21City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75 th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
TO: Steven Alexander, City Manager
FROM: Jorge L. Vera, Capital Improvement Project Manager
DATE: May 7, 2013
South Miami
hOd
ifiiP
2001
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.
1 ORDINANCE NO. ______ _
2
3 An Ordinance providing for the City of South Miami to approve the donation of
4 land related to the Murray park Pool project for right of way dedication, by
5 conveying a 5 foot strip of land approximately 1,843 square feet more or less of
6 swale area along of right of way of SW 68 Street and SW 58 Place SW 57
7 Avenue in South Miami, Florida
8 WHEREAS, the City of South Miami proposes to construct a pool; and
9
10 WHEREAS, it is necessary that certain lands now owned by the City of South
11 Miami, Florida, be dedicated for right of way purposes; and
12
13 WHEREAS, said property is not needed for general City purposes; and
14
15 WHEREAS, the City proposes to dedicate all rights, title and interest that it has
16 in and to said lands for the required dedication of the right of way of SW 68 St. and SW
17 58 PI. for transportation purposes; and
18
19 WHEREAS, the City Commission of the City of South Miami wishes to dedicate
20 said land for right of way purposes.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. The dedication of land for SW 68 St and SW 58 PL right of way for
26 which are in the public or community interest and for public welfare and the land needed
27 for transportation purposes is not needed for general City purposes
28
29 Section 2. The City Manager is hereby instructed to execute the dedication of
30 the land for right of way purposes.
31
32 Section 3. Severability. If any section, clause, sentence, or phrase of this
33 ordinance is for any reason held invalid or unconstitutional by a court of competent
34 jurisdiction, this holding shall not affect the validity of the remaining portions of this
35 ordinance.
36
37 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
38 all sections and parts of sections of ordinances in direct conflict herewith are hereby
39 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
40 of ordinances, that give the appearance of being in conflict when the two ordinances can
41 be harmonized or when only a portion of the ordinance in conflict needs to be repealed
42 to harmonize the ordinances. If the ordinance in conflict can be harmonized by
43 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore,
44 only that portion that needs to be repealed to harmonize the two ordinances shall be
45 repealed.
46
47 Section 5. Effective Date. This ordinance shall become effective upon
48 enactment.
49
50
51
52
53
54 PASSED AND ENACTED this __ day of _____ , 2013.
55
56 ATTEST: APPROVED:
57
58
59
60 CITY CLERK MAYOR
61 1 st Reading B
62 2nd Reading B
63
64 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
65 LANGUAGE, LEGALITY AND Mayor Stoddard:
66 EXECUTION THEREOF Vice Mayor Liebman:
67 Commissioner Newman:
68 Commissioner Harris:
69 Commissioner Welsh:
70 CITY ATTORNEY
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
RIGHT OF WA Y TO BE DEDICATED
A PORTION OF LOTS 10 THROUGH 17, BLOCK 8, REALTY SECURITIES CORPORATION'S TOWNSITE OF LARKINGS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 105 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PAR TlCULA RL Y DESCRIBED AS FOLLOWS:
THE WEST 5.00 FEET OF LOT 10, BLOCK 8 OF SAID PLAT OF REALTY SECURITIES CORPORATION'S TOWNSITE OF
LARKINGS.
TOGETHER WITH:
THE SOUTH 5.00 FEET OF LOTS 10 THROUGH 17, BLOCK 8 OF SAID PLAT OF REALTY SECURITIES CORPORATION'S
TOWNSITE OF LARKINGS.
AND TOGETHER WITH:
THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FEET EASTERLY
OF AND PARALLEL WITH THE CENTERLINE OF S. W. 58th PLACE AND 25 FEET NORTHERL Y OF AND PARALLEL WITH THE
CENTERLINE OF S. W. 68th STREET.
SAID LAND CONTAINING 1,843 SQUARE FEET MORE OR LESS.
LYING AND BEING IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY,
FLORIDA.
NOTES
1) ORDERED BY: CITY OF SOUTH MIAMI
2) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING
PROFESSIONAL LAND SURVEYOR.
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LAND SURVEYORS-ENGiNEERS-LAND PLANNERS -3240 CORPORATE WAY-MiRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)438-3288
ORDER NO. 201319 PREPARED UNDER MY SUPERVISION:
DATE: APRIL 22, 2013
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON SECY & TRfAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
K:\2S5440\LARKIN SUBDMSION\lEGAlS\DWG\RlGHT OF WAY TO BE DEDlCATED.dwg
REVISIONS
SHEET 2 OF 2 SHEETS
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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LAND SURVEYORS-ENGINEERS-LAND PLANNERS -3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)438-3288
ORDER NO. 201319 PREPARED UNDER MY SUPERVISION:
DATE: APRIL 22, 2013
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON SEC'Y. & TREAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
K:\255440\LARKIN SUBDMSION\LEGAL5\DWG\R1GHT OF WAY TO BE DEDICATED.dwg
REVISIONS
LEGEND: 1---------111-~-DENOTES CENTER LINE
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
D.C.R. DENOTES DADE COUNTY RECORDS