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HomeMy WebLinkAboutCorrective DeedU 111111111u111111 nH111111111111111111111n1 GFN 2J='05R1o58418 DR Bk 23852 F'es 4531 - 4539; (9 ) RECORDED 10/07/2005 11:26:11 HARVEY RUV1N, CLERK, OF COURT MIAMI-DADE COUNTY, FLORIDA THIS IS A CORRECTIVE DEED WHOSE ONLY PURPOSE IS TO AMEND THE LEGAL DESCRIPTION CONTAINED IN THAT CERTAIN DEED NO. 19448, DATED FEBRUARY 24, 1949, AND RECORDED ON APRIL 11, 1949, IN DEED BOOK 3130, PAGE 260, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BY EXCLUDING A PARCEL OF LAND THAT THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT • TRUST FUND OF THE STATE OF FLORIDA DID NOT OWN AT THE TIME OF THE CONVEYANCE BECAUSE THE LANDS WERE FILLED PRIOR TO THE REPEAL OF THE BUTLER ACT AND PRIOR TO THE ISSUANCE OF DEED NO. 19448. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA CORRECTIVE DEED No. 19448 CORRECTIVE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, "Grantor" under and by virtue of the authority of Section 253.12 Florida Statutes, 1941, and according to the provisions and procedure provided for in Section 253.13, Florida Statutes, 1941, and for and in consideration of the sum of Ten and 00/100 Dollars, and other good and valuable considerations to it in hand paid by City of Miami. Dade County. Florida, did grant, bargain, sell and convey to the said City of Miami and its successors and assigns, forever. "Grantee" the following described lands, to wit: All that submerged and partially submerged land in Sections 21 and 22, 23, 26, 27 and 35, Township 54 South, Range 41 East, which are more particularly described in DEED No. 19448, dated February 24, 1949, and recorded on April II, 1949, in Deed Book 3130, Page 260, Public Records of Miami -Dade County, Florida. WHEREAS, some of the lands described in Deed No. 19448 were filled prior to the repeal of the Butler Act, and therefore were not owned by the Grantor in 1949 when Deed No. 19448 was issued. NOW THEREFORE, the Grantor, under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of Ten dollars (S 10.00) and other good and valuable considerations, to it in hand paid by Grantee, whose address is Miami -Dade County. Florida, has remised, released. conveyed and quitclaimed unto said Grantee, its successors, and assigns forever, all the right, title, interest, claim and demand which the Grantor has in the following described lands to wit: All that submerged and partially submerged land in Sections 21 and 22, 23, 26, 27 and 35, Township 54 South, Range 41 East. which are more particularly described in DEED No. 19448, dated February 24, 1949, and recorded on April 11, 1949, in Deed Book 3130, Page 260, Public Records of Miami -Dade County, Florida. LESS AND EXCEPT THE FOLLOWING DESCRIBED FILLED, FORhMERLY SOVEREIGNTY LANDS: A portion of fractional Section 22, Township 54 South, Range 41 East, Miami -Dade County, Florida more particularly described as follows: Commence at the Southwest corner of the Northwest''Y4 of said Section 22; thence South 02°24'44" East for 136.00 feet to the southwesterly corner of a parcel conveyed by The Trustees of the Internal Improvement Trust Fund on 1929 and recorded in Deed Book 1 186 at Page 533 of the Public Records of Dade County, Florida; thence along the South line of said deed South 78°22'44" East for 49.22 feet to its intersection with the Easterly right-of-way line of SW 27`'' Avenue (formerly known as Grapeland Boulevard) as recorded in Deed Book 1459 at Page 42 of the Public Records of Dade County, Florida; thence along said right of way line South 15°19'44" East for 305.82 feet to its intersection with the US Pierhead-Bulkhead line of 1939 and also the Northwesterly line of T.I.LE. Deed to City of Miami recorded at Deed Book 3130 at Page 260; thence along said US Pier -head Bulkhead line South 77°01' 17" East for 6.36 feet to its intersection with the mean high water line of Biscayne Bay and the Point of Beginning; thence continue along said Pierhead line South 77°01 ' 17" East for 611.91 feet to its intersection with the mean high water line of Biscayne I3ay; thence along said mean high water line South 42°59'38" West for 307.78 feet; thence North 46°49'25" West for 529.85 feet to the Point of Beginning. PROVIDED, HOWEVER, anything herein to the contrary notwithstanding, this deed is given and granted upon the express condition subsequent that the Grantee herein or its successors and assigns shall never sell or convey or lease the above described land or any part thereof to any private person, firm or corporation for any private use or purpose, it being the intention of this restriction that the said lands shall be used solely for public purposes, including municipal purposes and not otherwise. PROVIDED, FURTHER, anything herein to the contrary notwithstanding, this deed is given and granted upon the further express condition subsequent that the Grantee herein or its successors or assigns shall not give or grant any license or permit to any private person, firm or corporation to construct or make by any means, any islands, fills, embankments, structures, Trustees' Deed No. 19448 Corrective Page 2 of 4 buildings or other similar things within or upon the above described lands or any part thereof for any private use or purpose, as distinguished from any public or municipal use or purpose. It is covenanted and agreed that the above conditions subsequent shall run with the land and any violation thereof shall render this deed null and void and the above described lands shall, in such event, revert to the Grantor or its successors. TO 1IAV'E AND TO I IOLD the said above mentioned and described land and premises, and all the title and interest of the Grantor therein as granted to it by Section 253.12, Florida Statutes, 1941 unto the said Grantee and its successors and assigns, forever. SAVING AND RESERVING unto the Grantor. and its successors, an undivided three - fourths interest in and title in and to an undivided three -fourth interest in all the phosphate, minerals and metals that are or may be in, on or under the said above described lands, and an undivided one-half interest in and title in and to an undivided one-half interest in all the petroleum that is or may be in or under the said above described land, with the privilege to mine and develop the same. Except as expressly set fourth herein, Deed No. 19448 shall remain in full force and effect and is hereby ratified and confirmed as the date of this corrective Deed No. 19448. IN WITNESS WHEREOF, the undersigned as agent for and on behalf of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA has hereunto subscribed his name and has caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City of Tallahassee, Florida, on this the 3j1S day of--C A.D., 2002. Trustees' Deed No. 19448 Corrective Page 3 of 4 (SEAL) Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Typed of Printed Name of Witness) Witness (Typed of Printed' ante of Witness) BOARD OF TRUSTEES OF THE INFERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: /xt?.t ferr)1 E. W il$inson,yC'liief Bureau of Survey and Mapping. Division of State Lands. Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida STATE OF FLORIDA COUNTY OF LEON e The foregoing instrument was acknowledged before me this . day of , 2002, by Ten-y E. Wilkinson, Chief, Bureau of Survey and Mapping, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me or has produced a driver's license as identification. G}u�7 024 fit I—L•—•EZ_ State of Florida at Large, ,",t,,,,rlssioNre,/,Notary Public •c9 ser3 F,y • .• r I� /(/�,[f' Mcc9es12o ped, or Stamped Name of Notary) APPROVED AS TO FORM`'ojN$c STA NXommission No. ( 9 p 51_ 2 & LEGALITY hrr7insf Oto My Commission Expires: IOU 30 12 o4 Prepared by Scott Woolam DEP Title and Land Records Section 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Trustees' Deed No. 19448 Corrective Page 4 of 4