HomeMy WebLinkAboutR-98-0634J-98-611
6/12/98
RESOLUTION NO. q ,Q - 634
A RESOLUTION, WITH ATTACHMENT, CONSENTING
TO
THE CONVEYANCE BY THE DEPARTMENT OF OFFSTREET
PARKING OF A STRIP OF LAND CONSISTING
OF
APPROXIMATELY 1,058 SQUARE FEET, LOCATED
WITHIN TRACT 3 OF RIVERSIDE PLAZA,
AS
RECORDED IN PLAT BOOK 139, PAGE 43, OF
THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR
USE AS RIGHT-OF-WAY IN CONNECTION WITH
THE
SOUTHWEST 2 AVENUE BRIDGE RECONSTRUCTION
PROJECT; AUTHORIZING THE CITY MANAGER
TO
EXECUTE A RELEASE, IN SUBSTANTIALLY
THE
ATTACHED FORM, IN FAVOR OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION, TO RELEASE
THE
CITY'S OPTION AND FIRST RIGHT OF REFUSAL
TO
PURCHASE SAID PORTION OF TRACT 3.
WHEREAS, the City has an option and a first right of refusal
to purchase Tract 3 of the Riverside Plaza from the Department of
Off -Street Parking, pursuant to a Notice of Option and Right of
First Refusal; and
WHEREAS, the Florida Department of Transportation ("FDOT")
needs a portion of Tract 3, consisting of approximately 1,058
square feet (the "Right -of Way Parcel") for right of way purposes
in connection with the construction of the Southwest 2 Avenue
Bridge Reconstruction Project (the "Project"); and
WHEREAS, DOSP has conveyed to FDOT title to the Right -of -Way
ATTAC.HMENT(S
lJONTAOHED
CITY COMMMON
MELTING OF
JUN 2 3 1998
N.
98- 694
Parcel, and both FDOT and DOSP now require the City to release
said parcel from the restrictions imposed by the Notice of Option
and Right of First Refusal; and
WHEREAS, the Project is in the best interest of the City;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The conveyance by the Department of Offstreet
Parking of a strip of land consisting of approximately 1,058
square feet located within Tract 3 of Riverside Plaza, as
recorded in Plat Book 139, Page 43, of the Public Records of Dade
County, Florida, to the Florida Department of Transportation, for
use as right-of-way in connection with the Southwest 2 Avenue
Bridge Reconstruction Project, is hereby approved.
Section 3. The City Manager is hereby authorized to
execute a Release, in substantially the attached form, in favor
of the Florida Department of Transportation, to release the
f 0 M
- 2 -
City's option and first right of refusal to purchase the above
described portion of Tract 3.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 23rd _ day of June
1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since ,he Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation rr:^_ j
becomes effective with the elapse often {10} days am the date o mmissic action
regarding same, without the Mayor a erois a v
ATTEST:
Wafter J. F Clerk
WALTER J. FOEMAN /
CITY CLERK,
TO
W2627:bss:csk:ORS
CORRECTNESS:
- 3 - 98-- 634
This instrument was prepared by
Olga Ramirez-Seijas, Esq.
City of Miami Attorney's Office
444 S.W. 2nd Avenue, 9`h Floor
Miami, Florida 33130
RELEASE
This Release is made this day of , 1998, by The City of Miami, a municipal
corporation of the State of Florida ("City"), in favor of the State of Florida Department of
Transportation ("FDOT").
WITNESSETH
Whereas, the Department of Off -Street Parking of the City of Miami ("DOSP") is the
owner of the real property legally described in Exhibit "A" hereto, and referred to herein as
"Tract 3"; and
Whereas, the City has an option to purchase, and a right of first refusal regarding Tract 3,
as evidenced by that certain Notice of Option and Right of First Refusal DOSP in favor of the
City, dated June 19, 1997, recorded in Official Records 17746, page 2743 of the Public Record
of Dade County, Florida (the "Option"); and
Whereas, DOSP has conveyed to FDOT, for right of way purposes, a portion of Tract 3,
as specifically legally described in Exhibit `B" hereto (the "Property"); and
Whereas, DOSP and FDOT have requested the City to release all of the City's right and
interest in and to the Property, under the Option.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the City of Miami does hereby release and discharge the Property from the
provisions and restrictions contained in the Option.
IN WITNESS WHEREOF, the City has signed and sealed these presents this _ day of
.1998.
Attest:
Walter Foeman, City Clerk
City of Miami, a municipal corporation
am
City Manager
98- 634
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of ,
1998, by , as City Manager of the City of Miami, a municipal
corporation, who is personally known to me or produced as
identification, and who did take an oath.
Print Name:
Notary Public
APPROVED AS TO FORM
AND CORRECTNESS:
Alejandro Vilarello, City Attorney
98- 634
RELEASE BY THE CITY OF MIAMI IN FAVOR
OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT A
Tract 3 of "Riverside Plaza" according to the Plat thereof, recorded
in Plat Book 139 at Page 43 of the Public Records of Dade County,
Florida (the "Property").
