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99-059 RESOLUTION NO. 99-59 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST 34TM AVENUE: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the developers and owners of property adjoining a portion of a public roadway construction planned for Northeast 34~h Avenue, have expressed an interest in dedicating private property to constitute a portion of Northeast 34th Avenue as a public road. WHEREAS, the City Commission finds that it is appropriate and in the best interest of the public to facilitate the dedication of this portion of private property to be incorporated within the Northeast 34th Avenue right of way, and to accept the dedication; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1: That the right of way dedication, as reflected on the attached right- of-way deed from Trafalgar Associates of Aventura, Ltd, is hereby accepted and the City Manager is hereby authorized to cause such right-of-way deed to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance. Resolution No. 99-5_2. Page 2 Section 3. That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 4. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner Rosers-Libert who moved its adoption. The motion was seconded by Commissioner ~olzb~r~ , and upon being put to a vote, the vote was as follows: Commissioner Ken Cohen yes Commissioner Jay R. Beskin yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Pedow yes Commissioner Patdcia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 2n~ day of November, 1999. ARTHUR [ SNYDER, MAYOR ATTEST: APPROVED AS TO LEGAL SUFFICIENCY Gl EY 2 Right of Way Division CITY OF AVENTURA PUBLIC WORKS DEPARTMENT 2999 NE 191'~ Street Aventura, Florida 33180 Prepared by: Ramon R. Cacicedo, Jr., Esq. WESTWOOD NATIONAL TITLE COMPANY 6505 Blue Lagoon Drive, Suite 240 Miami, Florida 33126-6001 Parcel ID#: RIGHT OF WAY DEED TO CITY OF AVENTURA CONVEYS THE TITLE FOR HIGHWAY PURPOSES THIS INDENTURE, made this 7th day of October, 1999 by and between Trafalgar Associates of Aventura, Ltd., a Florida limited partnership ("Grantor") of 20795 NE 30 Avenue, Aventura, Florida 33180, 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 NE 19l~t Street, Aventura, Florida 33180, party of the second part, WITNESSETH: The Grantor for and in consideration of the sum of One ($1.00) Dollar, in hand paid by the City, the receipt whereof is hereby acknowledged, and for other and further good and valuable considerations, does hereby grant, bargain and sell to the City, and its successors in interest, for the purpose of a public highway and purposes incidental thereto, all the right, title, interest, claim and demand of Grantor, in and to the following described land, situate, lying and being in the County of Miami-Dade, State of Florida, to-wit: See Exhibit "A" attached hereto It is the intention of Grantor, by this instrument, to convey to the City, and its successors in interest, the land above described for use as a public highway and for all purposes incidental thereto. It is expressly provided that if and when the said hi.way shall be lawfully and permanently discontinued, the title to the said above described land shall immediately revert to Grantor, its successors and assigns, and they stroll have the right to immediately re-possess the same. And Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, claiming by, through, or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal, the day and year above written. Trafalgar Associates of Aventura, Ltd., a Florida limited partnership Witnesses: By: Trafalgar Associates of Aventura, Inc., a Florida corporation, its General Partner By: Ram~n R. Cac~cedo, Jr. Gus/ He~and~z,/qice President ~qivian Royuela '" // [Corporate Seal] ' State of Florida ) County of Miami-Dade ) The foregoing instrument was acknowledged before me this 7th day of October, 1999 by Gus Hemandez, as Vice President of Trafalgar Associates of Aventura, Inc., a Florida corporation, the General Partner of Trafalgar Associates of Aventura, Ltd., a Florida limited partnership, on behalf of the corporation and the partnership, who is personally known tn me and who did not take an oath. ~ cc ~l Notary Public, State o1~1 .