HomeMy WebLinkAboutR-96-0509J-96-651
07/11/96
RESOLUTION NO.9 G 5 9
A RESOLUTION RESCINDING RESOLUTION
NO. 96-437, REINSTATING IN ITS ENTIRETY
RESOLUTION NO. 94-820 AND FURTHERMORE
DECLARING THE INTENT OF THE COMMISSION TO
JOIN WITH ALL OTHER ADJACENT PROPERTY OWNERS
IN CONNECTION WITH THE PROPOSED CLOSURE AND
VACATION OF MARLER AVENUE BETWEEN DOUGLAS
ROAD AND PLAZA STREET (THE "SUBJECT STREET")
PURSUANT TO THE CITY'S PLATTING PROCESS,
j SUBJECT TO THE FOLLOWING: (1) THAT THE
ASSESSED VALUE OF THE SUBJECT STREET BE
ASSESSED PROPORTIONATELY AGAINST THE ADJACENT
PROPERTY OWNERS; (2) THAT ALL BENEFITED
PROPERTY OWNERS SHALL PAY FOR ALL COSTS AND
EXPENSES OF THE REQUIRED PLATTING; AND (3)
THAT THE CITY SHALL REMOVE ALL ENCROACHMENTS
AND ALL DEBRIS AND ALL OBJECTS WHICH ARE "NOT
NATURAL," EXCLUDING REMOVAL OF ALL TREES,
FROM THE SUBJECT PROPERTY.
WHEREAS, the City Commission adopted Resolution No. 94-8=
on November 17, 1994 temporarily restricting vehicular access i
Marler Avenue at its intersection with Douglas Road in the Cii
of Miami, Florida, subject to the provisions contained therei.
and
WHEREAS, on June 13, 1996, the City Commission adopt -
Resolution No. 96-437, rescinding Resolution No. 94-820 in i
entirety and declaring Marler Avenue between Douglas Road a
Plaza Street, Miami, Florida, to be open as a public street f
vehicular traffic and ingress and egress to the adjacent St. Hu
CITY COMMId
MEETING 1
JUL 1 1
(�
ResolutionN•
06— 50
i
Oaks housing development; and
WHEREAS, the City Commission after hearing from neighbors in
the area of Marler Avenue, finds that ingress and egress to St.
Hugh Oaks via Marler Avenue is not in the best interests of the
public; and
WHEREAS, the City Commission, further finds it would be in
the best interest of the public to rescind Resolution No. 96-437,
reinstitute Resolution No. 94-820, and declare its intention to
join in the platting process with other adjacent property owners,
pursuant to the City Code, in order to close and vacate Marler
Avenue between Douglas Road and Plaza Street (the "Subject
Property"), subject to the following conditions: (1) The Subject
Property shall be closed and vacated in accordance with the
City's platting ordinance; (2) that all benefited property owners
shall pay for all costs and expenses of replatting the Subject
Property; and (3) that the City shall remove all encroachments
and debris and all other objects which are "not natural,"
excluding removal of all trees, from the Subject Property.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Resolution No. 96-437, adopted
June 13, 1996 is hereby rescinded in its entirety.
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96- 50
Section 3. Resolution No. 94-820 adopted on November
17, 1996 and rescinded by Resolution No. 96-437 on June 13,
1996 is hereby reinstated in its entirety.
Section 4. The City of Miami shall join in the
replatting of Marler Avenue between Douglas Road and Plaza
Street, Miami, Florida (the "Subject Property"), subject to
the following conditions: (1) that the assessed value of the
subject street be assessed proportionately against the
adjacent property owners; (2) that all benefited property
owners shall pay for all costs and expenses of the required
platting; and (3) that the City shall remove all encroachments
and all debris and all objects which are "not natural",
excluding removal of all trees, from the subject property.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this llth ,dV of July 1996.
ATT ST: %
WALTER—J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
G. IRIAM MAER`
CHIEF ASSISTANT CITY ATTORNEY
W 9 8 5 : GMM : amk
W�F,kEDO GORT, VICE -MAYOR
APPROVED AS TO FORM AN
CORRECTNESS:
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CITY A
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