HomeMy WebLinkAboutR-95-0868J-95-1002
11/28/95
RESOLUTION Ng5 -_868
A RESOLUTION REQUESTING THE GOVERNOR AND
CABINET OF THE STATE OF FLORIDA, SITTING AS
THE BOARD OF TRUSTEES FOR THE INTERNAL
IMPROVEMENT FUND, TO GRANT, IN ACCORDANCE
WITH THE PROVISIONS OF TRUSTEES' DEED NO.
19447, EITHER A DETERMINATION OF
CONSISTENCY OR WAIVER OF THE DEED
RESTRICTION AS IT PERTAINS TO THE PROPOSED
DEVELOPMENT, LEASE AND OPERATION OF A
BOTANICAL GARDEN ATTRACTION ON WATSON
ISLAND BY PARROT JUNGLE AND GARDENS, INC.
WHEREAS, upon the conclusion of a duly advertised and administered
Unified Development Project process, the City Commission adopted Resolution
No. 95- 676 on September 28, 1995 to accept the proposal from Parrot Jungle
and Gardens, Inc. for the development, lease, and operation of a botanical
garden attraction on 18.6 acres of city -owned property on Watson Island; and
WHEREAS, as required by City Charter Section 29-C, said proposed
transaction and use was approved by a majority of the electorate of the City of
Miami as a referendum on the November 7, 1995 general election; and
WHEREAS, the State of Florida, in its deed of Watson Island to the City
of Miami, stipulated that said lands be used solely for public purposes,
including municipal purposes, thereby requiring approval from the State for
any lease to a private person, firm or corporation; and
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CITY COMMISSION
MEETING OF
DEC 0 7 1995
Resolution No.
95- 868
WHEREAS, the proposed use as a botanical garden, and concommitant
development lease to Parrot Jungle and Gardens, Inc., is consistent with the
requirement for public and municipal purpose because the facility is public
recreation in nature, will be open to the general public, and because the lessee
will provide extensive recreational, educational and social programs and
activities, as well as improvements to and maintenance of the leased municipal
property and additional public open space; and
WHEREAS, the Governor and Cabinet of the State of Florida, sitting as
the Board of Trustees for the Internal Improvement Fund, is the agency
responsible to review the proposed use and transaction and to take the
appropriate action pursuant to the City's request;
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
f
Resolution are hereby adopted by reference thereto and incorporated herein as
if fully set forth in this Section.
Section 2. The Governor and Cabinet of the State of Florida, sitting as
the Board of Trustees for the Internal Improvement Fund, are hereby requested
to grant, in accordance with the provisions of Trustees' Deed No. 19447, either
a determination of consistency or a waiver of the deed restriction as it pertains
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95- 868
APPROVED AS TO FORM AND
CORRECTNESS:
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CITY O.
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95- 868
CITY OF MIAMI, FLORIDA
' INTER -OFFICE MEMORANDUM
.2
To Honorable Mayor and Members DATE : NOV 2 9 1995 FILE
of the City Commission
SUBJECT: Resolution: Request State review
FROM
of Watson Island Deed
REFERENCES:
ENCLOSURES:
Resolution, deed
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached
Resolution formally requesting the Governor and Cabinet of the State of Florida,
sitting as the Board of Trustees for the Internal Improvement Fund, to grant either a
determination of consistency or waiver of the deed restriction as it pertains to the
proposed development, lease and operation of a botanical garden attraction on
Watson Island by Parrot Jungle and Gardens, Inc.
BACKGROUND
This legislation has been prepared by the Department of Community Planning and
Revitalization.
On November 7, 1995, City of Miami voters approved the leasing of city -owned
property on Watson Island to Parrot Jungle and Gardens, Inc. for the development
-and operation of a botanical garden at attraction. In order to proceed with the project,
the City must seek a review of the proposed project by the Governor and Cabinet of
the State, sitting as the Board of Trustees for the Internal Improvement Trust.
The State, in its deed of Watson Island to the City of Miami, stipulated that the lands
be used for public purposes, including municipal purposes. Proposed leases to a
private person, firm or corporation therefor require approval from the State Trustees
for the Internal Improvement Fund. The City Manager has determined that the
proposed use by Parrot Jungle and Gardens, Inc. is consistent with the requirement
for public and municipal purpose because the facility is public recreation in nature,
will be open to the general public and because the lessee will provide extensive
recreational, educational and social programs and activities, as well as improvements
to and maintenance of the leased municipal property and additional public open
space.
