HomeMy WebLinkAboutR-94-0260J-94-309
4/13/94
RESOLUTION NO.
94- 260
A RESOLUTION, WITH ATTACHMENT, RESCINDING
RESOLUTION NOS. 93-628, ADOPTED OCTOBER 14,
1993 AND 94-159, ADOPTED MARCH 24, 1994, IN
THEIR ENTIRETY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CORRECTIVE QUIT -CLAIM
DEED TO METROPOLITAN DADE COUNTY, IN ORDER TO
CORRECT SCRIVENER'S ERRORS IN THE ORIGINAL
QUIT -CLAIM DEED DATED MAY 27, 1975.
WHEREAS, the City Commission of the City of Miami has
previously authorized, the execution by the City Manager of a
quit -claim deed, from the City of Miami to Metropolitan Dade
County, Florida (County) for the use and benefit of the Miami -
Dade Water and Sewer Authority (Authority), dated May 27, 1975
(the original quit-cliim deed); and
WHEREAS, the original quit -claim deed conveyed to the
Authority a number of parcels of land for the use by the
Authority in connection with the operation of a water work's
system or sanitary sewer system and contained several scrivener's
errors; and
WHEREAS, approval and execution of a corrective deed by the
City, and acceptance of said corrective deed by the County will
reotify scrivener's errors which pertain to the property commonly
known as Bicentennial Park relating back to the original
quit -claim deed; and
CITY COMOSSIOR
MEETING OF
APR 14 1994
Resolution No.
94- 260
WHEREAS, the City will execute and the County will accept a
second corrective quit-olaim deed at such time as the rest of the
scrivener's errors are properly identified so as to rectify all
the errors contained in the original quit-olaim deed.
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. Resolution Nos. 93-628, adopted October 14,
1993 and 94-159 adopted March 24, 1994, are hereby rescinded in
their entirety.
Section 3. The City Manager is hereby authorized to
execute the corrective quit -claim deed, a copy of which is
attached hereto and by reference made a part hereof, to correct:
1) a scrivener's error in a portion of the legal description in
the original quit -claim deed recorded in Official Records Book
9001 at Page 1430 of the Public Records of Dade County, Florida,
in that the original quit -claim deed erroneously listed land
described in O.R. 7664, Page 640 to be conveyed instead of
correctly described land as shown in the corrective quit-olaim
deed as PARCEL A-1 by metes and bounds description, and 2) a
scrivener's error in a portion of the legal description in the
original Quit -Claim Deed recorded in Official Records Book 9001
at Page 1430 of the Public Records of Dade County, Florida, in
that the original deed erroneously listed some of the land
described in Deed Book 2465, Page 164 to be conveyed instead of
- 2 - 94- 260
correctly excluding those portions of land as described in the
corrective quit-olaim deed as PARCEL B-1 by metes and bounds
description.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of April 1994.
U'
STE HEN P. CLARK, MAYOR
?TeZYH
RAI
CITY CLERK
PREPARED AND APPROVED BY:
IE 0. BRU
ASSISTANT CITY ATTORNEY
JOB:kd:M4270
APPROVED AS TO FORM AND
CORRECTNESS:
A. QU! N JbNXS, III
CITY ATTO Y
94- 260
- 3 -
CORRECTIVE QUIT CLAIM DEED
STATE OF FLORIDA )
COUNTY OF DADE )
THIS INDENTURE, made this day of ,
1994, by and between the CITY OF MIAMI, a municipal corporation
under the laws of the State of Florida, having its principal
place of business at 3500 Pan American Drive, Miami, Florida
33133, (hereinafter called the "CITY"), and METROPOLITAN DADE
COUNTY, FLORIDA (hereinafter called the "COUNTY"), whose address
is P.O. Box 330316, Miami, Florida 33133, as successor in
interest to the Miami -Dade Water and Sewer Authority.
W I T N E S S E T H
The purpose of this Corrective Quit Claim Deed is to
correct scrivener's errors in the legal description pertaining to
certain property commonly known as Bicentennial Park set forth in
that certain Quit Claim Deed dated May 27, 1975, between the City
of Miami and the Miami -Dade Water and Sewer Authority which is
recorded at O.R.B. 9001, Page 1430 of the Public Records of Dade
County, Florida, hereinafter called "Original Quit Claim Deed".
To accomplish the foregoing purpose and for and in
consideration of the sum of Ten Dollars ($10.00) and other good
and valuable considerations to it in hand paid by the COUNTY, the
receipt whereof is acknowledged, the CITY does hereby, remise,
release and quit -claim unto the COUNTY all the right, title,
9a- ` CO
interest, claim and demand which the CITY has in and to the
following parcels of land situated, lying and being in Dade
County, Florida, as more particularly described on Exhibit "A"
which is attached hereto and incorporated herein by reference.
