HomeMy Public PortalAbout1999 Judgment On The Pleadings.tifIF IMAGE01 : FL -99-70593-2 05/27/1999 03:32:43pm
0"'17'99 11PD 17.40 FAX 305 854 239.3
WEISS SERUM & IIEIT11Nt
VILLAGE OF KEY BISCAYNE, )
Petit . )
t
v. )
l
KEY BISCAYNE OCEAN CLUB )
LIMITED PARTNERSHIP, a
Delaware limited partnership, 1
Defendant. )
)
TN THE CrCUIT COURT OF TILE
THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION=
CASE NO. 99-01024 CA 2;
RECORDED
I MAR 1 1 1599
Cie& of Circuit
111 & County Courte
.ilii2fMP ON 7'fI17 PLi q,DIN
THIS CAUSE cante before the Court on February 21, 1999, pursuant to notice on
petitioner's motion for judgment on the pleadings, and it app irinq from the alleoatians o. th
petition and the admissions of the answer that there is no eenuin: issue as to any material facr and
that petitioner is entitled to judgment as a mailer of law, it is hereby
ORDERED AND ADJUDGED that:
] Petitioner's motion Col- judgment on the pleadings is granted and final
Judgment hereby entered in favor of petitioner.
r
The fee simplcVratc of defendant Key Biscayne Ocean Club Ltinited
Partnership m the following described property in Miami -Dade County. Florida:
Legal Description of that portion of the Ocean Club
Village Paris Parcel subject to covenant in Special
Warranty Deed from Farrand Corp. to Investors
1Jtverstfied Services. Inc dared June 1, 1955 (Clerk's File
No. FE R6& 5. Dade County, Florida)
OFF REC B1t
1051 I P„2i,1 '?
1Q10o8
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U'L/li. UN
MEu
t7:49 FAX 305 954 2323
WEISS EnnoTA ti IIELIMAN
(boa
(,a.R Nn.
A portion of Tract "G" FIRST ADl'SITION TO
BISCAYNE. KEY ESTATES as recorded i�t(( Plat Book 53
at Page 19 of the Public Records of bade County.
Florida, more particularly described as follows.
Begin at the Northwest Corner of said Tract 'G" said
point being on the East right of way line of Ocean Dri c.
thence S 01°47'53" E along said East tight of way line of
Ocean Drive for 194.99 feet to a point of curvature;
thence Southerly and Easterly along a 88.62 foot radius
curve leading to the left through a central angle at
88°47'07" for an arc distance of 137.32 feet to a point of
tangency; thence N 89°25'00" E for 591.19 to a point on
the East line of Said Tract "G"; thence N 06°0225" W
along said East Bile of Tract "G" for 105.98 feet; thence
departing said Fast line of Tract "G" S 89°25'00' W for
570.08 feet; thence N 01°47'54" W for 176.21 feet to a
point on the North line of said Tract "G"; thence S
R9°25'37" W along said North line of Tract "G" for
100.02 feet to the POINT OF BEGINNING.
LESS AND EXCEPT
That portion thereof lying within the South 1100 feet of
said Tract "G" FIRST ADDITION TO BISCAYNE KEY
ESTATES as recorded in Plat Book 53 at Page 19 of the
Public Records of Dade County, Florida.
shall vest m petitioner Village of Key Biscayne, upon entry of this jurl;nnent, defendant hnvin'
acKnowled_ied in open court compensation to defendant by the Village in the him of al.00
ani defcadant'r. acceptance thereof a: consideration for the sttblecr property. The subject
property consists of 404 acres, as set forth in the surveyor's notes appended to the Legal
1)csci,ptton attache'] to FFxhibit "A" to the Tuition and as admitted in paraeraph I of the
answer to the petition
OFF REC 011
i ►51 11 ; G2rl
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UZ; l r / VU MhU D:44 FAL 30IS $54 2323 AMISS SEROTA & RJ LF1AN
cz'1: tar) 9R-olo7
3. The covenant or restriction set forth in that Special Warranty need dated
June 1, 1955 front Farrand Corp. to Investors Diversified Services, Inc., recorded under
Clerk's File No. EE 86855, encumbering the vs- of the subject property benefiting the
defendant, is extinguished by operation of taw and of no further force or effect by virtue of the
Village's acquisition of the subject property and therefore the restriction is not a conversable
property right.
5. By mutual agreement announced in open court, each party shall bear its
own attorneys' fees and costs.
DONE ANT) ORDERED in Chambers at Miami. Miarni-Dade County, Florida on
February 23, 1999.
Copies Furnished To:
Eric S. Roth, Esq.
Daniel A. Weirs, Esq
3
DONNER
CIRC ' JUDGE
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!8S1 1 I'G26 :1
lioio
1 IMAGE01 : FL -99-70593-2 05/27/1999 03:32:43pm
RECORDED
FEB 25 1999
Clerk of Ciroud
a County Coiuts
VILLAGE OF KEY BISCAYNE, _
)
)
Petitioner, )
)
v. )
)
KEY BISCAYNE OCEAN CLUB )
LIMITED PARTNERSHIP, a )
Delaware limited partnership, )
)
Defendant. )
)
IN THE CIRCUIT COURT OF THE
THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 99-01024 CA 23
FOUL ORDER AS TO ALL PM1{I S
S R S FAISPOSITION
NUMBER
JUDGMENT ON THE PLEADINGS
i
T.
THIS CAUSE came before the Court on February 23, 1999, pursuant to notice on
petitioner's motion for judgment on die pleadings, and it appearing from the allegations of the
petition and the admissions of the answer that there is no genuine issue as to any material fact and
that petitioner is entitled to judgment as a matter of law, it is hereby
ORDERED AND ADJUDGED that:
1. Petitioner's motion for judgment on the pleadings is granted and final
judgment hereby entered in favor of petitioner.
2. The fee simple estate of defendant Key Biscayne Ocean Club Limited
Partnership in the following described property in Miami -Dade County, Florida:
Legal Description of that portion of the Ocean Club
Village Park Parcel subject to covenant in Special
Warranty Deed from Farrand Corp. to Investors
Diversified Services, Inc. dated June 1, 1955 (Clerk's
File No. EE 86855, Dade County, Florida)
OFF REC BK
I 8490PG I 774
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Case No. 99-01024 CA 23
A portion of Tract "G" FIRST ADDITION TO
BISCAYNE KEY ESTATES as recorded in Plat Book 53
at Page 19 of the Public Records of Dade County,
Florida, more particularly described as follows:
Begin at the Northwest Corner of said Tract "G" said
point being on the East right of way line of Ocean Drive;
thence S 01°47'53' B along said East right of way line of
Ocean Drive for 194.99 feet to a point of curvature;
thence Southerly and Easterly along a 88.62 foot radius
curve leading to the left through a central angle of
88°47'07" for an arc distance of 137.32 ket to a point of
tangency; thence N 89°25'00" E for 591.19 to a point on
the East line of Said Tract "G'; thence N 06°02'25' W
along said East line of Tract "0" for 105.98 feet; thence
departing said East line of Tract "G" S 69"25'00' W for
570.08 feet; thence N 01°47'54" W for 176.21 feet to a
point on the North line of said Tract 'G'; thence S
89°25'37' W along said North line of Tract 'G' for
100.02 feet to the POINT OF BEGINNING.
