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HomeMy WebLinkAboutR-85-0807J-85-655 5/'l8/85 RESOLUTION NO. 85--807 A RESOLUTION CLOSING, VACATING, ABANT)ONING AND DISCONTINUING THE PUBLIC USE OF' 'CHAT PORTION OF NORTHWESiT 19TH STREET LYING BAST OF THE FAST RT(;HT-0E-4AY LINF: OF NORTHWEST 15TH AVENUE AND WEST OF THE WEST NIGHT -OF -WAY LINF, OF NORTHWFS'T 18TH 5TkEET ROAD (A/K/A WAGNER D0Ul.,FVARn); AT-J., AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #12414-71 "ST. AUGUSTIN SUB." WHEREAS, the Miami Zoninq Board 3t its meetinq of June 3, 1985 Item No. 1, following an advertised hearing, adopted Resolution ZB-76-85 by a 9 to H vote RECOmMENLjING otficial vacation and closure of a portion of a street hereinafter set forth; and WHEREAS, the City ComirdSS ion finds that it is in the test interest of the general welfare of trie City of Miami and its inhabitants to grant the vacation and closure of the street in question and deems it advisable to (30 so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIO'l OF THE CITY OF MIAMI, FLORIDA: section 1. That portion of Northwest 19th Street lying east of the east right-of-way line of Northwest 15th Avenue and west of the west right-of-way line of Northwest 18th Street Road (a/k/a WAGNER BOULEVARD) all as a condition of approval of tentative Plat #1249-A "ST. AUGUSTIN SUB" is hereby closed, vacated, abandoned, and discontinued for punlic use. PASSZWD AND ADOPTED this 25th day of July , 1985. ATTEST: R H G. ONGIE City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney GNM/wpc/ab/486 Maurice A. Ferre MAURICE A. FERRE, Mayor APPVVED,JdP"Tt% FORM AND CORRECTNESS: City Attorne CITY COMMISSION MEETING OF JUL 225 19855 hi S0LU11U;% ;,., SSA© Ff AMA10S CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission eq'.p Sergio Pereira, City Managerk, �/ DATE July 15, 1985 «I.E SUBjE:.- RESOLUTION - STREET CLOSURE PORTION OF NW 19 ST LYING EAST OF NW 15 AVE $ WEST OF NW 18 ST RD gEFERENCES COMMISSION AGENDA - JULY 25, 1985 E4C.OS�PES PLANNING AND ZONING ITEMS It is recommended that the Vacation and Closure of that portion o7—RW-T7 Street ly ng east of the east r g_Tif= of -way line of NW 15 Avenue and west of the west right-of-way line of NW 18 Street Road (A/K/A Wagner Boulevard) be approved. The Zoning Board, at its meeting of June 3, 1985, Item 1, following an advertised hearing, adopted Resolution ZB 76-85 by a 9 to 0 vote, recommending approval of the Vacation and Closure of that portion of NW 19 Street lying east of the east right-of-way line of NW 15 Avenue and west of the west right- of-way line of NW 18 Street Road (A/K/A Wagner Boulevard); as a condition of approval of Tentative Plat 1111249-A, "ST. AUGUSTIN SUB.". One objection received in the mail; two 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 Oepartment recommends: APPROVAL 85-800*41 .. .. - racy - .. . ; vs•}•.v.N�.pry,t'�3 a,y .T',r1-'Rr'r, ap+. b'C rea �Pf F',� {°.v +.• ZONING FACT SHEET LOCATION/LEGAL Portion of NW 19th Street lying East of NW 15th Avenue and West of NW 18th Street Road Tracts "A" & "B" ST. AUGUSTIN SUB. (TENTATIVE PLAT 41249-A) APPLICANT OWNER Civic Tower Associates, Ltd. c/o Jorge M. Perez and Stephen M. Ross as Trustees 2100 Coral Way, PH-1 Miami, FL 33145 Phone # 854-1919 REQUEST Vacation and closure of that portion of NW 19th Street lying east of the east right-of-way line of NW 15th Avenue and west of the west right-of- way line of NW 18 Stret Road; (A/K/A Wagner Boulevard) as a condition of approval of Tentative Plat #1249-A "ST. AUGUSTI•N SUB.'