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Home My WebLink AboutSubmittal-Bennet PumoFrom: Bennet Pumo of the Pumo Business and Industrial Rental Wareho.ses September 23, 2014 and NOW again January 7, 2015 City of Miami Commission Legislation Ordinance: File Number: 14-00345 alley closures Proposed reference Alleys for closure: #22; #62; #1$; #• Agenda: S-2 January 8 2015 Commission Hearing Honorable Commissioners, On September 29, 2014 NOW January 8, 2015 you will be voting for alley closures at the second reading of Ordinance Section 54-4.1 Public Alleys. Please note that from the first notification of this action by the City of Miami Public Works, Pumo Properties has notified both the offices of the Commissioners and the Public Works Department that four of the Pumo commercial and industrial building' s having over 30 business units, are abutting the proposed alleys to be vacated. These properties were bought and developed with these existing alleys providing access -ways to the delivery doors, required customer and employee parking lots, utility services including dumpster sanitation and trash services to and from the street and avenue thoroughfares. Vehicular traffic has been perpetual and common to these alley abutting business properties. Closure by the City of Miami by vacating these vehicular access -ways to and from these commercial properties and over 30 commercial units within will be devastating to the developed property and to the many businesses in parking compliances and serving the public venue. A review of the enclosed County aerials does prove the significance these abutting alleys are for these commercial properties. These alleys provide the access -way for all services to the property, business deliveries, parking employee and customer, loading/unloading and the public venue. These true conditions more than warrant the removal of these proposed locations from the closure list or at minimum defer this second reading or go back to a first reading presenting an amended and reduced closure list. The Public Works Department wants you to give your approval, pass and vacate all the proposed alleys knowing there are many that will be appealed to remain as open. Why accept this? It is already broken? Pumo is not the only negatively affected abutting property owner. Why approve known expensive problems by appeals objecting to these closures and possible inverse condemnation lawsuits for abutter' s right to compensation! Thank you for your considerations to remove these alley location closures from the proposed closure list of public alleys. This country has already been subject "to pass it first then read it" . Fortunately for this Commission your past deferrals have been proof positive. Problem is the only solution offered to you is revisions within the resolution only and to pass it with its known problems. How many of the City' s Budgeted dollars will then be spent to reverse your decisions results plus the bucks in attorneys fee' s to settle inverse condemnation compensation dollars that will be paid? It is your vote that pays or saves. Pumo Wfl Vt — Pro r ytner,Builder, Partner & Officer SUBMITTED INTO THE Ben Pumo Building Corporation, BBJ Rental' s 305-757-1823 T305rules@aol.com PUBLIC RECORD FOR TEMSONjjJ( If-UU345- Juprni+-CAI— 6ennP,+- Porno - I e:p) 6.1 May 22, 2014 xp REAL ESTATE DEVELOPMENT k` o / (}) �_� • vk JV ` v/ kx.)\ City of Miami Commission Legislation Ordinance:File Number: 14-00345 alley clos Honorable Commissioners, Please take note this property owner did not receive notification of these closures of egress and ingress into these properties until May 19th, 2014, only 4 days from your second reading for final approval. The Public Works Department has made no attempt of notification to this owner other than this four day notification. Any field inspection would have proven the continued need to maintain many of these alley's as open access for the adjacent owners. Within the proposed Ordinance Section 54-4.1 Public Alleys it does include this description and reads all public alleys that are not paved and are not utilized for vehicular or pedestrian access...... • Note the written portion reading, are not used for vehicular or pedestrian access. Please see the list of attached locations for the proposed alley closures. Of the four listed folio locations and properties, each property does utilize the adjacent alley with both vehicular and pedestrian ingress and egress. All of these properties are commercial and industrial warehouses with delivery doors, employee entrances, sanitation services, customer parking and required paved parking. These conditions more than warrant the removal of these proposed locations from the closure list or at minimum defer this second reading for further study and verification of these facts now brought to this Commissions attention. Thank you for your considerations to remove these alley location closures from the proposed list of public