HomeMy WebLinkAboutR-00-0644J-00-507
5/31/00
J
RESOLUTION NO.
•
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 A LANE LOCATED BETWEEN
NORTHWEST 17TH AVENUE AND NORTHWEST 15TH
AVENUE FROM NORTHWEST 7TH STREET RUNNING
NORTH TOWARDS NORTHWEST 8TH 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
May 15, 2000, Item No. 6, duly adopted Resolution
No. ZB-2000-0310 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
CITY C 1631ON
NEETM OF
J U L 2 U 2000
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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 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 a lane located between Northwest 17th Avenue and
Northwest 15th Avenue from Northwest 7th Street running north
towards Northwest 8th Street, 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 3 644
PASSED AND ADOPTED this 20th day of July , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not *provaj1 �xi
this legislation by signing it in the designated place r�ovicicd, c iss" ie?v± :f ±: F40Vi
becomes effective with the elapse ten (10) days fr, the dat�Co��x.�rbii:' ":;it0l 1
regarding same, without the May cerci ve .
ATTEST:
WALTER J. FOEMAN
CITY CLERK
65:YMT:ss
Walter
CORRECTNESS
Page 3 of 3 0 b 4
SKETCH AND LEGAL DESCSirIO
TN
POLICE LAND SURVEYORS, INC.
PLS 5381 NOB H0..- ROAD
SUNFIME, FLORIDA 33351
TELEPHONE: (954) 572-1777 . FAX: (954) 572-1778
CERTIFICATE OF AUTHORIZATION NO. L63870
E—MAIL: surveys0pulicelondsurveyors.corn
MMIBIT "1" SHEET 1 OF 2 SHEET'S
LEGAL DESCRIPTION OF VACATED RIGHT OF WAY
LEGAL DESCRIPTION:
THAT PORTION OF 6.0 FOOT PARK LANE LYING BETWEEN LOTS 21
AND 22 IN BLOCK 4 OF 'GROVE PARK' ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 66 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE RUN
SOUTH 01 DEGREES 47 MINUTES 00 SECONDS WEST ALONG THE WEST
UNE OF SAID LOT 22 FOR A DISTANCE OF 120.00 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 22; THENCE RUN NORTH 90
DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 6.00
FEET TO THE SOUTHEAST CORNER OF SAID LOT 21; THENCE RUN
NORTH 01 DEGREES 47 MINUTES 00 SECONDS EAST ALONG THE EAST
UNE OF SAID LOT 21 FOR A DISTANCE OF 120.00 FEET TO THE
NORTHEAST CORNER OF SAID LOT 21. THENCE RUN SOUTH 90
DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 6.00
FEET TO THE POINT OF BEGINNING.
(CONTAINING: 720 SQUARE FEET).
NOTES=
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS ARE BASED ON THE WEST UNE OF LOT 22
BEING SOUTH 01 DEGREES 47 MINUTES 00 SECONDS .WEST.
FILE= FOG DEVELOPMENT, INC.
SCALE: N/A
1 ORDER NO: 39256
DATE: MARCH 22, 2000 1
6' PARK LANE
CLOSING
POG DEVELOPMENT,.4NC.
L
John F. Pulice, Reg. Land Surveyor #2691, State of Florida
Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida
Joy Keri. Reg. Land Surveyor #5721, State of Florida
00- 644
ZONING FACT SHEET
PZ -1
Case Number: 2000-0333 15 -May -00 Item No: 6
Location: Approx. at NW 17 Ave & NW 7 St.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Ashton Ventures Two, LLC
& Alan Bumberg
1745 W. Fletcher Ave
Tampa, FL 33612
App. Ph: (305) 539-2114
Zoning: C-1 Restricted Commercial
Bob De La Fuente, Esq.
201 S. Biscayne Blvd.
26 Floor
Miami, FL 33131-4336
Rep. Ph: (305) 539-2114 ext
Rep. Fa (__) = ext
Request: Official vacation and closure of a public right of way, being the portion of a lane
located between NW 17 Avenue and NW 15 Avenue from NW 7 Street running
North towards NW 8 Street approximately 120 feet.
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.S. 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 2000-0310
Zoning Board: Recommended approval to City Commission. Vote: 9-0
City Comaission: N/A
0041 -
PUBLIC WORKS ANALYSIS FOR
The closure of a Lane located between
NW 17 Avenue and NW 15 Avenue from NW 7 Street
Running North towards NW 8 Street Approx. 120 feet
The Public Works Department and the Plat and Street Committee
have studied the proposed closure and vacation of a lane located between
NW 17 Avenue and NW 15 Avenue from NW 7 Street running North .
towards NW. 8 Street approximately 120 feet and determined that closure of
this lane 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 lane 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 "Samantha Remi Park" and
determined that all technical requirements contained in the City Code
Subdivision Regulations have been met and the closure of this lane 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 lane 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 lane closure and vacation request.
Miami Zoning Board
Resolution ZB 2000-0310
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 RIGHT-OF-WAY, BEING THE PORTION OF A LANE
LOCATED BETWEEN NORTHWEST 17TH AVENUE AND NORTHWEST 15TH AVENUE FROM
NORTHWEST 7TH STREET RUNNING NORTH TOWARDS NORTHWEST 8TH STREET
APPROXIMATELY 120 FEET, LEGALLY DESCRIBED AS THAT PORTION OF A SIX FOOT PARK
LANE LYING BETWEEN LOTS 21 AND 22 IN BLOCK 4, GROVE PARK (5-66), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL.
Upon being seconded by Mr. Charles J. Flowers,
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 Hernandez -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
'Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 2000-0333 Item Nbr:
00—�44-
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CITY OF MIAMI
OFFICE OF HEARING BOARDS
APPLICATI N FOIL 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 (M[AMI CITY HALL), LOCATED AT 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
I, BOB de la FUENTE, Esq., on behalf of Ashton Ventures Two LLC and Alan Bumberg, 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:
720 total square feet.
2. Folio number: 01-3135-016-0450: 01-3135-016-0460
✓ 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 (attached to
application).
5. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered
by this application.
6. At least two (2) 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).
Sketch and legal description with square footageera for proQgsed Park Lane closure
0- 0
•
10. Fee of $ 1606.00 to apply toward cost of processing, according 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 ............................................... $ 1200.00
(b) Resubmittal:
Per square foot of right of way ............................... $ .90
Minimum ................................................ $ 1200.00
Maximum..................................................................................................$1700.00
Public hearing mail notice fees, including cost of handling and
mailing per notice ........ ........ .. .................... $ 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:
Approximately NW 17w Avenue and NW r Street, Miami, Florida.
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 21.22. less the south 10.00 feet thereof/ALLEY: between lots 21 and 22 only
Block(s) Block 4. of "Grove Park" according to the plat thereof as recorded in Plat Book 5 at Page 66
Subdivision GROVE PARK
do(es) respectfully petition and request:
closure of that portion of Park Lane located between Lots 21 and 22 in Block 4 of Grove Park
Signature
Name BOB de la FUENTE. Esq.
Address 201 S. Biscayne Blvd., S 2600
Miami. FL 33131
Telephone 39-2114
Date
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this " 1 day of APRIL, 2000, by BOB de la FUENTE
who issonally known to me or who has produced n produced as identification
and w� did did not) take an oath.
OFFICIALNCTARYSEAL
EMILY FARMER
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC549763
MY COMMISSION EXP. APR. 18 000
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
who is o personally known to me or who has produced 13 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
who is O personally known to me or who
as identification and who did (did not) take an oath.
:ODMA\MHODMA\MiAM1;235603;1
Name:
19 , by
has produced 4 produced
Notary Public -State of Florida
Commission No.:
My Commission Expires:
rY
X44
•
A F F I D A V I T
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI -DARE }
Before me, the undersigned authority, this day personally appeared BOB de la FUENTE,
who being by me first duly sworn, upon oath, deposes and says:
That HE 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 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.
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 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.
