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HomeMy WebLinkAboutR-02-0113J-02-049 1/08/02 RESOLUTION NO. 02— 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 AN ALLEY PARALLEL TO AND WEST OF NORTH MIAMI AVENUE, SOUTH OF NORTHWEST 3RD STREET, AND AN EASEMENT PARALLEL TO NORTHWEST 2" STREET, WEST OF NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of December 3, 2001, Item No. 4, duly adopted Resolution No. ZB 2001-0482 by a seven to one (7-1) 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 w C".ITy'S��7yCrO�p�g�MIS♦ SI�ON JAIL 2 It 2UU2 02- 113 WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical requirements have been met, and vacation of the subject right-of-way would benefit the general public; 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, 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 public right--of-way, being an alley parallel to and west of North Miami Avenue, south of Northwest 3rd Street and an easement parallel to Northwest 2"d Street, west of North Miami Avenue, Miami, Florida, as legally described in "Exhibit A", attached and made a part hereof, is closed, vacated, abandoned and discontinued for public use. Page 2 of 3 02— 2— 11 3 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayorl. PASSED AND ADOPTED this 24th day of January , 2002. MANUEL A. DIAZ, MA ATTEST: WAL J. FOEMAN CITr CLERK APPROVED AS TO FORM AND CORRECTNESS: C I Y ATTORNEYA �2. 921:YMT:smg i� 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 02- 113 4) Miami Zoning Board • Resolution No.: 2001-0482 Monday, December 3, 2001 Mr. Rodolfo de la Guardia 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 AN ALLEY PARALLEL TO AND WEST OF NORTH MIAMI AVENUE, SOUTH OF NORTHWEST 3RD STREET, AND AN EASEMENT PARALLEL TO NORTHWEST 2"D STREET, WEST OF NORTH MIAMI AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. Rodolfo De LaGuardia No Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Abst Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Away Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 7 NAY: 1 ABSTENTIONS: 1 NO VOTES: t ABSENT: 0 Ms. Fernandez: Motion carries 7-1 Teresita L. Fe nandez, Executive Seebretary Department of Planning and Zoning Hearing Boards Division Case No. 2001-0487 Item Nbr: 4 02- 113 ZONING FACT SHEET PZ 4 Case Number: 2001-0487 03 -Dec -01 Item No: 3 Location: Legal: Applicant: Zoning: See Request Below (Complete legal description on file with the Hearing Boards Division) James R. Sloto, Esq. on behalf of Owners 200 S. Biscayne Blvd. #2350 App. Ph_ (305) 379-1792 C-1 Restricted Commercial Robert E. Gallaher, Jr. Esq. on behalf of the Department of Offstreet Parking, Contract Purchaser 150 W. Flagler St. #2300 Rep. Ph: (305) 789-3300 ext Rep. Fa (__._) ext Request: Official vacation and closure of a portion of an alley parallel to and west of North Miami Avenue, South of NW 3 Street and an easement parallel to NW 2 Street, west of North Miami Avenue. Purpose: This will provide a unified development site. Recommendations: Planning Department: Approval Public Works: Please see attached Plat and Street Committee: Please see attached Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Last Hearing Date: Found: Violation(s) Cited: Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Analysis: Zoning Board Resolution No: ZB 2001-0482 Zoning Board: Recommended approval to City Commission. City Commission: N/A_ Vote: 8-1 02- 113 PUBLIC WORKS ANALYSIS FOR Vacation and Closure of a portion of an alley parallel to and west of North Miami Avenue, south of NW 3 Street and an easement parallel to NW 2 Street, west of North Miami Avenue The Public Works Department and the Plat and Street Committee have studied the proposed closure and vacation of a portion of an alley parallel to and west of North Miami Avenue, south of NW 3 Street and an easement parallel to NW 2 Street, west of North Miami Avenue, and determined that; the closure of the alley and easement, will not adversely affect traffic circulation or access for public service vehicles such as trash and garbage trucks, fire, police and/or other emergency vehicles. The alley and easement are not part of the critical pedestrian and vehicular transportation network for the neighborhood. The Plat and Street Committee has reviewed the tentative plat of "Canner" and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of this alley and easement and development of the property would benefit the general public. The property owner must provide a specific attorney's opinion of title addressing the reversionary rights of this alley and easement as part of the application process. Based on the criteria contained in the Subdivision Regulations of the City Code, the Public Works Department and the Plat and Street Committee recommended approval of this alley and easement closure and vacation request. This is subject to the condition that the property owner provides on his property suitable access from the closed end of the remaining portion of the alley to the nearest public right of way. U2"- L13 Miami Zoning Board Resolution No.: 2001-0482 Monday, December 3, 2001 Mr. Rodolfo de la Guardia 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 AN ALLEY PARALLEL TO AND WEST OF NORTH MIAMI AVENUE, SOUTH OF NORTHWEST 3R11 STREET, AND AN EASEMENT PARALLEL TO NORTHWEST 2"D STREET, WEST OF NORTH MIAMI AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. Rodolfo De La Guardia Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. lleana Hernandez -Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr, Angel Urquiola Mr. Georges Williams Yes Yes Yes Yes Yes Null No Yes Yes Yes AYE: 8 NAY: 1 ABSTENTIONS: 0 NO VOTES: 1 ABSENT: 0 Ms. Fernandez: Motion carries 8-1 r Teresita L. Fernandez, Executive Secre ry Department of Planning and Zoning Hearing Boards Division Case No. 2001-0487 Item Nbr: 4 02W 113 J a rx u le ll! le sr a Is xp I 5 3 VU w I$ Is Is 2 � u O x Q w kk iil s�/ir�elil.�s z �I z TRACT °6° X 10 w I O 7•:♦ r] 16 1T to :9 7D J) N W. E 5 T. a. Z DOWNTOWN GOVERNMEF>II 1, 113 IIoN ! til�ii1 e Ir�11 It to CENTER-FIRSTAD91TION 11.,5.t FLAGLEFi i } I !♦ ! t 9 13 ♦ f i 1. C 11ti is xr > x I r eacrr Q M^sE Y �r\4� r I OCN M61k1'• arE •e�;ST.sIJe 5 _ E y s p 7 a r e �- li 11r !• 14 a / 7R.3 v PROPERTY OF r, P CJ MIAMI STEAM � rRz dre. E LEC fAIC 5'fATl4fJ � Fl.OD MIAMI ARENA 5Ur3 I � RID PCWER Tp, AND !•IGFIT CO. �N TRACT '9' rs � } i _ � - I -I' N.W. �� 3 5T. 0 , . Ls A W. N. E. 2 1 01)<. 50 o 00 o r 0 +I a s s r �a ! a r e a s x 06 O N 04 CCI.o 2217! �Idr :! �'e � :•E ro li 13 H y 111 r le c! r 12 I N. • o 0 o v o ILL!LLJ L ". o ou oc oo ti o 0 0 0 0 COURT�7HHOUStIsr. EAST FtAGLER 'S3 0 o no b ` opo o<o i p o o.oc r c o o gpp000p, 1'`, I s s V r! 1 s♦ ] z� � e n E r $13 s z � � � y 1' Q 4 : •�dl: '1ej1� 0-2:1x2 2]'7.4 Q 1112 1y .1413 !1 Ir Ve II ,21L wl,] 1i rr;ll 11 �- 4 , ti OG 0,5oOp'70 0 7 c I pa ,b? ~ s. vv I S7 S.E. I oI -,p p u ap pe qo p o o pp po °> 0 0 0 00000u00000000c 00It N I �'hlr�,,.