HomeMy WebLinkAboutR-03-0034J-03-011
1/9/03
RESOLUTION NO. 0 .7 r 34
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSENT AND PARTIAL
WAIVER OF RIGHT OF REVERTER, IN SUBSTANTIALLY
THE ATTACHED FORM, TO WAIVE THE CITY'S RIGHT
OF REVERTER, ON A PORTION OF PROPERTY LOCATED
AT 3575 SOUTH LEJEUNE ROAD, MIAMI, FLORIDA
("PROPERTY"), AS DESCRIBED IN "EXHIBIT A,"
ATTACHED AND INCORPORATED, CONVEYED TO
MIAMI-DADE WATER AND SEWER AUTHORITY ON
MAY 27, 1975, PROVIDED THAT (1) THE PROPERTY
IS CONVEYED BY MIAMI-DADE COUNTY TO THE
MIAMI-DADE COUNTY SCHOOL DISTRICT, AT NO
COST, EXCLUSIVELY TO PROVIDE A PARENT
DROP-OFF LANE FOR INGRESS TO GEORGE
WASHINGTON CARVER MIDDLE SCHOOL, AND (2) AS
APPROVED BY THE NEIGHBORS, APPROPRIATE
PLACEMENT OF LANDSCAPING WITHIN FORTY-FIVE
DAYS FROM THE ADOPTION OF THIS RESOLUTION TO
AESTHETICALLY BUFFER THE AIR-CONDITIONING
UNIT NEWLY INSTALLED AT THE SCHOOL.
WHEREAS, on May 27, 1975, the City conveyed to Miami -Dade
Water and Sewer Authority property located at 3575 South LeJeune
Road, Miami, Florida, for the maintenance and operation of the
waterworks system or sanitary sewer system pursuant to the
Agreement between the City, Miami -Dade County, Florida, and the
Miami -Dade Water and Sewer Authority for Transfer of all Water
and Sewer Properties, Facilities, Funds, and Obligations; and
ATTACHM EINT
C0 N T A 114 6.
ED
CITY COMMISSION
MEETING OF
IAN 0 01 2003
Resolution No.
o)3— 34
WHEREAS, the Right of Reverter is triggered if the Property
ceases to be needed in the maintenance and operation of the
waterworks system or sanitary sewer system for which the Property
was conveyed; and
WHEREAS, Miami -Dade County Public School District ("School
District") is in need of a portion of the Miami -Dade Water and
Sewer Department's property located at 3575 South LeJeune Road,
Miami, Florida, ("Property"), as described in "Exhibit A,"
attached and incorporated, to provide a parent drop-off lane for
ingress to George Washington Carver Middle School and Miami -Dade
County will donate the Property to the School District for said
purpose; and
WHEREAS, on September 24, 2002, the Miami -Dade County Board
of County Commissioners passed and adopted Resolution
No. R-1054-02 authorizing the conveyance of the Property to
create better accessibility to George Washington Carver Middle
School; and
WHEREAS, the administration recommends that the City waive
the Right of Reverter, provided that the Property is conveyed by
Miami -Dade County to the School District at no cost and that the
School District uses the Property exclusively to provide a parent
drop-off lane for ingress to George Washington Carver Middle
School; and
Page 2 of 4 eJ 3- 34
WHEREAS, the neighbors have requested that a buffer be
placed around a newly installed air-conditioning unit to assure
aesthetical value;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute a
Consent and Partial Waiver of Right of Reverter, in substantially
the attached form, to waive the City's Right of Reverter on a
portion of the Property located at 3575 South LeJeune Road,
Miami, Florida ("Property"), as described in "Exhibit A,"
attached and incorporated, conveyed to Miami -Dade Water and Sewer
Authority on May 29, 1975, provided that (1) the Property is
conveyed by Miami -Dade County to the Miami -Dade County School
District, at no cost, exclusively to provide a parent drop-off
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
Page 3 of 4 iJ 3- 34
lane for ingress to George Washington Carver Middle School, and
(2) as approved by the neighbors, appropriate placement of
landscaping within forty-five days from the adoption of this
Resolution to aesthetically buffer the air-conditioning unit
newly installed at the school.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor .21
PASSED AND ADOPTED this 9th day of January , 2003.
