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HomeMy WebLinkAboutPZAB 09-05-12 Supporting DocsPZAB.4 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 12-00863sc 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 A STREET AT APPROXIMATELY A PORTION OF SOUTHWEST 11TH STREET LOCATED BETWEEN SOUTHWEST 3RD AVENUE AND THE 1-95 EXPRESSWAY, MIAMI, FLORIDA. Location: Approximately a portion of SW 11th Street located between SW 3rd Avenue and the 1-95 Expressway [Commissioner Frank Carollo - District 3] Applicant(s): Vicente Arrebola, P.E., on behalf of Miami -Dade Water and Sewer Department 3071 SW 38th Avenue Miami, FL 33146-1520 (786)552-8116 Zoning: T6-24-0 Urban Core Zone Purpose: This will allow a construction of a new sanitary sewer pump station. Planning and Zoning Department Recommendation: Approval. Public Works Department Recommendation: Approval. Platt and Street Committee Recommendation: Approval on January 5, 2012 by a vote of 6-0. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: September 05, 2012 PLANNING DEPARTMENT ANALYSIS Case No. 2012- 00863sc CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET AT APPROXIMATELY A PORTION OF SOUTHWEST 11th STREET LOCATED BETWEEN SOUTHWEST 3rd AVENUE AND THE 1-95 EXPRESSWAY, MIAMI, FLORIDA. 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. The following findings have been made: The street closure and unification of the site will allow construction of a new sanitary sewer pump station. • The street to be closure is a "dead end" portion of SW 11th Street, between SW 3rd Avenue and the 1-95 Expressway . Since the properties on both sides of the roadway are vacant and this short "dead end" roadway is not part of the neighborhood network, public service vehicles do not utilize this roadway. • The new pump station is a significant public infrastructure improvement that will provide enhanced, dependable service to the neighborhood. • It is found that the Plat and Street Committee members voted 6 in favor and 0 in denial of the request to close and vacate the portion of the street. Based on these findings, the Planning and Zoning Department recommends approval of the request. "MIAMI HEIGHTS SEWER PUMP STATION" SUBDIVISION CLOSURE AND VACATION OF A PORTION OF SW 11 STREET LOCATED BETWEEN SW 3 AVENUE AND THE 1-95 EXPRESSWAY, MIAMI, FLORIDA The Plat and Street Committee has reviewed the tentative plat of "MIAMI HEIGHTS SEWER PUMP STATION" 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 Plat and Street Committee has further considered the vacation and closure of a portion of SW 11 Street with respect to the Miami City Code requirements and has voted to recommend 6 in favor and 0 in denial of this vacation and closure request. M IAM 121 MAP T6-24-0 SW 11 TH ST 0 150 300 600 Feet ADDRESS: 12-00863sc SW 3 AV 1-95 N & S OF 11 STREET 0 150 300 600 Feet ADDRESS: 12-00863sc SW 3 AV 1-95 N & S OF 11 STREET Iff Of Afianti January 17, 2012 John W. Renfrow, P.E., Director Miami -Dade Water and Sewer Department 3701 SW 38 Avenue Miami, FL 33146 Please forward to: .. Rafael. Cabrera, PLS Survey Section Head, Engineering Division at LeJeune Road Building MIAMI-HEIGHTS SEWER PUMP STATION — TENTATIVE PLAT #1758-A Located between SW 3 Avenue and 1-95, North and South of SW 11 Street Ladies and Gentlemen: JOHNNY MARTINEZ, P.E. City Manager The City of Miami Plat and Street Committee, at its meeting of January 5, 2012 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. State plane coordinates will be required by Miami -Dade County for Final Plat, not required on tentative plat. 2. For Final Plat provide certified corner record. 3. Tie in all fences and structures along proposed tract lines (encroachment, clear or on line) 4. Provide complete tree information in tabular form, more columns, and list including common and botanical name, height, diameter and spread. 5. Existing utilities in the street to be closed and vacated must be relocated or easements must be provided. 6. Provide elevations along the lip of street gutter and at the drainage inlets, 7. Provide the underground information for the storm sewers, including pipe size and inverts. 8. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. . 9. All encroachments across proposed tracts and/or boundary lines must be removed prior to final plat submittal, if applicable. 10. An opinion of title, in the City of Miami opinion of title form, must be provided at the time of the final plat submittal. 11. Current backup documentation will be required for all who execute the final plat. .12. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 13. Be advised.that.anincomplete final plat packagewill not be accepted by the City of Miami. It is the owner's responsibility to work with his surveyor and his attorney to assure that everything is in order before submitting the final plat package. 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 14. Be advised that if all the requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 15. A plat approval letter from the F.D.O.T. is required at the time of final plat submittal. 16. One fire hydrant must be relocated into the S.W. 3 Avenue right of way. 17. 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 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. 18. The PZAB will require a sketch and legal description with a square footage, on an 8 1/2"x11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 19. The Plat and Street Committee has reviewed the tentative plat of Miami Heights Sewer Pump Station 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 easement with respect to Miami City Code requirements and have voted 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 Development and Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement estimate 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 permit will not be issued on the property being platted until the final plat is recorded or as authorized by City of Miami Code Section 55-10(h). Also, the Certificate of Occupancy for any building construction will be issued only after r 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. 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 by the Public Works Survey Section. 6. Tentative plat approval is only valid for two (2) years from the date of the Plat and Street Committee meeting at which time it was approved.. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, zeribe Ihekwaba, Ph, D, P.E. Director of Public Works NI/JS/ ,Jcdt Enclosure: Contact Sheet Nzeribe Ihekwaba, Ph. D, P.E., Director of Public Works Plat and Street Committee Members Surveys Development and Roadway Plans Central City Ix " ' Term PEDRO G. HERNANDEZ, P.E. City Manager December 15, 2009 Miami -Dade County c/o John W. Renfrow, Director Miami -Dade Water and Sewer Department 3701 SW 38 Avenue Miami, FL 33146 MIAMI HEIGHTS SEWER PUMP STATION - TENTATIVE PLAT #1758 Located between SW 3 Avenue and 1-95 Expressway North and South of SW 11 Street Dear Mr. Renfrow: Your tentative plat entitled MIA 1 1-II+;IGHTS SEWER PUMP STATION is now being processed. As stated in our July 2, 2009 letter, State and City laws require that the owner(s) of land being platted or replatted enter into an agreement with the City to constructcertain improvements. As a result of a field investigation by this department, it has been determined that the following improvements shall be required. The bond is waived as per Section 55-12(6) Waiver Provisions for governmental entities and agencies: No. DESCRIPTION UNIT QTY COST 1 Remove existing concrete sidewalk SY 85 $ 993.65 2 Remove existing concrete curb and gutter SY 20 $ 233.80 3 Remove existing asphalt SY 238 $ 2,782.22 4 Mill existing asphalt pavement 1-inch depth SY 301 $ 653.17 5 Rework limerock base 3" SY . 188 $ 494.44 6 New 8-inch limerock base CY 21 $ 945.00 7 Construct 4-inch concrete sidewalk SY 104 $ 3,285.36 8 Construct 6-inch concrete sidewalk SY 9 $ 358.38 9 Resurface roadway (1-inch asphaltic concrete pavement) TN 28 $ 2,183.44 10 Construct 6-inch concrette curb and gutter LF 117 $ 1,515.15 TOTAL: $ 13,444.61 10% Contigency $ 1,344.00 17% Engineering and indirect cost $ 2,286.00 Total Estimated Cost of Improvements $ 17,075.00 You and your en iiieer-must confer .with the •Department _of Public Warks..Developmeiit and Roadway Plans Section to discuss the proposed improvements. Your engineer and DEPARTMENT OF PUBLIC WORKS 444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. [lox 330708 Miami, FL 33233-0708 Miami -Dade Water and Sewer Department MIAMI W iGHTS SEWER PUMP STATION - TENTATIVE PLAT #1758 December 15, 2009 Page 2 of 3 architect will be required to prepare signed and sealed engineering, landscape, irrigation, and hardscape plans with elevations in City of Miami Datum. These plans shall clearly show dimensions between the base building lines and the City of Miami monument lines. All plans must be submitted to the Department of Public Works Development and Roadway Plans Section for review and approval prior to the application and issuance of any permits. Reasonable time must be allocated for the proper review of the construction plans by City personnel. A reproducible Mylar of the approved plans (standard size 24" x 36") shall be submitted to the Department of Public Works Development and Roadway Plans Section prior to the application and issuance of any building or construction permits on the property being platted. Construction of the subdivisionimprovements shall not commence until your contractor has obtained the required permits and applicable covenants. A line & grade permit fee must be paid by your contractor for new construction of any major alteration of buildings. A line & grade permit is also required for new sidewalk, curb and gutter, fences and walls with reinforced concrete foundations, and other structures to be constructed within ten (10) feet of the base building line. An excavation permit fee must be paid by your contractor if new drainage structures or other underground utilities are to be installed. Your contractor should check with the Right of Way Permits Section of the Department of Public Works for maintenance -of traffic permits. Any construction on a state road including relocation of utility or light poles will also require a permit from the Florida Department of Transportation. Your surveyor will be responsible for the layout and final measurements of the subdivision improvements. Field books and reproducible Mylar sheets of the "as -built" survey shall be submitted to the Development and Roadway Plans Section for approval prior to the release of the subdivision improvement bond. The landscaping estimate, when included, is based on full coverage of solid sod and planting of specified trees. The owners) will be required to guarantee the landscaping for one year after the subdivision improvements have been accepted by the Department of Public Works. Water service requirements are not included in the improvements listed above. For information concerning water mains and appurtenances, contact IYEami-Dade Water & Sewer Department at 305-665-7471. When the final plat has been prepared by your surveyor, it is to be submitted to the Department of Public Works (Survey. Section) for checking and processing. The following items are to accompany the linen or Mylar tracing of the final plat and should be submitted to the Survey Section no later than six (6) weeks prior to the Commission meeting at which your plat is scheduled for City Commission approval. 1. final plat original (inked), 2. three (3) prints of final plat, • -3. $350.00 check for platting fee, 4. paid tax receipts for property being platted, Miami -Dade Water and Sewer Department MIANII N KIGHTS SEWER PUMP STATION - TENTATIVE PLAT #1758 December 15, 2009 Page 3 of 3 5. approval letters from utility companies concerning easements and services, 6. letter of Credit, Performance Bond or Cashier's Check for amount of subdivision improvements, .(forms provided by Public Works), 7. executed agreement, in triplicate, between owner(s) and City for subdivision improvements. (forms provided by Public Works), 8. a recent opinion of title, in triplicate, from an attorney, (forms provided by Public Works), and 9. proof that all liens on property have been paid. If you have any questions pertaining to the subdivision improvements, contact Ms. Sylvia Rodriguez, Engineer It, at 305-416-1215. If you have any questions pertaining to the final plat and its submission to the City Commission for approval, contact Mr. Horacio Pulido, Surveyor, at 305-416-1248. Sincerely, i11 Anido, P. E. Interim Director, Public Works Department ql5, (cis BAJLJ I/A�/ser isHon cc: Rafael Cabrera, P.S.M 3575 S LeJeune Road Miami, FL 33133 Surveys Development and Roadway Plans Central VACATION AND CLOSURE APPLICATION RECEIVFD PLANNING DEPARTMEW PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SEC 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-411." -1.04 30 P3: 24' www.miamigov.com/hearing boards I)(CaraZZ 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'/2x11 ") 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. 