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HomeMy WebLinkAboutR-92-0598•r J-92-520 7/7/92 RESOLUTION NO. 92- 598 A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHEAST 4th STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 1ST AVENUE, FOR A DISTANCE OF APPROXIMATELY 490', THE EAST 10' OF THAT PORTION OF NORTH MIAMI AVENUE BETWEEN NORTHEAST STH STREET AND NORTHEAST 4TH STREET, FOR A DISTANCE OF APPROXIMATELY 308', AND THE SOUTH 10' OF THAT PORTION OF NORTHEAST 5TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 1ST AVENUE, FOR A DISTANCE OF APPROXIMATELY 80' SAID ACTION BEING A CONDITION FOR THE APPROVAL .OF TENTATIVE PLAT NO. 1430-A "FEDERAL BUREAU OF PRISONS". WHEREAS, the Miami Zoning Board at its meeting of July 6, 1992, Item No. 1, duly adopted Resolution ZB 70-92 by a seven to zero (7-0) vote, RECOMMENDING official vacation and closure of a portion of a street as herein set forth; WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of that portion of a street in questions and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COTmmon MEETING OF SEP 2 4 M2 Reeolutim Na 92- 598 4� 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 portion of Northeast 4th Street between North Miami Avenue and Northeast 1st Avenue, for a distance of approximately 4901, the East 10' of that portion of North Miami Avenue between Northeast 5th Street and Northeast 4th Street, for a distance of approximately 3081, and the South 10' of that portion of Northeast 5th Street between North. Miami Avenue and Northeast 1st Avenue, for a distance of approximately 80', 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. 1430-A - "Federal Bureau of Prisons". Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of §eptember , 1992. ATTE RATTY HIRAI CITY CLERK XAVIER L 2 92- 598 - - , ok I PREPARED AND APPROVED BY: G. MIRIAM MAE CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GMM:ra:M3053 - 3 - ZONING FACT SHEET PZn6 LOCATION/LEGAL N. Miami Ave., NE 1st Ave. and NE 4th 6 5th Streets. Complete legal description in the Nearing Boards Office files. APPLICANT/OWNER Bureau of Prisons, U.S. Department of William Patrick, Deputy Assistant Justice Director, Agent 51 SW 1st Avenue, Suite #1216 c/o Gus Baldovinos Miami, Florida 33130 Home: Work: 536-7560 536-7560 ZONING CBD Central Business District, and G/I Government and Institutional REQUEST Official vacation and closure of that portion of NE 4th Street between North Miami Avenue and NE 1st Avenue, for a distance of approximately 4901, the east 10' of that portion of North Miami'Avenue between NE Sth Street and NE 4th Street, for a distance of approximately 3081, and the south 10' of that portion of NE 5th Street. between North Miami Avenue and NE 1st Avenue, for a distance of approximately 80'; all as a condition of Tentative Plat /1430-A "FEDERAL BUREAU OF PRISONS". RECOMMENDATIONS: PLANNING, BLDG 6 ZONING No comments PUBLIC WORKS No comments PLAT AND STREET Approval DADE COUNTY TRANSPORTATION t ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Affidavit of Mon -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Comments: N/A HISTORY ANALYSIS The Plat'and Street Committee has reviewed this Tentative Plat t1430-A and has determined that it meets the technicai'requiremients contained in the City Code and recommends approval of the requested vacation and closure of above right-of-ways. 92-- .598 MHUG BOAR 'CITY COMMISSION h At its meeting of July 6, 1992, the Zoning Board adopted Resolution ZB 70-92 recommending that rights be reserved on the 10' abutting North Miami Avenue for sidewalk, by a vote of 7-0 recommending approval of the above. Seven PROPONENTS and two OPPONENTS were present at the meeting, One reply in FAVOR and three AGAINST were received by mail. At its meeting of July 16, 1992, the City Commission continued the above. 