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Home My WebLink AboutR-83-0356:J* J-83-371 RESOLUTION NO.-.'Z--.`� i A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST 54TH AVENUE LYING SOUTH OF THE SOUTHERLY FIGHT -OF -WAY LINE OF SOUTHWEST 7TH STREET FOR A DISTANCE OF + 113 FEET AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1150 "GENESIS SUBDIVISION". WHEREAS, the Miami Zoning Board at its meeting of [March 7, 1983, Item No. 10, following an advertised hearing_, adopted Resolution ZB 36-83 by a 5 to 0 vote RECOMMENDING official vacation and closure of a street as hereinafter setforth; and WHEREAS, the City Commission deems it advisable and 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 question; NOW, THE;REFOEE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That portion of Southwest 54th Avenue lying south of the southerly right-of-way line of Southwest 7th Street for a distance of + 113 feet as a condition of approval of Tentative Plat #1150 "Genesis Subdivision", is hereby closed, vacated, abandoned, and discontinued for public use. PASSED AND ADOPTED this 1983. ATTEST: kALF G. ONGIE ity Clerk F PREPARED AND APPROVED BY: 28th day o f April , Maurice A. Ferre Maurice A. Ferre, Mayor APPROVED AS TO FORM AND CORRECTNESS: IRIAM MAER OSE R. GARCIA-PEDROSA Assistant City Attorney City Attorney wpc/ab/038 CITY COMMISSION, MEETMC OF APR 28 1983 RESOWh� .. „.. 83-356 RE�d,�RKs. 33 CITY OF ��11At�1, FLORIDA INT-Z-OFF ICE MEM0RANDUM TO: Howard V. Gary DATE. City Manager S U SJ E:CT Q kA�e -�09urel io E. Perez-Lugones AZF-,PENCES Director Planning and Zoning Boards [NCLC:SURCS: Administration Department March 9, 1983 FILE! RESOLUTION - RECOMMENDED APPROVAL STREET CLOSURE - PORTION OF SW 54 AVENUE LYING SOUTH OF THE S'LY RIGHT-OF-WAY OF SW 7 STREET FOR A DISTANCE OF + 113' COMMISSION AGENDA - APRIL 28, 1983 PLANNING AND ZONING ITEMS "It is recommended that the official vacation and closure of that portion of SW 54 Avenue lying south of the sou herly rignt-oT-way Tine or aw i btreet Tor a distance o + e approved." The Zoning Board, at its meeting of March 7, 1983, Item 10, following an advertised hearing, adopted Resolution ZB 36-83 by a 5 to 0 vote, recommending approval for the official vacation and closure of that portion of SW 54 Avenue lying south of the southerly right-of-way line of SW 7 Street for a distance of + 113' as a condition of approval of Tentative Plat #1150 "GENESIS SUBDIVISION". One objection received in the mail; nineteen replies in favor received in the mail; five proponents present at the meeting. Backup information is ;ncluded 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. GF:111 cc: Law Department NOTE: Planning Department recommendation: APPROVAL 83-35C: .:-tr%{a •r•- :Y. - ,..: C..-.�:^-f y._r .. ..: •Y-�i-fin • ..:n•_r .y- �.. ._•.C'r Cf23:�'a:-•s+•?a"s'?�;.^��" ..a^.�r.�Lt�CA�;+i;.far;r%Y.3+�+w't��a-+-:ai+./A».a►'�VM.•.wr►w.....:�.. ...�•,d-t.� .. .. a•�., •�v: -a.^-7.`• .. •,-•.. .... ..-. _ :;:=•c:►'C.. ✓..'.•!��. _ -�i^•�._ ZONING FACT SHEET LOCATION/LEGAL That portion of SW 54th Avenue lying south of the southerly right-of-way line of SW 7th Street for a distance of + 113' TenTative Plat #1150 "GENESIS SUBDIVISION" OWNER/APPLICANT David D. Phillips as Personal Representative of Estate of Sara C. Lake, Deceased Suite 410, Biscayne Bldg. 19 W. Flagler Street Miami, Florida 33130 Phone #379-2655 REQUEST' The official vacation and closure of that portion of SW 54th Avenue lying south of the southerly right-of-way line of SW 7th Street for a distance of + 113' as a condition of approval of Tentative Plat #1150 "GENESIS SUBDIVISION". RECOMMENDATIONS PLANNING DEPT. APPROVAL. The vacation and closureof SW 54th Avenue should not have a major impact in the circulation pattern for the area, PUBLIC 'WORKS Dedication is required by plat. ZONING BOARD 3/7/83 ZB 36-83, Recommended approval by a 5-0 vote. 83-356 TENTATIVE PLAP�115C GENESIS SUB, S- W 7 5-1- 83-356 CITY OF MIAMI PLANNING DEPARTMENT •. ^ David D. Phillips as Pers.Rep, of`�ly Paa.. -3 Estate of Sara C. Lake, Deceased, ho �,c by r,,c fir:.., dull u^•_n c::th, dep^sec ..:.d he iz cancr, or the legal repr "• . r ,. , c��nt;,t_••e of t `, 0'•r , .J44..JtVLr j th .