HomeMy WebLinkAboutExhibit AEXHIBIT A
FLORIDA DEPARTMENT OF
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, FL 32399
Memorandum
TO: Members of the Board of Trustees
of the Internal Improvement Trust
Fund of the State of Florida
FROM: Callie DeHaven
Director, Division of State Lands
SUBJECT: Trustees' Disclaimer No. 42113(6815-13)
CITY OF MIAMI, FLORIDA
Miami -Dade County, Florida
DATE: October 30, 2020
Ron DeSantls
Govemor
Jeanette Nunez
Lt. Governor
Noah Valensteln
Secretary
Through delegation of authority from the Board of Trustees (DSL-12), the above -referenced item was
approved by the Division of State Lands on October 30, 2020. This delegation reads as follows:
DSL-12: Deny Butler Act (Chapter 8537, Laws of Florida (1921)) disclaimer applications
for dredged areas and prepare disclaimers for BOT execution in response to those applications that
involve formerly sovereignty submerged lands filled in or permanently improved pursuant to the
Butler Act, which are otherwise not controversial.
In accordance with DSL 12, the Division of State Lands has prepared a Disclaimer as requested by
the CITY OF MIAMI, FLORIDA, for three footprints of formerly sovereign submerged land
pursuant to the Butler Act (Chapter 8537, Acts of 1921) and Section 253.129, Florida Statutes. An
aerial photograph dated 1951 shows the improvement in place. The improved formerly sovereign
submerged lands existed prior to the repeal of the Butler Act. Staff acknowledges the aerial
photographs are sufficient evidence supporting the Butler Act claim. The date of repeal of the Butler
Act in Miami -Dade County was June 11,1957.
Attached please find the disclaimer for your execution. Once the disclaimer is fully executed, it will
be provided to the applicant for recording in the public records of the county in which the property
is located. Should you have any questions, please contact either Jody Miller or me at 245-2555.
DC/jm
Attachments
•
NOT TO SCALE
PHOTO DATE: 5-7-1951
CITY OF MIAMI i t
JCSE MARTI PARK
MIAMI-DADE COUNTY
PART 1
17.266 Sq. Ft.
CITY OF MIAMI
JOSE MARTI PARK
MIAMI-DADE COUNTY
PART 1
17,266 Sq. Ft.
PART 2
3.768 Sq. F ='
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
DISCLAIMER
No. 42113(6815-13)
THIS DISCLAIMER made by and between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as Grantor, and
CITY OF MIAMI, FLORIDA, a Florida municipal corporation, as Grantee;
WITNESSETH, that the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida pursuant to the provisions of Section 253.129, Florida Statutes, subject to any
inalienable trust under which the State holds such lands, has released, relinquished, surrendered and
disclaimed, and by these presents does hereby release, relinquish, surrender, and disclaim to said
Grantee, whose address is 444 SW 2nd Avenue, Suite #10, Miami, Florida 33130, its successors and
assigns, any and all right, title or interest, in and to the following described parcel of land located in
Miami -Dade County, Florida, to -wit:
THE FOLLOWING THREE (3) PARCELS BEING A PORTION OF RIVERSIDE
WATERFRONTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PART 1
COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4TH AVENUE AND SW 2ND
STREET; THENCE N 87°45'07" E ALONG THE CENTERLINE OF SAID SW 2ND STREET
AND ITS EASTERLY EXTENSION, FOR A DISTANCE OF 25.00 FEET TO THE POINT OF
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4TH
AVENUE; THENCE N 02°14'53" W, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
SAID SW 4TH AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF
INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH
1/2 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY; THENCE N 87°43'50" E ALONG SAID SOUTH
LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2 OF LOT 2B AS RECORDED IN SAID
PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FOR
A DISTANCE OF 103.10 FEET TO THE POINT OF INTERSECTION WITH THE 1922
SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE N
87°43'50" E ALONG SAID SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2
OF LOT 2B FOR A DISTANCE OF 27.63 FEET TO THE POINT OF INTERSECTION WITH
THE 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE;
THENCE ALONG SAID 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN
AERIAL IMAGE, FOR THE FOLLOWING DESCRIBED SEVEN (7) COURSES; 1) THENCE
S 03°57'40" E FOR A DISTANCE OF 18.11 FEET; 2) THENCE S 24°02'21" E FOR A
DISTANCE OF 101.78 FEET; 3) THENCE S 29°58'24" E FORA DISTANCE OF 101.95 FEET;
4) THENCE S 15°03'49" E FOR A DISTANCE OF 90.01 FEET; 5) THENCE S 11°12'48" E FOR
A DISTANCE OF 64.76 FEET; 6) THENCE S 38°28'57" E FOR A DISTANCE OF 32.32 FEET;
7) THENCE S 48°34'41" W FOR A DISTANCE OF 29.45 FEET TO THE POINT OF
INTERSECTION WITH THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SAID POINT
BEING POINT "A"; THENCE ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR
THE FOLLOWING DESCRIBED FIVE (5) COURSES; 1) THENCE N 25°39'01" W FOR A
DISTANCE OF 24.82 FEET; 2) THENCE N 26°33'54" W FOR A DISTANCE OF 230.01 FEET;
3) THENCE N 27°17'03" W FOR A DISTANCE OF 46.39 FEET; 4) THENCE N 11°48'36" W
FOR A DISTANCE OF 48.78 FEET; 5) THENCE N 07°45'15" W FOR A DISTANCE OF 77.09
FEET TO THE POINT OF BEGINNING.
