HomeMy WebLinkAboutR-18-0172City of Miami
Resolution R-18-0172
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3863 Final Action Date: 4/26/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN
EXISTING FENCE TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY
AREA OF SOUTHWEST 37 AVENUE AND BOUGAINVILLEA ROAD, MIAMI,
FLORIDA ADJACENT TO THE PROPERTY LOCATED AT 3699
BOUGAINVILLEA ROAD, MIAMI, FLORIDA SUBJECT TO (1) THE FENCE
BEING IN COMPLIANCE WITH THE FINDINGS AS SET FORTH HEREIN AND
(2) A COVENANT RUNNING WITH THE LAND BE EXECUTED AND
RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
BY THE PROPERTY OWNER WITH SAID COVENANT TO BE PREPARED BY
THE CITY OF MIAMI PURSUANT TO SECTION 54-191 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCLUDING A HOLD
HARMLESS, INDEMNIFICATION, AND INSURANCE FROM THE PROPERTY
OWNER IN FAVOR OF THE CITY WITH PAYMENT BY THE PROPERTY
OWNER OF THE REQUISITE FEES FOR THE PREPARATION AND
RECORDING OF THE COVENANT.
WHEREAS, the property owner at 3699 Bougainvillea Road, Miami, Florida ("Property")
has made a formal request to the Director of the Public Works Department ("Public Works") to
allow an existing fence to remain within the dedicated right-of-way area of Southwest 37 Avenue
and Bougainvillea Road, Miami, Florida adjacent to said Property; and
WHEREAS, the property owner has furnished records from the Miami -Dade County Tax
Assessment Department showing that the fence was built in 1976; sworn affidavits from
neighbors who are familiar with the property attesting to the existence of the fence prior to
March 24, 1983; and neighborhood petitions confirming that the existing fence is an integral part
of the neighborhood tradition and is consistent with the overall character of the Coconut Grove
community; and
WHEREAS, additionally, the neighbors agree that the fence does not obstruct any
vehicular or pedestrian traffic or prevent utility access; and
WHEREAS, the Director of Public Works has researched City of Miami ("City") records
and found no documented complaints or reports of problems of impediment to travel by vehicles
or pedestrians attributed to the fence; and
WHEREAS, in accordance with Section 54-191(b) of the Code of City of Miami, Florida,
as amended ("City Code"), the City Commission, after a properly advertised public hearing, may
approve the existing fence to remain within the dedicated right-of-way area; and
WHEREAS, the City Commission has evaluated the aforesaid request to allow an
existing fence to remain within the dedicated right-of-way area and finds no negative effects on
the health, welfare, or safety of the community;
City of Miami Page 1 of 2 File ID: 3863 (Revision:) Printed On: 3/31/2025
File ID: 3863 Enactment Number: R-18-0172
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 City Commission approves an existing fence to remain within the
dedicated right-of-way area of Southwest 37Avenue and Bougainvillea Road, Miami, Florida
adjacent to the Property subject to (1) the fence being in compliance with the findings as set
forth herein and (2) a covenant to run with the land executed and recorded in the public records
of Miami -Dade County, Florida by the property owner with said covenant to be prepared by the
City to conform with the requirements of Section 54-191 of the City Code, including, without
limitation, a hold harmless, indemnification, and insurance from the owner in favor of the City
and the provision of an insurance policy in favor of the City with the payment by the owner of the
requisite fees for the preparation and recording of said covenant.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey ) 5/3/2018
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: 3863 (Revision:) Printed on: 3/31/2025