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_add-on item b)
1 ORDINANCE NO. 2 Add-on Item b) Sponsored by Comm. Welsh 211 7115 City Commission Meeting ----- 3 An ordinance of the City of South Miami, Florida, abandoning and 4 vacating a portion of the unimproved right-of-way of SW 60 Avenue 5 located between SW 79 Street and SW 80 Street, which was previously 6 abandoned and vacated by Resolution 81-05-12060, ratifying the action 7 taken by Resolution 81-05-12060 and amending the conditions of vacation 8 originally adopted in such resolution. 9 10 WHEREAS, the City Commission has the power to vacate, abandon, discontinue 11 and close an existing public or private street, alley-way, road, highway or other place 12 used for travel or any portion thereof, other than a state or federal highway, and to 13 renounce and quit claim any right of the City and the public in and to any land in 14 connection therewith; and 15 16 WHEREAS, the Administration, in 2005, recommended the vacating of that 17 portion of SW 60 Avenue located between SW 79 Street and SW 80 Street, as the right- 18 of-way was not serving any public purpose to the City or the public and because, upon its 19 reversion to the adjacent property owners, it would constitute additional ad valorem tax 20 revenues to the City; and 21 22 WHEREAS, the City Commission, on June 14,2005, adopted Resolution 81-05- 23 12060 which provided that the portion of SW 60 Avenue described above within the City 24 of South Miami was thereby, abandoned, renounced, and disclaimed by the City of South 25 Miami and, pursuant thereto and the plat creating that road, reverted to the ownership of 26 the immediately adjacent properties. 27 28 WHEREAS, the original abandonment contained certain conditions, including 29 that "Abutting property owners may not add development to their existing properties or 30 create new building sites which uses the square footage of the vacated street[;]" and 31 32 WHEREAS, on December 2, 2014, the City Commission approved by 33 Resolution a final plat proposed for the property abutting SW 60 Avenue closed by the 34 above Resolution 81-05-12060, however, since that time it has been determined that the 35 approved final plat is not the most appropriate configuration for the lots to be developed 36 on such abutting property; and 37 38 WHEREAS, the City Commission has determined that it is in the public interest 39 and public health, safety and welfare to ratify the passage of Resolution 81-05-12060 and 40 to amend the conditions of Resolution 81-05-12060 to permit the abutting property to use 41 the square footage of the vacated right of way of SW 60 A venue for the creation of one 42 building site that abuts the vacated right-of-way of SW 60 A venue as reflected in the 43 previously approved five re-platted lots so as to avoid the necessity of creating a lot with 44 a narrow alleyway attached to the property, and clarifying that the abandoned right-of-. 45 way can be used for the calculation of front linear footage of lots abutting the abandoned Page 1 of 4 Add-on Item b) Sponsored by Comm. Welsh 2117115 City Commission Meeting 1 right-of-way but not for any additional development or other purpose including but not 2 limited to any calculation of floor area ratio in excess of what could be obtained by using 3 the lot area that does not include the abandoned right of way or for any calculation of 4 impervious area in excess of what could be obtained by using the lot area that does not 5 include the abandoned right of way; and 6 7 WHEREAS, the City Attorney has opined that since a conveyance of an interest 8 in property occurs as a result of the vacation, that South Miami City Charter Article II, 9 Section 6(6), requires that such conveyance be by ordinance; and 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 13 14 Section 1. The abandoned and unimproved right of way known as SW 60 15 Avenue, located between SW 79 Street and SW 80 Street that is more fully and legally 16 described in the attached Exhibit "A" is hereby vacated, abandoned, discontinued and 17 closed. The City hereby renounces any right of the City, and of the public, to the property 18 described in the attached Exhibit "A" and hereby quit claims ownership in said property, 19 and authorizes the reversion of title, to the current owners of the immediately adjacent 20 property, including the property that is legally described as Tract 8, less the West 100 21 feet thereof, and the west 25 feet of SW 60 Avenue adjoining Tract 8 which was vacated 22 by City Resolution 81-05-12060, REVISED PLAT OF A PORTION OF THE 23 AMENDED PLAT OF PALM MIAMI HEIGHTS, according to the Plat thereof, as 24 recorded in Plat Book 43, Page 37 of the Public Records of Miami-Dade County, Florida. 25 This action is subject to the following conditions: 26 27 a. Abutting property owners may not add to the impervious area of any 28 development based on the square footage of the vacated right-of-way 29 ("ROW") and may not use the vacated ROW to add to the floor area of any 30 future development of their existing properties but may use the square 31 footage of the vacated ROW for the calculation of the minimum lot size 32 requirements of the lots abutting the abandoned right-of-way if the overall 33 parcel being subdivided is large enough without the vacated ROW to 34 accommodate the same number of subdivided lots. The vacated ROW may 35 also be used for the calculation of the front footage requirements of the 36 abutting lots and the floor area calculations for each lot may be calculated 37 based on the size of each lot, including the vacated ROW, so long as the 38 global floor area for the new subdivision does not include the vacated ROW. 39 b. Abutting property owners may not subdivide or re-plat their property using 40 the square footage or lineal footage in such a way as to create a lot that is 41 incompatible with the surrounding neighborhood. 