99-- 598 i • 1 , ....,...r.�g.......�...r.S T y E A ,rn. rrF'~ S T A J� I 1 Z r l I � s e Z slv •e i t �, 1 >� TRACT 9 1 » • • - ) 1 I • • v • t • ! 1 ►° e "g p 2 v I• % I• t 1! Q II tl if r. H It I• It Q •�1� ri��llr Klr.�r of 61( I► N► MI •I.Ms M .trt: t w > Q v • e t r �v • is , . �� -i WAIF ,;F Ed w " AL . pr pp Iwo ��0000��ao l0�ee�� oi,�o�v�oo N.W 5 � s.j...�%,.; N. E . % L.._.... ; t0 W. 1� 3 • : N Of 1 1 . �s . I ► .� N i i 1 1 r N T. I 1 ' 1 ry I r! I r l �f D• i ! r .J N.W 5 � s.j...�%,.; N. E . % L.._.... ; t0 W. 1� 3 • : N Of 1 1 . �s . I ► .� N i i 1 1 r N T. I 1 ' 1 ry I r! I r l �f D• i ! r .J esre.� S t y Y wi : CIT Y OF MIAMI DEPARTMENT OF AOMMST FOR MING AND P.O.-BOX 330708 MIAMt. FLORIOA 33133 Tel. S79-6082 APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD (Land Fill and Dredge; Vacation of Street or Allay; Waiver of Development of Parxing; Siting Adjistment A otne-s as required). RE U_ Q _ 1. Surveys, sketches, plans, as required (5et 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 owners of real estate within 3751 radius from the outside boundaries of the subject parcel. 4. Fee of r:xe1,6.77-* to apply toward cost of processing, as follows: iIr (l,�,C�Q�F�fNti/rNT ,EExENPT Vacation of public right-of-way: Per square foot of r g -o -way................................5 0.75 MiniWA....................................j 1,0 00.00 Total Feet S. 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. GATE The undersigned, being the owner or/ represenntaa/tive of the owner, of the property located at ��r N4 5' �7b !/2C2C�f" AND MORE PARTICULARLY DESCRIBED AS: LOT(s) Gee BLOCK SUBDIVISION dales) respectfully petition and request 4e 1 6:7&6 O/— AAE 49 611.PW A?; �ZWN 111-MA A114VI Aen,`e /.in _J 1(3,41 �J - ' ° trip) SIGNED urvnil a� ?etsnais ADORES PHONE NO. W.S. Ck�ai4fnrerd-o�-Jus�iee. q 2 -- � « o F F t 0 A V.I � L STATE OF rWRIGAjS5 COUNTY Or DADZ f Before me, the undersigned authority, this day personally appeared 1 who being by me first my 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 A0,L hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miasi, 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, sailing 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. Sworn to and Subscribed before me this firth day of Q= Notary Public, State of PEii�kdft at mare I My Commission Expires: 5=.,.Qt , 1q4L4 - n. A �ss�-Ixn'I(v.s 92--- 598 a =Ag 1 v ___1u_; \,�,r-.� • SvX , (k_ duly ., om, depom am SAP hilt A! IS We GUY 01MOXIMMIG_ c_:� ��� �Kc1•^ Of � Q'S� tht OWWr Of tht VIv PM*UtY GMEB=WW lA WMPMtr t+O g1XtUM i•, ; that he has rad the totrgose+q WUMrst that tht sam are tru* W com plus t shd that he has tw aft oarity to Numts this OLWAO@= at cum - sW tmm or brhalf of the oanas. t� 1 ca-ems,/ I mamma I MW TO AND baton m this d8 day of c.��at M tmracam, FXPI=: . A �� � 92- 598 A DICUMM or V I. L*gal description aid street addtlsa of 5e*2. a#ac.hed ,':Ty OF 4hiu subject real pzoperryn '92 MAY 22 A .37 2. •Owmr(s) of subject real property and percentage of ownership. Note: City of Miasii Ordinance No. 9419 requires disclosure of all parties having a financisl interest, either direct or indirect, in the swjetrt matter of a presentation, request or petition to the City Cassission. Accordingly, question 12 requires disclosure of all shareholders of aorporatia�s, beneficiaries of trusts, aW r any other interested parties, together with their addresses and prmparticnme interest. ,N6 4;aq &� A- he doe Closed �J a-S, G0ve?.P1Mrb3T Ct-r� 04 KA i z" 1 - 20/, ± 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 92, and (b) located within 375 feet of the subject real property. N' pit/ 155' 1 � 1u. � l l...