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Ord. No. 13-80-1072"^cI0779 fal5!0 ^ 1900 JUN 16 PH \'3i ... 80R15S578 ORDINANCE NO.13-80-1072 AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA, ABANDONING ANDVACATINGACERTAIN DESCRIBED ALLEY LOCATEDBETWEENSOUTHWEST42NDSTREETAND SOUTHWEST 42NDTERRACE,SAIDALLEYBEINGAPPROXIMATELY10FEET WIDEAND 256.34 FEET LONG,AND RUNNING NORTH TO SOUTH FROM SOUTHWEST 42ND TERRACE,A DISTANCE OF 146.34 FEET,AND WHICH ALLEY IS FURTHER OUTLINED IN RED ONTHAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE, RETAINING CERTAIN RIGHTS THEREIN,AND SIMULTANEOUSLY GRANTINGANEASEMENTTOFLORIDAPOWER&LIGHTCOMPANY INANDTOSAID ALLEY,AND PROVIDING WHENTHIS ORDINANCE SHALL TAKE EFFECT. WHEREAS,the City has determined thatitisinthebest interest of the City that the alley hereinafter described be abandoned and vacated, and WHEREAS,the City is,simultaneously with the passage of this Ordinance,granting Florida Power &Light Company,a Florida corporation, an easement in,on,over,under and across,a portion of the alley herein after abandoned and vacated in exchange for a termination of that entity's vested franchise rights in and to said portion of the alley,and WHEREAS,the City has no need for the remainder of the alley hereinafter abandoned and vacated,and WHEREAS,it would be to the interest of the general welfare of the citizens of the City of South Miami to abandon and vacate the alley herein after referred to,subjecttothe aforementioned easementin favor of Florida Power &Light Company. NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA: Section 1.That the alley lying and running North to South between Southwest 42nd Street and Southwest 42nd Terrace,South Miami,Florida,said alley being 10 feet wide and 256.34 feet long,more or less,and being adjacent to Lots 10,11,12,13,14,15and 16,all inBlock6,andthe continuation of said alley lying and running North to South from Southwest 42nd Terrace,a distance of 146.34 feet,more or less,in a southerly direction,said alley being 10 feet wide and 146.34 feet long,more or less,and being adjacent to Lots 24,25,26and 27,all in Block 7,Sections 1 and 2,Westerfield Manor,according to the Plat thereof,as recorded in Plat Book 18,Page 47, ofthe Public Records of Dade County,Florida,and which alley is further -1- rc 10779 £151 outlined inredonthat certain sketch attached tothis Ordinance be,and the same is hereby vacated,and abandoned,subject,however,tothe easement granted in Section 2.of this Ordinance in favor of Florida Power &Light Company in,on,over and across the lands described therein,being a portion ofthealley abandoned and vacated by this Ordinance. Section 2.That the City does hereby grant an easement to Florida Power &Light Company inandtothe alley herein vacated,and abandoned, said easement tobein accordance withthe easement attached tothisOrdinance. The City also retains the right to maintain,operate,repair and replace by itself orby any licensee ora holder ofa franchise from the City,any poles, wires,pipes,conduits,sewer mains,v/ater mains,or any other facility or equipment forthe maintenance or operation ofany utility now located in thealleyor portion thereof abandoned or vacated by this Ordinance. Section 3.This Ordinance shall takeeffect immediately atthe timeof its passage. PASSED and ADOPTED this 20th day of May ,1980. CITY CLERK Passed on first reading:6/5/80 Passed on second reading:5/20/80 APPROVED: -2- MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday,Sunday and Legal Holidays Miami,Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap peared Becky Caskey,who on oath says that she is the Assistant Director of Legal Advertising of the Miami Review and Daily Record,a daily (except Saturday, Sunday and Legal Holidays)newspaper,published at Miami in Dade County,Florida;that the attached copy of advertisement,being a Legal Advertisement or Notice in the matter of CITY OF SOUTH MIAMI Re:Ord.13-80-1072 XXX in the Court, was published in said newspaper in the issues of May 30,1980 Affiant further says that,the said Miami Review and Daily Record isa 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,Sun day and Legal Holidays)and has been entered as second class mail matter at the post office in Miami,in said Dade County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that she has neither paid nor promised any person,firm or corpora tion any discount,rebate,commission or refund for the purpose of .securing this advertisement for publication in the sajd/newspaper (SEAL My Commissio MR-67-1 0779™1515 CITYOF SOUTH MIAMI LEGAL NOTICE The City of South Miami adopted Ordinance No.13-80-1072,on May 20,1980,whichreadsasfollows: AN ORDINANCE OF THE CITY OF SOUTH WIAMI,- FIORIDA ABANDONING AND VACATING A CERTAIN DESCRIBED ALLEY LOCATED BETWEEN SOUTHWEST?2ND STREET AND SOUTHWEST 42ND TERRACE,SAIDALLEYB^NG APPROXIMATELY 10 FEET WIDE AND 25634-FEET LONG,AND RUNNING NORTH TO SOUTH FROM SOUTHWEST 42ND TERRACE,A DISTANCE OF146^4 FEET/AND WH.CH ALLEY IS FURTHER OUTLINED NRED ON THAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE,RETAINING CERTAIN RIGHTS THEREIN,AND SIMULTANEOUSLY GRANTING AN EASEMENT TO FLORIDA POWER AND LIGHT COMPANY IN AND TO SAIDALLEYANDPROVIDING„HEN THIS ORDINANCE SHALLTAKE EFFECT. Publication of this Notice on the 30 day of May 1980. 5/30 M80-053003 RECORDED IN OFFICIAL RECORDS 100• OfDADECOUNTY,FLQHItA. RECORD VERIFIED RICHARD P.BRZNKEflL CLWiA CUtCUlI CQUfil MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday,Sunday and Legal Holidays Miami,Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap peared Sarah Williams,whoon oath says that she Is the Director of Legal Advertising of the Miami Review and Daily Record,a daily (except Saturday,Sunday and Legal Holidays)newspaper,published at Miami In Dade County,Florida;that the attached copy of adver tisement,being a Legal Advertisement or Notice in the matter of .C.ITY OF SOUTH MIAMI Re:Proposed Ordinance H'e'a'rTng'""5/2'0780 inthe x ...x...x Court/ was published in said newspaper In the Issues of May 13,1980 Affiant further says that the said Miami Review and Daily Record Is a newspaper published at Miami,in saidDadeCounty,Florida,and that the said newspaper has heretofore been continuously published In said Dade County,Florida,each day (except Saturday,Sun day and Legal Holidays)and has been entered as second class mail matter at the post office in Miami,in said Dade County,Florida,for a period ofone year next precedingthefirst publication ofthe attached copyof advertisement;andaffiantfurthersaysthatshehas nelthejrpald norpromisedanyperson,firm orcorpora tion a/iy dfccount,rebate,commissioner.refund forthe purplse /securing this ady«£fikerr>ent fdY-'publlcatlonintnfes^ld newspaper^\\»'OM M5ff '*'* Sworjj to ard subscribed before rne thll (SEAL) My Commission expires SeptembeV MR-50 fc£C 0779*1514 CITY OF SOUTH MIAMI LEGAL NOTICE There willbea Public Hearing before the City Commission ofthe City of South Miami,Florida,on Tuesday,May 20,1980,at 7:30 P.M.,or as soon as thereafter as appears on the Agenda,for the purpose of hear ing views of interested persons.The proposed Ordinance may bein spected by the public at the Office of the City Clerk,6130 Sunset Drive, South Miami,Florida. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,ABANDONING AND VACATING A CERTAIN DESCRIBED ALLEY LOCATED BETWEEN SOUTHWEST 42ND STREET AND SOUTHWEST 42ND TERRACE,SAID ALLEY BEING APPROXIMATELY 10 FEET WIDE AND 256.34 FEET LONG,AND RUNNING NORTH TO SOUTH FROM SOUTHWEST 42ND TERRACE,A DISTANCE OF 146.34 FEET,AND WHICH ALLEY IS FURTHER OUTLINED IN RED ON THAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE,RETAINING CERTAIN RIGHTS THEREIN, AND SIMULTANEOUSLY GRANTING AN EASEMENT TO FLORIDA POWER &LIGHT COMPANY IN AND TO SAID ALLEY,AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Publication of this Notice on the 13 day of May 1980. "13 M80-051323 IxJ U_ < o PREPARED BY: OFF RFC 0779 rGl513 EASEMENT DATE 4.0 /?P& SEC 24 TWP_54_SRGE_^Q_E as follows;tdc.ht.es,°"'°VGr'Up0n'under'and across my/our property described >- >•!C-l f J . c w —•,2' in /o ^lying anfl r?min9 north to south between SW 42nd Street and^?'f™*'8™'*Miami,Florida,said alley being 10 feet wideand256.34 Feet:long,more or less,and being adjacent tolots 10,11, if'U'I4''\imc}{(>'<li:i ir>Block G,and Li.e continuation oF said nF iL £"3 C"rUm'ny ?°rth fc°SOUth frcm SW 42nd Terrace a distance10feet^drCCn/?.r S J08?',"1 a southerly direction,said alley beinglohc24of^l*£A f?f .lon^'™rc °^l^s,and being adjacent tolots24,25,26 and 27,allin Block 7,Sections 1 and 2,Westerfield iTnfVh^^t0 th°Plat **«**'MrGCOrded in Pl*t Bo*5 Page47oFthePublicRecordsofDadeCounty,Florida. o ""' £1_K CO Q.<t ra q Q: In the presence of: STATE OF FLORIDA AND COUNTY OF The City of South Miami -Al^^cal Subdivision of_Dade,Countyea()Fla. 4ffl£tdfc=*JSea\) r 4 * ft-^H.v^ySeal) —7 *pJB«l .J *i o I,a Notary Public,do hereby certify that {fo^lt--/QJU-cJZ—J kzz :;;:;;rnai,v "*he,orc ™<^^*«^»°"°n <>,«.^i,ins,:^fe^. ^Z^/c trurriWrff tWhV fjs£s and Purposes WITNESS my hand and official seal in said County and State this <p-° NOTARY PUBLICSTATE Of FLORIDAAT IAKZ MY COMMISSION EXPIRES APR.30 19t3 •ONDED THRU GENERAL INS.UNDERWRITERSMyCommissionexpires: RWO/SIO/TWO ER STRUCT.NO. NOTARY PUBLIC.STATF OF FLORIDA-,^'LA-ROE ••*'•O A •i X ; "n,,,„••.