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HomeMy WebLinkAboutR-00-0567J-00-294 5/9/00 RESOLUTION NO. 00— 567 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 4TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHWEST 1ST AVENUE, 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 March 6, 2000, Item No. 6, duly adopted Resolution No. ZB-2000-0284 by a nine to zero (9-0) 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 not affect 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-way 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 TTA C§§ p A CITY COMOSSIOM MEETING 01F J U N 2 9 2000 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 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, being the portion of Northwest 4th Street between North Miami Avenue and Northwest 1st Avenue, Miami, Florida, as more particularly described in Exhibit "A", attached hereto and made a part hereof, is hereby 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 _ 7 PASSED AND ADOPTED this 29th- day of ATTEST: • une , 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate ap;3roval of this legislation by signing it in the designated place provided, Said legislat*," now becomes effective with the elapse of ten (10) days he date of Ccr;�' � :tion regarding same, without the Mayor ex�rpisinO o WALTER J. FOEMAN CITY CLERK APPROVED VDRjVqIL. ATTORNEY 4278:YMT:eij RRECTNESS :el Page 3 of 3 J. Fob Clerk . . • 0 "Exhibit A" 0 WEIDENER SURVEYING & MAPPING, P.A. 10418 NW 31 TERRACE MIAMI, FLORIDA 33172 7 Dteember 1999 LEGAL DESCRIPTION NW 4th STREET (VACATE, DISCONTINUE) A PORTION OF LAND LYING AND BEING BETWEEN BI OCK 77`x' AND BLOCK 86N BETWEEN NW. 1st AVENUE (AVENUE "E" AS PER PLAT) ii 4D NORTH MIAMI AVENUE (AVENUE "C" AS PER PLAT) AS SHOWN AND RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE' PUBLIC RECORDS OF DADE COUNTY, FLORIDr*�. ALSO KNOWN AS NW 4th STREET, BEING A PART OF SECTION 37, THE JAMES HAOAN DONATION TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI DADE COUNTY, Fl ,ORID A. COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 77i'sT AS REC ORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF DADE. COUNTY, FLORIDA. SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE V.'ITH AN EXTENDED LINE OF THE EAST BOUNDARY LINE OF BLOCK 77N WIT 4 A REARING OF S00°00'16"W FOR 50.00 FEET TO A POINT, BEING THE NORTHEAST CORNER OF BLOCK 86N AS RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE ALONG TO THE NORTH LINE OF SAIL) BLOCK 86N WITH A BEARING OF S89056'53"W FOR 450.54 FEET TO A POINT, BEING THE NORTHWEST CORNER OF SAID BLOCK 86N; THENCE NO9 d0014211W FOR 50.00 FEE; TO A POINT, BEING THE SOUTHWEST CORNER OF BLOCK i7N; THENCE N89°56'53"E ALONG TO THE SOUTH LINE OF BLOCK 77N FOR 450.55 FEET TO THF, POINT GF BEGINNING.CONTAINING 22,526 SQUARE FEET OR 0.52 At -RES MORE OR -LESS. WEIDENER SURVEY11:`G & !AAP_ P1NGj A. FL Cert. No. LB 4207 " Scott D. Masciantoni, PSV: FL Cert. No. 5918 Note: Please refer to Tentative Plat "Federal courthouse" for Graphically Representation of iae buve egal description perfor m.d i !/%, IQ Q0 5-7 ZONING FACT SHEET PZ -4' . Case Number: 2000-0310 06 -Mar -00 Item No: 1 6 Location: Approx.NW 4 St. between North Miami Ave & NW 1 Ave Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: U.S. Government Michael E. Roper 401 West Peachtree St. #2500 401 West Peachtree St. #2500 Atlanta, GA 30365 App. Ph: (404) 331-0895 Zoning: CBD Central Business District Atlanta, GA 30365 Rep. Ph: (404) 331-0895 ext Rep. Fa (_j _ ext Request: Official vacation and closure of a public right of way, being the portion of NW 4 Street between North Miami Avenue & NW 1 Avenue. Purpose: This will allow the construction of a new federal courthouse. Recommendations: Planning Department: Public Works: Please see attached Analysis Plat and Street Committee: Please see attached