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HomeMy WebLinkAboutR-95-0592A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF AN ALLEY BOUNDED BY NORTHEAST 62ND STREET ON THE NORTH, NORTHEAST 61ST STREET ON THE SOUTH, NORTHEAST 2ND AVENUE ON THE WEST AND NORTHEAST 2ND COURT ON THE EAST, SAID ACTION BEING A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1405-B, 1162ND PLAZA". WHEREAS, the Miami Zoning Board at its meeting of May 1, 1995, Item No. 1, duly adopted Resolution ZB 51-95, by a tie vote of four to four (4-4), thus constituting a recommendation of DENIAL; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants, notwithstanding the recommendation of the Zoning Board, to grant the vacation and closure of the alley bounded by Northeast 62nd Street on the North, Northeast 61st Street on the South, Northeast 2nd Avenue on the West and Northeast 2nd Court on the East, and deems it advisable to do so; 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. cur COMUSSION MEETING OF J U L 1 3 1995 Resolution No. 95- 592 Section 2. The alley bounded by Northeast 62nd Street on the North, Northeast 61st Street on the South, Northeast 2nd Avenue on the West and Northeast 2nd Court on the East, is hereby closed, vacated, abandoned and discontinued for public use, said closure vacation, abandonment and discontinuance being a condition for the approval of Tentative Plat No. 1405-B 1162nd Plaza". Section 3 This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th ATTEST: WALTER J. OE CITY CLERK _ day of July , 1995. STEPHEN P. CLA K, MAYOR PREPARED AND APPROVED BY: MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A Q J III CIT TTO 2- qg_ 592 r 1 PZu2 - ZONING FACT SHEET LOCATION/LEGAL Portion of alley bounded by NE 61st and 62nd Streets, NE 2nd Ave and NE 2nd Ct. (Complete legal description with the Hearing Boards Division) APPLICANT/OWNER Jean-Claude Timmer P. 0. Box 16-1055 Miami, FL 33116 633-1115 ZONING C-1 Restricted Commercial. REQUEST Official vacation, abandonment and closure of an alley bounded by N.E. 62nd Street on the North, N.E. 61st Street on the South, N.E. 2nd Avenue on the West and N.E. 2nd Court on the East, as a condition of the Tentative Plat of 1162nd Plaza': RECOMMENDATIONS: - PLANNING, BLDG & ZONING N/A. PUBLIC WORKS See analysis. PLAT AND STREET See analysis. DADE COUNTY TRANSPORTATION No comments. - ENFORCEMENT HISTORY, IF ANY C.E.B. Case No.: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A - CEB Action: N/A HISTORY Continued from the Zoning Board Hearing of April 3, 1995. ANALYSIS The Public Works Department and the Plat and Street Committee have studied the proposed closure of an alley lying between N.E. 61 and 62 Streets east of N.E. 2nd Avenue and determined that the closure of this alley will not adversely affect traffic circulation or access for public service vehicles such as trash aid garbage trucks, fire, police and/or other emergency vehicles. This alley is not improved and extends only 200 feet east of N.E. 2nd Avenue and is not part of the critical pedestrian and vehicular transportation network for the neighborhood. The Plat and Street Committee has reviewed the tentative plat of "62nd Plaza" and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of this alley and development of the site would benefit the general public. The Public Works Department and the Plat and Street Committee recommend approval of this street closure request. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER Motion to approve failed constituting a denial. (Res. No. 51-95). N/A. N/A. 95- 354 Page 1 May 1, 1995 9 5 M 592 ,u Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 51-95 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION, ABANDONMENT AND CLOSURE OF AN ALLEY BOUNDED BY N.E. 62ND STREET ON THE NORTH, N.E. 61ST STREET ON THE SOUTH, N.E. 2ND AVENUE ON THE WEST AND 2ND COURT ON THE EAST, AS PROVIDED IN THE CITY CODE SECTION 54.5-16(c), AS A CONDITION OF THE TENTATIVE PLAT OF 1162ND PLAZA", SUBJECT TO THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE AND WITH THE CONDITION THAT THE APPLICANT WILL HOLD THE CITY HARMLESS. Upon being seconded by Ms. Gloria Basila the motion fjXled by the following vote: AYES: Mses. Basila & Morales. Messrs. Crespo and Carman. NAYES: Mats. Hernandez. Messrs. Barket, Luaces and Milian. ABSENT: Messrs. Moran-Ribeaux and Hernandez.• Ms. Fernandez: Motion failed 4-4 constituting a denial. May 1, 1995 Zoning Board Item# 1 95- 592 „3 0a.7.q.' MINN. I Io f. .• f �. �l .. �1 i1 o • 1 . t • ► N.E 6y e t , w W • •t TR4CT•A tt .11 !1 1. f. .0 If! 11 lr .• NI'O �' rt ' ' > TRACT ' "I ..0 r 1 1 t l tf o f l N. 14 •t '. 6 • rA O A •S T ME 60 ST 3 a + TR.e TA C ►-F-T CT-� u.