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Unity of Title for 833 6th Street (Fire Station No. 1)liii ilk .dilililill ilIii This instrument was prepared by: Name: R afael A. Paz, City A ttorn ey Address: O ffice of the City Attorn ey City of Miam i Beach, Florida 1700 Con venti on Cent er Drive, 4 Floor M iam i Beach, Florida 33139 CCFN 2323F27555364 0R K 33934 Pass 4826-4839 (14Pss) IA} FERRA#DEZ-AR2JIN CLERE OF THE CURT ± OM TROLLER !A /I-DOE CO!JNTY, EI (Space Reserved for Clerk) UNITY OF TITLE WHEREAS, the undersigned, City of Miam i Beach, Florida (the "Ci ty"), bearing address, 1700 C onvention C enter Drive, Miam i Beach, Florida 33139/Attention City Manager, is the fee simple ow ner of tw o parcels of pro perty ("Pr op er ty"), legally described as: Lots 6 through 11, of Block 73, of OCEAN BREACH, FLA ADDITION NO. 3, according to the Plat thereof, recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Th e address of the Pr op e rty is 833 6" St reet, Mi am i Beach , Florida 33139, and bears the following Folio Num ber: 02-4203-009-4820; and WHEREAS, although the Property is identified by one Folio number, the Property consists of tw o parcels, divided by the M eridian Court right-of-w ay (th e "Alley"), wi th one parcel containing Lots 6- 8 and the other parcel containing Lots 9-11, of Bl ock 73, as more particularly described in the Sketch and Legal D escription attached hereto as Exhibit A; and WHEREAS, the existing building on the Pro perty encroaches onto a portion of the Alley, as such building w as constructed w ithout a vacation of the Alley, which vacation should have been accom plished at the tim e; and WHEREAS, on March 8, 2022, th e Historic Preservation Board ("H PB") executed an Order, approving the design fo r the Fire Station No. 1 develop m ent ("Fire Station Pro ject" or "Project") pursuant to File No. HPB 2 1-0483, a copy of w hich is recorded in O fficial Records Book 33075, at Page 4490, of the Public R ecords of Miam i-Dade County, Florida (the HPB Order"); and WHEREAS, the Fire Station Pro ject would similarly need to use the Pro perty and the adjoining Alley area as part of its Pro ject site ("P roject Site"); therefore, the vacation of the Alley would be necessary fo r the developm ent of the Project; and WHEREAS, the HP B O rder requires the O wner of separate adjoining parcels to execute a Unity of Title, requiring the joinder of the parcels of land that will comprise the Project Site; and WHEREAS, July 26, 2023, th e Mayor and City Commission adopted Resolution No. 2023- 32684 ("V acation R esol ution "), record ed in Of ficial Record s Book 33@34_, at Page HI7 r , of the P ublic R ecords of M iam i-Dade County, Florida; said Vacation Resolution approving the vacation of the portion of the A lley betw een the tw o parcels that comprise the Property, as more particularly described in the Sketch and Legal Description attached hereto as Exhibit A; and 2.023-328 U n ity o f T itl e / In d iv id u a l O w n e r Address: 833 6" Street, Miami Beach, Florida 33139 Page 2 of 4 (S pace Reserv ed fo r Clerk) WHEREAS, as a result of the vacation of the Alley right-of-way by the City, by operation of law, title to the Alley up to the centerline of the Alley reverts back to the City as the fee simple property owner for each of the adjoining parcels; therefore each parcel of the Property, together with the Alley became one contiguous parcel of land, as more particularly described in Exhibit A-1, attached hereto (hereinafter collectively referred to as the "Property"). NOW THEREFORE, in consideration of the issuance of permits for the subject Property and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees to restrict the use of the subject Property in the following manner: 1. That the Property shall be considered as one unit and no portion of said unit shall be sold, transferred, devised or assigned separately, except in its entirety as one unit. 2. City Inspection. As further part of this Unity of Title, it is hereby understood and agreed that any official inspector of the City of Miami Beach, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the Property to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 3. Covenant Running with the Land. This Unity of Title on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at the Owner's expense, in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Further provided, however, that a release will be executed when the Property is made to conform with applicable zoning regulations or the use or structure is removed from the premises and there is no further reason to maintain the Unity of Title on the public records. 