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HomeMy WebLinkAboutR-03-0210J-03-006 12/12/02 RESOLUTION NO. 0 210 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED "BMS SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, the Department of Public Works recommends the acceptance of the plat entitled BMS SUBDIVISION; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled "BMS SUBDIVISION" is a replat of the property described in "Attachment 1," which plat by reference is made a part hereof as if fully incorporated herein, and subject to all of the conditions required by the Plat and Street Committee as set forth as "Exhibit All attached herto, is accepted. The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said FA7 T 1 tlVI � v'j r f 7 Ai CITY COON M UTMG Cc F E D 2 7 2003 Resolution No. 03- 210 property, are also accepted and confirmed by the City of Miami, Florida. Section 2. The City Manager and City Clerk are authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Miami -Dade County, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 27th day of February , 2003. EL A. DIAZ, MA 4!—,45 ATTEST: PRISCILLA A. T OMPSON CITY CLERK APPROVEID,'AS T-6/FORM AND CORRECTNESS: CEJ DRO V_1_fARELLO CI ATTORNEY W6790:d�ftk 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 03- 210 Attachment 1 Lots 3, 4, 5 and 6, less the East 15 feet thereof, and Lots 7, 8, 9 and 10, Block 10, "EDGEWATER", according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Miami -Dade County, Florida; and that 10 -foot wide alley lying adjacent to said Lots 3, 4, 5 and 6, less the East 15 feet thereof, and said Lots 7, 8, 9 and 10, Block 10, "EDGEWATER", according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Miami - Dade County, Florida. 03- 210 CAMyDirectory\BMS SUBDIVISION-A.doc Cit#g of 4NT-al i �t1! OFA JOHN H. JACKSON, P.E. 7 CARLOS A. GIMENEZ Director' r tens ;;m Qe City Manager 4�.o-gy0♦� �� �� July 5, 2002 4,/Itlldl z Ms. Gail H. Beckham-Foerster 5860 Pinetree Drive Miami Beach, FL 33140 BMS Development 5901 SW 74 St., #205 Miami, FL 33143 William E. Beckham III 3401 NW 82 Ave., #300 Miami, FL 33122 Dear Ladies and Gentlemen: Barbara B. Slick 231 Peachtree Battle Ave., N.W. Atlanta, GA 30305 Horatio Toro, Trustee 8221 SW 89 St. Miami, FL 33156 BMS SUBDIVISION (FORMERLY EDGEWATER BLOCK 11 AMENDED) (THIRD RESUBMITTAL) TENTATIVE PLAT #1587-C The City of Miami Plat and Street Committee, at its meeting of July 2, 2002, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 1. verify if there are any existing utilities in the alley to be closed and vacated. if there are, the utilities must be relocated or an easement provided. All utility company letters must be addressed to the City of Miami and state if easements are required. 2. A copy of the recorded Trust papers must be submitted. 3. Be advised that when the opinion of title for the final plat is submitted, copies of all instruments referenced in the opinion must be submitted. 4. Provide a copy of the tree removal permit for the tentative plat site. An after the fact- permit will be required if no tree removal permit, both on private property and within the public right of way, has been issued. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights-of-way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. Copy of BMS SUBDIVISION (EDGEWATER BLOCK 11 AMENDED DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd AvenuetMiami, Florida 33130/(305)416-1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 03- 210 Ms. Gail H. Beckham-Foerster, Barbara S. Slick, BMS Development, Horatio Toro, Trustee, and William E. Beckham III BMS SUBDIVISION (FORMERLY EDGEWATER BLOCK 11 AMENDED) (THIRD RESUBMITTAL) TENTATIVE PLAT #1587-C July 5, 2002 Page two 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc. caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the Issuance of a building permit. S. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, o,hn H. Jackso P. E. Chairman, Plat and Street Committee JHJ/UH/rjf Enclosure: Contact Sheet c: John Hall Vicky Garcia -Toledo Ludovici & Orange Consulting Engineers, Inc. 200 S. Biscayne Blvd. 329 Palermo Ave. Suite 2500 Coral Gables, FL 33134 Miami, FL 33131 Plat and Street Committee Members bc: Surveys Civil Engineering Central Copy of BMS SUBDIVISION (EDGEWATER BLOCK 11 AMENDED 03 210 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS NOVEMBER 25, 2002 REPORT OF PROPOSED RECORD PLAT OF BMS SUBDIVISION LOCATED ALONG THE SOUTH SIDE OF NE 24 STREET BETWEEN NE 2 COURT AND BISCAYNE BOULEVARD The accompanying Plat entitled BMS SUBDIVISION was prepared by Ludovici and Orange Consulting Engineers, Inc. it is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: (1) The property platted is a replat of the property described in the attached Legal Description. The area platted consists of seven (7) lots containing approximately 42,744 square feet (0.98 t of an acre). it is zoned C-1. (2) The location of the streets and their widths conform to the standards of the Department of Public Works of the City of Miami, Florida. (3) As certified to by Arturo A. Sosa, Registered Surveyor and Mapper, this Plat complies with the plat filing laws of the State of Florida. (4) The Certificate of Title Examination dated /�P.