HomeMy WebLinkAboutR-02-0815J -02-491(b)
05/23/02
02- 815
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, 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 36TH STREET, EAST OF
NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, AS
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A."
WHEREAS,
the Miami
Zoning
Board
at its
meeting of
May 06, 2002,
Item
No.
3,
duly
adopted
Resolution No.
ZB 2002-0571
by a
nine
to zero
(9-0) vote,
RECOMMENDING DENIAL 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
WHEREAS, the Plat and Street Committee has reviewed the
subject tentative plat and determined that all technical
8-
COIN TAI 11119fa;.
CITY OMMISLOAT
WME
JUL 0 9 2002
Qx No.
02- 815
requirements and other matters coming before them have been met;
and
WHEREAS, Notwithstanding the Zoning Board decision 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;
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 36th Street, east of Northeast Miami
Place, Miami, Florida, as legally described in attached
"Exhibit A," is closed, vacated, abandoned and discontinued for
public use.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll.
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 2 of 3 02- 815
PASSED AND ADOPTED this _-19th day of ,Juy , 2002.
ATTEST:
PRISCILLA 4A.OMP'SON
CITY CLERK
APPROVED FOR, AND CORRECTNESS:
R I EL
l�ITY TTORNEY
VOJ
W 71:YMT:smg
Page 3 of 3 02-
815
Sep 17 01 03;25p J. Bonfill L Rssociates
2. LEGAL DESCRIPTION:
305-5s8-0023
p.7
A parcel of land lying and being the Southeast quarter of
Section 24, Township 53 South, Range 41 East, City of Miami in
Miami—Dade County, Florida and Being more particularly described by
metes and bounds as follows:
Commence at the Southeast corner of said Section 24; thence
S88'23'47"W along the South line of the Southeast
one—quarter of said Section 24, for 687.23 feet; thence NOV
45'02"W, for 35.00 feet to the Point of Beginning; thence S88'
23'47W along the Northerly Right of Way of Northeast 36th
Street, for 105.09 feet; thence N46'38'41 "W, for 1.60 feet;
thence N01'39'25"W along the Easterly Right of Way of
Northeast Miami Place, for 200.37' feet; thence N87'
44'55"E along the Southerly Right of Way line of 36th Street
Expressway, for 147.86 feet; thence S01'45'02"E along the
Westerly Right of Way of Northeast 1st Street, for 108.16
feet; thence S88'25'28"W, for 41.97 feet; thence S01'45'02"E,
for 95.03 feet to the Point of Beginning.
Containing 25,961 square feet or 0.60 acres more or less by
calculation.
Last printed ' -'19/2001 9:55 ANI
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
of
A Portion of
Alley to be closed, abandoned and vacated
City of Miami, Miami -Dade County, Florida
PARCEL OF LAND LUNG AND B
SECTION 24. TOWNSHIP 53 S
EING THE SE QUARTER
OUTH, RANGE 41 EAST
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02- 815
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02- 815
ZONING FACT SHEET
Case Number: 2002-0550 06 -May -02 Item 3
Location: See Request Below
Legal: (Complete legal description on file with the Hearing Boards Division)
Applicant: Bob De La Fuente, Esquire on behalf of
Design District Association, LTD
201 South Biscayne Boulevard, #2600
Miami, FL 33131
App. (305) 539-2114
Zoning: SD -8 Design Plaza Commercial -Residential District
Request: 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 36th
Street, East of NE Miami Place.
Purpose: This will allow a unified development site.
Recommendations:
Planning & Zoning Dept.:
Continued.
Public Works:
Approval.
Plat and Street Committee:
Approval.
Dade County
N/A.
Enforcement History, If any
Case No: Last Hearing
Found
Violation(s)
Ticketing Action:
Daily $0.00 Affidavit Non -Compliance Issued
Warning Letter sent
Total Fines to
$0.00 Lien Recorded Comply Order
CEB Action:
History:
Analysis: See supporting documentation.
