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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00568 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS
TO THE ALLEY LOCATED IN THE AREA BOUNDED BY NORTH MIAMI AVENUE,
NORTHWEST 34TH TERRACE, NORTHWEST 35TH STREET, APPROXIMATELY
275 FEET WEST OF NORTH MIAMI AVENUE, MIAMI FLORIDA, AS DESCRIBED
IN "EXHIBIT A", ATTACHED AND INCORPORATED, SUBJECT TO CERTAIN
CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN.
WHEREAS, the owner of the property bounded by North Miami Avenue, Northwest 34th Terrace,
Northwest 35th Street, approximately 275 feet west of North Miami Avenue, Miami, Florida, described
in "Exhibit A", attached and incorporated, desires to secure a surface parking lot; and
WHEREAS, a public alley is located within the boundaries of the subject property; and
WHEREAS, it is necessary to secure the entire perimeter of the parking lot by the installation of a
fence or gate including across the public alley;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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. The restriction of vehicular and pedestrian access to the alley located in the area
bounded by North Miami Avenue, Northwest 34th Terrace, Northwest 35th Street, approximately 275
feet west of North Miami Avenue, Miami, Florida, as described in "Exhibit A", attached and
incorporated, is authorized, provided that:
a) The Department of Public Works approves the design of the fence and/or gates to prohibit
vehicular and pedestrian access; and
b) The fence, gates and restricted portion of the public alley be maintained by the owner of the
property with the express understanding that no private use may be made of the alley unless and
until the alley is vacated; and
c) The property owner enters into a Covenant Running with the Land with the City of Miami ("City")
that will require the immediate removal of the fence or gates at the request of the City; and
d) All expenses resulting from this request to prohibit access to the alley shall be borne by the
property owner; and
e) It is not a permanent nature and will be removed by the property owner within thirty (30) days of
removal being requested by the Director of Public Works,
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page 1 of 2 File Id: 11-00568 (Version: 1) Printed On: 6/29/2011
File Number 11-00568
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
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 File Id: 11-00568 (Version: 1) Printed On: 6/29/2011