HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00050 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CLOSING, VACATING AND ABANDONING FOR USE A PUBLIC SERVICE
EASEMENT LOCATED BETWEEN NORTHEAST 77TH STREET AND THE LITTLE
RIVER APPROXIMATELY 155 FEET WEST OF AND PARALLEL TO THE
CENTERLINE OF BISCAYNE BOULEVARD WITHIN THE PRIVATE PROPERTY AT
7700 BISCAYNE BOULEVARD, MIAMI, FLORIDA.
WHEREAS, a public service easement ("easement") located between Northeast 77th Street
and the Little River approximately 155 feet west of and parallel to Biscayne Boulevard, Miami, Florida,
is shown on the plat entitled "Amended Plat of Federal Way" filed for the record in Plat Book 25 at
page 6 in March, 1926; and
WHEREAS, the warranty deed for the property at 7700 Biscayne Boulevard, Miami, Florida,
Folio No. 01-3207-040-0230, includes the easement area; and
WHEREAS, the easement is located entirely within the private property at 7700 Biscayne
Boulevard, Miami, Florida, as depicted on "Exhibit A", attached and incorporated; and
WHEREAS, there are no available records in the Department of Public Works ("Department")
showing any use of the easement for the intended or public purpose in the eighty seven years since it
was created; and
WHEREAS, the Department has no records of permits being issued for the installation of public
utilities within the easement; and
WHEREAS, there is no evidence or record of the easement being used for a public purpose
during the eighty seven years since it was created; and
WHEREAS, an existing building and swimming pool are located upon the easement that
physically precludes any public use; and
WHEREAS, the City by acts, conduct, treatment, and appearance has appeared to abandon
the easement over the last eighty seven years; and
WHEREAS, in 1957, the City of Miami ("City") issued a building permit for construction of a
private motel and swimming pool upon and across the subject easement; and
WHEREAS, the easement has been abandoned as a matter of law based on non -usage,
City of'Miami Page 1 of 2 File Id: 14-00050 (Version: 1) Printed On: 1/30/2014
File Number. 14-00050
inconsistent acts, periods of limitations, and laches applicable to any such easement; and
WHEREAS, the City has accepted Ad Valorem Taxes for the property, including the easement
area, from the private property owner at 7700 Biscayne Boulevard, Miami, Florida;
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 fully set forth in this Section.
Section 2. The public service easement located between Northeast 77th Street and the Little
River approximately 155 feet west of and parallel to the centerline of Biscayne Boulevard within the
private property at 7700 Biscayne Boulevard, Miami, Florida, as depicted on "Exhibit A", attached and
incorporated, is closed, vacated and abandoned for use.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
r
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: 14-00050 (Version: 1) Printed On: 1/30/2014