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Home My WebLink AboutR-02-0242J--02-141 02/1.3/02 RESOLUTION NO. 0 2 2 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 SOUTH OF SOUTH MIAMI AVENUE, EAST OF SOUTHEAST 15 ROAD, NORTH OF BRICKELL AVENUE AND WEST OF SOUTHEAST 14TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of January 28, 2002 Item No. 4, duly adopted Resolution No. ZB 2002-0517 by a seven to zero (7-0) vote, RECOMMENDING APPROVAL of closing, vacating, abandoning, and discontinuing a portion of an alley (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. CITY (`a0KNISSION -MEETING-MEETING br. Kff! n ? 2002 xeaolutio No. 02- 242 CJ • 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 (hereinafter referenced as the "public right-of-way"), located parallel to and south of South Miami Avenue east of Southeast 15t" Road, north of Brickell Avenue and west of Southeast 14th Street, Miami, Florida, as legally described in attached "Exhibit A," is closed, vacated, abandoned and discontinued for public use. Page 2 of 3 02— 242 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor!�. PASSED AND ADOPTED this 7th ATTEST: SYL ASCHEID AC NO CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: /" X w -Adjr '�' JANDRO VI TY ATTORN 6004:YMT:smg day of March 2002. a/ UEL A. DIAZ,.MA OR � _1 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- 242 Olibit "Alf SOUTH AfLAAff �_�_-�..._�_� ------ - - - O _ A VENUE ss7S.56' N 15'71 {5-t - - oA Q M 'AMENDET (�F 17 + rR 19 ! 29 ]p��r� 20/1 ALLEY 7 [ 1— A COED ,� i •I _275.gp' N r5'rr �S' £ ' i ` I S 55 id$0' E I I N�75'r0 0 11 Tu TIC MAF' QF MIAMI 15 14 I 1 1r 72 1 1 I 10 I 9 II -�117 I 1 1 r.7Z' S r5'r l tf7 W �-=- -� -- :_ --- --- AVENUE'' Area of Alley to be vacated - 6907 t Sq. Ft. LEGAL DESCRIPTION OF ALLEY TO BE VACATED A portion of the 20 foot olley lying within Block 99 South, "AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI", according to the plot thereof as recorded in Plat Book B at Page 113 of the Public Records of Dade County, Florida being more particularly described as follows: Begin at the Southwesterly corner of degrees 11 minutes 45 seconds East, Lot 15 of said Block 99 South; thence North 15 thence degrees North 75 degrees 10 minutes along the Easterly line of said 40 seconds West for 20.00 feet; alley, for 34$.90 feet; the feet; thence 11 minutes 45 seconds West, South 55 degrees 30 along the Westerly line of said South 15 i alley, for 341.77 Way line minutes 50 seconds East, along the Northerly Right—of— I of S. E. 15t" Road, for 21.19 feet to the Point of Beginning. Bearings seconds shown above are based upon East along the Monument line an assumed South 55 degrees of S. E. 15t"Rood. 30 minutes 50 .)rdered by: .Rileo Group %athy*als�mended.2 RL.V: 12-04-01 ORDER NO.185146 REV: 9-20-00 File nnmp• k• 1 7044.1 It au c.r law = '9zgz 4z-* e. jl�s,sv�s� LAND Pr -AV- 'RS SJVCxjVff PRS a LAND SllRVSYORS (LA,�Bq) � . s24p CORPORATlf' NdY AfIRAA/AR. FLORlpA 3.YO25 TSL. NO.(&B4)435-lora FAX NO. (SS4)43s-st'B.9 ORDER PRVPARED UNDER BY SUPERVISION DATE: 04-04-00 --04--Otl THIS IS NOT A "LAND SURVEY" PRESIDENT ROBERT F. JACKSON, P.L.S. #2406 (STATE OF FLORIDA) 02- 242 ZONING FACT SHEET L PZ 3 Case Number: 2001-0517 28 -Jan -02 Item 4 Location: See Request Below Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Zoning: Adrienne F. Pardo, Esq. on behalf of 1221 Brickell Avenue Miami, FL 33131 App. (305) 579-0683 SD -5 Brickeli Avenue Area Residential -Office District Request: Official vacation and closure of an alley