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HomeMy WebLinkAboutR-02-1309J-02-1005 11/14/02 RESOLUTION NO. " 2� t S 0 9 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT 1ORTiON OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF AN ALLEY BETWEEN NORTHEAST 61ST AND NORTHEAST 62ND STREET, EAST OF NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of November 04, 2002 Item No. 1, duly adopted Resolution No. ZB 2002-0626 by a nine to zero (9-0) vote, RECOMMENDING APPROVAL of closing, vacating, abandoning, and discontinuing a portion of an alley (hereinafter referenced to as the "public right-of-way") as set forth herein; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical requirements have been met, and vacation of the subject right-of-way would benefit the general public; and E CITY COMUSS%ON NEEM,G O �esolutun 02-1300 WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A portion of an alley (hereinafter referenced to as the "public right-of-way"), located between Northeast 61St and Northeast 62nd Street, East of Northeast 2nd Avenue, 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 Mayor!'. 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 Ck 02-1309 PASSED AND ADOPTED this ATTEST: PR CILLA A. THOMPSON CITY CLERK UAMO Nz6w2111 ALEJAND ILARELLO #I T�rRNEY `�9.�U/j*W67:smg 12th day of December , 2002. 4maaa6 go IfNUEL A. DIAZ, MAYOR AND CORRECTNESS: Page 3 of 3 02-1309 EXHIBIT A _ (Page I of 2) r POINT OF COM NCEMENT PARCEL A AND PARCEL B ! S. W. CORNER OF THE N. W. 1 4 OF SEC77ON 18, 714P S, RN642 E. CITY OF M/AMLLMONUMENT LINE) ! N.E.2nd. AVENUE 5.00715'40"W.- S85935E 25. 00' --------- -- 9.50' S.885935"E 1- ' — --- - -- --- - - 22.69' Z 2 L =51, 'r + I PO/N OF BEGINNING --?400, pj DL f5g48" 0 8=25.00' S.08'36'12"E. �! I RADIAL' " N. 54 58 W. RADIAL :.a °Al / t` �c� h° • . ti ;:, C�. A Oro Ll v ~ N N C� �5 00 / R-1018, 74' 190070 33"E L=25.25' 10.00' D-012522" SOO70'33"W 102 59' 50. 06' N0020 Jill '+ PLAT BA Z EPAGE 21 J PORTION OF BLOCK 9 OF SECONDRRMED PLAT OF PIERCES SUBDIVISION OF EMON C/7Y PLA T BOOK 2, PAGE 21 I i I 02-1309 EXHIBIT A (Page 2 of 2) SKETCH OF D.RSCR- ITION FOR ABANDONMENT AND CLOSURE OF 10 FOOT ALLEY LEGAL DESCR/PPON.- BEING A 10 ALLEY,'LYING IN A PORTION OF BLOCK 9 OF SECOND CORRECTED PLAT OF PIERCE'S SUBDIVSION OF LEMON CITY AS RECORDED IN PLAT BOOK 2, PAGE 21 OF THE PUBLIC RECORDS OF MIAMI -RADE COUNTY, FLORIDA. ---..__ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 LAST, THENCE SOUTH 88'5935" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 18 FOR A DISTANCE OF 25.00 FEET, THENCE SOUTh' 00'05'40" WEST FOR A DISTANCE OF 9.50 FEET; THENCE SOUTH 88'59'35" EAST FOR A DISTANCE OF 22.69 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE SOUTH 88'59'35" EAST FOR A DISTANCE OF 217.91 FEET; THENCE NORTH 00'20'33" EAST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 88'5935" WEST FOR. A DISTANCE' OF 187.96 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST THAT BEARS NORTH 08'5458" WEST TO THE CENTER OF SAID CURVE,, HAVING A RADIUS OF 1066.74 FEET AND A CENTRAL ANGLE OF 00'52'15",• THENCr WESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 16.21 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE. SOUTHEAST THAT BEARS SOUTH 08'36'12" EAST TO THE CENTER OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 36'31 '48','• THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 15.94 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING, B0A/G AND SITUATED IN THE CITY OF MIAMI, DADE COUNTY, FLORIDA CONTAINING.- 2082.03 SOUARE FEET OR 0.048 ACRES MORE OR LESS. NOTES: 1. THIS SKETCH OF a GAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEAR/NG BASE OF TH/S SKETCH OF LEGAL DESCRIPTION IS S. 885935E ALONG THE SOUTH LINE OF N. W. 1/4 OF SECT/ON 18. 3. THE INFORMATION 945 PROVIDED BY "WENDY'S INTERNATIONAL, INC. " SURVEYORS CER T/,F/CAT/ON.• I HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONS/BLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61617-6, FLORIDA STATUTES, AND THAT /T /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSE,9 SURVEYOR AND MAPPER. ROBERT BL OOMSTER ✓ . PROFESSIONAL LAND S VEY NO. 4134 STATE OF FLORIDA NOT VALID W HOOT SHEET ;? OF 2 BLOOMSTER PROFESSIONAL LAND SUR YORS,, NC. 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH. FLORIDA 34957 PHONE 561-334-0868 SHEET 1 OF 2 S"TCH 70 ACCOMPANY LCC/.L DZSCRTPTION PREPARED FOR WENDYS /N7ERMAAONAL, INC. SY7E LOCA TED.• CITY OF MIAMI, MIAMI—DADE COUNTY, fZORIDA 02-1309 ZONING FACT SHEET Case Number: 2002-0568 04 -Nov -02 Location: See Request Below. Legal: (Complete legal description on file with the Hearing Boards) Applicant: Jean-Claude Timmer 10710 SW 134t' Terrace Miami, FL 33176 (305) 633-3615 Zoning: Request: Purpose: C-1 Restricted Commercial _ITEM PZ 6 Item 1 Official vacation and closure of an alley, between NE 61" Street and NE 62nd Street East of NE 2nd Avenue. This will allow a unified commercial site. Recommendations: Planning & Zoning Dept.: Recommended approval subject to the conditions of Class II Special Permit Number 02-0147. Public Works: See supporting documentation. Plat and Street Committee: See supporting documentation. Miami -Dade County: No comments. Enforcement History, If any Case No: N/A. Last Hearing Found N/A. Violation(s) N/A. Ticketing Action: N/A. 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 hearings of 7/15/02, 9/23/02 and 10/21/02. Analysis: See supporting documentation. Zoning Board Resolution: ZB 2002-0626 Zoning Board: Recommended approval to City Commission. Vote: 9-0 City Commission: N/A. PLANNING AND ZONING DEPARTMENT ANALYSIS Case No. 2002-0568 VACATION AND CLOSURE OF AN ALLEY BETWEEN NE 61 STREET AND NE 62 STREET EAST OF NE 2 AVENUE 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 create a unified development site, which would allow for the construction of a drive- through fast food restaurant. • It is found that the applicant has applied for a Class II Special Permit for the proposed project, and that the Planning and Zoning Department has requested that the applicant redesign the project to address major concerns with the site plan and design of the building. • It is found that 'the Planning and Zoning Department cannot make a final determination regarding pubic benefit of the proposed alley vacation prior to reviewing the revised plans. 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 revised plans to the Department for review and analysis. 02-130 !! {t S7 {t !• 140141 ti f! H •! t{ O t• -I, rs a2 74 w W TRACT - A > . 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TR.K TRACT I.tp e e II lo•a w >;o i!• T• 14 I{ N IN E TR TR .Q. •B• OQNNGS, £ S�}E ;r IS, G/ TINE +r-r-T-rrT- ��,-,- seems ©q0� am lrjm 31 dee®;e . - m 1 1 ]INN 11 �mm m PONE.F!9' MAGIC CITY TZjAlLef PARK •� as � � I loll IF - AMR MUSIC 11 maim mm21 1 NE 59 TER all" rasa©_ �mmil 0PARK SITE I r NOTRACT 1C mm AI D�n�®� gee®paid I�ri� aim a ral A k.111110 Q ,� moo a® Dm®n®em teal a lm� , - ,2 gill I ppmI-miI AM ._ .