42 c. The Davis Oaks Plat, as is currently proposed for re-plat without a flag pole 43 lot, is hereby found to be compatible with the surrounding neighborhood. 44 45 Page 2 of 4 Add-on Item b) Sponsored by Comm. Welsh 2117115 City Commission Meeting 1 Section 2. The City Commission approved this ordinance on first reading on 2 February _,2015, by a vote of __ to __ , and following notice on held 3 a second reading and public hearing on March _, 2015, and this ordinance is hereby 4 enacted for the purposes herein expressed. 5 6 Section 3. Notice. Notice of the adoption of this Ordinance by the Commission 7 shall be published one time, within 30 days following its adoption, in one issue of a 8 newspaper of general circulation published in Miami-Dade County. The proof of 9 publication of the notice of public hearing, the Ordinance as adopted, and the proof of 10 publication of the notice of the adoption of such Ordinance shall be recorded in the 11 public records of Miami-Dade County. 12 13 Section 4. Codification. Significant portions of this ordinance may become and 14 be made part of the Code of Ordinances of the City of South Miami as amended; that the 15 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; 16 and that the word "ordinance" may be changed to "section" or other appropriate word. 17 18 Section 5. Severability. If any section, clause, sentence, or phrase of this 19 ordinance is for any reason held invalid or unconstitutional by a court of competent 20 jurisdiction, this holding shall not affect the validity of the remaining portions of this 21 ordinance. 22 23 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all 24 sections and parts of sections of ordinances in direct conflict herewith are hereby 25 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts 26 of ordinances that give the appearance of being in conflict when the two ordinances can 27 be harmonized or when only a portion of the ordinance in conflict needs to be repealed to 28 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its 29 terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion 30 that needs to be repealed to harmonize the two ordinances shall be repealed. 31 32 Section 7. Effective Date. This ordinance shall become effective upon enactment 33 after second reading and public hearing. 34 35 36 PASSED AND ENACTED this __ day of ,2015. 37 38 ATTEST: APPROVED: 39 40 41 42 CITY CLERK MA YOR 43 1 sl Reading 44 2nd R d' ea mg 45 Page 3 of 4 Add-on Item b) Sponsored by Comm. Welsh 2117115 City Commission Meeting 1 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 2 LANGUAGE, LEGALITY AND Mayor Stoddard: 3 EXECUTION THEREOF Vice Mayor Harris: 4 Commissioner Edmond: 5 Commissioner Liebman: 6 Commissioner Welsh: 7 CITY ATTORNEY Page 4 of 4 EXHIBIT "A" Survey of ROW and Revised Plat of a Portion of the Amended Plat of Palm Miami Heights :h STREET IN 5346.74 . . E 5600.22· Jht of Way -S. 7th street (Platted) 332:] 6'~ ___ _ -~---,:-. . ''',' ". '-, -, , 't • ~ ., ',' 179. 94'(Deed&M) / --------/-- / / ~~5317.76 E 5610.08 WOOD POLE ~WOOD ~POLE Z a a . 0 a .... ~ /-'=>------73.48' ------l,r-C-fi\ ~ N 5204.61 E 5639.97 R=25.00 1;=:39.06· Tan==24.79 Delta=B9"31'06" ChBrg=N44°43'l Ch=35.19(M) SET IP 1/2-D 2098 180.42·(.P~d~ _____ _ -------N 5040.18 F "o"1n "0"0 ' .. 11 I ~.-.-:-en I til 0_1 fI.l ?t P! I c.l 0) (Jq .., a ::r I p. ..... ..... ::r o [ > ~ ~ ~ ~ ,.... '< :g en ~ ~ ~ o ..... (II ..... (II::S p.p. -(II P. '-' SHED '-'-' '. ::!! , . " R=25.00 1;=:39.48 SET n 2 . Tan=25.2: Delta=90° . ChBrg=S4 35.50 tr-........ ~ .. ~a..a ........................ .m .................. .a .......................... ~·· _:.. Pagt 1 011 This property described as: A portion of the plat of "REVISED PLAT OF A YORTION OF THE AMENDED PLAT • , , OF PALM MIAMI HEIGHTS" as recorded in plat Book 43, Page 37, of the ~ 4" .:JOIZ~·se,~ !""c a~3o.o? public Records of Miami-Dade County, Florida, more particularly described ~ ,aa us-pa'. ~: ~;~~ as follows: COMMENCE at the Southwest cprner of Tract 8 of said plat; " ",. 3f!>#, <::/fF ~'r2d thenpe on an assumed bearing of North 89°30'52" Ee'st, along the South I!-<::::::~<o.1J'Z;;::.,51/"" CI/SRfS. ::'#.'1~4-!J w boundary of said Tract 8 and the North right-o'f-way of S.W. It -7'" -0 -• . ;/ V" I! 7a' aOth Street, 280.42 feet. t.o a point of C)lrvat!lFe of a curve • iI) sw· 7.9. 57: 7.111 e.s.~2 PIP!. p t..So7.~:}) r-' / ~ , to the left, also being the poin1;.· of beginning of the parcel flfJi,I{' .se.~50E>O'·W ,~·,;.:;.i;-d~'· ./. ,t..¥ ~ sai4-curve to the left, having. a ra.jiu:; of 25.00 feet, a .jelta ~IO • ,~,·::;ii9.:!:,!i /FP}", ... angle of 89°31'06", an arc distance' of 39.06 .feet, a chord ~ ~ / / 1 ';t of land being .jescribe.j hereinafter; thence continuing along ~ .. j.jt'-;: U3eO::;J 0 .jistance of 35.19 feet and a chord bearing of North 44°43'19" \L~ 19~:i. ~ East; to a point of tangency, an.j the East boundary of said Tract :: .. ;:;-.,. 8, also being the West right-of-way of S.W. 60th Avenue I .~ . 8 - '0 g o to:. . II) " , ~ -r.:z.>1 CT to (P8 LFj fJ-77) " i- o I' " ,j ~ . I~~ fir #,1/1 Ne!!!J;:ro~e. ttl) I\,rn ·p.oc e(1o,~" :s tv· eo 1'rl S7 ~ --: ' J'k U 'PI zr-::-::::::;; -J I r--'?:o'./f' r I ~ III ~ ~ ~ I " ... ~ I ~ "",-._ -.!.~~ .~ I~~-('::'-' go"" If}' ~ in >~1s '" '~ , d\ "" ~ ~ ,~. ',p..qC.7'8 ~ 'I \ !.~ il0,ljlt ,<I "\. ~ ~~ f~ ". '" .. ~~ . \ so "~'_~ .,----..'SIAI 1307" '7,tZ..1{C-7. -I ::. :~ ~ .•. , ST. .. ~ , thence North 0°00'12" West along said East boundary of Tract a, and the West right-of-way of S.W. 60th Avenue, 227.58 -~ f::;:"f~ -~:~ '.