+mot .�••.tr �� a.:pilcation for a public h�...au—n'D as -� ' by Q .ar :r:cc �Io. E3;1 of Lt:e Code of the City of i� ' a� � req..ircd ^_4 d� :i, F.c:-ida, effoct:Lng the rc3l prcec; .y iocated in the City of i','Liam, is deoc: ibed and listed 0:1 the pages attac::P_d tO ti1iz a.ff .ida.vit and rode a part thereof. 2. Tha:, all c•::^.crz he rcpresents, if any, ha%e gi•te.^. full Mmmlete p0,—Io;isn fcr ti'. n t0 act in their Ce�7.lf fcr the v) - o. •,:d_"icat. icn of a claz,-z.....+Vation or t_Iation of ..•--..".•' as set cut _n t1._ G\..=.....= ry V�.riwJ.....i• 3. T: .t th_ p.� - attaz.ed hereto and male a pa of t:4s 2`'f ...r :'lt CC :t.•1 the Cl: : c t ._ ;.,'S, rr:�li., . v tar , t"dar'CS� �S F�1C: e J .....C�;'- 2.^d le�a1 desc:--ticr.s for t:.e re-' Yr:,pe:-c; ;;hich he is the_cwner or leg-? ram: ^ase.^. at�Ve. 4. The facts az re- A i • n d .. e � ^e. --eared in the apYiicat_c a. cc..,�..�..ts cc^,;I,;. ` ic:i ,.dt:-i tric af_ ida . it are true and cc:-•ect . 5. See addendum below -- part of this affidavit. F1:_ her k cif t _ .`t sayeth :ot . S:: ,rn to and Subccribe3 before me this day of January, 19 83 . Nota.I Public, State of Florida at Ia.rge -� (SEi�It David D. Phillips as Personal Representative of Estate of Sara C. Lake, Deceased ' !:,.!':C, StVS of Florida at Lorge !4ry CcTr.•.icsicn Expires: c:_rar;i sip► F..-ca Jury 4 1986 6enck d CIN Ar4eVnfitu Eordins Agency 5. The'persons named on the attached page (Sue Jim Lake, Jeanne Turk, Sara Arm Didriksen) are the only beneficiaries of the Estate of Sara C. Lake, Deceased, and -will become the owners of the property here involved when the adrdnistration of the Estate is completed. They have given affiant their full and complete permission for him to act in their behalf in this application for closing of the part of S.W. 54th Avenue described in the application (which adjoins the residence east of it, owned by the Sara C. Lake Estate). 83-356 j UO:.cl"- ,c3 LCL-v j U; Lt .C:L :3GJ le:aj ssajppv ss;.;pp Tao.iys :sr',cllOJ se pa;sLl st a;ts ;y. ;a dLus.:;u,.jed 'UOi,2jcd.:oa fg) to '4L",utcC 'nll-n�l;.LpUL pa:;,c. ;accc.zd a;2;s= lean a=q' fuy •y9 :40MI pis Jo .Xau.xoo :lsaMRaoN auk IR?M �?u?pTouToo aauaoo '3'N s:lT LPTM £TTX,SZ 9121e:409.1 e 2u-faq '•epT.aoTd `)LlUnoo aPEQ 3o spzooaH oTTqnd `8Z a2ed `8£ �100g :leTd ` szOPH P-Mmn-►Q 90 9 VOW 90 :IETd pasT A;7d 'V9 :IDUal Jo :jsaM AT:43aaTp 2uTAT anuany q:1'75 W S 30 UO-Paod gsyy TMTg OI'ISfld d dO NOIZ2i0d OfUNIOM C2gmS3Q ONI1'unod ZU 30 ONISM MU S?]3'3S QNd 'epTaoTd 'fwnoO apeQ 90 sp.zoaag oTTqnd '9Z 90s(i 18£ xoog geld uT papzooa-1 goazaqj teTd auk ol 2urpa000e 's4g2T9H pzeMxnQ l0 9 ')IooTq to :IeTd PasTnaH uT '30a BIR laaJ TOZ :Isa3 aLP ssaT 'y-9 10eal SLM UMI'IddH :uoLjdiaasaG Le6al 559Z-61£ aagwn;; auoudalal 0£T££ EPT-10T3 TmTY1 '3S zLaT eTd 'M 61 uTPTTnS auXeoszg `OTI aTF ssa-4f, V 6ui 1 �e;J paseaoaQ `a [) eleS 90 al'Isd auk Jo OAT-eIuasaa aH Teuoslad ss's TT Q pTneQ awe -,I s,.Aau+:p 1SV% S.*d3lWKO DISCLnSiJ7E n' If the property is owned by a C,77PORATIOIN list the officers, directors and principal stoc':hol.:ers and the percentage of stock owned by each. Name Percentage of Stock The following persons are the only beneficiaries of the Estate of Sara C. Lake, Deceased (being administered in the Probate Division of the Dade County Circuit Court under Case #81-9981): Sue Jim Lake, 5330 S.W. 7th St., Miami, Florida 33134 1/3 of the Estate Jearme Turk, 11041 S.W. 161st St., Miami, Florida 33157 1/3 of the Estate Sara Ann Didriksen, 7549 Laurel Springs Drive, 1/3 of the Estate ----------- rltaid0 -FlioYida 32807 Telephone r=f 1-082.6--_..._-- - --------- If the property is in the name of a TRUSTEE list the benefici- aries of the trust with percentage of interest. Name Percentage of Stock If there is a CONTRACT FOR PURCHASE state for whc)5e ha'tat i:h�, application is being made. If the PURCHASER is a TRUSTEE or a CORPORATION, the same in`orlia- tion Must be furnished as indicated above for the applicant CORPORATION or TRUSTEE. 