HomeMy WebLinkAboutPZAB 4-15-15 Supporting DocumentationFile ID:
Title:
Location:
Applicant(s):
Purpose:
Finding(s):
PLAT & STREET
COMMITTEE:
Planning & Zoning:
PZAB.5
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
Planning, Zoning and
Appeals Board:
15-00183sc Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF
THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING,
VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A
PORTION OF NORTHEAST 11TH TERRACE APPROXIMATELY LOCATED
BETWEEN NORTHEAST 11TH STREET AND THE 1-395 EXPRESSWAY AND
BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT,
MIAMI, FLORIDA
Approximately between NE 11th Street and the 1-395 Expressway and between
N Miami Avenue and NE Miami Court [Commissioner Marc Sarnoff - District 2]
Iris Escarra, Esquire on behalf of 29 NE 11 Street, LLC
333 SE 2nd Avenue
Miami, FL 33131
This will close a portion of NE 11th Terrace located between NE 11th Street
and the 1-395 Expressway and between N Miami Avenue and NE Miami Court.
Recommended approval on January 15, 2015, by a vote of 4 - 2.
Recommended approval.
April 15, 2015
ANALYSIS FOR
STREET CLOSURE
File ID# 15-00183sc
REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the
closing, vacating, abandoning, and discontinuing for public use a street.
PROJECT ADDRESS: A portion of Northeast 11th Terrace lying east of North Miami Avenue
and west of Northeast Miami Court, approximately 6,384 square feet
APPLICANT: Iris Escarra, Esquire on behalf of the property owner 29 NE 11 Street, LLC.
COMMISSION DISTRICT: District 2 FOLIO#: not applicable
ZONING DESIGNATION: T6-60A-0 NET OFFICE: Downtown
FINDINGS AND COMMENTS:
1. The general public uses Northeast 11th Terrace for access to the adjacent properties. Due to
the "one-way" traffic pattern in the neighborhood, the general public approaching on North
Miami Avenue would have to circulate around the block to access the adjacent properties and
parking lot located under the expressway. The abutting properties to the north and south of
Northeast 11th Terrace are under the same ownership, as such, this closure will allow for
unified development in the future. Furthermore, when there is future development a
continuous pedestrian sidewalk will be provided which benefits the general public.
2. The general public, service and emergency vehicles use Northeast 11th Terrace for access to
the adjacent properties. Service and emergency response vehicles from F-R Station 2 would
have to circulate around the block to gain access to adjacent properties and the parking lot
under the expressway. However, Northeast 11th Terrace acts as a private road leading to a
specific destination and related parking under the expressway. Any proposed future
development will be conditioned to provide access for service and emergency vehicles.
3. Circulation around the block may delay emergency service to the adjacent properties.
However, North Miami Avenue, Northeast Miami Court and Northeast 11th Street are available
as access to the projects abutting Northeast 11th Terrace.
4. Closing of the Northeast 11th Terrace connection to North Miami Avenue will reduce vehicular
conflicts with passing traffic and pedestrians. The area of Northeast 11th Terrace is only one
block in length and is not a part of the vehicular and pedestrian circulation pattern that will
accommodate a standard street cross section, including sidewalks, and standard width of the
vehicular travel lanes.
City of Miami
Planning and Zoning Department
5. On January 15, 2015, Plat and Street Committee members voted to recommend four (4) in
favor and two (2) in denial of this street closure request. The Solid Waste Department and the
Fire Department voted to deny the closure as it is not part of a proposed development and
access easements for their services have not been clearly defined.
6. The street closure is consistent with the goals, objectives and policies of the Miami
Comprehensive Neighborhood Plan (MCNP). The street closure will promote and facilitate
cohesive development, and revitalization of the lots that it abuts.
Based on the above findings, the Planning and Zoning Department recommends Approval of the
request.
p/t/v
Christopher Brimo, AICP
Chief of Land Development
J. Ellis
March 20, 2015
FILE ID# 15-00183sc
Page 2 of 2 Tierra Acres
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ADDRESS: 15-00183sc -
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ADDRESS: 15-00183sc -
NE 11 ST & 1-395 BETWEEN N MIAMI AV & MIAMI CT
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00183sc Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI
CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF
NORTHEAST 11TH TERRACE APPROXIMATELY LOCATED BETWEEN
NORTHEAST 11TH STREET AND THE 1-395 EXPRESSWAY AND BETWEEN
NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA.
