HomeMy WebLinkAboutReso 2011-1810 RESOLUTION NO. 2011- 18 t d
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AND
ACCEPTING A WARRANTY DEED FOR THE
CONVEYANCE OF LAND FOR PUBLIC PURPOSES FROM
TRG SUNNY ISLES VII WEST, LLC; AUTHORIZING THE
RECORDING OF THE DEED IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Pursuant to its Home Rule authority under Chapter 166, Florida Statutes
and its Charter, the City has the authority to accept properties from private land owners where
such properties are dedicated for public purposes; and
WHEREAS, TRG Sunny Isles VII West, LLC has agreed to execute a statutory warranty
deed to dedicate land to the City for the construction of a municipal park; and
WHEREAS, the City Commission wishes to accept the land the Grantor agrees to
dedicate for the construction of a municipal park.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Warranty Deed. Subject to compliance with City Code, payment of
all existing real estate taxes and transfer fees by TRG Sunny Isles VII West, LLC and review and
approval by the City Attorney, the City Commission hereby accepts and approves the Statutory
Warranty Deed submitted by TRG Sunny Isles VII West, LLC, attached hereto as Exhibit"A".
Section 2. Dedication of Land. The City Commission finds and determines that the property
being dedicated to the City shall be held or used for a public purpose.
Section 3. Recording. The Deed shall be recorded in the public records of Miami-Dade
County, Florida at the sole cost and expense of TRG Sunny Isles VII West, LLC.
Section 4. Authorization of City Manager and City Attorney. The City Manager and the City
Attorney are hereby authorized to do all things necessary to effectuate the terms of this
Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this CI day of November, 2011.
7N rman S. E•elcup.,- ayor
ATTEST:
C—&/ti' L6tAr:in
Jane A. Hines, CMC, City Clerk
APPROVED A 0 FORM
AND J •Uit I :, Y:
Arm
., s Ottinot, City Attorney
Moved by: eiDhnnrAL LtKO4 cl..l�
Seconded by: r.aa d-' f4'rT�
Vote: 4._b _i
Mayor Edelcup 1/ (Yes) (No)
Vice Mayor Thaler —bce 'F (Yes) (No)
Commissioner Aelion ✓ (Yes) (No)
Commissioner Gatto (/ (Yes) (No)
Commissioner Scholl 1/ (Yes) (No)
i
4
1 11 1111 1 1111 11 1 11 11111 11111 1111 1 11111 1111 1111
CFH 2011R0788536
OR Bk 27903 Pss 3156 - 3159; (ti.P s s)
RECORDED 11/22/2011 15:41:10
DEED DOC TAX 0.60
SURTAX 0.45
This instrument prepared by: HARVEY RUVIN► CLERK, OF COURT
Hans Ottinot,Esq. MIAMI-DADE COUNTY, FLORIDA
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue, 4th FL
Sunny Isles Beach, FL 33160
After recording return to:
Jane Hines, City Clerk
City of Sunny Isles Beach
Sunny Isles Beach, FL 33160
Tax Folio identification Number:
31-2214-0080150
WARRANTY DEED
THIS WARRANTY DEED is made and executed this 17th day of November, 2011, by
TRG Sunny Isles VII West, LLC, (the "Grantor") whose mailing address is 18001 Collins
Avenue, 31S`. Floor, Sunny Isles Beach, FL 33160 to the City of Sunny Isles Beach, a Florida
municipal corporation (the "Grantee"), whose mailing address is 18070 Collins Avenue, Sunny
Isles Beach, FL 33160.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real
property (the "Property") located in Miami Dade County, Florida, and more particularly
described as:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A".
SUBJECT TO:
1. All easements, conditions, covenants, restrictions, reservations, limitations and
agreements of record, provided that this instrument shall not reimpose same.
2. Real estate taxes for the period following the date of delivery of this Warranty Deed
to the Grantee. All real estate taxes for the period prior to the delivery of this
Warranty Deed to the Grantee shall be paid by the Grantor.