Applican s Signat e
STATE OF FLORIDA
COUNTY OF DADE
L
The foregoing instrument was acknowledged before me this day of APRIL, 2000, by BOB de la FUENTE,
Esq., on behalf of ASHTON VENTURES TWO, LLC., a LIMITED LIABILITY corporation. Heft isA personally known
to me or ❑ has produced as identification and whodid not} take an oath.
:0DMAUVIH0DMAN1AMJ;235597;1
Name:
Notary Public-Staa of Florida
Commission No.:
My Commission Expires:
OFFICIAL NOTARY SEA
EMILY FARMER
'VOTARY PUBLIC STATE OF FLORIDA
C�'VIMISSION NO. CC5W03 -
�c.. ' EXP. APR. 18 " '4
OV1 NMIS LIST
Ownces Name
Mailing Address 1745 W. =CHRELAMM TAMPA- Zip Code33162 _
Telephone Number (913) 268-6511
Legal Description of Proposed Alley Closure: That portion o`6.0 foot Park Latta lying between Lots 21 and
?22 in Block 4 of "Grove Park" according to the Plar thereof as recorded in Ptaat Book 5 at Page 66 of the public
records of Dade County, Florida.,
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, pmtnerahip or
privately) with 375 feet of the subject site is listed as follows:
Street Address
1625 art 0) 1615 a&,; 1) 1605 lLat 22).1545
d 1511a= 24- 7"
Miami, Florida'
Strut Address
Streat Address
::0D1L)<A',N 0DMAN1AMI'w35,16;1
Legal Description
Legal Description
- X44
Z£1-: ZC/ZC'c 0:C-1 91119£950E; NVOR SYN3001 431 -RW "VIV;I1 00-01-W
DISCLOSURE OF OWNERSHIP
Legal description and street address of subject real property:
Lots 21, 22, less the south 10.00 feet thereof, Block 4, of "GROVE PARK" according to the plat thereof as recorded in Plat Book
5, Page 66, of the Public Records of Dade County, Florida.
Located at approximately NW 17th Avenue and NW Th Street, Miami, Florida.
ALLEY TO BE CLOSED: That portion of 6.0 foot Park Lane lying between lots 21 and 22 in Block 4 of "Grove Park"
according to the plat thereof as recorded in Plat Book 5 at Page 66 of the public records of Dade County, Florida.
Located at approximately NW 171 Ave. & NW 7' Street, Miami, Florida
2. Owner(s) of subject real property and percentage of ownership. Note: 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.
Ashton Ventures Two, L.L.C. See Attached for ownership of Ashton Ventures Two, L.L.C.
1745 West Fletcher Avenue
Tampa Florida 33612
100% Ownership
Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and
(b) located within 375 feet of the subject real property.
NONE
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this `%� day of APRIL, 2000, by BOB de la FUENTE,
Esq., on behalf of ASHTON VENTURES II, LLC, a LIMITED LIABILITY corporation, on behalf of the corporation. He/Se
is _ personally known to me or _ has produced as identification and whop (did not) take an oath.
H:\BDFIDATA\Fog Dovelopment\Applications\Disclosure No2.wpd
Name:
Notary Public -State of lorida
Commission No.:
My Commission Expires:
OFF7CIAI. NOTARYS
NOTARY PUBL1C TATE FARMER
COMMISSIO NO C0054FI.O
RIDA
M 3
Y COMMISSION EXP. APR. 18 poo 0 e m 4
CERTIFIED COPY OF RESOLUTION
OF THE BOARD OF MANAGERS
OF
ASHTON VENTURES TWO, L.L.C.
The undersigned, being a managing member of ASHTON VENTURES TWO,
L.L.C., a Florida limited liability company (the "Company"), hereby certifies that the
following is a true, correct and complete copy of resolutions adopted by the Board of
Managers of the Company at a meeting at which a quorum was present, and that the
following resolutions are in conformity with the Operating Agreement of the Company
and have not been rescinded or modified:
'RESOLVED, that Alan Bumberg be and is hereby authorized,
empowered and directed in the name and on behalf of the Corporation to
execute and deliver all documents and instruments necessary with respect
to the platting and rezoning of the real property located at the corner of 7'
Avenue and 17th Street in Miami -Dade County, Florida; and
FURTHER RESOLVED, that either of the managing members of
the Company be and is hereby authorized and directed to fumish a copy
of the foregoing resolution as required and to certify the same,. and to
certify that the provisions of said resolution are in conformity with the
Operating Agreement of the Company and that said resolution is in full
force and effect and has not been rescinded or modified.