•J '�'�.'1'. ,si �°l�+e a r/ r �F.QQQI 7 poapa0000000 o000 0 o pt N I y ll I I 35 a SE„ „ .. G \ p5 MIIaMi CONVENTION CENTER 11y 14'1! AtAEND ED I 81SC�A Y N m�N,C 71R1�7 C 1 Q ti 1+1 4 poop p OOOppOOp00 � EvrERPRISES PROPERTY •� '`�_ `'. _ _. —..— o N.W. �� 3 5T. 0 , . Ls A W. N. E. 2 1 01)<. 50 o 00 o r 0 +I a s s r �a ! a r e a s x 06 O N 04 CCI.o 2217! �Idr :! �'e � :•E ro li 13 H y 111 r le c! r 12 I N. • o 0 o v o ILL!LLJ L ". o ou oc oo ti o 0 0 0 0 COURT�7HHOUStIsr. EAST FtAGLER 'S3 0 o no b ` opo o<o i p o o.oc r c o o gpp000p, 1'`, I s s V r! 1 s♦ ] z� � e n E r $13 s z � � � y 1' Q 4 : •�dl: '1ej1� 0-2:1x2 2]'7.4 Q 1112 1y .1413 !1 Ir Ve II ,21L wl,] 1i rr;ll 11 �- 4 , ti OG 0,5oOp'70 0 7 c I pa ,b? ~ s. vv I S7 S.E. I oI -,p p u ap pe qo p o o pp po °> 0 0 0 00000u00000000c 00It N I �'hlr�,,.•J '�'�.'1'. ,si �°l�+e a r/ r �F.QQQI 7 poapa0000000 o000 0 o pt N I y ll I I 35 a SE„ „ .. G \ p5 MIIaMi CONVENTION CENTER 11y 14'1! AtAEND ED I 81SC�A Y N m�N,C 71R1�7 C 1 Q ti 1+1 4 poop p OOOppOOp00 � EvrERPRISES PROPERTY •� '`�_ `'. _ _. —..— o . . . . . . . . . . . . . jv . . . . . . . . . . . . . . . . . . .......... k A Wo J. 'Ir V1. ON ulj3t� yo .t atoo, saw Alm= "Blow WE rz Bks oil . . . . . . . . . . . . . jv . . . . . . . . . . . . . . . . . . .......... k A Wo J. 'Ir V1. ON Chia of Yarm JOHN H. JACKSON, P.E. i3 Director ilia Co, F4�a`o May 7, 2001 James R. SIoto, Esq. For: CANNER Mishan, Sloto, Greenberg and Hellinger, P.A. 200 S. Biscayne Boulevard, Suite 2350 Miami, FL 33131-2328 Dear Mr. Sloto: CANNER - NEW TENTATIVE PLAT 91583 The City of Miami Plat and Street Committee, at its meeting of May 3, 2001, 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. Show FEDERAL JUSTICE CENTER PB 145 -Pg 45, MIAMI-DADE COMMUNITY COLLEGE NEW WORLD CENTER PB 121 -Pg 1, DOWNTOWN GOVERNMENT CENTER PB 117 -Pg 83, and DOWNTOWN GOVERNMENT CENTER FIRST ADDITION PB 127 -Pg 16, in the location sketch. 2. Change block number 106N to 86N, North of NW 3 Street, in the main sketch. 3. In addition to the name, include the address for all seven (7) owners. Verify owners' names. 4. Reference zoning information as according to City of Miami Zoning Ordinance 11000, as amended. 5. Provide an opinion of title for the remnant portions of Lots I and 2. 6. Provide a tie to a sectional or fractional corner. 7. In addition to block, plat book and page numbers, include subdivision names and lot numbers for all underlying and adjacent subdivisions, in the location sketch. 8. Provide a title block with the name of the plat and the section, township and range; also include City of Miami, Miami -Dade County, Florida. 02- 113 C:\MyDirectory\PESOLUTSXCANNER.doc DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 0 0 James R. Sloto, Esq. For: CANNER CANNER - NEW TENTATIVE PLAT #1583 May 7, 2401 Page two 9,, In the expressed purpose statement, include that the 10%Z foot easement off the South side of Lots 19 through 22 will be closed and vacated, and that the South 10 feet of said lots will be dedicated as right-of-way. 10. The subdivider shall provide on his property suitable access from the proposed closed end of the public alley to the nearest public right-of-way. 11. Verify if there are any utilities in the portion of the alley to be closed and vacated. If there are utilities, they must be relocated or easements be provided. 12. Provide ties to the Northwest and to the Southwest corners of Block 97N. 13. Provide an opinion of title. 14. An opinion of title as to reversionary rights for the alley and the easement to be closed and vacated will be required by the Zoning Board. The opinion of title must also address whether of not there are any individuals, in addition to the abutting property owners, having an interest in the rights-of-way to. lie closed and vacated. A copy of the opinion must be provided to the Public Works Department. 15. All property owners abutting the alley between the two streets shall join in the plat abandoning and disclaiming all right, title and interest in the portion of the alley being closed. 16. Indicate in which zoning district this site is located and identify the zoning reference. 17. The one-story building on the Northeast comer of the parcel being platted must be removed prior to final plat. 18. The Plat and Street Committee in viewing the request to close and vacate the north 150 feet of an unnamed alley located parallel to South Miami Avenue south of NW 3 Street and an easement on the north side of NW 2 Street have considered the public interest requirements found in Chapter 55 of the Miami City Code. These requirements having been met, the Plat and Street Committee recommends approval of the vacation and closure of the said portion of the unnamed alley and easement. 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. C:1MyDirectarylRESOLUMCANNER.doc 02- 113 0 . .lames R. Sloto, Esq. For: CANNER CANNER - NEW TENTATIVE PLAT #1583 May 7, 2001 Page three 5. 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. 6. 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. 7. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 7. 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. 8. 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, 10 ohn H. Jack n, P.E. Chairman, Plat and Street Committee JHJIrj f Enclosure: Contact Sheet c: Pete De La Rosa P.L.S., Inc. 959 SW 122 Avenue Miami, FL 33184 Members of the Plat and Street Committee bc: Civil Surveys Central C:NyDirectory1RE50LUTs1CANNER.doc Arthur Noriega, Executive Director Off Street Parking Department Ila 0 • CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2 Avenue, 7 Floor - Miami, Florida 33130 Telephone 305-416-2030 - Fax 305-416-2035 APPLICATION FOR OFFICIAL VACATION AND CLOSURE 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), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. 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. RESOLUTION RECORDATION COST IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. I, James R. Sloto, as Agent for the Owners, as more specifically set forth on Schedule "A" attached hereto, 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, furnish the following information: 1491 Total square feet. 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two 1 Ix17" original surveys, prepared by a State of Florida Registered Land Surveyor within one year 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. Surveys need to be stamped by the Office of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submittal of application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). Certified list of owner's of real estate within a 500 -foot radius of the outside boundary of property covered by the application (see pages 5 and 6). 