HomeMy WebLinkAboutR-95-0168U-95-183
2/23/95
RESOLUTION NO.
95- 168
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE PROPER OFFICIALS OF THE CITY OF MIAMI TO
ACCEPT TWO (2) DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES AND APPROVING THE RECORDING
OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
WHEREAS, the City of Miami requires certain property
for street widening purposes in the City of Miami; and
WHEREAS, the City requested individual owners of
certain properties described herein to dedicate said Land for
street widening purposes; and
WHEREAS, the owners executed Warranty Deeds conveying
said properties to the City of Miami; and
WHEREAS, said Warranty Deeds have been recorded in the
Public Records of Dade County, Florida;
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.
:CITY Cora=Cx
MEETING OF
MAR 9 9 1995
Resolution No,
95- 168
Section 2. The proper officials of the City of Miami
are hereby authorized to accept the two (2) Deeds of Dedication
as listed below:
DEDICATOR LOCATION OFFICIAL RECORD BOOK
Bristol Tower
Limited Partnership
Bernard Wolfson,
Trustee
2127 Brickell Avenue 16598-1037
2800-2840 S.W. 28 Terrace 16617-2268
Section 3. The recording of the above deeds in the
Public Records of Dade County, Florida, is hereby approved and
authorized.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th of March ,1995.
STEItEN P. CLAPd, MAYOR
ATT T•
ft
MATTY HIRAI , CITY CLERK
PREPARED AND APPROVED BY:
-'exlx&
G. MIRIA MAER
CHIEF ASSISTANT CITY ATTORNEY
M4961:csk:GMM
APPROVED AS TO FORM AND
CORRECTNESS:
A. Q NN o S, III
CITY/ ATT Y
- 2 - 95- 168
Y 4A A`
Folio Numb ers:D/-,01-16
OFF
-1 t
WARRANTY DEED
THIS INDENTURE, made this Uday of ram`
A.D., 1994, between BERNARD WOLTrustee, of the County of
Dade, in the State of Florida, party of the first part, and the
CITY OF MIAMI, a Municipal Corporation, P.O. Box 330708, Coconut
Grove Station, Miami, 33233-0708, of the County of Dade, in the
State of Florida, party of the second part.
WITTESSETH, that the said party of the first part, for and
in consideration of the sum of ONE DOLLAR ($1.00) and other good
and valuable considerations to him in hand paid by the said party
of the second part, the receipt whereof is hereby acknowledged,
granted, bargained and sold to the said party of the second part,
its successors and assigns forever, the following described land
situate, lying and being in the County of Dade and State of
Florida, to wit:
The North 7.5 feet of Lots 8, 9, 10, 11 and
12, Block 5, PINE TERRACE, according to the
Plat thereof, as recorded in Plat Book 3,
Page 51, of the Public Records of Dade
County, Florida.
And the said party of the first part does hereby fully warrant
the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part
hereunto sets his hand and seal the day and year above written.
Signed, sealed and delivered
in the presence of us:
WITNESS TO HIS SI .ATURE
Lilly lnen LM, 4 i i9 l
PRINT NAME
/1-773,, 5&/ a ? -5 7-
/i'/i t/rn i rl- 3 3/ h S
PRINT ADDRESS
Seal)
BERNARD WOLFSON, 7
rustee
Page 1 of 2
UCSaDE- 0.60 SURTX 0.45
t3ARVEY RUVIIay CLERK DADE COUNTY: FL
95- 168
IT `46617pc2269
V
WITNESS TO HIS SIGNATtTR
PRINT NAME
��3D S,tR? si
PRINT TDDRESS
STATE OF FLORIDA)
COUNTY OF DADE)
CbRolp IN Off /CIAL RECp f0=
Of DAD! COUNTr, AORIDA.
RECORD VfR0110
HARVFY RUVIN,
Clerk of Circuit & Counly
Courts
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgements, BERNARD WOLFSON,Truste�, who is personally
known to me or has produced ,M r�
as identification and who executed the forgoing instrument freely
and voluntarily for the purposes thereon expressed and who did
(did not) take an oath.
