RESOLUTION 92-20578 •
RESOLUTION NO. 92-20578
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE VACATION OF THAT PORTION OF
THE PUBLIC RIGHT-OF-WAY FORMERLY KNOWN AS DREXEL AVENUE
LOCATED BETWEEN TENTH AND ELEVENTH STREETS ALONG THE WEST
SIDE OF WASHINGTON AVENUE, AUTHORIZING EXECUTION AND
DELIVERY OF A QUIT-CLAIM DEED TO SAID ABANDONED REAL
PROPERTY TO THE ADJOINING PROPERTY OWNER OF LOTS 1
THROUGH 6, AND PROVIDING FOR A RESERVATION OF A TRANSIT
STOP EASEMENT.
WHEREAS, The Plat of Ocean Beach Addition No. 3 was approved
and recorded in Plat Book 2, Page 81 of the Public Records of Dade
County, Florida; and
WHEREAS, The City Commission, pursuant to Resolution No. 83-
17574 , adopted on December 7 , 1983 , vacated that portion of Drexel
Avenue lying between Eleventh and Twelfth Streets; and
WHEREAS, lying in said plat is the public right-of-way known
as that portion of Drexel Avenue located between Tenth and Eleventh
Streets along the west side of Washington Avenue, the legal
description of which is set forth on Exhibit "A" attached hereto;
and
WHEREAS, the Miami Beach City Commission has provided notice
of these vacation proceedings to the public; and
WHEREAS, the Miami Beach City Commission has held a public
hearing to determine whether vacation of the above-referenced
right-of-way would be in the best interest of the general public
welfare; and
WHEREAS, the Miami Beach City Commission has made the
following determinations:
1. The right-of-way known as Drexel Avenue located between
Tenth and Eleventh Streets along the west side of Washington Avenue
is part of the City of Miami Beach street and sidewalk system, and
as such, the City of Miami Beach holds this property in trust for
the benefit of the public.
2 . The City of Miami Beach Commission, is duly vested with
the authority to vacate the above-referenced right-of-way.
3 . The vacation and discontinuance of that portion of Drexel
Avenue located between Tenth and Eleventh Streets along the west
side of Washington Avenue, subject to the reservation of a 6 ' x
260 ' transit stop easement, is found to be in the best interest of
the general public welfare.
4 . The vacation and discontinuance of that portion of Drexel
Avenue located between Tenth and Eleventh Streets along the west
side of Washington Avenue, subject to the reservation of a 6 ' x
260 ' transit stop easement, is found not to be for the benefit of
a purely private interest.
5. The Public Works Department of the City of Miami Beach
recommends that the City retain a 6 ' x 260 ' transit stop easement.
WHEREAS, after due consideration of all of the facts and
circumstances, the City Commission of the City of Miami Beach finds
it to be in the best interest of the general public welfare to
vacate, and disclaim any and all of the public ' s right, title and
interest in and to that portion of Drexel Avenue located between
Tenth and Eleventh Streets along the west side of Washington
Avenue, the legal description of which is set forth on Exhibit "A"
attached hereto, subject to the reservation of a 6 ' x 260 ' transit
stop easement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach does
hereby vacate and disclaim all of the public' s right, title and
interest in and to that portion of Drexel Avenue located between
Tenth and Eleventh Streets along the west side of Washington
Avenue, the legal description of which is attached hereto as
Exhibit "A" , subject to a 6 ' x 260 ' easement for a transit stop
which is shown thereon, and the Mayor and City Clerk are hereby
authorized to execute and deliver a quit claim deed in favor of the
abutting owner for that portion of the right-of-way abutting lots
1 through 6.
PASSED and ADOPTED this 2nd day of Septem•z r ,
1992 .
MAYOR
ATTEST �
r--3
FORM APPPOVED
CITY CLERK
LEGAL DEr)T.
a:\res ord\drexel.res
Date g/2
2
•
This instrument prepared by:
Patrick N. Brown
First Assistant City Attorney
Transactions
City of Miami Beach
Miami Beach, FL 33139 (Space reserved for Clerk of
Court)
Property Appraiser's Parcel
Identification No.
QUITCLAIM DEED
THIS QUITCLAIM DEED, Made this 10th day of
September , 1992 , between the City of Miami Beach, a Municipal
Corporation in Dade County, Florida, whose United States Taxpayer
Identification Number is 71-6000372 , hereinafter called "Grantor" ,
and
MAJESTIC CO. , a New Jersey Partnership
whose Taxpayer Identification Number is , and whose
post office address is 1024 Washington Avenue, Miami Beach, Florida
33139, hereinafter called "Grantee" .
