Corrective QD 7/18/1980
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'081~ 4' ,:..'2368
I}P ^UG 19
P~l 2: I 5
~:~!J~(~:L!~Y.l':._(l~..!1'5;l"A I Iii) EED
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The UNITED STATES OF N'lEIUCA, acting by and through the SccretCJr.-y
of the Interior, L1ctipg by and through the Southeost Ikgional Director,
Heritage Conservation and Recreation Service, under and pursuant to the
pO\oJcr and authority contained in the provisions of the Federal Property
and Administrative Services Act of ]949 (63 Stat. 377), as amended, and
pilrt:icu]arly DS amended hy Public Lmll lIBS, 91st Congress, and regulations
and orders promulgated thereunder (hereinafter designated "Grantor"),
for and in consideration of the perpetual use of the hereinafter described
premises for pub].ic park and public recreation area purposes, by the
City of !'1iami Beach, Florida (hereinafter designated "Grantee"), does
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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 approximately 16.87 acres, located in Section 10, Township 54 South,
It:mge ll2 East, Dade County, Florida:
PilI/eEL ONE
For the Point of Beginning commence at a 10" square concrete monument
located on the northerly boundary of the U. S. Corps of Engineers
Reservation, being on a bearing of South 65013' East, and a distance of
16.62 feet from the westernmost corner of Lot 6, Block 4 of South Beach
1',lrk Suhdivision as shm.m in Plat Book 6, Page 77, of the public records
of Dnde C(1\mty, said monument designated "e" having coordinates of X-
784,~40.39, and Y-52l,912.47. Said monument also lies approximately
South 2/~o27' 26" West, [1 distance of 592. JO feet South of, and North
~So36']6" Enst, a distance of 554.97 feet west of the northeast corner
"f the !lortfn."cst: J/l~ of SccUon 10, Tmmship 54 South, Range 42 East.
From ~;:lid Pnint of Beginning, thence run along the northerly boundary of
said land South 6')036'16" East, passing through a monument designated
"A", at a distance or 7.13.87', a total distance of ],476.52 feet, more
or less, to its intersection with the erosion control line established
fot- Llle 111<:1mi Beach repourishmcnt project as shown on Dade County Plat
File J.lllmher 24-53l~2-l2, Sheet 1 of 14, dated 25 July 1977; run thence
~)outh 23nl~1' 12" EiH;t, a] ong s:dd erosion control line and its extension,
a distance of 630.14 feet, mure or less, to the Mean IJigh Water line of
the nur!. horly shoreline of the "Govcr.-nment Cut" for the Entrance Channel
"f lIiill1,j H,lrbnr; run !:hence nortlHllester]y along said Mean High Water
I ;nl.' (111 <Ill :lpprO}; iln,II.(: I>l',lr ;111'. or Nor.I]1 fl'jo'\')' 1 C)" H(':.;!:, n d ist::mcl' of
] ,9/1').(,(, fc~C:t, n)(1r,' or ll'~;s, (.0 ;! ]loint: on the !'1l';JIl High l-J:1tcr line
\.: 11 i!' h Ii, ' :.; Sou t: h ~ /~ <, ::~ ~) , ') 0 " 1,.; ( , : ; (, a d i s t: ,Ill C l' 0 f .') 0 f t' (' t, 111 0 I' C () '" ] e s s ,
r.'-('m t;. ~;. Corps (If EllgilH'('r:.; 11I111lUmcnt I"Wiggins"; thence run North
)4u25'50" East, a distcmce of 50 feet, more or less, to monument "Wiggins";
thence continue North 2l,()2S' jO" East, '370.43 feet to monument "C", and
the Point of TIeginniTig.,
The above-described ~rRct or parcel of land contains 16.52 acres, more
or 1888. The bearings nnd distances stated herein are based on the
r.lerciltor Grid System of the East ZOllO of Florida.
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18844 [,2369
l'1\J{CEL Tl,-J()
Fur a Point of Hefcrence commence <1t monument "e" as dc[;cribed in Parcel
One i1\;ove, run thence along the northeasterly line 01' the U. S. Corps of
Engineers ]{escrvation, North (JSo3S'12" West, a distance of 151.63 feet,
!nl)re or less, to a steel pin set in concrete, designated monument "G";
thence run ~-)outh 87038' 37" Hest a di stance of 208.58 feet along the
nortll\'lcstcrly boundary of the U. S. Corps of Engineers Reservation to
monUlr.ent "Vlcst", having coordinates of X-784,093.9l and Y-52l,966.52,
said point bci.ng the Point of Beginning of the tract being described
!Jf..!rc.i n.
