Loading...
HomeMy WebLinkAboutApplication & Supp DocsB E RCOW & RADE LL ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-625 Email: BFemandez@brzaningle.w.com VIA HAND DELIVERY December 1, 2003 Yamile Trehy, Esq. Assistant City Attorney City of Miami Riverside Center 444 SW 2nd Avenue, Suite # 945 Miami, FL 33130 RE: Right -of -Way Vacation for 2700, 2730, 2742-46 SW 27th Avenue and 2701 SW 27th Court / Agenda Item 3 from Zoning Board Heading on November 24, 2003 Dear Mrs. Trehy: In accordance with the Zoning Board's resolution with respect to the referenced application, I am enclosing for your review a copy of the Opinion of Title for the right -of-way to be vacated. Please let me know if you require any additional information. Si ly, Ben Fernandez Enclosure BF/bl cc: Juan Porro WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SULTE 860 • MIAMI. FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 FERNANDO j. PORTUONDO, P.A. • ATTORNEY AT LAW • 2121 PONCE DE LEON BOULEVARD SUITE 600 CORAL GABLES, FL 33134 TELEPHONE:(305)567-9953 FACSIMILE:(305)567-2426 E -MAIL : P O R T U O N D O F@ A O L. C O M OPINION OF TITLE To: City of Miami With the understanding that this opinion of title is furnished to the City of Miami, Florida, and the City of Miami Public Works Department as an inducement for acceptance and approval of the requested vacation of the alleys hereinbelow described as Parcel B, it is hereby certified that based upon Attorneys Title Insurance Fund, Inc. Owner's Title Insurance Policy OPM-2210403, having an effective date of July 23, 2002, at the hour of 11:47 a.m., and an Attorneys Title Insurance Fund, Inc. title update certified from July 1, 2002 through June 26, 2003 at the hour of 11:00 p.m., as to Parcel A, in connection with following described real property: Parcel A: Parcel B: Lots 1, 4, 5 and 6, Block 24, Lot 2, Block 24 less the South 5 feet, Lot 3, Block 24, less the North 5 feet`for alley and Lots 8, 9, 10, 11 and 12, Block 24 less the West 18 feet for alley and less the East 25 feet for Right -of --Way and less those portions of Lots 1 to 6 conveyed to the City of Miami in O.R. Book 13004, Page 262, all in South Bay Estates, according to the Plat thereof, recorded in Plat Book 5, Page 54, of the Public Records of Miami -Dade County, Florida. Lot 7, less the West 18 feet and less the East 25 feet thereof, in Block 24, of South Bay Estates, according to the Plat thereof, as recorded in Plat Book 5, at Page 54, of the Public Records of Miami -Dade County, Florida. The West 18 feet of Lots 7, 8, 9, 10, 11 and 12, of Block 24, and the South 5 feet of Lot 2, of Block 24, and the North 5 feet of Lot 3, of Block 24, of South Bay Estates, according to the Plat thereof, recorded in Plat Book 5, Page 54, of the Public Records of Miami -Dade County, Florida. Said Parcel B being described in that certain Deed dated October 27, 1925, recorded on November 20, 1925, in Deed Book 817, Page 76, of the Public Records of Miami -Dade County, Florida, wherein the grantor therein "dedicated to the perpetual use of the public" said Parcel B. Based upon the foregoing, I am of the opinion that as of the last mentioned date the fee simple title to Parcel A was vested in: GB Real Estate Ventures, LLC, a Florida limited liability company Subject to the following liens, encumbrances and other exceptions: GENERAL EXCEPTIONS 1. Subject to taxes for the year 2003 and subsequent years. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any recorded labor, mechanics or materialmen liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. Mortgage and Security Agreement from G B Real Estate Ventures, LLC, a Florida limited liability company, to COLONIAL BANK, an Alabama banking corporation, in the principal sum of $1,500,000.00, dated July 19, 2002, recorded July 23, 2002, in Official Records Book 20545, at Page 4317, of the Public Records of Miami -Dade County, Florida. 2. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of South Bay Estates, as recorded in Plat Book 5, Page 54, Public Records of Miami -Dade County, Florida. 3 Covenant to Run with the Land recorded in Official Records Book 13008, Page 959, Public Records of Miami - Dade County, Florida. 4. Covenant Running with the Land recorded in Official Records Book 13065, Page 765, Public Records of Miami - Dade County, Florida. 5 Mortgage from G B Real Estate Ventures, LLC a Florida limited liability company to Carlos G. Morrison and Pedro G. Morrison as Co -Trustees of the Lydia Morrison Trust U/A/D 4/10/87, in the principal sum of $670,000.00, recorded July 23, 2002, in Official Records Book 20545, at Page 4356, of the Public Records of Miami -Dade County, Florida. 6. Collateral Assignment of Leases, Rents and Profits in favor of Colonial Bank, recorded July 23, 2002, in Q.R. Book 20545, at Page 4345, Public Records of Miami -Dade County, Florida. 7 UCC-1 in favor of Colonial Bank recorded July 23, 2002, in Q.R. Book 20545 at Page 4352, Public Records of Miami - Dade County, Florida. 