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HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT 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 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 6:00 pm. Please note hat 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 City of Miami 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. 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. 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. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). 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). 6. At least two photographs that show the entire property (land and improvements). 7. A dear 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. 8. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 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. 10. The undersigned, being the owner or representative of the owner, of the property located at 1700 N.W. 14th Avenue AND MORE PARTICULARLY DESCRIBED AS: SEE ATTACHMENT "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.) NO 13. What is the acreage of the project/property site? 3.4 14. What is the purpose of this application/nature of proposed use? Closure of Alleyway & Easement Rev. 09/30/03 2 15. All documents, reports, studies, exhibits (8 '/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 $ .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 i F << SignatureAddress Name 444 S.W. 2nd Avenue, loth FL oe Arriola, City Manager Miami, FL 33130 305-416-1025 Telephone STATE OF FLORIDA COUNTY OF MIAMI-DADE Date March 5, 2004 The foregoing in trument was acknowledged before me this 20eby J ve Airei individual/partner/agent/corporation of tvwc® a(n) individual/partnership/corporation. He/ he is personally k produced as identifi (Stamp) day of who is a(n) at vi, nd rUtt) to !viY COMMISSION # t}f){Y1334m EXPIRES: NE, 33, 2X5 or who has an oath. Sia mature Rev. 09/30/03 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Joe Arriola, City Manager , who being by me first deposes and says: 1. That helshe 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, 0 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 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. Joe Arriola, City Manager, City of Miami Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing instrument was acknowledged before me this day of 2 by 4.1r2 4e/40I ind iduallpartnerlagenticorporation of C...47 00- mot 4" a(n) individual/partnership/corporation. He/She is 12.92:sffqqy known to me or who has produced as identific A. and h� R z i�zqj ka an oath. 01 .� MY CJMiv1S5SSCIN # CJT30713a2 EXPIRES: NcvernOcr 13,20,15 FL Not Y Sz ce drrg, Inc (Stamp) Signare who is a(n) Rev. 09/29/03 4 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: SEE ATTACHED EXHIBIT "A" 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. Owner's Name City of Miami Mailing Address 444 SW 2hd Avenue, Miami, FL Zip Code 33130 Telephone Number 305-416-1025 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Acreage & Unrecorded Plats NW1/4 of NE1/4 of NW1/4 Less N35th For St. 1970 NW 13th Avenue (01-31355-000-0163) Blanton Park PB 9-58 Lot 43 & Lot 1 Blk 2 Per South Allapattah Mannor PB 16-6 1500 NW 16th Avenue (01-3135-004-0330) Golfview Park PB 11-71 Lot A 1701 NW 14th Avenue (01-3135-024-0010) Joe Arriola, City Manager, City of Miami Owner or Attorney for Owner Name Owner or Atto ney for Owner Signature STATE OF FLORIDA COUNTY OF M1AMI-DADS The foregoing instrument was acknowledged before me this 20 by ....).-C individual/partner/agent/corporation of -net ° a(n) individual/partnership/corporation. He/S e .-,r.s r.