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Home My WebLink AboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk _ FROM: Victoria Mendez, City Attorney - 6-- for DATE: April 20, 2022 RE: Resolution No. 22-0135 — Execute Quit Claim Deed - Portion of Northwest 28 Street, Miami, Florida File No. 11633 At its April 14, 2022 meeting, the City Commission adopted the above -referenced agenda item, CA.2, vacating, discontinuing, and abandoning a portion of the southern side of Northwest 28th Street between Northwest 2 Avenue and Northwest 3 Avenue, Miami, Florida and authorizing the City Manager to negotiate and execute a quit claim deed, in a form acceptable to the City Attorney, in favor of 2775 Mandarine, LLC, a Delaware limited liability company, the successor -in -interest of the original dedicator. The item inadvertently contained an incorrect description of the effective date of the Resolution in Section 4. The Legislation has been corrected and incremented to Revision A. VMJGKWIALK/vja Enclosure(s) 1 (,.3 3 Sca:kiwri.' .f ,1h1 r) x 1� File Number: 11633 City ofMiamIRCfI D Resolution R-22-O ,4 LegislatIol cE O; • CITY r`CF t p,�F, `::.::. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigay.com 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-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 City of Miami Page 1 of 3 File ID: 11633 (Revision: A) Printed On: 5/3/2022 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 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 cf 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 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 clairreed, 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). -<-11 J •.l c t0 `r71ni CO 1 The herein authorization is further subject to compliance with all legal requirements that ite m imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 0 City of Miami Page 2 of 3 File ID: 11633 (Revision: A) Printed on: 5/3/2022 File ID: 11633 Enactment Number: R-22.0135 Section 4, This Resolution shall become effective Immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: dez, ity Attar 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 File 10: 11633 (Revision: A) Printed on: 5/312022 City of Miami Fit City Hall Le illation j3500 Pan American Drive # r q �sMiami, FL 33133 lit? N: iwww.miamigov.corn Resoiutionl�F, p File Number: 11633 :fry' ; wific E al Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, NTH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF NORTHWEST 26TH 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 severity 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 Cade"), 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 fora 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 adop r ? --� , a 1. CA) r 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. APPROVED AS TO FORM AND CORRECTNESS: y ' ttor ey 3/24/2022