HomeMy WebLinkAbout2005-25786 Reso
RESOLUTION NO. 2005-25786
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 LOTS 1 AND 2, OF BLOCK 19, MIAMI
BEACH IMPROVEMENT COMPANY'S OCEAN FRONT
SUBDIVISION, IN FAVOR OF COLLlNS-33RD STREET
REALTY CORPORATION, A FLORIDA CORPORATION,
OWNER OF THE SAXONY HOTEL PROPERTY,
LOCATED AT 3201 COLLINS AVENUE; SAID RELEASE
SUBJECT TO AND CONTINGENT UPON COLLlNS-33RD
STREET REALTY CORPORATION'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 sand 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 Saxony Hotel located at 3201 Collins Avenue and owned
by Collins-33rd Street Realty Corporation, is presently under contract to be
purchased and developed by the Patrinely Group; and
WHEREAS, a portion of the 1929 Easement Area runs through the
existing Saxony Hotel Property; and
WHEREAS, in order to build within the 1929 Easement area and to
ensure clear title for the property, Collins-33rd Street Realty Corporation is
seeking release from the City of its rights under the 1929 Easement; and
WHEREAS, in reviewing a similar situation with the 1929 Easement and
the Crown Hotel, located at 4041 Collins Avenue, documentation from the Florida
Department of Environmental Protection (DEP) was provided to the
Administration stating that while there is no record of release and/or termination
of the 1929 Easement Agreement, the Base Line originally established pursuant
to said 1929 Easement Agreement is no longer utilized as the demarcation in the
permitting and construction of erosion control structures; 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, accordingly, 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 Collins-33rd Street Realty
Corporation's satisfaction of the following conditions:
1) Collins-33rd Street Realty Corporation shall agree and deliver
a 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) Collins-33rd Street Realty Corporation and Patrinely Group,
or any entity contracting to purchase or assume ownership
of this property, shall execute, record and deliver a letter of
agreement, in a form acceptable to the City Attorney and
City Manager, representing that, as the owner(s) of the
Saxony 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
Saxony 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).
3) Collins-33rd Street Realty Corporation and the Patrinely
Group shall agree and acknowledge that no additional Floor
Area Ratio (FAR) will result or may be claimed as a result of
the City's release of the Easement Agreement.
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 Lots 1 and 2,
Block 19, of Miami Beach Improvement Company's Ocean Front Subdivision, in
favor of Collins-33rd Street Realty Corporation, a Florida Corporation, as owner
of the Saxony Hotel property, located at 3201 Collins Avenue; said release
subject to and contingent upon Collins-33rd Street Realty Corporation's
satisfaction of the following conditions: 1) Collins-33rd Street Realty
Corporation 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; 2) Collins-33rd Street Realty Corporation and the
Patrinely Group 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 Saxony 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 Saxony 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); and 3) Collins-33rd Street Realty Corporation and the Patrinely Group
shall agree and acknowledge that no additional Floor Area Ratio (FAR) will
result or may be claimed as a result of the City's release of the Easement
Agreement.
PASSED and ADOPTED this 12th day of January
,2005.
ATTEST:
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CITY CLERK
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T:\AGENDA\2005\Jan1205\ConsentlSaxony Hotel Easement Reso(Amended).doc
APPROVED AS TO
FORM & LANGUAGE
a FOR EXECUTION
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution of the Mayor and City Commission approving the release of the 1929 Easement Agreement in
favor of Collins-33rd Street Realty Corp., owners of the Saxony Hotel property located at 3201 Collins
Avenue.
Issue:
Shall the City Commission approve the release of the 1929 Easement Agreement in favor of Collins-33rd
Street Realty Corp., owners of the Saxony Hotel property located at 3201 Collins Avenue?
Item Summa IRecommendation:
In 1929 Easement Agreements by several ocean front property owners granted the City of Miami Beach
easements for erosion control east of a Base Line established for this purpose. The easement granted the
City of Miami Beach authority to place structures to control the erosion of the beach front properties.
After the construction of an artificial sand dune by the Army Corps of Engineers, a new erosion control line
was established by the State of Florida to the east of the 1929 City Base Line. All new erosion control
structures must now be built east of the Erosion Control Line therefore rendering the 1929 Easement
Agreement running through a portion of the Saxony Hotel property obsolete for the purpose it was created
for.