02 113 0 • 8. At least two photographs that show the entire property (land and improvements). 9. 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). 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Cost of processing, according to the City Code: Vacation of public right-of-way: $ .90 (a) Original submittal: Per square foot of right-of-way $ 1,200.00 Minimum (b) Re -submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 Maximum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 12. All documents, reports, studies, exhibits (an 8 %z 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 234, 236 and 240 North Miami Avenue, Miami, Florida AND MORE PARTICULARLY DESCRIBED AS: Lot(s) I and 2 Block(s) Less portion of Block 97 North Subdivision Knowlson's Map of Miami. Plat Book "B." P se 1 of the Public Records of Miami -Dade Signature Name t Ja s R. Sloto, as Agent for the Owners as more ecifically set forth on Schedule "B" attached hereto Address 200 South Biscayne Boulevard Suite 2350 Miami, Florida 33131-2328 Telephone (305) 379-1792 Date October 9, 2001 -2- 02- 113 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 9" day of October, 2001, by James R. Sloto, who is personally known to me orwho has produced as identification and who di did not) take an oath. `,55JttJ" Jeanette Ruiz 2� �; �Ccai.4ission k CC 995725Nil W� Expires Jam 22, 2005 (Stamp) rF• ae``.' P,unded Thru ,����itt5y54, .ltjaritl� Bonding Co., Ine. i i STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this of corporation, on behalf of the corporation. who has produced did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature day of 120 , by , a He/She is personally known to me or as identification and who The foregoing instrument was acknowledged before me this day of , 20 , by produced not) take an oath. (Stamp) G:1W-REGO5970�0021vacatimi. wpd partner (or agent) on behalf of a partnership. He/She is personally known to me or who has as identification and who did (did —O— Signature ..... '" 02,. it3 • AFFIDAVIT Before me, the undersigned authority, this day personally appeared James R. Sloto, Esquire, who being by me first deposes and says: 1. That he is 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 represents, if any, have given their full and complete permission for him to act in their behalf for the street closure as set out in the accompanying petition, including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages 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. James R. Sloto Applicant Name -11- 02- 113 a 0 • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of October, 2001, by James R. Sloto, who is personally known to me and who did (did not) take an ath. J 6--Izt�L- (Stamp) Signature 1, -12- - ARS HELENE W ESTEL NOTARY PUBLIC STATE OF NLORTDA COMMISSION NO. DDOIBVB MY COMMISSION EXP. APR. 17,2005 02- 113 OWNER'S LIST Owner's Name See Schedule C attached hereto Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name 4- e 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: None Street Address Legal Description Street Address Legal Description Street Address Legal Description W 02- 113 DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: Lots I and 2, less portion of Block 97 North, Knowlson's Map of Miami, Plat Book "B," Page 41 of the Public Records of Miami -Dade County, Florida. A/K/A 234, 236 and 240 North Miami Avenue, 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 #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See Schedule "C" attached hereto. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and (b) located within 500 feet of the subject real property. None JAMES R. SLOTO Esq, Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI -DADS or Attorney for Owner Signature The foregoing instrument was acknowledged before me this�216ay of October, 2001, by James R. SIoto, who is personally known to me and who did (did not) take an oath. (Stamp) Signature 2'Y .. HELENE W ESTEL [7UrARY FUBLIC STATE OF FLORIDA COMMISSION NO, DD0I8M COMMISSi6N EXP. tlPR. 17,2005 G:IW-REGL3597D10421vacation.wpd -13- 02- 113 L SCHEDULE "A" 11 (i) Colin Danzis, Trustee of the S. Danzis Trust as to an undivided 50% interest in the Land; (ii) Caryn B. Canner Schwartz, as to an undivided 6.25% interest in the Land; and (iii) Stuart Seides as to an undivided 6.25% interest in the Land; and (iv) Wayne Stuart Canner as to an undivided 6.25% interest in the Land; and (v) Felice S. Canner Sorel as to an undivided 6.25% interest in the Land; and (vi) Claire Seides as to an undivided 12.5% interest in the Land; and (vii) Arlene Canner as to an undivided 12.5% interest in the Land. Address: c/o James R. Sloto, Esquire (attorney to the Owners) Mishan, Sloto, Greenberg and Hellinger, P.A. 200 South Biscayne Boulevard, Suite 3000 Miami, FL 33131-2328 Telephone: (305) 379-1792, extension 220 -3- 02- 113 0 Witness: . Ze /�. Print Name: E .✓ Print Marne - Ever, g 4"�f4 STATE OF FLORIDA COUNTY OF MIAMI -DARE • SCHEDULE"B" JAWS Y. SLOTO, pursuant to the, Special Tower of Attorney dated arch 9,200 1, for the S. Danzis Trust, which Special Power of Attorney was recorded in the Public Records of Miami -Dade County on April 4, 2001, under Clerk's File No. O1R160564/570. The foregoing instrument was acknowledged before me this day of6prtl; 2001 by James R. Sloto, who is personally known to me or who has produced as identification. FRCIAL NOTARYSEAC, HELENE W ESTEL NOTARY PG'BUC SLATE OF FLORIDA COMMISSION NO. DD018278 MY COM1P[S, 0 EXP. APR.172005 Notary Public State of Florida t Large My Commission Expires: Witness: JOtedMarch R. SLOTO, pursuant to the pecial Power of Attorney Print Name: �fw�E f.3T� 19, 2001, for Stuart Seides, which Special Power of Attorney was recorded in the public Records of Miami -Dade County on April 4, 2001, under Clerk's File No. O1R160564/570. P*Nan c, J STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) ��- The foregoing instrument was acknowledged before me this — day of April, 2001 by James R. Sloto, who is personally known to me or who has produced as identification. Notary Public State of Florida t Large My Commission Expires: HELENE W �LF.AL -4- N®R'ARY PLBLIC STATE OF FLORIDA 6COMMISSION NO. DD018278 .Y CO MISSION EXP. APR. 17 5 02- 113 • SCHEDULE "C" (i) Colin Danzis, Trustee of the S. Danzis Trust as to an undivided 50% interest in the Land; (ii) Caryn B. Canner Schwartz, as to an undivided 6.25% interest in the Land; and (iii) Stuart Seides as to an undivided 6.25% interest in the Land; and (iv) Wayne Stuart Canner as to an undivided 6.25% interest in the Land; and (v) Felice S. Canner Sorel as to an undivided 6.25% interest in the Land; and (vi) Claire Seides as to an undivided 12.5% interest in the Land; and (vii) Arlene Canner as to an undivided 12.5% interest in the Land. Address: c/o James R. Sloto, Esquire (attorney to the Owners) Mishan, Sloto, Greenberg and Hellinger, P.A. 200 South.Biscayne Boulevard, Suite 3000 Miami, FL 33131-2328 Telephone: (305) 379-1792, extension 220 02- 113 • Witness: Print Name: L Print Name: r 5. T STATE OF FLORIDA COUNTY OF MIAMI-DADE • J S R. SLOTO, pursuant to the Sp tial Power of Attorney ted'March 12, 2001, for Arlene Canner, which Special Power "ttorney was recorded in the Public Records of Miami -Dade County on April 4, 2001, under Clerk's File No. 01R160564/570. The foregoing instrument was acknowledged before me this f -day of AA)rii", 2001 by James R. Sloto, who isperste known to me or who has produced as identification. OFFICIAL NO ARYSEAL --• — - - _„ HELENE W ESTEL Notary Public NOTARY PUBLIC STATE OF FLORIDA State Of Florida t Large COMMISSION NO. DD018278 My Commission Expires: MY COMMISSION EXP. APR. l7 005 Witness: J4iVffio R. SLOTO, pursuant to the Spe iai Power of Attorney F da arch 12, 2001, for Claire Seides, which Special Power of Print Name: Attorney was recorded in the Public Records of Miami -Dade f� County on April 4, 2001, under Clerk's File No. 01R160564/570. Print Name:_lqor -CSAa� �C STATE OF FLORIDA ) COUNTY OF MIAMI-DADE } The foregoing instrument was acknowledged before me this day of April, 2001 by James R. Sloto, who is perste known to me or who has produced as identification. Notary Public State of Florida t Large My Commission Expires: OFFIC AL NQTARYSUL— HELENE W ESTEL -5- NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DDDIM MY COMMISSION EXP. APR.172W5 02- 113 Witness: Print Name Print Nam ; .1-4e. STATE OF FLORIDA COUNTY OF MIAMI -DARE J R. SLOTO, pursuant to the Special Power of Attorney d March 13, 2001, for Wayne Stuart Canner, which Special Power of Attorney was recorded in the Public Records of Miami - Dade County on April 4, 2001, under Clerk's File No. O1R160564/570. f4�T�The foregoing instrument was acknowledged before me thi day of , 20Q 1 by James R. Sloto, who is personally known to me or who has produced as identification. FN ARYSEAL IELENE W ESTEL UBI1CSTA�OFFLORIDANotary Public ISSION NO. DD016278ISSION EXP. APR. 17 005 State of Florida t Large My Commission Expires: Witness: 4rin�t Name:16, 65rXe__ Print Name: Vvgw..4 J'. STATE OF FLORIDA COUNTY OF MIAMI -DARE "A R. SLOTO, pursuant to the Special Power of Attorney late March 23, 2001, for Caryn B. Canner Schwartz, which Special Power of Attorney was recorded in the Public Records of Miami -Dade County on April 4, 2001, under Clerk's File No. O1R1605641570. DD1:416�920_ -- The foregoing instrument was acknowledged before me this 7r lay ofAprlf, 2001 by James R. Sloto, who is personally known to me or who has produced as identification. Notary Public State of Florida t Large My Commission Expires: -6- EMOFFICIAL N3TWItySEAL Y ARY PUB£ RWMA COMMISSION NO. DDOIW8 COMMISSION EXP APR, i7 02- 113 Witness: , z � � �L. & �4,- z -- Print Name E Print Name'; - q ,si[4d TiP STATE OF FLORIDA COUNTY OF MIAMI -DADS • JYqS R. SLOTO, pursuant to the Specp61 Power of Attorney dW March 23, 2001, for Felice S. Canner Sorel, which Special Power of Attorney was recorded in the Public Records of Miami - Dade County on April 4, 2001, under Clerk's File No. 01 R 160564/570. z:::�46&A5e- The foregoing instrument was acknowledged before me this day of 64x< 2001 by James R. Sloto, who isperste known to me or who has produced as identification. 6� Notary Public State of Florida t Large My Commission Expires: -5mva RYSEAL HELENE W FSTEL NOTARY PUBLIC SPATE OF FLORIDA COMMISSION NO. DD0I8278 MY COMMISSION EXR. APR, ]7 5 -7- ©2-- 113 • • int 82 PEEL This Wsuument prepared by and record and return to: James R_ Sloto, Esq. Mishan, Sloto, Greenberg & Hellinger, P -A. 200 S, Biscayne Blvd., Suite 2350 Miami. FL 33I31 a 1R 1&0570 2!101 APR 04 121149 SPEWLL POWER OF ATTORNEY Know All Men By These Presents That Felice S. Canner Sorel, has made, constiwFed and appointed, and by these presents does tt>a>;0, constitute and appoint JAMBS R. SLOTO. her true and lawful attorney for her and in her nam., place and stead To execute and deliver any and all applications, hmumenas and documents as may be required by the Citv of Miami to vacate the ten (10) foot alley (the "Alley") d on the West side of the pmMW Legally described as: Lots I and Z less begin at the Southeast corner of Lot I and tin North 0,75 feet, !'Vest 99.993 feet, South 0.86 feet, East 99.993 feet to Point of Beginning, Block 97 N, City ofMiami North, accairdntg to the Plat thereof recorded in Plat Book B, page 41 of the Public Records of Miami -Dade County, Florida. commonly known as: 230-246 North Miami Avenue, Miami, FL (the "Property;") .which alley was dedicated to the City of Miami puttsuani to instruments filed in Deed Hook 564, page 273, and Deed Book 185, page 13g, all of the Public Records of Miami -Dade County, Florida. Giving and gutting unto JAMES R. SLOTO, fall power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done to vacate the Alley as hay, to all intents and purposes, as she might or could do if personally present, with full power of substitution and revocation, hereby ratifying attd firming all that JAMES R. SLOTO, said attorney, or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness Whereof, .ve have hereumo set our hands and seals this 193, day of M444WI I. Sealed andli r e presence of: t Print'ume /L/ Felice S. Canner Sorel mattieeaffrr. rrzgm 4'oaao n HAfiYE1r RfJflILY cumawcurrtogm STATE OF FLORIDA } COUNTY OF MIAMI-DADE } The foregoing instrument was acknowledged before me this day of!Z . 2001, by Felice S. Canner Sorel, %who is personally known to me or who has produced as identification. EVAM73mil-a" N b)ic, State of Florida pNl+10.CLi69r103 ante:Ctrl>i>d! t71ilC My commission expires:�# STATE OF FLORI©A, COUNTY OF DADE 1 HIREDY CERT11Y that ft fore oVoirQU!Land nd torr D 2c�gb1TQE i origimd an file in this aline. HARVEY RUViN, CLERK,Pk� out of Deputy Gly 02- 113 • 0 ft 1 552 .4516 This iucanunew prepared by and record and return to: James R. Sloto, Esq. Mishan, Sloto, Greenberg & Hollinger, P.A. 20D S. Biscayne Blvd_, Suite 2350 Miami, FL 33131 01R 160569 3081 AFS 04 1309 SPECIAL POWER OF ATTORNEY Know M Merz By'Reese Presents That Caryn B. Canter Schwartz, has made. constituted and appointed, and by these presents does maize, constitute and appoint JAMES R. SLOTO, her true and lawful attorney for her and in her name. place and stead To execute and deliver any and all applications, buiruments and docntnetlts as a be requited by rix City of Miami to vamte rite ten (10) foot alley (the "Alley") locaW on the Nest side of the property