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20Sout~iami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To : The Honorable Mayor & Members of the City Commission V IA : Steven Ale x ander, City Manager FROM: Dwayne Williams, Planning Director Agenda Item NO .:~ 0 DATE : September 1, 2015 SUBJECT: An Ordinance vacating and abandoning 1,762.90 square feet of the unimproved right-of-way portion of SW 44th Street and SW 64th Avenue, Folio No.09-4024-030-1170, and to quit claim the City's interest to the abutting property owners. BACKGROUND : The applicant who is the adjacent property owner is requesting the review and approval of the abandonment of approximately 1,762.90 square feet of public right-of-way (ROW) located at the intersection of SW 44th Street and SW 64th Avenue which i s de scribed in the attached Exhibit "A" as well as indi c ated in Figure 1 below. Su b "ect ROW ANALYSIS: 'i"1[ + ___ ._SYl.44!h STf~EET ._._. PO~-{ -J2.95· - w ' ffi l >, £1 ;g ' ;:1 en , 1 , 1 + , "",' LO T 11, BLOCK 11 sastH L.M: (1 l 01 II . a.oo: II ~1~5 .oo· __ ~ ____ ~~~ __ i-~~~ SW. 44th STREET 106.07' Figure 1: Location of Subject ROW The right-of-way abandonment process is set forth in Florida Statute s 336.09 through 336.12 . This procedure requ i re s approval by the City Commission after a public hearing. After conducting a field in spection , it wa s found that the site is currently vacant with a low concrete wall running along the perimeter of the property as well as the perimeter of the subject ROW wh i ch blocks acce ss to the site. Trees are planted sporadically throughout the site as well . It is important to note that there isn 't any equipment from any of the local utilities on the site either. Upon inspection of the attached survey, it wa s found that the applicant al so own s the property directly to the south of the subject site. A review of the property record for this site indicates that it i s located in Unincorporated Miami-Dade County. • The City Engineer, recommended the vac ating of that portion of unimproved right-of-way of SW 44th Street and SW 64th Avenue, located on the northwest side of the property identified as folio : 09-4024-030-1170 wa s not servin g any public purpose to the City or the public and becau se, upon its revers i on to the adjacent property owners, it would constitute additional ta x revenues to the City. Staff has also received written confirmation from the City's Public Works Department, which states that while there is no opposition to the abandonment of the subject area . Letters from both Florid a Power & Light and Miami-Dade Water & Sewer Department indicate that there are no ea sements or utilities on the site. PLANNING BOARD ACTION: At the Augu st 11, 2015 Planning Board meeti ng and following a public hearing, the board voted 6-0 for approval forwarding the abandonment of the subject ROW identifi ed in Ex hibit "A ." RECOMMENDATION: Staff recommend s approval for the abandonment of Right-of-Way appli cation . Attac hments: • Appli ca ti on Package • Exhibit "A" 1 2 3 4 5 6 7 ORDINANCE NO. _________ _ An Ordinance vacating and abandoning 1,762 .90 square feet of the unimproved right-of-way portion of SW 44th Street and SW 64 th Avenue, Folio No .09 -4024 -030-1170, and to quit claim the City's interest to the abutting property owners. 8 WHEREAS, the City Commission has the power to vacate, abandon, discontinue and 9 close an existing public or private street, alley-way, road, highway or other place used for travel 10 or any portion thereof, other than a state or federal highway, and to renounce and quit claim any 11 right of the City and the public in and to any land in connection therewith; and 12 13 WHEREAS, the City Engineer, recommended the vacating of that portion of 14 unimproved right-of-way ofSW 44th Street and SW 64th Avenue , located on the northwest side 15 of the property identified as folio: 09-4024-030-1170 was not serving any public purpose to the 16 City or the public and because , upon its rever sion to the adjacent property owners, it would 17 constitute additional tax revenues to the City; and 1 8 1 9 WHEREAS, at the August II , 20 IS Planning Board meeting , and following a public 20 hearing , the Board reviewed application PB-15-0 II and voted 6 ayes, 0 nays to recommended 21 approval of the request for a special use to vacate and abandon; and 22 23 WHEREAS, the City Commission desires to accept the recommendation of the Planning 24 Board. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1: The abandoned and unimproved right of way known as the portion of 30 unimproved right-of-way of SW 44th Street and SW 64th Avenue , located on the northwest side 31 of the property identified as folio: 09-4024-030-1170 and is more fully and legally de scribed in 32 the attached Exhibit "A" is hereby vacated, abandoned, discontinued and closed. The City hereby 33 renounces any right of the City, and of the public, to the property described in the attached 34 Exhibit "A" and hereby quit claims ownership in said property, to the abutting property owners 35 of the immediately adjacent property. The property owner shall payor advance the costs 36 associated with the abandonment of this property, including costs of all publication concerning 37 this ordinance and the cost of recording of thi s ordinance, all attachments thereto and the proof 38 of publication. 39 40 Section 2 . Notice. otice of the adoption of this Ordinance by the Commission shall be 4 1 publi shed one time , following its adoption, in one issue of a newspaper of general circulation 42 published in Miami-Dade County. The proof of publication of the notice of publ ic hearing , the 43 Ordinance as adopted, and the proof of publication of the notice of the adoption of such 44 Ordinance shall be recorded in the deed records of Miami-Dade County. 45 1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for 2 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 3 shall not affect the validity of the remaining portions of this ordinance. 4 5 Section 4. Effective Date. This ordinance shal l become effective upon enactment after 6 second reading and public hearing. 7 8 PASSED AN D ADOPTED this ___ day of, _______ , 2015. 9 10 11 1 2 13 14 1 5 16 17 18 19 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM , LANGUAGE , LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED : MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor: Harris: Commissioner Liebman: Commissioner Welsh: Commissioner Edmond: MIAMI.' :i!elij:"j ~ f\OA Coofuiuillion AgendJ Coordin.ltion Anim a l 5ervic~ Atl in Public PI;)C!!!; A,u:lit i'l1l{! Management Sefviccs Aviation Ouilding Building Code Compli.:mce BusinL-'S$ Development lpl!al Improvements ConSIn.lctioll Coordination Citizens' Independent Tr.lnsportJ[ioll Trust Commis~ion on Ethics and Public Tru5l. ConlmUnications Community Action Agency Community ~, Ecooomic Development Community Rciations Con~umer Services Corrections & Rehilbilil.1tion Cultural Aff"i~ Elections Emergenc)' ,'Vlanagemcnl Employee Reliltions Empuwerment Trust Enterprisc Techno logy Services Environmental Resources , .... I;magemcnl F<lir Employment Prilctices finance Fire Rescue General ScrvJces .... dmin islrillion Historic PfesefVation Homeless Trust Housing Agen cy Housing Finance Authority Human Services IndC!p(!nnenl I.:evicw Panel Interniltion.ll Trade Consortium Juvenile Assessmcnt Ccnler MediCal b:amincr Mt:tro-,\ili(lmi Action rl.:m Metropolit~1l Pl,loning Organization P.uk ilnt! RecrC<l,ion ?lill1ning ilnd Zoning Police Procurement M,lOagcmcnl Property Appraiser Public Libr.lf Y S}'Slem Public 'vVork s 5.:Jfe NeighbOfhood Pilrks 5<,,,,,,, Solid WasTe M;lOilgatlcnt Su .lIC'&iC Business ,'yUr'ldgt?nlenl lCilm Mt:tro l rilnsiT l ils!. Force on Urb~n F.conomic Revi\<lliz.l(ion ViZC.l)'i1 MlJ'Scvm And G.::rdens Wnfct & Sewer Miami -Dade Water and Sewer Department P. O . Box 3303 16 • 3575 S. Lejeune Road Mia mi , Florida 33233 -0316 T 305-665-7471 April 2 7, 2015 Re: Victor M. Yanes ltnd Eleonor Yanes 6394 SW 41". STREET Miami, Florida 33155 6394 SW 44tft . STREET Miami, Florida 33155 LOT 11,and the WESTERLY 2.00 feet of LOT 10, BLOCK 11 of "BIRD ROAD ESTA TES SUBDIVIS ION", accordillg miamidade.gov to the map or pilll thereof, liS recorded