HomeMy WebLinkAboutR-00-0573J-00-506
5/31/00
RESOLUTION NO. o o r 7 3
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF A PUBLIC UTILITY EASEMENT,
BEING. THE PORTION OF A TEN FOOT UTILITY
EASEMENT LOCATED ON THE NORTHEAST CORNER OF
,THE INTERSECTION OF CORAL WAY AND CORAL GATE
DRIVE, AS MORE. PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND MADE A PART
HEREOF.
WHEREAS, the Miami Zoning Board at its meeting of
May 15, 2000, Item No. 5, duly adopted Resolution
No. ZB 2000 0309 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 public
utility easement 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
-7 t)
CITY COMISSION
MEETING OF
J U N 2 9 2000
1 ®5 7; .."'
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 public utility easement 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 a public utility easement,
being the portion of a ten foot utility easement located on the
northeast corner of the intersection.of Coral Way and Coral Gate
Drive, 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 Y
ii 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 UU 5 7 43
•
PASSED AND ADOPTED this 29th day of June 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate apprF val of
this, legislation by signing it in the designated place;. rovided, said legisiat;now
o nes effective with the elapse of ten (10) days fr he of Comrni + i .tion
,jankq,sarne, without the Mayor rcisi v
ATTEST:'-. Wa er J.a , City Clerk
WALTER J. FOEMAN
CITY CLERK
01
CORRECTNESS
6 VI RELLO i s �311Po
ORNEY 0�
4464:YMT:ss
Page 3 of 3 �, 5 7
EXHIBIT "1"
LEGAL DESCRIPT109OF ALLEY TO BE VACATED
LEGAL DESCRIPTION
A 10 foot Utility Easement lying in Tract "A", "WAL-GATE" according to the plat
thereof as recorded in Plat Book 154 at Page 77 of the Public Records of Miami -Dade
County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Tract "A"; thence North 00 degrees 01 minutes 05
seconds East for 224.99 feet to a Point of Curvature; thence Northwesterly along a
circular curve to the left having a radius of 25.00 feet and a central angle of 90 degrees 01
minutes 05 seconds for an arc distance of 39.28 feast to a Point of Tangency; thence West
for 132.83 feet; thence South 45 degrees Ol minutes 05 seconds West for 87.91 feet; A
thence South 00 degrees Ol minutes 05 seconds West for 14.14 feet; thence North 45
degrees 01 minutes 05 seconds East for 93.77 feet; thence East for 128.69 feet to a Point
of Curvature; thence Southeasterly along a circular curve to the right having a Radius of
15.00 feet and a central angle of 90 degrees 01 minutes 05 seconds for an arc distance of
23.57 feet to a Point of Tangency: thence South 00 degrees Ol minutes 05 seconds West
for 224.99 feet; thence East for 10.00 feet to the point of Beginning (all of the foregoing
courses were coincident with the boundary of the 10 foot Utility Easement as shown on
said plat of WAL-GATE).
The bearings mentioned above are based upon an assumed "West' along the North
boundary of said Tract "A".
File name: K:\095441\WALPLAT SCALE: 1 " =50'
SCHWEBKE-SHISKIN & OCIATES, INC. LB # 87
LAND SURVEYORS -ENGINEERS -LAND PLANNE - 324 CORP!,8-
AY- FL 33025
PHONE No.(954)435-7010 FA 8,8e.
ORDER NO. 1go97¢ PREPA it� PN -
DATE: 0r-0-00 /� Pre.,
THIS IS NOT A " 13OUNDARY SURVEY" FLA. PROF. LAND SUR OR K 2408
UL%m D55�-
REVISIONS
EXHIBITS
ZONING FACT SHEET
PZ -6
Case Number: 2000-0331 15 -May -00 Item No: 5
Location: Approx. at the NE comer of Coral Way & Coral Gate Dr.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Walgreens Co. Gilberto Pastoriza, Esq.
