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HomeMy Public PortalAbout11-8196 2071 Lincoln Avenue Surplus Sponsored by: City Manager Resolution No. 11-8196 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DESIGNATE PROPERTY AS SURPLUS PROPERTY LOCATED AT 2171 LINCOLN AVE, OPA-LOCKA, FLORIDA AND TO DONATE SAID PROPERTY TO OPA- LOCKA CDC FOR MAGNOLIA NORTH REDEVELOPMENT WITH CONSENT FROM MIAMI DADE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Opa-locka Community Development Corporation ("Opa-locka CDC") is requesting the city to donate the property located at 2171 Lincoln Avenue ("subject property") to the CDC for redevelopment of the Magnolia Subdivision, and for the subject property to be used as off-street parking for the property located at 2145 Lincoln Avenue; and WHEREAS, Resolution No. 11-8184 authorizes the City Manager and staff to work with the Opa-locka CDC in assisting them through in-kind contribution of donations of property owned by the City of Opa-locka; and WHEREAS, the Assistant City Manager and Community Development Director have been meeting with the Opa-locka CDC on a weekly basis to ensure that all actions endorsed by the Mayor and City Commission in accordance with Resolution No. 11-8184 are being executed; and WHEREAS, considering the fact that the City of Opa-locka has not contributed property toward Magnolia North Redevelopment, and the city staff spends approximately eight (8) hours per month maintaining this property every two weeks during the summer months with no immediate long term plan for city development, it is the appropriate method Resolution No. 11-8196 to dispose of this property by donating the subject property to the Opa-locka Community Development Corporation, with consent from Miami-Dade County, pursuant to Deed Covenants with the county. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby declares the subject property as surplus and authorizes the City Manager to donate said property to the Opa-locka CDC for Magnolia North Redevelopment, after obtaining consent from Miami-Dade County. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 23`d DAY OF February,2011. (LI 7&/)/ 1MY TAYLOR AYOR Atte to: t Deborah S. Irby City Clerk Approved as to form and legal sufficiency: l ,,, i . ` r� ._..� Jo• vr`S. r eller C , Atto ney Moved by: VICE MAYOR JOHNS• Seconded by: COMMISSIONER HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: NOT PRESENT Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES O Q\ ..HPQRA1E� Memorandum TO: Mayor Myra L. Taylor Vice Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus C n issione Gail Miller FROM: arance atterson, City Manager DATE: February 15,2011 RE: Memorandum to Mayor and City Commission Deeming Certain Property As Surplus — Folio No. 08-2122-003-0170. The subject property is located at 2171 Lincoln Avenue and is zoned B-1 (Commercial Neighborhood). In Particular the Subject Property is located in Block 3 lots 14, 15, and 16 of Magnolia Subdivision in Opa- locka, FL. Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DESIGNATE PROPERTY AS SURPLUS PROPERTY LOCATED AT 2171 LINCOLN AVENUE, OPA-LOCKA, FLORIDA AND TO DONATE SAID PROPERTY TO OPA-LOCKA CDC FOR MAGNOLA NORTH REDEVELOPMENT WITH CONSENT FROM MIAMI DADE COUNTY PURSUANT TO COUNTY DEED RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY OR BOOK 21103 PAGE 4502 Description: The Opa-locka Community Development Corporation is requesting the city donate the subject property to them for redevelopment of Magnolia Subdivision. The subject property would be used as off-street parking for property located at 2145 Lincoln Avenue. As you are aware, Resolution No. 11-8184 authorized the city manager and staff to work with the Opa-locka CDC and part of that partnership insists upon the City's assistance through in-kind contribution through donation of property owned by the City of Opa-locka. To date, the Opa-locka CDC plans to spend approximately 21 million dollars in and around Magnolia North, Magnolia Gardens, and 22nd