85-18082 Reso
1985 HAY L, f'If 4: 24
RESOLU'rION NO.
85R15o!68
85-18082 ~f~ 1 2520 PG 4 6 7
A RES'oLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER OF THE CITY OF MIAMI BEACH,
FLORIDA TO EXECUTE THE ACKNOWLEDGMENT ON A
CERTAIN CORRECTIVE QUITCLAIM DEED IN WHICH THE
UNITED STATES OF AMERICA, DEPARTMENT OF THE
INTERIOR IS GRANTING 16.87 ACRES OF SURPLUS
GOVERNMENT PROPERTY TO THE CITY OF MIAMI
BEACH.
-r)L~
l~
BE IT ORDAINED BY THE CITY COMMISSION OF MIAMI BEACH,
FLORIDA:
WHEREAS, the City of Miami Beach wishes to develop a certain
parcel of land at the Southern end of Miami Beach, hereinafter
referred to as .South pointe Park; and
WHEREAS, the United States of America Department of Interior
wishes to deed that same parcel of land to the City of Miami
Beach; and
WHEREAS, as part of the schematic plan for park development
a restaurant will be placed at South pointe Park for use by park
patrons; and
WHEREAS, the Ci ty of Miami Beach has the approval of the
Department of the Interior to place same in the South pointe Park
and the Department of the Interior has prepared an Amended
Quitclaim Deed allowing same;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA that the Amended Quitclaim Deed is
hereby accepted and that the City Manager is expressly authorized
to acknowledge same and accept on the City's behalf.
PASSED AND ADOPTED this 15th
day of May, 1985.
ATTEST:
4d~~ ~ &
CITY CLERK
LDH/dme
fORM APPROVED
LEGAL DEPliJ
By2lj, ~ Orw-ill
1985 KAT 24 fIC 4: 24
~~~ 1 2 5 2 0 PG
eSRI56769
469
CORRECTIVE OUITCLAIM DEED
The UNITED STATES OF AMERICA, acting by and through the
Secretary of the Interior, acting by and through the Southeast
Regional Director, National Park 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 (here-
inafter 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:
This deed was prepared in the Office of the Regional SOlicitor,
U.S. Department of the Interior, 75 Spring Street, S.W., Atlanta,
Georgia 30303.
9~\
2f~ 1 2520 PG 4 70
- 2 -
PARCEL ONE
For the Point of Beginning commence at a 10" square concrete
monument located on the northerly boundary of the U. ~. 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-a2l,9l2.47. Said monument also lies approximately South
24 27'26" West, a distance of 592.30 feet South of, and North
65036'16" 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 Beginging, 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
23041'12" 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
sabd Mean High Water line on an approximate bearing of North
65 35'19" West, a distance of 1,945.66 feet, more or Aess, to a
point on the Mean High Water line which lies South 24 25'50" West,
a distance of 50 feet, more or less, fr~ 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 24025'50" East, 370.43 feet to monument "CO, 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.
PARCEL TWO
For a Point of Reference commence at monument "C" as described in
Parcel One above, run thence along the northeagterly 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-784,093.9l and Y-521,966.52, said point being the
Point of Beginning of the tract being described herein.
~~~ 1 2520 PG 47 1
- 3 -
Fr-om said Point of Beginning, run thence South 57041'41" West, a
distance of 226.20 feet to U. S. Corps of Engineers monument
"Vir-gil", having coor-dingtes 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 approx-
imate north shor-e of the Entr-ance Channel to Miami Harbor, thence
run Northwesterly along the norSh shor-e 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 87038'37" 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. Cor-ps
of Engineer-s Reservation passing thru a concrete monument desig-
nated "F" at a distance of 121 feet, mor-e or less, for a total
distance of 265.09 feet to monument "West", and the Point of
Beginning.
The above-descr-ibed tract or par-cel of land contains 0.35 acre,
mor-e or- less. The bear-ings and distances stated her-ein are based
on the Mercator- Grid Systems of the East Zone of Florida.
There ar-e excepted from this conveyance and reserved to the
Grantor, and its assigns, all oil, gas, and other minerals in,
under- and upon the lands her-ein conveyed, together- with the rights
to enter upon the land for the pur-pose 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 pr-emises, whether or not the same now appear-
of record.
To Have and to Hold the her-einbefore described property,
subject to the reservations, exceptions, restr-ictions, conditions
and covenants herein expressed and set forth unto the Grantee, its
successors and assigns, forever.