� iM •r �a e. • � #R-3 NE 67 , S �. GRACE all :2 9 n f. i ' "' '' 11 TRACT- As TRACT w plat u Ir, r� rp !1 60 +° W - 2 IMPB. $! t w it a H 49u .� 1. �61 54 ST �•�, :' N.[. 65 1 sT. �• ` 1 TM M / 6 1 61 60 f ! 6 .4 w f6 f 92, �.•�,r. •�' IA N.E. 64 TER _ �TR.J f.6 el r IO h r M 7i Ty q . t. ry tf A2 f. M ty p 672 TRACT N TR.a TR. R 11 M p �1 N' 66 .. s 66 N /� •i 06 .! tT 6 eD 14 JIL 64 5 T..9 . Fil - KIM. a I I TR.K ma 21, to 'i TRACT -A OAMAWft emr.nw. TRACT T TR 'A' Mp f4.t 1717 G/ lux 01 mill©©�., ® v .. ®Q . �. nLm Ad o p F.Ty TRAILER PARK �, , s��all oa� IN MINOR 59 TER seee�em������m �mm�aoso© �mm�ac� KITI7Cd, m: - . .- , CITY OF MIM DEPARTMENT OF AOMINISTR'AVIUN FOR MriNiNG AND ZONING BOARDS P.O. BOX 330708 MIAMI. FLORIDA 33133 Tel. 579-6082 >e APPLICATION FOR PUBLIC NEARING BEFORE THE ZONING BOARD (Land Fill and Dredge; Va s* ^n of Street or ; Waiver of Development of Parking; Siting Adjustment 6 others as required). k REQUIREMENTS: A. Surveys, sketches, plans, as required (See supplemental requirement sheets) Ir2. Affidavit by the owner of the property, or his attorney, that all facts as represented in the application are true and correct. 3. Certified list of owners of real estate within 375' radius from the .outside boundaries of the subject parcel. 4. Fee of to apply toward cost of processing, as follows: Vacation of public right-of-way: Per square foot of right -or -way "................................S 0.7S Minimum .................................... $1,dDO.00 —}-�eP�„ =-t' �e� Total Feet,, ��, n�`► . sc7 - 5. All documents, reports, studies. exhibits, or other written or•graphic materials, if any, to be used by the -applicant in support of the application shall be submitted with and be a part of this application. DATE The undersigned, being the owner or representative of the owner, of the property located at �1. E :z a4 4,/o to Ajc,? r / C r AND MORE PARTICULARLY DESCRIBED AS: 11 LOT (s ) BLOCK SUBDIVISION doles) respectfully petition and request K10,1 portion of alley/6ounded by A.E. 61A and 62nd Streets, N.E. 2nd Avenue and N.E. 2nd Court. SIGNED ADDRESS (zip) PHONE NO. p da4 / 6-/0 -a' Miami ,.FLA- This form must be notarized ,;a"' IRIANDENOAILLE3 W ' Z/Bl ° nm iq... CORIMISSION I CC 3121E5 `.` il 95- 592 yt EXPIRES: Augo 31.1997 k? pr,, ,, "' miu Nolry PuM, uemiv,Aer. 406 STATE OF FLORIDA) )SS COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared ./�+�+-� �cirn�meJt. , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami, as described and listed -on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modification of a classification or regulation of zoning as not out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit -are true and correct. Further Affiant sayeth not. (Name) ism) Sworn to and Subscribed before me this 16 A day of Jam^ e- 191�?( N IRLAy6E M10,11LL t Mf C011MISSION CC 912186 ' L `? Oed� ra �f,1941 Notary Pu c, oridn at'Large My Commission Expires: 97 i W2 Dmrjbsmm or OnaMSHO 1. description and street address of subject real priparty: Ck- C- 2.1 -Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties Faving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question f2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. 3. Lagal, description and street Address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real EJLOPESry. aAM OR iav== EM S= OF rum= Ss COMaT OF MM IfAa.LA—C[arjlgv 4mIMAI.- being duly swmmv deposes and says U= ne is the (Owner) (Attorney or owner) of the real property described in, answer to question #1, abovey that he has read the foregoing answers and that the a= are true and complete; and (if act=q as attorney for owner) that he has authority to execute this Disclosure of Owarship form on behalf of the am=. i�SEAL) (tam) SHM M ANDR�r�iyy.19LAWE V. WCOM 166 before me this 3 AIMOCCM2JOW 31, 1097 day of n. Pubk WWWAfta J jjOtjMy P11hi to, SwW Ot MY CM203= EVMWt 107 Florida at Lap 95- 592 LEGAL DESCR0 ...A TWO PARCELS OF LAND LYING BETWEEN N. E. 61 STREET AND N. E. 62 STREET AND LY1140 EAST OF N. E. 2 AVENUE SECTION 18-53-42 A portion of Block go( SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY, according to the plat thereof recorded in Plat Book 2 at Page i 21 of the Public Records of Dade County, Florida, being more particularly described as followst (� Commence at the Northwest corner of the SW 114 of Section 16. Township 53 South, Range 42 East. Dade County, Florida; thence run S 88' S9' 35' E. C� along the North line of the SW 114 of said Section 18 for a distance of 25.00 feet; thence run S 00' 05' 40' W. along the East line of the West 25.00 feet of the SW 1/4 of said Section 18 for a distance of 9.50 feet; thence run S 88' 59' 35' E. along the South IIna of the North 9.50 feet of the SW 114 of said Section 18 and along the South line