HomeMy WebLinkAboutR-21-0306City of Miami
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Resolution: R-21-0306
File Number: 9189
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/22/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE
NORTHERN SIDE OF NORTHWEST 35TH STREET BETWEEN NORTHWEST
3RD AVENUE AND NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, CONTAINING APPROXIMATELY THREE HUNDRED
NINETY SEVEN (397) 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 N&H PROPERTY INVESTMENTS, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE
ORIGINAL DEDICATOR.
WHEREAS, N&H Property Investments, LLC ("Owner') is the owner of the property
located at 403 Northwest 35th Street ("Property") in the City of Miami ("City"); and
WHEREAS, on December 15, 1956, the Owner's predecessor -in -interest executed a
warranty deed recorded in Deed Book 13, Page 277 and Official Records Book 2896, Page 422
of Miami -Dade County ("Warranty Deed") conveying a portion of the Property alongside
Northwest 35th Street ("Conveyed Property") to the City, as more particularly described in
Exhibit 'A" attached and incorporated, which was accepted by the City Commission "for street
widening purposes" pursuant to Resolution No. 33038 adopted September 20, 1961; 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 not necessary for street widening purposes as
Northwest 35th 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
City of Miami Page 1 of 2 File ID: 9189 (Revision:) Printed On: 81312021
File ID: 9189 Enactment Number: R-21-0306
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 three hundred ninety
seven (397) square feet, abuts Northwest 35th Street, 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 three hundred ninety seven (397) square
feet is hereby vacated, discontinued, and abandoned as public right-of-way.
Section 3. The City Manager is authorized' to 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 and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ft6ria i ndez, CiFy Attor iey 7/1312021
' 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.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 9189 (Revision:) Printed on: 8/3/2021