Resolution 2022-32119 RESOLUTION NO. 2022-32119
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) OF THE CITY CODE, AND
THE CITY'S PUBLIC WORKS DEPARTMENT'S REVIEW AND
RECOMMENDATION TO GRANT THE REVOCABLE PERMIT REQUEST, AS
SET FORTH IN THE COMMISSION MEMORANDUM ACCOMPANYING THIS
RESOLUTION, FINDING THAT THE CRITERIA FOR GRANTING A REVOCABLE
PERMIT PURSUANT TO SECTION 82-94 OF THE CITY CODE HAS BEEN
SATISFIED,AND APPROVING A REVOCABLE PERMIT REQUEST FROM THE
OWNERS OF THE PROPERTY LOCATED AT 5985 ALTON ROAD, FOR THE
INSTALLATION OF A GENERATOR, WITHIN AN AREA MEASURING
APPROXIMATELY 21 SQUARE FEET (3' FEET BY 7'), LOCATED ON A CITY
PARCEL, HAVING APPROXIMATELY 1,200 SQUARE FEET, AT THE END OF •
WEST 60TH STREET; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE REVOCABLE PERMIT.
WHEREAS,The property owners and applicants of the property located at 5985 Alton Road
(the"Property"), are seeking approval of a revocable permit for the installation of a generator,with
pad/slab measuring approximately three(3)feet by seven(7)feet,and landscape encroaching onto
a City parcel, bearing Folio Number 02-3214-000-0020, located at the end of West 60th Street(the
"City Property"); and
WHEREAS,the Property is identified by Miami-Dade County Folio No. 02-3215-003-0730
and located on the southeast corner of the intersection of Alton Road and West 60th Street,with a
lot area that is approximately 7,450 square feet (0.17 acres) in size, and is zoned Residential -
Single Family "0101"; and
WHEREAS,the surrounding uses include single family homes to the north,west and south
and by La Gorce Country Club Golf Course to the east; 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, 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 following the public hearing; and
WHEREAS, the City's Public Works Department has analyzed the criteria contained in
Sections 82-94 of the City Code, and a summary of the Public Works Department's review and
recommendation to grant the revocable permit request is set forth in the City Commission
Memorandum accompanying this Resolution; incorporated herein by reference.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission.
following a duly noticed public hearing, as required pursuant to Section 82-93(b) of the City Code,
and the City's Public Works Department's review and recommendation to grant the revocable permit
request, as set forth in the City Commission Memorandum accompanying this Resolution, hereby
find that the criteria for granting a revocable permit pursuant to Section 82-94 of the City Code has
been satisfied, and approve a revocable permit request from the owners of the property located at
5985 Alton Road, for the installation of a generator, within an area measuring approximately 21
square feet (3' feet by 7'), located within a City parcel, having approximately 1,200 square feet,
located at the end of West 60th Street; and further authorize the City Manager to execute the
revocable permit.
PASSED and ADOPTED this a' day of 461 , 2022
ATTEST:
APR 1 2 2022
CITY CLERK MAYOR
Rp, .. ...j.....cy,
Y,:a:y�,iraa .ii
itLORi' ORATED`
:;y
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
City Attorneyk Date
Resolutions - R7 A
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 6,2022
2:20 p.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 REQ FIRED PURSUANT TO SECTION 82-93(B) OF THE
CITY CODE,AND THE CITY'S PUBLIC WORKS DEPARTMENT'S REVIEW
AND RECOMMENDATION TO GRANT THE REVOCABLE PERMIT
REQUEST, AS SET FORTH IN THE COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION, FINDING THAT THE CRITERIA
FOR GRANTING A REVOCABLE PERMIT PURSUANT TO SECTION 82-94
OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A
REVOCABLE PERMIT REQUEST FROM THE OWNERS OF THE
PROPERTY LOCATED AT 5985 ALTON ROAD, FOR THE INSTALLATION
OF A GENERATOR, WITHIN AN AREA MEASURING APPROXIMATELY 21
SQUARE FEET (3' FEET BY 7'), LOCATED ON A CITY PARCEL, HAVING
APPROXIMATELY 1,200 SQUARE FEET, AT THE END OF WEST 60TH
STREET; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE REVOCABLE PERMIT.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
The property Owners and Applicants of the property located at 5985 Alton Road (the
"Property'), are seeking approval of a revocable permit to allow the installation of a generator
with pad/slab measuring approximately three (3) feet by seven (7) feet, with landscape,
encroaching onto a City parcel, bearing Folio Number 02-3214-000-0020, located at the end of
West 60th Street(the "City Property)
The Property is identified by Miami-Dade County Folio No. 02-3215-003-0730 and located on
the southeast corner of the intersection of Alton Road and 60th Street, with a lot area of
approximately 7,450 square feet (0.17 acres) in size. The Property is zoned Residential -
Single Family"0101".