Analysis 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 2000-0284 Zoning Board: Recommended approval to City Commission. Vote: 9-0 City Commission: Continued from CC 5/25/00. PUBLIC WORDS ANALYSIS FOR Approx. NW 4" Street Between North Miami Avenue And NW 1" Avenue The Public Works Department and the Plat and Street. Committee have studied the proposed closure and vacation NW 4' Street between N. Miami Avenue and NW 1" Avenue and determined that the closure of this Street 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. This street is not part of the critical pedestrian and vehicular transportation network for the neighborhood. The Plat and Street Committee has reviewed the tentative plat of "Federal Courthouse" and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of this street 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 as part of the application process. Based on the criteria contained in the Subdivision Regulations of the City Code, the Public Works Department and the Plat and Street Committee recommended approval of this street closure and vacation request. 00-- 567 I CITag Jaf t�xxrtt op. IA,NIES I. KAY. P.E Dirtx tor neu. unn _' ` r•r�'t�l October 13, 1999 Mr. Michael E. Roper c/o U.S. General Services Administration 401 W. Peachtree Street, NW Atlanta, GA 30365-2550 Ladies and Gentlemen: FEDERAL COURTHOUSE NEW TENTATIVE PLAT #103 DONALD 11. 1%'ARSHA%k Cih manager The City of Miami Plat and Street Committee, at its meeting of October 7, 1999, 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. Reference the plat of Map of Miami, Dade County, Florida, as Miami. 2. Reference the plat property as lying in Section 37, The James Hagan Donation, Of Township 54 South. 3. Describe the expressed purpose as an expressed purpose. Delete reference to dedication of public right-of-way and describe that portion of NW 4 Street to be closed and vacated. 4. Reference the plat of Miami as recorded in the'Public Records of Dade County. 5. In the location sketch, show underlying legal descriptions for the subject property and for the adjacent properties. 6.. In the location sketch, heavy -up Zoning district lines. 7. Label the vicinity map as the location sketch. 8. Showthe proposed plat name at the location sketch. 9. In Note #6, reference zoning as being in accordance with City of Miami Zoning Ordinance 11000, as amended. 10. In Note #5, provide Miami -Dade County flood criteria in addition to FEMA criteria. 11. A 5 -foot right-of-way dedication along North Miami Avenue and dedication of 25 -foot radii at the southwest and southeast corners of the proposed plat is required. Provide square footage areas. 0- 567 DEPARTMENT OF PUBLIC WORKS /444 S.W, 2nd Avenue/Miami, Florida 33130/(3051416-1200/Fa.•416-2153 Mailing Address: P.O. Box 3.1n7O8 Mlami. Florida 33233-0708 Mr. Michael E. Roper FEDERAL COURTHOUSE -NEW TENTATIVE PLAT #1553 October 13, 1999 Page two 12.,Reference the right-of-way width of Northwest 1 Avenue as being 70 feet in width. 13. Will the :easement for the Downtown People Mover become a platted easement or an easement by separate instrument? The limits of the easement will have to be adjusted .because the foundations of the two columns encroach beyond the limits of the easement. A letter of approval from Miami -Dade County is required in connection with this easement. 14. An opinion of title as to reversionary rights for the right-of-way (Northwest 4 Street) 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 owner, having an interest in the right-of-way to be closed and vacated. A copy of the opinion must be provided to the Public Works Department. 15. A sketch and legal description, with square footage, for the proposed street closure will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the Hearing Boards, at 305-416-2030. A copy of the sketch and legal description must be provided to the Public works Department. 