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HomeMy WebLinkAboutR-00-0959• J-00-882 10/16/00 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 SIX FOOT (61) UTILITY EASEMENT LYING UNDER THE GROVE GATE APARTMENTS LOCATED AT APPROXIMATELY 2575 SOUTHWEST 27T11 AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the Miami Zoning Board at its meeting of September 25, 2000, Item No. 2, duly adopted Resolution No. ZB 2000-0358 by an eight to one (8=1) vote, RECOMMENDING APPROVAL of closing, vacating,, abandoning, and discontinuing a portion of the public right-of-way as set forth herein; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical requirements have been met, and vacation of the subject right-of-way would benefit the general public; and WHEREAS, the Department of Public Works and the Plat and Street Committee recommend approval of said vacation request; and com- CITY CO ILISSIOY OCTMEETING OF 2 6 2000 Resolution No. A ly WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section l.. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. A portion of public right-of-way, being the portion of a six foot (61) utility easement lying under the Grove Gates Apartments located at approximately 2575 Southwest 27th Avenue, Miami, Florida, as legally 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 Mayorl/. �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 0 0 - 9959 • PASSED AND ADOPTED this 26th day of October 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the or did not indicate approval j this legislation by signing it in the designated plW provided 'd legislatiar" r becomes effective with the elapse often 10 ays m the d e of mis7tctio regarding same, without the Mayor er sing a o. ATTEST: • Walt J. F020ity Clerk WALTER J. FOEMAN CITY CLERK APPRO ETAS YO FO AND CORRECTNESS:V 7WANDM VIL=LLO TY ATTORNEY W4 74 9 : YMT : nr, BSS IN Page 3 of-3 O "' 9 5 99 �l "EXHIBIT A" ITGAI. DESCRIPTION: PARCH., I: Tract A. of REGINA PARK, according to the plat thereof as recorded in. Plat Book 70 at Pace 59, of the public Records of Miami -Dade County. Florida. PARCEL 2: Lots 1, 2. 3, and 4. in Block 37A. SILVER BLUFF ESTATES S1=:C-I'ION 11. according to the plat thereof as recorded in Plat Book 10 at Pace 68, of' the public Records of' l\1iami- Dade County, Florida. VACHITING T111" test 15.00 feet of said lots SURVEYOR'S CERTIFICATION: I hereby certifv that there are no existing structures. improvements. utilities, dedications or easements of record on/or adjacent to the land described other than shown hereon. and that this "Tentative Plat" has been prepared under our supervision and is true and correct to the best of our knowledge and belief: I further certify that this "Tentative. Plat" meets the Minimum "I ethnical Standards set forth by the Florida Board of Land Surveyors pursuant to Chapter 472.027. Florida Statutes, and conforms to all applicable Minimum Standards of Chapter 61(I 1 7-h. rules of' the Department of Professional Regulation. Board of Land Sun evor�. E. R. BRO 'Nf:L1_ K ASSOC'IATI:S. INC. Thomas BrownelI 'Executive Vic, Professional [_,and Surveyor -!2891 State of Florida lic.productionti of this drawin� arc: not valid itn[ess ezt�f�s�s.,�_i «°itil the Surveyor's Sea[. TENTATIVE PLAT FOR: GROVE GATE APARTMENTS, INC., FE. R. SRprIW E'LL :'O1!1.`3 rLT 1 NG ENGINEERS _.5.'. Coral Way pil0N;7: ( 305) 4 4 6 - 3S j ASSOCIATE;. ICJ,. LAND SURYE"r)FS M[ami. clorldo. 33145 Case Number: 2000-0364 • ZONING FACT SHEET 25-Sep-00 Item No: Location: Approx. a portion of a 6' public utilities easement lying under the Grove Gate Apts. located at 2575 SW 27 Ave. Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Ruben Garcia, President for Grove Gate Apts. Inc. 2100 Ponce De Leon Blvd.