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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13285 Date: 01/17/2023 Commission Meeting Date: 01/26/2023 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 5 Type: Resolution Subject: Accept Quit Claim Deed - West Side of 220 NW 27 Street Purpose of Item: A Resolution, pursuant to Section 255.22 of Florida Statutes, to vacate, discontinue, and abandon the west 10 feet of the property located at 220 NW 27 Street, more particularly described in Exhibit A, containing approximately 2000 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, and authorizing and directing the City Manager to execute a quit claim deed, in a form acceptable to the City Attorney, in favor of ASG WYNWOOD 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 through execution of warranty deed as recorded in Deed Book 621, Page 402 for the specific purpose of usage as a public alley. The City never used the deeded land as a public alley. No alleys exist to the north or south of the Property; this is an isolated public alley. The conveyed property is not necessary for the purpose of a public alley. The conveyed property is not buildable by itself and is not a waterfront property. Notwithstanding the platting requirements for vacation and closure of a 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 Legislative Division City Manager's Office 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 01/17/2023 12:32 PM Donovan Dawson Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V 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 Legislative Division Review Completed City Manager 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 01/17/2023 12:42 PM 01/17/2023 12:46 PM 01/17/2023 5:18 PM 01/17/2023 5:38 PM 01/17/2023 8:18 PM 01/17/2023 8:25 PM 01/17/2023 8:37 PM 01/26/2023 9:00 AM 02/02/2023 4:08 PM 02/02/2023 4:23 PM 02/02/2023 4:23 PM City of Miami Legislation Resolution Enactment Number: R-23-0047 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13285 Final Action Date:1/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE 10 FOOT PUBLIC ALLEY LOCATED ON THE WEST SIDE OF THE PROPERTY AT 220 NORTHWEST 27 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 2000 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 ASG WYNWOOD LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. WHEREAS, ASG Wynwood LLC ("Owner"), is the owner of the property located at 220 Northwest 27 Street ("Property") in the City of Miami ("City"); and WHEREAS, the Owner's predecessor -in -interest executed a warranty deed recorded in Deed Book 621, Page 402, of the Public Records of Miami -Dade County ("Warranty Deed") conveying a portion of the Property ("Conveyed Property") to the City, as more particularly described in Exhibit "A," attached and incorporated, "for a public alley"; 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 the purpose of a public alley or maintained the Conveyed Property for a period in excess of sixty (60) consecutive months; 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 two thousand (2000) square feet, 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 2000 square feet, is hereby vacated, discontinued, and abandoned as an alley. 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: ndez, ity Attor ey 1/17/2023 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.