Loading...
Resolution 2020-31270 RESOLUTION NO. 2020-31270 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA FOR GRANTING REVOCABLE PERMITS PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING AN AFTER- THE-FACT REVOCABLE PERMIT IN FAVOR OF THE APPLICANTS, SAMUEL MEYER GROSSMAN AND CLAUDIA GROSSMAN, THE OWNERS OF THE RESIDENTIAL PROPERTY LOCATED AT 501 NORTH SHORE DRIVE (THE "PROPERTY"), TO RETAIN AN 8-INCH THICK CONCRETE DECORATIVE WALL,A PORTION OF WHICH WALL ENCROACHES FIVE (5) FEET INTO THE ADJACENT PUBLIC RIGHT-OF-WAY. WHEREAS, Samuel Meyer Grossman and Claudia Grossman (the Applicants) are the owners of a residence located at 501 North Shore Drive, and are requesting an after-the-fact revocable permit to maintain an existing five (5) foot concrete decorative wall, including foundations, that encroaches five feet into the adjacent public right-of-way; and WHEREAS, the decorative wall is located on Vardon Street and North Shore Drive and was built around a mature Canary Island Date Palm, in accordance with building plans submitted to the City on January 7, 2019; and WHEREAS, the Applicants applied for a building permit on March 26, 2014, for a concrete wall surrounding their property; Master Permit B1402997 was issued on June 15, 2015; and WHEREAS, on January 7, 2019, the Applicants applied for a permit revision RV1908497 (to the Master Permit B1402997) to alter a portion of the concrete wall to build it around an existing Canary Island Date Palm tree, in order to preserve the tree; the permit revision was approved and issued on January 7, 2019; and WHEREAS, the Owners, who desire to retain the aforestated encroachment, submitted a request for an after-the-fact revocable permit, and have completed the application requirements for same pursuant to Article III, Division 2, Sections 82-91 through 82-95 of the City Code; and WHEREAS, pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area, at least 15 days prior to the public hearing; and WHEREAS, the Public Works Department has reviewed the permit request in accordance with the criteria contained in Sections 82-94, and has concluded that the request meets the criteria (as set forth in the accompanying Commission memorandum); and WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall review the after-the-fact revocable permit request and determine the request shall be granted or denied following the public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, following a duly noticed public hearing to hear public comment on same, and having considered the City Administration's recommendation and the criteria for granting revocable permits pursuant to Section 82-94 of the Miami Beach City Code, the Mayor and City Commission hereby grant an after-the-fact revocable permit in favor of the applicants, Samuel Meyer Grossman and Claudia Grossman, the owners of the residential property located at 501 North Shore Drive (the "Property"), to retain an 8-inch thick concrete decorative wall, a portion of which encroaches five (5)feet into the public right-of-way. PASSED and ADOPTED this 43 day of P7g;47 , 2020. DAN GELBER, MAYOR ATTEST: RAFAEL E. GRA ADO, CITY CLERK ;g�P'., r..&d,„ t: I , TIE.CORP.ORATED 9 .H 2.^c6- APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorney Date Resolutions - R7 D MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 13, 2020 9:55 a.m. Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A REVOCABLE PERMIT REQUEST BY SAMUEL MEYER GROSSMAN AND CLAUDIA GROSSMAN (THE "APPLICANT") FOR THE PROPERTY LOCATED AT 501 NORTH SHORE DRIVE (THE "PROPERTY") TO ALLOW THE INSTALLATION OF A 8-INCH THICK CONCRETE DECORATIVE WALL AROUND AN EXISTING TREE, WHICH WALL SHALL ENCROACH 5-FOOT INTO THE PUBLIC RIGHT-OF-WAY TOTALING 61.3 SQUARE FEET; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY Samuel Meyer Grossman and Claudia Grossman (the Applicant) are requesting a revocable permit for the installation of a 5-foot concrete decorative wall including foundations located on Vardon Street and North Shore Drive in City's public right-of-way to avoid damage to a 70-year- old specimen Canary Island Date Palm. The property, which is identified by Miami-Dade Tax Folio 02-3203-007-2800, is located on the northwest corner of Vardon Street and North Shore Drive. Pursuant to permit revision RV1908497 to Master Permit B1402997, the property was approved to install a 5-foot concrete stucco finish wall 8-inches thick. Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94. Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based Page 712 of 865 upon the following criteria: • The Applicant's need is substantial. The applicant respectfully requests the revocable permit in order to provide security and consistency with the rest of the property. In order to complete the perimeter of the wall, the wall has to enclose the tree to protect and preserve the roots and structural integrity of the tree. • The Applicant holds title to an abutting property. The Owner is jointly the Applicant for the revocable permit and holds title to the Property. • The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The proposed wall will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the Building Permit approval. The Applicant has requested a revocable permit to ensure that the encroachment complies with the applicable regulations. • The grant of the application will have no adverse effect on govemmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the property with the approved design and use. There are no existing easements in the section where the wall encroaches into the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses of the property. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the use of the Property as approved by the Building Permit. Additionally, the Applicant is providing enhanced landscaping and protection to the Canary Island Date Palm. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a Page 713 of 865 detrimental effect onthe public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood. The surrounding properties will not be affected by this revocable permit. ANALYSIS Results from the 2019 Resident Survey show that 71% of residents voted they would like to see more trees in their neighborhood. In order to continue maintaining excellent standards in this area, the City intends to allow the installation of a 8-inch thick concrete decorative wall. CONCLUSION The Administration recommends approving the Resolution. Applicable Area Middle Beach Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works ATTACHMENTS: Description ❑ Revocable Permit Package-4 ❑ Legal Description and Sketch ❑ Legal Opinion of Title n DRAFT reso Page 714 of 865 i City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PUBLIC WORKS DEPARMTENT Tel: 305-673-7080, Fax:305-673-7028 FILE NO: DATE: 1. NAME OF APPLICANT: Samuel and Claudia Grossman 2. APPLICANT'S ADDRESS: 501 North Shore Drive, Miami Beach, FL 33141 3. APPLICANT'S BUSINESS TELEPHONE: 305-467-5557 RESIDENCE TELEPHONE: - same as above 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: - See attached exhibit from surveyor with sketch and legal description of the subject City property. 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT CITY PROPERTY: - Lot 18 in Block 61 of Normandy Golf Course Subdivision according to the plat thereof, as recorded in the Plat Book 44, page 62 of the Public Records of Miami-Dade County, FL 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES NO X_ IF SO, WHEN: FILE NO. OF PREVIOUS REQUEST: 7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: - Applicant kindly requests a revocable permit for a 5-foot concrete wall including foundations, that was installed in City property to avoid a 70 year old specimen Canary Island Date Palm that is partially in both City and the applicants property. The legal description of the City's property is approximately 4-feet from the wall so that the foundation of the wall is included. Page 1 of 3 Page 715 of 865 8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES X NO IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: - a 5 -foot concrete stucco finish wall 8-inches thick. See attached pictures 9. NAME OF CONTRACTOR: Alexis Lopez ADDRESS: 1950 West 70th Street, Hialeah, FL 33014 BUSINESS TELEPHONE: - 305-467-5557 SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION (SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY PROPERTY.. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES. ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY. Page 2 of 3 Page 716 of 865 FILE NO. THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 501 North Shore Drive ,MIAMI BEACH,FL. 33141 INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, ALSO, IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST, COMPLETE THE LAST AFFIDAVIT. OWNER AFFIDAVIT I, Claudia Grossman, being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application and all supplemental data attached to and made a part of the application are honest and true to the best of my knowledge and belief. SIGNATURE Sworn to and subscribed to before me this day of , 20 NOTARY PUBLIC Commission Expires: CORPORATION AFFIDAVIT I, ,being duly sworn,depose and say that we are the President/Vice President,and Secretary/Asst. Secretary of the aforesaid corporation,and as such,have been authorized by the corporation to file this application for public hearing; that all answers to the questions in said application and all supplemental data attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner of the property described herein and which is the subject matter of the proposed hearing. PRESIDENT'S SIGNATURE (CORP. SEAL) ATTEST: SECRETARY'S SIGNATURE Sworn to and subscribed to before me this day of , 20 NOTARY PUBLIC Commission Expires: ****************************************************************************************************************************************** OWNER/POWER OF ATTORNEY AFFIDAVIT I, ,being duly sworn,depose and say that I am owner of the described real property and that I am aware of the nature and effect of the request for this revocable permit, relative to my property,which is hereby made by me or I am hereby authorized to be my legal representative before the City Commission. OWNER'S SIGNATURE Sworn to and subscribed to before me this day of , 20 NOTARY PUBLIC Commission Expires: Page 717 of 865 Page 3 of 3 ARTICLE III.—USE OF PUBLIC PROPERTY DIVISION 2.-REVOCABLE PERMIT Sec. 82-91. -Definitions. The following words, terms and phrases,when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Property or city property means any land, water(including, without limitation, the city's submerged lands), or air rights owned or maintained by the city, or in which the city holds an interest. Revocable permit means permission granted, in writing,for any use of property owned or maintained by the city, or in which the city holds an interest, by a person or entity; establishing conditions for such use; providing for revocation by the city; and establishing requirements for return of the property upon termination/revocation. (Ord.No. 93-2855, § 1(33-1), 6-30-93; Ord.No. 2018-4220, § 1, 10-17-18) Cross reference—Definitions generally, § 1-2. Sec.82-92. -Application requirements. Applicants for revocable permits shall submit the following application requirements prior to city commission consideration of the request: (1) A completed application obtained from the city's public works department. (2) A title binder or title commitment or attorney's title opinion regarding title to the city property and to the applicant's property abutting the city property, as required by the city attorney. (3) A statement explaining the reason for the applicant's request and showing the need for a revocable,permit in connection with use of the applicant's property. (4) A topographic survey by a registered surveyor showing existing conditions and a drawing done to scale depicting the city property and the improvements proposed by the applicant, and indicating the exact dimensions of the improvements and materials from which the improvements will be constructed. (5) A map of the subject area showing the city property highlighted and indicating all properties within a 375-foot radius of the property. (6) A list (on gummed labels suitable for mailing) of names and addresses of all owners of land located within 375 feet of the exterior boundary of the city property, and a list containing the legal description of land owned by each property owner of land within the 375-foot radius. (7) A certified letter stating that the ownership list map and mailing labels are a complete and accurate representation of the property and owners of land within a 375-foot radius of the city property and stating the source of the information. (8) A topographic survey of the applicant's property by a registered surveyor.. (9) A nonrefundable application fee and a mailing fee, in the amount specified in appendix A. Additionally, the applicant shall pay all costs of advertising connected with the request. For applications involving uses of city property that have occurred or are on-going at the time of application the application fee shall be as specified in appendix A. (Ord. No. 93-2855, §. 