HomeMy Public PortalAbout21-02 Street vacation 1990 Ali-Baba Avenue1st Reading/Public Hearing:
2nd Reading/Public Hearing:
Adopted:
Effective Date:
Sponsored By:
December 09, 2020
January 13, 2021
January 13, 2021
January 13, 2021
City Manager
ORDINANCE NO. 2021-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING TO CLOSE, VACATE AND ABANDON THE
UNDEVELOPED STREET LOCATED BETWEEN THE PARCEL AT 1990 ALI BABA
AVENUE, FOLIO 08-2122-003-2210 AND THE PARCEL IDENTIFIED BY FOLIO 08-
2122-003-2200 PURSUANT TO ORDINANCE 14-02, FOR THE DEVELOPMENT OF A
RESIDENTIAL USE OF THIS PARCEL IN THE B -O ZONING DISTRICT AND
WITHIN THE CORRIDOR MIXED USE OVERLAY DISTRICT; PROVIDING FOR
APPROVAL; PROVIDING FOR SCRIVENER' S ERRORS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article 1 and Article 2 of the City of Opa-Locka City Code
of Ordinance, the City Commission of the City of Opa-Locka ("City Commission") has
the power to approve and adopt plats; and
WHEREAS, the City of Opa-Locka ("City") desires to close, abandon and vacate
the undeveloped street located between the parcel at 1990 Ali Baba Avenue, folio 08-2122-
003-2210 and the parcel identified by folio 08-2122-003-2200, which is approximately
6,518 square feet according to a survey of the property; and
WHEREAS, this City -owned property is on a dead-end street (Right of Way),
which was never developed and is a part of a Settlement Agreement, attached hereto as
Exhibit "A", which includes several other properties; and
WHEREAS, when an undeveloped street vacation is granted, the City's Land
Development Regulations permit a mixed -use commercial / residential development on
the parcel; and
WHEREAS, in accordance with Ordinance 14-02, the property was posted with
notice 30 days prior to this public hearing and the adjacent property owners were notified
as required by the Ordinance; and
WHEREAS, this request is being presented to the City Commission in order to
complete the required process with Miami -Dade County; and
WHEREAS, the City Commission desires to approve the closure, vacation and
abandonment of the undeveloped street located between the parcel at 1990 Ali Baba
Avenue, folio 08-2122-003-2210 and the parcel identified by folio 08-2122-003-2200
Ordinance No. 2021-02
pursuant to Ordinance 14-02, for the development of a residential use on this 6,510 square
foot parcel in the B -O zoning district and within the corridor mixed use overlay district.
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA:
Section 1. Recitals.
The above recitals are true and correct and are incorporated into this Ordinance
by reference.
Section 2. Approval of the Plat
The request for street vacation for the Magnolia Subdivision property, as legally
described on the survey, attached hereto as Exhibit "B".
Section 3. Conditions.
1. The applicant shall comply with all requirements of Section 28 of the Miami
Dade County Code.
2. The applicant shall comply with all requirements and obtain approvals from
the Miami -Dade County Department of Public Works, Platting Division as
applicable.
3. Applicant shall be responsible for the relocation of the utilities according to
the development requirements.
Section 4. Authorization.
Subject to review by the City Attorney, the City Manager, the City Clerk and
Planning & Community Development Department Director, the proper officials
are authorized to sign the final plat and to execute any other needed documents
consistent with the intent of this Ordinance.
Section 5. Conflict & Repealer.
All ordinances, parts of ordinances or code provisions in conflict herewith
ordinance are hereby repealed.
Section 6. Severability.
Ordinance No. 2021-02
If any section, sentence, clause or any other provision of this Ordinance shall be
held invalid or be found unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not be construed so as to render
invalid or unconstitutional the remaining sections, sentences, provisions or
clauses of this Ordinance.
Section 8. Effective Date.
This Ordinance shall be effective immediately upon its passage and adoption.
PASSED FIRST READIING THIS 9th day of December, 2020.
PASSED SECOND READING THIS 13th day of January, 2021.
ATTEST:
(
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burette Norris -Weeks, P.A.
