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HomeMy WebLinkAboutPZAB 04-18-12 Supporting DocsPZAB.1 File ID: Title: Location: Applicant(s): PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-00714sc 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 (THAT PORTION OF) CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, MIAMI, FLORIDA. Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane, East of Rogers Road [Commissioner Marc David Sarnoff - District 2] Ben Fernandez, Esquire, on behalf of Stephen Bittel, as Trustee of the Acme Real Estate Trust 200 S. Biscayne Blvd. Ste 850 Miami, FL 33131 (305) 374-5300 Zoning: T3-R Sub -Urban Zone Purpose: This will close and vacate Curtis Lane, East of Rodgers Road and two North/South easements. Planning and Zoning Department Recommendation: Approval. Public Works Department Recommendation: Approval. Platt and Street Committee Recommendation: Approval on July 7, 2011 by a vote of 7-0. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: Continued on September 14, 2011, December 14, 2011, February 1, 2012 and March 7, 2012. PLANNING DEPARTMENT ANALYSIS Case No. 2011- 00318sc CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD, 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: • It is found that this application was presented to the Plat and Street Committee and was approved with a vote of 7 in favor and 0 in denial. • It is found that Curtis Lane is a short, "dead end" roadway and the portion to be closing serves only the property of the tentative plat applicant. • It is found that Curtis Lane does not serve any public facilities and the general public does not regularly use this roadway. • It is found that there would be no adverse effect on the ability to provide police, fire and emergency services. Based on these findings, the Planning Department recommends approval of the request. KLEBBA DR T3-R M IAM 121 MAP CURTIS LN cc cc w 0 cc J H 0) w MATHESON AVE S BAYHOMES DR STEWART AVE Legend Coconut Grove NCD BATTERSEA RD 0 150 300 I I I 600 Feet ADDRESS: 11-00714sc 0 150 300 600 Feet ADDRESS: 11-00714sc Forges, Sandra From: Helmers, Leonard J Sent: Monday, December 05, 2011 12:23 PM To: Forges, Sandra Cc: Rodriguez, Anel; Santana Jr., Juvenal Subject: RE: PZAB 9-14-11 - Street Closure: 11-00714sc Please see the Public Works analysis below: "KLEBBA BAY ESTATES RESUBDIVISION" CLOSURE AND VACATION OF CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED • ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST OF ROGERS ROAD The Plat and Street Committee has reviewed the tentative plat of "Kleeba Bay Estates Resubdivision" 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 Curtis Lane and the two north/south easements with respect to the Miami City Code requirements and has voted 7 in favor and 0 in denial of this vacation and closure request. From: Forges, Sandra Sent: Monday, August 22, 2011 1:02 PM To: Santana Jr., Juvenal Cc: Rodriguez, Anel Subject: PZAB 9-14-11 - Street Closure: 11-00714sc Importance: High Good afternoon Juvenal, Please find attached a draft copy of the Fact Sheet for a street closure that will be on the upcoming PZAB agenda. Please provide an analysis from Public Works. If you need any additional information, feel free to contact me. Thanks. Kind regards, 5andra Forges City of Miami Hearing Boards * Main Line: 305-416-2030 * Direct Line: 305-416-1638 * Email: sforges(c�miamigov.com * A SAVE PAPER. THINK BEFORE PRINTING. The City of Miami is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E- mail messages are covered under such laws and thus subject to disclosure. 1 j1 BERCOW RADELL & FERNAN D EZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandez(u)BRZoninglaw.com VIA HAND DELIVERY July 29, 2011 Mr. Anel Rodriguez Administrative Assistant II City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 Re: 3500 Curtis Lane - Vacation of Right of Way This law firm represents Acme Real Estate Trust, the owner of the property (the "Applicant") that is the subject of the enclosed application for a vacation of a portion of Curtis Lane. This letter shall serve as the Applicant's letter of intent in support of the application. The right of way that is the subject of the vacation request is approximately 13,025 square feet in size and is developed with a cul-de-sac that is a part of Curtis Lane in Coconut Grove (Exhibit A). This segment of roadway serves as the principal access to the home at 3500 Curtis Lane owned by the applicant. There are also two other residential lots with frontage on the cul-de-sac that are also owned by the Applicant. One of these lots is vacant and is a part of the main residence at 3500 Curtis Lane. The other lot is developed with a single family home. Accordingly, the area to be vacated is entirely surrounded by property under the ownership of the Applicant. Due to the fact that the main residence is considerably setback from Curtis Lane, the Applicant would like the ability to provide secured access where Rogers Road meets Curtis Lane. The proposed closure of this portion of Curtis Lane would not affect any properties under a different ownership, since all of the land abutting the roadway developed and that the main home is considerably setback from the right-of-way results WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM in a minimal amount of neighborhood presence along this segment of Curtis Lane. This condition invites loitering and speeding on the roadway. In fact, there have been accounts of this activity documented by the City of Miami Police Department (Exhibit B). The closure of this right-of-way would help provide better security for the neighborhood by prohibiting the entire length of Curtis Lane from being accessed by vehicles. In addition, the closure of this right-of-way would generate additional tax revenues and recognize the fact that the general public makes very little use of the roadway. Furthermore, the closure would recognize that there are no emergency vehicles, Fire Department services or utilities that require that this segment of Curtis Lane remain open. The Applicant obtained a tentative plat approval earlier this year wherein the Plat and Street Committee recognized these facts and unanimously recorrunended in favor of the Applicant's request to vacate the right-of-way. For all of the foregoing reasons, the respectfully request that the application be approved. BF/bl Enclosures Sine. Ben Fernandez BERCOW RADELL & FERNAN DEZ ZONING, LAN ID USE ANO ENVIRONMENTAL LAW Exhibit A BERCOW RADELL & FERNANDEZ ZONING, LAND USE ANO ENVIRONMENTAL LAW. • 1 REPORT(SIGNAL ("s".z A, :!DATE:OF ;DISPATCH I.INC.'bATE.': TIME DAY Poe/ r'7 '© /lair/ /S(� 3 : (LOCATION .OF.INCIDENT .6 :ON SCENE ' IN SERVICE f, APT. 11 'B UNIT # Pad) ert'r AVE 12';TYP.E; OF.FENSEIINQIDENT "• • sY /4;iee9'YO 1.8';:i:ATTEMP.TED COMMITTED. �21 .`,STATUTE:8.1 •.:.. 10 .PIN # /'REVIEWED BY 13 COPY TO - VI.1 O VI,2 (7) VI.3 I`) - VI.1 ( VI2 C) VI.3 C.) 117 - 7171?I7 24 'LOCATION TYRE ( RESIDENCE- c�INGL CFj APARTMENT/CONDO CT) RESIDENCE -OTHER HOTEUMOTEL 3) CONVENIENCE STORE 1 '-VICTIM TYPE .3:';.VICTIM'S :: tRELATIONS,HIP ' 10 OFFENDER WITN, CD` SS4,; a) GAS STATION CT.) LIQUOR SALES C-) BAR/NIGHTCLUB 3) SUPERMARKET OFFICE BLDG. Qr0 DEPT./DISCOUNT (7 ) INDUSTRIAL/MFG. STORE j STORAGE i1) SPECIALTY STORE a) GOVT/PUBLIC BLDG 14 CROSS REF INC. # 16 INV, PIN 4I 19 ;FORCED ENTRY (st ucture only) 0 YES (I NO C N/A 22 STATUTE 82 VICTIM #1 VICTIM #2 VICTIM #3 JUVENILE ENFORCEMENT Cf) a) CS) C2) (a) a) II -I111 (.2) DRUG STORE/HOSPITAL ({g) SCHOOL/UNIVERSITY C3) BANK/FINANCIAL INST. (i8) JAIL/PRISON Cj COMMERCIAU In) RELIGIOUS BLDG. a AIRPORT 23; BUS/RAIL TERMINAL 17) CONSTRUCTION SITE I'0q) OTHER STRUCTURE ADULT (3) BUSINESS GOVERNMENT CHURCH (4 (-) (8) (4) (I) (8) 11 OFFICER ASSAULTED D YES raix NO 16 24 DESK PIN H 17 TIME 20 NO. OF STRU,GTURES ENTERED 23 STATUTE 43 INCIDENT/NUMBER r (og) C,a i c ; (8Y(1? 'COD Cps C (.7) Cj_) :.:, (1) E (i) (1) (OD 4;2T 41 C (11) C2) ,:2J C;f> Ca) (••1) 0) (2) (3) ($) OD l ,) L4).CO 4 I CO CO (4) CO (4) (A' (8.. () CO;) C) (S) CO).CO (.) CA) di) (G)(S](6.) A) (5) (1) CAD C#) e) CAD Cc ((0 (.Y) (.:)C:S:?C8)(8):(6)(9';f,�Jl(.R) 1i) CQ: 35) REFUGEE RELATED (2•31 PARK. LOT/GARAGE (_-) HATE CRIME k) HIGHWAY/ROADWAY C) MEDICAL RELATED qv PARK/FIELD WOODLANDS Q DOMESTIC VIOLENCE (1Ui LAKENJATERWAY 0 TOURIST CRIME (3) MOTOR VEHICLE r-) DISASTER RELATED (31)) OTHER MOBILE (;) MDT HIT (;),4'+OTHER KNOWN C) GANG RELATED OTHER Ce-) (.-6) (_9) WILL VICTIM PROSECUTE? (1) YES 4.::& NO C-.) YES C) NO Imo)YES C.)NO VICTIM #1 VICTIM #2 VICTIM #3 UNDETER. NA MINED STRANGER SPOUSE Qa a a () ((f1) (o2) (03) �) arD a @) CHILD OF. SOY/ STUDENT TEACHER S RIENDL FRIEND VICTIM #1 (f 0.A) () (1 ) VICTIM #2 al) (o CO Co VICTIM #3 a) C14) am (I•_6) 2 `LAST NAME, FIRST, ;MIDDLE /BUSINESS 9 I71q Ik 131 YICTIM.OF. ?.? 1 2 3 STATUTE; ` L CD 0 10 BUSINESS ADDRESS 1 VICT. 0 P.R. O WITN. C� 6 SS# ROER. STEP- STEP. OTHE SPOUSE HABITANT PARENT B3 STER CHILD PARENT CHILD MAW FAMILYY MAW (bq) (E) • (03) l - -(Q6,) (43) CO• (ID r ) (((4) 0) C8 (67) 011) (#1) C14) (.) (9 ) a (a3 a at) (o3 ( ) 311) (9i) (1z. SIDT FRIEND NEIGHBOR C� Ea PLOYEE PLOVER TENANT D/ ATANCE OTHER (33) (J) - (12) am (o) ( (2m'• cf./ am (9) IS (2 ( ) (23:, (`59) Cfi_/t 13) (t9) 03:: (37) a (2_3) (50:, 7 RESIDENCE ADDRESS 55 CO -S'/4'444101- 8 .RESIDENCE C4-!)) N/A ,:STATUS (1)1.) FULL YEAR SCHOOL CITY � ZIP 2 LAST NAME, FIRST, MIDDLE/BUSINESS IN 8 VICTIM OF 1 2 3 STATUTE C) C.) 0 10 BUSINESS ADDRESS 1 VICT. (� P.R. C) WITN..0 SCHOOL 7 RESIDENCE ADDRESS B RESIDENCE STATUS CITY / ZIP 2 LAST NAME, FIRST, MIDDLE / BUSINESS 8 VICTIM OF 1 2 3 STATUTE 0 C) c '10 BUSINESS ADDRESS r2 EXTENT OF.INJI.IRY VICTIM #1 VICTIM #2 VICTIM #3 iINJURY TYPE VICTIM #1 VICTIM 112 VICTIM 413 1 PERSON INTERVIEWED 1 PERSON INTERVIEWED SCHOOL VICTIM OF DOMESTIC OD VIOLENCE? 'H) VIC PAMPHLET (•Y) PAMPHLET (y) GIVEN ((V;) GIVEN ('8) CITY (02) PART YEAR a) NON-RESIDENT 11 DAY/TIME AVAIL. ST9,TE CI CIVIL DISTURBANCE 2 TOTAL NUMBER OF VICTIMS 3 . A/J ; 4 R/S 0J fr' +6.'•�DOB/AGE 1.tt9 C • CA) .CA) aD ( ) C8: (CI) Cti) (ID CL) CU) CIY) (8) (4y) CCU CET) CS_) (t) (U) ()) (I 2) CP (1. ZIP COUN RY 3 f.32 ‘4,/¢„ 9A RESIDENCE . (0) N/A (41) COUNTY ($A) OUT OF TYPE • (li7) CITY (5) FLORIDA STATE 12 OCCUPATION/TITLE 13• Ku. PHONE 14 BUS. PHONE r'�Af/c4d pox. (7 .51,1g 4Jf3:3I( ) VICTIM OF VIC DV DOMESTIC C-'-) PAMPHLET ) PAMPHLET CY) VIOLENCE? (N) GIVEN ;:f1) GIVEN (IR) APT. # CITY STATE ,47)N/A (4 PART YEAR 8A RESIDENCE (8DFULLYEAR (0E'NON-RESIDENT TYPE 11 DAY/TIME AVAIL. 