HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
City of Miam)?Eo
VED City Hall
r s 3500 Pan American Drive
Resolution R-22-0,4y Miami, FL 33133
• #r, ! www.miamigay.com
�-
r� x �
Legislation-.E C,.
CITY -fig
Fife 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 25522 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-ot-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 (107) 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
City of Miami Page T of 3 File 10: 11633 (Revision. A) Printed On. 45/3/2022
11633 Legislation SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 11633 Enactment Number: R-22-0135
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 Cade; 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 29-13(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 clairroeed,
in a form acceptable to the City Attorney; for a portion of the Conveyed Property, as mores
particularly described in Exhibit "A," attached and incorporated, pursuant to Section 252(1
Florida Statutes, to the Owner or its successor -in -interest or assign(s).
U� tJ
err+ C,3
' The herein authorization is further subject to compliance with all legal requirements that me -be
ZZ
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions. Cn
.r;
City of Miami Page 2 of 3 File ID: 11633 (Revision: A) Printed on: 513/2022
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 11533
Enactment Number: R-22.0135
Section 4, This Resolution shall became effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
1 !
ria dez, i y #tor ey 312412022ai4riaiWZ7�,ezity Attar ey 51312022
G'7
c
ry
W
M
�U
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 3 of 3 Fife ID: 11633 (Revision: A) Printed on: 51312022
SUBSTITUTED
City of Miami IRE, ;" eatY Hall
ieeeer re+a,� x
,e ee Legislation 3500 Pan American Drive
r j, Miami, FL 33133
q��.s
sc lit7 �(vww.miamiguv.c[sm
ry A
Resaiutianl-���, _
File Number: 11633;�" f`f�lwfal Action ate:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WTH ATTACHMENT/�C
VACATING, DISCONTINUING, AND ABANDONING A POF THE S UTHERN
SIDE OF NORTHWEST 28TH STREET BETWEEN NORTAVE E AND
NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PLAR
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPOC TAINING
APPROXIMATELY 1,068 SQUARE FEET; FURTHER AUTTHE CITY
MANAGER TO NEGOTIATE AND EXECUTE A QUIT CLA, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TN 255.22,FLORIDA STATUTES, IN FAVOR OF 2775 MAN'DARINE, ELAWARELIMITED LIABILITY COMPANY, THE SUCCESSOR-IN-INOF THE ORIGINAL
DEDICATOR.
WHEREAS, 2775 Mandarine; LLC ("Owner") is the oy/rner of the property located at
2775 Northwest 3 Avenue ("Property") in the City of Miami City"); and
WHEREAS, on January 29, 1937, the City Co ission adopted Ordinance No. 1682
designating a zoned right-of-way width of seventy fe (70') for Northwest 28 Street from North
Miami Avenue to the western City limits; and
WHEREAS, on February 23, 1950, the wner's predecessor -in -interest executed a
warranty deed recorded in Deed Book 3252 age 219 of the Public Records of Miami -Dade
County ("Warranty Deed") conveying the rthern thirty-five feet (35') abutting the Property
alongside Northwest 28 Street ("Convey d Property") to the City for street and/or sidewalk
purposes only; and
WHEREAS, on April 28, 2 6, the City Commission adopted Ordinance No. 13600
reducing the zoned right-of-way Aidth of Northwest 28 Street between Northwest 2 Avenue and
Northwest 3 Avenue from sev ty feet (70') to fifty feet (50'); and
WHER/en
c ber 23, 2017, the Director of Public Works, pursuant to Section 54-
187 of the Cody of Miami. Florida, as amended ("City Code"), determined and
established a cline for Northwest 28 Street between Northwest 2 Avenue and
Northwest 3 Ae located at ten feet (10') to the North of the then current centerline,
requiring only ot (15') right-of-way dedication instead of the thirty-fivefeet (35')
dedicated by tty Deed for properties located along the south side of Northwest 28
Street includinperty; and
W REAS, the City required the Owner to construct certain road improvements in the
public ri t-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
m icipality or county on or prior to October 1, 1984, a municipality or county may reconvey
ch 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
SUBSTITUTED
(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 fift foot
(50') width required by Section 54-187 of the City Code; and
WHEREAS, the Owner desires to redevelop the Property and wishes to uti e 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 nd 55 of the City
Code, State law as described above allows for such a conveyance as th 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 Ity of Miami, Florida, as
amended ("City Charter'), the Conveyed Property contains It
ima#ely one thousand sixty
eight (1,068) square feet, abuts Northwest 28 Street, is non-w erfront property, is non -buildable
by itself, and is to be conveyed to an abutting owner, thereb meeting the exception found in
Section 29-B(f) of the City Charter; and
WHEREAS, the City Commission finds it in the est interest of the City to authorize the
reconveyance of a portion of the Conveyed Property o the Owner in order to facilitate
redevelopment and divest the/findis
necessary ight-of-way and unusable property;
NOW, THEREFORE, OLV BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals s contained in the Preamble to this Resolution are
adopted by reference and incoas if fully set forth in this Section.
Section 2, A portion oeyed Property as more particularly described in Exhibit
"A," attached and incorporateding approximately 1,068 square feet, is hereby vacated,
discontinued, and abandonedright-of-way.
Section 3. The Cit anager is authorized' to negotiate and execute a quit claim deed,
in a form acceptable to t e City Attorney, for a portion of the Conveyed Property, as more
particularly described i Exhibit "A," attached and incorporated, pursuant to Section 255.22(1),
Florida Statutes, to t e Owner or its successor -in -interest or assign(s).
Section 4 This Resolution shall become effective immediately upon adopff?
CPS
,�-
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.
SUBSTITUTED
APPROVED AS TO FORM AND CORRECTNESS:
L06ria-r dez, i y ttor ey 3/2412322
CD
Fri
sis
i
�.t't