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Home My WebLink AboutR-77-0381REEOLUTlON No.)748. A kESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER BY QUIT -CLAIM DEED, THE FOLLOWING DESCRIBED PARCELS OP REAL PROPERTY BELONGING TO THE CITY OF MIAMI: TO WIT: TO MS. MARTHA H. SHEPARD THE EAST i OF LOT 26; TO MS. DOLORES B. GELLMAN THE EAST z OF LOT 27; AND TO MR. DAVID F. ROBERTSON THE EAST z OF LOT 52, EACH PARCEL CONSISTING OF 3,526.25 SQ. FT., ALL LYING IN i‘IETHE POMONA SUBDIVISION AS RECORDED IN PLAT BOOK 16 AT PIPAGE 75 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, <, -iSUBJECT TO A PERPETUAL UTILITY EASEMENT IN AND TO THE y ; t O CITY OF MIAMI, FLORIDA. z : 0; fIf WHEREAS, the subject property was deeded by,Quiti,Claim Deed to the City of Miami, Florida on January 25, 1926 by Pomona Properties, Inc., or .street purposes only, with a reversionary clause if the property:wer•e not used for street purposes; and WHEREAS, Ms, Martha H. Shepard, owner of the West of Lot 26; . . Dolores B. Gellman, owner of the West of Lot 27; and Mr. David F. Robertson, owner of the West k of Lot 52, all lots being contiguous to the.. subject property, have requested that the City of Miami, Florida deed the property to the respective owners; and WHEREAS, Florida Statute Sec. 255.22 allows a municipality to deliver a Quit -Claim Deed to property which it has received without valuable consideration and which is not used for the specific purpose for which it is deeded for sixty (60) consecutive months, upon written demand of the grantor or grantor's successors; and WHEREAS, the subject property has never been used for vehicular traffic; and WHEREAS, the City of Miami has located on the subject property and must therefore retain a uti.h.ty easement; NOW, THEREFORE, BE IT RESOLVED BYTHE COMMISSION OF THE CITY OF FLORIDA; ' OC! M►-7 INDEX ITEM NO CITY COMMISSION MEETING OF APR2 81977 sommorm geetion is The City Manua and he is hereby alitEt i a 6 transfer by :Quit Cl it Ned the follow .1tg pates . t Atal Property belonging to tht City) to it: e.' astof tot 26, The-Eastk of ,.tot 27 The East kZ of tot 52, Potiiotia 5ubdiVision3 as retordad it Flat Book 1.6. Page 75 of the Public records of Dade County) Florida subject to a perpetual utii.it:y easetriettt and other deed . restrictions in and to the City of Miamib to Martha Hs . Shepard, Dolores Be Gelltiati', David Fb Iobertson3 respectively. PASSED AND ADOPTED this _ $'.,.da ofPERIL - AUR ICE :4. ' FERRE MAYO ATTE T: O CITY CLERK PREPARED AND APPROVED BY: Michel E. Anderson Assistant City Attorney seph At CrASSit 'City Manager tees ti Gundetsbtl ',biretta 1 of F titihce r: r 111 1977 eed hg of Land iio lohger it Pubiio Use. Copy of Platt Sample uj:t Glaiiri Deeds On July 31, 1975, the City CdMmissioh did, by Resolution No. 75438, authori2e the City Manager to transfer by quit, -Claim Deed, a certain piece of property belonging to the City of Miami. This property, described as Brooker Street Extended, is a 25' strip, with the southern boundaries running from the North a of Loquat Avenue running Northerly and dead -ending 148' North of Kumquat Avenue. This property was Quit -Claim Deeded to the City on January 25, 1926 by Pomona Properties, Inc., for street purposes only, with a reversionary clause if the property was not used for street purposes. Brooker Street has never been used for vehicular traffic. In 1975, the owners of the West half of Lot 1 which is contiguous to the subject property, petitioned the City to deed the subject property to them. Florida Statutes Section 255.22 allows a municipality to deliver a Quit -Claim Deed to property which it has received without valuable consideration, and which is not used