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Home My Public Portal About2011-24 Approving an abandonment and vacation of the Ocean Drive Right-of-Way1111111 11111 11111 11111 iuu mil 11111 1111 1111 CFN 2011R0876627 OR Bk 27946 F'ss 3403 - 3408; (6 ) RECORDED 12/30/2011 11:48:54 HARVEY RUVIH, CLERK OF COURT MIAMI--DADE COUNTY? FLORIDA RESOLUTION NO. 2011-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING AN ABANDONMENT AND VACATION OF 57.5 FEET OF THE OCEAN DRIVE RIGHT-OF-WAY; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Consultatio Key Biscayne LLC (the "Applicant") is the owner of approximately 10.11 acres of real property located at 350 Ocean Drive, Key Biscayne, Florida (the "Property"); and WHEREAS, for several decades the Property was used as a hotel and was a place of public accommodation, which required an ongoing need for a substantial public right-of-way; and WHEREAS, the Applicant desires to change the use of the Property, which would alleviate the need for the existing width of the Ocean Drive right-of-way (the "Right -of -Way"); and WHEREAS, the Applicant has filed a Planning and Zoning Application seeking to abandon and vacate 57.5 feet of the Right -of -Way; and WHEREAS, after proper public notice, the Village Council has conducted a public hearing and considered all testimony and other evidence presented and otherwise made part of the record; and WHEREAS, the Village Council has determined that there is no longer a public need for the existing width of the Right -of -Way, and that reducing the Right -of -Way to 57.5 feet is in the public's interest as this will enhance pedestrian safety as well as traffic circulation. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. The recitals set forth above are hereby adopted and confirmed. Section 2. Approval of a Partial Abandonment & Vacation of the Right -of -Way. The Village Council hereby abandons and vacates 57.5 feet of the Right -of -Way, as legally described on Exhibit "A." To the extent that any portion of the abandoned and vacated Right -of -Way is owned in fee simple title by the Village, the Village shall transfer its interest to the adjacent fee simple title property owner. Section 3. Conditions. The approvals granted by this Resolution are subject to compliance with the following condition, to which the Applicant stipulated and agreed to at the public hearing: 1, The Property is developed in accordance with the site plan prepared by Arquitectonica International Corporation, entitled "Proposed Site Plan," dated July 15, 2011, and consisting of 37 pages. Section 4. Recording. This Resolution shall be recorded, prior to the issuance of a building permit, by the Applicant at its expense in the public records of Miami -Dade County. A copy of the proof of recordation shall be submitted to the Building, Zoning and Planning Department prior to the issuance of any building permits. Section 5. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 22nd day of August, 2011. 2 CONCHITA H. ALVAREZ, MMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: i t_ __‘*1 --s-----,•._ VILLAGE A'ITORNY �l VILLAGE ATTO N Y J 3 EXHIBIT "A" OCEAN DRIVE R.O.W. TO BE VA CA TED SKETCH TO ACCOMPANY LEGAL DESCRIPTION TRACT 6, MATHESON ESTATE P.B. 46, PG. 86, D.C.R. P.B. 50, PG 87 N89°29'27"E EAST DRIVE (SONESTA BEACH DRIVE) POINT OF CUSP SOUTH R.O.W. LINE R=25.00' =80°19'47" A=35.05' LEGEND P.O.B. PCC A ARC LENGTH A CENTRAL ANGLE D C R MIAMI-DADE COUNTY RECORDS LB LICENSED BUSINESS 0 R 8. OFFICIAL RECORDS BOON P B PLAT BOOK P C POINT OF CURVATURE P C C POINT OF COMPOUND CURVATURE PG PAGE P 0 B POINT OF BEGINNING R RADIUS R 0 W RIGHT-OF-WAY NOTES: X -4 0 m U7 -4 m 1. BEARINGS hereon are based on a bearing of N89°29'27"E along the South Right -of -Way Line of East Drive, as determined from State Plane Coordinates (Florida East zone, 1927 Datum) and a Boundary Survey of the abutting Sonesta Beach Hotel & Tennis Club property, by Leiter, Perez & Associates, Inc., using G.P S. methods. 2. AREA of the subject right-of-way to be vacated, shown hereon by hatching, is 14,510 Square Feet or 0.333 Acre, more or less. 3. This is not a Boundary Survey of any parcel of land. 1 87' RADIAL: S83°53'07"W NOTE: THIS IS NOT A LAND SURVEY. FOR LEGAL DESCRIPTION. SEE SHEET 2 OF 2. P C. i R=25 00' A-80°30'00" A=35.12' PC C. PER P.B. 50, PG• 87 0 cQ w /, 1l 57,8/ / 1 1i/ i; 1/",/,/.