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Resolution 12361 RESOLUTION NO. 12361 OF THE CITY OF MIAMI BEACH WHEREAS , the CITY OF MIAMI BEACH, hereinafter referred to as the "CITY" and the DADE COUNTY BOARD OF PUBLIC INSTRUCTION, hereinafter referred to as the "BOARD" , have each determined that it is to the best interest of the residents of the City and of Dade County, Florida, that an educational complex be constructed on that certain piece of property in the City of Miami Beach, Florida, commonly known as the City of Miami Beach "Par 3 Golf Course, " and that said educational complex be constructed at the ear- liest possible date; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the City is prepared and is willing to enter into a formal agreement with the BOARD in contemplation of the construction of such an educational complex with combined facilities for Senior High School and Middle and Primary Grades. Said agreement shall provide substantially as follows : 1. That the BOARD shall expend a minimum of $6, 700, 000 in the construction of new facilities and pos- sible alterations and enlargements to the existing Senior High School. It is contemplated that the said $6,700, 000 shall be derived generally as follows : It shall be the obligation of the BOARD to make available for such construction appropriate funds in the sum of $2, 020, 000. The balance of the said $6, 700, 000 will be derived from the proceeds of the sale by the BOARD to the CITY of presently existing school facilities at a valu- ation presently appraised at $4, 680, 000, heretofore sub- mitted to the CITY by a Board of three appraisers, to wits S. Z. BENNETT,M.A.I.4WM. BATES COLE, M.A.I . , and LEONARD A. BISZ,M:A.I. The agreement shall provide that the sale of -1- said presently existing school facilities to the City at the appraised values herein set forth is one of the material con- siderations for said agreement. The BOARD will convey fee simple title to the CITY when the following school sites are no longer needed by the BOARD and are phased out. The balance of approximately $4, 680, 000 is to be paid by the CITY to the BOARD within 5 years after commencement of construction, with construction to commence within three (3) years from date hereof. Said existing school facilities and their present appraised value are as follows : Site No. School Property Valuation A-2000 South Beach Elementary $ 237, 500.00 A-1009 Feinberg Elementary 660, 000.00 (Central Beach) A-1111 Ida M. Fisher Jr. High 1, 308, 000.00 A-1005 Nautilus Junior High 950,000.00 A-1006 North Beach Elementary 858,500.00 A-1006 Teacherage 16, 000.00 Biscayne 650, 000.00 TOTAL $4, 680, 000.00 2. The CITY will convey in fee simple to the BOARD the following described property: BEGINNING at the point of intersection of a line parallel to and Fifty and No Hundredths (50 .00) Feet Northwesterly of the Northwesterly line of Dade Boulevard with a circu- lar curve of Twenty-Eight and Three Hundredths (28.03) Feet radius forming the Northeasterly property corner of Dade Boulevard and Prairie Avenue, as the said Northwest- erly line of Dade Boulevard (a Seventy (70) Foot Street) and the said Northeasterly property corner are created in Deed from the Miami Beach Improvement Company to the City of Miami Beach recorded in Deed Book Thirteen Hundred Twelve (1312) at Page One Hundred Sixty-Four (164) of the Public Records of Dade County, Florida, and as said Prai- rie Avenue is shown on Plat of Mid-Golf Subdivision re- corded in Plat Book Four (4) , Page Two Hundred (200) of the Public Records of Dade County, Florida; Thence run Northerly a distance of One and Sixteen Hun- dredths (1. 16) Feet along a portion of the said circular curve forming the Northeasterly property corner of Dade Boulevard and Prairie Avenue to the point of tangency of said circular curve on the Easterly line of Prairie Avenue; Thence run Northerly along the Easterly line of Prairie Avenue Nine Hundred Ninety-Six and Seventy-Five Hundredths (996. 