for the specific purpose for which it was deeded, for sixty (60) consecutive months upon written demand from the grantor or the grantor's successors. It was determined that the subject property was and is not needed for street purposes. We have now received letters from the owners of the contiguous pieces of property, Ms. Martha H. Shepard, Ms. Dolores B. Gellman, and Mr. David F. Robertson, who own the West of Lot 26, the West ji of Lot 27, and the West 2 of Lot 52 respective- ly, each owner requesting that the East 2 of Lot 26, the East . of Lot 27, and the East of Lot 52 - each parcel comprising of approximately 3,526.25 sq. ft., be deeded to them, since they are the successors to the original grantor of Pomona Subdivision. Based on the above cited Resolution and Florida Statutes, it is recommended that the City Manager be authorized to Quit --Claim Deed these 25' x 143', more or less, strips of land that are unused, to Ms. Martha H. Shepard; Ms. Dolores B. Gellman; and Mr. David F. Robertson, based on the precedent that was established, and subject to certain conditions as outlined in the sample of the Quit••Claim Deed herein attached. Attached for your review, is a copy of the Resolution and a Copy of the Plat of. the Pomona Subdivision, with the subject properties identified. attachments: as stated JEG;DRS:et 4.- re, 73Jec-r- C3 ) 31c14.4 far]it1 4l,4CW /ILL r t tN 81*.. % ,4[Jt it2.1t i Si St. i .• p,.)^, i •p. P M" trA .PIEJt449,fi'f hie;AS44n 1Yt• i"('2.iro+V A_ i"r).•[head. ' .J . i),'t i y ;n:,eF'it.t, t fl i' "1:Y}.. S,iArt ,. oe Ttakifii brig lot t'd',i4.. Za ..{ it.i'! a' i:"i 6,... t04/.l ♦t. / , I'Ct1 CAff► .th#',.tJ...1"A?in4 /.5t. SJ.t •1,. 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SO . • Ja L 7t. 44 43 46 47 48 49 JO -1 5ce , . i .v .. - . .. .. .. . i•r 47/. A S u000v/slorr or Mt S/2 ..S.ti•/4,N£/.,SEA & N/2,M1//4, .S£/..S£/#, . Secrloa 20-$4.41. .Scale /" : 60'. Al ay /925'. Loc14 rho e-criT • Ste ear` 2,.o.u. Iran • .w• e • iC.vi.ovflL.M[N 13Y Tota,-P, usiir - . n.lr rho P.'MJ+A PseahrR r,LS f nCORrJRA rrc, a C'o.shomN..hs creole, • an/ rs.t✓y uno'r t:.t /arl, .of /heSrRr[ o: ftcht•(...hos caus•d Io 6e• „ad• art.'., ed plot of :POMCttfi ;. the ,;J..,r derny. Ale $/>s :/ Me, 549.:/ the Nf/o o/ te. Sets ,an,, tr- /YN : / te. ht/le et the. 1 # after* • of .iect,o►r 2J-Towwsa•p54Saurh - Rae/e 4l foss cf ,Oodsd Thor a•, Srr•ers.floads o..d Nr•.•urt theree.• rhea* or• Pere!, ceo._aled to the •-'ir,✓rr,.a1 Use of "he Plab s.c for p..ra,Jh,es,ers err. 9 however ro ,lse,f. ,rs su c.rssars and a.s j,•t -h e' e.,erer-o' and a•-.-err:Jns trerro/ WA enerer CtoJed or J,t Cawr.-,:1 ,w acc .r•ria,ICe ...tn L.9 w. Iw W,1dt.os WAereol the Jo.d (, srpeeot on has caused for re Presto's Ito ae J,ined, ,n ,rs wo,ne, aj..t$ dalj aurhee•s re a//.c•rr �. .--a. Its Cohpar ? Seal to be aff.,ed. a1rest.. a bf. sfs Secretor) t4.s /4•boy Jf •!lt ft° /915. • S'yner,Seo/as onT Or,,ver.3 O0,110NA P.PCPE.e7/fi / er.efi .ZA7fD' reseher o/ :- By • . flyrtcr _(Csr (..",„6/4 / • Srw.e .../.os.a..) ss,, CJVMr► •• Dao[ r Do1/[RLa,CgRhr► Inat JwA•es day N..•J .a ,j, op..art4 OefJre or,. as ,r/.e rr. du ,✓ au rn -rro ro 'a !J/sr ach. .reed r..r.rs. B'r..ee• RN R'co . res;r'r,velywor.s.otot and Stcre'Sri of stria; Ponoaw PNo.ris. [a INCan OOR•.row. a carporot.a.. or P.•ar.da.la ant kwrw.. 1.b. or the doer.: *or de...psofre as seen olf.cers .vh: ear.ute# so.Ota.caf,o,r 1.r.tae owe-1a,f of sold Caipo.ar,ow. and duly Oeme a.e0901 before mtr tn.,I they eeecu►ed the saw,e freell oho' volawfaraf.as such. *Mc ems.. ....In /ur1 ournoraty sJ r: eel i.•a •• •,' so.$ Dta,ro' en is the art f)01'61.0 of so,e Corpoear.aa. - W,►nrss At, l,oa,J ans oef,-,a1 seal !Ass /4'S'aj. ,f Orgy RQ/.925: ..... • .,.,•. ..e.