2015-29049 Reso RESOLUTION NO. 2015-29049
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO
SECTION 82-37(a)(2) OF THE CITY CODE, SETTING A PUBLIC
HEARING TO CONSIDER APPROVING, ON SECOND
READING,THE TRANSFER, VIA QUIT CLAIM DEED, TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) THE
PROPERTY IDENTIFIED IN EXHIBIT "A," AS THE PROPERTY
HAS BEEN CONSTRUCTED UPON BY FDOT AND UTILIZED
AS A TURNING LANE FROM MICHIGAN AVENUE ONTO
ALTON ROAD; CONTAINING APPROXIMATELY 4,014
SQUARE FEET IN TOTAL AREA; FURTHER WAIVING, BY
5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS
AND INDEPENDENT APPRAISAL REQUIREMENTS OF
SECTION 82-39(b) OF THE CITY CODE, FINDING THAT THE
PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH
CONDITIONS; DIRECTING THE ITEM BE SENT TO THE NEXT
FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING;
AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO
PREPARE A PLANNING ANALYSIS PURSUANT TO SECTION
82-38 OF THE CITY CODE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has
already improved State Road No. 907, Item No. 429193-1, in Miami-Dade County,
Florida, otherwise known as the turning lane and intersection of Michigan and Alton
Road, Miami Beach, Florida; and
WHEREAS, it is necessary that certain property identified in Exhibit "A"
(hereinafter "Property"), currently owned by the City of Miami Beach, be acquired
by FDOT, as it appears that the turn lane from Michigan Avenue onto Alton
Road was constructed by FDOT on the Property and has been utilized and
maintained for years by FDOT; and
WHEREAS, the Property is not needed for City purposes, is already being
used and maintained by FDOT, and does facilitate transportation in the City; and
WHEREAS, FDOT has applied to the City to execute and deliver to the FDOT a
deed, or deeds, in favor of the FDOT, conveying all rights, title and interest to the
Property, as this area is required for transportation purposes; and
WHEREAS, it is necessary that this Property now owned by The City of
Miami Beach, Florida, be acquired by FDOT; and
WHEREAS, pursuant to Sections 82-37, the sale or transfer of City property is to
be referred by the City Manager to the Finance and Citywide Projects Committee; and
WHEREAS, pursuant to Section 82-38, of the City Code, the Planning
Department is to prepare a written planning analysis, to be submitted to the City
Commission concurrent with its consideration of the proposed conveyance; and,
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process and an independent
appraisal, these requirements may be waived by 517th vote; and
WHEREAS, as FDOT needs the Property as a turning lane, and has already
utilized the area as a turning lane and has maintained the area for some time, it is in the
City's best interest, for transportation purposes, to transfer title to the Property to FDOT;
and
WHEREAS, the City Administration recommends that the Mayor and City
Commission waive the competitive bidding requirement and independent appraisal
1 requirement, as permitted pursuant to 82-39(b) finding that the public interest is served
by waiving such conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 82-
37(a)(2) of the City Code, setting a public hearing to consider approving, on second
reading, the transfer, via quit claim deed, to the Florida Department of Transportation
(FDOT) the property identified in Exhibit "A," as the property has been constructed
upon by FDOT and utilized as a turning lane from Michigan Avenue onto Alton Road;
containing approximately 4,014 square feet in total area; further waiving, by 5/7ths
vote, the competitive bidding requirements and independent appraisal requirements of
Section 82-39(b) of the City Code, finding that the public interest would be served by
waiving such conditions; directing the item be sent to the next Finance and Citywide
Projects Committee meeting; and directing the City's Planning Department to prepare
a Planning Analysis pursuant to Section 82-38 of the City Code.
PASSED and ADOPTED this 10 day of June, 2015.
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Pursuant To
Section 82-37(A)(2)Of The City Code, Setting A Public Hearing To Consider Approving The Transfer,Via
Quit Claim Deed,To The State Of Florida Department Of Transportation(FDOT)The Property Identified In
Exhibit A, As The Property Has Been Constructed Upon By FDOT And Utilized As A Turning Lane From
Michigan Avenue Onto Alton Road; Containing Approximately 4,014 Square Feet In Total Area; Waiving
By 5/7th Vote, The Competitive Bidding Requirements And Independent Appraisal Requirements Of
Section 82-39 Of The City Code, Finding That The Public Interest Would Be Served By Waiving Such
Conditions; And Directing The City's Planning Department To Prepare A Planning Analysis Pursuant To
Section 82-38 Of The City Code.
