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HomeMy WebLinkAboutR-83-10809 4 J-83-914 RESOLUTION NO. 83-1080 A RESOLUTION CLOSING, VACATING, APANDONING AND DISCONTINUING THE: PUBLIC USE OF THE ALLEY LOCATED + 130.22 FEET WEST OF THE WEST RIGHT-OF-Tti'AY LINE OF NORTHWEST 14TH AVENIIF AT NORTHWEST 19TH STREET AND RUNNING SOUTH OF THE SOUTH RIGHT-OF-WAY LINT OF NORTHWEST 19TH STREET FOR A DISTANCE OF + 140.31 FEET TO A POINT AT WHICH SAID ALLEY TURNS WEST AT AN APPROXIMATELY 900 ANGLE AND CONTINUES FOR A DISTANCE OF + 55.94 FEET TO THE LIMIT OF THE PROPOSED PLAT; AS A CONDITION OF APPROVAL OF TENTATIVE' PLAT #1213, "T.M. ALEXANDER SUB". WHEREAS, the Miami Zoninq Eoard at its meeting of September 19, 1983, Item No. 5, followinq an advertised hearing, adopted Resolution ZE-145-83 by a 5 to 0 vote RECOMMENDING official vacation and closure of a street as hereinafter set Eorth; and WHEREAS, the City Commission deems it advisable and in the best interest of the qeneral welfare of the City of Miami and its inhabitants to grant the vacation and closure of the street in question; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The alley located + 130.22 feet west of the west right-of-way line of Northwest 14th Avenue at Northwest 19th Street and running south of the south right-of-way line of Northwest 19th Street for a distance of + 140.31 feet to a point at which said alley turns west at an approximately 900 angle and continues for a distance of + 55.94 feet to the limit of the proposed plat; as a condition of approval of tentative plat #1213, "T.M. ALEXANDER SUB", is hereby closed, vacated, abandoned and discontinued for public use. PASSED AND ADOPTED this 18th day of November , 1983. ATTEST: Maurice A. Terre MAURICE A. FERRE, Mayor F—RAIRPH G. ONGIE ty Clerk CITY COMMISS OI N MEETII1C OF Nov 18 1983 SOLUTION fjo.63-11 s PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: SE R. GARCIA-PEDROSA ity Attorney GMM/wpc/136 -2- 83-1080 16 42 CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM TO Howard V. Gary DATE September 27, 1933 FILE City Manager SUBJECT. RESOLUTION - RECOhIMEND APPROVAL STREET CLOSURE ALLEY BOUNDED BY NW 19 ST, NW 14 AVE FROM A r e REFERENCES. & WAGNER CREE;: Director COM14ISSION AGENDA - OCTOBER 27, 1983 Planning and Zoning Boards ENCLOSURES: PLANNING AND ZONING ITEMS Ad,-ini.stration_Depar_tment_ It is recommended that the request for the Official Vacation and Closure of the alley bounded by NW 19 Street. N14 14 Avenue and Wagner Creek be approved. The Zoning Board, at its meeting of September 19, 1983, Item 5, following an advertised hearing, adopted Resolution ZB 145-83 by a 5 to 0 vote, recommending- approval of the official vacation and closure of the alley located + 130.22, west of the west right-of-way line of NW 14 Avenue at NW 19 Street and running south of the south right-of-way line of NW 19 Street for a distance of + 140.31' to a point at which said alley turns west at an approximate 900 angle an3 continues for a distance of + 55.94' to the limit of the proposed plat; as a condition of approval of Tentative Plat #1213 - T.M. ALEXANDER SUB. 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 recommendation: APPROVAL 83-1080 t ..� 4r.� �►...+.,�.Iawwlri'i�4!•e!eY� '�'W!Yt'r11`,"grew.. �.:. .-n:. ..e..►,.�•.�.. �.-.�_•...-�rvw. _•=+.!7��. ..4E<N'..r;+.:+�M!K."0..7'�M�..s.P.I:.M'Le..�b.}�'T•s-Mt�^s,"1tik.Kf!aWLn►. y'�r?++err.'r..�..'. .rb 4; i �'.