2004-25599 ResoRESOLUTION NO. 2004-25599
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A RELEASE OF AN EASEMENT
AGREEMENT FOR LOT 3, OF BLOCK 33, MIAMI BEACH
IMPROVEMENT COMPANY'S OCEAN FRONT SUBDIVISION, IN
FAVOR OF CROWN AT MIAMI BEACH, LTD., OWNER OF THE
CROWN HOTEL PROPERTY, LOCATED AT 4041 COLLINS AVENUE;
SAID RELEASE SUBJECT TO AND CONTINGENT UPON CROWN AT
MIAMI BEACH, LTD.'S SATISFACTION OF THE CONDITIONS SET
FORTH IN THIS RESOLUTION.
WHEREAS, in 1929, an Easement Agreement was granted to the City of
Miami Beach which established a "Base Line", giving the City the right to
construct certain erosion control structures, such as jetties, groynes, seawalls,
and bulkheads, east of said Base Line; said Easement Agreement is attached as
Exhibit "A" hereto (the 1929 Easement); and
WHEREAS, after the construction of an artificial dune by the U.S. Army
Corps of Engineers, a new erosion control line was established by the State of
Florida Department of Environmental Protection (DEP) to the east of the Base
Line established in the 1929 Easement (Erosion Control Line); and
WHEREAS, the Crown at Miami Beach Ltd., as owner of the Crown Hotel
located at 4041 Collins Avenue, Miami Beach, Florida, is refinancing the Crown
Hotel Property and undertaking a redevelopment and restoration of said
Property; and
WHEREAS, the Crown Hotel's lender, in order to ensure clear title to the
property, is requiring that the City release the 1929 Easement; and
WHEREAS, the Administration has met with representatives of the Crown
Hotel, and said representatives have provided documentation from DEP, which
states that while there is no record of release and/or termination of the 1929
Easement, the Base Line originally established pursuant to said 1929 Easement
is no longer utilized as the demarcation in the permitting and construction of
erosion control structures; a copy of said letter stating DEP's position is attached
as Exhibit "B" hereto; and
WHEREAS, the City concurs with DEP's analysis; the City no longer
utilizes the Base Line established under the 1929 Easement for purposes of
permitting the construction of erosion control structures, since all new erosion
control structures must be built east of the Erosion Control Line; and
WHEREAS, the Administration would recommend that the Mayor and City
Commission authorize the Mayor and City Clerk to execute the attached
Release, subject to and contingent upon Crown at Miami Beach, Ltd.'s
satisfaction of the following conditions:
1)
2)
Crown at Miami Beach, Ltd. shall agree and deliver of
Release, in a form acceptable to the City Attorney and City
Manager, releasing the City of Miami Beach from any
obligation to construct the jetties, groynes, seawalls, and
bulkheads referenced in the 1929 Easement; and
Crown at Miami Beach, Ltd. shall execute and deliver a letter
agreement, in a form acceptable to the City Attorney and
City Manager, representing that, as the owner(s) of the
Crown Hotel Property, it shall have no objection to, nor shall
it contest any and all permits the City may obtain, with
respect to the City's design and construction of a proposed
public beachwalk and/or boardwalk project behind the Crown
Hotel Property, on the State owned beach, east of the
Erosion Control Line, including that certain area landward
and seaward of the dune, and reasonably similar to the
existing at-grade pedestrian walkway, including landscaping,
lighting and irrigation, along the landward side of the dune,
connecting the existing walkway fronting Lummus Park and
the existing elevated wooden boardwalk, which currently
begins at 21st Street (Beachwalk Project).