# 601 Coral Gables, FL 33134 App. Ph: (305) 461-4950 Zoning: C-1 . Restricted Commercial Marc Faust, P.A. 2699 S. Bayshore Drive Seventh Floor Miami, FL 33133-5408 Rep. Ph: (305) 856-2444 ext Rep. Fa (___) = ext Request: Official vacation and closure of a public right of way, being a portion of a 6' public utility easement lying under the Grove Gate Apts. located at 2575 SW 27 Avenue. Purpose: This will allow a unified site for 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: N/A Zoning Board Resolution No: ZB 2000-0358 Zoning Board: Recommended approval to City Commission. Vote: 8-1 City Commission: N/A PZ-2 2 PUBLIC WORKS ANALYSIS FOR THE CLOSURE AND VACATION OF A PORTION OF A 6 FOOT WIDE PUBLIC UTILITY EASEMENT AT 2575 SW 27 AVENUE The Public Works Department and the Plat and Street Committee have studied the proposed closure and vacation of a potion of a 6 foot wide public utility easement at 2575 SW 27 Avenue and determined that the 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 "Grove Gate Apartments" 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 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 easement closure and vacation request. 0 i Miami Zoning Board Resolution: ZB 2000-0358 Monday, September 25, 2000 Mr. Juvenal Pina offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING 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 A PORTION OF A 6' UTILITY EASEMENT LYING UNDER THE GROVE GATE APARTMENTS, LOCATED AT APPROXIMATELY 2575 SOUTHWEST 27TH AVENUE, LEGALLY DESCRIBED AS TRACT A OF REGINA PARK (76-59) AND LOTS 1, 2, 3 AND 4, BLOCK 37A, SILVER BLUFF ESTATES SECTION B (10-68), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, EXCEPTING THE WEST 15 FEET OF SAID LOTS; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Ms. Gloria M. Basila, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Rodolfo De La Guardia Mr. Charles J. Flowers Ms. Ileana Hernandez -Acosta Mr. Humberto J. Pellon Mr. Juvenal Pina Mr. Ricardo D. Ruiz Mr. Angel Urquiola Mr. Georges Williams Ms. Fernandez: Motion carries 8-1 No Yes Yes Yes Yes Yes Yes Away Yes Yes AYE: 8 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 I L"', 0 L I I '� � T, - � Of, W-A Vallrr.�' - � � j 4, Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2000-0364 Item Nbr: 2 0 0 - 950 P 0 t 00- 959 CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, .MIAMI, FLORIDA, 33133. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE ANY BOARD OR COMMITTEE AND THE CITY COMMISSION. I, RUBEN GARCIA , on behalf of GROVE GATE APAR=N - TNC hereby apply to the City Commission of the City of Miami in accordance with Section 55-15 of the Code of Ordinance of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1. 510 total square feet. # 1,533B 2. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application(being the same as item #2 above) . 4. . Two original sketch of surveys, prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description for the area, within one year from the date of application. 5. Surveys need to be stamped by the Office of hearing Boards and signed by Public Works, Zoning and Planning prior to submittal of application. 6. Affidavit and disclosure of ownership -of property -covered by -applications and disclosure of interest from (attached to application). 7. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. 8. At least two photographs that show the entire property (land and improvements). 9. Recorded warranty deed and tax forms for the most current year available that . show the present owner(s) of the property. .10. Attach Opinion of Title (note: 'an update shall be required if more than 3 months elapse before Zoning Board or City Commission approval). 