�.rr'1M`.. ... ZONING FACT SHEET LOCATION/LEGAL Alley bounded by N.W. 19th Street, N.W. 14th Avenue and Wagner Creek Tract "A" Tentative Plat #1213 "T. M. ALEXANDER SUB". OWNER/APPLICANT Julius Darsky, Trustee 5500 Collins Avenue, Apt T-1 Miami Beach, Florida 33140 Phone No. 865-0425 Stuart H. Altman (Attorney for Applicant) 25 W. Flagler Street - Fifth Floor Miami, Florida 33130 Phone No. 358-6550 REQUEST The official vacation and closure of the -alley located + 130.22 feet west of the west right-of-way line of NW T4th Avenue at NW 19th Street and running south of the south right-of-way line of NW 19th Street for a distance of + 140.31 feet to a point at which said alley turns wes-E at an approximate 900 angle and continues for a distance of + 55.94 feet to the limit of the proposed plat. This petition is one of the conditions for the approval of Tentative Plat #1213 - "T. M. ALEXANDER SUB". RECOMMENDATIONS PLANNING DEPT. APPROVAL As the subject site is under unified control ana ownership, the subject alleys, which are not currently open and improved, do not serve a public purpose. The closure of the alleys will benefit the public by permitting a single unified development. PUBLIC WORKS PLAT AND STREET COMMITTEE Dedication required by plat. Recommended approval of the alley closure in conjunction with Tentative Plat #1213. ZONING BOARD At its meeting of September 13, 1983, the Zoning Board A' continued to September 19 for the applicant or his legal representative to be present. At its meeting of September 19,. 1983, the Zoning Board adopted Resolution ZB 145-83 by a 5 to 0 vote, recommending approval of the above. ' n3-1080 .. •.r.�.•r!.•... �....•..r..r,:.-�i+!a:#'.�v Va yr :a.+�..w:►R.9.��.Y';� _ _.:�: :�i .. ..: .^_.�•�' Zr!+����. '. � -' r' � + +r:ii-r'?VS.':.�}I:v�:+ +: R'..w-e.s.•,V:.. .. •r�y ��-.�11�1: •.:'��'v'. .,, �':M•'N• �,�Vw :.+.•:tier .+,..a .an. �2,i� ^�."+cr'�'. �-. ^t _ ti:.. _ .( c' i!1 •• r�!!4',,,•a• a. ✓t:yr ;.4ie..awwr.`✓+., .,... . �� ..•.. ... ..�_) N ' W' 20 5T. �i M It its 10 R N 8 Z 1 G 1/7 t 6 , ttt ' TR. A 1 jL I •r, SUB. a N.W. e N.W. - i� !r 5 19 \281 !9 TRALT—A VEN4GO USnIVIS1O R CT—B 17 G U 01-8 F 14 12 ' i p 3 � S . I O � �,✓. e 1 4 4 j' 3 Zr1 .. • a w • • 23 1 � I '� N.ti11. • 16, -ST. tLi IoS 16 SO 50 120 40 SO SP 47.714 ti 7 !.�►� 1 2 ie a f2 v/ 7 — t T '• 9 5 ' 10 4 ,, eZ / Z g Q / s September 12, 1983 LO 83-1080 AS 141 N Nk. 40- - M� oft.- �' M.IR-.1. I'f .a;y�;.�1,4;,,y,:qq.nyeir�i++citi.•F�e3k:s-r�:.••r>!�r�.:•;n.. �.;.s.. e:+tit►':�{•c. u.-.• .t �•,...'a.,�o...t�l•++tr^c:•uw:.v•�nl+tti'14�a!�S>.�It:+3'!'l+'+y�J-yal►A1e4.a.+y�A.: :�.-� `�a.'+r;�.v.+.c„-at:..`�=?-4., •?r ::�•.. ,•n-, �:ti....., . :'�,:,•:�e«.�»;w:.51-%�4• .a�"u:.",5:i."U:'to...�.t�`!,^. �.i1R:.l�i 'yaawt�r..,r..pa�tia.ar-a. ter_ ^6 w.' ♦ 4- .•+a -Y.lT•1!re�N:Yy�:J.''- i September 7, 1983 Mr. Julius Darsky, Trustee 5500 Collins Avenue Tower One , Miami Beach, FL 33140 Dear Mr. Darsky: T.M. ALEXANDER SUBDIVISION - TENTATIVE PLAT #1213 The City of Miami Plat and Street Committee, at its meeting of August 31, 1983, approved the above tentative plat subject to site plan review by the Zoning Division of the Department of Fire, Rescue and Inspection Services and 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. -Correct zoning reference. -Show Survey Tie to Government Monument. -Correct title - Range, Township, etc. -Show existing canal easement on westerly side of canal. -Environmental Preservation District. . 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, land- scaping, 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. Page I of 2 DEPARr%lE%( Of i't R11C v.ORKS :7i `1% :n.1 St. cut %lone,. i14,rn1,t 111:3 •1105 i'4 6dia 83--1080 DoNAtF) v., rj,Iii° z, P f / f r••.'nr �y��� .�.w+�+;wwP.rate..�►-..-R.'-M`!v'�'!�'Lns..ri. �.�•.!.`��..,,�t..:L_��fs:.�_�_`��''�yiC�f.`;. li��'17�1N:i�jT.'fYNJ!`'f�Cr?++FT!'A^N'..i av; t'.YbwD•: ^1Cw.'^^'S"r� ._... T..�."'