HomeMy WebLinkAboutExhibit APrepared by and after recording
Please return to:
Kimberly S. LeCompte, Esq.
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Miami, Florida 33131
Folio No, Portions of 01-3230-017-0410
[Space Above This Line For Recording Data]
Special Warranty Deed
This Special Warranty Deed made this day of , 2015 by PRH NE 28TH
STREET LLC, a Florida limited liability company, whose post office address is 315
S. Biscayne Boulevard, Miami, Florida 33131, ("Grantor."), and City of Miami, a
municipal corporation of the State of Florida whose post office address is 444 SW
2nd Avenue, Suite 325, Miami, FL 33130, ("Grantee"):
(Whenever used herein the tenns "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, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand
paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained,
and sold to the said grantee, and Grantee's heirs and assigns forever, for park purposes
only the following described land, situate, lying and being in Miami -Dade County,
Florida to -wit (the "Property"):
See Exhibit "A" attached hereto and made a part hereof
The foregoing conveyance was accepted by the City of Miami pursuant to Resolution No.
of the City Commission of the City of Miami, Miami -Dade
County, Florida, passed and adopted on April 23, 2015. A copy of the Resolution is
attached hereto as Exhibit "B"
TOGETHER WITH all the tenements, hereditaments and appurtenances
thereunto belonging or in anywise appertaining, reserving onto the Grantor, its successors
and/or assigns, including without limitation, the IconBay Condominium Association,
Inc., a Florida corporation not -for -profit, the following: (x) perpetual easements for
balcony encroachments, (y) ownership interest in the underground drainage system
located within the Property identified as W-3, W-4 and W-5 including associated piping
and the like, identified in Building Permit Plan no. BD13-013657001-B001 and in the
locations more particularly described on Exhibit "C" attached hereto (the "Drainage
System"), and (z) a perpetual easement over the Property in order to repair, replace and
maintain such Drainage System; provided, however, that the easement set forth in this
clause (z) shall automatically terminate in the event and at the such time as the building
currently (ie - on the date this Special Warranty Deed is executed and delivered to the
Grantee) located on the Grantor's property adjacent to the Property is demolished.
MIA 184472756v2
g,`"K -ziozL
Grantor, its successors and/or assigns, including without limitation, the IconBay
Condominium Association, Inc., a Florida corporation not -for -profit shall be solely
responsible for the maintenance, replacement and repair of the Drainage System and will
hold the City, its officials and employees harmless, indemnify and defend it from all
claims or suits for personal injury and/or property loss or damage arising or accruing as a
direct result of the easements reserved to the Grantor. Grantor shall make all
commercially reasonable efforts to assure that the Drainage System shall not interfere
with the quiet use and enjoyment of the park.
THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2015
and subsequent years; (b) all laws, ordinances, regulations, restrictions, prohibitions and
other requirements imposed by governmental authority, including, but not limited to, all
applicable building, zoning, land use and environmental ordinances and regulations; and
(c) easements, conditions, restrictions, matters, limitations and reservations of record, if
any, but this reference shall not operate to reimpose (collectively, the "Permitted
Exceptions").
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby covenants with Grantee that it is lawfully seized of the
Property in fee simple, that it has good right and lawful authority to sell and convey the
Property, that, subject to the Permitted Exceptions, it hereby fully warrants the title to the
Property and will defend the same against the lawful claims of all persons claiming by,
through or under Grantor, but no others.
[The remainder of this page is intentionally left blank]
MIA 184472756v2
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and
year first above written.
Signed, sealed and delivered in our presence:
Witness Name:
Witness Name:
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged
CARLOS ROSSO as Vice President of PRH
company. Such individual [ j is personally
identification.
[Notary Seal]
PRH NE 28TH STREET LLC, a Florida limited
liability company
By:
CARLOS ROSSO, Vice President
before me this day of , 2015 by
NE 28TH STREET LLC, a Florida limited liability
known or [ ] has produced a driver's license as
Notary Public
Printed Name:
My Commission
Expires:
MIA 184472756v2
EXHIBIT"A"
The Property
Tract B of the GARDEN PARK ON THE BAY, as recorded in Plat Book
Records of Miami -Dade County, Florida.