75) Feet to a point; -2- Thence deflecting to the left Sixteen Degrees, Twenty-Four Minutes No Seconds (16°-24 ' -00") continue along the Easterly line of Prairie Avenue a distance of Eight Hundred Three and Eighty-Seven Hundredths (803.87) Feet to a point; Thence deflecting to the right Ninety Degrees No Minutes No Seconds (900-00 ' -00") run easterly along a straight line a distance of Five Hundred and Twenty-One Hundredths (500. 21) Feet to a point; Thence deflecting to the right Sixty-Six Degrees Twenty-Nine Minutes Forty-Eight and Fifteen Hundredths Seconds (66°-29 '- 48. 15") run Southeasterly along a straight line One Hundred Twenty-Four and Seventy-Eight Hundredths (124.78) Feet to a point; Thence deflecting to the right Forty-Nine Degrees T.';o Minutes Fifty-Six and Eighty-Five Hundredths Seconds (49°-02 ' -56.85") run Southwesterly along a straight line Four Hundred Thirty- Seven and Twenty-Four Hundredths (437. 24) Feet to a point; Thence deflecting to the left Sixty-Nine Degrees Fifty-Nine Minutes No Seconds (69°-59 '-00") run Southeasterly along a straight line One Hundred Eighty-One and Thirty Hundredths (181. 30) Feet to a point; Thence deflecting to the left Thirty-Three Degrees Three Minutes Forty-Five Seconds (330 -03 '-45") run easterly along a straight line Two Hundred Eighty-Seven and Ten Hundredths (287. 10) Feet to a point; Thence deflecting to the right Forty-Nine Degrees Fifty-Three Minutes Fifty-three and One Tenth Second (49°-53 '-53. 1") run Southeasterly along a straight line a distance of two Hundred Two and Seventy-Six Hundredths (202.76) Feet to a point; Thence deflecting to the right Eighty Degrees No Minutes Thirty-Six and Nine Tenths Seconds (80°-001-36. 9") run Southwesterly along the aforesaid line parallel to and Fifty and No Hundredths (50.00) Feet Northwesterly of the North- westerly line of Dade Boulevard Fourteen Hundred Forty-Four and Sixteen Hundredths (1444. 16) Feet to the Point of Begin- ning, said tract containing Twenty (20) acres, LESS that certain 5-acre tract and portion of the above described land which has hereinbefore been conveyed to the Board of Public Instruction of Dade County, Florida; and Commencing at the point of intersection of a line parallel to and Fifty and No Hundredths (50. 00) feet Northwesterly of the Northwesterly line of Dade Boulevard with a circular curve of Twenty-Eight and Three Hundredths (28.03) feet radius forming the Northeasterly property corner of Dade Boulevard and Prai- rie Avenue, as the said Northwesterly line of Dade Boulevard (a Seventy (70) Foot Street) and the said Northeasterly pro- perty corner are created in Deed from the Miami Beach Im- provement Company to the City of Miami Beach recorded in Deed Book Thirteen Hundred Twelve (1312) at Page One Hundred Sixty-Four (164) of the Public Records of Dade County, Florida, and as said Prairie Avenue is shown on Plat of Mid- Golf Subdivision recorded in Plat Book Four (4) , Page Two Hundred (200) of the Public Records of Dade County, Florida; THENCE run Northerly a distance of One and Sixteen Hundredths ( 1. 16) feet along a portion of the said circular curve forming the Northeasterly property corner of Dade Boulevard and Prairie Avenue to the point of tangency of said circular curve on -3- the Easterly line of Prairie Avenue; THENCE run Northerly along the Easterly line of Prairie Ave- nue (a Seventy (70) Foot Street, ) Nine Hundred Ninety-Six and Seventy-Five Hundredths (996.75) feet to a point; THENCE deflecting to the left Sixteen Degrees, Twenty-Four Minutes, No Seconds ( 16°-24 ' -00") continue along the Easterly line of Prairie Avenue (a Seventy (70) Foot Street) , a dis- tance of Eight Hundred Three and Eighty-Seven Hundredths (803.87) Feet to a point, said point being the Point of Beginning of the Parcel of land herein described. THENCE deflecting to the right Ninety Degrees, No Minutes, No Seconds (90°-00 ' -00" ) run easterly along a straight line a distance of Five Hundred and Twenty-One Hundredths (500. 