HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT OF HEARING BOARDS
444 SW 2nd Avenue, 7t' Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
PUBLIC HEARING APPLICATION FOR AN
OFFICIAL VACATION AND
CLOSURE OF A PUBLIC RIGHT-OF-WAY
Welcome to Hearing Boards! This application process is for your reference and review.
It is intended to serve as a guide in acquainting you with our public hearing process. Following
are a series of concerns/requirements for you take into account. By any means, please feel
free to contact the department, should you have any questions.
CITY OF MIAMI 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.
The responses to the attached application must be typed and the complete application
must be signed in black ink. It will be accepted, along with pertinent documents, only the
first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the
cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application,
reviewed plans and a paid receipt must be submitted.
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. 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.
An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for
additional pages. All fees are subject to change. Also, for City Commission resolutions,
please contact the City Clerk's Office at 305-250-5360.
Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land
Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it
has a signature from the Planning and Zoning Department designee.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from the Zoning Division of the Planning and
Zoning Department.
Rev. 08115l03
I, Lucia A. Dougherty on behalf of Biscayne Development Partners, LLC
hereby apply to the City of Miami City Commission in accordance with Section 55-15 of the
Code of the City of Miami as more particularly described herein and, in support of that request,
furnish the following information:
1. 72,279 Total square feet.
2. Two (2) copies of the Tentative Plat prepared by a State of Florida registered land surveyor.
3. Two (2) original surveys of the property prepared by a State of Florida registered land
surveyor within six (6) months from the date of the application.
4. Two (2) original sketch of surveys, 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.
5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4
and 5).
6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of
property covered by the application (see pages 6 and 7).
7. At least two photographs that show the entire property (land and improvements).
8. A clear and legible copy of the recorded warranty deed and tax forms of the most current
year that shows the present owner(s) and legal description of the property, if applicable.
9. A clear and legible copy of the subject property's legal description on a separate sheet of
paper.
10. Attach Opinion of Title addressing the reversionary rights. (Note: an update shall be
required if more than three (3) months elapse before Zoning Board or City Commission
approval).
11. Other (specify and attach cover letters explaining why any document you are attaching is
pertinent to this application).
12. Cost of processing, according to the City Code:
Vacation of public right-of-way:
(a) Original submittal: Per square foot of right-of-way $ .90
Minimum $ 1,200.00
(b) Re -submittal: Per square foot of right-of-way $ .90
Minimum $ 1,200.00
Maximum $ 1,700.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
13. All documents, reports, studies, exhibits (8 1/2 xl 1") or other written or graphic materials to
be submitted at the hearing shall be submitted with this application.
Rev. 08/15/03 2
The undersigned, being the owner or representative of the owner, of the property located at
Bound by NE 36 Street, N. Miami Avenue, NE 29th Street and the FEC Railway
AND MORE PARTICULARLY DESCRIBED AS:
See attached Exhibit "A"
14. Is the property within the boundaries of a historic site, historic district or archeological zone
designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation
Officer at the Planning and Zoning Department at 305-416-1400 for information.)
No
15. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the
Planning and Zoning Department at 305-416-1400 for information.)
No
16. What is the purpose of this street closure/nature of proposed use? Streets have
never been improved. Vacation will allow development of property and platting of new right-
of-way.
Signature /' Address 1221 Brickell Avenue
Name Lucia A. Dougherty Miami, Florida 33131
Telephone 305-579-0603 Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this t '1 day of eA
20.4 by Lucia A. Dougherty
who is a(n) Individual/partner/agent/corporation of
_ a(n) Individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
OFFICIAL NOTARY SEAL
MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD148882
MY COMMISSION EXP. SEPT 17,2006
Rev. 08/15/03 3
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Lucia A.
Douohertv , who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on
the foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their 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 accompanying petition, including
responding to day to day staff inquires; ❑ not including responding to day to day staff
inquiries in which case he/she should be contacted at
3. That the foregoing pages are made a part of this affidavit contain the current names, mailing
addresses, telephone numbers and legal descriptions for the real property of which he/she
is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with this
affidavit are true and correct.
Further Affiant sayeth not.
Lucia A. Dougherty
Applicant Name Attorney for AHdcant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 11 day of
200 by Lucia A. Dougherty who is a(n)
Individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
Rev. 08/15/03 4
,:. A
MARISOL R GONZALFZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. D1 148882
MYCOMM15SI0N £XP.SEPT 17
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See attached Exhibit "A"
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having 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 shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and proportionate
interest. (See below; please supply additional lists, as applicable.)
Owner's Name Biscayne Development Partners. LLC
Mailing Address c/o 1221 Brickell Avenue. Miami. Florida Zip Code 33131
Telephone Number (305) 579-0737
See attached Exhibit "B"
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 500 feet of the subject real property. (See
below; please supply additional lists, as applicable.)
