The URL can be used to link to this page

Home My WebLink AboutBuilding InquiryENTER -CONTINUE PF1-RETURN PF2-DIM PF8-MENU PF9'-R/C MENU RF10-FINISH ALL EXTRA FEATURE INFORMATION HAS BEEN DISPLAYED *** * * BUILDING INQUIRY * * * * PROP ADDR 3686 LOQUAT AVE NO 167 CALCULATED FOLIO VALH SITED BY FOLIO SITE VALUE SINGLE FAMILY INSP 06 2003 M/R BLDG SITE VALUE BLDG VALUE 01 X-FEATURES V LUE 2 A/C C YR BLT 1910 1 EFF AGE ,1940 1 1BR 1 2BDR 1 3BDR 1 EFF/APT' 1 RM/0FC STORES TOTAL ADJUSTED SQUARE EET BASE RATE 65.00 TOTAL RATE 65.00 BATH ADJ REPL COST PC COMP 100 FUN ECO PHY MKT 75 PC GD 75 ADJUST TOTAL DEPR VALUE 48506 0 ITEMS 1.00 TOTAL RATE KEY \kLUE ENTER -NEXT BLDG/RATE PF2-DIM PF3-XFEA PF8-MENU PF9-R/C MENU P 10-FINISH FOLIO 01 TYPE MISC LAST CHGE XF CLUC LOT SIZE BLDG EXTERIOR 31 ELECTRIC 5 PLUMBING 11 INTERIOR 30 FL.FINISH 9 ROOF TYPE 8 PTS8GD * * 4121 013 0735 DATE 06162003 ATE 06162003 0001 SLUC 0100 RESIDENTIAL 4650.00 SQ FT RATE KEY ROOF MAT. DECKING FOUNDATN STR FR MISC GRADE 100 PERMIT 0000000000 01 BLDG I CONST CD 6 I RATE CD I ADJUST CD 1 FLOORS I LIV UNITS I BEDROOMS I BATHS I 1/2 BATHS DC172008 *** UNACCEPTABLE RESPONSE. PLEASE TRY AGAIN *** * * * * BUILDING INQUIRY * * * * (DIMENSION LINES) * * FOLIO: 01 4121 013 0735 BLDG: 01 RATE KEY: 01 TOTAL ADJ DIM 3 DIM 4 DIM 6 LN 01 02 03 04 05 06 07 DIM 1 3.3000.X 14.5000 X 9.9000 X 10.3000 X 16.3000 X 3.7000 X 14.2000 X DIM 2 13.5000 17.2000 20.2000 23.2000 16.0000 X 0.3330 4.4000 10.2000 08 3.0000 X 14.5000 X 0.3330 ENTER -CONTINUE PF1-RE RN PFf,:1-XFFA PF8-MENU PF9-41r MEN] Pth 0- INISH *** _ 'SION IATION HAS BEEN DISPLAYED *** * * * BUILDING EXTRA FEATURES * * * .PTXM0590 FOLIO: 01 4121 013 073E BLDG: 01 EXTRA FEATURE VALUE; 907 LN PRICE EXT-FT DESC YR EFF PERMIT ITEM ADJUSTMENT PC VALUE NO CODE a NO. UNITS BLT AGE FN EC PH GD 01 034 CL FEN 4-5 FT ,1Z50 1950 1.00 78 6.00 43.00 02 062 W000 FFNZE 1950 1950 1.00 66 10.00 107.00 PTXM0580 60551 48506 907 • 995 64675 16169 48506 5___ GL = Gh411n I n►t- Fence. bV(it- W 00bv:, (- In ) ISO PTXM0585 995 TOTAL -45 249 200 239 87 16 145 14 201 706 • ,/%� %tr ' who after bein duI swwom sia as yak:lows: ore me, the undersigned authority; personally appearecE � g Y . • . J.i r 'l:.'F` ".:�:Ecf ¢>:'_!: ^' t4.� : ::' siNei.tnel-efp rI1-1P 4.'9 i``s :::'.. Afrant resdes at..� . � . .. and has h ..� Afflast iis:.a ne g} bor; of: the'property. locates at:3685: Loiivat'Avenue,. Coconut Crove; Ronda and has. had•od nh tb.. obser e tmprove-nerits located at such property since r t1� 14 r� Affiant has persona! knos ledge.f�tat a carport located in thesame icicai}on where t e carport that curren ' exisis at 3685 Loyuat Avenue;: Mtan i,.Flarid•a has beeri iocat d a nhnuc isfy ,n Fiat sari�e iortion nce on ar beforeMarch �4, 933 ::. FU THER _AFFIANT SAYETI i't�AUGHT: !.STATE QF. FLORIDA_: ! COUNTY OFDADE ............. The foregoing Instrument was sworn to, subscribed and acknowic-dged before me this: ..=of August :2Di1, by personally known to me•or who has produces# a Florida D ivei's Li hse os:. . idenr�ru.aiju on:ann.whodidaake:airoath: - T.:. •:";';:...:,`-''.:.`::.: i � � City of Miami ' May 02, 201 I CR: BB2011009140 PASCAL NICOLLE &W ELISA: PASCAL NICOLLE &W ELISA 3645 PALMETTO AVE 3645 PALMETTO AVE MIAMI FL 331336220 MIAMI FL 331336220 Location of Violation: 3686 LOQUAT AV Folio: 0141210130735 TICKET WARNING LETTER Subject Property: 3686 LOQUAT AV Folio: 0141210130735 Dear PASCAL NICOLLE &W ELISA You are notified that an inspection of the above property discloses that you are in violation of the following including Zoning Ordinance of the City of Miami, Florida (Ordinance 11000, as amended): VIOL REF# 7602-Working without a permit, building, roofing, mechanical, electrical, or plumbing. SECTION 104 F.B.C. & CHAPTER 8-10 OF THE CODE OF MIAMI-DADE COUNTY Correction: STOP ALL WORK IMMEDIA 1'hLY. PREPARE PLANS & OBTAIN ALL REQUIRED PERMITS. THIS MATl'bR SHOULD BE ADDRESSED PROMPTLY. FAILURE TO COMPLY WITH THIS REQUEST WILL RESULT IN A TICKET, ADDITIONAL VIOLATIONS & PENALTIES, & THE POSSIBILITY