HomeMy WebLinkAboutQuit Claim Deed (Bk24721 Pgs 1743 - 1761
111111I1111I1111111111111111111I1111111111111
Coralee G. Penabad, Esq.
Hellinger & Penabad, P.A.
3050 Biscayne Boulevard
Suite 700W
Miami, Florida 33137
CFN 2006R0760972
OR Bk 24721 P9S 1743 - 1761; (190.s.
RECORDED 07/14/2006 15:46:54
DEED DOC TAX 2,145.60
SURTAX j,609.20
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
This instrument prepared by, or under the supervision of
(and after recording, return to):
Reserved for Clerk of Court
OUlT-CLAIM DEED
THIS QUIT-CLAIM DEED, Executed this ~ day of June, 2006, by 535 West Avenue
LLC, a Florida limited liability company and Leviev Boymelgreen Vitri Developers, LLC, a Florida
limited liability company, whose mailing address is: 3050 Biscayne Blvd, #700 Miami, Florida 33137,
first party to The City of Miami Beach, second party: . \,"\ob (c,t\,(el\ .hUY"l Cew\-<'L \Jri'\ eMI~""
(Wherever used herein the terms first party and second party shall include singular and plural, heirs. legal representatives, &e Yl'" h, (
and assigns of individuals, and the SUCCC:iiors and assigns of corporations, wherever the conteKt so admits or requires) t 3 3 \ 3
WITNESSETH, that the said first party, for and in consideration of the sum of TEN
DOLLARS and other good and valuable consideration ($10.00) in hand paid by the said second party,
the receipt whereof is 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 property being situated in Miami-Dade County, Florida, and legally
described as follows;
See attached Exhibit "A" (the Property)
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
It is the intent of first party, by this instrument, to convey to second party the Property
described above, and in Exhibit "A" hereto, subject to and contingent upon the terms and conditions
approving and granting second party's vacation of the Property to first party, as provided in City of
Miami Beach Resolution No. 2005-25869, a certified copy of which is attached hereto and
incorporated herein as Exhibit "B".
It is expressly provided herein if first party shall fail to obtain a Full Building Permit, as said
term is commonly defined by the City of Miami Beach Planning and Zoning Department, for that
certain residential condominium project referred to as the "Vitri Project", located at 500-550 Alton
Road and 517-547 West Avenue, Miami Beach, Florida, and as approved by the City of Miami Beach
Design Review Board (DRB) on November 16,2004, as extended on May 2, 2006 (ORB File No.
18041) (the "Vitri Project"), within three (3) years from the Effective Date herein, then title to the
above described Property shall immediately revert to first party, automatically and without further
action by first party (but in confirmation thereof second party shall promptly, upon written demand by
first party, execute and deliver to first party a Quit Claim Deed, subject to no liens or encumbrances
created by through or under second party), and first party shall have the right to immediately re-" ..~
possess the Property. cou..
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IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presence of:
Witnesses:
/.A.~
......Print Name:
535 WEST AVENUE, LLC
By and through Olympia Florida,
LLC, its aging mber
By:
Jeshayahu ymelgreen, as Manager
of OLYMPIA FLORIDA, LLC
LEVlEV BOYMELGREEN VITRl DEVELOPERS, LLC
By and through Olympia Florida,
LLC, its aging Member
By:
STATE OF J:h,DA )
COUNTY OF f.llh.t\ l:rJd~
Juu- ~ H:.lh~
nt was acknowledged before me this L day of~, 2006, by Jesl111)lrhu ()
, f 535 West Avenue, LLC,
r who has produced as identification and did (did
My Commission Expires:
STATE OF -.f{onbA )
COUNTY OF t..lIAM\ ~ )
~1'1.I. Notary Public State of Florida
R -~ \.. Coralee Penabad
~:"f' j My Commission 00471740
;o;OFf\od'" Expires09/13!20 ~
as acknowledged before me this ~ day of ~ 2006, by J~tRayahu
of Leviev Boymelgreen Vitri
as
My Commission Expires:
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Notary Publ~ Stale of Florida
Cora lee Penabad
My Commission 00471740
Expires 09/1312009
EXHIBIT '"A '"
LEGAL DESCRIPTION:
ALLEY TO BE DEDICATED - EAST:
A portion of Lot. 8, 9 and 10, of AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, according to the plot
thereof, recorded in Plot Book 21, Page 83, of the Public Records of Miami-Dade County, Florida, being more
particularly described os follows:
Begin at the Northwest corner of said Lot 1 D, thence SOO'22'51"E along the West line of said Lots 8, 9 and 10
for 120.01 feet to 0 point of intersection with the Easterly extension of South line of the North 20.00 feet of
Lot 13 of said AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION; thence N89'37'47"E along said Easterly
exten.ion, for 14.21 feet: thence NOO'22'51"W along the East line of the West 14.21 feet of said Lots 8, 9 and
10, for 120.01 feet to a point an the North line of said Lot 10, also being the South right-of-way line of 6th
Street; thence S89'37'30"W along said North line for 14.21 feet to the Paint of Beginning.
ALLEY TO BE DEDICATED - WEST:
The North 20 feet of Lot 13, of AMENDED PLAT OF AQUARiUM SITE RESUBDIVISION, according to the plat thereof,
recorded in Plat Book 21, Page 83, of the Public Record. of Miami-Dade County, Florida.
SURVEYOR'S NOTES:
- This site lies in Sections 3 & 4, Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade
County, Florida.