4. Term . This Unity of Title is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Unity of Title is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Unity of Title has first been modified or released by the City of Miami Beach. 5. Modification, Amendment, Release. This Unity of Title may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders by all mortgagees, if any, provided that the same is also approved by the Director of the Miami Beach Department of Planning, or the executive U n it y o f T it le / In d iv id u a l O w n e r A d d r e s s : 8 3 3 6 " S tr e e t, Miami Beach, Florida 33139 Page 3 of 4 (Space Reserved for Clerk) officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence. Should this Unity of Title be so modified, amended or released, the Director of the Department of Planning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 6.Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this Unity of Title shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7.Authorization for the City to Withhold Permits and Inspections. In the event the terms of this Unity of Title are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. 8.Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 9.Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Unity of Title. 10.eyerability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK - SIGNATURE PAGES TO FOLLOW] U n it y o f T it le / In d iv id u a l O w n e r A d d r e s s : 8 3 3 6 Stre et, Miami B ea ch, Fl orida 33139 Page 4 of 4 (Space Reserved for Clerk} sone4, witnessed, executed an d acknowledged on a,2D"},, (_{led 20 2 3 . ATTEST: a5- ITY OF MIAMI BEACH, FLORIDA L a Signature E co . R af a e l E. Gr a nad o, City Clerk ii}. Pr int N am e: Al ina T. H udak, Ci ty M ana ger a \ · ts'[l} }]i ll - o 17 00 C onvention C enter D rive M iam i Beach, Florida 33139 S T A TE O F Florid C O U N T Y or Ma, _Dade T he fo reg o ing in stru m ent w a s ackno w le dg ed befo re m e, by m eans of phy si cal presence or ( ) o n lin e no ta rization . wi tn e s s m y si gnat ure an d offi ci al seal this ?a « @/her th e C ou n ty a n d S tate afo re sa id. ~'. - ·' :~-- 1 {«mMMttuu,, 'Lt) N',{M M. M.',, s'!'...":..3,", $ :·%,soy."0 , I o, 'A M y C om mi s si on Expi@s:9i6i$%., Notary Pub lic-S tate of _Ev_f·A'- 8 5 : " o> • -- 2: ··» '4z , «c oo6 s o : -2:.2e. ? %,%«c4?e;es %,"+'·. ms»?·°s t, uo, ·..·'s' o7«c, snor9" 'Hiw , 2023, in (e/2 l023 7 D a te Approved as to form & language & for execution: 9A 4o G SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20 FEET PUBLIC ALLEY VACATION EXHIBIT A OCEAN BEA CH, FLA . ADDITION NO. 3 (P.B. 2, PG. 81) LOT 12 N.E. CORNER, Or 11 N.W. CORNER. LOT6 BLOCK 73 LOT 1 LOT 10 LOT9 S.E. CORNER. LOT9 I I I LEGEND: P.. = PLAT BOOK i PG.= PAGE R/W = RIGHT OF WAY = CENTERLUNE N 88%01'55 E LOT 5 BLOCK 73 LOT6 0 15 30 : s SCALE 1" = 30' LOT7 S.W. CORNER. LOT 8 6TH STREET NOTICE: This document is not valid, full and complete without all pages. LOT 8 i « I F?pf l {1HIS IS NOT A SURVEY] I I I I . L@NGITuDE so«vevo«s 7700 N KENDALL DRIVE, SUITE 705, MIAMI, FLORIDA 33I56 " PHONE:(305)463-0912 • FAX:(305)513-5680 " WWW.LONGITUDESURVEYORS.COM JOB N0. 