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HomeMy WebLinkAboutApplication & Supp DocsWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J, HELFMAN JOHN R. HERIN, JR. HARRIET R. LEWIS GIL.BERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO£ LILLIAN ARANGO DE LA HOZ• ALISON S. BIELER MICHELLE BUCKALEW ATTOR N EYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM Fi ROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 3.332 TELEPHONE 954-763-4242 • TELECOPIER 95A-764-7770 VIA HAND DELIVERY Ms. Teresita Fernandez Hearing Boards City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 •OF COUNSEL March 5, 2004 ELAINE M. COHEN VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH• JENNIFER A. GOLDBERG DOUGLAS R. GONZALES CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN* MATTHEW H. MANDEL BERNARD S. HANDLER* MICHAEL J. MARRERO ALEXANDER L, PALENZUELA-MAURI MICHAEL S. POPOK• ANTHONY L. RECIO SCOTT A. ROBIN GAIL D. SEROTA* JEFFREY P. SHEFFEL MIA M. SINGH JOSE S. TALAVERA SUSAN L. TREVARTHEN• Re: Application for Official Vacation and Closure of a Public Right -of -Way (the "Application") Dear Ms. Fernandez: Our thin represents Rollins, Inc. ("Rollins"), as the owner of the property legally described in the attached Exhibit "A" (the "Property"), and Aguaclara, Ltd. ("Aguaclara"), as contract purchaser, in connection with our application on Rollins' behalf to vacate and close a portion of the alley that bisects the Property. The Aguaclara tentative plat which illustrates the Property as well as the alley to be closed was approved by the Plat and Street Committee (the "Committee") at their meeting of February 5, 2004. A copy of the Committee's approval is enclosed for your review. The Committee commended Rollins and Aguaclara for providing a public benefit in the form of a 15-foot ingress and egress easement at the west end of the Property and a linear pedestrian easement along the river's edge which will provide public access to the Miami River. Because the easement will be provided, closing the portion of the alley will not affect pedestrian and vehicular circulation in the area. Furthermore, as the alley is not used by emergency vehicles, closure of the alley will not have an adverse effect on the City's ability to provide police, fire, or emergency services. Ms. Teresita Fernandez March 5, 2004 Page 2 The applicants wish to close the alley in order to develop the Property in accordance with the plans approved by the Zoning Board on March 24, 2003. The development will help revitalize a riverfront area that is currently abandoned. In accordance with the City's application requirements, we offer the following documentation: I. Application 2. Two copies of the tentative plat 3. Two surveys 4. Two original sketch of surveys showing only the area to be closed 5. Owner's Affidavit and Disclosure of Ownership 6. Certified list of property owners within 500-foot radius 7. Photographs showing entire property 8. Recorded Warranty Deed and Property Appraiser's Tax Information 9. Legal Description of Alley to be Vacated 10. Opinion of title showing reversionary rights 11. $5,105.70 application fee 12. $171.50 public notice fee (for Zoning Board and City Commission hearings) Given the foregoing, we believe that granting the official vacation and closure of the right-of-way will be in harmony with the general intent and purpose of Section 401 of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In fact, the vacation of the alley will result in a benefit to the public in the form of more direct access to a revitalized Miami River. We look forward to your favorable review and recommendation of this application. Please call me if you have any questions or require any additional information. TR 676006 Enclosures cc: Michael Wohl Very truly yours, Tony Recio WEISS SEROTA