Loading...
Resolution 78-15789 • • RESOLUTION NO,•78-1 5789 - A RESOLUTION AUTHORIZING & DIRECTING OUR CITY MANAGER TO TAKE ALL STEPS NECESSARY TO APPLY FOR AND ACCEPT • FROM THE GSA & DEPT. OF INTERIOR THE PROPERTY KNOWN AS U.S. ARMY CORPS OF ENGINEERS, MIAMI BEACH RESERVATION, DADE COUNTY, MIAMI BEACH, FLORIDA, GSA CONTROL NUMBER D-FLA-739 , 15. 5 ACRES, ADJACENT TO GOVERNMENT CUT. Whereas, certain real property owned by the United States, located in the County of Dade , State of Florida , has been declared surplus and at the discretion of the• Ceneral Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreation purposes, under the provisions • • or,' Section 203(k)(2) of the Federal Property and Administrative Services Act' of 1949 '(63 Stat. 387) , as amended, and rules and regulations promul- • gated pursuant there•tJ, more particularly as described• in paragraph 1, Part "B" of this application. • Whereas, City of Miami Beach, Florida • _ (Legal Name of Applicant) • T •:.,s needs and will utilize said property in perpetuity for a public park or. recreation area as set forth in its application anti in accordance with • • the requirements of said Act and the rules and regulations promulgated • thereunder; Now, Therefore, Be It Resolved, that Citi of Miami Beach, Florida • . (Legal Name of Applicant) shall make application to the Secretary of the Interior for and secure • tea transfer to it of the above-mentioned property for said use upon and subject to such exceptions, reservations, ter'. :, covenants, agreements, • conditions, and restrictions as the Secretary of the Interior, or his authorized representative, may require in connection with the disposal of said property under Act and the rules and regulations issued pursuant t€hereto; and Be It Further Resolved that City of Miami _Beach.' F3,orj.d3, : i (Legal Name of Applicant) • has legal authority, is willing and is in a position to assume immediate ca.:e and maintenance of the property, and that Mr. Gavin W. O'Brien (Name of Official(s) City Manager • Authorized) (Title of? Official(s)) • •be and he is hereby authorized, for and on behalf of•the City of Miami • (Legal • Beach, Florida • • 1 to do and perform any and all acts Name of Applicant) • .and things which may be necessary to carry out the foregoing resolution, , including the preparing, making, and filing of 'plans, applications, reports', and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of ' • said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or • I , fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation of instruments, or other costs identified with the Federal surplus property acquisition. PASSED and ADOPTED this 6th day of December, 1978. / r //ef mayor ATTEST: G CITY OF MIAMI BEACH., FLOF,IDA City Clerk City Manager's Office City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 STATE OF FLORIDA: COUNTY OF DADE: - I, Elaine Matthews, hereby certify that T am. the City Clerk of the. City of Miami Beach, Florida, and that the foregoing resolution is a true and correct copy of the resolution adopted by the vote of a majority of the member's of said City Commission of the City of Miami Beach_, Florida, present at a meeting of said body on the 6th day of December, 1978, at which a quorum was present. WITNESS MY HAND and the official seal of said City this 6th, day of December, 1978,. , City Clerk -2- • • • fees or costs incurred in connection with the transfer of said property • for survey, title searches, recordation of instruments, or other costs identified with the Federal surplus property acquisition. City of Miami Beach, Florida • • (Legal Title of Governing Body of Applicant) • • City Manager's Office City Hall 1700 Convention Center Drive • Miami Beach, Florida 33139 • (Address) • •• . Ia Elaine Matthews , hereby certify that I am the • (Name of Certifying Officer) City Clerk , of the (Title of Certifying Officer) (Title of _ City of Miami Beach, Florida ; and that the foregoing, ' Governing Body of Applicant) resolution is a true and correct copy of the resolution adopted by the vote of a majority of the members of said City Commission of the (Title.of ' •City of Miami Beach, Florida_- , present at a meeting of said body on . Governing Body of Applicant) the 6th day of December , 1978 , at which a quorum was S present. • ( EA t) 1. ignature of Certifying Officer) • 24. • • • ' • . , ti• Assurance of Compliance with Department .of the Interior Regulations under Title VI of the Civil Rights Act of 1964 • The following agreement is made by the applicant in consideration of and . for the purpose of obtaining the transfer of any or all property covered. ' by this application and the applicant recognizes and agrees that any such transfer will be made by the United States in reliance on said agreement. . . The applicant agrees that (1) the program for or in connection with which • any property covered by this application is transferred to the applicant will be conducted in compliance with, and the applicant will comply with . . and require any other person .(any legal entity) who through contractual or other arrangements with the applicant is authorized to provide services • • or benefits under said program to comply with, all requirements imposed by • or pursuant to the regulations of the Department of the Interior (43 CFR Part 17) issued under the provisions of Title VI of the Civil Rights Act • of 1964; (2) this agreement shall be subjdct in all respects to the pro- visions of said regulations; (3) the applicant will promptly take and ' continue to take such action as may be necessary to. effectuate this agree- ment; (4). the United States shall have the right to seek judicial enforce- ment of this agreement; and (5) this. agreement shall be binding upon the ' 'successors and assigns of the applicant. • • It is agreed that the instrument effecting the transfer to the applicant' of any property covered by this application will contain provisions satisfactory to the United States incorporating the substance of the . foregoing agreement, such provisions to consist of' (a) a condition, r coupled with a right reserved to the United States to cause the propert; • . to revert to the United States in the event of any. breach of such condi- tion, and (b) a covenant running with the land. • • • . a 1' ,X, .. .r """ i `f!'l'►+ew ,'�ei.�'k'.W o , ...n.v.rr r,' v.nv, ..,.wa.w•.r.«.. • • • • APPLICATION FOR FEDERAL SURPLUS PROPERTY FOR PUBLIC PARK OR RECREATIONAL PURPOSES • • Part "A" • To: Department of the Interior Heritage Conservation and Recreation Service Southeast Region 148 'International Blvd. • Atlanta, Georgia 30303 • The undersigned City of Miami Beach, Florida • • (State or local government or instrumentality thereof) hereinafter referred to as the Applicant or Grantee, acting by and through • Mr. Gavin W. O'Brien, City Manager (Name and Title) City Manager's Office 1.700 Convention Center Drive • • ' (Street Address) of The City of Miami Beach, Florida 33139 hereby makes application to the United States pursuant to Section 203(k)(2) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 387) . as amended, and in accordance with the rules and regulations of the Department of the Interior, for the transfer of the following property which has been ' declared surplus by the General Services Administration and is subject to assignment to the Secretary of the• Interior for disposal for public park or recreation purposes: U.S. Army Corps of Engineers Miami Beach Reservation 11 • Dade County, Miami Beach, Florida GSA Control Number D-FLA-739 • 15. 