WITNESS my hand a seal this j day of
A.D., 1 .4• o
Seal �-'� �'�� • '� `y'�
OFMCIAE NOTARYSEAL
j ELIANA SALAS
Printed Name of Acknowledger L--�l �(i�l. '�� (Cc- 5 NOTARY PUBLIC STATE OF FLORIDA
Notary Public, State COMMISSION NO. CC291908
StateOf � �/ MYCOMMISSION EXP. ULY13,1997
Serial Number: (if any)^�¢�GC�
My Commission Expires: �a'��3
APPROVED AS TO FROM AND r APPROVED AS TO DESCRIPTION:
CORRECTNESS:
�
�14 M. W//",
1., (1 ( t
C TY Y TO DIRECTOR OF PUBLIC WORKS
This Instrument Accepted This Instrument Prepared By
Pursuant to Resolution No. A Quinn Jones III, City Attorney
Passed and Adopted Department of Law
City of Miami, Florida
Return to Department of Public Works
275.N.W. 2nd Street, Room #301
Miami, Florida 33128
Page 2 of 2
95- 168
ROFFEC:16065pc2910
REC.
P,E 16t`�ggF4037
Prepared by: 93R47CI796 1993 SEP _24 10:09
Adrienne Friesner Pardo, Esq.
Greenberg, 7raurig, Hoffman,
Lipoff, Rosen & ouentel, P.A.
1221 Brickell Avenue 94R.5' 528 4. 1994 DEC 01 15:50
Miami, Florida 33133
RIGHT-OF-WAY DEDICATION AGREEMENT
0
THIS RIGHT-OF-WAY DEDICATION AGREEMENT (the "Dedication"),
made and entered into at Miami, Dade County, Florida, this c99y�
day of September, 1993, by and between BRISTOL TOWER LIMITED
PARTNERSHIP, a Florida limited partnership, existing under the
laws of the State of Florida, 2127 Brickell Avenue, Miami, Dade
County, Florida (the "Grantor") and the CITY OF MIAMI, a
municipal corporation, existing under the laws of the State of
Florida, c/o Department of Public Works, 275 N.W. 2nd Street,
Miami, Dade County, Florida 33128 (the "Grantee").
Grantor, in consideration of Ten ($10.00) Dollars and other
good and valuable considerations paid by Grantee, the receipt
and sufficiency of which are hereby acknowledged, does give,
grant and dedicate to the public to be used for the purpose of
streets, avenues, public roads and highways, the following
described property, located, in Dade County, Florida to -wit:
The West 70 feet of Lot 67 and 68, Block B,
of FLAGLER SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 5,
*44 Page k, of the Public Records of Dade
County, Florida (the "Property").
This Agreement is being re -recorded in order to correct a
scrivener's error in the legal description set forth above.
1
95- 168
OFF. ` REC'1.6598P4038
REC.
Grantor does hereby reserve unto itself, its successors and
assigns, invitees, licensees and employees, an Easement in, to,
across, and upon the Property for Right -of -Way purposes, and
Grantor and its successors and assigns, and all invitees,
licensees and employees shall always have the right of ingress
and egress in, to, across and upon the Property notwithstanding
the granting of the Dedication to the Grantee herein.
Grantor acknowledges and agrees that it shall be
responsible for the care, repair and maintenance of the
Property until such time as the Grantee exercises and utilizes
the Property for right-of-way purposes.
IN WITNESS WHEREOF, Grantor has executed this Dedication as
of the day and year first above written.
Sign Name: �� BRISTOL TOWER LIMITED
Print Name: PARTNERSHIP, a Florida
1 Limited Partnership
Sign Name:a�fcec.�.,��—'-----
Print Name: 5=,Aber F (2r2 en ho u..R Ugo Colombo ��� ►Gar �' �,,,,
President 4,.�•��•�•:•, ;
[ Corporate
STATE OF FLORIDA
)SS:
COUNTY OF DADS ) `<:,;s+; Q;±•�,r,
The foregoing Right -of -Way Dedication Agreemwelt.
5'"!•
acknowledged before me this 18O± day of ��- zti 1�,F.r, 19931 by Ugo
Colombo, President of CMC Development Services, Inc., a Florida
corporation, the General Partner of Bristol Tower Limited
Partnership, a Florida limited partnership. He personally
appeared before me and is personally known to me and did ta,,ce
an oath.
l� t,A.
[NOTARIAL SEAL] Notary: cam.- • ��.. c. ; --
Print Name: -
Notary Public, State bf-- - 1 J r o
My Commission Expires: Q •r�.