// ///,' .r 57.717// ' S89°29'27"W - SOUTH ROW LINE O n rn D Z 0 rn i %, NORTH SCALE: 1"=30' 57 5' TUG R.O.W- Q! D I -1 rn 1 mon ' 00 rn rn q I a �rn • VC:1 1 'I— I Z Im TRACT 6, MATHESON ESTATE P.B. 46, PG. 86, D.C.R. LEITER. PEREZ & ASSOCIATES. INC. 07 LAND DEVELOPMENT CONSULTANTS CIVIL ENGINEERS - LAND SURVEYORS LAND PLANNERS - ENVIRONMENTAL 160 N W 176TH ST SUITE 403, MIAMI FLORIDA 33169 MIAMI-DADE (305) 652-5133 BROWARD (954)524 2202 FAX (305) 652-0411 E Mad of5cegederperez com .VEBSITE www lederparez com LICENSED BUSINESS No 6787 DATE. 07-12 —1 I t JOB NO R E v s 0 N 17-11 575' ROW FILE 1 1-137Vocoted dwg 11-137 1 FILE L-1819(1 SHEET 1 OF 2 EXHIBIT "A" OCEAN DRIVE RIGHT-OF-WAY TO BE VA CA TED LEGAL DESCRIPTION: A parcel of land being a portion of the existing right-of-way of Ocean Drive, Tying in Section 32, Township 54 South, Range 42 East. Village of Key Biscayne, Miami -Dade County, Flonda, said portion being more particularly described as follows: BEGINNING at the intersection of the South Right -of -Way Line of East Drive and the platted Westerly Right -of -Way Line o1 Ocean Drive, as is shown on the Plat of HOLIDAY COLONY, recorded in Plat Book 50, Page 87 of the Public Records of Miami -Dade County, Florida; thence with a bearing of N.89'29'2rE., along the Easterly extension of said South Right -of -Way Line of East Drive. a distance o1 22.05 feet to the Point of Curvature of a circular curve to the nght; thence Southeasterly along the arc of said curve, having a radius of 25.40 feet and a central angle of 80'30'00' for an arc length of 35.12 feet to a Point of Compound Curvature; thence Southeasterly along the arc of a circular curve to the right, having a radius of 3317.79 feet and a central angle of 3'59'30' for an arc length of 231.14 feet to the South Right -of -Way Line of said Ocean Drive, the preceding arc lying 57.5 feet Easterly of and concentric with the existing Westerly Right -of -Way line of Ocean Drive; thence S.89'29'27"W., along said South Right -of -Way Line of Ocean Drive, for 57.77 feet to a point on a circular curve, the radius point of which bean S.83'53'07"W. from the Iaat described point; thence Northwesterly along the arc of said curve to the left, also being along the existing Westerly Right -of -Way Line of Ocean Drive, having a radius of 3260.29 feet and a central angle of 4.03'53' for an arc length of 231.29 feet to a Point of Compound Curvature of a circular curve to the left thence Northwesterly along the arc of said curve, having a radius of 25.00 feet and a central angle of 80'19'47" for an arc length of 35.05 feel to a Point of Cusp lying on the South Right -of -Way Line of East Drive; thence N.89'29'27'E. along said South Right -of -Way Line of East Drive for 36.28 feet to the POINT OF BEGINNING. 7415 'WPM & LEG& CESCa,rxv+' US Par3'AREp tICCR W SIAMSat LEITER. PEREZ &ASSOCIATES, INC. '.ftw.► ►407 15 NOT A LANp SWiYET. 1?"' a. - to . owuus�lw� iirKR l ogoi ion SKETCH All NOTES. SEE SKEET 1 OP Z. rat u-I37vcccecd.4 LEITER PEREZ & ASSOCIATES. INC LAND DEVELOPMENT CONSULTANTS CIVIL ENGINEERS • LAND SURVEYORS \ LAND PLANNERS - ENVIRONMENTAL moNvt 110TH ST SUITS 407. 4+4w1 •LITAIOA 33160 ►e000O0Ct 170016!7 0137 044044M0 103410N•7707 fyl ,7 031 6 37 4111 t 1111 nenOr.mmr.4 Arum .w.+rlwrt..1 I ,CI.a300 att004334m bn/ REV 1510Ir Or -17-,I o7s' Row Nor wuD er oovr r►K SIr.0NTURc ANC NC ()WA Rusro Sc*L Of A 1101110.4 LICENSED Sv11V0cR MO MAPPER 0,Arf 07-12-I,I .08 k0 11-i37I rtt L -?0141,1 ':rEtt 2 :r' 2 OR Bk 27946 P6 340_08 LAST PAGE VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Franklin H. Caplan, Mayor Michael E. Kelly, Vice Mayor Michael W Davey Enrique Garcia Robert Gusman Mayra P. Lindsay James S. Taintor Village Clerk Conchita H. Alvarez, /WIC I, Myriam Restrepo, hereby certify that Resolution 2011-24 was filed in the official records of the Village of Key Biscayne on September 7, 2011. am Restrepo ssistant to the illage Clerk Village of Key Biscayne 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 !MISSION STATEMENT "TO PROVIDE A SAFE, QLALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RFSPONSIBLE GOVERNMENT" www.keybiscayne.fl.gov