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HomeMy WebLinkAboutR-01-1237J-07_-9.39 7.0/26/01 A at RESOLUTION NO. J 1.������ A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF AN ALLEY PARALLEL AND BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 2ND COURT, 200 LINEAR FEET SOUTH OF NORHTEAST 24TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of October 1, 2001, Item No. 2, duly adopted Resolution No. ZB 2001-0472 by a six to three (6-3) vote, RECOMMENDING APPROVAL of closing, vacating, abandoning, and discontinuing a portion of 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 '.'i � ^ I',- 'o r � � � Fuid stall �tv wti( � +��-ri d FOP �T At CITY CoyAWSSION MEE-rJX-G Or Rc961ufiGS3l'�Fo, E��2,37 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 public right-of-way, being an alley parallel to and between Biscayne Boulevard and Northeast 2nd Court, 200 linear feet south of Northeast 24th Street, Miami, Florida, as legally described in "Exhibit All, attached and made a part hereof, 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'. i� 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 �" 2 3 �^� PASSED AND ADOPTED this 15th day of NoveMber , 2001. JOE CAROLLO, MAYOR L'I accordance, vill,,ft jor dH not im!"cal t1k.- -,1A ire#arding sanLA;, vu.4hout Itis ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: -Aj 6 ITIJANDRO VIL RELLO (TY ATTORNE� pyl 760,YMT:smg , Page 3 of 3 oarnan, City Clerk AOPEtit~1(' (EXtING 1D' ALLEY TO BE VACATED) EXHIBIT "A" LtlD Lots 3, 4, 3, aiid 6, less ft 15 }ge ftroof, and Lots 7, 8, 9 and 10AM Bieck 11 of the Ptat of EDGEWATER, as recorded ii w -Plat Book: 2 at Page: 31 of the Public Rei.. ;�s of Miami -Dade County, Florida. NOTES: 1. Reasonable efforts were made regarding the existence and bcatian of underground utilities, however this Firm does not accept responsbW for this informaton. Prior to excavation or construction contact the The iocation of existing utilities has been prepared from the most reliable information available to the surveyor. The surveyor assumes no re nsblfity for the accuracy of existing utility information. Verity the size, location and character of all ut ties In the field prior to beginning constriction. a. information on existing uumes was obtained from the following sources* - BELL SOUTH - AT&T - TECO GAS 18 - FPL - MIAMI DADE WATER & SEWER appropriate utility companies for field verification. 2. Bearings are based on the centerline of N.E. 2nd Court (S00001149"E) as per Record Plat "WYNWOOD TOWER REPLAT" Plat Book: 156, Page: 12. Elevation 3. Elevations shown are based on a closed level loop using third order procedure and are relative to City of Miami Datum. City of Miami Bench Made Elev.-8.912 at the S.E. comer of intersection of N.E. 23rd Street and Biscayne Boulevan 4. Unless otherwise noted record and measured data are in substantial agreement. 5. The Street Right -of -Way abutting this property ars physicalty open unless otherwise noted. Pole 6. Fence ownership, 9 any, was established by visual means only, but legal ownership has not been determined. 7. Set Iron Pipe or Pin with cap (31012 (18" in length by 0.2 square inches, minimum) at all comers unless otherwise noted. 8. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Pole 9. An expressed purpose of this Plat is to close, abandon, and vacate that portion of a 10 foot alley lying between )r and adjacent to Lots 3-6 and 7-10 Block 11, as shown on the Piat of "EDGEWATER", according to the Plat Ole . thereof, as recorded in Plat Book: 2 Page: 31 of the Public Records of Miami -Dade County, Florida atio 10. OWNERS/ SUBDIVIDERS: WILLIAM E. BECKHAM III HORATIO TORO, TRUSTEE (AS TO LOTS 3, 4, 9,10) (AS TO LOTS 5, 6, 7, 8) 3401 NW 82nd AVENUE SUITE 300 8221 SW 89th STREET MIAMI, FL 33122 MIAMI, FL ence able GAIL H. BECKHAM-FOERSTER BARBARA B. SLICK (AS TO LOTS 4, 9,10) (AS TO LOTS 4, 9,10) 5660 PINETREE DRIVE 231 PEACHTREE BATTLE AVENUE, N MIAMI BEACH, FL ATLANTA, GEORGIA Brick 11. SURVEYOR: LUDOVICI & ORANGE CONSULTING ENGINEERS, INC. 329 PALERMO AVENUE CORAL GABLES, FLORIDA 33134 TEL: 305-448-1600 12. NUMBER OF SITES: 7 13. WATER AND SEWER SERVICES: MIAMI-DADE WATER AND SEWER DEPARTMENT 14. PRESENT ZONING CLASSIFICATION: C-1 (RESTRICTED COMMERCIAL) WITH SD -20 (EDGEWATER OVERLAY DISTRICT), ACCORDING TO CITY OF MIAMI ZONING ORDINANCE NO. 11000 (AS AMENDED) 15. FLOOD ZONE: X AND AE PANEL 183 16. BASE FLOOD ELEVATION: 9.0 17. DADE COUNTY FLOOD CRITERIA: 5.0 16. PLAT BOUNDARY AREA: .94 ACRES ± (EXCLUDING ALLEY) 19. ALL ENCUMBRANCES LISTED IN THE TITLE SEARCH REPORT PREPARED BY ATTORNEY'S TITLE INSURANCE FUND, INC. DATED 02.15-2001, HAVE BEEN DEPICTED HEREON. 