15South Miami
b1):d
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
i'iiiP
To: The Honorable Mayor and Members of the City Commission
Via: I-lector Mirabile, Ph.D., City Manager (;1
From: Christopher Brimo, AICP _J.'IIJ/
Planning Director rJ I'
Date: July 24,2012 ITEM No._",--..3I!::. __
SUBJECT:
An Ordinance of the City of South Miami, Florida, abandoning a portion of the
alley that was commonly known as SW 63 rd Terrace Alley (the alley, except for the
portion in question, was abandoned in 1992), and for the reversion of title of said
property to the abutting property owner.
SUMMARY OF REQUEST
The applicant is requesting the review and approval of the abandonment of approximately
135.31 square feet of public right-of-way commonly known as SW 63rd Terrace (Alley)
described in the attached Exhibit A . This alley was approved for abandonment to the two
adjacent property owners by the City Commission on October 5, 1992, by Ordinance
#24-92-1519. However, the abandonment did not take into account the small triangular
portion of right-of way at the northeast comer of the property abutting SW 65th Avenue
(indicated below) and as described in Exhibit A, which is the subject ofthis request.
Original Portion of
ROW abandoned in
1992
Subject
2001
On June 19,2012 the Planning Board following a public hearing, voted 6 ayes, 0 nays
recommending approval of the request for abandonment of the referenced property.
RECOMMENDATION
Staff recommends that the Commission consider the proposed request for the
abandonment of a portion of City right-of-way for 6310 SW 65 th Avenue (Exhibit 2).
Attachments:
Exhibit 1 & 2 (survey)
Draft Ordinance
Ordinance #24-92-1519
Planning Board Minutes
2
1 ORDINANCE NO. -----2
3 An Ordinance of the City of South Miami, Florida, abandoning a portion of the alley that
4 was commonly known as the 63rd Terrace Alley (the alley, except for the portion in
5 question, was abandoned in 1992), and for the reversion of title of said property to the
6 abutting property owner.
7
8 WHEREAS, the City commission has the power to vacate, abandon, discontinue and
9 close an existing public or private street, alley-way, road, highway or other place used for travel
10 or any portion thereof, other than a state or federal highway, and to renounce and quit claim any
11 right of the City and the public in and to any land in connection therewith; and
12
13 WHEREAS, the Administration, in 1992, recommended the vacating of that alley
14 commonly known as 63rd Terrace Alley and legally described in the attached Exhibit" 1 ", as the
15 said alley was not serving any public purpose to the City and because, upon its reversion to the
16 adjacent property owners, it would constitute additional ad valorem tax revenues to the City;
17 and
18
19 WHEREAS, on July 28, 1992, a public hearing was set for September 1, 1992 at 7:30
20 P.M. and notice thereof was published in a newspaper of general circulation in Miami-Dade
21 County at least two weeks prior to the public hearing; and
22
23 WHEREAS, the City Commission, on September 1, 1992, having completed the public
24 hearing, ordained that the alley commonly known as 63rd Terrace Alley and legally described
25 the attached Exhibit. "1" within the City of South Miami was thereby, abandoned, renounced,
26 and disclaimed by the City of South Miami and, pursuant to the plat creating that alley, revert to
27 the ownership of the immedi~tely adjacent properties, which was the property legally described
28 as Lot 1, Aurora Gardens, Plat Book 69, Page 9, Public Records Dade County, Florida.
29
30 WHEREAS, the original abandonment excluded the property legally described in the
31 attached Exhibit 2; and
32
33 WHEREAS, on June 19,2012, the Planning Board at the request of the abutting property
34 owner and following a public hearing, recommended the City Commission abandon the
35 remaining 135.31 square feet legally described in the attached Exhibit 2.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
38 OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1. The portion of the previously abandoned alley (that was commonly known as
41 63rd Terrace Alley) abutting Lot 1, Aurora Gardens, Plat Book 69, Page 9, Public Records Dade
42 County, Florida, that is more fully and legally described in the attached Exhibit 2, is hereby
43 vacated, abandoned, discontinued and closed. The City hereby renounces any right of the City,
44 and of the public, to the property described in Exhibit 2 and hereby quit claims ownership in said
45 property, and authorizes the reversion of title, to the current owner of the immediately adjacent
46 property that is legally described as Lot 1, Aurora Gardens, Plat Book 69, Page 9, Public Records
1 Dade County, Florida. The property owner shall pay the costs associated with the abandonment
2 of this property, including costs of all publication concerning this ordinance and the cost of
3 recording of this ordinance, all attachments thereto and the proof of publication.
4
5 Section 2. Notice. Notice of the adoption of this Ordinance by the Commission shall be
6 published one time, within 30 days following its adoption, in one issue of a newspaper of general
7 circulation published in Miami-Dade County. The proof of publication of the notice of public
8 hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of
9 such Ordinance shall be recorded in the deed records of Miami-Dade County.
10
11 Section 3. Codification. The provisions of this ordinance shall become and be made part
12 of the Code of Ordinances of the City of South Miami as amended; that the sections of this
13 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
14 "ordinance" may be changed to "section" or other appropriate word.
15 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
16 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
17 shall not affect the validity of the remaining portions of this ordinance ..
18
19 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
20 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
21 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances that
22 give the appearance of being in conflict when the two ordinances can be harmonized or when
23 only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If
24 the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
25 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
26 harmonize the two ordinances shall be repealed.
27
28 Section 6. Effective Date. This ordinance shall become effective upon enactment.
29
30
·31 PASSED AND ENACTED this __ day of ,2012.