LESS AND EXCEPT
That portion thereof lying within the South 1100 feet of
said Tract "G" FIRST ADDITION TO BISCAYNE KEY
ESTATES as recorded in Plat Book 53 at Page 19 of the
Public Records of Dade County, Florida
shall vest in petitioner Village of Key Biscayne, upon entry of thin judgment, defendant having
acknowledged in open court compensation to defendant by the Village in the sum of S1.00,
and defendant's acceptance thereof as consideration for the subject property. The subject
property consists of .404 acres, as set forth in the surveyor's notes appended to the Legal
Description attached to Exhibit "A" to the petition and as admitted in paragraph 1 of the
2
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Case No. 99-01024 CA 23
1
answer to the petition.
3. The covenant or restriction set forth in that Special Warranty Deed dated
June 1, 1955 from Farrand Corp. to Investors Diversified Services, Inc., recorded under
Clerk's File No. EE 86855, encumbering the use of the subject property benefiting the
defendant, is extinguished by operation of law and of no further force or effect by virtue of the
Village's acquisition of the subject property and therefore the restriction is not a compensable
property rillht
5. By mutual agreement announced in open court, each party shall bear its
own attorneys' fees and costs.
DONE AND ORDERED in Chambers at Miami, Miami -Dade County, Florida on
February 23, 1999.
Copies Furnished To:
Eric S. Roth, Esq.
Daniel A. Weiss, Esq.
3
OFF REC BK
(8490PGt776
L17980[134-53
4'$RO f a9S5'-`3 1993 . 20 1,:C
DEDICATION AGREEMENT
(Beach Park)
THIS DEDICATION AGREEMENT is made as of the day of January, 1998, by
KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP (t e "Partnership"), a Delaware
limited 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 variances 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 municipal beach club/recreation area, in connection with 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.
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. 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 Village beach park for the use, enjoyment and benefit of residents of the Village and
their guests; provided, that no activity or condition will be conducted or permitted upon the
Dedicated Land that would constitute a nuisance with respect to neighboring residential uses.
3. Inurement. This Dedication Agreement will inure to the benefit of and be
enforceable by the Partnership and the Village, their respective successors and assigns.
LA .S i r u _ 0.60 SUR I X 0.45
HARVEY RUVIN, CLERK DADE C'2 T Y, FL
This instrument was prepared:
H. William Walker, Jr.
White & Case LLP
200 S. Biscayne Blvd.
49th Floor
Miami, Florida 33131
Please record and return to:
Steven W. Zeklowitz
Weiss, Serota & Helfman,P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
miarm 138014 [2yhg01l DOC)
REC.179881'2454
IN WITNES WHEREOF, the Partnership has caused this Dedication Agreement to the
executed as of the Sj day of January, 1998.
Witnessed:
Nam -j X011
ame:
o r
aTh Cat Vailfrla
Name: Aga de VQ YonG
STATE OF FLORIDA
) SS.
COUNTY OF DADE
KEY BISCAYNE OCEAN CLUB LIMITED
PARTNERSHIP, a Delaware limited partnership
By: Ocean Club Holdings Limited Partnership, a
Delaware limited partnership, General Partner
By: Ocean Club Holdi as, Inc., a • - :ware
corpor
Name:
Title:
Date:
ohn A. Hinson
Preside
January 1998
THE VILLAGE OF KEY BISCAYNE FLORIDA,
a Florida municipal corporation
By/"
_Name: C. Samuel Kissinger
Title: Village Manager
Date:rebruary 18, 1998
85 west McIntyre Street
Key Biscayne, FL 33149
Resolution 96-16
PASSED AND ADOPTED 14th day of May, 1996.
This instrument was acknowledged before me this 16 day of January, 1998, 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; and he
is personally known to me.
(Notary Seal)
Notary Public
State of Florida at Large '>
My commission expires:
Monica Pelella
• 4' Notary Public, State of Florida
is :<
'• ?K pp' My Commission Exp. 06/07/2001 •
i 14100.3 -NOTARY - Fh Notary Aimee A BMW( '
mlami 138014 [2yhg01P DOC]
-2-
REC. I
TS3a3455
STATE OF FLORIDA
) SS.
COUNTY OF DADE ,p
t le�yy��d b re me this / day ofFebruary 1998, by
as i%LL PLC, of THE VILLAGE OF KEY BISCAYNE,
as
FLORIDA, a Florida muni ipal corporation, on f of the Village; and /he is personally
known to me.
FF�I(F'�� Al. NOTARI SEAL
]tary ITA H ALVAREZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO CC601618
MY COMMISSION EXP. NOV 14.2000
Notary Public
State of Florida at Large /�A0D
My commission expires:
munv 138014 [2yhg0ll DOC]
-3-
Krc: I 7980C3456
EXHIBIT A
(BEACH PARK)
LEGAL DESCRIPTION
That portion of the South 1100 feet of Tract "G" FIRST ADDITION TO BISCAYNE KEY
ESTATES, as recorded in Plat Book 53 at Page 19 of the Public Records of Dade County,
Florida, lying within the following described land:
A portion of Tract "G" FIRST ADDITION TO BISCAYNE KEY ESTATES as
recorded in Plat Book 53 at page 19 of the Public Records of Dade County,
Florida, more particularly described as follows:
Begin at the Northwest Corner of said Tract "G" said point being on the East right
of way line of Ocean Drive; thence S01 °47'53"E along said East right of way line
of Ocean Drive for 194.99 feet to a point of curvature; thence Southerly and
Easterly along an 88.62 foot radius curve leading to the left through a central angle
of 88°47'07" for an arc distance of 137.32 feet to a point of tangency; thence
N89°25'00"E for 591.19 feet to a point on the East line of said Tract "G"; thence
N06°02'25"W along said East line of Tract "G" for 105.98 feet; thence departing
said East line of Tract "G" S89°25'00"W for 570.08 feet; thence N01°47'54"W for
176.21 feet to a point on the North line of said Tract "G"; thence S89°25'37"W
along said North Line of Tract "G" for 100.02 feet to the POINT OF
BEGINNING.
