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HomeMy WebLinkAboutR-22-0135City of Miami City Hall 3500 Pan American Drive ResolutionR-22-0135 Miami, FL 33133 www.miamigov.com Legislation File Number:11633Final 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 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. e owner of the property located at WHEREAS, on January 29, 1937, the City Commission adopted Ordinance No. 1682 designating a zoned right-of- Miami Avenue to the westernCity limits; and -in-interest executed a warranty deed recorded in Deed Book 3252, Page 219 of the Public Records of Miami-Dade the northernthirty-five alongside Northwest 28 Street and/or sidewalk purposesonly; 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 WHEREAS, on October 23, 2017, the Director of Public Works, pursuant to Section 54- established a new centerline for Northwest 28 Street between Northwest 2 Avenue and requiring only a fifteen foo-of-way dedication instead of the thirty- dedicated by the Warranty Deed for properties located along thesouth 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 acceptedby the City; and WHEREAS, Section 255.22(1), Florida Statutes, provides that for property conveyed to a City of MiamiPage 1of 3File ID: 11633 (Revision: A) Printed On:6/10/2025 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 -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 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 ,068 square feet, is hereby vacated, discontinued, and abandoned as public right-of-way. 1 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 Florida Statutes, to the Owner or its successor-in-interest or assign(s). 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. City of Miami Page 2 of 3 File ID: 11633 (Revision: A) Printed on: 6/10/2025 File ID: 11633Enactment Number:R-22-0135 Section 4. This Resolution shall become effective immediately upon its adoption and 2 signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: 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 MiamiPage 3of 3File ID: 11633 (Revision: A) Printed on:6/10/2025