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Resolution 79-15853 • RESOLUTION NO. 79-15853 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AUTHORIZING AN AMENDATORY DEED TO A CERTAIN WARRANTY DEED DATED THE 27th DAY OF AUGUST, 1958 , BY AND BETWEEN THE CITY OF MIAMI BEACH FLORIDA, AND THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, TO AMEND THE DESCRIPTION OF A CERTAIN FIFTEEN ACRE TRACT. WHEREAS, the City of Miami Beach, Florida, was the • Grantor of a certain Warranty Deed bearing the date of the 27th day of August, 1958, wherein the Board of Public Instruction of Dade ' County, Florida, was Grantee, and WHEREAS, under the terms of said Deed, the City did grant to the School Board, the right to use for school purposes a certain parcel of land comprising fifteen acres more or less described therein, and WHEREAS, for the reasons set forth in Commission Memorandum No: 7384 , it is advantageous for the City to ' obtain such an amendment to the boundaries, and • WHEREAS, the School Board has indicated that it is willing to enter into such an amendment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be, and they are hereby authorized and directed to enter into an agreement in recordable form amending said Warranty Deed in the manner set forth in Commission Memorandum No. 7384. PASSED and ADOPTED this 7th day of March, 1979. , g. ; ayor Attest: • --/Y/AA ;t4:. ei;(7671.. z,Vre-/ City Cler -- • OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 . • . 4 ; • , . eleeid , , ,,,, , 4 g . ,'�,P_Firi„s. FLORIDA 33139 * „� *- "VACATIONLAND U S. A.” 3•�'CH 260*?---' OFFICE OF THE CITY MANAGER CITY HALL. GAVIN W.O'BRIEN 1700 CONVENTION CENTER DRIVE CITY MANAGER 2 TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 7 DATE: MARCH 7, 1979 TO: ' Dr. Leonard Haber, Mayor and Members of the City Commission FROM: Gavin W. O'Brien , -n� City Manager W " SUBJECT: Amendment to the Existing 15-Acre Recreational Lease with the School Board at the Miami Beach High School to Accommodate Relocation of Public Utilities Facilities The relocation of Public Utilities Facilities from the South Shore Redevelopment area to the water pumping station and storage tank area adjacent to Miami Beach Senior High School and the Fire Station will necessitate construction of a public utilities building for field offices and storage. The proposed site is of an odd configur- ation, and for proper operations the building must be oriented in such a manner so as to require a change in the boundaries between the recreational area jointly used by the School Board and the storage tank facilities. The attached sketch shows the proposed boundary changes which have been approved by both the Miami Beach High School Staff and the School Board. Tho building will be located on property line and the west side will be constructed without any openings allow- ing for the construction of paddle ball courts that would be used jointly by the school and -the public. The City Attorney has prepared a resolution amending the lease agreement with the School Board changing the boundary which will allow for construction of the proposed building and paddle ball courts. , RECOMMENDATION The Administration recommends that the attached resolution be approved changing the boundaries in the lease agreement between the School Board and the City of Miami Beach, and that paddle ball courts be constructed in conjunction with the Public Utilities Building. GWO/FA:pk 106 AGENDA ITEM i?-17-4:7-- DATE 3-.2-77 / it ..Y '4.1 1919 tin 27 MI 2: 46 "9R120€384 AMENDMENT TO DEED THIS INDENTURE made and entered into, by and between THE CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, and THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, formerly known as the Board of Public Instruction of Dade County, Florida, a body politic, organized and existing under the laws of the State of Florida, both having their principal place of business in Dade County, Florida. WITNESSET H: Reference is made to a certain Warranty Deed dated the 27th of August, 1958, wherein the City of Miami Beach, Florida, is ' the Grantor, and the Board of Public Instruction of Dade County, Florida, is the Grantee, said Deed being recorded in the Public Records of Dade County, Florida, at Official Record Book 976 , Page 566 , wherein among other things there is described a certain parcel comprising 15 acres more or less. The parties hereto agree as follows : '} 1 . The School Board of Dade County, Florida, does hereby release the property described below as "Parcel I and "Parcel III" from the terms of the Grant- contained in the above-referenced deed as to said 15 acre tract and does hereby grant, release, convey, and quit-claim the property described as "Parcel I" and "Parcel III" to the City of Miami Beach, Florida, said parcels being described as follows : - PARCEL I 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 circular curve of twenty-eight and three hundredths (28 . 