~:~ • to:.. '" o '<,/ O.·~ ~ \~ \I, w ~.~. b ~1 . ~~, , ;eJ (' .i;. ,ill IV .... "I .Il o o I) 7,a-fCT '7 {M l{~ s." .............. FIPY2"J ~ _ , ':j flS''-'/2'' U3EO!'O ~r '-&IlO~ .~7) feet to a point of curvature of a curve to the left, thence along said curve having a radius of 25.00 feet, a .jelta angle of 90"29'58", an arc distance 0'£ 39.49 feet, a chor1 1istance of 35.51 feet and a chord bearing of North 45·15'11" west to a point on the North bcUJY.lary of said Tract a, and the .South right-of-way of' 5.1'1. 79th Street, thence North 89"29'50" East, along the' South right-of-'way.:.of S.W. 79th Street', 100.00 feet to a point of curve, thence along a curve to the left', having' a radius of 25.00 feet, a delta angle ·of 89·30'02", an arc distance of 39.05 feet, a chord 1istance o'f 35.20 feet and a chord bearing of South 44°44'49" West, to a point on the West boundary of Tract 7 of said. plat; and the East r.i.ght-of-way of 5.1'1. 60th Avenue thence South 0'°00.'12" East, ·along-sai1 West .boundary of Tract 7 and East right-of-way of S. W. 60"th Avenue, 227.61 feet ~o a point o~ curvature·of .8 curve to the left, thence along said curve to the lefn, having a ra1ius of 25.00 feet, a delta angle of 90· 28' 56", 'an ar'c distarice of 39.48 feet, a chord distance of 35.50 feet and a chord bearing of South 45°14'14" East, to a point on the South' boundary of ,,,D:~·It..S 20!:ll> I said Tract 7,' an1 the No'rth rfght-of-waY:1:5r.'s .W; 80th street, -'-.~.AC :f!)o'/Je'ekJ' thence South 89·30'52" west, alo'n'!('said North right-of-.\~ay ?<a 25,00' of 5.1'1. 80th Street, 100.00 feet to the Point of Beginning, , Au :!1946' containing 14,415.55 sq. ft. '" 0.33 acres, mor.e or less. . Aoc r!J.::f13I'oG-;:---CHef ;JS.e::J' ..' . ,t:z.",.' -•. , II _ e!f!>f!>O , Oil e,""G" 5 4S I? ",0 6' A-:Be>.ot,; rA". e.~"',' .4ff' . elf: 9:>.I'!!>' • ' .. -a.alings,1I any shown basad onJ (pre: j) HC'II(fJl"I><J Jo" T>f /)~V" ~1"" '. /i:.t-r tJ f "(reference)· :n·)OI;-~'/~ CIISIZl4· "'49-131::> E ' TA"'· !J."'7·~" fI PROPERTY OF: Tharp, Daviti' K. ,-OCA7701./ MAP .1!I!- jlftr s ·c:tti. ,dved ) [/lee/(;& foil p"rc-::~IJAV'IY \, !'Iour,·AUD\\,nlu,UTntrsu:ru.TIutt UfbTlIt'tI:StU:uu.LIlAUa;aIiULOY tUlauu 1,I('DI!'t.:a.Jitra"U'C.ltl ..t.I'IDlfA.1'!'rI I htt'tbr ccnlfy 1h., 1M .unqo rop~ Mt»ed ~1I'CItI ~ Ute mWrwm lK)WQI ,",Muck Nt: 'ott" by Ih. ~fd of LMd ~ In wpacr ftC'O'..&. _ Adm""="'"' Ccdo _ to ~ .v.t.CZ7.1b. ~ thcPtua-no ~~ .. ---~"8"'''''''''',--.'' .-....... ,6 . &£;"P, ...... ' I.ANNF.s ANt> (;AII<:IA.INC. LIl.1!209H •• SIIlIVt:ycmSoMArl'r.RS_l.AND 1·I. .... NN.:llS _.BtALE. SMIIl'H;'.G5238. umu' addrcu: .l.~9 "!taut A\T"ItC'. (·un:I't:.btt2. J.1CJrldalJ IJ~ :. ISO" .. ~".. ,7l'<I5U-1I66J ,-/ . ............................... ".7'" I~FI~t>I>ATE O//" ·IlRWC:.NO 137397 \ 16166B " ".~ ... ,':iC I,;,; ~ rir,16 ~'i30 ~ ~[V . w > ~=-l <C 7621 7643 7701 7711 7721 t: nI.oo r 6110 6090 6101 6091 1500 ;;79 ST. <::> III ;, 6110 6080 § 6051 6111 140.07 @ C0 ''''", 2 15 ~ <- @ @ 3 " 4 '5 .6 '" 7 ® @ ~ @ 1.co..o'l] :)OSH 75.00 ":S.(lD 6060 6030 2 3 7 6 6061 6031 7500 = m.lb £v:- 15 6001 7620 14 0 1O . '3: 7710 . (/) I 10 I 7714 I I I 9 I l-4G.o9 7720 25125 ,Cj ' 6001 ~ .. III '') " ~ ~ ~ 19 "'m 7634 ~0 7701 @ ~. 20 6 ~ 7711 @ 21 7 7721 @ 22 8 '" ~ " Q 7731 7740 '" 11,7;:3£. ) U) N (\J S.W. 5990 5980 5960 !. ® @ e ~ J\l~: 100 125 til @ 5991 H'. 5989 5957 S.W. 80 ST. I--\ .. U (» 11 I.f) . 3: 7710 . (/) 10 ,., SO 9 774i 78 ST. 02 "'€) - fOi\. 07 Vr;~ ) U '" (\J N __ 5915 Ji- iLE I ~S G! 940 7' !! ri@ @ 09 ,,' T 7 19) e E g: 61 " 5929 590 i( __ ~-= __________________ __ ~it~ ;LA T OF A PO~TI(oN OF THE 610')7 AMENDED PLA RESOLUTION NO. 81-05-12060 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET AVENUE AND SW 80 STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH BELOW; SUBJECT TO PROPERTY OWNERS PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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 and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the City of South Miami has received a formal petition from all three of the abutting property owners requesting the abandonment and vacation of an unimproved portion of SW 60 Ave. between SW 79 Street and SW 80 Street. WHEREAS, the petition of the applicants states that 60th Avenue south of 80 th Street is also closed and that there is no reason for the right-of-way to exist, that the paving of a street would create traffic and would be dangerous to children in the area; and WHEREAS, letters from Bell South, Miami-Dade Water and Sewer, and FPL have been received stating that they have no utilities in the right-of-way and 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 abandonment of this unimproved right-of-way would allow the abutting property owners to assume ownership of the property and allow for expanded development on their property; and WHEREAS, the increase in lot size of all three abutting properties is of concern in that this may lead to increased development on each property or the potential of additional building sites. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 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 right-of-way portion" of SW 60 th Avenue located between SW 79 Street and SW 80 Street, said unimproved right-of-way being 50 feet wide and 227 feet long more or less, running north and south, is hereby vacated and abandoned. Section 2. Pursuant to Fla. Statue 336.12 the vacated portion of SW 60th Avenue located between SW 79 Street and SW 80 Street is hereby conveyed to the abutting property owners with the following conditions: Res. No. 81-05-12060 (2) (l) Abutting propeliy owners to provide for the recording of all legal documents necessmy ror the abandonment; (2) Abutting properly owners may not add development to their existing properties or create new building sites which Llses the square footage of the vacated street. Section 3. Restrictions contained in this resolution will beset f0l1h in a covenant running with the lanel ,9ntered into by thc propCl1y owners. Section 4. This resolution shall be effective itntneelimcly upon being approved. PASSED AND ADOPTED this 1411',day of June, 2005. ATTEST: READ AND APPROVED AS TOFORM: di4r-i-:- ":11"*';,:1 'TN EY :\ttachnl\:n,: Leg;!i De,;criptioll! Sur'.'ey APPROVED: Commission Vote: Mayor Russell: Vice Mayor Palmer 4-0 Yea absent Commissioner Wiscombc: Yea Commissioner Birts-Cooper Yea Commissioner Sherar: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami t,ed fijir 2001 To: Honorable Mayor, Vice Mayor & Date: June 14, 2005 ITEM No.-..6....-" __ _ Commission Members From: Maria Davis City Manager RESOLUTION Re: Abandonment ofR-O-W 60 Ave. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT-OF- WAY PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET AVENUE AND SW 80 STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH BELOW; SUBJECT TO PROPERTY OWNERS PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The City of South Miami has received a formal petition from all three of the abutting property owners requesting the abandonment and vacation of an unimproved portion of SW 60 Ave. between SW 79 Street and SW 80 Street. STAFF OBSERVATIONS (1) The application includes written consent to closure from all three abutting property owners. (2) The right-of-way proposed for closure measures 50 feet wide by 227 feet., 60th Avenue. The right-of- way has a number of large trees and is encumbered by partial driveways, a carport and a shed built by abutting owners (see survey). (3) ill addition there are letters from Bell South, Miami-Dade Water and Sewer, and FPL stating that they have no utilities in the right-of-way and do not object to the street closure. (4) The petition of the applicants states that there is no reason for the right-of-way to exist and that the paving of a street would create traffic and be dangerous to children in the area. It is also pointed out that 60th Avenue south of 80 th Street is closed. (5) It is important to note that the abandonment of this unimproved right-of-way allows the abutting property to assume ownership of the property. This would increase the lot size of all three abutting Abandonment of R-O-W SW 60 Ave. Page 2 0 2 properties and staff is concerned that this may lead to increased development on each property or the potential of additional building sites (lot separations). (6) The staff agrees that no purpose would be served by paving of the street and therefore the petition to vacate and abandon the right-of-way can be supported with conditions that the abutting owners not add development to their existing properties or create new building sites which uses the square footage of the vacated street. RECOMMENDATION It is recommended that the petition to vacate and abandon SW 60 Ave. between SW 79 Street and SW 80 Street be approved with the following conditions: (1) Abutting property owners to provide for the recording of all legal documents necessary for the abandonment; (2) Abutting property owners may not add development to their existing properties or create new building sites which uses the square footage of the vacated street. Attachments: Draft Resolution and attachment (sketch of plat) Citizen petition Fla. Stat. 336.09,336.10,336.12 Public notices MDIDOD/SAY..! iIf\ ;Q<fJji) E:\Comm Items\2005\6-1~5\Street 8i;;ure SW 60 Ave Report.doc ~. f;L~16 ~ ';&30 ~ ~{~~~ 7643 ;;79 ST. g 6\11 6}lO 6080 , 6051 In :Ir M I(\C '10:1"7 4 7 SOD} til M 50 50 5991 , .. 5989 5957 S.W 80 ST. 610-:11 7741 61.')1 5929 J" ~tr-.. iLg j 7' 590 D, PLAT OF A PO TION OF THE AMENDED PLA WALTON LANTAFF SCHROEDER & CARSON LLP ATTORNEYS AT LAW Don O'Dornriley Planning Director City of South Miami South Miami, Florida Dear Mr. O'Dornriley: (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS) MIAMI· FORT LAUDERDALE· WEST PALM BEACH· TAMPA -ESTABLISHED 1934· 9350 FINANCIAL CENTRE 10TH FLOOR 9350 SOUTH DIXIE HIGHWAY MIAMI. FLORIDA 33156 TELEPHONE (305) 671-1300 FACSIMILE (305) 67()'7065 Email Address:@waltonlantaff.com Direct Line: 305-671-1310 February 25, 2005 Enclosed please find PETITION TO CLOSE ROAD which my neighbors and I are submitting pursuant to Chapter 336 of the Florida Statutes. I further enclose my neighbors checks and my check payable to the City of South Miami in the total amount of $1,500.00 together with a certified survey of the right of way to be closed and reverted to the contiguous owners. At your request I also enclose correspondence from the Miami- Dade Water and Sewer Department; Bell South; and Florida Power & Light advising that they have no objection to the Road Closing Petition. Thank you for your assist~ce in this matter. If you have any questions please do not hesitate to contact me. Very truly yours, ~K/l( David K. Tharp PETITION TO CLOSE ROAD TO: Mayor and City Commissioners City of South Miami, Florida The undersign, pursuant to Sections 336.09 -336.12 Florida Statutes, hereby petition the Mayor and City Commissioners to vacate, abandon, discontinue and close an existing public or private street, alleyway, road, highway, or other place used for travel, or a portion thereof and to renounce and . disclaim any right of the County and the public in and to any land in connection therewith; or to renounce and disclaim any right of City and the public in and to certain land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes; or to renounce and disclaim an right of the City