C7S-Formally Request FDOT Convey Ownership To The City Of 1050 41st StreetCOMMISSION 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 (FOOT) 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.
Ke Intended Outcome Su orted:
Obtain clear title for water booster pump station
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 0, 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 (FOOT).
The Public Works Engineering Division recently contacted FOOT requesting a compilation of records,
including surveys, legal descriptions and deeds, indicating ownership of the parcel. According to
FOOT's Right-of-Way (ROW) Map and preliminary research, the entire area belongs to FOOT.
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 FOOT State Road No. 112 (Julia Tuttle
Causeway/Interstate 195), the City will need to request a conveyance or lease of the FOOT property.
The City will need to request the FOOT accepts the location of the existing fence and driveway to
remain in FOOT ROW by permit or by other legal document. The intent of this resolution is for FOOT
and the City to transfer property from FOOT to the City and to provide a legal means of ingress.
FOOT 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 FOOT'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:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI
Financial Impact Summary:
. .
City Manager
MT
T\AGENDA\2013\ 16 Oct\Request to FOOT for unused land Summary. doc
MIAMI BEACH 404
AGENDA ITEM (., 7$
DATE {(}-/6 -/ ;,
lD 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 Me
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 STING 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 (FOOT) TO THE CITY OF MIAMI
BEACH (THE CITY). THE CITY SHALL PAY ALL COSTS ASSOCIATED WITH THE
CLOSING AND FOOT 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 0, 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 (FOOT}.
The Public Works Engineering Division recently contacted FOOT requesting a compilation of
records, including surveys, legal descriptions and deeds, indicating ownership of the parcel.
According to FOOT's Right-of-Way (ROW) Map and preliminary research, the entire area
belongs to FOOT.
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 FOOT State Road No. 112 (Julia Tuttle
Causeway/Interstate 195), the City will need to request a conveyance or lease of the FOOT
property. The resolution is indented for the FOOT and the City to work to transfer FOOT unused
property to the City and to provide legal access to the City's water booster pump station.
FOOT 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 &
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City Commission Memorandum -Request to FDOT for unused land
October 16, 2013
Page 2of2
appraisal; 4) Reimbursement of applicant costs; and 5) Documents used. The FOOT'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 FOOT-owned property by
governmental agencies/municipalities
MT/~fFRS
T:\AGENDA\2013\0ct 16\Request to FOOT for unused land Memo.doc
406
~ 0 ....... ,/ 0 0 SECTION 22, TOWNSHIP 53 S., RANGE 42 E. CITY NAUTILUS ! NAUTILUS NAUTILUS SUBDIVISION EXTENSION I EXTENS[ON ----SECON~ P.B. 8, PG. 95 P.B.34,PG.47 P.B.34,PG.BI OF MIAMI BEACH ruJi¥1!{.COO<$TMJCIIC* P.1.51 .... lUl·~ll.l4 .b. • ~"· "11' ~o· D•JO•oo·oo· r • 1<!11,'1~' L • Ul.'SI' A • ~ lVIII' ,., c, s ra.ziH . 2 ~. 24 P,J, ECIJAliON• :lii1A.2o:l·H.U811· '5U.2~·?~.t• .lH ~L.IIIlE 1 $UM"E1' s.~. IAI.IIItiiDAD! Poloi1A-IS?•S:;!',.ot • • ~· Dil' or-41ST STREET BUSINESS SUBDIVISION O • •• 2E-' ~s-' • na.u· •• U-i.li' ~ • ill.~~~-r:.su. 15S•'"·''l ~.T.5TA.I60•U.l1 \~ " ... -~ ,,~l.l!..'=.'-~H-•r•••-: 0 (INTERSTATE\ 195\) ·. ~ ... '\? li;OI41-..tTIOii £:ue:muw._. \ '•., JULIA TUTTLE -..,21 CAUSEWAY . "&r . ..,-.r~;-., SECTION 27, TOWNSHIP 53 RANGE 42 E. ....._ ......... -NAUTILUS SUBDIVISION I P~. =s. PG.-g5 AMENDED PLAT OF GARDEN SUBDIVISION ~~--L-~~--P.B. 31. PG. 9 !;.E. -1:011:., GO'oi·T. LOT 4, gc. U, T--5~·:5, R-4:1"-£ SEE SHEET ONE FOR LEGEND AND GENERAL NOTES CORRIDOR MAP FLORIDA DEPARTUENT OF" TRANSPOFHUION RJCHT OF *AY MAPPtNG --.-1 , __ (111(11;1(1 h.·-··~·ll•Oio FED, PIII:O.,i.IO. ""'• HI;TtOI!IlOI. $UTi IIIOoloD 1(1, Ill DETAIL "A" 111Qtro~t' THIS MAP IS NOT A SURVEY FIN, PROJ. 1(), 2!.07-tll l•tT l! or S > ::+ ~ l"l s ~ :I ..... >
