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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 IMAGE01 : FL -99-70593-2 05/27/1999 03:32:43pm 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 IMAGE01 : FL -99-70593-2 05/27/1999 03:32:43pm 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 OFF REC F3i{ !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 IMAGE01 : FL -99-70593-2 05/27/1999 03:32:43pm 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 OFF REC BH I 8190PGI775 IMAGE01 : FL -99-70593-2 05/27/1999 03:32:43pm 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 )