200 Wilmot Road 2665 S. Bayshore Dr.
Deerfield, IL 60015
App. Ph: (305) 854-0800
Zoning: C-1 Restricted Commercial
Miami, FL 33133
Rep. Ph: (305) 854-0800 ext
Rep. Fa U _ ext
Request: Official vacation and closure of a public utility easement, being the portion of a 10'
Utility Easement located on the NE comer of the intersection of Coral Way and
Coral Gate Drive.
Purpose: This will allow a unified commercial development.
Recommendations: .
Planning Department: N/A
Public Works: See attached Analysis
Plat and Street Committee: 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: Please see attached.
Zoning Board Resolution No: ZB 2000-0309
Zoning Board: Recommended approval to City Commission. Vote: 9-0
City Commission: N/A
PUBLIC WORKS ANALYSIS FOR
The closure of a 10' Utility Easement located
Approx. at the NE corner of the intersection of Coral Way and
Coral Gate Drive
.The Public Works Department and the Plat and Street Committee
have studied the proposed closure and vacation of a portion of N.W. North
10' Utility Easement located North East of the intersection of Coral Way .
and Coral Gate Drive and determined that closure of this easement 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 easement 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 the "Walgate Replat" and determined that
all technical requirements contained in the City Code Subdivision
Regulations have been met and the closure of this easement 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 easement 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
this easement closure and vacation request.
�. 073
Miami Zoning Board
Resolution: ZB 2000-0309
Monday, May 15, 2000
Ms Ileana Hernandez -Acosta offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, AS AMENDED, THE
ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL
VACATION AND CLOSURE OF A PUBLIC UTILITY EASEMENT, BEING THE PORTION OF A 10,
UTILITY EASEMENT LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF
CORAL WAY AND CORAL GATE DRIVE, LEGALLY DESCRIBED AS A TEN FOOT UTILITY
EASEMENT LYING IN TRACT "A", WAL-GATE (154-77), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL.
Upon being seconded by Mr. Ricardo D. Ruiz,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Yes
Mr. Rodolfo De La Guardia
Yes
Mr. Charles J. Flowers
Yes
Ms. Ileana Hemandez-Acosta
Yes
Mr. Humberto J. Pellon
Null
Mr. Juvenal Pina
Yes
Mr. Ricardo D. Ruiz
Yes
Mr. Angel Urquiola
Yes
Mr. Georges Williams
Yes
Ms. Fernandez: Motion carries 9-0
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 1
ABSENTS: 0
i
/' ys' � Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 2000-0331 Item Nbr: 5
573
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Y OF CITY OF MIANO
�3 OFFICE OF HEARING BOARDS
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°� •°� APPLICATION FOR OFFICIAL VACATION,
O�CO FLOC
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 RALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
Gilberto Pastoriza, Esq. on behalf of Walgreens
I, Co., an -Illinois corporation * , 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:
*a publicly traded company
X 1. 4,730 total square feet.
X 2. Folio number: 01-4109-012-0086
X 3. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor.
X 4. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application).
X 5. 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).
X 7. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
X 8. Attach Opinion of Title (note: an update shall be required if more than 3 months elapse before Zoning
Board or City Commission approval).
X 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application). letter of intent
'�' 7
X 10. Fee of 5_ 4 , 257 • to apply toward cost of processing, a1h"urdin to Section 6�- t �6 of the Zoning
z
Ordinance:
Vacation of public right-of-way:
(a) Original submittal:
Per square foot of right-of-way .......... .................................................................... S .90
Minimum............................................................................ .11._'00.00
(b) Re -submittal:
Per square foot of right-of-way ..............
Minimum.................................... .............................. ..............$1.?00.00
Maximum...:.........:....................................................:...........................................11, 700.00
Public hearing mail notice fees, including cost of handling and
mailing per notice............... ...S 3.56
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
-SW 22 Street. (,Coral Way), East of Coral Gate Drive.
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) See attached Exhibit "A"
B lock(s)
Subdivision .
do(es) respectfully petition and request:
Vacation of platted easements as shown on -the Plat of Wal -Gate, as
recorded in Plat Book 154, Page'77, of the Public R of Miami -Dade
County, Florida
Signature
Name Gilberto Pastq�-, E.sq.
