Resolution 12361 RESOLUTION NO. 12361
OF THE CITY OF MIAMI BEACH
WHEREAS , the CITY OF MIAMI BEACH, hereinafter
referred to as the "CITY" and the DADE COUNTY BOARD OF
PUBLIC INSTRUCTION, hereinafter referred to as the "BOARD" ,
have each determined that it is to the best interest of the
residents of the City and of Dade County, Florida, that an
educational complex be constructed on that certain piece
of property in the City of Miami Beach, Florida, commonly
known as the City of Miami Beach "Par 3 Golf Course, " and
that said educational complex be constructed at the ear-
liest possible date;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the City
is prepared and is willing to enter into a formal agreement
with the BOARD in contemplation of the construction of such
an educational complex with combined facilities for Senior
High School and Middle and Primary Grades. Said agreement
shall provide substantially as follows :
1. That the BOARD shall expend a minimum of
$6, 700, 000 in the construction of new facilities and pos-
sible alterations and enlargements to the existing Senior
High School. It is contemplated that the said $6,700, 000
shall be derived generally as follows :
It shall be the obligation of the BOARD to make
available for such construction appropriate funds in the
sum of $2, 020, 000. The balance of the said $6, 700, 000 will
be derived from the proceeds of the sale by the BOARD to
the CITY of presently existing school facilities at a valu-
ation presently appraised at $4, 680, 000, heretofore sub-
mitted to the CITY by a Board of three appraisers, to wits
S. Z. BENNETT,M.A.I.4WM. BATES COLE, M.A.I . , and LEONARD A.
BISZ,M:A.I. The agreement shall provide that the sale of
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said presently existing school facilities to the City at the
appraised values herein set forth is one of the material con-
siderations for said agreement.
The BOARD will convey fee simple title to the CITY
when the following school sites are no longer needed by the
BOARD and are phased out. The balance of approximately
$4, 680, 000 is to be paid by the CITY to the BOARD within 5
years after commencement of construction, with construction
to commence within three (3) years from date hereof.
Said existing school facilities and
their present appraised value are as
follows :
Site No. School Property Valuation
A-2000 South Beach Elementary $ 237, 500.00
A-1009 Feinberg Elementary 660, 000.00
(Central Beach)
A-1111 Ida M. Fisher Jr. High 1, 308, 000.00
A-1005 Nautilus Junior High 950,000.00
A-1006 North Beach Elementary 858,500.00
A-1006 Teacherage 16, 000.00
Biscayne 650, 000.00
TOTAL $4, 680, 000.00
2. The CITY will convey in fee simple to the BOARD
the following described property:
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 circu-
lar curve of Twenty-Eight and Three Hundredths (28.03)
Feet radius forming the Northeasterly property corner of
Dade Boulevard and Prairie Avenue, as the said Northwest-
erly line of Dade Boulevard (a Seventy (70) Foot Street)
and the said Northeasterly 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 Hundred Sixty-Four (164) of the
Public Records of Dade County, Florida, and as said Prai-
rie Avenue is shown on Plat of Mid-Golf Subdivision re-
corded 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 Hun-
dredths (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;
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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 (900-00 ' -00") run easterly along a straight line a
distance of Five Hundred and Twenty-One Hundredths (500. 21)
Feet to a point;
Thence deflecting to the right Sixty-Six Degrees Twenty-Nine
Minutes Forty-Eight and Fifteen Hundredths Seconds (66°-29 '-
48. 15") run Southeasterly along a straight line One Hundred
Twenty-Four and Seventy-Eight Hundredths (124.78) Feet to a
point;
Thence deflecting to the right Forty-Nine Degrees T.';o Minutes
Fifty-Six and Eighty-Five Hundredths Seconds (49°-02 ' -56.85")
run Southwesterly along a straight line Four Hundred Thirty-
Seven and Twenty-Four Hundredths (437. 24) 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 One Hundred Eighty-One and Thirty Hundredths
(181. 30) Feet to a point;
Thence deflecting to the left Thirty-Three Degrees Three
Minutes Forty-Five Seconds (330 -03 '-45") run easterly along
a straight line Two Hundred Eighty-Seven and Ten Hundredths
(287. 10) Feet to a point;
Thence deflecting to the right Forty-Nine Degrees Fifty-Three
Minutes Fifty-three and One Tenth Second (49°-53 '-53. 1") run
Southeasterly along a straight line a distance of two Hundred
Two and Seventy-Six Hundredths (202.76) Feet to a point;
Thence deflecting to the right Eighty Degrees No Minutes
Thirty-Six and Nine Tenths Seconds (80°-001-36. 9") run
Southwesterly along the aforesaid line parallel to and Fifty
and No Hundredths (50.00) Feet Northwesterly of the North-
westerly line of Dade Boulevard Fourteen Hundred Forty-Four
and Sixteen Hundredths (1444. 16) Feet to the Point of Begin-
ning, said tract containing Twenty (20) acres, LESS that
certain 5-acre tract and portion of the above described land
which has hereinbefore been conveyed to the Board of Public
Instruction of Dade County, Florida; and
Commencing 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 and Prai-
rie Avenue, as the said Northwesterly line of Dade Boulevard
(a Seventy (70) Foot Street) and the said Northeasterly pro-
perty corner are created in Deed from the Miami Beach Im-
provement Company to the City of Miami Beach recorded in
Deed Book Thirteen Hundred Twelve (1312) at Page One 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
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the Easterly line of Prairie Avenue;
THENCE run Northerly along the Easterly line of Prairie Ave-
nue (a Seventy (70) Foot Street, ) 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 Seventy (70) Foot Street) , a dis-
tance of Eight Hundred Three and Eighty-Seven Hundredths
(803.87) Feet to a point, said point being the Point of
Beginning of the Parcel of land herein described.
