2007-26545 Reso
RESOLUTION NO. 2007-26545
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING SECOND AND
FINAL READING OF THIS RESOLUTION AND AFTER A DULY
NOTICED PUBLIC HEARING, APPROVING THE VACATION OF A
PORTION OF AN ALLEY, CONTAINING APPROXIMATELY 14
SQUARE FEET AND LOCATED ADJACENT TO THE PROPERTY
LOCATED AT 1665 ALTON ROAD (SAID PROPERTY LEGALLY
DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE APPLICANTS
AND ADJACENT PROPERTY OWNERS, MBEACHl, LLLP AND
MBEACH3, LLC (WHOSE AFFILIATE, UIA MANAGEMENT, LLC, IS
THE DEVELOPER UNDER A DEVELOPMENT AGREEMENT WITH
THE CITY OF MIAMI BEACH, FLORIDA, WHICH WAS APPROVED
PURSUANT TO RESOLUTION NO. 2007-26494); SAID VACATION IN
EXCHANGE FOR THE APPLICANTS' CONVEYANCEIDEDICATION,
FOR RIGHT OF WAY PURPOSES, OF APPROXIMATELY 180 SQUARE
FEET OF A PORTION OF THE PROPERTY OWNED BY THE
APPLICANTS (WITHIN THE PROPERTY LEGALLY DESCRIBED AS
LOT 7, BLOCK 39); WAIVING, BY 517THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS, AS PROVIDED IN
SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY; WAIVING, AS REQUESTED
BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL AGREEMENTS AND/OR
INSTRUMENTS, AS NECESSARY, TO EFFECTUATE THE SUBJECT
VACATION.
WHEREAS, MBeachl, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as MBeachl, LLLP, Ltd, ("MBeachl ") is the owner of
certain land located at 1111 Lincoln Road, Miami Beach, Florida (the "MBeachI Property"); and
WHEREAS, MBeach3, LLC, a Delaware limited liability company ("MBeach3") is the
owner of certain land adjacent to the MBeachl Property, located at 1665 Alton Road, Miami
Beach, (the "MBeach3 Property", and together with the MBeachl Property, the "1111 Lincoln
Road Property").
WHEREAS, the Design Review Board of the City approved the renovation of the
existing office building located on the MBeachl Property and the construction of a new two
story mixed-use building on the MBeach3 Property and a new seven story mixed-use parking
structure on the MBeachl Property (collectively, the "1111 Lincoln Project"), pursuant to an
Order dated February 7,2006, under DRB File No. 19018 (the "DRB Order").
WHEREAS, The Board of Adjustment of the City approved the 1111 Lincoln Project
pursuant to an Order dated March 3, 2006, under File No. 3178 (the "BOA Order"); and
WHEREAS, a condition under each of the DRB Order and the BOA Order, the owner of
the 1111 Lincoln Road Property was required to enter into discussions with the City to explore
the possibility of closing the block of Lincoln Road between Lenox Avenue and Alton Road to
vehicular traffic and extending the Lincoln Road pedestrian mall west to Alton Road; and
WHEREAS, to that end, the City and UIA Management, LLC, a Delaware limited
liability company ("UIA"), an affiliate of MBeach1 and MBeach3, have entered into a
Development Agreement providing for UIA to design and construct a new pedestrian mall and
the closure of Lincoln Road, from Lenox Avenue to Alton Road, along with sidewalk and other
improvements along Alton Road, Lenox Avenue and Lincoln Lane (the "Lincoln Road Project");
said Development Agreement was approved on Second and Final Reading, on March 14, 2007,
pursuant to Resolution No. 2007-26494; and
WHEREAS, in order to facilitate the construction pursuant to the Development
Agreement, the City agreed to grant to MBeach1 and MBeach 3 certain easements and/or right-
of-way permits for the .construction and future maintenance of both the Lincoln Road Project and
1111 Lincoln Project, and
WHEREAS, as a component of the requested easements MBeach 1 and MBeach3
(hereinafter referred to as the "Applicants") are requesting the vacation of a portion of an alley;
and
WHEREAS, specifically, the Applicants have applied for the vacation of approximately
fourteen (14) square feet of a portion of an alley located adjacent to the MBeach3 Property (said
property legally described as Lot 20, Block 39), as depicted in the attached Exhibit "A"; and
WHEREAS, in exchange for the vacation of the portion of the aforestated alley, the
Applicants shall convey/dedicate approximately 180 square feet of their property (within the
property legally described as Lot 7, Block 39), to the City, for right-of-way purposes, as depicted
in the attached Exhibit "B"; and
WHEREAS, the City's Public Works Department has received and reviewed the
Applicants' application for request for vacation of the alley, as required by, and in accordance
with, the City's Requirements for Vacation of Alleys, Easements and City Rights-of-Way; and
WHEREAS, following review of the application, the Administration finds that an
extraordinary public benefit would be served by granting the vacation; which will allow the
development of construction of the 1111 Lincoln Road Project to move forward; which Project
would provide improved public pedestrian areas on Lincoln Road; and
WHEREAS, at its regular meeting on April 11, 2007, the Mayor and City Commission
approved Resolution No. 2007-26521, approving the subject vacation on First Reading, and
setting the Second and Final Reading, and public hearing (as required pursuant to Section 82-39
of the City Code), for May 16,2007; and
WHEREAS, the public hearing was held at the City Commission Meeting of May 16,
2007; accordingly, the Administration would hereby recommend that the Mayor and City
Commission approve Applicants' vacation request.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission, following Second and Final Reading of this Resolution, and a duly noticed
public hearing held on May 16, 2007, hereby approve and authorize the vacation of a portion of
an alley containing approximately 14 square feet and located adjacent to the property located at
1665 Alton Road (said property legally described as Lot 20, Block 39), in favor ofthe Applicants
and adjacent property owners, MBeach1 and MBeach3 (whose affiliate, UIA is the Developer of
the Lincoln Road Project); said vacation in exchange for the Applicants' conveyance/dedication,
for right-of-way purposes, of approximately 180 square feet of a portion of the property owned
by the Applicants (within the property legally described as Lot 7, Block 39); waiving, by 517ths
vote, the competitive bidding and appraisal requirements, as provided in Section 82-39 of the
City Code, finding such waiver to be in the best interest of the City; waiving, as requested by
Applicants, the vacation application fee, in the amount of $5,000.00; and h zing the Mayor
and City Clerk to execute any and all agreements and/or instruments, n c ry, to effectuate
the subject vacation.
PASSED and ADOPTED this 16tltlayof
May
ATTEST:
-~~
David Dermer
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution following a duly noticed Public Hearing to hear public comment regarding the vacation of
approximately 14 square feet of an alley, adjacent to the proposed 1111 Lincoln Road project, in favor
of MBeach1, LLLP and MBeach 3, LLC (the Applicants and Developer of 1111 Lincoln Road project);
in exchange for approximately 180 square feet of the developer's property to be dedicated for Right-
of-Wav purposes.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
Since November 2006, the Administration has been in discussions with the developer of the 1111 Lincoln
Road property. The discussions have resulted in the completion of a Development Agreement between
the City and the Developer for the construction of a pedestrian plaza with water features on Lincoln Road
from Lennox Avenue to Alton Road. As part of this Development Agreement, the Developer had
requested an Easement Agreement with multiple elements. One of the elements requires the vacation of
a portion of an alley which under City Code Section 82-36 through 82-40 must be approved by the City
Commission.
The Applicants have requested the City Commission to consider an application for vacating a portion of
the alley located on Alton Court in exchange for 180 square feet of a portion of the private parking lot
adjacent to north Lincoln Lane. The vacation of the approximately 14 square feet of the alley is required
to permit a second floor overhang over the existing public Right-of-Way. There will be no building or
structures in this proposed vacated area; it will be only used for the new bank drive-thru facilities. The
Public Works Department has received and reviewed the Developers/Applicant's request for vacation of
the alley and has determined that the Applicants meet the criteria pursuant to the City Code; which also
requires the Mayor and City Commission to hold a public hearing to hear public comment for the
aforestated request for vacation.
The Administration views the vacation exchange to be of extraordinary public benefit and therefore
recommends waiving by 5/th vote the competitive bidding and appraisal requirements and waiving the
vacation application fee in the amount of $5000.
The Administration recommends approval of resolution.
