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HomeMy WebLinkAboutR-98-0611J-98-606 6/08/98 RESOLUTION NO. 9 8_ 6 11 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONVEY TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY THE REAL PROPERTY LEGALLY DESCRIBED AS LOTS 1 THRU 11, 14 THRU 19, 22 THRU 24, 26 THRU 27, 30 THRU 35, 38 THRU 43, AND 46 THRU 48, LESS THAT PORTION OF LOTS 1,8,9,16,17,24,32,40,41 AND 48 FOR RAPID TRANSIT R/W, ALL OF BLOCK 36 OF "P.W. WHITES RE -SUB.", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "B", AT PAGE 34, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE SPECIAL WARRANTY DEED, ATTACHED HERETO, AND ALL OTHER DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID CONVEYANCE. WHEREAS, pursuant to Ordinance No. 11248, passed and adopted by the City Commission on April 4, 1995, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") was established for the purpose of implementing the Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, pursuant to Resolution No. 95-268, passed and adopted by the City Commission on April 27, 1995, the City Manager was authorized to transfer all of the City -owned property located in the Southeast Overtown/Park West Redevelopment ATTACHMENT (S) CONTAINED CITY 01�B$ m - MEETING OF, JUN O 9 District to the CRA; and WHEREAS, certain real property commonly referred to as Block 36 located at approximately N.W. 8th and 9th Streets, adjacent to the Metrorail right-of-way and N.W. 2nd Avenue, as more particularly described hereinbelow ("Block 36"), was not included in Resolution No. 95-268 since the City was in the process of finalizing the conveyance of such property from Miami - Dade County ("County"); and WHEREAS, pursuant to a duly executed County Deed dated June 24, 1996 and recorded in Official Records Book 17631 at Page 3499, the conveyance of Block 36 from the County to the City was effectuated; and WHEREAS, upon said conveyance of Block 36, it was the intention of the City to convey Block 36 to the CRA for the purpose of supporting the CRA's redevelopment efforts; and WHEREAS, the CRA's immediate development program includes the redevelopment of Block 36; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized and directed to convey to the Southeast Overtown/Park West Community Redevelopment Agency the real property commonly referred to as - 2 - 9 8 -- 611 Block 36 and legally described as follows: Lots 1 thru 3, 6 thru 11, 14 thru 19, 22 thru 24, 26, thru 27, 30 thru 35, 38 thru 43, and 46 thru 48, Less that portion of Lots 1,8,9,16,17,24,32,33,40,41 and 48 for RAPID TRANSIT R/W, All of Block 36, of "P.W. WHITES RE -SUB.', according to the Plat thereof as recorded in Plat Book "B" , at Page 34, of the Public Records of Dade County, Florida. Section 3. The City Manager is hereby further authorized and directed to execute the Special Warranty Deed, attached hereto, and all other documents that are necessary to effectuate said conveyance. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June , 1998. JOE CAROLLO, MAYOR tho Mayor did not indicate approval of i Code Sec. . inr..e „� 4 , ;�r6 n^; In accordance with Miami � � �, i,�a� .:;;_, leg. � t,.�� - signing it in the desictnat�d P11 c' t this legislation by 9 9 r , �; data ct Corrmrrisc cn a-L. becomes effective with the elapse of ten (10) days �"�' ' Cegardin same without the Mnyor xercisiryg''�jc ATTEST: WALTER J. FOEMAN CITY CLERK " 4 Q d.a :l. Ll""D-7U / e •an, City Clerk 9 611 - 3 - THIS INSTRUMENT PREPARED BY LINDA KELLY KEARSON, ASSISTANT CITY ATTORNEY CITY OF MIAMI CITY ATTORNEYS OFFICE MIAMI RIVERSIDE CENTER SUITE 945 444 S.W. 2ND AVENUE MIAMI, FLORIDA 33130-1910 Tax Folio # (See Exhibit "A") Space Above This Line For Recording Data SPECIAL WARRANTY DEED This Indenture, made this day of , 1998, between CITY OF MIAMI, a municipal corporation of the State of Florida, whose mailing address is P.O. Box 330708, Miami, Florida 33233-0708 (the "Grantor"), and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, with offices at 300 Biscayne Boulevard Way, Suite 430, Miami, Florida 33131 (the "Grantee"). Witnesseth, that the Grantor, for and in consideration of the sum of Ten & No/100 Dollars ($10.00), and other valuable consideration, receipt of which is hereby acknowledged, has granted, bargained, and sold to the Grantee and Grantees successors and assigns forever, the following described land, situate in Miami -Dade County, Florida, to wit: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). Subject to: 1. Conditions restrictions, and easements, covenants, reservations and limitations of record, if any, though this reference is not intended to reimpose same; provided that this conveyance shall not cause any violation of any of the foregoing, and, as of the date hereof, there exist no violations of the foregoing; and none of the foregoing prevents or restricts the use of the subject Property in accordance with the applicable zoning designations thereof. 