Loading...
HomeMy WebLinkAboutR-03-0883J-03-595 06/27/03 RESOLUTION NO . 03— 883 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF APPROXIMATELY SOUTHWEST 52nd COURT LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTHWEST 8th STREET AND SOUTHWEST 52nd COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of June 16, 2003, Item No. 2, duly adopted Resolution No. ZB 2003-0730 by a nine to zero (9-0) vote, RECOMMENDING APPROVAL of closing, vacating, abandoning, and discontinuing a portion of the public right-of-way as set forth herein; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical ;CITY COMMISSION MEETING OF JU1. 2 4 Nq Resolution No. 03- 883 requirements have been met, and found the vacation and closure of the subject right-of-way would benefit the general public and therefore recommended approval; and WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way as hereinafter described, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A portion of a public right-of-way, being the portion of approximately Southwest 52nd Court located at the Northwest corner of the intersection of Southwest 8th Street and Southwest 52nd Court, Miami, Florida, as legally described in attached "Exhibit A," is closed, vacated, abandoned and discontinued for public use. Page 2 of 3 03-- 883 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor'/ PASSED AND ADOPTED this 24th day of July 2003. 4%awokI047� t /ANUEL A. DIAZ, MAYOR ATTEST;-,, RISCILLA A. THOM SON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: W7354:YMT:smg 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 3 of 3 03- 883 EXHIBIT "A" LEGAL DESCRIPTION - LOT 6, BLOCK S OF "HA ZE TON PARK , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, AT PAGE 52, OF THE PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA, TOGETHER WITH.• A PORTION OF THE RIGHT-OF-WAYFOR S. W. 8tb. STREET AND S.W. 52ad COURT AS SHOWN ON THE '�A T OF HA E TON PARK , ACCORDING TO 77M PLAT THEREOFAS RECORDED DV PLAT BOOK 42,, AT PAGE 5Z, OF THE PUBLIC RECORDS OF MIAAO DADS COUNTY. FLORIDA, LYING IN 77M S. W. +, OF SEC77ON 6, TOWNSHIP 54 SOUTH, RANGE 41 EAST, ABAW-DADE COUNTY, FLORIDA, DESCRWED AS FOLLOWS: COMMENCE AT THE S. W. CORNER OFLOT 6, BLOCK S, OF SAID PLAT OF "HAZEL TON PARK- THENCE N90"00100"E, ALONG 773E SOUTX LL'VE OF SAID LOT 6, FOR 8.38 FEET TO A PONT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO 7HE NORTHWEST, SAID POINT ALSO BEING 773E P01NT OF BEGIN: �1NG OF 773EIMMINAFTE8 DESCRIBED PARCEL, THENCLeEASTEsRLYANDNORTHEASTERLY, ALONG THE BOUNDARY LINE OF SAID LOT 6 AND ALONG TI3F ARC OF SAID CURVE 7O THE LEFT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89=76 --FOR A DISTANCE OF 77.99 FEET TO ME PODVT OF TANGENCY SAID POINT ALSO BEING ON 7HB BAST LINE OFSAID LOT 6; THffiVCB SO'37,44"W ALONG 773E SOUTHERLY EXTENSION OF 771E EAST LWE OF SAID LOT 6, FOR 24.73 FEET TO A POINT OF CURVATURE OFA MCULAR CURVE CONCAVE TO THE NORTHWEST; THMVCB SOUTHWESTERLY, SOUTHERLY, SOUTWWBSTFRLY AND WESTERL Y, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89.2276 -FOR A DISTANCE OF 39.00 FEET TO 773E POINT OF TANGENCY; THE S90000'00"W, ALONG THE EASTERLYEXTENSION OF THE SOUTH LINE OF SAID LOT 6, FOR 24.72 FEET TO THE POINT OF BEGINNING. CONTAINN1NG 5(o2O +/- SOUARE FEET OR 0.12'7+/- ACRES. i- 0) .1 - _ )3"' 9?83 ITEM PZ 2 ZONING FACT SHEET Case Number: 2003-0669 16-1un-03 Item 2 Location: See Request Below. Legal: (Complete legal description on file with the Department of Hearing Boards) Applicant: Jorge E. Leon on behalf of M.E.D. of Miami, LLC 9211 Sunset Drive, #103 Miami, FL 33173 (786) 295-2798 Zoning: C-1 L_estricted Commercial Request: Official vacation and closure of a public right of way, being the portion of approximately SW 52nd Court located at the NW comer of the intersection of SW 8"' Street and SW 52nd Court. Purpose: This will allow a unified commercial development site. Recommendations: Planning & Zoning Dept.: Approval. Public Works: See supporting documentation. Plat and Street Committee: See supporting documentation. Miami -Dade County: No comments. Enforcement History, If any Case No: Last Hearing Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: N/A. Analysis: See supporting documentation. Zoning Board Resolution: ZB 2003-0730 Zoning Board: Recommended approval to City Commission. Vote: 9-0 City Commission: N/A. 03-- 883 PLAT AND STREET COMMITTEE ANALYSIS FOR CLOSURE AND VACATION OF A PORTION OF SW 52 COURT LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SW 8 STREET AND SW 52 COURT On February 6, 2003, the Plat and Street Committee reviewed the tentative plat of "Hazelton Park First Addition" and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of this roadway with respect to Miami City Code requirements and have voted unanimously in favor of this roadway vacation and closure request. 