HomeMy WebLinkAboutR-00-0103J-00-15
12/21/99
RESOLUTION NO.
00— 0 3
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 NORTHWEST NORTH MIAMI COURT
FROM NORTHWEST 14TH STREET TO NORTHWEST 15TH
STREET AND THE ALLEY LOCATED AT BLOCK 41 OF
THE WADDELL'S ADDITION SUBDIVISION FROM
NORTHWEST 14TH STREET TO NORTHWEST 15TH STREET
FOR THE PROPERTY LOCATED AT APPROXIMATELY 59
NORTHWEST 14TH STREET, MIAMI, FLORIDA; AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, the Miami Zoning Board at its meeting of
December 6, 1999, Item No. 1, duly adopted Resolution
No. ZB-1999-0240 by a five to one (5-1) vote, RECOMMENDING
APPROVAL, as set forth herein; and
WHEREAS, the Public Works Department and the Plat and Street
Committee have studied the subject vacation and closure and
determined that it will notaffect pedestrian or vehicular
traffic circulation or access for public service vehicles 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 -
CITY COMMISSION
MEETING OF
JAN 2 7 2000
Resolution No.
CIO— 1003
• •
way and alley would benefit the general public; and
WHEREAS, the Department of Public Works and the Plat and
Street Committee recommend approval of said vacation request; and
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
subject right-of-way and alley, 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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A portion of public right-of-way, closing,
vacating, abandoning, and discontinuing for use that portion of
a public right-of-way, being the portion Northwest North Miami
Court from Northwest 14th Street to Northwest 15th Street and the
alley located at Block 41 of the WADDELL'S ADDITION SUBDIVISION
from Northwest 14th Street to Northwest 15th Street for the
property located at approximately 59 Northwest 14th street,
Miami, Florida, more particularly legally described in the
attached Exhibit "A", is hereby closed, vacated, abandoned and
- 2 - 0®- x.03
0 - 0
discontinued for public use.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 27th day of January , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approv--,l of
this legislation by signing it in the designated p!acs, providod, said legislation nOW
becomes effective with the elapse of ten (t 0) daysAm ti a date of Corrtmissi tion
regarding same, without the Mayor exercisin4a . _ j'�p oZ
ATTEST:
WALTER J. FOEMAN
CITY CLERK
Ra
ERO"VILARELLO
TTORNEY�a���
037:YMT:eij
RRECTNESS t/
Clerk
�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.
3 -
i3VEY GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
Exhibit "A"
LEGAL DESCRIPTION FOR THAT PORTION OF ROAD TO BE CLOSED:
N
Q
50 FOOT RIGHT—OF—WAY STRIP LYING BETWEEN BLOCKS 41 AND 42 AND
ADJACENT THERETO, WADDELLS ADDITION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE B OF THE PUBLIC
•E RECORDS OF DADE COUNTY, FLORIDA.
D
LEGAL DESCRIPTION FOR ALLEY TO BE CLOSED:
12 FOOT ALLEY IN BLOCK 41, WADDELLS ADDITION, ACCORDING TO THE
0 PLAT THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE B OF THE
Z PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
I HEREBY CERTIFY: That the Legal Description and Sketch shown
hereon are true and correct to the best of
my knowledge and belief.
Q)
a�
DELTA SURVEYORS, INC.
c
Waldo F. Paez
Registered Land S ve r --
No. 3284
Certificate of Author ation
LBW 3386
State of Florida
200
0foil — 1Un
Case Number: 1999-0255
Location:
Legal:
Applicant:
Zoning:
I . ® PZ -3
ZONING FACT SHEET
06 -Dec -99 Item No: 1
Approx. 59 NW 14 Street
(Complete legal description on file with the Office of Hearing Boards)
Big Time Equipment, Inc.
550 Washington Avenue
Miami Beach, Florida 33139
App. Ph: (305) 672-5117
C-2 Liberal Commercial
Eugene Rodriguez
550 Washington Avenue
Miami Beach, Florida 33139
Rep. Ph: (305) 672-5117 ext
Rep. Fa U = ext
Request: Official vacation and closure of a public right of way, being the portion of NW North
Miami Court from NW 14 Street to NW 15 Street and the alley located at Block 41
from NW 14 Street to NW 15 Street.
Purpose: This will allow a unified development site.