- now o - or who has produced as en /fide ar likdr"' . � R } ke an oath. �'* � my (C)MmiSSIflN ` 5 96 1�3' 1 day of k4 ' who is a(n) (Stamp) Sig''ature Rev. 09/29/03 5 EXHIBIT "A" Civic Center Parcel Tract B Venago Subdivision as recorded in Plat Book 117, Page 20 of the Public Records of Miami -Dade County Florida 1700 NW 14 Avenue Folio No. 01-3135-059-0020 Private Duplex Lots 1 to 4 less E 65 ft Block 4 �r ►. rr. a sod n� t Book3, t'ages. ,1 of the Publicaa,a.m'o� rv.ii R:AUUVLE`'� 3�v�,ilFir lrti i'Vci i�v. �7 :7 r"�:�%.W. c..: 8k. Pint of Miami -Dade County Florida 1405-07 NW 17 Street Folio No: 01-3135-005-1170 HUD Duplex Lots 47, 48 and 49 Block 4 Braddocks Subdivision No. 4 as recorded in Plat Book 3, Page 61 of the Public Records of Miami -Dade County Florida 1431 NW 17 Street Folio No, 01-3135-005-1490 OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation With the understanding that this opinion of title is furnished to the CITY OF MIAMI, FLORIDA, in compliance with Section 55-8 of the Miami City Code, and as an inducement for acceptance of a proposed subdivision replat ("Replat") covering the real property hereinafter described, it is hereby certified that I have examined First American Title Insurance Company Title Insurance Commitment bearing file number 2002-6 ("Report") covering the period from beginning to February 20, 2004 at 6:00 a.m., inclusive, of the following described real property (collectively the "Property"): PARCEL 1: Tract "B", of VENAGO SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 117, Page 20, of the Public Records of Miami -Dade County, Honda. PARCEL 2: Lots 1 through 4, less the East 65 feet of said Lots, Block 4, of BRADDOCK SUBDIVISION NO. 4, according to the Plat thereof, as recorded in Plat Book 3, Page 61, of the Public Records of Miami -Dade County, Florida. PARCEL 3: Lots 47 through 49, Block 4, of BRADDOCK SUBDIVISION NO. 4, according to the Plat thereof, as recorded in Plat Book 3, Page 61, of the Public Records of Miami -Dade County, Florida. Basing my opinion solely on said Report covering said period, I am of the opinion that on the last mentioned date the fee simple title to the above described Property was vested in: Parcels 1, 2, and 3 — The City of Miami, a Florida municipal corporation (the "Parcel 1, 2, and 3 Owner") Parcel 1, Parcel 2, and Parcel 3 are subject to the following encumbrances, liens and other exceptions: RECORDED MORTGAGES: NONE 2. RECORDED MECHANICS LIENS, CONTRACT LIENS, LIS PENDENS AND JUDGMENTS: 1 NONE 3. GENERAL EXCEPTIONS: a. As to Parcel 1 (Tax Folio #01-3135-059-0020) property taxes are exempt. As to Parcel 2 (Tax Folio #01-3135-005-1170), property taxes through 2003 are paid. As to Parcel 3 (Tax Folio #01-3135- 005-1490), real property taxes are due for the Year 2003 and subsequent years. b. Rights of persons other than the above owner 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. As to Parcel 1: (i) Restrictions, conditions, reservations, easements and other matters contained in the Plat of VENAGO SUBDIVISION, according to the Plat thereof as recorded in Plat Book 117, Page 20 of the Public Records of Miami -Dade County, Florida: (ii) Covenant to Run with the Land recorded in Official Records Book 11178, Page 943. (iii) Covenant to Run with the Land recorded in Official Records Book 12851, Page 495. b. As to Parcel 2 and Parcel 3, restrictions, conditions, reservations, easements and other matters contained in the Plat of BRADDOCK SUBDIVISION NO. 4, according to the Plat thereof as recorded in Plat Book 3, Page 61 of the Public Records of Miami -Dade County, Florida. FACTS It is our understanding that the above described Owner is replatting the Property described above (herein collectively called the "Replatted Property"). We have been advised that pursuant to the Chapter of the City of Miami and its applicable Rules and Regulations, an Application for Closure and Vacation of