32
33 ATTEST: APPROVED:
34
35
36 CITY CLERK MAYOR
37 1 st Reading
38 2nd Reading
39
40 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
41 LANGUAGE, LEGALITY AND Mayor Stoddard:
42 EXECUTION THEREOF Vice Mayor Liebman:
43 Commissioner Newman:
44 Commissioner Harris:
45 Commissioner Welsh:
46 CITY ATTORNEY
Prepared By;
Land Surveyors. Inc.
EXHIBIT "1"
NOT A PI>Kf or Tl11~ f'LAT
lOl2
RfSIDellCE
N01f!l,
l.O!' JJ"ft.Nl:3 TO e<! 00MCtD f1f ClIY WMUI. N¥J:lI!'MR
rDIC>!~1I"NOT
~ISti9'~tM) T~i
II If 69"55'42" W 25.00' (I')
If 6B"56'42' W 24.95' (M)
LJ! N 69'55'42' W 25.00' (l'fM)
La N O<'9'06'W 25.00' (I') ,
, If O"tS'07"W,2.5.OO'(M) .. " ..... ,
.. ~ .Y··'·l&'~'/:'·i';~'
GRAP}IIC SCALE (In Feet} ., .. ' ........ '.'. eN,. ".,1.· ..
1 Inch -30' ft, . ~ ."'~.
:<'~"! '. '·i Id
d I . wwwo""ml.nd.(orn Lan Surveyors. nco P (IOS)668.6'69' F
lalnJ1 12220Towlt~Lake Orive.SuitQ '5 oft
'I
EXHIBIT "1"
LEGAL DESCRIPTION:
Lot 1 and·lfi!I. S~,1li2$Ii1~~ ~f sW~dTerraco Alley lying North and adJa~.nt to Lot 1, as doscrib.d in that ce~aln Ordlnanco 24·92·1519, recordod
In Olflclal·R~<)tjl5Il'o~k 16110, P\191t 3102, of AURORA GARDENS, according to tho plat thereof, as r6cord.d In Plat Book 69. Page 9, Public
Records of OI.ml,Oid<n::C)f.Iflty~ Ftoiide;
SPECIFIC SURVEYOR NOTES:
BEARING REFERENCE OF SOUTH 89 DEGREES 53 MINUTES 52 SECONDS EAST IS BASED ONTHE NORTHERLY PROPERTY LINE OF LOT 1
SOUTH 25 FEET OF SW TERRACE AllEY, AURORA GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69,
9 OF THE PUBLIC RECORDS OF MIAMI· DADE COUNTY, FLORIDA.
The legal Oesc:riptiOll Wood to penot'm thl', SUfV(jy was supplied by olher$~, This 5Uf\/ey does not determine or imply ownersNp.
2 Thi$lUntey Mly mows improvemenls fO'.md above ground, Underground 'footings. utilltiQS and encroachments are nOllocatlid en (his SJNey m~p
3..: If lheIG" a icptiC tank. or draIn field shown on 'his ~Ulvey. the Iot'~ticn is appraxlm;!ltf!. and was: detBl'mlned by visual abrJVQ around in~pedion only. and cannot
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6 OimoruiOl\$ uo In feel end decimal, thereof; ~
7 Ou. to Yifl1ing ("OMtruction sL&ndard~ hotJSlt dimensioM are approximate
8 M'j fEMA r100d zone <bta. cont.1lned 01"1 this survey is for in£Oml6tional purposei onlYI' Re~ea,dllo obtain such data was perfOrmed at ~~
9~ AU (:Ofn.~ I'M/ked:l' Jet 'ero It. minimvm a ~ ~diamct~r. 1S"lron ruba, wllh A CtlP st;nnped LB0331
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dcc:ume.n.! ,.In p;sper format. It It nO(valtd without the signature artd oogtnal ralsad £Q~I 01 a Florida UCQflSOO 5wveyor i
1 t t Uoos Othlil'WM Mted, an examtnallon of Ihe abstracl of title was NOT plHfolmed by tho signing 'UNt&),OI' to delermino which insuumenu.lf any, arll affocUng
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EXHIBIT 'W~ "2"
EXHIBIT "2"
24-92-1519 ORPINANCE NO. ~-'-'.' .... ,-....... , -.~'-
AN ORrnN~NC:EOF THE .MAYOR~l{D CITY COMMISSIO~ OF THE
CI/j'Y 01" SOJJ'l;H Ml.hl{li; ELOijrDA ARANDONING THAT ALr.EY
CO!1HONLX. KNOW~ AS G3,aD TSRRAOE ALLEY ANO LF:GM.T,'l
DB!:iCirIBE{j;1lF.R.F.I~BF.toWil?R911IPING FOR SEVERABILITY;
PROV:(DINIlFI:m. ORM~1\N"CES tN CONFLICT; AND PROVIDING AN
EFFl£cfi'Vll! DATE; '. '.' ,. '.
