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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 06-00372 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT;
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF A STREET LOCATED AT SOUTHWEST 11TH STREET
BETWEEN SOUTHWEST 3RD AVENUE AND 1-95 EXPRESSWAY, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A."
WHEREAS, the Plat and Street Committee, at its meeting of July 7, 2005, reviewed and approved
the tentative plat of "Incanto on 3rd Avenue Subdivision" and found that all technical requirements of
Chapter 55 of the Code of the City of Miami, Florida, have been met; and
WHEREAS, the Plat and Street Committee, after considering the criteria found in Section 55-13(c),
recommended by a vote of four to two (4-2) that the portion of Southwest 11th Street between
Southwest 3rd Avenue and Interstate 1-95 be closed, vacated and abandoned; and
WHEREAS, the Miami Zoning Board at its meeting on February 27, 2006, Item No. 3, duly
adopted Resolution No. ZB 2006-1135 by a vote of four to three (4-3), RECOMMENDING DENIAL of
closing, vacating, abandoning, and discontinuing a portion of a public right-of-way as hereinafter set
forth (the motion to approve failed by virtue of the fact that the City Code requires five [5] favorable
votes for the approval of any item before the Zoning Board); and
WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding
the recommendation of the Miami Zoning Board. finds that it is in the best interest of the general
welfare of the City of Miami and its inhabitants to reverse the recommendation of the Zoning Board and
grant the vacation and closure of a portion of the public right-of-way, as hereinafter set forth;
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. After reviewing the record below and having heard argument of the parties, and being
otherwise duly advised in the premise, it is found that:
(a) The vacation and closure is in the public interest; and
(b) Neither the general public nor public service vehicles, such as trash, garbage, police,
fire and other emergency vehicles, use the street; and
(c) There is ample access into the area for police, fire, emergency vehicles, and trash
collection.
Section 3. Therefore, the street (alley) located at Southwest 11th Street between Southwest 3rd
City of Miami
Page 1 of 2
Printed On: 3/1012006
File Number: 06-00372
Avenue and 1-95 Expressway, Miami, Florida, more particularly described in Exhibit "A," is closed,
vacated, abandoned and discontinued for public use.
Section 4. 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 Page 2 of 2 Printed On: 3/10/2006