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5901 SW 66 ST_PB-92-003 ZONING REVIEW SHEET PROJECT: < / S N� lY U` ADDRESS: OWNER: �t TELEPHONE:• 0&1 TELEPHONE• DISTRICT: `r LOT OF RECORD: ALLOWED_ OUIRED PROPOSED NET LOT AREA: FRONTAGE: & �• FRONT SETBACK• REAR SETBACK: SIDE SETBACK• !f Vb 2 CORNER: ADJ. TO RES. : BUILDING HEIGHT: Z BUILDING COVERAGE: MIIMPERVIOUS CVRG. : 7`sav6 �� FAR: LANDSCAPING: PARKING TOTAL: STANDARD COMPACT: HANDICAP: COMMENTS: REVIEWED BY: F l T"O ol w DEDIC,4�aN z �s LoT 22. .a is • lo, lf? sF Sg'f KS . 25' MOUSE olfbeas ! Fka4r ' I $tAD�, CVCv. is 12.A � � o K9W 2jr I 1 site T.s' ! l opnom I s COVELW Itiftwoo 27' ONE V ADD (SIDE 3 o2' V1 OF 3.oZ TV � 16 I � z SET�CK 25 WITHOor ALLE LT ZZf,bitx4go2 • lo, X59 sF S�TKS -- DOUSE w l 2 Fta4r $t�G, CVG. 12 A PKW 21r ,fit' IV s 2 , COVeLW Aftem OK Butt-DI � 30/ ( sW r AVE TWO wicwxos 3 febur l } Wb EM $` OF I&-o2 ' CuAoAomvi 53, Esau," I sTka , 5kJ 66 � sz�, -- D�DlC�T1�iJ z �s LOT la-ax %,27 6,oo l sF 2 _ AmR,g'Ss ail 510 59 At oui -lob Aces �71 Ngn*D (MCWT OF 29.27 ' " So' Q,6C�Vi2ED1 J .. x �RAZ ! - -- T- 271 ��� Br,�G. coal. = l8 y ,= Amm au :Sj sr- Na`V ti CITY OF' SOUTH M2AM2 INTER-OFFICE MEMORANDUM Tot Martin D. Berg Date: October 9 , 1992 City Attorney Front Sonia Lama, AIA Re: Habitat Proposal Bldg. & Zoning Di c or Old Nursery Site r At the October 5, 1992 City Commission Meeting, the Commission requested that the Building and Zoning Department investigate the potential for use of the property that previously served as the City's nursery facility as a single-family residential homesite. It has been discovered during research that this property which is located in the University Park Subdivision includes half of an adjacent alley; however, it is evident from the plat maps that this alley is actually part of the plat of Franklin Subdivision. The Department has compiled the necessary research items for your review and these are attached. Please advise. attachments: Plat of University Park Subdivision Plat of Franklin Subdivision Ordinance # 7-79-1029 Excerpted Minutes from March .6, 1979 t i v 1 �iC LC.ti o. U;O p . LSM S P m o 1(Y/7 0.� o i�11 • 'o tY4�vc°y a l C � �, GG cz � P 1' m iV N v V t �hn W Q M", 03 sass `C' 4) Q4AAbp�8 0�Fo m v p Ij o0 00 !' E4�p p to Qy "mL�.p I � o R m n o c. o o h o � �u �P c'�m•JC,�0 8 r�Y�Qp � y aall1 �mO• p b6[��((``� � tl0 m m h 88 SbS y.(, p ! &L 5V9 l i M x .'�'_4�y a.�,. 1 psi Inn 1 140 c I - i° of iJOS ro n Jl°On9 I _ 9 DIJO,O w �I JIJOIB t 71J0,9 I • J t q n Q J i° d Z z`� Q n W J �Y� 1K m Z aL. f . 1979 VAR 29 N-1 79R 91604 kFc 10345 P 2150 ORDINANCE NO. 7-79-1029 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ABANDONING AND VACATING A CERT/4N DESCRIBED ALLEY LOCATED BETWEEN SOUTHWEST 64TH STREET AND SOUTHWEST 66TH ` STREET, SOUTH MIAMI, FLORIDA, WHICH ALLEY i SEPARATES Blocks 9 AND 10, FRANKLIN S1lBDIVISIO3 ON THE WEST, AND LOTS 115, 116 AND 1171 OF UNIVERSITY PARK SUBDIVISION ON THE EAST, AND WHICH ALLEY IS FURTHER OUTLINED IN BLUE ON THAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE, RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. I 1 WHEREAS, the City has determined that it is in the pest interest of the City that the alley hereinafter described ;e abandoned and vacated, and V WHEREAS, the City has no need for the alley hereinafter abandoned and vacated, and WHEREAS, it would be to ti a interest of t;a general ' welfare of the citizens of the City of South Miami to ar;andon and vacate the i alley hereinafter referred to. -- NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR A.ND CITY COMMISSION OF THE ( ITY OF SOUTH MIAMI, FLORIDA: Section 1. That all that;and shown as "alley" lying between Southwest 64th Street and Southwest 66th Street in the Ci ty of South Miami, Florida, which alley separates Blocks 9 and 10, Franklin Subdivision, on the West from Lots 115, 116, and 117 on the East, and which alley is further outlined in blue on that certain sketch attached to this Ordinance, be and tl e same is hereby atandoned and vacated. Section 2. The City retains the right to maintain, operate , repair and replace by itself or by any licensee or a 1•older of a franchise front the City any poles, wires pines, condAts, sewer mains., water mains, or any other facility or egApment for the maintenance or operation of anv utility i now located in the alley or portion thereof abandoned"or vacated ,y this Ordinance J � i kEC 10345-P 2151 Section 3. This Ordinance shall take effect immediately at the time of its Passage. PASSED and ADOPTED this6 day of March 19 '9 APPROVED: Mayor Attest: �v Clork QcQi u o t less dbnading: 2/ 6/79 on seCq$tj.yeading: 3/6/79 ! � z A I / CCR1'IFICAT ION I, Amie M. Glazer, City Clerk in and for the City of South Florida, do h::!el:%v certify this copy o ff �D7 dated (�L.� to the records of the City of So•rth Miami. Given uncl:;r my h;:.. I;:i the Seal f S01.1th fVil:'tl?ll, F l'•1wi4�;w::.\iti` _Clay of r; .0 r- •,/1.�����;,�,,�'{.•1 f G��.`Vep�'�r,[0 'BRIO�p�t�0w -2- * Next item on the Agenda, No . 5 , was an Ordinance captioned as follows : Ordinance No. 7-79-1029 AN ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, ABANDONING AND VACATING A CERTAIN DESCRIBED ALLEY LOCATED BETWEEN SOUTHWEST 64TH STREET AND SOUTHWEST 66TH STREET, SOUTH MIAitI , FLORIDA, WHICH ALLEY SEPARATES BLOCKS 9 AND 10 , FRANKLIN SUBDIVISION ON THE WEST, AND LOTS 115 , 116 , AND 117 OF UNIVERSITY -PARK SUBDIVISION ON THE EAST, AND WHICH ALLEY IS FURTHER OUTLINED IN BLUE ON THAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE , RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. At this time Commissioner Bowman left the Commission Chamber because of a conflict of interest . Mayor Block declared Public Hearing to be in session. He asked anyone caring to speak for or against the Ordinance to step forward at this time . There being no one caring to speak for or against the Ordinance the Public Hearing was deemed to be closed. Moved by Vice Mayor Gibson that this be considered - the Final Reading of the Ordinance in its entirety, and it be- adopted and assigned the next number by the City Clerk. Motion on the Ordinance carried by the 'following roll call : "Yeas" Commissioner McCann, Commissioner Andrews Lantz , Vice Mayor Gibson and Mayor Block . "Nays" - None . Commissioner Bowman was not present at voting . * Mayor Block said at this time he would like to bring up a matter that was tabled at the Commission Meeting of February 20, 1979 . The City Attorney had made recommendations and he would like him to instruct the Commission and any interested parties that may be at the Meeting at this time . Mr . Moore said he would explain the City' s legal position with regard to this property. In regard to the alleyway , one-half of it will go to the people who live there and the other half will go to the land that is owned by the City . As to the land that is now owned by the City, he has been advised by Buiiding and Zoning Department that they will have two (2) buildable lots . These lots can be platted and sold at the market price, -6- 3/6/79 rim ORDINANCE NO. 1-93-1530A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 1-93- 1530, TO PROVIDE FOR MODIFICATION OF THE TERMS AND CONDITIONS OF A CONVEYANCE OF REAL PROPERTY SITUATED IN. FRANKLIN AND THE UNIVERSITY PARR SUBDIVISIONS TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC. ; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 5, 1993, the City Commission of the City of South Miami enacted Ordinance no. 1-93-1530, which authorized the conveyance to Habitat for Humanity of Greater Miami, Inc. , of the south 25.86 feet of Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the public records. of Dade County, Florida; and, WHEREAS, the property was to be conveyed "as is" concerning the quality of the title and the physical condition of the property, and the purchaser was required to construct affordable single family housing within 8 months of execution of the deed; and, WHEREAS, a deed was not executed because a title problem exists concerning the vacation of an adjacent alley which, until corrected, renders the property unsuitable for constructing single family housing; and, WHEREAS, the Mayor and the City Commission find that it is in the best interests of the City to authorize an extension of the time of performance required by Habitat, to amend the legal description of the land to be conveyed and to authorize an agreement for the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to sell to Habitat for Humanity of Greater Miami, Inc. , for the sum of $1.00 the real property legally described as: The South 25.86 feet of Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the public records of Dade County, Florida. Also, all the real property lying to the east of the centerline of a former alley running between Southwest 64 and 66 Streets, as depicted on the Franklin Subdivision plat, recorded in Plat Book 5 at Page 34 of the public records of Dade County, Florida, and lying east of Block 10 of the Franklin Subdivision and adjacent to the South 25.86 feet of Lot 116 and Lot 117, as described on the University Park Subdivision plat. This authorization includes the power to execute deeds of conveyance, agreements and any other documents relating to the conveyance and the closing of the transaction. Section 2 . The agreement annexed to this ordinance as Exhibit 1 is approved. Section 3 . Habitat for Humanity of Greater Miami, Inc. is authorized to initiate a legal action on its own behalf and for the benefit of the City of South Miami to obtain a judicial determination that all of the real property lying to the east of the centerline of the alley vacated by Ordinance No. 7-79-1029, as amended.by Ordinance No. 7-79-1029A, reverts to the real properties identified as Lots 115, 116 and 117 in the University Park Subdivision plat. In any action, Habitat shall act as an independent party to the agreement (Section 2) and it shall bear all the costs of litigation. Further, Habitat shall protect, hold harmless, indemnify and defend the City against all claims, liability, or costs arising out of this conveyance, the agreement, or any related judicial proceedings . The provisions of this section shall be incorporated into the agreement. Section 4 . If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5 . This ordinance amends 0 dinan a No. 1-93-1530. All ordinances or parts of ordinances in nflict with the provisions of this ordinance are hereby repeal d. Section 6 . This ordinance shall talk effe immediately at the time of its passage. PASSED AND ADOPTED this day , 1994. APPROVED: MAYOR ATTS Ulm p 4R`!FR C Y LERR �„s Ay0:, 0 READ AND APPROVED AS TO FORM: _,.... , . .. -- CITY ATTORNEY habitat.ord 2 AGREEMENT This Agreement entered into this day of , 1994, between HABITAT FOR HUMANITY OF GREATER MIAMI,_INC., its successors, assigns and transferees of the property described below ("Owner") whose address is P. O. Box 560994, Miami, Florida 33256-0994 and the CITY OF SOUTH MIAMI ("City") whose address is 6130 Sunset Drive, South Miami, Florida 33143. WITNESSETH : In consideration of the conveyance of the property by the City of that certain property more particularly described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property") to Owner, Owner covenants and agrees that in connection with the ownership of the Property, it will comply with the following: 1. Owner hereby acknowledges and agrees that the Property is being acquired for construction of new single family housing. Owner covenants and agrees that it will commence construction of a single family residence within eight (8) months and diligently proceed with completion of the residence in accordance with applicable City of South Miami Code Standards in effect at such time. Owner and City agree that the time restriction set forth in this paragraph to commence construction and all other obligations of Owner related thereto shall be tolled for such time as is necessary for Owner to determine ownership, use or other legal rights to the alley described in Exlubit "A". 2. In the event Owner is unable to commence construction within the time set forth above, Owner agrees to convey the Property to the City for the sum of One ($1.00) Dollar. Such conveyance shall be "as is" with no warranties. 