File Ref. #020
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CITY OF MIAMI BEACH
t) )oJ GC- '2- ~ I tt'1
c. <"~1t-3 I
FROM:
Joseph Pinon
Assistant City Manager
Robert Parcher 'IrJ_ {)
City Clerk r Vf' ,
Jan. 31, 1997
TO:
SUBJECT: BA YSHORE GOLF COURSE STASH STATION
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The attached information is being submitted to you pursuant to your recent request:
(A) Initial Agreement for 5 yrs. R8E
10-4-89
(B) Renewal of Agreement 6-1-94/ R7H
5-31-99 R94- 21222
(C) Franchise Agreement 10-9-94 R3B
091-2760
(D) Residential Solid Waste Agreement 1-27-93 R3A
R93-20708
(E) Ordinance amending Code Chapter 14A 4-24-91 R3E
91-2742
,
(F) Miscellaneous Commission discussions
REP:dm
enclosures
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WARRi\NTY DEED
-II THIS INDENTURE, made this ,)'OT ,rt(h day of September, ,A.D. 1944,
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II between ~~JLTON S. PLOTKE and IRENE D. PLOTKE, husband and wife, of
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I the City of Miami Beach, County of Dade, and State of Florida,
\ HENRY WAGllER and ANN WAGNER, husband and wlfe, and MAX KER},TJm and
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FLORA KERNER, husband and wife, all of the City of Detroit, and
state of Michigan, parties of the first part, and CITY OF MIAMI
BEACH, e Florida municipal corporation,
party of the second part, WITIfESSETH:
That the said parties of the first part, for and in conside-
ration of the sum of Ten Dollars (~lO.OO) and other good and valu-
.1/' able considerations, to them in hand paid by the aaie, party cf the
: second part, the receipt whereof is hereby aclmoy;rleot;ed, have '
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I: [ranted, bargalned Bnd sold to the said party of the second ;-;art,
I its successors and ass igns forever, the followin[ described lands,
situate, lying and being in the City of Miami Beach" County of
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Dade, and State of Florida, to-~it:
Thos e certain lands novl known as and cons ti tu ting
Bay Shore Golf Course bounded as follows: Begin
at the northwesterly corner of the intersection of
Dade Boulevard and lIeridian Avenue; thence run
southwesterly along said Dade Boulevard to its
intersection vllth !l1chigan Avenue; t~ence at ap-
proximately rlgbt anbles to said Dade Boulevard 1~
a northwesterly direction along the easterly boundary
of ~lchigan Avenue to the intersection thereof with
Alton Road; thenc€ at aprroximately ri,sht anGles to
the sald ].:1ch1gen J:-vc~ue aloneS the easterly boundary
of said Lltcn Road meandering to the intersection of
Brie F.lton Road with Chase f,venue; thence in c. north-
easterly direction meandering alonG the southerly
boundary of said C~ase Avenue to the intersecticn
thereof with TIest 34th Street; thence in an easterly
direction alonG the southerly bound~ry of snid ~est
34th Street to the westerly line of 310ck 5, First
Addition to r.:id-Golf Subcivlslon; thence in e southerly
direction alonG the westerly lines of 31ccks 5, 4 and
:3 of said First Addition to ;,:id-Golf S'J.bc3ivision to
the intersection of s~id 11no, extended, ~it~ tee
northerly boundary of ',:est 28th Street; thence in
a westerly direction alonG the nort~rrly bC''J.nclc.ry
of ~est 23tt Street to the intersection thereof
with the westerly bcundor;r of ::eridian AVClue;
thence in a southerly c3irrction ::::enndcrinc t:~e ~':ff,t
bounders of suld j~eridlan !..VCl1UC to the f'(llnt of
beL, in n 1 n 6, S 6 1 d 111 n c s b c i n L~ 1:1 (I r e ;-. 3 r t j cuI fi r 1 y 0. E _
scribod as follovs:
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A parcel of land lyine in fractional Sections 27
and 34, Township 53 South, Ran8e 42 East, in the
City of Miami Beach, Dade County, Florid~, more
particularly described as follows: .
From an iron pipe situated at the southwest corner
of Section 27, Township. 53 South~ Range 42 EaBt~
run ,easterly along the south l1ne o~ sa1d Section
27, a distance of 869.7 feet to the intersection
of the south line of said Section 27 with the west-
erly line of Alton Road, as same is shown on a plat
entitled "AMENDED SUNSET LAKE SUBDIVISION", recorded
in Plat Book 8, Page 52, Public Records of Dade
County, Florida;
Thence continue easterly along the south line of
said Section 27 a distance of 132.87 feet to the
intersection of the south line of said Section 27
with the easterly line of said Alton HOOd, to the
Point of Beginning of the tract of land herein
described;
Thence deflecting to the left 48049' from said Sec-
tion line, run in a northeasterly direction along
the easterly line of said Alton Road a distance of
227.96 feet to the Point of Curvature (P.C.) of a
circular curve deflecting to the left.
Thence run along the arc of said circular curve de-
flecting to the left, having for its elements a cen-
tral angle of 41008', a radius of 797.39' feet, a
distance of 572.46 feet to the Point of Tangency of
said Circular curve.
Thence continue along the easterly line of said Alton
Road alon8 a line tangent to the last mentioned cir-
cularcurve a distance of 1797.20 feet to the Point
of Curvature of a circular curve deflecting to the
left;
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Tnence continue along the easterly line of said Alton
Road run along the arc of said circular curve de-
flectinc to the left, having for its elements a
centrol anGle of 29047', a radius of 797.49 feet, a
distance of 414.55 feet to the Point of Reverse Curve
(P.!\.C.) of a circular curve deflecting to the right;
Thence continue alone the easterly line of said
Alt0n Road run along the arc of said circular curve
deflecting to the right, having for its elements a
central angle of 74000', a radius of 299.6 feet, a
distance of 386.95 feet to the Point of Tangency of
said circular curve;
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ThE'!1CrI continue along the easterly line of said
Al ton Road run along a line tangent to th e las t
ment 11'ned circular curve a dis tanc e of 727.43 feet
to the' Point of Curvature of a circular curve de-
fIv~t~ng to the left;
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Thenco continue along tbe easterly line of said
1.1ton Road run along th~ arc of said circular curve
deflecting to the left, having for its elements a
central angle of 28019'04", a radius of 923.0 feet,
a distance of 456.18 feet to a point, said point
being a t the intersection of the easterly line of
said Alton Road with the southerly line of Chase "
Avenue as shown on a Plat entitl.ed "MID-GOLF E..,"{TENSION ,
recorded in Plat Book 40, Page 69, Public Records of Dade
County, Floridaj
Thence run in a southeasterly direction along the
southerly line of said Chase Avenue along a line de-
flecting to the right and making an angle of 172009'49"
to the northeast with the northerly radius line of the
last mentioned circular curve, a distance of 30.13 feet
to the Point of Curva tur e of a circular curve defle ct-
ing to the left;
Thence ('..()ntinue al ong the southerly 11ne of said Chase
Avenue run along the arc of said circular curve de-
flect1ng to the left, haVing for its elements a, cen-
tral angle of 90091, a radius of 1142.12 feet, a dist-
ance of 182.39 feet to the Point of Compound Curvature
of a circular curve deflecting to the left;
Thence continue along the southerly line of said Chase
Avenue run along the arc of said circular curve de-
flecting to the left, having for its elements a cen-
tral angle of 9059'30", a radius of 1613.62 feet, a
distance of 281.39 feet to the Point of Tangency of
the last mentioned circular curvej
Thence continue along the southerly line of said Chase
Avenue run along a line tangent to the last mentioned
circular curve a distance of 225.93 feet to the Point
of Curvature of a circular curve deflecting to the left;
Thence cont1nue along the southeasterly line of said
Chase Avenue along the arc of a circular curve deflect-
ing to the left, having for its elements a central angle
of 37048'03", a radius of 768.55 feet, a distance'of
'507.06 feet to a point which is the intersection of the ,
southeasterly line of said Chase Avenue with the southerly
line of ':iest 34th Street as shown on the aforementioned
Plat entitled "l';ID-GOW E:':TD~SI(lH".
':!'hence run in a southeastel"'l)' C1.rect~c-n along the
south6rly line of said ~est 34th street as said ~est
:34th street is shown on a Plat entitled "FIRST ADDITION
TO 1.:ID-GCLF SUBDIVISION" recorded in PIa t Book 7, Page
161, Public Recorc.s, Dade Count J', Florida, al onb a
line deflect ing to the r1ght anc. :!laking an e.I1[:le of
147l"32'::.3" to the northeast with the northerly rac'1us
l1n (' of the Is. s t ment i oned circular curve a d is te.nce
of ~~7.08 feet to a point, said point bci~~ the Int€r-
sectlon of the southerly line of soid West 34th Street
anl~ t.he westerly l1ne of :alock 5 as ~hown on tr:e llfbre-
J',ent loned :'ccorded PIa t en t i tlec "r:P.i.ST J\ D:)ITIOI: TO
;\:E,;-,~~\LF SlJbiJl VlSlOlT" .