�rGI�� �,2l�d,Z signed by Attorney, indicates that the fee simple title to the property platted is correctly vested in BMS OMNI LLC, a Florida limited liability company, and that the Plat has been correctly executed. (5) The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of the 10 -foot wide alley lying adjacent to Lots 3, 4, 5, 6, 7, 8, 9 and 10 of Block 10 of "EDGEWATER", plat Book 2 at Page 31. This action was confirmed by City Commission Resolution No. 01-1237. CAMyDirectory\BMS SUBDIVISION-A.doc 63— 210 (6) The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedications. (7) In accordance with the requirements of Chapters 54 and 55 of the Code of the City of Miami, Florida, a Letter of Credit, No. S1365291, in the amount of $37,871.00 was executed by Hemisphere National Bank, and it is now held by Union Planters Bank under Letter of Credit No. L026342. The Letter of Credit will accompany the Agreement between the City of Miami, Florida and the aforementioned owner to guarantee the following: CONSTRUCT APPROXIMATELY 800 SQUARE FEET OF 4 -INCH CONCRETE SIDEWALK, INCLUDING HANDICAP RAMPS CONSTRUCT APPROXIMATELY 1,238 SQUARE FEET OF 6 -INCH CONCRETE SIDEWALK PROVIDE AND INSTALL 4,078 SQUARE FEET OF SOLID SOD, INCLUDING SOIL AND TOP DRESSING PROVIDE AND INSTALL FIVE (5) SANITARY LATERALS REMOVE APPROXIMATELY 195 LINEAR FEET OF EXISTING CONCRETE CURB REMOVE APPROXIMATELY 435 LINEAR FEET OF EXISTING CONCRETE CURB AND GUTTER REMOVE APPROXIMATELY 770 SQUARE FEET OF EXISTING CONCRETE SIDEWALK CONSTRUCT APPROXIMATELY 195 LINEAR FEET OF 6 -INCH CONCRETE CURB AS PER F.D.O.T. TRANSPORTATION, ROADWAY & TRAFFIC DESIGN STANDARDS CONSTRUCT APPROXIMATELY 435 LINEAR FEET OF 6 -INCH CONCRETE CURB AND GUTTER (8) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. - - � � ;_.e_ -., �-/' �G Frank R. Mc aho Jr .S.M City Surveyor 03- 210 CAMyDirectory\BMS SUBDIVISION-A.doc Legal Description Lots 3, 4, 5 and 6, less the East 15 feet thereof, and Lots 7, 8, 9 and 10, Block 10, "EDGEWATER", according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Miami -Dade County, Florida; and that 10 -foot wide alley lying adjacent to said Lots 3, 4, 5 and 6, less the East 15 feet thereof, and said Lots 7, 8, 9 and 10, Block 10, "EDGEWATER", according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Miami - Dade County, Florida. C':\MvDircclorNAINIS SUBDIVISION-A.doc 03- 3J'"' 210 BMS 4n BDIVISION A replat of Lots 3, 4; 5, and 6, less the East -15 feet thereof, and Lots 7 8 0 and 1 �� 0, all in Bloch I 'i of "EDGEWATER", as recorded in Plat Book 2 at Page 31 of the Public Records of Mia mi- - Miami -Dade i Dade County, Florida,and the "10 foot alley between lots 3, 4, 51 6, 7, 8, J, and -10 of Block ~1.1 of "EDGEWATER" as recorded-� in Plat I�oo�t 2 at Page, 31 Of the Public Records of Miami -Dade County, Florida. Said lands lying in Section 30 Township 53 South, Range 42 Ea st, City of Miami, Miarni-Dade County, Florida. KNOW AL. Y Ilfl-,,K EffSENT 0 That BMS OMNI LLC, a Florida limited liability conv!;1ny,authorized to 'Io business in the State of Florida, has caused to be made this plat entitled "BMS SUBDIVISION", the same being a replat of the following described property: Lots 3, 4, 5, and 6, less the East 15 feet thereof, and Lots 7, 8, 9 and 10, all in Block 11 of "EDGEWATER", as recorded in Plat Book 2 at Page 31 of the Public Records of Mlami-Dade County, Florida, AND The 10 foot alley between lots 3, 4, 5, 6, 1, 8,'J, and IJof'E31oek 1 1 of "EDGE`VATER" as recorded in Plat Book 2 at Page 31 of the Public Records of Miarni-Dade County,'Florida, more particularly described as folly : COMMENCE at the i'lui thwest Corner of Block 11; 'Thence S89 0513'53"E a distance of 115.00 feet to the POIN'i- OF BEGINNING; thence 300101'49"E, a distance of 200.00 feet to the POINT OF TERMINATION of the described centerline. Said lands lying in S:ctifan 30, 'Township 53 Soutar, Range 42 East, City of Miami, Mlami-Dade County, Florida. An expressed purpose of this Plat is to close, vacate, abandon and discontinue from use that portion of the 10 foot alley lying between and adjacent to Lots 3-6 and 7-10,Block 11, as shown on the plat of "EDGEWATER", according to the Plat thereof, as recorded in Plat Book: 2 Page: 31 of the Public Records of Miami -Dade County, Florida, Ilmi ted liabilitj company auiltarized to do bus iftees in the State of F(orfda,has cciused Riese presents fO be signer! for- and on its behalf by Victor Brown, IN WITNESS WIlFir_6"Or_� Ri?oident, and it -3 COM[Xily seal to bea%xed berrxto, SMS OMNI LLC, o Flerftlo this _� day of _��%sY� , 2002. WITNESSES: BMS OMNI LLC A rLdRIVA LIN11'rEU LIABILITY COMPANY P. D Print Name :%VICTOR BROWN, PRESIVENJ_ J'� SSI SSE fV Print Name ACKNOWLEDGEMENT:• STATE OF FLORIDA a Florida limited liability company COUNTY OF MiAMI-DADE I hereby certify that on this day personally appeared ;efore me, an offic6r duly uthorized to administer oaths and take acknowledgments, Victor Brown, President of BMS OMNI LLC, who is personally known to me and who executed the foregoing instrument and who -j for the purposes therein expressed and who did not take an oath. acknowledgW tfte execution there of to be his five aui and cued as such officer Witness lily hand and official seal this day oftob�� , A.D., 2002. My commission expires: //s d o� Commission number: C C 1 Notary Public State of Florida: a Ezzze JX Signature of Acknowledger koe r-irt Le_C-�J IV,. �J e) N E s Printed iVame of Acknowledger OfFICIn N_Ur Y S KATHLEEN KJONFS NOTARY VU13LIC STATE OF FLORIDA COMMMION NO. CU 5543 MYCOMMIS5IO FXP. NOV.-,020(13 NOTICE: THIS PLAT AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCE BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHICOR DIGITAL FORM OF -THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLA -T THA -T MAY BE FOUND IN THE PUBLIC RECORDS OF THiS COUNTY. 032LUDOVICI & ORANGE CON:iULTING ENGINEERS INC. 9 PALERMO AVE. CORAL GAfiLES, FLORIDA 33134 PHONE: (305) 448-1800, FAX; (305) 446-3876 PROJECT NO.: 2001 18 MARCH, 2002 N. E. 25th STREET CJ SUBDIV/SP. .2P .3) aEDGIE A'E" 2 P . 