Resolution 78-15789 •
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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
Administration, may be assigned to the Secretary of the Interior for
disposal for public park or recreation purposes, under the provisions •
• or,' Section 203(k)(2) of the Federal Property and Administrative Services
Act' of 1949 '(63 Stat. 387) , as amended, and rules and regulations promul-
• gated pursuant there•tJ, more particularly as described• in paragraph 1,
Part "B" of this application.
•
Whereas, City of Miami Beach, Florida • _
(Legal Name of Applicant) • T •:.,s
needs and will utilize said property in perpetuity for a public park or.
recreation area as set forth in its application anti in accordance with • •
the requirements of said Act and the rules and regulations promulgated •
thereunder;
Now, Therefore, Be It Resolved, that Citi of Miami Beach, Florida
• . (Legal Name of Applicant)
shall make application to the Secretary of the Interior for and secure •
tea transfer to it of the above-mentioned property for said use upon and
subject to such exceptions, reservations, ter'. :, covenants, agreements, •
conditions, and restrictions as the Secretary of the Interior, or his
authorized representative, may require in connection with the disposal
of said property under Act and the rules and regulations issued pursuant
t€hereto; and Be It Further Resolved that City of Miami _Beach.' F3,orj.d3, : i
(Legal Name of Applicant) •
has legal authority, is willing and is in a position to assume immediate
ca.:e and maintenance of the property, and that Mr. Gavin W. O'Brien
(Name of Official(s)
City Manager •
Authorized) (Title of? Official(s)) •
•be and he is hereby authorized, for and on behalf of•the City of Miami
• (Legal •
Beach, Florida • •
1 to do and perform any and all acts
Name of Applicant) •
.and things which may be necessary to carry out the foregoing resolution, ,
including the preparing, making, and filing of 'plans, applications, reports',
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
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fees or costs incurred in connection with the transfer of said property for survey,
title searches, recordation of instruments, or other costs identified with the
Federal surplus property acquisition.
PASSED and ADOPTED this 6th day of December, 1978.
/ r
//ef
mayor
ATTEST:
G
CITY OF MIAMI BEACH., FLOF,IDA
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 T am. the City Clerk of the. City of Miami
Beach, Florida, and that the foregoing resolution is a true and correct copy of
the resolution adopted by the vote of a majority of the member's of said City Commission
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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fees or costs incurred in connection with the transfer of said property •
for survey, title searches, recordation of instruments, or other costs
identified with the Federal surplus property acquisition.
City of Miami Beach, Florida •
• (Legal Title of Governing Body of Applicant)
•
• City Manager's Office
City Hall
1700 Convention Center Drive •
Miami Beach, Florida 33139
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(Address) •
•• .
Ia Elaine Matthews , hereby certify that I am the
•
(Name of Certifying Officer)
City Clerk , of the
(Title of Certifying Officer) (Title of
_ City of Miami Beach, Florida ; and that the foregoing, '
Governing Body of Applicant)
resolution is a true and correct copy of the resolution adopted by the
vote of a majority of the members of said City Commission of the
(Title.of '
•City of Miami Beach, Florida_- , present at a meeting of said body on .
Governing Body of Applicant)
the 6th day of December , 1978 , at which a quorum was S
present. •
( EA t) 1.
ignature of Certifying Officer)
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Assurance of Compliance with Department .of the Interior Regulations
under Title VI of the Civil Rights Act of 1964
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The following agreement is made by the applicant in consideration of and .
for the purpose of obtaining the transfer of any or all property covered. '
by this application and the applicant recognizes and agrees that any such
transfer will be made by the United States in reliance on said agreement. .
. The applicant agrees that (1) the program for or in connection with which •
any property covered by this application is transferred to the applicant
will be conducted in compliance with, and the applicant will comply with .
. and require any other person .(any legal entity) who through contractual
or other arrangements with the applicant is authorized to provide services • •
or benefits under said program to comply with, all requirements imposed by
• or pursuant to the regulations of the Department of the Interior (43 CFR
Part 17) issued under the provisions of Title VI of the Civil Rights Act
• of 1964; (2) this agreement shall be subjdct in all respects to the pro-
visions of said regulations; (3) the applicant will promptly take and '
continue to take such action as may be necessary to. effectuate this agree-
ment; (4). the United States shall have the right to seek judicial enforce-
ment of this agreement; and (5) this. agreement shall be binding upon the '
'successors and assigns of the applicant. • •
It is agreed that the instrument effecting the transfer to the applicant'
of any property covered by this application will contain provisions
satisfactory to the United States incorporating the substance of the .
foregoing agreement, such provisions to consist of' (a) a condition, r
coupled with a right reserved to the United States to cause the propert; •
. to revert to the United States in the event of any. breach of such condi-
tion, and (b) a covenant running with the land.