•I. . ..• .a..+ c .....::'.... 1 her%oj Grrl:fj /PJ/ tins PNr ra$- •1••a.. frc ». . ..r,,. of a. rr. awe y ,hale unite' .hy. soOtrr,:.oh h°f}t ie uSxE. August t; . 1 FILe Gle Phi g t-14 � e ui1� ��aiftt i�ei��s f Mhil titv474. Aistettt Finditae b` ector Risk Ma&iemetif Foryour �� ;inforination.,andrecordsattached; please. find the following copies of.Qtlit»' Claittn Deeds a) Doris ; B. Gelltnan. b)'..David F. Robertson: c)Martha H. Shepard in connection with Brooker Street (Pomona .properties. The originals, have been forwarded to the proper individuals with the request that upon recordation) Book and Page numbersbe furnished this office. Uponreceipt of same, this office shall furnish you with the information for your files. ptt TT`aAi Lb1 b 610 iNDENTtfRE) Made this e / day of , 1977, between the ITV P'MIAMI, a municipal corporation under the law of a State of Florida (hereinafter caned the "GRANTOR"), and MARTHA H. SHEPARD (hereinafter called the ($la,0O) I N E S S E ;T It That and other good and valuable considerations to it in hand paid by the for and in consideration of the sum of rent bollard GRANTEE, the receipt of which is hereby acknowledged, does hereby remise, release and quit -claim unto the GRANTEE all the right, title, interest, claim and demand which the GRANTOR has in and to the following parcel of land, situate, lying and being in the County of Dade and State of Florida, and described as follows,: to wit: East k of Lot 26, POMONA, as recorded in plat Book 16, Page 75, of the Public Records of. Dade County, Florida, containing 3,596.25 square feet, more or less To have and to hold the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title,. interest, liens,equity and claim whatsoever of the GRANTOR, either in law or equity, to the proper use, benefit and behoof of the GRANTEE, subject following provisions and conditions: The East six (6) feet and the South six (6) feet of the above described property will be retained asla permanent easement for the purpose of install- ing, maintaining and repairing public utilities now in place or to be placed in the above described property. The GRANTEE shall agree not to erect or cause to be erected any permanent buildings, walls or struc- tures within the limits of this easement. The GRAnts may use this easement as yard area and may,'at his own risk, plant trees, shrubs and grass therein and bear the cost of its removal. and repl.ace- ment if in the event its removal is necessary, IN W1LSE Ped � the CITY has caused �"H�.� i�ee'� to be e�teoll� ii ita behalf by its City Manager aitd attested by its City Clerk atd tts official seal affixed Oft the day and year above written. THE CITY 0? MIAMI, a Muhitipal Corporation of the State of Florida OSE . R. ? SIE, CI CM: CI1 OF M I FLORIDA Signed, Sealed and Delivered its is presence • fle / to Jo e R. Gras ATTEST: R.G. • e, City Clerk City of Miami, Florida 2 As to G, Ong.te age of 'SUPPORTIVE: OC t NTS FOLW� STATE Pthkl A SSi tbt rt b liAb f Dior The foregoing instrument Was eekttoWledged before me this/'day • /, STATE OP FLORIDA CoUNTY OR DADE 1977) by JCSEPH CitASEIE, City Manager, City of Miami, SS: 1 otary Public, St f lotida at Large Ii6fary Pu I ' . • • / f n My Cenuaittion `• ' ''i s ilingig by Atootkon fire ♦ Gw.u•.t.g Ak The foregoing instrument was acknowledged before me this) day I If , 1977, by RALPH G. ONGIECity Clerk, City of Miami, Florida. My Commission Expires: Notary Public, Stotts of Florida of largo My CororwAaoe Explmo. ;ov CasualimCol 411 (42 Notary Public, =te of Florida at Large APPR�ppo AS TO FORM AND CORRECTNESS:APPROVED AS TO DESCRIPTION: MAI G ORGE KNOX, City v A GCrltot,-, / lX•L/K.F�.r� William E. Parkes, Acting Director Department of Public Works . ney This Instrument executed pursuant to Resolution No. , p _77 381passed and adopted '. 