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Home My WebLink AboutApplication & Supporting DocumentsHolland & Knight 701 Brickell Avenue, Suite 3000 Miami, FL 33131 T 305.374.8500 F Holland & Knight LLP j www.liklaw,com Mr. Anel Rodriguez Administrative Assistant Office of Hearing Boards City of Miami 444 SW 2' Avenue, 3rd Floor Miami, Florida 33130 05.789.7799 April 30, 2013 Ines Marrero-Priegues 305.789.7776 ines,marrera@hklaw.com Re: West Flagler Associates, LTD./ Application to Vacate and Close a portion of N.W. 4th Terrace between N.W. 37t' Avenue and N.W. 36 Court Dear Mr. Rodriguez, The undersigned is the legal representative of West Flagler Associates, LTD, the Owner of the properties abutting a portion of N.W. 4th Terrace between N.W. 37th Avenue and N.W. 36 Court ("Applicant"). These two lots have been owned by the Applicant since the early 1950's. and, since that time, they have been vacant and/or used for parking to serve the Flagler Dog Track, the flea market at Flagler Dog Track during the 1990's, and now, Magic City Casino. Magic City Casino is owned and operated by the Applicant. The request to close and vacate this portion of N.W. 4`h Terrace arises from the re - platting of the .±2.5 acre property (including right of way proposed to be vacated) located on the east side of N.W. 37th Avenue. The principal reason for the replatting of the Property is to create a commercial tract of sufficient size to accommodate commercial development, potentially a full service restaurant, to service the growing number of visitors and residents of the area. This portion of N.W. 37 Avenue, which is a major section line road, is one of the gateways to Miami International. Airport. Development of this parcel with commercial/restaurant uses is appropriate and desirable to serve this area. Developments that include sufficient offstreet parking and satisfy the design criteria of Miami 21, require a larger parcel of developable land. The process of re -platting land requires approvals by the City and Miami Dade County that take up to eighteen months to complete. In addition, the portions of the properties with frontage along N.W. 37`h Avenue are currently zoned T6-8 0, which the east portions of the Atlanta 1 Bethesda 1 Boston 1 Chicago 1 Fort Lauderdale I Jacksonville 1 Lakeland 1 Los Angeles Miami 1 New York Northern Virginia 1 Orlando 1 Portland 1 San Francisco 1 Tallahassee 1 Tampa 1 Washington. D.C. 1 West Palm Beach Mr. Anel Rodriguez April 30, 2013 Page 2 property are zoned T3-O. Redevelopment of the properties will require a zoning and land use change for the properties along N.W. 361h Court to a transect that permits commercial development, The land use and zoning amendment process can also take six months, or longer. At its meeting of the Miami Plat and Street Committee of October 4, 2012, the committee voted against recommending approval of the proposed street closure in large part because a proposed development plan for the new parcel was not included as part of the re -platting. As stated above, the complexities and length of time involved in all the approvals necessary to have a developable parcel. make it difficult to identify the specific proposed development plan. The re -platting of the lands is only the first step. Finally, the Applicant will submit information and reports that confirm that the portion of N, W. 4`h Terrace is only minimally used for vehicular traffic or service, including fire, police and solid waste collection and that commercial development of this parcel will provide a public benefit that justifies the closing and vacating of a small portion ofa tertiary street. In light of the foregoing, we hope to receive your favorable review and recommendation Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7776 or email me at ines.marrero cx hklaw.com, Respectfully submitted by, HOLLAND & KNIGHT LLP Ines Marrer`d2Pri‘gues VACATION AND CLOSURE aPPucaTON'35G PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION , 444 SW 2"w Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 305-416-2031 www,miamigov.comfhearinq boards c' .n. Welcome to the City of Miami! This application is intended to serve as a guide in assistiryoa-1 with our public hearing process. Please feel free to contact us, should you have any questis. A The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00pm, 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. Alf 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'/�x11") 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 1N 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 rnust 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. Etc . 07.2012 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. Applicant(s): West Flagler Associates, Ltd. Description of area: That portion of NW 41h Terrace lying between NW 36 Court and NW 37 Avenue Copies of the Tentative Plat: One (1) 24x36' and one (1) 81/2x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x35"; b) Two (2) 11x17"; and c) One (1) 8/2x11" 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? 10,049 SF sq. ft. 17. What is the purpose of this application/nature of proposed use? Replotting commercial parcels fronting NW 37 Avenue to permit commercial development to service neighborhood. Rev. 07-2012 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 3r° Floor for information. NO 20. What would be the anticipated duration of the presentation in front of the: Planning, Zoning and Appeals Board 30 mins. and City Commission 30 mins. 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000.00, shall b paid in the form of a certified check, cashier's check, or money order. Signature Inesarrergl-Pridgues, authorized Legal representative Name Telephone 305-789-7776 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address Holland & Knight, LLP 701 Brickell Avenue Suite 3000 Miami, FL 33131 E-mail ines.marrerohklaw.corn The foregoing was acknowledged before this Spy day of 20 13 , by _1 fS ,er,a - m S who is a(n) individual legal representative of the Applicant. _She is personally known to me or who has produced as identification and ho did (did not) take an oath. (Stamp) Signatur •._ SPAY FLEITES MY COMMISSION EE 875841 EXPIRES: April 16, 2017 Banded ihru Notary Public Uii rwrilers Rev. 07-2012 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ines Marrero-Priegues, Esq., who being by me first deposes and says: That she is 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 she represents, if any, have given her full and complete permission for 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, 0 including or 0 not including responses to day to day staff inquires. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ines Marrero-Priegues, Authorized Legal representative for West Flagler Associates, LTD. Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I Applict(s) Sigr} tune The foregoing yvas acknowledged before me this 30 day of 20/3 , by Ines Marrero- Priegues, Esq. who is an a(n) individual legal representative of West Flagler Associates, LTD, She is personally known to me o4 who has produced as identification and who did (did not) take an oath. (Stamp) Signature iw .•'.y.. a SILIBY FLEITES tiff: r,,c7MMVSS60l+I # EE 87541 EXPIRES: April 16, 2017 lion fc[4 Thfu Notary Public U deiwrilers Rev. 07-2012 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) West Flagler Associates, Ltd. Percentage of Ownership 100% Subject Property Address(es) 460 NW 36 Ct., 427 NW 37th Ave.. 400 & 408 NW 36th Ct., Miami Florida 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): See attached Exhibit 1 Inds Marrero-Priegues, Esq. Authorized legal representative Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Ownep(s) or Att1r ne i y gnatur The foregoing was acknowledged before, �ne this -3D41 day of 20 / 3 , by .fin CS it-(Qr - 1"ri ee4 cc.,es, s . who is a(n) individual/partnerlagenticorporatidn of a(n) individuallpartnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take a oath. ri.