IN WITNESS WHEREOF, I have hereunto subscribed my name as a managing
member of the Company, pursuant to due and lawful authority this 24th day of March,
2000.
Mich el P. Rice
as a managing member
j
Miami
Dw! f T Li\1:
(305) 534-2114
E-MAIL:
BDFQTewlaw.com
April 7, 2000
VIA HAND DELIVERY
Teresita Fernandez
Chief of Hearing Boards
City of Miami
444 SW 21 Avenue, 7' Floor
Miami, FL 33130
Re: Application for Official Vacation of Alley:
NW 17" Avenue and NW 7' Street
Our File No.: 40418.003
Dear Ms. Fernandez:
�J
TEW CARDENAS REBAK
KELLOGG LEHMAN
DEMARIA &TAGuE, L.L.P.
A T T O R N E Y 5 A T L .\ \\
This law firm represents Ashton Ventures Two, LLC, and Alan Bumberg, regarding the
vacation of the above -referenced alley. The Tentative Plat for the property on which the alley is
located was approved by the Plat and Street Committee ("Committee") on Thursday, April 6, 2000.
I include two copies of the Tentative Plat, as approved by the Committee, as well as a sketch of the
alley to be vacated. Also enclosed are a completed application, accompanying materials, and the
application fee.
The applicant owns the parcels of land abutting the alley, as well as several other adjacent
lots which the applicant rezoned in December, 2000. The closure of the alley is essential in order
to develop the applicant's property. The Committee has recommended approval of this closure.
Thank you for your time and assistance. Please call with any questions you may have.
Encl.
cc: Mr. Alan Bumberg
::ODMA\MHODMA\MIAMI;235636;1
• MiA.\11 OFPICI:
AI1AM; CENTER, 261 , FLC)OR. 201 SOUTH BISCAY.\1; BcH'LEVARU. W.%.%iI. FLORIDA 33131.433(,, TELEPHONE 30.3.536 1112. FACSIMILE 305:536 1116
•
WEST PAL11 BRACH OFFICE
COM Al: BIIILi\G. SUITE 1000.310 CLEMATIS STREET. WEST PALM BEACH, FLORIDA 33401, Tu_..i,1LONI_ 561.835-4200. FACS0,111.1:.5611$35-1242
• TALLAHA5KEP. OFFICI.
-;ai LAS:- PARI: A\ -I:\1:)_, TALLAHAStiEh- FLORIDA 32301, TELLPHONE 850%205-0452. FACSIMILE 850,'5' 0 644
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Y Or ;
JAMES J. KAY, P.E.
�� 3
Director
a ,•••� io•r,• e
O- 0
April 7, 2000
Ashton Ventures 11, LLC
C/o Tew Cardenas et al
201 South Biscayne Boulevard, Suite 2600
Miami, FL 33131
Dear ladies and Gentlemen:
SAMANTHA REMI PARK - TENTATIVE PLAT #1.552-A
DONALD H. WARSHAW
City Manager
The City of Miami Plat and Street Committee, at its meeting of April 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. Provide a block number, or label proposed lots as tracts. Label as Tracts °A" and as".
2. An opinion of title as to reversionary rights for the'6-foot wide Park Lane to be closed
and vacated will be required by the Zoning Board. The opinion of title must also
address whether or not there are any individuals, in addition to the abutting property
owners, having an interest in the right-of-way 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 area, for the proposed Park Lane
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.
4. Provide a recent Certificate of .Good standing from the Secretary of State for Ashton
Ventures 11, LLC.
S. In reference to the plat, a search must be conducted to determine if any other
individual has an interest in Park Lane.
6. Accurately show zoning district lines in the location sketch. Label the zoning
description.