11. Other (Specify and .attach cover. letters explaining why any document you are attaching is pertinent to this application). None 12. 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 $ 1,200.00 .(b) Re -submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 Maximum $ 1,700.00 Public hearing mail notice fees, including cost of handling and mailing per notice $ 3.50 13. 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 2575 S.W. 27th Avenue Miami Florida AND MORE PARTICULARLY DESCRIBED AS: A portion of the Southerly 6-foot public utilities easement in Tract "A as more particularly described on Exhibit "1" attached hereto. Subdivision 'REGINA PARK, Plat Book 76 at Page 79. Signature" Name. Ruben Garcia Address 2100 Ponce de Leon Blvd., Suite 601 .Coral Gables, Florida..33134 Telephone (305) 461-4950 Date July S , 2000 0110- 1359 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 5 day of July 2000 , by Ruben Garcia who is personally known to me or who has produced Florida driver's license as identification and who (did not) take an oath. Z11 /"N EFICIALNOTARYSEAL CELIA PACHECO PUBLIC STATE OF FL ORIDA MISSION NO. CC737984 MISSION EXP. MAY 222002 STATE OF FLORIDA COUNTY OF MIAMI-DADE rrMWYZT Nary Ci � Pj� Notary Publi tate of Florida Commission No.: My Commission Expires: The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who .did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE Name: Notary Public -State of Florida Commission No.: My Commission Expires: The foregoing instrument was acknowledged. before me this 20 , by behalf of (or agent) on a partnership. He/She is personally known to me or who has produced - as identification and who did (did not) take an oath. Name: day of _ partner Notary Public -State of Florida Commission No.: My Commission Expires: mm� 411 of Y�xxYCt P.O. Box 330708 CARLOS A. GIMENE%: ��i�1, ��� a MIAMI, FLORIDA 33233-0706 CY CITY MANAGER (305) 0-1025 �8�. � Je' FAx (boa)) 400-50 sod-5o49 June 27, 2000 Grove Gate Apartments, Inc. 2100 Ponce de Leon Boulevard, #601 Coral Gables, FL 33134 Dear Ladies and Gentlemen: GROVE GATE APARTMENTS - TENTATIVE PLAT #1533.8 Located at the NE Corner of SW 27 Avenue and SW 26 Street Your tentative plat entitled GROVE GATE APARTMENTS is now being processed. AS stated in our June 2, 2000 letter, State and city laws require that the owner(s) of land being platted or replatted enter into an agreement with the City to construct certain improvements. As a result of a field Investigation by this department, it has been determined that no improvements shall be required at this time. water service requirements are not Included in the improvements listed above- For Information concerning water mains and appurtenances, contact Miami -Dade water & Sewer Department at 305-665-7471. When the final plat has been prepared by your surveyor, it is to be submitted to the department of Public Works (Survey section) for checking and processing. The following Items are to accompany the linen or mylar tracing of the final plat and are to be received by our Survey Section no later than six (6) weeks prior to the Commission meeting at which your plat Is scheduled for City Commission approval. 1. Final plat original (inked). 2. Three (3) prints of final plat- 3. S350.00 checK for platting fee. 4. Paid tax receipts for property being platted. 5. Approval letters from utility companies concerning easements and services. 6. A recent opinion of title, in triplicate, from an attorney. (Forms provided by Public Works.) 