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HomeMy WebLinkAboutR-02-0241J-02-140 02/13/02 RESOLUTION NO. 02- 2 41 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 AND AREAWAY NORTH OF NORTHWEST STH STREET, SOUTH OF NORTHWEST 6 T STREET, WEST OF NORTHWEST 6TH AVENUE, AND EAST OF NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of January 28, 2002 Item No. 3, duly adopted Resolution No. ZB 2002-OS16 by an eight to zero (8--0) vote, RECOMMENDING APPROVAL of closing, vacating, abandoning, and discontinuing a portion of an alley and areaway (hereinafter referenced to as 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 f CITY mm wrx. un MM 0 7 2002 Ftseac�st#wa.1�°u• , 02" 241, 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 an alley and areaway (hereinafter referenced to as the "public right-of-way"), located north of Northwest 5th Street, south of Northwest 6th Street, west of Northwest 6th Avenue and east of Northwest 7th Avenue, Miami, Florida, as legally described in attached "Exhibit A," is closed, vacated, abandoned and discontinued for public use. Page 2 of 3 o2— 2 41 0 0 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor'/ PASSED AND ADOPTED this 7th day of March ATTEST: SY�eNIG A SCHEIDER AC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: r. �, /, / AL JANDRO VI ARELLO C Y ATTORN Y W6003:YMT:smq 2002. GG MANUEL A. DIAZ,iMA R 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 02— 241 �?IRTION SAND I I I I I I 4116 Q SKETCH Exhibit "A" rte; Scale 1"= 50' LEGAL DESCRIPTION FOR AREA WAY TO BE VACATED: A portion of ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida, described as follows: COMMENCE at the SW corner of Lot 2, ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida; thence Easterly along the South line of said Lot 2 for a distance of 67.20 feet to the POINT OF BEGINNING; thence continue Easterly, along the South line of Lot 2, for a distance of 25.00 feet to the Southeast corner of Lot 2; thence Northerly, along the East fine of Lots 2 and 1 for a distance of 49.96 feet to the Northeast corner of Lot 1; thence Easterly along the Easterly extension of the North line of the Lot 1 for a distance of 25.00 feet; thence Southerly along the East line of the Area Way in ADRIANCE SQUARE for a distance of 119.78 feet to a point of curvature, said point also being the NW corner of Lot 10; thence Northwesterly along the arc of a curve concave to the Northeast having a radius of 50.00 feet for an arc distance of 78.54 feet, the chord of said curve deflects 135' to the left from the lost described course; thence Northerly along the East line of Lot 3 and its Northerly extension, for a distance of 19.86 feet to the POINT OF BEGINNING. Containing 0.097 acres more or less. File No. 01-662 7-26-01 DELTA. SURVEYORS, INC. rnam j-&-6&. MILAGROS NGEL--13ELLO PROFESSIONAL SURVEYOR AND MAPPER NO. 6166 CERTIFICATE OF AU T HORIZATiON L.B. NO. 3386 STATE OF FLORIDA 02-- 241 0 � PZ 2 ZONING FACT SHEET Case Number: 2001-0516 28 -Jan -02 Item 3 Location: See Request Below Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Adrienne F. Pardo, Esq. on behalf of Trinity Resources International, LLC 1221 Brickell Avenue Miami, FL 33131 App. (305) 579-0683 Zoning: C-2 Liberal Commercial Request: Official vacation and closure of an alley and areaway north of NW 5 Street and east of NW 7 Avenue. Purpose: This will provide a unified development site. Recommendations: Planning Denial. Public Works: Please see attached. Plat and Street Committee: Please see attached. Dade County No comments. Enforcement History, If any Case No: Last Hearing Date 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: Analysis: Please see attached. Zoning Board Resolution ZB 2002-0516 Zoning Board: Recommended approval to City Commission. Vote: 8-0 City Commission: NIA. Q2- 241 PUBLIC WORKS ANALYSIS FOR Vacation and Closure of a portion of an alley parallel to and north of NW 5 Street, east of NW 7 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 north of NW 5 Street, east of NW 7 Avenue, and determined that the closure of the alley 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 is not part of the critical pedestrian and vehicular transportation network for the neighborhood. The Plat and Street Committee has reviewed the tentative. plat of "Trinity Resources" and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of this alley 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 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 closure and vacation request. 