Resolution 80-16346 RESOLUTION NO. 80-16346
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, READOPTING, RECONFIRMING,
RE-ENDORSING AND AMENDING RESOLUTION NO. 78-15789
AUTHORIZING AND 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 NUM-
BER D-FLA-739, 16.87* ACRES, ADJACENT TO GOVERNMENT CUT.
WHEREAS, on December 6 , 1978, the City Commission of
the City of Miami Beach, Florida adopted Resolution No.
78-15789 entitled:
"A RESOLUTION AUTHORIZING AND DIRECTING OUR CITY
MANAGER TO TAKE ALL STEPS NECESSARY TO APPLY FOR
AND ACCEPT FROM THE GSA & DEPT. OF INTERIOR THE PRO-
PERTY 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, the City Commission of the City of Miami Beach
desires to reiterate, reconfirm, re-enact and amend said
Resolution No. 78-15789, a copy of which is attached hereto
and incorporated as a part hereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that Harold T. Toal, City
Manager be and he is hereby authorized and directed to
execute any and all documents necessary to be executed by
the City in connection with the acceptance of the property
described to wit in Resolution No. 78-15789 ; and the perfor-
mance of the covenants, terms and conditions thereof;
PASSED and ADOPTED this 6th day of August , 1980 .
ti
Ma, gr '
Attest:
city lerk
FORM-APPROVED
LEG k DEPT.
,10
Date --� c (. '
(*Corrected 3/27/91)
LTA/jb
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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
f AL.oinistration, may be assigned to the Secretary cif the Interior for
disposal for public park or.recreation purposes, under the provisions -
c ' of Section 203(k)(2) of the Federal Property and Administrative Services
} A::t' of 1949 '4[63 Stat. 3R7) , as amended, and rules and regulations primul-
• gated pursuant there•t.', more particularly as described in paragraph 1,
Part "B" of this application. ,
Whereas, City of Miami Beach •, Florida •
•
«
(Legal Name of Applicant)
needs and will utilize said property in per:elOiitr for a public park or
recreation area as set forth in its application and in accordance with '
the requirements of snid Act and the rules and regulations promulgated
thereunder;
Now, Therefore, Be It Resolved, that City of Miami Beach, Florida
(Legal Name of Applicant)
shall make application to the Secretary of the Interior for and secure •
J t:►o transfer to it of the above-mentioned property for said use upon and
I1 subject to such exceptions, reservations, terve:, covenants, agreements,
1 conditions, and restrictions as the Secretary of the Interior, or his
authorized representative, may require in connection with the disposal
•t of said property under Act and the rules and regulations issued pursuant
1 thereto; and Be It Further Resolved that Ci,ty of Miami Beach. Florida,
,
(l.el.al Name of Applicant) •
has legal authority, is willing and is in a position to assume immediate
c.:,:e and maintenance of the property, and that Mr. Gavin W. O'Brien
(Name of Official(s)
` i City Manager . -
Authorized) (Title oft•Official(s)) •
•; -be and he is hereby authorized, for and on behalf of.the City of Miami
, (Legal •
Beach, Florida •
• l to do and perform any and all acts
Name of Applicant)
.and thing* which may be necessary to carry out the foregoing resolution,
including the preparing, making, and filing of plans, applications, rcporta•,
I
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
. 1aa
..
.f
f
49
fees or costs incurred in connection with the transfer of said property for survey,
title searches, recordation ofstruyents, or other costs identified with the
Federal surplus property acquisition.
PASSED and ADOPTED this 6th day of December, 1978.
+' ; •
Mayor
ATTEST:
QOM ��I CITY OF MIAMI BEACH, FLORIDA
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 I am the City Clerk of the City of Miami
Beach, Florida, and that the
thforegoing
aresolution
ofsthetmembers ofrue and rsaid coCipty Commission
y of
the resolution adopted bye
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
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/5_, o-/6,3`.
ecret eltii Wawa eedid
.. .. .
.8,16/03,
.". .
, . •
/ ):) FLORIDA 33139
'ifr
� "VACATIONLAND U. S. A. -
CITY HALL
ELAINE MATTHEWS 1700 Convention Center Drive
CITY CLERK • TELEPHONE: 673-7411
AUGUST 25, 1980 Reference D-Fla-739
Mr. W. Thomas Brown for
Mr. Robert M. Baker
Regional Director
U S Department of the Interior
75 Spring Street
Atlanta Georgia 30303
Subject: U. S. Army Corps of Engineers Miami Beach
Reservation D-FLA-739
Dear Mr. Brown:
Two copies of the corrective quitclaim deed for the above referenced
former Federal surplus real property which was conveyed to the City
of Miami Beach by Heritage Conservation and Recreation Service
Deed dated January 8, 1979, which has been recorded and the recording
information reflected thereon, are enclosed.
