Resolution 2024-32934 RESOLUTION NO' 2024-32934
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING,
AUTHORIZING THE APPROVAL OF THE PLAT OF"ALTON 3900",ATTACHED
TO THIS RESOLUTION AS EXHIBIT"A", SUBMITTED BY 3900 ALTON ROAD
OWNER LLC, OWNER OF THE PROPERTY LOCATED AT 3900-4000 ALTON
ROAD, BEARING FOLIO NO. 02-3222-011-0432; SAID PLAT INCLUDING: (1)
THE REPLAT OF ALL OF LOT 53, AND A PORTION OF LOTS 52, 54, AND 55,
OF BLOCK 1, OF "NAUTILUS SUBDIVISION", ACCORDING TO THE PLAT
THEREOF,AS RECORDED IN PLAT BOOK 8, PAGE 95;AND THE REPLAT OF
A PORTION OF LOT D, OF "RE-SUBDIVISION OF LOTS 48, 49, 50 & 51, OF
BLOCK 1,"NAUTILUS SUBDIVISION",ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 35, PAGE 46 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY,FLORIDA;AND INCLUDING A PORTION OF SECTIONS
22 AND 27 IN TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING AND BEING IN
THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN THE PLAT(COLLECTIVELY,PARCEL 1);AND
(2)A PARCEL LYING IN A PORTION OF SECTION 27 IN TOWNSHIP 53 SOUTH,
RANGE 42 EAST, AS MORE PARTICULARLY DESCRIBED IN THE PLAT
(PARCEL 2),SUBJECT TO MODIFICATION AND APPROVAL BY MIAMI-DADE
COUNTY,AND PROVIDED THAT PRIOR TO EXECUTION AND RECORDATION
OF THE FINAL PLAT, THE UTILITY EASEMENT AGREEMENT FOR WATER
MAIN IS RECORDED AND REFERENCED IN THE SPECIAL EXCEPTIONS OF
THE FINAL PLAT; FURTHER,AUTHORIZING THE CITY CLERK TO TRANSMIT
THIS RESOLUTION TO MIAMI-DADE COUNTY TO COMPLETE THE PLATTING
PROCESS; FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE APPROVED FINAL PLAT;AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENTS IN
CONNECTION WITH THE COMPLETION OF THE PLATTING APPROVAL
PROCESS.
WHEREAS,3900 Alton Road Owner LLC(the"Owner"),is the owner the property located at
3900-4000 Alton Road(the"Property"),which Property is uniquely located directly to the southeast
of the intersection of Alton Road (SR 907)and 41st Street/Julia Tuttle Causeway; and
WHEREAS, the Property, bearing Miami-Dade County Folio No. 02-3222-011-0432 is
composed of the following two parcels:
(1) all of Lot 53 and a portion of Lots 52, 54, and 55, of Block 1, of "Nautilus
Subdivision",according to the Plat thereof as recorded in Plat Book 8,Page 95;and a portion of Lot
D, of"Re-Subdivision of Lot 48, 49, 50&51, Block 1, "Nautilus Subdivision", according to the Plat
thereof,as recorded in Plat Book 35, Page 46 of the Public Records of Miami-Dade County,Florida;
and including an unsubdivided section of the Property lying in a portion of Sections 22 and 27 in
Township 53 South, Range 42 East, lying and being in the City of Miami Beach, Miami-Dade
County, Florida, and more particularly described in the final Plat(Collectively, "Parcel 1"); and
(2) and an unsubdivided portion of Section 27 in Township 53 South, Range 42 East,
lying and being in the City of Miami Beach, Miami-Dade County, Florida, and more particularly
described in the final Plat("Parcel 2");and
WHEREAS,on May 14,2021,Owner purchased Parcel 1 from M-4000 Alton Owner, LLC.,
and on August 19, 2021, Owner purchased Parcel 2 on from the Florida Department of
Transportation (FDOT); and
WHEREAS,on December 2021,the City's Design Review Board approved plans fora nine-
story, 176-unit apartment complex on the Property (File No. DRB21-0664)(the"Project"); and
WHEREAS,on February 2023,Owner commenced construction of the Project,which is set
to be completed in the Fall of 2024; and _
WHEREAS, the City owns a 36-inch (36") transmission water main (the "Water Main"),
located along the south side of the 41st Street/Julia Tuttle Causeway and a portion of the Water
Main falls within the northern portion of Parcel 2 and Owner has agreed to grant a perpetual,
irrevocable, exclusive Utility Easement Agreement for Water Main ("Water Main Easement"),
having an easement area containing approximately 4,989 square feet("Easement Area"),along the
northwesterly portion of Grantor's Property, for the City to construct, install, operate, maintain,
repair, replace, upgrade, relocate, expand, remove and/or abandon all or a portion of the Water
Main,together with the non-exclusive right of ingress,egress and regress on,over and through the
Grantor's property for access to the Easement Area; and
WHEREAS, the approval of the Water Main Easement will be submitted pursuant to a
separate City Commission agenda item; and
WHEREAS, the Owner desires to plat the Property under the name of"Alton 3900" (the
"Plat")and include Parcels 1 and 2 in the Plat and
WHEREAS, Pursuant to Chapter 28 of the Miami-Dade County Code, relating to the
subdivision of land, Miami-Dade County (the "County") controls all division of land, and
municipalities of Miami-Dade County may elect to have their own plat committee, or request for
have the County's plat division to review tentative plats, re-plats, and the final plats; and
WHEREAS, the,City of Miami Beach does not have its own plat division; and
WHEREAS, prior to taking action on approving this new Plat within the jurisdiction of Miami
Beach, the County requires authorization by the City to proceed; and
WHEREAS, pursuant to Section 177.081, Florida Statutes, prior to approving a plat, the
governing body is required to have a professional surveyor and mapper review the Plat to ensure
compliance with Chapter 177, Florida Statutes; and
WHEREAS, the Owner has secured approval of the"Alton 3900"Tentative Plat#T-24696
from the City's professional surveyor and mapper and the County, and now seeks approval of the
final Plat; and
WHEREAS, Longitude Surveyors, LLC("Longitude"), a professional surveyor and mapper
retained by the City, has reviewed the final Plat and has found the final Plat to be in compliance with
Chapter 177, Florida Statutes and Chapter 28 of the County Code; and
WHEREAS, the Owner shall be responsible for all costs related to the platting process
including, without limitation, Longitude's fees and the platting consultant's fees; and
WHEREAS,the City Manager recommends that the Mayor and City Commission,following
a duly noticed public hearing,authorize the approval of the final Plat,a copy of which is attached to
this Resolution as Exhibit "A", subject to modification and approval by Miami-Dade County, and
provided that prior to execution and recordation of the final Plat, the Water Main Easement is
recorded and referenced in the special exceptions of the final Plat;further,authorize the City Clerk
to transmit this Resolution to Miami-Dade County to complete the platting process; further,
authorize the Mayor and City Clerk to execute the approved final Plat;and further authorize the City
Manager to execute any additional documents in connection with the platting approval process.