MANUEL A. DIAZ,
ATTE
PRISCILLA A: THOKPSON
CITY CLERK
AS ��I FORM AND CORRECTNESS :C,.--
ORO—VILARELLO
.TTORNEY
6826:tr:AS:BSS
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4
�:►3- 34
This Instrument Prepared B)
Dave Murray
Asst. County Attorney
3071 SW 38`h Avenue
Miami, FL 33146
Phone: 786-552-8117
COUNTY DEED
THIS DEED, made this day of '2002, by Miami
Dade County, Florida, party of the first part, and the School Board 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
$10.00, to it in hand paid by the party of the second part, receipt whereof is hereby
acknowledged, and for the purposes herein stated, has granted, bargained and sold to the party
of the second part, his or her heirs and assigns forever, the following described land lying and.
being in Miami -Dade County, Florida_(the °Property"}:
See Exhibit A attached hereto
Party of the second part hereby agrees to, use the Property exclusively to provide a
parent "drop-off" lane for ingress to G. W. Carver Middle School and for no other purpose. Party
of the second part hereby acknowledges that any other use of the Property will causeits title to
revert to the City of Miami, as more particularly described in the Consent and Partial Waiver of
Right of Reverter set forth below.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of
said board, the day and year aforesaid.
ATTEST:
Harvey Ruvin, Clerk
MIAMI-DADE COUNTY, FLORIDA
By its Board of County Commissioners
By: By:
Deputy Clerk
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
(OFFICIAL SEAL)
--"Mayor
The foregoing instrument was acknowledged before me this day of
, 2002 by as of
p,S
3 4
c
m
This Instrument Prepared By:
Dave Murray
Asst. County Attorney
3071 SW 38h Avenue
Miami, FL 33146
Phone: 786-552-8117
Miami -Dade County, who is personally known to me or who
has produced as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No.
of the County of Miami -Dade, Florida passed and adopted on
— 2002. — — — — — — — –
CONSENT AND PARTIAL WAIVER OF RIGHT OF REVERTER
Whereas, the Property is subject to a right of reverter in favor of the City of Miami
dated May 27, 1975, recorded in Official Records Book Page of the Public
Records of Dade County, Florida, and as further provided in that certain Agreement between
the City of Miami and Dade County Florida and the Miami -Dade Water and Sewer Authority for
Transfer of all Water and Sewer Properties Facilities Funds and Obligations, to The Miami -
Dade Water and Sewer Authority dated March 13 1975• and
ht of reverter i;
the Property was conveyed by the City of Miami to Miami -Dade County: and
Whereas, Miami -Dade Public School District (the "School District") is in need of the
Property for the purpose of providing a parent drop off lane for ingress to G.W. Carver Middle
School and Miami -Dade County is willing to donate the Property to the School District for this
purpose.
Whereas the City of Miami is willing to waive the right of reverter provided that the
Property is conveyed by Miami Dade County to the School District free of charge and that the
School District use the Property exclusively for the purposes herein stated.
and valuable consideration, the receipt ,of which is hereby acknowledged, the City hereby
consents to the foregoing conveyance of the Property to the School District provided however,
ingress to G.W. Carver Middle School, the Property shall automatically revert to the City. its
successors and assigns.
IN WITNESS WHEREOF, the Citv has caused this Consent and
to 03- -34
This Instrument Prepared 6,
Dave Murray
Asst County Attorney
3071 SW 38'" Avenue
Miami, FL 33146
Phone: 786-552-8117
ATTEST: City of Miami
By: By:
Priscilla A. Thompson, City Clerk Carlos Gimenez, City Manager
APPROVED AS TO FORM AND CORRECTNESS
Aleiandro Vilarello, City Attomey
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
, 2002 by Carlos A. Gimenez, as City Manager of The city of Miami a
municipal corporation of the State of Florida, who is personally known to me or who has
produced _ as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No. 02- of the
City Commission of the City of Miami Dade County Florida passed and adopted on
-- , 2002.
ACKNOWLEDGEMENT OF RESTRICTIONS
The School Board of Miami -Dade County, hereby acknowledges the foregoinq restrctions
and right of reverter encumbering the Property.
The School Board of Miami -Dade County
--
By:
n ;;13- 34
This Instrument Prepared By:
Dave Murray
Asst. County Attorney
3071 SW 31P Avenue
Miami, FL 33146
Phone: 786-552-8117
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
i
The foregoing instrument was acknowledged before me this day of
2002- by as
of the School board df Miami -Dade County. -a
who is personally known to me or who has produced as
identification and who did/did not take an oath.
Printed Name:
Notary Public
IMy Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No.
of the School- Board of Miami -Dade County, passed and adopted on
2002.
w �J3- 34
MEMORANDUM
tAgenda ,Item No 6 (4) (2)
TO: Hon. Chairperson and Members DATE: September 24, 2002
Boaid bf County Commissioners
FROM: Robert A. Ginsburg
County Attorney
L
SUBJECT: Resolution authorizing the
conveyance of a portion of
the Water and Sewer
Department's property to the -
Miami -Dade County School
Board
The accompanying resolution was prepared and placed on the agenda at the request
of Commissioner Jimmy L. Morales.