7. Proof that all liens on property have been paid. — 95n Grove Gate Apartments, Inc. GROVE GATE APARTMENTS - TENTATIVE PLAT #1533-B June 27; 2000 Page two If you have any questions pertaining to the subdivision improvements, contact Mr. Giovanni Campodonico at 305-416-1214. If you have any, questions pertaining to the final plat and Its submission to the City Commission for approval, contact Mr. Frank McMahon, Surveyor, at 305-416-1232. Sincerely, ohn H. Jacks n, P. E. Chairman, Plat & Street Committee JHJ/UH/r)f c: E. R. Brownell & Assoc_ 3152 coral way Miami, FL 33145 fflt-aA- V OFF' JAMES J. KAY, P.E. F 'i Director O 100�ii ii ,�� c 0 r0., vs - June 2, 2000 Grove Gate Apartments, Inc. 2100 Ponce de Leon Boulevard Coral Gables, FL . 33134 Dear Ladies and Gentlemen: GROVE GATE APARTMENTS - TENTATIVE PLAT #1533-13 Carlos A..Gime City Manager The City of Miami Plat and Street Committee, at its meeting of June 1, 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. Delete the quotation marks from the title of the plat. 2. A sketch and legal description, with square footage, for the proposed easement closure will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of Hearing Boards, at 305-416-2030. 3. The Plat and Street Committee in viewing the request to close and vacate the easement between SW 27 Avenue and the alley, approximately 94 feet to the east, 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 the easement. 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. DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-21 Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 GROVE GATE APARTMENTS - TENTATIVE PLAT #1533-13 June 2, 2000 Page two 7. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 8. 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.. 9. 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. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Jackso , P. E. Acting Chairman, Plat and Street Committee Enclosure: Contact Sheet c: E. R. Brownell & Assoc.' 3152 Coral Way Miami, FL 33145 'Plat and Street Committee Members bc: Surveys Civil Central cn cn SW 26th ST z o rQ o a � U2 Z cam CD g BLOC 37A n n I j SILVER BLUFF ES ATES SECTION Brn r w CD c-� = m m ►,- �-- I UD w v rn cn x ✓n� I o l I I I n' � rn v I m CM cn ._._. ®5' --� ----------450.00'— —— — EASEMENT TO �. c� 6' EASEMENT BE VACATED c-) o 0 C o 0 l 6' EASEMENT n — — — — — — 450. DO'— — CD• L +► co, -< ?o cn •• o �r rn-iro0� moo w nEn O � m p l Cti l (Jof I v a7 I + CD I 0 I Fa m3(10 I I I rCR n 1 I I E c" � 4= z wcnT i STU�RT RRAICE (7-iL) O 07 WCcn j CDCDI .� c;n —� z n � I I I I I U) ry cn m A, �d 'ulrn CD m ► SW 25th TERR �c CD 50' / 50' June 8, 2000 LEGAL DESCRIPTION: That portion of the Southerly 6 foot public utilities easement lying in Tract W, REGINA PARK, according to the plat thereof as recorded in Plat Book 76 at Page 58, of the Public Records of Miami -Dade County, Florida which lies West of the Northerly prolongation of the . East line of Lot 1 Block 37A SILVER BLUFF ESTATES SECTION B, according to the plat thereof as recorded in Plat Book 10 at Page 68, of the Public Records of Miami -Dade County, Florida. CONTAINING 510 SQUARE FEET AFFIDAVIT Before me, the undersigned authority, this day personally appeared RUBEN GARCIA who being by me first duly sworn, upon oath, deposes and says: President of the 1. That he/she is the/ owner, eF the legal representative of the owner, submitting the and is accompanying application for a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the, real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not ppticant's"!