HomeMy WebLinkAboutQuit Claim Deed 7/18/01
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This InSlnIment Prepared By
Raul J. Aguila, Esq.
c/o City of Miami Beach
City Attorney's Office
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
QUIT-CLAIM DEED
THIS QUIT CLAIM DEED, made this I rtCday of .:J'1i Uj , 2001, by first party, CITY OF
MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, ("Grantor"), whose address
is 1700 Convention Center Drive, Miami Beach, FL, 33139, to second party, LINCOLN 845 LLC, a Florida
Limited Liability Company, ("Grantee"), whose address is 9200 South Dadeland Blvd., Suite 508, Miami,
FL,33156.
WITNESSE1H, that the first party, for good consideration and for the sum ofTEN DOLLARS AND
NO/lOO ($10.00) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit-claim unto the said second party, pursuant to City of Miami Beach Resolution No.
2001-24527, all right, title interest and claim which the said first party has in and to the following described
parcel of land and improvements and appurtenances thereto in the County of Miami-Dade, State of Florida
to wit:
A PARCEL OF LAND LOCATED ADJACENT TO AND CONTIGUOUS WI1H THE
SOU1H LINE OF 1HE WEST Yz OF LOT 1, BLOCK 36, AMENDED PLAT OF GOLF
COURSE SUBDIVISION, RECORDED IN PLAT BOOK 6 AT PAGE 26 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, and described as below:
Commence (P.O.C.) at the intersection of tangents at the N.E. corner of Jefferson Avenue
and Lincoln Road and run Easterly along the North Line of Lincoln Road, a distance of
73.75 feet to the Point of Beginning (P.O.B.) of the referenced Parcel of Land; thence
continue along the last mentioned course a distance of 16.75 feet; thence deflecting 900 to
the right, run South 1.00 foot; thence deflecting 900 to the left, run Westerly 16.75 feet to
a point; thence run Northerly 1.00 foot to the Point of Beginning (P.O.B.).
("The Property").
This Property herein conveyed to Grantee for so long as the Restrictive Covenants attached and
incorporated as Attachment "A" hereto are adhered to. In the event that any or all the Restrictive Covenants
attached hereto are violated, the vacation and sale of the Property shall be null and void and the Property,
and all right, title, and interest vested in Grantee and/or its successors in interest, will automatically revert
back to Grantor, for right-of-way purposes, at no cost to Grantor. Such conditions, as set forth in the
Restrictive Covenants attached and incorporated as Attachment "A," to remain in effect for twenty-one (21)
years from the date of recordation of this Quit-claim Deed with the Office of the Clerk of Miami-Dade
County, Florida, in accordance with Section 689.18, Florida Statutes, or longer if Florida Law so allows.
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IN WITNESS WHEREOF, Grantor has caused its corporate seal to be hereunto affixed and
this instrument to be signed by its duly authorized officials on the day and year first above written.
GRANTOR:
Signed, sealed and delivered in our presence.
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Print Name: SA!vt)(J..A m~itf2-
~a:-HltIl:>IAI'
By:
BEACH, a Florida
. David Dermer
Title: Mayor
Attest: _~(r f ~
Name: Robert Parcher
Title: City Clerk
Grantor's Address: 1700 Convention Center Dr.
Miami Beach, FL 33139
Attention: City Manager
STATE OF FLORIDA )
) S S:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of
Florida and in Miami-Dade County to take acknowledgements, personally appeared David Dermer,
the Mayor of The City of Miami Beach, a Florida Municipal Corporation, who executed the
foregoing instrument on behalf of said city and who acknowledged to and before me that he did so
voluntarily and for the purposes set forth herein, and who is personally known to me.