HELFMAN PASTORIZA GTJEDES COIL & BONISKE, P.A. 20 04 10: 24a 5chwebke-5h i sk i n 1354I43U-3288 p.3 e*lot i10;± "td,r LEGAL DESCRIPTION: All of Lots 3 through 7, 10 through 12 and portions of Lot 8 and 9, togethere with a portion of that certain 15 foot Alley lying adjacent to the aforementioned lots, RIVERDALE PARK, according to the plat thereof, as recorded in Plat Book 21 at Page 19, also together with portions of Lots 7 and 8, TUTTLE SUBDIVISION, according to the plat thereof, as recorded in Plat Book B at Page 5, both of the Public Records of Dade County, Florida and being more particularly described as follows: Begin at the Northwest comer of said Lot 12, RIVERDALE PARK; thence North 87 degrees 01 minutes 27 seconds East, along the North boundary line of said Lots 12, 11, 10 and 9 respectively, RIVERDALE PARK, for 187.83 feet to a point on the next described circular curve; said point bears South 15 degrees 04 minutes 16 seconds West, from its radius point; thence Southeasterly, along the Southerly Right -of -Way line for N. W. North River Drive as described in Final Judgement as recorded in Official Records Book 14849, at Page 29, of the Public Records of Dade County, Florida, being also a circular curve to the left, having a radius of 552.00 feet and a central angle of 06 degrees 40 minutes 46 seconds for an arc distance of 64.35 feet; thence South 03 degrees 06 minutes 33 seconds East, along the Westerly line of said 15 foot Alley, as shown on said plat of RIVERDALE PARK, for 33.67 feet; thence North 87 degrees 01 rninutes 27 seconds East, along the North boundary line of said Lot 3, RIVERDALE PARK and its Westerly prolongation, for 115.00 feet; thence South 03 degrees 06 minutes 33 seconds East, along the East line of said Lots 3 through 7, for 125.00 feet; thence South 87 degrees 01 minutes 27 seconds West, along the South boundary line of said Lot 7, RIVERDALE PARK, for 25.00 feet; thence South 01 degrees 10 minutes 43 seconds West for 202.94 feet, last described two courses being coincident with the Northerly and Westerly boundary lines of that parcel of land conveyed by Edward F. Westfali and lielen K. WestfalI to Dade County, Florida, and recorded in Deed Book 1877, Page 146 of the Public Records of Dade County, Florida; thence North 61 degrees 05 minutes 05 seconds West, along the Northerly boundary line of a strip of land 200 width Northeast 1/4 o fthe Northeast 114 of Section 33, Township 51 South, Range feet in WY iiS IfA in the i vz �...,u r v 41 East, as described in Deed Book 49, Page 260 of the Public Records of Dade County, Florida, for 383.13 feet; thence North 03 degrees 06 minutes 33 seconds West, along the West boundary line of said Lot 12, RIVERDALE PARK, and its Southerly prolongation, for 175.00 feet to the Point of Beginning; all lying and being in the Northeast 1/4 of Section 33, Township 53 South, Range 41 East. City of Miami, Miami -Dade County, Florida. t:\ka'TIty' ackao iivetdale al-doc 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 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. 09/30/03 I, Gilberto Pastoriza, Esq., on behalf of Rollins, Inc. ("Rollins"), the owner, and Aguaclara, Ltd. ("Aquaclara"), the contract purchaser, 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: 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 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. 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 1960-1970 NW 27th Avenue, Miami, Florida 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.) YES (Historic and Environmental Preservation Board approval not required as per Ms. Sarah Eaton of the Planning Department) 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? 