HomeMy WebLinkAboutR-02-0083J-02-039
01/16/02
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RESOLUTION NO.�
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING THE SALE OF A
CITY -OWNED PARCEL OF REAL PROPERTY, AS MORE
PARTICULARLY DESCRIBED IN THE ATTACHED
"EXHIBIT A" (THE "PROPERTY"), TO ATLANTIC
PROPERTIES ASSOCIATES LIMITED PARTNERSHIP, A
MARYLAND LIMITED PARTNERSHIP, ("ATLANTIC"),
FOR THE SUM OF $1,000.00 SUBJECT TO APPROVAL
AND RECORDATION OF THE FINAL PLAT OF BANYAN
BAY APARTMENTS REPLAT AND TO OTHER
CONDITIONS; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FOLLOWING DOCUMENTS: (A) A
QUIT CLAIM DEED IN SUBSTANTIALLY THE FORM
ATTACHED AS "EXHIBIT B", CONVEYING THE
PROPERTY FROM THE CITY OF MIAMI TO ATLANTIC,
AND (B) OWNERS AFFIDAVIT IN SUBSTANTIALLY THE
FORM ATTACHED AS "EXHIBIT C."
WHEREAS, on December 19, 2001, Atlantic Properties
Associates Limited Partnership, a Maryland Limited Partnership
("Atlantic"), made an offer to the City of Miami ("City") of
$1,000.00 to acquire a five-foot strip of land owned by the City,
as more particularly described in the attached and incorporated
"Exhibit A", ("Property") lying adjacent to property owned by
Atlantic, known as the Banyan Bay Apartments, located at 703
Northeast 63rd Street, Miami, Florida; and
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WHEREAS, on November 6, 2001, the electorate of the City of
Miami approved an amendment to Section 29-B of the Charter of the
City of Miami to create an exception from City requirements for
competitive bidding for disposition of non -waterfront City -owned
property to an adjacent property owner when the subject property
is 7,500 square feet or less, or the subject non -waterfront
property is non -buildable; and
WHEREAS, the area contained in the Property is non -
waterfront, is not in excess of 7,500 square feet, is non -
buildable, and its conveyance to Atlantic would assist in
providing for the orderly assemblage of land by Atlantic in
connection with the proposed Banyan Bay Apartment Replat
("Plat"); and
WHEREAS, the City administration recommends, subject to the
approval and recordation of the Plat and payment by Atlantic of
all costs, expenses and fees of the closing and of all charges
upon the Property now existing and as may be imposed in the
future, that the Property be sold to Atlantic, as it is in the
best interest of the City that the Property be consolidated with
the adjacent Atlantic -owned property and placed on the tax rolls;
and
WHEREAS, the City Commission, in reliance on the foregoing
and certain other conditions, finds it is in the best interest of
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02- 83
the City of Miami and its residents to convey the Property to
Atlantic as set forth above, subject to certain conditions which
require approval and recordation of the Plat and assure that the
Property will be placed on the tax rolls, and that the City will
be protected from any liability or costs of any nature whatsoever
with respect to the Property and its sale to Atlantic;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble of this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The sale of a city -owned parcel of real
property, as more particularly described in the attached "Exhibit
A" (the "Property"), to Atlantic, for the sum of $1,000.00,
subject to approval and recordation of the final plat of Banyan
Bay Apartments Replat and to other conditions, is approved.
Section 3. Authorizing the City Manager to execute the
following documents: (a) a Quit Claim Deed in substantially the
form attached as "Exhibit B", conveying the property from the
City of Miami to Atlantic, and (b) Owners Affidavit in
substantially the form attached as "Exhibit C."
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Section 4. The City of Miami does not warrant the
sufficiency of its title nor any interest it may have in the
Property, nor does it make any covenant whatsoever as to the
Property, which is being conveyed to Atlantic "AS IS" and "WHERE
IS" and which Property, Atlantic accepts "AS IS" and "WHERE IS."
Section 5. Atlantic shall record said "Exhibit B" at its
expense, and furnish the City Attorney and City Clerk with a duly
certified and recorded copy thereof, within a reasonable time
after the adoption of this Resolution and approval and
recordation of the final plat of Banyan Bay Apartments Replat.