3. Should the Owner fail to commence construction as set forth herein or default in the performance of.its obligations under this Agreement, the City may take such action at law or in equity or otherwise as it deems necessary, including an action for specific performance of any covenant contained in this Agreement. 4. This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, the Owner and City and their respective successors and assigns during the term of this Agreement. 5. The Owner and City may from time to time enter into one or more amendments of this Agreement, provided such amendments or supplements are in writing and are recorded and filed in the Official Records of Dade County, Florida. EXHIBIT 6. This Agreement shall be governed by the laws of the State of Florida.. 7. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Agreement. IN VTTIWBS bvT=OF, the parties have hereunto entered into this Agreement as of the day and year first above written. Signed, sealed and .delivered HABITAT FOR HILTMANTTY OF in the presence of: GREATER MIAMI, INC. By: Name: Date: CITY OF SOUTH MIAMI By: Name- Date STATE OF FLORIDA } } ss. COUN'T'Y OF DADE } The foregoing instrument was acknowledged before me this day of f 199 by as of Habitat for Humanity of Greater Miami, Inc., on behalf of Owner. He/she is personally known to me or has produced as identification and did take an oath. NOTARY PUBLIC Name: My Commission Expires: (Name of Notary Public Print,Stamp,or Type as Commissioned) Q Personally Known to me,or a Produced Identification• (Type of Identification produced) Q DID take an oath,or DID NOT take an oath 2 STATE OF FLORIDA } } ss. COUNTY OF DADE } The foregoing instrument was acknowledged before me this day of 1992 by as of City of South Miami, on behalf of the City. He/she is personally known to me or has produced as identification and did take an oath. NOTARY PUBLIC Name: My Commission Expires: (Name of Notary Public Print,Stamp,or Type as Commissioned) Q Personally Known to me,or Q Produced Identification: (Type of Identification produced) Q DID take an oath,or a DID NOT take an oath 4KALBRAM023UMMAGREPMEN 3 WEIL, LUCIO, MgNDLE$, C80L8-ND Sc STEELE PROFE55IONAL ASSOCIATION ATTORNEYS AT LAW 70t oRiCKELL AVENUE.SUITE 2000 MIAMI. FLORIDA 33131 TELEPHONE (305) LEFAX 12 August 26, 1994 TEEFAX (305)579.4722 Earl G. Gallop, Esq. Bailey Hunt Homes & Busto Courvoisier Centre, Suite 300 501 Brickell Key Drive Miami, FL 33131 Re: City of South Miami Sale to Habitat for Humanity Dear Earl: Enclosed please find a draft of the conveyance agreement. As you will note, I have structured it in the terms of a restrictive covenant running with the land. I have forwarded this document to my client and am awaiting their comments. Please notify me when you have confirmed whether we can make the agenda for the commission meeting on September 7, 1994. I would like to have a member of Habitat present at the meeting if any questions arise. In connection with the amended ordinance, a proposed legal description to be contained therein for the alley might be "the East 112 feet of that certain 'alley' lying West of and adjacent to the subject property, as closed per Ordinance 7-79-1029." Please call me with any questions or comments. Very truly yours, iY j . M dler JLM/ghd 4 H:\LIBRARY\aLI4.OQ3\LEITFRS\G ALLOP2 l M \ ORDINANCE NO. 1-93-1530 AN G1Mrb=CH 01P TRH MAYOR AAD CITY COM11SIGN OF THE CM OF SOUTH KIHRr, FLQRIDR AUTHORIZING THE SALE OF A PORTION OF THE "OLD SOUTH MIAMI PLANT NURSERY" LEGALLY DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR THE SUM OF S 1.00 UPON THE BASIS THAT THE SAID LAND IS NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; THAT QUALITY LOW COST HOUSING IS NEEDED IN THE CITY OF SOUTH MIAMI, FLORIDA; AND THAT HABITAT FOR HUMANITY HAS A PROVEN RECORD OF PROVIDING QUALITY LOW COST HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVS DATE. WHEREAS, the City of South Miami, Florida is the owner of the premises commonly known as the Old south Miami Plant Nuzzazy, legally described hersinbelov and hereinafter called the "promises"; and WHEREAS, the City of South Miami has not utilized the premises for some time, nor does it appear feasible to utilize the premises for any public purpose in the future; and WHEREAS, the Mayor and City Comsission find that there is a need for quality low cost housing in the City and that Habitat for Humanity Inc.. a non•prcfit corporation, has a proven record of providing such housing to persons who become homeowners, and therafore maintain the premises and pay ad valorem taxes to the City;; NOW, THEREFORE, BZ IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the City Administration be, and hereby is, authorized to sell to Habitat for Humanity Inc. the Old South Miami Plant Nursery, legally described as followss South 25.86 feat of Lot 116, University Park, Plat Book 18 at page 44 of the public records of Dade County, Florida= and Lot 117 , University Park, Plat Book 18 at page 46 of the Public records of Dads County, Florida; for the sum of t 1.00. Said proaises to be sold "as is", vith no wasrsnties, and with a deed reverter clause requiring nev singla Eamily housing according to City of South miamt Code Standards to be build vithin a period of eight manths Eros the exe=ticn of the Deed. Sect_ion 2. It any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent juLisdlcticn, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. section 3. All Ordinances or parts of Ordinances in conflict herewith be and the sane are hereby repealed. Section 4. This Ordinance shall take effect imaediately at the time of its passage. pABeED Ago ADOPTED this .� day of January, 1993. IPPROVEDs OR ATTE T, CIT 'ERK RnD AND APPROVED AS TO FORM! CITY ATTORNEY 2 City of South Miami INTER--OFFICE MEMORANDUM TO: Bill Hampton, City Manager FROM: Earl G. Gallop� G RE: 5901 S.W. 66th Street Conveyance to Habitat for Humanity DATE: August 8, 1994 This memorandum advises on the conveyance of the above referenced property. you will recall that a title problem resulted from the manner in which the city vacated an adjacent right-of-way. It is unclear whether } the right-of-way was conveyed to the referenced lot or reverted to the lot in the adjacent subdivision. If the vacated property was not conveyed to the lot, it is rendered unbuildable. The city's options were to ( 1) bring a declaratory judgment action in its own name to determine title to the property or (2) ask Habitat to bring the action in its own name after conveying the property to it. It is willing to (a) again request the adjacent property owners for a quick claim deed and (b) bring a_ declaratory judgment in its own name. It will prepare an agreement under which the city conveys the lot to it, it handles the title problem, and if it is unsuccessful, the lot will be re- conveyed to the city. I will advise you on the sufficiency of the agreement and the form of the deed when they are received. Please advise whether this arrangement is satisfactory to the city. EGG/sgs cc: Neil Carver, Mayor Dean Mimms ha 2.=o Cite of South Miami 6130 Sunset Drive. South Miami. Florida 33143 663-6300 November 10, 1994 Via telefacsimile 579-4722 Jeffrey Mandler, Esq. Weil, Lucio, Mandler, et al 701 Brickell Avenue, Suite 2000 Miami, FL 33131 Re: City of South Miami Sale of Real Property to Habitat for Humanity Dear Jeffrey: I want to take' this opportunity to acknowledge and to commend you for your pro bono services on behalf of Habitat for Humanity. This letter acknowledges and confirms your advice that Ordinance no4-93-1530, authorizing the sale of a portion of lot 116 and all of lot 117 in the University Park Subdivision to Habitat for Humanity, did not, by express terms, include 1/2 of the adjacent alleyway in the Franklin Subdivision that was vacated by Ordinance no. 7-79-1029 . While I think that the omission of the express terms of inclusion may be immaterial to the transaction, I believe that an amending ordinance will be useful to (1) satisfy a title insurance company that the city intended to include the stripe of land in the estate and (2) conclusively establish the city's intent to accomplish abandonment of the alleyway in a manner that creates buildable lots. Additionally, I previously advised you that Attorney's Title Insurance Fund will require a judicial determination of ownership of the abandoned alleyway because it was situated in the Franklin Subdivision which is adjacent to the City's lots in the University Park Subdivision. Abandoned alleyways are always divided at the centerline and go to adjacent lots, unless the alleyway is at the boundary of a plat. In such instances, court's look to evidence of intent concerning the abandonment. n "City of Pleasant Living" \ Jeffrey Mandler, Esq. November 10, 1994 Page 2 I requested Habitat for Humanity to undertake an action to determine title, and you agreed to handle the suit on its behalf . However, we recognize that it will be impossible for Habitat to both obtain a judicial determination of title and to complete construction within the eight month construction requirement that is contained in the city authorization. Accordingly, I will request the city commission to further amend the ordinance to toll the construction period until the title proceeding is complete. The amending ordinance requires two readings and a public hearing at the time of the second reading. The first reading of the ordinance will be scheduled for December 20, 1994 . The second reading of the ordinance will be scheduled for the commission meeting on January 3, 1995 . Please do not hesitate to call me if you have any questions regarding the subject matter of this letter. Very truly yours, -Earl G. Gallop EGG:sgs cc: Neil Carver, Mayor Eddie Cox, City Manager Rosemary Wascura, City Clerk manaler.ltr. la 351-0; Please reply to: 501 Hrickell Rey Dr., suite 300 Miami, FL 33131 City of South Miami (305) 374-5505 (305) 374-6715 (fax) 6130 Sunset Drive, South Miami, Florida 33143 663-6300 April 20, 1995 CERTIFIED XAIL RETURN RECEIPT REQUESTED P 333 087 564 D R U17PTRIN 1 Jeffrey L. Mandler, Esq. Weil, Lucio, Mandler, et al 701 Brickell Avenue, Suite 2000 APR 21 1995 Miami, FL 33131 Re: City of South Miami CITY MANAGER'S OFFICE Sale to Habitat for Humanity Dear Mr. Mandler: This letter transmits an original quitclaim deed, agreement and certified copy of Ordinance No. 1-93-1530A, relating to a transfer of real property lying in the Franklin Subdivision to Habitat for Humanity for Greater Miami, Inc. Please record these documents among the public records of Dade County and provide me a copy of the recorded documents. Also, you may consider the date of this letter as the commencement date for the obligations of Habitat for Humanity under 1 1 of the agreement. Please call me if you have any questions regarding the subject matter .of this letter. -Yc -., truly arl G. Gallop EGG:sgs Enclosures cc: Eddie Cox, City Manager Ann Manning ��] mandler.ltr D v C� �:/ MAY - 2 1995 D eee pan eseeee ease eeeeeeeeee„ "City of Pleasant Living" L Please reply to: 501 Brickell Rey Dr., Suite 300 Miami, PL 33131 City of South Miami (305) 374-5505 (305) 374-6715 (fax) 6130 Sunset Drive, South Miami, Florida 33143 663.6300 April 20, 1995 Mr. Michael A. Levine Supervisor T_1 Dade County Public Schools Division of Site Planning & Government Liaison Room 525 1450 N.E. 2nd Avenue Miami, FL 33132 Re: Lease of South Miami Field Our file no. : 9447-00 Dear Mr. Levine: This letter transmits three original copies of the above referenced lease agreement bearing the signature of Mr. Eddie Cox, City Manager, and the attestation of the city clerk. Upon execution of the agreement by the school board, please fill in the date of the agreement and return one original copy to me. Thank you for your courtesy and cooperation in this matter. Very truly yours, Ear-1. G. Gallop EGG:sgs Enclosures cc: Eddie Cox, City Manager levine.ltr "City of Pleasant Living" ORDINANCE NO. 1-93-1530A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 1-93- 1530, TO PROVIDE FOR MODIFICATION OF THE TERMS . AND CONDITIONS OF A CONVEYANCE OF REAL PROPERTY SITUATED IN FRANKLIN AND THE UNIVERSITY PARR SUBDIVISIONS TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC. ; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 5, 1993, the City Commission of the City Of South Miami enacted Ordinance no. 1-93-1530, which authorized the conveyance to Habitat for Humanity of Greater