~da The foregoing was accepted and approved on the .C day of % ~>..~ t~(.)~ ,1999 by Resolution No. :: ; ~ -J: of the City Commission of the City of Aventura, Florida. City Manager Print name: Eric ATTEST: Clerk of said Commission City Clerk Print name: Teresa M. Soroka C.C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS ::'~'~/THIS DESCRIPTION/~ ~" LOCATION SKETCH LEGAL DESCRIPTION: ADDITIONAL RIGHT-OF-WAY DEDICATION A portion of Troct "L", AVENTURA LAKES - PHASE I, occording to the Plot thereof, os recorded in Plot Book 153, ot Poge B, of the Public Records of Miomi Dode County, Florido, described os follows: COMMENCING et the Northeost corner of Section 54, Township 51 Sou[h, Ronge 42 Eos[; Thence South 01'59'05" Eost, olong the Eost line of sold Section 54, o distonce of 709.14 1eet; Thence South 88'00'57" West, o dis[once of 40.00 feet to the Nor[heost corner of sold Troct "L" end the POINT OF BEGINNING; Thence South 01'69'05" Eost, olong the Eosterly boundory of sold Troct "L". o distonce of 115~41 feet; Thence South 88'00'57" West. o distonce of 10.00 feet ~o the beginning of o non-tongent curve conceve to the Southwest hoving o rodius of 246.42 feet, e centro~ ongle of 27'08'15", end to sold point o line beers North 88'01'54" Eost; Thence Northwesterly, oIong the orc of sold curve for o distonce of 116.71 feet to the beginning of o non-tongent curve concove to the Southwest hoving o rodlus of 25.00 feet. o centrol ongle of 09'09'51", end to sold point o rodiol line beers North 58'09'18" Eost; Thence Troct "L"; Thence North 88'26'05" Eost, olong sold Northerly boundory, o dlstonce of 59,55 fee[ to the POINT OF BEGINNING. Sold lends lying end situote in the City of Aventuro, Miomi-Dode County, Florido. Soid lends contoin 2,255 squore feet/ 0,0§ ocres, more or less NOTES (SKETCH AND LEGAL ONLY NOT A SURVEY) RIGHTS-OF-WAY Of RECORD, CERTIFICATION: MRS A. HAMILTON; C.C,L, CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS P.O.C. CORNER O SECll0N 54-51-42 SCALE: 1"=50' .~' EAST UNE 34-51-42 ~ ~ ~ACT ~.E. ~5~ S~ ~ACT 'L' ,, FA~mRA UKES - PHASE m/ &27~8'15" LEGEND: R~IAL R= RADIUS BOUNDARY L= ARC DISTANCE S88~0'57"W ~ACT "L' &= CENTRAL ANGLE 10.00' ORB=OFFICIAL RECORDS BOOK P.D. = PLAT BOOR RE~flSIONS DATE BY AND LEGAL ONLY NOT A SURVEY DATE: CHECKED 08/13/99 RJLK JAN BOOK N/A City Of AVENTURA GOVERNMENT CENTER  2999 N.E. 191ST STREET SUITE SOO AVENTURA~ FLORIDA 33180 OFFICE OF THE CITY MANAGER Mr. Steven W. Zelkowitz November 23, 1999 Weiss Serota Helfman Pastoriza & Guedes, P.A. Attorneys at Law 2665 Somh Bayshore Drive, Suite 420 Miami, FL 33133 RE: NE 34th Avenue - Right of Way Dedication Dear Mr. Zelkowitz: Please find enclosed the executed "No-Lien, Possession and Affidavit", "Opinion of Title", Right-of-Way Deed document and a partial release of mortgage pertaining to the above referenced item. I have also attached a copy of the resolution accepting the right- of- way dedication. i am submitting these documents, as you requested, so you may complete your confirmation, for the City, to the legal form and sufficiency of the Dedication and instrument o f conveyance. Please contact me if you have any questions. Sincerely, 4 Antonio F. Tomei Capital Projects Manager cc: Eric M. Soroka, City Manager Teresa M. Soroka, City Clerk PHONE: 305-466-8910 ' FAX: 305-466-8919