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 and authorize the Mayor and City
Clerk to execute a Release of the 1929 Easement Agreement for Lot 3, Block 33,
of Miami Beach Improvement Company's Ocean Front Subdivision, in favor of
Crown at Miami Beach, Ltd., as owner of the Crown Hotel property, located at
4041 Collins Avenue; said release subject to and contingent upon Crown at
Miami Beach, Ltd.'s satisfaction of the following conditions: 1) Crown at Miami
Beach, Ltd. shall agree and deliver of Release, in a form acceptable to the City
Attorney and City Manager, releasing the City of Miami Beach from any
obligation to construct the jetties, groynes, seawalls, and bulkheads referenced in
the 1929 Easement; and 2) Crown at Miami Beach, Ltd. shall execute and deliver
a letter agreement, in a form acceptable to the City Attorney and City Manager,
representing that, as the owner(s) of the Crown Hotel Property, it shall have no
objection to, nor shall it contest any and all permits the City may obtain, with
respect to the City's design and construction of a proposed public beachwalk
and/or boardwalk project behind the Crown Hotel Property, on the State owned
beach, east of the Erosion Control Line, including that certain area landward and
seaward of the dune, and reasonably similar to the existing at-grade pedestrian
walkway, including landscaping, lighting and irrigation, along the landward side of
the dune, connecting the existing walkway fronting Lummus Park and the
existing elevated wooden boardwalk, which currently begins at 21st Street
(Beachwalk Project).
PASSED and ADOPTED this 9ch day of
ATTEST.:
CITY CLERK
T:~AGENDA~2004~May0504tConsent~RESO Crown Hgl~l~$ement.doc
2004.
Am,m3w'o. 'ro
FORM & LANGUAGE
& FOR EXECUTION
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
£ L O R
I D A
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
FROM:
Mayor David Dermer
Members of the City Commission
Murray H. Dubb[,nj I~
City Attorney /~
FRiarsU1 ~ Aguila~ ~-~,('---'
· ssistant City~t~rney
DATE: June 9, 2004
SUBJECT:
A Resolution of the Mayor and City Commission of the City of Miami
Beach, Florida, Authorizing the Mayor and City Clerk to Execute a
Release of an Easement Agreement for Lot 3, of Block 33, Miami
Beach Improvement Company's Ocean Front Subdivision, In Favor of
Crown at Miami Beach, Ltd., Owner of the Crown Hotel Property,
Located at 4041 Collins Avenue; Said Release Subject to and
Contingent Upon Crown at Miami Beach, Ltd.'s Satisfaction of the
Conditions Set Forth in this Resolution
Although a Termination and Abandonment of the above referenced Easement
Agreement was considered and denied by the Mayor and City Commission at its May
5th, 2004 Meeting, at the request of Commissioner Jose Smith, please place the
attached Resolution as a new item on the June 9th, 2004 City Commission Agenda.
The Crown Hotel Property, located 4041 Collins Avenue, has obtained design
approval from the City for a renovation project, which contemplates the
restoration/remodeling to the existing hotel facility, a one level parking addition with new
pool and deck above, improvements to accessibility, site improvements and new
construction of an 11 story apartment tower.
The Crown Hotel owner, Crown at Miami Beach, Ltd., is in the process of
obtaining financing for the proposed project; pursuant to such financing, one of the
lender's conditions, in order to ensure clear title for the property, is to require the owner
to seek a release of an existing 1929 Easement granted to the City, and running
Agenda Item
1700 Convention Center Drive - Fourth Floor - Miami Beac Date
through a portion of the Crown Hotel property (a portion of the existing pool deck). The
1929 Easement established a "Base Line", and gave the City the right to construct
certain erosion control structures, such as jetties, groynes, seawalls, and bulkheads,
east of said established Base Line.
After a beach re-nourishment project which resulted in the construction of an
artificial dune by the U.S. Army Corps of Engineers, the Base Line established by the
1929 Easement was essentially "replaced" by the establishment of the Erosion Control
Line, by the State of Florida Department of Environmental Protection (DEP), which
currently runs to the east of the Base Line established in the 1929 Easement.
While there is no evidence in either the City's records or State DEP's records to
evidence that the 1929 Easement (establishing the Base Line) was ever terminated,
neither the City nor the State DEP currently utilize the 1929 Base Line demarcation for
purposes of permitting and constructing erosion control structures. Were the City to
construct the jetties, groynes, seawalls, and bulkheads contemplated within the 1929
Easement today, under current state DEP permitting guidelines, all new such erosion
control structures would have to be built using the current Erosion Control Line (as
established by DEP), and must be built east of said Erosion Control Line.
