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HomeMy WebLinkAboutExhibitInstrument prepared by and returned to: Debra Herman, Esq. Miami -Dade County Attorney's Office 111 N.W. I Street, Suite 2800 Miami, Florida 33128-1907 ({SPACE ABOVE THIS LINE RESER VF D FOR RECORDING DATA} - COUNTY DEED THIS COUNTY DEED, made this day of , 2017 by Miami -Dade County, Florida, a political subdivision of the State of Florida, party of the first part (the "County"), whose address is: Stephen P. Clark Center, 111 N.W. 1st Street, Suite 2460, Miami, Florida 33128, and the City of Miami, a municipal corporation of the State of Florida (the "City"), whose address is: City Hall, 3500 Pan American Drive, Miami, Florida 33133. WITNESSETH: That the County, for and in consideration of benefits to the general public and for other good and valuable consideration, does hereby grant, bargain and sell the following described land lying and being in Miami -Dade County, Florida ("Property") for the sale purpose of utilizing the Property for public art exhibits, and for no other purpose: LEGAL DESCRIPTION See Exhibit A attached hereto This conveyance is made for the public purpose of utilization for public art exhibits, and for no other purpose. No improvement or structure shall be permitted which is inconsistent with or impedes the appropriate movement of traffic, the safe and convenient transportation of people, or that causes any distraction to drivers or is otherwise hazardous to pedestrians or traffic flow, to be determined in the sole discretion of the County Mayor or Mayor's designee. The City shall maintain the Property in a safe and clean manner. The City shall not assign or transfer its interest in the Property or in this Deed absent consent of the Miami -Dade County Board of County Commissioners, which may be withheld in its sole and absolute discretion. If in the sole discretion of the County, the Property ceases to be used for this purpose by the City, or if the City violates any of the covenants or terms herein, the City shall correct or cure the violation within thirty days of notification of the default (directed to the City Mayor or City Manager) by the County as determined in the sole discretion of the County. If the City fails to remedy the default within thirty days, as determined in the sole discretion of the County, title to the Property shall revert to the County at the option of the County upon written notice of such failure to remedy the default. In the event of such reverter, the City shall immediately deed the Property back to the County, and the County shall have the right to immediate possession of such Property, with any and all improvements thereon, at no cost to the County. The effectiveness of the reverter shall take place immediately upon notice being provided by the County, regardless of the deed back to the County by the City. The County retains a reversionary interest in the Property, which right may be exercised by the County in accordance with this Deed. Upon such reversion, the County may file a Notice of Reversion evidencing same in the public records of Miami -Dade County. This grant conveys only the interest of the County and its Board of County Commissioners in the Property herein described and shall not be deemed to warrant the title or to represent any statement of facts concerning the same. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK[ [ONLY THE SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF Miami -Dade County has caused this Deed to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice -Chair Person of said Board, the day and year aforesaid. (OFFICIAL SEAL) ATTEST: FLORIDA MIAMI-DADE COUNTY, I3Y ITS BOARD OF HARVEY RUVIN, CLERK COUNTY COMMISSIONERS By: By: Deputy Clerk Approved for legal sufficiency: The foregoing was authorized by Resolution No.: R-899-16 approved by the Board of County Commissioners of Miami -Dade County, Florida, on the 5th day of October _._ , 2016. IN WITNESS WHEREOF, the City has caused this document to be executed by its duly authorized representative on this accepted by same. day of , 2017 and it is hereby approved and ATTEST: CITY OF MIAMI, a Florida municipal corporation Todd B. Hannon, Daniel J. Alfonso, City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS REQUIREMENTS Victoria Mendez, Anne -Marie Sharpe, City Attorney Director of Risk Management The foregoing conveyance was accepted by the City of Miami pursuant to Resolution No. passed and adopted on , by the City Commission of the City of Miami, Miami -Dade County, Florida. A copy of the Resolution is attached hereto as Exhibit "B". E:X -III3IT A LEGAL DESCRIPTION That portion of Block 9, SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY according to the plat thereof recorded in Plat Book 2 at Page 21 of the Public Records of Miami Dade County, Florida, being the northerly remainder of Parcel No 38B acquired by Miami -Dade County v. Pop Quality Distributors, Inc., et al., Final Judgement Case N°. 80-5101 (CA 11), and being more particularly described as follows: COMMENCE at the Southwest Corner of the NW 1/4 of Section 18, Township 53 South, Range 42 East, thence run S 88°59'35" E, along the South line dike NW 1/4 of said Section .18, for a distance of 25.00' to a point; thence run N 00°41'36" E, along a line parallel and 25 feet East of the West line of the NW 1/4 of said Section 18, for a distance of 0.50 feet to a point being also the Southeast corner of said Parcel 38B; thence continue N 00'41'36" E, along the West Line of said Parcel 38B, for a distance of' 55.30 feet to a point; thence run S 89°18'24" E, perpendicular to the West line of said Parcel No 38B, for a distance of 10.00 feet the POINT OF BEGINNING of the parcel of land herein described; thence run N 00°41436" E, along a line parallel and 10 feet East of the West line of said Parcel No 38B, for a distance of 32.08 feet to n point of curvature; thence northeasterly 15.76 feet along the arc of a curve concave to the southeast, having a radius of 10.00 feet, through a central angle of 90° 18' 38" to a point 7.5 feet South of the North line of said Parcel 38B; thence run S 88°59' 46" E, along said parallel line, for a distance of 204.71 feet to a point of cusp with a non -tangent curve to the left from which the center bears S 16°36'25" E; thence run southwesterly along the arc of said curve to the left, having a radius of 1,016.74 feet, through a central angle of 1° 22' 57", for an arc distance of 25.74 feet to a point of reverse curvature frotu which the center bears N 17°59'22" W; thence southwesterly along the arc of the curve to the right, having a radius of 1,016.74', through a central angle of 10° 22' 42", for an arc distance of 184.17 feet to a point of compound curvature from which the center burs N 7°36'40" W; thence northwesterly along the arc of a curve concave to the northeast, having a radius of 10.00 feet, through a central angle of 98° 18' 16", for an arc distance of 17.16 feet to the POINT OF BEGINNING. Containing 0150 acres more or less. SURVEYOR'S NOTE: Bearings shown hereon refers to a bearing of S88°59'46'E along the center tine of NE 62nd Street, as shown on Plat 160, Page 45 of Miami -Dade County, Florida. By' Josue Tlrado, PSM Professional Surveyor and Mapper No, 6480 State of Florida Fori Miami —Dade County Public Works and Waste Management Dept. Road Design/Right—of—Way Division Engineering Section 111 NW 1 Street, Suite 1610 Miami, Florida 33128-1970 NOTICE: Unless It bears the signature and -the original raised seal of a Florida licensed Surveyor and Mapper, this sketch Is for Informational purposes only and Is not valid. MIAMI-DADS COUNTY PUBIIC WORKS AND WASTE MANAGEMENT DEPT. ROAD DESIGN/nIGHT-or--4rAY DIVISION ENGINEERING SECTION MIAMI-DADE NE 02 ST. & NE 2 AVE. ART SCULPTURE ON COUNTY OWNED MEDIAN THIS IS NOT A SURVEY SCALE: N/A DATE: 07-08-15 CHECKED BY: , Tirade DRAWN BY: L. 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