parallel to and south of South Miami Avenue east of SE 15 Road. Purpose: This will provide a unified development site. Recommendations: Planning Approval. Public Works: Please see attached. Plat and Street Committee: Please see attached. Dade County No comments. Enforcement History, If any Case No: Last Hearing pate Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CES Action: History: Analysis: Please see attached. Zoning Board Resolution ZB 2002-0617 Zoning Board: Recommended approval to City Commission. Vote: 7-0 City Commission: NIA. 02- 242 0 PUBLIC WORKS ANALYSIS FOR Vacation and Closure of a portion of an alley parallel to and South of South Miami Avenue, east of SE 15 Road 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 south of South Miami Avenue, east of SE 15 Road 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 "Park Place at Brickell" 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. 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. 02- 242 a 1elso• � I � a � °' �A `$1: S.W. f 0 l e r a s a 3 + 7 2 Ix b f a 7 6 5 • 2 II f a T 6 S a l @.+ � �I Sr � . 76 �xrr S 75 o Is 74 w !S 36 17 16 la 2, P 12 13 N i5 Ia A a 23 f it is III 17 la la 20 jl 22 23 2 7 7 Is 1 17t,� ST uoA 1 21 1 �O ZI p�.�Th °p O° J •'G �Ncc �� T b S a,o - G 1 T Y 0 1 e T 6 3 a y 2 , O ° p L , S. 3 u s „12 I ' 14 Is la o �OpO r1zs zl II. sa . sa a.DH ne fa 3 r�A . S.W. 12 5T. dt a 5 2 1 s. i= o° TnwEA V�4Cr •B• $ .1 5 vy Is x° 09 le n Ie 'u 1 N Is la 'r 1a n$[UTlISIOE ELEM.% ° o° ° u° ! fqq. Q 33 t 1° SCHOQL z+ t2 x5 ° o MUrC ° o- Iae ;e Or S T. S.E. 13 ST: -�"' u �' 33. 4.. sv ST ° 94 � 11 f ° Ugpfyr,'71O a : g z 99 zl Q+ rR4Cr. N +f, a ,z ,3 I. Is Ic Ir n rs Is M 11 11 20 100 ° A ,e so .•3 Z ? S. W. 14 5t 97 r0 96 u NGF Mb Mrr �f s r ° FORrc 'Ir V 12 .ses f° la wcl yr 1 b awe S.W. la 14 ERR. N ° Ll rRgcpCq'zA ell ra tip �!'a a O n g x'9 ro •F h Fr7Cr ,4 a �Q s n c a F's Iq Tf�� • '� ��'; PGS cP'aS QI\r r1 jpi<y. to Grp P O �N•p a ° rr z t1 is 4 r !' \•(`� x ry (''j` Q y °y8 ail rs r' 77J N IV Rm COSTA BELLA FgRCrq SUB, Tr `A 'pe, a / � r p• WL L� go- h• ��\\ \ \ `� \\ ' / �.'�� LEGEND '^ MiAMI CITY LIMITS /-Z \ RAILROADS ` SPFwAL vUSUC INTEREST HISTORIC PRESERVATION �1ee�w PEDESTRIAN PATHWAYS �f'' 02- 242 r( �Ncc �� T b S a,o - G 1 T Y 0 1 e T 6 3 a y 2 , O ° p L , S. 3 u s „12 I ' 14 Is la o �OpO r1zs zl II. sa . sa a.DH ne fa 3 r�A . S.W. 12 5T. dt a 5 2 1 s. i= o° TnwEA V�4Cr •B• $ .1 5 vy Is x° 09 le n Ie 'u 1 N Is la 'r 1a n$[UTlISIOE ELEM.% ° o° ° u° ! fqq. Q 33 t 1° SCHOQL z+ t2 x5 ° o MUrC ° o- Iae ;e Or S T. S.E. 13 ST: -�"' u �' 33. 4.. sv ST ° 94 � 11 f ° Ugpfyr,'71O a : g z 99 zl Q+ rR4Cr. N +f, a ,z ,3 I. Is Ic Ir n rs Is M 11 11 20 100 ° A ,e so .•3 Z ? S. W. 14 5t 97 r0 96 u NGF Mb Mrr �f s r ° FORrc 'Ir V 12 .ses f° la wcl yr 1 b awe S.W. la 14 ERR. N ° Ll rRgcpCq'zA ell ra tip �!'a a O n g x'9 ro •F h Fr7Cr ,4 a �Q s n c a F's Iq Tf�� • '� ��'; PGS cP'aS QI\r r1 jpi<y. to Grp P O �N•p a ° rr z t1 is 4 r !' \•(`� x ry (''j` Q y °y8 ail rs r' 77J N IV Rm COSTA BELLA FgRCrq SUB, Tr `A 'pe, a / � r p• WL L� go- h• ��\\ \ \ `� \\ ' / �.'