02- 241 'I T CULMER %��m MEN N.W. 11 1410Hl.ANO +Iar� Q G 3T 0 T 11Tr P A SGHI.0 L .. ... ?,ilA -I� et,s� �71h7:yelh�:>I1, •'1 5T D CULMER VILLAS N. TRACT "13" PM 2 Q b .W.BS' � gyp . V �O S 1 �i �J � TRACT ,.0� 3 R 5 ' 4 Yw 11 1 � 3 2�• ] T „ • 17 l0 7 8 7 6 5 4 1 2 I a F + 4 B! '+ ' 24 a S+ to - m� A A A i P A h �iC TRAGI e-2 B i 2[] 3. 22 2] 34 T z "•� li 1 3 z I' Is 1 r Art I19 5T N.w. 2 1sJ 12 11 10 4 e T 4 q ! 7 1 lag 1 a ]1RAL7AG !♦ Iq 14 1! la 14 x031 22 xs , 2]7 I] v2 1 i$ X116 1 RE TRACT 'A" JEFFERS N R. IEEALTH HTE TRACT �B' s� ell ,x lu , II« �Ci 6 TF11,11, "fs FIJI I I NOR rk oromsomama'emu ON I quo al 1=11 mn ogo i1 401 m • TRACT@ sae• 4 ' e b 166u'1 A A A A Q111 4 A A. A a F • I V 1 S '+ ' 24 5 6 7 j m� A A A i P A h a[ry TRAGI e-2 TF11,11, "fs FIJI I I NOR rk oromsomama'emu ON I quo al 1=11 mn ogo i1 401 m , � IG 7 2 1R $7 s , a a• 1 „ t o l / \� LUMMUS PARK 11 q n x11 1 k2 [! 14 i7 1.a 1T 14 is ao- .0 11 Ix 13 14 17 A 1T 14 Gy \\ \ AO�a. 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WEST 1 0 7 a r a s 1] x l n 7 A 7 q4. ! z 1 a 7 e 7 a 7+ s 1 10 .. 7. y,! 2 I q. 2 \ 2 a 2 W>o•7lx 17 f4 Iq14 I7 lar4 0 SI l2 q IL 11 IA x0 .f I, I2 13 laIq 14 [7 11 Is 0 d •' > } 7 - II 1\ ` � ohn 10 - . A`\ •\ Ee4 eD , 7 s 7 a s a 9 x v n Io • e T a s. !4 Ilium e A M.0 w 11 12 A 1415 Is 17 la o ;g t2 IS 1415 la 17 le I. zoo tl •ia1 4 =LAGLER S7. WEST 1 0 7 a r a s 1] x l n 7 A 7 q4. ! z 1 a 7 e 7 a 7+ s 1 10 .. 7. y,! 2 I q. 2 \ 2 a 2 W>o•7lx 17 f4 Iq14 I7 lar4 0 SI l2 q IL 11 IA x0 .f I, I2 13 laIq 14 [7 11 Is 0 d •' > } 7 - II 1\ ` G� Miami Zoning Board* Resolution No.: 2002-0516 Monday, January 28, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF AN ALLEY AND AREAWAY NORTH OF NORTHWEST 5TH STREET AND EAST OF NORTHWEST 7TH AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. Upon being seconded by Mr. Georges Williams, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Abs Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: i Ms. Fernandez: Motion carries 8-0 Teresita L. Fernandez, Executive Secreta Department of Planning and Zoning - Hearing Boards Division Case No. 2001-0516 Item Nbr: 3 o2- .241 RIPTION SAND SK'ItTCH Esbibit "A" 0 Scale i "" 50' LEGAL DESCRIPTION FOR AREA WAY TO BE VACATED: A portion of ADRIANCE SQUARE. according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida, described as follows: COMMENCE at the SW corner of Lot 2, ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plot Book 16 at Page 14 of the Public Records of Dade County, Florida; thence Easterly along the South line of said Lot 2 for a distance of 67.20 feet to the POINT OF BEGINNING; thence continue Easterly, along the South fine of Lot 2, for a distance of 25.00 feet to the Southeast corner of Lot 2; thence Northerly, along the East line of Lots 2 and 1 for a distance of 49.96 feet to the Northeast corner of Lot 1; thence Easterly along the Easterly extension of the North line of the Lot 1 for a distance of 25.00 feet; thence Southerly along the East line of the Area Way in ADRIANCE SQUARE for a distance of 119.78 feet to a point of curvature, said point also being the NW comer of Lot 10; thence Northwesterly along the arc of a curve concave to the Northeast having a radius of 50.00 feet for an arc distance of 78.54 feet, the chord of said curve deflects 135' to the left from the last described course; thence Northerly along the East line of Lot 3 and its Northerly extension, for a distance of 19.86 feet to the POINT OF BEGINNING. Containing 0.097 acres more or less. File No. 01--662 7-26-01 DELTA, SURVEYORS,INC. I ► 1 a4l) " t.c�-c�/&O. MILAGROSANGEL—BELLO PROFESSIONAL SURVEYOR AND MAPPER NO. 6166 CERTIFICATE OF AUTHORIZATION L.B. NO. 3386 STATE OF FLORIDA 02-- 241 'IPT{ON 9 � AND 0 SKETCH hg:xhj6JA-2" 0 I Scale 1"= 51Y LEGAL DESCRIPTION FOR ALLEY TO BE VACATED: A portion of ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida, described as follows: `- BEGIN at the SW corner of Lot 2, ADRIANCE SQUARE, according to the Plat thereof, as .recorded in flat Book 16 at Page 14 of the Public Records of Dade County, Florida; thence Easterly along the South line of said Lot 2 for a distance of 67.20 feet; thence Southerly along the Northerly extension of the East Line of Lot 3, for a distance of 10.04 feet to the Northeast Corner of Lot 3; thence Westerly along the North line of Lot 3 for a distance of 67.20 feet; thence Northerly along the East Right—of—Way line of N.W. 7th Avenue, ' for a distance of 10.04 feet to the POINT OF BEGINNING. Containing 0.015 acres more or less. File No. 01-662 7-26-01 DELTA SURVEYORS, INC. MILAGROS INGEL—BELL0 PROFESSIONAL SURVEYOR AND MAPPER NO. 6166 CERTIFICATE OF AUTHORIZATION L.B. NO. 3386 STATE OF FLORIDA 02- 241 �# of ffliantT r t GF,� � fx JOHN H. JACKSON, P.E. Director .111.1 111111 " 1111 1` I C fl.. fop December 7, 2001 Trinity Resources