This Corrective Quit Claim Deed is intended only to correct
errors in the legal description set forth in the Original Quit
Claim Deed by substituting the legal description contained in
Exhibit "A" for the legal description in the Original Quit Claim
Deed said substituted description relating back to said Original
Quit Claim Deed. It is not intended to modify or revise any
other terms or conditions set forth in said Original Quit Claim
Deed.
IN WITNESS WHEREOF, the CITY has caused this Corrective
Quit Claim Deed to be executed on its behalf by its City Manager
and attested to by its City Clerk and its official seal affixed
on the day and year first above written.
ATTEST: THE CITY OF FMII,a municipal
corporationthe State of
Florida
By: By:
M y Hirai, City Clerk Cesar H. Odio, City Manager
Approved as to form and Approved as to legal
correctness: description:
By: B C�- ,� c� 'Z y :
A. Q nn Fy
s, II Wally Lee, Director
City Atto Department of Public Works
The foregoing corrective quit claim deed w&a authorized and
approved on the / day of , 1994, by
Resolution No. - 02 o by the Con&ission of the City of
Miami, Florida.
°4- 260
Approved as to legal
sufficiency:
Approved as to legal
description:
By: By:
C. Jan Strayhorn Jack Clark, Assistant Chief
Assistant County Attorney Right -of -Way
Dade County Public Works
Department
The foregoing corrective quit claim deed was authorized and
approved on the day of , 1994, by
Resolution No. of the Dade County Board of County
Commissioners.
By.
• Harvey Ruvin
Deputy Clerk
`jA- 260
The deeds and covenyances rded in the following deed be in the public records
of Dade County, Florida:
Together with:
D.B.
2146,
PAGE
499
D.B.
2382,
PAGE
18
D.B.
1467,
PAGE
306
D.B.
533,
PAGE
73
D.B.
2694,
PAGE
49
D.B.
362,
PAGE
366
D.B.
2531,
PAGE
76
D.B.
2461,
PAGE
537
D.B.
1616,
PAGE
310
B.B.
2465,
PAGE
164
A portion of that certain tract or parcel of land, known generally as
the City of Miami Dock Properties, the same being more particularly
described as follows:
Commencing at the southeasterly corner of Lot 8, Block 20-N A.L.
KNOWLTON Map of Miami as recorded in Plat Book B at page 41 of the
Public Records of Dade County, Florida; thence run southwardly along the
southerly prolongation of the easterly line of said Lot 8 for a distance
of twenty-five (25.001) feet to a point on the centerline of 2nd Street
(now known as N.E. loth Street) as shown on said A.L. KNOWLTON Map of
Miami; thence run eastwardly along the easterly prolongation of the
centerline of N.E. loth Street fora distance of two hundred and twenty
(220.001) feet to a point, said point being on the easterly right-of-way
line of Biscayne Boulevard as proposed for widening and being the point
of beginning of the hereinafter described property:
From said point of beginning, as heretofore described, run northwardly
along said easterly right-of-way line of Biscayne Boulevard as proposed
for widening, said right-of-way line being parallel to and two hundred
twenty (220.00") feet easterly of the easterly line of said Lot 8
prolonged, for a distance of thirty five (35.00•) feet to a point;
thence run eastwardly on a line parallel to andthirty five (35.001) feet
northerly of said easterly prolongation of the centerline of N.E. loth
Street, for a distance of one hundred and fifty (150.001) feet to a
point; thence run southwardly on a line parallel to and one hundred and
fifty (150.001) feet easterly of the aforesaid proposed easterly right-
of-way line of Biscayne Boulevard, for a distance of two hundred and
five (205.00F) feet to a point; thence run westwardly on a line parallel
to and one hundred and seventy (170.00") feet southerly of the aforesaid
easterly prolongation of the centerline of N.E. loth street for a
distance of one hundred and fifty (150.001) feet to a point of
intersection with the aforesaid proposed easterly right-of-way line of
Biscayne Boulevard; thence run northwardly along the aforesaid easterly
right-of-way line of Biscayne Boulevard for a distance of one hundred
and seventy (170.000) feet to the point of beginning.
