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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01372 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
VACATING, DISCONTINUING, AND ABANDONING THE CITY'S INTEREST IN
THE EAST 2.70 FEET OF THE DEDICATION DESCRIBED AS: THE WEST 8.50
FEET MORE OR LESS OF THE SOUTH '/ OF LOT 1 AND THE WEST 8.50 FEET
MORE OR LESS OF THE NORTH'/2 OF LOT 2, BLOCK 26, WADDEL'S ADDITION
TO THE TOWN OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK B, AT PAGE 53, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, AND RETURNING SAME TO THE PRESENT
ADJACENT PROPERTY OWNER; 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 City's interest in the
East 2.70 feet of the dedication described as: the West 8.50 feet more or less of the South % of Lot 1
and the West 8.50 feet more or less of the North'/ of Lot 2, Block 26, Waddell's Addition to the Town
of Miami, according to the plat thereof, as recorded in Plat Book B, at Page 53, of the Public Records
of Miami -Dade County, Florida; and
WHEREAS, the said East 2.70 feet of the dedication described as: the West 8.50 feet more or less
of the South ' of Lot 1 and the West 8.50 feet more or less of the North '/ of Lot 2 is a portion of: the
West 8.50 feet more or less of the South' of Lot 1 and the West 8.50 feet more or less of the North
% of Lot 2, granted to the City of Miami ("City") in 1989 in a deed of dedication, for highway purposes,
recorded in Official Records Book 14225, Page 3240, 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 adjacent owner's existing building to encroach
onto said East 2.70 feet of the dedication described as: the West 8.50 feet more or less of the South
'/ of Lot 1 and the West 8.50 feet more or less of the North'/2 of Lot 2, Block 26, Waddell's Addition to
the Town of Miami, according to the plat thereof, as recorded in Plat Book B, at Page 53, of the Public
Records of Miami -Dade County, Florida; 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 title;
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 East 2.70 feet of the dedication described as: the West 8.50 feet
more or less of the South "/ of Lot 1 and the West 8.50 feet more or less of the North' of Lot 2,
Block 26, Waddell's Addition to the Town of Miami, according to the plat thereof, as recorded in Plat
City of Miami Page 1 of 2 Printed On: 12/3/2008
File Number: 08-01372
Book B, at Page 53, of the Public Records of Miami -Dade County, Florida; 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's interest in East 2.70 feet of the dedication described as: the West 8.50 feet
more or less of the South' of Lot 1 and the West 8.50 feet more or less of the North '% of Lot 2,
Block 26, Waddell's Addition to the Town of Miami, according to the plat thereof, as recorded in Plat
Book B, at Page 53, of the Public Records of Miami -Dade County, Florida, and recorded in Official
Records Book 14225, Page 3240, of the Public Records of Miami -Dade County, Florida, is vacated,
discontinued and abandoned.
Section 3. This City Manager is authorized{1} and directed to execute a Quit Claim Deed, in
substantially the attached form, granting the aforesaid East 2.70 feet of the dedication described as:
the West 8.50 feet more or less of the South '/2 of Lot 1 and the West 8.50 feet more or less of the
North'% of Lot 2, Block 26, Waddell's Addition to the Town of Miami, according to the plat thereof, as
recorded in Plat Book B, at Page 53, of the Public Records of Miami -Dade County, Florida, to the
adjacent property owner of record, DWBJ CORP., a Florida corporation, whose mailing address is
8300 Biscayne Boulevard, Miami, Florida, 33138.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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 Printed On: 12/3/2008