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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