at Page of the Public
Excepting therefrom a portion of the un-named strip of submerged land, now filled, being a part of
BANKERS PARK, according to the Plat thereof as recorded in Plat Book 2, at Page 53, of the Public
Records of Miami -Dade County, Florida, being more particularly described as follows:
Commence at the point of intersection of the north line of said Plat Book 2 at Page 53, with the Mean
High Water line of Biscayne Bay located on May 4, 2012, and approved by the Florida Department of
Environmental Protection on May 4, 2012, Date of Filing May 15, 2012, File Number 5010; thence South
00°0204" East, along said Mean High Water line, for a distance of 30.00 feet to the point of intersection
with the Right -of -Way line of the un-named North -South road shown on said BANKERS PARK Plat (now
known as North Bayshore Drive) and also the Point of Beginning of the parcel of land hereinafter
described; thence continue South 00°02'04" East along said along said Mean High Water line, for a
distance of 203.17 feet to the point of intersection with said Right -of -Way line, said point being at 30.00
feet north from the south line of the NW 1/4 of Section 30, Township 53 South, Range 42 East; thence
along said Right -of -Way line for the following for the following three (3) courses: (1) thence South
89°59'07" West, for a distance of 29.36 feet; (2) thence North 00°00'00 West, for a distance of 203.08
feet; (3) thence North 89°54'23" East, for a distance of 29.24 feet to the Point of Beginning.
Exhibit "B"
RESOLUTION TO BE PROVIDED PRIOR TO EXECUTION
MIA 184472756v2
Exhibit "C"
Drainage System Reservation
[see attached]
MIA 184472756v2
_SKEW CH jO COMPAJIY
L E'Gr L DESCSIP LMO N
OF DRAINAGE EASEMENT
ABBREVIATIONS:
(P) - PLAT DATA
(R) - RECORDED
AVE - AVENUE
BLVD - BOULEVARD
DR - DRIVE
ST - STREET
TER - TERRACE
P.B. - PLAT BOOK
PG. - PAGE
P.O.B. •- POINT OF
BEGINNING
P.O.C. - POINT OF
COMMENCEMENT
RNG. - RANGE
R/W - RIGHT OF WAY
SEC. - SECTION
TWP. - TOWNSHIP
NE. - NORTHEAST
NW. - NORTHWEST
SE, - SOUTHEAST
SW. - SOUTHWEST
- CENTERLINE
fLt - MONUMENT LINE
BISCAYNE BOULEVARD
ED
B 4 RS PARK
P.B. 2, P 53
N.E. 28th
N.E. _27
BLOC. 3, G►LDCOU'T
P.:. 4, 187
N.E. 29th STREET
13 AND 14
TRACfi "A"
GARDEN PAR!I ON THE BAY
STREET
DAINAG
ErEAf EN' � .
AL.ET
TRACT "B"
BLOCK 3, J. PACKARD LAIRD'
P.B. 7, PG.
T
BISCAYNE BAY
RES
1
UB
SURVEYOR'S NOTES:
— This is not a Survey.
— This site lies in Section 30, Township 53 South,
Range 42 East, Miami —Dade County, Florida.
— Bearings shown hereon are assumed and are
referenced to the north right of way line of N.E. 27th
Street Alley, having a bearing of N89°59'07"E.
— Legal description was developed based on CAD Ole
provided by client.
— This sketch and legal description are valid only when
all sheets are combined, forming the complete
document.
S�C�ALE' 1"= 150)1
SURVEYOR'S CERTIFICATE:
1 hereby certify that the attached "SKETCH TO ACCOMPANY
LEGAL DESCRIPTION" was prepared in accordance with
Chapter 5J-17 Florida Administrative Code, pursuant to
Section 472,027, Florida Statutes.
Not valid without the signature and original raised seal of
a Florida Licensed Surveyor and Mapper.
THIS IS NOT A SURVEY
Biscayne Engineering Company, Inc.
529 West Flagler Street, Miami, FL. 33130
Tel. (305) 324-7671, Fax (305) 324-0809
State of Florida Department of Agriculture
LB-0000129
Date: 04-09-2015
WOLFGANG S. HUECK, PSM, For the Firm
Professional Surveyor and Mapper No. 6519
State of Florida
BEG REF. CG-1162-NGVD-29-1, ORDER NO. 83445
DRAWING: 2206-SS-1 O
DATE Apr 09, 2015 12157pm EST FILE: F:\SURVEY\PROJECTS\61000's\61165 111E RELATED GROUP \DWG\AREA CONTAINING STORM DRAINAGE EASEx1ENT.dwg
CLIENT NAME: THE RELATED GROUP
REVISION DATE:
BEG ORDER # 03-84799
DRAWN BY
W.H.
