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Home My WebLink AboutR-85-1135f a? N J-85-816 7/07/85 RESOLUTION NO. A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 1ST AVENUE BETWEEN THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 76TH STREET AND THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 77TH STREET ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1252 "PELAEZ-ZOGBY SUBDIVISION". WHEREAS, the Miami Zoning Board at its meeting of July 1, 1985, Item No. 5, following an advertised hearing, adopted ' Resolution ZB-86-85 by a 8 to 0 vote RECOMMENDING official vacation and closure of a portion of a street as hereinafter set forth; 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 the street in d question and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIANI, FLORIDA: Section 1. That portion of Northwest lst Avenue between the north right-of-way line of Northwest 76th Street and the x south right-of-way line of Northwest 77th Street, Miami, Florida all as a condition of approval of tentative Plat #1252 "PELAEZ- ZOGBY SUBDIVISION" is hereby closed, vacated, abandoned, and dis- continued for public use. PASSED AND ADOPTED this 26th day of NOVEMBER 1985. AT T T May -Or MYtTY HIRAI City Clerk PREPARED AND APPROVED BY: G. FrIRIAM MAER Assistant City Attorney GMM/wpc/ab/504 y APPROVE S TO AND CORRECTNESS: LUCIA A. DOUGHER Y City Attorney CITY COMMISSION MEETING OF NOV 26♦ 4 RESOLWIOn REMARKS. ;'s f CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 10 TO The Honorable Mayor and Members DATE- September 17 19615 FILE of the City Commission p ' SUBJECT RESOLUTION - RECOMMEND APPROVAL STREET CLOSURE PORTION OF NW 1 AVE FROM Sergio Pereir i City Manager REFERENCES COMMISSIOµ AGENDA - SEPTEMBER 26, 1985 ' PLANNING AND ZONING ITEMS J ENCLOSURES It is recommended by the Zoning Board that the Official Vacation and Closure of NW 1 Avenue between the north right-of-way ne of NW 76 Street and the south right-of-way line of NW 77 Street be approved. The Zoning Board, at its meeting of July 1, 19859 Item 5, following an advertised hearing, adopted Resolution ZB 86-85 by an 8 to 0 vote, recommending approval of the Official Vacation and Closure of NW 1 Avenue between the north right-of-way line of NW 76 Street and the south right-of-way line of NW 77 Street; as a condition of approval of Tentative Plat #1262 - "PELAEZ-ZOGBY SUBDIVISION". Two objections received in the mail. Three proponents present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL F 8,, �-1135 04 At f L OC ATI ON/L EGAL APPLICANT/OWNER ZONING FACT SHEET Approximately 101-111 NW 76th Street b 100-110 NW 77-th Street Tentative Plat # 1252-"PELAEZ-ZOGBY SUB." Michael Zogby 1205 SW 21 Terrace Miami, FL 33145 Phone # 595-7095 Pedro Pelaez 11531 SW 93 Street Miami, FL 33176 Phone # 595-7097 Fernando Martinez 5981 SW 11 Street Miami, FL 33144 Phone # 264-8012 REQUEST The official vacation and closure of NW 1st Avenue between the north right-of-way of NW 76th Street and the south right-of-way line of NW 77th Street as a condition of approval of Tentative Plat #1252 - "PELAEZ-ZOGBY SUB.". RECOMMENDATIONS PLAT b STREET At its meeting of April 3, 1985, the Plat b Street Committee approved the above tentative plat subject to a public hearing for approval to close right-of-way and showing Section, Township and Range. PLANNING DEPARTMENT APPROVAL IN ACCORD WITH THE CONDITIONS ESTABLISHED BY THE PLAT AND ITTEE. e requested vacation and