HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2" 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. 11-23-05
I, A. Vicky Garcia -Toledo, Esq., of A. Vicky Garcia -Toledo, P.A., on behalf of the property
owner, One Plaza Corp., 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:
Two (2) copies of the Tentative Plat: One (1) 24 x 36" and one (1) 8 '/2 x 11" 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: One (1) 24 x 36" and one (1) 8 '/Z x 11", 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. No.
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(es) 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. Attach an Opinion of Title addressing the reversionary rights. Note: An update is required if
more than three (3) months elapse before Zoning Board or City Commission approval.
11. What is the acreage of the project/property site? Entire Tract: 1.248 Portion of SW 18th Road
to be vacated: 0.254 Portion of SW 2nd Avenue to be vacated: 0.034
12. What is the purpose of this application/nature of proposed use? Closure of a portion of SW
18th Road and a portion of SW 2nd Avenue
13. 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.
Rev. 11-23-05 2
14. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3`d Floor for information. No.
15. 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
16. 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.
17, 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:
Name:
Telephone: 305-350-2409
A. Vicky Garcia -Toledo, Esq.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Bilzin Sumberg Baena Price &
Address: Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131
Date: December, 2005
E-mail Address: vgtc bilzin.com
The foregoing was acknowledged before me this 7tn day of December, 2005 , by A. Vicky
Garcia -Toledo, Esq., who is President of A. Vicky Garcia -Toledo, P.A., a corporation, on behalf
of On -•'-_v,_mwF�_� �, She is personally known to me and who did not take an oath.
Signae
CAROL BCNVNEM,4
MY COMMfSSION # DD 1826o
a EXPIRES: February 4, 2007
&Mac Thu Pksfard!nuance Agency.
(Stamp)
Rev. 11-23-05
3
AFFIDAVIT
Before me, the undersigned, this day personally A. Vicky Garcia -Toledo, Esquire„
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
❑ 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.
Applicait Name: A. Vicky Garcia -Toledo, Esquire Appli•ant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 7th day of December, 2005, by A.
Vicky Garcia -Toledo, Esquire, who is President of Vicky Garcia -Toledo, P.A., a
corporation, on behalf of One Plaza Corp. She is ,p'ersona knriwn to me and who did
`
not take an oath.
(St
CAROL BONNEMA
t Y COMMISSION # 00 ; 82609
EXP}AES: Fury 4, 2C07
Signatu
Rev. 11-23-05
4
DISCLOSURE OF OWNERSHIP
1. 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) One Plaza Corp.
Subject Property Address(es) See Exhibit "A" attached hereto
Telephone Number 305-350-2409
E-mail Address vgt@bilzin.com
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
N/A
A. Vicky Garcia -Toledo, P.A.
By: A. Vicky Garcia -Toledo, Esquire
Owner or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAM1-DADE
Legal Description
N/A
Owner or A •rney Signature
The foregoing was acknowledged before me this 7th day of December, 2005 , by A.
Vicky Garcia -Toledo, Esquire, who is President of A. Vicky Garcia -Toledo, P.A., a
corporation, on behalf of One Plaza Corp. She is personally known to me and who did
not take an oath.
CAROL BONNEMA 1
MY 00M,M6SI0N $ 00 182809 1!
EXPIRES: February 4. 2007'
ande97h!u irLz61r33. F.yenoy
(Stamp)
Rev. 11-23-05
5
Folio
01-4139-008-0100
01-4139-008-0110
01-4138-001-4020
01-4139-008-0120
01-4139-010-0010
• 01-4138-001-4210
01-4138-001-4190
01-4139-008-0090
01-4138-001-5570
Exhibit "A"
Address
191 SW 18th Road
1790 SW 1st Avenue
1801 SW 2nd Avenue
1770 SW 1st Avenue
150 SW 18th Road
1800 SW 1 si Avenue
1820 SW l St Avenue
1775 SW 2"d Avenue
1776 SW 2"d Avenue
Legal Description of the Properties
LOT 1S, BLOCK 30, HOLLLEMAN PARK, ACCORDING 1D THE PLAT THEREOF, RECORDED IN PLAT BOOK 8,
PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: LESS AND EXCEPT THE FOLLOWING
DESCRIBED PORTION THEREOF.