Street Address Legal Description
None
Lucia A. Dougherty
Owner or Attorney for Owner Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner or °2-Attorn y for Owner Signature
Fle foregoing instrument was acknowledged before me this l day of
20 b,'by Lucia A. Dougherty who is " a(n)
individual/partner/agent/corporation of
a(n) Individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
Rev. 08/15/03 5
60F1C(ACNOTARYSAL
MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD148882
MY COMMISSION EXP. SEPT17,2006
Exhibit "A"
Legal Description:
All of that right-of-way lying within the PLAT OF MONTGOMERY CO'S
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1 at
Page 144 of the Public Records of Miami -Dade County, Florida.; Less and
except that portion of right -way lying within the North 39.00 feet of the
Northeast Quarter (NE 1/a) of Section 25, Township 53 South, Range 41
East; And Less and except that portion of right-of-way lying within the
West 47.00 feet of the Northeast Quarter (NE 1/4), of the Northeast
Quarter (NE 1/4), of Section 25, Township 53 South, Range 41 East; Said
Right-of-way to be vacated being more particularly described as follows :
Commence at the Northwest Corner of the Northeast Quarter (NE '/a), of
the Northeast Quarter (NE 1/4) of Section 25, Township 53 South, Range
41 East; thence N 88°23'48" E along the North Line of the Northeast
Quarter of said Section 25 for a distance of 461.51 feet to a point; thence
S 01°16'42" E for a distance of 39.00 feet to the Point of Beginning of the
following parcel of land herein described; thence continue S 01°16'42" E
for a distance of 676.01 feet to a point; thence S 88°23'48" W for a
distance of 153.00 feet to a point; thence S 01°16'42" E for a distance of
18.42 feet to a point; thence N 88°23'48" E for a distance of 153.00 feet
to a point; thence S 01°16'42" E for a distance of 148.50 feet to a point;
thence S 88°23'48" W for a distance of 414.51 feet to a point on a line
47.00 feet Easterly of and parallel with the West Line of Northeast
Quarter (NE 1/4), of the Northeast Quarter (NE 1/4) of said Section 25;
thence S 01°16'42" E along said line for a distance of 40.00 feet to a
point; thence N 88°23'48" E for a distance of 614.00 feet to a point;
thence N 01°16'42" W for a distance of 40.00 feet to a point; thence S
88°23'48" W for a distance of 149.50 feet to a point; thence N 01°16'42"
.c a! cirtNE- cglain and c"issoalates, ina
11941 S.W. 144th Street, Miami, F1 33186
Ph 305-233-9210 Fax 305-251-1183
W for a distance of 148.50 feet to a point; thence N 88°23'48" E for a
distance of 149.50 feet to a point; thence N 01°16'42" W for a distance of
18.42 feet to a point; thence S 88°23'48" W for a distance of 149.50 feet
to a point; thence N 01°16'42" W for a distance of 676.01 feet to a point
on a line 39.00 feet Southerly of and parallel with the North Line of the
Northeast Quarter (NE 1) of said Section 25; thence S 88°23'48" W along
said line for a distance of 50.00 feet to the Point of Beginning.
Said lands lying in and being in the City of Miami, Florida. Said lands
containing 72,279 Square Feet, more or less.
,.sgwEat- sfiiit1n and cf iioalatss, gna
11941 S.W. 144th Street, Miami, FI 33186
Ph 305-233-9210 Fax 305-251-1183
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
NWCoorner NE 1/4 NE 1/4
Section 25-535-44IE NE 3 th
NW 35th
STREET
Am
NW 34th
TERRACE
NW 34th
STREET
PREPARED FOR:
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03a1A108fS iON
c'eficvTELT12E - c.glik2En ggssoda:hEs, (1 47)
LAND SURVEYORS • ENGINEERS • LAND PLANNERS • SOILS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 • DADE:(305)652-7010 BROWARD:(954)435-7010 FAX:(305)652-8284
11941 S.W. 144th. STREET M1AMI, FLORIDA 33186 • TEL:(305) 233-9210 FAX:(305)251-1183
PREPARED UNDER MYriSUP" "VISION:
THIS IS NOT A "LAND SURVEY".
SHEET 1 OF SHEET(S)
ORDER NO.: 442786
DATE: 09-08-03
F.B.: FIIc
MARK STEVEN JSON VICE PRE'S.
FLORIDA PROF, LAND SURVEYOR NO. 4775
Exhibit "B"
BISCAYNE DEVELOPMENT PARTNERS LLC, a Florida limited liability
company
50%
CAYRE BISCAYNE LLC, a Florida limited liability company
93%
Joe Cayre 20% of 93%
Michael Cayre 16% of 93%
Jack Cayre 16% of 93%
Irrevocable Trust -beneficiary Stephen Cayre 16% of 93%
Irrevocable Trust -beneficiary Daniel Cayre 16% of 93%
Irrevocable Trust -beneficiary Grace Cayre 16% of 93%
5% Dan Pfeffer
1% Harvey Fuchs
.5% Mark Kaimen
.5% Michael Haddad
all members c/o Midtown Equities, LLC 417 5th Avenue, 9th fl, NY, NY 10016
50%
CONVERGENCY PLAZA PARTNERS, LLC, a Delaware limited liability
company
Michael Samuel 100%
THIS INSTRUMENT WAS PREPARED BY:
DANIEL M. MACKLER, ESQ.
