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R7D-Vacation Of Alleyway - 500 Alton RoadCOMMISSION ITEM SUMMARY Condensed Title: A resolution to consider, on first reading, vacating a portion of an alley located in the 500 Alton Road, containing approximately 6005 square feet (Alley), in favor of the adjacent property owners, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC and 1220 Sixth, LLC. Key Intended Outcomes Supported: I n/a Item Summary!Recommendation: South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC (collectively the Applicant) own several lots of the Amended Plat of Aquarium Site Resubdivision, which comprise the 500 block of Alton Road. The Applicant proposes to construct the "Waves" Project (Project), a mixed- use development over the entirety of the block. The Applicant is requesting that the City vacate a 6,005-square foot, "L"-shaped alley (Alley) in the 500 block of Alton Road with the dimensions of 20 feet x 125 feet and 29.21 feet x 120 feet, running from West Avenue to 6th Street, so that this area can be incorporated into the Project. This vacation is required in order for the Applicant to proceed with the development review process. Staff believes that the City no longer has a need for this Alley. It has never been developed or utilized for public access. The Alley has one 3-inch water main, which only serves the Applicant and would be abandoned when the Project begins construction. Staff also believes that there is a public interest in abandoning the Alley. In addition to the tax revenue the proposed Project will generate for the City, the Applicant, through the Project, is proposing multiple infrastructure improvements. These include significant stormwater improvements including raising the elevation of 6th Street and West Avenue adjacent to the project and the addition of a bike lane on West Avenue. At this time, the Finance and Citywide Projects Committee is scheduled to discuss this vacation at its July 26, 2013 meeting, and the second reading and public hearing is scheduled for the September 11, 2013 Commission meeting. THE ADMINISTRATION RECOMMENDS THAT PER CITY CODE SECTION 82-37 A. (2), THE CITY COMMISSION SHALL HAVE READ THE TITLE OF THE RESOLUTION APPROVING THE SALE OR LEASE [OR VACATION OF PUBLIC PROPERTY FOR A TERM OF MORE THAN TEN YEARS] ON TWO SEPARATE DATES, WITH THE SECOND READING TO BE ACCOMPANIED BY A PUBLIC HEARING, WHICH MAY BE SET BY THE CITY MANAGER AND SHALL BE ADVERTISED NOT LESS THAN SEVEN DAYS PRIOR TO SAID HEARING, IN ORDER TO OBTAIN CITIZEN INPUT INTO THE PROPOSED SALE OR LEASE. Advisory Board Recommendation: N/A Financial Information: Amount Account Cit Clerk's Office Le islative Trackin Rick Saltrick, ext 6565 Si n-Offs: Department Director 'ETC T:\AGENDA\2013\July 17\500 Block of Alton Road SUMM.docx MIAMI BEACH 738 Approved AGENDA ITEM _P.:....._1_J)---=- DATE 1-!1-l3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy L. Morales, City Manager FIRST READING DATE: July 17, 2013 SUBJECT: A RESOLUTION TO CONSID R, ON FIRST READING, VACATING AN ALLEY LOCATED IN THE 500 BLOCK OF ALTON ROAD, CONTAINING APPROXIMATELY 6,005 SQ ARE FEET, IN FAVOR OF THE ADJACENT PROPERTY OWNERS, SOUTH BEACH HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLC. ADMINISTRATION RECOMMENDATION Per City Code Section 82-37 a. (2), the city commission shall have read the title of the resolution approving the sale or lease [or vacation of public property for a term of more than ten years] on two separate dates, with the second reading to be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizen input into the proposed sale or lease. BACKGROUND