§ nature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this S day of July 2000 by Ruben Garcia who is personally known to me or who has produced Florida driver's license as identification and who (did not) take an oath. n OFFICIAL NOTARY SEAL CELIA PACHECO NOTARY PUBLIC STATE OF FLOFMA COMMISSION NO. CC737984 mY COMMISSION EXP. MAY 222002 I Commission No.: - My Commission Expires: a OWNER'S LIST Owner's Name GROVE GATE APARTMENTS, INC., a Florida corporation 2100 Ponce 'e Leon Bouievard, Suite 601 Mailing Address Coral Gables, Florida Zip Code 33134 Telephone. Number (305) 461-4950 Legal Description:Attached as Exhibit "17: hereto. Owner's Name N/A Mailing Address Zip Code Telephone Number Legal Description: Owner's Name N/A Mailing Address . Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally .(by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address YSrffeSC�te2ftrAmenue Legal Description "2" and Attached as Exhibit hereto. 2625 S.W. 26th Street Miami. Florida . Street Address Legal Description Street Address Legal Description s 00— 959 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Please see Exhibit "1" attached hereto. The street address of subject real property is 2575 S.W. 27th Avenue, 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. The shareholders of Grove Gate Apartments, Inc., a Florida corporation, are as follows: Shareholder Address Percentage of Interest Ruben Garcia 2100 Ponce de Leon Blvd. 100% Coral Gables, FL 33134 3. 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. Please see Exhibit "2" attached hereto, the street address of which is 2625 S.W. 26th Street, Miami, Florida. Dwne�Aftorney�r Owner l�txben Garcia, President of Grove Gate Apartments, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of July 20 o0 , by Ruben Garcia who is personally known to me or who has produced Florida driver's license as identification and who (did not) take an oath. OFFICIAL NOTARY SEAL CELIA PA 7CO LMy TARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC737984 COMMISSION EXP. MAY 222002 Commission No.: My Commission Expires: 00 959 EXHIBIT "1" LEGAL DESCRIPTION; That portion of the Southerly 6 foot public utilities easement lying in Tract W, REGINA PARK, according to the plat thereof as recorded in Plat Book 76 at Page 58,, of the Public Records of Miami -Dade County, Florida which lies West of the Northerly prolongation of the East line of Lot 1 Block 37A SILVER BLUFF ESTATES SECTION .B, according to the, plat thereof' as recorded in Plat Book 10 at Page 68, of the Public Records of Miami -Dade County, Florida. CONTAINING 510 SQUARE FEET EXHIBIT "2" PARCEL 1 Tract A, of REGINA PARK, according to the Plat thereof recorded in Plat Book 76, at Page 59, of the Public Records of Miami -Dade County, Florida. PARCEL2: Lots 1, 2, 3 and 4, in Block 37-A, SILVER BLUFF ESTATES, SECTION "B", according to the Plat thereof recorded in Plat Book 10, at Page 68, of the Public Records of Miami -Dade County, Florida, excepting the West 15 feet of said lots which have been deed to Miami -Dade County, Florida for street purposes. Together with rights of ingress and egress in favor of Parcel 2 over and across the alley lying Easterly and adjacent to said Parcel 2, pursuant to the dedication contained in the Plat of SILVER BLUFF ESTATES, SECTION "B", according to the Plat thereof, recorded in Plat Book 10, Page 68 of the Public Records of Miami -Dade County, Florida. CERTIFICATE OF CORPORATE RESOLUTION AND INCUMBENCY CERTIFICATE I, RUBEN E. GARCIA, as President, Secretary, sole Director and sole shareholder of GROVE GATE APARTMENTS, INC., a corporation duly organized and existing under and by virtue of the laws of the State of Florida (the "Corporation"), DO HEREBY CERTIFY that the following Resolutions have been duly and properly adopted: "BE IT RESOLVED that the Corporation hereby approves the Application by the Corporation to the City