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Res. No. 057-05-12036RESOLUTION NO.57-05-12036 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,SCHEDULING A PUBLIC HEARING ON TUESDAY JUNE 7,2005 AT 7:30 PM ON THE VACATION AND ABANDONMENT OF THE UNIMPROVED RIGHT-OF-WAY PORTION OF SW 50 STREET LOCATED WEST OF SW 63rd AVENUE;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,theCity Commission hasthe power tovacate,abandon, discontinueandcloseanexistingpublicorprivatestreet,alleyway,road,highwayorother placeusedfortraveloranyportion thereof,otherthanastateorfederal highway,andto renounceanddisclaimanyrightoftheCityandthepublicinandtoanylandinconnection therewith;and WHEREAS,theCity of SouthMiamihas received a request from abutting propertyownersrequestingtheabandonmentandvacation of anunimprovedportion of SW 50 Street west of SW63 Avenue in order to alleviate concerns about illegal parking and security;and WHEREAS,F.S.Stat.336.09(2)requires the adoption of resolution setting a dateandtimeforapublichearingonaproposedclosureor abandonment of right-of-way; and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That the requested closure of right-of way generally described asthe "unimproved right-of-way portion"of SW 50th Street located west of SW 63rd Avenue will bethe subject of a public hearing scheduled forthe City Commission meeting on Tuesday June 7,2005 at 7:30 PMin the South Miami,Florida City Hall,6130 Sunset Drive,South Miami,FL.33143. Section 2.This resolution shallbe effective immediately upon being approved. PASSED AND ADOPTED this3r^day of MaY ,2005. ATTEST:APPROVED: y '/UVQX^-^ Commission Vote:u READ ANDAPPROVEDASTO FORM:Mayor Russell:Yea Vice Mayor Palmer Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper Yea Commissioner Sherar:Yea :ttorney E:\Comm Items\2005\5-3-05\ROW abandSW50Str Hearing Resolution.doc CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM SouthMjami 2001 To:Honorable Mayor,Vice Mayor & Commission Members Date:May 3,2005 From:Maria Davis City Manager RESOLUTION ITEM No.. Re:Resolution setting Public Hearing on Proposed SW 50 Street Abandonment £ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,SCHEDULING A PUBLIC HEARING ON TUESDAY JUNE 7,2005 AT 7:30 PM ON THE VACATION AND ABANDONMENT OF THE UNIMPROVED RIGHT-OF-WAY PORTION OF SW 50 STREET LOCATED WEST OF SW 63rdAVENUE;PROVIDING FORAN EFFECTIVE DATE. BACKGROUND The City has received the above request for vacating and abandoning an unimproved right-of-way ina single family residential area.In order to respond tothe request the City must follow procedures setforthin F.S.Statutes 336.09 and 336.10.A local government hasthe authority to vacate,abandon or close streets or alleyways.The procedure requires setting adateandtimefora public hearing ona proposed closure, followed bya published notice 14daysin advance of the hearing date.The attachedresolution willsetthe City Commission meeting of June 7,2005 asthedateforthe hearing onthe proposed closure. RECOMMENDATION Itis recommended thatthe proposed resolution beadopted. Attachments: Proposed resolution Fla State Statute 336.09;336.10 MD/DOD/SAY^sQOtQ E:\Comm Items\2005\5-3-05\Street Closure50StreetHearing Reportdoc diaiULCS 06 ^UUStllUUUll .VICW outiutoa .-"-t.xjyj-r-''\^ll\j^->\j—uwv/tiv/xi \js .v»""*w •-" Select Yean |2004fJ gj| The 2004 FloridaStatutes Title XXVI Chapter336 ViewEntire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.09Closingand 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 ofthe state,or ofthe federal government,or upon petition of any person orpersons,areherebyauthorizedand 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 andthe public in andtoany 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 acquiredforstateandfederal highway;and (c)Renounce and disclaim any right ofthe county and the public in and to land,other than land constituting,or acquired for,astateor 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 ata 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 ©1995-2005The Florida Legislature •Privacy Statement•ContactUs http://www.leg.state.fl.us/statutes/m^3/10/05 Otd.LU.tVO CX-V^WlXOtlltlUASXX •»1VT»l_»tttl,t4.l«^0 .'Ji*J\J—t 'VilVrf^v The 2004 Florida Statutes I ••••/KJ?©.'20043 m Title XXVI Chapter 336 ViewEntire Chapter PUBLIC TRANSPORTATION COUNTYROADSYSTEM 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 ofthe county or public in any land delineated on any recorded map or plat as aroadshallberenouncedanddisclaimed,thecommissionersshallholdapublichearing,andshallpublishnotice thereof,one time,in a newspaper of general circulation in such county atleast2weeks prior tothedatestated therein for such hearing.After such public hearing,any action ofthe commissioners,as herein authorized,shall be evidenced by a resolution duly adopted and entered upon the minutes ofthe commissioners.Therequestofany agency ofthe state,orofthe United States,orof any person,to the commissioners to take such action shall be in writing and shall be spread upon the minutes ofthe commissioners;provided,however,that the commissioners of their own motion and discretion,maytake action for the purposes hereof.Notice ofthe adoption ofsucha resolution by the commissioners shall be published one time,within 30 days following its adoption,in one issue ofa newspaper of general circulation published in the county.The proof of publication of notice of public hearing,the resolution as adopted,andthe proof of publication ofthe notice ofthe adoption ofsuch resolution shall be recorded 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/mdexx 3/16/05