Loading...
11-01-05 Item 14CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor & Date: November 1, 2005 City Commission Agenda Item # From: Maria V. Davis RE: Abandonment of R -O -W City Manager SW 50 Street RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION FOR FUTURE VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63RD AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH MIAMI; SAID ABANDONMENT SUBJECT TO THE CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND GENERAL PEDESTRIAN ACCESS; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND AND ANALYSIS: This item was before the City Commission at its June 14, 2005 meeting. Following a public hearing and discussion the item was deferred. The City has received a request from three of five abutting property owners requesting the abandonment and vacation of an unimproved portion of SW 50 Street west of SW 63 Avenue in order to alleviate concerns about illegal parking and security. It is important to note that this is not a legal petition, as general law requires all abutting property owners to consent to the abandonment. The matter is being brought to the City Commission at the request of a Commissioner. At present the City has no plans to use the unimproved right -of -way for vehicle traffic (egress and ingress). STAFF OBSERVATIONS (1) The three owners submitting the request state that the abandonment will improve security and increase the development area potential on their abutting lots. (2) The subject unimproved right -of -way appears park -like and contains a through sidewalk and several large and mature trees all which could be removed if the property was vacated and conveyed to each adjoining property owner. (3) The actual vacation or abandonment requires all abutting owners to consent and sign a petition. It appears that there is opposition to the request for full abandonment of the right -of -way. The staff has met with one abutting owner who is opposed to the request as submitted; however, he supports a compromise leaving ownership with the City but eliminating any future use of the property as a street with traffic. (4) The City of South Miami and the abutting property owners could be better served by abandonment of the future use of the unimproved right -of -way as a street for vehicle traffic with the City retaining ownership and control of utility easements and the open space. (5) The City could improve security for the property by construction of physical barriers, use of signage and landscaping. RECOMMENDATION: It is recommended that, as an alternative to the request, the City should take the following actions: a) Adopt the attached resolution abandoning the unimproved right -of -way as a street for vehicle usage (egress and ingress); (b) The City retains ownership of the unimproved right -of -way and control of all existing utility easements located thereon and the open space; (c) The subject right -of -way should be improved with appropriate signage, physical barriers and landscaping in order to eliminate illegal parking and to provide security. Attachments: Draft Resolution and attachment (sketch of plat) Citizen petition Fla. Stat. 336.09, 336.10, 336.12 Public notices MD /DOD /SAYE: \Comm Items\2005\1 1-1 -05\Street Closure SW 50 St Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION FOR FUTURE VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63RD AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH MIAMI; SAID ABANDONMENT SUBJECT TO THE CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND GENERAL PEDESTRIAN ACCESS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alleyway, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the City of South Miami has received a request from abutting property owners requesting the abandonment and vacation of an unimproved portion of SW 50 Street west of SW 63 Avenue in order to alleviate concerns about illegal parking and security; and WHEREAS, the City has no plans to use the unimproved right -of -way for vehicle traffic; and WHEREAS, the abandonment of this unimproved right -of -way would allow the abutting property owners to assume ownership of the property and allow for expanded development on their property; and WHEREAS, the vacation and abandonment of this unimproved right -of -way requires all abutting property owners to consent to the abandonment; and WHEREAS, the subject unimproved right -of -way appears park -like and contains a through sidewalk and several large and mature trees all which could be removed if the property was vacated and conveyed to each adjoining property owner; and WHEREAS, the City of South Miami and the abutting property owners could be better served by abandonment of the future use of the unimproved right -of way as a street for vehicle traffic with the City retaining ownership and control of utility easements and the open space; and WHEREAS, the City of South Miami could improve security for the property by construction of physical barriers, use of signage and landscaping. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That all of the land shown as "unimproved right -of way" on the sketch of plat attached to this resolution, said property generally described as an "unimproved right -of -way I portion of SW 50th Street located west of SW 63rd Avenue, and said unimproved right -of -way 2 being 50 feet wide and 192 feet long more or less, running east and west, is hereby abandoned as 3 a street for vehicle usage (egress and ingress). 4 5 Section 2. The City shall retain ownership of the unimproved right -of -way and control 6 of all existing utility easements located thereon and the open space. 7 8 Section 3. This resolution shall be effective immediately upon being approved. 9 10' 11 12 PASSED AND ADOPTED this , day of , 2005. 13 14 ATTEST: APPROVED: 15 16 17 18 CITY CLERK MAYOR 19 20 21 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 22 Mayor Russell: 23 Vice Mayor Palmer 24 Commissioner Wiscombe: 25 CITY ATTORNEY Commissioner Birts- Cooper 26 Commissioner Sherar: 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Attachment: Plat sketch 44 45 E: \Comm Items \2005 \11 -1 -05 \Street closure SW 50 Str Resolution.doc 125 100 - -- — :u -,_.:- _'" ,�"a --- .. 