THENCE deflecting to the right Ninety Degrees, No Minutes,
No Seconds (90°-00 ' -00" ) run easterly along a straight line
a distance of Five Hundred and Twenty-One Hundredths (500. 21)
Feet to a point;
THENCE deflecting to the right Sixty-Six Degrees, Twenty-
Nine Minutes, Forty-Eight and Fifteen Hundredths Seconds
(66°-29 ' -48. 15") run Southeasterly along a straight line
One Hundred Twenty-Four and Seventy-Eight Hundredths (124.78)
Feet to a point;
THENCE deflecting to the left Sixty-Five Degrees, Fifty-Five
Minutes, Fifty-ThreeP Fifteen Hundredths Seconds (65°-55 ' -
53. 15") run easterly One Hundred Fifty-One and Ninety-Six
Hundredths (151.96) Feet to a point;
THENCE deflecting to the right Sixty-Eight Degrees, Fifty-
Four Minutes, Ten Seconds (680-54-10" ) run Southeasterly a
distance of Sixty-Four and Seventy-Eight Hundredths (64.78)
Feet to a point;
THENCE deflecting to the left Sixty-Seven Degrees, Sixteen
Minutes, Five Seconds (67°-16' -05" ) run easterly along a
straight line Four Hundred Twenty-Eight and Twenty-Five
Hundredths (428. 25) Feet/ (said line being parallel to and
Twenty-Four and No Hundredths (24.00) feet distant northerly
from the north line of the Hebrew Academy Property) to a
point on the westerly right of way line of Pine Tree Drive
(a 100.00 Foot Street) according to a plat entitled FLAMINGO
TERRACE ADDITION recorded in Plat Book Thirty-Four (34) ,
Page Sixty-Eight (68) , of the Public Records of Dade County,
Florida;
THENCE deflecting Ninety Degrees, No Minutes, No Seconds
(900-00 ' -00" ) to the left run northerly along the westerly
line of Pine Tree Drive (a 100.00 Foot Street) according to
Plats entitled "FLAMINGO TERRACE ADDITION" and "FLAMINGO
TERRACE EXTENSION", according to Plat Book Thirty-Four (34) ,
Page Sixty-Eight (68) , and Plat Book Thirty-Eight (38) ,
Page Sixty-One (61) , respectively, Public Records of Dade
County, Florida, a distance of Eleven Hundred Seventy-Eight
and Forty-Two Hundredths (1178.42) Feet to a point of cur-
vature (PC) of a circular curve;
THENCE run northwesterly along the arc of a circular curve
deflecting to the left, having for its elements a central
angle of One Hundred Fourteen Degrees, Twelve Minutes,
Forty-Five Seconds ( 114°-12 ' -45") , a radius of Forty-Eight
and Five Tenths (48. 5) Feet, a distance of Ninety-Six and
Sixty-Eight Hundredths (96. 68) Feet to the point of tangency
(PT) of said circular curve;
THENCE tun tangent to the last mentioned curve along the
southerly line of West 28th. Street, said southerly line
of West 28th Street being Sixty (60) Feet distant Southerly
from the Northerly line of West 28th. Street as shown on
plats entitled "RESUBDIVISION OF BLOCKS C-D-&E OF FAIRGREEN",
and "BLOCKS A AND B, SECOND AMENDED PLAT-FAIRGREEN SUB-
DIVISION" , recorded in Plat Book Four (4) , Page One Hundred
Fifty-Four ( 154) , and Plat Book Thirty-One (31) , Page
Eighty Two (82) , respectively, Public Records of Dade
County, Florida, a distance of Nine Hundred Eighty-Two and
Forty-Three Hundredths (982.43) Feet to a point of curva-
ture (PC) of a circular curve;
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THENCE run along the arc of a circular curve deflecting to the
left, having for its elememts a central angle of Thirty-Five
Degrees, Thirty-Nine Minutes, No Seconds (350-39 ' -00") , a radius
of Two Hundred and No Hundredths (200.00) Feet, a distance of One
Hundred Twenty-Four and Forty-Four Hundredths (124.44) Feet to the
point of tangency (PT) of the last mentioned curve;
THENCE run tangent to the last mentioned curve, a distance of One
Hundred. Forty-Nine and Fifteen Hundredths (149. 15) Feet to the
point of curvature (PC) of a circular curve;
THENCE run alone; the arc of a circular curve deflecting to the
left, having for its elements a central angle of Thirty-Two
Degrees, Twenty Minutes, Fifteen Seconds (320-20 ' --15") , a radius