of a 10 foot wide alley, the North line of which was established by Final Decree of Circuit court Chancery Case No. 163910-C, dated May 4 1964 and filed in the Public Records of Dade County, Florida on May 7, i454, for a distance of 22.69_ feet to a point of intersection with the arc of a circular curve concave to the East. the radius point of said circular curve bears S 45' 08' 00' E from said point of intersection, said point of intersection also being the Point It Beginning of the herein described parcel; thence continue to run 5 88' 59' 35' E along the South Iina of the North 9.50 lost of the SW 114 of said Section 18 and along the South line of said 10 foot wide alley for a distance of 211.91 feet to a point on the West line of a 20 foot wide alley, the East line of which was established by sold Final Decree of Circuit Court Chancery Case No. 163910-C; thence run S 00' 20' 33' W along the West line of sold 20 foot wide alley for a distance of 102.59 feet to 0 ppoint of intersection with the arc of a circular curve concave to the Northeast, the radius point of said circular curve bears N 12' 16' 46' E from said point of intersection; thence run Northwesterly along the arc of said circular curve concave to the Northeast, having a radius of 1016.74 feet, through a central angle of 08 43' 25% for an are distance of 154.80 feet to a point of reverse curvature with the arc of a circular curve to the left; thence run Northwesterly along the arc of said circular curve to the left, having a radius of 1066.14 feet, through a central angle of 03' 21' 201, for an arc distance of 62.47 feet to a point of reverse curvature with the arc of a circular curve to the right; thence run Northwesterly. Northerly and Northeasterly along the arc of said circular curve to the right. having a radius of 25.00 feet, through a control angle of 117' 13 091, for an arc distance of 51.15 feet to the Point of Beginning of the herein described parcel, said point also being a point on the South line of said 10 foot wide alley and also being a point on the South line of the North 9.50 feet of the SW 114 of said Section 18. Containing 0.368 Acres, more or less. AND A portion of the NW 114 of Section 18 Township 53 South, Range 42 East, Dade County, Florida, being more particularly described as follows. Commence at the Southwest corner of the NW 1/4 of said Section to-, thence run S 88' 59' 35, E along the South line of the NW 1/4 of said Section 18 for a distance 0f 35.00 feet; thence run N 00' 41' 36' E along the East line of the West 35.00 feet of the NW 1/4 of said Section 18 for a distance of 0.50 feet to a point on the North line of the South 0.50 feet of the NW 1/4 of said Section 10 and to a point on the North line of a 10.00 foot wide alley, as established by Final Decree of Circuit Court Chancery Case No. 163910-C, dated May 4, 1954 and filed in the Public Records of Dade County, Florida on May 7. 1954; thence run S 88' 59' 35' E mtong the North line of the South 0.50 feet of the NW 1/4 of said Section 18 and alongy the North Tine of sold 10 foot wide alley for a distance of 42.68 feet to a point of intersection with the arc of a circular curve concave to the Northwest, the radius point of said circular curve beers N 060 $5' 00' W from said point of intersection. said point of intersection also being the Point of Beginning of the herein described parcel; thence tontine to run 5 88' 59' 35` E along the North line of the South 0.50 feet of the NW 1/4 of said Section 18 and along the North line of said 10 foot wide alley for a distance of 18796 feet to a point on the West line of a 20 foot wide alley. the East line of which was established by said Circuit Court Chancery Cast No. 163910-C; thence run N Do' 20' 33' E along the West line of said 20 foot wide alley for a distance of 50.06 feet to a point of intersection with the are of a circular curve concave to the Southeast, the radius point of said circular curve bears S 16' 36' 31' E from said point of intersection; thence run Southwesterly along the arc of said circular curve concave to the Southeast, having a radius of 1916.74 feet. through a central angle of Or 25' 22'. for an arc distance of 25.25 feet to a point of reverse curvature with. the are of a circular curve to the right• .thence run Southwesterly along the arc of said the feet, through circular curve to right, having a radius of 1066.74 a central angle of 09' 04' 24'. for an arc distance of 168.93 feet to the Point of Beginning of the herein described parcel, said point also being a point to- the North line of. the South 0.50 feet of the *A14 of said Section 18 and also being a point on the North line of said 10 foot wide alley. Contair(1n9 0.096 Acres, more or less. "11*61 unarm i of irm4 A indudiny s114j • 0•012 . 