— (Starnp) Signature SIUBY FiEGTES Mr COMMISSION IS EE 875841 EXPIRES; Rprir 16, 2017 Banded Thai Notary Pa •lic Undemniers Rev. I07-2012 Disclosure of Interest West Flagler Associates, Ltd. West Flagler Associates, LTD. a Florida limited partnership General Partners Percentage of Interest Southwest Florida Enterprises, Inc. 3 % Hecht Investments. LTD. 1 % BHH, Inc. 2 %n Limited partners Southwest Florida Enterprises, Inc. 51.7 % Hecht Investments, LTD 15.741 % The Florence Hecht Corp 1.750 % Barbara Havenick Testamentary Trust 2.250 % Barbara H Havenick 2.712 % P.O. Box 350940 Miami, FI 33135-0940 Irrevocable Trust dated January 29, 2004 5.688 % Amdur Investments, LTD 4.0 % IHA. Inc. 2.0 % Isabelle H. Amdur 4.759 % P.O. Box 350940 Miami, Fi 33135-0940 Isabelle Amdur Testamentary Trust 1.250 % The Isabelle Corporation. 2.150 % Total 100% Disclosure of Interest West Flagler Associates, Ltd. Page 2 Southwest Florida Enterprises, Inc Barbara H. Havenick Isabelle H. Amdur 150 minority shareholders Hecht Investments, LTD, Barbara H. Havenick BHH, Inc. Barbara H. Havenick The Florence Hecht Corp. Barbara H. Havenick Barbara Havenick Testamentary Trust Barbara H. Havenick Irrevocable Trust dated January 29, 2004 80 % 18 % 2 % 100 % 100 % 100 100 % Barbara H. Havenick 100 % Amdur Investments, LTD Isabelle H. Amdur IHA, Inc. Isabelle H. Amdur Isabelle Amdur Testamentary Trust 100 % 100 % Isabelle H. Amdur 100 % The Isabelle Corporation Isabelle H. Amdur I00 % 2 Exhibit 1 " To Disclosure of Ownership of West Flagler Associates, LTD. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by West Flagler Associates, LTD. Please supply additional lists, if necessary. 460 NW 36 Ct Legal Description: Twelfth Street Manors PB 5-59 All Of Bik 3 Lot Size Irregular Folio No. 0141040230140 427 NW 37 Ave Legal Description: Twelfth St Manors PB 5-59 Lot 1 Less Portion Lyg In RIW & Lots 2 To 7 Inc & Lot 8 Less Portion Lyg In R/W & Lots 9 To 12 Inc Blk 4 Folio No. 0141040230150 400 NW 36 Ct Legal Description: Twelfth St Manors PB 5-59 Lot 13 & S20ft Of Lot 14 Blk 4 Folio No. 0141040230160 408 NW 36 Ct Legal Description: Twelfth St Manors PB 5-59 Lot 15 & N5ft Of Lot 14 Blk 4 Folio No. 0141040230161 No Assigned Address - See Folio Legal Description: Twelfth St Manors PB 5-59 Lots 16 To 20 Inc Blk 4 Folio No. 0141040230170 No Assigned Address - See Folio Legal Description: Twelfth St Manors PB 5-59 Lot 1 Less Portion In R/W & Lot 2 B1k5 Folio No. 0141040230180 No Assigned Address - See Folio Legal Description: Twelfth St Manors PB 5-59 Lot 3 Blk 5 Folio No. 0141040230190 Miami, FL 33135-0940 425 NW 37 Ave Legal Description: Twelfth St Manors PB 5-59 Lots 4 To 8 Inc Blk 5 Folio No. 0141040230200 423O19384 v 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, it is hereby certified that I have examined Fidelity National Title Insurance Company's Policy No. 1414-3137, with an effective date of February 9, 2009, and title search updates covering the period from February 9, 2009 through April 13, 2013, inclusive, for the following described property: Lots 8, 9, 12, and 13, Block 3; and Lots 1, 10, 11, 20, Block 4, TWELFTH STREET MANORS, according to Plat thereof, as recorded in Plat Book 5, at Page 59, of the Public Records of Miami -Dade County, Florida, less and excepting therefrom any of the following described parcels: The North 5.00 feet of the West 24.89 feet of Lot 1, Block 3, TWELFTH STREET MANORS, according to the Plat thereof, as recorded in Plat Book 5, Page 59, Public Records of Miami -Dade County, Florida, together with all that part of said Lot 1 Included