0.13 acres (5,673 square feet) Rev. 09/30/03 2 14. What is the purpose of this application/nature of proposed use? To unify the property to permit a previously approved multi -family residential development 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 handling and mailing per notice $ 3.50 Signature Address 2665 S. Bayshore Drive, Ste. 420 Name Telephone (305) 854-0800 Date March 5, 2004 Miami, Florida 33133 STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 The foregoing instr ent was acknowledged before me this 5 day of March 2004, by who is a(n) agent of Rollins, Inc a(n) corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signatur '" Y `:"4.MARILYN SOMODEVILLA . MY COMMISSION # OD 222204 :.,... , EXPIRES: September 13, 2007 ELF z000p Bonded 'Nu Budget Notary Services Rev. 09/30/03 3 2004-Feb-27 04:09pm From -Rot H ns Inc. Law Department XoFeb•27. 20041. 2:64PMK 305 854 2323 +4048882731 T-796 P_003/004 F-235 WEISS SEROTA & RELPMANN N0,0 Obi I-', 4005 AFFIDAVIT Before me, the undersigned autharify, this day personally appeared «o ..) , 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 squired 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 actin his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition,M inciclding responding to day to day staff inquires; d not including responding to day to day staff inquiries in which case he/she should be contacted at is A . .,S 7 That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the reai property of which he/she is the owner or legal representive. 4. The facts as represented in the applicaction and documents submitted in conjunction. with this affidavit are true and correct. Further Affian►t sayeth not. STATE OF a .__7, COUNTY OF �eore r ict The foregoing instrument was acknowledged before me this 4Z--day of 20 .o 4, by A/4-4..A ' • ,6k AJAL of corporation, on behalf of the corporation. He/She is personalty known to me or has d who did (414 take an oath. (Stamp) Rev.12/05/01 Signature Thelma Hagar Notary Public, Dekalb County, Georgia Y Commission _ 2004-Feb-27 04:09pm From -Rollins Inc. Law Department 1oFeb•27. 20041 2:55PME 305 554 2323 +4048882731 7-796 P.004/004 F-235 WEIss SEROT4 & UPLEl.N No.5 67 P. 4 4006 DISCLOSURE OF OW ERSHIP 7, Legal description and suet address of subject real property: Kc rx.v,t) t, 5 d, 0 .+ • 2 7 V A V rya A i gG '3 3 t z r SeL-rr ays3 a 63 S 4 t e "DF O r t.. crci Q i 3/co'7 0 Q 3 0 2. Owner(s) of subject real properly and percentage of ownership. Note: The Code of the City of Miami requires disclosure of, all parties having a ftnanciat 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. .,,r ,�° ,�-,. £ 44.4 II C. 1.1' . , ..: £4 J3 tt, "Crt c, i< 6 ,71 Zo � l C) 1-. "r" +-ge- i. 3 Pren - s1.1"e4,- d<,ar is P. ri-. t. 4 7-44 e5ertom 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 Sa0 feet of the subject real property. Owner or Attorney for Owner Name Q er or Attorney or Owner Signature STATE OFia'014`ltA CQUNTY OF The foregoing instrument was acknowledged before mu this 4 -clay cif /rf 41- 20 `/ , by 'a/1/49- ,,,,,,,_.of corporation, on behalf of the corporation_ He/She is personally known to me or has peed--- and who did (fit) take an oath. (Stamp) Thelma Hagar Notary Public, Dekaih County, Georgia My Commission Expires April 20, 20 & RSV. 12/CS/07 OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA as an inducement for acceptance of a plat covering the real property hereinafter described. It is hereby certified that we have examined First American Title Insurance Company Commitment No. 676006 and First American Title Insurance Company certified computer printout completely covering the period from the beginning to December 31, 2003 at 8:00 A.M., inclusive, of the following described real property: SEE EXHIBIT "A" Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described property was vested in: ROLLINS, INC., a Delaware corporation Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 1. Dedication contained in the plat of Riverdale Park, recorded in Book 21, Page 19, of the Public Records of Miami -Dade County, Florida. 