LOCATION: Approximately between NE 11th Street and the 1-395 Expressway and
between N Miami Avenue and NE Miami Court [Commissioner Marc Sarnoff - District
2]
APPLICANT(S): Iris Escarra, Esquire, on behalf of 29 NE 11 Street, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLAT & STREET COMMITTEE: Recommended approval on January 15, 2015, by a
vote of 4 - 2.
PURPOSE: This will close a portion of NE 11th Terrace located between NE 11th
Street and the 1-395 Expressway and between N Miami Avenue and NE Miami Court.
WHEREAS, the Plat and Street Committee, at its meeting on January 15, 2015, has reviewed the
subject tentative plat entitled, "Tierra Acres" and determined that all technical requirements have
been met and by a vote of four to two (4 - 2) recommending approval of the vacation and closure as
set forth; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the
subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic
circulation or access for public service; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 15, 2015,
following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item
no. *, recommending * of the vacation and closure as set forth; and
WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the
City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way
as hereinafter described, and deems it advisable to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id: 15-00183sc (Version: 1) Printed On: 4/7/2015
File Number: 15-00183sc
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A portion of Northeast 11 th Terrace located between Northeast 11 th Street and the 1-395
Expressway and between North Miami Avenue and Northeast Miami Court , Miami, Florida, more
particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use.
Section 3.Approval of the requested vacation and closure shall be valid for a period of four
years and shall remain independent of the referenced tentative plat during this period.
Section 4.The approved final plat must be recorded within the four year approval period of
the requested vacation and closure
Section 5.This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 15-00183sc (Version: 1) Printed On: 4/7/2015
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT-OF-WAY TO BE VACATED
- EXHIBIT "A" -
Scale: 1 "=80'
NOTE:
— DENOTES "CENTERLINE"
l�1 — DENOTES "MONUMENT LINE"
t — DENOTES "MORE OR LESS"
PREPARED FOR: 29 NE 11 STREET LLC
RIGHT-OF—WAY TO BE VACATED
LEGAL DESCRIPTION:
te,
9
EAST - WEST CONNECTOR
INTERSTATE No.395)
STATE ROAD No.836)
�9hto —
8
BLtkK 16
ALICE BA DWIN, JENNY _
—AT OXAR AND CHARLES OXAR*
7 (PLAT BOOK B, PAGE 87)
6
�'+ ��� 25
TORIG BE VACATED
(6,384i. SQUARE FEET)
-BLOCK 3N
dIAM1"
(PLAT BOOK B, PAGE 41)
5
6
4
N.E. 11 th STREET
4.1
THAT PORTION OF THE RIGHT—OF—WAY FOR N.E. 11th TERRACE LYING BETWEEN N.E. MIAMI COURT AND NORTH
MIAMI AVENUE, SAID PORTION BEING BOUNDED ON THE NORTH BY THE SOUTHERLY BOUNDARY LINE OF BLOCK
16, ''4LICE BALDWIN, JENNY M. OXAR AND CHARLES OXAR," ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK "B" AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BOUNDED ON THE
SOUTH BY THE NORTHERLY BOUNDARY LINE OF BLOCK 3N, "MIAMI," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK "B" AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA,
BOUNDED ON THE EAST BY A LINE 25.00 FEET WEST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES
TO, THE CENTERLINE OF N.E. MIAMI COURT, AND BOUNDED ON THE WEST BY A LINE 35.00 FEET EAST OF AND
PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF NORTH MIAMI AVENUE, LYING AND
BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI—DADE COUNTY, FLORIDA.
SAID RIGHT—OF—WAY TO BE VACATED CONTAINS 6,384 SQUARE FEET, MORE OR LESS.
�aZGITeAje-c�ZLAf2L/Z (LB-87)
LAND SURVEYORS • ENGINEERS • LAND PL4NNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 552-8284
ORDER NO• 203668
THIS IS NOT A "LAND SURVEY."
DATE• 01-20-2014
ARED UNDER MY SUPERVISION:
SHEET 1 OF 1 SHEET(S) F B • N.A.
MARK STEVEN JOHNSON SECRETARY/TREAS.