3 ) V - W 1 1 10 9 4 3 2 1 5 5 4 3 2 W N. E. 24th S"TRFFT Q C: N Ill Z z N.E. --- 23rd STREET r� 8 7 6 5 Z (P. 3 1PG 31) U 9 4 W U0 10 3 Z m 11 2 12 1 N. E. 22nd STREET LOCATION MAP SCALE=1 "=200' MORM�• KNOW ALL MEN BY THESE PRESENTS: That UNiON PLANTERS BANK, NA,a Banking Corporation, the owner and holder of that certain Mortgage Agreement dated QW)ESIE 1K -L_, 2002, and recorded 0aj&be&S� , 2002 in Official Records Book a0 7 o_&-_ at Page , of the Public Records of Miami -Dade County, Florida, does hereby consent to this plat and joinsin the foregoing dedications. 2 WITNESS I fSenior The said UNION PLANTERS BANK, a Banking Corporation, has caused these presents to be signed for and in its behalf by its Vice -President and its corporate seal to be hereunto affixed and attested by its CVice-President this � day of ()C rV lc g_ A.D. 2002, A55i6fant UNION PLANTERS BANK a Banking Corporation. Attest:�- By: Print Name: 2fcede5 (10 f 00 Print Name: MICHAEL J. LEONARD_ and Title,,,! ce President and Title: Sr. Vice -President. ACKNO.fYLMU s�NTar,t STATE OF FLORIDA COUNTY OF MIAMI-DADE ss: J I HEREBY CERTIFY: That on this day personally appeared before me, fi officer duly authorized to administer oaths and take acknowledgments Michael?, and 1%4o6��Sr. Vice -President and Vice -President, respectively, of UNiON PLANTERS BANK, a Banking Corporation, who are personally known to me Assisfont and who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed as such officers for the purposes therein expressed and who did not take an oath. WITNE �. My Thrid and officlaj seal this day of Oe- . , 2002. (Signature of Person Taking Acknowledgment) Al Ea m"i r, Ai.. Printed Name of Acknowledger: eNid- /r9 [', �%� /rfs. r Notary Public, State of Florida Serial Number: 0- e _$ 3 4 / � � My Commission Expires: ao - / °-a e4 '.5 M ,}yI My Commission CC8141 Et8 }/ Expires June 19, 2003 PGO Sheet -1 of 2 Sheets AIG LVAa Oozy -BAT MiS&ZjVLj,5. That the use of septic tanks will riot be permitted within this subdivision, unless approved for temporary use, in accordance with County arid/or State regulations. That individual wells shall riot be permitted within this subdivision except for swimming pools, sprinkler systems, and/or air conditioners. Boulevard Cqurt That the Avenue,, and Street as shown on the attached plat, together with all existing and future planting, trees, shrubbery, and fire hydrants thereon are hereby dedicated to the perpetual use of the public for proper purposes reserving to the dedicators, their successors or assigns the reversion thereof, whenever disc clued by law. or reversions that all new electric and coinniunicittion lines, except transmission lines within this subdivision shall be installed underground. 'r 'This is to certify that this Plat appears to conform to all the requirements of Chapter 28 of the Mianii-Dade County Code. Certified this day of A.D., 200 By: lD4metr o - Miami -Dade County, 0,opartrnent of Public Works. VE A"# _ QVX.S.' This Plat will not result in a reduction in the level of services for the affected public facilities below the level of services provided in the municipality's comprehensive plan; therefore, it was approved and the foregoing dedications were accepted and approved by Resolution No. passed and adopted by the City Commission of the City of Miami, Florida, this day of 200,_.._ Signed: City Manager Attest: City Clerk This is to certify that this plat appears to conform to all the requirements of Chapter 55 of the City of Miami Code and Chapter 28 of the Miarni-Dade County Code. Certified this day of A.D., 200• . City of Miami Department of Public Works By: Director I have reviewed this Plat for conformity to Chapter 177 of the Florida Statutes, as amended. F City of Miami Department of Public Works By: .,�,�� Frank Ray Mc a on, Jr Professional Surveyor and Mapper 45009 State of Florida I HEREBY CERTIFY: That this plat entitled "BMS SUBDIVISION" is a true and correct representation of the lands as recently surveyed and platted under my direction. Also that the permanent reference monuments were in place on the 19th day of May, 2001 arid that the permanent control points will be set in accordance with Part I, Chapter 177, Laws of the State of Florida, and that the survey data shown hereon is in compliance with the applicable requirements of Chapter 177, Part 1, of the Florida Statutes. LUDOVICI & ORANGE CONSULTING ENGINEERS, INC. 329 PALERMO AVENUE CORAL GABLES, FLORIDA 33134 By: sa " Arturo A. So Registered Surveyor and Mapper No. 2629'. ' State of Florida. .r MMAQ ST UffAk Filed for record this day of A.D., 200_y at M., in Book of Plats, at Page of the Public Records of Miami -Dade County, Florida. This Plat complies with the Laws of the State of Florida and Miami -Dade County, Florida. HARVEY RUVIN CLERK OF THE CIRCUIT COUR,f Deputy Clerk ruva .n " .:. r. , v .y!.,,. ..e a_i'-.. - :7 .#:. ..�i.', --;'l J r ,.1,.: . r.& .F'"<ifa-.�. Sr _ , a ML a. A replat of Lots 3, 4, 5, and 6, less the East 15 feet thereof, and Lots 7, 89 0 and 10, all in Block -I -I of the 1`31at of "EDGEWATER", as recorded in Plat Book 2 at Page 31 of the Public Records of Miami -Dade County, Florida,and the 10 foot alley between lots 3, 4, 59 6, 7, 8, J, and 10 of Bloch 11 of "EDGEWATER" as recorded in Plat Book 2 at [ age 31 of the PUblic, Records of Miami -Dade County, Florida. Said lands lying in Section 30, Township 53 South, Range 42 East, City of Miarfli, Miarni-Dade County, Florida. LUDOVICI & ORANGE CONSULTING ENGINEERS INC. 329 PALERMO AVE. CORAL GABLES, FLORIDA 33134 PHONE: (305) 448-1600, FAX: (305) 446-3876 PROJECT NO.: 2001 18 MARCH, 2002 GRAPIIIC SCALE 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. 12 5.00'- • �� �� I A I 8 I 6 i ! 