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Thonco deflectinG 90000', to the right run in a south-
westorly direction alongithe westerly line of Blocks
4 end 5 of said First Addition to Mid-Gelf Subdivision,
a distence of 725.62 feet to a point;
Thence deflecting 8018' to the right run in a south-
westerly direction alont: the westerly line of Blocks
;) and 4 and along the westerly line or Block 3, First
Addition to Mid-Golf Subdivision, extended southerly,
a distance of 1406.37 feet to e point, said point being
the intersection of the last mentioned line with the
northerly line of West 28th Street as shown on the last
mentioned recorded plat;
Thence deflectinS 81006'30" to the right run in a west-
orly direction, along the northerly line of West 28th
Street as s hovm on 0. pIa t en tl tIed "I.:ID-GCLF S UB:;)IVIS ION"
recorded in PInt Bool: 4, Pe.[e 200, Public Records, Dade
County, Florida, a distance of 421.35 feet to a point,
said point beinG the intersection of the northerly line
of West 28th Street with the westerly line of North
Heridian Avenue as shown on the last mentioned recorded
pIa t j
Thence deflecting 90000' to the left run in a southerly
direct ion along the wes terly line of BE'id Ncr th Merid1 an
Avenue a distance of 1382.11 feet to a point;
Thence deflecting 16024' to the riGht, run alone the
westerly line of said North Meridian Avenue as shown
on the aforementi oned recorded PIa tent itled "l'laD-GOLF
SUBDIVISION" and on a Plat entitled "RESUBDIVISION OF
LOT I, Block, 'I, MID-GOLF SUB.JIVISI ON", recorded in PIa t
Book 30, Page 19, Public Records, Dade County, Florida,
a distance of 1617.24 feet to the Point of Curvature
(P.C.) of a circular Curve deflecting to the ri[)1t;
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Thence run alone the wes terly line of North J.';erid ian
AVEnue and the northerly line of Dade Boulevard along
the arc of a circular curve deflecting to the right,
haVing for its element~ a central angle of 36000', a
radius of 100.0 feet, a distance of 62.83 feet to the
Point of Tangency (P.T.) of said circular curve;
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Thence run in a southwesterly direction alons the
northerly line of Dade Boulevard as described in
Instrument of Dedication, dated April 18, 1929, re-
corded in Deed Book 1312, Page 164, Public Recorca
of Dade County, Florida, a distance of 598.46 feet
to the Point of Curvatpre (p.e.) of a circular curve
deflecting to the rlgh~;
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Thence run alonE the arc of a circular curve deflect-
inb to the rjght, havinE; for its elements a central
enc1e of 69057', a radius of 107.2 feet, ~ distance
of 168.30 feot to the Point of TnnLcncy (P.T.) of
said circular curve;
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Thence run in P. northwesterljT diroction, along a
line tanGent to the lar:t ~entioned circular curve,
alonE:; the norih!3a!lterJy line of North l.:ichigan Avenue
os sbovm on Ll plat ent..tilec. "RESUBDJVISIOK OF SLaCK
II-A, lSLP.ND VIE,:.r ^DDJ'I'IC:,;lI, recorded in PIEl t Book 40,
h~se 12, Public ROcorll:l, DElje County, 1"lor1d8, a d1st-
f~IlC€ of 456.Z,1 feot. Ll' Lhe Point of CurvDture (P.C.)
r.f a circular curvo (l(1J'lectin:' to tho l'j "llt.
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Thenc', run a long the arc of a circular curve defle ct ine
to th,: rir)1t, havinG for its elements a central angle of
70043', a radius of 97.2 feet, a distance of 119.97 feet
to th(l Point of Tangency (P.T.) of ssid circular curve;
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Thenc~ run in a northeasterly direction along a line tan-
gent to the last mentioned circular curve, along the south-
easterly 11ne of Alton Road, a distance of 297.81 feet to
the Point of Beginning of the tract of land herein describ-
ed containine 149 acres, more or less.
This deed 18 made and delivered subject to zoning ordinance
and regulations of the City of Miami Beach, Florida, subject to
storm sewer easement running across the above described lands from
I West 28th street on the Ea~t side thereof, to 27th street and Alto
Rood on the ~':cst side thereof, subject to public utility easements
running along the Westerly line of Blocks 5, 4 and 3 of First
Addition to lr.id-Golf Subdivision, subject to taxes for the year
1944, and subject tc existing lease between Miami Beach Bay Shore
Company and the United states of America, and subject to a pur-
chase money mortgage in favor of the l'.~iami Beach Bay Shore Company
1n the original principal sum of Six Hundred Forty Thousand Dol-
lars (~640,OOO.OO).
And the said parties of the first part do hereby fully war-
rant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
./ n~ WITNESS V.1IERIDF, the said parties of the first part have
, hereunto set their bands and seals the day and year first above
II written.
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Ii V./:l-j' ,. .,'A. ('l/';,p_-",p r/ ,U-~&
" / 'V~0-\,....:..-.~ Irene D. PIotke
II As to Mil ton i:). .?~otke
Ii and Irene 1). PJ. otke
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;' 1\~0 Henry \'llbnl'l' :; !k':' JLnn
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1: I:crner
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c,:>?-' /~ ( M' /"k<:f /W?
/' Hen~ ~:I~a0ner .
{J->-~ fy ~/rz-L11 (SEAL)
fI.nn i',agner I
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~c,)il2422 FAGlaOR '.
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, COUNTY 0F DA~E
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II I HEREBY CERTIFY that on t:J.is day personally appeared before
II me, an officer duly authorized to administer oaths and take acl:now
ledgements, lGLTON S. PLOTKE and IREHE :L). PLOTKE, husband and wife
I to me well known to be the persons descr1bed 1n and who executed
II the foregoing deed, and acknowlodged before me that they executed
! the same freely and voluntarily for the purpose therein expressed.
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! AND I FURTHER CERTIFY tha t the said IRENE D. PLOTKE, known I
! to me to be the wife of the said MILTON S. PLOTRE, on a separate I
Ii a~d private examination taken and made by and before me, separately
'I: and apart from her said husband, did aclmm'rledge that she made her+
II self a party to said deed for the purpose of renouncing, reli~quis~.
Ii ing and conveying all her right, title and interest, whether dower~
! homestead or of separate property, statutory or equitable, in and 1
I' to the lands des cribed therein, and tha t she executed the said deea
I freely and vol1Ll'ltarily and V/ithout any compulsion, constraint, ap-
I prehension or fear of or fro:n her said husband.
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il "\'JITNESS my hand and officiat syl a t Miami Beach, County of
.' n",ll'Jl iJ.,Dade and State of Florida, this ~ day of September, A.D. 1944.
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~~\.:;~:j ~..~ :'~~r:~/:;;;;. 1~ ;xp~;~ ", 11~t;:.7 :~~t ::~s;~;:~; lor Florid.
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I I HEREBY CERTIFY tha t on this day personally appeared before i
I; me, an officer duly authorized to administer oaths and take acknow..
I ledgements, HENRY WAGNER and ANN "v'!AGNER, hUB band and wife, to me
Ii well lmOWIl to be the persons described in and who executed the
II foregoing deed, and a ckno\'!led;;ed before me tha t they executed the
II same freely and voluntarily for the purpose therein expressed.
': 1.1::J 1 ?TJRTj-iER CERTIFY that the said ANN rlAGiffiR, known to
'; me to be the wife of the said H::"ERY i'.'AG~IT.R, on a separate and
I private eXBxinntlon tal,::en and ;;ade b:l and before me, separately
,; end apart from iler said hU9band, did aclcnowled::e that she :r.nde
' hers elf n p3. rty to sa i6 deed for the purp os e of renouncing, relin-
:i q'.lishing and conveying all her ri[-ht, title ano interest, whether
j: doner, homestead or of separate property, statutory or equitable,
! in and to the lands described therein, and that she executed the
said deed freely and voluntarily and without any compulsicn, con-
~tr3int, ~p~rehension cr fear of or from her said husband.
STA TE OF FLOI1LJA )
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my hanu and official seal at Detroit, County of
end State of j~chig3nJ this I~ci. day of Septe::tber,
~ J"/"'/~ /7 I'
'I' fJ.-<V (r. A-c-~~V ," ..., ,
Notary Public, istate~,~),hd:7,~I{;D\n i
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;,:y e(1l:1.111s~)jl1n expires:
~t)LW 2:1 '~:~ >'Ar.f BO~~
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STATE OE' IGCHIGAE )
I COUJ:TY OF ;t~ l sa
I I H~3Y CERTIFY that on this day personally appeared before
I me, an officer duly authorized to administer oaths and take acknow-
Iledgements, MAX KERNER and FLORA KERNER, husband and wife, to me
well known to be the persons described in and who executed the for
going deed, and acknowledged before me that they executed the same
freely and voluntarily for the purpose therein expressed.
I AIm I ?URTHER CERTIFY that the said FLORA KEHlER, kno\m to
I me to be the wife of the sa1d If!..lI..X KERNER, on a separate and pri-
'Ii,' vate examination taken and made by and before me, separately and
apart from ~er said husband, did acknowledge that she made herselfl
II a party to said deed for tho purpose of renouncing, relinquishing
I,ll and conveying all her right, title and interest, whether dower, I
homestead or of separate property, statutory or equitable, in and
II; to the la.'1ds described therein, and that she executed the said I
I deed freely and voluntarily and without any compulsion, cons11jralntr
II apprehension or fear of or from her said husband. ,,;~~.~...:~apJ . I
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/ ';':ITNESS my hand and off1cial seal a t Detroi~, CoW;1;:~~t1 ~\."':~'~
Ii (Ctt'/)1L-- and Sta te of Mich ig8.r}' this lilt daY~f ~?p_t,~~ef;
A. D. ,1944. '-.') .... ". Cr [7' 011 .: :
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-uotary Public, Sate 0 Lie ~gari
rr.y cOIn.."nissicn expires:
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S tltl! of Florida, County 01 Dade.
This inslrllrn~lIt. Wll~ filed for r/'lc.ord thp....~,(.. dav of..~
1944 z: !.f.~!.l/?ff. jind duly recc:rrl"tl In.,..~~~ -
80.k.~.yJ:.f.~'.. on Pa~p..,$...~,~.. filt' NowT...!l.r~J/
a, B. LE.'h"I~M""N
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Form 42 Florida QUIT CLAIM DEED.
(From CorpQration.)
UJ ~ - 2> ~BLQ~~Y~~'T~~{ P~I]~[~F~}~ J
lul/lp law J.)OI7/, JJubltsIJe/s, Ru//anrl. W
~wt.itl ~tt~ttttttt1t
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Made this
21st
, .11.. D. 19 44,
day of
Sep tember
Between THE MIAMI BEACH IMPROVEMEN'r COMPANY,
a corporation e.cisting nnder the laws of the State of Florida
party of thefirst part, and MIAMI BEACH B.fl;.Y SHORE COMPANY, a
corpora tioD
Florida
Dade
and State of Florida
, of the County of
of the second part,
, part y
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Witnesseth, 1'hat the said party of the ji.rst part, for and in consideration of
the SlUn of Ten Dollars($IO.OO) and other valuable conslderatio~
in hand paid by the said part y of the second part, the receipt whereof is hereby
acknowledged, hath renLised, released and qnit-clainwd, and by these presents
doth ren~ise, release and quUclaim, nnto the said part y of the second part, and
1 ts succe s sors 'i:Ix:iaJts and assigns forever, all the right, title, interest, clain~
and del1umd which the said party of the first part ha(;l~ in and to the following
described lot ,piece or parcel of land, situate lying and being in the County of
Dade State of Florida, to wit:
All the NWt of Section 34, Township 53 'South, Range 42 East, save
and except the following: the South 1800 feet thereof, and save
and except that tract particularly described in deed of conveyance
fram the Miami Beach Improvement Company to The Alton Beach Realty
Company dated March 10, 1914, and recorded in Deed BoOk 135, at
page 185, Public Records of Dade County, Florida, as:
Commencing at a point on the north line of the Carl Fisher tract
where the said north line is intersected by the east line of Miami
Avenue produced, as the same is shown on the plat of Fisher's
,First Subdivision of Alton Beach, as recorded in the office of the
Clerk of the Circuit Court of Dade County, Florida, as per No.2
'of said plats at page 77; thence running Westerly along the north
line of the said Carl Fisher tract 670.6 feet for a point of be-
ginning for the tract of land hereinafter described; thence north-
,erly along a line perpendicular to the said north line of the said
Carl ~isher tract to the center line of the Collins Canal; thence
in a southwesterly direction along the center line of said canal
to the point of intersection with the north line of the said Carl
Fisher tract; thence easterly alon8 said north line to the point
of beginning, containing 11~6 acres, more or less.