and the public in and to certain land delineated on recorded map or plat as a street, alleyway, road or highway. The undersigned hereby certify: 1. LEGAL DESCRIPTION: The complete and accurate legal description of the road, right-of-way or land sought to be closed is as follows: RIGHT OF WAY OF A PORTION OF S.W: 61 AVENUE, (S. 3 AVENUE as Platted), BETWEEN TRACT 7 AND TRACT 8, P AIM :MIAMI ~IGHTS ACCORDING TO THE PLAT THEREOF AS Recorded in plat book 43, page 37 of the Public Records of Miami- Dade County, Florida. i ., 2. PUBLIC INTEREST IN ROAD: The title or interest of the City and the public in and to the above described road, right-of-way or land was acquired and is evidence in the following manner (state whether public interest acquired by deed, dedication or prescription and set forth where deed or plat is recorded in public records): Dedication to the public interest with right of reversion to property owners. See Plat Book 43, Page 37, filed February 24, 1944, and Plat Book 25, Page . 37' of the public records of Dade County, Florida. 3. ATTACH SURVEY SKETCH: Attached hereto is a surveyor location sketch accurately showing and describing the above described road, right-or-way or land and its location and relation to surrounding property, and showing all encroachments and utility easeinents. 4. ABUTTING PROPERTY OWNERS: The following constitutes a complete and accurate schedule of all owners and occupants of property abutting upon or adjacent to the above described road, right-of-way and all persons who will be affected by the closing and abandonment thereof (all interested or affected persons must either sign this petition or sign a written consent): Name' Address Description of Property David K.. Tharp 6001 S.W. 80 Street Kenneth M. Casebeer & wife . Single family' home Martha R. Mahoney 5990 S.W. 79 Street Single family home Lea Silvia Senosiain & Alberto J. Senosiain 5989 S.W. 80 Street Single family home 5. ACCESS TO OTHER PROPERTY: The undersigned certify that in the event this petition is granted no other property owners will be prevented from access to and' from their property and no other property owners in the vicinity will be adversely affected. 6. NO FEDERAL OR STATE IDGHWAY AFFECTED: The undersigned certify that the above described road, right-of-way or land is not a part of any state or federal highway and was not acquired or dedicated for state or federal highway purposes; and that such road, right-of-way or land is under the control and jurisdiction of the Board of County Commissioners. 7. GROUNDS FOR REQUESTING PETITION: The undersigned submit as a grounds and reasons in support of this petition the following (state in detail, why petition should be granted): The right of way for S.W. 60 Avenue has been closed south ofS.W. 80 Street . and north of S.W. 79 Street. There is no reason that this right of way should continue to exist, as the petitioners have no interest in paving the right-of-way as there are many children living in homes on S.W. 79 Street and a road in the right-of-way would add to the traffic and danger it creates by adding an additional east-west corridor to the area that has become a heavily traveled commuter thoroughfare. 8. INTENT: The undersigned submit as grounds and reason for the utilization of the land sought to be closed (state purpose in detail) Beautification of homes by adding shrubbery. (petition must be signed by all property owners abutting the road, right-of-way or lands to be closed or abandoned 80 Street, South Miami. Fl. 33143 Signature Address Lea Silvia Senosiain and Alberto J. Senosiain. 5989 S.W. 80 Street, South Miami. Fl. 33143 (See signature page attached) DavidK.. Tharp, 6001 S.W. 80 Street, South Miami, PI. 33143 (See signature page attached) Kenneth Casebeer and wife Martha R. Mahoney; 5990 S.W. 79 Street, South Miami, PI. 33143 (See signature page attached) (Petition must be signed by all property owners abutting the road, right-of-.w~y or lands to be closed or abandoned) Respectfully submitted, Signature LEA SILVIA SENOSIAIN & ALBER~O J. SENOSIAIN __ J~~~~~_ KENNETH CASEBEER AND MARTHA R. MAHONEY 5989 S.W. 5990 S.W. Address 80 STHREET SOUTH MIAMI, -t 79 STREET SOUTH MIAMI, ~_~1~~ ___ DAVID K. THARP 6001 S.W. _~t:1l ~_~ ___ _ Attorney fo;J;~~~ioner Address: '(Signature of Attorney not required) STATE OF FLORIDA ) 55: MIAMI-DADE COUNTY 80 STREET SOUTH MIAMI, FL. 33143 FL. 33143 FL. .33143 BEFORE .ME, the undersigned authority, personally appeared LEA SILVIA SENOSIAIN who first by me duly sworn, deposes and says that he/she is one of the petitioners named in and who signed the foregoing petition; that he/she is duly authorized to. make this verification for and oh behalf of all petitioners; that he/she has read the foregoing petition and that the statements therein contained are true. f\::l ' Y-~ ",' ~ ""'- (Signa re of Petitioner) Sworn and6bscribed to before me this ~~ day of 200 PC Notary Pu lic State of Florida at Large My Commission Expires: ~ I~, dOO~ ~;j~ · . ~ , . Address: (Signature of Attorn y not required) 'STATE OF FLORIDA ) SS: MIAMI-DADE COUNTY BEFORE ME, the undersigned authority, personally. appeared David' K. Tharp . who first by me 'duly sworn, deposes and says .that helshe is one of the petitioners named in and who signed the foregoing petition; that helshe is duly authorized to make this verification for and oh behalf of'all petitioners;. that helshe has T~d the foregoing petitidn and that the statements therein contained are true. . (Signature of Petitioner) Sworn and subscn~ed to ~efore me this . 5~ .. daY'of August 2002 NoFrY Public State of Florida at Large My Commission Expires: .