85-18226 Reso
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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-2065l2, 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.
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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-2065l2,
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 descr ibed herein may be utilized by Grantor,
its successors and ass igns in determining the applicable zoning
setback requirements"; and
WHEREAS, South pointe Development has tendered to the
Ci ty of Miami Beach a Release of Reservations and Restr ictions,
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.
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Attest:
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CITY CLERK
Approved as to Form:
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LEGAL DEPARTMENT
PNB/jhd
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
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IPICIAL WAlMNn DIID '. ..... ... 2I~ 1 2 5' 6 6 P G 2 9 1 4 ItAMCO 1'0ltM oa
This JOtrial "'arrantu Iud Made the <irH day of July, A. D. 1985 by
SOUTH POINTE DEVELOP~NT COMPANY, a Florida corporation
h.reina/'.r cail.cl th. grantor. to CITY OF MIAMI BEACH, a lIUnicipal corporation organized
pursuant to the laws of the State of Florida
who.e po.tof/ice aJdreu is 1700 Convention Center Drive, Miami Beach, Florida 33139
heninaf ter call.cl th. grant..:
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IW1lenwr UIeCI hereift 11M Ie... "Ihlttar" ucI "v.allree" iftduck .II tile partin to tIliI iMtnameftt ud
11M hein, lel.J repraefttali\-es ud ....... of incliv,duala. ucI 11M IUCC...., ucI _po 01 corporaliolll)
1tIilntsstlh: That the grantOl', lor and in coruideralion of the .urn of $ 10.00
vallUlble coruielerattoru. receipt whereof is hereby QC~nowledged, hereby gran". bcuvairu. .elu,
mile., reletUe.. convey. ant{ confimu unto the grantee. all that certain land .ituate in Dade
County. Florida. viz:
and other
alieru. ,....
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.~~~ . Page~,
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.
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, with all the tenemen". hereditament. and appurtenance. therelo belonging or in any-
wise appertaining.
J IJ ){aut and to JlDId, the.ame in fee .imple forever.
And the grantor hereby covenant. with .aiel grantee that the grantor it lawfully .eized of .aiel land
in /.. .imple; that the grantor htll good right and lawful authority to .ell and convey .aiel Iancl. and here-
by warrant. the title to .aielland and will defend the .ame agairut the lawful clairru 0/ all "."oru claiming
by, through or under the .aid grantor.
In ltfitnfss ltfhtrtof, the .aiel grantor
STATE OF FLOR.IDA,
COUNTY OF
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I HEREBY CEllTIFY that OD this day, before me, an
afo id to take acknowledgmenu1. j)eI'IQnally aDDeared
, ' " respec~1ve~y, of~-~-
'1!'c;er uly au .0 . in the State ,aforesait and ~ th
SOUTH POINTE DEVELOPMENT COMPANY.
to me known to be the penon s delCribed in and wbo executed the foregoing in.trwnent and
before me that they executed the aame.
WITNESS my band and official leal in the County and State lut aforesaid thil
July, A. D. 1985.
they. acknowledged
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W.A. Friedlander, Esq. /'J,G[,~ .~ _
7820 - 38th Avenue North 17
St. Petersburg, FL 33710
This l/lslrtllI/t'l/1 prrpamf hy:
, Addri'ss
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A 6.00 Foot bdway Dedication:
Legal Description:
'!he 6.00 foot Roadway Dedication b~~ a part or. the C.H. .UJm Property
am Collins Avf!!ttUl! (now closed) t South of B1scayne Street, all as shown
on sa.1re BEACH PARK SUBDIVISION, Recorded 1n Plat Book 6 at ~ 77 of
the Public Recorda of !)&de County, Florida. '!he ~treet, Avenues, and
Drive mentioned. in the follC1ldng descriotion are as shown on the above-
mentiCX1ed Recorded Plat:
Begin (P .O.B.) at the intersection of the South Line of Biscayne Street
w the Easterly line of Washington Avenue and IWl N. 8.,038'57" E. along
the Southerly l1ne of B1sc~e Street,' crossing Collins Avenue a distance
of 713.71 feet, lI'I)1"'8 or less, to a Point of Intersection (P.I. ~ with the
project1a\ So.ltherly of a line 15.00 feet Easterly of the Easterly l1ne
of Block 112, OCEAN BEACH, Fla., Addition No.4, Recorded in Plat Book 3
at Page 151 of the Public Records of I:8de County, Florida, said Easterly
line being the Easterly line of the ex1sting 70.00 foot Right-of-Ws..v of
Ocean Drive; 'lbence run S. 10047'35" W. along the projection Southerly of
the Easterly line of Ocean Drive, a distance of 6.16 feet to a point;
'!hence run S. 8~8'57" W. along a line parallel to and 6.00 feet distant
Southerly of the Northerly line of Biscayne Street t crossing Collins
Avenue (now closed), a distance of 713.71 feet, more or less, to the
Easterly line of Washington Avenue; '!hence run N. 10047'35" E. aloog the
Easterly line of Washington Aver,'.:..e, a distance of 6.16 feet to the Point
of Beg1nn1ng (P .O.B. ) .
