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Res. No. 056-05-12035RESOLUTION NO.56-05-12035 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS SCHEDULING A PUBLIC HEARING ON TUESDAY JUNE 7,2005 AT 7:30 PM ON THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT- OF-WAY PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET AND SW 80 STREET;PROVIDING FOR AN EFFECTIVE DATE.. WHEREAS,theCity Commission hasthe power to vacate,abandon,discontinue andcloseanexistingpublicorprivatestreet,alleyway,road,highway or other placeusedfor traveloranyportionthereof,otherthanastateorfederalhighway,andtorenounceand disclaimanyright of theCityandthepublicinandtoanylandin connection therewith;and WHEREAS,theCity of SouthMiamihasreceiveda request from abutting property owners requesting the abandonment andvacation of an unimproved portion of SW60Avenue between SW 79 Street and SW 80 Street;and WHEREAS,F.S.Stat.336.09(2)requirestheadoption of resolution settingadate andtimeforapublichearingonaproposedvacationandabandonmentofright-of-way;and NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section1.Thatinresponsetoapetitionofabuttingpropertyownerstheright-ofwaygenerally described as the "unimproved right-of-way portion"of SW 60th Avenue between SW 79 Street andSW80Streetwillbethesubject of apublichearingscheduledfortheCityCommission meeting on Tuesday June7,2005 at 7:30 PMinthe South Miami,FloridaCity Hall,6130 Sunset Drive,South Miami,FL.33143. Section 2.This resolution shallbe effective immediately upon being approved. PASSED AND ADOPTED this 3r,4lay of Ma^,2005. ATTEST: READ AND APPROVED AS TO FORM: jSFTfATTORNEY APPROVED: Commission Vote: Mayor Russell: Vice Mayor Palmer Commissioner Wiscombe: Commissioner Birts-Cooper Commissioner Sherar: \\MCGRUFF\PLANNING\Comm Itcms\2005\5-3-05\ROW aband SW60AveHearing Resolution.doc 5-0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami AMmertcaCity miir 2001 To:Honorable Mayor,Vice Mayor & Commission Members From:Maria Davis City Manage Date:May 3,2005 ITEM No.. Re:Resolution setting Public Hearing on SW 60 Ave. Abandonment -Gb RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS SCHEDULING A PUBLIC HEARING ON TUESDAY JUNE 7,2005 AT 7:30 PM ON THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET AND SW 80 STREET;PROVIDING FOR AN EFFECTIVE DATE.. BACKGROUND TheCityhasreceivedtheaboveformalpetitionrequestingthe vacation and abandonment of anunimproved right-of-wayinasinglefamilyresidentialarea.InordertorespondtotherequesttheCitymustfollow proceduressetforthinF.S.Statutes336.09and336.10.Alocal government hastheauthoritytovacate, abandon or close streets or alleyways.The procedure requires setting a date and time fora public hearing on aproposedclosure,followedbyapublishednotice14daysinadvance of thehearingdate.Theabove resolution willsettheCity Commission meeting of June7,2005asthedateforthe hearing onthe proposed closure. RECOMMENDATION Itis recommended that the proposed resolution be adopted. Attachments: Proposed resolution Fla State Statute 336.09;336.10 MD/DOD/SAY*V ^^G- E:\Comm Items\2005\5-3-05\Street Closure SW 60 Ave Hearing Report.doc OUllU.tC&OC V^UliatllUti«Jil .v 1UW Jiaiuiuo .--^wv-r--\_/xj.v/././w»—dvi/mvu «•.v* Select Yean |2004jg fj| The 2004 Florida Statutes Title XXVI Chapter 336 ViewEntire Chapter PUBLIC TRANSPORTATION COUNTYROAD SYSTEM 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 ofthe federal government,or upon petition of any person orpersons,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 ofthe county and the public in andto 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 stateand 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 asa 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. Copyright ©1995-2005 The Florida Legislature •Privacy Statement •Contact Us http://www.leg.state.fl.us/statutes/^3/10/05 Select Year:|2004jg|g| The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.10 Closingand abandonment ofroads;publicationof notice.-Before anysuchroadshallbeclosedand vacated,orbeforeanyrightorinterestofthecountyor public inanylanddelineatedonanyrecordedmaporplatas aroadshallbe renounced and disclaimed,the commissioners shallholdapublic hearing,and shallpublishnotice thereof,one time,ina newspaper of general circulationinsuchcountyat least 2 weeks priortothe date stated thereinforsuchhearing.Aftersuchpublichearing,anyactionofthecommissioners,ashereinauthorized,shallbe evidencedbya resolution dulyadoptedandenteredupontheminutesofthecommissioners.Therequestofany agency ofthestate,orofthe United States,orofany person,tothe commissioners totakesuch action shall be in writing and shall bespreaduponthe minutes ofthe commissioners;provided,however,thatthe commissioners of theirown motion anddiscretion,maytakeactionforthepurposeshereof.Noticeoftheadoptionofsucharesolution bythe commissioners shallbe published one time,within 30days following its adoption,inoneissueofa newspaperofgeneral circulation published inthe county.The proof of publication ofnoticeof public hearing,the resolution asadopted,andtheproofofpublicationofthenoticeoftheadoptionof such resolutionshallberecorded in the deed records of the county. History.-s.50,ch.29965,1955. Copyright©1995-2005 The Florida Legislature•Privacy Statement •ContactUs http://www.leg.state.fl.us/statutes/index.cfin7Appj^3/16/05