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HomeMy WebLinkAboutCC Application & Supporting Docs' �Vt1 *6 I' i 111CbgP bgATEO Aj �= x^E._.'v..`' + `— \dJ�. I6 qb ��"j'r� HEARING BOARDS 444 SW 2nd Avenue, 7t" Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearinq boards OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us at the number above, should you have any questions. The deadline to file the complete application with supporting documents is the first five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the application shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8 % x11 ") or other materials submitted during this process will be kept as part of the record. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 12-16-08 Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. Miami -Dade County 1. Applicant name(s): Miami -Dade Transit Department ,as User 2. Two (2) copies of the Tentative Plat: One (1) 24 x 36" and one (1) 8 '/2 x 11" prepared by a State of Florida registered land surveyor. 3. Two (2) original sketch of surveys: One (1) 24 x 36" and one (1) 8'/z x 11", prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 4. Two (2) 11x17" original and one (1) 8'/z x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. The subject property(ies) cannot have any open code enforcement/lien violations. 8. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 9. At least two photographs showing the entire property showing land and improvements. 10. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 11. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 12. Affidavit of Authority to Act and the Disclosure of Ownership of all owners and contract purchasers, if applicable, of the subject property (see pages 5 and 6). 13. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 14. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 2 Rev. 12-16-08 15. For all corporations and partnerships indicated: a) Articles of incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. What is the acreage of the project/property site? 18,427 S. F. 17. What is the purpose of this application/nature of proposed use? The purpose is to sell ,property to private developer and to satisfy condition placed upon Tentative Plat # 1753. 18. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. N/A 19. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. N/A 20. Cost of processing according to Section 62-156 of the Miami City Code*: Vacation of public right-of-way: a. Original submittal: 1. Per square foot of right-of-way 2. Minimum b. Re -submittals: 1. Per square foot of right-of-way 2. Minimum 3. Maximum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ .90 $ 4-,200:0-0.9oo . o $ .90 $14;2-90.-00-900.00 $ 1-,7-149.140 $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be p ,i in the form of a certified check, cashier's check, or money order. Signature Mailing Address 701 NW 1st court, 17th Floor Name arpal S. Kapoor Miami, FL 33136 Telephone (786) 469-5406 E-mail hkapoor@miamidade.gov STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ,2 NA day of 20, by a, S . ,��► 6�nr who is a(n) individual/p rtner/agen- individual/partnership/corporation �...,,, ERIC G. THORNE MY COMMISSION # DD 427193 EXPIRES: September 7, 2009 (Stamp) fqf; f Bonded ThruNotary Public Underwriters 11 ofporation of a(n) He/fie is personally known to me or who has produced who did (did not) take n oath. -e Ignature 3 Rev. 12-16-08 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Harpal S.Kapoor, MDT Director , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Harpal S. Kapoor I " Applicant(s) Name Ap t�s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoingw s acknowledged b fore me this .2 N� day of �c�rIC4401 20 0'? by Aent_t S. i who is a(n) individual/ artner/agent/cor oration of _ a(n) individual/partnership/corporation. He/She is I has produced as identification and who MIMS `„111`•11111 ERIC G. THORNE Stam *= MY COMMISSION # DD 427193 p) �• oQ= EXPIRES; September7,2009 Bonded ThruNotary Public Underwriters �vswe�amm�s;e 0 (did /4Gc, nature or who take an Rev. 12-16-08 DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Miami -Dade County Owner's Name(es) Miami -Dade Transit Department as User Percentage of Ownership 100% Subject Property Address(es) 3060 SW 37 Court Miami, Florida 33146 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): See Attachment "A' Harpal S. Kapoor Owner(s) or Attorney Name Legal Description(s): See Attachment 'A' STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing wap acknowledged b fore me this _ 20�, by k,.