QD-24-8 09/5/1980
.,
- ,
. ,., \)
v\,
x
" .
mI i0898 ~ 372
1980 OCT I 0 PM 4':' 29
80R270660
Qp-~~
QUIT-CLAH1 DEED
THIS QUIT-CLAIM DEED, executed this 5
day of 3.12 f't _
.1980, by AMERICAN EQUITY DEVELOPERS, INC., a Florida corporation t
first party to the CITY OF MIAMI BEACH, whose post office address
is 1700 Convention Center Drive, Miami Beach, Florida, a second
party (wherever used herein the terms "first party" and "second
party" shall include singular and plural, heirst legal
representatives, and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requi res) .
, .
WITNESSETH, that the said first party, for and in consideration
of the sum of $10.00, in hand paid by the said second party,' the
receipt whereof is hereby acknowledged, does hereby remise,
release and quit-claim unto the said second party forevert all
the right, title, interest, claim and demand which the said first
party has in and to the real property described in Ex~ibit "A"
attached hereto and incorporated herein by reference ("Property")
which Property is lying and being in the County of Dade, State
of Florida, subject to the reservations and restrictions contained
herein.
The Grantor reserves and excepts from the Property described
ln Exhibit "A" that portion of said Property containing the
bulkhead or seawall adjacent and contiguous to Lake Pancoast
("Reserved Property"). In those areas of the Property adjacent
and contiguous to Lake Pancoast not presently bulkheaded or
containing a seawall, Grantor reserves and excepts from the
.
Property a~one foot strip thereof directly adjacent and contiguous
to Lake Pancoast (as measured perpendicular to or radial to the
westerly boundary of such property) and said property shall be
considered as part of the Reserved Property noted above. This
>
u. .....
L,';::
-.o.::J
00
(J
0>
:: ~T~IffARc;.~ F~~f~QA!
Q,.EPT. OF RE....ENUE /'.;';.~~~0\.' I ,f', t 114 A I
cr, _ _ /'..'4"'t"lf""'..J:,.~" ,
= - t~(Lf~~\;\\ I
: ~ !~~'?= aCTIO'SG \~:~)~ 0 O. 4 0 I ,
-==----::--~~~..: ~~ f f 0 \)
,/'f \:) I
/r
EXHIBIT
"C"
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
2~~ r0898 ;~ 373
reservation shall be in favor of the Grantort its successors and
asslgns and any partiest as well as their heirs, successors and
assigns who purchase a condominium unit which might be constructed
on any portion of the real property described in Exhibit liB"
attached hereto and incorporated herein by reference. The Grantor
further reserves to itself and all of the aforementioned parties
a perpetual non-exclusive reservation of all of the riparian and
littoral rights appurtenant to the Reserved Property. For purposes
hereof and to further describe the Reserved Property above-noted,
reference is hereby made to that certain sketch of survey prepared
by Biscayne Engineering Co. under Order No. 5E019 and dated June
16, 1980, by Registered Surveyor No. 3371, a copy of which is on
, ,
file in the Public Records of the City of Miami Beacht Florida.
Grantor recognizes and agrees that at some time in the
future Grantee may require the ,use of a reasonable portion of
said bulkhead or seawall or other portions of the Reserved Property
for public marine related purposes.
Grantor agrees to accommodate
such a request by Grantee to the fullest extent reaso~ably possible
without unreasonable interference with rights of others to said
seawall existing at the time of said request. The parties will
mutually agree upon a suitable location for said facilities for
City use.
By acceptance of this Quit-Claim,Deed the Grantee herewith
agrees, on behalf of itself, its successors and assignst to
refrain from erecting any fences or walls on the Property conveyed
hereunder and Grantee further agrees not to construct or implace
any structure or buildings on said property that would obstruct
free and crear access of Grantor, its successors, assigns and
condominiUm unit purchasers. Grantor recognizes and agrees
that Grantee may construct and install structures that are
condusive to the zoning classification of the property (MD-l)
\
such as benches, bicycle rests, sidewalks or access to water
taxi stops on other City owned properties, but said installations
or structures shall not unreasonably restrict Grantors access to
and through the property~
- 2 -
)C
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
, OFT IDS' 98 ?'"