Area of Dedication is 4,281 square feet, roore or less, or o. 098 ac~s,
more or less.
July 3, 1985
SURVEYOR'S Cllil'll'ICAIffi
WE HEREBY Cl:!Jtl'J.Ft: to South Pointe Developnent Canpany, the C1 ty of
Miami Beach, Lawyers Title Insurance Co. of Richmond, and Centrust
Savings Bank, that the :information shown hereon and on Sheet 2, is
true and correct to the best of our lmowledge and belief. .-...... ...;.,....',
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Of DADI COUll1\', NlIIIAo .-It
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RlCHARD IL BRIND&
CLERK Clllf:lJIT rOURT
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Sketch to accanoan,v 6.00 Foot Roadwav Dedication
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RELEASE OF RESERVATIONS AND RESTRICTIONS
THIS RELEASE is made this 9~ day of September, 1985, by SOUTH
POINTE DEVELOPMENT COMPANY, a Florida corporation (herein .SPOC.).
WHEREAS, SPOC 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 SPOC, to-wit:
"The real property described herein may be
utilized by Grantor, its successors and assigns
in determining the applicable zoning set back
requirements."; and
WHEREAS, SPOC 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 SPOC, in consideration of
the sum of ONE DOLLAR (Sl.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
Exh ib it A hereto, and the City of Mi ami Beach fran the above rec ited
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.
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VELOPMENT COMPANY
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(CORPORATE SEAL}':)'. < ~c' OL
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This instrlJTlent prepared by:
Ken Swearingen, Jr., Esq.
7820 - 38 Avenue North
St. Petersburg, FL 33710
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ACKNOWl EDGMENT
TO
RElEASE OF RESERVATIONS AND RESTR ICTIONS
STATE OF Fl~IDA )
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 V I CE PRES I DENT of the above named SOUTH PO I NTE DEVElOPMENT CC>>PANY, 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 satd 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
1985.
loff
day of September, A.D.
My commissIon expires:
~a.- J ~a.J .,c.
Notary Public, State of Florlct(::'.'. ~;
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NOTARY PUBLIC STArr OF flORIDA
MY COMMISSiON EXPiRES JUNE 4 1986
IONOfO IHRU GE.'-<ElW. INS. UNDERW~lTfR~
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A 6.00 Foot Poadway DecUcatioo:
Legal Description:
~ 6.00 root Roadway Ded1cat1oo be~ a part or the C.H. .u.n Property
8.1"w:1 Collins Avenue (now closed), South of B1scayne Street, all as sho\oIn
on SCV1li BEACH PARK SUBDM.c;ION, Recorded 1n Plat Book 6 at P~e 77 of
the Public Recort1a ot Dade Co.mty, Florida.. 'nle ~treet, Avenues, and
Drive ment10ned 1n the tollorlng descr1ot~on are as shown CI'l the above-
mentioned P4!corded Plat:
Begin (P.O.B.) at the intersection or the South Line of Biscayne Street
and the Easterly line or Washington Avenue and nm N. 8-ro38 , 51" E. along
the Southerly line of B18cayne Street,' crossing Collins Avenue a distance
of 713.71 reet, more or less, to a Po1nt of In~ersect1on (P.I. ~ with the
project1a'l So.1therly of a line 15.00 feet Easterly of the Easterly line
of Block 112, ~....AN BEACH, Fla., Addition No.4, Recorded in Plat Book 3
at Page 151 of the Public Records or t8de County, Florida, said Easterly
line be1ng t.~ Easterly line of the existing 70.00 foot R1ght-<)f-W~v of
Ocean Drive; Thence run S. 10047'35" W. along the project1on Southerly of
the Easterly l1ne of Ocean Drive, a distance of 6.16 feet to a ~int;
~ce :Nfl s. 87~8t57tl w. along a line parallel to and 6.00 feet distant
Southerly of t.~ Northerly l~ of B1scayne Street, crossing Collins
Avenue (now' closed), a distance of 713.11 feet, roore or less, to the
Easterly ~ of 'flTa.s..~a1 Avenue; '!hence nm N. 10041' 35" E. along the
Ee.s~erly line of Wa.s..~on AveNJ.e, a diso;.ance of 6.16 feet to the Po~t
of Beg1nn1ng (P .O.B. ).
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EXHIBIT A
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