83-356 - 21 IN TIIE CIRCUIT COURT FOR MDE COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF S:aP,; � C . LAhT , File Number _ 81-9981 Division (j Deceased. r LETTERS OF ADMINISTRATION TO ALL WHOM IT MAY CONCERN < WHEREAS. SARt1 C. L� r ac,, resident of a_. Dade Countv, Florida, died on Nolvember_ 25 --f 19 Pal owning ry assets in the State of Florida, and WHEREAS, DAVID D. PHIUIPS has been appointed personal representative of the estate of the decedent and has performed all acts prerequisite to issuance of letters of administration in the estate, NOW, THEREFORE, 1, the undersigned circuit jud;e, declare DAVID D. PHILLIPS to be duly qualified under the laws of the State of Florida to act as personal representative of the estate of _ SAP.A C. LAIC deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate according to law. . WITNESS my hand JIME of COuNtY G. •--- 1 THE UNDERSIGNED. Deputy Crera,"- County, Florida, DD HEREBY afRiheYorhginalfhas 1 aApe+is'or. 1s a true and correct copy record and file in the Clice of the Circuit COurl. Dade County. frce t. Florida. and that hsame ad is in lull ofo the CidrewteC° t �t Miami l WITNESS my day Florida, this 0. 194---- RICHARO P. 13RINKER G ark Ctrfuiy�urt ev p ry CIar1Y G�lrcult Gard :c `T� L4h—rE2345- 11291 n2941 RE -RECORDED DEC 23 1991 RICHARD P. BRINKER CLERK RIClIi P. Bf? MIKER CLERK '1_11N orm No. P-34 83-35C 3 w , DISCLAIMER OF IM"F REST IN RIGiiT OF WAY Made this 20th day of September, 1982, between Armando Codina, of the County of Dade in the State of Florida, party of the first- part, the owner of Lot 1 less the south 1 foot thereof, in Block 5, of Corbett's Eighth Street Addition, according to the plat thereof, recorded in Plat Book 16, Page 38, Public Records of Dade County, Florida (hereinafter called Parcel '1) , and David D. Phillips as Personal Representative of the Estate of Sara C. Lake, deceased (which estate is being administered in Case #31-9981 in the Probate Division of the Circuit Court, Dade County, Florida), party of the second part, the owner of Tract 6A less the cast 201 feet thereof, in Revised Plat of Block 6 of Dur-dard Heights, according, to the plat: thereof, recorded in Plat Book 38, Page 28, Public Records of Dade County, Florida (hereinafter called Parcel #2), whose address is Suite 410 Biscayne Building, 19 West Flagler Street, ?Iiami, Florida 33130. Witnesseth That the party of the first part, for and in consideration of the sum of $10.00 and other valuable considerations to him in hand paid by the party of the second part, the receipt whereof being hereby acknowledged, does hereby disclaim, convey, grant, transfer, release, relinquish and quitclaim unto the party of the second part, his successors and assigns forever, any and all interest which the party of the first part has, might have, or could conceivably claim in and to the following described property, lying and being in the County of Dade, State of Florida, to -wit: That portion of S.W. 54th Avenue included within Genesis Subdivision, according to the tentative plat of said Genesis Subdivision, prepared by J.B. Ford Co. and dated November 9, 1981 (which portion of S.W. 54th Avenue is hereinafter called Parcel 1#3 and is 25 feet in width and 113 feet in length). The purpose of this instrument is to: 1. Signify and memorialize the consent of the party of the first part to the platting by the party of the second part of Prenared by: David D. Phillips, Attorney a'""n"�°+ 410 Biscayne Building D�a MAW qt0'MAWlI 19 W. Flagler Street Miami, Florida 33130 � `' 83-35-C KL" 11665 r-u2215 Parcels #2 and #3 as a unit under the name of Genesis Subdivision, pursuant to (a) a tentative plat submitted to the City of Miami by party of the second part through J.B. ford Co. under date of November 9, 1981, and (b) any revisions or adjustments which are made in order to obtain the approval by the City of Miami of said platting, and the recording thereof among the Public Records of Dade County, Florida. 