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HomeMy WebLinkAboutApplication & Supporting DocsTEW - CARDED: MIAM€ - TA i.LAit A83EE • WASE3INGTC3N DC 3z RI z:\ ".. Br1.i:Oi pmb(,tewlaw.com September 6, 2005 Via Hand Delivery, Mrs. Teresita Fernandez Office of Hearing Boards City of Miami 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 Re: Tivoli - Alley Vacation and Closure Application Dear Mrs. Fernandez: -OUR SEASONS FLOOR 1441 13RICKILL L AVENUE 1_ RIAMI, FLORIDA 33131 -3407 T 385.536.1112 F 305.536.1116 F�'tit'1n'.TE.Ak i_AW.COM On behalf of 39'h Street Investors Group, LLC, this firm submits the enclosed public hearing application for vacation and closure of a private alley on the property located at approximately 3915 Biscayne Boulevard (the "Alley"). The Alley is approximately 197.52 feet long and 14 feet wide. The vacation and closure of the Alley will facilitate unification of the property for intended residential development. Thank you. Sincerely, atricia M. Baloyra Enclosure cc: Santiago D. Echemendia, Esq. 3esktop1::ODMAJMHODM AIM1A.M[;444494;1 HEARING BOARDS 444 SW 2"`l 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. 08-08-05 r, Patricia M. Balovra, on behalf of 39th Street investor YyCrdp, LLC f„. hereby apply to the Miami City Commission for approval in accordance with dho er 55 of the Miami City Code, and in support of that request, furnish the following: 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. 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? Approximately 3.19 acres 11. What is the purpose of this application/nature of proposed use? Please see accompanying letter of intent 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. No 13. 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 14. 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 Ca'poration 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 afd 15. All documents, reports, studies, exhibits (8 '/ 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. 16. 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 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signet Name pptrici,9 ,M. BaloyrR Miami, Florida 33131 Date $ .90 $ 1,200.00 $ 1,700,00 $ 3.50 Telephone ( ins) Y 6--1 i 12 Tew Cardenas LLP Address 1441 Brickell Avenue, 15th Floor E-mail Address pmh@tew] aw. com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this e day of 20 05 , by Patricia M, Balovra who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation, HeiShe is ersonally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Elizabeth Bernardo It * Commission � 4 Expires April 7 2007 Rev. Q8-08-o5 3 AFFIDAVIT Before me, the undersigned, this day personally appeared Patricia Baloyra , who being by me first deposes and says: t , 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, n including or ❑ 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. Patricia M. Baloyra Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 05 ,by Patricia M. Baloyra who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is ersonall known to me or who has produced as identification and who did (did not) take an oath. Signire ant Signature (Stamp) Rev. 08-08-05 Elizabeth Bernardo My corrmsieteon D0201009 e4de Boma April 7 2007 4 day of 3'�� 1. Address: DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: 3915 Biscayne Boulevard 405 N.E. 39 Street 443 N.E. 39 Street 447 N.E. 39 Street 455 N.E. 39 Street 521 N.E. 39 Street Legal Description: PARCEL A: The South 149.88 feet of that part of Lot 13 that lies East of Biscayne Boulevard, the South 149.88 feet of Lot 14, and all of Lots 15, 16, 17, 18, and 19 and the West 20 feet of Lot A, LESS the South 8.00 feet for road purposes, SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida, together with all