Loading...
HomeMy WebLinkAboutApplication & Suppoting DocsARNSTEIN & LEHR LLP Serving clients for more than 120 years. June 10, 2014 Olga Zamora Planning and Zoning Department The City of Miami Miami Riverside Center 444 SW 2nd Avenue, 3rd floor Miami, FL 33130 zoo South Biscayne Boulevard • Suite 3600 Miami, Florida 33131 Phone 305.374.3330 • Fax 305.374.4744 www.arnstein.com Elinette Ruiz 305.428.4544 eruiz@arnstein.com Re: Southern Waste Systems, LTD owner of the properties located at 2000-2010 N. Miami Avenue and 2021-2025 N.W. Miami Court Dear Ms. Zamora: Our firm represents Southern Waste Systems, LTD. ("SWS") in connection with the above referenced application. SWS is the owner of the properties located 2000-2010 N. Miami Avenue and 2021-2025 N.W. Miami Court (the "Property"). SWS currently operates a clean construction debris transfer station (transfer station) on the southern portion of the Property abutting N.W. 20 Street. SWS is an industry leader for its innovative recycling processes and recognized by Enterprise Florida Governor's Business Diversification Award in 2010 under the category Green to Gold. SWS is also the largest privately -owned recycler of construction and demolition materials in the southeastern United States. For almost twenty (20) years, SWS has operated a clean construction debris transfer station in the City of Miami's Wynwood area. Roughly 97% of the materials that arrive at the SWS facility in Wynwood are ultimately reused with a focus on Recycling from Zero Waste. SWS turns highly recyclable materials collected into marketable products that are then returned into the local economy, saving valuable landfill space while also preserving Florida's natural resources. The SWS clean construction debris transfer station on the Property complies with the City of Miami zoning code and is fully permitted by the Florida Department of Environmental Protection and Miami Dade County's DERM. During its long history as a neighbor in Miami's Wynwood business community, SWS has maintained a blemish -free record with City and County inspectors. SWS acquired the balance of the Property and needs to unify and secure the site as a safety precaution. This requires the vacation and closure of certain "paper alleys" which currently traverse the Property. These 12 ft wide "paper alleys" are unpaved, unused, and in fact, not useable as such pursuant to the City code, which requires that an alley CHICAGO SPRINGFIELD MILWAUKEE FORT LAUDERDALE MIAMI TAMPA WEST PALM BEACH BOCA RATON Arnstein & Lehr LLP is a member of the International Lawyers Network 11750936.4 ARNSTEIN & LEHR LLP Olga Zamora Planning and Zoning Department The City of Miami June 10, 2014 Page 2 be 20 ft wide. Section 55-11(b)(2), City of Miami Code of Ordinances. The legal existence of the alleys on the City's Municipal Atlas prevents SWS from fencing and securing its site. These "paper alleys" have unfortunately become a haven for drug users, vagrants, and vagabonds. Securing the site will have a positive impact in improving the neighborhood's security and quality of life. SWS intends to close the twelve (12) foot alley located between N. Miami Avenue and N.W. Miami Court north of N.W. 20 street and the twelve (12) foot alley running parallel to N. Miami Avenue and N.W. Miami Court, between lots 7, 10, 11 and 14 , and lots 8, 9, 12 and 13. SWS is the owner of all the property that abut this alley. SWS plans to continue to provide its exemplary services to the Miami community without expanding its current operation in Wynwood: SWS intends to operate within its currently approved capacity at the site while continuing to be the employer of choice for over 200 families in Miami Dade County. On October 23, 2008, the City Commission unanimously approved a nearly identical vacation and closure application by adopting resolution number R-08-0615 ("Original Alley"). Please see attached Exhibit "A." Unfortunately, despite its best efforts, SWS was not able to record the final plat before the Original Alley Vacation and Closure approval expired. This was mainly due to outstanding title issues. Specifically, the City requested an opinion of title addressing Chancery Court Order No. 91425-E of June 19, 1896, applying to a north/south alley located at the rear of lots 11, 12, 13 and 14 of the Property ("Chancery Court Alley"). Although this Order is officially referenced on the City's Municipal Atlas Sheet No. 21 —Q, the City's Public Works Department does not have a copy of the actual Order. Further, SWS's real estate counsel and title company conducted an extensive title search and located Chancery Court Order No. 91425-E, but that order has nothing to do with the Property and it is dated January 18, 1949, and not June 19, 1896. Please see attached Chancery Court Order 91425-E attached as Exhibit "B." Clearly, the wrong Chancery Court Order Number is noted on the City's Municipal Atlas. While diligently trying to address the City's comments, specifically the June 19, 1896 Chancery Court Alley issue, the SWS Original Alley vacation and closure approval expired. In an abundance of caution, the City's Public Works Department recommended that SWS submit a revised tentative plat to the Plat and Street Committee for review that included all of the alleys within the boundaries of the tentative plat: The Original Alley approved by the City on October 23, 2008, and the Chancery Court Alley (collectively referred to as the "Revised Alley"). The Plat and Street Committee's recommendation to vacate and close the Revised Alley would then be submitted to PZAB and the City Commission for consideration as a new vacation and ARNSTEIN & LEHR LLP Olga Zamora Planning and Zoning Department The City of Miami June 10, 2014 Page 3 closure resolution. Such will eliminate the need to produce the June 19, 1896 Chancery Court Order, that vacated the Chancery Court Alley. Accordingly, SWS submits its revised Vacation and Closure Application for the Revised Alley. Section 55- 15 (c) of the City of Miami Code of Ordinances sets forth the standards for vacating and closing roads. The vacation and closure of the Revised Alley is in the public interest, provides a public benefit and is justified in order to provide a unified site: (1) The vacation and closure of the Revised Alley is in the public interest and will benefit the general public in that: Securing the site will decrease current impacts on municipal services such as police and fire rescue. These alleys have unfortunately become a haven for drug users, vagrants, and vagabonds. SWS believes that securing this site will have a positive impact in improving the neighborhood's security and quality of life. (2) The general public no longer uses the right-of-way or easement, including public service vehicles such as garbage trucks, police, fire or other emergency vehicles. All evidence indicates that these alleys have not been used since the late 1890s. The Revised Alley is not paved, does not have curb cuts and does not, and cannot provide vehicular access. Access is further prohibited by the utility pole which lies at one end of the Revised Alley at N. Miami Avenue prohibiting the passage of cars and service