Moved by: VICE MAYOR WILLIAMS
Seconded by: COMMISSIONER BURKE
Matthew A. Pigatt, Mayor
Ordinance No. 2021-02
VOTE: 4-1
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt NO
City of Opa-locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
_ .--"---, --
(:,, •
fy'
�
Finance Director:
FD Signature:
Department
s
i
City Manager:
John E. Pate
CM Signature:
Commission Meeting
Date:
12-09-20
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance/Resolution Reading:
(Enter X in box)
1n, Reading
2nd
Reading
X
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O. Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bi#: N/A
X
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communcation
Area:
Strategic Plan
Obj./Strategy: (list the specific
objective/strategy this item will
address)
Commercial Retail Services
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•
Dev
•
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Sponsor Name
City
Manager
Department: Planning & Community
Development
City Manager
Short Title:
An Ordinance Of The City Commission Of The City Of Opa-Locka, Florida, Approving
To Close, Vacate And Abandon The Undeveloped Street Located Between The Parcel At
1990 Ali Baba Avenue, Folio 08-2122-003-2210 And The Parcel Identified By Folio 08-2122-
003-2200 Pursuant To Ordinance 14-02, For The Development Of A Residential Use On
This Parcel In The B -O Zoning District And Within The Corridor Mixed Use Overlay
District; Providing For Approval; Providing For Scrivener' s Errors; Providing For An
Effective Date
Ordinance -Right of Way Vacation —12-09-20
Staff Summary:
The property in question is located in the Magnolia North neighborhood at
approximately 2000 Ali Baba Avenue. This property is being proffered as part of a
settlement which includes several properties. This is a City owned dead-end
undeveloped Right -of -Way which was never developed to be used as a street. The City
intends to convert this Right -of -Way to buildable property for a residential use
development through this process. A property survey was conducted in July for this site
at approximately 2000 Ali Baba Avenue. This is a formal request to the City Commission
to grant the vacation of the dead-end street Right -of -Way which will permit the Miami -
Dade County Property Appraiser's Office to assign a folio number based on this
legislation so that the property at 2000 Ali Baba Avenue can be conveyed as per the
Barton/Contreras Settlement Agreement. The development of this property is subject to
the zoning district and Overlay Districts permitted uses.
In accordance with the requirements of Ordinance 14-02, the property was posted 30 days
prior to this public hearing and the adjacent property owners were notified. Pastor
Cooper and Pastor Moore have provided a letter of interest in this property as indicated
in their included letter.
Financial Impact - The potential future development of this property will make a small
contribution to the City's tax base.
Proposed Action:
Staff has recommended approval of this Request.
Attachment:
Public Notice Post
DRAFT Resolution -
Property Survey & Invoice
Pastor Cooper / Pastor Moore Letter
Barton/Contreras Settlement Agreement
Ordinance -Right of Way Vacation —12-09-20
PUBLIC NOTICE
CITY OF OPA-LOCKA CITY COMMISSION
PUBLIC INFORMATION MEETING
NOTICE IS HEREBY GIVEN that the City of Opa-locka City Commission will hold a
Virtual Regular Public Hearing Meeting on Wednesday, November 18, 2020 at 7:00 PM,
to consider the following item (s):
REQUEST:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING TO CLOSE, VACATE AND ABANDON THE UNDEVELOPED
STREET LOCATED BETWEEN THE PARCEL AT 1990 ALI BABA AVENUE, FOLIO 08-
2122-003-2210 AND THE PARCEL IDENTIFIED BY FOLIO 08-2122-003-2200
PURSUANT TO ORDINANCE 14- 02, FOR THE DEVELOPMENT OF A RESIDENTIAL
USE ON THIS PARCEL IN THE B -O ZONING DISTRICT AND WITHIN THE
CORRIDOR MIXED USE OVERLAY DISTRICT; PROVIDING FOR APPROVAL;
PROVIDING FOR SCRIVENER' S ERRORS; PROVIDING FOR AN EFFECTIVE DATE
MAP LOCATION
COPIES OF THE PROPOSED DOCUMENTS SHALL BE AVAILABLE FROM THE COMMUNITY DEVELOPMENT DEPARTMENT AND AT THE PUBLIC HEARING.
Additional Information on the above items may be obtained in the Office of the City Clerk, 780 Fisherman Street, 4th
Floor, and Opa-locka, Florida 33054. All interested persons are encouraged to attend these meetings and will be heard
with respect to the public hearings.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to
participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance no later than
seven (7) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800)
955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or
commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,
and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal may be based.
COPIES OF THE PROPOSED DOCUMENTS SHALL BE AVAILABLE FROM THE COMMUNITY DEVELOPMENT DEPARTMENT AND AT THE PUBLIC HEARING.
