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HomeMy WebLinkAboutApplication & Supp DocsB1LZ N SUMBERG BAENA PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH B15CAYNE BOULEVARD, SUITE 2500 • MIAMI, FLORIDA 33131-5340 TELEPHONE: (305) 374-7580 • FAX: (305) 374-7593 E-MAIL: INFOOBILZIN.COM • WWW.BILZIN.COM Dylan Reingold Direct Dial: 305-350-2372 Direct Facsimile: 305-351-2258 E-mail: dreingold{c�?bilzin.com October 7, 2004 Via Hand Delivery Teresita Fernandez, Director Hearing Board Section City of Miami 444 SW 2nd Avenue, 7th Floor Miami, Florida 33128 Re: Alley Closure Application - Mahi Shrine Property LETTER OF INTENT Dear Ms. Fernandez: The owners of the above -referenced property are seeking a closure of the ten -foot alley through the property as part of the redevelopment of the site for a mixed -use project that will consist of residential towers, office uses and commercial space. The project has already received a favorable review from in the design review process by the Planning Department and from the Plat and Street Committee. We anticipate that a Major Use Special Permit application will be submitted for the project at the beginning of 2005. If you have any questions regarding this matter, please do not hesitate to contact me at 305/350-2409. M IAM 1 812708.1 7573619459 10/7/04 2:40 PM Sincerely, v A. Vicky Garcia -Toledo 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 at the number above, 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 3:00 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 before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. You will be responsible, if needed, to bung an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid 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 cost to record the Zoning Board 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 is signed or initialed by 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. MIAMI 812692,17573619459 10t6/04 4;32 PM Ric..ard Lynn on behalf of !Mehl Shrine Holding Corp. 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. At least two photographs that show the entire property (land and improvements). 5. 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. 6. A clear and legibie copy of the subject property's legal description on a separate sheet of paper. 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 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 1400 NW North River Drive and 1500 NW North River ©rive AND MORE PARTICULARLY DESCRIBED AS: 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 (3rd Floor) at 305-416-1400 for information.) Yes 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 2 M IAM 1612692.1 7573619459 10/6/04 4:32 PM Officer at the Planning and Zoning Department (3rd Floor) at 305-416-1400 for information.} No 13. What is the acreage of the project/property site? - 1.63 acres (net) 14. What is the purpose of this application/nature of proposed use? Vacate 10 foot altev to allow redevelopment of the site. 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 $ .90 Minimum $ 1,200.00 Maximum $ 1,700.00 Public hearing and public meeting mall notice fees, including cost of handling and mailing per notice Signature' —�' ' Richard E Lynn Name $ 3.50 Address0 N AMU EMRINERS SOO N.W. Now 3IVER AIIV'$ Telephone 3 0 5 3 2 5 0 4 1 1 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE 10-07=04 ��� The rags ng inst .mt wa acknowledged before me this / day of ' 20�Y by r? ratii of individwailpartner �gen vr� a(n) iindividual/partnership produced an oath. N Kay A Henon (Stamp) i+ny Commission D0207716 Signature Expires May 01, 2007 who is a(n) rsornally known to me • r who has as identification and who(did not) take 3 MIAMI 812692,1 7573619459 10/6/04 4:32 PM AFFIDAVIT Before me, the undersigned authority, this day personally appeared, Richard E. Lynn on behalf of Mehl Shrine Holding Corp., who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3, That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Richard E. Lynn Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature Thef.reg ing ins nt was ,acknowledged before me this day of 2 by / ! , who is a(n) irtdividuaI/partnerlagenticorporati of a(n) individual/partnership/corporation. He/ 3h is personally knewn to mm or who has produced as identification and who did (did not) take an oath. (Stamp) ,''""`' , Kay A"efCO" Signatu My Carrimiaaipn DD2fl771b 0, Expires May 01, 2007 4 M 3A M t 812892.1 7573619459 10/6/04 4:32 PM DISCLOSURE OF OWNERSHIP 1, Street address and legal description of subject property: 1400 and 1500 NW North River Drive See attached Exhibit "A" for legal description of property 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 Mahi Shrine Holding Corp. Mailing Address Telephone Number Sind V.4, 148o N.W. NuK 1 H 1U\ ' ; ' mum, FLORIDA 331 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.) Street Address N/A Owner or Atthrn 9 fo _!_akiame STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description NIA Owner or Attorney for Owner Signature The f got instrument was ac owledged before me this 20( y � '� 4r�drvi u p d att artne gen or of / a(n) individuaI/par rhershl orp r t n. He produced (Stamp) oo l' Kay A Henn `�(d` My Commission DD207715 ov n Expires may 01, 2007 M IAM 1812692.1 7573619459 10/6/04 4:32 PM day of " ovally known o rrie' •r who has as identification and who did (didnot)take an oath. Signet 5 Exhibit "A" 'LEGAL DESCRIPTION: Lot 13 of "ST. JOHN PARK" as recorded in Plat Book 5, Page 19 of the Public Records of Miami -Dade County, Florida. And Lots 1 through 11 of "COUNTRY CLUB APARTMENT SUBDIVISION" as recorded in Plat Book 6, Page 133 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: 2 BEGIN at the NW corner of said Lot 13 of "ST. JOHN PARK"; thence S64°01'39"E along the North line of said Lot 13 and Lot 1 of "COUNTRY CLUB APARTMENT SUBDIVISION" for a distance of 200.02 feet to the point of intersection with the NE corner of said Lot 1; thence SD3°12'58"W along the East line of said Lots 1 and 2 for a distance of 78.00 feet to the point of intersection with the SE corner of said Lot 2; thence N86°47'02"W along the South line of said Lot for a distance of 7.00 feet; thence S03°12158"W for a distance of 306.07 feet; thence N64°08'30"W for a distance of 33.00 feet; thence S25°51'30"W for a distance of 11.92 feet to the point of intersection with the South line of said Lot 11; thence N64°0219"W along the South line of said Lots 11 and 13 for a distance of 154.52 feet to the point of intersection with the West line of said Lot 13; thence NO3°13'50"E along said line for a distance of 400.00 feet to the POINT OF BEGINNING. 3 LEGAL AND SKETCH PARCEL "A" SURVEYOR' S NOTES: 1. Bearings are based on an assumed value (S64°01'39"E) on the centerline of N.W. North River Drive. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. This sketch does not represent a land survey LEGEND: POB Point of Beginning P.B. Plat Book PG. Page SF Square Feet LEGAL DESCRIPTION: Lot 13 of "ST. JOHN PARK" as recorded in Plat Book 5, Page 19 of the Public Records of Miami -Dade County, Florida. And Lots 1 through 11 of "COUNTRY CLUB APARTMENT SUBDIVISION" as recorded in Plat Book 6, Page 133 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: BEGIN at the NW corner of said Lot 13 of "ST. JOHN PARK"; thence S64°01'39"E along the North line of said Lot 13 and Lot 1 of "COUNTRY CLUB APARTMENT SUBDIVISION" for a distance of 200.02 feet to the point of intersection with the NE corner of said Lot 1; thence S03°12'58"W along the East line of said Lots 1 and 2 for a distance of 78.00 feet to the point of intersection with the SE corner of said Lot 2; thence N86°47'02"W along the South line of said Lot for a distance of 7.00 feet; thence S03°12'58"W for a distance of 306.07 feet; thence N64°08'30"W for a distance of 33.00 feet; thence S25°51'30"W for a distance of 11.92 feet to the point of intersection with the South line of said Lot 11; thence N64°02'19"W along the South line of said Lots 11 and 13 for a distance of 154.52 feet to the point of intersection with the West line of said Lot 13; thence NO3°13'50"E along said line for a distance of 400.00 feet to the POINT OF BEGINNING. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 61G17-6. Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This sketch does not represent a land survey. Ludovici and Orange Consulting Engineers Inc. L.B. #1012 By: Arturo A. Sosa Surveyor and Mapper 2629 State of Florida CONSULTING ENGINEERS, INC. 329 PALERMO AVENUE, CORAL GABLES, ELORiDA 33134 • 305/448-1600 • LB 1012 a. \\SAM ect5\2001\20Ci 31 A MAHI-` 'l?'LE\dxg\?S•01 31ADVG 10/6/2004 1133€ ?:ASF SHEET 1 OF 2 SHEETS NW CORNER LOT 13 WEST LINE LOT 13 4 NO3°13'50"E 400.00' i5a/7 LEGAL AND SKETCH -11!by PARCEL "A" ITS 4,0 39•�. 3 ia o 2 cn NBfi•4 7020W PARCkL A- -- _0 71,136S.F.3 13 1. 63 .nacres 4 /49 C2 Q f � LL 5 Ian !�f ( 9 SW CORNER - LOT 13 Z. o'j 10 -T) 0 2/9` 1 1 1 4 •6 » tory 04-4 8"3© • SE COINER LOT 2 SOUTH LINE LOT 2 PROJ. NO: 2001 31 A .. DATE: 10-06-2004 DRAWN: AJ CHECKED: AS CONSULTING ENGINEERS, INC. -_ 329 PALERMO AVENUE, CORAL GABLES, FLORIDA 33134 • 305/448-1600 • LB 1012 \\SAMBA\°iVProjects\E001A240I 31 A MART-TbPLE\th \2D E 31A. DWG 1O/6/?004 113,3! PM EST 0 5,1 z SCALE: AS SHOWN J/1AM SHRINE SHEET 2 OF 2 SHE LEGAL AND SKETCH 10' PUBLIC ROAD SURVEYOR' S NOTES: 1. Bearings are based on an assumed value (S64°01'39"E) on the centerline of N.W. North River Drive. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. This sketch does not represent a land survey LEGEND: POB Point of Beginning P.B. Plat Book PG. Page SF Square Feet LEGAL DESCRIPTION A 10 foot Public Road Right -of -Way as recorded in "COUNTRY CLUB APARTMENT SUBDIVISION", Plat Book 6, Page 133 of the Public Records of Miami -Dade County, Florida. Lying adjacent to the West of Lots 1 through 11 of said plat of "COUNTRY CLUB APARTMENT SUBDIVISION", and adjacent to the East of Lot 13 of "ST. JOHN 2 PARK' as recorded in Plat Book 5, Page 19 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: BEGIN at the NE corner of said Lot 13 of "ST. JOHN PARK'; thence S64°01'39"E for a distance of 23.01 feet to the point of intersecion with the NW corner of said Lot 1; thence S25°45'09"W along the West line of said Lot 1 for a distance of 28.82 feet; thence S03°12'58"W along the West line of said Lots 1 through 11 for a distance of 368.77 feet to the point of intersection with the SE corner of said Lot 11; thence N64°02'19"W for a distance of 11.09 feet to the point of intersection with the SW corner of said Lot 13; thence NO3°13'24"E along the East line of said Lot for a distance of 400.00 feet to the POINT OF BEGINNING SURVEYOR'S CERTIFICATE: l HEREBY CERTIFY: that the LEGAL AND SKETCH of the property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 61 G17-6. Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the sketch hereon is true and correct to the best of my knowledge bnd belief. Subject to notes and notations shown hereon. This sketch does not represent a land survey. Ludovici and Orange Consulting Engineers Inc. L.B. #1012 By: Arturo A. Sosa Surveyor and Mapper 2629 State of Florida PROJ. NO: 2001 31A DATE: 10-06-2004 DRAWN: AJ CHECKED: AS CONSULTING EML NJEFRS, i1JC. 329 PALERMO AVENUE, CORAL GABLES, FLORIDA 33134 - 305/448-1600 - LB 1012 4 SCALE: AS NOTED MA HI SHRINE SHEET 1 OF 2 SHEETS \\SAMBA\P-AProjectsA20a1V 2001 s1 A MAHI-TtN.PLE\dngA2€6I 3!A-D4/5 €G/6/2 2 i LEGAL AND SKETCH � 0 10' PUBLIC ROA D ?Tyh'i 6 2 D 9 PaB NELOT s• CORNER �•o • /1/ 13 4 1 2 ('- � �..t 3 ,! 6 IX:LT 1 1 D ! �Ll Z -1__ Cl` 1 rl 1 f SW CORNER r LOT 13 — - J 1 SE CORNER 1 LOT 11 PROW - NO:.2001 31A 10 n DATE: 10-06-2004 1 DRAWN: AJ 0 U) CHECKED:AS E CONSULTING ENGINEERS, tNc. 329 PALERMO AVENUE, CORAL GABLES, FLORiDA 33134 • 305/448-1600 • LB 1012 SCALE: AS SHOWN MAHI SHRINE SHEET 2 OF 2 SHEETS s \\SAMBA\P:AProjects\209i\2001 9t A MAW,-7;_MPLE\dwg\2E01 31A11/G iGl6/20,4 1.1526' Pia EST JAN. -13' 05 (WED) 14 : 03 B I LZ [ N SUMBERG ET. AL P. 002 OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation RE; Tentative Plat Mrthi Shrine Subdivision 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 ("Replan") covering the real property hereinafter described, it is hereby certified that I have: examined First American Title Insurance Company Commitment bearing file number Miami River 1062-383099 ("Title Evidence") covering the period from the BEGINNING through November 19, 2004 at 8:00 a.m., inclusive, of the following described real property (collectively, the "Property"): See Exhibit. "A" attache hereto. Basing my opinion solely on said Title Evidence covering said period, I am of the opinion that an the last mentioned date in the Title Evidence, fee simple title to property described in Exhibit "A" was vested in Mahi Shrine Holding Corporation, a Florida corporation ("Owner") Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: NONE. 2. RECORDED MECHANICS LIENS, CONTRACT LIENS, LIS PENDENS AND JUDO ENT'S: NONE 3. GENERAL EXCEPTIONS: a. Real Property taxes for calendar year 2004 and prior years; b. Rights of persons other than the Owner who are in possession; c. Facts that would be disclosed upon accurate survey; d. Any unrecorded labor, medics' or materialmen's liens; c. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the Property prior to the date of the claim, and any adverse claim to all or part of the Property that is or was previously under water; i75736\1969n tf 697372 v 1 1211 QN4 2:44 PM JAN, -13' 05 (WED) 14:03 B I LZ IN SUMBERG ET, AL P, 003 f Any minc;ra1s or mineral rights leased, granted or retained by current or prior comers sites; g. Rights of the sovereign to any part of the land lying below the ordinary hig 3 water mark of any abutting body of water; h. Riparian and/or littoral rights; i. Any right of the United kates Goventmcnt, arising by reason of the United States Government's control over navigable waters in the interest °Navigation and commerce; and j. Any lien in favor of any city, town., village or port authority for unpaid service charges for service by any water, sewer or gas systems supplying the Property 4. SPECIAL EXCEPTIONS: None FACTS It is our understanding that the Owner is replotting the Property and such replotted Property will be known as "Maki Shrine Subdivision." We have been advised that an Appl'cation for Closure and Vacation of Public Right -of - Way has been filed by the Owner with the Hearing Board's Office of the City of Miami with respect to the road (approximately 10 feet in width) that is identified as ".Public Road" on the Plat of Country Club Apa1 intent Subdivision (PE B-6/133) and which lies along the west boundary of said plat. We further understand that all documents in conjunction with the Application 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 said Public Road abutting the Property as shown on the tentative plat and described in Exhibit "IV attached hereto upon being vacated as a result of such Application for Closure and Vacation of Public Right -of -Way and replotting of the Replotted Property ('Proposed Closed Right of Way„). DISCUSSION II. The legal description of the Property consists of the lots or parcels described on Exhibit "A" hereto and such lots or parcels lying within the following two (2) plats: (a) PLAT OF ST, 7C7I-IN PARK., recorded in Plat Book 5, Page 19, of the Public Records of Miami -Dade County, Florida ("St, John Park Plat"), We have examined the Si_ John Plat Park Plat. The St. John Plat Park Plat or.ly plats the actual lots shown thereon and does not create, show or dedicate any portions of the Proposed Closed Right of Way (nor does it create, show or dedicate any roads or rights of way). 175735\1901\ # 697372 v 1 12/10,04 2;44 PM 2 JAN. -13' 05 (WED) 14:04 B I LZ I N SUMBERG ET. AL P. 004 (b) PLAT OF COUNTRY CLUB APARTMENT SUBDIVISION, recorded in Plat Book B-6, Page 133 of the Public Records of Miami -.Dade County, .Florida (" Countiy Club Plat"). We have examined the Country Club Plat, the pint that dedicated the Proposed Closed Right of Way to the public_ The Country Club Plat contains the Following dedication and reversion clause : "The road and sidewalk as shown hereon is hereby dedicated to the free use of the public, reserving, however to the said St. John Company, its successors and assigns, all reversion and reversions, remainder and remainders when said roae and sidewalk cease to be used as such, is closed or vacated in accordance with law." We have further examined Florida Statutes Section 177.085 which reads as follows: "When any owner of land subdivides the land and dedicates the streets, other roadways, alleys or similar stri4g on the map or plat, and the dedication contains a provision that the it iiersionary interest in the street, roadway, alley or other similar strip is reserved unto the dedicator or Ins 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." R.I. The Title Evidence provides that upon proper closure and vacation of the proposed Closed Right of Way, fee title to the 'Proposed Closed Rights of Way will belong to Owner. OPINION Based on the presumption that proper and appropriate steps will be taken to close the Proposed Closed Right of Way as above described, it is our opinion that by virtue of the conditions set forth in the Country Club Plat, the Statute quoted above and the Title Evidence, the Proposed Closed Right of Way will become the property of the abutting land owners to the centerline on each side or other appropriate bound.ary. The Ownership by virtue of the closing of the aforedescribed Proposed Closed Right of Way running through the respective Iand should place title to the said Proposed Closed Rights of Way in the remaining abutting land owners on both sides, which is "Owner", title to the Proposed Close Right of Way should be placed solely in Owner. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the Stale of Florida, and am a member in good standing of the Florida Bar. 17573b1t 9691i ti 697372 v 1 12/10104 2.44 PM 3 JAN. -13' 05(WED) 14:04 BILZIN SUMBERG ET, AL P. 005 Respectfully submitted this Jr day of December, 2004. Bt1.7IN SUMBERG BAENA PRICE & AXELID LLP 200 S. Bis yrle Boulevard, Suite 2500 Miami, Florida 3313I-2336 Phone: (305) 375-6141 Direct Fax; (305) 351-2256 By: I SWORN TO AND SUBSCRIBED before me this (' ' day of December, 2004 tary Public My Commission Expires: 175736\196911 # 697372 v T 121101042:44PM 4 By: TNER W_ S'mdell, es dent JAN. -13' 05 (WED) 14 : 04 B 1 LZ 1 N SUMBERG ET. AL P. 006 .EXHIBIT "A" LEGAL D.ESCRTPTION The below described properties where lying between N.W. North River Drive and the Miami River: Lots 7-13, Plat of St. John Park, according to the plat thereof recorded in Plat Book 5, page 19, less: Begin at the Northwest corner of Lot 7 of ST. JOHN PARK, according to the Plat thereof, as recorded in Plat Book 5, at page 19, of the Public Records of Miami -Dade County, Florida; thenec roil Southeasterly along the Northeasterly line of said Lot 7 for a distance of 87.86 feet; thence deflecting to the right for an angle of 178°26'55" run Noithwesterly for a distance of 86.91 feet to the point of intersection with the l t line of said Lot 7; thence run Northerly along the West line of said Lot 7 for a distance of 2.55 feet to the Point of Beginning. Lots 1-11, Country Club Apartment Subdivision., according to the plat thereof recorded in Plat Book B-6,page 133_ All of the Public Records of Miami -Dade County Florida. t75736t19fi91t1I697172 v 1 12l1 O/ 4 7,:44 PM JAN. -13' 05 (WEB j 14 ; 04 B I LZ I N SUMBERG ET. AL P. 007 EXHIBIT "B" PROPOSED CLOSED RICHT OF WAY DESCRIPTION The following legally described property where lying Lween N.W. North River Drive and the Miami River: 1757361Z 96911 # 697372 v I211 QIt 4 2:44 PM 6 Date: 10/6/2004 Time: 12:03 PM To: e 3053512267 Page: 003-004 IMAGE01 : FL-04-159020-2 10/06/2004 12:02:57pm Page 1 of 2 ?a *the add posy et dr fiat p.m ter mai emarlderesin lits sem . 4"11f good mph variable cottaldwrotertort r . . „ . •,,k hid febi kr the old pert4....... «dge award part, die receipt abetted h in* iitiaeeditilipate. • bat gasied,tespird end add la dr id& puerr- Id de eammell risi....144114104.«---* Ibliforal *lips III*, de Malin elostribal imit *Milo Wag sad Wei la4Ds 6124 mide eadtatoteribtakhifteldo . Lots 7, Op 9, &Op 11. 22, a and 14 of ST. JOH13 PDX. esubdivieLen, as recorded in Flat Hook 5, it FeNs 19s ctr SIN ?WU* Records of Dade 4ounty, norida, Including Lots 1 to 11 both inclusive. of COUNTRY CLUB iTaRTMENT stmomsTos, a reanb... division of Lot 14 of ST. JOHNS PARK, is rtoorded in Plat Book $, at pogo 19 of the Public Record* of Dade Countyp Florida. Together with full riparian rights pertaining to above lark.,:, Together with any reverter or reversionary rights running - with said land or *rested by the non use or discontinwanoe 'or streeta, drives, roads and alleys abutting or adSoin- ing said land, and reparian rights pertaining to the foot of M. W. 1$th AMU. (forrerly Croton Woad) end the Meal RlYer. Date: 10/6/2004 Time: 12:03 PM To: @ 3053512267 Page: 004-004 IVAGE01 : FL-04-159020-2 10/05/2004 12:02:57pm Page 2 of 2