vehicles. (3) There will be no adverse impact on the ability to provide police, fire or emergency services. The Revised Alley is currently not accessible to police, fire or emergency services. The proposed plat provides ample access to the site for these services as it is bordered on three sides by dedicated public right of way, i.e. N. Miami Avenue to the east, N.W. 20 Street to the south and N.W. Miami Court to the west. (4) The vacation and closure of the Revised Alley will have a favorable effect on pedestrian and vehicular circulation in that the closure of the Revised Alley will not create additional traffic impacts on N.W. Miami Court, N. Miami Avenue or N.W. 20 Street. Traffic is not currently accessible to the Revised Alley, therefore no traffic impacts can be generated by its vacation and closure. We request that the City Commission once again approve this vacation and closure that is essentially the same application approved by the City Commission on October 23, ARNSTEIN 86 LEHR LLP Olga Zamora Planning and Zoning Department The City of Miami June 10, 2014 Page 4 2008, with a minor revision addressing the Chancery Court Alley discrepancy on the City's Municipal Atlas. SWS' current use is legal and permitted under all applicable laws. The City of Miami's Planning and Zoning Department and Public Works Department have strongly recommended approval of this Application. The City's Plat & Street Committee has unanimously recommended approval of this Application. This Application meets all of the requirements of the City's Code, including the standards as set forth in Section 55 -15 (c), City of Miami Code of Ordinances. We look forward to your favorable review of this matter. Thank you for your anticipated cooperation. Very truly yours, Elinette Ruiz Attorney for Applicant ER:tfj Enclosures City of a Legislation Resolution City Hall 3500 Pan American 'Drive Miami, FL 33133 www.miamigoV,.com File Number: 07-41499ac Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE ALLEYS LOCATED BETWEEN NORTHWEST MIAMI COURT AND NORTH MIAMI AVENUE, NORTH OF NORTHWEST 20TH STREET, MIAMI, FLORIDA, WHEREAS, the Miami Zoning Board, at its meeting on September 22, 2008, Item No. 2, following an advertised public hearing, adopted Resolution No. ZB 08-073 by a vote of eight to zero (8-0) vote, recommending APPROVAL to close, vacate, abandon, and discontinue for public use the alleys and accepting the proffer of the additional dedication by the petitioner in order to provide a continuation of the proposed twenty -foot alley along the northern portion of the site, as set forth; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical requirements have been met; and WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of portions of the public right-of-ways as hereinafter described, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The alleys located between Northwest Miami Court and North Miami Avenue, North of Northwest 20th Street, Miami, Florida, more particularly described in Exhibit "A," are closed, vacated, abandoned and discontinued for public use. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS- JULIE O. BRU CITY ATTORNEY City of Miami Page 1 of 2 Printed On: 10/7/2008 File. Number 07-01499ac Footnotes : {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 10/712008 s-:-)3001,(19t4;i0 , - THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, a body corporate and politic under the laws of the State of Florida, • ••••• • • TED; CIRMrIT , Cip1A1T TAL • =quit -AN O0'01fLrf,. INO.;91!.25;4t..- ) ) ) ) vs. STIPULATION ) ) ) The City of Miami, a municipal corporation in Dade:County under the laws of the State of Florida, having been made'a party defendant to the above entitled cause for the reason that such defendant claimed a lien on the lands involved'in.auch suit for LAURA A. LUM, et al., Plaintiff, Defendants. AND ORUEROF DIISSL sundry assessments levied and assessed thereon, and'the said defendant, City of Miami, having received payment.in full for.each, assessments subsequent to the filing of such bill, and, therefore,:. claiming no further interest in and to such lands, stipulated and agreed by and City of Miami, by and through the above entitled cause be diSmissed as to the defendant, . Miami • Dated at Miami, Florida, this 177 day of Januaryt filed this ..t..iiday al recorded this/.' day,t to Ctiaocery Ordet go(lig7. 9/ oo 4. g. 1.1AllafttlAtt. Clack CircifAstift Deputy ORDER 07 D The above and foregoing 190..,p414A:1111)411:-,* be court an the court b46g it it here* between the plaintiff end the defendant,..: their undersigned solicitors, that City. of 1949 itor for Plaint fr... •-• J. W. WATSCN, City Attorney, Solicitor for:':. defendant, City:Of Miami By ...... ---.,.:•,.,...,:. . • , . . •!•••,t:,:.::- iipen • cella iderat ion ,:,,.. : ,. :.i..... ,, . • :.:.. :.. ORDERE 7t: D...., ...'ADJ.UDOE D444D 1-.DEORElii..$4i.i.:..i.,-,."-14-:sp,' 1 .,-..1...7:i...,..t,..,..,.,..:.:0ii:',:,, , .:... .... t h 1 d.. the • -.:e '-' • -..fie•!'heribietiOrined-:fend,?"thet.,-the::,e,„.. Jej..f...p.:,....„...„,:,::.,,,,..2.:,,,,,,,,...i .,..... -... . ....,...--ilialut 0 . a. DititA (sips), octorpOrat.icin in Dade:- Oollittifinder::. the .':-.iiiifit•d , ,.. -.:- the State - Of•-.Elorida . • . - be 'and the .'',:6iine la • hereby .1:d i smi a 00' as to th#13:j:Aetendent •.:•'::Oft'''••• t . . ... ... ... :,. ,.:,,-.•• DONE :AND • ORDERED' -In Chambere..thia -..- . . . : k••• • '-'• ' :',,...:-.;...,...,,. '.::-....-.....-::;...i.:..:,:i.,::,,ii-,;:.:.. :': .• . - . • - ......"-- • .. 1:..' ''''1:1:':.':, ;,'i'::.•''';''''',...---..' • ..-- --- • - , C"— 4 ''<e''...- ,. .--..--. - •• .(....:/(:H;"'.:...-.'.. '''.:;:..••:,...;...;•;-; • •."' ppm IT..-.p.150..... • --: ,-::.:.--..it;,:,Y..:I:::..:•:„:-j'.T:-.,: January, 1949 4te • • • .• :.••• • • -• . •'.. ARNSTEIN & LEHR LLP Serving clients far 120 years. 11,3 2,1.1 January 31, 2014 Anel Rodriguez, Chief Planning and Zoning Department Hearing Boards Section City of Miami Miami Riverside Center (MRC) 444 Southwest 2nd Avenue, 3rd Floor Miami, Florida 33130 200 South Biscayne Boulevard - Suite 3600 Miami, Florida 3313r Phone 305.374.3330 - Fax 305.374.4744 www.arnstein.com Elinette Ruiz 305.428.4543 mdportilla@arnstein.com RE: Application for official Vacation and Closure of a public Right of Way for the Southern Waste Systems LTD. property Dear Mr. Rodriguez: Our firm represents Southern Waste Systems, LTD. ("SWS") in connection with the above referenced application. SWS is the owner of the properties located 2000-2010 N. Miami Avenue and 2021-2025 N.W. Miami Court (the "Property"). SWS currently operates a clean fill distribution facility on the southern portion of the Property abutting N.W. 20 Street. SWS acquired the balance of the Property in order to convert the distribution facility into a recycling facility of construction and demolition debris, including steel, wood and concrete. To construct the new facility, SWS needs to unify and secure the site. This requires the Vacation and Closure of the alleys which currently traverse the Property and impede the construction of the facility, SWS intends to close the twelve (12) foot alley located between N. Miami