Fr.om sajd Point of Beginning, run thence South S70L,1'4l" West, a distance
of 226.20 feet to U. S. Corps of Engineers monument "Virgil", having
coord.inates of X-783,902.72 and Y-52l,845.63; thence continue South
57041'41" West a distance of 4.0 feet, more or less, to the face of an
existing steel bulkhead and the approximate north shore of the Entrance
Channel to l-liami Harbor; thence run Northwesterly along the north shore
of Hiami Harbor on an approximate bearing of North 32005'08" West, a
distance of 132.34' more or less, to a point which lies South 87038'37"
Hest, a distance of 265.09 feet from monument "West"; thence run North
87038'37" East along the northwesterly boundary of the U. S. Corps of
Engineers Reservation passing thru a concrete monument designated "F" at
a distance of 121 feet, more or less, for a total distance of 265.09
feet to monument "West", and the Point of Beginning.
The above-described tract or parcel of land contains 0.35 acre, more or
less. The bearings and distances stated herein are based on the Mercator
Grid Systems of the East Zone of Florida.
There are excepted from this conveyance and reserved to the Grantor,
and its assigns, all oil, gas, and other minerals in, under and
upon the lands herein conveyed, together with the rights to enter
upon the land for the purpose of mining and removing the same.
'J'ILi.s conveyance is made subject to any and all existing rights-of-
\'lilY, C'a~;l'lIlcnt:; and cov(~n;mts and agreements affecting the above
dL'~;cribed premises, \"l1ether or not the same now appear of record.
To Ilave anu 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 authori.ty contained in the Federal Property and Adminis-
trati'ic Services Act: of 1:J41), as amended, and applic<Jble rules, regulations
and orders promulgnted t.llcrcunder, the General Services Administration
detennirwd the property to be sUl'J.lus to the needs of the Uni ted States
of Ap]l:r j en and ass i gncd the flrop(~rty to the Department of the Interior
[or furLller convcY:JIlCC [.0 t:h(~ City of Niami Beach, Florida.
It. i~; ;t;~l-l.'(:d ;111(1 t11'dcr:;L(lod I)y ;111(1 I>cl:\oJeen the Grantor and CranLee,
<.lnu tile CriJntcc by it!; :ICCCl'l.;ll1CC or \111s decu, docs acknowledge iu;
unucrst;mding uf t:lIC ;l;;recmcnt, and docs covenant and agree for itself,
:lnd LU; successors .lnd ilssigns, forever, as follows:
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1. This property shall be used anti maintained for the public
purposes for \olhich it \.Jas CUI1IJ\2yed in pl~rpetllity as set forth in the
program of utilization and plan contailll:d in the application, submitted
by the Grantee on December 6, 1978, \.Jhich program and plan may be amended
from time to time at the request of either the Grantor or Grantee, with
the\.Jd.t ten concurrence of the other party, and. such amendments shall be
added to and become a part or tile original application.
.
2. There is reserved to th~ U. S. Army Corps of Engineers the
right of continued use and occupancy and right of removal of any or all
buildings located on the premises for one hundred eighty (180) days
following Grantee's conveyance of the property.
3. There is further reserved to the U. S. Army Corps of Engineers,
in a 50' wide strip extending from the mean high water line landward
along the North bank of the Miami Cut, a perpetual and assignable right
and easement to construct, operate and maintain channel improvement
works on, over and across the Land described, for the purposes as autho-
rized by the Act of Congress approved 13 June 1902, including the rights
to clear, cut, fell, remove and dispose of any and all timber, trees,
underbrush, bl1ildlng~;, impruvements and/or other obstructions therefrom;
to excavate, dredge, cut a\olay, and remove any or all of said land; and
for such other purposes as may be required in connection with said work
of improvement.