Key Intended Outcome Supported:
Item Summary/Recommendation:
The State of Florida Department of Transportation (FDOT)has already improved State Road No. 907,
Alton Road with a turning lane at the intersection of Michigan and Alton Road. As identified in Exhibit
A ("Property") there is a sliver of land owned by the City of Miami Beach that contains the turning
lane which was constructed by FDOT on the Property and has been utilized and maintained for
years by FDOT. As FDOT needs the Property for a turning lane, and has already utilized the area as a
turning lane and has maintained the area for some time, it is in the City's best interest, for transportation
purposes, to transfer title to the Property to FDOT.
CURRENT STATUS
FDOT has applied to the City to execute and deliver a deed, or deeds, in favor of FDOT,conveying all
rights,title and interest to the Property. Pursuant to Sections 82-37,the sale or transfer of City property
is to be referred by the City Manager to the Finance and Citywide Projects Committee, which Committee
will hear the item on July 1, 2015. The Planning Department, pursuant to Section 82-38, of the City Code
has prepared a written planning analysis (Attached).
Although the City's procedures for the lease of sale or sale of public property also requires an advertised
public bidding process and an independent appraisal, these requirements may be waived by 517th vote.
The City Administration recommends that the Mayor and City Commission waive the competitive bidding
requirement and independent appraisal requirement, finding that the public interest is served by waiving
such conditions.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1
2 •
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
' r •.
Department.Director Assistant Ci ager City g y M f
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T:\AGENDA\2015\June\PUBLIC WORKS\FDOT vacation.Sum.doc
MIAMIBEACH AGENDA ITEM R7
DATE 6-to t�
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members oft e Ci Corm ission
FROM: Jimmy Morales, City Marla. rif(r ;
DATE: June 10, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PURSUANT TO SECTION 82-37(A)(2) OF THE CITY CODE,
SETTING A PUBLIC HEARING TO CONSIDER APPROVING THE TRANSFER, VIA
QUIT CLAIM DEED, TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) THE PROPERTY IDENTIFIED IN EXHIBIT A, AS THE
PROPERTY HAS BEEN CONSTRUCTED UPON BY FDOT AND UTILIZED AS A
TURNING LANE FROM MICHIGAN AVENUE ONTO ALTON ROAD; CONTAINING
APPROXIMATELY 4,014 SQUARE FEET IN TOTAL AREA;WAIVING BY 5/7TH VOTE,
THE COMPETITIVE BIDDING REQUIREMENTS AND INDEPENDENT APPRAISAL
REQUIREMENTS OF SECTION 82-39 OF THE CITY CODE, FINDING THAT THE
PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS; AND
DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A PLANNING
ANALYSIS PURSUANT TO SECTION 82-38 OF THE CITY CODE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The State of Florida Department of Transportation(FDOT)has already improved State Road No.
907, Alton Road with a turning lane at the intersection of Michigan and Alton Road. As
identified in Exhibit A ("Property") there is a sliver of land owned by the City of Miami Beach
that contains the turning lane which was constructed by FDOT on the Property and has
been utilized and maintained for years by FDOT. As FDOT needs the Property for a turning
lane, and has already utilized the area as a turning lane and has maintained the area for some
time, it is in the City's best interest, for transportation purposes, to transfer title to the Property to
FDOT.
City Commission Memorandum-FDOT Vacation
June 10, 2015
Page 2 of 2
CURRENT STATUS
FDOT has applied to the City to execute and deliver a deed, or deeds, in favor of FDOT,conveying
all rights, title and interest to the Property. Pursuant to Sections 82-37, the sale or transfer of
City property is to be referred by the City Manager to the Finance and Citywide Projects
Committee, which Committee will hear the item on July 1, 2015. The Planning Department,
pursuant to Section 82-38, of the City Code has prepared a written planning analysis (Attached).
Although the City's procedures for the lease of sale or sale of public property also requires an
advertised public bidding process and an independent appraisal,these requirements may be waived
by 5/7th vote.