A copy of Resolution No. 80-16346, adopted by the City Commission of
Miami Beach on August 6, 1980, authorizing Mr. Harold T. Toal, as City
Manager to execute the corrective quitclaim deed is also attached for
your files.
Yours very truly,
Elaine Matthews
City Clerk
Distribution to City Departments, as follows:
Mr. Harold T. Toal (For the City Manager's File on this subject)
Mr. John Ritter (For the City Attorney's file on this subject)
Mr. Frank Aymonin
Mr. Ron Rumbaugh
Mr. Simon P. Mohler
Mr. Monte Lee
Mr. Don Harney (2) one for Insurance and/or Contracts Administration)
Mr. Bill MacDonald
Mr. Izzy Binstock
Mr. Fred Lorenz
Mr. Buddy Griner
Mr. Herb Kay, M. B. Redevelopment Agency
Mr. Karl Ernst, " " "
QuitClaim Deed file 38 (City Clerk)
Agreements File No. 12 (City Clerk)
10844 ,6
13jAUG 19
CORRECTIVE QUITCLAIM DEED 808216845
The UNITED STATES OF AMERICA, acting by and through the Secretary
of the Interior, acting by and through the Southeast Regional Director,
Heritage Conservation and Recreation Service, under and pursuant to the
power and authority contained in the provisions of the Federal Property
and Administrative Services Act of 1949 (63 Stat. 377) , as amended, and
particularly as amended by Public Law 485, 91st Congress, and regulations
and orders promulgated thereunder (hereinafter designated "Grantor") ,
for and in consideration of the perpetual use of the hereinafter described
premises for public park and public recreation area purposes, by the
City of Miami Beach, Florida (hereinafter designated "Grantee") , does -�
hereby release and quitclaim to Grantee, and to its successors and
assigns, subject to the reservations, exceptions, restrictions, conditions
and covenants hereinafter expressed and set forth, all Grantor's right,
title and interest in and to the following described property, consisting
of approximately 16.87 acres, located in Section 10, Township 54 South,
Range 42 East, Dade County, Florida:
PARCEL ONE
For the Point of Beginning commence at a 10" square concrete monument
located on the northerly boundary of the U. S. Corps of Engineers
Reservation, being on a bearing of South 65°13' East, and a distance of
16.62 feet from 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 monument designated "C" having coordinates of X-
784,440.39, and Y-521,912.47. Said monument also lies approximately -
South 24°27' 26" West, a distance of 592.30 feet South of, and North
65°36' 16" East, a distance of 554.97 feet west of the northeast corner
of the northwest 1/4 of Section 10, Township 54 South, Range 42 East.
From said Point of Beginning, thence run along the northerly boundary of
said land South 65°36'16" East, passing through a monument designated
"A", at a distance of 713.87' , a total distance of 1,476.52 feet, more
or less, to its intersection with the erosion control line established
for the Miami Beach renourishment project as shown on Dade County Plat
File Number 24-5342-12, Sheet 1 of 14, dated 25 July 1977; run thence
South 23°41'12" East, along said erosion control line and its extension,
a distance of 630.14 feet, more or less, to the Mean High Water line of
the northerly shoreline of the "Government Cut" for the Entrance Channel
of Miami Harbor; run thence northwesterly along said Mean High Water
line on an approximate bearing of North 65035'19" West, a distance of
1 ,945.66 feet, more or less, to a point on the Mean High Water line
which lies South 24°25'50" West, a distance of 50 feet, more or less,
from U. S. Corps of Engineers monument "Wiggins"; thence run North
24°25'50" East, a distance of 50 feet, more or less, to monument "Wiggins";
thence continue North 24°25'50" East, 370.43 feet to monument "C", and
the Point of Beginning.
The above-described tract or parcel of land contains 16.52 acres, more
or less. The bearings and distances stated herein are based on the
Mercator Grid System of the East Zone of Florida.
