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J--89-388
8/24/89
RESOLUTION NO. 89-y90G
A RESOLUTION CONCERNING LOT 15, BLOCK 1, OF
THE AMENDED PLAT OF BONITA PARK IN MIAMI,
FLORIDA: AUTHORIZING THE CITY MANAGER TO
EXECUTE A STANDARD FORM QUITCLAIM DEED TO THE
OWNERS OF SAID LOT THEREBY RELEASING AND
REMOVING THE RIGHT OF WAY RESERVATION FOR
SAID LOT BECAUSE OF THE REASONS STATED
HEREIN; FURTHER, PROVIDING THAT SUCH
QUITCLAIM DEED BE IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
WHEREAS, the Plat for Lot 15, Block 1, of the Amended Plat
of Bonita Park, filed with the Town of Coconut Grove, Florida, on
May 2, 1922, prior to the town's annexation by the City of Miami,
contains a reservation for right of way; and
WHEREAS, in the period of approximately sixty-five (65)
years since the granting of the aforementioned reservation of
right of way, the lot has never been deeded or otherwise conveyed
to the Town of Coconut Grove or the City of Miami, and there has
never been a street or other public right of way situated in said
Lot 15 during the entire period from 1922 to 1989; and
WHEREAS, the North side of Block 1, located on Kiora Street,
Coconut Grove, contains no corresponding reservation for right of
way, and the length of the street which could run on Lot 15 would
be one-half block before reaching a dead end; and
WHEREAS, by virtue of current zoning regulations and
classifications contained in Zoning Ordinance No. 9500, Lot 15,
Block 1, of the Amended Plat of Bonita Park, according to the
plat thereof, recorded in Plat Book 8, at Page 8 of the Public
Records of Dade County, Florida, having a street address of 4095
Park Avenue, Miami, Florida, and being zoned RS-2/2, and subject
to being free, unencumbered and having no encroachment, is
considered a legal building site, pursuant to the current Zoning
Ordinance; and
CITY COMMISSION
MEETING OF
OCT 12 1989
No.
REMARKS:
WHEREAS, the present fee simple owners of said property,
Oscar de la Guardia and Margaret M. Ricke, husband and wife, and
Olga C. de la Guardia, a single woman, are petitioning the City
Commission to release and remove the aforementioned reservation
of right of way from the Public Records, and the Department of
Public Works has no objection to the removal of the reservation
by the grant of a quitclaim deed conveying to the petitioners
whatever interest the City may have;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF•MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute a standard quitclaim deed, in a form acceptable to the
City Attorney, conveying whatever interest the City has in a
reserved right of way in Lot 15, Block 1, of the Amended Plat of
Bonita Park, as recorded in Plat Book 8, at Page 8 of the Public
Records of Dade County, Florida, to the owners of said lot,
Oscar G. de la Guardia and Margaret M. Ricke, husband and wife,
and Olga C. de la Guardia, a single woman.
Section 2. Any costs relative to the herein action and
this release of right of way is to be borne by the petitioners.
Section 3. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 12th day of
CITY CLERK
PREPARED AND APPROVED BY:
RA EL E. SUAREZ-ftIVAS
ASSISTANT CITY ATTORNEY
RSR:yv:M1017
XAVI ER L.
, 1989.
AREZ; MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
J RGE RNANDEZ
CITY AT EY
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM - A4��
h1 Cesar H. Od i o
City Manager
RECOMMENDATION:
CA=34
DATE : Q CT 4 i989 FILE
SUBJECT: Resolution and Quitclaim
Deed for Lot 15, Block 1.
Bonita Park Amended, (8-8)
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute a
standard quitclaim deed conveying whatever interest the City, has
in a reserved right of way in Lot 15, Block 1, of the Amended
Plat of Bonita Park, as recorded in Plat Book 8, at Page 8 of the
Public Records of Dade County, Florida.