2 r On Thi+ btflI&nn shaves depicted hereon are building envelopes. Actual building footprints are complex in shape, Y °p INCOis QBATEa Q, 4 O.,'FVo44 Case Number: 2001-0472 ZONING FACT SHEET 01 -Oct -01 Item No: Location: See Request Below Legal: (Complete legal description on file with the Hearing Boards Division) Applicant; A. Vicky Garcia -Toledo, Esq. on behalf of BMS Management, Contr. Purchaser 200 South Biscayne Blvd., 2500 Miami, FL 33131 App. Ph: (305) 350-2409 Zoning: C-1 Restricted Commercial SD -20 Edgewater Overlay District Request: Official vacation and closure of an alley parallel to Biscayne Boulevard and between Biscayne Boulevard and NE 2nd Court, 200 linear feet south of NE 24th Street. Purpose: This will allow a unified site for development. Recommendations: Planning Department: Public Works: Please see attached Plat and Street Committee: Please see attached Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Last Hearing Date: Found: Violation(s) Cited: Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Analysis: Zoning Board Resolution No: ZB 2001-0468 Zoning Board: Recommended approval to City Commission. Vote: 6-3 City Commission; N/A ' . PZ -4 2 . 46 Code of the City of Miami Section 55-15 (c) Further consideration for vacations and clo- sure. In addition to review for technical compli- ance, the plat and street committee shall also consider the request for vacation and closure with respect to the following: (1) Is it in the public interest, or would the general public benefit from the vacation of the rights-of-way or easements? (2) Is the general public no longer using the rights-of-way or easement, including public service vehicles such as trash and garbage trucks, police, fire and/or other emergency vehicles? (3) Would there be no adverse effect on the ability to provide police, fire or emergency services? (4) Would the vacation and closure of the rights- of-way or easements have a beneficial ef- fect on pedestrian and vehicular circula- tion in the area? v:1--1237 PUBLIC WORKS ANALYSIS FOR Vacation and Closure of an alley at Biscayne Boulevard and NE 24th Street The Plat and Street Committee and the Public Works Department have reviewed the tentative plat of BMS Subdivision and determined that all of the technical requirements contained in the City Code Subdivision Regulations have been met. The Plat and Street Committee in reviewing the request to close and vacate the alley west of Biscayne Boulevard and south of NE 24 Street has considered the public interest requirements found in Chapter 55 of the Miami City Code and has the following recommendations: . It is in the public interest to keep the alley open to serve the individual lots by keeping service vehicles away from the main roadways and provide service to the sides and rear of the properties. The public interest would be served by closing the alley to eliminate problems associated with abandoned vehicles and illegal dumping of trash. 2. The general public and emergency vehicles are no longer using the alley. 3. The alley closure would cause no adverse effect on the ability to provide police, fire and solid waste service. 4. It would be beneficial to close the alley to eliminate problematic and cut -through traffic and eliminate vehicular/pedestrian conflicts. The property owner must provide a specific attorney's opinion addressing the reversionary rights of the alley as part of the application process. j -L 1237 Miami Zoning Board Resolution No.: 2001-0468 Monday, October 1, 2001 Mr. Charles J. Flowers 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 PARALLEL AND BETWEEN BISCAYNE BOULEVARD AND NORHTEAST 2ND COURT, 200 LINEAR FEET SOUTH OF NORTHEAST 24TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A' (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Mr. Georges Williams, the motion was passed and adopted by the following vote: Mr. Rodolfo De LaGuardia No Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia No Ms. Ileana Hemandez-Acosta No Mr. Humberto J. Fallon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Away Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENT. 1 Ms. Fernandez: Motion carries 6-3 Case No Teresita L. Fernandez, Executive Secreta Department of Planning and Zoning Hearing Boards Division 2001-0472 Item Nbr: 2 7 SKETCH AND LEGAL D RIPTION FOR THE PRO i6a Ubit "A" (1 of 2 ) ED ALLEY CLOSURE LEGAL DESCRIPTION: A portion of Block 11 of the Plat of EDGEWATER, as recorded in Plat Book: 2 Page: 31 of the Public Recontts of Miami -Dade County, Florida, being more particularly described as follows: A strip of land 10.00 feet in width lying 5.00 feet to the left and 5.00 feet to the right of the following described centerline: COMMENCE at the Northwest Corner of Block 11; Thence S69058'53"E a distance of 115.00 feet to the POINT OF BEGINNING; thence S00001 '49"E, a distance of 200.00 feet to the POINT OF TERMINATION of the described centerline. Containig 2000 S.F. SURVEYOR'S NOTES, 1. Bearings are based on the centerline of N.E. 2nd Court (S00°01'49"E) as per Record Plat "INYNWOOD TOWER RE PLAT" Plat Book: 156, Page: 12. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. LEGEND: POC Point of Commencement POT Point of Termination POB Point of Beginning P.B. P[at Book PG. Page Centerline M Monument line SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 61G17.6. Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And; that the sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This sketch does not represent a land survey. Ludovici and Orange Consulting Engineers Inc. L.B. #1012 Rtio A. i I F1 .� r N0. 2629 s By:STATE aF Arturo A. Soso �y F P Surveyor and Mapper LS2629 '%,,,4 S L ORlt7 State of Florida LUDOVICI CONSULTING 329 PALERMO AVE. TEL: (305)448-160 & ORANGE ENGINEERS INC. CORAL GABLES, FL. 33134 0 FAX: (305)446-3876 Date: 06-20-2001 ( Drawn: AJ Proj.: 20001 18 1 Checked: AS PROPOSED ALLEY CLOSURE LEGAL DESCRIPTION SHEET 1 OF 2 SHEETS —i a. LuI C: N W m 0 � o_ I <o�l tor m Dai z 5.00 GRAPHIC SCALE 0 15 30 60 Exhibit"A" (2 of 2) N.E. 24th STREET N8905853'W i` a� o; —POB rani ui1 ' - S89058'53"E 115.00' 7 10' ALLEY TO BE VACATED l 5.00' ( IN FEET } o A L L E Y N89°58'53"W 1 inch =3a#L Date: 06-20.2001 Drawn: AJ LUD O VI C I & ORANGE Proj.: 20001 18 Checked: AS CONSULTING ENGINEERS INC. PROPOSED ALLEY 3291 PALERMO AVE. CORAL GABLES, FL. 33134 CLOSURE TEL: (305)448--1600 FAX. (305)446-3876 SKETCH -- SHEET -2 OF -2 SHEETS 1 TCENA rs t} 1 1 ,3 � •: ,1 i2c�19l n11 ,7�:6115jw I1 I12 -u 1. ,f N.E .%N. 29 TR 'A" ST �.Ium INS �61`0l Malin! ]4 ] z 1 I - 23` Q r, I aF0 i NaZ ° I ► ° c 08 I f 3 (! 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N23RD TERR Alp W> NE 23RD ST �r� r �Crt#� o�f JOHN H. JACKSON, P.E. Director September 10, 2001 Ms. Gail H. Beckham-Foerster 5860 Pinetree Drive Miami Beach, FL 33140 SMS Development 5901 SW 74 St., #205 Miami, FL 33143 William E. Beckham III 3401 NW 82 Ave., 0300 Miami, FL 33122 Dear Ladies and Gentlemen: Barbara B. Slick 231 Peachtree Battle Ave., N.W. Atlanta, GA 30305 Horatio Toro, Trustee 8221 SW 89 St. Miami, FL 33156 BMS SUBDIVISION (FORMERLY EDGEWATER BLOCK 11 AMENDED) (SECOND RESUBMITTAL) TENTATIVE PLAT #1587-B CARLOS A. GIME ,,EZ Cil imanager The City of Miami Plat and Street Committee, at its meeting of September 6, 2001, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 1. An opinion of title as to reversionary rights for the 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. 2. Sketches and legal descriptions, with square footages, for the proposed alley closure will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the Hearing Boards, at 305.416-2030. Sketches and legal descriptions shall be on 81/2x 11 inch paper. 3. A plat approval letter from the Florida Department of Transportation is required prior to final plat submittal. 4. All structures not conforming to required setbacks, as determined by the Zoning Administrator, shall be removed prior to final plat. Any nonconforming structure approved by the Zoning Administrator must be confirmed in writing. 5. verify if there are any existing utilities in the alley to be closed and vacated. If there are, the utilities must be relocated or an easement provided. BMS SUBDIVISION (EDGEWATER BLOCK 11 AMENDED DEPARTMENT OF PUBLIC WORKS 1444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-215jS Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Ms. Gail H. Beckham-Poerster, Barbara B. Slick, BMS Development, Horatio Toro, Trustee, and William E. Beckham III BMS SUBDIVISION (FORMERLY EDGEWATER BLOCK 11 AMENDED) (SECOND RESUBMITTAL) TENTATIVE PLAT #1587-B September 10, 2001 Page two 6. A copy of the recorded Trust papers must be submitted. 7. Be advised that when the opinion of title for the final plat is submitted, copies of all instruments referenced in the -opinion must be submitted. 8. A 12 -inch water main extension will be required along NE 2 Court. 9. The Plat and Street Committee in reviewing the request to close and vacate the alley west of Biscayne Boulevard and south of NE 24 Street has considenBd the public interest requirements found in Chapter 55 of the Miami City Code and has the following recommendations: a. It is in the public interest to keep the alley open to serve the individual lots by keeping service vehicles away from the main roadways and provide service to the sides and rear of the properties. The public interest would be served by closing the alley to eliminate problems associated with abandoned vehicles and illegal dumping of trash. b. The general public and emergency vehicles are no longer using the alley. c. The alley closure would cause no adverse effect on the ability to provide police, fire and solid waste service. d. It would be beneficial to close the alley to eliminate problematic and cut -through traffic and eliminate vehicular/pedestrian conflicts. 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. Q. 