�. as MINOR >,10 o It t•um "Wismi Ron ���� It ME -in I111111111111L.11111 MINIM Affiffitdoll ".I CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 02-0147 To: Jose Villar 2000 NW 150 Avenue, Suite 1100 Pembroke Pines, FL 33028 From: Ana Gelabert, Director Planning and Zoning Department PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Wendy's with Drive-Thru located in a C-1 Address: 6197 NE 2nd Avenue, Little Haiti. Intended Decision: ❑ Approval Q Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class II Special Permit pursuant to Article 4 Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. This Section requires explicitly that drive-through facility, including eating and drinking establishments, only by Class II Special Permit. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning Department has made referrals to the following Departments and Boards. • Zoning Division, Planning and Zoning Department. • Little Haiti, Neighborhood Enhancement Team. • Landscape Architect, Planning Department Their comments and recommendations have been duly considered and are reflected in this intended decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: 1 02-1309 FINDINGS • It is found that the project, as presented, is appropriate in scale with the typical design of this type of business. • It is found that after several meetings with the Planning Department staff, the architect revised and improved the project; the new proposal was reviewed and approved with conditions from the Design Review Committee. • It is found that the applicant has incorporated a park on the wedge section of the block to generate pedestrian activities and provide for public benefit. • It is found that the proposed parking layout is in compliance with the applicable design standards. • It is found that the proposed drive-thru complies with the zoning ordinance and has been located at north side of the building, which is appropriate. • It is found that the proposed landscaping plan although complies with the requirements of the Dade County Landscape Ordinance, some improvements will be required. • It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the subject application is hereby recommended for approval subject to the plans and supplementary materials submitted by the applicant and on file with the Planning and Zoning Department and further subject to the following conditions: CONDITIONS 1. The applicant shall comply with the conditions requested by the Internal Design Review Committee, see attached documents. 2. This Class II Special Permit is subject to the street closure approval by the City Commission NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2"d Ave., 7d' Floor, Miami, FL. 33130. Telephone number (305) 416-2030. Signature Date./.2-03 "ci.)- Ana Gelabert, Dlmctor Planning and Zoning Departme t 02-1309 C I T O F M I A M I P L A N N I N G A N D Z O N I N G D E P A R T M E N T PRE -APPLICATION DESIGN REVIEW COMMENTS WENDY'S IN LITTLE HAITI 10-12-021 The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist of all staff members in the Urban Design and Land Development Divisions. COMMENTS: We thank you once again, for participating in the design review process. We recognize that the applicant's continued active participation is an indication of a shared interest to develop projects to their highest potential and make a significant contribution to improving the quality of our built environment with great architecture and urban design. Architecture and Site ■ The orientation and vehicular circulation for the proposed Wendy's along 62nd Street will be acceptable as long as the following provisions are met. o Treat the wall along the parking with architectural elements such as windows, openings, voids, and /or architectural elements in character with Little Haiti. O Provide landscaping along the right of way in the form of aligned shade trees to provide the pedestrians continuous canopy (see example). O Add park on the wedge section of the block to generate pedestrian interest and provide for public benefit (see example). o Provide heavy landscaping within the site, especially within the areas of parking and vehicular movement (see example). o Provide a slightly raised pedestrian crossing with a unique paving material across both driveways that enter and exit onto 62nd Street and 61st Street. ■ The design for the Wendy's sign was not contained in the previous plans submitted. Please submit the Wendy's signage design for review prior to the building permit. 3V� ci4 AD Er TRESS 2. DETAjL_ FLAN7�Nq 3. 511 PVf)5 E Py 4. BENCH S. 'PLAMOS (,.Vv?tjDyS 5IC-4N io 2;.;- 1,3'W'9 PLAT AND STREET COMMITTEE ANALYSIS FOR CLOSURE AND VACATION OF AN ALLEY BETWEEN N.E. 61 STREET AND N.E. 62 STREET EAST OF N.E. 2 AVENUE On May 2, 2002, the Plat and Street Committee reviewed the tentative plat of "62ND Plaza" and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of this alley with respect to Miami City Code requirements and have voted 5 in favor and 1 opposed of this alley vacation and closure request. 2 y 1 Sitla of 'MT—MIL-C JOHN H. JACKSON, P.E. Director May 3, 2002 Jean-Claude Timmer 10710 SW 134 Terrace Miami, FL 33176 Dear Mr. Timmer: 62ND PLAZA (THIRD RESUBMITTAL) TENTATIVE PLAT #1405-C CARLOS A. GIMENEZ City Manager The City of Miami Plat and Street Committee, at its meeting of May 2, 2002, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 1. In the location sketch: a. Rename the "vicinity map" as location sketch. b. Provide a sectional/fractional legal description. c. Label the area to be platted as 62na PLAZA and delete SITE. d. Show more clearly zoning district boundary lines. e. Provide zoning designations for all areas. 2. Delete the half quotation marks from the name of the plat. 3. in the title block, include the Section, the Township and the Range. 4. Provide total width for NE 2 Avenue. 5. Elevations must be on City of Miami Datum. 6. Provide the Miami -Dade County Flood Criteria and reference Plat Book and Page. 7. Reference zoning information in Surveyor's Note #10 as according to City of Miami Ordinance 11000, as amended. 8. Show a more conspicuous TRACT "A" designation. Provide complete quotation marks for letter "A". Tract "A" includes entire parcel. 9. Provide an expressed purpose statement for the 10 foot alley to be closed and vacated. Since tentative plat #1405 was never recorded, Resolution 95-592 has expired and note must be deleted from tentative plat. CAM yDirec@fyPJW�t g,,g- ? 4 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 ^�a�Ing�dress: P.O. Box 330708 Mlami, Florida 33233-0708 Jean-Claude Timmer 62ND PLAZA (THIRD RESUBMITTAL) TENTATIVE PLAT #1405-C May 3, 2002 Page two 10. 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. 11. A sketch and legal description, with a square footage for the proposed alley closure, will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the Hearing Boards, at 305-416-2038. Provide a copy to the Department of Public Works on 81/2"x11" paper. 12. Describe the specific site development intent on the tentative plat. 13. Provide species, height, diameter and spread of all trees on the site. 14. Complete the street names in the location sketch. 15. The Plat and Street Committee in reviewing the request to close and vacate the alley between NE 61 Street and NE 62 Street east of NE 2 Avenue have made the following findings: a. The closure will enhance public safety by eliminating a dangerous connection point to a 5 -way signalized intersection of County arterial roadways. b. The general public is not actively using the alley and service and emergency vehicles are not using the alley. c. Closing of this alley would not adversely affect access for emergency vehicles. d. Closing this alley would eliminate dangerous turning movements onto arterial roadways at a multi -legged intersection. The Plat and Street Committee members voted 5 in favor and 1 opposed to this alley closure and vacation request. 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. CAMyDirectory\ItES0LUTS\62ND PLAZA.doc Jean-Claude Timmer 62ND PLAZA (THIRD RESUBMITTAL) TENTATIVE PLAT #1405-C May 3, 2002 Page three 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, H. Jackson, P. E. irman, Plat and Street Committee JHJ/UH/rjf Enclosure: Contact Sheet c: Bloomster Professional Land Surveyors, Inc. 791 NE Dixie Highway Jensen Beach, FL 34957 Patricia Monahan Corporate Property Services, Inc. 600 Fairway Dr., Ste. 104 Deerfield Beach, FL 33441 Plat and Street Committee Members bc: Surveys Civil Engineering Central David J. Felton Corporate Property Services, Inc. 600 Fairway Dr., Ste. 104 Deerfield Beach, FL 33441 CAMyDirectory\RESOLUTS\62ND PLAZAdoc 02-13V9 Miami Zoning Board Resolution No.: 2002-0626 ' Monday, November 04, 2002 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF AN ALLEY, BETWEEN NORTHEAST 61sT AND NORTHEAST 62ND STREET, EAST OF NORTHEAST 2ND AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Mr. Georges Williams, 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 Null 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 Teresita L. Fernandez, aExEecutivle�Secr Office of Hearing Boards Case No. 2002-0568 Item Nbr: 1 02 — iM EXHIBIT POINT OF C011/ PARCEL A AND ARCEZ B .� W. CQRNER OF ME N. W. 1/4 Of SECT/QM 1$ 74P 4 RNG 42 £. pTY OFMlIIA/�Oril[/AIENT L/NEJ CMV /N -- — N.E. 2nd. AV NUE 9—ml— ... l _,: 3✓35 E 25.00' 2269 00 L • l ? ry5���•73O9 I OF B£GYNN/NO DL36'3• . X404 R=25.00' AL iii RAS j N . 58 ►'� RIADIAL �� R1 C 43 t -o CL o�y0OD �a R r v / V r �0 4 ' / Vol,'Zr 6'016 N' L-2525' 1Q 010 DwOI 25'22' 50107O'.L3'W5Q 08' fO259' PLAT 2BOW Z PAGE 21 Pry MW Or BLOCK 9 OF 1EO PLAT Or MD%r'S MAnvsm a, Q�1Y PLAT soar( 2, PAGr 21 f SKETCH OF DESCi _PTION FOR ABANDONMENT AND CLOSURE- OF E10 FOOT ALLEY LEGAL DESCR/PAON BEING A 10 ALLEY, LYING IN A PORTION OF BLOCK 9 OF SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY AS RECORDED IN PLAT BOOK 2, PAGE 21 OF THE PUBLIC RECORDS OF MUMI-LADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.- COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, THENCE SOUTH 88 59'35" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 18 FOR A DISTANCE OF 25.00 FEET- THENCE SOUTH 00.05'40" WEST FOR A DISTANCE OF 9.50 FEET; THENCE SOUTH 88.59'35" EAST FOR A DISTANCE OF 22.69 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88'59'35" EAST FOR A DISTANCE OF 217.91 FEET- THENCE NORTH 0020'33" EAST FOR A DISTANCE OF 10.00 FEET,• THENCE NORTH 88'59'35" WEST FOR. A DISTANCE OF 187.96 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST THAT BEARS NORTH 08'5458" WEST TO THE CENTER OF SAID CURVE, HAVING A RADIUS OF 1066.74 FEET AND A CENTRAL ANGLE OF 00 52'15; THENCE WESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 16.21 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE. SOUTHE45T THAT BEARS SOUTH 08:36'12" EAST TO THE CENTER OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTR4L ANGLE OF 36'31 '48'; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 15.94 FEET TO THE POINT OF BEGINNING SAID LANDS LYING, BEING AND SITUATED IN THE CITY OF MIAMI, DADE COUNTY, FLORIDA CONTAINING 2082.03 SQUARE FEET OR 0.048 ACRES MORE OR LESS. NOTES: I. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S S. 88'59 a52!: ALONG THE SOUTH LINE OF N. W 1/4 OF SECTION 18. 3. THE INFORMATION WAS PROVIDED BY "WENDY'S INTERNATIONAL, INC SURWYORS CERT/F/C4T/ON / HEREBY CERTIFY THAT THE "SKETCH TO ACCOMPANY LEG4L DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS TH£ MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17--6, FLORIDA STATUTES, AND. THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL R4/SE0 SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ROBERT BLOOMSTER 141 PROFESSIONAL LAND SbkVEX NO. 41..34 STATE OF FLORIDA NOT VAUD WTHO9UT SHEET 2 OF 2 BLOOMSTER PROFESSIONAL LAND SURVEYORS.INC. 791 NORTHEAST DIRE HIGHWAY JENSEN BEACH. FLORIDA 34957 PHONE 561-334-0868 S1M7= 70 ACCOMPANY LCUL DSSCRrMOX PREPARED FAR HEMDYS /N7F'RNA77aft. #VC Sl 7E LOCA TED.• CITY OF MIAMI. MIAMI -DADS COUNTY, FLORIDA 02=1309 PLANNING AND ZONING DEPARTMENT HEARING BOARD' VSION 444 SW r Avenue, r Floor • ,..,ami. Florida 33130 Telephone 305416-1480 • Fax 308-416-2036 APPLICATION FOR OFFICIAL VACATION AND CLOSURE OF A PUSUC, RIGHT-OF-WAY ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONOUCTING 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 360E PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CrTY BOARDS: COMMITTEES AND THE CRY 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 8E 1'4FWWRI'MiN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN M DAYS OF THE MONTH FROM 4:00 AM UNTIL 3:30 PAA. RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FES ARE SUBJECT TO CHANGE. 1, Jean—Claude Timser hereby apply to the City ommission 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. 7-,0132.63 Total square feet. 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two 11x1T original surveys, prepared by a State of Florida Registered Land Surveyor within ogle year from the date of application. 4. Two original _sketch of surveys, prepared by a SWe of Florida Registered Land Surveyor showing only the area to be vacated or dosed and the pertinent legal description of the area, within one year from the date of application. 11 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms. 8. 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 8). 