RESOLUTION 90-19880 RESOLUTION NO. 90-19880
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION
OF A PORTION OF THE ROAD RIGHT-OF-WAY OF WEST
AVENUE LYING EAST OF THE OUT LOT AND LOT 1 , AND
A PORTION OF LOT 2, BOTH IN BLOCK 1, AMENDED
PLAT FLEETWOOD SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE
23 AND ADJACENT TO LOT 27 , AMENDED PLAT OF
AQUARIUM SITE RE SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE
83, PUBLIC RECORDS, DADE COUNTY, FLORIDA;
RELINQUISHING THE CITY' S RIGHTS IN A PORTION
OF THE PRESENT RIGHT-OF-WAY LYING IN LOT 27 ;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED IN FAVOR OF THE OWNER
OF LOT 27 FOR SAID PORTION OF LOT 27 UPON
REALIGNMENT OF WEST AVENUE.
WHEREAS, the Amended Plat of Fleetwood Subdivision was
recorded in Plat Book 28, Page 34 and the Amended Plat of Aquarium
Site Re Subdivision was approved and recorded in Plat Book 21, Page
83 both in the Public Records of Dade County, Florida.
WHEREAS, lying between said plats is a portion of the public
right-of-way known as West Avenue legally described as follows and
depicted on Exhibit A, attached hereto:
A parcel of land lying within the road right-
of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION" , according to the Plat thereof as
recorded in Plat Book 21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows :
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for
206 . 01 feet to a point on a circular curve
whose radius point bears East for 475 .00 feet ;
thence Southeasterly along said 475 . 00 foot
radius curve leading to the left through a
central angle of 15-55 ' -21" for an arc of
132 . 00 feet to a point of tangency; thence
South 15-55 ' -21" East for 29 . 67 feet to a point
of curvature; thence Southeasterly along a
65. 00 foot radius curve leading to the left
through a central angle of 41-03 ' -15" for an
arc of 46 . 57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36 . 38 foot radius curve leading to the right
through a central angle of 56-58 ' -35" for an
arc of 36 . 18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20 .00 feet; the following two ( 2 )
courses being along the exterior boundary of
said Lot 27 ; ( 1 ) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00 ' -00" for an arc of
31 . 42 feet to a point of tangency; ( 2) thence
on a bearing of West for 50 . 00 feet to the
POINT OF BEGINNING. •
1
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the Miami Beach City Commission has provided notice
of these vacation proceedings to the public; and
WHEREAS, the Miami Beach City Commission has held a public
hearing to determine whether vacation of the above-referenced
right-of-way would be in the best interest of the general public
welfare; and
WHEREAS, the vacation contemplated herein would legally
effectuate an existing realignment of the south end of West Avenue-
to divert traffic on 6th Street to Alton Road; and
WHEREAS, the Miami Beach City Commission has made the
following determinations :
1 . The right-of-way known as West Avenue is part of the City
of Miami Beach road system and, as such, the City of Miami Beach
holds this property in trust for the benefit of the public.
2 . The City of Miami Beach City Commission, is duly vested
with the authority to vacate the above-referenced right-of-way.
3 . The vacation of that portion of West Avenue more
particularly described above is found to be in the best interest
of the general public welfare.
4 . The vacation and discontinuance of that portion of West
Avenue more particularly described above is found not to be for the
benefit of a purely private interest; and
WHEREAS, after due consideration of all of the facts and
circumstances, the City Commission of the City of Miami Beach finds
it to be in the best interest of the general public welfare to
vacate, and disclaim any and all of the public ' s right , title and
interest in the following described portion of West Avenue
hereinafter described and depicted in Exhibit. "A" attached hereto:
A parcel of land lying within the road right-
of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION" , according to the Plat thereof as
recorded in Plat Book 21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for •
2
206 . 01 feet to a point on a circular curve
whose radius point bears East for 475 . 00 feet;
thence Southeasterly along said 475 . 00 foot
radius curve leading to the left through a
central angle of 15-55 ' -21" for an arc of
132 . 00 feet to a point of tangency; thence
South 15-55 ' -21" East for 29 . 67 feet to a point
of curvature; thence Southeasterly along a
65 . 00 foot radius curve leading to the left
through a central angle of 41-03 ' -15" for an
arc of 46 . 57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36 . 38 foot radius curve leading to the right
through a central angle of 56-58 ' -35" for an
arc of 36 . 18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20 . 00 feet ; the following two ( 2 )
courses being along the exterior boundary of
said Lot 27 ; ( 1 ) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00 ' -00" for an arc of
31 . 42 feet to a point of tangency; ( 2) thence
on a bearing of West for 50 . 00 feet to the
POINT OF BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the City of Miami Beach has been in possession of the
following described property (also depicted on Exhibit B) for use
as a portion of the West Avenue right-of-way, although the same was
never dedicated of record:
A parcel of land being a portion of Lot 27 ,
"AMENDED PLAT OF AQUARIUM SITE RE-SUBDIVISION" ,
according to the plat thereof as recorded in
Plat Book 21, page 83 and adjacent to the out
lot as shown on the "AMENDED PLAT FLEETWOOD
SUBDIVISION" , according to the plat thereof as
recorded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast corner of said out
lot; the following two ( 2) courses being along
the Southerly line and its projection thereof
of said out lot , said Southerly line also being
the Northerly line of said lot 27 ; ( 1 ) thence
on a bearing of East for 39 . 15 feet to the
POINT OF BEGINNING of the hereinafter described
parcel of land; ( 2) thence continue on said
bearing of East for 10 . 85 feet to a point of
curvature; thence Southeasterly along a 20 . 00
foot radius curve leading to the right through
a central angle of 90°-001 -00" for an arc of
31 . 42 feet to a point of tangency; thence on
a bearing of South along the Westerly road
right-of-way of West Avenue for 125.60 to a
point on a circular curve whose radius point
bears West for 222 . 10 feet; thence
Northwesterly along said 222 . 10 foot radius
curve leading to the left through a central
angle of 14°-48 ' -00" for an arc of 57 . 37 feet
to a point of tangency; thence north 14°-48 ' -
00" West for 91 . 92 feet to the POINT OF
BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the City of Miami Beach wishes to relinquish
possession and any right_ of use in the above-described property
3
which may have accrued over time or which will accrue to the City
of Miami Beach in the future and to execute a quitclaim deed for
said property upon realignment of West Avenue.
NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA as follows:
1 . That the City of Miami Beach does hereby vacate, abandon
and disclaim all of the public ' s right , title and interest in and
to that portion of West Avenue more particularly described as
follows :
A parcel of land lying within the road right-
of-way of West Avenue and lying East of the out
lot and Lot 1 , and a portion of Lot 2 , both of
Block 1 , "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION" , according to the Plat thereof as
recorded in Plat Book 21 , page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows :
Begin at the Southeast corner of the said out
lot , the following course being along the
Easterly lines of said out lot , and said Lots
1 and 2; thence on a bearing of North for
206 . 01 feet to a point on a circular curve
whose radius point bears East for 475 . 00 feet ;
thence Southeasterly along said 475 . 00 foot
radius curve leading to the left through a
central angle of 15-55 ' -21" for an arc of
132 . 00 feet to a point of tangency; thence
South 15-55 ' -21" East for 29 . 67 feet to a point
of curvature; thence Southeasterly along a
65 . 00 foot radius curve leading to the left
through a central angle of 41-03 ' -15" for an
arc of 46 . 57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36. 38 foot radius curve leading to the right
through a central angle of 56-58 ' -35" for an
arc of 36 . 18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20 . 00 feet ; the following two ( 2 )
courses being along the exterior boundary of
said Lot 27 ; ( 1 ) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00 ' -00" for an arc of
31 . 42 feet to a point of tangency; ( 2) thence
on a bearing of West for 50 . 00 feet to the
POINT OF BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
2 . The City of Miami Beach hereby relinquishes possession
and any right of use in the following described property which may
have accrued to the City of Miami Beach over time or which may
accrue to the City of Miami Beach in the future:
A parcel of land being a portion of Lot 27 ,
"AMENDED PLAT OF AQUARIUM SITE RE-SUBDIVISION" ,
according to the plat thereof as recorded in
Plat Book 21 , page 83 and adjacent to the out
lot as shown on the "AMENDED PLAT FLEETWOOD
SUBDIVISION" , according to the plat thereof as •
4
recorded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast corner of said out
lot ; the following two ( 2) courses being along
the Southerly line and its projection thereof
of said out lot , said Southerly line also being
the Northerly line of said lot 27 ; ( 1 ) thence
on a bearing of East for 39 . 15 feet to the
POINT OF BEGINNING of the hereinafter described
parcel of land; ( 2 ) thence continue on said
bearing of East for 10 . 85 feet to a point of
curvature; thence Southeasterly along a 20 . 00
foot radius curve leading to the right through
a central angle of 90°-001 -00" for an arc of
31 . 42 feet to a point of tangency; thence on
a bearing of South along the Westerly road
right-of-way of West Avenue for 125 . 60 to a
point on a circular curve whose radius point
bears West for 222 . 10 feet ; thence
Northwesterly along said 222 . 10 foot radius
curve leading to the left through a central
angle of 14°-48 ' -00" for an arc of 57 . 37 feet
to a point of tangency; thence north 14°-48 ' -
00" West for 91 . 92 feet to the POINT OF
BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
3 . Notwithstanding the foregoing, the City of Miami Beach
has and reserves the right to continue using the property set forth
in paragraph 2 above for temporary road purposes only until such
time as realignment of West Avenue is complete, and from and after
such date the temporary use shall cease and terminate.
4 . Upon realignment of West Avenue, the Mayor and City Clerk
are authorized to execute a quitclaim deed in favor of the owner
of Lot 27 for the property set forth in paragraph 2 above, which
will also confirm relinquishment of the temporary right referred
to in paragraph 3 above.
PASSED and ADOPTED this 17th day of January , 1990 .
VICE-MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO39- / 0
January 17, 1990
DATE:
TO: Mayor Alex D•_ • and
Members 0 •he City Co ►m` AIIIIfOO�i�
i ,'M
FROM: Rob W. P. ins 1 /Jo
City Manager
SUBJECT: VACATION OF A PORTION OF THE RIGHT-OF-WAY AT 6TH
STREET AND WEST AVENUE
The Land Use and Development Committee met and discussed the existing realignment of
West Avenue at 6th Street, and the proposed vacation of a portion of the right-of-way at
6th Street and West Avenue. The Administration's recommendation to the Land Use
Committee was to vacate a portion containing approximately .08 acre on the west side of
West Avenue in the area of 6th Street to legally effectuate the existing realignment of the
south end of West Avenue to divert traffic on 6th Street to Alton Road.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission approve the attached
resolution to vacate an area of the right-of-way on the west side of West Avenue at 6th
Street.
RWP:RLR:lg
Attachments
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AGENDA -
ITEM
DATE 1 - 1 -7- 6
q / K/D
CITY OF MIAMI BEACH
City Attorney's Office
Memorandum
To: Robert Parcher,
City Clerk
From: Gary M. Held,
First Assistant City Attorney r
Date: June 16, 2006
Re: The City of Miami Beach and
Florida Development Associates, Ltd. (Bentley Bay)
The attached Quit Claim Deed being sent to you needs to be executed ou and the
Mayor. The Deed is being executed pursuant to City Resolution No. 90-198 0, copy also
attached.