rtuami 138014 [2yhg01 l DOC]
IT -EL 1798EN3457
RECORDED IN OFFICIAL RECORDS BOOK
OF DADE COUNTY, FLORIDA
RECORD vERIF/ED
HARVEY RUVIN
CLERK CIRCk7 COURT
DOCUMENT COVER PAGE
FOR
DEDICATION AGREEMENT
(Beach Park)
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
OCEAN CLUB DEVELOPMENT COMPANY
THE COLONNADE, 169 MIRACLE MILE, SUITE 200, CORAL GABLES, FLORIDA 33134 PHONE (305) 444-2300 FAX (305) 446-3633
JOHN A. HINSON
PRESIDENT
January 14, 1997
By Courier
H. William Walker, Esq.
WHITE & CASE
200 S. Biscayne Blvd., Suite 4900
Miami, Florida 33131
RE: Village Lake Park Dedication
Dear Bill:
Enclosed please find the fully -executed Village Lake Park Dedication Agreement. Please
forward it, along with any other necessary documents to the Village's attorney for their acceptance
and recording.
You mentioned in your cover letter that a title opinion was enclosed with the Dedication. It
apparently didn't make it into the envelope.
Sincerel
John A. Hinson
JAH/mp
encl.
cc: Carter McDowell, Esq. (w/encl.)
DEDICATION AGREEMENT
(Lake Park)
THIS DEDICATION AGREEMENT is made as of the day of January, 1997, by KEY
BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, an Illin is 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 -I0-95 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 municipal lake park, 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.
Now therefore, in consideration of the foregoing, Partnership and Village hereby agree
and declare 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. The Village hereby acknowledges 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 Village lake park for the use, enjoyment and benefit of residents of the Village and their
guests; provided, that no activity or condition will be conducted or permitted upon the Dedicated
Land that would constitute a nuisance with respect to neighboring residential uses.
3. Satisfaction of Obligations. The foregoing dedication constitutes full and final
settlement of all obligations of Partnership, its successors or assigns, as owners 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 Partnership and Village, their respective successors and assigns.
This instrument was prepared by:
H William Walker, Jr.
White & Case
4900 First Union Financial Center
200 South Biscayne Boulevard
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
112343 12._1101 I DOC)
41w
IN WITNE S WHEREOF, Partnership has caused this Dedication Agreement to the
executed as of the Li.
day of January, 1997.
Witnessed:
L lif771-)
N ne:, ,,tN11/2-p- 'O,tC&' ._,
Name: 13on n'1.e S . P -e 1 i; s 11
KEY BISCAYNE OCEAN CLUB LIMITED
PARTNERSHIP, a Delaware limited partnership
By: Ocean Club Holdings Limited Partnership, a
Delaware limited partnership, General Partner
By: Ocean Club Holdings, Inc., a Delaware
corporation Ge er: 1 Partne
y:—_
Name:
Title:
Date:
John A. Hinson
President
January) 1997
THE VILLAGE OF KEY BISCAYNE, FLORIDA,
a Florida municipal corporation
Name: By:
Name:
Title:
Name: Date: January , 1997
-2-
112373 12M fill I)OC'
STATE OF FLORIDA )
) SS.
COUNTY OF DADE )
This instrument was acknowledged before me this T day of January, 1997, 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; and he
is personally known tome.
K
»sssswm s)svms »s»lossmw lwo.ws »»» •
e." `4/o. MONICA PELELLA :
), * f "e' Notary Public, State ofFlottda Name. Mon(Ca, FeteLIcv
, ;,,,d, I i Commission No. CC 283660
(Notary Seal), °,,alto*` My commission Expires 6/7/97 • Notary Public
,, Bonded l flua,gl, I la Notary Sen iw & Ilomlu�p Co ' . State of Florida at Large
, «,; (. C < «CZ«««<«C« «««<t «««««C «CC.
My commission expires: TW1 e 7, 19617
STATE OF FLORIDA )
) SS.
COUNTY OF DADE )
This instrument was acknowledged before me this day of January, 1997, by
as 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 Florida driver's license as identification.
(Notary Seal)
Name:
Notary Public
State of Florida at Large
My commission expires:
112343 I2N ji011 IXX:1
-3-
EXHIBIT A
LEGAL DESCRIPTION:
A portion of Lot 1, Block 1 of ALCAZAR as recorded in Plat Book 117 at Page
96 of the Public Records of Dade County, Florida, more particularly described as
follows:
Begin 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 of East Enid
Drive also being the North line of said Lot 1 for 293.19 feet; thence departing at
right angles said South right of way line of East Enid Drive and North line of said
Lot 1 SOO°34'23"E for 39.91 feet to a point on a circular curve concave to the
Southeast and whose radius point bears S24°32'21"E also being a point on the
waterward face of a concrete bulkhead the following two (2) courses being along
said waterward face of the concrete bulkhead: (1) thence Southwesterly along a
459.00 foot radius curve leading to the left through a central angle of 15°38'00"
for an arc distance of 125.24 feet to a point on circular curve concave to the South
and whose radius point bears S00°18'26"E; (2) thence Southerly along a 63.97
foot radius curve leading to the left through a central angle of 72°54'48" for an arc
distance of 81.41 feet; thence S85°24'28"W for 104.00 feet; thence N15°50'38"W
for 154.78 feet to a point on a circular cuve concave to the Southeast and whose
radius point bears S49°21'49"E; thence Northeasterly along a 25.00 foot radius
curve leading to the right through a central angle of 48°47'26" for an arc distance
of 21.29 feet to the POINT OF BEGINNING.
112343 ,2M 1011 DOC]
LEGAL DESCRIPTION:
A portion of Lot 1, Block 1 of ALCAZAR as recorded in Plot Book 117 of Page 96 of the Public
Records of Dode County, Florida, more particularly described os follows:
Begin 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 N 89'25'37" E along
said South right of way line of East Enid Drive also being the North line of soid Lot 1 for 293.19
feet; thence departing at right angles said South right of way line of Eost Enid Drive and North
line of said Lot 1 S 00'34'23" E for 39.91 feet to o point on a circular curve concave to the
Southeast and whose radius point bears S 24'32'21" E also being a point on the woterward face of
a concrete bulkhead the ,following two (2) courses being along said waterward face of the concrete
bulkhead; (1) thence Southwesterly along a 459.00 foot radius curve leading to the left through o
central angle of 15'38'00" for on arc distance of 125.24 feet to a point on a circular curve
concave to the South and whose radius point bears S 00'18'26" E; (2) thence Southerly along a 63.97
foot radius curve leading to the left through o central angle of 72'54'48" for an arc distance of
81.41 feet; thence S 85'24'28" W for 104.00 feet; thence N 15'50'38" W for 154.78 feet to o point
on o circular curve concave to the Southeast and whose radius point bears S 49'21'49" E; thence
Northeasterly along a 25.00 foot radius curve leading to the right through a central angle of
48'47'26" for an arc distance of 21.29 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
— This site lies in Section 5, Township 55 South, Range 42 East, Village of Key Biscayne, Dade
County, Florida.