~ ""-;;"~~""'" Brlgette M. Triana . {$I . :J MY COMMISSION 1/ 00D56925 EXPIRES -:e September 28, 2005 ilr. "., BONDmll!R\JmlYFAlNtnS1JiAIICE.lNC. r oj5}tn-jJ¢J~-:J ,.-!" '" -Brigatta M Triana ~ I C .... ~ ~ MY COMMISSION # DOO56925 exPIRES 5*~ September 28, 2005 . " 6OlIDfDlHRIITiOY fAIH IHBllRAIICU+C'. • II pAGE 4 .-............... _ .... -------- .. MIAMI.DADE COUNTY BEFORE ME. the undersigned authority. personally appeared Kmneth M. -Casebeer and wife Martha R. Maboney who first by me duly sworn, deposes and says that he/she is one of the petitioners named in and who signed the foregoing petition; that he/she is duly authorized to make this verification for and oh liebalf of all petitioners; that he/she has read the foregoi~g petition and that the statements therein contained are true. , Sworn and su'bscn'bed to before me this dayof ~oo~ Notary PU~iC sJl of Florida at rr ge l My Commission Expires: "5 l';L 0:;- ~a.~ ~tJ'Y pli ••. <p •••••• ;:"<' PAGE 4 . ~m1:A!lAsTRES·:·~·· !.",o {,;"M~iSS!6N " DO 007845 . (Signature of Petitioner) Statutr<::& Constitution: View Statutes :->2004->Ch0336->Section 09 : Online Sunshine Page 1 of1 Select Year: /2004:g] f@Et The 2004 Florida Statutes Title XXVI Chapter 336 COUNTY ROAD SYSTEM View Entire Chapter PUBUC TRANSPORTATION 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 of the federal government, or upon petition of any person or persons, 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 of the county and the public in and to 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 state and 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 as a 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 lttp:/ /www.leg.state.f1.us/statutes/index.cfm ? App _ mode=Display _ Statute&Search _ String=&URL=Ch... 311 0/05 Statute~ & Constitution:View Statutes :->:2004->CAO~36->Syction 10 : Online Sunshine Pagelofl Select Year: 12004 i!l t§e] The 2004 Florida Statutes Title XXVI Chapter 336 COUNTY ROAD SYSTEM View Entire Chapter PUBUC TRANSPORTATION 336. {O Closing and abandonment of roads; publication of notice.-Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such 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· Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch ... 3/16/05 Statutes & Constitution :View Statutes: On1~e.Sunshipe The 2004 Florida Statutes Title XXVI PUBUC TRANSPORTATION Select Year: 1~~Q~.j Chapter 336 COUNTY ROAD SYSTEM PageJ of1 View Entire Chapter 336.12 Closing and abandonment of roads; termination of easement; conveyance of fee.-The act of any commissioners in closing or abandoning any such road, or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, shall abrogate the easement theretofore owned, held, claimed or used by or on behalf of the public and the title of fee owners shall be freed and released therefrom; and if the fee of road space has been vested in the county, same will be thereby surrendered and will vest in the abutting fee owners to the extent and in the same manner as in case of termination of an easement for road purposes. History.-s. 52, ch. 29965, 1955. Copyright © 1995-2005 The Florida Legislature· Privacy Statement· Contact Us http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display _Statute&Search_String=&U... 6/6/05 ::h STREET I N534B.74 . E56oo.22· Iht of Way -S. 7th Street (Platted) --. "_--'~_~" 33.QJ 6'~ ____ " ,-:-" ...-__ ---,-. " ',' " " , • I •• ' "_ • 179. 94'(Deed&M) / --------".-- ". ". ~~5317.76 E 5610.0B WOOD POLE L WOOD ; POLE ". ; .><::>------73.48' -----+-e.i N 5204.61 E 5639.97 R=25.00 1.=39.06· Tan=24.79 Delta=B9"3f06" ChBrg=N44" Ch=35.19(M) SET IP 1/2" I 209B ' .. SET fI 2 R=25.00 1.=39.48 . Tan=25.2: Delta=90" S4 50 -------------.. n-~+--... !--¥:t~~~~--o:~";'-'~~ 180.42·(p~dM4L _____ _ -------N 5040.18 I=" '\F;1n c;c; a _. rag. 1 011 • ,. .~ Thia property deacribed as: A portion of the plat of "REVISED PLAT OF A PORTION OF THE AMENDED PLAT , • 'ce' OF PALM MIAMI HEIGHTS· as recoro:1eo:1 in Plat B'ook 43, Page, 37, of the ~ .::.'" .:Jt:'IZt::J£'!!.!::>~ :""': .9='3~. public Recoro:1s of Miami-Oao:1e County, FlorVla, more particularl¥ describeo:1 'if ,lac uspo', -::;; ;;~5 ' as follows: COMMENCE at the Southwest corner of Tract 8 of sal.d plat; " ,.,-3f!># I <::f{t ~,rzd thenpe on an assumeo:1 bearing of North 89·30'52" Ea'st, along the South ~ t:::;:;'G.1:l~:::.,51/vr C/lSRt:;-s#''f?'-'4-~ w boundary of said Tract 8 and the North right-o'f-way of S.W. l( -,." -e .e 7eJ' 80th Street, 280.42 feet, too a point of C)lrvat~Fe of a curve Q iI) sw· 7 9 . 57. 7,fN~ TAN /"fI.. , to the left, also being the poin1;.of beginning of the parcel III til . 1 ';t of land being describeo:1 hereinafter; thence continuing along {ifJj.q, .:5.9='POGO'·w '~"":;';;:.1'," . f. It.._ 5 saiq curve to the left, having. a radius of 25.00 feet, a delta /'PID • ~,::;iiie;!:,!§ /FP~, ~ a~gle of 89·31'06", an arc distance' of 39.06 £eet, a chord {; j.);'!~;; l...F.JI!O::J 0 o:1J.stance of 35.19 feet and a chord bearing of North 44·43'19" \L~ 18";':& ~ East, to a point of tangency, and the East boundary of sa10:1 Tract ;: , .::;-:,. 8, also being the West right-of-way of S.W. 60th Avenue; .... .. .. ! . thence North ·0'00'12" West along said East boundary of Tract ,lit ('v --. 8, and the West right-of-way of S.W. 60th Avenue, 227.58 -{} , .~ ~ 2 .. ~ A.;::~;> ,6 feet to a point of curvature of a curve to the left, thence along said curve having a radius of 25.00 feet, a delta angle of 90·29'58", an arc distance 0'£ 39.49 feet, a chord distance of 35.51 feet and a chord bearing of North 45·15'11" west to K "- ~ 7R.>1Cr e (po t/~ fJ-77) ~ .~'::tt" 0 -g :m '.