03 883 �fflj of ffliamT ALBERT A. DOMINGUEZ, P.E. Acting Director March 18, 2003 M.E.D. of Miami, LLC 9211 Sunset Drive, Suite 103 Miami, FL 331173 Dear Ladies and Gentlemen: HAZELTON PARK FIRST ADDITION NEW TENTATIVE PLAT #1618 Located at the Northwest corner of SW 8 Street and SW 52 Court JOE ARRIOLA City Manager Your tentative plat entitled HAZELTON PARK FIRST ADDITION is now being processed. As stated in our February 7, 2003 letter, State and City laws require that the owner(s) of land being platted or replatted enter into an agreement with the City to construct certain improvements. To insure that these subdivision improvements are constructed, a performance bond, letter of credit or cashier's check will be required guaranteeing the completion of these improvements within one year from the acceptance of the new plat by the City Commission. The amount of bond, letter of credit or cashier's check is based upon the estimated cost of the improvements listed below: REMOVE APPROXIMATELY 370 SQUARE FEET OF EXISTING CONCRETE $ 370.00 SIDEWALK CONSTRUCT APPROXIMATELY 70 LINEAR FEET OF 6 -INCH CONCRETE $ 700.00 CURB AND GUTTER CONSTRUCT APPROXIMATELY 265 SQUARE FEET OF 4 -INCH CONCRETE $ 795.00 SIDEWALK CONSTRUCT APPROXIMATELY 105 SQUARE FEET OF 6 -INCH CONCRETE $ 420.00 SIDEWALK CONSTRUCT 42 SQUARE YARDS OF NEW PAVEMENT (8" LIMEROCK BASE $ 546.00 AND 1n ASPHALTIC CONCRETE SURFACE) 10% CONTINGENCY $ 283.00 17% ENGINEERING AND INDIRECT COST $ 529.00 TOTAL ESTIMATED COST OF IMPROVEMENTS $3,643.00 AMOUNT OF IMPROVEMENT BOND/CASHIER'S $4,190.00 CHECK/LETTER OF CREDIT (115 percent of the cost of improvements) DEPARTMENT OF PUBLIC WORKS !`, �q4 ��� v,,e�n / Wam' Florida 33130 / (305) 416-1200 / Fax:(305) 416-2153 - 8 3 C:\MyDirectory\RESOLUTS&A2 L1� � � ' iV IV Florida 33233-0708 M.E.D. of Miami, LLC HAZELTON PARK FIRST ADDITION NEW TENTATIVE PLAT #1618 March 18, 2003 Page two You and your engineer should confer with the Department of Public Works to discuss the proposed improvements. Your engineer will be required to prepare and seal complete construction plans for these improvements. The plans must be submitted to the Department of Public Works for review and approval prior to the issuance of any permits. Reasonable time must be allocated for the proper review of the construction plans by City personnel. A reproducible mylar of the approved plans (maximum size 24" x 36") shall be submitted to the Department of Public Works prior to the Issuance of any building or construction permits on the property being platted. Construction of the subdivision improvements shall not commence until your contractor has obtained the required permits. A line & grade permit fee must be paid by your contractor if new sidewalk and/or curb and gutter is to be constructed. An excavation permit fee must be paid by you* contractor if new drainage structures are to be installed. Any construction on a state road including relocation of utility or light poles will also require a permit from the Florida Department of Transportation. Also, your surveyor will be responsible for the layout and final measurements of the subdivision improvements. A copy of the "as -built" survey shall be submitted to the Highway Section for approval prior to the release of the subdivision improvement bond. The landscaping estimate, when included, is based on full coverage of solid sod and planting of specified trees. The owner(s) will be required to guarantee the landscaping for one year after the subdivision improvements have been accepted by the Department of Public Works. Water service requirements are not included in the improvements listed above. For information concerning water mains and appurtenances, contact Miami -Dade Water & Sewer Department at 305-665-7471. When the final plat has been prepared by your surveyor, It is to be submitted to the Department of Public Works (Survey Section) for checking and processing. The following items are to accompany the linen or mylar tracing of the final plat and are to be received by our Survey section no later than six (6) weeks prior to the Commission meeting at which your plat is scheduled for City Commission approval. 