HomeMy WebLinkAboutR-89-0910J-89-930
9/27/89
RESOLUTION NO. 89..910,
A RESOLUTION RESCINDING RESOLUTION
NO. 89-749, PASSED AND ADOPTED ON JULY 31,
1989" WHICH DEALT WITH THE VACATION,
ABANDONMENT AND DISCONTINUATION OF A CERTAIN
STREET, IN ORDER TO CORRECT A SCRIVENER'S
ERROR; FURTHER CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT
PORTION OF SOUTHWEST 30 AVENUE LYING SOUTH OF
THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST
28 LANE AND NORTH OF THE METRORAIL
RIGHT—OF-WAY, IN ACCORDANCE WITH ALL
REQUIREMENTS CONTAINED HEREIN, SAID
REQUIREMENTS BEING ESTABLISHED AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT NO. 1351
"C.S.B. SUBDIVISION."
WHEREAS, on July 31, 1989, the City Commission passed and
adopted Resolution No. 89-749, closing, vacating, abandoning and
discontinuing the public use of that portion of Southwest 30th
Avenue, lying south of the southerly right-of-way line of
Southwest 28th Lane and north of the Metrorail right-of-way, in
accordance with all the requirements of the City of Miami Code,
as well as those of the City's Plat and Street Committee and the
Miami Zoning Board, subject to certain conditions set forth
therein; and
WHEREAS, said Resolution No. 89-749 contained a scrivener's
error in that an incorrect reference was made to title and number
of the tentative plat; and
WHEREAS, the City desires to rectify this error by
rescinding said Resolution No. 89-749 and adopting another
Resolution in its stead; and
WHEREAS, the City's Plat and Street Committee has determined
that the technical requirements of the herein proposed plat have
been met and it has no objection to the street closure provided
that a pedestrian and utility easement be granted between
Southwest 28 Lane and the Metrorail right-of-way; and
WHEREAS, the Miami Zoning Board, at its meeting of May 1,
1989, Item No. 5, following an advertised hearing, adopted
CITY COMMISSION
MEETING OF
OCT 12 1989
RESOLUTION No. ` 9-91
REMARKSe _ —
Resolution No. 50-89 by an eight to zero vote (8-0) RECOMMENDING
the herein vacation and closure; and
WHEREAS, the applicants have provided an easement, included
within their tentative plat, to the Public Works Department of the
City of Miami for pedestrian and utility use between Southwest 28
Lane and the Metrorail right-of-way prior to closure of this
street; and
WHEREAS, within thirty (30) days from the date hereof, the
applicants will furnish to the City a covenant running with the
land and containing a reverter clause stating that in the event
this property is required or requested by any governmental agency
for transportation purposes, as a connection to U.S. 1, within ten
(10) years from the date of this covenant, the applicants and
their successors in interest will rededicate the above -described
property to the City; 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 herein vacation, abandonment,
discontinuation and closure;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble of this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Resolution No. 89-749, passed and adopted by the
City Commission on July 31, 1989, is hereby rescinded in its
entirety.
Section 3. In accordance with all requirements set forth
above which are established as a condition for approval of
Tentative Plat No. 1351 "C.S.B. SUBDIVISION", that portion of
Southwest 30 Avenue lying south of the southerly right-of-way
line of Southwest 28 Lane and north of the Metrorail right-of-way
line, zoned I-1/7, Light Industrial, more particularly described
as a portion of Southwest 30th Avenue having for its southerly
f
limits the extensions of the southerly lines of Blocks 7 and 15
and for its northerly limits, the extensions of the northerly
lines of said Blocks 7 and 15, as shown on the plat of Commercial
Silver Bluff Section 21 as recorded in Plat Book 28, at Page 20,
of the Public Records of Dade County, Florida, lying and being in
the southeast 1/4 of Section 16, Township 54 South, Range 41
East, Dade County, Florida, is hereby closed, vacated, abandoned,
and discontinued for public use.
PASSED AND ADOPTED this 12th day of
ATT T:
L��
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
GMM/yv/M1206
October , 1989.
APPROVED AS TO FORM AND
COR ECTN
;n
J RGE L. F RNANDEZ
C TY AT�2EY
.
CITY OF MIAMI, FLORIDA
INTER QFFl4;,MEMCiEiAN6( M
CA=38-----
TO ` Aurelio Perez-Lugones DATE September 27, 1989 FILE:
Legislative Administrator
FROM: G. Miriam Maer
Chief Assistant City Attorney
SUBJECT : Correction of Scrivener's
Error, C.C. Mtg. 10/26/89;
Rescission of Resolution
REFERENCES: No. 89-749, Adopted 7/31/89,
C.S.B. SUBDIVISION (Tentative
ENCLOSURES: Plat No. 13 51)
Attached find a proposed resolution rescinding a previously
adopted resolution and reconfirming the street closure in the
following plat: - C.S.B. SUBDIVISION (Tentative Plat No. 1351).
The proposed resolution will correct, in addition to other
discrepancies, the tentative plat reference and number.
Thank you for your cooperation in this matter.
GMM/yv/P237
Attachment
cc: Matty Hirai, City Clerk
Gloria Fox, Hearing Boards
i