16. Label what type of easement will be provided in connection with the vacation and closure of Northwest 4'Street. * Dimension the width of the easement. 17. Label how the proposed plat is to be 'configured - lots or tracts? Provide square footage areas for lots or square footage and acreage areas for tracts. 1.8. Provide curve data for proposed radii at the southwest and southeast corners of the proposed plat. 19. Contact the Supervisor of Plats, James J. Kay, to request a covenant to temporarily postpone dedication of right-of-way along South Miami Avenue until the existing buildings are demolished. .20. The City of Miami will need an updated Certificate of Appointment for Michael E. Roper. The one provided is dated June 30, 1987. 21. The opinion of title, under Special Exception No. 13, references a. Covenant to Run with the Land. Provide a copy of this covenant. 22. The opinion of title, under Special Exception No. 14, references a Tease agreement. Who is leasing the subject property of Lots 23 and 24 of Block 86 N? Verify with the City's Law Department if the lessee is required to execute the final plat. Backup documentation will be required, for the lessee if the lessee is required to execute the final plat. 23. Install. one standard City of Miami fire hydrant on the existing 12 -inch watermain on the proposed closed portion of Northwest 4 Street. Mr. Michael E. Roper FEDERAL COURTHOUSE -NEW TENTATIVE PLAT #1553 October 13, 1999 Page three 24. The City's Fire -Rescue Department will require an emergency access lane along the closed portion of Northwest 4 Street. Coordinate the description and location of the access lane with the Fire -Rescue Department. The emergency access lane may also be designated as a utility easement. 25. Install one standard City of Miami fire hydrant on the new 12 -inch watermain extension required by Miami -Dade Water and Sewer Department along Northwest 5 Street. 26. Show a heavy line on the boundary of the plat limits. 27. The Plat and Street Committee, in viewing the request to close and vacate Northwest 4 Street between North Miami Avenue and Northwest 1 Avenue, has considered the public interest requirements found in Chapter 55 of the Miami City Code. These requirements having been met, the Plat and Street Committee recommends approval of the vacation and closure of the said portion of Northwest 4 Street. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights-of-way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. Mr. Michael E. Roper FEDERAL COURTHOUSE -NEW TENTATIVE PLAT #1553 October 13, 1999 Page four If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, James J. K y, P.E. Chairman, Plat and Street Committee JJK/rjf Enclosure: Contact Sheet c.. Weidener Surveying and Mapping P.A. 10418 NW 31 Terrace Miami, FL 33172 Members of the Plat and Street. Committee bc:. Surveys Civil Central Miami Zoning Board Resolution: ZB 2000-0284 Monday, March 06, 2000 Mr. Ricardo D. Ruiz offered.the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN 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 4TH STREET BETWEEN NORTH MIAMI AVENUE AND NW 1ST AVENUE, LEGALLY DESCRIBED AS A PORTION OF LAND LYING AND BEING BETWEEN BLOCK 77N AND BLOCK 86N BETWEEN NW 1ST AVENUE (AVENUE "E" AS PER PLAT) AND NORTH MIAMI AVENUE (AVENUE "C" AS PER PLAT) (B-41), ALSO KNOWN AS NW 4TH STREET, BEING A PART OF SECTION 37, THE JAMES HAGAN DONATION TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI-DADE COUNTY, FLORIDA, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED CBD CENTRAL BUSINESS DISTRICT. Upon being seconded by Mr. Juvenal Pina, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Mr. Osvaldo Moran-Ribeaux Mr. George Barket Mr. Ricardo D. Ruiz Ms. Ileana Hernandez -Acosta Ms. Gloria M. Basila Mr. Georges Williams, Mr. Humberto J. Pellon Mr. Fidel A. Perez Mr. Juvenal Pina Ms. Fernandez: Motion carries 9-0 Yes Yes Yes Yes Yes Yes Yes Null Yes Yes AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 1 ABSENTS: 0 Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2000-0310 Item Nbr: U 567 1 a 1 7 1 a 1 a 1• 1 3 1 z 11 w• 1 . ) 2 I I,} Iilis� i{ :7.