— Bearings hereon ore referred to on assumed value of N 89'25'37' E for the South right—of—woy line
of East Enid Drive.
— Lands shown hereon were npt obstructed for easements and/or rights —of —way of records.
— Lands shown hereon ore located in Federal Flood Zone AE (El. 8') per Community Panel No. 120648
0281 J, Doted March 02, 1994.
— Lands shown hereon containing 33,922 square feet, or 0.7787 acres, more or less.
— This is not a "Land Survey" but only a graphic depiction of the description shown hereon.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on February
6, 1996, and meets the Minimum Technical Standards os set forth by the Florida Board of
Professional Land Surve •rs in Chapter 61G17-6, Florida Administrative Code, pursuant to Section
472.027, Florida Sta
FORTIN, LEAVY,
"NOT VALID UNLESS SEALED"
8v:
Daniel C. Fortin, For The Firm
Professional Land Surveyor No. 2853
State of Florida
THE OCEAN CLUB — VILLAGE LAKE PARK
Drawn BY REP
Cad No. 960086-6
Ref DR'S'. 294F-401
SKETCH OF DESCRIPTION
FORTIN L EA VY, SKIS INC
Date February 6, 1996
Scale None
Job. Na 9533
REVISED: 1/9/97
Plotted 1/9/97 7:24o
CONSULTING ENGINEERS & LAND SURVEYORS
180 Northeast 168th. Street /North Miami Beach, Florida 93162
Ph. 653-44913/Fax 651-7152
Dwg. Na 196A-506
Sheet
1 of 3
/ /
/ /
.J
-1 (--
1
W. —ETA-
DRIVE
r-
-41
I m
MOS! NORIHERL Y
NomteSr CORNER
LT''LOr,, Et Oa I
PIA r 8Xt( I M PAGE 96
J 120'
z
W. KOOD DRIVE a
z
1�
W. MASH TA DRIVE
— ISLAND ORI VE:
GALEN DRIVE
SUNRISE DRIVE
RUTGERS SUBDIVISION
(PLAT BOOK 76, PAGE 62)
T R A C T " E "
(PLAT BOOK 53, PAGE 19)
EAST ENID DRIVE
LWK /7
AL C41 ZAR
T /)%/ /.i/// / i °
(PLAT BOOK 117, PAGE 96)4V
EAST WOOD DRIVE (CLOSED)
7/777/7/ T// -
/F/RST ADD/17ON TO
B/SCA YNE KEY VILLAGE
// //// //// //
,T R A C T "F"
(PLAT BOOK 53, PAGE 19)
SEA wEW DRIVE
`�-SW1NACST CORNER Or
N. MCI 'f"
r ••42LAr ROOK u PALE 19
•�\\ \\
171E OCEAN CLUB — VILLAGE LAKE PARK
T
C5
O
EROSION/ONTROL LINE
PER PLAT BOOK 74.
PAGE 26 PUBLIC
RECORDS DADE
COUNTY. FLORIDA
Drawn BY REP
Cad. No. 960086L6
Bet Dwg. 294F-401
SKETCH OF DESCRIPTION
FORTJN L EAVY, SKILLS; INC.
Dare February 6, 1996
Scale N.T.S.
✓obi No. 9533
Pbtted 2/7/96 9.03o
CONSULTING ENGINEERS & LAND SUR VEYORS
180 Northeast 168th. Street / North Miami Beach, Florida 33162
Ph. 653-4493 / Fax 651-7152
Dwg. No. 196A-506
Sheet
2 of 3
Qt
w
-4
l 60 00'
RIGHT
4.1
OF WAY
1V4
rrr
60 00'
RIGHT
OF WAY
14 a
1$15
EASTERLY RIGHT OF WAY
UNE PLAT BOOK 53,
PAGE 19
I \ I
\ \ 1 \J i
i
POINT OF BEGINNING
MOST NORTHERLY NORTHWEST
CORNER OF LOT 1, BLOCK 1
PLAT BOOK 117, PAGE 96
,
EAST ,E N l D DRIVE
N 89'25'37" E
/293.19'
'/WATERWARD FACE OF'
CONCRETE BULKHEAD
/
/ /= 15'.38'/
R = 459.00'
w L = 125.24'
/
85'24'28" W
104.00'
= 7754148"
R = 63.97'
--�i L = 81.41'
THE OCEAN CLUB - VILLAGE LAKE PARK
NORTH UNE OF LOT 1,
BLOCK 1 PLAT BOOK 117,
PAGE 96
(EAST PLAT)
00'34'23' E
39.91'
LOT I, OLOCK I
ALCAZAR
(PLA T BOOK 117, PAGE 962
SOUTH LINE OF LOT 1, BLOCK 1
_07—SOUTH
PLAT BOOK 117, PAGE 96
TRACT 'F'
(PLAT BOOK 53, PAGE 192
GRAPHIC SCALE
0 20 40 60 80 160
1
( IN FEET )
1 inch = 80 ft.
Drawn By REP
Cad No. 960086-6
Ref Dwp. 294F-401
SKETCH OF DESCRIPTION
FORTIN, L EA V &HE, INC.
Date February 6, 1996
Scale 1" =80'
Job. Na 9533
Plotted 1/9/97 7:24a
CONSULTING ENGINEERS & LAND SURVEYORS
180 Northeast 168th. Street / North Miami Beach Florida. 33162
Ph. 653-4493/Fax 651-7152
Dwg Na 196A-506
Sheet 3 of 3
RESOLUTION NO. Z-10-95
WHEREAS, THSP Associates Limited Partnership III and The Ocean
Club Limited Partnership, (the "Owners") the owners of the real
property legally described on Exhibit "A" to this Resolution (the
"Property"), have applied to the Village of Key Biscayne for
approval of a special exception authorizing the development of the
Property in accordance with a particular site plan of development;
and
WHEREAS, the Owners have also applied for variances from the
Village's regulations on the height of structures permitted on the
Property and specifically Section 30-22 of the Village Code and
Section 33-212 of the Code of Metropolitan Dade County as adopted
by the Village as its municipal regulation; and
WHEREAS, the Owners have also requested the approval of
modifications to a Declaration of Restrictive Covenants In Lieu of
Unity of Title, Monetary Contributions and Pedestrian Easement (the
"Declaration"); and
WHEREAS, the Village held an advertised public hearing to
consider the foregoing requests, at which time all interested
persons where afforded an opportunity to be heard on the requests;
and
WHEREAS, the Village Council has considered the evidence and
testimony presented in connection with the requests and has
determined that the applicable criteria for the granting of the
requests has been met.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF
THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The requested special exception is hereby
approved, subject to the following conditions:
A. That the Property be developed substantially in
accordance with the plan entitled The Ocean Club, Master Plan,
prepared by Bradshaw, Gill and Associates, dated July 27, 1995
consisting of one sheet; and the plan entitled The Ocean Club,
"Sight Line From Sands Condominium" dated July 24, 1995, containing
one sheet (the "Plans");
B. The Owners dedicate to the Village the "Proposed
Village Beach Park," the "Five Foot Additional Beach Access
Promenade" and the "Proposed Village Lake Park," all as shown on
the Plans.