The surrounding uses include single family homes to the north, west and south and by the La
Page 1273 of 1735
Gorce Country Club Golf Course to the east.
ANALYSIS
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, the City's Public Works Department has analyzed the criteria contained in
Sections 82-94, and a summary of the City's Public Works Department review and
recommendation to grant the revocable permit is set forth herein.
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
upon the following criteria:
(1) That the Applicant's need is substantial.
The Applicants respectfully request the revocable permit in order to place a generator on City
property to serve their home, given the fact that the Applicant's Property does not
allow sufficient space in the setbacks to install the generator, in compliance with the Florida
Building Code and the City's Zoning Code. This generator is necessary for the well-being of
the family's son. The son requires an electrical machine to sleep at night and keep his breathing
and heart from periodically stopping. A battery pack does not last the length of power outages
experienced during a storm. The proposed request for the placement of the generator is
critical.
(2) That the Applicant holds title to the abutting property.
The Applicants for the revocable permit hold title to the Property, which abuts the City
Property being proposed for the location of the revocable permit area.
(3) That the proposed improvements comply with applicable codes, ordinances, regulations,
neighborhood plans and laws.
The proposed improvements will comply with applicable codes, ordinances, regulations,
neighborhood plans and laws. Additionally, they will comply with the Florida Building Code
requirements, including requirements on elevation and distance from the Property's openings of
10 feet(windows and doors).
(4) That the grant of such permit the application will have no adverse effect on
governmental/utility easements and uses on the City Property.
The Applicants and the City's Public Works Department have worked together to ensure the
proposed encroachment will allow for continued use and access to the City's utility easement
and existing sewer lines and water lines:
(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,
improved drainage, improved lighting, improved security and/or public benefits proffered by the
Applicant.
The Applicants have gone through great lengths and cost to restore an architecturally significant
Page 1274 of 1735
home designed in 1936 by Russell Pancoast, which had been neglected, and severely
deteriorated. The Applicants strongly believe that retaining this house was a public benefit to the
neighborhood and the City, as opposed to demolishing it and building a new structure, which
would have provided more yard space on the Property. The architectural contribution to the
neighborhood and City was far greater and preferred by the Planning Department and the
Design Review Board.
Additionally, the generator will be surrounded with landscape-and not visible by neighbors to the
north, west, east and others walking the neighborhood. The permit area proposed for
placement of the generator is currently maintained by the Applicants and will continue to be
maintained by the owners of,the Property, by cutting and fertilizing the existing grass and
landscape, as well as any other future landscape or hardscape which the City may install.
(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.
Granting the revocable permit will not confer any special privilege upon the Applicants, as any
property owner within the City can apply and pay for a revocable permit, provided the application
meets the criteria stated in the Code, does not interfere with the utilization of the public property,
and results in an enhancement to the neighborhood.
(7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article III (Use of Public Property) of the City Code of Ordinances, 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 adjacent properties and will not have a
detrimental effect on the public welfare. In fact, the restoration of the architecturally significant
home was favorable to the neighborhoods, community, and the City. The neighbors have
provided letters ,in support of the Applicants' request. The generator will be surrounded by
landscape, so it will not be visible by neighbors and others walking in the neighborhood.