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. BMS:SUBDIVISION (EDGEWATER BLOCK 11 AMENDED : -1937 Ms. Gail H. Beckham-Foerster, Barbara B. Slick, SMS Development, Horatio Toro, Trustee, and William E. Beckham III BMS SUBDIVISION (FORMERLY EDGEWATER BLOCK, 19 AMENDED) (SECOND RESUBMITTAL) TENTATIVE PLAT #1587-8 September 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, 2 John H. Ja son, P. E. Chairman, Plat and Street Committee JHJ/LJH/rjf Enclosure: Contact Sheet c: John Hail Ludovici & Orange Consulting Engineers, Inc. 329 Palermo Ave. Coral Gables, FL 33134 Plat and Street Committee Members bc: Surveys Civil Engineering Central BMS.SUBDIVISIQN (EDGEWATER BLOCK 'I 1 AMENDED 4.3 CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2d Avenue, 7th Floor* Miami, Florida 33130 Telephone 305-416-2030 + Fax 305-416-2035 APPLICATION FOR OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY ww+www+wwwwwwwwww+www*+www+wwwwwwwwwwww*www,/*wwwww+w*yaw+w*w**w++s+*+w+wtw*w:r*,ewk*www:rww*w*w*w*w+*ww+www*ww*wwww*wwew*ww 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. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNET] IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. 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 BE=FORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. RESOLUTION RECORDATION COST IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. t+wwwww+w+++w+w+++++www++wwwwwww+++wwwww+wwww+r++++++**+*++++k++*w+++wwww+wwww�rwwwwwwwwwwwwww*wvrww*wx*,rwwwww:wwwwwww*w*:R I, Vicky Garcia, Toledo, Esa. On behalf of BMS Management as contract purchaser, 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: 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. Surveys need to be stamped by the Office of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submittal of application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 7. 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). 8. At least two photographs that show the entire property (land and improvements). 9. 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). 1731901111251 # 522673 V 1 8/24/013:11 PRA o-237 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. 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 12. All documents, reports, studies, exhibits (an 8 —112 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 Biscayne Boulevard and NE 24th Street and NE 2nd Court AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 3.4, 5. 6 7, 8, 9 and 10 Block(s) Subdivis 1731 9011 1 125\ # 522673 v 1 8123/01 1;1:00 AM Address 200 Sout Bisca ne Blvd. 2500 Miami, FL 33131 V - Telephone 305-350-2409 _ Date_f _ STATE OF FLORIDA COUNTY OF MIAMI-DADE The fre,going instrument was acknowledged before me this day of "'iex 2GO 1 'by V/ U4 — u who ' -onally known to me or who has produced as identification and who did (did not) take an oath. w„ ELIZo1J3ETH A#hRCNENA :+ F1yCOMMISSION #CC815888 Signature aof EXPIRES: April 19, 2003 aMftd Tku mrd rnwrenc. 4perwy (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of _ 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. Signature (Stamp) sr+++++++++++++++++w++++++++++wxwwwwwwxxx+x+++++w+w+w+++++++ww+wwwwxwwxxwwxxw+rx*x*+w+�xwkxwwx+xx+x+w+x++xwwwwwwww�t:rxx++ STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. Signature (Stamp) 1731901111251 # 522673 v 1 8/24/01111 PM 1 c 7L i .r .A- -W AFF40AW Before me, the undersigned authaft. thle day 12811111100811Yappea W ase e._.�� Beckham III . who being by me first deposes and says: �. Il at hufahe is the owner, or the legal rspmentalfva of th9 owner. MbrrtftWg the accompanying appik a*m for a public heMrW as requftd by the Code of the City of Mlaml. Florida. affecting the lyase propwty taco nd In the City of Miami, ae clsmsbed and erased on the fdragcot; pages of this affidavit and mala a pert tit md' 2. That all owners which helshe represents. if ar% have given their full and complete permission for IjWVhar to act in hWher behalf fOr the street closure as set out in the aocompanying petition. a Including responding to day to day staff inquires; a not including respond'mg to der/ tc► daY staff Inquiries In which o$se helshe should be contacted at 305 714-4410 -- 3. That the foregoing peg" era Mede a pmt of this affidavit contain the current names. mailing addresses, teisphons numbers and legal descriptions for the real property of which ha'she is the owner or too repress"tafts. 4, The facts as represented to teas application and documents submitted In cw1unadw with this affidavit aro trite Said aonuz FurdW Affiant $1YaW not. William E. — BeckhAM TIT Applicant Name STATE OF FLOPMA COUNTY OF lti "I -RADE The 20 V by me {arks an oath. (Stamv) FFICIAL NOTARY SEAL PAUL D. BARNS, JR. NOTARY PUBLIC STATE OF FLORIDA QCOMMISSION NO. CC 884562 M MY COMMISSION EXPIRES 12/712003 �7S160h'111�i14R�'3 v 1 WITX 9 J=SAA4 MIA f �, bWWS me this S. day of�� 7 who is parrona0v Known to and who did jI--1 S"1 Jy/ VK/ y,4 1y. 4.R } ri4 V V V Vy3J4LY Dlil�7 111111�1�1sr.D1L'.1111 VV WJ V V4 OS/24/�1 x.5, 32 F.lLI AFFIDAVIT Before me, the undersigned authorlty, this day personally appearesi io Toro as Trustee , Who being by m$ first depot and says. r. 't. That he/she is the owner, or the Iegal Ired bCetl$e Godo a � CltyntatWz of the goi' Miami. Florida, ng the accompanying application for a public hearing as req Y a es of affecting the teal property located In the City of Miami, as descritJs:ed and listed on the .nregoirig p 8 this affidavit and made a part thwwf. 