7. The existing building crossing the proposed lot line must be removed prior to
submittal of final plat. A unity of title will be required prior to final plat if building is
not removed.
DEPARTMENT OF PUBLIC WORKS/444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-215
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 0 4
ou
Ashton ventures 11, LLC
SAMANTHA REMI PARK - TENTATIVE PLAT #1552-A
April 7, 2000
Page two
0-
8.
The fence and pavement encroachments into the east -west alley must be removed
prior to submittal of final plat.
9. Provide the original application executed by Ashton ventures II, LLC.
10. Provide a Corporate Resolution for S & S Imports and Investments, Inc:
11. The Plat and Street Committee in viewing the request to close and vacate Park Lane
between NW 7 Street and the alley located approximately 120 feet North of NW 7
Street, have 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 Park Lane.
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.:
�` f
Ashton Ventures u, LLC
SAMANTHA REMI PARK - TENTATIVE PLAT #1552-A
April 7, 2000
Page three
If you have any questions concerning these .requirements, ' please refer to the attached
sheet for the appropriate person to contact.
Sincerely,
John H. Jac on, P. E.
Acting Chairman, Plat and Street Committee
Enclosure: Contact Sheet
c: Bob de la Fuente
c/o Tew Cardenas et al
201 South Biscayne Boulevard, Suite 2600
Miami, FL 33131
Pulice Land Surveyors, Inc.
5381 Nob Hill Road
Sunrise, FL 33351
Plat and Street Committee Members
OPINION OF TITLE
To: CITY OF MIAMI, a municipal corporation
With the understanding that this Opinion of Title is furnished to the CITY OF MIANII,
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 Chicago Title Insurance Company, Owner's Policy No. 10-1299-
106-00000091, together with a certified title search from Attorneys' Title Insurance Fund, Inc.
completely covering the period from August 25, 1999 to May 1, 2000 at 11:00, inclusive, of the following
described real property:
Lots 20, 21, 22, 23, 24, 25, 26, and 27, less the South 10 feet thereof,
Block 4, of GROVE PARK, according to the plat thereof, as recorded
in Plat kook 5, . age 66, of fhe b .c .,pus o `..lai"n Dade ; urr ,
Florida.
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 real property was vested in:
ASHTON VENTURE TWO, L.L.C., a. Florida limited liability company
NOTE: Ownership of the alley between Lots 21 and 22 less the South 10 feet thereof, Block 4, of
GROVE PARK, will, upon vacation, revert to the adjacent property owners."
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.
2. Rights of parties -in -possession other than the above owner.
Facts that would be disclosed by an accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
Zoning and other restrictions imposed by governmental authority.
General Exceptions do not apply to note regarding reversionary interest upon vacating the alley between
Lost 21 and 22 less the South 10 feet thereof, Block 4, of GROVE PARK.
SPECIAL EXCEPTIONS:
Listing should include, but not be limited to, such exceptions as:
6. Mortgage from Ashton Ventures Two, L.L.C., a Florida limited liability company, in
favor of AMSOUTH BANK, dated August 24, 1999, recorded August 25, 1999, in
237996-1
01 07 =�:
Official Records Book 18756, Page 2477, of the Public Records of Miami -Dade -County,
Florida, together with Assignment of Leases and Rents, dated August 24, 1999, recorded
August 25, 1999, in Official Records Book 18756, Page 2495, and UCC -1 Financing
Statement recorded August 25, 1999, in Official Records Book 18756, Page 2506, all of
the Public Records of Miami -Dade County, Florida.
7. Existing Unrecorded Lease Agreement dated July 14, 1995 between Dade National
Office Building Investors Limited Partnership, a Florida limited partnership, as
"Landlord", and Advocate Program, Inc. ("Tenant").
Matters of survey as shown on Survey prepared by Michael C. Flynn, Reg. Land
Surveyor #3281 of Pulice Land Surveyors, Inc., dated August 4, 1999, bearing Order No.
37884:
a. Chain link fence and asphalt pavement encroach into 10 foot alley along the
.1oitheast and north`vest propelty lines.
b. 6 foot concrete fence encroaches into adjacent property along the west property line.
c. 7 foot wood fence encroaches into adjacent property along the east property line.
