RESOLUTION 85-18226 RESOLUTION NO. 85-18226
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA ACCEPTING DEED
DATED JULY 8 , 1985 FROM SOUTH POINTE
DEVELOPMENT COMPANY TO THE CITY OF MIAMI BEACH
RECORDED JULY 9 , 1985 UNDER CLERK' S FILE NO.
85R-206512, PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, FOR SIX FEET ALONG THE SOUTH SIDE OF
BISCAYNE STREET AND ACCEPTING A RELEASE FROM
SOUTH POINTE DEVELOPMENT COMPANY OF RESTRIC-
TIONS AND RESERVATIONS RETAINED IN SAID DEED.
WHEREAS , South Pointe Development Company, a Florida
``.
corporation, tendered to the City of Miami Beach on July 8 , 1985 ,
by a deed recorded July 9 , 1985 under Clerk ' s File No. 85R-206512 ,
in the Public Records of Dade County, Florida, the parcel of real
property described in said Deed, a copy of which is attached
hereto; and
WHEREAS , the deed contained a restriction which stated:
"The real property described herein may be utilized by Grantor ,
its successors and assigns in determining the applicable zoning
setback requirements" ; and
WHEREAS , South Pointe Development has tendered to the
City of Miami Beach a Release of Reservations and Restrictions ,
dated September 9 , 1985 , a copy of which is attached hereto, and
WHEREAS , the City of Miami Beach wishes to accept the
Deed and the Release of Restrictions and Reservations ,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach
accepts from South Pointe Development Company the real property
contained in the Deed dated July 8 , 1985 and recorded July 9 , 1985
under Clerk ' s File No. 85R-206512 , Public Records of Dade County,
and accepts the Release of Reservations and Restrictions from
South Pointe Development Company to the City of Miami Beach dated
September 9 , 1985
PASSED and ADOPTED this 2nd day of October , 1985.
µM`
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Attest: MA R r--
12a:A-yte-
CITY CLERK
Approved as to Form:
41(1, 8,,,wyce
LEGAL DEPARTMENT
PNB/j hd
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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ky .......• ... • ,.. .
IS ill. 1. PN i 43 85P ' 06512 4f
>i/'ECIAI WAtAANTY DEEO .».•. •-
REC 1 25'5 6 PG RAMCO FORM 03 •
ThiS arrant ?14'deed Made thepeciaf day of July,
SOUTH POINTE DEVELOPMENT COMPANY, A• D. 1985 by
a Florida corporation
hereinafter called the grantor, to CITY OF MIAMI BEACH,
a municipal corporation organized
pursuant to the laws of the State of Florida
whose postof f ice address is 1700 Convention Center Drive, Miami Beach, Florida 33139
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
'i'i itnesseth: That theraptor,
g , for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, herebygrants, bargains,bang , sells, aliens, re-
mises. releases, conveys and confirms unto the grantee, all that certain land situate in Dade
County. Florida, viz:
See legal description attached as Exhibit "A"
This conveyance is made and delivered pursuant to the terms of
that certain Development Agreement between Grantor and Grantee
dated October 9, 1984, and recorded in O.R. PageAv ,
Public Records of Dade County, Florida; and the Real Property
described herein may be utilized by Grantor, its successors and
assigns in determining the applicable zoning setback require-
ments.
CP\\ec`
ps
co%\actao `'am
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I I.A V �.
SCo''''" Ket Gout 1 c/ �� �,��` q
m,'Ne,,aco,.eu:,.0 i
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Toe ' 'r with all the tenements, .
� n s, hereditaments and appi.a•tenance� thereic, belonging or in any-
wise any
wise appertaining.
To slave and tofold� the same in fee simple forever.
End the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and here-
by warrants the title to said land and will defend the same against the lawful claims of all persons claiming
by, through or under the said grantor.
in 'Wads ii a hereof, the saidraptor has hereunto set et its hand and sea he day and year
first above written.
Signed, sealed ani deliv: :d in our presence: SOUTH '• • • • ' NT : r •
44i1
• • __ _IP b si, / agg
By:
_. g . e ,
an
IF ... , A
Attest: Qom.
