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HomeMy WebLinkAboutBack-Up1 �AT € T 13 J1 A LI rSLT1 7 E 1 M:ME: II ]P poicCIEs ofMo �= LITTLE RIVER ]STORY MOTEL ERRS LOT I 00.0.10 - loweropow I4W 77TH swan - WNW 1 dVW NOIlVDO1 Survey Pros, Irmo. www..urv�Y-Pra..uom JVhve•1Lfwua.r T,UfITY ♦N U1* ▪ P.m. rP,rn .� 10▪ .111. :.d.::^ . tire.•-t,:. - .. 1•011 •00.c 0001 . 1.0'wf OB KrK."1 K.p Yt ...... l•▪ PYOK.• a apsne a °O P...• R fR.YI PnC.e.. • ..t o WNW. m+i wtl a .0 w K i. 0n q 100 MY MO.. RP Pena PP MIS ci+ei w •.rr rc*.a w°Q uP .wwuac n`oc i. u0:0n 1„rntwr•ar...w. t•04111roP° O � 1, m ,w01 as s>�: .11 som. me weir at nor • •ter. 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CLASS CAI TYI A EI c orc.t C EXTERIOR FEATURES - BUILDING A B C AATIVE ROC( 8 FOUNDATION 0 . 8 EXTERIOR WALLS ANO FINISH 8 8 2 8 8 6 CEVEMT reseal • D 2 2 ROOF TYPE ROOF MATERIAL d R OLLED SLATE 3 3 •EXTERIOR FEATURES INTERIOR FEATURES BUILDING EXTERIOR TRIM MIINOOW 000R8 PORCHES BASEMENT FLOOR TYPE FLOOR MATERIAL WALL&. i 8 d z 3 6 5 3 8 3 z 5 H .n FS 8 7 C a 8 A B C INTERIOR FEATURES B U{LDING FINISH TRIM ATTIC 2 9 NLRD W000 /J/ A r/ /'a- ,( /�• G A PLUMBING 3 8 O 8 8 PLUMBING FIXTURES HEATING LIGNTING ROOMS 8 2 S do O Go uY 55 Fi 8 LIVING ROOM . DIMING ROOM (L'FFPR6, KITCIIEN ncORO01.0 RATH rI L_ 4,5 1,7 BUILDING COMPUTATIONS 60 2 AMOUNT AUTO L orsli Y L a U .•r C TOTAL/3 EQUIPMENT 2. A SITES S0. FT. HT. CUOJC FT. RATE COST 74 CON FVO. ELEVATORS 3...9.64,33c1?.S 2. A 13z.5 fl 3q4 SPRINKLER SES TCM 3313 SOLAR HEATER 8Sw Zs- 213.s LAUNDRY TR ARS o ' 2.8 Av, II ASL^•SLNT 33,-0 MR CONDITIONING Cl) / p87 97 /G 7/ i3f STORM SHUTTERS INSULATED PALLS Z J ODE D COST COADIT10N T-s.,IaD:a 2 710 INSUL Al ED ROOF TE,2 .- 1.6.5 Av. ab4 GUI ER AND DOWNSPOUT No. or ELECTRICOV OK A 57 4. 2S.L zS AEI _ Il x Jr I OPt.' f' o (TK:!•H --'•D- II 630 471.7 7.50 4' 1 4 4-1 ("L) • 9Z4: SIAo ;.J 24S'6 r.9s/ 2D0 yk�/[ 1 Sroo 97 /00 aa. GOf" 3. no -77-- 2 ) 72 /2./4 27 9/ NO. Or ELECTRIC Fix TURES 1TPE OF ♦IRING /-..O O •ROUGH(WWI /Li? / nIALT.IH CARR/EIS II C LAND aA7URES • LAND COMPUTATIONS LAND vim o1N.: fora CumtuL• A TOAI•L[ RCASON I URCIIY I I IRRCrA1l AR 1RIAII.4LL 1 MI:NGCN AMOUNT YEAR VAIUL VLL IIr TOTAL VMAIE GAS rJ RPR.AR r0001 LIMNER . Mr in D, r. A.I.T. C. I, I.l. 1. UNIT- 1952 ELECTRIC • 1953 1954 LCLL'CLffi7E . 1955 P.vcni!Rr ET 1956 mnunvrD sr. 1957 VNWPROV ED ST. 1956 PAT EE ALu^Y - 1959 HOMING 196/3 SIDEWALK - — - WAY 1961 R111iE 1962 STREET LIGHTING 1963 3EAxAll3 1961 SAW. SEVEN STORK SENTO 1965 TOPOGRAPHY . 1966 1967 LANDSCAPING 1 Ilfr 1968 OCLL LARN SPRINKLER 1969 1970 —� -� 1911 • 1977 ZONED row -- _ R•1 SUMARY MOUNT AAOUNT AMOUNT AMOUNT AMOUNT /wowT R.I R.S GROSS LAND VALUE RATING ' �1 /T iX_j/I / I 0.1 ENIIANC.NC N ADJUSTf8D NAIR NATN �.}X �O ��I1 //D 1.3 DETRACTING i 1 00 STRUCTION E-i NET LAND VALUE S r01MOATI ON 1.1 BUILDINGS S RASEYENT 1.1.,, ITEM AMOUNT • CKTCRIOR WALLS A 5 NOCE MISCELLANEOUS E A TlODN3 . • SLNDOLS C T INTERIOR ■ PLUNKING CHURCH CS SIIOPS GROSS BLDG. VALUE TREATING TMANSPOR iwTION LNOIANCIIIG 1 ID C1.ECTRI3ITY DOT. DETRACTING 1 11 RISC. .TREND NLl NLUO. VALUE IT ~ TOTAL VALUE . . . TOTAL UNIT COSI g. Fo b• Z. p • PARR EI-INCONE-MISCALL ANEOUS DA T A DUI LD1NG PE RNIIS {{ /( /A,!fy 5.9* REMARKS:• YEAR ND. DATE RIM./ ANOUN[ RAIN ANNUAL GROSS C. 1 061 6-z8.5j Mn7A7 •f •3••+ 0670 �' 2/ b F �•'• PAIR ANNUAL NCI G7234, 4.23.57 g�N.