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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.f(.us
File Number: 05-01227
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT,
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF AN ALLEY LOCATED NORTH OF NORTHEAST 39TH
STREET AND EAST OF BISCAYNE BOULEVARD, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A."
WHEREAS, the Miami Zoning Board at its meeting on October 17, 2005, Rem No. 8, duly adopted
Resolution No. ZB 2005-1072 by a vote of six to two (6-2), RECOMMENDING APPROVAL of closing,
vacating, abandoning, and discontinuing a portion of a public right-of-way 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 further considered the criteria contained in the
Subdivision Regulations of the Cide Code concerning the vacation and closure of the alley North of
Northeast 39th Street and East of Biscayne Boulevard, and has voted 6-1 in favor of this vacation and
closure request; 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 a portion of the public right-of-way
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 alley located North of Northeast 39th Street and East of Biscayne
Boulevard, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued
for public use.
Section 3. It is found that:
(a) The vacation and closure is in the public interest; and olive,
(b) Neither the general public nor public service vehicles, such as trash, garbage, p
fire and other emergency vehicles use the alley; and
(c) There is ample access into the area for police, fire, emergency
vehicles, and trash collection.
Section 4. The applicant must comply with all conditions set forth in the approved final decision of
Class !1 05-0235 by the Planning Department
City of Miami Page 1 of 2 Printed On: 10/28/2005
File Number: 05-01227
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ ,
CITY ATTORNEY
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 Miami
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