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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11633 Date: 03/09/2022 Commission Meeting Date: 04/14/2022 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Quit Claim Deed - Portion of NW 28 Street Purpose of Item: A Resolution, pursuant to Section 255.22 of Florida Statutes, to vacate, discontinue, and abandon a portion of the southern side of Northwest 28th Street between NW 2 Avenue and NW 3 Avenue, more particularly described in Exhibit A, containing approximately 1068 square feet, more or less; and quit claiming said parcel of land, pursuant to Section 255.22 Florida Statutes, to the successor in interest of the original dedicator, Oscar Peterson, a single man, and authorizing and directing the City Manager to execute a quit claim deed, in a form acceptable to the City Attorney, in favor of 2775 Mandarine, LLC, a Delaware Limited Liability Company.. Background of Item: Pursuant to Section 255.22, Florida Statutes a municipality may deliver a quitclaim deed to an adjoining property owner, or their successor, when land that was conveyed to the municipality by the adjoining property owner was not used for that specific purpose for over sixty (60) consecutive months or the proposed use was not identified in a comprehensive plan or other public facilities plan during the same period. In this matter, the subject property sought to be reconveyed was initially conveyed to the City on February 23, 1950 through execution of warranty deed as recorded in Deed Book 3252, Page 219, for the specific purpose of usage for street and/or sidewalk. The City has not constructed the improvements contemplated in the Warranty Deed or maintained the conveyed property in a period in excess of sixty months. The conveyed property is not necessary for road widening purposes. The current owner, as successor of the original dedicator, is developing the property and planning to utilize the conveyed property. The conveyed property is not buildable by itself and is not a waterfront property. Notwithstanding the platting requirements for vacation and closure of right of way of Chapter 55 of the City Code, the Florida Statutes allows the adjoining owner to demand a reconveyance of the unused portion of the property, which was conveyed by deed, and was not dedicated by plat, to be reconveyed. The City can issue a quitclaim deed to accomplish the reconveyance in order to facilitate the re -development, divest the City of un-necessary right of way and un-useable property. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney Office of the Mayor Office of the City Clerk Office of the City Attorney Office of the City Clerk Reviewed B Works 03/09/2022 1:45 PM Donovan Dawson Marie Gouin Nzeribe Ihekwaba Arthur Noriega V Valentin J Alvarez Amber Ketterer Barnaby L. Min Victoria Mendez Maricarmen Lopez Valentin J Alvarez Amber Ketterer George K. Wysong III Mayor's Office City Clerk's Office Victoria Mendez City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed ACA Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Legislative Division Review Completed ACA Review Completed ACA Review Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Approved Form and Correctness Completed Rendered Completed 03/10/2022 6:17 PM 03/11/2022 10:13 AM 03/11/2022 10:44 AM 03/14/2022 3:06 PM 03/16/2022 1:49 PM 03/21/2022 3:50 PM 03/22/2022 8:01 AM 03/24/2022 4:46 PM 04/14/2022 9:00 AM 04/20/2022 12:03 PM 04/20/2022 3:09 PM 04/20/2022 3:15 PM 04/22/2022 2:09 PM 04/22/2022 2:16 PM 05/03/2022 10:22 AM 05/09/2022 2:10 PM City of Miami Legislation Resolution Enactment Number: R-22-0135 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11633 Final Action Date:4/14/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2 AVENUE AND NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 1,068 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF 2775 MANDARINE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. WHEREAS, 2775 Mandarine, LLC ("Owner") is the owner of the property located at 2775 Northwest 3 Avenue ("Property") in the City of Miami ("City"); and WHEREAS, on January 29, 1937, the City Commission adopted Ordinance No. 1682 designating a zoned right-of-way width of seventy feet (70') for Northwest 28 Street from North Miami Avenue to the western City limits; and WHEREAS, on February 23, 1950, the Owner's predecessor -in -interest executed a warranty deed recorded in Deed Book 3252, Page 219 of the Public Records of Miami -Dade County ("Warranty Deed") conveying the northern thirty-five feet (35') abutting the Property alongside Northwest 28 Street ("Conveyed Property") to the City for street and/or sidewalk purposes only; and WHEREAS, on April 28, 2016, the City Commission adopted Ordinance No. 13600 reducing the zoned right-of-way width of Northwest 28 Street between Northwest 2 Avenue and Northwest 3 Avenue from seventy feet (70') to fifty feet (50'); and WHEREAS, on October 23, 2017, the Director of Public Works, pursuant to Section 54- 187 of the Code of the City of Miami, Florida, as amended ("City Code"), determined and established a new centerline for Northwest 28 Street between Northwest 2 Avenue and Northwest 3 Avenue to be located at ten feet (10') to the North of the then current centerline, requiring only a fifteen foot (15') right-of-way dedication instead of the thirty-five feet (35') dedicated by the Warranty Deed for properties located along the south side of Northwest 28 Street including the Property; and WHEREAS, the City required the Owner to construct certain road improvements in the public right-of-way, which have been completed and accepted by the City; and WHEREAS, Section 255.22(1), Florida Statutes, provides that for property conveyed to a municipality or county on or prior to October 1, 1984, a municipality or county may reconvey such property to an abutting owner that makes a demand for the same if such property was conveyed to the municipality for a specific use, without receipt of valuable consideration, and the municipality or county failed to use such property for such a purpose for a period of sixty (60) consecutive months; and WHEREAS, the City has not used a portion of the Conveyed Property for street widening purposes or maintained the Conveyed Property for a period in excess of sixty (60) consecutive months; and WHEREAS, a portion of the Conveyed Property is not necessary for street widening purposes as Northwest 28 Street abutting the Property is already dedicated to its full fifty -foot (50') width required by Section 54-187 of the City Code; and WHEREAS, the Owner desires to redevelop the Property and wishes to utilize the Conveyed Property; and WHEREAS, notwithstanding the usual requirement that vacations and closures of rights - of -way be accomplished by the platting process described in Chapters 54 and 55 of the City Code, State law as described above allows for such a conveyance as the Conveyed Property was conveyed to the City by deed and not dedicated by plat; and WHEREAS, to the extent implicated by the Charter of the City of Miami, Florida, as amended ("City Charter"), the Conveyed Property contains approximately one thousand sixty eight (1,068) square feet, abuts Northwest 28 Street, is non -waterfront property, is non -buildable by itself, and is to be conveyed to an abutting owner, thereby meeting the exception found in Section 29-B(f) of the City Charter; and WHEREAS, the City Commission finds it in the best interest of the City to authorize the reconveyance of a portion of the Conveyed Property to the Owner in order to facilitate redevelopment and divest the City of unnecessary right-of-way and unusable 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 incorporated as if fully set forth in this Section. Section 2. A portion of the Conveyed Property as more particularly described in Exhibit "A," attached and incorporated, containing approximately 1,068 square feet, is hereby vacated, discontinued, and abandoned as public right-of-way. Section 3. The City Manager is authorized' to negotiate and execute a quit claim deed, in a form acceptable to the City Attorney, for a portion of the Conveyed Property, as more particularly described in Exhibit "A," attached and incorporated, pursuant to Section 255.22(1), Florida Statutes, to the Owner or its successor -in -interest or assign(s). Section 4. 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 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. APPROVED AS TO FORM AND CORRECTNESS: 3/24/2022 rt6 ia` ht de��S z, pity ttor