._ .. .. _ .. Als Mr. Julius Darsky September 7, 1983 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. 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, please refer to the attached sheet for the appropriate person to.contact. Sincerely, George V. Campbell, Jr., P.E. Assistant Design Engineer GVC:rj Enclosure: Contact Sheet CC: Biscayne Engineering Company Plat & Street Committee Members File ,;. Page 2 of 2 83-1080 S I%M;m U :1Z.• TLA �• uJ• B3 forc ^e, t!;e^a_rciv _ authority, thiz ay, Stuart H. Altmn, as attorney in aPP I Xi fn� for IU1 i tic Darskv as_. Trustee, Who bcirq by me il:::t duly upon oath, deposes and says: 1. That he is the a.mer, or the legal representative of the a.,ner, sut:zitting the aecc:rp3nyir,3 application for a public hear•i.r:; as required by QRiin.nce No. S500 of the Code of the City of Miami, Florida, e£fect=*Z 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 o:mers which he represents,. if any, have given their full and co,rplete permssion for him to act in their behalf for the ch or modification of a classification or regulation of zoning as set out in the accc.. _zrjri_-Z petition. 3. That the panes attached hereto and made a Far.—.. of this affidavit contain the cu:-ent P2m es, rraili_,o addresses, phone ni:r ers and legal desc=:ticns for the real pr ;erty which he is the owner -or legal re^rresentative. 4. The facts -as represented in the application an d dog.-. nts s.:. 'ted in conjt` cticn ::nth this affid a�rit are true and correct. R—c-ther kffiart sayeth not. i &Iorn to and SuYscYibed before me . this day of &M 5t 1983 zz�z c�.zz�2 hiotary Public, State of Florida at Large Ny Commission Expires: Notmy PubCc. State of Honda at tempo My comrtiaswn Expbas May 3, 1985 goaded thru Meymmd Bonding Asmr-Y 83=-1080 5 L I ST O-wner's Name Tul ills Darskv_ Trustee failing Address' 5500 Collins Avenue, Apt. T-1 Telephone Number 865-0425 Miami Beach, FL 33140 Legal Description: Lots 1 through 16,Block 3, Braddocks Subdivision No. 4, according to the Plat thereof recorded in Plat Book 3, Page 61 of the Public Records of •Dade County, Florida. owner's Name " Mailing Address Telephone Number Legal Description: 0►mer's Name '• ti Mailing Address Telephone Nunber Legal Description: Any other real estate propert. •n•:ned individually, jointly, or severally (by corroration, partnership ;. privately) within 375' of the subject site is listed as follo:•is: Street Address Legal Description Block 2 Lots 30 to 35 N/A Braddock S/D #4 Street Address Leaal Description Street Address Leaal Cescriotion 83-1080 OISUC)SUFNE OF Ch^11ERSH1P 1. Legal description and street address of subject real property: Lots 1 through 16, both inclusive, Block 3, Braddock Subdivision No. 4, according to the plat thereof recorded in Plat. Book 3 at Page 61 of the Public Record of Dade County, Florida . 2. Owner(s) of suLs sect real proms. , and' percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving 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 Schedule attached. 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. Lots 31 through 35, both inclusive, Block 2 of Braddock Subdivision No. 4 acording to Plat thereof recorded in Plat Book 3 at Page 61 of the Public Records of Dade County, Florida. STATE OF EWRIDA ) SS: COUiV`I'Y OF DADE ) Stuart H, ALTMAN , being duly sworn, deposes and says that ne is the (Attorney for Owner) of the real property described in answer to question #4 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 Di s osure of Ownership form on behalf of the owner. SWOR] TO AMID S BED before me this day of Aucust , 983 . W CO.M ISSION EXPIRESS: Notary Pub9c, Ststa or r orc;:i at large W Co mw cion Exppres Msy 3. IWS Smded Cuu PA:Wi xd Dor 401 Aar tcV