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Resolution: R-19-0454
File Number: 6610 Final Action Date: 11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE
NORTHERN SIDE OF NORTHWEST 35TH STREET EAST OF NORTHWEST
14TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING
APPROXIMATELY 275 SQUARE FEET; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA
STATUTES, IN FAVOR OF ALLAPATTAH VENTURES LLC, A FLORIDA
LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE
ORIGINAL DEDICATOR.
WHEREAS, Allapattah Ventures LLC, a Florida limited liability company ("Owner'), is
the owner of the properties located at 1385 Northwest 35th Street and 1392 Northwest 36th
Street ("Property") in the City of Miami ("City"); and
WHEREAS, on June 14, 1957, the Owner's predecessor -in -interest executed a
warranty deed recorded in the Official Records at Book 329, Page 112 of Miami -Dade County
("Warranty Deed") conveying a portion of the Property alongside Northwest 35th Street
("Conveyed Property") to the City, as more particularly depicted in Exhibit "A," attached and
incorporated, for "installing such improvements as storm sewer, curb, gutter and sidewalks";
and
WHEREAS, Section 255.22(1), Florida Statutes, provides that for property conveyed to
a municipality or county prior to October 1, 1984, a municipality or county may reconvey such
property to an abutting owner making a demand for the same if such property was conveyed to
the municipality for a specific use, without receipt of valuable consideration, and the
municipality or county failed to use such property for such a purpose for a period of sixty (60)
consecutive months; and
WHEREAS, the City has not constructed the improvements contemplated in the
Warranty Deed or maintained the Conveyed Property for a period in excess of sixty (60)
consecutive months; and
WHEREAS, the Conveyed Property is not necessary for road widening purposes as
Northwest 35th Street abutting the Property is already dedicated to its full fifty -foot (50') width
required by Section 54-187 of the Code of the City of Miami, Florida, as amended ("City
Code"); and
WHEREAS, the Owner desires to redevelop and re -plat the Property and wishes to
utilize the Conveyed Property; and
City of Miami Page 1 of 2 File ID: 6610 (Revision:) Printed On: 12/13/2019
File ID: 6610
Enactment Number: R-19-0454
WHEREAS, notwithstanding the usual requirement that vacations and closures of
rights-of-way be accomplished by the platting process described in Chapters 54 and 55 of the
City Code, State law, as described above, allows for such a conveyance as the Conveyed
Property was conveyed to the City by deed and not dedicated to the City by plat; and
WHEREAS, to the extent implicated by the Charter of the City of Miami, Florida, as
amended ("City Charter'), the Conveyed Property contains approximately two hundred
seventy-five (275) square feet, abuts Northwest 35th Street, is non -waterfront property, is non -
buildable by itself, and is to be conveyed to an abutting owner, thereby meeting the exceptions
found in Section 29-B(f) of the City Charter; and
WHEREAS, the City Commission finds it in the best interest of the City to authorize the
conveyance of the Conveyed Property to the Owner in order to facilitate redevelopment and
divest the City of unnecessary right-of-way and unusable property;
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 Conveyed Property, as more particularly described in Exhibit "A,"
attached and incorporated, containing approximately 275 square feet, is hereby vacated,
discontinued, and abandoned as public right-of-way.
Section 3. The City Manager is authorized' to execute a quit claim deed, in a form
acceptable to the City Attorney, for the Conveyed Property, as more particularly described in
Exhibit 'A" attached and incorporated, pursuant to Section 255.22(1), Florida Statutes, to the
Owner or its successor -in -interest or assign(s).
Section 4. This Resolution shall become effective immediately upon adoption
and signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
i' ria i 'nd� ez, (;iky Attorney ____) 10/24/2019
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from
the date it was passed and adopted. If the mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 6610 (Revision:) Printed on: 12/13/2019