. RECOMMENDATIONS PLAT & STREET At its meeting of February 6, 1985, the Plat & Street Committee approved the above tentative plat subject to the revisions being made to the tentative plat and additional informattion being provided. PLANNING DEPARTMENT APPROVAL IN ACCORD WITH THE CONDITIONS ESTABLISHED BY THE PLAT AND STREET CUMfdI TTEE . e subject portion of the street on y serves the abutting property owner and is not deemed necessary for the overall public interest. PUBLIC WORKS Dedication is requested by plat. •. DADE COUNTY TRAFFIC No objection. & TRANSPORTATION ZONING BOARD At its meeting of June 3, 1985, the Zoning Board adopted Resolution ZB 76-85 by a 9 to 0 vote, recommending approval of the above. t t N.W. 20 ST. oil P.1-1 I 1!m N. W. = a3 i t o t 3.f 3 t03.1 • S • o ,1 =i 8 9 10 11 I N.W. G U A 3 t � 4 a• \ • .. .. . M • : 2 17 S T....�. 14 13 � i' • ' fi °0 11 jZB June 3, 1985 AS 24 AP M-8 ............ Item = 1 tV.W. I6 Portion of NW 19 Street East of w �� � 75 NW 15 A v E W e sg o f MW IS St. At A a mw ' <- �, to • �,r � a=� ;; - j J.i. '-�•� � Wit+.`• ��yvii. 7� ::'`�y}-- �l4 � �: �``s*Ft..,...+.f ' *"-swill . ✓ 't�F. � a �, � 1 Sr 71 -n �y—�+s = .� :ri.�Ki=' .� 7_•M• }-. it i'P. �i�yw ..: �La •�,?!. ', f � ;.t : f �� �,r. �. � : r mot. �~ T�, �- ■ � i ..ate•--+�f j"'-'��� ii.- s �� � '*" r � `+`L+at � �� �� � � jai 1, � lea, ujQ 7i `r l ^]� _ •r � � _ i i n . a:•.- . - r-_- Z n February 3, 1935 i '85 HA ( -7 P 1 :2 1. Mr. Jorge M. Perez and Mr. Stephen M. Ross as Trustees 4125 Laguna Street Coral Gables, FL 33146 Gentlemen: ST. AUGUSTIN SUBDIVISION - TENTATIVE PLAT #1249 /%1,� ►LLB-`'Il RA11MOLP111 B. P.OSE*NC?,.TLZ The City of Miami Plat and Street Committee, at its meeting of February 6, 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. -Clarification by Law Department of half -street closure - N. W. 18 Street Road. -Show underground utilities and full right of way of all abutting streets, including Wagner Creek. -Show adjacent subdivisions. -Clarification of need for Zoning Sector number change. -Hearing by Heritage Conservation Board. -Show N. W. 19 Street as full width easement. -Show existing overhead utilities in 19 Street. In addition to the above requirements, you should be aware of the following: i. 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 tnis plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. Page 1 of 2 J 85-80? .� Mr. Jorge M. Perez and Mr. Stephan M. Ross February d, 1985 3. A building per^iit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. approval for fire flow requirements must be obtained from the Fire, Rescue and inspection Services Department prier to t'ne 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. b. 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, 10, �' CL"ec ge, C �ell ' Jr. , 'lop. _ Chairman, Plat & treet C,e'mmittee GVC: rj Enclosure: Contact Sheet cc: Biscayne engineering Company Plat and Street Committee Members File Page 2 of 2 AU.I :TY „ AIA` I, 71-JR10A '✓ � ' _ '85 ActY -7 R 121 Chairman, Plat and Street February 12, 1985 Committee _ St. Augustine Subdivision Tentative Plat #1249 Diriam Maer Assistant City Attorney In response to your request regarding the legality of closing the "street" as shown in the referenced tentative plat, please be advised as follows: 1. I have reviewed the original 1913 plat which shows the property bordered by Wagner Boulevard (Northwest 18th Street Road). Apparently, the existing Wagner Creek was created within the 60 foot right-of-way as indicated on the plat as Wagner Boulevard sub- sequent to the recordation of the 1913 plat. 2. Since the creek cannot be closed and the City of Miami Code does not provide for closure of portions of streets, it appears that the closure as proposed by the developer cannot be permitted. Mitigating circumstances would include: a) a recorded instrument reducing the right-of-way to exclude the creek, and b) a determination that the "street" is in fact merely an easement or alley to provide main- tenance of the