4 II II 2-_ --- �-_ 5 I 450.00' 50.00 Q;* I 2 I I a ,• I I 15 I cl rY CITY MONUMENT-\, N.E. �`� �� STREE-r MONUMENT--� I o -1�y err 7 Ln �.. - N N89°58'53"W 225.10'-' 74.96' SCA o N89 58 53 W 300.06 ui 25.02' N 24.98' I N - I -- N � QQ' N69°58'53"W 215.06' �- - lI 10 II89.98' --- 75.08' 5.00' R=25.00' R=25.00' 25.02'- L=39.29' L=39.25� 24.98' D=89057'04" D=90002'56" 5,6'16 S.F. Q 7 -- -6 RNDEDICATED o RV DEDICATED Gj 0) BYTHIS PLAT BY THIS PLA (134.39 S.F.) (133.86 S.F.) --- I N89 58 53 W 115.00 5 - 50.00' ( 50.Q0' -_. - I_. 00' - - _ 0 9,872 S.F. o © o ;� i ' I a 5150 S.F. o z 11 _ N I { 1 O L[) '� 9,872 sg, f t. O CV �`'� 5 C) U) 0,23 acres o I I L...J I I �-t a. /, RN O N �� LU t r I Uj o N N89°58'53"W 115.00' N89°58'53"W 100.06' - - - - - - r ISN z I • W o 3 r I W o Z I� 5S.F. Lr)503 S.F. CLI � 9 �- in D 0 F- 0 r i O � I M of N89°58'53"W 115.00' N89°58'53"W 100.06' `r' - to 1- 0 n? I � Q � _ �I C \1 �, 0 1 - I W _ �' I I Q 5 750 S.F. 5 003 S.F. o f z I 10 I, I 3 "' o� � Z �. I 10 1 15.00' - 100.06-' r TL N89"58'53"W 215.06' ALLEY o II o ALLEY - - - F_ F I C0 35.00' _ 35.00' N.W. CORNER I `✓ �� I 1 S. W. 1/a, S.W.'/a oo I I W SEC, 30-53-42I I I I Q'` 50.00 -- 50.00' C .n � -- Q 12 1 1 100 2 2 I 1 1 I ( 12 I 1 1 I 2 I 1 W o >r I to I I I I �I I cQn zL- -� ______.-T�-��--____-� I _CITY L __ L----L___---L MONUMENT - W■I I o LO o LO CITY Ui cli - ti10NUMEN f _ r + � N89°59'51 "W 300.06' r r L6r r M r r r ----- _. TJ89°591-1" 300.06' - - - - - -1------__- - _ Gf------- N89°59'51 "W 291,2Ge ' • - GQ i Q Q I N.E. 23rd STREET Q 6(1i L0c I, � 1 I� _-50.00' -_I !- - 50.001 _ '',• 6 r RACT "A I 5.00'- -I-ERFIANOVA BISCAYNE 9 7 (P.B. 150 PG. 14) 5 N()-FlrF' i� Y Pc. Sheet 2 of 2 Sheets THIS PLAT AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCE BE SUPPLAN'rED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RES,rRIC"TIONS THAT ARE NOT RECORDED ON THIS PLA*F ,THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. F_ AND f'F.- Bearing3 are based on the centerfine of N.E. 2nd Court (S00'01'491E) as per Record Flat WYNIF000 IUIYER FEFLAT" Plat Book 156, Page 12. ® City Afonument CIO) P/?Af (Pernianent Reference Atonument) I A?onulnent Lille Center Line HY P'oint of Intersection P.O Flat 8001( PG. Paye 5.F. Square Feet R Rridius L Length of curve D Uelta P A Right -of fty PCP Pennvnent Control Point Arf I ING ,.STAlE"MOT.• Filed for record this day of A.D., 2002, at M., in Book - of Plats, at Paye of the Public Records of Miami -Dade County, Florida, This Plat complies with the Laws of the State of Florida and Miami -Dade County, Florida. By: HARVEY RUVIN CLERK OF THE CIRCUIT COURT eputy Clerk 2003 JUL 28 AM 11: PRISCILLA A. THOMPS� N This instrument prepared by CITY OF MIAMI. FL and when recorded return to: A. Vicky Garcia -Toledo, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131-2336 212 5_PG2629 ?1,103 APR 29 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS The undersigned, as Ownerof the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described as: Lots 3 and 4, less East 15 feet thereof, and Lots 9 and 10, Block 11 of Edgewater, according to the Plat thereof, as recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida -AND- Lots 5, 6, less the East 15 feet thereof, and Lots 7 and 8, Block 11 of Edgewater according to the Plat thereof, as recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida. Street Address: 2322, 2332, 2336, 2344 Biscayne Boulevard and 2323, 2329, 2347 N.E. 2nd Court IN ORDER TO ASSURE the City of Miami that the representations made to them by the Owner will be abided by the Owner, its successors or assigns freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) That this Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida and is conditioned upon the approval by the City of Miami Commission, of the final plat entitled "BMS Subdivision," expiration of all applicable appeal periods and its recordation in the Public Records of Miami -Dade County, Florida; \73247\16298\#538844 v2 03/11/03 c ij3- zio 21205PG2630 (2) That the Property shall be developed in accordance with those certain,' plans on file prepared by Blitstein Design Associates signed and sealed on November 6, 2001, and made part of this Declaration by reference subject to any changes required by construction permitting approval. (3) If for any reason the Project is not built (the "Project') in accordance with the plans as referenced in (2) above, the Owner will submit new plans to the City Commission for review and approval. (4) Covenant Running with the Land. This Declaration on the part of the Owners shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owners, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future Owner of the real property and for the public welfare. Once Project built, declaration should be released. (5) Modification. Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then Owner of the Property provided that the same is also approved by the City of Miami, Florida, after public hearing at the expenses of Owner. (6) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of their attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. \73247\16298\#538844 Q 03/11/03 -2- o)3— 210 21205PG2631 (7) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (8) Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions which shall remain in full force and effect. (9) Recording. This Declaration shall be filed of record in the public records of Miami -Dade County, Florida at the cost of the Owner following the acceptance by the City of Miami. Signed, witnessed, executed and acknowledged this ('o day of Fi54 J , 2003. Ownee PMS liability q6mpi 0 STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE , LLC, a Florida limited President The foregoing instrument was acknowledged before me this day of 2003 by Victor Brown as President of BMS Omni. LLC. a Florida limited liability comp ny, on behalf of the company, who is personally known to me or produced a valid drivers license as identification. M yg�C' KATHLEEN K J(= NOTARY PUBLIC STATE of FLOR>DA COMM!