Miami, Inc. , of the south 25 .86 feet of Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the Public records. of Dade County, Florida; and, WHEREAS, the property was to be conveyed "as is" concerning the quality of the title and the physical condition of the property, and the purchaser was required to construct affordable single family housing within 8 months of execution of the deed; and, WHEREAS, a deed was not executed because a title problem exists concerning the vacation of an adjacent alley which, until corrected, renders the property unsuitable for constructing single family housing; and, WHEREAS, the Mayor and the City Commission find that it is in the best interests of the City to authorize an extension of the time of performance required by Habitat, to amend the legal description of the land to be conveyed and to authorize an agreement for the conveyance. NOw, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to sell to Habitat for Humanity of Greater Miami, Inc. , for the sum of $1.00 the real property legally described as: The South 25.86 feet of Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the public records of Dade County, Florida. Also, all the real property lying to the east of the centerline of a former alley running between Southwest 64 and 66 Streets, as depicted on the Franklin Subdivision plat, recorded in Plat Book 5 at Page 34 of the public records of Dade County, Florida, and lying east of Block 10 of the Franklin Subdivision and adjacent to the South 25 .86 feet of Lot 116 and Lot 117, as described on the University Park Subdivision plat. This authorization includes the power to execute deeds of conveyance, agreements and any other documents relating to the conveyance and the closing of the transaction. Section 2 . The agreement annexed to this ordinance as Exhibit 1 is approved. Section 3 . Habitat for Humanity of Greater Miami, Inc. is authorized to initiate a legal action on its own behalf and for the benefit of the City of South Miami to obtain a judicial determination that all of the real property lying to the east of the centerline of the alley vacated by Ordinance No. 7-79-1029, as amended by Ordinance No. 7-79-1029A, reverts to the real properties identified as Lots 115, 116 and 117 in the University Park Subdivision plat. In any action, Habitat shall act as an independent party to the agreement (Section 2) and it shall bear all the costs of litigation. Further, Habitat shall protect, hold harmless, indemnify and defend the City against all claims, liability, or costs arising out of this conveyance, the agreement, or any related judicial proceedings . The provisions of this section shall be incorporated into the agreement. Section 4 . If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5 . This ordinance amends Ordinan a No. 1-93-1530. All ordinances or parts of ordinances in nflict with the provisions of this ordinance are hereby repea d. Section 6 . This ordinance shall tak effe immediately at the time of its passage. PASSED AND ADOPTED this day , 1994. APPROVED: t MAYOR r ATT C CLERK MAYOR CARVER --- 1`! READ AND APPROVED AS TO FORM: CITY ATTORNEY habitat.ord 2 AGREEMENT This Agreement entered into this day of , 1994, between HABITAT FOR HUMANITY OF GREATER MIAMI,_INC., its successors, assigns and transferees of the property described below ("Owner") whose address is P. O. Box 560994, Miami, Florida 33256-0994 and the CITY OF SOUTH MIAMI ("City_") whose address is 6130 Sunset Drive, South Miami, Florida 33143. WITNESSETH : In consideration of the conveyance of the property by the City of that certain property more particularly described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property") to Owner, Ovmer covenants and agrees that in connection with the ownership of the Property, it will comply with the following: 1. Owner hereby acknowledges and agrees that the Property is being acquired for construction of new single family housing. Owner covenants and agrees that it will commence construction of a single family residence within eight (8) months and diligently proceed with completion of the residence in accordance with applicable City of South Miami Code Standards in effect at such time. Owner and City agree that the time restriction set forth in this paragraph to commence construction and all other obligations of Owner related thereto shall be tolled for such time as is necessary for Owner to determine ownership, use or other legal rights to the alley described in Exhibit 2. In the event Owner is unable to commence construction within the time set forth above, Owner agrees to convey the Property to the City for the sum of One ($1.00) Dollar. Such conveyance shall be "as is" with no warranties. 3. Should the Owner fail to commence construction as set forth herein or default in the performance of.its obligations under this Agreement, the City may take such action at law or in equity or otherwise as it deems necessary, including an action for specific performance of any covenant contained in this Agreement. 4. This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, the Owner and City and their respective successors and assigns during the term of this Agreement. 5. The Owner and City may from time to time enter into one or more amendments of this Agreement, provided such amendments or supplements are in writing and are recorded and filed in the Official Records of Dade County, Florida. EXHIBIT 1 _. 6. This Agreement.shall be governed by the laws of the State of Florida.. 7. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto entered into this Agreement as of the day and year first above written. Signed, sealed and delivered HABITAT FOR HUMANITY OF in the presence of: GREATER MIAMI, INC. By. Name: Date: CITY OF SOUTH MIAMI By: Name: Date: STATE OF FLORIDA } } ss. COUNTY OF DADE } The foregoing instrument was acknowledged before me this day of , 1992 by as of Habitat for Humanity of Greater Miami, Inc., on behalf of Owner. He/she is personally known to me or has produced as identification and did take an oath. NOTARY PUBLIC Name: My Commission Expires: (Name of Notary Public Print,Stamp,or Type as Commissioned) o Personally Known to me,or a Produced Identification: (type of Identification produced) a DID take an oath,or Q DID NOT take an oath 2 STATE OF FLORIDA } } ss. COUNTY OF DADE } The foregoing instrument was acknowledged before me this day of 1992 by as of City of South Miami, on behalf of the City. He/she is personally known to me or has produced as identification and did take an oath. NOTARY PUBLIC Name: My Commission Expires: (Name of Notary Public Print,Stamp,or Type as Commissioned) Q Personally Known to me,or Q Produced Identification: (Type of Identification produced) Q Dm take an oath,or U DID NOT take an oath 4H\t.t$RARY\OYMM\RE\AGREM4M 3 WEIL, LUCID, MANDLEE, C$OI-AXD & STEELE PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 701 6RiCKELL AVENUE. SUITE 2000 MIAMI, FLORIDA 33131 TELEPHONE (305) LEFAX iz August 26, 1994 TEEFA% (305)579.4722 Earl G. Gallop, Esq. Bailey Hunt Homes & Busto Courvoisier Centre, Suite 300 501 Brickell Key Drive Miami, FL 33131 Re: City of South Miami Sale to Habitat for Humanity Dear Earl: Enclosed please find a draft of the conveyance agreement. As you will note, I have structured it in the terms of a restrictive covenant running with the land. I have forwarded this document to my client and am awaiting their comments. Please notify me when you have confirmed whether we can make the agenda for the commission meeting on September 7, 1994. I would like to have a member of Habitat present at the meeting if any questions arise. In connection with the amended ordinance, a proposed legal description to be contained therein for the alley might be "the East 112 feet of that certain 'alley' lying West of and adjacent to the subject property, as closed per Ordinance 7-79-1029." Please call me with any questions or comments. Very truly yours, iY J . M dler JLM/ghd 4H:\LIBRARY\M34A03\LErf M\G ALIAP2 ORDINANCE N0. 1-93-1530 AN ORDINANCE 01P TRZ MAYOR AND CITY COMMISSIGN QF THE CITY CF SOUTH MIIIMI, FLORIDA AUTHORIZTNG THE SALE OF A PORTION OF THE "OLD SOUTH MIAMI PLANT NURSERY" LEGALLY DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR THE SUM OF s 1.00 UPON THE BASIS THAT THE SAID LAND IS NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; THAT QUALITY LOW COST HOUSING I9 NEEDED IN THE CITY OF SOUTH MIAMI, FLORIDA; AND THAT HABITAT FOR HUMANITY HAS A PROVEN RECORD OF PROVIDING QUALITY LOW COST HOUSING{ PROVIDING FOR SEVERIBILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN L7FECTIVE DATE. WHEREAS, the City at South Miami, Florida is the owner of the premises commonly known as the Old South Miami Plant Nursery, legally described herainbelov and hereinafter called the "premises"; and WHEREAS, the City of South Miami has not utilized the pzemisas tog some time, nor does it appear feasible to utilize the premises for any public purpose in the future; and WHEREAS, the Mayor and City Commission find that there is a need for quality low cost housing in the City and that Habitat for Humanity Inc.. a non-prcfit corporation, has a proven record of providing such housing to persons who become homeowners, and tharefore maintain the premises and pay ad valorem taxes to the City;; NOW, THEMORE, HE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section That the City Administration be, and hereby is, authorized to sell to Habitat for Humanity Inc. the Old South Miami Plant Nursery, legally described as followst South 25.86 feat of Lot 116, University Park, Plat Book 18 at page 44 of the public records of Dads County, Florida; and Lot 117 , University Park, Plat Book 18 at page 46 of the Public records of Dads County, Florida] for the sum of t 1.00. Said premises to be sold "as is", vith no vasranvias, and with a deed reverter clause requiring new single family housing according to City of South Miami Code Standards to he buLld within a period of eight months Eros. tht execution of the Deed. section 2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jusisdiction, then said holding shall In no way affect the validity of the remaining portions of this Ordinance. section ]. All Ordinances or parts of Ordinances in conflict herewith be and the sane are hereby repealed. Section 4. This Ordinance shall take effect imaediately at the time of its passage. PASSED AND ADOPTED this y� day of January, 1993. APPROVED: Al OR ATTE T: CIT LER1C READ AND APPROVED AS TO FORM! CITY ATTORNEY 2 of South Miami INTER—OFFICE MEMORAN3UM TO: Bill Hampton, City Manager FROM: Earl G. Gallop G RE: 5901 S.W. 66th Street Conveyance to Habitat for Humanity DATE: August 8, 1994 This memorandum advises on the conveyance of the above- referenced property. You will recall that a title problem resulted from the manner in which the city vacated an adjacent right-of-way. It is unclear whether } the right-of-way was conveyed to the referenced lot or reverted to the lot in the adjacent subdivision. If the vacated property was not conveyed to the lot, it is rendered unbuildable. The city's options were to ( 1) bring a declaratory Judgment action in its own name to determine title to the property or (2) ask Habitat to bring the action in its own name after conveying the property to it. it is willing to (a) again request the adjacent property owners for a quick claim deed and (b) bring a. declaratory judgment in its own name. It will prepare an agreement under which the city conveys the lot to it, it handles the title problem, and if it is unsuccessful, the lot will be re- conveyed to the city. I will advise you on the sufficiency of the agreement and the form of the deed when they are received. Please advise whether this arrangement is satisfactory to the city. EGG/sgs cc: Neil Carver, Mayor Dean Mimms ees.