legally descn'bed as: Lots 1 and 2, less begin at the Southeast corner of Lot l and to North 0.75 feet, West 99.993 feet, South 0.56 feet, East 99.993 feet to Point of Beginning, Block 97 N, City of Miami Notch, according to the Plat thereof recorded in Plat Book B, page 41 of the Public Records of Miami -Dade County, Florida. Commonly known as: 230-246 North Miami Avenue. Miami, FL <the " Propetty' j which alley was dedicated to the City of Miami pursuant to instruments tiled in Deed Book 564, page 273, and Deed Book l S5, page 138, all of the Public Records of Miami -Dade County, Florida. Giving and ,granting unto JAMES R. SLOTO, full power and authority to do and perform all and every act and thing whatsoever r quisim and necessary to be done to vacate the Alley as fully. to all bft is add proposes. as she alight or -could do if personally present, with full power of substitution and revocation. hereby ratifying and confirming all that JAMES R. SLOTO, said attorney, or his substiutw shall lawfully do or cause to be dote by virtue bereot In Witness Whirreof, we have hereunto set our hands Sealed and d*Ifve~e pFesenoe of: PrimPC7rA.A A w r u/J-:J Carya B. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) seals this A3 day of Schwartz aKowaeotacw�+: ,ram cl. mremcuromw The foregoing instrument was acknowledged before me this -V day ofbUAXA,, 2001, by Catya B. Canner Schwartz, who is personally known to me or who has as idendfxartiou• N Public, Stale of Florida ' Pt i ame: tt1dP My cottesnission expires:MY t STATE CF FLORIhA r ni IAiry r,r- , . __ U I HEREBY CERT" that t Original an file ita this HARVEY REklt<M,.1 • REC i95-82 Ps. 4515 This instrument prepared by and record and realm to: .lames R. Sloto, Esq. Misban, Sloto. Greenberg & Helliyger. P.A. 200 S. Biscayne Blvd., Suite 2350 Miami, FL 33131 SPECIAL POWER OF ATTORNEY SnoW All Men By These Presents 01R 160568 2001 APR 04 12;44 That Wayne Steven Canner, has made,-onsftutcd and appointed, and by these presents does make. constitute and appoint JAMES R. SLOTO, his true and lawful attorney mr him and in hint Mme, place and stead To execute and deliver any and all applications, insuiuments and docurnents as may be requfted by the City of Miami to vacate the ten (10) foot alley (the "Alley") located on the West side of the pmperty legally described as: Lots t and 2, less begin at »:: Southeast comer of Lot 1 and nut North 0.75 feet, West ".993 feet, South 0.86 feet, East 99.993 feet to Point of Beginning, Block 97 N. City of Miami North, according to the Plat thereof recorded in Plat Book B, page 41 of the Public Records of Miami -Dade County, Florida, commonly known as: 230-246 North Miami Avenue, Miami, FL (the "Property") which alley was dedicated to the City of Miami pursuant to instruments filed in Deed Book 564, page 273, and Deed Book 185, page 138, all of the Public records of Miami -Dade County, Florida. Giving and granting unto JAMES R SLOTO, full power and authority to do and perform all and every act and thing whatsoever requisite and neoessary to be done to vacate the Alley as fully, to all irk and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that JAMES R. SLOTO, said attorney, or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness Whereof, we have hereunto set our hands and seats this !J day of &tW_- ..; 2001. Sealed 45djrvered in the pimey of: Print N .. J AYK &7 9 STATE"OFTLORIDA } COUNTY OF MIAMI-DADE } WaK Steven Canner oe��aOQVK a°w�aFtbc+rrx Aoaq► HARVEY AUVIN ctmCow' rrcow The foregoing tttstrttt:gent was acknowledged before me this 3 day oP, 4,' 1tk, mol, by Wayne Steven Canner, who is personally known to me or who has p as identification. ISLOID MRiCtfi'i1T80FRXN �1A aame: 'public, State of Florida I N �'• 1— WqftMMy commission expires: STATE OF FLOR'� " i HEREBY C14RALfti-4k-f original an file in this attic HARVEY RUVIN, CLE Deputy C 6' 02— 113 0 • REE 19582 P6.4514 'hila Wsn went prepared by and record and return m: James R. Sim, Esq. MWIan, Stour, Greenberg & Hellinger, P, A, 200 S. ftcayne Blvd., Suite 2350 Miami, FL 33131 O 1R 1460567 2041 APR 04 1249 SPECL4L POWER OF ATTORNEY Kww All Men By These Presents That Claire Seides. has made, constituted and appointed, and by these presents does male. constitute and appoint JAMES R. SLOTO, her true and lawful attorney for her and in her name, place and stead To execute anti deliver any and all applications, instrunnents and documents as may be required by the City Of Mlami to vacate the ten (10) foot alley (the "Alloy") looted on the West side of the property legally descn'bed as;: Lots l and 2, less begin at the Southeast corner of Lot 1 and rut} North 0.75 feet, West ".993 feet, &Mth 0.86 feet, East 99.993 feet to Point of Beginnhi& Block 97 N. City of Miami North, according to the Pias thereof recorded in Plat Book B, page 41 of the Public Records of Miami -Dade Courty, Florida, commonly known as: 230-246 North Miami Avenue, Miami, FL (the 'Property") which alley was dedicated to the City of Miami pursuant to instruments filed in Deed Boole 564, page 273, and Deed Book 185, page 138, all of the Public Records of Miami -Dade County, Florida. Giving and granting unto JAMES R. SLOTO. full power and authority to do and perforin all and every act and thing whatsoever requisite and necessary to be done to vacate the Alky as fully, to all inoems and purposes, as she might or could do if personally present, with full power of substitution and revocation. hereby ratifying and confirming all that JAMES R. SLO'PO, said attorney, or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness Whereof, we have hereunto set our hands and seals this -Q. day of 200t. Sealed and deli♦ red ' the presence of: 11at% PrintMNal� rhe t 0, rei STATE OF COUNTY OF CU6 Seides cx caweWC0Wr foregoing ittstuatertt was acknowledged before me this day of 2001, by Claire Sues, - who is personally kaown to true or who has produced as idendfication. =;a CCIRMlic, d& 16 4Nam: X- mmission expires: STATE OF FL,ORIDA, COUNTY OF DADE �p co 1 HEREBY CERTIFY !hot the foregI and correct co he ��� CLUA original on 1ile in this olfice. AD oN HARVEY REJVIN, Gi_ERK, nit an_d Gollnty C ris Deputy 0w ..�....� 02-- 113 0 This ituuup M prepared by and mord and re= to.