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HomeMy WebLinkAboutExhibit 1ATTACHMENT E-7 ATTORNEYS CERTIFICATION OF TITLE 2011 (See Rule 66B-2.006(4) .&.2.008(2) FAC) OFFICE OF THE CITY ATTORNEY 444 S.W. 2nd Avenue, 9th floor Miami, Florida 33130 March .19, 2012 TO WHOM IT MAY CONCERN: I, Victoria Mendez, am an Attorney for the City of Miami, Florida. I hereby state that I have examined a copy of Deed 19448 and Corrective Deed 19448 from the Trustees of the Internal Improvement Trust to the City of Miami dated February 24, 1949, and July 3, 2002, respectively, conveying ownership with certain deed restrictions ° in the following described property: SEE: ATTACHED: EXHIBIT A: DEEDS.19448 I have also examined a public documents showing that this: property is listed on the tax rolls as belonging to the City of Miami. Finally, I have, also examined such documents and records as necessary for this certification, in . This property is what is now called Spoil Island "E". I certify that the City of Miami does in fact own this property since 1949. ry truly your ictoria Mendez Assistant City Attorney FIND Form No. 94-26 (effective date 5-25-00) '3. 1lllllllgllllllillfillllllii Iflflf11111111I cw: anasR1058416 OP,•Bk 23e62 Rif 4531 - 45391 t9r134. RECORDED 10/07/2005 11 : list 11 VEY RU1211, CLERIC Dr DDORT • I0iX-DADS COUNTY, FLDRIDA TEIS IS A COR1tBCTIVE D.WWFIO.SR bNJY. F1.1RP65E IS TO. AMEND - 'FEE tBOAL DB6CR2T10N.CONTAINED IN THAT C$tTAIN. DUD NO; I9448, DATED FERUAR.Y 24,1949, AND RECORDE1� 014 Ar1'R1L 11, ;1943, Ai DM BOOK 3130, PAt3E.260 PUBLIC RBcbRDS.OF MIAMI T ADB COi1NTY FLOR.IDA BYEXCI ID1NCiAPAR 1EL • . OP LAND T$AT.Y'1#E BOARD'OF tRUrAW OI•' TBItn• ' 'R1•TAL1MPROVEIv11 NT TRUST FU111i.OF THE STATE OP.FLOMDADMD NOT _O'WNAT.irio,TIMB F THE CONVEYANCE BECAUSETIME LA25D6 Y/E1tE P LtD FR1P?, TO THE REPEALOF 'rpm H1JTLER ACT ANDYSIOR TO TEE I.SSTANC OF DBLD, IPO; 1.9448. . BOARD OF TRUSTEES OF TEE INTERNAL 1MPROYBiv1ENT:TRUST.FUND OP THE, STATE OF FLORIDA.. CORRiiCTfl DRLD. • No.19448 CO22RECTI'TE • MOW .Aii 11211Y_THIv$}; PIiBSANTS`. '1hatttie BOARDCP.4RU$T'(ES OF T1 1141`..22,1AL p dPROVBMENT:7TLVST FC•Tf1TD 0I=.Trf8 STATE OF PLORIDA,'"Otititorit under and by Vitale of the tlto iry of Section 253,12 Florida Statutes,1941, and abeoid'ing'tp the provisions and procedure provided for la Section 253.13,Flodda Statutes,'1941, and for and in aonsideratian tsf' tile • scan of Ten an 0D/100 .15ollais, aid other ,good sad valuable considerdtious to it in hand paid by City of TYMiarni, Dade 0o1 4y', Floiada,•dit1 grant, bargains sell and convey fo the said ttycfMiami..and its Successorsend assigns, forever,:"0rdntat!'the following described lands, iowlt: • All lhat subinctged and partially submerged land in Segtrorrs 21;snd 22, /3, 26, 27 and 35, Township 54 South, Range 41East, which;aremore penccularly described in DEEP No.1944E, dated February 24,1999, aid recorded on Apiil 11,1949, in DeedBopk 3130, Page25D, Public Records of Miami -Dade County, Florida. WHEREAS, some of the lands describdd in Deed'No.19448'were .filled jaribr tothe repeal of the Butler Act and therefore.werenot owned by the Orerrtor in 1949.when _Daeti Not 19448'was issued. . NOW TYSit'FORE, the Creator; vodBt arlthhSlity of 6tblitta253,03, Florida St4tirtes,1'or arid ih carsiderattoh of the sum of'Teh dolie#s ($1.0.00) and of 8r goiid.and valuable . Book23652/Page4531 CFN#20051058418 Page 1 Of 9 considerations, to it is hand paid by Graft, lame address is IVliaini-Dade County, Florida, hos rcrnWed, released, conveyed oud•quitctelmed unto said Grantee, its