closure of NW ls:E Avenue between NW 76th and 77 th Streets is not deemed necessary for the overall public interest. PUBLIC WORKS DADE COUNTY TRAFFIC b TRANSPORTATION ZONING BOARD CITY COMMISSION Dedication is required by plat. No objection. At its meeting of July 1, 1985, the Zoning Board adopted Resolution ZB 86-85 by an 8 to 0 vote, recommending approval of the above. At its meeting of September 26, 1985, the City Commission continued action on the above. At its meeting of October 24, 1985, the City Commission deferred action on the above. SLE -1135 i r, r i i i i vy ,* R .. A.. 100 11, 5 IT 16 A T 4j t8 0a'" 1 ` 19 � 2 too • C 20 00 4� 21 �, t 22 f 23 21 24 _ 22 25 26 w s • 23 N. 1950 5tto g 4 ,9+ T 3 R �" AsrJT-&f f4 +0 'f , { '2 0 A :3 '+ 19 S N '+' PHOEN 6 . 20 T tts Ot W u5 > T % I TRACT-4= �' �' 6 0 ,��" '1 73 565A 140 A 9 ! Q —•• goo t 10 to • 1T Ho tit! 113 ti0^..�M t ♦0�•. IC ! • R �V �^ �► b4` 10 ZB July 1, 1985 ° P-36 C - o TI item aft H Approx. 101-111 NW 75 Street & __ Approx. 100- 110 NW 77 Street f St"! S r _,ry1 Ir ot STATE OF FLORIDA ) COUNTY OF DADE )SS. A - . I 1,1 A tr I •� Before me, the undersigned auhtority, this day personally, appeared Pedro Pelaez who bk2ing by me first dul_; sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submittin,I the �iccnm; anyir.q application for a ptiblic hearir.ct as required by Ord,.nlnce No. 9500 of the Code of the City of Miami, Flo1ida, effecting the real property located in the city cf Miami as described' and listed on the rages attached to this affidavit and made part thereof. 2. That all owners which he represents, if any, have given their 1 ull aliu cUlupluLQ pL:111115S1U11 fvi hire Lv aeL ii1 Lhull LL:half f�j1 L11� L:hauyv i. i lltll 1111: Ifi 11: ..11 l ll_I" I 11I j:fi1l�fll.l!111 Ali 11111111 l:i ..l'1 filll lil the accompanyin(.: i)vt.itior.. 1. That the p.:c?c's attached hc'reto and made a part of this affidavit contain the current names, mailina address, phone numbers and legal descriptic.::s tor the real property which he is the uwne.:, cr ie.ia' ropt-,.-sk.:nt at ive. 4. The facts as represented in the application and documents submitted in conjunction with th s affidavit are true and correct. 1'1: rthr•r 7%f f i nn � �ny' ?i nc.t . Sworn t,, and Si:lacribed before me tt1i5 23 day L,1 may 19 85 Ncl.avy Public, State of F orida at urge My Commission Expires: Pedro R. P aez 1135 S >' t tt3 S� Owner's Name Michael Zogby Mailing Address 1205 S.W. 21st Terrace Miami, Fl. 33145 Telerhor.e ::u.—be.r 595-7095 Legal Descrir,i:)n: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision N. 2 PB 22/47 100 N.W. 77th Street & 101 N.W. 76th Street & 110 N.W. 77th Street 111 N.W. 76th Street Owner's Name Pedro Pelaez z - — .'--durus!i 11531 S.W. 93rd Street Miami, F1. 33176 tiu;;Ibei 595-7097 Leaa_. Dc:scriptl-)n: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision No. 2 PB 22/47 100 N.W. 77th St. 101 N.W. 76th St. 110 N.W. 77th St. 111 N.W. 76th St. Owner's Name Fernando Martinez 74a:.inq Address 5981 S.W. llth Street Miami, Fl. 33144 T� 1%euhone Number 26 4- 8012 Legal Dascription. Lots 1 thru.12 inclusive, Block 1 of Capital Subdivision No. 2 PB 22/47 100 N.W. 77th St. 101 N.W. 76ht St. 110 N.W. 77th St & 111 N.W. 76 ST. Any other real estate procert%, owned inr:i•. iduslly, cintly, Dr several'_,,- -by ccrooraticn, partn_!rship or privately) within 375' of the subject site is listed as _`nilows: Street Address Legal Description 131 N.W. 77th