MSS my Iwld and official,..J in lbo Mi"",i-Dado County, Florida !hi, /S'-H, day of
,200i:Z-
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N ary Public, Stafe of Florida ,
Name: L- / /, AN 731' t:I ()~ h"l't1~
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My Commission Expires:
OFFICIAL NarARY SEAL
LILLIAN BEAUCHAMP
NarARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC738372
MY COMMISSION EXP. APR. 29,2002
Commission No.:
(Seal)
Ct!., ? 33 3'1 V
APPROVED AS TO
FORM & LANGUAGI
a FOR EXECUTION
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This Instrument Prepared By
Raul J. Aguila, Esq.
clo City of Miami Beach
City Attorney's Office
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
ATTACHMENT A:
RESTRICTIVE COVENANTS
The following covenants shall be part of the QUIT-CLAIM DEED transferring the below described
property from the CITY OF MIAMI BEACH, FLORIDA to LINCOLN 845, LLC.
THESE COVENANTS are entered into this /[fLday of~, 2001, by the CITY OF
MIAMI BEACH, FLORIDA, a municipal corporation, herein referred to !s "City," and LINCOLN 845,
LLC, a Florida Limited Liability Company, herein referred to as "Lincoln 845," and shall be effective for
a period of twenty-one (21) years from the date of recordation with the Office of the Clerk of Miami-Dade
County, Florida, in accordance with Section 689.18, Florida Statutes, or longer if Florida Law so allows.
WHEREAS, the above mentioned recitals make Lincoln 845 the fee simple titleholder of the
property legally described as:
A PARCEL OF LAND LOCATED ADJACENT TO AND CONTIGUOUS WITH
THE SOUTH LINE OF THE WEST Y2 OF LOT 1, BLOCK 36, AMENDED PLAT
OF GOLF COURSE SUBDMSION, RECORDED IN PLAT BOOK 6 AT PAGE
26 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, and
described as below:
Commence (p.O.C.) at the intersection of tangents at the N.E. corner of Jefferson
Avenue and Lincoln Road and run Easterly along the North Line of Lincoln Road,
a distance of73.75 feet to the Point of Beginning (p.O.B.) of the referenced Parcel
of Land; thence continue along the last mentioned course a distance of 16.75 feet;
thence deflecting 900 to the right, run South 1.00 foot; thence deflecting 900 to the
left, run Westerly 16.75 feet to a point; thence run Northerly 1.00 foot to the Point
of Beginning (p.O.B.).
("The Property"); and,
WHEREAS, Lincoln 845 owns the Property at 824-845 Lincoln Road, legally described as the west
y, of Lot 1, Block 36 of Amended Plat of Golf Course Subdivision, as recorded in Plat Book 6, Page 26 of
the Public Records of Miami-Dade County, Florida; and
WHEREAS, Lincoln 845 is proposing a full restoration of 825-845 Lincoln Road which requires
the restoration of an original tower element in the front of the building; and
WHEREAS, the restoration of this tower, in accordance with the City of Miami Beach's Historic
Preservation Board's condition, would require use of an approximately 1 by 17 foot strip of the adjacent
Lincoln Road right-of-way; and
WHEREAS, in order to construct upon said public right-of-way, Lincoln 845 requested that the City
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vacate the aforementioned strip of the right-of-way, and thereafter sell said vacated portion to Lincoln 845,
as memorialized by the aforementioned Quit-claim Deed; and
WHEREAS, Lincoln 845 has submitted and complied with the application requirements for the
vacation of a City owned right of way; and
WHEREAS, the City and Lincoln 845 have complied with the procedures set forth by City of Miami
Beach Ordinance No. 92-2783, which establishes the procedures for the sale and/or lease of City property;
and
WHEREAS, the Mayor and City Commission approved the vacation and sale of the Property
pursuant to City of Miami Beach Resolution No. 2001-24527, attached and incorporated as Attachment "A-
I".
NOW THEREFORE, as part of the consideration for the City's vacation and sale of the Property,
the City and Lincoln 845 hereby make and declare the following Restrictive Covenants which shall run with
the title to said Property and be binding on Lincoln 845 and its successors in interest, if any, for the period
stated in the recitals above:
1. The above recitals are incorporated herein as if fully set forth.
2. Lincoln 845 agrees to timely pull the appropriate City building permits and any other permits
necessary for restoration and/or improvements on the Property.
