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HomeMy WebLinkAboutR-91-0681E J-91-692 9/26/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 18TH AVENUE LOCATED ± 127.86' NORTH OF THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 23 TERRACE FOR A DISTANCE OF ± 157.99' PLUS CUL-DE-SAC WHICH IS LOCATED AT 2420 NORTHWEST 18 AVENUE, MIAMI, FLORIDA; ZONED GI GOVERNMENT AND INSTITUTIONAL; SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES; SAID CLOSURE, ABANDONMENT AND DISCONTINUANCE BEING A CONDITION TOGETHER WITH ALL RECOMMENDATIONS OF THE PLAT AND STREET COMMITTEE, FOR THE APPROVAL OF TENTATIVE PLAT NO. 1400 - "AMENDED PLAT OF COMSTOCK ELEMENTARY SCHOOL". WHEREAS, the Miami Zoning Board at its regular meeting of July 15, 1991, Item No. 7, duly adopted Resolution ZB 40-91 by a nine to zero (9-0) vote, RECOMMENDING official vacation and closure of a portion of a street as herein set forth, in accordance with all recommendations of the Plat and Street Committee; 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 to grant the vacation and closure of the street portion in question, subject to the approval of the Department of Fire, Rescue and Inspection Services, 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. Section 2. The portion of Northwest 18th Avenue located ± 127.88' North of the North right-of-way line of Northwest 23 Terrace for a distanoe of ± 157.99, plus cul-de-sac COI sIAINLD ------------ CITY COMMISSION MEETING OF S c P 26 1991 91— 681 RESOLVIO! M. as a condition of approval of Tentative Plat No. 1400 - "Amended Plat of Comstook Elementary School", which is located at 2420 Northwest 18 Avenue, Miami, Florida; Zoned GI Government and Institutional, is hereby closed, vacated, abandoned and discontinued for public use, subject to the approval of the Department of Fire, Rescue and Inspection Services, said closure, vacation, abandonment and discontinuance being a condition in addition to all of the recommendations of the Plat and Street Committee, as set forth in Exhibit "A" attached hereto, for the approval of Tentative Plat No. 1400 - "Amended Plat of Comstock Elementary School". Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of Se tembez ,1991. ATOYHIRAI MA CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY VIER L. APPROVED AS TO FORM AND CORRECTNESS: A . QII cTON I I I CITY ATTORN GMM/ra/M2442 =� AREZ, 51---- 681 Ar QL, i t� IIf i�z�ci LUIS A. PRIETO•PORTAR, PH.D., P.E. Director .rr.i 004," - June 4, 1991 The School Board of Dade County, Florida 1444 Biscayne Boulevard, Suite ♦302 Miami, Florida 33132 Attn: Michael Levine Oear Mr. Levine: COMSTOCK ELEMENTARY SCHOOL - TENTATIVE PLAT •1400 CESAR H 0010 Cov Manager The City of Miami Plat and Street Committee, at Its meeting of May 3, 1991, approved the above tentative plat subject to the 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. - Since the designation for tracts begins with Tract "B" and not Tract "A", then provide In Surveyor's Notes that the Tract "A" designation was a former designation. (Contact Jo Reid, Planning, BulIding & Zoning Department). - Show the base building line on N.W. 18 Avenue. - Relrove wall encroachment -In N.W. 18 Court. - Information regarding the height and spread of trees will not be required for the street closing procedure. - Fire hydrants will be required at the following locations: N.W. 18 Court at N.W. 23 Street N.W. 18 Court at N.W. 28 Street (Contact Lt. Robert Florello, Fire, Rescue & Inspection Services Department). Page 1 of 3 DEPARTMENT OF PUBLIC WORKS/275 N.W 2nd Slreeilmiamr. Florida 131:8i13051 579.6856 bl - 681 The School Board of Oade County June 4, 1991 Comstock Elementary School - 12" Water, main extensions will be reauIred at the following locations: N.W. 18 Court (23-24 Streets) N.W. 27 Street (18 Court-17 Avenue) (Contact Rick Herrera, Miami -Dade Water a Sewer Authority Department). - Meet the requirements of Florida Power and Light Company regarding easements and service. - The Plat & Street Committee has considered your request to close and vacate that portion of N.W. 18 Avenue north of N.W. 23 Street and finds that said closure meets the public Interest requirements set forth In Sec. 54.5-18 of the Miami City Code. You may proceed with the vacation and closure process which requireS public hearl"ngs before the Miami Zoning Board and Miami City Commission. 