Easement with Rudy Perez and Elizabeth Perez (2) 1111111111 II1II 11I11 I11111111111111111
This instrument was prepared by and after
recording should be returned to: C:F1,1 20_022R0047471
OR BK. 32964 Pas 1655-1661 (7P3 s)
RGisela Torres, Senior Assistant City Attorney DEED
iT1X1$0.62 ' i1:54=,+
i)EE:C� G:��_ TAX ��i�,60
City of Miami Beach, Florida SURTAX $0.45
Office of the City Attorney HARVEY RUVIN! CLERK. OF COURT
1700 Convention Center Drive fiIA.II GADS COUNTY• FLORIDA
Miami Beach, Florida 33139
(Reserved for Clerk of Court)
2016 - 29605
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, made as of this 2C day of «,3 'ck , 2021, between
the City of Miami Beach, Florida, a Florida municipal corporation, whose address is 1700
Convention Center Drive, Miami Beach, Florida 33139, Attention: City Manager ("First Party"),
to Rudy Perez and Elizabeth Perez, his wife, whose address is 7605 Collins Avenue, Miami
Beach, Florida 33141 ("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).
WHEREAS, First Party wishes to remise, release, and quitclaim the Property, as more
particularly described herein, pursuant to City of Miami Beach Resolution No. 2016-29605,
approving the vacation of the Property.
WITNESSETH, that the said First Party, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration ($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 following described land, situate, lying and being in Miami-Dade
County, Florida, (the "Property") and legally described as follows:
Being a portion of "Airoso (Atlantic) Way", 30 feet in width, as shown on the "Corrected
Plat Altos Del Mar No. 1", as recorded in Plat Book 31, Page 40, of the Public Records
of Miami-Dade County, Florida, and lying in a portion of Government Lot 2, Section 2,
Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida,
being more particularly described as follows:
The Westerly half of "Airoso (Atlantic) Way", lying easterly of and adjacent to Lot 6,
Block 10, according to said "Corrected Plat Altos Del Mar No. 1".
Containing 750 square feet more or less.
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
C a a
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is `s s' 4110 o
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'
Reservation of Utility Easement. The First Party reserves for itself, its employees,
licensees, agents, successors and assigns, a non-exclusive utility easement in perpetuity for the
construction, installation, operation and maintenance of pipes, meters, conduits and all manner
of utilities, telecommunication equipment, and/or such other related purposes and activities as
the First Party may in its discretion deem necessary; with the right to construct, reconstruct,
improve, and to repair and remove all or part of such facilities within the Property ("Easement
Area"), together with the unlimited right of ingress and egress to said Property at all times; the
right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within
the portion of the Property that may affect the First Party's easement rights of ingress and
egress upon, over, and across the Property.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
in the presence of:
ATTEST: CITY OF MIAMI BEACH, FLORIDA
--i)j/(
I cst? ,/t�� By: / 2—zi----_____
Rafael E. Granado, City Clerk Dan Gelber, Mayor
.i 'cor OKATED
Print,TnII: '''p'� `.. 6
STATE OF FLORIDA )
ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was ac nowledged before me by means of [ ] physical
presence or [ ] online notarization this Jp day of Cc_itobc,PK, 2021, by Dan Gelber, as
Mayor of the City of Miami Beach, Florida, a Florida municipal corporation, '(] who is personally
known to me or [ ]who has produced as identification.ica
' 2.. .kalr,-,44?
My Commission Expires: Notary Public, State of PLO Ri
s;,p:o FERNANDASILVA ,
,�, MY COMMISSION#GG 230013
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,���`P EXPIRES:August 27,2022
:E of F.. Bonded Thru Notary Public Underwriters
APPROVED AS TO
FORM & LANGUAGE
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LOCATION SKETCH
NOT TO SCALE
LEGAL DESCRIPTION
BEING A PORTION OF "AIROSO (ATLANTIC) WAY", 30 FEET IN WIDTH, AS SHOWN ON THE "CORRECTED PLAT ALTOS
DEL MAR NO.1", AS RECORDED IN PLAT BOOK 31, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY,
AND LYING IN A PORTION OF GOVERNMENT LOT 2, SECTION 2, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF
MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY HALF OF "AIROSO (ATLANTIC) WAY", LYING EASTERLY OF AND ADJACENT TO LOT 6, BLOCK 10,
ACCORDING TO SAID "CORRECTED PLAT ALTOS DEL MAR NO.1".
