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Ord No 13-13-2160ORDINANCE NO. 13-13-2160 An Ordinance providing for the City of South Miami to approve the donation of land related to the Murray park Pool project for right of way dedication, by conveying a 5 foot strip of land approximately 1,843 square feet more or less of swale area along of right of way of SW 68 Street and SW 58 Place SW 57 Avenue in South Miami, Florida WHEREAS, the City of South Miami proposes to construct a pool; and WHEREAS, it is necessary that certain lands now owned by the City of South Miami, Florida, be dedicated for right of way purposes; and WHEREAS, said property is not needed for general City purposes; and WHEREAS, the City proposes to dedicate all rights, title and interest that it has in and to said lands for the required dedication of the right of way of SW 68 St. and SW 58 Pl. for transportation purposes; and WHEREAS, the City Commission of the City of South Miami wishes to dedicate said land for right of way purposes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The dedication of land for SW 68 St and SW 58 PL right of way for which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for general City purposes Section 2. The City Manager is hereby instructed to execute the dedication of the land for right of way purposes. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. Pg. 2 of Ord. No. 13 -13 -2160 PASSED AND ENACTED this 21 shay of Ma ATTEST: C CLERK 1St Reading - 5/7/13 2 "d Reading- 5/21/13 READ AND PROVED AS TO FORM: LANGUAjar, LEGALITY AND EX ON THEREOF-, ATTORN .2013. 11 FWAYL91 ;. COMMISSION VOTE: 4 -1 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Nay Commissioner Harris: Yea Commissioner Welsh: Yea SOUT, South Miami p City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT Aif i#rne�acaCiiY 4795 SW 75 1' Avenue Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 2001 TO: Steven Alexander, City Manager FROM: Jorge L. Vera, Capital Improvement Project Manager DATE: May 7, 2013 % Ordinance: An Ordinance providing for the City of South Miami to approve the donation of land related to the Murray park Pool project for right of way dedication, by conveying a 5 foot strip of land approximately 1,843 square Feet more or less of swale area along of right of way of SW 68 Street and SW 58 Place SW 57 Avenue in South Miami, Florida. Background: The City is in the process on constructing a swimming pool at Murray Park. During the surveying of the parcel of land were the pool is being located, the surveyor notice that the proper dedication for the right of way abutting the parcel had not been provided. Additionally, the FPL overhead lines and any future utility lines would fall within the property and an easement for said utilities would need to be provided in the event that a dedication was not made. It will be beneficial for the City to provide the dedication instead of the easement. The dedication of the right of way would serve two purposes. First, the correct width of 50 feet right of way would provide consistency throughout the City so that all the City streets and all sidewalks would be in the right of way. Second and most important, all the utilities would remain in the right of way, this would prevent the utility companies from entering and working inside the property in the event that there is a need for repair or maintenance. Expense: Not applicable Account: Not applicable. Attachments: Proposed Ordinance Sketch. z Lu ? 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FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Lega) Notices of the Miami Daily Business Review We, Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MAY 21, 2013 in the XXXX Court, was published in said newspaper in the issues of 05/10/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second Class snail matter at the post office in Miami in said Miami -Dade County, Fforlda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing s advertl5onMN for publication in the said newspap9r. Sworn to and subscribed before me lhis 10 day of MAY , A.D. 2013 (SEAL) O.V. FERBEYRE personally known to me Notary Public State of Florida t Cheryl H Marmer ; 7 {ya My Commission EE 189528 `ai fv&Q Expires 07118/2616 r `* r qe* 01 CITY OF SOU i H MIAMI NOTICE OF,PUBLIC HEARING tr ; No nc£.Is fiFBEBY utvQn that the City CornHiissfon of the City.of Sout)i Nl ami, FConc -..i w 91 conduct I?obl� c FIcadnttlw at its reclular City Corrressirirr meriting sY iLNJoled fvr.Tuesday, I'Aay 21, 2013; Ler}innin- at 7 :00 p-nL, In the' City' Comma -gslom Gharroels, 01;54: Sunsct Drfvu; to consider. tho following itcm(s): A Resdlullon authoiizilig tho Cily Manager 16 cxcculo arr -Offer iii• SeliVroaill -•wilh thri- Unileci. Slates Srrrurities and Exe}>znge Corrimics[on'eonceminfJ cr�f4ain park ±ng garr:Oc�,refa!>3d'sti-crtnflo e. law'vlolatlons aryl necossary actions For implemenl'allun of the _C7rder a6ceptIng lho Offer. of Seltleni6pt indudwg hifing:,a copsuitant for rnnrd Marione yead: An .Qrdinarice amending Section 20.3.3(C)(6) Permitted Elsa Scheciule,,of the Land Development Code; prvvid ng for additional ,around hoar and third tfpir rises .for certain 1 }roperlies in the "SR -Specialty Retail" zoning district: Ftn Ordinaaiec prodidir9JOrlba City,at Sot.rih Warni•to approvo,the ' tlenati'n of land related la the M,rrray,pprt[ Poaiproject for right of •.way.dedic an, fry CflridByi?Yi} a. 5: loot strip 01 land approxirnatat? i ;E+t3'srtuare feet rlioro- or I ^ss of swaie rs a alesp of ria,ht of wa. y of 5W 6B Street and SLM1 5B Place SW 57 Avenue in South'i1lart11, Florida. ALL interested partlesare friwifecita_attEnd andwrli be.ireard. err For further information, pfe,,se contact the Cily Clerks Offfee ?"4 at•305 6- 6340 �} Maria M Menendez; ChriC , 1r, city der k puratiaint'to Florida Statutes 246.t7105, the City hcicby; advises the public that if a persowdecides to appeal 'any dxLmoii made by this D3 ard, Agen ., or Commission wrlh.rospL-_t; to any nutter consfdefed at its meeting or. hearing, he or step will need a woord.oI th©.proceedrngs, and that for suo pug.dsa, alfccled person may need to onsura that :a vefleatim rc�rd of'tha proceedings is made which record includes the testtrrioriy arxxi evi¢once upon wtlich the appeal Is to be based.' 5110 13- 0- 278120s30e7M 5 � a � =1UEo`5 CD 1 ,4 fp N gp° F�pH a a z 9 B LL N ern° � N � G3 � can a'9 � �•'_�'�� n m A• LU fA n m LL, N f ri n a 5' 0 _ � E a IW6 ;. yam, co L c'c o m `m E �7N LO ID A° v E a v ,L. a tm 3 y m m t E E "'$ 4 F E .2 _ m A h _ ° ©- _ v� sg v i ; a U � $ � sazg�� s � a E p s a CD (i j m ¢"' LW "L YS N a, ieoQ 1 Z 90 .e. 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