HomeMy WebLinkAboutR-43224RESOLUTION NO. __&/\._�vr
A RESOLUTION ACCEPTING FROM THE UNITED
STATES GOVERNMENT THE CONVEYANCE BY QUIT
CLAIM DEED DATED FEBRUARY 11, 1972 THE UNITED
STATES COAST GUARD AIR STATION PROPERTY AT
DINNER KEY AS MORE PARTICULARLY DESCRIBED IN
SAID DEED; RATIFYING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN ACCEPTING
SAID CONVEYANCE ON FEBRUARY 11, 1972 PUR-
SUANT TO COMMISSION RESOLUTION NO. 42560
ADOPTED JUNE 17, 1971; AND DIRECTING THE
PROPERTY MANAGER TO RE-RECORD SAID QUIT
CLAIM DEED AFTER ATTACHING THE CERTIFICATE
REQUIRED BY STATE LAW
WHEREAS, the United States Government, acting by and through
the Secretary of the Interior, acting by and through the Southeast
Regional Director, Bureau of Outdoor Recreation has executed and
delivered to the City of Miami, Florida Quite Claim Deed dated
February 11, 1972 for two tracts of land consisting of approximately
4.517 acres informally identified as the United States Coast Guard
Air Station Property at Dinner Key; and
WHEREAS, -on the same date, M. L. Reese as City Manager of The
City of Miami, Florida accepted the conveyance and agreed to assume
and be bound by all the obligations, conditions, covenants and agree-
ments pursuant to Resolution No. 42560 adopted by the Commission on
June 17, 1971; and
WHEREAS, it is in order for the Commission to formally accept
the conveyance and to ratify and confirm the action of the City
Manager and to direct that the Quit Claim Deed be re-recordedin the
Public Records of Dade County, Florida after. attaching thereto or
imprinting thereon the Certificate required by State Law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the City Commission does hereby accept the
conveyance by the United States of America, acting by and through
the Secretary of the Interior, acting by and through the Sout::easc
Regional Director, Bureau of Outdoor Recreation of the two tr...c.s
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"DOCUMENT INDEX
ITEM; NO. 4
CITY COMMISSION
MEETING OF
F E B 1 71972
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of land consisting approximately 4,517 acres informally identified
as the United States Coast Guara Air Station Property at Dinner
Key as more particularly described in the Quit Claim Deed dated
February 11, 1972 executed by Roy K. Wood, Southeast Regional Direc-
tor, Bureau of Outdoor Recreation, copy of said Quit Claim Deed
being attached hereto and by this reference made a part hereof as
if fully appearing herein.
Section 2. That the action of the City Manager in accepting
the aforesaid Quit Claim Deed and signing the following statement
imprinted thereon, namely: "The foregoing conveyance is hereby
accepted and the undersigned agrees, by this acceptance, to assume
and be bound by all the obligations, conditions, covenants and
agreements therein contained.
THE CITY OF MIAMI
FLORIDA
BY /s/ M. L. Reese
N. L. Reese
City Manager"
said action having been taken pursuant to Resolution No. 42560 passed
and adopted by the Commission on June 17, 1971, be and the same is
ratified and confirmed in all respects.
Section 3. That the Property Manager of The City of Miami, be,
and he is hereby, directed to re-record the aforesaid Quit Claim
Deed in the Public Records of Dade County after affixing thereto or
•
imprinting thereon as required by State Law the following Certificate
The attached deed of dedication or
conveyance was accepted and approved
this day of A.D., 1972
by Resolution No. passed and
adopted by the Commission of The City
of Miami, Florida
(SEAL)
Attest
City Manager
City Clerk
Passed and adopted this /T day of
Approved as to Form and Correctness:
, 1972.
'12 FEB 14 PN I
ems.