Advisory Board Recommendation:
I None
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
Si n-Ofts:
Department Director
FHB
T:\AGENDA\2007\apr11 07\Regular\1111 Lincoln Road Vacation SUMM.doc
Assistant City Manager
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MIAMIBEACH
AGENDA ITEM
DATE
#713
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and Members of th?City Co mission
Jorge M. Gonzalez, City Manager 6"
SECOND READING
May 16, 2007 PUBLIC HEARING
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING SECOND AND FINAL READING OF
THIS RESOLUTION AND AFTER A DULY NOTICED PUBLIC HEARING,
APPROVING THE VACATION OF A PORTION OF AN ALLEY, CONTAINING
APPROXIMATELY 14 SQUARE FEET AND LOCATED ADJACENT TO THE
PROPERTY LOCATED AT 1665 ALTON ROAD (SAID PROPERTY LEGALLY
DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE APPLICANTS AND
ADJACENT PROPERTY OWNERS, MBEACH1, LLLP AND MBEACH3, LLC
(WHOSE AFFILIATE, UIA MANAGEMENT, LLC, IS THE DEVELOPER UNDER
A DEVELOPMENT AGREEMENT WITH THE CITY OF MIAMI BEACH,
FLORIDA, WHICH WAS APPROVED PURSUANT TO RESOLUTION NO. 2007-
26494); SAID VACATION IN EXCHANGE FOR THE APPLICANTS'
CONVEYANCEIDEDICATION, FOR RIGHT OF WAY PURPOSES, OF
APPROXIMATELY 180 SQUARE FEET OF A PORTION OF THE PROPERTY
OWNED BY THE APPLICANTS (WITHIN THE PROPERTY LEGALLY
DESCRIBED AS LOT 7, BLOCK 39); WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS PROVIDED
IN SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY; WAIVING, AS REQUESTED BY
APPLICANTS, THE VACATION APPLICATION FEE, IN THE AMOUNT OF
$5000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ANY AND ALL AGREEMENTS AND/OR INSTRUMENTS, AS NECESSARY, TO
EFFECTUATE THE SUBJECT VACATION.
ADMINISTRATION RECOMMENDATION
Approve the Resolution following a second reading and a duly noticed Public Hearing.
ANAL YSIS
Since November 2006, the Administration has been in discussions with the developer of
the 1111 Lincoln Road property. The discussions have resulted in the completion of a
Development Agreement between the City and the Developer for the construction of a
pedestrian plaza with water features on Lincoln Road from Lennox Avenue to Alton Road.
As part of this Development Agreement, the Developer had requested an Easement
Agreement with multiple elements. One of the elements requires the vacation of a portion
of an alley which under City Code Section 82-36 through 82-40 must be approved by the
City Commission.
MSeach 1, LLLP and MSeach 3, LLC (as the Developer of the 1111 Lincoln Road Project
and the Applicants for the vacation) have applied for the vacation of approximately 14
square feet of a portion of an alley located adjacent to the 1111 Lincoln Road Project (said
property legally described as lot 20, block 39) as depicted in the attached Attachment "A". In
exchange for the vacation of the portion of the public Right-of Way the Applicants have
offered to convey/ dedicate approximately 180 square feet of his own property (within the
property legally described as lot 7, block 39) for Right-of Way purposes, as depicted in the
attached Attachment "S". The vacation of the approximately 14 square feet of the alley is
required to permit a second floor overhang over the existing public Right-of-Way. There will
be no building or structures in this proposed vacated area; it will be only used for the new
bank drive-thru facilities. Attachment "C" is a site plan showing the portion of the alley to be
vacated and the portion of the Applicant's property being dedicated for public purposes.
Attachment "D" is the Opinion of Title included as a supporting document for the application.
The Applicants have complied with the requirements as set forth in City Code Chapter 82
Article II Section 82-37 for Requesting the Vacation of a City Right-Of Way, which requires
that the Mayor and the City Commission set a duly noticed public hearing, to hear public
comment regarding the proposed alley vacation, and to accept a dedication of a portion of
the Applicants' property in exchange for a portion of the vacated alley.
As required by Section 82-38 of the City Code, a Planning Department Analysis has been
prepared with regards to the proposed alley vacation; said analysis is attached and
incorporated as Attachment "E". In addition, the Administration's review of the seven criteria
elements for vacating City property/granting revocable permit is provided below:
1. That the applicant's need is substantial. Satisfied.
2. That the applicant holds title to an abutting property. Satisfied.
3. That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws. Satisfied. The Developer's improvements
with the construction of the 1111 Lincoln Road Project which include a parking
garage, a new bank building and the redevelopment of the existing bank building will
be built in accordance of all the applicable City Codes, ordinances, regulations,
neighborhood plans and laws.
4. That the grant of such application will have no adverse effect on governmental/utility
easements and uses on the property. Satisfied.
5. Alternatively:
a) That an unnecessary hardship exists that deprives the applicant of a
reasonable use of the land, structure or building for which vacation is
sought, arising out of special circumstances and conditions that exist and
were not self-created and are peculiar to the land, structures or building
involved and are not generally applicable to other lands, structures or
buildings in the same zoning district and the grant of the application is the
minimum that will allow reasonable use of the land, structures or building.
Satisfied.
That the grant of the vacation will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping,
improved drainage, improved lighting, and improved security. Satisfied.
6. That granting the vacation requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures or buildings subject to
similar conditions. Satisfied.
7. That granting the vacation will not be injurious to the surrounding properties, the
neighborhood, or otherwise detrimental to the public welfare. Satisfied.
The proposed vacation of a portion of an alley containing approximately 14 square feet of
land and located adjacent to Lot 20, Block 39 in favor of MBeach3, LLC, in return for the
dedication to the City of Miami Beach by MBeach1, LLLP, Ltd., an affiliate of MBeach3, LLC
(MBeach3, LLC and MBeach1, LLLP, Ltd. are collectively, "Developer"), of approximately
180 square feet of land located adjacent to Lot 7, Block 39 for right-of-way purposes is in the
best interest of the public's general welfare for the following reasons:
1) As a result of the Vacation and the Dedication, the City is gaining 180 square feet of
land in return for 14 square feet of land being vacated in favor of Developer.
2) As a result of the project being developed by Developer at 1111 Lincoln Road (the
"Project"), Developer will be increasing the safety of both pedestrians and drivers.
3) The Dedication and the Vacation will enable Developer to create an access area for
fire trucks.
4) The Dedication and the Vacation will enable Developer and the City to improve the
flow of traffic along alleyways adjacent to the Project and throughout the Project
area.
5) . The Dedication will create an adequate turning radius for trucks and emergency
vehicles in an area where there is a very inadequate turning radius today.
6) The Vacation is occurring in a location where the alley adjacent to the Project is
being closed to vehicular traffic and therefore the portion of the right-of-way being
vacated is no longer necessary for the City because it was a radius return and there
will no longer be vehicles turning in that area.
7) As part of the Project, Developer is constructing a parking garage at the corner of
Alton Road and Lincoln Road that will provide approximately 260 additional parking
spaces in one of Miami Beach's busiest locations.
8) The Project is of extraordinary public benefit.
In addition, the Administration recommends waiving by 5/7ths vote, the competitive bidding
and appraisal requirements, as provided in Section 82-39 of the City Code, finding such
waiver to be in the best interest of the City; waiving, as requested by Applicants, the
vacation application fee, in the amount of $5000.00; and authorizing the Mayor and City
Clerk to execute any and all agreements and/or instruments, as necessary, to effectuate
the subject vacation.