BEGIN AT THE INTERSECTION Cr' THE LINE DIVIDING LOTS 17 AND 18 OF SAID BLOCK 30 WITH THE RIGHT
OF WAY LINE OF SW. 1st, AVENUE; THENCE N52"23'23"E MOD FEET; THENCE N23tl'47"W 52,22 FEET TO THE
UNE DIVIDING LOTS 18 AND 14 OF SAID BLXX 30; THENCE N37'35'24"W 107.30 FEET ALONG THE LINE
DIVIDING LOTS 1B AND 19; THENCE S5273'23"W 5G FEET ALONG THE UNE DIVIDING LOTS 3 AND 113 DF SAID
BLOCK 3O; THENCE 53715'24E
150 FEET TO THE POINT OF BEGINNING.
-AND-
THE SOUTHEASTERLY 86 FELT OF LOTS 19 AND 20, BLOCK 30, HOLLEMAN PARK, NOOORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 8, PAGE 2.3, QF THE PUBLIC RECORDS QF MIAU1-DARE COUNTY, FLORIDA;
LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION THEREOF:
BEGIN ON THE UNE DIVIDING LOTS 18 AND 19 Cr SAID BLOCK 30 AT A POINT 417D FEET N37'35'24"W
FROM THE RIGHT DF WAY UNE OF SW. tat. AVENUE; THENCE N37"35'24"W 42.3 1 FEET ALONG THE LINE
DIVIDING SAID LOrS 18 AND 19; THENCE N52-23'23"E 29.7 FEET; THENCE 52 D'47"E 51_S9 FEET TO THE
POINT OF BEGINNING,
ALL OF OF LDT 1, HLDCK 3D, IN HCLLE7 AN PARK SUBDIVISION, ACCORDING 10 THE PLAT THEREOF IN PLAT BOOK 9,
PAGE 23, DF THE FUBLJC RECORDS OF DADE COUNTY, FLORIDA, LESS THAT PORTION CF SAID LOT 1 OCCUPIED
AND USED FOR EXPRESSWAY PURPOSES BY INTERSTATE
HIGHWAY 95,
-TOGETHER 1HTH-
LOT 19, LESS SOUTHEASTERLY 85ft, THEREOF, AND LAT 20, LESS SOUTHEASTERLY 85ft. THEREOF, OF BLOCK 3Q
QF HOLLEM N PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8 AT PAGE 23 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ALSO KNOWN AS:
LAT A, BONYISUTO ESTATES, LESS THE RIGHT-OF-WAY OF 1-95 EXPRESSWAY, ACCORDING TO THE PLAT THEREOF
AS RECORDER) IN PLAT BOOK 71 AT PACE 70 OF THE PUBUG RECORDS OF DADE COUNTY, FLORIDA, ALSO KNOWN
AS:
THAT PART OF LOT , BQNV19JT0 ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71,
AT PAGE 70, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOW"a BEGIN AT A POINT
AT THE EASTERNMOST CORNER OF THE 19DIVIDED TRACT, THEN NORTHWEST ALONG THE 80UNDARY
UNE CF SAID TRACT, A DISTANCE OF 65,00 FEET, THENCE SOUTHWEST 2443 FEET TO EXPRESSWAY RIGHT -
Or -WAY, THENCE SOUTH ALONG THE EXPRESS WAY RIGHT-OF-WAY BOUNDARY UNE 97,D2 FEET TO THE
SOUTHEAST BC+JNDARY LINE OF SAID TRACT, THENCE NORTHEAST ALONG SAID BOUNDARY LINE 713,00 FEET TO
THE POINT OF BEGINNING,
MIAMI 957880.1 7656725047
-TOGETHER WTH-
LOT 9, 11 AND 12, OF THE PLAT OF BLOCK 42, SOUTH Mk4MI, ACODRDING TO THE PLAT THEREOF, RECORDED
IN PLAT DOOK 1 AT PAGE 57, OF THE PUBLIC RECORDS OF MIAMI, DADE COUNTY, FLORIDA.
-AND-
LOT 10 OF PLAT OF BLOCK 42, SOUTH MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1,
AT PAGE 57, OF THE PUBLJC RECORS Of DADE COUNTY. FLORIDA, LESS THE FOLLOWING DESCRIBED PART OF
LOT 10: BEGIN ON THE 0ORN6R OF SAID LOT 10 AT THE INTERSECTION OF SOUTHWEST SECOND AVENUE WTH
SOUTTIWEST 18th ROAD. -THENCE N5020.52"E .3a FEET ALONG SAID SOUTHAEST SECOND AVENUE, THENCE
SD2'47'OR.E 52.58 FEET TO THE SOUTHWEST 15th ROAD, THENCE N3735.2elk 43.15 FEET ALONG SAID
SOUTHWEST 18th ROAD TIP PONT OF BEGINNING.
