Quit-Claim Deed
111111111111111111111I1111111I1111111111I11
Prepared By and Return To:
ALAN W. LEVINE, ESQ.
LEVINE & PARTNERS, PA
1110 Brickell Avenue, 7th Floor
Miami, Florida 33131
CFN 200"7R02:1.3:3'76
OR P..k 2~;".Ol P9S '~!:;11 - ~-~i:'<i'r (l2p
RECDRDEO 03/01/2007 10:51=52
Df.:m DOC 'I.,X 0.60
SUHTAX O_4~5
HARVEY RUVltlr CLEf':K OF COURT
MIAMI-DADE COIJ~n'( r FLOf.:lD,:,
OUIT-CLAIM DEED
This Indenture is made this ;;" th day of -:y;, >1 e , 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
NOII00 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.::';;;':~~c;:,>
with Grantee's use and occupancy of its properties. Grantor shall perform all work at it~~/.~.t::~-~"'~);;'
sole cost, except that Grantee shall pay such costs normally attributable to the recipient rfJ?/ :.,'.~';~:, . \t~
NOT.~ TO RE~ORDE~: !his Quit-Clai~ Deed is being gi~en pursu~nt to.the '~:::\;:~~?t""tl~l
provIsIons of CIty of MIamI Beach ResolutIon No. 90-19880 m connectIon WIth the re-:.~~;;;;;cP!'
alignment of a City right-of-way. There is no consideration involved in the transfer of .~...-
the subject property, therefore only minimum documentary stamps are due.
fit-
the utility service. Grantor shall be responsible for repaInng 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
MIAMI BEACH, a
vision of the State of
~,~
Print Name: LJ'/ nroJ' ~
~f~~
PrintName:f1M,J C. I-{itle/fpe 2
David Dermer
Title: Mavor
Address: 1700 Convention Center
Drive, Miami Beach, Florida 33139
lkl PilL~
ity Clerk
STATE OF FLORIDA
)
ss
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ;;. t/ ~ day of
.:::s I( )f e... , 2006, by David Dermer, as Mayor of the City of Miami Beach, and
Robert Parcher, as City Clerk of the City of Miami Beach, a political subdivision of the
State of Florida, who are l1ersonallv kp~wn to me or mho has prntlllrptl
asideatifielltiOft, ,
My Commission Expires:
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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 I, 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 comer of the said out lot, the following course being along the
Easterly Jines 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; (I) thence Northerly and Westerly along said curve leading to the left through a
central angle of 90-00' -00" for an arc 001.42 feet to a point oftangency; (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
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EXHIBIT "B"
A parcel of land being a portion of Lot 27, "AMENDED PLAT OF AQUARIUM SITE
RE-SUBDlVISION" 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 ofthe public records of Dade County, Florida.
Commence at the Southeast comer 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 though a central angle of 140-48' -00" for an arc of 57.37 feet to a
point of tangency; thence north 140-48-00" 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\Covenams\Bentley Bay\QCD Final 060906.doc
4
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, RESOLU"ION NO.
m: I 9325rr.3 ! 32
90- 19880
A RESOLU'rION or THE Ct'rY COMMISSION m' 'rHE Cl'rY
OP MIAMI BEACtl, FLORIDA, AfPROVI NG I]'HE VACATION
OF A PORTION OF THE ROAD RICHT-OF-WAY OF WEST
AVENUE LYING EAST OF THE OUT LOT ANC LOT I. AND
A PORTION OF LOT 2, 80TH IN BLOCK J, AMENDED
PLAT FLEETWOOD SUBDIVISION ACCORDING 'ro THe
PLAT THEREOF AS RECORDED IN PLAT BOOK 2S. PACE
23 AND ADJACEN1' TO LOT 27, AMENDED PLAT OF
AQUARIUM SI1'E RE SUBDIVISION ACCORDING TO "liE
PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PACE
83, PUBLIC RECORDS. DADE COUNTY. FLORIDA;
RELINQUISHING THE CITY'S RIGHTS IN A PORTION
OF THE PRESEN" RIGHT-OF-WAY LYING IN LOT 2'1,
AND AUTHORIZING THE MAYOR AND CI'I'Y CLERK TO
EXECUTE A OUI1'CLAIM DEED IN PAVOR or TilE OWNER
OF LOT 27 rDR SAID PORTION OF I.OT 27 UPON
REALIGNMENT OF WEST AVENUE.