Attachments:
"A" Legal Description and Survey Sketch of Proposed Vacation
liB" Legal Description and Survey Sketch of Property to Be Dedicated for Public Purpose
"C" Site Plan
liD" Opinion of Title
liE" Planning Analysis
T:\AGENDA\2007\may1607\Regular\1111 Lincoln Road Vacation MEMO.doc
EXHIBIT" A"
LEGAL DESCRIPTION OF PARCEL TO BE VACATED
EXHIBIT "B"
LEGAL DESCRIPTION OF PARCEL TO BE DEDICATED
City Commission Memorandum 1111 Lincoln Road Vacation
May 16, 2007
A" Legal Description and Survey Sketch of Proposed Vacation
COUSINS SURVEYORS & ASSOCIATES, IN.c. (PROJECT NUI.lBER : 5085-04 )
~. 3921 .SW 47TH AVENUE, SUITE lOll CLIENT
DAVIE, FLORIDA 33314 EA L LP
. CERTIFICATE.,OF AUTHORIZATION,: LB # 6448' MB CHI, L
PHONE (9541 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION Of THE ALLEY LYING ADJACENT TO LOT 20, BLOCK 39,
"CO~IolERCIAL SUBDIVISION, FIRST ADDITION", ACCORDING TO THE PLAT
THE~EOf, AS RECORDED IN PLAT BOOK 6. AT PAGE 30 Of' THE PUBUC
RECORDS Of MIMlI/DADE: COUNTY, fLORIDA,' BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
CO~IolENCE AT THE NORTHEAST CORNER OF SAID LOT. 20;
THENCE SOUTH 0lr48'26. EAST ALONG THE EAST UNE OF SAID LOT 20,-A
DISTANCE Of 12.01 fEET TO THE POINT OF BEGINNING;
THENCE CONnNUE: SOUTH 00'48'26" EAST ON THE SOOTHERLY EXTENSION or
SAID LOT 20. A DIST~CE Of 7.99 fEET:
THENCE SOUTH 89"08'55. WEST. ALONG THE EASTERLY EXTENSION OF SAID
LOT 20, A DISTANCE Of 7.99 FEET TO A POINT ON A TANGENT CURVE;
CONCAVE TO THE NORTHWEST: .
THENCE NORTHEASTERLY ALONG THE ARC Of SAID CURVE, HAVING A RADIUS
Of 8.00 fm, A CENTRAL ANGLE Of 89'57'21" AHO AN ARC DISTANCE Of
12.56 fEET TO THE POINT Of BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY Of ~IAMI BEACH,
I,UAt.lI/DADE COUNTY, fLORIDA; CONTAINING 14 SQUARE. fEET, MORE OR LlSS.
tmES;
1. NOT VAUO WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAl Of A FLORIDA
UCEIlSED SURVEYOR AND WAPPER. .
2. lANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-Of' -WAY,
'. EASDlENTS, OWNERSHIP, OR OTHER INSTRUMENTS' Of .RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE 'A FlELD SURVEY AS SUCH.
4.
. 5.
THE UNO DESCRIPTION SHOWN HEREON WAS' PREPARED BY THE SURVEYOR.
. .
BEARlNDS SHOWH HEREON AIlE ASSUlotEO. THE SOUTH UNE OF LOT 20, BLOCK 39
"COlotIlERClAl SUBDIVISION, fiRST ADOmON", P.B. 6, PG. 3D, M/D.C.R. '
SAID UNE BEARS 58B'OS'SS.W.
I HEREBY CERTIFY THAT THE ATTACHED .UNO OESCRlPnOM AND SKETCH"
IS TRUE AND CORRECT TO tH[ BEST OF IIY KHOWLEOOE AND BCUEF
AS PREPARED UNDER lIY D1REm IN IIARCH, 2007. I FURTHER CERTIfY THAT THIS
"I.AIIO DESCRlI'TIOH AND SKETCH WEErS THE t.lINIIIUII TECHNICAL STANDARDS
fOR SUIMYIHG.IN THE STATE or fLORlDA ACCORDINO TO CHAPTER 81017 or
THE fWRlOA ADlIINISTRAnvt CODE. PURSUANT TO SEenON 472.027, nORIOA
STATUTES. SUBJECT TO THE QUAUflCAT10HS NOTED HEREON.
. FOR THE rIRII, BY: --------------_____________________
RICHARD E. COUSINS
. PROf'[SSIONAL SURVEYOR ANO WAPPER
. noRIDA REQt~TRA nON NO.' 41 BlI
. c.
REVISIONS
INal ~ .. SKEJat
DATE FB PG OWN CKD
03/01/07 AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
PROPERlY ADDRESS :
1111 UNCOLN ROAD
( SCALE: . N/A . )
( SH~ET 1 OF 2 )
COUSINS' SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER: 5085-04 J
~ 3921 SW 41TH AVENUE, SUITE 1011 [CLIENT ]
. OA VIE, FLORIDA 3.3314 :
CERTlFlCATE.,Of AUTHORIZATION, LB # ."" NBEACH1, lUP
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
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POI. POINT or 1a:IHHINO
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LOT 20, BLOCK 39
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SOUTH LINE - LOT 19
NORTH LINE - LOT. 20
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REVISIONS
lAID IlDCllIPIlOH It :sKETCH
DATE . FB PG OWN CKO
OJ/DI/07 AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF .
MIAMI BEACH
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PROPERTY ADDRESS :
lIlt UNCOIJII ROAD
(SCALE: 1"= 10' )
( SHEET 2 OF 2 )
City Commission Memorandum 1111 Lincoln Road Vacation
May 16, 2007
"B" Legal Description and Survey Sketch of Property to Be Dedicated for
Public Purpose
COUSINS SURVEYORS & ASSOCIATES, INC.
~ 3921 SW 47TH AVENUE. SUITE 1011
DAVIE, FLORIDA 33314 .
CERTlFICFE.,OF AUTHORIZATION: LB , 6448
. . PHONE 19S4J 680-9885 FAX (954) 680-0213
(PROJECT NUMBER 5085-04)
CLIENT :
MBEACH1, LlLP
LAND DESCRIPTION AND .SKETCH
WD DESCRIPTION :
A PORTION or LOT 7, BLOCK 39, "PALM VIEW SUBDIVISION", ACCORDING TO
. THE PlAT THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 29 Of THE
pueuc RECORDS OF WIAWI/DADE CoUNTY, FLORIDA. BEING WORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER Of' ~A'D LOT 7;
THEHCE SOUTH 00'-48'28" EAST ALONG THE WEST LINE OF SAID LOT 7, A
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST:
THENCE SOUTHEASTERLY ALONG 'THE ARC OF SAID CURVE, HAVING .A RADIUS
OF 8.00 FEET. A CENTRAL ANG.l.E or 90'02'39" AND AN ARC DISTANCE OF
12.57 FEET:
THENCE NORTH 89'08'55" EAST ALONG THE SOUTH LINE OF SAID lOT 7, A .
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST: .
THENCE NORTHWESTERLY ALONG THE ARC OF' SAID CURVE, HAVING A 'RADIUS
OF 30.00 FEET. A CENTRAL ANGlE OF 90'02'39" AND AN ARC DISTANCE OF
47.15 fEET TO THE POINT OF BEGINNING. .
. SAlD LAND SITUATE, LYING AND BEING IN THE CITY OF WIAMI BEACH,
M'ANI/DADE COUNTY. FLORIDA; 'CONTAlNING 180 SQUARE FEET, MORE OR
LESS.
tIQln
1 . NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAl or A FLORIDA
UCtNSED SURVEYOR AND .IIAPPER.
2. UNDS SHO\Wll HEREON. WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS. OWNERSHIP, OR OTHER INSTRUIIDlTS Of' RECORD..'
3. DATA SHOWN HERtON DOES NOT CONSTIME A FIELD SURVEY AS SUCH.
4. . THE L>>lD DESCRIPTION SHDWN HEREON WAS PREPARED BY THE SURVEYOR.
5. WRINGS SHOWN HEREON ARE ASSUIlED. THE SOUTH LINE OF LDT 7, BLOCK 39
"PAUl VIEW SUBDIVISION", P.B. 8, PC. 29, IA/D.C.R. SAID UNt BEARS N89'08'55"E.
I HERtBY CERTIfY THAT THE ATTACHED "WD DESCRIPTION AND SKETCH"
IS TRUE AND CORRtCT TO JHE BEST OF 11'( klfOWLEDGt AND BELIEf'
e.. PIlEPAREO ~NDER NY DIRECT\9N IN IIARCH, 2007. I fURTHER CERTIfY THAT THIS
LAND DESCRII!TION AND SKETCH IIms THE IIINIIIUIl TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 81G17 OF
THE flORIDA ADIlINISTRATlVE CODE. PURSUANT TO StCTlON 472.027, n.ORIOA
STATUTES. SUBJECT TO .THE QUALlFlCATlDNS HOTEO HEREON.
. C>
FOR THE FIRII, BY: -----------...:._______________________
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND lIAPPER
. FLORIOAREGISTRAnON NO. 41M
. REVISIONS DAn: FB/PG OWN CKD IT PROf'[R'JY ADDRESS : J
INlD lIISClIlI'nOH a _ 03/01/07 ---- AV REC l.ANODESCRIPTION 1111 LINCOLN ROAD
ole SKETCH ( SCALE: )
FOR PARCEL TO N/A
CITY OF
MIAMI BEACH ( SHEET 1 OF2 )
I
I
I-
I
COUSINS SURVEYORS & ASSOCIATES, INC.