4. There is reserved tu the Grantor all those contractual right.s
and benefits accruing to the United States from that certain document
\'ntitJcd "Contract Ilct\oJecn the United States of America 'lIld tile City of
!Eam!. Beach for Recreational Developmellt at the Existing North Jetty,
t.Jiami. lIarbor, Flol'ida, Project" executed on /behalf of the United States
on 13 ^ugust 1976 and approved on behalf of the Secretary of the Army on
30 J"ovcmber 1976, as .impJc'ml'nted by that certain lease from the Secretary
or thL' Army to the I:i l:y of :ii;llnj lkach, FL, numbered D^CvJl7-1-77-2,
tinted 1.7 i-l;]y 1977, 1(\1. ;1 ~j()"\'\';lr (\,rlll ('''lIl111t'lll'ing Oil I. Del'\'lllllel' (1)76 ;lIld
ending on 30 Novembc r 2026, cover iug 1'.7 ^cres of Govermncnt-owned fee
l<md and certain easement interests anJ improvements thereon. Such
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rights and benefits include, hut are not limited to, the enforcement of
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10844: :"fj237 r
all provisions of snid contract rl'lativl' ~o obligntiolls assumed by the
City of tHami Ikach for opl'raL.i')\l, l1lainll'll;I11Ce and repLICl'l1ll'nt of the
improvements constructed under said contract [or the 'jO-year term of
snid lease.
5. This conveyance is made subject to Lease DACW17-1-67-5 granted
to Board of PiJ~ot Commissioners nnd Port Wardens for use of 0.02 acre
land together wi th \.J;Hehouse Building 7 and Garage Building 29 for
observation tower for term of 10 years ending 14 April 1982 for $1500
rental per annum.
6. This conveyance is made subject to Lease DACW17-1-69-3 granted
to the University of Niami for use of approximately 7,840 square feet of
land and a boat landing dock (Structure No. 30) for a term ending March 31,
1979.
7. This conveynnce is made subject to continued use and occupancy
by the U. S. Coast Guard of a suitable land area and building, comparable
to that presently covered by Permit DACW17-4-68-2 (a copy of which is
attached as Exhibit A), for so long as the Coast Guard shall need the
use and occupnncy of said land area and building for its rbdio D.F.
C:.1.U,bc<1tion station.
8. The Grantee shall, within 6 months of the date of the deed of
conveyance, erect nnd maintain a 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.
9. The property shall not be sold, leased, assigned, or otherwise
disposed of c.>:ccpt to another eligible governmental agency that the
Secl:etary of the interior i1grees in writing can assure the continued use
and ffi<1inten:.1nce of the property for public ['ark or public recreational
purpor:es subject to tIle: same terms and conditions in the original instrument
or C(lI1V('YilJll'C. lIowever. nothing in thi.s provision shall preclude the
~.;rilIlL'_~e Crolll pruviding relaled rccrcillional facilities and servic.es
comp;l tible \"i l i\ Lll(~ approved appliea t1i on, through concession agreements
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entered into wiLlI third pilrtil"::;, pt"ovided prior concurrence to such
agreement,.; is obt;1inccl ill \'Jriting from tile Secn~tary of the Interior.
10. From tip.: dale of Lhis conveyance, the Grantee, its successors
and assigns, shall submit biennial reports to the Secretary of the
Interior, setting forth the use made of the property during the preceding
t'tJO-y(~ar period, and other pertinent data establishing its continuous
use for Ule purposes set forth above, for ten consecutive reports and as
further determined by the Secretary of the Interior.
11. If at any time the United States of America shall determine
that the premises herein 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.
12. ^s 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 'vlhich this Deed is made will be conducted in
compliance with, and the Grantee, its successors and assigns, will
comply with all n~qui rcments imposed by or pursuant to Lhe regulations
of the Departm~nt of the Interior in effect on the date of this Deed (43
C. F. R. Part 17) ir3sued under the provisions of Title VI of the Civil
Rights ^ct 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 thi.s covenant; (4) the United States shall
have the right to seek judicjal enforcement of this convcnant, and (5)
the Grantee, its succc~~;sors and il;,~;igns, will. (a) obtain from each other
person (emy legal cnt i ty) \-Jilo, through contractual or other arrangements
w.Lth the Grantee, its ~;ucccssors :!no ;J:.-;signs, is authorized to provide
services or bellefits llfldcr ~i<lid pr()gl~ilm, a Hrittcn agreement pursuant to
l'lll i.l:h ~.;IJ(.:I\ () Ll\l~ r I'C I'S',l1J :.;iJilll, \.J i til reS!)l'C L tu the serv Lees or belle fits
I
which he is authorized to provide, undertake for himself the same obliga-
tions as those imposed.upon the Grantee, its successors and assigns, by
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this cove.nant, and (b) furnish a I:OPY of such agreement to the Secretary
~;r '0844 ;:c'2373
of t.he lnVer.LeI:, of his successor; and that this covenant shall rUll with
the 1i.lnd hereby conveyed, and shall in any eVl~nt, without regard to
technical cl::lsfd.fi.catJon 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 Grantor and enforceable by the Grantor against the
Grantee, its successors and assigns.
