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Resolution 80-16370 RESOLUTION NO. 80-16370 A RESOLUTION AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED OF A CERTAIN PORTION OF COLLINS AVENUE AS ORIGINALLY DEDICATED ADJACENT TO THE EAST BOUND- ARIES OF LOTS 1, 2 , 3, 4 , 5, BLOCK 5 OF THE AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY; ACCEPTING A PORTION OF THE OUT LOTS ADJOINING COLLINS AVENUE LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF THE PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY AND PORTION OF PLATTED PROPERTY ADJACENT TO 26TH STREET. WHEREAS, for the reasons more particularly set forth in Commission Memorandum No. 8452 the City Commission of the City of Miami Beach deems it in the best interest of said City to execute the Deed attached hereto as Exhibits "A" and accept the deeds attached hereto and marked Exhibits "B" and "C" ; and WHEREAS , the City Manager has recommended that the City execute and accept said deeds and the City Attorney has approved same as to form and legal sufficiency; WHEREAS , the grantee of the parcel of land described in Exhibit "A" has agreed to certain conditions most clearly described in the attached letter dated August 28 , 1980 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be and they are hereby authorized and directed to execute the deed in the form attached hereto marked Exhibit "A" and accept the deeds in the form attached hereto marked as Exhibits "B" and "C" , subject to the conditions described in the attached letter dated August 28 , 1980 . PASSED and ADOPTED this 3rd day of September , 1980 . Mar Attest: City Clerk FORM APPROVED LEGAL DEPT. By -` Date =-vt Lfri_ X LTA/jb OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 CR 10898 = 38Z turn To: Mark B. Davis Greenberg, Traurig, 1980 OCT 110 pi'4 4: 29 Hoffman, Lipoff, Quentel & Wolff, P.A. 80R2706621401 Brickell Avenue Miami, Florida 33131 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, Executed this 8th day of October , A.D. 1980, by THE CITY OF .. . MIAMI BEACH, by its duly authorized Officer, a corporation ' existing under the laws of Florida, and having its principal place of business at Miami Beach, Florida, first party, to AMERICAN EQUITY DEVELOPERS, INC. , whose post office address ' is 4500 Biscayne Boulevard, Suite 340, Miami, Florida, second • party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural heirs , legal representatives, and assigns of individuals, - and the successors and assigns of corporations , wherever the context so admits or requires. ) • TgITNESSETH, That the said first party, for and in consideration of $ $1.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release 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 in the County of DADE State of FLORIDA, to wit: CTAT}-=- OF F L G,R i D),^ 1 • REVENUE • •�F- _ - � Jam ' Parcel 1 : _ ,,a tf) 00. 40 I All that piece, parcel or tract of land, lying,situate and .being in the City of Miami Beach, Dade County,Florida, bounded to the South by the Westerly extension of the South line of Lot 1, Block 5 , AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the plat thereof recorded in Plat Book 5 at Page 7 of the Public Records of Dade County, Florida, bounded to the East by the Westerly lot line of Lots 2, 3, 4 and a portion of Lot 5 of said AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, and bounded to the, West by a line that is 86. 9 feet Easterly of, and parallel and concentric to the Westerly Right- of-Way Line of Collins Avenue as per "MAP SHOWING PROPOSED RIGHT-OF-WAY RELOCATION OF COLLINS AVENUE IN THE CITY OF MIAMI BEACH, FLORIDA" bearing File No. SM 55 and dated May 11, 1939. The grantor reserves unto itself and the grantee shall take subject to an easement for existing underground utilities . The Grantee agrees to install and construct a fifteen inch (15) sewer main at such location approved by the Public Works Director from the centerline of 26th Street on Collins Avenue to the center- line of 25th Street and Collins Avenue, or an equivalent distance directed by the Director of Public Works for purposes of relocating the sewer main presently in the City-owned property and adjacent to the proposed Club Atlantis . Said installation will be done at the sole cost and expense and utilizing the contractor of American Equity Investors , Inc. EXHIBIT •"A" REC J.0898 �:� 03 TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining , and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party , either in law or equity, to the only proper use, benefit and behalf of the said second party forever. • . ' ,•^ IN WITNESS WHEREOF the first party has caused these presents .' ..