1. Final plat original (inked). 2. Three (3) prints of final plat. 3. $350.00 check for platting fee. 4. Paid tax receipts for property being platted. 5. Approval letters from utility companies concerning easements and services. 6. Letter of Credit, Performance Bond or Cashier's Check for amount of subdivision .improvements. (Forms provided by Public Works). 7. Executed agreement, in triplicate, between owner(s) and City for subdivision improvements. (Forms provided by Public Works). C:\MyDimctory\RESOLUTSIHAZELTON PARK FIRST ADDITION.doc 03- 883 M.E.D. Of Miami, LLC HAZELTON PARK FIRST ADDITION NEW TENTATIVE PLAT #1618 March 18, 2003 Page three 8. A recent opinion of title, in triplicate, from an attorney. (Forms provided by Public Works.) 9. Proof that all liens on property have been paid. If you have any questions pertaining to the subdivision improvements, contact Mr. Giovanni Campodonico, Engineer I, at 305-416-1214. If you have any questions pertaining to the final plat and its submission to the City Commission for approval, contact Mr. Frank McMahon, Surveyor, at 305-416-1232. Sincerely, z Albert A. Dominguez, P. E. Chairman, Plat & Street Committee AAD/UH/rjf c: Manuel G. Vera, P.S.M. 13960 SW 147 Street Miami, FL 33175 C:\NlyD.iregtory\RESOLUTS*HA.ZELTON PARK FIRST ADDITION.doc �� .� 8 3 vrf Miami ALBERTA. DOMINGUEZ, P.E. t Acting Director """ ;0'"' ,< February 7, 2003 M.E.D. of Miami, LLC 9211 Sunset Drive, Suite 103 Miami, FL 331173 Dear Ladies and Gentlemen: HAZELTON PARK FIRST ADDITION NEW TENTATIVE PLAT #1618 Located at the Northwest corner of SW 8 Street and SW 52 Court CARLOS A. GIMENEZ City Manager The City of Miami Plat and Street Committee, at its meeting of February 6, 2003, 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. In addition to the above requirements, you should be aware of the following: in the location sketch: a. Provide a sectional/fractional legal description. b. Verify the section numbers. C. Show the City of Miami limit line. This also applies to the main sketch. 2. Provide a bearing for the monument line of SW 52 Court. 3. Provide a distance along the monument line and the centerline of each adjacent street. 4. Provide the owners address on the tentative plat. 5. Define the zoning designation and reference it as according to the City of Miami Zoning Ordinance 11000, as amended. 6. A plat approval letter from the F.D.O.T. is required at the time of final plat submittal. A copy of the final plat must be submitted to the F.D.O.T., not a copy of the tentative plat. 7. Change the statement "the express purpose...." to 'an expresse d purpose....". 8. An opinion of title as to the reversionary rights for the right-of-way to be closed and vacated will be required by the Zoning Board. The opinion of title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the right-of-way to be closed and vacated. A copy of the opinion of title must be provided to the Public Works Department. 03- 883 DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(30S)416-1200/Fax:416-2153 C:\MyDi=Wry\RESOLLTfSOAZ%WQF y:*%?UONWVA 'i, Florida 33233-0708 M.E.D. of Miami, LLC HAZELTON PARK FIRST ADDITION NEW TENTATIVE PLAT #1618 February 7, 2003 Page two 9. A sketch and legal description, with a square footage for the proposed closure, will be required by the Zoning Board. Contact Teresita Fernandez, Chief of the Hearing Boards, at 305-416-2030. Provide a copy to the Department of Public Works on 81/z"x 11- paper. 10. Label Lot 10, Block 1 of PB 21, PG 75, in the main sketch. 11. Show the square footage for the proposed lot In the main sketch. 12. Remove the chain linked fence encroachment into the alley before the time of final plat submittal. 13. State what kind of residential building is the proposed building to be and the number of units. 14. The notary acknowledgment portion of the application for tentative plat approval must be completed. 