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RESOLUTION 89-19719 RESOLUTION NO. 89-19719 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FEE SIMPLE DEED CONVEYING THE OWNERSHIP OF PORTIONS OF 80TH, 83RD, 84TH AND 86TH STREETS TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. WHEREAS, on or about October 14 , 1987, the City and the State of Florida entered into a Memorandum of Agreement whereby the City would donate the property known as North Shore Open Space Park and six (6) blocks of land on the west side of Collins Avenue to the State of Florida for public recreation purposes in perpetuity; and WHEREAS, on or about January 18 , 1989 , the Miami Beach City Commission passed and adopted Resolution No. 89-19509 declaring the property known as North Shore Open Space Park and six (6) blocks of land on the west side of Collins Avenue to be surplus to the needs of the City of Miami Beach and said resolution authorized the Mayor and City Clerk to execute a deed conveying North Shore Open Space Park Area and six (6) blocks of land on the west side of Collins Avenue to the State of Florida; and WHEREAS, on or about February 15, 1989, the Miami Beach City Commission passed and adopted Resolution No. 89-19541 whereby the City Commission declared portions of 80th, 83rd, 84th and 86th Streets abandoned and vacated; and WHEREAS, subsequent to the passage and adoption of Resolution No. 89-19541 the City of Miami Beach became the legal title holder to the vacated portions of 80th, 83rd, 84th and 86th Streets described as follows: THAT PORTION OF 80TH STREET BOUNDED ON THE WESTERLY SIDE BY A LINE 10. 00 FEET EASTERLY OF THE CENTER LINE OF A CERTAIN 20. 00 FOOT ALLEY ADJACENT AND PARALLEL TO THE WESTERLY LINE OF BLOCKS 19 AND 20, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40 AND BOUNDED ON THE EASTERLY BY A LINE 30. 00 FEET WESTERLY OF THE CENTER LINE OF COLLINS AVENUE. THAT PORTION OF STREETS 83RD AND 84TH BOUNDED ON THE WEST BY A LINE 10. 00 FEET EAST OF THE CENTER LINE OF A 20. 00 FOOT ALLEY ADJACENT AND PARALLEL TO THE WESTERLY LINE OF BLOCK 17 , CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40 AND BLOCKS 14 AND 15 ALTOS DEL MAR, SUBDIVISION NO. 2, PLAT BOOK 4 , PAGE 162 AND BOUNDED ON THE EASTERLY BY A LINE 30. 00 FEET WESTERLY OF THE CENTER LINE OF COLLINS AVENUE. THAT PORTION OF 86TH STREET BOUNDED ON THE WEST BY A LINE 10. 00 FEET EASTERLY OF THE CENTER LINE OF A 20. 00 FOOT ALLEY ADJACENT TO THE WESTERLY LINE OF BLOCK 13 , ALTOS DEL MAR, 1 SUBDIVISION NO. 2 , PLAT BOOK 4 , PAGE 162 AND ON THE EAST BOUNDED BY A LINE 30. 00 FEET WEST OF THE CENTER LINE OF COLLINS AVENUE; and WHEREAS, the State of Florida, Department of Natural Resources requested that the City convey the vacated portions of 80th, 83rd, 84th and 86th Streets in addition to the conveyance approved in Resolution No. 89-19509 ; and WHEREAS, on or about March 1, 1989, the Miami Beach City Commission passed and adopted Resolution No. 89-19547 authorizing the conveyance of the above described streets by Quit Claim Deed, however, the State of Florida would not accept a Quit Claim Deed. WHEREAS, as a compromise between a Quit Claim Deed and Statutory Warranty Deed the State has agreed to accept a Fee Simple Deed which specifically excludes all present and future title covenants and warranties whether implied or express; and WHEREAS, the State of Florida desires to operate North Shore Open Space as a State Park and maintain the property for public recreational purposes in perpetuity; and WHEREAS, the City Manager recommends the execution of the Fee Simple Deed and the City Attorney has approved it as to form. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: 1. The Mayor and City Clerk are authorized to execute the Fee Simple Deed conveying the ownership of the above described property in the North Shore Open Space Park area to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and any and all documents necessary to complete the conveyance. PASSED and ADOPTED this 6th day of Sept,,,er 1989 . 41111111111111117;" lego- ATTEST: if344-v FORM APPROVED CITY CLERK LEGAL DEPT. JLM/rlw REF: 5\NORTHSH4 .RES Date 4th6:f 2 &re/ /(4Im / ead PM eE FLORIDA 3 3 1 3 9 s� �c��'a 1,*kiNco,.ORATED *! "VACA TIONLANL) U. S. A. " ••,3 ,.z f4,. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. _/klY9 September 6, 1989 DATE: TO: Mayor Alex Da. . . and Members of e City Com ' ssio FROM: w • Rob W. Park . *. . ' i 4 r City Manager r j AUTHORIZING HE EXECUTION OF A FEE SIMPLE SUBJECT: DEED IN CONVEYING THE OWNERSHIP OF PORTIONS OF 80TH, 83RD, 84TH AND 86TH STREETS TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Background: On October 14, 1987, the City of Miami Beach and the State of Florida entere2d into a Memorandum of Agreement whereby the City would donate the property known as North Shore Open Space Park, and six (6) blocks of land on the west side of Collins Avenue, to the . State of Florida for public recreational purposes in perpetuity. On January 18, 1989, the City Commission of the City of Miami Beach passed and adopted Resolution No. 89-19509 declaring the property known as North Shore Open Space Park and six (6) blocks of land