EXHIBIT "A"
MUTUAL SETTLEMENT AGREEMENT AND RELEASE
JOSEPH BARTON, an individual ("BARTON"), JAIDEN CONTRERAS an individual,
("CONTRERAS"), and the CITY OF OPA-LOCKA, FLORIDA agree to enter into this Mutual
Settlement Agreement and Release ("Agreement") this 1 k day of January, 2020 as follows:
WHEREAS, BARTON and CONTRERAS brought suit against CITY OF OPA-LOCKA
in the Circuit Court of the 1 t' Judicial Circuit in and for Miami -Dade County, Florida, Case No.
16 -11180 -CA -01(24) ("the Lawsuit"); and
WHEREAS, on or about November 13, 2019 the parties attended a mediation and agreed
to settle certain issues involved with this case for city -owned land rather than for payment of
money; and
WHEREAS, the parties further agree that the property located at 14465-75 NW 22nd
Avenue, Opa-Locka, FL 33054 shall be re -opened as a package store as a part of matters to be
settled; and
WHEREAS, the City of Opa-Locka denies liability regarding the allegations raised in the
Lawsuit; and
WHEREAS, the parties now desire to amicably resolve and settle all matters at issue in
the Lawsuit and, accordingly, desire to enter into this Agreement in order to avoid the expense of
additional litigation.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
intending to be legally bound, hereby agree and covenant as follows:
1. Incorporation of Recitals: The above recitals are true and accurate and are
incorporated herein by reference.
2. Settlement: a) The CITY OF OPA-LOCKA shall allow a permitted package store
at the property located at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 to operate as a non-
conforming use, so long as Plaintiffs BARTON and CONTRERAS, or any corporate entity
created, controlled or sold by them agrees to secure, on a yearly basis, a valid business tax receipt
and otherwise comply with all necessary provisions of the Opa-Locka Code of Ordinances, Opa-
Locka Land Use Regulations and state and federal laws. If the said property site is abandoned for
more than six (6) months from the time of this settlement agreement, or if the property site located
at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 is destroyed by more than 50%, as
determined by the City of Opa-Locka, it shall cease as a non -conforming use and shall be subject
to all requirements of the City of Opa-Locka Code of Ordinances and Land Use Regulations
existing at said time for the zoning district. The Plaintiffs agree to make the conditions of this
Agreement known to any persons desiring to purchase the property site located at 14465-75 NW
22nd Avenue, Opa-Locka, FL 33054 by incorporating said requirements as deed restrictions.
b) The CITY OF OPA-LOCKA agrees to transfer the following properties in the areas of
the City known as "Magnolia North" as set forth in Attachment "A" which is entitled "Surplus
Property For Settlement Transfer [as of 1/13/2020]" to Plaintiffs.
c) The CITY OF OPA-LOCKA agrees to transfer the first three properties on Exhibit "A"
(specifically, address 1800 Ali Baba Avenue; address to be assigned, 2000 Ali Baba Avenue and
address 1801 Ali Baba Avenue, all within the City of Opa-Locka) to CONTRERAS.
d) The CITY OF OPA-LOCKA agrees to transfer the remaining eight properties
(beginning with the property stating address to be assigned as 1800 Washington Avenue) on
Exhibit "A" to BARTON.
e) All properties shall be transferred in "as is" condition with BARTON and
CONTRERAS being fully responsible for the properties subsequent to transfer.
3. Dismissal of Lawsuit: Upon execution of this Agreement, Plaintiffs shall voluntarily
dismiss the Lawsuit, with prejudice, within (30) days, with Plaintiffs and Defendant to bear their
own costs and attorney's fees.
4. Mutual Release: As part and parcel of this Agreement, the parties on behalf of partners,
corporations, members, shareholders, principals, directors, board members, managing members,
chairmen, executive committee members, employees, agents, representatives, family members,
attorneys, heirs, executors and administrators, assignors, successors and survivors, hereby release,
acquit, satisfy, and forever discharge each other, and their affiliates, corporations partners,
directors, shareholders, principals, directors, board members, managing members, chairmen,
executive committee members, subsidiaries, officers, directors, family members, representatives,
attorneys, heirs, executors and administrators, assignors, successors and survivors, from any and
all actions and causes of actions, damages, judgments, claims, counterclaims and demands
whatsoever, liquidated or un-liquidated, contingent or fixed, known or unknown, determined or
undetermined at law or in equity which they now have or may have from the beginning of time to
the date of these presents and/or that otherwise could have been brought against each other in the
Lawsuit.
