HomeMy WebLinkAboutR-93-0628J-93-645
10l1l93
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A CORRECTIVE QUI-
CLAIM DEED TO METROPOLITAN DADE COUNTY F',:
THE USE AND BENEFIT OF THE MIAMI-DADE WA;.,
AND SEWER AUTHORITY DEPARTMENT CONVEYINk
TITLE TO THE PROPERTY LEGALLY ^DESCRIBSAID DEED, IN ORDER TO CORRECT ERROR IN THE ORIGINAL QUIT CLAI
MAY 27, 1975.
the City Commission of
previously authorized, the
Quit -Claim Deed, from the
County, Florida (Count
Dade Water and Sew uthc
and
Wy Manager of a
to Metropolitan Dade
benefit of the Miami-
) , dated May 27, 1975 ;
WHEREAS, saidNed cone to the Authority a number of
is o an fothe Authority in connection with
ape ion 910%ker work's system or sanitary sewer system;
,4460V result of a scrivener's error in the
of said Deed, the City of Miami at this time owns a
Poriginally intended to be conveyed pursuant to
pecifically the pump station, and the Authority owns
RESCINDED
- I1"'D By. 5 •.•
Rescinded by R-94-159
Rescinded by R-94-260
ATTACHMENT (S)
C�NTAiFlf9
CITY COMMISSION
MEETING OF
0 CT 1 4 1993
ReaoluHon No,
28
a parcel of land not intended to be conveyed pursuant to said
Deed, specifically Bicentennial Park; and
WHEREAS, approval and execution of the correctiv/dee bthe City and the County will rectify the aforned
scrivener's error;
NOW, THEREFORE, BE IT RESOLVED BY THE
OF MIAMI, FLORIDA:
Section 1. The recitals and f ngs twine n the
Preamble to this Resolution are hereby to eferenoe
thereto and incorporated herein forth in this
Section.
Section 2. The City er hereby authorized to
execute the Correct t-Clai eed, a copy of which is
attached hereto and referenc ade part hereof, to correct:
1) a scrivener's er in a por n of the legal description in
the origin Cla ed orded in Official Records Book
9001 at P e 143 �e Pu io Records of Dade County, Florida,
in t t tl�Inal ed erroneously listed land described in
O 664, Page 640 a conveyed instead of correctly described
nd as wn i e Corrective Quit -Claim Deed as PARCEL A-1 by
nd lb description, and 2) a scrivener's error in a
por of legal description in the original Quit -Claim Deed
93- 6128
Rescinded by R-94-159
Rescinded by R-94-260
recorded in Official Records Book 9001 at Page 1430 of the Public
Records of Dade County, Florida, in that the original d
erroneously listed some of the land described in Deed Book.46
Page 164 to be conveyed instead of correctly exoludif :'those
portions of land as described in the Corrective Qui aim D
as PARCEL B-1 by metes and bounds description.
Section 3. This Resolution shall e tiv
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of ob r 1993.
MATTY HIRA
CITY CLERK
CORRECTNESS:
9 3 - 6 y8
Rescinded by R-94-159
Rescinded by R-94-260
Return to:
Right of Way Division
Dade County Public Works Dept.
111 N.W. 1st Street
Miami, FL 33128-1970
Instrument prepared by:
Thomas J. Stanius
Dade County Public Works Dept.
