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HomeMy WebLinkAboutR-94-0905J-94-974 11/16/94 RESOLUTION NO. 9 905 A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THE PLATTED SIX FOOT EASEMENT WEST OF NORTHWEST 17TH AVENUE LYING BETWEEN NORTHWEST 34TH STREET AND NORTHWEST 35TH STREET, AS A i CONDITION OF THE APPROVAL OF TENTATIVE PLAT NO 1445A "GRAVES SUBDIVISION", SUBJECT TO THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE, FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTHWEST 17TH AVENUE AND NORTHWEST 34 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN). WHEREAS, the Miami Zoning Board at its meeting of October 24, 1994, Item No. 9, following an advertised hearing, adopted Resolution No. ZB 108-94 by a seven to zero (7-0) vote, RECOMMENDING APPROVAL of the official closure, vacation, abandonment and discontinuance of a platted six foot easement west of Northwest 17th Avenue, lying between 34th Street and 35th Street, Miami, Florida, subject to the requirements of the Plat and Street Committee; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant the closure, vacation, abandonment and discontinuance of the six foot platted easement as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY CODUCSSION MEET711M OF D E C r' i 'q94 Resolution No. 94- 905 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. The platted six foot easement west of Northwest 17th Avenue lying between Northwest 34th Street and Northwest 35th Street is hereby officially closed, vacated, abandoned and discontinued for public use, as a condition of the approval of Tentative Plat No. 1445A "Graves Subdivision", subject to the requirements of the Plat and Street Committee, for the property located at the northwest corner of Northwest 17th Avenue and Northwest 34th Street, Miami, Florida, legally described as the West 6 Feet of Lot 1, HARPER SUBDIVISION, as recorded in Plat Book 63 at Page it of the Public Records of Dade County, Florida. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of December 1994. i SiFEPHEN P. CLARK, MAYOR AT -TEST: TTY -RIRAI , CITY' CL PREPARED AND APPROVED BY: '4�4 NO, G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY GMM/ms/bss/M4755 APPROVED AS TO FORMA AND CORRECTNESS: Ika) A.9�' N NES, III CI Y AT EY 94- 905 -2- a LOCATION/LEGAL APPLICANT/OWNER ZONING ZONING FACT SHEET NW corner of NW 17th Avenue and NW 34th Street. W 6' of Lot 1, of HARPER SUBDIVISION (63-11) PRDC. Sunbelt -Dix, Inc. a Delaware Corp. 1172 Park Avenue New York, NY 10128 Contact Mr. at L-6600 C-1 Restricted Commercial. PZw 3 Steven W. Simon, Agent 801 Brickell Avenue Miami, Florida 33131 374-7700 REQUEST Vacation abandonment and closure of a platted 6' easement as a condition of the tentative plat for GRAVES SUBDIVISION. RECOMMEN"4TIONS: PLANNIN"', BLDG & ZONING N/A. PUBLIC WORKS (See analysis) PLAT AND STREET (See analysisp DADE CG','HTY TRANSPORTATION No comments. ENFORMA NT HISTORY, IF ANY C.E.B. Case No: N/A. Last Hearing Date: N/A. Found: N/A. Violation(s) Cited: N/A. Ticke ing Action: N/A. Affidd it of Non -Compliance issued on: N/A. Daily Fine: $0.00 Lien Recorded On: N/A. Total -ines To Date: N/A. CEB Action: N/A. HISTORY ANALYSIS The Public Works Department and the Plat and Street Committee have studied the proposed closure of a platted 6' easement west of N.W. 17th Avenue and determine that the closure of this easement will not adversely affect traffic circulation or access for public service vehicles such as trash and garbage trucks, fire, police and/or other emergency vehicles. The Plat and Street Committee has reviewed the tentative plat of "Graves Subdivision" and determined that all technical requirements contained in the City Code of Subdivision Regulations have been met and the closure of this easement and construction of a shopping plaza will benefit the general public. The Public Works Department and the Plat and Street Committee recommend approval of this easement closure request. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER Recommended approval to City Commission subject to tentative plat conditions. 94- 317 Page 1 October 24, 1994 9 905 4J �MMM i.' j�\,\\\ ' ✓ ANDREW JACKSON� tea:,�,� F P_s-1� .1BLIC f ALLAPATTAH SCHOOL-� 10N S I T E PART I %' t N.W. 36 ST. . �s 2 3 a 5 6 T 9 9 10 2 e ,9!10 ++ 1 13,14'15 M A 2 e 3 'HE TR A : a s 2412'�2 b2' ast2 91 pp T{�EES 26 2�� �Q 2 2' 19 g �, S 6 3 L,j 16 0 bo 1124 N, NW. 35 ST, ��• 9 to i1 1+211�;14.1s � jj 6 2 1 3 W 51 „ CMI W ;�l. . ° Z 34 - 'd "' Q i 9 21 2 23 2433 rw 32 Q�4 pyJ®'w 6 a T . ., t00 N. W. 34 S T i T x 'ao 62 96.7 02 s ALLAPATTAH Z� 6 ty rz 11 to • � +62 t I 4 j 3 2 BAPTIST „ 14 3 i 4 r PROPERTY $U6 T:R 6 1 6 7{ t) 9 10 I t 12I13 i 21 22 23 1 24 rTR N.W. 33 ST ` 2 4 s S 4 i 11 12�15 t �- 50 • �p x 7 a 3 2 1 12 11 T! 9 4 3 2 n j 3 s 6 7 i iC 11 12 13 1 lb 2 23 N.W, 32 ST. 21 22 23 24 tJ 14 is 16 iT 16 19 20 21 22 24 11iQ 45 t 4 ti• allso x 7 1 i 13 1# 19 • Z { 6a ax S T N.W. 32 ST. 1 too so ,. ,ee aa.s 3 # • 7 0 9 17 16 15QA 14 13 12 II 110 9 + 2 ! N.W. 31 t &1g 19 20 21 22 e3 24 2s_ 1 94— 905 CAGE MY ry w 111 *. c , 3 4 vJ1 - it., Mr. Henry Crespo and moved its adoption. offered the following Resolution (RESOLUTION ZB 108-94 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION, ABANDONMENT AND CLOSURE OF A PLATTED SIX FEET (6') EASEMENT AS PROVIDED IN THE MIAMI CITY CODE SECTION 54.5-16 (c) AND AS A CONDITION OF TENTATIVE PLAT NO. 1445A, "GRAVES SUBDIVISION", SUBJECT TO THE CONDITIONS OF THE PLAT AND STREET COMMITTEE FOR THE PROPERTY LOCATED AT N.W. CORNER OF N.W. 17TH AVENUE AND N.W. 34TH STREET LEGALLY DESCRIBED AS WEST 6' OF LOT 1, HARPER SUBDIVISION (63-11) PUBLIC RECORDS OF DARE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Ms. Gloria Basila the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales. Messers. Crespo, Carman, Milian, Moran-Ribeaux & Sands. NAYES: None. ABSENT: Ms. Hernandez. Messers. Luaces & Barket. Ms. Fernandez: Motion carries 7-0. October 24, 1994 Item# 9 Zoning Board 7 24- 205, CITY OF MIAMI ADMINISTRATION FOR PLA P. O. APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD (Land Fill and Dredge: Vacation of Street or Alley; Waiver of Developmen rkin Siting Adjustment a other as required) . acation o asemen REQUIREMENTS• 1. Surveys, sketches, plans, as required (see supplemental requirement sheets). 2. 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 owner of real estate within 375' radius from the outside boundaries of the subject parcel. 4. Fee of $1,000.00 to apply toward cost of processing, as follows: - Vacation of public right-of-way: Per square foot of right-of-way ............... ........ ; .75 Minimum ................... 