RAG/jls
Robert A. Ginsburg
County Attorney
;j3- 34
a
MEMORANDUM
TO: Honorable Chairperson and Members DATE: September 24, 2.002
Board of County Commissioners
FROM: Robert A. Ginsburg SUBJECT: Agenda Item No. 6 (Q) (2) (A )
County Attorney
Please note any items checked.
"4 -Day Rule" (Applicable if raised)
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of private business sector impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
"Sunset" provision required
Legislative findings necessary
f .
34
r
Office of the Superintendent of Schools June 26, 2002
Board Meeting of July 10, 2002
Business Operations
Dr. Ralph G. Lewis, Executive Assistant
SUBJECT: AUTHORIZATION TO ACCEPT CONVEYANCE OF A 1.3 -ACRE
PARCEL OF LAND OWNED BY MIAMI -DADS COUNTY WATER AND
SEWER DEPARTMENT FOR A PARENT DROP-OFF FOR GEORGE
WASHINGTON CARVER MIDDLE SCHOOL
In order to increase accessibility to George Washington Carver Middle School (School)
and the safety of the students, District staff approached the Miami -Dade Water and
Sewer Department (WASD), as an adjacent property owner, to explore the conveyance
of approximately 1.3 acres of its land to create an alternate ingress with a parent drop-
off lane (see attached location map). Presently, the property is subject to a right of
reverter in favor of the City of Miami in the event the land is not used by WASD. Both
parties have expressed a willingness to convey the land to the School Board at no cost.
The Superintendent of Region IV and the School principal both highly recommend
acceptance of the conveyance for the following reasons:
• Safety would be greatly enhanced by having a dedicated drop-off with a stacking
capacity of 20 cars. Students would not have to cross traffic to enter the School
as they presently do when parents park on Loquat Street, approximately a block
away;
• Traffic congestion around the facility would be improved, as there would be
sufficient room for not only a dedicated drop-off but also a by-pass lane. Traffic
should therefore be easier to control and move more efficiently around the site;
• A new access point into the school facility on the south side could be provided
also improving circulation and reducing congestion within the School site itself as
well as create a more pleasing aesthetic appearance; and
• The drop-off as described above, would comply with State Requirements for
Educational Facilities and District requirements for an on-site parent drop-off.
The preliminary construction cost estimate for the project is $215,000, exclusive of
normal project costs contingency and professional fees. Capital construction funds
have been identified for this project.
Page 1 of 3 "� 3— �4. r
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RECOMMENDED: ,That the School Board of Miami -Dade County, Florida
authorize the acceptance of a conveyance of a 1.3 -acre
parcel of land owned by Miami -Dade County Water and
Sewer Department, at no cost to the School District, for a
parent drop-off for George Washington Carver Middle
School, subject to due diligence and clear title.
VGV:svl
Page 2 of 3
ala — 34
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1
LOCATION MAP
GRAND AVENUE
WASHINGTON DRIVE GW. CARV R
LEM ENTARY
SCHOOL
W
Q
a j
JEFFERSON DRIVE _
0
1 v
JEFFERSON DRIVE
i
I`
1
I
--� G.W. CARVE
GRANT DRIVE
MIDDLE
i SCHOOL
MIAMI -RADE WATER
AND SEWER DEPARTMENT
,.
LOOUAT AVE
1I:AH
152
t
W
N
0
N
W
fw
W
7
L -
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CHARLES TERRACE
LEGEND
1 ACRE PARCEL E
LANN D TO BE CONVEYED
BY MIAW-DAOE WATER
AND SEWER DEPARTMENT
Page 3 of 3 03- 34
102,907 E_2 AUTHORIZED The ac tance of a conveyance of a 1.3 -
acre parcel of land owned by Miami -Dade
County Water and Sewer Department, at no
cost to the School District, for a parent drop-
off for George Washington Carver Middle
School, subject to due diligence and clear ti -
tie.
102,908 EE=3 AUTHORIZED The renewal of the lease agreement with
Paramount Property Developers, Incorpo-
rated, for space for the South Dade Adult
Center Annex, at an annual rental amount not
to exceed $135,132.60. The term of the re-
newal option period commences October 1,
2002, and ends September 30, 2003. All
other term and conditions of the lease
agreement will remain unchanged; and au-
thorized staff to explore the purchase of al-
ternate space in the Homestead area' to
house the South Dade Adult Center Annex
and any other appropriate District functions.
