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6THE CITY OF PLEASANT LI VING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To : The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Dwayne William s, Planning Director Agenda Item NO':_~6..-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 is described in the attached Exhibit "A" as well as indicated in Figure 1 below. UJ · ~i . ffil ~'41' Sub 'ec t ROW >, R=8JJX]' 5 1 L=86.86 ' ~h S ' .:1 =59"57'JQ~ (; k. ~. ~I ~~ "! ti l:l G Ul , ~~ Iii I 1.0 f II, BLOCK /I v('j g >--;( ,- I R:8 J.OO' " " ·L=41.80' '" ~ , tJ",J2'59'59 ~ + Ji)"1I 'lI' 1 2S.0:)" SOU_=WIII'III.OCJ: 1I ~ ( -----i" -_.- SW. 44th STREE T 106.07' Figure 1: Location of Subject ROW ANALYSIS: The right-of-way abandonment process is set forth in Florida Statutes 336.09 through 336 .12. This procedure requires approval by the City Commission after a public hearing . After conducting a field inspection, it was found that the site is currently vacant with a low concrete 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 L 28 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. 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 quit claim any right ofthe City and the public in and to any land in connection therewith; and WHEREAS, the City Engineer, recommended the vacating of that portion of unimproved right-of-way ofSW 44th Street and SW 64th Avenue, located on the northwest side of the property identified as folio: 09-4024-030-1170 was not serving any public purpose to the City or the public and because, upon its reversion to the adjacent property owners, it would constitute additional tax revenues to the City; and WHEREAS, at the August II, 20lS Planning Board meeting, and following a public hearing, the Board reviewed application PB-IS-O II and voted 6 ayes, 0 nays to recommended approval of the request for a special use to vacate and abandon; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The abandoned and unimproved right of way known as the portion of unimproved right-of-way of SW 44th Street and SW 64 th Avenue, located on the northwest side of the property identified as folio: 09-4024-030-1170 and is more fully and legally described in the attached Exhibit "A" is hereby vacated, abandoned, discontinued and closed, subject to the following conditions: The square footage in the easement area to be quit-claimed by the City to the applicant/owners shall not be used towards calculation of building density, impervious coverage, or footprint of the structures and improvements on the lot abutting the property to be vacated. It may, however, be used in determining yards and setbacks between structures and rights-of-way and property lines. The City hereby renounces any right of the City, and of the public, to the property described in the attached Exhibit "A" and hereby quit claims ownership in said property, to the abutting property owners of the immediately adjacent property. The property owner shall payor advance the costs associated with the abandonment of this property, including costs of all publication concerning this ordinance and the cost of recording of this ordinance, all attachments thereto and the proof of publication. Section 2. Notice, Notice of the adoption of this Ordinance by the Commission shall be published one time, following its adoption, in one issue of a newspaper of general circulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 published in Miami-Dade County. The proof of publication of the notice of public hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of such Ordinance shall be recorded in the deed records of Miami-Dade County. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance shall become effective upon enactment after second reading and public hearing. PASSED AND ADOPTED this ___ day of, _______ , 2015. ATTEST: CITY CLERK 1 st Reading: 2 nd Reading: 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: n ) ADA Coordination Agenda Coordination Animal Services Ar/ in Public Places Audit ~nd Management Services Aviation Duildlng Building Code Compliance Busines~ Development ,pital Improvements Construction COOiclination Citizens' IndependentTranspol1atioil Trust Commission on Ethics and Public TruSt Commlillication~ Communit)· Action AgenCi' Community & Economic Development Communi!}' Relations Consumer Services COlrections & Rehahilitation Cultural AflilirS Elections Emergency Management Emplo}'ee Relations Empowerment Trust Enterprise Technology Selvices Environmental Resources Milnagement Filir Employment Practices Finance Fire Rl;!scuc Genelal Servjces .. '\dministration Historic Preservation HOllleless Trust Housing Agenc)' HOll~illg Finance Authority Human Services Indepemlent Review P<tnel Internatioll.ll Trade Consortium Juvenile A~sesSlllent (Coler Medic.:rl Examiner Metro-Miami Aclion Plan Metropolitan PI.:rnning Organization Park ilnd ReCf£'<ltion Planning and loning Police Procurement ,IVlanagelllenl Propel t)' Appraiser Public librar~' S}'~teln Public Worl(5 Safe Neighborhood P,lrk5 Seaport Solid Wilste Manilgement Stralegic BusinEss Management Team M .. tro Tr~n<.it :k FOlce on Urban Econumic Rel'italiz.ltion ViZC,1ya Museum And Gardens Willer & Sewer Moami-Dade Wal .. · and Sewe, Department P. 0, Box 3303'16 0 3575 S. Lejeune Road Miami, Florida 33233-0316 T 305-665-7471 April 27, 2015 Re: Victor AI. Yanes {md Eleonor Yanes 6394 SW 44t", STREET Miami, Florida 33155 6394 SW 44th. STREET Miami, Florida 33155 LOT ll,and the WESTERLY 2.00feetofLOT 10, BLOCK 11 of "BlRD lWAD EST4TES SUBDIVISION", acordillg miamidade.gov l(.} tfle IJlap Of' plat thereof as recorded in Plat Bo-ok 19 at Page ~/6j !.~l'ttr.;~· P'Ublic Recol'd,y of R1ianli-I}(uh CONiny l!iorida. Dears: Victor IVl Y{f.nes and Eleanor 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 you. Respectfully Yours, (1. ._.--! ; I ,j,. Qr~)~( ~:~~:Jia', P.~/~~\,Q \) Manager Plans Review Section SAG/MC/MJG cc: file (I) ~ . > e--,,-2"----i----\ (~ (10110\ \ 1)' '( ";--., ,,2" I - s (I) .. [ SW 43 ST N 2" SW 44 SW 42 TER W A TEl{ lfb.A:Si .. -8"--,~,·,>_'\--'l (I), . ! 217 1 " 3486 ' Vii i) 698 1 i ' l' '1 -c__ 1 '----__ -/ ,I M 1 \' -r-'-'l---?-~-----T T-- j 2" 1 I SW 43 ST '---I I 847' f 1 1 I N I"-"---l I 700 i 1 I i /--- N '" ~ N '--I j-----·------2"-J L __ J~ __ ./ -2"'--- I 754 1 '1 1 I , 1 ~ =---~:,--2"--::~-==-_ --+tf+--8/~ ,. I, / . 16991 en / " SW 44 ST f---;-2"-----+--< ! N 653 1 4'-' ----I-__ _ ?i N '" s (I) /-', '" /10096\ • \ 1 ' \ . '''-....,._"-,,.< --1 13 i -4'" .. .. -----f I---l 1 i 1 iy ----I / , , / , __ -------J / i..-y / ( 2449 \ 1 ! ". / , '/--'" / 1925 \ I, 1 ) \.._../ tW44ST 4" -t -",-' .