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Ord. No. 02-99-1676ORDINANCE NO.2-99-1676 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,ABANDONING THAT ALLEY LOCATED BETWEEN LOT 59,BLOCK 9,OFTHE FRANKLIN SUBDIVISION AND LOT 60,BLOCK 10,OFTHEFRANKLIN SUBDIVISION AS LEGALLY DESCRIBED HEREIN BY EXHIBIT A;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission has the power to vacate,abandon,discontinue and close an existing public or private street,alley-way,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,on April 16,1998,a letter was received from Betty Mullen,representative of Habitat for Humanity,describing Habitat for Humanity's desire to close the alleyway located between its property,6481 SW 59 Court,and the property owned by Theodis Powell Bostick, 6501 SW 59 Court;and WHEREAS,on May 11,1998,a letter was received from Theodis Powell Bostick also requesting the disposition ofthe alleyway;and WHEREAS,City Administration has recommended vacating that alley located between Lot 59,Block 9,of the FRANKLIN subdivision and Lot 60,Block 10,of the FRANKLIN subdivision as legally described herein by Exhibit "A",because the alley presently serves no public purpose to the City and will,upon its reversion to the adjacent property owners,constitute additional ad valorem tax revenues to the City;and WHEREAS,on December 30,1998 the Planning Board voted 6:0to recommend approval of this ordinance and has now completed the public hearing;and WHEREAS,the Mayor and City Commission desire to accept the recommendation of the Planning Board and provide for the best utilization of property within the City of South Miami. NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That the alley lying between Lot 59,Block 9,ofthe FRANKLIN Subdivision and Lot 60,Block 10,of the FRANKLIN Subdivision as legally described herein by Exhibit "A"be,and the same hereby is,abandoned,renounced,and disclaimed by the City of South Miami and shall,pursuant tothe plat creating that alley,revert to the ownership ofthe immediately adjacent properties,as demonstrated by Exhibit "B". Section 2.Notice ofthe adoption ofthis Ordinance bythe Commission shall be published one time,within 30 days following its adoption,in one issue ofa newspaper ofgeneral circulation published in Miami-Dade County.The proof of publication of notice of public hearing,the Ordinance as adopted,and the proof ofpublication of the notice ofthe adoption of suchOrdinanceshallberecordedinthedeedrecords of Miami-DadeCounty. Ordinance No.2-99-1676 Section3.If anysection,clause,sentence,orphrase of thisOrdinanceisheldtobe invalidor unconstitutional byanycourt of competent jurisdiction,thensaid holding shallinno wayaffectthevalidity of theremainingportions of thisOrdinance. Section 4.All Ordinances orparts of Ordinances in conflict herewith beandthesameare hereby repealed. Section 5.This Ordinance shall take effect immediately atthe time of its passage. PASSED AND ADOPTED THIS 5th day of January,1999 ATTEST: MjMjlI CITY CLERK 1st Reading - 2nd Reading - 12/1/9 1/5/99 ^ READ AND APPROVED AS TO FORM: /&>>&& ^eifY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Russell Commissioner Feliu: 5-0 Yea Yea Yea Yea Yea EXHIBIT "A":LEGAL DESCRIPTION: THAT ALLEY LOCATED BETWEEN LOT59,BLOCK9,OFTHE FRANKLIN SUBDIVISION ANDLOT 60,BLOCK 10,OF THE FRANKLIN SUBDIVISION,ACCORDING TOTHEPLAT THEREOF,AS RECORDED INPLAT BOOK 5,PAGE 34,OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT APOINT,SAIDPOINTBEINGTHESOUTHWESTCORNER OF LOT59, BLOCK 9 OF THEFRANKLIN SUBDIVISION,THENCE RUNNING EASTERLYA DISTANCE OF 110 FEET,MORE OR LESS,TO A POINT,SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 59.THENCE,RUNNING SOUTHERLY A DISTANCE OF 8 FEET,MORE OR LESS TO A POINT,SAID POINT BEING THE NORTHEAST CORNER OF LOT 60,BLOCK 10, OF THE FRANKLIN SUBDIVISION.THENCE,RUNNING WESTERLYA DISTANCE OF 110 FEET MORE OR LESS,TO A POINT,SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 60.THENCE,RUNNING NORTHERLY A DISTANCE OF 8 FEET,MORE OR LESS, TO THE POINT OF BEGINNING. CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor&City Commission Date:December 29,1998 From:Charles D.Scurr Agenda Item #II U**1 Subject:Comm.Mtg.01/05/99 City Manager /Jfafc*Abandonment of alleyway REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,ABANDONING THAT