WHE1U1AS, th.e City t:ommlsslon hal> t;h.l# pO'!l.ex 1.0' vdcat,e,
abandon, dlsc'()!ltlnue nnd close an exi·sting publiq or private
stretil, alley-vay, r.oad, highvay or othl'!l, pJ<lce lls<:d for travel
or dny portlonthe:reo~, qtl1eJ: thana state .otfederal high .... ay,
and tD rennwmH ~nd disclaim any right of the city and the PllblJC
1n and to any land In r.:oimectlun I:;hersvith; and
WHEREAS, the Adml nistrat i on hasrecolUmended the. vac:a ti o.g of
thaL dllt!y cOlllIDPnlr kno'''fn aR 6)(0 'l'er.r:dce Alley and legally
descrihcCl in t.l)e ;;l,tti'1uhed Exhl:bil: "AIt, alS the, s~id alley
present:1y serves tIC) pub.1ic purp0l;e to the city and wlU,upon
1 ts revers~cm 1.0 the agja;CEll1t prope%:t~ l:lWner.s, C:O!1l:s1.ltute
a<l..:! l,\:,lQnal ad :v:a:l,9~.~1!I. ta~.t:evenL!e$ to the C1:tYl and
Sl;!t;ljOx; Sep!::'emhllorl, 1..~a.2 at ?:~O, ~.~. ~~. as ~'9on tMteafter.as
!l\iiY be heCil'd allt'!ficd.Sne the:z:;eof· )TClspubl1shed ina ne\l~papel'; of
qeneral cttc:;ulatiQJI Jnbade.County C\t le.as,t t .... o .... e.eks j,lriol;' to
th~ d.ate sl~at;e.9;there.1n £qrs.JJch lleari,nc.:r; a~d
NOW, THE!1.El!'O~Ei BE ITORDArNEti. BY 'l'HE HAYOR AND CITY
COMI:flsstPN6F THE qln 9F ~OUTHI'tIAMI, FLORttlA;
!lsctiqj! ... 1.~That the all:e:y comJnonlyknown as 63raTer,r..ace
"'Hey i;lnd leg.a;ll,y df"AC:l Hien ~~ 1:\11::" att;acht!dExhHllL "A" :withJn
the city of R.outh Mi.amt be;;, and t.he s.ame. hereby is( abandoned;
renomiceo, and dlsclaime.d b'y the c~ty of, 'Sotlth Miami and shdll ..
purlO'Uilllt to toe plat ~r!;:,jLlng that all~y, r..p.veTt to the Q .... ner5hi~
of thf: iD)medlElt~lv atii<'l(,t'llt prol!ert,les, in this C~;i" t.o the Bole
adiacent DtQperty in the plat: Lot li Aucor~ Gatden~r Plat Book
69, Page " Public Records Dade Count.y, tlorid~,
~£!:.1()1~~.2 ... Nol;i¢~ Qi;the ,aovption or this QJ:dlnance by the
CQIIIIUlssiott slJ.all .b~ \:,ubllfjh.,:u 41~~ time, 1II.ii::hin 30 day? J9J.~o"'li1(J
IL;-s \~ddvtd,on, JnO/lQ la.fil,lE: l:)t .ane~qpaJ.ler of ~~I:I~rf.ir ¢.j,lii,:i,llat1ur.
publ i~he"'ltI~!¥(l~Gounty .'fhe ~:t09fhfpubllqC!t.lon uf lIot'H~e of.
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§~*~.~;Rn:J),. 1i),!~ Pt,r1tn:~l),O~ ~fi~,l.4 ~~)q~ ·*.~t~¢.t ~¥mml=.4j..~;J;:l;!:l~ :~~
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63" Terrace Alley
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of$500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 PM.
I
Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini.
Board Member absent: Mr. Cruz (Vice-Chairman).
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: None
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
There are no administrative matters at this time.
IV. Public Hearings
PB-12-020 Applicant: Juan Restrepo
Location: 6310 SW 65 Avenue
A Ordinance of the City of South Miami, Florida, abandoning a portion of the alley that
was commonly known as SW 63rd Terrace Alley (the alley, except for the portion in
question, was abandoned in 1992), and for the reversion of title of said property to the
abutting property owner.
Dr. Hauri read the item into the record.
Mr. Brimo presented the item to the Board.
There was an abandonment of this property back in 1992 and 13 5 square feet was not included
when it originally came before the Board and the intent is to now correct this.
Motion: Mr. Vitalini motioned to approve the item as proposed. This motion was seconded by
Mrs. Beckman.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Mr. Dundorf: Yes
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Memb.ers of the City Commission
Via: Chief Orlando Martinez de Castro, Acting City Manager
From: Christopher Brimo, AICP~~ /
Planning Director fi'l
South Miami
bOd
AlI-America CitY
'11U'
2001
Date: August 7, 2012 ITEM Noo ____ _
SUBJECT:
Addendum to the request for the abandonment of a portion of the alley commonly known as SW 63rd
Terrace Alley, by the abutting property owner, Mr. Juan Restrepo.
SUMMARY OF REQUEST
At the July 24,2012 City Commission meeting it was requested by Vice Mayor Liebman and approved
unanimously by the Commission, that this item be deferred to the next available meeting. This deferral
was to allow staff an opportunity to research if it was feasible to sell the property rather than abandon it,
what it was worth, and how other municipalities handle similar situations.
In researching how other municipalities abandon or vacate public right of way, it was evidenced most
jurisdictions either abandon or vacate portions of property to abutting property owners after an analysis of
the request to ensure the proposal is not detrimental to the public good, and after a duly noticed public
hearing. Others deal more specifically with the sale or lease of public property.
I have included the requirements from Florida Statute § 336.09 and 336.10, code requirements from the
Village of Pinecrest and City of North Miami, and the requirements for the sale or lease of public
property from the Cities of Coral Gables and Miami Beach, for your information.
The following computation was used to calculate the estimated value of the 135 square feet being
requested.
Value per square foot of abutting property
Abutting Property 2011 Land Value Lot Size $/square foot
6310 SW 65 Ave 112,320 14,625 7.68
Note: values and size were obtained from the Miami-Dade Property Appraiser database.