Ct f 41 'i p
STATE OF FLORIDA, 1
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State,aforesaid and in th u aforesaid to__take acknowledgments pe nallyappeared
C Y1�e4 k
Mutt emFrfsid�i� r • re s
h� ��, � e�� � ecf ive� o�
�� -� Y P y
SOUTH POINTE DEVELOPMENT COMPANY.
to me known to be the person S described in and who executed the foregoing instrument and they acknowledged
before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid thi .....,.,..
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July, A. D. 1985. ��` � �'
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N• Y PU LIC 1 ' :
7)%-, ,
This his/rumen/prcparct/ hy. W.A. Friedlander, Esq.
1����r�•ss 7820 - 38th Avenue North 17 /
St. Petersburg, FL 33710
OFA
REC 12566n2915
A 6.00 Foot Roadway Dedication:
Legal Description:
The
6.00 foot Roadway Dedication be ng a part of the C.H. -Wm Property
and
Collins Avenue (now closed) , South of Biscayne Street, all as shown on SCURK IE MACH PASUBDIVISION, Recorded in Plat Book 6 at Page 77 of
Public Records of Dade County, Florida. The Street, Avenues, and
the �
Drive mentioned in the following description are as shown on the above-
mentioned Recorded Plat:
Begin (P.O.B.) at the intersection of the South Line of Biscayne Street
line of Washington Avenue and run 87°38'57" E. along
and the Easterly �the Southerly line of Biscayne Street, crossing CollinsCo lAvenue a distance
of 713.71 feet, more or less, to a Point of Intersection (P.Ii with theProjprojection Southerly of a line 15.00 feet Easterly of the Easterly line
in Plat Book
of Block 112 OCEAN BEACH, Fla. , Addition No. 4, Recorded 3
Page1 1 of the Public Records of Dade County, Florida, said Easterly
at 5 _W
line being the Easterly line of the existing 70.00 foot Right-off' ay of
Ocean Drive; Thence run S. 10°47'35" W. along the projection Southerly of
the Easterlyline of Ocean Drive, a distance of 6.16 feet to a point;
•f Walong run S. 87°38'57" W. along a line parallel to and 6.00 feet distant
Southerlyof the Northerly line of Biscayne Street, crossing Collins
Avenue (now closed), a distance of 713.71 feet, more or less, to the
line of Washington Avenue; Thence run N. 10°47'35" E. along the
Easterly r�, distanceof 6.16 feet to the Point
Easterly line of Wash�ton Aver:_le,_le, a
of Beginning (P.0.3. ).
Area of Dedication is 4,281 square feet, more or less, or 0.098 acres,
more or less.
July 3, 1985
• SURVEYOR'S CERT] ICATE
WE HEREBY CE IFY: to South Pointe Development Company, the City of
Miami Beach Lawyers Title Insurance Co. of Richmond, and Centrust .
Savings Bank, that the information ion shown hereon and on Sheet 2, is
true and correct to the best of our knowledge and belief. . .. -s •�-z-.� ,,
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ZUR a WHITI'A , I . ,4.
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J.2 :s D. Reeves, T,'-sident'n 4.
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P ITS. No. 2194 '•.... c
State of Florida
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RELEASE OF RESERVATIONS AND RESTRICTIONS
THIS RELEASE is made this 7 day of September, 1985, by SOUTH
POINTE DEVELOPMENT COMPANY, a Florida corporation (herein "SPDC") .
WHEREAS, SPDC transferred to the City of Miami Beach on July 9,
1985, by a deed recorded under Clerk's Instrument No. 85R-206512, in the
Public Records of Dade County, Florida, the parcel of real property
described in Exhibit A hereto; and
WHEREAS, the aforementioned deed contained the following
restrictions and reservations in favor of SPDC, to-wit:
"The real property described herein may be
utilized by Grantor, its successors and assigns
in determining the appl icable zoning set back
requirements." ; and
WHEREAS, SPDC no longer desires to retain the benefits of the
above recited restrictions and reservations contained in the
aforementioned deed;
KNOW ALL MEN BY THESE PRESENTS that SPDC, in consideration of
the sum of ONE DOLLAR ($1.00) and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby release the real property, described in
Exhibit A hereto, and the City of Miami Beach from the above recited
restrictions and reservations contained in the deed described hereinabove.