20293.0.03 PAGE 1 OF3 r SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20 FEET PUBLIC ALLEY VACATION EXHIBIT A LEGAL DESCRIPTION: . All of that portion of the 20 feet public Alley lying between Lots 6, 7,8,9,1 O and 11, of Block 73 of "OCEAN BEACH, FLA. ADDITION NO. 3", according to the plat thereof, as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County, Florida, bounded on the North by a line running from the Northeast Corner of said Lot 1l, to the Northwest Comer of said Lot 6, and bounded on the South by a line running from the Southeast Corner of said Lot 9, to the Southwest Corner of said Lot 8. Said land containing 3,001 square feet, more or less by calculations. [HIs IS Nor A suRVEY] A_ NOTICE: This docu ment is not valid, full an d com plet e without all pages. L@NGrTuDE ,svere«c 7700 N. KENDAL L DRIVE , SUITE 705, MIAMI, FLOR IDA 53l56 pf395?4@912 • FAX:(305)513-5680 • WWW.LONGITUDE SURVEYORS.COM JOB N0. 20293.0.03 PAGE2OF3 j SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20 FEET PUBLIC ALLEY VACATION EXH IBIT A SECTI ON 3 TOWNSH IP 5A S RANGE 42E H sT ,r e] I i[i! 1/77/ !i r1if l±ii T. El LO CATIO N M AP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PR EPAR A TION O F THIS D O C U ME NT: Th e Le g al D e script ion o f th e Sub j e ct Par c el w a s g e n er a te d fro m the followi n g docum ents: Pla t of "O C EAN BEACH, FLA, AD D I TI ON No 3" a c c ordi n g to th e Pl a t th ere of as recor d ed in Pl at Book 2 at Page 81 of th e Public Record s of Mi am i -D a d e C o un ty , Flor id a . . · Site Pl a n , Proj e c t C ity o f M iam i Be a ch , Fire St at ion # 1 prep ar e d by W ann em acher Jens en Arch itects, In c. Be ar in g N 88 O1'55 E, b ei n g e sta bl ish e d for th e cen t e rlin e of 6 St reet, sai d lin e to be considered a w ell establishe d and m on um ente d lin e. EA SEM E NT S AND ENC U MB R AN CE S: .N o inf or m a tio n w a s pr o vi d e d a s to th e e xi sten c e of an y e a sem en ts other th at wh a t appears on the un der lyin g Plat of recor d . Please refer to the R e stric tion s with re spe ct to p o ssible re stri ction s of re c o rd an d utility servi ces. O z g u ~ Sin c e no o th er in for m a tio n w er e furni sh e d o the r th a n wh a t is ci te d in the abo ve perti n en t inform ation used for th e prep ar a tion of thi s documen t, ,, th e Cl ien t is he reb y a d vi se d that th ere m a y be le g al re stri ction s on th e subj ect pro p erty tha t are not sh own on this Sketch or cont ain ed wit hin this EE rep or t th a t m y b e fo u n d in th e Pu bl ic Re c o rd s of Mi a mi -D a d e C o unty, Flor ida or any other public and private entities as their jurisdic tion s m ay ve a p p e ar . E r "' "' 7 ,_ u. 0 o • 0 o la o a d 5 a u. 0 Luu :c ... RE S TRI C TI ON S: Th is d o c um en t d o e s no t rep r e se n t a field b o un d ar y surv ey of th e describ ed pro p erty , or any par t or.par c el th ereof . SU R V EY O R 'S C ERTI FIC ATE I H ER EB Y CERTIFY th a t th e LEG AL D ESCR I PTI ON and SKETCH of th e subje ct ar ea descr ibe d her e on w as m ade un der m y super vision an d that the Le g a l D e scr ip tion m e et s th e Sta n d ar d s of Pra ctic e se t forth by th e Florid a Board of Pr of essional Land Surv eyors and M app er s in Ch apter 5J-17, Fl or id a A dm i nistr a tive C o d e . p ur s u an t to Se c tion 472.0 27, Flor id a Stat u tes, and that th e sket ch her e on is tru e and cor rect to the best of m y kn o wl e d g e a n d b el ief , su b je ct to no te s an d no ta tio ns sh o wn here on . Thi s sketch sh own is not a lan d surv ey. LONGITUDE SURVEYORS LLC., a Flor id a Limi te d Liab i lity C om p a ny Fl o rid a C er ti fica te o f A uth or iz a tio n N um b er LB 7335 Eduard o M . Suarez, PSM Pro fe ssion al Surv e yor a n d M ap p er LS63 13 Sta te o f.Flor id o 55vs , No.6313 ' 'w, w ,w- ·gi STATE or • Si roioA $ 2. 2$€. "ii sk' [THI S IS NOT A SURVEY] N O TI C E: N o t val id wi tho u t th e d igi ta l si gn a tur e a n d se al an d /or th e sig na ture and or igin al raised seal o f a Florida Licens ed Surv eyor and M apper . A d diti on s and d el e tion s to this m a p to Sur v e y by o th e r th a n th e sign in g party are proh ibited wi tho ut th e written cons en t of the sign in g party . L@NGITuDE svero« 7700 N. KENDALL- DRIVE, SUITE 705, MIAMI, FLORIDA 5156 'pl'f4&}g9/2 " FAX:(305)513-5660 • WWW.LONGITUDESURVE YORS.COM age JOB No0. 