� S" - ,. who is a(n) individual/ artner/agent/co poration of a(n) individual/partnership/corporation. He/&he is has produced as identification and wh (Stamp)=q ERIC 0. THORNE *; MY COMMISSION # DD 427193 •± a TIRES, September 7, 2009 off hru Notary Public Underwriters Attorney Signature i— .� day of kzye Ley rsonally known to me or who id (did not) take an oath nature 1 i 91 .2a�� Rev. 12-16-08 14. OWNER: MIAMI -DARE COUNTY MIAMI -DADS TRANSIT AGENCY/USER 701 NW 1 COURT, 1701FLOO MIAMI, FL 33136 19. CERTIFIED TO: MIAMI-DADE TRANSIT AGENCY (SUBJECT PROPERTY IS LOCATED AT 3060 SW 37 Court, Miami, FL. 33146) EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF RIGHT OF WAY DEDICATED TO FLORIDA DEPARTMENT OF TRANSPORTATION BY THAT CERTAIN PLAT OF "DOUGLAS ROAD STATION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, AT PAGE 32 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK 1 OF SAID PLAT; THENCE S03°10'50"E ALONG THE EASTERLY LINE OF SAID LOT 2 FOR 284.53 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE N86°49'10"E FOR 3.00 FEET; THENCE S03'10'50"E FOR 11.06 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 44'55'47" FOR AN ARC DISTANCE OF 19.60 FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, CONCAVE TO THE NORTHWEST; THE FOLLOWING DESCRIBED FIVE (5) COURSES AND DISTANCES BEING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD No 5 (SOUTH DIXIE HIGHWAY, U.S. 1) AS SHOWN ON PLAT BOOK 57, AT PAGE 65 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA: (1)THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 5772.15 FEET, THROUGH A CENTRAL ANGLE OF 01'05'51 FOR AN ARC DISTANCE OF 110.57 FEET TO A POINT OF TANGENCY; (2)THENCE S40°39'18"W FOR 74.84 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT CONCAVE TO THE NORTHWEST; (3)THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1103.78 FEET, THROUGH A CENTRAL ANGLE OF 21 °34'46" FOR AN ARC DISTANCE OF 415.72 FEET TO A POINT OF TANGENCY; (4)THENCE S62°14'04"W FOR 142.12 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, CONCAVE TO THE SOUTHEAST; (5)THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 997.87 FEET, THROUGH A CENTRAL ANGLE OF 00'46'42" FOR AN ARC DISTANCE OF 13.56 FEET TO ITS INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT, CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT BEARS S36°25'23"E, THE FOLLOWING DESCRIBED FIVE (5) COURSES AND DISTANCES BEING ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2; 1)THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1959.86 FEET, THROUGH A CENTRAL ANGLE OF 00°16'27" FOR AN ARC DISTANCE OF 9.38 FEET TO A POINT OF TANGENCY; 2) THENCE N53°18'15"E FOR 283.51 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, CONCAVE TO NORTHWEST; 3) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 2814.79 FEET, THROUGH A CENTRAL ANGLE OF 08°33'44" FOR AN ARC DISTANCE OF 420.64 FEET TO A POINT OF TANGENCY; 4) THENCE N44'44'31E FOR 33.80 FEET, TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, CONCAVE TO THE NORTHWEST, THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 32.25 FEET, THROUGH A CENTRAL ANGLE OF 47'55'09" FOR AN ARC DISTANCE OF 26.97 FEET TO THE POINT OF BEGINNING. ALL OF THAT ABOVE DESCRIBED LAND SITUATED, BEING AND LYING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA. AND CONTAINING 18,429.81 SQUARE FEET AND/OR 0.42 ACRES MORE OR LESS REVISED DATE:09-10-09 N 1ti' Y PREPARED FOR: N01� TH STAR GIZ 0 UP, INC. LB No 7084 MIAMI-DADE TRANSIT W PROFESSIONAL LAND SURVEYORS E 16155 SW 117 AVE. B23 