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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4199 Date: 05/23/2018 Commission Meeting Date: 06/28/2018 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Deem Private Alley - SW 27 Ln (Tequesta Ln) and SW 28 St (Overbrook St) Purpose of Item: A Resolution deeming a private alley located between SW 27 Ln (Tequesta Ln) and SW 28 St (Overbrook St), from SW 23 Av (Kirk St) to SW 24 Av (Calusa St) as abandoned and declaring the private alley as closed and vacated; and reserving the area of private alley being closed and vacated as utility easement. Background of Item: Plat of Silver Bluff Estates Section C, as recorded in Plat Book 10, Page 65, dedicated the alley to the perpetual use and enjoyment of the owner or owners of the respective lots adjacent thereto, subject to the use of said alley by City of Municipality, or public service Corporation for utility installations. The Public Works Department has conducted evaluations in regards to the status of the private alley with followings determinations. The Members of Plat and Street Committee, at its meeting of 3/1/2018, have considered the deeming of the private alley as abandoned with respect to the provisions of the City of Miami Code Section 55-16 and have voted 5 (five) in favor and 0 (zero) in denial for the private alley to be deemed as abandoned. Utility easement is reserved for the installation, maintenance and operation of any utility located in or to be located in the private alley, including the right of the utility companies to install, maintain, operate, repair, and replace any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility. Private alley is not paved in its entirety and is not utilized for vehicular and pedestrian access to properties abutting the alley. Access to the entire private alley is presently encumbered by encroachments such as fences, planted landscaped barriers, or physical obstructions that prevent vehicular and pedestrian access. Affidavits were provided by property owners indicating that the general public has not used the private alley for a public purpose for an associated or incidental purpose in the last 30 years. There is no Building permits issued for allowing construction on or within the private alley. Private alley is currently not a part of the adjacent property. City has not collected ad valorem taxes on the lots inclusive of the portion of the lots where the private alley is located. Public Works Department received a written intention to abandon the private alley from the property owner adjacent to the alley, located at 2380 Tequesta Lane, Miami, Florida 33130. Based on the above facts, the subject private alley has been abandoned or discontinued by operation of law. Budget Impact Analysis Item is NOT funded by Bonds Item is NOT Related to Revenue Item has NOT an Expenditure Total Fiscal Impact: N/A Reviewed B Department of Resilience and Public Works Review Completed 06/11/2018 9:38 AM Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Donovan Dawson Christopher M Rose Nzeribe Ihekwaba Nikolas Pascual Valentin J Alvarez Valentin J Alvarez Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed ACA Review Skipped Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 06/12/2018 12:05 PM 06/13/2018 6:29 AM 06/13/2018 8:34 AM 06/15/2018 3:17 PM 06/18/2018 12:47 PM 06/18/2018 12:47 PM 06/18/2018 12:57 PM 06/19/2018 10:39 AM 06/28/2018 9:00 AM 07/09/2018 4:44 PM 07/09/2018 5:17 PM 07/09/2018 5:18 PM City of Miami Legislation Resolution Enactment Number: R-18-0264 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4199 Final Action Date:6/28/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 55-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), CLOSING, VACATING, AND ABANDONING A PRIVATE ALLEY LOCATED BETWEEN SOUTHWEST 27 LANE AND SOUTHWEST 28 STREET AND FROM SOUTHWEST 23 AVENUE TO SOUTHWEST 24 AVENUE, DEDICATED BY THE PLAT OF SILVER BLUFF ESTATES, SECTION C, AS RECORDED IN MIAMI-DADE COUNTY PLAT BOOK 10, PAGE 65, FOR THE PERPETUAL USE AND ENJOYMENT OF THE OWNER(S) OF THE RESPECTIVE LOTS ADJACENT THERETO, SUBJECT TO THE USE OF SAID ALLEY BY THE CITY OF MIAMI ("CITY") OR A PUBLIC SERVICE CORPORATION FOR UTILITY INSTALLATIONS, OPERATION, MAINTENANCE, AND REPAIR; RESERVING ALL RIGHTS AS A UTILITY EASEMENT. WHEREAS, a private alley located between Southwest 27 Lane and Southwest 28 Street and from Southwest 23 Avenue to Southwest 24 Avenue ("Alley") was dedicated by the Plat of Silver Bluff Estates, Section C, as recorded in Miami -Dade County Plat Book 10, Page 65, for the perpetual use and enjoyment of the owner(s) of the respective lots adjacent thereto, subject to the use of said Alley by the City of Miami ("City") or a public service corporation for utility installations, operation, maintenance, and repair; and WHEREAS, a utility easement is reserved for the installation, operation, maintenance, and repair of any utility located in or to be located in the Alley, including the right of a public service corporation to install, operate, maintain, and repair any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment of any utility; and WHEREAS, pursuant to Section 55-16 of the Code of the City of Miami, Florida, as amended ("City Code"), the Alley may be deemed abandoned as a matter of law following a recommendation by the Plat and Street Committee ("PSC") and subject to City Commission approval; and WHEREAS, in determining if the Alley is abandoned, the following shall be considered: no building permits allowing construction on or within the Alley have been issued; affidavits have been provided by property owners indicating that the general public has not used the Alley for a public purpose for an associated or incidental purpose in the last thirty (30) years; the Alley is not paved in its entirety and is not utilized for vehicular and pedestrian access to properties abutting the Alley; access to the entire Alley is presently encumbered by encroachments such as fences, planted landscaped barriers, or physical obstructions that prevent vehicular and pedestrian access; the City's Department of Public Works ("Department") has received a written intention to abandon the Alley from the adjacent property owner located at 2380 Tequesta Lane, Miami, Florida; currently the Alley is not part of the adjacent property; and the City has not collected ad valorem taxes on the lots inclusive of the portion of the lots where the Alley is located; and WHEREAS, the PSC at its meeting of March 1, 2018, considered the determination of the Alley as abandoned, with respect to the provisions of the City Code and voted five to zero (5-0) in favor of deeming the Alley abandoned; 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. Pursuant to Section 55-16 of the City Code, the Alley dedicated by the Plat of Silver Bluff Estates, Section C, as recorded in Miami -Dade County Plat Book 10, Page 65 for the perpetual use and enjoyment of the owner(s) of the respective lots adjacent thereto, subject to the use of said Alley by the City or a public service corporation for utility installations, operation, maintenance, and repair is hereby deemed abandoned and declared closed and vacated. Section 3. The area of the closed and vacated Alley is hereby reserved as a utility easement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 6/19/2018 1 If 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 Commissions.