{e I, �I J f � I I f J IlJlil 11J ST a r• s I a 7 x 1 1 �•� a I., s I x f 1 1311•IIs la 171• HI10 1 e 9 10 11111 i - 5T-- aiItIal3 I2. t • e • ]Ix 1• T. 1s to Ir I• s z a a s ro 1 lez u1 JMI .l?�4:1 ?1,9 I f N.E r TRACT '9' Ii IJ Ia 1. I ]Ie 11 1 TZACT EAE 1 13 1. IIIsi {I1�o I7 Is I is )I� ral f I I 1 I I 1 71a17f11]I=Ili i N 74rN 11 1• 17 16 1, 1. lb 4 2 S 0 .. Q � 7 • S/ 3 x 1 N TRACT "B" }11. talo 17 1• la x0 N.W. I ST. 6! 4 x1 3 N. 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I .." 567 0 CITY OF NUAM* 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), LOCATEi; AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. 1, MICHAEL E.' ROPER§ United States Amerifilreb, 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: I . 22,526 total square feet. 2. Folio number: NONE 11 Block of NW 4th Street between Blk 77N and 86N .3. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. Legal Description Attached : Weidener Surveying Survey Attached,12-02-1999 4. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached to application). Surveyor's. certified Legal Description Attached 5. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered by the application. Florida Real Estate Decisions documents attached 6. At least two photographs that show the entire properly (land and improvements). 2 Photos attached 7. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. NONE, since this is Owned by Miami -Dade County (NW 4th StreetROW) 8. Attach Opinion of Title (note: an update shall be required if more than 3 months elapse before Zoning Board or City Commission approval). Opinion of Title Attached 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). Architect's Concept Site Plan of New US Courthouse Attached. Copy of Michael E. Roper's Contracting Officer, R4140 6-30-87 Attached TiNTTFn eTwPRS op MFRTC'A -- --i 5 6'7 • 10. Fee of : S900.00 to apply toward cost of processing, according to Section 62=156 of the City of Miami Zoning ordinance: (Section 62-156, B ie.Govt. entities Max Fee) Vacation of Public Right=of-Way: (a) Original Submittal $ (b) Re -submittal: Maximum $ Public Hearing mail notice fees, including cost of handling and mailing per Notice Total (MAX) Cost $900.00 . 1 L ;All documents, reports, studies, exhibits, or o6mvritten or graphic materials, if any to be used by the applicant in support of the application shallbe submitted with and be part of this application: ie. MIAM IIS Courthouse CONCEPT SITE PLAN The undersigned, being the Owner's duly designated representative, as a Contracting Officer of the United States of America, the Owner of adjacent properties surrounding the subject parcel slated for vacation & closure, of the property located between Blocks 77N and 86N, AND MORE PARTICULARLY DESCRIBED AS: ONE BLOCK OF NW 4'h Street laving between. and being situated in Miami Dade County Florida, does respectfully petition and request:' the Vacation and Closure of the subject one block section of NW 4* Street, located in Miami- Dade County, withpromp and due s. Signature: Name: 10ichael E. Roper, Co#tracti6g Officer, Agent for The UNITED STATEF OF APAERIcA Address: IIS GENERAL SERVICES ADMINISTRATION SOUTHEAST SUNBELT REGION - 4 401 W. Peachtree Street, NW, Suite 2500, Mail Stop. (4PCB) ATLANTA, GA 30365-2550 Telephone: (404)-331-0895 Date: STATE OF GEORGIA COUNTY OF FULTON The forgoing instrument was acknowledged before me this �day of 1999 By Michael E. Roper Contracting Officer of the United States of America, and personally known (� ), or who produced as identification, and who . did (did not) take an