HomeMy WebLinkAboutR-93-0647J-93-688
10/6/93
93- 647
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WHEREAS, a request has been made to vacate, discontinue and abandon the
east eighteen (18) feet of Lot 8, granted to the City of Miami. in 1959 as
recorded in O.R. Book 1729, at Page 38 of the Public Records of Dade County,
Florida; and
WHEREAS, said east eighteen (18) feet of Lot 8 which lies within Block 1
of "Amended Plat of Flagler Terrace", according to the plat thereof, as
recorded in Plat Book 38, at Page 80 of the Public Records of Dade County,
Florida, is not being utilized by the City of Miami for public right-of-way
purposes; and
Wf�RE'AS, all utility companies have been contacted and have expressed no
objection to the vacating, discontinuing and abandoning of the said eighteen
(18) feet of Lot 8; and
CITY COMiMSION
MEETING OF,
0 CT 14 1993
Resolution Na
93- 617
WHEREAS, the sidewalk and pavement within the east eighteen (18) feet of
Lot 8 has been relocated to within the zoned right of way of Southwest 68
Avenue and the east eighteen (18) feet of Lot 8 is no longer necessary for
public right-of-way purposes; and
WHEREAS, it has been determined that it would not be detrimental to the
interest of the City of Miami to reli'gui sh the aforesaid east eighteen (18)
feet of Lot 8, and any refusal to do so would prevent the successor in
interest of the dedicator from utilizing the property for its highest and best
use;
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 City of Miami does hereby release, to the benefit of the
successor in interest of the dedicator, OWA RIM, an unmarried widow, any
right, title or interest it has, if any, to the east eighteen (18) feet of Lot
8, Block 1, "Amended Plat of Flagler Terrace", according to the plat thereof,
as recorded in Plat Book 38, at Page 80, of the Public Records of Dade County,
Florida and recorded in O.R. Book 1729, at Page 38 of the Public Records of
Dade County, Florida, and further, does hereby abandon any interest it may
have in such land by virtue of a deed from the dedicator, Norman Bruce Brown,
Post Rt. 174, Jewish War Veterans of the United States of America to the City
of Miami., Florida, dated October 8, 1959 and recorded. in O.R. Book 1729, at
Page 38 of the Public Records of Dade County, Florida, subject to said
successor in interest providing evidence to the City, in a form acceptable to
the City Attorney, that the reversionary rights over the said parcel of land
flow from the dedicator to the successor in interest.
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Section 3. The City Manager is hereby
authorizedand directed to
execute a quit claim deed, in a form aoceptabl.e to the City Attorney, for the
aforesaid east eighteen (18) feet of Lot 8,
Block 1, as "Amended Plat of
Flagler Terrace", in favor of Olga R3.ano .
Section 4. This Resolution shall become
effective immediately upon its
adoption.
PASSED AND ADOPTED this 14th day of October , 1993.
XAVIER AREZ, MAYOR
ATTEST
NATTY M AI, CITY C10 K
SUBMITTED BY:
l�L!
WALDEMAR E. LEE
DIRBK.'TOR OF PUBLIC WORKS
I
i
i LBGAL REVIEW BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. II
CITY ATTORNEt/
IMA: fps: csk: B3881
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
- 3 - 93- 647
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To . Honorable Mayor and Members DATE OCT Q Uir- 1993 FILE
of the City Commission
SUBJECT : Return of Vacated
Right Of Way to Abutting
Property Owner
FROM
e . �Od I o
It 4nager
RECOMMENDATION:
REFERENCES:
ENCLOSURES: Reso l ut Ion, Location Map,
Ms. Rlano's Letter
It is respectfully recommended that the City Commission adopt the
attached Resolution vacating, discontinuing and abandoning the
east eighteen (18) feet of Lot 8, Block 1, Amended Plat of
Fiagler Terrace and reverting this property to the adjacent
property owner, Ms. Olga Rlano.
BACKGROUND:
The Public Works Department has reviewed this request and studied
potential future traffic Impacts and vehicle volumes on this
avenue and has no objection to the vacating and abandoning of
this parcel of land.
