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HomeMy WebLinkAboutR-05-0599City of Miami Legislation Resolution: R-05-0599 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-01100 Final Action Date: 11/3/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE SOUTH TEN (10) FEET OF THE EAST TEN (10) FEET OF THE NORTH HALF (1/2) OF LOT 10, BLOCK 2, A RESUBDIVISION OF BLOCK NO. 2, "RIVERSIDE FARMS," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 18, PAGE 27, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND RETURNING SAME TO THE PRESENT ADJACENT PROPERTY OWNER AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, a request has been made to vacate, discontinue and abandon the south ten (10) feet of the east ten (10) feet of the north half (1/2) of Lot 10, Block 2, a resubdivision of Block No. 2, "Riverside Farms," according to the Plat thereof, as recorded in Plat Book 18, Page 27, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the said south ten (10) feet of the east ten (10) feet of the north half (1/2) of Lot 10 is a portion of the east ten (10) feet of the north half (1/2) of Lot 10 granted to the City of Miami ("City") in 1986 in a deed of dedication, for highway purposes, recorded in Official Records Book 12797, Page 280, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the adjacent property owner has brought to the City's attention that the legal description of the said deed of dedication causes the owner's existing building to encroach into said south ten (10) feet of the east ten (10) feet of the north half (1/2) of Lot 10; and WHEREAS, the City has reviewed the adjacent owner's property survey and the legal description of the said deed of dedication and confirms the building encroachment; and WHEREAS, said building encroachment creates an encumbrance on the adjacent owner's property; and WHEREAS, it has been determined that it would not be detrimental to the interest of the City or its citizens to relinquish the aforesaid south ten (10) feet of the east ten (10) feet of the north half (1/2) of Lot 10, and any reason not to do so would allow the encumbrance on the adjacent property to perpetuate and diminish the value of the adjacent owner's property; 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 adopted by reference and incorporate as if fully set forth in this Section. Section 2. The City vacates, discontinues and abandons the south ten (10) feet of east ten (10) City of Miami Page 1 of 2 File Id: 05-01100 (Version: 1) Printed On: 12/6/2016 File Number: 05-01100 Enactment Number: R-05-0599 feet of the north half (1/2) of Lot 10, Block 2, a resubdivision of Block No. 2, "Riverside Farms," according to the Plat thereof, as recorded in Plat Book 18, Page 27, of the Public Records of Miami -Dade, County, Florida, and recorded in Official Records Book 12797, Page 380, of the Public Records of Miami -Dade County, Florida. Section 3. This City Manager is authorized {1} and directed to execute a Quit Claim Deed, in substantially the attached form, reverting the aforesaid south ten (10) feet of the east ten (10) feet of the north half (1/2) of Lot 10, Block 2, a resubdivision of Block No. 2, "Riverside Farm," Plat Book 18, Page 27, to the appertaining owner of record, 7th Street Building Inc., a Florida corporation, whose post office address is 7333 Coral Way, Miami, Florida, 33155. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} 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. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 05-01100 (Version: 1) Printed On: 12/6/2016