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,following a duly
noticed public hearing,authorize the approval of the Plat of"Alton 3900",attached to this Resolution
as Exhibit"A", submitted by 3900 Alton Road Owner LLC, owner of the property located at 3900-
4000 Alton Road,bearing Folio No.02-3222-011-0432;said Plat including:(1)the replat of all of Lot
53,and a portion of Lots 52, 54,,and 55,of Block 1,of"Nautilus Subdivision",according to the Plat
thereof,as recorded in Plat Book 8, Page 95;and the replat of a portion of Lot D,of"Re-subdivision
of Lots 48,49,50&51,of Block 1,"Nautilus Subdivision",according to the Plat thereof,as recorded
in Plat Book 35, Page 46 of the Public Records of Miami-Dade County, Florida; and a portion of
Sections 22 and 27 in Township 53 South, Range 42 East, lying and being in the City of Miami
Beach, Miami-Dade County,Florida,as more particularly described in the Plat(collectively, Parcel
1); and(2)a parcel lying in a portion of Section 27 in Township 53 South, Range 42 East,as more
particularly described in the Plat(Parcel 2), subject to modification and approval by Miami-Dade
County, and provided that prior to execution and recordation of the final Plat,the Utility Easement
Agreement for Water Main is recorded and referenced in the special exceptions of the final Plat;,
further, authorize the City Clerk to transmit this Resolution to Miami-Dade County to complete the
platting process;further,authorize the Mayor and City Clerk to execute the approved final Plat;and
further authorize the City Manager to execute any additional documents in connection with the
completion of the platting approval process.
PASSED and ADOPTED this al day of eb14447 , 2024.
ATTEST:
7)4' •
FEB 2 3 2024
Rafael E. Granado, City Clerk Steven Meiner, Mayor
!►1 BFq''',,,
...4 ~~cti,,
• yi
IINCORP OKAYED). 'I
qoi
"" APPROVED AS TO
FORM& LANGUAGE
&FOR EXECUTION RE
City Attorney 44r, Dote
AL TON 3900 PLAT BOOK
A RESUBDIVISION OF ALL OF LOT 53 AND APORTION OF LOTS 52,54,AND 55.BLOCK 1, WAUTILUS SUBDIVISION'.ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
B.PAGE 95,A PORTION OF LOT D,'RE-SUBDIVISION OFLOT4B.49.50651 OF BLOCK 1.OF'MAUTRI.US RESUBDIVISION',ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 35,PAGE 46 OF THE PUBLIC RECORDS OF MIAMI•DAOE COUNTY,FLORIDA AND A PORTION OF SECTIONS 22AND 27/N TOWNSHIP 53 SOUTH,RANGE 42 EAST PAGE
LYING AND BEING IN THE CITY OF MIAMI BEACH,MIAMI-DADE COUNTY,FLORIDA.
PREPARED BY SHEET 1 OF 3 SHEETS
J.HERNANDEZ AND ASSOCIATES,INC.LAND SURVEYORS AND MAPPERS
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ROM-Or-MAT MOP SEC7#4 67090-2402 SKEET 16 Or 76),RL0A7 5017N scorn'cur 117R 5566 1IIT ro PTAMMER Rama I.WW6M5(PRAM A40 PCMLNUR cam AIMS(P.CP3)8£7E SET O4
TES FONT O BECNNEK De-_Mr 0' AO..202J N ACG1104Ye M7IH SWIPE 171091 Or SAO OMPI7R FRED FOR RECORD,MA 04r 0' AD,2024,AT IO N
177,PART I. BOOK_OF PUTS AT PAY Of)NE PUB1AC MUM OF MIU7-HIDE COUNTY,
MC NO HAD N SEGPDS 27, TO79DP 53 50NR BMOC R GR.LOAN 9401 0E COOT: FLORIDA DES MAI NMReS TORN THE LADS Or THE STATE OF R040A AND E0440-ONE COUNTY,
110704 ROI06A
Br O4 TIE_DIYO�AD 2024. CREST.•JWN FERN.WDEZ-BARMEN
NOTICE: ors FIR,AS RCCPPOD N OS GROW 10A14 6 THE OTu44 067C'I04 Of ME CLERK OF ME COURT AND COMPTROLLER
REEWE(D VACS OESOOED WEN MD►RL N AD CWGA6PK 5 BE 9NRAYRD N AU720.57Y Br .OSE G/ZEWA07 . M110-04DE CO4R71Y,ROAM
ANY OMMER MEW DR DOTAL MTV Of RE PLAT. RSV MAT 7E AMMO!REARC RNS 77IA7 ARE PMYE0OLM 24001 YTS AV MIFPLR LS NO.59552 SMR'O 110401
NOT RR'OR:5 D4 MS RAT MAT MAT BE RAND N DE RELIC RECORDS N NS=N77: .050MANDCZ NO ASSOW 1q AC LAW 9A951ARS NO MAPPERS
JYA RR 112E ATE SURE 14 WRAC IL.U172
/LORCA C[RREOT 0'AURf0OJATIC4 LB R0 8092 or DEPUTY CLERK
AL TON 3900 PLAT BOOK
A RESUBOIVISION OF ALL OF LOT 53 AND A PORTION OF LOTS 52,54,AND 55,BLOCK 1, NAUTILUS SUBDIVISION',ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
8,PAGE 95,A PORTION OF LOT D.'RE-SUBDIVISION OF LOT 48,49,50 B 51 OF.BLOCK 1,OF'NAUTIL US RESUBDIVI SION',ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 35.PAGE 46 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY.FLORIDA AND A PORTION OF SECTIONS 22AND 27INTOWNSHIP 53 SOUTH,RANGE 42 EAST. PAGE
LYING AND BEING IN THE CITY OF MIAMI BEACH,MIAMI-DADE COUNTY,FLORIDA.
