90-19880 Reso
RESOLUTION NO.
90-19880
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION
OF A PORTION OF THE ROAD RIGHT-OF-WAY OF WEST
AVENUE LYING EAST OF THE OUT LOT AND LOT 1, AND
A PORTION OF LOT 2, BOTH IN BLOCK 1, AMENDED
PLAT FLEETWOOD SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE
23 AND ADJACENT TO LOT 27, AMENDED PLAT OF
AQUARIUM SITE RE SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE
83, PUBLIC RECORDS, DADE COUNTY, FLORIDA;
RELINQUISHING THE CITY'S RIGHTS IN A PORTION
OF THE PRESENT RIGHT-OF-WAY LYING IN LOT 27;
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUITCLAIM DEED IN FAVOR OF THE OWNER
OF LOT 27 FOR SAID PORTION OF LOT 27 UPON
REALIGNMENT OF WEST AVENUE.
WHEREAS, the Amended Plat of Fleetwood Subdivision was
recorded in Plat Book 28, Page 34 and the Amended Plat of Aquarium
Site Re Subdivision was approved and recorded in Plat Book 21, Page
83 both in the Public Records of Dade County, Florida.
WHEREAS, lying between said plats is a portion of the public
right-of-way known as West Avenue legally described as follows and
depicted on Exhibit A, attached hereto:
A parcel of land lying within the road right-
Of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION", according to the Plat thereof as
recorded in Plat Book 21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for
206.01 feet to a point on a circular curve
whose radius point bears East for 475.00 feet;
thence Southeasterly along said 475.00 foot
radius curve leading to the left through a
central angle of 15-55' -21" for an arc of
132.00 feet to a point of tangency; thence
South 15-55'-21" East for 29.67 feet to a point
of curvature; thence Southeasterly along a
65.00 foot radius curve leading to the left
through a central angle of 41-03'-15" for an
arc of 46.57 feet to a point of reverse
curvature: thence Easterly and Southerly along
a 36.38 foot radius curve leading to the right
through a central angle of 56-58'-35" for an
arc of 36.18 feet to a point on a ci rcular
curve whose radius point bears a bear ing of
North for 20.00 feet; the following two (2)
courses being along the exterior boundary of
said Lot 27: (1) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00'-00" for an arc of
31.42 feet to a point of tangency: (2) thence
on a bearing of West for 50.00 feet to the
POINT OF BEGINNING.
1
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the Miami Beach City Commission has provided notice
of these vacation proceedings to the public; and
WHEREAS, the Miami Beach City Commission has held a public
hear lng to determine whether vacation of the above-referenced
right-of-way would be in the best interest of the general public
welfare; and
WHEREAS, the vacation contemplated herein would legally
effectuate an existing realignment of the south end of West Avenue'
to divert traffic on 6th Street to Alton Road; and
WHEREAS, the Miami Beach City Commission has made the
following determinations:
1. The right-of-way known as West Avenue is part of the City
of Miami Beach road system and, as such, the City of Miami Beach
holds this property in trust for the benefit of the public.
2. The City of Miami Beach City Commission, is duly vested
with the authority to vacate the above-referenced right-of-way.
3. The vacation of that portion of West Avenue more
particularly described above is found to be in the best interest
of the general public welfare.
