2003-25214 Reso
RESOLUTION NO. 2003-25214
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING
A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC
COMMENT ON SAME, APPROVING AND AUTHORIZING
THE VACATION OF A PORTION OF THE EAST-WEST
ALLEY IN BLOCK 12, OF BISCAYNE POINT ISLAND,
MIAMI BEACH, FLORIDA, IN FAVOR OF FRANK AND
FRANCISCO AVILA, OWNERS OF THE ADJACENT
PROPERTY LOCATED AT 8000 CECIL STREET; WAIVING
BY SI7THS VOTE, THE COMPETITIVE BIDDING AND
APPRAISAL REQUIREMENTS PURSUANT TO ORDINANCE
NO. 92-2783, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY; FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS TO EFFECTUATE THE TRANSACTION,
INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL
REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE.
WHEREAS, Frank and Francisco Avila (Owners/Applicants), own the property
located at 8000 Cecil Street, Miami Beach, legally described as Lot 6 and Lot 7, Block 12, of
Biscayne Point Subdivision, as recorded in Plat Book 14, Page 35 of the Public Records of
Miami-Dade County, Florida (the Property); and
WHEREAS, there is a public east-west platted alley in Block 12 to the north of Lots
6 and 7 (the Alley); and
WHEREAS, the Owners/Applicants are requesting the vacation of the portion of the
Alley adjacent to the Property, as shown in the attached Exhibit "A"; and
WHEREAS, Owner/Applicant has complied with the application requirements for
vacation of City rights-of-ways, and, pursuant to Ordinance No. 92-2783, governing the sale
and/or lease of public property, the Mayor and City Commission held a duly noticed public
hearing to hear public comment on this request for vacation, on May 21,2003; and
WHEREAS, a Planning Department study has also been prepared with respect to the
subject vacation, as required by Ordinance No. 92-2783; further, the Administration would
recommend that the Mayor and City Clerk waive by 517ths vote, the appraisal and
competitive bidding requirements, as permitted by Ordinance No, 92-2783.
Page 1 of2
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a duly
noticed public hearing to hear public comment on same, approve and authorize the vacation
of a portion of the east-west alley in Block 12, of Biscayne Point Island, Miami Beach,
Florida, in favor of Frank and Francisco Avila, owners of the adjacent property located at
8000 Cecil Street, while maintaining a five (5') feet wide utility easement adjacent to the
vacated alley centerline; waiving by 5/7ths vote, the competitive bidding and appraisal
requirements pursuant to Ordinance No. 92-2783, finding such waiver to be in the best
interest of the City; further authorizing the Mayor and City Clerk to execute any and all
documents to effectuate the transaction, including a quitclaim deed, subject to final review of
same by the City Attorney's office.
PASSED and ADOPTED this
21st day of
,2003
ATTEST:
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CITY CLERK
F:IWORKI$ALLI VGKICOMMEMOIMA Y21 03lBiscPtVacResos.doc
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II EXHIBIT
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution approving and authorizing the vacation of portions of the east-west alley in Block 12 of
Biscayne Point Island, to the adjacent property owners at: 1315,1355 Cleveland Road, 8000, 8040 Cecil
Street and 1320 N. Biscavne Point Rd.
Issue:
Shall the remaining portions of the east-west alley in Block 12 of Biscayne Point Island be
vacated/abandoned to the adjacent property owners?
Item Summary/Recommendation:
Biscayne Point Island has an east-west platted alley in Block 12, portions of which the City had vacated to
the adjacent property owners in 1983 and 1991, while maintaining a 10 foot wide utility easement in the
center. Owners of the properties adjacent to the remaining portions of this alley have recently submitted an
application requesting the City to vacate/quit-claim that portion of alley adjacent to their property. The
owners of these properties have complied with the application requirements, but have submitted a
combined $5,000 application fee and are requesting the Commission to waive by 5/7ths vote, pursuant to
Ordinance No.92-2783, the competitive bidding and appraisal requirements. A Resolution scheduling a
public hearing was adopted on April 30, 2003 and property owners within a radius of 375 feet from Block 12
were notified.
The Administration recommends approval of the Resolution while maintaining a 10 foot easement in the
center of the vacated alley and the requirement for owners to comply with all planning and zoning rules and
regulations for any improvements/construction within this vacated alley.
