Ord. No. 20-96-1620ORDINANCE NO.20-96-1620
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA;RELATING TO THE BAKERY CENTRE
DEVELOPMENT,NOW KNOWN AS THE SHOPS AT SUNSET PLACE;
PROVIDING FOR ALIGNMENT OF RIGHTS-OF-WAY ON SUNSET DRIVE;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ALIGNMENT
DEED;PROVIDING FORSEVERABILITY,ORDINANCES INCONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS,theCityCommissionoftheCityofSouthMiami
approved Resolution No.70-95-9619 (and subsequent amending
resolutions),whichapprovedthesecondapplicationforaspecial
exception by Sunset Red,Ltd.for a modified plan of development
for the Bakery Centre,now known as the Shops at Sunset Place;and,
WHEREAS,the resolution providesforthe recording of deeds of
dedicationforpreviously dedicated,butunrecorded,rights-of-way
along Sunset Drive,Red Road and U.S.1.(^22 of Resolution No.70-
95-9619);and,
WHEREAS,the State of Florida Department of Transportation
(FDOT)grantedtitleandtransferredtotheCitythe right-of-way
for Sunset Drive from U.S.Highway No.1to Red Road;and,
WHEREAS,Bakery Associates,Ltd.,conveyed to the City
additional rights-of-way for Sunset Drive and SW 58th Avenue;and,
WHEREAS,Metropolitan Dade County and Bakery Associates,Ltd.,
conveyed,each to the other,certain rights-of-way along Red Road;
and,
WHEREAS,the Alignment Deed and color sketch depicting the
right-of-way dedication parcels are annexed to this ordinance as
App.1.
WHEREAS,Art.II,§6 or the City Charter requires the
conveyance of property bythe City tobe accomplished by ordinance;
and,
WHEREAS,the Mayor and the City Commission find that it is in
the public interest to authorize the City Manager to execute and
?
Page2of Ord.No.20-96-1620
deliver the Alignment Deed and the City .Attorney approves the
Alignment Deed asto form and legal sufficiency.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The above recitals are true,correct and
incorporated herein by reference.
Section 2.The City Manager is authorized to execute and
deliver the Alignment Deed,as approved bytheCityAttorneyand
attached to ordinance.
Section 3.Ifany section,clause,sentence,orphraseof
thisordinanceisforanyreasonheldinvalidor unconstitutional
by a court of competent jurisdiction,the holding shall not affect
the validity ofthe remaining portions of this ordinance.
Section 4.All ordinances or parts of ordinances in
conflictwiththeprovisionsofthisordinancearehereby repealed.
Section 5.This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 19th day of ovember t 1996.
ATTEST:
duJ2Z3.2 v.,
CITY CLERK
1st Reading -November 5,1996
2nd Reading -November 19,1996
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
bakerow2.ord
November 1,1996
APPROVED:
VIc emayor
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
4-0
Not present
Yea
Yea
Yea
Yea
This Instrument prepared by and
Return to:
Judith A.Burke,Esq.
Shutts &Bowen
201 South Biscayne Blvd.
Suite 1600
Miami,Florida 33131
Folio No.09-4025-031-0060
STATE OF FLORIDA )
)
COUNTY OF DADE )
QUIT CLAIM DEED FROM THE
CITY OF SOUTH MIAMI
THIS INDENTURE,made this 19th day of November,1996,by and
between theCITYOF SOUTH MIAMI,abody corporate and political
subdivision of the State of Florida,and its successors in
interest,whose Post Office Address is 6130 Sunset Drive,South
Miami,Florida 33143,party ofthefirstpart,and BAKERY
ASSOCIATES,LTD.,a Florida limited partnership,whose address is
115 W.WashingtonStreet,Indianapolis,Indiana46204,partyofthe
second part.
WITNESSETH;
Thatthesaidpartyofthefirstpart,forandin
considerationofthesumofOneDollar ($1.00)toitinhandpaid
bythepartyofthesecond part,thereceiptwhereofishereby
acknowledged,andforotherandfurthergoodandvaluable
considerations,doeshereby release,remiseandquitclaimtothe
party ofthe second part,andits successors in interest,allthe
right,title,interest,claimordemandwhichthepartyofthe
first parthasinandtothefollowingdescribed land,situate,
lyingandbeingintheCountyof Dade,StateofFlorida,to-wit:
SeeExhibit "A"attachedheretoandmadeapart hereof.
Itis the intention of the party of the first part,by this
instrument,to convey to said party of the second part,and its
successors in interest,the land above described for the purpose of
aligning the right of way ofa public highway.
IN WITNESS WHEREOF,the said party of the first part,has
hereunder set its hand and seal,the day and year first above
written.