7. At least two photographs that show the entire property pang: and irnpr cements)_ 8.. Attach Opinion of Tide addressing the revers"Ianary rights (nco: an update shalt be required if more than l3 months elapse before Zoning Board or City Commission approval). AM doud CM03 T69f 018 V98 VA 4t:I:T 7-0%90/90 02-1300 UN -06-2002 MOM FROM-KURNAN KURZSAN WEINGER&TETZELI PA +3054443503 T-406 P.003/008 F-800 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: Vocation of public right -of -ray: (a) Original submittal: Per square foot of right4f-way $ .90 Minimum $1,200.00 (b) Re-si bmlttal: 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 11. All documents, repgrts, studies, exhibits (an a 'A 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 Southeast co=ar of I.E. 62nd Street and 1i.8. Sad Ave=m/Addreaaes: 200 B.E. 62 St. 8237 Z.B. tad Ave AND MORE PARTICULARLY DESCRIBED AS: Sae attached Rddbit "0 Lot(s) ... slock(s)-- Subdivision Signature Name A.e Tlxo= i Address 10710 S.A. i34th-Terrace Mani., BL_ 3917b. Telephone (om) 633-3615 Date Airs d02Id dWO T699 OLS fee 6W: T 20/90/90 .,un-ua-Im W IVIA FROM-KURZBAN KURZBAN WEINGERATETZELI PA +3054443503 T-406 P.004/008 F-800 STATE OF FLORIDA COUNTY OF MIAMI-DADE J The foregoing instrument was acknowledged before me this �'6 day of „. 12�0gI �>I_ by 7 -E 1�'� ;.,jC ,p11�,a � r- i j m m c,Q, who is an individual El, YASMaem.OEFESTRE MY COMMISSION CC 829566 EXPIRES: April 19, 2004� ; • Bonded Thfu NotAry Puw undetwtilts t + STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this , day of -A 28 '>- . by - of a corporation, on behalf of the corporation. He/Sh is personally known to me o has produced as Identification a did no oath. y (Siamp) '-ypSljVtiEM.DEPESTRE ' .s t^'f COMMfSSIOTa r CC 529566 EXPIRES: ADr.119, 2004 �,',x ; ;y 4andeC Tntu NotetY PILON" Unde^NMem STATE OF FLORIDA COUNTY OF MIAMI-DADE . k4 Q-.1 Yf.,VA-- 't-, i nature The foregoing instrument was acknowledged before me this 4L day of 301 G 20 b � - • by partner (or agent) an 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) i too I %TIT' Signature . JUN -06-2002 03:11PM FROM-WRIP" URBAN WEINGER&TETZEL1 PA +30544435Q3 T-406 P.005/008 F-800 AFFIDAVIT Before me, the undersigned authority, this day personally appeared 'T"0s lex 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 veal 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 change or modification of a classification or regulation of zoning as set out in the accompanying petition, Q including msponding to day to day staff inquires; © not including responding to day to day staff inquiries in which case he/she should be contacted at 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 I®gal 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. .i� • t,�J 1sE MM (Z- Applicant ZApplicant Name ApplicaRS' STATE OF FLORIDA COUNTY OF MIAMI -RADE The foregoing instrument was adasowledged before me this � �' day of � x- 20 w.1- Q l ' i who is an Individual personally known to m® Or who has produced as iddridlicafloM MO -Wo- did (did not) take an oath. (Stamp) re r�SR41N=S M. QEPESTRE CC 929566 f,4Y C�tMMISSION ' pril 19, 2004 :�• . EXPIRES: A BOndxdThruNo:2NFuDllc Utu crnners 02--1309 too t� rugs •mxjt rmnn TRF* Ain fiav vv,i nn•s.T �-•nn •�� OWNER'S LIST Owne!s Name Jean-Claude Timer Mailing Address 10710 S.W. 134 Terrace, Miami, FLZio Ccde 33176 Telephore Number (305) 633-3615 Legal Descr'pttor.: See Attached Exhibit "e Cwner's Name Mailing AWdress Z'p Code eiepnone Number Legal Description: Ovrriers Marne Mailing .Address Z p Code Te eohone Number _=g21°esc�pti_n: Any other reap `state prccer:v owned indiv:dually; jointly, or severally (by corporation. yamnersnip or prrrately) Nvitrin 1500 feet of the subject sre is lista:. as ;c lcvrs: -S,reet Address Legal Descr:pl-lor, Street address L_c;; I Descrip,.;cn Street Address Legal Description 02_=1300 JUN -06-2002 03:11PM FROM-KURZBAN KURZBAN WEINGER&TETZELI PA +3054443503 T-406 P.006/008 F-800 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attscbed Rsb#bit "A" Soutbeaet comer of R.I. 62ad Street & N.B. tad Ave=* 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of.all parties haW%.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. 100 % Ownership - Jean-Claude Timer 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) !orated within 500 feet of the subject real property. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorrmey for Owner Signature The foregoing instrument was acknowledged before me this day of 2Q_C_>'>_-_" by�,'s I �tA!QJV�& _7l MM Ea_ _ who is an Individual, personally known to me or who has produced as identification and who did (did not) take an oath. r— •YhSM1tjE M. DEPESTRE _`• . ". " : my COMMISSION n CC 929506 (Stamp) ' EXPIRES: Apo L,5FOR, UWJS�lf Boom ' ems anx� axn� 81g stUre T nnn ., r.. 0 2 ." t M JUN -06-2002 03:12PM FROM-KUMAN KUR WEINGER&TETZEL1 PA +3054443503 T-406 P-007/006 F-600 a,,nrwnrau I I r LA rrvauruwut LU. ANY SCHEDULE A (ccarrUnued) Comment Nurnbar Exhibit W PARCEL A A portion of that NW 1/4 of Section IS, TcymWp 63 South, Hauge 42 East, Mi Dade County, Ronda, being more p udculady described as fo11mw Commence at the Southwest comer of the NW 1/49f said Seclon 1a; tine w run South SB- SW 36' East along the Socat One of the NW 1/4 of said Seaft I a for a distance of 35.00 fleet; thence run North 00.41' W East along the East One d tate West 35.00 feet of the NW 1/4 of said 8001100 18 for a dlstanas of 0.50 feet to a point an the North line of the South 0.5f3 fleet d the NW 1/4 of said Section 1 a and to a point on the North lone of a 10.00 foot wide alley, as astabitshed by Final Decree of Qrcult Court Chancery Case No. 1=910-A dated May 4, 1254 and fled in the Public Records of Mkml - MWO CWM,• Florida on May 7,1954; thence run South 889 5f»i' 35' East along the North One of the South 0.50 fest of the NW 1/4 of said Section 18 and along the NoM line of said 10 foot wide allay for a distance of 42.66 feet to a point of intersection with the arc of a circular curve concave to to Norstrwsm the radius point of Bald circular curare bers North os- 5s, a0" West from said pont of kasmeato% said paint of Intersection aim betttg the Point of Beginning of the herein described parcel; thence continue to nm South AB• S8' 3S' East along the North Um of the South o.Sa feat ct the NW t /a of said Section 18 and along the North line of said 10 foot wide alley fora distance of 187.96 h a3t to a point on the West line at a 20 foot wide allay, the East Una of which vu established by said Oft* * Court Chancery Case No.163910-C; thence run North 00.20` 3T East along the Wit One of said 20 foot wide day for a distance of 50.06 feces to a point of irtersecion with the arc of a circular curve concavg to the Saudw ast, the radius point of said circular curve beats South 1 So 3S'31" East from send point of Intersection, thence run Southwesterly along the arc of sou! eircuW curve concave