2000-23775 RESO
RESOLUTION NO. 2000-23775
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH RESCINDING
RESOLUTION NO. 11041 RELATING TO THE ST. FRANCIS
HOSPIT AL SITE ON ALLISON ISLAND, ENTITLED:
"RESOLUTION LOCATING AND FIXING BULKHEAD LINE
SUBJECT TO APPROVAL OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA"
DATED AUGUST 21,1963.
WHEREAS, the City Commission of Miami Beach passed and adopted Resolution No.
11041, requesting the Trustees of the Internal Improvement Trust Fund of the State of Florida to
locate and fix the following bulkhead line:
Commence at the SW corner of Section II Township 53 South Range 42 East, Dade
County, Florida; Thence run North 1 degree 30 minutes 00 Seconds West along the
West line of Section II for a distance of 536.06 feet to its intersection thereof with
the center line of West 63rd Street for a distance of 1,131.69 feet to a point of
intersection thereof with the West line of Allison Island, also being the West line of
the Plat entitled Indian Creek Subdivision according to the plat thereof recorded in
plat book 31 at page 75 ofthe public records of Dade County, Florida, said West line
being established as the Dade County Bulkhead Line by the Board of County
Commissioners of Dade County, Florida, by Resolution No. 2025 passed and adopted
September 2, 1958; Thence run South 8 degrees 44 minutes fifteen seconds East
along the said West line of Allison Island and also being along the prolongation
Southerly off the said West line ofthe said Plat entitled Indian Creek Subdivision for
a distance of 344.87 feet to the beginning of a tangential circular curve; Thence run
in a Southeasterly direction along said curve to the left having a radius of250.5 feet,
through a central angle of 12 degrees 16 minutes 58.5 seconds for an arc distance of
53.70 feet to the point of beginning of the tract of suggested land herein described:
Thence run South 21 degrees 01 minutes 13.5 seconds East for a distance 4441.40
feet to the beginning of a tangential circular curve; thence run in a Southeasterly,
Easterly, Northeasterly and Northerly direction along said curve to the left having a
radius of 135 feet through a central angle of 143 degrees 19 minutes 6.5 seconds for
an arc distance of337.69 feet to the end of said curve; Thence run North 15 degrees
39 minutes 40 seconds East for a distance of303.86 feet to a point; Thence run North
3 degrees 21 minutes 53.5 seconds West for a distance of212.39 feet to a point of
intersection thereof with the East line ofthe said Allison Island and being a point on
a circular curve whose center bears South 86 degrees 38 minutes 06.5 seconds West
therefrom; Thence run in a Southwesterly, Westerly and Northwesterly direction
along the Southerly line of the said Allison Island and along said curve to the right
having a radius of 250.50 feet through a central angle of 162 degrees 20 minutes 40
seconds for an arc distance of709.78 feet to the point of beginning, containing 2.77
acres, more or less.
WHEREAS, Resolution No. 11041 provides the following, regarding the St. Francis
property:
1. That no structure will ever be constructed on any newly filled land within such
extended bulkhead line.
2. That the use by St. Francis Hospital of its property on Pine Tree Drive for parking
purposes will cease and determine upon the completion of the filling of land within
the extended bulkhead line.
3. That St. Francis Hospital will construct no boat docks to replace the presently
existing dock.
WHEREAS, the Trustees of the Internal Improvement Trust Fund of the State of Florida ,
with Dedication No. 23589 (1429-13), recorded in Official Records Book 11674, page 142, of the
Public Records of Dade County Florida, subsequently dedicated the lands described in Resolution
No. 11041, subject to certain restrictions; and
WHEREAS, the Trustees of the Internal Improvement Trust Fund of the State of Florida
have agreed to release those certain restrictions;
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT:
Resolution No. 11041 is rescinded.
APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY, 2000.
~~
ATTEST:
MAYOR
~f2wt ecUC~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\PLAN\$ALL\CC _ MEMOS\SFCOMMRE. WPD
~Ifi!?
Ity ttorney
V~r/C)()
',- .,-
I J ,; {.
I ,
Uk
):, . I
. !f
I
'. ,
\ ,'I I :.
r: i' ; \.
RESOLUTION NO. 11041
RESOLUTION LOCATING AND FIXING BULKHEAD LINE
SUBJECT TO APPROVAL OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA.