2. Resolution No. 2002-0694 Miami Zoning Board as recorded in Book 21239, Page 3165, of the Public Records of Miami -Dade County, Florida. Therefore, it is our opinion that the following parties must join in the plat of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper unity of title: Special Exception Name Interest Number Rollins, Inc., a Delaware corporation Owner 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 3 / day of January, 2004. WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. By: 676006 Tony Recio, Esq. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 2 04 10:24a Schwehke--Shisk n (954)438-3288 p.3 LEGAL DESCRIPTION: All of Lots 3 through 7, 10 through 12 and portions of Lot 8 and 9, togethere with a portion of that certain 15 foot Alley Tying adjacent to the aforementioned lots, RIVERDALE PARK, according to the plat thereof, as recorded in Plat Book 21 at Page 19, also together with portions of Lots 7 and 8, TUTTLE SUBDIVISION, according to the plat thereof, as recorded in Plat Book B at Page 5, both of the Public Records of Dade County, Florida and being more particularly described as follows: Begin at the Northwest corner of said Lot 12, RIVER.DALE PARK; thence North 87 degrees 01 minutes 27 seconds East, along the North boundary line of said Lots 12, 11, 10 and 9 respectively, RIVERDALE PARK, for 187.83 feet to a point on the next described circular curve; said point bears South 15 degrees 04 minutes 16 seconds West, from its radius point; thence Southeasterly, along the Southerly Right -of -Way line for N. W. North River Drive as described in Final Judgement as recorded in Official Records Book 14849, at Page 29, of the Public Records of Dade County, Florida, being also a circular curve to the left, having a radius of 552.00 feet and a central angle of 06 degrees 40 minutes 46 seconds for an arc distance of 64.35 feet; thence South 03 degrees 06 minutes 33 seconds East, along the Westerly line of said 15 foot Alley, as shown on said plat of RIVERDALE PARK, for 33.67 feet; thence North 87 degrees 01 minutes 27 seconds East, along the North boundary line of said Lot 3, RIVERDALE PARK and its Westerly prolongation, for 115.00 feet; thence South 03 degrees 06 minutes 33 seconds East, along the East line of said Lots 3 through 7, for 125.00 feet; thence South 87 degrees 01 minutes 27 seconds West, along the South boundary line of said Lot 7, RIVERDALE PARK, for 25,00 feet; thence South 01 degrees 10 minutes 43 seconds West for 202.94 feet, last described two courses being coincident with the Northerly and Westerly boundary lines of that parcel of land conveyed by Edward F. Westfall and Helen K. Westfall to Dade County, Florida, and recorded in Deed Book 1877, Page 146 of the Public Records of Dade County, Florida; thence North 61 degrees 05 minutes 05 seconds West, along the Northerly boundary line of a strip of land 200 feet in width in the Northeast 114 of the Northeast 114 of Section 33, Township 53 South, Range 41 East, as described in Deed Book 49, Page 260 of the Public Records of Dade County, Florida, for 383.13 feet; thence North 03 degrees 06 minutes 33 seconds West, along the West boundary line of said Lot 12, RIVERDALE PARK, and its Southerly prolongation, for 175.00 feet to the Point of Beginning; all lying and being in the Northeast 1/4 of Section 33, Township 53 South, Range 41 East, City of Miami, Miami -Dade County, Florida. t:'`kathy\jacksori.iverdale a1. oc SHEET 1 OF 13 ALLEY _J r7 1.0 N.W 20th STREET P.O.C. N.W. CORNER LOT 12 WEST LINE LOT 12 0=89'52'00" R=15.00' L=23.53' r 8 N87'01'27"E 187.83' NORTH BOUNDARY LINE J } 10 RIVERDALE PARK (P.B. 21, PG. 19) N87'01'271 235.04' S8701 27"W 265.00 d o- 9 SOUTHERLY RIGHT—OF—WAY LINE N.W. NORTH RIVER DRIVE (O.R.B. 14849 PG, 29) Rig ps'4o' 12.p0, .. 