Avenue and N.W. Miami Court north of N.W. 20 street and the twelve (12) foot alley running parallel to N. Miami Venue and N.W. Miami Court, between lots 7, 10, 11 and 14 , and lots 8, 9, 12 and 13. SWS is the owner of all properties that abut this alley. On October 23, 2008, the City Commission unanimously approved this Vacation and Closure by adopting resolution number R-08-0615 ("Original Alley"). Please see attached Exhibit "A." Unfortunately, despite its best efforts, SWS was not able to record the Final Plat before the Original Alley Vacation and Closure approval expired. This was mainly due to outstanding title issues. Specifically, the City requested an Opinion of Title addressing Chancery Court Order No. 91425-E of June 19, 1896, purportedly applying to a north/south alley located at the rear of lots 11, 12, 13 and 14 of the Property ("Chancery Court Alley"). Although this order is officially referenced on the City's Municipal Atlas Sheet No. 21 —Q, the City's Public Works Department does not have a copy of the actual order. Further, SWS's real estate counsel and title company conducted an extensive title search and located Chancery Court Order No. 91425-E, but that order has nothing to do with the Property and it is dated January 18, 1949, and CHICAGO HOFFMAN ESTATES SPRINGFIELD MILWAUKEE FORT LAUDERD}ALE MIAMI TAMPA WEST PALM BEACH BOCA RATONN Arnstein & Lehr LLP is a member of the International Lawyers Network 1 11472626.3 ARNSTEIN & LEHR LLP Planning and Zoning Department Hearing Boards Section January 31, 2014 Page 2 but that order has nothing to do with the Property and it is dated January 18, 1949, and not June 19, 1896. Please see attached Chancery Court Order 91425-E attached as Exhibit "B." Clearly, the wrong Chancery Court Order Number is noted on the City's Municipal Atlas. While diligently trying to address the City's comments, specifically the June 19, 1896 Chancery Court Alley issue, the SWS Original Alley Vacation and Closure approval expired. In an abundance of caution, the City's Public Works Department recommends that SWS submit a revised tentative plat to the Plat and Street Committee for review that includes all of the alleys within the boundaries of the tentative plat: The Original Alley approved by the City on October 23, 2008, and the Chancery Court Alley (collectively referred to as the "Revised Alley'). The Plat and Street Committee's recommendation to vacate and close the Revised Alley would then be submitted to PZAB and the City Commission for consideration as a new Vacation and Closure Resolution, Such will eliminate the need to produce the June 19, 1896 Chancery Court Order, that purportedly vacated the Chancery Court Alley. Accordingly, SWS submits its Revised Vacation and Closure Application for the Revised Alley. Section 55(c) of the City of Miami Code of Ordinances sets forth the standards for vacating and closing roads. The vacation and closure of the Revised Alley is in the public interest, provides a public benefit and is justified in order to provide a unified site for the recycling facility: (1) The vacation of the Revised Alley is in the public interest and will benefit the general public in that: i. SWS is the largest recycler of construction debris in South Florida. The recycling of construction and demolition debris including steel, wood and conccrete on average, diverts in excess of 80% of construction and demolition debris that would otherwise be considered post -consumer waste and would go directly to the City's landfill and incinerators. Instead, these materials are recycled and re-enter the stream of commerce without tapping into our limited natural resources; The practice of recycling construction and demolition debris is a concept encouraged by the U.S. Green Building Council as well as other well -respected organizations. See information related to Material and Resource Credit 2.1 and 2.2 under Leadership in Energy and Environmental Design (LEED) green building rating system. The City of Miami incorporated LEED Certification standards in its Miami 21 Code. The recycling facility will provide an opportunity for meeting these specific credit requirements set forth in the LEED rating system; iii. Securing the site will decrease current impacts on municipal services such as police and fire rescue. Peddlers, vagrants and squatters will no longer be attracted to the Property. Please refer to the photographs attached to the application showing 11472626.3 ARNSTEIN 8; LEHR LLP Planning and Zoning Department Hearing Boards Section January 31, 2014 Page 3 evidence of improper use of the Revised Alley by others; and iv. The recycling facility will create new job opportunities in an area where fobs are greatly needed; thus, benefiting City of Miami residents and the economy, generally. (2) The general public no longer uses the right-of-way or easement, including public service vehicles such as garbage trucks, police, fire or other emergency vehicles. The Revised Alley is not paved, does not have curb cuts and does not provide vehicular access. Access is further prohibited by the utility pole which lies at one end of the Revised Alley at N. Miami Avenue prohibiting the passage of cars and service vehicles. (3) There will be no adverse impact on the ability to provide police, fire or emergency services. The Revised Alley is currently not accessible to police, fire or emergency services. The proposed plat provides ample access to the site for these services since it is bordered on three sides by dedicated public right of way, i.e. N. Miami Avenue to the east, N.W. 20 Street to the south and N.W. Miami Court to the west. (4) The vacation and closure of the Revised Alley will have a favorable effect on pedestrian and vehicular circulation in that the closure of the Revised Alley will not create additional traffic impacts on N.W. Miami Court, N. Miami Avenue or N.W. 20 Street. Traffic is not currently accessible to the Revised Alley, therefore no traffic impacts can be generated by its vacation and closure. We request that the City Commission once again approve this Vacation and Closure, that is the same application approved by the City Commission on October 23, 2008, with a minor revision addressing the Chancery Court Alley discrepancy on the City's Municipal Atlas. Further, this application meets the standards as set forth in Section 55(c) of the City of Miami Code. We look forward to your favorable review of this matter. Thank you for your anticipated cooperation. Very truly yours, Elinette Ruiz Attorney for Applicant cc: Miguel Diaz de la Portilla, Attorney for Applicant ER:tfj Enclosures 11472626.3 City of Miami Legislation Resolution City Hall 3504 Pan American Drive Miami, FL 33133 www.miamigov.cOm File Number: 07-01499ac Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE ALLEYS LOCATED BETWEEN NORTHWEST MIAMI COURT AND NORTH MIAMI AVENUE, NORTH OF NORTHWEST 20TH STREET, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on September 22, 2008, Item No. 2, following an advertised public hearing, adopted Resolution No. ZB 08-073 by a vote of eight to zero (8-0) vote, recommending APPROVAL to close, vacate, abandon, and discontinue for public use the alleys and accepting the proffer of the additional dedication by the petitioner in order to provide a continuation of the proposed twenty -foot alley along the northern portion of the site, as set forth; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical requirements have been met; and WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of portions of the public right-of-ways as hereinafter described, and deems it advisable to do so; NOW, THEREFORE, BE 1T RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The alleys located between Northwest Miami Court and North Miami Avenue, North of Northwest 20th Street, Miami, Florida, more particularly described in Exhibit "A," are closed, vacated, abandoned and discontinued for public use. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESSe- JULIE O. BRU CITY ATTORNEY City of Miami Pager of 2 EXHIBIT ' Printed On: 7017/2008 .11 Fife Number- O7-014996c Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted, If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Primed On: l0/7/2008 13 4 Eii''i I is T1W BOARD OF P!JHLIC INSTRUCTION OF DADE COUNTY, FLORIDA, a body corporate and politic under the laws of the State of Florida, va. LAURA.A. LUM, et al., Plaintiff, Defendants. IN TEE CIRCUIT COURT OF_THE missirysTir 3UDIC1AL CCRCUIT, rN rAND•FORDADE COUNTY, PIARIDA. IN CHA1cTt:EKY... ) ) ) NC...+'9 5... STIPULATION AND ORDER -OF DISiMISSAL: The City of Miami, a municipal corporation in D+ide-County' under the defendant defendant laws of the State of Florida, having been made a p rty'• . to the above entitled cause for the reason that such claimed a lien on the lands involved -in such suit for sundry assessments levied and assessed thereon, end.the said defendant, City of Miami, having received payment in full for mush.;, assessments subsequent to the filing of such hill, and, theretore, claiming no further interest in and to such lands, it to hore.by stipulated and agreed by and between the plaintiff And the defendant+,: City of Miami, by and through their undersigned solicitors, that-. the above entitled cause be dismissed as to the defendant, City•a Miami. Ti nted et Miami, Florida, this j�! `ydtsiy- � of ranuaryrt fittl This .l � f� (,� A. 0. 145 =f refunded thi5�J day . r� o(P9/aaPae �-'- m C1ian�erY Qider Y k 4. 16, llAttiERASAII, k Circui/tztaitt deputy ORDER . OF J. W. WATSON, JR.; City Attorney, Solicitor for defendant, City,•or Yi.nti By The ahoy, and faregoing etipuletion.b r the court and the dirt being fully advisee upon eohsi'dsration, .:°' ORDERED, . AD3UD!D AND DkUREED tbet such stipulation and the -:name Is'herebgapprO?ad.and `that the sl a antit.3 d. use+ be and the�eame i$ hireby:Oiaminand ni to the defendant,. ity'o Miami,,a muMeipal oorporation in Dade County, underthe laws. sr'.' the State of°.Elonida. DONE ;ANDORDERED in Chambers this r' `day of January, 1949. VACATION AND CLOSURE nRD„iPAnoN 2014 FEB 13 PM 14: 38 PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.comlhearino boards 0-01 � Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing,, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. 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. All documents, reports, studies, exhibits (B'/axf 1 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. 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. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances 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. 07-2013 1 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. 1. Applicant(s): Miguel Diaz de la Portilla, Esq. and Elinette Ruiz, Esq. On behalf of Southern Waste Systems, Ltd., 2. Description of area: Please see attached Exhibit "A" 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8%x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8%x11" 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. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8%x11" sketch of survey in #3 above can be labeled, "Exhibit A". 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; 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) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. The subject property(ies) cannot have any open code enforcement/lien violations. 16. What is the acreage of the project/property site? .0988 acres 17. What is the purpose of this application/nature of proposed use? Industrial Operation of a Recycling plant. Rev. 07-2013 2 VACATION AND CLOSURE APPLICATION 18. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 19. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 20. What would be the anticipated duration of the presentation in front of the: Cif Planning, Zoning and Appeals Board 30 minutes and/or LXCity Commission 30 minutes 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order. Arnstein & Lehr, LLP Signatur Address 200 S. Biscayne Boulevard Name Miguel Diaz de la Portiila, Esq. Telephone 305-428-4543 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE E-mail 36th Floor mdportilla@arristein.com The foregoing was acknowledged before me this day of Z] C-AA C-'f- 20 14 , by Miguel Diaz de la Portilla who is a(n) indtdctualipartneriagentimmotim of Southern Waste Systems, Ltd. a(n) iViidliMptiieitifskorporation. He/;ire is personate known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Notary Pubic State of Florida Blanca E. Fernandez My Cvrnm1141on EE 20636B o, Or. Expire! 05/26/2016 frigtzt_er . Signature Rev. 07-2013 3 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Miguel Diaz de la Portilla , who being by me first deposes and says: 1. That he/ fe is the meet 'mita legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who 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, 1 including or 0 not including responses to day to day staff inquires. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Miguel Diaz de la Portilla Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this C day of j O--, l 20 14 by Miguel Diaz de la Portilla who is a(n)AmethriduadipartimfagenttorporatkorKof Southern Waste Systems, Ltd. a(n) lnistividuallpartnuslitpicorporation. Fe/SMis personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) !ea,_ Notary Public Slate of Florida Blanca E. Fernandez jr My conmission LE 206369 oFit Expires 06/2572018 ignature Rev, 07-2013 4 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Elinette Ruiz , who being by me first deposes and says: 1. That tretshe is the Eiturreocardtrer legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who 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, L including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Elinette Ruiz Applicant(s) Name licant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of JCL..t,� (..4 20 14 by Elinette Ruiz who is a(n)indiv duaiccartitexiagenttc:vrpvratiorfcof Southern Waste Systems. Ltd. a(n) Indivkluelipartraushipicorporation. She ispersonall known to me or who has produced as identification and who did (did not) take an oat . (Stamp) Signature Notary Public State of Florida Blanca E. Fernandez My Commiasiorr EE 206369 vt Expires 06/25/2016 Rev. 07-2013 4 CERTIFIED LIMITED PARTNERSHIP RESOLUTION The undersigned hereby certifies that he is the Managing Member of Southern Waste System Holdings, LLC, a Delaware limited company, who is the General Partner of Southern Waste Systems, Ltd., a Florida partnership, (the "Partnership"), that the following is a true and correct copy of the resolutions adopted by its partners at a meeting held on October 29, 2007 at the offices of the Partnership. RESOLVED that the Partnership consents to and joins in the filing of Plat Application with the City of Miami for the properties located between North Miami Avenue and North Miami Avenue and North Miami Court, north of NW 20th Street, in Miami, Florida (the "Application"); and be it RESOLVED that Mr. Charles Lomangino is authorized to sign any and all documents in connection with this matter. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this 16th day of January, 2014 SOUTHERN WASTE SYSTEMS, LTD., a Florida limited partnership BY: SOUTHERN WASTE SYSTEMS HOLDINGS, LLC a Delaware limited company, its general partner B Y aA, Managing Member State of Florida. Notary certificate. Continued on next page County of Broward On the 16 day of January 2014 before me personally appeared Charles Gusmano, to me known, and known to be the person represented and acknowledged that he was the managing member of and on behalf of such entity. Notary Public CANDIE M COLLINS Notary Pubfic - State of Florida My Comm. Expires Apr 3, 2015 Commission # EE 80426 VACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject properly 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 necessary. Owner's Name(es) Southern Waste Systems, Ltd., Charles Grusmano Trust 49.5% Anthony Lomangino Retained Percentage of Ownership Charles Lomangino Trust 16.9% Annuity Trust 33.6% Subject Property Address(es) 2000-2070 N. Miami Ave; 2021-2015 NW Miami Ct. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Please see attached Exhibit "8". Street Address(es): Legal Description(s): Miguel Diaz de la Portilla, Esq. :Conf.:m(0)mAttorney Name cZiMatftt(aoryAttorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of L GSA 20 14 , by Miguel Diaz de la Portilla who is a(n) individitabtpartixariagentictimaratital of Southern Waste Systems, Ltd. a(n) mitt!i'€�'I�rLFralcorporation. He[e is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) 6,,,,,..46Notary PubiiC State of Florida ,04anca E.Fernandez 14. I My Commission SE 206366 or rid' Expires 06125n0le Signature Rev, 07-2013 5 Exhibit "A" LEGAL DESCRIPTION A strip of land in Block 11, WADDEL'S ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof, as recorded in Plat Book B at Page 53 of the Public Records of Miami -Dade County, Florida, and being more particularly described as follows: That portion of a 12 foot alley running north -south lying between the east boundary of Lots 7, 10, 11 and 14 and the west boundary of Lots 8, 9, 12 and 13, and bounded by the north line of Lot 7 extended to intersect the north line of Lot 8; and bounded by the south line of Lot 14 extended to the south line of Lot 13, all in said Block 11 of WADDEL'S ADDITION TO THE CITY OF MIAMI, aforementioned, containing 2634 square feet or 0.06 acres. AND A strip of land in Block 11, WADDELS ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof. as recorded in Plat Book B at Page 53 of the Public Records of Miami -Dade County, Florida, and being more particularly described as follows: That 12 foot east -west alley bounded by the south line of the north 48 feet of Lots 9 and 10, bounded by the north line of Lots 11 and 12, bounded by the west right-of-way line of North Miami Avenue, and bounded by the east right-of-way line of N.W. Miami Court, all in said Block 11 of WADDEL'S ADDITION TO THE CITY OF MIAMI. aforementioned, and containing 3011.74 square feet or ❑.07 acres. OPINION OF TITLE TO: City of Miami With the understanding that this Opinion of Title is furnished to the City of Miami, as inducement for acceptance of a tentative plat, covering the real property, hereinafter described in attached Exhibit B, it is hereby certified that we have exarnined a First American Title Insurance Company Commitment for Title Insurance covering the period from the beginning to the 11 `h day of December 2013 at 11:59 P.M (the "Title Commitment"), of the following described property: See attached Exhibit A Basing our opinion on said complete Title Commitment covering said period, we are of the opinion that on the last mentioned date, the fee simple title to the real property described in Exhibit A was vested in: Southern Waste Systems, Ltd., a Florida limited partnership, Southern Waste System Holdings, LLC, a Delaware limited liability company is the general partner of Southern Waste Systems, Ltd., a Florida limited partnership. The Managing Member of Southern Waste System Holdings, LLC is Charles Lomangino. Charles Lomangino is authorized to execute the tentative plat. Subject to the following encumbrances, liens and other exceptions as set forth in the Title Commitment: General Exceptions: 1. All taxes and assessments for the year 2014 and subsequent years. 2. Taxes for the year 2013 have been paid in the amount of $8,003.05 under Tax Folio NO. 01-3125-048-0360 (Lot 8 and N 48 feet of Lot 9 and N '/z and E `/2 of alley). 3. Taxes for the year 2013 have been paid in the amount of $26,952.07 under Tax Folio No. 01-3125-048-0390 (Lots 11 through 14 and S % of alley). 4. Taxes for the year 2013 have been paid in the amount of $4,417.18 under Tax Folio No. 01-3125-048-0380 (N 48 feet of Lot 10 and N `/z and W % of alley). 5. Taxes for the year 2013 have been paid in the amount of $5,095.07 under Tax Folio No. 01-3125-048-0350 (Lot 7 and W '/2 of alley). 6. Rights of parties in possession, other than the record owner. 11212973.1 1 7. Easements or claims or easements not shown by the public records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 8. Any lien, or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 9. Zoning and other restrictions imposed by governmental authority. Special Exceptions 10. Negative and Deferred Pledge Agreement by and between Southern Waste Systems, Ltd., a Florida limited partnership and Comerica Bank, a Michigan banking corporation, recorded January 24, 2008 in Official Records Book 26177, Page 2610, of the Public Records of Miami -Dade County, Florida. 11. Restrictions, reservations, easements and other matters as shown on the plat of MAP OF WADDELL'S ADDITION TO THE TOWN OF MIAMI, alkla JOHNSON AND WADDELL'S ADDITION TO MIAMI, as recorded in Plat Book "B", at Page 53, of the Public Records of Miami -Dade County, Florida. 12. Covenant to Run with the Land in favor of the City of Miami, Florida, recorded August 14, 1985, in Official Records Book 12604, at Page 1361, of the Public Records of Miami - Dade County, Florida (as to Lots 7 through 10). 13. Right of Way Deed given by Mitchell Rubinson, Marilyn Rubinson, and Edda Rubinson, to the City of Miami, Florida, recorded September 4, 1985, in Official Records Book 12627, Page 226, of the Public Records of Miami -Dade County, Florida. (as to Lots 8 and 9). 14. Notice of Commencement recorded June 7, 2013 in Official Records Book 28669, Page 1270 of the Public Records of Miami -Dade County, Florida. 