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 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. 3. 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. Page 2 of 3 J1.- 681 The School Board of Dade County Comstock Elementary School June 4, 1991 S. Tentative plat approval Is oni'y 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 concern Ing these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, ;James J. Kay, E. Chairman, Plat & Street Committee JJK:pc Enclosure: Contact Sheet a�a?1 .��foR CC: 813cayne Engineering Company _ Plat and Street Committee Members File Page 3 of 3 91-- 681 EXHIBIT "A" To close, vacate and discontinue from public usage all that portion of N.W. 18th Avenue, lying North of a line that is 183.03 feet North of and parallel with the South boundary of the NE 1/4 of the SE 1/4 of Section 27, Township 53 South, Range 41 East, Dade County, Florida, and its Westerly projection to the point of intersection with the West bound- ary of N.W. 18th Avenue. All of the foregoing as a condition for approval of Tenta- tive Plat No. 1400 AMENDED PLAT OF COMSTOCK ELEMENTARY SCHOOL. 91- 681 PZ=7 LOCATION/LEGAL 2420 NW 18 Avenue TRACT B TENTATIVE PLAT #1400 "AMD PLAT OF COMSTOCK ELEMENTARY SCHOOL" ; APPLICANT/OWNER The School Board of Dade County, Fla. 1444 Biscayne Blvd. Ste. 302 Miami, FL 33132 Phone 995-7280 William H. Turner, Chairman 1450 NE 2nd Avenue Miami, FL 33132 Phone 995-7280 ZONING GI Government & Institutional REQUEST Official vacation and closure of that portion of NW*18th Avenue located ± 127.86 'north of the north r-o-w line of NW 23 Terrace for distance of ± 157.99, plus cul-de-sac as a condition of approval of Tentative Plat #1400 "Amended Plat of Comstock Elementary School". RECOMMENDATIONS PLANNING BUILDING AND ZONING DEPARTMENT APPROVAL IN ACCORDANCE WITH THE CONDITIONS ESTABLISHED BY THE PLAT -AND STREET COMMITTEE. The official vacation and closure of !this portion of NW 18th Avenue is deemed necessary for the further enhancement of Comstock Elementary School. The subject portion of the street currently dead ends into a cul-de-sac that only serves the abutting property owners; and it is not deemed necessary for the overall public interest. 0 9149400,144 CGI AND T ZONING BOARD a This property is currently being replatted and the tentative plat has met all of the technical requirements of the subdivision Regulations contained in Chapter 54:4 of the City Code. The Plat and Street Committee recommends approval of this request to close and vacate a portion of N.W. 18th Avenue. No Objection. At its meeting of July 15, 1991, the Zoning Board adopted Resolution ZB 40-91, by a 9-0 vote recommending approval of the above. Two OPPONENTS_ and four PROPONENTS were present at the meeting. 91 681 a 0 ALLAPATTAH COMSTOCK PARK w >4 ,rmAc,r A- MSTOCK G/1 MENTARY CHOOL w t: ALL ATTAR YMCA I I Awl $us iL * :.In Tot A 23 ST TR Z� " �l 'sowft TR SU PL VICO !, V'su III L IF A. IT TIL if NW ZE N.W. • TRACT- T • w 3 14 5 2 Was 141v in!, TRACT-2 Z TE RR. N.W I LD is To A177 2 'Y a Ft Ila ia ll� 112 31141te Its I I • Is 21 S T. N W a #11 if Ilia 1� Tp. A' it flo t4 I . WL 's joYet!foin! • Ilia 91- 681 a 4 CITY OF MIAMI i DEPARTMENT OF ADMINISTRATIOlTFUFTUNNING ANO ZONING BOARDS P.O. BOX 330708 MIAMI. FLORIDA 33133 Tel, 579-6082 APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD. (Land -r44;-and-Dredge------------ uaeat4en-ef-Street-or-A44eyj--44i-ver-o4- -0av e.1 a�rt:ent _af. Aar_wuatj* 4t.Ci.ng..",p,1rrw nry -4 *1- rtgvi�eo-?-. vacation of Streets and Alleys as shown on approved Tentative Plat No.1400 REOUIREMENTS: �. Surveys, sketches, plans, as required (See supplemental requirement sheets) Z. 