R-1170-09 C
RESOLUTION NO. 11 7�9
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL,
APPROVING THE CONVEYANCE OF A CANAL RIGHT-OF-WAY
TO MIAMI-DADE COUNTY, IN SECTION 34,TOWNSHIP 52
SOUTH, RANGE 41 EAST, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami-Dade County has expressed an interest in the Village conveying a
canal right-of-way to them for the purpose of maintaining the canal waterway which runs
through the Village's Public Works complex; and,
WHEREAS, Pursuant to this interest and to memorialize the action taken by the Miami
Shores Village Council on June 5, 2007, Miami Shores Village is submitting a valid canal right-of-
way deed in favor of Miami—Dade County for the transfer of title to real property as described
in Exhibit A, attached herein and made a part hereof;
NOW,THEREFORE, BE IT RESOLVED BY THE MIAMI SHORES VILLAGE COUNCIL,
Section 1. That the Village Council approves a canal right-of-way deed from Miami
Shores Village conveying canal right-of-way to Miami-Dade County, in Section 34,Township 52
South, Range 41 East, in Miami-Dade County, Florida, a copy of which is attached hereto and
made a part hereof, and hereby authorizes execution of said canal right-of-way deed by the
Village Manager.
Section 2. That this Resolution shall become effective immediately upon its passage.
Passed and Adopted this 17th day of November, 2009.
ATTEST:
Alavis, Mayor
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
1
Vca6rS arafan,"Village Attorn
W.C. 854
1
RIGHT-OF-WAY DEED TO MIAMI-DADS COUNTY
CONVEYS THE TITLE FOR CANAL PURPOSES
BY CORPORATION
STATE OF FLORIDA, )
COUNTY OF MIAMI-DADE. )
THIS INDENTURE, made this 18 day of November , 20 09 , by and between Miami Shores Villa e, a
body corporate in the State of Florida, and whose principal address is 10050 N.E. 2 Avenue, Miami Shores,Florida 33138-
2304, party of the first part, and the County of Miami-Dade, a Political Subdivision of the State of Florida, whose address is
111 N.W. 1 Street,Miami, Florida 33128-1970,party of the second part;
WITNESSETH:
That the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00)to it in hand paid by
the party of the second part, receipt whereof is hereby acknowledged, and for other and further good and valuable
considerations, does hereby grant, bargain and sell to the party of the second part, and its successors in interest, for the
purpose of a public canal and purposes incidental thereto, including the right of the party of the second part to ownership
and disposal of all spoil material from said canal, the following described land, situate, lying and being in the County of
Miami-Dade, State of Florida, to-wit:
EXHIBIT "A"
It is the intention of the party of the first part by this instrument to convey to the said County, and its successors in
interest,the land above described for use as a public canal and for all purposes incidental thereto.
This instrument was prepared by:
Elie Mehu of
Dade County Environmental
Resources Management
33 S.W. 2nd Avenue,2nd Floor
Miami, Florida 33130
W.C. 854
2
It is expressly provided that if and when said canal shall be lawfully and permanently discontinued, the title to the
above described land shall immediately revert to the party of the first part, its successors and assigns, and they shall have the
right to immediately re-possess the same.
And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against
the lawful claims of all persons whomsoever,claiming by, through or under it.
IN WITNESS WHEREOF,the said party of the first part,has executed by its President or Vice-President, and has
caused the same to be attested by its Secretary or Assistant-Secretary, and its Corporate Seal hereon to be impressed, on this,
the day and year first above written.
Signed, Sealed,Attested and
delivered in our presence:
Witnesses: Miami Shores Village
Corporate Name
/?
Sign � l-x---- Sign
Print Print Tom Benton
Sign _ `� Title Village Manager
Print Address 10050 N.E. 2nd Avenue
Miami Shores, FL 33138
W.C. 854
3
STATE OF.F1.0f)..lo,a)
COUNTY OF n 4-)
e-
The foregoing instrument was acknowledged before me this day of _W0QeM6( 2001, by
T®ON , who is personally known to me or who has produced as
identification and did take an oath.
NOTARY PUBLIC:
//�� r py.
Sign lo( • v o��`�p�, Nctary m
Public atate of Flo
Bamara N Csto,, .
F., - My Commission OD510584 ca:.