On this basis, we recommend your authorization to proceed with this request to the
State to grant, in accordance with the deed's provisions, either a determination of
consistency or waiver of the restriction as it pertains to said development and use.
95- 868
030KtJj_W PAG[4�� l '
INTERNAL IMPROVEMENT FUND STATE OF FLORIDA
? h
DE_,D NO. 12_Q7
KNow ALL MEN BY THESE PRESENTS: That the undersigned, the
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Trustees of the Internal Improvement Fund of the State of Florida,I
under and by virtue 'of -the authority of Section 253.12, Florida
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Statutes, 1941, and according to the provisions provided for in ;
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Section 253.13, Florida Statutes, 1941, and for and in cbnsidera-
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tion of the sum of Ten and 00/100 Dollars and other good and 4
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valuable considerations, to them in hand paid by CITY OF MIAMI,
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Dade County, Florida, receipt of which is hereby acknowledged,
h
Ilhave
granted, bargained, sold and conveyed to the said CITY OF
{MIAMI
and its successors and assigns forever, the followino de-
scribed lands, to -wit;
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Beginning at the point of intersection of the
Easterly production of the Cen er Line'of Rickmers
Street (now known.as N. E. 13th Street) as shown on r
the Amended Plat of' "RI =HERS ADDITION" as recorded
Ain
Plat Book 3, Page 2, with the U. S..Harbor Line
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on the West side of Biscayne Bdyj thence run North-
erly along said.U. S. Harbor Line to a point on a
line four hundred and fifty feet North of and parallel
to the Easterly production of the said Center Line of
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Rickmers Street (now known as N. E. 13th Street);
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thence run Easterly along said line 450 feet North
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of and parallel to the Easterly production of the
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Center Line of said Rickmers Street (now known as
N. E. 13th Street) to the point of intersection with
that course described in Deed Book 361, Page 353, as
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follows: "Thence in a Southeasterly direction to
the Southeast corner of the Southwest Quarter of
7
the Southwest Quarter (SW* of SWI)`of Section 32,
P'
Township 53 South, Range 42' EastIt f Thenob South- i
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easterly along'the -said last described course to'
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the said Southeast corner of the SWj of SW. of
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Section 32, Township 53 South, Range 42 East; Thence
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run South along the -West line of the NEJ of NWJ of
Section 5, Township 54 South, Range 42 gast to•a
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point eighty feet Northerly from and measured at
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right angles to the Center Line, of the Miami
Muni-cipal
•.
Channel; Thence run Southeasterly followlpg
that course'described in Deed Book 147�?, Page 474 �-•�
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. as follows: "Commencing at the intersection of,the
'hest Line of the NE, of NVI., of Section 5, Township �
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54 South, Range 42 East, and a line parallel to
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and eighty feet Northerly from, and measured at
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right angles to the Center Line of the Miami Muni -
;I
ci al Channel", -to the Rast boundary of the West
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39 of said Section 5; Thence run South along the
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East boundary of the West 3/4 of said Section 5
and Section B, Township 54 South, Range 42 East,
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to the Northerly Line of the FEC Railway Company
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Channel as described in aforesaid Deed Book 1472,
it
Page 474; Thence run Westerly along the said
1
Northerly line of the FEC Railway Company Channel
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to the East line of the NW.0of Section S", Town-
ship 54 South, Range 42 East; Thence run Westerly
5�- 868'
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along thnt line described in Chapter 13666 (No...102)
Laws of Florida - 1929 as follows., 'Thence westerly
to the Intersection of the P. & 0.•S.S. Channel and
the Channel extending from the mouth of the Miami
River in a Southeasterly direction's, to the East
line of Section 7, Township 54 south, Range 42 East;
Thence run -South along the said East line of Section
7, Township 54 South, Range 42. East to a point 2000
feet North of the South line of Section 7,-Township
54 South, Range 42 East, being that point at the
termination of the line described in Deed Book 1900,
Page 355 Parcel." B" as follows, "Thence North along
the Ernst Line of said Section 7 for a distance of
2000 feet to a point"; Thence along the course de-
scribed in Deed Nook 1900, Page 355, as follows:
"Thence Southwest 2828 feet to a point on the South
boundary of said Section 711, to a point 2000 feet
West of the Southeast corner of said Section 7;
Thence run West along the South line of said Section
7 and the Sough line of said Section 7 produced West,
to the point of intersection with the U. S. Harbor
Line on the West side of Biscayne Bay; thence run
Northerly along the said U. S. harbor Line to the
point of beginning.
