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Home My WebLink AboutR-76-0212SRS/ts 2/9/76 RESOLUTION NO. /6-212 A RESOLUTION ACCEPTING A DEED FROM BESSEMER SECURITIES CORPORATION CONVEYING TO THE CITY OF MIAMI FOR MUNICIPAL PURPOSES THE SOUTH 5 FEET OF LOTS 5 THROUGH 10, INCLUSIVE, IN BLOCK 1, OF THE GARDEN OF EDEN (4-12); AND IN EXCHANGE THEREFOR, AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AND DELIVER TO BESSEMER SECURITIES CORPORATION A DEED FOR THE CONVEYANCE OF THE NORTH 37.8 FEET OF LOT 6, BLOCK 1, OF THE GARDEN OF EDEN (4-12) . SUPPORTIVE IDOCUM ENTS FOLLOW" WHEREAS, a written request was made by the sole adjacent property owner to have the City disclaim the north 37.8 feet of Lot 6, Block 1, of THE GARDEN OF EDEN (4-12), owing to the fact that the City of Miami did not use this land for street purposes for which it was dedicated since its acquisition in 1926, relying upon the provisions of Florida Statute 225.22, "D'OCUMENT 1 DEX ITEM NO. " WHEREAS, the dedicated land comprising 1,890 square feet which supports his request; and is contained in an area 50 feet x 37.8 feet and is located on the south side of N. E. 15 Street in the first block east of Biscayne Boulevard. It has never been used or maintained by the City nor is it included in any present or future planning to widen N. E. 15 Street, the present 60-foot zoned street width of which would not be affected by the requested disclaimer; and WHEREAS, upon reviewing this request, it was noted (and the owner was duly advised) that there was a 5-foot wide strip of land running for 263,69 feet, comprising an area of 1,318.45 square feet, located at the southerly portion of this owner's property in the same block which the City needs in order to have N. E. 14 Terrace brought to its fully zoned _1 it width, and also for improvements currently contemplated therein; and WHEREAS, a conference between the owner and the City re- sulted in a mutual accord for the even exchange of the aforesaid land; and WHEREAS, the owner has executed a deed to the City con- veying the aforesaid 1,318.45 square feet of land, the delivery of which is conditioned upon the City executing and delivering a deed conveying the said 1,890 square feet to the owner; and WHEREAS, it is now in order for the City Commission to accept the aforesaid exchange of Deed Transaction; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The November 3, 1975 deed executed by BESSEMER SECURITIES CORPORATION conveying to the City of Miami the south 5 feet of Lots 5 through 10 inclusive in Block 1 of THE GARDEN OF EDEN (4-12) for municipal purposes, be, and the same is hereby accepted. Section 2. The proper official of the City of Miami be, and he is hereby, authorized and directed to record the afore- said deed in the Public Records of Dade County, Florida. Section 3. The City Manager is authorized and directed • to execute and deliver a Quit Claim Deed conveying to BESSEMER SECURITIES CORPORATION the north 37.8 feet of Lot 6, Block 1, of THE GARDEN OF EDEN (4-12), and to forward the executed deed to W. Julian Field, P. O. Box 511, Palm Beach, Florida 33480, PASSED AND ADOPTED this 26 day of FEBRUARY "SUPPORTIVE DOCU' r, •.. •, -2 Irt C^ t r, F1 I.1Se ; f7,1, _itf 1.9'6 MAURICE A, FERR Attest: H. D. SOUTHERN City Clerk PREPARZD AND APPROVED B : S. R. Sterbenz Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: dhn S. Lloyd ty Attorney MAYOR "SUPPORTIVE DOCU MENTS FOLLOW" r CITY OF MIAMI, FLORIDA INTER-orrIcE MEMORANDUM 1'. W. Andrews City Manager f+fuh1 Vincent E . Gr. im J r . director Department .o f,t 61 i;• corks • b IF DAYF. January 13, 1976 ltl t 1 tit nit r Contract 4 359 RESOLUTION - EXCHANGE OF DEEDS - Bessemer Securities Corporation, City of Miami - For Land on N.E. f11f fJl, 14 Terr. & N.E, 15 St., East of Biscayne Blvd. l,P .,f S In e change for the conveyance of 1,318.45 square feet of privately owned land contained in a 5-foot wide strip abutting the north side ni N.E. l.t, Terrace, extending westerly from the easterly right-of-way line of Biscayne Boulevard for a distance of 263.69 feet, which the City needs to bring N.E. 14 Terrace to its fully zoned width and for improvements contemplated therein, the City has agreed to convey to the same sole adjacent property owner, Bessemer Securities Corpora- tion, 1,890 square feet of land (50 feet x 37.8 feet) lying south thereof in the same block. Tn 1926, the City of ;Miami received dedications or the north 37.8 meet of cvu r',- lot in Block k I, of THE GARDEN OF EDEN (4-12) for street. purposes. Subsequently, all of this dedicated area except the dedicated portion of Lot 6 in the aforesaid block was reclaimed by the adjacent prop- erty owners. The City has never used