AND
PART II
COMMENCE AT THE ABOVE ESTABLISHED POINT "A"; SAID POINT BEING ON THE
1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE S 25°39'01" E, ALONG
SAID 1922 SHORELINE OF THE MIAMI RIVER FOR A DISTANCE OF 34.82 FEET TO THE
POINT OF INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS
TAKEN FROM AN AERIAL IMAGE, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE ALONG SAID 1951
SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, FOR THE
FOLLOWING DESCRIBED FOUR (4) COURSES; 1) THENCE N 51°04'54" E FOR A
DISTANCE OF 29.47 FEET; 2) THENCE S 36°54'58" E FOR A DISTANCE OF 106.74 FEET;
3) THENCE S 49°40'41" W FOR A DISTANCE OF 19.12 FEET; 4) THENCE S 52°41'49" W
FOR A DISTANCE OF 16.74 FEET TO THE POINT OF INTERSECTION WITH THE 1922
SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, SAID POINT BEING POINT "B"; THENCE ALONG
SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR THE FOLLOWING DESCRIBED
TWO (2) COURSES; 1) THENCE N 37°42'34" W FOR A DISTANCE OF 70.08 FEET; 2)
THENCE N 25°39'O1" W FOR A DISTANCE OF 37.62 FEET TO THE POINT OF
BEGINNING.
AND
PART III
COMMENCE AT THE ABOVE ESTABLISHED POINT "B"; SAID POINT BEING ON THE
1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE S 37°42'34" E, ALONG
SAID 1922 SHORELINE OF THE MIAMI RIVER FOR A DISTANCE OF 14.87 FEET TO THE
POINT OF INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS
TAKEN FROM AN AERIAL IMAGE, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE ALONG SAID 1951
SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, FOR THE
FOLLOWING DESCRIBED FOUR (4) COURSES; 1) THENCE N 54°57'38" E FOR A
DISTANCE OF 33.67 FEET; 2) THENCE S 27°53'14" E FOR A DISTANCE OF 18.89 FEET TO
THE POINT OF INTERSECTION WITH THE LIMITED ACCESS RIGHT-OF-WAY LINE OF
INTERSTATE I-95 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY MAP FOR SECTION 87270-2425; 3) THENCE S 21°13'45" W, ALONG
SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 23.58 FEET; 4)
THENCE S 53°17'42" W FOR A DISTANCE OF 10.22 FEET TO THE POINT OF
INTERSECTION WITH SAID 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE N
37°42'34" W,-ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR A DISTANCE
OF 32.16 FEET TO THE POINT OF BEGINNING.
Page 2 of 3
Trustees' No. 42113(6815-13)
IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their
names and have 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 ( day of Fib rvt-d- 7 A.D., 202(%
(SEAL)
BOA1t 4F TRUSTEES OF THE
INTE1 lAL, IMPkQVEMENT
TlitSrf*D OFTHE STATE
OF FL(ARICSA
APPROVED S fi , O' ;' & LEGALITY
By:
Attorney
This Instrument Prepared by
Jody Miller
Department of Environmental
Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Page 3 of 3
Trustees' No. 42113(6815-13)
ON DESANTIS
GOVERNOR
ONIS
CIAL OFFICER
f\oP �l
NICOLE FRI `.
COMMISSIONER OF AGRICULTURE
As and Constituting the
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA