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HomeMy Public PortalAbout1996-15 Beach Access Promenade dedication agreement, Ocean Club to VillageRESOLUTION NO. 96-15 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH ACCESS PROMENADE" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements of Resolution Z-10-95, Key Biscayne Ocean Club Limited Partnership wishes to dedicate certain real property known as the "Beach Access Promenade" to the Village, as set forth in the Dedication Agreement attached to this Resolution; and WHEREAS, the Village wishes to accept the dedication of the "Beach Access Promenade" pursuant to the Dedication Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Village hereby accepts the dedication of the "Beach Access Promenade" pursuant to the Dedication Agreement. Section 2. That the Village Manager is hereby authorized to execute the Dedication Agreement on behalf of the Village. section 3. That the Village Clerk is hereby authorized to record the Dedication Agreement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of May , 1996. F. FESTA, MAYOR ATTEST DO H. ► GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: .lLI SAS VILL E ATTORNEY -2 rcI11988Pc3458 98R079857 1998 FEB 20 16:03 DEDICATION AGREEMENT (Beach Access Promenade) THIS DEDICATION AGREEMENT is made as of the day of June, 1996, by KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited partnership, (the "Partnership"), in favor of THE VILLAGE OF KEY BISCAYNE (the "Village"), a Florida municipal corporation. Partnership is the owner of fee simple title to certain real property (the "Ocean Club Development Area") situated within the corporate limits of the Village, in Dade County, Florida. Pursuant to Resolution No. Z-10-95 of the Village, adopted by the Village Council on July 27, 1995, the Village approved a special exception and height variance for the Ocean Club Development Area, subject to certain conditions, including without limitation requirements that Partnership (a) dedicate to the Village land to be owned, held, developed and used by the Village as a beach access promenade, in satisfaction of which requirement this Agreement is made, and (b) contribute the sum of $250,000.00 (the "Park Contribution") to the Village to fund certain park improvements. DOCSTF DEE 0.60 SURTX 0.45 HARVEY RUVIN, CLERK DADE COUNTY, FL Now therefore, in consideration of the foregoing, Partnership hereby agrees and declares as follows: 1. Dedication. Partnership hereby dedicates to the Village, for the uses and purposes herein set forth, the real property (the "Dedicated Land") legally described on Exhibit A attached hereto and made a part hereof; saving and reserving, however, unto Partnership, its successors and assigns, a nonexclusive below grade wall foundation support easement, appurtenant to the adjoining Ocean Club Development Area, under the South two feet (2') of the Dedicated Land. The Partnership shall promptly repair and/or replace any improvements on the Dedicated Land damaged as a result of the Partnership's use of said easement. The Village hereby acknowledges receipt of payment in full of the Park Contribution. 2. Use. The Dedicated Land will be owned, held, developed and used by the Village solely as a linear park/walkway system connecting the Village beach park located at the northeasterly corner, and the Village lake park located at the northwesterly corner, of the Ocean Club Development Area for the use, enjoyment and benefit of residents of the Village and their guests. The Village agrees to develop, construct, install, maintain, repair and replace, in good and workmanlike manner, improvements and landscaping on the Dedicated Land consistent with the use of thereof The instrument was prepared: H. William Walker, Jr. White & Case 200 S. Biscayne Blvd. 49th Floor Miami, Florida 33131 Please record and return to: Steven W. Zelkowitz Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 S. 441 in17968PC3459 to the executed as of the Witnessed: 000015X9.W51 as set forth above, and to a level of quality commensurate with the Village beach and lake parcels described above. 