The Administration recommends ado tin the Resolution.
Advisory Board Recommendation:
I
Financial Information:
Finance Dept.
Source of
Funds:
D
Cit Clerk's Office Le islative Trackin
Robert Halfhill, Extension 6833
AGENDA ITEM
DATE
C7r;
I-I ).-oS-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: January 12, 2005
From:
Jorge M. GOnZalez... Q v~
City Manager J 0
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
LOTS 1 AND 2, OF BLOCK 19, MIAMI BEACH IMPROVEMENT
COMPANY'S OCEAN FRONT SUBDIVISION, IN FAVOR OF COLLlNS-
33RD STREET REALTY CORPORATION, A FLORIDA CORPORATION
OWNER OF THE SAXONY HOTEL PROPERTY, LOCATED AT 3201
COLLINS AVENUE; SAID RELEASE SUBJECT TO AND CONTINGENT
UPON COLLlNS-33RD STREET REALTY CORPORATION'S
SATISFACTION OF THE CONDITIONS SET FORTH IN THIS
RESOLUTION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
In 1929, Easement Agreements by several ocean front property owners, granted the City of
Miami Beach erosion control easements east of a Base Line established for this purpose
(see attached Exhibit "A"). The Easement Agreement granted the City of Miami Beach
authority to place structures to control the erosion of the beach front.
After a beach re-nourishment project which resulted in the construction of an artificial sand
dune by the U.S. Army Corps of Engineers, the Base Line, established by the 1929
Easement Agreement was 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 Agreement.
On May 5, 2004, the Crown Hotel Property, which is being redeveloped at 4041 Collins
Avenue, requested from the City Commission a release from such an Easement
Agreement on their property. The request was reviewed by the City Commission and on
June 9,2004, Resolution No. 2004-25599 was adopted releasing the Crown Hotel Property
from the easement agreement on that property (Crown Hotel easement, exhibit B).
The Saxony Hotel, located at 3201 Collins Avenue is being redeveloped and reconstructed.
An Easement Agreement similar to the Crown Hotel mentioned above exists for Lots 1 and
2 of Block 19. The owners of the property, Collins-33rd Street Realty Corporation have
requested the City release them from this easement agreement.
ANALYSIS:
The Saxony Hotel Property, located 3201 Collins Avenue, has obtained design approval
from the City for a renovation and new construction project, which contemplates the
restoration and partial demolition of the existing 12 story Saxony Hotel, site improvement~
and construction of a new 19 story multifamily building.
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 today the
jetties, groynes, seawalls, and bulkheads contemplated within the 1929 Easement, under
current State DEP permitting guidelines, all new such erosion control structures would have
to be built east ofthe current Erosion Control Line (as established by DEP). Therefore, the
City could no longer build erosion control structures in the 1929 Easement Agreement
area, rending the Easement Agreement obsolete for the purpose it was created for.
The Saxony Hotel owned by Collins-33rd Street Realty Corporation is presently under
contract to be purchased and developed by the Patrinely Group. In order to build on the
1929 easement area and to ensure clear title for the property the owner is seeking
release from a 1929 Easement Agreement with the City, that run through a portion of the
Saxony Hotel property.
The Administration has reviewed this request for the release of the easement agreement,
which is similar to the previously mentioned Crown Hotel easement, and is recommending
the release be approved with the following conditions:
1) Collins-33rd Street Realty Corporation agrees 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, groves, seawalls, and bulkheads).
2) Collins-33rd Street Realty Corporation agrees to execute and deliver a letter
agreement, in a form acceptable to the City Attorney and City Manager, representing that
the Saxony 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 Saxony Hotel Property,
on the State owned beach, east ofthe 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.
CONCLUSION:
The Administration recommends approving the Resolution.