I, 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 L#�, day of May, 2000.
TEW, CARDENAS, REBAK, KELLOGG,
LEHMAN, DeMARIA & TAGUE, L.L.P.
By: ---moi
Name: Bob e la Fuente
Florida Bar No. 9739
Addres s: 201 S. Biscayne Boulevard,
Suite 2600
Miami, Florida 33131
Telephone (305) 536-1112
237996-1 00- 644
•
STATE OF FLORIDA
COUNTY OF DADE
The foregoing intrument was ackowledged before me thi��day of ./O/A/, 2000, by
Bob de la Fuente, who is ersonally own tome r who has produced
as identification.
Notary Pub ic, State o orida at Large
Print Name: _� Ayes
My Commission Expires:
OFFICIAL NOTARY SEAL
O�PgY P&
U49 WMA MERCEDES REYES
2W n COIY8810M NUMBER
CC619117
e�� MY COMMISSION EXPIRE8
OF FV0 FEB. 4,2001
237996-1 U0 4
.pW `ti fo7'5C�
M1. 1 83
998447013 1999 AUG 25 14:51
SPECIAL WARRANTY DEED
This instrument prepared by or under the supervision of
Name: Janis K Cbeezem, Esq.
Address: Gunster, Yoakley, Valdes-Fauli & Stewart, P.A.
Suite 3400 - One Biscayne Tower
2 South Biscayne Boulevard
Miami, Florida 33131-1897, . .
(Space reserved for Clerk of
Court)
DOCSTFDEE 49050.00 SURTX 3,037.50
HARVEY RUVINY CLERK DADE COUNTYt FL
This Special Warranty Deed is made by 1993-N3 Florida Associates L. -P., a Delaware
limited partnership ("Grantor"), whose address is c/o AMRESCO Management Inc., 700 North
Pearl Street, Suite 2400, LB 342, Dallas, Texas 75201-7424 to ASHTON VENTURES TWO,
LLC, a Florida limited liability company ("Grantee"), whose address is 1745 West Fletcher
Avenue, Tampa, Florida 33612 and whose tax identification number is 59-3207424.
VVITNESSETH
Grantor, for and in consideration of the sum of Ten And No/100 Dollars ($10.00) and other
good and valuable consideration paid to Grantor by Grantee, the receipt and sufficiency ofwhich are
hereby acknowledged, grants, bargains, sells and conveys to Grantee, and Grantee's successors and
assigns forever, the land, situate, lying and being in Dade County, Florida, legally described in Exhubit
"A" hereto.
Together With all easements, tenements, hereditaments and appurtenances belonging to the
land; and
Together With allbuildings and other improvements now Or hereafter located on the land, and
Together With all of Grantor's right, title and interest, if any, in and to the streets, avenues,
roads, ways, alleys, waterways and canals, open and proposed, in front of or adjoining the land;
To Have And To Hold the same in fee simple forever.
This conveyance is made subject to:
(a) Taxes for the year 1999 and subsequent years;
(b) Applicable zoning ordinances and regulations;
(c) Conditions, restrictions, limitations, street dedications and easements of
record, which are not reimposed by this instrument;
(d) Matters which would be shown on an accurate survey; and
`1 :�/
Df f. 0
187592,47-4
(e) Rights of parses in possession, if any.
Grantor covenants that at the time of delivery of this deed, except as described above, the
property is free of any encumbrance made by Grantor, and Grantor specially warrants the title to the
property, and will defend it against the lawful claims and demands of all persons claiming by, through
or under Grantor, but against none other.
Any warranty of title in this Special Warranty Deed will expire upon the termination of the
RTC Mortgage Trust 1993-N3, a Delaware business trash(the"Trust"Xwhich is the sole shareholder
of the general partner of Seller), as to' any, claim thereon which has not been made in writing and
received by Seller prior to said termination date ("Warranty Expiration Date"). The Seller shall have
no obligation with respect to any claim for breach of warranty which is received by Seller after the
Warranty Expiration Date. In that regard, Buyer specifically aclmowledges and understands that the
Trust has no definite or certain termination date and that the Trust may terminate or be terminated
at anytime.