4-28-77 • This Instrument Prepared ay;- MICHEL E. ANDERSON Assistant City Attorney Department of Law 174 E. Plagler Street Miauti, Florida 33130 "SUPPORTIVE TIVE DOCUMENTS FOLLOW" AJ . LAIN /a THIS INDENTURE, trade this/ day of ", , 1977 bettaeet the ITY Op t4IAr9I, a municipal corporation under the aws of the State of Plorida (hereinafter called the "GRANTOR"), and DORIS B. GELLMAN (hereinafter called the "GRANTEE"); WITNESSETH That the GRANTOR, for and in consideration of the Sum of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by the GRANTEE, the receipt of which is hereby acknowledged, does hereby remise, release and quit -claim unto the GRANTEE all the right, title, interest, claim and demand which the GRANTOR has in and to the following parcel of land, situate, lying and being in the County of Dade and State of Florida, and described as follows, to wit: East k of Lot 27, POMONA, as recorded in Plat Book 16, Page 75, of the Public Records of Dade County, Florida, containing 3,596.25 square feet, more or less To have and to hold the same, together with all and singular the appurtenances thereunto belonging or in anywide appertaining, and all of the estate, right, title, interest, liens, equity and claim whatsoever of the GRANTOR, either in law or equity, to the proper use, benefit and behoof of the GRANTEE, subject to the following provisions and conditions: The East six (6) feet and the North six (6) feet of the above described property will be retained as a permanent easement for the purpose of install- ing, maintaining and repairing public utilities now in place or to be placed in the above described property. The GRANTEE shall agree not to erect or cause to be erected any permanent buildings, walls or struc- tures within the limits of this easement. The GRANTEE may use this easement as yard area and may, at her own risk, plant trees, shrubs and grass therein and bear the cost of its removal and replace- went if in the event its removal is necessary. pogo L of 2. "SUPPOnVE DOCUMENTS FOLLOW" IN WITNESS WittitOri the CITY has caused this deed to be executed itt its behalf by its City Manager and attested by its City Clerk attd its official seal affixed Oft the day and year above Written, Ng CITY oP MIAMI, a Municipal corporation of the State of Florida CIT' OF IAMI, FLORIDA STATE OP PLOSIbik COUNTY OP bAliE _ before the this ._. V day The foregoing it�strut�ettt teas acknowledged f ,,,�� Y 1977, by JOSEFtt R. GkASSIE, City Manager, City of Miami, Florida. 4otary Pub ic,ate of Florida at Large Notary Public, SioN of Florida of lairr My Commission Emot►ss, Nov. 22, 1171 !boded by Am/ricon Firs & Cavell CI, COUNTY OP BADE Theforegoing instrument was acknowledged before me this, day 1977,by RALPH G.,ONGIE, Ctty'Clerk,`City of Miami, Florida. ` My:Commission. Expires :.' Notary ►srbtte, INN of Marlda of L ogi My Commission Expires Nov. log lui MAdsol b�Aasrlono fin f Coattail, lib GEORGE D AS TO'FORM AND CORRECTNESS: APPROVED 'AS TO•. Db.SCRIPTION:', KNOX, City A ne William E.:,Parkes, Acting Director'.. Department of Public Works tesoJ u,tion, This Instrument Prepared By; NICHE, E. ANDERSON Assistant City Attorney. Department of Law 174 E. Fluster Street Miami, Florida 33130 `f'OhAtMJ EEIL Atia THIS iNOB-T E made this , / day of ��, (ii , 19M between THE CITY OP MtAMI, a municipal corporation under 'tie laws of the State of Plorida (hereinafter called the "GRANTOR"), and bAVlb Po ROBERTSON (herein- after called the "GRANTEE"); WITNESS E T H That the GRANTOR, for and in consideration of the su+m of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by