HomeMy WebLinkAboutR-89-1152r
J-89-1109
11/].5/89
RESOLUTION NO. 139--lIL52
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
AND DIRECTING THAT THE PREVIOUSLY APPROVED
RELEASE BY THE CITY TO THE INTERNATIONAL
OCEANOGRAPHIC FOUNDATION OF DEED RESTRICTIONS
IN CONNECTION WITH CERTAIN LAND LOCATED ON
VIRGINIA KEY PROVIDE FOR THE RETENTION BY THE
CITY OF A "PUBLIC PURPOSE" REVERSIONARY
INTEREST AS SUBSTANTIALLY SET FORTH IN THE
ATTACHED INSTRUMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID INSTRUMENT
WHEREBY THE CITY COVENANTS THAT SAID
FOUNDATION AND ITS SUCCESSORS IN INTEREST
SHALL HAVE ACCESS ACROSS CITY -OWNED LAND TO
THE NEARBY BODY OF WATER AS DESCRIBED HEREIN;
FURTHER APPROVING THE LETTER OF COMMITMENT
REGARDING SCHOLARSHIPS TO THE UNIVERSITY OF
MIAMI AS PREVIOUSLY PROVIDED IN RESOLUTION
NO. 89-440, ADOPTED MAY 11, 1989.
WHEREAS, on May 11, 1989, by Resolution No. 89-440, the City
Commission resolved to release the reverter rights maintained on
formerly owned City property located on Virginia Key; and
WHEREAS, because it is in the City's best interest to
qualify and limit said release to retain a "public purpose"
reversionary interest in said property; and
WHEREAS, the proposed educational and scholastic use of the
property by its present or subsequent owner will require access
to the immediately adjacent LAGOON across presently owned City
property;
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 Z. The previously approved release by the City
to the International Oceanographic Foundation ("Foundation")
shall be modified so as to provide for the retention by the City
of a "public purpose" reversionary interest as substantially set
forth in the attached instrument.
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Section 3. Upon receipt of a duly executed amendment of
the reverter rights from Dade County relative to this property,
/ the City Manager is authorized to execute the attached instrument
modifying the reverter rights reflected in the previously
approved release.
Section 4. The City Manager is hereby further authorized
to execute the attached instrument whereby the City covenants
that said Foundation and its successors in interest shall have
access, as limited and qualified therein, across City -owned land
to the nearby body of water (LAGOON) described therein.
Section 5. The attached form and language of the draft
letter of commitment, by the University of Miami to the City of
Miami providing for scholarships to the University as previously
provided in Resolution No. 89-440, adopted May 11, 1989, is
hereby approved.
Section 6. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of December 1989.
ell"
XAVIER L. SUARAY, MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
ISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
WB/ebr/M1286
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kanorable Mayor and
Members of the City Commission
city of Kismi
3500 Pan AuOrican Drive
Miatai, Florida 33113
Ladies and Gentlemen:
Pursuant to Resolution No. 09-440, adopted May 11, 1989,
this latter shall serve as a letter of commitment on behalf of the
University of Miami to provide to students who are city of Miami
residents, half -tuition scholarships to attend the University of
Miami on the terms and conditions Q;�ut below. The University
makes this commitment in consid n of the action taken by the
City of Miami to modify a\pndition in its deed of land on
Virginia Key to the Internat al Oceanographic: Foundation ("IOF")
to facilitate the sale of said property by
IOF to Dade County
Public Schools. This commitment is contingent
on the sale of said
property to Dade County Public Schools.
VALLUA btu TION OF SCHOLARSHIPS
&ED
The University shall award a total of one hundred twenty.
(120) half -tuition one year (Fell and
spring semesters)
scholarships over a period of ten (10) years,
commencing in the
Fall semester following the closing of they
sale to the School
Board. The value of this scholarship program will approxi:aata
s
$1,000,000.00 over the period of the program.
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*fi UATI�NB_ OF —RECIPIENTS
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The reoipients of the scholarships shall be residents of the City
of Miami who have been determined eligible to attend the University
under normal University admission standards based on academic
ability and who have the economic need for the half -tuition
scholarships as determined by established criteria of the
'
University. The University will use its best efforts to use
federal entitlement programs, state vouchers and other comparable
scholarship monies to make up the other half of the tuition, as
needed.