1his deed is given to correct that certain Quit Claim Deed given
by the Grantor herein to the Grantee herein under date of July 31,
1923, filed for record on Septonber 15, 1923, recorded in Deed
Book 366, at page 188, of thePub1ic Records of Dade County,
Florida, wherein the grantor inadvertently omitted to impress
upon said (~uit Claim Deed its corporate seal.
To Have and to Hold the same, totether with all and sintular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate,
, right,title, intere8t and claim" whatsoever of the said party of the first part, either
II {n.ltIUJ:>l?1j::eqzdty, to the only proper use, benefit and behoof of the said party
(,' d/the'''sec,o!lcd part, its successors xlY1irx and assigns forever.
\' ~'i,~:' "/1 i'("'<<' In Witness Whereof, the said party of th'e'fir8t part has
,-, f\'" I) " 0 caused these presents to be signed in its narne by its President,
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(,I d;,. .'(s ,~' and its corporate seal to be af!b~ed, attested by its Secretary
(Corporate :...... the day and year above written.
, f') . I' Seal).:,;"
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'lIHE MIAMI BEAC1l---DU:BOVEMEN'l1 COMPANY '
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resident.
Secretary
Signed, Sealed and Delivered in Our Presence:
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~~lIQ~I:J,.J~~_.._T'~_~~_..~_X .:r_n1i:.~JT~})n~~(-~~~J~~., thJ1 t tho un(l aI'S ien oc],
rgfc.'l'.O}! .~~;.._ }'LCTFE am1 ,lp..ml~~_JJ..,_J'_LOTX~~_, husbnnd and wlfe, of the
Clty of Id8ml GW.1ch, C01Jntyof Dedc, [mc1 Stflto of Floriclo, Wc1!.~)~
yr!,:.Q},T:EJ~ ond !\l~~l~,Yl~g!1!'J{" hu~h8nd 8nd wife, and ~:~~.)~_JE~~\mR nnel FLO~~_
rt:J~~IJ'::_Il, hu.'Jh::md nnd vl1fo, 311 of the Clty of DctroH, state of
~lch1C8n, for nnrl in con~ldnrntlon of the ~um of Ten Doll~rB
(~llO.OO) 1.'111(1 ol;hnr C,ood And vnluable consh'1erotions to thp.nl In
brH1r'1 1'n1('1 by C~T-X._9F...M.,~!2...~__~~Q.!i, a Florida municipal corporation,
(\0 heroby A.8f1ien, f:1Elt over I1nd tI'l8nflfer unto the sBld CITY OF
i; MIAM!.A~~Q~, a Florida municipal corporation,
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thA t corte in lel''l1Hl ont oreel into 0 be twoen th e EIAMI E3EA en B^ Y S[IOnr:.
gg,T:,:X.G}!.:.Y- n nd th I) 1TP I?!~P_ S'I.',(~,~.0.~_~:P:""'!~~:I.T~R~.Qt~_, C over ine; th 0
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~:~~I.,I"99.lJ!1~~E:, Vkl:tch s81d lORse 1s dnted the 16th dRY of July, A.D.
:: HJ4:2, tocethcr with all l'J01t, title :'111(1 interest therein bclonc;-
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Dr ':!J Tl'fG)S "'1Inn'.oF, tho p8 rt i os heret 0 hn va heroun to cot
thojp 11Onc)s ODcJ SCA18 on thl8 t,)1C ~ d8Y of Scptflmher, P,.D.
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MODIFICATION AGREEMENT
August
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THIS .AGRE:IDtENT Ma.de and entered int() this 25th day of
, 1945, by and between ~IAMI BEACH BAY SHORE COMPANY,
a Florida corporation, hereinafter designated as "First Partyft
and CITY OF MIAMI BEACH, a Florida. municipal corporation, he.rein-
after designated as "Second Party~;
WIT NEB SET H.
WHEREAS, Bayshore Golf Course Estates, Inc., a Florida
corporation, being indebted to First Party in the sum of Six
Hundred Forty Thousand Dollars ($640,000.00), made, executed
and delivered their several promissory notes aggregating such
~
amount to First Party, the same being dated March 1, 1944, and
secured by a mortgage of even date therewith, which mortga6e
.
is recorded in Mortgage Book 1471 at Page 212 of the Public
Records of Dade County, Florida, covering the following described
lands, situate' in said County and State, to-~it:
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Those certain lands now known as and constitut-
ing Bay Shore Golf Course bounded as follows.
Begin at 'the northwesterly corner of the inter-
section of Dade .Boulevard and Meridian Avenue}
thence run southwesterly along said Dade Boule-
vard to its intersection ~ith MichigFn AvenueJ
thence at approximately right angles to said Dade
Boulevard in a northwesterly direction along the
easterly boundary of Michigan Avenue to the
intersection thereof ~ith Alton Road, thence
at approximately right angles to the said Michigan
Avenue along the easterly boundary of said Alton
Road meandering to the intersection of said Alton
Road T,ith Ch~se Avenue. thence in a northeasterly
direction meandering along the southerly boundary
of said Ch~se Av~nue to the intersection thereof
with West 34th Street, thence in an easterly direc-
tion alo~g the southerly boundary of said ~est
34th Street to the westerly line of Block 5, First
Addition to Kid-Golf Subdivision, thence in .
southerly direction along the westerly lines of
Bloc~s 5, 4 and 3 ot said First Addition to Mida
Gol! SubdiTision to the intersection of said line,
extended, r.ith the northerly boundary of West
28th StreetJ thence in a ~est~rly dir€ction along
the northerly b3undary of ~est 28th Street to the
intersection thereof ~lth thr westerly boundary
of Meridif~n AvenueJ thence 1n a southrrl)' dir.ection
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meandering the West boundary of said Meridian
!Tenue to the point of ~eginning, said lands being
more particularly descr~bed as follows.
A parcel of land lying in fractional Sections 27
and 34, Township 53 South, Range 42 East, in the
City of Miami Beach, Dade County, Florida, more
particularly described ~s follows.
From an iron pipe situated at the southwest corner
of Section 27, Township &3 South, Range 42 East,
run easterly along the south line of said Section
27, a distance of 869.7 feet to the intersection of
the south line of said Section 27 with the westerly
line of Alton Road, as same is shown on a plat '
entitled R~~ENDED BUNSET LAKE SUDDIVISIONw, recorded
in Plat Book 8, Page &2, Public Records of Dade
County, Florida,
Thence continue easterly along the south line of said
Section 27 a distance of 132.87 feet to the inter-
section of the south line of said Section 27 with the
easterly line ot said Alton Road, to the Point of Be-
ginning of the tract of land herein described,
Thence deflecting to the left 480 49' from said
Section line, run in a northeasterly direction along
the eas1;erly line at said Alton Road a distanc'e of
227.96 feet to the Point of Curvature (P.C.) of a
circular curve deflecting to the left.
Thence run along the arc of said circular curTe
deflecting to the left, having for its elements a
central angle of 410 08', a radius of 797.39'
feet, a distance ot 572.46 feet to the Point of
Tangency of said circular curve.
Thence continue along the easterly line of said
Alton Road along a line tangent to the last mentioned
circular curTe a distance of 1797.20 feet to the
Point of Curvature of a circular. curve deflecting to
the left)
Thence continue along the easterly line of said Alton
Road run along the arc of said circular curve deflect-
ing to the left having for its elements a central
angle of 290 471, a radius of 797.49 feet, a di5t~nce
of 414.55 reet to the Point or Reverse Curve (P.R.C.)
of a circular curTe deflecting to the right.
Thence continue along the easterly line of said Alton
Road run along the arc of said circular curve deflect-
ing to the right, having for its elements a
central angle of 740 OOT, a radius of 299.6 feet,
a distance of 386.95 feet to the Point of Tangency
of said circular CUrTe)
Thence continue along the easterly line or said
Alton Road run along a line tangent to the last
mentioned circular curTe 8'distance of 727.43 feet
to the Point of CurTaturt of a circular curTe
deflecting to the left,
Thence continue elong the'e8~terly line of said
Alton Road run along the arc of said circulcr curve
deflectint: to the left! having for 1 ts element::; a
central angle of 280 l~' 04-, a radius of 923.0 feet,
8 dir.tcnc€ of 456.18 feet to a point, said point
being at the intersection of the easterly line ot
said Alton Road with the southerly line ot Chase
Avenue as sho~~ on a Pla~ entitled "MID-GOLF
EXTENSION", recorded in Plat Book 40, Page 69,
Public Records of Dade County, Florida,
Thence run in a southeasterly direction along the
southerly line of said Chase Avenue along a line
deflecting to the right and making an angle of
1720 09' 49w to the northeast with the northerly
radius -line of the last mentioned circular curve,
a distance of 30.13 feet to the Point ot CurTature
o~ a circular curve deflecting to the left.
Thenoe continue along the southerly line ot said
Chase Avenue run along the arc of said circular
curTe deflecting to the left, having for its
elements a central angle of 90 09', a radius of
1142.12 feet, a distrunce of 182.39 feet to the
Point of Compound Curvatu~e ot a circular curTe
deflecting to the left,
Thence continue along the southerly line of said
Chase Avenue run along the arc of said circular
curTe deflecting to the left having for its
elements a centr~l angle of go 59' 30", a radius of
1613.62 feet, a distance of 281.39 feet to the
Point or Tangency ot the last mentioned circular
curve,
Thence continue along the .outherly line of said
Chase Avenue run along a line tangent to the last
mentioned circular curve a distance ot 225.93 feet
to the Point of CUrvature of a circular curTe de-
flecting to the left.