GUNSTER, YOAKLEY & STEWART, P.A.
500 EASTBROWARD BOULEVARD, SUITE 1400
FORT LAUDERDALE, FLORIDA 33394
Folio Nos.: 01-3125-000-0010, 01-3125-000-0011,
01-3125-000-0020, 01-3125-000-0030, 01-3125-000-0050,
01-3125-000-0230, 01-3125-000-0240, 01-3125-000-0250,
01-3125-000-0270, 01-3125-000-0271, 01-3125-000-0280,
01-3125-000-0281, 01-3125-000-0290, 01-3125-000-0300,
01-3125-000-0309,01-3125-071.0010,01-3125-071-0020,
01-3125-004-0070, and 01-3125-004-0120
SPECIAL WARRANTY DEED
0 2 R 7 1 7 1D 5i 7 2002 DEC 06 15:
DOCSTPDEE207,000.0' SUf TX 155,250d
HARVEY RUM, CLERK DADE COUNTY, f
THIS INDENTURE, made this 5+h day of December, 2002, between FLORIDA
EAST COAST RAILWAY, L.L.C., a Florida limited liability company, successor by merger to
FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, whose address is One
Malaga Street, St. Augustine, Florida 32084 ("Grantor") and BISCAYNE DEVELOPMENT
PARTNERS LLC, a Florida limited liability company, whose address is
41.7 5t&..Ave ..9ttli.E1r._;NY,NY 100,16,.Attn: Ilan Pfeffer ' ("Grantee"), and whose federal taxpayer
identification number is:
WITNESSETH THAT:
Grantor, for and in consideration of the sum of Ten and No/100 U.S. Dollars ($10.00),
lawful money of the United States of America, to it in hand paid by the Grantee, at or before the
ensealing and delivery of these presents, the receipt of which is hereby acknowledged, has
granted, bargained, sold, alienated, remised, released, conveyed and confirmed and by these
presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee
and its/his/her heirs or successors and assignees forever, the following parcel of land, situate,
lying and being in the County of Miami -Dade ("County"), State of Florida, and more particularly
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (the "Land").
SUBJECT, HOWEVER, TO THE FOLLOWING:
1) Real property taxes, assessments and special district Ievies, for the year 2003 and -for
subsequent years.
2) Zoning and other regulatory laws and ordinances affecting the Land.
3) , Reservations attached hereto as EXHIBIT B.
4) Easements, reservations, restrictions, rights of way, and other matters
any, including, but not limited to, those certain matters set forth in
attached hereto, without hereby re -imposing same.
5) Matters shown by a current and accurate survey or physical inspection of the Land.
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in any way appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that it is lawfully seized of the
Land hereby conveyed in fee simple; that it has good right and lawful authority to sell and
convey said Land; that it hereby specially warrants the title to said Land and will defend the
same against the lawful claims of any persons claiming by, through or under the said Grantor.
[TEXT AND SIGNATURES FOLLOW]
IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name
by its proper officers, and its corporate seal to be affixed, the day and year first above written.
FLORIDA EAST COAST RAILWAY, L.L.C., a
Florida limited liability company, successor by
merger to FLORIDA EAST COAST RAILWAY
COMPANY, a Florida corporation
Alt 0/ 6/eleAd_
Witness .
Printed Name of Witness
�ess )
P.(tkr C neS
Printed Name of Witness
44044,
By:
Name 41614 r f'07AcSaAiN
Title: &urcu n a, Vie" fie In,€,1 r
STATE OF FLORIDA )
) ss.:
COUNTY OF `' 1131`' )
The foregoing Special Warranty Deed was acknowledged before me this ' day of
December, 2002, by tt- 1 . VY)n cc.0 r , as G x ec MJE- V c e.
of FLORIDA EAST COAST RAILWAY, L.L.C., a Florida limited liability company,
successor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida
corporation, on behalf of the company, who ( vfis personally known to me, or ( ) produced
as identification.