( SIONf "o, CC885545 MY Cowv i ',)V. 30.2003 C - Notary Public Sign Name: Print Name: Signed, witnessed, executed and acknowledged this & day of Y`�O , 2003. \73247\16298\#538844 v2 03/11/03 -3- 03- 2iO '1205PG2632 OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, FLORIDA, in compliance with Section 55-8 of the Miami City Code, and as an inducement for acceptance of a proposed final subdivision plat ("Plat') covering the real property hereinafter described and acceptance of the proposed Declaration ofRestrictions, it is hereby certified that I have examined Chicago Title Insurance Company Reports to Agents on Status of Title bearing Agent's file numbers 17014-0004, 17014-0005 and 17014-0006 and Attorneys' Title Insurance Fund Automated Title Information Data System title information ("Title Evidence") covering the period from the BEGINNING through February7, 2003 at 11:00 P.M., inclusive, of the following described real property (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO Basing our opinion solely on said Title Evidence covering said period, we are of the opinion that on the last mentioned date in the Title Evidence, fee simple title to the Property is vested in BMS OMNI, LLC, a Florida limited liability company (the "Owner"). Subject to the following encumbrances, liens and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the calendar year 2003 and subsequent years. 2. Rights of persons who are in possession other than the above Owner. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 6. Florida Real Estate Mortgage, Assignment of Leases and Rents and Security Agreement dated as of October 1, 2002 by BMS Omni, LLC, a Florida limited liability company and Union Planters Bank, N.A. (the "Bank'), recorded October 5, 2002 in Official Records Book 20703, Page 1971, Public Records of Miami -Dade County, Florida. ( INFORMATIONAL PURPOSES ONLY: UCC -1 Financing Statement recorded October 5, 2002 in Official Records Book 20703, Page 1922, Public Records of Miami -Dade County, Florida.) FTLDOCS 5074010.1 TAC 03- 210 .',E:_ R. 4?.1205PG2633 7. All matters as shown on the PLAT OF EDGEWATER, recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida. 8. Rights of the Public in and to the use of the Alley (the "Alley") as dedicated and shown on Plat recorded in Plat Book 2, Page 31, Public Records of Miami -Dade County, Florida and which is legally described on Exhibit `B" attached hereto and made a part hereof. FACTS It is our understanding that the Owner is platting the Property and the Alley and such platted Property and the Alley will be known as "BMS SUBDIVISION". We have been advised that the Alley has been vacated pursuant to Resolution No. 01-1237 dated November 15, 2001, a copy of which is attached hereto as Exhibit "C" and made a part hereof (the "Resolution"). We also understand that the vacation of the Alley, as adopted by the Resolution, is effective for a period of three (3) years, during which time the final Plat must be recorded in the Public Records of Miami - Dade County, Florida. It is our further understanding that the City of Miami has requested an updated Opinion as to the ultimate ownership of the Property and Alley for approval of the final Plat. DISCUSSION Upon recordation of the Plat, fee title to the Alley, will belong to Owner. OPINION Based on the presumption that the Alley was properly vacated pursuant to the Resolution and that the final Plat is recorded in the Public Records of Miami -Dade County, Florida within three (3) years of the date of the Resolution, it is our opinion that by virtue of the Title Evidence and Section 177.085, Florida Statutes, the Alley will become the property of the Owner to the centerline on each side. Additionally, it is our opinion that the following parties must join in the platting of the Property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the Property, the subdivision thereof to be know as "BMS SUBDIVISION". Name Interest BMS Omni, LLC Fee Simple Union Planters Bank, N.A. Mortgagee FTLDOCS 5074010.1 TAC Special Exception Number N/A 0 03- 210 21205PG2634 I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida, and am a member in good standing of The -Florida Bar. Respectfully submitted, this 31" day of March, 2003. SHUT�BOWEN Donna E. Miller, Florida Bar No.7 200 East Broward Boulevard Suite 2000 Fort Lauderdale, FL 33301 SWORN TO AND SUBSCRIBED before me this 31"dao March, 2003 a E. Miller, Esq. Notary Public My Commission Expires: :' ► �* MYCOWAMMM081492 EXPIRES: November 18, zoos e„ eo„ tom„ r e«wM FTLDOCS 5074010.1 TAC il3 - 210 21205PG2635 EXHIBIT "A„ LEGAL DESCRIPTION Lots 3, 4, 5 and 6, less the East 15 feet thereof, and Lots 7, 8, 9 and 10, all in Block 11, of "EDGEWATER", as recorded in Plat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida. FTLDOCS 5074010.1 TAC 03- 210 21205PG2636 EXHIBIT `B" LEGAL DESCRIPTION OF ALLEY Ten foot (10') alley lying between Lots 3, 4, 5, 6, 7, 8, 9 and 10 of Block 11, of "EDGEWATER", as recorded in Plat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida, more particularly described as follows: COMMENCE at the Northwest Corner of Block 11; Thence S89°58'53"E a distance of 115.00 feet POINT OF BEGINNING; thence S00°01 '49"E, a distance of 200.00 feet to the POINT OF TERMINATION of the desired centerline. Said lands lying in Section 30, Township 53 South, Range 42 East, City of Miami, Miami -Dade County, Florida. FTLDOCS 5074010.1 TAC 03- 210 TEC. M. ,21205PG2637 EXHIBIT "C„ RESOLUTION FTLDOCS 5074010.1 TAC iJ3- 210 07/02/02 10:19 FA3 J0000kNd.t_4--- J . -02! 