—
The recipients shae nominated by the City Commission
on an annual basis from the names contained on a list of eligible
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students, submitted to the designee of the City commission by the
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University of Miami.
Thank you for your assistance and cooperation in this
matter.
Cordially, 3
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Edward T. Foote II rK
President
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LOCATION: VIRGINIA KEY
DEED OF RELEASE
8NQ
COVENA14T OF WATER ACCESS
THIS DEED OF RELEASE, made this day of _ , A.D.,
by and between THE CITY OF MIAMI, a municipal
corporation of the State of Florida, in the County of Dade, its
successors in interest and/or assigns (the "City"), and THE
INTERNATIONAL OCEANOGRAPHIC FOUNDATION, a .publicly supported
educational institution under current Internal Revenue Service
regulations, whose principal place of business is 3979
Rickenbacker Causeway, Miami, Florida, its successors in interest
and/or assigns (the "I.O.F.").
WITNESSETHs
THAT, the City, for and in consideration of the sum of One
($1.00) Dollar and other good and valuable considerations,
receipt of which is hereby acknowledged, for the purpose of
narrowly expanding the limited permissive uses of the below
described parcel of land (hereinafter "the Parcel") beyond "the
operation of an International Oceanographic Foundation Ocean
Space Center Museum and allied purposes" to include "any public
purpose", but no other; does hereby release and remise unto the
I.O.F., its successors or assigns, forever: (a) the first (1st),
third (3rd) and seventh (7th) restrictive covenants contained in
the CITY DEED, granted by the City to the I.O.F. on June 7, 1972,
and recorded June 14, 1972, at ORB 7756, beginning on page 742;
and (b) the fifth (5th) restrictive covenant/right of reverter,
contained in said instrument, except that the City shall retain a
right of reverter in the Parcel if the Parcel is utilized or
maintained for any purpose other than a "public purpose". Use of
the Parcel for a non-public purpose shall remain prohibited and,
in the event the Parcel is not used for a public purpose at any
time, the Parcel shall automatically revert in fee simple to the
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City. The parcel, situate, lying and being on Virginia Key, in
the County of Dade and State of Florida, is described as tollQws� �
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Commence at the S.E. corner of Section 17,
Township 054 South, Range 42 East; thence run
North 89 56149.5" West along the southerly
line of said Section 17 for a distance of
1709.52 feet, more or less, to a point of
intersection with a line being 660.00 feet
northeasterly of, and parallel with the
renter line o9 Rickenbacker Causeway; thence
run North 45 22'07" West along said line '
being 660.00 feet northeasterly of, and
parallel with the center line of Rickenbacker
Causeway for a distance of 809.40 feet to the
Point of Beginning for the hereinafter
described tract; thence continue North 45
22107" West along said line for a distance of
1,�45.00 feet to a point; thence run South
44 37153" West for a distance oS 460.00 feet
to a point; thence run South 45 22'07" East
along a line being 200.00 feet northeasterly
of and parallel with, said center line of
Rickenbacker Causeway for a distance os
978.03 feet to a point; thence run North 64
34'51.5" East for a distance of 489.37 feet
to the Point of Beginning. CONSISTING OF
11.21 ACRES.
THAT FURTHER, the said City, without the passage of
consideration, does hereby covenant and agree to permit water
access by the I.O.F., its successors or assigns, to the "Lagoon"
North/Northeast of the above described parcel of land (the
"Benefited Property") over the property presently owned by the
City more fully described below (the "Burdened Property"),
subject to the following conditions:
1. The covenant memorialized in this instrument is not to
be construed as an interest in land concerning the Burdened
Property and shall not be binding upon the successors in interest
of the City, if any.
2. The right of access permitted by this covenant across
the Burdened Property shall be conditioned upon the use of said
right for purposes related to the educational and scholastic uses
of the Benefited Property only and to no other.
