HomeMy WebLinkAboutR-97-0286J-97-227
I
4/3/97
RESOLUTION NO. 9 7- 286
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CONVEYANCE OF APPROXIMATELY 270 SQUARE
FEET OF LAND, LEGALLY DESCRIBED AS THE NORTH
3 FEET OF LOT 7 AND THE NORTH 3 FEET OF THE
EAST 40 FEET OF LOT 6, BLOCK 20, OF THE CITY
OF MIAMI NORTH, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41,
OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, FROM THE CITY OF MIAMI TO THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A WARRANTY DEED, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY
OTHER NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
SAID CONVEYANCE.
WHEREAS, pursuant to Resolution No. 95-268, the City of
Miami ("City") transferred by Warranty Deed to the Southeast
Overtown/Park West Community Redevelopment Agency ("CRA") a
number of properties located in the Southeast Overtown/Park West
Redevelopment District, including the property legally described
as:
The South 25 feet of Lots 1, 4 and 5 and the North
3 feet of the West 50 feet of Lot 10 in Block 20, of
the City o Miami North, according to the Plat thereof,
as recorded in Plat Book B, Page 41 of the Public
Records of Dade County, Florida ("Property");
and
WHEREAS, pursuant to the Request for Proposals, dated
September 3, 1997, and CRA Motion No. 96-12, the CRA authorized
the sale of the Property to the adjacent property owner
ATTACHMENT (5)
COMA ED
CITY COMMISSION
MEETING OF
APR 1 0 1997
Resolution No.
97- 286
("Purchaser") for the purpose of developing a new super gas
station on the site ("Project"); and
WHEREAS, approximately 270 square feet of land, 3 feet by 90
feet ("Parcel 211) was discovered between the Property and
Purchaser's adjacent property by a survey ordered by the
Purchaser prior to the closing of sale; and
WHEREAS, Resolution No. 95-268 did not include Parcel 2 as
�j one of the properties transferred to the CRA, since the City's
property records did not have any information about Parcel 2; and
WHEREAS, the Purchaser is not able to complete property
assembly necessary to develop the proposed Project without
Parcel 2;
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 conveyance of approximately 270 square
feet of land, legally described as the North 3 feet of Lot 7 and
the North 3 feet of the East 40 feet of Lot 6, Block 20, of the
City of Miami North, According to the Plat thereof , as recorded
in Plat Book B, Page 41, of the Public Records of Dade County,
Florida, from the City of Miami to the Southeast Overtown/Park
West Community Redevelopment Agency is hereby authorized.
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97- 286
Section 2. The City Manager is hereby authorized',1 to
execute a Warranty Deed, in substantially the attached form, and
any other necessary document(s), in a form acceptable to the City
Attorney, to implement said conveyance.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth day of April 1997.
i
i
ROLLO, MAYOR
ATTEST:
WALT R FOEMAN
CITY CL K
PREPARED AND REVI WED BY:
i
LINDA KELLY K ARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. a
A. Q ES, III
CITY ATTPFNEY
W1542:BSS
i� 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.
- 3 -
97-- 286
APR-01-97 TUE 11',57 AM CRA FAX NO, 3053724646 P105/08
WARRANTY DEED
THIS WARRANTY DEED is made this day of ,
1997, by the City of Miami, a municipal corporation of the State of
Florida, hereinafter, the "Grantor", to the Southeast Overtown/Park
West Community Redevelopment Agency, hereinafter, the "Grantee".
WITNESSETH:
The Grantor, for and in consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration, paid
to it by the Grantee, the receipt and sufficiency whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee, all that certain
land and all of the buildings and other improvements thereon,
situated in Dade County, Florida (the "Property") which is more
particularly described below.