20293.0.03 PAGE3OF3 o SKETCH TO ACCOMPANY LEGAL DESCRIPTION FIRE STATION, MIAMI BEACH EXHIBIT A-1 OCEAN BEACH, FLA. ADDITION NO. 3 (P.B. 2, PG. 81) I s I ( N.E . CORNER, [ lOT 12 or ~ esoss \j • $ t},coos. i /- or s /. ,· 300.00' 0 25 50 I 1 - 1 SCALE 1" = 50' i ± I 1 N I ow i i BLOCK73 1 ;{ BLOCK 73 5 , ] ui c( q lo-'-------------___,' ;----------~----- > is lg< z% e 1 Q '$ "z ? oro· i ~ or [ # ' l@ E ? ' ? [? r ~ @ 'j ? i g ti "5 I ~~-' . LOTS es, i_1-so c,-....---,----- RI-N . . LOT9 ----::J ti-- RJW ------,---,-e 4 S8801'55W '300.00' s · --+-------~--- N88°0 1'S_S'E . _ s ' LOT 11 LO T9 6TH STREET I I I. LEG END: , P.B.= PLAT BOOK { PG.= PAGE R/W = RIGHT OF WAY g= CENTERLUNE LOT6 NO TI CE: Thi s docum ent is not valid, ful l an d complete with out all pa ges. [THIS is Nor A suRVEY] L@NG»TUE S UR V E Y ORS ' 770 0 N K E N D AL L DR IV E, SUI TE 70 5, MIAMI, FLO RI DA 53I5 6 " PH ON E:(3 05)463-0912 " FAX:(S05)5I 3-5680 • W W W .LONGITUD E SURVE YOR S.COM JOB No. 20293.0.09 PAGE I OF3 ( S K ET C H T O A C C O M PA N Y LE G A L D E S C R IP T IO N I FIR E STAT IO N , M IA M I B EA C H LEGAL DESCRIPTION: EXHIBIT A-1 AII of Lots 6, 7, 8, 9, 10 and 11, of Block 73 of "OCEAN BEACH, FLA. ADDITION NO. 3", according to the plat thereof, as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: I All of that portion of the closed/vacated 20 feet public Alley of said Block 73, bounded on the North by a line running from: the Northeast Comer of said Lot 11, to the Northwest Comer of said Lot 6, and bounded on the South by a line running from the Southeast Corner of said Lot 9, to the Southwest Corner of said Lot 8. Containing 45,021 square feet (1.0335 acres), more or less by computations. [THIS IS NOT A s~RVEY] NOTICE: This document is not valid, full and complete without all pages. LONGITUDE so«veroR 7700 N KENDALL DRIVE, SUITE 705, MIAMI, FLORIDA 33I56 " PHONE:(305)463-0912 " FAX:(305)5I5-5680 " WWW.LONGITUDESURVEYORS.COM Page 442 of 1588 JOB No. 202 93.0.09 PAGE 2OF 3 o SKETCH TO ACCOMPANY LEGAL DESCRIPTION FIRE STATION, MIAMI BEACH EXHIBIT A-1 a ±, =TT' HA ef% d, < il o, £= ~ u! ....1 I 2l 5l o z :::, ~- 0 o zi g z Do o i 6 5, Since no other inform ation were fumish ed other than wh at is cited in the ab ove pertin ent inform ation used for the prep aration of this documen t, !l the Clien t is hereby advised that there may be legal restrictions on the subject prop erty that are not shown on this Sketch or con tained wit hin this 1, rep ort that may be found in the Pub lic Records of Miami-D ade. County, Florida or any other public an d private entities as their jurisdiction s may j; app ear. g; be { 0I g, :!:1 r le 52 t LI r n u 5 I- I t,0~~1do ~- f;.,. • ~ i , • 8 • & B '° STAT? O• '~ ' )y,_ o., F0RUA d l } Eduardo M. Suarez, PSM • pg t Registered Surveyor and MapperLS6313 • .,,,,,,,,, I i'HIS IS NOT A SURVEY I ~It- 1 1 , i State of Florida _ _ {NOTICE: Not valid without the digital signa ture an d seal an d/or the sign ature and original raised seal of a Florida { Licensed Surveyor and Mapper. Additions or deletion s by other than the signing party are prohibited without the E wri tten con sen t of the signing party . NOTICE: This document is not valid, full and complete without all pages. 5TH ST LT LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FO R THE PREPARATION OF THIS DOCUMENT: The Legal Description of the Subject Parcel was generated from the following documents: 1.~ Plat of "OCEA N BEA CH. FLA . ADDITION NO, 3" recorded in Plat Bo0k 2, at Page 81 of the Public Records of Miami-Dode County, Florida. 2., Bound ary Survey. prep ared by Longi tude Surveyors, LLC., Proj ect No. 20293.0.02. 