03-2012 1 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. . Applicarit(s): Miami Dade Water and Sewer Department 2. Description of area: Vacation of Westportion of SW 11 Street to 195 at intersection of SW 3`d Avenue 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. 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 81/2x11" 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? 0.44 acres 17. What is tite purpose of this application/nature of proposed use? Sewer Master Pump Station Rev. 03-2012 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: ❑'Planning, Zoning and Appeals Board i `-"M/A1, and/or ❑ City Commission / 6/4JA1 7/3OZ 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 footof 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 ove $25,000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Address 3071 SW 38 Ave. Name Vicente Arrebola P.E. Miami FI 33146-1520 Telephone (786) 552-8116 E-mail ARREBV(a,Miamidade.gov STATE OF FLORIDA -- COUNTY OF MIAMI-DADE t14 The foregoing was ac nowledged beforea tvt� his day of —fu 20 (a- , by v S• Ylfel- who is a(n) individual/partner/agent/corporation of ?k-UCLA.AA-: ALA a a(n) individual/partnership/corporation. J /She i personally known to me or who has produced as identification and who did (did n take an oath. .1./ ,ae) 4,,,,,, (Stamp) Signature Rev. 03-2012 3 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Vicente Arrebola P.E. , who being by me first deposes and says: That he/she is the owner .or the- 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, ❑ including or ❑ 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. Vicente Arrebola P.E. Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicant(s) Signature The foregoing was ac owledged b fore this i. 5 day of J who is a(n) individual/partner/agent/corporation of 01.4 - a(n) individual/partnership/corporation. He/She is personally known to me..or who has produced as identification and who did (did not) tce an oa &11 i (Stamp) LILIAI'l:: RA'NEY-LACAU .'c MY CC,MM::-.•3tON # EE156219 =•?`DES April 10, 2016 ,(A07) 39 .4 gi b. rwfIdaNOrly$M IN.cc, , ignature —rev Rev. 03-2012 VACATION AND CLOSURE APPLICATION 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) Vicente Arrebola P.E. Percentage of Ownership Subject Property Address(es) 1042,1100 and 1110 SW 3rd Avenue Miami, Florida 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. Street Address(es): Legal Description(s): O C 7 30 00/ Z. Vicente Arrebola P.E. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE wner(s) or Attorney Signa ure The foregoing was ^a.c.k�nowledges befgreLme this 5 day of Tom, 20 1 L , by 1) i,� £- 21a�1 °,� who is a(n) individual/partner/agent/corporation of ll ,:cuu v Q kt et-Gu t) a(n) individual/partnership/corporation. He/She is personally known to rra.or who has produced as identification and who did (did not) take an oath e..urbAgii- 4 (Stam LIUANA M. RAINEY-LACAU 'Z MY COMMISSION # EE156219 'r • EMPIRES April 10, 2016 Florida Signature Rev. 03-2012 5 OPINION OF TITLE To: The City of Miami With the understanding that this Opinion of Titles is furnished to The City of Miami, as inducement for acceptance of a Declaration of Use/Unity of Title/Declaration of Restrictions/Development Agreement or in compliance with Chapter 28, and as an inducement for acceptance of a proposed final subdivision plat covering the real property, hereinafter described, it is hereby certified that 1 have examined a partial "Abstract of Title" covering the period from November 15, 1976 to the 17th day of July, 2012, at the hour of 2:30 pm,. inclusive, of the following described property: See Attached Exhibit "A" I am of the opinion that on the .last mentioned dated, the fee simple title to the above -described real. property was vested in: Miami -Dade County, by virtue of the Special Warranty Deed from Paul Proenza and Marlene Proenza, husband and wife, dated December 1, 2008, filed December 3, 2008, and recorded in Official Records Book 26671, Page 2950; together with the Corrective Warranty Deed dated October 9, 2009, filed October 15, 2009, and recorded in Official Records Book 27048, Page 4550. (Parcels 1, 2 and 3) AND by virtue of the Quit Claim Deed from Paul Proenza and Marlene Proenza, husband and wife, dated December 1, 2008, filed December 3, 2008, and recorded in Official Records Book 26671, Page 2953; together with the Corrective Quit Claim Deed dated October 9, 2009, filed October 15, 2009, and recorded in Official Records Book 27048, Page 4548, and pursuant to Resolution R-06- 0194, vacating a portion of SW 11th Street, as enacted by the City of Miami on April 7, 2009. (Parcel 4) NOTE: For Limited Partnership or Joint Venture indicate comprising the Limited Partnership or Joint Venture and identify who is authorized to execute. Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: NONE 2. RECORDED CONSTRUCTION LIENS. CONTRACT LIENS AND JUDGMENTS: (a) Notices of Commencement filed by Miami -Dade County in 2009 have all expired, pursuant to Florida Statutes. 2. RECORDED CONSTRUCTION LIENS. CONTRACT LIENS AND JUDGMENTS: (continued) (b) (c) Notice of Violations — Pending Lien filed by the City of Miami in Official Records Book 27028, Page 3179 has been released on July 24, 2012, in Official Records Book, 28200, Page 4567 (after Effective Date). (Parcels 3 and 4) Pending Lien filed by the City of Miami in Official Records Book 27058, Page 4122 has been released in Official Records Book 27965, Page 4576. (Parcel 2) 3. GENERAL EXCEPTIONS: (a) Property taxes for the year 2008 and subsequent years. (b) Facts that would be disclosed by an accurate survey of the property. (c) Easements and claims of easements not recorded in the public records. (d) Rights of persons other than the above owners who are in possession. (e) Any unrecorded labor, mechanics' or materialmen's liens. (f) Zoning and other restrictions imposed by governmental authority. 