HomeMy WebLinkAboutR-97-0762J-97-641
10/6/97
RESOLUTION NO. 9 7- 762
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING FOR PUBLIC USE TWO NORTH -
SOUTH ALLEYS AND ONE EAST -WEST ALLEY LOCATED
WITHIN THE BLOCK BOUNDED BY BRICKELL AVENUE,
SOUTHEAST 14 LANE, SOUTHEAST BAYSHORE DRIVE,
AND SOUTHEAST 14 TERRACE (MORE PARTICULARY
DESCRIBED HEREIN); AND MAKING FINDINGS.
WHEREAS, the Miami Zoning Board at its meeting of
September 8, 1997, Item No. 6, duly adopted Resolution
No. ZB 91-97 by a six to zero (6-0) 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 since
the roadway is not the right-of-way which is being closed by said
action; 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
CITY CODOUSSION
MEETING OF
0 CT 2 8 1997,
Resolution No. %
97- 76Z
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
two north -south 10 ft. alleys and one east -west 10 ft. alley
located within the block bounded by Brickell Avenue,
Southeast 14 Lane, Southeast Bayshore Drive, and Southeast 14
Terrace, lying between Lots 7 through 12 inclusive, Lots 1
through 6 inclusive, 13 through 18 inclusive and 19 through 23
inclusive, Block 1, AMENDED PLAT OF POINT VIEW, according to
the plat thereof, recorded in Plat Book 2 at Page 93 of the
Public Records of Dade County, Florida is hereby closed,
vacated, abandoned and discontinued for public use.
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 -
9'7- 762
PASSED AND ADOPTED this 28th day of October 1997.
JOE CAROLLO MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
sr !///
YAMILE MARRERO,REHT
ASSIST CIT ATTORNEY
APPROVED AS FORM
AND CORREC SS:
A. Q JO E III
CITY ATTO E
W1863:YMT:a
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97 762
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Case Number: 1997-0041
Location: 1441 Brickell Avenue
ZONING FACT SHEET
08-Sep-97 Item No: 6
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Terremark Brickell II, LTD Adrienne Friesner Pardo, Esq., Agent
2601 S. Bayshore Drive - Penthouse B 1221 Brickell Avenue
Miami, FL Miami, FL 33131
App. Ph: (305) 856-3200 Rep. Ph: (305) 579-0683 ext
Rep. Fa (U = ext
Zoning: SD-5 Brickell Avenue Area Residential -Office District
Request: Official vacation and closure of a public right of way of those two north -south
alleys and one east -west alley located within the block bounded by Brickell
Avenue, SE -14 Lane, SE Bayshore Drive, and SE 14 Terrace; zoned SD-5
Brickell Avenue Area Residential -Office District.
Recommendations:
Planning and Development:
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 N/A Last Hearing Date
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date
CEB Action:
History:
Analysis:
Zoning Board Resolution No: ZB 91-97. Approval Vote: 7-0
Appellant: N/A
City'Commission: N/A
97- 762
0
•
Mr. Henry Crespo offered the following Resolution and moved its adoption.
RESOLUTION ZB 91-97
AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE NO. 11000, THE
ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE
OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT OF WAY OF THOSE TWO
NORTH -SOUTH ALLEYS AND ONE EAST -WEST ALLEY LOCATED WITHIN THE
BLOCK BOUNDED BY BRICKELL AVENUE, SE 14.. LANE, SE BAYSHORE DRIVE,
AND SE 14THTERRACE FOR THE PROPERTY LOCATED AT APPROXIMATELY 1441
BRICKELL AVENUE LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED;
ZONED SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. THIS
RECOMMENDATION FOR APPROVAL IS SUBJECT TO THE SUBMITTAL OF A CLEAN
OPINION OF TITLE FROM A NATIONAL TITLE COMPANY TO BE RECEIVED PRIOR
TO THE DEADLINE FOR THE CITY COMMISSION AGENDA OF OCTOBER 28, 1997
SUCH DEADLINE BEING SEPTEMBER 27, 1997.
Upon being seconded by Ms. Christina M. Cuervo the motion was passed and adopted by the
following vote:
AYES: Mses. Basila, Cuervo & Hernandez
Obregon
NAYES: None.
ABSENT: Ms. Morales Mr. Moran-Ribeaux
Ms. Fernandez: Motion carries 7-0.
Messrs. Barket, Crespo, Gibbs &
^ r
Teresita L. emandez, Chief-)
Office of Hearing Boards
September 8, 1997 - Item #6
Zoning Board
97� 762 :3
11,
Exhibit "A»
Legal Description:
All portions of those threealleYs, 10.00 feet wide, lying between Lots 7 through
12 inclusive, Lots 1 through 6 inclusive, 13 through 18 inclusive, and 19 through
23 inclusive, Block 1, AMENDED PLAT OF POINT VIEW, according to the plat
thereof as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County, Florida. Said lands Lying in and being in the City of Nfami, Florida. Said
portion containing 8703 Square Feet-
E.K. BROWNELL & ASSOCIAITS eNC.