3., Miami-D ade County, Florida tax folio 02-4203-00 9-4820. [Bearings shown hereon are based up on the Centerline of 6th Street, with an assum ed bearing of N 88 01'55 E, said line to be consi dered a well I established and monumented line. i EA SEM ENTS AND ENCUMBRANCES: I No inform ation was provided as to the exis tence of any easements other that what appears on the underlying Plat of record. Please refer to the Restrictions with respect to possible restrictions of record and utility services. : RESTRICTIONS: ,This docum ent does not represen t a field bound ary survey of the describ ed prop erty, or any part or parcel thereof. ' SURVEYOR'S CERTIFICATE i 1 1 hereby certify: That the Legal Description and Sketch of the subject area described hereon was mode under my supervision and that the Legal Description meets the Standards of Practice set forth b the Florida Boord of Professional Land Surveyors and Mappers in Chapter 5J-17. Florida Admi iistative Code pursuant to Section 472.027, Fida statutes, and that the sketch hereon is correct to the b~st of my knowledge and belief. [ subject to notes an d notation s shown hereon . This sketch shown is not a lan d survey. 'LONGITUDE SURVEYORS LLC . a Florida Limited Liability Comp any ,Florida Certificate of Author ization Numbe r LB7335 L@NGITuDE so«vevoss 7700 N KENDALL DRIVE, SUITE 705, MIAMI, FLORIDA 33I56 " PHONE:(305)63-0912 " FAX:(305)513-5680 " WWW.LONGITUDESURVEYORS.COM Pa e 443 of 1588 JOB No. 20293.0.09 PAGE 3 OF 3 R E S O L U T IO N N O . 2023-32684 A RESOLUTION OF THE MAYOR AND CITY COMMISSION ~F THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF THAT PORTION OF THE RIGHT-OF-WAY, THAT IS MERIDIAN COURT, LYING BETWEEN LOTS 6, 7, 8, 9, 10 AND 11, OF BLOCK 73, OF "OCEAN BEACH, FLA ADDITION NO. 3", RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (THE "PLAT"), BOUNDED ON THE NORTH BY A LINE RUNNING FROM THE NORTHEAST CORNER OF SAID LOT 11, TO THE NORTHWEST CORNER OF SAID LOT 6, AND BOUNDED ON THE SOUTH BY A LINE RUNNING FROM THE SOUTHEAST CORNER OF SAID LOT 9, TO THE SOUTHWEST CORNER OF SAID LOT 8, CONTAINING APPROXIMATELY 3,001 SQUARE FEET (THE "ALLEY"); AND AUTHORIZING THE CITY MANAGER TO GRANT NON-EXCLUSIVE UTILITY EASEMENTS TO CURRENT UTILITY PROVIDERS AND FUTURE UTILITY PROVIDERS, AS NEEDED, FOR USE OF AN EASEMENT AREA LYING IN A PORTION OF THE ALLEY AND LOT 6, OF BLOCK 73, OF THE PLAT, HAVING APPROXIMATELY 4,132 SQUARE FEET, TO PROVIDE UTILITY SERVICES FOR THE NEW FIRE STATION NO. 1 AND SURROUNDING PROPERTIES; AND AUTHORIZING THE CITY MANAGER TO GRANT FLORIDA POWER & LIGHT (FPL) AN EXCLUSIVE UTILITY EASEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A VAULT ROOM, WITHIN AN EASEMENT AREA LYING IN A PORTION OF THE ALLEY AND LOTS 6 AND 7, OF BLOCK 73, OF THE PLAT, HAVING APPROXIMATELY 318 SQUARE FEET, AS A REPLACEMENT FOR THE VAULT ROOM CURRENTLY LOCATED ON THE PROJECT SITE; AND FURTHER AUTHORIZING THE CITY MANAGER TO RECORD AN INGRESS/EGRESS EASEMENT, FOR USE OF AN EASEMENT AREA LYING IN A PORTION OF THE ALLEY AND LOT 6, OF BLOCK 73, OF THE PLAT, HAVING APPROXIMATELY 3,993 SQUARE FEET, - FOR USE BY THE PUBLIC TO ACCESS MERIDIAN COURT FROM MERIDIAN AVENUE, ALONG THE NORTHERN PORTION OF THE PROJECT SITE; SAID EASEMENT AGREEMENTS BEING SUBJECT TO APPROVAL BY THE CITY ATTORNEY. WHEREAS, on July 31, 2019, purs uant to Request fo r Q ualifications (RFQ ) No. 2019- 208-ND , th e Mayor and City Com m ission adopted Resolution No. 2019-30913 appro ving and authorizing the Mayor and City Clerk to execute an Agreem ent with W annem ach er Jen sen Architects, Inc. (W JA ), for Architectural and Engineering Design Serv ices, for the new Fire Station No. 1 facility ("Fire Station Project" or "Pr oject"); an d WHEREAS, in Jan uary 2021, after several rounds of conceptual design, W JA subm itted 30% construction docum ents fo r the new Fire Station No.1 at the site of the South Shore Com m unity C enter, located at 833 6th Stre et, in the Flam ingo Park Neighborhood (the "Project Site"); and WHEREAS, the proposed 29,369 square fo ot facility will pro vide fo ur drive-thru apparatus bays, living spaces, offices, a kitchen, a gym , support facilities and 34 parking spaces, and veh icular access is mai ntai ned to surface Parking Lot P-11, wh ich is located on site, and to M eridian Court right-of-w ay (the "A lley"); and WHEREAS, in July 2021, the Project was subm itted to the Planning departm ent fo r Historic Preserv ation Board (HP B) review , and on Decemb er 8, 2021, th e Mayor and City C o m m is s io n a d o p te d R e s o lu tio n N o . 