ill Pillt Book 19 at Page 76 . lillfle Public Records of Miami-Dade COUIITY Florida. Dears: Vi ctor M. Yan es and E leonor Yanes Miami Dade Water and Sewer Dept. (W ASD) has no objection to construct within the referenced property base on the fact that the Department has no Utilities and/or Easement associated with those facilities there. Our response is based on information you provided. By accepting this letter and using it in the permitting process, you agree to hold W ASD or Miami Dade County harmless of any liability or loss to y ou. R~p"tfuJly ;=. ~~ ~~er~ ~a J a~ P.E. Cl- \.) M a nager Plans Review Section S A G IM C/M JG cc : fil e 'i ~) I \ 1.J 5 >-----.\-. 2" . .-t ~ . iii SW 42 TER r·----, W ATEl{ -IfPAS ! -8"-,y,\, ! 698 ; rn;. I 217 ! ! 3486 .) 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May 1, 2015 Elea nor Yanes 6250 SW 44 Street Miami, FL 33155 Dear Ms Yanes: Florida Power & Light Company, 14250 SW 112 St, Miami, FL 33186 Phone: 305-387-6636, Fax:305-387-6650 With respect to the attached Survey a n d the proposed Right of Way vacation hig h lighted the reon . Please be advised that FPL has no facilities within this proposed Right of Way vacation and has no objections to that portion of the Right of Way being vacated. Respectfully, ~#~W R ick Ratcliff Engineering Leader FPL South Dade Operation s Florida Power & Light Co A NEXTera ENERGY Co mpan y City of South M iami Plann ing & Zoning Dep a rtment City Hall, 6130 Sunset Drive, South Miami, Florida 33 143 Telephone: (305) 663-6326 ; Fax: (305) 668 -7356 Application For P u blic Hearing Before Planning Board & City Commission Add ress of Subject Property : 0'1 ' 4 0 ,2'1 -030 · 1170 Lot(s) -1L-Block JL Subd ivi s ion BirO-P. .. d '3'14 .5 1..1 '14 J/rttl PB a-..1i. (P"J ') Meets & Bo unds : App l icant Vidor i ElW()Or VQntJ . Phone : (305)7 q3-qY{g 3 Representati ve: Organization : Add ress : -Phone : . EfJ~jtJ Pr ope rty Owner: Vidor YOM) • EI(Qr>or YQ{)(J Signature : ~~~ Mai l ing Address : ,,')..SO Jw 'J4 .f Ired Hi <2f')i FL 3 3 JSS Phone : OoS) -7 43 ·ql./("j Architect/Engineer: Phone : -- A~ AP PLICANT, PL EASE INDICA T E YO UR RE LATIONSH IP TO T HIS PROJEC T : Owner Owner's Representative Contract to purchase Option to purchase T enant/Lessee APPLICATION IS HEREBY MADE FORTHE 'FOLLOWING , SUBMITTED MAT ERIALS PLEASE CHECK THE APPROPRIATE ITEM : P~S E CHECK ALL THAT APPLY: -Text Ame ndmen t to LDC -Variance _ Le tter of intent· _ Zon ing Map Ame ndme nt _Special Use _ Justifications for cha ng e _ PU D Appro val _Special Exception _ PU D Majo r Change _Ot her 0N aiver of Plat) 9rtatement of hards hi p • _ Proo f of ownership o r letter from owner • _ Power of attorney Briefly explain appli ca ti on and cite specific Co de sections : _ Contract to purchase R<!~J(J I ~o IIacall eQJ-' t1)en~ L'Current surve y (1 original seale d and signed !1 reduc ed copy @ 11" x 17") _ 15 copies of Site Plan and Flo or Plans 24 x 36 ",1 reduced copy@ 11" x 17" _ Affidavit-Receipts attesting to mail . notices sent Sect ion: . Subsecti on' --Page #: __ Amended Da te : ~ailing labels (3 sets) and map . -- 7Required Fee (s) . e de,LSigned has read this comp leted application and represents that the information and all submitted materials are true and t to the best of the applicant 's kn owledge and belief. Vi clo r Y a nfJ/EItCko/ YO !'lO 1 .,)J ·"}O IS Print Name ' Date Upon receipt, . applications and all submitted materials will be r eviewed for compliance with the Land Development Code and other applicab le reguTations. Applications found not in compliance wi ll be r ejected and returned t o the applicant. . OFFICE USE 0 L Y j Date Fi led "'I-1.-!.II ~ Petition Require __ .,-._ M e thod of Payme nt · Date of PB Heari ng l> III /1 S' Da te of Commission _____ _ Petition Accepted, _____ _ X.\Fonns\PB ApphcatlOn for Pubhc Heanng (Rev ised Dec . 