HomeMy WebLinkAboutR-24-0370City of Miami
Resolution R-24-0370
Legislation
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
City of Miami Page 1 of 2 File ID: 16671 (Revision:) Printed On: 8/7/2025
File ID: 16671 Enactment Number: R-24-0370
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:
rge = . Wyy ng II[, C ty ttor -y 9/17/2024
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 2 File ID: 16671 (Revision:) Printed on: 8/7/2025