2 0 2 1-3 19 4 9 , a p p ro v in g th e w a iv e r o f th e D e v e lo p m e n t R e g u la tio n s , p u rs u a n t to S e c tio n 14 2 -4 2 5 (d ) of th e L a n d D e v e lo p m e n t R e g u la tio n s , a ft e r a d u ly no tic e d p u b lic h e a rin g , a s re q u ire d fo r th e P ro je c t d e s ig n ; a n d WHEREAS, on the March 8, 2022, after two presentations to the HPB, the updated design incorporating all design modifications was approved; and WHEREAS, conditions to the approval by the HPB include preparation of a Unity of Title for the parcels of land that comprise the Project Site and will require vacation of the existing Alley, located between the two existing parcels which comprise the Project Site; and WHEREAS, the existing building on the Project Site currently encroaches on a portion of the Alley, as such building was constructed without a vacation of the Alley, which vacation should have been accomplished at the time; and WHEREAS, during the development of the 60% and 90% Construction Documents, the consultants coordinated with several utility providers that exist on site, and determined that Florida Power and Light (FPL) and AT&T have utilities that run under the existing building, which will need to be relocated to continue to serve the rest of the surrounding area during construction of the Project; and WHEREAS, the relocation of the utilities will be addressed as a part of the Fire Station Project; and WHEREAS, on October 9, 2022, the Mayor and City Commission adopted Resolution No. 2023-32520, amending the contract with WJA to include the services necessary to address the vacation of the Alley, dedication of required easements, and preparation and recording of the Unity of Title as required by HPB; and WHEREAS, the portion of the Alley, which exists between the two parcels of land, will have to be vacated, combining the two parcels into one contiguous parcel, so that the Unity of Title, required by HPB, can be recorded; and WHEREAS, the Administration recommends vacating the portion of the Ally lying between Lots 6, 7, 8, 9, 10 and 11, of Block 73, of "Ocean Beach, Fla Addition No. 3", recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida (the "Plat"), bounded on the north by a line running from the northeast corner of said Lot 11, to the northwest corner of said Lot 6, and bounded on the south by a line running from the southeast corner of said Lot 9, to the southwest corner of said Lot 8, containing approximately 3,001 square feet, as more particularly described in the sketch and legal description, entitled "20 Feet Public Alley Vacation," attached to the City Commission Memorandum accompanying this Resolution ("City Commission Memorandum") as Exhibit A; and WHEREAS, once the Unity of Title is recorded, the Project Site will be combined into one large parcel of land, with one folio number, having approximately 45,021 square feet, lying in all of Lots 6, 7, 8, 9, 10 and 11, of Block 73 of the Plat, together with the Alley, as more particularly described in the Sketch and Legal Description, entitled "Fire Station, Miami Beach", attached to the City Commission Memorandum as Exhibit A-1 (the "Contiguous Parcel"); and WHEREAS, several meetings have been held with representatives of FPL to coordinate the scope of work required for the relocation of the electrical service; and W H E R E A S , the relocated electrical service will run east on 6th Street, north on Meridian Avenue-and then west across the P-11 Parking Lot; and WHEREAS, where the electrical service crosses the P-11 Parking Lot, a utility easement will be required to allow FPL to cross the private Contiguous Parcel; and WHEREAS, the relocation work associated with the FPL facilities will also include the relocation of existing duct bank, abandonment of existing vault room, and the installation of temporary power during construction; and WHEREAS, in connection with the development of the new Fire Station Project, FPL will need to construct a new vault room on the Contiguous Parcel in order to continue to serve the Fire Station Project and the surrounding properties; and WHEREAS, similarly, meetings were held