•.t( L 1�j215o RATE •- 14/5 G-25.57 '15 -. J Q 0.0 CAPITALIZED TALUE [ -, r1A i) //-Lt Il rj T o•.T: /Ser'� C$NdJ IO r •i7 9T ige • SALE LCGTIRATE 17, 979/. 10 •.•.4. T Y",- , SALE 0111CRRISL ! /7/y 2.,r7.4.r 4I1.O•U p/%i A.4 !lf7:o 97�a DETRACTOR NIEL. 04NER•SESTIOATE _� 64904 3-f-i6 ADDu, 7* 7VZO rAIR MARK CT VALUE 4AIRTOAGE TIRO INSURANCE • 0 ui -770 3, 5 C f) '1e 1?Jvc' ro I� 1'73. 1 o (2) BATH 812. HntN BQ DATN N tll;t1 1 44.7 Lo DASEMENT- 30. • co P .1 . Jig. 2. 371- S.1 24 zs 8 5,1 a - .. --- - I r I a -----------1 ' 0 I. f _ Ix I J to i • d .1=O.Sr..2840 CARD 2 OF 2 SCALE ":2O' LITTLE RIVC R_ FEDERAL''KAY MENDED : PB,25'PO 6 ' LOTS-1-2-3-4 &•5 BLK••5 1-05-2840 • a • .14 F : • Property Search Page 1 of 2 Departments Government I Employees MIAMI-DADE COUNTY PROPERTY APPRAISER Calendar Carlos Lopez-Cantera PROPERTY APPRAISER Property Appraiser Exemptions & Real Estate Tangible Call 3-1-1 r Search T Public Online Tax Roll About Us Contact Us Home Other Benefits Personal Property Records Tools Administration The Property Appraiser does not send tax bills and does not set or collect taxes. Please visit the Tax Collector's webaite directly for additional information. © Faceboolt © Twitter Print Unk Selected Property Information Property Information Full Legal Description Assessment Information Benefits Information Sales Information Additional Information Featured Online Tools Report Homestead Fraud Tax Comparison Tax Estimator TRIM Notice View Taxes Additional Online Tools Comparable Sales 0 share Year: Land Value: BuildingValue: Market Value: Assessed Value: Assessment Information 2013 $1,431,826 S1.009,449 $2,441,275 $2,441,275 2012 $1,272,734 $1,119,856 $2,392,590 $2,392,590 Taxable Value Information Exemption/ Exemption/ Taxable Value Taxable Value County: $0/ $0/ $2,441,275 $2,392,590 School Board: S0/ $0/ $2,441,275 $2,392,590 City: Regional: $0/ S0/ 82,441,275 $2,392,590 $0/ $0/ $2,441,275 $2,392,590 PROPERTY TAX ASSESSMENT http://gisweb.miamidade.gov/PropertySearch/ 12/18/2013 INFORMAL OPINION CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Leonard J. Helmers, P.E., IV Public Works - COM FROM: Rafael Suarez -Rivas, Assistant City Attorneyr� DATE: December 5, 2013 RE: 7700 Biscayne Boulevard - Public Easement - Presumed Closed and Vacated by the City Matter ID No.: 13-2707 You have written the Office of the City Attorney and requested an informal opinion as to the following question: The Public Works Department has received a request from Mr. Louis J. Tenninello, Esq., on behalf of Motel Blu, LLC, the owners of the property at 7700 Biscayne Boulevard, to confirm that the Public Service Easement located on lots 1-4, Block 5 as described in the Federal Way Amended subdivision, Plat Book 25 at Page 6, has been abandoned and, therefore, recognized as closed and vacated. A search of the Public Works records reveal that the Public Works Department has not issued any permits for utilities within the easement and there are no records or documents that require that the easement be opened for access or use by the general public or denying any private use within the easement. Furthermore, the City of Miami issued building permits to the property owner in 1957, 1961 and 1966 to construct a motel building and