international, LLC 2313 SW 57 Terrace Hollywood, FL 33023 Dear Ladies and Gentlemen: TRINITY RESOURCES (FIRST RESUBMITTAL) TENTATIVE PLAT #1589-A CARLOS A. GIME.NEZ Cit%• ,xlanager The city of Miami Plat and Street Committee, at its meeting of December 6, 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. in the location sketch: a. The scale must be 1" = 300' b. Provide a fractional/sectional legal description. C. Label the area to be platted as TRINITY RESOURCES. d. Show existing subdivisions to the west of the proposed plat area; also include block number and plat book and page numbers. e. Provide zoning information for the proposed plat area and adjacent subdivisions; also show Zoning Districts lines. 2. Provide proposed lot and block numbers or tract(s) number(s). Also include square footage areas. 3. Refer zoning information as according to City of Miami Zoning Ordinance 11000, as amended in the surveyor's notes. 4. Indicate that the property is vacant. 5. Any existing structure, including CBS walls and chain link fences located in the areas to be dedicated for right-of-way, must be removed before final plat submittal. 6. A plat approval letter from the Florida Department of Transportation is required prior to final plat. 7. Provide an expressed purpose statement for the alley and areaway to be closed and vacated. DEPARTMENT OF PUBLIC WORKS 1444 S.W. 2nd Avenue/Miami, Florida 331301(305)416-1200/Fax:416.2153 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 02- 2 41 Trinity Resources International, LLC TRINITY RESOURCES (FIRST RESUBMITTAL) TENTATIVE PLAT #1589-A December 7, 2001 Page two 8. In the title block, include "City of Miami" and the correct legal description. Reference Adriance Square, Plat Book 16 at Page 14. Also, Adriance Square is not to be referenced to the plat of Miami, Plat Book 4 at Page 41. correctly reference the plat of Miami, Plat Book B at Page 41. 9. Provide a north arrow at the location sketch. 10. The opinion of title must cover the entire property to be platted. 11. verify if there are utilities in the alley and areaway to be closed and vacated. if so, utilities must be relocated or easements provided. 12. An opinion of title as to reversionary rights for the alley and the areaway to be closed and vacated will be required by the Zoning Board. The opinion of title must also address whether or not there are any individuals, in addition to the abutting property owners, having an interest in the rights-of-way to be closed and vacated. A copy of the opinion must be provided to the Public Works Department. 13. Sketches and legal descriptions, with square footages for the proposed alley and areaway, will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the Hearing Boards, at 305-416-2030. Provide copytiesl to the Public Works Department. Please make sure they are submitted on 81/2 -by 11" paper. 14. Correct the spelling errors in the legal description. 15. Provide the intent for the proposed site development. 16. At the Northwest and Northeast corners, identify the external areas of the 25 - foot corner radius as right-of-way to be dedicated by this plat. Provide a square footage for the external area. 17. Correctly identify the limits of the plat along N.W. 7 Avenue. 18. The Plat and Street Committee In reviewing the request to close and vacate the alley and areaway located north of N.W. 5 Street and east of N.W. 7 Avenue 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 alley and areaway. In addition. to -the -above-requirements;-you should be aware of the following: 1. state and focal 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. 02- 241 Trinity Resources International, LLC TRINITY RESOURCES {FIRST RESUBMITTAL) TENTATIVE PLAT #1589-A December 7, 2001 Page three • 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc. caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be IsSued on the property being platted until the final plat is recorded. Also, the Certificate of occupancy for any building construction will be issued only after all the required subdivision Improvements have been completed. Q. 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 concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, Jahn H. Jac on, P. E. Chairman, Plat and Street Committee JHJ/UH/rjf Enclosure: Contact Sheet c: Delta surveyors/Waldo Paez 13205 SW 137 Avenue, #225 Miami, FL - 33186 Plat and Street committee Members bc: surveys Civil Engineering Central Ms. Adrienne Pardo Greenberg Traurig 1221.Brickell,Avenue Miami, FL 33131 02- 241 • CITY OF MIAMI - OFFICE OF HEARING BOARDS APPLICATION FOR OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY !rr*lrrrr�wrYiefh►wrw IYwwwwwwwlrrVrwkfFwr+Frrwktl*#wwwwrrwwwwlrrr,krw.ptkwA#Flrr*r�erwrrrw#iYirrr�ww frwr wwwirrrwwwrAAwwwwwwwwwww w*frwryrwrwr rwwsrw r 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. rrrrwwwwwwwwwwwwwwrw*wwww wwwwrwwrrrrr-kwrrrrrrwrrr rrr�rwrre+rr,e�,wrxrwrsr,uw*wr�,rrrrr,rwrwwwwwrwrrr wwrww**wrwwwwwirwwr wwwwwww wrw**r-r r -i NOTE. 