15. Be advised that current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good Standing from the Secretary of State is required, if applicable. 16. En!arge the Zoning designation in the location sketch. 17. The Plat And Street Committee has reviewed the tentative plat of 'Hazelton Park First Addition* and determined that all technical requirements contained In the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of this roadway with respect to Miami City Code requirements and have voted 4 in favor and 0 in denial of this vacation and closure request. 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. 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 owners 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. CAMyDireaory\RESOLUTSU AMTON PARK FIRST ADDMON.doc 03— 883 r M.E.D. of Miami, LLC HAZELTON PARK FIRST ADDITION NEW TENTATIVE PLAT #1618 February 7, 2003 Page three 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. 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 conceding these requirements, please refer to the attached sheet for the appropriate person `to contact. Sincerely, Albert A. Dominguez, P. E. Chairman, Plat and Street Committee AAD/UH/rjf Enclosure: Contact Sheet c: Manuel G. Vera, P.S.M. 13960 SW 147 Street Miami, FL 33175 Plat and Street Committee Members c: Surveys Civil Engineering; Central t 03- 883 PLANNING AND ZONING DEPARTMENT ANALYSIS Case No. 2003-0669 VACATION AND CLOSURE OF A PUBLIC RIGHT OF WAY, BEING THE PORTION OF SW 52nd COURT LOCATED AT THE NW CORNER OF THE INTERSECTION OF SW 8th STREET AND 52nd COURT. Pursuant to Section 55-15 (c) of the Miami City Code, the Planning and Zoning Department has reviewed the proposed right-of-way vacation to determine whether it is in the public interest, or whether the general public would benefit from the vacation of the right-of-way. The following findings have been made: • It is found that the proposed right of way to be vacated is in the NW corner of SW 52nd Court and SW 8d' Street. • It is found that the vacation of the right of way is required to coincide lot with all surrounding comer lot in the area with longstanding sidewalk and street curbs. • It is found that the proposed vacation of the right of way is therefore in the public interest. Based on these findings, the Planning and Zoning Department recommends approval of the request. 03-- 883 a If N.w zlz 2i �, N.W. Q. 235 S 1211. 2 2S6 �N:w: iD • I C •� V S 'E 'T ISM. FiLAGL•�C E ISCNOOI sl.ls� r j. 1 � : ER - a LERSTREET W. F s s s 2 , F' 1 s' 4 A se p w re 1 1 H y 20 2t 2 R � s 4 w 9 a w SZ F -$r le v T s to .� — s xx cn e s :>^ r s IMn�lo is � • 5 ' - s m 1 sz N R IS uj s is x 31 Si • p • z9 le 17 15 I 0 I• $ � 6 2B N • 27 3 IS 1/ 13 11 12 li 14 Is . •o es - r x ..3 ST. zs fo » za so se — 19 le :• ! • I I 10 9 • z• Y 2 � 3 - 16 1 T Q IS 16 I7 1 22 23 $ ao w 'n w o ,00 ®i ��®J b � I � • s r� o I I Iz 17 g � 2 N 4 e 9 10 � 10 9 e 7 6 !n 6 S ♦ 3 1 e i 1 1 W., 7Q91011129131 1010611321e HEST�,��2 GATE SmSM7{s13RACUR aq left 31 2`372NS�SST,PARKaoso231 232112IS11IS♦2Y2HO0L33273 00PRDES-23♦272 "STzxzil ..I,nsA236270 a'ayREl4RRECTIONsIr2s72Y 23e 28Bxsazcr �Wxous -1z1�aI3szz_,�'GARDEN OF THE LITTLE FLOWD 1ZWEST FLAGLAGLERIss1�4%W�1��2a�Q••!$a{nIs19 m1eQ.zN�S.W. 1 ST.Mx�33 'J•sr.SuSW.za]]61fS332'Ssnzzs•2.31 asl02zrw.sNs30 40 {IS 1617 19 19�3•� 14 S7szzxl�1ae/2azTz.r110ff�]� t2f2�5 � ,7�4f 10 n 1: 7 etoit ze1 1 SZ� PENN 0, ir v z7�sI,z1(A17Uv_II�iIS165ey3IS��'HNi4MS.W.ISa10vp13�5637 ��nIcIs20ST.AsRES3 �'119 GiLBERT acREs1 ST a•v-as12s(VH �f10.98TST. e3 Is 19 2, 22 2} 21. 22 23 2 S 26 tl 126 7 6 3 1 3 2 + W)20 I 17 le IsTERR. 3/)' 1 =51 10 it 1:s124 1?3 I.9IO 11 12 77' 6 S • } 2 19 1 17 IS 10 9 e 7 6 S {f C T S.W 9 10 i 4-L. IS167vz1 CITY L 7 M 1 T 3 t 1 N E 0 3- 883 9 10 i 4-L. IS167vz1 CITY L 7 M 1 T 3 t 1 N E 0 3- 883 CITY L 7 M 1 T 3 t 1 N E 0 3- 883 'low 06 or .40m A s = � F # s pa t E _ #o A,. 