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
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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
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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
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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.
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STATE OF FLORIDA )
) SS.
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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
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ry Public
State of Florida at Large /! /*` c>
My commission expires:
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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.
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EXHIBIT A cont.
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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
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OF WAY
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N 89'25'37" E
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BLOCK I
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(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)
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SKETCH OF DESCRIPTION 1
FORTJIV, LEAVY SKJIES, INC.
= 03'14'14"
R = 88.62'
L = 5.01'
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Date Februory 6, 19961
Scale 1" =100'
Job. No. 9533
Pbtted 2/7/96 8: 56o
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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