oath .. �p - - Name: F_ Notary Seal Notary Public: ' r `nr, Genrw �'` ..v. �. _.s... Commission Numbei: 4' My Commission Expires: CITY OF MIAMI OFFICE OF HEARING BOARDS PAGE 3 / 3 ATTACHMENTS LIST: 3) Two (2) Copies of Map of NW 4h Street Subject to Vacation & Closure 4) CERTIFIED ADJACENT OWNERSHIP LIST REQUIREMENT: - Florida Certification Letter from Real Estate Decisions, Inc. attached - Certified List of Adjacent Owner's with 375 Feet of Subject Property (NW 4's Street) attached: - Adjacent Property Owner's with 375 feet radius "Map" Attached - Mailing Matrix Attached 4) Surveyor's Certified Sealed Legal Description Attached 6) Two(2) Photos of subject part of NW 4`s Street subject to Vacation & Closure 7) Property Currently Owned by Miami -Dade County Florida (NW O Street ROW) OWNERSHIP AS TO REVERSIONARY RIGHTS: 8) Opinion of Title as to Reversionary Rights for NW 4h Street subject area 9) Concept Phase Design `Site Plan' of proposed US Courthouse Miami, FL For Security the planned new US Courthouse will located to occupy both Blocks 77N & 86N in Miami -Dade County and span over the NW 4'' Street ROW. 9) Copy of Michael E. Roper's CONTRACTING OFFICER Certificate R4140, dated 6-30-87, attached. AFFIDAVIT STATE OF FLORIDA } )SS COUNTY OF MAMI-DADE } Before me, the undersigned authority, this day personally appeared Michael E. Roper who being by me first duly sworn, upon oath, deposes and"says: I. That he/she is the owner, or the legal representative of the owner,;submitting the- accompanying application for a public hearing as required by the Zoning Ordinance 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 apart of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant's Signature Mic ael E. Roper STATE OFFLORIDA for U.S. General ervi s Administration COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7th day of . January 2000 ,by Michael E. Roper of U.S. General Services Administration a Federal Government Aaencv corporation, on behalf of the corporation. He/She is personally known tome or has produced Driver's License# GA 057294778 as identification and who did (did not) take an oath. P,•�w� anessa caswb Narn Vanessa illo Vanessa . * *y commission ccess,s� Notary Public -State of Florida N �,r, J* 1,i, 2W3 Commission No.: CC853181 My Commission Expires: July 11, 2003 • OWNER'S LIST Owner's Name ----U.-S.• Government c/o_ Michael E. Roper for U.S. General ServicessAdministrzz Mailing Address .401 West Peachtree Street Ste 2500 Atlanta, GA Zip Code 3036S Telephone Number 404-331-0893 Legal Description: See "Exhibit A" Owner's Name Mailing Address Zip Code Telephow Number Legal. Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate pmpersy awned individually, jointly, or sev=4 (by ro Vwuk n, pwmrship or privately) within 375 feet of the subject site is listed as follows: Street Address s Us Post Office - Court House (old) 300 DiL 3'A '."Fed. Justice Center, Tract -A Strew Address 0 401 N Miami Ave. US Courthouse Annex Federal Justice Center- Ct: -Annex TRACT - A Miami, PL Blk N Street AddressdS o All of Block 77N a All of Block 86N 4 01-4137-040-ina 300 M 1 Ave. Fed. Justice Ceter - A PB 145-45 RR A Lot 3.334 AC M�L T-18305 FIXID 01 -0108 -0 -m --ion 0 M-4137-040-00550 F@deral Justice Gntr. "i PB 145-45 T-18305 ..1'R E Lot StAe 314 F I A j U 01-0107-080-1050 thru 111.0- 1250 and 1160 L"al DenrotionS • Block 77N Block 86N All 0J0— 6t� 2: Owna{s) ofsub}est real praperty and wage of ow==*. Now Seatioa 2-518 of the Code of the City of Miami inquires aiselosm of all pasties having a financial i Wes- either disco or k direct, in the subj= matter of a prese�adm rcguest or petition to the City Cammiss m Acewdingly, question #2 requites disclosure of shareholdm of corporations, beneficiaries ofd, andler any oilier interested parties, w5ether with their addresses . sad grevaitionato intermit „ U.S. Government