, f{EC, , i'G
374
The Grantor herewith reserves a perpetual easement for
itself, its successors and assigns and all Farties who acquire
a condominium unit located on any portion of property described
on Exhibit liB" over and across any portion of the Property in
OrdEr to have access to the Reserved PropertYt which easement
shall perpetually run with the land, and shall grant the parties
bEnefitted by the easement the right of ingress and egress to
the Reserved Property and shall further grant said parties the
right to maintain and install additional bulkhead or seawall,
lighting fixturest and permitted signs on said Property.
Grantor, on behalf of itself, its successors and assigns,
does hereby agree to maintain the existing seawall or bulkhead
presently on the subject propertY',at its own costs and eXFense
in substantially its present condition.
In the event, however,
Grantee utilizes any portion thereof for marine or other related
purposes, the Grantee shall be responsible for seawall or
bulkhead maintenance of the part thereof.
~
~
TO HAVE AND TO HOLD the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, titlet interest, lient equity and
claim whatsoever of the said first party, either in law or
equity, to the only proper use, benefit and behoof of the said
second farty forever.
IN WITNESS WHEREOF, the said first party has signed and
sealed these presents the day and year first above written.
Signed, sealed and delivered
in the Presence of:
AMERICAN EQUITY DEVELOPERS, INC.
BERNARDO
\A~;? L
-~~.
,
By:
- 3 -
x
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
R~[ I 0898 ;~ 375
COUNTY OF DADE
)
)
)
SS
STATE OF FLORIDA
I HEREBY CERTIFY that on this date, before me, an officer
,duly authorized in the State of Florida and in the County
aforesaid to take acknowledgements, personally appeared
BERNARDO BATIEVSKY, as President of AMERICAN EQUITY DEVELOPERS,
INC., a Florida corporation, to me known to be the person
described in and who executed the foregoing instrument and
he acknowledged before that he executed the same on behalf
of said corporation.
WITNESS my hand and official
last aforesaid this ~ftc:day of
County and, S(t.ate
,'1'<<1' "9 8 0
~.' , ..,..'1, ",. .
.\'\\" .:"~',tI"!;~/l
...\.~~:,"J;l_.a"J' -'J;,
:":,:"..:~' r:<-~J';1::~fi.:";Af.!.j ~'"
: i '..; ,~:, .\.. :{ v '.:''''.< '.
~. (\6)1;:6 J.l'~ij~}
PUBL~" >'r 'I,,"" ;<~i' ~ <.'( '-:: /,
~,. . ~ ,"\ ;.' ;;",.' ',:"-'. 'f_ ". . ...
. Oo'~'t.~~#..........". t;)' ,'" '"
'" ,''''' rT'~:'\ '1:/'" .' .
': I,;;~ !-- -.:> ,,-.. ,,\,"':, -';
".': 't""u,."
.;,,-. ..
..
My Commission Expires:
t'..... !",~, ',! ..,. ~ ,,_ ~ I ,. . \
, _ _' : \, \ r L.'\~~GL
I~\I I.._.J",J\',,_-,, ..~ ~ L,.,. _..J ..... ~ ,/ .
BOND' D""U C- ,-", ,- , ' .
I _ Ii.;, ~ _,I..,J.,Ll,\__.,..
.'
"
- 4 -
x
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
~~~~ I 0898 r~ 376
CQi:} ~ v-,g
EXHIBIT "A"
OUTLOT "1"
'. '
The outlots on the western side of Collins
Avenue lying between the north and south
boundaries of Lots 1, 2, 3, 4 and 5 in
Block 5 of the ~lliNDED PLAT OF THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY according to the plat
thereof recorded in Plat Book 5 at Pages
7 and 8, of the Public Records of Dade
County, Florida
OUTLOT "2"
TOGETHER WITH the outlots which are opposite,
but not including, the premises more specifically
described as:
"Lots 1 ~nd 12; and the South 25 feet
of Lots 2 and 11. (meaning thereby, that
portion of Lots 2' and 11 which is bounded
on the South by the,South line of said
Lots 2 and 11 and is bounded on the North
by a line which is parallel to and is 25
feet North of the said South line of said
Lots 2 and 11, which Northerly boundary
line is extended from the East line of
said Lot 2 (Collins Avenue) to the West
line of said Lot 11 (Indian Creek Dr~ve);
All in Block 7 of the OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMP ROVEMENT COMPANY, a
subdivision of Dade County, Florida,
according to the plat thereof, recorded in
Plat Book 5, at Pages 7 and 8, of the
Public Records of Dade County, Florida;
,.~
Said outlots being on the west side of
Indian Creek Drive, which said outlots
are bounded on the north by a line which
is 25 feet north of the north lines of
said Lots 1 and 12, and which is parallel
to the said north line of sai'd Lots 1 and
12, and which is extended westwardly to
Lake Pancoast; and the said outlets are
bounded on the east by the west line of
Indian Creek Drive, and they are bounded
on the south by a line which is the
continuance of the south line of said
Lot 1 extended in a stra~ght line
westwardly to Lake Pancoast, and they
are bounded on the west by Lake Pancoast;
together with any and all riparian rights
which may be appurtenant thereto;
ALSO
x
OFFICE OF THE CITY ATTORNEY, 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
-..........