SHEET 1 OF 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
1898
529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM
SW. CORNER OF
BEC REF. CG-1162-NGVD-29-1, ORDER NO. 83445
SDI E'TVII A C GOI rp A J VY
LE-'GAIr, DESCRIS P IraINT
OF DRAINAGE EASEMENT
N90'00'00 "E
18.83'
0
0
0
S89'59'52''E
2.55'
WEST LINE OF TRACT "B"
GRAPHIC SCALE
0 10 20
1 inch = 20 ft.
TRACT "A"
O
O
0
0
oJ(
co
0
0
S89 59'52"E o
0 '02
12' WIDE INGRESS -EGRESS
7 AND DRAINAGE EASEMENT
TRACT "A"
(P.B.____, PG.____
17.78'
S89 59'52 "E
RAINAGE SYSTEM � -- — N
N89 59'52"W
SOUTH LINE OF THE NW 1/4
/ OF SEC. 30-53-42
85.83,E
DRAINAGE EASEMENT
RADIAL
Ni7 20'37"E
NO2'05'51 "E
6.73'
TRACT "B", (PUBLIC PARK) J
r_
(P.B.--- P.G.____)
SOUTH LINE
S89'59'07"W /OF TRACT "B"
17.f3'
S86 37-' 7-"E
o Z~
O
IOo
144
0
0
0
DRAINAGE
SYSTEM
153.45'
P.O.C. N.E. 27th STREET ALLEY N89 59'07"E \EARING BASIS
NORTH R/W LINE OF N.E. 27th STREET ALLEY
DAZE Apr 09, 2015 — 1257pm EST FILE Fi\SURVEY\PROJECTS\81000's\81155 THE RELATED GROUP \DWG\AREA CONTAINING STORM DRAINAGE EASEMENT,
DRAWING: 2206-SS-1 0
CLIENT NAME: THE RELATED GROUP
REVISION DATE:
BEC ORDER # 03-84799
DRAWN BY
W.H.
SHEET 2 OF 3
A, BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
1898 529 WEST FLAGTrFR ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM
SKETCH WO ACCOMPANY
LEGJA L LIESC IREP J Iro '
OF DRAINAGE EASEMENT
"DRAINAGE SYSTEM" CONTAINED WITHIN THE FOLLOWING DESCRIBED PROPERTY
LEGAL DESCRIPTION:
A portion of Tract "B", GARDEN PARK ON THE BAY, according to the Plat thereof,
as recorded in Plat Book ___, at Page ____, of the Public Records of
Miami —Dade County, Florida, said portion of Tract "B being more particularly
described as follows:
COMMENCE at the Southwest corner of said Tract "B"; thence North 00°00'08" East,
along the west line of said Tract "8" for a distance of 24.57 feet; thence South
89°59'52" East, leaving said west line, for a distance of 2.55 feet to the POINT OF
BEGINNING of the herein described Area; thence North 00°00'00" West, for a distance
of 26.02 feet; thence North 90°00'00" East, for a distance of 18.83 feet; thence
South 00°00'00" East, for a distance of 9.49 feet; thence South 89°59'52" East, for
a distance of 17,78 feet; thence along the boundary line of said Tract "B" the
following six (6) courses: (1) South 00°00'08" West for a distance of 4.53 feet; (2)
South 89°59'52" East, for a distance of 85.83 feet; (3) North 00°00'08" East, for a
distance of 100.54 feet; (4) South 86°37'17" East, for a distance of 17.63 feet; (5)
North 02°05'51 " East, for a distance of 6.73 feet to the point of intersection with a
circular curve concave to the Northeast, a radial line through said point bears North
17°20'37" East from said point of intersection; (6) thence Easterly along the the arc
of said circular curve, having a radius of 66,80 feet, through a central angle of
11 °32'20", for an arc distance of 13,45 feet; thence leaving said boundary line South
00°00'08" West, for a distance of 115.54 feet; thence North 89°59'52" West, for a
distance of 153.45 feet to the POINT OF BEGINNING.
Containing an area of 5,348 square feet more or Tess.
BEC REF, CG-1182-NGVD-29-1, ORDER NO. 83445 GATE Apr 09, 2015 — 1257pm EST FILE: F:\SURVEY\PROJECTS\81000's\81155 THE REUTED GROUP \DWG\AREA CONTAINING STORM DRAINAGE EASEMENT.dw9
DRAWING: 2206-SS-1 0
CLIENT NAME: THE RELATED GROUP
REVISION DATE:
BEC ORDER # 03-84799
DRAWN BY
W.H.
SHEET 3 OF 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM