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97-001 RESOLUTION NO. R97-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING THE VACATION AND ABANDONMENT OF THE NORTHERNMOST EIGHT FEET OF RIGHT-OF-WAY ON N.E. 207TH STREET PROM N.E. 30TH AVENUE EAST FOR APPROXIMATELY 1784 FEET AND THE EASTERNMOST TEN FEET OF RIGHT-OF-WAY ON N.E. 30TH AVENUE FROM N.E. 207TH STREET NORTH FOR APPROXIMATELY 926 FEET, UPON PETITION OF TRAFALGAR ASSOCIATES OF AVENTURA, LTD., A FLORIDA LIMITED PARTNERSHIP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Aventura has been petitioned (the "Petition") to vacate and abandon that portion of the northernmost eight feet of right-of-way of N.E. 207th Street from N.E. 30th Avenue East for approximately 1784 feet and the easternmost 10 feet of right-of-way on N.E. 30th Avenue from N.E. 207th Street North for approximately 926 feet, and legally described as follows: That portion of N.E. 30th Avenue right-of-way and that portion of N.E. 207th Street right- of-way as described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Petitioner, Trafalgar Associates of Aventura, Ltd., a Florida limited partnership (the"Petitioner") has agreed to abide by each and every of the conditions set forth in Section 2 of this Resolution; and WHEREAS, the City Council of the City of Aventura, Florida deems it advisable and in the best interest of the City to vacate and abandon the above described portions of the right-of-way of N.E. 30th Avenue and N.E. 207th Street; and WHEREAS, the City Council has held a public hearing on March 4, 1997, and having determined that no county, state or federal highways are involved or affected, and having determined that vacation and abandonment will not be detrimental to the public health, safety and welfare, and that the above described portions of the right-of-way of N.E. 30th Avenue and N.E. 207th Street are not needed by the City or the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section 1. That certain portion of the right-of-way of N.E. 30th Avenue and that certain portion of the right-of-way of N.E. 207th Street as described above, is hereby vacated, abandoned, discontinued and closed, and all rights of the City and the public in and to the same are hereby renounced and disclaimed, subject to the conditions stated in Section 2 of this Resolution. Section 2. That the vacation and abandonment provided for in Section 1 of this Resolution is subject to compliance by the Petitioner and its successors and assigns with each of the following conditions: A. Landscaping be provided by Petitioner as specified in Sheets L-5 of 10 and Sheet L-6 of 10 of those certain plans dated November 20, 1995, entitled "AVENTURA LAKES LAG NO. 2549". Such plans are on file in the Office of the City Clerk of City. B. Petitioner shall comply with those certain letters of understanding submitted by Petitioner to City, in connection with the Petition. Such letters are from Petitioner's legal counsel, Bercow & Radell, to the City Manager, dated August 2, September 10, September 11, 1996, and January 30, 1997, and are on file in the Office of the City Clerk of City. C. Petitioner shall design, construct and install landscaping improvements along the remaining right-of-way of 207th Street, adjoining the vacated portion, in accordance with the Conceptual Landscaping Plan for the area as adopted by the City, as filed of record in the Office of the City Clerk. Section 3. That the official maps of the City of Aventura shall be amended in accordance with the action taken herein. 4th day c£ ~darch~ 1~97. ~ PASSED AND ADOPTED this ~ ART UR Ii~. SNYDER, % MAYO~ TERESA M. SMITH, CMC CITY CLERK APPROVED S TO LEGAL SLIFFICIENCY: CITY ATTORNEY FILED IN THE OFFICE OF THE CITY CLERK, CITY OF AVENTURA, FLORIDA, THIS ~_ DAY OF ~C , 1997. 'i'~'.~ESA M. SMITH, CMC CITY CLERK 328001 \ RESOLUTI \ PROPERTY. A02 - 3 - LAW OFFICES BERCOW ~ RADELL ~ PROFESSIONAl ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 3313 I JEFFREY BERCOW BEN d. FERNANDEZ daNA K. McDONAlD TELEPHONE (305) 374-5300 MICHAEL E. RADELL DIRECT LINE: (305) 377-6230 FAX (305) 377-6222 January 30, 1997 VIA FACSIMILE Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: FPL Transmission Line Utility Easement ~g ~ Property Located at NE 30th Avenue at_~entu~ Dear Mr. Soroka: This law firm represents Trafalgar Associates, the owners of Aventura Lakes. In order to relocate FPL's transmission line in this area, FPL requires an easement over the eastern 10 feet of NE 30t~ Avenue as shown on the attached sketch and legal description. Because this property is presently the subject of an application to vacate this portion of NE 30'h Avenue, FPL will not proceed with this project unless its right to use this property is assured by way of a recorded instrument other than the road right-of-way dedication. Further, FPL requires easements for all transmission lines such as this. Based on the foregoing, we request that you include an item on the February City Council agenda which would authorize the City Manager to execute a transmission line easement in favor of FPL for the property described herein. Because Dade County does not require public advertisement for this variety of administrative authorization, we understand that advertised notice is not required in the City of Aventura. It is urgent that this matter be addressed and resolved at this meeting so that this transmission line relocation project will not be delayed. R£CEIVED jAN 3 OFFIC£ OF Cl'~ MANAGER Mr. Eric M. Soroka January 30, 1997 Page 2 Please call me if you have any questions regarding the foregoing. We trust that this matter will be scheduled as a consem agenda item for the City Council's meeting on Tuesday, February 4~. MR:cg Enclosures cc: Jaye Epstein Ray Cacicedo, Sr. Gus Hemandez David Ettman Jeffrey Bercow, Esq. BI[RCOW ~- RADm='LI.- LAW OFFICES BERCOW ~ RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 550 E~O0 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 JEFFREY BERCOW BEN J. FERNANDEZ UANA K. McDONALD (305) 377-6220 TELEPHONE (305) 374-5300 MICHAEL E. RADEll DIRECt UNE: FAX (305) 377~B2 September 11, 1996 VIA TELECOPIER AND HAND DELIVERY · Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: Substantial Compliance Determination for Aventura Lakes Dear Eric: In connection with our September 10, 1996 letter on the captioned matter, we wish to answer the questions you raised regarding two matters addressed in that matter. Street Lighting Improvements. Trafalgar will install the street lighting improvements, as described in paragraph 3 of the September 10, 1996 letter, in the median of N.E. 207 Street between N.E. 30th and N.E. 34th Avenues, at the time of completion of the Aventura Lakes N.E. 207 Street entrance. Such completion is presently · anticipated to occur in September of 1997. This extended lead time is necessary in order to accommodate relocation of Florida Power & Light's easement and facilities. Park Impact Fees. If the City of Aventura adopts a park impact fee ordinance, Trafalgar will pay park impact fees in accordance with such ordinance~ instead of the voluntary payment referenced in paragraph 5 of the September 10, 1996 letter. RECEIVED SEP 1996 OFFIL. L JF I'HE CITY, MANAG£R Mr. Eric Soroka Page 2 September 11, 1996 We hope that this letter satisfactorily answers the questions that you have raised. Should you have any questions, please do not hesitate to give me a call. JB :lm Enclosure cc: Mr. Ramon Cacicedo, Sr. Mr. Gus Hemandez Louis Campanile, P.E. Mr. David Ettman Mr. Jaye Epstein BERCOW ~, EADELL LAW OFFICES BERCOW ~. RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 