Signed,sealed and
delivered in the
presence of:
(signed name of witness one
(printed name of witness one
(signed name of witness two)
(printed name of witness two
READ AND APPROVED AS TO FORM:
Earl G.Gallop,City Attorney
-2-
THE CITY OF SOUTH MIAMI,a
political subdivision of the
State of Florida
By:
L.Dennis Whitt,
City Manager
ATTEST:
By:
City Clerk
STATE OF FLORIDA )
)
COUNTY OF DADE )
The foregoing instrument wasacknowledgedbeforemethis
6th day of December ,1996 by L.Dennis Whitt,as City
Manager ofTheCityofSouth Miami,apoliticalsubdivisionofthe
StateofFlorida,onbehalfofthe City.He is(personally known to
me)or has produced as identification and who did (did
not)take an oath.
MIA95 76861 1-L1M -3-
NOTARY PUBLIC
Ronetta Taylor
Typed or Printed Name of Notary
My commission expires:
Serial No.,if any:
DESCRIPTION •
A PORTION OP BLOCK 1,OF "CARVERS SUBDIVISION",ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 6,..AT PAOE 56,OF THE
PL-w*£n.tynvs w */hli«.*uUNTY,FLORIDA,DESCRIBED AS FOLLOWS 4
COMMENCE AT THE 8.E.CORNER OF LOT 19,BLOCK X,SAID LOT 19 LYING
WEST OF LOT 18,BLOCK 1OF SAID "CARVERS SUBDIVISION "I THENCE
N4 IS'24"U,ALONG THE EASTLINE OF SAID LOT I?,FOR 23.00 FEET
TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL I
THENCE CONTINUE N4 18*24"W,AL0N8 THE PREVIOUSLYDESCRIBED
LINE,FOR 10.00 FEET TO A POINT ON A LINE S3.00 FEET NORTH OF,AS
MEASURE ATRIGHT ANGLE AND PARALLELWITH,THE SOUTH LINE OFSAID
BLOCK 1}THENCE N 89 13*14"E,ALONG THE PREVIOUSLY DESCRIBED
LINE,FOR 90.31 FEETTOAPOINTOF CURVATURE OFACIRCULARCURVE.
CONCAVE TO THE NORTHWEST I THENCE NORTHEASTERLY,NORTHERLY AND
NORTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVINO A
RADIUS OF 29.00 FEET AND A CENTRAL ANGLE OF 89 33*30-,FOR A
DISTANCE OF 39.08 FEETTO THE POINT OF TANSENCY,SAIDPOINTALSO
8EIN8 ON ALINE 33.00 FEETWESTOF,AS MEASURE AT RIBHT ANSLE AND
PARALLEL WITH,THE EASTLINE OF SAID BLOCK If THENCE 84 10'24"E,
ALONG THE PREVIOUSLY DESCRIBED LINE,FOR 23.53 FEETTOAPOINT ON
A CIRCULAR CURVE CONCAVE TO THE NORTHWEST,SAID POINT BEARS
8 61 27*01"E FRON THE CENTER OF SAID CURVCf THENCE
SOUTHWESTERLY,ALONQ THE ARC OFSAID CURVE TO THE RIGHT,HAVING A
RADIUS OF 29.00 FEET AND A CENTRAL ANSLE OF 56 42*13",FOR A
DISTANCE OF 24.74 FEETTOTHEPOINTOF TANGENCY,SAIDPOINTALSO
BEINGONA LINE 23.00 FEET NORTH OF,ASMEASUREAT RIGHT ANGLE
ANDPARALLELWITH,THESOUTH LINE OPSAID BLOCK li THENCE
8 83 13*14-to,ALONG THE PREVIOUSLY DESCRIBED LINE,FOR 94.31
FEET TO THE POINT OF BEGINNING.
LYING AND BEINGIN DADE COUNTY,FLORIDAANDCONTAINING 1213.4
SQUARE FEET MOREOR LESS.
SURVEYOR'S NOTES •
BEARINGS SHOUN HEREON ARE RELATIVE TO AN ASSUMED MERIDIAN ALONG.
THE CENTERLJNE OF B.W.SSt*.AVENUE,WHICH IS S4 26'SB"E.
•P.0.8.•DlNUim POINT OF BEGINNING.
P.O.C,•»DENOTES POINT OF COhf'CNCEMENT.
ALL INFORMATION USED XN DESCRIPTION AND SKETCHES SHOWN HEREON,
i WERE TAKEN FROMAN AS BUILT SURVEY
PREPARES BY •FORD,ARHLNILKOS h HANUCY,INC.*AND FURNISHED TO
US BY THE CLIENT WITH INSTRUCTIONS TO USE SAID SURVEY FOR ALL
FIELD COMPUTATIONS NEEDED.*
CERTIFICATION •
I HEREBY CERTIFY THAT THESE DESCRIPTIONS WERE PREPARED UNDER MY
DIRECT SUPERVISION AND THAT THEY ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF AND THAT THE METHOD USED XN PREPARING
THESE DESCRIPTIONS,MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION
472.027,OF THE FLORIDA STATUTES AM)TO CHAPTER 61017 OF THE
F.A.C.