10844 2369
PARCEL TWO
For a Point of Reference commence at monument "C" as described in Parcel
One above, run thence along the northeasterly line of the U. S. Corps of
Engineers Reservation, North 65°35'12" West, a distance of 151.63 feet,
more or less, to a steel pin set in concrete, designated monument "G";
thence run South 87°38' 37" West a distance of 208.58 feet along the
northwesterly boundary of the U. S. Corps of Engineers Reservation to
monument "West", having coordinates of X-784,093.91 and Y-521,966.52,
said point being the Point of Beginning of the tract being described
herein.
From said Point of Beginning, run thence South 57°41 '41" West, a distance
of 226.20 feet to U. S. Corps of Engineers monument "Virgil", having
coordinates of X-783,902. 72 and Y-521,845.63; thence continue South
57°41'41" West a distance of 4.0 feet, more or less, to the face of an
existing steel bulkhead and the approximate north shore of the Entrance
Channel to Miami Harbor; thence run Northwesterly along the north shore
of Miami Harbor on an approximate bearing of North 32°05'08" West, a
distance of 132.34' more or less, to a point which lies South 87°38'37"
West, a distance of 265.09 feet from monument "West"; thence run North
87°38'37" East along the northwesterly boundary of the U. S. Corps of
Engineers Reservation passing thru a concrete monument designated "F" at
a distance of 121 feet, more or less, for a total distance of 265.09
feet to monument "West", and the Point of Beginning.
The above-described tract or parcel of land contains 0.35 acre, more or
less. The bearings and distances stated herein are based on the Mercator
Grid Systems of the East Zone of Florida.
There are excepted from this conveyance and reserved to the Grantor,
and its assigns, all oil, gas, and other minerals in, under and
upon the lands herein conveyed, together with the rights to enter
upon the land for the purpose of mining and removing the same.
This conveyance is made subject to any and all existing rights-of-
way, easements and covenants and agreements affecting the above
described premises, whether or not the same now appear of record.
To Have and to Hold the hereinbefore described property, subject to
the reservations, exceptions, restrictions, conditions and covenants
herein expressed and set forth unto the Grantee, its successors and
assigns, forever.
Pursuant to authority contained in the Federal Property and Adminis-
trative Services Act of 1949, as amended, and applicable rules, regulations
and orders promulgated thereunder, the General Services Administration
determined the property to be surplus to the needs of the United States
of America and assigned the property to the Department of the Interior
for further conveyance to the City of Miami Beach, Florida.
Lt is agreed and understood by and between the Grantor and Grantee,
and the Grantee by its acceptance of this deed, does acknowledge its
understanding of the agreement, and does covenant and agree for itself, •
and its successors and assigns, forever, as follows:
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W844 ,c?3T0
1. This property shall be used and maintained for the public
purposes for which it was conveyed in perpetuity as set forth in the
program of utilization and plan contained in the application, submitted
by the Grantee on December 6, 1978, which program and plan may be amended
from time to time at the request of either the Grantor or Grantee, with
the written concurrence of the other party, and such amendments shall be
added to and become a part of the original application.
2. There is reserved to the U. S. Army Corps of Engineers the
right of continued use and occupancy and right of removal of any or all
buildings located on the premises for one hundred eighty (180) days
following Grantee's conveyance of the property.
3. There is further reserved to the U. S. Army Corps of Engineers,
in a 50' wide strip extending from the mean high water line landward
along the North bank of the Miami Cut, a perpetual and assignable right
and easement to construct, operate and maintain channel improvement
works on, over and across the Land described, for the purposes as autho-
rized by the Act of Congress approved 13 June 1902, including the rights
to clear, cut, fell, remove and dispose of any and all timber, trees,
underbrush, buildings, improvements and/or other obstructions therefrom;
to excavate, dredge, cut away, and remove any or all of said land; and
for such other purposes as may be required in connection with said work
of improvement.
4. There is reserved to the Grantor all those contractual rights
and benefits accruing to the United States from that certain document
entitled "Contract Between the United States of America and the City of
Miami Beach for Recreational Development at the Existing North Jetty,
Miami Harbor, Florida, Project" executed on behalf of the United States
on 13 August 1976 and approved on behalf of the Secretary of the Army on
30 November 1976, as implemented by that certain lease from the Secretary
of the Army to the City of Miami Beach, FL, numbered DACW17-1-77-2,
dated 17 May 1977, for a 50-year term commencing on 1 December 1976 and
ending on 30 November 2026, covering 1.7 Acres of Government-owned fee
land and certain easement interests and improvements thereon. Such
rights and benefits include, but are not limited to, the enforcement of
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10844 (2371
all provisions of said contract relative to obligations assumed by the
City of Miami Beach for operation, maintenance and replacement of the
improvements constructed under said contract for the 50-year term of
said lease.
