Loading...
HomeMy WebLinkAboutR-02-0752J-02-493 05/23/02 RESOLUTION NO. 02— 752 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 NORTH OF NORTHEAST 37TH STREET, LOCATED BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of May 06, 2002, Item No. 4, duly adopted Resolution No. ZB 2002-0572 by an eight to one (8-1) 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 ATTACHMENT I CONTAINED CITY COMUSSION MEETING JU-111 2 7 2002 1wXQ1% . Q2- 752 WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all tecnnicai 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 north of Northeast 37th Street between Federal Highway and Biscayne Boulevard, Miami, Florida, as legally described in attached "Exhibit A," is closed, vacated, abandoned and discontinued for public use. Page 2 of 3 0 2 ,_ "�' b Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoril PASSED AND ADOPTED this 27th ATTEST: gk;,-,& a. PRISCILLA A. THOMPSQfq CITY CLERK APPROVED I/ATTORNEY 372:YMT:smg day of June , 2002. 4Ar.wweJ4t'(2wM' /MANUEL A. DIAZ, MAYO AND CORRECTNESS: 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— '752 SKETCH TO ACCOMPANY LEGAL DESCRIPTION of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 1. LEGAL DESCRIPTION: A 14 Foot Alley (NE. 37th Street Alley) dedicated by SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 25 of the Public Records of Miami— Dade County, Florida and BUENA VISTA— BISCAYNE—BADGER CLUB SUBDIVISION according to the plat thereof, as recorded in Plat Book 1, at Page 115 of the Public Records of Miami— Dade County, Florida, being more particularly described as follows: BEGIN at the Southeast Corner of Lot 33 of said plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, as recorded in Plat Book 5, at Page 25, of the Public Records of Miami—Dade County, Florida; said point also being on the Westerly Right of Way Line of Biscayne Boulevard; thence S02' 28'07"W along said Westerly Right of Way Line of Biscayne Boulevard for 14.01 feet; thence N89'35'34"W along the North Line of Lots 31, 33, 35, 37 and 39 of said plat of BUENA VISTA—BISCAYNE—BADGER CLUB SUBDIVISION, as recorded in Plat Book 1, at Page 115, of the Public Records of Miami—Dade County, Florida, for 299.44 feet; thence N00'33'19"E for 14.00 feet to a point on the South Line of Lot 36; thence S89'35'34"E along the South Line of Lots 33, 34, 35 and 36 for 299.91 feet to the Point of Beginning. Containing 4,195 Square Feet or 0.10 acres, more or less, by calculation. 2. SOURCES OF DATA: As to horizontal Control: — Plat of BUENA VISTA—BI SCAYNE—BADGER CLUB SUBDIVISION, Plat Book 1, Page 115, Miami—Dade County Records. — Plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, Plat Book 5, Page 25, Miami—Dade County Records. Bearings as shown hereon are based an assumed bearing of S89'35' 34"E for the North Line of said Lots 31, 33, 35 and 37 of BUENA VISTA— BI SCAYN E— BADGER CLUB SUBDIVISION; said boundary to be considered an established and a well—monumented line. NOT VALID WITHOUT PAGES 2 AND 3 PAGE 1 OF 3 92)_ '15P. SKETCH TO ACCOMPANY LEGAL DESCRIPTION of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 3. LIMITATIONS: This "Sketch to Accompany a Legal Description" was prepared for the express purpose of creating an Exhibit for the City of Miami, Zoning Board and does not represent a field boundary Survey. There may be additional restrictions on this parcel that are not shown and may be found in the Public Records of the City of Miami and Miami—Dade County, Florida or private entities having jurisdiction over said parcel. The graphic portion of the Sketch is intended to be displayed in English units. The scale may be altered by the reproduction process and it must be considered when obtaining scaled data SURVEYOR'S CERTIFICATE: I hereby certify. That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said Sketch meets the intent of the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 61G17-6 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. J. Bonfill & Associates, Inc. Florida Certificate of Authorization Number LB3398 9360 S.W. 72nd Street, Suite 265, Miami, Florida. 33173 By: -- ------------------------- Juan i Bonfill Professional Surveyor and Mapper No. 3179 State of Florida Date: April 15, 2004 NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. NOT VALID WITHOUT PAGES 1 AND 3 PAGE 2 OF 3 SKETCH T`% ACCOMPANY LEGAL D'SCRIPTION of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 01 25' 50' 100' GRAPHIC SCALE SCALE : 1 = 50' LOT 36 LOT 35 LOT 34 I LOT 33 P.O. N.E. 37th ST. N89*35'34"W LOT 39 I LOT 37 S89'35'34"E 1 299.91'fP/L AREA=4,195 sq.lft. or 0.10 acres 14' ALLEY PA 299.44' LOT 35 I LOT 33 3 W. A I.e .3 ... LEGEND P.B. Plat Book PG. Page P.O.B. Point of Beginning P.O.C. Point of Commence P/L Property Line R/W Right—of—Way Line NOT VALID WITHOUT PAGES 1 AND 2 LOT 31 PAGE 3 OF 3 752 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM 7Q C= _ TO: Priscilla A. Thompson City Clerk FROM: Elsa L Jaramillo-Velez, As ant City Attorney DATE: June 30, 2004 RE: Attachment to Resolution 02-752 — Via Tuttle Subdivision o 0 0 Error in Legal Description to be Corrected z _ Please be informed that the Public Works Department has brought to our attention that when the City Commission passed and adopted Resolution No. 02-752, the attached legal description of the alley to be closed/vacated in connection with the plat by the name of Via Tuttle Subdivision was incorrect. Thus, we need to correct the Attachment to Resolution No. 02-752. Attached please find (1) a copy of Resolution No. 02-752 with attachments and (2) a copy of the correct "Sketch to Accompany Legal Description of a Portion of Alley to be Closed, Abandoned and Vacated" in relation to the above -referenced matter. Please note that the same company prepared both of