12TO:
FROM:
DATE:
City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
Steven Alexander, City Manager
Jorge L. Vera, Capital Improvement Project Manager
May 7,2013
South Miami
hOd mr
2001
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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
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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 PI. 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.
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 Y'v 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 RJ;CORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY 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 EASTERL Y
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 PREPAR[D UNDER MY SUPrRVISION:
DATE: APRIL 22, 2013
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. L8-87
MARK STEVEN JOHNSON SEC'Y. & TREAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
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REVISIONS
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SHEET 1 OF 2 SHEETS
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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 SUBDMSIDNILEGALS\DWG\RIGHT OF WAYTO BE DEDICATED.dwg
REVISIONS
LEGEND: I-----------JII_ q:-DENOTES CENTER UNE
P.B. DENOTES PLAT BOOK
PC. DENOTES PAGE
D.C.R. DENOTES DADE COUNTY' RECORDS
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review flk/a 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 mail matter at the post
office in Miami in said Miami-Dade County, Florida, 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 secu:~r.~ advertis for publication in the said
newsp~
Sworn to and subscribed before me this
10 day of MAY ,A.D. 2013
O.V. FERBEYRE personally known to me
~~v~·~~~~~~~~~~"v
~. Notary PubliC State of Florida
'; Cheryl H Marmer
My Commission EE 189528
'1; Expires 0711812016
1!~'1
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hearing(s) at its regular City Commission meeting scheduled for
Tuesday, May 21, 2013, beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to execute an Offer of Settlement
with the United States Securities and Exchange Commission concerning
certain parking garage related securities law violations and authorizing
necessary actions for implementation of the Order accepting the Offer of
Settlement including hiring a consultant for more than one year.
An Ordinance amending Section 20·3,3(C)(6) Permitted Use Schedule, of the
Land Development Code; providing for additional ground floor and third floor
uses for certain properties in the "SR -Specialty Retail" zoning district.
An Ordinance providing for the City of South Miami to approve the donati00 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.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at
305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person
decides to appeal any decision made by this Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, he or she will need a record of the
proceedings, and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based.