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• • • APPLICATION FOR FEDERAL SURPLUS PROPERTY
FOR PUBLIC PARK OR RECREATIONAL PURPOSES •
• Part "A"
•
To: Department of the Interior
Heritage Conservation and Recreation Service
Southeast Region
148 'International Blvd. •
Atlanta, Georgia 30303 •
The undersigned City of Miami Beach, Florida •
• (State or local government or instrumentality thereof)
hereinafter referred to as the Applicant or Grantee, acting by and through •
Mr. Gavin W. O'Brien, City Manager
(Name and Title) City Manager's Office
1.700 Convention Center Drive
• • ' (Street Address)
of The City of Miami Beach, Florida 33139
hereby makes application to the United States pursuant to Section 203(k)(2)
of the Federal Property and Administrative Services Act of 1949 (63 Stat. 387) .
as amended, and in accordance with the rules and regulations of the Department
of the Interior, for the transfer of the following property which has been
' declared surplus by the General Services Administration and is subject to
assignment to the Secretary of the• Interior for disposal for public park or
recreation purposes: U.S. Army Corps of Engineers
Miami Beach Reservation
11 • Dade County, Miami Beach, Florida
GSA Control Number D-FLA-739 •
15. 5 Acres
This property is more fully described in Part "B" of this application.
attached hereto and made a art thereof. -
Enclosed herewith is a resolution or certified statement. showing the ' •
authority of the undersigned to execute this application and to do all
other acts necessary to consummate the transaction.
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The undersigned agrees that this application is made subject to the
• following terms and conditions: •
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1. This application and its acceptance by the Department of the Interior
shall constitute the entire agreement between the Applicant and the
Department of the Interior, unless modified in writing signed by both
parties.
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2. The descriptions of the property set forth above are believed to be
correct, but any error or omission shall not constitute ground or
reason for nonperformance of the agreement resulting from the accept-
ance of this application. •
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3. It is understood that the property is to be conveyed "As Is" and
"Where Is" without representation, warranty, or guaranty as to
quantity, quality, character, condition, size, or kind, or that
the same is in condition or fit to be used for the purpose intended,
and no claim for any adjustments upon such grounds will be considered
after this application has been accepted.
4. The Applicant agrees to assume possession of the property within
15 days of any written request given by the Department of the
Interior after the property has been assigned to the Department
of the Interior by the General Services Administration. Should
the Applicant fail to take actual possession within such period,
it shall nonetheless be charged with constructive possession
commencing at. 12:01 a.m. , local time, of the 16th day after such
request by the Department of the Interior. The word "possession"
shall mean either actual physical possession or constructive
possession.
5. As of the date of assumption of possession of the property, or the
date of conveyance, whichever occurs first, the Applicant shall
assume responsibility for any general and special real and personal
property taxes which may have been or may be assessed on the
property, and to prorate sums paid, or due to be paid, by the ,
Federal Government in lieu of taxes.
6. As of the date of assumption of possession of the property,' or the
date of conveyance, whichever occurs first, the Applicant shall
assume responsibility for care and handling and all risks of loss
or damage to the property, and have all obligations and liabilities
of ownership.
7. The Applicant shall on a mutually agreeable date not later than 30
days after the property has been assigned to the Department of the
Interior, or such longer period .as may be agreed upon in writing,
tender to the Department of the Interior, the purchase price.
8. Conveyance of the property shallbe accomplished by an instrument,
or instruments, in form satisfactory to the Department of the
Interior without warranty, express or implied, and shall contain
reservations, restrictions,'and conditions substantially as follows: . . •
A. That the Grantee shall forever use the property in accordance
with its application, and the approved program of utilization
included in the application.
B. That the Grantee shall, within 6 months of the date of the
deed of conveyance, erect and maintain a sign or marker near
the point of principal access to the conveyed area indicating
that the property is a :park or recreation area and is or will
be made available for dee by the general public.