ALLEY LOCATED BETWEEN LOT 59,BLOCK 9,OF THE FRANKLIN SUBDIVISION AND LOT 60,BLOCK 10,OF THE FRANKLIN SUBDIVISION AS LEGALLY DESCRIBED HEREIN BY EXHIBIT A;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. BACKGROUND &ANALYSTS On April 16,1998,a letter was received from Betty Mullen,representative of Habitat for Humanity, describing Habitat for Humanity's desire to close the alleyway located between its property,6481 SW 59 Court,and the property owned by Theodis Powell Bostick.6501 SW 59 Court.On May 11,1998,a letter was received from Theodis Powell Bostick.which also requested the disposition of the alleyway. Chapter 336 of Florida Statutes states that the City is authorized and empowered to close an alleyway upon petition of any person or persons.The City has closed alleyways before.In 1992.six alleyways, similar to the subject alleyway,were closed based upon the City's findings that the alleys did not serve any public purpose,did not receive regular public usage,and would better serve the City as property under private ownership and subject toadvaloremtaxes. A site visit to the subject alleyway revealed that it does not serve any public purpose to the City or receive regular public usage.The subject alley does not appear to be an alley at all.asitisa grassed area.Approval of the attached ordinance would allow the alleyway to revert to private ownership, each owner receiving halfof the alleyway,resulting in an increase in ad valorem taxes for the City and better utilization of thepropertyforallinvolved. On December 30.1998.the Planning Board voted 6:0 to recommend approval of the proposed ordinance. RECOMMENDATION:Approval Attachments: Proposed Ordinance for adoption ExhibitA:Legal Description ExhibitB:Depiction of disposition Lettersfrom adjacent propertyowners Survey PlatBookPage Pictures ORDINANCE NO. j 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,ABANDONING THAT ALLEY LOCATED 6 BETWEEN LOT 59,BLOCK 9,OF THE FRANKLIN SUBDIVISION AND LOT 760,BLOCK 10,OF THE FRANKLIN SUBDIVISION AS LEGALLY DESCRIBED 8HEREIN BY EXHIBIT A;PROVIDINGFOR SEVERABILITY;PROVIDING 9 FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS,theCity Commission hasthepowerto vacate,abandon,discontinue and 13 close an existing public or private street,alley-way.road,highway or other place used for travel 14 or any portion thereof,other than a state or federal highway,and to renounce and disclaim any 15 right of theCityandthepublicinandtoanylandinconnectiontherewith;and 16 17 WHEREAS,on April 16,1998.a letter was received from Betty Mullen,representative 18 of Habitat for Humanity,describing Habitat for Humanity's desire to close the alleyway located 19 between its property,6481 SW59 Court,and the propertv owned by Theodis Powell Bostick. 20 6501 SW 59 Court;and 21 22 WHEREAS,onMay 11.1998,aletterwas received fromTheodisPowellBostickalso 23 requestingthedisposition of thealleyway;and 24 25 WHEREAS.City Administration has recommended vacating that alley located between 26 Lot59.Block9,of the FRANKLIN subdivisionandLot60.Block10,of the FRANKLIN 27 subdivision as legally described herein by Exhibit "A",because the alley presently serves no 28 public purpose totheCityand will,upon its reversion tothe adjacent property owners,constitute 29 additionaladvaloremtaxrevenuestotheCity;and 30 31 WHEREAS,on December 30.1998 thePlanningBoardvoted6:0torecommend 2 approval of thisordinanceandhasnow completed thepublichearing:and :> 33 34 WHEREAS,theMayorandCity Commission desiretoacceptthe recommendation ofthe 35 Planning Boardandprovideforthebest utilization of property within theCityofSouth Miami. 36 37 NOW,THEREFORE.BE IT ORDAINED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI.FLORIDA: 39 40 Section1.ThatthealleylyingbetweenLot59.Block9.of the FRANKLIN Subdivision 41 and Lot60.Block 10.ofthe FRANKLIN Subdivision as legally described herein by Exhibit 42 "A**be.andthesame hereby is.abandoned,renounced,and disclaimed bytheCityof South 43 Miami and shall,pursuant totheplat creating that alley,revert tothe ownership ofthe 44 immediatelyadjacentproperties,as demonstrated byExhibit "B". 