72 R 33446 E c 1567 .ry 970 -
QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting by and through the
Secretary of the Interior, acting by and through the Southeast Regional
Directnr. Bureau of Outdoor Recreation, under and pursuant to the power
and authority contained iu the p ovisions of the 1' deral Property and
Administrative Services Act of 1949 (63 Stat. 377), as. amended, and
particularly as amended by Public Law 485, 91st Congress, and regulations
and orders promulgated thereunder (hereinafter designated "Grantor"),
for and in consideration of the perpetual use of the hereinafter
described premises as and for public park and public recreation area
purposes, by the City of Miami, Florida (hereinafter designated
"Grantee"), does hereby release and quitclaim to Grantee, and to its
successors and assigns, subject to the reservations, exceptions,
restrictions, conditions and covenants hereinafter expressed and set
forth, all Grantor's right, title and interest in and to the following
described property, consisting of appro::imately 4.517 acres, 1Qeutd
in Dade County, Florida:
Tract #1
"A tract of land lying and being in the City of Miami,
County of Dade, State of Florida, and described as
follows:
Beginning at the intersection of the southeasterly
line of South Bayshore Drive with the southwesterly
line of Aviation Avenue (formerly Trade Street, as
shown by the plat of Dinner Key, recorded in Plat
Book thirty four (34), at page two (2), Public Records
of Dade County, Florida, which intersection and point
of beginning is marked by a brass pin monument set
in concrete; thence running south S1° 52'03" West
along the said southeasterly line. of South Bayshore
Drive a distance of six hundred seventy-five feet
(675.00') more or less to a point marked by a nail
in a one inch diameter pipe set in concrete; thence
running south 76°-25'-57" east, a distance of five
hundred ninety nine and sixteen one -hundredths feet
(599.16') more or less marked by a cross cut on a
brass pin set in the top of the steel 'pile bulkhead
on the high water line of Biscayne Bay; thence running
north 13°-23'-33" east along the above described steel
pile bulkhead and high water line of Biscayne Bay a
distance of three hundred ninety nine and four hundred
seventy-two one thousandths feet (399.472') more or
less to a pnint 1nrated in the southwesterly line of
Aviation Avenue (formerly Trade Street), thence running
North 400 28' 42" West for a distance of two hundred
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On this, // --day oft :�, 1972, before me, the
subscriber, personally appe red -�-� , to me known
and known to me to be the Bureau of
Outdoor Recreation, of the Unite tates Department of a Interior, a
governmental agency of the United States of America, and known to me to be the
same person described in and who executed the foregoing instrument as such
Director aforesaid, as the act and deed of the United States of America, ,��,, .
and on behalf of the Secretary of the Interior, duly designated, efnpehtl�''edRGE1'',,,,,
and authorized so to do bysaid Secretary, and he acknowledged that •:'':. .
executed the foregoing instrument for and on behalf of the United S ,, 13,.
of America, for the purposes and uses • therein• desc5ibed. 1 �'.7u % .
' NOTARY PUBLIC
Mm
Rotary P b S ion State of expires: Florida at
My Commission Expires Oct. f Large
4 1o7y
The foregoing conveyance is hereby accepted and the undersigned
•
agrees, by this acceptance, to assume and be bound by all the obligations,
conditions, covenants and agreements therein contained.
THE CITY OF MIAMI
FLORI
L
STATE OF FLORIDA )
88
COUNTY OF DADE )
By
M. i eese
City Manager
On this /l — day of4 , 1972, before me, the
undersigned Officer, personally appeared M. L. ese, to me known and
known to me to be the same person whose name is subscribed to the
foregoing acceptance, who being by me duly sworn, did depose and say
that he is the City Manager of the City of Miami, Florida, that he is
duly designated, empowered and authorized by a resolution adopted by
the Commission of the City of Miami on June 17, 1971, to execute the
foregoing acceptance and sign his name thereto; and that he signed " ,, ,,,i,,,�`'
his name thereto and acknowledges that he executed the foregoing ,`' .r. '�,4r, .,
instrument for and on behalf of the City of Miami, Florida, for the . `, ... ' i ',-,0%
purposes and uses therein described.
My Commission expires:
Notary Public. State of Florida at Larp
My Commission Expires Oct. 14,19L3
/ NOTARY PUBLIC
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classification or designation, legal or otherwise, be binding to the
fullest extent permitted by law and equity for the benefit of, and in
favor of the brIntor and enforceable by the Grantor against the Grantee,
its
and
successors and assigns.
7. In the event there is a
covenants herein contained by the
breach of any of the conditions
Grantee, its successors and
assigns, whether caused by the legal or other inability of
its successors and assigns, to perform said conditions and
the Grantee,
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covenants,
or otherwise, all right, title and interest in and to the said premises
shall revert to and become the property of the Grantor at its option,
which in addition to all other remedies for such breach, shall have the
right of entry upon said premises, and the Grantee, its successors
and assigns, shall forfeit all right, title and interest in said
premises and in any and all of the,tenements, hereditaments and
appurtenances thereunto belonging; provided, however, that the failure
of the Secretary of the Department of the Interior to require in any
one or more instances complete performance of any of the conditions
or covenants shall not be,construed as a waiver or relinquishment of
such future performance, but the obligation of the Grantee, its
successors and assigns, with respect to such future performance shall
continue in full force and effect:
IN WITNESS WHEREOF, the Grantor has caused thes presents
be executed in its name and on its behalf this the 1 day of
1972. •.
UNITED STATES OF AMERICA
Acting by and through the
Secretary of the Interior
through:
ROY K. WOOD
Southeas 'egio
Bure-u o Out
By
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preceding two-year period, and other pertinent data este lishing its
continuous use for the purposes set forth above, for ten consecutive
reports and as further determined by the Secretary of the Interior.
• 5. If at any time the United States of America shall
determine that the premises here conveyed, or any part thereof, are
needed for the national defense, all right, title and interest in and
to said premises, or part thereof determined to be necessary to such
national defense, shall revert to and become the property of the United
States of America.
