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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7845 Date: 09/08/2020 Commission Meeting Date: 10/08/2020 Type: Resolution Subject: Accept - Quick Claim Deed Purpose of Item: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 5 A Resolution, pursuant to Section 255.22 of Florida Statutes, to vacate, discontinue, and abandon a portion of the northern side of Northwest 28th Street west of North Miami Avenue, more particularly described in Exhibit A, containing approximately 500 square feet, more or less; and quit claiming said parcel of land, pursuant to Section 255.22 Florida Statutes, to the successor in interest of the original dedicator, Romart Corporation, a Florida Corporation, and authorizing and directing the City Manager to execute a quit claim deed, in a form acceptable to the City Attorney, in favor of PRH NW 28, LLC, a Florida Limited Liability company. Background of Item: Pursuant to Section 255.22, Florida Statutes a municipality may deliver a quitclaim deed to an adjoining property owner, or their successor, when land that was conveyed to the municipality by the adjoining property owner was not used for that specific purpose for over sixty (60) consecutive months or the proposed use was not identified in a comprehensive plan or other public facilities plan during the same period. In this matter, the subject property sought to be reconveyed was initially conveyed to the City on October 10, 1985 through execution of warranty deed as recorded in Official Records Book 12708, Page 268 of Miami -Dade County, for the specific purpose of usage for street and/or sidewalk. The City has not constructed the improvements contemplated in the Warranty Deed or maintained the conveyed property in a period in excess of sixty months. The conveyed property is not necessary for road widening purposes. The current owner, as successor of the original dedicator, is developing the property and planning to utilize the conveyed property. The conveyed property is not buildable by itself and is not a waterfront property. Notwithstanding the platting requirements for vacation and closure of right of way of Chapter 55 of the City Code, the Florida Statutes allows the adjoining owner to demand a reconveyance of the unused portion of the property, which was conveyed by deed, and was not dedicated by plat, to be reconveyed. The City can issue a quitclaim deed to accomplish the reconveyance in order to facilitate the re -development, divest the City of un-necessary right of way and un-useable property. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Resilience and Public Works Review Completed 09/08/2020 12:31 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Daniel Goldberg Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the City Clerk City Clerk's Office Alan M. Dodd Department Head Budget Analyst Review Completed 09/10/2020 10:21 AM Budget Review Completed 09/13/2020 8:04 AM Assistant City Manager Review Completed 09/15/2020 11:02 AM City Manager Review Completed 09/15/2020 12:10 PM Legislative Division Review Completed 09/16/2020 9:27 AM ACA Review Completed 09/16/2020 10:25 AM Deputy City Attorney Review Completed 09/16/2020 10:31 AM Approved Form and Correctness Completed 09/17/2020 10:48 AM Meeting Completed 10/08/2020 9:00 AM Rendered Completed 10/13/2020 4:25 PM �tzY,°v City of Miami City Hall " * `IIL111 IIATtA k ' „ 11 Legislation 3500 Pan American Drive Miami, FL 33133 r R % www.miamigov.com Resolution Enactment Number: R-20-0309 File Number: 7845 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 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 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 . \�J tAfr--�r��, ��� i ria i "ndez, i y Httor ey 9/1712020 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.