alleys for vacation and closure. Be Property Owner, Partner & Officer Ben Pumo Building Corporation, BBJ Rental's, Pumo Family,LTD B&B Enterprises MAILING ADDRESS: P.O. BOX 380100 • MIAMI, FLORIDA 33238-0100 OFFICE: 7327 N.W. MIAMI COURT • MIAMI, FLORIDA 33150-3599 TELEPHONE: (305) 757-1823 • FAX: (305) 757-7064 Submitted into the public record for item(s) J. ,L on I ' g • 1 S- . City Clerk City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00345 Final Action Date: AN ORDINANCE 0 - • ' I CITY COMMISSION, v v ACHMENT(S), AMENDIN ' PTER 54/ARTICLE 1 OF THE CODE OF THE CI r MIAMI, FLU' •A, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/ IN G RAL", G ORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "P LIC',`J Al LFYS",10 CLOSE -AND -_VACATE CERTAIN -PUBLIC ALLEYS THAT -ARE —NO PAVED AND ARE NOT UTILIZED FOR VEHICULAR OR PEDESTRIAN ACCES CONTAINING A SEVERABILITY CLAUSE ► i * :.. ' OR AN IMM EFFECTIVE DATE. WHEREAS, the Miami City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the Code of the City of Miami, Florida, as amended, ("City Code") to close and vacate certain public alleys that are not paved and are not utilized for vehicular or pedestrian access; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 54/ Article 1 of the City Code, entitled "Streets and Sidewalks/In General", is amended in the following particulars: {1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE 1. IN GENREAL Sec. 54-4.1. Public Alleys. * (a) All public alleys that are not paved and are not utilized for vehicular or pedestrian access within the City, as identified in a marked map located in the Public Works Department, which by reference is made a part of this section, are closed, vacated, abandoned and discontinued for the purpose of which they were dedicated to public use subject to the terms and conditions as set forth in this section. (b) Utility easement. An easement shall be reserved for the installation, maintenance and operation of any utility located in or to be located in the alleys vacated by this section, including the right of the utility to install, maintain, operate, repair and replace any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or City of Miami Page 1 of 2 File 1t 14-00345 (Version: 2) Printed On: 5/8/2014 92 Prclerty Search Application - Miami -Dade County Page 1 of 1 OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3126-024-0230 Property Address: 1570 NW 29 ST Owner BB & J RENTALS Mailing Address 7327 NW MIAMI CT MIAMI , FL 33150 Pirimagrione 6101 CEN-PEDESTRIAN OR1ENTATtO -----. __-. Primary Land Use '4132 LIGHT MANUFACTURING : LIGHT MFG & FOOD PROCESSING Beds / Baths lHalf 0/0/0 Floors 1 Living Units 0 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 22,790 Sq.Ft Lot Size 29,085 Sq.Ft Year Built 11979 Assessment Information Year 2013 2012 2011 Land Value $407,190 $407,190 $319,935 Building Value $534,884 $504,865 $627,336 XF Value $25,9791 $01 $32,379 Market Value $968,053 $912,055 $979,650 Assessed Value $968,053 $912,055 $979,650 Benefits Information Benefit :Type i 20131 20121 2011 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description RAMICO PB 16-74 LOTS 6 THRU 9 BLK 3 LOT SIZE 29085 SQUARE FEET OR 10962-2022 1280 5 • Generated On : 5/21/2014 Taxable Value Information / L 6 fig y. 8 41)1 20=�3; 20121 2011 County Exemption Value $0 $0 Taxable Value $968,053 $912,0551 $979,650 School Board Exemption Value 1 $0 $0 $0 Taxable Value $968,0531 $912,055 $979,650 City Exemption Value $01 $0 $0 Taxable Value $968,0531 $912,055 $979,650 Regional Exemption Value i— $0 $0 $0 Taxable Value $968,053 $912,055 $979,650 Sales Information Previous OR Book - Sale PricePage 1 Qualification Description 03/11/2013 $100; 28574-2996 i Corrective, tax or QCD; min consideration The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the mppst informatio on r4 and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govfin+ i�i er.asp }' (http://www.miamidade.gov/info/disclaimer.asp) Version: 1.0.4 Submitted into the public record for item(s) Li • ?— on 1 • $ • I City Clerk http://www.miamidade.gov/prooertysearch/ \,0,59 OLLi' 1 ot(' /cf\P' Prdperty Search Application - Miami -Dade County OFFICE Of THE PROPERTY Summary Report Property Information Folio: 01-3126-024-0300 Property Address: 1541 NW 28 ST Owner BB & J RENTALS Mailing Address 7327 NW MIAMI CT MIAMI , FL 33150 Primary 6101 CEN-PEDESTRIAN tORIENTAT1O Primary Land Use 4132 LIGHT MANUFACTURING : LIGHT MFG & FOOD PROCESSING ' Beds I Baths / Half 0/0 / 0 `�j?- Floors 1 \C Living Units 0• 4 Actual Area Sq.Ft Oq J Living Area Sq.Ft Adjusted Area 26,336 Sq.F ) Lot Size 42,520 Sq.Ft Year Built keorj aC5 1979 / \v . A' Assessment Information -?