or maintained any part of the dedicated por- tion of said Lot 6 nor is it required in any of the City's present or future plans. The aforesaid property owner would otherwise be en- titled to reclaim the said dedicated portion of said Lot 6 relying upon Florida Statute 255.22, the provisions of which support his re- quest. The owner has executed and delivered to the City of Miami a deed for the conveyance o; the aforesaid 5-foot wide strip of land For muni- cipal purposes, contingent upon the receipt from the City of a deed for the conveyance of the aforesaid dedicated area. "SUPPORTIVE DOCUMENTS FOLLOW" P. W. Andrr s -2- January 13, 1976 THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION OF THE RESOLUTION ACCEPTING THE NOVEMBER 3, 1975 DEED CONVEYING TO THE CITY OF MIAMI FOR MUNICIPAL PURPOSES THE SOUTH 5 FEET OF LOTS 5 THROUGH 10, INCLUSIVE, ALL IN BLOCK 1 OF THE GARDEN OF EDEN (4-12); AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A QUIT CLAIM DEED CONVEYING THE NORTH 37.8 FEET OF LOT 6, BLOCK 1, OF THE GARDEN OF EDEN (4-12), TO THE SOLE ADJACENT PROPERTY OWNER OF INTEREST, BESSEMER SECURITIES CORPORATION, c/o W. JULIAN FIELD, P.O. BOX 511, PALM BEACH, FLORIDA 33480. VEG:ACU: jL "SUPPORTIVE 1:.:*; ME, N 1 LOW" LO W" TRE CITY' OF MIAMI COtiN'lt OF' OAti , STATI Or P/.Okll)A Tuts Quit -CLAIM DEEP, thade this...__...._.................day of.— ..... .. . . ........19 , by and bttwetn THS CITY OP MIAMI, a ttrunicipat corporation of the State of l♦`lorida, in the County of Dade, of the first part, as grantor, and BESSEMER PROPERTIES, INC. Dade of the County of..,. .in. the State of Florida. ..... of the second part, as grantee (the word "grantee" meaning either singular or plural and including the heirs, assigns, personal rep- resentatives and successors thereof, where the context so requires or admits); WtrrrrssErx: That the grantor, for and in consideration of the sure of One Dollar ($I.00) paid by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has remised, released and quit -claimed, and by these presents does remise, release and quit -claim unto the said grantee, all the right, title, interest, claim and demand which the grantor has in and to the following described land, situate, lying and being in the County of Dade, State of Florida, to -wit: The north 37.8 feet of Lot 6, Block 1, of THE GARDEN OF EDEN, according to the plat thereof, as recorded in Plat Book 4, at Page 12, in the Public Records of Dade County, Florida. s "SUPPORTIVE JLLrd To HAVE AND TO HOLD the same together with alland singular the appurtenances thereunto belong- ing or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said grantor either at law or in equity, to the only proper use and benefit of the said grantee forever. Ix WrrrrEss WHEREOF, The City of Miami, a municipal corporation of the State of Florida, has caused this instrument to be e.xecuted in its name and its corporate seal to be affixed hereto, by its City Manager and its City Clerk, both thereunto duly authorized, this _...., day of .... .............. _..._..._...._........ , 19............. Signed, sealed and delivered in the presence of! THE CITY OF MIAMI By ATTEST, As City Manager As City Clerk StA'tg Ott PLORMA CoUNtit OP l3Ant I, an officer nuthorieed to take acknowledgments, HEREBV CERitFir that on ,,....»..day of 19.:.::. _, personally appeared before me p + • A11O1 Et4S ..w I....WMwr�.r.a�r.JW..iiia... w.. .rJ..,a J.. .i,. known to the to be the City Manager and the City Cleric, respectively, of 'Hlr CITY OP MIAMI, a mu- nicipal corporation in and under the laws of the State of Florida, and known to tne to be the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof to be their free and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they af- fixed thereto the official seal of the said municipal corporation, all by and with the authority of law and of the City Commission, and that the said instrument is the free and formal act of the said municipal cor- poration. WIT.'NEss my hand and official seal in said County and State the day and year last aforesaid. BESSEMER PROPERTIES, INC. THIS INSTRUMENT IS EXECUTED PURSUANT TO ORDINANCE No. ......... r.... AND RESOLUTION NO,.,......., «...„ »». _.«...._. ., APr 3vao As To FORM crt 0.4 .. __.-.. ..» .n.».»..... .