WHEREAS, public hearings upon the location and fixing of
a bulkhead line in Indian Creek were held by the City Council
of the City of Miami Beach, Florida, on June 28, 1963 and on
August 7, 1963, after notice as required by Section 253.122
Florida Statutes; and
" ,
.. ~
WHEREAS, said City Council finds and determines that it
is to the best interest of the public that such bulkhead line
be located and fixed;
..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that, subject to the approval
of the Trustees of the Internal Improvement Fund of the State
of Florida, that such bulkhead line be located and fixed as
follows:
"Commence at the SW corner of Section 11 Township
53 South Range 42 East, Dade County, Flo~ida;
Thence run North 1 degree 38 minutes 00 seconds
West along the West line of Section 11 for a
distance of 536.06 feet to its intersection
thereof with the center line of West 63rd Street;
Thence run North 81 degrees 14 minutes 00 seconds
East along the center line Of West 63rd Street for
a distance of 1,131.69 feet to a point of inter-
section thereof with the West line of Allison
Island, also being the West line of the Plat
entitled Indian Creek Subdivision according to
the plat thereof recorded in plat book 31 at
page 75 of the public records of Dade County,
Florida, said West line being established as
the Dade County Bulkhead Line by the Board of
County Commissioners of Dade County, Florida,
by Resolution No. 2025 passed and adopted
September 2, 1958; Thence run South 8 degrees
44 minutes 15 seconds East along the said West
line of Allison Island and also being along the
prolongation Southerly of the said West line of
the said Plat entitled Indian Creek Subdivision
for a distance of 344.87 feet to the beginning
of a tangential circular curve; Thence run in
a Southeasterly direction along said curve to
the left having a radius of 250.5 feet, through
a central angle of 12 degrees 16 minutes 58.5
seconds for an arc distance of 53.70 feet to
the point of beginning of the tract of submerged
land herein described; Thence run South 21 degrees
01 minutes 13.5 seconds East for a distance of
441.40 feet to the beginning of a tangential
circular curve; Thence run in a Southeasterly,
Easterly, Northeasterly and Northerly direction
along said curve to the left having a radius of
135 feet through a central angle of 143 degrees
-1-
EXHIBIT 1
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE _ MIAMIIEAf:H 39. flORIDA
19 minutes 6.5 seconds for an arc distance of
337.69 feet to the end of said curve; Thence run
North 15 degrees 39 minutes 40 seconds East for
a distance of 303.86 feet to a point; Thence run
North 3 degrees 21 minutes 53.5 seconds West for
a distance of 212.39 feet to a point of inter-
section thereof with the East line of the said
Allison Island and being a point on a circular
curve whose center bears South 86 degrees 38
minutes 06.5 seconds West therefrom; Thence run
in a Southwesterly, Westerly and Northwesterly
direction along the Southerly line of the said
Allison Island and along said curve to the right
having a radius of 250.50 feet through a central
angle of 162 degrees 20 minutes 40 seconds for
an arc distance of 709.78 feet to the point of
beginning, containing 2.77 acres, more or less."
All as shown upon uhe attached sketch and drawing, entitled
"SKETCH TO ACCOMPANY APPLICATION TO PURCHASE SUBMERGED LAND
LYING SOUTHERLY OF INDIAN CREEK SUBDIVISION (ALLISON ISLAND)
PLAT BOOK 31, PAGE 75, MIAMI BEACH, DADE COUNTY, FLORIDA",
prepared by M. B. Garris, Civil and Consulting Engineer of
Miami, Florida, and dated January, 1963, be and the same is
hereby determined, located and fixed under thQ authority
vested in this City Council by Section 253.122, Florida
Statutes, and the Trustees of the Internal Improvement Fund
of the State of Florida are hereby requested to give their
approval to such bulkhead line; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that ~he aboye finding and determin-
ation by the said City Council be and the same is hereby made
expressly subject to the following conditions:
1. That no structure will ever be constructed on any
newly filled land within such extended bulkhead line.
2. That the use by St. Francis Hospital of its property
on Pine Tree Drive for parking purposes will cease and deter-
mine upon the completion of the filling of land within the
extended bulkhead line.
3. That St. Francis Hospital will construct no boat dock
to replace the presently existing dock.
PASSED and ADOPTED this 21st day of
August
, 1963.
ATTEST:
R~ ~. L. JOHNSON. City Clerk
~MJLlL6 p~ ~
Deputy City Clerk
-2-
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE _ MIAMI BEACH 3~. FLORIDA
't,,;. _,;, _', ", , , i~g -1':15"\\' ,..,.;>;'~''f';-:-;:'"
. -~... ~,~, '~;f\:1.j,:'!.~':M.:t idl:'Ia.....:
.' .:. . ... ~- '.::;':'.\;t~~~~~;~~WWf~:~':;:~~~:":<;<.2'"
19 minutes 6.5 ~econds for.an'arc distance of
337.69 feet to the end of said curve: Thence run
North 15 degrees 39 minutes 40 seconds East for
a distance ot 303.86 feet to a point: Thence run
North 3 de<Jrees 21 minutes 53.5 seconds West fOl'
a did lance of 212.39 feet to ~ point cf i~ter-
section thereof with the East line of the said
Allison Island and being a point on.ll circlIl.ilr
curvc whose center bears South or. dcgree:; 311
minutes 06.5 seconds West therefrom: Thclle" rlln
in a Southwesterly, Westerly and Northwcr.lcrl:'
dircction along the Southerly 11ne of the 5~td
Allison Island and along said curve to the right
having a radius of 250.50 feet through a central
angle of 162 degrees 20 minutes 40 seconds for
an arc dista:-lce .)f 709.78 feet to the pol Ilt o~
beginning, containing 2.77 acres, morc nr lcpr.."