�� LEGEND '^ MiAMI CITY LIMITS /-Z \ RAILROADS ` SPFwAL vUSUC INTEREST HISTORIC PRESERVATION �1ee�w PEDESTRIAN PATHWAYS �f'' 02- 242 Y 0 Miami Zoning Board 10 Resolution No.: 2002-0517 Monday, January 28, 2002 Mr. Georges Williams 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 PARALLEL TO AND SOUTH OF SOUTH MIAMI AVENUE EAST OF SOUTHEAST 15TH ROAD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. THIS RECOMMENDATION IS SUBJECT TO THE FOLLOWING CONDITION BY THE PUBLIC WORKS DEPARTMENT: 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. Upon being seconded by Mr. Juvenal Pina, 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. Ileans Hemandez-Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pine Yes Mr. Alian Shulman Yes Mr. Angel Urquiola Abs Mr. Georges Williams Yes AYE: 7 NAY: p ABSTENTIONS: p NO VOTES: p ABSENT: 7 Ms. Fernandez: Motion carries 7-0 Teresita L. Fernandez, Executive cretaW Department of Planning and Zoning Hearing Boards Division Case No. 2001-0517 Item Nbr: 4 02- 242 AOL &bit "A+: A VENUE �g.-, ,v-rrr 1,45, 1;44END,�-fl IAP lP F 3R/0KF 17 18 I 19 ! 20 27 r 22 I 2? 24 25 ile25 R, 20, ALL& TO RE V. A C4VED r --_ _275_00' N 15'7T t5_ £ _, ,// , 21.}9 `3fr8s�D N rfS'rrRs' f i H��E�l.1'!Sr'I/bGi I — � I S 55Jd50" E I I { Nf7S'10IW l f { I ' FD Tl-IE W P OF M.IAIIAI I (P. &+ PG' 7 1 I .Q 101/ r f ( ri1 t /:' 1.514 13 f 12 11 10 9 7 6 5 { t r RRICIML ! A. VENUE Area of Alley to be vacated = 6907 t Sq. Ft. LEGAL DESCRIPTION OF ALLEY TO BE VACATED A portion of the 20 foot alley lying within Block 99 South, "AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI", according to the plat thereof as recorded in Plat Sook' B at Page 113 of the Public records of Dade County, Florida being more particularly described as follows: Begin of the Southwesterly corner of Lot 15 of said Block 99 South; thence North 15 degrees 11 minutes 45 seconds East, along the Easterly fine of said alley, for 348.90 feet;. thence North 75 degrees 10 minutes 40 seconds West for 20.00 feet; thence South 15 r degrees 11 minutes 45 seconds West, along the Westerly line of said alley, for 341.77 J feet; thence South 55 degrees 30 minutes 50 seconds East, along the Northerly Right—of-- Way line of S. E. 15th Road, for 21.19 feet to the Point of Beginning. Bearings shown above ore based upon on assumed South 55 degrees 30 minutes 50 seconds East along the Monument line of S. E. 15th Road. Ordered by: Riles Group T: *othyXegals'9mended.2 REV: 12-04-01 ORDER NO.185146 REV: 9-20-00 rile name. • K.- ,J95441 `AVIFA LAND PLASNZjW • B'JVGlN MMM * LAND SlJ'AMMORS (L&#87j 1.240 CORPORATE' WAY ArZAAAGR, PLORIDA 38085 TEL. SQ -084)436-7010 PAX NO. (954)4.98-3288 ORDER NO.IeI410 PREPARED UNDER BY SUPERVISION � DATE. 04-04-00 — `- --• PRESIDENT THIS IS NOT A "LAND SURVEY" ROBERT F. JACKSON, P.L.S. #8409 (STATE OF FLORLDAI 02- 2` 2 0 CITY OF MIAMI _ OFFICE OF HEARING BOARDS 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. »+++++rrrrwww»++++wr�w+»++»rwwwr+»+++yeww»+w++rtww»++++t,t+re,twwx++,r++++i+wtkar»+++++s+rw++++r+t,yw*+++++rwrww»++++,www»++++►++rrw�rr»»+yr+ 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. 1, Adrienne F. Pardo.,. on;.behalf of Park Place at Brickell, LLC 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, furnish the following information: ,I 5907 total 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 375 -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- 242 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). 11. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 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 $ 1,200.00 Maximum $ 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 A portion of the 20 foot alley running parallel to Brickell Avenue beqinninq at S.E. 15 Roadan running Norrn U5• /2 of lots AND MORE PARTICULARLY DESCRIBED AS: 8 and 21. Lots)_ See attached Exhibit "2" (legal description of alley to be.closed) Block(s) Subdivision Signaturepi I Name Adrienne F. Pardo Address 1221 Brickell Avenue Miami, Florida 33131 Telephone (305) 579-0583 Date December 7, 2001 02- 242 Park Place at Brickell LLC, Rilea Group and Brickeil investment Realty Corp. c/o Elena Mola PARK PLACE AT BRICKELL (SECOND RESUBMITTAL) - TENTATIVE PLAT #1563-B December 7, 2001 Page three If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Jackso P. E. Chairman, Plat and Street Committee JHJ/UH/rjf Enclosure: Contact sheet C: Schwebke-Shiskin & Associates 3240 Corporate Way Miramar, FL 33025 Ms. Adrienne F. Pardo Greenberg Traurig 1221 Brickeil Avenue Miami, FL 33131 Plat and Street Committee Members bc: Surveys Civil Engineering Central ih 02- 242 itLi of cmtamt JOHN H. JACKSON, P.E. Director December 7, 2001 /Park Place at Brickell LLC A Florida limited liability company 848 Brickell Avenue, Suite 1010 Miami, FL 33131 Brickell Investment Realty Corp. c/o Elena Mola McDermott, Will & Emery 1850 K Street, N.W. Washington, DC 20006 Dear Ladies and Gentlemen: PARK PLACE AT BRICKELL (SECOND RESUBMITTAL) TENTATIVE PLAT #1563.13 CARLOS A. GIMENEZ City Manager Rilea Group 848 Brickell Avenue, Suite 1010 Miami, FL 33131 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. An opinion of title as to reversionary rights for the right-of-way (alley) 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 right-of-way to be closed and vacated. A copy of the opinion must be provided to the Public Works Department. 2. A sketch and legal description, with a square footage for the proposed alley closure, will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the Hearing Boards, at 305-416-2030. Sketch and legal description must be on 81A by 11" paper. 3. An opinion of title for the remnant portion of existing Lot 8 is required. 4. In the main sketch, show adjacent subdivision to the South. 5. The signature of the Planning and zoning Department Director, in addition to the Public Works Department Director, Is required on the agreement to postpone the removal of the existing building encroachment into the proposed easement. DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130!(305}416-120ffax:416-2i 3�y Mailing Address: P.O. Box 330708 Miami, Florida 33233.0708 U�jj /+ Park Place at Brickell LLC, Rilea Group and Brickell Investment Realty Corp. c/o Mena Mola PARK PLACE AT BRICKELL (SECOND RESUBMITTAL) - TENTATIVE PLAT 01563-0 December 7, 2001 Page two 6. The Plat and Street Committee in reviewing the request to close and vacate a portion of the public alley parallel to and between Brickell Avenue and South Miami Avenue from SE 15 Road to approximately 348 feet Northeast of SE 15 Road, 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 alley. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights-of-way when property Is platted. These subdivision Improvements Include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or Installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc. caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat Is recorded. Also, the Certificate of occupancy for any building construction will be issued only after all the required subdivision Improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 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. 02- 242 OWNER'S LIST Owner's Name Park Place at Brickell LLC Mailing Address 848 Brickell Avenue #1010 Miami Fl Zip Code 33131 Telephone Number 305-371-5254 Legal Description: See attached Exhibit "1" Owner's Name Mailing Address _ Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Zip Code 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: Street Address Legal Description None Street Address Street Address Legal Description Legal Description 02-- 242 DISCLOSURE OF OWNERSHIP _ 1. Legal description and street address of subject real property: See attached Exhibit "1" See attached Exhibit "2" for legal description of alley to be vacated. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-518 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. Park Place at Brickell, LLC is owned by: 1. Epsa of America Corp. which is owned by Jose Llorens, individually 90% 2. Park Place at Brickell, LLC which is owned by Alan Oj eda, individually 10% 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 375 feet of the subject real property. None Owner or A ggrney for Owner Adrienne F. Pardo STATE OF FLORIDA COUNTY OF MIAMI -DARE The foregoing instrument was acknowledged before me this I day of _December_, 2001 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 -State -of4`lo6c - ^ :, E7 Commission No.: My Commission Ekpires: CrJ 02- 242 i STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 20 01 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: _ m Notary Public State-ofitta4 ' ' - o Commission Wo My Commission STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by a of corporation, on behalf of the corporation. He/She is personally known to me or has produced 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 day of 20 ' by partner behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (or agent) on a partnership. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 02-- 242 AFFIDAVIT Before me, the undersigned authority, this day personally 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 aL_�L_ ;C) Applicant's Signature The foregoing instrument was acknowledged before me this day -of December 20 01 by Adrienne F. Pardo who is personably known to me or who has produced as identification and who did (did not) take an oath. Name: .. -... Notary Public -State of R i - Commission No.'.- ATEo: ax�p My Commission Expires: 02- 242 i Exhibit " 1" The South 1/2 of Lot 8 , and Lots 9 thru 15, both inclusive and Lots 17 thru 25, both inclusive, Block 99 South, "AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI", according to the Plat thereof, as recorded in Plat Book "B" at Page 113 of the Public Records of Miami -Dade County, Florida and Lots 16A and 16B, "WILKINSON'S SUBDIVISION", according to the Plat thereof, as recorded in Plat Book 51 at Page 21, of the Public Records of Dade County, Florida. Together with the 20.00 foot alley lying adjacent to the W1/2 of Lot 8 and Lots 9 thru 15 Section 39, Township 54 South Range 41 East/ Polly Lewis Donation City of Miami, Florida 02- 242 MMWbit 2 .--- I SOUTH MIAMI T A VENUE X95.56' N 15'11 f5T• — — -- fJ`w..�y'"'-T_�...,�T...--�..^..5--_--•-•_T..__-may. �..-•7_-__�T_-__^T_-__-T_-_• _1'-- �� ',-0, ;44EAID�D 14AP Q1[H3F ffCKS LL 'ADZP1T101 e" -ft/,-�� 4 I 17 19 ! 20 I 21 I 22 i 23 I 24 I 25 Ete 26 ! ?i ,• �,� a•��s. `° ase I II ABLE)' Y'P i' *AC Eb r! 7 V I Iff 2J9' -W' 10 N !S'rr S I Ni ,-!o'i I„' r� I 1 ! I F0 Tl` IE qAP VF MIAMI 1(P. BII � � PG' 7 I.3) 15 14 13 12 11 10 9 i 8�,- i 7 i 6 i 5 i 4 I ;L! I I I { ' I BRICI�ELL -7A VENUE Area of Ailey to be vacated -- 6907 f Sq. Ft. LEGAL DESCRIPTION OF ALLEY ;TO BE VACATED A portion of the 20 foot alley lying within Block 99 South, "AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI", according to the plat thereof as recorded in Plat Book B at Page 113 of the Public Records of Dade County, Flo6do being more Particularly described as follows: Begin