44 row gyy _a �.m Miami Zoning Board Resolution No.: 2003-0730 Monday, June 16, 2003 Mr. Angel Urquiola offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF SOUTHWEST 52ND COURT LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTHWEST 8TH STREET AND SOUTHWEST 52ND COURT, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Mr. Juvenal A. Pina, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabela Abst Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Yes Mr. Carlos Martell z Yes Mr. Juvenal A. Pine Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges William Yes AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 1 ABSENT: 0 Ms. Fernandez: Motion carries 9-0 Case No. 2003-0669 r Teresita L. Fernandez, Executive Secredry Hearing Boards Item Nbr: 20 3 - •• EXHIBIT "A" LEGAL DESCRIPTION LOT 6, BLOCK S OF "HAZELTON PARK , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, ATPAGE 52, OF TBE PUBLICRECORDS OF MIAMI DADS COUNTY. FLORIDA, 7100E7•HER WITH: A POR77ON OF THE RIGHT -0E- WAYFOR S.W. 8th. STREET AND S. W. Mud COURT AS SHOWN ON THS' --AT OF "HAZEL7VNPARK , ACCORDING TO 77IIb PLAT 77RMWFAS RECORDED W PLAT BOOK 42, AT PAGE 32, OF 77M PUBLIC RECORDS OFA&Uff DADE COUNTY, FLORIDA. LnNG JN ME S.W. +, OF SECTION 6, TOWNSH P 54 SOV`M RANGE 41 EAST. MZ4W-DAVE COMM FLORMA, DESCRIBED ASFOLLOWS: COMMENCE AT 773E S. W. CORNER OF LOT 6, BLOCK S, OF SAID PLAT OF 'HAZELTON PARK ; TRENCE N900WW'!M ALONG 773E SOVTHZXW OF SAID LOT 6, FOR 8.58 FEET 710 A POnVT OF CURVATURE OFA CIRCULAR CURVE CONCAVE TO 7M NORTHWEST, SAW POA►T ALSO BEING TEE POINT OF BEGINNING OF 77M iiEREINAF = DESCRIBED PARCEL; THENCE EASTERLY AMID NORTJWASTERLY, ALONG 77M BOUNDARY LINE OF SAID LOT 6 AND ALONG 77W ARC OF SAW CURVE 770 nMZJ T, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 8PWJ6" FnR A DISTANCE OF 77.99 FLET TO 7M PODVT OF TANGENCY SAID POINT ALSO BEIN0 ON THE EASTL M OF SAID LOT 6; TJMPA E S0037440W ALONG 770 SOV 77MRLY 'EXTENSION OF THE EAST LIVE OF SAID LOT 6, FOR 24.73 FEET TO A POD�R• OF CURVATURE OFA CIRCULAR CUR VE CONCAVE TO 7M NOJt7NWEST; 77MVCE SO Y, SOUTIMLY, SOM Y AND WESTERLY, ALONG TBE ARC OF SAID CURVE TO 773E RIGHT, HA VDVG A RADIUS OF 23.00 FEET AND A CENTRAL ANGLE OF 8-4-M76"FOR A DISTANCE OF 39.00 FEET 70 THE POINT OF TANGENCY; THENCE 590000'00"W, ALONG 77M EAS7FRLYEXTENSI0N OF TRE SOUTH LIVE OF SAW LOT 6. POR 24.72 FEET TO 7zm POINT OF BEGINNING. CONTAINN/NG �DZQ +/- SOUARE FEET OR O.lt?+/- ACRES. �. GEORGE DIAZ SOLOmON E. GRoss City of Miami Department of Public Works 444 S.W. 2"d Avenue Miami, Florida 33130 Re: Dear Sir or Madam: GEORGE DIAZg P.A. ATTORNEYS & COUNSELLORS AT LAW Sunset View Building 9211 Sunset Drive Suite 104 Miami, Florida 33173 April 24, 2002 Telephone (aoe) 279-3231 Facsimile (305) 27"117 Please accept the following as my opinion of title for the property located at the northwest corner of SW 8"' Street and SW 52nd Court, Miami, Florida 33134, more particularly described as: HAZELTON PARK FIRST ADDITION, a replat of Lot 6, Block 5, HAZELTON PARK, according to the plat thereof, as recorded in Plat Book 42, Page 52, of the Public Records of Miami -Dade County, Florida (the "Property"). This opinion of title shall address the reversionary rights for the right-of-way portion of the Property to be closed and vacated. The Florida Supreme Court has ruled that owners of lots abutting a perimeter street in a plat shall take title to the entire width of a vacated street. Caples v. Taliaferro, 197 So.861, 867 (Fla. 1940). In addition, F.S. 177.085 provides that a conveyance of lots in a subdivision abutting a right of way "shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary." Since the original plat of HAZELTON PARK (Plat Book 42, Page 52) reflects that SW 52nd Court is a perimeter street to said plat and the right-of-way portion of the Property abuts Lot 6, Block 5, HAZELTON PARK, Plat Book 42, Page 52, it is my opinion that fee simple ownership of the vacated right-of-way portion of the Property shall revert to the existing titleholder, M.E.D. of Miami, LLC. This opinion of title is provided to you in accordance with the conditions for replat approval of the Property as set forth in that certain letter dated February 7, 2003 from the Albert A. Dominguez, P.E., Chairman, Plat and Street Committee, City of Miami, Florida, to the applicant, M.E.D. of Miami, LLC. Lastly, per condition number 1-3 of Mr. Dominguez's letter, please be advised that a 68 -unit residential condominium building will be built on the following lots: Lots 6 (presently being replatted as the Property), 7,8,9,10, Block 5, HAZELTON PARK, Plat Book 42, Page 52. 