successors, and assigns -forever, all the right, title, interest, slab and demand Which the Granter has in the following described lands to win All that submerged and partially submerged land in Stations 21 and 22, 23, 26, 27 and 35;. Township 54 South, Renge 41'Bast, which tiro more parttovlerly described in. DEED No. 19448, dated February 24, 1949, and recorded on April 11,1949, in Dodd Bonk 3130, Page 260, Public Records of h iami Dade County, Florida, LESS AND EXCEPT TEE FOLLOWING DESCRIBED FILLED, RORMERLY SOVEi2EIG}NTYLANDS: , . A portion offantio& Section 22, ThWnsit1p 34 SSritL, Rage 4l.EestrMtit t-Dade County', Florida marepr:rdbdlm1y deisedis'ed as foliovrs•. Cammtne! of the &entit/t t cattier of Ore Northwest �14 oink! Section22, thence Stn lr, 0 '24'44 Ees. fe.136.00 fe t to the. soothtvcsterly error era paraat conveyed by The Trusteet of the Internal Improvement Ttiisl Fund on 1929 endiertlyded in Deed :Sook 11g5-atPag 523 vf.tireF lalic_Rscards'eif Dade, Cut Florldk, .thence Along the Sdu1h lint dfsaed id, deSoup 022'44il.B st fir 49.22feat in its intersection with the Eesterlyright-of way line of.SW 2.7 'fide (fnrine lc awn as Grapeland Boulevard) asreoorded in Deed Bonk,1.459 et Page 42 oftne Public Reeifrtts of Dade County, Pioneer thracc aliens saidtright of way line Stsnth 1 S'19'44"East fo-305,82 feetto its intersection with the US Piethead-Bulkhead lm- o` 19'399 ant3'alao th Noiihw..stcslyline of T.I.LF. Deed to City of Miami recorded at Deed Book 3130 at Page 260; thence doors send U9 Pier -heed Bulkhead line South 77°017:17' Pas' for 6.36 feo-tto:lts inteisectian with tue mean high water line. of Biscayne Bay: and the Paint o!Begnming th non continue along said Pierheediine .South 77°0117" East for 611:91 feet toibiintersedion with the rat eo high'water line of l3iscayneBay, thence along Bald mean nigh;+later ltnc 5`butn 42a59 38": West far2V7 78 fee„ thence N&tth 46°49'25" West for-629,65 feetio fie Feint df$istnifirg. PROVIDED,1 OWBVER,.anything herein to the contrary notwithstanding, this dud is given and granted upon fats express condition subsequent thht the Grantee herein °rite successors and assigns shall never sell or convey or lease the shove described tend or any Van theiedf to any private person, firm or corporation for any private use orpurpose, it being the 1r teirtion of this restriction that the said lands Shall be used solely forptrbtie purposes; including monicipal purposes and not otherwise, ' PROVIDED, FURTHETt, anything herein 'to the epithet) not) ithstandingi.this deed is given and granted 'Upon the fur`thtir ei:p•ress•oondittnn subsequent thattthe.Cfranien htrein.or its successors or assigns shall not give orgrant anylicense orperrdit to.anyprlvate person, firm Or corporation to construct or realm by any means, any islands, fi11s, embanlmrents, structures, Trustees' Deed No.19448 Cometi.Te 'Page 2'of4 Book23852IPage4532' CFN#20051 058418 Pege 2 of 9 buildings or other similar things within or upon the above described lairds or any part the. offor any private use or papist, as distingul5hed from any public or municipal use or purpose, Tt is coVer anted and agreed that -the above conditions subsequent shall nun with the land and any violation thereof shall renter this deed nu]) and void and the above described lands shall, in such event; revert tb the drantar or its suedesaors. TO HAVE AND TO HOLD the said above mentioned an described land and premises, and all the title and interest of thet3rtmtor Therein as granted to it by Seetlon.255.12,•Florida Statutes, 1941, unto