Print �OF Ivo- Expires 03/251'`010 t .gid
State of Florida at Large Seal '
My Commission Expires: � 2 �> .. . �>, e
EXHIBIT W
LEGAL DESCRIPTION OF PROPOSED CANAL RIGHT OF WAY
The northwesterly 75.00 feet of the following described parcel of land being a Village
of Miami Shores property, lying and located in Miami-Dade County, Florida:
-Commeneft at•the-southeast-mmer-of&&Cffo -,3 ,-Tciwhghjp52.'.S&oijh, Range 41 east;`thence
South 87 degrees 15 minutes 55 seconds West, along the south line of said Section 34, for a
distance of 63.88 feet; thence North 02 degrees 44 minutes 05 seconds West for 50.00.feet to the
.point of.intersection-with the-north right-of ,wvay-line of NW. 103 Street and the point of beginning
of the herein described parcel of land; thence South 87 degrees 15 minutes 55 seconds West for
408.85 feet to the easterly line of a perpetual easement according to Deed Book 4366, at page 52
(FF-176114) of the Public Records of Miami-Dade County, Florida; thence North 28 degrees 07
minutes 01 seconds West along the easterly line of said perpetual easement, for 755.38 feet;
thence North 40 degrees 20 minutes 59 seconds West along the northeasterly line of the
aforesaid perpetual easement, for 283.38 feet to the point of intersection with the easterly line of
Lot 6, Block 2 of LITTLE RIVER TRACTS according to the plat thereof recorded in Plat gook 44 at
Page 38 of the Public Records Book of Miami-Dade County, Florida; thence North 38 degrees 40
minutes 20 seconds East, for 479.98 feet along said easterly line of Lot 6, Block 2 to the northwest
comer of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of said Section
34, Township 52 South, Range 41 East; thence North 87 degrees 44 minutes 20 seconds East
along the north line of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of
said Section 34, for a distance of 581.76 feet to the point of intersection with a line parallel with
and 90.00 feet west of, as measured at right angle to the east line of Section 34; thence South 01
degrees 52.minutes 25 seconds East along the aforementioned line for a distance of 25.00 feet to
the point of.intersection with the south right-of-way of N.W. 107 Street;-thence North 87 degrees
44 minutes 20 seconds East along said south right-of-way, for 24.83 feet to the point of curvature
of a curve concave to the southwest, having a radius of 25.00feet, a central angle of 90 degrees
23 minutes 15 seconds and an arc length of 39.44 feet to a point of tangency being the
intersection point with a line parallel with and 40.00 feet west of, as measured a right angle to the
east line of Section 34, said line being the west right-of-way of N.W. 17 Avenue; thence South 01
degrees 52 minutes 25 seconds East along said west right-of-way line, for 1187.06 feet to the
point of curvature of a curve concave to the northwest, having a radius of 25.00 feet, a central
angle of 89 degrees 08 minutes 20 seconds and an arc length of 38.89 feet to a point of tangency
with the northerly right-of-way line of N.W. 103 Street, also being the point of beginning of the
herewith described parcel of land.
Said portion of land to be used by Miami-Dade County as canal right-of-way, can also be
described as follows:
Beginning at the northwest comer of the Northeast Quarter of the Southeast Quarter of the
Southeast Quarter of Section 34, Township 52 South, Range 41 East; thence North 87 degrees
44 minutes 20 seconds East, along the north line of said Northeast Quarter of the Southeast
Quarter of the Southeast Quarter of said Section 34 for 99.28 feet; thence South 38 degrees 40
minutes 20 seconds West for 559.58 feet to a point of intersection with the northeasterly line of a
perpetual canal easement according to Deed Book 4366 at Page 52 (FF-176114) of the Public
Records of Miami-Dade County, Florida; thence North 40 degrees 20 minutes 59 seconds West
along said northeasterly line of that perpetual easement for 76.40 feet to a point on the easterly
line of Lot 6, Block 2 of LITTLE RIVER TRACT, according to a plat recorded in Plat Book 44 at
Page 38 of the Public Records of Miami-Dade County, Florida; thence North 38 degrees 40
minutes 20 seconds East for 479.98 feet along the easterly line of said Lot 6 to the point of
beginning.
Containing 0.895 acres or 38,984 square feet, more or less.
All bearings are based on the south line of the Southeast Quarter of said Section 34, Township 52
South, Range 41 East, being South 87 degrees 15 minutes 55 seconds West, assumed.
EXHIBIT 'B'
SKETCH OF LEGAL D"'HIPTION
i
- - - - - - - - - - - - - - _
N.W. 107ST.
- - - - - - - - - - - - - - - - - - - - - - - -- ---
- - - - - - - - - -- ___.__ 99.28••
•• / 5.26'
��• 23.80'
/ �h.• 18.36' I
LITTLE RIVER TRACTS / ••• 19.48'
(44-38) / �Q •. / 7.98• ;
/ ��A, •♦ / 6.42'
�O)' �Q� •• �q7 6.64'
V� �•• ��/
i ••rl,) • 4.73'
A,
���� �Q7 �� .•• �/ `27.31'
Op ••••
a.1o•
�• 00 VILLAGE OF
\ ••• •••
lb MIAMI MIAMI SHORES
• ��/ PROPERTY
\ •♦. OO ••� -21.72'
• ♦6 ♦•� 16.65' FOLD PROPOSED CANAL RIGHT OF WAY
O
7..44 3'
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SEC.34
•O TWP.52
RGE.41
�\ J ------ SLOPE TOP OF BANK
��\ ^ PROPOSED CANAL R/W
\ `SIJ TO BE ACQUIRED
NOTE: SKETCH SCALE AS SHOWN
2000-EXMBIT B U x t I VM C4