� Citij of South Miami 6130 Sunset Drive. South Miami. Florida 33143 663-6300 November 10, 1994 Via telefacsimile 579-4722 Jeffrey Mandler, Esq. Weil, Lucio, Mandler, et al 701 Brickell Avenue, Suite 2000 Miami, FL 33131 Re: City of South Miami Sale of Real Property to Habitat for Humanity Dear Jeffrey: I want to take this opportunity to acknowledge and to commend you for your pro bono services on behalf of Habitat for Humanity. This letter acknowledges and confirms your advice that Ordinance no4-93-1530, authorizing the sale of a portion of lot 116 and all of lot 117 in the University Park Subdivision to Habitat for Humanity, did not, by express terms, include 1/2 of the adjacent alleyway in the Franklin Subdivision that was vacated by Ordinance no. 7-79-1029 . While I think that the omission of the express terms of inclusion may be immaterial to the transaction, I believe that an amending ordinance will be useful to ( 1) satisfy a title insurance company that the city intended to include the stripe of land in the estate and (2) conclusively establish the city's intent to accomplish abandonment of the alleyway in a manner that creates buildable lots. Additionally, I previously advised you that Attorney's Title Insurance Fund will require a judicial determination of ownership of the abandoned alleyway because it was situated in the Franklin Subdivision which is adjacent to the City's lots in the University Park Subdivision. Abandoned alleyways are always divided at the centerline and go to adjacent lots, unless the alleyway is at the boundary of a plat. In such instances, court's look to evidence of intent concerning the abandonment. n "City of Pleasant Living" \ Jeffrey Mandler, Esq. November 10, 1994 Page 2 I requested Habitat for Humanity to undertake an action to determine title, and you agreed to handle the suit on its behalf. However, we recognize that it will be impossible for Habitat to both obtain a judicial determination of title and to complete construction within the eight month construction requirement that is contained in the city authorization. Accordingly, I will request the city commission to further amend the ordinance to toll the construction period until the title proceeding is complete. The amending ordinance requires two readings and a public hearing at the time of the second reading. The first reading of the ordinance will be scheduled for December 20, 1994 . The second reading of the ordinance will be scheduled for the commission meeting on January 3, 1995. Please do not hesitate to, call me if you have any questions regarding the subject matter of this letter. very truly yours, -Earl G. Gallop EGG:sgs cc: Neil Carve=, Mayor Eddie Cox, City Manager Rosemary Wascura, City Clerk maaalar.itr M E M O R A N D U M WJ �- TO: Steven C. Cronig ,° JAW 3, Q 19155 FROM: Earl G. Gallop / 0.0.......................e RE: Quit Claim Deed for Abandoned Alley File 9447-07 DATE: January 27, 1995 ------------------------------------------------------------------ This memorandum requests your assistance in reviewing the enclosed sketches of survey, ordinance abandoning an alleyway, and in preparing the requested- quilt.claim deeds from the City of South Miami to Habitat of Miami for Greater Miami. EGG/sgs Enclosures cc: Eddie—Cox 'Bill Mackey (w/enclosures),' cronig.ao HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need January 21, 1995 Earl Gallop, Esquire Bailey Hunt Jones & Busto 501 Brickell Key Drive, Suite 300 Miami, FL 331.31 RE: South Miami Abandonment of Alley/Ordinance 20-92-1515 Dear Mr. Gallop: Habitat for Humanity for Greater Miami is seeking to obtain title insurance policies on two pieces of property it owns in the City of South Miami. Both properties abut an alleyway which the City of South Miami abandoned in October 1992. To satisfy the exemptions of the title company a quit claim deed from the City to Habitat for Humanity of Greater Miami, Inc. is needed for 7.5 feet of the alleyway which reverted to the adjacent property owners. Would you be able to assist us with this matter? The pro bono attorney working on the title work for the first property listed below mentioned that the deed should allow for the existing utility easements. Following are the legal descriptions of the two affected properties: Lot 81, Block 13, FRANKLIN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 5, Page 34 of the Public Records of Dade County, Florida, less the North 10 feet thereof. Lot 92, Block 15, FRANKLIN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 5, Page 34 of the Public Records of Dade County, less the North 17.5 feet thereof. Enclosed are surveys for both properties and a copy of Ordinance 20-92-1515. Thank you. If you should have any questions, please feel free to call me. Respectfully,. Anne E. Mannin Assistant Executive Director ENC Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256-0994 / (305) 670-2224 rut-iu u7-YV6:J-au . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09 4025 015 0830 CD 80 MUNICIPAL 2373 2373 2373 T CITY OF SOUTH MIAMI CD PROP ADDR 90 SIN 66-ST 6130 SUNSET DR UNIVERSITY PARK PB 18-46 LU 0080 VACANT LAND - GOV ZN-0100 SINGLE FAMIL SO MIAMI FL 525.86FT OF LOT 1169 E11.25FT BDRMS 0 BATHS 0 LAST INSP / CO' OF ALLEY LYG W & ADJ CLOSED PER LAST SALE / UTJ 33143-5040 ORD 7-79-1029 ADJ SQFT PRICE PER SQFT LOT SIZE 1483 SQ FT . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09 4025 015 0840 CO 80 MUNICIPAL 17987 17987 17987 T CITY OF SOUTH MIAMI CD PROP ADDR Q5901 SW 66 6130 SUNSET OR UNIVERSITY PARK PB 18-46 LU 0080 VACANT LAND - GOV ZN-0100 SINGLE FAMIL SO MIAMI FL LOT 117 & E11.25FT OF ALLEY LTG BDRMS 0 BATHS 0 LAST INSP / CO & AA CLOSED PER•ORD 7-79-1029 LAST SALE / UN 33143-5040 LOT SIZE 11242 SQ FT ADJ SQFT PRICE PER SQFT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Single-Family(Two-Story) The single-family land use category is intended to provide for one residential dwelling unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with such parcel sizes provided that minimum parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of 10,000 square,feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. . Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations to the premises, or if such lot were created and first recorded in compliance with the zoning regulations in effect on the lot at the time of recording, and if such lot does not conform to the requirements of such regulations as to the width of lots and lot area, the provisions of such lot area and lot width regulations shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided such improvements conform in all other respects to the applicable zoning regulations provided that such platted lot is not less than fifty feet in width and has a frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and complete separate parcel designated as a lot,parcel, or tract as part of a subdivision plat recorded in the public records of Dade County, Florida. city of south Miami INTER-OFFICE MEMORANDUM TO: Bill Hampton, City Manager FROM: Earl G. Gallop G RE: 5901 S.W. 66th Street Conveyance to Habitat for Humanity DATE: August 8, 1994 This memorandum advises on the conveyance of the above- referenced property. You will recall that a title problem resulted from the manner in which the city vacated an adjacent right-of-way. It is unclear whether J the right-of-way was conveyed to the referenced lot or reverted to the lot in the adjacent subdivision. If the vacated property was not conveyed to the lot, it is rendered unbuildable. The city's options were to ( 1) bring a declaratory judgment action in its own name to determine title to the property or (2) ask Habitat to bring the action in its own name after conveying the property to it. It is willing to (a) again request the adjacent property owners for a quick claim deed and (b) bring a declaratory judgment in its own name. It will prepare an agreement under which the city conveys the lot to it, it handles the title problem, and if it is unsuccessful, the lot will be re- conveyed to the city. I will advise you on the sufficiency of the agreement and the form of the deed when they are received. Please advise whether this arrangement is satisfactory to the city. EGG/sgs cc: Nei Carver, Mayor Dea Mimms h=2.�o - ORDINANCE NO. 20-92- 1515 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN AS 60TH COURT ALLEY AND LEGALLY DESCRIBED HEREINBELOW; PROVIDING FOR BEVERABILITY; 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 aiid ltie public in and to any land in connection therewith; and WHEREAS, the Administration has recommended the vacating of that alley commonly known as 60th Court 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, there-fore , on Jul 28 1992 Y , 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 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, HE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section I . That the alley commonly known as 60th Court Alley and legally described i6jthe attached Exhibit "Al' within tAe 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 ULcuLiny that alley, revert to the ownership of the immediately adjacent properties . Section 2, Notice of the adoption of this ordinance by the Commission shall be a published onetime, within 30 days following t 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 iurisdiction, then said holding shall in no way affect the validity of the remaining portions 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 immediatel.y at the time of its passage . PASSED AND ADOPTER this --5—th day of October, 1992 . APPROVED: MAYOR ATTES)T: CITY ERK READ AND APPROVED AS TO FORM: CITY ATTORNEY �T 2 •y 1 W Paae 2 : Copy of current survey LEBfIL DEgM1prrIOM o, 15.0 fMt strio wide parcel of land adjacent FRAMICLIN SUBDIVISION. -- ln Plat Book , accordyrp to the _P` •:•� �... _•�.._ Florida, at Page 34 p* the Plat thereof, as reCOrpeO more Particularly vbllc Records of r oeacriold as ♦ollo�t Gaae County, Oi at the Northeast of Ftiw„s�1N SUJ,0IVltil�:corner of block saad thence 17� as shorn as ciao Plat 'Block 17. for Ocr.rttlerlY along the East corner of said a oastance of 100.0 f lane of Block 17i Easter Mt tO the Southeast 15.0 net to the SOUth t x esa d Block aiong the Easterly 15.0 f Iine Plot of FRANKLIN sw-n owt corner of Block 17 for • distance of of sago SUBDIVISION thence 18 as shown on saaa Block 18 for a dastance Northerly aloe Corner of said BIOC► of 100 felt g the west lane t0atndar IS, t^ef+ce w to the Northwest r lane of saad FRANKLIN est along tM fret to the Point of SUBDIVISION for a lost Northerly Beginning, distance of 15 TOGETHER WITH, 0091n at the Northeast o} FRANKLIN SUBDIVISIONt`or�r of Block 16. as sho", saaa Block tfeA" Southerly alan as sand plat 16 for d dlstame of 2UU t 9 the East l the of Of sago Block Lb thence E 'foot t0 the Southeast Corner the rwest line "vr1y along the Easterly extension of Of said Bloc► 16 for a distance 9outtw.est corner of Blocr 15, I mown da SUBDIVISION of 15 toot to the 15 for a i thence NOrtherly alOn .aid plat of FRANKLIN distance of 2c0o feet. 9 tM west lane Ot silo Bloc►. Blatt 13: thence to C1e Northwest f1Ort►+ Lane wester 1 v along the corner of sago Point of °? said Block Westerly extension 0, thL Beginning. 15 for A distance of 15 feet to the TOOET?ER w I TH: Begin at the Northeast Of FRANKLIN SUBDIVISION:corner of.-RTOCk at, as shown on sago plat of sago Block 13 for a thence Southerly along the Easter Corner said distance Of Iv line of ekt`nsepon of the South 1' thence Easterly along LtheSE stwrly fee the lane said Block 13 for a f FRANKLIN Southwest corner Of block 14. as s distance of 15 to SUBDIVISION= thence Northerly along on said saiO block 14 for a plat of Lain Distance of 200 feet g the west line of Block 14 thence wester LO the Northwest Corner b"tr�'ng• line of saaa Block 14lyforOnggt�ef sterlytextennsion at to TOGETHER WITH, Begin at the saad plat of F�rtMast Corner at Easterl, RNKLIN SUBDIVISION: Lot 69. Block 12 as shown on Tine df Laid thence +theist corner o SOU therIv Oxtenesor. of Lot61b9t l• f r a distance 100 }eetong the distance Ot tai Souther. thence Easter of rw 15 fee} ,n t'a.nda►v of lY along the Easter of Iv on terI alit Of FRgpr►1tle Southi"'fit Corner osaid S:--CK 12 for a ezerly line of said 8UWDfV15lON: t 81t: k 11 as shown Northwest Elocr li for fence Northerly aeon Westerly corner of a distance df 9 the extension dr saaa -61oc. 11 : lOCr fret to the distance d} 15 tent tM North line thence «hesterlY aloe to tore Fnit:t of o1 along block 11 9orh 8eganninq, • r Pp — `) L - 00 AFPiicant: Administration Reauest: Anandonment f �� �liev n�i'r•� •'CT^ The Cit.✓ Administration wishes to close the alle r our: cn �ae Atlas r°aular Puti : c Mao. This public right-Of-way that is designated a: -� t:�oroughfare . The property will revert -0 does ^ot serve as . �° Fr=Nate cwnersr.i;, RrC��iENC TT�N Staff recommends approval Of Administration's request. 