HomeMy WebLinkAboutPZAB 03-05-14 Supporting DocsPZAB.1
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PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
07-01499ac1 Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF
THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING,
VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
NORTH/SOUTH AND EAST/WEST ALLEYS LOCATED BETWEEN NORTH
MIAMI AVENUE AND NORTHWEST MIAMI COURT FROM NORTHWEST
20TH STREET TO APPROXIMATELY 215 FEET NORTH OF NORTHWEST
20TH STREET, MIAMI, FLORIDA.
Approximately between N Miami Avenue and NW Miami Court from NW 20th
Street to approximately 215 Feet North of NW 20th Street [Commissioner Marc
David Sarnoff - District 2]
Miguel Diaz de la Portilla, Esquire and Elinette Ruiz, Esquire, on behalf of
Southern Waste Systems, Ltd.
200 S Biscayne Boulevard, 36th Floor
Miami, FL 33131
(305) 428-4543
The alley closures and unification of the site will enable a modern, clean
recycling/processing center to be constructed and reduce the amount of
material otherwise deposited in landfills.
Planning and Zoning
Department
Recommendation: Approval.
Public Works
Department
Recommendation: Approval.
Plat and Street
Committee
Recommendation: Recommended approval on February 6, 2014 by a vote of 6-0.
Planning, Zoning and
Appeals Board: March 5, 2014
City of Miami
Planning and Zoning Department
Land.:Development Section
File ID#:07-01499ac1
ANALYSIS FOR
ALLEY CLOSURE
Request: Pursuant to Section 55-15 (c) of the Miami City Code, the Planning Department has
reviewed the proposed public right-of-way vacation and closure to determine whether it is in the
public interest, or whether the general public would benefit from the vacation of the right-of-way.
Project: Closing, vacating, abandoning and discontinuing for public use alleys
Location: NORTH/SOUTH AND EAST/WEST ALLEYS LOCATED BETWEEN NORTH
MIAMI AVENUE AND NW MIAMI COURT FROM NW 20TH STREET TO
APPROXIMATELY 215 FEET NORTH OF NW 20TH STREET, MIAMI, FLORIDA
Net District: Wynwood / Edgewater
Folio #: N/A Square footage: N/A
Current Zoning Designation: N/A
FINDINGS AND COMMENTS:
1. The current alleys are very narrow and vehicular access is not available. A replacement
alley is being dedicated by this plat that is wider than the existing alleys and will provide
improved access. The alleys are currently not being used for its intended purpose and
presents security and illicit activity problems. The closure of the current alleys, creation
of a wider alley between North Miami Avenue and NW Miami Court and unification of the
site will enable a modern, clean recycling/processing plant to be constructed and reduce
the amount of material otherwise deposited in landfills.
2. The existing alleys are too narrow for vehicular access by police, fire, emergency
vehicles or the general public.
3. There are three street frontages to this property and emergency vehicle access will not
be negatively affected by the alley closures.
4. A wider alley will be provided between North Miami Avenue and NW Miami Court that
better accommodates vehicular and pedestrians and maintains the continuity of the grid .
5. The Plat and Street Committee members voted to recommend 6 in favor and 0 in denial
of these alley closure requests.
K. Cooper Page 1 of 2
-City of Miami
Planning and Zoning Department
LandDevelopment Section
Based on the above findings, the Planning and Zoning Department recommends
Approval of the request.
02/21/2014
K. Cooper Page 2 of 2
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JOHNNY MARTINEZ, P.E.
City Manager
February 7, 2014
Southern Waste Systems, LID
790 Hillbrath Drive
Lantana, FL 33462
Ladies and Gentlemen:
MIAMI SUN (SIXTH RESUBMITTAL)
TENTATIVE PLAT # 1734-F
Located along NW 20 Street between NW Miami Court and North'Miami Avenue
The City of Miami Plat and Street Committee, at its meeting of February 6, 2014 approved the above
tentative plat subject to the following revisions being made to the tentative plat, additional information
being provided and/or variances being granted. Please be advised that the processing of your tentative plat
cannot proceed until these conditions have been satisfied:
1. Be more specific about the proposed development intent, new equipment and new buildings.
2. Existing utilities in the alleys to be closed and vacated must be relocated or easement must be
created.
3. All encroachments across proposed lot lines and across alley must be removed prior to final plat
submittal.
4. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of
final plat submittal.
5. Backup documentation will be required for all who execute the final plat. A resolution for
authority to execute documents and a Certificate of Good Standing from the Secretary of State are
required, if applicable.
6. Tentative plat application must be made with the Miami -Dade County Public Works/Waste
Management Department after receiving approval from the City of Miami Plat and Street
Committee.
7. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is
the owner's responsibility to work with the surveyor and his attorney to assure that everything is
in order before submitting the final plat package.