5. Enforcement of Agreement: the parties agree that any dispute regarding the terms and
conditions herein shall be resolved through mediation followed by arbitration if mediation is
unsuccessful.
6. Representation by Counsel: the parties acknowledge that they have had a full
opportunity to read this Agreement and have had the benefit of counsel in reviewing the
Agreement.
7. Miscellaneous:
a. No modification, waiver, amendment, discharge or change of this
Agreement shall be valid unless the same is in writing and signed by the
party against which the enforcement of such modification, waiver,
amendment, discharge or change is sought.
b. This Agreement contains the entire agreement between the parties hereto
and all prior or contemporaneous agreements, understandings,
representations and settlements, oral or written, are merged herein.
c. This Agreement shall be strictly construed in accordance with the laws of
the State of Florida.
d. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, and their respective successors and assigns.
e. The representations, warranties, covenants, agreements and indemnities of
the parties hereto made in this Agreement, or any certificate or document
delivered pursuant hereto, shall remain operative and survive execution and
delivery.
f. The parties hereto, at any time and from time to time, following the
execution hereof, shall execute and deliver all such further instruments or
documents and take all such further action as may be reasonably required
to carry out the terms, conditions and provisions of this Agreement.
g. This Agreement may be executed in any number of counterparts and by
different parties hereto in separate counterparts, each of which when so
executed shall be deemed to be an original and shall be binding upon all
parties, their successors and assigns, and all of which taken together shall
constitute one and the same agreement.
h. All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine, neuter, singular or plural as the identity of the person
or persons or entity may require.
All sections, titles or captions contained in this Agreement are for
convenience only and shall not be deemed to be a part of this Agreement,
and shall not affect the meaning or interpretation of this Agreement.
j. The parties to this Agreement intend that time shall be of the essence and
that the performance of all duties, obligations and activities contemplated
hereunder be done in strict compliance with the terms, provisions and
procedures contained in this Agreement so long as approved by the State's
Oversight process. Whenever any date or time is specified in this
Agreement, strict adherence shall be required. However, unforeseen events,
such as force majeure, weather, acts of war, and strikes shall excuse a party
who makes a good faith effort to comply with the time specified within this
Agreement, but cannot timely comply due to one of the aforementioned
events, or a similar event. Under such circumstances, the performing party
will be required to perform within a reasonable period of time.
z
Executed thiWd day of
Swn to an
lr day of
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
scribed before me by
, 2020.
, 2020.
aide() %- C e s
? he/she is personally known to me, OR
has produced as identification.
NOTARY PUBLIC
(NOTARY STAMP) Print Name
Yoselin Marinez
,� Commission ! GG032261
'' Expires: October 4, 2020
Of OS Bonded thru Aaron Notary
� � n'\cu e2
MUTUAL SETTLEMENT AGREEMENT AND RELEASE
JOSEPH BARTON, an individual ("BARTON"), JAIDEN CONTRERAS an individual,
("CONTRERAS"), and the CITY OF OPA-LOCKA, FLORIDA agree to enter into this Mutual
Settlement Agreement and Release ("Agreement") this 1'}- day of January, 2020 as follows:
WHEREAS, BARTON and CONTRERAS brought suit against CITY OF OPA-LOCKA
in the Circuit Court of the 11 th Judicial Circuit in and for Miami -Dade County, Florida, Case No.
16 -11180 -CA -01(24) ("the Lawsuit"); and
WHEREAS, on or about November 13, 2019 the parties attended a mediation and agreed
to settle certain issues involved with this case for city -owned land rather than for payment of
money; and
WHEREAS, the parties further agree that the property located at 14465-75 NW 22nd
Avenue, Opa-Locka, FL 33054 shall be re -opened as a package store as a part of matters to be
settled; and
WHEREAS, the City of Opa-Locka denies liability regarding the allegations raised in the
Lawsuit; and
WHEREAS, the parties now desire to amicably resolve and settle all matters at issue in
the Lawsuit and, accordingly, desire to enter into this Agreement in order to avoid the expense of
additional litigation.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
intending to be legally bound, hereby agree and covenant as follows:
1. Incorporation of Recitals: The above recitals are true and accurate and are
incorporated herein by reference.
