Section 4 B. Right Of Way And Easement Modifications
SECTION 4 RIGHT-OF-WAY, EASEMENT AND LAND USE SPECIAL PROVISIONS
B. Right-of-Way and Easement Modifications
Right-of way and easement modifications usually consist of the following:
I-Vacation of a street, alley or a portion of right-of-way by the City. These rights-of-way may be platted or dedicated and may have reversionary rights to adjacent property owners.
II- Abandonment of a utility easement or exchange of an existing utility easement with an equivalent easement elsewhere (Relocation of easements). These also may be platted or dedicated/recorded easements either for utilities or for access.
I. Vacation of a street, alley or a portion of right-of-way:
Pursuant to a review by the Land Use Committee of criteria/standards for considering the abandonment/vacation of streets or other rights-of-way, the City of Miami Beach Mayor and City Commission, on July 26 1989, recommended a case-by-case consideration of these vacations.
As set forth in these criteria/standards, precedent cases of vacation and by Ordinance 92-2783 incorporated as Article II of the City Code, the following are the requirements and procedures for soliciting the vacation of streets or other rights-of-way within the City:
An applicant requesting vacation of a street, alley or portion of right-of-way must submit:
1. A non – refundable $5,000.00 application fee which will be applied to the assessed land value of the right-of-way being vacated.
2. A title binder or title commitment or attorney’s opinion of title to the land subject to the request.
3. A statement by the applicant as to how the purchase and vacation of said right-of-way is in the best interest of the general public’s welfare.
4. A recent topographic survey by a registered surveyor of the applicant’s property and the subject City property
5. A plan showing the exact location and description of the subject City right-of-way, with the proposed improvements and use.
6. A map showing subject property and properties within 375 foot radius highlighted
7. A list of the property owners within the 375 foot radius, and their mailing addresses on gummed labels.
8. A certified letter stating the source and completeness of the above mentioned real property ownership list. Upon receipt of these items, the City’s Public Works Department and City Attorney’s Office shall review the application and the applicant’s commitment shall be obtained for the following:
a) The City’s and other utilities’ rights and needs for a utility easement should be reviewed and considered. Any relocation costs should be assumed by the applicant.
b) Implement the requirements of the attached Article II, sections 82-36 to 82-40 of the City Code as applicable.
Following completion of the above mentioned requirements, a public hearing shall be scheduled during a Commission meeting, public announcements published in the local newspapers and notices mailed to property owners for the provided mailing list.
The City Commission will evaluate the Administration’s recommendations and analysis based on criteria similar to granting or denying a revocable permit as stated in Sec. 82-94 of the City Code during the public hearing and shall either approve, deny or refer to further consideration to the Land Use Committee.
II. Abandonment of a utility easement or exchange of an existing utility easement with an equivalent easement elsewhere (Relocation of easements).
Pursuant to precedent cases for easement vacations/abandonment or relocations, following are the requirements and procedures to abandon or exchange a utility easement:
1. Applicant must submit a recent survey of the property where easement lies.
2. Applicant must submit a title binder or proof of ownership to the property where easement is located and/or shall be relocated to.
3. A letter explaining the reason for the request for abandonment/relocation of the easement, accompanied by Design Review or Historic Preservation Board Final Orders showing conflicts of proposed construction with easement shall be submitted.
4. Applicant must obtain and submit Letters of No Objection or Agreements for relocation from all the utility companies servicing the City. All relocation or removal costs of existing utilities shall be borne by the applicant.
5. Applicant shall prepare and submit survey and legal description of the new or proposed easement together with an easement document to be reviewed by the City.
6. Following the review by the City’s Public Works Department and City Attorney’s Office and form approval of the granted easement documents, applicant executes and submits to the City two originals of the granted easement documents.
7. Public Works shall present the documents to the City Commission for considering approval of abandonment or exchange of the easement usually contingent upon applicant completing the relocation of existing City utilities or posting a bond for the cost of such relocation.
8. Applicant records and submits to the City proof of the recorded documents at the Miami-Dade County Clerk.