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Home My WebLink AboutLegislation (v2)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00904ec Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE, AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA. WHEREAS, the Plat and Street Committee, at its meeting on November 6, 2014, reviewed the subject tentative plat entitled "Helm Design," and determined that all technical requirements have been met and by a vote of five to zero (5-0), recommended approval of the vacation and closure as set forth; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 30, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-050 by a vote of seven to zero (7-0), item PZAB 1, recommending APPROVAL of the vacation and closure as set forth; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way as hereinafter described, and deems it advisable to do so; 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. The utility easement approximately located between Northeast 2nd Avenue and Northeast 4th Avenue, and between Northeast 42nd Street and Northeast 43rd Street, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Section 3. Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period. Section 4. The approved final plat must be recorded within the four (4) year approval period of the City of Miami Page 1 of 2 File Id: 15-00904ec (Version: 2) Printed On: 9/4/2015 File Number: 15-00904ec requested vacation and closure. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: VICIIfORIA MENDEZ CITY ATTORNEY off' Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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:15-00904ec (Version: 2) Printed On: 9/4/2015 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-050 File ID 15-00904ec July 30, 2015 Item PZAB.1 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED. Upon being seconded by Mr. David Young, the motion passed and was adopted by a vote of 7 0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins. Absent Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr, Charles A. Gibson .Absent Ms, Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Mr. Daniel. Milian Absent Mr. Juvenal Pine Absent Ms, Melody L. Torrens Yes Mr. Manuel J. 'Vadillo Yes Mr. David H. Young Yes Fraciscc"Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) r Execut45c2O) ate Personally appeared before me, the undersigned authority,. Olga Zamora, Clerk of the Planning, zoning and Appeals Board of the City of Miami, Florida,. and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS � 1 DAY OF a-2,i'4 i 9—, 2015, Print Notary Name Personally know K. or Produced I.D. Type and number of I,D, produced Did take an oath or Did not take an oath d. Notary Public State of Florida My CommissIon Expires: Y VANE88ATRUJILLO 2944 it MEXPIRES: July 11, 2010 bonded Thru Netory Pubilo Underwltton Exhibit "A" 1 i. 4 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•PAX: (954) 572-1778 E—MAIL: surveyeapulIoolancleurveyors.00rn CERTIFICATE OE AUTHONIZATION 00870 LEGAL DESCRIPTION: ALL OF THE 10,00 FOOT WIDE UTILITY EASEMENT, BEING -A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", A.CCORDING TO THE PLAT THEREOF AS RECORDED. IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRA.CT 'A' AND BLOCKS 1, 2,. 3, 8, '9„. 10, 11, AND 12, OF BRENTWOOD", ACCORDING 'TO —THE -PLAT -THEREOF- AS -RECORDED —IN -PLAT -BOOK' 44,- -PAGE-6;...OF-SAID.....PUBLIC.- - RECORDS OF MIAMI—DADE COUNTY, FLORIDA,. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT .5; THENCE SOUTH 13°56'59" WEST ALONG THE EAST LINE OF SAID LOT 5., ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5,00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RICHT—OF—WAY LINE 10,00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5,00 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359,74 FEET TO A P01.NT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, AND CONTAINING 3,585 SQUARE FEET MORE OR LESS, FILE. HELM EQUITIES SCALE: N/A DRAWN: LS, ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: HELM D SI N SHEET 1 F 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 JOHN F. P IC ROFESSI6NAL SURVEYOR AND MAPPER LS2691 ID BETH B NS, PROFESSIONAL. SURVEYOR AND MAPPER LS6136 MTIE c SKETCH AND GAL DESCRIPTION SY PULICE LAND SURVEYORS, INC. 5381 NOB HILL riono SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-17770EAX; (954) 572-1778 —MAIL: rvyspulloId rvyor8.om OERTIFIOATE Or AUTHORIZATION 1130870 NE 43rd STREET TRACT 2. "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, PLA9, TB10,OOK 411 84 12PAOGEF BRENTWOOD" 4, 6 891600"E.36974" NE 42nd STREET EAST LI TRACI 2 POINT OF BEGINNING NE CORNER LOT 6 A.4b <Z\'3‘.. • NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF NE 4th AVENUE, BEING ASSUMED Si 3°56'59"W. 2) THIS IS NOT A SKETCH :OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY, 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE: HELM EQUITIES SCALE: 1"=60" DRAWN: ORDER NO.: 91 pp DATE: 5/27/15 10' UTILITY EASEMENTVACATION MIAMI, MIAMI-DADE 9C?.111TX„ ripRtpk, FOR: HELM DESIGN THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2