It has been approved and reviewed by the City Engineer and the City Attorney. Please
execute and return to me.
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March 1, 2007 Federal Express Airbill No. 8547 0261 4480
Ms. Sheila C. Taft
Legal Assistant
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach, FL 33139
Re: The City of Miami Beach and Florida Development Associates, Ltd. (Bentley Bay)
Quit-Claim Deed and Declaration Regarding Maintenance
Dear Sheila:
Enclosed you will find a certified copy of the recorded Quit-Claim Deed by and between The
City of Miami Beach and Florida Development Associates, Ltd., as recorded in Official Records
Book 25407, at Page 4571, of the Public Records of Miami-Dade County, Florida. Also you will
find a certified copy of the Declaration Regarding the Maintenance of Paver Sidewalk System
and Trees/Landscaping Improvements Within the Right-of-Way as recorded in Official Records
Book 24700, at Page 0095, of the Public Records of Miami-Dade County, Florida
Should you have any questions, please do not hesitate to call upon me.
Sincerely,
VP/ /4
Franklin M. Kessler
Assistant to Plan Administrator
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Cr: I..fl t4
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707 Fifth Street •Miami Beach,Florida 33139*Telephone:(305)938-4200•Fax:(305)938-4201 •www.thebentley.com
• 11111111113 1111111111111111111111111 111131
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OR b B C: 25401 '~t S 45/1 _. 152; {.1,!`.P
RECORDED 03/01/2007 10:57:52
Prepared By and Return To: DEED DOC 1 AX 0.60
ALAN W.LEVINE,ESQ. '=;��`' "��: ��i
LEVINEh
. &PARTNERS P.A. H}a�'�`�:'� �`C��`x�1 t CLERK ftp. COURT
COUNTY?P FLOt'iA.DA
1110 Brickell Avenue,7th Floor
Miami,Florida 33131
QUIT-CLAIM DEED
This Indenture is made this /1w day of 1
2006, between THE
CITY OF MIAMI BEACH, a political subdivision of the State of Florida, Grantor,
whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139; and
FLORIDA DEVELOPMENT ASSOCIATES, LTD., a Florida limited partnership,
Grantee,whose address is: 707 Fifth Street, Miami Beach, Florida 33139.
WITNESSETH that said Grantor, for and in consideration of the sum of ONE AND
NO/100 DOLLARS, and other good and valuable consideration to said Grantor in hand
paid by said Grantee, the receipt and sufficiency of which are 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
land, situate, lying and being in Miami-Dade County, Florida,to wit:
That certain property described in Exhibits "A" and "B" attached hereto and made a
part hereof, said property being the same parcels described in City of Miami Beach
Resolution No. 90-19880 recorded on October 17, 2000 in Official Records Book
19325, at Page 3132 of the Public Records of Miami-Dade County, Florida
(hereinafter the "Property").
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, lien,
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 party forever.
The Grantor hereby reserves unto itself, and its successors and assigns, easement rights for
the operation, maintenance, repair and/or replacement of any existing underground utilities
located on or within the Property. The Grantor also hereby reserves for itself, and its
successors and assigns, easement rights for the installation, operation, maintenance, repair
and/or replacement of future underground utilities determined necessary after the execution
and recordation of this Deed, if in the sole discretion of the City Engineer, the City
determines that such utilities cannot or should not be installed in the adjacent public right-
of-way, and must be installed in or on the Property. Grantor shall not unreasonably interfere
with Grantee's use and occupancy of its properties. Grantor shall perform all work at
sole cost, except that Grantee shall pay such costs normally attributable to the recipient
NOTE TO RECORDER: ThisQuit-Claim Deed is being given pursuant to the A.4,
provisions of City of Miami Beach Resolution No. 90-19880 in connection with the re-
ali nment of a Cityright-of-way. There
g g y. he a is no consideration involved in the transfer of
the subject property, therefore only minimum documentary stamps are due.
the utility service. Grantor shall be responsible for repairing any damage caused to
Grantee's property and/or improvements as a result of Grantor's exercise of the rights
reserved herein.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the
day and year first above written.
Signed,sealed and delivered THE C P • r MIAMI BEACH, a
in our presence: polif al su•F, vision of the State of
• Flo' da
'lam
,A.A.., Al
Print Name: LI Wia, i *t3eouchexhrB, : AAA
----� .me: David Dermer
Title: Mayor
Print Name:AT l /1 • Irf2pi/.19 2 Address: 1700 Convention Center
Drive, Miami Beach, Florida 33139
A st:
Ji
Cty Clerk
STATE OF FLORIDA )
ss
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 61 day of
'A u y , 2006, by David Dermer, as Mayor of the Cityof Miami Beach, and
Y
Robert Parcher, as City Clerk of the City of Miami Beach, a political subdivision of the
State of Florida, who are personally known to me or- has produced-
as..identif-eftti;an did.. . . . - - z
.(1 A g raibigia" .111461*- -
TAR PUpLIC, State 9f Flori•a
Print Name: /' eiryQ r 0,9 ki of e �
My Commission Expires:
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APPROVED AS TOst ri
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EXHIBIT "A"
A parcel of land lying within the road right-of-way of West Avenue and lying East of the
outlot and Lot 1, and a portion of Lot 2, both of Block 1, "AMENDED PLAT
FLEETWOOD SUBDIVISION" according to the Plat thereof as recoded in Plat Book 28
at page 34 and adjacent to Lot 27 of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION", according to the Plat thereof as recorded in Plat Book 21, page 83 both
of the Public Records of Dade County, Florida, being more fully described as follows:
Begin at the Southeast corner of the said out lot, the following course being along the
Easterly lines of said out lot, and said Lots 1 and 2; thence on a bearing of North for
206.01 feet to a point on a circular curve whose radius point bears East for 475.00 feet;
thence Southeasterly along said 475.00 foot radius curve leading to the left through a
central angle of 15-55'-21" for an arc of 132.00 feet to a point of tangency; thence South
15-55'-21" East for 29.67 feet to a point of curvature; thence Southeasterly along a 65.00
foot radius curve leading to the left through a central angle of 41-03'-15" for an arc of
46.57 feet to a point of reverse curvature; thence Easterly and Southerly along a 36.38
foot radius curve leading to the right through a central angle of 56-58'-35" for an arc of
36.18 feet to a point on a circular curve whose radius point bears a bearing of North for
20.00 feet; the following two (2) courses being along the exterior boundary of said Lot
27; (1) thence Northerly and Westerly along said curve leading to the left through a
central angle of 90-00'-00" for an arc of 31.42 feet to a point of tangency; (2) thence on a
bearing of West for 50.00 feet to the POINT OF BEGINNING.