the said Grantee and its successors and assigns, forever, SAVINU AND rtSSERVINC3 trite the Qranior, and its interacts, an wzdivided three - fourths interest in and title is and to an undivided three -fourth interest in all the phosphate, minerals and metalt that are or may be in, on br under the said above described lrhds, and'an undivided one-half interest try and title in to en undivided one-half interest in ay the petrolcam that is or may be in or under the said above described ]and, with the privilege te mine and develoithe spine, Except as expressly set foetal ]ieiein, Deed lid. 19448 shill temaid in full fume and effect and is bereby ratified and confirmed as the data of this oorreetiveDeed No.19448, • IN WITNESS WHEREOF, the undersigned is agent for and onbehalf of the BOARD OF TRUSTEES OF. THE INTERNAL. IIPIWOVEMENT TRUST FUND -OF TPIB STATE OF . FLORIDA has hereunto subscribed his male and has caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to.be hereof tto lasted in the City Of Tallahassee, F1uMa, on this the 3AI day of J A.D., 20D2, Trustees' Deed No. 19448 Corrective Page old Book23852iPage4533 CFN#2005105B418 Page 3 of 9 rr- • SEsi4L • .134il df,Trust¢es of the . ,Internal Improvement Trust Fund office Stitt of Florida Witness ' i 't V L ra. (Typed of Printed Name of Witness) Witnc5s - • (Typed ofPrintedlvane of Witness) BTJARD OF TR .UJ 1 r,X5 OF TIM. INTERNALTh ROVEMENT'TRUST FUND OF T'HtDA yB STATE OP FLOE MA. L T B.1V11Yinstiri,"i«I4ie Bump. and 1' PPmg, tivlkion of State tends, Depnrtrne i of 3nyironmwttal Protection, ea agent for aims on behalf of the Baatd of Frusti es of the !menial lmprovcrsent Trust Fund of ilia State ofFlorid-e STATE OF FLOIfIDA OPLOCONTYN The foregoing instrument was acimbwIedged before me this day of 00(. ' , 2002, by Teny E. Wiildnson, Cttief,'B►aesu of Survey :and Mapping, IsiVis'tan of State Lends, Department of Enyironrneritai Protection; is. agent for and on behalf: of the Board of Trustees of the internal ImproverrrentTttisl Furl efthe States of Florida; He is personally known to me or has proddeed a drivdr's_ Hecate aS ideritifiodti6h. APPROVED AS TOFO & LEPALI i Y • State of Pidiida dtLnrge, ,��Auutiigmh.1 Y'lotari'Ptiblic NM;ry,•M�per rraq ,ti. :la' Tas ss nterl,'Tip¢d, or t;tampedNellie .ofNotary) 4 sr ��i�`e5�ommtssionNo, CL. n'`] J innr✓mtta • • My Cori mission Expires:1 01%' DEP Attorney Froparedby Sctatt Woolen] DEP • Title and tand Records Soddoir 3900 Commonwaal h Bontevard Tallahassee, Florida 32399 Trustees' Deed No.19448 Corrective Page 4 df 4 Book23852/Page4534 CPN#2O'i751958415 Page 4.of 9 • ' 600; i 30 ;;26O. 3ititernaxt 3mprobi nett j'anb,'tate•nf , tnriba� DEED NO 1944.8 KNOW ALI MEN BY THESE moms; That the undersigned,. the Trustees of the Internal Imp:ove- meat Fund of the State of F1o:9da., under and by virtue • of the authority of Section 253:12 Florida Statutes, 1941, and according to the provisions and proodanie provided for In Section 25818, Florida Statutes,.1941, and for end is consideration o$ the sum of Ten *and 00/100 Dollars, and other g�osLard ooneideretione valuable % ltpv:. to ihem. in hand paid by CimY o �i rr Dade County', Florida, receipt of which is hereby acknowledged, have granted, bar- gained, sold and conveyed to the said CITY OF %DWI its m+nnwasnra +ae•and assigns, forever, the to]. lowingdescribed lands, to wits All that submerged and .partially submerged. lend in Sections 21 'and 22,,:23, 26,. 