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.
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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
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* : No.5443 : *
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= 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
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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'
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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
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Lot 17, Block 61 I Z
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D=48°32'54" (
Arc Length=21.18'
• Chord.20.56'
CH=S24°16'27'W
N21°05'45"E ^asement
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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
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_ 1 _ N90°00'00"W -,,,'2-t4,--, "` ",,�,, NORTH SHORE DRIVE
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* : 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