tr Me Southeast, having a radius of 1016.74 feet, through a central angle of 01.25' 2z', for an arc distance of 2S25 feet to point of reverse cusErvelute with than etc of a circular carve to On riglit; thence nun Sou ftvsstedy along the arc of said drwlar curve to the rigls, having a radius of 108&74feet, ttnrough a claraW angle of 094 04' 2P. for an aro distance of 1 ace feet to the Point of Beginning, of the herein described parcel, said point also being a point an the North line of the South 0-M fee of the NW 1/4 of said Section 18 and also being a paint on the North fine at said IQ fact wide aney. PARCELS A portion of Block 9 of SECOND CORRECTED PIAT OF PIERCE'S SUBDIVISION OF L MON MY, according to the plat thereof recorded in Plat Book 2, Page 21 of Nte PuWc Records of Miami - Daft County, Florida, being more particularly described aa; follows: Commence at Us Nonhwest comer of the SW 1/4 of Seedon 18, Towne * 53 South. Range 42 Ease, Miami -Dade County, Florida; thence ram South 88- S9' 36` Fast, along the Nath bene of the SW 1/4 of said Section 18 for it COMM 25.00 tw thence rant South 006 06'4(f WesL along the East line of the Wast 26.00 feet of the SW 1/4 of said Section for a distance of 9.60 faeb thence nun South Me 59' 35' Fast, Wong the South the of the North 9.50 feet of the SW 114 said Section 1S and alpng the Soash One of a tf3 foot wide May, the North One of ~ was established by Final Detre of Circult Court Ctiancery Case No. ISM 0-C, dated May 4,1954 and filed In the Public Records of Misari - Dania County, Ficrlds on Maty 7,1954, for a distance of MOD fee to a point of Intersection with the arc d a elm tar curve concave to rine Eset, the radius point of said s:ircUw curve bears So M 45. 08' W E9st friar said point of Intemectta said point of mon also baring the Point of BegMrting of the herein described parcel; thence continue to run Sol SB- SW 3S' East along the South Elle of the North 9.50 feet of the SW 1/4 of said Section 18 and along the South fine said 1 o foot wide alley for a dief$rm d 217.81 feet to a point an the West One of a 20 foot wide allay, the Esst line of which was established by said Pins! Doom of Ck=k Court Chancery Cass No. IMM0-C; thence nttl SoM 00.20' West along the West Im of said 20 foot wide alley fora dunce of 102.59 feetto a palm of Inmrsactlan with the arc c circular curve cor avis to the Northeaa the radius pdM of said dmular octave bears North 120 16' 46' East from sak Point of thence run I a -- westerly along the arc; of said circular curve code t'o the Northeast, having radh M of 1018.74 fact. ttlroufgh a t angle of 08a *43' 85', for an arc ditdsrce at 13 Iest W a point of reverse cusvt8urs with the are of a circular awe to the lath dunce run `Nit mededy along the arc of said coufar atm to t left, having a radars of 1086.74 feet, throurgtr a centrad angle of 03.21' 20'.for an we dlsr m of 6247 feat to a pois- .sT '%n --tsA or -n JUN -06-2002 03:13PM FROM -KUB ; KURZBAN WEINGERiTETZEII PA +3054, 3 T-406 P.008/008 F-800 CHICAGO ME INSURANCE COMPANY SCHEDULE A {cormnu* Comminnwa Number Exhibit "A' reverse curvaw" with the ant of a dreclaf alive to the fVM thancs run Nonhwetrty, Noethody and Northeasterly. Wong the arc of said cWmAar curare to the rigs, having a radials of 25.00 fest, through a Central "a of 1170 13' 09", ft an arc dhtnc a of 51.15 feet to the Point of Segk%n ng of the heroin described puaw, sold point 8160 being a point an I South firm of saki l 4 loot wide alley and also being a pant an the Sadh line of the North 9.50 feet of the SW 1/4 of sal+ SaWan M PARCEL C That Certain tan (10) foot wide alleyway alley bounded by NAr st 62nd Strom of the North, Nordmoc fit st Street c the South, Northeast 2nd Averwe on the west and Nortlaast 2nd Court on the Eau. vacated pursuant to ResdWon h 96.622, dated July 13,15146, recorded De ruler 3, 2001, in 0104M Records Boric==, Page 3768, of the Public Records of Miami -Cade County, Florida. e ,.� 02-1309 THE CITY OF MIAMI MIAMI-DADE COUNTY, FLORIDA OPINION OF TITLE TO: THE CITY OF MIAMI, a political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to THE CITY OF MIAMI, FLORIDA, as an inducement for granting an order vacating a certain alley -way more particularly described on Exhibit A as Parcel C attached hereto and made a part hereof, we have examined title evidence consisting of Chicago Title Insurance Company's commitment 300200058, bearing an Effective Date of December 14, 2001 at 11:00pm, as last updated by Chicago Title through and including May 21, 2002, at 11:00pm for all of the real property described on Exhibit A attached hereto and made a part hereof, including Parcels A, B and C. Basing my opinion on said title evidence covering said period, I am of the opinion that on the last mentioned date the fee simple title to the above described property was vested in: As to Parcels A and B - Jean-Claude Timmer As to Parcel C - The City of Miami, a political subdivision of the State of Florida Subject to the following liens, encumbrances, and other exceptions: GENERAL EXCEPTIONS All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than the owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics or materialmen liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS See Exhibit E attached hereto and made a part hereof. It is further my opinion that upon the proper vacation of the alley -way described as Parcel C, title to said alley -way, to the extent that same abuts and is adjacent to Parcels A and B shall revert to Jean-Claude Timmer, the owner of the adjacent Parcels A and B. I, the undersigned, further clarify 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 su�rfiirt�his� vday of June, 2002. D. JJST)K NILES, Esquire FLORIDA BAR # 301809 7301-A West Palmetto Park Road Suite 305-C Boca Raton, Florida 33433 (561) 447-9600 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ; h day of June, 2002 by D. JUSTIN NILES, [ ] who is personally known to me or [tewho has produced his drivers license as identification, and who did not take an oath. My Commission Expires: (NOTARIAL SEAL) Notary Public '01ft `a W%Alice V CasteUi * * My Commission CC908853 Expires February 08, 2004 2 1{f) Exhibit A Legal Descriptions for the Opinion of Title for the City of Miami Dated June 6, 2002 PARCEL A A portion of the NW 1/4 of Section 18, Township 53 South, Range 42 East, Miami -Dade County, Florida, being more particularly described as follows: Commence at the Southwest comer of the NW 1/4 of said Section 18; thence run South 88' 59'35" East along the South line of the NW 1/4 of said Section 18 for a distance of 35.00 feet; thence run North 00° 41'36" East along the East line of the West 35.00 feet of the NW 1/4 of said Section 18 for a distance of 0.50 feet to a point on the North line of the South 0.50 feet of the NW 1/4 of said Section 18 and