5. This conveyance is made subject to Lease DACW17-1-67-5 granted
to Board of Pilot Commissioners and Port Wardens for use of 0.02 acre
land together with Warehouse Building 7 and Garage Building 29 for
observation tower for term of 10 years ending 14 April 1982 for $1500
rental per annum.
6. This conveyance is made subject to Lease DACW17-1-69-3 granted
to the University of Miami for use of approximately 7,840 square feet of
land and a boat landing dock (Structure No. 30) for a term ending March 31,
1979.
7. This conveyance is made subject to continued use and occupancy
by the U. S. Coast Guard of a suitable land area and building, comparable
to that presently covered by Permit DACW17-4-68-2 (a copy of which is
attached as Exhibit A) , for so long as the Coast Guard shall need the
use and occupancy of said land area and building for its radio D.F.
calibration station.
8. The Grantee shall, within 6 months of the date of the deed of
conveyance, erect and maintain a permanent sign or marker near the point
of principal access to the conveyed area indicating that the property is
a park or recreation area and has been acquired from the Federal Government
for use by the general public.
9. The property shall not be sold, leased, assigned, or otherwise
disposed of except to another eligible governmental agency that the
Secretary of the Interior agrees in writing can assure the continued use
and maintenance of the property for public park or public recreational
purposes subject to the same terms and conditions in the original instrument
of conveyance. However, nothing in this provision shall preclude the
Grantee from providing related recreational facilities and services
compatible with the approved application, through concession agreements
-4-
10844. X2372.
entered into with third parties, provided prior concurrence to such
agreements 'is obtained in writing from the Secretary of the Interior.
10. From the date of this conveyance, the Grantee, its successors
and assigns, shall submit biennial reports to the Secretary of the
Interior, setting forth the use made of the property during the preceding
two-year period, and other pertinent data establishing its continuous
use for the purposes set forth above, for ten consecutive reports and as
further determined by the Secretary of the Interior.
11. If at any time the United States of America shall determine
that the premises herein conveyed, or any part thereof, are needed for
the national defense, all right, title and interest in and to said
premises, or part thereof determined to be necessary to such national
defense, shall revert to and become the property of the United States of
America.
12. As part of the consideration for this Deed, the Grantee covenants
and agrees for itself, its successors and assigns, that (1) the program
for or in connection with which this Deed is made will be conducted in
compliance with, and the Grantee, its successors and assigns, will
comply with all requirements imposed by or pursuant to the regulations
of the Department of the Interior in effect on the date of this Deed (43
C.F.R. Part 17) issued under the provisions of Title VI of the Civil
Rights Act of 1964; (2) this covenant shall be subject in all respects
to the provisions of said regulations; (3) the Grantee, its successors
and assigns, will promptly take and continue to take such action as may
be necessary to effectuate this covenant; (4) the United States shall
have the right to seek judicial enforcement of this convenant, and (5)
the Grantee, its successors and assigns, will (a) obtain from each other
person (any legal entity) who, through contractual or other arrangements
with the Grantee, its successors and assigns, is authorized to provide
services or benefits under said program, a written agreement pursuant to
which such other person shall, with respect to the services or benefits
which he is authorized to provide, undertake for himself the same obliga-
tions as those imposed upon the Grantee, its successors and assigns, by
this covenant, and (b) furnish a copy of such agreement to the Secretary
R 10844 Pc 2373
of the Interior, of his successor; and that this covenant shall run with
the land hereby conveyed, and shall in any event, without regard to
technical classification or designation, legal or otherwise, be binding
to the fullest extent permitted by law and equity for the benefit of,
and in favor of the Grantor and enforceable by the Grantor against the
Grantee, its successors and assigns.
13. The Grantee agrees to comply with the requirements of Public
Law 90-480 (82 Stat. 718) , the Architectural Barriers Act of 1968, as
amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that
development of facilities on conveyed surplus properties for public park
and recreation purposes are accessible to the physically handicapped;
and, further assure in accordance with Public Law 93-112, the Rehabilitation
Act of 1973 (87 Stat. 394) , that no otherwise qualified handicapped
individual shall solely by reasons of his handicap be excluded from the
participation in, be denied benefits of, or be subjected to discrimination
under any program or activity receiveing Federal financial assistance.