2009).doc July 23 , 2015 City of South Miami Planning & Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 Re: Letter ofIntent (for application for public hearing before City Commission) Dear Commisioners, Our intent for requesting a public hearing is to request to vacate the easement that is located in the front of our vacant land (folio 09-4024-030-1170, tentative address : 6394 SW 44 Street). lbis vacant land was purchased by us on March 2015. The property is enclosed almost entirely by a 4 foot high cbs concrete wall. The previous owner had been fined numerous times by the City of South Miami for not maintaining the aforementioned cbs concrete wall graffiti free. The previous owner settled his fines before our closing with the City of South Miami so it was our understanding the vacant lot we were purcbasing encompassed all the property behind the 4 ft. high cbs wall. We received our new s'urvey a few days before closing and we were shocked to discover that the true property :line runs on a curved line behind the wall. lbis means that the majority of the cbs wall does not lie on our property. After much investigation, we discovered the 1,762.90 square feet portion of land belongs to the City of South Miami. Also, there is no record why the wall was built outside the true property line. We are requesting for the City of South Miami to vacate this easement that is located behind the wall because we would like to keep the cbs wall and improve it. The city already has a sidewalk and swale area outside of the wall and FPL and the Water & Sewer Dept. have no intention of ever using that easement as well. Thank you, Victor & Eleanor Yanes July 23 ,2015 City of South Miami Planning & Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 Re: Statement of Hardship (for application for public hearing before City Commission) Our statement of hardship for applying for this request to vacate the easement that is located in the front of our vacant land (folio 09-4024-030-1170, tentative address: 6394 SW 44 Street) is the following: The easement in question is located behind a 4 foot high CBS concre~ wall that blocks any entrance or exit to our property since it runs the length of the frontage of the lot. We would have no access to come in or out of our property without teariIi~ the wall completely down since the majority of the wall lies outside of our property line. We are planning on building on this vacant lot once this issue is resolved an<i iwould love to keep the wall and maintain it properly. Victor & Eleanor Yanes j This instrument was prepared by _. and should be returned to: Tomas A. Pila, Esq. Pila Law Group, LLC. 3191 Coral Way, Suite 401 Miami, F133145 Folio No.: 304024-016-0141 09-4024-030-1170 1111111111111111111111,.111111111111111111111 CFN 2 015 R01.59275 OR Bk 29532 Pss 4628 -4630; (3oss RECORDED 0.311112015 11 :53:08 DEED DOC TAX 1.300.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA This space reserved for recording information WARRANTY DEED TIllS INDENTIJRE, made this 2"b day of, fHilR.t!II , 2015, between ADALBERTO A. DELGADO, a married man, whose address is 5821 SW 17th Street, Miami, Florida 33155 (the "Grantor"), to VICTOR M. YANES and ELEANOR YANES, husband and wife, whose address is 6250 SW 44 Street, Miami, Florida 33155 (the "Grantee"): WITNESSETH THA T: Grantor, for and in consideration of the sum of Ten and No/l00 U.S . Dollars ($10.00), lawful money of the United States of America, to it in hand paid by Grantee, enseaIing and delivery of these presents , the receipt of which is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee and his successors and assigns, all rigbt, title and interest in and to, the following described land, situate and being in Miami-Dade County, Florida: See Exhibit A attached hereto and made a part hereof (the ''Propertv'') SUBJECfTO: (I) Restrictions and matters appearing on the plat of Bird Road Estates , or otherwise common to the subdivision ; (2) Taxes and assessments for the year 2015 and subsequent years, which are not yet due and payable; (3) Covenants, conditions, restrictions, reservations, easements and limitations of public record, but this reference shall not operate to reimpose the same; and (4) All laws, ordinances , codes, zoning matters and other governmental requirements applicable to the Property . GRANTOR HEREBY CONFIRMS THAT THE PROPERTY IS NOT NOW NOR HAS IT EVER BEEN GRANTOR'S HOMESTEAD PROPERTY NOR IS IT NOW OR HAS EVER BEEN CONTIGUOUS TO GRANTOR'S HOMESTEAD PROPERTY OR TO ANY FAMILY MEMBER'S PROPERTY. GRANTOR RESIDES AT 5821 SW 17'" Street, Miami, Florida 33155. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Delgado -Deed · AND Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of and persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered m~~ Wltne atureA./J .. ; /o1M5 . rlUr- ADALBERTO A. DE ADO Print Name Print Name STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 2-day of Uvcb 201~, by ~ALBERTO A . DELGADO, who is personally known to me or who has produced V £1-\.1{ tJt.L. driver!:. "O<-h;;c:' , as identification. 5~&:~ My Commission EJq)ires; -2- Delgado·Deed 'f EXHIBIT A OR BK 29532 PG 4 63 0 L AS T PAGE Lot 11 , and the Westerly 2.00 feet of Lot 10, in Block 11, of BIRD ROAD ESTATES , according to the Plat thereof, as recorded in Plat Book 19, at Page 76, of the Public Records .of Miami-Dade County, Florida; Together with, the Parcel described as: That tract of land lying between Coral Lake and the above described Lots and being more particularly described as follows , to wit: Commencing at the NW corner of the East 112 of the East 112 of the SW 114 of the NW 114 of Section 24, Township 54 South, Range 40 East; thence run East along the North line of the South 112 of the NW-1I4 of Section 24, Township 54 South, Range 40 East, for a distance of 362.60 feet to the point of beginning of the tract of land hereinafter described; thence run South along a line 25 feet Easterly from and parallel to the Westerly line of the SE 114 of the NW 114 of Section 24, Township 54 South, Range 40 East, a distance of 89 feet, more or less, to the waters edge of Coral Lake; thence run Easterly meandering the waters edge of Coral Lake to the Point of Intersection of said waters edge with a line parallel to and 133.06 feet Easterly from said Westerly line of the SE 114 of the NW 114 of Section 24; thence run North along said line 133.06 feet Easterly of and parallel to the Westerly line of the SE 114 of the NW 1/4 of said Section 24, for a distance of 87 feet, more or less, to the point of intersection of last mentioned course with said North Line of the South 114 of the NW 1/4 of Section 24; thence West along said North line of the SW 112 of the NW 114 of Section 24, for a distance of 108.06 feet to the Point of Beginning. -3 - Del gado-Deed Statutes & Constitution :View Statutes : Online Sunshine The 2015 Florida Statutes Title XXVI PUBLIC TRANSPORTATION Select Year: 12015 v i ~ Chapter 336 COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads; authority.- Page 1 of 1 View Entire Chapter (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 exerdsing the authority granted in this section. History.-s. 49, ch . 29965, 1955. Copyright © 1995·2015 The Florida Legislature. Privacy Statement· Contact Us http://www.leg.state.flus/STATUTES/index.cfrn?App_mode=DispJay _ Statute&Search _ Stri... 8/6/2015 Statutes & Constitution: V iew Statute s: Onlme Sun slune The 2015 Florida Statutes Title XXVI PUBLIC TRANSPORTATION Selectyear: 12015 v l ~ Chapter 336 COUNTY ROAD SYSTEM .t'age 1 ot 1 View Entire Chapter 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 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. 29%5, 1955. Copyright <t> 1995-2015 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.us/ST A TUTES /index.efm? App _ mode=Display _ Statute&Seareh _ Stri ... 8/6/2015 Statutes & Constitution: View Statutes: Online Sunshine The 2015 Florida Statutes Title XXVI PUBUC TRANSPORTATION Select Year: 12015 v i ~ Chapter 336 COUNTY ROAD SYSTEM Page 1 of 1 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 © 1995·2015 The Florida Legislature. Privacy Statement. Contact Us http ://www.leg.state.fl .us/STATUTES/index.cfm?App_IDode=Display_Statute&Search_Sui .. 8/6/2015 PB-1S-011-ABANDONMENT Of RIGHT-Of-WAY 6394 SW 44 Street Site Photographs :/ " ",--., . ----.