Pursuant to the City's Public Works 'Department analysis and recommendation, as more
particularly set forth herein, the City Manager recommends approving this application for a
revocable permit.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey related to perception satisfaction of the City show that
79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to
live; and 70%were very satisfied/satisfied with the overall image of the City.
1
FINANCIAL INFORMATION
There is currently no fiscal impact related to this revocable permit. '
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Page 1275 of 1735
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
Strategic Connection
Prosperity-Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Letter of intent and Permit Application
❑ _opinion of title title insurance
❑ Sketch and Legal 5985 Alton Road
❑ Resolution
Page 1276 of 1735
5985 Alton Road
Miami Beach, Florida 33140
February 5,2022
VIA ELECTRONIC DELIVERY
f Mr.Joseph Gomez
Public Works Department
City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach, Florida 33139
Re: Revocable Permit Request for 5985 Afton Road
Dear Mr. Gomez:
("Applicant")are the owners of the
property located at 5985 Alton Road ("Property") in the City of Miami Beach
("City"). The Applicant is seeking approval of a Revocable permit,to allow for a
generator to be installed for the Property.
Property Description.The Property is located on the southeast corner of the
intersection of Alton Road and 60th Street. The Miami Dade County Property
Appraiser identifies the Property with Folio No. 02-3215-003-0730. The lot area is
approximately 7,450 square feet(0.17 acres) in size. The Property is zoned
Residential -Single Family"0101".
The surrounding uses include single family homes to the north,west and south
and by La Gorce Country Club Golf Course to the east.
1
Page 1277 of 1735
Approved Development The Property is a 1936 Russell Pancoast design and
restored in 2017 preserving the design and all architectural features. The house is
deemed to be architecturally significant by the Planning Department. The
Applicant strongly believes that retaining this house was a public benefit to the
neighborhood and the City,as opposed to demolishing it and building a new
structure.The architectural contribution to the neighborhood and City was far
greater and preferred by the Planning Department and the Design Review Board.
However, in restoring this home there were, and continue to be, constraints when
dealing with structural beams or when adding mechanical, plumbing, and
electrical systems which were nonexistent and/or substandard and not complying
with the Florida Building Code. Additionally,there are limitations on space in the
setbacks of a 1936 home meeting the zoning code requirements of that time. The
setbacks are approximately 5'on the side, 20' in the front, and 10' in the back,
including a 5' easement for the City's sewer lines. The sides, front and rear
setbacks do not allow sufficient area, nor the distance required from home
openings (windows/doors)to comply with the Florida Building Code requirement
• of 10' distance from a generator placement.These 1936 homes were built
without air conditioning systems, and as such have many windows which
provided cross ventilation.The generator placement would be close to the
Property's north boundary line and will have the required distance from the home
openings.The generator with pad/slab measures 3 feet x 7 feet. This area will
cover 1.75%of the total 1200 feet of the fee simple land. See Exhibit A, Property
Appraiser Report.
Satisfaction of the Revocable Permit Criteria. The City Code of Ordinances (the
"Code") provides that a revocable permit is required for any proposed
encroachment in the city fee simple parcel and right of way.
The area of placement is a fee simple parcel deeded to the City by La Gorce
Country Club in January 2009. This conveyance of this land was a result of a
settlement of a putative class action lawsuit by two homeowners with lots
abutting La Gorce Country Club, seeking various forms of relief including
declaration of boundary/title as to twelve (12) City street ends. These twelve
properties owned by La Gorce Country Club were being utilized by homeowners
for personal use, including but not limited to, driveways to their garages.The
twelve properties each measure 20 feet x 60 feet,and today continue to be
2
Page 1278 of 1735
enjoyed for various uses by adjacent property owners on Alton Road and La Gorce
Drive.
*The Applicant's need is substantial.
The Applicant respectfully requests the revocable permit in order to place a
generator for the home. Given the fact that the existing home does not allow
sufficient space in the setbacks to comply with the Florida Building Code and the
City's Zoning Code.This generator is a necessity for the well-being of one of the
family's son's health issues. The medical condition can be provided by his
physician, if necessary. The son requires an electrical machine to sleep at night
and keep his breathing and heart from periodically stopping. A battery pack does
not last the length of power outages experienced during a storm. The proposed
request for the placement of the generator is critical.