FLORIDA PROF. LAND SURVEYOR NO. 4775
K:\365341\INNOVATION DISTRICT\LEGAL\dwg\Innovation District -NE 11 Tarr Vacation -Jan 2015.dwg
Citp of jlietini
January 21, 2015
29 NE 11 Street, LLC
P.O. Box 11191
Miami, FL 33101
DANIEL J. ALFONSO
City Manager
TIERRA ACRES
TENTATIVE PLAT #1858
LOCATED BETWEEN NE 11 STREET AND THE I-395 EXPRESSWAY AND BETWEEN NORTH MIAMI
AVENUE AND NE MIAMI COURT
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of January 15, 2015, approved the above tentative
plat subject to the following revisions being made to the tentative plat, additional information being provided
and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until
these conditions have been satisfied:
1. Remove the description of the street from the preamble on the tentative plat.
2. Provide a certification concerning the closure of the tentative plat boundaries.
3. A suitable public turnaround and access must be provided at the north end of NE Miami Court. The
turnaround must accommodate Fire -Rescue, Police and Solid Waste Department vehicles as well as the
general public.
4. An opinion of title as to the reversionary rights for the right-of-way to be closed and vacated will be
required by the Planning, Zoning and Appeals Board (PZAB). The opinion of title must also address
whether or not there are individuals, in addition to the abutting property owners, having an interest in the
right-of-way to be closed and vacated. A copy of the opinion of title must be provided to the Public
Works Department.
5. The Planning, Zoning, and Appeals Board (PZAB) will require a sketch and legal description with a
square footage, on an 8 % "x 11" paper, for the proposed closure. Contact the Office of the Hearing
Boards, at 305-416-2030. Provide a copy to the Department of Public Works.
6. A letter from Comcast is required to determine if any adjustments to their facilities or easements are
required.
7. Verify with Miami -Dade County that the proposed plat name is acceptable.
8. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal.
9. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final
plat submittal,
10. Current backup documentation will be required for all who execute the final plat. A resolution for
authority to execute documents and a Certificate of Good standing from the Secretary of State are
required, if applicable.
11. Tentative plat application must be made with Miami -Dade County after receiving approval from the
City of Miami Plat and Street Committee.
12. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the
owner's responsibility to work with his surveyor and his attorney to assure that everything is in order
before submitting the final plat package.
DEPARTMENT OF PUBLIC WORKS
444 SW 2^d Avenue, 8eh Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
TIERRA ACRES — TENTATIVE PLAT #1858
January 21, 2015
Page 2 of 3
13. Be advised that if all requirements for scheduling the final plat for City Commission action are not in
order, the final plat will not be scheduled for a City Commission meeting.
14. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat
approval (see contact sheet). The tentative plat name and tentative plat number must be included on the
application form.
15. On the location sketch, correct Subdivision names of the underlying plat and surrounding subdivisions.
16. Relocate the Base Building Line along the north side of NE 11 Street.
17. Note the Right of Way to be dedicated, closed and vacated "by this plat".
18. Show the proposed 25-foot corner radius, with curve data at the corners of the proposed plat.
19. Provide a tie to the nearest section corner.
20. On surveyor's notes, identify benchmarks used.
21. Refer to the sketch as "Boundary and Topographic Survey".
22. Final plat will require a copy of the Certified Corner Record.
23. Provide all property addresses to the corresponding folio numbers applicable to this Plat.
24. In the title block under the tentative plat name add "A REPLAT OF....", and correct plat name for Plat
Book B-41; delete note for NW 11 Terrace; add section, township, range, city, county, and state.
25. Add CB, CD, CLR, LARW to the abbreviations list.
26. Correct Subdivision names of the surrounding subdivisions.
27. Revise the legal Description to correct plat name for Plat Book B-41 ("Miami").
28. Miami -Dade County Public School Concurrency application needs corrections.
29. An approval letter from the Florida Department of Transportation will be required prior to final plat
submittal.
30. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments
to their facilities or easements are required.
31. Clarify that "architectural features" encroach beyond the west right of way line of NE Miami Court.
32. Provide verification from an arborist that the tree information is accurate.
33. Provide information for the existing underground storm sewer system including pipe invert, pipe size,
pipe material and direction.
34. Provide a letter from the Director of Public Works approving the postponement of dedication of the 25
foot corner radius on the Southeast corner of the tentative plat.
35. Existing utilities located within the street to be closed and vacated must be relocated or easements
provided.
36. The Plat and Street Committee has reviewed the tentative plat of Tierra Acres subdivision and
determined that all technical requirements contained in the Miami City Code Subdivision Regulations
have met and has approved the tentative plat. The members of the Plat and Street Committee have
further considered the request for vacation and closure of the street with respect to Miami City Code
requirements and have voted to recommend 4 in favor and 2 in denial of this vacation and closure
request.