The Administration and City Attorney's Office has continued to meet with
representatives of the Crown Hotel Property. Commissioner Smith, in conjunction with
the City Attorney's Office, has obtained additional concessions from Crown at Miami
Beach, Ltd. (owner of Crown Hotel Property), which conditions would necessarily be
satisfied and made subject to the City Commission's release of the 1929 Easement:
1)
2)
Crown at Miami Beach, Ltd. has agreed to deliver a Release,
in a form acceptable to the City Attorney and City Manager,
which would release the City from any construction
obligation(s) under the 1929 Easement (that is, the rights
granted to the City therein to construct jetties, groynes,
seawalls, and bulkheads).
Crown at Miami Beach, Ltd. has agreed to execute and
deliver a letter agreement, in a form acceptable to the City
Attorney and City Manager, representing that the Crown
Hotel Property would have no future objection, nor would it
contest any permits obtained by the City, with respect to the
design and construction of a proposed public beachwalk
and/or boardwalk which (in part) would run behind the Crown
Hotel Property, on the State owned beach, east of the
erosion control line, and which would be reasonably similar
to the existing beachwalk project which is under
construction, and which will connect the existing walkway
fronting Lummus Park with the existing elevated wooden
boardwalk, which currently begins at 21 st Street.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Accordingly, the City Attorney's Office has prepared a new Resolution regarding release
of the 1929 Easement. The new Resolution incorporates the aforestated terms, and
makes the City's release of said Easement, subject to and contingent upon Crown at
Miami Beach, Ltd.'s compliance with same. As such, the City Attorney's Office has
opined that this matter may be considered by the City Commission as a new matter/item
which is properly before the Commission.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
COASTAL
$¥S'TEMS
COASTAL SYSTEMS INTERNATIONAL, INC.
464 South Dixie Highway · Coral Gables, Florida 33146
Tel: 3(}5-661-3655 · Fax: 305-661-1914
wwvv.coast alsystemsint.com
May4, 2004
Raul Aguila, Esq.
First Assistant City Attorney
City Attorney's Office
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, Florida 33 i 39
'- ~ 22271)0
RE: TERMINATION OF CITY EASEMENT WITHIN THE PROPOSED CROWN PROJECT SITE~
CITY OF MIAMI BEACH~ MIAMI-DADE COUNTY~ FLORIDA
Dear Mr. Aguila:
The City of Miami established the subject easement in 1929 to limit the seaward edge of
construction in order to prevent erosion damage to riparian structures. Subsequently, the U.S.
Army Corps of Engineers nourished the adjacent beach. Prior to the nourishment, the project
area was surveyed and the mean high water line was located. At that time, the Department of
Environmental Protection (DEP) created the Erosion Control Line (ECL), which was updated in
April 1997. The ECL corresponds to the MHWL prior to the nourishment of the beach and the
property owner's eastern property boundary.
Chapter 62B-33.024 (4)(b) of the DEP's rules and procedures establishes a landward limit of
major structure construction (the 30-year Erosion Projection) based upon the location of the
ECL, the steepness of the beach, and the rate of erosion in the area. Major structures, other than
those proposed for beach and shore protection, may not be built seaward of the 30-Year Erosion
Projection.
As part of the Statewide Strategic Beach Management Plan, the DEP has established long-range
nourishment goals to maintain existing nourished beaches. The DEP has moved away from
beach management focused on local short term needs to provide long term solutions to beach
erosion.
Coastal, Environmental, Civil Engineering and Management
222700
Raul Aguila, ~sq.
May 4,2004
Page 2
Based upon this information and the efficacy of Chapter 62B-33.024 (4)(b), enforcement of the
easement by the City of Miami Beach as recorded in Deed Book 1355, 474 of the Public Records
of Miami Dade County, is no longer necessary. Should you have any questions or require
additional information, please do not hesitate to contact me at (305) 669-6230.
Sincerely,
COASTAL SYSTEM~tNTE~NATIONAL, INC.
Laur~M: Shep~rd ..
Env'fron~matatfPermitt~tng Project Manager
CJB:LMS
CC~
David Sacks, Esquire, Pathman Lewis, P.A.