on the west side of Collins Avenue to be surplus to the needs of the City of Miami Beach. This Resolution authorized the Mayor and the City Clerk to execute a deed conveying North Shore Open Space Park area and six (6) blocks of land on the west side of Collins Avenue to the State of Florida. On February 15, 1989, the City Commission of the City of Miami Beach passed and adopted Resolution No. 89-19541 for the City Commission to declare portions of 80th, 83rd, 84th and 86th Streets abandoned and vacated. The City of Miami Beach became the legal title holder to the vacated portions of 80th, 83rd, 84th and 86th Streets. Current Status: The State of Florida, Department of Natural Resources, has requested that the City of Miami Beach convey the vacated portions of 80th, 83rd, 84th and 86th Streets in addition to the conveyance approved in Resolution No. 89-19509, which conveyed the North Shore Open Space Park area and six (6) blocks of land on the west side of Collins Avenue. ADMINISTRATION RECOMMENDATION: The Administration recommends the execution of the fee simple deed by the Mayor and the City Clerk, conveying the ownership of the above-described property in the North Shore Open Space Park area to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and any and all documents necessary to complete the conveyance. 66 RWP:WHH:blb Attachments AGENDAR- i - ____- ITEM _____ • DATE R-6- 29 FEE SIMPLE DEED AND RESERVATION OF EASEMENT THIS INDENTURE, made this 13th day of September , 1989, by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Natural Resources, Division of State Lands, 3900 Commonwealth Boulevard, Room 412 , Tallahassee, Florida 32399, hereinafter called "Grantee" : WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 ($10. 00) Dollars, to him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold and transferred, and by these presents does grant, bargain, sell and transfer unto Grantee all that certain parcel of land, lying and being in the County of Dade, and the State of Florida, more particularly described as follows: THAT PORTION OF 80TH STREET BOUNDED ON THE WESTERLY SIDE BY A LINE 10. 00 FEET EASTERLY OF THE CENTER LINE OF A CERTAIN 20. 00 FOOT ALLEY ADJACENT AND PARALLEL TO THE WESTERLY LINE OF BLOCKS 19 AND 20, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40 AND BOUNDED ON THE EASTERLY BY A LINE 30. 00 FEET WESTERLY OF THE CENTER LINE OF COLLINS AVENUE. THAT PORTION OF STREETS 83RD AND 84TH BOUNDED ON THE WEST BY A LINE 10. 00 FEET EAST OF THE CENTER LINE OF A 20. 00 FOOT ALLEY ADJACENT AND PARALLEL TO THE WESTERLY LINE OF BLOCK 17 , CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40 AND BLOCKS 14 AND 15 ALTOS DEL MAR, SUBDIVISION NO. 2, PLAT BOOK 4 , PAGE 162 AND BOUNDED ON THE EASTERLY BY A LINE 30. 00 FEET WESTERLY OF THE CENTER LINE OF COLLINS AVENUE. THAT PORTION OF 86TH STREET BOUNDED ON THE WEST BY A LINE 10. 00 FEET EASTERLY OF THE CENTER LINE OF A 20. 00 FOOT ALLEY ADJACENT TO THE WESTERLY LINE OF BLOCK 13 , ALTOS DEL MAR, SUBDIVISION NO. 2 , PLAT BOOK 4 , PAGE 162 AND ON THE EAST BOUNDED BY A LINE 30. 00 FEET WEST OF THE CENTER LINE OF COLLINS AVENUE. SUBJECT TO THE FOLLOWING: 1. This conveyance is subject to rights-of-way, easements and covenants and agreements of record, if any now exist, affecting the above-described premises, but any such interests that may have been terminated are not hereby reimposed. 2 . Furthermore, this conveyance specifically excludes any and all present and future title covenants and warranties whether implied or express. 1 ` RESERVING unto the Grantor herein, its successors or assigns, an underground and above ground easement or easements for any and all existing and/or future public utilities, including but not limited to water, sewer and telephone. TOGETHER with all tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining: TO HAVE AND TO HOLD, the same in fee simple forever. This property shall be used and maintained for the public recreation purposes for which it was conveyed in perpetuity. IN WITNESS HEREOF, the Grantor has caused these presents to be executed in its name and on its behalf the day and year first above written. CITY OF MI — I BEACH, a Florida WITNESSES: munici• - .j orpo .tio / iergieda FORM APPROVED ' "OR .TTEST: EGAL DEPT. CITY CLERK STATE OF FLORIDJte ) ss COUNTY OF DADE ) On this / „.) day of .,� , 1989, before me, personally appeared Alex Daoud, Mayor of the City of Miami Beach, a Florida municipal corporation, and known to me to be the same person described in and who executed the foregoing instrument aforesaid, as the act and the deed of the City of Miami Beach, Florida, duly designated, empowered and authorized to do so and he acknowledged that he executed the foregoing instrument for and on behalf of the City of Miami Beach, Florida. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA DA Prepared by: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7470 REF: 5\FEESIMP2 .DED 2 ORIGINAL, RESOLUTION NO. 89--19719 Authorizing the Mayor and City Clerk to execute a fee simple deed conveying the ownership of portions of 80th, 83rd, 84th - and 86th Streets to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.