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HomeMy WebLinkAbout12 Special Warranty Deed @ . ~ This instrument prepared hy: Murray H. Dubbin, Esq, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Parcel Identification No. OZ 1./203 CO, .,Z~O SPECIAL WARRANTY DEED (SSm North Parcel) , This SPECIAL WARRANTY DEED, made this ~y of ~9Ja., by and between The Miami Beach Redevelopment Agency, a Florida public agency or . and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended (the "Grantor"), and West Side Partners, Ltd" a Florida limited partnership (the "Grantee"), the Grantee having a mailing address at 446 Collins Avenue, Miami Beach, Florida 33139, whose taxpayer identification number is WITNESSETH: That the Grantor, for and in consideration of the sum ofTEN DOLLARS ($10,00) and other good and valuable consideration, in hand paid by the Grantee, the receipt, sufficiency and adequacy whereof are hereby acknowledged, has granted, bargained and sold and hereby grants, bargains and sells to the Grantee, its successors and assigns forever, that certain parcel orland which is located in the County of Dade, State of Florida, and more particularly described on Exhibit A attached hereto and made a part hereof (the "Real Property"), together with all the buildings, structures, improvements. fixtures, machinery and equipment situated therein or thereon and together with all and singular the easements, tenements, hereditaments, appurtenances and other rights and privileges thereunto belonging or otherwise now or hereafter appertaining thereto, including all strips and gores of land lying adjacent to the Real Property and owned by the Grantor; provided, however, Grantor hereby reserves in perpetuity any existing public rights-of-way and any and all riparian rights regarding the Real Property, SUBJECT TO THE FOLLOWING: I, Taxes for the year 19~ and all subsequent years, which are not yet due and payable. 2. Those certain matters set forth on Exhibit B attached hereto and made a part hereof. 3, Applicable zoning ordinances and regulations affecting the Real Property, TO HAVE AND TO HOLD the same in fee simple forever, AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Real Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Real Property; that the Grantor hereby fully warrants the title to the Real Property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor and none other, . - IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed on the date and year first above written. . GRANTOR: Signed, sealed and delivered in the presence of: THE MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 969, Chapter 1 Part III, Florida Statutes, as ame ed 'f- ~!:~~~t!:r;!~ nt Agency Attest: \<0 lu-tQV M ~ Secretary: Robert Parcher Grantor's Address: 1700 Convention Center Dr, Miami Beach, Florida 33139 Attention: City Manager STATE OF FLORIDA) COUNTY OF DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Seymour Ge 1 her ,the Cha i rman of The Miami Beach Redevelopment Agency, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended, who executed the foregoing instrument on behalf of said agency 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, ~:1yS my hand and official seal in the County and State last aforesaid this~ day o ,199.!L. - . ~~~~ tary Public, State ofFlonda Name: Janine Mllinski Commission No. (Seal) My commission expires: JANINE MIUN!iIQ NOTARY PUBUC STA'\1i OF R.OIIDA COMMISSION NO, cC449380 , MY COMMISSION EXP. MAR, 29,1999 MlA95 10118418-1 2 .' F.XHTBIT A ssm NORTH PARCEL LEGAL DESCRIPTION Lots 30 through 42 inclusive, in Block III, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida, together with the accretions thereto, AND Lots 43,44,45,46,47, 48A, 49B, and 50C of DADE COUNTY PROPERTY, according to the Amended Plat of Lots 43 to 50 inclusive, in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO, 3, as recorded in Plat Book 14, Page 70, of the Public Records of Dade County, Florida, together with the accretions thereto, EXHIBIT "B" TO SPECIAL WARRANTY DEED Permitted ExceDtions 1. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey of the Real Property, 2. Any claim that those portions of the Real Property which are submerged and/or lie West of the Westerly line of the lots in the subdivisions as same may be extended in a Southerly direction are sovereign lands of the State of Florida. 3, Rights and easements of the United States Govemment for commerce, navigation, recreation and fisheries in and to any portion of the Real Property which have been created by artificial means or accreted to any portions so created and riparian rights, 4, Fifteen Foot Drainage Outfall Drainage Easement across Lots 46 and 47, per Plat recorded in Plat Book 14, Page 70, as set forth in that instrument filed December 15, 1972 under Clerk's File No, 72R-280442, 5, Those certain easements reserved unto the City of Miami Beach and contained on Pages 2777 and 2778 of the Special Warranty Deed filed July 31,1985 in Official Records Book 12590, at Page 2776 and described as follows: (i) underground utility easement over the South 5 feet of Lot 30; (iI) easement over the South 10 feet of Lot 30 for maintenance of the underground utility easement described in subparagraph (i); and (iii) underground utility easement over Lots 48A, 49B and 50C, 6. SSDI Development Agreement between the City of Miami Beach, Florida, Miami Beach Redevelopment Agency and South Shore Developers, Inc., dated April 17, 1986, filed in Official Records Books 12873, at Page 2612, as assigned to West Side Partners, Ltd., by that certain instrument filed April 7, 1994, in Official Records Book 16313, at Page 1077. 7. Terms and provisions of Portofino Holdings ~380,032(3) Agreement with The Department of Community Affairs filed May 19, 1995, in Official Records Book 16788, at Page 3089, as affected by Notice of Adoption of a Development Order for the Altemative Portofino DRI recorded March 30, 1999 in Official Records Book 18541, at Page 3641. 8. Agreement dated November 7, 1995 by and among the City of Miami Beach, Florida, a Florida municipal corporation, the Miami Beach Redevelopment Agency, a Florida public agency, and the Portofino Entities listed therein filed November 9, 1995, in Official Records Book 16987, at Page 1197, 9, Declaration of Restrictions recorded June 9, 1997 in Official Records Book 17667, Page 4854, 10, Amended Restated Parking Agreement by and among the City of Miami Beach, Florida, the Miami Beach Redevelopment Agency and West Side Partners, Ltd" dated as of May 24, 1999, and recorded of even date herewith. Note: All recording references are to the Public Records of Miami-Dade County (formerly Dade County), Florida, .