to a point on the North line of a 10.00 foot wide alley, as established by Final Decree of Circuit Court Chancery Case No. 163910-C, dated May 4, 1954 and filed in the Public Records of Miami -Dade County, Florida on May 7, 1954; thence run South 88' 59'35" East along the North line of the South 0.50 feet of the NW 1/4 of said Section 18 and along the North line of said 10 foot wide alley for a distance of 42.68 feet to a point of intersection with the arc of a circular curve concave to the Northwest, the radius point of said circular curve bears North 08' 55' 00" West from said point of intersection, said point of intersection also being the Point of Beginning of the herein described parcel; thence continue to run South 88' 59'35" East along the North line of the South 0.50 feet of the NW 1/4 of said Section 18 and along the North line of said 10 foot wide alley for a distance of 187.96 feet to a point on the West line of a 20 foot wide alley, the East line of which was established by said Circuit Court Chancery Case No. 163910-C; thence run North 00° 20'33" East along the West line of said 20 foot wide alley for a distance of 50.06 feet to a point of intersection with the arc of a circular curve concave to the Southeast, the radius point of said circular curve bears South 16° 36' 31" East from said point of intersection; thence run Southwesterly along the arc of said circular curve concave to the Southeast, having a radius of 1016.74 feet, through a central angle of 01 ° 25' 22", for an arc distance of 25.25 feet to a point of reverse curvature with the arc of a circular curve to the right; thence ran Southwesterly along the arc of said circular curve to the right, having a radius of 1066.74 feet, through a central angle of 09' 04'24", for an arc distance of 168.93 feet to the Point of Beginning of the herein described parcel, said point also being a point on the North line of the South 0.50 feet of the NW 1/4 of said Section 18 and also being a point on the North line of said 10 foot wide alley. Exhibit A - Page 1 of 3 02- 13(' , Exhibit A continued Legal Descriptions for the Opinion of Title for the City of Miami Dated June 6, 2002 PARCEL B A portion of Block 9 of SECOND CORRECTED PLAT OF PIERCE'S SUBDIVISION OF LEMON CITY, according to the plat thereof recorded in Plat Book 2, Page 21 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Commence at the Northwest corner of the SW 1/4 of Section 18, Township 53 South, Range 42 East, Miami -Dade County, Florida; thence run South 88° 59'35" East, along the North line of the SW 1/4 of said Section 18 for a distance of 25.00 feet; thence run South 00° 05'40" West, along the East line of the West 25.00 feet of the SW 1/4 of said Section 18 for a distance of 9.50 feet; thence run South 88° 59'35" East, along the South line of the North 9.50 feet of the SW 1/4 of said Section 18 and along the South line of a 10 foot wide alley, the North line of which was established by Final Decree of Circuit Court Chancery Case No. 163910-C, dated May 4, 1954 and filed in the Public Records of Miami -Dade County, Florida on May 7, 1954, for a distance of 22.69 feet to a point of intersection with the arc of a circular curve concave to the East, the radius point of said circular curve bears South 45 ° 08' 00" East from said point of intersection, said point of intersection also being the Point of Beginning of the herein described parcel; thence continue to run South 88' 59'35" East along the South line of the North 9.50 feet of the SW 1/4 of said Section 18 and along the South line of said 10 foot wide alley for a distance of 217.91 feet to a point on the West line of a 20 foot wide alley, the East line of which was established by said Final Decree of Circuit Court Chancery Case No. 163910- C; thence run South 00° 20'33" West along the West line of said 20 foot wide alley for a distance of 102.59 feet to a point of intersection with the are of a circular curve concave to the Northeast, the radius point of said circular curve bears North 12' 16'46" East from said point of intersection; thence run Northwesterly along the arc of said circular curve concave to the Northeast, having a radius of 1016.74 feet, through a central angle of 08' 43'25", for an arc distance of 154.80 feet to a point of reverse curvature with the arc of a circular curve to the left; thence run Northwesterly along the arc of said circular curve to the left, having a radius of 1066.74 feet, through a central angle of 03' 21'20", for an arc distance of 62.47 feet to a point of reverse curvature with the arc of a circular curve to the right; thence run Northwesterly, Northerly and Northeasterly along the arc of said circular curve to the right, having a radius of 25.00 feet, through a central angle of 117' 13'09", for an arc distance of 51.15 feet to the Point of Beginning of the herein described parcel, said point also being a point on the South line of said 10 foot wide alley and also being a point on the South line of the North 9.50 feet of the SW 1/4 of said Section 18. Exhibit A - Page 2 of 3 02-1309 Exhibit A continued Legal Descriptions for the Opinion of Title for the City of Miami Dated June 6, 2002 PARCEL C That certain ten (10') foot wide alley -way lying between NE 61 Street and NE 62"d Street and lying east of NE 2nd Avenue, vacated pursuant to Resolution No. 95-592, dated July 13, 1995 and recorded December 3, 2001 in Official Records Book 20052, Page 3768, of the Public Records of Miami -Dade County, Florida. Exhibit A - Page 3 of 3 Exhibit E Special Exceptions for the Opinion of Title for the City of Miami Dated June 6, 2002 1. Mortgage Deed from Jean-Claude Timmer to Daughtrey-Jones Corporation, recorded May 19, 1994, in Official Records Book 16369, Page 5615, as assigned to Miami -Dade County filed April 10, 2000, in Official Records Book 19061, Page 4061, both of the Public Records of Miami -Dade County, Florida.. 2. All matters shown on the plat of Second Corrected Plat of Pierce's Subdivision of Lemon City, Plat Book 2, Page 21, of the Public Records of Miami -Dade County, Florida. 3. Subject to any utility easements lying over, under and across the vacated alley -way. 4. Real property taxes for the year 2001 and thereafter. 