Zoning Board Resolution ZB 2002-0571
Zoning Board: Recommended denial to City Commission. Vote: 9-0
City Commission: Continued from City Commission of June 27, 2002.
PZ 1
02- 8115
PLANNING AND ZONING DEPARTMENT
ANALYSIS
Case No. 2002-0550
VACATION AND CLOSURE OF A PORTION OF AN ALLEY PARALLEL TO
AND NORTH OF NE 36 STREET AND EAST OF NE MIAMI PLACE
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 applicant has stated that he is proposing to vacate an alley in order to
allow the construction of a unified commercial development.
It is found that since the subject property is located in a Special District that requires
design review prior to the issuance of any building permits, and the Planning and Zoning
Department has not been presented with copies of the plans for said development, then
the Planning and Zoning Department cannot analyze the impact of the proposed alley
vacation or make a determination regarding pubic benefit without reviewing said plans
first.
Based on these findings, the Planning and Zoning Department recommends that the
request be continued in order to give the applicant an opportunity to present the
plans to the Department for review and analysis, which will be required as part of the
Class II process anyway.
02' 815
PUBLIC WORKS ANALYSIS FOR
VACATION AND CLOSURE OF A PORTION OF AN ALLEY LOCATED PARALLEL
TO AND NORTH OF N.E. 36 STREET, EAST OF N.E. MIAMI PLACE
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. 36 Street, east of N.E.
Miami Place 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 "SOUTH DESIGN
DISTRICT 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- 815
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Now
02- 815
Miami Zoning Board
Resolution No.: 2002-0571
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 DENIAL TO THE CITY COMMISSION OF THE OFFICIAL
VACATION AND CLOSURE OF A PUBLIC RIGHT OF WAY, BEING THE PORTION OF AN
ALLEY PARALLEL TO AND NORTH OF NORTHEAST 36TH STREET, EAST OF NORTHEAST
MIAMI PLACE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -8 DESIGN PLAZA
COMMERCIAL -RESIDENTIAL DISTRICT.
Upon being seconded by Mr. Allan Shulman,
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
Yes
Mr. Georges Williams
Yes
AYE:
9
MAY:
0
ABSTENTIONS:
0
NO VOTES:
1
ABSENT:
0
Ms. Fernandez: Motion carries 9-0
Teresita L. Femandez, xecutive Secrelaiy
Department of Planning and Zoning
Hearing Boards Division
Case No. 2002-0550 Item Nbr: 3
02 815
L - - "J
Sep 17 01 03:25p J. Bonfill i. Associates 305-598-0023 p.7
Exhibit "A"
U of 2)
2. LEGAL DESCRIPTION:
A parcel of land lying and being the Southeast quarter of
Section 24, Township 53 South, Range_ 41 East, City of Miami in
Miami --Dade County, Florida and Being more particularly described by
metes and bounds as follows:
Commence at the Southeast corner of said Section 24; thence
S88'23'47"W along the South line of the Southeast
one—quarter of said Section 24, for 687.23 feet; thence NOV
45'02"W, for 35.00 feet to the Point of Beginning; thence S88'
23'47W along the Northerly Right of Way of Northeast 36th
Street, for 105.09 feet; thence N46'38'41 "W, for 1.60 feet;
thence N01'39'25"W along the Easterly Right of Way of
Northeast Miami Place, for 200.37 feet; thence N87'
44'55"E along the Southerly Right of Way line of 36th Street
Expressway, for 147.86 feet; thence S01'45'02"E along the
Westerly Right of Way of Northeast 1st Street, for 108.16
feet; thence S88'25'28"W, for 41.97 feet; thence S01'45'02"E.
for 95.03 feet to the Point of Beginning.
Containing 25,961 square feet or 0.60 acres more or less by
calculation.
0 2 '
25.00'
I
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Exhibit "A" Last Printed ' 0/19120019:55 AIM
of 2)
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
of
A Portion of
Alley to be dosed, abandoned and vacated
City of Miami, Miami -Dade County, Florida
PARCEL OF LAND LUNG AND BEING THE SE QUARTER
SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EAST
WEST a3.08'
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ar aac. 24-s3-41 SEC. 24-53-41
F:1Projects101-0647\Sketch & Legal ReportlA* Vacation doc
Page 1 of 3
0�- 815
(9ttia -of ffliaml
I OF
)OHN N. JACKSON, P.E. F -
Director
7 �o
October 5, 2001
Design District Assoc. Ltd.
1632 Pennsylvania Avenue, 2 n1 Floor
Miami Beach, FL 33139
Dear Ladies and Gentlemen:
SOUTH DESIGN DISTRICT SUBDIVISION - NEW TENTATIVE PLAT #1592
CARLOS A. GIMENEZ
City Manager
The City of Miami Plat and Street Committee, at its meeting of October 4, 2001,
approved the above tentative plat subject to the following revisions being made
to the tentative plat, additional information being provided and/or variances
being granted. Please be advised that the processing of your tentative plat cannot
proceed until these conditions have been satisfied:
1. in the location sketch:
a. Expand the sketch to the West and to the South.
b. Label the area to be platted as South Design District Subdivision.
c. Provide zoning information for the proposed plat area and for all adjacent
subdivisions.
d. Provide lot and block numbers, subdivision names and plat book and page
numbers for all adjacent subdivisions.
e. Provide a sectional/fractional legal description.
2. Label area to be platted as Tract A and provide net square footage and acreage
in the main sketch.
3. Provide owner's name and address.
4. Correct and reference zoning information as according to City of Miami Zoning
Ordinance 11000, as amended.
S. Show any underground utilities in the adjacent streets.
6. Provide a note that there are no trees in the plat area.
7. Provide an opinion of title for the remnant portion southeasterly of the plat
area.
8. Show existing subdivisions to the East, to the South and to the West of the
proposed plat in the main sketch.
9. Show proposed 25 -foot corner radius, with curve data, at the Southwest corner
of the proposed plat. Designate the external area as right-of-way to be
dedicated by this plat. Provide square footage.
®2- 815
DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 331301(305)416-1200/Fax:416-2153
Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708
Design District Assoc. Ltd.
SOUTH DESIGN DISTRICT SUBDIVISION - NEW TENTATIVE PLAT #'1592
October 5, 2001
Page two
10. Change the statement, the purpose ...... to an expressed purpose..." in
surveyor's note No. 9.
11. A plat approval letter from the Florida Department of Transportation is
required prior to final plat.
12. Delete the statement... for Dacra Development Corp., and provide a
sectional/fractional/legal description in the title block of the main sketch. Also
include: City of Miami, Miami -Dade County, Florida.
13. Delete subjects b and c from surveyor's note No. 8.
14. 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 305-416-2030. Provide a copy to the Department
of Public Works. It must be on 81/2" x 11". paper.
15. Provide recording information for the West 10 feet and a portion of the South
15 feet of the plat area, which our records (MAS16R) show as not dedicated for
right-of-way.
16. The opinion of title to be submitted with the final plat must follow the City of
Miami opinion of title form.
17. Reference Miami -Dade County flood criteria map, plat book and page numbers.
18. Show the zoning districts in the location sketch.
19. Correct the proposed plat description in the location sketch (the Southeast
corner is not a part).
20. Provide the right-of-way dedication information along N.E. 36 Street.
21. Identify the North/South roadways in the location sketch.
22. The Plat and Street Committee in viewing the request to close and vacate the
alley located approximately 84 feet North of N.W. 36 Street between N.E. Miami
Place and N.E. 1 Avenue, have considered the public interest requirements
found in Chapter 55 of the Miami City Code. These requirements having been
met, the Plat and Street Committee recommends approval of the vacation and
closure of the said alley.
0 2 `; g
Design District Assoc. Ltd.
SOUTH DESIGN DISTRICT SUBDIVISION - NEW TENTATIVE PLAT #1592
October 5, 2001
Page three
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.
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. Jacks , P.E.
Chairman, Plat and Street Committee
JHJ/rjf
Enclosure: Contact Sheet
C: Bonfill & Assoc., Inc.
9360 SW Sunset Drive, #265
Miami, FL 33173
Members of the Plat and Street Committee
bc: Surveys
Civil Engineering
Central
02- 815
REPLY TO:
Miami
WRITERS DIRECT LINE
(305) 539-2114
E-MAIL:
BDF@Tewlaw.com
March 7, 2002
VIA HAND DELIVERY
Ms. Teresita Fernandez
Office of Hearing Boards
City of Miami
444 SW 2nd Avenue, 71 Floor
Miami, FL 33130
Re: South Design District Subdivision:
New Tentative Plat No. 1592
Application for Alley Closure
Our File No.: 20591.002
Dear Ms. Fernandez:
TEW CARDENAS REBAK
KELLOGG LEHMAN
DEMARLA TAGUE
RAYMOND & LEVINE, L.L.P.
A T T O R N E Y S A T L A W
On behalf of Design District Associates, Ltd., we file the enclosed Application for Alley
Closure, for the alley located at approximately N.E. 36`' Street and N.E. I" Avenue. The Tentative
Plat for this property was approved at the October 4, 2001 Plat and Street Committee meeting. At
this same meeting, the Plat and Street Committee recommended approval of the vacation and closure
of the alley, finding that the public interest requirements set forth in Chapter 55 of the Miami City
Code were met.
We request the closure of this alley in order to allow the developer to construct a unified
commercial development. All lots abutting the alley are owned by the applicant. A unified
commercial development will provide more than sufficient alternatives to the existing alley for
access for the general public, including access for trash, garbage, police, fire, and emergency
services. The unified commercial site will remove any general public need for the alley, and its
closure will not adversely affect the provision of police, fire, or other emergency services. The
closure of the alley, and the ability to construct a unified commercial development, will have a
beneficial effect on the pedestrian and vehicular access in the general area. Accordingly, the public
interest will be served by the closure of this alley.
Please feel free to contact me with any questions you may have.
cc: Craig Robins
David Holtzman
S. Echemendia
::0DMA\MH0DMA\M1AMI;327994;1
• MIAMI OFFICE
MIAMI CENTER, 26TH{ FLOOR, 201 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA 33131-4336, TELEPHONE 305/536-1112, FACSIMILE 305/536-1116
• TALLAHASSEE OFFICE -
MONROE PARK TOWER, 101 N. MONROE STREET, SUITE 725, TALLAHASSEE, FLORIDA 32301, TELEPHONE 850/841-7770. FACSIMILE 850/841-7778
02-- 815
ROM . City of rucan. —= ---. -
PLANNING AND ZONING DEPARTMENT
HEARING BOARDS DIVISION
444 SW 2nd Avenue, 7M' Floor • Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-415-2035
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 AM UNTIL 3:30 PM.
RECORDATION COST FOR THE RESOLUTION 1S $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES.
ALL FEES ARE SUBJECT TO CHANGE.
1, Bob de la FuentL. Esq, on behalf of Design District Associates,
Ltd.
hereby apply to the City Commission of the City of Miami in accordance with Section 55-15 of
the Code of the City of Miami as more particularly described herein and, in support of that
request, furnish the following information:
1. 830.8
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- 815
FROM City of I"(ldMl r=e1r-1r1y A.,�.. —
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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 113
pertinent to this application).
10. Cost of processing, according to the City Code:
Vacation of public right-of-way:
(a) Original submittal: Per square foot of righW--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 N.E. Miami Place, N.E. 36th Street and N.E. 1st Avenue
AND MORE PARTICULARLY DESCRIBED AS:
Lot(S) See attached for Full Legal Description
Block(s)
Subdivision
12. What is the purpose of.this street closure? To allow a unified commercial
development.
Rev. 12/0=1
Signature
Name
Address
201 S. Biscayne Blvd.-
. "
Ste. 2600, Miami
Telephone (3 0 5) 539-2114
Date
RCM : City of rn ami Hca, ...y --- _. _
STATE OF FLORIDA
COUNTY OF MIAMI-DADE "
The foregoing instrument was acknowledged before me this 9 day of
20 02,. , by 'Rob d P In P" en t o, R c r who is an individual
pamonally known to o has produced as
identification and wh did (di not) take an oath.
ANA M PMENEZ
(Stamp) NOTARYWBUCSPATEofR.ORmA
COW156I0N NO. axm17
LMY COMMISSION EXP, ',Y2%2M
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this .. day of
20_ , 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) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
'f 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) Signature
Rev. 12/0&01
02- 815
FROM City of Miami nearing wara 5 r r+n Nu.
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared B o b
.„r de la Fuente, E s a e , who being by me first deposes and. says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete
permission for him/her to act in his/her behalf for the street closure as set out in the
accompanying petition, including responding to day to day staff inquires; D not including
responding to day to day staff inquiries in which case he/she should be contacted at
(305) 539-2114
3. That the foregoing pages are made a part of this affidavit contain the current names,
.W' 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.
Bob de la Fuente
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20Q,j., by Bob de la Fuente who is an indiv uaI
personally known
identification and
(Stamp)
Rev. 12/06/01
Signature
Crisele Torres
= �. _ My COMMISSION # CC778123 EXPIRESM
t :�? a=
January 9, 2003
+ •. �: BONDED THRU TROY FAIN INSURfE,ING
815
OWNER'S LIST
Owner's Name Design District Associates Ltd..
Mailing Address 1632 Pennsylvania Avenue, Miami Beach Zip Code 33139
Telephone Number (305) 531-8700
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
See Legal Description attached to Disclosure of Ownership
Zip Code
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. 1s` Court
:0D1v1A\MH0DMA\ v1IAMI;328978;1
Legal Description
Youngs Add Buena Vista PB 3-20
Lot 22
02- 815
DISCLOSURE OF OWNERSHIP
Legal description and street address of subject real property:
Address of property surrounding alley to be closed:: Located between N.E. Miami Place, N.E. 36`h
Street, and N.E. V Avenue
Legal Description of property surrounding alley to be closed: See attached
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 #2
requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their addresses and proportionate interest.
Design District Associates, Ltd., a Florida Limited Partnership
1632 Pennsylvania Avenue
Miami Beach, Florida
100% of the above-described property.
Design District Associates, Inc., a Florida corporation Craig Robins
Same Address Same Address
I% General Partner of Design District Associates, Ltd. 99% Limited Partner of
Design District Associates, Ltd.
Craig Robins
Same Address
100% of Design District Associates, 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.
3627 N.E. V Court
Youngs Add Buena Vista PB 3-20
Lot 22
Bob de la Fuente
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
or Attorney faf Owner Signature
The foregoing instrument was acknowledged before me this day of -
by Bob de la Fuente, Esq., on behalf of _Dacra Design Associates, Ltd. He
(SSP)
:ODMA\MHODMAVv4iami;327369;1
Signature
2002,
an
`•""" `� Crisele Torres
MY COMMISSION # CC778113 EXPIRES b j
January 9,5
q; BONDED THRU IRO AIN�N�SO INSURE INC
Sep 17 01 03:25p
J. Honfill & Associates 305--se-0023 p.7
2. LEGAL DESCRIPTION:
A parcel of land lying and being the Southeast quarter of
Section 24, Township 53 South, Range 41 East, City of Miami in
Miami—Dade County, Florida and Being more particularly described by
metes and bounds as follows:
Commence at the Southeast corner of said Section 24; thence
S88'23'47"W along the South line of the Southeast
one—quarter of said Section 24, for 687.23 feet; thence NOV
45'02"W, for 35.00 feet to the Point of Beginning; thence S88'
23'47W along the Northerly Right of Way of Northeast 36th
Street, for 105.09 feet; thence N46'38'41 "W, for 1.60 feet;
thence N01'39'25"W along the Easterly Right of Way of
Northeast Miami Place, for 200.37 feet; thence N87'
44'55"E along the Southerly Right of Way line of 36th Street
Expressway, for 147.86 feet; thence S01'45'02"E along the
Westerly Right of Way of Northeast 1st Street, for 108.16
feet; thence S88'2528"W, for 41.97 feet; thence S01'45'02"E,
for 95.03 feet to the Point of Beginning.
Containing
calculation.
25,961 square feet or 0.60 acres more or less by
02- 815
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 established pursuant to Dedication filed November 9, 1920 in Deed Book
231, Page 463, Public Records of Miami -Dade County, Florida, it is hereby certified that we have examined
Chicago Title Insurance Company Status of Title Report No. 300200482 completely covering the period from
the beginning to February 14, 2002 at 11:00 p.m., inclusive, of the following described real property:
Commencing at a point eight hundred and four and five tenths (804.5) feet West of the
Southeast Comer of Section twenty four (24), Township fifty-three (53) South, Range forty
one (41) East; thence North one hundred and twenty (120) feet for a Point of Beginning;
thence North ten (10) feet; thence East eighty-three and eight one hundreds (83.08) feet;
thence South ten (10) feet; thence West eighty-three and eight one hundreds (83.08 feet).
ALSO KNOWN AS:
A parcel of land in the SE 1/4 of Section 24, Township 53 South, Range 41 East, lying and
being in the City of Miami, Miami -Dade County, Florida, being more particularly described
as follows:
Commence at the SE Corner of said Section 24; thence South 88 degrees 23 minutes 47
seconds West along the South line of the SE 1/4 of said Section 24 for 804.50 feet; thence
North 00 degrees 04 minutes 53 seconds West for 120.00 feet to the Point of Beginning of
the parcel of land hereinafter described; thence continue North 00 degrees 04 minutes 53
seconds West for 10.00 feet; thence East for 83.08 feet; thence South 00 degrees 04 minutes
53 seconds East for 10.00 feet; thence West for 83.08 feet to the Point of Beginning.
Basing our opinion on said title report we are of the opinion that on the last mentioned date:
(A) The fee simple title to the above described real property was vested in:
Design District Associates, Ltd., a Florida limited partnership
(B) The reversionary rights to the alley established pursuant to the above-described Dedication
was vested in:
Dacra Design Associates, Ltd., a Florida limited partnership
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
All taxes for the year in this opinion is rendered and subsequent years.
I:\LE\DACRA\SouthDesignDistrict\OT-CityMiami.wpd 02-
2 8i 1 5
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.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS:
1. Mortgage Agreement dated December 28, 2000, from DESIGN DISTRICT ASSOCIATES,
LTD., a Florida limited partnership, to EUGENE A. PRINZ, recorded in Official Records
Book 19428, Page 1968, as assigned to Elaine F. Prinz by Assignment filed May 25, 2001
in Official Records Book 19684, Page 4025.
2. Dedication filed November 9, 1920 in Deed Book 231, Page 463.
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
Design District Associates, Ltd.
Elaine K. Prinz
Interest Special Exception
Number
Owner N/A
Mortgagee 1
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 1 day of �Ltt 2002•
COBB & EBIN P.A.