OF POWER DISCONNECTION. You are directed to correct said violation(s) by June 13, 2011 and to notify the inspector that the violation(s) has been corrected_ FAILURE TO CORRECT VIOLATION(S) WILL RESULT IN THE ISSUANCE OF A TICKET WHICH CAN PROVIDE A MONETARY PENALTY FROM S50. UP TO $500. PER DAY AND ADDITIONAL PENALTIES UP TO $50. TO $500. PER DAY FOR EACH DAY A VIOLATION REMAINS UNCORRECTED BEYOND THE TIME PERIOD PROVIDED. UNPAID PENALTIES UNDER TICKETS ISSUED WILL BECOME A LIEN AGAINST THE PROPERTY. In addition, the Certificate of Use and Occupational License of any business occupying this property may be suspended or withheld. Operating a business without required licenses is illegal under state and city law, and is punishable by criminal arrest and/or closing the business. THIS IS THE 1ST NOTICE OF VIOLATION. ACT QUICKLY TO VOID A 2ND LETTER WHICH WILL LEAD TO A HEARING, WHERE DAILY FINES WILL BE IMPOSED. CONTACT INSPECTOR BENITEZ IMMEDIA i'hLY AT 305/416-1177 OR RBenitez@Miamigov.com Name of Inspector: Reynaldo Benitez Office Address: Office Phone Number: - If you have any questions, please contact the inspector at the above listed office phone number Monday through Friday. LAW OFFICES OF THOMAS G. SHERMA.N PROFESSIONAL ASSOCIATION 90 Almeria Avenue Tel: 305.448-5898 Coral Gables, Florida 33134 Fax: 305 445-4458 Thomas G. Sherman, Esq. E-Mail:Torn@UnionTideServices.com August 09, 2011 Nzeribe Ihekwaba, Ph.D., P.E. Director of Public Works City of Miami 444- SW 2"d Ave. Miami, Fl. 33130 Re: 3686 Loquat Avenue, Coconut Grove, FL, Owner, Pascal Nicolle, Elise Nicolle Dear Ms. Ihekwaba, I am legal counsel to the owners of the above Property. With respect to their request to construct a fence on the City right of way abutting the Property, please be advised as follows: 1. This is a historic home originally built in or around 1910. 2. There is no backyard in the house so use of the right of way for the fence is vital for this single family home. In some areas the rear of the house is only 2 feet away from the property line. 3. The lot is less than 5000 square feet, unusual for Coconut Grove. 4. If the fence could not remain in the right of way, half of the carport would be outside the fence, therefore making it look strange and unusable. 5. Over the years, the landscaping has grown in relation to the fence which would have to be destroyed if the fence could not remain where it has been historic -ay located. 6. If the fence could not remain where it has been historically in the right of way, the drain field will be partly outside of the fence. 7. The existing side fence including a rock wall goes all the way to the existing fence. It would look quite awkward if this could not be continued. 8. The only reason the owners had to replace the fence is because a huge tree branch fell on the fence destroying it due to its old age. The owners rebuilt the fence in the exact position it was in order to restore the original look of the house. Thank yo, for your consideration. Since Thonit.asG. Sherman, Esq. Page 1 of 1 0(1 prut Fe(r Ce Jr • 90.az' LOCATION MAP Ecltzs,l.•also. MEMO, AWRMATlONb1 t Y ataanol ee R.ar. .q.R4 11 m Ili Pa a A 14 44 fur mites 1a os 1f 44 we ,4 MaPa 14 1.. 16 l4 SURVEYOR'S NOTES' 4 T10S Is A EWIOAR'f SURVEY% • P. 044 oesesee ce m r.mlvnerm.p ''d tom PMMOMPr alarming 1�M14014 PRIMP oat a as of aaN0 W 4a1Anr esa nfp ee44a404 •ro04444* aYMok milee0eq comm. ND 10)Itr Prouturrame 04444e ROCK 14444ntte 0a01.4406.1.0411.1144 404.4.Tt nneCod :tef Ira *540 000Mr{¢YR«l ww m mm n adna 1atv1 a nar yse...MOM.'0 R®••n•Pn 04 Iao+t a. ml4 e44404 n4400•1 ala narc eaware M wR awe .ape.4a110 amaNt 6. M 40ee.0.7PfO 0ICOodo1.41, 04. t1a4 ptW.4 W.to.aa�v 4 eegaaNv,ara IA Ma4a•A.. • a PL0OP Metittp0R RATE MVP INFORMATION r atatea. o••.alr o.a. free -A40 n.51 Ytl n90o61e. J.F.LOPE04 Sc ASSOCIATES,INC. CONSULTING LAND bU0.VEYYCTOR! s LAND PLANNERS SURVEYOR'S CERTIFICATE I HEREBY CERTIFY: Thu • Mowry el to PRM.n/ u enaCad h V4 nvgeeng caption Ms Men wooly unser dryt•an, and mow die nainvn 'ache., Manama as Io o 0y 01. Florins Ewa of Pn4a41.I Land 0,e•e/a. In 0404 2t.H4•1 el 71.ida Arneneata1. Oslo. a,w.ume le 144141 472.017 N MAN 6446 . PURTN6R COS TV V: TWIN. IRETCN OF SURVEY hN 4004l alna4044414.4 of WO P4441,44 4 u•o and womb Me 6.a1 IF.7 4oAw ee• aro CNN. Mid w) ro.1uw ene5Wy.waa W., mead A chow IWwt !SS 6s47Ih ST. .W. 212 N44en. new. 71011 (lOS) WAIST/ 6111410 Fat US0114 • want wee rum wow,. amtt0 mr•du. t..eaate.w.r•w • •e4 OfE F.LOPE CI metes 3001, STATE OF /LONICA eOR THE f5RM M yy�f :4 L l tt. 70' -�� 70.8 pRoP62 V'( LiNE SKETCH OF SURVEY SCALE:11e20• ' I .rtm(G toe' . 