SO(> SOUTH BISCAYNE BOULEVARD MIAMI, FLORtDA 33131 JEFFREY 8ERCOW BEN J. FERNANDEZ JANA K. McDONALD TELEPHONE (305) 374-5300 MICHAEL E. RADELL DIRECT LINE: (305) 377-6220 F~ (305) 377-6;~22 · September 10, 1996 VIA TELECOPIER AND BY HAND Mr. Eric Soroka RECEIVED City Manager and SEP 1 0 1996 Mr. Jaye Epstein OFFICE ot: THE Community Development Director CITY MANAGER City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: Substantial Compliance Determination for Aventura Lakes Dear Eric and Jaye: On behalf of Trafalgar Associates of Aventura, Ltd., we appreciate the time that both of you spent with us last week· We hope that our presentation of the Aventura Lakes Project was helpful and instructive to you. We certainly welcomed the opportunity to meet with you and receive your comments and input on the project. As we discussed with you at the meeting, we submitted to Metropolitan Dade County the application for a substantial compliance determination relating t.o the Aventura Lakes site plan, as provided for in the most recent draft of the proposed Interlocal Agreement between Aventura and Dade County. Dade County approved the site plan for Aventura Lakes entitled "Aventura Lakes Site Development Plan for Trafalgar Associates of Aventura, Ltd." dated August 14, 1996, prepared by CCL Consultants and consisting of five (5) pages, as being in substantial compliance with the site plan approved at public hearing. However, staffat the Department of Planning, Development and Regulation asked us to speak to the City of Aventura regarding this matter in order to gain its informal concurrence. Accordingly, we presented the · Mr. Eric Soroka and Mr. Jaye Epstein Page 2 September 10, 1996 substantial compliance plan to you and you indicated that you had several concerns regarding Aventura Lakes. We address each of your concerns below. 1. Florida Power & Light Company Easements. As you indicated, the survey for the Aventura Lakes property indicates a transmission line easement in favor of Florida Power & Light Company roughly bisecting the property in a north to south manner, and located in an area proposed for residential development. At the meeting we shared with you a proposed easement relocation agreement with Florida Power & Light Company, executed by Trafalgar Associates of Aventura, Ltd. and awaiting signature by an FP&L representative. T'nis easement relocation agreement will be fully executed and in effect prior to final plat approval for the Aventura Lakes property. 2. Landscape Plan. You reviewed the landscape plan for Aventura Lakes, · and indicated a concern regarding an apparent discrepancy between the landscape plan and paragraph 15 of the Declaration of Restrictions proffered by Trafalgar Associates of Aventura, Ltd. to the Board of County Commissioners, and recorded in Official Records Book 17128 at Page 521 of the Public Records of Dade County. We will submit to you a revised landscape plan which is consistent of the requirements of paragraph 15 of the Declaration, by deleting prohibited exotic species such as carrotwood, or Surinam cherry. As we discussed at the meeting, the restriction of "only native plant species" was intended to apply only to the mitigation area provided adjacent to the conservation area. 3. Lighting Improvements. Consistent with our prior representations to Aventura neighborhood associations, Trafalgar intends to install street lighting within the median of N.E. 207 Street· Traflagar presently is finalizing an agreement with Coscan, the developer of The Waterways, addressing a number of issues including Coscan's financial participation in the cost of these capital improvements. Trafalgar will prepare a lighting plan for N.E. 207 Street and submit it to the Community Development Department for review in approximately ninety (90) days. 4. N.E. 213 Street Construction. This letter serves to confirm our representation that Trafalgar, along with the developer of the adjacent Aventura · Commons project, will construct N.E. 213 Street in accordance with the requirements set forth in paragraph 5 of the above referenced Declaration and all applicable Dade C-ounty Zoning Resolutions. 