Only the above recited reservation/restriction is released; all other
conditions of the deed, if any, remain in effect.
Witnesses: r/J ' SOUTH POINT 0 VELOPMENT COMPANY
0
rar r
AWL Ai 4bA Aii144.11
f .y: c ��•.
(CORPORATE SEAL-:/
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This instrument prepared by:
Ken Swearingen, Jr. , Esq.
7820 - 38 Avenue North
St. Petersburg, FL 33710
•, . 20
ACKNOWLEDGMENT
TO
RELEASE OF RESERVATIONS AND RESTRICTIONS
STATE OF FLORIDA )
COUNTY OF DADE )
Before me appeared T. GLENN JOHNSTON, to me well known, and known to me
to be the individual described in and who executed the foregoing instrument
as VICE PRESIDENT of the above named SOUTH POINTE DEVELOPMENT COMPANY, a
Corporation, and acknowledged to and before me that he executed such
instrument as such Vice President of said corporation, and that the seal
affixed to the foregoing instrument is the corporate seal of said corporation
and that it was affixed to said instrument by due and regular corporate
authority, and that said instrument is the free act and deed of said
corporation.
WITNESS my hand and official seal , this d day of September, A.D.
1985.
(AC)
et, a
Notary Publ i c, State of F I or i �''� ..
My commission expires: _ -i•„ �r ,
PU:B!. f C ATE
CF FLORIDAFLCR I DA
MY
NOTARY COMM,I _ ONSTEXP ES J� NE E
c � .,, 4 1986
BONDED IHRU GENERAL INS, UNDERWRITERS
- 21
A 6.00 Foot Rotdway Dedication:
Legal Description:
The
6.00 foot Roadway Ded i cat ion being a part or the C.H. Linn Property
andCollins Avenue (now closed) , South of Biscayne Street, all as shown on SOUTH BEACH PARK SUBDIVISION, Recorded in plat Book 6 at Page 77 of
Public Records of Dade County, Florida. The Street, Avenues, and
the � description are as shown on the move-
Drive mentioned in the foliating Ping
mentioned Recorded Plat:
Begin (P.0.3. ) at the intersection of the South Line of Biscayne Street
the Easterly line of Washington Avenue and run N. 87°38 57 E. along
and
the Southerly line of Biscayne Street, crossing Collins�� Avenue a distance
of 713.71 feet, more or 2.e s s,
to a Point of Intersection (P.I.S with the
P
rod ect ion Southerly of a line 15.00 feet Easterly of the Easterly line
Addition ion No. Recorded in Plat Book 3
of Block 1.x.2, OCEAN BEACH, Fla. , ,
at Page 151 of the Public Records of Dade County, Florida, said Easterly
line being the Easterly line of the existing 70.00 foot Right-.of-Way of
Ocean Drive; 'Thence run S. 10°47'35" W. along the projection Southerly of
the Easterly line of Ocean Drive, a distance of 6.16 feet to a point;
nlmce run S. 87°38'57" W. along a line parallel to and 6.00 feet distant
. Southerly of the Northerly line of Biscayne Street, crossing Collins _
Av ue (now' cloe ed) , a distance of 713.71 feet, more or less, to the
Easterly line of Washington Avenue; Thence run N. 10°47'35" E. along the
Easterly line of Washington Avenue, a distance of 6.16 feet to the Point
of Beginning (P.0.3. ) .
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EXHIBIT A -
.r• 22 .
ORIGINAL
RESOLUTION NO. 85-18226
(Accepting deed dated July 8, 1985 from
South Pointe Development Company to the
City of Miami Beach recorded July 9,
1985 under Clerk's file No. 85R-246512
Public Records of Dade County, Florida,
for six feet along the South Side of
Biscayne Street and accepting a release
from South Pointe Development Company
or Restrictions and Reservations re-
tained in said Deed)