Attachment B
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT)
GUIDELINES FOR THE CONVEYANCE OR LEASE
OF FOOT-OWNED PROPERTY
BY GOVERNMENT AGENCIES I 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
FOOT 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 FOOT Right of Way maps (its location
in relation to FOOT right-of-way lines; approximate size).
Step 2. Agency Letter (required before any transfer or lease is executed by FDO D
a. If the transfer or lease is for consideration (market value, subject to a FOOT 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 FOOT 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 FOOT, the applicant must prepare a legal description and
sketch of legal description, in accordance with FOOT guidelines, at the applicant's
expense. A draft must first be sent to FOOT for review and approval.
b. Appraisal: If not for public purpose, upon written notification by FOOT, the requested
property must be appraised at the applicant's expense. The appraisal must meet state
standards and FOOT must review and accept the appraisal. FOOT reserves the right to
reject the appraisal. FOOT may have its own appraisal prepared for the property.
Page 1 of 2
PM/110 Guidelines for Govt. Agencies (Rev.Nov2011)
408
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT)
GUIDELINES FOR THE CONVEYANCE OR LEASE
OF FOOT-OWNED PROPERTY
BY GOVERNMENT AGENCIES I MUNICIPALITIES
Reimbursement of Applicant Costs:
FOOT does not reimburse for the cost of the appraisal and/or the survey in the event the parties
cannot reach an agreement. However, FOOT 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 FOOT, FOOT 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 FOOT if it is not used for the purpose it was conveyed. The
buyer is to pay £ill closing costs, fees, documentary taxes and other related
expenses, including appraisal, survey costs and opinion of title.
• For Leases: the FOOT 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 any time 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 leased
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 otWay Administrator, Property
Management, Florida Department of Transportation, Right of Way Administration,
Property Management, Room 61058, 1000 N.W. 111th Avenue, Miami, Florida
33172, Telephone: (305) 470-5236; Fax: (305) 499-2340; e-mail:
vince.reuben@dot.state.fl.us.
Page 2 of 2
PM/11 0 Guidelines for Govt. Agencies (Rev.Nov 2011)
409
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FORMALLY REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FOOT) CONVEY OWNERSHIP TO
THE CITY OF CERTAIN PROPERTY OWNED BY THE FOOT, 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.
WHEREAS, since 1961, the City has had a City-owned water pump station at the
property located at 1050 41 51 Street (the Property); and
WHEREAS, according to the Florida Department of Transportation's (FOOT's) Right of
Way Map; and other preliminary research, the Property is owned by FOOT; 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, FOOT has
advised the City that it needs to formally request that FOOT 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 (FOOT} convey
ownership to the City of that certain property owned by the FOOT, located at 1050 41st Street,
and legally described as Lot D, Block 1, Plat Book 35, Page 46 of theRe-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:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
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APPROVED AS TO
FORM & LANGUAGE
&FO CUTION
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