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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16671 Date: 09/17/2024 Commission Meeting Date: 09/26/2024 Type: Resolution Subject: Authorize - FDOT Legal Authority Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, INCLUDING BUT NOT LIMITED TO ACTIONS REGARDING QUIET TITLE AND PUBLIC RECORDS, CONCERNING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"). Background of Item: On June 7, 1921, the Florida East Coast Railway Company ("FEC") conveyed all its rights, title, and interest to the City of Miami ("City") concerning that area encompassing Lot 19, which has been improved, operated, and maintained by the Department of Off - Street Parking, also known as the Miami Parking Authority ("MPA"), since said conveyance; and conveyance included all that strip or parcel of upland and submerged land bounded as follows: on the north by the center line of what was then known as Second Street and thereafter as Northeast Tenth Street if extended eastward to the channel of Biscayne Bay, on the east by the channel of Biscayne Bay, on the south by the center line of what was then known as Third Street and thereafter as Northeast Ninth Street if extended eastward to the channel of Biscayne Bay, and on the west by the east boundary line of what was then known as the Boulevard and thereafter as North Bay Shore Drive; and said conveyance also included all that strip or parcel of upland and submerged land bounded as follows: on the north by the south line of what was then known as Sixth Street and thereafter as Northeast Sixth Street if extended eastward to the channel of Biscayne Bay, on the east by the channel of Biscayne Bay, on the south by the south line of what was then known as Eighth Street and thereafter as Northeast Fourth Street if extended eastward to the channel of Biscayne Bay, on the west by the east boundary line of what was then known as the Boulevard and thereafter as North Bay Shore Drive; and soon thereafter said conveyance, a deed for the same was recorded on July 11, 1921, by Deed Book 266, Page 322; and thereafter said recording, the then State Road Department, now known as the Florida Department of Transportation ("FDOT"), performed construction to widen Biscayne Boulevard and formalize the medians that have remained in the City's possession and which have been maintained by and operated as public parking lots of the City to this very day through the MPA; in 1923, the Florida State Legislature established the System of State Roads and also designated Biscayne Boulevard one such state road; and for numerous years, FDOT has made statements concerning their ownership of said public parking lots. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office 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 City Clerk Reviewed B and Asset Management 09/17/2024 1:36 PM Budget Pedro Lacret Budget Leon P Michel Larry M. Spring Arthur Noriega V Valentin J Alvarez Natasha Colebrook -Williams Jihan Soliman George K. Wysong III Maricarmen Lopez City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review Deputy City Manager Review ACA Review Approved Form and Correctness Meeting Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 09/17/2024 3:45 PM 09/17/2024 4:43 PM 09/17/2024 7:52 PM 09/17/2024 8:00 PM 09/17/2024 8:00 PM 09/17/2024 8:21 PM 09/17/2024 8:29 PM 09/17/2024 8:30 PM 09/26/2024 9:00 AM 09/30/2024 2:39 PM City of Miami Legislation Resolution Enactment Number: R-24-0370 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16671 Final Action Date:9/26/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, INCLUDING BUT NOT LIMITED TO ACTIONS REGARDING QUIET TITLE AND PUBLIC RECORDS, CONCERNING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"). WHEREAS, on June 7, 1921, the Florida East Coast Railway Company ("FEC") conveyed all its rights, title, and interest to the City of Miami ("City") concerning that area encompassing Lot 19, which has been improved, operated, and maintained by the Department of Off -Street Parking, also known as the Miami Parking Authority ("MPA"), since said conveyance; and WHEREAS, said conveyance included all that strip or parcel of upland and submerged land bounded as follows: on the north by the center line of what was then known as Second Street and thereafter as Northeast Tenth Street if extended eastward to the channel of Biscayne Bay, on the east by the channel of Biscayne Bay, on the south by the center line of what was then known as Third Street and thereafter as Northeast Ninth Street if extended eastward to the channel of Biscayne Bay, and on the west by the east boundary line of what was then known as the Boulevard and thereafter as North Bay Shore Drive; and WHEREAS, said conveyance also included all that strip or parcel of upland and submerged land bounded as follows: on the north by the south line of what was then known as Sixth Street and thereafter as Northeast Sixth Street if extended eastward to the channel of Biscayne Bay, on the east by the channel of Biscayne Bay, on the south by the south line of what was then known as Eighth Street and thereafter as Northeast Fourth Street if extended eastward to the channel of Biscayne Bay, on the west by the east boundary line of what was then known as the Boulevard and thereafter as North Bay Shore Drive; and WHEREAS, soon thereafter said conveyance, a deed for the same was recorded on July 11, 1921, by Deed Book 266, Page 322; and WHEREAS, thereafter said recording, the then State Road Department, now known as the Florida Department of Transportation ("FDOT"), performed construction to widen Biscayne Boulevard and formalize the medians that have remained in the City's possession and which have been maintained by and operated as public parking lots of the City to this very day through the MPA; and WHEREAS, in 1923, the Florida State Legislature established the System of State Roads and also designated Biscayne Boulevard one such state road; and WHEREAS, for numerous years, FDOT has made statements concerning their ownership of said public parking lots located between the north and southbound lanes of Biscayne Boulevard; and WHEREAS, the City strenuously disagrees with said FDOT statements and finds it imperative to protect the City's interest in its property; and WHEREAS, the City Commission finds it in the best interest of the City's residents, businesses, and property owners to authorize the City Attorney to take any and all action(s) necessary to ensure the City's continued ownership and title to all property it has improved, operated, and maintained since 1921, via the MPA, and obtain all corresponding ownership documents as well; 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 City Commission hereby authorizes' and directs the City Attorney to take any and all action(s) necessary, in law or equity, including but not limited to actions regarding quiet title and public records, concerning FDOT. Section 3. This Resolution shall become effective immediately upon its adoption. 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.