WHEREAS. the Amended Plal ot Fleetwood Subdivision was
recorded in Plat Book 2H, Page 34 and the Amended Plat of Aquarium
Site Re Subdivision was approved and recorded 1n Plat Book 21, Page
83 both In the Public Records of Dade County, Florida.
WHEREAS, lying between said plats is a portion ot the public
right-ot-way known as West Avenue legally described as tollows and
depicted on Exhibit A, attached hereto:
^ parcel ot land lyin9 within the road right-
Of-way of Weflt AVenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PI..AT VLEE'rwooO SUBOIVISION'I
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of .1 AMENDED PLA'J' OF AQUARIUM SITE HE
SUBDIVISION1., according to the PIal thereof as
recorded 1n Plat Book.21, page 83 both of the
Public Recorda of Dade County, Florida, being
more fully described as followsl
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 tor
2D6.Dl feet to a point on a circular curve
whose radius point bears East for 47~.00 feet:
thence Southeasterly .1009 said 475.00 foot
radius curve leading to the left through oS
central angle of 15-5~'-21'1 for an Arc of
132.00 feet to . poInt of tangency; thence
South 15-551 -21" East toc 2!L 67 teet to a poInt
of curvature; thence Southeasterly alon9 II
65.00 foot radiuB curve leading 1.0 the left
through a central angle of 41-031-15u 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 II central angle of 56-58'-J5" for an
arc of 36.18 feel to a poinl on it d rcular
curve whose radiuB point bears a be,uing of
North for 20.00 feet; the follow1ng two (2)
coucseS being alon9 th~ exterJar boundary of
said Lot 27; ll) thence Northerly and Westerly
along said curve leadJllg to the left. through
a centlfel angle of 90-001-00'1 for an arc of
31.42 feet to a poJnt of tangencYI (2) thence
on a bearing of West for SO.OO teel to the
POINT OF BEGINNINC.
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l.ylnq and being ill the City of Miami
Dade County. Florid..
Beach,
WHEREAS, the Miami Beach City COlllmlssion has provided notice
of these vacation proceedings to the publici and
WIIl::RE.AS. the Miami Beach Clly COlnmission has held Cl public
hearing to determine whether vacation of the above-referenced
righl-ot-way would be in the best interest vf the general public
....~lf.i:lrej and
WHEREAS, the vacalion conl.elllpldled h4:'rell\ would ll!!gally
effectuate an existing feed iglUllent. or tht!' stlllth end of WeSl Avenue-
to divert traffic on 6Lh Street to Alton Road: and
WHEREAS, the Mlalhl Beach Cl ly Commission has made the
l:ollowJng determlnation~:
1. '1'he right-of-w.:iY k,\awl\ as We~t Avenue is part of the City
of Miami Beach road =:systelh and, as such, thtl City of Mi.ami Ueach
tlo1ds this property in trust for the benefit ot the publ ie.
2. The City of Mi4lhl Be,ach City Commission, is duly vested
with the authority to vacate the above-referenced right-af-way.
J. 'fhe vacat lon of that por t ion uf West Avenue more
particularly described above 1.9 found to be in the best interest
of the general public welfare.