PUBLIC WORKS ANALYSIS FOR
1441 Brickell Avenue
The Public Works Department and the Plat and Street Committee have studied the proposed
closure and vacation of two north -south alleys and one east -west alley located within the block
bounded by Brickell Avenue, SE 14 Lane and SE 14 Terrace and determined that the closure of
these alleys 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. These alleys are not
part of the critical pedestrian and vehicular transportation network for the neighborhood. The
Plat and Street Committee has reviewed the tentative plat of `Brickell Chase" and determined
that all technical requirements contained in the City Code Subdivision Regulations have been
met and the closure of these alleys and development of the property would benefit the general
public. The City's Law Department has reviewed the opinion of title for the land and alleys
contained in the subdivision of `Brickell Chase" and found the title to be acceptable. The Public
Works Department and the Plat and Street Committee recommend approval of this alley closure
and vacation request.
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CITY OF MIAMI
DEPARTMENT OF ADMINISTRATION PLANNING AND ZONING
P. O. BOX 330708 MIAM ORIDA 33133
TELEPHONE NUMBER OW) 416-2030
APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD
(Land Fill and Dredge: Vacation of Street or Alley; waiver
of Development of Parking; Siting Adjustment & other as
required).
REQUIREMENTS'
Surveys, sketches, plans, as required (see supplemental
requirement sheets).
2. Affidavit by the owner of the property, or his attorney•,
that all facts as represented in the application are true
and correct.
3. Certified list of owner of real estate within 375' radius
from the outside boundaries of the subject parcel.
4. Fee of $7,832.70 to apply toward cost of processing,
as follows:
vacation of public right-of-way:
Per square foot
of right-of-way .......................$ .7e-q(
..inimum............................... $jrA89:0�1�aZaa. (7J
8703 Total Feet
5. 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.
DATE JULY 25, 1997
The undersigned, being the owner or representative of the owner,
of the property located at 1441 BRICKELL AVENUE
And More Particularly Described As.:
Lots)
Block SEE ATTACHED EXHIBIT A
Subdivision
do(es) respectfully petition and request:
Approval of the closure of the 10 foot wide alleys to Cate d
between Brickell Avenue, S.E. 14th.Terrace and S.E. 14th. Lane.
(zip)
_ SI NED ADDRESS PHONE
az�T w� J) 1221 BRICKELL AVE. 579-0683
MIAMI, FL 33131
This form must be notarized t�0ath taken OFFICIAL NOTARYSEAL
.- Personally nown INGRIDAHOVER
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC631857
MY COMMISSION EXF, MAR 20 2DOI
F FLORIDA, COWTY OF DADE
orn to and subscribed be Core me, this 915 day of JULY 19JL.
AFFIDAVIT
STATE OF FLORIDA } I
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally, appeared
Adrienne Friesner Pardo
and says:
, who being by m first duly sworn, upon oath, deposes
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Mimi, Florida, affecting the real
property located in the City of Mimi, 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 his to act in their behalf for the change or modifica.
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and soda a part of this affidavit
contain the current names, sailing addresses, phone numbers and legal descriptions
for the 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. 'I '/ .- . 4 PI-47A ~' (SEAL)
(Name) Adrienne Friesner Pardo
Sworn to and Subscribed before at
this 25th day of.- July 1997.
tary 1 c, State of Florida at Large
My Commission Expires: 31aC)l QD01
OFFICIAL NOTARY SEAL
INGRID A HOVER
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC631W
MY COMMISSION EXP. MAR 20 001
/5
9�= "''62
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OWNER'S LIST
Owner's Name TEP04ARK BRICKELL II, LTD. I
Mailing Address 2601 S. BAYSHORE DRIVE - Penthouse B
Telephone Number (305) 856-3200
Legal Description: SEE ATTACHED EXHIBIT A
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner' s Name
Mailing Address
Telephone Number
Legal Description:
.Arty 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
185 S.E. 14th Terrace
Miami, Florida is owned by
Terremark Brickell, LTD.
Street Address
Street Address
Legal Description
Tract "A" of SAINT JAMES OF BRICKELL,
Plat Book 146, Page 99 of the P.R.D.C.
Legal Description
Legal Description
97- 762
ti
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
SEE ATTACHED EXHIBIT "A"
1441 Brickell Avenue
Ttl& alleys are located between Brickell Avenue, S.E. 14th. Terrace aid S.F. 14th. Lane.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties haying 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.