Thence continue along the southeasterly line or
said Chase Avenue along the arc of a circular curve
deflecting to the left, having for its eleaents a
central angle of 370 48' 03~t a radius of 768.~1 feet,
a distance of S07.06 teet to a point which is the
intersection of the southeasterly line or said Chase
Avenue with the southerly line ot West 34th Street as
shown on the ~forementioned Plat entitled "MID-GOLF
EXTENSION-. '
Thence run in a southeasterly direction along
the southerly line of said West 34th Street as
said West 34th Street 1s sho~n on a Plat entitled
"FIRST ADDITION TO MID-GOLF SUBDIVISION- recorded
10 Plat Book 7, Page 161, Public RecordS, Dade
County, Florida, along a line deflecting to the
right and making an angle of 14~ 32' 30w to the
northeast ;';i th northerly radius line of the
last mentioned circular curve, a dist<~ce of
367.08 feet to a point, said point being the
intersection of the southerly line of said ~est
34th Street and the westerly line of Block 5 as
shown:on the aforementioned recorded Plat entitled
"FIRST ADDITION TO MID-GOLF SUBDIVISION".
Thence deflecting 900 00' to the right run in a
southwesterly direction alonr. the ~esterly line or
Blocks 4 and 5 of said First Addition to t~ld-Golf
Subdivision, a dlstrrnce or 725.62 feet to n point,
Thence deflecting eO 18' to the right run in a
southwesterly direction ~long the wezterly line or
Blocks 3 and 4 and along/the westerly line ot
Block 3, First Addition to Mid-Golf SubdiTision,
extended southerly, a distance of 1406.37 feet to
a point, said point being the intersection of the
last mentioned line with the northerly line or
West 28th Street as shown on the last mentioned
recorded plat.
Thence deflecting 810 06' 30" to the right run in a
westerly direction, along the northerly line or
West 28th Street as shown on a plat entitled
"KID-GOLF SUBDIVISION", recorded in Plat Book 4,
Page 200, Public RecordS, Dade County, Florida, a
distance of 421435 feet to a point, said point
being the intersection of the northerly line of
\Yest 28th Street with the westerly line of North
Meridian Avenue as shown on the last mentioned
recorded plat,
Thence deflecting 900 00' to the left run in a
southerly direction ,along the westerly line ot
said North Meridian A~enue a distance ot 1382.11
teet to a point,
Thence deflecting 160 24' to the right, run along
the westerly line of said North Meridian Avenue as
shown on the aforementioned recorded Plat entitled
"MID-GOLF SUBDIVISIONw and on a Plat entitled
wRESUBDIVISION OF LOT I, BLOCK 1, MID-GOLF
SUBDIVISIONw, recorded in Plat Book 30, Page 19,
Public Records, Dade County, Florida, a distance
of 1617.24 feet to the Point or Curvature (P.C.)
of a circular curTe deflecting to th~ right,
Thence run along the westerly line of North Meridian
ATenue and the northerly line of Dade BouleTard
along the arc of a circular curTe deflecting
to the righ~i having "for its elements a central
angle of 36 00', a radius of 100.0 feet, a distance
of 62.83 feet to the Point of Tangency (P.T.) or
said circular curve,
Thence run in a southwesterly direction along the
northerly line of Dade Boulevard as described in
Instrument or Dedication, dated April 18, 1929,
recorded in Deed Book 1312, Page 164, Public
Records or Dade County, Florida, a distance of
598.46 feet to the Point of CurTature (P.C.) of
a circular curve deflecting to the right,
Thence run along the arc of a circular curve
deflecting to the right, having for its elements
a central angle of 8g0 ~7', 8 radius of 107.2 feet,
a distance of 168.30 feet to the Point or Tangency
(p.r.) of said circular curTe. .
Thence run in a northwesterly direction, along a
line tangent to the last mentioned circular curve,
along the northeasterly line of Horth lUchi{;Bn
Avenue 8S sh6~n on & plat entitled "RESUDDIVISION
OF BLOCK ll-A, ISLMlD VI Ei'. ADDITION", recorded in
Plat Book 40, Page 12, Public Records, Dade County,
Florida, a distance ot 456.31 feet to the Point ot
Curvature (P.C.) of a circular curve deflecting to
the right,
Thence run along the arc of ~ circular curve deflect-
ing to the right, having for its elements a central
angle of 700 43', a radius of 97.2 feet, a distance
of 119.97 feet to the Point ot Tangency (P.T.) ot
said circular curveJ
Thence run in a northeasterly direction along a line
tangent to the last mentioned circular curve, along
the southeasterly line of Alton Road, a distance of
297.81 feet to the Point or Beginning of the tract of
land herein described contairiing 149 acres, more or
less,
and
WHEREAS, said notes bear interest at the rate of Four
and One-half percent (41.) per annum from date until maturity,
and
~HEREAS, Second Party has purchased the above property
subject to the lien ot said mortgage, and
WHEREAS, the parties hereto are mutually desirous of
modifying said notes and said mortgage as to the rate ot interest
provided therein, as to the provision for obtaining partial re-
leases of the land encumbered by said mortgage and 8S to the
provision tor increasing the annual amortization thereof.
flOW, THEREFOREa
The parties hereto for and in consideration of the
cOTenants and agreements herein contained, and other good and
valuable considerations, do hereby COTenant and agree, each ~th
the other, that said notes and said mortgage be modified in the
follo~ng particulars, to-wit.
(1) That, effective the 1st day of March, 1945, the
rate of interest upon the indebtedness remaining unpaid as
evidenced by said notes, and secured by said mortgage, shall be
One and Flfty-seT8ll hundredths percent (1.5~ per annum until
maturity, instead of , Four and One-half percent (4,.> as
originally provided therein.
(2) That that portion or said mortgage which com~~nces
wi th thf' fifth line on page 9 thereof and ends \'\'1 th the 20th line
on page 10 thereof, to-wit.
, "The Mortgagor shall be I enti tIed to obtain partial
releases ot the land encumbered by this mortgage deed in'
accordance ~ith the following terms and conditionsl
ftThe Mortgagor shall be entitled to release lands
in Section 'A' as indicated on the attached plat on the
basi~ of tlO,OOO.OO per acre. The Mortgagor shall like-
wise be entitled to release land~ in Section 'B' through
'F', both inclusive, on the basis of ts,OOO.OO per acre.
The Mortgagor shall be entitled to releases of the land
hereinabove described, and encumbered by this mortgage,
as herein prOTided for the yearly amortization payments
upon said mortgage as herein required, provided, how-
ever, that Mortgagor shall be entitled to releases in
Section 'A' at any time whatsoever, upon making the pay-
ments as herein required, but with reference to Sec-
tions 'B' through 'F', both inclusive, the Mortgagor
shall commence the obtaining ~t releases on the northerly
end thereof, or the southerly end thereof, but not at
both ends, and the releases obtained subsequent thereto
shall be in consecutive order to the end that each suc-
cessive Bection shall be released in full before the
Uortgagee shall be obligated to release any portion of
an adjoining section.
"This Yortgage Deed secures the payment ot .five
(5) promissory notes, copies of ~hich are hereinabove
set forth, each in the sum of tI28,OOO.OO, providing
for a total prinCipal indebtedness of t640,OOO.OO.
Privilege is hereby given to the Mortgagor of increas-
ing the yearly amorti~ation payment from f128,OOO.OO
. .
to $213,333.33, prpvided, however, that the Mortgagee
, shall not recelTe more than .~13,333.3S in any period
. .
assigns of the parties hereto.
;,
IN ~~TNESS ~HEREOF, the parties hereto haTe caused these
presents to be executed in their names by their duly authorized
officers, and their respective corporate seals to be hereunto
affixed, the day and year first above written.
Witnesses as to
First Party
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MIAMI BEACH BAYSHORE COMPANY
By ..,.;;} .... ... ___ 1. ~, '., . --;:r - ~ · ... b Q,..',) i--.
President
ATTEST a
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, 'Secretary.
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CITY OF MIAllI BEACH
B~O~~~
)layor
ATTEST.
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ep Cl ty Cle
ApproTed as to forms
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Cl ty. M~a.ger
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Ci ty AttornJY
COONTY OF DADE
J. 55.
STATE OF FLORIDA
I HEREBY CERTIFY, ,ths,t on this 25th day of August,
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A.D. 1945, before me personally appeared RUSSELL T. PANCOAST
and PAUL KUNSCllIK, President and Secretary, reEpectively, of
MIA~I BFACH BAY SHORE COMPANY, s corporation under the laws of
the State of Florida, to me known to be' the persons 'mo signed
the foregoing instrument as such officers and severally acknow-
ledged the execution thereof to be their free act and deed as
such officers for the uses and purposes therein mentioned and
that they affixed thereto the official seal'of said corporation,
und that the said instrument i~. the act and deed of said
corporation.
WITNESS my elgnature and officilil seal at
in the County of Dade and State of Florida, the day and year
last aforesaid.
~~
Notary Public
St~te of Florida at Large
l!y Com:nission explresc
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STATE OF FLORIDA s
SS
C OUJ1rY OF DADE:
I
I EEREBY CERTIFY, that on this'~ day of ~~~
A. D. 1945, before me peI,'sonally appoared HERBERT A. FRINK
and LURAUA A. POHZEHL, Mayor and Deputy City Clerk, respectively,
of the Oity of Miami Beach, FlOrida, a Florida municipal: cor~
poration, to me known to be the persons who sisned the fpregoing
instrument as such of'f'icers and severally acknowledged the exe-
cution thereof to be their .free aot and. deed as such off'iccrs
for the uses and. purposes therein mentioned, and that they affixed
thereto too official seal of said c orporatlon, and that the said
instrmnont is the act and deed of said corporati on.