PREPARED BY
J.HERNANDEZ AND ASSOCIATES, INC. LAND SURVEYORS AND MAPPERS SHEET 2 OF 3 SHEETS
CERTIFICATE OF AUTHORIZATION 18 NO.8092
JJ00 MY I121h AYE SW 10.CORM..R 3J172-51J0S-526-0606
AUGUST 24.2021
IN WITNESS WHEREOF: MORTGAGE:
KNOW ALL MEN BY THESE PRESENTS:
TINT J57 ALRN Raw OWRER/1G A LYIARAPELdRID UABUR CYPMY.MS GUS70 THESE PRESENTS MO AC 8457G R//OVAt ASSOWlR7L RE MINER MD RDIDEDER K NIT CERTAIN 1KC4/TAOL ASSC]M14T
70 BE CE OT I6P NA7N as B71/IF IS MOM orA es Met 4PO9N1DR N RE Of LASES MO RENTS MORN AGPEEWIMAW MUTE RIML M ED MSIMSER 11C 202Z MO
PfSSDAE'PI'11E37)lA MESSES.THIS_ OF A6,2024. RLWB][D ON hENDOT R I7.2022 N DI77OW.B[CORM 800%23471 AT PAGE 1010 OF THE RAMC
HELO975 Or 17.00-1INE COUNTY,ROMA4 DOES HMO'C.SOIT N TIES PUT MOJ005 N RE ABOCE
OFOCCRONS
3900ALTON ROAD OWNER LLC, IN WITNESS WHEREOF..
A DELAWARE LIMITED LIABILITY COMPANY,
MAT P.1C BOAC NMONAL ASSOCIDYL HAS GVAED 11ESE PRESENTS 1D 02 901007 RCP NO N ITS BEµ lF
BY ALEX INK q5 SOWIR YXE PRE DOYI,WINE PR M!.OF DOE no WRRESFES ON RS_DAY OF
AO.2024.
WINER:
PRINT NAME: B71
AUTHORIZED OFFICER
PRINT NAME,JORDAN RORNBERI, PNC BANK,
WRH45, TITLE VLNNRE COORDINATOR NATIONAL ASSOCIATIONPRINT PAYE
WITNESS:
PRINT NAME
ACKNOWLEDGMENT.. SENIOR ME PRESIDENT
PRINT NAND ALEX HAW
STATE OF FLORIDA SS I HEREBY CERTIFY.•o7 ON TI M DAY,PDLSOIMUY `
COUNTY OFMIAMYDADE APRAI161 BEM NZ AN ORKER oar Nowa=D 70 PRAT NAME
AMMOAER OOM NO ERNE ALYNORI01011 MS AXAW!KERVIER4 AS 4100UK COMMA 07 JIM
ALTON ROW OOEN LLC A 0434840E MOLD LA6ERY C0L°ANY.IA7 5 F MOY8LLY WARN 70 IC TO •
BE THE OM=M E0+marWm NO WO AEOR4 1W/OP7DOWC MSIMAENT NO ACOAPU$04 ACKNOWLEDGMENT:
DE COMMON DERIVE 70 BE IS FREE ACT NO MR AS SUCH CFLER TOP RE RL¢OXS MERELY
DESER'cD NA BM)AD NOT THE AN OINK STATE OF FLORIDA SS !HERESY CERRFY:nar ON pis a;.#R51TWUY
COUNTY OF MIAAR-0ADE AMAKD BOOK/2 AY 011770 MAYAUDOC1E0 70
MOWER DIRE MO LAKE ACKNOPIEDCAORS,ALA'SW RS SENOR RCE PUTT Of MC BMX
WW1 AtSOADEIL TOO 5 POPm4QLT MOM TO 1$10 BC PE OBXEA TEMPI DCSCRPD NO
1RT7ESS1 MY HMO AAA O FRCNL SEM.7Nq DAY OF .ALL.2024. IMO EXECUTED 7/E/AKLU8C Y57RWENT MD.51651111.0SED T7E UMW INDElY.70 S 16 FREE
ACT NA am AS SOT OFIER TOP DE PURPOSES WPM MOWED AYD MO DO NOT ENE A4
a7R
NOTARY PUBLIC.STATE OF ROM.AT LARGE
WTRICSS.' ANY NAND AND OFFICIAL SEAL.7MS DAY OF .AO.2024.