-T0G-Ell-1ER WITH-
4 PORTION OF SECTION 39 'POLLY LEWIS DONATION' TOWNSHIP 54 SOUTH, RAN:GE 41 EAST, CITY OF MIAMI,
MIAM1-DADE COUNTY., FLORIDA., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST EASTERLY CORNER OF LOT 9, BLOCK 28 OF "HOLLEMAN PARK" ACCORDING TO THE
PLAT THERE0f. AS RECORDED IN PLAT .90C 8 AT PAGE 23 OF THE PUBLIC RECORDS OF MIAMI, OAX COUNTY
FLORIDA, THENCE S3734'401 ALONG ii-tE SOUTHEASTERLY PROJECTION OF SAID LOT g FOR 117.58 FEET, TO THE
POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; ThEHGE CONTINUE S37.34.40E ALONG
THE SWTHEASTERLY PROJECTION OF SAID LOT 9 FOR 32,42 FEET; THENCE S502032"W ALONG THE
NORTHWESTERLY mGHT OF WAY LINE OF SW. 2nd AVENUE AS SHOWN ON SAID PLAT OF HOLLEMAN PAR X FOR
27.46 FEET THENCE NO2'16'15'E ALONG THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE # 95 AS SHOWN ON
THE FLORIDA DEPARTMENT OF TRA.NSPORTATM RGHT GE WAY MAP, SECTION No. 87270-2424 & 24-05 LAST
REVISED MARCH 1964, FOR 42.38 FEET TO THE POINT OF BEGINNING
-TOGETHER ViITH-
THAT PC.“ION OF SW. .8111, ROAD LYING NORTHWESTERLY OF THE NW RGHT OF WAY LINE OF SW. 1E1 AVENUE AS
SHOWN. ON THE PLAT OF HOLLEMAN PARx ACCORDING TO THE PLAT THEREOF 45 RECORDED IN PLAT HOOK
PAGE 23 OF THE PJBLIC RECORDS OF MIAMI DADE COUNTY FLORIDA; AND LYING EASTERLY Of THE EAST RIGHT
OF WAY LINE OF INTERSTATE # 95 AS SHOWN ON THE FLORIDA DEPARTMENT DE TRANSPORIAT1ON RICAT OF WAY
MAP, SECTION N. 8727C-2424 & 2405 LAST REVISED MARCH 1964.
-AND-
THAT PORTION OF SW, 2nd AVENUE LYING SOUTHWESTERLY OF THE NORTHWESTERLY PRO,ECTON OF A LINE
LYING 14.00 FEET SOUTHWESTERLY OF THE .NORTHEASTERLY LINE OF LOT 9, BLOCK 42 AS SHOWN ON THE
PLAT OF BLOCK 42 SOUTH MIAMI ACCORDING TO THE PLAT THEREOF AS .RECORDED IN PLAT BOOK 1, PAGE 5•7
OF THE PUBLIC RECWDS OF MIAMI DADE COUNTY FLORIDA; AND LYING EASTERLY OF THE EAST RGHT OF AKy
LINE Cf INTERSTATE #95 AS SHOWN ON THE FLORIDA DEPARTMENT TRANSPORTATION RIGHT OF WAY MAP,
SECTION No, 87270-24..24 & 2405 LAST REV9SE0 MARCH 19E4.
MIAMI 957880,1 7656725047
LOCATION MAP
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NOTES:
1. THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY.
2. THE LANDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED BY THIS FIRM REGARDING
MAI IERS OF INTEREST BY OTHER PARTIES, SUCH AS EASEMENTS, RIGHT OF WAY,
RESERVATIONS, ETC.
3. BEARINGS SHOWN ARE TO AN ASSUMED MERIDIAN. A BEARING OF N52'20'52"E HAS
BEEN ASSIGNED TO CITY MONUMENT LINE OF SW 2ND. AVE.
4. SEE SHEETS 2 AND 3 FOR SKETCH OF SURVEY AND SHEET 4 FOR LEGAL DESCRIPTION
19th ROAD
1 1 1 1 1 1 1 1 1 1
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SW 18 h ROAD
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REVISION
LOCATION SKETCH
A PORTION OF SECTION 39, T❑NWSHIP 54 SOUTH, RANGE 41 EAST,
MIAMI-DADE COUNTY, FLORIDA.
SCALE: 1'= 300'
AUTHENTIC COPIES OF THIS
SURVEY SHALL BEAR THE
RAISED SEAL OF THE
ATTESTING REGISTERED
LAND SURVEYOR
PENT
RE
STATE OF
LEGEND
PB. - PLAT BOOK
PG. - PAGE
POB_ - POINT OF BEGINNING
POC. - POINT OF COMMENCEMENT
R/W - RIGHT OF WAY
TWP. - TOWNSH[P
RGE. - RANGE
'ND SURVEYDRS,ING,
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LURIPA
4277
DATE; 12-6—O5
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SURVEYORS — PLANNERS
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DATE; 12-6-05
SCALE: 1" = 2
JLB ORDER: 054115
CAD FILE; ONE PLAZA
F.B. SEE FILE
FILE NEI. A-1149
SHEET 2 OF 4
PENINSULA LAND SURVEYORS, INC,
LB # 6454
LAND DEVELOPMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
13113 NW 42ND AVENUE, 2ND FLOOR
MIAMI FLORIDA .33.054..