95- 592 0 QUIT -CLAIM DEED THIS QUIT-MIH DEED, Executed this 7th day of FEBRUARY A.D. 19 gZ, by Alt firs Party 02 Mr Jean-Claude _ �?MMER w ose ptf ae a dress is 10710 SW 134 TER, Miami._FL eeoond party. 33176 ofirst party# and (Wherever used herein the farms ►+second party" 'shall include singular and plural, heirs, legal repr®sentatives, and assigns of individun:.s, and the successors and assigns. of corporations, wherever the context so admits or requires.) VXTNEBOETH, That the said first party, . for .and in consideration of the sum of TEN DOLLARS ($10.00) in hand paid by the said second' party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and .to the following described lot, piece or parcel of land, situate, lying and being in the County of Dade; State. of Florida, to wit: Two parcels of land lying between N. B. 61 Street and N. E. 62 Street and lying east of N. E. 2 Avenue, Section 18-53-42, as per legal description attached and made a part hereof. TO HAVD AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law'or equity, to. the only proper use, benefit and behoof of the said second party forever. IN NItY299 MMRBCP the said first party has caused these presents to be executed in hies name, the day and year first above written. Signed" sealed and delivered r in the presence pfl Mrs Carole D THEDAUD STATE OF FLORIDA _ 2 SS COUNTY- OF DADS I HERG;1Y CERTIFY that on this day, before me, and officer duly authorized in the State and County aforesaid to take acknowledgments, personally ,appeared TMAUD, well kn•�wn to re to be the person who executed the forego ng jnstrur.nt named as first party in the foregoing deed, and that lie sa•• :rally . acknowledged executing the same in the presence of two ev'zscribing witness freely and voluntarily. %7TNESS my hand and official' seal in the County and State last aforesaid this 07 day,ot 1 IL ' Notary _PVublic My Commission Expires: NOTARY PUBLIC, STATR OF FLOBIOA. MY CQMMISSION F.EPIRPS: fan, 24 1 L !SE. TYiu WTAay ►usLIC u?W1AV M16 95- 592 5 .�.. TkLMIJ WALDEMAR E. LEE S%, CESAR H. ODIO director �- ,,,,, ,; • � City Manager (01 January 4, 1995 Jean Claude Timmer Carole D. Thebaud 5400 N.W. 22 Avenue Miami, Florida 33142 Dear Mr. Timmer and Ms. Thebaud: l 62 PLAZA - TENTATIVE PLAT *14058 ,The City of Miami Plat and Street Committee, at Its meeting of March 10, 1994,.approved the above tentative plat subject to the j following revisions being made to the tentative plat, additional Information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. - Miami -Dade Water & Sewer Dept. will require the Installation of a 12-Inch water main extension In N.E. 61 Street. (Rick Herrera, M-DWSD, 665-7471). - Miami Fire Department requires the Installation of two new fire hydrants (Lt. George Scott, MFD, 579-6300). - To Surveyor's Note *8 add the following: "...C-1, 11000, as amended". - Show adjacent subdivisions In the location sketch. - Verify ownership. l In addition to the above requirements, you should be aware of the following: 1. State and local laws require the Installation of various physical Improvements In the public rights -of -way when j property Is platted. These subdivision Improvements Include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial Investment on your part. 2. The alteration, relocation or Installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property 'owner's expense. Also, utility easements may be required on the property being platted. j Page. 1 of 2 9 ` 592 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 379-6856 " �x Mr. Timmer and Ms. Thebaud _ January 4, 1995 62 Plaza - f S,. A"building permit will not be Issued on the property being platted- until the final plat Is recorded. Also, the Certificate of Occupancy for any building construction will be Issued only after all the required subdivision Improvements have been completed. - 4. Approval for fire flow requirements must be obtained from the Fire, Rescue and Inspection Services Department prior to the Issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat Is submitted to the City Commission for approval. You will be notified In writing as to what these Items are after the amount of the bond has been determined for the necessary subdivision Improvements. - 6. Tentative plat.appnoval Is only valid for one (1) year from the date of the Plat and Street Committee Meeting at which time It was approved. If you have any questions concerning these requirements, please refer to the attached sheet for. the appropriate person to contact. Sincerely, James J. Kay P.E. Chairman, Plat & Street Committee JJK:gc Enclosure: Contact Sheet CC: Crowder -Mahoney, Inc. Plat and Street Committee Members File ` Page 2. of 2 I C 95— iD9J I