HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 09-00142ec
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF AN EASEMENT LOCATED BETWEEN DOUGLAS ROAD
AND SOUTHWEST 38TH AVENUE AND BETWEEN PEACOCK AVENUE AND
SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on July 13, 2009, following an advertised
public hearing, adopted Resolution No. ZB-R-09-0040 by a vote of five to two (5-2), Item no. Z.3,
recommending denial of closing, vacating, abandoning, and discontinuing that portion of an easement
as set forth; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the
subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic
circulation or access for public service; and
WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined
that all technical requirements have been met; and
WHEREAS, notwithstanding the Zoning Board's recommendation of denial, 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 an easement as hereinafter described, 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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A portion of an easement located between Douglas Road and Southwest 38th Avenue
and between Peacock Avenue and South Dixie Highway, Miami, Florida, as more particularly
described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNES
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 1 of 2 Printed On: 8/26/2009
City of Miami
Legislation
Resolution
File Number: 09-00142ec
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF AN EASEMENT LOCATED BETWEEN DOUGLAS ROAD
AND SOUTHWEST 38TH AVENUE AND BETWEEN PEACOCK AVENUE AND
SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on July 13, 2009, following an advertised
public hearing, adopted Resolution No. ZB-R-09-0040 by a vote of five to two (5-2), Item no. Z.3,
recommending denial of closing, vacating, abandoning, and discontinuing that portion of an easement
as set forth; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the
subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic
circulation or access for public service; and
WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined
that all technical requirements have been met; and
WHEREAS, notwithstanding the Zoning Board's recommendation of denial, 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 an easement as hereinafter described, 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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A portion of an easement located between Douglas Road and Southwest 38th Avenue
and between Peacock Avenue and South Dixie Highway, Miami, Florida, as more particularly
described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNES
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 1 of 2 Printed On: 8/26/2009
File Number: 09-00142ec
Footnotes;
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miand Page 2 of 2 Printed On: 8/26/2009