PHONE (305) 687-9191 FAX (305) 687-9190 E-MAIL PEN
NSU
ALSCCS.COM
SKETCH ❑F SURVEY
DATE: 12-6-05
SCALE: 1' = 40'
JEB ❑RDER: 054115
CAD FILE: ❑NE PLAZA
F,B. SEE FILE
FILE NO. A-1149
SHEET 3 ❑F 4
PENINSULA LAND SURVEYORS, INC,
LB # 6454
LAND DEVEL❑PMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
13113 NW 42ND AVENUE, 2ND FLOUR
MIAMI, FLORIDA 33054
PHONE (305) 687-9191 FAX (305) 687-9190 E-MAIL PENINSULALS@CS.COM
r.
LEGAL DESCRIPTION
THAT PORTION OF SW. 18th ROAD LYING NORTHWESTERLY OF THE NW RIGHT OF WAY LINE OF SW. 1st AVENUE AS
SHOWN ON THE PLAT OF HOLLEMAN PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 8001t 8
PAGE 23 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY FLORIDA; AND LYING EASTERLY OF THE EAST RIGHT
OF WAY LINE OF INTERSTATE # 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
MAP, SECTION No, 87270-2424 & 2405 LAST REVISED MARCH 1964.
CONTAINING 11,060 SQUARE FEET OR 0.254 ACRES +\—
THAT PORTION OF SW. 2nd AVENUE LYING SOUTHWESTERLY OF THE NORTHWESTERLY PROJECTION OF A LINE
LYING 14.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOT 9, BLOCK 42 AS SHOWN ON THE
PLAT OF BLOCK 42 SOUTH MIAMI ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 87
OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY FLORIDA; AND LYING EASTERLY OF THE EAST RIGHT OF WAY
LINE OF INTERSTATE # 95 AS SHOWN ON THE FLORIDA DEPARTMENT TRANSPORTATION RIGHT OF WAY MAP,
SECTION No. 87270-2424 & 2405 LAST REVISED MARCH 1964.
CONTAINING 1,462 SQUARE FEET OR 0.034 ACRES +\—
ALL LYING AND BEING IN A PORTION OF SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, POLLY LEWIS
DONATION, CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA.
DATE: 12-6-05
SCALE: 1" = 20'
JOB ORDER: 054115
CAD FILE: ONE PLAZA
F.B. SEE FILE
FILE NO, A-1149
SHEET 4 fF 4
PENINSULA LAND SURVEYORS, INC,
LB # 6454
LAND DEVELOPMENT CONSULTANTS
SURVEYORS - PLANNERS
CONSTRUCTION LAYOUT
13113 NW 42ND AVENUE, 2ND FLOOR
MIAMI, FLORIDA 33054
PHONE (305) 687-9191 FAX (305) 687-9190 E-MAIL PENINSULALSC CS:COM
Opinion of Title
To: CITY OF MIAMI, a municipal corporation
Re: Closing a public right-of-way and tentative plat
With the understanding that this Opinion of Title is furnished to MIAMI, FLORIDA in
compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a
proposed tentative plat covering the real property hereinafter described, it is hereby certified that
we have examined that certain Chicago Title Insurance Policy Number 7210609-85242, covering
the period from the beginning to May 27, 2005 at 11:36 a.m., and those certain certified
Automated Title Infoliiiation Data System print-outs obtained from Attorneys' Title Insurance
Fund, Inc. ("ATIDS Print-outs") covering the period from May 27, 2005 at 11:36 a.m to
November 15, 2005 at 11:00 p.m, inclusive (collectively the "Title Evidence"), of the following
described real property:
See Exhibit "A", attached hereto and incorporated herein by this reference.
Basing our opinion on such Title Evidence covering said period, we are of the opinion
that on the last mentioned date the fee simple title to the above described real property was
vested in:
One Plaza Corp., a Florida corporation
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
I Rights or claims of parties in possession not shown by the public records.
2. Encroachment, overlaps, boundary line disputes, and any other matters which
would be disclosed by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Taxes or special assessments which are not shown as existing liens by the public
records.
1
MIADOCS 867231 3
6. Any claim that any portion of said lands are sovereignty lands of the State of
Florida, including submerged, filled or artificially exposed lands and lands
accreted to such lands.
SPECIAL EXCEPTIONS:
7. Mortgage, Assignment of Rents and Security Agreement executed by One Plaza
Corp., a Florida corporation, in favor of Quarteira International Corp., a
Panamanian corporation, dated May 26, 2005, recorded June 24, 2005, in Official
Records Book 23513, Page 141, of the Public Records of Miami -Dade County,
Florida.