of Miami, Office ofHearing Boards, to Officially Vacate and Close a Public Right -of -Way, which right-of-way consists of approximately five hundred ten (510') feet and is located on a portion of the Southerly 6-foot public utilities easement in Tract "A" of REGINA PARK, Plat Book 76 at Page 79 of the Public Records of Miami -Dade County, Florida (the "Easement Vacation"). RESOLVED, that RUBEN E. GARCIA, as President and Secretary of the Corporation, be and hereby is authorized and directed on behalf of the Corporation to do or cause to be done any and all such further acts and things, and to execute and deliver any and all such documents, applications, affidavits and instruments as he may deem necessary or desirable to carry into effect the consummation of the transactions contemplated by the Easement Vacation. I DO HEREBY FURTHER CERTIFY that the foregoing Resolution has never been countermanded, rescinded, revoked or amended, and as above stated, remains in full force and effect. I FURTHER CERTIFY that the above and foregoing Resolution is within my power as the sole Director and sole shareholder of the Corporation to pass, as provided in the Articles of Incorporation and the By -Laws of the Corporation. I FURTHER CERTIFY that I am the President and the Secretary ofthe Corporation and that I am the sole Director and the sole shareholder of the Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation as of the Ste' day of July, 2000. H:EMXDOC S\07069004\CRP\B42809. W PD _XjMM-t., as President, Secretary and Sole Shareholder of the Corporation Page 1 of 2 `Pages 00- 950 STATE OF FLORIDA }. COUNTY OF MIAMI-DARE } The foregom ent was acknowledged before me, a notary public, at the County and. State last aforesaid, on this 'day of July, 2000, by Ruben E. Garcia, as President, Secretary and Sole Shareholder of GROVE GATE APARTMENTS, INC., a Florida co on, on behalf of the corporation, who f ✓ 1 is personally known to me. My commission expires: �dll' NOTvfflUBLIC STAfE F FL A ARGE OFFICIAL NOTARY SEAL ' CELIA PACHECO [PRINT NOTARY'S NAME NOTARY PUBLIC SPATE OF FLORIDA l COMMISSION NO. CC737984 MY COMMISSION EXP. MAY 222002 Page 2 of 2 Pages ® OPINION OF TULE To: City of Miami, Department of Public Works Dated: As of June 6, 2000 With the understanding that this Opinion of Title is furnished to the City of Miami, City Commission and Department of Public Works, Florida, as inducement for acceptance and approval of an Application for Official Vacation and Closure of a Public Right -of -Way (the "Application") covering the Real Property more particularly described on Exhibit "A" attached hereto (the "Real Property"), it is hereby certified that we have examined and relied upon the title insurance policy and real property search described on Schedule "B" attached hereto (collectively referred to as the "Title Evidence"). Basing our opinion upon the Title Evidence, we are of the opinion that on the date of this opinion, the fee simple title to the Real Property was vested in GROVE GATE APARTMENTS, INC., a Florida corporation (the "Owner"). Subject to the following encumbrances, liens and other exceptions: RECORDED MORTGAGE: Mortgage, Assignment ofLeases and Rents and Security Agreement from ("Owner"), in favor of The Capital Company of America LLC, a Delaware limited liability company ("Mortgagee"), dated as of July 16, 1998 and recorded July 21, 1998 in Official Records Book 18197 at Page 4754 of the Public Records of Miami -Dade County, Florida. 