4. The vacation and discontinuance of that portion of West
Avenue more particularly described above is found not to be for the
benefit of a purely private interest; and
WHEREAS, after due consideration of all of the facts .and
circumstances, the City Commission of the City of Miami Beach finds
it to be in the best interest of the general public welfare to
vacate, and disclaim any and all of the public's right, title and
interest in the following described portion of West Avenue
hereinafter described and depicted in Exhibit "A" attached hereto:
A parcel of land lying within the road right-
of-way of West Avenue and lying East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION", according to the Plat thereof as
recorded in Plat Book 21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2; thence on a bearing of North for
2
206.01 feet to a point on a circular curve
whose radius point bears East for 475.00 feet:
thence Southeasterly along said 475.00 foot
radius curve leading to the left through a
central angle of 15-55'-21" for an arc of
132.00 feet to a point of tangency: thence
South 15-55'-21" East for 29.67 feet to a point
of curvature: thence Southeasterly along a
65.00 foot radius curve leading to the left
through a central angle of 41-03'-15" for an
arc of 46.57 feet to a point of reverse
curvature; thence Easterly and Southerly along
a 36.38 foot radius curve leading to the right
through a central angle of 56-58'-35" for an
arc of 36.18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20.00 feet; the following two (2)
courses being along the exterior boundary of
said Lot 27: (1) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00'-00" for an arc of
31.42 feet to a point of tangency; (2) thence
on a bear ing of West for 50.00 feet to the
POINT OF BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the City of Miami Beach has been in possession of the
following described property (also depicted on Exhibit B) for use
as a portion of the West Avenue right-of-way, although the same was
never dedicated of record:
A parcel of land being a portion of Lot 27,
"AMENDED PLAT OF AQUARIUM SITE RE-SUBDIVISION",
according to the plat thereof as recorded in
Plat Book 21, page 83 and adjacent to the out
lot as shown on the "AMENDED PLA'r FLEETWOOD
SUBDIVISION", according to the plat thereof as
recorded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast corner of said out
lot; the following two (2) courses being along
the Southerly line and its projection thereof
of said out lot, said Southerly line also being
the Northerly line of said lot 27; (1) thence
on a bearing of East for 39.15 feet to the
POINT OF BEGINNING of the hereinafter described
parcel of land: (2) thence continue on said
bearing of East for 10.85 feet to a point of
curvature: thence Southeasterly along a 20.00
foot radius curve leading to the right through
a central angle of 900-00'-00" for an arc of
31.42 feet to a point of tangency; thence on
a bearing of South along the Westerly road
right-of-way of West Avenue for 125.60 to a
point on a circular curve whose radius point
bears West for 222.10 feet: thence
Northwesterly along said 222.10 foot radius
curve leading to the left through a central
angle of 140-48'-00" for an arc of 57.37 feet
to a point of tangency; thence north 140-48'-
00" West for 91.92 feet to the POINT OF
BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
WHEREAS, the city of Miami Beach wishes to relinquish
possession and any right of use in the above-described property
3
which may have accrued over time or which will accrue to the City
of Miami Beach in the future and to execute a quitclaim deed for
said property upon realignment of West Avenue.
NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA as follows:
1. That the City of Miami Beach does hereby vacate, abandon
and disclaim all of the public's right, title and interest in and
to that portion of West Avenue more particularly described as
follows:
A parcel of land lying within the road right-
of-way of West Avenue and lying. East of the out
lot and Lot 1, and a portion of Lot 2, both of
Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION"
according to the Plat thereof as recorded in
Plat Book 28 at page 34 and adjacent to Lot 27
of "AMENDED PLAT OF AQUARIUM SITE RE
SUBDIVISION", according to the Plat thereof as
recorded in Plat Book 21, page 83 both of the
Public Records of Dade County, Florida, being
more fully described as follows:
Begin at the Southeast corner of the said out
lot, the following course being along the
Easterly lines of said out lot, and said Lots
1 and 2: thence on a bearing of North for
206.01 feet to a point on a circular curve
whose radius point bears East for 475.00 feet:
thence Southeasterly along said 475.00 foot
radius curve leading to the left through a
central angle of 15-55'-21" for an arc of
132.00 feet to a point of tangency: thence
South 15-55' -21" East for 29.67 feet to a point
of curvature: thence Southeasterly along a
65.00 foot radius curve leading to the left
through a central angle of 41-03'-15" for an
arc of 46.57 feet to a point of reverse
curvature: thence Easterly and Southerly along
a 36.38 foot radius curve leading to the right
through a central angle of 56-58'-35" for an
arc of 36.18 feet to a point on a circular
curve whose radius point bears a bearing of
North for 20.00 feet: the following two (2)
courses being along the exterior boundary of
said Lot 27: (1) thence Northerly and Westerly
along said curve leading to the left through
a central angle of 90-00 '-00" for an arc of
31.42 feet to a point of tangency: (2) thence
on a bearing of West for 50.00 feet to the
POINT OF BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
2. The City of Miami Beach hereby relinquishes possession
and any right of use in the following described property which may
have accrued to the City of Miami Beach over time or which may
accrue to the City of Miami Beach in the future:
A parcel of land being a portion of Lot 27,
"AMENDED PLAT OF AQUARIUM SITE RE-SUBDIVISION",
according to the plat thereof as recorded in
Plat Book 21, page 83 and adjacent to the out
lot as shown on the "AMENDED PLA'r FLEETWOOD
SUBDIVISION", according to the plat thereof as
4
recorded in Plat Book 28, page 34 both Plats
of the public records of Dade County, Florida.