WITNESS my signature and official seal at Miami Beach,
in the County of Dade and state of Florida, the day and year last
af'oresaid.
c, State 0
Laree
My commission expires s ~.;f(~ / f C/l,
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OPINION on Abs trao t of Ti tIe prepared by Dade-Commonweal th Title
Company, under Certifioate No. 138,830, oomprising entries numbered One (1)
to One hundred fifty-three (153), inclu~ive, oovoring the period of time ex-
tending from Beginning to the 4th day of! February, A. D. 1944, at 8 A.M.; and
continuation thereof by the same Company, under Certificate No. 142,154, oom-
prising entries numbered One (1) to Six (6), inolusive, oovering the period
of time extending from February 4, 1944 at 8 A.M. to the 11th day of September
A. D. 1944, at 8 A.M., purporting tn delineate the title to
BAY SHORE GOLF COURSE, at Miami Beach,
Florida.
as the same is described in the foregoing abstraot.
From an examination of the above desoribed abstraot of title, end
basing my opinion solely upon tho same, I am of the opinion that as of the 11th
day of september A. D. 1944, at 8 A.M., the fee simple title to the lands
described in said abstraot was vested in
MILTON S. PLOm and IRENE D. PLOTKE, husband and wife;
HENRY WAGNER and ANN WAGNER, husband and wife J
MAX KERNER and FLORA KERNER, husband and wife;
sub j eo t to the fo 11 owing I
1. That certain mortgage from Bay Shore Golf Course Estates, Ino.,
a Florida corporation, to Miami Beach Bay Shore Company, a Florida oorporation,
seouring an indebtedness of $640,000.00, the mortgage appearing of reoord in
Mortgage Book 1471, at page 212, Dade County, Florida, reoords.
2. Any purohaser should lee that Miami Beach Bay Shore Company and
Bay Shore Golf Course Estates, Ino.were in good standing and possessed of full
oorporate powers, the former as of March 7th, 1944 and the latter as of Maroh
14, 1944.
3. County and City taxes for 1944 enoumber the property.
V 4. There should be supplied a oertificate as to patent or other souroe
of title of the True tees of the Internal Improvement Fund as to the W 3/4 of
the NWt of the NEt of Seotion 27-53-42, a small part of which is oooupied by
the northeasterly portion of the Golf Course.
5. There is an easement shown at entry 146 of the abstraot which
appears to penni t Florida power &: Light Company to maintain wires, poles and
equipment along the northern boundary of the Golf Course, the extent of the
rights of 'the power Company and the pariiioular portion of the property in"
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'VO lved is dlffioul t to ascertain from the instrument.
6. The last two deeds in the chain of title indioate that there 1s
a storm sewer easement 1.01'081 the land from West 28th street to 27th Street
and Alton Road on the west side of the Golf Course and that there are possible
.
utility easements along the westerly line of Blooks 6, 4 and 3 of First
Addition to Mid-Golf Subdivision, whioh blooks adjoin the Golf Course.
7. There is mention of an existing lease held by the United States
of Amerioa which does not appear of record.
S. The Miami Beaoh Improvement Company acquired the NWi of Seotion
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34..53-42 in 1912, exoept for the south 600 feet thereof. This conveyanoe is
shown at entry 41 of "the abstraot. In 1919 thiaCompany oonveyed all of said
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Seotion 34 Ii tuate north of the property of the Alton Beaoh Realty Company.
This deed appears at en try number 64 and also at entry number 122 0 f the
abstract. It 1s not known wha t property in Seotion 34 was then owned by the
last named Company but no part of the Golf Course Ii tua te in Section 34 was
,./'
owned by that 'Company, if the abltraot showl all instruments 01' reoord afteot-
ing that Seo tion. No doub t, in order to oure this unoer tain ty as to property
oonveyed by the prior deed the Miami Beaoh Improvement Company gave a quit-claim
deed to Miami Beach Bay Shore Company in 1923 in which it qui t-olaimed all 01'
the NW~ of Section 34, exoept oertain parts thereot which did not include any
of the Golt Course. unfortunately this quit-olaim deed did not have plaoed
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thereon the oorporate seal of the grantor.
This error should be correoted.;
9. Zoning ordinanoU of the City at Miami Beaoh; rights of parties
in possessionJ questions of surveYJ and unpaid bills for labor or material
employed on 'the premises within the last ninety days.
Mr. Claude A. Renshaw .
Ci ty Manager
Miami Beaoh, Florida
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KNOW JILL MEN n Y TJmSE PRTi'SIlT.T~, the t MII/r2F s. PLOTYE onc
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!: IRFNL D. PLOTI<:L, husbRnc1 Dnd wife, of tho City of IUlJmi 1308Ch,
County of :Jl;loe, and State of Florida, HF.NRY VIAGNFR 8nd ANN WAGNER,
husband and wife, ~'lDd Mi\JLI1~R!-~rr and FLORA KER~R, husband and
wife, 811 of the CHy of Detroit, and state of Michigan, pArties
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of the. first part, for 8ncl in consideration of the Sun1 of Ten Dol-
lars (~lO.OO) lawful money of the United states to thorn in hand
paid by CITY-9.F MfAJi.11_BEACH, a Florida municipal corporation,
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pa rty of the se cond pn l't, the rece ipt where of is hereby 8 cknow-
ledged, have grAnted, bargained, sold, transferred and delivered
and by these presents do grant, bargain, sell, transfer and de-
liver unto the said party of the second part, its successors nnd
rjssigns, the follm,rlng goods and chattols.
All thAt certain porson8lty which Is identified
on nn inventory attached to e lease between the
HIi\MI BF1\CII Bl'.Y SIIORI' CO~1P^NY :md the UNITED
STATFS or AMFBICA ~overine the DAY SHORr GOLP
COURSE. The said porflOnalty i~ conveyed in its
present condltiori and location end subject to a
109.30 in favor of tho UNITED STATES OF A~.n:,RIC^-.
TO HlI. VEJ~ED _~J.!9LD the same unto the said party of the
second part, It~ 8uccessors and assigns forever.
And the pArties of the first part, for themselves, their
hejrs, personal representatives and assigns, covenant to and with
the sain party of the flecond pert, its successors and nssiens,
that they are the lawful owners of the said Boods and chattels,
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the t they are free from all encumbronces, that t hey have good
riV1t to sell the same aforesaid, and that they will ~..,~~nd
defend the sale of said property, goods and chattels her~de
II unto the sflid party of the second part, its S'\.lCCOSSOi"~:rCs-:r-
II s l(l11s, age lns t th e' I. wful cle lms and demands of s 11 pe~s wh~~-
II soever. ....
,I ~N 'NITNI:~~ \'ilIERFOF, the partloA of the first part have
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Ii hereunto eot the ir hand" and ~."ls on this the ~ day of
1\ September, [I.D. 1941.
ii Wl'l'ljIBSVS/ . ~/~f'
Ld~ Milton S. Plotke
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II As to Milton S. Plotke end 2,o~JJ)ep~.k'
, I ne jD. Plotko rane D. P otko
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STATF. OF f1.0RIDA )
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CO UN'rY 0 F' D'/\ DE )
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Ann Wa gne r /
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UWAL)
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I llEREBY CERTIFY tho t on th If-l day personally 3ppoAred
before me, en officer duly Authorized to administer oAths ond
taIce f:lcl{nowlodGemont~, MILTON :'3. rLOTl\E and IRENE D. PLOTYE, hU:3-
bend an d wife, to me well i{n~rnto---bethe personsdescribed in
8nd who CX8C1Jted the foreco1nr; Dill of salo, 8ncl acknowlede;ed
before me that they executed the SElma freely and volllntar11y for
the purpose therein expressed.
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STA TF. OF FLORIDA )
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CO U:N',py 0 P :.J (\ i)L )
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llIEREBY CERTIFY that on this day personAlly appeared
before me, an officer duly authorized to administer o9ths and
take n cknowledgemen ts, HENRY WAGNER, tome well known to be the
person descrlbed in anc1-wno-e--xecuted the foregoing Bill of Sole,
aneJ 8 cknowlodged before me the t he execut ed the same freely and
volunt8rl1y for the purpose therein expressed.
WITliESS my hand ond off'1C~9'1 seal at Miami, County of
DDde and ,state of Florida, this/~ day of /e~~ b):1 A.D. 1944,
My :lmmiss ion oxp ires: i /~/ ,
(I ~ I ~ (!YK ~ 'Notary Publ 0t"~e of I'lorJdo
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STATE OF MICH IGAN )
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COUNTY OF' '1Y~ )
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I HEREBY CERTIFY that on this day personally appeared
before me, ~n officer duly authorized to administer oaths and 1
take acknowled(jmen ts, ANN WAGNER, to me well Imown to be the - -
person described in and wl10 executed the foreg01ng Bill of Sale, I
and a cknowledged before me the t she execut ed the same freely and
voluntarily for the purpose therein expressed.
'~lITNESS my hond and off ic1al seai at ~~, County
of ~r~ and Sta te of M lch igan, this .J.j;z!! day of Sep-
tem~1944. \
My comm1ss 10n exp ires: r:~ P. jJ-Ju-.".
fj Notery Pub c. St te~:
~. hi /11 PHILIP s. STERN ;'f':~
1::)TARt PUBLIC : ":>{
W\,' S COUN,Y. MICH, o-f?_l-"-'1K
~'-J:nmls~lon Esp,rel -...
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II STATE OF MICHIGAN f)
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COUNTY OF 'fV..ayw
I HJillEBY CERTIFY that on this day personally appeared
before me, en officer duly authorized to adm1n1st'1r oaths and
\ tal{e aclmowledb'1nonts, Mo..~X KERNER and FLORA IillRNFR husband rmd
wife, to me woll known to tietho person~ descrfljed in and who
I' executed the foregoing Bill of sale, and acknowlede;ed before me
the t they execut ed the same freel y and volunt ar ily for the pur-
pos e theroin e xpres sed.
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My comm 1s s ion exp ires:
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Notary Pub ic,
PHILIP S. STERN
1l0TARt PUBUC '
WAY"E COUNl'Y. M1aLr-6- 'I.~
My Commission &spirea ~ 0
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CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
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TO:
Jose Garcia-Pedrosa
City Manager
Murray H. Dubbin ,11'.1 O..t---:
City Attorney ItA{ ~[)J1.1I'
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FROM:
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This office has been fonnally requested to advise the Commission and the Manager on the use orland
on Bayshore Golf Course as a "~ash station" by BFI.
DATE:
January 29, 1997
SUBJECT:
Bayshore Golf Course - Stash Station
In order to accomplish this request, we will need all documents that the Administration can locate that ./
relates to the subject. This would include resolutions, lease agreements, permits from DERM or other
environmental agencies and whatever else may relate to the subject.
I would appreciate any help the Administration can provide in obtaining this information, so that we
may proceed to respond to the request.