5. Tax Certificates assessed under the following Folio numbers: 1. Folio No.: 01-3218-015-0131 Certificate No. 7324, 2000 taxes Certificate No. 7241, 1999 taxes B. Folio No.: 01-3218-015-0061 Certificate No. 7321, 2000 taxes Certificate No. 7238, 1999 taxes 0'2 t30 J POINT OF COM NCEA PARCEL A AND PARCE SEC770AI N8,R -4P Or NEN. W. CITY OF MIAAmfl MENT L/NEf S, R� CENIERUNE N.E. 2nd. 5.00-05 40 "W. I --LS — _ 9.50' I S 88:59'J5—'E 22.69" 00 L —5), Berl POIA :15 E 25.00' OF BECINNING D=36 :1148" L=15.94' R=25.00' 0 h N0020 ;3.3 E" X/ 70.00' / Soo 20;Tj-W102.59' 50.06' N0020 ajE R=1016.74' L=25.25' D=D12522` 20' ALLEY I PLAT BOOK 2, PAGE 21 I 1 PORed Into the public TION OF BLOCK 9 OF SECOND PLAT OF ORREC7FD record in conne tion with PERCES SU OF PLAT BOOK 2, PAGE 21 I MON C/TY item Re -4, on OY I Priscilla A. omp5on I City Clerk 02— / S 08.36'12 E. I RADIAL . i i/ N.0 5458"W •�%j< RADIAL I � '/K �Tl : • 1 r� � •�%i O ~ � ' '� � Qb Na�aR v ti a ^i r,r ,c / 25-p0 0 h N0020 ;3.3 E" X/ 70.00' / Soo 20;Tj-W102.59' 50.06' N0020 ajE R=1016.74' L=25.25' D=D12522` 20' ALLEY I PLAT BOOK 2, PAGE 21 I 1 PORed Into the public TION OF BLOCK 9 OF SECOND PLAT OF ORREC7FD record in conne tion with PERCES SU OF PLAT BOOK 2, PAGE 21 I MON C/TY item Re -4, on OY I Priscilla A. omp5on I City Clerk 02— Public Works Comments Alley closure will provide a public benefit because: a. It will enhance public safety by eliminating a dangerous connection point to a 5 -way signalized intersection of County arterial roadways. b. The general public is not actively using the alley and service and emergency vehicles are not using the alley. c. Closing the alley will not adversely affect access f or emergency vehicles. d. Closing the alley will eliminate dangerous turning movements onto arterial roadways at a multi -legged intersection. Submitted Into to ph,ic rec;,r d a n connedOra kPlith On Prisc',,ile A. Thompson 02-1309 City Clerk CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 02-01471 To: Jose Villar 2000 NW 150 Avenue, Suite 1100 Pembroke Pines, FL 33028 From: Ana Gelabert, Director Planning and Zoning Department PLEASE.TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Wendy's with Drive-Thru located in a C-1. Address: 6197 NE 2" d_Avenue, Little Haiti. Intended Decision: ❑ Approval Q Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class 11 Special Permit pursuant to Article 4 Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. This Section requires explicitly that drive-through facility, including eating and drinking establishments, only by Class II Special Permit Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning Department has made referrals to the following Departments and Boards. • Zoning Division, Planning and Zoning Department. • Little Haiti, Neighborhood Enhancement Team. • Landscape Architect, Planning Department Their comments and recommendations have been duly considered and are reflected in this intended decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: t ^na II�C Submit" record ip, item Priscilla A. ? ri son gi,, Citric 02-130 FINDINGS • It is found that the project, as presented, is appropriate In scale with the typical design of this type of business. • It is found that after several meetings with the Planning Department staff, the architect revised and improved the project; the new proposal was reviewed and approved with conditions from the Design Review Committee. It is found that the applicant has incorporated a park on the wedge section of the block to generate pedestrian activities and provide for public benefit. • It is found that the proposed parking layout is in compliance with the applicable design standards. • It is found that the proposed drive-thru complies with the zoning ordinance and has been located at north side of the building, which is appropriate. • It is found that the proposed landscaping plan although complies with the requirements of the Dade County Landscape Ordinance, some improvements will be required. • It is found that with regard to the criteria set forth In Sec. 1305 of the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the subject application is hereby recommended for approval subject to the plans and supplementary materials submitted by the applicant and on file with the Planning and Zoning Department and further subject to the following condltions: CONDITIONS 1. The applicant shall comply with the conditions requested by the Internal Design Review Committee, see attached documents. 2. This Class II Special Permit is subject to the street closure approval by the City Commission. NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2"6 Ave., i'' Floor, Miami, FL. 33130, Telephone number (305)_416-2030. Signature U Date Ana Gelaberkkrector Planning and Zoning Depart nt Sllbrnitta", d Oil C,fty Clerk, 02-1309 (: I T O r M I At M I P L A N N I N G A N n Z O N I N G f) F, P A H 'i' M 1 i N T PRP.-AFPt,ifATION L)ESIGN REVIEW COMMP-NTS WENDY'S IN LITTLE HAITI 10-12-02' The following comments represent the unified vision of the Pre -Application Design Review Committee, which consist of all staff member in the Urban Design and Land Development Divisions. COMMENTS : We thank you once again, for participating in the design review proccas. We rccog2tize that the applicant's continued active participation is an indication of a shared interetit to develop projects to (heir highest potential and make a significant eontabution to improving the quality of our built euvirunment with great architecture and urban design. Architecture and Site ■ The orientation and vehicular circulation for the proposed Wendy's along 62ni1 Street will be acceptable as long as die following provisions are met. o Treat the wall alnng the parking with architectural elements such as windows, openings, vnida, and /or architectural elements in character with little Haiti. o Provide landscaping along the right of way in the form of aligned shade trees to provide the pedestrians continuous canopy (see example). o Add park on the wedge section of the block to generate pedestrian interest and provide for public benefit (see example). o Provide heavy landscaping within the site, especially within the areas of parking and vehicular movement (see example). o Provide a slightly raised pedestrian crossing with a unique paving material across both driveways that enter and exit onto 62"d Street and 6111 Street. • The design for the Wendy's sign Was not contained in the previous plans submitted. Please submit the Wendy's signage design for review prior to the building permit Submitted into the public record in Connection , tt �z' Y li n i 1 07-- 02-1309 °:a Clerk OF ............ mkj. I all ILM F T4 Q N' B CD Ambitious park lan 3 00 y� .is dividing Little Haiti' BY OSCAR CORRAL the 60 -acre park would be the big- ocorral@herald.com gest and perhaps most expensive taxpayer -funded park project in the A plan by Miami to build an enor- city's history. It would be only eight mous park in the heart of Little Haiti, blocks away from Morningside Park, long desired by many community now the largest urban park in the .activists, is actually drawing 'fire city. fiom. some business owners and res- But proponents of the Little Hail idents who say land acquisition for park may have a tough task. Few of - the park would wipe out hundreds of the property owners rs I with I in the park jobs in one of the city's poorest boundaries are willing to sell, city C.W. GRIFFINMERALD STAFF neighborhoods. ON HOLD: Manny Wong, owner of Fullei Foods, which employs 68 people, If it, came, to fruition as planned, , D KM SEE PARK 2B doesn't want to leave Little -Haiti but says he may be forced out. Story, 2B T4 Q N' B CD 3 00 a3. c1r, -3 CD 0 - 0 0 (D t3 -0 0 Er 0), T4 Q N' B Businesses tit Little Haiti fear'amb,itiouspark- an pt / PARK, FROM 1B PROPOSED PARK IN LITTLE HAITI officials say. And there is little The following are some of the largest' employers and property owners support among city commis- in the area the city wants to reclaim for a park in Little Haiti: sioners to use the power of eminent domain to legally EMPLOYERS 1 Barton G, art planner and require owners to sellparty p 'I truly see a.60 -acre park designer: 250 employees. sp Fuliei Foods, hydroponic rout Amerleam_ a. there as being unrealistic;. said Miami Commissioner J �ea grower and distributor: 68 employees. a eE 6TU, „ X / Sportailor, clothes manufacturer: Sanchez, who added that he ' 65 employees. would not support the use of / Robert and Edna Clothing, clothes y NE 82 S7" ti � Nf It �av� ; a eminent domain. UQf. manufacturer: 27 employees: l41. � FOUR YEARS COMING PROPERTY OWNERS The idea for the park in a' I Robert Mayer, Magic City. Trailer"Sw "� P1 ace dotted with warehouses, park: 9 acres. asI z i� �r=� NEb57E: trailer parks and empty lots — 1 Moises Granados, Keystone Trailer NE54 STs` 4_ some of which are blighted Park: 8 acres.Maroln ' has been in the works since _I Peter Ehrlich, PalmBayStudios:4 P k 1998. acres. ,. Pit,HE54 TER y This year, Miami Commis- I Manny Wong, Fullei Foods: 3.5 acres.' sioner Arthur Teele. Jr. and a ,004 feet — SOURCES: City, company records group of activists drew Po SOURCES: . ble boundaries for the park — MLD120502 iDERE WARREN /HERALD STAFF from Northeast 67th Street' south to 59th Street and from'. ness relocated, okners said. any businesses," Vangates Second Avenue east to the'rail Kelly Carrabba bought a said. "We can build this park road tracks. The city would 4,000 -square foot building in responsibly." have to buy most of the prop- the area for $200,000 in May to Eminent domain has not erties within the boundaries, relocate her wholesale bakery been used by the city tol demolish the buildings and from the Florida Keys. But she acquire land for a park in clean up acres of environmen- 'says she was alarmed by the recent years, and city leaders tally, contaminated land before city's request to buy her build- are wary of resorting to it. Any doing any sort of park con- ing. Instead of moving in, Car- use of eminent domain would struction. rabba rented a space in North require prior approval from . The city commissioners Miami. The city appraised her the commission. agreed' last year to allocate $25 property at $160,000 and won'r 'We want a park, but we million of a $255 million voter- offer more, she said. don't want to hurt the business approved bond issue to build "How .can) they offer you community," said Commission the park. But some estimates less than what you paid?" Chairman Tomas Regalado, place the cost of the park at $50 asked Carrabba, who has not who also opposes eminent million to $80 million.. - been able to rent the space she domain., Teele said the park would.bought. not be just open green space. It Peter Ehrlich, owner • of SINGLE AGREEMENT would be surrounded by'ser Palm Bay Studies, which owns -So far, only one of the 119 vices such as a library, a day- several warehouses in the area, property owners in the area care center, a Neighborhood ' has been fighting the park has agreed to sell at the city's Enhancement Team office and :boundaries and suggests the appraised value, said Laura a' community center. city redraw them to spare the Billberry, director of the city's MOVING FORWARD 60 to 80 viable businesses in Asset Management Depart - the area, a sentiment echoed ment. Within the next two weeks; by other business owners. Teele and Vangates remain the city is expecting to receive "I don't object to having a flexible on the'final size of the the results of an economic park," said Manny Wong, park and explain that it's a impact study, and city officials owner of Fullei Foods, which long-term project. Property hope to gain a better grasp of employs 68 ,people. "I know owners say the city should the potential costs. But the city there will be some winners and focus its efforts on buying two has been moving forward in losers in this deal, but the area trailer parks, Keystone the meantime. ;:boundMfes are;totally,,incor,f;tianfl Magic City, that makeup "The overwhelming feeling rect."„ •s, 17 acres. " - r ` in Little Haiti is that they want Some activists have two An angry business commu- a park and they want it now," words for business owners — nity in Little Haiti could spell said Teele, a major supporter tough luck. further political trouble .for of the park. "I will be damned Teele. Several business owners if we will let Haitians be QUALITY OF LIFE upset with the park idea said treated like manure in the city "What they are doing is rap- they are planning to offer of Miami. ing and robbing and exploiting financial support to a group of But it's the business owners this community," said Hattie activistsseeking to recall in the park area who are crying Wfllis, president of Communi- ' Teele from the commission. foul. Many of them say they. ties United, a grass-roots orga- "I am planning on support - found out about thecity's nization. "The bottom line is ing it," 'Said Sandy Akerman, plans when they received a let- they can relocate. All I'm ask- who owns the Amazon Pre- " ter over the summeri,asking if ing, is to give my children the mium Price holding company. they were willing to sell.their 'same quality of life as every- The recall group has properties.. one else." accused Teele of neglecting UPGRADES HALTED So far, the city is not plan- the needs of the black commu- ning to force owners to sell nity and squandering millions Immediately, construction through eminent domain, said of public dollars through the and 'remodeling projects Ronda Vangates, city adminis- city's Community Redevelop - planned in the area were put trator in charge of the project... went Agency, with little to on hold, and at least one busi- "Our goal is not to displace show for it. "If we put our heads together, we can come up with alternatives that make much ,., tti�5,r more sense," said FedyVieux- Ir �+ Brierre, a Haitian business g , owner in the park boundaries and a former Neighborhood Enhancement Team adminis- trator for the city. OPPOSED:'Ifwe put our heads together, we can come up with alternatives that make much more sense,' says Fedy Vieux-Brierre, far left, a Haitian business owner.in the park boundaries, here with worker Samuel Rogers. SWDMJ'" ;u Or-, item #,10 -6 ir"isd'Na A. -0t €Ly Car" 02-1309