right, title and interest, if any, in that portion of the 14 foot wide alley lying between said Lot 19 and Lot A and lying North of and contiguous to the Northerly boundary of said Lots 18 and 19, bounded as follows: On the West by the Northerly projection of the West boundary of said Lot 18 and bounded on the South by the Easterly projection of the South boundary of said Lot 19 to its point of intersection with Wes( boundary of Lot A. PARCEL B: The East 75 feet of the West 230 feet of Lot A, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof as recorded in Plat Book 5, Page 25, of the Public Records of Miami -Dade County, Florida. PARCEL C: The East 135 feet of the West 155 feet of Lot "A," MAGNOLIA PARK, Second Amended, according to the Plat thereof, recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida, less easement of the North or rear 10 feet of Lire East 135 feet of the West 155 feet of Lot "A" MAGNOLIA PARK, a Subdivision according to the second amended Plat thereof on file in the office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida, recorded in Plat Book 5, Page 25, thereof. 2. Owner(s) of subject real property and percentage of ownership_ Note: The Code of the City of Miami 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, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Biscaya 39th Group, LLC (50%) 1 1 1 11 Biscayne Boulevard, Suite 715 Miami, Florida 331.81 Thomas W. Fawell (70%) Stephanie Herman (30%) 1 1 11 1 Biscayne Boulevard, Suite 715 Miami, Florida 33181 Thirty Ninth Street Investors Group, LLC 111.11 Biscayne Boulevard, Suite 715 Miami, Florida 33181 Deerfield 39th Street Investors, LLC (50%) 5524 Eton Court Boca Raton, Florida 33486 David Hirshfeld (100%) 5524 Eton Court Boca Raton, Florida 33486 Name i 'tA }^ • ta-'Q'-k13`1 "4 'taw cr.,d s 3. Legal description and street address of any real property (a) owned by any party listed in answer to Viestion #2, and (b) located within 500 feet of the subject real property. None Owner or Attorney for Owner Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of ' �g. itt. , 2004, by Patricia I3aloyra, Esq., on behalf of Thirty Ninth Street Investors Group, LLC. She is personally known to e and did not take an oath. ,. - - p -'2; ,,'fc_ Expires: Nov 1.3, 2007 (Stamp) '.',f" Bonded Thru °i*' k- Atlantic Banding Co., Inc. ci PFDesktopl::0DMA1MttODMAIMIAMl;428373; i PROPERTY ADDRESSES AND DESCRIPTIONS Addresses: 3915 Biscayne Boulevard 405 N.E. 39 Street 443 N.E. 39 Street 447 N.E. 39 Street 455 N.E. 39 Street 521 N.E. 39 Street Property Descriptions: PARCEL A: The South 149.88 feet of that part of Lot 13 that lies East of Biscayne Boulevard, the South 149.88 feet of Lot 14, and all of Lots 15, 16, 17, 18, and 19 and the West 20 feet of Lot A, LESS the South 8.00 feet for road purposes, SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida, together with all right, title and interest, daily, in that portion of the 14 foot wide alley lying between said Lot 19 and Lot A and lying North of and contiguous to the Northerly boundary of said Lots 18 and 19, bounded as follows: On the West by the Northerly projection of the West boundary of said Lot 18 and bounded on the South by the Easterly projection of the South boundary of said Lot 19 to its point of intersection with West boundary of Lot A. PARCEL B: The East 75 feet of the West 230 feet of Lot A, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof as recorded in Plat Book 5, Page 25, of the Public Records of Miami -Dade County, Florida. PARCEL C: The East 135 feet of the West 155 feet of Lot "A," MAGNOLIA PARK, Second Amended, according to the Plat thereof, recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida, less easement of the North or rear 10 feet of the East 135 feet of the West 