RESOLUTION 89-19628 RESOLUTION NO. 89-19628
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
VACATION AND DISCONTINUANCE OF SECOND (2ND)
STREET BETWEEN A LINE COMMENCING 300 FEET
SOUTHERLY OF THE SOUTH BOUNDARY OF "B" STREET
EXTENDED AND CONTINUING SOUTHERLY TO "D"
STREET, THIRD (3RD) STREET BETWEEN A LINE
COMMENCING 50 FEET SOUTHERLY OF THE SOUTH
BOUNDARY OF "B" STREET EXTENDED AND CONTINUING
SOUTHERLY TO "D" STREET, FOURTH (4TH) STREET
BETWEEN THE SOUTHERN BOUNDARY OF "B" STREET
EXTENDED AND "D" STREET, "C" STREET BETWEEN
FOURTH (4TH) STREET AND THE WEST RIGHT-OF-WAY
OF FIRST (1ST) STREET EXTENDED, AND "D" STREET
BETWEEN THE WEST RIGHT-OF-WAY OF FOURTH (4TH)
STREET EXTENDED SOUTH AND THE WEST RIGHT-OF-
WAY OF FIRST (1ST) STREET EXTENDED SOUTH, ALL
LOCATED IN COMMERCIAL SUBDIVISION OF HARBOR
TERMINAL, AS RECORDED IN PLAT BOOK 23 , PAGE 67,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
(FISHER ISLAND) .
WHEREAS, the Plat of Commercial Subdivision of Harbor Terminal
was approved and recorded in Plat Book 23 , Page 67, of the Public
Records of Dade County, Florida; and
WHEREAS, lying in said plat are the public right-of-ways known
as Second (2nd) Street between a line commencing 300 feet southerly
of the south boundary of "B" Street extended and continuing
southerly to "D" Street, Third (3rd) Street between a line
commencing 50 feet southerly of the south boundary of "B" Street
extended and continuing southerly to "D" street, Fourth (4th)
Street between the south boundary of "B" Street extended and "D"
Street, "C" Street between Fourth (4th) Street and the west right-
of-way of First (1st) Street extended, and "D" Street between the
west right-of-way of Fourth (4th) Street extended south and the
west right-of-way of First (1st) Street extended south, all located
in Commercial Subdivision of Harbor Terminal, as recorded in Plat
Book 23 , Page 67, of the Public Records of Dade County, Florida,
(Fisher Island) ; and
WHEREAS, the Miami Beach City Commission has provided notice
of these proceedings to the public; and
WHEREAS, the Miami Beach City Commission has held a public
hearing to determine whether vacation of the above-referenced
right-of-ways would be in the best interest of the general public
welfare; and
1
WHEREAS, the Miami Beach City Commission has made the following
determinations:
1. The right-of-ways known as Second (2nd) Street between a
line commencing 300 feet southerly of the south boundary of "B"
Street extended and continuing southerly to "D" Street, Third (3rd)
Street between a line commencing 50 feet southerly of the south
boundary of "B" Street extended and continuing southerly to "D"
street, Fourth (4th) Street between the south boundary of "B"
Street extended and "D" Street, "C" Street between Fourth (4th)
Street and the west right-of-way of First (1st) Street extended,
and "D" Street between the west right-of-way of Fourth (4th) Street
extended south and the west right-of-way of First (1st) Street
extended south, all located in Commercial Subdivision of Harbor
Terminal, as recorded in Plat Book 23 , Page 67 , of the Public
Records of Dade County, Florida, (Fisher Island) , are 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 or discontinuance of Second (2nd) Street
between a line commencing 300 feet southerly of the south boundary
of "B" Street extended and continuing southerly to "D" Street,
Third (3rd) Street between a line commencing 50 feet southerly of
the south boundary of B" Street extended and continuing southerly
to "D" street, Fourth (4th) Street between the south boundary of
"B" Street extended and "D" Street, "C" Street between Fourth (4th)
Street and the west right-of-way of First (1st) Street extended,
and "D" Street between the west right-of-way of Fourth (4th) Street
extended south and the west right-of-way of First (1st) Street
extended south, all located in Commercial Subdivision of Harbor
Terminal, as recorded in Plat Book 23 , Page 67, of the Public
Records of Dade County, Florida, (Fisher Island) , is found to be
in the best interest of the general public welfare.