8. Be advised that if all requirements for scheduling the final plat for the City Commission action
are not in order, the final plat will not be scheduled for a City Commission meeting.
9. A letter from Comcast is required to determine if any adjustments to their facilities or
easements are required.
10. Provide all exhibits for the Opinion of Title.
11. An opinion of title as to the reversionary rights for the right-of-way to be closed and
vacated will be required by the Planning, Zoning and Appeals Board. The opinion of title
must also address whether or not there are individuals, in addition to the abutting
DEPARTMENT OF PUBLIC WORKS
444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200/ Fax: (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
Southern Waste Systems, LTD
February 7, 2014
Page 2 of 3
property owners, having an interest in the right-of-way to be closed and vacated. A copy
of the opinion of title must be provided to the Public Works Department.
12. The Planning, Zoning and Appeals Board will require a sketch and legal description with
a square footage, on an 8 1/z" x 11" paper, for the proposed closure. Contact the Office of
Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Depaitlaient.
13. The Plat and Street Committee has reviewed the tentative plat of MIAMI SUN
subdivision and determined that all technical requirements contained in the Miami City
Code Subdivision Regulations have been met and has approved the tentative plat. The
members of the Plat and Street Committee have further considered the request for
vacation and closure of the east/west and north/south portion of the alley with respect to
the Miami City Code requirements and have voted to recommend 6 in favor and 0 in
denial of this vacation and closure request.
In addition to the above requirements, you should be aware of the following:
1. State and local laws require the installation of various physical improvements in the
public rights -of -way when property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. In some cases this could
represent a substantial investment on your part.
REQUIRED: The submission of an electronic copy of the tentative plat, in an
AutoCAD version, to the City of Miami Public Works Department, Roadway Plans
Section will EXPEDITE the preparation and enhance the ACCURACY of the
subdivision improvement letter required for the final plat approval.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers,
electric, telephone, water, etc., caused by this plat will be at the property owner's
expense. Also, utility easements may be required on the property being platted.
3. A building peiinit will not be issued on the property being platted until the final plat
is recorded or as authorized by the City of Miami Code Section 55-10(i). Also, the
Certificate of Occupancy for any building construction will be issued only after all.
the required subdivision improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue
Department prior to the issuance of a building permit.
5. In order to mitigate problems associated with access and construction activities
throughout the neighborhood, the contractor/developer is encouraged to notify the
affected neighborhood residents, in writing, of the project starting and completion
dates at the time of issuance of permits. The contractor/developer may coordinate the
notification of residents with the local City of Miami NET Service Center.
6. Additional items must be provided to the City of Miami Department of Public Works
before the final plat is submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the amount of the bond has been
determined for the necessary subdivision improvements.
7. Tentative plat approval is only valid for one (1) year and six (6) months from the date
of the Plat and Street Committee meeting at which time it was approved.
Southern Waste Systems, LTD
February 7, 2014
Page 2 of 3
If you have any questions concerning these requirements, please refer to the attached sheet for the
appropriate person to contact.
Sincerely,
zeribe lhekwaba, Ph.D., P.E.
Director of Public Works
N / jd
zITl+G4'
Enclosure: Contact Sheet
c: Angel Lopez
E.R. Brownell & Associates, Inc
2434 SW 28 Lane
Miami, FL 33133
Miguel Diaz de la Portilla & Elinette Ruiz
Arnstein & Lehr LLP
200 South Biscayne Boulevard, Suite 3600
Miami, FL 33131-2395
Plat and Street Committee Members
Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works
Survey
Development and Roadway Plans
Central
ARNSTEIN 86 LEHR LLP
Serving clients for 120 years.
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
zoo South Biscayne Boulevard • Suite 3600
Miami, Florida 33131
Phone 305.374.3330 • Fax 305.374.4744
www.arnstein.com
Elinette Ruiz
305.428.4543
mdportilla@arnstein.com
r. t
rrj
.,
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 LAUDERDALE MIAMI TAMPA WEST PALM BEACH BOCA RATON
Arnstein & Lehr LLP is a member of the International Lawyers Network
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;
ii. 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 86 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 jobs
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
3500 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 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 CORRECTNESSe-
JULIE O. BRU
CITY ATTORNEY
City of Miami Pagel oft EXHIBIT Printed On: 10/7/2008
3
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: 10/7/2008
i i •
13 4
TN TME:CIRODiT COURT 0? ELF*
JUDICTAL CIROUIT.114•A3040RDANIU
COUNTY, FLORIDA., .'IN E3GNR
!.i. 140..;414254
PEE BOARD OF PUBLIC INSTRUCTION
OF DADE COUNTY, FLORIDA, a body
corporate and politic under the
laws of the State of Fldrida,
Plaintiff,
vs.