WITNESSETH, That the said Grantor, for and in consideration of
the sum of $10. 00 and other good and valuable considerations, in
hand paid by said Grantee, to said Grantor, the receipt whereof is
hereby acknowledged, does hereby remise, release and quitclaim to
said Grantee, and Grantee's heirs and assigns forever, all of the
right, title, interest, claim and demand which said Grantor has in
and to the following described land, situate, lying and being in
the County of Dade, State of Florida, to wit:
See Exhibit A attached hereto and by reference
made a part hereof.
Subject, however, to reservation in Grantor of a 6 foot and
260 foot transit stop easement along Washington Avenue as shown on
Exhibit A attached hereto.
This deed is intended to convey and perfect title to the
portion of said right-of-way described herein, in and to the
Grantee, pursuant to Resolution No. 92-20578, duly passed and
adopted by the City Commission of the City of Miami Beach, Florida,
on September 2 , 1992 , in which the City of Miami Beach, Florida,
in which the City of Miami Beach, Florida, surrendered all of its
right, title, and interest in and to that portion of the public
right of way formerly known as Drexel Avenue located between Tenth
and Eleventh Streets abutting Lots 1 through 6, of Block 36 of
Ocean Beach Addition No. 3, according to the Plat thereof, recorded
Plat Book 2, at Page 81, of the Public Records of Dade County,
Florida, described herein.
•
,
•
•
•
IN WITNESS WHEREOF, the said Grantor has caused thisuitclaim
Deed to be signed byits dulyQ
authorized officer, the Mayor of the
City
ity of Miami Beach, and attested by the City Clerk, and has caused
its official seal to be affixed hereto,
September this 10th day of
P , 1992 .
SIGNED SEALED & DELIVERED CITY OF IAMI BEACH, a munic'
IN
id/PRESENCE OF: , . 1pal
corpor. 1 ion in 4iNade County,
Florid..
\ Ciftit-m-e" Ovr-3-Le IL",
By: .t
Sign MAY0 '
Alhiite.Wee. "72-iti‘e)e.v
ATTE4..T:
Print
"...I-6 CA,\C‘,J E , trnerv,"----
4 ,
- --- , - Aii/61,1,,,i1 CITY CLERK cilloiciz_
Sign _
FORM
_ ____ ,
J fj ;,A
LE L DEPT.
Print
By
STATE OF FLORIDA)
ss: Date 9 y 9
COUNTY OF DADE )
The foregoing instrument was acknowledged beforer �c
g me this /'C'
day of St)p t e".,6 , , 1992 , by SEYMOUR GELBER and RICHARD E. BROWN
as Mayor and City Clerk, respectively, of the City of Miami Beach,
a municipal corporation in Dade County, Florida. Saidpersons are
re
personally known to me, or have produced (specifyt e
of identification, i.e. , type
driver's license and number, state of
issue, etc. ) and who did take
an oath, or V did not take an oath.
WITNESS my hand and official seal, at the County and State
aforesaid, on the day and year aforesaid:
NOTARY PUBLIC
- , -,
SEAL OF OFFICE: J',f k `� ti'U 4-4a-- -i
NOTARY PUBLIC, STATE OF FLORIDA
D, 'd ,k L .1(f/i-0,,1-s-, '
(NAME OF NOTARY PUBLIC; PRINT,
STAMP, OR TYPE AS COMMISSIONED,
WITH SERIAL NO. )
C:\AGREEMENTS\QUITCLAIM.WAS h'OT' Y ,r *r r;:11"-7 ',j: _ �.•....
BOOCD D (Iji;U G idt:t; L I . U4D.
,
i , .
•
.31...0C.1‹ 3G ! k____
i i
s R/W-�
li
._ I - -x5 -4 Z ( Z. 1 �
�� EMS' OHS of 6Loc�c 36 l I 34g.• Dolt. 111
•O o7
. HoLt LU
, 1u. 12'43,30" •FjOCC
•
1' -O
� -
��H�NcToN T LAgt,,,,� ?- t� �'
Ate, 2 �0_` �9, �- _
i
S
V/A --
r
HINc
N 4 ilotE L.
AVENUE
---------___
LEGAL DESCRIPTION
S TC OF L�OLSt`1 `C SU'��l��e Commence at the Northeast corner of Lot 1, Block 36, OCEAN BEACH,
�----- 'FLA. ADDITION NO. 3, as recorded in Plat Book 2 at Page 81 of the
l-E _4 Public Records of Dade County, Florida, said
Ypoint being the POINT
OF BEGINNING; thence run Easterly, along the South Right-of-Way
line of 11th Street for a distance of 78.80 feet to the point of
-D>�'SC�tlPT10N FOR TKA�RtA�JGULA� PIECE. BAST o� LOT Z intersection with the Westerly Right-of-Way line of Washington
Avenue; thence run Southerly along the Westerly Right-of-Way line
Commence at thQ Northeost corner a Lot 7, Block 36, of Washington Avenue for a distance of 357.75 feet to the point of
DC i t5tn4 FLIM. ADDITION N°3,05 reccrded in Plot intersection with the Easterly line of the above mentioned Block
Book 2,of_Page 8L Public Records ol^ Dade County,Floc,do; 36; thence run Northerly, along the Easterly line of said Block 36
thence run �o5l:erly, alone Ehe e�crerton o� the l�ot�h lire o� for a distance of 349.04 feet to the POINT OF BEGINNING; Said
lands located, lying and being in the City of Miami Beach, Florida
;So'd Lot 7 for a dtstronce off' 1t•07 feet to the point of inter- and containing 13,752.400 square feet (more or less) or 0.3157
section with the Viet R ht-of-Leroy line of Vicf htngton acres (more or less).