0........... $1,000.00 695 Square Feet Total Feet 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. DA'ft August 29, 1994 The undersigned, being the WAINNOVSk representative of the owner, of the property located atN W CORNER OF N W 17TH AVENUE AND N.W. 34TH STREET, MIAMI, FL And More Particularly Described AA: Lot (s ) A 6' OF LOT 1 Block N/A Subdivision HARPER SUBDIVISION, PB 63, PG11, DADE COUNTY do(es) respectfully petition and request: that the -platted 6' ft easement be vacated in that the whole block is being 0At,tgJ as GRAVES SUBDIVISION (Tentaive Plat); all existing structures are to be demolished and a Winn Dixie Shopping Plaza to be constructed (zipf SI-rzNE ADDRESS PHONE ^ 801 BRICKELL AVE: (305)374-77f)O Suite 1901 S VEN W. SIMON, ATTORNEY Miami. FL 33131 94 — 005 This form must be notarizeo,1 ,,..•••�•ti s/�'�,.��,� ,�t _ LASON SYSTEMS, INC. - SOUTHEAST 6954 N.W. 12 STREET MIAMI, FLORIDA 33126 (305) 477-9149 FAX(305) 477-7526 (800) 287-4799 condition FC 017 A F F 1 0 A V I T STATE OF FLORIDA } } SS COUNTY OF DAOE } Before me, the undersigned authority, this day personalty appeared STEVEN W. SIMON , who being by me first duly sworn, upon oath, deposes and says: 1. That he is tdtagnEWL a: 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, affecting the real property located in the City of Miami, as described and fisted 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 his to a;;,in their behalf for the change, or eadifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attad►ed hereto and made a part of this affidavit contain the current name, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application ant in conjunction with this affidavit are true and correct. Further Affiant sayeth not. ' 10 Sworn to and. "cribad before N this 2. day of AuQ=,, 1924. c submitted ram 1 MUAIN dQZ `r " _ (SEAL) STEVEN R. IMw • 0TA�7Y.�,s; •'pLf3 L1G... •"!�•�,••,.a,,•� g4►,�tY ftft!C STATE OF;I,ORIDA br F �c tMISSION to. ,per 2.1995 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: W 6' of Lot 1, of Harper Subdivision, according to the Plat thereof recorded in Plat Book 63 at Page 11 of the Public Records of Dade County, Florida. No Street Address, NW Corner of NT-T 17th Ave & NW 34th Street, Miami 2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, Question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest: Sunbelt —Dix, Inc., a Delaware corporation 1172 Park Avenue New York, NY 10128 100% Shareholder is: James Price of same address. Telenhone: Mr. Mario Labrit, Real Estate Manager, Miami.Division, (305) 769-6600 3. Legai description and street listed in answer to question real property. None STATE OF FLORIDA } SS: COUNTY OF 0110E } address of any real Property (a) owned by any party 12, and (b) located within 375 feet of the subject _STEVEN W. SIMON. , being duly swam, deposes and says that he is the (§•, (Attorney for fir) of the real property described in ansaw to question He above; that he has road the forageing answers am that the sasio are tnme and complete; and (if acting as attorney for owner) that M has authority to execute the Disclosure of Ownership form an behalf of. the owner. • n64 - 7_ 5a(2(SEAL) (Namp) suORN TO AND suaualua ,-� A before a>t this , 2 day of August 192t . tay Public. State of Florida at Hinetfe . G MY COMISSION EXPIRES: t9 d _ C� •`...c1 r NOTARv A&IC•STATE�IOA aI ® Jr 0 t01 int0A_tip. .. �i'195 Name & Address of Owner: Sunbelt -Dix, Inc., a Delaware corporation 1172 Park Avenue New York, N.Y. 10128 100% shareholder of Owner: James Price 1172 Park Avenue New York, N.Y. 10128 Telephone contact for Owner: Mr. Mario Labrit Real Estate Manager Miami Division 305-769-6600 Legal Description: W 6' of Harper Subdivision, according to the Plat thereof recorded in Plat Book 63, at Page 11 of the Public Records of Dade Countyy Florida 94- 905