Stuart H. Altman r i 'Notary Public, State o Florida at Large 83-10®0 (over) SCHEDULE OF BENEFICIARIES RECORD OWNER: JULIUS DARSKY, as Trustee LEGAL DESCRIPTION OF PROPERTY: Lots 30 through 35, inclusive, in Block 2, and Lots 1 through 16, inclusive, in Block 3, in BRADDOCKS SUBDIVISION No. 4, according to the Plat thereof, recorded in Plat Book 3, at Page 16, of the Public Records of Dade County, Florida. RICHARD DARSKY SAM GOLDMAN WILLARD BEAR ALLEN LOCKSHIN STUART GILLER MABEL DARSKY TESTAMENTARY TRUST JULIUS DARSKY, as Trustee N. H. DARSKY TESTAMENTARY TRUST FOR SHARON LERNER JULIUS DARSKY, as Trustee JULIUS DARSKY SAM PUDER BERTRAM LOCKSHIN ROBERT LOCKSHIN SHIRLEY LERNER «• 14 Leatherstocking Lane Mainaroneck, New York 10513 Cascade Building South Main Street Akron, Ohio 44308 c/o Paine, Webber Ohio Building South Main Street Akron, Ohio 44308 9055 Gaylord Street, Suite 100 Houston, Texas 77024 891 Westgrove Akron, Ohio 44303 5500 Collins Avenue, Apartment T-1 Miami Beach, Florida 33141 5500 Collins Avenue, Apartment T-1 Miami Beach, Florida 33141 5500 Collins Avenue, Apartment T-1 Miami Beach, Florida 33141 11195 S. W. 70th Avenue Miami, Florida 4750 N. W. 128th Street Road Opa Locka, Florida 33054 1251 - 98th Street Bay Harbor Islands, Florida 3760 Chase Avenue Miami Beach, Florida 33140 33154 LAW OFFICES OF FOWLER, WHITE,BURNETT,HURLEY, BANICK 6 STRICKROOT A PROFESSIONAL ASSOCIATICN, FIFTH FLOOR CITY NATIONAL BANK BUILDING, MIAM1, FLORIDA 3313083-yo®V •.��:j.%�'w.►a';�•„'�1=.�9Ji�9CEi+1!-'r�:,Y;!`i?�l'i''.r3r�t,..c.`i�'Z•'. �'�GM��t?tii.:•r«teif:. wi+'._�...a4_�-r$i-k?Af-Y.;•.2w,�+,,`„a-•ew�':a'�?ki"\!CW:A�ti:#•:s ..A -.a u:.. r�u�i _ .,..;. �'r .� =?►��`: '._ .. fl�.r.,'+�.+Mir.4- _..,. c..,. --.«.a.:..y-r:p.w:;awr,r•r-^�ta;'ti+�•�...-,,�;,�y•x.•_,.el:'a'�..4�--�r•.... t::�•�;'..: ;1;.•:. E N POWER OF ATTORNEY The undersigned, Julius Darsky, individually and as Trustee, hereby nominates, constitues and appoints Stuart N. Altman and John C. Strickroot, acting jointly or severally, as his true and lawful attorney in fact to represent him in connection with, and to execute documents on his behalf, in respect to the real property legally described as follows: Lots 30 through 35, inclusive, in Block 2, and Lots I. through 16, inclusive, in Block 3, in BRADDOCKS SUB- DIVISION NO. 4, according to the Plat thereof, recorded in Plat Book 3, at page 16, of the public records of Dade County, Florida, a portion of which is to be platted as T. M. ALEXANDER SUB. This power of attorney includes the right to execute any and all documentation which may be required in connection with an application to vacate an alley that presently crosses all or a portion of the property, and also includes the right to execute documentation relative to a re -platting of the property. Dated this / 7 -el� day of August, 1983. Witness: dividually and as Trustee 83-1.0 .•.w �ag�1:•i;Yy$L 4%kL4li.ii/11±�..��Si7i�;fs r•. ..:;_ , ..=r:r,'�'��•r�,.'.'r•�. •;.,•�.. -. �_ •- - .►`�6};'•J.`'Y''i`�.c�y.7Vi'titL'T•i:.L'tt��°•YAn4"'4��'•Y?"..t"..�:'YA:-:": ;�^.:i�ti'''^:r..� ,.�✓�..hqf+(�:W+iiV4wr{i:wip,tt �i.7'�I..vi.Y��'C,:..'��c:ri..n::;.!-;AW+<>jir}+AJ!►7:�r.!"!4'i'r�,r.✓r.:�•.�..�t 1 G STATE OF MICHIGAN COUNTY OF WAYNE Before me, the undersigned authority, personally appeard Julius Darsky, individually and as Trustee, who after first being duly sworn, deposed and stated that he executed the foregoing power of attorney for the uses and purposes therein expressed, this /7,1-1,- day of August, 1983. • r, Notary Pub] Lc My Commission Expires April 5, 1986 CONSTANCE A• SYPNIBWS a Norery Public, Oakland county, Michigan Acrlag in Wayne County XIT Commission Expires April 5, 1936 Ar 83-108U