- James o:,tank's R. Sloto, Esq, Mishap. S1010. G1%=berg & llellinger. P.A. 200 S. Biscayne Blvd., Suite 2350 Miami. FL 33131 nC OFF 19582 P6, 4513 SPECIAL POWER OF ATTORNEY Knorr AR Men By Tbew Presents 1] t-'1ft 16056+6 2001 AER 04 12x49 That Arlene Canner, has made, constituted and appointed, and by these presents does make, constitute and appoint JAMES R. SLOTO, her am and lawful attorney for her and in her name, place and stead To execute and deliver any and all applications, instruments and dim as my be requited by the City of Miami to vacate the ten (10) foot alley (the "Alley") located on the West side of the property legally described as: Lots 1 and 2, less begin at the Southeast cornerof Lot i and run North 0.75 feet, West 99.993 fret, South 0.86 feet, East 99.993 feet to Point of Beginning, Block 97 N. City of Miami North, according to the Plat thereof recorded in Plat Book B, page 41 of the Public Records of Miami -Dade County, Florida, commonhy brown as: 230-246 North Miami Avenue, Miami. FL (the "Property") which alley was dedicated to the City of Miami pursuant to instruments filed in Deed Book 564, pale 273, and Deed Book 185, page 138, all of the Public Records of Miami Dade County, Florida. Giving and granting onto JAMES R. SLOTO, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done to vacate tate Alley as fully, to all invents and purposes, as she might or could do if personally present, with fall power of substitution and revocation, hereby radioing and cottitttan all that JAMES R. SLOTO, said attomey, or his substitute sball lawfully do or cause to be done by virtue hemf. In Witness Whereof, we have hereunto set our hands and seals this _ _',' _day of —4UM* 2001. Sealffidelivered in the presence of. Arlene Canner STATE OF FLORIDA COUNTY OF MIAMI-DADE } ww3oh MctwaNa�s?'c OFONSCog�lYM. Roam ilalllrt litlfllll C&fRK C0=0rCouW1 The foregoing instrument was acknowledged before this J.1 day of PWXA 2001, by Arlene Canner, who is personally known to me i W m Ml64t Xanto tom. � N btie, State of Florida t+optMlMM print Name: --Z f �.%t Mghftawr r M.iro�ta My comemssion expires: STATE OF FLORIDA, COUNTY OF DADE I HEREBY C1R'rlFt-rsa4lw.is_ .end..cou2c[ the original on file in this office. — . p(} 70ca HARVEY RUVIN, CLERK, of �i 't and Courlt�r uti ow DepUty Clic �'°� 02- l 3 9 REE 1.9582 Ps. 4512 This instrument prepared by and record and return to: James R. Sloto, Eq. Mishan, Sloto, Greenberg & Hellioger. P.A. 200 S. Biscayne Blvd., Smite 2356 Miami, FL 33131 SPECIAL POWER OF ATTORNEY Know All Men By These Presents 0 0 IR 16056 2tm1 RPR 04 12=44'"' 'a That Stuart Seides, has made, constituted and appointed. and by these pheisents does make, constitute and appoint JAMES R. SLOTO, his true and lawful attorney for him and in him name, place Orb stead To execute and deliver any and all applications, insaumems and documents as nhay be required by the City of Miami to vacate the ten (10) foot alley (the "Alley") located on the West side of the property legally described as: Lots 1 and 2, less begin at the Southeast tourer of Lot 1 and run North 0.75 feet, West 99.993 feet, South 0.86 feet, East 99.99'4:::eet to Point of BC6nnning, Block 97 N, City of Miami North. aoeording to the Plat thereof recorded in Plat Book B, page dl of the Public Records of Miami -Dade County. Florida, commonly known as: 230-246 North Miami A,.vnue, Miami, FL (the "Property-) which alley was dedicated to the City of Miami pursuant to instruments filed in Deed Book 564, page -2 `!3, and Decd Book 185, Mage 138, all of the Public Records of Miami -Dade County, Florida. Giving and granting unto JAMES R. SLOTO, frill power and authority to do and pecib m all and every acts and thing wbaboever requisi a and necessary to be done to vacate the Alley as fully. to all latents and purposes, as he might or could do if personally present. with full power of substitution and revocation, hereby ratifyft and confirming all that JAMES R. SLOTO, said attorney, or his substitute sball lawfully do or cause to be done by virtue hereof. In Witness Whereof, we have hereunto set our hands and seals this day of Sealed andIelivered in du pm%Lc cm of: r Print it Print Narrie+•a++dw.�o..o+aouca Lot C% • OF8101GNw71; J�,Cfi�i .s ��" -� �� � 1 $uert OF {� Is } liUVtli -•sn" COUNTY OF } cumcmCtffraaur. The foregoing imtrument was act uowledged before me this day of2001. by Stuart Seides, who is personally known tome or who has produced �.i.n-s.,� urar?t'y lt1,e>u. as tder►nfrcatioQ. Print Nam:tbH My commission expin STATE OF FLOR10A, COUNTY OF DADE i lIEREBI' CEflilll'-II11�So„eg ore nd cornett ca 06ginal on fila M this office. 02 - HARVEY 14OVIN. CLERK, of f cult and Coo too , bC. Me4l`�. f stl. ofcow" my co log Eqft 10'14sm 1 0 RECOFF 19582 P6.4511 'lie � PvPWW by am rrcard and rennet! la: I== it, Sim, Uq. WdM Stand. GM=*9 & HOW. P.A. WO S. 8bC"0 DWI., 9AM 235%) Miazai, FL 33131 01RI&OS64 2001 APR 04 SPECIAL POWER OF ATTORNRY Know All Men By 11me ft"mU That COUt 1)2=16. Trustee Of the S. DWW5 Trust, has made. ms*=d WW appohad. and by *am presents does mWbc, consWo and appoint JAMES IL SLOTO, his ftft and WvW attormy for him and in tis name, Vl= and stead To cxmm aid deliver any and A Wlkadom WsUu=m sed docusm= as my W inquired by the City of Miami to vwjft ft tea (10) foot alley (tk "Alley") loc=d an the Nest skk- of the property kg ft dc='W as: Lm I and 2, lea begin at the Southeast comw of Lot I and run Nw*0.75 feet, Wen WM fele, Sqwk 0-N6 f14 Eut "."3 fed to POW *fB*mft Block 97 N CityafMumi lqcrdL wcorftlo the ?tat thereof recorded in Mt Book B. Me 41 of the Public Recoub of Miami -Daft Ciounty. Earids, coizowdy known as: 230-246 North Miami Avenue, Miami. FL (the "Propally") whkh alley watt dedicated to the Qty of Miami pursuant to instruments filed in Deed Book 564. pop 273, itud Deed Doak 195, page 13& all or the Public Records of Mitwai-Daft Courcy, Fkaid& GWft mrd gaming tatto, JANIIES R. SLOTO, W power ad authority to do and perform A and every act and thing whawem rapWte and nemsmy to be done to vacate *e A119y as My. to all inOW and purposes. as Colic Datizis might or c=M do if personally present, with hA power of m*sftfion and remocadon. hereby rafi** and configoft all dol JAMES R. SLOTO, said auoracy. or his suW= shall I&wMy do or cense 0 be done by virtue kerenf. in Virmew Whereof, we have hereunto set our bands and seats M 11' day of 20D1. led and delivered in the presence of: /7 , S. Da=is 7hm colin Dam, Thobw CPVAWCCWV RECOWWWWO uAoxwv MrdW 9rA6%1.W, MW JEMY co ' . �;j �. . Wmiment was acknowledged before me this 47'' day Of r-OmatY, 2W1. by CWIR DOWiS. jWsL who is pt ooft !comm to me or whMs prod=ed as 11 L C Notary Public Smc of Now Jersey my commis" evirm: BERUMUKH STATE OF FLORIDA, COUNTY OF DADE cou I HEREBY CEUU-X-.bfll the go correct. co 1 0 original on file in this office. ]U-- -1 AD 2krl HARVEY RAVEN; CLERK, o j C cuit and Count its Deputy Clerk 12149, 02- 113 C' '_:/2081 98:38 30555168 'PETER DE LA ROSA PLS PACE 94 y 9a� rig r { . : b',�7u,�{% tier ��1�� S I ' i. 1;1l i�� ''ti 'r rr':�^f: a;fi„ty�•G�Y�$ ' tow j T*M CITY OF' r4jAMl is COUNTY OF DAAR, STATE OF FLORIDA Ttits WAkMrvTY DIM). made this,,...,,.12th-.day of,,..,.. 