in the external area formed by a 25.00 foot radius arc concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the North line of said Lot 1, as shown in the State Road Department, Right of Way Map, Section 87502-2604, Sheet 3 of 3, recorded in Plat Book 77, Page 67, Public Records of Miami -Dade County, Florida, AND The South 5.00 feet of the West 25.12 feet of Lot 8, Block 3, TWELFTH STREET MANORS, according to the Plat thereof, as recorded in Plat Book 5, Page 59, Public Records of Miami -Dade County, Florida, together with all that part of Lots 7 and 8, Block 3, included in the external area formed by a 25.00 foot radius arc concave to the Northeast, tangent to the West line of said Block 3 and tangent to a line that is 5.00 feet North of and parallel to the South line of said Lot 8, as shown in the State Road Department, Right of Way Map, Section 87502-2604, Sheet 3 of 3 recorded in Plat Book 77, Page 67, Public Records of Miami -Dade County, Florida, AND The North 5,00 feet of the West 24.88 feet of Lot 1, Block 4, TWELFTH STREET MANORS, according to the Plat thereof, as recorded in Rat Book 5, Page 59, Public Records of Miami -Dade County, Florida, together with all that part of said Lot 1 included in the external area formed by a 25.00 foot radius arc concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the North line of said Lot 1 as recorded in Official Records Book 7091, Page 547, Public Records of Miami -Dade County, Florida, AND Opinion of Title Page 2 April 30, 2013 The South 5.00 feet of the West 25.12 feet of Lot 8, Block 4, together with all that part of Lots 7 and 8, Block 4, included in the external area formed by a 25.00 foot radius arc concave to the Northeast, tangent to the West line of said Block 4 and tangent to a line that is 5.00 feet North of and parallel to the South line of said Lot 8, as recorded in Official Records Book 7091, Page 547, Public Records of Miami -Dade County, Florida. AND The North 5.00 feet of the West 24.88 feet of Lot 1, Block 5, TWELFTH STREET MANORS, according to the Plat thereof, as recorded in Plat Book 5, Page 59, Public Records of Miami -Dade County, Florida; together with all that part of said Lot 1 included in the external area formed by a 25.00 foot radius arc concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the North line of said Lot 1, as recorded in Official Records Book 7091, Page 547, 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. West Hagler Associates, Ltd., a Florida limited partnership I am further of the opinion that West Flagler Associates, Ltd., a Florida limited partnership, is the owner of the only properties surrounding the subject roadways on all sides, and therefor it 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): RECORDED MORTGAGE; Mortgage and Security Agreement by and between West Flagler Associates, Ltd., a Florida limited partnership, Mortgagor, and Southeast Bank, N.A., a national banking association, Mortgagee, dated November 1, 1984 in the original principal amount of $10,000,000.00, recorded November 21, 1984 in Official Records Book 12333, Page 1795; Assignment of Mortgage to First Union National Bank of Florida, a national banking association, recorded February 23, 1989 in Official Records Book 14008, Page 164; Mortgage Modification and Future Advance Agreement recorded February 23, 1989 in Official Records Book 14008, Page 167; Amended and Restated Mortgage and Security Agreement by and between West Flagler Associates, Ltd., a Florida limited partnership, Mortgagor, and First Union National Bank of Florida, a national banking association, Mortgagee, dated February 23, 1989 recorded February 23, 1989 in Official Records Book 14008, Page 169; Non Merger Agreement recorded November 13, 1989 in Official Records Book 14323, Page 4099; Third Mortgage Modification Agreement recorded January 9, 1997 in Official