13. The Grantee agrees tu comply with tile requirements o( Public
Lmv 90-480 (82 Stat. 718), the ^rchitectural Barriers Act of 1968, as
amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that
development of facilities on conveyed surplus properties for public park
and rccreation purposes are accessible to the physically handicapped;
and, further assure in accordance with Public Law 93-112, the Rehabilitation
Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped
individual shall solely by reasons of his handicap be excluded from the
participation in, be denied benefits of, or be subjected to discrimination
under any program or activity receiveing Federal financial assistance.
14. Grantce shall be on the lookbut for archaeological artifacts
duri.ng its construction activities and shall take appropriate action
r~houlrJ any arti.facts be discovered.
15. In the cvent there is a breach of any of the conditions and
covenants herein contained by the Grantee, its successors and assigns,
whether caused by the legal or other inablitiy of the Grantee, its
successors and assigns, to perform said conditions and covenants, or
otherwise, all right, title and interest in and to the said premises
[;hall r<~vert to and become the property of the Grantor at its option,
which in addit.ion to all other remedi(~s for such breach shall have the
right of entry upon said premises, and the GLantee, its succcssors and
.'1ssignr;, shaLl forfeit all Light, title and interest in said premises
<Jnd in any and all or the tenements, hereditaments and appurtenances
tllereunto belongi.ng; pt"uvjded, i1owcvl'r, that the failure of the Secretary
uf 1I1c J)('\'ilrl:l11vllt uf 1.11(~ Int:cJ"iflr to require in any aile or mo'"e inr,tances
cumrlcte perforr;lancc of nIll' o[ tile codditions or covenants shall not be
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~::: ., 0844' ~~2375
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.
Dated August 6, 1980.
At i:'C'l">t :
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. ". f.ln~.ne '!>1:,.b:tl ews, CIty Clerk
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" .S'rATE O( F~ORm^
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By -.L r.t'7 1; ( r"- \.... \\ ........ ~~
Harold T. Toal, City Manager
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'COUNTY GF" DADE
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" . ~ l ;.~, On this _6th day of August , J.9~, before me, the
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und~rsigned Officer, personally appeared Harold T. Toal. to me known
and kno~m 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 Beach, Florida, that he
is duly designated, empowered and authorized by Resolution No. 80-16346
of the City Commission of the City of Miami Beach, Florida dated August 6,
1980 to execute the foregoing acceptance and sign his name thereto; and
that he signed his name thereto and acknowledges that he executed the
foregoing instrument for and on behalf of the City of Miami Beach,
Florida for the purposes and uses therein described.
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Hy Commif,sion Expi res:
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construed as il w;:}iver or re.Unquishmenl of suell future performance, but
the obligation uf tile (:",J11lcL', its sUCCeSS()I~S :Jnd assigns, with respect
to such future performance shaLl continue in full force and effect.
IN \HTNESS WHEREOF, the Grantor has caused
these
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presents to be
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executed in its name and on its behalf this the
19 gL.
day of
UNITED STATES OF i\MERIC^
acting by and through the
Secretary of the Interior
Through:
Robert M.
By
\.JlTNESSES:
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ST^TE OF
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COUNTY OF
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On this ~ day of
subscriber, personally appeared ,
Heritage Conservation and Recreation Service, of the United States
Department of the Interior, a governmental agency of the United States
of ~erica, and known to me to be the same person described in and whQ
executed the foregoing instrument aforesaid, as the act and deed of the
United States of Am(~rica, [or and on behalf of the Secretary of the
Interior, duly designated, empoVJered nnd authorized so to do by said
Secretary and he acknowledged that he executed the foregoing instrument
for and on behalf of tilt> United States of ^merica, for the purposes and
lJ,;e:~ the rein dcscr l])ed.
Hy commi:;sioTl expires:
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