15. Agreement for Water and Sanitary Sewage Facilities between Metropolitan Dade County and Distribution Management Services, Inc., recorded May 28, 1996, in Official Records Book 17216, at Page 2057, as affected by Addendum Number One, recorded January 7, 1997, in Official Records Book 17486, at Page 773, both of the Public Records of Miarni- Dade County, Florida. (as to Lots 11 through 14). 16. Amended Easement Deed by Court Order in Settlement of Land Owner Action recorded February 19, 2013 in Official Records Book 28495, Page 1054, as amended by Amendment Easement Deed by Court Order in Settlement of Landowner Action recorded June 19, 2013 in Official Records Book 28686, Page 4149, both of the Public Records of Miami -Dade County, Florida. (as to Lots 11 through 14). In delivering this Opinion of Title we are assuming that the proposed tentative plat as shown in Exhibit B covering the real property described in Exhibit A, does not modify or amend the 11212973.1 2 aforementioned encumbrances and exceptions. Therefore, it is our opinion that the following parties must join in the proposed tentative plat: Name Interest Special Exception Number Southern Waste Systems, Ltd., a Florida limited partnership Owner N/A Comerica Bank, a Michigan banking corporation Mortgagee 10 Furthermore, we used our best efforts to locate the Chancery Court Order No. 91425-E dated June 19, 1896 that is referenced in correspondence from the City of Miami dated July 13, 2012. Despite our best efforts, we found Chancery Court Order No. 91425-E dated January 17, 1949, which is attached hereto as Exhibit C. In our opinion, that Exhibit C does not impact Southern Waste System Ltd.'s title to the real property described in Exhibit A, attached hereto. Furthermore, other than the abutting property owners none of the Special Exceptions Items 10 through 16 indicate that there are individuals having an interest in the right of way to be closed or vacated by the proposed tentative plat attached as Exhibit 13 hereto. I, the undersigned, further certify that I am an attorney -at -law dulyarxlitted to practice in the State of Florida, and a member in good standing of the Florida Respectfully submitted this 6th day of January, 201 State of Florida County of Miami -Dade 3 By: Ronald R. Fieldstone, Esq. Florida Bar No. 180299 Arnstein & Lehr LLP 200 South Biscayne Boulevard, Suite 3600 Miami, Florida 33131 Tel : 305.428.4500 T e foregoing..instruction was acknowledged before me this II day of January, 2014, by 4vALP e.— 7 W ', who is personally known to me BR1DaEr R. HIGGINS MY COMMISSION a EE 222601 EXPIRES: December 5, 2016 Banded TM Notary Pubkic Underwriters NOTARY P LIC, ST 'CI E OF FLORIDA 11212973.1 3 EXHIBIT A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Miami - Dade, STATE OF FL, AND IS DESCRIBED AS FOLLOWS: Lots 7 and 8, the North 48 feet of Lot 9 and the North 48 feet of Lot 10, Block 1 I , of MAP OF WADDELL'S ADDITION TO THE TOWN OF MIAMI, a/k/a JOHNSON AND WADDELL'S ADDITION TO MIAMI and a/k/a WADDELL'S ADDITION TO MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 53, of the Public Records of Miami -Dade County, Florida. AN D Lots 11 through 14, Block 11, WADDELLS ADDITION, as recorded in Plat Book "B", at Page 53, Public Records of Miami -Dade County, Florida, more particularly described as follows: For a starting point, commence at the Northeast corner of NW Miami Court and NW 20 Street in the intersection of said Court with said street; thence proceed North along the East line of NW Miami Court a distance of 120 feet; thence proceed East at right angles to the last line a distance of 262 feet to the West line of North Miami Avenue; thence proceed South at right angles to the last line along the West line of North Miami Avenue a distance of 120 feet to the Northwest corner of the intersection of North Miami Avenue and NW 20 Street; thence proceed West at right angles to the last line along the North line of NW 20 Street a distance of 262 feet to the point of beginning which is also known as Lots 11, 12, 13 and 14, together with a 12 foot space between said Lots 11 and 14 on the West and Lots 12 and 13 on the East, all in Block 11, of WADDELL'S ADDITION, according to the Plat thereof, as recorded in Plat Book "B", at Page 53, of the Public Records of Miami -Dade County, Florida. LESS the following land conveyed to the City of Miami by Right -of -Way Quit Claim Deed, filed July 5, 2011, in Official Records Book 27743, at Page 4217: A STRIP OF LAND IN BLOCK II OF "JOHNSON AND WADELL ADDITION TO MIAMI", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B, AT PAGE 53, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 11 OF SAID "JOHNSON AND WADELL ADDITION TO MIAMI", AFOREMENTIONED, BOUNDED BY THE NORTH LINE OF LOT 8, BOUNDED BY THE SOUTH LINE OF LOT I3, BOUNDED BY THE ORIGINAL EAST LINE OF SAID BLOCK 11, AND BOUNDED BY A LINE 35 FEET WEST OF AND PARALLEL WITH THE CENTER LINE OF NORTH MIAMI AVENUE. SAID STRIP OF LAND ALSO INCLUDES THE PORTION OF THAT 12 FEET EAST -WEST ALLEY BETWEEN LOTS 9 AND 12 OF SAID BLOCK 11. 11212973.1 Exhibit B Proposed Tentative Plat of Miami Sun [See attached] 11212973.1 PREPARED BY MIAMI SUN A REPLAT OF LOTS 7 THROUGH 14, BLOCK 11 OF MAP OF WADDELL'S ADDITION TO THE TOWN OF MIAMI AS RECORDED IN PLAT BOOK B AT PAGE 53, AND PORTION OF THAT NORTH --SOUTH ALLEY LYING BETWEEN LOTS 9 AND 10, AND 11 AND 12 OF SAID BLOCK 11, LYING 1N THE SW OF THE SE } OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI DADE COUNTY, FLORIDA. SCALE 1"=30' E.R. BROWNELL & ASSOCIATES, INC. uP.LE.5wr1e.. CO064L4144 ENGINEERS LAND SURVEYORS 2434 SW 2Hih Loot. Munn,, Elo,ido, 33133 PHONE (305) 860-3866 PAX_ (305) Ei64-3870 EERTiFICATICH NO. L8 751 JOB NU41BEih 57505 GRAPHIC SCALE 01' .LAOE.E0E18NS LPIEDI PA 06.4..W,. P044 EL ▪ . ▪ 0IGpp 41* S SI.P..n.. 0AE el We. Rn.m Saw. - * - 1N „--_ ban: aT [P0 Pa1 P... 5 621 PO Cw0na Mr.w W.r,Pona In 844 1 Rom. D.ne.a'o. 09 E.11 D. mnaion ...a. an E. .n.. sn..L ASp. NO PLPigs44 L..e Pop E 1L ti __--1. 01.01x 41 10 FOE TaL`l xuw. 1Pe E PO 551 APRIL, 2012 ,L»'4NH b. .04541.1 .EELADI1T1CN NPa . PC Ed{ 10T 1; P:.W[ .0 I I DM or ..wELE-s Aonvm TO (TOWN OF a Po Di " )" I F LOT E. 0.061110 2100 smrMre t snat.• PA) wa NA) 3.410'011 OE) LOT : 000e 11 LOOT Of POD ik N Pr3 APc Sal 00Y 0, 9.000 11 114P O'm501,i9 SR95E•1* II EIn PF.f I : 1 ---Y- SUNGE! L03 t, 01.910. 1, 40 OF ..0XU.0 .x.1K* TO ,HE la...r Ma.. tPeews:v ipx e. OLeco 11 10.. a 9wa L ! Ste. eo-�in-y •. ti PAE:T dtr-lrl 1DM 41. 4.4 r.. ▪ `fie C Ji avert. 4,4 -'10; LOt1 IKON 10 TI-E I�ro`aLas as 0,If0PT,• •, .4 000 .waP� � 100 nr 01wl 3V' S -1 0 z 0 1. Iµ40 TO ink EE0140.40 OF FE OF EL .IIE 0DEBCFMED M, PI� wp ,m •Hwgf M•a Ls a ora n..., hsd+d l0 W W 1Y1000L1a.ppa. 1u 901.( TO. OF M. � I.alu 010 Fun 1.030.1.11 AOg11 0 s0 WPM ma ,en 04001LL's ,t 104 is kra Fawn To Pa .1 Om. ,..116F3a •E. Pak 140.13.1 ad> Lw4n1,180.14.Mei Pt P1AOOE6L5+.O1111-0n0. m... 141 . N.4..1.Y we..,l... .I OD. 0000, w. Fa ..Mgvo.4 [.amm .m. w PAP 00. •M91FM.NMmC.an N.Y08...1. P.4....mS..01G' .rkaww,ew�wr Ewa .I.1N.yn.w w.a..w. a0a0 Oa. 10. 11 10 M 11r..n..w ..0 wo1.9eLen poor•.*.N.R.Y..1...0.w Pa0• Awa. {1M1.1e*. laMlr.al mx.ldwer"n.eendoven End MP 011 l0' .W.