~ 3921 SW 47TH AVENUE, SUITE 1011
DAVIE. FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB * 6448
PHONE (954) 660-9885 FAX (954) 680-0213
(PROJECT NUMBER : 5085-04 )
CLIENT :
M8EACH I, lLLP
LAND DESCRIPTION AND SKETCH
$
LEGEND:
CKO . CHECkED I'"
OWN DRAWIl ~
ra/po F1EUl lOOK AHD PAGE
POI POINT or IEGIHHING
POC /'OINT or COICNEHCEN[NT
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W/D.C.R. IoIWII/IIAIll: eoUI/T'( RECORDs
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REVISIONS
UIUI IIESCIIPl1alC It SKm:If
DATE Fa.pc OWN eKD
DJ/04/rn AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL TO
CITY OF
.MIAMI BEACH
PROI'OtTY ADORnS :
1111 UNCOL.N ROAD
[SCALE: 1.= 10' J.
( SHEET 2 OF 2 J
City Commission Memorandum 1111 Lincoln Road Vacation
May 16, 2007
"e" Site Plan
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City Commission Memorandum 1111 Lincoln Road Vacation
May 16, 2007
"0" Opinion of Title
FATle 524
~~:~If ~l~~iii,~t~~il!~l~~f!~J[~1l&~~~jl~l1i~
~. PolicyNo.FA-35- 951247 I:P~~~W
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Pli'ft1l1 I~(~ll. O~.1'7 m~. I'r' .J',' E' INT~I~ TB'''' Ii~ 'l{!' T fil2'
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ISSUED Bi"
. First American" TitJe' Insfl.(ance Cf?mpanjf
SUBJECT TO THE EXCLUSIONS .FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, FiRST AMERICAN nTlEINSURANCE CO~PANY. a California corporation, -herein cal!ed the CO~ny, .
insures, as of Dale of Policy shown In Schedule A. against loss or damage, not exce~ding the Amount of InsuranCe stated In Schedule A,
sustained or Incufred by the Insured by reason of:' .
1. nUe to the estat~ or Inlerest described In Schedule A being vested other tlian ~ ~tated therein;
2. Any defect In or lien or encumbrance on the litle;
3..' Un'marketablllty of lhelllle;
4.... . LaCk of a right of acCess to an~ from,the land.
The Com~y will also pay the costs. attorneys' fees.ood e~penses incurred In defense of the IilJe, as Insured. .but only 10 the extent pr~vlded
in the CondlUons and Stipulations.
Fir.st American Title Insuranqe Company'
.BY 4 . ot' PRESIDENT
AmsT 1;1UL L~SECRLTARY
CTP 10199)
ALTA Owner'. Policy (10-17-92) (WIth Rorlda ModlfJcatlons)
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First American Title Insurance Company
OWNER'S POLICY
SCHEDULE A
Agent's File No. 76134-22013
Date of Policy: March: 25, 2005 at 10:07:51 a.m.
, Policy No. FA-35-951247
Amount of Insurance: $42,000,000.00
1. Name of Insured: MBeachl,!:LLP, a Delaware limited liability limited pa.rtD:ership,
authorized to transact business in Florida as MBeach1, LLLP, Ltd.
:.
2. ' The estate or interest in the land which is covered by this policy is: Fee Simple '
, .
3. Title to the estate or interest in the land is vested in:
MBeachl"LLLP, a Delaware liIi:rited liability limited partnership, authori~ed to transact business
in Florida as MBeachl, LLLP, Ltd.
4. The land referred tO,in this Policy is described as follows:
, Parcell:
L~ts 1;.2, 3, 4, 5 and 6, :Block 39, COMMERCIAL SUBDMSION, according to the piat thereof,
as recorded in Plat Book 6, at Page 5, of the Publi~ Records of Miami-Dade County, Florida.
and
Parcel, 2:
Lots 7 and 8,.Block 39"PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded
in ~lat Book 6, at Page 29, of the Public Records ofMlami-Dade County, Florida.
and
Parcel 3:
Lots 19 and 20, ~lock 39, COM:MERCIAL'SUBDMSION, FIRST ADDITION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 30, of the Public Records of Miami-Dade
County, ,Florida. .
Bilzin S'!lIl1berg Baena Price & Axelrod UP
200 South Biscayne Boulev'. te 15'00
, Miami, Flori a I -
By:
MIAM188478S.17613422013
'. '
'First American Title Insurance Compa~y
SCHEDULE B
EXCEPTIONS FROM COVERAGE
""
Agent's File No. 76134-22013
Policy No'. F A~35-951247
!
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This policy does no't insure ag~t loss or daniage (and the Company will not pay costs,. attorneys' fees or
. ~penses) which arise by reason of: '
L . , Taxes and assessments for the year 2005 and subs~ueni years, ~hich are not yet du~ and payable.
2. Easement granted to' Florida Power & Light Company, recorded July 16, 1970, in Official Records Book
'6917, at Page 298. ' ,
3.
T~. provisions and conditions of that certain unrecorded lease between George Goldbloom and
Emanuel Edelstein, doing business as MG., Investment,' a Partnership.' as Lessor, and Flagship First
National Bank of Miami Beach, a national bankirig association, as Lessee, as referred to in Notice of Lease
, Agreement filed November 15. 1977. in Official R~rds Book 9859; at ~ag~ 1787. '
. . . 1
4. ,Order of the Board of Adjustment of the City of Miami BeaCh"Florid~ recorded June 12, 1991, in.Official
Records Book 15062, at Page 2803. '
'5.. TenDs, proVisions and conditions of that certain unrecorded Lease bet?ieen Uccello, Immobilien GmbH, ,a
corporation organized and existing under the laws of the Federal Republic of Germany. as Landlord, and
MTV Networks Latili Ameri~a, Inc. fIkIa MTV ~o, Inc., a De1awarecoIporation, as Tenan~ as :referred
to in Noti,ce of Lease Prohibition of Construction Liens recorded June ,23, 1995. in ,Official Records Book
, 16826, 'at Page 1861, together with Exlu'bit "B'" to Second Amendment to Lease, ~orded December ~3, ,
, 1996; 41 Official RecordS Book 17459, at Page 3690. '
6. bider of the' Board 6fAdj~ent of the City of Miami Beach, Florida, recorded ~ovember 13. 1995~ in
Officiai Records Book 16987, at Page 3902.
7. Tenn.s, provisions ,and conditions of that certain UIU"ecorded Lease.between Uccello Immobilien ,GmbH, a '
coIporation organized and existing under the laws of the Federal Republic of Gcnnany, as Landlord, and
lEA AC?quisition, COIp., a Florida corporation, as Tenant, !lS referred'to in Notice of Lease Prohibition of
Construction Liens, recorded February 14. 2000, in Official Records Book 18984, at Page 125.
8. ~ghts of tenants in possession under unrecorded leases.
. "
9.
Special Assessments levie4 by the, City of Miami Beach under account numbers CLOOl13, CLOOl16, ,
CLO0184 and CL00185, all being paid in amlual installffients with the next installmentS for each due May
1.2005.
10. Declaration of ReStrictive Covenants in Lieu of Unity of Title recorded March 25, 2005, in OffiCi~al
Records Book 23203, at Page 4868 (as to Parcels I and 2 only)., ' ,
MIAMI 8847~S.1 76]342.2013, .
11., 'Mortgage, Assignment of Rents, Security Agreement and Fixture Filing made by MBeachl, LILP, a
Delaware limited liability limited partnership, authorized to transact business in Florida as MBeachl,
LLLP, Ltd., in favor of KeyBank National Association, dated as of March 23, 2005, and recorded March
25~ 2005, in Official Records Book 23203, at Page 4875, securing notes in the principal amount of
$38,500,000.00; together with: .
(a) 'Assignment of Leases an4 Rents recorde4. March 25, 2005, in Official Records Book ,
23203, at Page 4900; and
. (b) State of Florida Uniform Commercial Code'F:inancing Statement recorded March 25, 2005, '
in Official Records'Book 23203, at Page 4911. " .
InformationalNote: Notice to Li~ Claimants recorded February 7, 2001, in Official'Records Book 19487,
'a~page ~805. "
Note: All of the recording inioriIiation contained herein refers to the Public Records of Miami-Dade
County, Florida.