*The Applicant holds title to the abutting property.
The Applicant for the revocable permit holds title to the Property.
*The proposed improvements will comply with applicable codes,ordinances,
regulations,neighborhood plans and laws.
The proposed improvements will comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.Additionally, it complies with the
Florida Building Code requirements, including requirements on elevation and
distance from Property openings of 10 feet (windows and doors).
*Granting of the application will have no adverse effect on the government
utility easements and uses on the property.
The Applicant and the Public Works Department have worked together to ensure
the proposed encroachment will allow for continued use and access to the City's
utility easements and existing sewer lines and water lines.
3
Page 1279 of 1735
*Granting of the revocable permit will enhance the neighborhood and/or
community by such amenities as,for example, enhanced landscape,and public
benefits proffered by the applicant.
The Applicant has gone through great lengths and cost to restore an
architecturally significant home designed in 1936 by Russell Pancoast, which had
been neglected and severely deteriorated.Applicant strongly believes that
retaining this house was a public benefit to the neighborhood and the City, as
opposed to demolishing it and building a new structure.The architectural
contribution to the neighborhood and City was far greater and preferred by the
Planning Department and the Design Review Board.
Restoring the home is in,keeping with the Citv's Mission Statement,
"We are committed to providing excellent public service and safety to all who
live,work, and play in our vibrant,tropical, historic community."
And the City's Vision statement,
"A SAFE CITY with a mosaic of residents enjoying life in iconic and historic
NEIGHBORHOODS".
The generator will be surrounded with landscape and not visible by neighbors to
the north, west,east and others walking the neighborhood.The fee simple
property, proposed for placement of the generator, is currently maintained by the
Applicant, and will continue to maintain the fee simple-parcel by cutting and
fertilizing the grass and landscape.
*Granting the revocable permit requested will not confer on the applicant any
special privilege that is denied by the article to other owners of land,structures
or building 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 can apply and pay for a revocable
permit provided the application meets the criteria stated in the Code, does not
interfere with the utilization of the public property, and results from an
enhancement to the neighborhood.
4
Page 1280 of 1735
* Granting of 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 adjacent properties and will
not have a detrimental effect on the public welfare. In fact,the restoration of the
architecturally significant home was favorable to the neighbors, community and
the City. The neighbors have provided letters in support of the applicant's
request. See Exhibit B.The generator will be secured with a fence and landscape
to provide safety,and to not be visible by neighbors and others walking the
neighborhood. "
Conclusion. Approval of this revocable permit application is necessary to provide
the Applicant with the modern-day amenities and not punish the applicant for
restoring an architecturally significant home built in 1936 when the zoning code
for setbacks were less than required today and not allow for the required
distances for the placement of a generator to property openings.
We look forward to your review and approval of the application. Should you have
any questions, do not hesitate to contact us at 11111111111111111111*
Sincerely,
11111101111111.1114.
011.111111111111111111111111111
Enclosure ,
5
Page 1281 of 1735
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City of Miami Booth, 1700 Convention Center Drive,Miomi Beach,Florida 33139,www,miomilleachR.gvw
APPLICATION FOR REVOCABLE PERMIT
FILE NO:
DATE: A/I /acaaA
1, NAME OF APPLICANT:
2. APPLICANTS ADDRESS: i`14 !4-Lic',, t�oc d ; /N 53/i O
3. APPLICANTS BUSINESS TELEPHONE:
RESIDENCE TELEPHONE: x rr-'t. r.__ •
11
4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY:
oli ca p:Z 3�i'.E- -oo:;c3 i Ffe S ►,Pt� pure ck 4 r J
GU r-t e. Cup t �r Co V cA n d, ton rJ.L. 6 r c e)c €.r+cA cA r,ca
A L-Ve,-:1 'Road!,
5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANTS PROPERTY ABUTTING SUBJECT
CITY PROPERTY: 5'785. li oc , P cc t. F;5(40
Lc Crcrcc Goi , 1-_o4-x / P3 14 -143 ,
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: .S e e. A 4 44-,c I,c 1e-4A ,
•
Page 1 of 3
Page 1282 of 1735
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: G►e nc
LJ- ; k V-1 \cx rcd _
9. NAME OF CONTRACTOR: wee_ .6 y� a
ADDRESS: /6-9 1 . 441. I 7" f rca , T-'3 c I�ic.Io r� , Pt 33'J 3
BUSINESS TELEPHONE:
SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPUCATION(SECTION
82-92, ITEMS 1 THROUSI 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 APPUCATION BECOMES A PERMANENT
PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY.
