HomeMy WebLinkAboutR-02-0883J -02-492(b)
05/23/02
RESOLUTION NO. Q 883
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 NORTHEAST 55TH TERRACE BETWEEN
NORTHEAST 4TH COURT AND THE F.E.C. RAILROAD,
MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN
ATTACHED "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting of
May 06, 2002, Item No. 2, duly adopted
Resolution No. ZB 2002-0570 by a nine to zero (9-0) vote,
RECOMMENDING DENIAL of closing, vacating, abandoning, and
discontinuing a portion of an alley and areaway (hereinafter
referenced to as the "public right-of-way") as set forth herein;
and
WHEREAS, the Department of Public Works and the Plat and
Street Committee have studied the subject vacation and closure
and determined that it will adversely affect pedestrian or
vehicular traffic circulation or access for public service; and
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vu
CITY CO,"
MEETING bN
..1 r r 1 2 5 2002
n aoiution No.
WHEREAS, the Plat and Street Committee has reviewed the
subject tentative plat and determined that all technical
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 Northeast 55th
Terrace between Northeast 4th Court and the F.E.C. Railroad,
Miami, Florida, as legally described in attached "Exhibit A," is
denied. The public right-of-way 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— 883
PASSED AND ADOPTED this 25th day of ji,lY , 2002.
IMUAnNUEL4A. DIAZ, MAY
ATTEST:
r
PRIS ILLA A. THOMPSON
CIT CLERK
APPROVPD AV TO/PORMAND CORRECTNESS:
KO VILAf�A� IT ATTORNEY
6376:YMT:smg
Page 3 of 3 02— 8 8
LEGAL DESCr TPTION TO ACCC ~PANY SKETCH
LEGAL DESCRIPTION
ROAD RIGHT-OF-WAY TO BE VACATED:
That portion of N. E. 55th Terrace lying between Biscayne Boulevard and the Florida East
Coast Railroad Right of Way being more particularly described as follows:
Begin at the Southwest comer of Lot 40, Block 14, "BAYSHORE UNIT NO. 4", according to
the plat thereof as recorded in Plat Book 16, at Page 30, Public Records of Dade County,
Florida; thence East for 129.63 feet to a Point of Curvature: thence Northeasterly
along a circular curve to the left having a radius of 20.00 feet and a central angle
of 54 degrees 11 minutes 09 seconds for an arc distance of 18.91 feet to a Point of
Cusp with a circular curve where radius point bears South 54 degrees 11 minutes 09
seconds East from said point; (the previous two courses were coincident with the
Southerly boundary of said Lot 40); thence Southwesterly along a circular curve to
the left having a radius of 60.00 feet and a central angle of 22 degrees 17 minutes
49 seconds for an arc distance of 23.35 feet to a Point of Tangency: thence Southl3
degrees 31 minutes 02 seconds West for 95.57 feet to the Northeast corner of Tract "A",
"AMENDED PLAT OF SOUTH 420 FT. OF THAT PART OF THE CORRECTED PLAT OF PIERCES'S DIVISION
OF LEMON CITY" as recorded in Plat Book 31 at Page 72 of the Public Records of Dade County,
Florida; thence West along the North line of said Tract 'A", for 115.86 feet to the
Northwest corner thereof; thence North 01 degrees 06 minutes 15seconds East for 105.73
feet to the Point of Beginning.
2BE= OF2
LAND
ORDER
DATE:
THIS IS
02- 883
File name: K:\185342\ PIER.DWG
SCHIIEBHE—SHISM do ASSOCIATES. INC. LB # 87
SURVEYORS—ENGINEERS—LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR"F.,4ACLK*Si,
F 302
PHONE No.(954)435-7010 FAX No. (954)438NO. 182111 PREPARE UNDER MY SUPERVISION
9-12-00
NOT A ' BOUNDARY SURVEY' LPORES
FLA. PROF. LAND SURVEYOR M 2408
0
SKETCH TO
N.W. CORNER
r -TRACT 'A'
CCOMPANY LEG-'
POINT OF
BEGINNING
S.W. CORNER
LOT 40
f — N 01'06'15" E 105.73' --,k —
DESCRIPTION
62.91 ' --�,
LEGEND:
PB. , PG. DENOTES . PLAT BOOK AND PAGE
R DENOTES RADIUS
D DENOTES DELTA
A DENOTES ARC DISTANCE 02- 883
1 SE319r OF 2 File name: K:\185342\ PIER.DWG REVISIONS
SCHWEBKE-SHISIIT & ASSOCIATES. INC. LB # 87
LAND SURVEYORS—ENGINEERS—LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 3 5
PHONE No.(954)435-7010 FAX No. (954)438-32
ORDER NO. 182111 PREPARE UNDER MY SUPERVISION:
DATE: 9-12-00
ERT F. JACI N, PRES.
THIS IS NOTA ' BOUNDARY SURVEY
FLA. PROF. LAND SURVEYOR N' 2408
ZONING FACT SHEET
Case Number: 2002-0533 06 -May -02 Item 2
Location: See Request Below
Legal: (Complete legal description on file with the Hearing Boards Division)
Applicant: Ben Fernandez, Esquire on behalf of
Mark's Classic Corporation
200 South Biscayne Boulevard #850
Miami, FL 33131
App. (305) 377-6235
Zoning: C-1 Restricted Commercial
SD -9 Biscayne Boulevard North Overlay District
Request: Official closing, vacating, abandoning and discontinuing for public use that
portion of a public right-of-way, being the portion of NE 55th Terrace
between NE 4h Court and the F.E.C. Railroad.
Purpose: This will provide a unified development site.
Recommendations:
Planning & Zoning Dept.: Recommended denial.
Public Works Dept.: Recommended approval.
Plat and Street Committee: Recommended approval.
Miami -Dade County:' No comments.
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: Continued from Zoning Board hearing of March 4, 2002.
Analysis: See supporting documentation.
Zoning Board Resolution: ZB 2002-0570
Zoning Board: Recommended denial to City Commission. Vote: 9-0
City Commission: N/A.
b O
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PLANNING AND ZONING DEPARTMENT
ANALYSIS
Case No. 2002-0533
VACATION AND CLOSURE OF A PORTION OF NE 55 TERRACE BETWEEN
NE 4 COURT AND THE F.E.C. RAILROAD
Pursuant to Section 55-15 (c) of the Miami City Code, the Planning and Zoning Department
has reviewed the proposed street 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:
• Although the City recognizes the contribution that Soyka's Restaurant has made to the
revitalization of the Upper East Side, it is found that the proposed street vacation would
provide a benefit only to the property owner.