14. Grantee shall be on the lookout for archaeological artifacts
during its construction activities and shall take appropriate action
should any artifacts be discovered.
15. In the event there is a breach of any of the conditions and
covenants herein contained by the Grantee, its successors and assigns,
whether caused by the legal or other inablitiy of the Grantee, its
successors and assigns, to perform said conditions and covenants, or
otherwise, all right, title and interest in and to the said premises
shall revert to and become the property of the Grantor at its option,
which in addition to all other remedies for such breach shall have the
right of entry upon said premises, and the Grantee, its successors and
assigns, shall forfeit all right, title and interest in said premises
and in any and all of the tenements, hereditaments and appurtenances
thereunto belonging; provided, however, that the failure of the Secretary
of the Department of the Interior to require in any one or more instances
complete performance of any of the conditions or covenants shall not be
-6-
.
. Ri"' 10844 pc 2374 .
construed as a waiver or relinquishment of such future performance, but
the obligation of the Grantee, its successors and assigns, with respect
to such future performance shall continue in full force and effect.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed in its name and on its behalf this the �V day of Ji../ LI" ,
19Or
V .
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Through:
Robert M. Baker
Southeast Regional Director
Heritag Consery ion and Recrea on Service
- 1
By • kJ
WITNESSES:
Yla-L. LAI t (Pet4^-64
STATE OF � ��E'Eiy )
ss
COUNTY OF / •'L.T1/17 )
On this Pi day of UL 19 before me, the
subscriber, personally appeared 0 /4S ;c tttj}i ,
Heritage Conservation and Recreation Service, of the United States
Department of the Interior, a governmental agency of the United States
of America, and known to me to be the same person described in and who
executed the foregoing instrument aforesaid, as the act and deed of the
United States of America, for and on behalf of the Secretary of the
Interior, duly designated, empowered and authorized so to do by said
Secretary and he acknowledged that he executed the foregoing instrument
for and on behalf of the United States of America, for the purposes and
uses therein described.
C �t 1 402 r., N 0 T,1 s
NOTARY IC .+ G '0.4:m
My commission expires: '^I.``�� y,.�,
-7-
•
nr` .10344 :2375 .
• The foregoing conveyance is hereby accepted and the undersigned
agrees, by this acceptance, to assume and be bound by all the obligations,
conditions, covenants and agreements therein contained.
Dated August 6, 1980.
• Attest:
� By IYZPitt--e-A.„. N a-6L.Q.
' "
� L - Harold T. Toal, City Manager
L Elaine jatt1 ews, City Clerk
;;, .MATE 0Fp:;F jORIDA )
• )
ss
COUNTY OFDADE•
)
••
•
Qit this 6th day of August , 19 80, before me, the
unddr
• signed Officer, personally appeared Harold T. Toal, to me known
and known to me to be the same person whose name is subscribed to the
foregoing acceptance, who being by me duly sworn, did depose and say
that he is the City Manager of the City of Miami Beach, Florida, that he
is duly designated, empowered and authorized by Resolution No. 80-16346
of the City Commission of the City of Miami Beach, Florida dated August 6,
1980 to execute the foregoing acceptance and sign his name thereto; and
that he signed his name thereto and acknowledges that he executed the
foregoing instrument for and on behalf of the City of Miami Beach,
Florida for the purposes and uses therein described.
NOTARY4UBLIC
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARff
MY COMMISSION EXYIkLS SLPT 1 1Yd3
BoNui-t) 1HKU C,Lr+LKAL INS, UNULKor<I ItRS
..tHN�U+i ••,, ■IrMDED IR OfVIC1AL RIDMW am,.*••j c COADE COUNTY. fLOI110A.
nom VERIFIED
�,
%.
RICHARD P.BRINKER.
•
Gum! MAI
` t,
0 o' k' .
7 ^.rc ;.
-8-
ORIGINAL Pr
RESOLUTION NO. 80-16346
(Readopting, reconfirming, re-endorsing and
amending Res.#78-15789, directing City Mgr.
to apply for/accept from GSA & Dept. of
Interior, the property known as '
U.S. Army Corps of Engineers, Miami Beach
Reservation, Dade County, Miami Beach, Fl. ,
GSA Control #D-Fla-739, 15.5 acres,
adjacent to Government Cut)
4