5 Acres This property is more fully described in Part "B" of this application. attached hereto and made a art thereof. - Enclosed herewith is a resolution or certified statement. showing the ' • authority of the undersigned to execute this application and to do all other acts necessary to consummate the transaction. • The undersigned agrees that this application is made subject to the • following terms and conditions: • • 1. This application and its acceptance by the Department of the Interior shall constitute the entire agreement between the Applicant and the Department of the Interior, unless modified in writing signed by both parties. • 2. The descriptions of the property set forth above are believed to be correct, but any error or omission shall not constitute ground or reason for nonperformance of the agreement resulting from the accept- ance of this application. • ..,..•„G,•�. ,edr { ,f>ti?'�"�'dr ?q. a](.tF9' R7µ'/, i M1 J, .,'V� �.i ti tilvt k�.�l,�l'NjL"7 A • 5��4�:��N'ii .. .. • 1 • 3. It is understood that the property is to be conveyed "As Is" and "Where Is" without representation, warranty, or guaranty as to quantity, quality, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose intended, and no claim for any adjustments upon such grounds will be considered after this application has been accepted. 4. The Applicant agrees to assume possession of the property within 15 days of any written request given by the Department of the Interior after the property has been assigned to the Department of the Interior by the General Services Administration. Should the Applicant fail to take actual possession within such period, it shall nonetheless be charged with constructive possession commencing at. 12:01 a.m. , local time, of the 16th day after such request by the Department of the Interior. The word "possession" shall mean either actual physical possession or constructive possession. 5. As of the date of assumption of possession of the property, or the date of conveyance, whichever occurs first, the Applicant shall assume responsibility for any general and special real and personal property taxes which may have been or may be assessed on the property, and to prorate sums paid, or due to be paid, by the , Federal Government in lieu of taxes. 6. As of the date of assumption of possession of the property,' or the date of conveyance, whichever occurs first, the Applicant shall assume responsibility for care and handling and all risks of loss or damage to the property, and have all obligations and liabilities of ownership. 7. The Applicant shall on a mutually agreeable date not later than 30 days after the property has been assigned to the Department of the Interior, or such longer period .as may be agreed upon in writing, tender to the Department of the Interior, the purchase price. 8. Conveyance of the property shallbe accomplished by an instrument, or instruments, in form satisfactory to the Department of the Interior without warranty, express or implied, and shall contain reservations, restrictions,'and conditions substantially as follows: . . • A. That the Grantee shall forever use the property in accordance with its application, and the approved program of utilization included in the application. B. That the Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain a sign or marker near the point of principal access to the conveyed area indicating that the property is a :park or recreation area and is or will be made available for dee by the general public. 2 • I E . • • . ':Aaxadoxd e41. 