HomeMy WebLinkAboutR-00-0365J-00-295
4/26/00
RESOLUTION NO. 0 0 �. 36 5
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING
THE PORTION OF NORTHEAST 63RD STREET, EAST OF
BISCAYNE BOULEVARD FROM BISCAYNE BAY WEST 260
FEET, MIAMI, FLORIDA, AS MORE PARTICULARLY
LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED
HERETO AND MADE A PART HEREOF.
WHEREAS, the Miami Zoning Board at its meeting of
March 20, 2000, Item No. 7, duly adopted Resolution
No. ZB-2000-0286 by a five to three (5-3) vote, RECOMMENDING
APPROVAL, as set forth herein; and
WHEREAS, the Public Works Department and the Plat and Street
Committee have studied the subject vacation and closure and
determined that it will not affect pedestrian or vehicular
traffic circulation or access for public service vehicles; and
WHEREAS, the Plat and Street Committee has. reviewed the
subject tentative plat and determined that all technical
requirements have been met, and vacation of the subject
right-of-way would benefit the general public; and
WHEREAS, the Department of Public Works and the Plat and
Street Committee recommend approval of said vacation request; and
C 6,A riz vz 7 �,S
a, Eli E.
CITY C:C3i MSSION
MEETING OF
APR 2 7 2000
Resolution N(,%
rF�#-�
WHEREAS, the City Commission finds that it is in the best
interest of the general welfare of the City of Miami and its
inhabitants to grant the vacation and closure of a portion of the
subject right-of-way, and deems it advisable to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A portion of a public right-of-way, being
that portion of the right-of-way of Northeast 63rd Street, East
of Biscayne Boulevard from Biscayne Bay West 260 feet, Miami,
Florida, as more particularly legally described in "Exhibit A",
attached hereto and made a part hereof, is hereby closed,
vacated, abandoned and discontinued for public use.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
, a — too
Page 2 of 3
40
PASSED AND ADOPTED this 27th day of
ti
ril , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
this legislation by signing it in the designated plc provided, said ;ai t on r;
becomes effective with -the elapse of ten "; days, fr,,rn th^r
regarding same, without the Mayo exe cisin- -.€o.
ATTEST'' Foe r►, 'ityy Clerk
WALTER J. FOEMAN
CITY CLERK _oon
FO
TTORNEY
4279 : YMT: eij:BSS
CORRECTNESS. -t--
Page 3 of 3
t,3 r-' e;- -�,
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EXHIBIT A
1 ,.s' mag
Tract "A", of BANYAN BAY APARTMENTS, according to the plat thereof, as recorded
in Plat Book 94, at Page 55, of the Public Records of Miami -Dade County, Florida.
AND:
Lots 5, 6, 7 and 8, of HURST & PIERATT SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 26, at Page 17, of the Public Records of Miami -Dade County,
Florida.
AND:
All of Lots 14, 16, 18, 20 and the West V2 of Lot 22, less the South 5.00 feet thereof, and the
East '/2 Lot 23, Lots 25 and 27 and the West '/2 of Lot 29, less the North 5.00 feet thereof of
the SECOND AMENDED PLAT OF FALLESEN PARK, as recorded in Plat Book 4 at
Page 19 of the Public Records of Miami -Dade County, Florida.
41
1 • PZ -3
ZONING FACT SHEET
Case Number: 1999-0216 20 -Mar -00 Item No: 7
Location: Approx. 6301 Biscayne Blvd.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Atlantic Property Associates, LTD Courtney Callahan, Esquire
500 E. Broward Blvd. #1400 c/o: Gunster Boakley et.
500 E. Broward Blvd. #1400
Ft. Lauderdale, FL 33394
App. Ph: (954) 468-1364 Rep. Ph: (954) 468-1364 ext
Rep. Fa ext
Zoning: R-3 Multifamily Medium -Density Residential
Request: Official vacation and closure of a public right of way, being a portion of NE 63rd
Street east of Biscayne Blvd.
Purpose: This will allow a unified commercial development.