with representatives of AT&T, to coordinate the scope required to reroute their lines and facilities which conflict with the construction of the new fire station; and WHEREAS, AT&T proposes to reroute their lines east on 6th Street, north on Meridian Avenue, west across the P-11 Parking Lot, and north on the Alley, to an existing manhole on 7th Street; and WHEREAS, where the AT&T service crosses P-11, a Utility Easement will also be required to allow AT&T to cross the Contiguous Parcel; and WHEREAS, in a companion City Commission agenda item, the Administration is seeking approval to pay for the costs associated with the relocation of the FPL & AT&T utility facilities which conflict with the Fire Station Project Site, including design and engineering services, and construction costs associated with the relocation of the FPL and AT&T utility; and WHEREAS, the relocated FPL and AT&T utilities will require a Utility Easement to cross the Contiguous Parcel; and ' WHEREAS, other utility providers, TECO gas, Comcast and City of Miami Beach Public Works Department (water distribution lines), also cross P-11 to provide service from the Alley, north of the Project Site; and WHEREAS, the Administration is requesting authority to grant Non-Exclusive Utility Easements to the current utility providers and future utility providers, as needed, for use of an Easement Area located on a portion of the Contiguous Parcel, lying in a portion of the Alley and Lot 6, of Block 73, of the Plat, having approximately 4,132 square feet, as more particularly described in the Sketch and Legal Description, entitled "Non-Exclusive Utility Easement, attached to the City Commission Memorandum as Exhibit B; and WHEREAS, an Exclusive Utility Easement will be required by FPL for the installation, operation and maintenance of a vault room, extending south from the Non-Exclusive Utility Easement Area, having approximately 318 square feet, lying in a portion of the Alley and Lots 6 and 7, of Block 73, of the Plat, as more particularly described in the Sketch and Legal Description, entitled "Florida Power and Light Company Utility Easement," attached to the City Commission Memorandum as Exhibit B-1; and 3Re E!K 3,39936 FG 4335% L.AST FGE WHEREAS, residents, utility providers, sanitation contractors and others will need to access to the Alley by crossing the northern portion of the Contiguous Parcel, including the drive aisle of Parking Lot P-11, between the Alley and Meridian Avenue; as such, an Ingress/Egress Easement will be required, having an Easement Area of approximately 3,993 square feet, lying in a portion of the Alley and Lot 6, of Block 73, of the Plat, as more particularly described in the Sketch and Legal Description, entitled "Ingress/Egress Easement," attached to the City Commission Memorandum as Exhibit C; and WHEREAS, the City Manager recommends approving the vacation of the 20 foot Alley to accommodate the Fire Station Project, particularly since the existing building is already encroaching on the Alley; and further approving and authorizing the City Manager to grant the easements referenced herein. 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 hereby approve the vacation of that portion of the Right-of-Way, that is Meridian Court, lying between Lots 6, 7, 8, 9, 10 and 11, of Block 73, of "Ocean Beach, Fla Addition No. 3", recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida (the "Plat"), bounded on the north. by a line running from the northeast corner of said Lot 11, to the northwest corner of said Lot 6, and bounded on the south by a line running from the southeast corner of said Lot 9, to the southwest corner of said Lot 8, containing approximately 3,001 square feet (the "Alley"); and authorize the City Manager to grant Non-Exclusive Utility Easements to current utility providers and future utility providers, as needed, for use of an Easement Area lying in a portion of the Alley and Lot 6, of Block 73, of the Plat, having approximately 4,132 square feet, to provide utility services for the new Fire Station No. 1 and surrounding properties; and authorize