Address 2665 S. Bayshore Drive, #420
Miami, Florida 33.133
Telephone (305) 854-0800
Dau
uu . 9 3
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
_yl -- j
Twas wledged before me this .. 5
The foregoi instrumen daylof twho is ee r who has
produced as identification and who did, (did not) take an oath.
t
• of i-: �ii�. , �"-�_
;! to • •�:
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
19--__, 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
573
AFFIDAVIT
STATE OF FLORIDA
)SS
c.bu-,NTY OF DADS
Before me', the undersigned authority, this day personally appeared Gilberto. Pastoriza
who being by me first duly sworn, upon oath, deposes and says:
1. That helzbe is the xmm=,zrthe ,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 proce—ty located
in the, City of Miami, as. described and listed on the pages attached to this affidavit and iiiade,a part thereof..
2. That all owners which he/she represents, if any, have given their full and complete permission for him/kw to act
in his =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 helkikft 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
STATE OF FLORIDA Gilberto Pastorizal Esq'.
COUNTY OF DADS
T"he foregoing instrument m�acknowledpd before me this day of
who is personallyknownto me or who has
produced as identification.and who did (did not) take an oath.
P V t
iZa-me-
Notary
My
,;iN—�OMODVUA
ffAffJ0ffFLC=A
c
ATON NO. CMAM
OWNERS LIST
Owner's Name Walgreens Co., an Illinois corporation, a publicly traded
company
Mailing Address 200 Wilmot Road, Deerfield, IL Zip Code 60015
Telephone Number c/o Gilberto Pastoriza, Esq. (305) 854-0800
Legal Description: See attached Exhibit "A"
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: NONE
Street Address
Street Address
Street Address
Legal Description
Legs! Description
Legal Description
DISCLOSURE OF OWNERS
1 Legal description and street address of subject real property:
See Exhibit "A" attached hereto and made a part hereof.
2. Owner(s) of subject real propeay and percentage of ownership. Note: Section 2-618 of the Code of the City or
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matte. of a
presentation, request or petition to the City Commission. Accordingly, question y2 requires disclosure of
.shareholders of corporations, beneficiaries of trusts, and/or any other interested parries, together with their addresses
and proportionate interest.
Walgreens Co., an Illinois corporation, a publicly traded
company
3. Legal description and street address of any real property (a) owned by any party listed in answer to question R2, and
(b) located within 375 feet of the subject real property.
None
_ - Attorney for Owner
Gilberto.Pastoriza, Esc
STATE OF FLORIDA
COUNTY OF DADS
The foregoi� instrument owled ed before me this day of ��' r
L�= \�O e=v� S -�? �-�- who is aersonaIly own to me or who has ,
produced as ideatification and, who did (did not) take an oath -
Name: oFRCILAL N SEAL
Nota.y Pu Hc-Sa WWDSV1"
Commissi i Y PUUr, STATE OF n�A
C tssION NO. CCe6M
My Comm UN I XP. SEPT 93200(1
'� 7
•
Legal Description:
EXHIBIT "A"
0
The West 220.00 feet of the South 225.00 feet of Tract `B", CORAL GATE
SECTION "D", according to the Plat thereof, as recorded in Plat Book 50, Page
34, of the Public Records of Miami -Dade County, Florida.
LESS
The external area at the Northeast comer of the above described property formed
by a 25.00 foot radius arc concave to the Southwest and its tangents on the East
and North property lines.
Also known as WAL,-GATE, according to the Plat thereof, as recorded in Plat Book 154,
Page 77, of the Public Records of Miami -Dade County, Florida.
AND
The East 87.00 feet of the South 200.00 feet of the West 307.00 feet of Tract `B",
of CORAL GATE SECTION "D", according to the Plat thereof, as recorded in
Plat Book 50, Page 34, of the Public Records of Miami -Dade County, Florida;
said lands situate, lying and being in Miami -Dade County, Florida.