Avenue Corridors; Miami-Dade County through Commissioner Barbara Jordan's office has provided approximately 3.4 million dollars in cash and in-kind donation of county-owned property, Habitat For Humanity who is also a partner has plans to construct single-family homes in Magnolia North and expend a few million dollars. The Assistant City Manager and Community Development Director has been meeting with the Opa-locka CDC on a weekly basis to ensure that all actions endorsed by the Mayor and City Commission in Resolution 11-8184 is being executed. In the opinion of staff, the property has outlived its usefulness and has become inadequate for city use. The City staff spends approximately eight (8) hours per month maintaining this property every two weeks during the summer months with no immediate long term plans for city development. City Resolution No. 08-7317 requires the city manager to evaluate and make a good faith analysis of the property. Considering the fact that the City of Opa- locka has not contributed property toward Magnolia North Redevelopment, the appropriate method to dispose of this property would be by donating subject property to the Opa-locka Community Development Corporation with consent from Miami-Dade County pursuant to County Deed Covenants. There will be no surety bond requirement for this transaction. Should the city sell the subject property, the City Manager will advertise in a newspaper of general circulation as required by resolution no. 08-7317 and other applicable laws. The City Attorney will execute and facilitate any action as required by Resolution No. 08-7317. Financial Impact: There is no financial impact other than for ordinary costs associated with real estate transactions. Implementation Time Line: Immediately. Legislative History: Resolution No. 08-7317 Resolution No.11-8184 Recommendation(s): Staff recommends that the Mayor and Commission declare the subject property as surplus and donate said property to the Opa-locka CDC for Magnolia North Redevelopment in the spirit of cooperation pursuant to Resolution No. 11-8187 after consent from Miami-Dade County. Attachment(s): 1. Miami-Dade County Property Appraiser's Profile Sheet 2. Copies of Applicable Resolutions 3. County Deed Prepared Bv: Howard W. Brown, Jr., Community Development Director Sponsored by: City Attorney RESOLUTION NO.08- 7 31 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING A POLICY FOR THE DISPOSAL OF CITY-OWNED SURPLUS PROPERTY WHEREAS, pursuant to Section 166.021(1), Florida Statutes, municipalities have the power and authority to acquire and dispose of real property or interest therein for a municipal purpose by means of an exchange of property, so long as such method of acquisition and disposal of municipal property is for a valid municipal purpose and not expressly prohibited by law; and WHEREAS, the City Commission of the City of Opa-locka(`City Commission") desires to establish a policy for the disposal of City-owned surplus property; and WHEREAS, the City of Opa-locka further desires to establish a policy wherein the City of Opa-locka can account for the sale, trade, donation andior conveyance of real property and other property declared surplus; and WHEREAS, any property owned by the City which has become obsolete, or which has outlived its usefulness, or which has become inadequate for the public purposes for which it was intended, or which is no longer needed for public purposes, may be declared surplus property. NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No, 08- 7317 Section 2. The City Commission of the City of Opa-locka hereby declares that any property owned by the City which has become obsolete, or which has outlived its usefulness, or which has become inadequate for the public purposes for which it was intended, or which is no longer needed for public purposes, may be disposed of in accordance with procedures to be established by the City Manager, so long as the property has been declared surplus by a Resolution of the City Commission. Section 3. The City Commission desires to dispose of property in accordance with the following procedures: I I. The City Manager, after evaluation and good faith analysis, shall advise the City Commission in a written memorandum reasons why certain property should be declared surplus property. 