— 3. The Burdened Property shall be described as the land
now owned by the City located directly between the Lagoon and the
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1 Benefited Property, to wit:
as:
Commence at the S.E. corner of Section 17,
Townsotip 54 South, Range 42 East; thence run
N 89 56,49,5" W along the southerly line of
said Section 17 for a distance of 1709.52
feet, more or less, to a point of
intersection with a line being 660.00 feet
northeasterly of and parallel with the
centerline of Rickenbacker Causeway; thence
run N 45022,07" W along said line being
660.00 feet northeasterly of and parallel
with the centerline of Rickenbacker Causeway
for a distance of 809.40 feet to the
Southeast corner of PLANET OCEAN property
(O.R.B. 7756 Pg. 742), said corner also being
the P.O.B. of the hereinafter gescribed
parcel of land; thence continue N 45 22'07" W
along the northeasterly.property line of said
PLANET OCEAN property for a distance of 1145
feet to the northwesterly cornoer of Planet
Ocean property; thence run N 44 37'53" E for
a distance of 60 feet to a point on a line,
said line being 720 feet northeasterly of the
centerline of Rickenbacker Causeway, said
point also being the apprgximate mean low
water line; thence run S 45 22'07" E, along
said line being 720' northeasterly of and -
parallel with the centerline of Rickenbacker
Causeway, for a distance of 679.6 feet more
or less to the point of curve of a circular
curve to the left, having a radius of 710
feet and a central angle of 31°08'58"; thence
run along the arc of said curve for a
distance of 386 feebt to a point on a radial
life bearing S 13 28155" W; thence run S
13 28155" W, along said radial line, for a
distance of 189.72 feet more or less to the
Point of Beginning. CONTAINING 1.90± ACRES.
4. As to that portion of the Burdened Property described
Commence at the S.E. corner of Section 17..
Town$hip 54 South, Range 42 East; thence run
N 89 56'49.5" W along the southerly line of
said Section 17 for a distance of 1709.52
feet, more or less, to a point of
intersection with a line being 660.00 feet
northeasterly of and parallel with the
centerline of Rickenbacker Causeway; thence
run N 45022107" W along said line being
660.00 feet northeasterly of and parallel
with the centerline of Rickenbacker Causeway
for a distance of 1954.4 feet to the
northwesterly corner of PLANET OCEAN property
(O.R.B. 7756 Pg. 742), said corner also being
the P.O.B. of the hereinafter described
parcel of land; thence run N 44 3715311 E for
a distance of 60 feet to a point on a line,
said line being 720 feet northeasterly of and
parallel with the centerline of Rickenbacker
Causeway and the approximate mean low water
line; thence run S 45 22'07" E, along said
line being 720' northeasterly of and parallel
with the centerline of Rickenbacker Causewayr
for a distance of 679.6 feet more 'or lees to
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a point, said point also being the point of
cu nature of a circular curve; thence run S
44�37,53" W along a radial line to said
circular curve for a distance of 60 feet to a
point on the northeasterly prboperty line of
Planet Ocean; thence run N 45 22'07" W along
said northeasterly property line of Planet
Ocean for a distance of 679.6 feet more or
less to the Point of Beginning. CONTAINING
0.94± OF AN ACRE.
the right of access shall be maintained for as long as an
educational and scholastic use is made of the Benefited Property.
5. As to that portion of the Burdened. Property described
ass
Commence at the S.E. corner of Section 17,
Town$hip 54 South, Range 42 East; thence run
N 89 56'49.5" W along the southerly line of
said Section 17 for a distance of 1709.52
feet, more or less to a point of intersection
with a line being 660.00 feet northeasterly
of and parallel with the centerline of
Rickenbacker Causeway; thence run N 45 22'07"
W along said line being 660.00 feet
northeasterly of and parallel with the
centerline of Rickenbacker Causeway for a
distance of 809.40 feet to the southeast
corner of PLANET OCEAN property, (O.R.B. 7756
Pg. 742), said corner also being the P.O.B.