154 tC:g(g 'Q 2 1 15.00' N8701'271 — NORTH LINE 7 TUTTLE SUBD. (P.B. B, PG. 5) K3\335341\RIVERDALE PARK\LEGAL DESCR\dwg\Vac-Alley,dwg SCHWEBKE—SHISKIN & ASSOCIATES, INC. LB # 87 LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-328 ORDER N0. 188661 PREPARED UNDER MYSUPER DATE: 10--21--03 A ..Cf (inlSQ-E'' T!'Li"CI �1•C URER P.O. B. SOUTH LINE 3 1,1 C3 REVISIONS 3 � 6 Q 7 LEGEND: LLi P.Q.C. DENOTES POINT OF COMMENCEMENT P.0.8. DENOTES POINT OF BEGINNING PB. DENOTES PLAT BOOK PG. DENOTES PAGE O.R.B. DENOTES OFFICIAL RECORD BOOK Rev 13dry 11/11/03 04, Ter City Comments Ord. 188740 THIS IS NOT A " BOUNDARY SURVEY" FLA. PROF. LAND SURVEYOR N' 2978 LEGAL DESCRIPTION : 15 FOOT ALLEY TO BE VACATED A portion of that certain 15 foot alley as shown on 'RIVERDALE PARK', according to the Plat thereof as recorded in Plat Book 21 at Page 19 of the Public Records of Dade County, Florida and being more particularly described as follows: Commence at the Northwest corner of Lot 12, as shown on said plat of RIVERDALE PARK; thence North 87 degrees 01 minutes 27 seconds East, along the North Boundary line of Lots 12, 11, 10 and 9 as shown on said Plat RIVERDALE PARK, for 18783 feet to a point on the next described circular curve, said point bears South 15 degrees 04 minutes 16 seconds West, from its radius point; thence Southeasterly, along the Southerly Right —of —Way line for N. W North River Drive as described in Final Judgment as recorded in Official Records Book 14849, at Page 29, of the Public Records of Dade County, Florida, being also a circular curve to the left having a radius of 552.00 feet and a central angle of 06 degrees 40 minutes 46 seconds for an arc distance of 64.35 feet; thence South 03 degrees 06 minutes 33 seconds East, along the Westerly line of said 15 foot Alley, as shown on said plat of RIVERDALE PARK, for 33.67 feet to the Point of Beginning of the following described parcel of land; thence North 87 degrees 01 minutes 27 seconds East, along the Westerly prolongation of the South line of lot 2 of said plat RIVERDALE PARK, for 15.00 feet; thence South 03 degrees 06 minutes 33 seconds East, along the West Boundary line of Lots 3, 4, 5, 6 and 7, as shown on said Plat RIVERDALE PARK, for 125.00 feet; thence South 87 degrees 01 minutes 27 seconds West, along the South line of said 15 foot Alley, for 265.00 feet; thence North 03 degrees 06 minutes 33 seconds West, along the Southerly prolongation of the Wes/ line of said Lot 12, for 29.97 feet to a Point of Cusp; thence Southerly, Southeasterly and Easterly, along a circular curve to the left, having a radius of 15.00 feet and a central angle of 89 degrees 52 minutes 00 seconds for an arc distance of 2.3.53 feet to the Point of Tangency; thence North 87 degrees 01 minutes 27 seconds East, along the North line of said 15 foot Alley, for 235.04 feet; thence North 03 degrees 06 minutes 33 seconds West, along the Easterly line of Lot 8 of said plat of RIVERDALE PARK, for 110,00 feet to the Point of Beginning. All lying and being in the Northeast 1/4 of Section 33, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. NOTES: 1) Ordered by: PINNACLE HOUSING GROUP 2) Bearings shown hereon refer to an assumed bearing of N.87'01'27'E, along the centerline of N.W. 20th Street. SITEE'f 2 OF 2 KE\335341\RIVERDALE PARK\LEGAL DESCR\dwg\Vac—Alley,dwg SCHWEBKE—SHISKIN & ASSOCIATES, INC. LB # 87 LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL. 