2003-065RESOLUTION NO. 2003-65
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ABANDONING A 450
FOOT LONG SEGMENT OF NE 28 COURT LYING SOUTH
OF NE 185 STREET, TOTALING 0.72 ACRES;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Applicant, Ben Fernandez for Meroo Group at Aventura
Landings I, II and III, Inc., through Application 02-AR-03, has requested abandonment
of that portion of the right of way of NE 28 Court lying south of NE 185 Street, totaling
0.72 acres in size; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-AR-03 for abandonment of that
portion of the 70.00 foot wide right of way of NE 28 Court as
described in Official Records Book 6068 at Page 160 of the Public
Records of Miami-Dade County, Florida, lying south of the north
line of the East ¼ of the Southwest ¼ of the Southeast ¼ of the
Southwest ¼ of Section 3, Township 52 South, Range 42 East,
City of Aventura, Miami-Dade County, Florida, more particularly
described in Exhibit "A" attached is hereby granted upon the
following conditions:
1. That, within sixty (60) days of the date of this approval, the
applicant shall dedicate to the City, in form satisfactory to the
City Attorney, a 70.00 foot wide parcel of land running east from
the westerly limit of its landholdings to the easterly limit to
provide for the extension of Miami Gardens Drive through the
site.
2. That the applicant shall construct, at its sole expense, the road
extension of Miami Gardens Drive from NE 28 Court to the
westerly limit of the site in accordance with approved design
drawings. Road construction shall be completed, certified and
accepted by all agencies having jurisdiction prior to issuance of
any certificate of occupancy for the applicant's proposed
residential development.
Resolution No. 2003-65
Page 2
3. That, within sixty (60) days of the date of this approval, the
applicant shall convey any necessary easements to utility
providers along'the vacated roadway, including an easement to
Miami-Dade County Water and Sewer Department for the
existing lift station at the southerly limit of the abandoned right
of way. The City Manager may extend the time limit to provide
easements upon showing of good cause by the applicant.
4. That the applicant shall provide, as proffered, a bond in form
satisfactory to the City Manager and City Attorney and in an
amount up to $20,000.00 to conduct an engineering study and
construct, if feasible, a new median cut on NE 185 Street to
serve the Admiral's Port development.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon the
acceptance by the City of the dedication parcel for the extension of Miami Gardens
Drive.
Section 5. Nothing in this Resolution shall be construed to affect, impair or
abandon any private right, title or interest, if any, in the lands which are the subject of
the abandonment.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Vice Mayor Grossman, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003- 65
Page 3
PASSED AND ADOPTED this 2nd day of September, 2003.
JJ~ff~ey ~. Perlow, Mayor
ATTEST:
Te~j~a M. So~.~CM(~, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY AT'i'ORNEY
Th~solution/~//.~L ~was filed in the Office of the City Clerk this,3day of September,
7~ri~sa M. ~a, C~4C
~Clerk
2003.
Recx~ds of Mk~mi-D~de County. Florido. I~g ~outh of the N~th I;ne
of the Eost I/2. of the Southwest 1/4. of the S~Jtheost 1/4. of the
Southwest 1/4. of Section 3. To, reship 52 5o~th. Rm~e 42 Eost. City
of Armature. t~;~mi-Dode County. Flor;do.
ALSO RNOV~ A~:
A po~ti~ of the E~st 1/2. of the Southwest l/a.. of the ~th~st
1/4. of the S~th~t 1/4 of Froct~ ~ti~ ~ T~ 52 ~th.
Range 42 Eest. M~mi-0ode ~nty. R~i~. b~ng m~e p~t~lady
~ es I~:
I/4. of the ~th~t 1/4. of the ~th~t 1/4. of ~id
thence ~d~gmin2~ ~ t~ N~th ~e of the E~t 1/2. of
~e ~w~t 1/4. of the ~th~t I/4. of ~e ~th~t 1/4. of
W~t R~t-of-~y Une of Nor~t 28[h ~t.
10th. ~8. ~ Off,al R~ds ~ 6~. P~ 160 of the ~lc
el 70.~ f~t to its int~t~ wi~ Eo~ R~ht-of--~y
N~th~[ 2Bth ~rt; th~ ~01mtn4~W. olong
R~t-of-~y ~e of N~th~t ~ ~. f~ ~9.95 ~t; .~ce
N~59m~W ~r 70.~ feet to its int~t~ ~th
Right--of--woy Line of No~theost 28t~ Court; thence
N~0tm~4~E. ~g ~id ~t Ri~t-of-woy ~e of N~h~t
28th C~ f~ ~9.95 I~t to the ~NT ~ ~ONNINO.
C~ta~g 5t.496.41 ~uore Feet ond/~ 0.72 A~ m~e ~ I~.
Exhibit A to Resolution No. 2003-
MERCO GROUP AT AVENTURA
- lg~ ~LW. 9~lh AVENUE, 2~ FLOOR
'~"~ ~ MB~X} GROUP AT AV~