• It is found that the vacation of the street could have unanticipated long term
consequences and could ultimately facilitate the development of a building that is
inconsistent with the height, bulk and scale of existing buildings in the neighborhood.
• It is found that the property owner has failed to demonstrate any public benefits that
would be provided as a result of the proposed street vacation.
Based on these findings, the Planning and Zoning Department recommends denial
of the request.
02- 883
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PUBLIC WORKS ANALYSIS FOR
Vacation and Closure of a portion of NE 55 Terrace between NE 4
Court and the F.E.C. Railroad
The Public Works Department and the Plat and Street Committee have studied the proposed
closure and vacation of a portion NE 55 Terrace between NE 4 Court and the FEC Railroad, and
determined that the closure of the roadway will not adversely affect traffic circulation or access
for public service vehicles such as trash and garbage trucks, fire, police and/or other emergency
vehicles. The roadway 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 "Fifty
.Fifth Street Cafe" and determined that all technical requirements contained in the City Code
Subdivision Regulations have been met and the closure of this roadway 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 roadway as part of the application
process. Based on the criteria contained in the Subdivision Regulations of the City Code, the
Public Works Department and the Plat and Street Committee recommended approval of this
roadway closure and vacation request.
02- 883
JOHN H. JACKSON, P.E.
Director
October 10, 2001
(11,tf1J U'f ffl -1 a M I
Mark's Classics Corp.
c/o Ben Fernandez
200 South. Biscayne Boulevard, Suite 850
Miami, FL 33131
FIFTY FIFTH STREET CAFE (BRST RESUBMITTAL) - TENTATIVE PLAT #1570-A
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. Provide an opinion of title for the remnant of existing Tract "A".
2. An opinion of title as to the reversionary rights for the right-of-way 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.
3. Sketches and legal descriptions, with square footages, for the proposed road closures
will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the
Hearing Boards, at 305-416-2030. Sketches must be on 811i x 11" (letter size) sheets.
Provide a copy to the Public Works Department.
4. The F.E.C. must execute the plat, since the road to be vacated abuts the F.E.C.
property.
5. We need proof of ownership for the portion of existing Tract A (PB 31, PG 72); which is
part of the proposed plat.
6. Provide an opinion of title for all the land being platted.
7. The existing utilities in the road area to be closed and vacated must be relocated, or
easements must be provided.
8. Future development will require water main improvements.
FIFTY FIFTH STREET CAFE 02 883
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
Mark's Classics Corp.
c/o Ben Fernandez
FIFTY FIFTH STREET CAFE
October 10, 2001
Page two
(BRST RESUBMITTAL) - TENTATIVE PLAT #1570-A
9. The Plat and Street Committee in viewing the request to close and vacate NE 55
Terrace between NE 4 Court and the FEC Railroad, have considered the public interests
requirements found in Chapter 55 of the Miami City Code. Based on these
requirements, the Plat and Street Committee recommends approval of the vacation
and closure of the said portion of the road subject to the condition that the four (4)
billboards be removed.
10. All encroachments must be removed prior to final plat submittal.
11. Provide a tree survey with a legend.
In addition to the above requirements, you should be aware of the following:
1. State and local laws require the installation of various physical improvements in the
public rights-of-way when property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. In some cases this could
represent a substantial investment on your part.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers,
electric, telephone, water, etc., caused by this plat will be at the property owner's
expense. Also, utility easements may be required on the property being platted.
3. A building permit will not be issued on the property being platted until the final plat
is recorded. Also, the Certificate of Occupancy for any building construction will be
issued only after all the required subdivision improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue
Department prior to the issuance of a building permit.
5. Additional items must be provided to the City of Miami Department 'of Public Works
before the final plat is submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the amount of the bond has been
determined for the necessary subdivision improvements.
6. Tentative plat approval is only valid for one (1) year from the date of the Plat and
Street Committee meeting at which time it was approved.
FIFTY FIFTH STREET CAFE 0 2 --• 883
Mark's Classics Corp.
c/o Ben Fernandez
FIFTY FIFTH STREET CAFE (RRST RESUBMITTAL) - TENTATIVE PLAT #1570-A
October 10, 2001
Page three
If you have any questions concerning these requirements, please refer to the attached
sheet for the appropriate person to contact.
sincerely,
John H. Jackso , P.E.
Chairman, Plat and Street Committee
JHJ/rjf
Enclosure: Contact Sheet
c: Schwebke-Shiskin & Assoc.
3240 Corporate Way
Miramar, FL 33025
Beatriz M. Capote, P.A.
1101 Brickell Avenue, 17th Floor
Miami, FL 33131
Members of the Plat and Street Committee
FIFTY FIFTH STREET CAFE 02- 883
Miami Zoning Board
Resolution No.: 2002-0570
Monday, May 06, 2002
Mr. Allan Shulman 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
NORTHEAST 55TH TERRACE BETWEEN NORTHEAST 4TH COURT AND THE F.E.C.
RAILROAD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL
AND SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT.
Upon being seconded by Mr. Angel Urquiola,
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. Meana 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
NAY:
0
ABSTENTIONS:
0
NO VOTES:
1
ABSENT:
0
Ms. Fernandez: Motion carries 9-0
21L4 "_ Y -4,1,t �1
Teresita L. Fernandez, Executive SecjWry
Department of Planning and Zoning
Hearing Boards Division
Case No. 2002-0533 Item Nbr: 2
02-- 883
LEGAL DESCFRIPTION TO ACCO'lPANY SKETCH
Exhibit "A"
(1 of 2)
LEGAL DESCRIPTION
ROAD RIGHT-OF-WAY TO BE VACATED:
That portion of N. E. 55th Terrace lying between Biscayne Boulevard and the Florida East
Coast Railroad Right of Way being more particularly described as follows:
Begin at the Southwest comer of Lot 40, Block 14, °BAYSHORE UNIT NO. 4„, according to
the plot thereof as recorded in Plot Book 16, at Page 30, Public Records of Dade County,
Florida; thence East for 129.63 feet to a Point of Curvature: thence Northeasterly
along a circular curve to the left having a radius of 20.00 feet and a central angle
of 54 degrees 11 minutes 09 seconds for an arc distance of 18.91 feet to a Point of
Cusp with a circular curve where radius point bears South 54 degrees 11 minutes 09
seconds East from said point; (the previous two courses were coincident with the
Southerly boundary of said Lot 40); thence Southwesterly along a circular curve to
the left having a radius of 60.00 feet and a central angle of 22 degrees 17 minutes
49 seconds for an arc distance of 23.35 feet to a Point of Tangency: thence South13
degrees 31 minutes 02 seconds West for 95.57 feet to the Northeast corner of Tract 'As,
"AMENDED PLAT OF SOUTH 420 FT. OF THAT PART OF THE CORRECTED PLAT OF PIERCES'S DIVISION
OF LEMON CITY” as recorded in Plat Book 31 at Page 72 of the Public Records of Dade County,
Florida; thence West along the North line of said Tract AA", for 115.86 feet to the
Northwest corner thereof; thence North 01 degrees 06 minutes 15seconds East for 105.73
feet to the Point of Beginning.