BACKGROUND:
The Amended Plat of, Bonita Park has been reviewed by the
Department of Public Works and Law Department with regard to the
reservation placed on Lot 15 of Block 1 of said plat. The plat
simply states that the lot is "reserved" without any indication
of the purpose of the reservation, although it would appear that
the reservation is for street purposes. -Lot ,15 is aligned in "a
north - south direction with Grove Street and it would be logical
to assume that the developer intended to dedicate the lot to the
City as a street in the event that the land immediately north of
Block i were platted under a separate plat. However, the land
north of Block 1, fronting on Kiora Street, was subsequently
platted and contains no corresponding right of way.
Since the lot has never been deeded or otherwise conveyed to the.
City or a street or public right of way officially declared in
Lot 15 during the entire period from 1922 to 1989, and since the
City has no plans, either immediate or long range, to open a
street in Lot 15, it would seem appropriate for the City to
remove the reservation by conveying its interest in Lot 15 to the -
current owner of record through a quitclaim deed.
The petitioners and current owners of Lot 15, Oscar G. De La
Guardia and Margaret M. Rieke, husband and wife, and Olga C. De,
La Guardia a single woman, have requested that the City execute a
quitclaim deed conveying whatever interest in may have in the
reserved right of way in Lot 15. Both the Law Department and the
Department of Public Works have reviewed this request and concur
that a conveyance by quitclaim deed is a fair and proper course
of action in this matter.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: James J. Ray DATE January 27, 1989 FLEA-88-239
Public Works Department
SUBJECT : Attached Letter frot- Attorney/
Owner Oscar de la Guardia
FROM: Rafael E• Suarez -Rivas REFERENCES:
Assistant City Attorney
ENCLOSURES:
I have read and considered the attached January 20, 1989
letter from Attorney/Owner Oscar de la Guardia, and I am in
agreement with the statements and conclusions expressed therein.
It would be legally acceptable to proceed with this matter by,any
of the following methods:
1. A release of the right of way covenant in the May 2,
1922 plat given to the "Town of Coconut Grove".
2. A quitclaim deed of "whatever interest the City has."
The City Attorney's Office would prepare the instruments
noted in (1) or (2), and Public Works Director, Donald W. Cather,
could execute same. Alternatively, although I do not believe it
is legally mandatory, you could process this through the
applicant's appearance before the Plat and Street Committee.
Please advise.
RSR/yv/P15 $
cc: Oscar de la Guardia, Esq.
G
vs
W
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'
LAW OFFICES
GREENSE!!G. TRAURlG, HOFFMAN,
UPOrK ROscH a OUENTEL. P. A.
J[FFRCY P. AGRON ALAN S. COLD
FERNANDO C. ALONSO ST[VEN C. OOLOMAN
Otp519M. 0018"CFSKY �^�
STCVAN J. PARDO NV
CESAR L. ALVAREZ STEV[N M. GOLOSMITM
OLGA E. PARRA
LINDA C. ANDRCWS JOSCPH 0. GOLDSTCIN
MARSHALL R. PASIP16 V MIAMI OFFICE
RUDOLPH F. ARAGON LAWRENCS. GORDON
E
SYRON G. P[TEPS
i/ 1221 BRICKELL AVENUE
KCRRI L. BARSH MATTMEW B. CORSON
HILARIE SASS DIANN[ GRe[NStRG
ALYSSA M.
