HomeMy WebLinkAboutR-00-1085•
J-00-1044
12/6/00
RESOLUTION NO.
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A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO ACCEPT THE BUTLER ACT DISCLAIMER
FROM THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA (THE "TRUST") ATTACHED HERETO AND
MADE A PART HEREOF, DISCLAIMING ANY INTEREST
THE TRUST MAY HAVE IN THE PROPERTY LOCATED AT
APPROXIMATELY 2700 SOUTH BAYSHORE DRIVE,
MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY
8.28 ACRES OF FORMERLY SUBMERGED LANDS;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
WHEREAS, the City of Miami ("City") acquired the property
located at approximately 2700 South Bayshore Drive, Miami,
Florida (the "Property"), from Bessemer Properties, Inc. on
September 23, 1946, which, at the time, approximately 8.28.acres
of submerged lands had been filled; and
WHEREAS, pursuant to Section 253.129, Florida Statutes, the
City made application to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida (the "Trust") for
a Butler Act Disclaimer to confirm its title to the filled lands;
and
7H,IM
CON I
CITY COMMISSION
MEETING OF
DEC 1 ij' 2000
Sesotution'No.
v (R
•
•
WHEREAS, the Trust has granted the Disclaimer to the City of
Miami for said filled land;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to
accept the Butler Act Disclaimer from the Board of Trustees of
the Internal Improvement Trust of the State of Florida, attached
hereto and made a part hereof, disclaiming any interest the Trust
. ` 1 t- ,,
may have in the property located at approximately 2700 South
Bayshore Drive, Miami, Florida, consisting of approximately 8.28
acres of formerly submerged lands.
Section 3. The City Manager is hereby authorizedll to
execute the necessary documents, in a form acceptable to the City
Attorney, for said purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
1i
2/
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. ,
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 2 of 3 U m
PASSED AND ADOPTED this 14th day of December
ATTEST:
2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated �!an I provided, said -,cw
becomes effective with the elapso of ten (10) —kh' date of Q 'Imis n
regarding same, without the Mayor a�@rciq;ng 1-4//10
WALTER J. FOEMAN
CITY CLERK
APPROVED,.�F
4870:LB:BSS
CTNESS 6
Walter
rk
Page 3 of 3
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
DISCLAIMER
No. 30476(4917-13)
THIS DISCLAIMER made by and between the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA as Grantor, and City of Miami, as Grantee;
WITNESSETH, that the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida pursuant to the
provisions of Section 253.129, Florida Statutes, subject to any
inalienable trust under which the State holds such lands, has
released, relinquished, surrendered and disclaimed, and by these
presents does hereby release, relinquish, surrender, and disclaim
to said Grantee, whose address is 444 Southwest 2nd Avenue, Miami
Florida 33130, its successors and assigns, any and all right,
title or interest, in and to the following described parcel of
land located in Dade County, Florida, to -wit:
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 'h of said
Section 22; thence South 02024'44" East for 136.00 feet to the
southwesterly corner of a parcel conveyed by The Trustees of the
Internal Improvement Trust Fund in 1929 and recorded in Deed Book
1186 at Page 533 of the Public Records of Dade County, Florida;
thence along the south line of said deed South 78022,44" East for
49.22 feet to its intersection with the easterly right of way
line of SW 27th Avenue (formerly known as Grapeland Boulevard) as
recorded in Deed Book 1459 at Page 42 of the Public Records of
Dade County, Florida and also the Point of Beginning of the
Parcel to be herein described; thence continue along the south
line of said Deed Book 1186 for the following ten courses
continue South 78022'44" East for 53.88 feet; thence North
87035'16" East for 200.00 feet; thence North 76016,16" East for
102.00 feet; thence North 87035,16" East for 100.00 feet; thence
South 78022,44" East for 515.40 feet; thence South 50026'44" East
for 134.50 feet; thence South 75042144" East for 104.40 feet;
thence North 42035,16" East for 141.40 feet; thence North
13032,14" West for 217.40 feet; thence North 18042'44" West for
32.23 feet to its intersection with the mean high water line of
U-� 845
Biscayne Bay; thence along said mean high water line for the
following seven courses South 46050*21" East for 259.25 feet to
its intersection with a circular curve concave to the northwest a
radial line from said point bears South 73015,56" East; thence
along said circular curve having a radius of 443.40 feet, a
central angle of 26009'18" for an arc distance of 202.41 feet to
a point on a non tangential curve concave to the northwest a
radial line from said point bears South 47035140" East; thence
along said circular curve having a radius of 434.64 feet, a
central angle of 27028'06" for an arc distance of 208.38 feet to
a point, said point bears South 20007,34" East; thence South
73057'17" West for 2.62 feet; thence North 46046,24" West for
227.99 feet; thence South 89028104" West for 1.39 feet; thence
South 42059,39" West for 382.08 feet; thence along the United
States Pierhead and Bulkhead line recorded in Miami -Dade County
Public Records Plat Book 74 at Page 3 said line being also the
northwesterly line of T.I.I.F. Deed recorded in Deed Book 3130 at
page 260, North 77001,17" West for 611.91 feet to its
intersection with the mean high water line; thence along said
mean high water line for the following five courses North
46047,20, West for 12.47 feet; thence North 43012'29' East for
0.40 feet; thence North 47009147" West for 2.19 feet; thence
North 15058,47, West for 96.98 feet; thence North 15051'00" West
for 58.66 feet; thence North 74042119, East for 3.46 feet; thence
North 15017'41" West for 140.50 to the Point of Beginning.
Containing 360,805.0 square feet or 8.28 Acres more or less.
Page 2 of 3
Trustees' Disclaimer No. 30476(4917-13)
00-1-85
IN TESTIMONY WHEREOF, the members of the Board of Trustees of the
Internal Improvement Trust Fund of the State of
Florida have hereunto subscribed their names and have caused the
official seal of said Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida to be hereunto
affixed in the City of Tallahassee, Florida, on this the ! 7 6 k day
of A.D.. 2000.
=: 0VI
tip,► t i �
ees of the
ement
s�iiri�l:,c4E !khe State
�0r1C1$'r'.'i,n w
Approved As To Form & Legality
DE1y Att rney
This Instrument Prepared by
Raymond W. Greer
Department of Environmental
Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
(Ilkiz-a�
J Bush
vernor
AAOW"C' 09�6
Katherine Harris
Secretes of
a_ 15
Bob Butterworth
_At--tQrnev General
F. Mill
,ller
BM Nerson
Tmrer
&'�" /'
Bob Crawford
commissioner
\of Wricu ure
Tom Gallag r
CommissionkV of 1dcation
As and Constituting the Board
of Trustees of the Internal
Improvement Trust Fund of the
State of Florida
Page 3 of 3
Trustees, Disclaimer No. 30476(4917-13)
SPECIFIC PURPOSE SURVEY
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 23
TO: The Honorable Mayor and Members
of the City Commission.
FROM
RECOMMENDATION:
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
NOV 2 9 2000
Authorizing Acceptance of
Butler Act Disclaimer
FILE:
The administration recommends that the City Commission adopt the attached resolution
authorizing the City Manager to accept the attached Butler Act disclaimer from the State of
Florida, Department of Environmental Protection, which disclaims any interest by the State of
Florida to approximately 8.28 acres of property located at approximately 2700 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 2700 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 8.28 acres of
submerged lands had been filled.
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
land
MDE-4milDisclaimer
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