1(33-2), 6-30-93; Ord.No. 95-2980, § 1(33-2), 3-15-95; Ord. No. 2018- 4220, § 1, 10-17-18) Page 718 of 865 Sec. 82-93.- Procedures for city commission consideration of the request. (a) Upon receipt of a completed application for a revocable permit under the provisions of section 82-92 or section 82-97 (for permit applications for seawalls that encroach into the city's submerged lands by more than four feet), the city's public works department shall set a date for a public hearing on the request. (b) For public hearings on applications subject to section 82-92 and section 82-97(a)(5), the city shall provide mail notice of the public hearing, at least 15 days prior to the hearing to owners of land lying within 375 feet of the applicant's property. The notice shall indicate the date, time and place of the hearing and the nature of the request and shall invite written comments and/or participation at the hearing. (c) The public works department shall prepare the appropriate resolution granting the revocable permit for consideration by the city commission and, if the permit is approved, shall thereafter prepare and issue the proposed revocable permit. (d) The city administration shall review the request and prepare a recommendation based upon the factors set forth in section 82-94, which report shall be transmitted to the city commission prior to the public hearing on the matter. (e) At the close of the public hearing, the city commission may grant or deny the request. In so doing the commission may modify the proposed revocable permit. (f) If the.request is denied, no application may be made based upon the same request for a period of six months from the date of the denial. (g) The applicant may withdraw the request at any time prior to the public hearing. If the request is withdrawn prior to expenditure of costs for advertising and mail notice, the mailing fee and advertising costs specified in section 82-92 or section 82-97, as applicable, shall be refunded to the applicant. If a request is withdrawn or deferred at the applicant's request after the expenditure of costs for the advertising and mailed notices, these costs will not be refunded and an additional mailing fee and advertising fee shall be assessed prior to rescheduling of the hearing. When a request is deferred at the city's request, no additional fee shall be assessed. (Ord. No. 93-2855, § 1(33-3), 6-30-93; Ord.No. 2018-4220, § 1, 10-17-18) Sec. 82-94.-Criteria for granting/denying revocable permits. (a) Revocable permits shall be granted or denied based upon existence of the following criteria: (1) That the applicant's need is substantial. (2) That the applicant holds title to the abutting property. (3) That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws. (4) That the grant of such permit will have no adverse effect on governmental/utility easements and uses on the city property. (5) That the grant of the revocable permit will enhance the neighborhood and/or community with such amenities as, for example, but without limiting the foregoing, enhanced landscaping, improveddrainage, improved lighting, improved security, and/or public benefits proffered by the applicant. (6) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Page 719 of 865 (7) That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. In order to grant a revocable permit, the city commission must make an affirmative finding with respect to each of the criteria set forth above. These findings may be made by one motion addressed to all findings or, at the request of any member of the commission, a finding or findings shall be considered separately.The revocable permit application shall be considered as a whole unless any member of the city commission shall request that the application be considered in parts, in which event the application shall be considered in such parts as requested. In light of the particular circumstances involved with each separate revocable permit request, the grant of any revocable permit shall not constitute or be deemed a precedent for the grant of any other revocable permit. (b) In addition, to the criteria, in section 82-94(a), above, revocable permits for seawalls