102,909 EE=4 AUTHORIZED A Joint Participation Agreement with The Vil-
lage of Key Biscayne for the design, installa-
tion, permitting and conveyance to the Miami -
Dade County Water and Sewer Department
of an 8 -inch sanitary sewer fgrce main to
serve Key Biscayne Elementary School, for
an amount not to exceed $171,697.90, and
for a term not to exceed one year from the ef-
fective date of this Agreement.
******** E_5 WITHDREW
Request for authorization to execute a lease
amendment and renewal of the lease agree-
ment with Biscayne Management Corporation
for administrative office space at the 1444
Biscayne Boulevard Building.
102,910 E-24 AUTHORIZED
An adjustment to the Capital Construction
Budget, as delineated in the Official Agenda;
and authorized staff to make the changes to
the 5 -year facilities work program resulting
from these budget adjustments.
102,911 E-25 AWARDED
Project No. BB -0557 (Rebid) Design -Build,
New Addition and Remodeling, Miami Pal-
metto Senior High School, to Hewett -Kier
Construction, Inc.
102,912 E-27 AUTHORIZED
The execution of the Absolute Bill of Sale for
the water facilities at the North Dade Middle
School site, Project No. A0681, in favor of the
City of North Miami Beach.
102,913 E-28 AUTHORIZED
The execution of the Absolute Bill of Sale for
the water facilities at the Parkway Middle
School site, JOC Project No. 00-23087.01, in
favor of the City of North Miami Beach.
102,914 E-29 AUTHORIZED
I
The execution of the water line ea�ement at
the Parkway Middle School site, J C Project
No. 00-23087.01, in favor of the pity of North
Miami Beach.
X33- 24
V op
(VT1
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City
of Miami, Florida on January 9, 2003 at 9:00 AM at The Manuel
Artime Theater, 900 S.W. 15i Street, Miami, Florida, for the pur-
pose of authorizing the City Manager to execute a Consent and
Partial Waiver of Right of Reverter on a portion of the Property
located at 3575 S. LeJeune Road, Miami conveyed to Miami -
Dade Water and Sewer Authority on May 29, 1975, in order to
waive the City's right of reverter, provided that the Property is
conveyed by Miami -Dade County to the School District free of
charge and that the School District use the property exclusive-
ly for the purpose of providing a parent drop off lane for ingress
to George Washington Carver Middle School.
All interested persons are invited to appear and may be heard
concerning the above. Should any person desire to appeal any
decision of the City Commission with respect to any matter con-
sidered at this hearing that person shall ensure that a verbatim
record of the proceedings is made, including all testimony and
evidence upon which any appeal may be based.
Priscilla A. Thompson
(#10956) City Clerk
Tbr f Rf a i EImrg
00 NW 54th STREET. MIAMI. FLORIDA 33127
305-757-1147
Weekly
unty, Florida
PROOF OF PUBLICATION
red Chimere Smith who, on oath, says that she
weekly newspaper published at Miami, Dade
;ement was published in said newspaper in the
02, 2003
Affiant further state that THE MIAMI TIMES is a newspaper published in Miami, Dade
County, Florida and that the said newspaper has heretofore been continuously published in said
Dade County, Florida, each week and has been entered as second class mail matter at the U.S.
Post Office in Miami, Dade County, Florida, for a period of more than one year next preceding
date of publication of the attached copy of advertisement: further affiant says that she has
neither paid nor promised any firm, person or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement for publication in this newspa�er. j
Traffic Clerk
Sworn a d subscribed before me on this, the 2nd day of Jan. A.D. 20 03
NOT RY PUBLIC STATE OF FLORIDA
AT LARGE, My commission expires:
1F Cir
OF F � )
STATE OF FLORIDA
SS
COUNTY OF DADE
.� 00 NW 54th STREET. MLAML FLORIDA 33127
305-757-1147
Published Weekly
Miami Dade, County, Florida
PROOF OF PUBLICATION
Before the undersigned authority personally appeared Chimere Smith who, on oath, says that she
is the Ad Traffic Clerk of THE MIAMI TIMES weekly newspaper published at Miami, Dade
County, Florida; that the attached copy of advertisement was published in said newspaper in the
issues of:
January 02, 2003
Affiant further state that THE MIAMI TIMES is a newspaper published in Miami, Dade
County, Florida and that the said newspaper has heretofore been continuously published in said
Dade County, Florida, each week and has been entered as second class mail matter at the U.S.
Post Office in Miami, Dade County, Florida, for a period of more than one year next preceding
date of publication of the attached copy of advertisement: further affiant says that she has
neither paid nor promised any firm, person or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement for publication in this newspaer.