3. Lincoln 845 agrees not to allow its City design approvals, building permits and/or other
permits related to restoration and/or improvement of the Property, lapse or expire.
4. Upon construction of the improvements on the Property, Lincoln 845 agrees not to
discontinue use of the Property for the above-intended use as a restored historical tower, for a period of more
than 180 days.
5. In the event of a violation by Lincoln 845 of the Restrictive Covenants set forth herein at
any time during the effective period for same, the Property, and all right, title, and interest vested in Lincoln
845 LLC and/or its successors in interest, will automatically revert back to the City of Miami Beach, Florida,
for right-of-way purposes, and Lincoln 845, and/or its successors in interest, shall restore said property to
its original condition as a right of way, at no cost to the City.
6. Lincoln 845 agrees to file and record these Restrictive Covenants with the Office of the
Clerk of Miami-Dade County, Florida, and shall pay any and all expenses associated with their filing and
recordation.
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IN WITNESS WHEREOF, Lincoln 845 and the City have read these Restrictive Covenants and have
caused these Restrictive Covenants to be executed in their names by its undersigned duly authorized officers
and their corporate seals to be hereunto affIxed, as ofthe ~ day o(f~("t);.,.k?: 2001.
Signed, sealed and delivered in the presence of:
Witness:
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PrintName:~ ~,<d2-
~l
Print Name: ie ed1WlU1l: ~nj
LINCOLN 845, LLC, a Florida limited
liability company
By: LINCOLN 845, LLC, a Florida limited
liab'li company
BEACH, FLORIDA,
oration
. avid Dermer
Title: Mayor
Attest:~A- r~
Name: Robert Parcher
Title: City Clerk
~A8TO
fORM a LANGuAGE
&fIORlXECunoN
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STATEOFF~rJf\J jJ~k )
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COUNTY OF 1:IL~a.II-BiWE
f-k\tJ yvl/J
I HEREBY CERTIFY that on this day, before me, aft vfti"". 8lHy ft11tkerizea in tl\eStllte af
Fl"nga at,,1 in Micuni-f)aB" Cou1lty tEl take aeIm6.\kdgcrneats,- personally appeared
~l(~^E\. f!1t-scjJllfJ/1-A! ,the 11f.J1(j~fl of Linco1n 845 LLC, a Florida
limited liability company, who executed the foregoing instrument on behalf of said company and
who acknowledged to and before me that he did so voluntarily and for the purposes set forth herein,
and who is personally known to me or produced as
identification.
M:'w /:mIL/( Nt;
WITNESS my hand and official seal in the MialIli- G COM , FLi.ta this .ii!!day of
1>t:U'1&'tt.. ,2001..
-NO~~IVI
Name:
MyConmllssion Expires:
. . MICHAEL I. TOUSSIE CPAJPFS
ComnusslOn No.: Notary Public. State of New York
(8 I) No. 31-4742215
ea Qualified In New York County " ~
Commission Expires July 31. 20ibl
STATE OF FLORIDA
)
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)
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an officer du1y authorized in the State of
Florida and in Miami-Dade County to take acknowledgements, personally appeared David Dermer,
the Mayor of The City of Miami Beach, a Florida Municipal Corporation, who executed the
foregoing instrument on behalf of said city and who acknowledged to and before me that he did so
voluntarily and for the purposes set forth herein, and who is oersonallv known to me or pl'eQaGea-
as identification.
/c tI,
~ WITNESS my hand and official seal in the Miami-Dade County, Florida this ~ day of
Z/.J.u1 ,200y':>-- Ju.
N~bli,,^;e~
Name: 1 i///,,#/. ,(JIVthIiH#
I
Commission No.: t!. ~ 73)>3 7:l--
(Seal)
My Commission Expires:
OFFI NC1fARYSEA
ULLIAN BEAUCHAMP
NC1fARY PUBUC Sf ATE OF l'LORJDA
COMMISSION NO. CC738372
RJNrtd MY COMMISSION EXP. APR. 29,2002
825-845_lincolJd_2_(final).doc -'
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