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 188661 PREPARED UNU — SUPER DATE: 10--21-03 r hi 4141.SQ C. TCLLEi,-°-a SURER REVISIONS Rev E3dry 11/11/03 Rev E3dry 01/19/4, per City Comments Ord, 188740 THIS IS NOT A " BOUNDARY SURVEY" FLA. PROF. LAND SURVEYOR N' 2978 OFF. CC, This Instrument Prepared By: King & Spalding 191 Peachtree Street, Suite 4800 Atlanta, Georgia 30303-1763 Attn: David G. William, Esq. Parcel ID No.: 01 31330070030; 01 31330070020 Grantee's Taxpayer ID No. Sir— D q4 l 98R2755 2 1998 JUN 09 11:51 DDCSTPDEE 4,800.00 SURTX 3,60CI.00 HARVEY RUVIN, CLERK DADE COUNTY, FL SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of the3( ay of May, 1998, by and between SANFORD H. ORKIN, WILLIAM B. ORKIN and BERNICE ORKIN KAYE, having an address of c/o Sanford H. Orkin, Suite 236, Monarch Tower, 3414 Peachtree Road, N.E., Atlanta, Georgia 30326 (collectively, the "Grantor") and ROLLINS, INC., a Delaware corporation, having an address of 2170 Piedmont Road, Atlanta, Georgia 30324, Attention: Mr. Joe Malinowski (the "Grantee"), wherever used, the terms "Grantor" and "Grantee" include the singular or plural, as the contest requires, and the respective heirs, legal representatives and assigns of individuals, and the successors and assigns oftrustees, corporations and partnerships. WITNESSETH: That Grantor, for and in consideration of the purchase price and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by these presents does grant, bargain and sell, alien, remise, release, convey, transfer and confirm to the Grantee in fee simple forever, that certain tract or parcel of land being more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") and by this reference incorporated herein, subject only to those matters set forth in Exhibit "B" attached hereto and incorporated herein by this reference; however, reference herein shall not be deemed to reimpose same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining and every right, title or interest, legal or equitable, of the Grantor or, in and to the same. TO HAVE AND TO HOLD the same unto the Grantee in fee simple; and the said Grantor hereby warrants the title to said property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. The Property does not constitute the homestead of any Grantor. A i L2.725149-2 May 27, 3998--1?:12:43 r: 18 -i 3T129T3 IN WITNESS WHEREOF, the said .Grantor has hereunto set its hand and seal, the day and year first above set out. Signed, sealed and delivered this 2 day of May, 1998 in t e presence f: Print Name STATE OF GEORGIA COUNTY OF 49.6b GRANTOR: *it'r)//7 41-1 (SEAL) San'ord H, Orkin vThe aforegoing instrument was acknowledged before me this p , day of May, 1998, by eshd, 4.�46,i . He/she is personally known to me. My Commission Expires: 5f /99 [NOTARIAL SEAL] NOTARYIIPJ"B LIC Print Name: Be. /l6mey -2- • REC. 8 3M29,T Signed, sealed and delivered this ICf4 day of May, 1998 in the presence of: .- oetr. . of r. Print Name "cor.-,4- (4r0 Print Name STATE OF GEORGIA COUNTY OF � C.-- 4 William B. Orkin (SEAL) The aforego;ng instrument was acknowledged before me this I@ day of May, 1998, by (ai11--iLLL. . He/she is personally known to me. 4t. iii; i<t.i rtldj/// �'., : Notary Public,Fulton County, Georgia. i4n'EYpires: My Commission Expires November 28,1849. A W [NOTARIAL SEAL] #..� G /12G(.1Z 7C �ARY Pf JBLIC Print Name:7?-e /211 O 'ZLt /b1;,IC / i -3- REC. I U 137 29T5 Signed, sealed and delivered this day of May, 1998 in the presence of: Print Name F°rint Name STATE OF GE-3Rtlirlk COUNTY OF 57) 1--' B mice Orkin Kaye The aforegoing instrum nt as acknowledged before me this 0day of May; 1998, by 0(2-01( CKi `/ EHe she is personally known to me., ,. pgDU C 3 3 T .5 --:Ac- --T � , e-1)(a -'((±7 _ C 6 Y PUBLIC Print Name:.. V [4.Acij N 2) My Commission Expires: 3 '3 / -2 [NOTARIAL SEAL] JULIE ANN SHANNON COMM. 01178128 N07ARY Ptl ivc.CAuFoRNIA My Comm, ihmim• Km.21,acce CPI -4- PEC.1813T cZ9T6 EXHIBIT A PARCEL 1 Beginning at the Northeast corner of Lot 8, according to the PLAT OF RIVERDALE PARK, as recorded in Plat Book 21, at Page 19, of the Public