Estimated Value
ROW -square feet $/square foot Estimated Value
135 7.68 .'/ .. $1,037
Property Information:
Folio 09-4025-054-0010
Property Address 6310 SW 65 AVE
Owner Name(s) JUAN M RESTREPO
JENNIFER RESTREPO
Mailing Address 6310 SW 65 AVE
SOUTH MIAMI FL
33143
Primary Zone 0800 SINGLE FAMILY RESIDENCE
Use Code 0001 RESIDENTIAL -SINGLE FAMILY
Beds/Baths/Half 4/3/0
Floors 1
Living Units 1
Adj. Sq. Footage NaN
Lot Size 14,625 sa FT
Year Built 1961
Legal Description AURORA GARDENS
PB 69-9
LOT 1 & 25FT OF SW 63 TERR ALLEY
L YG N & ADJ CLOSED PER
ORD 24-92-1519
LOT SIZE 117.000 X 125
Assessment Information:
Current Previous
Year 2011 2010
Land Value $112,320 $112,320
Building Value $203,394 $204,698
Market Value $315,714 $317,018
Assessed Value $315,714 $317,018
Exemption Information:
Current Previous
Year 2011 2010
Homestead $25,000 $25,000
2nd Homestead $25,000 $25,000
Senior $0 $0
Veteran Disability $0 $0
Civilian Disability $0 $0
Widow(er) $0 $0
Disclaimer:
A
N
MIAMI-DADE COUNTY
OFFICE OF THE PROPERTY APPRAISER
PROPERTY SEARCH SUMMARY REPORT
Honorab/e Pedro J. Garcia
Property Appraiser
Aerial Photography 2010
Taxable Value Information:
Current Previous
Year 2011 2010
Exemption/T axable Exemption/Taxable
County $50,000/$265,714 $50,000/$267,018
School Board $25,000/$290,714 $25,000/$292,018
City $50,000/$265,714 $50,000/$267,018
Regional $50,000/$265,714 $50,000/$267,018
Sale Information:
Date Amount Recording Qualification Code
Book-Page
9/2011 $455,000 27839-1467 Sales qualified as a result of
examination of the deed
8/2005 $0 23694-2321 Sales which are disqualified as
a result of examination of the
deed
8/2004 $365,000 22620-0835 Sales which are qualified
2/2004 $327,000 22072-0717 Sales which are qualified
9/1994 $0 16549-4117 Sales which are disqualified as
a result of examination of the
deed
The Office of the Property Appraiser and Miami-Dade County are continually editing and updating the tax roll and GIS data to reflect the latest property information
and GIS positional accuracy. No warranties, expressed or implied, are provided for data and the positional or thematic accuracy of the data herein, its use, or its
interpretation. Although this website is periodically updated, this information may not reflect the data currently on file at Miami-Dade County's systems of record.
The Property Appraiser and Miami-Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information provided regardless of the
cause of such or for any decision made, action taken, or action not taken by the user in reliance upon any information provided herein. See Miami-Dade County full
disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp.
Property information inquiries, comments, and suggestions email: pawebmail@miamidade.gov
GIS inquiries, comments, and suggestions email: gis@miamidade.gov Generated on: Thursday, July 26,2012
The 2012 Florida Statutes
336.09 Closing and abandonment of roads; authority.-
(1) The commissioners, with respect to property under their control may in their own
discretion, and of their own motion, or upon the request of any agency of the state, or of the
federal government, or upon petition of any person or persons, are hereby authorized and
empowered to:
(a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road,
highway, or other place used for travel, or any portion thereof, other than a state or federal
highway, and to renounce and disclaim any right of the county and the public in and to any land
in connection therewith;
(b) Renounce and disclaim any right of the county and the public in and to any land, or interest
therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or
highway purposes, other than lands acquired for state and federal highway; and
(c) Renounce and disclaim any right of the county and the public in and to land, other than land
constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat
as a street, alleyway, road or highway.
(2) The commissioners, upon such motion, request, or petition, may adopt a resolution
declaring that at a definite time and place a public hearing will be held to consider the
advisability of exercising the authority granted in this section.
History.-s. 49, ch. 29965, 1955.
336.10 Closing and abandonment of roads; publication of notice.-
Before any such road shall be closed and vacated, or before any right or interest of the county or
public in any land delineated on any recorded map or plat as a road shall be renounced and
disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one
time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated
therein for such hearing. After such public hearing, any action of the commissioners, as herein
authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the
commissioners. The request of any agency of the state, or of the United States, or of any person,
to the commissioners to take such action shall be in writing and shall be spread upon the minutes
of the commissioners; provided, however, that the commissioners of their own motion and
discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution
by the commissioners shall be published one time, within 30 days following its adoption, in one
issue of a newspaper of general circulation published in the county. The proof of publication of
notice of public hearing, the resolution as adopted, and the proof of publication of the notice of
the adoption of such resolution shall be recorded in the deed records of the county.
History.-s. 50, ch. 29965, 1955.
Village of Pinecrest: ARTICLE IV. -VACATION OF PUBLIC EASEMENTS OR RIGHTS-OF-WAY [13]
Sec. 26-81. -Generally.
Sec. 26-81. -Generally.
The village council shall cite specific findings in support of a final decision to vacate a public easement or right-of-way,
including an absence of public purpose for the subject easement or right-of-way. Similarly the village council shall identify
specific findings in support of any decision to retain the public easement or right-of-way. Any decision to vacate a public
easement or right-of-way shall be by resolution of the village council.
(1) Proposals to vacate. A proposal to vacate a public easement or right-of-way, excepting street
closures, may be initiated by a vote of the Village Council or upon the filing of an application, as
specified herein, by one or more owners of property within the village.