Section 6. Atlantic shall pay any and all expenses
existing at this time and incurred in the future relating to the
Property, including but not limited to all costs involved in the
conveyance of title, all recording fees, documentary stamp taxes
and any other fees, taxes or charges upon the Property, as may
exist at this time and from this day forth in the future.
Section 7. This resolution is not intended to alter nor
abridge any agreements between the parties nor any other
requirements imposed on Atlantic by the City.
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Section S. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor!l .
PASSED AND ADOPTED this 24th day of January , 2002.
MANUEL A. DIAZ; YOR
ATTEST:
WALTAR J. FOEMAN
CITq CLERK
APPROVZO ASr TQ,#PORM AND CORRECTNESS:
VILARELLO
NEY
W 5 915: CMM : cid
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the dare 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.
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EXHIBIT "A"
The Forth 5.00 feet of the following described Lots: The East 1/2 of Lot 23, Loi 25, Lot 27, and
the West 1/2 of Lot 29, of "FALLESEN PARK", according to the Plat thereof, as recorded in
Plat Hoolc 4, at Page 19 of the Public Records of Maimi-Dade County, Florida, together with any
reversionary interest in that certain right of way located adjacent to The fol going *prop erty and
known as NE 634 Street.
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323060_1.DOC
323060_1.DOC
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"EXHIBIT B"
THE CITY OF MIAMI
COUNTY OF MIAMI-DADE, STATE OF FLORIDA
THIS QUITCLAIM DEED, made this day of , 2001, by and
between the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -
Dade, of the first part, as grantor, and Atlantic Properties Associates Limited Partnership, a Maryland
limited partnership, of the second part, as grantee (the word "grantee" meaning either singular or plural and
including the heirs, assigns, personal representatives and successors thereof, where the context so
requires or admit(s);
WITNESSETH; That the grantor, for and in consideration of the sum of One Dollar ($1.00)
paid by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has
remised, released, and quitclaimed, and by these presents does remise, release and quitclaim unto the
said grantee, all the right, title, interest, claim and demand which the grantor has in and to the following
described land, situate, lying and being in the County of Miami -Dade, State of Florida, to -wit:
See attached Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title interest and claim whatsoever of the said
grantor, either at law or in equity, to the only proper use and benefit of the said grantee forever.
IN WITNESS WHEREOF, the City of Miami, Florida, a municipal corporation of the State of Florida,
has caused this instrument to be executed in its name and its corporate seal to be affixed hereto, by it City
Manager and it City Clerk, both thereunto duly authorized this of , 2001.
Signed, sealed and delivered
in the presence of:
Witness to Signatures
Print Name
The City of Miami, Florida
a Florida municipal corporation
By:
Carlos A. Gimenez
City Manager
Walter J. Foeman,
As City Clerk
Print Address: City, State and Zip Code Corporate Seal
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C:IMyDireclory\MEMO-RFS - ROW -BANYAN BAY APTS REPLAT.doc
Witness to Signatures
Print Name
Print Address: City, State and Zip Code
State of Florida )
County of Miami -Dade)
I hereby certify that on this day personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgements, Carlos A. Gimenez and Walter J. Foeman, City Manager
and City Clerk respectively of the City of Miami, Florida, a municipal corporation of the State of Florida, who
are personally known to me and who executed the foregoing instrument and acknowledged the execution
thereof to be their free act and deed as such officers of the purposes therein expressed and who did take
an oath.
Witness my hand and seal this day of
Signature of Person Taking Acknowledgemen
Printed Name of Acknowledger
Notary Public, State of
Serial Number: (is any)
My Commission Expires:
This instrument is
executed pursuant to
Resolution No.
Approved as to Description
John H. Jackson
Director of Public Works
2001.