PONIED NAME OF NOTARY PUBLIC
CWLOSSKW NO.. NOTARY PUBLIC STATE Cr!LOREN.AT LARGE
W COMMIS SON EXR17E3• 1
PRNEE0 NAME OF NOTARY PUBLIC
COLNILSION NO
NY 4OL0a1S0N EXPI4EC
•
•
RECORDING STATEMENT:
FEED RIP RECO%/P K DAY OF AD,2024,AT M.Pi
BOCK_Of PLAIS AT PACE OF RE PUBLIC RECORDS OF E7:41.0-D0E COUNT;
R64fel 1MS RAT COMPLIES W7M TIE 7A15 OF THE STATE OF FLORIDA NO YNWI-DADS COUNTY,
FLORIDA.
Anon JUAN FERNANDEZ-BARMAN
NOTICE: INS RAT,AS Rircwra N as CdtR/c T6aC IS I E BRxi ammo OF no- CLERK OF THE COURT AND COMPTROLLER
SUMMED LAWS=CREED NERDY A/*IL RI IA 4008STAYSS EL SWARM R ANM07r BY MW11-LURE COUNTY,FLORIDA
ANY OICR OZIPMC OR OCIEN ITEM Cf DE PEAT. TICE ALIT FE ADOTIONAL/ArSMCOONS MAT ARE
ON TNS our DE/CPA PI ROOKS LOOVIZ
BY DEPUTY CLERK
AL TON 3900 PLAT BOOK
A RESUBDMSION OF ALL OF LOT 53 AND A PORTION OF LOTS 52,54,AND 55,BLOCK 1, 'NAUTILUS SUBDIVISION',ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
8,PAGE 95,A PORTION OF LOT D,'RE-SU8D1VMSION OF LOT 45,49,50&51 OF BLOCK 1,.OF'NAUTIL U S RESUBDNI SION',ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 35.PAGE 46 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDAANDA PORTION OF SECTIONS 22AND 27 IN TOWNSHIP 53 SOUTH,RANGE 42 EAST. PAGE
LYING AND BEING IN THE CITY OF MIAMI BEACH,MIAMI-DADE COUNTY,FLORIDA.
PREPARED BY
J.HERNANDEZ AND ASSOCIATES, INC. LAND SURVEYORS AND MAPPERS SHEET 3 OF 3 SHEETS
CERTIFICATE OF AUTH0.WZANOM1' L0 TV.8092
. JJ00 MY 112Th AVE SUITE 10.DORAL,R JJ/72-(P)J05-526-0606 '
AUGUST 24,202J
SURVEYOR'S NOTES: .\
P.CP• DENOTES PERMANENT CONTROL PONT /�' C '
P.R.uo DENOTES PERMANENT REFERENCE MONUMENT a o"h 10` a t ,(. , NOTICE.' Dz HL1r,AS TCEO4DlD 04 Irs WNW PM 40 or arm raccoon a 7NE
DENOTES L£IR[RLINE ` .a•3+P9 '5 T.
'-+ D NOTICE'
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p,P Si A t RR 1 SI Mr O77 OPAPOC O7 DIGITAL MR OF RE PLAT THERE LAY EC AOY1MNR RESTRICTIONS THAT ARE
P.O.C. DENOTES POWT OF COMMENCEMENT p?�c}y a� ,\ ' -Py,s NOT RRpgp�ON W ES RAT THAT LAY BE TOLf1D W 7T[FORE RECORDS OF RAS A1N/1T0
P.O.B. DENOTES POINT OF BEGINNING C• V0 4� P.4P. ,y�61
P.B. DEMOTES PUT BOOK
1$
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RR, DENOTES R/CNT OF WAY ONE .s��yr' .. ,. \ = RECORDING STATEMENT:
A DENOTES COHRU.ANGLE •••• PRJt ,\ _ F-
.�+' •'. • FEED FOR RECORD,TICS _DAY OF AS.2024,AT M.,M.
R DENOTES RADIUS RP"C .'•4,,b 1 BOW(_OF PLRA AT PALE Or THE RIBUC RECORDS'9 LDAEO-WOE COUNTY,
A DENOTES ARC LENGTH g P 4,,9�, p '. \ Lz.,..\,•, ROM APS PUT COMPLIES WM TE LAWS OF ME SATE Of ROM MD WAIR-MOTE DTUNTY,
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AM
C.B. DENOTES CHORD SEARING C 4' % Ci V • 1'
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C.O. DENOTES CHORD INSTANCEAZT,.
