PH.3 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 131 SQUARE FEET OF CITY OF MIAMI OWNED RIGHT-OF-WAY, IDENTIFIED AS PARCEL 101, LOCATED AT THE NORTHEAST CORNER OF SOUTHWEST 12TH AVENUE (STATE ROAD 933) AND SOUTHWEST 7TH STREET (STATE ROAD 90), MIAMI, FLORIDA, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”), FOR RIGHT-OF-WAY PURPOSES ASSOCIATED WITH FDOT FINANCIAL PROJECT NO. 447808-1; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE RIGHT OF WAY DEED, IN A FORM ACCEPTABLE BY THE CITY ATTORNEY’S OFFICE, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, TO EFFECTUATE SAID CONVEYANCE.

WHEREAS, the City of Miami (“City”) was deeded an approximately 131-square-foot parcel of land located at the northeast corner of Southwest 12th Avenue (State Road 933) and Southwest 7th Street (State Road 90), Miami, Florida, identified by the Florida Department of Transportation (“FDOT”) as Parcel 101 (“Parcel”); and

WHEREAS, the Parcel was conveyed to the City by The Church of Jesus Christ of Latter-Day Saints pursuant to a Right-of-Way Deed executed on March 10, 2014, and subsequently recorded on February 3, 2015, in Official Records Book 29487, Pages 407 through 410, of the Public Records of Miami-Dade County, Florida; and

WHEREAS, FDOT is currently undertaking a right-of-way project along State Road 90/United States Highway 41/Southwest 7th Street, identified as Financial Project No. 447808-1, and has determined that the Parcel is required as part of said right-of-way project; and

WHEREAS, FDOT has determined that because the Parcel lies within the right-of-way of State Road 90 and State Road 933, the Parcel should have been conveyed to FDOT rather than the City at the time of its original acquisition; and

WHEREAS, FDOT has requested that the City convey the Parcel to FDOT by City Deed in order to correct the ownership of the Parcel and vest title with the appropriate governmental entity; and

WHEREAS, Section 337.25, Florida Statutes, authorizes FDOT to acquire property necessary for transportation rights-of-way and to accept donations of land, and Section 337.29, Florida Statutes, provides that title to roads designated as part of the State Highway System shall be vested in the State and that local governmental entities shall issue a deed or right-of-way map to the State for lands vested for highway purposes; and

WHEREAS, the City Commission finds that the conveyance of the Parcel to FDOT for right-of-way purposes is in the public interest; and

WHEREAS, the conveyance shall be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami, Florida, as amended (“City Charter”);

NOW, THEREFORE, BE IT ORDAINED 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. Pursuant to Section 29-B(c) of the City Charter, the conveyance to FDOT of approximately 131 square feet of City-owned right-of-way, identified as Parcel 101, located at the northeast corner of Southwest 12th Avenue (State Road 933) and Southwest 7th Street (State Road 90), Miami, Florida, and more particularly described in the City Deed, attached and incorporated as Exhibit A, is authorized.

Section 3. The City Manager is authorized1 to execute the City Deed, in substantially the attached form, conveying the Parcel to FDOT, together with any and all other necessary documents, subject to the approval of the City Attorney as to form and correctness, and to take any actions necessary to effectuate the conveyance authorized herein.

Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.