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 9,990.00 to apply toward cost of processing, as follows: Vacation of public right-of-way: Per square foot Of r'gFFT07-way................................ S 0.7 S Minimum .......................... a000a.a09-$1,000.00 265 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. DATE - Flay 3i5� Ic,g( The undersigned, being the owner or representative of the owner, of the property located at 2420 N.W. 18th Avenue AND MORE PARTICULARLY DESCRIBED AS: LOT(s) See attached sheet for complete legal BLOCK description of property subject to platting SUBDIVISION doses) respectfully petition and request please see attaci�cd "EXHIBIT ".A" MAE SIGNED ADDRESS lzipl PHONE NO. StAte 302, `tin, , . Y ' '2 91-- 681 This form must be notarized 2 2I81 ;,- fi�15 3r rr Onh Of M-+1 iv Cate -t Flortza at _ AiOl3.y �'_bi;C, STAM 01 FIV:34 of r3"1#4 0 r] STATE OF FLORIDA) )SS COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared William H. TLgner __ ___ ___- , 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 set 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. 'IIIE SCHOOL BOARD OF DADS Y, FLORIDA SEAL) ( Name) WIII.TIIM H. ILKER, O KIRFE XV Sworn to and Subscribed before me this 3/rrday of Rod ,199-1 Notary PutYic, State of Florida at Large My Commission Expires: t&7r 2y 199I 11 s O'WNER'S LIST U Owner's lame Tvc crumt Aneun of DADE COUNTY,- FWRJQA Mailing AddressJ.4A4 Ric aynp Boulevard, Suite 302, Miami. _EL 33132 7 e l epnone Number (305) 995-7280 _ Legal Description: SEE ATTACHED sheet for description of parcel of land to which The School Board of Dade County, Florida, holds fee simple title. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 31S' of the subject site is listed as follows: Street Address Legal Description NONE Street Address Legal Description W 1. Legal description and street address of subject real property: For legal description see EXHIBIT A attached hereto street address is 2420 N.W. 18th Avenue. ' 2. .Owner(s) of subject real property and percentage of ownership. Note: Citv of Miami 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 all shareholders of Wrporations, beneficiaries of trusts, and/or any other interested parties, tooether with their addresses and proportionate interest. THE SCHOOL BOARD OF DADE COUNTY., FLORIDA, a Body Corporate and Politic under the Laws of the State of Florida. 1444 Biscayne Boulevard, Suite 302, Miami, Florida 33132 100% Interest in parcel of land described in No. 1 above. 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. NONE STATE OF FEDRMA ) SS t COMCY CT DADE i / j Johnny Brown , being duly sworn, deposes and says that ne is the ( (Attorney for Owner) of the real property described in answer to question f1, that he has ad the foregoing answers and that the rant are true and awl ter and ( acting as attorney for owner) that he has authority to-execu, is Di closure of Ownership fors on behalf of the owner. SWOEW M AND samcmJ before me this 11th day of June—i-T981 . sc, stsca 0_ 91 _ 6 1 Florida at Large MY CWK SS IM EX?Ii t �. 4, i:94 S"!'Ai'E Of F MUDA ) SS: COO= OF DARE ) t William H. Turner , being duly swarn, deposes and says that ne is the duly amointeo .�hairnerson of ''� the owner of the real pt. rty aes=Xoeo in answer to question 3 ,, acove; that he has read the foregoing answers; that the same are true and com- plete t and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner., - The School Board of Dade County, Florida, a Body Corporate and Politic, under the taws of the State of Florida. • SEAL) l Na�oe Will ien H. Truer, QW person SMM M AND RED before me this /rr day of ag cl 91 rd CCMMISsim, E pins: S-Eff v !'f( QW%T*--/ab/025 ic, tate of arida at Large 91 681 r� LEGAL DESCRIPTION: A portion of Tract "A", COMSTOCK ELEMENTARY SCHOOL SITE, according to the plat thereof, recorded in Plat Book 86 at Page 93 of the Public Records of Dade County, Florida; all that portion of N.W. 18th Avenue as delineated on said plat, lying North