Commence at the Southeast corner of said out
lot; the following two (2) courses being along
the Southerly line and its projection thereof
of said out lot, said Southerly line also being
the Northerly line of said lot 27; (1) thence
on a bearing of East for 39.15 feet to the
POINT OF BEGINNING of the hereinafter descr ibed
parcel of land; (2) thence continue on said
bearing of East for 10.85 feet to a point of
curvature; thence Southeasterly along a 20.00
foot radius curve leading to the right through
a central angle of 900-00'-00" for an arc of
31.42 feet to a point of tangency; thence on
a bearing of South along the Westerly road
right -of-way of Wes t Avenue for 125.60 to a
point on a circular curve whose radius point
bears West for 222.10 feet; thence
Northwesterly along said 222.10 foot radius
curve leading to the left through a central
angle of 140-48'-00" for an arc of57.3~ feet
to a point of tangency; thence north 14 -48'-
00" West for 91. 92 feet to the POINT OF
BEGINNING.
Lying and being in the City of Miami Beach,
Dade County, Florida.
3. Notwithstanding the foregoing, the City of Miami Beach
has and reserves the right to continue using the property set forth
in paragraph 2 above for temporary road purposes only until such
time as realignment of West Avenue is complete, and from and after
such date the temporary use shall cease and terminate.
4. Upon realignment of West Avenue, the Mayor and City Clerk
are authorized to execute a quitclaim deed in favor of the owner
of Lot 27 for the property set forth in paragraph 2 above, which
will also confirm relinquishment of the temporary right referred
to in paragraph 3 above.
PASSED and ADOPTED this 17th day of
January
, 1990.
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VICE- MAYOR
ATTEST:
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CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
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RIGllT-OF-WAY TO BE VACATED
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FLORIDA
33139
"V AC A TIONLAND
U. S. A. ..
OFFICE OF THE CITY MANAGER
ROB W. PARKINS
CITY MANAGER
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673.7010
COMMISSION MEMORANDtJM NO. 373 -q 0
DATE:
January 17, 1990
Members 0
TO:
FROM:
SUBJECT:
VACATION OF.A PORTION OF THE RIGHT-OF-WAY AT 6TH
STREET AND WEST AVENUE
The Land Use and Development Committee met and discussed the existing realignment of
West Avenue at 6th Street, and the proposed vacation of a portion of the right-of-way at
6th Street and West Avenue. The Administration's recommendation to the Land Use
Committee was to vacate a portion containing approximately .08 acre on the west side of
West Avenue in the area of 6th Street to legally effectuate the existing realignment of the
south end of West Avenue to divert traffic on 6th Street to Alton Road.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission approve the attached
resolution to vacate an area of the right-of-way on the west side of West Avenue at 6th
Street.
RWP:RLR:lg
Attachments
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DATE
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. AGENDA
ITEM