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. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE ANY BOARD OR COMMITTEE AND THE CITY COMMISSION. ,,Adrienne F. Pardo, on behalf of Trinity Resources International, LL hereby apply to the City Commission of the City of Miami in accordance with Section 55-15 of the Code of Ordinance of the City of Miami as more particularly described herein and, in support of that request, fumish thg follov�rirp information: alley closure73 1 Area way 4,195 PofaF) 'square feet. 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 4. Tow 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 for the area, within one year from the date of application. 5. Surveys need to be stamped by the Office of hearing Boards and signed by Public Works, Zoning and Planning prior to submittal of application. 6. Affidavit and disclosure of ownership of property ' covered by applications 'and disclosure of interest from (attached to application). 7. Certified list of owners of real estate within a�-foot radius of the outside boundaries of property covered by the application. 8. At least two photographs that show the entire property (land and improvements). 02- 241 f� 9. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 10. Attach Opinion of Title (note: an update shall be required if more than 3 months elapse before Zoning Board 'or City Commission approval). 1 i . Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). i 12. Cost of processing, according to Section 62-156 of the Zoning Ordinance: 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 Maximum $ 1,200.00 $ 1,700.00 Public hearing mail notice fees, including cost of handling and mailing per notice $ 3.50 13. All documents, reports, studies, exhibits, 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 Approximately 550 N.W. 6th Avenue, Miami, Fi. See attached Exhibit'"A" AND MORE PARTICULARLY DESCRIBED AS: Lot(s) Area .way see attached Exhibit _"B" Block(s) Ailey Closure see attached Exhibit .Subdivision Signature _. Name... . Adrienne F. .Pardo Address 1221 Brickeli Avenue Miami, Fl 33131 Telephone Date -02- 2.41 2 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20 01 ,by Adrienne F. Pardo known to me or who has produced as identification and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE • day of _ ffka who is personally Name: --,,€. Notary Pubfic-_Sti „�. T�-� o �7, Commission, r ' :_''C My Commission 'Ptr s" NXJo �7 The foregoing instrument was acknowledged before me this day of 20 , by of corporation, on produced a behalf of the corporation. He/She is personally known to me or has as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20 , by behalf of He/She is personally known to me or -who- has produced as identification and who did (did not) take an oath. day of _ partner (or agent) on a partnership. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 02- 241 AFFIDAVIT Before me, the undersigned authority, this day personalty appeared Adrienne F. Pardo , who being by me first duly sworn, upon oath, 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 Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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. 3. That the pages attached hereto and 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. STATE OF FLORIDA COUNTY OF MIAMI-DADE W_ 0 A /% __Pla A, t, le' Applicant's Signature Adrienne F. Pardo The foregoing instrument was acknowledged Before me this day of 20 41 , by Adrienne F. Pardo who is personally known to me or who has produced as identification and who did {did not} take an oath. Name: Notary Public Commissionf�' My Commiss 2IGOL R GON?ZALEZ UC STATE OF FLORIDA TOT•' NO. CCS 34='2M, 02— 241 OWNER'S LIST Owner's Name Trinity Resources International, LLC Mailing Address 2313 S.Q.W. 57 Terr. Hollywood,Z p Code 33023 Telephone Number 954-985-6750 Legal Description: See attached Exhibit '.'A" 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 375 feet of the subject site is listed as follows: None Street Address Legal Description Street Address Legal Description Street Address Legal Description 02:.