4. The vacation and discontinuance ot that portion of West
Avenue more particularly described above js found not to be for the
benef i t of a purely pr i vate interest; and
WHEREAS, after due consideration of all of the facts and
circumstances, the City Commission of th~~City of Miami Beach flnds
it to be in the best interest of ttfe gsnelal public welfare to
vacate, and disclaim any and all of the public's right, title and
i.nterest in the following described portion of West Avenue
hereinafter described and depicted in Exhibtt. "A" altached hereto:
A parcel of land lying within the toad right-
Of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Black I, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof a8 recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLA'I' Of' AQUARIUM SI'I'E:: IU:
SUBDIVISION", according to the Plal thereof as
recorded 1n Pl.t Book 2J. page B] both of the
Public Records of Dade County, Florida, bein9
more tully 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, .nd sald Lots
1 and 2; thence on a bearing of North tOI
2
.,..~
Rf~: I 9325rt3 ! 34
"206.01 feet to a point on a circular curve
whose radlua point be~rB East for 475.00 feet;
thence Southeasterly along said .\'1'5,00 foot
radius curve leading to the left throuqh a
central angle of 15-551-21" for an arc of
112.00 feet Lo a pol nl of ldl1(Jency; thenCd
South 15-55'-21" Edst for 29.67 feet' to a point
of curvature. thence Southeal:lter 1)' dilong a
65.00 foot radius curve leading 10 the left
through a central angle of 41-0J'.II3" for an
arc of 46.57 feet to a poi I\l of reverse
cur....ature. thence Ebslerly and Soul h~c)Y along
b J6.38 foot radius curve 1~a.din9 10 the dght
through a cential angle of ~6-~U'-]5'1 for an
arC' of 36.18 feet to a poillt on it circular
curve whose radtus point be,H~ a lJecHll\g of
North for 20.00 feet; the followllUJ two 12)
courses belnCJ .along the u'te-r l(.lr buundary of
said Lot 27; (1) thence Northerly and Westerly
along said curve leadlnq to the left through
a central anqle of 90-00'-00" fOI an arc of
31 .42 feet to a point of langency f <<21 thence
on a bear i n9 of West for SO. 00 teet to the
POINT OP aEQI~NINO.
Lying and belnq in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the City of Miami 8eCich has tJeen in possession of the
followin9 described property (also depicted on Exhibit 81 for use
as a portion of the West Avenue riqht-ot-way. although the same was
never dedicated of record:
A parcel at land being a portion of Lot 27,
"AIIENOEO PLAT OF AQUARIUM SITE RE-SUBOIVISION".
according to the plat thereof as recorded In
Plat Book 21, page 83 and adjacent to the out
lot as shown on the I'AMENDED PLA'I' ~'I.EETWOOD
SUBDIVISION", according to the pIal l.hereof as
recorded in Pial Book 28, page J4 both Plata
of the public records of Dade CounlV. Plorida.
Commence at the Southeast corner IJf said out
loti the following two 12) courses btdng along
the Southerly line and its proleclion thereof
of said out lot, sald Southerly 11m: also being
the Northerly line of said lot 27; III thence
on a bear 1 ng of East for JY. 15 teet to t.he
POINT OF BECINNING of the hereinaft.er described
parcel of land; (2) thence continue on said
bearlng of East for 10.85 feet to a point of
curvaturej thence Southeasterly along a 20.00
foot radius curve leadAng to the rlght through
a central angle of 90 MODI-DO" for an arc at
31.42 feet to a point of tangency: thence on
a bearing ot South alon9 the Westerly road
riqht-of-way of West Avenue for 125.60 to a
point on a circular curve whose radius point
bears West for 222.10 feetl thence
Northwesterly along said 222.10 foot radius
curve leadl~g to the left through a central
angle of 14 -4R'-OO. tor an arc of ~1']6 feet
to a poinl or tangencYJ thence north 14 -481-
00" West for 91.92 feet to the POIN'I' OF
~EGINNING.
Lying and being in the City of Mi.;ami lIea-ch,
Dade County. Florida.
WHEREAS. the City of Miami Beach wishes to relinquish
possession and any right of u:u: in the above-described property
)
m: I g325r~3135
whi~h may'have. accrued over time or which wi 11 aC'Crue to the City
of Miami. Beach in the future and to ~)(ecule cl quitclaim d~ed for
l:I.did property upon real ignlllenL of W~sl A.veIlUt~.