CONTAINING 750 SQUARE FEET MORE OR LESS.
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THIS LEGAL DESCRIPTION (SHEET L-1) IS NOT
FULL AND COMPLETE WITHOUT THE SKETCH
OF DESCRIPTION (SHEET L-2)
BRIAN T. BELLINO, PSM DATE
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO.4973
YAPPROVED REVISE15 OCEAN FRONT
1 1I AMI BEACH REVISED L-1
PUBLIC WORKS DEPARTMENT AIROSO (ATLANTIC) WAY PROJECT No.
1700 CONVENTION CENTER DRIVE.MIAMI BEACH.n.33i3c RWJ T BEWNO,PSM SM-2016B
' I LOT 6,BLOCK 11
•
'CORRECTED PLAT ALTOS DEL MAR No.1' I LOT 6,BLOCK 6
•1wlasc•''CORRECTED PLAT ALTOS DEL MAR No.1'
_ (P.B.31,P.G.40) (P.B.31,P.G.40)
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'' NORM LOC LOT I 30.0t(C) f�\\
►O 4T OF BEGINNING I \ iO Y.,COMM LOT IBLOC]7
•- _ (VACATED EIGHT OF WAY)
Ni CORNER LOT 1.BLOCK 10 •ORAL Hat IN CONCRETE•
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-� LOT 1S 1S I BlOCK7
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BLOCK 10 u �- BLOCK 7
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_ _ — W LEGEND
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c ' c a I-n _ 3 1' $ P.O.C. POINT OF' COMMENCEMENT
, - O°a c p I- " w '> o v P.0.8. POINT OF BEGINNING
y g § Q R ^ § .„g ' 6 R/W RIGHT OF WAY
- LOTS gy -S is -1E R °o' - 4—e le 6 Oa BLOCKTS R RADIUS
BLOCK 10 < $ Q o a $ 8� (N J (; A ARC LENGTH
> W SI `o : 1- CA CENTRAL ANGLE
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CB CHORD BEARING
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\ti U G $ z h p '� D PB PLAT BOOK
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cc p p (C) CALCULATED DIMENSION
' � LOT 4 V J LOT 4 (p) PLAT DIMENSION
BLOCK 10 ' > BLOCK 7 (S) SURVEYY BY1 OTHERS
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I 'IRDII PIR• II,E.COR LOT G ROCK 10 WESTmLY HALF OF
O • -12•IRON FIFE•• U/// 'I VACATED RIGHT OF WAY
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LOT 6,BLOCK 10 £2. w= LOT 6
< •
CORRECTED PLAT ALTOS DEL MAR No.1 •a r= BLOCK 7
of P.B.31,P.G.40 $$ o$
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- 700.0 SCOT.IPI—J%1y •
5.W.COR LOT G BLOCK 7
MOB (C) �•1/2•IRON REBAR•
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SKETCH OF DESCRIPTION
ii SCALE: "=60' (8.5"X 1 I" SHEET)
(.1 R A
SURVEYOR'S NOTES: 144, GGDY.FIR,,"�
a 1. THE SKETCH IS NOT A SURVEY. THIS NOTE IS REQUIRED BY RULE 5J-17.053(5)(b) FAC. agoe cou1114•
a 2. BEARING SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAD
= 1983/90, REFERENCED TO THE NORTHERLY RIGHT-OF-WAY UNE OF BOUGAINVILLEA (75TH) STREET WHICH THE SKETCH OF DESCRIPTION (SHEET L-2)
BEARS S87'08'11"W. IS NOT FULL AND COMPLETE WITHOUT THE
23. THE LEGAL DESCRIPTION AND SKETCH OF WAS PREPARED BY THE SIGNING SURVEYOR. HOWEVER THIS LEGAL DESCRIPTION (SHEET L-1)
a2 SKETCH WAS INTEGRATED WITH MAPPED FEATURES SURVEYED BY OTHERS. MAP OF BOUNDARY SURVEY AND
TOPOGRAPHIC SURVEY. PREPARED FOR THE CITY OF MIAMI BEACH, PREFORMED BY JOSE SENAS, PSLI#5938
LONGITUDE SURVEYORS, LLC., W 48th STREET, SUITE 310 DORAL, FLORIDA 33166 PHONE:(305)463-0912 WITH
E SURVEYORS AUTHORIZATION OF USE DATED 01/25/2016. THIS NOTE IS REQUIRED BY RULE 5J-17.051(3)6.,13.