Page 2 of 3
Page 1283 of 1735
FILE NO. _
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS:
,MIAMI BEACH,FL
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
AFFID
I OWNER AFFIDAVIT
M111.11.1111 ,being fast duly sworn,depose and say Matt arfi the owner of the
property d herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this
application and all supplemental da of the a ho est and true to the of my
knowledge and belief. i ti Mac-Sob of •
rater%1, Coat Wires _
rat,lit MS
^- laded 01100,4..10 +m. l� j _
sworn Ito and subscnbi to before me /pot nove {GI
this t H day of_Sla .20, . i , .. wo.,w,:.ca.�+s ► 1 p
' ': "°`om`combac a NOTARY PUBLIC
I 4�. Yy Coma E+4^in:et tt.1D2S '
'endeNP•w"'�"e""ask 1011 i Commission Expires: 2 - l G 2bLS
eM****.............,.,_•____• *iron.*
CORPORATION AFFIDAVIT
I, ,being duty sworn,depose and say that we are
the PresidenWice 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.
PRESIDENTS 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
1, ,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 1284 of 1735
THE ALHADEFF LAW GROUP, P.L.
Phone: 786.618.9703 11900 Biscayne Blvd.
Fix: 786.350.1826 Stec 289
_,ra1!: ma rkeaiha:leef9aw•.cc 1 North Miami. Ft 33181
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of 'itle:s furnished to theCity of Miami Beach, as
inducement for acceptance of a permit to in. .all a home generator(the'Permit`), covering the
real property, hereinafter described (the Property",)it is hereby certified that I have examined a
complete Abstract of Title, No. 10233786, pr_ipared by Chicago Title Insurance Company.
covering the period from June 17, 1930 to the 12th day of January, 2022 at the hour of 8:00 a.m.
inclusive, of the following property more particularly described in the Quit Claim Deed, dated
recorded April 10. 2019 in Official Records Eock 31397. at Page 4799, of the Public Records of
Miami-Dade County, Florida, attached hereto as Exhibit`A":
lam of the opinion that on the last mentioned date,the fee simple title to the above-described
real property was vested in:
Subject tc the following encumbrances, liens and other exceptions (If"none" please indicate):
1. RECORDED MORTGAGES:
None
2.RECORDED CONSTRUCTION LI1NS, CONTRACT LIENS AND JUDGMENTS:
None
3. GENERAL EXCEPTIONS: •
I. All taxes for the year in which this opinion is rendered.
2. Facts that would be disclosed upon accurate survey.
3. Any unrecorded labor, mechanics or material men's liens.
4. Zoning and other restrictions imposed by governmental authority.
4. SPECIAL EXCEPTIONS:
1)Order recorded 01106,2014 in Official Records Gook 28976. Page 4922.
2) Easement Agreement recorded 11/06/2020 in Official Records Book 32187, Page 245.
Page 1285 of 1735
3) Right of Way Monurnentation Map recorded 01/21/2021 in Map Book 154, Page 57.
[signatures appear on following page]
2
Page 1286 of 1735
I HEREBY CERTIFY that I have reviewed all the encumbrances and exceptions and that
none of them hinder or affect the recording or enforcement of the Permit.
Therefore, it is my opinion that the following pa:ty(ies) must join in the agreement in order
to make the Covenant a valid and binding covenant on the lands described herein:
N/A
1 HEREBY CERTIFY that the legal description contained in this Opinion of Trtle
coincides with,and is the same as,the legal description in the proffered, recordable agreement.
