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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2rd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five working days (1-5) of each month ---unless extended because of a holiday ---from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. 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. 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. O8.08-05 Dean S. Warhaft, Esq. as attorney in fact for 3917 Le Jeune Road, LLC , a Florida Corporation, and Vincente E. and Jacqueline Frrando, husband and wife hereby apply to the Miami City Commission for approval in accordance with Chapter 55 of the Miami City Code, and in support of that request, furnish the following: 1. Twa (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. Twa (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. The property/location listed does not have any open code enforcement/lien violations. 5. At least two photographs that show the entire property (land and improvements). 6. 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. 7. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 8. Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). 9. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 10. What is the acreage of the project/property site? 0.61 acres (AC) (3917 Le Jeune Road .37 AC. and 4191 El Prado Boulevard .24 AC. What is the purpose of this application/nature of proposed use? To Vacate a plated utility easement that no longer fits with the best use of the subject properties, and will allow for a more appropriate easement location to be created. 11. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. NO 12. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO Rev. 08-08-05 2 13. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 14. All documents, reports, studies, exhibits (8 1/2 x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 15. Cost of processing according to Section 62-156 of the Miami 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 PO BOX 332182 Name Dean S Warhaft Miami, FL 33233-2182 Telephone (305)447-6906 Date November 7, 2005 E-mail Address dwarhaft@warhaft.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7th day of November 20 05 , by Dean S. Warhaft who is a(n) individual/partner/agent/corporation of 3917 LEJEUNE ROAD LLC. & VINCENTE E. AND JACQUELINE FERRANDO a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) r Pk, Notary Public State of Florida Jeremy Ray Ellis My Commission DI)483543 Expires 10/19/2009 Signature Rev. 08-08-05 3 LIMITED POWER OF ATTORNEY PURPOSE: FILE, PROMOTE, LOBBY, EXECUTE AND PERFORM ALL TASKS RELATED TO PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF AN EASEMENT IN THE CITY OF MIAMI. I, Charles Bauer, the undersigned, of 10250 SW 110 Street Miami, Miami -Dade County, Florida, as a manager and authorized signor for 3917 Le Jeune Road LLC., make, constitute and appoint Dean S. Warhaft, Esq., of 2841 Day Avenue, Miami, Miami -Dade County, Florida, my true and lawful attorney -in -fact, in my name, place and stead, giving attorney -in -fact full power to do and perform all and every act that I may legally do through an attorney -in -fact, and every proper power necessary to carry out the purposes for which this power is granted, with full power of substitution, revocation, ratifying and affirming that which attorney - in -fact or a substitute shall lawfully do or cause to be done by an attorney -in -fact or a substitute lawfully designated. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of November 2005, by Charles Bauer. who is a manager and authorized signor of 3917 Le Jeune Road LLC., a limited liability company. He is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Notary Public State of Florida Jeremy Ray Ellis My Commission DD483543 Expires 1a119J26Q9 Signature LIMITED POWER OF ATTORNEY PURPOSE: FILE, PROMOTE, LOBBY, EXECUTE AND PERFORM ALL TASKS RELATED TO PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF AN EASEMENT WAY IN THE CITY OF MIAMI. I, Vicente E. Ferrando, the undersigned, of 4191 El Prado Blvd. Coconut Grove, Miami -Dade County, Florida, as an owner and authorized signor for 4191 El Prado Blvd. Coconut Grove, Miami -Dade County, Florida, make, constitute and appoint Dean S. Warhaft, Esq., of 2841 Day Avenue, Miami, Miami -Dade County, Florida, my true and lawful attorney -in -fact, in my name, place and stead, giving attorney -in -fact full power to do and perform all and every act that l may legally do through an attorney -in -fact, and every proper power necessary to carry out the purposes for which this power is granted, with full power of substitution, revocation, ratifying and affirming that which attorney -in -fact or a substitute shall lawfully do or cause to be done by an attorney -in -fact or a substitute lawfully designated. Dated: Novem jer 2, 20Q Vicente E. Ferrando STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 2nd day of November 2005, by Vicente E. Ferrando. who is a(n) Owner of 4191 El Prado Blvd. Coconut Grove, Miami -Dade County, Florida . He is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Ned. Notary Public State of Florida Jeremy Ray EIlis My Commission 0D483543 Expires 10f19/2009 Signature LIMITED POWER OF ATTORNEY PURPOSE: FILE, PROMOTE, LOBBY, EXECUTE AND PERFORM ALL TASKS RELATED TO PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF AN EASEMENT WAY IN THE CITY OF MIAMI. I, Jacqueline Ferrando, the undersigned, of 4191 El Prado Blvd. Coconut Grove, Miami -Dade County, Florida, as an owner and authorized signor for 4191 El Prado Blvd. Coconut Grove, Miami -Dade County, Florida, make, constitute and appoint Dean S. Warhaft, Esq., of 2841 Day Avenue, Miami, Miami -Dade County, Florida, my true and lawful attorney -in -fact, in my name, place and stead, giving attorney -in -fact full power to do and perform all and every act that I may legally do through an attorney -in -fact, and every proper power necessary to carry out the purposes for which this power is granted, with full power of substitution, revocation, ratifying and affirming that which attorney -in -fact or a substitute shall lawfully do or cause to be done by an attorney -in -fact or a substitute lawfully designated. Dated: JacgLeline Ferrando STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of November 2005, by Jacqueline Ferrando. who is a(n) Owner of 4191 El Prado Blvd. Coconut Grove, Miami -Dade County, Florida . He is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) x spa Notary Public State of Finrida Jeremy Ray Ettis My Commission DD483543 Expires 10119r2009 Signature AFFIDAVIT Before me, the undersigned, this day personally appeared DEAN S. WARHAFT , 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 his/her 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 foregoing petition, ■ including or 0 not including responses to day to day staff inquires. 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. Dean S. Warhaft .� Applicant Name App• ant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7th day of November 20 05 , by Dean S. Warhaft who is a(n) individual/partner/agent/corporation of 3917 LEJEUNE ROAD LLC. & VINCENTE E. AND JACQUELINE FERRANDO a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) 01 / P`t Notary Public State of Florida Jeremy Ray Ellis My Commission DD483543 F n Expires 10119/2009 4 Rev. 08-0S-05 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) 3917 LEJEUNE ROAD LLC. & VINCENTE E. AND JACQUELINE FERRANDO Subject Property Address(es) 3917 Le Jeune Road Miami, Florida, 33133. & 4191 El Prado Blvd. Miami, Florida, 33133. Telephone Number (786)271-3125 (LEJEUNE ROAD LLC)/(305)445-0401(Vincente Ferrando) E-mail Address 2. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1; and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address Legal Description 4178 El Prado Blvd. Miami Florida 33133 Lot 136 of UTOPIA, according to the Plat thereof, recorded in Plat Book 8, at Page 94, of the Public Records of Dade County, Florida; LESS a triangular piece of land in the Southwesterly corner thereof, more particularly described as Blows: Begin at the Southwest comer of Lot 136; thence run in an Easterly direction along the South boundary line of said Lot 136 for a distance of 15 feet to a point; therm run in a Northwesterly direction along a line which would intersect the Northwesterly boundary line of Lot 137 at a point 15 feet Southwesterly of the most Northerly comer of said Lot 137 for a cfrstance of 65.97 feet to its intersection thereof with the West boundary line of said Lot 136 and also being a pant on the East boundary line of Lot 137; thence run in a Southerly dii tdon along the West boundary line of Lot 136 fora distance of 66.05feet tothe Point of Beginning. AND ALSO A triangular piece of land in the Northeasterly corner of Lot 137 of UTOPIA, according to the Plat thereof, recorded in Plat Book 8, at Page 94, of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the most Northerly comer of Lot 137; thence run in a Southwesterly direction along the Northwesterly boundary line of Lot 137 for a cfsta re of 15 feet to a point; thence run in a Southeasterly direction along a tine which would intersect the South boundary line of Lot 136 at a point 15 feet Easterly of the Southwest comer of said Lot 136 for a distance of 37.15 feet to its intersection thereof with the East boundary line of Lot 137 and also being a point on the West boundary line of said Lot 136; thence run in a Northerly direr along the East boundary line of Lot 137 and also being along the West boundary line of said Lot 136 for a distance of 48.80 fee e Point e i nning. Dean S. Warhaft Owner or Attorney Name Owner e'r Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7th day of November 20 05 , by Dean S. Warhaft who is a(n) individual/partner/agent/corporation of 3917 LEJEUNE ROAD LLC. & VLNCENTE E. AND JACQUELINE FERRANDO a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as entification and who did (did not) take an oath. (Stamp) Rev. 08-08-05 vPo, • Notary Public State of Florida Jeremy Ray Etiis My Commission DD483543 Expres 10/19/2009 5 Signatire "EXH.IBI..[ A" Address: 3917 Le Jeune Road Miami, Florida 33133 Legal Description: The North 23 feet of lot 139, all of Lot 140, the North 100 feet of lot 141, and the South 27 feet of Lot 161, "Utopia", according to the plat thereof, as recorded in Plat Book 8, at Page 94, of the Public Records of Miami -Dade County, Florida. Address: 4191 El Prado Boulevard Miami, Florida 33133 Legal Description: Lot 138, and the South 27 feet of Lot 139 and Lot 141, Less the North 100 feet thereof, "Utopia", according to the plat thereof, as recorded in Plat Book 8, at Page 94, of the Public Records of Miami -Dade County, Florida ACCURATE CONSTRUCTION SURVEY CORP. P.O. BOX 392181 MIAMI. FLORIDA 93233-21B1 (305) 447-89013 FAX (305) 447-9680 EMAIL: INFOOSURVEYFL.COM 2841 DAY AVENUE MIAMI, FLORIDA 99193 MAP DF SPECIAL PURPSOF BOUNDARY SURVEY FOR' SEE THE MAP OF BOUNDARY SURREY, LANDS DESCRIBED IN PLAT BOOK 8 AT PAGE 94, MUWI-DAOE COUNTY, FLORIDA THIS SURVEY MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEA. OF THE FLORIDA LICENSED SURVEYOR AND MAPPER, THE SIGNATURE AND SEAL CAN BE FOUND AT THE END OF THIS REPORT. THE MAP AND REPORT ARE NOT COMPLETE WITHOUT THE OTHER. THIS SURVEY AS PROVIDED ON ELECTRONIC MEDIA IS NOT COMPLETE WTI'110UT THIS ORIGINAL, SIGNED AND SEALED HARD COPY OF THIS M4P OF SURVEY. I FGAL DESCRIE.I10N; 1917 LE IC134F ROAD. IIC. PARCEL THE NORM 23 FEET OF TOT 139, ALL OF LOT 140, THE NORM 100 FEET OF LOT 141, AND THE SOUTH 27 FEET OF LOT 161, UTOPIA', ACCORDING TO THE PLAT THEI.LUA, AS RECORDED IN PLAT BOOK 6, AT PAGE 94, OF THE PUBLIC RECORDS OF WWI-DADE COUNTY, FLORKI4, AND 4ICENTF E FERRARO° PARC4'1 LOT 138 AND THE SOUTH 27 FLIT OF LOT 139 AND LOT 141 I.S THE NORTH 100 FEET THEREOF, 'UT0P1A'. ACCORDNG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8. AT PAGE 94, OF THE PUBLIC RECORDS OF NMI-DADE COUNTY, F1.ORtM I FGAI DESCRIPTION FOR FASFMFNT TO RF VA9A199' A PORTION OF LOTS 139, 140, 141 AND 161, 'UTOPIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 94, OF THE PUBLIC RECORDS OF MUAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 3-FEET OF LOTS 138, 134, 140 AND 151, AND WEST 3-FEET OF LOT 141, `UTOPIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 94, OF THE MAIM RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AREA TO BE VACATED: 835.5± SQUARE FEET r1RTIFIFTI TO k FOR- TAPAHhs DFVFLOPMFNT GROUP 1917 IF .IflME ROAD. 1 I ClIABLES BAUER RT1FIFD T0- VICENTE E FERRARO° .IAY:0I III NNE FERRAN011 DEVELOPMENT GROUP OHARI FS BALJEB 9730 FA0C HIRISI'.ILS PAA MEFTO BAY_ 0.211OA _-3157 SURVEY DATE. JULY 7111. 2005 REVISIONS: NOYFMBER 03. 2005 (FFRRANDO PARCEi. DETAL1 ACCURACY: THE EXPECTED USE OF THE LANG: AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (61 G17-6 RAC). IS 'SINGLE FAMILY / RESIDENTIAL'. THE MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS 1 FOOT IN 7,500 FEET. THE ACCURACY OBTANED BY MEASUREMENT WITH A 5LR[KIA TOTAL STATION (SET 4110R) AND A SOKKLA 200 FOOT STEEL TAPE AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO EXCEED THIS REQUIREMENT. DATA SOURCES: THE LEGAL DESCRIPTION FOR 3917 LE JEUNE ROAD, U.C. PARCEL WAS FURNISHED 8Y ATTORNEYS' TIILE INSURANCE FUND, INC. THE LEGAL DESCRIPTION FOR FERRANDO PARCEL WAS FURNISHED BY THEOWNER. THE LEGAL DESCRIPTION FOR THE EASEMENT TO TIE VACATED WAS CREATED BY LAND SURVEYOR CHARLES W. CARR. EASEMENTS: THE RECORD PUT DOES INDICATE A 3-FOOT UTILITY EASEMENT OVER AND/OR UNDER THE EAST 3-FL±I OF LOTS 138, 139, 140 AND 161, AND A 3-FOOT UTILITY EASEMENT OVER AND/OR UNDER THE NORTH AND WEST 3-FEET OF LOT 1 41 , ON SUBJECT PARCELS BOUNDARY INCONSISTENCIES: DIFFERENCES GREATER THAN 0.10 FEET WERE NOTED SY MEASUREMENTS AS COMPARED TO CALCULATIONS FROM THE RECORDS PROVIDED. THESE DIFFERENCES ARE NOTED BY DEED, RECORD AND/OR MEASURED. SEE SPECIAL SURVEY NOTE BELOW. LOCATED IN: THE CITY OF MIAMI hiATED521f r,(11IN15 (11 n5IDA PLAT BOOK 8 AT PAGE 94 IN SECTION 29. TOWNSHIP 54 SOUTH, RANGE 41 EAST, MW4I-DADE COUNTY, FLORIDA CURRENT DATE: NOVEIABER 03. 2005 VACATING DETAILS SCALE: 1 INCH s 20 FEET 511RVEY NOTES 1. THE SURVEY HEREON REPRESENTS A SPECIAL PURPOSE BOUNDARY SURVEY TO DEFINE THE EXISTING AND RECORDED 130UNO4RY LINES OF AN FXISTING EASEMENT TO BE VACATED AS PROVIDED AND REFt±SNCED BY THE LEGAL DESCRIPTION PROVIDED, THE LEGAL DESCRIPTION AS OCCUPIED CLOSES. 2. NO ENCROACHMENTS WERE NOTED BY THIS SURVEY FOR THE DEFINED SCOPE. 3. EVIDENCE OF NOTORIOUS OCCUPATION AND/OR USE OF THE DESCRIBED PARCEL FOR RIGHTS -OF -WAY, INGRESS OR EGRESS IS LOCATED ON LEJEUNE ROAD. THIS SURVEY DOES NOT PURPORT TO REFLECT ANY RECORDED INSTRUMENTS OR RIGHTS -OF WAY OTHER THAN DEFINED BY THE AFORESAID RECORD INSTRUMENTS AND SHOWN HEREON AND STATED IN THE LEGAL, DESCRIPTION AS FT APPEARS ON THIS DRAWING. 4, THE NORTH ARROW AND BEARINGS ARE DERIVED FROM THE ASSUMED MERIDIAN ON THE RECORDED PLAT. THE LEGAL DESCRIPTION HEREON IF SAD DESCRIPTION IS A METES AND BOUNDS AND/OR A FRACTIONAL DESCRIPTION THE BEARINGS ARE BASED ON THE RECORDED INSTRUMENTS AND ARE DERIVED THEREFROM AND SHOWN ON THE MAP OF SURVEY. 5. THE FLORIDA INSURANCE RATE MAP PANEL 0190 J DATED 7-2-94 INDEX DATE 7-17-95 COMMUNITY No. 120A.19 NATIONAL FLOOD INSURANCE PROGRAM DELINEATES THE HEREIN DESCRIBED LAND TO BE WITHIN ZONE X , ELEVATION N / A FEET. THIS 15 NOT A SPECIAL FLOOD HAZARD ZONE. 6. ELEVATIONS ARE BASED UPON CRY OF CORAL GABLES, MIAMI-DADE COUNTY BENCH MARKS, STATE OR GEODETIC VERTICAL REFERENCE MONUMENTS. 7. THIS iS A LAND SURVEY AND WAS PREPARED IN ACCORDANCE WITH FLORIDA STATUTE 472 AND THIS SURVEY COMPLIES 1M9 THE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE FLORIDA STATE BOARD OF PROFESSIONAL LAND SURVEYORS PURSUANT TO CHAPTER51G17-6, FLORIDA ADMINISTRAM E CODE, AND MEETS THE REQUIREMENTS OF THE FLORIDA LAND TITLE ASSOCIATION. SPECIAL SURVEY NOTES: 8. THE OWNERSHIP OF WALLS, FENCES AND IRON GATES WITHIN THE PROPERTY UNE BOUNDARIES BELONG TO 3917 LEJEUNE ROAD, LLC., 0R VICENTE E. FERRARO° AND JACOUEUNE FERRANDO. 9. BEARINGS ARE BASED ON THE PLAT BOOK 8, AT PAGE 94, IN SECTION 29, TOWNSHIP 54 SOUTH, RANGE 41 EAST, 1,11AMI-O43E COUNTY, FLORIDA. 10. ELEVATIONS APPEAR AS: FI 11.00 11. THE BENCH MARK WAS DERIVED FROM CITY OF CORAL GABLES, MIAMI-DACE COUNTY BM DATA ELEVATIONS ARE BASED UPON CITY OF CORAL GABLES DATA AND THE BENCH MARK USED IS A CITY OF CORAL GABLES, VERTICAL REFERENCE MONUMENT. BENCH NARK LISTED AS BM 195 , ELEV. 1.124 FEET NGV1) 1929. LOCATED AT THE SOUTHWEST CORNER OF THE INTERSERTION OF LEJEUNE ROAD AND BARGELLO AVENUE. 12. COMPUTER AIDED DESIGN (CAD) DISKETTE: THE HARD COPY DRAWINGS (MAP OF SURVEY) ARID THE DISKETTE(S) ARE THE COMPLETE SURVEY. THE DISKETTE(S) ARE NOT COMPLETE WITHOUT THE SIGNED AND RAISED SEAL 141 THE REPORT OF SURVEY ON SHEET 1 OF THE MAP OF SURVEY. PROFESSIONAL SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: CHARLES W. CARR, LICENSE NUMBER LS 1080 (STATE OF FLORIDA) 5.8 7265 SIGNED: SEAL W 29.38' 3Y DG, 0A SURVEY No.: 05-06-281(VACATE) A9*13A©n"F E —-28.36- 18.56' WOOD DECK 53.6 3.2' 2D 0) 9°10 00"E i` 10 PORCH 20.75' 0 10 CO SHEET 01 OF 01. 37.51' ONE STORY C.H.S. BLDG. 10.88' o 7.64- Af) N 28.83' 7.31' WOOD DECK 141 M0 ° DEAN S. WARHAFT, ESQ. FL BAR 559091 WA BAR 29740 LAW OFFICES OF DEAN S. WARHAFT PO BOX 332182, MIA.Mi, FLORIDA 33233-2182 2841 DAY AVENUE MIAMI, FL. 33133 TELEPHONE: (305) 447-6906 FAX: (305) 447-9660 dwarbaft@warhaft.com Monday, November 07, 2005 3917 LEJEUNE ROAD LLC 9730 East Hibiscus Street, #C Palmetto Bay Ft 331 57 And VINCENTE E. AND JACQUELINE FERRANDO 4178 El Prado Blvd. Miami Florida 33133 RE: OPINION AS TO TITLE AND REVERSIONARY RIGHTS SUBJECT PARCELS LEGAL DESCRIPTION: The North 23 feet of lot 139, all of Lot 140, the North 100 feet of lot 141, and the South 27 feet of Lot 161, "Utopia", according to the plat thereof, as recorded in Plat Book 8, at Page 94, of the Public Records of Miami -Dade County, Florida. AND Lot 138, and the South 27 feet of Lot 139 and Lot 141, Less the North 100 feet thereof, "Utopia", according to the plat thereof, as recorded in Plat Book 8, at Page 94, of the Public Records of Miami -Dade County, Florida Title Search Report and exhibits were provided by Attorney's Title Fund, inc. (Fund File Number: 01-2005-017044) and by Vincente Ferrando. Dear 3917 LEJEUNE ROAD LLC and Mr. and Mrs. Ferrando, This is to advise you we have examined abstracts of title covering the above described real property and from our examination of the same we find that at the date of the final certification: Warranty Deed from Kevin Cooper and Susan K, Cooper, as husband and wife, to 11/7/2005 Page 2 3917 Le Jeune Road LLC, a limited liability company, dated August 8, 2005 was recorded August 10, 2005 in O.R. Book 23659 Page 2198, of the Public Records of Miami -Dade County, Florida. A mortgage has been recorded for this parcel. The mortgage dated August 8, 2005 was made and executed between 3917 LEJEUNE ROAD LLC, A FLORIDA LIMITED LIABILITY COMPANY (referred to therein as "Grantor") and COCONUT GROVE BANK (referred to therein as "Lender") and recorded 08-10-2005 in O.R. Book 23659 Page 2199, of the Public Records of Miami -Dade County, Florida. No taxes and/or assessment for the subject property are pending. Taxes and assessments for the year 2004 and/or previous years under Folio Number 01- 41290100830 were paid in full on August 12, 2005; under Register/Receipt number 0017/0000036 in the amount of $14,262.36. Warranty Deed from William J. Vaughan and Jane L. Vaughan, husband and wife, to Vincente E. Ferrando and Jacqueline Ferrando, husband and wife, dated November 29, 2000 was recorded December 01, 2000 in O.R. Book 19390 Page 1970, of the Public Records of Miami -Dade County, Florida A mortgage has been recorded for this parcel. The mortgage dated February 19, 2004 was made and executed between Vincente Ferrando, a Married Man (referred to therein as "Grantor") and Countrywide Home Loans Incorporated (referred to therein as "Lender") and recorded 02-26-2004 in O.R. Book 22072 Page 1087, of the Public Records of Miami -Dade County, Florida. No taxes and/or assessment for the subject property are pending. Taxes and assessments for the year 2004 and/or previous years under Folio Number 01 - 41290100820 were paid in full and appear as such in the Miami -Dade Property Tax Appraisers records. This opinion does not cover claims which might be made the basis of mechanics' or materialmen's liens, rights of parties in possession, disputed boundary lines, easements, special assessments not shown of record, or zoning ordinances, if any, which might affect this property. EASEMENT REVERSIONARY RIGHTS LEGAL DESCRIPTION FOR EASEMENT TO BE VACATED: A PORTION OF LOTS 139, 140, 141 AND 161, "UTOPIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 94, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 11/7/2005 Page 3 THE EAST 3-FEET OF LOTS 138, 139, 140 AND 161, AND WEST 3-FEET OF LOT 141, "UTOPIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 94, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AREA TO BE VACATED: 835.5± SQUARE FEET The easement area is contained completely within the parcels analyzed in the previous section of this opinion. Furthermore, the subject plat "UTOPIA", according to the plat thereof, as recorded in plat book 8, at page 94, of the public records of Miami -Dade County, Florida, contains reversionary language providing that any right-of-way or easement as the case may be that is vacated shall vest back in the contiguous property owners. In the instant case, this is an easement, meaning a "non -possessory" interest in the land. Accordingly, the easement rights can only revert back to the actual holder of the subject parcel. In the instant case, the owners listed herein are exclusively entitled to those reversionary rights. Very truly yours, Dean S. W Esq. PO BOX 332182 Miami, FL 33233-2182 Office (305) 447-6906 Cell: (305) 219-2995 dwarhaft@warhaft.com Thht Document Prepared Ry and Return to: Clear Title of South Florida, 9290 Sunset ❑rives Suite 103 Miami, Florida 33173 Pordl[1o,oro r: 01-4129-010--0830 Warranty Deed This Indenture, Mad this $th Kevin Cooper and Susan K. of the County of Miami -Dade 3 917 LeJeune Road LLC , 111111111111111111111111111111111111111111111 CFI-4 2005R178:353 '+It DR Lk n655 Ps 2148; (l99) RECORDED 08/ 10/2005 08 :16 n 55 DEED DOE TAX 4,110.00 HARVEY MIN, CLERK OF COURT MIAMI-BADE COUNTY, FLORIDA LAST FAGS day of August , 2005 A.D. , Between Cooper, as husband and wife Stntc of Florida a Florida limited liability company »nose dtcs.<. ;.,. 10250 SW 110th Street, Miami, FL 33176 of Mt County of MIAMI-DADF, !`itnesseth Mat the GRANTORS, For and in consideration of Me sum of TEN DOLLARS ($10) DOLLARS. other goat; end valuable. consideration to GRANTORS in hand pad by GRANTEE, the receipt whereof is hereby acknowledged, have granted. bargained and sold to the said O ,4,NTEE and GRANITES heirs, ,ucccssors and assigns forever, the following described land, situate, i }'Inb and being in the Catnty o f Miami -Dade State of Florida towit: The North 23 feet of Lot 139, all of Lot 140, the North 100 feet of Lot 141 and the South 27 feet of Lot 161, of Utopia, according to the Plat thereof, as recorded in Plat Book 8, at Page 94, of the Public Records of Miami -Dade County, Florida , grantors, and State of Florida , grantee. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2004. and tltc grantors do hereby fully warrant the title to said land, and w tt defend the same ag In WitfleSS W erect' the grantors have hereunto set their hands and Seals the day and Signed %seal , = n • dclive in ©ur presence; Pr Wi Fri Witne ted ame: nes s in ed N tness Printed Name: Witness STATE OF Florida COUNTY OF Miami -Dade Pro foregoing instrument was acknowledged before use this Kevin Cooper and Susan K. Cooper, rst awful claims of ail persons whomsoever. firs E above written. Kev• toper P-0. d. 3717 Lacuna Rand, Miami, FL 33146 Susan K. Coop P.O. Address: 3917 €,ejeune Road, Miami, FL 33146 8th day of as husband who roc persoEta4:y knewrt to me or who thaw produced d,eir Florida OF CiARA E. LORENZO MAY COMKESION 4 90319135 EXPIRES: lay t3,2008 ' 9554M tiro 3n4,tt!lutu./ Serviur August and wife a i anti ficahnn. Note, ... c My Ceermissiots Expires: (Seal) (Seal) , 2005 by COOPER Nm Gcnsee by ' Vsprsy Syt,rms. t a0e1 061) 763.555$ Farm FONDA B0ok230591Page2198 CFN#20050835380 Page 1 of 1 T 4 a.roc rrt rreyuc t ley ;PK ittsttr. to' WAX L . a VLTbf , 18Q . MltR1[ L. RIV1 1, P.A, 1550 44adru9* Iwo. , stsito 4120 Coral Gia.Ale*, 1L 33146 rarrill3Ntr.ba.101. 412.9—Q3a—O820 295 PO4 ' 1.4:29 kEC. I 3,90 I0 a O }R578987 3n0 6EC 01 6:0B U0CTTPDEE 1,674.00. SURTX 0.00 HRRVEY RUVINI CLERK DADE COUHIYr `L Warranty Deed This Indenture, Mina this . f' day ar love nb* r , 2000 A I3 , Between William J. Vaughan and Jane L. Vaughan, husband and wife-_..__._--- _.,_-- or d,r Coatty or Hrevard , start or Florida , grantors, prod Vioante a. 1rerraadis and Jacqueline $'er:ealdo, huibarrid and wife ..t.o .doos u: 4191 El Qrado Blvd., Miami, FL 33133 of tt,c County of Miami -Dade Maio or Florida , gtanttas- W Itiicnctti taw tie CftAh'1'oSC.. for mad in comidcrruoe ofmc wm nr TIEN DOLLARS (010) DOLL . aad crier gotx1 and'n a,lc axlii4rkk, 4t 1kAflOR1 in hand ¢old by URANii:kS, ikc rotipt wh.trf u hereby owlad 1+s- gursed, buyiood axd .414 so the laid tiPAN11i:iS rod (111ANTr:M' heirs. w:ot:w.rr owl imam fmtvv,'dw fhlkwNoy,yn,xilyd 41n4. iitude. 'rinses ; abet t.msp or Miami -Dade irate or Florida Rn war Lot 138 and the South 27 Feet of Lot 139 and Lot 141 lash the North 100 feat thereof, UTOPIA, accordingto the Plat thereof, as recorded in Plat Book 8, at Fags 94, of the Public Records of Miami -Dade County, Florida. inky jectt to restrictions, esesesssnts and limitations of rsoor , if any, provided that this uh*Ll not serve to reimpose ansie ordinances and taxoe for the current year and svbsoquont years. 4. WI GOWN, FIL+ ROCoota vERlr4o HARVEY RIPON CLERx CiRCUr7 COURT .d oh: =Linton do hacby' [W1y wlrrVA rye vain an rald L. and will derail Lk mom ap c# lawNI elfina of ill ;wool wbaataoes-tl. in Wltneaa Wbertof,mc WOW *,tu m IrK{: hartIN rnd Ice, the LLty PM you- t1 4 Mriucn Sign tRtj scaled and dativonxi til our presence: awl in 6 te— aaiet 1.4t- 4 fritrocAti Printed Wit'nae5 STATE OF Florida q COUNTY OFr y (Mora Tue Os% w.S 9 .toy of 1iovessbar ce• William J. Vaughan and Jinx L. Vaughan , husband and wife if° rcr.wur r ^+ta me ar whn hm proo auk Florida driver' as license ast400mmtioo. Printed Name: ftLeALL Notary Publics My Ceretisiice Hxpirrat: t..u..n.ae Den irr...Wt. l,N twrItu.a,t, yn.rtrrot William p0 L. Vaug Atldsysr' 123E ki1rrr I AU* (Sul? rrtta, NI, 3S43O•1,54 (Seal} Mrstoura , FL 32944-1150 2000 by