creek. Please advise me if further information is necessary. GMM/bjr 85--80'7 �1 iwr,er' s 'game Civic Tower Associates, Ltd. -aiiing rCdress 21UU Coral �Vav, P1i-1, ti►iami, loriaa JJ1iJ "elepnene 'lur:;er ( 305 ) 604-1u19 Legal '�escrirt1cn: Tract "A", VENAGU SL:BDiViSION, according to the plat thereof recorded in Plat Book 117 at Page 20 of the Public Records of Dade County, Florida (toned RG-3/7•). Owner's 'lane Jorge M. Perez and Stephen M. Ross, as Trustees Mailing Address 2i00 Coral Way, PH-1 Miami, Fluriaa 3:3 -ti f Tele^hone dumber ( 305 ) �sb4-1919 r Legal Oescri pti cn: Lots 30, 31, 32, 33, 34 and 3b , Block BRADDUCK SUBDIVISION NO. 4, according to the plat thereof recorded in Plat Book 3 at Page 61 of the Public Records of Dade County, Florida (Zoned RG-3/6). Owner's game Mailing Address . Tel ephcr.e Number Legal Description: 4 Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address T. M. ALEXANDER PLAZA 1400 N.W. 19t1i Street Miami, Florida Street Address Street Address Legal Description Lots 1 thru 16 , inclusive, Block 3, less the Last 10 reetht of Way, BRADDOCK SUBDIVISION, Number 4, as recorded in the Public HFU657ds of Dade County, Florida, in.Plat Book 3, at page 1. Legal Description Legal Description RE VED4"" By CISCLkSCfiE OF CWNEPSHIP A CONTROL _ Le -',al description and street address of subject real prcper_..,: "SEE ATTACHED EXHIBIT" 2. Owner(s) of subject real property and percentage of ownership. Nnr:: Citv of :4iami Ordinance No. 9419 rewires disclosure of all parties havinq a financial interest, either direct or indirect, in the suDject niter of a presentation, request or petition to the City Ccmmission. question 42 requires disclosure of all shareholders of c�rncr3ticns, beneficiaries of trusts, and/or any other interested parties, LcA;ft;.er with their addresses and proportionate interest. "SEE ATTACHED EXHIBIT" 3. Legal description and street address of any real property (a) owned by any party listed in answer to question F2, and (b) located within 375 feet of the subject real property. T. M. Alexander Plaza: 1400 N.W. 19th Street :Miami , Florid��A. , gs Lots 1 thru 16, inclusive, Block 2! lZss th East 10 feet for Right of Way, BRADDOCK SUBDIVISION, Number 4, as recorded in the Public Records of Dade County, Florida, in Plat Book 3, at Page 61. Jorge M. Perez, President of STATE OF FLORIDA ) SS: RELATED HOUSING CORPORATION OF FLORIDA, COt 14Y GF DADE ) a General Partner a. President of Jorge M. Perez, General Partner , being duly sworn, deposes and says that ne is the (Cwner) (Attorney for Owner) of the real property described in answer to question 41, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. ,Forge .M- Ferez, President SWOM `M AND SUBSCRI F D RELATED HOUSING CORPORAT I Oh before me his OF FLORiDA, General Partner day of , 9� h t� r�b11C, � ate W FlcriJa at Lar;e h?Y CJti.NiISSIJaEK.FI.t''tE'S: (over) 85-807 P STiuE OF FLCRIDA ) SS: CC)(.1.'IY OF CADE ) a. Jorge M. Perez being duly s,,rjrn, deposes and says that ne is the duly aplci-nted Pregident of General Partner the owner of the real property descritpo in answer to question ti, acove; that he has read the rore-.oing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner. S.vUr-N TO NZ SUP,.&:FSBZD c,--fore me this day of 198 �5. �11. CC, .:issicN EX-F iREB: (3,4%vwpc/ab/G25 (SE.',L 1 Jorge 5f. President RELATED HOUSING CORPORATiuN OF FLORIDA, General Partner 'o a Puelic, State of Florida at Large STATE: OF FGJRICA CC(TfI'Y' CF DACE b- CONTROL No. JORGE M PEREZ being Juiy .;worn, ieccses and C r) t x�CDi-st')oYNwXag= of the real property says that ne is the ( -na described in answer to tiuusticn 41, abcve; that he has react the foregoing answers and that the sa.re are true and ccn.Plete; and ( if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the cvmer. S',GFA 'M AIZ SUBSCRIG before his day ofy9 mY COYMSSI7. EQ�.PI::FZ: STATE OF ELCRIDA ) SS: COUMY OF DADE f L� ax'e Jorge H. Perez 4NCa ublic, State o Florida at Large JORGE M. PEREZ , being duly sworn, reposes and says that he is the duly a property Y y appointed Owner of P P Y � the owner of the real property described �n answer to question , aoove; that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner. Jorge Perez SW.)FN TO Add S "F.I before s day of , 98.11). 