Recommendations:
Planning Department: N/A
Public Works: See attached recommendation
Plat and Street Committee: See attached recommendation
Dade County Transportation:
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 1999-0240
Zoning Board: Recommended approval to City Commission. Vote: 5-1
City Commission: N/A
00- 103
PUBLIC WORKS ANALYSIS FOR
59 NW 14 STREET
The Public Works Department and the Plat and Street Committee
have studied the proposed closure and vacation of a portion of N.W. North
Miami Court and the alley located at Block 41 from N.W. 14 Street to N.W.
15 Street and determined that closure of the street and alley will not
adversely affect traffic circulation or access for public service vehicles such
as trash and garbage trucks, fire, police and/or other emergency vehicles.
The street and alley are not part of the critical pedestrian and vehicular
transportation network for the neighborhood. The Plat and Street Committee
has reviewed the tentative plat of the "Ice Palace" and determined that all
technical requirements contained in the City Code Subdivision Regulations
have been met and the closure of the street and alley and development of the
property would benefit the general public. The property owner must provide
a specific attorney's opinion addressing the reversionary rights of the street
and alley as part of application process. Based on the criteria contained in
the Subdivision Regulations of the City Code, the Public Works Department
and the Plat and Street Committee recommended approval of the street and
alley closure and vacation request.
Miami Zoning Board
Resolution: ZB 1999-0240
Monday, December 06,1999
Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE 11000, THE ZONING
BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION
AND CLOSURE OF A PUBLIC RIGHT OF WAY, BEING THE PORTION OF NW NORTH MIAMI
COURT FROM NW 14TH STREET TO NW 15TH STREET AND THE ALLEY LOCATED AT BLOCK
41 FROM NW 14TH STREET TO NW 15TH STREET FOR THE PROPERTY LOCATED AT
APPROXIMATELY 59 NW 14TH STREET, LEGALLY DESCRIBED AS A 50 FOOT RIGHT-OF-WAY
STRIP LYING BETWEEN BLOCKS 41 AND 42 AND ADJACENT THERETO, WADDELL'S ADDITION
(B-53), AND A 12 FOOT ALLEY IN BLOCK 41, WADDELL'S ADDITION (B-53), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED E-2 LIBERAL COMMERCIAL.
Upon being seconded by Ms. Gloria M. Basila,
the motion was passed and adopted by the following vote:
Mr. George Barket
No
Ms. Gloria M. Basila
Yes
Mr. Charles J. Flowers
Yes
Ms. Ileana Hemandez-Acosta
Away
Mr. Osvaldo Moran-Ribeaux
Yes
Mr. Humberto J. Pellon
Away
Mr. Fidel A. Perez
Away
Mr. Juvenal Pina
Yes
Mr. Ricardo D. Ruiz
Away
Mr. Georges Williams
Yes
AYE: 5
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 4
Ms. Fernandez: Motion carries 5-1
r
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1999-0255 item Nbr: 1
0— 0
II $T N.E-
61kIt 01 P10 RATED
to so
CITY OF MIAN/fle
OFFICE OF HEARING BOARDS
APPLICATION FOR OFFICIAL VACATION .
AND CLOSURE OF A PUBLIC RIGHT-OF-WAY
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
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.
*************s»******ss****ss*****ssssssssssss*sasssssssss*sssssssss*ssssssss*»s******s*********
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
for Big Time Equipment, Inc.
I, Eugene Rodriguez 'hereby apply to the City Commission of the
City of Miami in accordance with Section 55-15 of the Code of Ordinance of the City of Miami as more particularly
described herein and, in support of that request, furnish the following information:
1 18,000 total square feet.
2. Folio number: 40131250481600/01-3125-048-1620
3. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor.
4. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application).
Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered
by the application.
6. At least two photographs that show the entire property (land and improvements).
7. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
8. Attach Opinion of Title (note: an update shall be required if more than 3 months elapse before Zoning
Board or City Commission approval).