1 ' "a 10 , V 100 100 0 U - 25 T cn O CD C� o • \` U1_F ` owl QV ®� o F O w ~� I I w rri `� w w o O loo 1 I c w O° �p m c4 25 25 o cn @CCOD c I 0c, c 25 50, 66 69 69 I N 100 100 cn S.W. 63 AVE. I 100 U1 50 50 O � � O C7 O /40 c c ® � -I • opt ^♦ O,� /' _ I � � v Y/ O • Ul ti i O ® oy O C D O APR 1 9 ?004 Petition for Abandonment of Easement anti Utility Easement 1. We the undersigned, hereby petitions the City of South Miami for abandonment of an easement under the City of South Miami Code Ordinances, and respectfully requests that the necessary departmental review and hearings by the Planning and Zoning Board and the City Commission be called to consider our request as it relates to that area generally located as follows: Easement on S.W. 63rd Avenue between 5& Street and 5e Terrace 2. Which real property was previously intended for a thru street and the City of South Miami abandoned said property. Said real property , is a strip of land and is of virtually no value or use to the City of South Miami. 3. We the undersigned, are the owners of property adjoining the subject property. 4. We the undersigned property owners, also understand and agree that, should there be the need for a Utility Easement to be retained on the northern 25 feet of said easement, we would be required to provide 24 -hour maintenance access for the utilities requiring the need for an easement. 5. We support the abandonment for the following reasons: A. it will help increase security B. City of South Miami Ordinance prevents from building a thru street C. it will increase the buildable area of the lot(s) D. It will remove unnecessary rights of way or easements to permit development of the property. E. Other 6. We the undersigned property owners, hereby request the "abandoned easement'' be made part of and equally divided into the three adjoining properties. 7. We hereby certify that the information submitted pursuant to this Petition is true and correct, to the best of our knowledge. Signatures of Property Owners: Annette E. Vergara 6311 S.W. 50th Terrace Miami, Florida 33155 CITY CLERIC'S OFFICE Page 2 ... I By: t'u al Annette E. Vergara Ricardo and Silvia Silveira 6301 S.V. 50th Terrace Miami, FL 33155 4J /.. y Y• B y Rieard® Silveira Silvia Silvei Sworn to and Subscribed before me this�day of April, 2004. { .........w....'�"'�. PP. Falntina Adems Notary Public My Commission DD133024 XI expires August 03, 2006 Jorge and Damaris Chipi 4990 S.W. 63rd Avenue Miami, FL 33155 By:'._ . ; - J0 ge hipi Damaris Chipi Swornjq and Subs l ibed to before me this day of April, 2004. A //,/* Nat u is ,,SPRY Olga L. Mas �2• "'"' �� Commission #DD146203 Expires: Sep 30, 2006 Bonded Thru Atlantic Bonding Co., Inc. Swor. o and Subscribed before me this l�j day of April, 2004. t (2Y P Notary Public Q F 419 OFFICfALi�OTFRYS'c�L DIONNE JANE +�. '� � " COMMISSIO�U NUMBER � j4 CC9S3755 MY COMMISSION EXPIRES � OF 0-0 NOV. 26.;20.04 Ricardo and Silvia Silveira 6301 S.V. 50th Terrace Miami, FL 33155 4J /.. y Y• B y Rieard® Silveira Silvia Silvei Sworn to and Subscribed before me this�day of April, 2004. { .........w....'�"'�. PP. Falntina Adems Notary Public My Commission DD133024 XI expires August 03, 2006 Jorge and Damaris Chipi 4990 S.W. 63rd Avenue Miami, FL 33155 By:'._ . ; - J0 ge hipi Damaris Chipi Swornjq and Subs l ibed to before me this day of April, 2004. A //,/* Nat u is ,,SPRY Olga L. Mas �2• "'"' �� Commission #DD146203 Expires: Sep 30, 2006 Bonded Thru Atlantic Bonding Co., Inc. Statutes & Constitution :View Statutes :- >2004- >Ch0336- >Section 09: Online Sunshine Select Year: 2004 Go The 2004 Florida Statutes Page 1 of 1 Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads; authority. -- (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to: (a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, 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 county and the public in and to any land in connection therewith; (b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and (c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section. History. - -s. 49, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg. state .fl.us /statutes /index.cfin ?App_ node= Display_Statate &Search String= &URL =Ch... 3/10/05 :at ites & Constitution :View Statutes :- >2004- >Ch0336- >Section 10 : Online Sunstime rats vl Select Year: 2004 Go:' The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.10 Closing and abandonment of roads; publication of notice. -- Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded in the deed records of the county. History. - -s. 50, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature - Privacy Statement - Contact Us http: / /www.leg.state.R.us /statutes /index.cfm ?App_ node= Display_Statute &Search String= &URL =Ch... 3/16/05 Statutes & Constitution :View Statutes : Online Nunsna_rie Select Year: 2004 3. M The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.92 Closing and abandonment of roads; termination of easement; conveyance of fee.- -The act of any commissioners in closing or abandoning any such road, or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, shall abrogate the easement theretofore owned, held, claimed or used by or on behalf of the public and the title of fee owners shall be freed and released therefrom; and if the fee of road space has been vested in the county, same will be thereby surrendered and will vest in the abutting fee owners to the extent and in the same manner as in case of termination of an easement for road purposes. History. - -s. 52, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg.state.fl.us /statutes/ index .cfm ?App_mode= Display_Statute &Search String = &U... 6/6/05 t7M Menendez, Maria From: ricardosilveira @bellsouth.net Sent: Thursday, October 27, 2005 3:12 PM To: mmenendez @cityofsouthmiami.net Cc: annettemasdeu @aol.com; demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; msr1 @bellsouth.net; velpal2000 @bellsouth.net; czslaw @timewolf.net; czs @czslaw.com; silveira @fiu.edu; doddonniley @cityofsouthmiami.net; ricardosilveira @ bellsouth.net Subject: 50th Street Easement: Public Hearing Nov. 1st Dear Ms. Menendez: On behalf of the residents bordering the 50th street easement, we are requesting an extension for the Novemeber ist hearing be granted due to Hurricane Wilma. The resolution has been rewritten and we have not had the chance to meet with our attorney and as a community group. As the residents bordering the Easement, we originated the petition to the City to abandon the right to build a street, returning the land to its legal owners. That resolution has now been rewritten without our knowledge. Please postpone this hearing so we have the chance to prepare. Thanks in advance. 1 "CITY CLERK'S OFFICE