under section 82-97, shall require compliance with the following additional criteria: (1) The seawall location may not, in any circumstance, be built at a location that would interfere with navigability. Should the proposed seawall interfere with navigability of the city's property (i.e., in this case, of the canal), then the applicant will be required, at its sole cost and expense, to dredge and replace the existing seawall. (2) The city shall execute a perpetual easement in favor of the applicant, in a form reasonably acceptable to the city attorney, for as long as there is an encroachment into the city's submerged land. The easement will allow the applicant to use the city's land by filling in the submerged lands, and obtaining access to the canal. (3) The applicant shall be solely responsible for maintaining the seawall. (4) General liability coverage of not less than $1,000,000.00, is required by the applicant. It shall include the City of Miami Beach as an additional insured, and shall contain a waiver of subrogation endorsement. All of the applicant/permittee's certificates shall contain endorsements providing that written notice shall be given to the city at least 30 days prior to termination, cancellation or reduction in coverage in the policy. (5) The applicant shall indemnify and hold the city harmless for applicant's use of the city property covered by the revocable permit. (Ord.No. 93-2855, § 1(33-4), 6-30-93; Ord.No. 95-3028, § 1(33-4), 12-20-95; Ord. No. 2018- 4220, § 1, 10-17-18) Sec. 82-95. -Conditions,termination/revocation of revocable permits. (a) Each revocable permit shall state conditions for its issuance, including, but not limited to: (1) Use the permittee shall be permitted to make of the city property; (2) The nature of the improvements permitted on the city property; (3) Requirements for maintenance of the city property by the permittee; (4) Requirements for indemnification of the city by the permittee and insurance as approved by the city's risk manager, including submission annually of proof of such insurance; . (5) Requirements for condition of the city property when it is returned to the city upon termination or revocation of the revocable permit; (6) Nonassignability of the permit; (7) City and or its authorized representatives' right of entry on the city property to repair utilities within any city easement, to inspect the property to assure that it is being used and maintained in accordance with the permit, or to remove unauthorized improvements. Page 720 of 865 (b) As a further condition of holding a revocable permit,the permittee shall pay an annual permit fee, as specified in appendix A. The fee shall be due on October 1 of each year and shall be prorated on a monthly basis for permits granted at other times during a permit year. The fee shall be collected by the public works department or by such other department as may be designated by the city manager. Notice of the amount due and instructions for payment shall be provided to permittees at least 60 days prior to October 1 of each year. The permit fee shall be applicable to existing and future permits. If the permit is revoked or otherwise terminated prior to expiration of the year for which the annual permit fee was paid, a prorated portion of the fee will be refunded to the permittee. (c) Unless otherwise stated in the revocable permit, the permit shall terminate after the expiration of 20 years, unless surrendered or revoked at an earlier date. (d) All revocable permits shall be revocable at the sole discretion of the city commission, which revocation may be without cause and for convenience, upon ten days' prior written notice to the permittee. (e) The public works department, or other department as may be designated by the city manager, shall notify permittee of any violations of the permit. Any violations remaining uncorrected after ten days from receipt of such notice shall be reported to the city manager and the city commission. (f) Revocation shall be by resolution of the city commission. No public hearing shall be required; however, the permittee shall be heard upon request prior to a commission vote on the resolution. (g) When a revocable permit is granted, the permittee shall be responsible solely for recording the permit in the public records of the Miami-Dade County and shall provide a copy of the recorded