The City Administration recommends that the Mayor and City Commission waive the competitive
bidding requirement and independent appraisal requirement,finding that the public interest is served
by waiving such conditions.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments: A. Sketch and Legal
B. Commission Memorandum: Analysis of proposed Right of Way (ROW) transfer
to the Florida Department of Transportation (FDOT) — Michigan and Alton
JM/ �R rC JJF
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EXHIBIT "A"
LEGAL DESCRIPTION - PARCEL 100:
Being a portion of NOT SUBDIVIDED land, lying in the Northwest one-quarter (1/4) of Section 34 and
the Southwest one-quarter (1/4) of Section 27, Township 53 South, Range 42 East, in the City of Miami
Beach, Florida, and being more particularly described as follows:
COMMENCE at the intersection of the Baseline of Survey of State Road 907 (Alton Road), as it is shown
on the Florida Department of Transportation Project Network Control for said State Road 907, Project
No. 429193-1, dated 09/30/2011, and the Centerline of Michigan Avenue; thence N 39°19'22" E, along
said Baseline of Survey of State Road 907 (Alton Road), 72.60 feet; thence, departing said Baseline of
Survey at right.angles, S 50'40'38" E 50.00 feet to the intersection with the southeasterly existing
right-of-way line of said State Road 907 (Alton Road), as it is shown on the Florida Department of
Transportation Right of Way Map for said State Road 907, Section 87037-2507, last revised on
12/15/1989, said paint being the POINT OF BEGINNING of the following described parcel:
Thence N 39°19'22" E, along said southeasterly right-of-way line of State Road 907, a distance
of 540.61 feet to a point of intersection and beginning of a tangent curve concave.to the Northwest,
having a radius of 797.39 feet; thence northeasterly along the arc of said curve and said right-of-way
line of State Road 907, a distance of 35.29 feet, through an central angle of 02°32'09"; thence
S 53°12'47" E 4.00 feet to a point of intersection with a curve parallel to the southeasterly existing
right-of-way line of said State Road 907 and concave to the Northwest, having a radius of 801.39 feet;
thence southwesterly along the arc of said curve a distance of 35.47 feet, through a central angle of
02°32'09"; thence S 39°19'22" W 166.92 feet; thence 5 50°40'38" E 3.00 feet: thence S 39°19'22" W
373.69 to a point of intersection and beginning of a tangent curve concave to the Northeast, having a
radius of 68.00 feet; thence southeasterly along the arc of said curve a distance of 80.03 feet; thence
S 61°53'30" W 7.00 feet to the intersection with the right-of-way line of State Road 907 (Alton Road)
and the beginning of a non-tangent curve concave to the Northeast, having a radius of 75.00 feet; to
which a point of a radial line bears N 61°53'30" E; thence northeasterly along said curve and said
right-of-way line of State Road 907, a distance of 88.26 feet, through a central angle of 67°25'52" to
the POINT OF BEGINNING.
Containing 4,014 Square Feet of land, more or less. '
GENERAL NOTES:
- THIS IS NOT A SURVEY
- Reproductions of this map are not valid without the signature and original raised seal of the
Florida Licensed Surveyor and Mapper in responsible charge.
- The Bearings shown hereon are referenced to the Baseline of Survey of State Road 907
(Alton Road), having a bearing of N 39°19'22" E, as shown on the Florida Department of
Transportation Project Network Control for said State Road 907, completed on 09/30/2011 by
Manuel G. Vera and Associates, Inc., for Project No. 429193-1.
- Right-of-Way lines shown are per the Florida Department of Transportation Right of Way Map
for said State Road 907, Section 87037-2507, last revised on 12/15/1989. .
- Section line shown is per information found in Plat Book 8, Page 52, and is not supported by
a survey. It is shown for informational purposes only.
- Additions and/or deletions to survey maps, sketches or reports by any party other than the
signing party are prohibited without the written consent of the signing party.
•
This document consists of two(2)sheets WILLIAM A. A'.`TA. • DATE
and shall not be considered full,valid. PROFESSION/L SL RVEYOR AND MAPPER
and complete unless each sheet is attached FLORIDA LICENSE:NO. 5082
to the other. -
FLORIDA DEPARTMENT O1-"TRANSPORTATION l
SKETCH TO ACCOMPANY LEGAL.•DESCRIPTION
1 .