ANicnue. thence run Sou E erly, alone the Vest R4 ht-of-VVay LE55 1 that portion or the above described property ty 1y i n south
line of Viash i n tori �,Yenue a dts�nce o �a�o � Co Ehe pe g`3corF ac' the Easterly extension off' the North line of Lot 7 of said Block 36.
point of intersect►on with he Caster-1y line of the above .
mentioned tblock 36; thence run tiortherly,alons the
osterly line of 13kock 56 For a distance oc 49.04 IeeE I HEREBY CERTIFY: That the attached SKETCH OF BOUNDARY SURVEY of
to the point of commence. the above described property is true and correct to the best of my
knowledge and belief as recently surveyed and platted under my
direction. This survey meets the Minimum Technical Standards set
by the FLORIDA BOARD OF LAND SURVEYORS as set forth in Chapter
472.027 (F.S.) and Chapter 21 HH 6 of Florida Administrative Code.
Dated this 30th day of November, 1990.
EXHIBIT "A" City of Miami Beach /
By: /.,'_./,4-i�//_ •
. . Va;.as
•ity Su eyor
Rea. No. 2916
CITY CSF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. c-n7C12,,
TO: Mayor Seymour Gelber and DATE: Sept. 2, 1992
Members of the City Commission
FROM: Roger M. Carlig jtitd
City Manager
SUBJECT: VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN
AS DREXEL AVENUE LOCATED BETWEEN 10TH STREET AND
11TH STREET AND ALONG THE WEST SIDE OF WASHINGTON
AVENUE
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission authorize vacating the triangular
parcel of land lying west of Washington Avenue between 10th and 11th Streets and fronting
Lots 1 through 7, Block 36, Ocean Beach Addition #3 Subdivision and Quit Claim in favor
of the Majestic Company, the portion of the right-of-way east of Lots 1 through 6, Block 36,
Ocean Beach Addition #3 Subdivision.
BACKGROUND:
The Majestic Company is the current owner of Lots 1 through 6, Block 36, Ocean Beach
Addition #3 Subdivision, which front on the triangular portion of Drexel Avenue south of
11th Street and ending 50 feet north of 10th Street and currently used primarily as a sidewalk
and landscaped area. The Majestic Company proposes to enhance the subject property and
make the abutting properties more functional and accessible and would pay all costs of
enhancement of the subject area, as well as a part of the municipal parking area located
south of these lots at 10th Street.
ANALYSIS:
The Majestic Company will pay all costs related to the enhancement of the triangular tract
and the municipal parking area and relocation of the Kramer Memorial to the Justice Center.
and recording fees, as well as providing for a future 6 foot transit easement abutting
Washington Avenue. City staff has reviewed the request and finds it acceptable. The Design
Review/Historic Preservation Board granted approval to the project at its meeting of June
9, 1992. Written replies have been received from the utility companies concurring with the
vacation.
CONCLUSION:
The vacating of the triangular landscaped and sidewalk tract south of 11th Sireet previously
used as Drexel Avenue and fronting Lots 1 through 7, Block 36, Ocean Beach Addition #3
Subdivision should be approved with the Majestic Company paying all costs associated with
vacating of the property and costs for all enhancement and provide for the 6 foot wide future
transit easement and Quit Claim in favor of the Majestic Company, the portion of the right-
of-way east of Lots 1 through 6, Block 36, Ocean Beach Addition #3 Subdivision.
RMC/RAG/DR/b 119
Attachment
AGENDA
I TEM
DATE 9 - 2 - T2
•. r-- `. - - - ---: ., - ---�-.._. ._-__-�-=mss®®� - __ .-. _ _._.. - - .s. -- _...... - - - -
RESOLUTION Nn, 92-20578
•
Approving the vacation of that portion of
the public right-of-way fo.,:Terly known as
Drexel Avenue located between Le tli and
Eleventh Streets along the west side of
Washington Avenue, authorizing execution
and delivery of a quit-claim deed to said
abandoned real property to the adjoining
property owner of Lots 1 through 6, and
providing for a reservation of a transit
stop easement.
1 s
•IC::: 1 •
4t04r1"
4C.:1111°
614:;i!!1.
"• ir01°"
11111111110101.*
jL