00— b73
® EXHIBIT "I" .
LEM,DESCRIPTION OF ALLEY TO BE.VACATED.
LEGAL DESCRIPTIONI
A 10 foot Utility Easement lying in Tract "A", "WAL-GATE". according to the plat
thereof as recorded in Plat Book 154 at Page 77 of the Public Records of Miami-Dade
County, Florida, being more particularly described as follows:
Begin at the Southeast comer of said Tract "N'; thence North 00 degrees 01 minutes 05
seconds East for 224.99 feet to a Point of Curvature; thence Northwesterly along a
circular curve to the left having a radius of 25.00 feet and a central angle of 90 degrees Ol
minutes 05 seconds for an arc distance of 39.28 feet to a Point of Tangency; thence West .
for 132.83 feet; thence South 45 degrees 01 minutes 05 seconds West for 87.91 feet;
thence South 00 degrees 01 minutes 05_ seconds West for 14.14 feet- thence North 45
degrees 01 .minutes 05 seconds East for 93.77 feet; thence Fast for 128.69 feet to a Point
of Curvature; thence Southeasterly along a circular curve to the right having a Radius of
15.00 feet and a central angle of 90 degrees 01 minutes 05 seconds for an arc distance of
23.57 feet to a Point of Tangency: thence South 00 degrees 01 minutes 05 seconds West
'for 224.99 feet; thence East for 10.00 feet to the Point ofBeginning (all of the foregoing
courses were coincident with the boundary of the 10 foot_ Utility Easement as shown on
said plat of WAL-GATE).
The bearings mentioned above are based upon an assumed "West' along the. North
boundary of said Tract "A'.
File -name: K:\095441\WALPLAT SCALE: 1 =50'
*� REVISIONS•
SCHWEBKE-SHISKIN & A OCIATES, INC. LB # 67
LAND SURVEYORS-ENGINEERS-LAND PLANNE . - 324 CORP E AY- FL 33025
PHONE No.(954)435-7010 FA 4) 8- 8
ORDER N0. 186°J]¢ PREP S PE SION-
DATE: -01-13-00, /0f7 PrtS .
THIS IS NOT A " BOUNDARY SURVEY" FLA. PROF LAND SU Al
W 2408
WOSS SEROTA HELOMAN
pASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
VIA RAND DELIVERY
Ms. Teresita Fernandez
City of Miami
Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33131
BROWARD OFFICE
1132 SOUTHEAST SECOND AVENUE
FORT LAUDERDALE, FLORIDA 33316
TELEPHONE (954) 763-4242
TELECOPIER (954) 764-7770
Re: Application for Vacation and Closure of an Easement
Dear Ms. Fernandez:
*OF COUNSEL
Our firm represents Walgreens Co., an Illinois corporation ("Walgreens") who are the
owners of the property legally described in the attached Exhibit "A" (the "Property"). The
Property is situated on SW 22nd Street (Coral Way) and east of Coral Gate Drive. The Property
is zoned C-1.
In June, 1999, Walgreens platted a portion of the Property as Wal -Gate and recorded said
Plat in Plat Book 154, at Page 77, of the Public Records of Miami -Dade County, Florida.
Walgreens intends to construct a new building for a Walgreens store on this site. Subsequent to
the original platting the owners realized that they required a larger piece of land to build the
quality store they desired to place in this location. Thus they obtained an additional piece of land
which together with the original platted property comprises the Property.
As a condition precedent to filing the new plat, Walgreens is required to close, vacate and
abandon from public use the ten (10') foot Utility Easement shown on the attached Exlu`bit "B"
(the "Easement").
For the reasons outlined in the attached
vacation and closure of the Easement is proper,
the neighborhood aesthetics.
application, we believe that the granting of the
will result in a better facility, and will improve
� - 5'a
MIAMI -DADS OFFICE
NINA L. BONISKE
MITCHELL J. BURNSTEIN
2665 SOUTH SAYSHORE DRIVE
JAMIE ALAN COLE
ELAINE M. COHEN
SUITE 420
EDWARD G. GUEDES
DOUGLAS R. GONZALES
MIAMI, FLORIDA 33133
STEPHEN J. MELFMAN
JOHN R. MERIN, JR.
