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HomeMy WebLinkAboutR-94-0231J-94-264 3/23/94 RESOLUTION NO. 94- 231 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT SEVENTY-NINE (79) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, the City of Miami requires certain property for street widening purposes in the City of Miami; and WHEREAS, the City requested individual owners of certain properties described herein to dedicate said land for street widening purposes; and WHEREAS, the owners executed Warranty Deeds conveying said property to the City of Miami; and WHEREAS, said Warranty Deeds have been recorded in the Public Records of Dade County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The proper officials of the City of Miami are hereby authorized to accept the seventy-nine (79) Deeds of Dedication as listed below: CITY COMMISSION MEETING OF APR 1 4 1994 Re"Ution No, 94- 231 DEDICATOR LOCATION OFFICIAL RECORD BOOK Wolfer 2912 S.W. 27 Avenue 14904-3198 Bermudez 5701-21 West Flagler St. 14904-3200 Neale 3681 Palmetto Avenue 14904-3202 Balsm 2734 Bird Avenue 14904-3204 The Village Foundation, Inc. 3031 N.E. 4 Avenue 14904-3206 Mia Construction Co., Inc. 219-21 S.W. 36 Avenue 14904-3208 Arena Square North and South, Ltd. 2191 N.W. 3 Avenue 14904-3210 Romate Corporation 102 S.W. 7 Street 14904-3212 Prudential Mortgage Investors, Inc. 1090 N.E. 79 Street 14904-3214 2518 Second Corp. 2518 N.E. 2 Avenue 14904-3216 Lazarus Realty, Inc. 1940 South Bayshore Lane 14904-3218 Indian River Investments Management Company, Inc. 1232 N.W. 1 Place 14904-3220 Service Station Realty Inc. 2745 N.W. 22 Avenue 14904-3222 M.M.H. Enterprises, Inc. 35 N.E. 17 Street 14904-3224 Kane 2231 S.W. 17 Terrace 14904-3226 Alonso 1212 S.W. 30 Court 14904-3228 Fleisher 3216 Gifford Lane 14904-3230 Garcia 5390 N.E. 2 Avenue 14904-3232 Ruiz 937 S.W. 7 Avenue 14904-3234 Ottinot & Davis N.E. Corner of N.W. 14904-3236 1 Place & N.W. 62 Street FMS Management Systems, Inc. 8116 Biscayne Boulevard 14904-3238 Exxon Corporation N.E. 2 Ave. & N.E. 29 St. 14904-3240 Salley 1105 N.W. 51 Terrace 14904-3242 - 2 - 4- 231 Liu 6471 N.W. 3 Avenue 14904-3244 RJR Properties 8116 Biscayne Boulevard 14904-3246 Medina 1891 N.W. 27 Street 15416-3476 Sarria 5101 N.W. 5 Street 15416-2783 Millo 2228 N.W. 28 Street 15416-2779 Garcia 3501 N.W. 9 Court 15416-3479 Gonzales & Castillo 3775 Loquat Avenue 15416-2559 Valcin 51 N.E. 82 Street 15416-2787 Jimenez 1795 N.W. 3 Street 15416-3591 Sonny's Produce Co., Inc. 860 N.E. 79 Street 15416-2421 Little River Club, Inc. 753 N.E. 79 Street 15416-2415 Puche 2869-71 S.W. 38 Avenue 15416-2781 Service Station Realty, Inc. 401 S.W. 8 Street 15416-2409 Rodriguez 735 N.W. 24 Court 15416-3481 Service Station Realty, Inc. 2021 N.W. 22 Avenue 15416-2407 Mesa 984 N.E. 71 Street 15416-2555 Sarria 450 N.W. 52 Avenue 15416-2557 Rodriguez 1201 S.W. 14 Avenue 15416-2785 Construmat, Inc. 1611 S.W. 32 Avenue 15416-3599 Cabanas 3792 Kumquat Avenue 15416-2551 Concordia Development, Corp. 3055 Washington Avenue 15416-2419 Conyers 6521 N.W. 2 Avenue 15416-3589 Villalobos 2176 N.W. 1 Terrace 15416-2553 Centennial Express, Inc. 2500 N.W. 39 Street 15416-3601 Romano 2900 Natoma Street 15416-2777 Hidalgo, Inc. 2200 S.W. 24 Street 15416-2757 Puche 2813 S.W. 23 Terrace 15416-2781 - 3 - '24- 231 Walker 1353 N.W. 38 Street 15416-2775 R. Gari, Inc. 3033 N.E. 2 Avenue 15416-2773 San Benito Corp. 3050 N.W. 7 Street 15416-2771 Hammett 5901 N.W. 7 Place 15416-2769 NWD Ventures Corporation 1701 N.W. 8 Street 15416-2767 Cesar 5931 N.W. 2 Avenue 15416-2765 Zaldivar 2340 S.W. 23 Avenue 15416-2763 Martinez 544 N.W. 18 Avenue 15416-2761 Carrasquillo 321-23 N.E. 58 Street 15416-2759 Key West of Coconut Grove, Inc. 2997 Day Avenue 15416-2755 Laguana 2840 N.W. 7 Avenue 15416-2561 Canino 2395 N.W. 26 Street 15416-2417 Skywalker Records, Inc. 8400 N.E. 2 Avenue 15416-2411 Hayes 3000 Elizabeth Street 15416-3593 Horta & Gonzalez 3421 S.W. 2 Street 15416-3595 Merrill Stevens Dry Dock, Co. 881 N.W. 18 Avenue 15416-3597 Harrington 3825 Washington Avenue 15416-3585 Wells 3145 Plaza Street 15416-3587 Garcia 950 N.W. 36 Street 15815-4749 GroveCompCo, Inc. 3310 Cornelia Drive 15815-4747 2876 Tigertail Avenue Taco Bell Corp. 3190 S.W. 22 Street 15815-4745 Cruz 3411 N.W. 9 Avenue 15815-4743 Fonta 1676 S.W. 25 Avenue 15815-4741 Bascarchi Corp. 1755 N.W. 2 Court 15815-4739 Charpentier 698 W. Flagler Street 15815-4737 4 - '14- 231 Echemendia 3420 N.W. 4 Terrace 15815-4735 Fontanesi 2957 Florida Avenue 15815-4733 Dade County, Florida N.W. N. River Drive 15416-3478 at N.W. 4 Street Sarria 454 N.W. 52 Avenue 15416-2783 Section 2. The recording of the above deeds in the Public Records of Dade County, Florida is hereby approved and authorized. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of April , 1994. STE HEN P. CLAR , MAYOR ATTES . MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: h9&/1 G. MAIAM MAER CHIEF ASSISTANT CITY ATTORNEY M4239/ams/GMM APPROVED AS TO FORM AND CORRECTNESS: A.' QUyNN J S, I I I CITY ATT Y - 5 - 4- 231 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: 3+ 1994 FILE of the City Commission SUBJECT Resolution Accepting Seventy -- Nine (79) Deeds of Dedication FROM REFERENCES: Cesa o per ENCLOSURES City RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution accepting seventy-nine (79) Deeds of Dedication to the City of Miami for Highway purposes and approving the recording of the same in the Public Records of Dade County, Florida. BACKGROUND: By April 11, 1991, the Department of Public Works had requested and received eight --seven (87) deeds of right--of-way dedication for the widening of City streets. Five (5) of the deeds needed Law Department approval before they could be sent to the Property and Lease Manager's office for recording and to the City Commission for acceptance; five (5) of the deeds had Law Department approval and needed to be sent to the Property and Lease Manager's office for recording and to the City Commission for acceptance; forty-six (46) of the deeds were at the Property and Lease Manager's office needing to be recorded before they could be sent to the City Commission for acceptance; twenty --five (25) of the deeds had been recorded and were scheduled for City Commission approval at the April 11, 1991, Commission Meeting, but they were subsequently withdrawn at the meeting. In March of 1992, the Department of Public Works decided to process and record all its outstanding deeds, because decisions being made by lawyers, mortgage companies, legal abstractors, owners of the properties described on the deeds, the tax assessor, property appraisers, real estate agents, and land surveyors, etc., were being influenced by the status (recorded or unrecorded) of the deeds. () 9 4- 231 Honorable Mayor and Members of the City Commission The delay in processing and recording the deeds resulted in additional research, because the Public Works Department had to make sure that the ownerships of the properties described in the unrecorded deeds had remained the sane. The Department ultimately processed and recorded seventy --nine (79) of the eighty-seven (87) deeds - eight (8) deeds were not recorded because of ownership changes. The number of deeds and the calendar years in which they were received and recorded are listed below. Year Received Year Recorded Two (2) Deeds-1989 Twenty --five (25) Deeds-1991 Sixty --eight (68) Deeds-1990 Forty --five (45) Deeds--1992 Nine (9) Deeds-1991 Nine (9) Deeds--1993 The seventy --nine (79) deeds of dedication were requested and received under the conditions established by Section 54--47: Right--of--way dedication prior to issuance of permits, of the City Code, as amended by Ordinance No. 10279, passed and adopted by the City Commission on June 11, 1987. Ordinance No. 10279 basically stipulated that no permit would be issued when the construction, remodeling, renovation or repairing was in the amount of $25,000.00 or more in value, or 650 square feet or more in area, until any undedicated right--of-way was dedicated to the City by the property owner. Subsequent to Ordinance No. 10279, Section 54--47 was amended by Ordinance No. 10898, passed and adopted by the City Commission on July 11, 1991. Ordinance 10898 basically requires that a property owner dedicate any undedicated right -of --way to the City when a permit to construct a new building or structure, or to change the use of an existing building or structure, or to expand an existing structure, is submitted, and when the director of the Public Works Department determines that the proposed development will place an undue burden on City services. Ordinance No. 10898 has tremendously limited the number of Public Works Department requests for right -- of --way dedications. The Department of Public Works has determined that the seventy (79) deeds of dedication are now in order for acceptance by the City Commission. Enclosed please