permit to the city clerk and the city's public works department within 30 days of the city commission's decision to grant the permit. Failure of the permittee to record a permit shall be cause for immediate revocation of the permit. (Ord.No. 93-2855, § 1(33-5), 6-30-93; Ord. No. 95-3022, § 1(33-5), 12-6-95; Ord. No. 2018- 4220, § 1, 10-17-18) Page 721 of 865 APPENDIX - FEE SCHEDULE FEE SCHEDULE Pursuant to section 1-15 of this Code, this appendix includes all fees and charges • established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's website. Annual Adjustment Section of Description Amount(Sales tax or (References shown this Code other taxes may apply) are defined at the end of this Appendix A) Division 2. Revocable Permit 82-92(9) Application fee 1,029.00 [A] Mailing fee, per address within 375 0.52 [B] feet of subject property Involving use of city property 3,087.00 [A] Page 722 of 865 I EXHIBIT "A" 501 NORTH SHORE DRIVE FL 33141 NORMANDY GOLF COURSE SUB FOLIO No . 02-3203-007-2800 EASEMENT SURVEYORS NOTES: 1.This is not a Boundary Survey. 2. Bearings shown hereon are assumed and are based on the Center line of SW 107 AVENUE. being N90°00'00"W 3. This is not a valid certification without the signature and the original raised seal of Florida Licensed Surveyor and Mapper. 4. This page is not valid without sheets 2 and 3. 5. Additions or deletions to legal &sketch by others without the consent of the signing party is prohibited. 6. Minimum vertical clearance: 25 feet. • 7. This Easement strip forms a closed Geometric Figure. 8. The seal appearing on this document was authorized by Pedro Luis Martinez LS#5443. 9. This legal description and sketch is certified to the City of Miami Beach. 10. The legal description and sketch is not full and complete without all sheets. LEGEND 1. P.O.B denotes Point of Beginning 2.P.O.0 denotes Point of Commencement. 3. P.O.T.denotes Point of Termination, 4.O.R.B.denotes Official Records Book 5. RNV denotes Right of Way 6.P/L Property Line SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY:that the LEGAL DESCRIPTION AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL DESCRIPTION AND SKETCH meet the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.050-5J-17.52, Florida Administrative Code pursuant to Section 572.027, Florida Statutes and that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Boundary Survey. 1111111111111 rr,, ,, tvtS MqR�,, * : No.5443 : * *' : w _ 4-20-2020 O • STATE OF - Q For the Hrm: DATE LP k P• -• Q` PROFESSIONAL O VEYOR AND MAPPER %O•• '`QR.. ' •• LB-7702 P.S.M.No.5443-STATE OF FLORIDA �Q S U Rv�,�O�\." 7179 WEST 13'"Avenue HIALEAH,FLORIDA 33157 rrri(It 111111`\ E•MAILPhone:Jsp r)g'rnaI 1c This page is not valid without page 2 and 3 plsps C19 all.com JOB No S-2066 I DRAWN DATE:4-16-2020 1 REVISION No1: 1 CHECKED:P.M. SCALE:AS NOTED NORMANDY GOLF COURSE SUB. IN-SITE OF Project number: RIGHT OF WAY EASEMENT MENT OF WALL (P.B. 44 Pg 62) Lot 18 Block 61 501 North Miami Beach Florida 33141 Shea l of Page 723 of 865 LEGAL DESCRIPTION OF WALL.EASEMENT An Easement located on a portion of Right-of-Way of N. Shore Drive and Vardon Street and to the Easterly and Southerly sides respectively of Lot 18, Block 61, " NORMANDY GOLF COURSE SUBDIVISION ", according to the plat thereof, recorded in Plat Book 44, Page 62, Public Records, Miami-Dade County, Florida, being more particularly described as follows: COMMENCE at the Southwest.corner of the above mentioned Lot 18, thence N90°00'00"E for 44.91 feet along the southerly line of said Lot 18, to a point of curvature of a tangent circular curve, concave to the Northwest; thence continue Northeasterly along the arc of said circular curve to the left, having a central angle of 41°27'06" and a radius of 25.00 feet to the POINT OF BEGINNING of said lot 18, thence run Northeasterly along the arc of said circular curve to the left, having a central angle of 152°41'12" and a radius of 7.63 feet an arc distance of 20.33' feet to a non-tangent point with the next described course; thence N00°00'00"E for 6.56 feet along the Easterly line of said Lot 18, also being the Westerly Right-of-Way line of the above mentioned Vardon Street; thence along the said Easterly line of Lot 18 to a point of curvature of a circular curve, concave to the Northwest with a radial bearing of N90°00'00"W; thence run Southwesterly along the arc of said circular curve to the right having a central angle of 48°32'54" and a radius of 25 feet for an arc distance of 21.18 feet to a point of tangency Southerly line of said Lot 18, also being the Northerly Right-of-Way of the above mentioned N. Shore Street to the POINT OF BEGINNING. Containing: 61.3 Square Feet `\,1111rfirirJrrrj/ ‘..UtS 11� * : No.5443 : * * : w _ . Firm: = 4-20-2020 _ ForFiDATE •, STATE OF •• •, the PEDRO•RTINEZ s�•••�`�O R1OP,• PROFESSIONAL S 'VEYOR AND MAPPER • LB-7702 P.S.M.No.5443-STATE OF FLORIDA ON •••.