Public Right -of -Way has been filed by the Owner with the Hearing 2 Board's Planning Department of the City of Miami and that all documents in conjunction therewith have been properly filed with said Department. It is our further understanding that the City of Miami has requested an Opinion as to the ultimate ownership of the portions of the roads and alleyways abutting the Property as shown on the tentative plat and described in Exhibit "A" attached hereto as being vacated as a result of such Application for Closure and Vacation of Public Right -of -Way and replatting of the Replatted Property (collectively "Proposed Closed Rights of Ways"). DISCUSSION The legal description of the Property consists of lots lying within the following two (2) plats: (a) (PARCEL. 1) the Plat of VENAGO SUBDIVISION recorded in Plat Book 117, Page 20 of the Public Records of Miami -Dade County, Florida ("Venago Plat") We have examined the Venago Plat, one of the plats that originally platted portions of the Proposed Closed Rights -of -Ways. The Venago Plat contains the following dedication and reversion clause: That the avenues, streets and creek as shown on the attached Plat together with all existing and future plantings, trees, shrubbery and fire hydrants thereon, are hereby dedicated to the perpetual use of the public for proper purposes reserving to the dedicators, its successors or assigns, the reversion or reversions thereof whenever discontinued by law. We have further examined Florida Statute § 177.085 which provides as follows: (1) 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 or her heirs, successors, assigns, or legal representative, or similar language, and thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance. 3 (b) (PARCEL 2 and PARCEL 3) the Plat of BRADDOCK SUBDIVISION NO. 4 recorded in Plat Book 3, Page 61 of the Public Records of Miami -Dade County, Florida ("Braddock Plat"): We have examined the Braddock Plat, the Plat that originally dedicated the Proposed Closed Rights -of -Ways to the public. The Braddock Plat contains the following dedication and reversion clause: The streets, avenues, boulevards, and alleys as indicated on said Plat are hereby dedicated to the perpetual use of the public for proper purposes reserving to the said Florida Home Finders, Inc., its successors or assigns the reversion and reversions thereof whenever discontinued by law. We have further examined Florida Statute § 177.085 which provides as follows: (1) 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 or her heirs, successors, assigns, or legal representative, or similar language, and thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance. OPINION Based upon the presumption that the Proposed Closed Rights -of -Ways have been properly dedicated to public use and accepted and on the further presumption that proper and appropriate steps will be taken to close the Proposed Closed Rights -of -Ways as above described, it is our opinion that by virtue of the conditions set forth in the Venago Plat and in the Braddock Plat, the Statute quoted above and the title evidence, the Proposed Closed Rights -of - Ways will become the property of the abutting land owners to the centerline on each side or other appropriate boundary. Since the same Owner owns Parcels 1, 2, and 3 and the land abutting the Proposed Closed Rights -of -Ways title to Parcels 1, 2 and 3, title to said Proposed Closed Rights -of -Ways will be in the same ownership as the owners of Parcels 1, 2, and 3. 