MHD:lm
cc: Mayor Seymour Gelber
Members of the City Commission
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91
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() ()\ U. (I\DD-ON)
~ DISCUSSION OF STASH AREAS AND CLIPPINGS/TRASH DISPOSAL.
(REQUES'rED B'{ VICE-MAYOR BEN Z. GRENALD)
ACTION: Vice-Mayor Grenald advised that City's stash areas are being uti:ized by
gardeners/truckers from other areas of the County, resulting in excessive cost to City for
disposal of material dumped, which cost is rising with Metropolitan Dade County disposal fee
increase effective 10/1/86. He asked Administration to immediately attempt to determine
equitable method of charging cost to users, so operation is self-supporting. He also
commended Sanitation Dep~rtment Director Pablo Aguilera for identifying the situation.
Commissioner Singer requested ,qtatus report for 10/15/86 meeting on relocation of NorlllaJldy
Isle stash area, and suggested an employee be scheduled at si te to moni tor dumping on
Sundays.
l\l!lO f;(>O rel..,b~.l lt~m:l 11-)n (1',)<]0 1'2) and R-IOA (paqr. 19).
ocr,
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D. SYSTEM TO REGULATE STASH AREA USAGE
In response to Commissioner Grena1d I s inquiry as to the status of his request tha t the
Administration establish a "chits" system for use at stash areas for unloading of
trimmings, the City Manager advised that the Administration is establishing a coupon book
system which will be in place shortly.
~ A.
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...
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
FOLLOWING SECTIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 14A-1
DEFINITIONS; AND SECTIONS 14A-5.1 DEFINITIONS AND 14A-5.2(C) DISPOSAL OF GARDEN TRASH, TREE
AND SHRUBBERY TRASH, AND SPECIAL HANDLING TRASH, BY PROVIDING THAT ALL PERSONS ENGAGED IN
THE PROFESSIONS OF GARDENER, LANDSCAPER, OR RELATED FIELD, SHALL BE REQUIRED TO OBTAIN AN
ANNUAL CITY DECAL AND TO PRESENT CITY COUPONS TO THE STASH GUARD IN ORDER TO DISPOSE OF
TRASH; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
(SANITATION DEPARTMENT)
ACTION: Ordinance passed on First Reading.
Hearing and Second Reading scheduled for 9/16/87, commencing at 11:30 a.m.
i 1:'!(:'{
"'1 8. AN ORDINANCE OF THE CITY COMrolISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
/) FOLT40WING SECTIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 14A-1
DEFINITIONS; AND, SECTIONS 14A-5.1 DEFINITIONS AND 14A-5.2(C) DISPOSAL OF GARDEN TRASH, TREE
AND SHRUBBERY TRASH, AND SPECIAL HANDLING TRASH, BY PROVIDING THAT ALL PERSONS ENGAGED Ir
THE PROFESSIONS OF GARDENER, LANDSCAPER, OR RELATED FIELD, SHALL BE REQUIRED TO OBTAIN Ah
ANNUAL CITY DECAL AND TO PRESENT CITY COUPONS TO THE STASH GUARD IN ORDER TO DISPOSE OF
TRASH; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. NarICE OF PUBLIC HEARING.
(1ST READING 9/2/87)
(SANITATION DEPARTMENT)
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ACTION: Hearing held and concluded.
Ordinance No. 87-2577 adopted, to become effective 9/26/87.
c. COMMISSION MEMORANDUM NO. 266-88
REPORT ON FLORIDA HB 1487 - SOLID ~TE MANAGEMENT LEGISLATION.
ACTION: The Ci ty Manager reviewed m~morandum regarding bills pending before the ~lor ida
House and Senate to mandate that solid waste operations and maintenance costs be lOOt funded
by user fees (no General Fund contributions), wi th only capital equipment costs exempted;
and of funding options for projected FY 1988-89 Sanitation Department budget.
Administration to prepare information notice and otherwise publicize proposed law and its
effect on business/residents. "'!iT I e lj,;r~
REGULAR AGENDA - APRIL 24, 1991
R-3. TIME CERTAIN ITEMS (CONTINUED)
11:30 A.M. PUBLIC HEARING - SECOND AND FINAL READING
E. COMMISSION MEMORANDUM NO. 157-91
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A,
ENTITLED "GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL", PROVIDING DEFINITIONS, REQUIRING
THAT EACH PROPERTY HAVE A GARBAGE COLLECTION SERVICE; REVISING REGULATIONS FOR COLLECTION
AND DISPOSAL OF WASTE BY THE CITY AND BY PRIVATE WASTE COLLECTORS; REVISI~G REGULATIONS
PERTAINING TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE FACILITIES AND DISPOSAL OF
TRASH AND WASTE; CREATING A SANITATION APPEALS BOARD TO HEAR APPEALS FROM DETERMINATIONS BY
ADMINISTRATIVE OFFICIALS REGARDING LOCATION OF GARBAGE FACILITIES, AND GARBAGE STORAGE
FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND OTHER ITEMS BY PROPERTY OWNERS,
OPERATORS AND OCCUPANTS j ESTABLISHING REGULATIONS FOR THE DISPOSAL OF HAZARDOUS AND
BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF REGULATED STASH AREAS, AND CITY COMMISSION
APPROVAL OF FEES FOR SUCH USEj EXEMPTING COLLECTION AND DISPOSAL OF MATERIALS FOR RECYCLING
PURSUANT TO INTERLOCAL AGREEMENT FROM THE REQUIREMENTS OF CHAPTER 14A; PROVIDING REVISED
REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE WASTE COLLECTORS/CONTRACTORS;
PROVIDING FOR FRANCHISE FEES TO BE PAID TO THE CITY BY FRANCHISE WASTE CONTRACTORS AND
ESTABLISHING PROCEDURES FOR MONITORING AND AUDITING OF SAME; REVISING REGULATIONS PERTAINING
TO THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE CONTRACTORS; ESTABLISHING PROCEDURES FOR
THE SELECTION OF RECYCLING CONTRACTORSj PROVIDING FOR REMOVAL, STORAGE AND DISPOSAL OF
UNAUTHORIZED GARBAGE FACILITIES FOUND ON PUBLIC PROPERTYj REVISING FEES FOR CITY COLLECTION
AND DISPOSAL OF GARBAGE AND TRASHj REVISING PROCEDURES FOR ENFORCEMENT j ESTABLISHING
PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS OF FINES TO THE CITY MANAGER OR HIS DESIGNEE;
PROVIDING FOR SEVERABILITYj REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
-AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC HEARING.
(PUBLIC WORKS)
(FIRST READING 4/10/91)
"
ACTION: City Manager submitted the last 2 pages (48 and 49) of the proposed ordinance which
had been inadvertently omitted from the agenda package; and reviewed the revisions per
4/10/91 commission action:
page 28, paragraph 5 adding provision for Commission approval of transfer of controlling
stock ownership/voting rights.
pages 34-35, paragraph G adding language regarding notice to multifamily/commercial
customers pertaining to recycling services.
page 36, paragraph C1 and C2 providing for $35 permit fee (initially $75) for roll-off
placement.
Hearing held and concluded.
Ordinance No. 91-2742 adopted, to become effective 5/4/91.
Vice-Mayor Singer complimented the Administration and all involved in developing this
ordinance.
ACTION SUMMARY
APRIL 24, 1991
-9-
REGULAR AGENDA - APRIL 10, 1991
R-S. ORDINANCES - FIRST READING (CONTINUED)
D. COMMISSION MEMORANDUM NO. 157-91
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A,
ENTITLED "GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL", PROVIDING DEFINITIONS, REQUIRING
THAT EACH PROPERTY HAVE A GARBAGE COLLECTION SERVICE; REVISING REGULATIONS FOR COLLECTION
AND DISPOSAL OF WASTE BY THE CITY AND BY PRIVATE WASTE COLLECTORS; REVISING REGULATIONS
PERTAINING TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE FACILITIES AND DISPOSAL OF
TRASH AND WASTE; CREATING A SANITATION APPEALS BOARD TO HEAR APPEALS FROM DETERMINATIONS BY
ADMINISTRATIVE OFFICIALS REGARDING LOCATION OF GARBAGE FACILITIES AND G1\.RBAGE STORAGE
FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND OTHER ITEMS BY PROPERTY OWNERS,
OPERATORS AND OCCUPANTS; ESTABLISHING REGULATIONS FOR THE DISPOSAL OF HAZARDOUS AND
BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF REGULATED STASH AREAS, AND CITY COMMISSION
APPROVAL OF FEES FOR SUCH USE; EXEMPTING COLLECTION AND DISPOSAL OF MATERIALS FOR RECYCLING
PURSUANT TO INTERLOCAL AGREEMENT FROM THE REQUIREMENTS OF CHAPTER 14A; PROVIDING REVISED
REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE WASTE COLLECTORS/CONTRACTORS;
PROVIDING FOR FRANCHISE FEES TO BE PAID TO THE CITY BY FRANCHISE WASTE CONTRACTORS AND
ESTABLISHING PROCEDURES FOR MONITORING AND AUDITING OF SAME; REVISING REGULATIONS PERTAINING
TO THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE CONTRACTORS; ESTABLISHING PROCEDURES FOR
THE SELECTION OF RECYCLING CONTRACTORS; PROVIDING FOR REMOVAL, STORAGE AND DISPOSAL OF
UNAUTHORIZED GARBAGE FACILITIES FOUND ON PUBLIC PROPERTY; REVISING FEES FOR CITY COLLECTION
AND DISPOSAL OF GARBAGE AND TRASH; REVISING PROCEDURES FOR ENFORCEMENT; ESTABLISHING
PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS OF FINES TO THE CITY MANAGER OR HIS DESIGNEE;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
(PUBLIC WORKS)
(DEFERRED FROM MARCH 20, 1991)
ACTION: The Administration distributed a proposed revision of paragraph G on pages 34 and
35.
The City Manager advised that the proposed ordinance was presented for First Reading due te
changes made at the 3/18/91 joint Finance/Environmental & Clean City Committee meeting (which
provisions she read into the record - see Commission Memorandum for details), which the
affected haulers had reviewed/accepted. Senior Assistant City Attorney Sandra W. Schneider
advised that the previously-proposed ordinance provided for a 5-year franchise agreement,
but this provided for 7 years since the equipment was amortized over a 7-year period.