95� 168
2
orr' { BOB&241..? REC.
APPROVED AS TO FORM AND
CORRECTNESS:
1874hbs
°EC:165%p40N
APPROVED AS TO DESCRIPTION:
� , �- - L-�
DIRECTOR OF PUBLIC WORKS
Return to Department of Public Works
275 N.W. 2nd Street, Room 301
Miami, Florida 33128
3
95- 168
OFF
EC.. R16O65F 2913
EC
JOINDER
Sumitomo Trust & Banking Co., Ltd, New York Branch, a Japanese Banking
corporation, whose mailing address is 527 Madison Avenue, New York, NY 10022, the owner
and holder of the Mortgage (the "Mortgage") dated the 30th day of April, 1992, and recorded
in Official Records Book 15502, at Page 907, of the Public Records of Dade County, Florida,
from Bristol Tower Limited Partnership, a Florida Limited Partnership securing a Note in the
principal amount of Thirty Million and No/100 Dollars ($30,000,000.00); hereby consents to
the terms and conditions contained in the foregoing Right -Of -Way Dedication Agreement in
favor of the City of Miami, a municipal corporation, existing under the laws of the State of
Florida, and agrees that in 'the event of the foreclosure of the Mortgage, or if it receives a deed
in lieu of foreclosure, that the foregoing Right -Of -Way Dedication Agreement will be binding
upon the undersigned and its successors and assigns. Provided, however, (a) that this Joinder
shall not in any manner release, satisfy or discharge the Mortgage or in any way impair, alter
or diminish the effect, lien, security interest or encumbrance of the Mortgage, or any rights or
remedies of the undersigned, and (b) none of the representations contained in the foregoing
Right -Of -Way Dedication shall be deemed to have been made by the undersigned or impose any
obligations on the undersigned, and (c) any amendments to the Right -Of -Way Dedication shall
be approved by the undersigned so long as it is the owner and holder of the Mortgage and it
encumbers any portion of the Property.
IN WITNESS WHEREOF, the undersigned has executed this Joinder on this day
of 1993.
Signed, sealed and delivered
in the presence of:
Sumitomo Trust & Banking Co., Ltd., New
York Branch, a Japanese Banking Corporation
1 of
By;
Name: PN 6;4X• HAN Name:
Title:
to -H .
Name: C Ile. H
- 1 - 95- 168
REC.o-ErI".16065►29 4
STATE OF NEW YORK
OFF
REC.116t' z98P4041
) ss.
COUNTY OF NEW YORK )
The foregoing in trmentwas ac owledg before me this o day of
1993, by Ycc.' _ as t Ge 1Z for Sumitomo Trust &
Banking Co., Ltd., ew York Branch, a Japanese Banking Authority. The foregoing person
is well known to met entif cation, and he/4fTdid not
take an oath. /i�
__--y
;Number:
is expires:
ALQEt:t C. TEW
Notarj PuhLc, 3ta�e of New York
I :U. •:9"_'_1D5
Residing .n f%..ci.ijn1 County
Sig. t-iwu ,m ;le., ,:)k County
Commission Expipet; Ncv. 14, '
- 2 -
ew York at Large
"CORDED IN Off ICIAL RECORDS ROO[
Of DAD! COUNTY, FLOR/DA.
RECORD Vf0hrIED
HARVEY RUVIN,
Clerk of Circuit & County
Courts
RECOROEO IN Off ICIAL RECOMA IODIC '}
OF DARE COUNTY, FLORIDA.
;
9ECORD VE9IFIFD
HARVEY RUVIN
;1
CLERK CIRCUIT COURT
95- 168
0
1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members Ce �yy5
TO of the City Commission DATE : FILE
Resolution Accepting Two
SUBJECT : ( 2 ) Deeds of Dedication
Cesa io_
FROM : City g r REFERENCES:
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution accepting two (2) Deeds of Dedication to the
City of Miami for Highway purposes and approving recording same
in the Public Records of Dade County, Florida.
BACKGROUND
The Department -of Public works, through its continuing efforts to
secure dedications of needed public right-of-way for future
widening of city streets, has received two (2) deeds of
dedication.
The department has reviewed these deeds, and has determined that
they are now in order for acceptance by the City Commission. .
Attachments:
Proposed Resolution
95-- 168
l