12 OCCUPATION/TITLE 7 RESIDENCE ADDRESS 0 RESIDENCE a N/A 3 A/J C)A . J ZIP. 4 R/S 5 DOB/AGE /COUNTRY VICTIM OF (�) VIC-' •DV DOMESTIC PAMPHLET (Y) • PAMPHLET (I) VIOLENCE? (N) , GIVEN (N': ---GIVEN CEO APT, A CITY STATE (03 N/A • (Q2/ COUNTY (8) OUT OF ($)• CITY a FLORIDA STATE 13 RES. PHONE 14 BUS. PHONE ( ) ( ) (02"/ PART YEAR STATUS () FULL YEAR 01a) NON-RESIDENT CITY / ZIP 11 DAY/TIME AVAIL. NONE MINOR SERIOUS FATAL CA) (3) CD C� (3 C) CO (i) C 2) GUNSHOT (�1) 0 2 A/J 2 A/J 3 (.J (8i AGE 3 AGE 9A RESIDENCE a N/A TYPE (01) CITY 12 OCCUPATION/TITLE 2 LOCATION ON BODY, VI. 81 VI, #2 VI. #3 STABBED LACERATION ((12) • CO (03) (0) 4 RES. ADDRESS 3 A/J 4 R/S 5 'DOB/AGE (1)A OJ 13 RES, PHONE ( ) ZIP COUNTRY a COUNTY (0.4_) OUT OF '(03) FLORIDA STATE 14 BUS. PHONE ( ) 3 VI. #OSPITAVCLINA, p,r SQUAD f VI. #2 VI. #3 CONCIOUE BROEENSBONEE USSNURYNAL LTEETHF BURNS a III `3 r, I`II ( .i • I 0:4)1I ; {ICT630E-;;IIITY- :�:_ l-�L,k?rL• .;��E��'1(ou) CTY= I I ,I`APTyr)'19;1IS•ADDRESSI WITH THE (.,CITY' (, )i-i'j'IVi, , III HOk.I s I; EDEPARTMENT' it 4 RES. ADDRESSI1'(.-CITY I PLEASEDO.NOT WRITE IN THIS AREA )0C)C ABRASIONS/ BRUISES (09) (I OTHER a (.2) (38) RES, PHONE ( ) BUS. PHONE ( ) RES. PHONE ( ) BUS. PHONE ) 416820 9 B ■ ■ 1t A Y ■ r ✓ ■ e 1m e R e ■ ■ e ■ ■ 1C ■ 1 to so 16 1 ow • to at - ms to t i 1ti m ® ' WS 1 1 t• 1! 1 it 1 tag 1 R 1� 11111 11� <<=�Ni NECBE ThNCIDENT:NUMBER..;•• 742 1::?•• 1 INCIDENT TYPE PIN it 2 OFFICER ACTIVITY • • • • 3 6 (-2) 00 - N/A tA.) , HANDGUN. (j..) /1) (..E) 02 - RIFLE Cf.) 03 -.SHOTGUN .(3) (2) 04 - FIREARM (3) (1) 05 - KNIFE/ CUTTING INST. CALIBER/GAUGE 4 MAKE NARRATIVE: )V4d 17 1 OFFICER KILLED FELONIOUS ' 2 OFFICER KILLED ACCIDENT OR NEGLIGENCE .4 OFFICER ASSAULTED, NO INJURY 4. OFFICER ASSAULTED, MINOR INJURY .:4. OFFICEF1 ASSAULTED, SERIOUS INJURY 3 TYPE OF ASSIGNMENT 1. RESPONDING TO DISTURBANCE BREAKING AND ENTERING IN PROGRESS OR PURSUING B. AND E. SUSPECT 3 ROBBERY IN PROGRESS OR PURSUING ROBBERY SUSPECT fl ATTEMPTING OTHER ARREST 6 CIVIL DISORDER .1ONE PERSON. VEHICLE, ALONE '.6"' DETECTIVE OR SPECIAL 12. ONE PERSON, ASSIGNMENT, ASSISTED VEHICLE, ASSISTED '.0.. TRAFFIC/MOTORCYCLE :. TWO PERSON, VEHICLE OFFICER '.:4) DETECTIVE OR SPECIAL iit.• OTHER,ALONE ASSIGNMENT. ALONE ;-5.. OTHER, ASSISTED 6 WAS OFFENDER INJURED? : C. YES r.:::, NO EXTENT OF INJURIES TO OFFENDER 1501 N/A 0.-g, MODERATE rT.) ,at: MINOR 43; SERIOUS e.(12) FATAL UNI<. 6: 0FFICER. EkPERINCE' (IN yEARS) AGE (1?) 1!) .7: OP#9:AsS'AOLTEDLiWOFP,ENDER/suppEDT #,: Ps0P. s - STOLEN - RECVD FOR H - RETURNED TO OWNER E - EVIDENCE/SEIZED 1 DESCRIPTION -OF ARTICLE SERIALS MODEL, BRAND NAME, ETC. CODE F - FOUNDR OTHER AGENCY I< - PHOTOS TAKEN PROPERTY Y - MPD STOLEN & REC. D - DAMAGE (INC. VALUE) P - PERSONAL RETURNED TO OWNER A -ARSON (INC. VALUE) 6 2 3 4 5 PROP. CODE VIC 8 QUAN. SERIAL 4, MODEL, BRAND NAME, ETC. (3) 06 - BLUNT OBJECT (1) a.) 12 - SIMULATED (3) 07 HANDS/FISTS/FEET (3) 13 - DRUGS (2)09 • POISON (D. (2) SB..- UNKNOWN 09 - EXPLOSIVES CID (3) 99 - OTHER (2) 10 - FIREJINCENDIARY • (NAAR) (3) 11 - THREAT/INTIMIDATION 6: DOMESTIC DISTURBANCE HANDLING, TRANSPORTING, CUSTODy OF PRISONERS •3:. INVESTIGATING SUSPICIOUS PERSONS OR CIRCUMSTANCES AMBUSI1, NO WARNING 10 ASSAILANT MENTALLY DERANGED 1•1 TRAFFIC PURSUIT OR STOP 12 OTHER WAS OFFICER WEARING BODYARMOR? DID ARMOR PREVENT SERIOUS INJURY OR FATALITY? f WAS OFFICER AWARE OFFENDER HAD WEAPON? DID OFFENDER USE OFFICER'S WEAPON? CD WAS A FIREARM DISCHARGED BY OFFENDER? %:) C. DISTANCE FROM OFFICER IN FEET (ESTIMATE) 4 (ANSWER ALL QUESTIONS Y. UNK N/A WAS A FIREARM DISCHARGED BY THE OFFICER? VALUE 6 SERIAL 2 WEAPON FEATURES (-23 0 1 - CHROME/NICKEL 02 - BLUE STEEL 0.) C21 03 - AUTOMATIC - (T.) (3) 04 - REVOLVER cf..) (3) 05 - SHORT BARREL (T) (3) 06 - LONG BARREL PROPERTY RECEIPT DESCRIPTION OF ARTICLE 6 VALUE L:13 (3) 07 - DOUBLE BARREL C.3) 13 - LG. BORE (2',) 08 - SINGLE BARREL Q-,1/ 14 - SM. BORE (1) (3) 09 - SAWED OFF CD q') 15 - OTHER CID - PUMP " DESCRIBE /.1:. 11 - BOLT ACTION 12 -ALTERED STOCK 6 BARREL - LENGTH 7 MODEL 8 COLOR 9 TYPE OF GRIPS 10 BUTT P e' •4";`' 7e 44"--44- l..i,674' -,"/-&V _z: z,/ /pre7- l'e/.."2, -‹ 0 / k,ej e9 ,... -7- 2 4c7_ ..s7---(f7e.42 :,, eoli'e,,,-.„,.-7 , . e"Xrret,f2 '';'.-77-7'e--c•-e,r1 /..i.:-17 1-te, ,,,,,,,p,,,,,e-e4;;,--e- ,-74-- ,.;54,,,:-/../,,,,,,"f„.-4„., ar?../ 74,er a cc id--4.4- a er,..-7,c,r=-- -x-e--A: --e.- _ ( - % Xc..< Ae- ,„r.-5/7ec7ce,,,:e`c 4/,- ...z- --74,,,-, a.02-c.' r/-4--,E./ao'c, z- c"-.4ew • 4 z 1 ,e&e, .i",?2 1 - r-e,,,e,,,v 44:,:sf PLEASE Do NOT WRITE IN THIS AREA Mark Reflex o by NCS EM-164334-2:1312111090 GSM Printed In U.S.A. 416820 Exhibit B BERCOW RADELL & FERNA►N DEZ ZONING, LAN ID USE ANC) ENVIRONMENTAL LAW (Cif tami July 15, 2011 Stephen Bittel Trustee of Acme Real Estate Trust 60 Edgewater Drive, Unit TSK Coral Gables, FL 33133 KLEBBA BAY ESTATES RESUBDIVISION NEW TENTATIVE PLAT #1776 LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE, EAST O.F ROGERS ROAD. Dear Mr. Bittel: JOHNNY MARTINEZ, P.E. City Manager The City of Miami Plat and Street Committee, at its meeting of July 7, 2011 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. On the Application provide item #3 and #7. 2. Location Sketch a) Show zoning designations and zoning district lines. b) Label the subdivision names, and Plat Book and Page numbers of the under lying and adjacent plats. c) Provide a sectional fractional description. d) Draw the location sketch to scale and accurately show the underlying platted lots and right of way. 3. Under the title block include the description: "A REPLAT OF...." 4. On the curve information show the correct designation for DELTA (Central Angle). 