,tIC
All ar. shown upon the attached sketch and <.lril\Hng, entltlcd
.SKETCH 1'0 i,CCOHPANY APPLICATION TO PURCHASE SURMF.RGF:O LA~D
LYING SOUTIIF.Rl.Y OF" INDIAN CREEK SlJnOIVISI('IU (M.r.IS('I~1 TSr.J\NOl
Pw\T BOOl, \1., PM;!:: 75, I'IIMI nF:AC/J. DAOI.: ('ClII~.,.r.., FJ.nnr/lA",
prepared by M. D. Gar-ris, Civil and CClnt;lIJ t 111" /':"'1'''''' r ,,'
Miami, Florida, and dated January, 1963, lIe and ~hC' s.~",'~ u.
hereby deter17lined, located and fixed IIndrr- t.he a"~,:'()rl:_~:
vested in thin Ci ty Council by Section 25] .17.2, Fl,~r- Id.1
Statutes, and the 7rustec5 o[ the Int.~rn<ll Im!,r-'''J'''''ICIII. FUlld
of the State of Flo:-icJiI ilr-e hcr-eby rCCJlI.."t ".I . r. '11 vr , h. 11-
approval to :;lIch bu~':hc.~d J inc; <In':
Dr: IT r{;",7n~n rJ::;Ci'':Jr:n no, TliF: C;'".l" (,,\)i":~\:.ii. ll; T'li'~ '..l
OF MIAHI DE/'\CIl, FLORIDA, that the above fincl1n<J and dctcrmll'-
atlon by the said City Council be and the &amc i~ hcreby nil~0
expressly subject to the following C()ndltl()n~:
1. TII~t 110 :-.:::-:.:::t urC' 'tll11 rvl.,. ,." f'l'":;~ rIP" ,." III' 0111:-'
newly fllll"u l03nu \oil thill such c;{t.cllded j)"l:-,ll";"! 1,:".
2. Tl..:lt ~hc '.::-: by st. Frrtnc i" 110r.f'1'.~ 1 "r ': ~ pr0prr':
on Pine Tr0c Or-lve fat. pilrJo:ing purtx>~C's "., ) ] r.';'~r and dcte:--
mine u!)()n thr' COr.lplctlon o( thf':' f.:.1Jlnq n; 1.1/1'1 .....':illl\ til(.
cxtr:ntk,! IJ'lll:IW.:ld 11 n.~.
J. 'lhi\t St. fr<Jllcis flo!ipltill wlll CCln~tr\trt n.' Ilf'f1~ I~\""
to replilcC' t!,c prcscr.tly ('xi!;tln<J doc!-:.
PASSED and ~PTCD thi"
7) ,.,
dOl'}' (,f
'\,1'-:" .
ATTEST:
C;;J~k~~/~~4d..___
J, R. I'I'.!. L\ ,:>I:~~;. ,-.;' ~ ~'" ',r ;r~
of ~1~i.)rT'1 L~~~;::='~~' '.~.'~ h 'r~'~1 (i''''",
Ihut Pl0 (:~ t.. \",~ ,":;~ : " i. --~: '. .r~:"
C('f(('C: (;t,t 0' t:.,,-, \;r' ',t I:. ll'
rhl~ ('\:!IC(I
~J2~::C~p;g; :rJi C J'=-
ncpUc.y Cl ty..~le3-; ~
'. .... . . ....... ( " ~
'.... \' '\'
..... '.. .; ~ f ., c..,- -1'."
.... '-l'"'l''''
......flv.'1.~ I.,.. "
. - ...'-. ....,., I
rL. . ...
\ " . .. ::>,:
.\~\((firdO'AIl! J-
... . /, .'
I. ... ' ..
WIINE::.:::' n'l 1:;,\(.1 dl\u \"':" ,I,'
thiS 2. &' rj, d.~Y.JI .~-
';.O.13b~
SUit ~.. Covo.I, .. ()oJe. LJ.; I.'
TM1 WlII.....M;r.P ~'d 1f\4_~. ---4.,. Olr---
.M'.. ..L.'.U...!..t'-w. ,,^~d:)'1J~~.J ltl ()ftl(:ld 'r1f~ ...
~_1 L4A 1'.", __1114 Pta, Io:~ A L~ 2..-.
L .. UAT"(IlU.~
R. W~l. L. JUIIo'<:.)O"
by~~~:~:~':P:i'~~~~h;/ ~.
"l0 W"'Slff...e,ON AVO<\JI _ ..,.....' .,...cIJCll~~ ciO:~
- 2-
i'I;
ISBJ JAJl 20 f?i 3: 54
83fi016832
r: .