111 N.W. 1st Street
Miami, FL 33128-1970
Folio No. 01-0100-000-0530
User Department WASAD
CORRECTIVE QUIT CLAIM AND CONVEYANCE TO DADE COUNTY
BY CORPORATION
STATE OF FLORIDA )
)
COUNTY OF DADE )
THIS INDENTURE, Made this day of , A.D. 19 , by
and between THE CITY OF MIAMI, a municipal corporation under the laws of
the State of Florida, and having its office and principal place of
business at 3500 Pan American Drive, Miami, FL 33133, (hereinafter
called the "CITY") and METROPOLITAN DADE COUNTY, FLORIDA, for the use
and benefit of the MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT,
whose Post Office address is 3575 S. LeJeune Road, Miami, FL, 33133
(hereinafter called the "DEPARTMENT"), party of the second part,
WITNESSETH:
That the CITY, 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 DEPARTMENT, the receipt whereof is hereby acknowledged, does
hereby remise, release and quit -claim unto the DEPARTMENT all the right,
title, interest, claim and demand which the CITY has in and to the
following parcels of land, situate, lying and being in the County of
Dade and State of Florida, as more particularly described as follows and
in the deeds and conveyances recorded in the following list of Deed
Books (D.B.) of Dade County, Florida, to -wit:
- , ro
-N
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
D.B.
2465,
PAGE
164
Together with:
PARCEL A-1
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 for a 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 (35.00-1) feet to a point;
thence run eastwardly on a line parallel to an thirty 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 (205.001) feet to a point; thence run westwardly on a line parallel
to and one hundred and seventy (170.001) 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 (170.001) 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:
93- 6208
PARCEL B-1
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 radlius curve; thence Northwesterly
along said curve 39.27 feet to POINT OF BEGINNING;
AND
Certificate Number 67505 - Parcel of land least 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 4, 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.
93- 6`48
This Corrective Quit -Claim Deed is given to correct: 1) a scrivener's
error in a portion of the legal description in the original Quit -Claim
Deed (QCD) recorded in Official Records Book 9001 at Page 1430 of the
Public Records of Dade County, Florida, in that the original deed
erroneously listed land described in O.R. 7664, Page 640 to be conveyed
instead of correctly describing the land as shown herein 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 (QCD) 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
correctly excluding those portions of land as described herein as PARCEL
B-1 by metes and bounds description.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all
the estate, right, title, interest, lien, equity and claim whatsoever of
the CITY, either in law or equity, to the proper use, benefit and behoof
of the DEPARTMENT, subject to the following provisions and conditions:
The CITY grants all of such real property to the DEPARTMENT so long
as the DEPARTMENT is in existence and so long as there is a legally and
validly organized successor entity to operate the waterworks system in
accordance with the provisions of the Trust Indenture Agreement entered
into between the City of Miami and The Chase National Bank of New York
City, now known as The Chase Manhattan Bank, National Association, dated
December 1, 1940, (hereinafter call The Chase Trust Indenture) as a
single integrated system and to operate the sanitary sewer system of the
COUNTY or of the COUNTY and the DEPARTMENT as a single integrated
system. If the DEPARTMENT is abolished or ceases to exist and there is
no legally and validly organized successor which shall have assumed all
of the obligations of the DEPARTMENT and to which all of the properties
of the DEPARTMENT have been transferred, then all of said real property
shall automatically revert to the CITY, its successors and assigns,
provided, however, that so long as the Water Revenue Bonds are
outstanding, the CITY hereby agrees to the appointment by a court of a
receiver or other official who shall operate the above described real
property of the waterworks system with the property constituting the
waterworks system, in accordance with the provisions of the "Chase Trust
Indenture" and the provisions hereof (insofar as the waterworks system
is concerned) as a single integrated system. If at any time any or all
of such real property is in the discretion of the DEPARTMENT and the
CITY determined not to be needed or serving no useful purpose in the
maintenance and operation of the waterworks system or sanitary sewer
system such property shall automatically revert to the CITY, its
successors and assigns. If no agreement is reached regarding the need
or the usefulness within ninety (90) days after any controversy arises
concerning such need or usefulness, the matter will become the subject
of arbitration in accordance with the Rules of the American Arbitration
Association.
93- 628
IN WITNESS WHEREOF, the CITY has caused this deed to be executed in
its behalf by its City Manager and attested by its City Clerk and its
official seal affixed, on the day and year above written.