Adviso Board Recommendation:
The Land Use and Development Committee considered the issue of a fee waiver for this easement and
determined not to waive the application fee. The Committee did support the administration suggestion that
in this situation a rou a lication and fee was a ro riate.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Gary KOkorian, Public Works
Si n-Offs:
Department Director
AGENDA ITEM
DATE
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5-dl-o 3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.ft.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date May 21, 2003
J~rgeM.Gonzalez ~ /.~-.1::r...:";
City Manager ~ '- '---"'" /; .
FIVE (5) RESOLUTIONS OF THE MAYO~ D CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME,
APPROVING AND AUTHORIZING THE VACATION OF A PORTION OF
THE EAST-WEST ALLEY IN BLOCK 12, LOCATED ON BISCAYNE POINT
ISLAND, MIAMI BEACH, FLORIDA, BETWEEN N. BISCAYNE POINT
ROAD AND CECIL STREET, TO EACH OF THE FOLLOWING ADJACENT
PROPERTY OWNERS AS INDIVIDUALLY LISTED IN THE ATTACHED
RESOLUTIONS: 1315 CLEVELAND ROAD, 1355 CLEVELAND ROAD,
8000 CECIL STREET, 8040 CECIL STREET AND 1320 N. BISCAYNE
POINT ROAD; WAIVING BY 5/7THS VOTE, THE COMPETITIVE BIDDING
AND APPRAISAL REQUIREMENTS, PURSUANT TO ORDINANCE NO. 92-
2783, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE THE
TRANSACTION, INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL
REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Biscayne Point Island has an east-west platted alley in Block 12 as shown in the attached
Exhibit "A". In 1983 the City adopted Resolution 83-17368 vacating portion of this 20 feet
alley to the adjacent property owner of Lots 14 and 15, while maintaining a 10' utility
easement in the center of the alley, In 1991, the City vacated the 10' portion of this alley
adjacent to Lots 1, 30 ft of Lot 2 and 10 to 13.
In 2002, the following property owners/applicants requested vacation of the remaining
portions of the alley to the centerline, adjacent to their properties:
1. Frank Avila, 8000 Cecil Street
2. Ethel Stratton 8040 Cecil Street
3. Ana C. Fuentes 1315 Cleveland Road
4. Mr. and Mrs. Daniel B. Haber 1355 Cleveland Road
5. Lilian Janini 1320 North Biscayne Point Road
At the time of the initial request, the property owners requested a waiver of the application
fee. The request was considered by the Land Use and Development Committee on July 3,
2002, and the report submitted to the Commission on July 31,2002. Following a discussion
of the report, the Commission determined that the application fee should stay in place with
the ability of individual applicants to make their case before the entire Commission for a fee
waiver.
In April 2003, the owners of the five properties mentioned above filed an application with
the City requesting the vacation/abandonment of the 10 foot portion to the centerline of the
alley adjacent to their properties, The City, pursuant to City Code, Chapter 82, Article II,
Section 82-37, prior to the vacation of this alley, on the April 30, 2003 commission meeting
scheduled a public hearing to be held on May 21, 2003 to consider this request.
ANALYSIS
The owners of the properties listed above have complied with the application requirements
by submitting a combined $5,000 application fee and provided a list of property owners
within a radius of 375 feet from Block 12 who were notified of this scheduled public
hearing, in addition to notices in the media.
The City Administration following reviews by Public Works Department and an analysis by
the Planning Department (see attached copy), is recommending the vacation of this 20 feet
alley, on condition of maintaining a 5 feet utility easement on either side ofthe centerline of
the alley for a total of 10 feet.
A question was raised whether a tot-lot could be installed in the typical vacated 10ft, by 60
ft. area; according to standards published by the National Recreation and Parks
Association's National Playground Safety Institute, a 10' x 60' can not be safely used for a
tot-lot. However, the total combined width of the vacated alley and the existing setback
portion of the property may be sufficient for a tot-lot, provided that the City's zoning
requirements are met.
Because, by the definitions of Ordinance No. 92-2783, the vacation of this alley is
considered a conveyance transaction of city property, the Ordinance requires that an
advertised public bidding process and an independent appraisal of the fair market value be
done prior to abandoning such property. However a 517ths vote of the City Commission
can waive these requirements of the Ordinance. The applicants/property owners are
requesting the City Commission to waive the competitive bidding and appraisal
requirements for this vacation. The Administration considers this vacation of portions of
this alley to be in the best interest of the City and recommends the waiver of the appraisal
and public bidding.