I, the undersigned,further certify that I am an attorney-at-law duly admitted to practice
in the State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this 13t'day of February, 2022.
Mark Alhadeff,
Florida Bar No. 73485
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me, by means of (>4,physical
presence or( )online notarization.Witness my signature and official seal this 1t�-
+ day of February, 2022, in the County and
State aforesaid. 4,4441/4_,,a4_, i<&
Notary Public-State of Florida
My Commission Expires: k-Auta L (-1
r)
*..
...Notary Public•Sate oFora
October
Print Name
•
YOLANDAK.ATfONid
Commission s HH 5261
F. c MCommission ESPe
Sy 08 2024
3
Page 1287 of 1735
Exhibit`A"
Lot 1, Block 5, Lagorce-Golf Subdivision, according to the map or plat
thereof, as recorded in Plat Book 14, Page(s) 43, of the Public Records
of Miami-Dade County, Florida.
4
Page 1288 of 1735
Chicago Title Insurance Compai
•
PROPERTY INFORMATION REPORT
Order No.: 10233786
Customer Reference Number 2022-4004
Addressee:
The Alhadeff Law Group, PL
11900 Biscayne Blvd., Suite 289
North Miami, FL 33181
786-618-9703
786-350-1826
Chicago Title Insurance Company has caused to be made a search of the Public Records of Miami-
Dade County, Florida, ("Public Records"), from 05/16/2013, through 01/12/2022 8:00 AM, as to the
following described real property lying and being in the aforesaid County,to-wit:
Lot 1, Block 5, Lagorce-Golf Subdivision, according to the map or plat thereof, as recorded
in Plat Book 14, Page(s)43,of the Public Records of Miami-Dade County, Florida.
As of the effective date of this Report, the apparent record Fee Simple title owner(s) to the above-
described real property is/are:
by virtue of Quit Claim Deed
recorded 04/10/2019 In Official Records Book 31397, Page 4799.
The following liens against the said real property recorded in the aforesaid Public Records have been
found:
No open liens or mortgages found against subject property.
Additional Documents:
1) Order recorded 01/06/2014 in Official Records Book 28976, Page 4922.
2) easement Agreement recorded 11/06/2020 in Official Records Book 32187, Page 245.
3) Right of Way Monumentation Map recorded 01/21/2021 in Map Book 154, Page 57. •
Note: property appraiser and taxes not included with report as private and not viewable.
Public Records shall be defined herein as those records currently established under the Florida
Statutes for the purpose of Imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to
insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents
of any such documents been examined for references to other liens or encumbrances. This Report is
not to be construed as an opinion, warranty, or guarantee of title, or as a title insurance policy; and
Its effective date shall be the date above specified through which the Public Records were searched.
This Report is being provided for the.use and benefit of the Addressee(s)only, and it may not be used
or relied upon by any other party.This Report may not be used by a Chicago Title Insurance Company
agent for the purpose of issuing a Chicago Title Insurance Company title Insurance commitment or
policy.
Property Information Report Page 1 of 2
Page 1289 of 1735 •
Order No.: 10233786
Customer Reference Number 2022-4004
This Report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum !lability of
the issuer of this property information report for errors or omissions in this property information
report is limited to the amount paid for this property information report, and is further limited to the
person(s) expressly identified by name in the property information report as the recipient(s) of the
property information report.