these documents. If you should require additional information or anything further needs to be done/prepared by the City Attorney's Office to correct this error, please contact me directly at 305-416-1847. If this matter may be addressed by your Office without any further handling by the City Attorney's Office, please confirm to the same. Thank you for your assistance in this matter. Attachments C: Frank McMahon, Senior Surveyor, Public Works Department (w/ attach) L:\E1Jarami11o\Memos\W147 memo to thompson re alley.doc Iris Escarra Assistant City Attorney Law Department Frank R. McMahon Jr. Senior Surveyor Public Works Department May 17, 2004 Resolution No. 02-752 incorrect Legal Description The Exhibit A of the attached Resolution No. 02-752 has an incorrect legal description for the alley to be closed and vacated in connection with the proposed plat of VIA TUTTLE SUBDIVISION. Please advise us of the course of action that must be taken in order to correct the subject legal description. Thank you in advance for your prompt attention to this matter. FM/rjf c: Marilyn Bonfill J. Bonf ill & Associates, Inc. 9360 SW 72 Street, Suite 265 Miami, FL 33173 David Holtzman 391h Street, Ltd. 1632 Pennsylvania Avenue Miami Beach, FL 33139 Stephanie N. Grindell, Director Leonard J. Helmers, Professional Engineer IV bc: Surveys Civil Engineering Central 4,0 SKETCH lICCOMPANY LEGAL le CRIPTION Of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 1. LEGAL DESCRIPTION: A 14 Foot Alley (NE. 37th Street Alley) dedicated by SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 25 of the Public Records of Miami— Dade County, Florida and BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION according to the plat thereof, as recorded in Plat Book 1, at Page 115 of the Public Records of Miami— Dade County, Florida, being more particularly described as follows: BEGIN at the Southeast Corner of Lot 33 of said plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, as recorded in Plat Book 5, at Page 25, of the Public Records of Miami—Dade County, Florida; said point also being on the Westerly Right of Way Line of Biscayne Boulevard; thence S07' 34'27"W along said Westerly Right of Way Line of Biscayne Boulevard for 14.11 feet; thence N89'35'34"W along the North Line of Lots 31, 33, 35, 37 and 39 of said plat of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION, as recorded in Plat Book 1, at Page 115, of the Public Records of Miami—Dade County, Florida, for 299.44 feet; thence NOD'33'19"E for 13.97 feet to a point on the South Line of Lot 36; thence S89'35'34"E along the South Line of Lots 33, 34, 35 and 36 for 301.16 feet to the Point of Beginning. Containing 4,203 Square Feet or 0.10 acres, more or less, by calculation. 2. SOURCES OF DATA: As to horizontal Control: — Plat of BUENA VISTA SUBDIVISION, Plat Book County Records. BISCAYNE BADGER CLUB 1, Page 115, Miami—Dade — Plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, Plat Book 5, Page 25, Miami—Dade County Records. Bearings as shown hereon are based an assumed bearing of S89'35' 34"E for the North Line of said Lots 31, 33, 35 and 37 of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION; said boundary to be considered an established and a well—monumented line. 02- '752 NOT VALID WITHOUT PAGES 2 AND 3 PAGE 1 OF 3 SKETCH TO ACCOMPANY LEGAL#WSCRIPTION of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 3. LIMITATIONS: This "Sketch to Accompany a Legal Description" was prepared for the express purpose of creating an Exhibit for the City of Miami, Zoning Board and does not represent a field boundary Survey. There may be additional restrictions on this parcel that are not shown and may be found in the Public Records of the City of Worn.', and Miami—Dade County, Florida or private entities having jurisdiction over said parcel. The graphic portion of the Sketch is intended to be displayed in English units. The scale may be altered by the reproduction process and it must be considered when obtaining scaled data SURVEYOR'S CERTIFICATE: I hereby certify. That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said Sketch meets the intent of the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 61G17-6 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. J. Bonfill & Associates, Inc. Floitds Certificate of Authorization Number LB3398 9360 S.W. 72nd Street, Suite 265, Miami, Florida. 33173 By Processional Surveyor and Mapper LS6006 State of Florida D ie: February 20, 2002 NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. 02- 752 NOT VALID WITHOUT PAGES 1 AND 3 PAGE 2 OF 3 LEGEND P.B. SKETCH TO 40'tOMPANY LEGAL DE IPTION PG. Page . of P.O.C. Point of Commence P/L A Portion of Ailey to be closed, abandoned and vacated N City of Miami, Miami -Dade County, Florida N 1 h 1 w h 0' 25' 50' 100' GRAPHIC SCALE SCALE : 1" = 50' fiIAGNOL.il= "ARK 2nd AMIENMED P:_ ; (P.R. 1 II % I { LOT 34 LOT 33 LOT 36 LOT 35 0 S8935 34 E 301.16 P/L n ,p n IM 37th 8T: '''REA-i.ZW sq: "fL or aioALLEY R _ CV a a Q g^ S89 35'34"E PA 299.44' ^� m 2 W oLOT 31 { I ' 4C ' J /II LOT 39 LOT 37 LOT 35 LOT 33 I 3`•=='=i art—•= 3tS" ' r�..- DG R, f= ( B s u B -0 i tri: LEGEND P.B. Plot Book PG. Page P.O.B. Point of Beginning P.O.C. Point of Commence P/L Property Line R/W Right—of—Way Line 02- 752 NOT VAUD WITHOUT PAGES 1 AND 2 PAGE 3 OF 3 C STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) CITY OF MIAMI ) I, PRISCILLA A. THOMPSON, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 6, inclusive, constitute a true and correct copy of a resolution, with attachments, passed and adopted by the City Commission meeting held on the 27`x' day of June, 2002. SAID RESOLUTION WAS DESIGNATED RESOLUTION NO. 02-752. IN WITNESS WHEREOF, I hereunto set my hands and impress the Official Seal of the City of Miami, Florida, this 15`x' day of April, 2004. PRISCILLA A. THOMPSON City Clerk Miami, Florida b~ (OFFICIAL SEAL) SKETCH i ACCOMPANY LEGAL L 1"CRIPTION Of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 1. LE�QAL DESCRIPTION: A 14 Foot Alley (NE. 37th Street Alley) dedicat/bE AMENDED P T OF MAGNOLIA PARK, according thereof, as re orded in Plat Book 5, at Page 2ic Records of Mia i—Dade County, Florida and BBISCAYNE BADE CLUB SUBDIVISION according thereof, as recorde in Plat Book 1, at Page 1lic Records of Miami— de County, Florida, being particularly described follows: BEGIN at the Southeast C ner of Lot 33 of said plat of SECOND AMENDED PLAT OF AGNOLIA PAR as recorded in Plat Book 5, at Page 25, ofa Public cords of Miami—Dade County, Florida; said point also Bing o the Westerly Right of Way Line of Biscayne Boulevard; en S07' 34'27"W along said Westerly Right of Way Line of scoyne Boulevard for 14.11 feet; thence N89'35'34"W along t rth Line of Lots 31, 33, 35, 37 and 39 of said plat of ENA STA BISCAYNE BADGER CLUB SUBDIVISION, as recorded in Plat Bok 1, at Page 115, of the Public Records of Miami— ode County, lorida, for 299.44 feet; thence NOD'33'19' E fo 13.97 feet to a oint on the South Line of Lot 36; th ce S89'35'34"E alon the South Line of Lots 33, 34, 35 and 6 for 301.16 feet to t Point of Beginning. Containing 4,203 Sot re Feet or 0.10 acres, more less, by calculation. 2. SOZSION, DATA: As to ontrol: — PlaVISTA SUBat Book CouBUENA. BISCAYNE BADGER CLUB 1, Page 115, Miami—Dade — PI of SECOND AMENDED PLAT OF MAGNOLIA PARK, Pat Book 5, Page 25, Miami—Dade County Records. arings as shown hereon are based on assumed bearing of 89'35' 34"E for the North Line of said Lots 31, 33, 35 and 37 of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION; said boundary to be considered on established and a well—monumented line. NOT VALID WITHOUT PAGES 2 AND 3 Superseded PAGE 1 OF 3 l u�J SKETCH TO ACCOMPANY LEGAL "ESCRIPTION Of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 3\ LIMITATIONS: This ketch to Accompany a Legaf Description" was prepared the exp ss purpose of creating an Exhibit for the City of Miami, Zoing Board and does not represent a field boundary Survey. 7 There may b additional restrictions on this parcel th are not shown and moy e found in the Public Records of the ity of and Miami—Dade ounty, Florida or private entities h ing jurisdiction over said parcel. The graphic portionthe Sketch is intended t be displayed in English units. The scale ay be altered by the eproduction process and it must be considere when obtaining sc ed data SURVEYOR'S CERTIF ATE: I hereby certify. That this "Sketch Accompany Legal Description" and the Survey Map re u ing therefrom was performed under my direction and is t e and correct to the best of my knowledge and beli and f ther, that said Sketch meets the intent of the oppli able provis ns of the "Minimum Technical Standards for Land urveyiing in t State of Florida", pursuant to Rule 61G17-6 the Florida Administrative Code and . s implementing law, Chapter 472.027 of the Florida Statutes. J. Bonfill &A ociates, Inc. Florida Certificate f Authorization Number LB3398 9350 S.W. 72nd treet, Suite 265, Miami, Florida. 33173 NO Pray ssional Surveyor and Mapper LS6006 Stike of Florida Dci:e: February 20, 2002 ,NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. 02- 752 NOT VALID WITHOUT PAGES 1 AND 3 Superseded PAGE 2 OF 3 To COMPANY LEGAL DES UPTION Of A Portion of to be closed, abandoned and vacated of Miami., Miami -Dade County, Florida 0' 125' 50' 100' RAPHIC SCALE SCALE : 1" = 50' NOU 'C'n i:5) P.B. Plot Book PG,/ Page B. .O.B. Point of Beginning P.O.C. * LOT 34 LOT 33 Property Line .% Right—of—Way Line LOT 36 LOT 3 i At t--RIW P.O.B: 11 S89 35'34'E 301-16' P/L C*1 .,.-N.L 37th 0. AREA -4.203 10 acres 14' ALLEY R/ R/ 0 CC OV) S89'35'314"E P/L I — I 0 so z AU yj \299-44' /a LOT 31 4C IT 3 LOT 55 LOT 33 LOT 39 LOT 37' I ca ra 'C'n i:5) P.B. Plot Book PG,/ Page B. .O.B. Point of Beginning P.O.C. Point of Commence P/L Property Line R/W Right—of—Way Line NOT VALID WITHOUT PAGES 1 AND 2 Superseded I '752 PAGE 3 OF 3 Pz 1 ZONING FACT SHEET Case Number: 2002-0551 06 -May -02 Item 4 Location: See Request Below Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Bob De La Fuente, Esquire on behalf of 39 Street, LTD 201 South Biscayne Boulevard, Suite 2600 Miami, FL 33131 App. (305) 539-2114 Zoning: Request: C-1 Restricted Commercial Official closing, vacating, abandoning and discontinuing for public use that portion of a public right-of-way of an alley parallel to and North of NE 37th Street between Federal Highway and Biscayne Boulevard. Purpose: This will allow a unified development site. Recommendations: Planning & Zoning Dept.: Approval. Public Works: Approval. Plat and Street Committee: Approval. Dade County No comments. Enforcement History, If any Case No: Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: History: Analysis: See supporting documentation. Zoning Board Resolution ZB 2002-0572 Zoning Board: Recommended approval to City Commission City Commission: N/A. Last Hearing Comply Order Vote: 8-1 02- 752 PLANNING AND ZONING DEPARTMENT ANALYSIS Case No. 2002-0551 VACATION AND CLOSURE OF A PORTION OF AN ALLEY PARALLEL AND NORTH OF NE 37 STREET BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD Pursuant to Section 55-15 (c) of the Miami City Code, the Planning and Zoning Department has reviewed the proposed alley vacation and closure to determine whether it is in the public interest, or whether the general public would benefit from the vacation of the right-of-way. The following findings have been made: • It is found that the proposed alley to be vacated is located within the boundaries of a mixed-use development project knows as Tuttle Street. • It is found that a Major Use Special Permit for Tuttle Street was approved by the City Commission on January 24, 2002. • It is found that the vacation of the alley is required to complete the project as approved by the City Commission. • It is found that the project will act as a new commercial gateway to the Miami Design District and will enhance the urban design of the City. • It is found that the proposed vacation of the alley is therefore in the public interest. Based on these findings, the Planning and Zoning Department recommends approval of the request. 02-W (b2 Meg m 11 oil 1ma1®mm�man r,o u r• la a n o123 e r e a 9 1{ 17 IB N 27 2r 2•, zs 45 Ileeedim� j e apaooam �mC7 �e eee mm�®�m� �mmmm�m oom � • ee�ee►ee�©mm�4 ale eelolee11001 Is 6°➢� lies -Io �0®. win OWN a �cr ! ro ST 35 CO. PARK t, I, � TR. -A i azo --� �•.. • xt • _4 BLAIR TRACT s �e' _ , TP.s 2 _ •)° . ' .i 7 It s 1.. Gr QN ,w - fn ff �: ! >o f0 ! Z )f >9 f0 •• = il. •� 3 • IDR K. •) I. .e^ O•e tl iTY iW Q � 1 IB `� c3 q N • eL K z W 36TH STREET BAYFRONT SUB.14 ; • N. E. 5 T r �� ::'LO R I D A no / res It 2,1 1e T TRACT 'A I I — ,)S »AI N.E 5 I• f0 •• 2 t 0 •• ... I .. i r.. t ' zf z. js�'z n zo ,• y ie `» ,s ,z „ e MIT • s 2' i 7 BAY POINT PLACE 1 =AST 2• .: eo ,. ;» 1 I .z , • • f • T PAD TRACT- A >° >0 roe se w /// r . N E. 34 ST. v E '. w w •• w fo .. f0 ,Ov fn :o so •e • I) to f e 1• z W 27 t• ! � t, z0 1. ,. IT 2 � 3 5 G 7 •e J > 0 AST 2' �l 3 (7 I TR - f ., a .. TwoW �./ r N. E . �, 3 3w ° ST. ro .. A R �� I .e W _ _ z �• f • x 3 , ! q TR c + y K T C ;AILROA I;tm, �e 52 ).z. 23.5 . T.e x1=FROxJ D �Q , ST !: w s ., .2 , 4 , 1 . z 3 • a • T . 6 e , • • le q 12 I co .• • I 1 -w ) e 7 e s t • ) O� a '• TRCACT • a•. w e O• Q 4_ T \V E .\N SE. I ST ee R 1 / eec€ c • a�`a 3 2 i� "' I t a IKWIN,� 7 E R CE ,I- / � i 2, b •t Q• .�1/ I _I -4pn PqRK rE • 7 n � 3 (� .Q 2 Q l.. • 11- /++ 6 14 O': 1 2 ! • IS / A. A.A , y "� PROPERTY ) to TRACT*A* , T r) MELALEVGp 'o e 11 ti � � • ,2 F ,m JEWISH/ 0 5 r FEDERATION ,a TRACT , �e�i o 2 S • a TRACT "A" / Q p� ,O II VACCA SU / S e TRACT *X 7 13 O }p � •• V 14'17 Is Q N. E o 39 '—' • ST. 5• R sT se C.3 54 53 5 5, 50 •e ,B_ • h e B 4 141 14 4 1 6!. PR I N, 38 ST. 33 30 a:e :. es n •' a STEARN9 73 ,] 25_ IT IS 11 s 7 5 3 1 T t v o ROOM L tit Y- rsaw, t'• C �$ . A W Grp T t v o PUBLIC WORKS ANALYSIS FOR VACATION AND CLOSURE OF A PORTION OF AN ALLEY PARALLEL TO AND NORTH OF N.E. 37 STREET BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD The Plat and Street Committee has studied the proposed closure and vacation of a portion of an alley located parallel to and north of N.E. 37 Street, between Federal Highway and Biscayne Boulevard and determined that the closure of this alley will not adversely affect traffic circulation or access for public service vehicles such as trash and garbage trucks, fire, police and 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 "VIA TUTTLE SUBDIVISION" 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 recommend approval of this alley closure and vacation request. 02- 752 (�ttla a ffl -1 a ra -1 JOHN H. JACKSON, P.E. Director March 8, 2002 39" Street Ltd. 1632 Pennsylvania Avenue, 2"d Floor Miami Beach, FL 33139 Dear Ladies and Gentlemen: VIA TUTTLE SUBDIVISION (FIRST RESUBMITTAL) TENTATIVE PLAT #1593-A CARLOS A. GIMENEZ City Manager The City of Miami Plat and Street Committee, at its meeting of March 7, 2002, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 1. In the location sketch: a. In addition to lot numbers, provide block numbers, subdivision names and plat book and page numbers for the plat area and for all adjacent subdivisions. b. Provide zoning information for the proposed plat area and adjacent subdivisions. 2. Provide the owner's name and address on the tentative plat. 3. Reference zoning information as according to City of Miami Zoning Ordinance 11000, as amended. 4. In surveyor's note No. 9, change the purpose statement to ......."an expressed purpose....". 5. An approval letter from the Florida Department of Transportation is required prior to the final plat. 6. The existing utilities in the alley area to be closed and vacated must be relocated or easements must be provided. 02- '752 DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 39th Street Ltd. VIA TUTTLE SUBDIVISION (FIRST RESUBMITTAL) TENTATIVE PLAT #1593-A March 11, 2002 Page two 7. An opinion of title as to reversionary rights for the 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 rights-of-way to be closed and vacated. A copy of the opinion must be provided to the Public Works Department. 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 305-416-2038. Provide a copy to the Department of Public Works. It must be on 8'/"x11" paper. 8. The opinion of title to be submitted with the final plat must follow the City of Miami opinion of title form. 9. Remove the notation to remove all buildings. 10. Provide a distance and a bearing for the centerline of each street. 11 Along Federal Highway, delete one of the two shown centerlines. 12. Label all centerlines as such on the plat. 13. Label underlying Lot 31, (PB 1, PG 15), as such in the main sketch and in the location sketch. 14.The Plat and Street Committee in reviewing the request to close and vacate NE 37 Street.Alley between Federal Highway and Biscayne Boulevard 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 NE 37 Street 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. WA 39" Street Ltd. VIA TUTTLE SUBDIVISION (FIRST RESUBMITTAL) TENTATIVE PLAT #1593-A March 11, 2002 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. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Jac on, P. E. Chairman, Plat and Street Committee JHJ/LJH/df Enclosure: Contact Sheet c: Bonfill & Associates, Inc. 9360 Sunset Dr., #265 Miami, FL 33173 Plat and Street Committee Members bc: Surveys Civil Engineering Central 02— 752 Miami Zoning Boar( Resolution No.: 2002-0572 Monday, May 06, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT OF WAY, BEING THE PORTION OF AN ALLEY PARALLEL AND NORTH OF NORTHEAST 37TH STREET, LOCATED BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A° (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums Yes Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pellon Abst Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola No Mr. Georges Williams Yes AYE: 8 NAY: 1 ABSTENTIONS: 0 NO VOTES: 1 ABSENT: 0 Ms. Fernandez: Motion carries 8-1 Case No. 2002-0551 Teresita L. Fernandez, Executive Secr Department of Planning and Zoning Hearing Boards Division Item Nbr: 4 02- 752 SKETCH T ACCOMPANY LEGAL C .;CRIPTION of A Portion of Alley to be closed, abandoned and vacated Clay of Miami, Miami -Dade County, Florida 1. LEGAL DESCRIPTION: A 14 Foot Alley (NE. 37th Street Alley) dedicated by SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 25 of the Public Records of Miami— Dade County, Florida and BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION according to the plat thereof, as recorded in Plat Book 1, at Page 115 of the Public Records of Miami— Dade County, Florida, being more particularly described as follows: BEGIN at the Southeast Corner of Lot 33 of said plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, as recorded in Plot Book 5, at Page 25, of the Public Records of Miami—Dade County, Florida; said point also being on the Westerly Right of Way Line of Biscayne Boulevard; thence S07' 34'27"W along said Westerly Right of Way Line of -Biscayne Boulevard for 14.11 feet; thence N89'35'34"W along the North Line of Lots 31, 33, 35, 37 and 39 of said plat of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION, as recorded in Plat Book 1, at Page 115, of the Public Records of Miami—Dade County, Florida, for 299.44 feet; thence N00'33'19"E for 13.97 feet to a point on the South Line of Lot 36; thence 589'35'34"E along the South Line of Lots 33, 34, 35 and 36 for 301.16 feet to the Point of Beginning. Containing 4,203 Square Feet .or 0.10 acres, more or less, by calculation. 2. SOURCES OF DATA: As to horizontal Control: — Plat of BUENA VISTA SUBDIVISION, Plat Book County Records. BISCAYNE BADGER CLUB 1, Page 115, Miami—Dade — Plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, Plat Book 5, Page 25, Miami—Dade County Records. Bearings as shown hereon are based an assumed bearing of S89'35' 34"E for the North Line of said Lots 31, 33, 35 and 37 of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION; said boundary to be considered an established and a well—monumented line. Exhibit "A" (1 of 3) 02- NOT VALID WITHOUT PAGES 2 AND 3 PAGE 1 OF 3 17 5 2 SKETCH TO ACCOMPANY LEGA) DESCRIPTION Of Exhibit "A`' A Portion of (2 of 3) Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 3. LIMITATIONS: This "Sketch to Accompany a Legal Description" was prepared for the express purpose of creating on Exhibit for the City of Miami, Zoning Board and does not represent a field boundary Survey. There may be additional restrictions on this parcel that are not shown and may be found in the Public Records of the City of Vic-ni and Miami—Jade County, Florida or private entities having jurisdiction over said parcel. The graphic portion of the Sketch is intended to be displayed in English units. The scale may be altered by the reproduction process and it must be considered when obtaining scaled data SURVEYOR'S CERTIFICATE: I hereby certify. That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said Sketch meets the intent of the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 61G17-6 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. J:'Sonfill & Associates, Inc. Flonds Certificate of Authorization Number LB3398 9360 S.W. 72nd Street, Suite 265, Miami, Florida. 33173 Protess-onai Surveyor and Mapper LS6006 State of Florida D;:'Le: February 20, 2002 NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. 02- 752 NOT VALID WITHOUT , PAGES 1 AND 3 PAGE 2 OF 3 V ki ow Exhibit "A" MUCH TO Ar -'O.'MMIPAW LEGAL DESk 11PTION (3 of 3) or A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida os 0. 25' 50' 700, GRAPHIC SCALE SCALE : 1" = 50' G -NO: fF: TD.=' p - n LOT 36I I LOT 34 LOT 33 LOT 35 /—R/WP.O.S. S89-35'3rE 301.16' P IL tLL 37th .-'/AFtEA-4'.203'sq. 'ft. or C'L10 acm*..-" UALLEY R/W- S8935-34-E PA 299.44- f + I l LOT 31 LOT 39 LOT 37 LOT 35 i LOT 33 1� E 3 �. - . LEGEND P.B. Plat Book PG. Page P.O.B. Point of Beginning P.O.C. Point of Commence P/L Property Line R/W Right—of—Way Line NOT VAUD WITHOUT PAGES 1 AND 2 () 1%')W - 17, 27) 2 PAGE 3 OF 3 FANNING AND ZONING DEPARTM,.4T HEARING BOARDS DIVISION 444 SYN 2nd Avenue, 7"Floor • Miami, Florida 33130 Telephone 305416-1480 • Fax 305416-2035 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. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AAA UNTIL 3:30 PM. RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. 1, Bob de la Fuente. Esq on hehal f of '39rh Sr•-_TT.rA_,_, and Taino Investments Inc. hereby apply to the City Commission of the City of Miami in accordance with Section 55-15 of the Code of the City of Miami as more particularly described herein and, in support of that request, fumish the following information: 1- 4203 Total square feet. 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two 11 x17" 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. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 6. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of Property covered by the application (see pages 5 and 6). 7. At least two photographs that show the entire property (land and improvements). 