HomeMy WebLinkAboutR-21-0348City of Miami
Resolution R-21-0348
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10614 Final Action Date: 9/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO
EXECUTE A LAND EXCHANGE AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, ("LAND EXCHANGE AGREEMENT") BETWEEN THE
CITY OF MIAMI ("CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND CBOT") OF THE STATE OF FLORIDA
("STATE") THROUGH THE STATE DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("FDEP"), FOR THE CITY TO CONVEY BACK TO BOT ONE OF
THE BUTLER ACT PARCELS, IDENTIFIED AS PARCEL PART III IN THE
DISCLAIMER ATTACHED AND INCORPORATED AS EXHIBIT "A" AND
ACCEPTED PURSUANT TO CITY RESOLUTION NO. R-21-0322,
CONTAINING APPROXIMATELY EIGHT HUNDRED AND SIXTY-NINE (869)
SQUARE FEET, IN EXCHANGE FOR THE CONVEYANCE FROM BOT TO THE
CITY OF THREE (3) ADDITIONAL PARCELS, CONTAINING A TOTAL
COMBINED SIZE OF APPROXIMATELY THREE HUNDRED AND FORTY
THREE (343) SQUARE FEET, ALL AS LEGALLY DESCRIBED IN EXHIBIT "B",
ATTACHED AND INCORPORATED, WITH THE VALUATION DETERMINED BY
THE STATE -REQUIRED APPRAISALS PROVIDED IN EXHIBIT "C",
ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS TO BE
MORE PARTICULARLY DESCRIBED IN THE LAND EXCHANGE
AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID LAND EXCHANGE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY
BE NECESSARY TO EFFECTUATE SAID LAND EXCHANGE; ALLOCATING
FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS PROJECT NOS. 40-B-
193500 AND 40-B-193803, IN AN AMOUNT NOT TO EXCEED EIGHT
THOUSAND DOLLARS ($8,000.00), TO COVER THE COST OF SAID
ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL
REPORTS, TITLE INSURANCE, AND ALL RELATED CLOSING COSTS
ASSOCIATED WITH SAID LAND EXCHANGE, IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE LAND EXCHANGE AGREEMENT.
WHEREAS, the City of Miami ("City") owns the riverfront property known as Jose Marti
Park ("Jose Marti Park"); and
WHEREAS, on February 1, 2021, the Board of Trustees of The Internal Improvement
Trust Fund of The State of Florida ("BOT") approved and executed Disclaimer No. 42113(6815-
13), attached and incorporated hereto as Exhibit "A" ("Disclaimer"), conveying to the City the
three (3) parcels of formerly sovereignty submerged lands, containing a total of approximately
City of Miami Page 1 of 3 File ID: 10614 (Revision:) Printed On: 6/2/2025
File ID: 10614 Enactment Number: R-21-0348
twenty one thousand nine hundred and three (21,903) square feet (identified in such Disclaimer
as "Part I," "Part II," and "Part III," or collectively, "Butler Act Parcels"); and
WHEREAS, the City Commission adopted Resolution No. R-21-0322, on July 22, 2021,
authorizing the acceptance of the Butler Act Parcels; and
WHEREAS, the City and BOT desire to enter into a Land Exchange Agreement whereby
BOT will convey to the City three (3) additional parcels, containing a total combined size of
approximately three hundred and forty-three (343) square feet, as identified in Exhibit "B",
attached and incorporated, in exchange for the conveyance from the City to BOT of parcel Part
III of the Butler Act Parcels, containing approximately eight hundred and sixty-nine (869) square
feet ("Land Exchange Agreement"); and
WHEREAS, the valuations for the respective State and City parcels being exchanged
pursuant to the Land Exchange Agreement have been determined by the State -required
appraisals, as provided in Exhibit "C", attached and incorporated, in accordance with Section
253.025, Florida Statutes and Section 253.42, Florida Statutes; and
WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended
("City Charter") allows for the City to convey property to implement projects of any governmental
agency or instrumentality; and
WHEREAS, the various parcels of upland and submerged land acquired pursuant to the
Disclaimer and the Land Exchange Agreement, are greater in size than the parcels to be
conveyed to the State, and such acquired land shall be used in support of the Jose Marti Park;
and
WHEREAS, the City Commission finds it in the best interest of the City to authorize the
City Manager to negotiate and execute the Land Exchange Agreement, in a form acceptable to
the City Attorney, and any other necessary documents, including amendments and
modifications, all in forms acceptable to the City Attorney, in order to effectuate said Land
Exchange Agreement; and
WHEREAS, the project has been added to the City's Multi -Year Capital Plan as Office of
Capital Improvements ("OCI") Project Nos. 40-B-193500 and 40-B-193803, with funding from
Florida Inland Navigation District ("FIND") Grants, Miami Forever Bonds funding, and Parks and
Recreation impact fees; and
WHEREAS, the City's estimated total cost for the exchange shall not exceed Eight
Thousand Dollars ($8,000.00), with funds being allocated from OCI Project Nos. 40-B-193500
and 40-B-193803;
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 fully set forth in this Section.
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File ID: 10614 Enactment Number: R-21-0348
Section 2. The City Manager is authorized' to negotiate and execute a Land Exchange
Agreement, in a form acceptable to the City Attorney, pursuant to City Charter Section 29-B(c),
between the City and BOT, to convey back to BOT parcel Part III of the Butler Act Parcels in
exchange for three (3) additional parcels to the City, containing a total combined size of
approximately three hundred forty three (343) square feet, as legally described in Exhibit "B",
attached and incorporated, with the valuation determined by the State -required appraisals
provided in Exhibit "C", attached and incorporated, with terms and conditions to be more
particularly described in the Land Exchange Agreement.
Section 3. Funding for the acquisition is to be allocated in an amount not to exceed
Eight Thousand Dollars ($8,000.00) from OCI Project Nos. 40-B-193500 and 40-B-193803.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City 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.
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