GILBERTO PASTORIZA
ROBERT W. HOLLAND*
JOSEPH N. SEROTA
CHRISTOPHER F. KURTZ
TELEPHONE (305) 8S4-0800
RICHARD JAY WEISS
PETER A. LtCHTMAN
DAVID M. WOLPIN
KAREN LIEBERMAN*
TELECOPIER (305) 864-2323
STEVEN W. ZELKOWITZ
BERNARD S. MANDLER'
MARIE E. MATO
WWW.WSH-FLALAW.COM
NANCY RUBIN*
THOMAS J. ANSBRO°
GAIL D. SEROTA*
LILLIAN ARANGO DE LA HOZ*
ARI C. SHAPIRO
RICHARD A. ARONSKY
PATRICIA M. BALOYRA
JEFFREY P. SHEFFEL
NANCY E. STROUD*
April 3, 2000
ALISON S. BIELER
SUSAN L. TREVARTHEN
MITCHELL A. BIERMAN
DANIEL A. WEISS*
VIA RAND DELIVERY
Ms. Teresita Fernandez
City of Miami
Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33131
BROWARD OFFICE
1132 SOUTHEAST SECOND AVENUE
FORT LAUDERDALE, FLORIDA 33316
TELEPHONE (954) 763-4242
TELECOPIER (954) 764-7770
Re: Application for Vacation and Closure of an Easement
Dear Ms. Fernandez:
*OF COUNSEL
Our firm represents Walgreens Co., an Illinois corporation ("Walgreens") who are the
owners of the property legally described in the attached Exhibit "A" (the "Property"). The
Property is situated on SW 22nd Street (Coral Way) and east of Coral Gate Drive. The Property
is zoned C-1.
In June, 1999, Walgreens platted a portion of the Property as Wal -Gate and recorded said
Plat in Plat Book 154, at Page 77, of the Public Records of Miami -Dade County, Florida.
Walgreens intends to construct a new building for a Walgreens store on this site. Subsequent to
the original platting the owners realized that they required a larger piece of land to build the
quality store they desired to place in this location. Thus they obtained an additional piece of land
which together with the original platted property comprises the Property.
As a condition precedent to filing the new plat, Walgreens is required to close, vacate and
abandon from public use the ten (10') foot Utility Easement shown on the attached Exlu`bit "B"
(the "Easement").
For the reasons outlined in the attached
vacation and closure of the Easement is proper,
the neighborhood aesthetics.
application, we believe that the granting of the
will result in a better facility, and will improve
� - 5'a
PAS?08IZA & GUEDEs, P.A.
•
Legal Description:
EXHIBIT "A"
•
The West 220.00 feet of the South 225.00 feet of Tract "B", CORAL GATE
SECTION "D", according to the Plat thereof, as recorded in Plat Book 50, Page
34, of the Public Records of Miami -Dade County, Florida.
LESS
The external area at the Northeast corner of the above described property formed
by a 25.00 foot radius arc concave to the Southwest and its tangents on the East
and North property lines.
Also known as WAL-GATE, according to the Plat thereof, as recorded in Plat Book 154,
Page 77, of the Public Records of Miami -Dade County, Florida.
D
The East 87.00 feet of the South 200.00 feet of the West 307.00 feet of Tract `B",
of CORAL GATE SECTION "D", according to the Plat thereof, as recorded in
Plat Book 50, Page 34, of the. Public Records of Miami -Dade County, Florida;
said lands situate, lying and being in Miami -Dade County, Florida
- .573
1'*'
t Cit#� of �It�ht
JAMES I. KA1. P.E.
Dirvctoi ......luau t•
January 7, 2000
Walgreen Co., an Illinois Corp.
c/o Gadinsky & Greaner, Inc.
