2013-28385 Reso RESOLUTION NO. 2013-28385
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FORMALLY REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) CONVEY OWNERSHIP TO
THE CITY OF CERTAIN PROPERTY OWNED BY THE FDOT, LOCATED AT
1050 41St STREET, AND LEGALLY DESCRIBED AS LOT D, BLOCK( 1, PLAT
BOOK( 35, PAGE 46 OF THE RE-SUBDIVISION OF LOTS 48, 499 50, AND 51
OF LOT 1 NAUTILUS SUBDIVISION; WHICH PROPERTY HAS BEEN THE
SITE OF A CITY WATER PUMP STATION SINCE 1961.
WHEREAS, since 1961, the City has had a City-owned water pump station at the
property located at 1050 41 st Street (the Property); and
WHEREAS, according to the Florida Department of Transportation's (FDOT's) Right of
Way Map; and other preliminary research, the Property is owned by FDOT; and
WHEREAS, in order for the City to continue to maintain the pump station and other
related improvements thereto including a driveway and a fence on the Property, FDOT has
advised the City that it needs to formally request that FDOT convey ownership of the Property to
the City; and
WHEREAS, the City Administration hereby recommends that it is necessary for the
health, safety, and welfare of the public for the City to be able to continue to maintain the
existing water pump station (and related improvements) on the Property (where it has been
situated since 1961).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby request that the Florida Department of Transportation (FDOT) convey
ownership to the City of that certain property owned by the FDOT, located at 1050 41St Street,
and legally described as Lot D, Block 1, Plat Book 35, Page 46 of the Re-Subdivision of Lots 48,
49, 50, and 51 of Lot 1 Nautilus Subdivision; which property has been the site of a City water
pump station since 1961.
PASSED AND ADOPTED this 16th day of October, 2013.
ATTEST:
zn4 f�`�' '"� °°° �, atti Herre a Bower, Mayor
Rafael Granado, City Cle.'
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n cE C)RATED APPROVED AS TO
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T:\AGENDA\2013\October 16\Req'4t.td� 00T fob y ,°�d land' s fdocx &FO
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Requesting
The Conveyance Of Lot D, Block 1, Plat Book 35, Page 46 Of The Re-Subdivision Of Lots 48, 49, 50,
And 51 Of Lot 1 Nautilus_Subdivision, A Certain Property Owned By The Florida Department Of
Transportation (FDOT) To The City Of Miami Beach (The City). The City Shall Pay All Costs
Associated With The Closing And Fdot Shall Prepare All Necessary Closing Documents Including
Providing Legal Access For The Existing Driveway And Allowing The Existing City Owned Fence To
Remain; Said Property Has A City Owned Water Pump Station Constructed In 1961 And Is Required
For Public Purpose With No Consideration.
Key Intended Outcome Supported:
Obtain clear title for water booster pump station
Supporting Data (Surveys, Environmental Scan, etc.):
N/A.
Item Summary/Recommendation:
In the early 1960s the City of Miami Beach constructed a water booster station on a parcel located
within a portion of Lot D, Block 1, Plat Book 35, Page 46 of the Re-subdivision of Lots 48, 49, 50, and
51 of Lot 1 Nautilus Subdivision (Attachment A), which currently belongs to the Florida Department of
Transportation (FDOT).
The Public Works Engineering Division recently contacted FDOT requesting a compilation of records,
including surveys, legal descriptions and deeds, indicating ownership of the parcel. According to
FDOT's Right-of-Way (ROW) Map and preliminary research, the entire area belongs to FDOT.
In order for the City to continue to maintain its facilities and utilities located in the property, which is
adjacent to the limited access ROW of the FDOT State Road No. 112 (Julia Tuttle
Causeway/Interstate 195), the City will need to request a conveyance or lease of the FDOT property.
The City will need to request the FDOT accepts the location of the existing fence and driveway to
remain in FDOT ROW by permit or by other legal document. The intent of this resolution is for FDOT
and the City to transfer property from FDOT to the City and to provide a legal means of ingress.