With reference to Commissioner Arkin's advice that at the joint meeting, he had requested
clarification of 14A-17.C.1. (page 36) relating to the $75 per account permit fee for a roll-
off container on the street, whether this was a yearly or per container placement fee, the
City Manager advised that it was $75 for 60 days, and Mrs. schneider advised that it was
requested by the Public Works Department. Public Works Director Richard A. Gatti advised
that the $75 fee was based on estimated administrative costs; that the ordinance was
attempting to control placement of roll-off bodies. Commissioner Arkin advised that for home
improvements, he felt a $75 fee in addition to the $200+ waste collector's charge, was
excessive for a 1-week period, and recommended it be reduced to $35; Mr. Gatti advised that
there would be no problem in modifying the fee.
Commissioner Shapiro asked that the language be clarified in Sec. 14A-15 .A. 5. (page 28)
regarding Commission approval of franchise waste contractor (FWC) license/franchise agreement
being assigned, to include FWC stock sale/transfer to another entity (unless public company)
as discussed/requested at the joint meeting.
Ordinance, as amended, passed on First Reading.
Hearing and Second Reading scheduled for 4/24/91, commencing at 11:30 a.m.
ACTION SUMMARY
APRIL 10, 1991
-11-
REGULAR AGENDA - MARCH 20, 1991
D. COMMISSION MEMORANDUM NO. 131-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FL DA, AMENDING CHAPTER
39 OF THE MIAMI BEACH CITY CODE ENTITLED "STREETS AND SIDEWALKS" B DING AN ARTICLE THEREIN
ENTITLED "SIDEWALK CAFES" BY DEFINING TERMS THEREIN; PROVIDING THE LOCATIONS FOR SIDEWALK
CAFES; PROVIDING STANDARDS AND CRITERIA FOR PERMIT REQUI ENTS; PROVIDING CONDITIONS OF
PERMIT; PROVIDING FOR DENIAL OR REVOCATION OR SUSPENSION PERMIT AND PENALTIES; PROVIDING
FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLIC HEREWITH; PROVIDING FOR AN EFFECTIVE
DATE.
R-S. ORDINANCES - FIRST READING (CONTINUED)
ACTION: proposed ordinance
ADOPT THE ORDINANCE.
ADMINISTRATION RECOMMENDATION: THAT THE
(PUBLIC WO
to add a definition of "debris" on page 2.
d concern about possibly discouraging people from continuing
to improve the area, sta g that Ocean Drive had a unique character that did not lend to
uniformity. Commissio r Arkin advised that he understood that this ordinance would replace
the need for Comm' ion-approved revocable permits, and that most of the standards were
required for th ermit procedure.
Item refe d to the Land Use & Development Committee; Commissioner Shockett suggested that
the pr sed ordinance be revised to be less restrictive and suitable for existing conditions
to ow continued growth; that provision be made for a temporary permit subject to complying
. h the requirements; and that the Administration determine if the proposed charges were
comparable to those charged in other areas/Dade County. Commissioner Resnick suggested the
,process be made as simple as possible within the rules/regulations.
E. COMMISSION MEMORANDUM NO. 140-91 ,
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A,
ENTITLED "GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL", PROVIDING DEFINITIONS, REQUIRING
THAT EACH PROPERTY HAVE A GARBAGE COLLECTION SERVICE; REVISING REGULATIONS FOR COLLECTION
AND DISPOSAL OF WASTE BY THE CITY AND BY PRIVATE WASTE COLLECTORS; REVISING REGULATIONS
PERTAINING TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE FACILITIES AND DISPOSAL OF
TRASH AND WASTE; CREATING A SANITATION APPEALS BOARD TO HEAR APPEALS FROM DETERMINATIONS BY
ADMINISTRATIVE OFFICIALS REGARDING LOCATION OF GARBAGE FACILITIES, AND GARBAGE STORAGE
FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND OTHER ITEMS BY PROPERTY OWNERS,
OPERATORS AND OCCUPANTS; ESTABLISHING REGULATIONS FOR THE DISPOSAL OF HAZARDOUS AND
BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF REGULATED STASH AREAS, AND CITY COMMISSION
APPROVAL OF FEES FOR SUCH USE; EXEMPTING COLLECTION AND DISPOSAL OF MATERIALS FOR RECYCLING
PURSUANT TO INTERLOCAL AGREEMENT FROM THE REQUIREMENTS OF CHAPTER 14A; PROVIDING REVISED
REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE WASTE COLLECTORS/CONTRACTORS;
PROVIDING FOR FRANCHISE FEES TO BE PAID TO THE CITY BY FRANCHISE WASTE CONTRACTORS AND
ESTABLISHING PROCEDURES FOR MONITORING AND AUDITING OF SAME; REVISING REGULATIONS PERTAINING
TO THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE CONTRACTORS; ESTABLISHING PROCEDURES FOR
THE SELECTION OF RECYCLING CONTRACTORS; PROVIDING FOR REMOVAL, STORAGE AND DISPOSAL OF
UNAUTHORIZED GARBAGE FACILITIES FOUND ON PUBLIC PROPERTY; REVISING FEES FOR CITY COLLECTION
AND DISPOSAL OF GARBAGE AND TRASH; REVISING PROCEDURES FOR ENFORCEMENT; ESTABLISHING
PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS OF FINES TO THE CITY MANAGER OR HIS DESIGNEE;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
(PUBLIC WORKS)
ACTION: Deferred to 4/10/91 pending revision to include changes which resulted from the
3/18/91 Finance Committee/Environmental & Clean City Committee joint meeting; Administration
to notify interested parties.
Also see related item R-6B.
ACTION SUMMARY
MARCH 20, 1991
-8-
REGULAR AGENDA - FEBRUARY 20. 1991
R-3. TIME CERTAIN ITEMS (CONTINUED)
11:30 A,M. PUBLIC HEARING - SECOND AND FINAL READING
c. COMMISSION MEMORANDUM NO. 20-91
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A,
ENTITLED "GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL", PROVIDING DEFINITIONS, REQUIRING
THAT EACH PROPERTY HAVE A GARBAGE COLLECTION SERVICE; REVISING REGULATIONS FOR COLLECTION
AND DISPOSAL OF WASTE BY THE CITY AND BY PRIVATE WASTE COLLECTORS; REVISING REGULATIONS
PERTAINING TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE FACILITIES AND DISPOSAL OF
TRASH AND WASTE; CREATING A SANITATION APPEALS BOARD TO HEAR APPEALS FROM DETERMINATIONS BY
ADMINISTRATIVE OFFICIALS REGARDING LOCATION OF GARBAGE FACILITIES, AND GARBAGE STORAGE
FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND OTHER ITEMS BY PROPERTY OWNERS,
OPERATORS AND OCCUPANTS i ESTABLISHING REGULATIONS FOR THE DISPOSAL OF HAZARDOUS AND
BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF REGULATED STASH AREAS, AND CITY COMMISSION
APPROVAL OF FEES FOR SUCH USE; EXEMPTING COLLECTION AND DISPOSAL OF MATERIALS FOR RECYCLING
PURSUANT TO INTERLOCAL AGREEMENT FROM THE REQUIREMENTS OF CHAPTER 14A; PROVIDING REVISED
REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE WASTE COLLECTORS/CONTRACTORS;
PROVIDING FOR FRANCHISE FEES TO BE PAID TO THE CITY BY FRANCHISE WASTE CONTRACTORS AND
ESTABLISHING PROCEDURES FOR MONITORING AND AUDITING OF SAME; REVISING REGULATIONS PERTAINING
TO THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE CONTRACTORS; ESTABLISHING PROCEDURES FOR
THE SELECTION OF RECYCLING CONTRACTORS; PROVIDING FOR REMOVAL, STORAGE AND DISPOSAL OF
UNAUTHORIZED GARBAGE FACILITIES FOUND ON PUBLIC PROPERTY; REVISING FEES FOR CITY COLLECTION
AND DISPOSAL OF GARBAGE AND TRASH; REVISING PROCEDURES FOR ENFORCEMENT; ESTABLISHING
PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS OF FINES TO THE CITY MANAGER OR HIS DESIGNEE;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
,AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC HEARING.
(PUBLIC WORKS)
(FIRST READING 1/9/91 - SECOND READING DEFERRED 2/6/91)
(HEAR IN CONJUNCTION WITH R-6A)
....
ACTION: Withdrawn by the Administration (substantial changes necessary); referred to the
Finance and Environmental & Clean City Committees for review jointly.
ACTION SUMMARY
FEBRUARY 20, 1991
-13-
REGULAR AGENDA - FEBRUARY 6. 1991
R-3. TIME CERTAIN ITEMS (CONTINUED)
11:30 A.M. PUBLIC HEARING - SECOND AND FINAL READING
E. COMMISSION MEMORANDUM NO. 20-91
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
14A, ENTITLED "GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL", PROVIDING DEFINITIONS,
REQUIRING THAT EACH PROPERTY HAVE A GARBAGE COLLECTION SERVICE; REVISING R~GULATIONS FOR
COLLECTION AND DISPOSAL OF WASTE BY THE CITY AND BY PRIVATE WASTE COLLECTORS; REVISING
REGULATIONS PERTAINING TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE FACILITIES AND
DISPOSAL OF TRASH AND WASTE; CREATING A SANITATION APPEALS BOARD TO HEAR APPEALS FROM
DETERMINATIONS BY ADMINISTRATIVE OFFICIALS REGARDING LOCATION OF GARBAGE FACILITIES, AND
GARBAGE STORAGE FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND OTHER ITEMS BY
PROPERTY OWNERS, OPERATORS AND OCCUPANTS; ESTABLISHING REGULATIONS FOR THE DISPOSAL OF
HAZARDOUS AND BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF REGULATED STASH AREAS, AND
CITY COMMISSION APPROVAL OF FEES FOR SUCH USE; EXEMPTING COLLECTION AND DISPOSAL OF
MATERIALS FOR RECYCLING PURSUANT TO INTERLOCAL AGREEMENT FROM THE REQUIREMENTS OF CHAPTER
14A; PROVIDING REVISED REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE WASTE
COLLECTORS/CONTRACTORS; PROVIDING FOR FRANCHISE FEES TO BE PAID TO THE CITY BY FRANCHISE
WASTE CONTRACTORS AND ESTABLISHING PROCEDURES FOR MONITORING AND AUDITING OF SAME; REVISING
REGULATIONS PERTAINING TO THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE CONTRACTORS;
ESTABLISHING PROCEDURES FOR THE SELECTION OF RECYCLING CONTRACTORS; PROVIDING FOR REMOVAL,
STORAGE AND DISPOSAL OF UNAUTHORIZED GARBAGE FACILITIES FOUND ON PUBLIC PROPERTY; REVISING
FEES FOR CITY COLLECTION AND DISPOSAL OF GARBAGE AND TRASH; REVISING PROCEDURES FOR
ENFORCEMENT; ESTABLISHING PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS OF FINES TO THE
CITY MANAGER OR HIS DESIGNEE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC HEARING.