21) Feet to a point; THENCE deflecting to the right Sixty-Six Degrees, Twenty- Nine Minutes, Forty-Eight and Fifteen Hundredths Seconds (66°-29 ' -48. 15") run Southeasterly along a straight line One Hundred Twenty-Four and Seventy-Eight Hundredths (124.78) Feet to a point; THENCE deflecting to the left Sixty-Five Degrees, Fifty-Five Minutes, Fifty-ThreeP Fifteen Hundredths Seconds (65°-55 ' - 53. 15") run easterly One Hundred Fifty-One and Ninety-Six Hundredths (151.96) Feet to a point; THENCE deflecting to the right Sixty-Eight Degrees, Fifty- Four Minutes, Ten Seconds (680-54-10" ) run Southeasterly a distance of Sixty-Four and Seventy-Eight Hundredths (64.78) Feet to a point; THENCE deflecting to the left Sixty-Seven Degrees, Sixteen Minutes, Five Seconds (67°-16' -05" ) run easterly along a straight line Four Hundred Twenty-Eight and Twenty-Five Hundredths (428. 25) Feet/ (said line being parallel to and Twenty-Four and No Hundredths (24.00) feet distant northerly from the north line of the Hebrew Academy Property) to a point on the westerly right of way line of Pine Tree Drive (a 100.00 Foot Street) according to a plat entitled FLAMINGO TERRACE ADDITION recorded in Plat Book Thirty-Four (34) , Page Sixty-Eight (68) , of the Public Records of Dade County, Florida; THENCE deflecting Ninety Degrees, No Minutes, No Seconds (900-00 ' -00" ) to the left run northerly along the westerly line of Pine Tree Drive (a 100.00 Foot Street) according to Plats entitled "FLAMINGO TERRACE ADDITION" and "FLAMINGO TERRACE EXTENSION", according to Plat Book Thirty-Four (34) , Page Sixty-Eight (68) , and Plat Book Thirty-Eight (38) , Page Sixty-One (61) , respectively, Public Records of Dade County, Florida, a distance of Eleven Hundred Seventy-Eight and Forty-Two Hundredths (1178.42) Feet to a point of cur- vature (PC) of a circular curve; THENCE run northwesterly along the arc of a circular curve deflecting to the left, having for its elements a central angle of One Hundred Fourteen Degrees, Twelve Minutes, Forty-Five Seconds ( 114°-12 ' -45") , a radius of Forty-Eight and Five Tenths (48. 5) Feet, a distance of Ninety-Six and Sixty-Eight Hundredths (96. 68) Feet to the point of tangency (PT) of said circular curve; THENCE tun tangent to the last mentioned curve along the southerly line of West 28th. Street, said southerly line of West 28th Street being Sixty (60) Feet distant Southerly from the Northerly line of West 28th. Street as shown on plats entitled "RESUBDIVISION OF BLOCKS C-D-&E OF FAIRGREEN", and "BLOCKS A AND B, SECOND AMENDED PLAT-FAIRGREEN SUB- DIVISION" , recorded in Plat Book Four (4) , Page One Hundred Fifty-Four ( 154) , and Plat Book Thirty-One (31) , Page Eighty Two (82) , respectively, Public Records of Dade County, Florida, a distance of Nine Hundred Eighty-Two and Forty-Three Hundredths (982.43) Feet to a point of curva- ture (PC) of a circular curve; -4- THENCE run along the arc of a circular curve deflecting to the left, having for its elememts a central angle of Thirty-Five Degrees, Thirty-Nine Minutes, No Seconds (350-39 ' -00") , a radius of Two Hundred and No Hundredths (200.00) Feet, a distance of One Hundred Twenty-Four and Forty-Four Hundredths (124.44) Feet to the point of tangency (PT) of the last mentioned curve; THENCE run tangent to the last mentioned curve, a distance of One Hundred. Forty-Nine and Fifteen Hundredths (149. 15) Feet to the point of curvature (PC) of a circular curve; THENCE run alone; the arc of a circular curve deflecting to the left, having for its elements a central angle of Thirty-Two Degrees, Twenty Minutes, Fifteen Seconds (320-20 ' --15") , a radius of Three Hundred and No Hundredths (300.00) Feet, a -distance of One Hundred Sixty-Nine and Thirty-Two Hundredths (169. 