swimming pool on top of and within the easement. All Public Works evidence indicates that any public service use of the alley has been abandoned by the City. Along with this infonnation, the owner's representative has provided additional documents to support their assertion that the easement has been abandoned and recognized as closed and vacated. I am requesting your staff's assistance in detennining if the subject easement is presumed to be closed and vacated by the City. This request is similar in nature to a prior Legal Services Request, Matter ID No. 10-3701 assigned to Rafael Suarez -Rivas, Assistant City Attorney, concerning an abandoned alley. Based on the facts set forth in the letter from Tenninello and Tenninello, P.A. dated November 15, 2013, addressed to the Public Works Department regarding Lots 1, 2, 3, 4, and 5, Block 5, Federal Way amended a/k/a 7700 Biscayne Boulevard, Abandonrnent of Public Service Leonard J. Helmers, P.E., IV December 5, 2013 Motel Blu, LLC — 7700 Biscayne Boulevard Page 2 of 3 Easement ("Tenninello Letter") which is attached hereto and deemed as being incorporated by reference, Public Works may consider this public easement to be abandoned as a matter of law. As the Office of the City Attorney, we are not registered surveyors or snappers and we have presumed the facts in the aforementioned Tenninello letter to be accurate. We have not conducted an independent investigation and leave any such factual verification to Public Works. This easement is referenced in a 1925 plat, amended in 1926 by an engineer's note but the easement is not further described in the plat beyond the engineer's note that it is a "Public Service Easement" beyond the reference to it being in the five feet on the west side of Lots 1, 2, 3, 4 and 5. The Easement is not further described in the plat or in the Amended Plat and Ordinance No. 623 passed and adopted on February 23, 1926. The conclusion of the Tenninello letter is that in the eight -eight years since its creation, the aforementioned 5 foot easement has never been used for a public purpose during that entire span of time. We do not wish to reiterate in any verbatim matter the Tenninello letter. These are the major legal points contained within it that we concur with: • The Easement in question, according to the Tenninello letter, has not been used for a public purpose in the eighty-eight years since it was created; • In 1957, the City pennitted the existing motels which run through the Easement. That is, the easement in question traverses one of the motel structures; • The City has at all times collected Ad Valorem Taxes on Lots 1 thru 5 including the 5 feet of Easement referenced by note in the 1926 plat. Abandorunent of an easement occurs when the elements of equitable estoppels exists. This rule is recognized by several Florida cases regarding abandonment of easements. The Fourth District Court of Appeal extinguished a County easement and noted: As to the count for abandon vent, the court grants Plaintiff relief under the theory of equitable estoppel. Because of Martin County's acts, words, and silence, Martin County lead Bright W. Johnson to take a position whereby the assertion of the County's legal title would be contrary to equity and good conscience. Therefore, the court orders the Easement cancelled