-----; r-~--"l -----'l b I I. '1 ----., ; 698 ! I 19 : 1493 I I _ I i 1 , --I'l!ll 11 1 _J i 1513 I I ill ! i l' ,-_,_--..J", '- SW 45 ST ~ 11--2" 4-i B"! r---'-l II 754 ! .: I 1 I I I "'L I, bJ » I, ---,--, 1413 I « \ r- I/l ., 1, "': \' 1 >, ,'" > *" ! (/)! \ / 46 8T ", / r----' 2"-.. I ct:::P 2"\ , (1011~ " I 1 I • 1 ' w "'._/ -__ L 8'" 'r '\; ! -"I : \'-.. .// "', ... ., ..,.. ........ "1 <, ,-, ':~r" ,- ',;, ~:" ~\" J N 1"---~ , I , 191 ('1 1 1 " --.I I L_J ___ _ f-j UN N ill S /~ (I) /10099 ! 2" ,I I -~.ili 1/ '",-j r ~"-------" • L 8" 8" ~-JJ N > -- , g; ,- -'" V> -, , 1.'4 4V " .V '0 ---'---e ,-;:; '~. SW 0,," C1 /:" /'.'" ':~: . 3W ,~ ~: ~ "' ~- !'. f: .~, ,., ~ :?~ '~ ~ -R7-.' J . "'..' i-..V fULlr r~r.i m :;F f1 (/) ." !.C;: tTl ,. "':? -3:: tTl ~ , :AJ >-" ;J> :.;w I,:i-..:a ""3 5: C/) ", S~'V 61 /IV [vlay 1, 2015 Eleanor Yanes 6250 SW 44 Street Miami, FL 33155 Dear Ms Yanes: Florida Power & Light Company, 14250 SW 112 Sl, Miami, FL 33186 Phone: 305-387-6636, Fax:305-387 -6650 With respect to the attached Survey and the proposed Right of Way vacation highlighted thereon. 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. ,-" I Ricl( Ratcliff Engineering Leader FPL South Dade Operations Florida Power & Light Co A NEXTera ENERGY Company City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property Oq· 40.?~'030' 1170 '3q4 .\(.) 1/4 .tlrtti Meets & Bounds: Lot(s) ~ Block ~ Subdivision Bird ~oa,1 PB 19---.l.C. (poJ') Applicant V -[I 'fQnt} Phone: (30S)7Q3· QY&3 I dor i U)(JOt' Representative: Organization: Address: -Phone: - f.fl"d{J Property Owner: Vi c10 r YOMJ • [/((){lor YQfl(j Signature: ~~[)1W Mailing Address: ~A.SO JW '1'-1 sfred Phone: Hi am i fL J31SS OOS)i43·QIJ(d ArchitecUEngineer: Phone: -- A~ APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT Owner _Owner's Representative _Contract to purchase _Option to purchase _TenanULessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM' P~SE CHECK ALL THAT APPLY: -Text Amendment to LDC _Variance _ Letter of intent • _ Zoning Map Amendment ~ Special Use ~ Justifications for change _ PUD Approval _Special Exception ~tatement of hardship , _ PUD Major Change _Other (Waiver of Plat) , Proof of ownership or letter from owner • _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase f.\cftJeJf 10 va call eQ,j'c tT)en~ LCurrent survey (1 original sealed and signed/1 reduced copy @ 11" x 17") , _ 15 copies of Site Plan and Floor Plans 24 X 36", 1 reduced copy @ 11" x 17" _ Affidavit,Receiptsattesting to mail • notices sent Section --Subsection' --Page #: __ Amended Date: /Mailing labels (3 sets) and map. 7ReQuired Fee(s) , de,Lsigned has read this completed application and represents that the information and all submitted materials are true and t to the best of the applicant's knowledge and belief. Vi clot YQnfJIEI{(}oo( Yan{) Print N aJ)Ie i 7 . JJ ·"'/O/S Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other appli"able regulations, Applications found not in compliance will be rejected and retumed to the applicant. ' OFFICE USE 0 ~L Yi Date Filed ~ -z.,!.I1~ Petition Require __ .,-_ Method of Payment Date of PB Hearing alit lIS" Date of Commission ____ _ Petition Accepted,_----- X\Forms\PB Appltcahon for Publtc Heanng (ReVIsed Dec. 2009).doc I I July 23, 2015 City of South Miami Planning & Zoning Dept. 6130 Sunset Drive SouthMiami,FL 33143 Re: Letter of Intent (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). This 