(2) Application and review. The village manager or his designee shall review all applications for
vacation of public easements and rights-of-way, excepting street closure. Any proposal for
vacation of public easements or rights-of-way shall be submitted as an application to the
building and planning department. The village manager shall prescribe the form and content of
the application for vacation of public easements and rights-of-way, excepting street closure,
and shall coordinate a thorough review of such applications with the police department and
other village staff as may be appropriate and such other relevant public or private entities
providing utilities or other public services within the village as the village may deem appropriate.
(c) Findings of no public purpose. In the considering applications for vacating public easements or rights-of-
way, the village manager and all relevant village staff shall review whether any public purpose is served
by the subject easement or right-of-way. This evaluation shall consider all relevant public purpose options
associated with drainage systems; water service; sanitary sewer services; roadways, pedestrian and/or
bicycle ways, and alleys; public safety, including emergency service access and egress; communication
systems; power and/or fuel networks; or other public or semi-public services essential to the public
welfare and safety. Consideration shall include present and future needs for the easement or right-of-way
for purposes of accommodating or improving delivery of public services and alternatives available and/or
ensuring convenient access for service and/or maintenance or other public benefit now or in the future. In
order to affirmatively recommend vacation of easements and/or rights-of-way, the village manager shall
render a finding that no current or future public propose can be identified for the subject easement or
right-of-way.
(d) Public hearing, notice and final determination by village council. The village council shall render the final
determination regarding a vacation of a public easement or right-of-way after convening a public hearing
with notice given as required by Florida Statutes and written notice to the applicant and/or property owner
and providers of public services setting forth the time, place and purpose of the hearing.
(Ord. No. 2002-8, 11-13-02)
FOOTNOTE(S):(13) Editor's note--Ord. No. 2002-8, adopted November 13,2002, amended the Code by renumbering former § 30-13
of the land development regulations as a new art. IV, § 26-81
North Miami, Florida, Code of Ordinances» PART 11-CODE OF ORDINANCES» Chapter 29-
LAND DEVELOPMENT REGULATIONS» ARTICLE 3. -DEVELOPMENT REVIEW» DIVISION 9.-
VACATION AND ABANDONMENT OF RIGHT-OF-WAY AND EASEMENTS»
DIVISION 9. -VACATION AND ABANDONMENT OF RIGHT-OF-WAY AND EASEMENTS
Sec. 3-901. -Purpose and applicability.
Sec. 3-902. -Application.
Sec. 3-903. -Standards.
Sec. 3-904. -Staff review, report and recommendation.
Sec. 3-905. -Planning commission review and recommendation.
Sec. 3-906. -City council review and decision.
Sec. 3-907. -Effect of vacation or abandonment.
Sec. 3-901. -Purpose and applicability.
The purpose of this division is to establish a uniform procedure for the abandonment of nonfee property
interests of the city. This division applies to city streets, alleys, easements and other nonfee property
interests of similar character.
(Ord. No. 1278, § 1 (exh. 1),4-28-09)
Sec. 3-902. -Application.
All requests for abandonment of city streets, alleys, easements and other nonfee interests which the city
may have in real property shall be made in writing upon an application form approved by city staff and
shall be accompanied by applicable fees, and shall be filed with the community planning and
development department.
(Orel. No. 1278, § 1(exh. 1),4-28-09)
Sec. 3-903. -Standards.
Applications for vacation or abandonment of city streets, alleys, easements and other nonfee interests
which the city may have in real property shall be approved provided that it is demonstrated that:
A. The nonfee property interest sought to be vacated or abandoned:
1. Does not provide a benefit to the public health, safety, welfare or convenience,
in that:
a. It is not being used by the city for any of its intended purposes; and
b. No comprehensive plan, special purpose plan or capital improvement
program anticipates its use; or
1
2. Provides some benefit to the public health, safety, welfare or convenience, but
the overall benefit anticipated to result from the vacation or abandonment
outweighs the specific benefit derived from the nonfee property interest, in that:
a. The purpose of the interest sought to be vacated or abandoned will be
adequately and appropriately served in an alternative manner when the
interest is vacated or abandoned;
b. The vacation or abandonment will not compromise the delivery of
emergency services;
c. The vacation or abandonment will not compromise pedestrian or
vehicular safety;
d. The vacation or abandonment will not interfere with solid waste
removal services;
e. The vacation or abandonment will not frustrate any comprehensive
plan, special purpose plan or capital improvement program of the city;
f. The vacation or abandonment will not interfere with any planning effort
of the city that is underway at the time of the application but is not yet
completed; and
g. The vacation or abandonment will provide a material public benefit in
terms of promoting development or redevelopment of abutting property,
removing blighting influences or improving the city's long-term fiscal
position.
B. The proposed vacation or abandonment will be accomplished in accordance with all
applicable standards of local, state and federal authorities.
C. The proposed vacation or abandonment will promote development or redevelopment
that will maintain or enhance the character of the surrounding area.
D. The proposed vacation or abandonment will not have a negative fiscal impact on the
city or result in development that will have a negative fiscal impact on the city.
(Ord. No. 1278, § 1(exh. 1),4-28-09)
Sec. 3-904. -Staff review, report and recommendation.
A. Upon receipt of an application pursuant to this division, the community planning and
development department director shall review the application to determine whether it is complete.
B. The application package shall be distributed either by regular mail or by hand, to all public
utility companies and city-operated utilities that have facilities within the area of the interest
sought to be vacated or abandoned. The notice shall request their review and comment within
twenty (20) days, and shall be delivered to:
1. City manager;
2. Community planning and development department;
3. Public works department;
4. Police department;
5. Parks and recreation department;
2
6. City clerk;
7. City attorney; and
8. Such other agencies as determined by the director of community planning and
development.