2. Once the City Manager prepares a written Memorandum addressed to the Commission, a surplus resolution shall be prepared by the City Attorney and shall be placed on the next available City Commission Meeting Agenda. 3. Under no circumstances may the City Manager dispose of City-owned property in the absence of a formal Resolution of the City Commission deeming the subject property as surplus property. 4. The City Manager shall determine the most appropriate method to dispose of surplus items. Such methods may include, but shall not be limited to, the following: (a) Annual surplus equipment sale; (b) Sale: (c)Trade; (d) Donation. 5. The City Manager may require a surety bond for certain property, as the City Manager may deem appropriate. 6. The City Manager shall advertise in a newspaper of general circulation the disposal of all real property contemplated by sealed bid or auction to be awarded to the highest bidder. The City Manager may reject any and all bids as he/she deems appropriate. 7. Proceeds from the sale of the property shall go into the general fund of the City, unless the equipment was acquired by utilizing police forfeiture funds. Resolution No. 08- 7317 PASSED AND ADOPTED this 23 day of JULY , 2008. AiSEPH i.kELLEY MAYOR Attest: Approved as to onn and legal sufficiency: Deborah h.„ by Burn-adette eeks — - City Clerk City Attorney Moved by: MILLER Seconded by: TYDUS Commission Vote: -0 Commissioner Tydus: YES Commissioner Holmes: NOT PRESENT Commissioner Miller: YES Vice-Mayor Johnson: NOT PRPSF,NT Mayor Kelley: YES .r 1 Property Information Map /� Q Page 1 of 1 My Home Miami-Dade County, Florida • MIAMI DARE . Property Information Map ,. . x°14 " _ Summary Details: ., , lii)111No. . , Folio No.: 08-2122-003-0170 r " a ,,` � Property: 2171 LINCOLN AVE,mii .r, ir Mailing CITY OF OPA LOCKA ' • Address: s'i4 `` �- ,9� - �. 777 SHARAZAD BLVD OPA l'Y•�`� ` • tR r LOCKA FL ":u 33054-3521 ' Property Information: r ` 6300 HIGHLY Ji�'��1 Primary Zone: RESTRICTED RETAIL P , M - ,,� r CLUC: 0040 MUNICIPAL Beds/Baths: 8/2 F m .� ,� Floors: 1 Y . - Living Units: 2 Adj Sq Footage: 1,843 r -- ,r s Lot Size: 8, SQ FT � . Year Built: 1954 340 �` tiw -" 1 MAGNOLIA SUB PB 40- ` 80 LOTS 14 TO 16 INC " r i. �, Legal BLK 3 LOT SIZE 86.870 r` Description: X 96 OR 21103-4499 0901 3 OR 16838-1446 ° '' 0695 00 �� fir. , Assessment Information: Year: ' 2010 2009 f `� ;; Land Value: $79,230 $91,740 r Building Value: $88,261 $116,453 .. . . - - Market Value: $167,491 $208,193 Assessed Value: $167,491 $208,193 Aerial Photography-2009 0 • 34 ft Taxable Value Information: This map was created on 2/15/2011 10:01:01 AM for reference purposes only. Year: 2010 2009 Applied Applied Web Site©2002 Miami-Dade County.All rights reserved. Exemption/ Exemption/ Taxing Authority: Taxable Taxable Value: Value: Regional: $167,491/$0$208,193/$0 County: $167,491/$0$208,193/$0 City: $167,491/$0$208,193/$0 School Board: $167,491/$0$208,193/$0 00 Sale Information: Sale Date: 6/1995 Sale Amount: $44,100 Sale O/R: 1683§-1446 Sales Qualification Sales which are qualified Description: View Additional Sales http://gis ims 2.miamidade.gov/myhome/printmap.asp?mapurl=http://gis ims2.miamidade.go... 2/15/2011 .'4el.r • !. '•1 aims 21103PG4499 03R 18 1143 2003 lIAR 17 15:42 • COUNTY DEED THIS DEED,made this 7 day of September,2001,by Miami-Dade County, Florida,a political subdivision of the State of Florida,called:County"and the City of Opa-Locka,a political subdivision of the State of Florida,hereinafter called"Developer." WITNESS: That the County for and in consideration of the sum of TEN Dollars ($10.00),to it in hand paid by the Developer,receipt of which is hereby acknowledged has granted,bargained and sold to