02- 752 FROM City of Mlami r-1-1 Its -- r 8. Attach Opinion of Title addressing the reversionary rights (note: an update shall be required if more than 3 months elapse before Zoning Board or City Commission approval). " 9. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 10. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square That of right-of-way $ .90 Minimum $ 1,200.00 (b) Re -submittal: Per square foot of right-of-way $ . .90 Minimum $ 1,200.00 Maximum $ 1,700.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 11. All documents, reports, studies, exhibits (an 8 % x 11" copy) or other written or graphic materials, if any, to be used by the applicant in support of the application shall be submitted with and be a part of this application. The undersigned, being the owner or representative of the owner, of the property located at Approximately Federal HjghM3z-s Nig, 3,;r St.., Biscayne Blvd. & NE 38th St. AND MORE PARTICULARLY DESCRIBED AS: Lot(S) 32 Less Part in Bis Rluri 33 less W5ft; 31 ,33,35,37 Block(s) Subdivision Magnolia Park 2nd Amended; R„p":,sta 91ses !Badger—Club 12. What is the purpose of this street closure? To allow a u n i f e d commercial development Rev. Rev. 12/08/01 Signature Name Address Miami, FL Telephone (3 0 5) 539-2114 Date 3 lG 2 -- 02_ 752 rm.ws . ..a .- STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 06ptk 20QL. by Bob de la F r o n t o who is an individual personally known to me o has produced as identification and wh did d not) take an oath. (Stamp) Signature % Crisefe Torres x MY COMMISSION # CC778123 EXPIRES ]a�uary 9, 2003 ,,. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2CL_, by of a 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. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of 20 . by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 12IM01 Signature 02- 752 FROM : City of Miami nearing noaras r nn 114u. . Je,__X+boGrjJJ AFFIDAVIT Before me, the undersigned authority, this day personally appeared Bob de la Fuente ,.r , who being by me first deposes and.says: 1. That 6elhe is the owner, or the 'tegal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which. he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the street closure as set out in the accompanying petition, including responding to day to day staff inquires; Q not including responding to day to day staff inquiries in which case he/she should be contacted at 7&_636 -zl/tel. 3. That the foregoing. pages are made a part of this affidavit contain the current names, ._V" mailing addresses, telephone numbers and legal descriptions for the real property of which .V' 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. Bob de. la Fuente Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing. instrument was acknowledged before me this V day o 20Q�, by Bob d e 1 a Fuente who is an individual Rersnnallg known to me rr who has produced as identification and who� Did not) take an oath. (Stamp) OSEAL NOTARY PUBUC SrATE OF FLORIDA COMMISSION No. CC09117 Rev. 12/06/01 MY COMMSSION EXP. Y 28 » OWNER'S LIST Owner's Name 39d' Street, Ltd.. Mailing Address 1632 Pennsylvania Avenue, Miami Beach Zip Code 33139 Telephone Number (305) 531-8700 Legal Description: PROPERTY ABUTTING ALLEY TO BE CLOSED Magnolia Park 2nd Amd PB 5-25; Lot 32 less part in Bisc. Blvd. & Lots 33 thru 36 less W5 Ft & Buena Vista Bisc. Badger Club COS, PB 1-115 Lots 31, 33, 35, 37. Owner's Name Taino Investments, Inc. Mailing Address 3311 SW 2nd Avenue, Miami Zip Code 33127 Telephone Number Legal Description: PROPERTY ABUTTING ALLEY TO BE CLOSED Buena Vista Bisc. Badger Club COS, PB 1-115 Lots 39 & 41, Less Hwy. Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Any other real estate property owned individually, jointly, or severally (by'corporation, partnership or privately) with 500 feet of the subject site is listed as follows: Street Address 3627 N.E. 1st Court Street Address 299 Ne 38t' Street ::0DMA\MH0DMA\M1AMI;328973;1 Legal Description Youngs Add Buena Vista PB 3-20 Lot 22 Legal Description Magnolia Park 2' Amd PB 5-25 Lots 37 to 39 Less St. 752 DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: Address: Property surrounding alley to be closed: Bounded by Federal Highway, N.E. 37'h Street, . Biscayne Blvd. and N.E. 38`' Street Legal Description or property surrounding alley to be closed:: Magnolia Park 2"d Amd PB 5-25; Lot 32 less part in Bisc. Blvd. & Lots 33 thru 36 less W5 Ft & Buena Vista Bisc. Badger Club COS, PB 1-115 Lots 31, 33, 35, 37 Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. 39' Street, Ltd., a Florida Limited Partnership 1632 Pennsylvania Avenue Miami Beach, Florida 100% of the above-described property. 39'' Street, Inc., a Florida corporation Same Address 1% General Partner of 39" Street, Ltd. Craig Robins Same Address 100% of 39' Street, Inc. Craig Robins Same Address 99% Limited Partner of 39'' Street. Ltd. 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. See Attached Bob de la Fuente / U Owner or Attorney for Owner Name bwner or-Attorney/fir Owner Si at re STATE OF FLORIDA COUNTY OF MIAMI-DADE /,, ►,t,. The foregoing instrument was acknowledged before me this V N -du of- '200,, by Bob de la Fuente, Esq., on behalf of 39th Street, Ltd. knowo me or _ has produced as identificatio nd w d' id ot) take a�n oath. (SSP) OFFICIAL, OTARY SEAL ANA M JIMENEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSLON No. CC859117 MY CpMM]S'SION 17CP. Y 28 Signature 3627 N.E. I" Court Youngs Add Buena Vista PB 3-20 Lot 22 299 Ne 38" Street Magnolia Park 2"d Amd PB 5-25 Lots 37 to 39 Less St. :ODMA\MHODMA\Miami;327632;1 02 752 OWNER'S LIST Owner's Name 391' Street Ltd.. Mailing Address 1632 Pennsylvania Avenue. Miami Beach Zip Code 33139 Telephone Number (305) 531-8700 Legal Description: PROPERTY ABUTTING ALLEY TO BE CLOSED Magnolia Park 2nd Amd PB 5-25; Lot 32 less part in Bisc. Blvd. & Lots 33 thru 36 less W5 Ft & Buena Vista Bisc. Badger Club COS, PB 1-115 Lots 31, 33, 35, 37. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Taino Investments Inc. 3311 SW 2nd Avenue, Miami Zip Code 33127 PROPERTY ABUTTING ALLEY TO BE CLOSED Buena Vista Bisc. Badger Club COS, PB 1-115 Lots 39 & 41, Less Hwy. Mailing Address Telephone Number Legal Description: Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) with 500 feet of the subject site is listed as follows: Street Address 3627 N.E. 11 Court Street Address 299 Ne 381 Street ::ODMAUMiODMA\Miami;328973;1 Legal Description Youngs Add Buena Vista PB 3-20 Lot 22 Legal Description Magnolia Park 2nd Amd PB 5-25 Lots 37 to 39 Less St. DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: Address: Property abutting alley to be closed: Approximately by Federal Highway, and N.E. 37' Street Legal Description or property abutting alley to be closed: Buena Vista Bisc. Badger Club COS, PB 1-115 Lots 39 & Lot 41 Less Hwy. Owner(s) of subject real property and percentage of ownership. Note: The Code ofthe City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Taino Investments, Inc. 3311 SW 2nd Avenue Miami, Florida 100% owner of above -listed property Wilfredo Santiago Same address as above 50% owner of Taino Investments, Inc. Georgina Santiago Same address as above 50% owner of Taino Investments, Inc. 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 Bob de la Fuente Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this <2 day of March, 2002, by Bob de la Fuente, Esq., on behalf of Taino Investments, Inc. He is personally known to me or _ has produced as identificati d who did an oath. (Stamp) SigWature ::ODMA\NMODNM\Miami;328975;1 ' Crlsele Torres MY COMMISSION CC776123 RES - EXPI 7cnucry 9, 2003 IN BLINDED TARO TROY FAIN INSUBAN E fR 02- 752 RESOLUTION WHEREAS, Taino Investments, Inc., a Florida corporation, desires to file certain public hearing applications in the City Of Miami including but not limited a Tentative Plat application, Final Plat application and an Alley Closure application ("Public Hearing Applications"); and WHEREAS, Taino Investments, Inc. desires to authorize certain individuals to sign any documents on behalf of Taino Investments, Inc. regarding said Public Hearing Applications; and WHEREAS, the Board Of Directors and/or Stockholders and/or General Partners at a duly noticed and held meeting has considered the matter in accordance with the by- laws of the corporation; and WHEREAS, it was upon motion duly made and seconded that Santiago D. Echemendia, P.A. and Bob de la Fuente, Esq. be authorized to sign any documents on behalf of Taino Investments, Inc. regarding said Public Hearing Applications. NOW THEREFORE, BE IT RESOLVED TAINO INVESTMENTS, INC. that Santiago D. Echemendia, P.A. and/or Bob de la Fuente are hereby authorized to sign any documents on behalf of Taino Investments, Inc. in furtherance of said Public Hearing Applications. Dated this day of 2002. TAINO INVESTMENTS, INC., a Florida corpo tion, By: Nam : Title: (CORPORATE SEAL) 02_, 4) SKETCH TU ACCOMPANY LEGAL DESCRIPTION of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 1. LEGAL DESCRIPTION: A 14 Foot Alley (NE. 37th Street Alley) dedicated by SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 25 of the Public Records of Miami— Dade County, Florida and BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION according to the plat thereof, as recorded in Plat Book 1, at Page 115 of the Public Records of Miami— Dade County, Florida, being more particularly described as follows: BEGIN at the Southeast Corner of Lot 33 of said plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, as recorded in Plat Book 5, at Page 25, of the Public Records of Miami—Dade County, Florida; said point also being on the Westerly Right of Way Line of Biscayne Boulevard; thence S07' 34'27"W along said Westerly Right of Way Line of Biscayne Boulevard for 14.11 feet; thence N89'35'34"W along the North Line of Lots 31, 33, 35, 37 and 39 of said plat of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION, as recorded in Plat Book 1, at Page 115, of the Public Records of Miami—Dade County, Florida, for 299.44 feet; thence N00'33'19"E for 13.97 feet to a point on the South Line of Lot 36; thence S89'35'34"E along the South Line of Lots 33, 34, 35 and 36 for 301.16 feet to the Point of Beginning. Containing 4,203 Square Feet or 0.10 acres, more or less, by calculation. 2. SOURCES OF DATA: As to horizontal Control: — Plat of BUENA VISTA SUBDIVISION, Plat Book County Records. BISCAYNE BADGER CLUB 1, Page 115, Miami—Dade — Plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, Plat Book 5, Page 25, Miami—Dade County Records. Bearings as shown hereon ore based an assumed bearing of S89'35' 34"E for the North Line of said Lots 31, 33, 35 and 37 of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION; said boundary to be considered an established and a well—monumented line. 02- 752 NOT VALID WITHOUT PAGES 2 AND 3 PAGE 1 OF 3 SKETCH ` ACCOMPANY LEGAL ( SCRIPTION Of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade C -,inty, Florida 3. LIMITATIONS: This "Sketch to Accompany a Legal Description" was prepared for the express purpose of creating an Exhibit for the City of Miami, Zoning Board and does not represent a field boundary Survey. There may be additional restrictions on this parcel that are not shown and may be found in the Public Records of the City of Miami and Miami—Dade County, Florida or private entities having jurisdiction over said parcel. The graphic portion of the Sketch is intended to be displayed . in English units. The scale may be altered by the reproduction process and it must be considered when obtaining scaled data SURVEYOR'S CERTIFICATE: I hereby certify. That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said Sketch meets the intent _of the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 61G17-6 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. J. Bonfill & Associates, Inc. Florida. Certificate of Authorization Number LB3398 9360 S.W. 72nd Street, Suite 265, Miami, Florida. 