2. Signify and memorialize the consent of the party of the first part to the closing, vacating; and abandoning by the City of Miami of Parcel #3, the happening of which would cause the owner- ship of said Parcel 1,13 to vest in the party of.the second part. 3. Signify and memorialize the relinquishment by the party of the first part of any and all interest he may have in Parcel #3 as an abutting property owner. IT IS COVENANTED AND AGREED between the parties that, upon the closing, vacating and abandoning of Parcel #3 and approval of said Plat of Genesis Subdivision by the necessary governmental authorities and recording of said plat, the party of the second part will convey to the party of the first part That portion of Genesis Subdivision, according to the plat thereof recorded in Plat Book , Page , Public Records of Dade County, Flori aT , described as follows: Beginning at the Northwest corner of Genesis Sub- division, according to the plat thereof as recorded in Plat Book , at Page , of the Public Records of Dade County, Florida; thence Easterly along the north line of said Genesis Subdivision for 4 feet to the Easterly edge of a 5 ft. chain link fence as the same is shown on the Tentative Plat of said Genesis Subdivision, prepared by J.B. Ford Co. and dated 13ovenber 9, 1981; thence Southerly along the Easterly edge of said 5 ft. chain link fence to the intersection with the South line of the following described parcel of land extended easterly (Description: Lot 1 less the South 1 ft. thereof, in Block 5, of Corbett's Eighth Street Addition, as recorded in Plat Book 16 at Page 38, Public Records of Dade County, Florida); thence Westerly along the afore- mentioned South line for 6.2 feet to the West boundary line of said Genesis Subdivision; thence Northerly along the West boundary of said Genesis Subdivision to the point of beginning. An executed copy of said deed is hereto attached. It -2- 83--356 11665 F' 2216 contains a provision making it effective as of the moment following the final (a) closing, vacating and abandoning of Parcel #3 and (b) approval of said Plat of Genesis Subdivision by the necessary governmental authorities, and the recording of said plat among the Public Records of Dade County, Florida. In Witness Whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written, and the party of the second part has hereunto affixed his hand and seal to signify his consent and approval thereof and his agreement therewith on the day and year first above written. Signed, Sealed and Delivered in our Presence: STATE OF FLORIDA) ) SS. COUNTY OF DADE ) (SEAL) AFSIANDO CODINA I IIEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Armando Codina, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. Witness my hand and official seal in the County and State last aforesaid this day of 1982. Notary Public ; U 0 u � •; State of Florida at Large�,, My Commission expires: �,,,,��5�•,,��° TLCr'.OA Al VRG.E 6 I935 I hereby consent to and approve Witnesses as to Party of the Second Part: the foregoing and agree to its terms. L44 i� (SEAL) DaDalRd D. Phillips al Persona Representative of the Estate of Sara C: Lake, Deceased -3- 83-35C 11665 rc221 T. STATE OF FLORIDA) COUNTY OF DADE ) SS. I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared David D. Phillips as Personal Representative of the Estate of Sara C. Lake, Deceased, to me known to be the person described in and who executed the foregoing consent, approval and agreement, and he acknowledged before me that he executed the same. Witness my hand and official seal inthe County and State last aforesaid this Z a t4 day of ftgeMl4eP , 1982. Acc�- X:�' Notary Pu lic State of Florida at Large My Commission expires: Notary Pub"C, State of Florida at Large Bon ColExpires July 4, 1585 dad thlu Maynard 8ondina Agency 83--356 0 665 22l8 DEED WITHOUT WARRA11TY APP THIS INDENTURE, made this *410"day of f� ;9)V , 1982, between DAVID D. PHILLIPS as Personal Representative'of t e Estate of SARA C. LAKE, Deceased, of the County of Dade in .the State of Florida, party of the first part, and