HomeMy Public PortalAbout2013-04 Approving a conveyance of the Ocean Drive Right-Of-Way to Consultatio KB LLCORDINANCE NO. 2013-4
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING A CONVEYANCE OF
APPROXIMATELY 57.5 FEET OF THE OCEAN DRIVE
RIGHT OF WAY, AS FURTHER LEGALLY DESCRIBED ON
EXHIBIT "A," TO CONSULTATIO KEY BISCAYNE LLC IN
ACCORDANCE WITH RESOLUTION 2011-24; PROVIDING
FOR AUTHORIZATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on August 22, 2011, the Village of Key Biscayne (the "Village") Village
Council adopted Resolution 2011-24 (the "Resolution") approving the vacation and abandonment
of approximately 57.5 feet of the Ocean Drive right-of-way (the "Property") in conjunction with the
adoption of the site plan submitted by Consultatio Key Biscayne LLC (the "Consultatio") on
property located at 350 Ocean Drive within the Village; and
WHEREAS, the Resolution provides that to the extent that the Village owns any portion of
the abandoned and vacated right-of-way by fee simple title, the Village shall convey such interest
to Consultatio; and
WHEREAS, in accordance with the Resolution, the Village Council desires to convey the
Property via quit claim deed, in substantially the form attached hereto as Exhibit "A," to Consultatio;
and
WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best
interest of the residents of the Village.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS':
Coding: underlined words are additions to existing text, st,a,k tluough words are deletions from existing text.
Hightlighted words are changes made between First and Second Reading.
Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative
intent of this Ordinance.
Section 2. Conveyance Approved. The Village Council hereby approves the
conveyance of the Property via quit claim deed, in substantially the form attached hereto as Exhibit
"A," to Consultatio.
Section 3. Authorization. The Village Manager is hereby authorized to execute the deed,
in substantially the form attached hereto as Exhibit "A," subject to approval as to form, content, and
legal sufficiency by the Village Attorney.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
PASSED on first reading this l lth day of June , 2013.
PASSED AND ADOPTED on second reading this 25th day of June , 2013.
wk
FRANKL . CAPLAN
2
ATTE
HITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE AT q
3
CAfl 1 DI I M
THIS INSTRUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
Chad Friedman, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
QUIT CLAIM DEED
THIS QUIT CLAIM DEED, executed this ,5"' day of 1. n e, , 2013, from
the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, whose
mailing address is 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, hereinafter
referred to as "Grantor", and CONSULTATIO KEY BISCAYNE, LLC, a Florida limited
liability company, whose mailing address is 1200 Brickell Avenue, Suite 1950, Miami, Florida
33131, hereinafter referred to as "Grantee".
(Wherever used herein, the terms Grantor and Grantee include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of Corporations.)
WITNESSETH, That the said Grantor, for and in consideration of the sum of TEN
($10.00) DOLLARS, and other good and valuable considerations, in hand paid by the said Grantee,
the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the
said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in
and to the following described lot, piece or parcel of land, situate, lying and being in Miami -Dade
County, Florida, to -wit:
See Exhibit "A" attached hereto (the "Property).
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and
behalf of the said Grantee forever.
THIS CONVEYANCE IS EXPRESSLY SUBJECT TO THE FOLLOWING RESTRICTIONS
AND THE GRANTOR'S RIGHT OF REVERTER AS FOLLOWS:
1. Grantee shall comply with each of the terms and conditions of Village Resolution 2011-24,
dated August 22, 2011 and recorded December 30, 2011, in Official Records Book 27946,
at Page 3403 in the Public Records of Miami -Dade County, Florida ("Village Resolution
2011-24") the terms of which are hereby incorporated by reference.
NOTE TO RECORDER: PURSUANT TO FLORIDA STATUTES § 201.02(1) THIS QUIT CLAIM
DEED IS NOT SUBJECT TO DOCUMENTARY STAMP TAX AS THE TRANSFER
CONTEMPLATED HEREIN IS WITHOUT CONSIDERATION.