LAURA A. lUM, et al.,
)
The
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'in such suit for
sundry assessments levied and assessed thereon, anethe said •
defendant, City of Miami, having received payment in full tor MCh,
•
assessments subsequent to the filing of such bill, and, therap3re..
claiming no further interest in and to such lands, it is horeby
stipulated and agreed by and between the plaintiff and the defe00i
•
City of Miami, by and through their undersigned solicitorS, that
the above entitled cause be dismissed as to the defendant, Clti.of
Miami.
STIPULATION AND ORDER.OF DISMISSAL
Defendants.
• :
City of Miami, a municipal corporation in Dada County
pi I
• .
Dated at Miami, Florida, this
thiS .1141Y of ... .. . L0-101
iecorded this,?.. day tel.
Chaocely We: l'aChr? Pag..49",47 or
‘
Usit,Omui)k01-1A J. W. WATSON,
Deputy City Attorney, soliclitir;. to
defendant,',City.07 11100:
t/
• By
/7 of Januaii, 1949.:
hil)ORDER 07 D. TqqAtii
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VACATION AND CLOSURE AFT
PATIQN
2014 FEES 13 PM 4: 38
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamiqov.com/hearing boards 07-0
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 (8'AZx11") 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) 8Y2x11" 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.
5. 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:
a Planning, Zoning and Appeals Board 30 minutes and/or C City 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.
Name Miguel Diaz de la Portilla, Esq.
Telephone 305-428-4543
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Address
E-mail
Arnstein & Lehr, LLP
200 S. Biscayne Boulevard
36th Floor
mdportilla@arnstein.com
The foregoing was acknowledged before me this 0 dayof �(.- r u. Ui
20 14 , by Miguel Diaz de la Portilla
who is a(n) indbaidttalipartnerlagent/wpamtjarx of Southern Waste Systems, Ltd. a(n)
FMintiteanigiceiedcorporation. He/See is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
i Notary Public State of Florida
t� `F Blanca E. Femandez
My Commission EE 206369
tog OF Expiry 06/26/2016
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 heicstfe is the EIVArecardixec 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, 53 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.
Miguel Diaz de la Portilla
Applicant(s) Name Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE �l
The foregoing was acknowledged before me this i� day of _ J i (LcR-v--
20 14 by Miguel Diaz de la Portilla
who is a(n)AndividualipartnerJagenttcorporattortcof Southern Waste Systems. Ltd. a(n)
3tustivctduellpartniusthlpicorporation. He/Stitaxis personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Notary Public State of Florida
Blanca E. Femandez
P My Commission EE 206369
Expires 06/25/2016
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 *reishe is the otAccreparctlxec 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
cant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this `aday of JaAk_ i.ca
20 14 by Elinette Ruiz
who is a(n)i xi li ex/agenttxorpttorxof Southern Waste Systems. Ltd. a(n)
ituttadualicartmushIpicorporation. She is personally known to me or who has produced
as identification and who did (did not) take an oath.
ak-eURA-a.
. c
(Stamp) Signature
Notary Public State of Florida
Blanca E. Femandez
My Commission EE 206369
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
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.
rt
/2.)
•
Notary Public C7/+n< _ a
CANDIE M COLLINS
Notary Public - State of Florida
My Comm. Expires Apr 3, 2015
Commission # EE 80426
VACATION AND CLOSURE APPLICATION
1.
DISCLOSURE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a
presentation, request or petition. Accordingly, disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their address(es) and
proportionate interest are required. Please supply additional lists, if 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.
2. 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 "B".
Street Address(es): Legal Description(s):
Miguel Diaz de la Portilla, Esq.
agegsper Attorney Name
fiWitidOofx4ttorney
Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 3 day of TCLX\
20 14 , by Miguel Diaz de la Portilla
who is a(n) inxtimid tealagent/coparatkan of Southern Waste Systems, Ltd. a(n)
4-fidNilnialtpisit'ifibii /corporation. _ILIgiStre is personally known to me or who has produced
as identification and who did (did not) take an oath.
ak CL,e,t
(Stamp)
ctO nu Notary Public State of Florida
g �a Blanca
Commission Myandez
i s oEE 206369
�+p a 11,Expires 06/25/2016
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 Tying
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, 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 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.
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 examined a First American Title Insurance
Company Commitment for Title Insurance covering the period from the beginning to the 11th
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 '/2 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 1/2 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'/2 and W'/2 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, a/k/a 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 Miami -
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 B hereto.
I, the undersigned, further certify that I am an attorney -at -law duly itted to practice in
the State of Florida, and a member in good standing of the Florida,
Respectfully submitted this 6th day of January, 201
By:
State of Florida
County of Miami -Dade
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 foregoi�n -instruction was acknowledged before me this �) day of January, 2014, by
XmAa) Pi ZW , who is personally known to me
PY'''s: BRIDGET R. HIGGINS
;,,: MY COMMISSION # EE 222601
ate° EXPIRES: December 5, 2016
1fir 11,V Bonded Thru Notary Public Underwriters
NOTARY PUBLIC, ST 1 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 11, 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.