��. Year 2013 2012 2011 Land Value I $595,280 $510,240 425,200 Building Value $618,108 $543,726 $733,822 XF Value $47,4791 $0 $0 Market Value ! $1,260,867 $1,053,966 $1,159,022 Assessed Value 1 $1,159,362 $1,053,966 $1,159,022 Benefits Information Benefit Type 1 2013 2012 Non -Homestead Cap Assessment Reduction $101,5051 2011 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description RAMICO PB 16-74 LOTS 21 THRU 26 BLK LOT SIZE 42520 SQUARE FEET 3 OR 10962-2022 1280 5 Page 1 of Taxable Value Information 2013, 2012 2011 ' County Exemption Value $0! $0i $0 Taxable Value $1,159,362' $1,053,966: $1,159,022 School Board Exemption Value j $01 $01 $0 Taxable Value 51,260,8671 $1,053,966 $1,159,022 City Exemption Value $0 $0 $0 Taxable Value $1,159,362 $1,053,966 $1,159,022 Regional Exemption Value $0 $0 ' $0 Taxable Value $1,159,362 51,053,966 $1,159,022 Sales Information Previous Sale Price OR Book - Page Qualification Description 03/11/2013 $100 28574-2996 Corrective, tax or QCD; min consideration The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement et http://www.miamidade.gov/info/disclaimerasp (http://www.miamidade.gov/info/disclaimer.asp) Version 1 0 4 Submitted into the public record for item(s) S 1.2 on I • f 5 . City Clerk http://www.miamidade.gov/pronertvsearch/ C/'11/')A1A Page 1 of 1 Property Search Application - Miami -Dade County • m OFFICE OF THE PROPERTY Summary Report Property Information Folio: 01-3123-021-0210 Property Address: 1055 NW 36 ST Owner BEN BENNET & JERRY PUMO Mailing Address PO BOX 380100 MIAMI , FL 33238-0100 Primary Zone 7000 INDUSTRIAL - GENERAL 4837 WAREHOUSE TERMINAL OR Primary Land Use STG : WAREHOUSE OR STORAGE Beds I Baths / Half 0/0/0 Floors 1 111 t�W Living Units 0 1 Actual Area Sq.Ft 01 �. 1 Living Area Sq.Ft ae t Adjusted Area 9,000 Sq.Ft Ro.' OC1 . Lot Size 13,000 Sq.Ft Year Built 1970 g Assessment Information Year 2013i 2012i 2011 Land Value $234,000r----- $234,0001 $234,000 Building Value $119,6371 $84,7801 $119,637 XF Value $0 $0 I $0 Market Value $353,6371 $318,780 $353,637 Assessed Value $350,658! $318,7801 $296,215 Benefits Information Benefit Type 2013 2012' 2011 Non -Homestead Cap Assessment Reduction : $2,979; — I $57,422 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description LE ROI PB 12-9 LOTS 25 THRU 28 INC BLK 1 LOT SIZE 100.000 X 130 Taxable Value Information 2013 20121 2011 County Exemption Value $0 $0 $0 Taxable Value $350,658 $318,780 $296,215 School Board Exemption Value $0 $0 $0 Taxable Value 1 $353,637 $318,780 $353,637 City Exemption Value $0 $0 $0 Taxable Value $350,658 $318,780 $296,215 Regional Exemption Value $01 $0 $0 Taxable Value $350,658 $318,780 $296,215 Sales Information Previous Sale I Price OR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www miamidade gov/info/disclaimerasp (http://www.miamidade.gov/info/disclaimer.asp) Version: 1.0.4 http://www.miamidade.gov/propertysearch/ Submitted into the public record for item(s) S 12.2 on 1 • g • lS . City Clerk 5/21/2014 Prtrperty Search Application - Miami -Dade County Page 1 of • to OFFICE OF THE PROPERTY Summary Report Property Information Fab: 01-3114-019-0290 Property Address: 1730 NW 71 ST Owner BEN BENNET & JERRY PUMO Mailing Address PO BOX 380100 MIAMI , FL 33238-0100 Primary Zone 17000 INDUSTRIAL - GENERAL Primary Land Use 2914 WHOLESALE OUTLET : WHOLESALE OUTLET Beds / Baths I Half 0/0/0 Floors 1\ nP Living Units 0 olit�� Actual Area jApcp. Sq.Ft la' Area ()1\°Living Sq.Ft Adjusted Area 4,372 Sq.Ft /jet" `a! Lot Size 7,150 Sq.Ft jvJ Year Built 1968 qT Assessment Information Year 2013! 2012 2011 Land Value $92,950; $85,800 $71,500 Building Value $138,771 $129,700 $148,400 XF Value $5,039; $0 $0 Market Value $236,760 $215,500 $219,900 Assessed Value $136,501 $124,092 $112,811 Benefits Information Benefit - --aType 2013i 2012. 2011 Non -Homestead !Assessment 1 Cap Reduction I $100,2591 i $91,408! $107,089 Note: Not all benefits are applicable to all Taxable Values (Le. County, School Board, City, Regional). Short Legal Description HENRY FORD SUB NO 2 PB 9-119 LOT 18&19BLK2 LOT SIZE 7150 SQUARE FEET Taxable Value Information J 2013i 2012 2011 County Exemption Value $0 $0 $0 Taxable Value $136,5011 $124,092 $112,811 School Board Exemption Value $0; $01 $0 Taxable Value $236,760 $215,5001 $219,900 City Exemption Value $0' $0 $0 Taxable Value $136,501 $124,092 $112,811 Regional Exemption Value i $0 $0 $0 Taxable Value $136,501 r $124,092 $112,811 Sales Information Previous Sale Price OR Book -Page , Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/infoidisclaimerasp (http://www.miamidade.goviinfo/disclaimer.asp) Version: 1.0.4 http://www.miamidade.gov/Dronertysearch/ Submitted into the public record for item(s) • on I •2. 