Lying and being in the City of Miami Beach, Miami-Dade County, Florida.
3
EXHIBIT "B"
A parcel of land being a portion of Lot 27, "AMENDED PLAT OF AQUARIUM SITE
RE-SUBDIVISION" according to the Plat thereof as recorded in Plat Book 21 at page 83
and adjacent to the out lot as shown on the "AMENDED PLAT OF FLEETWOOD
SUBDIVISION", according to the Plat thereof as recorded in Plat Book 28, page 34 both
Plats of the public records of Dade County, Florida.
Commence at the Southeast corner of said out lot; the following two (2) courses being
along the Southerly line and its projection thereof of said out lot, said Southerly line also
being the Northerly line of said lot 27; (1) thence on a bearing of East for 39.15 feet to the
POINT OF BEGINNING of the hereinafter described parcel of land; (2) thence continue
on said bearing of East for 10.85 feet to a point of curvature; thence Southeasterly along a
20.00 foot radius curve leading to the right through a central angle of 90°-00'-00" for an
arc of 31.42 feet to a point of tangency; thence on a bearing of South along the Westerly
road right-of-way of West Avenue for 125.60 to a point on a circular curve whose radius
point bears West for 222.10 feet; thence Northwesterly along said 222.10 foot radius
curve leading to the left though a central angle of 14°-48'-00" for an arc of 5 7.3 7 feet to a
point of tangency; thence north 14°-48-00" West for 91.92 feet to the POINT OF
BEGINNING.
Lying and being in the City of Miami Beach, Miami-Dade County, Florida.
F:\atto\HELG\Forms covenants\Covenants\Bentley Bay\QCD Final 060906.doc
4
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. .
• •
RESOLUTION NO. 90-19880
KED: 1 9325r3 1 32
• N
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION
OF A PORTION OF THE ROAD RIGHT-OF-WAY OF WEST
AVENUE LYING EAST OF THE OUT LOT ANU LOT I, AND
A PORTION OF LOT 2, BOTH IN BLOCK 1, AMENDED r"1
PLAT FLEETWOOD SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE N
23 AND ADJACENT TO LOT 27, AMENDED PLAT OF 0
AQUARIUM SITE RE SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE
83, PUBLIC RECORDS, DADE COUNTY, FLORIDA; o
RELINQUISHING THE CITY'S RIGHTS IN A PORTION 0
p
OF THE PRESENT RIGHT-OP-WAY LYING IN LOT 27;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED IN FAVOR OF THE OWNER
OF LOT 27 FOR SAID PORTION OF LOT 27 UPON
REALIGNMENT OF WEST AVENUE.
WHEREAS, the Amended Plat of Fleetwood Subdivision was
recorded in Plat Book 28, Page 34 and the Amended Plat of Aquarium
Site Re Subdivision was approved and recorded in Plat Book 21, Page
83 both in the Public Records of Dade County, Florida.
WHEREAS, lying between said plats is a portion of the public
right-of-way known as West Avenue legally described as follows and
depicted on Exhibit A, attached hereto:
A parcel of land lying within the road right-
of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLA'1' OF AQUARIUM SITE RE
SUBDIVISION", according to the Plat thereof as
recorded in Plat Book.21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for
206.01 feet to a point on a circular curve
whose radius point bears East for 475.00 feet;
thence Southeasterly along said 475.00 foot
radius curve leading to the left through a
central angle of 15-55'-21" for an arc of
132.00 feet to a point of tangency; thence
South 15-55'-21" East for 29.67 feet to a point
of curvature; thence Southeasterly along a
65.00 foot radius curve leading t:o the left
through a central angle of 41-03'-15" for an
arc of 46.57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36.38 foot radius curve leading to the right
through a central angle of 56-58'-35" for an
arc of 36.18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20.00 feet; the following two (2)
courses being along the exterior boundary of
said Lot 27; (1 ) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-001-00" for an arc of
31.42 feet to a point of tangency; (2) thence
on a bearing of West for 50.00 feet to the
POINT OF BEGINNING.
1
'1 •
•
••
n1932%3133
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the Miami Beach City Commission has provided notice
of these vacation proceedings to the public; and
WHEREAS, the Miami Beach City Commission has held a public
hearing to determine whether vacation of the above-referenced
right-of-way would be in the best interest of the general public
welfare; and
WHEREAS, the vacation contemplated herein would legally
effectuate an existing realignment of the south end of West Avenue
to divert traffic on 6th Street to Alton Road; and
WHEREAS, the Miami Beach City Commission has made the
following determinations:
1. The right-of-way known as West Avenue is part of the City
of Miami Beach road system and, as such, the City of Miami Beach
holds this property in trust for the benefit of the public.