/4-am C�
Signaturevf Notary Publjc
Printed Name of Not Yid-• JONES
om Public, State of Florida
My comm. expires Jan. 22, 2006
Comm. No: DD 084231
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of "Western Boulevard Tract" as recorded in Plat Book 1 Page 108 of the Public
Records of Dade County, Florida; Together with a portion of "Plat of Montgomery Co's
Subdivision" as recorded in Plat Book 1 at Page 144 of the Public Records of Miami —Dade
County, Florida; Together with a portion of "Central Buena Vista" as recorded in Plat Book
121 at Page 71 of the Public Records of Miami —Dade County, Florida; The overall boundary
being more particularly described as follows:
Begin at the southwest corner of Lot 22 of said "Western Boulevard Tract"; Thence
N1'18'28"W along the east right—of—way line of North Miami Avenue, for 972.92 feet;
Thence N116'42"W continuing along said east right—of—way line, for 1310.24 feet to the
south right—of—way line of the Northeast 36th Street; Thence N88'23'47"E along the south
right—of—way line Northeast 36th Street for 1349.22 feet to the proposed west
right —of --way line of the Florida East Coast Railway, said right—of—way line Tying
approximately 28.00 feet westerly of the centerline of the existing railroad tracks; Thence
S1212'51"W along said proposed right—of—way line, for 313.32 feet to a point, of curve;
Thence southwesterly along the arc of a circular curve concave to the southeast, said
curve having a radius of 1500.00 feet and a central angle of 3'07124", for an arc distance
• of 81.77 feet to a point of tangency, Thence S9'05'27"W continuing along said proposed
right —of —way line. for 99.75 feet to a point of curve; Thence southwesterly along the •arc
of a circular curve concave to the northwest, said curve having a radius of 3500.00 and a
central angle of 3'07'24", for an arc distance of 190.79 feet to a point of tangency,
Thence S12'12'51 "W continuing along said proposed right—of—way line for 1665.22 feet to
the north right--of—way line of Northeast 29th Street extended; Thence 388'34'16"W along
the said north right—of—way line and its extension for 462.78 feet to the southeast corner
of Lot 16 of said "Western Boulevard Tract"; Thence N118'24"W along the east line of said
Lot 16, for 138.20 feet to the northeast corner of said Lot 16; Thence S88'34'16"W along
the north line of Lots 16,17,18,19, and 20 'of said "Western Boulevard Tract", for 250.00
feet to the northwest corner of said Lot 20; Thence S118'28"E along the west line. of Lot
20, for 138.20 feet to southwest corner of said Lot 20; Thence 588'34'16"W along_ the
south line of Lots 21 and 22 of said "Western Boulevard Tract", for 100.00 feet to the
point of beginning, subject to a proposed communications easement over the easterly
25.00 feet thereof.
EXHIBIT "B"
RESERVATIONS
In consideration of the conveyance made in the deed to which these Reservations are
attached, Grantor hereby establishes, declares and prescribes that the Land shall be owned, held,
transferred and conveyed subject to the reservations hereinafter set forth, which shall apply to
and be covenants running with the Land; Grantee, its successors and assignees, and every owner,
present or past of the Land or any part thereof, including any purchaser at a judicial sale (by
acceptance of a deed therefor, whether or not it shall be so expressed in such deed of'
conveyance) hereby covenants and agrees to covenant, to comply with, abide and be bound by
these Reservations.
I. EASEMENTS
A. Grantor hereby reserves unto itself, its successors, assignees, permittees,
designees, licensees, or other persons: (a) the exclusive right and privilege to operate, maintain,
repair, improve, modify, remove, and replace existing underground communication facilities,
utility facilities, signal facilities and like facilities (collectively the "Facilities") over, under,
across and within the Easement Area (as defined below); and (b) the non-exclusive right and
privilege to construct, operate, maintain, improve, modify remove and replace future Facilities
over, under, across and within a strip of land that is twenty-five feet (25') wide, located along the
easterly boundary of the Land, and is more particularly described on the ALTA Survey prepared
by E.R. Brownell & Assoc., Inc. under Sk. No. LS-2355 and dated November I, 2002 attached
hereto as Schedule 1 (herein called the "Easement Area"). Grantor shall notify Grantee in the
event Grantor desires to excavate or dig in the Easement Area to repair, maintain or replace the
Facilities. Grantor agrees to cause any excavation or digging to occur in such a manner so as to
minimize the interference with the Land and upon completion, agrees to restore the Easement
Area to the condition that existed prior to such excavation and digging, which shall include,
without limitation, the restoration of any pavement, landscaping and/or curbing. Grantee
reserves the right to construct paving, curbing and landscaping in the subject easement area, but
not buildings or other vertical improvements. Grantee agrees not to take any actions or measures
that would interfere with the construction, installation, operation, maintenance, repair,
improvement, modification, removal, or replacement of the Facilities and shall at all times allow
reasonably direct ingress and egress to the reserved area by Grantor and its successors, assignees,
permittees, designees, licensees, or other persons. Further, Grantee acknowledges and agrees
that any fees or other compensation relating to the Facilities shall inure to the benefit solely -of
Grantor.
B. Prior to the commencement of construction of any buildings on any portion of the
Land, Grantee shall determine the location of the easement described in subparagraph (A) above,
and no buildings shall at any time be constructed upon or be permitted to remain on or above any
such Facilities.
SCHEDULE 1 TO EXHIBIT "B"
EASEMENT AREA
C. Grantee (for both itself and its successors and assigns) agrees to execute (or join
in the execution of), from time to time promptly upon request, documentation confirmatory or in
furtherance of the foregoing reservations including, without limitation, direct grants of such
easements to the beneficiaries thereof.
2. RESTRICTIONS AND COVENANTS RUNNING WITH THE LAND. The
reservations and easements herein provided for shall constitute a servitude in and upon the Land
and every part thereof, and shall run with the Land and inure to the benefit of and be enforceable
by Grantor, it successors and assignees (as described hereinabove). Any failure to enforce any
restriction, covenant, condition, obligation, reservation, right, power, or charge herein contained
shall in no event be deemed a waiver of the right to thereafter enforce any such restriction,
covenant, condition, obligation, reservation, right, power or charge.