and extinguished as a matter of right, use, and record and order the clerk of court to make such a notation on the Easement in the public records of Martin County.' The City, while not factually misleading the Owners in any regard whatsoever have nevertheless for over fifty years pennitted structures over and across this easement, and collected taxes on the lots in question, inclusive of the easement. The Easement in question has arguably Cf. Martin County v. Johnson, 570 So.2d 1378 (Fla. 4th DCA 1990) (the court in part based on equitable estoppels held that a County easement acquired in error or by mistake was extinguished.) Doc. No.: 417786 Leonard J. Helmers, P.P., IV December 5, 2013 Motel Blu, LLC — 7700 Biscayne Boulevard Page 3 of 3 been extinguished by the Marketable Title Act 2 This easement has not been used for more than fifty years or since at least 1957. Under the Marketable Record Title Act, a legal writer noted that its main purpose was to: "The chief purpose of the act is to extinguish stale claims and ancient defects against the title to real property, and, accordingly, limit the period of search. The act is different from a statute of limitations. In a statute of limitations a claim of a vested, present interest is cut off because of the claimant's failure to sue. If suit is not filed, the claim is lost. By the Marketable Record Title Act, any claim or interest, vested or contingent, present or future, is cut off unless the claimant preserves his claim by filing a notice within a thirty (30) year period. See s 6.5. if a notice is not filed, the claim is lost. The act also goes beyond a curative act. Curative legislation only corrects certain minor or technical defects through the passage of time, whereas under the Marketable Record Title Act, most defects or clouds on title beyond the period of thirty (30) years are removed and the purchaser is made secure in his transaction."3 Presuming the facts in the Tenninello letter to be correct, we think the City has manifested an intention by acts and conduct over a long period of time to abandon the 5 foot easement contained in the 1926 plat. In Florida, the abandonment of an easement is essentially gauged by the intention of the parties.4 The facts here bear some resemblance to those discussed in Matter No. 10-3701 which reached a similar conclusion. You should have this memo because it was issued to Public Works. In summation, in our opinion, as a matter of law, presuming the veracity of the facts set forth in the Terninello letter, this particular easement has been abandoned or extinguished by operation of law including inconsistent acts, non -usage and periods of limitations and laches applicable in 2013 to the attempted enforcement of any such easement. Please contact the Law Department if you have any other legal questions concerning this informal memo. Enclosure(s) cc: Aldo Bustamante, Assistant Director, Public Facilities 2 Chapter 712, Florida Statutes ("Marketable Record Title to Real Property"). 3 Catsman, the Marketable Record Title Act and Uniform Title Standards, Volume 3, Florida Real Property Practice (1965). a Leibowitz v. City of Miami Beach, 592 So.2d 1213 (Fla. 3d DCA 1992), rev. denied, 601 So.2d 552 (F1a.1992). Doc. No.: 417786 Sou cyan 25" uar y's';ti 8LVi1:•34'1J?=j.'.jalc 40 I alit I