c/o. General Services Administration 1002 3- Legal dewiption and sueet address of any seat grope M (a) owned by any Pati' 16vmd in answer to Question #2, and (b) located within 375 fast of the subj=t real ptopaty. ® US POST OFFICE — Court House (old) 300 NE 2 Ave. Miami, FL Federal:Justice Center Tract — A Block 85N s US Courthouse Armex; 401 N. Miami Ave. Federal Justice Center — Tract A Blk Owner or AtLotney f 85N, Miami, FL Michael E. Roper &All Blocks 77N + 86N. STATE OF FLORIDA COUNTY OF KAbG-DADS The foregoing atssrumas was aeknow1cfted before we Ibis 7th doy of _ January 2U00,by Michael E.Ro2jr of U.S. General Services Adminictratlan a Federal Government Aee cv coepon =W6 on behalf oftbe eorpastion. He/She is,DqsonsJly known to me. orhas produced Driver' 9 License# G8 057299778 as ideatifmtion and wh did take an oath. Natna Vanessa castille Commi3sion No.:. CC833181 Sal My C=mimdon Expb= July l1. 2.0O3 ads ft. loon "Exhibit A" WEIDENER SURVEYING & MAPPING, P.A. 10418 NW 31 TERRACE MIAMI, FLOREDA 33172 7 December 1999 LEGAL DESCRIPTION NW 46 STREET (VACATE, DISCONTINUE) A PORTION OF LAND LYING AND BEING BETWEEN BI OCK 77N AND BLOCK 86N BETWEEN NW. 1st AVENUE (AVENUE "E" AS PER PLAT) ,,VND NORTH MIAMI AVENUE (AVENUE "C" AS PER PLAT) AS SHOWN AND RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDrt. ALSO KNOWN AS NW 4th STREET, BEING A PART OF SECTION 37, THE JAMES HA&AN DONATION TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI DADE COUNTY, FLORID A. COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 77N AS RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID CORNER ALSO BEING THE POINT OF BEGINNING; T7iEN CE WITH AN EXTENDED LINE OF THE EAST BOUNDARY LINE OF BLOCK 77N WITH A BEARING OF S00°00'16"W FOR 50.00 FEET TO A POINT, BEING THE NORTHEAST CORNER OF BLOCK 86N AS RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE ALONG TO THE NORTH LINE OF SAID BLOCK 86N WITH A BEARING OF S89056'53"W FOR 450.54 FEET TO A POINT, BEING THE NORTHWEST CORNER OF SAID BLOCK 86N; THENCE N00r d0014211W FOR 50.00 FEE; TO A POINT, BEING THE SOUTHWEST CORNER OF BLOCK. '17N; THENCE N8905653"E ALONG TO THE SOUTH LINE OF BLOCK 77N FOR 450.55 FEET TO TIDE POINT OF BEGINNING -CONTAINING 22,526 SQUARE.FEET OR 0.52 A( -;RES MORE`OR:LLSS. WEIDENER URVEYIt �G:& -rv1A_ PING, -F. A. FL Cert. No. LB 4207 Scott D. Masciantoni, PSV; FL Cert. No. 5918 Note: Please refer to Tentative Plat "Federal courthouse" for Graphically Representation of:ae buve egal description performed i ;17, A. 0 57 n Opinion of Title To: CITY OF MIAMI, a municipal corporation 0 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 final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined the policies of title insurance, together with updates for each policy, issued by Fidelity National Title Insurance Company of New York (collectively, the "Policies"), all as described in Exhibit "A" attached hereto, completely covering the period from the beginning to October 17, 1999, at 2:30 p.m., inclusive, of the following described property (the "Property"): LOTS 1 THROUGH 9 AND 16 THROUGH 24 OF BLOCK 77N, LESS THE NORTH 10 FEET THEREOF, OF THE MAP OF MIAMI, DADE COUNTY, FLA AS RECORDED IN PLAT BOOK B, PAGE 4I OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING 130,691 SQUARE FEET OR 3.000 f ACRES. AND LOTS 1 THROUGH 9 AND 17 THROUGH 24 OF BLOCK 86N, OF THE MAP OF MIAMI, DADE COUNTY, FLA AS RECORDED IN PLAT BOOK B, PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING 127,651 SQUARE FEET OR 2.931 t ACRES. AN D LOTS 7 THROUGH 12 OF SUBDIVISION OF LOT 16, BLOCK 86N AND LOT 9, BLOCK 97N AS RECORDED IN PLAT BOOK 3 AT PAGE 121 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING 7,500 SQUARE FEET OR 0.170 t ACRES. Basing our opinion solely on our reviexv of said Policies covering said period and the Surveyor's Affidavit attached as Exhibit `B", we are of the opinion that on the last mentioned date the fee simple title to the Property was vested in: UNITED STATES OF AMERICA Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: All taxes for the year in which this opinion is rendered and subsequent years. 