C. At the time of dedication of the "Proposed Village
Beach Park" and the "Five Foot Additional Beach Access Promenade,"
the Owners pay the Village a lump sum payment of $250,000 for the
purpose of paying for or offsetting the cost of improvements to the
"Proposed Village Beach Park" and the "Five Foot Additional Beach
Access Promenade."
D. Prior to the dedication of the "Proposed Village Lake
Park," the Owner shall complete improvements to said "Proposed
Village Lake Park" substantially in accordance with the plan
entitled "Proposed Village Lake Park," prepared by Bradshaw Gill
- 2 -
and Associates, dated July 27, 1995
E. No development permits shall issue for any portion of
the property lying east of that certain north\south roadway shown
on the Plans as "Lake Drive", prior to: 1) the Village approving
(at a public hearing) a detailed site plan(s) (including elevation
plans) for the building(s) for which development permits are
requested; and 2) dedication of the "Proposed Village Beach Park"
and the "Five Foot Additional Beach Access Promenade."
Section 2. The requested height variances as shown on the
Plans are hereby approved, subject to the following conditions:
A. That the Property be developed substantially in
accordance with the plan entitled The Ocean Club, Master Plan,
prepared by Bradshaw, Gill and Associates, dated July 27, 1995
consisting of one sheet; and the plan entitled The Ocean Club,
"Sight Line From Sands Condominium" dated July 24, 1995, containing
one sheet (the "Plans");
B. The Owners dedicate to the Village the "Proposed
Village Beach Park," the "Five Foot Additional Beach Access
Promenade" and the "Proposed Village Lake Park," all as shown on
the Plans.
C. No development permits shall issue for any portion of
the property lying east of that certain north\south roadway shown
on the plans as "Lake Drive" prior to: 1) the Village approving
(at a public hearing) a detailed site plan(s) (including elevation
plans) for the building(s) for which development permits are
requested; and 2) dedication of the "Proposed Village Beach Park"
- 3 -
and the "Five Foot Additional Beach Access Promenade."
Section 3. The requested modifications to the Declaration, as
shown on Exhibit "B" to this Resolution, are hereby approved.
Section 4. In the event that any part of this Resolution
conflicts with Dade County Resolution Nos. Z-188-89, as modified by
Resolution Z-127-91, this Resolution shall control; however, said
Resolution No. Z-188-89, as modified, and each of the provisions
and conditions therein, shall survive to the extent necessary and
appropriate to allow for the development of the Property in
accordance with the plans described in Section 1.A and Section 2.A
above.
Section 5. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 27th day of July, 1995.
ATTEST' :
3.��7L
. FESTA, MAYOR
IDO H. JNGUANZO, JR., CMC, VILLAGE CLERK
APPROVED AS TO AL _UFFICIENCY:
4
EXHBIT "A"
SUBJECT PROPERTY: A portion of Sections 4 and 5, Township 55 South,
Range 42 East, described as follows:
Parcel I: The south 1,100'; of Tract "G", FIRST ADDITION TO
BISCAYNE KEY ESTATES, Plat Book 53, Page 19, together with all
riparian rights appurtenant and adjacent thereto.
Parcel II: Begin at the Southwest corner of Tract "G", FIRST
ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page 19, the same
being a point on the E/ly right-of-way line of Ocean Drive as the
same is shown on the said FIRST ADDITION TO BISCAYNE KEY ESTATES;
thence 89°58'38"W, along the prolongation west of the south line of
the said Tract "G" for a distance of 114.61' to a point on the E/ly
right-of-way line of the realignment of Ocean Drive, Official
Record Book 6631, Pages 6 & 7; thence run N1°13'38.2"W along said
E'ly right-of-way line a distance of 738.07' to a point on a
circular curve whose center bears N88°46'21.8"E from said point;
thence S/ly along the last described circular curve and the Wily
boundary of said Tract "G" having a radius of 2,450' through a
central angle of 17°35'30.1" for an arc distance of 752.23' to the
Point of Beginning.
Parcel III: The west 100' of Tract "G" less the south 1,100'
thereof, FIRST ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page
19, together with all riparian rights appurtenant and adjacent
thereto.
Parcel A: Lot 1 and Lot 2, Block 1, ALCAZAR, Plat Book 117, Page
96.
Parcel B: Tract "F", FIRST ADDITION TO BISCAYNE KEY ESTATES, Plat
Book 53, Page 19, lying Wily of the Wily right-of-way boundary of
the realignment of Ocean Drive as described in that certain right-
of-way deed to Dade County, filed on November 3, 1969, Official
Record Book 6631, Pages 6 & 7.
Subject to the dedications to Dade County by Right -of -Way Deeds
filed on June 17, 1955, Deed Book 4110, Pages 3 & 4, and on January
21, 1970, Official Record Book 6727, Pages 587 and 588 for rights -
of -way of East Wood Drive and Seaview Drive.
LESS AND EXCEPTING from Parcel B, Parcel "A" as aforedescribed and
Less and Excepting the East 233.55' of that portion of Tract "F" as
aforedescribed lying north of the N/ly right-of-way boundary of
East Wood Drive described in Deed filed on June 17, 1955 in Deed
Book 4110, Pages 3 & 4.
Parcel C: The east 233.55' of that part of Tract "F" FIRST
ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page 19, lying
north of the north right-of-way boundary of East Wood Drive, Deed
Book 4110, Page 3.
Less the following described parcel deeded to Dade County for
right-of-way by instrument recorded in Official Records Book 10636,
Page 744, re-recorded in Official Records Book 10947, Page 1910.
