HomeMy WebLinkAboutR-90-0421J--90-8 5
5/23 /90
RESOLUTION NO. 90— 421
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE A QUIT CLAIM
DEED, IN SUBSTANTIALLY THE ATTACHED FORM, TO
RICARDO MIRANDA AND ELSIE MIRANDA, HIS WIFE,
(AS TO AN UNDIVIDED FIFTY PERCENT INTEREST)
AND TO GERARDO J. GOMEZ, A MARRIED MA14 AND
ELSIE MIRANDA, A MARRIED WOMAN, (AS TO AN
UNDIVIDED FIFTY PERCENT INTEREST), ALL FOUR
OF WHOM ARE HEREINAFTER REFERRED TO
COLLECTIVELY AS THE "PROPERTY OWNERS", FOR
THE EAST 5 FEET OF THE WEST 10 FEET OF
LOT 22, BLOCK 3, "MARK'S SUBDIVISION OF
BLOCK 3", AS RECORDED IN PLAT BOOK 4,
PAGE 37, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, SUBJECT TO THE SIMULTANEOUS
EXECUTION OF A GENERAL WARRANTY DEED, IN
SUBSTANTIALLY THE ATTACHED FORM, FROM THE
PROPERTY OWNERS TO THE CITY OF MIAMI FOR, THE
WEST 5 FEET OF LOT 22, BLOCK 3 "MARK'S
SUBDIVISION OF BLOCK 3".
WHEREAS, on July 8, 1986, a warranty deed was executed to
the City of Miami ("City") by Ricardo Miranda, Trustee, then
owner of Lot 22, Block 3, of MARK'S SUBDIVISION OF BLOCK 3, which
conveyed to the City the East 5 feet of the West 10 feet of
Lot 22, Block 3, "MARK'S SUBDIVISION OF BLOCK 3", as recorded in
Plat Book 4, Page 37, of the Public Records of Dade County,
Florida, for right-of-way purposes; and
WHEREAS, said legal description was erroneous in that the
property to be conveyed is actually the West 5 feet of Lot 22,
Block 3, "MARK'S SUBDIVISION OF BLOCK 3", as recorded in Plat
Book 4, Page 37, of the Public Records of Dade County, Florida;
and
WHEREAS, the current owners of Lot 22, Ricardo Miranda and
Elsie Miranda, his
wife (as
to an undivided
fifty
percent
interest) and Gerardo
J. Gomez,
a married man and
Elsie
Miranda,
a married woman (as to an undivided fifty percent interest), all
four of whom are hereinafter referred to collectively as the
"Property Owners", have requested that the City assist them in
correcting this situation by executing a quit claim deed to the
f ATTA U--1 M E N TS"
CONTPNINE
CITY CC" iP�-"IISSIC3td
MEETING OF
J U N 7 1990
90- 421
RAIN f
P111
Property Owners for the East 5 feet of the West 1.0 feet of
Lot 22, Block 3, "MARK'S SUBDIVISION OF BLOCK 3", as recorded in
Plat Book 4, Page 37, of the Public Records of Dade County,
Florida, subject to the simultaneous execution of a warranty deed
by the Property Owners to the City of Miami for the Wept 5 feet
of.. Lot 22, Block 3, "MARK'S SUBDIVISION OF BLOCK 3", as recorded
in Plat Book 4, Page 37, of the Public Records of Dade County,
Florida; and
WHEREAS, the Department of Public Works has reviewed this
request and recommends the requested simultaneous exchange of
deeds;
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 to
execute a quit claim deed, in substantially the attached form,
conveying the East 5 feet of the West 10 feet of Lot 22, Block 3,
"MARK'S SUBDIVISION OF BLOCK 3", as recorded in Plat Book 4,
Page 37, of the Public Records of Dade County, Florida, to
Ricardo Miranda and Elsie Miranda, his wife (as to an undivided
fifty percent interest) and Gerardo J. Gomez, a married man and
Elsie Miranda, a married woman, (as to an undivided fifty percent
interest), all four of whom are hereinafter referred to as
"Property Owners", subject to receipt by City of an executed
warranty deed from the Property Owners to the City, in
substantially the attached form, conveying the West 5 feet of
Lot 22, Block 3, "MARK'S SUBDIVISION OF BLOCK 3", as recorded in
Plat Book 4, Page 37, of the Public Records of Dade County,
Florida.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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ba. 421
1_ %
PASSEL) AND ADOPTED this
1990.