4. SPECIAL EXCEPTIONS: (a) Easements, restrictions and other notations contained in the Plat of the City of Miami, South, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. (Parcel 1) (b) Easements, restrictions and other notations contained in the Plat of Miami Heights as recorded in Plat Book 5, Page 29, of the Public Records of Miami -Dade County, Florida. (Parcels 2, 3 and 4) I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party(ies) must join. in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name: Miami -Dade County Interest: Record title holder Special Exception Number: N/A The following is a description of the aforementioned abstract and its continuations: Number: 12-33703 Companv Certifying: National Title and Abstract Insurance Company No. of Entries: 258 Period Covered: November 15, 1976 through July 17, 2012. Update of File No. 12-32278 I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in The State of Florida and I am a member in goodstanding of the Florida Bar. Respectfully submitted this ilTal day of, July, 2012. icicvltirUdk Signature S i- MA 0cy(f Print Name ri.AMMMk# s- Poo Florida Bar Number: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this c37. day of July, 2012, by H. Scott Macbethkwho is personally known to me)or has produced as identification. Notary Public: Print Name My Commission Expires: EXHIBIT "A" Parcel 1: The South 50 feet of Lots 19 and 20, Block 77, of City of Miami, South„ according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lot 2, Block 83 South, of Miami Heights, according to the Plat thereof, as recorded in Plat Book 5, Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 1, Block 83 South, of Miami Heights, according to the Plat thereof, as recorded in Plat Book 5, Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 4: All that portion of SW 11th Street closed, vacated and abandoned by the City of Miami Resolution R-06-0194, as more particularly described as follows: Beginning at the Northeast corner of Lot 2, Block 83, of MIAMI HEIGHTS as recorded in Plat Book 5, Page 29, of the Public Records on Miami -Dade County, Florida; thence run west along the North boundary lin of said Lot 2 for a distance of 95.0 feet; thence run North along the East right-of-way of the Interstate I.95 Expressway for a distance of 50 feet; thence run East for a distance of 95 feet along the South line of the South 50 feet of Lots 19 and 20, in Block 77, of the CITY OF MIAMI SOUTH, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida to a point on the West right-of-way of SW 3rd Avenue; thence run South along said West right-of-way for a distance of 50 feet to the POINT OF BEGINNING. 111111111111111111111111111111111111111111111 This instrument prepared by: Ricardo L. Fraga, Esq. Greenberg Traurig, P.A. 1221 Brickeli Avenue, 18th FI Miami, Florida 33131 After recording return to: Shannon Clark Miami -Dade County General Services Admin. Real Estate Development Division 111 NW 1' Street, Suite 2460 Miami, Florida 33128 Property ID#: 01-0207-070-1180; 01-4138-051-0130; and 01-4138-051-0120 CFN 21308R0971468 OR Bk 26671 Pas 2950 - 2952; (3p5s) RECORDED 12/1)3/21103 15135111 DEED DOC TAX 217000.00 HARVEY RUVIN, CLERK OF COURT MIIAh1I-DADE COUNTYr FLORIDA WARRANTY DEED THIS WARRANTY DEED is made this 1 day of December, 2008 by and between PAUL PROENZA AND MARLENE PROENZA, husband and wife (hereinafter referred to as the "Grantor"), whose mailing address is 5978 Miller Drive, Miami, Florida 33155, and M[AMI-DADE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "Grantee") whose address is 111 NW is1 Street, Miami, Florida 33128 c/o Miami -Dade County Water and Sewer Department, whose address is 3071 SW 38th Avenue, Miami, Florida 33146. Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and assigns. WITNESSETH GRANTOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's heirs, successors and assigns forever, that certain parcel of land situate and being in Miami -Dade County, Florida (the "Property"), to wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2009 and subsequent years; (b) reservations, easements, matters of plat, covenants and restrictions of public record, if any, but this reference shall not operate to reimpose same. TO HAVE and to hold the same in fee simple forever. GRANTOR hereby covenants with Grantee that it is lawfully seized of the Property in fee simple, that it has good right and lawful authority to sell and convey the Property, that it hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. Note: The foregoing was approved by the Miami -Dade County Board of County Commissioners, pursuant to Resolution No. R-908-08, dated September 2, 2008. 1 Book26671/Page2950 CFN#20080971468 3 Page 1 of 3 IN WITNESS WHEREOF, Grantor has executed this instrument under seal on the date aforesaid. Signed sealed and delivered in the Presence of: rint Name: oe':.- f y09a STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me th•is I day of December , 2008 by Paul Proen and Marlene Proenza, Such persons are personally known to me or produced t� Y3 ) iit_) as identification. My commission expires: [Notarial Seal] 2 Notary Put* SkNa o1 FbMe Yeeaie Amnes Gonna ez My Catmi a4on D0510584 -ref Fxp(ns 03/251201D J Name: Notary P Commiss Book26671/Page2951 CFN#20080971468 Page 2 of 3 OR BK 26671 PG 29! y2 LAST F*AGE EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: The South 50 feet of Lots 19 and 20, Block 77, of City of Miami, South, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lot 2, Block 83 South, of Miami Heights, according to the Plat thereof, as recorded in Plat Book 5, Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 1, B➢ock 83 South, of Miami Heights, according to the Plat thereof, as recorded in Plat Book 5, Page 29, of the Public Records of Miami -Dade County, Florida. Book26671/Page2952 CFN#20080971468 Page 3 of 3 111111111111111111111111111111111111111111111 This Instrument prepared by: Ricardo L. Frage, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue, 1FI Miami, Florida 33131 After recording retum to: Shannon Clark Miami -Dade County General Services Admin. Real Estate Development Division 111 NW 1" Street, Suite 2460 Miami, Florida 33128 Folio Number(' I ..0)0 /- 70-14 J Of- 38-ol-013°� d 1-1-1 13$ 051-°I-v CFH 2OO$RO9 r'14.69 OR 8k 26671 Fes 2953 - 2954; (lass) RECORDED 12/03/2008 15: 35 : 11 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA QUIT CLAIM DEED THIS QUIT CLAIM DEED is made as of the / S' day of December, 2048, by PAUL PROENZA AND MARLENE PROENZA, husband and wife whose address is 5978 Miller Drive, Miami, Florida 33155, (the "Grantor") to MIAMI-DADE COUNTY, a political subdivision of the State of Florida (the "Grantee"), whose address is 111 NW 1`1 Street, Miami, Florida 33128 c/o Miami -Dade County Water and Sewer Department, whose address is 3071 SW 38th Avenue, Miami, Florida 33146. WITNESSETH: Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to the Grantor in hand paid by the Grantee and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim to the Grantee and the Grantee's successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described land situate, lying and being in Miami - Dade County, Florida, to -wit: All that portion of SW llth Street closed, vacated and abandoned by the City of Miami Resolution