97-089 RESOLUTION NO. 97-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING DEDICATION OF
RIGHT-OF-WAY PURSUANT TO DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
AVENTURA COMMONS ASSOCIATES LTD. AND
TRAFALGAR ASSOCIATES OF AVENTURA LTD.;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Development Agreement, approved pursuant to Resolution No. 97-
53, provides for the dedication of public right-of-way for the benefit of the City of Aventura;
and
WHEREAS, the City Council desires to accept such dedication, as provided herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the right-of-way dedications, as reflected on the attached right-of-
way deeds from Trafalger Associates of Aventura Ltd., and Gulfstream Park Racing
Association, Inc. are hereby accepted and the City Manager is hereby authorized to cause
such right-of-way deeds to be recorded in the Official Records of Miami-Dade County,
Florida, subject to confirmation by the City Attomey that the grantors have met all
conditions precedent to the recordation of such right-of-way deeds in accordance with the
Development Agreement.
Section 2. That this Resolution shall be effective immediately from and after
adoption hereof.
The foregoing Resolution was offered by Councilmember Vice Mayor Beskin, who
moved its adoption. The motion was seconded by Councilmember
Resolution No. 97- 8._9
Page 2
Cohen , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg ;)-es
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
~A~5,THUR I. SNY(,OEi~, ri/I~YOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY A-I-FORNEY
2
Return to:
Right of Way Division
City of Aventura Public Works Department
2999 N.E. 191 st Street
This instrument prepared by:
Clifford A. Schulman, Esq.
Greenberg Traurig Hofflnan LipoffRosen
and Quentel, P.A.
122 l Brlckell Avenue
STATE OF FLORIDA )
)
COUNTY OF DADE )
TH1SINDENTURE, made this /(o dayof ~[D~(~m~t/ ,A.D.
1~~) , by and between Gulfstream Park Racing Association, Inc., whose address is 900
South Federal Highway, Hallandale, FL 33009, ("Gulfstream"), and the CITY OF
AVENTURA, ("City") a body Corporate and a Political Subdivision of the State of
Florida, and its successors in interest, whose Post Office address is 2999 N.E. 191st
WITNESSETH:
That Gulfstream, for and in consideration of the sum of One Dollar ($I .00) in
hand paid by the City, the receipt ~vhereof is hereby aclmowledged, and for other and
further good m~d valuable considerations, does hereby grant, bargain and sell to the City,
It is expressly provided that if and when the said highway shall be lawfully and
revert to Gulfstream, its heirs and assigns, and they shall have the right to immediately re-
possess the sanle.
And Gulfstream does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whosoever, claiming by, tln'ough or
under Gulfstream.
IN WITNESS WHEREOF, Gulfstream has hereunto set its hand and seal, the
day and year above first written.
Signed, Sealed and Delivered
in our presence: GULFSTREAM PARK RACING
ASSOCIATION, 1NC.
Witness Printed Name Printed Name
~ess~ '~---~' Title-~
~"c:)~ ¢' ~[q~-S (SEAL)
Witness printed Name
2
STATE OF ~)o(,~ )
COUNTY
I HEREBY CERTIFY, thatonthis l(~ dayof $¢¢rttCmiocF-,^.D.
19 q ~, before me, an officer fully authorized to administer oaths ~d take
ac~owled~ents, personally appe~cd ~ OO R ]&% ~m ~ known to me,
or proven, by producing the following identifica~on:
to be the person(s) who executed the foregoing
instruments freely and volunt~ly for the pu¢oses therein expressed.
WITNESS my h~d ~d seal in the County and State aforesaid, the day ~d year
last aforesaid.
Printed Not~ Si~ature
NOT~Y SEAL/ST~
Notau Public, State of
My co~ission expires:
Co~iss~o~YS~fia] No.
The foregoing ;vas accepted and approved on the /2- dayof~tq',~.D. 19~,
by Resolution No. ~ ?'~ } Of the City Commission of the Citer Aven{ura, Florida.
r
ATTEST: A~nntt ~ty Man ger~,, Clerk of said Commission
Deputy Clerk
3
EXHIBIT "A"
LEGAL DESCRIPTION: RoodwQy
n Plcf Book 76, of Page 30, of fhe Public Records o~ Bode Count, Florida. sald p~dlon
Retum to:
Right of Way Division
City ofAventara Public Works Department 9~F,:EJE;~21~.~' ~"?~ F?