C. Within forty-five (45) days of distribution of the application to public utility companies and city-
operated utilities, the director of community planning and development shall:
1. Review the application for compliance with the standards set out in section 3-903
2. Provide a report which addresses the application's compliance with the standards set
out in section 3-903 and summarizes all comments submitted with regard to the
application;
3. Provide a proposed resolution granting approval or approval with conditions;
4. Forward the entire record of the application, including all application materials, the
report, the proposed resolution and all correspondence related to the application to the
planning commission;
5. Schedule the application for hearing before the planning commission; and
6. Provide notice of the planning commission hearing pursuant to article 3, division 3.
D. After the public hearing of the planning commission, the director of community planning and
development shall:
1. Schedule the application for hearing before the city council;
2. Forward the entire record of the application, including all application materials, the staff
report and recommendation, the proposed resolution, all correspondence related to the
application, the findings and recommendation of the planning commission, and the
transcript of the planning commission proceeding to the city council; and
3. Provide notice of the city council hearing pursuant to article 3, division 3.
(Ord. No. 1278, § 1 (exh. 1),4-28-09)
Sec. 3-905. -Planning commission review and recommendation.
The planning commission shall:
A. Review the application at a public hearing;
B. Make written findings with respect to whether the application complies with the
standards set out in section 3-903; and
C. Make a written recommendation to the city council with regard to whether the
application should be approved, approved with conditions or denied.
(Ord. No. 1278, § 1 (exh. 1),4-28-09)
Sec. 3-906. -City council review and decision.
The city council shall review the application at one (1) public hearing. At the public
hearing, the city council shall:
3
A. Decide whether the application should be approved, approved with conditions, denied
or deferred;
B. If the application is not deferred, make written findings of whether the application
complies with the standards set out in section 3-903
C. If the application is approved or approved with conditions, cause notice of the approval
to be published in accordance with section 3-908.
(Ord. No. 1278, § 1(exh. 1),4-28-09)
Sec. 3-907. -Effect of vacation or abandonment.
A. The effective date of any resolution pursuant to this division shall be the date of adoption of
any resolution or in the event the resolution is subject to conditions, the effective date will be
compliance with those conditions.
B. A vacation or abandonment pursuant to this division shall renounce and disclaim any rights in
any land delineated on any recorded map, and shall abrogate the easement theretofore owned,
held, claimed or used by or on behalf of the public. The title of fee owners shall be freed and
released therefrom, and if the fee of road space has been vested in the city, it is surrendered and
will vest in the abutting fee owners to the extent and in the same manner as in case of termination
of an easement for road purposes.
C. Whenever any street, alley or other public way is vacated or abandoned, the zoning
regulations governing the property abutting upon each side of such street, alley or public way
shall be automatically extended to the center of the former street, alley or public way.
D. Whenever land that is the subject of a vacation or abandonment has been built-up by fill of
formerly submerged lands, the zoning regulations applying to the land immediately adjoining such
built-up land shall be automatically extended thereto.
(Ord. No. 1278, § 1(exh. 1),4-28-09)
4
City of Miami Beach:
ARTICLE II. -SALE OR LEASE OF PUBLIC PROPERTY
Sec. 82-36. -Definitions.
Sec. 82-37. -Committee review and public hearing.
Sec. 82-38. -Planning analysis.
Sec. 82-39. -Advertised public bidding process.
Sec. 82-40. -Payment of costs.
Secs. 82-41-82-70. -Reserved.
Sec. 82-36. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City property includes, but is not limited to, any land, water or air rights.
Lease of city property means any right to lease city property by way of agreement, irrespective
of consideration being paid to the city, and irrespective of the city's also utilizing or being
allowed to utilize the property for any purpose during the term of the lease. For purposes of this
article, the term "lease" shall not include special event permits; revocable permits; concession
agreements; convention center use agreements or similar use agreements for short-term use of
any of the city's cultural and/or parks and recreation facilities; management and operation
agreements; or leases for a term of not more than one year, including option periods.
Sale of city property means any conveyance, transfer, gift, exchange or other transaction in
which legal title passes from the city to any person or entity, whether or not the city retains any
partial title, interest, reservation, easement, right-of-way, dedication, restriction or license in
regard to the property.
(Ord. No. 92-2783, § 1, 6-17-92; Ord. No. 2006-3509, § 1, 3-8-06; Ord. No. 2010-3690, § 1, 9-
15-10)
Cross reference-Definitions generally, § 1-2.
Sec. 82-37. -Committee review and public hearing.
(a) Prior to the sale or lease of city property for a term of more than ten years (including option
periods):
(1) The proposed sale or lease shall be transmitted by the city manager (without the need for
referral by the city commission) to the finance and citywide projects committee, for its review;
and
(2) The city commission shall have read the title of the resolution approving the sale or lease on
two separate dates, with the second reading to be accompanied by a public hearing, which may
be set by the city manager and shall be advertised not less than seven days prior to said hearing,
in order to obtain citizen input into the proposed sale or lease.
1
(b) Prior to the lease of city property for a term often years or less (including option periods):
(1)
Thc proposed lease shall be transmitted by the city manager (without the need for referral by the
city commission) to the finance and citywide projects committee, for its review; and
(2)
The city commission may approve the lease on one reading, which shall be accompanied by a
public hearing, which may be set by the city manager and shall be advertised not less than seven
days prior to said hearing, in order to obtain citizens input into the proposed lease.
(Ord. No. 92-2783, § 2, 6-17-92; Ord. No. 2006-3509, § 1,3-8-06; Ord. No. 2010-3690, § 1,9-
15-10)
Sec. 82-38. -Planning analysis.