R-06-0194, as more particularly described as follows: Beginning at the Northeast corner of Lot 2, Block 83, of MIAMI HEIGHTS as recorded in Plat Book 5, Page 29, of the Public Records of Miami -Dade County, Florida; thence run West along the North boundary line of said Lot 2 for a distance of 95.0 feet; thence run North along the East right-of-way of the Interstate 1-95 Expressway for a distance of 50 feet; thence run East for a distance of 95 feet along the South line of the South 50 feet of Lots 19 and 20, in Block 77, of the CITY OF MIAMI SOUTH, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida to a point on the West_ right-of-way of SW 3rd Avenue; thence run South along said West right-of-way for a distance of 50 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same, together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever, either in law or equity, of the Grantor in and to the same, to the only proper use, benefit and behalf of the Grantee and the Grantee's successors and assigns forever. Note: The foregoing was approved by the Miami -Dade County Board of County Commissioners, pursuant to Resolution No. R-908-08, dated September 2, 2008. Book26671/Page2953 CFN#20080971469 Page 1 of 2 OR BK 26671 PG 2954- L.AST PAGE IN WITNESS WHEREOF, Grantor has executed this Deed as of th above written. STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE ) ay and year first The foregoing instrument was executed before me this Id -day of December, 2008, by Paul Proenza and Marlene Proen a. They personally appeared before me and are personally known to me or produced ft .CVntPJS Ii 0.,� as identification, and acknowledged that they executed the same freely and voluntarily and did not take' anoa Notary: [NOTARIAL SEAL] Print Na Notary Pu Iic, S ate of My Commis ' Expires: 00-bridit ' ) M c4" -15D7z ExPi►es 031sai Book26671/Page2954 CFN#20080971469 Page 2 of 2 111111111111111111111111111111111111111111111 This instrument prepared by: W. L. Randal, Esq. Hoover and Fhillips 151 SW 27 Avenue Miami, Florida 33135 Property ID # 01-0207-070-1180; 01-4138-051-0130; and 01-4138951-0120 User Department: Water and Sewer [Space Above This Line For Recording Data] CFN 2009R0 r 47272 OR Bk 27048 Pss 4550 - 4551; (2nss) RECORDED 10/15/2009 13:54:43 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIhar CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Corrective Warranty Deed (Statutory Form- FS 689.02) This Indenture, Made this day of October, 2009 between PAUL PROENZA AND MARLENE PROENZA, husband and wife, whose address is 5978 Miller Drive, Miami, Florida 33155, (the "Grantor") to MIAMI-DADE COUNTY a Political subdivision of the State of Florida (the "Grantee"), whose address is 111 NW 1st Street, Miami, Florida 33128 C/0 MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, whose address is 3071 SW 38th Avenue, Miami, Florida 33146. (Wheneverusedherein, the terms "Grantoz' and "Grantee' shall include singular and plural, heirs, legal representatives,and assignsof individuals, and the successors and assigns of corporations, wherever the context so admits or retires.) Witnesseth: That said Grantor, for and in consideration of the sum of $10.00 and other good valuable consideration receiptwhereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all that certain land situated in Miami -Dade County, Florida, to wit: Lot 1, Block 83s, less the East 5 feet thereof, of"MIAMI HEIGHTS", according to the Plat thereof, as recorded in PIat Book 5 at Page 29, of the Public Records of Miami -Dade County, Florida. Lot 2, Block 83s, less the East 5 feet thereof, of the Subdivision known as MIAMI HEIGHTS, according to the Plat thereof, as recorded in Plat Book 5 at Page 29, of the Public Records of Miami -Dade County, Florida. South 50 feet of Lots 19 and 20, less the East 5 feet of said Lot 20, Block 77s, CITY OF MIAMI, South, according to the Plat thereof, as recorded in Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida. This Warranty Deed is correcting the legal description in the Warranty Deed filed in O.R. Book 26671, at Page 2950. Subject to: Conditions, restrictions, reservations, limitations and easements of records, if any (provided, however, that this reference shall not operate to reimpose the same), applicable zoning regulations and taxes for the current and subsequent years. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 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 lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. Note: The foregoing was approved by the Miami -Dade County Board of County Commissioners, pursuantto Resolution No. R-908-08, dated September 2, 2008. OR BK 27048 PG 4551 LAST PAGE In Witness whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Wi Print W Witnes 6 ti .O2(bue2 Print Witness Name STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE The foregoing instrumentwas acknowledged before me this October , 2009 by Paul Proenza and Marlene Proenza. Such persons are personally known to me and/or produced as identification and who did/did not take an oath, lic - ate o O% Notary Public State of Florida Juan Leal Commission D0795758 lo4Zti: Expires 06/08/2012 Print Name 111111111111111111111111111111111111111111111 This instrument prepared by: W. L. Randol, Esq. Hoover and Phillips 151 SW 27 Avenue Miami, Florida 33135 Property ID: 01-0207-070-1180; 01-4138-051-0130; and 01-4138-051-0120 User Department: Water and Sewer (Space Above This Line For Recording Data] C=FN 2009R0747271 DR Bk 27048 P s 454E - 4549; (2pss) RECORDED 10/15/2009 13:54:43 DEED DOC TAX 0.60 flARVEY RUVINr CLERK OF COURT hilAlfl-DADE COUNTY, FLORIDA CORRECTIVE QUIT CLAIM DEED (Statutory Form- FS 689.02) This Qui t Claim Deed Made this October "I , 2009 between PAUL PROENZA AND MARLENE PROENZA, husband and, wife whose address is 5978 Miller Drive, Miami, Florida 33155 (the "Grantor") to MIAMI- DADE COUNTY, a political subdivision of the State of Florida (the "Grantee") whose post office address is 111 NW 1S2 Street, Miami, Florida 33128 C/O Miami -Dade County Water and Sewer Department, whose address is 3071 SW 3 8't' Avenue, Miami, Florida 33146. Witnesseth: Grantor, for and in consideration of the sum of $10.00 to the Grantor in hand paid by the Grantee and other good valuable consideration receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Miami -Dade County, Florida, to wit: All that portion of SW 11 Street closed, vacated and abandoned by the City of Miami Resolution R-06-0194, and amended Resolution, as more particularly described as follows: Commence at the Northeast corner of Lot 