5. Park Impact Fees. At the time of issuance of building permit for each unit, Traflagar will pay a park impact fee to the City of Aventura that will be equivalent to the park impact fee that Metropolitan Dade County would have charged for such unit. We hope that this letter satisfactorily addresses all of the issues raised during our meeting. If so, we would appreciate it if you would type the attached form BERCOW ~, RADELL PROFESSIONAL ASSOCIATION Mr. Eric Soroka and Mr. Jaye Epstein Page 3 September 10, 1996 letter on City of Aventura stationery, execute it, and return it to us with the August 14, 1996 Aventura Lakes site plan previously furnished to you. We will send someone to pick up these documents and provide you with a replacement set of the same plans. On behalf of Trafalgar Associates of Aventura Ltd., we look forward to working with you on a mutually successful project. JB:lm Enclosure cc: Mr. Ramon Cacicedo, Sr. Mr. Gus Hemandez Louis Campanile, P.E. Mr. David Ettman BERCOW ~, RADELL LAW OFFICES BERCOW ~ RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 BOO SOUTH BISCAYNE BOUleVARD MIAMI, FLOR)DA 3313i JEFFREY Bercow BEN J. FERNANDE~ JANa K. McDONAlD TELEPHONE (305) 374-5300 M~CHAEL E. RADELL DIRECt LINE: (]05) 377-6235 F~ (305) 377-6=B2 August 2, 1996 VIA HAND DELIVERY Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: Aventura Lakes Residential Development Dear Mr. Soroka: As discussed at our meeting with Mr. Ramon Cacicedo and Mr. Jaye Epstein, the Dade County Board of County Commissioners approved the Aventura Lakes residential development as a Planned Area Development (PAD), on February 8, 1996. We are attaching as Exhibit A, a copy of the site plan, landscape site plan, and floor plans for the Aventura Lakes PAD. We are also enclosing a copy of Resolution Z-29-96 and the Declaration of Restrictions which was accepted by the County Commission as part of the public hearing approval for this project. Pursuant to Section 33-284.24, of the Dade County Code (Exhibit B), the PAD district is designed, among other things, to create a living environment that is responsive to the needs of its residents, to encourage innovative approaches to the de, sign of community environments, to provide flexibility in planning, design and development, to adapt the zoning process to changes in construction and development technology, and to provide a variety of different housing types within a development. In order to ensure that a proposed PAD, such as Aventura Lakes, meets these design goals, the site plan must receive the review and approval described in Section 33-284.26 of the County Code (see Exhibit B). The Aventura Lakes site plan has in fact received such review and approval. We believe that after you review the enclosed plans, you will agree that Aventura Lakes will be a benefit for the area. Mr. Eric M. Soroka August 2, 1996 Page 2 As the Aventura Lakes site plan indicates, Trafalgar intends to construct an entrance feature within the northerly 8 feet of the NE 207th Street right-of-way between NE BOth Avenue and NE 34th Avenue, and within the easterly 10 feet of the NE 30th Avenue right- of-way, from NE 207th Street for approximately 926 feet. This entrance feature will consist of a CBS wall with pilasters and lighting features, wrought iron fences, and landscaping. In order to proceed with the development of this entrance feature, Trafalgar has petitioned Dade County to vacate a portion of the NE 