Recommendations:
Planning Department: N/A
Public Works: See attached analysis
Plat and Street Committee: See attached analysis
Dade County Transportation: No comment
Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date:
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History:
Analysis:
Zoning Board Resolution No: ZB 2000-0286
Zoning Board: Recommended approval to City Commission. Vote: 5-3
City Commission: N/A
0- 0
PUBLIC WOKS ANALYSIS FOR
Approx. 6301 Biscayne Boulevard
The Public Works Department and the Plat and Street Committee have studied the
proposed closure and vacation of a portion of NE 63 Street east of Biscayne
Boulevard and determined that the closure of this roadway will not adversely affect
traffic circulation or access for public service vehicles such as trash and garbage
trucks, fire, police and/or other emergency vehicles. This roadway is not part of
the critical . pedestrian and vehicular transportation network for the neighborhood.
The Plat and Street Committee has reviewed the tentative plat of "Banyan Bay
Replat" and determined that all technical requirements contained in the City Code
Subdivision Regulations have been met and a the closure of a portion of this
roadway would benefit the general public. The property owner mustprovide a
specific attorney's opinion addressing the reversionary rights of the roadway as
part of the, application process. Based on the criteria contained in the .Subdivision
Regulations of the City Code, the Public Works Department and the Plat and Street
Committee recommend approval of this roadway closure and vacation request.
I:V,NtES I. KAY. P.E.
D;iector
February 17, 1999
Atlantic Property Associates LP
c/o Great Atlantic Management ECF VM
6301 Biscayne Boulevard, Suite 100
Miami, FL 33138
Ladies and Gentlemen:
BANYAN BAY REPLAT (FORMERLY BANYAN BAY APTS.)
TENTATIVE PLAT #1536-A
The City of Miami Plat and Street Committee, at its meeting of February 4, 1999, approved
the above tentative plat subject to the following revisions being made to the tentative
plat, additional information being provided and/or variances being granted. Please be
advised that the processing of your tentative plat cannot proceed until these conditions
have been satisfied:
1. Delete City of Miami as an owner on plat.
2. Delete old tree legend from plat.
3. Heavy -up proposed plat lines.
4. Spell the word "ordinance" correctly on the plat..
5. Modify or change the name of the proposed plat.
6. An opinion of title for the remnant of Lot 23 (Fallesen Park, Plat Book 4 at Page 19) and
the adjacent property to the West must be provided.
7. City of Miami Law Department approval is required to substitute an easement, for
. public and emergency access, for dedicated public cul-de-sac right-of-way.
8. An emergency vehicle access easement with turnaround capabilities is required.
.Contact Lt. George Scott, Water Supply Officer, at 305-416-1679.
9. An opinion of title as to the reversionary rights of NE 63 Street will be required by the
Zoning Board. This opinion of title will also have to opine as to whether or not there
are any persons, other than the abutting property owner, holding a mortgage, lien,
judgment or other interest in the right-of-way to be closed and vacated. Please
provide a copy of the opinion of title submitted to the Zoning Board to the
Department of Public Works.
10. An opinion of title from the Trustees of the Internal Improvement Trust Fund must be
provided for the submerged land of Tract A of Banyan Bay Apartments, Plat Book 94
at Page 55.
11. A mean high water survey approved by the State of Florida Department of
Environmental Protection is required.
DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:41 b-2153
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
Atlantic Property Associates LP
c/o Great Atlantic Management
BANYAN BAY REPLAT - TENTATIVE PLAT #1536-A
February 17, 1999
Page two
12. Miami -Dade Water and Sewer Department will require exclusive easements for existing
water and sewer mains along NE'63 Street. Contact Rafael Ballesteros at 305-66577471.
13. Provide a legal description and sketch for right-of-way„to .be closed -and vacated. Also
provide a square footage area for the same.
14. Describe the expressed purpose statement of the plat as an expressed purpose.
Correctly spell the word "expressed".
15. The plat restriction on tre underlying plat of Banyan Bay Apartments concerning the
submerged lands must appear on the final plat of Banyan Bay Replat.
16. Delete Surveyor's (Vote number 9.
17. Delete Owner's Note number 2, which references the City, of, Miami as an owner.
18. In the. legal description, show the word SECOND as 2ntl for the plat name of 2"tl
Amended Plat of.FALLESEN PARK.