8. Taxes and assessments for the year 2005 and subsequent years, which are not yet
due and payable.
9. Matters shown on the plat of BLOCK 42, SOUTH MIAMI, a subdivision
recorded in Plat Book 1, Page 87, Public Records of Miami -Dade County,
Florida.
10. Matters shown on the plat of HOLLEMAN PARK, a subdivision recorded in Plat
Book 8, Page 23, Public Records of Miami -Dade County, Florida.
11. Matters shown on the plat of BONVISUTO ESTATES, a subdivision recorded in
Plat Book 71, Page 70, Public Records of Miami -Dade County, Florida.
12. Covenant to Run With The Land recorded October 13, 1994 in Official Records
Book 16545, Page 1102, of the Public Records of Miami -Dade County, Florida.
13. Matters appearing on Survey prepared by Peninsula Land Surveyors, Inc. under
Job Order No. 002637, and last revised on June 3, 2005.
14. Notice of Commencement recorded on July 25, 2005 in Official Records Book
23605, at Page 2846, of the Public Records of Miami -Dade County, Florida.
15. Notice of Commencement recorded on July 25, 2005 in Official Records Book
23605, at Page 2849, of the Public Records of Miami -Dade County, Florida.
16. Notice of Commencement recorded on July 25, 2005 in Official Records Book
23605, at Page 2850 of the Public Records of Miami -Dade County, Florida
All recording references herein are as to the Public Records of Miami -Dade County,
Florida.
FACTS
It is our understanding that the One Plaza Corp. is replatting the Property and such
replatted Property will be known as "One Plaza". In addition, we have been advised that an
Application for an Official Vacation and Closure of a Public Right -of -Way has been filed by the
MIADOCS 867231 3
2
Owner with the Hearing Board's Office of the City of Miami with respect to a portion of SW
18th Road containing approximately 0.254 acres and a portion of SW 2" Terrace containing
approximately 0.034 acres (collectively the "Proposed Vacated Property"). The portion of the
Proposed Vacated Property which is currently a portion of SW 18th Road is surrounded by
Parcels 1 and 2 on the northeast side and Parcels 5, 6, & 7 on the southeast side (all of which
Parcels are owned by One Plaza Corp.). The portion of the Proposed Vacated Property which is
currently a portion of SW 2" Avenue is surrounded by Parcels 5, 8 on the east side and by Parcel
9 on the west side (all of which Parcels are owned by One Plaza Corp.). 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 Proposed Vacated Property as shown on the tentative
plat upon being vacated as a result of such Application for Closure and Vacation of Public Right -
of -Way and replotting of the Property (the "Proposed Closed Rights of Way").
DISCUSSION
II. The legal description of the Proposed Vacated Property consists of the property described
below:
THAT PORTION OF SW 18th ROAD LYING NORTHWESTERLY OF THE
NW RIGHT OF WAY LINE OF SW lst AVENUE AS SHOWN ON THE PLAT
OF HOLLEMAN PARK ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8 PAGE 23 OF THE PUBLIC RECORDS OF
MIAMI DADE COUNTY FLORIDA; AND LYING EASTERLY OF THE
EAST RIGHT OF WAY LINE OF INTERSTATE ## 95 AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP,
SECTION No. 87270-2424 & 2405 LAST REVISED MARCH 1964.
-AND-
THAT PORTION OF SW 2nd AVENUE LYING SOUTHWESTERLY OF THE
NORTHWESTERLY PROJECTION OF A LINE LYING 14.00 FEET
SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOT 9, BLOCK
42 AS SHOWN ON THE PLAT OF BLOCK 42 SOUTH MIAMI ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 87 OF
THE PUBLIC RECORDS OF MIAMI DADE COUNTY FLORIDA; AND
LYING EASTERLY OF THE EAST RIGHT OF WAY LINE OF INTERSTATE
## 95 AS SHOWN ON THE FLORIDA DEPARTMENT TRANSPORTATION
RIGHT OF WAY MAP, SECTION No. 87270-2424 & 2405 LAST REVISED
MARCH 1964.
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 strips on the map or plat, and the
dedication contains a provision that the reversionary interest in the street,
MIADOCS 867231 3
-3-
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 centerline or other
appropriate boundary, unless the owner clearly provides otherwise in the
conveyance."
OPINION
Based on the presumption that proper and appropriate steps will be taken to close the
Proposed Closed Rights of Way as above described and that the public is the current fee owner
of the Proposed Closed Rights of Way, it is our opinion that by virtue of the conditions set forth
in the One Plaza Tentative Plat, the Statute quoted above and the Title Evidence, the Proposed
Closed Rights of Way will become the property of the abutting land owners to the centerline on
each side or other appropriate boundary. Based on the presumptions set forth above, the
Ownership by virtue of the closing of the aforedescribed Proposed Closed Rights of Way
running through the respective land should vest title to the said Proposed Closed Rights of Way
in the remaining abutting land owners on both sides, and therefore, title to the Proposed Closed
Rights of Way should be vested solely in One Plaza Corp.