•110* .0 S..w, 0 Lw 0 00 It a.. •5041.13 ..¢ 11.1.. E. +40.4 t 11Ie!D.TUN1 aa.V10 a 1 .O.IF.1, r .:awls . P1101*0 M A., -W M E'pF iT, Ws Pan J Mo.).s Comp Rti•. LEae..M..... aFeee..5.. . wua• N...M lasax.r•14 paj10 0. 3 a ...0. 001,, . 01..P Rmm� Paw. 4r1U. nAT P'.6Tn0n Or OVOID 11 OF WO' •uq .40E44 41. OF 404 4DOL.. IDE SOUTH LAE OF LOT 59 P.noti*OP'a1.l* EMT [MO, ea,foE'O Hr A LPE H MEI MMut1540 00 A.n POP. LE. PATH DE CE.TED 40E OF 40FIT11 DELM A..M1E 1 53 FEET 0. 34E.sT µLEY 5E11Ek:E4 LOT94.0910F .ate 010=t1 C. w 1ar,1,..5 ,,. W..IC.P.4 ... 01 44.4.M..15.1 1..4 eeN 11. • Pow...-1,.0.1 ,ate 0.41. a1..wm. 91I4l wa a ro.nA o-1 10mxm104 C.,^,W .x IYE.55 1:•44!04 4.40 n� 100 a.. 11. 0001 Iw. fL...w 0.5..• to • 0.4.1.0 eeee.h.r 6re0e P1mmV.�1 .NLxa.r....n 1M c.:... PNe1011L .,.I+,, 31 .. Wre •r F. OD. z, a.. IPd..... i, 0*000:_A w e,w►e„T.. COl 4 uw,. G.L.. ca 1.. TM w11Ps..F. a.. Nwr 41 wl.nrw .wMora „._E141009..n.Mtr,1..1n F.,.WTro. .• " A.. a100.15 11P ' '�.. N...N: .,•h w C41110 A !". 6nTorw.....inn m0.e s a•. w...wq 0, .. ce,1 a1 1a +,...mew .fora Raw.• W..'1.n...• Es.e: rne�., oven 00 ..+.I "., w w,... P. 1.• eer Fes•'4.l• on M �-1.lt p1 r awd a 1,. 10Y sw [ 00 0sI,1 11.. 0, F wt 00. IRO aa.,ma04144*. Nn q..E106Miwq +/PM .IP..ariml k.t�F .414 it .... It IT 40 11,a matte Ir cow-J.0 C.CRETE 41.5.13.4 ISM ir SOY ra •..r5 c...F1 4.4 sal r.iE1E a -M : M • -0' 04 00 1N ID •r CC....E1v LODIFFIF Us.. Pala low.. P. a.a Pri, Wm Pi. YMw i y. 4rw 10 001.114041141011114 Mmes 0 FOP. 0550 PPP, al: > '1 `4 Ap.na LTD CONTACT PE.. A Mao. toper e....a 01L a*. 404.ra ..aa owo ...1R.. ie. P Mw .1.i.ra....0.14.w P4n.1a^..1...•l a,* fa E 10110.0a Y... oa 1Niw Fb.w..• 0..,.a.l n. .1S'.m, ....•E.�wa MOO 010.01.4. NI A. 1a.w 4.,.r ee H. i.mw,.o' E++' P.am.O... C,L+,. 0.,N,M*. t-..,....e,.x. 0*40l G Pwr. 1W 10dtl0a we Llo. Raft Vwm Lam. 0..-.P.1 wi!as ..n 0 WN Foe 405.0500E .16....... 0414 .....w,. 1e..41 TM Avers *Da ,PP1V ka...c011 414wn•.• aa min an.. 41•- 50,11.En . e.,...40*1*l � n.T1«.P Tr. am. Uzi.. Mme.b *m.a,...,,...,.m. erns ItY1 wT19we. n owe. `"'a, on 40140 * ea,... NO NI .dFd 1+]Rn.,M. a 00 .. Fa ,.-, Nan 1...., w...,w ...esn el.1+v 14 a ��wmu b. LtM.q. F1.1. N 0Y. ow.b.. APa d k."...w m..4 ".4 e"�Pw +e.•en ,I r..r .u9yY0.. ORDTP90OI01431. 1001 ODO L..r0401T.0105.41. W.M�5M.4 6 P.ary saxes {Fenny 6 PA. 5901PR.6.P0.1i Tr.. e. .e....f�m.,a 11.'00.a..,. � wlwsw... „ nr cares.. Da I P Pw n.aa 1ha•m 1 �ma WOO tam 304.10.2 4.411.1 . T00i1 FAsma �n1400 Efi M*00010L,14.0400a+TL6..40. J7.:...--045.44 w. .vmw m. Tn. .00,r P.P. Mee .***..wP1 r.. Pops. Ma. an na lw saw. and Fax TENTATIVE PLAT -906 Exhibit C Chancery Court Order 91425-E [See attached] 11212973.1 1 OK &yl'•PArtiLq, ,. i ■�';: i, 4 THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, a body corporate and politic wader the laws of the State of F1drida, Plaintiff, ve. LAUR A A. T.UM , et al., 'TN THE CIRCUIT COURT Or THE EIXVI E .:Tunic IAL CIRCt1I T IN .AND: FOR DOE I CC TT, FLORIDA. IN_ HANCERT: j NO.:91425-E STIPULATION- AND OR1EF •. DI.9a(tS$Ala Defendants. The City of Miami, a municipal corporation in Dade:County under the laws of the State of Florida, having been made:a party: defendant to the above entitled cause for the reason that suoh defendant claimed a lien on the lands involved'tn such suit for sundry assessments levied and assessed thereon, afd.the said defendant, City of Miami, having received payment•in full for such assessments subsequent to the filing of such bill, and, therefore, claiming no further interest in end to such lands, it is hereby stipulated and agreed by and between the plaintiff end, the defenden City of Miami, by and through their undersigned solicitors, that. the above entitled cause be dismissed as to the defendants, City -of Miami. Dated at Miami, Florida, this i ¢ day of January, /949. f+1e1 'his .t day recorded it D. 19 SF this! day al « -- �/ 09 1n Chancery Order t? Try 4, L, ICAJIIERMAN. Clack Cirtui�d Deputy J. W. WATSON, .JR City Attorney, Solicitor for defendant, City, of Miami ..'.:.` The above ul►d foregoing utipultttan huvipg been pr•5s* the: Court and the a•part briiag tullr a iri,Nd i�a Y, imisa�a, ORDERED,.. A.DJUD�D�. D '.i 'SD. that ' suckstipuietiott and..the-.346e is" bersh a approved -;;and :`that : the above: entitles! pause ' be and L440s ie heraby diamiosed as to tJie ,detendant1 -City o: iir mi, ,a munioipal oarporaation in Dade: County, under- the iawa 0: the State or-1lorida. DONE :AND ORDERED In Chambere this :.I ;dey of ranuary, 1949. 111111111111111111111111111111111111111111111 1, This Instrument Prepared d iiyr Jesse M. >Ifeenan, Esquire Raker Cronly triossenhelmer, LLP 307 Continental Fuze 3258 Mary Street Coconut Grove, Florida 331.33 Telatrttono C30$} 444• 3Oe CFN 2007RO 36784 DR Bk 25426 Pv 341)2 r (1 as ) RECORDED 03/08/2007 11213:14 DEED D1C TAK 13r30I.0Q SURTAX 10,350.00 HARVEY RUV1Hr CLERK. OF COURT MIAI1t-DADE COUNTY' FLORIDA LAST PAGE THIS INDENTURE (this `Deed ') le ntsde this 2ith day of t=ehrm. 2007, by and between 2010 Ratdings, LLC„ a Florida limited 'lability comp any (hereinafter "liRr4N1'O8") and Southern Waste Systems, Ltd., a Florida iitaiItLd parteerehila (hereinafter" D") of790Rllibratb Drive, Lnalnns, Florida 33452. hPV1'[N13.'ti'SLTH Thar said GRA.I1'OIt, for and in nonsideration of the sum of 'Hen Dollars and other goad and valuable considerodeo, the receipt of which !s hereby acknowledged, hereby grants, bargains, sells surd conveys to said GRANITE, its successors and salsas, &II of lis tight, title and Interest ip sad to ace:tutu parcel of rani property, situate in Miami -Dade Courtly, Florida, more particularly tiesi'bcd as follows: Lots 1 and 8, the North 48 feet of Eat 9 and the North 4tl feet of Lot 10, ]Back 11 ar MAP OF WMJJ1 f.L'B ADDITION TO THE TOWN OF MifAMI, a1Wn JOHNSON AND WAD LL'S ADDITION TO MGM and slide WADDELL'S ADDITION TO IMAM according to lbe Plat thereof, as recorded In rut Book D, at Page 53 or the Public Records of MID tal ludo County, Florida, The Moral -dale Properly AsSessur°, IdmtIticatlon i+Itmgb era tor theProperty are 013125- 048.0380; 01 3125-t1413.03S0 and 01-31, 3G0. This Deed is mowed subject CO all restrictions, easements and limitations ortecard and ism for the year 2007. GRANTOR does hereby fully wart am titre to said properly and will defend the same against the lawful claims of all persons whomsoever. WITNESS the ORANTOR bus caused ads deed to be executed the day and year first written above at New York, Now York. 2010 Holdings, LLC, a Florida limited liability company, by its rummaging member, 200.5 Miami lioidings, 1.t.Cs., a Florida limited liability company By: NAM''; Selig s.1ra, Managing Member ADDRESS: 41D Avenue New Yank, New York 10022 STAB OF NEW YMRJQ ss cowry OF NEW YORX) THEIST PERSONALLY APPEARM DEitORB M$, nn officer duly authorized to adathhisler oaths and receive acknowledgments within the State of New York, Selig Sacks, as managing member of 2005 Miami Holdings, 1.1.C., a Florida limited Liability company,1a its capacity as managing member for 2010Ifoidings LLC, a Florida linrilyd liability company, who, having produced a current Now York Slate driver's Arcata as adequate photographic identification and acting with due cmnpany authority, did execnte the foregoing Warranty Deed before me as the act end deed of said companies. WITNESS MY HAND AND OFFICIAL SEAL ads µh,ga of February 2007 at N®w, York, NAME: NOTARY PURL1C, STATE OF NEW YORK£ AT LAROE My Csts>imiasion Expires: RISA HAA3 Notary Public, H State Of New York 2904 Qualified In Kings County Commission Expires May 31, 2007 RAKER CRONNG GAM WHIIPAR, LIP, motion 27 LAW aerCelosn24Pteq, I2 3May6atoel.