19. In the metes'and bounds description, seconds are referenced as minutes twice.
20. in the metes and bounds description, a semicolon is used three times where a comma
should be used:
21:.In the metes and bounds description,. reference the full plat name of 2nd Amended
Plat of FALLESEN PARK.
22. The distance and bearing for the tie to the northwest corner of the southwest 1/4 of
the. northeast 1/4 of Section 18, Township ,53 South, Range 42 East cannot be read in
the main sketch.
23. spell the word "detail" correctly on page 2- of.the plat where it says; see detail "A".
24. Page 2 of the plat references two details "A".
25. Chain linked fence encroachments must be removed before final plat submittal.
26. The Plat and Street Committee'in reviewing the request to close and vacate a portion
of NE 63 Street, lying East of Biscayne Boulevard, has considered the public interest
requirements as found in Chapter 55 of. the Miami City Code. These requirements
having been met, the Plat and Street Committee recommends approval of this
vacation and closure subject to'a -public and. emergency vehicular easement and City
of Miami Law;Department affirmative decision on utilization as a public easement.
In addition to the above requirements, you should be aware of the following:.
1. State and local laws require the installation of various physical improvements in the
public rights-of-way when property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. In some cases this could
represent a substantial investment on your part.
U
Atlantic Property Associates LP
c/o Great Atlantic Management
BANYAN BAY REPLAT - TENTATIVE PLAT #1536-A
February 17, 1999
Page three
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers,
electric, telephone, water, etc., caused by this plat will be at the property owners
expense. Also, utility easements may be required on the property being platted.
3. A building permit will not be issued on the property being platted until the final plat
is recorded. Also, the Certificate of Occupancy for any building construction will be
issued only after all the required subdivision improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue
Department prior to the issuance of a building permit
5. Additional items must be provided to the City of Miami Department of Public Works
before the final plat is submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the amount of the bond has been
determined for the necessary subdivision improvements.
6. Tentative plat approval is only valid for one (1) year from the date of the Plat and
Street Committee meeting at which time it was approved.
If you have any questions concerning these requirements, please refer to the attached
sheet for the appropriate person to contact.
Sincerely,
James J. Kay, E.
Chairman, Plat and Street Committee
JJK/rjf
Enclosure: Contact Sheet
c: Ford, Armenteros & Manucy
1950 NW 94 Avenue, 2nd FI.
Miami, FL 33172
Courtney Callahan
Gunster, Yoakley, vaides-Fauli & Stewart, P.A.
P.O. Box 14636
Ft. Lauderdale, FL 33302-4636
Plat and Street Committee Members
i •
Miami Zoning Board
Resolution: ZB 2000-0286
Monday, March 20, 2000
Ms Gloria M. Basila offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED
APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF A
PUBLIC RIGHT-OF-WAY, BEING A PORTION OF NE 63RD STREET, EAST OF BISCAYNE
BOULEVARD, FOR THE PROPERTY LOCATED AT APPROXIMATELY 6301 BISCAYNE
BOULEVARD, LEGALLY DESCRIBED AS A PORTION OF NE 63RD STREET, NORTHERLY AND
WESTERLY ON THE PLAT OF BANYAN BAY APARTMENTS (94-55), AND NORTHERLY OF THE
PLAT OF 2ND AMENDED PLAT OF FALLESEN PARK (4-19), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL.
Upon being seconded by Mr. George Barket,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Yes
Mr. Rodolfo De La Guardia
No
Mr. Charles J. Flowers
No
Ms. Ileana Hemandez-Acosta
No
Mr. Osvaldo Moran-Ribeaux
Away
Mr. Humberto J. Pellon
Yes
Mr. Juvenal Pina
Yes
Mr. Ricardo D. Ruiz
Away
Mr. Georges Williams
Yes
Ms. Fernandez: Motion carries 5-3
AYE: 5
NAY: 3
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 2
eresita L. Ferna dez, Chief
Office of Hearing Boards
Case No.: 1999-0216 Item Nbr: 7
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CITY OF NUMeG
OFFICE OF HEARING BOARDS
APPLICATION FOR OFFICLAL VACATION.