4,-okaxo'ruDlic, scat_ e L Florida at Large rY cckl.'lIssia. E:::: ALS: 'L i 0 MIBIT Legal Description: CIVIC TOWER ASSOCIATES .1855 N.W. 15th Avenue Miami, Florida Tract "A"", VENAGO SUBDIVISION, according to the plat thereof recorded in Plat Book 117 at Page 20 of the Public Records of Dade County, Florida (Zoned RG-3/7). 13 B5-807 k. MMIBIT Lestal Descriiption: SUBJECT REAL PROPERTY St. Augustin Project Lots 30, 31, 32, 33, 34 and 35, Blocky, BRADDOCK SUBDIVISION NO. 4, according to the p at thereof recorded in Plat Book 3 at Page 61 of the Public Records of Dade County, Florida (ZOned RG-3/6). 8 -807 � � 411 k Lr EXHIBIT 1. Legal description and street address of subject real property: a. CIVIC TOWER APARTMENTS 1855 N.W. 15th Avenue Miami, Florida 33125 Legal: Tract "A". VENAGO SUBDIVISION, according to the plat thereof recorded in Plat Book 117 at Page 20 of the Public Records of Dade County, Florida ( Zoned RG-3/7) . b. Legal: Lots 30, 31, 32, 33, 34 and 35, Block �',2 tdO BRADDOCK SUBDIVISION No. 4, according to the plat TOO � thereof recorded in Plat Book 3 at Page 61 of the Public Records of Dade County, Florida (Zoned RG- 3/6). 2. Owner(s) of subject real property....... a. CIVIC TOWER ASSOCIATES, LTD. Related Housing Corporation of Florida, a General Partner 2100 Coral Way, PH-1 Miami, Florida 33145 b. Jorge M. Perez 50% 2100 Coral Way, PH-1 Miami, Florida 33145 Stephen M. Ross 50% 2100 Coral Way, PH-1 Miami, Florida 33145 REC VLED By CONTROL No. 85 -so"� V. EXHIBIT B THIS STATEMENT WILL SERVE AS NOTIFICATION THAT ONLY THE FOLLOWING LIMITED PARTNERS OF CIVIC TOWER ASSOCIATES, LTD. OWN MORE THAN 5%: Allen & Cynthia Heath 7.5992% Lando, South Carolina 29724 (803) 789-5783 Henry Miaucci, Declaratory Trustee 7.5992% 3792 N.E. Ocean Blvd Stuart, Florida 33457 Phone No. not listed. RELATED HOUSING CORPORATION OF FLORIDA, General Partner WITN SSED BY: resident The Related Corn, .iies. Inc. A i Y LIST OF OFFICERS President: Jorge M. Perez Vice President: Stephen M. Ross Dena Spillman Bruce Jarvis Secretary: Stephen M. Ross Assistant Secretary: E. Richard Alhadeff Ligia C. Vallejo Treasurer: Eli Frenkel 85-807 ROWtO OF A"Oftmtr RAMCO ROOM Ie ♦ il -3 ? 2 :'0 Know RK Men By lime presents That CIVIC TOYER ASSOCIATES, LTD. has made, constituted and appointed, and by these presents does make, constitute and ap- point ADOLFOALBAISA------------------------------------------ true and lawful attorney for i t and in its name, place and stead a p p 1 y to the City of :Miami, in its name, for the rezoning, plating and closure of street right away of the real property described in the attached Exhibit and made a part.hereof, with power to represent the grantor of This Power of Attorney at all administrative levels and/or hearings, as may be necessary to obtain said rezoning, plating and closure of a street right away. Well understood that the grantee of this Power of Attorney will pay for all the expenses related with said rezoning, plating and closure of a street right away. giving and granting unto ADOLFO ALBAISA-------------------- said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirm- ing all that ADOLFO ALBAISA------------------------------------ said attorney or His substitute shall lawfully do or cause to be done by virtue hereof. in Jlitnrss lfhereof, they seal the 30th day of May hundred and Eighty Five. have hereunto set their hand and . in the year one thousand nine SealAd and #liue e d ' the presence o/ CIVIC TOWER aS��ETES , LTD. ........... .....................,.......,.._.