~;~ ~ '0 K t..: l< ~ O,'~ ~ \~ It, w ~-~. b ~l . ~~" : l$ ( );, 7,la,yC:;7 '7 {M'!:l '~7) a point on the North ~ of said Tract B, and the .South right-of-way of S.W. 79th Street, tbence North 89·29'50" East, along the' South right-of-way,:,of S.W. 79th Street', 100.00 feet to a point of curve, thence along a curve to the left', having-a radius of 25.00 feet, a delta angle ,of 89·30'02/1, an arc distance of 39.05 feet, a chord distance o'f 35.20 feet and a chord bearing of South 44·44'49" West,. to a point on the West boundary of Tract 7 of said plat; and the East right-of-way of S.W. 60th Avenue thence South 0'·00,'12" East, ·along said i-.IP ~I' ",rll o I' " s ... ·~ FlPi2"J~ . , -.', jJS,t-'/2" t.J3 e.o,~ ~r t...1if20~ West .boundary of Tract 7 and East right-of-way of S. W. 61J'th Avenue, 227.61 feet ~o a point o~ curvature ,of a curve to the left, thence along said curve to the lefn, having a radius of 25.00 feet, a delta angle of 90°28'56", 'an ar'c distarice of 39.48 feet, a chord distance of 35.50 feet and a chord bearing of South 45°14'14" East, to a point on the South'boundary of Ne8~0!5.f! e. " ~ 'p.oc ? o,~ 1\.1(\ :s w, eO?'1t iS7 e(Jo_~' -Ji?-=-~==~~:-:n;w~ , 0 1 1 ----=-_--l"J'/f' -: J r j'w 211fl177": ~ ~ I ~ ~ =" 't '" ~ 9. I L:J '\, t.l '-'-'5r>r;t'& ': I ~-==':::"o-rf~:-.·-":~/(J' AI =""7;'r~ ~ -=i_r_ ~ III f'~'S""D ",~ --.,. dI,"" ~,{j, U/ ' n:;' .' Tp-<c?' ~ • III f'~ ,"I " ~ "." .. ~_s_"f_a~=~:::::"="=';'=./=6'-· ::. :', ~;(". . :sw eor;; "7,tz..'1C-T. -f ST- -"o;i:'"It..S 20~b I said Tract 7,. and the North rfght-of-waY:Lif.·S .'1; 80th Street, =1~ =f"""C ~o'{u!>'erd' thence South 89°30'52" west, alo'Ji~r:sai<:l North right-of-\~ay ,J2a £'5.00' of S.W. 80th Street, 100.00 feet to the Point of Beginning, , I _ ......:.__ Au 3f9-s!e' containing 14,415.55 sq. ft. Q 0.33 acres, mor.e or less. c::: A-a 8'::/3/06 " CHu ";3s.er::l /.16 ee!=J</ CN e~G':: s 45-/if-' ~o" G A= :ole>.o.;;' TAN. e.~ 1!.I' 11-[/"'" . ./b"nr 8~"nb1M '. )'7-t-r tJ { CII: ~,fe>' ,,, Boa.ings,rr any shown basod onJ lI"t'e-() 1(8'r1(tJ/~ CIISiZ14-N49-43f!:> E' / TAM· !t -I-7'!:/ H PROPERTY OF: Tharp, David' K. i . -(rQrorancat· r<f!9.) (/J'~ 'Ie: .!..OCA770N MAP .i!.I!- !Rtf ·c:tti't! 110 6 ) rl'",e//;c ~f/R..fc:::slJ1tVly·' !loUT ,'.tf,tllwnlSuttrnn:S:f:NATIutt UU,TlIC ustlt:UU.L ztA.ua;Q Io:UI..OY n.u.ID4I.1("L.~!;p';lfan:nnl .tJtDt.U.tm \ I hereby ctJt'dfy tl\61 ItIo4 ~ rlJpte-- Mtned lowfl:Oft ~ the mONl"MIm laC'MlQIu.l'Idards .., lonh by Ih. Ooatd cf Land ~ In d\ap:u:. "Cl1..& FbWb Admlr:lc::miwqo Cc.dt ~ to ~.crz.tr27.fb.~~vana ---.-.......... ~",,,,,m."", __ ,,, --h . /?-I!;p,,;.... , I.ANNf.!i AN)) GARCIA. INC. LII. n 2U9K • , SIIIlVt:Y()ItS.MA~I·r.ItS·l.ANI) I·L .... NNI:ltS • .BEALE-SMIIl'H;:.95238. U(ntr lufdrtu: JM "frAUr A\Ynttc. (·un::IOi:ab'C"I. nqrld. JJ IJ~ :, 'JOSl64~"t» 1~'.5lJ.!U4J ;, 1 ! . DRWG.NO ,1 137397 161668 MIAMI DAILY BUSINESS REVIEW Pl;!.>h~ D.lt:y ox:::o.;-,\ S~t\:!'~ilY, S:,l!1day ar.:l l-t9;1.tHc~tI)'$ MiAmi, Ikam'·DIl-:!.c COU"lly. Florida STATE OF FLORIDA COUNTY OF r.lIAMI·DAOE: Ook:u: tVJ un<j(H51gnod authorU>, pr:m;on<llly appeared OCTELMA V. FEnSEYAE, who on o3Lh says. lha\ flO or sha Is tho SUPEnVISOR.lagnl Notlcos of the Miami Dilll'f Business Rovinw fikfn Miami flovi{Jw, a d~ly (oxcept Saturday. Sunday and Lagsl HOadi1~) nowsp,lP€lt, pub!i!lhod at Miami in. Miuml·DDdo County, f-Io:idu: Ill .. ! Iho nu~ched copy of advQrtlsemlJnt, being a Leg.nt Ad'l{lr\isl'lmnnl of NoUco In tho matter 01 CITY OF SOUTII MIAMI PUBUC HEAF.iNG • JUNE 1.1, 2COS In U~(l XXXX COUll, was puu:istwd jn said ncw:;papcr In 1M: Issues of 06l01!2005 Alllnnl further $.1'{S 111<\1 !flQ said Miami Daily Business RB\'iilW L.-t; a. nowspaper pullTIr.hed ill Miami in said Miami-Dade Ccumy, FlOfid~l nnd lfiat :rlO said nsw5paper has horatofOle been continuously publlshGd in said Miami· Dado County. Florid<!. each dlly (excop: Snlufd.'l'{, Sunday nnd Legal' Holidays) 3nd has boon Gntoroo as second class roail manor al tho post offico in Miami In !'laid Mi.Jmi-Oade County. Ronda. for a peliod of Ct1Q yt1.u next preceding t,'1o [jISt pub!Jcation of the' ntl;JchOd copy or adver1fsorr.cnt; and amant +Urlher says thaI he-or shu hns nClthar p.a(d nor prom!soC any person, firm or corporaliOO MY discoun!, robata, comm:ssion or rofund for Ihe purpose 01 mseClIIiMlhlS ildvor'Jsemon! r~lication in the said nows 2>iJ-r.'4 ), ~f.A///Av./.--tb Sworn 10 ar'o Slttlscribro before me 1his Ot dny 01 JUNE . A.D. 2C<>S _c~21/~ (SE,\L) QCTELMA V. FERBEYRE pu(sonn.ily knovm 10 mo ".,."1 ~ ChQr),~ H Marm&.' . t ~ .; MYComtn.'1'l~D0336550 \.e-.""df' ~Plle'July 18,20OS i·:~b'iMmAl\g~~:~~:~YORAND· CITYCOM~USSION OF' ,.; :'" ~Dc~;riv~tci~~~=' J~~~oR:ro~~~p~o;n~ i .' CERTAINPROIIISIONSTHAT AlLOW FORTH!; REDUCnONOF\ ;.:~~~~=:=~7i~~~~4~:\lfJE~~g:1 " ": OMMENOATIONS'OF THE "ZONING TASK FORCE. PARKINGI .' COMMITTEE. ANO TIlE ptAflNlNG 'BOARO PERTAINING TOI ":.;" :nlEREDUCTION OFREQUlRED PARKING SPACES AND TO .,,:: PREPARE NECESSARY AMENDMENTS; PROVIDING THAT OR·! :::;g~I1Ni6:cf 1J;rF~~~~~'1T~~ ~:So~r:iic;.r~~6'~[;~c;,: '1' ""i" VlDINO FOR SElffiRAaIUJY, ORllINAIICES"IN CONFUCT, ANO " ''''PROVIDI!iGAN EFFECTIVE DATE;" ... : .. "'",i.i". " I .,: ,:~';~~'6\~U~~~~:":";":' T~ .. ~:'··:::;::' , .. :.,~\::;.':,:. . ,.:,:,,~:~.~', ; • ~ I ::~'"A'RESOLIJTIOli,OF:TIle MAyOR.ANt) CiTYCOMr,lISSION OF' "·"",TIlE ClTYOF SOUTH r,l1AM1; FOORJDA; AUTHORlZJNG THE CITY'~ ···:~~~~~~~~T~~:~:;;~E~·tg:~~C~OJNu"i.l ;; /IICE ASSISTANCE GRANT (SAG) FY ~OOStOl, IN TilE AMOUIIT : , ;-,':OF'$f2.02.9.0()FORTIlE PURP0S:E OF£NHANC1NG .THE CRIMe. ; . ";,SUPPRESSION.TEAM FOR·THE POLICE DEPARTMENT; ANDd rn~]~~~~~{~~if::~I~~~ii~~~ipil :; liON OF ABllTTING,PROPERTY OWNERS,"APPROVING THE: .... VACATION lIND AllANDOllMENT"O. All UNIMPROVED RIGHT-I I;,' OF.WAYPORTION OFSIVUAVENUE LOCATED BETlVl;EnSW , "" :,,7~ STREel',AND SW SO STREET MORE ruLLY llES1:IlIBEllIN Po 1 : .. LEGAL. DESCRIPTION. SET" FORTH SEl:OW:",SUBJECTTO I ':~~~~~~::SeJr~°;fe';l~~~~}~~·~~o~~g;,o:.; t@""ME~" '~~~~".'OI" N~!.OR"~ E"F.FECl1Ve?