HomeMy WebLinkAboutR-18-0264City of Miami
Resolution R-18-0264
Legislation
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
City of Miami Page 1 of 2 File ID: 4199 (Revision: A) Printed On: 4/1/2025
File ID: 4199 Enactment Number: R-18-0264
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, City Attor 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.
City of Miami Page 2 of 2 File ID: 4199 (Revision: A) Printed on: 4/1/2025