3. REMEDIES FOR VIOLATION. Violation or breach of any restriction,
easement, covenant, condition, obligation, reservation, right, power ,or charge herein set forth
shall give Grantor, in addition to all other remedies, the right to proceed at law or in equity to
compel a compliance with the terms of such violated or breached covenant, condition, obligation,
reservation, right, power or charge, and to prevent the violation or breach thereof (even if
compliance requires the demolition of improvements on the Land); and the expenses of such
litigation (including all appellate levels) shall be borne by the party losing such litigation.
WMw
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•
•
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CIE1sI5T.
EXHIBIT "C"
PERMITTED EXCEPTIONS
1. Matters appearing on the Plat of Florida Department of Transportation
Maintenance Map recorded in Plat Book 124, page 66.
2. Terms, conditions, easements and restrictions appearing on the Plat of Central
Buena Vista Subdivision, according to the Plat thereof, recorded in Plat Book
121, page 71 of the Public Records of Miami -Dade County, Florida.
3. Easement to Florida Power & Light Company recorded November 9, 1983 in
Official Records Book 11963, page 734.
4. Memorandum of Agreement between Florida East Coast Railway Company,
Inc. and Sprint dated April 28, 1993 recorded in Official Records Book 15907,
page 2945.
5. Rights of parties in possession pursuant to unrecorded leases as tenants only
with no rights of purchase.
#217601v1
STATE OF FLOR1DA, COLIN
1 NEfl f3 jcERTiFY that .thrs rs
gttgmal {L5a t s °nice
14,1TNESS my I
HARVEY RUV
Y.['F DADE
p oe the
ji J fii
OPINION OF TITLE
To: CITY OF MIAMI, FLORIDA, a municipal corporation
With the understanding that this Opinion of Title is furnished to the City of Miami, Florida, a
municipal corporation, in compliance with Section 55-8 of the Miami City Code and as an
inducement for acceptance of a proposed final subdivision plat covering, covering the real
property, hereinafter described, it is hereby certified that we have examined Chicago Title
Insurance Company Policy No, 10 0113 106 00002965, covering the period from the beginning
to December 6, 2002 at 3:12 p.m. as updated through August 19, 2003 inclusive, of the following
described property:
A PORTION OF "WESTERN BOULEVARD TRACT" AS RECORDED IN PLAT BOOK 1
PAGE 108 OF THE PUBLIC RECORDS OF DADE COUNTRY, FLORIDA; TOGETHER
WITH A PORTION OF "PLAT OF MONTGOMERY CO'S SUBDIVISION" AS RECORDED
IN PLAT BOOK 1 AT PAGE 144 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; TOGETHER WITH A PORTION OF "CENTRAL BUENA VISTA" AS
RECORDED IN PLAT BOOK 121 AT PAGE 71 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; THE OVERALL BOUNDARY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 22 OF SAID "WESTERN BOULEVARD
TRACT"; THENCE NORTH 1 DEGREE 18 MINUTES 28 SECONDS WEST ALONG THE
EAST RIGHT-OF-WAY LINE OF NORTH MIAMI AVENUE, FOR 972.92 FEET; THENCE
NORTH 1 DEGREE.16 MINUTES 42 SECONDS WEST CONTINUING ALONG SAID EAST
RIGHT-OF-WAY LINE, FOR 1310.24 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
THE N.E. 36TH STREET; THENCE NORTH 88 DEGREES 23 MINUTES 47 SECONDS
EAST ALONG THE SOUTH RIGHT-OF-WAY LINE NE 36TH STREET FOR 1349,22 FEET
TO THE PROPOSED WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST
RAILWAY, SAID RIGHT-OF-WAY LINE LYING APPROXIMATELY 28.00 FEET
WESTERLY OF THE CENTERLINE OF THE EXISTING RAILROAD TRACKS; THENCE
SOUTH 12 DEGREES 12 MINUTES 51 SECONDS WEST ALONG SAID PROPOSED
RIGHT-OF-WAY LINE, FOR 313.32 FEET TO A POINT OF CURVE; THENCE
SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
SOUTHEAST, SAID CURVE HAVING A RADIUS OF 1500.00 FEET AND A CENTRAL
ANGLE OF 03 DEGREES 07 MINUTES 24 SECONDS, FOR AN ARC DISTANCE OF 81.77
FEET TO A POINT OF TANGENCY; THENCE SOUTH 9 DEGREES 05 MINUTES 27
SECONDS WEST CONTINUING ALONG SAID PROPOSED RIGHT-OF-WAY LINE, FOR
99.75 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF
A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID CURVE HAVING A
RADIUS OF 3500.00 AND A CENTRAL ANGLE OF 3 DEGREES 07 MINUTES 24
SECONDS, FOR AN ARC DISTANCE OF 190.79 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 12 DEGREES 12 MINUTES 51 SECONDS WEST, CONTINUING
ALONG SAID PROPOSED RIGHT-OF-WAY LINE FOR 1665.22 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF NE 29TH STREET EXTENDED; THENCE SOUTH 88
DEGREES 34 MINUTES 16 SECONDS WEST ALONG THE SAID NORTH RIGHT-OF-
WAY LINE AND ITS EXTENSION FOR 462.78 FEET TO THE SOUTHEAST CORNER OF
LOT 16 OF SAID "WESTERN BOULEVARD TRACT"; THENCE NORTH 1 DEGREE 18
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MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 16, FOR. 138.20
FEET TO THE NORTHEAST CORNER OF SAID LOT 16; THENCE SOUTH 88 DEGREES
34 MINUTES 16 SECONDS WEST ALONG THE NORTH LINE OF LOTS 16, 17, 18, 19,
AND 20 OF SAID "WESTERN BOULEVARD TRACT", FOR 250.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 20; THENCE SOUTH 1 DEGREE 18 MINUTES 28
SECONDS EAST ALONG THE WEST LINE OF LOT 20, FOR 138.20 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 20; THENCE SOUTH 88 DEGREES 34 MINUTES