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 fmed 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 purcpasing encompassed all the property behind the 4 ft. high cbs wall. We received our new sUrvey a few days before closing and we were shocked to discover that the true property :line runs on a curved line behind the wall. This 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 concrete 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 teariq~ 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 andiwould love to keep the wall and maintain it properly. Victor & Eleanor Yanes / 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 094024-030-1170 111111111111111111111111111111111111111111111 CFN 2015R0159275 OR Bk 29532 f'ss 4628 -4-630; (~:P9S RECORDED 03/1112015 11 '53'08 DEED 00(: TAX 1,800.00 HARVEY RUVIH, CLERK OF COURT MIAMI -DADE COUNTY, FLORIDA This space reserved for recording infonnation WARRANTY DEED THIS INDENTURE, made this 2/11> day of, rnlf~H , 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, ensealing 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 right, 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") SUBJECT TO: (1) 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. Wltne ature A ./J .: -ro IM5 . rll.i'r , . ADALBERTO A. DEL ADO Print Name Print Name STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me tltis 2... day of U .... 'ch 2.Dl~, by ~ALBERTO A. DELGADO, who is personally known to me or who has produced V IL\. ~ 11tL.. drjwr<. b Ct-hM. , as identification. 5w&·3&nE" My C~mrnission E;pjres: i· ... ""\ ~ ~ ~ N~I'ry PublIc Siale of F'orld~ ;> . ". ,.,. Valle ~ i -'-i' '; My Commll,'on EE08B205 ~ .A .,,, e,p"eOOB'OM!015 • "'I!"'!!!I"""II! -2- Delgado-Deed '/ EXHIBIT A' OR BK 29532 PG 4630 LAST 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 comer of the East 1/2 of the East 112 of the SW 1/4 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-l/4 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 1/4 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 1/4 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 114 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 114 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 - Delgado-Deed 2) li::1LUlC:::' 0::, LUU:::'ULUliUll . v lCW 0 LCilUlC:::' . VllllllC 0Ul1:::':UUIC The 2015 Florida Statutes Title XXVI PUBLIC TRANSPORTATION Select Year: 12015 vi ~ Chapter 336 COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads; authority.- ragc 1 Ul 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 exercising 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.fl.us/STATUTES/index.cfm?App _ mode=DispJay _ Statute&Search_ Stri... 8/612015 Statutes & LonstltutlOn :Vlew Statutes: Online Sunshine The 2015 Florida Statutes Title XXVI PUBLIC TRANSPORTATION Select Year: 12015 vl~ Chapter 336 COUNTY ROAD SYSTEM Page 1 of 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. Hi.tory.