6 VW 1-9 30 9 I r io MCI ` 1 4 ' ' !?' � P J mil' '- V 175 S It 7 d 9 Q , , s 6 5.. , sr, i a _Ip • S *R ACY _� -� .s S! ' 9 .iii �f •e, - " . !• �\ I C•Aq ACT , 'O? •¢» >� f849 �1 - u ,.0 4 - — L !� c �ti• S . JM .t.. .-,, Sri `Y r b I•�� / •f�'TT 6o`" Court Alley a [e, Pace Copy of current survey IPoint e/ geglMiing 'E corner Lot Il �dOQa �idOQW �© �4nd QGRQGIC�Q Point of Beginning NE. corner Lot 93 + g - o . o i It L 03 UCCW ev iz g � 0 © Y Ord ��" Point or Beginning a NE.corner lot BI r, _ o ' r IL'�Q $© 83rd YRQR&CIS Point of BEginning NE. carnal- let Bg • ®yoga � � 8 ®a.oQa mm 8 6 0t° COt7Tt A 1 1 n.• Y Area map indicating subject properties and mailing area 111 ''•t.�r1�` < _7;^�� �,„"\{,..i– 3 � . ice' —•±�' _w— '_• ..w. .... �.••A•{•^�_�*, ._ ,-r`-`•.� "r--^ 'rte-•=�. _� L _ r.• / . I • LL: Imo , ,;:....., J L �? `� �#: i .� I:, :ire•+.. � _ .•/ ,•�.._•� y.c iw►r.aw .E lIA ffG AftA Aap[.zcay►: —� � -w4ER: lT� MIr.1l5T RAT loV"1 '91V RETERENCE: W 1�F�ANt�ON ME►J'r ComoOs, P11.1_E�t {, Sci if A CITY or SOUTH )AIAN1) chic pIANNING 60AQD .n errene •� 6 0" COUrt A 1 1 P., .. _ M I N U T E .S Planning Board Ar Tuesday, August 11 , 1992* City Commission Chambers 7 : 30 PM I. Call to order and the Pledge of Allegiance to the Flag of the U.S.A. II. Roll Call. Present Abse= Manuel Gutierrez Cindy Thorner Robert Parr John Lefley Dianne Wright Larry Ligammare Also present: Planner Mackey and Board Secretary Delisa. III . Approval of the Minutes of July 28 , 1992. Mr. Parr made a motion to approve the Minutes of July 28 , 1992, with the following addition on page 3 , line 21: "The reason for the approval of this request is that the property has 180' of lot frontage, which is an important consideration " . Seconded by Ms. Wright. Vote: Approved as amended: 4 Opposed:1 0 Abstention: (Ligammare) IV. Public Hearing: PB- 92 -- 005 Applicant: City Administration Request: Abandonment of alley � or�Q aQ� .a.«, a Moo mm=0 w tes ac+m.,eimo �a f■aa u aamoe feces is, z>►Mmsre, ova or z= as 4W "�!• siaeraa. ems sus • as e� a s� copes eaa s� Sao= 17. rote a Y>,r�d rsafeo a�►amar �s Mome� �RAW�� sa nns f�raema°rv� v ioo.o ear se eoo:aaa meeet or gam 1Q IKASM as 10 ai Q m r 0M �EXAM 17 1�n a �v OQ1�7s Z a« !'a Lfaa or ago raw ss:Q �r �s°eats s a��Z a ii sass ®ays�o eas eramr Ram ras a°��s°�s.AD 80131010 1°v ages 2A raw �r v ae�a. �s afro �s sAM s M. a z� Q To Q�m�ae sam�gar ®�°�°'� ar goo V"T or �=oasr lrssasQ v as ran vo a• aofeear 70Qrfaa[vaa ae♦�i � bra or a .af�s r� ���s afro I mans"M_ L�S�=�]Q =1 A&foO�a1Qa Sam r"T or" S f�! Or gyp. = FIRM van�LZ:� rm ai "M PLAT rr"no 1� X13 !O!j�al p Q 14 1n+rafes a`aoo tar so m anaseae e+ gam' ias afeas PB Minutes 08-11-92 1 t+sttmna a{o0�g�Lt Ql=v or W=Or Ya WOQ 14 !Q is PEW To 7= or N C toat�t/itlt �mea aT to wal�O or tae N. no= la as a a61 SLED tu!Or rmasL 0 MAWCWZ�l tssLS �a also to mas:ma LUe Or Sam Stag ti t a Dxwnt a ano ! to to ssmmas: 00� or toe got Luca T3=lW "L tss SLSltaLY I=N S Or T= dmxm s vcxnL=! or Sam Stag &a lQ & vmff T Or is t� to t dlwm f!046ta of tmsaa u as s M Sam WLLT Or MUM= S NNNLVZ at SSSts SOSTL—- &Lama Hit S�y L.ta Or SLED MAM LS taw a DtsraS or 100 rQT to V= SOSlWmmr a or Salt) MMM ill "==f66t! x Ala TED! wffm f T xx� Or TM t� LI Or SLED Loma L l is & Lrrs:as or 1s fmit! TO T r0731r Or NWRZXN�. Mr. Eisenhart read the request. Staff reported that all of the requests on agenda come from the City Administration on the premiss that these public right-of-ways no longer serve as public thoroughfares or never did and if the City abandons them, the property will revert to private ownership. In the cases of all the alleys except one, each alley will be divided equally down the middle between property owners on either side. In the case of 63rd Terrace, the original plat included only 1/2 street, the other side was not dedicated ,therefore, all the property would revert to the property owner in Aurora Gardens Subdivision since it is only 1/2 a street. Existing utility easements will remain. Access agreements must be determined between property owners themselves. Staff recommends approval. Chair deems public hearing to be open asking those present wishing to speak either for or against this request. Dirk Holkeboer, Exec. Director for Miami Habitat for Humanity signed in to speak in favor of the request. Habitat has two parcels located on this alley. There being no one, else to speak for nor anyone to speak against this request, Mr. Gutierrez called the public hearing closed and declared the meeting to be in executive session. Mr. Parr made a motion that the Board approve the-request made by City Administration made for PB-92-005 as submitted. Seconded by Mr. Eisenhart. Vote: Approved: 6 Opposed: 0 s BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW RAUL A. ARENCIBIA COURVOISIER CENTRE • SUITE 300 OF COUNSEL GUY B. BAILEY, JR. 501 BRICKELL KEY DRIVE LAWRENCE S. EVANS KATHY J. BIBLE J. BRUCE IRVING MERCEDES C. BUSTO MIAMI, FLORIDA 33131-2623 ROBERT E. SCHUR SCOTT L. CAGAN TEL. (305)374-5505 TIMOTHY CONE FAX(305) 374-6715 SENIOR COUNSEL STEVEN CARLYLE CRONIG WM. R. DAWES JAMES C. CUNNINGHAM, JR. GEORGE J. BAYA RICHARD M. DAVIS EARL G. GALLOP - JUDITH B. GREENE RICHARD H. HUNT, JR. BRUCE HURWITZ JESSE C. JONES JOHN B. LEVITT Wednesday, June 22, 1994 Ms. Sonia Lama, AIA A ; Building & Zoning Director City of South Miami, Florida �a�u� 241994 6130 Sunset Drive South Miami, FL 33143 BZCD RE: Vacation of Alley / Habitat Proposal for Old Nursery Site Dear Ms. Lama: We have received your memorandum, originally addressed to Martin D. Berg, Esquire dated October 9, 1992, regarding vacation of the alley located adjacent to the City's Old Nursery Site. I have reviewed the plats of University Park Subdivision and Franklin Subdivision, together with the text of City Ordinance No. 7-79-1029, dated March 6, 1979, filed for record in Official Records Book 10345 at Page 2150 of the Public Records of Dade County, Florida and the Minutes of the meeting at which the Ordinance was approved. Your memorandum poses two questions. The first is whether the Ordinance, as filed, was legally sufficient to vacate the alley. It is our opinion that the Ordinance, as filed, was legally sufficient to vacate the alley, which separates Blocks 9 and 10 of the Franklin Subdivision from Lots 115, 116 and 117 of the University Park Subdivision, since it identifies sufficiently the location of the alley within the Ordinance. The second question is, to which property owners does the alley revert upon its vacation? The statement made by Mr. Moore in the Minutes that one half of the alleyway would go to the owners in the Franklin plat and one half to the owners in the University Park plat is not essentially correct. Ms. Sonia Lama Wednesday, June 22, 1994 Page 2 From the face of the plat, the land underlying the alley in question was originally part of the Franklin Subdivision. The general rule in Florida is that where there is no contrary intention stated in the plat, upon vacation of a street or alleyway, title to the vacated street or alleyway is vested in the immediately adjacent lot owners to the centerline of the vacated street or alleyway. Burkart v. City of Fort Lauderdale, 168 So2d. 65, (Fla. 1964.) This rule is the proper and logical result when the street in question is located between lots contained within one plat. Uncertainty arises, however, when the dedicated street or alleyway is located at the perimeter of a plat, but actually abuts lots within another plat, as is the present situation. In Calvert v. Morgan, 314 So2d. 436, (1st DCA, 1983, reh. den. 1983,) a situation almost identical to the present situation occurred. A thirty foot right of way was located on the perimeter within the Spanish Point Drive subdivision in Jacksonville, which was platted in 1961. The plat dedicated the right of way "irrevocably and without reservation." In 1976, the Tontine Road subdivision plat was recorded, which was adjacent to the right of way. The City of Jacksonville abandoned the right of way in 1980. The Court in Calvert held that the boundary line was properly set by the trial court at the midline of the abandoned right of way, even though this resulted in title to one half of the right of way being vested in owners within the Tontine Road subdivision. Essentially, by dedicating the right of way without any reversionary provision, the grantor allowed the City to do whatever it wanted with the right of way property if it ever vacated it. The Calvert case would be diapositive of the present situation, but for one element; the grantor of the Franklin subdivision specifically reserved a reversionary right in the alleyway should it ever be abandoned by the City. An old case addresses the issue indirectly. In Caples v. Taliaferro, 197 So. 861, (Fla. 1940,) the Supreme Court stated that when a street is platted on the margin of the grantor's land, a conveyance of the land abutting the street carries fee ownership to the entire width of the street, unless a contrary intention is expressed. In that case, however, the Court was considering an issue involving littoral rights and the decision cannot support a general rule that perimeter lots include a reversion to the entire width of a vacated perimeter street. Attorneys Title Insurance Fund has indicated that until there is a Florida Supreme Court case which directly addresses the issue, ownership of an abandoned street lying on the perimeter of a plat should be judicially determined. If lots 115, 116 and 117 are otherwise buildable, it would be possible for the City to convey title to the Nursery lots, together with any rights to ownership of the vacated alley which may be vested in the City, without making any warranties about the rights to the alley. If the Nursery lots are unbuildable without the additional land comprising one half of the width of the alley, then if the City wishes to utilize these lots or convey them for the purpose of construction, the City either will have to bring a declaratory judgment action to determine ownership or make express disclosures and disclaimers about the uncertainty concerning -ownership of the alley land. BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION,ATTORNEYS AT LAW COURVOISIER CENTRE,SUITE 300,501 BRICKELL KEY DRIVE,MIAMI,FLORIDA 33131-2623•TELEPHONE(305)374-5505 Ms. Sonia Lama Wednesday, June 22, 1994 Page 3 I hope the foregoing is helpful. If you have any further questions, please call me. Sincerely, BAILEY HUNT JONES & BUSTO n a le Cronig cc: Earl G. Gallop, Esquire BAILEY HUNT JONES & BUSTO - A PROFESSIONAL ASSOCIATION,ATTORNEYS AT LAW COURVOISIER CENTRE,SUITE 3 00,501 BRICKELL KEY DRIVE,MIAMI,FLORIDA 33131-2623 TELEPHONE(305)374-5505 CJtU of south Miami INTER- OFFICE MEMORANDUM TO: Bill Hampton, City Manager FROM: Earl G. Gallop(/ RE: Vacation of Alley/Habitat Proposal for Old Nursery Site 5901 S.W. 66 Street DATE: June 23, 1994 This memorandum requests directions on the further handlings of a real property title matter. . Habitat for Humanity of Greater Miami proposes to buy lot 117 in the University Park subdivision. The 'lot is located in the University Park subdivision plat. It (and lots 115 and 116) is 45.76 feet wide. The city previously abandoned an alley that was located entirely within the adjacent Franklin Subdivision plat and granted J of the alley, 11.25 feet, to lots 115-117. Consequently, the survey for the property shows that the lot width is 57.01 feet. It is my understanding that a 45.76 foot lot is unbuildable because of the setback requirements. On October 9, 1992, Ms. Sonia Lama, in response to a direction from the city commission, requested the former city attorney to determine whether the property in the abandoned alleyway in the Franklin subdivision plat- was properly divided at the center line and granted to the adjacent owners in the Franklin and University Park subdivision plats. The request was re-directed to me and, in turn, I asked my f'irm's real property lawyer for an opinion. As stated in his June 22, 1994 letter, there is no direct judicial authority on point and the Attorneys Title Insurance Fund requires a judicial determination of ownership in every case. I would like your advice whether the city intends to proceed with this proposed transaction. If so, we should (a) evaluate the current configuration (existing structures, accessory buildings, location of fences) and uses on lots 115-117, and in the adjacent subdivision, to determine whether the owners have made use of the properties to the old alleyway centerline, and (b) decide whether the city or Habitat should bring an action to quiet title to the property lying in the former alleyway to the centerline. _ I await your advice on this matter. EGG/sgs , Enclosure cc: Mayor Neil Carver Dean Mims Sonia Lamas eamPCoA,�o �• C=TY OF SOUTH M=AM2 © INTER-OFFICE MEMORANDUM ro i Martin D. Berg Date$ October 9, 1992 City Attorney rye= Sonia Lama, AIA :e= Habitat Proposal Bldg. & Zoning Di c or Old Nursery Site At the October. 