at the Southwesterly corner of Lot 15 of said Block 99 South; degrees 11 minutes 45 seconds East, along the Easterly line of said thence North 75 degrees 10 minutes 40 seconds West for 20.00 feet; degrees 11 minutes 45 seconds West, along the Westerly line of said feet; thence South 55 degrees 30 minutes 50 seconds East, along the Way line of S. E. 151h Road, for 21.19 feet to the Point of Beginning. Bearings shown above are based upon an assumed South 55 degrees seconds East along the Monument line of S. E. 15t"Road. Ordered by: Rilea Group T: \lathy\egals"Vrnended.2 REV: 12-04-0j ORDER NO.185146 REV: 9--20-00 thence North 15 alley, for 348.90 feet -1 thence South 15 alley, for 341.77 Northerly Right—of-- 30 minutes 50 F,-/* name. K-• J95441 jAVL£A LAND PLANNERS' v BNGINSA"RS 0 LAND XVRVJCYARS (LB087.) s24o CORPORATE IMAM ArIRAAGR. FLORIDA 33024s TEL. NO.(9s4}4sa-7010 Fix NQ. (864)4a8-3,888 ORDER NO.181410 PREPARED UNDER BY SUPERVMON DATE: 04-04-00 02— 242 ._ DRZ=F.NT THIS IS NOT A "LAND SURVEY" ROBERT F. JACKSON, P.L.S. j2405 (STATS OF FLORIDA) OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA, in compliance with Section 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 Owner's Policy No. A81-0003284 issued by Lawyers Title Insurance Corporation, with an effective date of November 1, 2000 at 2:55 p.m. and Attorney's Title Insurance Fund, Inc. Certified Printout prepared under File No. 38499.010500 (collectively, the "Title Evidence"), 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"): The South %2 of Lot 8 and Lots 9 through 15, both inclusive, and Lots 17 through 25, both inclusive, Block 99 South, of AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 113, of the Public Records of Miami -Dade County, Florida (the "Brickell Plat"); and Lots 16A and 16B, of WILKINSON'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 51, Page 21, of the Public Records of Miami -Dade County, Florida (the "Wilkinson Plat"). Basing our opinion on the aforesaid Title Evidence, we are of the opinion that on November 12, 2001, the title to the Property was vested in: Park Place at Brickell 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 rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens, and municipal liens. 5. - Zoning and other restrictions imposed by governmental authority. 42w 949 SPECIAL EXCEPTIONS: 1. Resolution No. R-729-86 recorded in Official Records Book 12923, Page 2618. 2. Memorandum regarding adoption of Ordinance No. 86-44 recorded in Official Records Book 12923, Page 2622. 3. Stipulation of Settlement recorded in Official Records Book 13752, Page 1107. 4. Resolution No. R-987-89 recorded in Official Records Book 14258, Page 2399. 5. Dedication of all streets and highways to the perpetual use of the public as shown on the Plat recorded in Plat Book B, Page 113. 6. Resolution No. R-697-90 recorded in Official Records Book 14646, Page 2513. 7. Resolutions Re: Special Tax District recorded in Official Records Book 16478, Page 1048; Official Records Book 16872, Page 1634 and Official Records Book 17326, Page 2605. FACTS .. It is our understanding that the above described Owner is replatting a subdivision of the Property and such replatted subdivision will be known as "Park Place at Brickell". We have been advised that an Application for Closure and Vacation of Public Right -of - Way will be filed by the Owner with the Hearing Board's Planning Department of the City of Miami and that all documents in conjunction therewith will be properly filed with said Department. It is our