2. By acceptance of this Quit Claim Deed, Grantee covenants and agrees for itself, its
successors and assigns, that it shall not, whether by action or inaction, discontinuation or
abandonment, permit or allow the breach or violation of the restrictions or covenants provided
Page 1 of 4
for herein, including, but not limited, to compliance with the terms of Village Resolution 2011-
24 (the "Restrictions and Covenants"). Prior to the recordation of the certificate of substantial
completion for Oceana Key Biscayne Condominium ("Condominium") as required by Section
718.104(4)(e), Florida Statutes (the "Certificate"), whether as an Exhibit to the Declaration or
otherwise, it is expressly provided that upon Grantee's breach or violation of any of the
Restrictions and Covenants set forth herein, ownership of the fee simple title to the Property shall
revert to the Village and Village shall have the absolute right to reenter and repossess the
Property and any improvements thereon, as well as the further right to institute suit in a court of
competent jurisdiction to establish or enforce such right of reverter and possession. If the right of
reverter set forth above takes effect by operation of law because of Grantee's breach or violation
of the Restrictions and Covenants provided for herein, then, in such event, Grantee shall execute
and deliver to the Village a Quit Claim Deed for the Property free and clear of liens and
encumbrances including, but not limited to, the payment of ad valorem, sales, use and other
applicable taxes, if applicable. If Grantee fails or refuses to execute and deliver such Quit Claim
Deed when requested to do so, Village may record an appropriate instrument setting forth the fact
of the reverter of the Property. The right of reverter described herein shall become automatically
null and void upon the recordation of the Certificate in the records of Miami -Dade County.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered
in our presence:
Print Name
7 dd f1%d#...¢i&.t ✓f -IC II
Print Name
APPROVED As To FORM AND
CORRECTNESS:
STATE OF FLORIDA
)
VILLAGE OF KEY BISCAYNE, FLORIDA,
a municipal corporation of the State of Florida
B
C. Gilbe
illage M
ATTEST:
Conchita H. Alvarez, MMC Village Clerk
)
COUNTY OF MIAMI-DADE
)
Page 2 of 4
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EXHIBIT "A"
LEGAL DESCRIPTION OF VACATED RIGHT-OF-WAY LAND
(Attached hereto)
Page 4 of 4
EXHIBIT "A"
OCEAN DRIVE R.O. W. TO BE VA CA TED
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TRACT 6, MATHESON ESTATE
P.B. 46, PG 86, D.CR.
NBs°zs'zrE
L5
al
O.
EAST DRIVE
(SONESTA BEACH DRIVE)
P3HT
CP CUSP -1
SOUTH R.O W LINE
A
Pc"
11
ORO
on
PC
PCC
PO
P 0J.
R
ROW
R=2500'
A=80' 19'4r
A=35 05'
LEGEND
• MCLENOn*
CENTRAL MOLE
VN4FDFDE COL., FIE...1w
CCENVEO 6V96C19
PLAT
ReCOe03 SOOP
PLAT 900E
Pc ea OF CURVATLSIE
PONT 0P COMPOONO CUNVATOnE
• PAa3
POgi OF ekannONG
• RA06A
• RIONT•Cf WAY
P08.
N89°29'27'E
5331' PC
31)./.5'l y,`.740.5<-4,
/. 6 //,. /,/
i/
PCC /i/i•(' V''////!
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0
NOTES:
1 BEARINGS hereon are based on a beanng of
N89'29'27E along the South 94;M -of -Way Lino
of East Drive, as determined from Stale Plane
Coordinates (Ronda East Zone, 1927 Datum) and
a Boundary Survey of the abutting Sonesta Beach
HOIeI 8 TenNs Club property, by Leiter. Perez &
Associates, Inc., using G P 5 methods
2. AREA of the subject right-of-way to be vacated,
shown hereon by hatching, is 14,510 Square Feet
or 0.333 Acre. more or less
3. This Is not a Boundary Survey of any parcel of
land
1 87'
y Rpp1PL 583°53'07"W -
-
NOTE: MI5 IS 140T A LANG $1Ry[y,
Pee LEGAL OEScA,PEIGh. SEE SNEE7 2 Cr 2
R-25 C0'
6.8010.00-
/1t35 12'
Pcc
PERP-BB —
575
TING R
389'29'27"W \- SOUTH ROW LINE
TRACT 8y MATHESON ESTATE
PB. 48, P0. 88, D.C.R
NORTH
SCALE: 1"=30'
A
INC
LAND DEVELO & ANT CONSULTS TSLAND DEVELOPMENT CONSULTANTS
LAIC ENGINEERS - LAND OImeSURVEYORSTA1.