5, 1992 City Commission Meeting, the Commission requested that the Building and Zoning Department investigate the potential for use of the property that previously served as the City's nursery facility as a single-family residential homesite. It has been discovered during research that this property which is located in the University Park Subdivision includes half of an adjacent alley; however, it is evident from the plat maps that this alley is actually part of the plat of Franklin Subdivision. 'The Department has compiled the necessary research items for your review and these are attached. Please advise, attachments: r Plat of University Park Subdivision Plat'of Franklin Subdivision Ordinance # 7.-79-1029 Excerpted Minutes from March 6, 1979 --VC W^ k- D oc, rF Z �fv Ap�w :lot z -4 y N iso '. - Ui — ... ` � :� .• °rte ' < � � ^g - ¢ i .�._ r— � . 1 _ r i S y I + C �1 i I • +OIOCK 1 l BLOC a BLOCK al 4 • i � i i � e BLOCK 6. !• �7•i�{-a in J p IA �ql L OLOCK 10 — . . IO� r . _ � Iri �.. _ ,:f. • '' 1' is p .71t. v r. tit: a t }•p f y , , - � 63579 I • � --j All �1 � °s ' l� 4,;� �� •d eb SW.58rh. AYE-3: S{N,y, ; S? -AYF �e 4 S W,5777f. COU.4T k lk I F 4 a< Oi is I ii A c a u A?OA O --- s .. 279 R-0 29 F1I s +/• 79R 91604 k�c 10345 2 I50 ORDINANCE NO. 7-79-1029 AN ORDINANCE OF THE CITY OF SOUTH MIAMI. FLORIDA, ABANDONING AND VACATING A CERTAIN DESCRIBED ALLEY LOCATED BETWEEN SOUTHWEST 64TH STREET AND SOUTHWEST 66TH STREET, SOUTH MIAMI, FLORIDA, WHICH ALLEY SEPARATES Blocks 9 AND 10, FRAMMIN S[BDIVISIOIZ ON THE WEST, AND LOTS 115, 116 AND 117 OF UNIVERSITY PARK SUBDIVISION ON THE EAST, AND WHICH Al LEY IS FURTHER OUTLINED IN BLUE ON T11AT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE, RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. WHEREAS, the City hnsdetermined that it is in the best interest of tl�e City that the alley heretnafter described :e abandoned and vacated, and WHEREAS, the City has no need for the alley hereinafter abandoned and vacated, and WHEREAS, it would be to ti-.e interest of t'e general welfare of the citizens of the City of South Miami to atsandon and vacate the alley hereinafter referred to. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR A ND CITY COMMISSION OF THE CU TY OF SOUTH MIAMI, FLORIDA: Section 1. That all that land shown as "alley" lying tx;tween So:ithweat 64th Street and Southwest 66th Street in the City of South Miami, Florida, whtcl, alley separates Blocks 9 and 10, Franklin Subdivision, on tl,e West from Lots 115, 116, and 117 on the East, and which alley is further outlined in blue on that certain sketch attached to this Ordinance, ne and tf e same is hereby abandoned and vacated. Section 2. ;The City retains the right to maintain, operate, repair and replace by Itself or by any licensee or a holder of a franchise Prow the City any noles, Wires Piece, cord.rits, sewer mains, wster mains, or any other facility or eq:.iprnent for the maintenance or operation of anv utility now located in the alley or portion thereof abandoned or vacated ,y this Ordinance •� Nw 1%: I V P;2151 FcC Soct� 3, This Ordinance shall take effect immediately at the time of its passage. PASSED and ADOPTED 0486 day of March 19 °9 APPROVED: CC Mayor Attest: i` •." tY Cleric . to , Pisa / / s. oa if;ai+�ding: 2 6/79 �.•... �r"n6= 3/'6/79 oft i :•t , • w CERTIFICATION 1, Amie M. Glazer, City Cleik in and for the City of South Fleridc, do h!:reby Cer;4ty this l'inp t r to ,r,:•:�n a tree rxi correct py da dof 1 /; ; to the records of the City of Scgitit Miami. Giver. under:ry hano.! r.-u; ,!tr Seal f South R4ir-mi, 71.a, day of p�� �, Bq ►� I r X43, tsa ,. -2- 1 i, * Next item on the Agenda, No. 5, was . an Ordinance captioned as follows : Ordinance No. 7-79-1029 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ABANDONING AND VACATING A CERTAIN DESCRIBED ALLEY LOCATED BETWEEN SOUTHWEST 64TH STREET AND SOUTHWEST 66TH STREET, SOUTH MIA1T. j FLORIDA, WHICH ALLEY SEPARATES BLOCKS 9 AND 10, FRANKLIN SUBDIVISION ON THE WEST, AND LOTS 115 , 116 , AND 117 OF UNIVERSITY .PARK SUBDIVISION ON THE EAST, AND WHICH ALLEY IS FURTHER OUTLINED IN BLUE ON THAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE, RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. At this time Commissioner Bowman left the Commission Chamber because of a conflict of interest. Mayor Block declared Public Hearing to be in session. He asked anyone caring to speak for or against the Ordinance to step forward at this time . There being no one caring to speak for or against the Ordinance the Public Hearing was deemed to be closed. Moved by Vice Mayor Gibson that this be considered the Final Reading of the Ordinance in its entirety, and it be adopted and ass-igned the next number by the City Clerk. Motion on the Ordinance carried by the following roll call : "Yeas" Commissioner McCann, Commissioner Andrews Lantz, Vice Mayor Gibson and Mayor Block . "Nays" - None . - Commissioner Bowman was not present at voting. * Mayor Block said at this time he would like to bring up a matter that was tabled at. the Commission Meeting. of February 20, 1979 . The City Attorney had made recommendations and he would like him to instruct the Commission and any interested parties that may be at the Meeting at this time. Mr. Moore said he would explain the City' s legal position with regard. to this property. In regard co the alleyway, one-half of it will go to the people who live there and the other half will go to ,the land that is owned by the City. As to the land that is now owned by the City, he has been advised by Building and Zoning Department that they will have two (2) buildable lots . These lots can be platted and sold at the market price, -6- 3/6/79 rim 11412/93 11:48 '&305 ° 5 3088 � � ` (j0.02 in 375 c2112, MEMO Date: `l ct To: Environmental Resources Management From: Subdivision Control Legal Description: `� �� cam) (,0 Cp STIR I lAL C7s1, 14 2� (a o L rt t, Ea S-� off" A, U0 U PI�kT . P2 �� ` �� 6� � The above described site has been reviewed by Subdivision .Control 'and: Requires Legal Subdivision. 0 Conforms to our Regulations. Other (Comments) . SCO A2L If platted include: Tentative No. Waiver No. - %` f ICI NH i ITK� T ,PP gned: 14-./12/93 11:48 W05 '°"5 3089 _ Z002 1� 1 I � ►� w I S-I' . MEMO Date: '�olj To: Environmental Resources Management t From: Subdivision Control loLb°1 CQo T-H Legal Description: I-O--r (v , $LoGr-- 4-5 The above described site has been reviewed by Subdivision Control -and: Requires Legal Subdivision. I CB/ Conforms to our Regulations. Other (Comments) . If platted include: Tentative No. /? , Waiver No. / � •�" t��Gi�if Signed: , GG (-PHONE CALL FOR DATE TIME/ � A e M OF TELEPHONED RETURNED PHONE YOUR CALL ALL AREA CODE NUMBER I EXTENSION EASE CALL FAX# — MESSAGE WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU SIGN G s r. f/ 1112/93 11:48 '$303 `°5 3089 (J:002 MEMO W Date: �G To: Environmental Resources Management From: Subdivision Control Legal Description: 6 W 1 The above described site has been reviewed by Subdivision Con 1 'a d: Requires Legal Subdivision. 1 Conforms to our Regulations. r � Other (Comments) . v If , platted include: Tentative No. z- --�' f/ ' Waiver No.— r Signed: F 11412/93 11:48 x'305 3089 Q002 1 MEMO f ' Date: I a To: Enironmental Resources Management g meet From: Subdivision Control Legal Description: r �L-{�l 1�► �✓ l� I oN _ i The above described site has been reviewed by Subdivision Control and: Mr/ / Requires Legal Subdivision. %��ff Q Conforms to our Regulations. ,y l/ Other (Comments) . I If platted include: Tentative No. Waiver No. � � w J Signed: I 12/93 11:48 `&305 'y 3089 . fJ002 i MEMO Date: To: Environmental Resources Management From: Subdivision Control i Legal Description: (e O'7 I . w ,,3 to;,p UYls c C The above described site has been reviewed by Subdivision Con' tr*ol and: Requires Legal Subdivision. /171.!1 Conforms to our Regulation Other (Comments) . i If platted include: Tentative No. Waiver No. Signed: / � r _ ORDINANCE NO . 1-93-1530 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA AUTHORIZING THE SALE OF A PORTION OF THE "OLD SOUTH MIAMI PLANT NURSERY" LEGALLY DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR THE SUM OF S 1 . 00 UPON THE BASIS THAT THE SAID LAND IS NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; THAT QUALITY LOW COST HOUSING IS NEEDED IN THE CITY OF SOUTH MIAMI , FLORIDA: AND THAT HABITAT FOR HUMANITY HAS A PROVEN RECORD OF PROVIDING QUALITY LOW COST HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami , Florida is the owner of the premises commonly known as the Old South Miami Plant Nursery, leaallv described hereinbelow and hereinafter called the "Premises"; and WHEREAS, the City of South Miami has not utilized the premises for some time, nor does it appear feasible to utilize the premises for any public purpose in the future; and WHEREAS, the Mayor and City Commission find that there is a need for quality low cost housing in the City and that Habitat for Humanity Inc . , a non-profit corporation, has a proven record of providing such housing to persons who become homeowners, and therefore maintain the premises and pay ad valorem taxes to the City; ; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section 1 . That the City Administration be, and hereby is, authorized to sell to Habitat for Humanity Inc . the Old South Miami Plant Nursery, legally described as follows : South 25. 86 feet of Lot 116, University Park, Plat Book 18 at page 46 of the public records of Dade County, Florida; and Lot 117 , University Park, Plat Book 18 at page 46 of the public records of Dade County, Florida; for the sum of $ 1 . 00 . Said premises to be sold "as is", with no warranties, and with a deed reverter clause requiring new single family housing according. to City of South Miami Code Standards to be build within a period of eight months from the execution of the Deed . Section 2 . If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance . Section 3 . All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4 . This Ordinance shall take effect immediately at the time .of its passage. PASSED AND ADOPTED this 5th day of January, 1993 . APPROVED: ATTEST: MAYOR C CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 r' 6 j1 1r RESOLUTION NO. . 28-93-9372 A RESOLUTION OF THE ' MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA APPROVING A REQUEST PURSUANT TO SEC. 2:0-3 . 5 (E) OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO ALLOW A SIDE INTERIOR SET BACK OF SIX ( 6 ) FEET WHERE SEVEN ( 7 ) FEET AND SIX ( 6 ) INCHES IS REOVIRED IN THE R6-4 ( SMALL LOT SINGLE FAMILY) DISTRICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI , FLORIDA FOR THE PROPERTY KNOWN AS 5901 S .W. 66TH STREET, SOUTH MIAMI , FLORIDA 33143 (A SINGLE FAMILY RESIDENCE) AND LEGALLY DESCRIBED HEREINBELOW WHEREAS► Habitat-- for--Humanity----r-equested the P-lane-ing Board - of the City of South Miami , Florida to recommend approval of variance from section 20-3 . 5 (E) of the Land Development Code of the City of South Miami to allow a side interior setback of six ( 6 ) feet where seven, ( 7 ) feet and six ( 6) inches is required in the RS-4, (Small Lot Single Family) District for the property known as 5901 S .W. 66th Street, South Miami, Florida 33143 (a single family residential property) , which property is legally described as follows : The South 25 . 86 feet of Lot 116 and the East 11 . 25 feet of Alley lying West and adjacent closed per ORD 7-79- 1'029 AND Lot 117 and the East 11 . 25 feet of Alley lying West and adjacent closed per ORD 7-79-1029, UNIVERSITY PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 18 at Page 46 of the Public Records of Dade Country Florida . WHEREAS, Staff recommended approval; and WHEREAS, on February 9, 1993, the Planning Board voted to recommend approval of the request by. a 7 - 0 vote; and NOW, -MREF`ORE, - �E I-T RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section 1 . That the request of Habitat for Humanity for a variance from Sec . 