records of Dade County, Florida, run South along the East line of said Lot 8 and the Southerly projection of said East lice of Lot 8 a distance of one hundred seventy-five (175) feet to a point of intersection with the South line of the undedicated Alley shown on the above Plat; thence West along the South line of said undedicated Alley two hundred fifty (250) feet, more or less, to a point of intersection with the Southerly projection of the West line of Lot 12, acco ding .o th:1 above-nxeurioned Plat of RIVERDALE PARK; thence North along the Southerly projection of, and the West line of, the above -mentioned Lot 12 to the Northwest corner of said Lot 12; thence East along the North lines of Lots 12, 11, 10, 9 and 8, according to the above -mentioned Plat of RIVERDALE PARK two hundred fifty (250) feet to the POINT OF BEGINNING. PARCEL 2 Beginning at the Southwest corner of Lot 7, according to the Plat of RIVERDALE PARK, as recorded in Plat Book 21, at Page 19, of the Public Records of Dade County, Florida, run East along the South line of said Lot 7 a distance of seventy-five (75) feet to a point, said point being the Northwest corner of a parcel of land conveyed by Edward F. Westfall and Helen K. Westfall to Dade County, Florida, and recorded in Deed Book 1877, at Page 146 of the Public Records of Dade County, Florida; thence with an angle to the right of 94 degrees 09 minutes 16 seconds, run Southwesterly along the Northwesterly line of said parcel deeded to Dade County two hundred three and seven hundredths (203.07) feet to a point of intersection with the North line of a strip of land two hundred (200) feet wide in the Northeast Quarter of the Northeast Quarter of Section 33, Township 53 South, Range 41 East, as described in a Deed to Trustees of Internal Improvement Fund, dated July 20,r 1909, and recorded in Deed Book 49, at Page 260, of P the ublin Records ' f lade C!iu 'e, Flor"d'`; th ce in a No theses e:ly d ec ©i. pion the North line of said 200-foot strip three hundred eight -three (383) feet, more or less, to a point of intersection with the South line of the undedicated Alley lying South of Lots 8 to 12, Inclusive, as shown on the above -mentioned Plat of Riverdale Park; thence East along the South line of said undedicated Alley two hundred sixty-five (265) feet, more or less, to the POINT OF BEGINNING; together with, without warranty of title, all riparian rights incident to Parcel 2; and Lots 3 through 7, inclusive, RIVERDALE PARK, according to the Plat thereof, recorded. in Plat Book 21, Page 19, of the Public Records of Dade County, Florida, TOGETHER WITH all of the first party's right, title and interest w and to that certain 15-foot R :13I37P[29T7 undedicated alley lying between Lot 8 of RIVERDALE PARK and Lots 1 through 7, inclusive, of RIVERDALE PARK. ALL LESS AND EXCEPT T73b,REFROM, that parcel taken for right of way purposes as described in Final Judgment recorded Jauwrary 7, 1991, in Official Records Book 14849, Page 29, more particularly described as follows: All those portions of Lots 8 and 9 together with that portion of the 15 foot alley, RIVERDALE PARK, all according to the Plat thereof, as recorded in Plat Book 21, at Page 19, of the Public Records of Dade County, Florida, lying in the Northeast quarter of Sectiou 33, Township 53 South, Range 41 East, Dade County, Florida, and being more particularly described as follows: Commence, at the Northwest corner of Lot 12, of said plat of RIVERDALE PARK; thence run North 87 (*agrees 01 minutes 27 second; East, along the North lira of Lots 12, 11, 10 and of said plat of RIVERDALE PARK, for a distance of 188.32 feet to the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence continue North 87 degrees 01 minutes 27 seconds East along the North line of said Lots 9 and 8, and along their Easterly