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Resolution 6903 RESOLUTION NO. 6903 WHEREAS, The Board of Public Instruction of Dade County, Florida, is the owner of a certain tract of land situate in the City of Miami Beach, Florida, particularly described in that certain deed recorded in DeeBook 2007, at page 455 of the Public Records of Dade County, Florida, to which deed reference is here made for a more particular description of said lands and of which the first hereinafter described lands are a part, which said lands the Board desires to utilize as a school site for the construction and maintenance thereon of a school center but which said tract so owned by the Board is found insufficient and inade- quate for such purpose; and WHEAS, the City of Miami Beach, a municipal corporation of Dade County, Florida, is the owner of a tract of land situate and lying adjacent to and immediately South of the lands so owned by the Board particularly described in that certain deed recorded in Deed Book 1976, at page 39, of the Public Records of Dade County, Florida, to which deed reference is here made for a more particular description of said lands and which lands are now being utilized for park purposes and of which the lands last hereinafter described are a part; and WHEREAS, it has been found and determined by the City and by the Board, acting by and through their respective governing bodies, that an exchange of lands by the parties each to the other as herein done, to the end that said school center may more ade- quately serve its intended purpose, will be greatly to the benefit and best interests of the parties hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that of the lands so owned by said City as aforesaid, the following described tract, to-wit: Beginning at a point which is the intersection of the Southerly line of Test Forty-third (43rd) Street, produced Easterly, with the Easterly line of North Michigan Avenue, as shown on Plat of Nautilus Exten- sion Third, recorded in Plat Book 34, at page 98, of the Public Records of Dade County, Florida, said point of beginning being also the Northwesterly corner of a five (5) acre City Park; thence run easterly along the southerly line of West Forty-third (43rd) Street produced Easterly, said line being the Northerly line of said five (5) acre park, a distance of two hundred sixty (260) feet to a point; thence deflecting to the right ninety (90) degrees run in a southerly direction a distance of two hundred twenty-seven (227) feet to a point; thence deflecting to the right ninety (90) de- grees run in a Westerly direction to the Easterly line of North Michigan Avenue as said North Michigan Avenue is shown on the above-mentioned plat; thence run in a Northerly direction along the Easterly line of said North Michigan Avenue to the point of beginning, con- taining one and three tenths (1.3) acres, more or less, be conveyed to the Board of Public Instruction of Dade County, Florida, in exchange for the conveyance by said Board to the City of Miami Beach of the following described tract of the lands so owned by said Board, to-wit: -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA Beginning at the intersection of the south line of West Forty-third (43rd) Street, produced easterly, with the Easterly line of North Michigan Avenue, as shown on Plat of Nautilus Extension Third, recorded in Plat Book 34, at page 98, of the Public Records of Dade County, Florida, said point being also the northwesterly corner of a five (5) acre City Park; thence run Easterly along the Southerly line of :Jest Forty-third (43rd) Street, produced Easterly, said line being the Northerly line of said five (5) acre park, a distance of Seven Hundred Fifty-two and eight tenths (752.8) feet to a point on the Westerly line of North Meridian Avenue, as shown on Plat of Nautilus Addition, recorded in Plat Book 8, at page 130, of the Public Records of Dade County, Florida, said point being the point of be- ginning of the tract of land herein described; from said point of beginning run in a Northerly direction along the said Westerly line of North Meridian Avenue a distance of 151.89 feet to a point said point being Fifty-one and two tenths (51.2) feet northerly from the point of curvature as shown on said Plat of Nautilus Addition; thence run in a Westerly direction along a line deflecting to the left Ninety (90) degrees, a distance of Two Hundred eighty-six and five tenths (286. 5) feet to a point; thence deflecting to the left Ninety (90) degrees run in a Southerly direction to the aforesaid. Easterly extension of the Southerly line of West Forty-third (43rd) Street, thence run in an easterly direction along the said Easterly extension of the Southerly line of West Forty-third (43rd) Street to the point of beginning, containing 1.3 acres, more or less. BE IT FURTIER RESOLVED that the indenture by which the aforesaid exchange of property is to be effectuated shall contain the following: "AND for the consideration aforesaid and better to effectuate the intention and purposes of the parties for the construction and maintenance of a school center as aforesaid, the City does hereby grant unto the Board the right and privilege to use for school purposes, in conjunction with the use by the general public for park purposes, the lands herein by the Board to the City conveyed and as well the residue and remainder of the lands described in Deed Book 1976 at page 39 aforesaid for so long only as a school and school center shall be maintained and operated by the Board on the lands herein by the City to the Board conveyed; subject always to the control and supervision of the City, its officers, agents and employees. Provided, however, that nothing herein shall operate or be consrued to exclude the use, by the general public for park purposes, of the lands herein by the Board to the City conveyed and as well the residue and remainder of the lands des- cribed in Deed Book 1976, at page 39, aforesaid, as to which lands the City of Miami Beach retains the right in its discretion, of development for addi- tional park and recreational purposes, including the construction and maintenance of an off-street park- ing area thereon." -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA BE IT FURTHER RESOLVED that the Mayor and the City Clerk be and they are hereby authorized and directed to execute all indentures and other documents necessary to carry into effect the terms and conditions of this resolution. PASSE and ADOPTED this Lith day of May, A. D. 19 .9. Mayor ATTEST: r ! / _ ._ C ity Clerk 0 -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA- stc4