4 . The vacation and discontinuance of Second (2nd) Street
between a line commencing 300 feet southerly of the south boundary
of "B" Street extended and continuing southerly to "D" Street,
2
Third (3rd) Street between a line commencing 50 feet southerly of
the south boundary of "B" extended Street and continuing southerly
to "D" street, Fourth (4th) Street between the south boundary of
"B" Street extended and "D" Street, "C" Street between Fourth (4th)
Street and the west right-of-way of First (1st) Street extended,
and "D" Street between the west right-of-way of Fourth (4th) Street
extended south and the west right-of-way of First (1st) Street
extended south, all located in Commercial Subdivision of Harbor
Terminal, as recorded in Plat Book 23 , Page 67 , of the Public
Records of Dade County, Florida, (Fisher Island) 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 right, title and interest in the
following described public right-of-ways in Commercial Subdivision
of Harbor Terminal and depicted in Exhibit A attached hereto:
SECOND (2ND) STREET
SECOND (2ND) STREET BETWEEN A LINE COMMENCING 300 FEET
SOUTHERLY OF THE SOUTH BOUNDARY OF "B" STREET EXTENDED AND
CONTINUING SOUTHERLY TO "D" STREET, COMMERCIAL SUBDIVISION
OF HARBOR TERMINAL, AS RECORDED IN PLAT BOOK 23 , PAGE 67 , OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
THIRD (3RD) STREET
THIRD (3RD) STREET BETWEEN A LINE COMMENCING 50 FEET SOUTHERLY
OF THE SOUTH BOUNDARY OF "B" STREET AND CONTINUING SOUTHERLY TO
"D" STREET, COMMERCIAL SUBDIVISION OF HARBOR TERMINAL, AS
RECORDED IN PLAT BOOK 23 , PAGE 67 , OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
FOURTH (4TH) STREET
FOURTH (4TH) STREET BETWEEN THE SOUTH BOUNDARY OF "B" STREET
EXTENDED AND "D" STREET, COMMERCIAL SUBDIVISION OF HARBOR
TERMINAL, AS RECORDED IN PLAT BOOK 23 , PAGE 67 , OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
"C" STREET
"C" STREET BETWEEN FOURTH (4TH) STREET AND THE WEST RIGHT-OF-
WAY OF FIRST (1ST) STREET EXTENDED, COMMERCIAL SUBDIVISION OF
HARBOR TERMINAL, AS RECORDED IN PLAT BOOK 23 , PAGE 67, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
"D" STREET
"D" STREET BETWEEN THE WEST RIGHT-OF-WAY OF FOURTH (4TH) STREET
EXTENDED SOUTH AND THE WEST RIGHT-OF-WAY OF FIRST (1ST) STREET
EXTENDED SOUTH, COMMERCIAL SUBDIVISION OF HARBOR TERMINAL, AS
RECORDED IN PLAT BOOK 23 , PAGE 67 , OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; and
3
WHEREAS, the Public Services Department of the City of Miami
Beach recommends that the vacation of the above referenced right-
of-way
ight-of-way be conditioned upon receipt of a permanent utility easement
from adjoining property owners, for the installation, maintenance
and repair of all utilities, public or private, the City' s sanitary
sewer, present or future storm sewers and such other utilities
public or private as may be appropriate or necessary in the future.
NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach does
hereby vacate and disclaim all of the public' s right, title and
interest in and to consider the City' s vacation and discontinuance
of Second (2nd) Street between a line commencing 300 feet southerly
of the south boundary of "B" Street extended and continuing
southerly to "D" Street, Third (3rd) Street between a line
commencing 50 feet southerly of the south boundary of "B" Street
extended and continuing southerly to "D" street, Fourth (4th)
Street between the south boundary of "B" Street extended and "D"
Street, "C" Street between Fourth (4th) Street and the west right-
of-way of First (1st) Street extended, and "D" Street between the
west right-of-way of Fourth (4th) Street extended south and the
west right-of-way of First (1st) Street extended south, all located
in Commercial Subdivision of Harbor Terminal, as recorded in Plat
Book 23 , Page 67 , of the Public Records of Dade County, Florida,
(Fisher Island) conditioned upon the receipt of a permanent utility
easement from the adjoining property owners for the installation,
maintenance and repair of all utilities, public or private, the
City's sanitary sewer, present or future storm sewers and such
other utilities public or private as may be appropriate or
necessary in the future.
PASSED and ADOPTED this 7th day of J. e
1989 .
MAYOR
ATTEST
." 4 t ddi 634.41.,,/ FORM APPROVED
,,L4,51(-A,P‘t
CITY CLERK LEGAL DEPT.
JLM/rlw By L.
,
6/1/89 •
REF: 1 TERMINA3 .RES OAT,
� Date .�
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ORIGINAL
RESOLUITON NO. 89-19628
Autorizing the vacation and discontinuance
of Second (2nd) Street between a line com-
•
mencing 300 feet southerly of the south
boundary of "B" Street extended and con-
tinuing southerly to "D" Street, Third
(3rd) Street between a line commencing 50
feet southerly of the south boundary of
"B" Street extended and continuing souther-
ly to "D" Street, Fourth (4th) Street be-
tween the southern boundary of "B" Street
extended and "D" Street, "C" Street be-
tween Fourth (4th) Street and the west
right-of-way of First (1st) Street extend-
ed, and "D" Street between the west right-
of-way of Fourth (4th) Street extended
south and the west right-of-way of First
(1st) Street extended south, all located
in commercial subdivision of Harbor Ter--
minal, as recoreded in Plat Book 23, page
67, of the Public Records of Dade County,
Florida, (Fisher Island) .