In addition to the above requirements, you should be aware of the following:
1. State and local laws require the installation of various physical improvements in the public rights -
of -way when property is platted. These subdivision improvements include paving, drainage,
landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your
part.
REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to
the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the
preparation and enhance the ACCURACY of the subdivision improvement letter required for the
final plat approval.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric,
telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility
easements may be required on the property being platted.
TIERRA ACRES — TENTATIVE PLAT #1858
January 21, 2015
Page 3 of 3
3. A building permit will not be issued on the property being platted until the final plat is recorded or
as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of
Occupancy for any building construction will be issued only after all the required subdivision
improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the
issuance of a building permit.
5. In order to mitigate problems associated with access and construction activities throughout the
neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents,
in writing, of the project starting and completion dates at the time of issuance of permits. The
contractor/developer may coordinate the notification of residents with the local City of Miami NET
Service Center.
6. Additional items must be provided to the City of Miami Department of Public Works before the
final plat is submitted to the City Commission for approval. You will be notified in writing as to
what these items are after the amount of the bond has been determined for the necessary subdivision
improvements.
7. Tentative plat approval is only valid for one (1) year and six (6) months from the date of the Plat
and Street Committee meeting at which time it was approved.
If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate
person to contact.
Sin •erely,-
) Santamaria, P.E., CGC
Direct() of Public Works
ES/L7H kc
�f2fi
Enclosure: Contact Sheet
C: Schwebke-Shiskin & Associates
3240 Corporate Way
Miramar, FL 33025
Iris V. Escarra
Greenberg Traurig, P.A.
333 SE 2 Avenue
Miami, FL 33131
Plat and Street Committee Members
Alice N. Bravo, P.E., Deputy City Manager/ Chief of Infrastructure
Survey
Development and Roadway Plans
Central
VACATION AND CLOSURE PPLICATION
PLANNING AND ZONING DEPARTMENT, HEARI&436AliDS SEC -ION
444 SW 2nd Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 305 4 .6v2.030
www.miamiqov.com/hearinq boards
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working
days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm.
The application submittal date is the date stamped by Hearing Boards' staff on this page.
The responses to this application must be typed and signed in black ink. All pertinent and
accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the
time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the
information contained in the application and all supporting materials. Should you wish, you
could bring the materials to our office for review prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8'/2x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 07-2013 1
VACATION AND CLOSURE[APPLICATION
Please refer to Chapter 55 of the Miami City Code for Vaca ira. and Closure information. n
1. Applicant(s): Iris Escarra, Esquire on behalf of 29 NE 11 Street, LLC
2. Description of area: See attached Exhibit "A"
3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8'/2x11" prepared by a State of Florida
registered land surveyor.
4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8'/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 8'/x11" sketch of survey in #3 above can be labeled, "Exhibit A".
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. The subject property(ies) cannot have any open code enforcement/lien violations.
16. What is the acreage of the project/property site? 0.986 acres
17. What is the purpose of this application/nature of proposed use? Approval of street closure.
Rev. 07-2013
MIA 184288531v1
2
VACATION AND CLOSURE APPLICATION
18. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning and Zoning Department on the 3rd Floor for information. no
19. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. no
20. What would be the anticipated duration of the presentation in front of the:
❑ Planning, Zoning and Appeals Board 15 mins and/or U City Commission 15 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, 09b/. 00, s6 II be paid in the form of a certified check, cashier's check, or money order.
Signature
Name
Iris Escarra, Esquire
Address 333 SE 2nd Avenue
Miami, Florida 33131
Telephone 305-579-0737 E-mail escarraigtlaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 44 7 day of
20 15 , by Iris Escarra
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did n t) take an oath.
(Stamp) Signature
isiul AOORI 3,a
.� �"Y�.`daSNSot^ar�n�fii;°�
Rev. 07-2013
3
VACATION AND CLOSURE APPLICATION
20 15 , by Iris Escarra
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Iris Escarra, Esquire
who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete permission for
him/her to act in his/her behalf for the change or modification of a classification or regulation of
zoning as set out in the foregoing petition, X including or 0 not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Iris Escarra, Esquire
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Appliant(s Signature
The foregoing was acknowledged before me this �7 day of
who is a(n)
individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did ne) take an oath.