LAND PLANNERS - ENNRONNENTAE
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AD wriw e mal037 SID MOUN101, . 7707 PAN 1306102.11
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NEST 1 Q 2
EXHIBIT 'A"
OCEAN DRIVE RIGHT-OF-WAY TO BE VACATED
LEGAL DESCRJPTIOJ'k
A parcel of land being s parka of the exhale it 0.Ol-ray 01 Ocean 0dw. ytng N Salon 32.
Township 54 South. Range 42 East allege of Kay *4acay01. L9and Oada County. Fonda, said
por0on base epee pattadady descMaa as lolovra•.
BEGINNING al 4e trlrseato 1 of the South RI¢a.dl•Way t.ha of East Me and as planed
Waslery RIgMd•Way Lino of Ocean OMs, *111 sewn on the Plat of NOWAY COLONY.
reoarded In Plat Root 50' Pape 07 of the Pupae Records d ►5anY-Dada County. Florida. thence
with a bearing of N.e9'202r6.. atone 0u Easterly eslenalon of said South Rlpl*c4Way Una of
East OMs. a aslant. of 22.03 feel lo the Poke of Cutvrura of a ocular curve to 4e right
1Mnoe Sout ea WAy along Una arc of sad curve, have* a radius of 25 CO Nat and a central
angle of 0!17000' for en arc length of 35.12 fa to e RAI of Command CurvrurK thence
So0Ueesla 101 eta05 the etc o1 a drools/ corn m the dat. ha.n9 0 radus of 3317 79 Nal and a
central angle of 3'00130 for an an lenplh of 231.14 feel 10 the South mgmd•Way Una of sad
Ocean ONve. 4e 91e1edInp et0 lying 57 5 feat Eaiady of end conceato with ae aids**
Westerly R1phFa4Wey One of Ocean OMs; thence S 09'2P2TW.. slang said Sou*
fegh*a1Wey Lined Ocean Cam for 57.77 Nat a a poke on a dictator curse. It* rardhr pant 01
width been t53'S3t97'W. lam 4a laces desalted pone *secs NONwe0Wy alone the arc of
said *eve to the NB also bete alone the esladn5 Wavy RfgM-d•Wey Lk* of Ocean OMae,
having ratios Of 3355.29lsa1 and * central oils 01 4'0753' Nr an arc Nnp401231 29 NN to
a Paint of CO01OCvhd Clrra40 of a 'limier alive to fro let feriae tfatineste4y Mons the ate
01 sad tuna, Mato a radius of 25.00 feel and a central eagle d 00'19'47' Nr an arc length of
35.00 feat e a Pdbt of Cup yte an 4e Sotfi R1/20 -of -Way tie of East Dow: thence
N 09'29'2TE. Dime said Sou* Rlght•o4Wey Une of East Odes for 30.20 No to ins POINT OF
BEGINNING.
naf "Mix 4 410* 01000/0.' etf mown ow: s W 114M01
LERCResorr d AS50CM7ES, /NC,
.. ( ..tear
0043 41 feel ♦ 1110 S 01011 ▪ � 1a.a- o. hmmh a sac r /1.104
wee WNW MO WM. 010 ern f ar 7.
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CAN of..j... U .4-.o ..-,311 rye t• Sift�
2.12 200 21 r
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Of .4 !Wad 1014850
bur l0a 44* 44.100
:.111 1 a 2