Loading...
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 - 3 - 97 762 OF 2i • PZ-2 IRCORa 96ATED 9 1� dFCO''V 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. 7 9 7= 762 ale ,t I: i. I• i- �' s .0 °oo r D C \o �'. 104 0 0 1 II. ] 1e If'R _M� ST °O°OG W. II o �N p W rR4T •�•• o°o ° -f l I e 17 16 3 7 i z ( A 7 C a O q F- o o` _ o° Bq ), bp000 �`i�l�1a zl zzjzs N _ A. GAR�Er c �1111 O O. r44cr 5• M 1'1 O O L O• I ST. 6 0 0 ° JII 0 ae � � �- 30 0° � N BR/gl c Ii• s e IUORg ORr l i S. °o rOwEa 1- pROp" (; ITHSIDE ELEM.� = 0 f °pOoop° 1 4 r SUBOVV S SCHOOL xl zz z: o° o Af.7, ° 2 r O!a '. ep 1•. ]YOF OM 00 O �f 117 c c 1 � ST �� /6 . ao,. a n~� roe . ,- S.W. t 14 UCF S TR A'Ug +l 97 w 96 � I � o° ..•/ az,� vlrS � ~'`!j� -.o +♦ s o n Q o FOR, '`♦ S.W. 14 TERR. o t pCq I v (/) a • O a- cc c r I4 T se u e, s �• tiO A lo :a �S 'e p o • •I z '� za sz zN p , �i <N•Op PGA ��E° } � _ O . 27 i s. \ ° s G tie piL f +•: ` o. F /q ,1a '• 2 m 1 I BAN• • ♦ • � � s L COSTA \ ♦ Q` �° ° � -•'e TUgwf BELLA s S '♦ ° ° 1 . i rR SUB. 7 7 f• �9 9 L1 +�� feti ♦ t 50 _ o / LEGEND 5° \ \� \\ �✓ / M I A M I CITY LIM ITS \ RAILROADS SPECIAL PUBUC INTEREST / HISTORIC PRESERVATION �•��o��• J PEDESTRIAN PATHWAYS .P G� 9762 V4 Sm Moo 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 1] 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 (N 7 z 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 �'- 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