-s. 50, ch. 29965, 1955. Copyright © 1995·2015 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.lls/STATUTES/index.cfm?App _ mode=DispJay _ Statute&Search _ Stri... 8/6/2015 The 2015 Florida Statutes Title XXVI PUBLIC TRANSPORTATION Select Year: 12015 vi [B Chapter 336 COUNTY ROAD SYSTEM .r (1~1; 1 UI 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.f1.lls/STATUTES/index.cfm?App _ mode=Display _ Statute&Search _ Stri... 8/6/2015 ) PB -1S-0 11 -ABANDONMEN T OF RI GHT-O F-WAY 6394 SW 44 Street Site Photographs . . . PB-1S-011 -ABANDONMENT Of RIGHT-Of-WAY 6394 SW44 Street Site Photographs ) Lightfoot. Marcus From: ~ent: To: Cc: Subject: Ricardo Ayala Tuesday, August 04, 2015 2: 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 utilities 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 Public Works and Engineering Department Email: RAyala@SouthMiamiFL.gov Main: (305) 403-2063 Fax: (305) 668-7208 Direct: (305) 403-2072 Mobile: (305) 796-5944 4795 SW 75 Avenue Miami, FL 33155 From: Lightfoot, Marcus Sent: Tuesday, August 04, 201S 11:41 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 Planning and Zoning Department 6130 Sunset Drive South, Miami, FL 33143 Telephone: 305.663.6331 Fax: 305.666.4591 Email: mlightfoot@southmiamin.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 communications may therefore be subject to public disclosure. 2 4f~~. ~ .... .... ~ .. .., ~ I I ; 1 ~ ~ ~ ~~ > ~>;: • • gD ~: ~ ~i:l :~ I:~ .,'" Zz t~ .. " ... e ~'" :~ 'S. '. ~~ ~ ~ tb t i ~8~ til .~ i • ~I~ ~I~ a:·I~ I I 169.87 fC&M) ~b ~; ::: REMAINDER OF LOT 10 BLOCK 11 """,} ~ ~ ~~ ~~ ) ABBREVIATIONS: " . SV'>K"SIDEV\II'.LK. CBS"'CDNCRETE ELDCK STRUCTIJRE. CLF-CHA1~INK FENCE. PL"PRDPERn-UNE. QUE"OR}.oINAGE LITIUn-EASEM ENT. IP"IRON PI;oE F.FOUND. AlC"AIR CONDITIONER PAD. PIC=PROPERT'f CORNER. H"ORILLED HOLE, WF:VlQODEN FENCE. RES=RESIDENCE. CL-CLEAR. RB""REaJ.,P. UE:UT!LlTY EASEMENT. CONC"CONCRETE SLAB. Rl"W"RIGHT OF WAY. OE"DIlAINAGE EASEMENT. ClL.oCENlER LINE, O:OIAMTER. TYP:TYPIC,:. • ",.MEASURED. R~RECORDEO. ENCR"ENCROACHMENT. COMP:CD PUTER. ASH:ASPHALT. NID"NAIL & DISC. S=SET. FEE2F,NISH FLOOR ELEV.~TI0N: OJS'OFFSET.P/P"POV\oERPOLE, OHP"DVERHEAOPOv..ERLlNE. 'i'No" TER METER Folio #: 09-4024-030-1170 30-4024-016-0141 LOCATION SKETCH SCALE: NTS s.w. 64th AVENUE i-- I I I 1~ o "' It I~ Iffi I Certified To: Victor M. Yanes and Elea!lor Yanes, husband and wife; First Amer,ican Title Insurance Company; Isis Valle, P .A . Legal Description: Lot 11, and the Westerly 2.0q feet ot"Lot 10, in Block 11, of BIRD ROAD ESTATES~ according to the Plat thereat as recorded in Plat Book 19, at Page 76, of the Public Records of Miami- Dade County, Florida; Together with, the Parcel describe,d-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 ]4 of the SW X of the NW y,; of Section 24, Township 54 South, Range 40 East; thence run East along the North line. of the South % of the NW % of Section 24, Township 54 South, Range 40 East, for a distance of 362,60feet to the point of beginning of the tract of land hereinafter described; thence run.5outh along a line 25 feet Easterly from and parallel to the Westerly line of the SE }{ of the NW X of Section 24, Township 54 South, Range 40 East, a di~tance 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 Hne 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 % of the NW x 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, ~"'''''''''''''''''''''''''''''''''''I~' ~rgi~~.~~.I: .. ~., .. ,~.,.! .... ,I ... }, .. :.-.,1' .. //'."':.1 NOT VAliD UNLESS EMBOSSED WITH MAINTENANCE 8. DRAINAGE EASEMENT" M & D.E ELEVATION BASED ON LOC. # P= ___ IIliIIIi!III!!IIIIII!IIIIIIii!iilllliilllilllliliillllllll __ IIIIIIII __ III!!!II!!!8_ilB __ IIIII"!!!II1!l!I!1II CBM# ELY. TYPE OF SURVEY: BOUNDARy SURVEY S!