AR1ANDO CODINA, of the County of Dade in the State of Florida, whose post office address is c/o Professional Automated Services, 5325 N.W. 77th Ave., Miami, Florida 33166, party of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten and 00/100 Dollars, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second part, his heirs and assigns forever, the following described land, situate and being in Dade County, State of Florida, to -wit: That portion of Genesis Subdivision, according to the plat thereof recorded in Plat Book , Page , Public Records of Da e County, Florida, described as follows: Beginning at the Northwest corner of Genesis Subdivision, according to the plat thereof as recorded in Plat Book , at Page , of the Public Records of Dade County, Florida; thence Easterly along the north line of said Genesis Subdivision for 4 feet to the Easterly edge of a 5 £t. chain link fence as the same is shown on the Tenta- tive Plat of said Genesis Subdivision, prepared by J. B. FORD CO. and dated November 9, 1981; thence Southerly along the Easterly edge of said 5 ft. chain link fence to the intersection with the South line of the following described parcel of land extended easterly (Description: Lot 1 less the South I ft. thereof, in Block 5, of Corbett's Eighth Street Addition, as recorded in Plat Book 16 at Page 38, Public Records of Dade County, Florida); thence Westerly along the aforementioned South line for 6.2 feet to -the West boundary line of said Genesis Subdivision; thence Northerly along the West boundary of said Genesis Subdivision to the point of beginning. It is the intention of the parties that this deed shall cover a strip of land abutting property owned by the party of the second part (Lot 1, less the S1' thereof, in Block 5, of Corbett's Eighth Street Addition, according to the plat thereof recorded in Plat Book 16, Page 38, Public P.ecords of Dade County, Florida, here- inafter called "Codina's Property"). which strip of land has an east - west dimension of 4 feet at its north end and 6.2 feet at its south end and encompasses within its boundaries the 5' chain link fence Prepared by: -l- David D. Phillips 410 Biscayne Building 19 W. Flagler St. Miami, Florida 33130 83-35E; 0'` 11665 �c2219 shown on said plat of Genesis Subdivi:ion and runs the full length of the east boundary of "Cool ina' s Prepu rt_,r" . PROVIDED, 11OWEVER, that this conveyance shall not take effect until the moment following; the final (a) closing, vacating and abandoning of that portion of S.W. 54th Avenue lying directly west of Tract 6A, in Revised flat of Block 6 of Durward Heights, according to the plat thereof, recorded in Plat Book 38, Page 23, Public Records of Dade County, Florida, and (b) approval of said Plat of Genesis Subdivision by the necessary governmental authorities, and the recording of said Plait among; the Public Records of Dade County, Florida. It is the intention of the parties that this conveyance shall have no force and effect and shall pass no right, titleorinterest in said strip of land unless and until the events described in (a) and (b) above have been finally and completely accomplished. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF FLORIDA) ) SS. COUNTY OF DADE ) (L.S.) David D. Phillips astPersonal Representative of the Estate of Sara C. Lake, Deceased I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DAVID D. PHILLIPS as Personal Representative of the Estate of SARA C. LAKE, Deceased, to me known to be the person described in and who executed the fore- going instrument, and he acknowledged before me that he executed the same. 14ITNESS my hand and official ea in the County and State last aforesaid this ..O'M day of s %Phi ep , 1982. ttt Oto IN MMIAL R[OOw boo OF DADS OMhTV- (t. • 1 DEpOAD vtoinED RJCIJARD P.13RINKE& CLERK CIRCUII Ca{ist —I -2- Notary Public State of Florida at Large My Commission expires `� -` �''••`;� " Notary Public, State of Florida at Larpa My Commission Expires July 4, 1986 F�• : r Sonled thru Maynard Bcnding Agency : �I �'., .�•�. r��►frFiFrirl!t�\�. 83--356