x
'. .
2t~ .l.089B ;~ 377.
, '
OUTLOT "3"
All of that land lying south of 26th Street and
between 26th Street and Lake Pancoast, described
as follows: Begin at a point which is the
southwesterly corner of Collins Avenue and 26th
Street; and thence run westerly along the
southerly line of said 26th Street to a point
lying southerly of the west line of Lot One
(1), Block Seven (7) aforesaid, said point
being the same point to be reached if the west
line of Lot One (1), Block Seven (7), aforesaid
was extended southerly across 26th Street; thence
run southerly from the southerly boundary line of
said 26th Street along the west line of said Lot
One (1), Block Seven (7), extended southerly to tt
waters of Lake Pancoast; thence run in a general
southeasterly direction, meandering the shore of
said Lake Pancoast to a point which is the
intersection of the said shore line of Lake
Pancoast with a line running southwesterly from
the southwesterly corner of Collins Avenue and
26th Street; thence run in a northeasterly
direction along the last mentioned straight
line to the point of beginning; as said street,
avenue, line and property are shown on the
Amended Map of the OCEM~ FRONT PROPERTY OF THE
MIN1I BEACH IMPROVEMENT COMPANY, recorded in
Plat Book 5, at pages 7 and 8, of the Public
Records of Dade County, Florida, together with
any and all common law and statutory riparian
rights 'thereunto appertaining or 'belonging,
meaning to describe that certain outlot lying
opposite Lot One (1), Block Seven (7) aforesaid,
and lying between 26th Street and Lake Pancoast.
I'
,
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
. ~ . f
m~~ L089S '~ 378
" '
. .
EXHIBIT "B"
Lots 1, 2, 3, 4 and 5, in Block 5, of AMENDED PLAT OF OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
together with the Ocean Front Strip lying between Miami
Beach Drive and the high water mark of the Atlantic Ocean
and between the North and South lines of said Lots 1 to 5
inclusive extended to the high water mark of the Atlantic
Ocean ali according to the Plat thereof, recorded in Plat
Book'S, at Pages 7 and 8, of the Public Records of Dade
County, Florida. TOGETHER WITH
All that piece, parcel or tract of land, lying, situate
and being in the City of Miami Beach, Dade County, Florida,
bounded to the South by the Westerly extension of the South
line of Lot 1, Block 5, AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according
to the plat thereof recorded in Plat Book 5 at Page 7 of
the Public Records of Dade County, Florida, bounded to the
East by the Westerly lot line of Lots 2, 3, 4 and a
portion of Lot 5 of said AMENDED,MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, and
bounded to the West by a line that is 86.9 feet Easterly
of, and parallel and concentric to the Westerly Right-
of-Way Line of Collins Avenue as per I~p SHOWING
PROPOSED RIGHT-OF-WAY RELOCATION OF COLLINS AVENUE
IN THE CITY OF MIAMI BEACH, FLORIDA" bearing File No.
8M 55 and dated May 11, 1939.
ALSO
-'
.. .... .. .. .__. --,- .--- - -
Lots 1 and 12; and the South 25 feet of Lo'ts - 2 end ~J. (meanin
therebYt that portion of Lots 2 and 11 ~hich is bouhded on thg
South by the South line of said Lots 2 and ~1 and ~s bounded e
on the North by a line which is parallel to and is 25 feet-
North of the said South line of said Lots 2 and 11, ~hich
N~rtherlyboundary line is extended from the East 1ine of s~id
Lot 2 (Collins Avenue) to the West line of said Lot 1.1 (Indian
Creek Drive); All in Block 7 of the OCEAN FRONT~PROPERTY OF
THE MIAMI BEACH I.MPROVD~ENT COMPANY, a subdivision o:f Dede
County, Florida, according ,to the plat thereOI, recorded ~n
Plat Book 5, at Pages 7 and B,' of the' Public Recor~s of Dade
-County, F lor ida;' .