(Stamp)
S
M4 SOl RODRIGUEZ
Nora • )D1,r State of Horida
.y "' s Sep 27. 2018
" 153039
Rev. 07-2013 4
who is a(n) Individual/partner/agent/corporation of
individual/partnership/corporation. He/She is p _
as identification and who did (did not)
(Stamp)
JANICE D. RIVEST
MY COMMISSION #EE182754
EXPIRES: JUN 29, 2016
Bonded through lst State Insurance
e
N E it t } L&-C a(n)
ersonall known to me or who has produced
n oath.
ature
ATION AND CLOSURE APPLICATION
DISCLOSURE OF OWNERSHIP
1. 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) 29 NE 11 Street LLC
Percentage of Ownership see attached Exhibit "B"
Subject Property Address(es) approx. 1135 N Miami Avenue, 29 NE 11 Street
See attached Exhibit "A"
2. List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply additional
lists, if necessary.
Street Address(es):
None
( ,ac 12o19,=R:rs IM414.01-6&"12-
Owner(s) or Attorney Name
Legal Description(s):
Ow er(s) or. Attorney Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 3-e4 day of
20 , by VOA( c C i a.rr
✓
AA r)1
Rcv, 07-2013
5
Exhibit "B"
29 NE 11 Street, LLC is owned by:
Michael Simkins
David Simkins
Ron Simkins
Michelle Simkins Rubel!
Albert Simkins
Justin Roberts, Trust Beneficiary
Marci Roberts
Bart Seidler, Trust Beneficiary
*Minority Ownership
*Minority Ownership
*Minority Ownership
21.700%
14.700%
11.200%
11.200%
11.200%
9.581%
6.103 %
5.000%
4.728%
4.478%
0.110%
100.000%
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
HOME ADDRESS:
CITY:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
STATE: Florida ZIP:
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
29 NE 11 Street, LLC
BUSINESS ADDRESS: P.O. Box 11191
(Address Line 1)
Miami, Florida 33101
(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.
Approval of street closure application.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES El NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. n/a
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
n/a
5. Describe what is being requested in exchange for the consideration.
n/a
ACKNOWLEDGEMENT OF COMPLIANCE
1 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 period of one year afte e
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Signature
M 1- C e-0 (CKTS 1 M C� r✓�
rint Name
Sworn to and subscribed before me this D-0-�4
day of 3 atstij. cr - , 200 6 . The foregoing
instrument was acknowledged before me by ire )2u 0, -/k S , who has produced
as identifrca ' n ancior is personally known to me and who did/did not take an oath.
STATE OF FLORIDA
ITY OFikattakivEsT
tNEKWE162754
IRS:SIRES: JUN 29. 2016
Ronded through 1st State Insurance
Enclosure(s)
f 4, 37o
Print Name
Doc. No.:86543
Page 2
OPINION OF TITLE
To: CITY OF MIAMI, FLORIDA, a municipal corporation
With the understanding that this opinion of title is furnished to CITY OF MIAMI,
FLORIDA, a municipal corporation, as an inducement for approval of the closure of that portion
of NE .11 th Terrace located between NE Miami Court and N Miami Avenue, in the City of
Miami, Florida, it is hereby certified that we have examined First American Title Insurance
Company, Commitment for Title Insurance No. 5011612-1062-3267059 (the "Title Evidence"),
which Title Evidence covers the period from the BEGINNING through November 20, 2014,
8:00a.m, inclusive, with respect to the Property described on Exhibit A attached hereto and made
a part hereof.
Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of
the opinion that on the last mentioned date, the fee simple title to the Property was vested in:
29 NE llth Street, LLC a/k/a 29 NE 11 Street, LLC, a Florida limited
liability company
Subject to the following liens, encumbrances, and other exceptions:
1. RECORDED MORTGAGES:
(a) Mortgage and Security Agreement in the original principal amount of
$10,000,000.00, executed by 29 NE l lth Street, LLC, a Florida limited liability
company in favor of Mountain Valley Mutual, LLC, a Florida limited liability
company, recorded December 20, 2012 in Official Records Book 28410, Page
1345.
2. RECORDED MECHANICS LIENS, CONTRACT LIENS AND JUDGMENTS:
(a) Claim of Lien in favor of Trebor USA Corp., recorded April 10, 2014 in Official
Records Book 29104, Page 1913.
3. GENERAL EXCEPTIONS:
(a) All taxes or assessments for the year 2015 and all subsequent years.
(b) Rights of parties in possession other than the above owner.
(c) Facts that would be disclosed by an accurate survey of the Property.
(d) Any unrecorded laborer's, mechanics' or materialmens' liens and municipal liens.