2 SIS'! 01P 2 File name: K:\185342\ PIER.DWG
SCHWZBBB—SMSM N do ASSOCIATES, INC. L13 # 87
LAND SURVEYORS—ENGINEERS—LAND PLANNERS — 3240 CORPORATE WAY—BAR. FL
PHONE No.(954)435-7010 FAX No. (954)438-
ORDER No. 182111 PREPARE UNDER MY SUPERVISION:
DATE 9-12-00 F• KSON, PRES
THIS IS NOT A ' BOUNDARY SURVEY
FLA. PROF. LAND SURVEYOR M 2408
02 S83
SKETCH TO A CCOMPANY LEG-` T, DESCRIPTION
N.W. CORNER
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Exhibit "A"
(2 of 2)
POINT OF
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SCARE 1'=30'
LEGEND:
PB. , PG. DENOTES . PLAT BOOK
R DENOTES RADIUS
D DENOTES DELTA
A DENOTES ARC DISTANCE
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1 SMIXT OF 2 File name: K:\185342\ PIER.OWG
REVISIONS
SCRWnXE-SHMMN do ASSOCIATES. INC. LB # 87
LAND Sum -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MRAMAR, FL 2=5
PHONE No.(954)435-7010 FAX No. (954)438-3
ORDER NO. 182111 PREpNE UNDER YY
DAIS: 9-12-00
.IACI N.
THIS IS NOT A - BOUNDARY SURVEY FDlT F PRM -
FLA. PROF. LAND SIJRVE110R W 2408
02- W
LAW OFFICES
BERCOW & RADELL
PROFESSIONAL ASSOCIATION
FIRST UNION FINANCIAL CENTER, SUITE 850
JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD
BEN J. FERNANDEZ MIAMI, FLORIDA 33131
MICHAEL W. LARKIN
GRAHAM C. PENN TELEPHONE (305) 374-5300
MICHAEL E. RADELL FAX (305) 377-6222
MARK A. ROTHENBERG
JANA K. McDONALD
OF COUNSEL
DIRECT LINE: (305) 377-6235
E-MAIL BFERNANDEZ@SRZONINGLAW.COM
VIA HAND DELIVERY
February 7, 2002
Ms. Teresita Fernandez
Public Hearing Section
City of Miami Riverside Center
444 SW 2nd Avenue, 4th Floor
Miami, FL 33130
RE: Application for Official Vacation and Closure of a portion of NE 55th
Terrace, west of Federal Highway
Dear Ms. Fernandez:
This law firm represents Mark's Classic Corp., the owner of the property,
which abuts the referenced right-of-way. This letter shall serve as the applicant's
letter of intent in support of the accompanying application to vacate and close a
portion of NE 55th Terrace, located west of Federal Highway.
The right-of-way that is the subject of this application, currently divides
property owned by the applicant that is the home of Soyka's Restaurant, located
at 5556 NE 4th Court. The right-of-way dead ends into the Florida East Cost
Railroad right-of-way and is not used by the public other than those persons
patronizing Soyka's. The enclosed tentative plat entitled 55th Street Cafe
describes the vacation of the right-of-way and the integration of the right-of-way
into the property owned by Mark's Classic Corp. The tentative plat has been
approved by the City of Miami's Platt and Street Committee (see attached
correspondence from Mr. John Jackson, City of Miami, Public Works Director).
02- 883
Ms. Teresita Fernanc,
February 7, 2002
Page 2
The Plat and Street Committee's approval found that the closure and vacation of
NE 55th Terrace between NE 4th Court and the FEC railroad is in the public
interest.
For all the foregoing reasons, the applicant requests the Planning and
Zoning Department's favorable review and recommendation of this application.
If you have any questions or comments, please do not hesitate to contact me.
BF/bl
Encl.
cc: Betty Capote, Esq.
Sinc ely,
iJi^
en Fernan ez
BERCOW & RADELL G� Q
PROFESSIONAL ASSOCIATION 02- 883 3
PLANNING AND ZONING DEPARTMENT
HEARING BOARDS DIVISION
444 SW 2"d Avenue, 7`" Floor • Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-416-2035
APPLICATION FOR OFFICIAL VACATION
AND CLOSURE OF A PUBLIC RIGHT-OF-WAY
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING
ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES
BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133.
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 IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES.
ALL FEES ARE SUBJECT TO CHANGE.
I, Ben Fernandez, Esq.
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. 13,509 Total square feet.
2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor.
3. Two 11x17" 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).
r. 883
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 foot of right-of-way $ .90
Minimum $ 1,200.00
(b) Re -submittal: Per square foot of right-of-way $ .90
Minimum $ 1,200.00
Maximum $ 1,700.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
11. All documents, reports, studies, exhibits (an 8 '/2 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
5580 NE 4th Court _
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 39 & 40
Block(s) 14
Subdivision Bayshore Unit Four
12. What is the purpose of this street closure? To remove a dead end roadway, that is not a
pedestrian or vehicular transportation corridor from the City's holdings
z
Signature �_—�
Name Ben Fernandez, sq.
Address 200 S. Biscayne Blvd. # 850
Miami, FL 33131
Telephone 305-377-6235
Date February 2002
Rev. 12/06/01
02- 883
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was qcknowledged before me this
20_Q2_, by ISP,to .er'YIaKAel-
me r who s produced _
o did (Enotake an oath.
(Stamp)
1,j1Y P
:e• k LISA C. BROOKS
*. MY COMMISSION # CC 856829
.. of ti. k3onded TPb IRru N : July 20 2003
N Public underwriters
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
day of k"a
who is an indivi uaI
as
AAAWAf P0
Signature
The foregoing instrument was acknowledged before me this day of
20 , by of
corporation, on
produced
(Stamp)
a
behalf of the corporation. He/She is personally known to me or has
as identification and who did (did not) take an oath.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Signature
The foregoing instrument was acknowledged before me this
20 , by
behalf of
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Signature
day of _
partner
(or agent) on
a partnership.
Rev. 12/06/01 02-
883
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Ben Fernandez,
Esq. , 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, 0 including responding to day to day staff inquires; ❑ not including
responding to day to day staff inquiries in which case he/she should be contacted at 305-377-
6235.
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
Ben Fernandez, Esq.
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signatur
The foregoing instrument was acknowledged before me this lltd
2002, by Ben Fernandez, Esq. who is an individual
or who has produced as identification
take an oath. ( /I, r f
�•-• Si atu�e
(Stamp) ;,ti : LISA C. BROOKS 9
=.: .- MY COMMISSION Al CC 856829
o' EXPIRES: July 20, 2003
Rev. 12/06/01 Bonded Thru Notary Pudic Undervrruers
known
02- 883
OWNER'S LIST
Owner's Name Mark's Classic Corp., a Florida Corporation
Mailing Address 5582 NE 4"' Court, Miami, FL Zip Code 33137
Telephone Number
Legal Description: See Exhibit "A" attached hereto
Owner's Name Mark's Classic Corp., a Florida Corporation
Mailing Address 5582 NE 4"' Court, Miami, FL Zip Code 33137
Telephone Number
Legal Description: See Exhibit "B" attached hereto
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) within 500 feet of the subject site is listed as follows:
Street Address
Street Address
Street Address
Rev. 12/06/01
Legal Description
Legal Description
Legal Description
uz- 883
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property: Exhibit "B" attached hereto.
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirect,
in the subject matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and
proportionate interest. Mark's Classic Corp. Mark Soyka 100%, 5582 NE 4 Court, Miami,
FL, 33137.
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property.
Ben Fernandez, Esq. --I
Owner or Attorney for Owner Name Owner or Aftornei for O ner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this �day of May
2002, by Ben Fernandez, Esq. who is an individual personally known to me or who has
produced as identification 7a�lho did (did not) take
an oath. l
(Stamp)
BETTY LLERENA
MY COMMISSION # DO 095697
EXPIRES: February 27.2006
74X*3WTARY FL Notary Sarvioa 6 80n*KL la:.
Exhibit f of
Lots 39 and 40, Block 14 of BAYSHORE UNIT FOUR, according to the Plat
thereof, as recorded in Plat Book 16, Page 30 of the Public Records of Miami
Dade County, Florida.
02- 883
LEGAL DESCRIPTION
That portion of Tract A as the same appears upon the Plat entitled "Amended Plat of
the South 420 feet of that part of the corrected plat of Pierce's Division of Lemon
City in Section 18, Township 53 South, Range 42 East, Dade County, Florida, lying East
of the Florida East Coast Railroad", which said plat appears of record in Plat Book
31, page 72, of the Public Records of Dade County, Florida, as follows:
Beginning at the Southwest corner of the above mentioned Tract "A", thence East along
the South line of said Tract A, 32.58 feet to the Southeast corner of said Tract "A",
said Southeast corner being the intersection of the North line of Northeast 54th
Street and the West line of the Federal Highway; thence Northeasterly along the
Easterly line of Tract "A" 203.12 feet; thence West parallel to the South line of
Northeast 55th Terrace to the East line of the Florida East Coast Railroad; thence
Southwesterly along the Easterly line of the Florida East Coast Railroad to the point
of beginning.
LESS AND EXCEPT THE FOLLOWING TWO PARCELS CONVEYED TO THE CITY OF MIAMI FOR
RIGHT-OF-WAY PURPOSES.
PARCEL 1:
The South Ter. (10) feet of that portion of Tract "A", lying East of the Florida East
Coast Railway, as shown on the corrected plat of PIERCE'S DIVISION OF LEMON CITY,
according to the Plat thereof, as recorded in Plat Book 31, page 72, of the Public
Records of Dade County, Florida. as follows; to wit:
Beginning at the Southwest corner of the above mentioned Tract "A"; thence run East
along the South line of said Tract "A" for a distance of 32.58 feet to the Southeast
corner of said Tract "A"; the said Southeast corner being the intersection of the
North line of Northeast 54th Street and the West line of Federal Highway; thence run
Northeasterly along the Easterly line of said Tract "A" for a distance of 203.12 feet;
thence run'West and parallel to the South line of Northeast 55th Terrace to the East
line of the Florida East Coast Railway; thence run Southwesterly along the Easterly
line of the said Florida East Coast Railway to the point of beginning.
AND
PARCEL 2:
That part of parcel of Tract "A", PIERCE'S DIVISION OF LEMON CITY, according to the
Amended Plat thereof, as recorded in Plat Book 31, page 72, of the Public Records of
Dade County, Florida, described as follows:
Bounded on the Easterly side by the Easterly line of said Tract "A"; bounded on the
South by a line parallel with and 10 feet North of the South Line of said Tract "A";
and bounded on the Northwest by the arc of a circular curve having a radius of 15
feet, a central angle of 76 degrees 28' 1511, and an arc distance of 20.02 feet between
points of tangency which are 11.82 feet Northerly and westwardly respectively, from
the point of intersection of the above described Easterly and South boundary lines of
the parcel herein described.
END OF LEGAL DESCRIPTION
U2- 883
That portion of Tract "A" as same appears upon Plat entitled "An -ended Plat of South 420 feet of that
part of the corrected plat of PIERCE'S DIVISION OF LEMON CITY, in Section 18, Township 53S,
Range 42Z Dade County, Florida, lying East of the F.E.C. Railroad", which said plat appears of record
in Plat Book 31, Page 72, of the Public Records of Dade County, Florida, as follows:
Beginning at the Northwest comer of said Tract "A" xid thence running East along the North line of
said Tract "A", which is along the south line of N.E. 55" Terrace, a distance of 115.86 feet to the
Northeast corner of said Tract "A", which is the point at which the south line of N.E. 55`h Terrace and
the North line of said Tract "A" intersects the West line of the Federal Highway; thence in a
Southwesterly direction along the East line of said Tract "A" and West line of the Federal Highway, a
distance of 203.14 feet; thence West and parallel with the North line of said Tract "A" to the West line
of said Tract "A"; thence North along t+he `West boundary line of said Tract "A" to the Point of
Beginning.
OPINION OF TITLE AS TO THE REVERSIONARY
RIGHTS FOR THE RIGHT-OF-WAY TO BE CLOSED AND VACATED
To: CITY OF MIAMI, Zoning Board and Department of Public Works
With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, Florida,
as to the reversionary rights for the vacation of N.E. 55 Terrace between N.E. 4 Court and the
FEC Railroad as required by the City of Miami Zoning Board in connection with the subject
property hereinafter described, it is hereby certified that based on First American Title Insurance
Company's Abstracted Title Insurance Search #189/PG/es having an effective date of October
5, 2000, as updated through January 15, 2002, for the following described property:
SEE EXHIBIT "A" ATTACHED HERETO (the "Street")
I am of the opinion as of January 15, 2002:
(a) That the fee simple title to the Street was vested in: CITY OF MIAMI;
(b) That Mark's Classics Corp., a Florida corporation, is the owner of all reversionary rights
in connection with the Street upon closing and vacation of the Street; and
(c) That, except for Mark's Classics Corp., a Florida corporation, there are no other
individuals having an interest in the Street being closed and vacated.
I, the undersigned, certify that I am an attorney-at-law duly admitted to practice in the
State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this -,L day of February, 2002.
BEATRIZ M. CAS -i;�A.
Bar No. 820725 -
799 Brickell Plaza, Suite 700
Miami, Florida 33131
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
2002, by BEATRIZ M. CAPOTE, who is personally knov�/h to Ae.
My Commission Expires:
1 AWORK\BMC\MARK'S\OPINION#7.2
OF
KRIsTINE ZAP fOU
oo�gpN NUMBER
CC8014Rrint
MY cowasslo" EXPIRES
,am_ 11,2003
(ay of Fe
KRISTINE ZA
02- 883
_-EXHIBIT "A"
That portion of N.E. 551" Terrace lying between Biscayne Boulevard and the Florida
East Coast Railroad Right of Way being more particularly described as follows:
Begin at the Southwest corner of Lot 40, Block 14, "BAYSHORE UNIT NO. 4",
according to the plat thereof as recorded in Plat Book 16, Page 30, of the Public
Records of Dade County, Florida; thence East for 129.63 feet to a Point of
Curvature; thence Northeasterly along a circular curve to the left having a radius of
20.00 feet and a central angel 54°11'09" for an arc distance of 18.91 feet to a Point of
Cusp with a circular curve where radius point bears South 54°11'09" East from said
point; (the previous two courses were coincident with the Southerly boundary of
said Lot 40); thence Southwesterly along a circular curve to the left having a radius
of 60.00 feet and a central angle of 22°17'49" for an arc distance of 23.35 feet to a
Point of Tangency; thence South 13°31'02" West for 95.57 feet to the Northeast
corner of Tract "A", AMENDED PLAT OF SOUTH 420 FEET OF THAT PART
OF THE CORRECTED PLAT OF PIERCES'S DIVISION OF LEMON CITY" as
recorded in Plat Book 31, Page 72 of the Public Records of Dade County, Florida;
thence West along the North line of said Tract "A" for 115.86 feet to the Northwest
corner thereof, thence North 01°06'15" East for 105.73 feet to the POINT OF
BEGINNING.
02- 883
OPINION OF TITLE
To: CITY OF MIAMI
With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, Florida,
and to the City of Miami Public Works Department as an inducement for acceptance and
approval of the requested vacation of the road right-of-way hereinbelow described as Parcel B,
it is hereby certified that based on Commonwealth Land Title Insurance Company's Owner's
Policy No. A02-056946 having an effective date of June 5, 1995 at the hour of 2:10 p.m., and
a title update certified through January 14, 2002 at the hour of 6:00 a.m., as to Parcel A; and
First American Title Insurance Company's Abstracted Title Insurance Search #189/PG/es having
an effective date of October 5, 2000 as updated through January 15, 2002, as to Parcel B; and
Commonwealth Land Title Insurance Company's Owner's Policy No. A02-333701 having an
effective date of December 22, 1998, at the hour of 9:35 a.m., and a title update certified
through January 14, 2002 at the hour of 6:00 a.m., as to Parcel C, for the following described
property:
Parcel A: Lots 39 and 40, Block 14 of BAYSHORE UNIT FOUR, according to the Plat
thereof, as recorded in Plat Book 16, Page 30 of the Public Records of Miami -
Dade County, Florida.
Parcel B: See Exhibit "A" attached hereto
Parcel C: See Exhibit "B" attached hereto
I am of the opinion that as of January 14, 2002, the fee simple title to the above-described real
properties were vested in:
MARK'S CLASSICS CORP., a Florida corporation, as to Parcels A and C, and the CITY OF
MIAMI, as to Parcel B.
Subject to the following liens, encumbrances and other exceptions:
GENERAL EXCEPTIONS
1. Taxes for the year 2001 and subsequent years.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon an accurate survey.
4. Any unrecorded labor, mechanics' or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
02- 883
SPECIAL EXCEPTIONS
AS TO BOTH PARCELS A & C:
1. Unity of Title recorded in Official Records Book 18472, Page 412.
2. UCC -1 Financing Statement recorded May 13, 1999, in Official Records Book 18606,
Page 3791.
3. Mortgage in favor of Colonial Bank, dated May 3, 1999, and recorded on May 21, 1999,
in Official Records Book 18617, Page 4566.
4. Collateral Assignment of Leases, Rents and Profits recorded May 21, 1999, in Official
Records Book 18617, Page 4593.
5. Certificate of Future Advance recorded September 29, 1999, in Official Records Book
18803, Page 671.
6. Second Mortgage Modification, Extension and Consolidation Agreement recorded
September 30, 1999, in Official Records Book 18803, Page 676.
7. First Mortgage Modification and Spreader Agreement recorded December 29, 1999, in
Official Records Book 18924, Page 2806.
8. Certificate of Future Advance recorded December 29, 1999, in Official Records Book
18924, Page 2818.
9. Cross -Collateralization Agreement recorded June 30, 2000, in Official Records Book
19177, Page 3432.
10. Third Mortgage Modification, Extension and Consolidation Agreement dated May 16,
2001, and recorded May 23, 2001, in Official Records Book 19679, Page 2696.
11. Certificate of Third Future Advance dated May 16, 2001, and recorded May 23, 2001,
in Official Records Book 19679, Page 2690.
AS TO PARCEL A:
1. Restrictions, covenants, conditions and easements as contained on the Plat of BAY
SHORE UNIT NO. 4, recorded in Plat Book 16, Page 30.
2. Mortgage in favor of JEFFERSON BANK OF FLORIDA, dated June 2, 1995, recorded
June 5, 1995, in Official Records Book 16803, Page 5247.
3. UCC -1 Financing Statement recorded June 5, 1995, in Official Records Book 16803,
-2-
02- 883
Page 5259.
4. Future Advance and Consolidation of Notes and Modification of Note and Mortgage
recorded March 31, 1998, in Official Records Book 18039, Page 2524.
AS TO PARCEL B: NONE
AS TO PARCEL C:
1. Restrictions, covenants, conditions and easements as contained on the Plat of Amended
Plat of South 420 Feet of that part of corrected Plat of Pierce's Division of Lemon City,
recorded in Plat Book 31, Page 72.
2. Agreement of Lease between Mark's Classics Corp. and AK Media Group, Inc. dated
November 18, 1998, and recorded February 25, 1999, in Official Records Book 18493,
Page 3801.
The foregoing Opinion is given on the basis of and subject to the condition that this
Opinion may be relied upon solely by the City in connection with the acceptance and approval
of the requested vacation of the road right-of-way described hereinabove.
I, the undersigned, certify that I am an attorney-at-law duly admitted to practice in the
State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this '1� day of February, 2002.
BEATRIZ M. CAPOTE,-P-A.
IM
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged
2002, by BEATRIZ M. CAPOTE, who is personally
My Commission Expires:
J: \WORK\BMC\MARK'S\OPINION.3(#I 1)
-3-
Bar Nd'820725
799 Brickell Plaza, Suite 700
Miami, Florida 33131
e, me this day of Febru ,
n to me/7
Name: KRISTINE ZAY-AFS
�p %Y P0. OFFICIAL NOTARY SEAL
�e KRISTINE ZAYAS
0 0010OSSION NUMBER
a Q CC801477
9r .1O MY COWISSM EXPIRES
`-OF 0.0 JAN. 11,2003
02- 883
r c 11f►Ci. I MAN
A
That portion of N.E. 55th Terrace lying between Biscayne Boulevard and the Florida
East Coast Railroad Right of Way being more particularly described as follows:
Begin at the Southwest corner of Lot 40, Block 14, "BAYSHORE UNIT NO. 4",
according to the plat thereof as recorded in Plat Book 16, Page 30, of the Public
Records of Dade County, Florida; thence East for 129.63 feet to a Point of
Curvature; thence Northeasterly along a circular curve to the left having a radius of
20.00 feet and a central angel 54°11'09" for an arc distance of 18.91 feet to a Point of
Cusp with a circular curve where radius point bears South 54°11109" East from said
point; (the previous two courses were coincident with the Southerly boundary of
said Lot 40); thence Southwesterly along a circular curve to the left having a radius
of 60.00 feet and a central angle of 22°17'49" for an arc distance of 23.35 feet to a
Point of Tangency; thence South 13031'02" West for 95.57 feet to the Northeast
corner of Tract "A", AMENDED PLAT OF SOUTH 420 FEET OF THAT PART
OF THE CORRECTED PLAT OF PIERCES'S DIVISION OF LEMON CITY" as
recorded in Plat Book 31, Page 72 of the Public Records of Dade County, Florida;
thence West along the North line of said Tract "A" for 115.86 feet to the Northwest
corner thereof; thence North 01°06'15" East for 105.73 feet to the POINT OF
BEGINNING.
02- 883
1514.11 I'
That portion of Tract "A" as same appears upon Plat entitled "Amended Plat of South 420 feet of that
pan of the corrected plat of PIERCE'S DIVISION OF LEMON CITY, in Section 18, Township 535,
Range 42F, Dade County, Florida, lying East of the F.E.C. Raih-oad", which said plat appears of record
in Plat Book 31, Page 72, of the Public Records of Dade County, Florida, as follows:
Beginning at the Northwest corner of said Tract "A" and thence running East along the North line of
said Tract "A", winch is along the south line of N.E. 55`h Terrace, a distance of 115.86 feet to the
Northeast corner of said Tract "A", which is the point at which the south line of N.E. 55`h Terrace and
the North line of said Tract "A" intersects the West line of the Federal Highway; thence in a
Southwesterly direction along the East line of said Tract "A" and West line of the Federal Highway, a
distance of 203.14 feet; thence West and parallel with the North line of said Tract "A" to the West line
of said Tract "A"; thence North long the West boundary line of said Tract "A" to the Point of
Beginning.
02- 883
OPINION OF TITLE
To: CITY OF MIAMI
With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, Florida,
and to the City of Miami Public Works Department as an inducement for acceptance and
approval of the requested vacation of the road right-of-way described in Exhibit "A" attached
hereto, it is hereby certified that based on Commonwealth Land Title Insurance Company's
Owner's Policy #A02-333686 having an effective date of September 9, 1998 at the hour of 7:57
p.m., and a title update certified through January 14, 2002 at the hour of 6:00 a.m., for the
following described property:
SEE EXHIBIT "B" ATTACHED HERETO
I am of the opinion that as of January 14, 2002, the fee simple title to the property described
in Exhibit "B" attached hereto was vested in: MARK'S CLASSICS CORP., a Florida
corporation.
Subject to the following liens, encumbrances and other exceptions:
GENERAL EXCEPTIONS
1. Taxes for the year 2001 and subsequent years.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon an accurate survey.
4. Any unrecorded labor, mechanics' or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Restrictions, covenants, conditions and easements as contained in Plat of Pierces Division
of Lemon City, recorded in Plat Book 31 at Page 72.
2. Mortgage executed by MARK'S CLASSICS CORP., a Florida corporation to
COLONIAL BANK, an Alabama banking corporation, dated September 3, 1998,
recorded September 9, 1998, in Official Records Book 18265 at Page 2536, in the
original principal sum of $165,000.00.
3. UCC -1 Financial Statement recorded September 9, 1998, in Official Records Book 18265
at Page 2561.
4. Assignment of Rents and Leases recorded September 9, 1998, in Official Records Book
18265 at Page 2555.
02- 883
5.
r'1
7
0
First Mortgage Modification and Spreader Agreement dated December 28, 1999, and
recorded December 29, 1999, in Official Records Book 18924, Page 2806.
Certificate of Future Advance dated December 28, 1999, and recorded December 29,
1999, in Official Records Book 18924, Page 2818.
Cross -Collateralization Agreement dated June 26, 2000, and recorded June 30, 2000, in
Official Records Book 19177, Page 3432.
Third Mortgage Modification, Extension and Consolidation Agreement dated May 16,
2001, and recorded May 23, 2001, in Official Records Book 19679, Page 2696.
Certificate of Third Future Advance dated May 16, 2001, and recorded May 23, 2001,
in Official Records Book 19679, Page 2690.
ALL OF THE FOREGOING DOCUMENTS ARE RECORDED IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
The foregoing Opinion is given on the basis of and subject to the condition that this
Opinion may be relied upon solely by the City in connection with the acceptance and approval
of the requested vacation of the road right-of-way described hereinabove.
I, the undersigned, certify that I am an attorney-at-law duly admitted to practice in the
State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
/4::�' day of February, 2002.
BEATRIZ M
LOM
BEATRIZCAPOS(2. G
Bar No. 20725
s: 799 Brickell Plaza, SUITE
Miami, Florida 33131
The foregoing instrument was acknowledged 7eret
me s day of
2002, by BEATRIZ M. CAPOTE, who is personallwn to
My Commission Expires:
J: \WORK\BMC\MARK'S\OPINION.1(#6)
ary Public
v
int Name:
KRISTINE Z AS
2 of 2
`P,RY P& OFFICIAL NOTARY
SEAL
KRISTINE ZAYAS
COMMISSION
NUMBER
CC801477
(� �» U V Q Q11,20o3
V
MY
F F10�\ �ApM�pSS"
O
WAN
That portion of N.E. 55`h Terrace lying between Biscayne Boulevard and the Florida
East Coast Railroad Right of Way being more particularly described as follows:
Begin at the Southwest corner of Lot 40, Block 14, "BAYSHORE UNIT NO. 4",
according to the plat thereof as recorded in Plat Book 16, Page 30, of the Public
Records of Dade County, Florida; thence East for 129.63 feet to a Point of
Curvature; thence Northeasterly along a circular curve to the left having a radius of
20.00 feet and a central angel 54°11'09" for an arc distance of 18.91 feet to a Point of
Cusp with a circular curve where radius point bears South 54°11'09" East from said
point; (the previous two courses were coincident with the Southerly boundary of
said Lot 40); thence Southwesterly along a circular curve to the left having a radius
of 60.00 feet and a central angle of 22°17'49" for an arc distance of 23.35 feet to a
Point of Tangency; thence South 13°31'02" West for 95.57 feet to the Northeast
corner of Tract "A", AMENDED PLAT OF SOUTH 420 FEET OF THAT PART
OF THE CORRECTED PLAT OF PIERCES'S DIVISION OF LEMON CITY" as
recorded in Plat Book 31; Page 72 of the Public Records of Dade County, Florida;
thence West along the North line of said Tract "A" for 115.86 feet to the Northwest
corner thereof; thence North 01°06'15" East for 105.73 feet to the POINT OF
BEGINNING.
028,
LEGAL DESCRIPTION
That portion of Tract A as the same appears upon the Plat entitled "Amended Plat of
the South 420 feet of that part of the corrected plat of Pierce's Division of Lemon
City in Section 18, Township 53 South, Range 42 East, Dade County, Florida, lying East
of the Florida East Coast Railroad", which said plat appears of record in Plat Book
31, page 72, of the Public Records of Dade County, Florida, as follows:
Beginning at the Southwest corner of the above mentioned Tract "A", thence East along
the South line of said Tract A, 32.58 feet to the Southeast corner of said Tract "A
said Southeast corner being the intersection of the North line of Northeast 54th
Street and the West line of the Federal Highway; thence Northeasterly along the
Easterly line of Tract "A" 203.12 feet; thence West parallel to the South line of
Northeast 55th Terrace to the East line of the Florida East Coast Railroad; thence
Southwesterly along the Easterly line of the Florida East Coast Railroad to the point
of beginning.
LESS AND EXCEPT THE FOLLOWING TWO PARCELS CONVEYED TO THE CITY OF MIAMI FOR
RIGHT-OF-WAY PURPOSES.
1201143mw
The South Ten (10) feet of that portion of Tract "A", lying East of the Florida East
Coast Railway, as shown on the corrected plat of PIERCE'S DIVISION OF LEMON CITY,
according to the Plat thereof, as recorded in Plat Book 31, page 72, of the Public
Records of Dade County, Florida. as follows; to wit:
Beginning at the Southwest corner of the above mentioned Tract "A"; thence run East
along the South line of said Tract "A" for a distance of 32.58 feet to the Southeast
corner of said Tract "A"; the said Southeast corner being the intersection of the
North line of Northeast 54th Street and the West line of Federal Highway; thence run
Northeasterly along the Easterly line of said Tract "A" for a distance of 203.12 feet;
thence run West and parallel to the South line of Northeast 55th Terrace to the East
line of the Florida East Coast Railway; thence run Southwesterly along the Easterly
line of the said Florida East Coast Railway to the point of beginning.
PARCEL 2:
That part of parcel of Tract "A", PIERCE'S DIVISION OF LEMON CITY, according to the
Amended Plat thereof, as recorded in Plat Book 31, page 72, of the Public Records of
Dade County, Florida, described as follows:
Bounded on the Easterly side by the Easterly line of said Tract "A"; bounded on the
South by a line parallel with and 10 feet North of the South Line of said Tract "A";
and bounded on the Northwest by the arc of a circular curve having a radius of 15
feet, a central angle of 76 degrees 28' 1511, and an arc distance of 20.02 feet between
points of tangency which are 11.82 feet Northerly and Westwardly respectively, from
the point of intersection of the above described Easterly and South boundary lines of
the parcel herein described.
END OF LEGAL DESCRIPTION
02-- 883
SKETCH TO ...CCOMPANY LEGA_, DESCRIPTION
POINT OF
N.W. CORNER BEGINNING
/.TRACT 'A' CORNERLOT 40
1
N 01'06'15" E 105.73'
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N.E. CORNER
TRACT 'A' S 13`3 p2•, W
NORTH
0=22 ' 17 '49 '
SCALE: 1'=30' R=60.00'
A=23.35'
LEGEND:
PB. , PG. DENOTES . PLAT BOOK AND PAGE
R DENOTES RADIUS
D DENOTES DELTA
A DENOTES ARC DISTANCE
1 811' OF 2 File name: K:\185342\ PIER.DWG
_
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D=54 ' 11 '09 '
R=20.00'
A=18.91'
,D=36' 55' 21'
R=20.00'
A=12.89'
SCHWEBKE-SHISKIN & ASSOCIATES, INC. LB # 87
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FIL 3 5
PHONE No.(954)435-7010 FAX No. (954)438-32
ORDER N0. 182111 PREPARE UNDER MY SUPERVISION:
DATE: 9-12-00
BERT F. JACKN. PRES.