' It STATE ROAD NO. 907 MIAMI-DADE COUNTY
1 I rtFrr.REC o ^?r.-:.•,p,:Rf.F.
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UDC;DISTRICT C, S=E G�.NFRdI.NOM;
PARC I.SHAPE:,+='tGi MiR !L1u171 DRAWN G.DENIS 05110/13 " '
---'_. F.P.NO.429193.1 SECTION 87037 SHEET 1 OF 2
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3 of 5
Attachment- B
MIAMI BEACH
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FROM: Thomas R. Mooney, AICP�t�
Planning Director ,
DATE: May 26, 2015
SUBJECT: Analysis of Proposed Right of Way (ROW) Transfer to the Florida Department
of Transportation (FDOT) — Michigan and Alton
BACKGROUND
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease.
The proposal is to transfer property that runs parallel to the north side of Michigan Avenue
and the east side of Alton Road, as depicted in Exhibit A. The right of way contains
approximately 4,014 square feet in total lot area. The property was built on by FDOT and
used as a turning lane from Michigan Avenue onto Alton Road. The following is an analysis
based on the criteria delineated in the Code.
ANALYSIS
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent — The property proposed to be transferred to FDOT is being used to
allow for a turning lane from Michigan Avenue to Alton Road. This is the result of
coordination between the City of Miami Beach and FDOT in order to improve the flow
of traffic, which is consistent with the Comprehensive Plan Transportation Element
Objective 10, which states the following:
Objective 10: TRANSPORTATION COORDINATION WITH OTHER
JURISDICTIONS
Transportation efforts in the City will be coordinated with the plans and
programs of other state and local jurisdictions including; the Miami-Dade
Metropolitan Planning Organization (MPO), the Florida Department of
Transportation (FDOT), Miami-Dade County Public Works (MDCPW), and
Miami-Dade Transit(MDT), and other local jurisdictions.
Analysis of Proposed Right of Way Transfer—Michigan Avenue and Alton Road
May 26, 2015
Page 2 of 2
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent— No negative impacts are anticipated by the proposal, as the use of the
property will not change, since it is currently being used as a right turn lane.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent — This proposal allows for the maintenance of traffic flow at the
intersection of Michigan Avenue and Alton Road by FDOT. The property will be
maintained in the public realm, so the public purpose of maintaining traffic flow will
be maintained.
4. A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent — The surrounding neighborhood will not be negatively affected, as the
use of the property will not change. The property is currently being used as a right
turn lane, and will not block views or create environmental impacts.
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent — Transfer of this property to FDOT will not affect the parking or
infrastructure needs of adjacent properties, as there is currently no parking on the
property, and it allows for the appropriate maintenance of the infrastructure.
6. Such other issues as the city manager or his authorized designee, who shall
be the city's planning director, may deem appropriate in analysis of the
proposed disposition.
Not applicable — The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
This instrument prepared by,or under the supervision of
(and after recording, return to):
Raul Aguila
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(Reserved for Clerk of Court)
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, made as of this day of , 2015 (the
Effective Date), by the City of Miami Beach, Florida, a municipal corporation whose address is
h Florida, 1 fir
1700 Convention Center Drive, Miami Beach, 33 39, first party, to the Florida
Department of Transportation, second party:
(Wherever used herein the terms first party and second party shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations,
wherever the context so admits or requires).
WITNESSETH, that the said first party, for and in consideration of the sum of TEN
DOLLARS and other good and valuable consideration ($10.00) in hand paid by the said second
party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said second party forever, all the right, title, interest, claim and demand which the said
first party has in and to the following described property being situated in Miami-Dade County,
Florida, and legally described as follows:
See attached Exhibit "A"
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments
and appurtenances thereunto belonging.
It is the intent of first party, by this instrument, to convey to second party the land
described in Exhibit"A"hereto.
1
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
in the presence of:
Witnesses: City of Miami Beach
By:
Print Name: Philip Levine, Mayor
Print Name:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of , 2015
by Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has
produced as identification and did(did not)take an oath.