MIAMI—DADE, FLORIDA 33177 BY: FOR THE FIRM PH:305 219 1203 JOSE A. ROCHE P.S.M. No 5935 _JkSTATE OF FLONA S FAX 30G 444 6888 DAT201-06-09 PAGE 1 OF 2 , SW 40 STREET( BIRD ROAD) LINE TABLE StJ'v� THERE IS NO TANGENCY is O; AT THIS POINT N86°49'10'E 3.00 '; F1ffi . SH11'P111G S40°39'18'W 74.84 L4 S62°14'04'W 142.12 g. N53°18'15'E Uwcm STR1 J L6 N44°44'31'E N44°44'31'E y. C7 7 c - c- LOCATION MAP N.T.5. SCALE 1"=700' �'N EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION P.O.C. -_ NE CORNER LOT 2 BLOCK 1 LINE TABLE StJ'v� THERE IS NO TANGENCY is O; AT THIS POINT N86°49'10'E 3.00 '; / 04" . L3 S40°39'18'W 74.84 �'N EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION P.O.C. -_ NE CORNER LOT 2 BLOCK 1 P.O.B. L1 U J � V~ MUST READ POWT OF REWRSE V2 CURVATURE THERE IS NO TANGENCY AT THIS POINT 9ov,z n, -9C ti Pg QG \ O e O. O� QG G. PS �O NOTES: 1)THIS IS NOT A BOUNDARY SURVEY �F.� S•E 2)BEARINGS ARE ASSUMED AND BASED ALONG THE EASTERLY LINE OF LOT 7 & 2 BLOCK 1 v OF PLAT OF DOUGLAS ROAD STATION RECORDED y�a0a� G1\G� IN P.B. 158, PG, 32 D.C.R. WITH A VALUE OF (iP�F% .,q�, ..tt\� S03'10'50"E J�� p LEGEND: P.O.T.=POINT OF TERMINUS P.O.C.=POINT OF COMMENCEMENT P0,6,=POINT OF BEGINNING PG.= PAGE P.B.= PLAT BOOK D,C.R.=MIAMI-DADE COUNTY PUBLIC RECORDS NE=NORTHEAST S.F,=SQUARE FEET OC.D.=OUITCLAIM DEED MD.C.=MIAMI-DADE COUNTY O.R.B.=OFFICIAL RECORD BOOK N.T,S.=NOT TO SCALE REVISED DATE.09-10.09 N Y Y PREPARED FOR: NORTH STAR GR 0 UP, INC. LB No 7034 MIAMI—DADE TRANSIT W E PROFESSIONAL LAND SURVEYORS 16155 SW 117 AVE. B23 MIAMI—DADE, FLORIDA 33177 BY. /� FOR THE FIRM PH:305 219 1203 JOSE A. ROCHE P.S.M. No 5935 STATE OF FLORIDA 5 FAX 305 444 6888 DATEt01-0&-09 PACE 2 OF 2 LINE TABLE LINE F BEARING LENGTH Llj N86°49'10'E 3.00 L2 S03°10'50'E 11.06 L3 S40°39'18'W 74.84 L4 S62°14'04'W 142.12 L5 N53°18'15'E 283.51 L6 N44°44'31'E N44°44'31'E 33.80(R) 33.74(C) P.O.B. L1 U J � V~ MUST READ POWT OF REWRSE V2 CURVATURE THERE IS NO TANGENCY AT THIS POINT 9ov,z n, -9C ti Pg QG \ O e O. O� QG G. PS �O NOTES: 1)THIS IS NOT A BOUNDARY SURVEY �F.� S•E 2)BEARINGS ARE ASSUMED AND BASED ALONG THE EASTERLY LINE OF LOT 7 & 2 BLOCK 1 v OF PLAT OF DOUGLAS ROAD STATION RECORDED y�a0a� G1\G� IN P.B. 158, PG, 32 D.C.R. WITH A VALUE OF (iP�F% .,q�, ..tt\� S03'10'50"E J�� p LEGEND: P.O.T.=POINT OF TERMINUS P.O.C.=POINT OF COMMENCEMENT P0,6,=POINT OF BEGINNING PG.= PAGE P.B.= PLAT BOOK D,C.R.=MIAMI-DADE COUNTY PUBLIC RECORDS NE=NORTHEAST S.F,=SQUARE FEET OC.D.=OUITCLAIM DEED MD.C.=MIAMI-DADE COUNTY O.R.B.=OFFICIAL RECORD BOOK N.T,S.=NOT TO SCALE REVISED DATE.09-10.09 N Y Y PREPARED FOR: NORTH STAR GR 0 UP, INC. LB No 7034 MIAMI—DADE TRANSIT W E PROFESSIONAL LAND SURVEYORS 16155 SW 117 AVE. B23 MIAMI—DADE, FLORIDA 33177 BY. /� FOR THE FIRM PH:305 219 1203 JOSE A. ROCHE P.S.M. No 5935 STATE OF FLORIDA 5 FAX 305 444 6888 DATEt01-0&-09 PACE 2 OF 2 CURVE TABLE CURVE RADIUSDELTA L NGTH Cl 25.00' 44°55'47' 19.60' C2 5772.15' 1°05'51° 110,57' C3 1103.78' 21°34'46' 415.72' C4 997:87' 0°4642° 13.56' C5 ]959,86' 0°16'27' 9,38' C6 2814,79' 8°33'44' 420.64' C7 32.25' 47°55'09'(R) 32.25' 47°55'21'(0) 26.97' 26.97' P.O.B. L1 U J � V~ MUST READ POWT OF REWRSE V2 CURVATURE THERE IS NO TANGENCY AT THIS POINT 9ov,z n, -9C ti Pg QG \ O e O. O� QG G. PS �O NOTES: 1)THIS IS NOT A BOUNDARY SURVEY �F.� S•E 2)BEARINGS ARE ASSUMED AND BASED ALONG THE EASTERLY LINE OF LOT 7 & 2 BLOCK 1 v OF PLAT OF DOUGLAS ROAD STATION RECORDED y�a0a� G1\G� IN P.B. 158, PG, 32 D.C.R. WITH A VALUE OF (iP�F% .,q�, ..tt\� S03'10'50"E J�� p LEGEND: P.O.T.=POINT OF TERMINUS P.O.C.=POINT OF COMMENCEMENT P0,6,=POINT OF BEGINNING PG.= PAGE P.B.= PLAT BOOK D,C.R.=MIAMI-DADE COUNTY PUBLIC RECORDS NE=NORTHEAST S.F,=SQUARE FEET OC.D.=OUITCLAIM DEED MD.C.=MIAMI-DADE COUNTY O.R.B.=OFFICIAL RECORD BOOK N.T,S.