AND CLOSURE OF A PUBLIC RIGHT—OF—WAY
srassrrrssssssssssssesesss*et*stsaa*ttatstttaattstsssttssattststsasesssossesssrssastsattstrtssss
;ECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
4NY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
:,OBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN
-OBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
:OPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
.00ATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
.aastrtsssessesstsssestataast*sttt**taaattsa*atsasssat«ttttsa*sttasttassssssssssaassstsststtss**
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
C Courtny A. Callahan, ESQ, on behalf of
Atlantic Property Associates
We , $ Limited Partnership , hereby apply to the City Commission of the
'ity of Miami in accordance with Section 55-15 of the Code of Ordinance of the City of Miami as more particularly
lescribed herein and, in support of that request, furnish the following information: -
X 1. 15.,292 total square feet.
X 2. Folio number:
X 3. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor.
X_ 4. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application).
X 5.. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered
by the application.
X 6. At least two photographs that show the entire property (land and improvements).
X 7. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
X 8. Attach Opinion of Title (note: an update shall be required if more than 3 months elapse before Zoning
Board or City Commission approval).
_X 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
V V �r
•
Opinion of Title
To: CITY OF MIAMI, a municipal corporation
C
With the understanding that this Opinion of Title is furnished to CITY OF MIAMI,
FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for
acceptance of a proposed Tentative Plat covering the real property hereinafter described. It is hereby
certified that we have examined the public records for the period beginning on the commencement
date of records maintained by Attorney's Title Information Display System (November 15, 1976)
to January 23, 2000, at 11:00 p.m:, inclusive, of the following described real property:
LEGAL DESCRIPTION OF REAL PROPERTY
Tract "A", of BANYAN BAY APARTMENTS, according to the plat thereof, as recorded
in Plat Book 94, at Page 55, of the Public Records of Miami -Dade County, Florida.
AND:
Lots 5, 6, 7 and 8, of HURST & PIERATT SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 26, at Page 17, of the Public Records of Miami -Dade County,
Florida.
AND:
All of Lots 14, 16, 18, 20 and the West'/2 of Lot 22, less the South 5.00 feet thereof, and the
East I/2 Lot 23, Lots 25 and 27 and the West '/z of Lot 29, less the North 5.00 feet thereof of
the SECOND AMENDED PLAT OF FALLESEN PARK, as recorded in Plat Book 4 at
Page 19 of the Public Records of Miami -Dade County, Florida.
Basing our opinion on the public records covering said period we are of the opinion that on
the last mentioned date the fee simple title to the above described real property was vested in:
Atlantic Property Associates Limited Partnership
NOTE: Ownership of the platted road known as NE 63rd Street will, upon vacation, revert to the
adjacent property owners.
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1. All taxes for the year in which this opinion is rendered and subsequent years.
2. Rights of parties in possession other than the above owner.
3. Facts that would be disclosed by an accurate survey.
GUNSTER, YOAKLEY, VALDES-FAULT & STEWART, P.A.
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW 88863.5
" . 4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
6. Any and all matters appearing in the Public Records of Miami -Dade County, Florida,
as affecting`the above-described property and not disclosed herein, if any.
General Exceptions do not apply to note. regarding reversionary interest upon vacating of NE 63
Street.
SPECIAL EXCEPTIONS:
Listing should include, but not be limited to such exceptions as:
1. Holders of Mortgage: That certain mortgage in favor of General Electric Capital
Corp., P.O., Box 420250 Houston. TX 77042, dated January 13, 1997, recorded
January 15, 1997 in Official- Records Book 17496 at Page 2833, of the Public
Records of Miami -Dade County, Florida, as assigned to LaSalle National Bank &
Trust and•, Merrill Lynch Mortgage' Investments, Inc. pursuant to instrument dated -
June 26, 1997, recorded December 81997.in Official Records Book 17896 at Page
77; of the Public Records of Miami -Dade County; Florida; and that certain mortgage
in favor of Skylake State Bank dated August`21,1987, recorded September 15, 1987
in Official Records Book 1341.3 at Page, 3176, of the Public Records of Miami -Dade
County,. Florida. }
I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in
the State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this 25 day.of January; 2000
GUNSTER,YOAKLEY, VALDES-FAULI
& STEWART, P.A.