find copies of Section 54--47 as amended by Ordinances No. 10279 and No. 10898. Attachments: Proposed Resolution 94- 22.1 § 64-46 MIAMI CODE Sec. 5446. Obstructing streets or sidewalks with,trash, lumber, etc. (a) No person shall place any trash, lumber, wood, glass or other obstruction in any public street, lane, alley or way, or on any sidewalk. Any person who shall place any such obstruction in any street, lane, alley or way, or on any side- walk, and fail to remove the same within six (6) hours after being notified by the chief of police or any policeman, or who, after having removed the obstruction, shall replace it or place similar ob- structions, shall, on conviction, be punished as provided in section 1-6. Any person actually build- ing or about to build or repair any building, or construct or repair any sewer or line of water or gas piping, may collect and lay all such materials as may be necessary adjoining the place where such building or repairing is to be done, or in front of such building, and shall have the privi- lege of using one-third (%) of the width of the street adjoining in front of such building or re- pairs. But in no event shall any person obstruct the sidewalk in front of or along the site or place where such improvement is being made, or where such building is in process of repair or construc- tion, except upon written consent of the director of public works, and in no event shall such ob- struction of sidewalk be permitted for a period exceeding one (1) day. (b) The owner or proprietorof such materials shall cause a lamp or lantern, with a good and sufficient light therein, to be securely hung up, placed or fixed on a post or otherwise at each end of the pile of material which may be lying in the street, lane or sidewalk and obstructing the same, and in such manner as to clearly and plainly show the place and extent occupied by such ma- terial. The lamp or lantern shall be lighted by the owner, proprietor or his employees, at or before dark in the evening, and shall be kept burning until daylight. (Code 1967, § 54-35) Sec. 54-47. Right-of-way dedication required prior to issuance of permits. No permit for construction, reconstruction, re- modeling, renovation or repairing in the amount of twenty-five thousand dollars ($25,000.00) or more in value, or covering six hundred fifty (650) square Supp. No. 27 3636 § 64.48 feet or more in floor/surface area for any build- ing, structure or parking facility, shall be issued on any lot, tract or parcel of land until all por- tions of the applicant's lot, tract or parcel lying within the city's officially established right-of-way have been dedicated to the public for street pur- poses. Additionally, right-of-way lines at street intersections shall be rounded with a radius of twenty-five (25) feet. The area external to the twenty -five-foot radius shall also be dedicated to the public for street purposes prior to the issu- ance of permits described above. No deviation from this section shall be made unless the proposed construction, reconstruction, remodeling, renovation or repair will not burden the city services, including adjacent streets. Upon written request by applicant for a deter- mination that the proposed construction, recon- struction, remodeling, renovation or repair will not burden the city services, including adjacent streets, director shall have the authority to waive the required dedication or, if he does not so waive the dedication, director shall convene, within thirty (30) days after receipt of written request from applicant, a meeting of a review committee which shall be comprised of the director of public works, the director of the department of planning and an assistant city manager. The applicant shall have the right to present its position to the review committee which shall review director's refusal to grant the waiver of dedication. The committee, acting by majority vote, shall either affirm the director's refusal or reverse its refusal and grant the requested waiver of dedication. The commit- tee shall, in determining whether director's re- fusal was reasonable, determine whether the pro- posed construction, reconstruction, remodeling, reno- vation or repair will burden city services, includ- ing the adjacent street(s). The decision of this committee, which shall be rendered within thirty (30) days after the conclusion of the hearing, shall be final. (Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, § 2, 