2. Settlement: a) The CITY OF OPA-LOCKA shall allow a permitted package store
at the property located at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 to operate as a non-
conforming use, so long as Plaintiffs BARTON and CONTRERAS, or any corporate entity
created, controlled or sold by them agrees to secure, on a yearly basis, a valid business tax receipt
and otherwise comply with all necessary provisions of the Opa-Locka Code of Ordinances, Opa-
Locka Land Use Regulations and state and federal laws. If the said property site is abandoned for
more than six (6) months from the time of this settlement agreement, or if the property site located
at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 is destroyed by more than 50%, as
determined by the City of Opa-Locka, it shall cease as a non -conforming use and shall be subject
to all requirements of the City of Opa-Locka Code of Ordinances and Land Use Regulations
existing at said time for the zoning district. The Plaintiffs agree to make the conditions of this
Agreement known to any persons desiring to purchase the property site located at 14465-75 NW
22nd Avenue, Opa-Locka, FL 33054 by incorporating said requirements as deed restrictions.
b) The CITY OF OPA-LOCKA agrees to transfer the following properties in the areas of
the City known as "Magnolia North" as set forth in Attachment "A" which is entitled "Surplus
Property For Settlement Transfer [as of 1/13/2020]" to Plaintiffs.
c) The CITY OF OPA-LOCKA agrees to transfer the first three properties on Exhibit "A"
(specifically, address 1800 Ali Baba Avenue; address to be assigned, 2000 Ali Baba Avenue and
address 1801 Ali Baba Avenue, all within the City of Opa-Locka) to CONTRERAS.
d) The CITY OF OPA-LOCKA agrees to transfer the remaining eight properties
(beginning with the property stating address to be assigned as 1800 Washington Avenue) on
Exhibit "A" to BARTON.
e) All properties shall be transferred in "as is" condition with BARTON and
CONTRERAS being fully responsible for the properties subsequent to transfer.
3. Dismissal of Lawsuit: Upon execution of this Agreement, Plaintiffs shall voluntarily
dismiss the Lawsuit, with prejudice, within (30) days, with Plaintiffs and Defendant to bear their
own costs and attorney's fees.
4. Mutual Release: As part and parcel of this Agreement, the parties on behalf of partners,
corporations, members, shareholders, principals, directors, board members, managing members,
chairmen, executive committee members, employees, agents, representatives, family members,
attorneys, heirs, executors and administrators, assignors, successors and survivors, hereby release,
acquit, satisfy, and forever discharge each other, and their affiliates, corporations partners,
directors, shareholders, principals, directors, board members, managing members, chairmen,
executive committee members, subsidiaries, officers, directors, family members, representatives,
attorneys, heirs, executors and administrators, assignors, successors and survivors, from any and
all actions and causes of actions, damages, judgments, claims, counterclaims and demands
whatsoever, liquidated or un-liquidated, contingent or fixed, known or unknown, determined or
undetermined at law or in equity which they now have or may have from the beginning of time to
the date of these presents and/or that otherwise could have been brought against each other in the
Lawsuit.
5. Enforcement of Agreement: the parties agree that any dispute regarding the terms and
conditions herein shall be resolved through mediation followed by arbitration if mediation is
unsuccessful.
6. Representation by Counsel: the parties acknowledge that they have had a full
opportunity to read this Agreement and have had the benefit of counsel in reviewing the
Agreement.
7. Miscellaneous:
a. No modification, waiver, amendment, discharge or change of this
Agreement shall be valid unless the same is in writing and signed by the
party against which the enforcement of such modification, waiver,
amendment, discharge or change is sought.
b. This Agreement contains the entire agreement between the parties hereto
and all prior or contemporaneous agreements, understandings,
representations and settlements, oral or written, are merged herein.
c. This Agreement shall be strictly construed in accordance with the laws of
the State of Florida.
d. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, and their respective successors and assigns.
e. The representations, warranties, covenants, agreements and indemnities of
the parties hereto made in this Agreement, or any certificate or document
delivered pursuant hereto, shall remain operative and survive execution and
delivery.
f. The parties hereto, at any time and from time to time, following the
execution hereof, shall execute and deliver all such further instruments or
documents and take all such further action as may be reasonably required
to carry out the terms, conditions and provisions of this Agreement.
cdr
g. This Agreement may be executed in any number of counterparts and by
different parties hereto in separate counterparts, each of which when so
executed shall be deemed to be an original and shall be binding upon all
parties, their successors and assigns, and all of which taken together shall
constitute one and the same agreement.
h. All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine, neuter, singular or plural as the identity of the person
or persons or entity may require.
i. All sections, titles or captions contained in this Agreement are for
convenience only and shall not be deemed to be a part of this Agreement,
and shall not affect the meaning or interpretation of this Agreement.