By: `
inda Ebin
1399 S.W. First Avenue, Suite 301
Miami, FL 33130
I:\LE\DACRA\SouthDesignDistrict\OT-CityMiami.wpd
-2-
RESOLUTION
WHEREAS, Design District Associates, Ltd., a Florida Limited Partnership,
desires to file certain public hearing applications in the City Of Miami including but not
limited a Tentative Plat application and an Alley Closure application ("Public Hearing
Applications"); and
WHEREAS, Design District Associates, Ltd.. desires to authorize certain
individuals to sign any documents on behalf of Design District Associates, Ltd..
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 partnership; 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 Design District Associates, Ltd. regarding said Public Hearing Applications.
NOW THEREFORE, BE IT RESOLVED BY DESIGN DISTRICT
ASSOCIATES, LTD. that Santiago D. Echemendia, P.A. and/or Bob de la Fuente are
hereby authorized to sign any documents on behalf of Design District Associates, Ltd. in
furtherance of said Public Hearing Applications.
Dated this � * day of h�e, 2002.
DESIGN DISTRICT ASSOCIATES, LTD.,
By its general partne,
DESIGN 0I ,ERIC) ASSOCIATES, INC.,
Lo
(CORPORATE SEAL)
Steven Gretenstein,
Vice -President
02- 815
Last printed 1 '9/20019:55 AM
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
of
A Portion of
Alley to be closed, abandoned and vacated
City of Miami, Miami -Dade County, Florida
aTY OF MIAM
MONUMENT UNE
S88'23'47"W
F:1Projects\01-06471Sketch & Legal Report\Alley Vacation.doc
Page 1 of 3
20.00'
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TER UNE
7SOUTH UNE OF THE S.E. 1/4
OF SEC. 24-53-41
a
SCALE: 1"= 40'
804.50'
P.O.C.
S.E. CORNER OF
SEC. 24-53-41
023
Last printed 1C. /20019:55 AM
SURVEYOR'S REPORT:
1. LEGAL DESCRIPTION:
Commencing at a point eight hundred and four and five tenths (804.5) feet West of the Southeast
Comer of Section twenty four (24), Township fifty-three (53) South, Range forty one (41) East; thence
North one hundred and twenty (120) feet for a Point of Beginning; thence North ten (10) feet; thence
East eight -three and eight one hundreds (83.08) feet; thence South ten (10) feet; thence West eight -
three and eight one hundreds (83.08) feet.
Containing 830.80 Square Feet or 0.02 Acres more or less, by calculation.
ALSO KNOWN AS:
A parcel of land in the SE. 1/4 of Section 24, Township 53 South, Range 41 East, lying and being in the
City of Miami, Miami -Dade County, Florida, being more particularly described as follows:
COMMENCE at the SE. Comer of said Section 24; thence S8802347"W along the South Line of the
SE. 1/4 of said Section 24 for 804.50 feet; thence N00004'53"W for 120.00 feet to the POINT OF
BEGINNING of the parcel of land hereinafter described; thence continue N00004'53"W for 10.00 feet;
thence East for 83.08 feet; thence S00004'53"E for 10.00 feet; thence West for 83.08 feet to the Point of
Beginning.
Containing 830.80 Square Feet or 0.02 Acres more or less, by calculation.
2. SOURCES OF DATA:
As to horizontal Control:
- City of Miami Municipal Atlas, Sheet No. 16-R.
- Map of Survey prepared by J. Bonfill & Associates, Inc., dated October 9, 2000.
Bearings as shown hereon are based on an assumed bearing of S88°23' 47"W for the South Line of the
SE. 1/4 of Sec. 24-53-41; said fractional line to be considered an established and a well-monumented
line.
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.
F:NProjects\01-06471Sketch & Legal Report\Alley Vacation.doc
Page 2 of 3
02" 815
Last printed 1 /20019:55 AM
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 LB 3398
By:
Juan . anfill, .S..
Professional Surveyor and Mapper Number No. 3179
State of Florida
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.
F:\Projects\01-0647\Sketch & Legal Report\Alley Vacation.doc
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011? S15