6-11-87) Sec. 5448. Covenant required prior to issu- ance of permits. In the event that a portion of an existing build- ing or structure is allowed to remain within the 04- 231`3 § 54.46 MIAMI CODE Sec. 5446. Obstructing streets or sidewalks with trash, lumber, etc. (a) No person shall place any trash, lumber, wood, glass or other obstruction in any public street, lane, alley or way, or on any sidewalk. Any person who shall place any such obstruction in any street, lane, alley or way, or on any side- walk, and fail to remove the same within six (6) hours after being notified by the chief of police or any policeman, or who, after having removed the obstruction, shall replace it or place similar ob- structions, shall, on conviction, be punished as provided in section 1-6. Any person actually build- ing or about to build or repair any building, or construct or repair any sewer or line of water or gas piping, may collect and lay all such materials as may be necessary adjoining the place where such building or repairing is to be done, or in front of such building, and shall have the privi- lege of using one-third (1/3) of the width of the street adjoining in front of such building or re- pairs. But in no event shall any person obstruct the sidewalk in front of or along the site or place where such improvement is being made, or where such building is in process of repair or construc- tion, except upon written consent of the director of public works, and in no event shall such ob- struction of sidewalk be permitted for a period exceeding one (1) day. (b) The owner or proprietor of such materials shall cause a lamp or lantern, with a good and sufficient light therein, to be securely hung up, placed or fixed on a post or otherwise at each end of the pile of material which may be lying in the street, lane or sidewalk and obstructing the same, and in such manner as to clearly and plainly show the place and extent occupied by such ma- terial. The lamp or lantern shall be lighted by the owner, proprietor or his employees, at or before dark in the evening, and shall be kept burning until daylight. (Code 1967, § 54-35) Sec. 5447. Right-of-way dedication required prior to issuance of permits. Whenever the owner(s) of the property within the city wishes to construct a new building or structure, or to change the use of an existing building or structure, or expand an existing struc- Supp. No. 39 § 54.48 ture, and the director of the department of public works determines that there is a rational and sub- stantial connection between the burdens imposed by the proposed development or the change of use on the city services, including adjacent streets and the dedication of the portion of the applicant's lot, tract or parcel of land lying within the city's offi- cially established right-of-way to the public for street purposes, and that the dedication of the of- ficially established right-of-way is absolutely nec- essary to mitigate the burdens that the proposed development or change of use places on the adja- cent streets, no permit for construction of a new building or structure or change of use or expan- sion of an existing structure shall be issued on any lot, tract or parcel of land until all portions of the applicant's lot, tract or parcel lying within the city's officially established right-of-way have been dedicated to the public for street purposes. Addi- tionally, right-of-way lines at street intersections shall be rounded with a radius of twenty-five (25) feet. The area external to the twenty-five foot ra- dius shall also be dedicated to the public for street purposes prior to the issuance of permits described above. Upon written request by applicant for a deter- mination that the proposed construction of a new building or structure or change of use, or expan- sion will not burden the city services, including adjacent streets, director shall have the authority to waive the required dedication or, if he does not so waive the dedication, director shall convene within thirty (30) days after receipt of written re- quest from applicant, a meeting of a review com- mittee which shall be comprised of the director of public works, the director of the department of planning, building and zoning and an assistant city manager. The applicant shall have the right to present its position to the review committee which shall review director's refusal to grant the waiver of dedication. The committee, acting by majority vote, shall