ALOCRT O. OUCNT I
JOEL REINSTEIN M� ; �} `•�' r.I +, MIAMI. FLORIDA 33131
{- �1
MARK J. RtISMAN T[LEPMONES
�
BAUMGART[H MELVIN N. ORttNB[RG
NORMAN J. SENFORD ROBERT L. GROSSMAN
O(: MIAMI (SO8) 579.OdOO
LUIS RCIT[R 1
LIRA J. ■[RGCX CARM[N M. HERNANDEZ
CONSTANCt M. RIDDERCjBROWARO (305) S23.8111
MARK D. BLOOM LISA A. MIRSCM
LEONARDO F. BRITO KEMNCTH C. MOF'FMAN
ANDRES RIVERO TELEX 450.3124
KENNETN 0. NOWNSON TELECOPY (305) 579.0717
•` FRANCIS S. BROGAN, JR. LARRY J. HOFFMAN
BURT BRUTON MARCOS D. JIMENEZ
NICHOLAS ROCKWCLL
RAOUCL A. RODRIGUEZ
STEVE BULLOCK MARTIN KALB
ROStRT K. BURUNGT'ON LORI L KILBtRO
ALAN H. ROLNICK
MARVIN S. ROSCM WtST PALM BEACH OFPIC[
ALB[RTO R. CAROENAi TIMOTHY ILKIBH
PHILLIP J. CARVER 9TCVEN J. KRAVIT;
RICMARD A. RO9ENBAUM 100 AUSTRALIAN AVENUE • SUIT[ 201
RONALD M. 0099NGARTEN WCST PALM BEACH. FLORIDA 33400
RICMARD G. CHERRY STCV[N A. LANOY
SUt M. COpS ALAN S. L[OERMAN
DAVID L. R UD (407) 07) 66 K
ALO[N E. TtL[GOP►{.t07)SS3•SY7
KENDALL B. COFFEY GARY A. LEVINSON
AUDOLPH
GARY A. SAUL
CLIFPORO A. SCHULMAN
DIANE M. CONNIFF NORMAN M. LIPOFF
J[FFRCY O. OW.ARLO CARLOS t. LOUMIET
MARLENC K. SILVCRMAN
STUART M. SINGER BROWARO OFFICE
OSCAR 0. at LAGUARDIA JUAN P. LOUMI[T
MOLLY R. SIIOLNICK 500 EAST SROWARO BOULEVARD • SUITt 1350
- AL99RT A. OIL CASTILLO NANCY LURIA-COVEN
DAVID R. SOFTNESS FORT LAUDOIDALE. FLORIDA 33394
ALAN T. DIMOND BRUCC C. MACDONOUGH
LAURA P. STEPH[NSON (305) 755.0500
LUCIA A. DOUGHERTY ROBERT P. MACINA
CHARLES W. COGAN. ANORCW L. MANN
DAVID J. TANEY TtLtCOPY (305) 745.14"
LAURA•M. THOMAS
SUSAN D. CLSEY PEDRO J. MARTINCZ•FRAGA
HENRY H. (SUCKY) FOX JOEL D. MASER
OSVALDO F. TORRES
ROBERT M. TRAUR.O WRIT[R�S DIRECT NO'
ROBERT J. FRI[OMAN JUAN J. MAYOL JR.
*CS[RT C. GANG WILLIAM Let MOGINNt9S
JERROLD A. WISH
ROSERT M. WOLF (305) 579-0615
RICMARD 0. GARR[TT JOHN T. MCTZG[R
TIMOTHY O. WOL/t
BRIAN K. GANT LOUIS R. MONTELLO. JR.
BRUCC H. GILES-KLEIN ALICIA M. MORALES
SMEILA WOLFSON - PLtAii REPLY TO:
ADAM S. ZIPPER
RICMARD J. GIUSTO JANET L. O'BRI[N -
- MIAMI OFFfCi
LAWRENCt GODOFSKY R[SCCCA R. GRAND
ZACHARY H. WOLFF(RtTIRED)
January 20, 1989
Rafael Suarez -Rivas, Esq.
City of Miami
_ Office of the City Attorney
AmeriFirst Building
One Southeast Third Street
Eleventh Floor
Miami, Florida 33131
Re: Lot 15, Block 1,
of the Amended Plat of Bonita Park, as
recorded in Plat Book 8, Page 8, of the Dade County
Public Records,
Dear Mr. Suarez -Rivas:
As you suggested, I spoke to Jim Kays of the City of Miami
Department of Public Works
regarding the reservation appearing on
the, plat for the above -described lot. I explained to him gay:
conclusion (in which the
zoning and land use attorneys here at-.