,.:
/167 4;~ 1"42
TRUSTEES OF TIlE INTERNAL IHPROVEHENT FUND
OF THE STATE OF FLORIDA
DEDICATION
NO. 23589 (1429-13)
KNOW ALL HEN BY TItESE pRESENTS:
That the Trustees of
the Internal Improvement Fund of the State of Florida, in pur-
_uanco of application made by ST. FRANCIS HOSPITAL. INC.. a
corporation existing under the 1a.....s of the State of Florida,
having its principal place of business in the County of Dade,
State of Florida, for dedication of the lands hereinafter described
for a vehicular parking lot to serve St. Francis Hospital, approved
by said Trustees on January 21, 1964, have dedicated and by these
presents do hereby dedicate th~ fo11o.....ing desc.o-ieed lands in
DADE CoUNTY. Florida. to-.....it:
A p~rcel of submerged land in Indian Creek in Section
11, TO\..nship 53 South, Range 42 East, Dade County.
Florida, more particularly described as follo~s:
Commence a t the SI'; co rne r 0 f Sec t i or. 11, To.....ns h ip 53
South, Range 42 East. Dade County. F lor ida; thence run
North 10 38' 00" h'es~ alone; the ....est line of Section 11
for a distance 0: 5)I).Of, (eet to i~s lnterse.:-tion there-
of ',:lth the center lln'.:' c~ h.('~t ()1rr! ~tr(,f"t: thE-nce run
North 81014' 00" [.)st )lon.j the center line 0: ',.;est
63rd Street for .) (~IS t"nce 0: l. 1 Jl . 69 f<:e~ to a point
of intersection t;;C(<:''J:' '^'Itr. l~L' '.,'es: [1::<: '): Allison
Island. also bCln:; tLe ;,'ost line 0: t~C ['[.1t entitled
"Indian Crcc~ SUk-(~L\.'lSl0n". 3:"'C0rl:ln; t,_, tt'.o::" pl.3t thereo~-
recorded in rl<lt 1:00:': )1 .)~ r..:>;e 7" 0: t!.e [CJ~llc Recorcs
of Dade Count..... Flor,,:a. 5.)1:; '.':cst line :,-oln: .~t.1blisr.c';
a:: the Dac..!c C0ur~:.:' :~t...: l:'-.hcJ,c! Llne ~<.- t:'c r~n.1rd ':'If Count':
Commissioncr~ of [),1dc Count":., Flo(l(L\. .. Pe501u:'lon .
No. 2025 passcc .HIt! "',:'Jpte,! scplem~'cr 2. 14',8; t~ence
run SOIJth oC) 44' }:-).. L)~l ;1tOr.'; tt-:c S(11": ".'.("5:' llne of
Allison Isle.lnc. ,1:1(! ,11s0 bCln.: .'\l'"'1n,; t_r.f" p:-0lor,la:lon
Southcrl'/ of the ~.)I(! :\.l.'~t IlnC' ~)~ :~,(' ~.1LI pl.,: cr.tlt1ec
"Inclc)n CrcC't: Sub(!i\'t~lon", fo:- ,1 l.~15t.\nCe of J~-:"87 feet
to the bCYlnnlnl 0: a ',In:}ent1-1 i _'lrcul.1r cun'e: thence
run in a SouLhcasLcrl'/' (!ircc'.l(l~ .1t.:.~,; S.'ll.! C:.::-'''C to ::.hc
left having ..1 r.:ldius of 2::0.:1 :('ct: :~r':H.l":~: J. '.:e:1~r.)l
angle of 1201&' SB.')" fot' an .Ire f:l~.~.);-;('t' n:' ~,3.70 feet
to the Point of OCCJ In;-.tn.j of :~(' t (".:let n: ~'.I~'mer~cc LanG
herein described: thence run S~'J',I, ~l' l'l' lJ.~" East ~or
a distance of -1.11.40 feet l0 the 1,(',:lnnl0.1 'J~" :.:>ngentl,1[
circular curve: th('ncC' rtln 1:1 ., ~(.uth<:.\stcrl':'. tasterly.
Northeasterl\' Clod N'_,rthcrl',. <I:r"L.tlon a[0n., 5.11C curve
to the left h')\,'lthJ .) r.Hlius P: .F. !-('C'L !..hl'.)\l..~..l central
angle of l.j)o 19' <'G."" for.:ln .,r,' .!l~tanc'" n: ))7.69
feet to the cnG of S.'ll~ "---.u(\..t..... thC'rh:'C- ['l..;r. s()r:.~ l)J JCJ'
.10" Ea s t for ..1 d 1 S t..) r: ,-c (l f J 0 3 . t:ll' ~ Ct': t 0 .) p:' 1 ~:.: the r.C c
run North )' 21' ',).', ',,'cst f"r.\ '!ISt.1"CC u! 2l2.J9 leet
to.1 pOInt 0: tnt('r~;l''-.-.:'lor-: t~\(_~rl..'\.l: .,tlL ".r',C [tls:'. lii1c 0:
- l -
EXHIBIT 2
~I 1167 4 ~ 14.3
the oaid Allison Inland and being a point on a circular
curve ",'hose center bears South 860 38' 06.5" WeBt there-
from; thence run in a Southwesterly, Westerly and North-
westerly direction along the Southerly line of the said
Allison Island and along Baid curve to the right havin~
a radius of 250.50 feet through a central angle of 162
20' 40" for an arc distance of 709.78 feet to the Point
of Beginning. Containing 2.77 acres, more or less.