SEE ATTACHED EXHIBIT "B"
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 12, and (b) located within 315 feet of the subject
real property.
Owned by
Terremark Brickell, Ltd.
STATE OF FLORIDA } SS:
C=M OF DADS }
185 S.E. 14th. Terrace
Tract "A", SAINT JAMES OF BRICKELL, P.B. 146 at
p.99 of —the P.R.D;C.
DOER OR ATTOWE- FOR OOER
Adrienne Friesner Pardo
Adrienne Friesner Pardo being duly sworn, deposes and says that he is the
(Owner) (Attocner for Owner) of the real property described in answer to Question 11,
above; that he has read the foregoing answers and that the same are true and ct"Itte;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this 25th.
day of July 1997
MY OMISSION EXPIRES: 3 1a.o
(SEAL)
(Naaiej
Adrienne Friesner Pardo
'rotary P,b ic, State of Florida at Large
OFFICIAL NOTARY SEAL
INGRID A HOVER
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC631859
MY COMMISSION EXP. MAR 20,2001
/
9 ' - 162
0
E
Exhibit "A'
Legal Description:
All portions of those threealleys, 10.00 feet wide, lying between Lots 7 through
12 inclusive, Lots I through 6 inclusive, 13 through 18 inclusive, and 19 through
23 inclusive, Block 1, AMENDED PLAT OF POINT VIEW,. according to the plat
thereof as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County, Florida. Said lands Lying in and being in the City of Miami, Florida. Said
portion containing 8703 Square Feet.
E.K. BROWNELL & ASSOCIATES : NC.
a�
9�- 762
•
0
50' 50'
I
SE 14th � TERRACE
In
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LU
> I 8 6 5 4 3 2 1
0
C
BLOCK 1
10 2 (' I T
y
Ld "
16 Alle i to e ob do ied)-
r
13 14 15 16 17 18
12
ko
SE 14th LANE
In
50'
C4
23
- _
22
25
20
19
EXHIBIT vwAww
PACE 2 OF 2
E.R. BROWNELL & ASSOC., INC.)
rwow4m& Pu.rtwa "Wvam a -7 3152 Cwd fty —. n MtO (3ft)
This is not a Survey
M CNI
EXHIBIT "B"
TERREMARK BRICKELL II, LTD., A FLORIDA LIMITED PARTNERSHIP
WHICH IS OWNED BY:
1. GENERAL PARTNER - TERREMARK BRICKELL II, INC., A FLORIDA
CORPORATION (WHICH IS OWNED 100% BY MANUEL D. MEDINA),
AND
2. LIMITED PARTNER - TERREMARK INC., A FLORIDA CORPORATION
(WHICH IS WHOLLY OWNED BY TERREMARK INVESTMENT SERVICES,
INC., A FLORIDA CORPORATION WHOSE SHAREHOLDERS ARE: 1
MANUEL D. MEDINA - 51 %, 2) GUEPARD INVESTMENTS 22%
(WHICH IS OWNED 100% BY MARIO MORANDINI) AND 3) ALEEDA
CORPORTATION - 26% (WHICH IS OWNED 100% BY LAURA
PESCISELTRI).
MIAMI/PARD0A/882096/$wm 011 DOW/24/97
as
97- 762
I�TOf 1K4
0
SPECIAL WARRANTY DEED
This Instrument Prepared by:
Elaine M. Cohen, Esq.
HUGHES HUBBARD & REED LLP
201 S. Biscayne Boulevard
Suite 2500
Miami, Florida 33131
Property Appraisers Parcel Identification (Folio) Numbers:
See Exhibit "C" attached hereto
Grantee S.S. #: 65-0733631
97R24 7824 1997 JUL 03 16:06
DOCSTPOEE 55,500,00 SURTX 419625.00
HARVEY RUVINr CLERK DADE COUNTYP FL
This Special Warranty- Deed made as of the 1st day of July, 1997 by
BRICKELL HOLDING CORP., a Delaware corporation, hereinafter called the grantor, to
TERREMARK BRICKELL II, LTD., a Florida limited partnership, whose post office is
2601 South Bayshore Drive, Suite 1600, Miami, Florida 33133 hereinafter called the
grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations).
WITNESSETH:
That the grantor for and in consideration of the sum of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee all that certain land
situate in Dade County, State of Florida, as described on Exhibit "A" attached hereto
(the "Property").
Subject to those matters set forth on Exhibit "B" attached hereto.
Together, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
MI970550.006
=:17701
And the grantor hereby covenants with said grantee that the grantor is lawfully
seized .of said land in fee simple; that the grantor has good right and lawful authority to
sell and convey said land, and hereby warrants the title to said land and will defend the
same against the lawful claims of all persons claiming by, through or under the said
grantor.