AND
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 11 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 13, 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
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— — — m 11
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(C) Calculated Dimension.(R) Record N
(6A) Dimension base y Athos Seel [�1
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PREPARED BY
E.R. BROWNELL & ASSOCIATES, INC.
CONSULTINGENGINEERS LAND SURVEYORS
2434 SW 28th Lone Miami. Florida, 33133
PHONE: (305) 860-3866 FAX: (305) 860-3870
CERTIFICATION No. LB 761 JOB NUMBER: 57505
GRAPHIC SCALE
)
1 bamw Far 6
1.431,
.20'.
AREA
(To be dedicated by Ins Plot)
ABBREMATONS
Power Pole Wood
Mo Water
Drainage
Single
Sign Support
Slo
Fire oe Water Valve
Manhole Sanitary
Cos Vow
Polo
MonitoringInlet
Manhole Electric
l Wire Pull Box
Concrete Power Pole
Guy
— — Overhead Wes Line
—. — Sanitary Sewer Una
- — Storsn Sewer Line
NU
OJ
a
3
N
0
LOT 1, BLOCK r 9
To THE TOWN OF IMIAMII 2
(PB B PG 53)
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 IN THE SW } OF THE SE } OF SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST,
CITY OF MIAMI, MIAMI DADE COUNTY, FLORIDA.
APRIL, 2012
JOHNSON k WADDELL'S
RESUBDIV190N
(PEI 6 PC 66)
LOT 15, LOCI( 10
27st
S131256.44.E 30669' (M) 3067;(CA)
56956'44'E 30602'
MAP OF WADDELL'S ADDITION
TO THE TOWN OF MIAMI
(PEI B PC 53)
LOT 13. BLOCK 10
249.10'(M) (C)
LOT Z BLOCK 11
MAP OF WADDELL'S ADDITION
TO THE TOW OF MIAMI
(00 O53)
5772E£T
LOT I. BLOCK II
MAP OF WADDELL'S ADDITION
TO THE TOWN OF MIAMI O
(PE B 53)
LOT 5. BLOCK 11 W LOT 5, BLOCK 11
MAP OF WADDELL'S Pe
it oA ny o 25' P T15.10,,�s 50956'54'E
•���• i•i��i•gavlrs^ �D4�ys•� r'
31E TOWN OF MIAMI
or Tanmaawwq rnaT
"y3 C /3 L��. � fins') Ixamwasl , (j35993 eall R 2500 , 1 1 _ N
L 3915 ,�
1' l iP. MN ""`OIMI yL•Fk14 Ii'kl4_S20L'.s1L cleowS'�:�\ I+ /J � •s'VEINEVAT-Mniffinianti3fibliffirtEirg, NW',"
W 1/4, / an 251-53
Sau1M1ne 0
9.oTE 311 95 (M) (CAL 41 !sat /O4 •eau
20th4.SBBSB o7 ]115 �/ $ e ttV b
a , 6' /:a5 •a
N.W.
15 I 16 tT LOT 1, BLOCK 20
THE ILLER PROPERTY r WADDELL'S ADDITION TO THE TOWN OF MIAMI
NI
43 PC 22)I I I (PR B PC 53)
SCALE 1"=30'
LEDAL DESCRIPTION:
T. LAND
REFERRED TO
STATE OF FLE,aro Is DESCRIBED avows win
BlockIt of MAP OF WADDDELL9 ADDITION TO THE TOWN OF MIAMI,
added JOHLSON AND WADDELL'S ADDITION TO MWA a a
WADDELL'S ADDITION TO MW W, award., m fat Plat Meaaf, n
Coin Pat Book ie2 at Pap 53, Here Pubic Recmtls M Mamb-0ade
unty..ride
AND
Lots 11 through 14, Block 11, WADDELLS ADDITION, as recorded in Plat
Bach al p3, Pubic RacordS of MamNDMmore . County, Florida re
l ...I described mfolo.:
;Ed 0 1 °Sid; `H N1a3(5505.1165said Northeast comer
l15.wit",a I0EC Me0000
M along the East tine of NW Miami Court a esMnce of120
lna
est tone proceed Fast at rg5 angles fo ow aid line a di0aae of 262
Net N.M. of North Miami Avenue; tone proceed Sohn at right
angies to Me last tknealong Ore Wars line of Novi Miami Avenue a
mke N 120 Met a me Northwest comer of be intersection of North
Sheet lone proceed Vast et rig. rag. to
Me last km along the North line d NW 20 Steel a dsance of 262 feet to
of Maiming Mich ¢ also known as Loa 11, 12 13 and 1a,
m5, r11ima 13n,a0spaa bema6neau Loa 11 and 14 On me West
and Ears, alb Back 11, of WADDELL'S ADDITION
exerting or the Plat thereof, as moon. in Pat Book'B', at Pap 63, of
Me Public Records of MlamNDad County, Far..