1,S . City Clerk y1 G/'11 1'1111 A 1-061 nw 36th st -Alley Page 1 of 1 From: Marcos Cherlo <marcoscherlo@gmail.com> To: t305rules <t305rules@aol.com> Subject: 1061 nw 36th st -Alley Date: Wed, Jan 7, 2015 2:51 pm To whom it may concern, It is of vital importance that the alley behind the family dollar which allows access to my bay door and the only off street parking to my buisness(art frame store) remain open and accessible. I depend on deliveries of products from there. Also my clients expect a safe and uncontested area to load or unload culturally and monitarily priceless works of art. This thoroughfare provides the ability for that safe transaction that 36th St Is ill suited for. Not allowing me access to the rear of my location would be devastating to my buisness. Thank you for you consideration in this matter. Marcos Cherlo Mac's Frameshop 1061 nw 36th st. Miami FL 33127 Submitted into the public record for item(s) 5 • I- on I • V . )S . City Clerk https://mail.aol.com/38865-418/aol-6/en-u�/ma.... rintAitr ccarra aorw To whom it may concern, My name is Carlos Montes and I am the owner of Carlos Iron Work Corp., located in 1057 Northwest 36th Street, Miami, FL 33127, since 1993. In my 22 years in this location the alleyway located on the side leading to the back of my business had been an essential part to my everyday work. When I order material, it is delivered to me through there, otherwise the delivery man would have to block the front street with his truck and pass all the material through my office area. Making it impossible for me to receive my orders of iron bars or large beams, since the front door would not be big enough for the material to pass and make it to my work station. The alleyway isn't just essential to me when it comes to receiving material, but also when I have to deliver a finished product. Most of my work consists of iron doors, fences, windows, and ornamental works (tables, chairs, large pieces). Not having this alleyway would limit my work by not being able to construct large iron jobs, since I would have no way of taking my work out of the workshop and loading it onto my truck. I am asking you to please reconsider closing the alleyway, since just like me; it would be affecting local business in the area. The alleyway is not just any kind of road but an essential part of the work day, not just for my business but also to my neighbors who like us have their loading area in the back of their business whose only exit is the alleyway. Thank you, Carlos Montes Submitted into the public record for item(s) 5 •2 on I • 2 Is- . City Clerk a Alley Closure at 730 NW 71 Street miami fl 33150 Page 1 of 1 January 7, 2015 City of Miami Commission Reference January 8, 2015 Hearing Hearing Agenda # S-2; Subject: Alley Closure #22 Dear Commission, Hello, My name is Pascal Beaudichon with my business, Antiquite De Fiore, LLC, being located at 730 NW 71 Street, Miami, FI 33150. I have leased and occupied this property for the past two years. Mr. Pumo has informed me the City of Miami wants to close the alley next to my leased warehouse. The alley serves as the only access to this buildings primary parking lot, loading/unloading zone with all utility and sanitation services. It provides the only access to three loading doors and is continually used and needed by my business. This alley and access, now proposed to be closed, is #22 on the closure list. This proposed closure would force my business to relocate to another workable location either in or out the City of Miami. I did request a 5 Year lease extension at my last lease renewal. I have projected business growth for an investment of redeveloping a portion of this leased 5000 square foot industrial warehouse into a public showroom, import sales center and continued import and distribution facility. This redevelopment as well as the current import distribution activity will be impossible to continue with this alley access to the parking lot and three loading doors being inaccessible. Thank you in advance for removing this alley from the closure list. If not, the alley will not be the only thing being closed. Sincerely, Pascal Beaudichon, owner Antiquite De Fiore, LLC 305-671-3363 Submitted into the public record for item(s) S on I I �' . City Clerk �0 https://mail.aol.com/3 8 865-418/aol-6/en-us/mai l/PrintMessage.asnx 1/1/1(11S ACCOUNT NO, NAME 4r.'q 1, �yl BILLING INFORMATION XvMO ct (e�t)) Lid. Corporation ( Partnership ❑ Proprietorship ❑ ADDRESS a37,1 Cubit (DV(t• CITY n 1 oi Rtk STATE �[ L PHONE (3°S } -453' 15;l3 General Hauling Service,Nnc. 1440 N. W. 21 STREET 1 Miami, F.oritla 33142 P.U. Box 420854 VICE AGREEMENT REAR END`LOADER SERVICE NUMBER OF CONTAINERS SIZE OF CONTAINERS NUMBER OF PICKUPS PER WEEK t CONTAINER DELIVERY DATE CONTAINER SERVICE GNARL -A. $ ZIP '33aq$'ow PER PICKLP CHARCE MONTHLY CHARGE SERVICE LOCATION INFORMATION 'CUSTOMER" _ZL Sit Ycittk • 6264/10t) ADDRESS_._1os. CONTACT e(tSiai . PHONE } gat • NUMBER OF C SIZE OF CONTA PICKUP SCHEDULE CONTAINER D LIVERY DATE CONTAINER SERVICE CHARGE $ PER PICKUP CHARGE LANDFILL FEE S SPECIAL INFORMATION 1305i 3?5-86M DATE u/o/G'4 ROLL\OFF SERVICE NTAJNERS_ ERS 5 H��( fl "t (/) fp cr -t 3 o 1 FIT 0 g o C TERMSANDThis Agreement shaft include col+ectioar and dispose+ or an solid waste generated by C smen exclude gradioactive, CONDITIONS volatile, highly flammable, explosive, contaminated Or taxis material. Company shaft 4a, quire title to the sofid waste when such waste is loaded into Company's trucks_ Customer acknowledges