FDOT requires that a few guidelines be followed (Attachment B) by governmental agencies and
municipalities requesting the lease or conveyance of its owned property: 1) A formal request; 2) An
adopted resolution stating the public purpose need for no consideration; 3)Survey & appraisal; 4)
Reimbursement of applicant costs; and 5) Documents used. The FDOT's processing time to evaluate
the request varies, but on average, may take four to six months from when the request is first made.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds:
OBPI
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Douglas Seaman, Public Works X6343
Sign-Offs:
Department Director. As City Manager City Mana r
ETC MT JLM
T:\AGENDA\2013\16 Oct\Request to FDOT for unused land Summary.doc
AGENDA ITEM G 7 S
SATE O—�6 MIAMI "O"' EACH
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Mer bers of th City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REQU AND
THE CONVEYANCE OF LOT D, BLOCK
1, PLAT BOOK 35, PAGE 46 OF THE RE-SUBDIVISION OF LOTS 48, 49, 50, AND
51 OF LOT 1 NAUTILUS SUBDIVISION, A CERTAIN PROPERTY OWNED BY THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO THE CITY OF MIAMI
BEACH (THE CITY). THE CITY SHALL PAY ALL COSTS ASSOCIATED WITH THE
CLOSING AND FDOT SHALL PREPARE ALL NECESSARY CLOSING
DOCUMENTS INCLUDING PROVIDING LEGAL ACCESS FOR THE EXISTING
DRIVEWAY AND ALLOWING THE EXISTING CITY OWNED FENCE TO REMAIN ;
SAID PROPERTY HAS A CITY OWNED WATER PUMP STATION CONSTRUCTED
IN 1961 AND IS REQUIRED FOR PUBLIC PURPOSE WITH NO CONSIDERATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
In the early 1960s the City of Miami Beach constructed a water booster station on a parcel
located within a portion of Lot D, Block 1, Plat Book 35, Page 46 of the Re-subdivision of Lots
48, 49, 50, and 51 of Lot 1 Nautilus Subdivision (Attachment A), which currently belongs to the
Florida Department of Transportation (FDOT).
The Public Works Engineering Division recently contacted FDOT requesting a compilation of
records, including surveys, legal descriptions and deeds, indicating ownership of the parcel.
According to FDOT's Right-of-Way (ROW) Map and preliminary research, the entire area
belongs to FDOT.
In order for the City to continue to maintain its facilities and utilities located in the property,
which is adjacent to the limited access ROW of the FDOT State Road No. 112 (Julia Tuttle
Causeway/Interstate 195), the City will need to request a conveyance or lease of the FDOT
property. The resolution is indented for the FDOT and the City to work to transfer FDOT unused
property to the City and to provide legal access to the City's water booster pump station.
FDOT requires that a few guidelines be followed (Attachment B) by governmental agencies and
municipalities requesting the lease or conveyance of its owned property: 1) A formal request; 2)
An adopted resolution stating the public purpose need for no consideration; 3)Survey &
City Commission Memorandum-Request to FDOT for unused land
October 16, 2013
Page 2 of 2
appraisal; 4) Reimbursement of applicant costs; and 5) Documents used. The FDOT's
processing time to evaluate the request varies, but on average, may take four to six months
from when the request is first made.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution.
Attachment:
A. Survey of Lot D, Block 1, Plat Book 35, Page 46 of the Re-subdivision of Lots 48,
49, 50, and 51 of Lot 1 Nautilus Subdivision
B. FDOT guidelines for the conveyance or lease of FDOT-owned property by
governmental agencies/municipalities
MT/ /FRS
TAAGENDA\2013\0ct 16\Request to FDOT for unused land Memo.doc
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Attachment B -
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
GUIDELINES FOR THE CONVEYANCE OR LEASE
OF FDOT-OWNED PROPERTY
BY GOVERNMENT AGENCIES / MUNICIPALITIES
The following guidelines are for the use of government agencies and municipalities requesting
the lease or conveyance of Florida Department of Transportation owned property. The
department is required to comply with certain regulations and follow department procedures;
these guidelines will assist the Department in meeting such requirements. The Department's
processing time to evaluate the request varies, but on average may take four to six months from
the date of receipt of the information requested in Step 1 below.
