City Deed with Reservation of Utility Easement 2-0214 - 32. 1 b�
03-BSD.05
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 111th Avenue Parcel No. : 157.1(8/22/2023)MN
Miami, Florida 33172 Item/Segment No. : 406486-1
August 10, 2023 - RTB Managing District : 6
Parcel Folio : N/A
CITY DEED
WITH RESERVATION OF UTILITY EASEMENT
THIS DEED,made this 2 day of H , 2029 , by the CITY OF MIAMI
BEACH, a municipality of the State of Florida, located at 1700 Convention Center Drive/Attention
City Manager ("Grantor" or "City"), to the STATE OF FLORIDA DEPARTMENT. OF
TRANSPORTATION, located at 1000 N.W. 111th Avenue, Miami, Florida 33172 ("Grantee" or
"Department"). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives, and assigns of individuals, and the successors, and
assigns of organizations.
WITNESSETH
WHEREAS, in 1997, the previous owner of the Fontainebleau Hilton Resort and Towers,
Hotelerama Associates Ltd. ("Hotelerama"),proposed to renovate and expand the Fontainebleau;
WHEREAS, Hotelerama's renovation and expansion project required a portion of Collins
Avenue/SR AlA ("Old 44th Street") to be relocated southward on property owned by Hotelerama,
which is described below and depicted in Exhibit"A"attached hereto and made a part hereof("Parcel
157");
WHEREAS, in connection with the relocation of Old 44th Street, Hotelerama and the City
of Miami Beach(the"City") entered into a Vacation Agreement on December 1, 1999;
WHEREAS, the City agreed to vacate Old 44th Street, and in exchange, Hotelerama agreed
to convey Parcel 157 to the City or, alternatively if directed by the City, to the Department as the
owner of Old 44th Street for the relocation and construction of a"new"44th Street upon Parcel 157;
WHEREAS,at the time of the transfer,the Department requested that the City accept title to
Parcel 157 in the name of the City with the understanding that the Department would subsequently
accept a deed for Parcel 157; however, such transfer never occurred;
WHEREAS, in accordance with Section 337.29(1), Florida Statutes, the Department has
previously designated the current alignment of 44th Street(Parcel 157) as part of the State Highway
System and thereby vesting title to Parcel 157 in the Department pursuant to Section 337.29(1),
Florida Statutes;
Page 1 of 4
WHEREAS, pursuant to Section 337.29(2), Florida Statutes, the City is now issuing this
Deed to the Department to formally document the transfer that has already occurred by operation of
law under Section 337.29(1), Florida Statutes; and
WHEREAS, the Grantor, for and in consideration of the sum of$1.00 and other valuable
consideration, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells,
alienates,remises,releases, conveys, and confirms unto the Grantee Parcel 157:
Parcel 157 F.P. No. 406486-1
A portion of that certain tract of land designated as "J.H. Snowden" lying north of and adjoining
Lot 1, Block 40, of"Amended Map of the Ocean Front Property of the Miami Beach Improvement
Company"; according to the plat thereof; as recorded in plat book 5 at pages 7 and 8, of the public
records of Miami-Dade County, Florida; and a portion of said Lot 1, Block 40; being more
particularly described as follows:
COMMENCE at the northwest corner of that certain tract of land designated as "R.P. Van Camp" as
shown on said "Amended Map of the Ocean Front Property of the Miami Beach Improvement
Company"plat; thence S 07°25'11"W; along the west line of said "R.P. Van Camp" tract; and the
west line of Lot 1,Block 39,of said"Amended Map of the Ocean Front Property of the Miami Beach
Improvement Company"plat; said line also being the east right-of-way line of Collins Avenue, for a
distance of 220.45 feet; thence N 82°34'49"W; for distance of 60.00 feet to a point on the east line
of said Lot 1, Block 40, said line also being the west right-of-way line of Collins Avenue; and said
point also being the POINT OF BEGINNING, thence N 37°35'00" W; for a distance of 35.36 feet;
thence N 82°34'49" W, along a line parallel with and 4.55 feet north of; as measured at right angles
to the south line of said "J.H. Snowden" tract; for a distance of 200.22 feet to a point on the west
line of said "J.H. Snowden" track; said line also being the east right-of-way line of Indian Creek
Drive; thence N 04°33'25" E; along the last described line; for a distance of 83.06 feet to a point of
curvature of a circular curve to the right; thence along the arc of said curve; having a radius of 50.00
feet; a central angle of 27°21'20"; for a distance of 23.87 feet to a point on the arc of a circular curve
to the left being non-tangent with the last described curve and whose radius point bears N 74°49'14"
E; thence along the arc of said curve having a radius of 75.00 feet; a central angle of 67°24'03"; for a
distance of 88.23 feet to the point of tangency; thence S 82°34'49" E; along a line parallel with and
64.55 feet north of; as measured at right angles to the south line of said"J.H. Snowden" tract; for a
distance of 148.91 feet; thence N 47°19'52" E; for a distance of 10.57 feet; thence S 07°25'11' W;
along the east line of said "J.H. Snowden" tract and the east line of said Lot 1, Block 40; said line
also being the west right-of-way line of Collins Avenue, for a distance of 93.11 feet to the POINT OF
BEGINNING:
Containing 0.344 acres (14,993 square feet) more or less, said lands situated, lying and being in the
City of Miami Beach, Miami-Dade.