LESS the following land omeyed M the City of Maml M R144<Wgay
Oak CtaM Dead, filed July 5, 2011, In OEclel Remind Book 22343,
ge 4312
THAT PORTION OF BLOCK 11 OF D'JOHNSON AND WADELL
wMI%AFOREMENTIONED, BOUNDED BY THE NORTH
LINE ADDITION
iota BOUNDED BY SOUTH LINE OF LOT 13,
BOUNDED BY TIE ORIGINAL EAST THE
F
BOUNDEDSAID BLOCK 11, AND BY A LINE 35 FEET WEST OF AND
WI
TH ITH THE CENTER LINE of NORTH MMMI AVENUE
SAID STRIP OF LAND ALSO INCLUDES THE PORTION OF THAT 12
FEET EAST WESTALLEY BETWEEN LOTS 9 AND 12 OF .0 BLOCK
11.
SURVEYOR'S NOTES:
BeaMgs arebased en an assum. meridian were re Ml the monument line
dNW
Miami court beers North 00.40519. East
Elevations are refened Cat of Miami Mean Law Water Da:m
a city of i Beopmark, gm sane Ming a PK
rein abrass xewnr Mam. n Northwest comer d the 'intersection d N
N.W.Miami Avenue and 30th SM ., elevation 15.931
vn Carom to Note,
otee,'nbee arm City d Miami
too n0Jw.0.Vertical...,e11 O (NOVO) k trs 0.26ML
The Subject Property s. flood
dogs nal ro whbn a Saeod Hamel Area
(SF.) as so on the National F1n0d (mueoe Programs, Flood
Insurance Rao i r Miami -Dade County, Flo. and Incorporated
Aries Map312L, Commuwy No. 12.0, oaring a revised
date of September 11, 2003. said rap delineates to herein described
land m05 situ.d whinne ZoX, an area determined ea be omsbe of the
annual...4.44a,
The Sub.Propem is located whin the 05bk1 zoo Wort Pace (DD.
Man, 21 Atlas, as adapted by pre Mao 21 Code. under
Adele 2, Section 2A (es depded on tat City or Mamb °reline OM Lana
� nerne0 Ape melon). The components al tat Mamo l 21 Cofor 1M
CI(are u(WN29.0 the regulations
anasundrdbehgdfinMs Section
Right of
am me city° Mum Pudon
Woorkks Department a to rded Mun'm°Wpel atlas
local-ions• and hasnot
2 been bw beb.t2 by me Surveyor Right of Way
abstra.d nor are City
a M robe Dry otAdas SM1.mt My have n5Mnebtt2sn
e.ance of ouEbcaon antler use of bw descried parcel for RighHF
e. are shown on this survey ORM..
rve 0100. s
not wlraeedown anmea r nyyrcre.rtl(05 011 instruments
o MRwghbf-
dssra,Mn, es It legal
appears on this tlreMM
rid P2) ekniat Piers. 2 (CmC) 552 record a2MOr
Pat an le llegl d0Wle is sc1002n a N hereon.
Record Ulrela(OraN) are
are
based on the City of M Depdirectlye1MuMunicipal Mu
• Measure
(We are based uma
mo elodaia u moon on chi
of ml Pubic Works Dedemon Municipal Atlas Sheets,
rewind plats
onas
b measunn.a.
Only Me sorrsce indrsaMns of Surveyor has p.m. nosubcu1ce 5mwstgt5n Lime. underar mid
amWade Water and Sewer Deame0
e.we . and Me cayma Mu x' UnMepauna Imo. aid should be usw
s undrgeood 511les a w. 00 to post
eVideM careen.
yTuatble ppinteloaltoes es strewn on 035sile.. Owner or his
eae a should
verify el uWry bcauou orb be ppropeare coley provider
Although ore was taken quid the beneoaeo of the tress rated hereon,
an tlandaadvanmd 022(05 arcin hitect, 'mob n65 25050 A MM1
aneeainn of are.,¢ rind sou be a
The sketch shown hereon in Its graphic form I Me record depletion or Ma
supplantedsurveyed lands described luirah and h no circumstances be
besogler °15200or of,1 Thrsmap Is intended displayed at9e of 1313 or smaller. thmaximume
displayed a M survey nt sae., Oa...
a _ere oopez�on Ma display.
The aprem IwrPom ter dosing 10 alloy 'sto mare room far 1M mere.,
new saYhim and operat.n of low Mildnp and mechbery as wla
Mr .mal.cks traffic forte recycling of wade ma...