This Dedication is made subject to the following pro-
visions and conditionn, viz:
1. That said lando shall be uoed only as a site for a vel)icul.ar
parking lot under supervision of and to serve St. Fr'ancl€'
IlJspll:a. L
2. That no bui Idings or other otructl.lres will be constructed
or locatea upon said land.
3. That in the event. St. Francis Hospital. or its successors
shall fail to use said land for said purpose and for a perlod
of three consecutive years shall fail and neglect to maintaln
and use the same for said purposes, or if the said land shall
be used for any purpose not herein specifically authorized,
the dedication herein made shall, at the option of said
Trusteeo, be subject to revocation upon sixty days notice
in writing by the Trustees to said Hospital.
IN TESTIHONY h1JEREOF, the said Trustees have hereunto
subscribed their names and affixed their seal and have caused t~e
seal of THE DEPARTHENT OF AGRICULTURE OF TIlE STATE OF FLORIDA ~~
be hereunto affixed, at the Capitol. in the City of Tallahassee.
on this the )lot day of ,Ji\nuary , A. D. 1964.
'"
~
( S==-;:.
,'r:.
'-
Gave rno r
/~.
j
( S E./\.L )
Trustees
(5,::,. :
I. I. Fu nd
.. t. 1"
Compt ":911e r
......---..,cC<,~,( (.J() --- (5::",
- 'l'rG..surer .
AL~~neh0fr/J (5:'
~..' . /;;;:, r. /
\..J./>!.J<.~ (5"
COmml sioner of Agriculture
(SEAL)
Dept. of Agricult\lre
~s ~n(l Constltutln~ the Trus:ec~
of the Intern., 1 Improvement fur....
0: '.~e State o~ rlor,,!,'-
~~/29/1999 17:02
9044883379
LAND MAI'-It'.GEMENT SERV
PAGE 02
99DSL061 . tp
STATE LANDS
REQUEST~ Consideration of a request to (1) ('elease the ('est.fictions contained in Dedication
No. 23589 (1429-13); (2) waive the restrictive covenant requirement of section 2~3 . 12(2)(h)3. ,
F.S.: and (3) convey 2.77 acres of filled formerly sovereignty submerged lands in Dade
County to 63,d Street Associates, Ltd.
COUNTY: Dade
Dedication No. 23589 (1429-13)
Deed No. 30241 (4868-13)
APPLICANT: 63rd Street Associates, Ltd.
LOCATION: Sections 11 ond 14, Township 53 South, Rouge 42 East
CONSIDERA TION~ Appraised market value, to be deposited in the Internal Improvement
Trust Fund
STAFF REMARKS~ On September 17, 1963, the Board of Trustees approved the dedication
of 2.77 acres of submerged land in Indian Creek to St. Francis Hospital, Inc. (St. Francis) by
Dedication No. 23589 (1429-13). Use of the property was restricted to a vehicular parking lot
under supervision of and to serve the hospital. The dedication further specified that in the
event St. Francis or its successors foiled to use sftid tand for $aid putpose and for a period of
three consecutive years shall fail and neglect to maintain and usc thc l'iamc for said purposcs, or
if the said land shall be used for any purpose not he('ein specifically authoriZed, the dedication
herein shall, at the option of said Trustees, be subject to revocation upon sixty days notice 11.1
writing by the Trustees to St. Francis. The submerged lands were subsequently filled and used
for a parking lot. In February 1999, the filled parcel and adjacent privately-owned land on
which the hospital is located were purchased by 63rd Street Associates, Ltd. (Developer). The
Develope(' proposes to use the former hospital site for commercial and residential purposes.
To do so requires release of the restrictions from the dedication. Since dedicat.ions do not
convey fee title, the Developer must also purchase the 2.77-acre parcel from the Board of
Trustees.
Pursuant to section 18-2.018(3)(e)5., F.A.C., deed or dcdication restrictions or reverters shall
be released to the record owner(s) if the Board of TnJstecs deteonines that there is no longer
any present or future public purpose for I'ctaining thcm and that the affected parcel contains no
fragile environmental, historical, archaeological or recreational resources which would require
protection through continued enforcement of the restrictions or reverter. State agencies and the
county were notified of the application. No objections were received, and no agency expl'essed
any interest in managing this parcel or gave any reason for maintaining statc ownership of the
parcel.
Pursuant to section 18-21.013(1), F.A,C., applications to purchase lands riparian to uplands""""""--
may be made by the riI:Jarian owners only. The DevelopeI:' is the upland dparlan owner.
Pursuant to section 253.115(5)(b), P.S., the notice and publication requirements of section ~
253.115, F. S., do not apply to any conveyance of land lying landward of the line of mean high
water, which land does not exceed five acres in area.
