Res. No. 138-07-12523 recorded copy-Ix
RESOLUTION NO. 138-07-12523
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY
OWNER APPROVING THE VACATION AND ABANDONMENT OF 187 FEET OF
UNIMPROVED RIGHT-OF-WAY PORTION OF SW 68TH AVENUE LOCATED ON THE
WEST SIDE OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL
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DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY OWNER PROVIDING
FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE
ABANDONMENT: PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, pursuant to Fla Statute 336.09 the City Commission has the power to vacate,
abandon, discontinue and close an 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
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and disclaim any right of the City and the public in and to any land in connection therewith; and
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WHEREAS, the City of South Miami has received a formal petition from a property owner
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requesting the abandonment and vacation of an unimproved portion of SW 68,11 Avenue. located on
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the west side of 6780 SW 69b Terrace; and
WHEREAS, the petition of the applicant states that the purpose for the petition is to allow
for additional landscaping and for beautification of the neighborhood; and
WHEREAS, letters from Miami-Dade Water and Sewer, Peoples Gas, FPL, and AT & T
Florida, have been received stating that they have no utilities in the right-of-way or do not object to
the street closure; and
WHEREAS, the City has no plans to use the unimproved right-of-way for vehicle traffic;
and
WHEREAS, the applicant has obtained signatures of the three owners of the four property
owners abutting the right-of-way, however, applicant's representative has stated that despite efforts
they have not been able to obtain the signature of a representative of Fellowship Church; and
WHEREAS, signatures of abutting owners are not required under State law but are required
as a policy of the City as part of its review process and that the Planning Director has agreed that the
signature from the Church can be waived as Iona as the applicant provides proof of attempts to obtain
this signature; and
WHEREAS, the Planning Board at its April 10, 2007 meeting adopted a motion by a vote of
4 ayes and I nay recommending approval of the closure petition with conditions; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
the recommendation of the Planning Board.
Section 1. That all of the land shown as "unimproved right-of way" on the survey attached to
this resolution, said property generally described as an unimproved portion of SW 68`h Avenue
"Jocated on the west side of 6780 SW 69h Terrace is hereby vacated and abandoned.
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Pg. ? of Res. No. 138 -01 -12523
(2)
Section 2. Pursuant to Fla. Statue 336.12 the vacated portion of SW 68`' Avenue located on the
west side of 6780 SW 69`h Terrace is hereby conveyed to the abutting property owner of 6780 SW 691'
Terrace with the following conditions:
(1) The petitioner shall provide for the recording of all legal documents necessary for the
abandonment;
(2) The petitioner may not construct any structure, building or part of the building on the reverted
property;
(3) The petitioner shall retain and maintain the existing coral rock wall;
(4) The petitioner shall provide the Planning Department evidence that efforts were made to notify
the Fellowship First Baptist Church in order to obtain their signature on the petition:
(5) Prior to the application being placed before the City Commission the applicant shall provide
letters from all three major utility companies advising that they have no easements or interest in
the abandoned right -of -way.
Section 3. This resolution shall be effective immediately upon being approved.
Section 4. That pursuant to Fla. Statue 336.10 a notice of the adoption of this resolution shall be
published in a newspaper of general circulation in the county within 30 days following the effective date
of this resolution.
PASSED AND ADOPTED this r, day of
ATTEST:
Y CLERK
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Attachment: Legal Description t Survey
P: \Comm Items \2007 \8 -7 -07 \Street closure SW 68 Ave Resolution.doc
2007.
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
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Yea
Yea
Yea
Yea
Yea
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CERTIFICATION
Deputy Clerk with
A �Lswto Miami, Mlaml-Dadeo
this City f Ou
County, Florida, do hereby csrUfythis,
document to be a true and correc�
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according 'Zi-,
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the records of the City of SOU"'
Mlaml, Florida. Given my han,6
and the official Seal of th Ch
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