South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC (collectively the Applicant) own several lots of the Amended Plat of Aquarium Site Resubdivision, which comprise the 500 block of Alton Road (Attachment A & B). The Applicant proposes to construct the "Waves" Project (Project), a mixed-use development over the entirety of the block. The Applicant is requesting that the City vacate a 6,005-square foot, "L"-shaped alley (Alley) in the 500 block of Alton Road with the dimensions of 20 feet x 125 feet and 29.21 feet x 120 feet, running from West Avenue to 61h Street (Attachment C ), so that this area can be incorporated into the Project. This vacation is required in order for the Applicant to proceed with the development review process. ANALYSIS Staff believes that the City no longer has a need for this Alley. It has never been developed or utilized for public access. The Alley has one 3-inch water main, which only serves the Applicant and would be abandoned when the Project begins construction. 739 500 Alton Road Alley-Memo July 17, 2013 Page 2 of2 Staff also believes that there is a public interest in abandoning the Alley. In addition to the tax revenue the proposed Project will generate for the City, the Applicant, through the Project, is proposing multiple infrastructure improvements. These include significant stormwater improvements including raising the elevation of 61h Street and West Avenue adjacent to the project and the addition of a bike lane on West Avenue. At this time, the Finance and Citywide Projects Committee is scheduled to discuss this vacation at its July 26, 2013 meeting, and the second reading and public hearing is scheduled for the September 11, 2013 Commission meeting. CONCLUSION Per City Code Section 82-37 a. (2), the city commission shall have read the title of the resolution approving the sale or lease [or vacation of public property for a term of more than ten years] on two separate dates, with the second reading to be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizen input into the proposed sale or lease. Attachments: A. Opinion of Title B. Survey of 500 Block C. Legal Description and Sketch of Alley D. Request for Alley Closure by Bercaw, Radell and Fernandez T:\AGENDA\2013\July 17\500 of Alton Road-Memo1 .docx 740 Attachment A City of Miami With the understanding that this Opinion of Title is furnished to the City of ..... M .... A .. ln{JlUCI~m~em for acceptance of a Declaration of Use, Unity of Title, Declaration of Development Agreement or as an inducement for acceptance of a subdivision plat or plat, covering the real property, or other land use approval hereinafter described, it is t. ..... "'.._" certified that I have examined a complete Abstract of Title or Title Commitment covering from the beginning to the 24th day of December, 2012 at the hour of 11:40 p.m., ..... ''"''"·•-n of the following described property: See Exhibit "A" attached hereto I am of the opinion that on the last mentioned date, the real property was vested in: simple title to the above-described company (as to Parcels 1~3) Sole Member is 500 Road LLC, a Delaware limited liability company Authorized Signatories: Sharon '-'""LI."L'""v and Chaim Elkoby SOUTH BEACH HEIGHTS I. LLC, a Delaware limited liability company (as to Parcels 4 and 5) Members are SBH Holdings 1, LLC, a Delaware limited liability company. and SBH Management Company, LLC, a Delaware limited liability company Authorized Sharon Christenbury and Chaim Elkoby limited liability company Holdings 1, LLC, a ._... ... ,,anal limited liability company Sharon Christenbury and ....,u,UJ.u Elkoby "none" please indicate): 1. RECORDED MORTGAGES: Mortgage and Security Agreement executed by 1220 Sixth, LLC, a Delaware limited liability company, Mortgagor, in ofMAU-MAU Corporation, a Florida corporation, Mortgagee, dated December 1, 1, recorded December 5, 2011 in Official Records Book 5, 3697, of the Public of Miami-Dade Cmmty, Florida. 