Signed, Sealed and
Delivered in the
Presence of:
As to Cesar Odio
As to Matty Hirai
Approved as to form and
correctness:
THE CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By:
Cesar Odio, City Manager
City of Miami, Florida
ATTEST:
Matty Hirai, City Clerk
City of Miami, Florida
Approved as to Description:
al
Director, Department of Public Works
The foregoing corrective deed was authorized and approved on the day of
, 19'` , by Resolution No. by the Commission of the
City of Miami, Florida.
93- G208
STATE OF
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by CESAR ODIO, City Manager, City of
Miami, Florida.
NOTARY SEAL/STAMP
STATE OF )
SS.
COUNTY OF )
Notary Public
Printed Name
Notary Public, State of
My commission expires:
Commission/Serial No.
(SEAL)
The foregoing instrument was acknowledged before me this
day of , 19 , by RATTY HIRAI, City Clerk, City of
Miami, Florida.
NOTARY SEAL/STAMP
Notary Public
Printed Name
Notary Public, State of
My commission expires:
Commission/Serial No. _
(SEAL)
The foregoing was accepted and approved on the day of ,
19 , by Resolution No. of the Board of County
Commissioners of Dade County, Florida.
ATTEST: HARVEY RUVIN,
Clerk of said Board
Assistant County Manager
By:
Deputy Clerk 9 3 _
628
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The Corrective Deed will: a) void the incorrect
conveyance of Parcel A-2 gn from the City of
Miami to Dade County and therefore City of Miami would
correctly retain title to Parcel A-2 and (b) correctly
convey title to Parcel A-1 (the pump
station) from City of Miami to Dade County (Miami -Dade
Water & Sewer Authority Department - WASAD), as was
originally intended.
93- 628
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : The Honorable Mayor and Members DATE: FILE
of the City Commission
SUBJECT : Authorizing Execution
of Corrective Quit
Claim Deed
FROM : Cesar H. Odlo REFERENCES:
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt
the attached Resolution authorizing the City Manager to execute
a corrective quit claim deed to Metropolitan Dade County for
the use and benefit of the Miami -Dade Water and Sewer Authority
Department (WASA) conveying title to the property legally
described in said deed, in order to correct a scrivener's error
in the original quit claim deed dated May 27, 1975.
BACKGROUND:
The City Commission previously authorized execution of a Quit
Claim Deed from the City to Dade County for the use and benefit
of WASA dated May 27, 1975. This deed conveyed to WASA a
number of parcels of land for its use in connection with the
operation of a water work's system or sanitary sewer system.
As a result of a scrivener's error in the preparation of the
deed, the City at this time owns a parcel of land originally
intended to be conveyed pursuant to the deed, specifically the
pump station, and WASA owns a parcel not intended to be
conveyed pursuant to the deed, specifically Bicentennial Park.
It is therefore recommended that the Commission approve the
attached resolution authorizing the execution of a corrective
deed which will rectify the aforementioned scrivener's error.
�Oe 93- 62408
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE 1993 FILE
of the City Commission OCT 0 4 1
SUBJECT Authorizing Execution
of Corrective Quit
Claim Deed
'ROM Ce dio REFERENCES
Ci nager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt
the attached Resolution authorizing the City Manager to execute
a corrective quit claim deed to Metropolitan Dade County for
the use and benefit of the Miami -Dade Water and Sewer Authority
Department (WASA) conveying title to the property legally
described in said deed, in order to correct a scrivener's error
in the original quit claim deed dated May 27, 1975.
BACKGROUND:
The City Commission previously authorized execution of a Quit
Claim Deed from the City to Dade County for the use and benefit
of WASA dated May 27, 1975. This deed conveyed to WASA a
number of parcels of land for its use in connection with the
operation of a water work's system or sanitary sewer system.
As a result of a scrivener's error in the preparation of the
deed, the City at this time owns a parcel of land originally
intended to be conveyed pursuant to the deed, specifically the
pump station, and WASA owns a parcel not intended to be
conveyed pursuant to the deed, specifically Bicentennial Park.
It is therefore recommended that the Commission approve the
attached resolution authorizing the execution of a corrective
deed which will rectify the aforementioned scrivener's error.