(e) Zoning and other restrictions imposed by governmental authority.
Opinion of Title
29 NE llth Street, LLC a/k/a 29 NE 11 Street, LLC
1
MIA 184304063v2
(f)
Any adverse claim to any portion of said land which has been created by artificial
means or has accreted to any such portion so created and riparian rights, if any.
4. SPECIAL EXCEPTIONS:
(a) All matters contained on the Plat of MAP OF MIAMI, as recorded in Plat Book
B, Page 41, of the Public Records of Miami -Dade County, Florida (only as to
Parcel 2A).
(b) All matters contained on the Plat of BALDWIN AND OXAR, as recorded in Plat
Book A, Page 57 and the AMENDED PLAT OF BALDWIN AND OXAR, as
recorded in Plat Book B, Page 87, both of the Public Records of Miami -Dade
County, Florida (only as to Parcel 2C).
(c) Covenants, conditions and restrictions as set forth in Declaration of Restrictions,
Neighborhood Development Area No. 3 recorded May 12, 1972 in Official
Records Book 7703, Page 796, of the Public Records of Miami -Dade County,
Florida.
(d) Covenants, conditions and restrictions as set forth in Declaration of Restrictions
Neighborhood Development Program Area 3 recorded June 5, 1973 in Official
Records Book 8316, Page 294, of the Public Records of Miami -Dade County,
Florida.
(e) Terms, covenants, conditions and provisions of that Agreement for Water and
Sanitary Sewage Facilities between Miami -Dade County and D.P. Investments
International, Inc., a Florida corporation recorded February 20, 2001 in Official
Records Book 19505, Page 4918, of the Public Records of Miami -Dade County,
Florida (only as to Parcel 2A).
(f)
Terms and conditions of that Lease Agreement dated as of February 27, 2013 by
and between 29 NE 11 Street, LLC, a Florida limited liability company and
Miami Arena Eateries, LLC, a Florida limited liability company as evidenced by
that Memorandum of Lease recorded March 7, 2013 in Official Records Book
28520, Page 3686, as affected by that Subordination, Non -Disturbance and
Attornment Agreement recorded March 7, 2013 in Official Records Book 28520,
Page 3690, both of the Public Records of Miami -Dade County, Florida (only as to
Parcel 2A).
(g) Underground Easement in favor of Florida Power & Light Company recorded
October 8, 2013 in Official Records Book 28857, Page 2411, of the Public
Records of Miami -Dade County, Florida (only as to Parcel 2A).
(h) Terms, covenants, conditions and provisions of that Agreement for Water and
Sanitary Sewage Facilities between Miami -Dade County and 29 NE 1 lth Street,
Opinion of Title
29 NE l lth Street, LLC a/k/a 29 NE 11 Street, LLC
2
MIA 184304063v2
(i)
LLC, a Florida limited liability company recorded November 15, 2013 in Official
Records Book 28912, Page 1642, of the Public Records of Miami -Dade County,
Florida.
Terms, covenants, conditions and other matters contained in that Lease
Agreement by and between 29 NE 11 Street, LLC and GR OPCP, LLC. \
(j) Assignment of Rents and Leases and Agreements Affecting Real Estate from 29
NE 1 lth Street, LLC, a Florida limited liability company to Mountain Valley
Mutual, LLC, a Florida limited liability company recorded December 20,
2012, in Official Records Book 28410, Page 1371.
(k) UCC-1 Financing Statement naming 29 NE 1 lth Street LLC as secured party
and Mountain Valley Mutual, LLC, a Florida limited liability company as
debtor, recorded December 20, 2012, in Official Records Book 28410, Page 1380.
(1) Mortgage and Security Agreement in the original principal amount of
$10,000,000.00, executed by 29 NE llth Street, LLC, a Florida limited liability
company in favor of Mountain Valley Mutual, LLC, a Florida limited liability
company, recorded December 20, 2012 in Official Records Book 28410, Page
1345
(m)
Claim of Lien in favor of Trebor USA Corp., recorded April 10, 2014 in Official
Records Book 29104, Page 1913.
All of the recording information contained herein refers to the Public Records of Miami -
Dade County, Florida.