Street Lat__22_T•eg_ the. Nnrs-.;i_100 Feet Miami, F1. Block 1 Phoenix Park PB8 Pq 80 Street Address Miami, F1. Street Address Le::s' D�sc� -inn The North 145 feet of Lot 9 Legal Description E or A I F I D STATE. OF FLORIDA ) COUNT'I OF DADE )SS. Before me, the undersigned auhtority, this day personally Fernando Martinez who heinct by me first duly sworn, _ 1 upun oath, deposes and says: �. That he is the owner, or the lena= representative of the owner, submitting the accom;.anying application for a public hearing as required by Ordinance No. 95CO of the Code of. the City of Miami, Florida, effecting the real property located in the city of Miami as described and listed on the pates attaches: to this affidavit and made part thereof. 1. '1:iaL o,i ownurs which I1•_: r•_IprCISeiit,i, it any, haves c;lveti tliull t�rl I •r•,•! ,.•,,,,.II,t,• i„•rn�is�i„rr ��,i• irim I r.i�•t i�: their i,ohal f for t Its• c'11atl,I0 1 or modification _,f a classification, or rec;uldtion of zoning as sc_ _ out in r- the ,accompan.•ir.c; petition. 3. That the pages attached hereto and made a part of this i affida•.•it contain the current names, mailing address, phone numbers and legal descriptions for the real property which he is the owner or legal a 4. Th-, i in thc• .appl i eat i en and docrimOrt-F_- 7 subrnit.trr? in c(injlinctio,n .: i►. ti.i:� :rffidarit in, t-ruc, and c(lrri•c•t . Further Af t iant save: th not. / ,(SEAL) v" Fernando Martinez Sworn t -) and Subscribed before me t ' l 1.17 . 23_':.a y , t __Mar, T:c,t::ic, State of FlorL �► cr-ge MY Commission Expires: Qr' —1 1'Ir_ OqP r 4• ^: NE R' S '.I ST Owner's Name Michael Zogby Mailing Address 1205 S.W. 21st Terrace Miami, F1. 33145 Telephone *:umber 595-7095 Legal Description: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision N. 2 PB 22/47 1Q0 N.W. 77th Street & 101 N.W. 76th Street & 110 N.W. 77th Street 111 N.W. 76th Street Owner's Name Pedro Pelaez y Mai l in , '-.duresti 11531 S.W. 93rd Street Miami, F1. 33176 T.-iiepiiI)ne NUwIJer_ 595-7097 rtfecal Description: Lots 1 thru 12 inclusive, Block 1 of Capital j Subdivision No. 2 PB 22/47 100 N.W. 77th St. 101 N.W. 76th St. 110 N.W. 77th St. 111 N.W. 76th St. owner's Name Fernando Martinez Mailinq Address _5981 S.W. llth Street Miami, F1. 33144 T,.:Ievhune NumLer 264-8012 _ Laval Description: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision No. 2 PB 22/47 100 N.W. 77th St. 101 N.W. 76ht St. 110 N.W. 77th St & 111 N.W. 76 ST. ;ny other real estate property awned individually, joint!.•, or severally -.by corporation, partn_rship or privately) within 375' o: the subject site is list`d as follows: Street Address 131 N.W. 77th Street Miami, F1. Street Address 178 M _W 77}�Z 4trr�t�t Miami, F1. Street _Address Legal Description .ynt 27 T.PSc the Nar h -200 Feet Block 1 Phoenix Park PB8 Pg 80 Lena'_ Description The North 145 feet of Lot 9 B1 2 Phoenix Park PB 6 Pg 80 Legal. Description M-1135 �s IN AFFIDAVIT Before me, the undersigned authority, this day personally appeared Michael Zogby who be o by me first duly sworn, upon oath, deposes and says: z 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as i required by Ordinance No. 9500 of the Code of the City of Miami, Florida, 3 effecting the real property located in the City of Miami as described and 4 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 to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accaTanyiM petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, v aili.ng addresses, phone numbers and legal descriptions for the real property vdzich he is the owner or legal represeutative. 