C:WyBiredory\MEMO-RES - ROW -BANYAN BAY APTS REPLAT.doc 02— 8 3
Approved as to Form
and Correctness:
Alejandro Vilarello
City Attorney
Assistant City Attorney
This instrument Prepared by
Alejandro Vilarello, City Attorney
Department of Law
City of Miami, Florida
Return to Department of Public Works
444 SW 2 Avenue, 8t' Floor
Miami, Florida 33130
C:1MyDirectoryWEM0-RES - ROW -BANYAN BAY AnS REPLAT.doc 02— 8 3
"EXHIBIT C"
OWNER'S AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared, CARL,OS A. GIMENEZ,
as City Manager of the City of Miami, (hereinafter referred to as "Affiant") who deposes and says
as follows:
1, Affiant is the City Manager of the City of Miami, (the "Seller"), a municipal
corporation of the State of Florida. The Seller is the owner of the real property situated in the
City of Miami, County of Miami -Dade, State of Florida, more particularly described as follows:
(the "Property"):
See Exhibit "A"
2, Affiant will not execute any instrument that would adversely affect the title to the
Property from date of execution of the Quit Claim Deed for sale of the Property to Atlantic
Properties Associates Limited Partnership through date of recording.
3. Affiant further states that he is familiar with the nature of an oath, and with the
penalties provided by the law of the State of Florida for falsely swearing to the statements made
in an instrument of this nature.
FURTHER AFFIAN`f SAYETH NAUGHT.
Attest:
By:
City Clerk
Approved as to Form and Correctness:
Alejandro Vilarello, City Attorney
STATE OF FLORIDA }
) SS:
COUNTY OF MIAMI-DADE )
CITY OF MIAMI, a municipal
Corporation of the State of Florida
By:
Carlos A. Gimenez, City Manager
SWORN TO AND SUBSCRIBED before me this day of _,2002
by Carlos A. Gimenez as CityNana er of CITY OF MIAMI, a municipal corporation of the State
of Florida, who is personally known to ane or who has produced
as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
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0
CITY OF MIAMI, FLORIDA
I
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members JAN' 17 2002
TO: of the City Commission DATE: FIFE :
Sale 5, 9"ia—ity-owned
SUBJECT: Property Adjacent to
703 N.E. 63rdStreet, Miami, Fl.
FROM Carlos A. Gimenez REFERENCES : Resolution, Deed & Owners' Affidavit
City Manager
ENCLOSURES:
RECOMMENDATION:
The administration recommends that the City Commission adopt the attached Resolution
approving the sale of a City -owned real property, as more particularly described in Exhibit "A"
attached hereto and made a part hereof (the "Property"), to Atlantic Properties Associates, Ltd., a
Maryland Limited Partnership ("Atlantic"), for the sum of One Thousand Dollars ($1,000.00)
subject to approval and recordation of the final plat of Banyan Bay Apartments replat and to
other conditions. The Resolution also authorizes the City Manager to execute the following
documents: (a) a quit claim deed in substantially the form attached as "Exhibit B", conveying the
property from the City of Miami to Atlantic, and (b) owners affidavit in substantially the form
attached as "Exhibit C."
BACKGROUND:
On December 19, 2001, Atlantic Properties Associates Limited Partnership, a Maryland Limited
Partnership ("Atlantic"), made an offer to the City of Miami ("City") of $1,000.00 to acquire a five-
foot strip of land owned by the City of Miami, as more particularly described in the attached and
incorporated "Exhibit A", ("Property") lying adjacent to property owned by Atlantic, known as the
Banyan Bay Apartments, located at 703 Northeast 63rd Street, Miami, Florida.
On November 6, 2001, the electorate of the City of Miami approved an amendment to Section 29-B
of the Charter of the City df Miami to create an exception from City requirements for competitive
bidding for disposition of non -waterfront City -owned property to an adjacent property owner when
the subject property is 7,500 square feet or less, or the subject non -waterfront property is non -
buildable.
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Page -2-
Re: Sale of 5' Strip of City-owned Property
Adjacent to 703 N.E. 63rd Street, Miami, Fl.
The area contained in the Property is not in excess of 7,500 square feet, is non-buildable, is
non-waterfront, and its conveyance to Atlantic would assist in providing for the orderly
assemblage of land by Atlantic in connection with the proposed Banyan Bay Apartment
Replat (Plat").
The City administration recommends, subject to the approval and recordation of the Plat
and payment by Atlantic of all costs, expenses and fees of the closing and of all charges
upon the Property now existing and as may be imposed in the future, that the Property be
sold to Atlantic, as it is in the best interest of the City that the Property be consolidated
with the adjacent Atlantic-owned property and placed on the tax rolls.
CAG:DBImvMemoBanyan.doe
02- 83