ATTEST:
MAT IRAI, CITY CLERK
PREPARED AND APPROVED BY:
G. M IAM MAER
CHIEF ASSISTANT CITY ATTORNEY
7th day of June
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
0 E FE NANDEZ
C I Y ATTOREY
GMM,/ra/M1362
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4`';
LA
TRX CITY OF MTAMI
COtJI4TY OF DARE, STATE OF )pI,.ORMA
Tate Qua-Ct tt DssD, made this. dry of 19.--.--, by and betw
THE CITY OF MIAMI. a municipal corporation of the State of Florida, in the County of Dade, of the
first Pa, as grantor, and RICARDO MIRMiDA and ELSIE MIRANDA, his wife, as to
an undivided fifty percent interest and GERARDO J. 110ME7, a married
man and ELSIE MIRANDA, a married woman, as to an undivided fifty
percent interest
of the County of Dade an the State of Florida of the second pact„ as
grantee (the word "grantee" meaning either singular or plural and including the heirs. assigns, personal rep-
resentatives and successors thereof, where the content so requires or admits):
Wit: That the grantor, for and in consideration of the sum of One Dollar ($1.00) paid
by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has remawd„
releasad and quit -claimed. and by these presents does remise. release and quit -claim unto the aaid granter,
all the right. title, interest. claim and demand which the grantor has in and to the following described
lead, situate, lying and being in the County of Dade, State of Florida, to -wit:
The East 5 feet of the t-lest 10 feet of Lot 22, Block 3,
"Mark's Subdivision of Block 3", according to the Plat
thereof, as recorded in Plat Book 4, Page 37, of the
Public Records of Dade County, Florida.
To HAW AM TO HOLD the same together with all and singular the appurteaaace2 thereunto bdong-
ing or in anywise appertaining, and all the estate, right. title, interest and claim whatsoever of the said
grantor either at law or in equity, to the only proper use and benefit of the said grantee forever.
Irt WtTrtsas WHznw,'The City of Miami, a municipal corporation of
the State of Florida. has caused this instrument to be executed in its name and
its corporate seal to be affiied hereto, by its City Manager and its City Cleric.
both thereunto duly authorised, this day of 19
Signed. sealed and delivered in the presence of
THE CITY OF MIAMI
Cesar H. 0 d i o As City Manager
.... ....... ..........._._._._................ ....................... __........ _..... ATTEST........_............ ......... _.........._............ _...............
-•__•__...._........
As City Clerk
90- 421
STAT)t OF FIXMWA 1
COUNTY OF DADS j
1, an officer authorized to take acknowledgments, HERny cmrn7y that an thi; _____.-day of
19 , personally appeared before me__. Ces`:' E. Od*Lc)
_ And P•'latty Hirai
known to me to be the City Manager and the City Clerk, respectively, of THE CITY OF MIAMI, a mu-
nicipal corporation in and under the laws of the State of Florida, and known to me tc be the persons who
executed the foregoing instrument, and they severally acknowledged the execution thereof to be their free
and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they af-
fixed thereto the official seal of the said municipal corporation, all by and with the authority of law and
of the City Commission, and that the said instrument is the free and formal act of the said municipal cor-
poration.
WITNESS my hand and official seal in said County and State the day and year last aforesaid.
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Notary Public. State of Florida at Large
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Tim INSTRUMENT IS APPROVED AS TO DasCxa►sTON
EXECUTED PURSUANT TO
OmMANCE NO---....
