HomeMy WebLinkAboutR-01-1237J-07_-9.39
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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
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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,
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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.
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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
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GRAPHIC SCALE
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Exhibit"A" (2 of 2)
N.E. 24th STREET
N8905853'W
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—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
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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
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Checked: AS
CONSULTING
ENGINEERS INC.
PROPOSED ALLEY
CLOSURE
329 PALERMO AVE. CORAL GABLES, FL. 33134
SKETCH
TEL: (305)448--1600
FAX: (305)446-3876
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