CONCLUSION
The Administration recommends the City Commission approve and authorize five (5)
resolutions, following a duly noticed public hearing to hear public comments on same, the
vacation of a portion of the east-west alley in Block 12 of Biscayne Point Island, between
N. Biscayne Point Road and Cecil Street, to each of the following adjacent property owners
as individually listed in the attached resolutions: 1315 Cleveland Road, 1355 Cleveland
Road, 8000 Cecil Street, 8040 Cecil Street and 1320 N. Biscayne Point Road. Additionally
waiving by a 517ths vote, the competitive bidding and appraisal requirements, pursuant to
Ordinance No, 92-2783; and authorizing the Mayor and City Clerk to execute any and all
documents to effectuate the transaction, including a Quitclaim Deed, subject to final review
of same by the City Attorney's Office.
Attachment
JMG/RCM/FHB/RH/A VNGK
T:\AGENDA 12003\may21 031regularlBiscayne Point VacatingofAUey.doc
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CITY OF MIAMI BEACH
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From:
Cristina M.~G.l;I_~IYO.. 1.-,: .:....r;lhEiH
Assistant City Manager
Jorge G, Gomez, AICP ..bt1t-
Planning Director ~
Date: May 14, 2003
To:
Subject: PLANNING ANALYSIS PURSUANT TO SHAPIRO ORDINACE
In accordance with Section 82-38 of the City of Miami Beach code, the Planning Department shall
prepare an analysis for the City Commission and the public that outlines all conditions relating to the
proposed sale and/or lease of city property. The following analysis applies to the vacation of an alley
abutting the rear following properties:
1. 8000 Cecil Street
2. 8040 Cecil Street
3. 1315 Cleveland Road
4. 1355 Cleveland Road
5. 1320 North Biscayne Point Road
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
The proposed alley vacation conforms to the city's goals and objectives and the Comprehensive
Plan. The Comprehensive Plan identifies that Right-of-Way protection as an objective of the
Traffic Circulation Element; however, the subject alley is a non-essential element of the
transportation system of the City of Miami Beach, Prior resolutions have been granted by the
City Commission authorizing the vacation or portions of the alley to adjacent property owners.
This vacation request completes the transfer of the alley to the remaining adjacent property
owners,
2. The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based on
the proposed use of the property, the city shall determine the potential impact of the
project on city utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The proposed vacation is not expected to have any detrimental impact on the adjacent
properties. The subject alley is not an active vehicular right-of-way and as such, will not increase
the traffic or noise level. The alley is not part of the city's Open Space system and as such, will
not compromise the goals of the Recreation and Open Space Element of the Comprehensive
plan, The proposed vacation includes a provision to provide a 5' - 0" utility easement in order to
accommodate city utilities and other infrastructure needs,
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base, reducing city
costs, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
By vacating the alley, the city dissolves all liabilities associated with maintaining the alley,
thereby reducing overall costs, Additionally, by converting the subject alley to taxable property,
the city can generate a revenue stream from the subject alley.
4. Determination as to whether or not the development is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation
of the design and aesthetic considerations of the project.
In 1983, (Resolution 83-17368) and 1991 (Resolution 91-20250), the City Commission granted
the vacation of other portions of the alley to adjacent property owners. Since the alley has
previously been vacated, the vacation of additional portions of the alley is in keeping with the
surrounding neighborhood, The vacation is not expected to block views or create environmental
intrusions.
5. The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
The vacation shall not increase the parking requirement in the vicinity of the alley, The provision
to create a 5' - 0" utility easement is included to protect the city's current and/or future
infrastructure needs.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project could be
accomplished under a private ownership assembly.
No alternatives have been proposed.
7. Within the constraints of public objectives, the department should examine financial
issues such as job generation, providing housing opportunities, and the return to the city
for its disposition of property.
By vacating the alley, the city dissolves all liabilities associated with maintaining the alley,
thereby reducing overall costs. Additionally, by converting the subject alley to taxable property,
the city can generate a revenue stream from the subject property,
8. Such other issues as the planning, design and historic preservation division may deem
appropriate in analysis of the proposed disposition.
None,
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
IIOTICE IS HERBY given that public hearings will be held by the City
Commission of the CIty of Miami Beach, In the Commission Chambers, 3rd floor,
City Hall, 170() convention Center Drive, Miami Beach, Florida, on W8dllllSday,'
May 21, 2IIll3 1110:40 a.m. To Consider Public Comment, As Required By
Ordinance No. 92-2783, Regarding: .