For any sale of city property, or lease of city property of more than ten years (including option
periods), and in order for the city commission and the public to be fully apprised of all conditions
relating to the proposed sale or lease of such city property, the city's planning department shall
prepare a written analysis, to be submitted to the city commission concurrent with its
consideration of the proposed sale or lease, using the following criteria:
(1)
Whether or not the proposed use is in keeping with city goals and objectives and conforms to the
city's comprehensive plan.
(2)
The impact on adjacent properties (if any), including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level, 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
purchaser/lessee shall be responsible for obtaining and paying for a traffic impact analysis from a
reputable traffic engineer.
(3)
A determination as to whether or not the proposed use involves a public purpose, or is in keeping
with the community's needs, such as expanding the city's revenue base, reducing city costs,
creating jobs, creating a significant revenue stream, and/or improving the community's overall
quality of life.
(4)
A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation of the
design and aesthetic considerations of the proposed development or project.
(5)
The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
(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.
2
Notwithstanding any provision in this section 82-83, the city manager, in his/her reasonable
judgment and discretion, may require the planning department to prepare a written analysis
(using the criteria in subsections (1 )-(6) above) on any proposed lease, regardless of the term,
where the city manager determines that such analysis is in the best interest of the city.
(Ord. No. 92-2783, § 3, 6-17-92; Ord. No. 2006-3509, § 1,3-8-06; Ord. No. 2010-3690, § 1,9-
15-10)
Sec. 82-39. -Advertised public bidding process.
(a)
. There shall be no sale or lease of city property unless there has been an advertised public bidding
process. For sale or leases of city property, the conditions of this subsection 82-39(a) may be
waived by a five-sevenths vote of the city commission, upon a finding by the city commission
that the public interest would be served by waiving such conditions.
(b)
For any sale of city property, or lease 'of city property of more than ten years (including option
periods), the city shall obtain an independent appraisal of the fair market or rental value of the
property. The appraiser must be experienced in determining a reasonable return for projects of a
public/private joint venture nature. Should the purchaser or lessee be unwilling to pay the cost of
such appraisal, then any such cost may be deducted from a bid bond or similar deposit made in a
bid process. The appraisal shall include a determination of the value of the property based on
proposed and possible uses including, without limitation, the highest and best use(s) of the
property thereof by the proposed purchaser or lessee. With regard to any sale or lease of city
property for which an appraisal is required, the conditions of this subsection 82-39(b) may be
waived by a five-sevenths vote of the city commission, upon a finding by the city commission
that the public interest would be served by waiving such condition.
(Ord. No. 92-2783, § 4, 6-17-92; Ord. No. 2006-3509, § 1,3-8-06; Ord. No. 2010-3690, § 1,9-
15-10)
Sec. 82-40. -Payment of costs.
All costs associated with the sale or lease procedures addressed in this article shall, at the option
of the city manager, be paid by the purchaser or lessee prior to, or at the time of closing (for
sales), or (for leases) execution of the lease agreement by lessee.
(Ord. No. 92-2783, § 5, 6-17-92; Ord. No. 2006-3509, § 1,3-8-06; Ord. No. 2010-3690, § 1,9-
15-10)
Secs. 82-41-82-70. -Reserved.
3
City of Coral Gables
Procurement Code
DIVISION 12. PURCHASE, SALE OR LEASE OF PUBLIC PROPERTY
Sec. 2-2011. Purchase, sale or lease of public lands.
Whenever the city proposes to purchase, sell or lease public lands or buildings, the
provisions of this section shall apply, unless the city commission upon a four-fifths vote
finds that the public interest would be served by waiving any or all provisions of this
article.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2012. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
. City property includes but is not limited to any land, water or air rights.
Lease of city property means any right to lease city property by way of agreement,
irrespective of consideration being paid to the city, and irrespective of the city's also
utilizing or being allowed to utilize the property for any purpose during the term of the
lease. For purposes of this article, the term "lease" shall not include special event permits,
revocable permits, concession agreements, management agreements, use agreements or
leases for a term of not more than three years, including option periods.
Sale of city property means any conveyance, transfer, gift, exchange or other transaction
in which legal title passes from the city to any person or entity, whether or not the city
retains any partial title, interest, reservation, easement, right-of-way, restriction or license
in regard to the property. This definition shall include any sale of development rights as
defined in this €(iij~, and transfer development rights. This definition shall not include a
vacation or abandonment of a city public right-of-way, including streets or alleys, or the
encroachment thereupon.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2013. City-owned property sale or lease--Generally; advertised public bidding
process.
Notwithstanding any provision to the contrary contained in this §ode, and except as
provided below, the city commission is prohibited from favorably considering any sale or
lease of city-owned property unless (a) there shall have been, prior to the date of the city
commission's consideration of such sale or lease, an advertisement soliciting proposals
for said sale or lease published in a daily newspaper of general paid circulation in the
city, allowing not less than 60 days for the city's receipt of proposals from prospective
purchasers or lessees, said advertisement to be no less than one-fourth page and the
headline in the advertisement to be in a type no smaller than 18-point and, (b) except as
provided below, there shall have been at least three written proposals received from
prospective purchasers or lessees; except, if there are less than three such proposals
received, the guaranteed return under the proposal whose acceptance is being considered
is at least equal to market value, and the city commission determines that the
contemplated sale or lease at that time will be in the city's best interest.
12
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2014. Appraisals required for purchases, sales and leases.
(a) Whenever the city purchases, sells or is involved in a lease of real estate and the fee
simple value of the property being bought or sold, or the annual value of the property
being leased is in excess of $250,000.00, the city shall, prior to consummating the
purchase, sale or lease, have the property appraised by two real estate appraisers holding
the M.A.I. designation in order to determine the estimated market value.