4c S /� I 1• I� 50.AWN/E MON �:;� L061151.. o60G11PT5Os1: The following asserlt.a part of Lots 3 & 4 In Block •I• of the Second Afended Plat of Coconut grove Park according to the plat thereof .a recorded In Plat Book 1 at pay* .2 of the Public R..ord' a( Dada County, flaw, Fran a Paint of 0e91n11ing at the North..at Corner of a(oreeald Lot.3 run east along the north line of weld Lot. 0 A 4 a ale t.ne• of 100 fen, more or loos, to the NC edrnar of Lot 41 thane' run Booth along :ha east line of Lot 4 a dietan6. of 43 Tut to a point: throe■ run fast and p.rall.l to the north lln• of Lot 4 a dlatane. of !0 'feet to a point' thane• run south and parallel to the .aft line of Lot 4 a dlstanc• of 7.0 feet to a potntl :hence run .oat end parallel to tn• north line of Leta 3 A 4 . anatanea of 50 f••t, .er r ;., t point n tn. .at 'flow of Lot 11 thane., run north ualong tN• oast line of Lot 3 a distance of 60 fast to the Point of Aegtnnlnq. A 77 ?APO' S 4 1 L PS. to ' • /Sly.av«/ro., wiry Nr JC87 c2p PROPERTY ADDRESS, 3586 Locust Avenue, Coconut Crave, Ft. 5'C.l_F.? % friar /w 6 I GGp6Us CAD 1 jr .V0.� ro / r O u. to ~Lr U sT f xtS l'1 frn c? -From igso 171 --PX1S-1n ce -F ro r ' t 9150 J ;iagrit-t. ,,g`..a.a-!!. • ".' LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 Prepared by and return recorded copy to: City of Miami Public Works Department Attention: Director, Nzeribe Ihekwaba, Ph.D., P.E. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 COVENANT RUNNING WITH THE LAND THIS COVENANT made and entered into this day of 20 , by and between PASCUAL NICOLLE AND ELISA NICOLLE, husband and wife, (hereinafter called COVENANTOR) and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, in the county of Miami -Dade, hereinafter called CITY; and WHEREAS, COVENANTOR is the fee owner of property located at 3686 Loquat Avenue, Miami, Florida 33133 and legally described in the attached Exhibit "A", hereinafter called PROPERTY; and WHEREAS, the PROPERTY is improved with a home and accessory structures that include a wood fence and carport which were legally approved by the CITY pursuant to a building permit record dated 1950 and an affidavit that the fence and carport has been located in that same location on or before March 24, 1983; and WHEREAS, a portion of the fence and carport (collectively, the "ENCROACHMENTS") encroach into the dedicated right of way known as Loquat Avenue; and WHEREAS, COVENANTOR has submitted a formal request to the Director of Public Works to permit the ENCROACHMENTS to remain with the dedicated public right of way adjacent to the PROPERTY, subject to COVENANTOR executing and delivering to CITY this instrument, with the payment by COVENANTOR of the requisite fees for preparation and recording of this instrument. Page 1 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 NOW THEREFORE, in consideration of the express grant by the CITY of the right and license to allow the ENCROACHMENTS to remain within the dedicated right of way known as Loquat Avenue subject to the terms and conditions set forth herein below, and in further consideration of these premises, COVENANTOR does hereby covenant and agree with CITY as follows: 1. The foregoing recitals are true and correct and are made a part hereof. 