6. As part of the consideration for this Deed, the Grantee
covenants and agrees for itself, its successors and assigns, that
(1) the program for or in connection with which this Deed is made will
be conducted in compliance with, and the Grantee, its successors and
assigns, will comply with all requirements imposed by or pursuant to
the regulations of the Department of the Interior as in effect on the
date of this Deed (43 C.F.R. Part 17) iseued under the provision: of
Title VI of the Civil Rights Act of 1964; (2) this covenant shall be
subject in all respects to the provisions of said regulations; (3) the
Grantee, its successors and assigns, will promptly take and continue
- to take such action as may be necessary to effectuate this covenant;
(4) the United States shall have the right to seek judicial enforcement
of this covenant, and (5) the Grantee, its successors art assigns,
will (a) obtain from each other person (any legal entity) who, through
contractual or other arrangements with the Grantee, its successors or
assigns, is authorized to provide services or benefits under said
program, a written agreement pursuant to which such other person shall,
with respect to the services or benefits which he is authorized to
provide, undertake for himself the same obligations as those imposed
upon the Grantee, its successors and assigns, by this covenant, and
(b) furnish a copy of such agreement to the Secretary of the Interior,
or his successor; and that this covenant shall run with the land hereby
conveyed, and shall in any event, without regard to technical
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Administration determined the property to be surplus to the needs of
the United States of America and assigned the property to the Department
of the Interior for further conveyance to the City of Miami, Florida.
It is Agreed and Understood by and between the Grantor and
Grantee, and the Grantee Uy ita ;'ceptame of this deed, does acknowledge
its understanding of the agreement, and does covenant and agree for
itself, and its successors and assigns, forever, as follows:
1. This property shall be used and maintained for the public
purposes for which it was conveyed in perpetuity as set forth in the
program of utilization and plan contained in the application, submitted
by the Grantee on June 17, 1971, which program and plan may be amended
from time to time at the request of either the Grantor or Grantee, with
the written concurrence of the other party, and such amendments shall
be added to and become a part of the original application.
2. The Grantee shall, within 6 months of the date of the
deed of conveyance, erect and maintain :. permanent sign or marker near
the point of principal access to the conveyed area indicating that the
property is a park or recreation area and has been acquired from the
Federal Government for use by the general public.
3. The property shall not be sold, leased, assigned, or
otherwise disposed of except to another eligible governmental agency
that the Secretary of the Interior agrees in'writing cart.assure the
continued use and maintenance of the property for public park or
public recreational purposes subject to the same terms and conditions
in the original instrument of conveyance. However, nothing in this
provision shall preclude the Grantee from providing related recreational
facilities and services compatible with the approved application,
through concession agreements entered into with third parties, provided
prior concurrence to such agreements is obtained in writing from the
Secretary of the Interior.
4. From the date of this conveyance, the Grantee, its
successors and assigns, shall submit biennial reports to the Secretary
of the Interior, setting forte 'the use 41440:44the property during the
EC 7567 ;c 971
twenty-one and eighty-five one -hundredths feet (221.85')
more or less to a point of beginning hereinbefore
described and containing approximately 4.464 acres
more or less, all as shown on U.S. Coast Guard Miami
• Air Station Plot Plan Number 3284, including all rights,
title and interest in and to all common law and statutory
;rarian rights, water privileges and filled land
and lands below nigh water line appurtenant and adjacent
thereto; subject to the Northwesterly 44 feet thereof
deeded to the City of Miami for road right-of-way
purposes as recorded in DB 34 p.2."
Subject to the Easement Deed from the United States
of America to The City of Miami, dated May 11, 1956
for a forty-four (44) foot right of way easement for
road right of way purposes as recorded in Deed Book 34,
page 2 of the public records of Dade County, Florida.
Tract #2
Commence at the intersection of the Southeasterly line
of South Bayshore Drive with the Southwesterly line
of Aviation Ave. (formerly Trade Street) as shown
on the plat of Dinner Key recorded in Plat Book 34
at Page 2 of the public records of Dade County, Florida,
whichintersection is marked with a brass pin monument
set in concrete; thence run South 40° 28' 42" E for
a distance of 177.81 feet to the point of beginning
of a parcel of land herein described.
from said point of beginning continue along thc: last
described line for a distance of 61 feet to a point;
thence run South 63° 20' 52" W for a distance of 50.02
feet to a point; thence run North 76° 36' 27" W for
a distance of 11.3 feet to a point in the said North-
easterly line of the CG tract; thence run North 13°
23' 33" E for a distance of 69.1 feet to the point
of beginning; containing 0.053 acres, more or less.
SUBJECT to any and all existing rights of way, easements
and covenants, restrictions, reservations, conditions
and agreements affecting the above described $remises,
whether or not the same now appear of record..
RESERVING to the Grantor, and its assigns, all oil,
gas, and other minerals in, under, and upon the lands
herein conveyed, together with the right to enter
upon the land for the purpose of mining and removing
the same.
To Have and to Hold the hereinbefore described property,
subject to the reservations, exceptions, restrictions, conditions and
covenants herein expressed and set forth unto the Grantee, its
successors and assigns, forever.
Pursuant to authority contained in the Federal Property and
Administrative Services ACC of 1949, dd dmended, dud applicable tuieb,
regulations and orders promulgated thereunder, the General Services
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