OG0d1 MAP
Portman of SW si.tsE) h. Section 25,
Township 3
e 41
DEVELOPMENT INFORMATION:
Recyckrq Equipment and a Hoses. coo sewn loot Pre -Fab Bu1tlb9
ern n parsdng Mrs.
RLAISER
STRUCTURE
RIM ELEV
13 78
LOC
ELEV
DESCRIMEN
(20MeTE5
CONCRETE
11 58
coNcRETE
Oat. Basin
NE
12- CONCRETE
SW
11 75
12 CONCRETE
Cinch Beers
14.3
13. CUT
Catch Beers
1414
17 CONCRETE
IT CONCRETE
manhole Marne.
14.88
8.91
CONCIIETE
M..M. Orm9e
20' CONCRETE
CoNcRETE
le at
Manhole Drainage
10.26
coNcREIE
SE
5.01
Pug
12 CONCRETE
24. CONCRETE
NE
10.41
12 CONCRETE
Manhole Dmak.ge
coNcRETE
sta
11.45
12 CONCRETE
11.45
CoNcRETE
11 45
, CONCRETE
Tree
Trunk Size
1h.MA
1Nomans Ton,
10
10
Womans Tongue
Salltane Palm
Sob., e Palm
seaters Palm
POchopeaa eapam
Aarw L.bmck
Pryemamna ea¢m
Prychesmae exswn
Cocos nucdtra
be
10
10
10
Olean Palm
Womars Tangle
10
10
SO
SURVEYOR'S NOTES:
Number of Number of Net eares
Humber of G tines
• of W.r
Methotla Sewer
Number of PRM
Number of PCP
Flood Crr.a
OWNERS NAAEr
saMMm Wa. Systems, LTD
Lanlane, FL 33462
CONTACT PERSON:
Elm. Ru
ARRNSTEINi
200 South Biscayne Bouawrd
Sule th
• F
Phone 306.4384533
Far 305.675.M6
SURVEYORS CERRPIcATION:
53,607 square feat (1.23 tines)
56.eas swan wt(1 Stites)
easing)
ndery sewer I+aisMgl
4 PCP
5.0 48120 PG 13)
Thrs is to car. that Men are no emtb9sMdures, Mprmnmena, ul6Ns
or easementsrecord on or qua leDe and Munn Yecnotl auger
Man as shown hereon, and teal this ere toe and w MBooundary and Survey
and h. been
further 0Nfyt MM ..'Tooke PVC' mats thersMini= Technbe
ors and
UtMt,t u aesdhr. lln C
hapter 5J.17, Fonda 0mn100 ice CoFlood& BOard of Professional de, under
eMos 5,11)
472027, Fbnm Stars.. t .0 z am t . punuot m .Ner
E. R BROWNELL AND ASSOCIATES INC.
Thomas wand Surveyor NobwPrmide- nt
ProlSte eesof Floricla
The survey map and no. report orate opiez Hereof are otwkd
• t sgnovn and the 0rgiwl raked seal of a Florida Nmmetl
...and mapper.
TENTATIVE PLAT
T-906
Exhibit C
Chancery Court Order 91425-E
[See attached]
11212973.1
BOOK:
I,) 4
IN TIM CIRCUIT COURT 0R THE : PLll9L1
.JUDICIALCIRCOIT; hit AND 'FOR' DADS;;
COUN'iTT, PLORIDA.. TN:,ICRA`"
0...=91425-g:.
THE BOARD OF PUBLIC INSTRUCTION
OF DADE COUNTY, FLORIDA, a body
corporate and politic under the
laws of the State of Florida,
Va.
LAURA .A. I,UM, et al.,
Plaintiff,
f
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.such suit for
sundry assessments levied and assessed thereon, and•the said
defendant, City of Miami, having received payment in full forsuo
assessments subsequent to the filing of such bill, and, therefore
Defendants
STIPULATION AND ORDER or nI9u1IS3k
claiming no further interest in and to such lands, it is hereby.
stipulated and agreed by and between the plaintiff and. the defender.
City of Miami, by and through their undersigned solicitore, that •.
the above entitled cause be dismissed as to the defendant, City-0
Miami.
Dated at Miami, Florida, this
filed this
R. D. l9 _
�f day at .;
recorded this . - y� Pa¢r'zyjr
rn Chancery Order 1'dblf. -
09
g. LEAittERhikN•
clack Circu,Ult
Deputy
17 day of January 1949.
J. W. WATSON,
City Attorney,:Solieitor
defendant, City: of 'Miami
ORDER.0? D
The:.abovq.and loregoing stipulation h& i
e ;ooth>trt and the court b44 ful] '.11 * aed4`i`
EXHIBIT
ORDERED, ADJUDG!D•.A1 D .DECRZ D;; thdt suoh a i ulatio
ands the •:sane 'is`here.b 'z` raied::end;'. at.<t a =abo a eati. t
tie and the game is here:by":d1amiseed:• as ta' the ds'en�uoit�
liinmi , ,a munlaipal corporation is .Dade: Coutityuder::;the:,
the State ofFlorida.
DONEORDERED-in
;AND' Chambeire.'tls
1111111111111111111111 dill111111111111111111
s,
This instrument Prepared Byr
Jesse M. Heenan, Esquire
Baker CronIs Gasseuhelmer, LLP
307 Continental Plaza
3250 Mary Street
Coconut Grove, Florida 33133
Tetephona j 05) 444• 300
CFN *2007RO236784
OR 8k 25426 Pe 340211 (has)
RECORDED 0310812007 11113:14
DEED DOC TAX 1340:0.00
SURTAX 10,350.00
HARVEY RUVINt CLERK OF COURT
NIAMI-BADE COUNTYt FLORIDA
LAST PAGE
WARRANTY DEED
"1'HDt INDENTURE (this 'Deed,") le made this 28th day of February, 2007, by and between 2010 Soldw js,
LLC., aFloridalimited liability company (hereinafter *OiiANFOR")and Southern Waste Systems, Ltd., aFloridaliadted
partnership (hereinafter" E') of 790 Billbratb Drive, Lantana, Florida 33462.
Wig
That said GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable
consideration, the receipt of which is hereby acknowledged, hereby grants, bargains, tells and conveys to said GRANTEE,
its aucceeaors and. welkin, a1I of its tight, dtie and Wired in aid to acertain pineal of real proper% situate in Miaud•Dade
County, Florida, more particularly described as follows:
Lots 7 and 8, the North 48 feet of Let 9 and the North 48 feet of Lot 10, Block 11 of MAP OF
WADDELL'S ADDITION TO TEE TOWN OF MIAMI, a/k/a JOHNSON AND WADDELL'S
ADDITION TO MIAMI and a/k/a WADDELL'S ADDITION TO MLAMI, according to the Plat
thereof, as recorded in Plat Book B, at Page 53 of the Public Records of Mhur Dade County,
Honda. The Minw1-Dade Property Assessor's IdenttticationNumbers for thePropertyare 01412$
048.0380; 013125.048•0330 and 013125-018-0350.
This Deed is executed subject to all restriction, easements and limitations of record and two for the year 2007.
GRANTOR does hereby fu1ty warrant dtie to said property and will defend the some against the lawftd claims of all personal
whomsoever.
WITNESS the GRANTOR has caused this deed to be executed the day and year .first written above at New York
New York.
2010 Holdings, LLC. a Florida limited Ilebitity company, by its
managing member, 2005 Miami Holdings, LLC., a Florida limited
liability company
NAMM Selig eks, Managing Member
ADDRESS: 41.0 Avenue
C�
INIT {Bss•;
STATE OF NEW YORK) e,
COUNTY OF NEW YORK)
New York, New York 10022
TEEN PERSONALLY APPEARED BEFORE ME, an officer duly authorized to administer oaths and receive
acknowledgments within the Slate of New York, Selig Sacks, as managing member of 2005 Miami Holdtnge, LLC., a
Florida limited stability company, In its capacity as managing member for 2010 Holdings LLC, a Florida limited lability
'company, who, having produced a current New York State driver's license as adequate photographic identi6catimn and
acting with due company authority. did exeente the foregoing Warranty Deed before roe es the act and deed of said
companies.
MINOS MY HAND AND OFFICIAL SEAL this Lgzal of February 2007 at New, York.
HISA HAAS
Notary Public, State Of New York
No. 01 HA4752904
Qualified In Kings County
Commission mission Expires May 31, 2007
NAME:
NOTARY PUBLIC, STATE OF NEW YORK AT LARGE
My Commission Expires:
OMR sur Ca*,eetA Rpm32aa rMy abed�tm IMA Gtow. F1 114133 Titryaoni (30i) 4444 3OOTdafaosHilr (ae6)444.92A4
Boak25426/Page34O2 CFN#20070236784 Page 1 of 1
Record and return to:
Mark E. Rousso. Esq.
Roth, Rousso & Darrach, P.A.
3440 Hollywood Boulevard, Suite 360
Hollywood, FL 33021
PrsparM ky:
MJCJ1ABL D. NYMAN, ESQ.
11601 Bboiryne Bonks+crd- 6101
Mlcmt, tz JAW
Pipe ty Apptatur Perm LD.