j. The parties to this Agreement intend that time shall be of the essence and
that the performance of all duties, obligations and activities contemplated
hereunder be done in strict compliance with the terms, provisions and
procedures contained in this Agreement so long as approved by the State's
Oversight process. Whenever any date or time is specified in this
Agreement, strict adherence shall be required. However, unforeseen events,
such as force majeure, weather, acts of war, and strikes shall excuse a party
who makes a good faith effort to comply with the time specified within this
Agreement, but cannot timely comply due to one of the aforementioned
events, or a similar event. Under such circumstances, the performing party
will be required to perform within a reasonable period of time.
a(
Executed this ) ( day of � ���� �� 2020.
By
JOS
STATE OF -F A T W
COUNTY OF TAI A M -I DA44 Nl ( n(L
„1
Sworn to and subscribed before me by 11 , on behalf of v.1 ' ,9y1 owqr , this day
of U( , 2020.
he/she is personally known to me, OR
has produced as identification.
(witiLa,
NOTARY PUBLIC
JAMIE SUE LOWE
NOTARY PUBUO
STATE Of TEXAS
MYCOMM. EXp 04/17/2021
NOTARY ID 13109350-0
(NO'i)ARY STAMP) Print Name Q' \\C J
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u n d e r s i g n e d P a r t i e s .
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Executed this _ day of , 2020.
By
JAIDEN CONTRERAS
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Sworn to and subscribed before me by , on behalf of , this
day of , 2020.
he/she is personally known to me, OR
has produced as identification.
NOTARY PUBLIC
(NOTARY STAMP) Print Name
SKETCH AND LEGAL DESCRIPTION
RIGHT OF WAY
BETWEEN BLOCK 12 AND 13 OF
MAGNOLIA SUBDIVISION
PLAT BOOK 40 PAGE 80
EXHIBIT 'BT
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LEGAL DESCRIPTION :
NW '53RD SI
NW 152ND TE
NW 152ND ST
151ST ST
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NW 201H P
ALI BABA AVENUE:
RIGHT -OF WAY
A 50 FEET WIDE RIGHT-OF-WAY LAYING BETWEEN BLOCK 12 AND BLOCK 13 OF
MAGNOLIA SUBDIVISION AS RECORDED IN PB 40, PG 80 AS RECORDED IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FL, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 40, BLOCK 12; THENCE RUN
NORTHEASTERLY FOR 50 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 13;
THENCE, RUN NORTHWEST ALONG THE WEST LINE OF LOT 1 BLOCK 13 FOR 1010
FEET TO A POINT OF CURVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF
90'00'00", A RADIUS OF 25 FEET AND AN ARC LENGTH OF 39.27 FEET TO THE
POINT OF TANGENCY (ALSO A POINT OF CUSP); THENCE, RUN SOUTHWESTERLY
ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ALI BABA AVENUE TO THE POINT
OF CURVE TO THE SOUTHWEST (ALSO A POINT OF CUSP) HAVING A CENTRAL
ANGLE OF 90°00'00", A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27
FEET; THENCE, RUN SOUTHEASTERLY ALONG THE EAST LINE OF LOT 40, BLOCK 12
FOR 100 FEET TO THE POINT OF BEGINNING, ALL CONTAINING 6,518.25 SQUARE
FEET.
m
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03 NW 152
Z NW 151
PROPERTY
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Digitally signed by Joseph C
Chan
Date: 2020.07.13 21:28:56 -04'00'
By:
JOSEPH CHAN, PE, PSM, CGC
CERTIFICATE No.L.S.-6821
STATE OF FLORIDA
"NOT VALID WITHOUT THE SIGNATURE, DATE AND THE SEAL OF
FLORIDA LICENSED SURVEYOR AND MAPPER."
SKETCH AND LEGAL DESCRIPTION
RIGHT OF WAY
BETWEEN BLOCK 12 AND 13 OF
MAGNOLIA SUBDIVISION
PLAT BOOK 40 PAGE 80
B, A, & K GROUP, INC.