1. The vacation Of Portions Of The East-West Alley In Block 12, Located On
Biscayne Point Island, Miami Beach, Rorlda, Between N. Blscayne Point Road
And Cecil Street, To Each Of The following Adjacent Properly Owners At
1315 Cleveland Road.
2, The vacation Of Portions Of The East-West Alley In Block 12, Located On
Biscayne Point Island, Miami Beach, Rorlda, Between N. Biscayne Point Road
And Cecil Street, To Each Of The Following Adjacent Property Owners At
1355 Cleveland Road. .
3, The vacation Of PortIonS Of The East-West Alley In Block 12, Located On
Biscayne Point Island, Miami Beach, Florida. Between N. Biscayne Point Road
And Cecil Street, To Each Of The Following Adjacent Property Owners At
BOOO Cecil Street.
4. The vacation Of Portions Of the East-West Alley In Block 12, located On
Biscayne Point Island, Mil!fTll Beach, Florida, Between N. BIscaynll Point
Road And Cecil Street, To Each Of The Following Adjacent Property Owners At
8040 Cecil Street.
5, The vacation Of PortionS Of The East-West Alley In Block 12, located On
Blscayne Point Island, Miami Beach, Florida, Between N. Biscayne PoInt Road
And Cecil Street, To Each Of The Following Adjacent Properly Owners At
1320 N. Blscayne Point Road.
INQUlllIES may be directed to the Public Works Division at (305) 673-7080.
ALL ItI1BlESTED PARTIES are invited to appear at this hearing, be
represented by an agent, or to express their views in writing addressed to the
CIty Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Aoor,
City Hall, Miami Beach, RorIda 33139. This meeting may be continued and
under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
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This Instrument Prepared By
Raul J. Aguila
First Assistant City Attomey
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
QUIT-CLAIM DEED
THIS QUIT CLAIM DEED, made this ~ I) r day of JtA-'1' 2003, by first party, CITY OF
MIAMI BEACH, a Florida municipal corporation, whose address IS 1700 Convention Center Drive,
Miami Beach, Florida 33139, to FRANK AVILA, a single man, and FRANCISCO A VILA, a
married man, as joint tenants with rights of survivorship (collectively, the second party), whose
address is 8000 Cecil Street, Miami Beach, Florida 33141.
WITNESSETH, that the first party, for good consideration and for the sum of TEN
DOLLARS AND NOI100 ($10.00) paid by the said second party, the receipt whereof is hereby
acknowledged, and pursuant to the authorization granted in, and subject to the conditions of, City of
Miami Beach Resolution Number 2003-25214, a copy of which is attached as Exhibit "A" hereto,
does hereby remise, release and quitclaim unto the said second party forever, all right, title interest
and claim which the said first party ha,s in and to the following described parcel of land and
improvements and appurtenances thereto in the County of Miami-Dade, State of Florida to wit:
The South 10.00 feet of a 20 foot alley bounded on the West by the Northerly
Extension of the West Line of Lot 7, Bock 12 and bounded on the East by the
Northerly Extension of the East Line of Lot 6, Block 12. All in Biscayne Point,
according to the Plat thereof, as recorded in Plat Book 14, Page 35 of the Public
Records of Miami-Dade County, Florida, as specifically delineated in the sketch in
Exhibit "B", attached and incorporated hereto.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim
whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit,
and behoof of said party of the second part.
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered in our presence.
Ma~-<..,(' f. ./l1 a-nt.u$
Witness
Print Name # I'1R/:f ~ ;L1'Y<~n>(,'~ 2
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Witness ,
Print Name NE1l.V:7:);1f (!..it LuA"-o/'
By:
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Titl ayor
1700 Converition"C'enter Drive
Miami Beach, Flol~ AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ATTEST:
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STATE OF FLORIDA
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COUNTY OF DADE
The fl regoing instrument was acknowledged before me this "POd day of
L ,2003, by David Dermer, as Mayor ofthe CITY OF MIAMI BEACH, a Florida
munic al corporation, and who being first duly sworn by me, deposes and says that he executed the
foregoing instrument for the purposes therein expresses. He is personally known to me Uor has
produced , as identification.
hf0~
KERRY HEFlNANDEZ
EXPIRES: May 3, 2007
Bonded Thru NoIaIy I'IIblic Underwrtel8
My Commission Expires:
Commission No.:
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