=NOT TO SCALE REVISED DATE.09-10.09 N Y Y PREPARED FOR: NORTH STAR GR 0 UP, INC. LB No 7034 MIAMI—DADE TRANSIT W E PROFESSIONAL LAND SURVEYORS 16155 SW 117 AVE. B23 MIAMI—DADE, FLORIDA 33177 BY. /� FOR THE FIRM PH:305 219 1203 JOSE A. ROCHE P.S.M. No 5935 STATE OF FLORIDA 5 FAX 305 444 6888 DATEt01-0&-09 PACE 2 OF 2 HOBEL FLORIDO, ESQ. HUGO FLORIDO, ESQ. FLORIDO & FLORIDO, P.A. ATroRNEYS AT LAW Suite 203 795D Northwest 155th Street Miami lakes, FL 33016-5819 February 4, 2009 CITY OF MIAMI, a municipal corporation OPINION OF TITLE TO: City of Miami, a municipal corporation of the State of Florida. Tel (305) 722-4002 Fax (305) 7224003 With the understanding that this opinion. of title is furnished to City of Miami, Florida, in compliance with Section SS-8.,of the Miami Citytode and as ars inducement for acceptance of a Douglas Road Station re -plat covering the right -of -gray dedicated in Mat BOA 158, Page 32 to FDOT and described in the attached Exhibit A, that FOOT is using :said right-of-way by virtue of a Corrective Quit Claim Deed by FDOT in favor of Miami -Dade County recorded Official Records Book 26726, Page 1347 wherein they remove and release :a reverter clause found In'the original Quit Claim Deed recorded in Official Records 20439, page 691. It is hereby certified that I have examined the Plat found in Plat Book 158 Page 32, Quit Claim Deed recorded at Offieoal Records Book.20439, Page 691., Corrective Quit Claim Deed recorded in Official Records Book 26726, Page 1347, and Affidavit by Surveyor (regarding boundary and abutting parcels to the right-of-way), and have concluded the ;opinion below, as to the reversionary rights for the right-of- way to be closed. Basing my opinion on said instruments t am of the opinion that: ➢ said right-of-way has leen properly closed and owned in :fee simple by Metropolitan Dade County, a political subdivision of the SUte of Florida; ➢ that there are no individuals in addition to abutting properties, havingan interest in the right-of- way that has been closed; ➢ that because the abutting property to the right-ofav (per the Surveyor's Affidavit) is Lot 2, which is owned by Metropo tan, made County per my previous Opinion of Title dated October 17, 2008, Douglas Road, and US -1, and the right-of-way is not being vacated (i.e. abandoned), but simply closed or relinquished to Miami -Dade county, no abutting property owners, assuming others existed other than the county, can gain an interest in the closed right-of-way. Subject to the following liens, encumbrances, and other exceptions: GENERAL EXCEPTIONS Page 2 of 4 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary lige disputes.,.and any other matters which would be disclosed by an accurate survey and inspection of the premises. Easements or claims of easements not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida. by right of sovereignty to any portion of the lands insured hereunder, including submerged, fixed and :artiificially exposed lands, and lands accreted to such lands. 6. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55:21}3.,. etse4, f.S.,, respectively, which. designate the Florida Department of State as the place forfiling fddetal liens and judgmentiiens.against personal property. For insuring purposes:_ (a) Pursuant to Sec. 713.901, et seq , F,S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests incooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seal., F.S , personal property includes, but is not limited to, leaseholds, interests in cooperatirve asso.cWtionsvendeese interests and options regardless of the type of entity holding such interests, including individuals. (Notre: Mortgages have been specifically excluded from the personal property interests in which a judgment lien maybe acquired under the provisions of Sec. 55.201, et seq., F.S.) 7. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority,. for unpaid service th cages fot services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. This Opinion does not cover matters filed in the Federal District Courts of Florida EXCEPT FOR BANKRUPTCY PROCEEDINGS filed prior to O,ctober7',19844, when the property lies in either DADE, DUVAL, HILLSBOROUGH, LEON OR ORANGE COUNTY. SPECIAL ,U EPTIOi'aS 1. All matters contained on the Plat of Banner Tract, as recorded in Plat Book 69, Page(s) 19, Public Records of Miami -made County, Floddda.. 