- PB-15-011-ABANDONMENT Of RIGHT-Of-WAY 6394 SW 44 Street Site Photographs Lightfoot. Marcus From: Sent: To: Cc: Subject: Ricardo Ayala Tuesday, August 04 ,20152 :19 PM lightfoot, Marcus Williams , Dwayne ; Kelly Barket; Martinez, Grizel RE : ROW Abandonment -6394 SW 44 Street Marcus, Public Works is not opposed to the abandonment of this piece of property, but we need to be sure that there are no utilitie s running under that area . We received letters from MDWASD and FPL but the City needs clearance letters from other utility owners that could be in that area. My recommendation is that the property owner needs to contact Sunshine One Call (811), and request a design ticket that will show all the possible utility owners around that area. With the list provided by Sunshine, she can request clearance letters from all the possible utilities so we can be sure that we are not impacting anybody by giving this area to the private owner. Please let me know if you have any questions . Thanks, Ricardo A. Ayala, P.E. City of South Miami Capital Improvement Project Manager Pub lic Works and Engineeri ng De partment Email : RAyala@SouthMiamiFL.gov Main : (305) .403-2063 Fa x: (305) 668-7208 Di rect: (305) 403-2072 Mobile : (305) 796-5 944 4795 SW 75 Avenue Miami, FL 33155 From: Lightfoot, Marcus Sent: Tuesday, August 04,201511:41 AM To: Ricardo Ayala Cc: Williams, Dwayne Subject: ROW Abandonment -6394 SW 44 Street Ricardo , Please take a look at the attached files and let me know if you are ok with the city abandoning the subject property in front of the property located at 6394 SW.44 Street. The Folio for the property is: 09-4024-030-1170 . Regards , Marcus W. lightfoot Zoning Review Coordinator City of South Miami Plann ing and Zon ing Department 6130 Sunset Drive South . Miami , FL 33143 Telephone : 305 .663.6331 Fax : 305 .666.4591 Emai l: mlightfoot@southm iamifl .gov Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e-mail communicatio ns may therefore be subject to public disclosure. 2 *~. .... .... ~ "" "' ~ '1>.;;,- /~. NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S SEAL D REVISED: ~ il 'ii'" • ~'ii • 0"' ~ ~ ~"-i: ~~ \:~ ~I~ ~~ " Zz ~I~ t~ ~ " .. al·l51 ~~ r~ I ~~ 0", I g~ ~" " ~~ ~ ~ 169.87' fca:M) RCMAIND8? OF LOT 10 BLOCK 11 ~~ 0> '-) , ~:~ i ABBREVIATIONS: • . , SVIK"SIDEV'ALK. GSS"GONCRrn eLOCK STRUCTURE. CLF~GHAl~INK FENCE. PL:PRQPERTY LINE. QUE"DAA.INAGE UTILrT'I EASEM ENT. IP"IRON Plt'~ F_FOUND. AlC"AIR CONOITIONER PAD. PIC=PROPERTY CORNER. -DRILlED HOLE. WF=VlOODEN FENCE. RES=RES1DENCE. CL-CLEAR. RB=REBJ.."!. UE=UTILfTY EASEMENT. CONG-CONCRETE SLA!l. Ri"W'RiGliT OF WA.'1. DE"DRAll.<AGE EASEMENT. CIl=CE~ LINE. O"DlAMTER. TYP=TYPIC;._ . . M=MEASURED. R=RECORDED. ENCR:ENCROACHMENT. COMP"CO ?UTER.A5H=AS?HALT. NID"NAIL & DISC S=SET. FEE=FINISH FLOOR ELEVATION. . I . v.M= TERMETER ELEVATION BASED ON LOC. # CBM# ELV TYPE OF SURVEY: B<?UNDARY SURVEY SURVEYOR'S NOTES· 1) OVvNERSHIP SUBJECT TO OPINION OF TITLE. 2) NOT VALID VVlTHOUT THE SIGNATUR-: AND RAIS.ED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) THE SURVEY DEPICTED HERE IS NOT -COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. ~) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETlG VERTICAL DATUt;.)_OF 1929. 7) OWNERSHIP OF FENCES ARE. UNKNOWN. 8) THERE MAY BE ADQITIONAI. RESlRlCTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF TH!S COUNTY. '='1 CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN VVORK FOR BUILDING AND ZONIN I3 INFORMATION. 1 0) EXAMIf~ATION OF THE ABSTRACT OF TITLE Vv1LL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY,AFFECTING THIS PROPERTY. BEARINGS VALUE Additions or d~letions to survey maps or reports by other than the signing party or parties is prohibited withDut written consent of the signing party or parties. 