THIS IS NOTA 'BOUNDARY SURVEY' FIA. PROF. LAND SURVEYOR N' 2408
REVISIONS
LEGAL DESC1 PTION TO ACCO_ _PANY SKETCH
LEGAL DESCRIPTION
ROAD RIGHT-OF-WAY TO BE VACATED:
That portion of N. E. 55th Terrace lying between Biscayne Boulevard and the Florida East
Coast Railroad Right of Way being more particularly described as follows:
Begin at the Southwest corner of Lot 40, Block 14, "BAYSHORE UNIT NO. 4", according to
the plat thereof as recorded in Plat Book 16, at Page 30, Public Records of Dade County,
Florida; thence East for 129.63 feet to a Point of Curvature: thence Northeasterly
along a circular curve to the left having a radius of 20.00 feet and a central angle
of 54 degrees 11 minutes 09 seconds for an arc distance of 18.91 feet to a Point of
Cusp with a circular curve where radius point bears South 54 degrees 11 minutes 09
seconds East from said point; (the previous two courses were coincident with the
Southerly boundary of said Lot 40); thence Southwesterly along a circular curve to
the left having a radius of 60.00 feet and a central angle of 22 degrees 17 minutes
49 seconds for an arc distance of 23.35 feet to a Point of Tangency: thence South13
degrees 31 minutes 02 seconds West for 95.57 feet to the Northeast corner of Tract »A",
"AMENDED PLAT OF SOUTH 420 FT. OF THAT PART OF THE CORRECTED PLAT OF PIERCES'S DIVISION
OF LEMON CITY" as recorded in Plat Book 31 at Page 72 of the Public Records of Dade County,
Florida; thence West along the North line of said Tract "A", for 115.86 feet to the
Northwest corner thereof; thence North 01 degrees 06 minutes 15seconds East for 105.73
feet to the Point of Beginning.
2 SEW OF 2 File name: K:\185342\ PIER.DWG REVISIONS
SCHREBKE—SHISKIN & ASSOCIATES, INC. LB # 87
LAND SURVEYORS—ENGINEERS—LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, ;FL302PHONE No.(954)435-7010 FAX No. (954)438-3 8ORDER NO. 182111 PREPARE UNDER MY SUPERVISION:
DATE: 9-12-00B F. N, PRES.
THIS IS NOT A " BOUNDARY SURVEY"FlA PROF. LAND SURVEYOR N' 2408
.ten nn�
2
J-99-134
1/29/99 �, �► t_
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, OF THE MIAAauhmdttc
CITY COMMISSION TO TEMPORARILY RESTRIWCOI' in co, -,ns` -
VEHICULAR ACCESS TO N. E. 55 TERRACE AT I m Y2, Cil l 75)6 3,-
INTERSECTION WITH FEDERAL HIGHWAY IN THE CI� _..__..._
OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS Priscilla A.ThOrrE ��n
CONTAINED HEREIN. -1- City Clerk
WHEREAS, N.E. 55 Terrace between Federal Highway and the
F.E.C. Railroad tracks is a poorly developed public right-of-way
of approximately 100 feet that ends at a junction with railroad
tracks as depicted on the attached map; and
WHEREAS, the street is used infrequently as the abutting
properties on the south side of the right-of-way are vacant and
warehouses line the north side; and
WHEREAS, a restaurant is proposed on the block to be located
on the north side of 55 Terrace that will serve the neighborhood
and enhance the area; and
WHEREAS, to construct the restaurant, the developer must
replat the property and close said right-of-way and has
petitioned the city to restrict vehicular access to the street;
and
WHEREAS, the Departments of Police, Fire -Rescue, and General
Services Administration/Solid Waste Division were notified of the
proposed vehicular access restriction of N.E. 55 Terrace and
ATTACRMEAFt
8 3
CITY COMMMON
NErma OF
FEB 0 9 1999
Resolution Iiia
•
expressed no substantial objection to said restriction; and
WHEREAS, the proposed vehicular access restriction shall be
accomplished by placing a gated fence across N.E. 55 Terrace at
its intersection with Federal Highway with locking control in the
discretion of the City of Miami; and
WHEREAS, Section 54-15 of the Code of the City of Miami,
Florida, as amended, ("City Code") gives the City Commission the
power, after a properly advertised public hearing, to recommend
that vehicular access to a particular street be prohibited at an
intersection where such prohibition is found to be in the best
interest of the public; and
WHEREAS, pursuant to due public notice, a public hearing was
held before the City Commission on this date to hear objections
to the implementation
of
a temporary
vehicular
restriction
to
said right-of-way and
no
objections of
substance
were heard
by
the City Commission; and
WHEREAS, the City Commission finds that the herein
restriction should be instituted until such time as N.E. 55
Terrace is closed and vacated in accordance with the subdivision
regulations contained in Chapter 55 of the City Code or until
such time as the Director of the Department of Public Works makes
a finding that N.E. 55 Terrace should be reopened to vehicular
access; and
WHEREAS, the City Commission finds that the herein
restriction is in thebest interest of the public
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
Submitted Into the public
record in connectio vai�
item P2•.0 on7Lor ez 02-- 883
Priscilla A. Thompsci,
- --._ City Clerk
OF MIAMI, FLORIDA:
Submitted Into the public
item ?- > on *7 s oz
Priscilla A. Thompson
- City Clerk
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The restriction of vehicular access to N.E.
55 Terrace at its -intersection with Federal Highway in the City
of Miami, Florida, is hereby authorized and permitted on a
temporary basis, subject to the following conditions:
(a) the Department of Public Works shall approve the design
of the temporary fence and gate to prohibit vehicular
access;
(b) the locking control of the gate shall be at the
discretion of the City of Miami;
(c) the herein restriction shall be instituted until such
time as N.B. 55 Terrace is closed and vacated in
accordance with the subdivision regulations contained
in Chapter 55. of the City Code, or until such time as
the Director of the Public Works Department makes a
finding that N.E. 55 Terrace should be reopened to
vehicular access.
Section 3. This Resolution shall become effective
02- 883
3 -
immediately upon its adoption ani signature of the Mayor.1/
PASSED AND ADOPTED this 9th_ day of February , 1999.
ATTEST:
JOE CAROLLO, MAYOR
1n accordance with Miami Code Sec. 2-36. since Mavo, ,jic•. -r..
this legislation by signing it in the designated piaci.
becomes effective with the elapse of ten (10) days om the date o; Cc•i,m ., _:
regarding same, without the Mayor exercising a Mo. l'1
City Clerk
WALTER J. FOEMAN
CITY CLERK
FORM AND CORRECTNESS.
LLE ' VI LLO
AtCY ATTORNEY
W3207:CSK:kc
i
Submitted Into the public
recor m connecVtnitem �- 3 cnasPriscillaA.T r
bity
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.
02- 883
4 -
I W
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ST.
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PROPOSED
CLOSURE
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54 In
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N.E. 4v
N.E.
N. E.
N. E. 55 TERR.
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N.E.
Submitted Into the public
record in connecti Irv' n h
item ®2- � on'7 �s os. -
Priscilla A. Thompson
City Clerk
PROPOSED N.E. 55 TERRACE
TEMPORARY ROAD CLOSURE
02- 883