HomeMy WebLinkAboutR-81-0452RESOLUTION No . , 81 452
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS EFFECTING THE TRANSFER OF
CERTAIN CITY OWNED PROPERTIES TO bADE COUNTY
TO 13UI1,D THE METRORAIL SYSTEM IN EXCHANGE
FOR A PARCELOFCOUNTY OWNED LAND TO BE
TRANSFERRED TO THE CITY FOR DEVELOPMENT OF
THE OVERTOWN SHOPPING CENTER'.
WHEREAS, the City of Miami owns in fee simple absolute
certainparcels of land within and along the Metrorail align-
ment that are essential to the development of the Metrorai'l
system; and
WHEREAS. Dade County owns in fee simple absolute a`cer-
tain parcel of land adjacent to the City of Miami proposed
Overtown Shopping Center at NW 3rd Avenue and 15th Street that
is essential to the development of said shopping center; and
WHEREAS, Dade County has requested transfer of these
City owned parcelstothe County in exchange for the above
described County parcel; and
WHEREAS, the transfer of said properties is a fair and
equitable exchange for Dade County and the City of Miami and in
the best interests of the entire community;
NOW, THEREFORE, :BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section'1. The City Manager is hereby authorized to
execute a land 'exchange agreement between the City of Miami and
Dade County wherein title for approximately .901 acres of City
owned property along the Metr,orail alignment will be transferred
to Dade County in exchange for 0 621'acres of Count- owned
property at NW 3rd Avenue and 15th Street, said transfer being
made to allow Dade County to build the Metrorail System and to
allow the City to develop the Overtown Shopping Center.
CITY COMMISSION
MEETING OF
MAY S 1981
.� 2Yt� R
xtse�aeteRURear�lllt
i
1`Ifitz! GF �1C% `,1EMOtt Noum
To: HOWArd V. Cary May 210 1951
City Manager
City/County band 8wa.p
Santa Clam. Transit Station
oseph IV, McManus t7=1
Acting bi re ct or A66"
Manning Department
It is recommended that the City `M
Commission Authorize the City
Manager to execute an agreement
which > transfers certain City owned
properties to Dade County for the
1letrorail -Transit System in exchange
for a parcel of land to be trans-
ferred to the Cityfor development
of the Overtown Shopping Center per
the attached resolution.
Dade County must have several parcels of City -owned land between
the Culmer and Santa Clara Transit Stations to build the Nletro-
rail system, and based on the precedent of the Lummus Island
land swap with the City, , has requested a similar transfer of
properties. Specifically, the County is requesting the old City
medical' office property at NT W 11th Street and 11th Street Road
for the Culmer Station site, a 14000 square foot site adjacent
to Fire ,Station -4�5 at approximately 1250 NW 20th Street for a
traction` power substation serving the Santa Clara and Civic Center
Transit` Stations, a ten foot wide strip of land, 580 feet long
along both sidesofNW 12th Avenue from NW 20th Street to 19th -
Street for guideway right-of-way, and a 14 square foot parcel from
the NE corner of ;the Overtown'-mini-park -at'` approximately 1050 N14
2nd- Avenue for guideway right-of-way.
The City has reviewed County -owned parcels of use to the City and
determined that a portion of the County R-10 project at NW 3rd
Avenue and 1'5th Street is needed, by the City to expand the planned
Overtown Shopping Center 'parking facilities. In total, the; County
is requesting five parcels totalling 0.9 acres' and the City is re-
questing in exchange, one parcel of 0.62 acres. This land exchange
agreement would accomplish the objectives of both the City an4 County
in "expediting these important projects.
It is requested that this item be scheduled on the City Commission
agenda of May 28, 1981.
81 - 452
this t1gr�;ement by both parties, the CJ'1'Y hez•eby, agreos to deed,
(',1C1]aT2 ti,ansfor, 1eloase and assijill ¢rood, ITarket}LbIC?, and 1
's
t
i:ITY or `.fIANfi,
iN7�x�-C7��1C% `•1iMC::7r'�t'`!(DtJtvl
toward V, 'dark r:..,: �tav 2i,98i
Tn K.�
tity �'lanaget
City/County Land Snap t
Santa Clara Transit Station
rR.7M osep ��1c�Ianus
Act Ing bi rect or _....>;
Planning Department--------------------
-
Itis ,recommended that the City
Commission authorize the City .�
Manager to execute an agreement
which transfers certain City owned
properties to Dade 'County for the --�
Metrorail Transit System in exchange
for a'parcel of land to be trans-
ferred to the `City: for development
of the Overtown Shopping Center per
the attached resolution.