9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
0. Fe o � -
1 e •f $_ to.apply toward cost f processing, acwrdtng to Section 62 156 of -the Zoning
Ordinance:
Vacation of public right -of -"way:
(a) Original submittal:
Per square.foot of right -of: way................. ................................................................ $ .90
Minimum...........................I..................... ..... ............... .......................$1,200.00
(b) Re -submittal:
Per square foot of right-of-way ................. ....................$ .90
Minimum..................................... ...................................................................$1,200.00
Maximum .......:................ ........... . ................................. .....................$1,700.00
Public hearing mail notice fees, including cost of handling and
mailingper notice ........................................ .............................................. ................... S 3.50
11. All documents, reports, studies, 'exhibits, 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
59 NW 14th St. Miami, Florida
AND MORE PARTICULARLY DESCRIBED AS:
see attatched lengthy legal
Lot(s)
See atta6K d Exhibit "A"
Block(s)
Subdivision
do(es) respectfully petition and request:
Signature
® AFFIDAVIT is
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADE }
AV
Before me the undersigned authority, this day personally aPPeared 1''uez,
for Bi6 Time Equipmen , Inc.
who being by me first duly sworn, upon oath, deposes and says:
1. That CeXshe is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and docu
and correct.
Further Affiant sayeth not.
ae
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoin instrument wa§ acknowledged before me this 9nd day of r i
19 q jC- ,. by Yl of _
a uk corporation, on behalf of the corporation.
ehe i ersona own me or has produced as identification
and o di did not) take an oath.
C�i ► i A A-0 � , t
TTE
My COMM EW, 4,MW]P61R
Ido. CC791737
flP�*WW (1OyIA
Najhe: —"
Notary Public -State of Florida
Commission No.:
My Commission Expires:
00- 103
OWNER'S LIST
Ov►mer's Name Eugene Rodriguez for
Big Time Equipment,
Inc.
550 Washington Avenue,
Miami Beach, FL
33139
Zip Code
Mailing Address
Telephone Number 305. 672.. 5117
Legal Description: See attached. Exhibit
"A," .
These properties are both refurbished warehouse spaces which.will be
used as production facilities.
Owner's Name
Mailing Address
Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually,
jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address
Legal Description
1334 N. Miami Avenue
1337-9 N. Miami Avenue
Street Address
Legal Description
Legal Description
Street Address
00-
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See attached legal.
addresses: See attached Exhibit "A"
2. Owner(s) of subject real property and percentage of ownership. Now: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
Eugene Rodriguez is the sole owner- of Big Time Equipment, retaining 100%
of the company.
J. Legal description and street address of any real property (a) owne
(b) located within 375 feet of the subject real property.
See attached Exhibit "B"
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
d
The foregoing instrument was acknowledged before me this �FS4k\� day of
19 C6, by 1E y r ri partner (o Sent) on behalf of
a partnership.H She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission N MWM
My Commissio Wow Ew,1ytvm
W cc 7917!700- 11 00W JA
OCA-- I03
IRVEY
50
GRAPHIC SCALE
0 25 50 100
200
( IN FEET )
1 inch = .50 ft.'
I
)0�
I5
I ,
j Exhibit "A..
�I
I -
j LEGAL DESCRIPTION FOR THAT PORTION OF ROAD. TO BE. CLOSED:
N
50 FOOT RIGHT—OF—WAY STRIP LYING BETWEEN BLOCKS 41 AND 42 AND
j ! ADJACENT THERETO, WADDELLS ADDITION, ACCORDING TO THE PLAT
> f THEREOF AS RECORDED. IN PLAT BOOK 53 AT PAGE B OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
O
I LEGAL DESCRIPTION FOR ALLEY TO BE ,CLOSED:
I O 122 FOOT ALLEY 1N BLOCK 41,, WADDELLS ADDITION, ACCORDING TO THE
PLAT ,THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE B OF THE
PUBLIC RECORDS OF DARE COUNTY, FLORIDA.
iI
I HEREBY CERTIFY: That the Legal Description and Sketch shown.
hereon are ,true and correct to the best of
I my knowledge and belief.
1 �
j DELTA SURVEYORS, INC.
i I
15 �.
10
00� Waldo F. Pdez
Registered Land Su ve r
No. 3284
Certificate of Authors at
LB# 3386
State of Florida
�- 103
LEGAL DESCRIPTION Exhibit "B"
&.PORTION OF THE N.1R�4 OF SECTION 36, TOWNSHIP 41 PUTH, RANGE 41 EAST. OF
MIANII DADE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
:LOTS 1, 4, & 9, 9, AND 13, BLOCK 42, OF JOHNSON & WADDELLS ADDI TION, AC-
CORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 53, OF
THE PUBLIC RECORDS OF DARE COUNTY, FLORIDA; AND
LOTS 2, 3, 6, 7, 10, AND 11, BLOCK 41, OF JOHNSON & WADDELL°S ADDITION TO THE
CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B.