16 SECONDS WEST ALONG THE SOUTH LINE OF LOTS 21 AND 22 OF SAID
"WESTERN BOULEVARD TRACT", FOR 100.00 FEET TO THE POINT OF BEGINNING,
SUBJECT TO A PROPOSED COMMUNICATIONS EASEMENT OVER THE EASTERLY
25.00 FEET THEREOF.
I am of the opinion that on the last mentioned date, the fee simple title to the above -
described real property was vested in:
Biscayne Development Partners LLC, a Florida limited liability company
Subject to the following encumbrances, liens and other exceptions:
1. RECORDED MORTGAGES:
Mortgage in favor of Fremont Investment & Loan, a California industrial bank, dated
December 5, 2002, recorded on December 6, 2002 in Official Records Book 20853,
at Page 2884 of the Public Records of Miami -Dade County, Florida.
2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND
JUDGMENTS: NONE
3. GENERAL EXCEPTIONS:
a) All taxes for the year in which this opinion is rendered, unless noted below that
such taxes have been paid.
b) Rights of persons other than the above owners who are in possession.
c) Facts that would be disclosed upon accurate survey.
d) Any unrecorded labor, mechanics' or materialmens' liens.
e) Zoning and other restrictions imposed by governmental authority.
4. SPECIAL EXCEPTIONS:
a) The following matters reflected in that certain Survey prepared by Mark Steven
Johnson, SVP, Professional Land Surveyor No. 4775 at E.R. Brownell Associates,
Inc., Sketch No. LS-2355, dated November 1, 2002. Evidence of utilities
throughout subject property. Encroachment of chain link fence from within and
without subject property over portions of the North, South, and East lines of the
subject property.
2
b) Matters appearing on the Plat of Florida Department of Transportation
Maintenance Map recorded in Plat Book 124, page 66.
c) Terms, conditions, easements and restrictions appearing on the Plat of Central
Buena Vista Subdivision, according to the Plat thereof, recorded in Plat Book
121, page 71 of the Public Records of Miami -Dade County, Florida.
d) Easement to Florida Power & Light Company recorded November 9, 1983 in
Official Records Book 11963, page 734.
e) Memorandum of Agreement between Florida East Coast Railway Company, Inc.
and Sprint dated April 28, 1993 recorded in Official Records Book 15907, page
2945.
f) Rights of tenants, as tenants only, under unrecorded leases with no rights or
options of purchase.
g)
Easements and reservations contained in that Special Warranty Deed recorded in
Official Records Book 20853, Page 2869.
h) UCC-1 Financing Statement filed December 6, 2002, in Official Records Book
20853, at Page 2905.
NOTE: All of the recording information contained herein refers to the Public
Records of Miami -Dade County, Florida, unless otherwise indicated.
I HEREBY CERTIFY that I have reviewed all of the aforementioned encumbrances
and exceptions.
Therefore, it is my opinion that the following party(ies) must join in the agreement in
order to make the agreement a valid and binding covenant on the lands described herein.
NAME INTEREST SPECIAL EXCEPTION NUMBER
Biscayne Development Owner N/A
Partners, LLC
Freemont Investment & Loan Mortgagee 1
With respect to the reversionary rights for the right-of-way portion of the Property to be
closed and vacated, as more particularly described in Exhibit "A" attached hereto and
incorporated herein ("Alleys"), we have examined the Florida Statute and have determined that
Section 177.085 of the Florida Statutes ("Statute") reads as follows:
"When any owner of land subdivides the land and dedicates streets, other
roadways, alleys or similar strips on the map or plat, and the dedication contains a
provision that the reversionary interest in the street, roadway, alley or other
similar strip is reserved unto the dedicator or his heirs, successors, assigns, or
legal representative, or similar language, and thereafter conveys abutting lots or
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tracts, the conveyance shall carry the reversionary interest in the abutting street to
the center line or other appropriate boundary, unless the owner clearly provides
otherwise in the conveyance."
