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Home My WebLink AboutR-77-0273RESOLUT/ON NO. A RESOLUTION DISCLAIM/NO PROPERTY PREVIOUSLY DEDICATED TO THE CIPY OP MIAMI tN ERROR; AND DIRECTING THE CITY MANAGER AND CITY CLERK g0 EXECUTE AND DELIVER TO THE PRESENT At'PERTAtN= INC OWNER, A QUIT CLAIM DEED CONVEYING THE SOUTH ONE..1iAL1 OP LOT 2, LESS THE EASTERLY 16 EEE1 THEREOF, OP LEHMANN"S SUE.' DIVISION, AS RECORDED IN DEED BOOR 340, AT "SUPPORTIVE RAGET144 , OF THE PUBLIC RECORDS OF BADE CUNY, DOCUMENTS FOLLOW" WHEREAS, on February 15, 1951, the City of Miami received a deed intended to dedicate a strip of land from private property needed to bring S.W. 22 Avenue to its fully zoned width; and WHEREAS, in its description said deed appeared to convey more land than was intended or required by the City of Miami; and WHEREAS although a second "correction" deed was tendered, it still did not rectify the initial inaccuracy; and WHEREAS, the present owner has requested that the City of Miami disclaim its interest in the land which was inadvertently conveyed in excess of the dedicated public right-of-way required by the City of Miami; and "DOCUMENT ; INDEX lTrkl NO (.. t� WHEREAS, said owner requires such disclaimer in order o quiet title to the aforesaid "excess" portion of his property upon which he has been paying the ad valorem taxes; and WHEREAS, the Department of Public Works of the City of Miami has investigated this matter and supports the owner's request that the aforesaid excessively conveyed area should be released; and WHEREAS, it is now in order for the City Commission to agree to release the aforesaid parcel of land not needed by the City for public right-of-way, CITY CQMM, S ON MEETING .W MAR2 4 1977 RF otu71oN N1)r,.rJ, .. ;�, 404, THEREFORE, fl1 IT RESOLVED BY THE COMMISSION OP TiE CITY O MIAMI, FLORIDA; Section 1. The City of Miami, Florida, does hereby disclaim interest in and to the south one-half of Lot 2, less the easterly 16 feet thereof, of LEHMANN'S SUBDIVISION, according to the plat thereof, as recorded in Deed took 340, at Page 144, of the Public Records of Dade County, Florida. Section 2, The City Manager and City Clerk of the City of Miami, Florida, are hereby authorized and directed to execute and deliver to John DIAmato, Margaret Norris and Anna Palo:ley, a quit claim deed releasing whatever interest that the City of Miami, Florida has in and to the property described in Section 1 herein - above. PASSED AND ADOPTED this 24TH day of MARCH 1977, • 4-7 *475 City Clerk PREPARED AND APPROVED BY: , ASSISTANT CITY ATTORNEY API" AS TO FORM AND RECTNESS: 1 Ge ge F, ox, Jr. C ty A t rney MAuRtrF A, FFRRF MAYOR g \, U‘,.) 11)1 Or. Joseph Rt Crassie City Manager /J William E. i'arlkel: .j/4- (* Acting Ditector Department of Public Works ki 1'►t rho ;Match 11, 1977 Central Resolution " Diselaimer Deed for Land Dedicated to City in Error (D 1Amato m C,W. 22 Avenue) On rebruary 15, 1951, the City received a deed intended to dedicate the necessary tight -of -way from two contiguous lots so that S.W. 22 Avenue could be brought to its fully zoned width. The deed description, however, was ambiguous and appeared to have conveyed more land from one of the lots than was necessary to the City. A subsequent recorded "correction" deed still fell short of rectify- ing the initial inaccuracy. We have not' received a request from the present owner who is presently trying to sell his property for a disclaimer deed which would "quiet" the title to that portion of dedicated property not intended, nor required by the City, for public right-of-way. Having investigated this matter, we find that the owner has been pay- ing the ad valorem taxes on this portion of land in question, and support the owner's request for a disclaimer deed. It is now in order for the City of dedicated land not needed by deed releasing interest therein Commission to disclaim that portion the City, and to grant a quit claim to the present owners. THE DEPARTMENT OF PUBLIC WORKS RECO:VENDS ADOPTION OF THE ATTACHED RESOLUTION CAUSING THE CITY OF MIAMI TO DISCLAIM INTEREST IN THE SOUTH ONE-HALF OF LOT 2, LESS THE EASTERLY 16 FEET THEREOF, OF LEHNANNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN DEED BOOK 340, AT PAGE 144, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND DELIVER TO THE APPERTAINING OWNER A QUIT CLAIM DEED THEREFOR WEP:ACB: j t fit(,* PPORT VE C ~'; i t1 • 1 i O t I ts fi A e9 *444446 A nit city. O% MIAMI COUNTY OF bA1 , STATt Off' PLORIbA Tttts Qutt-CLAtMt OEt n, blade this day of , 19 , by and between I`1-f1: C/TY OF MIAMI, a municipal corporation of the State of Florida, in the County of bade, of the first part, as grantor, and JOHN D 'AMATO, MARGARET NORRIS acid ANNA PALONEY of the County of in the State of , of the second part, as grantee (the word "grantee" Meaning either singular or plural and including the heirs, assigns, personal rep- resentatives and successors thereof, where the context so requires or admits): WrrNt:ssETrt: That the grantor, for and in consideration of the sum of One Dollar ($1.00) paid by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has remised, released and quit -claimed, and by these presents does remise, release and quit -claim unto the: said grantee, all the right, title, interest, claim and demand which the grantor has in and to the following described land, situate, lying and being in the County of Dade, State of Florida, to -wit: The south one-half of Lot 2 less the easterly 16 feet thereof, of LEHMANN'S SUBDIVISION, according to the plat thereof, as recorded in Deed Book 340, at Page .144, of the Public Records of Dade County, Florida To IiAVIi AN» TO IioLA the same together with all and singular the appurtenances thereunto belong- ing or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said grantor either at law or in equity, to the only proper use and benefit of the said .grantee forever, I WITNESS WIIr:RI:ov, The City of Miami, a municipal corporation of the State of Florida, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto, by its City Manager and its City Clerk, Moth theft unto duly authorized, this day of ............. , 19.... 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