My Commission Expires: Notary Public, State of Florida
City of Miami Beach
By:
Rafael E. Granado, City Clerk
2
EXHIBIT "A"
LEGAL DESCRIPTION - PARCEL 100:
Being land, lying in the Northwest one-quarter (1/4) of Section 34 and
the S a portion of NOT SUBDIVIDED y 9
Southwest one-quarter (1/4) of Section 27. Township 53 South. Range 42 East, in the City of Miami
Beach, Florida, and being more particularly described as follows:
COMMENCE at the intersection of the Baseline of Survey of State Road 907 (Alton Road), as it is shown
on the Florida Department of Transportation Project Network Control for said State Road 907, Project
No. 429193-1, dated 09130/2011, and the Centerline of Michigan Avenue; thence N 39°19'22" E, along
said Baseline of Survey of State Road 907 (Alton Road), 72.60 feet; thence, departing said Baseline of
Survey at right angles, S 50°40'38° E 50.00 feet to the intersection with the southeasterly existing
right-of-way line of said State Road 907 (Alton Road), as it is shown on the Florida Department of
Transportation Right of Way Map for said State Road 907, Section 87037-2507, last revised on
12/15/1989, said point being the POINT OF BEGINNING of the following described parcel:
Thence N 39°19'22" E, along said southeasterly right-of-way line of State Road 907. a distance
of 540.61 feet to a point of intersection and beginning of a tangent curve concave to the Northwest,
having a radius of 797.39 feet; thence northeasterly along the arc of said curve and said right-of-way
line of State Road 907, a distance of 35.29 feet. through an central angle of 02°32'09"; thence
S 53°12'47" E 4.00 feet to a point of intersection with a curve parallel to the southeasterly existing
right-of-way line of said State Road 907 and concave to the Northwest, having a radius of 801.39 feet;
thence southwesterly along the arc of said curve a distance of 35.47 feet, through a central angle of
02°32'09"; thence S 39°19'22" W 166.92 feet; thence S 50°40'38" E 3.00 feet; thence S 39°19'22" W
373.69 to a point of intersection and beginning of a tangent curve concave to the Northeast, having a
radius of 68.00 feet; thence southeasterly along the arc of said curve a distance of 80.03 feet; thence
S 61°53'30" W 7.00 feet to the intersection with the right-of-way line of State Road 907 (Alton Road)
and the beginning of a non-tangent curve concave to the Northeast, having a radius of 75.00 feet; to
which a point of a radial line bears N 61°53'30" E; thence northeasterly along said curve and said
right-of-way line of State Road 907, a distance of 88.26 feet, through a central angle of 67°25'52" to
the POINT OF BEGINNING.
Containing 4,014 Square Feet of land, more or less.
GENERAL NOTES:
-THIS 15 NOT A SURVEY
- Reproductions of this map are not valid without the signature and original raised seal of the
Florida Licensed Surveyor and Mapper in responsible charge.
-The Bearings shown hereon are referenced to the Baseline of Survey of State Road 907
(Alton Road), having a bearing of N 39°19'22" E, as shown on the Florida Department of
Transportation Project Network Control for said State Road 907, completed on 09/30/2011 by
Manuel G. Vera and Associates, Inc.. for Project No. 429193-1.
- Right-of-Way lines shown are per the Florida Department of Transportation Right of Way Map
for said State Road 907, Section 87037-2507, last revised on 12/15/1989.
- Section line shown is per Information found in Plat Book 8, Page 52, and is not supported by
a survey. It is shown for informational purposes only.
- Additions and/or deletions to survey maps, sketches or reports by any party other than the
signing party are prohibited without the written consent of he signing party.
1016 !t4
This document consists of two(2)sheets WILLIAM A. A?A.• DATE
and shall not be considered full,valid. PROFESSION!;. SUh 1'EYOR AND MAPPER
and complete unless each sheet is attached
to the other. FLORIDA LICENSE;NO. 5082
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOtAPANY LEGAL.-DESCRIPTION
•STATE ROAD NO. 907 MIAMI-DADE COUNTY
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KY OoF PRIIKAID MOT DISTRICT 6 SEE NOTTS
055Cr'5550E CH.G5 mot !oral:14 DRAWN D.DENIS 05510/13
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