~CE 1987 SURVEYOR'S SEAL [IUJ SURVEYOR'S NOTES· 1) OIfoll\,!ERSHIP SUBJECT TO OPINION OFT!TLE. 2) NOT VALID WITHOUT THE SIGNATUR-;: AND RAISED 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 GEODETIC VERTICAL DATUM_OF 1929. 7) OVVNERSHIP OF FENCES ARE. UNKNOVVN, 8) THERE MAY BE; ADQrTlONA:, RESlRICTIONs NOT SH.OVV'N ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 'fl CONTACT THE APPROPRIATE AUTHORITI PRIOR TO ANY DESIGN \NORK FOR BUILDING AND ZONlNo'.' t-~--~--------1 INFORMATION. 10) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS. IF ANY. AFFECTING THIS PROPERTY. REVISED: Additions or deletions to survey maps or reports by other than the signing party or parties is probibited without written consent of the signing party or parties. BEARINGS Vl/HEN SHOVV'N ARE REFERRED TOAN ASSUMED VALUE OF SAID PEl· 19 PAGE 76 1 HEREBY CERTIFY That the survey represented thereoll meets the minimum technical requirements BL.J\NCO SuRVEYORS INC. adD~led by the STATE OF FLORIDA Board of Land Swrveyors pursuanl to Section 472.027 Florida Statutes. There: are no encroachments. overlaps. easement? appearing on the pial or visible easements other than as shown hereon. Jti~~ ADIS N NUNEZ REGISTERED LAND SURVEYOR STATE OF FLORIDA #5924 Engineers' Land Surveyors. Planners' LB # 0007059 555 NO~TH SHORE DRIVE MIAMI BEA·CH, FL 33141 (305) 865-1200 Erne!!: blancosuveyorsinc@yohoo.com Fax: (305)865-781 FLOOD ZONE: AH SUFFIX: .L PP.NEL: 045.6 COMMUNITY # DATE. 9/U/09 BASE 9' 120658 OATE: ISCALE: D'I'.tl. BY. pOS No 2/19/15 11" <" 3 O,-'_-,~F'_"iO"_" __ .. I.· ..;,,' ;1;.5- m 2;,3,;;2;"R_ .... __ _ • ........ .... ~ :.. .. ~ ", ~ "' .... *. ~ ~ r t ~ 'llil ,,~ , ~~ > 1II~;.t ~, . 11 • 5i ~'i) -, ~I~ t;, tS t:!: ~!~ .. ~ .. ~ &)& ~~ ., ~~ ~"), cC ~. R~ ~ '-" ~ , leUT fc.tll l I RCMAIND£R OF LOT 10 I BLOCK 11 I I ABBREVIATIONS: SVI.K"SlDEwo,LK. CBS~CONCRETE BLOCK STRUCTURE, CLF=C!-WN LINK FENCE. Pl=PROPERTY LINE. DUE~MINAGE trTlLfTl' EASEM ENT lP=lR(lN PI<'O. F~FOUND ..... C,.,.,IR CONomONER PAD. PIC=PROPERlY CORNER, OIH'OQRllLEO HOLE. W'F=VIOOOEN FENCE. RES-RESIDENCE, CL-CLEAR. RB=REBMi UEztJTlLITV EASEMENT. CONC2CONCRETE ~tAB_ RJW:RIGHT OF """'Y, DE~DRAINAGE EASEMENT. ell-CENTER LINE, O"D~TFR, 1YP=TY~)CJ>.: .. . ~MEAsURED. R_RECDRDED. ENCR:ENCROACHMENT. CDMP·COMPUTER. ASH:ASPH1\l..T. N~NAIL '" DISC. S:SEi. FEE:..FJNISH FLOOR ELEVATlON. FoliO #: 09-4024'{)30-1170 30-4024-016·0141 LOCATION SKETCH SCALE: NTS 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 %. of the East 1h of the SW % of the NW X of Section 24, Township S4 South, Range 40 East; thence run East along the North line of the South}S. of the NWX of Sectior1l 24, Township S4 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 Yo! 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 % 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 Y4 of the NW 14 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 Y4 of Section 24; thence West along said North line ofthe SW}oS of the NW % of Section 24, for a distance of 108.06 feet to the Point of Beginning. NOT VALID UNLESS EWIElOSSED SURVEYOR'S SEAL I I .• 1 •• 'I ELEVATION BASED DN LOC. # 1~~III~~--"----"---------~~~~ _____ lIIIIIlIIIIlIIIt GBM# ELY. TYPE OF SURVEY; BOUNDARY SURVEY I CERTlH That the survey represented IUJ SURVEYOR'S NOTES: 1) OWNERSHIP 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 15 NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVAllONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 7) OVv'NERSHIP OF FENCES ARE UNKNOVVN. 