�./... ..... ..� ....... .............(L. S.) org Perez, President . r1 •- ... ................... .... ...... ....._...._ of General Partner �. St1tt Of FLORIDA (00ty Of DADE I;e It mown, That on the 30th day of May, thousand nine hundred and Eighty Five a resident and Notary . before me. Ligia C. Vallejo Reyes in and for the Slate of Florida one duly commissioned and sworn. dwelling in the 1U241 SW 27th Street, Miami, Florida personally came and appeared JORGE M. PEREL-------------- to me personally known, and known to me to be the same person described in and who executed the within power of attorney, and he acknowledged the within power of ottorney to be his act and deed. n THUMORY Whtrt0f, 1 have hereunto subs ribrd my na a nil affixed scat o/ offlee the day and year last above written. �... S.1 i n, r EXHIBIT Legal Description: CIVIC TOWER ASSOCIATES 1855 N.W. 15th Avenue Miami, Florida Tract "A", VENAGO SUBDIVISION, according to the plat thereof recorded in Plat Book 117 at Page 20 of the Public Records of Dade County, Florida (Zoned RG-3/7). I !IL I POWER OF ATTORNEY RAMCO FORM AS -C Know R11 19en By These Presents That JORGE 11. PERE[, and STFPHEN !,i. ROSS ha ve made, constituted and appointed, and by these presents do make, constitute and ap- point ADOLFO ALBAISA--------------------------------------------- true and lawful attorney for them and in their name, place and stead apply to the City of Miami, it their name, for the rezoning, plating and closure of street right away of the real property described in the attached Exhibit and made a part hereof, with power to represent the grantor of This Power of :attorney at all administrative levels and/or hearings, as may be necessary to obtain said rezoning, plating and closure of a street right away. Well understood that the grantee of this Power of Attorney will pay for all the expenses related with said rezoning, plating and closure of a street right away. giving and granting unto ADOLFO ALBAISA-------------------- said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes. as he might or could do if personally present. with full power of substitution and revocation, hereby ratifying and confirm- ing all that ADOLFO ALBAISd------------------------------------ said attorney or Their substitute shall lawfully do or cause to be done by virtue hereof. ]n JobtSS Iffiere0f, they seal the 30th day of hundred and Eighty Five. Sealed a delivered i the presence -of State FLORIDA COunty Of DADE Pe It KOM, That on the 30th have hereunto set their hand and Nay . in the year one thousand nine ............... (L. S.) — Stephen t n(M�-Ross---------- <r S. ) day of May Orr thousand nine hundred and Eighty Five , before me. Ligia C. Vallejo Reyes a resident and Notary in and for the State of Florida i duly commissioned and sworn, dwelling in the 10241 S.W. 27th Street, Miami, FloridaI personally came and appeared Jorge M. Perez and Stephen M. Ross to me persunally known, and known to me to be the scme persons described in and who executed the within power of attorney, and they acknowledged the within power of attorney to be their act and deed. fit Testimony Ighefe0f, 1 have hereunto subs ribed my narr.r a. atli-ed my sill of office the day and year last ,above written. 1 85--80"i w Legal Description: SUBJECT REAL PROPERTY St. Augustin Project (� Lots 30, 31, 32, 33, 34 and 35, Block , BRADDOCK SUBDIVISION NO. 4, according to the p at thereof recorded in Plat Book 3 at Page 61 of the Public Records of Dade County, Florida (2Oned RG-3/6). ,f .. I, 85-y4n07,