- 241 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property, 550 N.W. 6" Avenue See attached Exhibit "A" Legal description for areaway and alley are attached as Exhibit "B" 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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 trust, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit "C" 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. None STATE OF FLORIDA COUNTY OF MIAMI-DADE e foregoing 1t 2001 by produced oath. Owner or Attorney for 6camer Adrienne F. Pardo instrument was acknowledged before me thisw day of Adrienne F. Pardo , who is personally known to me or who has as identification and who did (did not) take an Name: Notary Public -State of- rida Commission N---•�""'mr C, _ gCVrARySEAL My Commissio Exp>�gpL R GGNZALFZ NMARY PMLr- STATF of FLORIDA COMMISSION! No. CCM30 MY Co mg. ION eXp. SEPT 12,2f3U2 02- 241 0 EXHIBIT "A' Legal Description for Entire Parcel LEGAL DESCRIPTION: Lots 1, 2, 3, 4, 55, 6, 7, 8, 9, 10, and the Northerly 1100 feet of , Lots 'I and I", LESS the -1e tarty- 7.5 feet of. Lot. '12 i3nd ,V of Lots 7. 18 19 20 4 22- LESS the Southerly '10 feet . of said Lots dedicated of records for street and/or sidewalk pur'POSeS; Clit in Block 70 North, Ly of Mi0a,ji, iac,--ording to the Plot 'hereof, recorded in Plot Book "B", Poge 41, of the Public Records of Dade County, Florida, containg 121,682 sq. it 2,719 or -i-. Together with: The South 50 feet of Lots 11 and 112 ar.id ad of the Lots 113' and 14, Block 70, NOR7H 0 THE CITY OF MIAMI, FLORIDA according to the map and plot of said City made by A.L. Knowlton, cis recorded in the Plat Book B, Page 41, of the Public Records Dade of County, Florida, less the deeded to the city for street purposes by deed dated June 18. 1924, recorded in Deed Book No, 432, Page 264 of the Public Records of Dade County, Florida. ,vhich property is also known and described cs 1-0ts 1 through. 10, inclusive, and Alley and Areaways of ADRIANCE SQUARE, accordina to the Pict thereof, as recorded an P1.01L 11C-, at Page 114, of the Public Records of Dade -'ount%jl Florida, -Containing 19,758 vc ft. 0.45 acres more or less. AND Lot 21, less the Southerly 10 feet of said iot dedicated of record for the street and/or sidewalk purposes, in Bloci< 70 NORTH, 'C'ITY OF MIAMI, according to the plot thereof, cis recorded in Plot Book "S", at Page 41, of the Public Records of Miami—Oade County, Florida. 'A0 ■ �. Exhibit "B" LEGAL DESCRIPTION FOR AREA WAY TO BE VACATED: A portion of ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida, described as follows: COMMENCE at the SW corner of Lot 2, ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida; thence Easterly along the South line of said Lot 2 for a distance of 67.20 feet to the POINT OF BEGINNING; thence continue Easterly, along the South line of Lot 2, for a distance of 25.00 feet to the Southeast corner of Lot 2; thence Northerly, Wong the East line of Lots 2 and 1 for a distance of 49.96 feet to the Northeast corner of Lot 1; thence Easterly along the Easterly extension of the North line of the Lot 1 for a distance of 25.00 feet; thence Southerly along the East line of the Area Way in ADRIANCE SQUARE for a distance of 119.78 feet to a point of curvature, said point also being the NW corner of Lot 10; thence Northwesterly along the arc of a curve concave to the Northeast having a radius of 50.00 feet for an arc distance of 78.54 feet, the chord of said --urve deflects 135' to the left from the last described course; thence Northerly along the East line of Lot 3 and its Northerly extension, for a distance of 19.86 feet to the POINT OF BEGINNING. Containing 0.097 acres more or less_ LEGAL DESCRIPTION FOR ALLEY TO 13E VACATED: A portion of ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Brook 16 at Page 14 of the Public Records of Dade County, Florida, described as follows: BEGIN at the SW corner of Lot 2, ADRIANCE SQUARE, according to the Plat thereof, as recorded in Plat Book 16 at Page 14 of the Public Records of Dade County, Florida; thence Easterly along the South line of said Lot 2 for a distance of 67.20 feet; thence Southerly along the Northerly extension of the East Line of Lot 3, for a distance of 10.04 feet to the Northeast Cornier of Lot 3; thence Westerly along the North line of Lot 3 for a dis'tande of 67.20 feet; -thence 'Northerly along- the least Right---of—Way line of N.W. 7th Avenue, for a distance of 10.04 feet to the POINT OF BEGINNING. Containing 0.015 acres more or less. 02- 241 Ownership Disclosure _ Exhibit "C" Acorn Development Corp. 33.3% Owned by: Stephen Vitiello 95% Franco Vitiello 5% Capo Development Corp. 33.3% Owned by: Ernest Caparelli 100% Marzano Development Corp 33.3% Owned by: Dominick Marzano, Sr. 50% Angelo Marzano 50% 100% 0�— 24t OPINION OF TTI~LE TO: CITY OF MIAAH, a municipal corporation With the understanding that this opinion of title is furnished to CITY OF MIAMI, FLORIDA, and