2. All matters contained on the Plat of First Addition to Banner Tract, as recorded in Plat Book 81, Page(s) 78, Public Records of Miami -Dade County, Florida. Morido & FloridQ, PA ATTORNEYS TLAW, 7950 Northwest:: 156*StreeE,Sift-, 20,,Nami lA&e4 FL 35616 - 305SM.16%FAX V3.828.1798 Page 3 of 4 3. All matters contained on the Plat of Second Addition to Banner Tract, as recorded in Plat Book 85, Page(s) 65, Public Records of Warni-Dade County, Florida. 4. All matters contained on the Plat of Realty Securities Corporation's Plat of Cocoanut Grove, as recorded in Plat Book 2, Page(s) 85, Public. Records -of Miami: -lade Countyp Florida. 5. All matters containedonthe Plat, ofReplat.of block 16 of Realty Securities Corporation's Plat of Cocoanut Grove, as recorder in Plat=Booklk,-PaW(s)'50,PdbticRecordsofMiami-Dade County, Florida. 6. All matters contained on the Plat of Douglas Road Station, as recorded in Plat Book 158, Page(s) 32, Public Records of Miami -Dade County, Florida, 7. Metrorail Right ofWayrecorded in. 0,R. Book 10411, page 386, Public Records of Miami -Dade County, Florida. 8. Easement contained in instrument recorded October 8:1, 2001, under O.R. Book 19986, Page 2065, Public Records of Miam.1-Dade County Florida. 9. Easement contained In instrument recorded October 31., 2001, under O.R. Book 19986, Page 2069, Public Records of Miami-.DadeCounty,Florida. 10. Surveyor's Afffidavit as to abutting properties and boundary lines to the legal description shown in the attached Exhibit A. I, the undersigned, further certifythat l am an attorney-at-law duly admitted to practice in the State of Florida, and am a member in good stan,dwi g o.ftheflodda Bair, Respectfully submitted this 4h day of February, 2009. Hobel Florido, Esq. Fla Bar 1#164630 7950 NW 155 Street, #203 Miami Lakes, FL33016 305-828-1690 x207 305-828-1798 fax Florido &.- 3orido, .PA ATTUL{I*IEs'YS AT LAW 7950 NoAhwv# 15s56SU eel;, Sidle• ZM,, .Mann bake FL.33036 r 3UM8.1690 YAX 305,8n.1798 Page. 4 of 4 Exhibit A All that portion of Right -of -Way dedicated to Florida (Department of Transportation by that certain plat of "Douglas Road Station';, according to'the piatthereof, as recorded in Plat Book 158, at Page 32 of the Public Records of Miarri-Dade. County, Florida, being more particularly described as follows: Commence at the Northeast Corner of Lot 2. Block 1, of said plat thence S03degl0min50secE, along the Easterly line of said Lot 2, for 284.53 feet to the POINT" €3F BEGINNING of the hereinafter described parcel of land; thence N86deg49minlosecE for 3.00 feet; thence S03deg10min50secE for 11:.06 feet to a point of curvature of a circular curve to the right, concave to the Northwest; thence Southwesterly along the .arc of said curve, having for its successors and/or assigns, as their interest .may appear elements a radius of 25.00 feet, through a central angle of 44deg55 in.47sec for on arc distance of 1.9.60 feet to a point of compound curvature of a circular ttrrve to the right, concave to the Northwest; the following described five (5) courses and distance being along the Northwesterly Right -of -Way Line of State Road No. 5 (South. Dixie Highway US. 1) as shown on Plat Book 57, at Page 65 of the Public Records of Miami -Dade. County, Florida; 1) thence Southwesterly along the arc of said curve, having for its elements a radius of 5772.15 feet through a central angle of 01deg05min51sec for an arc distance of 110.57 feet to a point, of tangency; 2) thence S40deg39min18secW for 74.84 feet to a point of curvature of a circular curve to the right, concave to the right, concave to the Northwest; 3) thence Southwesterly along the arc of said curve, having for its elements a radius. of 1103.78 feet through a central angle of 21deg34min46sec for an arc distance of 415.72 feet to a point of tangency; 4) thence S62deg,14min04secW for 142...12 feet to a point of curvature of a circular curve to the left concave to the Southeast; 5) thence Southwesterly along the arc of said curve having for its elements a radius of 