2. .That all owners which he/she represents. if arty. have given their foil and cornPtete permission for him/her to act In his/her behalf for the street 1010eure as set out In the accompanying puffdon. M including responding to day to day staff inquires; n no', Including responding to day to day staff Inquirles in which case he/she should be cnrtitactad at 31 That the foregoing pages are made a part of -this aflid9vit contain the current names, mailing addrasses, telephone numbers and legal dasadptlons Tar the regi property of WHO helshe W the owner or legal rei)mssntativs. 4. The %cts as represeente�d/ in the application and documents submitted In corllunctlon with this affidavit are We and coat. <'1 �1 L! 'e u nG��r,S%e r�P�lj �S Irv�eel ��s �c ,a o W et- av eKee v , e, -Hl i c Q GlJM . applicant Furthor Affiant sayeth not. H X io Toro a rrust.ee Applicant Name STA F_ OF FLORIDA COUNTY OF lVliAM1-DA>ai^ The foregoing instnginent was acknowledged before me this vv�Yis f e , Q� Wally known to 20Q[_,_. by o R D a 4S TA � c-4�..�...—� an d me rsat) talcs an oath. Slgn*tura {Stamp} w31SM1112614R &Z0* V 1 6It7701 1 oae AAS' OFFICuu. NOTARY SEAL. . PAUL D. 13MNS, JIFL NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 884362 MY WWIJSION 8XP1 i 1 E 12883 , OWNER'S LIST Owner's Name Barbara B Slick Gail H. Beckham-Foerster & William E. Beckham, M Mailing Address 3401 N.W. 82nd Avenue Suite 300 Miami Florida -Zip Code _33122! Telephone Number 714-4410 Legal Description, Lot 4, less the E. 15 feet thereof, Block 11, EDGEWATER, Plat Book 2, Page 31, Public Records of Miami -Dade County, FL AND Lots 9 & 10, Block 11, EDGEWATER, Plat Book 2, Page 31, Public Records of Miami -Dade County, FL Owner's Name William E- Beckham, III _— Mailing Address 3401 N.W. 82"d Avenue, Suite 300, Miami, Florid Zip Code 33043, Telephone Number 714-4410 Legal Description: Lot 3, less E. 15 feet thereof, in Block 11 of EDGEWATER, according to the Plat thereof, and recorded in Plat Book 2, Page 3 i, of the Public Records of Miami -Dade County, Florida Owner's Name H io Toro as TruEte_— Mailing Address 8221 SW 80 Street. Miami,_Flodda _ Zip Code 33156 Telephone Number 270-9094 Legal Description: Lots 5 & 6, less the E. 15 feet thereof, Lot 7, Block 11, EDGEWATER, Plat Book 2, Page 31, Public Records of Miami -Dade County, Florida AND Lot 8, Block 11, EDGEWATER, Plat Book 2, Page 31, Public Records of Miami -Dade County, Florida 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: See Attached (Exhibits "A" & "B") DISCLOSURE OF OWNBRSIUP 1. Laga1 Description and street address of Subject teal, property Lot 4, lass the E. 15 feet thereof, Block Dade 11, EDGEWATSR, Plat Bock 2, Page. 31, Public Records of MiamiDade County. i?l. AND Lots 9 & lo, Block 11, EDGEWA'1'M Plat Book 2, Page 31, Public Records of Miauiti-Dade County, FL Address: 2332 Biscayne Bmiavard, and 2329 and 2323 NE 2°d CO=4 Mtaud, Florida 2, owner(g) of subject real ptnpatY Percentage of ownership NOW The Code of the City of Miami requires disclosure of all parties having a financial interest, either d t on #2 requires disindirect in the subject osure of sharehoidderw of 21 s of request or Petition to the City Cotrstsi� Accordingly, q and o rtionate corporations, bwoftciaries of trusts, and/or any other interested Parties, toga -her with their addresses In PO interest E. Beckham III - 33 l/3 % 3401 I'M 82nd Ave. - Suite 300, Miami, FL I) William 231 . Slick•- 33 I/3 % ?:!achtree Battle Ave., NW, Atlanta, GA 2) Barbara E 3) Gaff H. Beckham Foerster- 33 1/3 % 5860 :'inetree Drive, ll+iiami Beach+ FL 3. Legal Descrip tion and street address of any real property' (a) owned by any Party listed in awwer to question #2, and (b) located within 500 feet of the subject real proPerty, William E. Beckham 1s 2322 a Boulevard, Miami, FL Block 11, Lots 5,67,8 2344 Biscayne Boulevard, 2347 NE 2"4 Court 8e. :339 NB 2w Court, Mienti, EL 1 Barbara B. Slick47 NE 2'd Court & Slick.339 NE 2"d Court, Miami, FL Block 11, LOts S,6,7,8 ~ 7.344 Biscayna Boulevard, 23 Gail H. Bcck wn-Faetster Boulevard,2347 NE 2nd Court & 2339 NE 2pd Ceurt. Miami, FL Block 11, Lots 5,6,7,8 - 234 Biscayne William E. Beckh Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF NIIAMI DADS 4C,IIAAVG�M���cy for Qartter Sigssat+ue .The t was••--.- before me this �•I day of & 0 2001, by It ration. HelShe is,nersonn!ty known tO 0 corporation, on behalf of the corpo takes Z o� -WONAO"iewand who did EPAU L D. gpAKS, JA AAY PUBLICSTATE of FL60A COMMISSION No.CcgS4B62 COMIAISSI01t EXPIRES 12!712003 Narn� Nowa, Public - State of Florida CONission No.: My G walission Expires: ,J I -1.237 DISCLOSURE OF OWNERSHM 1. Legal Description and street address of subject real property: Lot 3, loss E. I5 feet thereof, in Block 11 of EDGEWATER, according to the Plat thereof, and recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida Address: 2322 Biscayne Boulevard, Miami, Florida 2, owner(s) of subject real property and percentage of ownership Note: The Code of the City of Miami requitles disclosure of all parties having a financial interest, either direct tor indirect, 2 re Hire in disclosure subject a ter Of shareholders of request or petition to tho City Commission. Accordingly, q q corporations, beneficiaries of trusts, and/or any other interested parties, togetiier with their addresses and proportionate interest. 