••• O \s' 7179 WEST 13'Avenue HIALEAH,FLORIDA 33157 i`/r�tSURye' 1\`` • Phone:(786)277-4851 om E- PI psrn@9 JOB No S-2066 ]DRAWN DATE:4-16-2020 1 REVISION Not: l CHECKED:P.M. SCALE: AS NOTED NORMANDY GOLF COURSE SUB. IN-SITE OF Project number: OF WALL RIGHT 4 4P9 62) EASEMENT �Y�Y !Ld Lot 18 Block 61 501 North Miami Beach Florida 33141 sn°°t 2 ora Page 724 of 865 I - I -- -\ N GRAPHIC SCALE 25.00' ,o 20 I IlN E 50.0'Total R 1 o L I I 1-STORY CBS GOLF I I (IN FEET) NORMANDY GOLF COURSE SUB 1 INCH=20FEET Plat Book 44,Page 62 Lot 18, Block 61 II 1 I I i' I I /I 'SI g of o o o O I J L O 1-STORY CBS a 5: I O Ct4 Res:515 e NORMANDY GOLF COURSE SUB o I Plat Book 44,Page 62 I Lot 17, Block 61 I Z I 0 I q 1ig I 25.00' I N90°00'00'W. 50.0'Total RPV 1 '" ' ° N00000E 6.56 I R=25' D=48°32'54" ( Arc Length=21.18' • Chord.20.56' CH=S24°16'27'W N21°05'45"E ^asement I r R=7.63' I Right ofLine P.O.C. I — D=152°41'12° 9 Way N90°00'00°E 44.91' — — — O Ng00'00-E — —4� P.O.B. ArcLength=20.33' A R=25.00.-/ Chord.14.82' D=41°27.06" CH=N34°45'09"E Arc Length=18.09' Chord.17.69' I „ 0 CH=N69°16'27"E N (-)j0 0 Ul _ 1 _ N90°00'00"W -,,,'2-t4,--, "` ",,�,, NORTH SHORE DRIVE - 4, •Y�CENs,--•�y�N.i * : No.5443 * w _= 4-20-2020 — o • • D- For the Firm: DATE m •• STATE OF • PEDRO •RTINEZ S •••�4 P PROFESSIONAL S t''VEYOR AND MAPPER i '•. O R��•'• 4r LB-7702 P.S.M.No.5443-STATE OF FLORIDA -;.:,,,:r04, i��ti,9 ••°"°•• �Q``ss�\ 7179 WEST 13'"Avenue HIALEAH,FLORIDA 33157 ',i,r f, , H I 't) \'''\s\ ` E-MAIL:plsDsmPhone: l@gm 277-4851 JOB No S-2066 I DRAWN DATE:4-16-2020 I REVISION Not: I CHECKED:P.M. SCALE: 1"-20' NORMANDY GOLF COURSE SUB. IN-SITE OF Project number: RIGHT OF WAY EASEMENT OF WALL (P.B. 44 Pg 62) 501 North Miami Beach Florida 33141 Lot 18 Block 61 Sheet 3 of3 / Page 725 of 865 fi � Green & Kahn, P.L. Attorneys At Law&Title Services Marvin M.Green Esq.(1926-2000) T(305)865-4311 Donald J.Kahn,Esq. F(305)865-9688 David J.Kahn,Esq. www.GKMiamilaw.com April 16, 2020 OPINION OF TITLE To:CITY OF MIAMI BEACH,a political subdivision of the State of Florida. • With the understanding that this original opinion of Title is furnished to City of Miami Beach, as an inducement for execution of an agreement covering the real property hereinafter described or for acceptance of a warranty deed,easement,covenant or unity of title,as applicable,it is hereby certified that I (we) have examined the complete Abstract of Title and Title Policy Number OF6-8160652, issued by Old Republic National Title Insurance Company,dated November 4th,2013 and the following:Abstract Title,covering the period from the BEGINNING November 4th,2013 to March 31st 2020 at 11:00 pm inclusive,of the following described real property: (Legal description as it appears in agreement or legal document) Lot 18, Block 61, Normandy Golf Course Subdivision, according to the plat thereof as recorded in Plat Book 44,, Page(s)62, Public Records of Miami-Dade County,Florida. Basing my(our)opinion on said complete abstract or title policy covering said period I(we)am(are)of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in:Samuel Meyer Grossman and Claudia Grossman,both individuals. Subject to the following liens,encumbrances and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered,unless noted below that such taxes have been paid. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor,mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority SPECIAL EXEPTIONS 0 No special exceptions exist 181 Special exceptions(indicate details on separate sheet) 1,the undersigned,further certify that I am an attorney-at-law duly admitted to practice law in the State of Florida,and am a member in good standing of the Florida Bar. Respe• ully submitted this day of April,2020 Donal/; m.a , Esq. Green & Kahn, P.L. - � Firm Name • /-L 317-71 Street, Miami Beach, Fl 33141 Signa e Address 1 - .53: 305-865-4311 Florida Bar Number Phone Number PROBATE-ESTATE PLANNING-BUSINESS AND CORPORATE LAW-CRIMINAL AND CIVIL LITIGATION-REAL ESTATE CLOSING AND TITLE INSURANCE 317 71st Street,Miami Beach,FL 33141 Page 726 of 865 Green & Kahn, P.L. Attorneys At Law&Title Services Marvin M.Green Esq.