5. REVERSIONARY RIGHTS: With respect to the reversionary rights for the right-
of-way portion of NE 11th Terrace to be closed and vacated (the "Street"), we have examined the
Florida Statutes and have determined that Section 177.085(1) of the Florida Statutes ("Statute")
reads as follows:
"When any owner of land subdivides the land and dedicates streets, other roadways,
alleys or similar strips on the map or plat, and the dedication contains a provision that the
reversionary interest in the street, roadway, alley or other similar strip is reserved unto the
dedicator or his or her heirs, successors, assigns, or legal representative, or similar language, and
thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in
the abutting street to the centerline or other appropriate boundary, unless the owner clearly
provides otherwise in the conveyance."
Based upon the presumption that all proper and appropriate steps will be or have been
taken to close the Street, the presumption that none of the deeds in the chain of title of the
abutting land contained a personal reversionary interest in the abutting streets, and further
presumption that none of the plats as described in Exhibit "A" contained a personal reversionary
interest, or required the joinder of any other parties, it is our opinion that by virtue of the
Opinion of Title
29 NE 1 lth Street, LLC a/k/a 29 NE 11 Street, LLC
3
MIA 184304063v2
conditions set forth in the Statute, the Street to be vacated will become the property of the
abutting land owners to the centerline on each side.
[signature on the following page]
Opinion of Title
29 NE l lth Street, LLC a/k/a 29 NE 11 Street, LLC
4
MIA 184304063v2
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the
State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this
OR- day of January, 2015
GREENBERG TRAURIG, P.A.
By:
Christopher-D Cast#o, Esq.
Address: 333 S.E. 2nd Ave., Suite 4400
Miami, Florida 33131
Telephone: (305) 579-0803
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this .Z V day of January, 2015 by
Christopher D. Castro, who is personally known to me and did take an oath.
MIA 184304063v2
Print Name : £cot dQ &_. "/
Notary Public, State of Florida
Commission No.
My Commission Expires:
4
bsPa N� WANDA RODRIGUEZ
Notary Public - State of Florida
c My Comm. Expires Mar 7, 2016
Commission # EE 177058
Opinion of Title
29 NE l lth Street, LLC a/k/a 29 NE 11 Street, LLC
5
Exhibit A
PARCEL 2A:
The West 50 feet of Lot 4 and all of Lots 5 and 6, Block 3-N, MAP OF MIAMI, according to the
Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County,
Florida.
PARCEL 2C:
Lots 5, 6, 7 and 8, Block 16, BALDWIN AND OXAR'S AMENDED (a replat of Block 16,
Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page 57), according to the Plat
thereof, as recorded in Plat Book B, Page 87, of the Public Records of Miami -Dade County,
Florida.
LESS that part of Lots 5 and 8, Block 16, BALDWIN AND OXAR'S AMENDED (a replat of
Block 16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page 57), according
to the Plat thereof, as recorded in Plat Book B, Page 87, of the Public Records of Miami -Dade
County, Florida, described as follows:
Begin on the East line of said Lot 5 at a point 14.26 feet North 02°12'O1" West from the
Southeast corner of said Lot 5; thence North 02°20'O1" West 5.90 feet along the East line of said
Lot 5; thence North 02°20'56" West 29.83 feet to the Northeast corner of said Lot 5; thence
Westerly 119.26 feet along the Northerly line of said Lots 5 and 8 to a point on a curve concave
Northeasterly having a radius of 1070.68 feet; thence from a tangent bearing of South 72°11'22"
East run Southeasterly 124.66 feet along said curve through a central angle of 06°40'15" to the
Point of Beginning.
Opinion of Title
29 NE 1 lth Street, LLC a/k/a 29 NE 11 Street, LLC
6
MIA 184304063v2
Exhibit B
Opinion of Title
29 NE l lth Street, LLC a/k/a 29 NE 11 Street, LLC
7
MIA 184304063v2
111111111111111111111111111111111111111111111
THIS INSTRUMENT PREPARED BY OR
UNDER THE SUPERVISION OF:
Joseph M. Hernandez, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
CFN 2012R0919191
OR Bk 28410 Fss 1342 — 1344; (3pas)
RECORDED 12/20/2012 15:52:21
DEED DOC TAX 27,000.00
SURTAX 20,250.00
HARVEY RUVIH, CLERK, OF COURT
MIAMI-DADE COUNTY, FLORIDA
WARRANTY DEED
THIS WARRANTY DEED is made and entered into as of the /Qrsiday of OC. r, , 2012 by
FINO PROPERTY & MANAGEMENT CONSULTING, LLC, a Nevada limited liability company
(the "Grantor"), whose mailing address is 1730 North East Expressway, Atlanta, GA 30329, and 29 NE
11 STREET, LLC, a Florida limited liability company (the "Grantee"), whose mailing address is c/
o Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., at 2525 Ponce de Leon Blvd., Suite 700, Coral
Gables, Florida 33134. Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the
parties to this instrument and their heirs, legal representatives and assigns.