On October 8, 1959 the owners of Lot 8, Block 1, Amended Plat of
Flagier Terrace, 50 S.W. 55 Avenue, deeded the east eighteen (18)
feet of their property to the City of Miami for purposes of
expanding the road right of way. T he deed contained a reverter
clause stating that should the City abandon this parcel of land
for street purposes, that land shall revert back to the current
property owners of record.
Since the -City has not utiilzednor intends to utilize this
parcel of land for street expansion purposes, and since the
sidewalk and pavement has been located within the zoned right of
way and does not occupy the east eighteen (18) feet of Lot 8, the
current owner, Ms. Olga Rlano, Is requesting that this parcel of
land be returned to her.
All utility companies affected by the vacating, discontinuing and
abandoning of this land have been contacted and express no
objections.
The original consideration paid to the property owners by the
City of Miami In 1959 for this parcel of land was $1.00 and other
good and valuable considerations.
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�� 4 93- 647
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93- 647
OLGA RIANO
Mailing Address
14747 S.W. 61st Lane
Miami, FL 33193
Tel. (305) 387-9234
VIA RETURN RECEIPT REQUEST
August 23, 1993
Mr. Waldemar E. Lee
Director of Public Works
CITY OF MIAMI
275 N.W. 2nd Street
Miami, FL 33128
Re: 50 S.W. 55th Avenue, Miami, FL
Folio # 01-4106-046-0060
Lot 8 Less E18FT to city Block
Amended Plat of Flagler Terrace
Dear Mr. Lee:
33134
1
PB 38-80
0327 r
Ppl
,
ThL Cijr 0r �jljt.AFt''S
A
M,
Please be advised the undersigned is the owner of the above
referenced property.
In light of the present condition of the premises -described
in paragraph three-, I am respectfully requesting a Quit
Claim Deed from the City of Miami.
In 1959, the owner of a vacant land donated 18 feet facing
the street to the City for the use of street and sidewalk
only. (Please see attached documents). A house was
authorized to be built in 1962 and my husband and I purchased
it. The note highlighted on attached copy of the Deed,
clearly indicates that in the event of no such use, the land
shall revert back to the legal owner. Today, 31 years later,
I am in desperate need of selling my house. I am 76 years
old, a widow, in poor health and in real need of the proceeds
of this sale to pay off hospital bills and other debts.
I had a Sales Contract on the house signed on May 12, 1993.
The person buying the house, who has more knowledge about
these legal issues than my husband and I had at the time we
purchased it, discovered that the East 18 feet of the
property were never reverted back to the legal owner, by
means of a Quit Claim Deed. My attempts to clear this matter
have been unsuccessful. Finally after so many months, my
possible buyer has refused to wait any longer and retracted
from buying my house, and cancelled the contract to buy it.
93- 647
Mr. Waldemar E. Lee
August 23, 1993
Page Two
I have another offer to buy my house at this time. I cannot
afford to loose this opportunity. My son -Armando Riano-
personally visited Mr. Leonard J. Helmers, Jr., Professional
Engineer II, who asked us to request letters from all utility
companies indicating to have no interest in the East 18 feet
of the property, which we consider irrelevant, since a copy
of the survey would have been sufficient to determine these
facts. After receipt of the last of the five letters on
August 18th, my son visited Mr. Helmers, Jr. again,
bringing the complete package to him. Mr. Helmers, Jr. has
indicated that the package be submitted to you who would, in
turn, submit it to the City Commissioners. We were further
informed that the Commissioner's agenda for the month of
September is already booked and thus our problem will
probably not be reviewed until the month of October.
I strongly request your assistance, at this point. I should
not be punished for errors made by the City authorizing the
construction of a house which appears to be encroaching in
"City property". I urge the City to expedite a Quit Claim
Deed reverting the E18Ft of my property to me, immediately.
I am in no position to wait any longer. I have already been
damaged enough by the negligence of the City bureaucracy.
The favor of a reply to this letter is kindly requested.
Sincerely yours,
01 a Riano
OR:mpr
Enclosures: Land Survey - dated May 21, 1993 - prepared for
Mr. Renaldo Blanco who was buying my house at
that time. (copy)
Warranty Deed - Land Conveyed to City (copy)
Warranty Deed - Developed Land (copy)
Letters from Utility Companies (5-original)
Water & Sewer Department
Florida Power & Light Company
Southern Bell Telephone Company
A T & T
Peoples Gas
93- 647