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EXHIBIT" A " - LOCATION OF EASEMENT AT THE SAXONY HOTEL ~~~I r., IT '''A'/
EXHIBIT" A" - LOCATION OF EASEMENT AT THE SAXONY HOTEL
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THIS AGREEMENT, made thiL____________f_7=______hm_day OLm.__~---.-----------m..--------A. D. 19~1.,
between___.__h_______J[ll.l.1aII__Z..___:t!h1_tgt~!l-~mJ!llg--M~-Q~~LIJ'___~_!!i_~_J::_~_!~___.!!g~_____.__________m___.____.__
hereinafter referred to as the Lienor____m, Owner__m___,of the'first part, and THE CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation under the Laws of the State of Florida, hereinafter referred to as the
City, of the second part:
WITNESSETH: That the said Lienor.__._h Owner..______, _h..____the Lienor....m Owner____n_ of the follow-
,f
ing described lands, located within the City Limits of the City of Miami Beach, Dade County, Florida, to-
wit: Lot~_h______OI'Z___UJh---.DQ-.(.2.)-----.aad.-.--DRU...(J.)h------.----______.h__h__h_____,'.________m_.___.h_.______of Block
.18':ZU---(19.)h-h--h, Miami Beach Improvement Company's Ocean Front Subdivision, according to The
Amended Map of The Ocean Front Property of the Miami Beach Improvement Company, recorded in June,
1915, in Plat Book No.5, Pages 7 and 8, of 'the Public Records of Dade County, Florida:
That the following line: Beginning at a point which is on the Northerly line of
44th Street produced Easterly and 245.8 feet Easterly of the center line of Collins Ave-
nue, running thence in a Southerly direction to a point which is on the Northerly line
of Fo.rtieth Street and 250.4 feet Easterly of the said center line of Collins Avenue;
thence continuing Southerly to a point which is on the Northerly line of Thirty-fourth
Street and 280.0 feet Easterly of the said center line of Collins A venue; thence con tin-
ing Southerly along the last mentioned OOurBe produced Southerly for a distance of
89.5 feet to a point of curvature; thence deflecting Westerly around a curve of 1,845.15
foot ,radius to a point which is on the Southerly line of Thirty-third Street.
As said Streets and Avenue are shown on the aforementioned map and as said
Streets are named and designated in Ordinance No. 232.
which shall hereafter be known as the "BASE LINE," extends through the above described property; that
the above described land borders on or lies near the Atlantic Ocean and because of winds and tides is en-
dangered and may be damaged by erosion or may be added to by accretion; that the said City has power
to construct jetties or groynes, seawalls and bulkheads to prevent the erosion of said lands, to cause accre-
tion thereto and to prevent overflow thereof; that it is the desire of said Lienor_m___ Owner________ to pro-
mote and encourage said City in any of the aforesaid construction, any of which will be beneficial to the
above described property. "
NOW, THEREFORE, the Lienorm___, Owner,m___, in consideration of the benefits which may be de-
rived by virtue of any of the construction hereinabove mentioned, whenever made hereafter, and to enable
the City to formulate plans and .arrange finances for any of the said construction, and in consideration of
the sum of One ($1.00) Dollar, to each in hand paid, the receipt whereof is hereby acknowledged, do__oo__
hereby give and grant unto the said City a perpetual right and easement at any time hereafter, to construct
and maintain upon any lands, whether above water or submerged, lying East or Easterly of the aforesaid
Base Line, jetties, groynes, seawalls and/or bulkheads.
It is further understood and agreed that should said jetties, groynes, seawalls and/or bulkheads be
constructed under the provisions of this easement, the above deacribed property shall not be specially as-
Bessed for the cost of groynes or jettiea, nor for any portion of the cost of seawalls and/or bulkheads,
fill, and/or other construction at street ends.
This agreement and all of its provisions shall extend to and be binding upon the heirs, leJiaI represen-
tatives, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the said Lienor_______ Owner_____ and the said City have hereunto set their
bands and seals, or in the case of & corporation, caused this instrument to be executed huta name by its
cfuly authorized officei'll, and its seal to be affixed, on the day and year first above writfeD.
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IN~OF:
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...._h___n__m_h.__. _h___hhn_____hnnn._____ nh_..._____h. (Seal)
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" _________________m___._ .______________m______nm___.__.___ (Seal)
. .~ \.;:;. -. -'''''. of the First Part.
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LOCATION OF EASEMENT AT THE CROWN HOTEL Ex H-I e, 11 '\ ~ If