Ord. No. 16-00-1718ORDINANCE NO.16-00-1718
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
RIGHTS-OF-WAY;ABANDONING A PORTION OF THE RIGHT-
OF-WAY AT S.W.64TH PLACE;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,theCityCommission of theCity of SouthMiamihasthepower
pursuant to art.VBI,§2(b)of the Constitution of the State of Florida and §166.021,
Florida Statutes,to abandon allof,or portions of,municipal rights-of-way and to
renounce or disclaim any property right oftheCity and the public inthe abandoned rights-
of-way;and,
WHEREAS,the developer of theMERIONPARK MANOR,FIRSTADDITION,
according tothe Plat thereof filed for record in Plat Book 63 at Page 24ofthe Public
Records of Miami-Dade County,Florida,dedicated totheCity of South Miami the right-
of-way for S.W.64th Place and the dedicated right-of-way includes a parcel that is
adjacent toa curve inthe road,which is legally described below;and,
WHEREAS,the owners of property that abut the parcel,Mr.Christopher Cooke-
Yarborough and Mr.Nelson Pinero,have requested the City to abandon a portion of the
S.W.64th Place right-of-way,as described and depicted onthe survey sketch annexed to
thisordinanceas Appendix 1;and,
WHEREAS,Mr.Cooke-Yarborough and Mr.Pinero have agreed to divide the
property between them and to exchange quit claim deeds releasing any interest they have
inthe portion ofthe abandoned right-of-way that shall be owned and possessed by the
otherpartyby operation of thelaw;and,
WHEREAS,theMayor and theCity Commission find that abandoning the
described portion of the right-of-way would beinthe public interest because:(1)that
portion of the right-of-way isnot essential tothe public good;(2)itwill eliminate
municipal responsibility for maintaining the property;(3)itwill eliminate potential
municipal liability for personal injury and/or property damage occurring onthe property;
and,(4)itwillreturnthepropertytotheadvaloremtaxroll.
Additionsshownby underlining and deletions shownby overstriking.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.Theportion of the right-of-way depictedonthesurveysketch
annexedtothisordinanceasAppendix1as "Portion of Right-of-Way tobe Closed"and
legallydescribedas follows:
A portion of SW 64th Place,MERIONPARKMANORFIRST
ADDITION,accordingtotheplat thereof asrecordedinPlat Book
63,atPage24,of thePublicRecords of DadeCounty,Florida,more
particularly described as follows:BeginattheSECorner of said plat
of MERION PARK MANOR FIRST ADDITION;thence
N SP^W WalongtheSouthboundaryline of saidplatfora
distance of 83.54 feet;thenceN 0o33'04w Wforadistance of 0.53
feet toapointonacurve (said point bears S 28039'3(r E from the
radius point of thenext described curve);thence Northeasterly along a
circularcurveconcavetotheNorthwesthavingaradius of 150 feet
and a central angle of 45032'39"for an arc distance of 119.23 feet;
thenceS 89°54'12w Eforadistance of 10.81feettoapointonthe
East boundary line of the aforementioned plat;thence S 00°12,28''E
along the East boundary line of said plat of MERION PARK
MANOR FIRST ADDITION fora distance of 91.40 feet to the Point
of Beginning.
is abandoned,renounced and disclaimed by the City of South Miami and title shall
transfer to Mr.Christopher Cooke-Yarborough and Mr.Nelson Pinero,who shall divide
thepropertybetweenthem.
Section 2.Notice of the adoption of this ordinance bythe City Commission
shall be published within 30 days of its adoption,in an issue ofa newspaper of general
circulation in Miami-Dade County,Florida.Proof of publication of notice of public
hearing,this ordinance,and proof of publication of the notice of adoption of this
ordinance shall be recorded bythe Clerk in the Public Records of Miami-Dade County,
Florida atthe expense of Messieurs Cooke-Yarborough and Pinero.
Section 3.A certified copy of this ordinance and proof of publication shall be
given bytheCityClerktothe Miami-Dade County Property Appraiser.
Section 4.All ordinances or parts of ordinances inconflictwiththe provisions
of thisordinancearehereby repealed.
Additions shownby underlining and deletions shownby overetriking.
Section5.ThisordinanceshalltakeeffectfollowingitsrecordinginthePublic
Recordsof Miami-Dade County,Florida.
PASSED ANDADOPTEDthis 5th dayofSeptember,2000.
ATTEST:
tutrtri'..>v b£Id
CITY CLE
1st Reading-8/15/00
2nd Reading-*/5/00
READ AND APPROVED AS TO FORM
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CITY ATTORNEY
\\Dell_6100\Documents\City of South Miami\0022-001\6276.doc
APPROVED:
^&
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
Additionsshownbyunderlininganddeletionsshownby
•^£ar
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor andCity.Commission
CharlesD.Scurr,CityManager
Ronetta Taylor,CityClerk
Date:.'September 5,2000
M
From:EarlG.Gallop Re:Vacation of Right-of-Way at
thS.W.64w Place
Subject:Theproposed ordinance vacatestheirregularshapedportion of the right-of-
way at S.W.64th place.The sponsor is Commissioner Russell.
