HomeMy WebLinkAboutR-75-07382
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7/24/75
RESOLUTION NO. 75�7M
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
TRANSFER, BY'QUIT CLAIM DEED, THE FOLLOWING
DESCRIBED IBED REAL PROPERTY SELL NG1NG TO THE C/TY
OP MIAMI, TO GORDON BROWNING AND OLGA BROWNING,
HIS WIPE; THE EAST 1/2 OP LOT 1, POMONA, AS
RECORDED IN PLAT BOOR 16, PAGE 75, OP THE PUBLIC
RECORDS 'OP BATE COUNTY, PLO tIDA, CONTAINING
3,596.25 SQUARE PEET, MORE OR LESS.
WHEREAS, the subject property was quit claim deeded
to the City of Miami on January 25, 1926 by Pomona Properties, Inc.
for street purposes only, with a revisionary clause if the property
was not used for street purposes; and
WHEREAS, said property has never been used for vehicular
traffic; and
WHEREAS, in 1975 Mr. and Mrs. Gordon Browning,
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;
and
WHEREAS, Florida Statute 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 is deeded for sixty consecutive
months, upon written demand from the grantor or the grantor's
successors; and
WHEREAS, the City has determined that the subject
property is not needed for street purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA;
Section 1. The City Manager be and he is hereby
authorized to transfer, by quit claim deed, the following
described real property belonging to the City of Miami, to Gordon
rowning and Olga Browning, his wife, the East 1/2 of Lot 1,
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POMONA, as recorded it Plat Soak 26, Page 75, of the Public
Records of Bade County, P1crida, containing 3,596.25 aguare feet,
more or leas.
PASSES AND ADOPTED this 31st day of Jul
19 75.
ICL.
CITY CLER
PREPARED AND APPROVED BY:
°i''�1ar �.,_,Y. _� Y•-tom-c. ��.
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
MAURICE A. FRRRE
APPROVED AS TO FO `ANDICORRECTNESS :
JOHN S. LLOYD
CITY ATTORNEY
MAYOR
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:3E1
R SOL JTION NO
7S938
A fi,SObUTICKv AU T HOi7I INC Ti1I CITY MANAErt TO
TAMAiSVER, BY. QUIT CLAIM bEtbl Tfl1 rottOWI1fG•
• DLscpan D RnAL PROPERTY I3%LOt4O1 r TO THE :CAT'?
OF I` IAAM I , 'C'C1 COPDON BROW'rAIG AnD OLG 1 tROis gIiv ,
flJ' tIII'1 TIiL, 'EAST 1/2 or 1.,& 1). PO OMA A8
RECORDED IN Pi T i3C)C) t 16# I.'AGE 75, OP`I` lla PUBLIC •
REC0RI)7 OV DDADE CO NT , FLOlz Dt, CONTAIN r.TyC4 • •
3,596.25 SQUA i;? E Ty. I40[ T OR
WHEREAS, the subject proprty w,is quit claim deeded
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to the City of Miami On January 25, 192E by I:'oi.t na Properties, Ind.
for :ILroet purposes only, with a revisionary clause if Elle property
was not Used for street purposes; and
WHEREAS, said property has never been used for vehicular
traffic; and
WHEREAS, in 1975 Air. rind Mrs. Gordon Browning,
owners of the Crest half of Lot 1 which is contiguous to the subject
property p,ti.tioned the City to deed the subject property to them;
and
WHEREAS, Floc _da Statute Suction 255.22 allows a
municipality to del ivc.r. a suit claim dead to property which ithas
received without valuable consideration and which :is not used for
the specific purpose for which it is deeded for sixty consecutive
months upon written demand from the grantor or the grantor's
successors; anti
WIiEREAS, the City has determined that the subject
property is not needed for street purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF-MIAMI, FLORIDA:
Section 1. The City Manager be and he is hereby
authorized to transfer_, by quit claim deed, the following
described real property belonging to the City of Miami, to Gordon
3rowning and Olga Browning, his wife, the East 1/2 of Lot 1,
« UpPORT1VE
DocUMENTS
FOLLOW"
"DOCUME•;T INDEX
ITEM N0.