that in compliance with Section 54.5-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision replat including the real property hereinafter described, it is hereby certified that we have examined (i) Owner's Title Insurance Policy No. OPM-1973832 issued by Attorney's Title Insurance Fund, Inc. having an Effective Date of December 15, 2000, (the "Title Policy"), which title information covers the period from the beginning through December 15, 2000, at 8:52 a.m. and (ii) the Attorney's Title Information Display System title search updates having Effective Dates of July 18, 2001 and November 12, 2001 (the "title search updates"), which title information covers the period from the BEGINNING through November 12 , 2001, at 11:00 p.m. inclusive, with respect to the following described property (collectively, the "Property"): Lots 1 through 10 and alley and area ways, ADRIANCE SQUARE according to the Plat thereof, recorded in Plat Book 16, Page 14, of the Public Records of Miami -Dade County, Florida, Formerly known as: The South 50 feet of Lots 11 and 12 and all of Lots 13 and 14, Block 70, NORTH OF THE CITY OF MIAMI, FLORIDA, according to the Map and Plat of said City, made by A.L. KNOWLTON, C.E., as recorded in Plat Book B, at Page 41, of the Public Records ofMiami- Dade County, Florida, less that deeded to the CITY for street purposes by Deed dated June 18, 1924, recorded in Deed Book 432, at Page 264, of the Public Records of Miami -Dade County, Florida. Basing our opinion on the aforesaid owner's title insurance policy and title search updates, we are of the opinion that on November 12, 2001 the title to the property was vested in: Trinity Resources International, LLC, a Florida limited liability company (the "Owner") Subject to the following encumbrances, liens and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is -tendered and' subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 02- 241 0 4. Any unrecorded labor, mechanics, or inaterialmen's liens, and municipal liens. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 1. Agreement for Water and Sanitary Sewage Facilities Between Miami -Dade County and Trinity Resources International LLC recorded in Official Records Book 19768 at page 1256. FACTS It is our understanding that the above described Owner is replatting the Property and such replatted subdivision will be known as "Trinity Resources". We have been advised that an application for Official Vacation and Closure ofa Public Right- of-Way ight- of Way has been filed by the Owner with the Hearing Board's Planning Department of the City of Miami and that all documents in conjunction therewith have been properly filed with said Department. It is our further understanding that an appropriate meeting by the Plat and Street Committee ofthe City of Miami will be held with reference to such closure in conjunction with the tentative plat of "Trinity Resources". It is our further understanding that the Plat and Street Committee of the City of Miami has requested an Opinion as to the ultimate ownership of the portions of the alley and areaways being vacated as a result of such application for Closure and Vacation of Public Right -of -Way and replatting of the property. DISCUSSION The legal description of the property consists of land within the following plat: (a) ADRIANCE SQUARE PLAT We have examined the Adriance Square Plat, the plat that originally dedicated the alley and areaways to the use of the property owners of the Adriance Square Plat. The plat contains the following dedication clause: "The Alley and Areaways as shown on the said attached Plat are hereby dedicated to the perpetual use of the Lot owners on _this subdivision only." We have further examined Florida Statute Section 177.085 which reads as follows: "When any owner of land subdivides the land and dedicates streets, other roadways, alleys or similar strips on the map or plat, and the dedication contains a provision that the reversionary interest in the street, roadway, alley or other similar strip is reserved unto the dedicator or his or her heirs, successors, signs, or legal representative, or similar language, and thereafter conveys abutting • lots or tracks, the conveyance shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance." We have further examined Uniform Title Standard 11.4 (and another Florida authorities) which provides that when a street is dedicated without the statement of a reversionary interest and the street is thereafter discontinued through a legal process, the abutting owners take the fee title to the center of the street. OPINION Based upon the presumption that proper and appropriate steps have been or will be taken to close the alley and areaways as above described, it is our opinion that be virtue of (i) the conditions set forth in the Adriance Square Plat and Statute quoted above, and (ii) the omission of a reversion clause in the Adriance Square Plat, the alley and areaways will become the property of the abutting land owners to the centerline on each side. Since the same owner owns all lots and the abutting land, that ownership by virtue of the closing of the afore described alley and areaways adjoining the respective land, shall place title to the said alley and areaways in the abutting land owner on both sides, which is "Owner". 