32) Feet to the point of tangency (PT) of said circular curve; the distance along the last two circular curves and the tangent between same, along Prairie Avenue, are field measurements, corresponding to measurements shown on plat entitled "DEDICATION OF PORTION OF WEST 26th STREET AND PRAIRIE AVENUE" , according to the plat thereof recorded in Plat Book Thirty (30) , Page Forty-Seven (47) of the Public Records of Dade County, Florida; THENCE run tangent to the last mentioned circular curve, along the easterly line of Prairie Avenue (a 70 Foot Street) , a distance of Two Hundred Ninety-Eight and Twenty-One Hundredths (290.21) Feet to the Point of Beginning of the parcel of land herein described, containing Twenty-Three and Ninety-Seven Hundredths (23. 97) Acres, more or less. All of the above described property lying and being in the City of Miami Beach, Dade County, Florida. Less easements for existing various underground utilities as shown in sketch of survey prepared Janury 9, 1957, by J. B. Ford Company, Order No. 16841, as amended by relocation subsequent to that date. 3. The BOARD shall construct said educational complex with a capacity of not less thai 6, 716 students, provided that when enroll- ment reaches 7, 500 students, the BOARD will in its next Budget provide for construction of facilities in said complex for rJ, 700 students. 4. The architectural services for the educational complex shall be the subject matter of a national competition, the objective being that the said complex will be the latest and most modern expression of educational utility and aesthetics. 5. It is conceivable that the CITY' S plans for a Civic and Cultural Complex in the vicinity of the proposed educational complex will require the grant by the BOARD to the CITY of various rights of way and other interests in land on the property presently owned or being used by the BOARD for the Miami Beach Senior High School and in land contemplated to be conveyed hereby, and the BOARD agrees to grant such rights of way and other interests in land to the CITY, as the same may be required in land now owned or used by the BOARD, or -5- hereby agreed to be conveyed, but without material detriment or deprivation of the rights of the BOARD to continue the use of the existing Miami Beach Senior High School property and land contemplated to be conveyed hereby. 6. It is understood and agreed that children of residents of the City of Miami Beach will be given priority in enrollment at said Educational Complex. 7 . Any necessary relocation of water mains and sanitary sewer force mains to be at the cost and expense of the School Board. 8. This resolution shall be effective only upon the condition that it be held, found and determined in an appropriate suit for Declaratory Decree that: (a) The City Council is empowered to enter into the agreement contemplated hereby and that the same would not be ultra vires (b) That if the City Council be empowered to enter said agreement, that the same is supported by adequate consideration (c) That the School Board is authorized to convey the surplus school properties described herein, notwithstanding the provisions of Section 235.04 Fla. Statutes (d) That an election by the Electorate of the City of Miami Beach held in accor- dance with the provisions of the Dade County Home Rule Charter approving the agreement contemplated hereby will authorize and fully perfect and vali- date the same in all respects . PASSED and ADOPTED this 6th day of March , 1968. (Signed) Jay termer Mayor ATTEST: (Signed) Ruth 3. Rouleau City Clerk and Finance Director (SERL) -6- r O• i -o •- E C 4. 0 M (t U U 7 CO L.- (U d U N C C O C —•- N LO 4J Q3 M d) U (0 cV 3•- U c Q N_Q -0 O •- 7 ) C --- O d (.77 Z C C4- (0 Q) O ++ O O E 4- L - Q)-0 0 O I- (1) L Q_ L (0 C O - O)O 0 L O (0 on •— 4-1 w rn>- Um a) C 4.) 7 N C L U L N •- 0O N C 0 L U C 0 U 0 0 s W U X 4- 4-)'0 N M (o N 0 Q p L Q C7