Step 1. Formal Request.
a. - A formal written request from a Head of Department or director must be submitted to
FDOT to commence the process. The request must include the following information:
whether for lease or purchase;proposed use of the property; a rough sketch containing
sufficient information to locate the property on the FDOT Right of Way maps(its location
in relation to FDOT right-of-way lines; approximate size).
Step 2. Agency Letter (required before any transfer or lease is executed by FD07�
a. If the transfer or lease is for consideration(market value, subject to a FDOT accepted
appraisal) a letter from a Head of Department or manager will suffice.
b. If the government entity is a federal or State of Florida agency and the request is for
public purpose use, for no consideration,a formal letter signed by the Agency Head
must be submitted to FDOT stating the public purpose need for a conveyance or lease
at no consideration;
c. If the applicant is a municipality such as a county or city with a body of elected officials
and a public purpose sale or lease for no consideration is requested, an adopted
resolution is required stating the public purpose need for no consideration.
Step 3. Survey & Appraisal
a. Survey: Upon notification by FDOT, the applicant must prepare a legal description and
sketch of legal description, in accordance with FDOT guidelines, at the applicant's
expense. A draft must first be sent to FDOT for review and approval.
b. Appraisal: If not for public purpose, upon written notification by FDOT, the requested
property must be appraised at the applicant's expense. The appraisal must meet state
standards and FDOT must review and accept the appraisal. FDOT reserves the right to
reject the appraisal. FDOT may have its own appraisal prepared for the property.
Page 1 of 2
PM/110 Guidelines for Govt.Agencies(Rev.Nov 2011)
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
GUIDELINES FOR THE CONVEYANCE OR LEASE
OF FDOT-OWNED PROPERTY
BY GOVERNMENT AGENCIES / MUNICIPALITIES
Reimbursement of Applicant Costs:
FDOT does not reimburse for the cost of the appraisal and/or the survey-in the event the parties
cannot reach an agreement. However, FDOT reserves the right not to sell or lease the property
at any time during the surplus review process. In the event the applicant has incurred any costs
for a survey and/or appraisal subsequent to written notification by FDOT, FDOT will reimburse
the applicant for these reasonable costs.
Documents Used:
• For Sales: a Quitclaim Deed will be the document of conveyance. If the property is
being conveyed for public purpose for no consideration a Reverter Clause will be
included reversing title to FDOT if it is not used for the purpose it was conveyed.The
buyer is to pay all closing costs, fees, documentary taxes and other related
expenses, including appraisal, survey costs and opinion of title.
e For Leases: the FDOT Standard Lease Agreement or Airspace Agreement (for
property on federal-aid projects) with a five-year term will be is used. Longer term
lease agreements will be considered in certain situations at the Department's
discretion, when justified. Our lease agreements include a 30-day termination
by either party at anytime and may include a five-year renewal option by request
with 120 days advance written notice.
• If a public purpose lease involves a private commercial end-use it must be Ieased
for not less than the property's current market value as determined by a qualified
estimator.
• If the public purpose government use is a business-like venture producing income
and profit, the market rental requirements shall apply.
• Please direct all inquiries to: W.E. Reuben, Right of Way Administrator, Property
Management, Florida Department of Transportation, Right of Way Administration,
Property Management, Room 61056, 1000 N.W. 111 th Avenue, Miami, Florida
33172, Telephone: (305) 470-5236; Fax: (305) 499-2340; e-mail:
vince.reuben(D,dot.state.fl.us.
Page 2 of 2
PM/110 Guidelines for Govt.Agencies(Rev.Nov 2011)