(See Attachment A)
Subject to:
1. Conditions, restrictions, and easements of record, 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 prevent or restrict 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 is 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
9'7- 286
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 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 the 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 all persons
whomsoever. The Grantor hereby further represents and warrants
that: (a) the Property enjoys ingress and egress directly to and
from dedicated rights of way; (b) there exist no claims of lien or
potential lienors with respect to the Property; and there have been
no improvements or repairs to the Property for the ninety (90) days
preceding the date hereof which have not been paid for in full; (c)
the Property is not subject to any municipal liens or special
assessments; and (d) the Property is not subject to any property
taxes, except as a result of the lease of such Property. In the
event that Grantee shall determine at any point hereafter, that any
of the representations or warranties contained herein, on the part
of Grantor, were not true and correct, as of the date when made, or
that Grantor's title to any portion of the Property was not
marketable, as of the date hereof; as determined in accordance with
applicable Title Standards adopted by authority of the Florida Bar
and in accordance with law, then Grantor shall have a period of
sixty (60) days from and after receipt of written notice of such
matter from Grantee within which to correct same, failing which,
Grantee shall have the option either: (i) to cure or remedy such
matter, in which event Grantor shall reimburse Grantee for all of
Grantee's reasonable costs in connection therewith; or (ii) to
rescind the conveyance of such portion of the Property affected by
such breach of a Grantor's representation or warranty, or by
unmarketability of title, and to reconvey such portion of the
Property to Grantor, whereupon Grantor hereby agrees to assume all
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97- 286
APR-01-97 TUE 11:58 AM ORA
NiA NU, 3000 c4V-1V
costs, damages and liabilities deriving from or in connection with
such breach or unmarketability of title.
The Grantor, however, hereby disclaims any warranty or
representation as to the physical condition of the Property. The
Grantor hereby warrants that it is empowered to convey the Property
to Grantee and that is has received all the proper resolutions and
approvals by all state and local laws and ordinances to complete
said conveyance.
IN WITNESS WHEREOF, the Grantor has hereunto set its seal the
day and year first above written. a
ATTEST:
City Clerk
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
I
A. Quinn Jones, III
City Attorney
This Instrument Prepared By:
Linda Kelly Kearson, Esquire
300 Biscayne Blvd. Way, Suite 300
Miami, Florida 33131
ACKNOWLEDGEMENT
STATE OF FLORIDA )
)
COUNTY OF DADE )
The foregoing instrument was acknowledged before me, this
day of 1997, by , the City
Manager, and by , the City Clerk, respectively, of
the City of Miami, Florida, on behalf of said municipal
corporation, both of whom are personally known by me.
MIA3-481115
3
Notary Public State of Florida
97-- 286
ATTACHEMENT A
Legal Description of Parcel 2
The North 3 feet of Lot 7 and the North 3 Feet of the East 40 Feet of Lot 6, Block
20, of the City of Miami North, according to the Plat thereof, as recorded in plat
Book B, page 41, of the Public Records of Cade County, Florida.
97- 286
FAX NO, 3053724646 V. uAPR-03-97 THU B 08 PM CRA
1.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
l�
TM: Honorable Mayor and Memhprs DATE: APR 3 1997 FILE:
of the City Commission
RIApproval of a Warranty
Deed
rd Marquez HLFERENCES :
City Manager
ENCLOSURES -
RECOMMENDATION:
it is respectfully recommended that the City Commission approve the attached
Resolution authorizing the City Manager to execute documents for the purpose of
conveying approximately 270 square feet of land, legally described as the North
3 feet of Lot 7 and the North 3 Feet of the East 40 feet of Lot 6, Block 20, of the
City of Miami North, acculding to the Plat thereof, as recorded in Plat Book B,
Page 41, of the Public Records of Dade County, Florida, to the Southeast
Overtown/Park Wost Community Redevelopment Agency.
i$ACKGROUN[D'
The City of Miami ("City") Resolution No. 95-268 transferred all City -owned
properties located in the Suutheast Overtown/Park West to the Community
Redevelopment Agency ("CRA").
In accordance with the CRA Request for Proposals of September 3, 1996, and
subsequent CRA Motion of 96-12, the CRA Board of Directors approved the sale
of a vacant land ("Property") to the adjoining Gas Station property owner
("Purchaser") for the purpose of developing a super gas station ("Project") on the
assembled land. However, a new survey of both properties indicated that a strip
of land ("Marcel 2n), approximately 3 feet by 90 feet, lies between the Property
and the Purchaser's existing gas station property. Consequently, the Parcel 2
has to be sold along with the Property in order to complete the land assembly for
the proposed Project.
Resolution 95-265 intended to transfer all City owned properties in the Southeast
Overtown/Parr West to the CRA; however at the time of property transfer, the
City's inventory of assets did not have any record of Parcel 2. Therefore, it is
respectfully requested that the City Commission approve the attached Resolution
in connection with the conveyance of the Parcel 2 to the CRA.
9'7- 286