Therefore, subject to the terns, conditions and qualifications set forth in this opinion, it is
our opinion that the following parties must join in the platting of the above described real
property in order to grant the CITY OF MIAMI, FLORIDA, and the public, a good and proper
title to the dedicated areas shown on the tentative plat of the aforedescribed property, the
subdivision thereof to be known as ONE PLAZA.
4
MIADOCS 867231 3
Name Interest Special
Exception
Number
One Plaza Corp. Fee Simple
Quarteira International Corp.
Mortgagee 7
I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice
in the State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this 16th day of February, 2006.
SHIJLFTS & ROWEL LLP
Name: Rabert
201 South Biscayne
Suite 1500
.Miami, Florida 33131
-5
MIADOCS 867231 3
EXHIBIT "A"
Parcel 1:
Lot 10, of Plat of Block 42, of SOUTH MIAMI, according to the Plat thereof, recorded in Plat
Book 1, Page 87, of the Public Records of Miami -Dade County, Florida, Less the following
described part of Lot 10:
Begin on the corner of said Lot 10 at the intersection of Southwest Second Avenue with
Southwest 18th Road, thence North 50 degrees 20' 52" East 30 feet along said Southwest Second
Avenue, thence South 02 degrees 47' 09" East 52.56 feet to the Southwest 18th Road, thence
North 37 degrees 35' 24" West 43.13 feet along said Southwest 18th Road to the point of
beginning;
Parcel 2:
Lot 11, Block 42, SOUTH MIAMI, according to the plat thereof, as recorded in Plat Book 1,
Page 87, of the Public Records of Miami -Dade County, Florida.
Parcel 3:
All of Lot 1, Block 30, in Holleman Park Subdivision, according to the Plat thereof in Plat Book
8, Page 23, of the Public Records of Miami -Dade County, Florida, less that portion of said Lot 1
occupied and used for expressway purposes by Interstate 95.
Parcel 4:
Lot 12, in Block 42, of SOUTH MIAMI, according to the Plat thereof, as recorded in Plat Book
1, Page 87, of the Public Records of Miami -Dade County, Florida.
Parcel 5:
Lot A, BONVISUTO ESTATES, less the right-of-way of I-95 Expressway, according to the Plat
thereof, as recorded in Plat Book 71, Page 70 of the Public Records of Miami -Dade County,
Florida, also known as:
That part of Lot A, Bonvisuto Estates, according to the Plat thereof, as recorded in Plat Book 71,
at Page 70, of the Public Records of Miami -Dade County, Florida, described as follows: Begin
at a Point at the Easternmost Corner of the Subdivided Tract, then Northwest along the boundary
line of said Tract, a distance of 65.0 feet, thence Southwest 24.63 feet to expressway right-of-
way, thence South along the expressway right-of-way boundary line 87.02 feet to the Southeast
boundary line of said tract, thence Northeast along said boundary line 70.0 feet to the Point of
Beginning.
6
M/ADOCS 867231 3
Parcel 6:
Lot 18, Block 30, HOLLEMAN PARK, according to the Plat thereof, recorded in Plat Book 8,
Page 23, of the Public Records of Miami -Dade County, Florida, LESS AND EXCEPT the
following described portion thereof:
Begin at the intersection of the line dividing Lots 17 and 18 of said Block 30 with the right of
way line of SW 1st Avenue; thence North 52 degrees 23' 23" East 20.00 feet; thence North 02
degrees 30' 47" West 52.22 feet to the line dividing Lots 18 and 19 of said Block 30; thence
North 37 degrees 35' 24" West 107.30 feet along the line dividing Lots 18 and 19; thence South
52 degrees 23' 23" West 50 feet along the line dividing Lots 3 and 18 of said Block 30; thence
South 37 degrees 35' 24" East 150 feet to the point of beginning.
Parcel 7:
The Southeasterly 85 feet of Lots 19 and 20, Block 30, HOLLEMAN PARK, according to the
Plat thereof, recorded in Plat Book 8, Page 23, of the Public Records of Miami -Dade County,
Florida, LESS AND EXCEPT the following described portion thereof:
Begin on the line dividing lots 18 and 19 of said Block 30 at a point 42.70 feet North 37 degrees
35' 24" West from the right of way line of SW lst Avenue; thence North 37 degrees 35' 24" West
42.30 feet along the line dividing said Lots 18 and 19; thence North 52 degrees 23' 23" East 29.7
feet; thence South 02 degrees 30' 47" East 51.69 feet to the point of beginning.
