HomeMy WebLinkAboutR-18-0497City of Miami
Resolution R-18-0497
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4920 Final Action Date: 11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF
RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("COVENANT"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO ALLOW MIAMI-DADE COUNTY
("COUNTY") TO CONVEY A CERTAIN PORTION OF THE PROPERTY
IDENTIFIED AS FOLIO NOS. 01-0106-070-2010, 01-0106-070-2020, AND 01-
0106-070-2060, AS FURTHER DESCRIBED IN EXHIBIT "A" OF THE
COVENANT ("ORIGINAL PROPERTY"), TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") AND THE REMAINING PORTION OF THE
ORIGINAL PROPERTY MINUS THE PORTION OF THE PROPERTY
CONVEYED TO FDOT TO THE YWCA OF GREATER MIAMI-DADE, INC., A
FLORIDA NOT FOR PROFIT CORPORATION ("YWCA"), AS DESCRIBED IN
EXHIBIT "C" OF THE COVENANT ("PROPERTY"), AS A CONDITION
PRECEDENT TO THE CONVEYANCE, WITH REVERTERS AND
RESTRICTIONS AS MORE PARTICULARLY DESCRIBED IN SAID
COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
MAY BE NECESSARY TO EFFECTUATE SAID COVENANT.
WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 in Official
Records Book 14938, Page 1719, the City of Miami ("City") conveyed to Miami -Dade County
("County") the property legally described in Exhibit "A" of a Declaration of Restrictive Covenants
Running With the Land ("Covenant"), attached and incorporated ("Original Property"); and
WHEREAS, the City conveyed the Original Property for the purpose of leasing said
Original Property to the YWCA of Greater Miami -Dade, Inc., a Florida not for profit corporation
("YWCA"), in accordance with restrictions and reverters as more particularly described in the
Deed; and
WHEREAS, the County complied with the Deed and leased the Original Property to the
YWCA, which built the Martha Sutton Weeks Women's Center and has occupied the Original
Property since such conveyance; and
WHEREAS, the City received a request from the County and the YWCA to release the
Deed restrictions to allow the conveyance of the Original Property to the YWCA; and
WHEREAS, the County also received a request from the Florida Department of
Transportation ("FDOT") to donate a certain portion of the Original Property, as legally
described in Exhibit "B" of the Covenant ("Parcel"), for roadway and sidewalk improvements of
State Road 925, also known as, Northwest 3rd Court ("Roadway Project"); and
City of Miami Page 1 of 3 File ID: 4920 (Revision:) Printed On: 4/4/2025
File ID: 4920 Enactment Number: R-18-0497
WHEREAS, the City reiterates its full support of the YWCA's mission, dedicated to
eliminating racism, empowering women and promoting peace, justice, freedom, and dignity for
all by providing services, programs, and affordable/low income housing for women, teens,
children, seniors, and families, and to aiding and supporting other organizations operated
exclusively for charitable or educational purposes ("Intended Purposes"); and"
WHERAS, it is necessary that the Parcel be conveyed to FDOT to enable the proposed
Roadway Project; and
WHEREAS, the City and the County agree that the Parcel may be conveyed to FDOT
and will not be encumbered by the Covenant; and
WHEREAS, the City and the County hereby agree to enter into the Covenant as a
condition precedent to the conveyance of the remaining portion of the Original Property, minus
the Parcel, as more specifically described in Exhibit "C" of the Covenant ("Property"), from the
County to the YWCA to continue the Intended Purpose; and
WHEREAS, subject to the Covenant, if the Property ceases to be used by the YWCA for
the Intended Purpose or the YWCA attempts to convey the Property to any other entity, all
property rights shall automatically revert to the City without the necessity of further action or
proceeding;
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 incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized1 to execute the Covenant, in
substantially the attached form, to allow the County to convey the Parcel to FDOT.
Section 3. The City Commission agrees to allow the County to convey the Property,
subject to the Covenant, to the YWCA, the Covenant being a condition precedent to the
conveyance, with reverters and as restrictions more particularly described in said Covenant.
Section 4. The City Manager is further authorized' to execute any and all necessary
documents, including amendments and modifications, in a form acceptable to the City Attorney,
as may be necessary to effectuate said Covenant.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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 (10) 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 3 File ID: 4920 (Revision:) Printed on: 4/4/2025
File ID: 4920 Enactment Number: R-18-0497
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 4920 (Revision:) Printed on: 4/4/2025