98- 634
RELEA,,E BY THE CITY OF MIAMI 1,. FAVOR
OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT B
PARCEL 121
PROJECT 87100-2611
That part of TRACT 3, RIVERSIDE PLAZA as recorded in Plat Book 139, Page 43, of the
Public Records of Dade County, Florida and being a portion of Section 37, Township 54 South,
Range 41 East.
More particularly described as follows:
BEGINNING at the Southeast corner of said TRACT 3; thence along the South boundary of said
TRACT 3, S 87042'40" W for 2.315 meters (7.60) feet); thence N 00030'14" W for 75.561 meters
(247.90 feet) to a point on the East boundary of the aforesaid TRACT 3 also being the Westerly
right-of-way line of S.W. 2°d Avenue, thence along said East boundary, S 02015'35" E for 75.525
meters (247.78 feet) to the POINT OF BEGINNING.
Containing 87.4 square meters (941 square feet), more or less.
Together with:
Commence at the Southeast corner of said TRACT 3; thence along the East boundary of said
TRACT 3 also being the Westerly right-of-way line of S.W. 2nd Avenue, N 02°15'35" W for
78.383 meters (257.16 feet) to the POINT OF BEGINNING; thence S 87044'25" W for 1.113
meters (3.65 feet); thence N 02015'35" W for 6.558 meters (21.52 feet) to a point of curvature;
thence Northerly and Northwesterly along the arc of a curve concave Southwesterly, having for
its elements a radius of 6.420 meters (21.06 feet), a central angle of 85°50'16", an arc length of
9.618 meters (31.56 feet), and a chord bearing and distance of N 45010'43" W for 8.744 meters
(28.69 feet) to a point on the aforesaid East boundary of TRACT 3, said point being on the arc of
a non -tangent curve (a radial line bears S 01 054'09" W to the center of said curve); thence along
said East boundary, Southeasterly along the arc of said curve concave Southwesterly, having for
its elements a radius of 7.620 meters (25.00 feet), a central angle of 85050'19", an arc length of
11.416 meters (37.45 feet), and a chord bearing and distance of S 45010'45" E for 10.378 meters
(34.05 feet); thence continuing along said East boundary S 02015'35" E for 5.361 meters (17.59
feet) to the POINT OF BEGINNING.
Containing 10.9 square meters (117 square feet), more or less.
The above described parcel contains a combined area of 98.3 square meters (1058 square feet),
more or less.
98` 634
CITY OF MIAMI, FLORIDA 17
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
AIR
FROM: loo/ntd H. Warsh w a
City Manager
RECOMMENDATION:
DATE: June 23, 1998 FILE:
SUBJECT: SW 2 Avenue Bridge
Reconstruction
REFERENCES: City Commission Meeting
June 23, 1998
ENCLOSURES:
The administration recommends that the City Commission adopt the attached Resolution
consenting to the conveyance by the Department of Offstreet Parking ("DOSP") of
approximately 1,058 square feet of real property located within Tract 3 of Riverside Plaza,
as recorded in Plat Book 139, Page 43, of the Public Records of Dade County, Florida, to the
Florida Department of Transportation ("FDOT"). These lands are required by FDOT for
use as right-of-way in connection with the Southwest 2 Avenue bridge reconstruction. This
Resolution further authorizes the City Manager to execute a release to FDOT, to release
the City's option and first right of refusal to purchase said portion of Tract 3.
BACKGROUND:
FDOT is finalizing plans for the construction and improvement of the Southwest 2 Avenue
bridge. In order to effectuate the bridge improvements, it is necessary for FDOT to acquire
approximately 1,058 s.f. of Tract 3 and approximately 15,087 s.f. of Tracts 1 and 2 of the
Riverside Plaza.
Tract 3 is currently owned by the Department of Offstreet Parking. In accordance with an
agreement dated June 17, 1997 between the City and DOSP, DOSP agreed not to sell Tract
3 to a third party for a period of ten years following the date of assignment without the
consent of the City, which consent may be withheld or conditioned in the City' sole
discretion. DOSP has agreed to convey to FDOT, at no cost, a sliver of land located along
SW 2 Avenue containing approximately 1,058 s.f. DOSP's conveyance is subject to the
City consenting to same.
Tracts 1 and 2 are presently owned by the City of Miami. The proposed bridge will have a
significant impact on these tracts. The City is currently negotiating the acquisition by
FDOT of the additional right-of-way needed for construction of the bridge. The conveyance
of lands from Tracts 1 and 2 for use as right-of-way will be presented to the City
Commission for its approval at the first meeting in July.
P-4. , 6
DHW:CMC:DB:LB:mFDOT DOSP
98- 634