4100 NW 98 Avenue
Sunrise, FL 33351
Dear Ladies and Gentlemen:
WALGATE REPLAT - NEW TENTATIVE PLAT #1555
Do\ALO H 1', -%KNH W,
Crt� M.M.I.-Vt
The City of Miami Plat and Street Committee, at its meeting of January 6, 2000, 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 for the remnant of Tract B, Coral Gate Sec. D, Plat Book 50 at Page
34, is required.
2. An opinion of title for the easement 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 property owners, having an interest in the easement to be
closed and vacated. A copy of the opinion must be provided to the Public Works
Department.
3. A sketch and legal description, with square footage, for the easement 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.
4. verify if there are any utilities in the existing easement.
5. The Exhibit "B" of the opinion of title references many instruments of record. Verify if
there are any individuals or entities, other than the owner, that may have to join in
and execute the plat.
6. verify if there are any instruments of record that will affect the platting of this
property.
7. Heavy up zoning district lines in the location sketch:
8. Please explain the reference to a Unity of Title in the opinion of title. A release of the
Unity of Title may be required with an update to the opinion of title.
Go- 573
DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd AvenueNiami, Florida 33130/1305!416-1200/Fax:416-2153
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
Walgreen Co., an Illinois Corp.
c/o Gadinsky & Greaner, Inc.
WALGATE REPLAT - NEW TENTATIVE PLAT #1555
January 7, 2000
Page two
9. Submit an .application for tentative plat approval executed by the owner, or provide a
document authorizing individual who signed application.
10. Show underlying legal description completely at the location sketch.
11. Provide a dimensional tie to the easterly corner of the remnant parcel.
12. The Plat and Street Committee, in viewing the request to'close and vacate the public
utility easement of WAL=GATE, Plat Book '154 at Page 77, has considered the public
interest requirements found in Chapter 55 of the Miami City Code. These
requirements having been met, the Plat arid Street Committee recommends approval
of the vacation and closure of the said public utility easement of said WAL-GATE, Plat
Book 154 at Page 77.
In addition to the above requirements, you should be aware of the foil' wing:
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.
S. 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.
Walgreen Co., an Illinois Corp.
c/o Gadinsky & Greaner, Inc.
WALGATE REPLAT - NEW TENTATIVE PLAT #1555
January7, 2000
Page three
If you have any questions concerning these requirements, please refer to the attached
sheet for the appropriate person to contact.
Sincerely,
ohn H. Jacks o , P. E.
Acting Chairman, Plat and Street Committee
JHJ/rjf
Enclosure: Contact Sheet..
c: Schwebke-Shiskin & Associates
3240 Corporate Way
Miramar, Fl. 33025
Plat and Street Committee Members
bc: Surveys
Construction —
Central
3- X73
OPEVION OF TITLE
TO: CITY OF MIAMI, a municipal corporation
With the understanding that this Opinion of Title is furnished to CITY OF MIAMI,
FLORIDA as an inducement for acceptance of a unity of title covering the real property
hereinafter described. It is hereby certified that we have examined Lawyers Title Insurance
Corporation Policy No.9701836-1 and 9901006-1, and Attorneys' Title Insurance Fund, Inc.
certified computer updates completely covering the period from the beginning to January 23,
2000 at 11:00 P.M., inclusive, of the following described real property:
SEE EXHIBIT "A"
Basing our opinion on said complete abstract covering said period we are of the opinion
that on the last mentioned date the fee simple title to the above described property was vested in:
WALGREEN CO., an Illinois corporation
and that the ten (10') foot utility easement lying in Tract "A" "WAL-GATE" according to the
Plat thereof as recorded in Plat Book 154, Page 177, of the Public Records of Miami -Dade
County, Florida, contains no reversionary interest therein.
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1. All taxes for the year in which this opinion is rendered and subsequent years.
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.