997.87 feet through a centra►t angle of 00deg46min42sec for an arc distance of 13.56 feet to its intersection with the arc of a circular curve to the left concave to the Northwest a radial line to said point bears S36deg25m1n23secE; the following described five (5) courses and distance being along the Southeasterly line of said Lot 2; 1) thence Northeasterly along the ,arc of said curve, having for its elements a radius of 1959.86 feet, through a central angle of 00dcgl6nnin27sec for an arc distance of 9.38 feet to a point of tangency; 2) thence N53degl8mint5secE for 2:83.51 feet to a: point of curvature of a circular curve to the left concave to the Northwest; 3) thence Northeasterly along the arc of said curve having for its elements a radius of 2814.78 feet through a central angle of 08deg33min44sec for an arc distance of 420.64 feet to a point of tangency; 4) thence N44deg44m1n31secE for 33.80 feet to a point of curvature of a circular curve to the left concave to the Northwest; thence Northeasterly and Northerly along the arc of said curve, having for its elements a radius of 32.25 feet through a central angle of 47deg s minO9sec for an arc distance of 26.97 feet to the POINT OF BEGINNING. flolldo & Florido, Pik AITORNEYSAT LAW 7950i�icjYhrxe�#`1555#rata#aBi.Iitsis .3i}��.QS�Z�:fx34FAK828:i798 27-SPD,04 06/99 (Valuable consideration with mineral rights) I fttffi !till tlllftfltf ftfll Illi! ttfll tlll Itti C'F'N 2009R_004-�!3r'4 LIP, Bk 26726 Pss 1347 130; Qpgs� RECORDED 01/22/2009 15' 0? W5 HARVEY RUVM CLERK OF COURT MIAMI-DADE G'OUNTYF FLORIDA This instrument prepared by, Parcel No.:6105 (Formerly 105) or under the direction of, Item/Segment No.: 248681-1 Alicia Trujillo, Esq. a •D Managing District: Six Department of Transportation Address: 1000 NW 111th Avenue, Miami, Florida 33172 CORRECTIVE QUITCLAIM DEED THIS is a corrective deed made for the purpose of releasing the public purpose reverter clause in the Quitclaim Deed recorded on June 4th, 2002, in the Official Records of Miami -Dade County, in Official Records Book 20439, Pages 691-692. THIS INDENTURE, Made this n.''` -< ^ I _)a I by and between the STATE OF FLORIDA by and through the S ATE I;OF FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the First Part, whose address is 1000 NW 111th Avenue, Miami, Florida 33172 , to MIAMI-DADE COUNTY, a political subdivision of the State of Florida, for use by Miami -Dade Transit Authority whose mailing address is 701 Northwest First Court, Suite 1600, Miami Florida 33136, Party of the Second Part._ _. _.... WITNESSETH WHEREAS, said land hereinafter described was heretofore acquired for state highway purposes; and WHEREAS, said land is no longer required for such purposes, and the Party of the First Part, by action of the District Secretary, District Six Florida Department of Transportation on January__ 8,. 2009_. Pursuant to the provisions of Section 337.25 Florida Statutes, has agreed to quitclaim the land hereinafter described to the Party of the Second Part. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest in all that certain land situate in Miami -Dade County, Florida, viz: See Exhibit A attached hereto and made a part hereof TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed in the name of the State of Florida and the State of Florida Department of Transportation by its District Secretary, District Six and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above written. STATE OF �LORIDA DEPAATMRNT OF TRANSPORTATION By: (type/print name) Marg'arefifiggins (tyt Executive Secretary Dis (Affix Department Seal) STATE OF FLORIDA lint name) Gus Pego, PE Six Secretary COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this by Gus Pego, PE District Speretary for istrict 46ix , W60 is personally known to me or who has produced as identification. (type/print nam6)" Notary Public in and for the County qnd State last aforesaid. (Affix Notary Seal) My Commission Expires: lEPublic State of Flonda Karen Weel My Commission DD707350 15xplres 08f12/2012 • 0 G LEGAL DESCRIPTION: 1 A portion of