5. Show the utilities location (including underground) within the Right of Way. ' 6. Verify if the existing structures are to remain, and if so, provide verification from the Zoning Administrator that they meet zoning requirements. 7. Include the two north/south easements to be closed and vacated in the intent of the re -plat. 8. Provide elevations on City of Miami datum. 9. Provide an Opinion of Title from the Trust of the Internal Improvement Fund (DEP) for the submerged land included in the plat. 10. Clarify if the existing seawall extends to the northeast corner of the proposed plat. 11. Provide the permit records for the exiting dock and boat loft. 12. This proposed plat is located in an Archeological Conservation Area. An administrative "Certificate of Appropriateness" is required from the City's Historical and Environmental Preservation Officer. 13. Add "T-3R/NCD overlay" to the Zoning notes. 14. Provide copies of the microfilm building records for all existing structures on the property, including the dock. 15. Provide elevations along the seawall cap at 25 foot intervals. 16. Provide elevations in the right of way in 25 foot intervals along the base building line, edge of pavement and centerline. Also, along the proposed extension of the base building across Curtis Lane. -17. Provide copies of the building records for the fences and walls located in the easements. 18. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 19. Verify with Miami -Dade County that the proposed plat name is acceptable. 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 20. All encroachments across proposed tracts and/or lot lines must be removed prior to final plat submittal. 21. An opinion of title, in the City of Miami opinion of title form, must be provided at the time of the final plat submittal. 22. Current 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. 23. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 24. 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 his surveyor and his attorney to assure that everything is in order before submitting the final plat package. 25. 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. 26. A letter of concurrency from. the Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). 27. An opinion of title as to the reversionary rights for the right-of-way to be closed and vacated will be required by the Zoning 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. 28. The Zoning Board will require a sketch and legal description with a square footage, on an 8'/ "x11" paper, for the proposed closure. Contact the Chief of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 29. The Plat and Street Committee has reviewed the tentative plat of Klebba Bay Estates Resubdivision 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 right-of-way and the two north/south easements with respect to Miami City Code requirements and have voted 7 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. OPTION: Thesubmission 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 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 after the amount of the bond has been determined for the necessary subdivision improvements. 6. 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. 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 NI/ JH/cdt 71tglt Enclosure: Contact Sheet c: Ben Fernandez, Esq. Bercow RadeII & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 Fortin, Leavy, Skiles, Inc. 180 NE 168 Street North Miami Beach, FL 33162 Plat and Street Committee Members Surveys Development and Roadway Plans Central ,ti ,inu oar study ris 7Go wddd Superintendent of Schools Alberto M. Carvalho August 3, 2011 . VIA ELECTRONIC MAIL Mr. Ben Fernandez Bercow Radell and Fernandez 200 S. Biscayne Blvd., Suite 850 Miami, Florida 33131-3257 RE: SCHOOL CONCURRENCY DETERMINATION STEPHEN BITTEL, TRUSTEE OF ACME REAL ESTATE KLEEBBA BAY ESTATES SUBDIVISION T-1776 LOCATED AT 3500 CURTIS LANE PT0111080200135 - Folio No. 0141280310150 Dear Applicant: Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Renier Diaz de la Portilla Dr. Wilbert "Tee" Holloway • Dr. Martin Karp Dr. Marta Perez Raquel A. Regaledo Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning, the above -referenced application was reviewed for compliance with Public School Concurrency (PT0111080200135). This application results in a total impact of Tess than one (1) student in any level or type of school, therefore it is exempt from the requirements of public school concurrency and no further action is required at this time. Should you have any questions, please feel free to contact me at 305-995-4501. IMR:mo L064 cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer- 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285.305-995-4760 (FAX) • arijo@dadeschools.net VACATION AND CLOSURE APPLICATION HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards 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 before the deadline 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 (8Vx11") 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. 06-2011 1 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of Stephen Bittel, as trustee of the Acme Real Estate Trust 2. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8'/x11" prepared by a State of Florida registered land'` surveyor. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8Vx11" prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 4. 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. 5. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 6. 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. 7. 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". 8. At least two photographs showing the entire property showing land and improvements. 9. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 10. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 11. 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. 12. Certified list of owners of real estate within 500 feet of the subject property. Rev. 06-2011 2 VACATION AND CLOSURE APPLICATION 13. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 14. The subject property(ies) cannot have any open code enforcement/lien violations. 15. What is the acreage of the project/property site? 13,025 square feet 16. What is the purpose of this application/nature of proposed use? Residential Single Family 17. Is the property within the boundaries of a historic site, historic district or archeological zone? Pleasecontact the Planning Department on the 3rd Floor for information. No. 18. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No. 19. Cost of processing according to Section 62-156 of the Miami City Code*: Vacation of public right-of-way: a. Original submittal: 1. Per square foot of right-of-way 2. Minimum b. Re -submittals: 1. Per square foot of right-of-way 2. Minimum 3. Maximum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice *Pursuant to • din. nce 12719, the form of a c-rtifi-. check, Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 $ .90. $ 1,200.00 $ .90 $ 1,200.00 $ 1,700.00 $ 3.50 nning and zoning fees in excess of $25, 000.00, shall be paid in check, or money order. Address 200 South Biscayne Boulevard, # 850 Miami, FL 33131 E-mail BFernandez(a)BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this __ day of - July 2011, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who didtakqan oath. (Stamp) OE17YU.8 ENA MYCOIAA t600080413 EXPP EE&:.March 6, 2014 Wild Net Noy Public Underwriters Rev. 06-2011 3 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., 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. Ben Fernandez, Esq. Applicant(s) Name Aplicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 29th day of July 2011, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me •ho has produced as identification and who did did not take an oa (Stamp) Signature BETTY UERENA MYCOMMISSION QOD200413 EXFtREB: Web 2, 2014 BL•ned Thni Notary PN/90 tindowdas Y:iev .zGs smea z Rev. 06-2011 4 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) Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to Agreement dated April 5, 2011. Percentage of Ownership The qualified beneficiaries of the Trust, i.e., the primary, beneficiaries, are Nathan Leight and Elizabeth Leight. .(100%) Subject Property Address(es) 3500 Curtis Lane, Miami , FL (folio No. 01-4128-031-0150_1 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): N/A N/A N/A N/A N/A N/A Ben Fernandez, Esq. Owners) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE O ner(s) or Attorne Sig 're The foregoing was acknowledged before me this 2nd day of August 2011, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known me or who has produced as identification and who did (did not) take (Stamp) Rev. 06-2011 111111111111 111111111111111111111111111111111 This instrument prepared by and return to: Larry B. Alexander, Esquire Jones, Foster, Johnston & Stubbs, P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 CERTIFICATION OF TRUST CFN 2O 1 1 RO265964 OR Bk 27664 Pss 3692 - 3694; (3pss) RECORDED 04/25/2011 11:52:15 HARVEY RUVIN, CLERK. OF COURT MIAMI-DADE COUNTY, FLORIDA This Certification of Trust is made this PI day of »parr 1 , 2011, by the undersigned Trustee, pursuant to and in accordance with Section 736.1017, Florida Statutes; accordingly, said undersigned, after being duly sworn, hereby certifies the following: 1. The undersigned has personal knowledge of all matters set forth in this Certificate, 2. That certain Trust known as ACME Real Estate Trust created pursuant to agreement dated April 5, 2011 (hereinafter the "Trust") was duly executed, and created by Nathan Leight, Settlor, on April 5, 2011, and has continued in existence from the date created through the date hereof and remains in full force and effect. 3. The current duly authorized and acting Trustee of the Trust and his address is as follows: Stephen Bittel 60 Edgewater Drive, Unit TSK Coral Gables, FL 33133 4. The Trust grants the Trustee full power and authority to deal in or with the Trust property, or any interest therein or any part thereof, and to protect, conserve, sell, lease, encumber or otherwise to manage and dispose of any and all trust property including, without limitation, the property described in Exhibit A attached or any part thereof, 5. The Trust is revocable, and Nathan Leight holds the power to revoke the Trust. 6, The Trust authorizes the Trustee to execute any and all documents required in connection with any sale, lease, mortgage or other transfer including, without limitation, deeds, mortgages, certifications, affidavits, closing statements and other related documents. 