741 Opinion of Title 2 Therefore, it is my opinion that the following party(ies) must join in the proffered document in order to make it valid and binding on the lands described herein. Name 500 ALTON ROAD VENTURES, LLC SOUTii BEACH HEIGHTS I, ILC, a Delaware limited liability company 1220 SIXTH. LLC, a Delaware limited liability company MAU-MAU CORPORATION, a Florida corporation Interest 0\'vner Owner Owner Mortgagee [THIS SPACE IS INTENTIONALLY LEFT BLANK] 742 Opinion of Title Page3 I HEREBY that legal description contained in this Opinion coincides with, and is the same as, the legal description in the proffered, recordable document I, the further certify that I am an attorney-at-law duly admitted to practice in the of Florida and a member in gopd standing of the Florida <y}- Respectfully submitted this L day . ~ OFFLORIDA ) ) ss MIAMI-DADE ) foregoing instrument was acknowl 2013, by STEVEN E. GOLDMAN, who i's ~I -------------->as identifi My Commission Expires: 743 Name Printed --Steven E. Goldman Florida Bar No. Greenberg Traurig, P .A. 333 S.E. 2nd Avenue, Suite 4400 Miami, Florida 131 _,_ __ day of February, me or has produced __ _ (WElAMUSA Notary Nllle • Stale ol Florlda My COIMI. ~res Mar 25, 2!i14 commissiOn 11 oo 974799 "A" 2 THROUGH 10, INCLUSIVE, AND 15, RESUBDIVISION't, ACCORDING TO THE PLAT PLAT BOOK 21, 83, OF THE PUBLIC •'-·"~ . .-'L.n·--···""' PARCEL2: PLAT OF AQUARIUM AS RECORDED IN MIAMI-DADE COUNTY, 1, 16, 17, 18 AND 19, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING PLAT AS RECORDED IN PLAT BOOK 21, PAGE THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCELS: BEGIN AT THE SOUTHWEST CORNER OF LOT 19 OF AQUARIUM SITE RESUBDIVISION", AS RECORDED IN PLAT BOOK PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, RUN WEST LINE OF SAID LOT 19 FOR A DISTANCE OF 25.15 FEET TO THE POINT INTERSECTION WITH THE RIGHT-OF-WAY LINE OF STATE ROAD THENCE DEFLECTING 87°01'19 11 TO RIGHT, RUN ALONG RIGHT-OF-WAY LINE OF STATE ROAD FOR A DISTANCE OF 37.88 FEET TO THE POINT OF CURVATURE OF CIRCULAR CURVE TO LEFT; THENCE RUN ALONG ARC OF SAID CURVE, HAVING A RADIUS OF AND A CENTRAL ANGLE OF 87°00'49", FOR AN DISTANCE 99.47 FEET TO THE POINT TANGENCY WITH THE LINE OF SAID LOT 1, SAID POINT BEING 7.48 FEET SOUTH OF ffiE NORTHEAST CORNER OF SAID 1; THENCE RUN EAST LINE LOT 1, FOR DISTANCE 28.72 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE RUN ALONG OF CURVE, HAVING A OF 63.80 FEET AND A CENTRAL 89°59'30", FOR AN DISTANCE OF 100.21 A POINT OF TANGENCY WITH LINE LOT l, AT A DISTANCE OF 11.20 FROM SOUTHWEST CORNER 1; THENCE RUN WEST ALONG LINE OF SAID LOTS lAND 19 DISTANCE OF 36.20 TO POINT OF BEGINNING. AND BEGINNING AT SOUTHEAST CORNER LOT 18 OF 0 AMENDED OF AQUARIUM SITE RESUBDIVISION", AS RECORDED IN PLAT BOOK , 83, OF PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, RUN WEST ALONG THE SOUTH LINE OF LOTS 18 AND 17 A DISTANCE OF 62.00 FEET TO POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE RUN ALONG THE 744 ARC SAID CIRCULAR CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 66°03'04", AN ARC DISTANCE OF 23.06 FEET TO POINT TANGENCY WITH WESTERLY OF SAID LOT 17; THENCE RUN NORTHWESTERLY ALONG SAID WESTERLY LINE OF 17, A DISTANCE OF 27.39 THENCE RUN SOUTHEASTERLY THE OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 29.30 FEET AND A