19,10- by and t?etwcen THE CITY OF MIAMI- a 011301cipal eorpatation of the State of Florida, in tiro County of Da " of the Sgt part. as grantor. ani......era 8� o/o I:arnld Zinn, 605 Uncoln Head, Beach, Florida, of the second part, as granter ( the word " graantce" meaning either singular Or plural and including the heirs, nsalgns, personal reprexrn- t&ttvice, and sacccnora thereof, where the context so requires or admits), WtTtVESSICTbt: That the said grantor, for and in consideration of the sum of One Dollar ($1.00) nwid to the grantor by the grantee, the receipt whereof Tat hereby acknowledged, and other valuably. can• s,derations, has granted, bAraained, sold and conveyed, and dors hereby grunt. bargain, sell and convey :o the said grantee forever, that certain real ntate Situate. lying and being in thG State of Florida. County ui D.Hdc, City of Miami, particularly deaCribed as follows, to -wit: Lots 19, 201, 21 and 22 in Blook 97 North, a a o o riling to Xnowl t o,n' a Mjp of kl roar Dade County, Florlds as reoordod In Flat look "B" at Page 41 Of the Publio Records o.t Dade County, Florida, e et . 19330 Tha C lty of Miami retains a peraaa nazat easement tort and one halt (10 -1/2) -feet in width off of the South aide of said Lots 199 20, 21 and 22 Of 2100k'97 North for eidewalk purposes. And titre Fahr grnntor docs hereby fully warrant the title to said rcnl (state and will defend the same riggoinst ths. lawful claims of all persons whotnsoever Z'VCXPT tia-NtrrsT: 1. Current taxes, building and other subdivision restrictions a( record, And lintiitationa imposed taow c,r lkerrafter by atoning taws. �F-11-2001 11:45 3055516886 P. 004 02- 113 04,1./2001 00:36 3055516886 .-PETER DE LA R05A& PAGE 05 S7AT6 Or FWMA CoVNT'Y OF DAUX I, an officer authorized to take xcknowledgrnents. Rjauxy C1L Twv that on thea. -.,212. L__.,. -.day of personally appeared before m =1w. �. iio�e�rirr►i �. -� _ _ 4� -� and..- F.,- L.. O=zsl a ......... ............. , ..,._.... Aotirn` .., Imown to tae to be thelCity Manager and the City Clerk. resp¢ctively. of THE CITY OF MIAMI, a municipal corporatina in sad under the laves of the State of Florida. and known to me to be the parsons who executed the foregoing insUvrnent, and they severally acxnowledge the execution thereof to be their free and voluntary act and deed as such offlcw%, for the -ries and purposes therein expressed, and that they affixed thereto the official teal of the said municipal cacporation, all by and with the authority of law and of the City Carnmlasiork and that the said instru- ment is the free nd formal act of the said raunicipRI corporation, • WrrXEM my hand and official seal in said County and State the day and year last 0resaid. .-......... Not ~of F a rY � loud at Large My Commiaslon expires: aRT[��tl 1 Y 4ii.AF}I�d CdIS4A�•v ;'r. C r IJ ..• 1 i w G+�{ 0 ' ( A •M=' -11-2801 1145 3055516886 IM- 02- 113 0-'1 /2001 00:38 305551 STATE OF FLOIMA COUNTY OF DADE .SS PETER DE LA ROSA PAGE 06 . I HEREBY CERTIF T that on this dayersonall,yr appeared before me, an, officer duly authorized to administer oaths and take acknowledgments C01ME R. TU TTLE, a widow, individually and, as the survi.vin ►widow of and as the sole 1e94tee and devisee under tie Last Wil and Testamant of henry Ethelbert Tuttla, Sr, and as Executrix of and under the Last Will and Testament of said Henry F,helbert Tuttle, Sr, deceased, LEONARD M. TUTTLE wife, DORCTHY E. TUTTLE, and H. E. TUTTLE, joined by�hisgwi,fe his STELLA W. TUTTLE, to Me W021 known and known to me to be the Individ- uals described in and who executed the foregoing instrument and t}iey aekriowledt;ed before me that they executed the same freely voluntarily for the purposes therein expressed. and AND Z FURTUER CT;RT1F'Y that, the said DOROTHY A. TUTTLE rf •iown to me to be the wire of the said LEONIMiD I*.." TUTTLE, and the 0, -;id :iTr1j,�, V;. '!'U 'TI,E L N. known to me to be the wife of the said TL:TTLE, on a separate and private examination taken and made b: and before ineseparately and apart from their resPective hus- bands, die} ackrwkedpe that they made themselves parties to said 37sts°umct:t :'or the purpose of renouncing, relinquishing and convey- iO3g all of their richt, title and interest, whe.Gher of dower, P--)Mesread ars of gl-TRrste F+roperty, statutory or equitable, in and t ) the lands described therein and that they executed the -said froely and voluntarily and witijout any compulsion, c•.>rtstraint, apprehetiaion or fear of or from their respective husw t Inds. rI,ITNLZS my band and official seal at y'iiami County of Statc Of Plorida, this � day of June, 4. U. 1946. -'F-11-2001 11:46 ary Yubl•id Ste o B,;y Commission expires: 3055516886 I'lorida at. Lame P.006 02-- 113 r 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 subdivision repiat ("Replat") covering the real property hereinafter described, it is hereby certified that I have examined the Commitment for Title Insurance ("Title Commitment One") issued by Commonwealth Land Title Insurance Company, File No. 0102440 (Commitment No. 864-638733); Endorsement No. I thereto issued by Lawyers Title Insurance Corporation dated April 12, 2001; Endorsement No. 1 also issued by Lawyers Title Insurance Corporation dated September 6, 2001; and Endorsement No. 2 issued by Lawyers Title Insurance Corporation dated October 8, 2 00 1, copies of which are attached hereto, with a continued Effective Date extended to September 13, 2001 at 12:01 a.m. ("Effective Date/First Parcel") for the following described property (the "First Parcel'): Lots 3, 4, 5, 6,19, 20, 21, 22, Block 97N, of CITY OF MIAMI NORTH, recorded in Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida. and that Commitment for Title Insurance ("Title Commitment Two") issued by Commonwealth Land Title Insurance Company, File No. 00005614 (Commitment No. 864-875899), including Endorsement I dated December 5, 2000, Endorsement 2 dated January 12, 2001, Endorsement 3 dated March 8, 2001, Endorsement 3 dated April 3, 2001, Endorsement 4 dated May 15, 2001, Endorsement 5 dated August 7, 2001, Endorsement 6 dated September 5, 2001, and Endorsement No. 7 dated October 8, 2001, copies of which are attached hereto, with a continued Effective Date extended to September 13, 2001 at 12:01 a.m. ("Effective Date/Second Parcel") for the following described real property (the "Second Parcel'): Lots 1 and 2 of Block 97N, MAP OF MIAMI DADE CO. FLA., less beginning at the Southeast corner of Lot 1, run North 0.75 feet, West 99.993 feet, South 0.86 feet, East 99.93 feet to the point of beginning, according to the plat thereof as recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida. Basing my opinion solely on Title Commitment One and Title Commitment Two through Effective Date/First Parcel and Effective Dade/Second Parcel, I am of the opinion that on the above - referenced effective dates and Title Commitment One and Title Commitment