Right—Of—way dedicated to Florida Department of Transportation by that certain Plot of `DOUGLAS ROAD STATION", according to the plot thereof, as recorded in Plot Book 158, at Pogo 32 of the Public Records of Miami—bode County, Florida, being more particularly described as follows: COMMENCE of .the Northeast Corner of Lot 2, Block 1, of said plot; thence S03de910min50secE, along the Easterly Line of said Lot 2, for 284.53 feet to the POINT OF BEGINNING of the her•elnoftO( descrit)ed Parcel of Lond; thence N86deg4gmintOsecE for 3.00 feet; thence 503deg10min5OsecE for 11,06 feet to a point of curvature of o circular curve to the right, concave to the Northwest; thence Southwesterly along the arc of sold curve, hoving for its elements a radius of 25,00 feet, through a central angle of 44deg55min47sec for an arc distance of 19.60 feet to a o point of compound curvature of a circular curve to the right, concave to the Northwest; the following described five (5) courses and distance being along the Northwesterly Right—of—way Line of State Rood No.S (SOUTH DIXIE HIGHWAY, U.S. 1) as shown on Plot Book 57, Ot Page 65 of the Public Records of Miami—Dade County. Florida; 1) thence Southwesterly along the arc of said curve, having for its elements a radius of 5772.15 feet-, through a central orgfe of O1degO5min51sec for an arc distance of 110,57 feet to o paint of tangency; 2) thence S40de939mIrAssecw for 74.84 feet to a point of Curvature of a circular curve to the right, concave to the Northwest; 3) thence Southwesterly along the are of said curve, having for Its 'elements o radius of 1103.78 feet, through a central angle of 21deg34min4fisec for on arc distance of 415,72 feet to a point of tangency; 4) thence S62deg14min04secW for 142,12 feet to a point of curvature of a circular curve to the left, concave to the Southeast; 5) thence Southwesterly along the arc of said curve, having for its elements a radius of 997.87 feet, through a central angle of 00deg46min42sec for an arc distance of 13.56 feet to its intersection with the arc of a circular curve to the left, concave to the Northwest, a radial line to said point bears 536d�g26mirt33secE; K the following described five (5) courses and distance being along the Southeasterly Line of Gold tot 2; 1) thence Northeasterly along the arc of said curve, 'hoving for its elements a radius of 1959.66 feet, through a central angle of 00de916min27sec for an arc distance of 9.38 feet to a point of longency; 2) thence N53deg18min15secE for 283.51 feet to a point of curvature of a circular curve to the left, concave to the Northwest; 3) thence Northeasterly along the arc of said curve, hoving for its elements o radius of 2814.79 feet, through a central angle of 08deg33min4.4sec for an arc E, distance of 420.64 feet to a point of tangency; 4) thence N44deg44mtn31secE for 3380 . feet to 0 point of curvature of o circulor curve to the left, concave to the f Northwest; thence Northeasterly and Northerly along the arc of said curve, having for its elements a radius of 32.25 feet, through a central angle of 47deg55minO9sec for on arc distance of 29.97 feet to the POINT OF BEGINNING. a All of that abova described land situated, being and lying In The City of Miami, c> Miami—Dade County, Florida and containing 18,429.81 Square Feet and/or 0.42 Acres w more or less. t:i '•5th Cyt t0 cd `' Y ya LEGEND. N ' P. O, B. —DENOTES POINT OF BEGINNING (-5"' E P.O.C. —DENOTES POINT OF COMMENCE C �. �`:' a o r> P,8. —DENOTES PLAT BOOK PC. —DENOTES PAGE CA —DENOTES CENTERLINE x MA—DENOTES CITY OF MIAMI MONUMENT LINE O LLIW •d LL } Q T2 � yam,'•, � p DOUGLAS ROAD STATION SK1=CCfiAfJC•LEGAL DRSGRIPTION FE?,O.T. FORD, ARMENTERO9 & MANUCY, INC, LEGAL DESCRIPTION TO ACCOMPANY SIETCI• 1950 N.W. 94th AVENUE, 2nd FLOOR MIAMI-DADE TRANSIT LEASING MIAMi, FLORIDA 33172 RRo tom0A1Ep MAY 9, 2002, ter, PH. (905) 471-G472 K "M u seen Nin FAX (305).470-2805 of= ft. 1"*UTft elft'% .Y M� q tiL�RY OFA' CITY OFMIAMI Qe DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Harpal S. Kapoor (First Name) (Middle) (Last Name) HOME