Based upon the presumption that proper and appropriate steps have been taken to close
the Alleys, the presumption that none of the deeds in the chain of title of the abutting land
contained a personal reversionary interest in the abutting streets, and further presumption that
none of the plats as described above contained a personal reversionary interest, or required the
joinder of any other parties, it is our opinion that by virtue of the conditions set forth in the
Statute, that that the Alleys have become the property of the abutting land owners to the
centerline on each side. Since the same owners own all lots and the abutting land, that
ownership by virtue of the closing of the Alleys adjoining the respective land, has placed title to
the Alleys in the abutting land owners, Biscayne Development Partners LLC, further, since the
Property encompasses the Alleys, it is our opinion that fee simple ownership of the Alleys, upon
proper vacation, shall revert to the existing titleholder of the Property, Biscayne Development
Partners LLC, a Florida limited liability company.
I, the undersigned further certify that 1 am an attorney -at -law duly admitted to practice in
the State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument
2003, by Ricardo L. Fraga, who
identification.
My Comission Expires:
day of September, 2003.
GREENBERG TRAURIG, P.A.
By:
Name. cd'o L. Fraga
Flori da Bar No. 0078719
was acknowledged before me this w day of September,
is personally known to me or has produced , as
Notary ublic
Print Name
4
EXHIBIT "A"
All of that right-of-way lying within the PLAT OF MONTGOMERY CO'S
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1 at Page 144 of the
Public Records of Miami -Dade County, Florida.; Less and except that portion of right -way lying
within the North 39.00 feet of the Northeast Quarter (NE 1/4) of Section 25, Township 53 South,
Range 41 East; And Less and except that portion of right-of-way lying within the West 47.00
feet of the Northeast Quarter (NE 1/4), of the Northeast Quarter (NE 1/4), of Section 25, Township
53 South, Range 41 East; Said Right-of-way to be vacated being more particularly described as
follows
Commence at the Northwest Corner of the Northeast Quarter (NE 1/4), of the Northeast
Quarter (NE 1/4) of Section 25, Township 53 South, Range 41 East; thence N 88°23'48" E along
the North Line of the Northeast Quarter of said Section 25 for a distance of 461.51 feet to a
point; thence S 01°16'42" E for a distance of 39.00 feet to the Point of Beginning of the
following parcel of land herein described; thence continue S 01°16'42" E for a distance of
676,01 feet to a point; thence S 88°23'48" W for a distance of 153.00 feet to a point; thence S
01°16'42" E for a distance of 18.42 feet to a point; thence N 88°23'48" E for a distance of
153.00 feet to a point; thence S 01°16'42" E for a distance of 148.50 feet to a point; thence S
88°23'48" W for a distance of 414.51 feet to a point on a line 47.00 feet Easterly of and parallel
with the West Line of Northeast Quarter (NE 'A), of the Northeast Quarter (NE 1/4) of said
Section 25; thence S 01°16'42" E along said line for a distance of 40.00 feet to a point; thence N
88°23'48" E for a distance of 614.00 feet to a point; thence N 01°16'42" W for a distance of
40.00 feet to a point; thence S 88°23'48" W for a distance of 149.50 feet to a point; thence N
01°16'42" W for a distance of 148.50 feet to a point; thence N 88°23'48" E for a distance of
149.50 feet to a point; thence N 01°16'42" W for a distance of 18.42 feet to a point; thence S
88°23'48" W for a distance of 149.50 feet to a point; thence N 01°16'42" W for a distance of
676.01 feet to a point on a line 39.00 feet Southerly of and parallel with the North Line of the
Northeast Quarter (NE 1/4) of said Section 25; thence S 88°23'48" W along said line for a
distance of 50.00 feet to the Point of Beginning.
Said lands lying in and being in the City of Miami, Florida. Said lands containing 72,279
Square Feet, more or less.
MIA-SRV 0111498775v02
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AFFIDAVIT
State of Florida
County of Miami -Dade
BEFORE ME, the undersigned authority, this 9th day of September, 2003 personally
appeared Mark Steven Johnson, the Affiant herein, who under oath, deposes and says as
follows :
1. That the Affiant is a Professional Surveyor and Mapper duly authorized to practice in
the State of Florida.
2. That this Affidavit is made in that certain right-of-way shown on PLAT OF THE
MONTGOMERY CO'S SUBDIVISION as recorded in Plat Book 1 at Page 144 of the Public
Records of Miami -Dade County, Florida.