Reservation of Utility Easement. The Grantor reserves for itself, its employees, licensees,
agents, successors and assigns, a perpetual, non-exclusive underground utility easement for the
construction, installation, operation, maintenance and removal of pipes, meters, conduits and all
manner of utilities, telecommunication equipment, and/or such other related purposes and activities
as the Grantor may in its discretion deem necessary within Parcel 157.
Page 2 of 4
Grantor shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and
relocate facilities on,within, and upon the lands described herein in accordance with the Department's current
minimum standards for such facilities as required by the Department,Utility Accommodation Manual in effect at
the time the agreement is executed. Any new construction or relocation of facilities within the lands will be
subject to prior approval by the Department. Should the Department fail to approve any new construction or
relocation of facilities by Grantor or require Grantor to alter,adjust,or relocate its facilities located within said
lands,the Department hereby agrees to pay the cost of such alteration,adjustment,or relocation,including,but
not limited to the cost of acquiring appropriate easements.
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its
name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above
written.
Signed, sealed, and delivered in the presence of: -
CITY BEA
.7\//
Name: afael E. Granath), City Clerk . Steven Meiner, Mayor
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139 , ,
O 20 e cy/,4% APPROVED AS TO
•
iKcoRP o�;TEo FORM &LANGUAGE
Address: 1700 Convention Center Drive �. .y•. _ .;�'4 � &FOR EXECUTION
Miami Beach,Florida 33139 ''R,�HM- dotc----&- --- ir 252ij ' ki -
-� Dote
STATE OF J-kD 1 i bA- City Attorney,Air
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me, by means of I physical presence
or online notarization, this 2vb day of/t/(k , 2024 by Steven Meiner, Mayor,iiki who
is personally known to me, or Elwho has produced /V M as identification.
(Affix Seal) C i/ /6
i�sYe�y , GUADALUPE C.RAMOS I ,ii
., `.. MY COMMISSION#GG 985873 l ame: Oil i�U j
"�.t-: EXPIRES:September 8,2024 y��
.�:;;oe t,oc. Bonded Thru Notary Public Underwriters /��/��y ��/�,u�,
..MMA+�ONMYY0f111f•
Page 3 of 4
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
Tel:305-673-7000 Ext 6955
MEMORANDUM
Date: April 19, 2024 � a
��
To: /L rt j} s
Steven M • er, Mayor
01
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/q iselatorresam iam i beachfl.qov
Re: Deed to 44th Street from the City to FDOT;
Updated Resolution No. 2024-32968
Dear Mayor:
I hope all is well with you. Attached please find the above referenced document for
execution, where indicated, pursuant to the above referenced Resolution. The Resolution
needs to be corrected and resigned in order to correct a typo in the legal description for
44th Street provided by FDOT (Plat book should be 7 and 8, instead of 7 and 6). Please
let me know if you have any questions.
Once fully signed, please contact Gloria Dieguez, at extension 26537, for retrieval and so
she may take to the Clerk.
Should you have any questions, please do not hesitate to call me.
Best regards,
qioeea AatWatt g wined
MIAMISEACt1
Gisela Manson Torres,
Senior Assistant City Attorney
Tel:305-673-7000 Ext.26955/giselatorres(a.mian'tibeachfl.gov