03- 883 City of Miami Department of Public Works February 13, 2003 Page Two Thank you for your cooperation in this matter. Should you have any questions, please call me. Sincerely, George Diaz \gd GRANADA GRAND CONDOMINIUKOPINION OF TITLE(CfrY OF MIAIM).002 03- 883 OPINION OF TITLE To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to 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 covering the real property hereinafter described. It is hereby certified that we have examined the complete Abstract of Title completely covering the period from the beginning to May 15, 2003, inclusive, of the following described real property: Lot 6, Block 5, Hazelton Park, according to the map or plat thereof as recorded in Plat Book 42, Page(s) 52, Public Records of Miami -Dade County, Florida. Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above-described real property was vested in: M.E.D. of Miami, LLC, a Florida limited liability company Subject to the following encumbrances, liens, and other exceptions: General Exceptions: All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Fact that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. 6. Any adverse ownership claim by the State of Florida by the right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. All rights, title, and interests arising from the nature and extent of any and all riparian and littoral rights, if any, as they may relate to the subject property. Special Exceptions: 1. Restrictions, conditions, reservations, easements, and other matters contained on the plat of HAZELTON PARK Subdivision, as recorded in Plat Book 42, Page 52 of the Public Records of Miami -Dade County, Florida. 2. Agreement for Water and Sanitary Sewage Facilities recorded in Official Records Book 19561, Page 1775, of the Public Records of Miami -Dade County, Florida. Therefore, it is our opinion that the following parties must join in the platting of the above- described real 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 aforedescribed property, the subdivision thereof to be known as: Lot 6, Block 5, Hazelton Park, First Addition, according to the map or plat thereof as recorded . in Plat Book 42, Page(s) 52, Public Records of Miami -Dade County, Florida. 03- 883 Special Exception Name Interest Number M.E.D of Miami, LLC 100% fee simple owner With respect to the reversionary rights for the right-of-way portion of the Property to be closed and vacated, the Florida Supreme Court has ruled that owners of lots abutting a perimeter street in a plat shall take title to the entire width of a vacated street. Caples v. Taliaferro, 197 So.861, 867 (Fla. 1940). In addition, F.S. 177.085 provides that a conveyance of lots in a subdivision abutting a right of way "shall cant' the reversionary interest in the abutting street to the centerline or other appropriate boundary." Since the original plat of HAZELTON PARK (Plat Book 42, Page 52) reflects that SW 52nd Court is a perimeter street to said plat and the right-of-way portion of the Property abuts Lot 6, Block 5, HAZELTON PARK, Plat Book 42, Page 52, it is my opinion that fee simple ownership of the vacated right-of-way portion of the Property shall revert to the existing titleholder, M.E.D. of Miami, LLC. 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 2e day of May, 2003. GEORGE DIAZ, P.A. Sunset View Building 9211 Sunset Drive, Suite 104 Miami, Florida 33173 By: George Utaz Florida Bar No. 945889 03 883 IN yf• v". � DEPARTMENT OF HEARING SOARUS ; .^ 444 SW 2"d Avenue, 7"' Floor * Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 A �+' • `� APPLICATION FOR OFFICIAL VACATION 11,"„• ^, 4 AND CLOSURP OF A PUBLIC RIGHT-OF-WAY ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCA'T'ED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED, ALONG WITH PERTINENT DOCUMENTS, ONLY THE FIRST SEVEN- DAYS (1-7) OF THE MONTH FROM 6:00 AM UNTIL 5:00 PM. PLEASE NOTE THAT THE CASHIER LOCATED ON THE 4TH FLOOR WILL CLOSE AT 4:00 PM; THEREFORE, THE COMPLETE APPLICATION, REVIEWED PLANS AND A PAID RECEIPT MUST BE SUBMITTED. RECORDATION COST FOR THE RESOI<YTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. Jorge E. Leon on behalf of I M.E.D. of Miami, LLC hereby apply to the City Commission of the City of Miami in accordance with Section 55-15 of the Code of the City of Miami as more particularly described herein and, in support of that request, fumish the following information: 1. _„� 1 t Total square feet. 