10 et:>,nans • ' . leo sxw33esn at7;3 y77�+ uoLaoauuaa uT paxanou7 az;uadxa �Cu*, leo; ted • • • • 01 pa1uI3'tgo aq lou run 3u:)lumu noo /exap:id alp 3ug3 poo$sxopun sT • 3x 'otqutTt,ne onuq /(us.s 1T se 'peAlonu•T et3xedoad pue s,aspueexd mil 30 . at313 0g1 01 'duTletam •.;-tuaamoop 1ag:Jo•x0 's:3urpeeaoad uoT3euw puoa uT , - s3u3213pnr '01333 ;o s1TnupTJ3u 'sz:tagx1squ 'spaap yaps ;o uo•TlaadvuT • • pug unTiuuTuic:ta 33*Iaad Tun put, 'U0I1:,ODU03 sTel3 UT 3u04.10 paZT1 dglnL s1 T a0 3ueat•IddV aqi q TM a1 't 3dooa 'anAemeq .'11.14% 1unmuxan09 • • tt:aapad aq. •as;uadx:e puu 3s03 *TOS syx 3a 3uuaTtddV 043 Xq prxn.oad • aq ruin 3uwaTtddV og3 cq pa_zTs:up ail Am y3•Tgm aauapTna aT3T3 iCuy -or • enTaeoaoex :f c 370 • ;o nLaxnf eq3 Sq pup:nu eq Arae se uoTi eulaolUc pue 's3zcdax 'sde i . . • 'e3ep guns gsxuin; oi snaiSe xayian; 3uuattddy eq/ 'palma;susa3 sues fi=edoxd Dip yu3inao; sesodxnd 113TM 3ua3sTsuou sq tle:;s. .pua u01:74e3 , ' . —Ttdde tuuT2Tao ago ;o lauds amopaq pue o3 pappe eq 'Met Uluec ::BCfe IMS 'A med ley3o ay3 ';o aauaaxnauoa ua33T2n eq3 .143Trt 'weer uveA03 • •• .Iva*Pea ag3 xo 3usa•Ttddy ay3 may33a ;o 3senba1 eg3 .le 'pepuete eq.Aeu ..'•.-_ • uoz*su7tdde gq3 .;o e,ilie 3xt,d uT papntpuT uppe3TY•T3n ;0 C9s2oad eqy •6 • :. _ . -Tes=odsTp ';o •suo•T 1puou ;re s ase3 eq3 ;0 , • - •• • ' • 'Mute• 43TM acusT/duoouou ;o wane ay3 uT uoT3do s91T le ee4 e.g. •• • ' :f : : . • Pa3Tun ay3 03 3aanax Hugs pe220Jsue23 R3xadold aq3 03 ataTX •3 4. .. ... . •say$T2 tzaesTte pule ses • •. .. '(Tq Ire 0/1.1e80.203 3gSTa. ay3 antsy /legs wettu:a:.c3 Tesepe3 aur -d • •uoTi • awy 3o sais3S palTun .aq3 ;0 63aeccad ago wwoueq • • • puu 03 aaanai Tiegs• 'esua;ap tEuoT3eu guns o3 /taessae0u ' • , . • aq 01 peupmaalep ;oaxega 320 leo 'sesTwead Fps 03 pug uT • • • eseaa3uT pug a•[3T1 '3'sxx use 'asua;ap teuoTleu eta xo; papaw' . • axe ';oaxat;x laud Mule leo 'paAanuo3 uTeleq ses3taxd ay3 oeg3 : . . • . auTmxa3ep /tags •eoTxauy ;u sewn paw* alp euT3 Are le ;Z • ••g •• •xoTae3ux ay3 ;o �taeleaaes ' • ay3 £q pauTusxa3ap unpin' see puu s3xodex. 0ATlnuesuo3 ua3 • . • ▪ au; '0T2xoao 'ovum Ile uoT3s913:J1 aoop3:tp ;o neaxng ay3 ;o aaT;;o teuoT401( aaepdoadds ay3 03 pa33Ttgns pue eeluuxg • at{a Aq paaedoad aq /Tugs poTaad aeJ.0-z Su1panead alp 2uTanp • •�f3a�adoad bqt ;o ovum esn ay3 y1ao; SuT33as s3aodea teTuueTg •a • . • •• • •s3uatenax8e guns 01 peuToIgo sT • :3UT3T2n uT a0T181UI .01(1 JO R2e3a13eS ay3 3o aauelanauo3 40Tad eq3 ' • pepTno.td 'sa1aaed my] y3TA oluT paia3ue s3u1atu0032s uoTssoeuou ' • • q!noay3 'eAoqu 'y 'mem2oxd peAoxddu ay3 gain atgT 3sdwoe senriiss • pus seT33fTue; tt:uoT3>'exa0a p03utaa tulpTeoxd wox; ,aelue30 0q3 • apn/load /tugs uoTsTnoxd sTg3 uT 2ulglou eleAeiton ' •aaueAeAuoe • ;o 3uanmalsuT teuT2Tio ay3 uT suot33puoo pug SW103 emus 01(3 - ' 01 aeergns sosodind =eunlee33ax uttgnd ao yxud •OTTgnd ao; • : X3madomd Ota ;0 eDueua3u1uu. puu eon penuT3uo3 ago amiss*, UO3 • 2U11T1n u; 000122 .oTIOIux alp 10 4Cas30aoes ay3 101(3 iteuo 1 • ' re lueuu10no2 atgTQT/e 20y3oue 03 .3d00:40.Jo pesods;p otsTt 0 • -10430 10 'peuSTsee 'peever 'p/os eq lou /tags �t3xadomd m •3 `s i 4^.L."r', .�e..'aii�:? K.MVA .. ., _ .... ._.. -_ _ .. ..•a'•M•W kAMhYW ..:t,_-r. � .:_....._�r:y....L..s :.r•,. n ,,.uu`�Lz .._. _ .. _i • 11. The Applicant shall pay all taxes imposed on this transaction and shall obtain at its own expense and affix to all instruments of conveyance and 'security documents suchrevenue and .documentary stamps as may be required by Federal and local law. All instru—• ' • rents of conveyance and security documents shall be recorded within 30 days of their receipt in the manner prescribed by, local recording statutes at the Applicant's expanse. 12. The attached "Assurance of Compliance with the Department of the ' ' , Interior Regulations under Title VI of the Civil Eights Act of, x.964" • is hereby made apart of the application. 