the Developer,its heirs and its assigns,subject to the right of re-entry set forward below,the land lying and being in Miami-Dade County, Florida: See Exhibit"A"Legal Description Attached Hereto This Deed conveys only the interests of Miami-Dade County and its Board of County Commissioners in the property described herein,and shall not warrant title thereto: I. This Conveyance is made subject to the flowing covenants running with the Land,and setting forth the right of re-entry, to wit: A. Developer will commence work on the Project Improvements(the "Improvements")consisting of one(I),possibly two(2) affordable single- family homes not later than October 1,2003,and shall complete the Improvements by April 1,2005,one of the three(3)lots(Folio#08-2122- 003-0170 may be used for open space,at the option of the City of Opa- Locka. n z r+ r�r 1�+r�"f ti l+R+ / ri. l k t� t`ri�lry f• Y N�.. ,,{{�,�r( •1 rlftl`.'�j V k M�,1� f(iY' fitts{r.. i; L1 r, _�.l.n+ ,'.�)!.y f .4��;� �Y'hY�,J�YEI�lr�r7 7( njF� '�'�•.� � t �ll i�s 11, lr4 . ,.. ; .. .. I . ..1 '� 5`I':ilrl «/; /.4•:1•.�, 1 1;:. �,�. �;.. .t S ZN%I }t •'� •� ✓. .�. 11111Ls. • 21103PG4500 B. Promptly after completion of the Improvements in accordance with approved plans and provisions of this Instrument,the County shall furnish the Developer a certificate that it has met its obligations hereunder. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida. C. The Developer agrees for itself,its successors and assigns, to or of the Property or any part hereof,that the Developer and such successors or Assigns shall: Not discriminate upon the basis of race, color,religion, sex or national original in the sale,lease or rental or in the use of occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof;and this covenant shall be binding to the fullest extent permitted by law and equity,for the benefit and in favor of,and enforceable by the County,its successors and assigns,and any successor in interest to the property,or any part thereof. The County shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies;and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant,to which it or any other beneficiaries of such covenant may be entitled. _r �1c N�iej;nlY ��"fir ry e u4.M 7y ^. w �„ vt�-„��r lf�.il2,'�-Y ti„ �� �.�. f Rata 21103P6450f D. The Developer(or Successor in Interest),shall pay the real estate taxes or assessments on the property or any part thereof when due. Developer shall not suffer any levy or attachment to be made,or any material or mechanic's lien,or any unauthorized encumbrance or lien to attach. except: a) Any mortgage(s)in favor of any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s)not to exceed the value of the Improvements as determined by an appraiser;and b) Any mortgage(s)in favor of any institutional lender refinancing any mortgage of the character described in clause(a)hereof;in an amount(s)not to exceed the value of the Improvements as determined by an appraiser. c) The recordation,together with any mortgage purporting to meet the requirements of clauses(2)or(b)above,of a statement of value by a Member of American Institute of Real Estate Appraisers("MAI"),(or member of any similar or successor Organization),stating the value of the Improvements is equal to Or greater than the amount of such mortgage(s),shall constitute Conclusive evidence that such mortgage meets such requirements, And that the right of any re-entry hereunder shall be subject to And limited by,and shall not defeat,render invalid,or limit in any Way,the lien of such mortgage. For purposes of this paragraph an �:i�'. �•+ -.ti;.1 l 2,p .. �i'', i�(h'` ',i\. n � 7? �..