the GRANTEE, the receipt of which is hereby acknowledged, does hereby remise, release and quit -claim unto the GRANTEE all the right, title, interest, claim and demand which the GRANTOR has in and to the following parcel of land situate, lying and being in the County of Dade and State of Florida, and'. described as follows, to wit: East 'k of` Lot. 52, POMONA, as recorded 'in Plat. Book 16,'`Page 75, of'the.Public Records of Dade County, Florida, containing 3,596.25 square feet, more or less To have and to hold the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, liens, equity and claim whatsoever of the GRANTOR, "either in law or equity, to the proper use, benefit and behoof of,. the:;GRANTEE, subject to the following provisions and conditions: The East six (6) feet and the South six (6) feet ;:of the above described property will be retained 44.8a permanent easement for the purpose of instal/7. ing, maintaining and repairing public utilities now:. in place or to be placed in the above described, property. The GRANTEE shall agree not to erect or cause to, beerected any permanent buildings, walls or struc7 tures within the limits of this easement. 'lh, GRANTEE may use thit easement as yard area and 'may,• at his own risk, plant trees, shrubs and grass therein and bear the cost of its removal and replace"; Pent if in the event its removal is necessary, rage; of . 2 "- .I TI E DL.Gi.ilr?iEN 1 S F L+ 0 y Y" I 11UI'1`_ :G ,A.I,M,:MED_ �'''`da. of . . 1977 r between fit�1S 1N�iEN`��tE it�ade�. thi � THE CIT ' O MIAMI, a municipal corporation under e laws of the State of Plorida(hereinafter called the "GRANTOR"), and DAVID Ve RO$ERTSON (heteitif after called the "GRANTEE"); I T N E S.S E r.n i ` of the `sum of Ten DO -liars ". That the GRANTOR for and in.consideration ($10.00) and other good and valuable Considerations to it in hand paid by the 'GRANTEE, the receipt of which is hereby acknowledged, does hereby remise, release and quit -claim unto the GRANTEE all the right, title,interest, claim and demand which the GRANTOR has in and to the following parcel of land,. situate ,.lying and being in the County of Dade and State of Florida, and., described as follows,. to wit: East of Lot 52, POMONA, as recorded in Plat Book 16, Page 75, of the Public Records of Dade County, Florida, containing 3,596.25 square feet, more or less To have and to hold the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, liens, equity and claim whatsoever of the • GRANTOR, 'either in law or equity, to the proper use, benefit and behoof of. the GRANTEE, subject to the following provisions and conditions: The East six (6) feet and the South six (6) feet of the above described property will be retained as a permanent easement for the purpose of install- ing, maintaining and repairing public utilities now ,in place or to.be placed in the above described Property. The GRANTEE shall agree not to erect or cause to., be. erected any permanent buildings, walls or struc tures within the limits of this easement. Thp GRANTEE may use this easement as yard area and may,.at his own'risk, plant trees, shrubs and grass therein and bear the cost of its removal and replace!;: went if in the event its removal is necessary. �1 LA\TIVE DCCUP,IENTS J� R.. SIE,.:CITY MAN CITY:' OF M I, FLORIDA . VIM 'OPPLORIbA g ing instrument, was, acknowledged•, before' uie 'this f "day Theforeo , 1977,. by R. ° G. ONCIE, City C1e/ City of Miami, Florida.. AS." TO `H'ORM AND ,CORRECTNESS: ; :APPROVED AS TO.•DESCRI-PTION% •William'.E Parkes,';Aeting Directo ° Department`.;of Public :Works This„Ins trtiment Prepared MICREL E.. ANDERSON Assistant City Attorney:, Department of Law 174 . Plagler Street M ►i,. Florida 33130