1.3. ' The applicant agrees to comply qui Iii the requirements of :Public Law 90-4S0 (S2 Stat. 71£) the Architectual Farriery • ' let of 196B as amended by Public Law 91--•205 of 1970 (84 Stat. 49) to assure that development of facilities on conveyed surplus 1prop.e tics for public pe ra and recreation purposes are accessible 1 to the physicallyhandicapped; and, further assure in accordance - n•:i.th Public Law 93-•112, The Rehabilitation Act of 1973 (87 Stat.' ' 394) that no otherwise qualified handicapped individual shill• solely . • by reasons of his handicap be excluded from the participation in, ' be'deeicd be neiits of, or be subjected to•,ciis crimin;atioa: under. ' • ' anyprogram pror,m or activity receiving Feder.. =inancial a .•dstnne''• • • • ,- l GSI .I s it Mangy• - T. (Title) . . (t9ated) ,n., 6,' % . 7 ^City Manage 's 'Office, � • ' (Address of Applicant) .... . . • City Hall, 1700 Conven io • , - ,• . . . - . _ • z,- - 39• ' ACCEPTANCE BY TU COVERb°MENT Accepted by and pn behalf of the United States of America this day of , 19 • _ • • DEPARTMENT HENT OF. TUE INTERIOR R Pay •. — _ • • • • . oiliNisporommowomossaanosiotoksilisataa- • :;`� ... '" t tes4�'��IRSd�I; �i- ���$`, . REPORT OF EXCESS JAX-115 U.S. Army Corps of Engineers Miami Beach Reservation Miami Beach, Florida A tract or parcel of land and accreted land located in Section 10. Township 54 South, Range 42 East. Dade County, Florida, being more • particularly described as follows: For a point of reference commence at the northeast corner of the north- west quarter of said Section 10. thence run South 24° 50' West, for a distance of 592.3 feet to a point in the northerly boundary of the U. S. Corps of Engineers Reservation, a portion of which is the land being herein described; thence run along the northerly boundary of said land North 65° 13' West, for a distance of 560 feet more or less to the intersectionof said line with the eastern right of way line of South Washington Avenue said point also being the westernmost corner of Lot 6, Block 4 of South Beach Park Subdivision as shown in Plat Book 6, Page 77, of the public records of Dade County, said point being the Point of Beginning of the tract or parcel of land being described herein. From said Point of Beginning thence run along the northerly boundary of said land South 65° 13' East a distance of 1 ,475.0 feet more or less to its intersection with the erosion control line established for the Miami Beach renoorishment project as shown on Dade County Plat File Number. 24-5342-12, Sheet 1 of 14, dated 25 July 1977; run thence South 23°18'33" East, along said erosion control line and its extension, e distance of 605 feet, more or less to the Mean High Water line of the northerly shore- line of the "Government Cut" for the Entrance Channel of Miami Harbor; run thence northwesterly along said Mean High Water line with an approxi- mate bearing of North 65° 13' West, a distance of 1 ,950 feet more or less to a point on the Mean High Water line which lies South 24° 47' West, a distance of 400 feet more or less from the Point of Beginning aforementioned; thence run North 24° 47' East, a distance of 400 feet more or less to the Point of Beginning. The above-described tract or parcel of land contains 15.9 acres more or less. The bearings and distances stated herein are based on true North. Reserving to the Government a perpetual easement over the southerly 50 feet of said tract for maintenance of the riprap and jetty which lie on the northern shore of the Miami Entrance Channel . ORIGINAL RESOLUTION NO. 78-15789 (Authorizing City Mgr.to make application and accept from GSA Dept.of Interior the property known as U.S. Army Corps of Engineers Miami Beach Reservation, ade Gounty,t1B, F1 . , GSA Control No. D-FLA-739, 15.5 acres adjacent to Government Cut) 1