2, Block 83s, of "Miami Heights" as recorded in Plat Book 5, Page 29 of the Public Records of Miami -Dade County, Florida; thence run 5.0 Feet West along the North Line of said Lot 2 to the point of beginning; thence continue West along the North Boundary line of said Lot 2 for a distance of 95.0 Feet; thence run North along the East right-of-way of the interstate I-95 Expressway for a distance of 50.0 feet; thence run East for a distance of 95.0 feet along the South line of Lots 19 and 20, in Block 77s, of the Map of Miami -Dade, Florida, as Recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida, to a point on the West Right -of -Way of SW 3`d Avenue; thence run South along said West Right -of -Way for a distance of 50.0 feet to the Point of Beginning. Containing 4,750.00 square feet, or 0.11 acres more or less. This Quit Claim Deed is correcting the Quit Claim Deed filed in O.R. Book 26671, Page 2953-2954 wherein the legal description is not fully described. TO HAVE AND TOHOLD the same, together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever, either in law or in equity, of the Grantor in and to the same, to the only proper use, benefit and behalf of the Grantee and the Grantee's successors and assigns forever. Note: The foregoing was approved by the Miami -Dade County Board of County Commissioners, pursuant to Resolution No. R-908-08, dated September 2, 2008. OR BK 27048 PG 4549 LAST PAGE In Witness Whe re o f , Grantor has executed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Wi Witness' (0V1 A1016 Print Witness Name STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me thisOctober Q�h, 2009 by Paul Proenza and Marlene Proenza. Such persons are personally known to me and/or produced as identification and who did/did not take an oath. No Print ame tate o Flo OCUA kc Notary Public State of Florida 1. Juan Leal cz My Commission DD795758 npndv Expires 08/08/2012 Miami Zoning Board Resolution No.: 2006-1135 Monday, February 27, 2006 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO, 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF A PORTION OF SOUTHWEST 11TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND 1-95 EXPRESSWAY, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. Upon being seconded by Mr. Carlos Martell, the motion was passed and adopted by the following vote: Mr, Charles J. Flowers Yes Mr. Miguel Gabela No Mr. Joseph H. Ganguzza No Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Away Ms. Chloe Keidaish Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina Away Mr. Angel Urquiola No AYE: 4 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 4-3 qyzA Teresita Fernandez,_ Executive S.I etary Hearing Boards Case No. 2005-1054 Item Nbr: 3 INTERSTATE 1-95 EXPRESSWAY 0 FNO.E.P (NO € SKETCH TO ACCOMPANY LEGAL DESCRIPTION FND.I.P.1f1' (2401 J N SCALE: 1 "=20' THE SOLITH 50 FEET OF LOTS 19 AND 20 BLOCK 77 P8 B.-41 PRESENT ZONING R-4 5' Conc. Wa WEST PRESENT ZONING R-4 36' Asphalt 50 00' Total RIW 2' Gutter H• SW 11 STREET STREET TO BE VACATED 4750 SQUARE FEET BF1F 51J-U{s. %1€LOG11O SN'_I LCLA FIRE I 2'GutlehT.g"- 15.94' .,Anchor " ._.. WP 5'Canc.Waik F}{ P.tra" Water 95,00'AO (+ A) Valle C.L. ......__.__,. 25.00' EAST /� . 1 00' LOT 2, BLOCK 83 "MIAMI HEIGHTS' P8 5 PG 29 PRESENT ZONING R-4 NOIR: THIS SURVEY HAS BEEN PREPARED FOR EXCLUSIVE USE OF THE ENTITIES NAMED HEREON, IfiE CERTIFICATE D005 NOT EXTEND TO ANY UNNAMED PARTY. P.0.8. 30_00' NO PM" (NO ID) 15.99' LEGAL DESRIPTION: BEGINS AT THE NORTHEAST CORNER OF LOT 2, BLOCK 83 OF "MIAMI HEIGHTS" AS RECORDED IN PLAT BOOK 5, AT PAGE 29, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2 FOR A DISTANCE OF 95.0 FEET; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY OF THE INTERSTATE I-95 EXPRESSWAY FOR A DISTANCE OF 50 FEET; THENCE RUN WEST ALONG THE SOUTH LINE OF THE SOUTH 50 FEET OF LOTS 19 AND 20, IN BLOCK 77 OF "CITY OF MIAMI SOUTH" AS RECORDED IN PLAT BOOK B PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA TO A POINT ON THE WEST RIGHT-OF-WAY OF S.W. 3RD AVENUE; THENCE RUN SOUTH ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. CONTAINING 4750 SQUARE FEET. COPYRIGHT ROBERTO BRIZUELA & A550C€ATES, INC "LEGEND P R.M.- PERMANEn1 REFENENES MOrv?41MT LI E. V1'2ITY E'SEI1ENT P.C.P.. PERT WIEN) CONTROL POINT WE- NODEFENCE F.1.0: 7000E RCN PIPE M : 1.1F1SIJAE SI.P: SET IRON PIPE 01" STAMPED R.• RECORD F.0.H: E[AiN0tlR1IL Ht0E Sn0.-.VT Nnn E. pSC STAMPED R.i.S. SD.H:SF.T DALHCAE FRO.• FIX/ND NAISL DISC CA -SEWER L./NE, C.6 SY;f ERFTE RI IAN SPROESAF RF.S: RESIDENCE END -ENCRO0CHMENS f,FE 10 .EST RODS ELEVATION Rf0,• RIGHT OF WAY 1 ,F[. FINISNFLCCRFtEVA !TOM t.-ELFAR F1LE.. CHnln LINK F6'NCE ROBERTO R. BRIZUELA A ASSOCIATES Land Surveyors OFFICE: 7323•B WEST F'LAGIIE STREET MIAMI, FLORIDA 33144 PHONE: (305)551-4393 FAX (305) 266 -6112 4HEREBY CfR11PY 1W.i MEAfAC V<0100flCN 0P snRVEr OP YME BOVEOFscRIREUPROPERFYIS DoRREcr Ss r,15 REsto 4....1S011 SuW,1400pulmmwY.110101<4 ,AR0V4A11NER1 ARE RaFALL WOXIMTn3 PTi ER 1WN sO.TF SIMMS u9/ KErf PA man OF 11 C M#MM1M 1ESIAC L STANOIALO SET... BY ME RORW. SOMA11 OFL.10 BUN YEAASbid4AflO8111Y OP Fl.ORR0 014XS11A.7T/F COOS, ...AA TO SEMOI Alj1IV AS/Dr S1AT0FE5, (08 N[JMBEROS-10-SSL_._.._ FIELD BO(W..._......._......._...�. FIELD WORK DATE00)2& 10,.. REVL51UN51:._..,..,.__.............. REVISION'S?: AEVLSION53. 14 ZIIELA 05JRt00DR Nn.3064 5(475 OFFLORFWA LEGAL DESRIPTION: BEGINS AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 83 OF "MIAMI HEIGHTS" AS RECORDED IN PLAT BOOK 5, AT PAGE 29, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2 FOR A DISTANCE OF 95.0 FEET, THENCE NORTH ALONG THE EAST RIGHT-OF-WAY OF THE INTERSTATE 1-95 EXPRESSWAY FOR A DISTANCE OF 50 FEET; THENCE RUN WEST ALONG THE SOUTH LINE OF THE SOUTH 50 FEET OF LOTS 19 AND 20, IN BLOCK 77 OF "CITY OF MIAMI SOUTH" AS RECORDED IN PLAT BOOK B PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA TO A POINT ON THE WEST RIGHT-OF-WAY OF S.W. 3RD AVENUE; THENCE RUN SOUTH ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. CONTAINING 4750 SQUARE FEET. City of Miami Master Report Enactment Number: R-06-0194 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00372 Version: 1 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Street Closure - SW 11 St Btwn SW 3 Av & 1-95 Expwy Introduced: 3/7/2006 Requester: Cost: Final Action: 3/23/2006 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHWEST 11TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND I-95 EXPRESSWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT Sponsors: Notes: Indexes: Attachments: 06-00372 Legislation.pdf,06-00372 Exhibit A SUB.pdf,06-00372 Planning Analysis.pdf,06-00372 Zoning Map.pdf,06-00372 Aerial Map.pdf,06-00372 Public Work Analysis.pdf,06-00372 Public Work Letter.pdf,06-00372 ZB Reso.pdf,06-00372 Application & Supporting Docs.pdf,06-00372 Fact Sheet.