HomeMy WebLinkAboutM-90-0374CITY 0= M1AV1. FLORIDA
-- INTER -OFFICE MEMORANDWA
TO Honorable Mayor and Members DATE My 1 1Jg� FILE
of the City Commission
Recommendation On
SUBJECT John V. Howard's
1334 N. Miami Ave.
Property
--��' FROMREFERENCES
Cesar H. Od
City Manager* ENCLOSURES
On February 15, 1990, Mr. John Howard appeared before the City
Commission to donate a building located at 1334 N. Miami Avenue.
At that meeting, the Commission requested that the proposed
donation be: 1) evaluated "to make sure that it is something
worthwhile for us to take", 2) that the Law Department and
Department of Planning give a full report and 3) that the
recommendation be put to vote by the City Commission.
Prior to City Commission action, Mr. Howard executed a quitclaim
deed and recorded the instrument on February 16, 1990. However,
please be aware that a delivery and acceptance of the conveyance is
required to complete the transaction, and this action has not
occurred.
In a letter dated May 8, 1990, Mr. Howard was placed on notice that
his quitclaim deed was not acceptable at the present time and the
proposed donation of his property would be discussed at the May
24th City Commission meeting. (See attached letter.)
In a memorandum to the City's Property and Lease Manager, the Law
Department cited the following issues to be considered in
evaluating the proposed donation:
1) A title check on the property must be performed to
determine the present condition of title as to all
parties in interests, liens, and other possible
encumbrances. The cost of the abstract and title
search would be approximately $350 to $750.
2) A determination must be made of who will be responsible
for the cost of the title search, demolition, toxic
clean-up (if any) etc.
3) The building structure has been condemned by Mr. Jorge
Ventura, City of Miami Building Official. Therefore,
a determination as to the process of demolition and its
costs must be made.
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90- 374
4) The value of the property needs to be determined as
well as an inspection for toxic waste and asbestos in
order to establish if the donation would be cost
effective.
5) If a final recommendation for acceptance of the donation
is presented to the City Commission and the Commission
supports such recommendation, then the property owner
must convey the property to the City through a warranty
deed.
In response to the issues raised by the Law Department, the City's
Property and Lease Management Division concludes the following:
1) The building which is located on the site has been
inspected by building officials and has been found
to be unsafe and a fire hazard and should be submitted
before the Unsafe Structures Board of Dade County
for recommended demolition.
2) Officials in the Building and Zoning Department have
estimated that $40,000 would be needed for demolition
without considering the removal of asbestos, if any.
In addition, renovation costs could be substantial.
3) The market value of the property, if vacant, would be
$41,310.
If the City were to accept this donation, monies would be needed to
immediately demolish the property for the removal of trash and
other debris and squatters from time to time. In addition, the
property would be removed from the tax rolls therfore reducing the
City's tax base.
In view of the facts from the Law Department, General Services
Administration and Building and Zoning, it is therefore recommended
that the City not accept the donation of this property. The upkeep
of the site would be costly and would further tax our resources.
If the Commission agrees with the staff recommendation that the
donation is not cost effective for the City to accept, then a
disclaimer of interest in the property should be filed and recorded
as soon as possible.
Attachment
90- 374
a
CESAn H. Oolo
CITY MANAGED
May 6, 1990
Mr. John K. Howard
3030 Collins Avenue
Miami Beach, Florida
RE:
Dear Mr. Howard:
A
1-tf Aic-11IT'i
33140
1334 N. Miami Avenue
P. O. BOX 330709
MIAMI. FLORIDA 33?33-0708
303-579-630a
This letter is to clarify the present status of a quitclaim deed
dated February 12, 1990 conveying to the City of Miami the
property located at 1334 North Miami Avenue.
Please be advised that your proposed donation of the above
mentioned property, discussed with the City Commission at their
meeting of February 15, 1990, was not accepted. Instead, the
City Commission requested that the City Administration and the
City Attorney's office evaluate the proposal and report back to
the Commission for their consideration. A report is being
prepared and will be presented to the City Commission at its May
24, 1990 meeting. The City Commission, acting in its formal
capacity is the only legal venue for acceptance of a donation to
the City.
Therefore, the conveyance which you have attempted has not been
delivered nor accepted, and the transaction is not valid at the
present time.
Govern yourself accordingly.
Sin ely,
Cesar H. Odio
City Manager
cc: County Tax Assessor
Dade County Department of Records
GDj
90- 374