ADDRESS: 701 NW 1 Court, Suite 1700 CITY: Miami STATE: Florida ZIP: 33136 HOME PHONE: (7 8 6) 469-5406 CELL PHONE: N/A FAX: (7 8 6) 469-5580 EMAIL: hkapoor@miamidade.gov BUSSINESS or APPLICANT or ENTITY NAME Miami -Dade County (Transit Department as User) BUSINESS ADDRESS: 701 NW 1 court Suite 1700, Miami FL 33136 (Address Line 1) (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. The road closure of a certain piece of property dedicated to Florida Department of Transportation per P.B. 158, Page 32 which was conveyed back to Miami -Dade County as FDOT Surplus Parcel 6107 recorded in O.R.B. 20439, Page 0692. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES FX] NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) fel expir tion of a period of one year after the nullification of the application or order PERSON SUBMITTING DISCLOSURE: Signature _ ��•... Hr� S . Kapoor, MDT Director ,INIIIIIII HUC ANI DOW " Print Name W COMMISSION # DD 765327 s EXPRES; May 17, 2012 Sworn to and subscribed before me this day of tk 200 . The foregoing instrument was acknowledged before me by j who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIC3 Ad Vl MY COMMISSION1 Nota EXPIRES: Ql, I7 201 oL 1 %1D��ii �� Qi1 I 1 / Print Name Enclosure(s) Doc. No.:86543 Page 2 LEGAL DESCRIPTION na , nciu�s re q.�f �rowm qY 9�- WA1'-0,pE A Affi'96 wKIWMiY ��INallm s Im x a.ao� � �N � Y�wq nAme� yy�,A IIi IAI6RffYX.O� n. ROOA. lPA1 tCR wY RbY1®q IWp! .9 :p—r&w' ws""$lar c''>9K' Tfiflnmn SURVEYOR' S NOTES: M.�Y f W41W r hlnwrh IY� Yn tiw rKl s i(w MMpw, Y we wy� �MIWMprY�4WpMN0w1 p?lY Y�6.wYYaO.YVI Yy«YfV I�wNYµ�hhwifs�w4MwH .-w�..Y wlYw.wl a'aY.r�wY.rw�ww�M1w:.e�wl, a....:nbr aM. III.n: rrnr w w:r.M lw/ Y..Ar.r.+A Yr X'Yl w w. A.. AA1rR snf Y'Ar la r" a.� edaY UX°`XY YO«iw Y+°�Yo m+efY.Ym-IiYr: y�tivd Mabl 6AIY 4vY1'l hlwwY.ILJMMKI eN SY4 G u wrY L.fl.bffYU M fowl Y.w lw YYe rY! bwY•J - Y%. n�6 p6YJ. OOf OA'R A TENTATIVE PLAT OF DOUGLAS ROAD STATION VINTAGE A REPLAT OF PORTIONS OF LOTS 1 AND 2 BLOCK 1 OF DOUGLAS ROAD STATION AS RECORDED IN P. B. 158, PG. 32 OF THE PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA TOGETHER WITH A PORTION OF FDOT SURPLUS PARCEL 6105 AS RECORDED IN 0. R. B. 20439, PG. 0692 ALL LYING AND BEING IN SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI -RADE COUNTY, FLORIDA SW 40 STREET (BIRD ROAD) Af,f. coil � aAWm Rruf /Q 6R 1Mi4 6�✓J.x.v.v-.rr�II•��^- f � eWA9 N DAY AVENUE LOCATION MAP A PORTION OF M 1/t D M 1/4 fF SPG M 798 54 R2 d1 CITE 7 MIAMI MIAMI -DAM COUM, FLGIolA sou 1--300` oEAPl0Ymor VaIMIA TAME .ACM MBA W iNAC15 ZMWc CW$lw map= mmNo B 6ulow w 971JA$c 98ET (WMoee) USE S'li lANB FoorgK TAAOr A 108,839 --.am --g 1Yl— — ASC Yµ YmlA'O MOI l /1MR W. 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Nunn PAGE 1 OF 2 ,EM R— -7 P,B, 2B PQ 22 D.C.P, 1-1 K,. .. E, L 22• 19 IS is 14 4 BLT -f SECURITIES CORFORATIOV, CORAL GABLES C TY L ITS 46 1 FLAT Of CO I COAVUrr GROVE SECURITIES CORP qRATI - C' R1 REALTY S ON'S 3 F 2 PG. 85 1D 41 22 19 IS I � FLAT OF 27 26 23 1 41 35 34 31 3D COCOANUT GM o, f MIX, F,. B. 2,P0. 85 4B D C iL MiAML CII -m nuls k RAW-- EN WAY) MAM % yy is -vv AVE- 31 41 N o 46 a 3 EMM LjaT I BLOCK I % DOUGLAS W. A.S. D. PLAT RECORDED IN P. B. 158 PC 31 64 u7m AV ararD. C. �L 7- Aw Lw Lown 8 6•4 2w %w A-39 WP 11,5 ORANGE GAIQER ®Q UMV PW ROSY TRUMPET TREE ome wwl mw GUMBO UMSO NOT SUBDIVIDED CABBAGE PALM FICUS 6AAR1 (0) CA08A Auma-um LIOT SLACK OU%C PYGMY GATE PALMO MmAcE OO PAM. ak ROYAL PALM Elm= am Dart -cur ROYAL PONCIANA fJNNiA mi=m UN .—c s4k� e= YELLOW TASEBUIA UErX FENCE MAMONOLLO V&W (w) 0 SUTTLE BRUSH ann COMETE Lm UAW -X—X—X- — ,PIX M*M (,4 afflOr 0 mo�wm 4D SLVER sarruNwom mw MOLM CLEVAnON 1. I GWI41C SCALE Owe f4J or ore -r �—, 4X..? I Lj Li--�mmmmmo AM 3LTr 471= azar2w 1, 04 ansa ur L -NORTH STAR GROUP, INC 9. •PLY -wrw3-vnm MR.IML 16RD E. Ro ,= M 16 Ave SW 37 AVE (D01JGL4S ROAD) smcH OF BOUNDARY & TOPOGRAPHIC SURVEY L Mlmm-p #1 ,--X -AL�-- rsecrA AOT SUBDIVIDED �u.Vo (loc. w) ?,E. 7, X. 9l D.c.L .. l—, R. 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