q•
o v
xw.f/1 AC77DN 21, �. - P4 ^`';;� \, '°,i CLERK OF THE COURT AND COMPTROLLER
SEC. DENOTES SECTION TOWTLLf%P 37 SWRI,RACE 11 EAST <C' qT 41 8 44 Zf, \ MIAMI-DADE COUNTY,FLORIDA
TWP. DENOTES TOWNSHIP JJo..b yC Ty �P' �? 1
ROE. DENOTES RANCE ,` :1, '- ti:F". ,'• T _
N.E DENOTES NORTHEAST .•'rt. PRY -s.-a. s,4 1 Err DEPUTY CLERK
SE DENOTES SOUTHEAST FQ S • , aJ •A
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N.W. DENOTES NORTHWEST =Q ,.•e' f� \ 1
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41 SOUK
Resolutions- R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alna T. Hudak, City Manager
DATE: February 21, 2024
2:10 p.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING, AUTHORIZING THE APPROVAL OF THE PLAT OF "ALTON
3900", ATTACHED TO THIS RESOLUTION AS EXHIBIT "A," SUBMITTED
BY 3900 ALTON ROAD OWNER LLC, OWNER OF THE PROPERTY
LOCATED AT 3900-4000 ALTON ROAD, BEARING FOLIO NO. 02-3222-011-
0432; SAID PLAT INCLUDING: (1) THE REPLAT OF ALL OF LOT 53,AND A
PORTION OF LOTS 52, 54, AND 55, OF BLOCK 1, OF "NAUTILUS
SUBDIVISION,"ACCORDING TO THE PLAT THEREOF,AS RECORDED IN
PLAT BOOK 8, PAGE 95;AND THE REPLAT OF A PORTION OF LOT D, OF
"RE-SUBDIVISION OF LOTS 48, 49, 50 & 51, OF BLOCK 1, "NAUTILUS
SUBDIVISION,"ACCORDING TO THE PLAT THEREOF,AS RECORDED IN
PLAT BOOK 35, PAGE 46 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; AND INCLUDING A PORTION OF SECTIONS 22 AND
27 IN TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING AND BEING IN THE
CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN THE PLAT (COLLECTIVELY, PARCEL 1);
AND (2)A PARCEL LYING IN A PORTION OF SECTION 27 IN TOWNSHIP
53 SOUTH, RANGE 42 EAST, AS MORE PARTICULARLY DESCRIBED IN
THE PLAT (PARCEL 2), SUBJECT TO MODIFICATION AND APPROVAL BY
MIAMI-DADE COUNTY, AND PROVIDED THAT PRIOR TO EXECUTION
AND RECORDATION OF THE FINAL PLAT, THE UTILITY EASEMENT
AGREEMENT FOR WATER MAIN IS RECORDED AND INCORPORATED
IN THE FINAL PLAT; FURTHER, AUTHORIZING THE CITY CLERK TO
TRANSMIT THIS RESOLUTION TO MIAMI-DADE COUNTY TO COMPLETE
THE PLATTING PROCESS; FURTHER, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE APPROVED FINAL PLAT;AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL
DOCUMENTS IN CONNECTION WITH THE COMPLETION OF THE
PLATTING APPROVAL PROCESS.
RECOMMENDATION
The City Manager recommends that the Mayor and City Commission, following a duly noticed
Page 728 of 1278
public hearing, authorize the approval of the final Plat, a copy of which is attached to the City
Commission Resolution as Exhibit,"A", attached hereto, subject to modification and approval by
Miami-Dade County, and provided that prior to execution and recordation of the final Plat, the
Utility Easement Agreement for Water Main is recorded and the Water Main Easement is
incorporated in the final Plat;further, authorize the transmission of this Resolution to Miami-Dade
County to complete the platting process; further, authorize the Mayor and City Clerk to
execute the approved final Plat; and further authorize the City Manager to execute any
additional documents in connection with the platting approval process.
BACKGROUND/HISTORY
3900 Alton Road Owner LLC (the "Owner"), is the owner the property located at 3900-4000
Alton Road (the "Property'). The Property is uniquely located directly to the southeast of the
intersection of Alton Road (SR 907)and 41st Street/Julia Tuttle Causeway. The entire Property
is identified by Miami-Dade County Folio No. 02-3222-011-0432; the same being:
• a Re-subdivision of all of Lot 53 and a portion of Lots 52, 54, and 55, of Block 1, of
"Nautilus Subdivision", according to the Plat thereof as recorded in Plat Book 8, Page 95;
and the Replat of a portion of Lot D, of"Re-Subdivision of Lots 48, 49, 50 & 51, of Block
1, "Nautilus Subdivision", according to the Plat thereof, as recorded in Plat Book 35, Page
46 of the Public Records of Miami-Dade County, Florida; and a portion of Sections 22
and 27 in Township 53 South, Range 42 East, lying and being in the City of Miami Beach,
Miami-Dade County, Florida, and more particularly described in the final Plat, a copy of
which is attached hereto (Collectively, "Parcel 1"); and
• a portion of Section 27 in Township 53 South, Range 42 East, lying and being in the City of
Miami Beach, Miami-Dade County, Florida, and more particularly described in the final Plat, a
copy of which is attached hereto("Parcel 2").
On May 14, 2021, Owner purchased Parcel 1 from M-4000 Alton Owner, LLC., and on August
19, 2021, Owner purchased Parcel 2 from the Florida Department of Transportation(F DOT).
On December 2021, the City's Design Review Board approved plans for a nine-story, 176-unit
apartment complex on the Property(File No. DRB21-0664) (the "Project"). On February 2023,
the Owner commenced construction of the Project, which is set to be completed in the Fall of
2024.
The City owns a 36-inch (36") transmission water main (the "Water Main"), located along the
south side of the 41 st Street/Julia Tuttle Causeway and a portion of the Water Main falls within
the northern portion of Parcel 2. The City anticipates that such Water Main may be upgraded,
expanded, relocated and/or replaced in the future. Owner has agreed to grant a perpetual,
irrevocable, exclusive Utility Easement Agreement for Water Main ("Water Main Easement"),
having an easement area containing approximately 4,989 square feet("Easement Area"), along
the northwesterly portion of Grantor's Property, for the City to construct, install, operate,
maintain, repair, replace, upgrade, relocate, expand, remove and/or abandon all or a portion of
the Water Main, together with the non-exclusive right of ingress, egress and regress on, over
and through the Grantor's property for access to the Easement Area. The approval of the
Water Main Easement is being submitted pursuant to a separate, companion City Commission
agenda item.
Page 729 of 1278
Owner would like to plat the Property under the name of"Alton 3900" and include Parcels 1 and
2 in the Plat.
Chapter 28, of the Miami-Dade County Code, is the guiding authority for the entirety of Miami-
Dade County, Florida as it relates to the subdivision of land. Miami-Dade County(the "County")
controls all division of land, relating to the plat thereof, and the municipalities of Miami-Dade
County may choose to have their own plat committee, or simply have the County's plat division
review tentative plats, re-plats, and the final plats.