that ft has care, cus'ody and control of equipment owned by the Company and accepts responsibility for tho equipment and its cuntrnts except whon it is being ohysicsUy handled hV emplayeea of the Company. Therefore. Customer expressly agrees to defend, indemnify and holy harmless the Company from and eosins: any aid ail claims for ion of Or damage to property, or lniuryt t Or death of person or persons resulting from or arising in any manner ow e,f Customer's uce, operation or possession of the equipment furnished urdar this Agreement. Customer ecknowiedges that Company shall rut be liable for any damage to parement or driving surface rewriting from :ts trucks servicing on a£reed upon area. The contractual period is hereby designated as one year from the date of this agreement and thereafter for successive eriods of prevented to the other thin ono days P }err. peed unless end un;H t,risayr semen# is CanCo[letl yy ei[hTr parly in writing Y• v prior to the first termination date hereof or subsequent termination dates oyory era% year Company to reserve the •ioht to increase the charge from Lime to rime in the event the City or County iacroasos the barge fort use of dispose' sites; such charges not being subject to the prior being subject to further approve. of customer, eOPfmal of Customer and shall be limited to the amount of disposal charge Increase. Company to session the rioht to Increase the charge by ten peteeret par year during the I:tet me of this agreement; such increases not The Monthly Charge may be additiano:fy adjusted by Company tront time to time upon 2.0 days no:ice subject to approval 'of Customer prior to the effective da:a of the adjustment, PAYMENT TERMS; Net Accaants Receivetle Accounting closes on the last day of each month. To comply with the payment terms of this agreement payment must be received by the 20th day of following month. General Hauling Services, fnc, has the option of temacrariiy suspending service on the 30th day from the end of ;he monthly billing period for which it is L'nderfOod by both parries to this agreement that arch tea wormsuspension of service will not earn credit to the monthly charge?yment is ovtatsndmg., au tponsidn to aantinua until account is curr�ne Agreed to by the undersigned agents of Company and Customers, who hereby represent and warrau r respec rlwi y, GENERAL. HAULING SERVICE, INC. BY TITLE t y ere author zec and empowered to execute this Agreement on behalf of Company and Customer, CUSTOMER: �R' QC10 fr R tk BY �.�...''�`>s 121 TITLE C' /A• - Or Submitted into the public record for item(s) 12.. 2 on I . Q . I S . City NEW ACCOUNT ❑ RENEW ACCO ACCOUNT NO. ?i NAME i�/1)U Ci) f BILLING ADDRESS / � C CITY FAROS CYCLING N.W. 35th 1 SERVIC VENUE • MIAMI, FL. 33142 AGREEMENT �(yDN AZARDOUS WASTE pus Ma V /D �_ £y +!%1Sy� PHONE T'"1 7_ )06141.1Y ititif V STATE JG.._ . FAX^7 37/ " 7( `f / SERVICE ADDRESS � `�'Zi f % 7 % ,'V I t . CONTAINER DELIVERY DATE / l / , 1./ :G'ONTACT & TITLE Li t<< f PHONE: (305) 635-2210 FAX: (305) 633-0550 Service Type Legend Customer Type Legend W=Waste R= Recycling B = Both D ❑ D C=Commercial ❑ M=Multi Family ❑ (iv — ;`' o., L EXPIRATION DATE t START SERVICE DATE START BILLING DATE (%" SEQ. NO. ROUTE TRUCK TYPE CONTAINER MTWT F SS PIN NO LIDS LOCKS WHEELS MONTHLY CHARGE RATES PICK-UP DISPOSAL OTHER NO. COLOR NO. SIZE / r yr , O C.0 I.F, ✓, t e Zk 4(A. /C 7.:1) ;04-r- / PAC 52' '7. DEPOSIT AMOUNT REMARKS DATE REC'D. T SERVICE ADDRESS PHONE NO. LOCATION GATES CUSTOMER AUTHORIZED SIGNATURE s" BY SIGNING, THE CUSTOMER AGREES TO THE TERMS OF THE SERVICE AGREEMENT ON REVERSE SIDE. TITLE �f ` / DATE ' 2 ; `r f REPRESENTATIVES TITLE _ �( 1 FOR VALUABLE CONSIDERATIONS RECEIVED THE UNDERSIGNED GUARANTEES ALL CASH SUMS THAT MAY BECOME DUE AND PAYABLE TO LAZARO'S WASTE & RECYCLING SYSTEMS PURSUANT TO THE TERMS OF THIS AGREEMENT. CONTRACTOR REPRESENTATIVE'S SIGNATURE•• PREPARED BY L k PREVIOUS SERVICE / t. 1 ,rf/ / ❑ ESCROW ❑ GROUP NO. ❑ SHARE 0 CODE: DATE CHECK LIST Li OWNED CONTAINERS ❑ OWNED COMPACTOR ❑ LEASE COMPACTOR SPECIAL CONTAINERS 1/ , Submitted into the public record for item(s) c5 Yz . 2 on I • g 1 S' . City Clerk ❑ NEW ACCOUNT El RENEW ACCOUNT ACCOUNT NO. NAME BILLING ADDRESS LAZARO'S WASTE & RECYCLING SYSTEMS 4701 N.W. 35 AVENUE MIAMI, FL. 33142 S SERVICE AGREEMENT wN.wtrAROOus WAStES A-V PHONE CORPORATE NAME/TYPE CITY STATE ZIP PURCHASE ORDER NO. SERVICE ADDRESS CONTACT 8 TITLE - CONTAINER DELIVERY DATE START SERVICE DATE PHONE: (305) 635-2210 FAX: (305) 633-0550 Service Type Legend Customer Type Legend W = Waste 0 R = Recycling 0 B =Both 0 C = Commercial 0 M = Multi -Familiar❑ START BILLING DATE SEO ROUTE TRUCK CONTAINER M T W T F S S LIDS LOCKS WHEELS MONTHLY SERVICE CHARGE RATES OTHER NO NO. COLOR TYPE �. 