Except therefrom the following described BAY BOTTOM
LARD AREA FOR DREDGING Ili CONNECTION WITH PROPOSED
85 ACRE BURLINGAME ISLAND.
Beginning at the point of intersection of the South-
easterly production of the Northerly side of S. I:.
14th Street, the same being the Southerly line of
Highleyymm�an's Subdivision as recorded in Plat Book 1,
Page 184. of the•Publio Records of Dade County, Florida,
with the U. S-. Harbor Line on the Westerly side of
Biscayne Bay; thence Northerly along the said U. S.
Harbor Line and the Northerly extension thereof 3800
feet, more or less, to the point of intersection
with the Southerly line of Miami River Channel, as
shown and established on Sheet No. 2 of plan pre-
pared by U. S.-Engineer Office, Jacksonville, Florida,
November 1934, showing Miami River, Florida, condi-
tions on completion of Dredging of Channel Project;
thence Northeasterly along the said Southerly line
of Miami River Channel and the Northeasterly pro-
duction thereof 2500 feet to a point; thence Southerly
5300 feet, more or less, along a line parallel to the
Southerly production of the dividing line between
Township 53 South, Range 41 East and Township 53 South,
Range 42 East to the point of .intersection with the
aforesaid Southeasterly production of the Northerly
side of S. E. 14th Street; thence Northwesterly
2900 feet, more or less, along the said Southeasterly
Production of the Northerly side of S. E. ll{th Street
to the U. S. Harbor Line, the point of beginning.
And further excepting therefrom all land title to
which is in private parties.
TO HAVE AND TO HOLD the said above mentioned and described
land and premises, and all.the title and interest of the Trustees
therein as granted to them by Section 253.12, Florida Statutes,
1941, unto the said CITY OF MIAMI and its successor and assigns
forever. I
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95- 8b8
• ,i 800H M F" 1�
�• SAVING AND RESERVING unto the Trustees of the Internal"Improve-
ment Fund of Florida, and .their successors, aw. undivided three-
irourths interest in and title in and to an undivided three -fourths
'interest in all the phosphate, minerals and metals that are or nay
ire in, on or under the said above described lands, and an undivided
ilane-half interest in and title in and to an undivided one-half in-
Nerest in all the petroleum that in or may be in or under the said
above described land, with the privilege to mine and develop the
PROVIDED, HOWEVER, anything herein to the contrary notwith-
ptandiri6i "this' deed" 1s-'giveri 'aiid 'gi�iin ed' upon-- the,- express• condition
i'hubsequent
that the Grantee herein or its stiocessors and assigns
shall never..sell or convey or lease the above••described-1.and-or
zany part thereof'lo any private person, firm or'corporation for
I•any private use or purpose, it being the intention of'this re-
Istriction,that the said.lands shall be used'solelp for public
I�urposes,�' inolud�ng municipal purposes••iind, not otherwise.
PROVIDED, FURTIiER, anything herein to the contrary notwith-
0tanding, this deed ib given and granted upon the further express
Condition subsequent that the Grantee -herein or its successors or
assigns shall not give or grant any license or permit to any pri-
"ate person, firm or corporation to construct or make by any means,
�b.ny islands, fills, embankments, structures, buildings or other
,similar things withiri or upon the above described lands or any__.....
;part thereof for any private use or purpose, as distinguished from
Iany public or municipal use or purpose.
a; It is covenanted and agreed that the above conditions subse-
;quent shall run with the land and any violation thereof shall
�ender this deed null and void and the above described lands shall,
fin such event,, revert to the Grantors or.-thai..r successors.
i IN WITNESS WHEREOF, the Trustees of -the Internal Improvement
l nd of the State of Florida have hereunto subscribed their names
i affixed their seals, and have caused the seal of the t1DEPART-
O�ndT OF AGRICULTURE OF THE STATE OF FLORIDA", to be hereunto
F24tht
ffixed, at the Capitol; in the City of Tallahassee, on this the
day of February , A. D. Nineteen Hundred and
ty-nine.
- j(�e..;1_ P�.,�% n 14.G�( SEAL )
nor GoCLI�vJ __(SEAL)*
Comm •over or AgrPU
re
Slate of r-lori=,o. Counly of Dade. da of.'....
This inst:un-en; ;vas filed for record.the.../ -• y '
1949 at.'i�--ate 1 and duly recorded 1n.,00
Q....on Page -See- File No.
1300k.�,1 ■• LEATHCRMAU
Clerk Circuit court
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9 5 - 868 ��