•'4'Y v1';.': • • • RMS. 2t to3P& 552 "institutional lender"shall mean any bank, savings and loan association,insurance company,foundation or charitable entity,real estate or mortgage investment trust,pension funds. the Federal National Mortgage Association,agency of the United States Government or other governmental agency. In any event, The terms"Institutional Lender'shall be deemed to include Miami-Dade County and their respective successors and assigns. • E. Developer shall not transfer the property or any part thereof,without consent of the County and shall not change the ownership or distribution of the stock of the Developer or with respect to the identity of the parties in control of the Developer or the degree thereof. In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein,the Developer shall correct or cure the default/violation within thirty(30) days of notification of the default by the County. If Developer fails to remedy the default within thirty(30)days,the County shall have the right to re-enter and take possession of the property and to terminate(and revest in the County),the estate conveyed by this Deed to the Developer;provided,that any such right of re-entry shall always be subjected to and limited by,and shall not defeat,render invalid,or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed. L� . "7 '�L `` !EMU. 21103PG4503 WITNESS WHEREOF,the said County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson of said Board,the day and year aforesaid. Miami-Dade County, Florida By its Board of County Commissioners By: C9-9-"`x1 ` ryCV+ Mayor 11I4)Cagder Pepela.s Printed Signature of Mayor Stephen P.Clark Center 111 N.W. 1'Street,Suite 230 Miami, Florida 33128 ATTEST: • I k•, Harvey Ruvin,Clerk of Circuit Court tanY tt By: Dep t Jerk Signature By: '2./2 4 1 4 7 e•fh �-d°Mt) Deputy Clerk Printed Signature Stephen P.Clark Center 111 N.W. 151 Street,Suite 210 Miami,Florida 33128 Prepared by: Daniel O.Borges Miami-Dade Office of Community and Economic Development 140 West Flagler Street,Suite 1100 Miami,Florida 33130 . PAUL 2.IIO3PG45O4 ACKNOWLEDGMENT OF TRUSTEE, ADMINISTRATOR,EXECUTOR GUARDIAN OR ANY PERSON ACTING IN A REPRESENTATIVE CAPATICY STATE OF FLORIDA: __ COUNTY OF MIAMI DADE: The foregoing instrument was acknowledged before me this ?' 7" 1 by ..4 a4JJC4$ , M 4- O✓e- who is personally known to me or who has produced ,as identification and who did (did not)take an oath. Signature of Person Taking Acknowledgment Name—Printed or Typed Title or Rank Serial Number WITNESS,my hand and official seal,this 1 day of ' 74.4.- Lit .A.D.,2001. V ip, rield /4,, KENNETH F.tiUIDSTRJ1IdD • i MY COMMISSION,CC 877373 Ot Public,Statelda at Large .-�.,, EXPIRES:Januaiait8.2004 M. Nj BaneeThaNO4�' uoamni KEN:kir'TH F. GULDSTRAND Printed Signature of Notary My Commission expires / — /r ~O /1 . +a,, •,,ttv','"• ). C~:nM51-7,11;.D 77s`l l7.Mq 67 .t i1.1;..1,..,' 11 } • Watt 21103PG4505 EXHIBIT"A LEGAL DESCRIPTIONS 1) Folio No.08-2122-003-0170 (Parcel No.AL1-17-01) Lots 14 to 16,in Block 3,MAGNOLIA SUBDIVISION,as recorded in Plat Book 40,on Page 80, Dade County,Florida(See attached map#ALI-17-01) 2) Folio No.08-2122-003-1100 (Parcel No.05-02-01A) Lot 14,in Block 8,MAGNOLIA SUBDIVISION,as recorded in Plat Book 40,on Page 80,Dade County,Florida (See attached map#02-05-01 A) 3) Folio No.08-2122-003-1110 (Parcel No.02-05-01B) Lot 15,in Block 8,MAGNOLIA SUBDIVISION,as recorded in Plat Book 40,on Page 80,Dade County,Florida (See attached map#02-05-01 B) :,, r, WEVAL 2f103PG4506 EXHIBIT"A" %.,■(46 • iltat P� G Z T.0.r IA 4 w 3 0/I rriff*,%4 04 firil . ° al / A ' G z ∎ � r ALl- 17 -0 1 03/01/2001 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 LINK: FOLIO 08 2122 003 0170 PROP ADDR 2171 LINCOLN AVE MCD 0800 NAME AND LEGAL VALUE HISTORY DADE COUNTY YEAR 1999 2000 01/01/2001 OFFICE OF COMMUNITY DEVELOPMENT LAND 7179 7179 140 W FLAGLER ST STE 1000 BLDG 39867 39867 MIAMI FL MARKET 47046 47046 331301561 .aaacaeC.aasCCmfaCC...======= ======.===CC MAGNOLIA SUB PB 40-80 ASSESS 47046 47046 LOTS 14 TO 16 INC BLK 3 HEX LOT SIZE 86.870 X 96 WVD OR 16838-1446 0695 3 TOT EX 47046 T 47046 T TAXABLE STATE EXEMPT: COUNTY SALE DATE 06/1995 SALE AMT 44100 SALE TYPE 1 I/V I SALE 0/R 16838-1446 PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREV OWNER PF8-MENU PF13-OCCUP LIC I; re1.✓< �` ' �+x• 'S r.�a<q �x;,r�ij � yq""r' �y+ ' 4P NC S f�"WI: "