The external area formed by a 25' radius circular curve to the
Northwest, tangent to the east with the east boundary of Tract "F",
FIRST ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page 19, and
tangent to the south, with the north right-of-way boundary of East
Wood Drive as described in that certain right-of-way deed to Dade
County filed for record June 17, 1955, and duly recorded in Deed
Book 4110, Page 3. All of the foregoing lying, situate and being
in Section 5, Township 55 South, Range 42 East, KEY BISCAYNE.
103001\RESOLUTION\LEGAL.EXA
Rcsidcntiall
EXHIBIT "B"
DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE,
MONETARY CONTRIBUTIONS, AND PEDESTRIAN EABEMENTPAR `'DEDI TION
Kcy Bioeaync Hotel & Villas Limited Partncrsh p ,:` i.
Li P.:AllmOiates...: im :ted :. a the a »::I=II
("Owner") hereby voluntarily makes, declares, and imposes on the
property described below, the covenants running with the title to
the land, which shall be binding on the Owner, its heirs,
successors and assigns, personal representatives, mortgagees,
lessees, and against all persons claiming by, through, or under
them until such time as this instrument is released in writing as
hereinafter provided:
WHEREAS, Owner holds the fee simple title to the property in
Dade County, Florida, described in Exhibit "A" attached and
incorporated in this instrument (hereinafter referred to as the
"Property"); and
WHEREAS, Owner intends to develop the Property for a hotcl,
residential uses and various ancillary uses and wants to assure
Dadc County the village of -_.Key Bisca o that (1) the development
will be built in substantial accordance with the proffered plans
and (2) the representations made by the Owner, in connection with
the approval of itc The::Oce 2 -club .-Key a-iscay zoning application
(Public Hearing No. 89 123) and the issuance of a Development Order
approving mOdifiOatiO4S to the development in accordance with
1/ Highlighted words are additions to text, wordc Struck
through are deletions to text.
Section 380.06 of the Florida Statutes, will be satisfied; and
WHEREAS, Owner intends to develop the buildings on the
Property in a hotel and condominium format of ownership and/or in
two or more phases; and
WHEREAS, Owner may wish to convey portions of the Property
from time to time, and may wish to offer units as condominiums, and
is executing this instrument to assure the County that the phased
development of the Property with future ownership will not violate
the Zoning Code or other land use ordinances or regulations of
Metropolitan Dadc Countyt ae when it is developed.
NOW, THEREFORE, in consideration of the premises, Owner hereby
agrees as follows:
1. Site Plan. The Property will be developed in substantial
conformity with the
:site plans entitled, Kcy Bi3caync
Hotel & Villa3, prcparcd by Edward D. Ctonc, Jr. and A33ociatc3;
£pilli3 Candela & Partncr3, Inc; Metric Engineering, Inc.; Mouriz
Salazar Ao3ociatc3, Inc.; Frizzcll Hill Moorhouoc, Architccto; CYP
of Florida, Inc., Architect3; and Robert M. Swcdroc, P.A.,
Architccto, con3ioting of 95 3hect3, all otamped received by the
Building and Zoning Dcpartmcnt on Auguot 15, 1989, and the lake
excavation plan entitled, Kcy Biscayne Hotel and Villas Propo3ed
Lake Excavation, prepared by Metric Engineering, Inc., Stamped
received by the Building and Zoning Department on Auguot 31, 1989
Th6 re €s
Assoc .ateiW,dated > July
d' -e
plan entitled .:The Ocean :Club( ...'Sight Lime= Prom Sands . C n .uze
dated `ay. 24, .19.95,:.containing one -sheet. (collectively referred to
as the "Plans") . . Limit de l m xit
- .1:2
is a;::;€ ;:_i �di€ :; ca�t ��a�a g
access
of I40'daba
:lam
>a' beach:> ub struetom->::o ::>: <> imu
# :t o ..:s a e ` x:'406:.. 7„:7 =' 0*
n 3 €€ __; l : :: i far x: `s ` :'.''d
inc _ en
3. Phased Development_ If the property is developed in
phases, each phase will be developed in substantial accordance with
the site plan and all zoning requirements.
development, when standing independently
existing, developed, contiguous phases or
Each phase or stage of
or in conjunction with
stages, shall meet all
zoning requirements. This provision shall not be subject to a
request for a variance.
4. Reciprocal Easements. Where necessary, and to the extent
necessary, Owner hereby reserves easements and hereby grants
reciprocal cross -easements to the owners of each phase or stage of
development, in and over the Property for utilities, water and
sewer lines, common parking areas, streets, driveways, entrance and
exits, so that the integrity of the development shall be
maintained.
5. Multiple Ownerships. In the event of multiple ownership
subsequent to site plan approval, each of the subsequent owners,
mortgagees, and other parties in interest shall be bound by the
terms, provisions and conditions of this instrument.
6. Homeowner's Association.
Kcy Biccayne Hetel and Villa3 Community Association,
Inc. . .. >..;:<<Viers:::ao o € t: z > € ::
•i}}itiiti{•;{{4.{•}:{•}:•}:{iL::•}:i•.:.x.v n•}}. }.v......4n rfRn::i%•}isr{•S:•}:4}�ri•:4ii}:•}}:•}:•%i{.%w:tii.}:i•}li•}:•:/riNi}:•}:•:v'vY:•:4S:4i;.}. r... �C{}.{u..t4.1....•.•:: r.':''r:''.Y'�}r.f':rr::'.•..:?tty':4:•{$:{il:{•'.. \v:':.:. �::•.:::::.
has bccn crcatcd or will be created prior to the conveyance of any
portion of the Property, for the entire development (total
property) as a master association which shall provide for the
maintenance of all common areas, certain roadways, cross -easements,
and other amenities common to the entire parcel of land (the
Property). This instrument shall not, however, preclude individual
condominium -or associations for, or owners of, each phase or stage
to maintain their own buildings or other own common areas as long
as such associations or owners, or the members of such
associations, are members of the master association and each such
condominium or other association is required by this instrument to
be members of the master association.
7. Monetary Fire Service Contribution. To help defray the
capital costs of future fire service expansion needs benefitting
the development of the Property, Owner shall voluntarily contribute
to Dade Cou -jt-- `: Z a :: € . ... a B. scayne Fire Department the sum
of $239,470.00, which represents $160.00 per residential unit and
$0.16 per square foot of commercial development on the Property.
The fire service contribution shall be made in two parts: the
first payment is due at the time of platting or waiver of plat
approval on the Property or any portion thereof, and the final
payment is due at the time of the issuance of a building permit for
the 693rd hotcl room and\or residential unit to be constructed on
the Property. The fire service contribution shall be adjusted for
cost -of -living charges over time, beginning on the day following
approval, at a public hearing, of the subject application. The
standard for determining cost -of -living adjustments shall be the
Fixed -Weighted Price Index for Gross Private Domestic Fixed
Investment, Non -Residential ("Deflator"), issued quarterly by the
Bureau of Economic Analysis, United States Department of Commerce.