'--t7--c7--rik ' -i 4,
gI 4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A ??7-B v3`Z2ATE
FLORIDA LICENSED SURVEYOR AND MAPPER. BRIAN T. BELLING, PSM pTE
CITY SURVEYOR MANAGER
M E►� PROFESSIONAL SURVEYOR AND MAPPER NO.4973
1 I A M I BEACH APPROVED REVISED E:
��j/J 03/22/16 OCEAN FRONT L-2
Lz PUBLIC WORKS DEPARTMENT AIROSO (ATLANTIC) WAY PROJECT No.
FLERNE. RUN T BELLING, PS
] I
SM-20168
RESOLUTION NO. 2016-29605
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND
AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A
DULY NOTICED PUBLIC HEARING, PURSUANT TO SECTION 82-
37(A), OF THE CITY CODE, THE VACATION OF ATLANTIC WAY
BETWEEN 76TH STREET AND 77TH STREET, CONSISTING OF A
30-FOOT WIDE RIGHT-OF-WAY, CONTAINING APPROXIMATELY
9,000 SQUARE FEET IN TOTAL AREA, ATTACHED HERETO AS
EXHIBIT "A," AS SHOWN ON THE CORRECTED PLAT "ALTOS
DEL MAR NO. 1," RECORDED IN PLAT BOOK 31 AT PAGE 40, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, AND LYING IN
A PORTION OF GOVERNMENT LOT 2, SECTION 2, TOWNSHIP 53
SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, IN FAVOR OF
THE CITY OF MIAMI BEACH AND THE OWNERS OF 7605
COLLINS AVENUE; AND CONDITIONING THE VACATION ON THE
OWNERS OF 7605 COLLINS AVENUE'S EXECUTION OF A
COVENANT RUNNING WITH THE LAND THAT THE VACATED
PROPERTY IDENTIFIED IN EXHIBIT "A" NOT BE CONSTRUCTED
WITH HABITABLE SPACE DUE TO THE EXISTING NON-
EXCLUSIVE PERPETUAL EASEMENT ALONG THE LENGTH OF
THE VACATED AREA.
WHEREAS, the City holds a right-of-way dedication to Atlantic Way, between
76th Street and 77th Street, consisting of a 30 foot wide right-of-way, containing
approximately 9,000 square feet (as set forth in the sketch attached as Exhibit "A"
hereto), which is reflected in the Corrected Plat "Altos Del Mar No. 1", recorded in Plat
Book 31, at page 40, of the Public Records of Miami-Dade County, and lying in a portion
of Government Lot 2, Section 2, Township 53 South, Range 42 East, City of Miami
Beach, and approved by the City as a Right-of-Way (hereinafter "City Right-of-Way");
and
WHEREAS, other than the adjacent residential property owned by the owners of
7605 Collins Avenue, ail the other land surrounding Atlantic Way is owned by the City
and designated for park use; and
WHEREAS, the City desires to improve the Altos Del Mar Park and to vacate the
City Right-of-Way; and
WHEREAS, the City has obtained the consent of the owners of 7605 Collins
Avenue to the vacation and, by operation of law, they would obtain title to half of the City
Right-of-Way fronting their property (15' feet by 50') and the remainder, fronting City
property, would remain titled in the City; and
WHEREAS, Section 177.085, Florida Statutes, provides that, upon the
abandonment of a right-of-way, all rights to the former right-of-way revert to the owners
of the lots abutting such right-of-way; and
WHEREAS, a City may vacate roads when the vacation is in the public interest,
or when the street is no longer required for public use and convenience; a K ;,4j�
4 is $
`9r fir+`v
WHEREAS, the vacation of the City Right-of-Way serves a public purpose of
improving Altos del Mar Park; and
WHEREAS, there is an existing non-exclusive utility easement along the City
Right-of-Way which shall remain, and shall be identified on the respective deeds for the
property owners of 7605 Collins Avenue and the City; and
WHEREAS, the property owners of 7605 Collins Avenue shall covenant not to
build a habitable structure over the non-exclusive easement area; and
WHEREAS, pursuant to the City's existing administrative policies and
procedures to consider the vacation of the City streets, alleys, and/or rights-of-way,
which also require compliance with Article II, Sections 82-36 through 82-40 of the City
Code (which establish procedures governing the sale or lease of public property), the
following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard
by the City Commission on two separate meeting dates, with the second reading
to be accompanied by a duly noticed public hearing, in order to obtain citizen
input into the proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide
Projects Committee for its review;
3) In order for the City Commission and the public to be fully appraised of all
conditions relating to the proposed vacation, the City's Planning Department shall
prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed vacation; and
4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated (Note: This provision may be waived by a
5/7`h vote of the City Commission, finding that the public interest is served by
waiving such condition); and
WHEREAS, at the July 13, 2016 City Commission Meeting, the City Commission
waived the competitive bidding requirements and appraisal requirements of City Code
Section 82-39(a) be waived as, by operation of law, the adjacent property owners
(property owners of 7605 Collins Avenue and the City) are the only entitled parties to
which the vacated right-of-way can be conveyed; and
WHEREAS, pursuant to City Code Section 82-38, the Planning Department is
required to prepare a planning analysis relating to the six (6) elements for vacating City
Property and shall produce said written report prior to final City Commission action on
the proposed vacation; and
WHEREAS, the Planning Department produced the Planning Analysis on April
13, 2016 and determined that the six (6) criteria elements have been satisfied; and
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process, the City Commission also, on
July 13, 2016, waived this requirement, by 5/7`h vote finding, in this case and due to the
nature of the law pertaining to the vacation of right-of-way, that the public interest is best
served by waving such conditions; and
WHEREAS, on July 13, 2016, the Mayor and City Commission approved the
proposes vacation on first reading; and set the second reading/public hear' aived
PHA co,M1'lh
A CLERK cO
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5� GOO we TWA, O�
OR BK 32964 PG 1661
LAST PAGE
the 5/7t vote, the competitive bidding and appraisal requirements and referred the
matter to the Finance and Citywide Projects Committee; and
WHEREAS, the Finance and Citywide Projects Committee heard this item at
their September 30, 2016 meeting and recommended vacating the existing right-of-way.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission of the City of Miami Beach, Florida, approve, on second and final reading of
this resolution and following a duly noticed public hearing, pursuant to section 82-37(a),
of the City Code, the vacation of Atlantic Way between 76th Street and 77th Street,
consisting of a 30-foot wide right-of-way, containing approximately 9,000 square feet in
total area, attached hereto as exhibit "A," as shown on the corrected plat "Altos Del Mar
No. 1," recorded in plat book 31 at page 40, of the public records of Miami-Dade County,
and lying in a portion of Government lot 2, section 2, Township 53 South, Range 42
East, City of Miami Beach, in favor of the City of Miami Beach and the owners of 7605
Collins Avenue; and conditioning the vacation on the owners of 7605 Collins Avenue's
execution of a covenant running with the land that the vacated property identified in
exhibit "A" not be constructed with habitable space due to the existing non-exclusive
perpetual easement along the length of the vacated area.
PASSED and ADOPTED this /9 day of OC7 ec , 2016.
Ai////1
PHI P LE , MAYOR
ATTEST:
/ 1 _ B APPROVED AS TO
Z� -�`�` �`�4 FORM& LANGUAGE
RAFAEL E. GRANADt, CI `•.'S- &FOR rECUTION
* A-P.P
* ':INCORP ORATRD:
: City Attorney Date
>
STATE OF FLORIDA.COUNTY OF MIAMI•DADE PNV GOUti rY
I HEREBY CERT Y that t s is a true copy of the � C.ER. cb
original filed i _day of `r '•1
11,
WITNESS my hand and.,r..ual::ual• GD ion IRVR, 04
HARVEY RUVIN,Clerl t Cif/ 0Cou Courts
By r /'� D.C. qOF court