(PUBLIC WORKS)
(FIRST READING 1/9/91 - SECOND READING DEFERRED 1/23/91)
...
CLERK'S NOTE: Matter withdrawn by the Administration and referred to the Environmental
& Clean City Committee.
F. COMMI N MEMORANDUM NO. 39-91
AN ORDIN CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 7, ENTITLED "PARKING
REGULATIONS" ITY OF MIAMI BEACH COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY ADDITION
OF SUBSECTION 7-1 , CONVENTION CENTER PARKING", PROVIDING FOR THE
ISSUANCE OF SUPPLEME CONVENTION CENTER PARKING PERMITS AUTHORIZING THE USE OF VACANT
LOTS IN THE RM-1, RM-2, CD- CD-2 AND CD-3 ZONING DISTRICTS LOCATED WITHIN 2,500 FEET OF
THE CONVENTION CENTER, FOR 0 TION AS COMMERCIAL PARKING LOTS FOR THE DURATION OF
SCHEDULED EVENTS REQUIRING ADDITIO PARKING; ESTABLISHING STANDARDS FOR THE OPERATION OF
SAID LOTS; PROVIDING FOR SEVERABILITY, EALING ALL ORDINANCES IN CONFLICT THEREWITH, AND
PROVIDING AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC HEARING.
ACTION: Ordinance No. 91-2733 adopted*; Manager authorize issue supplemental parking
permits on an event-to-event basis; no lot to receive more t six permits per year;
authority to issue permits limited to two years from the passage 0 is ordinance.
*NOTE: Ordinance incorporates the Planning Board's changes and standar for
and operation of lots as outlined in the memorandum. (See meeting fi
details. )
ACTION SUMMARY
FEBRUARY 6, 1991
-7-
REGULAR AGENDA - JANUARY 23. 1991
R-3. TIME CERTAIN ITEMS (CONTINUED)
11:30 A.M. PUBLIC HEARING - SECOND AND FINAL READING (CONTINUED)
E. CITY ATTORNEY COMMISSION MEMORANDUM NO. 19-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
24-2 ENTITLED "PROHIBITED NOISES" BY PROHIBITING THE OPE N OF RADIOS OR OTHER MECHANICAL
SOUNDMAKING DEVICES OR INSTRUMENTS IN VEHICLES PUR TO FLORIDA STATUTE SECTION 316.3045,
AND FURTHER PROHIBITING THE OPERATION OF RAD OR OTHER MECHANICAL SOUNDMAKING DEVICES OR
INSTRUMENTS IN OR UPON PUBLIC PROPERTY CH SOUND CAN BE HEARD FROM MORE THAN FIFTY (50)
FEET TO BE MEASURED IN A STRAIGHT FROM ITS SOURCE; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; PROVIDING FOR SE ILITY; PROVIDING FOR AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC H G.
(CITY MANAGER'S OFFICE)
(FIRST READING 1/9/91)
Hearing held and concluded.
Ordinance No. 91-2730 adopted, to become effective 2/2/91.
Note: 1/24/91 letter from Deborah Ripley of Landfall Press, complaining of noise during Art
Deco Weekend, filed with meeting records.
F. COMMISSION MEMORANDUM NO. 20-91
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A,
'ENTITLED "GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL", PROVIDING DEFINITIONS, REQUIRING
THAT EACH PROPERTY HAVE A GARBAGE COLLECTION SERVICE; REVISING REGULATIONS FOR COLLECTION
AND DISPOSAL OF WASTE BY THE CITY AND BY PRIVATE WASTE COLLECTORS; REVISING REGULATIONS
PERTAINING TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE FACILITIES AND DISPOSAL OF
TRASH AND WASTE; CREATING A SANITATION APPEALS BOARD TO HEAR APPEALS FROM DETERMINATIONS B'
ADMINISTRATIVE OFFICIALS REGARDING LOCATION OF GARBAGE FACILITIES, AND GARBAGE STORAGE
FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND OTHER ITEMS BY PROPERTY OWNERS,
OPERATORS AND OCCUPANTS; ESTABLISHING REGULATIONS FOR THE DISPOSAL OF HAZARDOUS AND
BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF REGULATED STASH AREAS, AND CITY COMMISSION
APPROVAL OF FEES FOR SUCH USE; EXEMPTING COLLECTION AND DISPOSAL OF MATERIALS FOR RECYCLING
PURSUANT TO INTERLOCAL AGREEMENT FROM THE REQUIREMENTS OF CHAPTER 14A; PROVIDING REVISED
REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE WASTE COLLECTORS/CONTRACTORS;
PROVIDING FOR FRANCHISE FEES TO BE PAID TO THE CITY BY FRANCHISE WASTE CONTRACTORS AND
ESTABLISHING PROCEDURES FOR MONITORING AND AUDITING OF SAME; REVISING REGULATIONS PERTAINING
TO THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE CONTRACTORS; ESTABLISHING PROCEDURES FOR
THE SELECTION OF RECYCLING CONTRACTORS; PROVIDING FOR REMOVAL, STORAGE AND DISPOSAL OF
UNAUTHORIZED GARBAGE FACILITIES FOUND ON PUBLIC PROPERTY; REVISING FEES FOR CITY COLLECTION
AND DISPOSAL OF GARBAGE AND TRASH; REVISING PROCEDURES FOR ENFORCEMENT; ESTABLISHING
PENALTIES FOR VIOLATIONS; PROVIDING FOR APPEALS OF FINES TO THE CITY MANAGER OR HIS DESIGNEE;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC HEARING.
(PUBLIC WORKS)
(FIRST READING 1/9/91)
ACTION:
Hearing held and concluded.
Public Works Director Richard A. Gatti reviewed the proposed ordinance to update the law per
industry/State regulation changes and to reaffirm the franchise concept in the city, advising
that the ordinance provided for Commission increase of fees over the 7-year contract. The
City Manager advised that the Commission would subsequently authorize licenses for the
franchise waste contractors.
ACTION SUMMARY
JANUARY 23, 1991
-11-
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o IT. (i>.JD-ON)
-' \' DISCUSSIOJ OF STASH AREAS AND cr.IPPINGS/TRASH DISPOOAL.
(REQUES'rED BI{ VICE-MAYOR BEN Z. GRENALD)
ACTION: Vice-Mayor Grenald advised that City's stash areas are being uti:ized by
gardeners/truckers from other. areas of the County, resulting in excessive cost to City for
disposal of material dumped, which cost is rising with Metropolitan Dade County disposal fee
increase effective 10/1/86. He asked Administra tion to immediately attempt to determine
equitable method of charging cost to users, so operation is self-supporting. He also
commended Sanitation Oep~rtment Director Pablo Aguilera for identifying the situation.
Commissioner Singer r.equested status report for 10/15/86 meeting on relocation of Normandy
Isle stash area, and suggested an employee be scheduled at 5i te to monitor dumping on
Sundays.
OCT.j 198G
1\180 ~;ee rel..,tf~(l lt~,":1 n-)n (p,lYO 12) i\nd R-10A (paqr~ 19).
.~\\
D. SYSTEM TO REGULATE STASH AREA USAGE
In response to Commissioner Grenald' s inquiry as to the status of his request tha t the
Administration establish a "chits" system for use at stash areas for unloading of
trimmings, the City Manager advised that the Administration is establishing a coupon book
system which will be in place shortly.
~ A.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
FOLLOWING SECTIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 14A-l
DEFINITIONS; AND SECTIONS 14A-5.1 DEFINITIONS AND 14A-5.2(C) DISPOSAL OF GARDEN TRASH, TREE
AND SHRUBBERY TRASH, AND SPECIAL HANDLING TRASH, BY PROVIDING THAT ALL PERSONS ENGAGED IN
THE PROFESSIONS OF GARDENER, LANDSCAPER, OR RELATED FIELD, SHALL BE REQUIRED TO OBTAIN AN
ANNUAL CITY DECAL AND TO PRESENT CITY COUPONS TO THE STASH GUARD IN ORDER TO DISPOSE OF
TRASH; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
(SANITATION DEPARTMENT)
ACTION: Ordinance passed on First Reading.
Hearing and Second Reading scheduled for 9/16/87, commencing at 11:30 a.m.
:) iqr"7
I) B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
FOLLOWING SECTIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 14A-1
DEFINITIONS; AND, SECTIONS 14A-5.1 DEFINITIONS AND 14A-5.2(C) DISPOSAL OF GARDEN TRASH, TREE
AND SHRUBBERY TPASH, AND SPECIAL HANDLING TRASH, BY PROVIDING THAT ALL PERSONS ENGAGED Ir
THE PROFESSIONS OF GARDENER, LANDSCAPER, OR RELATED FIELD, SHALL BE REQUIRED TO OBTAIN AN
ANNUAL CITY DECAL AND TO PRESENT CITY COUPONS TO THE STASH GUARD IN ORDER TO DISPOSE OF
TRASH; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. NOTICE OF PUBLIC HEARING.
(1ST READING 9/2/87)
(SANITATION DEPARTMENT)
} :.'; ~ ':? (~'. 7
ACTION: Hearing held and concluded.
Ordinance No. 87-2577 adopted, to become effective 9/26/87.
c. COMMISSION MEMORANDUM NO. 266-88
REPORT ON FLORIDA HB 1487 - SOLID ~TE MANAGEMENT LEGISLATION.
ACTION: The Ci ty Manager reviewed memorandum regarding bills pending before the Florida
House and Senate to mandate that solid waste operations and maintenance costs be lOOt funded
by user fees (no General Fund contributions), with only capital equipment costs exempted;
and of funding options for projected FY 1988-89 Sanitation Department budget.
Administration to prepare information notice and otherwise publicize OrODOSf3t1
1 '1101 ;:Inr'l i t-c;
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