3. Existing applicable governmental building and zoning ordinances and other
governmental regulations.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any
way appertaining to the Property.
9862196.5
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey
the Property; and that Grantor does hereby fully warrant the title to the Property and will
defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed as of
the day and year first written above.
Witnesses: GRANTOR
TRG Sunny Isles VII West, LLC, a
Florida limited liability company
By: South One De+e pment, LLP, a
Florida limite . ► i partnership
By:
Micha-1 Dezer, authorized
partner
,/
Jo
Print Name
tr;c41/41 fri/jig ti
Print Name
9862196.5
STATE OF FLORIDA )
SS:
MIAMI-DADE COUNTY )
I`
The foregoing instrument was acknowledge before me this ( ) day of November, 2011,
by Michael Dezer, authorized partner of South One Development, LLP, a Florida limited liability
partnership which is a managing member of RG Sunny Isles VII West, LLC, a Florida limited
liability company, who (check one) [14 is personally known to me or [ ] has produced
as identification.
1 w'1rt:'x. KAREN BARRIOS
Win Pu01k•Sti t of Florida
1 �`+ My Comm.Expires Aug 30.2014
4 ''_._ Commission I EE 2203S
NOTARY PUB4Q, State of Florida
Print Name: Nirof er;OS
Commission No.: e Z Za3 S
Commission Expires: q 36 ,?01
9862196.5
OR Bk 27903 PG 3159
LAST PAGE
EXHIBIT "A"
All that part of Lots 87 and 88 of TATUM'S OCEAN BEACH PARK
SUBDIVISION, recorded in Plat Book 5, at Page 35, of the Public Records
of Miami-Dade County, Florida lying Westerly of the Westerly line of the
100.00 foot Right- of -Way of State Road No. 140, now known as State
Road A-1-A, as the center line of same is recorded in Plat Book 45, at page
39, of the Public Records, of Miami-Dade county, Florida, said lots surveyed
to face of a concrete bulkhead cap lying Westerly of the said Westerly line of
State Road A-1-A.
9862196.5
City Commission
�SJNNY /S( ''P.3,
City of Sunny Isles Beach Norman S.Edelcup,Mayor
Lewis J.Thaler,Via Mayor
� 18070 Collins Avenue Isaac Aelion,Commissioner
a
n Sunny Isles Beach, Florida 33160 Jeanette Gatto,Commissioner
u e = George"Bud"Scholl,Commissioner
* ' (305)947-0606 City hall Alan J.Cohen,Co Manager
Cr Mana r
*i9 .< ,,- OP (305)949-3113 Fax Hans Ottinot,CityAttorney
*S''e -?+ F LO?'‘ o'' (305)947-2150 Building Department Jane A.Hines,CMC,City Ckrk
(-17.). o f sus "`' (305)947-5107 Fax
MEMORANDUM
TO: The Honorable City Commiss'on,
FROM: Hans Ottinot, City Attorney Ill
DATE: November 17, 2011
RE: Resolution Accepting Land for Municipal Park
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
By way of background, the City Commission adopted a Green Space Initiative to create more
parks and open space on the west side of Collins Avenue pursuant to the City's Comprehensive
Plan. In accordance with the Green Space Initiative, the City purchased several properties on the
west side of Collins Avenue to construct an intracoastal linear passive park south of 167 Street
and Collins Avenue.
As mitigation for a proposed development project, TRG Sunny Isles VII West, LLC has agreed
to donate land to the City to expand the intracoastal park on the south side of the City. The
donated land is located adjacent to the property (commonly known as the Ocean Food Market
Property) that the City intends to construct the intracoastal park. The donation of this land will
enhance the proposed intracoastal park and support the City's Green Space Initiative. The
donation will also eliminate a blight surface parking area adjacent to the proposed park.
/Attachment
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Agenda item
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