2. The City of Miami Beach City Commission, is duly vested
with the authority to vacate the above-referenced right-of-way.
3. The vacation of that portion of West Avenue more
particularly described above is found to be in the best interest
of the general public welfare.
4. The vacation and discontinuance of that portion of West
Avenue more particularly described above is found not to be for the
benefit of a purely private interest; and
WHEREAS, after due consideration of all of the facts and
circumstances, the City Commission of the City of Miami Beach finds
it to be in the best interest of the gene:al public welfare to
vacate, and disclaim any and all of the public's right, title and
interest in the following described portion of West Avenue
hereinafter described and depicted In Exhibit. "A" attached hereto:
A parcel of land lying within the road right-
of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT Of" AQUARIUM SITE H E
SUBDIVISION", according to the Plat thereof as
recorded in Plat Book 2] , page 63 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for
2
REC.. I 9325Pg3!34
• REE
' 206.01 feet to a point on a circular curve
whose radius point bears East for 415.00 feet;
thence Southeasterly along said 475.00 foot
radius curve leading to the left through a
central angle of 15-55'-21" for an arc of
132.00 feet to a point of tangency; thence
South 15-55'-21" East for 29.67 feet to a point
of curvature; thence Southeasterly along a
65.00 foot radius curve leading to the left
through a central angle of 41-03' -15" for an
arc of 46.57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36.38 foot radius curve leading to the right
through a central angle of 56-50' -'35" for an
arc of 36.18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20.00 feet; the folluwiny two (2)
courses being along the exterior boundary of
said Lot 27; ( 1) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00'-00" fox an arc of
31 .42 feet to a point of tangency; (2) thence
on a bearing of West for 50.00 Leet to the
POINT OF BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the City of Miami Beach has been in possession of the
following described property (also depicted on Exhibit B) for use
as a portion of the West Avenue right-of-way, although the same was
never dedicated of record:
A parcel of land being a portion of Lot 27,
"AMENDED PLAT OF AQUARIUM SITE RE-SUBDIVISION",
according to the plat thereof as recorded in
Plat Book 21, page 83 and adjacent to the out
lot as shown on the "AMENDED PLAT FLEETWOOD
SUBDIVISION", according to the plat thereof as
recorded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast corner of said out
lot; the following two (2) courses being along
the Southerly line and its projection thereof
of said out lot, said Southerly line also being
the Northerly line of said lot 27; (1) thence
on a bearing of East for 39.15 feet to the
POINT OF BEGINNING of the hereinafter described
parcel of land; (2) thence continue on said
bearing of East for 10.85 feet to a point of
curvature; thence Southeasterly along a 20.00
foot radius curve leading to the right through
a central angle of 900-00'-00" for an arc of
31.42 feet to a point of tangency; thence on
a bearing of South along the Westerly road
right-of-way of West Avenue for 125.60 to a
point on a circular curve whose radius point
bears West for 222.10 feet; thence •
Northwesterly along said 222.10 foot radius
curve leading to the left through a central
angle of 140-4d'-00" for an arc of 57.3a feet
to a point of tangency; thence north 14 -48'-
00" West for 91.92 feet to thu POINT OF
BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the City of Miami Beach wishes to relinquish
possession and any right of use in the above-described property
3
•
• r
I9325C3t 35
which may'have• accrued over time or which wi l l accrue to the City
• of Miami Beach in the future and to execute a quitclaim deed for
said properly upon realignment of West Avenue.
NOW THEREFORE BE IT DULY RESOLVED UY THE E CITY COMMISSION OI''
THE CITY OP MIAMI BEACH, FLORIDA as follows:
1 . Thal the City of Miami Beach does hereby vacate, abandon
and disclaim all of the public's right, title and interest in and
to that portion of West Avenue more particularly described as
tollows:
A parcel of land lying within the road right-
• of-way of West Avenue and lying Eas t. of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION", according to the flat thereof as
recorded in Plat Book 21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for
206.01 feet to a point on a circular curve
whose radius point bears East for 475.00 feet;
thence Southeasterly along said 475.00 foot
radius curve leading to the left through a
central angle of 15-55'-21" for an arc of
132.00 feet to a point of tangency; thence
South 15-55'-21" East for 29.67 feet to a point
of curvature; thence Southeasterly along a
65.00 foot radius curve leading to the left
through a central angle of 41-03' -15" for an
arc of 46.57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36.38 foot radius curve leading to the right
through a central angle of 56-58' -35" for an
arc of 36.18 feel to a point on a circular
curve whose radius point bears a bearing of
North for 20.00 feet; the following two (2)
courses being along the exterior boundary of
said Lot 27; (1) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00'-00" for an arc of
31.42 feet to a point of tangency; (2) thence
on a bearing of West for 50.00 feet to the
POINT OF BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
2. The City of Miami Beach hereby relinquishes possession
and any right of use in the following described property which may
have accrued to the City of Miami Beach ova•. time or which may
accrue to the City of Miami Beach in the future:
A parcel of land being a portion of Lot 27,
".AMENDED PLAT OF AQUARIUM SITE RE-SUBDIVISION",
according to the plat thereof as recorded in
Plat Book 21 , page 83 and adjacent to the out
l o t as shown on the "AMENDED PLAT FLEETWOOD
SUBDIVISION", according to the plat thereof as
4
_ _
R1E 19325PG3!36
'• recorded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast corner of said out
•
lot; the following two (2) courses being along
the Southerly line and its projection thereof
of said out lot, said Southerly line also being
the Northerly tine of said lot 27; (1) thence
on a bearing of East for 39.15 feet to the
POINT OF BEGINNING of the hereinafter described
parcel of land; (2) thence continue on said
bearing of East for 10.85 feet to a point of
curvature; thence Southeasterly along a 20.00
foot radius curve leading to the right through
a central angle of 90o-00'-00" for an arc of
31.42 feet to a point of tangency; thence on
a bearing of South along the Westerly road
right-of-way of West Avenue for 125.60 to a
point on a circular curve whose radius point
bears West for 222.10 feet; thence
Northwesterly along said 222.10 foot radius
curve leading to the left through a central
angle of 14°-48'-00" for an arc of 57.32 feet
to a point of tangency; thence north 14 -48'-
00" West for 91.92 feet to the POINT OF
BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
3. Notwithstanding the foregoing, the City of Miami Ueach
has and reserves the right to continue using the property set forth
in paragraph 2 above for temporary road purposes only until such
time as realignment of West Avenue is complete, and from and after
such date the temporary use shall cease and terminate.