The City of Miami Beach does not have its own plat division. Prior to taking action on approving
this new Plat within the jurisdiction of Miami Beach, the County requires authorization, if deemed
appropriate, by the City to proceed. Pursuant to Section 177.081, Florida Statutes, prior to
approving a plat, the governing body is required to have a professional surveyor and mapper
review the Plat to ensure compliance with Chapter 177, Florida Statutes. Owner has secured
approval of the Alton 3900 Tentative Plat #T-24696 from the City's professional surveyor and
mapper and the County, and now seeks approval of the final Plat. Longitude Surveyors, LLC
("Longitude"), a professional surveyor and mapper retained by the City, has reviewed the final
Plat and has found the final Plat to be in compliance with Chapter 177, Florida Statutes and
Chapter 28 of the County Code. Owner shall be responsible for all costs related to the platting
process including, without limitation, the reimbursement to the City for any consulting fees
related to Longitude's work and a platting consultant.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City as a good place to live.
FINANCIAL INFORMATION
No fiscal impact.
CONCLUSION
The City Manager recommends that the Mayor and City Commission, following a duly noticed
public hearing, authorize the approval of the final Plat, a copy of which is attached to the City
Commission Resolution as Exhibit"A", attached hereto, subject to modification and approval by
Miami-Dade County, and provided that prior to execution and recordation of the final Plat, the
Utility Easement Agreement for Water Main is recorded and the Water Main Easement is
incorporated in the final Plat;further, authorize the transmission of this Resolution to Miami-Dade
County to complete the platting process; further, authorize the Mayor and City Clerk to
execute the approved final Plat; and further authorize the City Manager to execute any
additional documents in connection with the platting approval process.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Page 730 of 1278
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Letter of intent
❑ Attachment- 3900 Alton Plat- Executed Opinion of Title
Page 731 of 1278
GT GreenbergTraurig
Iris Escarra
305-579-0737
escarrai@gtlaw.com
June 26, 2023
Ms. Fiorella Sarmiento
City of Miami Beach
Department of Public Works
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: PROJECT BACKGROUND LETTER/ 3900 ALTON ROAD TENTATIVE
PLAT/T-24696
Dear Ms. Sarmiento:
On behalf of 3900 Alton Road Owner LLC (the "Owner"), please accept this letter in
connection with the Alton 3900 Tentative Plat#T-24696 for property located at 3900 Alton Road
(the"Property"). The Property is uniquely located directly to the northwest of the intersection of
Alton Road and 41s` Street/Julia Tuttle Causeway. The Property consists of multiple platted lots
in Plat Book 8, Page 95 and in Plat Book 35, Page 46, both recorded in the Public Records of
Miami-Dade County,and is identified by Miami-Dade County Folio No. 02-3222-011-0432.
In December 2021, the City of Miami Beach Design Review Board approved plans for a
nine-story, 176-unit apartment complex on the Property(the "Project"). See File No. DRB-0664.
In February 2023,the Owner commenced construction of the Project,which is set to be completed
in the Fall of 2024. Pursuant to Chapter 177,Florida Statues,the Property must be platted.
If you require any additional information or would like to discuss the tentative plat further,
please contact me at 305-579-0737. Thank you for your attention to and favorable consideration
of this matter.
Sincerely,
Iris Escarra, Esq.
Enclosures
Page 732 of 1278
OPINION OF TITLE
To: City of Miami Beach, Florida
With the understanding that this Opinion of Title is furnished to City of Miami Beach, Florida, as
inducement for acceptance of a proposed final subdivision plat or waiver of plat covering the real
property, hereinafter described, it is hereby certified that I have examined the complete Chicago
Title Insurance Company Owner's Title Policy, No. 5886-4-127005.031000L-2023.7251209-
229380379 and Chicago Title Insurance Company Title Bringdowns issued under Order No.
10686235 (collectively, the "Abstract of Title") covering the period from the beginning through
October 10, 2023 at the hour of 11:00 P.M., inclusive, with respect to the following property (the
"Property"):
See Exhibit"A" attached hereto and made a part hereof
Basing our opinion solely on said foregoing Abstract of Title, I am of the opinion that on the last
mentioned date referenced above (October 10, 2023 at 11:00 P.M.), the fee simple title to the
Property was vested in:
3900 Alton Road Owner LLC, a Delaware limited liability company (the"Owner")
Based solely upon my review of(i)that certain Limited Liability Company Agreement of the Owner
dated April 29, 2021 and (ii) that certain Action by Written Consent of the Executive Committee
of the Owner dated May 14, 2021, and assuming such Consent has not been amended, rescinded
or revoked, (A)any of William H. Walton Ill, as President, Keith B. Gelb, as Co-President, Thomas
F. Gilbane, as Vice President,Aric M. Shalev, as Vice President or Ron J. Hoyl, as Vice President,
of the Owner, has authority to sign the instruments and (B)the signature block of the Owner is as
follows:
3900 Alton Road Owner LLC,
a Delaware limited liability company
By:
Name:
Title:
Subject to the following liens, encumbrances, and other exceptions:
1. RECORDED MORTGAGES:
1. Mortgage,Assignment of Leases and Rents, Security Agreement and Fixture Filing from
3900 Alton Road Owner LLC, a Delaware limited liability company, to PNC Bank,
National Association, dated as of November 16, 2022 and recorded November 17, 2022,
in Official Records Book 33471, Page 1066, together with:
688303152v2
Page 733 of 1278
a. Assignment of Leases and Rents from 3900 Alton Road Owner LLC, a
Delaware limited liability company,to PNC Bank, National Association, dated
as of November 16, 2022 and recorded November 17, 2022, in Official
Records Book 33471, Page 1092; and
b. UCC-1 Financing Statement from 3900 Alton Road Owner LLC, as Debtor,
to PNC Bank, National Association, as Secured Party, recorded November
17, 2022, in Official Records Book 33471, Page 1100
2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS:
NONE
3. GENERAL EXCEPTIONS:
1. All taxes and assessments for the year 2023 and subsequent years.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
6. Taxes or special assessments which are not shown as existing liens in the public
records.
7. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village
or port authority for unpaid service charges for service by any water, sewer or gas
system supplying the insured land.
4. SPECIAL EXCEPTIONS:
1. Terms and conditions of that certain Memorandum of Agreement between Talmudic
College 4000 Alton Road, Inc., a Florida non-profit corporation and Nextel South Corp., a
Georgia Corporation d/b/a Nextel Communications, Inc. recorded June 14, 2005 in Official
Records Book 23474, Page 1806, as amended by Memorandum of Amendment No. 1
recorded October 20, 2006 in Official Records Book 25025, Page 4356, of the Public
Records of Miami-Dade County, Florida.
•
NOTE: This exception is limited to: Ingress and egress easement to and from adjacent
land to and from a dedicated street and utility easement connections and conduits over
and across the insured land that is contained within the above Memorandum of
Agreement.
2. Terms and conditions of the Short Form Lease Agreement between Talmudic College
4000 Alton Road, Inc., a Florida non-profit corporation and Verizon Wireless Personal
Communications LP dlb/a Verizon Wireless, a limited partnership of the State of Delaware
recorded December 13, 2004 in Official Records Book 22901, Page 1288, of the Public
Records of Miami-Dade County, Florida.
2
688303I52v2 ..
Page 734 of 1278
NOTE: This exception is limited to: Ingress and egress easement to and from adjacent
land to and from a dedicated street and utility easement connections and conduits over
and across the insured land that is contained within the above Short Form Lease
Agreement.
3. Drainage Easement reserved in favor of the State of Florida by and through the State of
Florida Department of Transportation as reserved in Quitclaim Deed recorded August 19,
2014 in Official Records Book 29276, Page 1368, as affected by Amended and Restated
Covenant Running with the Land and Access, Maintenance and Drainage Easement
Agreement recorded August 31, 2021 in Official Records Book 32710, Page 2544.
4. Terms, provisions and conditions set forth in that certain Covenant running with the land
and Access Maintenance and Drainage Easement Agreement recorded August 19, 2014
in Official Records Book 29276, Page 1391.
5. Covenants, conditions, restrictions and easements (deleting therefrom any covenants or
restrictions, if any, indicating any preference, limitation or discrimination based on race,
color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenants or restrictions is permitted by applicable
law) as set forth in Declaration of Restrictive Covenants In Lieu of Unity of Title recorded
October 6, 2014 in Official Records Book 29338, Page 3635.
6. Terms and provisions set forth in Easement and Operating Agreement executed by and
between Talmudic College 4000 Alton Road, Inc. and M-4000 Alton Owner, LLC, dated
October 3, 2014 and recorded October 6, 2014 in Official Records Book 29338, Page
3650.
7. Utility Easement in favor of City of Miami Beach as described in Resolution No. 2014-
28779 recorded June 15, 2016 in Official Records Book 30114, Page 2755.
8. Terms, provisions and conditions set forth in Perpetual Non-Exclusive Utility Easement
Agreement for Water Main recorded August 27, 2020 in Official Records Book 32072,
Page 984.
9. Notice of Commencement recorded March 10, 2023 in Official Records Book 33616, Page
3395.
10. Notice of Commencement recorded March 10,2023 in Official Records Book 33616, Page
3412
NOTE: All of the recording information contained herein refers to the Public Records of Miami-
Dade County, Florida, unless otherwise indicated.
I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and
exceptions and none of them hinder or affect the recording or enforcement of the proposed final
subdivision plat or waiver of plat.
I HEREBY CERTIFY that the legal described in this Opinion of Title coincides with, and is
the same as, the legal description in the proposed final subdivision plat or waiver of plat.
3
688303152v2
Page 735 of 1278
Therefore, it is my opinion that the following party must join in the agreement in order to
make the agreement a valid and binding covenant on the lands described herein.
Name Interest Special Exception Number
3900 Alton Road Owner LLC, Fee Simple
a Delaware limited liability
company
PNC Bank, National Mortgagee
Association
The following is a description of the aforementioned abstract and its continuations:
Number Company Certifying No. of Period Covered
Entries
Policy No. 5886-4- Chicago Title 14 Beginning to
127005.031000L-2023.7251209- Insurance Company 11/17/2022 at
229380379 4:21:43 PM
Order No. 10686235 Chicago Title 5 10/27/2022 at
Insurance Company 11:00 PM to
12/27/2022 at
11:00 PM
Order No. 10686235 (update, Chicago Title 3 12/27/2022 at
2/28/23, update 6/21/23) Insurance Company 11:00 PM to
5/26/2023 at 11:00
PM
Order No. 10686235 (update, Chicago Title 0 5/26/2023 at 11:00
10/20/23) Insurance Company PM through
10/10/2023 at
11:00 PM
(Remainder of page intentionally left blank]
4
688303152%2
Page 736 of 1278
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in
the State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this
'3 day of 0c +-0 c , 2023.
GREENBERG TRAURIG, P.A.
By: 44Q.,
Kimberly S. LeCompt
Florida Bar No. 4567 9
333 SE 2nd Avenue
Miami, Florida 33131
(305) 579-0500
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me, by means of [X] physical
presence or 0 online notarization, this.)- day of CD(-`fib e 2023, by Kimberly S.
LeCompte, who is personally known to me.