Traffic Clerk
Sworn d subscribed before me on this, the 2nd day of Jan. A.D. 20 03
NOT RY PUBLIC STATE OF FLORIDA
AT LARGE, My commission expires:
Of F. r 1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
ez
FROM: ity Manag
RECOMMENDATION:
DEC 2 4 2002
DATE: FILE:
Parent Drop Off for George
SUBJECT: Washington Carver Middle School
REFERENCEs Resolution and Consent
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute a Consent and Partial Waiver of Right of Reverter, in substantially the
form attached, on a portion of the Property conveyed to Miami -Dade Water and Sewer Authority on
May 29, 1975, as more particularly described in Exhibit "A" attached hereto and made a part hereof
(the "Property"), in order to waive the City's right of reverter, provided that the Property is conveyed
by Miami -Dade County to the School District free of charge and that the School District use the
property exclusively for the purpose of providing a parent drop off lane for ingress to George
Washington Carver Middle School.
BACKGROUND:
On May 27, 1975 the City of Miami conveyed to Miami -Dade Water and Sewer Authority property
located at 3575 S. LeJeune Road to be used in the maintenance and operation of the waterworks
system or sanitary sewer system pursuant to an Agreement between the City of Miami, Dade County
Florida and the Miami -Dade Water and Sewer Authority for Transfer of all Water and Sewer
Properties, Facilities, Funds, and Obligations. A right of reverter is triggered if the property ceases
to be needed or useful in the maintenance and operation of the waterworks system or sanitary sewer
system for which the Property was conveyed by the City. Miami -Dade Public School District is in
need of a portion of the Miami -Dade Water and Sewer Department's property located at 3575 S.
LeJeune Road Property, as more particularly described in Exhibit "A", attached hereto and made a
part hereof, for the purpose of providing a parent drop off lane for ingress to George Washington
Carver Middle School and Miami -Dade County will donate the Property to the School District for this
purpose.
On September 24, 2002, Miami -Dade County Board of County Commissioners passed and adopted
Resolution No. R-1054-02 authorizing the conveyance of the Property to be used for the purpose of
creating better accessibility to George Washington Carver Middle School. The administration
recommends that the City waive the right of reverter, provided that the Property is conveyed by
Miami -Dade County to the School District free of charge and that the School District use the
Property exclusively for the purpose of providing a parent drop off lane for ingress to George
Washington Carver Middle School.
FINANCIAL IMPACT:
There is no financial impact.
V/ "a
CAG:DB:LB:mv:M Carver.doc
03- 034
Priscilla A. Thompson
TO City Clerk
04 VA
Laura Billberry, Director
_
FROM: Office of Asset Management
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
December 26, 2002
DATE: FILE
Parent Drop Off for George
SUBJECT: Washington Carver Middle
School
REFERENCES:
ENCLOSURES:
Enclosed you will find an ad for notice of a public hearing to be held by the City
Commission on January 9, 2003 for the purpose of authorizing the City Manager to
execute a Consent and Partial Waiver of Right of Reverter on a portion of the Property
located at 3575 S. LeJeune Road, Miami conveyed to Miami -Dade Water and Sewer
Authority on May 29, 1975, in order to waive the City's right of reverter, provided that
the Property is conveyed by Miami -Dade County to the School District free of charge and
that the School District use the property exclusively for the purpose of providing a parent
drop off lane for ingress to George Washington Carver Middle School.
Please place the ad in accordance with public hearing requirements of the City
Commission.
Thank you for your assistance in this matter.
Alonso, Agenda Coordinator
Enclosure
LB/mv/City Clerk CarverPublic Notice.doc
-- = 03- 034
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
January 9, 2003 at 9:00 AM at The Manuel Artime Theater, 900 S.W. 1s` Street, Miami,
Florida, for the purpose of authorizing the City Manager to execute a Consent and Partial
Waiver of Right of Reverter on a portion of the Property located at 3575 S. LeJeune
Road, Miami conveyed to Miami. -Dade Water and Sewer Authority on May 29, 1975, in
order to waive the City's right of reverter, provided that the Property is conveyed by
Miami -Dade County to the School District free of charge and that the School District use
the property exclusively for the purpose of providing a parent drop off lane for ingress to
George Washington Carver Middle School.
All interested persons are invited to appear and may be heard concerning the above.
Should any person desire to appeal any decision of the City Commission with respect to
any matter considered at this hearing, that person shall ensure that a verbatim record of
the proceedings is made, including all testimony and evidence upon which any appeal
may be based.