4. Upon realignment of West Avenue, the Mayor and City Clerk
are authorized to execute a quitclaim deed in favor of the owner
of Lot 27 for the property set forth in paragraph 2 above, which
will also confirm relinquishment of the temporary right referred
to in paragraph 3 above.
PASSED and ADOPTED this 17th day ofJanuary , 1990.
1
j(ejt.47
VICE-MAYOR
ATTEST:
?
CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
Date /,'7/50 _
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..,--.7:7:-":-..?. STATE or LQP1DA _ ti
• - . - - , COUNTY of DADE: C w g c CITY of MIAMI BEACH
v,:..- • - . • NOTICE TO THS PUBLIC --
" -- NOTICE IS HEREBY given that a public hearing wilt be held by
Before the underslyr�ed authority personally•ppea the Miami Beach City Commission,on Wednesday,January 17,
••• / /, ,.,— (_. . ,i' ,•• c , 1990,at 3:00 p.m.in the Commission Chambers.City Nall,1700
•' - ( Convention Center Drive.Miami Beach.Florida,to consider
•
r • who on oath saysthat he/she is Vacation of excess right-of-way created by the alignment oft e
West Avenue west curve at 6th Street,being a portion of the road
• _ _ '.--"Pr.—. �. << _ ,c.,r right-of-way of West Avenue lying east of the outlot and Lot 1.and
- portion of Lot 2.both in Block I.Amended Plat.Fleetwood Sub-
-. • - alon,according.to the plat thereof recorded in Plat Book 28.
• - - . - • " 23.and adjacent to Lot 27.Amended Plat of Aquarium Site
• of The Miami herald. a daily neon aper published at . — ' ion. according to the plat thereof recorded in Plat
Miami in Dade County,rlerldei that the attached copy of ' •. Book 21.page 83,Public Records of Dade County.Florida.
- advertisement was pulished in said newspaper in the •�
• issues e! �, 1 ,IR1E5 concerning this item should be directed to the Public
• � ,/r-, . .Department at 673-7620.
- .%),�n � �� •o-ems .l -.
` _ _ -*ITER. PARTIES are invited to attend and will be
- i Elaine M.Baker
•-• . .. • ., pi
- _
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�:E{,:����ztfatf D 07/10/206. ) 094.345
HARVEY RUViNr CLERK OF CUR('
This instrument was prepared by:
Name: Alan W.Levine,Esq.
Address: Levine&Partners,P.A.
1110 Brickell Ave.,7th Floor
Miami,FL 33131
(Space reserved for Clerk)
DECLARATION REGARDING THE MAINTENANCE OF PAVER SIDEWALK
SYSTEM AND TREES/LANDSCAPING IMPROVEMENTS WITHIN THE RIGHT-OF-
WAY
THIS DECLARATION REGARDING MAINTENANCE OF SIDEWALK AND
TREES/LANDSCAPING IMPROVEMENTS (the "Declaration") is made this day of
2006, by Florida Development Associates, Ltd., a Florida limited partnership (the
"Owner") and the Bentley Bay Condominium Association, Inc. a Florida not-for-profit
corporation (the "Association") in favor of the City of Miami Beach, Florida, a
municipality of the State of Florida (the "City").
WITNESSETH :
WHEREAS, the Owner holds fee-simple title to the real property (the Master
Parcel") as legally described in Exhibit"A" attached hereto and as described in that certain
Declaration of Condominium for the Bentley Bay Condominium which was recorded on
March 31, 2005 in Official Records Book 23222, at Page 1234 , of the Public Records of
Miami-Dade County, Florida (the "Declaration of Condominium"); and
WHEREAS, the Owner has constructed the condominium project known as the
"Bentley Bay Condominium" upon the Master Parcel (the "Project") and, in connection
. 7 7: • h the construction of the Project, Owner has installed a brick paver sidewalk and
.f' is fir-
•
driveway system (collectively, the "Paver System") and Trees, Landscaping and Tree
Grates (collectively, the "Landscaping") upon the public sidewalks located along West
Avenue which is a Public Right-of-Way abutting the Project and within the Master Parcel
over existing utility easements ("Right-of-Way and Utility Easement Area"); and
WHEREAS, the brick paver system within the Right-of-Way and Utility Easement
Area is not a standard system and material used by the City within the right-of-ways; and
WHEREAS, the Association has been formed by the Owner to act as the governing
body for the Project and is responsible for maintaining the common elements of the
Project, all as more particularly provided in the Declaration of Condominium; and
WHEREAS, the City has requested a covenant from the Owner and Association to
insure that the Paver System and Landscaping installed by or on behalf of the Owner will
be maintained in a satisfactory manner in perpetuity without cost or obligation to the City
for as long as the City does not require its removal and replacement with a typical concrete
sidewalk or asphalt paving system.
