HomeMy WebLinkAboutR-00-0923J-00-805
10/25/00
RESOLUTION N0. A' 3
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ACCEPT A BUTLER ACT DISCLAIMER
FROM THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION, WHICH PROVIDES FOR
THE STATE OF FLORIDA TO DISCLAIM ANY INTEREST
THAT IT MAY HAVE IN THAT PROPERTY LOCATED AT
APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE,
MIAMI, FLORIDA, CONTAINING APPROXIMATELY 1.53
ACRES OF FILLED, FORMERLY SUBMERGED LANDS, AS
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
ATTACHED AND INCORPORATED; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AND ALL .DOCUMENTS NECESSARY TO ACCEPT THIS
DISCLAIMER, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
WHEREAS, on September 23, 1946, the City of Miami (the
"City") acquired the property located at approximately 2640 South'
Bayshore Drive, Miami, Florida (the _"Property"), from Bessemer
Properties, Inc. at which time 1.53 acres of submerged lands had
been filled; and
WHEREAS, since 1949, the City has been operating a boatyard
and marina facilities open to the public at the Property,
inclusive of the filled lands; and
WHEREAS, pursuant to Section 253.129, Florida Statutes, the
City made application to the State of Florida for a Butler
T A C noE ni
MOUND.
COMMSICE
MNG or
OCT 2 5 2000
xesalufl= M
—� 24.,l 3
Act Disclaimer to confirm its title to said,filled lands;
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 hereby authorized!' to
accept a Butler Act Disclaimer from the State of Florida,
Department of Environmental Protection, which provides for the
State of Florida to disclaim any interest that it may have in
that property located at approximately 2640 South Bayshore Drive,
Miami, Florida, containing approximately 1.53 acres of filled,
formerly submerged lands, as more particularly described in
"Exhibit A," attached and incorporated.
Section 3. The City Manager is authorized/ to execute
any and all documents necessary to accept this Disclaimer, in a
form acceptable to the City Attorney.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor. 3/
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.
z� Ibid.
3i 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 21,of 3
Us U" 4J
1]
PASSED AND ADOPTED this 25th
ATTEST:
0
day of October , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate iapprvnd of
this legislation by signing it in the designated, plat o proviidad, said iegg Ialirxl
becomes effective with the elapse of,�en (1() days
' 1—N to.
ou ercisinq;rn ti t;G _� os
regarding same, with- t the Mayorfex
WALTER J. FOEMAN
CITY CLERK '?
0'
APPROVE-0AS0 FORM AND CORRECTNESS:
to
11F,
'-dirl",
96: LB: BSS
Page 3 of 3
i !j,Fbeman, City Clerk
EXHIBIT A
PARCEL 3 (UPLAND) -DISCLAIMER AREA
A portion of fractional Section 22, Township 54 South Range
41 East,' Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest ;.4 of said
Section' 22; thence along the southerly extension of the west
line of said Northwest k , South 020-24'44" East for 66.00
feet to its intersection with the meander line shown in Plat
Book 34 Page 2 of the Public Records of Dade County,
Florida, said line being also the northwest line of the
parcel conveyed by The Trustees of the Internal Improvement
Trust Fund on 1929 and recorded in Deed Book 1186 at Page
533 of the Public Records of Dade County, Florida; thence
along said meander line North 60°35116" East for 1421.12
feet (1421.10 deed) to its intersection with the original
high water mark of Biscayne Bay as shown on said Plat and
the Point of Beginning; thence North 13004156" East for
304.43 feet to its intersection with the north line of a
parcel described as Parcel A Upland in Specific Purpose
Survey at Dinner Key Marina last revised on June 3rd, 1996,
Prepared by Biscayne Engineering Company Order 0172839
Miscellaneous City of Miami File 61-329A; thence along said
north line South 76046156" East for 0.54 feet to its
intersection with the mean high water line of Biscayne Bay
as measured along the outside face of the metal sheet piling
under the existing sea-wall; thence along said. mean high
water line South 18044139" East for 552.52 feet to its
intersection with the south line of said specific purpose
survey by Biscayne Engineering; thence along said south line
North 76°03106" West for 243.00 feet; thence along said
south line North 31°04'07" West for 70.18 feet; thence along
said south line North 76°46156" West for 0.06 feet to its
intersection with the south line of said deed recorded in
Deed Book 1186 at Page 533; thence North 13004'56" East for
110.99 feet to the Point of Beginning.
Containing.66,788.3 square feet or 1.53 Acres more or less.
•
CITY OF MIAMI, FLORIDA
CA- 19
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
City Manage.
RECOMMENDATION:
DATE: SEP 12 2000 FILE:
SUBJECT: Authorizing Acceptance of
Butler Act Disclaimer
REFERENCES:
ENCLOSURES:
The administration recommends that the City Commission adopt the attached resolution
authorizing the City Manager to accept a Butler Act disclaimer from the State of Florida,
Department of Environmental Protection, which disclaims any interest by the State of Florida to
approximately 1.53 acres of property located at approximately 2640 South_ Bayshore Drive,
Miami, Florida. This Resolution further authorizes the City Manager to take any and all steps
necessary, and execute necessary documents, to accept this disclaimer.
BACKGROUND:
The City of Miami acquired the property located at approximately 2640 South Bayshore Drive,
Miami, Florida (the "Property") from Bessemer Properties, Inc. on September 23, 1946. At the
time the Property was acquired from Bessemer Properties, approximately 1.53 acres of
submerged lands had been filled. The City has been operating a boatyard and marina facilities
open to the public at the Property, inclusive of the filled lands, since 1949.
In accordance with Section 253.129 Florida Statutes, the City has made application to the State
of Florida for a Butler Act disclaimer to those filled lands in order to confirm its title to the filled
lands.
CAG:GI:mDisclaimer CC
00- 923