NOW 'l'IIERtf'ORE DE I'r DUI,Y RESOLVI::I> UV '1'111:: CI'I'Y COMMlSSION 01"
THE CITY OF MIMI SEACU. !"LORIO" as follows:
1. 'l'hal the City of Mi4Jnl Heilch d(,u:~ Ii~re~y vacate, Qb'IIldan
d.nd disclaim all of the public's riCJhl. litle and interest In .and
lu lhdL portion or We::il Avenue IIl(Htl p<lrllC'lIlarly descrilled d13
tollcJ....SI
A pilrcel of land !yillq within Lhe rudd l'lCJhl-
of-way of We9l Avenue and lyinq I::cuH of the out
lot and Lot 1, and ill portion ot 1.01 2, both of
BlOCk 1. "AMENDeO PI.AT f'L.EE'I'WOOO suaDIVISiON"
according to the Plal thereof 46 recorded ill
Plat Book 28 at paCJ8 34 and adiClc~llt to l.ot 27
of "AMENDED PLAT OF AQUARIUM St'rE RE
SUBDIVISION", according to the I')ill thereof as
recorded in Pial Book 21. page ~3 uoth of the
Public Recorda of Dade County, Plorlda, being
more fully described atl follow~:
Begin at the Southeasl corner 1,11' the said out
lot, the following courstt being along the
Easterly lines of said out ICll', and said Lots
1 And 21 thence on a bearing of North for
206.Ul feel to a polnl on a drcl.llar curve
whose radius point bears East for 47~.OO feetJ
thence Southeasterly along said '17~,OO foot
radius curve leadln9 to the left through a
central angle of 15-55'-21" tor An arc of
132.00 feet Lo a point of lallgel\cYI thence
South 15-5,5,'-21" East for 29.67 feel to a point
of curvaturel thence Southeasterly along 4
6~. 00 foot radius curve lead i ng 10 Lhe let t
through a central anCJI~ of 41-03' -},i" for an
arc of 46.~1 reet to a point 01' reverse
curvature; thence Easterly and Southerly along
a 36.38 foot radius curve leading to the r1qht
through a central angle of !i6-1J8' _J'J1l for an
arc of 36.18 teeL to a point on a circular
curve whose radius point beara d bear lnq of
North for 20,00 feet, the follOWing two (2)
courses being along the exterior boundary of
said Lot 271 (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 polnt of tangencYi (2) thence
on a bearing of Weat for ~O.UO t'eet to the
POINT OF BEGINNtNG.
Lying and being In lhe City at Midllli oeach,
Dade County, Florida.
2. The City of Miami Beach herel.Jy rellllqui~he9 possessioll
a.nd any right of use in the follow)ng descdbcd property which may
have accrued lo the CllY of Miami Uttdch OY~J Lime or ....hich Inay
dccrue Lo the City of Mldm1 Beach in lhe tuLIII'e=
A parcel of land being a portion of Lot 27.
",AMENDED PLA'r Of' AQUARIUM St'I'E RI~-SUUUIVIS10N",
accord1ng to t.he phl thereof as recorded in
Plat Book 21, page 83 and adjacenl t.o the out
lot 4S shown on the "AMENDED PLA'I' f'1.EE'l'WOOO
SUBDIVISION", according to the piel Lhereof AS
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~!~:19325n;3 ! 36
reco.r:ded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast cornet of said out
lotr the fo11owin9 two (2) courses being a1009
the Southerly Ilne and ita projection thereof
of said out lot, sald Southerly line also being
the Northerly line of said lot 27; (11 thence
on a bear Ing of East tor 39.1S [t!et to the
POINT OF BEGINNING of the hereinafter described
parcel of land: (2) thence continue on said
bearing of East for 10.a~ feet to a point of
curvature; thence Southeaste,ly along a 20.00
foot radius curve lead~n9 to lhe right through
a central angle of 90 _QO'_OOM for an arc of
11.42 feet to a point of tangency, thence on
a bear lng of South along the WeHterly road
r19ht-of-way of Wesl Avenue tor 12':..60 to a
point on a cIrcular curve whose rddius point
bellirs West for 222.10 feet; thence
NorthWesterly a10n9 said 222.10 foot radius
curve leadin9 to the left through a central
angle of 140-48'-00" for an arc of ~'1.3Z feet
to a pqint of tangencyr thence north 14 -48'-
00" Weat for 91.92 feet to the POINT OF
BEGINNING.
Ly1ng and be1r,g 1n the City of Mlami Beach.
Oade County. Flor ida.
J. Notwithstanding the foregotnc,h tht: City of Miami Deach
has and reserves the d9ht to continue utjing lhe property set forth
in paragraph 2 above for t~mporary road purposes only until such
time as realignment of Wt!st Avenue is complete, and from And after
such date the temporary use ahall 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 Bet forth in par4graph 2 above, which
will also confirm relinquishment of the temporary right referred
',!
to in paragraph J above.
PASSED and ADOPTED this ~~ day of ~~~uorY , 1990.
W t/L---
VICE-MUOR ~
ATTEST 1
A f().J..J fn &--
~f CLERK
FORM APPROVED
LEGAL DEPARTMENT
tY?~~6-. .
Date ~/17/9o
JLM/rlw
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