CENTRAL ANGLE OF 46°06'19", FOR AN ARC OF FEET TO A POINT; THENCE RUN EASTERLY ALONG A STR.PJGHT LINE A OF 74.72 FEET A POINT ON EAST LINE OF SAID LOT 18, SAID POINT BEING 25.15 NORTH OF SOUTHEAST CORNER OF LOT 18; THENCE RUN SOUTH ALONG SAID LINE OF LOT 18, FOR A DISTANCE OF 25.15 POINT OF BEGINNING. PARCEL3; LOTS 13 AND 14, "AMENDED PLAT OF AQUARlUM SITE RESUBDIVISION 1 ', ACCORDING TO TIIE PLAT THEREOF, AS RECORDED IN PLAT BOOK OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LAND DESCRIPTION: (600-630 ALTON ROAD) l THROUGH 7, AND LOTS 27 THROUGH 32, INCLUSIVE, "-"'-''-''-'""" .. 11AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE AS RECORDED IN 28 AT PAGE 34, OF THE PUBLIC '"'"'""'"'-".l'U-''-' COUNTY, LESS AND EXCEPTING THOSE PORTIONS OF SAID LOTS 1 2, BLOCK 2, OF SAID PLAT 11 AMENDED PLAT FLEETWOOD SUBDMSION", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT NORTHWEST CORNER OF SAID LOT 2; THENCE RUN SOUTH, ALONG WEST LINE OF SAID LOT 1 AND 2 FOR A DISTANCE 95.00 FEET TO POINT CURVATURE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC CIRCULAR CURVE TO THE HAVING FOR ELEMENTS A RADIUS OF 15.00 AND A CENTRAL ANGLE OF 90 DEGREES FOR AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY THE SOUTII LINE OF SAID LOT 1; RUN ALONG THE SAID SOUTH LINE OF LOT 1 FOR A DISTANCE THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO RIGHT, HAVING FOR ELEMENTS A RADIUS OF 15.00 FEET AND A CENTRAL OF DEGREES 36 MINUTES 39 SECONDS FOR AN ARC DISTANCE OF 19.27 TO A POINT OF TANGENCY; THENCERUNNORTH 16 23 MINUTES SECONDS WEST FOR A DISTANCE OF 51.32 FEET TO A POINT ON NORTH LINE SAID LOT 1; THENCE RUN NORTH 11 DEGREES 18 MINUTES 35 SECONDS WEST A DISTANCE OF 50.99 FEET TO POINT OF BEGINNING, LYING IN MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: 745 LOTS 23 THROUGH 26, BLOCK "AMENDED PLAT FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS BOOK 28 OF PUBLIC RECORDS OF DADE COUNTY, LANTI (1220 6TH STREET) 11 AND OF "AMENDED OF AQUARIUM RESUBDIVISION" > ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC ..,.-,-,,-.r.. .... -n.'"' OF MIAMI-DADE COUNTY, FLORIDA. MIA GOLDMANS 183,001, 75fiv2 2-1-13 05146!5.081700 746 Attachment Il 747 Attadunent C COUSINS SURVEYORS & ASSOCIATES, INC. lPROJECI NUMt)t.l\ ; bt\44-IL J 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT : CERTIFICATE OF AUTHORIZATION : LB # 6448 PHONE 689-7766 FAX 689-7799 CRESCENT HEIGHTS LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: A PORTION OF LOTS 8, 9, 10 AND 13, AND A PORTION OF THAT 15.00 FEET ALLEY OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS Of MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 0; THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 10 AND THE SOUTH RIGHT OF WAY LINE OF "6TH STREET", A DISTANCE OF 14.21 FEET; THENCE SOUTH 00'22'51" EAST ALONG A LINE 14.21 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOTS 8, 9 AND 10, A DISTANCE OF 120.00 FEET; THENCE SOUTH 89'37'30" WEST ALONG THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 13 AND ITS EASTERLY EXTENSION, A DISTANCE OF 1 54.21 FEET; THENCE NORTH 00'22'51" WEST AlONG THE WEST LINE OF SAID LOT 13 AND THE EAST RIGHT -OF -WAY LINE OF "WEST AVENUE", A DISTANCE OF 20.00 FEET; THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINE OF SAID LOT 13, A DISTANCE OF 125.00 FEET; THENCE NORTH 00'22'51" WEST ALONG THE EAST LINE OF LOTS 11 AND 12 OF SAID PLAT, A DISTANCE OF 100.00 FEET; THENCE NORTH 89'37'30" EAST ALONG THE SOUTH RIGHT-OF-WAY liNE OF "6TH STREET", A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING, LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, LESS. COUNTY, FLORIDA; CONTAINING 6,005 SQUARE FEET MORE OR 748 LAND DESCRIPTION & SKETCH FOR ALLEY VACATION COUSINS SURVEYORS & ASSOCIATES, INC. WEST AVENUE N00"22'51 "W 20.00' LOT 13 M o. )> ~ ~ ~ II 1,?