Ord No 23-92-1518ORDINANCE NO,23-92-1518
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA ABANDONING THAT ALLEY
COMMONLY KNOWN AS 42ND STREET BIRD ROAD ALLEY AND
LEGALLY DESCRIBED HRRRJNBRLOW;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Commission hasthepowertovacate,
abandon,discontinue and close an existing public or private
street,alley-way,road,highway or other place used for cravex
oranyportionthereof,otherthanastateorfederalhighway,
andto renounce'and disclaim any right of the City and the public
in and to any land in connection therewith;and
WHEREAS,the Administration has recommended the vacating of
that alley commonly known as42nd Street Bird Road Alley and
legally described inthe attached Exhibit *'A",asthe said alley
presently serves no public purpose tothe City and will,upon
its reversion to the adjacent property owners,constitute
additional ad valorem tax revenues to the City;and
WHEREAS,therefore,on July 28,1992,a public hearing was
set fur September 1,1992 at 7:30 P.M.or as soon thereafter as
may be heard and notice thereof was published in u newspaper of
general circulation in Dade County at least two weeks prior to
the date stated therein for such hearing;and
WHEREAS,the City Commission has now completed the public
hearing;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section,1.That the alley commonly known as 42nd Street
Bird Road Alley and legally dftscribed in the attached Exhibit "A"
-A
within the City of South Miami be,and the same hereby is,
abandoned,renounced,and disclaimed by the City of South Miami
and shall,pursuant to the plat creating that alley,revetL Lo
the ownership of the immediately adjacent properties.
Section 2.Notice ofthe adoption of this Ordinance bythe
Commission shall be published one time,within 30 days following
its adoption,in one issue of a newspaper of general circulation
published in Dade County.The proof of publication of notice of
public hearing,the Ordinance as adopted,and the proof of
publication of the notice of the adoption of such Ordinance shall
be racnrdnd in the deed records of Dade County.
Section..?...If any section,clause,sentence,or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent lurisdiction,then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
SMetl.gn_4...AllOrdinancesorpartsof Ordinances in
conflict herewith be and the same are hereby repealed.
Section.5^This Ordinance shall take effect immediately at
thetimeofitspassage.
PASSED AND ADOPTED this 5 th day of October,1992.
CI'nTCLERK
READ AND APPROVED ASTO FORM
CITY ATTORNEY ""/
APPROVED:
MAYOR f
alleyway,it remains "a public thoroughfare that is basically made
only for private use".
Mr.Parr,with regard to PB-92-008,made a motion to approve the
requestpertainingtothealleyfrom41stStreetto42ndStreet
which runs to the west and parallel to SW 57th Avenue,excluding
the portion from 41st Street to Bird Road.Seconded by Ms.Wright.
Vote:ApDroved:5 Opposed:1
(Eisenhart)
:e>b—9 2 —oos
Applicant:CityAdministration
Request:Abandonment of alley
PB Minutes 08-11-92
ix.atvoox s.as mobb o
UDIS IX,X2,13,14,BUOCK 3,AS
or oxxd uat X4r
LOT 14 VOB A DtBUKI OF XO.O
un lxms aruDun xs jjb>xo or saxd
A.DUXABO (V SSO.O
or lot is or sxn>
Mr.Parr read the request.This alley runs parallel with 57th
Avenue about 1/2 block west of 57th Avenue between Bird Road and
42ndStreet.Staff recommends approval.
ChairmanGutierrezreadintotherecordaletterfromAnthony F.
Bellomio,D.D.S.,4040ARedRoadin opposition tothisrequest
sayingthatpropertytaxeswillbe increased whichwill,in turn,
increase his rent.Also,thatthesealleywaysgivepublic access
to customers who enter the building through the rear entrance.
Mary L.Matthews and her sister,Elsie Jacobs each wrote letters
opposingthisrequestduetotheheavy pedestrian andvehicular
traffic.