NOW, THEREFORE, the Owner and Association voluntarily covenant and agree
that the Master Parcel shall be subject to the following provisions that are intended and
shall be deemed to be covenants running with the land and binding upon the Owner and
Association, their successors in interest and assigns, as follows:
1. Preamble. The recitals and findings set forth in the preamble of this Declaration are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2
2. Membership in Association. The Owner and its successors and assigns, shall
automatically be members of the Association for as long as the Association shall remain in
existence. The Owners, as well as their successors or assigns, shall be required to be
members of the Association and shall remain subject to the burdens and benefits of
membership for as long as the Association shall remain in existence.
3. Maintenance Obligations. The Association shall be required to perform
maintenance on all of the Paver System as necessary from time to time to insure that the
Paver System shall, at all times, remain in proper condition. Such maintenance obligation
shall include the repair and/or replacement of broken or cracked brick pavers and
maintaining the Paver System in a level condition so as not to create a tripping hazard for
pedestrians. The Owners or Association shall be responsible to restore the Paver System
and Landscaping within a reasonable time not exceeding 30 calendar days, following
"Acts of Nature" or a permitted Utility Company or Contractor's maintenance, repair
and/or replacement of any portion of the curbs, gutters, storm drains, utility facilities,
roadways or other improvements abutting and/or lying under the Paver System, all of
which are located within the City's Right-of-Way and Utility Easement Area. The City,
Utility Company or Contractor shall make all necessary effort to salvage and store on site
the Paver System salvageable material and shall provide a temporary restoration surface
with a City standard material such as cement or asphaltic concrete.
4. Failure to Maintain Improvements. In an instance where the City has determined
after reasonable investigation that the Association has not adequately maintained the
3
Paver System, or following an inspection the City determines that the surface elevations
vary more than ± 1/4" under a 10 ft straightedge, or when the City's Parks Department
deems that Landscaping is not properly maintained and after having given the
Association at least thirty (30) calendar days written notice of and opportunity to cure the
condition of the Paver System and/or Landscaping, the Owner and Association
acknowledge that the City, as the affected local government, has the power and standing
to initiate, or intervene in, any proceeding relevant to the condition or maintenance of the
Paver System and/or Landscaping. The Owner and Association and their respective
successors and assigns hereby forever waive any objection to such standing, initiation or
intervention by the City (after notice and an opportunity to cure as set forth above).
Further, the City has the right to terminate this covenant and replace the paver system
within the right-of-way, following the 30 calendar days written notice. All replacement
expenses incurred by the City shall be reimbursed by Owner or Association. Any expenses
for restoration not reimbursed to the City shall constitute a lien against the Project. Owner
and Association do not reserve any procedural rights to dispute the City's Notice to
Terminate.
5. City's Power to Compel Maintenance. Subject to thirty (30) calendar days notice of
and opportunity to cure the condition of the Paver System and/or Landscaping, the
Owner and Association acknowledges the power of the City to take actions to require the
Owner and/or Association to maintain the Paver System and/or the Landscaping
according to reasonable minimum maintenance standards that are applicable to other such
4
f
similar improvements within the City, including repair and/or replacement of the Paver
System and/or Landscaping at Owner or Association's expense, and/or trim, remove or
replace Landscaping as may be necessary, should the Owner or Association fail to perform
their obligation to achieve such minimum maintenance standards. All such repair,
maintenance or replacement expenses incurred by the City shall be reimbursed by Owner
or Association. Any expenses for restoration not reimbursed to the City shall constitute a
lien against the Project
6. No City Financial Obligation or Third Party Beneficiaries. The Owner and
Association acknowledge that the City has and will have no financial obligations or
liability for the improper maintenance of the Paver System and/or Landscaping , which
are appropriately within the obligations of the Owner and Association to maintain as
provided herein. It is the intention of the parties hereto that no third party beneficiary
rights are created or acknowledged through this Declaration.
7. Term of Declaration. This voluntary Declaration shall remain in full force and effect
and shall be binding upon the Association and Owner, their successors in interest and
assigns for an initial period of thirty (30) years from the date this instrument is recorded in
the public records, and shall be automatically extended for successive periods of ten (10)
years, unless modified, amended or released prior to the expiration thereof or terminated
by the City with a 30 calendar day written notice.
8. Modification. This Declaration may be modified, amended or released as to any
portion of the property encumbered by this Declaration by a written instrument executed
5
l
by the then owner of the fee-simple title to the land to be affected by such modification,
amendment or release providing that same has been approved by the Director of the
Public Works Department. Should this instrument be so modified, amended or released
the Director of the Public Works Department, or his successor, or other administrative
officer with jurisdiction over the matter, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment or release.
9. Severability. Invalidation of any provision of this Declaration by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full
force and effect.
10. Recording. This Declaration shall be recorded in the Public Records of Miami-Dade
County, Florida, at the cost of the Owner.
11. City Inspection. It is understood and agreed that any official inspector of the City
may have the right at any time during normal working hours of investigating the use and
development of the Paver System and/or Landscaping, to determine whether the
conditions of this Declaration and the requirements of the City's building, zoning, land
development regulations and minimum construction and maintenance standards relating
to the Paver System and Landscaping are being complied with. The minimum
construction standards shall be according to the latest Technical Specifications of ICPI
(Interlocking Concrete Pavement Institute) Standards for the Paver System
12. Hold Harmless and Indemnification. The Owner and Association agree to hold
harmless, indemnify and defend the City and its elected and appointed officials, and
6
.i,
employees ("City"), from and against any and all actions, lawsuits, claims, liabilities,
damages, judgments, sums of money, losses and expenses, in law or in equity, including,
but not limited to, attorneys' fees and costs at the trial court and all appellate levels, which
may arise or he alleged to have arisen in connection with the approval, installation and
maintenance of the Paver System on or abutting the subject public right-of-way. The City
shall have the right to select counsel at rates then prevailing in Miami-Dade County,
whose fees and costs the Owner and Association will pay.
