HomeMy WebLinkAboutR-11-0042City of Miami
Legislation
Resolution: R-11-0042
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00038 Final Action Date: 2/10/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CLOSING, VACATING AND ABANDONING FOR USE AN ALLEY LOCATED ON THE
NORTH SIDE OF NORTHEAST 61ST STREET APPROXIMATELY 170 FEET EAST
OF AND PARALLEL TO THE CENTERLINE OF BISCAYNE BOULEVARD, MIAMI,
FLORIDA.
WHEREAS, a parcel of land identified as an alley ("the alley") located on the north side of
Northeast 61 st Street approximately 170 feet east of and parallel to Biscayne Boulevard, Miami,
Florida, is shown on the plat entitled "White's Lemon City" filed for the record in Plat Book B at page
32 on May 16, 1893; and
WHEREAS, the City of Miami ("City") official Municipal Atlas does not identify the alley as right of
way; and
WHEREAS, there are no City plans, diagrams, drawings, records or similar documents on file in
the City's Public Works Department that indicate there was ever any maintenance or construction of
the alley by the City at any period in time; and
WHEREAS, there are no Public Works Department records or other documents indicating any
requirement or actual usage of the alley as public right of way at any time; and
WHEREAS, the Zoning Atlases of the City's Ordinance No. 11000, the former City Zoning
Ordinance and the current City Zoning Code, Miami 21, do not indicate the existence of the alley; and
WHEREAS, the warranty deeds for the lots adjacent to the alley, each include evenly divided
portions of the alley in their legal descriptions; and
WHEREAS, the City has accepted ad valorem taxes for the alley from the private property owners
on both sides of the alley; and
WHEREAS, the City acknowledged it does not own or otherwise have jurisdiction for the alley by
the request and acceptance of a quitclaim deed dated November 16, 1959, from the private property
owner on the west side of the alley for a four (4) foot wide portion of the alley along Northeast 61 st
Street, Miami, Florida, for sidewalk purposes;
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. An alley located on the north side of Northeast 61 st Street approximately 170 feet east
City of Miami
Page 1 of 2 File Id: 11-00038 (Version: 1) Printed On: 9/27/2017
File Number: 11-00038 Enactment Number: R-11-0042
of and parallel to the centerline of Biscayne Boulevard, Miami, Florida, is closed, vacated and
abandoned for use.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
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 File Id: 11-00038 (Version: 1) Printed On: 9/27/2017