155 feet of Lot "A" MAGNOLIA PARK, a Subdivision according to the second amended Plat thereof on file in the office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida, recorded in Plat Book 5, Page 25, thereof. @PFDesktop\'ODMAfMHODMAIMIAN11;428661;1 SKETCH AND LEGAL DESCRIPTION FOR ALLEY CLOSURE N.E. 39th STREET LEGAL DESCRIPTION: A PORTION OF AN UNNAMED 14 FOOT ALLEY LYING BETWEEN LOT 19 AND LOT A AS SHOWN ON THE PLAT ENTITLED "SECOND AMENDED PLAT OF MAGNOLIA PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 25 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 19 FOR A POINT OF BEGINNING; THENCE RUN NORTH 0'16'27" EAST (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 19 FOR A DISTANCE OF 197.54 FEET; THENCE RUN SOUTH 89'49'36" EAST FOR A DISTANCE OF 14.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT A; THENCE RUN SOUTH O'16'27" WEST ALONG THE WEST LINE OF SAID LOT "A" FOR A DISTANCE OF 197.50 FEET; THENCE RUN DUE WEST FOR A DISTANCE OF 14.00 FEET TO THE POINT BEGINNING. CONTAINING 2765.28 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S CERTIFICATION: (THIS IS NOT A SURVEY) WE HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION FOR ALLEY CLOSURES, IS TRUE AND CORRECT AS PREPARED UNDER OUR DIRECTION AND THIS "SKETCH OF EASEMENT LEGAL DESCRIPTION" COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYS IN THE STATE OF FLORIDA, UNDER CHAPTER 472 OF THE STATE STATUTES, 61 G 17-6.006. jLOT "A" ORDER NO. 13661 A.R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS FLORIDA CERTIFICATE OF AUTHORIZATION No. LB-273 620 N.E. 1 _ 6 ST. 0E-I MINI, FLORIDA 33161 BY: ALBERT R. TOUSSAINT PROFESSIONAL SURVEYOR & MAPPER No. 907 PROFESSIONAL ENGINEER No. 8939 STATE OF FLORIDA SHEET 1 OF 1 PRES. DATE: SEPTEMBER 06, 2005 Return to Hhia Wnant Chicajo Title Insurance Co. 5447 Nellie Davis Lane Tampa, FL 33634 oLlou Zg3 This instrument prepared by, Record and Return to: Beth E. Linzner, Esq. Beth E. Linzner, P.A. 2295 NW Corporate Blvd. #235 Boca Raton, FL 33431 Property Appraiser's Parcel Identification (Folio) Number(s): 01 32 79 011 0010 1 111111 11111 11111 11111 11111 11111 11111 1111 1111 (J:FI4I 200 RCFO i2692 DR P.k. 22962 P35 1564 - 1565► (2vasi RECORDED 01/03/2005 12:53:42 DEED l:0C TO. 1-I.6C SURTAX 0.45 HARVEY RUVIUr CLERK OF COURT MIAMI-GLADE COUNTY! FLORIDA QUIT -CLAIM DEED (Wherever used herein the terms "first party" and "second party" shall include singular and -plural; heirs; legal- representatives; andassigns-of individuals, and -the successors and assigns of corporations, and all pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural wherever the context so admits or requires.) THIS INDENTURE is made this ttay of December, 2004 between Gerald S. Berkell (party of the first part), as Trustee and member of the last Board of Directors of 39th Street Apartments, Inc., whose post office address is 1463 SW 156th Way, Pembroke Pines, Florida 33027 to Thirty Ninth Street Investors Group, LLC, a Delaware limited liability company whose address is 1111 Biscayne Boulevard, Suite 715, Miami, Florida 33181 (party of the second part). WITNESSETH, that the said party of the first part, in consideration of the sum of Ten and 00/100 Dollars ($10.00), in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said party of the second part, their heirs, successors, and assigns forever, all of the right, title, interest, claim and demand which the said party of the first part has i n and to the following, described land, situate, and being in the County of Miami -Dade, State of Florida, to -wit: The East 135 feet of the West 155 feet of Lot "A", MAGNOLIA PARK, Second Amended, according to the Plat thereof, recorded in Plat Book 5 at Page 25 of the Public Records of Dade County, Florida less easement on the North