- !Og07� .TE SEAL) to be executed in its name, and ` � '` its corporate seal to be hereunto 1a^'�,:�♦ �� • affixed, by its proper officers ,.1 .o , r,ht thereunto duly authorized, the day and year first above written. /Vat-AL t-AL Q;Gcl,��� CITY OF MIAMI BEACH ATTEST: Elaine Mat hews City Clerk Signed, sealed and delivered in the presence of: 7/4244),&221„t„, By : May. STATE OF FLORIDA ) SS I HEREBY CERTIFY that on this day, before me, an 'officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared M„rray Meyerson well known to me to riaTre Matthpwc be the Mayor and rhP Liry 11Prk respectively of the corporation named as first party in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State aforesaid this 8th day of October , A.D. 1980. $ T . I{ , . Irk_ e ii Y NOT PUBLIC - STATE F FLORIDA PUE.LIC STATE OF FLORIE*,AT:LA,,GE"• + '': ; AT ARGE =4 tp a ��C,.�: FORM APPROVED C �1tLR� . BGtv,.Lu rim.) t.,tI,.Rhl li.� . utvvx •. ,< 0 .. ..,•• RECORDED IN OFFICIAL RECORDS POS r MY � OQ ,`; OF DADE COUNTY, FLORIDA. Lc. tL DcPT. COMMISSION EXP RECORD VERIFIED RICHARD P.BRINSER, By CLERK CIRCUIT COURT _ ( 1 gotft e 0 • - �' /%o/ pep a 7D • QUIT-CLAIM DEED TIiIS QUIT-CLAIM DEED, Executed this ) day of 0 A.D. 1980 , by AMERICAN EQUITY DEVELOPERS, INC. , by its duly authori2 Officer, a corporation existing under the laws of Florida, and havir its principal place of business at Miami , Florida, first party, to CITY OI' MIAMI BEACH, whose post office is 1 700 Convention Center Drive, Miami Beach, Florida, second party : (Wherever used herein the terms "first party" and "second party" shall include singular and plural heirs, legal representatives, and assigns of individuals , and the successors and assigns of corporations, wherever the context so admits or requires. ) • WITNESSETH, That the said first party, for and in consideration of $ in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release 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 in the County of DADE State of FLORIDA, to wit: Parcel 2 : All that portion of Lot 5 , Block 5 , AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the plat thereof recorded in Plat Book 5 at Page 7 of the Public Records of Dade County, Florida, lying Westerly of a line that is 86 . 9 feet Easterly of, and parallel and concentric to the Westerly Right-of-Way Line of Collins Avenue as per "MAP SHOWING PROPOSED RIGHT-OF-WAY RELOCATION OF COLLINS AVENUE IN THE CITY OF MIAMI BEACH, FLORIDA", and bearing File No. SM 55 and dated May 11, 1939. All as shown on the cross- hatched portion of the attached survey - sketch of said property, which survey sketch is Exhibit "A" hereto. In the event it becomes necessary to expose the City' s underground water or sewer facilities , the grantor shall bear the cost of restoring the sidewalks , driveways , or landscaping. X EXHIBIT "B" OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 .- '• r -R TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the first party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered AMERICAN EQUITY DEVELOPERS, INC. in the presence of: / r l /'< ., L/�. 4 B y: 1 7) .,diiiL (CA, } . / STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid tC}.,take , acknowledgements , personally appeared / ,,,,,,,•v�,,,, .,1 .) -,) ,-0-1 . ,� .., well known to me to the 'N-2,1,16 '67(1 ,(1- respectively of the corporation named as first party in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. • WITNESS may hand and offici. seal ip the County and State aforesaid this c'•1 day of s, ��111 Y t .1 , A.D. 1980. ( (A:Lo" 4' _. NQ ARY PUBLIC - ST. 1E OF FLORA AT LARGE FaM APPOVED MY COMMISSION EXPIRES: LEGAL DEPT. By ._i........; .Z?'"-i-.. - - Oates OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • jofl ? ?7 '- m- - /e/0°/ a7,9 6 G 0 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this l) day of A;11-1- . 1980, 5s:rt1980, by AMERICAN EQUITY DEVELOPERS, INC. , a Florida corporation, Iinit: party to the CITY O1' MTAMI BHTC11, whose post office address is 1700 Convention Center Drive, Miami Beach, Florida, a second party (wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires) . WITNESSETH, that the said first party, for and in consideratior of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release 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 real property described in Ex}tibit "A" attached hereto and incorporated herein by reference ("Property") which Property is lying and being in the County of Dade, State of Florida, subject to the reservations and restrictions contained herein. The Grantor reserves and excepts from the Property described in Exhibit "A" that portion of said Property containing the bulkhead or seawall adjacent and contiguous to Lake Pancoast ("Reserved Property") . In those areas of the Property adjacent and contiguous to Lake Pancoast not presently bulkheaded or containing a seawall, Grantor reserves and excepts from the Property u one foot strip thereof directly adjacent and contiguous to Lake Pancoast (as measured perpendicular to or radial to the westerly boundary of such property) and said property shall be considered as part of the Reserved