Chicago Title Insurance ompany
Larry Wins rry.Winslow@fnf.com
•
•
Property Information Reoort Page 2 of 2
Page 1290 of 1735
SKETCH OF LEGAL DESCRIPTION OF A REVOCABLE PERMIT
A PORT/ON OF 20.0'X 60.0'EASEMENT
OFF/C/AL RECORDS BOOK26795 PAGE 4127 THRU 4129
LEGAL DESCRIPTION-
AN ZOO FOOT REVOCABLEPERM/TBE/NG A PORT/ON OFA 20.0 FOOT W/DEBY60.0 FOOT LONG
EASEMENT ACROSS THE R/GHTOF WAY OF WEST Seth STREET AS DESCR/BED/NOFF/C/AL
RECORDS BOOK26795,,PAGES 4127 THRU4129, THE CENTER OF EASEMENT BEING MORE
PART/CULARL YDESCR/BED AS FOLLOWS'
COMMENCE AT THE MOST EASTERLYOF THE NORTHEAST CORNERS OF LOT 1,BLOCKS OF
LAGORCE-GOLFSUBD/V/S/ON ACCORD/NG TO THE PLAT THEREOF AS RECORDED/N PLAT BOOK 14,
PAGE 43 OF THE PURL/C RECORDS OF M/AM/-DADE COUNTY,• THENCE SOUTH 42°1154"EAST ON
TJ/ENORTHEASTERL YL/NEOFSA/D LOT 1 BLOCK5,ALSO BE/NG THE WESTERL YL/NE OF WEST
Both STREET,A D/STANCE OF8582FEET,• THENCE NORTH 47'4806'EAST,AD/STANCEOF25.00
FEET TO THE POINT OFBEGINN/NG OFA700 FOOT AIDE EASEMENT,'THENCE CONT/NUENORTH
47°4806"EAST,A DISTANCE OF 3.00 FEET TO THE PO/NTOF TERM/NATION.
L Y/NG AND BE/NG INSECT/ON 15, TOWNSH/P53,RANGE42,C/TYOFM/AM/BEACH,M/AM-DADE
•COUNTY,FLORIDA.
ti
S/DEL/NES TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE PO/NTS AND TO TERM/NATEAT
THE POINT OF TERM/NA T/ON.
AREA CONTAINING 21.0 SOUARE FEET MORE ORLESS
•
I THIS SURVEY MAP OR THE COPIES
T//EREOFARE NOT VALID WITHOUT THE
Surveyor's Cet1/1k41e I SIGNATURE AND THE ORIGINAL RAISED
LEGEND SEAL OFA FLORIDA LICENSED SURVEYOR
/hereby certify that the attached"SKETCH AND LEGAL"was O.R.B. =OFFICIAL RECORD BOOK AND MAPPER. pEDRO L _
prepared in accordance with Chapter 5/-17,as set forth by RS PLAT BOOK MARTINEZ y-
The Florida Boarda/Surveycrs and Mappers,pursuant to PC =PAS ~�i
`
Section 472.02Z Florida Statutes. RiW =RIGHT OFWAY PEDROL.MART/NEZP.S.,H.
{ =CENTERLINE REGISTERED SURVEYOR AND MAPPER
#5443STATEOFFLORIDA.
• LEGAL DESCRIPTION TO ACCOMPANY SKETCH
� MARTINEZ ANDMARTINEZ, /NC. DATE:02-182022 DRAW:JKB
\: BUSINESS LICENSE A7701 REV.: CHECK'P.L.M.
WEB SITE:WMV.MARTINEZANDMART/NEZCOM
E-MAIL:PLSPSM[OGMA/LOOM ZOO REVOCABLE PERM/T
TELEPHONE MOBILE A.'7864774ER
7179 WEST 130 AVENUEH/ALEAH,, FLORIDA 33014 SHEET 1 OF 2
Page 1291 of 1735
SKETCH OF LEGAL DESCR/PT/ON OF A REVOCABLE PERMIT
A PORT/ON OF20 0'X60.0'EASEMENT
OFF/C/AL RECORDS BOOK 26795 PAGE 4127 THRU4129
GRAPH/C SCALE j
3o 0 30 60
h , N=54901 L723
- �` E=942335599 : __i (INFEST)
\-...,
ROAD
AL TON � � -PO/NT OF COMMENCEMENT
_ MOST EASTERLYOFTHE
_•
— ! NORTHEAST CORNERS
�— ' OF LOT 1,BLOCK
. \ 1
Ij
{ r=092 20 48' LAGORC E GO L
FSUBDIVISION
N=54B3595
y,b j
• 1.(b =32.24' E=942361.082
1 o R=20.00'
I� /-NORTHEASTERLY LINE OFLOT 1-BLOCK
A-00200341 1 LAGORCE-GOLF SUBDIVISION ALSO BEING
L=4352' ! TI/E WESTERLY L/NE OF WEST 60th STREET
T
iI24W0iI4
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- ,_
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•
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s 1.