IN WITNESS WHEREOF, the said corporation has caused these presents to be
executed in its name by its proper officer thereunto duly authorized, the day and year first
above written.
Signed, sealed and delivered BRICKELL HOLDING CORP., a
in the presence of: Delaware corporation
By:
Witiiess Signature e:"Dwight I. Amesen
Ti e: Vice President
Address: 380 Madison Avenue, 9th Floor
Printed Name New York, New York 10017
Witnes ignature
61S i fti �'Suy�
Printed Name
2
MI970550.006
02� 97- 762
1770118?8
STATE OF NEW YORK )
) SS:
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this ';z7t"'day of
i57�—v\ f- , 1997 by Dwight 1. Arnesen, Vice President of BRICKELL HOLDING
CORP., a Delaware corporation, on behalf of the corporation. He is personally known to
me ' a aiiuri.
c
(Signature of pe-r aon taking acknowlef enW
,+%N110116I tool..•
T' ,
(Name of acknowledger typed, Gg�gfgq 24 stamped)
Notary Public. Stare of New'fa,
No. 31 4888037
Qualified in Kin
= b N
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term xpires arch 30, 1 g
(Title or rank)
, •••` '�
- �► ••:.�•••t
Serial number, if any
MI970550.006
3
97� 76-9
17701 18?7
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1 through 23, inclusive, Block 1, Amended Plat of
Pointview, according to the Plat thereof, as recorded in
Plat Book 2, at Page 93, of the Public Records of Dade
County, Florida, also described as Lots 1 through 23,
inclusive, Block 1, Pointview, according to the Plat
thereof, as recorded in Plat Book 2, at Page 25, of the
Public Records of Dade County, Florida.
MI970550.006
3/
9'�= 762
EXHIBIT "B"
0-IST OF PERMITTED EXCEPTION*
(a) Zoning and building regulations, restrictions and ordinances now or hereafter
adopted or imposed by any governmental body having jurisdiction over the Property or any part thereof-
(b) Property taxes, water charges and sewer rents for the year 1997 and subsequent
years, and certified, confirmed or ratified assessment liens and pending assessments, if any;
(c) Public utility declarations, easements and agreements or record and rights of
utility companies to use and maintain pipes, drains, mains, wires, cables, terminal boxes, lines, service
connections and facilities, located in, on, over and/or under the Property;
(d) Easements or claims of easements not shown by the public records, boundary
line disputes, overlaps, encroachments, and any state of facts an accurate current survey or physical
inspection of the Property would show;
way of record;
(e) Covenants, restrictions, licenses, easements, rights, agreements and rights-of-
(f) The rights of all tenants and other occupants of the Property;
(g) All notes or notices of violations of law, regulations, or municipal ordinances,
orders or requirements against or affecting the Property noted in or issued by any. Federal, State, 'County,
Municipal or other local departments or other governmental or quasi -governmental authorities having
jurisdiction over the Property or any part thereof;
(h) Encroachment of stoops, areas, cellar steps, trims and corriices, if any, upon any
street or highway or adjoining premises, variations between record line and fences, hedges and retaining
walls, and any encroachments of adjoining premises upon the Property;
(i) Variations among the description of the Property herein, the description of the
Property in any current survey, and the tax map description of the Property;
(j) Easement granted to Florida Power and Light Company, recorded in Official
Records Book 14290, at Page 1406, of the Public Records of Dade County, Florida.
(k) Resolution No. R-987-89, dated September 12, 1989, recorded in Official
Records Book 14258, at Page 2399, of the Public Records of Dade County, Florida.
(1) Resolution No. R-697-90, dated July 10, 1990, recorded in Official Records
Book 14646, at page 2513, of the Public Records of Dade County, Florida.
- R
97- 'V2
o� �q
EXHIBIT "C"
LIST OF FOLIO NUMBERS
Folio Nos. Lot. No.
01-0210-050-2010
01-0210-050-2020
2
01-0210-050-2030
3
01-0210-050-2040
4,5 & 6
01-0210-050-2070
7
01-0210-050-2080
8
01-0210-050-2090
9
01-0210-050-2100
10
01-0210-050-2110
11 & 12
01-0210-050-2120
13
01-0210-050-2130
14
01-0210-050-2140
15
01-0210-050-2150
16
01-0210-050-2160
17
01-0210-050-2170
18
01-0210-050-2180
19
01-0210-050-2190
20 & 21
01-0210-050-2191
22 & 23
RECOaoED IN OFFC,FIC�L RECU��S 3L�
DC GOUNTV. PLLA1 .
RRECORo YERIFrEC
VWVFY RUVIN
CLERK Wne-t-
^`�,_
MI970550.006
?-1.100
�7— 762