20-3 . 5 (E) of the Land Development Code of the City of South Miami to allow a side interior setback of six ( 6 ) feet where seven ( 7 ) feet and six ( 6) inches is required in the RS-4 (Small Lot Sinale Family) District for the nrooerty knnwn as 5901 S .W. 66th Street, South Miami, Florida 33143, be, and the same hereby is, approved . PASSED AND ADOPTED this 2nd day of March, 1993 . APPROVED : MAYOR ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 w �► CITY Off' SOUTH M=AM2 INTER-OFFICE MEMORANDUM To: Sonia Lama, AIA Date: March 1, 1993 Building & Zoning Director From: Bill Mackey Re: Requested Information Planner Per Vice Mayor Cooper's request, the following homes surrounding the old nursery site have front setbacks as listed below: ADDRESS SETBACK ADDRESS SETBACK 6401 SW 58 COURT 16-' - 9" 6521 SW 59 AVENUE 251 - 0" 6471 SW 58 COURT 191 - 0" 6531 SW 59 AVENUE 25,1 .- 1" 6501 SW 58 COURT 50' - Oct 5878 SW 66 STREET 251 - 7" 6517 SW 58 COURT 25' - 0" 6400 SW 58 PLACE 291 - 7" 6401 SW 59 AVENUE 25' - 1" 6410 SW 58 PLACE 6401 SW 59 AVENUE 251 - 1"' 6420 SW 58 PLACE 291 - 7" 6411 SW 59 AVENUE 25' - 1" 6430 SW 58 PLACE 25' - 1" 6421 SW 59 AVENUE 28' - 7" .6500 SW 58 PLACE 29' - 7" 6431 SW 59 AVENUE 29' - 7" 6510 SW 58 PLACE 291 - 7" 6441 SW 59 AVENUE 25' - 1" 6520 SW 58 PLACE 25' _ 1" 6501 SW 59 AVENUE 29' - 7" 6530 SW 58 PLACE . 291 - 7" 6511 SW 59 AVENUE 251 - 1" 6540 SW 58 PLACE .251 - 0" Please, note that the front stoops which are a part of some of these homes are not included in the setback of record. Most of these stoops are less than three feet, but some may have columns which would today be included in order to determine the setback. UA 13 RESOLUTION NO . 102-92-9306 A RESOLUTION DENYING A REQUEST FOR A VARIANCE FROM SECTION 20-3 .5 E OF THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF EIGHTEEN FEET WHERE TWENTY FIVE FEET IS REQUIRED IN THE RS-3 "MEDIUM LOT SINGLE FAMILY RESIDENTIAL" DISTRICT BY MICHAEL HODES FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI , FLORIDA , FOR THE PROPERTY KNOWN AS 6285 S .W . 70TH STREET , SOUTH MIAMI , FLORIDA , 33143 , AND LEGALLY DESCRIBED HEREIN . Moved by Mayor McCann , seconded by Vice-Mayor Cooper , the resolution be adopted and assigned the next number by the City Clerk . Mayor McCann ,deemed public hearing in session . 1 ) Michael Hodes , 6285 S .W. 70th . Street , addressed the Commission to explain his application . �He has amend_e hi_o1 C'2% 1 i c a C`2: n'a.n d= s=n o w_o h-1-y--_s-e-e-k i n g—a v-a-r-i-a-n-c-e-f o_r--a-._.c a n_o_p y__i n trout of�t=h�---house .� This item was deferred , temporarily , in order for the City Manager , applicant and City Attorney to review the amended application . Moved by Mayor McCann , seconded by Commissioner Carver , this be deferred for a short period of time . Motion passed 5/0 : Mayor McCann , yea ; Vice-Mayor Cooper , yea ; Commissioner Banks , yea ; Commissioner Carver , ye.a ; Commissioner Cooper , yea. #11 RESOLUTION NO . A RESOLUTION DENYING A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A "MOBILE AUTOMOBILE WASH/WAX SERVICE" USE IN THE L0 , MO , NR, GR, I AND H DISTRICTS OF THE CITY PURSUANT TO SECTION 20-3 .4(B) ( 20) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY ALVARO TELLEZ FROM THE PLANNING BOARD OF THE CITY OF SOUTH, MIAMI , FLORIDA. Moved by Mayor McCann, seconded by Vice-Mayor Cooper and Commissioner Banks , the resolution be adopted and assigned the next number by the City Clerk. Mayor McCann deemed public hearing in session . It was noted that the applicant was not present at the meeting. CCM —7— 8/18/92 rjw = C=Z'Y OF SOUTH M=AM= INTER-OFFICE MEMORANDUM To: Sonia Lama, AIA Date: March 1, 1993 Building & Zoning Director Frog: Bill Mackey Re: Requested Information Planner Per Commissioner Bass's request, please, find the following list of variance applications for setbacks at single-family residences and the resulting decisions from the last three years. Copies of the Resolutions are available from the Office of the City Clerk. VARIANCE REQUEST ADDRESS PB VOTE CC VOTE _ REAR AND SIDE 6300 SW 41 ST DENIAL DENIAL REAR 6302 SW 41 'ST DENIAL DENIAL — SIDE ACCESSORY 6333 SW 69 ST APPROVAL DENIAL REAR FOR POOL 5885 SW 84 ST DENIAL DENIAL - SIDE SETBACKS 4308 SW 62 AVE DENIAL DENIAL - INTERIOR SIDE 6060 SW 85 ST APPROVAL DENIAL REAR 6865 SW 64 ST APPROVAL DENIAL— REAR 6295 SW 58 PL APPROVAL DENIAL REAR FOR POOL 6489 SW 72 ST APPROVAL DENIAL HABITAT FRONT 6083 SW 63 ST APPROVAL APPROVAL HABITAT FRONT 6050 SW 63 ST APPROVAL APPROVAL n HABITAT FRONT 6040 SW 62 TR APPROVAL APPROVAL -INTERIOR SIDE 6330 SW 42 ST APPROVAL DENIAL — \ _ INTERIOR SIDE 16374 SW 42 ST APPROVAL WITHDRAWN — REAR FOR POOL 5861 SW 58 PL APPROVAL DENIAL \ NTE OR IDSE 5541 SW 64 PL APPROVAL APP OR VAL — HABITAT FRONT 6091 SW 63 ST APPROVAL APPROVAL HABITAT FRONT 6100 SW 62 TR APPROVAL APPROVAL HABITAT FRONT/SIDE 6040 SW 62 TR APPROVAL APPROVAL v „/ REAR FOR POOL 6351 SW 62 TR APPROVAL DEFERRED �/" FRONT SETBACK 6285 SW 70 ST DENIAL PPROVAL - HABITAT FRONT/REAR 6075 SW 63 TR APPROVAL PENDING HABITAT INTER SIDE 5901 SW 66 ST APPROVAL PENDING HABITAT FRONT/REAR 6061 SW 63 ST APPROVAL PENDING • ® • HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need January 27, 1993 City of South Miami 6130 Sunset Drive South Miami, Florida 3.3144 Attn: Sonia Lama Building and Zoning Department Re: Variance Application Letter of Intent/Hardship Statement Lot 117 and South 25 . 86 feet of lot 116 of the University Park Subdivision (5901 S.W. 66 Street) Dear Ms . Lama: Habitat for Humanity .of Greater Miami, Inc. hereby requests yard setback variance to be able to build a three-bedroom, one-bath house on the above referenced lot. This corner lot was donated to Habitat by the City of South Miami . Although this is a lot of record it is extremely narrow. Mayor Cathy McCann has informed us that it is the intent of the city to dedicate the abandoned alley that runs along the side of this property to Habitat. However, until that time this hardship requires us to seek a variance for the side set back for the entire length of the property: The specific variance requested for this lot is as follows : Side 613" (716" required) A Of note is the fact that the variance required to build these Habitat for Humanity ; houses are in line with the goals and objectives of the Citys- comprehensive plan (see page 3 . 14, Plan page 85, Housing, Goal 1, Objective 1 . 3, Policy 1 . 3 . 1 and 1 . 3 . 2 . ) Thank you for your consideration of this matter.. Please call me if you have any questionslat all . Si rel i Di of eboer Executive Director Habitat For Humanity of Greater Miami / P.O, Box 560994/ Miami, FL 33256-0994 / (305) 670-2224 Citu of South iam, 6130 Sunset Drive, South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant• Phone: p - 2 2 Z Property Owner:H Signature: Phone Nu CL 3 32 5 Represented By:J Organization: Address: Phone: � -1 -zzz Architect/Engineer: eeO XU M Phone: 2 S H Owner ,4 Option to purchase _ Contract to purchase Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) 161 t1 Block Subdivision Ur)iJe_r-S1J _Pa PB la_- b Sc,"1-1-t 2 5.8(0-p-a o f In+116 1 Metes and Bounds: Township Section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance Special Use Rezoning Text Amendment to LDC Text Amendment to Comp Plan PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: SECTION: SUBSECTION: PAGE #: AMENDED DATE: SUBMITTED MATERIALS Letter of intent Statement of hardship Reasons for change: from owner/tenant inherent in the land list justifications Proof of ownership - Power of- attorney Contract to purchase Current survey 7 copies of Site Plan Required fee(s) for within 3 years 1 reduced @ 8.5" x 11" cost of advertising * ,. The undersigned has read this completed application and represents the information and all submitted mftteTials furnished are true and correct to the best of the applicant's Zne n l f. C�CEC�71U� �►ecc.7v2 Date Applicant Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications ' found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED ZONING PETITION Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following Request(s) : Name Date Address 6. ` 2 -7:3 6Ha! sw eve Z 3 ' 4. - 9 IAJ 6• _ 3 w` `f3 3 / S• rw 9, Zoning Petition 1 February 9, 1993 ZONING PETITION (Continued from Page 1) Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the request(s) listed on the preceding page. Name Date Address a _ 63 3 LL �-3 S GW , 4-6 , .Co �Y r S'. Zoning Petition Page 2 of 2 N O']c-T C—= (DIP P L 1B T3 _T C CITY OF SOUTH MIAMI Building & Zoning Dept 6130 Sunset Drive, 2nd Floor Fax #: ( 305)., 666-4591 South Miami, Florida 33143 Phone: (305) 663-6325 On Tuesday, February 9, 1993 , at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. P1E3-- IS) 3 - 003 Applicant: Habitat for Humanity Request: Variance from Section 20-3 .5E of the Land Development Code to allow a side interior setback of six (6) feet where seven (7) feet and six (6) inches is required in the RS-4 Small Lot Single-Family Residential District. Legal: The South 25.86 feet of Lot 116 and the East 11.25 feet of Ailey lying West and adjacent closed per ORD 7-79- 1029 AND Lot 117 and the East 11. 25 feet of Alley lying West and adjacent closed per ORD 7-79-1029, UNIVERSITY PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 18 at Page 46 of the Public Records of Dade County, Florida. Address: 5901 S.W. 66th Street South Miami, Florida 33143 (A residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH_ RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286 .0105) PLANNING BOARD AND CITY COMMISSION. PUBLIC HEARINGS WILL BE HELD IN THE CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS,, MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING AND ZONING DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. 9PT4= S ]E _—� A COURT��Y N®'3r'ZCE 7 A' 3 css7 ® ( n j S 4 3 2 1 6 `-' 9 .� 4 b 5911 53e�1 �'a"•6320 5918 591? 5900 6135 21 ® �� o B 5 i 7�, 9 10 c e 3 " S ' ,J,'t L � c,53 S9J7- 59 S9)j- !5909-! J G 6345 6350 LSn , 933 9 :5919 :5911 i i v � .E.. 9a.-, 's,•... 41 Np� 3:' -� cl 4 X640 ?i 2 %64-7_ 5 81 roc 62 61 r.. 42 rr 41 44 _ ,6411 '?9 6412-I — ( °"J' rra ,•, 2,, ,r s �+ ,s z..• �. 6472 15 ,r ® - 6407 6400 6407 6400 6- 642 6d 5 30 C' u I g� 63 60 4 40 ;U 6428 1, r 6429 i 6428-30 v 64'43 -- 64.11 6410 v 6_417 64)p 4j 6 42 64434 6442-44 V 6445®, .�4 6421 6420 6421 6420 6 4 456 6461 En, 55 58 a 8 6 5c R �� � 47 64710 ° _6437 6430 6431 6430 6_- —� S-6 647.1 sus� �5Q , 77 .. ._ . . 6 - •0 - - -- � � 5 7 `—U54 6484,9 ,� '' �' 6441 _ 6440_ �' 64.41 6440__ �. �" 64 �� b - —� © 63 117 56 6500 50� 5170 6501 I v� '� 4� 41 '� 4 r as s' .a 2 6501 6500 6501 f 61 6576-18 �s�•� 75 .'P vi 556511 1�4 a8 C' A4 J 6511 6510 6570 E �� ---- 6532 36 0520 ` ,/ (Be 511 n rr v e, 6520 1S. 6521 6521 Ste' . '•- ' r . 6351- ,� � -, '� .�.,. A4r_ c + p�4� rA Ol 50 ' �O � a (J� ,43 c s 6 4 , 6531 6530 6537 65301 QS 5$75 65¢0 ?._ 584 6 40 5 � 66th. � S1 ���� j5928 5972 5906 B9c 58600 58605656:5Vb 5— 5934:5830.8-0`58.c 1}INS £SU8DN/S1 F 6625= �9l -i Q. 6643-49j> l e� ( _ 56th d4m9 1 S . � •�.., �3� � • 59C5 5887 ---- -0l!T"� i�Ljf r 1 5929 5923 59,'3 5907 5895 5889' 67th. ST, e: .> e, - :<-.ha LEE �A?K APPLICANT: ��� o(L gu/,-i A ti y OWNER: MAP REFERENCE : Y`� f Compass fin} CO�'L'�1ENTS : Scale : ±5 1 00 01- SOISA-e4L Date . Drn �? .Chk . . . . . Hearing No CITY of MOM MIAMI � PLANNING a0A RD of?� . ® City of Sautli M.ia.Yni �® BUILD=NG ANI.� ZON=NG 6130 Sunset Drive, South Miami , FL 33143 NOT=C E OF PURL=C HEAR=NG On Tuesday, February '9 , 1993 , at 7 :30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. On Tuesday, March 2 , 1993 , at 7:30 P.M. in the Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearing on the following matter. PB-93-003 Applicant: Habitat for Humanity Request: Variance from Section 20-3 .5E of the Land Development Code to allow a side interior setback of six (6) feet where seven (7) feet and six (6) inches is required in the RS-4 Small Lot Single-Family Residential District. Legal: The South 25. 86 feet of Lot 116 and the East 11. 25 feet of Alley lying West and adjacent closed per ORD 7-79-1029 AND Lot 117�. and the East 11. 