END OF SCHEDULE B
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MIAM1884785.17613422013
EXCLUSIONS FROM COVERAGE
fhc f~llowing mailers are expn:ssly excluded from the coverage of this policy and the Company' will nOl pay loss or damage, COSIS, anomeys' fees or expenses which arise by
"Casono~: " ' , :,
I. (a) Any law, ordinance or governmental regulation (including but not limiled to building and zoning laws, ordinances, or regulations) restriCling. regulating, prohibitin.. or
relating to (i) the occupancy, use. or enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or heruf1er eRCIed on the land; (hi) a
separalion in ownenhip or a change in the dimensions or area of the land or any parcel of which the land is or was a pan; or (iv) environmental protection, or the ef{eel of '
any violation of Ihese laws, ordinances or governmentll f1:gulalions, except to the extenlthal I notice of the enfon::emenl therEOf or I notice of a defeel.lien or encumbrance
resulting from I violllion or IlIeged violadon affeCling tbe land has been recorded in the public recolds It Date of Policy. " , ,
(b) ,Any governmental police power not excluded by (8) above, except 10 Ihe extent thai I notice of the exercise therEOf or I notice of 8 ddeel, lien or encumbrance rc5ulling
from a violation or alleged violation affecting the lan~ ha~ been recorded in the pub!ic records at Date of Policy.
2. Rights ohminenl domain unlcss notice of the exen::isc thereof has--bec:n recorded in the publj~reoonls II Dlle of Policy, but not excluding from covCJ1lge any taking which has
oc:curmI prior to Date of Policy which would be binding on Ihe rights of I purchaser for value without knowledge. , :
3. Defects,liens, encumbrances, advClSC claims or other matlen:
(a) created, suffemd, 8SllliII'cd or aped to by the insUJed c1aimanl;' , '
'(b) not known to the Company, not f1:corded in the public rccortb al Dale of Policy, but known to the insured claimant and 'not cI7scIoscd in writing to lbe Company by the
, insured claimanl prior to the dale the insured claimant became an inlurcd uncler this policy; .
~C) resulting in no loss or dam.ge to the insured claimant; .
d) .ltlIChlng or crealed subRquentto Date of Policy; or , '
c) rcaulting in loss or damage which would nol have been suslained if the insured claimant had paid v.lue for the esl.te or intCrc5\ ill3UJ'Cd by this policy.
4. ADY claim, which ariscs out of the trallSlClion vesting in Ih~ insured the estale or interest insured by this policy, by RllSOn of the opc:ntion of federal banlauptcy, slate
Insolveocy, onimilar crcdilon' rights laws, th.t Is bucd on: , '
(a) tbe lransadion creating the estate or InteRst inaured by this 'policy being deemed a fraudulent conveyance OT fraudulent transfer; or ,
(b) the lransadiollaealins the c:sIate or i11lere&t insured by this policy being deemed a preferential transfCT c:xcepl where the prcfef1:ntialmnsfcr results from the failure: '
(!) to ti~ rcconf the instrument of transfer; or " '
(il) of such recordation to Impart nolicc to a purcbaliCl' for value or a judgment or lien creditor. " '
L DEFINITION OF TERMS.
The,followi!]f. lerms wben uied In tbis P.OIlcy mean:
Ca) "1IISUmI: the insured named in Schedule A. and
.u&~ to UI)' nghll or defenacs tbe Company would
haVe bad asalnst the named insured, those who succeed
to the'jnlClisl of the named insured by o~Iion of law
u diallDgulshed from P.urchase incluiling, 'bul nOl
UmJrcd' 'to, heirs, diJtTlbutees, devisecs, surVivalS,
~a1 repreaenlllivtl, next of kin, or colpOrate or
fiduciarY IllCCaSCll'S. .
(b) ~lrisured claimant": an insured c1.iming'loss or
dam.ge: '
(e). "kllOWlcdl'" or "known": actual knowledge, not
cotIstnICtlve bilwlcdJ:e 01", noCice which may be
i!lll!lited 10 an insured !iy reason of the public recoids u
defilled in Ihis policy' Or Iny other recorcl.t whicIJ impart ,
c:on&liuctiva notiCe Of malltlS affeClina 1he larid.
~and": the IaJlll described or referred 10 in
e (A). and im,pJOYCTllents Iffbcd thereto which
by I..... toitslftulC rear pIOperty. The lenD "land" doe.s
not 'inclucla a~ property beyond tbe IiIlCl of the area
desc:tlbed or refeircd to in ScIledule A\ nor any right,'
t~ 'intCiaI, estate or _Dt in IOUlting alreCls,
""~ 'avenues, alleys, la!JCS. Wl1.' or wate:IWlYI, but
nothina' herein shall m~ ar limit the exlcnt to which
a rl,ll{ 'of access \Q. and from the '1100 is imu~ by this
poJi~.." ,
(tY:"mortp'&e."; mOltgaJC, deed of trust, trust deed,
or 00.. secunay InstnImenl
Cf,)": 'Public records": records established under Slale
lIII1~I....t Date. of Policy for tbe purpose of impaning
consbuC:tive nollce of matters relallngto real'pro~J'lo
purcbiers for value and without XnowledSc. Wilh
respect '10 Sedian 1(.)("1V) of the EllclUllOnt From
0MtRae. "publlc Jecoids" shall abo Include
ellYlsonmentaT pro!eClion liCJII filc:c1 in the f1:cords Of the,
'c:lcdiof lbe Unllccl Slates dislricl coun for the district in
whli::b 1be land is located. ' ,
(s)'''unmarbllbiJily at the 1111e": an IlIeged or
ammn .mltter affectil)l the, title ,10 the laiid, nol
eicCJCIded . (If excxplcd tRIm coVCTage, wbich would
entltle:a purchaser of Ihe estate or interest described in
Sd*'D1e A 10 be releucd from the obligltion to
DUJCItaao. by vinuc of a conlractual conditIon requiring
h dtJlvetY of marlcctable tide.
2.CONTINUATION OF INSURANCEAn'ER
CONVEYANCE OF'I1TLE.
Tbc: ~JC of tbiJ polig .1uI11 oontinue In force a. of
Dale of PofIJ:Y in favor of an hwurld only 10 long as the
1~....reIIins all atl,le"pT interest in the land, or holds
a~ lnucutedness securecl'by a purchase money mongage
IlvelJ by a ~1lIC1 from tbe insured, or oilly so long
.. the insured sball have liability by reason of covelllnlS
of wmuly made by tbe illSUreiI in any IIansfer or
CPlIYeyl_ of the estate or intCTCS\. This poli~ shall
nol COJ\tinue in force in favor of allY p1ircltaier frOm the
inSUled ~ either (i) an estate: or inleTlSt in the land, or
(bl ID' "1IJl!ebtedncss.secured by a pun:hase money
mort>>.-&c....&!vcn to the IIIsured.
3.NOTI(;J!; OFOAIM TO BE GIVEN BY
INSURED ClAlMANT.
The 'fnsured shall notify, Ihe Compan'y' promptly in
WJi~(j) m case Of any 11tiJali0ll U sct fortn in Section
~I) lii:rciw, (in In cue kriowledae .shall 'come to an
lri'aiD!ed benunder of any claim of t1tle,or interest which
is adverse to the tille to lhe cslate or inlerest, IS insured,
CONDITIONS AND STIPUlATIONS
All' Inforinlllon dealgnalld IS conftdClltiaJ by the
insured daimanl proviaed 10 the Company pursuant to
this Section shall not be disclOled 10 otheri' unlcu, In
lhe reuonable judgment of the Comjlllny, ills neOCl58ry
In the adminlatntion of the c:Jlim. rail\lT1l oft1ic lnaurcd
claimant to .ubmit for examin.tioa under oiith, produce
Dlher reasonably f1:qllCllld Information or pDt
penniasloD to secure reaSOllllbly neCe.llry information
from third panics n Jl!lIulrecl In Ibi. paragrapb shall
lermin.te Iny lIablllly of ihe ComplDy undet this policy
as to that claim. '
6. OPTIONS TO PAY, OR OTHERWISE SEITLE
ClAIMS' 'l"ERMINA110N OF LlABJUI'Y.