2. COVENANTOR shall provide maintenance of the ENCROACHMENTS adjacent to PROPERTY, in accordance with the CITY' S standards and specifications, as they may be amended from time to time. 3. In the event that COVENANTOR, its heirs, successors, or assigns fails, as determined by the Director of the Department of Public Works in reasonable discretion, to properly maintain the ENCROACHMENTS, or any part thereof, so that it becomes a hazard to the health, welfare and safety of the general public, the CITY Public Works Director or designee shall give COVENANTOR written notice of such failure via certified mail, return receipt requested, with copies to any mortgagee who has given written notice of its lien to the CITY, and COVENANTOR shall within thirty (30) days from receipt of such notice either (i) restore the ENCROACHMENTS, or any part thereof, to a safe condition satisfactory to CITY, or (ii) remove the ENCROACHMENTS, or any part thereof, and to restore the right of way to CITY standards at no cost or expense to CITY. 4. In the event that COVENANTOR, its heirs, successors, or assigns fails to either restore the .ENCROACHMENTS, or any part thereof, to a safe condition satisfactory to CITY, or remove the ENCROACHMENTS, or any part thereof, and restore the Page 2 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 right of way within the specified time as set forth in paragraph three (3), CITY may contract for such restoration or removal, and the amount of such restoration or removal cost shall be declared and established as a lien against the PROPERTY and enforced as any lien provided for under the Statutes of the State of Florida and the Code of Ordinances of the CITY. The lien imposed shall be a special assessment lien and shall have the same priority and supremacy as a special assessment lien existing under the laws of the State of Florida and CITY. The COVENANTOR shall pay the CITY's reasonable attorneys' fees and costs of collection arising in any action to foreclose the lien or otherwise recover cost for restoration or removal of the ENCROACHMENTS or any part thereof. 5. COVENANTOR further covenants and agrees that all recourse against CITY is hereby expressly waived as to any damage caused, consequential or otherwise, to any portion, in whole or in part, to the remainder of COVENANTOR's improvements resulting from the removal of the aforesaid ENCROACHMENTS, or any part thereof from the dedicated public right of way pursuant to paragraph four (4) above. 6. COVENANTOR shall indemnify, defend, and hold harmless CITY, its officials and employees, agents and agencies from any claims, demands, liabilities, suits, losses or causes of action of any nature whatsoever arising out of the use, construction, maintenance and/or removal of the ENCROACHMENTS, or any part hereof, from and against any orders, judgments or decrees which may be entered and from and against all reasonable costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. Page3 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 7. COVENANTOR shall indemnify, defend and save CITY, its officials, employees, agents and agencies harmless from and against any and all claims, liability, losses and causes of action, of any nature whatsoever that may arise out of the granting of this Covenant or out of COVENANTORS' activities under this Covenant, including all other acts or omissions to act on the part of COVENANTOR or any person acting for or on COVENANTOR'S behalf, and from and against any orders, judgments or decrees that may be entered and from and against all costs, reasonable costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. 8. COVENANTOR shall provide an insurance policy in an amount not less than $1,000,000, naming the CITY as insured for public liability and property damage, or provide a certificate of inclusion of CITY as an insured on an existing insurance policy for the property, in an amount not less than $300,000, subject to the approval of the Department of Risk Management. The insurance shall be in effect as long as the ENCROACHMENTS exist in the public right of way. Failure to provide the insurance coverage will result in the revocation by the CITY of the approval, and the ENCROACHMENTS shall be removed in accordance with CITY Code Section 54- 191(c)(2) and (3).. 