Two, fee simple title to the First Parcel and the Second Parcel was vested in: 02- 113 1. First Parcel: _ A. Lots 3 and 4 DEPARTMENT OF OFF STREET PARKING OF THE CITY OF MIAMI and B. Lots 5, 6, 19, 20, 21 and 22 CITY OF MIAMI 11. Second Parcel: A. Lots 1 and 2 (i) Colin Danzis, Trustee of the S. Danis Trust as to an undivided 50% interest in the Land; (ii) Caryn B. Canner Schwartz, as to an undivided 6.25% interest in the Land; and (iii) Stuart Seides as to an undivided 6.25% interest in the Land; and (iv) Wayne Stuart Canner as to an undivided 6.25% interest in the Land; and (v) Felice S. Canner Sorel as to an undivided 6.25% interest in the Land; and (vi) Claire Seides as to an undivided 12.5% interest in the Land; and (vii) Arlene Canner as to an undivided 12.5% interest in the Land. The First Parcel and the Second Parcel may hereafter collectively be referred to as the "Property." Subject to the following encumbrances, liens and other exceptions: _2_ 4 02- 113 0 • RECORDED MORTGAGES: NONE 2. RECORDED MECHANICS LIENS, CONTRACT LIENS, LIS PENDENS AND JUDGMENTS: NONE GENERAL EXCEPTIONS (a) All taxes or assessments which are not shown as existing liens by the Public Records or which maybe levied or assessed subsequent to the date hereof. Said taxes become alien as of January Pt of each year, but are not due and payable until November 1 S' of that same year, pursuant to Section 197.33 of the Florida Statutes. (b) Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. {c) Rights or claims of parties in possession, not shown by the Public Records. (d) Any mechanics or materialmen liens or right to lien, for services, labor or materials heretofore or hereinafter, furnished, imposed by law and not shown by the Public Records. (e) Zoning and other restrictions imposed by governmental authority. (f) Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Effective Date set forth above. (g) Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid services charges for services by any water, sewer or gas system supplying the Property. 4. SPECIFIC EXCEPTIONS: A. First Parcel: A ten and one-half (10-112) foot easement in width off the South side of Lots 19, 20, 21 and 22 of Block 97N for sidewalk purposes, as set forth in that Warranty Deed dated June 12, 1946, recorded in Official Records Book 2705, Page 519. -3- 02- 113 • 0 B. Second Parcel: (i) Matters reflected on that ALTA/ASCAM Land Title Survey prepared by Peter De La Rosa PLS, Inc., Job Number 111200 dated November 14, 2000, last revised January 10, 2001. Metrorail Resolutions recorded in O.R. Book 12253, Page 1389; Official Records Book 12669, Page 3181; Official Records Book 13021, Page 751; Official Records Book 13410, Page 794; Official Records Book 13881, Page 99; Official Records Book 14202, Page 2632; Official Records Book 14646, Page 2358; Official Records Book 15168, Page 1887; Official Records Book 15615, Page 986; Official Records Book 16851, Page 627; Official Records Book 17326, Page 3982; Official Records Book 17785, Page 4160; and Official Records Book 18478, Page 889. (iii) Dedication recorded in Deed Book 564 at Page 273. (iv) Dedication recorded in Deed Book 185, Page 138. All the foregoing references to recording are to lire Public Records of Miami Dade County, Florida. FACTS It is our understanding that the referenced owners are replatting the First Parcel and the Second Parcel and such replatted Property will be known as the "Canner Plat." We have been advised that a Tentative Plat proposing the vacation of that ten and one-half (10-112) foot easement in width for sidewalk purposes off the South side of Lots 19, 20, 21 and 22, of Block 97 N, as set forth and reserved in that Warranty Deed dated June 12, 1946, recorded in Official Records Book 2705, Page 519, specifically referenced in Section 4(A) above and that Public Right -of -Way recorded in Deed Book 564, Page 273, and Deed Book 185, Page 138, specifically referred to in Section 4(B)(iii) and (iv) above, have been filed with the Plat and Street Committee of the City of Miami, that all documents in conjunction therewith have been properly filed with said Committee and the proper notice will be given to the public and particularly to owners of real estate within 500 feet of the First Parcel and the Second Parcel. It is our further understanding that the City of Miami has requested an Opinion as to the ultimate ownership of the First Parcel and the Second Parcel as a result of such Tentative Plat application and replatting of the Property. -4- 02-- 113 i 0 DISCUSSION Upon proper vacating of the easement set forth in Section 4(A) above; and closure and vacation of all rights of the public to use the two (2) easements referenced in Section 4(13)(iii) and (iv) above, fee simple title to Parcel One and Parcel Two will belong to the owners as set forth herein. OPINION Based on the presumption that Parcel One and Parcel Two have been properly dedicated to public use and accepted and on the further presumption that the proper and appropriate steps will be taken to close and vacate the easements dedicated for public sidewalk and right-of-way as above described, it is our opinion by virtue of the Title Commitment One, Title Commitment Two and Section 177.085, Florida Statutes, that the easements dedicated for sidewalk set forth in Section 4(A) above will become the property of the City of Miami; and the easements dedicated for public right- of-way set forth in Section 4(B)(iii) and (iv) will become the property of (i) Colin Danzis, Trustee of the S. Danzis Trust as to an undivided 50% interest in the Land; (ii) Caryn B. Canner Schwartz, as to an undivided 6.25% interest in the Land; and (iii) Stuart Seides as to an undivided 6.25% interest in the Land; and (iv) Wayne Stuart Canner as to an undivided 6.25% interest in the Land; and (v) Felice S. Canner Sorel as to an undivided 6.25% interest in the Land; and (vi) Claire Seides as to an undivided 12.5% interest in the Land; and (vii) Arlene Canner as to an undivided 12.5% interest in the Land. The Owners of Parcel One and Parcel Two are the only parties which are necessary to join in the Re -Plat of the Property. 1, the undersigned, further certify that I arm 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 22nd day of October, 2001. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. By __ ... Robert E. Gallagher, Jr., Esq. Florida Bar No. 0098815 -5- 150 West Flagler Street, Suite 2300 Miami, Florida 33130 305-789-3300 02- 113 0 SWORN TO AND SUBSCRIBED before me this 22nd day of October, 2001, by Robert E. Gallagher, Jr., Esquire. Helene W. Estel, Notary Public JAREG135970.00210pin. oFTit1e-n1.wpd IRI OFFICIAL NOTAKYSEAL HELENS W EML NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. D0018278 MY COMMISSION EXP. APR.17,2WS 02- 113