In case o/a claim under \hi. poI~, tbe Company
shall hIVe the foJlowin! Idditioi1al options: '
CI) To Payor Ten eT paymenl of lhe Amounl of
l~su"'llfTO PlY or' lender payment of lhe alllOWlt of
insurance undu thiI policy togethCT with any CDSts,
Ittomeya' fees and expeJIICI i/lCllned !1Y the illlured
claimant, whicl. were lulhorized by the COmpany up to
the time of payment or lender of paymenl and w!i(cIi the
c:ompa~ is abllgated 10 pa,/: '
. (il U~ the exercise ~ the <:Ompany of this
~tion, a I liability and obJigations 10 the iauRd unclcr
tlUs pol~, other than to make tlac payment ~ulred,
shall tCTmlnate, including any liability or oblliaatioa to
defend, ~Ie, 'or continue any llliaation, and the
poliC)' shall be swnndered to the Company for
canalJlltlon. ' '
Ih~)~YrJ~do~(~~i1J. ~!;:~d~\~ies ~her
. 0 10 payor otherw set e wit ot partie. for
or in t Illme of an illlUl'CCl claimllll 'aa)' c1.lm In.ured
Igailllt under this policy, together wilh any COIls]
l(tomeya' fees, and ex~ Incurred by the Insurea
c1a1JD1J1l wbicb wen: authorized I11thc COmpany up to
the. dme of plyment Ind whiCh the COmpany is
obbl!ted to pay; or '
, (Ii) ,to pal OT otbcrwise sellle with tbe insured
c1aillllnt the loss or dlmlge provided for under tbis
polley, lo.etm with an>: costa, allomeys' flCl, Ind
expensa Incume! !1Y the insured claimant which weze '
authorized by the COmp.ny,up to the lime of paymeDt
and which the Company II Obl!1ated to pal'
Upon the exc:rcise I)} thl Compan)' 0 eilher of lhe
OpliOlll P!Ovided for In paraSf8pns (b)(j) 0' (ii), the
Company's oblisations 10 lhe InsUred uooer thiS policy ,
for lIic claimed loss or damage, olher than the: Jl!Iymelits
n:quired 10 be mlde, shall termillltc, inc:luiling any
liabDjt)' or obligation to defend, prosecule or oontinue
any IltI.&a~~"- ~
7.DETERMINAnONJ.~ OF UABnJTY'
AND COlNSURANus.
This policy is I oontraCl of IndemnilY agalnsl actual
monctary loss or ,damaje SU$laincd or mcuned by tbe
Insured claimant who IJu suffered lll5$ or t1amaae by ,
reaSOD of matters insured a&lillll by this 'policy Illd oaly ,
to the eltenl hef1:ln'desc:ribicl.
(..) l'hc lIabDity, of the Company under.thiJ policy
shaUnOl exc:ud tlii: least of: . ,
(i) the Amount of Insurance stated in Schedule A;
or,
','
If loss should result from any act of tbe ~DSured
claimant, II staled above, that act shaD n,ol vOid lhis
policy, bul thI ComplUlY, iD that even!, shall be recp1lred
to pay only that ,pan of any Iosaes Insured 1..llIIt by
this policy wllicb altall exceOd the amouDt, If all7, Joat 10
the Company by rellOA of the impairment by the
inswed c:raimant of the Com~ny'a right of ~atJon:
(b) The Coulpany's Rlptl A,alnst Nort-IllSUml
~~ rilhl <If subroglJlOJl IplnJI non.
inswed obllaora &half elill and aIia1l include, without,'
IlmJlltlon, tbe rfabts of llIe lnaurcd 10 flIdr.mnillcs,
plrantlea, other policies of Insunncc or bonds,
IIOlWlthstandlna ,any terms aT conditlolll contilned In
thole 1na~/lJCJJIa which' provJde for subro..lion rlsJIls
by n:IIOn of this -.JIDllcy.
14. ARBrJ'RAnON.
V.... proItibil." h7 ",~ lawI ar6i1radoll
punllGlIIlD a.. f'itI. J~ ArbitraIUnI 'RaJa of
Ill. M-ncu, ArlHtnaIion ,....---..11.... '_" Ie
d_nJaI if.-I 10 i.JI "'" ,.. Co"'l'!ll'1'" 111.
Juruwl.. Arltibwl1k...,. _] ~ Jill _ "", ,
limiUd 10, ."" ~ fJf' .dab. "'-" 1M
c-P'I!'7lU11ltM LIUUIW 1IisiII, l11li of or m.tiII, tQ
IAU Poli9. ail HT1Iia oJ tiN eo....1 b; __dioll
willi 1# ___",IM bl'adt #lJ. pOIJq ~-or
otMr oWi..... .AniItraIiM p--.J 10 dU Iiq
uti "Nhi 1M Rllh6 ill .6<<1011 lb. __ dw Ill:-,
for .r6i1rrz&a illIIIUI. or, aI tJw apIiMa 0/* 1"'"
1M Ruin ill ~ ., Dau oJ PoUt:] WlI ". bhuIin,
IlJlOfl tJa. ~ 7M awanI ~ UacIwU.IJIIDm~'
f.. fIIIJ" if tM ...... oJ 111. #IIU III wlJdl IN l4uul U
~ ,.mrlI II COlIn 10 .wan allwrtq6' J... ID II
pnwJ/in,~. Judt-trJ IIptIIIlM 11""/ ,."und
~ 1M ~A~~ .., 6. e"""'" in tIII]'-.n
1iavl",j~ tMnoJ. .
The Jaw at the altus of the laacl shall apply 10 an
aibllntiOll under the Title IllIIIraDCC AJbillation Rules.
, A copy of the Rules may be obtained from tbe
Comjllay upon request.
15. LIABJUI'Y LIMITED TO THIS POUCY;
POUCY ENTIRE CONTRAcr~
(a) ThIa poUc:y together with all endorsements, If
any, 11IIcMd IierelO by the Oompa8f Is lhe ciJlire policy
and contract between 'the insun:d alJd lhe Company. In
Intcrpmllta any prvvlsion of this policy, lhll policy
.hall be c:onauucd u a whole. .
(b) An., claim of loss or damaic, whdher or not
based on'lIOglipDcc, aDd which arises out of the slllUl
of lite title to tlac estate or intm:st covc:rcd hezeby or by
an,l. action usatlng such dlim, shall be rc:striClcd to
tM !XIIicy. ""
(c) No amendment of or endoniCIJICI\J 10 this
policy can be made except by a writill8 UdOlled hcreoa
or allached 'hereto ai&nr.d by either the Plesidcnt, a Vice
President, the Secritary. an AssIstlnt Scaetary, or
yalidalina offiQlJ" or aulhorizecl signaler)' of the:
Company.. '
.'
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and whlch might cause 105$ or damalie for which the
Coinjla1lY mafbe liable by vinue of tn;s P9lic);', or (iii)
" If lille 10 Ihe eslate or inlerest, as insured! is rCJccled as
unmarketable. If prompt notice shall nOI De given 10 the
Company, Iben as 10 Ihe insured all liabilily of the
Company shill lerminlle wilh regard 10 Ihe mltter or
mlllen for which prompt notice IS required; provided,
however! Ihal Cailure 10 nOlify Ihe Company shill in no
ClIK prejudice the rights of any insured under Ihis policy
unlca IJJc Com~ny shall be jlrejudicccl by Ihe failure
and then onl~ 10 the extenl oC !!i~reiudice.
4. DEFENSE AND PROSECUllON OF AcnON~
DtTI'Y OF INSURED CIAIMANT Tv
COOPERATE.
(a) Upon wrilten resUesl by the insured Ind subject 10
1M Oplsons conlained in Section 6 of these: Condilions
aud, SllppJllions, lhe Company, al lIS o,!,n alSl and
without unreasonable delay, shall proVIde for Ihe
defense of In insured in lillgalion in which Iny Ihird
party aaSens a claim advCJle 10 the IiUe or inlerest IS
lnaui'ed, :but only as 10 those slaled causes of actiOn
aDegipg a defect, lien or encumbrance or otber maller
'lbsimripinst bY Ihis policy. The Company shall have
lhe rill!t 10 selecl COlIiiacI Of ilS choia (subject 10 the
ripl Of the jnsllRd to objecl for reasonable cause) 10
~nt'the il1Alred II 10 Ih05C slaled ClIlICII ofacCion
. aDd '1haJ) not be liable for and will nol pay lhe fees of
.ny ocher counsel. The Company will nol pay an)' fees,
'COlli or ~penses'inc:urred bj tbe insured in the cfefense
of those' c;ausea of action which aUege mailers not
IDIlII'I*t'aplnst by lhia P.?I!CY. . ,
, (b),:r&i'Compauy shall hive I~ nahl. II ill o,wn cas!,
10 iJiadtUle and p1OlClQl1e a!JY leuon 01 procccdlll& Dr to
. do ~'OIbCl' ael which in ItI opinion may be J1~
or de&iQlble to esublllh lbe Iltle to the esllle or inlerest,
u insureCI. or 10 prevenl or reduCe 10lIl G~ damage 10 the
insured. The Comjll!lY may lab any app~Ie action
UDder \he Icnna ollhia JlC?bcy, wllellier or not illhall be
, Ii.ble 'Jiereunder, .nd sHin nol lhereby concede liability
or waive .an)' praviaion of lhil j!Olicy. U IIIe Company
ahlll'lIllen:ise .11 rip'" under IlId pralfllph, il Jball do
10 dIJlanU)'. .