6 LOCATION SKETCH SCALE: NTS Folio #: 09-4024-030-1170 30-4024-016-0141 o Certified To: Victor M, Yanes and Eleanor Yanes, husband and Wife; First American Title Insurance CompanYj Isis Valle, P ,A, Legal Description: Lot 11, and the Westerly 2.0q feet of Lot 10, in Block 11, of BIRD ROAD ESTATES, according to the Plat thereot as recorded in Plat Book 19, at Page 76, of the Public Records of Mlami- Dade County, Florida; Together with, the Parcel described as: That tract of land lying between Coral Lake and the above described Lots and being more particularly described as follows, to wit: Commencing at the NW corner of the East % of the East}S of the SW X of the NW}li of Section 24, Township 54 South, Range 40 Eastj thence tun East along the North line. of the South % of the NW % of Section 24, Township 54 South, Range 40 -East, for a distance of 362.60 feet to the point of beginning of the tract of land hereinafter describedj thence run South along a line 25 feet Easterly from and parallel to the Westerly line of the SE X of the NW % of Section 24, Township 54 South, Range 40 East, a distance of 89 feet, more or less, to the waters edge of Coral Lakei thence run Easterly meandering the waters edge of Coral Lake to the Ppint of Intersection of said waters edge with a line parallel to and 133.06 feet Easterly from said Westerly line .of the SE X of the NW % of Section 24; thence run North along said line 133.06 feet Easterly of and parallel to the Westerly line of the SE % of the NW X of said Section 24, for a distance of 87 feet, more or less, to the point of Intersection of last mentioned course with said North Line of the South J4 of the NW·% of Section 24; thence West along said North line of the SW % of the NW X of Section 24, for a distance of 108.06 feet to the Point of Beginning. 1 HEREBY CERTIFY Thai the survey represented thereon meets the minimum techn ical requirements adopled by the STATE OF FLORIDA Board of Land SwrveYDrs pursuant to Section 472.027 Florida Statutes. There are no encroachments, overlaps, easements appee.ring on the pial or visible easements other than as shown hereon. lt~~~ AD1S N. NUNEZ REGISTERED LAND STATE I I BLANCO SURVEYORS INC. Engineers' Land Surveyor.; • Planners' LB # 0007059 555 NORTH SHORE DRIVE MIAMI BE.oI:CH, FL 33141 (305) 865-1200 Email: bloncosurve.yolslnc@yohoo.com Fax: (305)865-781 • ... ...,. ~ .... '" ! "" .., ~ ~.:e.. *. ~ ~ ~~ ~~ ~- ~~ ::.;.: ~ ! ij: 5~ t~ • "~ • ~~ ~ ~~ • ~ <:. • ABBREVIATIONS; n~ II!~~ ~I~ ~I~ ~I~ i ~:; I ~; ~ ______ ~i?1 ___ L_ leuT fCMtl I I I I REMAINDER OF LOT 10 BLOCK 11 SV\I(%SIDEW'lLK. CBS'-CONCRETE BLOCK STRUCruRE. CLF-tHAIN LINK FENCE. Pl=PROPERTY LINE. DUE=DRAINAGE lITH.!lY EASEM Eh'T. IP=IRON PIPE F~FOUND, AlC-=AIR CONOmONER PAD, PJC~PROPERTY CORNER. DJI-I..oRILLED HOLE. W'l'zW)ODEN FENCE. RES~RE5IDENCE, CL-ClEAR, RB>-REBAf"< Ue-tlTILITY EASEMENT, CONC"CQNCRETE SlAB. Rl'VY=RIGHT OF WAY. DE=DRAIIiAGE EASEMENT. CIL=CENlER LINE. O=DIAMTER. TY'P=TYi'ICA' •. M<MEASUREO. R=RECOROED. ENCR=ENCROACHMENT. COMP=COMPUTER, ASH=ASPHALT. HID-NAIL &. DISC. S=SET. FEE"FINISH FLOOR ELEVATION, Ih~~~~~;;::::1--~~~&~'~' i·1 ~,~.~~I ~1~.~i~.~I,~~;. ;'~ '''':E~L~iE~''~'AT~;'~OIN BASED ON LOC. # NOT VALID UNLESS CBM# ELY. TYPE OF SURVEY: B!?UNDARY SURVEY SURVEYOR'S SEAL SURVEYOR-S NOTES, 1) O_ERSHIP SUBJECT TO OPINION OF T1TLE. 2) NOT VALID WIT1HOUT T1HE SIGNATUR' -;:r rn-COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. 5) [iUJ AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) THE SURVEY DEPICTED HERE IS NOT UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM._OF 19:29. 7) OVVNERSHIP OF FENCES ARE UNKNOWN. 8) THERE MAY BE; ADQITIONAI. RESTRICTIONS NOTSHOVVN ON THIS 5URVEYTHATMAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNn'. 9) CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN V'JORK FOR BUILDING AND ZONINS ItREvi,s,-c;:---------t INFORMATION. 10) EXAMiNATION OF THE ABSTRACT OF TITLE VIIlLL HAVE TO BE MAOE TO DETERMINE RECORDED INSTRUMENTS, IF ANY,AFFECTING THIS PROPERTY. Additions or dl;lletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. BEARINGS ARE REFERRED TO VALUE LOCATION SKETCH SCALE: NTS S,W.64th AVENUE ,-- Folio #: 09-4024-030-1170 30·4024-016-0141 0> I 1~ 'i !; I Certified To: Victor M. Yanes and Eleanor Yanes, husband and wife; First American Title Insurance Company; Isis Valle, P.A, legal Description: Lot 11, and the Westerly 2,00 feet of Lot 10, in Block 11, of BIRD ROAD ESTATES, according to the Plat thereof, as recorded in Plat Book 19, at Page 76, of the Public Records of Miami- Dade County, Florida; Together with, the Parcel described as: That tract of land lying between Coral Lake and the above described