9. It is expressly understood and agreed that this instrument shall be binding upon COVENANTOR, and also upon heirs, successors -in -interest or . assigns of COVENANTORS, and shall be a condition -implied in any conveyance or other instrument affecting the title to the aforesaid property or any portion thereof. Page 4 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 10. Any notice, request, demand, approval or consent given, or required to be given, under this Covenant shall be in writing and shall be deemed as having been given when .mailed by United States registered or certified mail (return receipt requested), postage paid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: COVENANTOR: CITY: Pascal Nicolle and Elisa Nicolle 3645 Palmetto Avenue Miami, FL 33133 City of Miami 444 SW 2 Avenue Miami, FL 33130 Attn: Director of Public 'Yorks 11. COVENANTOR herein expressly acknowledges that (a) the permission granted by the CITY to permit the ENCROACHMENTS to remain on CITY public right of way is solely for the limited purposes set forth herein and does not constitute a lease and that the rights of the COVENANTOR hereunder are not those of a tenant but is a mere personal privilege to do certain acts on CITY public right of way, (b) the CITY retains dominion, possession and control of the CITY public right of way and can in the event of default by COVENANTOR, unilaterally end the permission granted to COVENANTOR, without fault or breach or cause whatsoever provided, however, that notice is given to COVENANTOR and COVENANTOR has not cured the event of default within the period of time specified herein after receipt of notice and (c) COVENANTOR does not and shall not claim at any time any interest or estate of any Page 5 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 kind or extent whatsoever in the CITY public right of way by virtue of its use hereunder or by virtue of any expenditures incurred in connection herewith. [signature page follows] Page 6 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 IN WITNESS. WHEREOF, the COVENANTOR has caused these presents to be executed and signed this day and year above set forth. Signed, Sealed, Attested and delivered in our presence: FIRST WITNESS: COVENANTOR: Sign: Print Name: Address: SECOND WITNESS: PASCAL NICOLLE, husband Sign: ELISA NICOLLE, wife Print Name: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2011 by PASCUAL NICOLLE AND ELISA NICOLLE residing at , who personally appeared before me, an officer authorized to administer oaths and take acknowledgements, personally known to me or has produced as identification. [SEAL] NOTARY PUBLIC STATE OF FLORIDA Print Name: Commission No.: Commission Expires: Page 7 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 CITY OF MIAMI APPROVED AS TO CONTENT: Nzeribe Ihekwaba, Ph.D., P.E. Director, Department of Public Works APPROVED AS TO INSURANCE REQUIREMENTS: Calvin Ellis Director of Risk Management Page 8 of 9 LOCATION: 3686 LOQUAT AVENUE MIAMI, FL 33133 EXHIBIT A The following described part of Lots 3 and 4, in Block K of the Second Amended Plat of Coconut Grove Park, according to the Plat thereof, as recorded in Plat Book 1 at Page 62, of the Public Records of Miami -Dade County, Florida; from a Point of Beginning at the Northwest Corner of the aforesaid Lot 3 Run East along the North Line of Said Lots 3 and 4, a distance of 100 feet, more or less, to the corner of Lot 4; thence run South along the East line of Lot 4 a distance of 43 feet to a point; thence run West and parallel to North line of Lot 4 a distance of 50 feet to a point; thence run South and parallel to the West line of Lot 4 a distance of 7.0 feet to a point; thence run West and parallel to the North line of Lots 3 and 4 a distance of 50 feet, more or less to a point on the West line of Lot 3; thence run North along the West line of Lot 3 a distance of 50 feet to the Point of Beginning. Page 9 of 9