of Three Hundred and No Hundredths (300.00) Feet, a -distance of
One Hundred Sixty-Nine and Thirty-Two Hundredths (169. 32) Feet to
the point of tangency (PT) of said circular curve; the distance
along the last two circular curves and the tangent between same,
along Prairie Avenue, are field measurements, corresponding to
measurements shown on plat entitled "DEDICATION OF PORTION OF WEST
26th STREET AND PRAIRIE AVENUE" , according to the plat thereof
recorded in Plat Book Thirty (30) , Page Forty-Seven (47) of the
Public Records of Dade County, Florida;
THENCE run tangent to the last mentioned circular curve, along the
easterly line of Prairie Avenue (a 70 Foot Street) , a distance of
Two Hundred Ninety-Eight and Twenty-One Hundredths (290.21) Feet
to the Point of Beginning of the parcel of land herein described,
containing Twenty-Three and Ninety-Seven Hundredths (23. 97) Acres,
more or less. All of the above described property lying and being
in the City of Miami Beach, Dade County, Florida.
Less easements for existing various underground utilities as
shown in sketch of survey prepared Janury 9, 1957, by J. B. Ford
Company, Order No. 16841, as amended by relocation subsequent to
that date.
3. The BOARD shall construct said educational complex with a
capacity of not less thai 6, 716 students, provided that when enroll-
ment reaches 7, 500 students, the BOARD will in its next Budget provide
for construction of facilities in said complex for rJ, 700 students.
4. The architectural services for the educational complex
shall be the subject matter of a national competition, the objective
being that the said complex will be the latest and most modern
expression of educational utility and aesthetics.
5. It is conceivable that the CITY' S plans for a Civic and
Cultural Complex in the vicinity of the proposed educational complex
will require the grant by the BOARD to the CITY of various rights of
way and other interests in land on the property presently owned or
being used by the BOARD for the Miami Beach Senior High School and
in land contemplated to be conveyed hereby, and the BOARD agrees to
grant such rights of way and other interests in land to the CITY, as
the same may be required in land now owned or used by the BOARD, or
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hereby agreed to be conveyed, but without material detriment
or deprivation of the rights of the BOARD to continue the use
of the existing Miami Beach Senior High School property and
land contemplated to be conveyed hereby.
6. It is understood and agreed that children of
residents of the City of Miami Beach will be given priority
in enrollment at said Educational Complex.
7 . Any necessary relocation of water mains and
sanitary sewer force mains to be at the cost and expense of
the School Board.
8. This resolution shall be effective only upon
the condition that it be held, found and determined in an
appropriate suit for Declaratory Decree that:
(a) The City Council is empowered to enter
into the agreement contemplated hereby
and that the same would not be ultra
vires
(b) That if the City Council be empowered
to enter said agreement, that the same
is supported by adequate consideration
(c) That the School Board is authorized to
convey the surplus school properties
described herein, notwithstanding the
provisions of Section 235.04 Fla.
Statutes
(d) That an election by the Electorate of
the City of Miami Beach held in accor-
dance with the provisions of the Dade
County Home Rule Charter approving the
agreement contemplated hereby will
authorize and fully perfect and vali-
date the same in all respects .
PASSED and ADOPTED this 6th day of March , 1968.
(Signed) Jay termer
Mayor
ATTEST:
(Signed) Ruth 3. Rouleau
City Clerk and Finance Director
(SERL)
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