45 46 Section 2.Notice of the adoption ofthis Ordinance bythe Commission shallbe 47 published one time,within 30 days following its adoption,inone issue ofa newspaper of general 48 circulation published in Miami-Dade County.The proofof publication of notice of public 49 hearing,the Ordinance as adopted,andtheproofof publication ofthe notice ofthe adoption of 50 such Ordinance shallberecordedinthe deed records of Miami-Dade County. 51 1Section3.Ifany section,clause,sentence,or phrase of this Ordinance isheldtobe 2 invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no 3 wayaffectthe validity of theremainingportions of thisOrdinance. 4 5Section4.All Ordinancesorparts of Ordinancesin conflict herewith beandthesameare 6 hereby repealed. 7 8 Section 5.This Ordinance shall take effect immediately at the timeofits passage. 9 10 12 PASSED AND ADOPTED THIS 5th day of January,1999 14 APPROVED: 15 16 17 18 MAYOR 19 20 ATTEST: 21 22 23 24 CITY CLERK 25 26 27 28 READ AND APPROVED AS TO FORM: 29 30 31 32 CITY ATTORNEY EXHIBIT "A":LEGAL DESCRIPTION: THAT ALLEY LOCATED BETWEEN LOT 59.BLOCK 9.OF THE FRANKLIN SUBDIVISION AND LOT 60,BLOCK 10.OF THE FRANKLIN SUBDIVISION.ACCORDING TO THE PLAT THEREOF.AS RECORDED IN PLAT BOOK 5.PAGE 34.OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT.SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59. BLOCK 9,OF THE FRANKLIN SUBDIVISION.THENCE RUNNING EASTERLY A DISTANCE OF 110 FEET,MORE OR LESS,TO A POINT.SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 59.THENCE.RUNNING SOUTHERLY A DISTANCE OF 8 FEET.MORE OR LESS,TO A POINT,SAID POINT BEING THE NORTHEAST CORNER OF LOT 60.BLOCK 10, OF THE FRANKLIN SUBDIVISION.THENCE,RUNNING WESTERLY A DISTANCE OF 110 FEET.MORE OR LESS,TO A POINT.SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 60.THENCE.RUNNING NORTHERLY A DISTANCE OF 8 FEET.MORE OR LESS, TO THE POINT OF BEGINNING. •15 V) CD o Z1& n *i • ( 2 i \J\ o * i HABITAT FOR HUMANITY OF GREATER MlAM! building houses in partnershipwithGod's people in need April 16,1998 Mr.GregoryJ.Oravec,Planner City of South Miami 6130 Sunset Drive South Miami,FL 33143 Re:AUey South of 6481 SW 59 Court,South Miami -8 ft.X 121.25 ft FRANKLIN SUB,PB 5-34 -See attached Legal Description DearMr.Oravec, Habitat for Humanity ofGreater Miami is currently building a3-bedroom,1-bath CBS single femiiy residence at 6481 SW 59 Court under Permit #97-108 which was issued September9,1997. Miami Habitat requests that the 8 ft.alley south of this property,running east approximately 121.25 ft.from SW.59 Court,be dosed by the City of South Miami and dedicated to the property owners on the north and south of the alley.This would be consistent with the disposition of similar alleys in this area of South Miami. Please see attached survey,proof of Miami Habitat ownership,sketch of area indicating alleys that have been closed by South Miami ordinance. Wc would appreciate your prompt assistance in accomplishing the closing of this alley Please contact me if further information is required. Inpartnership. ""Elfcabetfi A.Mullen Construction Administrator I**..*ao^G«nri Hacraf For Humanity of Greater Miami /P.O.Box 560994 /Miami.FL 33256-0994 /(305)670-2224 -—May .I1.J998 City of South Miami Planning &Zoning Department 6130Sunset Drive South Miami FL 33143 RECEIVED MAY 13 1998 Theodis Powell Bostick 5701 NW10Avenue Miami,Florida 33127 Re:Alley Running East from SW 59 Court Between 6481 SW 59 Court and 6501 SW59 Court SouthMiami Approximately 8 ft.X 121.25 ft. To Whom It May Concern- This letter is to advise that the undersigned Owner ofRecord «fth«-.6501 SW so r™,rt c~.u **•••*'-'vvner °*Kecord ot the property located at I can be reached at 758-7338 after 3"00 PMT ~--™**?**!?•. ,n J^ours truly,/\ •w.'Theodia Powell Bostick Owner of Record "'»••»•?IiMin nnirE£»*VC ;S*aaawasgaag•—.Z riNHt*****•»«—run»nn«ftwi,iiiiiL!T7?**—-——- ^^"W**IIIIMHMfM "www«*«*•mi,,,uu,mJLt m.*-h.«...„._,^^r^if •—-mim».i|n «».—W.M|,«, tc4f*-e7HfULfcrtgS&BTt^ a&fcs^re•*-^«~^t?f¥^ XrH-Uotoj in..~~—~iffmilmejooimi»._i^ mz: iZZ "7TT S9 *9 OD o —rV 29© I? 09 on »A>*1T1W Oil 6? 8S CP —f- o to ss *s €S on **f3'S JOft'M'N io-JOO-a-N ivza OTT-V X "I s23 23 OS CD r o o CD 6* 8* on O -?£ 9£ S? on on Oil 9 *f «in o S*zc .**IC CP 01 t o «*p o (Jt t -4 :3*62 • i 1*82 o o*L2 o on on S32 o -ozi 92 021 """T S2 21 CD r- n BLOCK »S3*TO 01 :23 6 o 12 021 8 021 021 S 03 021 L 61 9 91 CP r S r o 5 LI 7v 04 © o '9|s :St 2 01 o fr 1 021 I 021 -9 A?099 O^-VS -S2"Si0^1S^^MNi0,'/C3N jo <»°~ looK,oy gos+($qCou^ •5 C o m o