WIT NE SSETH:
GRANTOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee, the following
described land situate and being in Miami -Dade County, Florida (the "Property"), which is also
identified by Property Appraiser's Parcel Identification No. 01-3137-031-0040:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining.
THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2012 and subsequent
years; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed
by governmental authority, including, but not limited to, all applicable building, zoning, land use and
environmental ordinances and regulations; and (c) easements, restrictions and other matters, limitations
and reservations of record, if any, but this reference shall not operate to reimpose same.
TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, successors and assigns in fee
simple forever.
GRANTOR does hereby warrants the title to the Property, and will defend the same against the
lawful claims of all persons whomsoever.
[SIGNATURE PAGE TO FOLLOW]
Book28410/Page1342 CFN#20120919191 Page 1 of 3
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year
first above written.
Signed in the presence of: GRANTQ,12:
Witness: NGa
jA
Print Name: -Dawn 5
FINO PROPERTY & MANAGEMENT
CONSULTING, LLC, a Nevada limited liability
company
By: A-r-4
Name: �R.4A4 GALA apT
Title: at a/n B
THE STA IE OF •Z-7•Q TA, )
COUNTY OF -3L17T3 )
This instrument was acknowledged before me on this /Q!N day of OC%7) (3 i f 2012 by
1T/�GX 044/1,8—ar--, as YV I Em Ba12- of FINO PROPERTY & MANAGEMENT CONSULTING,
LLC, a Nevada limited liability company, on behalf of said company, who is [J known to me or has [ ]
produced as identification.
[SEAL]
K:\DOCS\22701001\34N 1326.DOC
Notary Public, State of •�0�2 G.zfi
Print Name: _TO y 5,L o n/ G
Commission Expires:
2
5 t`U
NOTARY!='
Gil PUBUF��
S�
CUUNTI ajv\
My Commission Expires
August 28, 2016
Book28410/Page1343 CFN#20120919191 Page 2 of 3
OR BK 28410 PG 1344
LAST PAGE
EXIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
The West 50 feet of Lot 4 and all of Lots 5 and 6, Block 3, of North City of Miami,
according to the Map or Plat thereof, as recorded in Plat Book "B" at Page 41, of the
Public Records of Miami -Dade County, Florida.
PARCEL 2:
Portion of Lot 9, Block 16, BALDWIN AND OXAR'S AMENDED (a replat of Block
16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page 57), according
to the Plat thereof, as recorded in Plat Book B, page 87, of the Public Records of Miami -
Dade County, Florida, more particularly described as follows:
Begin at the Southwest corner of said Lot 9, thence North 87°48'29" East 80.97
feet along the South line of said Lot 9 to a point on a curve concave Northeasterly
having a radius of 1070.68 feet thence from a tangent bearing North 72°11'22"
West run Northwesterly 87.62 feet along said curve through a central angle of
4°41'21" to the West line of said Lot 9, thence South 2°16'52" East 31.31 feet
along the West line of said Lot 9 to the Point of Beginning.
PARCEL 3:
Lots 5, 6, 7 and 8, of Block 16, BALDWIN AND OXAR'S AMENDED (a replat of
Block 16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page 57),
according to the Plat thereof, as recorded in Plat Book B, page 87, of the Public Records
of Miami -Dade County, Florida;
Less: That part of Lots 5 and 8, Block 16, BALDWIN AND OXAR'S AMENDED (a
replat of Block 16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page
57), according to the Plat thereof, as recorded in Plat Book B, page 87, of the Public
Records of Miami -Dade County, Florida, described as follows:
Begin on the East line of said Lot 5 at a point 14.26 feet North 02°12'O1" West
from the Southeast corner of said Lot 5; thence North 02°20'01" West 5.90 feet
along the East line of said Lot 5; thence North 02°20'56" West 29.83 feet to the
Northeast corner of said Lot 5; thence Westerly 119.26 feet along the Northerly
line of said Lots 5 and 8 to a point on a curve concave Northeasterly having a
radius of 1070.68 feet; thence from a tangent bearing of South 72°11'22" East run
Southeasterly 124.66 feet along said curve through a central angle of 06°40' 15" to
the Point of Beginning.
Book28410/Page1344 CFN#20120919191 Page 3 of 3
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