of a line that is 178.03 feet North of and parallel with the South boundary of the NE1/4 of the SE1/4 of Section 27, Township 53 South, Range 41 East, Dade County, Florida; and a portion of the South 1/2 of the SE1/4 of the NE1/4 of the SE1/4 of Section 27, Township 53 South, Range 41 East, Dade County, Florida, ALL OF THE FOREGOING being more particularly described as follows: COMMENCE at the point of intersection of the most Southerly boundary and the West boundary of Tract "A", COMSTOCK ELEMENTARY SCHOOL SITE, according to the plat thereof recorded in Plat Book 86 at Page 93 of the Public Records of Dade County, Florida; thence run North 000 00' 43" East along the Southerly production of the West boundary of said Tract "At/ for a distance of 24.90 feet to the point of curvature of a curve, concave to the Northeast, having a radius of 25.00 feet, said point being the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence continue North 000 00' 43" East along the West boundary of said Tract "A" for a distance of 311.01 feet to a point of deflection; thence continue North 890 46' 25" West for a distance of 37.85 feet to the point of intersection with the West boundary of said Tract "A"; thence run NORTH along the last described line for a dis- tane of 286.00 feet to a point of deflection; thence run South 890 46' 12" East for a distance of 37.91 feet to the point of intersection with the West boundary of said Tract "A"; thence run North 000 00' 43" East along the last described line for a distance of 310.76 feet to the point of curvature of a curve, concave to the Southeast, having a radius of 25.00 feet; thence run Northeasterly, Easterly and SoutheastlY, along the arc of said curve, through a central angle of 900 12' 40', for a distance of 39.36 feet to'the point of tangency on the North boundary of said Tract "A"; thence run South 890 46' 37" East along the described line for a distance of 274.10 feet to a point of deflection; thence run South 000 00' 15" East for a distance of 310.89 feet to a point of deflection; thence run South 890 46' 00" East for a distance of 639.40 feet measured (639.32 feet Deed) to the point of intersection with the West Right -Of -Way boundary of N.W. 17th Avenue; thence run South 000 01' 00' East along the last described line for a distance of 306.15 feet measured (306.03 feet Record) to the Northeast corner of Tract "A", ALLAPATTAH Y.M.C.A., according to the plat thereof recorded in Plat Book 94 at Page 52 of the Public Records of Dade County, Florida; thence run North 890 45' 45" West along the North boundary of Tract "A" of said ALLAPATTAH Y.M.C.A. for a distance of 514.00 feet to the Northwest corner thereof; thence run South 000 01' 00" East along the West boundary of said ALLAPATTAH Y.M.C.A. for distance of 187.99 feet to the point of intersection with a line that is 178.03 feet North of and parallel with the South bound- ary of the NE1/4 of the SE1/4 of Section 27, Township 53 South, Range 41 East; thence run North 890 46' 10" West along the last described line for a distance of 150.46 feet to the point of intersection with the West Right -Of -Way of N.W. 18th Avenue; thence run South 000 00' 15" East along the last described line for a distance of 127.86 feet to the point of curvature of a curve, concave to the Northwest, having a radius of 25.00 feet; thence run Southeasterly, Southerly, South- westerly, Westerly and Northwesterly, along the arc of said curve, through a central angle of 900 14' 38', for a distance of 39.37 feet to a point of tangency on the South boundary of said COMSTOCK ELEMEN- TARY SCHOOL SITE; thence run North 890 45' 37" West along the last described line for a distance of 224.46 feet to the point of curvature of a curve, concave to the Northeast, having a radius of 25.00 feet; thence run Northwesterly, Northerly and Northeasterly along the arc of said curve, through a central angle of 890 46' 20", for a distance of 39.17 feet to the point of tangency, said point being the POINT OF BEGINNING. 91- 681