&cowlGroin,Ftrkiaa3433TeON.Bost444.inariToleractJaikit$M442 344 800k25426/Page34O2 CFN#20070236784 Page 1 of 1 iF d delivered DIs'7 R113C177t1N MANAGEMENT SERVICES, INC Record and return to: Marie E. Rousso, Esq. Roth, Rousso & Carracll, P.A. 3440 Hollywood Boulevard, Suite 360 Hollywood, FL 33021 Prsparaa Dye M1Cff4 FEL, D. hrYAIA , ESQ. 11601 aradowe &mks.or d -1201 Mewl, d MN Propcdg Appsniur Facet r.Il. Gamackj I. t1 d: Ilia l INIIIIIIN111311111111 CFN 2003RO523.1O6 OR Sk 21467 Ns 2252 - 22531 (215e0 RECORDED 07/29/2003 15:01:45 DEED DOC TAX 6r300.00 SURTAX 4025.00 HARVEY RUVIHr CLERK OF COURT fllA11-DADE CROHTYr FLORIDA WARRAN'I'V DEED THIS WARRANTY DEED Made this li dew• of , 2003, between DISTRIBUTION MANAGEMENT SERVICES, INC, a Florida corporation, hereinafter called the Grantor, to SOUTHERN WASTE SYSTEMS LIMITED. whose address is 790 Ilillhreth Drive, Lantana, Florida 33462. hereinafter called the Grantee. JPITN SSETN, that said Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.0O) DOLLARS, and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens. remises, releases, conveys and conlinns unto the Grantee, 1009/a undivided interest in ail that certain land situate, Nine and being in Miami -Dade County, Florida, to writ: LOTS 11 THROUGH 14, BLOCK 11, WADDELLS ADDITION, AS RECORDED 1N PLAT DOOR 13, AT PAGE 53, PUBLIC RECORDS OF MIAMI-AADE COUNTY, FLORIDA, d% f a .G'k eKf+L4 1ENT "A' aket futre't'o Q &kalt Q. fart he n4f- SUBJECTTO: All valid restrictions. condirirms. reservations and casements of record. TOGETHER with all the tenements. hereditament,: and appurtenances thereto belonging or in anywise appertaining. Tlt3HAVE AND Ti0HOLD, the same in fa; ,:nnlpk: ibruver. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and Ion-firl authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and n'iII defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent to December 31, 2002, IN 1y7TNESS WHEREOF, Grantor has iscrcanrn rat its hand and seal the day and year first above written. Signed,'sealed in our psen STATE OF FLORIDA COUNTY OFDADE i 1 f. o :reer rill, President I HEREBY CER77FY THAT oil the ig AI" . f •Tir 2003, before me; an dater duly anlltarized to administer oaths Rod take ackaowlcdgmeats. pe naily appeared LEO GREENFIELD as President of DISTRIBUTION MANAGEMENT SERI'IC'F..S, INC-.. , to me personally known, er-hientilletrby -� and knms a to ate In be the same person described in and who executed the ibregoing instrument who acknowledged heroic use thin he cxocuted the same on behalf of the corporation, for the purposes herein stated. IN TESTIMONY WHEREOF 1 hove hersnnia mtvtcribeaf my name and affixed by seal of office the day and year last above written. 61411emw.do-c 21lia� Notary Nrlhlie Slarc of Florida fFri,u i're,uv).. OFFICIAL NaT'ARYSEAL MARK. CASTELIDH0 NcFARYPI1i3r.1C Sr,;7E D0117887 aF ».OR®A COMM;5= : _ ..ia. MY COW, 1- -xryMAY14 Book21467JPage2252 Page 1 of 2 Exhibit "A" LEGAL DESCRIPTION A strip of land in Block 11, WADDEL'S ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof, as recorded in Plat Book B at Page 53 of the Public Records of Miaml-Dade County, Florida, and being more particularly described as follows: That portion of a 12 foot alley running north -south lying between the east boundary of Lots 7, 10, 11 and 14 and the west boundary of Lots 8, 9, 12 and 13, and bounded by the north Ilne of Lot 7 extended to intersect the north line of Lot 8; and bounded by the south line of Lot 14 extended to the south line of Lot 13, all in said Block 11 of WADDELS ADDITION TO THE CITY OF MIAMI, aforementioned, containing 2634 square feet or 0.06 acres, AND A strip of land in Block 11, WADDELS ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof. as recorded in Plat Book B at Page 53 of the Public Records of Miami -Dade County, Florida, and being more particularly described as follows: That 12 foot east -west alley bounded by the south line of the north 48 feet of Lots 9 and 10, bounded by the north line of Lots 11 and 12, bounded by the west right-of-way line of North Miami Avenue, and bounded by the east right-of-way line of N.W. Miami Court, all in said Block 11 of WADDEL'S ADDITION TO THE CITY OF MIAMI, aforementioned, and containing 3011.74 square feet or 0.07 acres. SURVEYOR'S NOTES. Ci (P) C R? PB PG DENOTES CENTERLINE 25' iIP IAWC) ILI.I CC' • W a�$ -— is NW 2 th STREET [+--- , 64' 56' 44' E 309, 92' [ C1 • 3 ._W T Ed 6 481. E6' LU LU r • Sia'V54'E % 53 U E k 17, 2rdP) L i1310 3r[c] y _ z: ' SI'Vt6'E 12fi.t1'[Cl k; Sfi'Eg'eQ'"E 1i1.W(C1 `w _.. WEI ■ MU Cif 14 -- 13 [P) t0.09'[t] ai(J lat>Sr'(o1 1tt19'59'074 31L95" NW 20th STREET DENOTES CALCULATED DIMENSION DENOTES PLATTED D I TENS I OH BASED ON RECORD PLAT DIMENSION DENOTES PLAT GOOK DENOTES PAGE BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WERE THE WEST LINE OF BLOCK it BEARS NOD'AD'49'E THIS IS SKETCH DOES NOT REPRESENT A FIELD BOUNDARY SURVEY AGE 2 of 2 PREPARED I3Y'.4— S .E'CH TO ACCCKPAMY LEGAL DESCP I PT I ON BLOCK iLAND JOHNSON AND WAOOELL' S ADDITION TO M I AM I PLAT BOOK ' B', PAGE 53 E. R. BROWNELL &t ASS ! ATES, INC. SURVEYORS — CONSU.TLN ENGINEERS 2434 54i 28th LANE WWI. A I. FL 33f33 C 3O5J 6GCf-3Ei6O OR. BY: TB DATE : 0S-07— SK. `S 9-2Eg3A JOB * 57505 , SCALE: !' • i{)R' D9LiiBIT i 1STS tF *&nl.E NES Ail) IS OE CAPLEfE KESS ATOM 1311E 91E ON1I1xTE IF JurniLRIpt 101 02/20/2014 17:20 FAX 3058603870 E R BROWNELL & ASSOC. 1I002/005 Exhibit "A" LEGAL DESCRIPTION A strip of land in Block 11, WADDEL'S ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof, as recorded in Pat Book B at Page 53 of the Public Records of Miami -Dade County, Florida, and being more particularly described as follows: That portion of a 12 foot alley running north -south lying between the east boundary of Lots 7, 10, 11 and 14 and the west boundary of Lots 8, 9, 12 and 13, and bounded by the north line of Lot 7 extended to intersect the north line of Lot 3; and bounded by the south line of Lot 14 extended to the south line of Lot 13, all in said Block 11 of WADDEL'S ADDITION TO THE CITY OF MIAMI, aforementioned, containing 2634 square feet or 0.06 acres, AND A strip of land in Block 11, WADDEL'S ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof. as recorded in Hat Book B at Page 53 of the Public Records of Miami -Dade County, Florida, and being more particularly described as follows. That 12 foot east -west alley bounded by the south line of the north 43 feet of Lots 9 and 10, bounded by the north line of Lots 11 and 12, bounded by the west right-of-way line of North Miami Avenue, and bounded by the east right-of-way line of N.W. Miami Court, all in said Block 11 of WADDEL'S ADDITION TO THE CITY OF MIAMI. aforementioned, and containing 3011.74 square feet or 0.07 acres.