~EC 1 2520 PG 4 72
- 4 -
This is a corrective quitclaim deea for the purpose of amend-
ing Paragraph 9 of the Corrective Quitclaim Deed from Grantor to
Grantee dated July 18, 1980, and of deleting Paragraphs 2, 5, and
6 of said deed, which are n0 longer applicable.
Pursuant to authority contained in the Federal Property and
Administrative 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.
It 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:
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
~~~ 1 2520 PG 473
- 5 -
the other party, and such amendments shall be added to and become
a part of the original application.
2. There is further reservea 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, with access
thereto, 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 authorized 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.
3. 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,
~t~ 1 2 5 2 0 PG 4 7 4
- 6 -
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 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.
4. 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.
5. 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
publi c.
2~t; 12520 fG 475
- 7 -
6. 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;
provided, however, that a portion of the premises may be leased by
Grantee to Specialty Restaurants Corporation for the development,
construction, and operation of a restaurant. However, nothing in
this provision shall preclude the Grantee from providing related
recreational facilities and services compatible with the approved
application, through concession agreements entered into with third
parties, provided prior concurrence to such agreements is obtained
in writing from the Secretary of the Interior.
7. 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.
8. If at any time the United States of America shall deter-
mine that the premises herein conveyed, or any part thereof, are
~~t 1 2 5 2 0 PG 4 7 6
- 8 -
'.
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 AJn"rica.
9. As part of the ~)nsideration for the Deed, the Grantee
covenants and agrees for icself, 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 suc-
cessors 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 covenant, 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 obligations as those
~~~ 1 2 5 2 0 PG 4 7 7
- 9 -
imposed upon the Grantee, its successors and assigns, by this
covenant, and (b) furnish a copy of such agreement to the
secretary 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.
10. 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 prop-
erties 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 receiving Federal financial assistance.
11. Grantee shall be on the lookout for archeological arti-
facts during its construction activities and shall take appro-
priate action should any artifacts be discovered.
~~~ 1 2520 PG 4 78
- 10 -
12. 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 inability of the
Grantee, its successors and assigns, to perform said conditions
and covenants, or otherwise, all right, title and interest in and
to 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 anyone or more instances
complete performance of any of the conditions or covenants shall
not be 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.
2~~ 1 25 2 0 PG 4 7 9
- 11 -
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed in its~me and on its behalf this the IS72'day of
rJ ,l9n.
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Through:
Robert M. Baker
Southeast Regional Director
National Park Service
By:tJ.~&~
Jk~u~
COUNTY OFt- J~,-
DO "" [; -tl.-d., of :-:!~. . ,.;IJ . befor. ~. ".
subscriber, personally appeare It/. ~~ /51-2'?tA...., '----;'"
STATE OF
ss
National Park 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 anF deed
~~~ 12520PG 480
- 12 -
of the United States of America, for and on behalf of the
Secretary of the Interior, duly designated, empowered and author-
ized 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.
~<~~/
NO ARY PU LIC
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My commission expires:
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No~a'", Publit, G~ rn.. alur:
"'r t:ommiuion E.. Oct. 10, 19
The foregoing conveyance is hereby accepted and the under-
signed agrees, by this acceptance, to assume and be bound by all
the obligations, conditions, covenants and agreements therein
contained.
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COUNTY OF DADE
On this 6ib1-A day of mm ' 19l'5, before me, the
undersigned Officer, personally a pea red Rob W. Parkins, to me
known and known to me to be the same person ~'hose name is sub-
scribed to the foregoing acceptance, who being by me duly sworn,
did depose and say that he is the City Manager of the City of
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2: ~ 1 2 5 2 0 PG 4 8 1
- 13 -
Miami Beach, Florida, that he is duly designated, empowered and
authorized by a resolution of the City Conunission of the City of
Miami Beach, Florida, to dxecute the foregoing acceptance and sign
his name thereto; and that he signed his name thereto and acknow-
ledges that he executed tile foregoing instrument for and on behalf
of the City of Miami Beach, Florida for the purposes and uses
therein described.
~~~
NOTAR! PUBLIC
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My
Conunission Expires:
10110Y PUBLIC smr or rlbnlO!
MY COfl;MISSION liP, f[(l. 1l"Da8
DUMU'-" HUH! Ij(M[.n"' UIC IIIHI
STAlE OF FLORIDA
COUNTY OF DADE:
I. ELAIN~ J,1, BAKER. City Clerk of the
. . ,Cityof ~~ Beach, Florida. do hereby certify
.... th,~ t~~~d foregoing is a true and cor-
'.... ~.; ~ 96".p.Y o~ '1riginal thereof on file in this
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\ '.YWI~.1J.YB' and t. he seal 0/ seid City
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. .' ....... INE M. BAKER
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