Grantee(s) 1.D N:
I111111111I111IJH11iNI1111
CFI4 2003R0321106
DR Bk 21467 Pas 2252 - 22531 t2assl
RECORDED 07/29/2003 15:01:45
DEED DDC TAX 6,300.00
GURTAX 4►725.00
HARVEY RUVIHr CLERK OF COURT
HIAHI-DADE COUNTY, FLORIDA
WARRAN'TV DEED
THIS WARRANTY DEED Made this 1 g'M` dav of 11JL./ , 2003, between
DISTRIBUTION MANAGEMENT SERVICES, INC, a Florida corporation, 'hereinafter called the
Grantor, to SOUTHERN WASTE SYSTEMS LIMITED, whose address is 790 Hillbrath Drive,
Lantana, Florida 33462. hereinafter called the Grantee.
WITNESSETN, that said Grantor, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS, and other good and valuable considerations, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confines unto the Grantee, 100%
undivided interest in all that certain land situate. king and being in Miami -Dade County, Florida, to wit:
LOTS 11 THROUGH 14, BLOCK 11, WADDELLS
ADDITION, AS RECORDED IN P LA7' BOOK B, AT PAGE
53, PUBLIC RECORDS OF MIAM1-DADE COUNTY,
FLORIDA? c4 et $' :E a fit tT "A' a'ack/3 IcKt°
A MAAL €L tart k t>;arf -
SUBJECT TO: Ali valid restrictions. conditions. reservations and easements of record.
TOGETHER with all the tenements. heredit:ments and appurtenances thereto belonging or in
anywise appertaining.
TOHAVE AND TOHOLD, the sane in fee simple forever.
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 lattfitl authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend the sane against the lawful claims
of all persons whomsoever; and that said land is fro of all encumbrances. except taxes accruing.
subsequent to December 31, 2002.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first
above written.
Signed, sealed anddelivered
in our p en .
m' 1
/V) r� p�wlA k
(Print Name) n
AYr A
(Print Name)
STATE OF FLORIDA
COUNTY OFDADE
J
J
DISTRIBUTION MANAGEMENT SERVICES, INC
13ts�.� .S.
Lome President
I HEREBY CERTIFY THAT on the j * dar if Its if , 2003, before me; an
officer duly authorized to administer oaths and take acknowledgments. perionally appeared LEO GREENFIELD
as President of DISTRIBUTION MANAGEMENT SERVICES, INC . , to me personally known, sr ; k.utif a0by
�..- and known to Inc to be the same person described in and who
executed the foregoing instrument. who acknowledged before me that he executed the same on behalf of the
corporation, for the purposes herein stated.
IN TESTIMONY WHEREOF t have hereunto aubscribccl my name and affixed by seal of office the day
and year last above written.
llsdeenwdoc
' (L.S.)
Notary Pnh11c State of Florida
(Prior Vann) _
OPF7 ATRU ARYSEAL
MARL: CASTE481RO
NcYWARY PUNLt^ STATE OF FLOEDA
COMMis=' ::••.�fo.DDt17887
MY COMA, t- 4P. MAYp1.20O5
Book21467/Page2252 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 Tying
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, 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 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:
(Pi
(R)
P8
Ps
DENOTES CENTERLINE
NW 2lth STREET
S89'58' 44' E 3a8.9r (C]
3
6
Ea
sd
s'3d'Sf'E
4
farsrsrE
ilk min]
is Way 9 ?�
5f19"$ OPE tr(C) Sar93 tl'E lit WIC)
-- tin r mor REF
it ?mar.
129iPf
NW 20th STREET
DENOTES CALCULATED DIMENSION
DENOTES PLATTED DIMENSION
BASED ON RECORD PLAT DIMENSION
DENOTES PLAT BOOK
DENOTES PAGE
3s,
-.
11 14 !f~ i14BA'(C]121(C 247ft
IS'(P) I Og(c) irs'(P) 125.03g0
109915B` aT N 31 i. 95" �+' L.
BEARINGS ARE BASED ON AN ASSUMED
MERIDIAN VERE THE WEST LINE OF
BLOCK i i BEARS NQO' 40' 49' E
THIS IS SKETCH ODES NOT REPRESENT
A FIELD BOUNDARY SURVEY AGE 2 of 2
PREPARED BY: J1117,700 '1-e-r`
SKETCH TO ACCOMPANY LEGAL DESCP I PT I ON
E. R. BROWNELL ASSDC I ATES, INC.
BLOCK i 1LAND
JOHNSON AND WADD1=LL' S ADDITION ID M (AM I
SURVEYORS - CONSULTING ENG 1 NEE1 S
2434 SW 2Bth LANE H I AEI I, FL (305) 80-
D. BY : TB
DATE : 08-01-12
SK. +
PLAT BOOK ' B' PAGE 53
,
JOB a 57505
SCALE: 1'.iflfl!
S�'°2B43A
1FLE PAE RF S ATTAR TD IW O11E'9
f!lM1Fi= if JOMoamar t1nif
02/20/2014 17:20 FAX 3058603870
E R BROWNELL & ASSOC. Z 003/005
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 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 Tying
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, 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 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_