Lots and being more particularly described as follows, to wit: Commencing at the NW corner of the East}oS, of the East}} of the SW X of the NW X of Section 24, Township 54 South, Range 40 East; thence run East along the North nne ofthe South Y2 ofthe NW % of Sectiom 24, Township 54 South, Range 40 East, for a distance of 362.60 feet to the point of beginning of the tract of land hereinafter described; thence run South along a line 25 feet Easterly from and parallel to the Westerly line of the SE X of the NW X of Section 24, Township 54 South, Range 40 East, a distance of 89 feet, more or less, to the waters edge of Coral Lake; thence run Easterly meandering the waters edge of Coral Lake to the Point of Intersection of said waters edge with a line parallel to and 133,06 feet Easterly from said Westerly line of the SE X of the NW % of Section 24; thence run North along said line 133.06 feet Easterly of and parallel to the Westerly line of the SE"J.{ of the NW % of saId Section 24, for a distance of 87 feet, more or less, to the point of intersection of-last mentioned course with said North line of the South X of the NW X of Section 24; thence West along said North line of the SW %. ofthe NW X of Section 24, for a distance of 108.06 feet to the Point of Beginning. represented II ~;::~-;~~,~ ~:~k~~;:;~~;ii~~~~1 requirements I Board of Land to Section 472.027 Florida are no em::roachments. overiaps, easements appearirlg on tile plat or visible easements other tlian "'howeh"'" ~ ..ei~~ ADIS N. NUNEZ REGISTERED LAND SURVEYOR STATE OF FLORIDA #5924 BLANCO SURVEYORS INC. Engineers' Land Surveyors' Planners' LB # 0007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL 33141 ll..--~ 0' ~ C) .- ~ ~ c: -, Ii) ~ '-~ ....... at-.~ ~ V ~ (:) .... Yl '-... ... ~ :71 ~ ~~ '--...... es o SKETCH TO ACCOMPANY LEGAL DESCRIPTION . I THIS IS NOT A BOUNDARY SURVE Y o I 10 , 20 , 1 Inch -20 f~ ! SW 44th ST REET ~-~--------------------- + , I W ' ~I ~i ;1;' s:1 (/), I , I , + , 1 25.00' R=83.00' L=86.86' IF59"57'30' LOT 11, BLOCK 11 R=83.00' L=47.80' IF32"59'59" SOOlH UNE Of LOT 11 , BL OCK II P.O.B. 32.95' - Q' ::-:- ~ ~~ <0 ~ z~ =:1 m ~O V> _ L5 g "G' ::c.- ~ N CO 40 I b a .,; N G 0 Qj o" -.... 0 -.J ,. ---41t----------:-----'-----'--~r--- SW. 44th STRE ET 106.07' A DDRESS: (VACANT LOT) Folio: 09-4024-030-1170 Sw. 44th S TREET & S w. 64th A VENUE MIAMI, FLORIOA MOT VoUl UNlSS DIICJS!ID .111 SURVEYOR'S SEAL ",>0<:1 ... _ .............. , ...... "It,,.,..· ~ .. " ... "" , EXHIBIT "A" LEGAL DESCRIPTION : Having for a Point of Beginning the Northeast corner of Lot 1" Block 11 of "BIRO ROAD ESTATES" as re corded in Plat Book 19, at Page 76, of the Public Records of Miami-Dade County, Florida; then c e run West along the prolongation o f the North line of Lot 10, Block lIof the afore mentioned Subdivision for a distance of 32.95 feel to a point of tangency of a circular curve concave to the Southeast; thence run Westerly, Southwesterly and Souther ly along the arc of said curve having for its elements a 73.64 feet radius and a central angle of 89'36'07" for a distance of 11 5 .61 feet to a point, said point lying 25.00 feel East of intersection of the centerline of SW. 44th Street and the centerline of SW. 64th Avenue; thence run Northeasterly along the arc of a circular concave to the Northwest having for its elements a radius of 83.00 feel and a central angle of 32'59'59" for on arc distance of 47.80 feet to the point of reversed curve; thence contin ue Northeasterly and Easterly along t h e arc of said curve concave to the Southeast having for elements a 83.00 feel radius, a central angle of 59'57'30" for an arc distance of 86.86 feel to Point of Beginning . Those last two course Gr e the Westerly property line of said Lot II, Block 11 of the mentioned "BIRD ROAO ESTATES" . Prepared for: Victor Yanes WE NCESLAO OR TEGA ' Oat. Professional Lond Surveyor and Mapper No. 2091 State of florida WENCESLAO ORTEGA PR OFESSIONAL lAN D SU RVEYOR an d MAPPER No. 2 091 STAT E O F F LORI DA. 931 -A S .w. 87th Avenue, MiamI, Florida 33174 Phone: 305 264-7 2 32 FiElD DATE: DATE : SCALE: FI ELD BOOK JOB No. 7/1012015 I' = 20'