CITY COMMISSION
MEETING OF
J U L 31 1975 RM;PomponNQ,?,5." 911�+y
REMARKS; ,>..,,,. , .,.., ,
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POMONA, as recorded in Plat Book 16, Page 75, of the Public
Records of V,Ae County, Flurl_da, containing 3,59(i.25 square feet,
More or less.
ASSED Al-ir.)2TED this 31 day of JUL.Y. . . . # •
1975.
ATTEST:
H, D. SOUtHERN
CUP; CLEM:
'60 • L • • • • • •
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLOYD
CITY ATTORNEY
"S[_Jr-)PC)Tr?TiVE
, , ,, ; , •
,\„" It, i ,i ,
..,,.....!-
•
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'e
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CM' OP MIAMI, F't.6RMA
HTITII.OFTICE MEMt RANbUM
't
Honorable Members of
City Cottitsfon
wdsflue,
Andrews
City Manager
he
111111.1111111111111111111
bAt+t_:
sutlit_ct:
� , 55 tittt:
teedittg of Land no Longer in
Public Use
htrtttt NtES:
€NtLosU€tt_s$ketch
On January 25, 1926, Pott;ona Properties, Inc. Quit Claim deeded to the
City of Miami, for street purposes the following described piece of
property:
The Bast half (t' of Lots one (1), twenty -sic
(26), tt3enty'seven (27) and fifty-two (52) of
Pomona, a subdivision as per Plat or Map thereof
filed in Plat Book 16, Page 75, of the Public
Records of bade County, Florida.
This property was never developed as a street and has become to be used
for parking of automobiles and boats by contiguous property owners. In
addition, unsightly debris has been allowed to accumulate which is a
source of complaints.
In March of 1975, Mr. and Mrs. Cordon Browning of 3851 Kumquat Avenue,
who are the owners of the property lying immediately west of Lot 1 of
Pomona, petitioned the City to deed to them that portion of Brooker
Street known as: the East 3 of Lot 1, Pomona, Plat Book 16, Page 75.
Their request to deed this portion of Brooker Street to them without
fee is based on two factors. These factors are
1. The deed from Pomona Properties, Inc. has a
reversionary clause which states that "this
Quit Claim Deed is given for the express
purpose of conveying the above mentioned
property for street purposes, and reserves
unto the grantor hereof the reversion and
reversions thereof whenever closed or dis-
continued in accordance to law."
2. Florida Statute 255.22 states:
"In event any party owning adjoining land,
shall convey real property, without receipt
of valuable consideration, to any municipality
or county for a specific purpose or use and
Page 1 of 2
"SUPPORTIVE
DOV!i1rr,
t "r
1 JLL '"
Honorable Members of the City Eott fission
Sub aett
betdift `of �tAnd_f o ton er_ % PAiblit Use eo ttirtued,
if such Bounty or tiutticipality shall fail to
use such property for such purpose for a
period of sixty consecutive months, then itt
that event upon written demand of the grantor
or grantor's successors it?t title owning sueh
adjoining land, the municipality or county may
e cetute and deliver a Quit Maim Deed to the
party making such demand provided such party
is the otter of land adjoining such property
oft at least one side"
The Law Department has researched this matter and is of the opinion that
Statute 255622 is applicable to this situation.
The Department of Public Works has no objection to the closing of
Brooker Street, and that the deed would have to be made to Pomona
Properties, Inc., or successors, and that no other property owner would
have any legal interest in the property.
Based on the data presented, it is requested that the proposed resolution
be adopted, deeding the property legally known as:
The East 1/2 of Lot 1, Pomona, as recorded
in Plat Book 16, Page 75,
to Mr, Gordon Browning and Wife Olga, subject to utility easement
restrictions.
cc - Honorable
Honorable
Honorable
Honorable
Honorable
Maurice A. Ferre, Mayor
J. L. Plummer, Jr., Vice -Mayor
Rose Gordon
Manolo Reboso
Theodore R. Gibson
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