03) feet radius forming the northeasterly property corner of Dade Boulevard (a seventy (70) foot street) and the said north- easterly 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 +:Ls instrument EBpared by ANDREW H. MORIBER Assistant City Attorney OFFICE OF THE CITY ATTORNEY - 1700 CONVtNTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 A.tt N`r • a ., �•016 _ C, 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 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; 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 (90°-00 ' -00") run easterly along a straight line a distance of four hundred and fifty-five and twenty-one hundredths (455. 21) feet to a point said point being the point of beginning for Parcel I; Thence deflecting to the right ninety degrees no minutes no seconds (90°-00 ' -00") run southerly along a straight line two hundred and sixty-six and no hundredths (266 . 00) feet to a point; Thence deflecting to the right ninety degrees no minutes no seconds (90°-00 ' -00") run westerly along a straight line forty-five and no hundredths (45 . 00) feet to a point; Thence deflecting to the left ninety degrees no minutes no seconds (90°-00 ' -00") run southerly along a straight line one hundred and forty and seventy-eight hundredths (140 . 78) feet to a point; Thence deflecting to the left one hundred fifty-four degrees twenty seven minutes fifteen seconds (154°-27 ' -15") run northeasterly along a straight line three hundred and twenty- four and four hundredths (324 . 04) feet to a point; Thence deflecting to the left forty-nine degrees two minutes and fifty-six and seventy-five hundredths seconds (49°-02 ' -56 . 75") run northwesterly along a straight line one hundred and twenty- : ' four and seventy-eight hundredths (124 . 78) feet to a point; Thence deflecting to the left sixty-six degrees, twenty-nine minutes forty-eight and fifteen hundredths seconds (66°-29 ' -48. 15") run westerly along a straight line a distance of forty-five and no hundredths (45. 00) feet to the point of beginning, for Parcel I; As said Parcel I of land is shown in area A-B-C-D-E-F-A on map attached hereto and made part hereof. -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 X 0376 PL, 3 PARCEL III BEGINNING at the point of beginning for Parcel II as described below, thence deflecting to the right twenty- five degrees thirty-two minutes and forty-five seconds (25°-32 ' -45") from the easterly line of Parcel II run southwesterly along a straight line a distance of one hundred and thirteen and twenty hundredths (113 .20) 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 sixty-nine and seventy four hun- dredths (69 .74) feet to a point; said point being the point of beginning for Parcel III; Thence deflecting to the right thirty-five degrees twenty-six minutes fifteen seconds (35°-26 ' -15") run southerly along a straight line a distance of seventeen and twenty-five hundredths (17 . 25) feet to a point; Thence deflecting to the left forty-four degrees twenty- six minutes and fifteen seconds (44°-26 ' -15") run south- easterly along a straight line eighty-six and five hundredths (86 . 05) feet to a point; Thence deflecting to the left thirty-three degrees three minutes forty-five seconds (33°-03 ' -45") run southeasterly along a straight line a distance of eighteen and thirty- three hundredths (18 . 33) feet to a point; Thence deflecting to the left one hundred thirty-seven degrees, fifty-six minutes fifteen seconds (137°-56 '-15") run northwesterly along a straight line one hundred and eleven and fifty-six hundredths (111. 56) feet to the point <. of beginning for Parcel III; As said Parcel III of land is shown in area H-I-J-K-H on map attached hereto and made part hereof. 