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 — L� day of December, 2001. STATE OF FLORIDA SS: COUNTY OF BROWARD DANIEL S. CARUSI, P.A. By: Daniel S. Carusi, Esq. 517 SW First Avenue Fort Lauderdale, Florida 33301 (954) 527-0101 The foregoing instrument was acknowledged before me this day of December, 2001, by DANIEL S. CARUSI, ESQ., who is ersonall own to me or has produced as identification. My Commission Expires: NOTARIMPUBLIC, State of Florida " . (�nthia M. Lindo CoumiiKlon 0 QQ 980941 6.2M .` Bo't146d �1lR e�► �� At3eatio �ndin8 Co., Ilia o � 241 Fe-_eivetl: 3/ 7/02 2:27PM; 3055 577 7205 -> 2 02:11P Lega ORD Depts City National Bank D R F R o R 1 D A March 7, 2002 City of Miami Commissioners 6ercow & Radeii, PA; Page 2 305 07-7205 P.02 William E. Shockett Executive Vice President General Counsel Re: Proposed Alley Closing - 14th -15th Street Between Brickell and South Miami Avenue Dear Commissioners: Please be advised that City National Bank leases the drive-in teller facility located along.the alleyway at 1428 Brickell Avenue. Ingress and egress by vehicular traffic flows primarily through the subject alleyway. In addition to heavy ingress and egress through the alleyway by City National Bank customers and other traffic to adjoining properties, the alley is used during business hours for temporary loading and unloading of large trucks, such as waste removal and heavy deliveries, for properties in the area. The closing of a portion of this alley will adversely affect the traffic flow for our customers using the drive-in facility. Often times, the alleyway is temporarily blocked as a result of large deliveries. An alternative curved exit or entrance dumping onto Brickell will further aggravate the existing traffic situation. The primary purpose of City National locating at the existing drive-in facility was the case of ingress and egress not offered by other properties along Brickell. Many of our customers arrive from the south, using the I5'h Street alleyway entrance. While, in the proposed plan, there will remain an opening at the north end of the alley at 14'h Street, this access is often congested and temporarily closed by trucks, deliveries and autos waiting to pick up passengers using the People Mover. The Brickell Avenue Financial District Metro Station is also located at the very intersection of 14'h Street and the north end of the subject alleyway. Submitted into the public record In connection with Item _ on 3- 7=0� swan City Clerk 25 W. Flagler Street, Miami, Florida 33130 305-577-7295 305.577-7205 Fax www.citynationaLcom 02- 241 e RLceived: 3/ 7/02 2:27PM; 305 577 7205 -�- Bercow & Radell, PA; Page 3 Mar -07-02 02:11P Lega ORD Depts 305 07-7205 P.03 Miami City Commission Page 2 March 7, 2002 Clearly the substitution (for the closure of the south end of the alleyway) and its relocation to Brickell Avenue is not a satisfactory alternative and will adversely affect the traffic situation, both for our customers and the immediate Brickell area. Sincerely, CITY N&)CML BAW OF FLORIDA ` LL�IAM Executive V' a President NOTE: You are authorized to present our position and delivery of this letter to the City of Miami Commissioners. We suggest you sponsor a meeting to be attended by the three property owners on the block, nearby homeowners and City Officials so that a resolution satisfactory to all parties involved can be accomplished. CITY NATIONALBANK O ORIDA By )NILLIAM E OC Executive Vice President Submitted into the public record in connec fon with item Z2 --;L on Wafter Foeman City Clerk 02-- 211 ** 4U ' �Jdd IkdlUl ** 0 South Miami Avenue Homeowners Association January 26, 2002 Adrienne Frilesner Pardo Attorney at Law Creeberg Trourig 1221 Brickoll Avenue Miami, Florida 33139 (305) 961-5683 Fax Ref: City of Miami Zoning Hearing 1/28102 Dear Adrienne: The South Miami Avenue Homeowners Association Is not opposed to the alley closures requested by the developer of Park Place on Brickell. The closures enable the development of a much better project than originally proposed and supporta an open area as a transition from the Rt single-family residential neighborhood located directly to the south. Sincerely, (�66, Colin Veater President Copy: Santiago Echemendia/Bob de la Fuente, Taw Cardenas Rebak File Sul>mitted into the pubtic re' -*Ord in connection wits) item onWaUVR5efflfla City CJ('ri, 02-- 241 TO/Told 289ST96S026 01 STEE £2S S02 U31d3WO .