✓ ..itl� S= OF 79CLIM) SS: Co= of Nor ) being duly awed, deposes and says teat no is trio ( 'caner) (Attorney or Owner) of the real property described in answer to question il, eft" i that he bas read the faaegoing answers and that the same are true and empletei acid tit actIM as attorney for owner) that he has authority to execute tail D' of punsrship forma an behalf of the owner. _ 2u1�dU ci� PRwI� S SHv so ADD S( baftra se this 9-3 CcV,' ���� �� 92- 598 %oclmry c. tars - t�n�, • I r �� DMIC iJrE OF 04rt;MR11P 1. Legal description and street address of subject teal property-. 2. Ownar(s) of subject real property " percentage of ownership. Motet City of Miami Ordinance No. g419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the suoject matter of a presentation, request or petition to tho City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. U,S GOqERNMEt1T� DEPa�rM T a� Jos c� , 8�areau a-� fXISON' e,,'% ± CiT� a� ►�;-Z c% + 3. Legal 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 property. Nor p�pPWCA6L.9-. W-Jadzel�v ..6-rZi4 a.1�4 -4 Cesar H. Odio , be duly sworn, deposes and says that no is the (vner) (At r of the real proaerty described in anaver to quest il, above. that has toad the foregoing answers and that the same are true and campl.atet and (if acting as attorney for owner) that he has authority to exeatte this D sclosute of Ow arship form on behalf of the owner. v civ c__-�- (BRAE) l amel SW= TO AND before I�ewthis sQ; 9 — 5 �1.• ..G!� 8 c LANNES AND GARCIA, INC. ENGINEERS a LAND SURVEYORS a LAND PLANNERS 359 Alcazar Avenue Phone: (305) 66667909 (Dade) Coral Gables, Florida 33134 (305) 523.8663 (13roward Box 561131 1.800-433-3400 (Florida Miami, Florida 33156 (303) 559-3002 (Pax) July 2, 1992 DISCLOSURE OF OWNERSHIP OF.RIGHT OF WAY TO BE VACATED DESCRIPTION: "That portion of N.E. 4th Street, lying between blocks 78 North and 85 North, City of Miami, according to the Plat of "A.L. KNOWLTON'S MAP OF MIAMI", as recorded in Plat Book B, Page 41 of the Public Records of Dade County, Florida, being bounded on the East and West by the East and West block lines extended of said Blocks 78 and 85 North, along and together with the East 10.00 feet of North Miami Avenue R/W lying West of said Block 78 North and the South 10.00 feet of the West 81.25 feet of N.E. 5th Street R/W, lying North of said Block 78 North. All land lying and being in the City of Mimai, Dade County, Florida. /D 92- 598 '&+ LEGAL DESCRIPTION rnw it*T A parcel of land lying in and being a part of Section 1, Township 54 south, Range 41 East also known as the James Hagan Donation# Section �7 Township 54 South, Range 41 East and being more'' particularly described as follows: All of blocks 78 and 85 North, City of Miami, according to the Plat of "A.L. KNOWLTON'S MAP OF MIAMI", as recorded in Plat Book B, at Page 41 of the Public Records of Dade.County# Florida and that portion of N.E. 4th Street, lying between said Blocks 78 and 85 North, being bounded on the East and West by the East and -West Block lines extended of said Blocks 78 and 85 North, along and together with the East 10.00 feet of North Miami Avenue R/W lying West of said Block 78 North and the South 10.00 feet of the West 81.25 feet o.f N,E. 5th Street R/W lying North of said Block 78 North, LESS the Metro Mover Complex in Lots 1 through 3 and all of Lot 4 of said Block 78 North. All land lying and being in the City of Miami, Dade County, Florida and containing 8.90::Acres more or less. Grost and 7.36 Acres more or less Net. i 99- 598 U.S, Departtir"fl of Justice Federal Bureau of Prisons Washington, DC20534 July 15, 1992 Cesar Odio, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Re: Proposed Vacation and Closure of Portions of Streets Adjacent to the Metropolitan Detention Center (MDC), Miami, Florida, Scheduled for Public Hearing July, 16, 1992 Dear Mr. Odio: At the request of Ms. Miriam Mayor, an Assistant Attorney with the City Attorneys Office, this letter is to confirm that William J. Patrick, is a current employee, in good standing, of the Federal Bureau of Prisons, United States Department of Justice (Bureau). In his capacity as Deputy Assistant Director, Administrative Division, this letter further confirms that Mr. Patrick is authorized to represent the interests of, and to act for, the Bureau with regard to the above matter (as more fully described on the enclosed copy of a Notice to the Public), including, but not limited to, representation of the Bureau before the City of Miami City Commission at the above hearing, and any continuances, or further proceedings in connection with the proposed vacation and closure. Thank you for your attention in this regard. Sincerely, Wallace H. Cheney Assistant Director/Genera Counsel Enclosure cc: A. Quinn Jones, City Attorney 1� 92- 598 of t�trct LUIS A. PRIETO-PORTAR, PH.D., P.E. Director June 26, 1992 .94 JUL 13 All :18 B. Cubbedge Phillips Norman Ascher and Associates, Inc. 46 N.E. Sixth Street Miami, Florida 33132 Dear Mr. Phillips: USAR H- ODIC) C,n 10'in,,14-f VACATION AND CLOSURE OF A PORTION OF NORTH MIAMI AVENUE BETWEEN N.E. 4 STREET AND N.E. 5 STREET I enjoyed meeting with you last month at the Miami Zoning Board Meeting and hope that I can clear up your concerns regarding the subject street closure. The Federal Bureau of Prisons is platting properties on both sides of N.E. 4 Street between N. Miami Avenue and N.E. 1 Avenue in order to develop a comprehensive courtroom and detention facility. A walkway across N.E. 4 Street is planned to connect the existing and proposed buildings at the site. For security reasons the federal government will be closing N.E. 4 Street as part of the plat. N.E. 4 Street will be retained as an easement for public utilities and pedestrian access. Prior to the Federal Bureau of Prisons filing for a replat of the property, the City of Miami declared the "Chaille Block" as an historic site. As the platting procedure progressed, the City of Miami met with the Federal Bureau of Prisons on several occasions to agree upon how the Chaille Building would be modified and preserved. It was agreed by all parties that in order to leave the Chaille Building facade in place, all portions of the structure would have to remain on private property. Since a portion of the existing sidewalk, columns and second story presently encroached into the public right of way, it became apparent that the easterly 10 feet of North Miami Avenue would have to be vacated and closed and remain as a pedestrian easement. This closure of the easterly 10 feet on North Miami AVenue will in no way impact on the number of driving lanes (currently three (3) lanes southbound) or movement of traffic. The current pavement width will remain the same and traffic will remain three (3) driving lanes southbound. Page 1 of 2 92-- 5!,4$ 1:2, . DEPARTMENT OF PUBLIC WORKS/27S N.W. 2nd Street/Miami, Florida 33128/1305) 579-6856 i 7 7 B. Cubbedge Phillips (Cont 'd.) The vacation and closure of all rights of way in connection with the Federal Bureau of Prisons Plat will be heard as a public hearing item before the Miami Zoning Board sometime during the month of July 1992. Should you have any questions or need additional information, please contact me at 579-6865. Sincerely, !'59mes J. ay Assistant Dir for �.,;�r JJK/tmk cc: Hearing Boards Division Sarah Eaton, Planning, Building and Zoning Page 2 of 2 0