Greenberg) Traurig concur)
that the reservation does not to
a dedication of the lot to
,amount
the City of Miami as a strut, but im.
at most a contingent right
to use the lot as a streat in"the event
.
that the developer of this snbdiviaion succeeded in plating the
north side of the block. Mt. Kaye indicated that the bast way for
him to proceed was to receive a letter from you indicating whether
you agreed with this conclusion and, if so, the appropriate mete
,- of removing the reservation. He would then determine whether it.
Rafael Suarez -Rivas, Esq.
January 20, 1989
Page 2
would be necessary to refer the matter to the Plats and Streets
Committee, or whether he could handle it himself directly.
I have discussed with you the reasons for my conclusion
before, but I thought it might be helpful to give them to you in
writing:
1. The plat for Lot 15 (filed with the City of Coconut Grove
on May 2, 1922) states simply that the lot is "reserved,"
without any indication of the purpose of the reservation.
Because Lot 15 (which is on Park Avenue) directly fronts
Grove Street, it seems logical to assume that the
developer intended to dedicate the lot to the City as a
street in the event he ultimately succeeded in plating
the north side of block. However, the north side of the
block, on Kiora Street, was separately platted and
contains no corresponding right of way.
2. Because the north side of the block contains no corre-
sponding right of way, the City could never use Lot 15
as a street (unless it wanted a street that only went
one-half block before dead -ending).
3. My wife, my mother and I currently hold fee simple title
to Lot 15. It is very important to note that the
developer never granted legal title to Lot 15 to the
City; instead he retained it for himself and his
successors in interest. The developer and his successors
in interest have paid the taxes on the lot and have used
and maintained it continuously since the plat was filed.
If the developer had intended to grant the lot to the
City for use as a street, it unlikely that the lot would
be numbered on the plat. The developer only indicated
a reservation of the lot for possible future use as a
street. It is not even clear that this amounts to a
grant of any interest in Lot 15 to the City. In any
event, the City has never used Lot 15 as a street, nor
at any time indicated that it ever intends to do so.
As to the most appropriate procedure for removing the reserva-
tion, Lucia Dougherty of this office suggested two possible means:
The City of Miami could quit -claim back to me any interest it has
in Lot 15, if Public Works so recommends; this could be ratified
by City Commission resolution it you deem it necessary. Or I could
seek to have the plat amended, again assuming Public Works so
recommends. What I do = believe would be appropriate, however,
.7 A Ms s K"4vi m mi• wl Ae; wrr" 4 "MMM120-h Am T Am the 1 AMAT
Rafael Suarez -Rivas, Esq.
January 20, 1989
Page 3
If you agree with my conclusion as expressed in this letter,
I would appreciate it greatly if you would so advise Mr. Kaye so
that this matter can be resolved. As I discussed with you
previously, I am willing to incur the reasonable expenses of having
this reservation removed, including the expenses of petitioning to
have the Plat amended if you think it appropriate.
Please feel free to forward a copy of this letter to Mr. Kaye.
Sincerely yours,
Oscar de la Guardia
cult-CU11A rsrM RAMCO FORM e
Thk Quit -UM Pttd, Executed this day of , A. D. 19 89 , by
The City of Miami, a municipal corporation of the State of Florida
first party, to Oscar G. de la Guardia and Margaret M. Ricke, husband
and wife, and Olga C. de la Guardia, a single woman
whose postof Tice address is 4095 Park Avenue
Miami, Florida 33133
second party:
(Wherever used herein the terms "first party" and "seeo id party" shall include singular and plural, heirs, legal
representatives, and aligns of individua?, and the tueceeors and m4as of Corporations, wherever the context
so admits or requires.)