8. Entrance Feature Improvements Associated with Bill Baggs
Cape Florida State Recreation Area. Owner shall voluntarily
contribute $140,000 to be used towards the design and construction
of the improvements on state property at the Bill Baggs State Park
entrance, before the issuance of any final certificate of
occupancy. Owner shall obtain approval of the final design of the
entrance by the Dade County Public Works Department and State
Department of Natural Resources.
9. Variable Message Signage Contribution. Owner shall
voluntarily contribute $65,000 to Dade County to be used towards
the design and installation of variable message signage including
communications, to be located in the vicinity of the Rickenbacker
Toll Plaza and Bear Cut. Owner shall make these funds available
within six months of the adoption of the Development Order, and
such funds shall remain available until expended or until December
31, 1995, whichever occurs first.
10. Roadway Improvements. Before January 1, 1992, Owner
shall pay its proportional share of the roadway improvements
identified in Exhibit B attached, to be applied as a credit against
the contribution identified in paragraph 4: above, as allowed by
the Dade County Public Works Department. Additional credit against
the contribution identified in paragraph 4S.of this instrument may
be allowed, as determined by the Dade County Public Works
Department.
10. Pcdcotrian Eaoemcnt. Owncr Shall providc a perpctual
pcdcotrian caocmcnt of ten fcct in width for public acccso to the
beach, ao dcpicted on the Plano, rcfcrrcd to in paragraph 1 abovc.
11. Local Park/Athletic Programming Contribution. If a site
for a local park for Key Biscayne residents is obtained by the
County within the Bill Baggs Cape Florida State Recreation Area
("State Park"), then Owner shall voluntary contribute $50,000 per
acre of such local park up to a maximum of $500,000 to be used for
the development of such local park, including preparation of the
land and installation of playing fields. To the extent that a
surplus exists after the completion of such improvements, then the
balance of such funds shall be used as provided in the next
sentence. If the necessary state approvals for such local park
within the State Park are not obtained, within one year from the
date this Agreement becomes effective, then Owner shall contribute
a maximum of $500,000 for athletic programming and equipment for
residents of Key Biscayne to be administered by the County's Park
and Recreation Department.
12. Monetary School Contribution. Owner shall voluntarily
contribute $3,200,000 to the School Board of Dade County, Florida
("School Board") , payable, in three. ecivaV,principal of
1.0“:.:.'66V. , Judy: ..1995.i.and.: J i . L :..9 it `-:for the
construction of supplemental improvements to the Key Biscayne
Elementary School. The specific terms of this school contribution
shall be set forth in a separate Declaration of Restrictive
Covenants Concerning Monetary Contributions to Key Biscayne
Elementary School between the Owner and the School Board, and
recorded in the Public Records of Dade County, Florida, within
thirty days of the execution of this instrument.
13. Issuance of Building Permits and Final Certificates of
Occupancy. Owner shall not request the issuance of any
certificates of occupancy until the Owner is in compliance with
paragraph 44 of this instrument. Beginning on January 1, 1992,
Owner shall not request the issuance of any further building
permits until Owner is in compliance with paragraph 416 of this
instrument.
14. Term of Declaration. The provisions of this instrument
shall become effective upon their recordation in the public records
of Dade County, Florida, and shall continue in effect for a period
of thirty (30) years after the date of such recordation, after
which time they shall be extended automatically for successive
periods of ten (10) years each, unless released in writing by the
then owners of the Property (or the Association named in paragraph
5 above, on their behalf) and he
Biscayne.
16. Modification. The provisions of this instrument may be
amended, added to, derogated, deleted, modified, or changed from
time to time by recorded instrument executed by the then owner or
..<Y:najority of the owners of all the Property or the maatcr
Aaaociatioa referred to above, or the Master Association referred
to above, provided that such modification, amendment, or release is
also approved by the Board of County Commiaaioncrc ag :__ flu ?
. gpa x , after public hearing.
Should this Declaration of Restrictive Covenants be so
modified, amended, or released, the Director of Mctropolitan Dadc
County Building and Fr #:.. .Zoning Department and Building, or
his successor, shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment, or
release.
17. Enforcement. Enforcement shall be by action at law or in
equity against any parties or persons violating or attempting to
violate any covenants, either to restrain violation or to recover
damages. The prevailing party in the action or suit shall be
entitled to recover, in addition to costs and disbursements allowed
by law, such sum as the court may adjudge to be reasonable for the
services of his attorney.
18. Presumption of Compliance. When construction has
occurred on the Property or on any portion of the Property pursuant
to a lawful permit issued by Dadc Countyte- >i a and
inspections made and approval of occupancy granted by Dadc
Fe t e'NIIllage, then such construction, inspections, and
approval shall create a presumption that the buildings or
structures thus constructed comply with the intent and spirit of
this Declaration. This Declaration shall not be construed as a
cloud on title on the Property or on any portion of the Property
upon which such development has occurred.
19. Inspection. As further part of this agreement, it is
hereby understood and agreed that any official inspector of the
Dadc County Building and Zoning Dcpartmcntth-e.::: 'llagge, or its
agents duly authorized, may have the privilege at any time during
normal working hours of entering and investigating the use of the
premises to determine whether the Property complies with building
and zoning regulations and the conditions herein.
20. Severability. Invalidation of any of these covenants, by
judgment or court, in no way shall affect any of the other
provisions of this instrument, which shall remain in full force and
effect.
Signed, sealed, executed, and acknowledged on this
27th day of September, 198 -9 -
OWNER:
Signed, sealed and delivered
in the presence of:
KEY BICCAYNE HOTEL & VILLAD
LIMITED PARTNERSHIP, an Illinoic
limitcd partncrchip
By: VMS Rca1ty Invcstors, an
tncrohip, its g
P
By:
Jocl A. Ctonc,
General
- • PAR.TN IP ..
`HSP .- ASS CTi TE,S LIMITED
PARTNERSHIP In
............................................................
Exhibit "A"
SUBJECT PROPERTY: A portion of Sections 4 and 5, Township 55
South, Range 42 East, described as follows:
Parcel I: The south 1,100'; of Tract "G", FIRST ADDITION TO
BISCAYNE KEY ESTATES, Plat Book 53, Page 19, together with all
riparian rights appurtenant and adjacent thereto.
