Resolution 79-16113 RESOLUTION NO. 79-16113
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO DELIVER QUIT CLAIM DEED PURSUANT
TO RESOLUTION NO. 73-14106 .
WHEREAS, for the reasons more particularly set forth
in Commission Memorandum No. 7895 the City Commission of the
City of Miami Beach deems it in the best interest of the citizens
of the City of Miami Beach to authorize the delivery of Quit
Claim Deed to the said owners, their heirs and assigns, the terms
of said issuance are familiar to the City Commission and which
Quit Claim Deed is included in the agenda package for the meeting
at which this Resolution was adopted; and
WHEREAS, the City Manager and City Attorney recommend
the issuance of said Quit Claim Deed and the City Attorney has
approved same as to form and legal sufficiency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor be and he is
hereby authorized and directed to execute said Quit Claim Deed
for and on behalf of the City of Miami Beach.
PASSED and ADOPTED this 5th day of December, 1979.
Vice Mayor
Attest:
(SEAL)
City Clerk
BMS/rr
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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OFFICE
6"--OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 71M5----
DATE:
t1fDATE: December 5, 1979
TO: Mayor Murray Meyerson and
Members of the City Commission
FROM: Harold T. Toal%/\:= c:).75sL
City Manager
SUBJECT: QUIT CLAIM DEED FOR EXCESS COLLINS AVENUE
RIGHT-OF-WAY
BACKGROUND ,
In 1973 the City Commission passed a resolution included on page 51 of
the Commission Agenda, which authorized the delivery of a Quit Claim
Deed to certain excess right-of-way on Collins Avenue to the owners of
the adjacent property. The attached sketch shows the property and the
right-of-way in question.
At the time of the 1973 Commission action, the owners of the property
were required to obtain releases from other utilities, and relocate the
utilities of the City of Miami Beach which were contained within the
right-of-way in question. Pending satisfaction of that requirement, and
others, the City Administration and the City Attorney were authorized by
the old resolution to convey title.
Recently, new owners of the property came forward and requested the
deed. Staff met with the City Attorney's office, and decided to present
the matter to the Commission with a re-statement of all conditions which
must be satisfied, and with the requirement that relocation costs for
utilities be updated. The new owners have deposited $78,800 and have
further agreed by the letter of personal undertaking, included in the
Agenda package, to pay above that amount if the cost of the relocation
requires it.
RECOMMENDATION
It is recommended that the attached resolution authorizing execution of
the Quit Claim Deed to excess street right-of-way on Collins Avenue be
adopted.
HTT .•.;=7EB:Ib
AGENDA 4, /
ITEM (1Z--
DATE / d` --S----- .1 CI
r - Z]UIF-CLAIM DEED RAMCO FORM B
I.
This t d' December • 79
t- ,1th n Dad, Executed this 11th day of •, A. D. 19 . by ,
CITY OF MIAMI BEACH, a Municipal corporation of the County of Dade t !
of Florida, ! '
first' ` 0 THE RIVIERA, a Florida partnership,
17000 Collins Avenue, North Miami Beach, Florida
whose postal rice address is 33160
I
r
second party: 1
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal i
1 representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context F
so admits or requires.) 1
1Q `tnQss th, That the said first party, for arid in consideration of the sum of S 10.00 r
in hand paid by the. said second party, the receipt whereof is hereby achnowledged, does hereby remise, re- _
t
lease and quit claim unto the said second party forever, 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 i
in the County of Dade State of Florida . to-wit:
1
1
LEGAL DESCRIPTION ON EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF.
THIS IS A CORRECTIVE DEED, correcting that certain Quit-Claim Deed
t
from CITY OF MIAMI BEACH. to THE RIVIERA, a Florida partnership, dated
December 5, 1979, and recorded December 6, 1979, under Clerk' s File t
No. 79R-345734, of the Public Records of Dade County, Florida. Due
to a scrivener' s error, the names of the persons executing said Deed
on behalf of the grantor were omitted from the acknowledgment on said
Deed. t
••I
i
1
To Have and olipthe same together with all and singular the appurtenances !hereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said
second party forever.
In Witness Bhagat The said first party has signed and sealed these presents the day and year
first above written. ,
Signed, sealed an delivered in presence of: ITY OF MI MI BEACH, a Municipal
c. •• ation o he County of Dade
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7 By: �r .c�i .,�
B
/fit Elaine Mllews, ity Clerk
STATE OF FLORIDA,
COUNTY 'o DADE I
I HEREBY CERTIFY that on this day, before me, an
officer dui-; a:at:orized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Murray Myerson, Mayor, and ELAINE MATTHEWS, City Clerk, of
the.,,C-_TY OF MIAMI BEACH- a Municipal corporation of the County of Dad ,
to`p'g knc•.n -to be the person &lescribed in and who executed the foregoing instrument and y ac noxsledged
•
I} before rr :hat theyxecuted the same.
! ' ' .1 11th day of
BVI-?S-ITSS my hand and official seal in the County and State last aforesaid this
A t Doge beN. , 79
+ A. D. 19 r. / ... ���
I f ` • t NO ,e Y UBLIC, State of Florida
.., ,� My Commission Expires :
,l.il',.,, NOTAki PUBLIC STATE OF FLORIDA AT LA,t.,c
' ''''" ;,,„„001' ' MY COMMISSION E:NIkES SLPT 7 19o3
/ . BONDED ltiJ GLNLKAL i,4 , UNUtKAYxl ie i. ,—
This
-1'his Insir,unent prepared by: DAVID J. ABRAMOWITZ, ESQ.
BROAD AND CAS EC !
AddressBARNETT BANK BUILDING
1in3 KANE CONCOURSE
B.,Y P 4iBOR ISLANDS. FL. 331.s.tI.
EXHIBIT "A" TO QUIT-CLAIM DEED FROM CITY OF MIAMI BEACH, a
Municipal corporation of the County of Dade, State of Florida,
to THE RIVIERA, a Florida general partnership
PARCEL 1 :
That tract or parcel of land bounded on the north by the northerly
line produced westerly of Lot 1 , Block 4 , of the AMENDED MAP OF THE
OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY;
Bounded on the south by the southerly line produced westerly of
said Lot 1; Bounded on the east by the easterly line of Collins
Avenue; and Bounded on the west by a line described as follows :
Beginning at a point which is 9 . 5 feet southerly of the southerly
line of Hotel Place (now 24th Street) , and 1 . 5 feet easterly of
the easterly line of that portion of said Collins Avenue immediately
southerly of said Hotel Place (now 24th Street) ; thence in a general
northerly direction along a circular curve deflecting to the right,
said circular curve being tangent to a line 1 . 5 feet easterly of and
parallel with the easterly line of that portion of said Collins
Avenue immediately southerly of said Hotel Place (now 24th Street) ,
and said circular curve having a radius of 190 feet, a central angle
of 39 degrees , for a distance of 129 . 33 feet to a point of reverse
curve; thence in a general northerly direction along a circular
curve deflecting to the left having a radius of 595 feet for a dis-
tance of 73 . 60 feet, more or less, to a point on the said northerly
line of Lot 1 produced westerly.
As said Lot, Block, Property, Avenue and Place are shown on the
Amended Map of the Ocean Front Property of the Miami Beach Improve-
ment Company recorded in Plat Book 5 , Pages 7 and 8 of the Public
Records of Dade County, Florida.
PARCEL 2 :
ALL THAT CERTAIN PARCEL OF LAND bounded as follows : Bounded on the
northerly side by the northerly line of Lot 2 , Block 4 of the
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVE-
MENT COMPANY, according to the Plat thereof, recorded in Plat Book
5 , at Pages 7 and 8 , of the Public Records of Dade County, Florida,
extended westerly; bounded on the southerly side by the southerly
line of Lot 2 , Block 4, of the aforesaid subdivision, extended
westerly; bounded on the easterly side by the easterly line of
Collins Avenue as the same is shown on the Plat of the aforesaid
subdivision; and bounded on the westerly side by a line described
as follows :
BEGINNING at a point which is 9 . 5 feet southerly of the southerly
line of Hotel Place (now 24th Street) and 1 . 5 feet easterly of the
easterly line of that portion of said Collins Avenue immediately
southerly of said Hotel Place (now 24th Street) , thence in a
general northerly direction along a circular curve deflecting to
the right , said circular curve being tangent to a line 1 . 5 feet
easterly of and parallel with the easterly line of that portion of
said Collins Avenue immediately southerly of said Hotel Place (now
24th Street) and said Circular Curve having a radius of 190 feet,
a central angle of 39 degrees, for a distance of 129 . 33 feet to a
point of reverse curve; thence in a general northerly direction
along a circular curve deflecting to the left having a radius of
595 feet for a distance of 152 . 99 feet, more or less, to a point on
the said northerly line of Lot 2 , produced westerly, as said Lot,
Block, Property, Avenue and Place are shown on the AMENDED MAP OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
recorded in Plat Book 5 , at Pages 7 and 8 , of the Public Records
of Dade County, Florida;
SUBJECT TO : A reservation in favor of the City of Miami Beach and
• all public utility companies having franchises of an easement along
the west 10 feet of Parcel 1 and the west 10 feet of Parcel 2 for
the purpose of construcing and maintaining underground conduits ,
lines, pipes , sewer pipes and any other usual method for transmitting
underground public service or utilities dispensed by the City or
Public Utility Companies holding franchises .
ORIGINAL
RESOLUTION NO. 79-16113
(Authorizing the City Attorney to deliver
Quit Claim Deed pursuant to Resolution
No, 73-44106.)