_(e) Whenever IJJc Complny Ihall have brouaht an
ICliOn,or-int!'J'CllCCl I ,defense'.. required or, pcrmilkd
by 'lhe:.~iuoDl of Ihil ~lIey" IIIe Company may'
puDisea/IY IitlBllion to final dalarminatlon by a coun Of
col/!P8IOJlI juriidiction and C1IP1'C11!ly /'CICIJVCI the right,'
In . ill, '<<Ile disaelion, \0 appeal fIom any .dvelSe,
jud~C1/1 or on:ler. ' ,
ID all cues where thla policy Jll.!nnill or ~uilCl ,
dill, ompany 10 ~Ie or pIOVlili for the defense of
a!'Yidion or proCeeding, the I/Il1Ured ahall secure to .Ihe
COlllpl!'Y \he rishlto 10 plOllOCUte or provide.defense in
, lhe.lCtion or plOCCedJoi,' and' all .p~a1. lhaein, Ind
1ICI1I1f1'lhe Coinpany 10 UK, at ill oplion, .he name of
Ihc 1Daured for 1IIi1 pu~ Whenever requCS1ed by the
Q:Jmpuy.l the insu~ altbe Com~ Cll~ imJJ
~~:'Company all TCUOD8ble .ie1 {f in any aclion ar
p.ocleedlna. ICcUrlng evidence, obli niilg ,wllnesses,
Jl!9lCC:ulillJ or defeooing lhe ac:tion or PJOc:eedi!lL or
iffectil!l lICttlement, lna (Ii) in Iny OIber lawful act
wbidlia tbe opinion of lbe ComJlllay may,bc n~
. , or dealrlble 10 atabUIb lhe tille 10 -tile allte or inlerest
II insumL If lbe ComP.8ny is preludiczd by the failure
of tI!e' iDsured 10 furnish llIe ~u.red ~ralIOll, the
~~nt.! oblisalions 10 the iniuJed undCr the polic,y
shiJl:terinlnale, mcluding any liabilily or obligahon 10
cIc:fen!I. '~Ie, Dr cOllhnue an, liliplion, wllh
repnt !O the mailer or maileD requirillJ such
~n1tJO/I. '
5. ROOF OF LOss OK DAMAGL
In'lliiclltlon 10 and aftCl lhe nodccs'lequlred under
Sec:t~I1',3 of tbele Conditions and Slipulalions have ,
b.ooa,~ed the. Company, . proof of loa or damlge
~:,a!ld awom 10 I1Y IIiC inslllCd e1limant ahall ijc
fvOtialied 10 lhe Co.ny within 90 days Ifler Ihe
IDltaed claimant shall ucenain 'Ihe fac:15 lIVin, rise 10
" IJJo 'Iou~or da!/U..Je. The ~f of loss or lIam.,e lhall
cIIIc:rIbI'tbe deCecc in, or lien or encwnbran<:c on the
t1~ Or ilCher malter IIIIInd against by Ihis p'oll!=)' wbich
CClIIiIill/l8lthe buia of Iou,or d.mge .nd iIIallstale, to
tho'atcnt'~ibJe, Ibe basis of calculaling lhe amount
ollbe'llIII or d.m.,e. If tbe Companr is preJudic&d b)'
tile 'failute of \he insured c1.imln 10 provide Ihe
ICQUlred ,proof of Iou or damagc, lhe Company's
obUllliolll 10 Ihe ilUllred under \he PDlIe)' shall
. 'temilnale, including any liabilily or obligllion to
dcfead, FOSCCUle, or conlinue any Jiligluon, wilh
np'!lto tbe miller or matleD requrrina- such proof of
1- or damage.. ' .
Jq'oadcIilJoii, the insured claimant mlY reasonably be
required to submit to, examinalion uncler oalh by Iny
aulhorized represenlalive of lbe Company and Ihall
~'CIIl 'for examination, i!lsPection and oopy,ing, II
Sucb '_nable limes and plllCCl U may be designaled
by 8II.Y autboriz:ed IeJl1CSCl!lalive of IhC Company, all
nc:oms, boob, ledaerl, c:hedra, conapondence and
memoranda, whelber bearilll I date before or Ifter Dale
of,: I'llllc:y; which reasonalily pl!lUIin to the loss or
damase.. Ful1hcr if requested by ;any luthorized
re~t.tive of i11e CoIJIPIOl'l the insUrecl cllimanl
sIialI granl.i15 ~ssion, in wnling, fo~ any. authorized
rcprcs4;nlaliVe of lhe Company to examme, Inspect and
ClIJIy.<<1I -r<<ords, booJcs, IC4lSClS, chedcs, coJreSp"ondence
liii!. .memoranda. in the custody or control 01 I third
pany,whlch reasonlbly pertain to Ihe loss Dr dlmlge.
. (ii) Ihe difference bel ween the value of Ihe insuled
esl.le or inlcn:sl as insured .lId lhe value of.lhe insured
esl.le or inlereal subject to Ihe defcct, lien or
encumbrance insured againsl by Ihis policy.
(b) (This pgragraph draling with Comsurancr W(I$
nmoy,dlrom FlcrUla policilSJ
(e) The Company will PlY only those COSIS,
11Iomeyl' fees and expenses incurred in Iccordance wilh
Section 4 of lhese CorKIilions and Stipulllions.
8. APPORTIONMENT.
If lhe land desc:ribed in Scbedule A alnsials pf Iwo or
more parcell whic:h an: nol used 15 a sirigle sile, Ind I
loss -is established affecting one or more of lhe pucels
bul nOI all, the loss shall be almpuled Ind sellled on a
pro rala haJJs IS if lhe aOlOUlI1 of insurance urKIer Ihis
policy was divided pro rala IS 10 Ihe value on Dale of
, Polic;>' of each separate parcel 10 lhe whole, Cllclusive of
'any Improvements made Sub5eqUCDt 10 Dale of Policy,
unless a Iilbility or value flu otherwise been aped
upon as 10 each pucel by the Comp.ny and lhe iNured
lIthe lime of the issuance ci Ihis policy and lSbown by
an express stllemenl Dr by an endonemilnt allached 10
tbis policy. '
9. UMlTA110N OF I.JABIUrY.
(a) U \he Company eSllblilbu IIIe litle, or removes
lhe alleged defCCl, lien or encumbrance, or a1res Ihe
laclt.of l'Ti&hr of access \0 01 fIom lhe land, or cures lhe
claim of unmarlcetabillty of title, III u insured, in a
reasonably diligent mlnner by any melhod, including
liligation Ind the. complellon of Iny appeals therefrom,
il ahaJlbave fully petfonned Us obllgalions wilh respect
10, lhal matler aixl shall nol be liable for any Joss or
damagi: caused thereby. '
(b) In Ibe eVllnl of any Iitigalion, Including litigalion
by. Ihe Company or wilb lbe Company'a co/IKn!, lhe
Company shill have no liability for loss or damage unlil
lhere 1115 been a final detenninllioa by . ooun of
competent jurisdiction, and disposition, 0{ all Ippeals
thereJiom, lid_ .Io,1hc titl. as inswclI.
(e) ,The Complny .hln Dol be Iiabl. for losI or
damaje to any illSUJed for liabllily volunlarily Illumed
by, the i!'8urcd In Killing .ny claim 01 luil' without Ihe
pnor wnUen conaenl of IIIe Company.
10. REDVcnON OF INSURANCEj REDUCI'lON
OR TERMlNATION OF lJABILlTY.
All paymenla under lhil polley, Cllcept plymenlS
made for COllI, allome)'.' fCl. and apenaea, Ihall
reduce tbe amount of lhe I115UJ'1DCe pro l.nIO. '
1L LJABIUrY NONCtIMIllATIVE.