02 (TUE) 10.48 B11, '� SUMBEI ET. AL P. M/005 DEC-i6-2Mi 13:25 C tGLgRRKS ❑FFICE MS 2SB 1610 P.04 J_01-939 id/Z 6/01 - --- - --- RESOLUTION No. A PMOZ1 ',I'I'ON OF THE MIAM CITY Camr.=SSIOXI WIMX2 Arm• cm= (S) , CLOSSZJ'C, VACATING, N ,ABA=0=5 Am DISC0WTXNUI% YQ Pop. PUBLIC USE -- THAT PMIZCW OF A PUBLIC RIGET-OF-WAY, SET 13 N TAE PORTION OF AN .A.LLEY 'PARALLEL AM J3=WMW O HrSrA :80MEVARD A= WORMAST 2"' COURT, Ln 200 LINEAA PUT so= or XORMrx"AST 24� -0 9TIUMT, MIAMI, FLORIDA. AS LE(3AL7�`1 17E9CR.S 7D IN ATTA=n "EX.=IT A."CYN N W 00 AAs, . the miami Zoning Boazd at its meeting of October 1, 2001., Item. No, 21 duly adopted F.e:scl,ution No. Z8 2001-D472 by a six to thee' (6-3). vote, RECOMME=TNG APPROVAL of closing, vacating, abaMdoni:Jg, =d disco:�ti.+zuizg a portion at the public right -=!-way 'as set forth herQi:z; and - i�"r.�BEAS, the Department of -Public Warks ao,d. the Flat and street Cnrmittee have studiati the subject vecatica and close and determined that it will not affaat pedestrian or va+�,cuZar braffic Ci=c Iatioa or access for public servize r and W. -MR A.9 , . the -Plat and. Street CO=itt e s has rev-, awed the subject tentative plat =4 determined that all techtlical requiremattts have been met, end vacation Of the sabj ect right-of-way would benefit the geaeral public) and -A T T A C 9 M IN 5 ?DD1 r . PAGE W RXAT 7IB200211:12:17 AM (:astern Daylight Time) ° SUP„115 * DNIS;1919 ` CSID;3066693224 , DURATION (mm•ss);01.34 ”- 210 U71U2/UZ lU:la t'Ad JUDUUao_c4 -•-�--•---- JUII 0 1TUE) 10;48 BI' -'N, SUMBER, ET, AL P. 003/005 JAG �{a-�DDi 13:x'7 ? CLERKS OFFICE 3es e5e Isle P. as y7 Funs, the City epmmisai= finds V -hat it �p in the best - -- interest—o—tMe—�ernara-I—weJ para—nf he__rity--of Miami and its __- inh it=t® 'to gwant the VaLvati= and cloeure of a pcxta.a 3 of the public ra.ght-af-gray, and deemV it advi.Sable to dry so; N L NOW, THE"FORB, HS .I'Z RvSOL't 9D 11i' CO !S6 SON OF TSE i7 C.7 CITY OF MIAMI, ? OP—rMl' N C'► W t,0 Section. 1. The recitals and iindiss99 oo;�ta�nad i� the Preamble to this ReBplutic):1 arB adopted by refaxe=rZ and inccrpnrated as if fully set forth in, t lin Hadi=, Section 2.A -portion cf public right-of-way, bs i;a an alley Pa A11. to amd between. Bi,scame Boulevard and Northeast Z�d lcourt, 200 linaas- yeet sriuth oZ Northeast 24r-4 Street, N�j ami. ?lcr da, as ;laga.11y described in "Exhibit A", attachftLRnd made a pat barstf, is closed, vacated, abaadaned and di°e>*o'rti,ry�a d for public use - section 3. This Rasnlution shall become. effectiva ; I immediately upon its adoption and eignaturs of tha Mayor''/, � I If Cha Mayor does oat sign th-lis &cac,ution, it shall Become ef2ectj-"" 4L the e d 01 ten cal=dar days f,om the daze it was paamed and - - ' - - ----E$o�ted"f`thE Ma�r`ve�oe5-'_�a-'Receliitidn. immsdilptely upas ovet-4,; of tho veto by the C': y CammiSs-oa. Farre 2 of 3 PAC.; 315, UWAT 7121200211,12,17 AM j .as[ m Daylight The)` SVRJ15:. DNIS;79?9: CSID:30366932,24 � DUPE, T ION (rom•ss),0134 o3- 210 _ lf7/UZ/U2 -LU: 1J rA.& ouauuo-- --- --._. JUL. -02' 02 (TUE) 10:48 BII" ', SUMBER, E7'. AL ASC -10-2901 13 27 l CLERKS oFF I CE P. 0041UD5 305 858 1510 p.08 PAsm ASD =DP=D this 1 lclay oL , ixovemjrz , :2001 ATTEST JOE -- M0,- MAYOR 11 =0rd&nce %v!.$ Sec. '21-'.75, :Ince Cho W4%,mr dict not in .home �^:�~•-� ,� N NILS IVr, - 1� �i`� ��:.ir'.:•+1 nl_..ti� ..�.....j.1:..a 1 becoir gi �ii�L1Sru� L'JJ�: MI. .:.: .�•. C� i� t�(}1 �.i u— t ��.,w.. O rgWrlinq Saim rviftut the Mayo i .," a tc Ln c� Wafter aeman, Clty Clark tV O WgLTER J. FOtbMN CI7r CZMM A'PFi?DV9D A9 TO FOAM �.NA C08Rs^CZ'l-T 89: C TY AT:ORNE 960:1'tdT 9mg Pa5a 3 of 3 ?AG_ 415: RCVD A7 7121200211,1x17 AI41(asiem Daylight Time]' SVR,i i 5 - DNIS,l979' CSID,3056693224' DUN i ION (mm-ss):01.34 ij3- 210 - '021..02 10:13 FAX 30bbUbj7:G9-- dU(. -02' 02 (TUE) ) 0:48 B1- N, ,SUMBER, ET. Al c-iD-?nisi 13= 7 CLERkS OFFICE �C�S 856 1G1Q P.07 Lots 3, 4. s, afid 6, le=ft Er !a fwttxeroof, wid Lm 7.5, 9 and 10, r 3kujr 11 of bis MsT of EDCEWAT'ER, as ivnnrdud'Iri'-'ttti Book: 2 at PM61, 31 of the Public F1atitrdt of Martt Dzda Gaunry, Fbrida. NOTES: 1. were =lbmtyardrig , howeverthis a=a;g axzwatbrif ��concir Irm dt G n t r> "r inr 05s mfwmabon. Prior lo mien czmund Tho br.�ltlipn pf �srxs�ing trii�tie has boort prafpared fnsm the moaj-reliable-init rrnEr ori aval abler Tri tt78 auNe)ror. ly Tree eimeya' wisurnes no mianslbtlftylnn tt�o .cGar=y of vtWiing LARy i tformaTbn. Va*'the i And character of a] ull i ate 6910 prior to bapinning =mtru=ton. N a. Information on eWAlfnp uIftes wag BJr m�d trmm the fa uweng soul- s! - SELL SOUTH C - - AT&T U1 - 7800 GAS � MIAMI DADS MIATER SEWsR c-) appropriwo utfliv cam,7aniess for field varrficatian. N 2. EsarnVa are balled on fila t:ef'tteri`tw of N,E, 2nd Court (5000D7'UwC-) as per F1s=rr1 Pl--d WYNWDtCD ON TOWER RGwutT PlatS=k: 156, Pw-,12. .� 3VaNgm 13. E)avafte !#froom are traced on a Cbsed im) ktop u tttp ttrlydorder pmwdura aril re ralaiiva to City of warm Eetrah Meme Dowin. 0�. of mjzrit) M84 -Ml 2 at ft Ss E. =imlw Of intefrse� tun of tom. Z3�Strm Rrld Biscayne Sculevan; 4 " d. Uniass athstwkie rmted record and measured data are in aubstnW BireamenL S. The street Rlphrl-Qi-fty 13b4ttirr8 " prapanY we pfty4kxh` nFi+n Ctrtki= ttherwisa nouad. ala S. Fend ovmersho, F any, wase ieNat WWvd by viatati ttreane aril , bt'1t iagef mmrship h= r;,% been clWami,rtae. 7. Set Iran Pipe dr Pin with =p 01012 (1 S' in ft1h by 04 tgvam Irld�as, tnk1hum) of ZU =rtwrs unless aft utas noted, 8, Not valid rvitW the zigrt8,t m acid tN original ralzad Baal of A Flarida ik &-owd ztmreyar and nuq�pgt - a)a 9, Ati exprimand putpcsa of thin plat IS tQ clan, tLhartdon, Arid w=to that port h of it y D fart' and a rt is Lets 3.6 and 7-10 Si=k 11, cis sheavn on the Prat of "BDGE'WATER a j �Y �V to tri Mareai, as rg=,4rdad n Pial 9 x1 2 Agger 31 of ft Atjiiic Rexrdl of Mkwi?