(b) Should the purchaser or lessee be willing to pay the cost of such appraisal, then any
such cost may be deducted from a bid bond or similar deposit made in a bid process.
(c) In all lease or sales of property, the conditions ofthis section may be waived upon a
four-fifths vote of the city commission upon a finding by the city commission that the
public interest would be served by waiving such conditions of bidding and/or appraisal
for the disposition of the property.
(d) The city commission shall be informed of each of the appraisals prior to city
commission approval or disapproval of the transaction.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2015. Payment of costs.
All costs associated with the sale or lease procedures addressed in this article shall be, at
the option of the city, paid by the purchaser or lessee.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2016. Analysis for the purchase, sale or lease of city property.
In order for the city commission and the public to be fully apprised of all conditions
relating to the proposed purchase, sale and/or lease of city property, the city manager
through a report by the finance, economic development, parking, public works, planning
and historic preservation departments, with an analysis from the parking advisory board
and historic preservation board, when applicable, shall prepare an analysis with
recommendations of the proposed purchase, sale and/or lease of city property, including
answers to the appropriate questions below. The budget and audit advisory board, the
property advisory board and the economic development board, by whatever name as the
boards shall ever be known, shall prepare an analysis using the following criteria:
(1) Budget and audit advisory board.
a. Is the purchase, sale and/or lease consistent with the property appraisal as required
under section 2-2014?
b. What is the immediate impact on the current fiscal budget and the long term effect on
future budgets, i.e. the long-term overall effect on the city?
c. Considering the city's mission statement, are there other alternatives to entering into
the proposed transaction?
(2) Property advisory board.
a. Does the proposed use conform to the city's comprehensive plan and is it compatible
with the surrounding neighborhood?
b. Analyze the positive or negative impacts on adjacent property including, but not
limited to, open space, traffic, access considerations, noise level, property values,
improved development patterns and provision for necessary services including municipal
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utilities and other infrastructure systems and the needs and costs associated with the
needed improvements. To the extent needed, traffic studies and other professional studies
required shall be the responsibility of the proposed purchaser, developer, or lessee.
c. Are the terms and conditions of the proposed purchase, sale, or lease of city property;
or the proposed purchase or lease by the city of non-city property based on market terms
and value?
(3) Economic development board.
a. Is the proposed use in keeping with city goals and objectives?
b. What is the economic impact to the city including, i.e. is the proposed use in keeping
with a public purpose and community needs, such as expanding the city's revenue base,
reducing city costs, creating jobs, creating a significant revenue stream, and improving
the community's overall quality of life?
c. Are there alternatives available for the proposed disposition, including assembly of
adjacent properties and can the project be accomplished under a private ownership
assembly?
The finance, economic development, parking, public works, planning and historic
preservation departments, with an analysis from the parking advisory board and historic
preservation board, when applicable, along with the budget and audit advisory board, the
property advisory board and the economic development board's analysis may address
such other issues as these boards may deem appropriate in analysis of the proposed
disposition.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2017. Purchase, sale, lease of real property.
(a) Prior to the city's entering into any contract, agreement or lease relating to the
purchase, sale or leasing of real property by, to or from the city, all individuals,
corporations, partnerships, joint ventures or other legal entities having any interest of any
kind in the property to be purchased, sold or leased, shall file with the city a document
identifying the extent of its ownership interest in the subject real property.
(b) Failure by any party to comply with the requirements of subsection (a) hereof shall
render the entire agreement to purchase, sale or lease voidable.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2018. Hearing.
Prior to the purchase, sale and/or lease of city property, the city commission shall hold
two public hearings, advertised not less than 15 days prior to the hearing, in order to
obtain citizen input into any proposed purchase, sale and/or lease.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
Sec. 2-2019. Authority of city commission to purchase, sell or lease public property.
(a) Ordinance requirement/super majority vote for property for sale above
$1,000,000.00 or lease for a term in excess often years.
(1) Sale of property with an estimated market value under $1,000,000.00. Except as
otherwise provided herein, sale of city land or buildings with an estimated market value
under $1,000,000.00 are exempt from this section.
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(2) Leases jor terms exceeding ten years. Except as otherwise provided herein, no lease
of city lands or huildings exceeding ten years shall be approved except by authority of an
ordinance passed by a recorded affirmative vote of four-fifths of all the members of the
city commission.
(3) Purchase ojproperty with an estimated market value in excess oj$1,000, 000. 00.
Except as otherwise provided herein, no purchase of property shall be approved except by
authority of an ordinance passed by a recorded affirmative vote of four-fifths of all the
members ofthe city commission.
(4) Leases jor terms under ten years. Except as otherwise provided herein, leases of
city lands or buildings for terms under ten years are exempt from this section.
(b) Resolution requirement.
(1) Sale oj city-owned lands or buildings. Notwithstanding any provision to the
contrary contained herein, the city commission is authorized to approve by resolution, the
sale of any city-owned land with an estimated market value below $1,000,000.00 by
simple majority.
(2) Lease oj city-owned lands or buildings. Notwithstanding any provisions to the
contrary contained herein, the city commission is authorized to approve by resolution the
lease of city-owned land or buildings for a term not to exceed ten years, including all
options. All other leases or use agreements must comply with the requirements of
subsection (a)(2) above.
(3) Purchase ojproperty with an estimated market value below $1,000,000.00.
Notwithstanding any provisions to the contrary contained herein, the city commission is
authorized to approve by resolution the purchase of any land or bUilding.
(Ord. No. 2004-30, § 2, 8-24-2004; Ord. No. 2008-27, § 2, 10-28-2008)
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