~re;;::;;:::." ... :~\~~· ! :,' A RESOWnON OF1HE MAYOR AND civ.COMMISS;6N OF ".'. TIlE CITY OF soum "'IAlIII; FLORIDA APPROVING "THE VACA· ';;'~~~,,::;~~~~O~~~'fs~'~:,:r~V~~~J-g~.i ."Y:~~~N~~lrJ'-i~~:-Th~~i:'T~iir{6~;i.:1 "~!~~~~:o~~NgJrr~~~Jfrg~:g:::;i: i';;OWil~RS' PRoVibiNG' lJ!GAt. 'DESCRiPTION' AND.i:HE"RE.j :',,,,, CORDING OF ~ !.£GAL DOCUMeNTS NECESSARY fOR TIlE~ ::;"ABANDOi'lMEIIT!PROVIOINGFORIINEi'Fl!CTlVEDATE; ,,'" ~ #i~~~*~t,~~'~~1;J.t~~ft;;~.k~~1 llyouhaVoilllylnqulrlesimllalfl:sIIwoUcmsplN,._1Im P!a~ i ;~~~~~'i,:';~!~ 'Pw!tr.U11.1O.Fbrid4 St:lMes288.0105.lho CitY hlircby lIt,t/I'So:s tho' pu~lIC;; IiWHapenondecld .. '" appc:llanydoclt;iOOrnad. by IhI< soariI,Mon·" r:y.~.~mis.sb:l:wtU1 ~~~ to:JOY m.aUcr ~k$4~d ort us. inecUIlg or.1 ;hoanng. hoo(Show1ll ""ad .",COIlI 01111. p""",odlnll', or>:l1h>1 tor &uch, pu~~'af{od:od pinsOtl: tMy ~B~ 10 on:oO!'8 '\h.a1 a vorootlrri ~o.rd ~ , ,~e,~~ng:'J h',ntMo.wtUch ~ irn;!~e:ad~ ~o~t.1!l?f!Y,~nd tw~! ;l~~;:~,~~~~;~~;~~:~;~oSid~Z~;·;'~'~~,~\,.; Sunday's juts section highlights local entertaiment for you. Theater, movies, art ana music are reviewed weekly. In loday's world, gaining peace of mind can be . Bill, whon you reall and use llle beslZelier "Dlanetics: The Modern 01 Mental Health' b)' L Ron Hubbard, you've got the knol'l-howlo help gel rid of stress! Price: $7.9llPaperback Bookstore Dept Hubbard DianeUc~ Cenler 120 Glralda Ave, Coral Gables, FI33134 . 305·445-7B12 0" TuilS<fay, June .14 2005, beginning at 7:30 p.m.,ln.the City Coinmlsslon Chambers, .6130 Sunsot Drive,. the. City· Commission. will hold .Public Hearings tooonsider tho following itemS: . . Ali OilDirlANCE nEt:AT 6.1 (Ol/1)Ib] OF T PRoViOEfOn STAG DING SECTiON 20- E IN ORDEIITO AnD MEMBERS. All ORDINANCE AMENDING TIlE DEVElOpMENT AGnEE~;ENr' ADOPTED AS PAIIT OF. OROINA~ICE' NO;. 12-D5-1834 WHICH TilE DEVELOPMENT AGREEMENT fOR A PlANNEOUfIllT DEVELOPME USE PROJECT ImDWII OMMONS LOCATED AT 6600·6640 SW AVENUE Arm 5757 SW HE PUflPOSE OF .TIlE AMHJDMEIIT IS TO AUTHORIZE THE N TO PROVIDE A SPECIFIC AMOUNT OF PARI( AND. OPEN SPACE CONCURREUCY PAYMENT TO THE CITY AND AMEUD/NG TilE DATE FOil PAYMENT. /lUOROIllA/lCE AMENDING THE DEvflOl'MErIT AGREEMENT ADDPTED AS PI\RT OF·ORo/NANCE 5-1821 WHICH APPROVED TIlE DEVEtOPMEIJT AGREEMEIlT FOR 0 DEVElDPME~lT PROJECT KNOWN AS -PROJECT SUNSEr' LOCAT AT 5150 SUNSET DRIVE" 1IIJO LEGIlLLY mf~gED AS Ol? 4~~PW. ~5I1MM~~88 INCLUSIVE AND TIlE TO IN PlAT nODlt 3 AT PAGE • REC : THE PURPOSE OF THE AIlTIIDRlZTHE A TDPROVIDE A SPECIFIC AMOUNT 0 PA I " . ~gg~k\~~K~ r~~I~,[;1H"~ 5ID'Etm.~~:~ THE DATE UTIIDRlZlNG .MCITY MANAGER TO SIGN A THREE YEAR ERIZON WIRELESS AS TIlE POLICE OEPARTMEllTS WIRELESS Jl~~~Rto~rJ.\W~IJG ESTIWITEO SAVINGS OF $19,521 AU ORDINANCE RElATllJG TO TIlE lANO DEVELOPMENT CODE; MODIFYING ANIl SUSPENOHIG CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF nEOUIRED . PAnI(ING' SPACES, fOR A PERIOD OF NINE MONTHS,. THEREBY EI'lABWlG THE CIlY TO. EVAlUATE RECOM~mJDATlONS OF THE ZONING TASK COMMITTEE, AIm THE PlAN~JING BOMD PERTAINING TO TIlE OF REOUIREO PAR\(lNG SPACES' AlJD TO PREPARE NECESSARY ; PROlllOlIJG IHAT ORDINANCES OR SECTIONS TlIEREOf 11>1 ALL Nor BE IN FORCE AND EFFECT DURING TIllS TIME ~ERIOO. II REsoumOII/,UTliOnlZIHG TIlE CITY MAtJAGER TO APPLY FOR AN ACCEPT. IF AWARDED: MONEY FROM TIlE urllTEO STATES DEPARWErH OF JUSTICE, JUSTICE ASSISTANCE GRJUlT (JAG] FY 2VDS/07.1I111lE AMOUIJT OF $12029.00 FOR THE PURPOSE Of EI1I1ANCitIG THE C~IME SUPPRESSION TEAM fon TIlE POliCE DEPARTMEriT. <A RESOLunorl lid RESPONSE TO PETITION OF ABUTTING PROPERTY OWNE~ I\PPROVlrlG THE VACAllOfl AIJO AOMJOONMErJT OF /IU UNIMPROVEil RlGfIT-OF- WAY pORnON DF SW 60 AVENUE LOCATEO BffiVEEIl SlY 79 STREET AND SW BO STIIEET MORE FULLY DESCRIBED IN A TION SET FOllTII BELOW: SUBJECT TO rr,orEIITY OWIJEIIS PH I' HE RECORDING OF r,LL ~GAl OOCUMEllTS NECESSMY FOR T ABANDONMEIIT. ~ II. RESOLIlTIOII APPROVING THE VACATION MJ() A!lANDONr!<ENT OF 1\1, UNIMPROVED nIGHT-Of-WM PORTIOtJ OF SW 50 STREET LOoflTED Bm'lEEN SV{ 63110 AVENUE f,NO TIlE com'ORATE LIMIT mJE OF TIlE CITY OF soum ImAMI; SAID VI1CAnOl! SUBJECT TO THE COIJTItJUANCE OF TIlE EXISTING UTILITY EASWEI~T TO DE IMINTAINEO BY' pnDPEilTY OWNERS; SUBJECT TO PROPERTY O~JtJERS PROVlOlNG LEGAl OESCIIIPnOtl AND ruE RECORDING OF (ILL LEGAL DOCUM81TS. NECESSARY FOR ,HE ABIIIJDONMElfT. A RESOLllTlotJ'REUITING TO " BEQUEST FOR A \'ARlr\~JCf FROM SECTION 20-3.56 OF TIlE LAHD DEVELOPMENT CODE TO ALLOW TIlE LOT SIZE OF A BUILDIIJG SITE TO BE 9.927 SQUARE FEET AND LOT FRO!'lTAGE TO BE 95 fEET WHERE A MINIMUM Lor SIZE OF 10,000 SQUARE FEET IS REQUIRED liND A MINIMUM OF 100 FEET OF Lor FllONTAGE IS REOUIR!:O ON PROPERTY lOCIlTED AT THE NORTHEAST CORlIER OF S\II 71 srnEET IllJO SW 61 AVHJUE. souru MIAMI, FlORIDA, WITHIN TIlE "MO' P.lEDIUM·lNm!S1IY OFFICE ZONING USE DISTRICT; TilE PURPOSE OF THE VMIANCE IS TO PERMIT THE COrlSTRUCnON OF A FOUR STORY MIXED USE BUILDING. toquirics ooncemiog th!s nom shO\l.:f be G'ITiC!ed to the PIannlng Dcp"'trl1ent '" 305-6S3-6326- ALllntorcsted pa.rties ara Invited to attend ~nd will be heard. . Marl." M~ Monendez CIty Clerk ! roU~t~;!I!~!O~:Cjsr~~I~~~a:Y01J\~;'d~~t~I~~~;~~~YQ~dt~~~nY~~i~~~~~~~tb:c\~~u~~ d:ri!~lt~~ ; con:;ido-red ll~llS meoting or hearing. 110 or 'sho wm ncod n record of the pro::('odir.gs:, nn:Ythlll fOf ~ $u:h purpose, oflcclcd person mny noed 10 ensuro Ihal il v\!rbnlim record of procctJoirlO:J i!. , r.-, ... 10 w~!t:h m=ord il'lcludcs ttl\! Icr.timony nnd evic:lonco lIPan wblch the 1 to bD" based, " \1 I 33" '" 0 0 N oi W Z :> .., >= <t: Q V) C>: :J :r I- 0 ..J <t: 0: W :r: w :r: l- E 0 u :9 ~ .c ;i ~ 3: tJ) !!l