Publichearingopenedwith Mr.RobertHendrix,Attorneysigningin
to represent Ms.Jacobs and Ms.Matthews.Mr.Hendrix asked Staff
iftherewasanyotheraccessto these properties.Mr.Mackey
replied that there is access from three other sides of the
property.Mr.Hendrix said that this building was built in1945
and the alley has been used to service since that time.He stated
thatthisactionwillcreateproblems between neighborsinatthis
site.Inanswerto Mr.Ligamnare's question regarding the
responsibility oftheseptictanks located underthis alley,it
wasdeterminedthatthosepropertyownersareresponsibilefor
them.Mr.Mackey reports that this is platted asa public
thoroughfare which is basically a private alleyinusebyaprivate
property owner.Mr.Hendrix disagrees with this.Mr.Ligammare
noted that he has observed traffic problems when delivery trucks
block the alley.___
Ms.WrightaskedMr.Hendrix what the change wouldbeifthis
alleywaywere to be abandoned.Mr.Hendrix replied that itwould
nolongerbea platted alley and that each property owner could
makeuseuptohis new property line thus blocking the alleyway.
Atthetimethispropertywas purchased and developed,itwasdone
sowiththisalleyinplaceandwiththeexpectationofit
remaining that way.Thelawprovidesforeasementsorrightsof
access between adjoining property owners.This property hasbeen
usedasanalley,an access,for over 20years.There isaquestion
about who has property rights there.If this abandonment is
accomplished,itputstherightsofthepropertyownersin question
withthe possibility ofan appeal tothecircuit courts to
determine exactlywhatthepropertyrightsofowners are.
PB Minutes 08-11-92
Mr.Oscar Rangel,representing Maria Sanchez of 4222 SW 5ist Ave
signed m and expressed her approval of the abandonment.
Attorney David Donet signed in representing the 79th Street Com
speaking against the abandonment of this alleyway due to the dangercreatedbyvehiclesservicingthebusinessesfrom^e streel
?h2a™aleaS«S ln1clude tne requirement that service is rendered fromtherear.He also commented on the large amount of public use of
that alleyway.He believes that Florida law requires that the
?^n£fnCe'-S,ffetJ "*d6Sire °f thB ^lic in Otters such asthesebeconsidered.Mr.Donet questioned the legality of closing
this allevwav if the proDe^i-^own—*n VM—»T£Tfl r^05311^••inherent-right"to pul septic SniTs'inV tha\tTm'e *™m ™
Mr.Eisenhart suggested that the neighboring property owners addUSLrf^^n^°thS resPective properties!How™"?Mr"SSS1?'*1'^,,«?«.Property owners should not have to go to
SSr£MCC°"Pl"*thlS ^hen this is the wa*tnat "«as platted?Tins is the way it was when the previous owner bought it and it
remained this way when the present owner obtained it.Why should
the City of south Miami put these owners in the position of going
to their neighbor to work out legal agreements.
There being no one else to speak either for or aaainst this
In^rde'r^8^1^^i"'"85 ******Close«a«*£c28£^2£in order.Mr.Parr asked if splitting the request in two andaddressingthealleywaynorthof41stStreetseparatelyfromSe
one South was possible,or if the request should be deferred!Mr
rSL„aHV1S8d th,at the B°ard is emP^ered to make a motion torecommendapproval,recommend denial or recommend approval withconditionswhichshouldbeintheformofarecommendation!Such
the a™?^a^%n0t bin5lng.°n *"•aPPlicant,nor do Sey preventtheapplicantfromcontinuingtotheCityCommission.
^'J^i?7 *^ati?«»*«»•Portion of the Dade County code relatingtoplattingisclearthatthevocationofanyalleyorstreetmust
n«2°lnHd in by a11 ^e ad^ac«nt property owners.particularly !ncaseswhereconstructiveuseisoveralongperiodoftimeSuch
£JSZf?m£xV'+1lrm.Lefley *»"•«•that this item is improperlybroughtbytheCitywithoutsecuringtheapprovalorthewaivlrof
21^222 ST*^'^80'"Mr.Parr's request is honoredTtoenthisrequesthasbeenimproperlyadvertised.
JS^^i**-'^5hat S?aff has not informed the Board or may not™™J£™in*orBed b*city J"to>inistration of complete informationregardingthisrequest.Thus,the Board is not able to do their
com»erciaiSprSpert?esbeCaUSe "dt>eS inVOlVe ***"-""til and
Mr.Mackey stated that no matter what use is being made of this
PB Minutes
08-11-92
^B—9 2 —OOS
<5e*Wn V/-Vj^flA^.
08 Bird Road Alley Page l of *
Page i:copy of current survey
io.'c5 nnn
-'iU -o
'08 Bird Road Alley
Page 3 of 6
Page 2:Copyofcurrent survey
DESCRIPTION:Fo-
2.WESTERFIElL
hereof as ;
ic Records .-.
eco:ae<:
IONONEANDTWO
PI-'-Boo,
portion
'cording
'age 47
Beginatthe
on said Plat of
thence Southerly a
Block 2.as shewn
225.35 feet to the «
thence Westerly alon
1me of said Lot !