-10 ANUS �i3 Sb.ST EQ07 ez Nd!' MIAMI -ROADS N&HBORHOOD CIVIC ASSOCIATION, INC. August 9, 2001. Adrienne F. Pardo Esq. Greenberg Traurig P.A. 1221 Brickell Avenue Miami, Florida 33131 Dear Ms. Pardo, On behalf of the Miami Roads Neighborhood Civic Association 1 want to thank you, Mr. Ojeda, and his staff for meeting with us again on Monday, and for the continued high level of cooperation and communication you have extended to our association. At our meeting of Monday, August 6, 2001 the Board of Directors of the Miami Roads Neighborhood Civic Association unanimously approved a motion of support for the terms and conditions of the plans for the Park Place project as presented at this meeting and dated July 31, 2001, with the understanding that any significant changes in these plans will be brought to our board for review. We look forward to working with you in the future. Very truly yours, Linda Y4enigsberg, President Miami Roads Neighborhood Civic Association 144 SW 19" Road Miami, Florida 33129 305 854-8547 Submitted Into the public record in connooflo 1 with item .f :;L ori :L: Walter I"ooman City Olork o2- 241 JEFFREY BERCOW BEN J. FERNANDEZ THEOPHILUS I. HARRIS DEBORAH L. MARTOHUE MICHAEL E. RADELL JANA K. McDONALD OF COUNSEL July 10, 2000 0 9 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 Adrienne L. Pardo, Esq. Greenberg Traurig Et Al 1221 Brickell Avenue Miami, Florida 33131-3224 DIRECT LINE; f308i 377.6235 RE: Park Place at Brickell Alley Closure Dear Ms. Pardo: TELEPHONE (305) 374-5300 FAX (905) 377-6222 The purpose of this correspondence is to confirm that Mr. Martin Taplin, owner of the property located at 1428 Brickell Avenue, will support the application to close a portion of the alley between South Miami Avenue and Brickell Avenue filed by Park Place, LLC as described on the Park Place at Brickell Tentative Plat upon Mr. Allan Ojeda's agreement to apply for closure of an additional segment of the existing alley as described below. Your client, Mr. Allan Ojeda, of Park Place, LLC, the contract purchaser of the referenced property, agrees to apply for an alley closure together with Mr. Martin Taplin, to close an additional segment of the 20 foot alley that will be partially vacated by the Park Place at Brickell Tentative Plat, a copy of which is attached hereto. The additional segment of the alley to be closed by Mr. Ojeda and Mr. Taplin is approximately 180 feet long and 20 feet wide and begins at the southern end of the remaining alley right-of-way (where the alley meets the portion of the alley to be closed by the Park Place at Brickell tentative plat to 40 5UbMitted into the record in connection:.. item 8-2-- on—Z-- 02- o� 02 - 241 wawabamdw - City. clerk 0 • Adrienne L. Pardo, Esq. July 10, 2000 Page 2 feet before the north end of the Ojeda property in order to accommodate the turning radiut,,oIk �En lC'r o„' ck toSw'r41'�Crt C row+'� q��e3 Mr. Ojeda will prepare the applications for the tentative plat alley closure and the cost of the application is to be shared by both parties, however Mr. Taplin is solely responsible for the cost of surveying his property. The parties agree that time is of the essence and each will proceed immediately with all required approvals and consents in order to file the Zoning Board alley closure application by August 7, 2000 and the T -plat application b�. �t 23, 2000. However, failure to meet these deadlines shall not negate obligation to proceed with the application fol- an alley closuret byr.alc+.�k�•aN SQr,%►,ce,, � .lcoo. Mr. Taplin, will provide all required information and documents to Adrienne Pardo at Greenberg Traurig in a timely manner, so that the above application dates can be met, a:; well as all future deadlines which will be required in conjunction with the alley closure and the intent of obtaining City Commission approval of the fina 1 plat by the December, 200 City Commission meeting. The parties will memorialize this understanding in a formal agreement to be executed prior to July 32, 2000. PIease have Mr. Ojeda confirm this agreement with the foregoing by , igning below where indicated. Bl~ /jb/ smd Enclosures Agreed to by: Mr. Allan Ojeda Date: July -10A , 2000 Sincerely, Ben Fernandez Oubmlttod Into tho public record in oonnoctitan All Item z -.-- on�r Walter Foeman City Clerk BERCOW & RADELL 02- 2 41 PROFESSIONAL ASSOCIATION