(City Seal)
Ulm
Priscilla A. Thompson
City Clerk
ti
04 n 4
Approved Mayor
:Teta
Override
RESOLUTION NO. R-1054-02
Agenda Item No. 6(Q)(1)+
9-24-02
OFFICIAL FILE COPY
CLERK OF THE BCARL
OF COUNTY COMMSSIONEK
RADE COUNTY, FLORID-$
RESOLUTION AUTHORIZING THE CONVEYANCE
OF A PORTION OF THE MIAMI-DADE WATER AND
SEWER DEPARTMENT'S PROPERTY LOCATED AT
3575 S. LEJEUNE ROAD TO THE MIAMI -DARE
COUNTY SCHOOL BOARD
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI -DARE COUNTY, FLORIDA, that this Board hereby
authorizes the conveyance of a portion of the Miami -Dade Water and Sewer
Department's property located at 3575 S. LeJeune Road by County Deed to the Miami -
Dade County School Board to be used for the purpose of creating better accessibility to
George Washington Carver Middle School, said conveyance made contingent on the
execution by the City of Miami of the Consent and Partial Waiver of Right of Reverter
for the subject property; in substantially the form attached hereto and made a part hereof;
and authorizes the Mayor to execute same for and on behalf of Miami -Dade County and
to cause said instrument to be recorded in the Public Records of Miami -Dade County and
to be delivered to the Miami -Dade County School Board and the City of Miami.
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1--4e No . 2
The foregoing resolution was sponsored by Commissioner Jimmy L. Morales and
offered by Commissioner Domn D. Rolle , who moved its adoption. The motion
was seconded by Commissioner Gwen Margolis and upon being put to a vote,
the vote was as follows:
Bruno A. Barreiro
absent
Jose "Pepe" Cancio, Sr.
aye
Dr. Barbara Carey -Shuler
absent
Betty T. Ferguson
absent
Gwen -Margolis
aye — — --
"Joe A. Martinez
aye
Jimmy L. Morales
ay1e
Dennis C: Moss
"aye
Dorrin D. Rolle
aye
Natacha Seijas
absent
Katy Sorenson
aye
Rebeca Sosa
absent
Senator Javier D. Souto
absent
The Chairperson thereupon declared the resolution duly passed and adopted this
24`h day of September, 2002. This resolution shall become effective ten (10) days after
the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective
only upon an override by this Board.
U_04
MIANII-DADS COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMNIISSIONERS0f
* e
a•'°••°. •may'• • HARVEY RUVIN, CLERK
Approved by County AttorneyY as : f
to form and legal sufficiency.: 1~` By:
Deputy Clerk
David Murray
34
v
This Instrument Prepared By.
Dave Murray
Asst. County Attorney
3071 SW 38`" Avenue
Miami, FL 33146
Phone: 786-552-8117
THIS DEED,
Dade County, Florida
of the second part, .
COUNTY DEED
made this ` day of 2002, by Miami -
party of the first part, and the School Board of Miami -Dade County, party
WITNESSETH that the said party of the first part, for and in consideration of the sum of
$10.00, to it in hand paid by the party of the second part, receipt whereof is hereby
acknowledged, and for the purposes herein stated, has granted, bargained and sold to the party
of the second part, his or her heirs and assigns forever, the following described land lying and.
being in Miami -Dade County, Florida (the "Property"):
See Exhibit A attached hereto
Party of the second part herebv agrees to use the Property exclusively to orovide a
parent "drop-off' lane for ingress to G. W. Carver Middle School and for no other purpose Party
of the second part hereby acknowledges that any other use of the Property will causeits title to
revert to the City of Miami, as more particularly described in the Consent and Partial Waiver of
Right of Reverter set forth below.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of
said board, the day and year aforesaid.
ATTEST:
Harvey Ruvin, Clerk
By:
Deputy Clerk
y
STATE OF FLORIDA)
) SS
COUNTY OF°DADE )
MIAMI-DADE COUNTY, FLORIDA
By its Board of County Commissioners
By:
Mayor
1
(OFFICIAL SEAL)
The foregoing instrument was acknowledged before me this day of
, 2002 by as of
03- 034.