AND l r,oLLTT1oN No� _ �--- Director of Public i�Wks
Ai"PixOVED AS FORM APraeovm As To TRAN&Acmji
Aide City Attorney
j
421
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wnna�nttr DrEn
$TATUTOPY
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�liis �ndentu�e,
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�dnrle tfti: ��' riot r)( April 1. 1). 11x0,0, 33e M11 RICARDD MIRAND4 and ELSIE
MIRANDA, his wife, as to an undivided fifty percent interest, and CTPJR RDO GOMEZ,
joined by his wife, ZOE MIRET GOMEZ, and ELSIE MIRANDA, joined by her husband*
oi fhe Cotinty of DADE I in I(i(, .`fate of FLORIDA • I)nrtiP_S of the first part, and
CITY OF MIAMI, a Municipal Corporation,
of the Counfv of Dade , in the Staff- of Florida . whose post office address is
part y of the second part.
itnesseth, Vint the said part ies of the first part, for and in consideration of the sum of
TFN AND N0/100 ($10.00)----------------------------------------------------- Dollars,
to theta in hand paid by the said party of the second part. the receipt whereof is hereby acknowl-
edped, have granted, bargained, and sold to the said party of the second part, its
and assigns forever, the follotuin.1 clescribed land. situate, and beirn in the County of DARE
State of FLORIDA• to-u"it:
The West 5.00 feet of Lot 22, Block 3, of PLAT OF BLOCK
3 OF MARK'S SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 4, at Page 37, of the Public
Records of Dade County, Florida.
*RICARDO MIRANDA, as to an undivided fifty percent interest
And the said part ies of the first part do hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
]n Witness Igher0f, The said part ies of the first part have
hand S and seals the day and year first above wriften. -
r
Signed, ed andVddt�ljlred i t priNence of:KONRDO MI
RANN
ELSIE
t
STATE OF FLORIDA,
COUNTY OF DADE J ..ZA�fiTIRET
hereunto set their
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(L.S.
I lIIiREBN' /CERTIFY—fF—aton this day, before me, an
officer duly authorized in the State aforesaid and in the Cuunty aforesaid to take acknowledgments, personally appeared
R.ICARDO MIRANDA and ELSIE MIRANDA, his wife; and GERARDO C#>NEZ, joined
by his wife, ZOE MIRET toNEZ
to me known to be the person S described in and who executed the foregoing instrument and they acknowledged
l)rforr nie that they rxrneted the samr.
WITNESS my hand and official seal in the County and Stair lays �oresaid this � yfr day of
April A. D. 19 90.
My ccnrdssion expares:-
11110DW PUBLIC, STATE OF FL'ORRM
MY CZ"ISStON EXPIRES. NOV. 17, 1991.
PrACMD TMNU horARY Pl►buc ut4o6itw*IT&P.&
10rARY PUBLIC, AT1 Otr FIART.D " AT 'LARGE
LINDA RUM-0ORTI1gA, ESQ.
Nis Iminwit-ut IN'cp:lwd I,v: 1EISBURD g EISFN, P.A.
Ad.Ins3 100 S. BISCAYVE BLVD. , SUITE 1010, MTAMI, FT,. 33131
SATISFACTTON OF MORTGAGE,
KNOW ALL MEN BY THESE PRESENTS: That: I CATHLEEN PAPPAS, a/k/a
CATHLEEN PAPPAS BRUNELLE, a single vroman, the owner and holder of
a certain mortgage deed executed by RICARDO "IRANDA, as Trustee,
to CATHLEEN PAPPAS, a/k/a CATHLEEN PAPPAS BRUNELLE, a single woman,
bearing date the 14th day of October, A.D. 1980, recorded in
Official Records Book 10903, Page 2321, in the office of the Clerk
of the Circuit Court of Dade County, State of Florida, securing a
certain note in the principal sum of. One hundred four Thousand and
00/100 ($104,000.00) Dollars, and certain promises and obligations
set forth in said mortgage deed, upon the property situate in said
State and County described as follows, to wit:
Lot 26, Block 2, of MARK'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 1, Page 28, of
the Public Records of Dade County, Florida,
and
Lot 22, Block 3, of MARK'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 4, Page 37, of
the Public Records of Dade County, Florida.
hereby acknowledges full payment and satisfaction of said note
and mortgage deed, and surrenders the same as cancelled, and
hereby directs the Clerk of the said Circuit Court to cancel the
same of record.
