HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: I 1 - Q005 0
Date: 12/18/2013
Commission Meeting Date: 2/.13 /2014
Type: X Resolution ❑ Ordinance [
Other
Requesting Department: Public Works
District Impacted: 2
Emergency Ordinance
Discussion Item
Law Department
Matter ID No.
Subject: A Resolution declaring an easement within private property located at 7700 Biscayne
Boulevard is abandoned and deems the easement as closed and vacated.
Purpose of Item:
A Resolution declaring an easement within the private property located at 7700 Biscayne Boulevard is
abandoned and deems the easement as closed and vacated.
Background Information:
See attached supplement for background information and location map.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP N Bud
If using or receiving ca.ital funds
Grants N I\ Risk Management
Purchasing 0 A Dept. Director
Chief Lam., City Manager
Page 1 of 2
Background Information:
The subdivision entitled "Amended Plat of Federal Way", Plat Book 25 at Page 6 recorded March, 1926
created a "public service easement' upon the private property located at 7700 Biscayne Boulevard, folio
no. 01-3207-040-0230. The Public Works Department has researched the status of this easement and has
determined the following:
There are no available records in the Public Works Department showing any use of the easement for
the intended or public purpose in the eighty seven years since it was created. Further, an existing
building and swimming pool are located upon the easement that physically precludes any public use
or access.
The Public Works Department has no records of permits being issued for the installation of public
utilities within the easement.
The warranty deed for the property at 7700 Biscayne Boulevard includes the easement area.
In 1957, the City of Miami issued a building permit for the construction of a private motel and
swimming pool physically upon and across the subject easement. The motel and easement currently
occupy the property as originally permitted.
The City has accepted Ad Valorem Taxes on the property at 7700 Biscayne Boulevard including the
easement area referenced by note on the 1926 plat of the subdivision.
Based on these facts and in consultation with the City Attorney's Office, the subject easement has been
abandoned or extinguished by operation of law.
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