812E I Recycled Materials Legend NP = Newspaper OM = OPther Metal PO - Paper/Other TI = Tires PB = Plastic Bottles TE = Textiles FW = Food Wastes CD = Construction & Demo GL = Glass WD = Wood YW = Yard Waste MI = Miscellaneous AL = Aluminum PM = Paper/Mixed WG = White Goods DEPOSIT FM = Ferrous Metal PC = Paper/Corrugated OP = Other Plastics AMOUNT REMARKS DATE REC'D. TYPE BUS. GATES SERVICE ADDRESS PHONE NO. LOCATION BY SIGNING, THE CUSTOMER AND COMPANY AGREE TO THE TERMS OF THE SERVICE AGREEMENT ON REVERSE SIDE. CUSTOMER ;,/ 7 ®f t \ COHTRACTOR REPRESENTATIVE'S SIGNATURE AUTHORIZED SIGNATURE �-�s�".'�Y; CODE: TITLE DATE REPRESENTATIVE'S TITLE DATE Asory Legal Opinion - Counties, roads and streets, dedication, vacation 1 Page 5 of 6 � - ) I /y 6? c, eneraT public is using the roads and streets in question (incl. lic service vehicles such as garbage trucks, police, fire, or emergency vehicles), then the county should not close or vacate the roads or streets in question if such vacation would be injurious to the public welfare or violate individual property rights. It has been noted: ". . . ['Me power to vacate streets cannot be exercised in an arbitrary manner, without regard to the interest and convenience of the public or individual rights." McQuillin Municipal Corporations s. 30.186a. Hence, absent a determination by the county commission that the general public welfare would benefit from vacation, it should not be accomplished, and in any event, the roads or streets can be vacated only in accordance with the statute as discussed above and title thereto cannot be legally conveyed or transferred to the homeowners' association. You also ask whether the action of the county in closing and vacating the roads and streets in the subdivision would subject it to liability in inverse condemnation based upon a loss of access to the abutting lot owners. As a practical matter, the facts delineated in your inquiry suggest that the homeowners' association does not propose to restrict the access of any of the resident or nonresident abutting fee owners to any of the platted streets or roads or any property within the subdivision. Therefore, no cause of action in inverse condemnation could arise in such factual situation. However, a right of access to one's own property is a property right. Hence, an abutting fee owner may be entitled to compensation from a public body when it closes or vacates a public street for the consequent loss of such access on the theory that a property right has been taken without compensation. See, e.g., Pinellas County v. Austir 323 So.2d 6 (2 D.C.A. Fla., 1975). An abutting owner, it should also be noted, would, upon vacation of the property, have a cause of action to enforce his right of access or private easement for roadway purposes as against the homeowners' association or other abutting owners who may obstruct access or travel upon any of the vacated roads. Such private (implied) easement would arise by virtue of conveyances and sales made with reference to the recorded plat which creates a private right to hav the space marked on the plat as streets and roads remain open f ingress and egress and the uses indicated by the designation. stated by the Florida Supreme Court in City of Miami v. Coast Ry. Co., 84 So.2d 726, 729 (Fla. 1920): Florida "The platting of land and the sale of lots pursuant thereto crea as between the grantor and the purchaser of the lots a private right to have the space marked upon the plat as streets, alleys, parks etc., remain open for ingress and egress and the uses indicated the designation." (Emphasis supplied.) See also McCorquodale v. Keyton, 63 So.2d 906 (Fla. 1956); Burnh East P`/g3'v/ es J httn://www.myfloridalegal.com/a2o.nsf/nrintview/1F43FA7B5F1 COAF1 R5256591fl(16771) 9/1 ni)ni 41 time attempting to exclude from 'coriideration other applicable decisions, the government's position exalts the police power as unassailable, while it reduces well -established property rights to a mere memory. The Constitution of this state, existing case precedent, and simple common sense dictate the rejection of the County's position. ACCESS DEFINED The government's position, denying a taking based primarily upon an inaccurate understanding "access." As noted in Nichols, the owner's right in this cause, is of the concept of of access attaches to the abutting lands, and that this is a "property right in the nature of an easement in the street which is appurtenant to this property and which is his private right, as distinguished from his right as member of the public." (Emphasis by Author). 