HomeMy WebLinkAboutR-20-0309City of Miami
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Legislation
Resolution: R-20-0309
File Number: 7845
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/8/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE
NORTHERN SIDE OF NORTHWEST 28TH STREET WEST OF NORTH MIAMI
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING
APPROXIMATELY 500 SQUARE FEET; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA
STATUTES, IN FAVOR OF PRH NW 28, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL
DEDICATOR.
WHEREAS, PRH NW 28, LLC, a Florida limited liability company ("Owner'), is the owner
of the property located at 33 Northwest 28th Street ("Property") in the City of Miami ("City"); and
WHEREAS, on January 29, 1937, the City Commission adopted Ordinance No. 1682
designating a zoned right-of-way width of seventy feet (70') for Northwest 28 Street from North
Miami Avenue to the west City limits; and
WHEREAS, on October 10, 1985, the Owner's predecessor -in -interest executed a
warranty deed recorded in Book 12708, Page 268 of the Public Records of Miami -Dade County
("Warranty Deed") conveying a portion of the Property alongside Northwest 28th Street
("Conveyed Property") to the City, as more particularly described in Exhibit "A," attached and
incorporated, which was accepted by Resolution No. 86-0009 adopted January 9, 1986 by the
City Commission "for street widening purposes"; and
WHEREAS, on February 13, 1986, the City Commission adopted Ordinance No. 10077
reducing the zoned right-of-way width of Northwest 28th Street between North Miami Avenue
and Northwest 2nd Avenue from seventy feet (70') to fifty feet (50'); and
WHEREAS, Section 255.22(1), Florida Statutes, provides that for property conveyed to a
municipality or county prior to October 1, 1984, a municipality or county may reconvey such
property to an abutting owner making a demand for the same if such property was conveyed to
the municipality for a specific use, without receipt of valuable consideration, and the municipality
or county failed to use such property for such a purpose for a period of sixty (60) consecutive
months; and
WHEREAS, the City has not used the Conveyed Property for street widening purposes
or maintained the Conveyed Property for a period in excess of sixty (60) consecutive months;
and
WHEREAS, the Conveyed Property is no longer necessary for street widening purposes
as Northwest 28th Street abutting the Property is already dedicated to its full fifty -foot (50') width
City of Miami Page 1 of 2 File ID: 7845 (Revision:) Printed On: 111612020
File ID: 7845 Enactment Number: R-20-0309
required by Section 54-187 of the Code of the City of Miami, Florida, as amended ("City Code");
and
WHEREAS, the Owner desires to redevelop the Property and wishes to utilize the
Conveyed Property; and
WHEREAS, notwithstanding the usual requirement that vacations and closures of rights -
of -way be accomplished by the platting process described in Chapters 54 and 55 of the City
Code, State law, as described above, allows for such a conveyance as the Conveyed Property
was conveyed to the City by deed and not dedicated to the City by plat; and
WHEREAS, to the extent implicated by the Charter of the City of Miami, Florida, as
amended ("City Charter'), the Conveyed Property contains approximately five hundred (500)
square feet, is non -waterfront property, is non -buildable by itself, and is to be conveyed to an
abutting owner, thereby meeting the exceptions found in Section 29-B(f) of the City Charter; and
WHEREAS, the City Commission finds it in the best interest of the City to authorize the
conveyance of the Conveyed Property to the Owner in order to facilitate redevelopment and
divest the City of unnecessary right-of-way and unusable property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Conveyed Property, as more particularly described in Exhibit "A,"
attached and incorporated, containing approximately 500 square feet, is hereby vacated,
discontinued, and abandoned as public right-of-way.
Section 3. The City Manager is authorized' to negotiate and execute a quit claim deed,
in a form acceptable to the City Attorney, for the Conveyed Property, as more particularly
described in Exhibit 'A" attached and incorporated, pursuant to Section 255.22(1), Florida
Statutes, to the Owner or its successor -in -interest or assign(s).
Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Ci y Httor ey 9/17/2020
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 7845 (Revision:) Printed on: 111612020