2999 N.E. 191~t S~eet
Aventura, FL 33180
This instrument prepped by: -'¢(¢ ¢ ~ ~
Arnold A. Bro~, Esq.
2665 S. Bayshore Drive
Suite 1200
Coconut Grove, FL 33133
~G~T-OF-WAY DEED TO CITY OF AVENTU~
CONVEYS T~E TITLE FOR HIGHWAY PURPOSES
THIS INDENTU~,madethls dayof SEP 2 4 ~ ,A.D., 19 ,by
~d between Trafalg~ Associates of Avent~ Ltd., whose ad.ess is 6505 Blue Lagoon Drive,
Mimni, FL 33126 ("Gr~tor"), ~d the CITY OF AVENT~, ("City") a body Co.orate ~d a
Political Subdivision of~e State of Florid~ ~d its successors in interest, whose Post Office
address is 2999 N.E. 19Pt S~eet, Avent~ Florid~ 33180, p~y of the second pail,
~ESSETH:
That Gr~tor, for m~ ~ consideration of~e sum of One Doll~ ($1.00) in hm~d paid by
the City, the receipt whereof is hereby ac~mwledged, m~d for o~er ~d ~her good ~d
valuable considerations, does hereby ~t, bgg~ ~d sell to the City, ~d its successors in
interest, for the p~ose ora public highway ~d pu~oses incidental thereto, all ~e right, title,
interest, claim ~d dem~d of Gr~tor, in mid to the following described l~d, situate, lying ~d
being in the County ofDade, S~te of Florid~ to-wit:
SEE EXHIBIT "A" ATTAC~ED ~E~TO
It is the intention of Gr~tor, by this instrument, to convey to the City, ~d its successors
in interest, the l~d above described for use as a public highway ~d for all pu~oses incident~
thereto.
It is expressly provided that ifad when the said high~vay shall be law~lly ~d
permanently discontinued, the title to the said above described l~d shall immediately revert to
Grmator, its successors ~d ~signs, m~d they shall have the right to immediately re-possess the
And Gr~tor does hereby ~lly w~t the title to said l~d, ~d will defend the sine
against the law~l clams ofalI persons whosoever, claiming by, ~ough or reader Gr~tor.
1N WITNESS WHE~OF, Gr~tor has hereunto set its h~d ~d sea, he day m~d year
above first written.
Signed, sealed and delivered Trafalgar Associates of Aventura, Ltd.,
in our presence: a Florida limited partnership, by Trafalgar
~~~.~ Associates of Aventura, Inc., a Florida
sign: corporation
print: .// ~-- ','~
sig'~~- By: ..~//.
n.~,~~ Ramo~n R. Cacicedo Presid~ht ~,5
STATE OF FLORIDA )
COUNTY OF DADE ) '
I HEREBY CERTIFY, that onq);.o ~27/.'~ day of September, A.D., 1997, before me, an
officer fully authorized to administer oaths and take acknowledgments, personally appeared
Ramon R. Cacicedo, known to me, or proven by producing a driver's license as identification, to
be the persons who executed the foregoing instrument in the capacity noted freely and
voluntarily for the purposes therein expressed.
NOTARY SEAL/STAMP
Notary Public, State of Florida
My commission expires:
Commission/Serial No.
The foregoing was accepted and approved on the /~lay of ~[~l/~,,t~D.
1997, by Resolution' No. O/7_~7 q of the City Commission of the i~ of Aventurd,'Florida.
Print Name:
ATTEST:
Clerk of said Commission ;-
~ Clerk
Print Name: ,~'~¢~-*~ Pr A~. X/IA l/~
LEGAL DESCRIPTION
50' RO~D RIGHT-OF-WAY
pREpARED By: [ DATB: 10-06 97 IORDER U°' *7 06~
FORD, AR~ENTEROS & }A~NUCY, ~c. ~sIox: SC~E: 1" = ZOO'
LEGEND: