HomeMy WebLinkAboutSubmittal-Letter10/28/2004 13:07 GONZALEZ & ASSOCIATES, P.A. - 3054005140
NO.802 002
GONZALEZ & ASSOCIATES, P.A.
ATTORNEYS A'r LAW
October 28, 2004
Via Fax & Hand -Delivery
City of Miami
Office of Hearing Boards
444 Southwest Second.Ave., 7th Floor
Miami, FL 33130
Attention: Elsa Jaramillo-Velez
Re: Street and Alley Closure Application of Big Time Equipment, Inc.
Our Client: Big Time Equipment, Inc., a Florida corporation
Sob s�•�-
Dear Ms. Fernandez_
I am an attorney licensed to practice law in the State of Florida, a member in good standing of
The Florida Bar, and counsel to Big Time Equipment, Inc.
This follow up Opinion of Title letter, as amended, is in relation to the application filed by
Big Time Equipment, Inc., an active Florida corporation in good standing (hereinafter referred to as
"Owner"), Application for Closure and Vacation of Public Right -of -Way, in connection with a
public right-of-way, and closure of an alley owned by the Owner referenced above, both properties
more specifically described as follows:
Legal description of street adjoining Owner's property:
That portion of N.W. Miami Court as shown on the Plat of JOHNSON AND
WADDELL'S ADDITION, as recorded in Plat Book B at page 53, of the Public
Records of Miami -Dade County, Florida, more particularly described as follows:
Beginning at the N.E. corner Block 42 of said Plat Book B, Page 53; Thence South
along the East line of said Plat Block 42, 360 feet to the S.E. corner of said Block 42;
thence East 50 feet to the S.W. corner of Block 41 of said Plat Book B at Page 53;
thence North along the West line of said Block 41, 360 feet to the N.W. comer of
said Block 41; thence West 50 feet to the point of beginning (hereinafter referred to
as "Street Property");
And,
SUBMITTED INTO THE
THE COLONNADE - SUITE 302 • 2333 PONCE DE LEON BOULEVARI? r PJJ B1 1
TEI. 9O5.424.O236 II FAX; 300.42.4.02'.i7 ■ WWW.PAOLIM
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10/28/2004 13:07 GONZALEZ & ASSOCIATES, P.A. 4 3054005140
NO.802 P03
Elsa Jaramillo-Velez
October 28, 2004
Page 2 of 5
Legal description of alley forminjpart of Owner's property:
Tract of land lying in Block 41, described as follows: Commencing at the Northeast
corner of Lot 2, Block 41, of JOHNSON AND WADDELL'S ADDITION; Thence
run south 360 feet; thence run East 12 feet; thence run North 360 feet; thence run
West 12 feet, to the point of beginning, being shown on the Plat of Block 41, of
JOHNSON AND WADDELL'S ADDITION, as an alley 12 feet wide, extending
North and South through said Block 41 (hereinafter referred to as "Alley Property").
THE PACE'S
It is our understanding that the Owner intends to replat the following properties into what will
be known as the "Ice Palace":
Lots 1, 4, 5, 8, 9, 12, and 13, Block 42, of JOHNSON AND WADDELL'S
ADDITION, according to the Plat thereof, as recorded in Plat Book B, Page 53, of
the Public Records of Dade County, Florida;
Lots 2, 3, 6,1,10tand11,Block 41, ofJOHNSON S ADDITION
TO CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page
53, of the Public Records of Dade County, Florida;
Lots 8, 9, and 12, Block 41, of WADDELL'S ADDITION TO TOWN OF 1vIIAMI,
according to the Plat thereof, as recorded in Plat Book B, Page 53, of the Public
Records of Dade County, Florida, less that portion deeded to the City of Miami for
street or highway purposes; and,
Lots 1, 4, and 5, Block 41, of WADDELL'S ADDITION TO TOWN OF MIAMI,
according to the Plat thereof, as recorded in Plat Book B, Page 53, of the Public
Records of Dade County, Florida, less that portion deeded to the City of Miami for
street or highway purposes. (see footnote 1).
We have been advised that an Application for Closure and Vacation of Public Right -of -Way
of Street Property and Alley Property on behalf of Big Time Equipment, Inc. has been or will be filed
with the Hearing Board's Division of the City of Miami and that all documentation in conjunction
therewith has been or will be properly filed with said Division.
We also understand that a hearing may be held with reference to such closure in conjunction
with the tentative plat of Ice Palace.
Submitted Into the public
record in connection with
item pz -)' on 10 t D-P) 0 4
Priscilla A. Thompson
GONzAuaz & ASSOCIATES, F.A. City Clerk
THE COLONNADE • SUITE 302 ■ 2399 PONCE DE i.EON ®oULEVARO a CORAL GABLES, FL 33134
TEL.• 305.424.0235 ■ FAX: 905.424.0237 R WWW.PAGLAW.COM
10/2e/2004 13:07 GONZRLEZ 8 ASSOCIATES, P.A. 4 3054005140
NO.802 PO4
Elsa Jaranullo-Velez
October 28, 2004
Page 3 of 5
Submitted Into the public
record in connection with •
item P_.._.?-'! on 1o=>e-01l
Priscilla A. Thompson
City Clerk
It is our further understanding that the City of Miami has requested an Opinion as to the
ultimate ownership ofthe Street Property that is being closed, vacated and abandoned and the Alley
Property that is being closed as a result of such Application for Closure and Vacation of Public
Right -of -Way and replatting of the total property.
DISCUSSION
We have reviewed the Plat that originally committed the portions ofthe Public Right -of -Way
question, as well as the Florida Statutes, and determined the following: •
We have examined the Plat of Johnson and Waddell's Addition, recorded in Plat Book B,
Page 53, Public Records of Miami -Dade County, Florida. On its face this Plat contains no reference
whatsoever to any dedication, ordinance or deed to the City of Miami or other municipality, the
County or unincorporated area, in connection with the Street Property and/or Alley Property. The
original Plat is silent in this regard. Notwithstanding this lack of reference to any dedication, the
Street Property and Alley Property may have a presumptive dedication to the public pursuant to
Section 177.081, Florida Statutes.
Section 177.081(3), Florida Statutes, states as follows:
"When a tract or parcel of land has been subdivided and a plat thereof bearing the
dedication executed by the owners ofrecord and mortgagees having a record interest
in the lands subdivided, and when the approval of the governing body has been
secured and recorded in compliance with this part, all streets, alleys, easements,
rights -of -way, and public areas shown on such plat, unless otherwise stated, shall be
deemed to have been dedicated to the public for the uses and purposes thereon
stated However, nothing herein shall be construed as creating an obligation upon any
governing body to perform any act of construction or maintenance within such
dedicated areas except when the obligation is voluntarily assumed by the governing
body." (Italics added).
We have also reviewed Section 177.085 of the Florida Statutes which states 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 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 center line or other
appropriate boundary, unless the owner clearly provides otherwise in the
conveyance."
GONZALEZ & ASSOCIATES, P.A.
THE COLONNADE - SUITE 302 u 2339 PONCE DE LEON BOULEVARD ■ CORAL GABLES. FL93134
TEL: 30s•424,029e i FAX; 305,424.0237 5 WWW.PAGLAW.COM
10/28/2004 13:07 GONZALEZ & ASSOCIATES, P.A. -4 3054005140
NO.802 P05
Elsa Jaramillo-Velez
October 28, 2004
Page 4 of 5
Submitted Into the public
record in connection with
item Fz - I I on to -I? oci
Priscilla A. Thompson
City Clerk
With respect to the Alley Property, we have conducted a complete title search and examined
the chain of title and, specifically, we have reviewed the various deeds recorded over the past 51
years relative to the Alley Property. We have further examined a Warranty Deed executed on
February 12,1998, between Jon-Waddy Corp., a Florida corporation (grantor/seller), and Big Time
Equipment, Inc., a Florida corporation (grantee/buyer). Said Warranty Deed was properly recorded
in Official Records Book 17980, Page 0031, recorded on February 13,1998, transferring to Big Time
Equipment, Inc. ail of the property referred to heroin as Alley Property, the legal description of which
is provided above.