projection, for a distance of 67.57 feet to a point of intersection with a circular curve being concave to the Northeast and having for its elements a tangent bearing of South 81 degrees 52 minutes 49 seconds East, a chord bearing of South 82 degrees 22 minutes 37 seconds East and a radius of 535.00 feet; thence run Southeasterly along the arc of said circular curve to the left, through a central angle of 00 degrees 59 minutes 35 seconds and along the Southerly right of way line for N.W. North River Drive as shown on Florida Department of Transportation Right of Way Map Section No. 87674-260) as recorded in Road Map Book 72, at Page 93, of the Public Records of Dade County, Florida, for a distance of 9.27 feet to a point ou the West line of Lot 1 of said Plat of RIVERDALE PARK; thence run South 03 degrees 07 minutes 13 seconds East, along the West line of said Lot 1, for a distance of 17.27 feet to a point of intersection with a circular curve being concave to the Northeast and having for its elements a tangent bearing of North 83 degrees 11 minutes 33 seconds West, a chord bearing of North 79 degrees 05 minutes 14 seconds West and a radius of 552.00 feet; thence run Northwesterly along the arc of said circular curve to the right, through a central angle of 08 degrees 12 minutes 39 seconds for a distance of 79.11 feet to the POD OF BEGI N' NG . SCHEDULE A - PAGE Z COMMITMENT NO. Z-9802860 PEC 18 37n2.97B EXHIBIT "B" 1. Ad valorem real property taxes and assessments for the year 1998 and thereafter. 2. Any adverse claim to any portion of the subject property which has been created by artificial means or has accreted to any such portion so created, and any claim that any portion of the subject property is sovereign land of the State of Florida, including submerged, filled or artificially exposed land and accretions thereto, 3. Any titles or rights asserted to tide lands or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or modified by the government of the United States of America. 4. Riparian rights, if any, affecting the waters, shores and beds of Miami Canal which abuts the subject property. 5, The rights, if any, of the United States of America, the State of Florida, Dade County, Florida, and their respective departments or agencies, and the public generally, in and to the waters, shores and beds of Miami Canal, including, without limitation, the right of such governmental entities and agencies to control the use of bulkheads, sea walls, piers, docks and boat houses, the right to control the use of the lands and shores adjacent thereto, and also the right to control the water level therein. 6. Easements, rights of way and other matters as set forth and shown on the Plat of RIVERDALE Park, filed in Plat Book 21, Page 19, Public Records of Dade County, Florida. Such matters as would be disclosed by a current and accurate survey and inspection of the subject property. 8 All, if any, other easements, covenants, restrictions, reservations, rights -of -way and similar matters of record as of the date of this instrument; however, this reference shall not operate to reimpose the same. 9 The rights of the tenant in possession of the subject property. 10 Any non-compliance of the subject property, as of the date of this instrument, with any laws, codes, ordinances, rules or regulations restricting, regulating, prohibiting or relating .to hazardous substances, hazardous materials or hazardous wastes, environmental contamination, or environmental protection; and the effect of any such non-compliance, or such laws, codes, ordinances, rules or regulations generally, including, without limitation, any lien or other encumbrance arising thereunder or by reason thereof. RI COROW Ff p1-' AL ZeGUiGS a JY� OF .AOE CC JWTY, FL 3R1 RECORN VER1F.SD HARVEY RUY1N�cJlt1 t r FRN. f't"" ATh.L=aoa 581905.3