7. That title to all property of the Trust including, without limitation, the above described property shall be titled as follows: "Stephen Bittel, as Trustee 3 Book27664/Page3692 CFN#20110265964 Page 1 of 3 of the ACME Real Estate Trust created pursuant to agreement dated April 5, 2011." 8. The Trust has not been revoked, modified or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect and contains no contrary powers or restrictions to the powers set forth herein. 9. The undersigned hereby acknowledges and agrees that this Certification of Trust is being made pursuant to and in accordance with Section 736.1017, Florida Statutes, with full understanding that it will be relied upon to establish the truth of the matters set forth herein as provided under said Section 736.1017, Florida Statutes, 10. This Certificate is made and given by the undersigned with full knowledge of applicable Florida laws regarding sworn instruments and penalties and liabilities resulting from false statements and misrepresentations therein.. In Witness Whereof, the undersigned has duly executed and delivered this Certification of Trust the day and year first above written. Stephen Bittel, as wee of the ACME Real Estate Trust created pursuant to agreement dated April 5, 2011 State of FLORIDA County of Miami -Dade • T e foregoing instrument was acknowledged before me this /7 day of ri 1 , 2011, by Stephen Bittel, as Trustee of the ACME Real Estate Trust c i ated pursuant to agreement dated April 5, 2011, who Li is personally known to me or who Lj has produced as identification. (NOTARY SEAL) p;\docs\15034\002O5 doc\1 ai2511 doc Notary Public — State of Print Name: My Commission Expires: 2 Book27664/Page3693 CFN#20110265964 Page 2 of 3 OPINION OF TITLE TO: CITY OF MIAMI With the understanding that this Opinion of Title is furnished to the City of Miami, in compliance with certain right-of-way vacation requirements, and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described, it is hereby certified that I have examined First American Title Insurance Company's Owner's Policy No. 5011412-2038, with an effective date of April 6, 2011 and First American Title Insurance Company's Loan Title Insurance Policy Numbers 5011312-1038 and 5011312-1039, both with an effective date of April 25, 2011, and title search updates covering the period from April 25, 2011 through June 29, 2011, inclusive, for the following described property: Lots 14, 15 and 16, Block 1, KLEBBA BAY ESTATES, according to the Plat thereof, as recorded in Plat Book 95, at Page 20, of the Public Records of Miami - Dade County, Florida. I am of the opinion that on the last mentioned date, the fee simple title to the above -described real property was vested in: Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to Agreement dated April 5, 2011 I am further of the opinion that Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to Agreement dated April 5, 201, is the owner of the only properties surrounding the cul-de-sac on all sides, and therefor he is the owner of all reversionary interests related to the Property in the abutting right-of-way described on Exhibit "A". Subject to the following encumbrances, (if "none" please indicate): 1. RECORDED MORTGAGES: Mortgage dated April 14, 2011 by Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to Agreement dated April 5, 2011, in favor of DB Private Wealth Mortgage, Ltd., recorded on April 25, 2011, in Official Records Book 27664, Page 3695 of the Public Records of Miami -Dade County, Florida; and Mortgage dated April 14, 2011 by Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to Agreement dated April 5, 2011, in favor of DB Private Wealth Mortgage, Ltd., recorded on April 25, 2011, in Official Records Book 27664, Page 3710 of the Public Records of Miami -Dade County, Florida. 2. TITLE EXCEPTIONS: Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of KLEBBA BAY ESTATES, as recorded in Plat Book 95, at Page 20, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Opinion of Title Page 2 August 1, 2011 Covenant Running with the Land recorded in Official Records Book 8385, at Page 1792. Covenant Running with the Land, filed March 13, 1980, in Official Records Book 10685, at Page 1258. Ordinance No. 98-92 creating the Entrada Security Guard Special Taxing District, filed July 16, 1998, in Official Records Book 18192, at Page 1271, as corrected by instrument filed August 14, 1998, in Official Records Book 18232, at Page 1696. Taxes and assessments for the year 2011 and subsequent years, which are not yet due and payable. Therefore, it is my opinion that the following party(ies) must join in the proffered document in order to make it valid and binding on the lands described herein. Name Interest Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to Agreement dated April 5, 2011 Owner 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 document. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 1st day of August, 2011. /at_ Sig 9cstl Name Johin/F. Halula -7 Florida Bar No. !. A73 Address: Holland & Knight LLP 701 Brickell Ave., Suite 3000 Miami, Florida 33131 STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 1st day of August, 2011, by John F. Halula, who is personally known to me. My Commission Expires: #10471606_v1 Notary Public Print Name •"" LIMA NOTTESTAD � ,*% MY COMMISSION # DD 852042 �d�° EXPIRES: May 15,2013 p��F�;•, BondedThru Notary Public Underwrkers LOT 13 SOUTH BAY HOMES DRIVE LPBwATEDRIVE PER PLAT DOCK%PAGES. (NOT LOCATE01 03535 25FORY BUILDING 4 v d t: PROPOSES BLOCK LOT er 20 .yts, 2' •� C_U NE RTIS _LAY 1 xE 170.0* wcmD ..WIeEVAAGOram- (PLIEUG RIGHT OF WAY) 1.37 ''w"°S"_ P•' LOT 10 PLAT OGL:c�w'K PAGE 20 LOT 9 LEGEND -a IS FOUND NAiLIGIS Pall -..Wa.m.*YaYb PROPOSED 0 BLOCK 1 LOT 1 LOT 16 PLAT BLOCK OS CPAGE 20 LOT 17 MATHESON AVENUE (PUBLIC RIGHT OF WAY) KNOW WBATS BELOW ALWAYS CALL 811 BEFORE YOU DIG Is Il.h e.4htnln. vediwza8sanshIne.com wets - Lendo slo. W.NOT mem.atr.oua s..i. at bW Wr"a 1R pp. yl�Nwp. - H •• e.im Yet �tl000.50011mI °om(.ay>u11¢0. Dm.4.* I.®.a bI 2D. 2011 An... 2/ ID.�..�.IO+•A gnoVrita na.*ma sQ.pmen°ea. It uatio Y~m. Do.-1a:s.lMn A.a *awe A022..pe. I.. r IJm ..a, .e. r - Ant,-1.., .lei.. 0.• 0.0. 00 . EWANTONNAHEIGHTS .25 CO wmar.z.� LOT 18 PUT FLBLLOCI PAGE 20 LEGAL DES<NPNICN: AMSWW,<a �oMi ON Pw. LLD , 010" erdff Late SUn.eTDRS NOTES: - Ir .e (.. "wv: FF D.L 04 W. LOT 15 B •LKOes PAGE 20 V P1°` LOT 19 rca 10a.0.0 1e20.00L...� - ,a*, F.rpd a. IAA ..... b .,.. e. no —....mow .. A u� 0.0. re....a F 5- Iwo 5— Umi-66 ad. 0.1Y on. gol mm.d' ba: vein aE'.or�'� tl .b u: SNIWEYORS CEEIRCATION: 1..1.Zre nor n•.. En w w AI...4 'nw. a FOFRW. LEAVY.SNILES, WC., LIMO M P BISCAYNE BAY eAnroM s DR KLEBBA BAYS REESUBDIVISION T— M ) (— LOCATIION SKETCH DEVELOPMENT INFORMATION: pyE s7. f TN.rd. N S. N. FVL9„.r eliSralimueontwomeawfif I2¢Z. DOm wW .CI M sow In WE is.. SMI OVIF MG a >st. ticom OR GK 27664 PG 367 LAST PAGE EXHIBIT A Lot 14, 15 and'16, Block 1, KLEBBA BAY ESTATES, according to the plat thereof, as recorded in Plat Book 95, at Page 20, of the Public Records of Miami -Dade County, Florida. p:\docs115034100206\dodla12511 doc 3 Book27664/Page3694 CFN#20110265964 Page 3 of 3 11111111111111111111111111111111111111I 111111 Prepared by and return to: Ricardo Bajandas, Esq. Attorney at Law Perlman, Bajandas, Yevoli & Albright, P.L. 1000 Brickell Avenue Suite 600 Miami, FL 33131 305-377-0086 File Number: 209-Q05(c) Will Call No.: Parcel Identification No, 01-4128-031-0150 [Space Above This Line For Recording Data) Warranty Deed CFN 201 1 R021'9'725 OR Bk 27642 P s 3375 - 3376'v' (2pss) RECORDED. 04f06/2011 09:34:41 DEED DOC TAX 80,517.00 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 5th day of April, 2011 between Wilhelmus Marcellus Van Der Vlugt, a single man whose post office address is c/o Ricardo Bajandas, Esquire, 1000 Brickell Avenue, Suite 600, Miami, FL 33130 of the County of Miami -Dade, State of Florida, grantor*, and Stephen Bittel, as Trustee of the Acme Real Estate Trust created pursuant to agreement dated April 5 , 2011 whose post office address is 3500 Curtis Lane, Miami, FL 33133 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, Lying and being in Miami -Dade County, Florida, to -wit: Lot 14, 15 and 16, Block 1, KLEBBA BAY ESTATES, according to the Plat thereof, as recorded in Plat Book 95 at Page 20, of the Public Records of Miami -Dade County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor''-' and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above Signed, sealed and delivered in our presence: itn- s Name: Witness .mne: ( ;, 1. �;�t�`�J?✓ Seal) er Vlugt DoubleTlmea Book27642/Page3375 CFN#20110219725 Page 1 of 2 OFF Bk 27642 PG 3376 LAST PAGE State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 5th day of April, 2011 by Willhelmus Van Der Vlugt, who [J is personally known or [X] has produced a driver's license as identification. [Notary Seal] N „ptt Notary Public State of Florida R Meribel Henley x' < My Commission EE002048 t of Expires 06t1712014 Printed Name: My Commission Expires: Warranty Deed (Statutory Form) - Page 2 DoubleTimea Book27642/Page3376 CFN#20110219725 Page 2 of 2 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben J. Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 1837 SW 23rd Street (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: 33145 HOME PHONE: (305) 857-0337 CELL PI -IONS:• (305) 978-2866 EMAIL: BFernandez@BRZoningLaw.com FAX: (305).857-0337 BUSSINESS or APPLICANT or ENTITY NAME Stephen Bittel, Trustee BUSINESS ADDRESS: 6,0 Edgewater Drive (Address Line 1) Miami, FL 33133 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Right of Way vacation 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a.N/A b. N/A c. N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; or civil penalties that may be imposed under the City Code, upon determination by the disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without effect; and 2. no application from any person or entity for the same 'ssue s considered by the applicable bo (s) ntil expiration of period nullification of the application i r orde PERSON SUBMiTTING DISCLOSURE: / .�- the disclosure requirements of and that in addition to the criminal City Commission that the foregoing further force or 11 be reviewed or one year after the ignature Ben Fernan.'-z Print Name Sworn to and subscribed before me this day of jtt.114 ` , .29f7a61. I The foregoing instrument iiwas acknowledged before me by , ivho has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI �Il il , Ili 1 MY COMM ISSI otary EXPIRES: p,/�, n� / L l 'L/" (/� Enclosure(s) Doc. No.:86543 ,ti 'attd', BI=ITYUFRENA ? .i '\ MYCOMISSION*DDG6?413 is ' EXPIRES: NIA b, 2014 :.'