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11. The Applicant shall pay all taxes imposed on this transaction and
shall obtain at its own expense and affix to all instruments of
conveyance and 'security documents suchrevenue and .documentary
stamps as may be required by Federal and local law. All instru—• ' •
rents of conveyance and security documents shall be recorded within
30 days of their receipt in the manner prescribed by, local recording
statutes at the Applicant's expanse.
12. The attached "Assurance of Compliance with the Department of the ' '
, Interior Regulations under Title VI of the Civil Eights Act of, x.964" •
is hereby made apart of the application.
1.3. ' The applicant agrees to comply qui Iii the requirements of
:Public Law 90-4S0 (S2 Stat. 71£) the Architectual Farriery • '
let of 196B as amended by Public Law 91--•205 of 1970 (84 Stat.
49) to assure that development of facilities on conveyed surplus
1prop.e tics for public pe ra and recreation purposes are accessible
1 to the physicallyhandicapped; and, further assure in accordance -
n•:i.th Public Law 93-•112, The Rehabilitation Act of 1973 (87 Stat.'
' 394) that no otherwise qualified handicapped individual shill• solely .
• by reasons of his handicap be excluded from the participation in, '
be'deeicd be neiits of, or be subjected to•,ciis crimin;atioa: under. ' •
' anyprogram pror,m or activity receiving Feder.. =inancial a .•dstnne''• •
• • ,- l GSI .I s
it Mangy•
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(Title) .
. (t9ated) ,n., 6,' %
. 7 ^City Manage 's 'Office,
� • ' (Address of Applicant) ....
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City Hall, 1700 Conven io • , - ,• . . . - . _ • z,- - 39• '
ACCEPTANCE BY TU COVERb°MENT
Accepted by and pn behalf of the United States of America this
day of , 19 • _ •
• DEPARTMENT HENT OF. TUE INTERIOR R
Pay •. —
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oiliNisporommowomossaanosiotoksilisataa-
• :;`� ... '" t tes4�'��IRSd�I; �i- ���$`, .
REPORT OF EXCESS
JAX-115
U.S. Army Corps of Engineers
Miami Beach Reservation
Miami Beach, Florida
A tract or parcel of land and accreted land located in Section 10.
Township 54 South, Range 42 East. Dade County, Florida, being more •
particularly described as follows:
For a point of reference commence at the northeast corner of the north-
west quarter of said Section 10. thence run South 24° 50' West, for a
distance of 592.3 feet to a point in the northerly boundary of the U. S.
Corps of Engineers Reservation, a portion of which is the land being
herein described; thence run along the northerly boundary of said land
North 65° 13' West, for a distance of 560 feet more or less to the
intersectionof said line with the eastern right of way line of South
Washington Avenue said point also being 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 point being the Point of
Beginning of the tract or parcel of land being described herein.
From said Point of Beginning thence run along the northerly boundary of
said land South 65° 13' East a distance of 1 ,475.0 feet more or less to
its intersection with the erosion control line established for the Miami
Beach renoorishment project as shown on Dade County Plat File Number.
24-5342-12, Sheet 1 of 14, dated 25 July 1977; run thence South 23°18'33"
East, along said erosion control line and its extension, e distance of
605 feet, more or less to the Mean High Water line of the northerly shore-
line of the "Government Cut" for the Entrance Channel of Miami Harbor;
run thence northwesterly along said Mean High Water line with an approxi-
mate bearing of North 65° 13' West, a distance of 1 ,950 feet more or less
to a point on the Mean High Water line which lies South 24° 47' West, a
distance of 400 feet more or less from the Point of Beginning aforementioned;
thence run North 24° 47' East, a distance of 400 feet more or less to the
Point of Beginning.
The above-described tract or parcel of land contains 15.9 acres more or
less. The bearings and distances stated herein are based on true North.
Reserving to the Government a perpetual easement over the southerly 50
feet of said tract for maintenance of the riprap and jetty which lie on
the northern shore of the Miami Entrance Channel .
ORIGINAL
RESOLUTION NO. 78-15789
(Authorizing City Mgr.to make application
and accept from GSA Dept.of Interior
the property known as U.S. Army Corps
of Engineers Miami Beach Reservation,
ade Gounty,t1B, F1 . , GSA Control No.
D-FLA-739, 15.5 acres adjacent to
Government Cut)
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