100 % owned by William E. Beckham, lIl 3401 I.W 8214 Ave. -- Suite 300, Miami„ FL 3. legal Description and street address of any real property (a) owned by art party listed in answer to question tf2, and (b) located within 540 feet of the subject real property. Block 11, Lot 4 less East 1S ft., Lot 9 and Lot 10 — 2332 Biscayne Boulevard, 2329 & 2323 NE 21A Court, Miami, FL Block 11, Lots 5,6,7,8 — 2344 Biscayne Boulevard, 2347 & 2339 NE 2°4 Court, Miami, FL William E. Beckham ITT Owner or Attorney for owner Name 5��� ie&Attom�eYfor Owmer Signature STA'L'E OF FLORIDA COUNTY OF MIAMI DADS _, 20i1I, b lbo fore . gins ent was acknowledged before me this day o n Y �*' -as ROOM is ersomaity known to sire or has producod /N� identification and who did (dklmot) taken oath - L PAUL D. BARNS, JR. &-4bNOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 81466? uy COMMISSION EXPIRES 1?/. rfig. Name: Notary public - State of Florida Commission No.: My Commission Expires: U7/ VK/ U1 AU -40 rAA OVODUVO444 AD1J Atulati,C-ar.1!Il klu WUU! DISCLOSURE OF OWNERSSH' 1. Legal Description and street address of subject real property Reco of Lots S & 5, less the EPlarida ANDa;-o 8t Btook 11, EDGEWATER, Plat Bonk 2, Page 31 PubliclRecor rn Miarni- Miami-Dade County, Dade County, Florida Address: 2344 Biscayne Boulevard, 2347 NE 2°d Court & 23391+18 2"' Court, Miami, Florida Miami requires 2,. Owner(s) of subjdct real property and percentage of ownership Note. The Code of the City of disclosure of all panics having a financial interest, either direct #2 indirect, it the subjctma tof opresentation, request ar petition to the Cray Costs, anion. Accordingly, q e<I corporations, beneficiaries of trusts, andlor any other interested parties, togctler wide their addresses and proportionate interest. See Attached — ]Sxhibit "A" 3, LegalDaddress of any real property (a) owned by any party listed in answer to question #2, and c (b) located within and street in 504 feet of the subject real iropertY- See Attached — Exhibit "B„ Horatio Toro, as Trustee OurnerofAtto sipawn- owner of Attorney for Owner Name STATE OF FLORIDA C OUNTYOF MLkML-DARE g instru t w s acknowledged before me this �- -- day of Pent ✓, 2441, by 0 .s ' "'� H}nis'personally known to me and who diditiit-cmtj take an oath. Name: Notary?ublie - State of Flo d,44 Commission No.: My CovIrnission Expires. PAUL D. BARNS JR. )7ARY PWL'C STATE OF Fl.OR1A COMMISSION No.CC 88 82 CQii mein. j I-1237 EXHIBIT "An -F1SRMA-K PROPMTY 2336 Biscayne Blvd, & 2.347 N.P-. 2"d Ct., Miami, Fl. 33237 Block 11, 'Lot 5, 6,7 ,Mi'TC 1-LSLL pC— R1 Y 2339 N.E, 29d Ct., Miami, Fl, 33137 Blncic 1 1, Lot $ Saiiei laial Ownership: 140rucio Toro 20"10 8221 S.W, 89*1St. Miami, F1,35156 ,William 1j. Quesenberry, Jr. Charitable Rernaindcr Unitrust 24ai6 First UrAon National Bank ofFlorida Ansa; TTrae West 200 So. 01myxsa Blvd. -- 101 Fl. Miseni, X1.33 i31 William E. Dcekhan; M Iovo 3401-N.VV, 82"4 Ave. , Suite 300 Mialni, Fl. 33122 Candice Beckham 10% 3 Oak T- ll Way SewalIs Point, Fl. 34996 Evelyn it. art 'frust 10 11/0 703 Viiaballa Ave. 'Coral Gables, Fl. 33146 William E. ,$eckham 5"/0 3461 N.W 82"d Ave, -- SLaitc 300 Miami, F1, 3;122 Ckasi EL Beckham-Faertxer 5010 5860 Fine Tree Drive Miami Duels, A 33140 . William D. May S�/a 2381 Chir-aey SprinpDriva 'Marietta, Gcoro& 30062 Barbara B. Slivk 5°/a 231 Peach Tree Bavle Ave, Atlanta, Georgia 303454028 John C, Sullivan, Jr. 5% SuihvwAdn 4-% & Suliivan 2511 ponce do Lean Blvd, Corsi Cables, P1. 33134 )David E. iYsllstrand Trust 214 6000 S. W. 108`h Sr. Miami, F1. 331$6 X=es H, Stover Trust 2'/a 707 Vilabella Avc, Carai Crablcs. Fl, 33 146 ill r i EXHIBIT "Bn .Moracio Tore =I S.W. 8S�m St. Nfiami, F1.331,56 Fishman Block 11. Lot 5,6,7 20% Ownorsiup 2336-2344 Biresyne Blvd. $ 2347 N.E. 2°a Ct., N iaui6 Fl, 333137 Mitchell Block 11, Lot 9 200lo Ownership 2339 N.E. 2t'o Ct., Miami, F1, 33137 Also part Ownership in the following Pr0pexiC3: Hshri $look 7. Lot 5,6,7 25% Ownership 312-320 N.13, 234 St.. Miami, l~l. 33137 Gilbert Block 7,Wcst 50 R, of lots I & 2 1S% OwnCrsbap 323 N.E. 234 St., Marai, FI, 33137 a ;jI --123 1 WllllAm V. Quesmberry .1r• Ch0ritable Pemaindar Unitrust First Union National $gnk of Florida, Trustee Alt= Trod West 240 South Bisa yne Blvd, —144' Floor I Xta mi, F1.33131 Fishman Block 11, Lot 5, 6, 7 20°/v ownership 2;336 — 2344 Biscayne Sled. & 2,347 N.E. 2°a Ct., N ami, Fl. 33137 Mitchell Block 11, Lot S 20/a Ownership 2339 N.E. 24 Ct., Miami, F1, 33157 Also part ownership in the following