Grantor has caused this instrument to be duly executed as of August 18 , 1999.
Signed, sealed and delivered
Print Name: i" a„Z
Print Name:
1993-N3 FLORIDA ASSOCIATES
L.P.
a Delaware limited partnership
BY:1993-N3 FLORIDA GP
CORP., its General Partner
By. Al 5. Patr c
Name:
Title: Secr ary/Treasurer
[CORPORATE SEAL]
-2-
00- 64.11
•
COUNTY OF DALLAS
STATE OF TEXAS
SS
)
REr.'3781 apJI�'+�
•
On this the VA- day of August, 1999, before me , the undersigned officer, personally
appeared Il l 5• Pa r'1CAU who acknowledged himselfto be theSLtW -*25 993-N3
FLORIDA dP CORP., a Delaware corporation, as General Partner of 19Y3 -N3 FLORIDA
ASSOCIATES L.P:, a Delaware limited partnership, and that he as suchst T�tzw54-rbeing
authorized so to do, executed the foregoing instrument for the purposes therein &ntained7
In witness whereof I hereto set my hand and official seal
My commission expires:.
Name: 6M 17
—�
Title. J—
[SEAJLj
-3-
tipPY P`B
o Faye Sharon Toplitsky
* * Notary Public
r '
N� STATE OF TEXAS
q of My Comm Exp. MOW=
om
® RU. '� U aL . 0
EXHIBIT "A" — LEGAL DESCRIPTION OF LAND
Folio Number: 01 -3135-016-0440
Lots 20, 211, 22, 23, 241, 25, 26 and 27 less the South 10 feet thereof Block 4 of GROVE PARK,
according to the Plat thereo4 recorded in Plat Book 5, at Page 66 of the Public Records of Dade
County, Florida.
RECORDED MF OFFiOAL RECORDS BOOK
OF DADE COUNTY, FLORIDA.
RECORD VERIFtED
HARVEY RUVIN
CLERK CIRCUMCOURT
-4-
644
a SKETCH AND LEGAL DESCRIPTION
POLICE LAND SURVEYORS, INC.
PLS SL N�PoSE, FLORIDARI33D351 PM&C.
TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778
CERTIFICATE OF AUTHORIZATION NO. LB3870
E—MAIL: surveys®pulicelondsu.rveyors.com..,.
EBHIBIT "ill SHEET 1 OF 2 SHEETS
LEGAL DESCRIPTION OF VACATED RIMT OF WAY
LEGAL DESCRIPTION=
THAT PORTION OF 6.0 FOOT PARK LANE LYING BETWEEN LOTS 21
AND 22 IN BLOCK 4 OF 'GROVE PARK" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 66 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE RUN
SOUTH 01 DEGREES 47 MINUTES 00 SECONDS WEST ALONG THE WEST
UNE OF SAID LOT 22 FOR A DISTANCE OF 120.00 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 22; THENCE RUN NORTH 90.
DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 6.00
FEET TO THE SOUTHEAST CORNER OF SAID LOT 21; THENCE RUN
NORTH 01 DEGREES 47 MINUTES 00 SECONDS EAST ALONG THE _EAST
UNE OF SAID LOT 21 FOR A DISTANCE OF 120.00 FEET TO THE
NORTHEAST CORNER OF SAID LOT 21; THENCE RUN SOUTH 90
DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 6.00
FEET TO THE POINT OF BEGINNING:
(CONTAINING: 720 SQUARE FEET).
NOTES=
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS ARE, BASED ON THE WEST LINE OF LOT 22
BEING SOUTH 01 DEGREES 47 MINUTES 00 SECONDS WEST.
FILE: FOG DEVELOPME
SCALE: N/A
ORDER NO: 39256
DATE: MARCH 22, 2000
6' PARK LANE
CLOSING
John F. Pulice. Reg. Land Surveyor #2691, State of Florida
Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida
Joy Keri, Reg. Land Surveyor #5721, State of Florida