207"' Street and NE BOth Avenue right-of-ways, near Biscayne Boulevard. After reviewing the petition, the Dade County Public Works Department has now cleared the roadway vacation for approval by the Aventura City Council. A copy of the petition and the County Manager's Memorandum concerning the petition is enclosed herewith (Exhibit C). In addition, at the request of the Public Works Department, Trafalgar has consulted with Coscan Florida, Inc., the developer of the Waterways project, in order to obtain Coscan's written confirmation that it has no objection to the proposed roadway vacation. Pursuant to previously recorded covenants, which are also enclosed (Exhibit D), Coscan is required to install and maintain landscaping and irrigation within the road right-of-way of NE 207th Street. However, upon approval of the proposed roadway vacation, Trafalgar intends to assume responsibility for installing and maintaining landscaping and irrigation on the north side of NE 207th Street between NE 30th Avenue and NE 34th Avenue. Trafalgar has also agreed to install street lighting for NE 207th Street between NE BOth Avenue and NE 34th Avenue. Trafalgar intends to install double cobra head light fixtures, similar to those presently existing on Country Club Drive, in the median of NE 207th Street between NE 30th and 34th Avenues. We are enclosing a copy of a letter from Gus Hernandez of Trafalgar to the Joint Council of Aventura which indicates Trafalgar's intent to provide such lighting (Exhibit E). Last, Trafalgar is requesting approval of a revision to T-19192, the approved tentative plat for the property. Mr. Russell Kelly at the County Public Works Department has agreed to continue processing the tentative plat application, but, in order to do so, he has asked for a request in writing from the City of Aventura. We have enclosed a copy of the previously approved tentative plat (Exhibit F) and we will be providing you with a copy of the revised tentative plat in the near future. " BERCOW ~ RADELL PROFESSIONAL ASSOCIATION Mr. Eric M. Soroka August 2, 1996 Page 3 AS we discussed, we will be contacting you mad Mr. Epstein shortly in order to schedule a convenient time for us to make a complete presentation, along with Trafalgar representatives, regarding Aventura Lakes. If you have any questions once you have had an opportunity to review the enclosed materials, please do not hesitate to contact me. We look forward to speaking with you shortly. Sincerely, Ben~eF eTand¢ z~~ BF/cg Enclosures cc: Mr. Gus Hemandez Louis Campanile, P.E. Jeffrey Bercow, Esq. BERCOW ~. P, ADELL LEGAL DESCRIPTION: The complete and accurate legal description of the road, right of way or land sought to be closed is as follows: A portion of N.E. 207~ Street and N.E. 30"' Avenue in the NE 1/4 of Section 34, Township 51 South, Range 42 East, Dade County, Florida. being more particularly described as follows: Commence at the Northeast comer of said Section 34; thence S01deg 59rain 03secE along the East line of said Section 34, for 709.14 feet; thence S88deg 00rain 57secW for 40.00 feet to its intersection with a line that is 709.41 feet South of and parallel with the North line of said Section 34; thence S01 deg 59rain 03sacE along a line that is 40.00 feet West of and parallel with the East line of said Section 34, for 1820.26 feet; thence S43deg O~min 29secW for 42.47 feet to its intersection with a line that is 75,00 feet North of an parallel with the South line of the Northeast 1/4 of Said Section 34; thence S88deg 08min 00secW along the last described I~e for 727.76 feet to the POINT OF BEGINNING of the hereinafter described parcel; thence continue S88deg 08min 00secW along the last deSC~hed line for 1791.20 feet to its intersection with the west line of the southerly portion of DONN ACRES according to