1 I k.
1 I LAGORCE-GOLFSUBD/IOSION ; I - f I
LOT 1,BLOCKS,
/� (PLAT BOOK 14, PAGE 14) Z.
i< 4-14.1
546�323 E
j I (/) i C LAGORGE-GOLFSUBD/✓/S/ON
125.00' S42°1154 E e ! LOTS,BLOCKS,
} 88.82' O (PLAT BOOK 14, PAGE 14)
1 *C0
� Q
o't
PO/NTOF• L °
BEGINNING N (3107 (30.07
LOT 2,BLOCK S, N=9428B92 -PO/NTOF
/PLATB017Kf4, PAGE 14f1 E=9424?9260 0 • TERM/NAT/ON
Ip307 N.54BS9/9S5
A=002 48571' I 1; ~I LL E.942447482 •
L=54.84' r I c= " 01
R=111500' . •, , ks( p' 1` C/TYPARCEC
i N47°4806E `�iJ1 k! • 200'X600'EASEMENT
t "ems i OFFICIAL RECORD BOOK26765
2500' ! ' j I PAGES 4127 THRU4129
_-j-_..- —� — ,— — -
- — — j C_ENTERL/NEI
J .. . _.____IUTILITY EASEMENT
25.D'ALLEYPER N47 4806E OFFICIAL RECORDS BOOK6B1
PLAT BOOK 14,,PAGE43 3.00' !PAGE>29
N_548882.079 — — ``
E=942453147
SURVEYOR/SNOTES.-
1.NOT FULL AND COMPLETE WITHOUT ALL SHEETS.
2.BEARINGSARE ASSUMEDAND BASED ON NORTHEASTERLY
LINE OFLOTI,BLOCKS,PLAT BOOK 14,PAGE 43.
3.THIS IS NOT A BOUNDARY SURVEY.
4 STATE PLANE COORDINATES ARE RELATIVE TONG.S.
I
G.P.S.MONUMENTS.STATION DES/GNAT/ON'PELICAN' THIS SURVEY MAP OR THE COP/ES
NORTHING=650,937.96 NS FEE);EAST/NG=929,92749(U..S..FEET/ THEREOF ARENDT"VALID WITHOUT THE
5 CERTIFIED TO CITY OFMIAM/BEACH. SIGNATURE AND THE ORIGINAL RAISED
LEGEND SEAL OFA FLORIDA LICENSED SURVEYOR
SU/veyo/S 0e/1/kale O R.B. =OFFICIAL RECORD BOOK 'AND MAPPER. PEDRO L
/hereby certiy that the attached SEETCH AND LEGAL"was P.B. =PLATBOOK I MARTINEZ c�;`- .-
prepared in accordance with Chapters/-17,as set forth by PG. -PAGE j PEDRO L.MARTINEZP.SM
The Florida Board o/Surveyors and&tappers,pursuant to RAN .RIGHT OFWAY ' REGISTERED SURVEYOR AND MAPPER
Section 472027,Florida Statutes. CENTERLINE "S444 STATE OFFLORIDA.
SKETCH TO ACCOMPANY LEGAL
I
\���-�r MART/NEZANDMART/NEZ, INC. DATE:02-18-2022 DRAWJKB
BC/S/NESSLICENSE47702 REV: CHECK P.L.M.
WEB SITE:WY14E/IARTINEZANOMARTINEZCOM
/e E-MAIL.-PCSPS4I1GMA/L.COM 700 FOOT REVOCABLE
S TELEPHONE MOBILE A"766-2 77485r PERMIT
V 7179 WEST 13/h AVENUE HIALEAH, FLORIDA 33014 SHEET 2 OF 2
Page tzar of 1 1 JO