of the hereinafter described parcel of land;
thence continue N 45 22'07" W along the
— northeasterly property line of said PLANET
OCEAN property for a distance of 465.4 feet
more or less to a point, said point being on
a radial line to a circular curve bearing N
44 37153" E; thence run along said line for a
distance of 60 feet to a point of curve,
concave to the northeast, having a rsdius of
710 feet and a central angle of 31 08'58",
said point of curve being 720 feet
northeasterly of the centerline of
Rickenbacker Causeway, and the approximate
mean low water line; thence run along the arc
of said curve for a distance of 386 beet to
point on a radial line, bearing S 13 28,55"
W; thence run S 13°28'55" W along said radial
line, for a distance of 189.72 feet more or
less to the Point of Beginning. CONTAINING
0.96± OF AN ACRE.
the CITY shall enjoy the right to withdraw the right of access at
its sole discretion for any reason, and at any time.
Any and all rights granted to I.O.F., its successors or
assigns, in this instrument shall inure to the benefit of
I.p.F.'s successors or assigns to ownership of the parcel without
the necessity of
any further conveyance or other Writingo
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IN WITNESS WHEREOF, THE Chit OF MIAMI, a municipal
corporation of the State of Florida, in the County of Dade, has
caused this instrument to be executed in its name and its
corporate seal to be affixed hereto by its City Manager and its
City Clerk, both duly authorized this day of ,
A.D., 19
Signed, Sealed and Delivered
in the Presence of:
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
THE CITY OF MIAMI, FLORIDA
By,;
CESAR H. ODIO, As City Manager
Attest:
MATTY HIRAI, As City Clerk
I, an officer authorized to take acknowledgments and to
administer oaths, HEREBY CERTIFY that on this day of
A.D. 19,_,_1 personally appeared before me CESAR H. ODIO
and MATTY HIRAI, known to me to be the City Manager and the City
Clerk, respectively, of THE CITY OF MIAMI, a municipal
corporation in and under the laws of the State of Florida, and
known to me to 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 affixed
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 corporation.
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FITNESS my hand and official seal in said County and State
the day and year last aforesaid.
My Notary Public, State of
Commission Expires;
Florida at Large
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APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ, City Attorney
APPROVED AS TO DESCRIPTION:
LUIS PRIETO, Director,
Department of Public Works
THIS INSTRUMENT IS EXECUTED PURSUANT TO
RESOLUTION NO.
PASSED AND ADOPTED
This Instrument Prepared By
Department of Public Works
If City of Miami, Florida
WB/cm/M004
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ToCesar H. radio DATE! November 30, 1989 FILE:
:
City Manager SUBJECT: Planet Ocean Partial Release
of Deed Restriction and
Grant of Water Access
FROM REFERENCES city Commission Meeting
JojFge L. Fernandez Y'
City Atorney ENCLOSURES :December 14, 1989
t1)
We have prepared the attached proposed Resolution at the
request of Commissioner ' Plummer -`and recommend � that'- it be pla+ ed
on the December 14, 1999.City Commission Meeting Agenda.
y.The. Inter►ational Oceanographic FoundationIOF)! in
association ww:th the University 'of` Miami, the cur'rant-'owmer brad
operator Planet,0cean, has been unable to.,feasibly operate.th®
facility which pro'v det , marinerrelated educational"'prograims. ,
With .the „assx tance of Commissioner Plummer, an agreement has
been negotiated with the University to sell the property. to_ the
Dade -County School Board, Which will continue to provide marineM
related`'rogramsmi ite .' Tn 'order } °f innlize ' thie` pro.,
theme atta+ched.,Resolut on is required to: {a) authorite -'.tha
execution of ''a `' `Deed ' of Melease °which ` broadens °'''ehe:'� pe�diis�ble
u es. ;.of .the Planet Ocean, Property; (b) grant water access f��t�q
ttje Planet Ocean"property `to'� `the LAGOON 'across `City'�proper � x thud t
3) approve the terms of the University of Miami's proposed
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Letter of Commitment to provide approximately 120 half tultwiilyl
Q C+1j�/� B 2l�]s QYer the next 10 years to eligible resident stus►t$ ; �R
of#�e� City of 'Miami: �
Vier L Suarex _.
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