4. The facts as represented inthe application and documents su dtted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. T� (Name1 dichael Zogby Sworn to and Subscribed before me this 2= day of May 19 C . Nut,ary Public, State of Florfda t Laze My Coemission Expires: 514 ..... : T� Lpr .pA f V O�%NER' S LIST Owner's Name Michael Zogby Mailing Address 1205 S.W. 21st Terrace Miami, F1. 33145 Telephone Number 595-7095 Legal Description: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision N. 2 PB 22;47 100 N.W. 77th Street & 101 N.W. 76th Street & 110 N.W. 77th Street 111 N.W. 76th Street Owner's Name Pedro Pelaez f4ailinj 1duresE 11531 S.W. 93rd Street Miami, F1. 33176 'i%icplwne Nur;Vei-_ 595-7097 L(!Qal Descriotir)n: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision No. 2 PB 22/47 100 N.W. 77th St. 101 N.W. 76th St. 110 N.W. 77th St. 111 N.W. 76th St. Owner's Name Fernando Martinez Mailing Address 5981�S.W. llth Street Miami, F1. 33144- T,:lephone Number 264-8012 _ Legal Description: Lots 1 thru 12 inclusive, Block 1 of Capital Subdivision No. 2 PB 22/47 100 N.W. 77th St. 101 N.W. 76ht St. 110 N.W. 77th St & 111 N.W. 76 ST. Any other real estate property owned individually, jointly, or severally .by corLoration, partnership or privately) within 375' of the .subject site is listed as follows: Street Address Legal Description 131 N.W. 77th Street T.nt• 7'7 T.P,•cc t•ha_Nor h 100 Feet Miami, F1. Block 1 Phoenix Park PB8 Pg 80 Street Address 198 8 M., W 7 7t7. St- rapt Miami, F1. Street Address Legal Descrioticn The North 145 feet of Lot 9 Le(tal Description SEE -1135 / 6 DISCLUSUKE OF OWNERSHIP 1. Legal description and street address of subject real property: Lots 1 thru 12 No. 2 PB 22/47 inclusive, Block 1 of Capital Subdivision 100 N.W. 77th St. 101 N.W. 76th St. 110 N.W. 77th St. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties awing 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 all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. SEE EXHIBIT "A" 111 N.W.76th Street 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, SEE EXHIBIT "A" OWNER OR ATTOMEY FOR (BIER MICHAEL ZOGBY STATE OF FLORIDA ) SS: .�� .�. , COOVrY OF DADE ) PEP . PELAE Z 15rf- c1-1 Fernando Martinez FERNANDO 3ARTINEZ Michael Zogby, Pedro Pelaez , being duly sworn, deposes and says that he N the Owner (Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true mid complete; and (if acting as attorney for owner) that he has authority to execute this Disc u�e�f_.Qwmership form on behalf of the owner. MICHAEL ZOGBY �� _ _ �� t' PEDRO R. PELAEZ' FERNANDO MARTINEZ. ' (SEAL) Name SWOKq TO AND SUBK&I before me is day of 7" !Lt , 98_J . My M%WJSSICN F MUM: Q 4 �tiatary Public, S Mate o Florida at Large �. (over) —1135 1/ 0V STATE OF FLOkM ) SS s COOKY OF DAD£ ) IV FERNANQO MASTINEZ MI , being duly sworn, deposes and says that he is the duly appointea of the owner of the real property descri in answer to question #lt above; that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosare•of Dwner- ship form on behalf of the owner. MICHAEL ZOGBY _ PEDRO R. PELAEZ `r ,/' FERNANDO MARTINEZ�,�„« (SEAL) (Name) SVrUFN m AM SUBSCRIBED before me .this Z V s day of lLl - 998 j� / -'lo NOthry P= 1c, State of Florida at Large MY COK4ISSIM' WIRES: -D. By CONTROL, N� '1 r,•� r �rl %to. CMM/wpc/ab/G25 