Mr. Alex Lastra, Atlantic and Pacific Development
Mr. Jerry McDonald and Mr. Ken Nichols, GT McDonald
Mr. Todd Tragash, STA Architects
File, CJB, LMS
F:\Project \222700\CorrespondenceX(04-05-04) LTR Raul Aguita (City Easement) doc
Coastal, Environmental, Civil Engineering and Management
¸-4
._A. D. lO I~g, ·
hereinafter referred to as the ~ ..... Owner ....... , of the first part, and THE CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation un~ler the Laws of'the Slate of Florida, hereinafter referred to as the
City, of the eecand part:
WiTI~IE~SETH: That the said lpie~a'_--- Owner ..... - ...... thesillllnor___. Owner of the follow-
i~e d~lhed lands, l°Cat~l within the City Limits of the City of Miami B~h, Dade County, Florida, to-
~'II~T~-~._I~_.~_(~.)_ , Miami Busch lmprovern~nt Company's 0ee-~ Front Subdivision, s~cordh~
to The Amended Map of The Ocean Front Prope~y of the Miami Beth Improvement Company, r~ord~d in
,tun~, 1915, in Plat Book Ho. 5, pa~es ? and 8, of the Public R~oords of Dada County, Florld~:
That the foliowtni llne: Be~inninll at a paint which is on tho Northerly line of
44th Strut produosd F.a~t~rly ~nd 2¢5.8 feet l~tsrly of tho c~t~r lto~ of Collies Av-
enue, runnlnl~ thenea in a Southerly direction to a point which is on the Northerly lin~
of 'Fortieth Street and 250.4 feat Easterly of the ~id center line of Collins A.~oenu~
thanca oontinuln~ Southerly to a point which is on the Northerly line of Thirty- o
Street and 280.0 feet Easterly of the said center line of Collins Avenue; thanes contin~
uin~ Southerly along the last mentioned oours~ produced Southerly for a dists~ca ~
89.~ feet to a Voint of curvature; thence deflectins.Westorl~y.aro .~.d. ~. c..urve_,of 1,8411.15
foot mdi~s ~o a point which is on the Southerly hne of '£mrty-tmm ~re~.
As eaid Streeto and Avenue are shown on the aforementien~d m~p and. as asid '
Streeto are nam~ and deaf,mated in Ordinance Ho. 239-.
which shall hm~dter be known as the "BASE LINE," ~xtends throuilh the shave described proper~y; that
the above dee~ribod land horder~ on or lieu n~r ~he Atlantic Ocean and because of winds and tides is
danit~red and mir bo damaged by erosion or may be added to by accretion; tlmt the asid City h~ power to
eonstru~ Jetties or ~-oynes, soswalls ~nd bulkheads to prevent the erosion of said lands, to c~use ~
tion thereto ~nd to prewnt overflow thereof; that it is the desire of said Lienor ...... Owne~--- to pro-
mote and ~cour~Ke said City in ~ny of the s2oresaid construction, any of which will be benP~leisl ia th~
above described property.
sum o~ (hie ($1.00) Dollar, ~o ascn in nana palU, ~os rec~p~ w~ ....... ='='! ". --." '! '-:---
b ire and irant unto the said City a perpetual ri,hr and casein, ent at ally tl~m~=et~vr~a~tr~e~ol~lt~dd ~B~s~
~d~t.~in upon any lands, whether above water or submerged, lying East or Ea.~.., --
li~ jsttiee, stance, soswalis and/or bulkheads.
This a~r~me~t and all of its provisions Shall extend to and be bindin~ upan the heirs, le~l ~preeen-
t&tives, succeesore and assi~ms of the respeciive parties heret~
IN WITNES~ WHEREOF, the asid~ilil~ ...... Owner ....... and the said City have hereunto s~t thdr
hands and s~ls, or in the case of a corporation, ~aused this instrument to be executed in its r~me by it~
duly authorised offh:~re, a~d its seal to be affixed~ on the day and year first ~bov~ writt~m.
IH THE PRE/~CE OF:
.,,:.. ,
..... (S~)