? Pri Page 2 -ar,,' EXHIBIT "A" LEGAL DESCRIPTION: PORTION OF CURTIS LANE TO BE VACATED A portion of Curtis Lane, lying between Lots 14, 15 and 16, in Block 1, of KLEBBA BAY ESTATES, according to the plat thereof, as recorded in Plat Book 95, at Page 20, of the Public Records of Miami —Dade County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Lot 16, thence on a bearing of North along the West line of said Lot 16 for 79.68 feet to the most Westerly Northwest corner of said Lot 16, also being the Point of Beginning; thence continue on a bearing of North along the Northerly extension of said West line for 48.87 feet to a point of curvature concave to the Southwest; thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 91'18'30" for an arc distance of 39.84 feet to a point of cusp tangent to the South line of said Lot 14; the following six (6) courses being along the boundary line of said Block 1, also being the right of way line of said Curtis Lane; (1) thence N 88'41'30" E for 114.16 feet to a point of curvature concave to the Northwest; (2) thence Northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 48'11'23" and an arc distance of 21.03 feet to a point of reverse curvature concave to the South, West and North; (3) thence Northeasterly, Southerly and Northwesterly along a 50.00 foot radius curve leading to the right through a central angle of 276'22'46" for an arc distance of 241.19 feet to a point of reverse curvature concave to the Southwest; (4) thence Northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 48'11'23" for an arc distance of 21.03 feet to a point of tangency; (5) thence S 88'41'30" W for 65.29 feet to a point of curvature concave to the Southeast; (6) thence Southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 88'41'30" for an arc distance of 38.70 feet to a point of tangency and to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 28, Township 54 South, Range 41 East, City of Miami, Miami —Dade County, Florida. — All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. — Lands shown hereon were N,,1 abstracted for restrictions, easements and/or rights —of —way of records. — Bearings hereon are referred to an assumed value of North for the West line of said Lot 16, said bearing is identical with the Plat. — Lands shown hereon containing 13,025 square feet (0.30 acres) more or less. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 2011-061-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch and Legal Description" was made under my responsible charge on July 15, 2011, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FOfflN, LE ' Y, S*I S, JAJ:C., LB3653 Daniel C. Fortin Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By DANJR Cad No. 110704 Ref Dwg. 2011-061-1 REV. 1: CITY COMMENTS Plotted: 7/18/11 10:17a LEGAL DESCRIPTION, NOTES & CERTIFICATION FORTIN, LEAVY, S KILES, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 7/15/11 Scale NOT TO SCALE Job. No. 1 10704 Dwg. Na 101 1-057 Sheet 1 of 3 Drawn By DANJR Cad No. 110704 Ref Dwg. 2011-061-1 LOCATION SKETCH FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS Date 7/14/11 Scale NOT TO SCALE Job. No. 110704 REV. 1: CITY COMMENTS Plotted: 7/ 18/ 1 1 10:17 , FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Dwg. No. 101 1-057 Sheet 2 of 3 1 w ro 10' UTILITY EASEMENT PER PLAT BOOK 95, PAGE 20 EXHIBIT "A" LEGEND P.T. P.C. P.R.C. POINT OF TANGENCY POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF CUSP AND PN 88°41'30" E 52.57 A=91' 18'30" R=25.00' L=39.84' (PUBLIC RIGHT OF WAY) LOT 14 BLOCK 1 PLAT BOOK 95, PAGE 20 12' UTILITY EASEMENT PER ( PLAT BOOK 95, PAGE 20 P.R.C. N88'41'30"E 114.16'JJ1 IPc //4//7/7///7////////h// BOUNDARY LINE OF BLOCK 1 & RIGHT OF WAY LINE OF CURTIS LANE P.0 CURTIS LANE as' 0 0 J 0 Qs t Q¢ w9 Ulm ca I ct z 25' P.T. 25' v RIGHT OF WAY RIGHT OF WAY ,PLAT BOOK 95 PLAT 800K 951 PACE 20 PACE 20 N 88°41'30" E 170.06' CURTIS LANE - BOUNDARY LINE OF BLOCK 1 & RIGHT OF WAY LINE OF CURTIS LANE P.C. S 88'41'30' A=88°41 '30" R=25.00' L=38.70' N 777E �1,p(�i. 65.29' L_ 10" UTIUTY EASEMENT PERK PLAT BOOK 95, PAGE 20 POINT OF BEGINNING MOST WESTERTLY NORTHWEST CORNER OF LOT 16, BLOCK 1 WEST LINE OF LOT 16, BLOCK 1 LOT 16 BLOCK 1 PLAT BOOK 95, PAGE EWANTON HEIGHTS PLAT BOOK B, PAGE 52 GRAPHIC SCALE 0 20 40 80 ( IN FEET ) 1 inch = 40 ft. RIGHT-OF-WAY VACATION AND CLOSURE A=48`'11'23"RA=276`22'46" L=21.03' =25R=50.00' L=241.19' P.R.C. POINT OF COMMENCEMENT SOUTWEST CORNER OF LOT 16, BLOCK 1 S 88°42'00" W LOT 17 BLOCK 1 PLAT BOOK 95, PAGE 20 A=48' 11 '23" R=25.00' L=21.03' � I 1 I I I I 20 I I 12' UTILITY EASEMENT PER PLAT BOOK 95, 1 1 PAGE 20 1 1 LOT 18 BLOCK 1 PLAT BOOK 95, PAGE 20 Drawn By DANJR Cad. No. 110704 Ref Dwg. 2011-061-1 REV. 1: CITY COMMENTS Plotted: 7/18/11 10:17a SKETCH OF DESCRIPTION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 7/15/11 Scale 1" = 40' Job. No. 110704 Dwg. No. 101 1-057 Sheet 3 of 3 SOUTH oohwoman HOMES DRIVE Trews e.r.e�lmorr maw w..mq LOT 13 Lome:: LOT 10 3LOCk 1� MT K r s LOT 9 LE NO • =-.r.r..m. LOT 17 MATHE_ SON AVENUE (PUBUiC RiOHT OE" WAY7 G.AP®C SCALE L 41 flyAHT i£+dlf8 LOT 18 MT grim 6 PACER OR rOPIMoPr LOT 19 LEND. 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