8. Assignment of Rents and Leases, in favor of Carlos G. Morrison and Pedro G. Morrison, Co -Trustees .of the Lydia Morrison Trust u/a/d 4/10/87, recorded July 23, 2002, in O.R. Book 20545 at Page 4384, of the Public Records of Miami -Dade County, Florida, 9. UCC-1 in favor of Carlos G. Morrison and Pedro G. Morrison, Co -Trustees of the Lydia Morrison Trust u/a/d/ 4/10/87, recorded July 23, 2002, in O.R. Book 20545 at Page 4395, of the Public Records of Miami -Dade -County, Florida. 10. Notice of Limitation of Future Advances recorded July 23, 2002, in O.R. Book 20545, at Page 4392, of the Public Records of Miami -Dade County, Florida. 11. Memorandum of Agreement recorded July 23, 2002, in O.R. Book 20545, at Page 4401, of the Public Records of Miami - Dade County, Florida. 12. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the above described lands, including submerged, filled and artificially exposed lands, and lands accreted to such lands 13. Unrecorded special assessment liens or unrecorded liens arising by virtue of ordinance, unrecorded agreements as to impact or other development fees, unpaid waste fees to the county or municipality, or unpaid service charges under Chapter 159, F.S. or county ordinance. Note: All recording references are in the Public Records of Miami -Dade County, Florida. Furtheflnore, based upon Dean v. Mod Properties, Ltd., 528 So.2d 432 (Fla. 5th DCA 1988), reviewed denied by Mod Properties, Ltd. v. Dean, 534 So.2d 400 (Fla. 1998), and Shal v. Mils, 645 So.2d 1079, (Fla. 3rd DCA 1994) and Brooks -Garrison Hotel Corp. v. Sara Inv. Co., 61 So.2d 913 (Fla. 1952), I am of the opinion that upon vacation in full compliance with Florida law of the alleys described in Parcel B and described in the Deed dated October 27, 1925, recorded on November 20, 1925, in Deed Book 817, Page 76, of the Public Records of Miami - Dade County, Florida, title to said alleys would pass to the owner of Parcel A. The foregoing opinion is given on the basis of and subject to the condition that this opinion may be relied upon solely by the City of Miami in connection with the acceptance and approval of the requested vacation of the alleys hereinabove described as Parcel B. I, the undersigned, certify that I am an attorney -at -law duly admitted to practice in the State of Florida and a member in good standing with the Florida Bar. Respectfully Submitted this of July, 2003. Fernando J_ Portu By: FendJ. Pnrtuondo, Esq. FL Bar No. 062383 • • • BERCOW & RADELL ZONING. LAND USE ANO ENVIRONT+AENTAL LAW Direct: 305.377.6235 E-Mail: bjernanclez$ brzoninglaw.corn VIA HAND DELIVERY October 8, 2003 Ms. Teresita Fernandez Executive Secretary Planning & Zoning Department Hearing Boards Division City of Miami Riverside Center 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 RE: Tower Twenty -Seven - Application for a Major Use Special Permit, Amendment to the Zoning Atlas, Official Vacation of a Right -of -Way, and a Variance Dear Ms. Fernandez: This law firm represents G.B. Real Estate Ventures, LLC in relation to the referenced applications enclosed under Article I, Tab B. This letter shall serve as the Applicant's letter of intent in order to request the following approvals: • MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use of 36,337 square feet of floor area x $6.67 = $242,367.79 by contribution to the Affordable Housing Trust Fund. • MUSP, as per Article 9, Section 914.2, FAR bonus for lots in vicinity of Metro rail and Metro mover, a ten percent increase in allowable floor area ratio when consistent with the Miami Comprehensive Neighborhood Plan,1989-2000. • MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent, 29,096 square feet. WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • • • Ms. Teresita Fernandez October 8, 2003 Page 2 • Request for a request for a rezoning from R-2 (Two - Family Residential) to C-1 (Restricted Commercial).1 • VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, maximum building footprint. Maximum allowed 33,802 square feet Proposed 45,435 square feet Request to increase by 11,633 additional square feet • Official vacation and closure of a public Right -of -Way approximately 6,423 square feet in size. • The Major Use Special permit also includes: • Class I Special Permit as per Article 9, Section 925.3.8, to allow development/construction/rental signage. • Class I Special Permit as per Article 9, Section 918.2, for parking and staging of construction during construction. • Class I Permit as per Article 9, Section 920.1 to allow a trailer for construction and other temporary office uses such as leasing and sales. • Class I Special Permit as per Article 9, Section 906.6, for pool/outdoor recreation area. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, 1 Ben Fernande BF/bl 1 This requests apply only to lots 1, 4, 5, and 6, of Block 24, "South Bay Estates" Plat Book 5, Page 54. BERCOW & RADELL 201,1f113, tnNp 4$E ANo ENv1140Nryt ET,FAL LAW • • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th 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 concernslrequirements 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. 