3. Satisfaction of Obligations. The foregoing dedication constitutes full and final settlement of all obligations of Partnership, its successors or assigns, as owner of all or any portions of the Ocean Club Development Area, with respect to conveyance or improvement of the Dedicated Land, and no further contributions, assessments or payments will be due from Partnership, its successors or assigns, in connection with the Dedicated Land. 4. Inurement. This Dedication Agreement will inure to the benefit of and be enforceable by the Partnership and the Village, their respective successors and assigns. IN WITNESS WHIkEOF, Partnership has caused this Dedication Agreement day of June, 1996. KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited partnership By: Ocean Club Holdings Limited Partnership, a Delaware limited partnership, General Partner -2- By: Ocean Club Holdings, Inc., a D on G; ne al By: Name: John A. Hinson Title: Presi t Date: June , 1996 0:179B9Pg3460 Name: OJL dQ IMW& Name: de ib&&%ion STATE OF FLORIDA ) SS. COUNTY OF DADE Date: LAGE OF KEY BISCAYNE, a Florida municipal corporation C. Samuel Kis Village Manag•r February18, 1998 85 West Mcintyre Street Key Biscayne, FL 33149 Resolution 96-15 PASSED AND ADOPTED 14th day of May, 1996. This instrument was acknowledged before me this day of June, 1996, by John A. Hinson, as President and on behalf of OCEAN CLUB HOLDINGS, INC., a Delaware corporation, as General Partner and on behalf of OCEAN CLUB HOLDINGS LIMITED PARTNERSHIP, a Delaware limited partnership, as General Partner and on behalf of KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited partnership; andlhe is personally known to me (or has produced a driver's license as identification. (Notary Seal) Notary Public State of Florida at Large My commission expires: 000015X9.W51 -3- ` ,v PU♦ MONICA PELELLA _ a ' Notary Public, State of Florida o. CC 283660 FOF ooP My Commission Expires 6/7/97 Bonded Through Fla. Notary Senice & Bowling Co. 000<<“CCUCCCCCC<ICCt«<K<CC CC K OCWO • w«:179Q8PC3461 STATE OF FLORIDA ) ) SS. ) COUNTY OF DADE as February,l998 120 i ack b e this � day of J� , by a . /,7 Lg�1 of THE VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, on behalf of the Village; and )� he is personally known to me or has produced a driver's license as identification. Ota L NOTA RY SEAL ITA H ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC601618 MY COMMISSION EXP. NOV.14,2000 000015X9.W51 ry Public State of Florida at Large /! /*` c> My commission expires: -4- BEE: R9[16PC3462 EXHIBIT A LEGAL DESCRIPTION: A Five Foot Strip of land lying in a portion of Lot 1 and Lot 2, Block 1 of ALCAZAR as recorded in Plat Book 117 at Page 96, and a portion of Tract "F" of FIRST ADDITION OF BISCAYNE KEY VILLAGE as recorded in Plat Book 53 at Page 19, and a portion of the Vacated Right of way of Ocean Drive as recorded in Official Record Book 14350 at Page 1201 and Official Record Book 6727 at Page 587 and 588 and Resolution number R-1063-89, and a portion of Tract "G" of FIRST ADDITION OF BISCAYNE KEY VILLAGE as recorded in Plat Book 53 at Page 19 all of the above being recorded in the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the most Northerly Northwest Corner of said Lot 1 said point being on the South right of way line of East Enid Drive and the North line of said Lot 1, Block 1, thence N89°25'37"E along said South right of way line East of Enid Drive and the North line of said Lot 1 for 293.19 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence continue N89°25'37"E along the said South right of way line of East Enid Drive for 1,335.02 feet to a point on a circular curve concave to the East and whose radius point bears N880 12'07E; thence Southerly along a 88.62 foot radius curve leading to the left through a central angle of 03014'14" for an arc distance of 5.01 feet; thence S89°25'37 "W for 1335.27 feet; thence N00034'23 "W for 5.00 feet to the POINT OF BEGINNING. 000015X9.W51 -5- VErc: 17988PC3463 EXHIBIT A cont. Q it N iti 0 11 Z 0 Q Z k v POINT OF COMMENCEMENT MOST NORTHERLY NORTHWEST CORNER OF LOT 1, BLOCK 1 PLAT BOOK 117, PAGE 96 EAST EN/D POINT OF BEGINNING —j 293.19' 1 / 5.00' N 00'34'23" W .�6O' RIGHT 1 OF WAY 4 1 1 1 1\ 1 1 1 1 1 1 1 1 1 1 L 0 T DR/ VE 0 0 tri en } =3FE u- 1 0 0 N 89'25'37" E 1335.02' EAST PLAT) N RADIAL 88'12'07" E S 89'25'37" W 1335.2 L 0 T 2 BLOCK I AL G I4 Z .4 R (PLA T BOOK 117, PAGE 96) CLUB -PROMENADE STRIP Drawn By REP aid No. 960086-8 Ref. Dwp 294F-401 / SOUTH LINE OF LOT 1, BLOCK 1 PLAT BOOK 117, PAGE 96 TRACT IF" (PLAT BC%5 .53, PAGE /9) I • LI- • Q k L (CLOSED) W a it Q z w v 0 SKETCH OF DESCRIPTION 1 FORTJIV, LEAVY SKJIES, INC. = 03'14'14" R = 88.62' L = 5.01' v 1 Date Februory 6, 19961 Scale 1" =100' Job. No. 9533 Pbtted 2/7/96 8: 56o J CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach, Florida. 33162 Ph. 653-4493 /Fax 651-7152 Dws Na 196A-508 J7956PC3454 RECORDED IN OFFICIAL RECORDS BOOT( OF DADE COUNY'V ; FLORIQq. RECORD VERIFIED HARVEY RUVIN cantt cmvogssor eetS T DOCUMENT COVER PAGE FOR DEDICATION AGREEMENT (Beach Access Promenade) This instrument was prepared by: H. William Walker, Jr. White & Case 4900 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Record and return to: Steven W. Zelkowitz, Esq. Weiss, Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133