Records Book 17488, Page 3261; Assignment of Note, Mortgage and Loan Documents to PNL Blackacre, L,P., a Delaware limited partnership recorded July 28, 1998 in Official Records Book 18207, Page 1355; Opinion of Title Page 3 April 30, 2013 Assignment of Mortgage to Totalbank, a Florida banking corporation recorded November 4, 1999 in Official Records Book 18850, Page 2472; Note and Mortgage Modification Agreement and Receipt for Future Advance recorded November 4, 1999 in Official Records Book 18850, Page 2490, as further modified by a Mortgage Modification, Future Advance and Spreader Agreement recorded February 9, 2009, in Official Records Book 26745, at Page 3807, as further modified by a Second Mortgage Modification and Future Advance Agreement, recorded in Official Records Book 27130, at Page 1814, all of the Public Records of Miami -Dade County, Florida. TITLE EXCEPTIONS: Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of TWELFTH STREET MANORS, according to Plat thereof, as recorded in Plat Book 5, at Page 59, of the Public Records of Miami -Dade County, Florida. Notice of Commencement recorded in Official Records Book 28060, at Page 3349, in the Public Records of Miami -Dade County, Florida, Taxes and assessments for the year 2013 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 West Flagler Associates, Ltd., a Florida limited partnership 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. ❑pinion of Title Page 4 April 30, 2013 Respectfully submitted this 30th day of April, 2013. Signe N me Josia ewey Florida Bar No. 0143870 Address: Holland & Knight LLP 701 Briokell Ave., Suite 3000 Miami, Florida 33131 STATE OF FLORIDA ] j SS COUNTY OF MIAMI-DADE j The foregoing instrument was acknowledged before me this 30t'' day of April, 2013, by Josias N. Dewey, who is personally known to me. My Commission Expires: i #±23024056_vI JOHN wALuu MY COMMISSION # DO 868272 EXPIRES: June 20, 2013 Bonded Thru Hotery Public tlndemriress Noleafy Public Print Name Exhibit "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION "EXHIBIT "A" RIGHT OF WAY TO BE CLOSED AND VACATED • WESTERLY; T LINf'OF BLOCK 3' J RIGHT OF WA)A, TO BE CLOSED AND VACATED AREA 10,049 SOFT U7ma 1 ct , , , R=25.00' 0-90'15 24- N89'41'Or W B N 89'56 3O A W N.W. 36th COURT SOUTHEAST CORNER S. DD 1 Q4 74! OF BLOCK 3 1D f S.4f]'19 U4 W a 5 NORTHEAST ---- 20' — — 20' -- CORNER; L CL r. Lri N 89'56 3Q " W — 20.I—. 20' J N..00'1855 E N.W. 37th N. 00'18 55 i OF BLOCK 4 S 00'03301i f! 500 N 00"03 JO' E RADIAL moo' AVENUE - R=25.00'-Lr39.16' 0=89'44 3r EASTERLY) UNE OF BLOCK 4 LEGEND: P.O.B. DENOTES POINT OF BEGINNING P.B. DENOTES PLOT BOOK pC. DENOTES PACE R DENOTES RADIUS 0 DENOTES CENTRAL ANGLE L DENOTES ARC LENGTH SCALE 1"=40' SHEET 1 OF 2 SHEETS z E2 v- 4 (x ssoa a1ed., fna. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—M1RAMAR, FL 33025 PHONE No (954)435-7010 FAX No, (954)438-328 ORDER NO 201300 DATE: 04/25/2013 THIS IS NOT A i BOUNDARY SURVEY` CERTIFICATE OF AUTHORIZATION No. L8-87 PREPARED UND R IS10N: MARK STEV N JO N ON SEC'Y & TREAS. FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS •.oi SAi L}FIAGUR OC4 TRACK • 9tP 3 i 56 VRYLY WY Gf 1.4 HMWGMAGI( QN CAS NO 3 AtTCJ4 FX7ti91T A. LEGAL DESCRIPTION TO ACCOMPANY SKETCH "EXHIBIT '4" RIGHT OF WAY TO BE CLOSED AND VACATED ALL THAT PORTION OF N. W 4fh TERRACE RIGHT-OF-WAY, LYING BETWEEN BLOCK .3 AND BLOCK 4. SAID PORTION AS SHOWN ON THE STATE ROAD DEPARTMENT RIGHT OF WAY MAP, SECTION 87502-2604, SHEET 3 OF 3, AS RECORDED IN PLAT BOOK 77 AT PAGE 67, FORMERLY KNOWN AS PANDANNUS AVENUE, AS SHOWN ON THE PLAT OF TWELFTH -STREET -MANORS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLOT BOOK 5 AT PAGE 59, BOTH OF THE PUBLIC RECORDS OF ML4MI-DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTHEAST CORNER OF SAID BLOCK 3; THENCE RUN SOUTH 00 DEGREES 19 MINUTES 04 SECONDS WEST ALONG THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID BLOCK 3, FOR A DISTANCE OF 40.0 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 4; THENCE NORTH 89 DEGREES 56 MINUTES 30 SECONDS WEST ALONG THE NORTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 213.41 FEET, THENCE SOUTH 00 DEGREES 03 MINUTES .30 SECONDS WEST FOR A DISTANCE OF 5.00 FEET TO A POINT ON A CIRCULAR CURVE, SAID POINT BEARS NORTH 00 DEGREES 03 MINUTES 30 SECONDS EAST FROM THE RADIUS POINT OF rHE NEXT DESCRIBED CIRCULAR CURVE TO TEE LEFT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 44 MINUTES 36 SECONDS FOR AN ARC DISTANCE OF 39.16 FEET TO A POINT OF CUSP; THENCE NORTH 00 DEGREES 18 MINUTES 55 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF EASTERLY LINE OF SAID BLOCK 4, FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; SAID POINT BEARS NORTH 89 DEGREES 41 MINUTES 05 SECONDS WEST FROM THE RADIUS POINT OF SAID CIRCULAR CURVE;; THENCE ALONG SAID CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 15 MINUTES 24 SECONDS FOR AN ARC DISTANCE OF 39.38 FEET, THENCE SOUTH 00 DEGREES 03 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 5.00 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 30 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID BLOCK 3 FOR A DISTANCE OF 213.14 FEET TO THE POINT OF BECINNING. ALL LYING AND BEING IN SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY. FLORIDA. NOTES: 1) BEARING'S SHOWN HEREON REFER TO AN ASSUMED BEARING OF N.00-1855E ALONG THE MONUMENT LINE OF NW. 37 AVENUE 2) ORDERED Sr HOLLAND & KNIGHT 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR_ 72 i 16_T_1 .77 7 4; 6 $, :2 N.W. .3' Q i9i 7 ?5, i3 16i la • SUBJECT r17a: 1TiE4 7 71PWTh STREtr 3 (P, B.:51 RG. $9 4 N.W. 37th AVENUE TRACT A " AMENDED PLAT OF AIRLINE CENTER LOCATION MAP A PORTION OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST SCALE = N.T.S. SHEET 2 OF 2 SHEETS C)atGITEJIfe - -rC LI,2: C7 ��pC'GQt�S L. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-328 ORDER NO, 201.300 DATE: 04/25/2013 THIS IS NOT A ' BOUNDARY SURVEY' CERTIFICATE OF AUTHORIZATION No. LB-87 PREPARED UNO SION: MARK STEVEN JO N ON SEC'Y & TREAS. FLORIDA PROFESSIONAL LAND SURVEYOR Nu. 4775 REVISIONS i w4S441VU+GLtR COG TRACK BLK 3 4 5\SL'RVtY CITY OP MLAMnpWO MACJC CRY CASINO SKETC 1'FXHt IT Adwg 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 till out this form, NAME: Ines Marrero-Priegues (First Name) (Middle) (Last Name) HOME ADDRESS: Holland & Knight, LL P (Address Lfne 1) 701 Brickell Avenue, Suite 3000 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 IIOMEPI-IONE: (305) 789-7776 CELL PHONE: FAX (305) 679-6325 EMAIL: ines . marrero®hklaw . com BUSSINESS or APPLICANT or ENTITY NAME West Flagler Associates BUSINESS ADDRESS: P.O. Box 350940 (Address Line 1) Miami, FL 33135-0940 (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. Road Closure app1cation/right of way vacation of a portion of NW 4th Terrace, west of NW 36th Court and east of NW 37th Avenue 2. Ras any consideration been provided or committed, directly or an your behalf, to any entity or person For an agreement to support or withhold objection to the requested approval, relief or action? YES Q 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..8G543 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. b. c. * Additional names can be placed on a separate page attached to this fonn. 4. Please describe the nature of the consideration. 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 the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a perio of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: ".. g ore ero-Priegues Inesis, Print Name Sworii to and subscribed be/ore me this Clay of 4414411. 