4 I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar: Respectfully submitted this /v day of Blaxberg, Grayson, Kukoff & Segal, P.A. BY: 2002-8I1BB/h ardy122861 . Barry Blaxber Esq. Florida Bar No. 36322 25 SE Second Avenue, Suite 730 Miami, Florida 33131 (305) 381-7979 Ext. 309 5 2004. Alvarez,. Aiguesvives andAssocia SurveVO1'L MOPPOrs and Land Planners Sketch of Legal Description Legal description of a 5 foot utility easement to be closed and vacated located within TRACT "B" of Vonago Subdivision, according to the plat thereof, as recorded in. Plat Book 117, Page 20 of the Public Records of Miami Dade County, Florida, and more particularly described as follows: Said 5 foot lzt 1 ty easement is located between the 15 foot Northerly extension of the Westerly Line of Lot 47 and the Northerly extension of the Westerly lines of lots 1 thru 4, Block 4, BR AI DOCK SUBDIVISION NO. 4, according to the plat Thereof, as recorded in Plat Book 3, page 61 of the Public Records of Miami -Dade County, Florida., as: shown in said TRACT "B" and containing 425:0O scare feet more or less. TFZACT t ts'^A i Ail Y� -'•� ; tR t: tl `�"`!/'�irE yy„,etrV, .d JV Ltvlzlvie (p.a. 11,7, tri-110 of Fuss rr 0' Hip> Ffllf— d F-0. Ifs' .tat FiMLi+ "1 A <73 0" .109 ' t7• 16' UTILITY EASEMENT." TO 8E CLOSE & VACATED NEW EASSMCNTS WILL EECREATED) )40.sur. D'J'i�UZ' 0 5' tr.E. Ta e: a.c A VACATED SO' ALLV7oPC CtA5E &VACA Es.:.4'0 VI ('/) 47 48 x, CC-t) d' CGS LP PAVEMENT 't 4 9 ' (50i TOTAL I AL R1W) ^gang Pv. ti s 8230 CC iAL WAY, SUITE B MIAMI, FL 33155 • PHONE 305.220.2424 • FAX 305.552.8181 E-MAIL ,CIOCISLVeV@OOLCOM Nt EXHIBIT zee-d weo d ZEZ-i Z88P09890E l'OVVIO1? 1.41)10E-moad w 9 A Alvarez, Ai u svives •and Associates surveyors. Mappers and tared Planners Sketch of Legal Description Legal description of a portion of a I5 foot utility easement to be closed and vacated located within Tki.ACT B of Verlago Subdivision, according to the plat ther►ah as recorded in Plat Book 117, Page 20 of the Public Records of Miami -Dade County, Florida, and more particularly described as follows: Said 15 foot easement located between the) 15 foot Northerly extension of the Easterly Line of Lot 40 and the 15 feet Northerly =tension of the West line of lot 47, Block 4; 13RADDOCK SUBDIVISION NO. 4, according to the plat thereof, as recorded in Plat Book 3, page 61 of the cot Public Records of Miami -Dade County, Florida, as shown in said TRACT "B" and lining 2,250.00 square feet more or len. ihr ,i `vrlirr»70 v`VIrul,Mrlv`f�I1 I uir_OFCIAT •. 12 r uE. ro Ae cu s_ S YACI EI it Au& TO BE ctose 6Y:g.1' TED tom,{x Aux/ 14,P r ttAS`�7• FiP OF 100 i UM :r 4 e-) (,,_ et) imi 1 44 ..S9 40, i 4s ilhi 1 (C- ) I (#1L3I) } (eh l (#I40 0 ) '! i i I 1F1aE:.GJIi {�.gg"997i@'W. 11A9a' p�.AHgi" r 'V x- :t-. .� •- .--yam ; - N O •• n , qGE 9F PAYEMEMJi (56* TOTAL R/W)DPE p _PIA' 'Sk 1 A 16' i(i LITY EASEMENT TO 9E t ,OSE 9 VACATED NEW MOOTS WILL BE MATEO} :r. ut Ili, 47 .7.°67:iti (C-1) 'a.( 8230 CGRAL WAY, SUITE B MIAMI. ft 33155 • PHONE 305.220.2424 • FAX 305.552.8181 -MAIL aaa i rvev©aoi.cOm Z88-d 9000 d Z€Z-1 Z88009890£ OVOidON ni Va-wolf P0-6O-141 Alvarez, Aiguesvives and Associates Survey>'ars. Mupp.fs and Land Planners Sketch of Legal Description Legal description of a 10 foot alley to be closed and vacated located North of Lots 47, 4S, and 49, and West of Lots 1, 2, 3, and 4 all in Bieck 4, BRADDOCK SUBDIVISION NO. 4, according to the plat thereof, as recorded in Plat Book 3, page 61 of the Public Records of Miami -Dade County, Florida, r antairdxig 2240 square feat wore or less. 7 F1di.PIll Zza TRACT �AiJ1 /'I'A .,��+� t^>111�'-I F'fai Yt_i�A v SUFISJIYI..Savtr �* nl (P.a. ; tia. 2 15' UTILITY EASEMENT—) TO 55 CLaSE VArA; ED (1EW 5ASENENTSNILL BE MOM) M891'9' 1 .N.It_ Ifs %rg.•e t• J€ i 16E LLa3E 5' tL . era' A ':;iae cF meeterr N-.- — - - '!-}-- =-STREE - s�= • 5Q1 TOT L Rt e pa 3230 CORAI WAY, SUITE B M(AMt. FL 33155 • PHONE 305.220.2424 • FAX 305.552.8181 E-mAIL craosurvey@ggl.com ZE8— 50/90 d Z£Z—i Z881/09850E n n, n hu' sov%8c1,19NInve-wo-.Jdzp:zf vo-so-IEN