~OGETHER WITH the outlots ~hich are opposite the premises just
hereinabove described,p~ the ~est side of Indian Creek Drive
~hich said ou~lqts are bouno:d on the ~orth ~ a 1ine ~hich is
25 feet north of the north l~nes of sa~d Lots 1 and 1.2, and
which is parallel to the said north line of said ~ots 1 and
1-2, and \o:hich is extended \l.'est-wardly to Lake. Pancoast; and the
said outlets .,are bounded on the east by the ~~st :Line of
Indian Creek Drive, and they'are bounced on ~e south by a
line which I~ the continuance of the south line of said L~t 1
extended in a straight line ~est~ardly to Lake pancoastr
and they are bounded on the ~est by Lake'Pancoast;-together
~i.th any and all riparian rights which may be appur:-
tenant thereto;
,~':~ '
-;:.:;;:1 .
y.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
" . ':'
- ,
. . J'
arT I 0898 ifI1
REC, , PG 379
EXHIBIT "B7t Continued
'. '
ALSO, TOGETEER WITH TEE OUT LOT DESCRIBED AS FOLLOWS:
All of that lan~-lying south of 26th Street and ,be~een'26th
Street and Lake P~ncoast, described as follows: Begin at a
point ~hich is the soutn~esterly corner or Collins. Avenue and 0
2bth Street; and thence run ~esterly along the southerly line
of said 26th Street to a point lying soutDerly of the ~est
line of Lot One (i), Block Seven (7) aforesaid, said point
being the same point to be reached i: the west line of ,Lot
One (1), blOCK Seven (7), aforesaic ~as extendec southerly
across' 26th Street; thence run southerly from the southerly
boundary line of said 26th ,Street along the west line of said
Lot One {l)t Block Seven (7) extenced southerly, to the
~aters of Lake Pancoast; thence run,in a general southeasterly
direction, meandering the shore of said Lake ,Panco~st to a
'point ~hich is, the intersection of the said shore l.ine of
Lake Pancoast ~ith a line runni~g southwesterly from the south-
westerly corner of Collins Avenue ana 26th Street; thence
run in'a northeasterly direction along the last mentioned
straight line to the point of beginning; as said street,
avenue, line and property are shown on the A.mended' Map of the---
OCEAN .FRONT PROP~RTY OF THE HIA.MI BEACH !HPRO~lEN'I CpNPANY,
recorded in Plat Book 5, at pages 7 and Bt of the Puh~ic
,Records of Dade County, Florida, together ~ith 2ny ~Q all
co~on la~ and ,statutory riparian rights thereunto appertain-
ing or belonging, meaning to des~ribe that cert2in outlot
lying opposite Lot One (1), B~ock Seven (7) aforesaid, and
__).Y,i.~,g-:!=>et...,ee.n 26th__Street a.nd Loake Pancoast.
.
,. .
,.
RECORDED IN OffICIAL RECORDlI BIll<<
OF DAOE COUNlY. fLOlIOA.
RECORD YERIFIElI
RICHARD P. BRINKER;'"'
CLERK CI RCU IT COU fiT
x
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
-../
OfT. 0898 :>' ]00
' !([c I , rG U
, \980 QC,l ! \ Q ~\~ ~~ ~$
80R270661
C 1-4 I.
.,j,
~D -;J.. \f- ~
\'0
v:' '
\
..
...~ . ..
.
~
QUIT-CLAIM DEED
THIS QUIT-CLAD1 DEED, Executed this S- day of S~~+- t
A.D. ,1980, by A1,mRICAN EQUITY DEVELOPERS, INC., by its, uly author~zed
Officert a corporation existing under the laws of Florldat and havlng
,:its principal place of business at Miami, Floridat first party, to
CITY OF MIAMI BEACH, whose post office is 1700 Convention Center
Drivet l1iarni Beacht Floridat second party:
(Wherever used herein the terms
"first party" and "second party"
shall include singular and plural
heirs, legal representatives, and
assigns of individuals, and the
successors and assigns of
corporations, wherever the context
so admits or requires.)