further understanding that an appropriate meeting by the Plat and Street Committee of the City of Miami will be held with reference to such closure in conjunction with the tentative plat of "Park Place at Brickell". It is our further understanding that the City of Miami has requested an Opinion as to the ultimate ownership of the portions of the twenty (20) foot alley abutting the Property (excluding the portion thereof described in the last sentence of this paragraph, the "Alley"), being vacated as a result of such Application for Closure and Vacation of Public Right -of -Way and replatting of the Property. We further understand that the portion of the alleyway abutting the North 1/2 of Lot 21 and Lots 22-25 of the Brickell Plat, as well as lots owned by a third party(ies), will not be vacated as shown on the tentative plat. 02- 242 DISCUSSIOrr plats: The legal description of the Property consists of lots lying within the following two (2) (a) BRICKELL PLAT We have examined the Brickell Plat, one of the plats that originally dedicated a portion of the Alley to the public. The Plat contains the following dedication and reversion clause: "And we do hereby dedicate all streets and highways shown hereon to the perpetual use of the public, reserving to ourselves, our heirs, administrators, assigns and grantees owning land abutting or adjoining said streets or highways, the reversion or reversions of the same in case they should be closed or discontinued by law." We have further examined Florida Statutes 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, assigns, or legal representative, or similar language, and thereafter conveys abutting lots or tracts, 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." (b) WILKINSON'S PLAT We have examined the Wilkinson's Plat, the plat that originally dedicated the remaining portion of Alley to the public. The Plat contains the following dedication, but does not contain a reversion clause: "The avenue and road and alley as shown on the attached plat, together with all existing and future planting, trees and shrubbery, are hereby dedicated to the perpetual use of the public for proper purposes." We have further examined Uniform Title Standard 11.4 (and other Florida authorities) which provides that when a street is dedicated without the statement of a reversionary interest and the street is thereafter discontinued through legal process, the abutting owners take the fee title to the center of the street. 42- 242 OPINION Based upon the presumption that proper and appropriate steps have been or will be taken to close the Alley as above described, it is our opinion that by virtue of (i) the conditions set forth in the Brickell Plat and Statute quoted above, and (ii) the omission of a reversion clause in the Wilkinson's Plat, the Alley 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 aforedescribed Alley adjoining the respective land, shall place title to the said Alley 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 5th day of December; 2001. GREENBERG TRAURIG, P.A. By: /Po' -'AC �—/ Nocy B. Lash, Attorney 1211 Brickell Avenue Miami, Florida 33131 (305) 579-0500 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DARE ) The foregoing instrument was acknowledged before me this 5th day of December, 2001, by Nancy B. Lash, Esquire, who is personally known to me and did take an oath. E C Vp u cSATE C* A psoNNo.� 11mia-srv011113048304112J510 ri38499.010100 Print RfUie Notary Public, State of Florida Commission No. CC 7 5f My Commission Expires: 7171" 0 Z 02- 242