2. Applicable zoning ordinances, codes, rules and regulations; provided that, as of the date hereof, there exist no violations of the foregoing. 3. The Property being taken by the Grantee "as is"; provided, however, that Grantor hereby represents that to the best of its knowledge and belief the Property is in compliance with all applicable federal, state and local laws, rules and regulations applicable to the Property, and that Grantor shall be responsible for all costs, damages and liabilities in connection with any violation of any such federal, state or local laws, rules or regulations existing as of the date hereof. Notwithstanding the foregoing, Grantee shall be responsible for the remediation of any environmental contamination on the Property. 4. In the event that Grantee shall cease to exist as a legal entity, that portion of the Property then owned by Grantee, at the time that Grantee shall so cease to exist, shall thereupon revert to Grantor and Grantor shall have the right to reenter on and upon such portion of the Property which shall then be vested in Grantee and terminate Grantee's estate therein and recover 98- 611 title to and possession of such portion of the Property and all improvements and fixtures located thereon; provided, however, that the foregoing shall not be deemed to in any manner whatsoever prevent, restrict or limit the right of Grantee to freely convey, mortgage, hypothecate or otherwise alienate any of its interest in the Property, free of any such right of reversion, while Grantee shall continue to exist as a legal entity. TOGETHER, with all tenements, hereditaments and appurtenances belonging or appertaining to the Property. TO HAVE AND TO HOLD the Property in fee simple forever. The Grantor covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple and that the Grantor has good, right and lawful authority to sell and convey the Property. The Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of persons claiming by, through or under Grantor, but none other. The Grantor, however, disclaims any warranty or representation as to the physical condition of the Property. The Grantor hereby further warrants that it is empowered to convey the Property to Grantee and that it has received all of the proper resolutions and approvals required by all state and local laws and ordinances to complete said conveyance. A copy of Resolution No. , passed and adopted by the City Commission on 1998, authorizing said conveyance, is attached hereto as Exhibit `B". In Witness Whereof, the Grantor has caused this Special Warranty Deed to be executed and delivered by its City Manager and attested to by the City Clerk on , 1998. Signed, Sealed and Delivered CITY OF MIAMI, a municipal in our presence: corporation of the State of Florida Witness Witness APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, City Attorney 2 LKK 13LOCK36deed.doc By: Donald H. Warshaw, City Manager ATTEST: Walter J. Foeman, City Clerk 9 8 -- 6.11. ACKNOWLEDGMENT STATE OF FLORIDA SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of MIAMI, a municipal produced _, 1998 by as City Manager of CITY OF corporation of the State of Florida, who is personally known to me or who has as identification and who did/did not take an oath. My Commission Expires: LKRBLOCK36deed.doc Printed Name: Notary Public Record and Return to: Hilda Tejera, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 300 Biscayne Boulevard Way, Suite 430 Miami, Florida 33131 98- 611 Exhibit "A" Legal Description Lots 1 thru 3, 6 thru 11, 14 thru 19, 22 thru 24, 26 thru 27, 30 thru 35, 38 thru 43, and 46 thru 48, Less that portion of Lots 1, 8, 9, 16, 17, 24, 32, 33, 40, 41 and 48 for RAPID TRANSIT R/W, All of Block 36, of "P.W. WHITES RE -SUB.", according to the Plat. thereof as recorded in Plat Book "B", at Page 34, of the Public Records of Dade County, Florida. 98- 611 Folio Numbers Lots 01-0103-060-1010 1 and 8 01-0103-060-1020 2 and 7 01-0103-060-1030 3 01-0103-060-1060 6, 11 and 14 01-0103-060-1070 9 01-0103-060-1080 10 and 15 01-0103-060-1090 16 01-0103-060-1100 17 01-0103-060-1110 18 01-0103-060-1120 19 and 22 01-0103-060-1140 23 01-0103-060-1150 24 01-0103-060-1170 26, 31 and 34 01-0103-060-1180 27, 30 and 35 01-0103-060-1200 32 and 33 01-0103-060-1230 38, 43 and 46 01-0103-060-1231 39, 42 and 47 01-0103-060-1240 40, 41 and 48 The Honorable Mayor and the June 9, 1998 Members of the Commission POCKET ITEM Arthur E. Teele, Jr.qk1o6ow Commissioner Please be advised that I will discuss and propose action on the attached resolution, with attachment, authorizing and directing the City Manager to convey the Southeast Overtown/Park West Communitiy Redevelopment Agency, certain real property. Further authorizing and directing the City Manager to execute the Special Warranty Deed and all other documents which are necessary to effectuate said conveyance.