8) THERE MAY BE ADDITIONAl. RESTRICTIONS NOT SHO\r\rN ON mlS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. ':!} CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN 'NaRK FOR BUILDING AND ZONINS II-c:-:: __ ---------.. INFORMATION. 10) EXAMINATION OF THE ABSTRACT Of TITLE YVlLL HAVE TO BE MADE TO DETERMINE RECORDED REVISED: INSTRUMENTS.IFANY,.AFFECTINGTHISPROPERlY. Additions or d.eletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the sign..ibg party or parties. WHEN 76 ,:,"'"t~!t~~i~~"2technical requirements BLANCO SuRVEYORS INC. OF FLORIDA Board of land pursuant to Section 472.027 Florida There are no encroachments. over1a.ps. easements apl'earing OJ] the plat or visible easements otherthaJ] ~s shown hereon. . Engineers' Land Surveyors. Planners' LB # 0007059 555 NORTH SHORE DRIVE ~ -~ CJ '-" -j " "<::S ~ <: ., '» "'-' '-::> '>A. Ot-~ c: ,~ '~ v " . ..., Q 51 -,.. '-"" 4~ <:... J~' ~ S-' J <;J... "" '-;:;, -; -' SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A BOUNDARY SURVEY 01020 40 ~I ~5' iiiiiiiiiiil'~~~1 1 inch = 20 ft. ~+ _____ SYV' 44!h ST~EET ________ _ , + , 1 W' ~I >, ~I '<1", ;1 1/), 1 , 1 , + R=8J.OO' L=86,86 , 11=59'57'30" LOT 11, BLOCK 11 R=83.00' L=47.80' 11=32'59'59" , SOUTH UNE OF LOT 11, BLOCK 11 ~ JL ~5,OO' ~~ ____________________________ ~ __ ~! ____ ~ Sw. 44th STREET 106.07' '_"~."""'\''''''' ,. ," ."""'_ ..... , ,,;,or.»' , ,~" '" '" ADDRESS: (VACANT LOT) Folio: 09-4024-030-1170 Sw. 44th STREET & Sw. 64th A VENUE MIAMI, FLORIDA b o "' N 1101 VH.[I tKm DIIDS9 W1H SURVEYOR'S SEAL LEGAL DESCRIPTION: Having for a Point of Beginning the Northeast corner of Lot 11, Block 11 of "BIRD ROAD ESTATES" as recorded in Plat Book 19, at Page 76, of the Public Records of Miami-Dade County. Florida; thence run West along the prolongation of the North line of Lot 10, Block l10f the afore men tioned Subdivision for a distance of 32.95 feet to a point of tangency of a circular curve concave to the Southeast; thence run Westerly. Southwesterly and Southerly 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 115.61 feet to a point, said point lying 25.00 feet East of intersection of the centerline of SW. 44th Street and the centerline of SW. 64th Avenue; thence run Northeasterly along the arc of 0 circular concave to the Northwest having for its elements a radius of 83.00 feet and a central angle of 32'59'59" for an arc distance of 47.80 feet to the point of reversed curve; thence continue Northeasterly and Easterly along the orc of said curve concave to the Southeast having for elements a 83.00 feet radius, a central angle of 59'57'30 n for an arc distance of 86.86 feet to Point of Beginning. Those last two course are the Westerly property line of said Lot ", Block 11 of the mentioned "BIRD ROAD ESTATES". Prepared for: Victor Yanes WENCESLAO ORTEGA PROFESSIONAL LAND SURVEYOR and MAPPER No. 2091 STATE OF FLORIDA, ft/~~ 4~./ 931~A S.w'S7thAvenlle,Miami,Florida33174 ~~ __________ ~-L __ 7~~/~~~~~~~~~Ph~O~~~:~3~2~~~7~24~L-____ ~ ______ -4 WENCESLAO ORTEGA • Date FIELD DAtE: DATE: SCALE: FIELD BOOK JOB No. Professional Land Surveyor and Mapper f-----+-cc--,-,-+-=+:.c::-'-'=-'-\~'-"-'''''--l No. 2091 State of Florida 711012015 1" = 20'