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGEMENTS: None. GENERAL EXCEPTIONS: A. All taxes for the year in which this opinion is rendered. B. Rights of persons other than the fee simple owners, who are in possession. C. Facts or matters that could be disclosed by a current and accurate survey. D. Any unrecorded labor, mechanics' or materiaimen's liens. E. Zoning and other restrictions and limitations imposed by governmental authority. 4. SPECIAL EXCEPTIONS: See Schedule "C" attached hereto and made a part hereof. 5. REVERSIONARY INTEREST: None. 0 0 - h59 The foregoing Opinion is given on the basis of and subject to the conditions that this Opinion may be relied upon solely by the City in connection with the approval acceptance of the Application and the Official Vacation and Closure of the Utility Easement described in the Application. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted as of the 6th day of June, 2000. KATZ, BARRON, SQUITERO . & FAUST, P.A. 2699 South Bayshore Drive Seventh Floor Miami, Florida 33133 Telephone (305) 856-2444 By: arc L. Faust, Esq. STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADS. ) The foregoing instrument was acknowledged before me a Notary Public, on this _ ;23 4day of June, 2000, by Marc L. Faust, who is personally known In and who take an oath. My Commission Expires: SFAL 9 CSUA PACHECO WJ#AXY Lr-SPATE OFFLORmA �49i MWAON NO- CC7N9" T4QTARY PIC SATE OFYLORIDA AT LARGE [PRINT NOTARY NAME] SCHEDULE "A" PARCELI: That portion of the Southerly 6-foot public utilities easement lying inTract "A", of REGINA PARK, according to the Plat thereof recorded in Plat Book 76, at Page 59, of the Public Records of Miami -Dade County, Florida, which lies West of the Northerly prolongation of the East line of Lot 1, Block 37-A, SILVER BLUFF ESTATES, SECTION `B", according to the Plat thereof, as recorded in Plat Book 10 at Page 68 of the Public Records of Miami -Dade County, Florida, all as more particularly shown as the cross -hatched portion of the sketch attached hereto as Exhibit "X". m 00- 959 SCHEDULE "B" 1. Title Insurance Policy No. 10- 1284-02-000003 13 issued by Chicago Title Insurance Company insuring the Mortgagee in the amount of $2,550,000.00, respecting the lien of its mortgage encumbering the Real Property and having an Effective Date of July 21, 1998 at 3:25 P.M. (the "Title Policy") 2. Attorneys Title Services, Inc. certified computer print-out performed on Attorneys' Title Information Display System covering the period of July 21 1998 through June 6, 2000 at 11:00 P.M. OU • • SCHEDULE"C" Restrictions and Easements reserved for the installation and maintenance of public utilities as shown on the Plat of REGINA PARK, as recorded in Plat Book 76, at Page 59, as partially released in Official Records Book 17822, at Page 311, Official Records Book 17822, at Page 312 and Official Records Book 17822, at Page 313, all of the Public Records of Miami -Dade County, Florida, as said easement is shown on that certain Survey prepared by ERR Brownell & Associates, Inc. dated June 25, 1998. 2. Unity of Title filed in Official Records Book 14798, at Page 2539 of the Public Records of Miami -Dade County, Florida. 3. Unity of Title filed in Official Records Book 14810, at Page 640 of the Public Records of Miami -Dade County, Florida. H:\LIB\DOCS\07069004\LTR\B34793.WD 5 00 9 cn cn z - SW Ht h ST p =Zcs BLOC 37A 50, v v a SILVER BLUFF ESTATES SECTION B I ( 10-68) I n m { oto w W J J m cn cn _ �. -----------450.00'— --- EASEMENTTD 6' EASEMENT .,. _ co=- 0 cn cn. 03 —+ co m°0------1----450.00'----------- ro cDr- r— zo CD r i ; �. f 6' EASEMENT H w - C m 3- m� CIS cn00 O I r W ri 3En � (l) e o -n� �' r Z v; �. I BLOC 3 I I rn O w cn (n i STUAIRT TERRAICE (7- i 44 ) om�rr--U)� O A—iC=) - r 50' � my _m I U) c CIS — — — — — — — m ��- SW 25th TERR cm Z W r 02,rr:16640,4881 taturta to: Alcides Avila. Esq. trASRANTY Data Rolland i ttnight t01 Brlckell Avenue "I ar.1. Florida 33131 ' Tale Iaetrumout prepared byt 95R009'494 1"5 JAN 04 14106 1 Garry Blamborg, taq. alaxberg, oreyeon a singer.. P a DOCSTPOEE 16r8Q0.Q0 SURTX 12t600.00 15 S E. Secoud Avenue, suite 710 H4R'VEY RUVINr CLERK ME COU TY9 FL ttlami Florida 311.31 ProFttty Apprafeer0 Parcel identltlretIOn tPolio/ NumbetSol. 