••//a&«*f/'i/#
I MANUEL 8*VERA
PROFESSIONAL SURVEYOR AND RAPPER H0,2262
STATE OF FLORIDA
UNLESS XT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED 8URVEY0R AND RAPPER,THIS
DRAWING,SKETCH*PLAT OR HAP,IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT VALID.
MANUEL G.VERA AND ASSOCIATES,INC.
ENGINEERS UNO SURVEYORS PLANNERS
3421 S.H.107th.AVEHUE MIAMI FLDBIDA 33155 PHONE 221-62J0 PAX 221-1295
£.\twfrf I /tc O
r
l
CARVERS SUBDIVISION
SKETCH TO ACCOMPANY
DESCRIPTION
1~
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(6-36)
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P.0.C.
S.E.CORNER LOT 19
BLOCK 1 (6-36)
%«,0i,«-c'5.00/^
rffll A-56#4cri&J
en
I i_JS.H.72nd.STREET
SUNSPT ROAD
OEEO TO F.D.O.T.
0.R.B.12073 PC.1599
N-T.a.
6tf 7^LlL
torn i<fz
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Dade County,Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Beforethe undersigned authority personally appeared
Sookie Williams,who on oath says that she is the Vice
President of Legal Advertising of the MiamiDaily Business
Review f/'k/a MiamiReview,adaily (except Saturday,Sunday
andLegal Holidays)newspaper,published atMiamiIn Dade
County,Florida;that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 11/19/96
ORDINANCE OF THE MAYOR AND
CITY COMMISSION RELATING TO
THE BAKERY CENTRE
In the XXXXX Court,
was published in said newspaper inthe Issues of
Nov 8,1996
Affiant further says that the said MiamiDaily Business
Review Is a newspaper published at Miami In said Dade
County,Florida,and that the said newspaper has heretofore
been continuously published In said Dade County,Florida,
each day (except Saturday,Sunday and Legal Holidays)and
has been entered as second class mall matter atthe post
office In Miamiin said Dade County,Florida,fora period of
one year next preceding the first publication of the attached
copy aHrtJvertlsement;and affiant further says that she has
neltUer pail nor promised any person,firm or corporation
anyplscount,rebate,commissionorrefundforthepurpose
of jfecurl/g this advertisement for publication In thesaid
oJJl^-
Sworn to and,subscribed before me this
Novemoer
day of A.D.19.
»
<^4^.^
(SEAL)
Sookie Wllllai
*$i P(,OFFJC1AL NOTARY SEAL
„jL„CHERYL H MARMER
Of Fv°
jug**S
'^vq?MY COMMISSION EXPIRES
CC545384
APR.12,2000
CITY OF SOUTH MIAMI
NOTICE OF A PUBLIC HEARING
1
NOTICE IS HEREBY giventhattheCityCommissionoftheCityof
South Miami,Floridawill conduct a Public Hearing duringits regular
CityCommissionmeetingon Tuesday,November19,1996beginning
at7:30p.m.,intheCityCommissionChambers,6130SunsetDrive-
toconsiderthe following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATINGTO
THE BAKERY CENTRE DEVELOPMENT,NOW KNOWN AS
THE SHOPS AT SUNSET PLACE;PROVIDING FOR
ALIGNMENT OF RIGHTS-OF-WAY ON SUNSET DRIVE;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ALIGNMENTDEED;PROVIDINGFORSEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND,
PROVIDINGAN EFFECTIVE DATE(FIRSTREADING-
NOVEMBER 5.1996)
Saidordinancecanbe inspected intheCityClerk'sOffice,Monday-
Fridayduring regular office hours.
InquiriesconcerningthisitemshouldbedirectedtotheCityMan
ager's Officeat:663-6338.
ALL interestedpartiesareinvitedtoattendand will beheard.
Ronetta Taylor,CMC
City Clerk
CityofSouthMiami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises the
public thatifapersondecidestoappealanydecisionmadebythis
Board,AgencyorCommissionwith respect toanymatterconsidered
atitsmeetingorhearing,heorshe will needarecordoftheproceed
ings,andthatforsuchpurpose,affectedpersonmayneedtoensure
thataverbatimrecordoftheproceedingsismadewhichrecordin
cludesthetestimonyandevidenceuponwhichtheappealistobe
11/8 96-3-110822M