r C EXHIBIT "A" CITY OF MIAMI DEPARTMENT OF ADMINISTRATION FOR PLANNING & ZONING APPLICANT:.MICHAEL ZOGBY, PEDRO PELAEZ AND FERNANDO MARTINEZ Question #2. a. Fernando Martinez owns a 1/3 interest in Lots 9 and 10 and the East 1/2 of Lots 7 & 8, Block 1 of Capital Subdivision, according to the Plat thereof, recorded in Plat Book 22 at Page 47 of the Public Records of Dade County, Florida. b. Pedro Pelaez owns a 1/3 interest in Lots 9 and 10 and the East 1/2 of Lots 7 & 8, Block 1 of Capital Subdivision, according to the Plat thereof, recorded in 1 Plat Book 22 at Page 47 of the Public Records of Dade County, Florida. c. Michael Zogby owns a 1/3 interest in Lots 9 and 10 and the East 1/2 of Lots 7 & 8, Block 1 of Capital Subdivision, according to the Plat thereof, recorded in Plat Book 22 at Page 47 of the Public Records of Dade County, Florida. d. 100 N.W. 77th., St., Miami, F1. (owned by Michael Zogby) Lots 3 and 4 and the East 1/2 of Lots 7 & 8, Block 1 of Capital Subdivision, according to the Plat thereof, recorded in Plat Book 22 at Page 47 of the Public Records of Dade County, Florida. e. Ill N.W. 76th., St., Miami, F1. (owned by Pedro Pelaez) Lots it and 12 and the Went 1/2 of Lots 7 & 8, Block 1 of Capital Subdivision, according to the Plat thereof, recorded in Plat Book 22 at Page 47 of the Public Records of Dade County, Florida. f. 110 N.W. 77th., St., Miami, Flo (owned by Fernando Martinez) Lots 1 and 2 and the West 1/2 of Lots 5 & 6, Block 1 of Capital Subdivision, according to the Plat thereof, recorded in Plat Book 22 at Page 47 of the Public Records of Dade County, Florida. Question N3 a. 131 N.W. 77th., St., Miami, F1. (owned by Pedro Pelaez, Michael Zogby and Fernando Martinez), Lot 27, Block 1 of Phoenix Park subdivision, according to the Plat thereof recorded in Plat Book 6 at Page 80 of the Public Records of Dade County, Florida. b. 128 N.W. 77th., St., Miami, Flo (owned by Pedro Pelaez, Michael Zogby and Fernando Martinez), North 145 feet of Lot 9, Block 2 of Phoenix Park subdivision, according to the Plat thereof recorded in Plat Book 6 at Page 80 of the Public Records of Dade County, Florida. i sr " 113r1 C PLAti ""s Ar ; '85 AN'' —8 A 8 :31 April u, 1985 Pedro Pelaez, Michael Zogby & Fernando Martinez 11531 S. W. 93rd Street Miami, FL 33176 Gentlemen: PELAEZ-ZOGBY SUBDIVISION - TENTATIVE PLAT #1252 The City of Miami Plat and Street Committee, at its meeting of April 3, 1985, 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. -Public Hearing for approval to close right-of-way. -Show Section, Township and Range. 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 E)E vt the property owner's expense. Also, utility easements may be required on the property being platted. Page 1 of 2 DFPARlmt %T Of it o.;C A ORO, "t % '� :nC `trrr; ♦! �iri. r c: .. .. :i� '�4 ^''�8t� —113 _a. �e 1 Pedro Pelaez, Michael Zogby & April 4, 1985 Fernando Martinez 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 i improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire, Rescue and Inspection Services 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. If you have any questions concerning these requirements, plea.5e refer to the attached sheet for the appropriate person to contact. Sincerely, • Geo ge Y. CampbelX/,*rj.,.Chairman, Plat &,streeCommittee GVC:rj Enclosure: Contact Sheet cc: Jose A. Perez, Caribbean Land Surveyor Plat and Street Committee Members File Page 2 of 2 1 f ^M '` L711r `„ 113.E 5