Southeast cor
Northerlya
at'shown
TWO.
des
Da.eC
cribed as f .i lClWi
'thwes »-~orn-.r
STERFIELD MAN<"
foi
f Lot 1
he
Wc-ster.1,,ext
istir.--of
f a.jii El
the Easter 1
d PI at
distance
WE.'TE
r 125 4 fr-
ty
ito-ot 10;thence East.-rl
NortTh 1:ne of said L-t
Point of Begmn:.-.a
y i i 01
lorid.
18
lore
Blwck 2.as shewn
IONONE AND.TWO
ne <_•?Lot.;11.12 13 <A
•mention*i Plai.a distance of
corner of said Lot 14.Block 2
nsion of the
15.0 feet to
ck 2.thence
'L ^t 15 and 10.^
D M-N0R SECTION ONE AND"
-he Northeast corner
he Easterly extension
,r a^List-ince of 15.0 feet
South
the
Block Z
AND
LEGAL DESCRIPTION:For a st,,n -
Block 3.WESTERFIELD MANOR 4c~
the Plat thereof as record^
the Public Records%^deeCount
t :and lying in
ONONEAND "TWO
Plat B.^ok 18 at
/•Florida.
Begin at the Northwest -Grrr,..,,.
?h*n^dcPlat °f WESTE^^LDMANOR^Pr;^hence Southerly along the West 1,"
(Block 3 as shown on the If 11 *°of 220.0 feet to the sSutS^«~Sri°ne"
corner of lol°^^l^l;^'\^
"st line of said Lots '*L*\:.'"'
on said Plat of WESTERF:£lD MANOR^Fr*distance of220 Q f*>~+.-wnvr oECT
10:th.„e.Ei«irlJ "^[I*NortherNorthUneofs^dLo^'\'*East =riV
the PoJnt of Beg nn:ng^''"*d:sta
a portion of
according to
Page47.of
Bird Road Alley
•Av,Bi°ck 3<a£shown.ON ONEAND TWO:
*Lots 11.12.13.14
1 Plat for a distance
'J fa:d L°t 14;thence
-f the-South ]me of
'-to rhe Southeast
oe Northerly along the
:d Blcck 3.as shown
^ON ONE AND TWO;for a
r corner of said Lot
extension ofthe
nee or10.0feetto
Page 4 of 6
Planning Board Advertisement for PB-92-008
On Tuesaav,August ••
City of Souiti Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
592,3-7:30 P.M
*fsl.swma matter.""""'~i*U=ft Miami wi
m tr.e Commission ~Cnamcers
—Hear::-.a
tne
-.".ancer?~r.«;
-"_•-esaav,Sepcemcer :.,-,s;
~:tv Tcirr:ss:on cf --e r-<-••'-.
~"ie faliowina matters:
-1 -''.I '—•'""~p -^romissicr-w-wn Miami wi..^cnauct -•'••'
Aopiicant:city Administration
Aoanaonment of 5liev<eaues;
""'*•''"'•"»•»»"•nr^iiwiaK
c«».H«,.M*«,WMICN „.colto 1Meuuo.;v;e tt°;;;mo-™*t *——••«—--«-«>-
:::,:"~rr™r^ir:.r.:rr.r:«-••«—
««tlNd OK^IkCO IN WniTIMO MIM TO ON AT T»—«..~„—«•TO ..CO-M...O TO TH.^TV e.HHI„IM —T.V..TH«.2-0 ^l "''~''0 """V""'~«*„*.^ocvco.th,.OA.,,....eo--«*o*T,o/oI L.I «""••"•'"™««»t nt«„it ,«.
INQUIRY.""-"-~""-"'"•REpER TO HEARING NUMBER WHEN MA^NG
PLANNING BOARD
•»«^»•!»«V,It-*.*THIS IS A COURTESY NOTICE
Bird Road Alley
Page 5 of 6
*>-«-»—__
—ma^...dicaumg subject propert ies and mailing area
MAIUIU6 k*€K
APPLICANT://_.J^ii ,
OWNER:'
^PREFERENCE:T^lfc£>^J^J^
A&A»IDo4mcht or Auue'NTS :
CITY 0*
Bird Road Alley
3
HUM**'"PUMMING BOfcRD
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Page 6 of 6