Ord No 33-92-1527ORDINANCE NO. 33 -92 -1527
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY
COMMONLY KNOWN AS 41ST STREET BIRD ROAD ALLEY AND
LEGALLY DESCRIBED HEREINBELOW; 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, the Administration has recommended the vacating of
that alley commonly known as 415t Strccl. Bird Road Alley and
legally described in the attached Exhibit "A", as the said 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, therefore, on July 28, 1992, a public hearing was
set for September 1, 1992 at 7 :30 P.M. or as soon thereafter as
may be heard and notice thereof was published in a newspaper of
genera] circulation in Dade County at least two weeks prior to
the date stated therein for such hearing; and
WHEREAS, Lfic 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.._.. That the alley commonly known as 41st Street
Bird Road Alley and legally described in the attached Exhibit "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 allay, revert to
the ownership of the immediately adjacent properties.
Section..2_ Notice of the adoption of this Ordinance by the
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 recorded in the deed records of Dade County.
Section _3._. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court_ of competent iuri5diction, then said holding shall. in no
way affect the validity of the remaining pozLiuuu of this
Ordinance.
Section 4. All Ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section. 5_. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 1st th day of December 1992
APPROVED:
MAYOR
ATT
ClTr CLERK
READ AND APPROVED AS TO FORM:
CITY n'E "i'ORNEy ski far
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Applicant: City Administration
Request: Abandonment of Alley
ANALYSIS
Staff Report for PB -92 -008
The City Administration wishes to close the alley that is located behind
Allen's Drugs. This public right -of -way does not serve as a regular public
thoroughfare. The property will revert to private ownership.
Staff recommends approval of Administration's request.
PB =92 -008 Bird Road Alley Page 2 of 6
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Page 1: Copy of current survey
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Bird "Road Alley
Page 3 of 6
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Page 3 of 6
Paqe 2: Cop_v of current survev
LEGAL DESCRIPTION: For a srriF o1 lard lying in a portion
of Block 2, WESTERFIELD MANOR EC'TION ONE AND TWO, according
to the Plat thereof as :eco:ae(A Pl,, Boo;: 18 at Page 47
of the Public Records ,:f Da,ie C..,.,ty, Florida, more
particularly described as
Begin at the Northwest corn,_r of ;,ot 11. Block 2, as shown
on said Plat of WESTERFIELD MAN)k -SECTION ONE AND.TWO;
thence Southerly along the West line of Lot.; 11, 12.13. 14,
Bl, -.ck 2, as shown on ti,e af,:,remcntionea Pla':, a distance of
225.35 feet to the Southwest. corner of said Lot 14. Block 2:
thence Westerly along the Wr'ster.lp :,extension of the South
line of said Lot 14, for a .iistar.c of 15.0 feet to the
Southeast corner of Lot 15. of �.;id Black 2. thence
Northerly along the Easters. li;.•: Df L,t 15 and 10, Block
as shown on said Plat 7,1 WE ;-TERF "I'D M.',NOR -SECTION ONE AND
TWO. for a distance of 225.;4 ft?-t to .he N.,rtheast corr:er
of said Lot 10: thence East -rly iiong 'he E,sterly extension
of the North line of said L,t i t r a dist•ince of 15.0 feet
to the Paint of Beginn::,q
AND
NDESCRIPTION: For a strip cf :and lying in a portion of
3. WESTERFIELD MANOR LECTION ONE AND -WO, accc. ing to
thereof as recorded in Plat E.,,Ok 18 at P -e 47, of
the Publ Records of Dade County. Florida.
