HomeMy WebLinkAboutmemo.RE 7171
r��„`, I ! �'P1lt ., CITY OF MIAMI
CITY ATTORNEY'S OFFICE
.: 0 i,. MEMORANDUM
CUNS• lC i-i0N SLCTION
TO:
• 1,
FROM: Elsa I. Jaramillo-Velez, Assistant City r?ttomey
DATE: March 11, 2005
RE:
Stephanie N. Grindell, Director/Supe rvispr of Plats
Public Works Departmentha
Right of Way at 2375 Northwest 29 Street, Miami, Florida
(Our Case No. A05-00242)
I. INTRODUCTION & BACKGROUND
As you know, the owners of the property located at 2375 Northwest 29 Street, Miami,
Florida, Anicet Cabrera and Leonardo Torres ("Property Owners"), contacted the City of
Miami ("City") regarding acquiring the south fifteen (15) feet of Lot 15 and the south fifteen
(15) feet of half of Lot 16 ("Subject Right of Way").
Research reveals that in March 1926, the City obtained by Deed of Dedication the
South fifteen (15) feet of Lots 15, 16, and 17, Block 1 of Meadow Lawn, a Subdivision,
according to a Plat thereof recorded in Plat Book 9 at Page 55, Public Records of Dade
County, Florida ("the Right of Way"). The Deed of Dedication also states "this dedication is
made with the further proviso that if the above dedicated land, or any part thereof, shall
hereafter be abandoned for street or highway purposes, the title to such part so abandoned
shall revert to the owner of the property abutting upon such abandoned portion, his, her or its
heirs, legal representatives, successors or assigns." [Emphasis added.]
In 1994, the City paved Northwest 29 Street but never utilized the Right of Way. In
fact, the City rezoned the width of Northwest 29 Street and once again did not utilize the
Right of Way. Additionally, it appears from the Miami -Dade County public records that the
Property Owners are paying taxes on the Subject Right of Way.
II. CASE LAW ANALYSIS
Research reveals that the Florida courts have addressed this very matter previously.
In 1958, in Woodlawn Park Cemetery, Co. vs. City of Miami, the Third District Court of
Appeal of Florida held that the affirmative actions of the City constituted abandonment of a
10 foot strip and, therefore, the 10 foot strip reverted back to the owner. 104 So. 2d 851 (3
DCA 1958). In 1945, Woodlawn Park Cemetery, as part of its re -platting process, was
required to dedicate 35 feet of the south side for street purposes. In 1951, the City ordained
and established the street in question as a 50 foot street (25 on each side of the center line).
Right of Way — 2375 Northwest 29 Street
Page 2 of 2
Then, in 1953, the City established the area in front of the Woodlawn Park Cemetery as a 50
foot right of way "to provide for uniform street width of fifty feet." Woodlawn Park
Cemetery instituted suit to obtain back the 10 foot strip of dedicated street as it successfully
claimed that the City's actions by establishing street width in conjunction with non-use
constituted abandonment. The Woodlawn Park Court also analyzed the language in the
dedication in holding that the 10 foot strip reverted back to owner. The language in the deed
of dedication read "the avenues and streets as shown together with all existing and future
planting trees and shrubbery thereon, are hereby dedicated to the perpetual use of the public
for proper purposes reserving to said Woodlawn Park Cemetery Company, its successors or
assigns, the reversion or reversions thereof, whenever discontinued by law." [Emphasis
added.] Subsequent cases hold in the same manner. See J.C. Verren & Sons, Inc. vs. City of
Miami, 397 So. 2d 979 (3 DCA 1981); Luis Cruz and Maria Cruz vs. City of Coral Gables,
Florida, 560 So. 2d 1196 (3 DCA 1990); and Matthew L. Leibowitz and Debra Leibowitz vs.
City of Miami Beach, 592 So, 2d 1213 (3 DCA 1992)
M. CONCLUSION AND RECOMMENDATION
Based on the particular facts of the instant case and case law as discussed above, the
reversion in the Deed of Dedication is activated by the actions of the City in rezoning the
right of way width, repaving the street and excluding the 15 foot strip. It is therefore
recommended that the City quit claim the Subject Right of Way to the Property Owners.
Please prepare a resolution for the City Commission to authorize the City Manager to execute
a quit claim deed to this effect.
If you should have any additional questions, please contact me. Thank you for your
assistance in this matter.
C: Jorge L. Fernandez, City Attorney
Julie O. Bru, Deputy City Attorney
Len Helmers, P.E., Public Works Department
Frank McMahon, Surveyor, Public Works Department