PAGE 53, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
TRACT OF LAND LYING IN BLOCK 41, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 2, BLOCK 41, OF JOHNSON &
WADDELL'S ADDITION; THENCE RUN SOUTH 360 FEET; THENCE. RUN EAST 12 FEET,
THENCE RUN NORTH 360 FEET, THENCE RUN WEST 12 FEET, TO THE POINT OF BEGIN-
NING, BEING SHOWN ON THE PLAT OF BLOCK 41, OF JOHNSON & WADDELL'S ADDI-
TION, AS AN ALLEY 12 FEET WIDE, EXTENDING NORTH AND SOUTH T.H.-ROUGH SAID
BLOCK 41; ANT)
LOTS 1, 4, 5, 8, 9, AND 12, BLOCK 41, OF WADDELL'S ADDITION TO TOWN OF MIAMI,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 53, OF
THE PUBLIC RFCORDS OF DADE COUNTY, FLORIDA, LESS THAT PORTION DEEDED
TO THE CITY OF MIAMI FOR STREET OR HIGHWAY PURPOSES, AND
THAT PORTION OF NW MIAIVII COURT AS SHOWN ON THE PLAT OF JOHNSON AND
WADDELL'S ADDITION AS RECORDED IN PLAT BOOK B AT PAGE 53, OF THE PUBLIC
RECORDS OF MIAMI DADE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER BLOCK 42 OF SAID PLAT BOOK B, PAGE 53; THENCE
SOUTH ALONG THE EAST LINE OF SAID PLAT BLOCK 42,360 FEET TO THE SE CORNER
OF SAID BLOCK 42; THENCE EAST 50 FEET TO THE SW CORNER OF BLOCK 41 OF SAID
PLAT BOOK B AT PAGE 53; THENCE NORTH ALONG THE WEST LINE OF SAID BLOCK 41,
360 FEET TO THE NW CORNER OF SAID BLOCK 41;THENCE WEST 50 FEET TO THE
POINT OF BEGINNING.
00- 103
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PETER A. GONZALEZ, P. A.
TriE COt.ONNRAE. 9UrrE 7 1 C
2333 PONc_ DE LEON BDULSVARD
CORAL C.,Am n_s, FL 33 134
April 20, 1999
City of Miami
Hearing Boards Division
444 Southwest Second Avenue, 7th Floor
Miami, FL 33130
z 002
TSL.FPH0KE' 3C,15 -44,7344
364
1'AC a: M: LE : 3C S . 4.44. 744 C
E-MAIL: p29:2W5_0atc.net
OF COUNSEL TO:
ST LOUIS S MARTINEZ, P ,a
Re: Street and Alley Closure Application of Big Time Equipment, Inc.
Dear Building & Zoning Department:
This Opinion of Title letter relates to the application filed by Big Time Equipment, Inc., an
active Florida corporation in good standing (hereinafter referred to as "Owner'% Application for
Closure and Vacation of Public Right -of -Way, in connection with a public right-of-way, and closure
of an alley owned by the Owner referenced above, both properties more specifically described as
follows:
Legal description of street adjoining Owner's property:
That portion of N.W. Miami Court as shown on the Plat of JOHNSON AND
WADDELL'S ADDITION, as recorded in Plat Book B at page 53, of the Public
Records of Miami -Dade County, Florida, more particularly described as follows:
Beginning at the N.E. corner Block 42 of said Plat Book B, Page 53: Thence South
along the East line of said Plat Block 42, 360 feet to the S.E. corner of said Block 42;
thence East 50 feet to the S.W_ corner of Block 41 of said Plat Book B at Page 53;
thence North along the West line of said Block 41, 360 feet to the N.W_ comer of
said Block 41; thence West 50 feet to the point of beginning (hereinafter referred to
as "Street Property");
And,
Legal description of alley formingpart of Owner's vroverty:
Tract of land lying in Block 41, described as follows: Commencing at the Northeast
corner of Lot 2, Block 41, of JOHNSON AND WADDELL'S ADDMON; Thence
run south 360 feet; thence run East 12 feet; thence run North 360 feet; thence run
West 12 feet, to the point of beginning, being shown or. the Plat of Block 41, of
JOHNSON AND WADDELL'S .ADDITION, as an alley 12 feet wide, extending
North and South through said Block 41 (hereinafter referred to as "Alley Property").