S
i
This Instrument Prepared By:
Dave Murray
Asst County Attomey
3071 SW 38�' Avenue
Miami, FL 33146
Phone: 786-552-8117
Miami -Dade County, who is personally known to me or who
has produced as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No
of the County of Miami -Dads Florida passed and adopted on
2002. — — t — — — — —
CONSENT AND PARTIAL WAIVER OF RiGHT OF REVERTER
Whereas the Property is subject to a right of reverter in favor of the Cfir of Miami
Records of Dade County Florida and as further provided in that certain Agreement between
the City of Miami and Dade County Florida and the Miami -Dade Water and Sewer Authority for
Transfer of all Water and Sewer Properties Facilities Funds and Obligations to The Miami -
Dade Water and Sewer Authority dated March 13 1975• and
Whereas the right of reverter is triggered if the Property ceases to be needed or useful
in the maintenance and operation of the waterworks system or sanitary sewer system for which
the Property was conveyed by the City of Miami to Miami -Dade County and
Whereas, Miami -Dade Public School District (the "School District") is in need of the
Property for the purpose of providing a parent drop off lane for ingress to G W Carver Middle
School and Miami -Dade County is willing to donate the Property to the School District for this
purpose.
Whereas the City of Miami is willing to waive the right of reverter provided that the
Property is conveyed by Miami Dade County to the School District free of charge and that the
School District use the Property exclusively for the purposes herein stated.
NOW, THEREFORE, in consideration of the foregoing. and for $10.00 and other 000d
and valuable consideration the receipt of which is hereby acknowledged the City hereby
consents to Lhe foregoing conveyance of the Property to the School District provided however,
that if the Property ceases to be used by the School District to provide a -pa rent drop-off lane for
ingress to G.W. Carver Middle_ School, the Property shall automaticaliv revert to the City. its
successors and assigns.
is
�7 0 3 Vs
a.
This Instrument Prepared By:
Dave Murray
Asst. County Attorney
3071 SW 38th Avenue
Miami, FL 33146
Phone: 786-552-6117
ATTEST: City of Miami
By: By
Priscilla A. Thompson, City Clerk Carlos Gimenez City. Manager
APPROVED AS TO FORM AND CORRECTNESS
Aleiandro Vilarello, City Attomey
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
2002 by Carlos A Gimenez as City Manager of The city of Miami a
municipal corporation of the State of Florida who is personally known to me or who has
produced as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No 02- of the
City Commission of the City of Miami Dade County. Florida passed and adopted on
, 2002.
ACKNOWLEDGEMENT OF RESTRICTIONS
The School Board of Miami -Dade County, hereby acknowledges the foregoing restrictions
and right of reverter encumbering the Property.
The School Board of Miami -Dade County
By:
17 03- 034
This Instrument Prepared By:
Dave Murray
Asst. County Attorney
3071 SW 3e Avenue
Miami, FL 33146
Phone: 786-552-8117
STATE OF FLORIDA)
SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
2002 by as
of the School board of Miami -Dade County, a
who is personally known to me or who has produced as
identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
The foregoing conveyance was approved pursuant to Resolution No.
of the Schooi - Board of Miami -Dade County, passed and adopted on
. 2002.
f
0
a.
03- 034
MEMORANDUM
TO: Han. Chairperson and Members
Board of County Commissioners
FROM: Robert A. Ginsburg
County Attorney
I
,x
Ageinda :Item No. 6 (Q) (2)
DATE: September 24, 2002
SUBJECT: Resolution authorizing the
conveyance of a portion of
the Water and Sewer
Department's property to the -
Miami -Dade County School
Board
The accompanying resolution was prepared and placed on the agenda at the request
of Commissioner Jimmy L. Morales.
`f
Robert A. Ginsburg
County Attorney
RAG/jls
03- 034
o
MEMORANDUM
TO: Honorable Chairperson and Members DATE: September 24, 2002
Board of County Commissioners
FROM: Robert A. Ginsburg SUBJECT: Agenda Item No. 6 (Q) (2) (A )
County Attorney
Please note any items checked.
"4 -Day Rule" (Applicable if raised)
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of private business sector impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
"Sunset" provision required
Legislative findings necessary
A
03- 034
Office of the Superintendent of Schools June 26, 2002
Board Meeting of July 10, 2002
Business Operations
Dr. Ralph G. Lewis, Executive Assistant
SUBJECT: AUTHORIZATION TO ACCEPT CONVEYANCE OF A 1.3 -ACRE
PARCEL OF LAND OWNED BY MIAMI-DADE COUNTY WATER AND
SEWER DEPARTMENT FOR A PARENT DROP-OFF FOR GEORGE
WASHINGTON CARVER MIDDLE SCHOOL
In order to increase accessibility to George Washington Carver Middle School (School)
and the safety of the students, District staff approached the Miami -Dade Water and
Sewer Department (WASD), as an adjacent property owner, to explore the conveyance
of approximately 1.3 acres of its land to create an alternate ingress with a parent drop-
off lane (see attached location map). Presently, the property is subject to a right of
reverter in favor of the City of Miami in the event the land is not used by WASD. Both
parties have expressed a willingness to convey the land to the School Board at no cost.