or rear ten feet of the East 135 feet of the West 155 feet of Lot "A", MAGNOLIA PARK, a subdivision according to the second amended plat thereof on file in the office of the Clerk of the Circuit Court in and for Dade County, Florida recorded in Plat Book 5, Page 25 thereof. To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, all the estate, right, title interest, lien, equity and claim whatsoever of the said party of the first part, either in law or in equity, to the only proper use, benefit and behalf of the second party forever. BK 22962 PG 11 ;65 LAST PAGE IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered it the presence of: STATE OF FLORIDA ) COUNTY OF BROWARD) Gerald S_ Berkell, as Trustee I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Gerald S. Berkell who is personally known to me to be the person described in a d who executed the foregoing instrument or who has produced �$Q.V41I %cl11G tl/4 as identification and who swore and acknowledged before me that he ex cuted the same, and who took an oath. WITNESS my hand and official seal in the County a nd State last aforesaid this (/ Vic -of PtC420O4. .� OTARY PUBLIC My Commission Expires.. `,fly: J S. Edward Gillett. • �e07Mt �fi1M{1tV Bondod von Atlantic Bax.xtng CRC 111111111111111111111111111111111111111111111 This Instrument Prepared by and Return to: Paul A. Lester, Esq. FIELDSTONE LESTER SHEAR & DENBERG, LLP 201 Alhambra Circle, Suite 601 Coral Gables, Florida 33134 CFN 2OO4R099864-7 OR 8k 22812 Fas 3328 - 3331; (4pss) RECORDED 11/10/2004 11=37=08 DEED DOC TAX 0,60 Stl:rAX OO.45 HARVEY RUVIHr CLERK OF COURT 11IAClI-DADE COUNTY, FLORIDA Parcel Tax ID. No. 01-3219-011-0010; 01-3219-011-0160; 01-3219-011-0170; 01-3219-011- 0180; 01-3219-011-0190; 01-3219-011-0020; 01-3219-011-0050 SPECIAL WARRANTY DEED (Wherever used herein, the terms "Grantor" or "Grantee" shall include the heirs, personal representatives, successors and/or assigns of the respective parties hereto; the use of the singular number shall include the plural, and the plural the singular; and the use of any gender shall include all genders) THIS SPECIAL WARRANTY DEED, made this 18th day of October, 2004 between NELTNOR HL INVESTORS, LLC, an Illinois limited liability company, ("Grantor"), whose mailing address is 11111 Biscayne Blvd., Suite 715, Miami, Florida 33181, and THIRTY NINTH STREET REVOCABLE STATUTORY TRUST, a Delaware Revocable Statutory Trust ("Grantee"), whose mailing address is 1111 Biscayne Blvd_, Suite 715, Miami, Florida 33181. WITNESSETH That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee, Grantee's heirs, successors, and assigns forever, the following described real property ("Property"), situate, lying and being in Miami -Dade County, Florida: SEE EXHIBIT "A" ATTACHED HERETO. Book222812/Page3328 CFN#20040998647 Page 1 of 4 TOGETHER, with all the tenements, herediments, and appurtenances belonging thereto or in anywise appertaining. TO HAVE AND TO BOLD the Property unto Grantee and Grantee's heirs, successors and assigns in fee simple forever. THERE ARE NO DOCUMENTARY STAMPS OR SURTAX IN CONNECTION WITH THIS CONVEYANCE SINCE IT IS A CONVEYANCE FROM A GRANTOR TO A TRUST OF WHICH THE GRANTOR IS THE SOLE BENEFICIARY. SUBJECT TO taxes for 2004 and thereafier,applicable zoning_ ordinances mid land use._. _.. designations, and any conditions, restiictions, reservations, limitations and easements of record; if any, but this provision shall not operate to reimpose same. AND, Grantor does hereby covenant with Grantee that, except as noted above, title to the property is free from all encumbrances made by Grantor, and Grantor warrants and will defend the Property against the lawful claims of all persons claiming by, under or through Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. Witnessed by: (Aidt AR��E Lthovr Jf}dEr ///Le NELTNOR HL INVESTORS, LLC, an Illinois limited liability coH M • ly By: Name: Thomas A. Fawell Title: Manager (CORPORATE SEAL) Book22812/Page3329 CFN#20040998647 Page 2 of 4 STA I E OF ^.,. _L_.- } } COUNTY p � ) The foregoing instrument was acknowledged before me this day of October, 2004 by Thomas A. Fawell, as Manager of NELTNOR IIL INVESTORS, LLC, an Illinois limited liability company. He is personally known to me or-prx ut 7 ss: oPublic - State of r a Commission No.: ;; "O1iICtALSE" DAWN HAUPT Notary Pubiie. State of tttinois 4e My Commission Expires 11/07106 H31:IBRAMelientslFawcnl -39tb Stdocs\Spotiat Warranty Deed -dot Book22812/Page3330 CFN#20040998647 Page 3 of 4 OR 8F 22812 FG 3331 LAST PAGE EXHIBIT "A" PARCEL A: The South 149.88 feet of that part of Lot 13 that lies East of Biscayne Boulevard, the South 149.88 feet of Lot 14, and all of Lots 15,18,17,18, and 19 and the West 20 feet of Lot A, LESS the South 8.00 feet for road purposes, SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 25, of the Public Records of Mami-Dade County, Florida, together with all right, title and interest, if any, in that portion of the to the Northam boundary ��oE bsaid Lot 19 and etween Lots i 8 and 9 A and lying North of and bounded as follows: On the West by the Northerly projection of the West boundary of said Lot 113 and bounded on the South by the Easterly projection of the South boundary of said Lot 19 to its point of intersection with West boundary of Lot A. PARCEL B: The East 75 feet -of the West 230 feet of Lot A, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof as recorded in Plat Book 5. Page 25, of the Pubic Records of Miami -Dade County, Florida. PARCEL C: The East 135 feet of the West 155 feet of Lot 'A", MAGNOUA PARK, Second Amended, according to the Plat thereof. recorded in Plat Book 5. at Page 25, of the Public Fads of Miami -Dade County, Florida, less easement of the North or rear 10 feet of the F.ast 135 feet of the West 155 feet of Lot "A- MAGNOLIA PARK, a Subdivision according the second amended Plat thereof on filed in the office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida, recorded in Plat Book 5, Page 25, thereof. Book228121Page3331 CFN#20040998647 Page 4 of • 4 SKETCH AND LEGAL DESCRIPTION FOR ALLEY CLOSURE N.E. 39th STREET LEGAL DESCRIPTION: -- A PORTION OF AN UNNAMED 14 FOOT ALLEY LYING BETWEEN LOT 19 AND LOT A AS SHOWN ON THE PLAT ENTITLED "SECOND AMENDED PLAT OF MAGNOLIA PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 25 OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 19 FOR A POINT OF BEGINNING; THENCE RUN NORTH 0' 16'27" EAST (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 19 FOR A DISTANCE OF 197.54 FEET; THENCE RUN SOUTH 89'49'36" EAST FOR A DISTANCE OF 14.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT A; THENCE RUN SOUTH 0'16'27" WEST ALONG THE WEST LINE OF SAID LOT "A" FOR A DISTANCE OF 197.50 FEET; THENCE RUN DUE WEST FOR A DISTANCE OF 14.00 FEET TO THE POINT BEGINNING. CONTAINING 2765.28 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S CERTIFICATION: (THIS IS NOT A SURVEY) WE HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION FOR ALLEY CLOSURE", IS TRUE AND CORRECT AS PREPARED UNDER OUR DIRECTION AND THIS "SKETCH OF EASEMENT LEGAL DESCRIPTION" COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYS IN THE STATE OF FLORIDA, UNDER CHAPTER 472 OF THE STATE STATUTES, 61 G17-6.006. BY: ORDER NO. 13661 A.R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS FLORIDA CERTIFICATE OF AUTHORIZATION No. LB-273 620r1d E.ST NOR 1 MIAMI, FLORIDA 33161 ALBERT R. TOUSSAINT PROFESSIONAL SURVEYOR & MAPPER No. 907 PROFESSIONAL ENGINEER No. 8939 STATE OF FLORIDA SHEET 1 OF 1 PRES. DATE: SEPTEMBER 06, 2005