properties: Hess Block6, Lot 5 5% Ownership 2338 N.E. 43h Avc., Miami, Fl. 33137 Madden Block 6, lot 3 50% Ownership 2322 N.E. a Ave., Miami. F!. 33137 McDowell Block 6, Lot 6 5% Ownership 2344'A R 41' Ave., Miami, Fl. 33137 stepper Block 6, East 93 R. of Lot 10 5% OwA"51 ip 2315 BiSozyne Blvd., Miami, Fl. 33137 We"s Block 6, EAst 95 R of 5 % ofLot 8 & sast 9s fl;, of Lot 9 5°!o Ownership 2331-2335 Biscayne Blvd., Miami, Fl. 33137 r F,Velyn 'XL $ar"ma Trust 701 Vilahalla Ave. Coral Gable*, 71.33146 Fish= Block 11, Lot 5, 61.7 101% Ownership 2336-2344 Biscayne Blvd, & 2347 NX. 2"d Q., Miami. Fl. 33137 Mitchell Block 11k, Lot 5 10% Ownership 2339 N.E. 2'e Ct., Miami, %l. 33137 Also part owtt=Wp in the following properties: Ross Black 6, Lat 5 46/o Ow=rship 2538 N.E. 40 Ave., Miami, Fl, 33137 Maddezx Block 6, Lot 3 4°/Q Ownership 2322 X.S. 4"' Ave., Ngami, Fl. 33137 McDowiell Block 6, Lot 6 40K Ownership ' 2344 N.E. 41' Ave., Miami, Fl. 33137 Carlton Block 6, Fast 50 A, of Lot 1 I & East 42,9 ft of Lot 12 & West 7 ft. of Lot 11 20% Ownership 315 N.B. 231d St. & 2301 Biscayne Blvd,, Miami, Fl. 33137 Haan Block 7, Lot 5,6,7 SQ/o Owtunhip 312-320 N.E. 23`d St., Mami,Fl. 33137 Stegner Block 6, East 95 ft of Lot 10 100/6 Ownership 2315 Bismyna Bllvd., Miami Fl, 33137 Water: Block d, East 95 ft of S1!2 of Lot 8 & East 95 ft of Lot 9 100/o Owmrship 233 ] 23SS Biscayne Blvd, Ngvzm , 71.33137 David E. Hallstrand Trust 6000 S. W. loe St. Miami, F3. 3315E Fisban Blockll. Lot 5, 5. '7 2.5% Ownership 23362344 Biscayne Blvd. & 2347 N.E. 2"d Ct., Miami, F1.33137 .Mitchell Block 11,, Lot 9 2.511A Ownership 2339 N,E, 2"d Ct., Miami, F]. 3317 Also pan ownership in tha following properties: 14ess Block 6, Lot 5 IV% Ownership 2338 N.E. 41h Ave,, Miami, F1, 33137 Madden Block 6, Lot 3 12% Ownership 2322N.E. 4 4 Ave., Miami, F1, 33137 McDowell B104 6, Lot 6 12010 Ownership 2344 N.E. 0 Ave., Miami, Fl. 331.37 Sendlc Block 6, But 9$ ft of Lot 7 & Last 95 ft. &N 14 of Lot 8 20% Ownership 2347 Biscayne Boulevard, Miami„ Fl. 33137 Carlton Block 6, East 50 It. of Lot 11 & East 42.9 ft, of Lot 12 & Test 7 ft. of Lot 11 200A Ownership 315 N.r-. 23r1 St, & 2301 Biscayne Blvd., Miami, Fl. 33137 0 • James H. Stovor. 707 'V'ilabella Ave, Coral Grablos, Fl. 33146 FisbnaanBlock 11. Lot 5, 6, 7 2 1/2%0wnership 2336-2344 ,Siscsyne Blvd, 2347 N.E, 2'd Ct., Miami, VI. 33137 Mitchel.[ Block 11, Lot B 2 ,/z % Ownership 2339 N.E. 2"d Ct., Miami, Fl. 33137 Also parr owv Milip in the following properties: Hest Block 6, Lot 5 20a/e Ownership 2338 N.E. O' Avc., Miami, Fl. 33I37 Madam Wook 6, Lot 3 2(l.'/o Ownership 2322 N.E. 4�h Ave,, Miami, Fl, 33137 McDowell Block 6, Lot 6 2344 N. B, 41' Ave., Klemi, Fl. 33137 206% Ownership Step= Block 6, Easy 95 ft ofLot 10 15% Ownership 2315 Biscayne Sivd., Miami, Fl. 3313 7 Waters Block 6, Fast 45 $ of S'A ofLot $ & East 95 8. ofLot 9 15% Ownership 2331.2335 $isaayne Blvd., Z&&Mi, F=. 33137 Bendle Block 6, East 95 ft ofLot 7 & East 95 A of n'h of Lot B 20% Ownership M47 Biscayne Blvd., Miami, IFI. 33137 Carlion Block 6, Buz 50 fl.. ofLot 11 * East 42.9 :ft, ofLot 12 * West 7 fl.. ofLot 11 20% ownership 31 $ N.E. 23!d St. & 2301 Biscayne Blvd., Miami, Fl, 33131 OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation With the understanding that this opinion of title is furnished to the CITY OF MIAMI, FLORIDA, in compliance with Section 55-8 of the Miami City Code, and as an inducement for acceptance of a proposed subdivision replat ("Replat") covering the real property hereinafter described, it is hereby certified that I have examined Chicago Title Insurance Company Reports to Agents on Status of Title bearing Agent's file number 20059-57497 and Attorneys' Title Insurance Fund Automated Title Information Data System title information ("Title Evidence") covering the period from the BEGINNING through August lb, 2001 at 11:00 P.M., inclusive, of the following described real property (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO Basing my opinion solely on said Title Evidence covering said period, I am of the opinion that on the last mentioned date in the Title Evidence, subject to proper closure and vacation of all rights of the public to use the Property, fee simple title to the Property was vested in Horatio Toro, as Trustee ("Owner"). Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: NONE 2. RECORDED MECHANICS LIENS, CONTRACT LIENS, LIS PENDENS AND JUDGMENTS: NONE 3. GENERAL EXCEPTIONS (a) Real Property taxes for the calendar year 2001 and prior years. (b) Rights of persons other than the above owner who are in possession. (c) Facts that would be disclosed upon accurate survey. (d) Any unrecorded labor, mechanics' or materialmen's liens. (e) Zoning and other restrictions imposed by governmental authority. 