HomeMy WebLinkAboutR-01-0418J-01-379
5/01/01 01- 418
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO ENGAGE
COUNSEL TO RENDER LEGAL SERVICES CONCERNING
TITLE ISSUES RELATED TO WATSON ISLAND; AND
ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED
$25,000, FROM CAPITAL IMPROVEMENT PROJECT
NO. 344102.
BE IT RRSOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney is authorized to engage
counsel to render legal services concerning title issues related
to Watson Island, with funds allocated, in an amount not to
exceed $25,000, from Capital Improvement Project No. 344102.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.}
�i If the Mayor does not sign this Revolution, it shall become effective
at the end of ten 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,
c
mmmo Cr
MAY 10 2001
Aeswa as alp.
01- 418
•
PASSED AND ADOPTED this 10th day of May , 2001.
JOB CAROLLO, MAYOR
In 0000rdmrww wkh Mleml Code Seo. W slnce the Mayor did not Indle to appmvr_t of
'is Legislation by v"hg it in the designated place p ed, said legislat:. ;
uocomes offectivve with the elapse of ten (10) du rom dat75t
s,u,
ATTEST: �rdn9 same, without the Mayor exam^ a 10-P _
J.
WALTER J. FOEMAN, CITY CLERK
APPROVED AS =FORM AUVOCORRECTNESS%
Page 2 of 2 8 l m 418
i
CITY OF MIAMI. FLORIDA =I 8
INTER -OFFICE MEMORANDUM
To The Honorable Mayor and Members DATE MAY - 3 401 FILE
of the City Commission �- SUBJECT
Authorizing Engagement of Legal
` Services
FFKW �t-C los . Gimenez REFERENCES
City Manager
ENCLOSURIES-
10 •
The administration recommends that the City Commission adopt the attached resolution
authorizing the City Attorney to engage counsel to render legal services concerning title issues
related to Watson Island in an amount not to exceed $25,000. Funds are available in Capital
Improvement Project No. 344102.
On April 23, 2001, the Law Department completed its review of a title search report procured in
connection with the request for proposal issued for a megayacht facility and issued a
memorandum stating it appears title is in the City's name as set forth in the documentary
evidence of ownership as described in the title search report prepared by Attorneys' Title
Insurance Fund, Inc. A copy of this memorandum is attached for reference.
It is recommended at this time that the City obtain an opinion of title which is typical for real
estate transactions of this nature.
`�A : &.Watson Title
01- 418
• CITY OF MIAMI •
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Linda Haskins, Director
Department of Management and Budget
FROM: Maria J. Chiarot
Assistant City Attorney
DATE: May 2, 2001
RE: Financial review and approval for City Commission Meeting — May 10, 2001.
Engage Counsel — Title issues related to Watson Island Q-01-379)
Attached is a copy of a resolution which is being placed on the City Commission Agenda
for the meeting of May 10, 2001. If approved, the City Attorney will be authorized to engage
Counsel to render legal services concerning title issues related to Watson Island, in an amount
not to exceed $25,000.
Funds for the compensation increase are available from Capital Improvement Project
No. 344102.
Please indicate your review and approval below prior to the request being presented to the
City Commission and return this original memorandum to Beverly Solomon, Administrative
Assistant 11.
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT AND BUDGET:
t 2.,
LINDA SKINS
DIRECTOR
.. AL:
W559:BSS
�a
e: Carlos A. Gimenez, City Manager uro .�.....
Elvi Alonso, Agenda Coordinator
01- 418
• CITY OF MIAMI is
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Laura Billberry, Director
Office of Asset Managem
FROM: Alejandro VilareIlo, ttorney/J -
DATE: April 23, 2001
RE: Title Issues Re ding Old MacArthur Causeway
(Our File No -0100188)
Title Issu egarding Old A 1 A
(Our File No. A-0100192)
Title Issues Regarding Watson Island
(Our File No. A-0100021)
Pursuant to your request for a review of title issues with regard to the outstanding RFP
and the request for review of title issues relating to Old MacArthur Causeway and Old AIA, also
known as "Abandoned Road," please be advised as follows:
I. Easements in Old A 1 A/Old MacArthur Causeway:
The two issues presented are essentially identical. The answers are as follows:
As to question number 1: 'The entire 100 -foot width of Old AIA
(Old MacArthur Causeway) is considered right of way. The 1953
right-of-way map from the State of Florida shows a 100 -foot width.
No other document in the amended title report received by this
office on March 9, 2001, reflects a reduction or other variation in
the width to this right-of-way.
2. As to question number 2: The amended title report received by this
office on March 9, 2001 shows two recorded instruments [the
Agreement for Water Facilities between Metropolitan Dade County
and the Citv of Miami dated March 4, 1998 (OR Book 18016, Page
No. 2892) as to the Watson Island Fire Line Extension, and the
Agreement for Sanitary Sewage Facilities between Miami Dade
County and the City of Miami dated April 12, 1998, (OR 18058,
Page 0112)) which provide authority for grants of easements to
Miami -Dade Water and Sewer Department for utilities to be
located, at least in part, in the Old AIA/Old MacArthur Causeway
(a/k/a abandoned roadway).
Subject to those utilities with existing lines in the right of way and
to easements granted pursuant to the above described documents,
01- 418
Laura Billberry, Director
April 23, 2001
Page 2
and to other existing easements recorded or unrecorded, if any, the
City has the right to preclude any additional use or expansion of
utilities in the road way.
As to question number 3: City of Miami has jurisdiction over the
right of way pursuant to the Quit Claim Deed from Miami -Dade
County to the City (Deed Book 3970, Page 173).
4. As to question number 4: Section 55-15 of the City of Miami City
Code governs vacation of rights of way. This section provides that
such vacation can only be achieved through the platting procedure
as set forth in section 55-7. The Code further provides that the City
Commission, after a public hearing, shall determine whether the
closure is "appropriate" — that is, whether the proposed closure is
in the public interest, after receiving recommendations from the
Zoning Board and the Plat and Street Committee. [Section 55-
15(h)I
13. Title: Northwest Quadrant:
Regarding review of title to the northwest quadrant, subject to those exceptions
set forth in the amended title report (Fund File Number: 01-00-26848), it appears title is
deraigned in the City as set forth in the muniments of title described therein.
Notwithstanding the conclusions of our review, it is our recommendation that the
City seriously consider obtaining an opinion of title from an attorney specializing in
complex, riparian, and littoral title work and that such opinion be accompanied by title
insurance protecting the City's interest in any proposed development.
The scope of services for this specialist should include;
a. Evaluate all instruments, plats and documents furnished by the Office of
Asset Management;
b. Verify the status of corporations and limited partnerships;
C. Determine if any unpaid taxes or assessments exist; .
d. Evaluate if riparian or littoral rights exist;
e. Determine whether there are any Federal liens filed in the office of the
Secretary of State;
JHV:eh:Assign: Watson:Mem-Billberry AI A-OIdMcArth
IIIIIIIii e
01- 418
Laura Bil mye Director
April 23, 2001
Page 3
f. Analyze the claims of any parties claiming ownership of or a portion of the
northwest quadrant by way of adverse possession or other unrecorded
claim of right;
g, Analyze the effect of the Biscayne Bay Management Plan for Metropolitan
Dade County (Official Records Book 11114, Page 822) on the proposed
use of Watson Island and the surrounding submerged lands.
The expense of such work will likely exceed the authority of this office and will
require Commission approval. Please advise if you wish me to proceed to contract for
this work.
JHV:oh:Assip:wauwn.Mem-Billberry AIA•OI WAW 01 w ' 418