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 3/21/2006 Reviewed and Attorney Approved 1 City Commission 3/23/2006 ADOPTED 1 Office of the Mayor 4/5/2006 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 4/6/2006 Signed and Attested by City Clerk Pass City of Miami Page 1 Printed on 8/29/2012 City of Miami Legislation Resolution: R-06-0194 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00372 Final Action Date: 3/23/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHWEST 11 TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND 1-95 EXPRESSWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." WHEREAS, the Plat and Street Committee, at its meeting of July 7, 2005, reviewed and approved the tentative plat of "Incanto on 3rd Avenue Subdivision" and found that all technical requirements of Chapter 55 of the Code of the City of Miami, Florida, have been met; and WHEREAS, the Plat and Street Committee, after considering the criteria found in Section 55-13(c), recommended by a vote of four to two (4-2) that the portion of Southwest 11 th Street between Southwest 3rd Avenue and Interstate 1-95 be closed, vacated and abandoned; and WHEREAS, the Miami Zoning Board at its meeting on February 27, 2006, Item No. 3, duly adopted Resolution No. ZB 2006-1135 by a vote of four to three (4-3), RECOMMENDING DENIAL of closing, vacating, abandoning, and discontinuing a portion of a public right-of-way as hereinafter set forth (the motion to approve failed by virtue of the fact that the City Code requires five [5] favorable votes for the approval of any item before the Zoning Board); and WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding the recommendation of the Miami Zoning Board, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the recommendation of the Zoning Board and grant the vacation and closure of a portion of the public right-of-way, as hereinafter set forth; 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. After reviewing the record below and having heard argument of the parties, and being otherwise duly advised in the premise, it is found that: (a) The vacation and closure is in the public interest; and (b) Neither the general public nor public service vehicles, such as trash, garbage, police, fire and other emergency vehicles, use the street; and (c) There is ample access into the area for police, fire, emergency vehicles, and trash collection. City of Miami Page 1 of 2 File Id: 06-00372 (Version: 1) Printed On: 8/29/2012 File Number: 06-00372 Enactment Number: R-06-0194 Section 3. Therefore, the street (alley) located at Southwest 11th Street between Southwest 3rd Avenue and 1-95 Expressway, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} 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 File Id: 06-00372 (Version: 1) Printed On: 8/29/2012 TENTATIVE PLAT A REPLAT OF LOTS 1 AND 2 OF BLOCK 83s OF MIAMI HEIGHTS, P.B. 5, PG. 29, LESS THE EAST 5 FEET THEREOF AND THE SOUTH 50 FEET OF LOTS 19 AND 20 B LESS THE EAST 5 FEET OF SAID LOT 20 OF MIAMI DADE COUNTY, FL: P.B. B, PG 41 AND THAT PORTION OF S.W.11th STREET, IN SECTION 38, (MRS. HAGAN DONATION) TOWNSHIP 54 SOUTH, RANGE 41 EAST, IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA. nera7.7.2; 001' rall ALUMS .131 Itur reut SIB e ace [UDC COAT, ft. aovvv, vv. earnaD a. an ,a e7e.2e- ..-0j` .xm I �I I 1Veler'YE 1 I ramp II® ro.,.,aaaraa, of I I +1 Da a µ ,a of:lt a cA A sar sor'n) us 00 100148rn In OAP - tutu �W 0 EVEL /I N.ridla� ti Ie,or Ob b 0-2 Jpd I s. w-ae of" gym. ter 5.8 at nem it to or viciroi vvry ZEI sus slew IIERI PROPOSED "TRACT A"l wu Iwrrs- res-ram iwoof as tor rs Graphic Scale 2a' 40' (IN FEET) ,INCH = 20' not 10 ItrVALO 1 'e NN at I. Ivo AL '611 1a -IR slow Atir we t. al —LI rts ]eh SW loth ST. —- ---r Iwoe wit I1:: 1613 v rnn SA 3 mt-nsyp o. i1 r �i1 St a e sn.,M: 6/11 S e3Wx€SW 12th ST. MIAMI HEIGHTS SEWER PUMP STATION in Gir 111111105211 NOM SW 10 Sf • 111111111111111 111111111 SW 11 ST 11,1111311. LOCATION MAP SCALE: 1-= 300' A Portion of Sec. 38, Twp, 54 S., Rge. 41E TREE LEGEND am o u CANOPY W TREE TYPE CIENTIFIC NAME KET No. r 12- 2a' 20' MAHOGANY MAHA0IIIA 1 1 12- 25' 25' r'CVs BENJAMINAHJAMI ) 2 1 12- 20' 20' MAHOGANY M(SAHAGONI)WRENIA 3 1 19- 20' 25' cOCONUr NUCIF(CI000EW} 4 1 1e- 20' 25' COCONUT NUCIF(LOCOSEM) 5 1 15" 25' 30' AVOCADO ANFAIG(PERSFA N4) 6 2 e 12 N/A PALM YE PEW) 2 1 6- .. WA GARDENIA (GARDENIA JASMIN010E5) e 1 6- 12' NA / AUNNA PAIM (VETCHM MERRr3U) 9 LEGEND AND ABBREVIATIONS: FND 1/4 IP = Found Iron Pipe In Concrete. FND PK/W = Found PK Noll/Washer FND 5/8 IRC = Found Iron Rabat- with Cap FND C/Nall = Found Cut Nail FND 1/2 IR = Found Iron Rebar FND 1/2 IF = Found Iron ' / Pipe P ¢ =Center Una ill = Monument Une End. = Found HJW = Right of Way E Electrical Manhole W.V. = Woler Valve N/0. = Nail & Disc. CB = Catch Basin = Water Meier Conc. = Concrete C/Nail = Nall In Concrotn SI. = Street (R) = Recorded Distance (M) = Measured Distance 5 = Sanitary Sower Manhole R = Properly Lino P.B. = Plot Book PC. = Page C.G. = Curve & Gutter OH. = Overhead CDWY. = Concrete Driveway QD = Drain IRC. = Iron Reber w/ Cop FH. = Fire Hydrant IR. = Iron Reber Ave. = Avenue 4 = Palm Tree Tree (Mlseolaneous/See tree legend) /L = On Une = Denotes Existing Spot Elevations ,q. - Denotes Limited Access Right -of -Way = Power Pole M.D.W.A.S.D. = Mlnml-Gads Water And Sewer Deportment SURVEYOR'S REPORT: 1) Survey type: Boundary Survey. Property ddres 1042, 1100 and 1110 SW 3rd Avenue. Miami, Florida. 2) Survey i ludes proposed port of SW 1 1th St. 10 be toted by the :City of Miami. 3) Basis f Bearing: Bearings are based on the Monument. Una of SW 3rd Ave. (NO2'17.31"W) 4) This Survey is subject io Easements, Right -Of -Way and, others matters which might be reflected in a Search of Tltlo to the subject londs. 5) Monument Una and Centerline as per Municipal Atlas, City of Miami. Sheet (37-8) and (37-F). 6) Last day Field Work: 12-05-11. 7) That and expressed purpose of this Plat Is to close and vacate that portion of SW 111h Street (50 feet Right -Of -Way) as shown hereon.. 8) Owner, Miami -Dade County, Water & Sewer Deportment 3701 NW 381h Avenue, Miami, Florida. 