3 Nichols on Eminent Domain, Sec. 10.221[2y, pp. 373-375. McQuillan states: The most important right of the abutter incident to his ownership of property abutting on a street or alley is his right of access . . .. It includes not merely the right . . into and come out of his premises, but also right to have the premises accessible patrons, clients and customers. In most jurisdictions, this right of acces held to be a proprietary right, an easeme the street attached to the estate or owne of property abutting on a street or alle property which cannot be appropriated to he of the public without compensation. McQuillan, On Municipal Corporations Section 1429. Submitted into the public record for item(s) S 12.2 on 1 - l b� . City Clerk 4 In Benerofe v. SRD, 217 So.2d 838 (Fla. 1969),1 the Supreme Court upheld the ruling that the mere taking of fee simple title in a strip of land acquired by the State did not in itself affect the adjacent remaining property rights of the private owner with respect to ingress and egress. Only a physical or legal limitation would extinguish those rights, for which compensation must be paid. This Court went on to state: We agree that even when the fee of a street or highway is in a city or a public highway agency, the abutting owners have easements of access, light, and air from the street or highway appurtenant to their land, and unreasonable interference therewith may constitute a taking or damaging within constitutional provisions requiring compensation therefor. Benerofe at 839. (Emphasis supplied). This Court held that this abutter's right, when actually interfered with (as in the case at bar) may be compensated by relief pursuant to injunction or inverse condemnation. Benerofe at " In defining the right of access as it exists under Florida law, the Court in Anthony v. Franklin County, 799 F.2d 681 (llth Cir. 1986) stated: i 1The County has incorrectly stated that Benerofe involved a limited access taking and therefore was inapplicable to this cause. See: Benerofe v. SRD, 210 So.2d 28, 30 (Fla. 1st DCA 1968). The principles set forth in this Court's Benerofe decision, and later reiterated in Div. of Admin., State of Fla. DOT v. Ness Trailer Park. Inc., 489 So.2d 1172, 1178 (Fla. 4th DCA 1986), are indeed applicable, and this cause clearly falls within the category of cases where "the public authority erects a physical barrier impedi ingress or egress." Ness, supra at 1178, fn. 5. Submitted into the public record for item(s) S City Clerk on 1 5 • Submitted into the public �MAILING ADDRESS: P.O. BOr, 330100 • MIAMI, FLORIDA 33238-0100 ] record for item(s) S I (- OFFICE: 7327 N.W. MIAMI COURT • MIAMI, FLORIDA 33150-3599 on I • . V City Clerk TELEPHONE: (303) 757-1823 a FAX: (305) 757-7064 September 23, 2014 REAL. ESTATE try r— cr f`- Hermes Diaz, P.E. City Of Miami Department of Public Works 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Re: alley closures by vacate and reversion Mr. Diaz, Q CI O Q m _a na m 0 N U.S. Postal Service, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com•- Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To CITY OF MIAMI DEPT. OF PUBLIC WORK HERMES DIAZx P.E. Street, Apt. No.,444 SW 2ND AVE, 8TH FLOOR or PO Box No. City, State, ZIP+4 MIAMI FL 33130 PS Form 3800. Au • ust 2006 See Reverse for Instructions This request now comes to the City of Miami to remove certain alleys from the City's list of alleys that have been marked to be vacated. The alleys adjacent to and abutting the Pumo properties do have vehicular traffic and access which does include serving all aspects of these buildings of multiple commercial tenants and industrial businesses. Additionally these alleys were in existence at the time of the planning and City permitting. The development and construction of these commercial and industrial buildings with the public alley access, the abutting required parking, business services by and to the units and utility's, has been perpetually served by these alley access -ways to the avenue and street thoroughfare's continually throughout the years. As per instructions from the City of Miami Public Works Department and by resolution this owner's removal request is being submitted for the Pumo properties abutting the alleys to be vacated as listed below; 2.2. aD/ 1) 730 NW 71 Street Aki 62 17Q1 2) 1055 NW 36 Street wo,a3 3 3) 1541 NW 28 Street itlo,F1 Zoe* 4) 1570 NW 29 Street Folio: 01-3114-019-0290 Folio: 01-3123-021-0210 Folio: 01-3126-024-0300 Folio: 01-3126-024-0230 N/S alley from NW 71 Street E/W alley from NW 11 Avenue N/S alley NW 28 St to NW 29 Street N/S alley NW 28 St to NW 29 Street and E/W alley from the N/S alley Thank you for your consideration to have these few alleys remain as open access -way alleys. The hardships by this vacate resolution for these listed properties do involve the building configuration, parking conformity, functional obsolescence and tenant business operation compliances. Each of these many commercial and industrial business units have vehicular service traffic and customers that need these alleys with public access for access -ways to the streets and avenues. rely, 1 (O' Bennet Puma, owner, builder, officer, partner "" 44' � for Ben Puma Building Corporation & BBJ Rentals � T305 I @ i ru es ao ,com ` L o y�� a5 NE 1 CT NE 1 CT NE1CT NW 72 ST YES YES YES YES YES YES 21 12AR2 5 NW18AVE NWI7AVE NW54ST NW55ST YES 22 12D1 5 NW 70 ST NW 71 ST NW 7 AVE NW 8 AVE 23 1202 5 NW 69 ST YES NW NW7AVE NW8AVE YES 5 NE 77 ST NE 78 ST NE 2 AVE EAST DEAD ENO BEFORE NE 78 ST RAILROAD 4 10H4 5 NORTH MIAMI AVE NE MIAMI CT NE 79 ST 5 10K1 5 