Architects - Engineers - Land Surveyors
CERTIFICATE No.L.B. 7887
STATE OF FLORIDA
12000 SW 92 ST, MIAMI, FL 33186-2018
PHONE: 786.488.1000
EMAIL: ENGINEERCONTRACTOR@GMAIL.COM
JEB#,20-072000
DATE: JUNE/2020
SCALE! AS SHOWN
DRAvA%N: L. MAQUEIRA
SHEET'
1 OF 2
SKETCH AND
LEGAL DESCRIPTION
EXHIBIT "B°
SKETCH AND LEGAL DESCRIPTION
RIGHT OF WAY
BETWEEN BLOCK 12 AND 13 OF
MAGNOLIA SUBDIVISION
PLAT BOOK 40 PAGE 80
GRAPHIC SCALE
30 0 15 30
( IN FEET )
1 inch = 30 ft.
EGEND:
B/C = BLOCK CORNER
PG. = PAGE
P.B. = PLAT BOOK
= CENTERLINE
0000011000000000000000886,
o�����o�o •
sS ..• L\C ENSF' •. + °°°°°°°,°
No. 6821 d
Digitally signed by 1 o a
Joseph C Chan N . STATE OF oo
Date: 2020.07.13 21:28:11
-04'00' °°°°°:q4 . . .. -
B, A, & K GROUP, INC.
Architects - Engineers - Land Surveyors
CERTIFICATE No.L.B. 7887
STATE OF FLORIDA
12000 SW 92 ST, MIAMI, FL 33186-2018
PHONE: 786.488.1000
EMAIL: ENGINEERCONTRACTOR@GMAIL.COM
°°°°°° S1iRve(o
888%o'oaaeauuuuuu000g.'app° %
JUB#.20-072000
DATE: JUNE/2020
SCALE: AS SHDJ/N
DRA`AiN: L. MAQUEIRA
SHEET:
2 OF 2
New
\issionar j baptist Ckurck
1990 Ali Baba Ave
Opa-Iocka, FL 33054
(305)305-8107
Pastor Leonard Cooper
1990 Ali Baba Ave
OPA-LOCKA FL 33054
10/19/2020
Dear Mr. Gregory gay and Mr. Gerald lee:
RECEIVED
CITY OF O{'n-LOCI(A
OFFICE OF THE CITY CLERK
2020 OCT 19 AM 1 1 : 07
To Opa-Iocka CRA Mr. Gregory Gay and planning coordinator Mr. Gerald lee I'm the pastor
Leonard Cooper of New Missionary Baptist Church. Located at 1990 ALI-BABA Ave Opa-Iocka
Florida 33054.
I'm writing this letter requesting information on how to obtain the lot on west side of New
Missionary Baptist Church. New Missionary Baptist Church and The Church Our Lord Pastor
Moore 2010 ALI-BABA AVE OPA-LOCKA Florida 33054 have come to an agreement. That if there
is any possible way that the church or churches could obtain this lot for parking.
We understand that the lot is going to be used for residential housing development. We the
pastor of New Missionary Baptist Church and The Church of Our lord along with our members
would not like the churches to be divided by the housing development. Both congregations
have been maintaining that lot for more than 15 years. And are still doing so as of today and we
will appreciate if you would consider letting us obtain this lot for parking.
Sincerely,
Pastor Leonard Cooper
New Missionary artist Church
1990 Ali Baba Ave
Opa-Iocka, FL 33054
(305 305-8107
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NEIGHBORS
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public
hearings at its Regular Commission Meeting on Wednesday, January 13, 2021 at 7:00 p.m., Sherbondy
Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following ordinances for adoption:
SECOND READING ORDiNANCES/PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY COMMISSION OF TIDE CITY OF OPA-LOCKA, FLORIDA,
AMENDING AND REPLACING, IN ENTIRETY, ARTICLE IV OF THE CITY OF OPA-LOCKA'S
CODE OF ORDINANCES ENTITLED "STORMWATER UTILITY", SPECIFICALLY AMENDING
SECTIONS 21-190 THROUGH 21-196; CREATING NEW SECTIONS 21-197 THROUGH 20-203;
PROVIDING FOR INTENT; CONSTRUCTION; DEFINITIONS; UTIiL1TY ESTABLISHMENT;
CUSTOMER BASE; UTILITY CATEGORIES; FEE SCHEDULE AND PAYMENT; EXEMPTIONS;
STORMWATER UTILITY ENTERPRISE FUNDS; REQUEST FOR ADJUSTMENT;
PROHIBITIONS; PERMITS, PLAN REVIEWS, INSPECTIONS AND ADMINISTRATIVE FEES;
PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW,
SEVERABILTTY; AND PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing
held on December 9, 2020).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
APPROVING TO CLOSE, VACATE AND ABANDON THE UNDEVELOPED STREET LOCATED
BETWEEN THE PARCEL AT 1990 ALI BABA AVENUE IDENTIFIED BY FOLIO 08-2122-003-2210
AND THE PARCEL IDENTIFIED BY FOLIO 08.2122.003-2200 PURSUANT TO ORDINANCE
14-02, FOR THE DEVELOPMENT OF A RESIDENTIAL USE OF THIS PARCEL IN THE B-0
ZONING DISTRICT AND WITHIN THE CORRIDOR MIXED USE OVERLAY DISTRICT;