Pursuant to section 253.12(2)(0), F.S., the Board of Trustees may sell submerged lands if /'
determined by the Board of Trustees to be in the public interest. Staff believes that the
pl'oposed conveyance is in the public interest in light of the following: (1) no agency
rcspondcd with a rcason for retaining statc owncl"Bhip; (2) the submcrged lAnds have been fiHed
and the parcel now functions as a paved parking lot and has no natural resource value; and (3)
it would not be feasible to restore the land to its previously unfilled state.
EXHIBIT 3
0~/29/1999 17:02
9044883379
LAND MANAGEMENT SERV
PAGE 03
Pursuant to section 253. 12(2)(b)3.. F.S.. the Board of Tnlstees (nay convey submerged lands
to an applicant who does not have before the Board of TrusteeS an application for 1\ pe.u:nH to
dredge or fill lands if. as a condition of the conveyance. dredging is prOhibited except for
navigation purposes. The Board of Trustees may waive such restrictive covenant when such
waiver is in the public interest. Staff beHeves that the waiver is in the public interest because
the current bulkhead line was established at the time of the original dedication and the parcel
has already been filled to the new bulkhead line.
If the release and subsequent conveyance are approved by the Board of Tnlstees. the
DepartInent of Envlrorunental Protection. Division of State Lands will contract for an appraisal
of the property _ The Developer is prepared to pay the current appraised market VAlue for the
land.
During the course of reviewing the maps and survey for the filled land. a Bcrivenors error was
noted. '!be parcel is located in sections 11 and 14, not just section 11. The legal description
in the proposed Release of Restrictions ntirrors the legal description in the original dedication;
however. the legal description in the deed has been corrected to reflect the additional section.
A consideration of the status of the local govenunent cOInprehensive plan was not made for
this item. The Department of Environmental Protection bas determined t.h.ot the proposed
action is not subject to the local govenunent planning process_
(See Attachment~, Pages 1--->
RECOJ.\.11'dEND APPROV ^L
'/2g/1';lgg 17:02
g04488337g
LAND tv1A~IAGEMENT SERV
PAGE 04
.....--'
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
RELEASE OF RESTRICTIONS
DEOICATION NO. 23589 (1429-13)
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA, ("Trustees"), is by Section 253.03, Florida
Statutes, authorized and empowered to release restricted uses for certain lands under the terms
and conditioIl$ set forth herein; and.
WHEREAS, the said Tmstees conveyed to ST. FRANCIS HOSPITAL, INC. ("St.
Francis Hospital"), certain lands more particularly described in Dedication No. 23589 (1429-
13), recoqled in Official Records Book 11674. page 142. of the Public Records of Dade
County, Florida; 8nd
WHEREAS, said Dedication No. 23589 (1429-13) contains the following restrictions
("Restrictions"):
1. That said lands shall be used only as a site for a vehicular
parking lot under supervision of and to serve St. Francis
Hogpital.
2. That no buildings or other strUctures will be constructed
or located upon said land. '
'.3. That in the event St, Francis Hospital or its successors
shall fail to use said land for said purpose and for a period
of three consecutive years shall faU and neglect to maintain
and use the l'1ame for said purposes, or if' the said land shall
be used ror any purpose Dot herein specifically authorIzed,
the dedfcatloD herein made shall. at the option of saId
Trustees, be subject to revocation upon sixty days notice
in writing by the Trustees to said Hospital.
WHEREAS, St. Francis Hospital did convey the lands described in Dedication No,
23589 (1429-13) to 63nl Street Associates. Ltd.
WlIEREAS, 63nl Street AssocIates, Ltd., is desh:ous of developing the lands described
in Dedication No. 23~89 (1429-13), for residential and commercial uses, and in order to
accomplish the same, it Is necessary that the RestrIctions on the lands described In DedIcation
No. 23S89 (1429-13) be released; and
EXHIBIT 4
29/1<';99 17:02
9044883379
LAND MAt-1AGEMENT SERV
PAGE 05
WHEREAS, said Trustees did approve this Release of Restrictions on tbe ~ day ?f
, 19~_.
NOW THEREFORE, IT IS HEREBY COVENANTED AND AGREED:
THAT the Rostrictions deBcribed in Dedication No. 23589 (1429-13) arc hcr~by
released from the lands described in said Dedication.
IN WITNESS WHEREOF, the Board of Trustees of the Internal Improvement Tnlst
Fund. of the State of Florida has caused this Release of Restrictions to be executed. the day and.
year first a.bove written.
PrintITypc Witness Name
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: (SEAL)
MJ:CHAEL E. ASlIEY. ASSIST ANT
DIRECTOR, DIVISION OF ST ATE
LANDS, DEPARTMENT OF
EN~RONMENTALPROTBCTION
Witness
Witness
PrlntlType Witness Name
STATE O;p FLORIDA
COUNTY OF LEON
The foregoing instrUment was acknowledged before me this _ day of .
19_, by Michael E. Ash~y, Assistant Director, Division of Stat~ Lands, DopaItm~nt of
Environmental Protection, as agent for and on behalf of the Board of Trustees of the Intemal
Improvement Trust Fund of the Sta.te of Florida, who Is personally known to me.