Dade` County must have several parcels of City -owned land between
-the Culmer and Santa Clara Transit Stations to build the Metro
rail system, and based on the precedent of the Lummus Island
land swap with the City, has requested a similar transfer of
properties. Specifically', theCountyis requesting the old City
medical office property at NIV 11th Street and 11th ;Street Road
for the Culmer Station site, a 14,000 square foot site adjacent
to Fire Station =5 at approximately 1250 NW 20th Street for a
traction' power substation serving the Santa Clara and 'Civic` Center
Transit Stations, a ten foot wide strip of land, 580 feet long
along both sides of NW 12th Avenue from NW 20th Street to 19th
Street for guideway right-of-way, and a 14 square foot ' parcel from
the NE corner of the Overtown mini' -park •at approximately 1050 NW
2nd"Avenue for guideway right-of-way.
The City has reviewed County -owned parcels of use to the City and
determined that a:portion 'of the County R-10 project at NIV 3rd
Avenue and 15th Street is needed by the City to expand the planned
Overtown Shopping Center parking facilities. In total, the County
is requesting five parcels totalling 0.9 acres and the City is re-
questing in exchange,' one parcel of 0.62 acres. This land exchange
agreement would accomplish the objectives of both the City an4 County
in expediting these important projects.
It is requested that this item be'scheduled on the City Commission
agenda of May 28, 19S1.
S1 - 452
LANb t!KC1I �i`ir� :..AclzEy,�IEtiT
TIM LAND E�C►tAN68 AME -NiENT, made and entered into
this day of 1981, by and between bade County,
a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY", and the City of Miami, a municipal
corporation of the State of Florida; het•c�i.naftet^ referred to as
the "CI.I, ",
vITN ESSETI1:`
WHEREAS, the CITY owns in fee simple absolute ' 9C1 acres of
land in fire parcels located along, the Stage I Metrorail Transit
Ali.nment; -and
IMEREAS, the COUNTY has applied to the CITY for conveyance
of these parcels.from the CITY; and
WHEREAS, the CITY has requested transfer of a certain parcel
of land owned by the COUNTY; and
WHEREAS, Chapter 125.38, Florida Statutes permits the convey-
ance of County -owned real property ,to a muncipality,
701'i', THEREFORE) IN CONSIDERATIONof the mutual covenants here-
inafter set forth, it is understood and agreed as follows:
1. It is hereby warranted by the CITY and acknowledged by
the 'parties hereto that the CITY is presently fee simple owner of
approximately .901 acres of land located adjacent to or within
the designated right-of-way for the Metror'ail Transit System
between the Overtown and Santa Clara transit stations, all within
Dade County, Florida, and more particularly described by survey
sketch and le(,al description attached 'hereto and made apart here-
of as E_nhibit A,
11'i thin thirty (30) days from the date of eNecuti.on Of
this Atrroemont lit= bath JJ',1rties, the CI`1'Y hereby agrees to deed,
e chan-r-, transfer reloase and assign good, marketable, and int
Ate\
WAN
stir able fee simple absolute title to those certain
parcels of property described in Exhibit A hereto, ,to
the COUNTY, its successors and assi.n; by General
Warranty Deed. Said deed shall 'contain language substan=
tially similar to the following reverter provision
The CITY grants all the real
property 'noted in this deed
to the COUNTY so long as the
COUNTY utilizes said property_
for the-1letrorail System and
associated uses. In the event
that the COUNTYdoes not use
the property for the Metro
rail System or associated
uses or conveys or attempts
to covey all or a portion . of
the property, then all the
property described herein will
revert back to the CITY or its
successorsor assigns at the
option of the CITY.
2. Upon request by the CITY, simultaneously with the
COUNTY'S receipt of title to the property described in
Exhibit A of this Agreement, the COUNTY shall convey to the
CITY, by County Deed, a portion of the property known as
Townpark Subdivision 4 U. R.-Project Fla. R-10 87-521
Tract 10, more particularly described as legal description
attached hereto and made' a part hereof as' Exhibit B,
3. Except for the recordation of the deed described in
paragraph 1 hereof , anyand all documentary stcunps or recordinn
fees which shall be due as'a result of ahy conveyance UhdeV
this tatid t,,�chahge Agreement shall be t-)aid by the CITY,
4, This land txchahge Agreement Contains the entire
Agreement between the parties hereto and all previous nego
tiations leading thereto and it may be modified only by an
Areement in writing signed and sealed by CITY and COUNTY,
5 It is understood and agreed between the parties here-
to that written notice addressed to COUNITY and mailed Certified
Mail Return Receipt Requested to the County Manager, bade County
Courthouse, Miami, Florida 33130, shall provide sufficient notice
to the CtOU','�TY and written notice addressed to the CITY and mailed
Certified 'Mail Return Receipt Requested to the City' Manager, City
of Miami, City Hall, \Miami, Florida, shall ' constitute sufficient
notice to the CITY to comply with the terms of this Agreement,
Notices as provided herein in this paragraph shall include all
notices required in this Agreement or required by law.
