 and five feet (5 ' ) South of said line a distance of one hundred thirty one point forty three (131. 43 ' ) plus or minus to an arch along the easterly property line of Lot 24 . Said arch having central angle of 77 degrees - 25 minutes 45 seconds and a radius of one hundred twenty-five (125 ' ) feet and in a northerly heading along said arch for a distance of five feet (5 ' ) plus or minus to the point of beginning. TO HAVE AND TO HOLD unto said GRANTEE, its successors and assigns so long as such lines of appurtenances and related facilities thereto shall be maintained, with ingress to and egress from the premises. GRANTOR may continue to fully use and enjoy the surface of the easement strip herein conveyed, provided that GRANTOR shall not construct or permit to be constructed any permanent structure upon the easement strip herein conveyed which would interfere with the exercise of the GRANTEE' S rights. In witness whereof, the parties hereto set their hands on the day of February, 1982. GRANT S: Witnesses: D4a1d E. Lef • - / - , . .4/-1);‘)/"/ 411A _.1 (. 1 e 1 L • Marcy L./ efton State of Florida, County of Dade BEFORE ME, the undersigned a notary public in and for said County and State, on this date personally appeared Donald E. Lefton and Marcy L. Lefton, known to me to be the persons whose name is subscribed to the foregoing instruments, and acknowledged that they executed the same for the purposes and consideration therein expressed. Given my hand and seal of office on this 0.24(4/day of February 1982. j NAULC STATE OF FLORA AT LARGE 1?�`�"""�J 7lj /(J/ � �YgMMtSS)pt� EzPIR�S AUC; � ioa N • • . 1 \ • Si-Pk, of f1-13R,D�' p� the N of BADE , is a t a e ........0%".•••-...,,�°� �Q,y C.V•SI1F1 that this asof_ ®U f r '' this oifice on- 19- �`, < ``e' �� * K••�.,. i, iI : - 1)tielal Sea'•"r : 4. • „, Q ...;Ila � ar+R . R S > fit':•,i gRl: ,.. c..._). . ,-.� ••x.11 s 7A lijr U' 0• C. ,. I,7--) t ,c4..4",:'- '--, :v ,146.t - 7 f Aki 11>lif#81 O: .•/47r. 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