2O . The foregoing instrui7 eat was acknowledged belbre me by fi4/S Harr(` fir �1' F.rt who has produced as identification a?IdlC)r is personally known to mg and who did/did not take cia oath. 8iuBY REIN STATE OF FLORIDA � .k ' my col�Mi -.L , ls75s4t — - -- CITY OF MIAMI 'tI /� % -- : ed,nnu"IN9 t uUnderwritersMY COMMISSION Notary EXPIRES: Afti' l g* 7®IT , �1fliy FLElreS Print Name Enclosure's) Page 2 Doc. No_:86543 i0.1'AI104 144F • 440104 4 RIMY 4, wr0a4 34 $505 MOF i 11m PAY 4010 L10045 04041. SEW I :Jm• TREE TABLE 5 M1 1 4 4' 40,014. ir WKFh+ 1045w a...o...^rn�" a4e. dory . S1M01.4.11.1.11.- 341..1.40. -4 R .700-4413 54 Tr+'gyp• NOTES IJ Avow .caw amid MIN V m 64140 Wee EAr 4E 4206pw 41'6 1r me smk n I49ee RYederade 3MW er400 ,A5 M9I26f0 6/ RPn. a 40OA1rR 45 JWv. KOWM 5e1A01A elan AA (Ir1OJ *WSJ Yale le44010 AVM 4105 a.. le6 xd Ir OAB 9 Mee Rc1+,4] detde i/mnero5 N rnb Seen dee ,41 0WS 700 rr[ Pentad 5 far Pe 01 fk6P[S We rWAM 1'r R40® dtedt rei X0 Mii MVO Avv. 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LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 ORDER NO 201300 DATE: 04/25/2013 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 FAX No. (954)438-328 PREPARED UND J ISION; MARK STEVEN JOFiNSON SEC'Y & TREAS. FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS ,A 454411FLAGLER DOG TRACK,BLK 3 A S$SURVEY CITY OF MIAMrDWGIMAGIC CITY CASINO SKETCH-EXHET A,dwg LEGAL DESCRIPTION TO ACCOMPANY SKETCH "EXHIBIT ' 4 RIGHT OF WAY TO BE CLOSED AND VACATED ALL THAT PORTION OF N.W. 4th TERRACE RIGHT-OF-WAY, LYING BETWEEN BLOCK 3 AND BLOCK 4. SAID PORTION AS SHOWN ON THE STATE ROAD DEPARTMENT RIGHT OF WAY MAP, SECTION 87502-2604, SHEET 3 OF 3, AS RECORDED 1N PLAT BOOK 77 AT PAGE 67, FORMERLY KNOWN AS PANDANNUS AVENUE, AS SHOWN ON THE PLAT OF TWELFTH -STREET -MANORS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 59, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTHEAST CORNER OF SAID BLOCK 3;; THENCE RUN SOUTH 00 DEGREES 19 MINUTES 04 SECONDS WEST, ALONG THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID BLOCK 3, FOR A DISTANCE OF 40.0 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 4; THENCE NORTH 89 DEGREES 56 MINUTES 30 SECONDS WEST, ALONG THE NORTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 213.41 FEET, THENCE SOUTH 00 DEGREES 03 MINUTES 30 SECONDS WEST FOR A DISTANCE OF 5.00 FEET TO A POINT ON A CIRCULAR CURVE; SAID POINT BEARS NORTH 00 DEGREES 03 MINUTES 30 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 44 MINUTES 35 SECONDS FOR AN ARC DISTANCE OF 39.16 FEET TO A POINT OF CUSP; THENCE NORTH 00 DEGREES 18 MINUTES 55 SECONDS EAST, ALONG THE NORTHERLY EXTENSION OF EASTERLY LINE OF SAID BLOCK 4, FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; SAID POINT BEARS NORTH 89 DEGREES 41 MINUTES 05 SECONDS WEST FROM THE RADIUS POINT OF SAID CIRCULAR CURVE; THENCE ALONG SAID CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 15 MINUTES 24 SECONDS FOR AN ARC DISTANCE OF 39.38 FEET THENCE SOUTH 00 DEGREES 03 MINUTES 30 SECONDS WEST FOR A DISTANCE OF 5.00 FEET THENCE NORTH 69 DEGREES 56 MINUTES 30 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID BLOCK 3, FOR ,4 DISTANCE OF 213.14 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N.00' 18 55'E ALONG THE MONUMENT LINE OF N. W 37 AVENUE 2) ORDERED BY.- HOLL'IND & KNIGHT 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. SUBJECT AREA t-1 K -1 "I'5 r - �_rTiJ_l- _Ir._ 4 65 a 11 - �. N.W. 36th 4, COURT • ry N.W. 37th AVENUE TRACT 'a" AMENDED Pnr ,)F AIRLINE CCNTEP LOCATION MAP A PORTION OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST SCALE = N.T.S. SHEET 2 OF 2 SHEETS � �r �- �zza. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No, (954)438-328 ORDER NO, 201300 PREPARED UNOER bTfF�EfV'ISION: DATE: 04/25/2013 t i THIS 15 NOT A " BOUNDARY SURVEY" MARK STEVEN J0I#NS0N SEC'Y & TREAS. CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS 104544.0FLAGLER OOG TRACK-9LK 3 4 S\SIJRVEY CITY OF MIAMIrrwGoMAGIC CITY CAS INC 5KE1CH E%HUNT A.dwg