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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12494 Date: 08/29/2022 Commission Meeting Date: 10/13/2022 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 1 Type: Resolution Subject: Accept - Quit Claim Deed - NW 35 Street Purpose of Item: A Resolution, pursuant to Section 255.22 of Florida Statutes, to vacate, discontinue, and abandon a portion of the northern side of Northwest 35th Street between NW 14 Avenue and NW 15 Avenue, more particularly described in Exhibit A, containing approximately 401 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 dedicators, Jerome Strauss and Mabel M. Strauss, his wife, and authorizing and directing the City Manager to execute a quit claim deed, in a form acceptable to the City Attorney, in favor of TCG Allapattah 14, 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 May 2, 1958 through execution of warranty deed as recorded in Officials Record Book 839, Page 179, and Officials Record Book 2896, Page 501 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 is NOT funded by Bonds Item is NOT Related to Revenue 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 City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Works 09/01/2022 11:07 AM Donovan Dawson Marie Gouin Nzeribe Ihekwaba Arthur Noriega V Valentin J Alvarez Elizabeth Hernandez Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed Budget Review Completed Deputy City Manager Review Completed City Manager Review Completed Legislative Division Review Completed ACA Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 09/02/2022 10:57 AM 09/02/2022 12:16 PM 09/06/2022 2:09 PM 09/07/2022 4:13 PM 09/14/2022 11:13 AM 09/20/2022 4:44 PM 09/23/2022 10:39 AM 10/13/2022 9:00 AM 10/21/2022 2:32 PM 10/21/2022 3:45 PM 10/21/2022 3:45 PM City of Miami Legislation Resolution Enactment Number: R-22-0381 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12494 Final Action Date:10/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE NORTHERN SIDE OF NORTHWEST 35TH STREET BETWEEN NORTHWEST 14 AVENUE AND NORTHWEST 15 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 401 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF TCG ALLAPATTAH 14, LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. WHEREAS, TCG Allapattah 14, LLC ("Owner"), is the owner of the property located at 1495 Northwest 35 Street ("Property") in the City of Miami ("City"); and WHEREAS, on May 2, 1958, the Owner's predecessor -in -interest executed a warranty deed recorded in Official Records Book 839, Page 179, and Official Records Book 2896, Page 501 of the Public Records of Miami -Dade County ("Warranty Deed") conveying a portion of the Property alongside Northwest 35 Street ("Conveyed Property") to the City, as more particularly described in Exhibit "A," attached and incorporated, "for street widening purposes"; and WHEREAS, Section 255.22(1), Florida Statutes, provides that for property conveyed to a municipality or county prior to October 1, 1984, a municipality or county may reconvey such property to an abutting owner making 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 the Conveyed Property for street widening purposes or maintained the Conveyed Property for a period in excess of sixty (60) consecutive months; and WHEREAS, the Conveyed Property is not necessary for street widening purposes as Northwest 35th Street abutting the Property is already dedicated to its full fifty -foot (50') width required by Section 54-187 of the Code of the City of Miami, Florida, as amended ("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 to the City 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 four hundred and one (401) square feet, abuts Northwest 35th Street, is non -waterfront property, is non -buildable by itself, and is to be conveyed to an abutting owner, thereby meeting the exceptions 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 conveyance 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. The Conveyed Property, as more particularly described in Exhibit "A," attached and incorporated, containing approximately 401 square feet, is hereby vacated, discontinued, and abandoned as public right-of-way. Section 3. The City Manager is authorized to execute a quit claim deed, in a form acceptable to the City Attorney, for 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 adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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.