13. Enforcement. An action to enforce the terms and conditions of this Declaration
relating to the Paver System and/or Landscaping may be brought by the City and may be
by action at law or in equity against any Owner or the Association, their successors and
assigns violating or attempting to violate any such provision of this Declaration, either to
restrain violations or to recover damages. The prevailing party in the action or suit shall
be entitled to recover costs and reasonable attorneys' fees, at all levels of trial and appeal.
This enforcement provision shall be in addition to any other remedies available under the
law.
IN WITNESS WHEREOF, the Owner and Association have duly executed this
Declaration as of the day and year first above written.
[Signature Page Follows]
7
OWNER:
Signed, Sealed and Delivered
In Our Presence: FLORIDA DEVELOPMENT
ASSOCIATES, LTD., a Florida limited
partnership
By: BentleyBayGP Corp., a Florida
Fro.&441:." �• K.ersl� corporation, as its General partner
77 /7-
Ufra By:
--Mti A� � Name: � � 4/L//K/ /f /
L--
/�I�I !"/ C /dam
Title: /%1)7 i�17���rli s 7,4/4-
Title:
ASSOCIATION:
BENTLEY BAY CONDOMINIUM
ASSOCIATION, INC. a Florida not-for-
� ii /f profit corporation
c /1-1,4GZ‘
By:
o M Mac!ie-y- Name: /,. ./1/,
Title: fit'
Cit engineer Dated
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AP./oved as to form
& language & for
ution
tt Oft
_y AV o rney -� ated
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8
t�J
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT was acknowledged before me this 20 day of �0 kIL ,
2006 by ?PrQ. 1 E. NOkPt4L , as PiAQNt 2trL.of Bentley Bay GP Corp., as General
Partner of FLORIDA DEVELOPMENT ASSOCIATES, LTD., a Florida limited partnership.
drShe is personally known to me oi— - • --ate
identifieatien.
r
My Commission Expires: cid/i„,, i N ..tx
TY Notary Public State of Florida NOTARY PUBLIC. State of Florida
ti^ Karen G McGill
4
M Commission DD389394
%-op ri EM ires 01/2412009 Print Name: KACE4 6.• H c Cr1 LL
P
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT was acknowledged before me this 2-0 day of
TJl , 2006 by 644e92(6. MUAt{AL , as PQ.. SIDEN i of BENTLEY
B Y CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation.
H /ate is personally known to me e - . - . .. • -• ---.
.a-icie
n.
r
My Commission Expires: 41 •
)21
,..', a_..Notary Public State of Florida..104W=WI.N.Y......01/C..W.
NOTARY PUBLIC. State of Florida
Karen G McGill
?,%, My Comm) tog0389394ssion Print Name: A . H c Cr I LL
*J..LY�
F:\atto\HELG\Forms covenants\Covenants\Bentley Bay\CMB Maintenance covenant w landscaping.052606.doc
9
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Exhibit A
Legal Description of Master Parcel
Lots 1 and 2 and the Outlot, in Block 1, of "AMENDED PLAT OF FLEETWOOD
SUBDIVISION" according to the plat thereof, as recorded in Plat Book 28 at Page 34 of the Public
Records of Miami-Dade County, Florida: TOGETHER WITH the right-of-ways vacated per
Resolution No. 90-19880 passed and adopted January 17, 1990; TOGETHER WITH Lots 26 and 27
or"AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", according to the plat thereof as
recorded in Plat Book 21 at Page 83 of the Public Records of Miami-Dade County, Florida. Said
lands lying in and being in the City of Miami Beach, Florida. Said lands containing 69,321 square
feet more or less.
AND
Lots 24 and 25, of `AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", according to
the plat thereof as recorded in Plat Book 21 at Page 83 of the Public Records of Miami-Dade
County, Florida; TOGETHER WITH that certain twenty-five (25) foot wide strip of land lying to
the South of said Lot 24 between said :Lot 24 and Lots 20, 21, 22, and 23, of `AMENDED PLAT
OF AQUARIUM SITE RESUBDIVISION", according to the plat thereof as recorded in Plat Book
21 at Page 83 of the Public Records of Miami-Dade County, Florida. Said lands lying in and being
in the City of Miami Beach, Florida. Said lands containing 15,181 square feet more or less.
v T A CE OF FL O r J N=C'.,: .!'p i V'•.1 ..'%.,—i— ,,y✓ t .
i-REig v CERT/T:`%f& tn;S IS a c:.."..-b,;‘,/.) ,'''€
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10
ORIGINAL
:..ESOLU ION NO. 90-19880
Approving the vacation of a portion of the
road right-of-way of West Avenue lying
east of the Out Lot and Lot 1, and a
portion of Lot 2, both in Block 1, amended
Plat Fleetwood Subdivision according to
the Plat thereof as recorded in Plat Book
28, page 23 and adjacent to Lot 27,
amended Plat of Aquarium Sit Re Subdivi-
sion according to the Plat thereof as re-
corded in Plat Book 21, page 83, Public
Records, Dade County, Florida; relinquish-
ing the City's rights in a portion of the
present right-of-way lying in Lot 27; and
authorizing the Mayor and City Clerk to
execute a quitclaim deed in favor of the
owner of Lot 27 for said portion of Lot 27
for said portion of Lot 27 upon realig-
ment of West Avenue.