LESS AND EXCEPT those portions thereof described in Certificate Numbers
67504, 67505 and 67506 contained in Deed Book 2465 at Page 164 of the
Public Records of Dade County, Florida, being more particularly
described as follows:
EXMIT W PAGE 1 of 2 9 4- 260
Certificate Number 67504 - Parcel of land leased by City of Miami
described as follows: From Southeast corner of Block 21N of A. L.
Knowlton's MAP OF MIAMI, according to the plat thereof recorded in Plat
Book 'B' at Page 41 of the Public Records of Dade County, Florida, run
due East 103 feet to East line of Biscayne Boulevard; thence North along
East line of Biscayne Boulevard 147 feet to POINT OF BEGINNING; thence
run North 75 feet; East 80 feet; South 100 feet; thence West 55 feet to
point of curvature of a 25 foot radius curve; thence Northwesterly
along said curve 39.27 feet to POINT OF BEGINNING;
0
Certificate Number 67505 - Parcel of land leased by City of Miami
described as follows: From Northwest corner of Lot 1, Block 4, THIRD
AMENDED PLAT OF WINDSOR PARK, according to the plat thereof recorded in
Plat Book 4 at Page 145 of the Public Records of Dade County, Florida,
run South along the West line of Block 41 produced Southerly, 412.96
feet to POINT OF BEGINNING; thence run East 93.43 feet; thence
Southwesterly 192 feet, more or less; thence Northwesterly 89.15 feet to
East boundary of Biscayne Boulevard; thence Northerly along East line *of
Biscayne Boulevard to a point 11.92 feet West of POB; thence East 11.92
feet to POINT OF BEGINNING;
Certificate Number 67506 - From Southeast corner of Lot 1 of SUBDIVISION
OF BLOCK 1N, according to the plat thereof recorded in Plat Book 3 at
Page 172 of the Public Records of Dade County, Florida, run East 143.75
feet to POINT OF BEGINNING; thence continue East 83.01 feet; thence
North 100 feet; Northwesterly 41.18 feet to East line of Biscayne
Boulevard; thence run Southwesterly along East line of said Biscayne
Boulevard 79.95 feet; thence continue Southwesterly at an angle, 46.78
feet to point of curve having a 12.5 foot radius; thence follow said
curve Southerly to Southeasterly 23.41 feet to POINT OF BEGINNING.
SIT "A" PACE 2 of 2
Aowoted !e eo a�eon�tun
Dote
0A- 260
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Cesar Odio
City Manager
ulie 0. Bru
FROM. Assistant City Attorney
DATE April 15, 1994 FILE : A-92-306
SUBJECT Follow-up on Commission
Action April 14, 1994
Meeting
REFERENCE�aritime Port Project
ENCLOSURE�re-Development Agreement
I rnrrcnt i vA ui t-Cl ay m ilccA
Attached are two original documents entitled Pre -Development
Agreement (the Agreement) revised in accordance with the
clarification pertaining to Section 7(c)(iii), set Forth on page
13, which was provided to the Mayor and Commissioners by
Commissioner De Yurre at the time the Agreement was considered
and voted on. Pursuant to commission directives, please confirm
that the Board of County Commissioners has accepted the
Corrective Quit -Claim Deed prior to executing the Agreement.
Please have the executed Corrective Quit -Claim Deed
delivered as soon as possible to:
Stephen P. Clark Center
Bob Krawcheck, Assistant County Attorney
111 N.W 1st Street, Suite 2810
Miami, Florida 33128-1993
Also, please make sure that all the proper individuals at
the county receive a copy of the Agreement, as clarified
yesterday. Thank you.
Enclosure
cc: Matty Hirai
City Clerk
Eduardo Rodriguez
Director of Asset Management
94- 260
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:Honorable Mayor and Members
of the City Commission
FROM
J. L. Plun
� t
i
Commissioner
GATE April 12, 1994 FILE
SUBJECT:
Bicentennial Park
REFERENCES:
ENCLOSURES:
This morning the City Manager and T met with Chairman Arthur
Teele, County Manager Joaquin Avino, Seaport Director Carmen
Lunetta, and County Attorney Robert Ginsburg to discuss the
corrective quit claim deed for Bicentennial Park.
As a consequence of this meeting, T respectfully request of my
colleagues that you proceed with discussion concerning item *7-C
as scheduled on the April 14, 1994 City Commission agenda,
subieet to the Board of County Commissioners adoption of the
corrective quit claim deed for Bicentennial Park in favor of the
City of Miami at their meeting of April 19, 1994 or April 21,
1994.
cc: Cesar Odio, City Manager
Arthur Teele, Chairman of the Board of County Commissioners
Joaquin Avino, County Manager
Robert Ginsburg, County Attorney
94- 260