4. SPECIAL EXCEPTIONS (a) All matters as shown on the PLAT OF EDGEWATER, recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida. (b) Rights of the Public in and to the use of the Alley as dedicated and shown on Plat recorded in Plat Book 2, Page 31, Public Records of Miami -Dade County, Florida. (c) Any lien, arising under Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid sery ice charges for sery ice by any water system, sewer system or gas system servicing the lands described herein. FACTS It is our understanding that Owner is replatting the Property and certain abutting property owned by Owner and such replatted Property and abutting property will be known as "EDGEWATER BLOCK 11 AMENDED". We have been advised that a Tentative Plat proposing the vacation of Public Right -of -Way has been filed by the Owner with the Plat and Street Committee of the City of Miami and that all documents in conjunction therewith have been properly filed with said Committee. It is our fiurther understanding that the City of Miami has requested an Opinion as to the ultimate ownership of the Property as a result of such Tentative Plat application and replatting of the Property. DISCUSSION The Title Evidence provides that upon proper closure and vacation of all rights of the public to use the Property, fee title to the Property will belong to Owner. Based on the presumption that the Property has been properly dedicated to public use and accepted and on the farther presumption that proper and appropriate steps will be taken to close and vacate the Property as above described, it is our opinion that by virtue of the Title Evidence and Section 177.085, Florida Statutes, the Property will become the property ofHoratio Toro, as Trustee ("Owner") to the centerline on each side. The aforesaid Owner is the only Party which is necessary to join in the Re -Plat of the Property. U---1"3" I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice tin the State of Florida, and am a member in good standing of The Florida Bar. Respectfully submitted, this 4th day of September, 2001. ENGLISH, McCAUGHAN & O'BRYAN, P,.A. Y: cr— Daniel L. Adams, Esq. Florida Bar No. 000326 P.O. Box 14098 Fort Lauderdale, FL 33302 SWORN TO AND SUBSCRIBED before me this 4th day of September, 2001 by Daniel L. Adams, Esq. Lynnora D. , Notary Public My Commission Expires: H:%userslwplmj elbmsltoro\OpTltle3.Mia:09.04.01:DLA pWh Lynnora U. Be$ZWY EXREStW February 17, 2004 ••? . CA' BONDED THRU }ROY FAM INSURANCE, INC. EXHIBIT "A" LEGAL DESCRIPTION Lots 5 and 6, less the East 15 feet thereof and Lots 7 and 8, Block 11, of EDGEWATER, according to the Plat thereof as recorded in PIat Book 2, at Page 31, of the Public Records of Miami - Dade County, Florida. Hauserslwplmj elbmsltoro\OpTitle3.Mia:09.04.01:DLA 0 i -12. 7 SKETCH AND LEGAL DESCRIPTION FOR THE PROPOSED ALLEY CLOSURE LEGAL DESCRIPTION: A portion of Block 11 of the Plat of EDGEWATER, as recorded in Plat Book: 2 Page: 31 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: A strip of land 10.00 feet in width lying 5.00 feet to the left and 5.00 feet to the right of the following described centerline: COMMENCE at the Northwest Corner of Block 11; Thence S89058'53"E a distance of 115.00 feet to the POINT OF BEGINNING; thence S001101'49"E, a distance of 200.00 feet to the POINT OF TERMINATION of the described centerline. Containig 2000 S.F. SURVEYOR'S NOTES: 1. Bearings are based on the centerline of N.E. 2nd Court (S00001'49"E) as per Record Plat "WYNWOOD TOWER REPLAT" Plat Book: 156, Page: 12. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. LEGEND: POC Point of Commencement POT Point of Termination POB Point of Beginning P.B. Plat Book PG. Page q Centerline IV- Monument line SURVEYOR'S CERTIFICATE: HEREBY CERTIFY: that the LEGAL AND SKETCH of the property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 61 G17-6. Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And; that the sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This sketch does not represent a land survey. Ludovici and Orange Consulting Engineers Inc. L.B. #1012 „\�,,,,,,,EitiGnuriiii,,,���� By:.. CJ Arturo A. Sosa Surveyor and Mapper LS2629 State of Florida LUDOVICI & ORANGE CONSULTING ENGINEERS INC. 329 PALERMO AVE. CORAL GABLES, FL. 33134 TEL. (305)448--1800 FAX: (305)446-3876 �.""Z .� \}RO A. P GFt[ 4 F1Cq� 9 H0. 2629 w �9 STATE OF ` .<9,y Q R 1p S� Q SIURVEIY'QtR����`",. Date: 06-20-2001 Drawn: AJ Proj.: 20001 18 Checked: AS PROPOSED ALLEY CLOSURE LEGAL DESCRIPTION SHEJET 1 OF_ 2,6J-I[EET% Q C N o cv CR N.E. 24th STREET IL W ,... � U) r R!89°58'53"W v 0 \MI Lo� Cm B LI] LV O 1 i-- S89058'53"E 115.00' ` - s' 5.00' I , 7 f . 10' ALLEY TO CCpm W I BE VACATED - " 5.00' 35.00' 35.00' _ = Z _ i 5.00' 0 Lu b) a - �o o Q C N o cv o � IL W ,... � U) r cc N r" v o ` ca LI] LV O 1 ra s' 000 V CCpm W I " 5.00' oa- _ = Z i 0 GRAPHIC SCALE p 15 30 60 Par— 1J 1 --IN IN FEET) ALLEY N89058'53"W - i inch =30ft _ Date: 06-20-2001 Drawn: A,! '[ LU D ®V I C I & ORANGE Proj.: 20001 18 Checked: AS CONSULTING ENGINEERS INC. PROPOSED ALLEY CLOSURE 329 PALERMO AVE. CORAL GABLES, FL. 33134 SKETCH TEL: (305)448--1600 FAX: (305)446-3876 ..- -a_ _ A C% -� Ml `11-NEET 2 OF 2 SHEETS