Property noted above. This EXHIBIT "C" X OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 reservation shall be in favor of the Grantor, its successors and assigns and any parties, as well as their heirs, successors and assigns who purchase a condominium unit which might be constructed on any portion of the real property described in Exhibit "B" attached hereto and incorporated herein by reference. The Grantor further reserves to itself and all of the aforementioned parties a perpetual non-exclusive reservation of all of the riparian and littoral rights appurtenant to the Reserved Property. For purposes hereof and to further describe the Reserved Property above-noted, reference is hereby made to that certain sketch of survey prepared by Biscayne Engineering Co. under Order No. 56019 and dated June 16, 1980, by Registered Surveyor No. 3371, a copy of which is on file in the Public Records of the City of Miami Beach, Florida . Grantor recognizes and agrees that at some time in the future Grantee may require the -use of a reasonable portion of said bulkhead or seawall or other portions of the Reserved Property for public marine related purposes. Grantor agrees to accommodate such a request by Grantee to the fullest extent reasonably possible without unreasonable interference with rights of others to said seawall existing at the time of said request. The parties will mutually agree upon a suitable location for said facilities for City use. By acceptance of this Quit-Claim Deed the Grantee herewith agrees, on behalf of itself, its successors and assigns, to refrain from erecting any fences or walls on the Property conveyed hereunder and Grantee further agrees not to construct or implace any structure or buildings on said property that would obstruct free and clear access of Grantor, its successors, assigns and candominidm unit purchasers. Grantor recognizes and agrees that Grantee may construct and install structures that are condusive to the zoning classification of the property (MD-1) such as benches, bicycle rests, sidewalks or access to water taxi stops on other City owned properties, but said installations or structures shall not unreasonably restrict Grantors access to and through the property. - 2 - x OFFICE OF THE Cil Y ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 The Grantor herewith reserves a perpetual easement for itself, its successors and assigns and all parties who acquire a condominium unit located on any portion of property described on Exhibit "B" over and across any portion of the Property in order to have access to the Reserved Property, which easement shall perpetually run with the land, and shall grant the parties benefitted by the easement the right of ingress and egress to the Reserved Property and shall further grant said parties the right to maintain and install additional bulkhead or seawall, lighting fixtures, and permitted signs on said Property. Grantor, on behalf of itself, its successors and assigns, does hereby agree to maintain the existing seawall or bulkhead presently on the subject property• at its own costs and expense in substantially its present condition. In the event, however, Grantee utilizes any portion thereof for marine or other related purposes, the Grantee shall be responsible for seawall or bulkhead maintenance of the part thereof. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever 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 WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered AMERICAN EQUITY DEVELOPERS , INC. in the Presence of : 77/1A J BERNARDO BATIEVSKY, Presi nt 41,71 - 3 - X OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this date, before me, an officer .duly authorized in the State of Florida and in the County aforesaid to take acknowledgements, personally appeared BERNARDO I3ATIEVSKY, as President of AMERICAN EQUITY DEVELOPERS, 1NC. , a Florida corporation, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before that he executed the same on behalf of said corporation. WITNESS my hand an official sea)__in the County and State last aforesaid this ' day of 4;44 , 1980. My Commission Expires : Nei . ° PUBL — , / - 4 - x OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 EXHIBIT "A" OUTLOT "1" The outlots on the western side of Collins Avenue lying between the north and south boundaries of Lots 1, 2, 3, 4 and 5 in Block 5 o1 the AMENDED PLAT O1' THE OCEAN FRONT PROPERTY O1' T111: MT AMT BEACH IMPROVEMENT COMPANY according to the plat thereof recorded in Plat Book 5 at Pages 7 and 8, of the Public Records of Dade County, Florida OUTLOT "2" TOGETHER WITH the outlots which are opposite, but not including, the premises more specifically described as: "Lots 1 and 12 ; and the South 25 feet of Lots 2 and 11 . (meaning thereby, that portion of Lots 2 and 11 which is bounded on the South by the South line of said Lots 2 and 11 and is bounded on the North by a line