- All documents are recorded in the Public Records of Miami-Dade County, Florida unles. otherwise noted.
- Lands shown hereon were not abstracted for easements and/or rights-af-way of records.
- Bearings hereon are referred to an assumed value of S89'37'30"W for the South right of way line of
6th Street.
- East olley shown hereon containing 1,705 square feet, or 0.039 acres, more or less.
West alley shown hereon containing 2,502 square feet. or 0.057 acres, more or less.
- This is not a "Boundary Survey" but only a graphic depiction of the description
shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 2004-139-2.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on February 17, 2005,
and meets the Minimum Technical Standards as set forth by the Florida Boord of Professional Surveyors and
Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
-Not valid without the signature and the original raised
seal of a Florida Licensed or and Mapper"
-------
Daniel C. Fortin, Far
Surveyor and Mapper,
State of Florida.
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ALLEV TO BE DEDICATED
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( DESCRIPTION, NOTES & CERTIFICA TIONi
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTIIORIZATION NUMBER.: 00003653
180 Northeaat 168th, S_I North Miami Boach. Florida. 33162
PboDo: 305-653-44931 Fax 305-651-71521 Bmai1 ,QOII1
Date 2/17/05
Scale NOT TO SCALE
Job. No. 050279
Dwg. No. 1005-008-1
Sheet 1 of 3
DANJR
050279
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2004-139-2
Cad. No.
Plotted: 2/17/05 9:550
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CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER.: 00003653
180 Northeast 168th. Succt / North MiaDJi Beach, Florida. 33162
PboDe: 305-653-4493 / Fax 305-651-7152 / Email .COID
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EASTERLY EXTENSION OF THE
SOUTH LINE OF THE NORTH I I
20 FEET OF lOT 13
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THIS IS NOT ~SURVEY
CENlIRUNE
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POINT OF BEGINNING
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OF LOT 10
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( SKETCH OF DESCRIPTION I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AurHORIZAnON'NUMBER; 00003653
180 Northeast 168th. S_I North Miami Beach. Florida. 33162
PboDa: 305-653-4493 1 Fax 305-651-71521 BmIW .com
S89037'30"W
14.21'
~SOUTH RIGHT-Of-WAY
UNE OF 6th STREET
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NORTH UNE Of
Z LOT 10
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Date 2/17/05
Scale 1" = 30'
Job. No. 050279
Dwg. No. 1005-008-1
Sheet 3 of 3
. .
EXHIBIT "B"
RESOLUTION NO. 2005-25869
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING
TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND AUTHORIZING THE
VACATION OF A PORTION OF AN ALLEY ADJACENT TO LOTS 2 THROUGH 7
OF THE AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, CONTAINING
APPROXIMATELY 4,200 SQUARE FEET (THE ALLEY), IN FAVOR OF THE
APPLlCANT(AND DEVELOPER OF THE VITRI PROJECT), 535 WEST AVENUE,
LLC; ACCEPTING, CONCURRENT WITH THE VACATION OF THE
AFORESTATED ALLEY, THE CONVEYANCE BY 535 WEST AVENUE LLC, OF
PORTIONS OF LOTS 8, 9,10 AND 13 OF SAME SUBDIVISION, CONTAINING
APPROXIMATELY 4,200 SQUARE FEET, FOR PERPETUAL USE AS A PUBLIC
ALLEY; BOTH SUBJECT TO A RIGHT OF REVERTER THAT CAN BE
EXERCISED IF A FULL BUILDING PERMIT IS NOT ISSUED FOR THE PROJECT
WITHIN THREE (3) YEARS OF THE DEDICATION OF THE DEVELOPER'S
PROPERTY TO THE CITY; PROVIDED FURTHER THAT THE CITY'S APPROVAL
OF THE AFOREST ATED VACATION AND ACCEPTANCE IS SUBJECT TO AND
CONTINGENT UPON 535 WEST AVENUE, LLC'S SATISFACTION OF THE
CONDITIONS SET FORTH IN THIS RESOLUTION; WAIVING, BY 517THS VOTE,
THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, PURSUANT
TO ARTICLE II, SECTION 82-36 THROUGH 82-40 OF THE MIAMI BEACH CITY
CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS TO EFFECTUATE THE VACATION AND ACCEPTANCE OF THE
PROPERTY TO BE CONVEYED TO THE CITY BY 535 WEST AVENUE, LLC,
SUBJECT TO FINAL REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE;
FURTHER ACCEPTING A DONATION, AS VOLUNTARILY PREFERRED BY 535
WEST AVENUE, LLC,IN THE AMOUNT OF $125,000, TO BE APPLIED TOWARD
THE CITY'S CAPITAL IMPROVEMENT PROGRAM.
WHEREAS, the City holds a right of way easement to a fifteen (15) foot wide alley,
running from Alton Road to Sixth Street, which originated when the Amended Plat of
Aquarium Site Resubdivision was platted in 1925 and approved by the City of Miami Beach
Council; and
WHEREAS, 535 West Avenue, LLC (Developer), owns Lots 1 through 10 and Lots
13 to 19 of the Amended Plat of Aquarium Site Resubdivision, adjacent to the aforestated
platted alley; and
WHEREAS, in November 2004, the Developer obtained required approvals from the
City's Design Review Board to construct the .Vrtri" Project, a residential development to be
generally located at 500-550 Alton Road and 517-547 West Avenue and over the lots