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two 11x17” original current surveys, prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 4. Two original sketch of surveys, prepared by a State of Florida Registered Land Surveyor showing only the .area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 6. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of property covered by the application (see pages 5 acid 6), 7. At least two photographs that show the entire property (land and improvements). Rev. 03/27/03 03- 883 8. Attach Opinion of Title addressing the reversionary rights (note: an update shall be required if more than 3 months elapse before Zoning Board or City Commission approval), 9. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 10. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 (b) Re -submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 Maximum $1,700.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 11. All documents, reports, studies, exhibits (an 8 '/ x 11" copy) or other written or graphic materials, if any, to be used by the applicant.in support of the application shall be submitted with and be a part of this application. The undersigned, being the owner or representative of the owner, of the property located at 5271 SW 8th Street, Aami, Florida 33134 AND MORE PARTICULARLY DESCRIBED AS: Lot 6,7,8,9,10, Block 5, HAZELTON PARK, according to the plat thereof, recorded in Plat Book 42, Page 52, Public Records of Dade County, FL. 12. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? NO. 13. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? NO. 14. What is the$urpose of this street closure? To coincide lot with all surrounding corner lots in area & with longstanding si ewa & treet curbs Si Nam Jor a E..Leon Address 9 1 Sunset Drive #103 Miami, Florida 33173 Rev. 03/27/03 Telephone 786 295-2798 Date --�"t� 0-2, — 03- 883 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 6th day of: May 20_Q3_, by Jorap F _ 7.P -nn of M. E ? of Miami, LLC aFlorida limited liabilty company on behalf of t06 corporation. He/She is person flto me or has produced as identificzftnature d (did not ake an oath. (Stamp) ejo',N S0omw o� *nay co�ssi«, cCssi� ?4,55 Wires May 1a. 2003 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of _ 20�, by partner behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 03/27/03 (or agent) on a partnership. X.d. 03— 883 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Jorge E. Leon who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying. petition, ® including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at $. That the foregoing pagef are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. M.E.D. of° Miani, LLC' Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _' , day of May 20 03 , by _Jorge E. Leon ofM.E.D. of Miami, LLC a Florida limited liability company aoMwsfi=, on behalf of the corporation. He/She is imminnally known to me or has produced as identification did (di t) take an oath. Solon= Gross (Stamp) **�"h' 0"1 Signature ;,:V Expires May 14, 2003 Rev. 12105MI 03" 883 OWNER'S LIST Owner's Name M.E.D. of Miami, LLC Mailing Address 9211 Sunset Dr. ,#103,MiamiFLZ1p Code 33173 Telephone Number (78 6) 295-2798 Legal Description:, Lots 6, 7, 8, 9, 10, Block 5, HAZELTON PARK, according to the Plat thereof recorded in Plat Book 42, Page 52, of the Public Records of Miami -Dade County, Florida. Owner's Name Mailing Address zip Code Telephone Number Legal Description:_ - Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned Individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site Is listed as follows: Street. Address Legal Description Street Address Street Address Rev. 03/27/03 Legal Description Legal Description 03- 883 DISCLOSURE OF OWNERSHIP 1. Legal description_ and street address of subject real property: Lot 6-10, Block 5, HAZELTON PARK, thereof, Plat Book 42, Page 52 of Miami -Dade County, Florida. according to the plat the Public Records of 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Jorge E. Leon — Sole Member of M.E.D. of Miami, LLC 9211 Sunset Dr., #103 Miami, Florida 33173 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 92, and (b) located within 600 