Parcel II: Begin at the Southwest corner of Tract "G", FIRST
ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page 19, the same
being a point on the E/ly right-of-way line of Ocean Drive as the
same is shown on the said FIRST ADDITION TO BISCAYNE KEY ESTATES;
thence 89°58'38"W, along the prolongation west of the south line of
the said Tract "G" for a distance of 114.61' to a point on the E/ly
right-of-way line of the realignment of Ocean Drive, Official
Record Book 6631, Pages 6 & 7; thence run N1°13'38.2"W along said
E'ly right-of-way line a distance of 738.07' to a point on a
circular curve whose center bears N88°46'21.8"E from said point;
thence S/ly along the last described circular curve and the Wily
boundary of said Tract "G" having a radius of 2,450' through a
central angle of 17°35'30.1" for an arc distance of 752.23' to the
Point of Beginning.
Parcel III: The west 100' of Tract "G" less the south 1,100'
thereof, FIRST ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page
19, together with all riparian rights appurtenant and adjacent
thereto.
Parcel A: Lot 1 and Lot 2, Block 1, ALCAZAR, Plat Book 117, Page
96.
Parcel B: Tract "F", FIRST ADDITION TO BISCAYNE KEY ESTATES, Plat
Book 53, Page 19, lying W/ly of the W/ly right-of-way boundary of
the realignment of Ocean Drive as described in that certain right-
of-way deed to Dade County, filed on November 3, 1969, Official
Record Book 6631, Pages 6 & 7.
Subject to the dedications to Dade County by Right -of -Way Deeds
filed on June 17, 1955, Deed Book 4110, Pages 3 & 4, and on January
21, 1970, Official Record Book 6727, Pages 587 and 588 for
rights -of -way of East Wood Drive and Seaview Drive.
LESS AND EXCEPTING from Parcel B, Parcel "A" as aforedescribed and
Less and Excepting the East 233.55' of that portion of Tract "F" as
aforedescribed lying north of the N/ly right-of-way boundary of
East Wood Drive described in Deed filed on June 17, 1955 in Deed
Book 4110, Pages 3 & 4.
Parcel C: The east 233.55' of that part of Tract
ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page
" F "
19,
FIRST
lying
north of the north right-of-way boundary of East Wood
Book 4110, Page 3.
Less the following described parcel deeded to Dade
right-of-way by instrument recorded in Official Records
Page 744, re-recorded in Official Records Book 10947,
Drive, Deed
County for
Book 10636,
Page 1910.
The external area formed by a 25' radius circular curve to the
Northwest, tangent to the east with the east boundary of Tract "F",
FIRST ADDITION TO BISCAYNE KEY ESTATES, Plat Book 53, Page 19, and
tangent to the south, with the north right-of-way boundary of East
Wood Drive as described in that certain right-of-way deed to Dade
County filed for record June 17, 1955, and duly recorded in Deed
Book 4110, Page 3. All of the foregoing lying, situate and being
in Section 5, Township 55 South, Range 42 East, KEY BISCAYNE.
l
)33:
COUNTY OF COOK )
BEFORE ME, thc underoigned authority, thio day per3onally
appeared Leonard Lein and Albert , both being to me well
known and known to me to be the Vice Prcoidcnt and Secretary of VNO
•
who, in their effieial eapacltioo a3 ouch officer3 of said
Corporation executed, 3ignc4 and delivered the Said in3trument ao
the act and deed of said Corporation, and the Said officer3 of Said
Corporation then and there severally acknowledged to and before me
that they executed the Said in3trumcnt acting in their Said
official c pacitie3, for and a3 to thc act and decd of the Said
-css thereon its corporate seal
for the u3eo and ptirpe3eo therein mentioned, and after being duly
authorized and direct.
WITNESS my hand and official 3ca1 at Chicago, Cook County,
Illinoi3 in the County and State aforcoaid, on thi3, the 26th day
of September, 1989.
Notary Public
State of Illinoi3 at Large
cxp
103001\resolutions\exhibitb.811
)oo:
COUNTY OF COOK )
appeared Leonard Levin and Albert , bath being to me well
known and known to me to be thc Vicc FrclAdent and Secretary of VM&
MORTCACP3 INVESTORS III, INC. , an Illinei-s eerporatien, general
. .
Corporation io knownr o me to be deeeribed in a =rch
exeeu ed the£ei°egeing-inst*ument,, th'e—said zrid
thc act and deed of said Cerperation, and the said of f ieer'o of oaid
Cerpe atien-then and r
that they executed the said inotrnment aeting in their oaid
official eapaeities, €or and ao to the set and deed of the oaid
Corporation and in its name, and imprcao thereen ito eorporatc seal
for the uoco and pnrpeoto therein mentioned, and after being duly
authorized and direct.
WITNECC my hand and official ocal at Chicago, Coek County,
Illinoio in the County and State aforcoaid, en thio, the 26th day
of September, 1989.
Notary Public
Ctate of Illinoio at Large
103001\resolutions\exhibitb.811
C
Exhibit "B"
PROPORTIONAL SHARE FOR ROADWAY IMPROVEMENTS
Applicant's
Proportional Share
A. Crandon Boulevard/Wood Drive:
Extend southbound left -turn
storage bay
B. Brickell Avenue: Six -lane
widening from SE 25th Road
to SE 26th Road
TOTAL Proportional Share
SOURCE: ADA, SFRPC
$5,000
$18,553
$23,553
The undcroigned, VMS MORTCACE INVESTORS, L.P. III, a Dclawarc
Limited Partncrohip, Mortgagee, under that certain Meetgagc from
VMS 198C 360 LIMITED PARTNERSHIP, an Illinoi3 limited partnership,
new knewn z - YNE-Ho L- '-DES- IMITED"n P oH-IP, an
Illinoi3 limitcad paatnersh4p, dated the 2 -4th of Oetobcr 1987, and
rccordcd the 21ot day of October, 1987, in Official Record3 Book
13152, at page 1286, of the Public Rccord3 of Dadc County, Florida,
in the original amount of $6,988,800, covering all/or a portion of
the property dc3cribcd in the feregoing Declaration of Rc3trictivc
Covcnanto in Licu of Unity of Title, Monetary Contribution3, and
Pcdcotrian Eaoemcnt (the "Declaration"), doco hereby acknowledge
that the tcrmo of the Declaration arc and 3ha11 be binding upon the
under3igned and it3 3uccc000ro in title.
IN WITNECS WHEREOF, thcoc preocnto have been executed thin
26th day of September, 1989.
£igned in the prcocnce of:
III,
INC.,
VMS MORTCACE INVESTORS L.P.
a Delaware limited partnerohip
By: VMS MORTCACE INVESTORS III,
poration,
Name-
Prcoidc
Attcot: (Seal)
C
y
C
STATE OF ILLINOIC )