Courtney A. Callahan
500 Eastw rd" oulevard
ite 1400
For derdale, F orida 33394
'Address
Page 2
GUNSTER, VOAKLEY, VALDE&TAULI & STEWART, P.A.
PROFESSIONAL ASSOCIATION
ATTORNEYS Ai LAW 88863.5
STATE OF FLORIDA )
COUNTY OF BROWARD ) ss.:
The foregoing instrument was acknowledged before me this-- day of fe �ru, 2000
by Courtney A. Callahan, who executed the foregoing instrument, and acknowledged to and before
me that she executed said instrument for the purposes therein expressed. She
I K 1 is personally known to me, OR
has produced
Mv C is ie'
pati ROSE'XTURfA7
'I
EXPIRES:
.; My COMMISSION # CC 779516
Sw4ed Thtu Notary Public Underwriters
as identification.
Lir
Signature of .I�,O Notary Public
SQ A
Name of Notary Typed, Printed or Stamped
6-•� �8y r�
Page 3
GUNSTER, VOAKLEY, VALDEs-FAULI & STEWART, P.A.
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW 88863.5
gY' CRIIMI MAE; 3012550607; 21 Dec 99 2:20; Job 201;Page 2/7
11200 Aockvllie Piko
_ Rockville, Maryland M2
201-91
FAX: 3oe01-ig
a.s»7
CRUMI
VkmCmbCr 2l, 1999
S FtVIC S
LIMITED KA FACSIHILZ ANd3 ARCFILf R MAX
PARTNERSHIP
Atlaatie Pt+oportieg Ja`�i4te9. LP
I arbour Cantor
2 Ratan Soret, Stare 1100
Hm"PtU4% VA 236"
8.e' Vacadun uf8 pOa1QA of 6314 Sdoct and Ccnu&wa-U6a'ora Gatchouse and Fenoo•
ftwcaY Name: Banyan Day Apa+•r muss
BoMWW Nuw:, Atlantic Trvpertics LP
Potifolio Name: MLMI 1997.01
CMSLP T.Qan 9. 903186
Dear Horrawcr:
C XW NCAE Services Limited ?a-�p ("CMSLP") is 4he Slnvicer for tic, abova.et:fees�erl
mortpga loan which is part of for sunrtgage pool kwv1w as Merrill Lynch Mwtp1gt Invrgum, lac.,
Mongan P*a6-Th-mgb. CW"aawv series 1997-Cl for whieh CMSLP is the Special Servicer ane
IaSalic National Bank is flits Tntstm
Tin itn crpoc-ily as 8tvicer and p truant to your request. CMSLP +b26 revfeWed and apprmwed tae
pompLomod astiow subject to dze £allow irg CmAditions:
1. Receipt of a firml catiamw far the cost ot1bn wank atom the eoatructur.
2. Lien v aivQ aigoed by the conTmcror;iwMrrntng the propoug W A"
Fmclowd is a copy,er Me later provided co ClAW2 Dy Kattzn, bilwhin & ?avis isuiicaLing & at !a dw;r
opWan the pr pesad vnndiflcudam wlll not Carew the s.:MIC w lost it* tam r0acua, 1;hOJA d you have
any qut atiom plaLw do not bcWmle To coomm me dimctlyby tclaphvac at (301) 231-0273.
Sincenay. ,
CRM*idM Mi%Z SERVIt::"J.ItAJ TRIS AARTr-m" IIp,
nobly as aurhorileeet agent
Dy: CRTTMI MAE 8"Via", Loc.,
ita gCac arm
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By. Derlrkk Umiid .y`�_
Team Lra3er
ea:. Alex J, Guzgeaheim C'mST.p
Cathy Basm.11 _ cmCI p
xsthrya C. Parka •- C.'iKSLF
Allen Staley. 804,
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pD, n7: R4 V304 728 8883 GRE�LANTIC
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In Witnass Whereof, grantor has hereunto set grantor's hand and sea=
the day and year first above written.
43
tCORPORATE SEAL)
s,= iC a+y
s ; -sealed and delivered
4t t -presence:
witnes. Signature
14 2,/4 �
Pri t Witness Name
Witness Signature
4o e s
Print Witneas Nam
STATE OF FLORIDA
COUNTY OF DADE
BELCO, LTD., a Florida limited
partnership
BY: Belco Realty, Inc., its sole
general partner
BY: Q - ..