Discussion:Abandoningtheportion of the right-of-way wouldbeinthepublicinterest
because:(1)itisnot essential tothepublicgood;(2)itwill eliminate municipal
responsibility for maintaining the property;(3)itwill eliminate potential liability;and,(4)it
willreturnthepropertytothead valorem taxroll.Acopyofasurveymapofthe right-of-
waytobevacatedisattachedtothe ordinance.Thecity,throughthegoodofficesof
Commissioner Russell,hasworkedoutaprocedureforvacatingthe right-of-way ina manner
thatbestassuresthattitletoportions ofthevacatedright-of-way willvestinMr.Christopher
Cooke-Yarborough andMr.Nelson Pinero.Messrs.Cooke-Yarborough and Pinero have
agreed todividethepropertybetween them.Following approval of the abandonment,they
willprepareasurveyforthe portions ofthe property theywillreceive,and exchange quit
claimdeedswhichwillconveyanyinteresttheyhaveintheproperty of theotherparty.
Messrs.Cooke-YarboroughandPinerowillberesponsibleforthecost of thesurvey,
preparationandrecording ofthequit-claimdeeds,andtherequiredpublications ofnoticeof
hearingandadoption of theordinance.
Recommendation:Approvetheproposedordinance.
Cc:Mr.Christopher Cooke-Yarborough
Mr.Nelson Pinero
MIAMI DAILY BUSINESS REVIEW
PublishedDaily except Saturday,Sunday and
LegalHolidays
Miami,Miami-Dade County,Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams,who on oath says that she is the Vice
PresidentofLegal Advertising of the MiamiDaily Business
Review f/k/a Miami Review,a dally (except Saturday,Sunday
andLegal Holidays)newspaper,published at Miami in Miami-
Dade County,Florida;that the attached copy of advertise
ment,beingaLegal Advertisement ofNoticeinthematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING 9/5/00
ORD.RELATING TO RIGHTS-OF-
WAY,ETC.
in the
was published insaid newspaper inthe issues of
Aug 25,2000
..XXXXXXX Court,
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiamiin said Miami-
Dade County,Florida,and that the said newspaper has
heretofore been continuously published insaidMiami-Dade
County,Florida,each day (except Saturday,Sunday and
Legal Holidays)andhasbeen entered as second classmail
matter at the post office in Miami in said Miami-Dade
County,fietida,foraperiodof one year next preceding the
first publlcaBon of the attached copy of advertisement;and
aff iaryr further says that she has neither paid nor promised
anyperson firm or corporation any discount,rebate,com-
mis^on ofrefund fq»thepurposeofsequringthisadvertise-
(SEAL)
Sookie V*
/^f&T&rt&r***^*
ribed before me this
2000
yS&fifc MARIA I.MESA
gJ§£s/EXPIRES:March 4.2C04
'*%}*"$?Bonded Thni Notar/Public Underwriters
CITY OF SOUTH MIAMI
NOTICEOF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami.Florida will conduct Public Hearings during its regular City
Commission meeting Tuesday.September 5.2000 beginning at 7:30p.m..in the City Commission Chambers.6130 Sunset Dnve.to consider
the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO
RIGHTS-OF-WAY;ABANDONING A PORTION OF THE
RIGHTS-OF-WAY AT S.W.64TH PLACE;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFEC
TIVE DATE (1st Reading -August 15.2000)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO
CONTRACTS APPROVING A SHORT TERM LEASE AGREE
MENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSO
LUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTH
ERN PORTION OF 5890 SW 69TH STREET;PROVIDING FOR
TERMS AND CONDITIONS;PROVIDING FOR ORDINANCES
IN CONFLICT;SEVERABILITY;AND AN EFFECTIVE DATE.
(1st Reading -August 15.2000)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO
CONTRACTS;APPROVING A LEASE AGREEMENT WITH
SPG PHASE ONE.LTD.FOR CONSTRUCTION AND OPERA
TION OF AMULTI-USE PARKING GARAGE;PROVIDING FOR
TERMS AND CONDITIONS;PROVIDING FOR SEVERABILI
TY ORDINANCES IN CONFLICT.AND PROVIDING AN EF
FECTIVE DATE.(1st Reading -February 15.2000)(deferred
from July 18th andAugust 15th)
Said ordinance can be inspected in the City Clerk's Office.Monday -Fri
day during regular officehours.^..MinaninquiriesconcerningtheseitemsshouldbedirectedtotheCityManag
er'sofficeat:305-663-6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor.CMC
CityClerk
CityofSouth Miami
Pursuant to Florida Statutes 286.0105.the City hereby advises the publicthatTapersondecidestoappealanydecisionmadebythisBoard.Aglncy or (SSSsiton with respect to any matter considered a«its meet-
SSrinnhe or she will need a record ol the proceedings,and that forsue?purpose aflectedperson may need to ensure thai averbatim recordonhe'p^eedfngs is made which record includes the test.mony and evi
dence upon which the appeal is to be based.00.3-76/845i2M
8/25