ttfteSSetfl, That the said first party, for and in consideration of the sum of S 1.00 ,
In hand paid by the said second party, the receipt whereof is hereby acknowledged. does hereby remise, re-
lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which
the said first party has in and to the following described lot, piece or parcel of land. situate, lying and being
in the County of Dade State of Florida , to -wit:
Lot 15, in Block 1, of the Amended Plat of
BONITA PARK, according to the plat thereof,
recorded in Plat Book 8, at Page 8, of the
Public Records of Dade County, Florida,
including without limitation, all right, title, interest,
claim and demand therein and thereto arising in favor of
the City of Miami, a municipal corporation of the State
of Florida as successor in interest to the Town of Coconut
Grove, a municipal corporation of the State of Florida,
pursuant to that certain Amended Plat of BONITA PARK filed
with the Town of Coconut Grove on May 2, 1922, such interest
being granted as follows: to Oscar G. de la Guardia and
Margaret M. Ricke, husband and wife, an undivided 75%
interest, and to Olga C. de la Guardia, a single woman,
an undivided 25% interest.
TO Rut a" to Hold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the. only proper use, benefit and behoof of the said
second party forever.
Ift ttfleSS UhMDC, The said first party has signed and sealed these presents the day and year
first above written. The CITY OF MIAMI
Signed, sealed and delivered in presence of:
........................Matt ...-Hirai............................. .8...�...............Cesar....�...Od o.........................W
Y Y
City ClerkCityManager
.........................• ................................ ....................... ..............................®
STATE OF FLORIDA,
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person described in and who executed the foregoing instrument and acknowledged
before me that executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
A. D. 19
............I .................. .......................... .............., ......,..,......,
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Ci
9_
. F andez, C ty Attorney
of xi i
0
outt.Gulat oab
RAMCO FORM 8
El
hk OUR -UM lhtd, Executed this day of , A. D. 1989 , by
The City of Miami, a municipal corporation of the State of Florida
first pony, to Oscar G. de la Guardia and Margaret M. Ricke, husband
and wife, and Olga C. de la Guardia, a single woman
whose postof face address is 4095 Park Avenue
Miami, Florida 33133
second party:
(Wherever used herein the terms "first party" and "second part" %hail include singular and plural, heirs, legal
reprefentatives, and anions of individuals, and the successors and aaiana of corporations, wherever the context
so adsuits or requires.)
WI
ttntSSA, That the said first party, for and in consideration of the sum of S 1.00 ,
in hand paid by the said second party, the receipt whereof Is hereby acknowledged, does hereby remise, re-
lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which
the said f irat party has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Dade State of Florida , to -wit:
Lot 15, in Block 1, of the Amended Plat of
BONITA PARR, according to the plat thereof,
recorded in Plat Book 8, at Page 8, of the
Public Records of Dade County, Florida,
including without limitation, all right, title, interest,
claim and demand therein and thereto arising in favor of
the City of Miami, a municipal corporation of the State
of Florida as successor in interest to the Town of Coconut
Grove, a municipal corporation of the State of Florida,
pursuant to that certain Amended Plat of BONITA PARK filed
with the Town of Coconut Grove on May 2, 1922, such interest
being granted as follows: to Oscar G. de la Guardia and
Margaret M. Ricke, husband and wife, an undivided 75%
interest, and to Olga C. de la Guardia, a single woman,
an undivided 25% interest.
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, lien, equity and china what-
soever of the said first party, either in law or equity, to the only proper use. benefit and behoof of the said
second party forever.
11t 101fit SS whereof, The said first party has signed and sealed these presents the day and year
first above written. The CITY OF MIAMI
Signed, sealed and delivered in presence of:
.......................... .............................. ................ .............................
MattyHirai By Cesar..�Od�..�
City
...........................ClerkCity
......... I...................... ..........................Manager...........................®
STATE OF FLORIDA,
COUNTY OF
I HEREBY CERTIFY that on this day, before me, as
officer duly authorized in the State aforesaid and in the County aforeWd to take acknowledgments, personally appeared
to me known to be the person described in and who executed the foregoing instrument and acknowledged
Wore me that executed the same.
WIT:ti£SS my hand and official seal in the County and State last aforeyiet' IVIS day of
A. D, 19
:JAPPROVED AS TO LEGAL FORM AND
CORRECTNESS:
;forge L. Fer anctez,
�� City of Ki i