. 1l II ClCp1USIy. understood tllat the ImOllni of
iniUJ'/lnoe under this policy sball be reduced by uy
amouat the ComJlHlY ma)' pay under .ny policy
illlllrillg a InoJIgap 10 which exceplion is liken in
Schedule. B 'or 10 wbich Ibe insunld has aan:cd.
assumed, or taken lubj~ or which Is hereafter
exec:uted by lO,inaured Ind whlc:h is a chllBe or lien on
lhe eslate or inlerest described or reCemd 10 in Schedule
A. and I.be l'!'9"nllO ('lid sull be deemed I pay~n' ,
under Ihis pclbcy 10 lhe IDlured owner. '
12. PAYMENT OF LOss. '
(a) No payment lhall be made wilhoul produeing .
Ibis, policy for 'endDlSCl/lenl of lhe payment unleu Ibe
policy hu been lost or dalroyed, in which case yroofof
loa or destruction shall be fumished 10 the sallafaction
of lhe Company. ,
(b) When liability Indthe extent of loss or dlmage
has been definilely fixed in Iccordance with tbeae
Conditions and Slipulalions, IIIC loss or damale .hln be
payable within 30 dlya Iherelfler.
13. SUBROGATION UPON PAYMENT OR
SETTL'EMENT.
ell TIle clImolny's R i,hl of Subroll.lion
W'hencverthe Company shall have 1C1Iled and paid a
claim under lIIis policy, all riJhl of subrogalion sball
veil In Ibe Complny, unaffected by any .CI of Ihe
insured elaim.nL
The Company shall be subrogaled 10 and be enlitled
10 all righll Ind Iemedies which Ihe insured c1aimanl
would have hid againll any flCnoll or propaty in
rcspec:Ilo lhe claim had this policy nOI been iisued. If
reques.ecl by Ihe Company, the illaureel c1aimlnt 111111
lralllfer 10 the Company III rigllll and remedies Igains!
anx person or propert)' necessary in older 10 penect Ihis
right of .ubroga\ion. ,The WIlTed c1.imanllhall pennil
lhe Company 1,0 sue, almpomise or sellle in lhe DIme
of 1hc insuree! c1aimanl and 10 use the name of Ihe
insured c1aimanl in any IransactlDn or liligalion
involving lhese righlS or remedies.
)f a paymenl on aCClOtl/ll of a c1lim docs nol fully
cover the loss of Ihe insured claimant, the Company
sball be Subro,lled 10 these righlS and remedies in the
proportion whIch lhe Company's pa)'menl bealS ,10 Ibe
whole Imounl of Ihe 10Sl.
16. SEVERABnJTY.
'In lhe evenl any provision of the polley is held
invalid or IIIICnforoelble' under applicable Jaw, the
policy sban be deemed nollO include lhal provision aDd
all olherprovisions shall remain in full fol'Clll Ind c::ffect.
17. NOTICES, WBERESENT., '
All notiClCllequired to be given the ComplJI)' and
any alatemenl in wriling required 10 be furnIShed the
Compan)' abalr include the number .,f Ihil policy IJId
shall be addrcasedlo the ComPIJI)', AItcnUoO: Calms
Deplrtment, 1 F'JT&I American Way. Sanla . Ana,
Californi.927OO. ",~"" : ' ,
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City Commission Memorandum 1111 Lincoln Road Vacation
May 16,2007
"E" Planning Analysis
m MIAMI BEACH
'"='"
PlANNING DEPARTMENT
MEMORANDUM
TO:
Fred Beckmann, Public Works Director
Jorge Gomez, Plenning Directorrb--
April 4, 2007
FROM:
DATE:
SUBJECT: Analysis of Proposed Alley Vacation - 111 Lincoln Road
Fred:
-.
Pursuant to your request, this memorandum will serve as an analysis of the proposed vacation
of portion of alley on Alton Court in exchange for a larger portion of land adjacent to N. Lincoln
Lane to be dedicated by for City ROW purposes.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the .public are fully appraised of all conditions relating to the proposed sale or lease. The
fol/owing is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Consistent . The property being vacated by the City is within the CD-2 Commercial
Medium Intensity future land use category, and the property being given back to the City
is within the CD-3 Commercial High Intensity future land use category. The vacation and
exchange is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The Impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space. Increased traffic. noise level or
enhanced property values. improved development patterns and provision of
necessary services. Based on the proposed use of the property. the city shall
determine the potential Impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
Infrastructure improvements. Should It become apparent that further evaluation of
traffic impact Is needed, the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer. -
Consistent - No negative impact is anticipated by the proposal, as the result will be an
improvement in traffic circulation in the alleyway. There would be no diminution of open
space as no new construction is ~eing proposed. No additional utility or infrastructure is
expected to be necessary.
. <
3. A determination as to whether or not the proposed use is in keeping wIth a public
purpose and community needs. such as expanding the city's revenue base,
creating jobs. creating a significant revenue stream. and Improving the
community's overall quality, of life.
Analysis of Proposed Alley Vacation - 111 Uncoln Road
March 30, 2007
Page 2 of 2
Consistent - This proposal does not expand the revenue stream to the City; however,
the proposed 1111 Lincoln Road project associated with the vacation does have the
potential to create additional jobs.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental Intrusions,
and evaluation of the design and aesthetic considerations of the project.
Consistent - The"surrounding neighborhood will not be negatively affected.
5. The Impact on adjacent properties, whether or not there Is adequate parking,
street and Infrastructure needs.
Consistent - The impact on adjacent properties should be minimal. No further
infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project
could be accomplished under a private ownership assembly.
Not applicable - These properties are adjacent to alleyways and do not involve other
properties. .
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and the
return to the city for Its disposition of property.
The 1111 Lincoln Road project may create additional jobs; a small number of new
apartment units are being created. The return to the city is a larger, more valuable piece
of land which may be used to improve traffic circulation within the alleyways and parking
lots.
8. Such other Issues as the Planning Department may deem appropriate In analysis
of the proposed disposition.
Not applicable - The Plannin'g Department has no other issues it deems appropriate to
analyze for this proposal.
JGGlRGL
F:I$ALL\GEN_CORR\INTEROFA1111 Lincoln Rd. Alley Vacation.doc
, ~,
We ore committed to providing excellent public selVice and safety to 0/1 who live, worK, and play in aur vibrant, tropical, historic community,
&
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MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
:I
NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, m
Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, May 16, 2007 at 10:35 A.M., to consider A Resolution Following A Second Reading Of This Resolution, l-
Approving The Vacation Of A Portion Of An Alley, Containing Approximately 14 Square Feet And Located Adjacent To The 2-
Properly Located At 1665 Alton Road (Said Properly Legally Described As Lot 20, Block 39), In Favor Of The Applicants And if
Adjacent Properly Owners, MBEACH1, LLLP And MBEACH3, LLC (Whose Affiliate, UfA Management, LLC, Is The Developer i
Under A Deve/opment Agreement With The City Of Miami Beach, Rorida, Which Was Approved Pursuant To Resolution No. 8
2007-26494); Said Vacation In Exchange For The Applicants' ConveyanceIDedication, For Right Of Way Purposes, Of 3
Approximately 180 Square Feet Of A Portion Of The Properly Owned By The Applicants (Within The Properly Legally Described ~
As Lot 7, Block 39); Waiving, By 517ths Vote, The Competitive Bidding And Appraisal Requirements, As Provided /n Section ~
82-39 OfThe City Code, Rnding Such Waiver To Be /n The Best Interest Of The City; Waiving,As Requested By Applicants, The ;.
Vacation Application Fee, /n The Amount Of $5,000,00; Authorizing The Mayor And City Clerk To Execute Any And All '"
Agreements And/Or Instruments, As Necessary, To Effectuate The Subject Vacation.
~
INQUIRIES may be directed to the Public Works Department at (305) 673-7080, ~
s:
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing . i
addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Rorida If'"
33139, This meeting may be opened and continued and, under such circumstances additional legal notice would not be ~
provided, . ! _
Robert E. Parcher
City Clerk
City of Miami Beach
Pursuant to Section 286,0105, FIa. Slat, the City hereby advises the pUblic that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeijng or its hearing, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based, This notice does not constitute consent by the City for the introduction or
admission of othelWise inadmissible or irrelevant evidence, nor does n authorize challenges or appeals not othelWise allowed by law,
.