A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CITY DEED ATTACHED TO THIS RESOLUTION AS EXHIBIT "1"; SAID DEED TRANSFERRING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) A TRACT OF LAND DESIGNATED AS "J.H. SNOWDEN", LYING NORTH OF AND ADJOINING LOT 1, BLOCK 40, OF THE "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5 AT PAGES 7 AND 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE DEED (PARCEL 157), CONTAINING 0.344 ACRES (14,993 SQUARE FEET) MORE OR LESS, KNOWN AS COLLINS AVENUE/44th STREET, WITH THE CITY RETAINING A PERPETUAL, NON-EXCLUSIVE UNDERGROUND UTILITY EASEMENT.

In 1997, the previous owner of the Fontainebleau Hilton Resort and Towers, Hotelerama Associates Ltd. ("Hotelerama"), proposed to renovate and expand the Fontainebleau, located at 4441 Collins Avenue, which required a portion of Collins Avenue/SR A1A ("Old 44th Street") to be relocated southward on property owned by Hotelerama ("Parcel 157").

On December 1, 1999, the Mayor and City Commission adopted Resolution No. 99-23402; said Resolution approving the vacation of the Old 44" Street between Collins Avenue and Indian Creek Drive, to Hotelerama in exchange for Hotelerama's agreement to convey or dedicate to the City certain property controlled by Hotelerama for the relocation and construction of a "New 44" Street"; said relocation and construction to be undertaken and completed by Hotelerama at no cost to the City; and further granting the City easements for landscaping ("Landscaping Easement") over the surface of other property controlled by Hotelerama; and further authorizing the Mayor and City Clerk to execute a vacation agreement, memorializing the terms and conditions of the transaction.

The City and Hotelerama entered into a Vacation Agreement on December 1, 1999.  Pursuant to the Vacation Agreement, the City agreed to vacate the Old 44th Street, and in exchange, Hotelerama agreed to convey Parcel 157 to the City or, alternatively if directed by the City, to the Florida Department of Transportation ("FDOT"), for the relocation and construction of the New 44th Street upon Parcel 157.

Pursuant to the Vacation Agreement, the City also received from Hotelerama a Landscaping Easement over separate property controlled by Hotelerama, entered into as of November 16, 2001 and recorded on November 19, 2001 in Official Records Book 20025, at Page 4701 of the Public Records of Miami-Dade County, Florida. 

As evidenced from a letter provided from counsel for FDOT, a copy of which is attached to the City Commission Memorandum accompanying this Resolution as Exhibit "1", FDOT is asserting that the signed letter was sent to the City, requesting that the City accept title to Parcel 157 in the name of the City, with the understanding that FDOT would subsequently accept a deed for Parcel 157 from the City; however, such transfer never occurred.

The City currently holds fee simple title to Parcel 157 pursuant to that certain Special Warranty Deed, dated as of November 16, 2001, and recorded on November 19, 2001 in Official Records Book 20025, at Page 4698, of the Public Records of Miami-Dade County, Florida. 

As evidenced from that certain FDOT Resolution, dated January 19, 2024, attached to the City Commission Memorandum accompanying this Resolution as Exhibit "2", in accordance with Section 337.29(1), Florida Statutes, FDOT has previously designated the current alignment of 44th Street (Parcel 157) as part of the State Highway System.

Pursuant to Section 337.29(2), Florida Statutes, the City would now be issuing a deed to FDOT to formally document the transfer that has already occurred by operation of law under Section 337.29(1), Florida Statutes.