OPINION
Based on the presumption that proper and appropriate steps have been or will be taken to
close, vacate and otherwise abandon the Street Property, it is our opinion that by virtue of the
conditions set forth in the Plat and Florida Statutes set forth above, the Street Property, if closed,
vacated and abandoned, will become the property of the abutting land owners to the centerline on
each side. The abutting land owners are one in the same, Big Time Equipment, Inc. Since the same
owner -owns all twelve-lots1-and the abutting land,, at owner ipbyvirtue of_the. closing, vacating
and abandonment of the public right-of-way or Street Property adjoining the respective lots, will
place title to the Street Property in the abutting land owners, which is Big Time Equipment, Inc:
With respect to the reversionary rights relative to the proposed vacation and closure of the
Street Property, it is our opinion that with respect to those parties having reversionary tights being
the surrounding property owners of the subject Street Property and Alley Property to be vacated and
closed, the only party holding such reversionary rights, pursuant to Florida Statutes, Section 177.085,
relative to all the property, except Lots 1, 4, and 5, of Brock 41 which form part of the Alley
Property, is Big Time Equipment, Inc. At the present time Corsi Investments, Inc. ("Corsi") owns
Lots 1, 4, and 5, of Block 41, which abuts a small portion of the Alley Property. Big Time
Equipment, Inc. has obtained consent to the abandonment, closure and replat being sought from
Corsi. However, although Corsi has no objection to and in fact favors and agrees to the closure being
sought by Big Time Equipment, Inc., Corsi reserves whatever rights it may have to the portion of the
subject property that abuts Lots 1, 4 and 5 of Block 41 in accordance with the applicable Florida
Statutes or other applicable law.
3 The "Street Property", (N.W. North Miami Court from N.W. 14th Street to N.W. 15th
Street) is abutted on the West by Lots 1, 4, 5, 8, 9, and 13, Block 42, and on the East by Lots 2, 3, 6,
7, 10, and 11, Block 41, all of JOHNSON AND WADDELL'S ADDITION, according to the Plat
thereof, as recorded in Plat Book B, Page 53, of the Public Records of Iviiarni-Dade County, Florida.
GONZALEZ & ASSOCIATES, P.A.
THE COLONNADE - SUITE 30Z ■ 2999 PONCE DE LEON BOULEVARD ■ CORAL GABLES. FL 33194
TEL• 305.424.0236 ■ FAX: 305.424.0237 L WWW.PAGLAW.COM
10/28/2004 13:07 GONZALEZ & ASSOCIATES. P.A. 4 3054005140
NO.802 D06
v.
Elsa jaramillo-Velez
October 28, 2004
Page 5 of 5
Furthermore, subject to and based upon any caveats, exceptions and presumptions noted
hereinabove, and our title examination, chain of title, review ofthe various recorded deeds, including
the above -described Warranty Deed recorded on February 13, 1998, it is our opinion that the Alley
Property is entirely the property of Big Time Equipment, Inc., and willremain the property of this
Owner once consent is granted by the City of Miami to close it. The closure of the Alley Property
will not in any manner inhibit the ingress and egress to the adjacent property as the adjat property
does not use the Alley Property for such purposes. N.W. 15th Street and North Miami Avenue
provide the existing access to the adjacent property. In addition, there is no benefit (public or
private) in not allowing the closure of the Alley Property.
Should there be any questions regarding the foregoing, please call or write my office.
PAG/ys
Respectfully submitted,
GONZALEZ & ASSOCIATES, P.A.
Submitted Into the public
record in connection with
item Pz - ► on )
Priscilla A. Thompson
City Clerk
GONZALEZ & ASSOCIATES, P.A. •
THE COLONNADE - SUITE 302 ■ 2.939 PONCE DE LEON BOULEVARD is CORAL GABLES. FL 33134
TEL: SO5.424.0296 v FAX 305.424.0237 5 WWW.PAGLAW.COM