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HomeMy Public PortalAbout1998 - Beach Park.tifREC. 1 1 98EPG3451 RECORDED IN OFFICIAL RECORDS BOO# OF D4DE COUNTY, FLORIDA RECORD v6RIFlEO HARVEY RUVIN CLERK comor colas 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 OFF. C. 11986JC3453 P,E 9SRO79 6 1993 F 21.1 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. This instrument was prepared: H. William Walker, Jr. White & Case LLP 200 S. Biscayne Blvd. 49th Floor Miami, Florida 33131 E 0CSTF'DEE HARVEY RUVIN, CLERK DADE CUNT } y Please record and return to: Steven W. Zeklowitz Weiss, Serota & Helfman,P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 .4r;irr . 0160 GURU unarm 138014 [2yhgOP DOC] REC. 179E EPC3454 IN WITNES WHEREOF, the Partnership has caused this Dedication Agreement to the executed as of the �j day of January, 1998. Witnessed. 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 ; s, Inc., a - : ware corpor Name: Title: Date: ohn A. Hinson Preside JanuaryT(g 1998 THE VILLAGE OF KEY BISCAYNE FLORIDA, a Florida municipal corporation Name: UOU✓ /Ave/ - Name: C. Samuel Kissinger �ofVOL Name: Ana e% Va ycnci STATE OF FLORIDA ) SS. COUNTY OF DADE Title: Village Manager Date: ebruary 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: eGP so Monica Pelella Notary Public, State of Florida 111 *Falb My Commission Exp. 06/07/2001 I400 -3 -NOTARY • P1. Notary Swvice R Dead* G. nano 138014 [2yhg01 v DOC] -2- REC: 119 PC34_55 STATE OF FLORIDA COUNTY OF DADE 1/2 ) SS. ,p February d - .re me this / day of , 1998, by !as //C of THE VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida muni6ipal corporation, on f of the Village; and /he is personally known to me. (N Mary FFI AL NOTARY SI-Al. IITA H ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC601618 MY COMMISSION EXP. NOV 14,2000 44 lai&s° Notary Public State of Florida at Large 6D My commission expires: l � miazm 138014 [2yhg01 P DOC] -3- REC: 1793 0C3456 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. mium 138014 [2yhg01 P DOC]