2 . The City of Miami Beach does hereby grant unto the School Board of Dade County, Florida, the right to use the property described as "Parcel II" subject to the same terms, conditions , and limitations set forth in the above referenced deed. Parcel II is described as follows: PARCEL II BEGINNING at the point of beginning for Parcel I as described above, run south along a straight line (being the westerly line of Parcel I) two hundred and sixty-six and no hundredths (266. 00) feet to a point; Thence deflecting to the right ninety degrees no minutes no seconds (90°-00 ' -00") run westerly along a straight line forty-five and no hundredths (45. 00) feet to a point; -3- OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • Prr F1'_I OT6 •r2CL4 Thence deflecting to the left ninety degrees no minutes no seconds (90°-00 ' -00") run southerly along a straight line one hundred and forty and seventy-eight hundredths (140. 78) feet to a point; said point being the point of beginning for Parcel II; Thence deflecting to the right twenty-five degrees, thirty- two minutes and forty-five seconds (25°-32 ' -45") run southwesterly along a straight line a distance of one hundred and thirteen and twenty hundredths (113 . 20) 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 sixty-nine and seventy-four hundredths (69. 74) feet to a point; Thence deflecting to the left one hundred forty-four degrees thirty-three minutes, forty-five seconds (144°-33 ' -45") run northerly along a straight line one hundred thirty-six and ninety-nine hundredths (136 . 99) feet to the point of beginning for Parcel II; • As said Parcel II of land is shown in area D-G-H-D on map attached hereto and made part hereof. 3 . Parcels I , II and III are shown on the map attached hereto which is made a part hereof by reference. IN WITNESS WHEREOF, the said parties have caused these presents to be executed by their duly authorized officers. Executed this 7th day of March, 1979, for and on behalf of'f:t e, ;City of Miami Beach, Florida. ,( Fti I ,bq,Pq,.y,�D .. . • CITY OF MIAMI BEAC , FLORIDA sem.. Mayor AttPS,t: • City Clerk Executed this,, - - day of March, 1979 , for and on behalf of the School Board of Dade County, Florida. SCHOOL BOARD/DADE COUNTY.;.1 FLORIDA FT of 4,,$O. tr /%fir�, � / "1 ,b• 4„r,„ E l// Attest, t' •• �• ': Cha°rman imitt. ��' •", ire ,e a y -4- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 1:03.76f• ' • STATE OF FLORIDA ) ss : COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared LEONARD HABER and ELAINE MATTHEWS, who being duly cautioned and sworn state that they are respectively the Mayor and City Clerk of the City of Miami Beach, Florida, and that they executed the foregoing Amendment to Deed for and on behalf of the said City. WITNESS my hand and official seal this /3t day of March, 1979 . • fzli -6 054-/(X4-€€,, c? b' • - NotLy Public, State of Florida 'rte % '< atLarge •My''Commission Expires : <z. NOTARY PUBLIC STATE OF FLORIDA AT LARGt MY COMMISSION EXPIRES SEPT. 7 1979 BONDED BY AMERICAN BANKERS INS CO STATE OF FLORIDA ) ss : COUNTY OF DADE ) BEFO.R ME, the undersigned authority personally appeared and ✓\ •• .o,. �-' who being duly cautioned and sworn stated that theyare respectively the Chairman ,and Secretary of the School Board of Dade County, Florida, and that they executed the foregoing Amendment to Deed for and on behalf of the said Board. WITNESS my hand and official seal thisc7 day ,of March, 1979 . • ,0.• �' 4Ty Notary Public, State of. F14ri6.; b at Largd` 1 `J My Commission Expires : i•:7TARY PUBLIC STA.TE OF FLORIDA AT LARGF. MV COMMISSION XPIRI2P. APR. 27. 1970 ..',;,NUEI3 1HHRU GENERAL NUANCE'UiNUERWRITER., -5- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 . . ‘t.cCIFI.IF.., rilarf 6 i;c2006 • • 1 . • . . . . • , /t19/„. •,-6/ :. • „r ,,•,,,\,\./4,/ ,, 4/1 //,/ si) * - 1%'0. i '. 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PAhCIL 15 :I'.... .. . . t.'•-• / i‘ • l '.6.1z7,0,•:1, • . . -,.., .-- ' 0,4)'? ) • 5,0-2‘;-1 " ..., ..,,,,,, ,,,,•-A / ,. 13.33, 'K' i . . . , . ,...3 P . i f N 33e-03/451 . .. s\9 . 0 I . • • ..._ . . ... . .. . __. _ . - . ... ._. _ . ..• -. . . . .. . — • - • . • . ,., ORIGINAL RESOLUTION NO. 79-15853 tt(Authorizing an amendatory deed to a cer- cpni3.213gaagantyRut dfnetru/�7/58 en o is s coon 6 Dade County, to an-end the description of a certain 15 acre tract)