09/30/03 Ben Fernandez, Esq. on behalf of G.B. Real Estate Ventures, 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. Two (2) copies of the Tentative Plat prepared by a State of Florida registered land surveyor. See Article III, Tab 5. 2. 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. See Article III, Tab 5. 3. 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. See Article III, Tab 5. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). See attached. 5. 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). See Article I, Tab H. 6. At least two photographs that show the entire property (land and improvements). See Article , Tab . 7. 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. See Article I, Tab G. 8. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See Article I, Tab F. 9. 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. See Article , Tab 10. The undersigned, being the owner or representative of the owner, of the property located at 2700, 2730, 2742, 2744, 2746 S.W. 27th Avenue; and 2701 S.W. 27th Court AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A" 11. 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. 12. 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.) 13. What is the acreage of the project/property site? 6,400 square feet of the right-of-way to be vacated Rev. 09/30/03 2 • 14. What is the purpose of this application/nature of proposed use? To permit a mixed -use commercial/residential development near the Coconut Grovel S.W. 27th Avenue Metrorail Station. 15. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 16, Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 17. 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 Minimum Maximum $ .90 $ 1,200.00 $ 1,700.00 Public hearing and public meeting mail notice fees, including cost of handlin• and mailing per notice $ 3.50 Signature Name Ben Fernandez E Telephone 305.377.6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 200 S. Biscayne Blvd., # 850 Miami, FL 33131 Date October , 2003 The foregoing instrument was acknowledged before me this ' day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radeli, P.A. 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) S BETTY LLERENA MY COMMISSION # DD 095997 EXPIRES; February 27, 2006 1-300.3'NOTAAY Ft Ncnary Sero e & Bonding, Inc. Rev. D9/30/03 • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, 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, I1 including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 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. Ben Fernandez, Esq. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing instrument was acknowledged before me this day of October 2003, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow & Radell, P.A. 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. 40 (Stamp) BETTY LLERENA MY COMMISSION # OD 095997 EXPIRES: February 27, 2006 i-i3i3B NOTARY FL Wary Service & Bonding, Inc_ Rev. 09/30/03 4 02/18/2004 12:19 3053776222 BERCOW AND RADELL PAGE 02/02 !DISCLOSURE OF OWNERSHIP 1, Street address and legal description of subject property: See Article!, Tab F. 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required, (Please supply additional lists, as applicable.) Owner's Name G.B. Real Estate Ventures LLC. (Gabriel Puche 50%; Susana Ruche 5O% Mailing Address 2655 LeJeune Road, Suite 201, Miami FL Zip Code 33134 Telephone Number 305-467-8300 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within (00 feet of the subject property. (Please supply additional lists, es applicable.) Street Address NIA Ben Fernandez, Esc. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-©ADE The foregoing instrument was acknowledged before me this day of November 2003, by Ben Fernandez, Esq, who is a(n) individuallpartnerlagenticorporatian of , Bercow & Radell. P,A. a(n) individualtpartnershiplc0rporatiof. HelShe is personally known to me or who has produced as identification and who did (did riot) take an oath. Legal Description 0 ner or Attorne gnature (Stamp) BRTrY LL>=RENA 7 CGMMf3$rON * DO 095997 EX RES: February 27. 2406 -eorwormY F1. rtrory Senid, Aacandrig. rr� Rev. 09l29103 6 PAGE: 2 OF 2 • • • EXHIBIT LEGAL DESCRIPTION: THE SOUTH 5.00 FEET OF LOT 2, THE NORTH 5.00 FEET OF LOT 3 AND THE WEST 18.00 FEET OF LOTS 7, 8, 9, 10, 11 AND 12, ALL IN BLOCK 24 OF SOUTH BAY ESTATES, ACCORDI\iG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. S.W. 27 STREET PAGE: 1 OF 2 • 0 cv • 0) • 0 0 Qi s UJ 0 N re' 0 0 //' / f10` ALLEY ' ', P1{/J,4 (DEDICATE FOR PUBUC USED OH iG-27-/ 75'\ / / ' ALLEY TO BE CLOSED AND VACATED AiKA: 6,423 S.F. TRACT 'A' AREA: 2872701 S.F. 0 95.00' TRACT TB' AREA: 28199.42 S.F. COMMERCIAL ELVER BLUFF (PB. 14, P. 59) JOB No: 02-07e DATE: 1O O2-O3 75.00' PAGE: 2 OF 2 • • • LEGAL DESGRIPT1ONa THE SOUTH 5.00 FEET OF LOT 2, THE NORTH 5.00 FEET OF LOT 3 AND THE WEST 18.00 FEET OF LOTS 7, 8, 9, 10, 11 AND 12, ALL IN BLOCK 24 OF SOUTH BAY ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PI_,AT BOOK 5, AT PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.