SPECIAL EXCEPTIONS:
See attached Exhibit "B"
Therefore, it is our opinion that the following parties must join in the unity of title of the
above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a
good and proper unity of title:
61f- 573
Special
Exception
Name Interest Number`
Walgreen Co., an Illinois
corporation - Owner --
L the undersigned, further certify that I am an Attorney at Law duly admitted to practice
in the State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this 7�% day'of r.; 2000.
WEISS SEROTA BELFMAN
PASTORIZA & GUEDES, P.A
By:'t
Nancy Rubin, Esq.
2665 South Bayshore Drive
Suite 420,
Miami, FL 33133
STATE OF FLORIDA )
SS:
COUNTY OF NHANH-DADS )
The foregoing instrument was acknowledged before me this i day of April, 2000, by
NANCY RUBIN, ESQ., who is personally known to me.
Notary'Public, State of Florida
,. �E.boi�.ln t LI S T ori
Print Name
OFFICIAL NVMY SEAL
DEBORAH E LLSMN .
NOTARY PUBLIC STATE OF FIDRIDA
COMMISSION NO. CC799M
2
� 7
EXHIBIT "A"
Legal Description:
The West 220.00 feet of the South 225.00 feet of Tract `B", CORAL GATE
SECTION "D", according to the Plat thereof,- as recorded in Plat Book 50, Page
34, of the Public Records of Miami -Dade County, Florida.
LESS
The external area at the Northeast comer of the above described property formed
by.a 25.00 foot radius arc concave to the Southwest and its tangents on the East
and North property lines.
Also known as WAL-GATE, according to the Plat thereof, as recorded in P1at,Book 154,
Page 77, of the Public Records of T\,iami-Dade County, Florida.
O
The East 87.00 feet of the South 200.00 feet of the West 307.00 feet of Tract `B",
of CORAL GATE SECTION "D", according to the Plat thereof, as recorded in
Plat Book 50, Page 34, of the Public Records of Miami -Dade County, Florida;
said lands situate, lying and being in Miami -Dade County, Florida.
•
EllI
EXHIBIT "B
1.. Month to month tenancies by Kentucky Fried Chicken and its sublessee (dry cleaner).
2. Matters shown in the Plat of Wal Gate, as recorded in Plat Book 154, Page 77, of the
Public Records of Miami -Dade County, Florida.
3. Terms, conditions, and provisions of Memorandum of Contract for Purchase and Sale of
Real Estate, recorded December 30, 1998, in- Official Records Book 18412, Page 3856, of .
the Public Records of Miami -Dade County, Florida.
4. Terms; conditions, and provisions of Memorandum of Lease Agreement, recorded April
5, 1999, in Official Records Book 18548, Page 4886, as amended by First Amendment to
Memorandum of Lease Agreement, recorded July 13, 1999, in Official Records book
18690, Page 3659, all in the Public Records of Miami -Dade County, Florida.
5. Survey prepared by Biscayne Engineering Company, Inc., dated October 12, 1997; last
updated June 11, 1999, under Order No. 04774850, shows the following:
a) Chain link fence encroaches beyond the east boundary of the subject
property.
b) Concrete curbs encroach .beyond the north an& east boundaries of the
subject property.
c) Three electric boxes 'located in the western portion of the subject property.
d) FPL transformer located to the north of the one story "Italian" Restaurant
in the eastern portion of the subject property.
e) FPL manhole located to the south of one story 'Thy. Cleaners" in the
northwestern portion of the subject property.
P Telephone located in the southern and western portions of the subject
property.
g) Numerous monitoring wells, gas manholes, clean -outs, sanitary sewer
manhole and catch basins located throughout the subject property.
6. Terms, conditions, and provisions of Memorandum of Lease Agreement, recorded May
27, 1999, in Official records Book 18626, Page 2531, of the Public Records of Miami -
Dade County, Florida.
4
L
•
7. Declaration of Reciprocal Easement Agreement with Covenants, Conditions, and
Restrictions, recorded July 9, 1999 in Official Records Book 18680, Page 2831, of the
Public Records of Miami -Dade County; Florida.
416001\C+pinion of Title City of Miami 2-1-00
5
Go- 573
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WARRANTY DEED
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