13755 . .. .
RESOLUTION NO. 13755
WHEREAS, City of Miami Beach, Florida, and the School
Board of Dade County, Florida, heretofore entered into an agree-
ment whereby the City and the School Board would jointly acquire
those certain parcels of land situate in the City of Miami Beach,
Florida, to wit:
Lots 1 through 7, inclusive, less the Easterly
50 ' of Lot 7, Block 2, TATUM WATERWAY SUBDIVISION,
according to the Plat thereof recorded in Plat
Book 46 at Page 2 of the Public Records of Dade
County, Florida,
and
WHEREAS, pursuant to said agreement City of Miami Beach
duly instituted eminent domain proceedings in the Circuit Court
of Dade County, Florida, for the acquisition of said parcels of
land; and
WHEREAS, said eminent domain proceeding was settled
and compromised on the basis of the payment of a total considera-
tion of $675, 000 to the owner of said real estate; namely,
Arizona Leasing Corporation, a New York corporation, of which
the Dade County School Board is to pay one-half of the said
agreed compensation to be paid to the said owner ; and
WHEREAS , it was further agreed by the City and the
Dade County School Board that the City would convey by warranty
deed an undivided one-half interest in and to the said property
to the Dade County School Board with the covenant expressed
therein as follows :
The parties hereby agree and covenant with each
other, for themselves, their successors and assigns,
that the above-described lands shall hereafter be
used jointly for park and playground recreational
purposes only, provided that the party of the
second part, the School Board of Dade County,
Florida, shall have prior and paramount right
to the use of the lands for playground purposes
during regular school hours . The parties further
agree jointly to use their best efforts to close
and vacate that portion of the dedicated street
known as Tatum Waterway Drive which adjoins and
lies between the above-described lands and the
adjacent school site owned by the party of the
second part, to the end that the fee simple
title to the land now lying within the boundaries
of said dedicated street will revert to the
parties hereto in accordance with law.
The parties hereto jointly agree to locate a suitable
and appropriate pedestrian right-of-way providing
access from the footbridge located at the southern
extremity of said property and extending over a
suitable portion of the said parcels of land hereby
conveyed up to 77th Street; the location, type, and
mode of construction to be mutually agreed upon
betweenthe parties ;
and
WHEREAS, an appropriate form of Warranty Deed conveying
an undivided one-half interest in and to the said lands to the
Dade County School Board has been prepared embodying and setting
forth therein the covenants hereinbefore expressed, the City
Council being familiar with the terms and provisions of said
-1-
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
Warranty Deed and the terms and provisions thereof having been
approved by the City Attorney;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk be and the same are hereby authorized, directed, and
empowered to execute and deliver said Warranty Deed to the Dade
County Board of Public Instruction upon the payment to the City
of one-half of the purchase price and agreed upon consideration
for the said land.
PASSED and ADOPTED this 25th day of September , 1972 .
CUL L)f
1111 0
Mayor
Attest:
Zdj- -
City Clerk - Finance Director
-2-
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139