25 feet of Alley lying West and adjacent closed per ORD 7-79-1029, UNIVERSITY PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 18 at Page 46 of the Public Records of Dade County, Florida. Address: 5901 S.W. 66th Street South Miami , Florida 33143 (A residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286 .0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE COMMISSION CHAMBERS IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI , FLORIDA, 33143 , AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. BOARD RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING AND ZONING DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE DEPARTMENT AT CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI , FLORIDA, 33143 . REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. TH= S = S A C OURT E S Y N OT I C E HABITAT JONES PARKER P.O. BOX 560994 8877 SW 127 TERR _ 10685 SW 181 ST MIAMI FL 33256-0994 SO MIAMI FL 33176 MIAMI FL 33157 DADE COUNTY HUD COOPER BERRY 1401 NW 7 ST BLDG C 15272 SW 103 CT 5913 SW 67 ST MIAMI FL 33125 MIAMI FL 33.157 SO MIAMI FL 33143 CHURCH OF GOD BROWN BERRY 6610 SW 59 PLACE 16441 SW 292 ST 1190 SW 88 ST SO MIAMI FL 33143 HOMESTEAD FL 33033 MIAMI FL 33150 RICHARDSON DANIELS WEIT 5879 SW 58 TERR 3250 FROW AVE 775 NE 79 ST, STE B SO MIAMI FL 33143 MIAMI FL 33135 MIAMI FL 33138 MILLER LONG STEWART/SOWELLS 5978 SW 66 ST 5834 SW 66 ST 6601 SW 59 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 MURRAY SANCHEZ S+R RENTALS 5982 SW 66 ST '5836 SW 66 ST 13344 SW 73 TR SO MIAMI FL 33143 SO" MIAMI FL 33143 MIAMI FL 33183 MILLER SPANN HOUSE OF GOD 6457 SW 60 AVE 5848 SW 66 ST 1150 SW 141 ST SO MIAMI FL 33143 SO MAIMI FL 33143 MIAMI FL 33176 PARKER TURNER HUMES/HOLMES 7455 SUNSET DRIVE 5856 SW 66 ST 9760 SW 83 ST SO MIAMI FL 33143 SO MIAMI FL 33143 MIAMI FL 33173 THOMAS ASHER JACKSON P.O. BOX 561 5860 SW 66 ST 5899 SW 67 ST MIAMI FL 33142 SO MIAMI FL 33143 SO MIAMI FL 33143 WILCOX SR ANNE PRICE HOLMES 6609 SW 66 TERR 5880 SW 66 ST 5889 SW 67 ST SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 BARKSDALE LBD DEV THOMAS 7625 S CALUMET 19435 NW 43 AVE 5871 SW 67 ST CHICAGO IL 60619 OPA LOCKA FL 33055 SO MIAMI FL 33143 Habitat Old Nursery Site Page 1 of 4 PENDERGRASS WHITE WESLEY 6400 SW 58 AVE 6531 SW 58 PL 6420 SW 58 PL SO MIAM FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 BRADLEY REED DAVIS 5830 SW 58 TERR 6521 SW 58 PL 6430 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 BOOKER POWELL/MILLINGS MAYNOR 6420 SW 58 AVE 6511 SW 58 PL 6440 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 ANDERSON SYLVESTER BURCH 6430 SW 58 AVE 6501 SW 58 PL 6500 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 GANDY FUNCHESS LOVETT 6440 SW 58 AVE 6441 SW 58 PL 6510 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 DEVANE READON FLOWERS 6500 SW 58 AVE 6431 SW 58 PL 6520 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 CIOCHON HARTMAN MILLER/KELLY 6510 SW 58 AVE 6421 SW 58 PL 6530 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 BROWN FERGUSON WILLIAMS 6520 SW 58 AVE 6411 SW 58 PL 6540 SW 58 PL SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 WESLEY GREEN HILL 6530 SW 58 AVE 6401 SW 58 PL 6531 SW 59 AVE SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 REDDEN HUSTON FLEMING 6540 SW 58 AVE 6830 MAYNADA ST 5875 SW 66 ST SO MIAMI FL 33143 C GABLES FL 33146 SO MIAMI FL 33143 BANNERMAN JACKSON BING 2115 NW 86 ST 6410 SW 58 PL 6521 SW 59 AVE MIAMI FL 33147 SO MIAMI FL 33143 SO MIAMI FL 33143 Habitat Old Nursery Site Page 2 of 4 BUTLER/BENTLEY MILLER MITCHELL 6511 SW 59 AVE 6411 SW 59 PL 6471 SW 59 CT SO MIAMI FL 33143 SO MIAMI FL, 33143 SO MIAMI FL 33143 BELL PERRY BOWMAN 5885 SW 60 AVE 6221 SW 62 TERR 6250 SW 60 AVE SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 READON/DELL ST JOHNS AME POWELL 6431 SW 59 AVE 6461 SW 59 PL 6501 SW 59 CT SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 BENNETT WORRELL C TROOP BROOKS 6421 SW 59 AVE 5822 SW 59 ST 9915 PAN AMERICAN DR SO MIAMI FL 33143 SO MIAMI FL 33143 MIAMI FL 33189 MYERS/LOVETT GIVINGS GAMBLE 6411 SW 59 AVE 6500 SW 59 CT 3200 NW 48 TERR SO MIAMI FL 33143 SO MIAMI FL 33143 MIAMI FL 33142 McFADDEN/COLZIE HOLMES BUGGS 6401 SW 59 AVE 6516 SW 59 CT 6603 BAYMEADOW CT SO MIAMI FL 33143 SO MIAMI FL 33143 McLEAN VA 22101 JOHNSON SAWYER PITTMAN 6443 SW 59 CT 6401 SW 59 CT 5931-33 SW 64 ST SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 i PITTMAN KNIGHT JOHNSON 8895 SW 126 TERR 6566 SW 59 CT 881 POST AVE SO MIAMI FL 33143 SO MIAMI FL 33143 ROCHESTER NY 14619 BROOKS/BRYANT HALL HOLTON 14780 PIERCE ST j 14324 SW 108 CT 3521 FLORIDA AVE MIAMI FL 33176 SO MIAMI FL 33143 MIAMI FL 33133 MONTGOMERY ROBINSON JOHNSON 6442 SW 59 PL 6445 SW 59 CT 5925-27 SW 64 ST SO MIAMI FL 33143 SO MIAMI FL 33143 SO MIAMI FL 33143 SMITH/THOMPSON JACKSON PROCTOR . 3624 FLORIDA AVE 6461 SW 59 CT 10031 S LOWE, MIAMI FL 33133 SO MIAMI FL 33143 CHICAGO IL 60628 i Habitat Old Nursery Site Page 3 of 4 GIBSON 6345 SW 59 AVE - SO MIAMI FL 33143 DIALS 6350 SW 58 PL SO MIAMI VL 33143 STALLINGS 6255 SW 59 AVE SO MIAMI FL 33143 METRO-DADE PLANNING SUITE # 1220 111 NW 1 STREET MIAMI FL 33128 �I �I �i i d i Habitat Old Nursery Site Page 4 of 4 ii I , BU=LD=I�TG A�7D ZON=�G DEPMENT ��YMENT OF FEES!F=NE S CODE ENFORCEMENT FINE E R P B _jeL-----PLANNING BOARD OTHER FEES 2 DATE: ACCOUNT NO. : NAME: ADDRESS: FOLIO NO. : c DESCRIPTION: � I HEARING/MEETING DATE: — L REFERENCE NO. : - AMOUNT: li WITNESS: RECEIVED BY: d i VALIDATION FINANCE USE ONLY i TAX FOLIO NAM E ADDRESS d/ T D�3 - oo/a Vic- C' l �o/ Nt4 "7 S4 �5vc� D2 - Do% �r✓f U��� orC-704TD 5 e7 (/ I M + q0z s w s-r o c)7 7 ASS SuN -i`Ao "A 53/0 / llo LCox s2- C0(00� svq 6 7-c-:�a fz- Ma o lsb 0/60 (,' (ZK's DIA-C 7025 S CALUME7_1 D � 7° foNES 000 7� 5v\/ 7 -r6ee, -33 /'7& U i of 3 S,72 Sw e Z S W 330 3 00 -3 (boy A'j I7C-LS ��290 {- AWE Day' -f- r� ���-j C-- Sv3 SIN (0 5T X31�3 00(o +-0 3 (,tv 3 /Y3 Ur b 7 PA �,A (4 60 57 �� 000 M+ TAX FOLIO NAME ADDRESS D� ` alYd NNE 2-(CC SUDS Sv�1 -`CO C� ST 0/70 P- ctE�P,-- Nogs Sw /0 l v v �9/ 5 w �7 ST 330 3 alto H -5 En Il o s vJ �� sr 33 /rj0 `7 o 2r?D 2 V� E I �7 5 Ne '7� `fir SUITE SUITE g �T OZ-(o sTEwA-(2--r soNeL.L-S &&a/ ?L 531Y3 o? Z, w 73-rn -3 3 23v SS E o-F� 6-c>-cm. 1152-o ; 5 w I Yl 5T 3317)(o bzS o - oZs° v s M s 7�o SW o 3 -Sr 35,73 oho ;- OzZ0 O2rib J A-�-K<,�j 3 /Y 05/o V h- e 5 65) 7 S T- d 3zo b 33 v -rYv M A.s 5 w (,:�,-Z S T - As s v — o0 boo O� "--M vJ � A-,j t> �y � � y A-v-- Z. C Vt� c (P�b0 5 vJ eta CR0tJ &Vo s � ' 0�-60 D 5 V4 3 1 3 TAX FOLIO NAME ADDRESS vs� ,- �- �� 2.//5 law H &c5 2-1 S W 95 PL aSS o 1-:->w z� H I L.LIIQ GS U5 V Y/ S w PL- s O 0 C �a� Co v 3/ 5 vq o Pc- 05-?0' P f M f I Ap--FMA► l� 4�� S v\ 59 Pt--- 0 &oo l4-m 2C uSotJ Co ` /I S W <5-8 PC U�Zo l 0 STD r J IT 33 �3p L JAtc-KSc)0 6�Yl o Svw PL 6p yo E sGF V2-o sV4 5� b fA+ tA 7j 6o S Vd : 58 f C� p l v Yz ct- 61J S v lac vJ Sv lam'c� �- 1 j J�IC LE2 I<ELC� c"95-30 Syy W Lut 05-YO SW 0 5-3 l 5 W A - U s// Svc S q Ave- 0 60 o-7nv l2��vj Y3I SV� �y b? 7 �c� N T ((2,c Svc s q e �a�11C'0L-z,E �� ( -vv 1 i � lJi TAX FOLIO NAME ADDRESS 010 44" 6 C)9 7x- k:fS Z5 4 PT Z°0l rEr2 S 3 �i - D�Zo 5 1774 �, 34e,2— 1-.--A - 6 33e33 a2,1,o { oz3u a z 1 i 0 (evo 2,-7 { 0 2�a CLu e-tz-- 5 w 5 q pt 00 a3zo ( z � - ST. T6 fffj s k-� s PC- _ 033 � j o3&o { 03�� r v3°Ia NORP cLL (! " TAP So -22 S v,4 � - i E TAX FOLIO NAME ADDRESS Y&o 0 70 S at SAW Ctz- vo/ 5V4, o 5-2,0 (o S wC OT 3 0 o S-Yd OS T6 0-F 7 7PO Z) O SAD T c s -j S W �! (�Do U(7-cHF-LC_ (oV71 SV� s &za `ol sV�l 5q e74 0636 �R.mo s ��15 ?A,,,, AHep, �a O&S-Z) X103 w ZZ o P' 0 CL 3 - DZ�� f 1TT7�-t� 5931 - 3 3 v� F-°�sue' ''►� � 03 ' I� 3S- I A 5313 3 oZ�l� :To 44 7 Sv\/ 0 21,ill '0 � n a 3 LoW� C H-1 C-Atr ou 000D � S S\j ORDINANCE NO. 1-93- 1530 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA AUTHORIZING THE SALE OF A PORTION OF THE "OLD SOUTH MIAMI PLANT NURSERY" LEGALLY DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR THE SUM OF S 1 . 00 UPON THE BASIS THAT THE SAID LAND IS NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; THAT QUALITY LOW COST HOUSING IS NEEDED IN THE CITY OF SOUTH MIAMI , FLORIDA; AND THAT HABITAT FOR HUMANITY HAS A PROVEN RECORD OF PROVIDING QUALITY LOW COST HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami , Florida is the owner of the premises commonly known as the Old South Miami Plant Nursery, legally described hereinbelow and hereinafter called the "premises"; and WHEREAS, the City of South Miami has not utilized the premises for some time, nor does it appear feasible to utilize the premises for any public purpose in the future; and WHEREAS, the Mayor and City Commission find that there is a need for quality low cost housing in the City and that Habitat for Humanity Inc . , a non-profit corporation, has a proven record of providing such housing to persons who become homeowners, and therefore maintain the premises and' pay ad valorem taxes to the City; ; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section 1 . That the City Administration be, and hereby is, authorized to sell to Habitat for Humanity Inc . the Old South Miami Plant Nursery, legally described as follows : South 25. 86 feet of Lot 116, University Park, Plat Book 18 at page . 46 of the public records of Dade County, Florida; and Lot 117 , University Park, Plat Book 18 at page 46 of the public records of Dade County, Florida; for the sum of $ 1 . 00 . Said premises to be sold "as is", with no warranties, and with a deed reverter clause requiring new single family housing according to City of South Miami Code Standards to be build within a period of eight months from the execution of the Deed . Section 2 . If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance . Section 3 . All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. it Section 4 . This Ordinance shall take effect immediately at the time of its passage . PASSED AND ADOPTED this 5 _ day of January, 1993 . APPROVED: YO ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 Xt4 29'S3�'�' % �! ��( 4TURN� ATTEMPTED tdOT�tN01 +1 l �= 2 � � R e �FLA, ar Me. No SUCH NUMBER 3014163 —� City of South Miami 5E1D£13 jIALS -� � 6130 Sunset Drive, South Miami, Florida 33143 NoUTE No. CARR/ia1 j MONTGOMERY 2 6442' SW 59 PL SO "MIAMI''FL33143- "City of Pleasant Living" 2 3 css7 �J 18 JS3 iW 5 4 3 i 1 nI c 4 5918 59i? 332d 5912 5900 6333 *'.<•6320 u �. 6A/ 7—. / 9 r0 0 7 B 5 S J•-i 590- 5909-- 'YS7f 6345 6750 9J3 9 .5919 5971 94 "i� f �f0 6 C O n. 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ST ,' LEE -;A,-?K APPLICANT: �(T�'r o � 9U/,-( ANIT I OWNER: MAP REFEREI:CE : �p�p ( BEET Compass C O M..'1'E NT S : 6u c> Jl/i11eSEPI, S ITS) AS Scale lc� oZ 51D �ETl3 Date . Drn Chk . . . . . CITY T T`' OF MOW JAIAMI f4s PLANNING 50ARD Bearing No. O�� . ® City of Sc:)outlZ M1aM1 BLJ=L.D=NG AND ZONING 6130 Sunset Drive, South Miami , FL 33143 NOTICE OF PUBL=C HEARSNG On Tuesday, February 9 , 1993 , at 7 : 30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. On Tuesday, March 2 , 1993 , at 7: 30 P.M. in the Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearing on the following matter. PB-93-003 Applicant: Habitat for Humanity Request: Variance from Section 20-3 .5E of the Land Development Code to allow a side interior setback of six (6 ) feet where seven (7) feet and six ( 6) inches is required in the RS-4 Small Lot Single-Family Residential District. Legal: The South 25. 86 feet of Lot 116 and the East 11 . 25 feet of Alley lying West and adjacent closed per ORD 7-79-1029 AND Lot 117 and the East 11. 25 feet of Alley lying West and adjacent closed per ORD 7-79-1029, UNIVERSITY PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 18 at Page 46 of the Public Records of Dade - County, Florida. Address: 5901 S.W. 66th Street South Miami , Florida 33143 (A residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE COMMISSION CHAMBERS IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, 33143 , AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE 14ADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. BOARD RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING AND ZONING DEPARTMENT BY CALLING 663-6325 OR BY WRITING TO THE DEPARTMENT AT CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI , FLORIDA, 33143 . REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. 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