feet of the subject real property. None. M.E.D. of Miami, LLC Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of May 20 03 , by. Jorge E. Leon of M.E.D. of Miami, LLC a Florida limited liability company �cn� on behalf of the corporation. He/She is personally known to me or has produced as identification a h did (did not ke an oath. (Stamp) Signature solomm Gross * *My commssion 0CM293 Expires May 14.2003 Rev. 12/05/01 03- 883 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State July 12, 2002 SOLOMON GROSS C/O GEORGE DIAZ, P.A. 9260 SUNSET DRIVE, SUITE 119 MIAMI, FL 33173 The Articles of Organization for M.E.D. OF MIAMI, LLC were filed on July 11, 2002, and assigned document number L02000017461. Please refer to this number whenever corresponding with this office. In accordance with section 606.406(2),F.S., the name of this limited liability company is filed with the Department of State for public notice only and is granted without regard to any other name recorded with the Division of Corporations. A limited liability company annual reportluniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FEI) number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and requesting form SS -4. Please be aware if the limited liability company address changes, it is the responsibility of the limited liability company to notify this office. Should you have any questions regarding this matter, please telephone (850) 245- 6051, the Registration Section. biane Cushing Corporate Specialist Division of Corporations Letter Number: 602A00043262 •' X �'* Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 03— 883 c •- tr,/ (- • +if„ 108" Jr6m Me reoords of this Offim that M.G.D. 0 of the SM t • Flolida, filed on 5 • r• •-_ • • •under •� the - JuW11. 11 tr 1 " L02000017481.The kjacument numt*r of this- • • c' through f thal said company haS paid all fees thle Gim under my hand and the GrQjktof State 5. CAPNO this the at TR may, 28cii i '-�- l ' fr • 1. �`. Jy r. yl v I♦ 1G CAN= pas). { T72- • 20551PG1825 REC AND RETURN TO: lame: George Diaz, P.A. Address: 9260 Sunset Drive, State 119 Miami, Florida 33173 THIS INSTRUMENT PREPARED BY: Name: Robin I. Willner Address: LEOPOLD, KORN & LEOPOLD, P.A. 20201 Biscayne Boulevard, Suite 501 Aventura, Florida 33180 Folio Number: 01-4106-002-0470 02R462391 2002 JUL 25 11:41 DOCSTPDEE 10.833.00 SURTX 8x124.75 HARVEY RUVIN, CLERK DADE COUNTY, FL [Space above line reserved for recording office use] STATUTORY WARRANTY DEED THIS INDENTURE is made the1,1!'day of July, 2002, between NATIONAL RESIDENTIAL PROPERTIES, INC. f/k/a NATIONAL REHAB PROPERTIES, INC., a Nevada corporation, party of the first part, and M.E.D. OF MIAMI, LLC, a Florida limited liability company, whose post office address is c/o George Diaz, P.A., 9260 Sunset Drive, Suite 119, Miami, Florida 33173, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of $10.00 and other valuable considerations, in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the parcel of real property described as follows: Lots 6, 7, 8, 9 and 10, BIock 5, of HAZELTON PARK, according to the Map or Plat thereof, as recorded in Plat Book 42, at Page 52, of the Public Records of Miami -Dade County,. -Florida. SUBJECT TO: Real property taxes for the year 2002 and subsequent years; conditions, limitations, restrictions, reservations and easements of record which are not reimposed by this instrument; and zoning ordinances and governmental regulations, if any. AND the party of the first part does hereby -fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the pirty of the first part has executed this Warranty Deed as of the day and year first above written. WITNESSES: NATIONAn ot1 ENTIAL PPOPERTIES, INC., a Nevada c rati /% n Ad Address: 241 N.W. 66 Avenue Miami, Florida 33127 STATE OF FLORIDA ) N-ca-seooK a�caceco FWCORD W aonai ) ss: HARVEY RLMId�r COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this_ day of July, 2002, by RICHARD ASTROM, as President of NATIONAL RESIDENTIAL PROPERTIES, INC., a Nevada corporation, who is personally known to me. `06V/'- —d- W'at My Commission Expires: Notary Public, State of Florida Print Name: s. wrL ipHyDD0460 r r 26,= asmnsN,w Fdit1- UgOPOLD, KORN & UKWOLD, P.A. 20801 ftcri a Beukvnd. Suke 501. Ave wra. FL 33180 Tekpbooc 305-935-3500 03- 883