6. Subject to the terms, conditions and covenants of this
Agreement, it is recognized by the parties that the respective`
properties shall remain peaceably held and enjoyed without hinder-
ance or interference until such times as the properties are con-
veyed. Unless otherwise noted herein, all properties are to be
conveyed in as good condition as they now are except for normal'
wear : and damage by the elements.
7. If any paragraph, section,subsection, 'sentence, clause
or provision of this 'Agreement is held invalid, the remainder of
this Agreement shall not be affected by such invalidity; provided,
that if the transaction described Iii paragraph hereof is not
-45
Obn8Uma.teC then and in that extent this Agreement shall'
become null and void,
if for any reason except as noted in paragraph 1 of
this Agreement, and for aterm of three (3) years from the
date of execution of this Agreement by both parties, the
COUNTY is unable to develop the property described in
Exhibit A of this Agreement as part of the Dade County Metro -
rail transit ,system or associated 'uses, then title ,to the
property described in E%hibit A of this Agreement will be
reconveyed back to the CITY and title to the property, if
in CITY ownership, described in Exhibit B will revert back
to the COUNTY.
9. Following the initial transfers of title between the
parties,,to.wit: the properties described in Exhibits A and
B, then should any party hereto be delayed in or prevented,
in whole or in part, from performing any obligation' or condi-
tion hereunder or from exercising itsrights by reason of or
as a result of any force majeure, such 'party shall 'be excused
from performing that obligation or condition until such time
as it is able. In all' other respects, this Agreement shall
remain in _full force and effect.
10. It is expressly agreed and acknowledged by both parties
to this Agreement that no provision of this Agreement is meant
or intended to be inconsistent or in conflict with the power
of the pasties as set out in the Co►lstitutioti of the State of
Florida, the laws of Floridit, the Homo Rul.e and City Charters
, nd any other ordinance of COUNT' oi• CITY presently in effect.
t
11, This - Agreement shall ehure to -and be bit ding upon
all successors h.hd/oe 'assigns to the parties heretounless
expressly provided herein,` ` No 'assi.f,hMent of this Ageeement
of any rights' or duties thereunder, unless expressly provided
herein, shall be permitted without the written consent of the
parties,
12, This Agreement shall he executed in such form as to be
recordable in the >Public Records of Dade County, Florida.
ITV WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials there -
unto duly authorized this day of 1981.
DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
M. R. STIERHEIM
Counts :Manager_
(OFFICIALSEAL)
ATTEST:
RICIiARD P..BRINKER, CLERK
By:
(Deputy- Clerk) THE CITY OF MIAMI , a municipal
corporation of the State of
Florida
By:
HOi1 ARD . V . GARY
City clerk City' Manager
Authorred by City of �ii_auni: Resolution No.
Authorized by Dade County, 'Resolution Nu.
Approved by County Attorney as
to form and le"a] suf f i c tency,
Approved ;by City Attorney as tca
form and legal suf f i ci ency
CC�dT�E",Ci: N 2CC
PARCEL NO" 7N '20014
.A portion of TVAct "A", MIAMI 11UNICtPAL>TRACT,
according to the plat 'thereof,
as recorded it) Plat 51, I'acle 84 of the
Publ i o Records of Dade CUutrty,
Florida, tieing r;or,e Particulc,i,ly described as
follows.
CCU., NCB at the '1o►�theast Cnrnet� of _ the
Northwest 1/4 of Section �5,
Tow,nsh p 53 fi:�uth, Ral)ge 41 East; thence S 1°
24' 55" E along the Fast lino of
said Northwest -1/4 for 35.00 feet to an
intersection with the easterly
pr•olot tiation of the North line of said TRACT
"A"; thence S 87' 46' 56' W along
said prolongation and said North line for
267,89 `eet to the POINIT OF
EiE,31NLIIlkG; thence continue S 87' 46' 56"
W along said -'North line fryr
100.00 feet; thence S1° 24' 55' c for 140.00'
feet; thence IN 870 46' 56" E f,or
` 100.00 feet; thence Nd-1' 21' 55" W for 1,10.00
feet to the POINT OF BE-GINiNINIG.
Containing 13,999 square feet more or less.
4-6-81`
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Page 52, of the Public Records of Dade Cotr:t- Florida, be,.
particularly larly described as fo11o'. s:
Be,ir at the Southeast corner of said Tract 10; t h. S2'O49'21"w'
aloe -the South bou::dary• lire of said Tr act 10 fcr 1;�0.9c ' fee �;
th-nce 1;03'21100"K for 70.02 feet; thence h87040121 „£ fcr [0.07
fee . ; the: -ice 1;0 ° 1! 00',W for 1: _5 0 fe: ;: ',he•:ce by "* "18'IE 'Lcr
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for 3.9.5.8-. feet to the PC;, + of
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