4630/30771-009 BRLIBI/246514 v4 12/17/99 0,�3:11 PM (2742) 2.. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. 6. Terms and conditions of existing unrecorded Leases and all rights thereunder of the Lessees and of any person claiming by, through or under the Leases 7. Roads, ways, streams or easements, if any, not shown of record, riparian rights and the title to any filled-in lands. SPECIAL EXCEPTIONS: 8. Holder of Mortgage: None. 9. All resolutions listed in Schedule B of each of the foregoing Policies. 10. .Restrictions and easements (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion; sex, handicap; familial status or national origin), contained in Plat Book B, at page 41 of the P,ublic Records of Miami -Dade County, Florida. (Affecting Blocks 77N and 86N) 11. Restrictions and easements (deleting therefrom any restrictions indicating any preference, limitation pr discrimination based on race, color, religion, sex, handicap, familial status or national origin), contained in Plat Book 2, at page 61 of the Public Records of Miami -Dade County, Florida. (Affecting lots l-7 and 16-24 of.Block 86 and lots .1-3 and 21-24 of Block 77N) 12. Restrictions and easements (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), contained in Plat Book 3, at page 121 of the Public Records of Miami -Dade County, Florida. (Affecting lots 1-7 and 16-24 of Block 86 and lots 1-3 and 21-24 of Block 77N) 13. Covenant to run with the land as recorded in Official Records Book 12018, at page 2721, of the Public Records of Miami -Dade County, Florida. (Affecting lots 1-7 and 16-24 of Block 86N and lots 1-3 and 21-24 of Block 77N) 14. Lease Agreement as recorded in Official Records Book 1299, at page 497, and in Official Records Book 1370, at page 352, of the Public Records of Miami -Dade County, Florida. (Affecting lots 23 and 24 of Block 86N) With respect to the reversionary rights relative to the proposed vacation and closure of certain roadways located on or adjacent to the Property, and specifically that portion of N.W. 4`h Streets 4630/30771-009. BRUB1/246514 v4 12/17/99 03:11 PM (2742) 0� ut1 described in Exhibit "C" attached hereto and made a part hereof, it is the opinion of the undersigned that with respect to those parties having reversionary rights being the surrounding property owners of the subject roadways to be vacated and closed, the only party holding such reversionary rights is United States of America. Such opinion is based solely upon Florida Statutes § 177.085, a copy of which is attached hereto as Exhibit "D" and made a part hereof. No fact has come to our attention which would cause us to have a contrary conclusion. Therefore, it is our opinion that the following parties must join in the platting of the Property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the Property, the subdivision thereof to be known as FEDERAL COURTHOUSE: Special Exception Name Interest Number United States of America 100% N/A I, the undersigned, further certify that we are Attorneys at Law duly admitted to practice in the State of Florida, and are members in good standing of the Florida Bar. Respectfully submitted this 07day of December 1999. 4630/30771-009 BRLIBI/246514 v4 PROSKAUER ROSE LLP d4, By: Christopher C. Wheeler Proskauer Rose LLP 2255 Glades Road, Suite 340W Boca Raton, Florida 33431 12/17/99 03:11 PM (2742) EXHIBIT "A" Y Copies of Policy and Update Jacket Date of Updated Title Vested Attached as Policy No. Policy Thru Block(s) Lot(s) In Exhibit 26-75-91-1202 11/26/97 @ 10/17/99 @ 77N 4 United States A-1 4:26 PM 2:30 PM of America 26-75-914204 11/26/97 @ 10/17/99 @ 77N 5-'8' United States A-2 4:26 PM 2:30 PM and of America 16-20 26-75-91-1203 11/26/97 @ 10/17/99 @ 77N 9 United States A-3 4:26 PM 2:30 PM of America 26-75-91-1302 6/24/98 @ 10/17/99 @ 86N 1-7' United. States A-4 11:30 AM 2:30 PM and of America 16-24 and 77N 1-3 United States and of America 21-24 26-75-91-1205 12/9/98 @ 10/17/99 a 86N 8-9 United States A-5 11:39 AM 2:30 PM of America 26-75-91-1301 6/24/98 @ 10/17/99.