PROVIDING FOR APPROVAL; PROVIDING FOR SCRIVENER' S ERRORS; PROVIDING FOR
AN EFFECTIVE DATE (first reading/public hearing held on December 9, 2020).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
REPEALING CHAPTER 18, ARTICLE H OF THE CODE OF ORDINANCES, IN ITS ENTIRETY,
CREATING A NEW CHAPTER TO INCLUDE DEFEN1TION OF TERMS; PROVIDING FOR THE
REGULATION OF BURGLAR ALARMS; PENALTIES AND FEES FOR NON-COMPLIANCE;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE
(first reading/public hearing held on December 9, 2020).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING ARTICLE 1.5 ENTITLED "CODE OF ETHICS; CONFLICT OF INTEREST- SECTION
2-14 ENTITLED "ORIENTATION OF ELECTED OFFICIALS" TO INCLUDE TRAINING ON
THE ROLES AND RESPONSIBILITIES OF APPOINTED OFFICIALS; PARLIAMENTARY
PROCEDURE; A REVIEW OF THE CITY'S STRATEGIC PLAN; PREPARATION OF AN
ACCOUNTABILITY PLAN FOR CITY MANAGER FOR THE UPCOMING YEAR AND A REVIEW
OF MAJOR CHALLENGES FACING THE CITY IN A WORKSHOP SETTING; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (first reading/public
hearing held on December 9, 2020).
Additional information on the above items may be obtained by contacting the Office of the City Clerk by
telephone 305-953-2800 or email jfores@opalockali.gov. To participate or provide comments virtually,
please email publiccomments@opalockafl.gov by 5:00 p.m. on Wednesday, January 13, 2021.
All interested persons are encouraged to participate in this meeting and will be heard with respect to the
public hearings.
in accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations
to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for
assistance no later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone
the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish)
or (877)955-8707 (Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency,
or commission with respect to any matter considered at such meeting or hearing will need a record of the
proceedings. and for that reason, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal may be based.
Joanna Flores, CMC
City Clerk
City of Opa-locka
COVID-19
Miami -Dade Coui
help seniors sche
vaccine appointer
BY MICHELLE MARCHANTE
mmarchante@miamiherald.com
Miami -Dade County has
created a new website to
help seniors, and eventu-
ally the rest of the general
public, find and schedule
COVID-19 vaccination
appointments.
The website
miamidade.gov/vaccine
went live Wednesday and
provides information on
who is currently allowed to
get the COVID-19 vaccine
in Florida, where vaccines
are available in the county
and how people can sched-
ule their vaccination.
Currently, Florida is
giving vaccines to health-
care workers, long-term
care facility residents and
staff, and people 65 and
older, including
snowbirds.
Broward County plans
to open a vaccination site
Sunday at Tradewinds
Park in Coconut Creek
and Vista View Park in
Davie (by appointment
only, www.Broward.
FloridaHealth.gov ).
Vaccination starts by ap-
pointment Tuesday at
Markham Park, 16001 W
State Road 84, Sunrise.
In Miami -Dade, the
Florida Department of
Health is still finalizing its
vaccination plan, which
means that for now, the
places where people can
get COVID-19 vaccines
are limited.
WHERE CAN YOU GET A
COVID-19 VACCINE IN
MIAMI-DADE?
• Mount Sinai Medical
A nurse prepares
Dadeland Hotel r
Wednesday, Dec.
the first COVID-1'
healthcare worke
Center in Miami
scheduling appo
for first respond(
people 75 and of
hospital will eve]
expand its vaccn
target group to p
and older.
To make an al
ment, call 305-6
Monday through
from 8 a.m. to 5
Saturday througl
from 8 a.m. to 1
phone line will b
on New Year's F
• Jackson Hea
is expected to or
online platform
for people 65 an
request a vaccin,
pointment and ri
call back with th
ment date and ti
The hospital h
planned to only
vaccine to Miam
County resident:
changed course
Moskowitz, direr
state's Division (
gency Managem