33146-1520 Additions r Deletions to this Survey other than by the Signing Party or Parties Is prohibited without the written Consent of the : Signing Party or Parlles per Charter 472.002. Florida ' statutes and Chapter 5J-17 Florida Administrative Code. OCK 77s, PROPOSED TRACT "A" Legal Descriptions: Lot 1, Block 83s of "Miami Heights', according to the plat thereof, s recorded In PIa1 Book 5, of Page 29, less the East 5 feel'. !hereof of the Public Records of Mlaml-Dade County, Florida. And Lot 2, Block 83s af the "Miami Heights", according to the Plat thereof. recorded In Plot Book 5, at Page 29, less the East 5 feet thereof of the Public Records of Mioml-Dodo County, Florida. And The south 50 feet of Lots 19 and 20, Block 77s, "Miami Dode County, Florida" according to the plat thereof, as recorded in Plot Book B, t Pogo 41, less the East 5 feel t said lot 20. of the Public Records of Miami -Dade County, Florida. nd Legal Description for Street Vacation: That portion of SW 11Ih Street, to be closed, vacated and abandoned by the o City f Miami, ax more particularly described as follows: Commence at the Northeast comer of Lot 2, Block 83s of, "Miami Heights" as coded in pia! Book 5, Page 29, of the Public Records of Miami- Dade Counaly, Florida.. Thence -0 West along the North Boundary Line of sold Lot 2 for distance of 5.0 feel to the point of Beginning, thence continuo West for a o distance f 95.0 feet to the Point f Intersection with the, East Right -of -Way Line of the Interstate 1-95 Expressway; Thence run North along said p Right -of -Way for a distance t 50 feet to its Intersection with the South Line at the South 50 feet f Lois 19 and 20, in Block 77s f Miami -Dade County, Florida." as recorded In Plat Book B Page 41 of the Public Records of Miami —Dade County, Florida. Thence run East far a distance of 35.0 feel to a point t RIgh1-of-Way 5Wr3rda Avenue, for a distance of y of SW 3rd Avenue; Thence run of el South to the Pointd W of Beginning, Containing 4,750 sq.ft. (0.109 Acres) Total Parent Tract Containing 19,004 Square Feel, ar 0.44 Acres more or lass. Flood Zone: X As per Firm: Community Number. 120650 Panel: 0314 Date:: L Date: 9/11/09 Nap Number. 12066C0314L Miami -Dade County Flood Criteria Elevation: 6.0' (N.G.V.O. 1929) As per Miami -Dada County Plat Book 120, al Page 13 Proposed Development Information: M.D.W.A.S.D. Sewer Pump Station. Zoning: T6-24-0 Urban Cora, Transact Zone, Article 5. As per Miami 21 Zoning Code, City of Miami, Certification: 1 Hereby Certify to the best of my knowledge and ua Belief that this survey Is o true and correct presentation of the Boundary Survey conducted of the properly described hereon. I further certify that this Survey was prepared In accordance with' the MinimBoardm Technical andords Surve orand Mapset pers forth by The rdf Professional Chapter 5J-17 Florida Administrative Code, l Pursuant 10 Section 472.002, Florida Statutes. MIMI® Dd v q 4rdmee Envy Dar WATER AND SEWER DEPARTMENT ENGINEERING DIVISION bar SV be, MAIL I.VA ROOM birFnb TENTATIVE PLAT DRAWN HISTORY MOOD an our vvvvv vv. Vox REY1510N5 or Pe.e—.eh /We APPROVALS oaae 1, L moor Vase. Net eta MOT ext V. AmaA mesa axaSI:t sc pax. Car. v, d`taxlmJ t L. vs"nral s,ulp0 3. MIN mu. arm to et W. foulb 11.66. I. mar 1.1.1, rur SMELT 1 DWG. Me. .S-040 FD. 1. P. 1/2" (NO ID.) O k. X FD. I.P. 1/2", (NO ID.) LEGEND R/IP P.O.B. I.P. • N CENTER LINE MONUMENT LINE RIGHT—OF—WAY POINT OF BEGINNING IRON PIPE EXHIBIT 'A' CITY OF MIAMI MIAMI—DADE COUNTY SEC. 38-54-41 MIAMI LOTS 19 AND 20 BLOCK 77s PLAT BOOK B PG. 41 50'— --R/w- —— SOUTH LINE OF LOTS 19 & 20 PRESENT ZONING' R-4 EAST 95.00' 45' /11 50' TOTAL RIGHT OF WAY , 11 SPY llth .STREET STREET TO BE VACATED 4750 SQUARE FEET R/w- —— -- -- WEST 95.00' NORTH LINE OF LOT 2 LOT 2 BLOCK 83s "MIAMI HEIGHTS" PLAT BOOK 5, PG. 29 30' i I 5' LEGAL DESCRIPTION FOR STREET VACATION: ALL THAT PORTION OF S.W. 11th STREET CLOSED, VACATED AND TO BE ABANDONED BY THE CITY OF MIAMI, AS MORE PARTICULARLY DESCRIBED BELOW: COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK 83s, OF MIAMI HEIGHTS AS RECORDED IN PLAT BOOK 5, PAGE 29, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE RUN 5.0 FEET WEST ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2 FOR A DISTANCE OF 95.0 FEET; THENCE RUN NORTH ALONG THE EAST RIGHT—OF—WAY OF THE INTERSTATE I-95 EXPRESSWAY FOR A DISTANCE OF 50.0 FEET; THENCE RUN EAST FOR A DISTANCE OF 95.0 FEET ALONG THE SOUTH LINE OF LOTS 19 AND 20, IN BLOCK 77s OF MIAMI AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, TO A POINT ON THE WEST RIGHT—OF—WAY OF S.W. 3rd AVENUE; THENCE RUN SOUTH ALONG SAID WEST RIGHT—OF—WAY LINE FOR A DISTANCE OF 50.0 FEET TO THE POINT OF BEGINNING. CONTAINING 4,750.0 SQUARE FEET, OR 0.11 ACRES MORE OR LESS. FAEL R. CABRERA Professional Surveyor and Mapper State of Florida — License No. L.S. 5665 3575 S. Le Jeune Rd, Miami, FL 33146 WASD (786 6 5327 Date 3 201 �- NOT VALID WITHOUT THE SIGNATURE THE ORIGINAL RAISED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION AND SKETCH FOR RIGHT OF WAY CLOSING (S.W. llth STREET) FOR MIAMI HEIGHTS SEWER PUMP STATION MIAMI—DADE WATER AND SEWER DEPARTMENT DATE: FEB. 6, 2012 SCALE: N.T.S. DRAWN BY: E.J.P. S-157 rn 50.0' "MIAMI HEIGHTS" PLAT BOOK 5, PG. 29 LOT 1 BLOCK 83s (LESS E. 5 FEET) to 50.0' LEGEND - — CENTER LINE - — MONUMENT LINE R/W— RIGHT—OF—WAY — — PROPERTY LINE rn EXHIBIT eA' CITY OF MIAMI MIAMI—DADE COUNTY SEC. 38-54-41 50.0'g "MIAMI HEIGHTS" PLAT BOOK 5, PG. 29 0 LOT 2 BLOCK 83s iri (LESS E. 5 FEET) 1 �- EAST LINE OF 1-95 R.O.W. 50.0' 50.0' 25' F . I 25' 5' POR770N I OF SW 11 S EET 7O BE VACATED MIAMI PB. B—PG. 41 BLOCK 77s SOUTH 50' OF LOT 19 MIAMI PB. B—PG. 41 BLOCK 77s SOUTH 50' OF LOT 20 (LESS E. 5 FEET) I50.�0' 50.0' ORIGINAL R/GHT OF WAY LINE 5 R/W DEDICATED BY D.B. 571, PG. 379 ®R/W 50.0' S. W. 3rd AVENUE ORIGINAL RIGHT OF WAY LINE 1CQ 5' 25' • 25' LEGAL DESCRIPTION: THE SOUTH 50 FEET OF LOTS 19 AND 20, BLOCK 77s, LESS THE EAST 5 FEET OF LOT 20, OF MIAMI ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. AND LOT 2, BLOCK 83s, LESS THE EAST 5 FEET THEREOF, OF MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5 AT PAGE 29, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. AND LOT 1, BLOCK 83s, LESS THE EAST 5 FEET THEREOF, OF MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 29, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AEL R. CABRERA Professional Surveyor and Mapper State of Florida — License No. L.S. 5665 3575 S. Le Jeune Rd. Miami, EL 33146 a D (786) 26 —5327 Date. �(z NOT VALID WITHOUT THE SIGIATURE THE ORIGINAL W\t,t,_ RAISED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION AND SKETCH FOR MIAMI HEIGHTS SEWER PUMP STATION SITE MIAMI—DADE WATER AND SEWER DEPARTMENT DATE: FEB. 6, 2012 SCALE: N.T.S. DRAWN BY: E.J.P. S-158