00—
au1 4. a'f +nA JV ) 4'*4 l 440
City of Miami
April 20, 1.999
Page 2 of 5
FACTS
It is our understanding that the Owner', intends to replat the following properties into what
will be known as Ice Palace:
Lots 1; 4, 5, 8, 9, 12., and 13, Block 42, 'of JOHNSON AND WADDELL'S
ADDITION, according to the Plat thereof, ass.recorded in Plat Book B, Page' 53, of
the Public Records of Dade County, Florida;
Lots 2, 3, 6, 7, 10, and 11, Block 41, of JOHNSON AND WADDELL'S ADDITION
TO CITY OF MIAMI, according to the Plat thereof; as recorded in Plat Book B. page
53, of the Public Records of Dade County, Florida;
Lots 8., 9, and 12, Block 41, of WADDELLIS ADDTTION TO TOWN OF MIAMI,
according to the Plat thereof, as, recorded in Plat, Book B. Page 53, of the Public
Records of Dade County, Florida, less that portion deeded to the City of Miami for
street or highway purposes, and,
Lots 1, 4, and 5, Block 41, of WADDELL'S ADDITION TO TOWN OF .MIAMI,
according to the Plat thereof, as recorded in Plat Book B, Page 53, of the Public
Records of Dade County, Florida, less that portion deeded to the City of Miami for
street or highway purposes. (see footwte t ?.
We have been advised that an Application for Closure and Vacation of Public Right -of -Way
of Street Property and Ailey Property on behalf of Big Time Equipment, Inc. has been or will be filed
witth the hearing'Board's Division., of the City of Miami and that all documents in conjunction
therewith have been or will be properly filed with said Division.
It is our further understanding that an appropriate hearing wili,be held with reference to such
closure in conjunction with the tentative plat of Ice Palace.
'Lots 1, 4, and 5, of Block 41 is the only portion of the property described above which is not
owned by Big Time Equipment, Inc.; but rather owned 6y Raymond Resnick, a third parry which has
already agreed -and consented to the replat which will be LmoAm as "Ice Palace."
' 103
a./ vv uc aLL�' 1L. Jy A -.A JVJ 4" l *-AU JL.C1L81 10001
City of Miami
April 20, 1999
Page 3 of 5
It is our further understanding that the City of Miami has requested an Opinion as to the
ultimate ownership of the Street Property that is being closed, vacated and abandoned and the Ucv
Property that is being closed as a result of such Application for Closure and Vacation of Public
Right -of -Way and meplatting of the total property.
We have reviewed the Plat that originally committed the portions of the Public Right-of-Wav
question, as well as the Florida Statutes, and determined the following:
We have examined the Plat of Johnson and Waddell's Addition, recorded 'm Plat Book B,
Page 53, Public Records of Miami -Dade County, Florida On its face this Plat contains no reference
whatsoever to any dedication, ordinance or deed to the City of Miami or other municipality, the
County or unincorporated area, in connection with the Street Property and/or Alley Property. The
original Plat is silent in this regard. Notwithstanding this lack of reference to any dedication. the
Street Property and Alley Property may have a presumptive dedication to the public pursuant to
Section 177.081, Florida Statutes.
Section 177.081(3), Florida Statutes, states as follows:
"When a tract or parcel of land has been subdivided and a plat thereof bearing the
dedication executed In the owners of record and mortgagees having a record interest
in the lands subdivided, and when the approval of the governing body has been
secured and recorded in compliance with this part, all streets. allevs. easements,
rights-of-way, and public areas shorn on such plat, unless otherwise stated, shall
be deemed to have been dedicated to the public for the uses and purposes thereon
stated. However, nothing herein shall be construed as creating an obligation upon any
governing body to perform any act of construction or maintenance within such
dedicated areas except when the obligation is voluntarily assumed by the governing
body." (ltalies added).