33173 BY: — — C // Professional Surveyor and Mapper LS6006 State of Florida Dc te: February 20, 2002 NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. 752 NOT VAUD WITHOUT PAGES 1 AND 3 PAGE 2 OF 3 SKETCH TO ACCOMPANY LEGAL DESuRIPTION Of A Portion of Alley to be closed, abandoned and vacated City of Miami, Miami -Dade County, Florida 0. 25' 500 GRAPHIC SCALE SCALE : 1" = 50' V LOT 36 R/W N. I LOT 39 LOT 34 LOT 35 S89'35'34*E 301.16 f— P/L f - 37th ST.,--.,",,,�'�,,,-AREA -4.203 sqft. or 0.10 caes",". /114! ALLEY ;89-35-34"E '-I— PA 299.44' LOT 37 LOT 35 f LOT 33 B: 3. LEGEND P.B. Plot Book PG. Page P.O.B. Point of Beginning P.O.C. Point of Commence P/L Property Line R/W Right—of—Way Line LOT 33 P 'AJ 49 W I Z- :0 0 -^ lu Jx--- LOT 31 1 4c 0 02 752 NOT VALID WITHOUT PAGES 1 AND 2 PACE 3 OF 3 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, as an inducement to vacate the alley described below, it is hereby certified that we have examined Chicago Title Insurance Company Status of Title Report No. 300109266 completely covering the period from the beginning to February 11, 2002 at 11:00 a.m., inclusive, of the following described real property: Parcel 1: A 14 Foot Alley (NE. 37th Street Alley) dedicated by SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 25 of the Public Records of Miami -Dade County, Florida and BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION according to the plat thereof, as recorded in Plat Book 1, at Page 115 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: BEGIN at the Southeast Corner of Lot 33 of said plat of SECOND AMENDED PLAT OF MAGNOLIA PARK, as recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida; said point also being on the Westerly Right of Way Line of Biscayne Boulevard; thence S07°34'27"W along said Westerly Right of Way Line of Biscayne Boulevard for 14.11 feet; thence N89°35'34"W along the North Line of Lots 31, 33, 35, 37, 39 and 41 of said plat of BUENA VISTA BISCAYNE BADGER CLUB SUBDIVISION, as recorded in Plat Book 1, at Page 115, of the Public Records of Miami -Dade County, Florida, for 319.52 feet; thence N14°27'53"E for 14.43 feet to a point on the South Line of Lot 36; thence S89035'34"E along the South Line of Lots 33, 34, 35 and 36 for 317.78 feet to the Point of Beginning. Less that portion of the alley described as: The South one-half of the aIIey lying immediately to the north of and abutting Lot 39 at Buena Vista Biscayne Badger Club Subdivision filed in Plat Book 1 at page 115 of the Official Records of Book 1 at page 115 of the Official Records of Miami -Dade County, Florida. Parcel 2: That portion of the alley described as: The South one-half of the alley lying immediately to the north of and abutting Lot 39 at Buena Vista Biscayne Badger Club Subdivision filed in Plat Book 1 at page 115 of the Official Records of Book 1 at page 115 of the Official Records of Miami -Dade County, Florida. I:\LE\DACRA\ViaTuthe\OT-CityMiatni-alley.wpd 02— ! 5 fir Basing our opinion on said title report we are of the opinion that on the last mentioned date, the reversionary rights to the alley described above were vested in: 39th St., Ltd., a Florida limited partnership, as to Parcel 1 Taino Ivestments, Inc., a Florida corporation, as to Parcel 2. Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the years 2001 and subsequent years. 2. Rights of parties in possession other than the above persons. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 1. Mortgage and Security Agreement dated March 8, 2000, from 39TH ST., LTD., a Florida limited partnership, to COLONIAL BANK, recorded in Official Records Book 19108, Page 4686. 2. Assignment of Leases and Rents recorded in Official Records Book 19108, Page 4714. 3. UCC -1 Financing Statement recorded in Official Records Book 19108, Page 4723. 4. Matters set forth in the Plat of Second Amended Plat of Magnolia Park filed in Plat Book 5, Page 25. 5. Matters set forth in the Plat of Buena Vista - Biscayne Badger Club Company filed in Plat Book 1, Page 115. All recording references are to the Public Records of Miami -Dade County, Florida. Therefore, it is our opinion that the following parties must consent to the vacation of the alley established pursuant to the above-described dedication. Name Interest Special Exception Number 39th St., Ltd. Owner N/A Taino Investments, Inc. Owner N/A Colonial Bank Mortgagee 1, 2, 3 1:\LE\DACRA\ViaTuttle\OT-CityMiami-alley.wpd -2- 02- 752 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 day of(rt4C/� , 2002• COBB & EBIN P.A. By: Linda Ebin 1399 S.W. First Avenue, Suite 301 Miami, FL 33130 I:\LE\DACRA\ViaTuttle\OT-CityMiami-alley.v,pd -3- DEDICATION LANGUAGE ON SECOND AMENDED PLAT OF MAGNOLIA PARK, PB 5-25: It is understood that in filing this plat for record, that streets or driveways, or parks are not dedicated in any wise to the public but for the use and benefit of the lot holders of the lots shown on said plat, provided however that the walks and driveways as shown on this plat between lots B, C, D, E, 20 and 21 are for the use and benefit of the lot holders of lots B, C, D, E, 20 and 21, as shown on said plat and are not in any wise dedicated to the public or other lot owners. In case all the lots on this plat should revert or come into possession of the grantors, their heirs or assigns, the said streets, alleys, driveways and parks may be closed or other disposition made of same. I: \LE\DACRA\ V iaTuttle\DEDICATION-LANGUAGE. wpd 02- 752