PAUL OXLEY, P si ent
The foregoing instrument was acknowledged before me this _day
of March, 1994 by PAUL OXT.EY, President of Belco Realty, Inc., a
Nevada corporation, as the sole general partner of BelCo, Ltd., a
Florida limited partnership on behalf of the corporation and the part-
nership, w%o is personally known to me (or who has produced Florida
Driver's Licenses as identification).
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Notary Signat re
Print Notary Name �k'F ESi4 L[�s
Notary Public State of Florida
My commission expires:
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Return to:
Name IRA ZAGER, ESQUIRE
HORWICH S ZAGER, P. A.
Address 1541 Sunset Drive
Suite 202
Coral Gables, Florida 33143
This instrument was prepared by:
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94R 149462 1994 MAR 29 11:54
.4ame IRA ZAGER, ESQUIRE
KORWTCH & ZAGER, P.A.
Address 1541 Sunset Drive
Suite 202
Coral Gables, Florida 33143 DOCSTFDEE 55.200.00 SUM 41.400.00
HARVEY RI,VIN. CLERK DADE COUNTY? FL
Granten S.S-. No.-
Name
o._Name
Grantee S.S. No. Property Appraiser's parcel
Name Identification No.
..._(Space above this line for recording data)
WARRANTY DEED (STATUTORY FORS! - SECTION 689.02, P.S.)
This Indenture, made this -Rday of March 1494, Between
BELCO, LTD., 3 Florida limited partnership whose post office address,
is c/o. Robert R. Bellamy, 3535 Hiawatha Avenue - Apt. 209, Coconut
Grove, Florida 33133 of the County of Dnde, State of Florida,
grantor*, and ATLANTIC PROPERTIES ASSOCIATES LIMITED PARTNERSHIP, a
Maryland limited partnership whose post office address is c/o. Great,
Atlantic Corporation, 2 Eaton Street, Suite 1100, Hampton, Virginia
23669 of the County of Hampton, State of Maryland, grantee',
Witnesseth that said grantor, for and in consideration of the sum of
Ten ($10.00) Dollars, ana other good and valuable considerations to
said grantor in hand paid by said grantee, the receipt whereof is
hereby acknow).-�dged, has granted, bargained and sold to the said gran-
tee, and its successors and assigns forever, the following described
land, situate, lying and being in Dade County, Florida, to wits
SEE EXHIBIT "A" FOR LEGAL DESCRIPTION
SUBJECT TO:
1. Taxes for the year 1994 and subsequent years,
2. Conditions, restrictions, limitations, easements,
and reservations of record, if any,
3. Applicable zoning ordinances, if any,
4. Existing Mortgage in favor of Sun Life Assurance
Company of Canada (U.S.).
5. Purchase Money Wraparound Mortgage from grantee to
yrantori
and said grantor does hereby fully warrant the title to said. land, and
will defend the same against the lawful claims of all persons
whomsoever.
'"Grantor" and "grantee" ;re used for singular or plural, as con-
test requires.
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EXHIBIT "A'
PARCEL I:
Tr�wt "A" of 13ANYAN BAY APARTMENTS, according to the Plat thereof,
as recorded in Plat Book 94, at Page 55 of the Public Records of
Daop County, Florida.
PARCEL II:
ac�o,rding_�-thR::P.la:t
thereof, a9 recorded in Plat Book 26, at Page 17 of the Public
Rewords of oade County, Florida.
PARCEL III:
All of Lots 14, 16, 18, 20 and the West 1/2 of Lot 22 311 less the
South 5.00 feet thereof, and including the East 1/2 of Lot 23,
Lots 25 and 27 and the West 1/2 of Lot 29 all ,less the North 5.00
feet thereof of the SECOND AMENDED PLAT OF FALLESEN PARK, as
recorded in Plat Book 4, at Page 19 of the Public Records of Dade
County. Florida.
PARCEL IV:
Lots 9, 10, 13, 12, 13, 14 6 15 in Block 2, KNIGHTS ADDITION TO
LEMON CITY, as recorded in Plat Book A, at Page 26 of the Public
Records of Dade County, Florida.
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