the City Manager to grant Florida Power & Light (FPL) an Exclusive Utility Easement for the installation, operation and maintenance of a vault room, within an Easement Area lying in a portion of the Alley and Lots 6 and 7, of Block 73, of the Plat, having approximately 318 square feet, as a replacement for the vault room currently located on the Project Site; and further authorize the City Manager to record an Ingress/Egress Easement, for use of an Easement Area lying in a portion of the Alley and Lot 6, of Block 73, of the Plat, having approximately 3,993 square feet, for use by the public to access Meridian Court from Meridian Avenue, along the northern portion of the Project Site; said Easement Agreements being subject to approval by the City Attorney. PASSED and ADOPTED this :P!t__ctay of JL_Lf_w,___ __ _,, 2023. ATT EST'd Dan Gelber, Mayor JUL 2 8 2023 Raeel Z. Garao, Ciy Cl erk APPRO VED AS TO FORM & LANGUAGE & FOR EXECUTION tr rs· aw wee t» % O F F IC E OF T H E P R O P ER T Y A P P RA IS ER S um m ary R e port Generated On: 12/29/2023 PROPERTY INFORM ATIO N Folio Property Address Owner Mailing Address Primary Zone Primary Land Use Beds / Baths /Half Floors Living Units Actual Area Living Area Adjusted Area Lot Size Year Built EEE,EEEITIJ 02-4203-009-4820 833 6 ST MIAMI BEACH, FL 33139-6319 CITY OF MIAMI BEACH 1130 WASHINGTON AVE MIAMI BEACH, FL 33139-4600 8000 COMMUNITY FACILITIES 8940 MUNICIPAL: MUNICIPAL 0/0/0 1 0 Year Land Value Building Value Extra Feature Value Market Value Assessed Value 13,761 Sq.Ft 45,001 Sq.Ft 1970 2023 2022 2021 $2,100,000 $2,100,000 $2,100,000 $1,203,399 $1,203,399 $1,058,991 $132,614 $133,994 $135,374 $3,436,013 $3,437,393 $3,294,365 $3,436,013 $3,437,393 $3,294,365 -2 2023 2022 2021 Benefit Type Municipal Exemption $3,436,013 $3,437,393 $3,294,365 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). SHORT LE GAL DESCRIPTI ON OCEAN BEACH ADON NO 3 PB 2-81 LOTS 6 THRU 11 BLK 73 & ALL OF ALLEY ADJ & LYG BET LOTS 6-11 CLOSED RES#2023-32684 PER UNITY OF TITLE OR33934-4826 TAXA BLE VAL UE INFORMATION Year 2023 2022 2021 COUNTY Exemption Value $3,436,013 $3,437,393 $3,294,365 Taxable Value $0 $0 $0 SCHOOL BOARD Exemption Value $3,436,013 $3,437,393 $3,294,365 Taxable Value $0 $0 $0 CITY Exemption Value $3,436,013 $3,437,393 $3,294,365 Taxable Value $0 $0 $0 REGIONAL Exemption Value $3,436,013 $3,437,393 $3,294,365 Taxable Value $0 $0 $0 SALES INFORMATION Previous Sale Price OR Book- Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp T o r r e s , G i s e l a From: Sen t: To: C c: Su bject : A ttach m ents: Torres, Gisela Friday, December 29, 2023 2:17 PM Granado, Rafael Dieguez, Gloria; Paz, Rafael; Miro, Elizabeth; Dominguez, Ozzie; Alfonsin, Gabriela; Gomez, Joe; Knowles, Rodney; Osborne, Aaron; Pena, Giancarlo; Martinez, David; Cerna, Maria; Fung, Herman; Mooney, Thomas; Kallergis, Nick FW: Fire Station No. 1 Recorded Resolution No. 2023-32684 and Unity of Title; Vacation of Meridian Court adjacent to Folio No. 02-4203-009-4820 Unity of Title-833 6th Street (Fire Station No. 1 ).pdf; Folio No. 02-4203-009-4820 showing property consolidated.pdf Good afternoon Ralph, Attached please find the recording of Resolution No. 2023-32684 and the Unity of Title for the Fire Station No. 1 site. The Property Appraiser's Office has already updated its records to reflect the entire, consolidated parcel, as attached. I will be providing you with the originals on Tuesday. Please let me know if you have any questions. Happy New Year to you. Regards, ;oeta Vanson Sovveo Senior Assistant City Attorney City Attorney's Office City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000 Extension 26955 We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Dieguez, Gloria <GloriaDieguez@miamibeachfl.gov> Sent: Thursday, November 2, 2023 10:37 AM To: Torres, Gisela <Gisela Torres@miamibeachfl.gov> Su b ject: Unity- Recorded and received from Clerk of the Court Hi Gisela, See attached. Regards, M IA MI BF ACH Gloria M. Dieguez, Legal Secretary to Ricardo J. Dopico, Deputy City Attorney Gisela N. Torres, Senior Assistant City Attorney 1