We have also reviewed Section 177.085 of the Florida Statutes which states as follows:
"When any owner of land subdivides the land and dedicates streets, other roadways,
alleys or similar strips on the trap or plat, and the dedication contains a provision that
the mversionary interest in the street, roadway, alley or other similar strip is reserved
unto the dedicator or his or her heirs, successors. assigns, or legal representative, or
similar language, and thereafter conveys abutting lots or tracts, the conveyance shall
carry the reversionary interest in the abutting street to the center line or other
appropriate boundary, unless the owner clearly provides otherwise in the
conveyance."
LAW OFFICES OF PETER A. GONZALEZ. P.A.
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1) y•!i
3LAX21
ME]
City of Miami
April 20, 1999
Page 4of5
With respect to the Alley Property, we have conducted a complete title search and examined
the chain sof title and, specifically; we have reviewed the various deeds recorded over the past 47
years relative to the Alley Property. We have further examined a Warranty Deed executed on
February 12, 1998, between Jon-Waddy.Corp., a Florida corporation (grantor/seller), and Big Time
Equipment, Inc., a Florida corporation (granteerbuyer).. Said Warranty Deed watt properly recorded
in Official, Records Book 17980, Page, 0031, recorded -on February 13, 1998, transferring to Sig Tine
Equipment, Inc. all'of the property referred to herein as'Alley Property. the legal description of which
is provided above.
OPTNTON
Based on the presumption that proper and appropriate steps have been or will be taken to
close, vacate and otherwise abandon the Street .Property, it is our opinion chat by virtue of the
conditions set forth in the Plat and Statutes set forth above, the -Street Property, if closed, vacated and .
abandoned, will become the, property of the abutting land owmers to the centerline or each side. The
abutting land owners are one in the same, Big Time Equipment, Inc. Since the same O%mcr owns
all twelve lots2 and the abutting.land,'that ownership by virtue of the closing. vacating and
abandonment of the public right-of-way or Street Property adjoining the respective Tots; will place
title to the Street Property in the abutting land owners, namely Big Time Equipment, ?nc.
With respect to the reversionary rights relative to the proposed vacation and closure of the
Street Property, it is our opinion that with respect to those parties having reversionary r ehts being
the surrounding property owners of the subject Street Property to be vacated and closed. the only
parry holding such reversionary rights relative to all the property except Lots 1. 4, and 5, of Block
41, for which consent to the replat has already been obtained. is Big Time Equipment_ Inc., a .- lorida
corporation. Such opinion is based upon Florida Statutes, Section 177.085, which is set foTff ab,%ve.
Futtbcrmorc, based on, the samepresumpdon noted above. and our title examination, chain
of title, review or the carious recorded deeds, including the above-described Warranty Deed r=,rded
on February 13. 1998, it is our opinion that theAlley Property is entirely the property of Big ""ime
Equipment, Inc., and wi11 remain the property of this. Owner once consent is eranted by the City of
Miami to close it. The closure of the Allcy Property will not in any manner inhibit the ingress and
egress to the, adjacent property .as the adjacent property does not use the Alley Property for such
`
The. -Street Property", (N.W. North Miami Coun' from N.W. ' 14th Street to N.W. 15th
Street) is abutted on -the Voest by Lots 1, 4. 5, 8, 9, and 13, Block 42, and on the East by Lots 2.. 3.
b, 7, 10, and 11. Block 41, all of JOHNSON AND WADDELL'S ADDITION. according to the Plat
thereof, as'recorded in Plat -Book B; Page 53, of the Public Records of Miami -Dade County, Florid..
All twelve lots are owned by Big Time Equipment, lac.
LAW OFFICES OF PETER A. GONZALEZ. A.
U05
JVJ y4! 1 J1.K91
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City of Miami
April 20, 1999
Page 5 of 5
purposes. N.W. 15th Street and North Miami Avenue provide the existing access to the adjacent
property. in addition, there is no benefit (public or private) in not allowing the closure of the Allcy
Property.
1, the undersigned, certify that I am an attorney at law admitted to practice law in the State
of Florida, and a member in good standing of The Florida Bar.
Respectfully submitted,
LAW OFFICES OF PETER A. GONZALEZ, P.A.
Peter A. �onz3fez-s �r,J
The Colonnade, Suite 710
2333 Ponce De Leon Boulevard
Coral Gables, Florida 33134
LAW OFFICES OF PETER A. GONZALEZ, P. A.
11/18/99 IMT 13:36 FAX 305 444 T446
IMl.GEG1 FL -99-151624-Z 11/16/1999 12:34:19pm
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