27 and 35; Township 51. South, Range 41 East, described as follows: . . Bounded on the Northwest by the United States Pier - head end Bulkhead Line as established along the westerly side of Biscayne Bay; • Bounded on the Northeast by the Southeasterly pro- duction of the Northeasterly right-of-way line of Kirk Street; Bounded on the Southwest by' tli& Southeasterly pro - Auction of, the' Southwesterly' boundary' of tbat°traat of land marked110'ohn M. Hopkins ot,'Lake placid School" aboordiug•: to the;Plat of -the •John M. Hopkins Lake Placid School Property, as recorded 14 P1at:Book 6 at Page 152.of the Pablie Records, oP .Dade County, Florida; Bounded on the Southeastby that.land,-which is con- • siatently more than 6 feet below the mean -low-water surface of Biscayne Bay. PROVIDED, $0103VER3 :anything herein to the contrary notwithstanding, this .deed_1sgiven.and grante. upon..the express -condition subsequent that the G#antee herein:or its: successors and: assigns shall never sell' or oonvey'or lease,`the above ' described land•or any part `there- of to any private'personrm or corporation tor'any private use .or purpose; it :being theintention .of.:this restriction that the - said lands shall.be used aolely'or public purposes, including nwn1eipal purpoeea End not;otherwise, PROVIDED, FUR YBER, anything herein. to the: contrary notwithstanding; this deed,le given and granted.upon-the further.-expreea condition subsequent that,..the': Grantee:herein-omit&:euodessors or assigns shall: not give or grant any,lioense or permit to any private per- son, firm or corporation -:to oonatruot'or make,: by any means, any islands, fills, embankments,_st»uctures,.•buildings.or other, similar thirigs•within• or upon -:the above; desoribea.l.ands'or any part there- of for any private use .6r purpose, am:'dietinguished from any public or municipal use or purpose It'ia covenanted and agreed that the above conditions subsequent shall run with the land and' any violation thereof eha'l:render this deed null and void andthe. above deecribed'aande.shall, iri auoh event, revert -to the Grantors ps' their suchesaors.. • • oe • • • • A • v• • • 0 soaK3130 rAsE261. •• " ; • TO HAYS AND TO HOLD -the said, above mentidned and desoribed. land an.d premises, and all ths tile and interest of the Trastees therein -as granted to them' by filiation 26112, Florida'Statutes, IOC, ant° the na • • ITOF MIANT cma FirirromnrIrm. ipixia.nA assigns, forever. • SAVING AND RES3S712,Te tmto the Trustees of the Internal Improvement Funcl-.of Sloride., and their tine. 0M6070,03:1 =divided three:fourths Interest ni and title* and:to an Tal4ivided:thiels-flitlii interest 'in ell tilt 331113Spbate, =It:30M1s Bild Metall that are. of May be M. DR or under the said. above described lands, -and.= undi- vided ems -half interest an title m and. to in -undivided one-half 'interestm all the Petroleum that is or may be in or wider the sMd above -deserdoed Jand, with the iiriviqsge to 331132C 4131%10p-the same. • .• IN wiTNros IM"Rial.74074 Tha TruStees -of .tha Internal Improvement Sad of the State of Florida have hereunto subscribed their names and-araxed their Sealeend have caused the seal of the DEPAIITLOYNT OF AGRIOULTIME (V TEL STATS'OP.FLOILIDA, to lie hereunto' affilaad, at the .0npitol, in the Oity of Tallahassee, on this thp 2 if-thi clay of 'Fial?rwa:ry. A. D Nineteen • Muldred -and Ta r•frk11 Om:apt:ram Traunier. kttarn07,0111:011. •0ptorcV41c e (SEAL) State of Florida, County of Dada. _ • • This instrument was filed tor fit* 194-9 a and duly, recordpinn.=.44.. • • Book,......_on Rage . File jib. tsh.re.7-6 -Ze L B.LeArkent.sim C}rk Chiutt Court _By Beside ices rx Initi P,1i�U ocoi'iuliG6ove;r"