either affirm the director's refusal or reverse its refusal and grant the re- quested waiver of dedication. The committee shall, in determining whether director's refusal was rea- sonable, determine whether the proposed construc- tion of a new building or structure or change of use or expansion will burden city services, in- 41 3636 tft 4 - 2 31 § 54.47 STREETS AND SIDEWALKS cluding the adjacent street(s). The decision of this committee, which shall be rendered within thirty (30) days after conclusion of the hearing, shall be final. (Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, 2, 6-11-87; Ord. No. 10898, § 1, 7-11-91) Editor's note -Section 1 of Ord. No. 10898, adopted July 11, 1991, deleted the provisions of former § 54.48, which per- tained to covenants prior to issuance of permits and derived from Ord. No. 9966, § 2, adopted Mar. 21, 1985. Secs. 54.48-54.55. Reserved. ARTICLE III. BUS BENCHES* Sec. 54-56. Authorization requited. It shall be unlawful for anyone to place a bench or a shelter upon any public right-of-way in the city, to be used for commercial or advertising pur- poses, without having first been authorized to do so, as hereinafter provided. (Code 1967, § 54-36; Ord. No. 8843, § 1, 9-14-78; Ord. No. 10402, § 1, 3-24-88) Sec. 54-57. Basis for placement. Benches and/or shelter structures located at bus stops to provide convenience and to accommodate the members of the public using busses for trans- portation shall be the subject of proposals from commercial advertising firms willing to pay the city for the right to install and maintain bus benches and/or bus shelter structures in the public right- of-way in the city, upon which benches and/or shelter structures advertising messages can be placed, subject to applicable rules, regulations, ordinances and statutes governing the location, installation and maintenance of said benches and/or shelter structures. (Code 1967, § 54-37; Ord. No. 8843, § 1, 9.14-78; Ord. No. 9190, § 1, 10-30-80) Sec. 54-58. Bid restrictions. The city manager is authorized to issue all in- vitations for bids. For benches the minimum bid shall be not less than that set by the city manag- er. The bid shall be for all existing and/or pro - •Annotation -Case holding that an agreement between the city and a company placing bus benches did not constitute a franchise and could not be amended unilaterally by the city, City of Miami v. Bus Benches Co., 174 So. 2d 49. Supp. No. 39 § 64.60 spective bus benches of which at the option of the city up to twenty (20) percent may contain non- commercial. advertising, One-half (1k) of the said benches without commercial advertising may be used for public service information pertaining to nonprofit objectives. For shelters, the minimum bid shall be not less than that set by the city manager. The bid amount shall include all shel- ters whether containing commercial advertising or not. At the option of the city a maximum of ten (10) percent of the advertising space available may be restricted for public service information pertaining to nonprofit objectives. The decision as to the designation of a public service bus bench or shelter advertisement, in the event of a disagree- ment, shall rest solely in the discretion of the city manager, whose decision shall be final. The re- quirements of Miami City Code section 37-56 shall apply to both benches and shelters where such are located within the dedicated street right-of- way. (Code 1967, § 54-39; Ord. No. 8843, § 1, 9-14-78; Ord. No. 9190, § 1, 10-30-80; Ord. No. 10402, § 1, 3-24-88) Sec. 54-59. Term of agreement. The term of agreement for benches and shelters shall be five (5) years from the date of the agree- ment subject to two (2) periods of renewal of five (5) years each. (Code 1967, § 54-41; Ord. No. 8843, § 1, 9-14-78; Ord. No. 10402, § 1, 3-24-88) Sec. 54-60. Agreement required. The agreement between the city and any commercial advertising firm shall incorporate the specifications used as the basis for soliciting bids from commercial advertising firms. Said agreement shall include the following provisions, using either "bus ben- ches" and/or" "bus shelters" as applicable: "NOW, THEREFORE, IN CONSIDER- ATION OF THE PROMISES AND OF THE MUTUAL COVENANTS AND UNDERTAK- INGS HEREINAFTER CONTAINED BY THE PARTIES HERETO, TO BE OB- SERVED AND PERFORMED, AND OTHER GOOD AND VALUABLE CONSIDER- ATION, THE PARTIES HERETO DO BIND THEMSELVES HEREBY AND AGREE AS FOLLOWS, TO WIT: 3637 94- 231 I