3. The lands to which the applicant is the fee holder are more particularly described as
follows :
A portion of "Western Boulevard Tract" as recorded in Plat Book 1 Page 108 of the Public
Records of Dade County, Florida; Together with a portion of "Plat of Montgomery Co's
Subdivision" as recorded in Plat Book 1 at Page 144 of the Public Records of Miami Dade
County, Florida; Together with a portion of "Central Buena Vista" as recorded in Plat Book 121
at Page 71 of the Public Records of Miami -Dade County, Florida; The overall boundary being
more particularly described as follows:
Begin at the southwest corner of Lot 22 of said "Western Boulevard Tract'; Thence
Ni °18'28"W along the east right-of-way line of North Miami Avenue, for 972.92 feet; Thence
N1 °16'42"W continuing along said east right-of-way line, for 1310.24 feet to the south right-of-
way line of the Northeast 36th Street; Thence N88 °23'47"E along the south right-of-way line
Northeast 36th Street for 1349.22 feet to the proposed west right-of-way line of the Florida
East Coast Railway, said right-of-way line lying approximately 28.00 feet westerly of the
centerline of the existing railroad tracks; Thence SI2°12'51 "W along said proposed right-of-
way line, for 313.32 feet to a point of curve; Thence southwesterly along the arc of a circular
curve concave to the southeast, said curve having a radius of 1500.00 feet and a central
angle of 3 °07'24 , for an arc distance of 81.77 feet to a point of tangency; Thence S9 °05'27"W
continuing along said proposed right -of -way line, for 99.75 feet to a point of curve; Thence
southwesterly along the arc of a circular curve concave to the northwest, said curve having a
radius of 3500.00 and a central angle of 3 °07'24 ", for an arc distance of 190.79 feet to a
point of tangency; Thence S12 °12'51 "W continuing along said proposed right-of-way line for
1665.22 feet to the north right-of-way Iine of Northeast 29th Street extended; Thence
S88 °34'16"W along the said north right-of-way line and its extension for 462.78 feet to the
southeast corner of Lot 16 of said "Western Boulevard Tract"; Thence Ni °18'24"W along the
east Iine of said Lot 16, for 138.20 feet to the northeast corner of said Lot 16; Thence
S88°34'16"W along the north line of Lots 16,17,18,19, and 20 of said "Western Boulevard
Tract", for 250.00 feet to the northwest corner of said Lot 20; Thence Si °18'28"E along the
west line of Lot 20, for 138.20 feet to southwest corner of said Lot 20; Thence S88°34'16"W
along the south line of Lots 21 and 22 of said "Western Boulevard Tract", for 100.00 feet to
the point of beginning, subject to a proposed communications easement over the easterly
25.00 feet thereof
4. Pursuant to said Plat, the lands (right-of-way) to which the applicant seeks to vacate
are more particularly described as follows :
All of that right-of-way lying within the PLAT OF MONTGOMERY CO'S SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 1 at Page 144 of the Public Records of
Miami -Dade County, Florida.; Less and except that portion of right -way lying within the North
39.00 feet of the Northeast Quarter (NE '/) of Section 25, Township 53 South, Range 41 East;
And Less and except that portion of right-of-way lying within the West 47.00 feet of the
Northeast Quarter (NE %), of the Northeast Quarter (NE '/), of Section 25, Township 53 South,
Range 41 East; Said Right-of-way to be vacated being more particularly described as follous :
Commence at the Northwest Corner of the Northeast Quarter (NE 1/4), of the Northeast Quarter
(NE 1/) of Section 25, Township 53 South, Range 41 East; thence N 88°23'48" E along the
North Line of the Northeast Quarter of said Section 25 for a distance of 461.51 feet to a point;
thence S 01 °16'42" E for a distance of 39.00 feet to the Point of Beginning of the following
parcel of land herein described; thence continue S 01°16'42" Efor a distance of 676.0I feet to
a point; thence S 88°23'48" W for a distance of 153.00 feet to a point; thence S 01 '16'42" E
for a distance of 18.42 feet to a point; thence N 88°23'48" E for a distance of 153.00 feet to a
point; thence S 01 °16'42" E for a distance of 148.50 feet to a point; thence S 88°23'48' W for
a distance of 414.51 feet to a point on a line 47.00 feet Easterly of and parallel with the West
Line of Northeast Quarter (NE 'A), of the Northeast Quarter (NE 1/4) of said Section 25; thence S
01 '16'42' E along said line for a distance of 40.00 feet to a point; thence N 88°23'48" E for a
distance of 614.00 feet to a point; thence N 01 °16'42' W for a distance of 40.00 feet to a
'point; thence S 88 °23'48" W for a distance of 149.50 feet to a point; thence N 01 °16'42" W
for a distance of 148.50 feet to a point; thence N 88 °23'48" E for a distance of 149.50 feet to
a point; thence N 01 °16'42" W for a distance of 18.42 feet to a point; thence S 88°23'48' W
for a distance of 149.50 feet to a point; thence N 01 °16'42" W for a distance of 676.01 feet to
a point on a line 39.00 feet Southerly of and parallel with the North Line of the Northeast
Quarter (NE 1/4) of said Section 25; thence S 88 °23'48' W along said line for a distance of
50.00 feet to the Point of Beginning.
Said lands lying in and being in the City of Miami, Florida. Said lands containing 72,279
Square Feet, more or less.
5. . Whereas the right-of-way described as the lands "to be vacated" (4) are contained
wholly within: the "owned" lands described (3) and further said lands to be vacated are
contained wholly wit 'n the Limits of Plat of the Proposed Plat of Buena Vista West.
rther Affiar t .Sae N • .
Mark Steven nson
Professional Surveyor and Mapper No.4775
State of Florida
SWORN TO AND SUBSCRIBED before me this 9th day of September, 2003 by Mark Steven
Johnson, Professional Surveyor and Mapper, who is personally known to me and who did
take an oath.
OFFICIAL NOTARY SEAL
LEZ
NOTARY P 8�C STATE F FLORIDA
COMMISSION NO. DD148882
MY COMM ISSION EXP. SEPT 27
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