«q•m«rn. .. ..................w..». City Attor icy 004,44004. • Notary Public, State of Florida at Large My Commission expires: "SUPPORTIVE DOCt jN's ENTS and duly recorded i ba 03 0 a, • b f�4 rn APPROVED AS TD DESCRIPTION Director of Public Service rst O u APPROVED As TO TRANSACTION' This Instrument Prepared 'ed By Department of Law City of Miami, Florida i Dated this Beep 6,4 e3 clay of Notrctnber Aa D. 19 75 , hetweert DLSSMIElt SECURITIES CORVORATION, a helaware corpora :ion authorized to transact business in the State of Florida (suctisor by merger to Bessemer Properties, Incorporated) hereinafter called • the Grantor , which term shall include when used herein, wherever the context so requires or admits, its successors and assigns e and THE CITY OF MIAMI, a Municipal Corporation, a corporation existing under the laws of the State of Florida, having its principal place of business in Dade County, Florida, hereinafter called the Grantee , which term shall include when used herein, wherever the context so requires or admits, its successors and assigns, WITNESSETH: That for the suin of Ten Dollars ($10.00) and other good and valuable considerations, said Grantor do es hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the.said Grantee all that certain piece of property and and State of Florida, tract of land situate in the County of described as follows: Dade The South 5 feet of Lots 5 through 10, inclusive, less that portion of Lot 10 previously dedicated for Biscayne Boulevard right-of-way, by instrument recorded in Deed Book 1004, page 166, public records of Dade County, Florida, al). in Block 1, of the GARDEN OF EDEN, according to the plat thereof recorded in Plat Book 4, at page 12, of the public records of Dade County, Florida. SUBJECT, however, to taxes for the year 1975 and to a certain un- recorded lease to HOWARD JOHNSON COMPANY expiring August 31, 1977, none of the rentals of which shall belong to the Grantee. IT IS UNDERSTOOD AND AGREED by the parties hereto that the land conveyed is to be used for municipal purposes only, and in the event that said land conveyed shall be abandoned and/or dis- continued by law for said municipal purposes, the title to said land shall revert to the Grantor. "SUPPORTIVE TIIiS flI RQLP G. MMSSS *; Y 3 P. r. �j,.•, t�•i.: �t.1 �. tr..11 if II.... s And the said Grantor does hereby wart"rtitt the title to said land against the lawful rliitns of ;all persons claititing tinder, by or tltrnuglL it, IN Wei NIISS WHEREOF, the said Grantor has caused these presents to be tixccutr;cl by its Vice President, and its corporate seal to be afi"txed, attested by its Asia Erant Secretary, the day and year aforesaid. (CORPORATE SEAL) Attest: f•• Z.. t 'i 4 � f r �, Its Assistant ` t 7 1.--• Signo d, sealed and delivered in the presence of: , / r' pit r /`..1...�._ ' •• .toles. Secretary. STATE OF COUNTY OF and Florida Palm Beach Before me personally appeared Harold G. Maass BESSEMER SECURITIES CORPORATION W. J. Field ss. eIts * Vice President. "SUPPORTIVE D t•-y �: L J -fir\! 7-S �J L' ASS StaI,}crctary of .. -t.j.4'''.5...C.orp.r. U ion rrsptctively, vice Freyident and �e �E'SS�lTl2r .S'eCtlr�.. to me well known, and they arknuwledged before me that they executed the foregoing instrument as such officers of said cor- poration, and that they affixed thereto the official seal of said corporation; and I FURTHER CERTIFY that I know the said persrrns m.,Ring said acknawledgmenf to be the individuals; described in and who executed the said ingrumrnt. WITN[iSS my hand and official seal this ........ �? day of .... .. r Ila...75 Notary Fublic^tii; and for the County and StaraAforesaid. My Commission expires: r r� .r ir7si{tIV t F.rrrRi �+ /41,44 k d 1tr + ghieii;U 'NW ',1104;RA1, lid:,lSRA t4f UtiOPtw;rjffit: This Instrument is Executed Pursuant to Resolution No. Passed and Adopted APPROVED AS TO FORM ity Attorney APPROVE,ICVS 3ePtION -.• #.• 41. A -A /Director, Department of Public Works CITY C:0-- MIAMI, FLORIDA INTER -OFFICE MEMORANOUM 4 u, T H. D. Southern City Clerk PROM: Anthony Garavaglia Assistant Engineer of Design Department of Public Works March 16, 1976 '1' Central Exchange of Deeds - Bessemer Securities Corporation - City of Miami for Land on Net, 14 Tett. & 15 St. East of Biscayne Blvd need We are enclosing the subject deed from Bessemer Securities Corporation and requesting that it be recorded in accordance with City of Miami Resolu- tion No. 76-212',.ipassed and adopted February 26, 1976. . .. AFG:ACB:jt "SUPPORTIVE DOCUMENTS FOLLO \i'vm re--/ / (*.'` CtrY 07 MIAMI, 1-LOFIOA INTEROFFICE MEMORANDUM To; lI, D. Southern City Clerk FRU;.t. Anthonyl.. Garava;lia Assistant Engineer of Design Department of Public Works March 16, 1976 F"` Central Exchange of Deeds - Bessemer Securities Corporation - City of Miami for Land on N.E. 14 Tort. & t_ N.E. 15 St. East of Biscayne Blvd Deed We are enclosing the subject deed from Bessemer Securities Corporation and requesting that it be recorded in accordance with City of Miami Resolu- tion No. 76-212,,passed and adopted February 26, 1976. AFG:ACB:jt "SUPPORTIVE DOC u j M EN S FOL..LLj :V s IIAR6L1) 6. 1