HomeMy WebLinkAboutLegislation 12.12.2013City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01337 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND
PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS
TO THE "L" SHAPED ALLEY LOCATED EAST OF BISCAYNE BOULEVARD
BETWEEN NORTHEAST 39TH STREET AND THE BAY POINT SUBDIVISION,
MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY
SET FORTH HEREIN.
WHEREAS, the owners of the properties at 405/443/447/455 Northeast 39th Street, Miami,
Florida, desire to construct a new development on an "L" shaped alley that is located within the
boundaries of the subject properties that primarily serves only an adjacent property; and
WHEREAS, the owners desire to secure the entire perimeter of the new development site by
the installation of a fence and gates including across the alley at its intersection with Biscayne
Boulevard and Northeast 39th Street, Miami, Florida; and
WHEREAS, in accordance with Section 54-15(h) of the Code of the City of Miami, the owners
of the properties at 405/443/447/455 Northeast 39th Street and 3933 Biscayne Boulevard, Miami,
Florida, have submitted a petition requesting that vehicular and pedestrian access be restricted to the
"L" shaped 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 fully set forth in this Section.
Section 2. The restriction of vehicular and pedestrian access to the "L" shaped alley located
east of Biscayne Boulevard between Northeast 39th Street and the Bay Point Subdivision, Miami,
Florida, is authorized and permitted, subject to the following conditions:
a) The Department of Public Works shall approve the design of the fence and gates to prohibit
vehicular and pedestrian access;
b) The fence, gate and restricted portion of the public alley shall be maintained by the owner of
the properties at 405/443/447/455 Northeast 39th Street, Miami, Florida, with the express
understanding that no private use may be made of the alley unless and until the alley is vacated;
c) Prior to the issuance of permits, the property owners shall enter into a Covenant Running with
City of Miami Page 1 of 2 File Id: 13-01337 (Version: 1) Printed On: 11/27/2013
File Number: 13-01337
the Land with the City of Miami ("City"), in a form acceptable to the City, that will require the removal of
the fence and gates at the request of the City; and
d) All expenses resulting from this request for prohibited access to the alley shall be borne by
the property owners at 405/443/447/455 Northeast 39th Street, Miami, Florida.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor. {1 }
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
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: 13-01337 (Version: 1) Printed On: 11/27/2013