01 all) 007 3300 and 01 41)5 OS 3 001f, ......ice«.. .�.�/..::.,.....1��.. ;...:. t::.:.� ..r•.... � .y� I.r�.. «•r�11 w. /w..1y ,«,1., .NFI.. ..», ,.. .. wl r •• ••I..•. r 1 I.11. ...... ..... . •w T828 INDSL-MMS, made thin day of �/[A.D. 1994. 1+X`IWZXX 03tGY2 GATES INV11NC., a Mori A aorporat os. of the county of Dade• in the State of rlurida (party of the first port). and QH*Vft OATE'AP^XTSCMMB. rMC.. ® llorlda aorporatiaa of the Courty of Do tie. In the State Of i'lor►da. ..twos poet orflco address is 2,100 ponce de Leon Blvd.. Suite s•01. Coral Gables, plcrada 1313e, (party of the second *aril. KIT11E311IRTH. That the attld party of the 'Irot part. In evnsaderotlon of the sum of Ton and 0211co Dullars 1310.001, to it in hand paid by th* sat d party of the second part, the receipt whereof le hereby acknowledged. has granted. baroalned, and sold to the said party of the second pare, its hairs, viceesoora, and assigns forever, the fol+ovinq deoctlbad land, situate, and being In the County of Dade, rtate of Floritta, to -wit: Parcel 1 Tract A, of AGGINA PARK. according to the Plat thereof, ae recorded in Plat look ta, Page S. of the Public Records of Dade eoun:y. Florida Parcel 2 Lots 1, 2, 3, and t. In Hlork 37-A. SILVERSLV/r CrO al7 ;1'It'rr••,.a CSTATSS, Section 'B•, aeeordin7 to the Plat thereof, a••tUtov�elf''or•atOe10 me rocorded In Plat Book 10. Page 69, of the Public Records cf D.1d. county, Florida. oxca •e t ttNest is HARVFY PUYIN, foot Ot oard lot* which have Leen deeded to lade iitllf tf a.U+b co`- rotrnty. Florida, for street purposes. LVBJ ECT TO. 1. Taxes for the year 19gr Anu aubsequesa years, not: yet due and payacle. ?, zoning, race rt.:tvgns. p.ohlbtttottr. AnJ o:h-t taquirements imposed by governwental authority 3 Re;%rle'.IOn2 and ma•.tere appearing on the Ylat. or otherwtoe comian to the subdivtaiein, w-thnitt rest-PA tn.) anme a Puh11c utility ccaer..ento nit teecid And th. aatd party of the f31st par: dues hereby fully warrant She title to said land, and will defend tht' same apolna•. tt.t• lAwtul Clat.•s of all persons whosoever. IN 14:111teS MfY78OF. Thw maid perry cf the first putt has hereunto sat tea hand and seal the -Say and van Ciret above written ac •c_ r dal::ram-d (IaAVt GAVLDtTB( ,>HS/Y In,•pr _»i�0.% i Fri t r. nandes print i e Pr dent �I 11 / Ad7reset 2 Pone. de Loon Blvd s 10SO b�int °141' f 9�.. f• ..L�r1' 1f t �(A ssl oabtes. rlor lda i3t i+ STATE OP PLoCRIPA. COUNTY or FADE )' NS91asy CP.RTIPy that an thle day, betore me, an eftiear duly tuthor►zed in the Ltate ato.esatd and :n the County aforesaid to take aeknewled"ants, personally appeared ROL LFO kERNAI.'L82, as Ytealdent c,f GROVE DATE a14VtSTMWZTS. IRC . a Florida corporation. .who la personally kncwn to me to be rna person deacribod in and who executed the foregoing instrument os�—who-lea• 9redw,00.� e•«( ntr.catrlly lu.$) ,�l�T ar.edrnerfteetson and who sworn and acknowlodgod before + thJt Ti.texoeuta{ he aa11a on bens t'uT ootd corporation, and who LOOT. An oath. i �/11H�tT�t�:R�^�+SL op�• nand said of racial Deal In tea county And State lone a[oreratd :hta __. n.ty MAXGAR1TA P1AJM TOTERc LLA STAR-1�`PtiB IZZ'- sRR**r• o fi"or}da NorAR1 W$LKSTAM OF FLOQID Pr tat Naoe.COMMMACW �I I •t1. ►� f : J_ _ 1.... .!lq 9 �0MMM SSkf lr 91_�O Ny Causleetoi± pared' . 'rZ. ;�i�•~{_-K lt;•itiFyeT�'ii-3''w'ij� I