..
, .
WITNESSETH, That the said first party, for and in consideration
of $1.00 in hand paid by the said second
party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit-claim unto the said second party forever,
all the right, title, interest, claim and demand which the said
first party has in and to the following described lott piece or
parcel of landt situatet lying and being in the County of DADE
State of FLORIDA, to wit:
Parcel 2:
All that portion of Lot 5, Block 5, AMENDED MAP OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY, according to the plat thereof recorded in Plat
,Book.5 at P~ge 7 of the Public Records of Dade County,
:Florlda, lYlng Westerly of a line that is 86.9 feet
'E~sterly of, a~d parallel. and concentric to the Westerly
'Rlght-of-Way Llne of Colllns Avenue as per '~P SHOWING
!PROPOSED RIGHT-OF-WAY RELOCATION OF COLLINS AVENUE IN
'i~THE CITY OF MIAMI BEACH, FLORIDA", and bearing File No.
'SM 55 and dated May 11, 1939. All as shown on the cross-
hatched portion of the attached survey - sketch of said
:property, which survey sketch is Exhibit "A" hereto
In the event it becomes necessary to expose the Cit~'s
underground water or sewer-facilities, the grantor
shall bear the cost of restoring the sidewalks
driveways, or landscaping. '
.>'
W;.~
c; :c.
or;.:::.:.,
'-lO
U
= -
'"> ~T~l.TEO~
tr> ~~TARY.<'c' ':LPRIDA I
~ _- ,OF REVE"U'-E' ",' ~;: '~" ) I l; ~,~" -. '
....J _ It """f': r-::-." --.:. -, '"il f ,;-..... r
.::::::: '::"//": ~~\c~). ~\ ~
.". - - 0 /,..{ ,Ii
:= (>8.- CTla'BO~r: ,.,,!U- I
c, ~~~~?l::: 0 D. 4 a i
'--- -i
,
x
EXHIBIT "B"
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
"-
0') (OU
-
.
~E~ 1.0898 ;'~ 38/
... '
TO HAVE and to HOLD the same together with all and
singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, interest, lient
equity and claim whatsoever of the said first party, either in
law or equity, to the only proper use, benefit and behalf of the
said second party forever.
IN WITNESS WHEREOF the first
party has caused these presents
to be executed in its name, and
its corporate seal to be hereunto
affixed, 'by its 'proper officers
thereunto duly authorized, the
day and year first above written.
Signed, sealed and de~tvered
in the presence of:
AMERICAN EQUITY DEVELOPERS, INC.
-""
./'
,.
'.1 \ f~~tr ' ~ "J' \ ':~, _
, V;" \.u ~)' t 3T'"
; ..~ "4- :~"': ~: ::
.,.. ",;iN~;. n '"": ,':":.).. ::
r' .... -':jk..'~ . ',1-< .~~~ ........ ~
~..~,r~:~,:~,J, .~y,),~i(~'J""~t.." ~
,/...~lJV.."''','' '''w.;'""-\."/ ~
;'i?:?_\~-~ f ~h \/V , ""
:'f'f.i.-~. '.,I tIJ~\" ,
"':;;j;~i~~F~:'~~\-'; ","
By:
JkMUJ ({~~
..
..
STATE OF FLORIDA )
)
COUNTY OF DADE )
SS
I HEREBY CERTIFY that on this day,
duly authorized in the State and County
acknowledgementst personally appeared
the ('\~ \cPn~-
respectively of tile corporation named as first party in the
foregoing deed, and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said
corporation and that the seal affixed thereto is the true
corporate seal of said corporation.
before me, an officer
aforesaid t take
~ ,F
well known to me
WITNESS may hand and offici~ seal ip.the County and State
aforesa~d this' ~f/:;.. day of ~~/(M ~ ' A.D. 1980.
t ~
.... \i' L,.,\~ .....:
By
RECORDED IN OFFICIAL RECORDS IlOOf.
OF DADE COUNlY. fLORIDA.
RECORD VERIFIED
RICHARD P. BRINKER.
r.1 ERK CIRCUIT COURT
)(
MY C0I1HISSIOlJ EXPIRES:
~,:.,:. .. '" ,'~ -~.~. ~: ~~,' ,,,' - . ',<:; 2 Date ~;o. 6/f?
_ _ ------ <<-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139