HomeMy WebLinkAboutR-87-1008J-87-956
10/28/87
RESOLUTION NO. 97-1008
A RESOLUTION AUTHORIZING AND INSTRUCTING THE
CITY ATTORNEY'S OFFICE TO INSTITUTE A QUIET
_ TITLE ACTION TO DECLARE FEE SIMPLE TITLE IN
THE CITY, FREE AND CLEAR FROM ALL
RESTRICTIONS, REVERTERS AND ENCUMBRANCES, FOR
THE PROPERTY LOCATED ON THE EAST SIDE OF
BRICKELL AVENUE KNOWN AS BRICKELL PARK, AND
CONTIGUOUS VACANT MAUSOLEUM AND PRIVATE
BURIAL GROUND PROPERTY.
WHEREAS, the City of Miami was deeded a tra of lan
August 19, 1924 by the then remaining members the ickel
family, said property to be known as "Brickell Par d
WHEREAS, the "indenture" giving t Ci thi erty
provides for the City to maintain a vate bur 1 ground in
perpetuity on the northern portion o e erty• nd
WHEREAS, said "indenture" contains ev clause stating
that should the City cease to as a park or as a
private burial ground, the er hall revert to the heirs of
the Brickell family;
WHEREAS, Flor' Statute ion 65.021 provides that a
quiet title action or the oval of any and all clouds on
titles of 1 be y any person or corporation; and
WHERE , Commission, in order to provide clear
titl an urchas of said property, finds it necessary to
i tute q itle action in the Circuit Court of Dade
`6
Co orid to obtain a judicial determination of any and all
aim f Brickell heirs and to declare fee simple title in
S'
e City.
THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby instructed to
institute a quiet title action in the Circuit Court of Dade
County, Florida in order to declare fee simple title in the City,
free and clear from all restrictions, reverters and encumbrances,
for the property located on the east side of Brilke ,t kM
MEETING OF
NOV 19 1987
Rescinded by R-96-139
known as nriobell Park, and the contiguous vacant mausoleum and
private burial ground property.
Section 8. All costs and expenses incurred in the quiet
title action shall be paid by the Downtown Development Authority,
including all nnnto of service of process, filings, depositions,
publication.
pAGBoo AND 8onPTou this _19th_ day of . 1987.
MA'TfY HIRAI, City Clerk
City Attorne
4Nu
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87-1008
_2_
: Rescinded byF-QO'130
SO
57E
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. HOnorW(Mayor and DATE: October 26, 1987 FILE: A-87-104
yember's of the City Commission
sueJEcr:
Quiet title action
FROM: L.nci3 A Dou e r t y REFERENCES: Brickell Park/Mary Brickell
'City Attorney) Gravesite
ENCLOSURES: \ 2
The City of Miami was given a parcel of land on
August 19, 1924 by the then remaining members of the Brickell
family. Along with stating that a portion of the property should
be used as a park in perpetuity, this indenture and the
dedication, executed on August 9, 1921, state that the City is to
provide, in perpetuity, for the care and improvement of a family
burial ground, located on the northern edge of the property. A
reverter clause in the deed provides that should the City fail to
carry out these duties, the land shall "reinvest" in the heirs of
the Brickell family.
The bodies were exhumed from the burial ground in I951, and
both parcels of land have been unused for quite some time. The
DDA, at this time, wishes to sell the park and the burial ground,
but to provide the purchaser title unencumbered by the reverter
clause, a quiet title action is recommended by the City
Attorney's office. The Downtown Development Authority has agreed
to cover all costs associated with this litigation. The attached
resolution will enable the City Attorney's office to proceed with
the stated action.
Attached also is a copy of a memo from Roy .F. Kenzie,
Executive Director, Downtown Development Authority dated
October 8, 1987, requesting said action.
LAD/GMM/SR/rcl/P620
enclosure
87-1006
DEVELOPMEW AUTHORITY
1618 One Biscayne Tower
Marm Florida 33131
(M5)579.6675
M E M O R A N D U M
October 8, 1987
T0: Miriam Maer
Assistant City/Attorney
FROM: Roy F. Kenzie/
RE: Brickell Park
Please proceed with the quiet title suit recommended in your'
9/25/87 memo.
The DDA wilt cover all filing and other costs related to the
suit.
As far as the disclaimers from Brickell family members under
Chapter 689.21 F.S.) iZ you provide me with the desired language,
we will seek out surviving heirs for execution of disclaimers.
We have solicited appraisers for the Park and Point properties
and expect to have appraisals completed by the end of October.
RFK:PJA/cs