NW 2 CT NW 2 AVE NW775T 6 10K2 5 NW775T 10K1 NW2CT 7 10K3 5 NW 755T NW 77 ST NW 2CT CITY OF MIAMI LIST OF PUBLIC ALLEYS FOR VACATION AND CLOSURE City Code Chapter 54-4,1 Public Alleys Prepared by the Pubk Works Department (2014) 2 911 3 912 5 NE3CT NE 3 CT NE 79 Sr NE80TER NW 79 ST NW 2 AVE NW 2 AVE YES YES YES YES YES YES 8 10K4 5 NW 4 AVE EAST DEAD END NW 77 5T NW 79 ST 9 10K6 5 NW 4 AVE NW 3 AVE YES NW 75 ST NW 77 ST YES 10 10K9 5 NW 4 CT NW 4 AVE NW75ST NW775T YES 11 10K10 5 NW 4 CT WEST DEAD END NW 77 ST NW 79 ST 12 10K11 5 NW 5 AVEYES NW4CT NW 76 ST NW775T YES 13 10K12 5 NW 5 AVE NW 4 CT NW 75 ST NW 77 ST YES 14 10M2 5 lOMl WEST DEAD END NE 78 ST NE 79 ST YES 15 10M3 16 10M4 5 NE 78 ST S NE77ST 17 10M5 5 NE 76 ST 18 10N2 5 NWSCT SOUTH DEAD END NORTH DEAD END NE 77 ST WEST DEAD END NE 2 AVE NE 2 AVE NE2AVE NW 71 ST 19 10R1 5 NE 73 ST NE 75 ST NE 1 PL 20 12AR1 5 NW 19 AVE NW 18 AVE NW 54 ST NE2AVE NW 55 ST 24 12G1 5 NW 12 AVE NW 11 AVE NW 62 ST NW 63 ST 25 1212 5 NW 15 AVE 1213YES NW61ST NW625( YES 26 1213 5 NW61ST NW62ST NW15AVE NW17AVE YES 27 1214 5 NW605T NW 61 ST NW 15 AVE NW 17 AVE YES 28 1215 5 NW59ST NW 60 ST NW 15 AVE NW 17 AVE 29 1216 5 NW 58 TER NW 59 ST YES NW IS AVE NW 17 AVE Y6 30 1217 5 NW585T NW 58 TER NW 15 AVE NW 17 AVE YES 31 12N1 5 NW 15 AVE NW 14 AVE NW54ST NW555T YES 32 13C1 5 NW 70 ST NW 71 ST NORTH MIAMI AVE NW 2 AVE YES 33 13C2 5 NW 70 ST SOUTH DEAD ENO (69 ST) NORTH MIAMI AVE NW 2 AVE YES 34 13D1 5 NE 70 ST NE 71 ST NORTH MIAMI AVE NE 2 AVE YES 35 1302 5 NE 70 ST SOUTH DEAD END (69 ST) NORTH MIAMI AVE NE 2 AVE YES 36 13D3 5 NE 2 AVE NE 1 CT NE G8 ST NE 68 TER YES 37 13G1 5 NW 62 ST NW 64 ST NW 1 CT NW 1 AVE YES 40 1411 41 14 K1 38 13Q1 5 NW MIAMI PL 39 13Q2 5 NW 56 ST NE 59 ST 5 NE 61 5T 5 42 14K4 5 NE 59 ST 43 141.1 5 NE61ST WEST DEAD ENO NORTH DEAD END NE 59 TER NORTH DEAD END NW 60 ST NORTH DEAD END NW54ST NW SG ST NW 2AVE NW 1CT NE 2 AVE NE 3 AVE NE4CT NE5AVE FEC RAILROAD NW 4 Cr NORTH BAYSHORE DR BISCAYNE BAY 44 16F1 5 NW 49 AVE NW50S7 NW5AVE 3titimitted into the public record for item(s) S 0-, Z on ' � ' VS- . City Clerk Page_ YES YES YES YES YES YES NW 3 AVE YES LOSURE 1055 ISc3 46 16F3 5 NW 47 AVE 47 16F4 5 NW 46 AVE 48 1614 5 EAST OF NW 7 AVE 49 1615 5 NW 7 AVE 50 16N4 5 NW 7 AVE 51 16N5 5 EAST OF NW 7 AVE 52 16N7 5 NW S AVE 53 16P4 5 NW 3 AVE 54 16P5 5 NW 3 AVE 55 16P10 5 NW 2 AVE 56 16R5 2 NORTH MIAMI AVE 57 16R6 2 NE MIAMI CT 58 17C1 5 NW 11 AVE 59 1701 5 NW 1OAVE 60 17N1 61 17P1 62 17Q1 63 64 65 66 67 68 17Q3 17Q4 17Q6 17A01 17A02 17A03 5 NW39ST 5 NWI3AVE 5 NW LO AVE 5 5 5 5 5 5 NW 11 AVE NW11AVE NW 11 AVE NW 18 AVE NW 18 AVE NW54ST NW 48 AVE NW 47 AVF EAST DEAD END EAST DEAD ENO EAST DEAD END EAST DEAD END 1-95 NW 4 AVE NW 5 AVE NW 3 AVE NE MIAMI CT NE MIAMI PL WEST DEAD END EAST DEAD END SOUTH DEAD END EAST DEAD END NW 11 AVE WEST DEAD END WEST DEAD END WEST DEAD END NW 19AVE 17A03 17AD2 NW 5 AVE NW 5 AVE NW 42 ST NW41ST NW 37 ST NW 36 ST NW 39 ST NW 39 5T NW 37 ST NW 37 ST NE 36 ST NE 36 ST NW 51 TER NW 3 AVE NW 3 AVE NW435T NW 42 ST NW 385T NW 37 ST NW40ST NW 37 ST ; NW 36 ST NW 36ST NE 38 ST M NE 38 ST mow NW 54 ST • MIR Pr NW53ST NW54ST NW 15 AVE NW 38ST NW 36ST NW 37 ST NW 38 ST NW 40ST NW 53 ST NW 53 ST NW 18 AVE NW 17 AVE NW 39 ST NW 37 ST NW 38 ST NW 39 ST NW 41 ST NW 54 ST NW 54 ST NW 17 AVE YES ._;: YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 69 17AR1 S NW38ST SOUTH DEAD END NW 17AVE NW 18 AVE YES 70 17AR2 5 NW38ST 5 NW 18 AVE 1 NW 35 AVE 1 NW3SAVE 1 NW 33 AVE 1 NWI8AVE 76 19H2 1 NW 28 ST 77 19H4 1 NW 30 ST 78 20A1 1 NW 14 AVE 79 20A2 1 NW 14 AVE 80 20A3 1 NW 15 AVE 81 20A5 1 NW 345T 82 20C1 1 NW 32 ST 83 20E3 1 NW 28 ST 84 20E4 1 NW 15 AVE NORTH TO SR-112 17AR2 NW 36 AVE NW 33 AVE NW 32 AVE NW 17 AVE NW 29 ST NW 315T NW 15 AVE NW LS AVE NW 17 AVE NW 355T NW34ST NW 29 ST WEST TO 20E3 NW 18 AVE NW38ST NW 36ST NW 36ST NW 36 ST NW 28 ST NW 18 AVE NW 18AVE NW 34ST NW 35ST NW 34 ST NW 17 AVE NW 11CT NW 15 AVE NW 28 ST NW 19 AVE 5R-112 NW 37 ST NW 37 ST NW 37 ST NW 29 ST NW 17 AVE NW 17 AVE NW 35 ST NW 36 ST NW 355T NW 15 AVE NW 11 AVE NW 17 AVE NW 29 ST YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES —EA 85 20F2 1 NW 14 AVE NWI3AVE NW28ST NW 29 ST YES 86 20H1 1 NW28ST 87 2011 1 NW 14 AVE 88 2012 1 NW 24ST 89 2013 1 NW 24ST 90 2015 1 NW 27 ST 91 2016 1 NW 15 AVE 92 20N1 1 NW 15 A-VE 93 20N2 1 NW 21 ST 94 20P3 1 NW 21 ST 95 20P4 1 NW 21 TER 96 20P5 1 NW 14 AVE 97 20P6 1 NW 22 ST 98 20R1 1 NW 8 AVE 99 2181 5 NW 2 AVE Submitted into the public record for item(s) on l • / • 1 5 • City Clerk NW 29 ST NW 15 AVE SOUTH DEAD END NW 265T NW 28 ST WEST rO 2015 EAST SO FEET NW 21 TER NW 21 TER NW 22 ST 20P4 NW 23 ST EAST DEAD ENO NW 3 AVE Page 2 of 6 NW7AVE NW8AVE NW 27 ST NW 15 AVE NW 15 AVE NW 15 AVE NW 27 SF NW 21 TER NW 17 AVE NW 13 AVE NW 13 AVE NW 21 TER NW 13AVE NW 20 ST NW32ST" NW 28 ST NW 17 AVE NW 17 AVE NW 17 AVE NW28ST NW 22 5T NW 15 AVE NW 14 AVE NW 14 AVE NW 22 ST NW 14 AVE NW 215T NW 33 ST YES YES YES YES YES YES YES YES YES YES YES YES YES YES