(SEAL)
Notary Public. State of Florida
PrintfTypc Notary NIUUC
Commission Number:
My Commission Expires:
Approved as to
Form and Legality
-d~/9'9
By:
DEP Attomey
DArE: ._
Page 2 of 3
Release of Restrictions
, Dedication No. 23589 (1429-13)
03/29/i999 17:~2
9~44883379
LAND MAI'-IAGEMENT SERV
PAGE ~6
EXHIBIT "A-
A parcel of submerged land in Indian Creek in Section II, Township 53 South, Range 42 F~..st,
Dade County, Florida, moI:'C particularly described as follows:
Com.mcncc at the SW corner of Section II, Township 53 South, Ral\Be 42 East, Dade County,
Flo.dda; thence run North 10 38' 00- West along the West line of Section 11 for a distance of
536.06 feet to its intersection thereof with the center line of West 63M StI:'cct; thcncc run North
81 0 14' 00" East along the centcr line of West 63nl Street for a distancc of 1,131.69 fcet to a
point of intersection theI:'cof with the West line of AIIIson Island, also being the West line of
the Plat entitled "Indian Creek Subdivision", Rccording to the plat thereof I:'ccorctcd in Plat
Book 31 at Page 75 of the Public Records of Dade County, Florida, said West H(\e being
established as the Dade County Bulkhead Line by the Board of County COnmllssioners of Dade
County, Florida, by Resolution No. 2025 passed and adopted September 2, 1958; thencc run
South 80 44' IS" East along the said West llne of Allison Ishmd and also being along the
prolongation Southerly of the said West line of the said plat entitled "Indian Creek
Subdivision", for a distance of 344.87 feet to the beginning of a tangential ch:culnr curve;
thence run in a Southeasterly direction along said curve to the left having a radius of 250.5
feet; through a central anglc of 120 16' 58.5" for an arc distance of 53.70 feet to the Point of
Beginning of the tract of submerged land herein described; thence run South 21001' 13.5"
East for a distancc of 441.40 feet to the beginning of a tangential circular curve; thence ron in
a Southeasterly, Easterly, Northeasterly and Northerly direction along SRid curve to the left
having a xadius of 135 feet through a central angle of 1430 19' 06.5" for an arc dIstance of
337.69 feet to the end of said curve; thence run North 150 39' 40" East for a distance of
303.86 feet to a point; thence run North 30 21' 53.5" West for a distance of 212.39 feet to a
point of inteI:'section thereof with the East line of the said Alllson Island and belng (I point on n
cIrcular curve whose center bears South 860 38' 06.5" West therefrom; thence run in a
Southwesterly, Westerly and Northwesterly direction along the Southerly line of the said
Allison Island and along saId curve to the right having a radius of 250.50 feet through a central
angle of 162020' 40" for an arc distance of 709.78 feet to the Point of Beginnlng. Containing
2.77 aCreS, more or less.
Pago 3 of 3
Release of Restrictions
Dedication No. 23589 (1429-13)
I!ll!
t
REPLY TO:
Miami
TEW CARDENAS REBAK
KELLOGG LEHMAN
DEMAR1A&TAGUE, L.L.E
WRITER'S DIRECT LINE
(305) 539-2114
ATTORNEYS AT LAW
E-MAIL:
BDF@Tewlaw.com
January 14,2000
Re: Sf. Francis - Resolution No. 1104L
Our File No.: 20654.002
c-:
a
-< a
:;-. c__
;:::;.
~ ~:.:
.r.-
.-
- -0
C' ::.r:
c:. -
..
." Ul
~ U1
r-:-:
,...,..,
I;
VIA F AC8IMILE & HAND DELIVERY
Gary Held, Esq.
First Assistant City Attorney
City Attorney's Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
,')
...'.~,
, J ~
I
'".--'
Dear Gary:
Per our discussion, I attach Resolution No. 1104L ("Resolution"), regarding the 81. Francis
Hospital site. We would like rescission of this resolution to be considered with the pending 81.
Francis applications by the City Commission on January 26, 2000, and that the City Commission
pass and adopt a Resolution Rescinding Resolution No. 1104L. The Resolution provides the
following, regarding the 81. Francis property:
1. That no structure will ever be constructed on any newly filled land within such
extended bulkhead line.
2. That the use by 81. Francis Hospital of its property on Pine Tree Drive for parking
purposes will cease and determine upon the completion of the filling of land within
the extended bulkhead line.
3. That 81. Francis Hospital will construct no boat docks to replace the presently
existing dock.
We ask that the Resolution be rescinded for the following reasons:
1. The Resolution was a request to the Trustees of the Internal Improvement Trust Fund
("TIIF") to approve the bulkhead line referenced in the Resolution.
. MIAMI OFFICE .
MIAMI CENTER, 26TH FLOOR, 201 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA 33131-4336, TELEPHONE 3051536-1112, FACSIMILE 305/536.1116
. WEST PALM BEACH OFFICE' '.