Begin at the thwest :orn,r ct Lot i_, 1 k 3, as shown
on said Plat of TERFIELD MANORON ONE AND TWO;
thence Southerly N o the West y of Lots 11, 12. 13, 14
(Block 3 as shown on t of re rationed Plat for a distance
of 220.0 feet to the Sou t t corner ,f said Lot 14; thence
Westerly along the Wester erasion .,f the South line of
said Lot 14 for a dist e •:f 1 fee, to the Southeast
corner of Lot 15 of, aid B11ck 0: t� ice Northerly along the
East line of said, °ts 15 and 10 or sa Block 3. as shown
on said Plat of STERFIELD MANOR SECTION Ef�AND TWO; for a
distance of f�.0 feet to tt,: Northeast. corne" f said Lot
10: thence; `Easterly alor.j the Easterly extension the
North the of said Lot ii, for a distance or 10.0 et to
the Point of Beginning.
PB -92 -008 Bird Road Alley Page 4 of 6
Area map indicating subject properties and mailing area
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APPLICANT: Cj �7,:
OWNER: t , •' y��
MAP REFERENCE: �1R•> Two Af� Comorss
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✓A�j%�I� M1"�e+ i�� pl' f'�Ll.'E Date le............
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CITY oe SOUTN AMAMI N PLANNING 5MD 11errinc Sc Co$.
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PB -92 -008 -Bird Road Alley Page 6 of 6
THIS AGREEMENT entered into by and between 79TH STREET
CORPORATION, a Florida corporation, hereinafter referred to as the
Party of the First Part, and MARY MATTHEWS and ELSIE JACOBS,
hereinafter referred to as the Second Parties,
WHEREAS, the First Party is the owner of:
Lot 10 and Lot 15, in Block 2, WESTERFIELD
MANOR SECTION ONE AND TWO, according to the
Plat thereof, as recorded in Plat Book 18, at
Page 47, of the Public Records of Dade County,
Florida, and
WHEREAS, the Second Parties are the owners of:
Lots 11, 12, 13 and 14 in Block 2, WESTERFIELD
MANOR SECTION ONE AND TWO, according to the
Plat thereof, as recorded in Plat Book 18, at
Page 47, of the Public Records of Dade County,
Florida, and
WHEREAS, The City of South Miami has sought to abandon
the alley lying between the property of the First Party and the
property of the Second Parties which is 15 feet in width,
hereinafter referred to as the "Alley ", described as follows:
Begin at the Northwest corner of Lot 11, Block
2, as shown on said Plat of WESTERFIELD MANOR
SECTION ONE AND TWO; thence Southerly along
the West line of Lots 11, 12, 13, 14, Block 2,
as shown on the aforementioned Plat, a distance
of 225.35 feet to the Southwest corner of said
Lot 14, Block 2; thence Westerly along the
Westerly extension of the South line of said
Lot 14, for a distance of 15.0 feet to the
Southeast corner of Lot 15, of said Block 2;
thence Northerly along the Easterly line of Lot
15 and 10, Block 2 as shown on said Plat of
WESTERFIELD MANOR SECTION ONE AND TWO, for a
distance of 225.34 feet to the Northeast corner
of said Lot 10; thence Easterly along the
Easterly extension of the North line of said
Lot 10 for a distance of 15.0 feet to the Point
of Beginning,
WHEREAS, for a period of over forty years the septic
tanks and drain fields serving the property of the Second Parties
has been under said Alley, and
WHEREAS, The City of South Miami wishes to abandon the
Alley and upon abandonment ownership of the Alley will revert to
the parties, the East 7 1/2 feet to the Second Parties and the
West 7 1/2 feet to the First Party, and
WHEREAS, the First Party has no desire to retain
ownership of the Alley subject to an easement for maintenance of
the First Party's building over said Alley, it is therefore
AGREED AS FOLLOWS:
1. That upon abandonment of the Alley, the First Party
will convey all right, title and interest to the Alley by Quit -
Claim Deed to the Second Parties, retaining unto themselves an
easement over and across said Alley for the purpose of repair and
maintenance of, and improvements to the First Party's building.
2. Upon conveyance of the Alley to the Second Parties,
the Second Parties shall be responsible for the maintenance and
ownership thereof.
0644016 IN WITNESS WHEREOF, we set our hands and seals this
, 1992.
"First Party"
79TH STREET CORPORATION,
a Florida corporation
1F \
By
F. R. BATISTA, President