@ 86N 23 United States A-6 11:30. AM 2:30 PM and of America 24 Y is 'rt"fttr�ttr fo rnt Under authority vested in the undersigned and in conformance with Subpart 1.6 of the Federal Acquisition Regulation MICHAEL E. ROPER Is appointed Aiitr�trfin wumer for the 011* HIM Otates of A - ira Unt- mrr Subject to the limitations contained in the Federal Acquisition Regulation and to the following: the award and adn.cn 6tnation of agneementa without dottan t and tat i.on bon te"u, teaaa attenatione and cite and/on bu-ii?.di.ng acquisition. Unless sooner terminated, this appointment is effective as long as the appointee is assigned to: NSN7540-01-152-5616 1402-101 Pubt i.c Bindings Senv.ice, Region 4 Rea,[? Mate Division a�uza n I June 30, 1987 R4140 P8067- o. STANDARD FORM 1402 (10-63) KeWbed by GSA FAR (46 CFR) 53.201-1 EXHIBIT "A -I" 00- - 567 fi ;* U.S. GENERAL SERVICES ADMINISTRATION jf- Southeast Sunbelt Region January 10, 2000 CITY OF MIAMI OFFICE OF HEARING BOARDS & CITY ATTORNEY 444 SW 2nd Avenue, 7v' Floor Miami, FL 33131 Subject: Michael E. Roper's Authority to Act for the US General Services Administration for The United States of America: Application For Official Vacation And Closure Of A Public Right -Of - Way US Courthouse, Miami, FL GSA Project No.: NFL -97001 Gentlepersons: Mr. Michael E. Roper as Project Executive on the U.S. Courthouse, Miami, Florida project is The United States of America's duly authorized agent to act accordingly to perform the duties associated with the site location and acquisition and purchase, as well as for any needed road closings, zoning and platting applications, which all fall under Mr. Roper's Contracting Officer Warrant for "Site Acquisition" related efforts and tasks. Furthermore, nothing in the current Federal Acquisition Regulations prevents Mr. Michael E. Roper from making the Application to the City of Miami, Florida for the closing of the one block section of NW 4th Street. Also, Mr. Roper is personally known to me, and is an employee of the U.S. General Services Administration,Southeast Sunbelt Region, Public Buildings Service. The subject Application to the Zoning Board, for recommendation to the City Council of Miami, Florida for action, that was submitted to your office on January 7, 2000 by Mr. Michael E. Roper, Contracting Officer, Project Executive, in person, is under Mr. Roper's Contracting Officer's Warrant, Certificate of Appointment, dated June 30, 1987 and Numbered "R4140". (A Copy of Mr. Roper's Certificate of Appointment was previously provided with the subject Zoning Application on 1-7-2000) 401 West Peachtree Street, Atlanta, GA 30365-2550 Federal Recycling Program %*4 Printed on Recycled Paper Page 2 of 2 January 10, 2000 Letter to: CITY OF NIIA H OFFICE OF HEARING BOARDS & CITY ATTORNEY I hope this aidsyou in moving forward, on schedule, with the subject pending Application for the closing of the one block section of NW 4t' Street between Blocks 77N and 86N in downtown Miami, Florida. If I can be of further assistance, I may be reached on (404) 331-5105. Sincerely, Laurence Harrington, Region KouneI US General Services Administration, Southeast Sunbelt Region Atlanta, Georgia CC:. Michael E. Roper, Contracting Officer, Project Executive, (4PCB), Atl., GA Arlene Weintraub; City. of Miami, FL Terry Fuquea, Senior Project Manager, (4PCB), Atl., GA George Eaves, P.M. Assistant, Architect, (4PCB), Atl., GA Gabe Steinberg, Attorney, (4L), Atlanta, GA