- a Counly� the P{ai 10: OWNERS/.SUIBA1ViDrRS: RECORDERS NATE: The legibility of writing, typing or s ting unsatis- fWary in this document when received. ;k 1 I. SURVSy0R: WIL! iAM I? BIC AM -Iii . HOR M TaRCI, �uSi-Sa (A8 TO L.aTS 1ty (A5 TO LOTS- 8 7,,.8) 141 NW 1-nd AVENUE SURE 300' 8721 sW aft MAUI, FL 33192 MIAMI, i=L, GAIL H. BIF0KHAM-FQEPZ-MA BARBARA R, SLICK. , (AS TO LOTS,4; (AS TO LOTS 4, .S"v 1 Aj SWD PINEMEL DRNE 231 PEACHTREE BATTLE AtqJI1E, N- M AMI SSACM, FL ATLANTA, GEOR131A LUDOVICI & ORANGE GOfil9MT19G ENMNSERS, tNC. :29 PAI -ERM AVENUE CORAL GA.SLas, RARiDA $3134 TEL: $05.448-184D 12. NUMBER OF t;tm, 7 19. WATER AND SEWER SERVICES: MIAi I-DADE WA't'i"R i►NM SEWER DSPARTMFW 14. PR5S6N7ZOIVI?4G CLASSIPMA-17ON: C-1 (RESTRICTED COMMERCIAL) WiTH SD -20 (ErOGL-WWATER OVEMAY DISTRICT), ACCORDING TO Cr'rY OF kitAl.{I ZONING andtfva cE t S.1 00 (AS AMENDED) 1S. FLOOD ZONE., X AND A� PA S. 1 -.. - _ - ._ -' B• BASE F1DOA ELEVATION: 8.0 17. DADE CCUMfY FW0D GRJT—AIA: &0 111. PLAT EMUNPARY AFEA. .54 AC�4)ra' ;t (EXGLLM)NG ALLEr 19, All ENCUMBRANCES L47ED IN THE TT7-Z SEARCH REPORT PREPARBD BY ATTQJ9 =ri TITLE 1NgURANCE FUN1A, lNG. DATE iZ2-7S-LD1, HAV-= EEFzN AS'PfCTi✓D HFF 'ON, I ;)q 3 7 , r" ThF hulldin❑ sheoas 4901='Scf h 'rP..:,i7 RrA h177K6,n anoQ1'.'PM=e 6 rrrial -,Tk- -��- lineem 7�Ne� ag, C:DAWCOWTV, q.ORM PkG.�(a RC �i1(11260211,12;1iAii asiernGaliigitiiim-j'�1',,.11� Df,I�J9?9 ��I�;30�o6t32�;°nUPL4iIGN(ntmssj;013; �unHArRvi ccE.w cincuw coemr 1:13— 210 CITY OF MIAMI, FLORIDA2 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: FEB 2 0 2003 FILE: of the C' y Commis o SUBJECT: BMS SUBDIVISION: Resolution Accepting � !`� Proposed Record Plat FROM: ! \ REFERENCES: 1ocated along the South Joe Arriola side of NE 24 St. between Chief Administrator/City Manager ENCLOSURES:NE 2 Ct . & Biscayne Blvd. :J RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat BMS SUBDIVISION and approving recording the same in the Public Records of Miami -Dade County, Florida. BACKGROUND: The Department of Public Works has reviewed this plat, and it has determined that it is now in order for acceptance by the City Commission. The specific intent of this Plat is to create seven (7) lots for the construction of a mini storage warehouse with retail stores on the ground floor along Biscayne Boulevard. The proposed record plat entitled BMS SUBDIVISION is a replat of the property described in the attached Legal Description. The area platted consists of seven (7) lots containing approximately 42,744 square feet (0.98± of an acre). It is zoned C-1. Also attached are the following documents necessary for the City Commission to consider in making their decision: 1. Resolution accepting the Plat 2. Engineering Report 3. Plat and Street Letter 4. Print of Proposed Record Plat FISCAL IMPACT: NONE D3 JA/VMA/AAD ti c: Albert A. Dominguez, Acting Director, Public Works Department C:1MyDirectory\BMS SUBDIVISION.doc 03- 210 Budgetary Impact Analysis 1. DepartmentS-//Z Y46& Division 2. Agenda Item # (if available) 3. Title and brief des r' tion of legislation or attach ordinance/resolution: 4. Is this item related to revenue? NO: YES (If yes, skip to item #7.) 5. Are there sufficient funds in Line Item? YES: Index Code Minor Obj. Code Amount NO: _ Complete the following questions: RN Source of funds: Amount budgeted in the Line Item $ Balance in Line Item $ Amount needed in the Line Item $ Q„fR,-;ant fi,n.ic wall he trancferrP.rl frnm the fnllnwinu line items - ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Index/Minor Object/Project No. From $ From $ From $ To $ 7. Any additional comments? 8. Approved by: � � r L � Z I 01- Department yDepartment Directorlbesignee Date FOR DEPARTMENT OF MANAGE NT AND BUDGET USE ONLY Verified by: Ve ed by: Transfer done by: A —�f Department of Management and Budget Budg alyst Budget Analyst Director/Designee V/ Date Date Date 03- 210 n CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Christina Morales, Administrator Wynwood/Edgewater net office FROM: / Albert A. ominguez, Acting Director Public Works Department DATE : January 8, 2003 FILE : SUBJECT: City Commission Meeting of February 27, 2003. Notice of Public Hearing for Resolution REFERENCES: accepting the proposed plat of ENCLOSURES: BMS SUBDIVISION Please find enclosed a copy of the Notice of Public Hearing for a resolution accepting the proposed plat of BMS SUBDIVISION, which is located along the South side of NE 24 Street between NE 2 Court and Biscayne Boulevard. This resolution has been rescheduled for the February 27, 2003 City Commission meeting. We request that you ensure that each of the homeowners associations within the Wynwood/Edgewater NET district receives a copy of this Notice of Public Hearing in a timely manner. Thank you in advance for your cooperation in this matter. AAD/FM/rjf c: Leonard Helmers, Professional Engineer IV, Public Works Department Frank McMahon, Senior Surveyor, Public Works Department Copy of BMS SUBDIVISION (EDGEWATER BLOCK 11 AMENDED 03- 210 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES IS REQUIRED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS AND COMMITTEES OR THE CITY COMMISSION. A COPY OF THE APPLICABLE ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. AT THE SCHEDULED MEETING OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, TO BE HELD ON FEBRUARY 27, 2003, AT 9:00 A.M., AT THE MANUEL ARTIME CENTER, 900. SW 1 STREET, MIAMI, FL 33130, THE MIAMI CITY COMMISSION WILL CONSIDER THE FOLLOWING ITEM RELATED TO THE REGULAR AGENDA: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BMS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Copies of the proposed Resolution are available for review at the Public Works Department, Survey and Land Records Section of the Construction Division, located at 444 SW 2nd Avenue, 4�' Floor, during regular working hours. Phone 305-416-1232. The Miami City Commission requests all interested parties be present or represented at this meeting and are invited to express their views. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). (City Seal) Priscilla A. Thompson (#10885) City Clerk ,3— 210 CAMyDirectory\FM-NOTICE OF PUBLIC HEARING.doc Legal Description Lots 3, 4, 5 and 6, less the East 15 feet thereof, and Lots 7, 8, 9 and 10, Block 10, "EDGEWATER", according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Miami -Dade County, Florida; and that 10 -foot wide alley lying adjacent to said Lots 3, 4, 5 and 6, less the East 15 feet thereof, and said Lots 7, 8, 9 and 10, Block 10, "EDGEWATER", according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Miami - Dade County, Florida. 03- 210 CAMyDirccIor)BMS SUBDIVISION-A.doc CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Priscilla A. Thompson DATE: January 8, 2003 FILE: City Clerk SUBJECT: Request to Publish Notice of Public Hearing FROM: � REFERENCES: Albert A. Do inguez, Acting Director ENCLOSURES: Public Works Department Please make arrangements to publish a Notice of Public Hearing for a resolution accepting the proposed plat of BMS SUBDIVISION. The Public Hearing has been scheduled for February 27, 2003. Please charge to Index Code 310201-287. APPROVED Elvi G. Alonso Agenda Coordinator AAD/FM/rjf c: Surveys Cost Analysis Central C:MyDirectory\FM-REQ TO PUBLISH NOTICE.doc 03— 210 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES IS REQUIRED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS AND COMMITTEES OR THE CITY COMMISSION. A COPY OF THE APPLICABLE ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. AT THE SCHEDULED MEETING OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, TO BE HELD ON FEBRUARY 27, 2003, AT 9:00 A.M., AT THE MANUEL ARTIME CENTER, 900 SW 1 STREET, MIAMI, FL 33130, THE MIAMI CITY COMMISSION WILL CONSIDER THE FOLLOWING ITEM RELATED TO THE REGULAR AGENDA: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BMS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Copies of the proposed Resolution are available for review at the Public Works Department, Survey and Land Records Section of the Construction Division, located at 444 SW 2nd Avenue, 4th Floor, during regular working hours. Phone 305-416-1232. The Miami City Commission requests all interested parties be present or represented at this meeting and are invited to express their views. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). (City Seal) Priscilla A. Thompson (#10885) City Clerk C:\MyDirectory\FM-NOTICE OF PUBLIC BEARING.doc 03- 210 ooBMITTED INTO'THE BMS OMNI FINAL RE -PLAT PUBLIC RECORD FOR MIAMI CITY COMMISSION, FEBRUARY 27, 200 iTEM A ON -,Z - ;Z 7-0 The ROW vacation not before us now. It already occurred, ad an alley ROW was vacated, that was never improved, encroached upon by structures, and not continuous through even its own block, having substandard space for turning maneuvers. It was therefore presumed: 1. not in common use 2. that the vacation would serve a public purpose, in this case to cure a defective layout. • This is just a very administrative unification of lots to allow the proposed development through re -plat to BMS • The re -plat unifies lots of like zoning designation, C-1 with SD -20 overlay; therefore a defective lot with split zoning is not caused. • The re -platting allows development, via covenant declaration of restrictions of plans for a structure that is an enumerated,May-,-_ V.r-'conditional use in the C-1 district. • It is also a use that is very benign with regard to impacts such as traffic, noise, lights, crime, etc. and a use that addresses all conditions required of it. • All easement and utility requirements and all other infrastructure requirements per the Department of Public Works and the Supervisor of Platting are satisfied. • Improvements regarding the streets and sidewalks, per Section 55- 12 of the Code are to be made. • From a general planning perspective, we look to see of the re -plat has any effect to nullify the intent and purpose of the overall community plan. Aside from circulation and infrastructure, that 0 ' 210 would be to ask whether the re -plat allows a lot and structure of exceptional size such that it is out of scale with the surrounding community. This it does not. This re -plat creates a single lot of 45,000 square feet. This compares quite in the middle of the range to its surrounding lots South First Evangelical Church 12,650 s.f. 2310 Biscayne 11,000 s.f. S of 23rd DC Teachers Assn 161,434 s.f. West Wynwood Towers Apts. 287,497 s.f. East across Biscayne lots range 4,750 to 7,125 s.f. North lots range from 1,100 to 12,650 s.f. • In addition, it cures the existence of deficient lots by assembling two lots that are less than 5,000 s.f. 2332 Biscayne 4,750 s.f. 2322 Biscayne 4,750 s.f. • So it serves a public purpose in removing these deficiencies, and does not reduce the effect of the overall plan, pattern of blocks and streets, or potential scale of buildings. SUBMITTED INTO THE PUBLIC RECORD FOR ITE ON a a� [0--� M 03- 210 7p