I ,� � nae,ryvuenc-saceerFar� I Notary Public, State of Florida
�'w�►�' Commission 1 MN 097171 -`
0 '-•-•�-•' My Comm.Expires Mu 11,2025
My Commission Expires:
Page 737 of 1278
EXHIBIT "A"
Legal Description
Parcel 1:
•
OVERALL PARCEL-SOUTH SITE:
All of Lot 53 and a portion of Lots 52, 54 and 55, Block 1 of NAUTILUS SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 8 at Page 95, and a portion of Lot D of RE-
SUBDIVISION OF LOTS 48, 49, 50 AND 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 35 at Page 46 of the Public Records of Miami - Dade
County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, City
of Miami Beach, Miami-Dade County, Florida, and being more particularly described as follows:
Begin at the Southeast corner of said Lot 54 of Block 1 of NAUTILUS SUBDIVISION; thence
North 09° 11' 22" East along the Easterly line of said Lots 52, 53 and 54, also being the Westerly
Right-of-Way line of Alton Road (State Road 907) as shown on the Florida Department of
Transportation Right-of-Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18, for 228.03
feet;thence North 80°48' 38"West for 269.11 feet; thence North 09° 11' 22" East for 144.42 feet;
thence South 55° 48' 22" West along the Southeasterly Right-of-Way line of the Julia Tuttle
Causeway per State Road 112/I-195 of said Florida Department of Transportation Right-of-Way
Map Section No. 87090-2402, Sheet 16 of 18, for 90.82 feet; thence South 05° 59' 58" East for
62.09 feet; thence South 23° 11' 59" West for 161.81 feet; the following two (2) courses being
along the Northerly boundary of Alton Road (State Road No. 25), as shown on said Florida
Department of Transportation Right-of-Way Map; (1) South 54° 07' 39" East for 162.79 feet to a
point on a circular curve; (2)thence Southeasterly along a 600.92 foot radius curve leading to the
right, through a central angle of 09° 57' 10"for an arc distance of 104.39 feet; thence South 76°
03' 16" East for 72.65 feet;thence North 41° 11' 22"East along the existing Limited Access Right-
of-Way line of the Westerly Right-of-Way line of said Alton Road (State Road 907) as shown on
said Right-of-Way Map Section 87090-2402 for 48.00 feet; thence South 80° 48' 38" East along
the Southerly line of said Lot 54 for 26.00 feet to the Point of Beginning.
TOGETHER WITH that certain non-exclusive easement for pedestrian and vehicular ingress and
egress as defined in Article 1(c), a temporary non-exclusive easement for M-400 Phase I
Construction Easement as defined in Article 3(a), a non-exclusive easement for the purposes of
stormwater drainage as defined in Article 6(b) and a temporary non-exclusive M-4000 Crane
Swing Easement as defined in Article 7(b) of that certain Easement and Operating Agreement
executed by and between Talmudic College 4000 Alton Road, Inc. and M-4000 Alton Owner, LLC,
dated October 3, 2014 and recorded October 6, 2014 in Official Records Book 29338, Page 3650,
of the Public Records of Miami-Dade County, Florida.
AND TOGETHER WITH any and all rights in and to those certain covenants, conditions and
limitations contained in that certain Declaration of Restrictive Covenants in Lieu of Unity of Title
dated October 1, 2014 and recorded October 6, 2014 at Official Records Book 29338, Page 3635,
of the Public Records of Miami-Dade County, Florida; but only to the extent they are determined
to be interests in real property.
Parcel 2: (FDOT Parcel)
688303152v2
Page 738 of 1278
A Portion of Section 27 in Township 53 South, Range 42 East, and being more particularly
described as follows:
Commence at the Southeast corner of Lot 54 of Block 1, Nautilus Subdivision, according to the
plat thereof, as recorded in Plot Book 8 at Page 95 of the Public Records of Miami-Dade County,
Florida; Thence North 80°48'38"West, along the Southerly boundary line of said Lot 54,for 175.93
feet to a point on the Northerly Right-of-way line of Alton Road, also known as State Road No.
907, as shown on the Florida Department of Transportation Right-of-way Map Section 87090-
2402, sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose
radius point bears South 39°51'18" West; thence Northwesterly along said Northerly Limited
Access Right-of-way line being a 600.92 foot radius curve, leading to the left, through a central
angle of 03°58'57" for an arc distance of 41.77 feet to a point of tangency (said point being
coincident with State Road No. 907, Station 15+16.00, as shown on said Florida Department of
Transportation Right-of-way Map Section 87090-2402, sheet 16 of 18); thence North 54°07'39"
West along said Northerly Limited Access Right-of-way line for 162.79 feet to the Point of
Beginning of the hereinafter described parcel of land;thence North 23°11'59"East, departing said
Northerly Right-of-way line for 161.81 feet; thence North 05°59'58"West for 62.09 feet to a point
on the Southerly Limited Access Right-of-way line of the Julia Tuttle Causeway, also known as
State Road 112 and 1-195, as shown on said Florida Department of Transportation Right-of-way
Map (said point being coincident with State.Road No. 112, Station 190+12.29, as shown on said
Florida Department of Transportation Right-of-way Map);thence South 55°48'22"West along said
Southerly Limited Access Right-of-way line for 211.08 feet to a point on a circular curve, concave
to the Northeast and whose radius point bears North 42°50'30" East; thence Southeasterly along
a 768.51 foot radius curve leading to the left through a central angle of 06°58'09" for an arc
distance of 93.48 feet to a point of tangency(said point being coincident with State Road No. 907,
Station 17+34.46, as shown on said Florida Department of Transportation Right-of-way Map
Section 87090-2402, sheet 16 of 18); thence South 54°07'39" East for 55.66 feet to the Point of
Beginning.
Lying and being in Section 27, Township 53 South, Range 42 East, Miami Beach, Miami-Dade
County, Florida.
6883031520
Page 739 of 1278