HomeMy WebLinkAboutWD-275 Special Warranty Deed (With Reservation of Easement Rights)~'
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Prepared by and return to:
Arno lc A. Brown, Esq.
Bilzin Sumberg Baena Price 6 Axelrod LLP
2500 Wachovia Financial Center
Miami, Florida 33131
Part of Folio Nos.:
02~-4203-009-8400
OR Bk 259:33 Pas ~=fb~4' - u71'r t::,p9s?
RE~~ORDED ~]?fi~f2~~i!l 12~?6:2ii
GEED 60C: TAX 2-~i~7~~,4.n
SURTAX 1-Snn.?,i~
HARVEY RU~'Ihf- C:LER(f DF C:OURT
MIAMI-DARE f.OUhITYr FLORIDA
SPECIAL WARRANTY DEED (WITH RESERVATION OF EASEMENT RIGHTS)
THIS SPECIAL WARRANTY DEED, made as of the ~ day of _ 7
A.D., 2007, by AR & J Sobe, LLC, a Florida limited liability company,
party of the first part, whose post office address is c/o Berkowitz
Development, 2665 South Bayshore Drive, Suite 1200, Coconut Grove,
Florida 33133, hereinafter called the Grantor, to The City of Miami
Beach, a Florida municipal corporation, party of the second part,
whose post office address is 1700 Convention Center Drive, Miami
Beach, Florida 33139, Attn: City Manager, and whose Federal
Identification No. is , hereinafter called the
Grantee (wherever used herein the term "Grantor" and "Grantee" include
all the parties to the instrument and the heirs, legal representatives
and assigns of individuals, and the successors and assigns of
corporations):
WITNESSETH: That Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other valuable consideration, the receipt and
adequacy of which are hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the
Grantee, all that certain land (the "Property") situate in Miami-Dade
County, Florida, viz:
A PORTION OF LOTS 14 THROUGH 16, BLOCK 104, OCEAN BEACH
FLORIDA ADDITION No. 3, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2 AT PAGE 81 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE N.W. CORNER OF SAID LOT 16; THENCE RUN
SOUTH Ol DEGREES 57 MINUTES 11 SECONDS EAST; ALONG THE EAST
RIGHT OF WAY LINE OF ALOON ROAD, FOR 25.03 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 57 MINUTES 38
SECONDS EAST FOR 9.19 FEET; THENCE SOUTH O1 DEGREES 57
MINUTES 11 SECONDS EAST, ALONG A LINE PARALLEL WITH AND
6.50 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
EAST RIGHT OF WAY LINE OF ALTON ROAD, FOR 80.60 FEET;
THENCE SOUTH 43 DEGREES 02 MINUTES 22 SECONDS WEST FOR 9.19
FEET; THENCE NORTH Ol DEGREES 57 MINUTES 11 SECONDS WEST,
ALONG THE EAST RIGHT OF WAY LINE OF ALTON ROAD, FOR 93.60
FEET TO THE POINT OF BEGINNING; ALL LYING BETWEEN THE
HORIZONTAL PLANES OF ELEVATION 3.00 FEET AND ELEVATION
15.67 FEET, NATIONAL GEODETIC VERTICAL DATUM OF 1929.
MIAMI 699472.18 7198217084
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LYING AND BEING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42
EAST, CITY OF MIAMI BEACH, MIAMI- DADS COUNTY, FLORIDA.
Subject to:
1. Taxes and assessments for the year 2007 and subsequent
years.
2. Zoning and other governmental rules, regulations and
ordinances.
3. Easements and restrictions of record, if any, without
intent to reimpose or reinstate same hereby.
4. Facts which a current and accurate survey or visual
inspection of the property might disclose.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
It is the intent of Grantor, by this instrument, to convey to
Grantee the above described Property for a public mass transit
intermodal stop pedestrian waiting area. It is expressly provided
that if and when said use shall be lawfully and permanently
discontinued, the title to the above described Property shall
immediately revert to Grantor, its successors and assigns, and
Grantor, its successors and assigns shall have the right to
immediately re-possess same.
Grantor reserves a perpetual easement for the erection of columns
to support the improvements from time to time located above said
Property, and for utility and drainage facilities within said columns,
in locations reasonably approved by Grantee that will not materially
adversely interfere with the use of said Property for its intended
public mass transit intermodal stop pedestrian waiting area. Said
easement shall include all rights reasonably necessary to enable
Grantor to install, maintain, repair and replace from time to time,
the facilities and items that Grantor is permitted to install in,
above or below said Property.
Grantor shall perform routine day to day maintenance (such as
sweeping and cleaning) of the sidewalk, column finishes, the wall
finish and canopy within or serving the Property (the "Transit
Finishes") at Grantor's cost. Grantor shall perform all other
maintenance, repairs and replacement of the Transit Finishes at
G'rantee's cost, based on a budget reasonably approved by Grantee and
subject to annual reconciliation. Grantee shall, at its sole cost,
install (if desired), maintain, repair and replace (or remove, at
Grantee's option) any transit related signage, furniture (such as
benches and waste containers) or similar items within the Property.
MIAMI 699472.18 7198217084
L.A~T F'A~GE
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of said Property in fee simple and has good right and
lawful authority to sell and convey said Property; and hereby warrants
the title to said Property and will defend the same against the lawful
claims of all persons claiming by, through or under said Grantor.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed as of the day and year first above written.
Signed, sealed and delivered
in the prese f:
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Sign Nam .~, ~~ Florida limi d iability
pp`` t ~ t~ ~. ~~'~`y
Print ame : ~~C' r. ±'.: ° ` ` '
t'rt'41 ~4 ~.6e _ company, b Berkowitz Limited
Partners its managing
member, Be kowitz LC, its
general t he
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S ign Name : ~;u~,-,~--~
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Print Nark: S IBS
._ . -L Jeffr erkowitz, Manager
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADS )
he o egoing instrument was acknowledged before me this ~ day
of ~~. 2007, by Jeffrey L. Berkowitz, as manager of
Berkowi z, LLC, as general partner of Berkowitz Limited Partnership,
as managing member of AR & J Sobe, LLC, a Florida limited liability
company, in the capacity aforestated; such person is personally known
to me or has produced a driver's license as id, ratification.
Si ~ me: ~_~»_..___
Print Name:
My Commission Expires: Notary Public
Serial No. (none if blank):
[NOTARIAL SEAL]
.PaY '~~/ pFINOID A. BROY'1N
?° ~ ~ ~ ~ ~' `~ MY COMMISSION t DO ~~
* EXPIRES: October 27, 2008
~ Services
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MIAMI 699472.18 7198217084