> 0 0 1.11 VI .0 z., · oo ~. mt;:; ~i! EAST LINE LOT 13 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CERTIFICATE OF AUTHORIZATION LB # 6448 PHONE (954} 689-7766 FAX 689-7799 LAND DESCRIPTION AND SKETCH EAST .RIGHT-Of-WAY LINE WEST LINE-LOT 12 WEST LINE -LOT 1 I "AMENDED PLAT OF AQUA!WJM SITE RESUBDIVISION" (P.B. 21, PG. :a:s, M/D.C.R.) r' Z·Z MM I I "' oo ....,,_, N00"22'51"W . 100.00' LOT 11 EASTERLY EXTENSION Of' , THE SOUTH LINE Of 15' ALLEY (P.B. 21, PG. 83, M/D.C.R.) ;' THE NORTH 20 FEET OF LOT 13 WEST UNf ' LOT 8 LOT 8 WEST LINE-LOT 9 LOT 9 749 \ WEST LINE-LOT 10 LOT 10 LAND DESCRIPTION & SKETCH FOR ALLEY VACATION CRESCENT HEIGHTS COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER 6844-12 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 4 CLIENT : CERTIFICATE OF : LB # 6448 PHONE '954) 689-7766 FAX 689-7799 CRESCENT HEIGHTS NOTES; LAND DESCRIPTION AND SKETCH LEGEND: CKD OWN FB/PG POB roc P.B. M/!J.C.R. SQJl. POB CHECKED BY DRAWN BY FIELD BOOK AND PAGE POINT OF BEGINNING POINT OF COMMENCEMENT PlAT BOOK MIAMI/DADE COUNTY RECORDS SQUARE FEET POINT OF BEGINNING L NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A fLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS Of RECORD. 3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH, 4. THE lAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 5. BEARINGS SHOWN HEREON ARE ASSUMED. I HEREBY CEIHtFY THAT THE ATIACHED "LAND DESCRIPTION AND SKETCH" IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION IN DECEMBER, 2012. I FURTHER CERTIFY THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE Of fLORIDA ACCORDING TO CHAPTER SJ-17 Of THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 4/2.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. RICHARD E. COUSINS 750 LAND DESCRIPTION & SKETCH FOR ALLEY VACATION Dear Attachment D ER OW DELL&FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT UNE: (305) 377-6229 E"Mail: gpenn@BRloninglaw.com Request for Allev Closqre -500 Block of Alton Road. Beckmann: DeveloRmen.t~an. The Applicant to develop a consisting several buildings on the 500 and 600 u~'J'-·'""" brought up to modem building be devoted to a multifamily be limited to seven the existing hospital uu .•. li..UHF',, are attaching some of the current the proposaL WACHOVIA FINANCIAl. C:EN"'fEF! • 200 SOOTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINULAW.C:OM 751 through alley, the then property ow11er dedication of a replacement alley at to preserve access to the rear redevelopment other ways. any through a of the easement in the owners the to the centerline of the public. utility of the only as a unused and taxes. that reason the Property as ..... .,.,..,'""'"'""'''1 on the attached multiple bicycle, ~-''"'··'""'''"'·"; .... and +.,.,.r..,·•+ as depicted on project to help to the site will be provided on with Miami-Dade Applicant is proposing north of BERCOW RADELL & FERNANDEZ .Z:ONtNG, t..AND U~"f;t At.JD ENVIROf"t..!MS!r'·..fTAL l.-A'\1\/ 752 This nmnerous pedestrian flow An forward to cc: that the redevelopment the City increased property taxes due to the proposed dosure is The redevelopment of Property ~'"'"''"''' .. that will be a addition to this area of the City's gateway at the MacArthur Causeway. look recommendation. If you questions or comments, BE.RCOW RADE.LL & FERNANDEZ ZONING, L.AND USE\ ANt'J. t-::NVIR<:>NM~,NTAU...... LA\t"lJ' 753 RESOLUTION TO BE SUBMITTED 754 THIS PAGE INTENTIONALLY LEFT BLANK 755