Parcel 8:
Lot 9, Block 42, of SOUTH CITY OF MIAM1, FLORIDA, according to the Plat thereof as
recorded in Plat Book 1, Page 87, of the Public Records of Miami -Dade County, Florida.
Parcel 9:
A portion of lot 12, Block 28, of HOLLEMAN PARK, according to the Plat thereof, as recorded
in Plat Book 8, Page 23, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows: Beginning at the Northeasterly line of said Lot 12 and 117.58
feet Southeasterly of the Easterly corner of Lot 9 of said Block 28; thence run Southerly for
42.38 feet to the point on the Southerly line of said Lot 12, Block 28; thence run Northeasterly
along said Southerly line of said Lot 12 for 27.46 feet; thence run Northwesterly along the
Easterly line of said Lot 12, Block 28 for 32.42 feet to the point of beginning.
-7
MIAI)OCS 867231 3
FRO :BISCAYNE & 18 PLAZA CORP
FAX NO. : Ac. 02 2005 10:11AM P8
III 11111111111 11111111 IJIUU 1111111111
C.:F7phr.1 2005RA,) 46735 3
OR Bk 2341g P9S 2E46 •- 2E50. '5
RECORDED 05/27/2005 11:36;26
DEED DOC TAX 27000.00
SURTAX 20:2S0.00
kARVEY RUVIt1R CLERK OF COURT
rilANI-DADE C0UfTYp FLORIDA
This Instrument Prepared by:
John 14. Patterson
44 West Flagler Street, Suite 2000
Miami, Plarida 33130.6818
Folio Nos. 01-4139-008-0100; 01-413 8-0110; 01-4138-001-4020; 01-4139-008-0120;
01-4139-010-0010; 01-4138-001-4210; 01-4138.001-4190; 01-4139-008-0090; 01-4138-001-5570
DEED
THIS INDENTURE, made ' - , y of May 2005, between Argentinian Construction
Group L.L.C., f/k/a Argentinian Developer Group, L.L.C. ithe "Grantor"), a Florida limited liability
company, the post office address of which is 121 S.E. 1 Street, Miami, Florida 33131, and One
Plaza Corp. (the "Grantee), a Florida corporation, the post office address of which is 615 N.E. 2e1
Street, Suite 101, Miami, FL 33137, Attention: Jose Luis Ferreza de Melo.
WWITNES SETH:
That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), to
Grantor in hand paid. by Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to Grantee, its successors and assigns forever, the lands, situated in Miami -Dade
County, Florida, described in Exhibit A ached hereto and incorporated herein by reference.
Subject to taxes for 2005 and subsequent years and condition; restrictions, limitations, and
easements of record, if any.
And Grantor does hereby frilly warrant the title to said lands, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor, Argentinian Construction Group L.L.C, has caused
this warranty deed to be executed by its undersigned sole member The day and year first above
FROM :BISCAYNE & 18 PLAZA CORP
FAX NO. : Dec. 02 2005 10:12AM P9
vase
written.
Signed, sealed and delivered
in the resence of
Signature
L .tft4k-AP9A-(.
1Y' �. Name
P ' t Witness Name
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI DADE )
Tinian Coition Group L.L.C.,
f%1dd " aa'ts' r e #y pup, L.L.C.
By:
Carl
ember
OThe foregoing instrument vas acknowledged before me, the undersigned notary public, this
day ofMay, 2005 by Carlos Juan Molinari, sole member ofArgentinian Construction Group
L.L.C., Edda Argentinian Developer Group, L.L.G., a Florida limited liability company, on behalf of
the company, who personally appeared before me at the time of acknowledging and nota tization,
who is personally known to me, or who produced and exhibited to me evidence that he is the person
who is deseri`bed in and who executed the foregoing instrument and who did not take an oath.
' ?i Arfis�p
Si i lit Notary Public
92)
14 D
•
< r Name of Notary Public
Notary Public, State of Florida
MANIA (017.4EZ
EXPalek Fabtwy14. ZOO
711,110AohlibUodmodiss
commission No: {j. * 51
My Commission Expires: .2/ l
Personally Known Il
Or Produced Identification
Type of identification Produced
t 1 s6wOs-aos‘war.t a.I1
2
FROM :BISCAYNE a 18 PLAZA CORP
FAX NO. : Dec. 02 2805 10:12AM P10
Exhibit A
Parcel 1
Lot 10, of Plat of Block 42, of SOUTH MTAMI, according to the Plat thereof,
recorded in Plat Book 1, at Page 87, of the Public Records of Dade County,
Florida, Less the following described part of Lot 10:
Begin on the corner of said Lot 10 at the intersection of Southwest Second
Avenue with Southwest 18t Road, thence north 500 20' 52" East 30 feet along
said Southwest Second Avenue, thence South 2. 47' 09" East 52.56 feet to the
Southwest 18th Road, thence North 37- 35' 24" West 43.13 feet along said
Southwest 18a" Road to point of beginning, Folio No. 01-4139-008w0100.
Parcel 2.
Lot 11, Block 42, SOUTH MIIAMI, according to the plat thereof, as recorded in
Plat Book 1, Page 87, of the Public Records of Dade County, Florida; Folio No.
01-4139-008-0110
Parcel
All of Lot 1, Block 30, in Holleman Park Subdivision, according to the Plat
thereof in Plat Book 8, page 23, of the Public Records of Dade County, Florida,
less that portion of said Lot 1 occupied and used for expressway purposes by
Interstate 95; Folio No. 01-4138-001-4020,
Parcel 4
Lot 12, in Block 42, of SOUTH MIAhII, according to the Plat thereof, as
recorded in Plat Book 1, at Page 87 of the Public Records of Dade County,
Florida; Folio No. 01-4139-008-0120.
Parcel
Lot A. BONVISUTO ESTATES, less the right-of-way of L95 Expressway,
according to the Plat thereof, as recorded in Plat Book 71 at Page 70 of the Public
Records of Dade County, Florida, also known as, that port of Lot A, Bonvisuto
Estates, according to the Plat thereof, as recorded in Plat Book 71, at Page 70, of
the Public Records of Dade County, Florida, described as follows: Begin at a
Point at the Easternmost Corner of the Subdivided Tract, then Northwest along
the boundary line of said Tract, a distance of 65.0 feet, thence Southwest 24.63
feet to expressway right-of-way, thence South along the expressway right-of-way
boundary line 87,02 feet to the Southeast boxalndary line of said tract, thence
Northeast along said boundary line 70.0 feet to the Point of Beginning; Folio No,
01-4139-010-0010.
FROM :BISCAYNE & 18 PLAZA CORP FAX NO. : 82 2005 10:12AM P11
.
Parcel 6
Lot 18, Block 30, HOLLEMAN PARK, according to the Plat thereof,
recorded in Plat Book 8, page 23, of the Public Records of Miami -Dade
County, Florida, LESS AND EXCEPT the following described portion
thereof:
Begin at the intersection of the line dividing Lots 17 and 18 of said Block
30 with the right of way line of SW 1s` Avenue; thence North 52°23'23"
East 20.00 feet; thence North 2" 30'47" West 52.22 feet to the line
dividing Lots 18 and 19 of said Block 30; thence North 37°35'24" West
107.30 feet along the line dividing Lots 18 and 19; thence South
52°23'23" West 50 feet along the line dividing Lots 3 and 18 of said
Block 30; thence South 37'35'24" Last 150 feet to the point of beginning.
Folio No, 01-4138-001-4190.
Parcel 7
The Southeasterly 85 feet of Lots 19 and 20, Block 30, HOLLEMAN
PARK, according to the Plat thereof, recorded in Plat Book 8, page 23, of
the Public Records of Miami -Dade County, Florida, LESS AND EXCEPT
the following described portion thereof
Begin on the line dividing Lots 18 and 19 of said Block 30 at a point 42.70
feet North 37'35'24" West from the right of way line of SW lzt Avenue;
thence North 37°35'24" West 4230 feet along the line dividing said Lots
18 and 19; thence North 52'23'23" East 29.7 feet; thence South 2°30'47"
East 51.69 feet to the point of beginning. Folio No. 01-4138-001-4210.
Pail 8
Lot 9, Block 42, of SOS CITY OF MIAML FLORIDA, according to
the Plat thereof as recorded in Plat Book 1, page 87, of the Public Records
of Miami -Dade County, Florida. Folio No. 02-4139-008-0090; and
FROM :BISCAYNE & 18 PLAZA CORP
FAX NO. De. 02 2005 10:13AM P12
Parma 9
273418 PEG 6 5
" T PAGE
,A portion of Lot 12, Block 28, of HOLLEMAN PARK, according to the
Plat thereof as recoil in Plat book 8, page 23, of the Public records of
Miami -Dade County, Florida being more particularly described as
follows: Beginning at the Northeasterly line of said Lot 12 and 117.58 feet
Southeasterly of the Easterly corner of Lot 9 of said Block 28; thence run
Southerly for 42.38 feet to the point on the Southerly line of said Lot 12,
Block 28; thence run Northeasterly along said Southerly line of said Lot
12 for 27.46 feet; thence run Northwesterly along the Easterly line of said
Lot 12, Block 28 for 32.42 feet to the point of beginning. Folio No, 01-
4138-001-5570,
3