COMEAU BUILDING, SUITE 1000,319 CLEMATIS STREET, WEST PALM BEACH, FLORIDA 33401, TELEPHONE 561/835-4200, FACSIMILE 561/835-1242
. TALLAHASSEE OFFICE'
403 EAST PARK AVENUE, TALLAHASSEE, FLORIDA 32301, TELEPHONE 850/205-0452, FACSIMILE 8501577-0022
JIll
.J
Gary Held, Esq.
January 14,2000
Page 2
2. Pursuant to Dedication No. 23589 (1429-13) ("Dedication"), recorded in Official
Records Book 11674, page 142, of the Public Records of Dade County Florida, TIIF
approved the bulkhead line and imposed the following restrictions:
a. That said lands shall be used only as a site for a vehicular parking lot under
supervision of and to serve St. Francis Hospital;
b. That no buildings or other structures will be constructed upon said land.
c. That in the event St. Francis Hospital or its successors shall fail to use said
land for said purpose and for a period ofthree consecutive years shall fail and
neglect to maintain and use the same for said purposes, or if the said land
shall be used for any purpose not herein specifically authorized, the
dedication herein made shall, at the option of said Trustees, be subject to
revocation upon sixty days notice in writing by the Trustees to said Hospital.
3. St. Francis Hospital conveyed the property described in the Resolution and
Dedication to 63rd Street Associates, Ltd. ("63rd Street"). 63rd Street requested TIIF
to release the above-listed restrictions on its property.
4. On May 11, 1999, TIIF approved release of the restrictions contained in the
Dedication upon final conveyance of the property to 63rd Street, thereby making the
Resolution moot.
I enclose copies of the Resolution, Dedication, TIIF Staff Report, and TIIF release of
restrictions for your reference. Please call with any questions or comments you may have.
Thank you for your cooperation.
Encl.
cc: Mr. Jorge Gomez (via facsimile)
Mr. Richard Lorber (via facsimile)
::ODMA \MHODMA \MIAMI;229222; I
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http://ci.miami-beach.fl. us
COMMISSION MEMORANDUM NO. 159--00
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy \~
City Manager ~
Murray H. DUbbi~, t 'All..' V
City Attorney ~ V'\ \(\VV^'.
Rescinding Resolution No. 1104L
A Resolution of the Mayor and City Commission of the City of Miami Beach
Rescinding Resolution No. 11041 Relating to the S1. Francis Hospital Site on
Allison Island, Entitled: "Resolution Locating and Fixing Bulkhead Line
Subject to Approval of Trustees of the Internal Improvement Fund of the
State of Florida" Dated August 21, 1963.
DATE: January 26, 2000
TO:
SUBJECT:
ADMINISTRA TION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution.
ANALYSIS
The owner ofthe S1. Francis Hospital site, 63 St. Associates, Ltd., whose principal is Craig Robins,
has requested that the City Commission rescind its prior Resolution No. 11 04L (attached as Exhibit
"1" to this memo), simultaneously with the Commission's approval of proposed rezoning and
amendments to the City's Land Development Regulations, to accommodate the proposed
redevelopment of that site from hospital to residential and accessory commercial uses.
City Resolution 11 04L, apparently adopted August 21, 1963, approved the creation of a bulkhead
line, subject to approval by the Trustees of the Internal Improvement Trust Fund ("TIITF"), in
anticipation of the filling of submerged lands owned by the State of Florida at the south end of
Allison Island. The resolution also imposed three conditions on the property:
1. That no structure will ever be constructed on any newly filled
land within such extended bulkhead line.
2. That the use by St. Francis Hospital of its property on Pine Tree
Drive for parking purposes will cease and determine upon the
completion of the filling of land within the extended bulkhead line.
AGENDAITEM~
DATE
1-2l.:s"oo
Commission Memorandum
January 26,2000
Rescinding Resolution No. 1104L
Page 2
3. That St. Francis Hospital will construct no boat docks to replace
the presently existing dock.
Subsequently, the TIITF adopted Dedication No. 23589 (attached as Exhibit "2" to this memo),
dedicating the lands to the then owners of the St. Francis Hospital site, subject to certain
restrictions. In anticipation of the redevelopment of the property from hospital to
residentiallcommercial uses, 63 St. Associates, Ltd. requested that the TIITF rescind its dedication
and restrictions. Copies of the State's staff report recommending rescission of the Dedication, and
an unexecuted form approval that will rescind the Dedication are attached respectively as Exhibits
"3" and "4." Counsel for 63 St. Associates, Ltd. advises that the TIITF approved the release of the
Dedication on May 11, 1999, and will provide an executed release simultaneously with its purchase
of the filled property from the State, which has not yet occurred.
Assuming the City Commission approves the companion requests for rezoning and amendments
to the City's Land Development Regulations for redevelopment of the St. Francis Hospital Site,
rescission of Resolution 11 04L is appropriate.
LAL\MH4G~!~ibt\grnh
T:\AGENDA \2000\JAN2600\REGULAR\SFRESCMM. WPD