(1926-2000) T(305)865-4311 Donald J.Kahn,Esq. F(305)865-9688 David J.Kahn,Esq. www.GKMiamilaw.com Special Exceptions 1. General or special taxes and assessments required to be paid in the year 2013 and subsequent years. 2. Rights or claims of parties in possession not recorded in the Public Records. • 3. Any encroachment, encumbrance,violation,variation or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land: 4. Easements or claims of easements not recorded in the Public Records. 5. Any lien,or right to a lien,for services,labor or material furnished,imposed by law and not recorded in the Public Records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured hereunder, including submerged,filled and artificially exposed lands,and lands accreted to such lands. 7. Riparian and littoral rights are not insured. 8. Those portions of the property herein described being artificially filled in land in what was formerly navigable waters,are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 9. The rights,if any,of the public to use as a public beach or recreation area any part of the land lying or formerly lying between the body of water abutting the subject property and the natural line of vegetation, bluff,extreme high-water line or other apparent boundary lines separating the publicly used area from the upland private area, as it may have existed prior to the construction,if any,of sea wall or bulkhead thereon. 10. All matters contained on the Plat of Normandy Golf Course Subdivision,as recorded in Plat Book 44,Page 62, Public Records of Miami-Dade County,Florida. 11. Easements granted to City of Miami Beach for underground storm sewers recorded in Deed Book 1889, Page 313, and Deed Book 1913,Page 13, Public Records of Miami-Dade County, Florida. 12. Rights of the lessees under unrecorded leases. 13. NOTE:Taxes for the year 2012 which have been paid under receipt number 20121204-GC-0004824,on December 4,2012,Folio Number 02-3203-007-2800,the gross amount being$9,055.72. 14. This policy does not insure against loss or damage by reason of the following exceptions: 15. Any rights,easements,interests or claims which may exist by reason of,or reflected by,the following facts shown on the survey prepared by Miguel Espinosa Land Surveying,Inc.,dated 08-01-2013, bearing Job#A-41420: 16. a.Wood dock encroaches easement along North lot line. 17. Mortgage in the sum of$500,000.00 from Samuel Grossman and Claudia M.Grossman, husband and wife to Bank of America,N.A.dated 10/31/2013 and recorded 11/4/2013 in Official Records Book 28895, Page 2719,as Document No. 20130873202 of the Public Records of Miami-Dade County,Florida. PROBATE-ESTATE PLANNING-BUSINESS AND CORPORATE LAW-CRIMINAL AND CIVIL LITIGATION-REAL ESTATE CLOSING AND TITLE INSURANCE 317-71st Street,Miami Beach,FL 33141 Page 727 of 865 m `T Green & Kahn, P.L. Attorneys At Law&Title Services Marvin M.Green Esq.(1926-2000) T(305)865-4311 Donald J.Kahn,Esq. F(305)865-9688 David 3.Kahn,Esq. www.GKMiamilaw.com 18. Mortgage in the sum of$695,000.00 from Samuel Grossman and Claudia M.Grossman, husband and wife to Bank of America, N.A. dated 10/31/2013 and recorded 11/4/2013 in Official Records Book 28895, Page 2736, as Document No. 20130873203 of the Public Records of Miami-Dade County, Florida. 19. Declaration of Restrictive Covenant recorded under Official Records Book 31407, Page 2591, as Document No. 2019R0237801 of the Public Records of Miami-Dade County, Florida. 20. Claim of Lien recorded under Official Records Book 31456, Page 2680, as of the Public Records of Miami-Dade County, Florida. 21. Claim of Lien recorded under Official Records Book 31591, Page 476, as of the Public Records of Miami-Dade County. 22. Satisfaction of Construction Lien under Official Records Book 31628, Page 861, as Document No. 20190611551 of the Public Records of Miami-Dade County, Florida. PROBATE-ESTATE PLANNING-BUSINESS AND CORPORATE LAW-CRIMINAL AND CIVIL LITIGATION-REAL ESTATE CLOSING AND TITLE INSURANCE 317 71st Street,Miami Beach,FL 33141 Page 728 of 865