HomeMy WebLinkAboutExhibitReturn to:
Director of Public Works
City of Miami
444 SW 2nd Avenue, Ste. 945
Miami, Florida 33130
Instrument Prepared by:
Meredith L. Singer
Greenberg Traurig, P.A.
333 SE 2nd Avenue
Miami, FL 33131
Folio Nos: a portion of
User Department: Public Works
DRAFT
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of , 2017, by and between Swire Pacific
Holdings Inc., a Delaware corporation, whose address is 501 Brickell Key Drive, Suite 600, Miami, Florida 33131,
party of the first part and City of Miami,. a Florida municipal corporation, 444 SW 2nd Avenue, Miami, Florida
33130, of Miami -Dade County, party of the second part.
WITNESSETH:
THAT THE SAID PARTY OF THE FIRST PART, for and in consideration of the sum of One and No/100ths
Dollar ($1.00) and other good and valuable considerations to them in hand paid by the 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 in interest, for use as a public park and as a public water taxi pick up and drop off location and purposes
incidental thereto, all right, title, interest, claim or demand of the party of the first part, in and to the following
described land, situate, lying and being in the County of Miami -Dade and the State of Florida, to wit (the "Property).
PLEASE SEE ATTACHED COMPOSITE EXHIBIT "A"
THIS CONVEYANCE is subject to: (i) taxes and assessments for the current calendar year and all
subsequent years; (ii) zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental
authority; (iii) conditions, restrictions, reservations, limitations and easements of record, if any, but this reference shall
not operate to reimpose same; (iv) restrictions, conditions, covenants, liens, terms and limitations set forth in the
Declaration of Covenants, Restrictions and Easements for Brickell Key, recorded in Official Records Book 11344, at
Page 1257 of the Public Records of Miami -Dade County, Florida (as amended and/or supplemented from time to
time, the "Master Declaration"), and the Development Order set forth in Resolution 75-135, issued by the City of
Miami on February 12, 1975, which Development Order was clarified by Resolution 75-423 on April 22, 1975, and
subsequently amended through Resolution 84-1496 on December 20, 1984, and Resolution 85-812 on July 25,
1985, all as further modified by Ordinance (collectively, the "Development Order"), and (v)
matters that would be disclosed by an accurate survey of the Property.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anyway
appertaining.
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Right of Way Deed to City of Miami
Page 2 of 6
IT IS THE INTENTION OF THE PARTIES hereto by this instrument to convey to party of the second part,
and its successors in interest, the land herein described for use as a public linear park and for use as a public water
taxi pick up and drop off location and purposes incidental thereto, and that said use is not limited or restricted in any
way, other than, as set forth herein or in the Declaration.
SAID PARTY OF THE FIRST PART does hereby fully warrant the title to said land, subject to the matters
set forth above, and will, subject to the matters set forth above, defend the same against the lawful claims of all
persons whomsoever, claiming by, through or under it, but against no others.
PROVIDED, HOWEVER, it is expressly understood and agreed that the conveyance of the Property to party
of the second part is being made to satisfy, in part, party of the first parts' obligation to dedicate public park lands as
required by the Development Order. Therefore, as a further condition to and part of the consideration of this
conveyance, in the event the Property shall ever cease to be used for public park purposes and for purposes
incidental thereto (unless first approved in writing by the Brickell Key Master Association, Inc., a Florida not -for -profit
corporation), the Property shall absolutely revert to party of the first part. For purposes hereof, it is understood and
agreed that the following uses shall be deemed consistent with public park purposes and shall not be deemed to
violate the restriction contained herein (i) operation of a water taxi service and/or pick up and drop off location for
same, (ii) use of the Property as a fire lane and for emergency ingress and egress, and (iii) use of the Property for the
provision of utilities and utility services (and the repair, replacement, alteration and replacement of same) as may be
permitted in any easements affecting the Property. The reversion provision contained herein shall be binding upon
party of the second part and any other person or entity claiming by, through or under party of the second part and
shall inure to the benefit of and be enforceable by party of the first parts', their respective successors and/or assigns.
Any reversion hereunder shall be automatic without any necessity for suit or re-entry and no act or omission on the
part of any beneficiary of this clause shall be a waiver of the operation or enforcement of the same.
THIS DEED shall also be deemed a Supplemental Declaration to the Declaration for the purpose of
declaring the Property as "Common Properties" under the Declaration to the extent not previously declared as such.
In that regard, the aforedescribed Property conveyed to Party of the second part is and shall be continuously,
maintained, administered and operated as "Common Properties" under, and as defined in, the Master Declaration.
[Signature Pages to Follow]
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Right of Way Deed to City of Miami
Page 3 of 6
IN WITNESS WHEREOF, the said parties of the first part hereunto set their hands and seals the day and
year above written.
Signed, sealed and delivered SWIRE PACIFIC HOLDINGS INC., a Delaware corporation
in the presence of:
Name:
Name:
STATE OF )
) ss:
COUNTY OF )
By:
Name:
Title:
(Corporate Seal)
The foregoing Special Warranty Deed was acknowledged before me this day of
2017 by as of Swire Pacific Holdings Inc., a Delaware
corporation. He/She is personally known to me or produced as
identification.
My commission expires:
Name:
Notary Public, State of Florida
Commission No.
Commission Number:
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Right of Way Deed to City of Miami
Page4of6
CITY OF MIAMI,
a Florida municipal corporation
Attest: By:
Todd B. Hannon
City Clerk
Daniel J. Alfonso
City Manager
Approved as to legal form Approved as to insurance
and correctness: requirements:
By: By:
Victoria Mendez
City Attorney
This instrument accepted
pursuant to Resolution No.
passed and accepted
Ann -Marie Sharpe
Risk Management Director
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Right of Way Deed to City of Miami
Page 5 of 6
Joinder by Master Association
THIS JOINDER is given as of the day of , 2017, by Brickell Key Master Association,
Inc., a Florida corporation not -for -profit (the "Master Association"), being the entity responsible for the
administration of the A Declaration of Covenants, Restrictions and Easements for Brickell Key, recorded in Official
Records Book 11344, at Page 1257 of the Public Records of Miami -Dade County, Florida (as amended and/or
supplemented from time to time, the "Master Declaration").
NOW, THEREFORE, the Master Association hereby executes this Joinder to evidence its agreement and
consent to the recordation of the foregoing instrument and that the Property be continuously maintained,
administered and operated as "Common Properties" under, and as defined in, the Master Declaration.
Made as of the day and year first above written.
Witnessed by: Brickell Key Master Association, Inc., a Florida
corporation not -for -profit
Name:
Name:
STATE OF )
SS:
COUNTY OF )
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2017 by
as of Brickell Key Master Association, Inc., a Florida
corporation not -for -profit. He/she is personally known to me or has produced
as identification.
Name:
Notary Public, State of Florida
My Commission Expires: Commission No.
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Right of Way Deed to City of Miami
Page 6 of 6
Exhibit "A"
Sketch and Legal Description of Right of Way Dedication
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