which is parallel to and is 25 feet North of the said South line of said Lots 2 and 11, which Northerly boundary line is extended from the East line of said Lot 2 (Collins Avenue) to t:he West line of Sdi(l 1,01 11 ( Indian Creek I)ri+ve) ; All in Block 7 of the OCEAN 1'1<ON'1' PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, a subdivision of Dade County, Florida, according to the plat thereof, recorded in Plat Book 5, at Pages 7 and 8, of the Public Records of Dade County, Florida; Said outlots being on the west side of Indian Creek Drive, which said outlots are bounded on the north by a line which is 25 feet north of the north lines of said Lots 1 and 12 , and which is parallel to the said north line of said Lots 1 and 12, and which is extended westwardly to Lake Pancoast; and the said outlets are bounded on the east by the west line of Indian Creek Drive, and they are bounded on the south by a line which is the continuance of the south line of said • Lot 1 extended in a straight line westwardly to Lake Pancoast, and they are bounded on the west by Lake Pancoast; together with any and all riparian rights which may be appurtenant thereto; ALSO • X OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • OUTLOT "3" All of that land lying south of 26th Street ane between 26th Street and Lake Pancoast, describs as follows : Begin at a point which is the southwesterly corner of Collins Avenue and 26th Street; and thence run westerly along the southerly line of said 26th Street to a point lying southerly of the west line of Lot One ( 1 ) , Block Seven (7) aforesaid, said point being the same point to he reached if the west line of Lot One (1) , Block Seven (7) , aforesaid was extended southerly across 26th Street; then run southerly from the southerly boundary line f said 26th Street along the west line of said Lo One (1) , Block Seven (7) , extended southerly to waters of Lake Pancoast; thence run in a genera: southeasterly direction, meandering the shore o: said Lake Pancoast to a point which is the intersection of the said shore line of Lake Pancoast with a line running southwesterly from the southwesterly corner of Collins Avenue and 26th Street; thence run in a northeasterly direction along the last mentioned straight line to the point of beginning; as said street, avenue, line and property 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, together with any and all common law and statutory riparian rights 'thereunto appertaining or belonging, meaning to describe that certain outlot lying opposite Lot One (1 ) , Block Sewell (7) aforesaid, and lying between 26th Street and Lake Pancoast. • X OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 • EXHIBIT "B" Lots 1, 2, 3, 4 and 5 , in Block 5 , of AMENDED PLAT OF OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, together with the Ocean Front Strip lying between Miami Beach Drive and the high water mark of the Atlantic Ocean and between the North and South lines of said Lots 1 to 5 inclusive, extended to the high water mark of the Atlantic Ocean, all according to the Plat thereof, recorded in Plat Book 5 , at Pages 7 and 8, of the Public Records of Dade County, Florida. 1'OG ;THER WITII All that piece, parcel or tract of land, lying, situate and being in the City of Miami Beach, Dade County, Florida, bounded to the South by the Westerly extension of the South line of Lot 1, Block 5 , AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROV 'IENT COMPANY, according to the plat thereof recorded in Plat Book 5 at Page 7 of the Public Records of Dade County, Florida, bounded to the East by the Westerly lot line of Lots 2, 3, 4 and a portion of Lot 5 of said AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, and bounded to the West by a line that is 86. 9 feet Easterly of, and parallel and concentric to the Westerly Right- of-Way Line of Collins Avenue as per "MAP SHOWING PROPOSED RIGHT-OF-WAY RELOCATION OF COLLINS AVENUE IN THE CITY OF MIAMI BEACH, FLORIDA" bearing File No. SM 55 and dated May 11, 1939. ALSO Lots 1 and 12 ; and the South 25 feet of Lots 2 and 11 (meaning thereby , that portion of Lots 2 and 11 which is bounded on the South by the South line of said Lots 2 and 11 and is bounded on the North by a line which is parallel to and is 25 feet" North eet- North of the said South line of said Lots 2 and 11, which Northerly boundary line is extended from the Fast line of said Lot 2 (Collins Avenue) to the West line of said Lot 11 (Indian Creek Drive) ; All in Block 7 of the OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY , a subdivision of Dade County , Florida , according to the plat thereof, recorded in Plat Book 5 , at Pages 7 and B, - of the Public Records of Dade County, Florida ; • TOGETHER WITH the outlots which are opposite the premises just hereinabove described on the west side of Indian Geek Drive, which said outlots are bounded on the north by a line which is 25 feet north. of the north lines of said Lots 1 and 12 , and which is parallel to the said north line of said Lots 1 and 12 , and which is extended westwardly to Lake Pancoast; and the said outlets -are bounded on the east by the west line of Indian Creek Drive, and they are bounded on the south by a. line which it the continuance of the south line of said Lt 1 extended in a straight line westwardly to Lake Pancoast, and they are bounded on the west by Lake- Pancoast; ' together with any and all riparian rights which may be appuz-- tenant thereto; X OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 . , . • EXHIBIT "B" Continued ALSO, TOGETHER WITH THE OUT LOT DESCRIBED AS FOLLOWS: All of that land'-lying south of 26th Street and be tz:een '26th Street and Lake Pancoast , described as follows : Benin at a point which is the southwesterly corner of Collins. Avenue and 26th Street; and `hence run westerly along the southerly 1; ne of said 26th Street to a point lying southerly of the west line of Lot One (1) , Block Seven (7 ) aforesaid, said point being the same point to be reached if the west line of Lot One (1) , block Seven (7) , aforesaid was extended southerly across 26th Street; thence run southerly from the southerly ' boundary line of said 26th Street along the west line of said Lot One (1) , Block Seven (7 ) extended southerly , to the waters of Lake Pancoast; thence run in a general southeasterly direction, meandering the shore of said Lake Pancoast to a point which is the intersection of the said shore line of Lake Pan-coast with a line running southwesterly from the south— westerly corner of Collins Avenue and 26th Street; thence run in ' a northeasterly direction along the last mentioned straight line to the point of beginning ; as said street, avenue , line and property are shown on the Amended Map of the OCEAN FRONT PROPERTY OF THE MIA.*!I BEACH IMPROVEMENT COMPANY, recorded in Plat Book 5 , at pages 7 and 8 , of the Public Records of Dade County , Florida, together with any and all common law and statutory riparian rights thereunto appertain— ing or belonging , meaning to describe that certain outlot lying opposite Lot One (1) , Block Seven (7 ) aforesaid, and • _ lying between 26th_ Street and Lake Pancoast . OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 rt� .�. ♦ l.,��d etre, eic Neetote Veaci , p , • yeti. A, - . c4_,, ,,,, ,,-, . .c,-,..,‘ r!_•E•• FLORIDA 3 3 1 3 9 %Z\P, 4ry, ti* �MCOAT T1D* "VACATIONLANU 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. 341.52 DATE: September 3, 1980 • TO: Mayor Murray Meyerson and ers of themission tJ 0-1 FROM: a old . Toa City Manager SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF A QUIT-CLAIM DEED FOR A PORTION OF CITY RIGHT-OF-WAY PROPERTY: AND ACCEP- TANCE OF QUIT-CLAIM DEEDS TO OUT LOTS AND PLATTED PRO- PERTY. The current developers of the ocean front property between 25th and 26th streets (formerly the Algiers . Hotel ) have proposed, by the attached letter, the conveyance to the City of certain out lots and platted property to which they hold title in exchange for a portion of the City right-of-way adjacent to their development (see attached survey) . The property involved in the exchange is as follows: The right-of-way consists of approximately 3,000 square feet, in exchange the developer will offer the City a quit-claim deed to 8,760 square feet of out parcels (876 running feet approximately 9-10' wide) bordering Pan Coast Lake. The developer further agrees to landscape and maintain the strip and maintain the seawall in perpetuity. The developer will accept an easement from the City to cross the property and lease the waterside rights for boating purposes. In addition the developer has agreed to exceed normal landscaping requirements for the property along Miami Beach Drive, the Collins Avenue right-of-way, the Cul de Sacs and the 25th and 26th Street ends. These are a part of the additional requirements of the Zoning Board of Appeals. The developer also agrees to relocate the sewer line from the easement at his ex- pense, to the street from the center line of 26th street to the center line of 25th street. This will upgrade that section of sewer from a 12" line to a 15" line. These considerations, combined with the other require- ments of the Zoning Board of Appeals, represent con- siderable considerations for project improvements on the part of the developer. Such exchange is requested so that such property may be utilized for required setbacks. The City Attorney has reviewed and approved the proposed deeds for form and legality. THE ADMINISTRATION RECOMMENDS: Adoption of the resolution. HTT:FC:s c Q!-- Attachments. AGENDA 4 3.4„, E ITEM DATE q- 3 - ap ORIGINAL RESOLUTION NO. 80-16370 (Authorizing execution of a Quit-Claim Deed for a portion of the City Right-of- Way Property: and acceptance of Quit Claim Deeds to out lots and platted property) (26th St.-Algiers Hotel)