WITNESS my hand and seal, this ±~ day of
1990. (/
Signed, Sealed and Delivered in
Presence of:
CAthleen�Pappas, a'/k/a
Cathleen Pappas Qhelle
.'.KD vt.'e1!L
STATE OF FLORIDA) T'?:;'=�..? P. F.T::1,�;:.'�"
COUNTY OF DADE ) rL11K CRcull CAIUR
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid, to take acknowledgments, personally appeared CATHLEEN
PAPPAS, a/k/a CATHLEEN PAPPAS BRUNELLE, a single woman, to me
known to be the person described in and who executed the
foregoing instrument and she acknowledged before me that she
executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this = day of 1,;, <1990.
Notary Public
Tiy Commission Expires:
THIS INSTRUMENT PREPARED BY:
Gabriel Diaz-Bergnes, P.A.
3971 S.W. 8th St. #305 ,�•
Miami, Florida 33134
90- 421 � �
CITY OF MIAMI, FLORIDA
INFER -OFFICE MEMORANDUM
Honorable Mayor and Members DATE.Y n �nn�y Fi�E
of the City Commission 1 J JJU
SUBJECT Resolution and Quit
Claim Deed to
Miranda & Gomez at
2301 N.W. 2 Avenue
REFERENCES
Cesar H. Odi
City Manager ENCLOSURES
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute a
standard quit claim deed conveying the East 5 feet of the West 10
feet of Lot 22, Block 3, "MARK'S SUBDIVISION OF BLOCK 3", as
recorded in Plat Book 4, Page 37 of the Public Records of Dade
County, Florida, subject to the simultaneous execution of a
general warranty deed from the property owners to the City of
Miami for the West 5 feet of Lot 22, BlocK 3 "MARK'S SUBDIVISION
OF BLOCK 3"; further, providing that the quit claim deed and the
general warranty deed shall each be in a fora acceptable to the
City Attorney.
BACKGROUND:
On July B, 1986 a warranty deed was executed by Ricardo ''iiranda,
Trustee, then owner of Lot 22, Block 3, of said plat, said deed
dedicated "The East 5 feet of the West 10 feet of Lot 22, Block
3, of said Fiat" to the City of Miami for right of way purposes.
The abovernentioned portion of the legal description of said deed
which read: the East 5 feet of the West 10 feet of Lot 22, Block
3 of "MARK'S SUBDIVISION OF BLOCK , as recorded in Plat Book 4,
Page 37 of the Public Records of Dade County, Florida, was in
error. It should have read: the West 5 feet of Lot 22, Block 3,
of "MARK'S SUBDIVISION OF BLOCK 3", as recorded in flat Book 4,
Page 37 of the public Records of Dade County, Florida.
The current owners of Lot 22, Ricardo Miranda and Elsie Miranda,
his wife as to an undivided fifty per cent interest and Gerard J.
Gomez, a married man and Elsie Miranda, a married woman, as to an
undivided fifty per cent interest, have requested that the City
execute a quit claim deed to them for the cast 5 feet of the West
10 feet of Lot 22, B1ocK 3 of said plat.
90- 421
CAC�w-1
A
Honorable Mayor and Members
of -the City Commission
Page 2
Simultaneously with the City executing said quit claim deed, the
abovementioned owners will execute a warranty deed to the City of
^9iam i for the West 5 feet of Lot 22, Block 3 of said plat,
thereby correcting what should have been dedicated to the City.
The Department of Public forks has reviewed this request and
concurs that a conveyance by quit claim deed simultaneously with
a warranty deed is a fair and proper course of action in this
natter.
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