The Superintendent of Region IV and the School principal both highly recommend
acceptance of the conveyance for the following reasons:
• Safety would be greatly enhanced by having a dedicated drop-off with a stacking
capacity of 20 cars. Students would not have to cross traffic to enter the School
as they presently do when parents park on Loquat Street, approximately a block
away;
• Traffic congestion around the facility would be improved, as there would be
sufficient room for not only a dedicated drop-off but also a by-pass lane. Traffic
should therefore be easier to control and move more efficiently around the site;
• A new access point into the school facility on the south side could be provided
also improving circulation and reducing congestion within the School site itself as
well as create a more pleasing aesthetic appearance; and
• The drop-off as described above, would comply with State Requirements for
Educational Facilities and District requirements for.an on-site parent drop-off.
The preliminary construction cost estimate for the project is $215,000, exclusive of
normal project costs contingency and professional fees. Capital construction funds
have been identified for this project.
Page 1 of 3 � _
03- 034
RECOMMENDED: That the School Board of Miami -Dade County, Florida
authorize the acceptance of a conveyance of a 1.3 -acre
parcel of land owned by Miami -Dade County Water and
Sewer Department, at no cost to the School District, for a
parent drop-off for George Washington Carver Middle
School, subject to due diligence and clear title.
VGV:svl
Page 2 of 3
03- 0
F
LOCATION MAP
J �
GRAND AVENUE
I
i
l ( `
WASHINGTON DRIVE G W CARV - R
I
.1
LEM ENTARY !
SCHOOL I
JEFFERSON DRIVE O=
0
-Q�
Z i w
NJ _ W
JEFFERSON DRIVE
� I
� r -J
j
----J G . W. CARVER
GRANT DRIVE
MIDDLE
,I SCHOOL CHARLES TERRACE
MIAMI-DADE WATER LEGEND
AND SEWER DEPARTMENT
N ACRE PARCEL. OF
1.4Np TO BE CONVEYED
13Y KAMI-DADE WATER
AND SEWER DEPARTMENT
UAT
J:AH
452
Page 3 of 3
03- 034
102,907 EE_2 AUTHORIZED The am ince of a conveyance of a 1.3 -
acre parcel of land owned by Miami -Dade
County Water and Sewer Department, at no
cost to the School District, for a parent drop-
off for George Washington Carver Middle
School, subject to due diligence and clear ti-
tle.
102,908 EE=3 AUTHORIZED The renewal of the lease agreement with
Paramount Property Developers, Incorpo-
rated, for space for the South Dade Adult
Center Annex, at an annual rental amount not
to exceed $135,132.60. The term of the re-
newal option period commences October 1,
2002, and ends September 30, 2003. All
other term and conditions of the lease
agreement will remain unchanged; and au-
thorized staff to explore the purchase of al-
ternate space in the Homestead area to
house the South Dade Adult Center Annex
and any other appropriate District functions.
102,909 EE=4 AUTHORIZED A Joint Participation Agreement with The Vil-
lage of Key Biscayne for the design, installa-
tion, permitting and conveyance to the Miami -
Dade County Water and Sewer Department
of an 8 -inch sanitary sewer force main to
serve Key Biscayne Elementary School, for
an amount not to exceed $171,697.90, and
for a term not to exceed one year from the ef-
fective date of this Agreement.
******** EE=5 WITHDREW Request for authorization to execute a lease
amendment and renewal of the lease agree-
ment with Biscayne Management Corporation
for administrative office space at the 1444
Biscayne Boulevard Building.
102,910 E-24 AUTHORIZED An adjustment to the Capital Construction
Budget, as delineated in the Official Agenda;
and authorized staff to make the changes to
the 5 -year facilities work program resulting
from these budget adjustments.
102,911 E-25 AWARDED Project No. BB -0557 (Rebid) Design -Build,
New Addition and Remodeling, Miami Pal-
metto Senior High School, to Hewett -Kier
Construction, Inc.
102,912 E-27 AUTHORIZED The execution of the Absolute Bill of Sale for
the water facilities at the North Dade Middle
School site, Project No. A0681, in favor of the
City of North Miami Beach.
102,913 E-28 AUTHORIZED The execution of the Absolute Bill of Sale for
the water facilities at the Parkway Middle
School site, JOC Project No. 00-23087.01, in
favor of the City of North Miami Beach.
1
102,914 E-29 AUTHORIZED The execution of the water line easement at
the Parkway Middle School site, JCC Project
No. 00-23087.01, in favor of the Vty of North
Miami Beach.
03- 034