the plat thereof, as recorded in Plat Book 76 at Page 30 of the Public Records of Dade County, Flodda; thence N02deg 55rain 32secW along said west line, for 917.58 feet; thence S88deg 12rain 28secW along the property line of said DONN ACRES for a distance of 10.00 feet to its intersection with a line that is 25.00 feet East of and parallel with the West line of the Northeast 1/4 of Section 34; thence S02deg 55rain 32sacE along the last described line, for 901.05 feet to a point of curvature of a circular curve; thence Southeasterly along the arc of said circular curve, concave to the Northeast, having a radius of 25.00 feet, a central angle of 88deg 56rain 28sec, for an arc distance of 38.81 feet to its intersection with a line lying 67.00 feet North of and parallel with the South line of the Northeast 1/4 of Section 34; thence N88deg 08rain 00secE, along the last described line for 1776.53 feet; thence N01deg 59min 03secW for 8.00 feet to the POINT OF BEGINNING. Said land containing 23,456 feet square feet, more or less. Ce, PABLO-DOCUMEN~96861 LG.WPD ( SKETCH AND LEGAL ONLY NOT A LAND SURVEY ) NOTES THIS DRAWING, SKETCH, PLAT OR MAP I5 FOR INFORMATIONAL PLrRPOSES ONLY ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY  PREPARED DY: I DATE: 11-12-1997 I ORDER No. S6861 FORD, ARMENTEROS & MANUCY, Inc. RE~ISION: CAD.FiLE REVISION: SCALE: 1'=120'  8000 NW. 31 st $~EET, SLII~ No. 7 [ RE'VISION: SHEET I or 5 I PHONE: (.305) 477-6472 PREPARED FOR: 'IRAFALGAR ASSOCIA1[S, LTD. LEGEND: LOCATION SK£TCH Proposed N.E. 215th Sfreef R: R^mUS (,VO? TO SCA~£) L-- ARC DI6TANCE ~ = CENTRAL ANGLE PB. = PLAT BOOK PG.= PAGE O.R.B. -- OFFICIAL RECORDS BOOK D. CoR.= DADE COUNTY RECORDS U.6.= UTIUTY EASEMENT D,E.= DRAINAGE EASEMENT P.O.T. = POINT OF TERMINUS ~--~ P.O.C. = FOINT OF COMMENCEMENT P.O.G. = POINT OF BEGINNING ,~ LM,E. = LAKE MAINTENANCE EASEMENT DM~TS OF TRACT A. P.B. (P.B. 76, PG..30. D.C.R. ~. 1000' i Center ~ ) ~ Power & L,ght ................................. / (O.R]3..3478, P, N.E. 2 I 0 ] h S t r e e t N (P.B. 76, Pg. ......... i ................................ 30, ~ :: '" ~o.oo ~oor ~c  i ~¢t~-'.." - ' WAY VACATION j i, {/ ~ ~ ' ~ SE~HEET 3 I L ~ ~ (~.~. z~. ~. ~o, O.C.R.) FORD, ARMEN1EROS & MANUCY, Inc. RE~S~ON: CAD.aLE REVISION: SCALE: 1"=120*  8000 NW. .31 st $]REET. SUITE No. 7 I RE~ISION: SHEET 2 OF 5 MIAMI, FLORIDA, 33122 I PHONE: (.305) 477-6472 PREPARED FOR: 'I~A~ALGAR ASSOCIAIES, LTD. .......... ' I ~ LlbflTS OF TRACT A, DONN ACRES ; SEE SHEET 2 T R A C T AL'M-E, .i" (P.~. 76. Pg..~o, ': ~ v- [ O.C.~. ' ..e,~c ~(TOTAL) ~0' Rood Right of Woy per t ......~_.~ (P.B. 76, Pg, 50. D,C.R.) ARI~ENiEMOS & WANUCY, Inc. RE.SION: CAD.F1LE st SmEET. SUIE No. 7m .E.s,~: so.L~: (305) 477-6472 PREPARED FOR: ~O~ ~A~ L~. L= ARC DISTANCE SCALE: (P.8. 8, pg. rs, D.C.R.) _~_~___  PREPARED ~Y: I DATE: 11-12-1997 ORDER NO.96861 FORD, ARMENIEROS & UANUCY, Inc. IREVISION: CADmFILE REVISION: SCALE: 1'=120'  8000 NW. 31 st STREET, SUlI~ No. 7 I REVISION; 4, OF 5 MIAMI, FLORIDA, 33122 ] SHEET PHONE: (305) 477-64,72 ] PREPARED FOR; 1RAFALGAR ASSOCIATES, L1D.  PREPARED BY: DATE: 11-12-1997 ORDER No.96861 FORD, ARME:NI[ROS & MANUCY, Inc. REVISION: CAO,FILE REVI~ION: SCALE: 1"=120'  8000 NW. 31 st $~REET, SUITE No, 7 ~ REVISION: SHEET 5 OF 5 MIAMI, FLORIDA, 33122 I PHONE: (305) 4-77-6472 PREPARED FOR: TRA~i~LGAR ASSOC~AT~Se L1O. 1, REP. 179 161 4 tJ UL r47 ra v w RESOLUTION NO. R97- 1 U 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING THE VACATION I'+) AND ABANDONMENT OF THE NORTHERNMOST EIGHT FEET r0 OF RIGHT-OF-WAY ON N.E. 207TH STREET FROM N.E. 30TH AVENUE EAST FOR APPROXIMATELY 1784 FEET Co AND THE EASTERNMOST TEN FEET OF RIGHT-OF-WAY U) ON N.E. 30TH AVENUE FROM N.E. 207TH STREET NORTH FOR APPROXIMATELY 926 FEET, UPON N. PETITION OF TRAFALGAR ASSOCIATES OF AVENTURA, LTD. , A FLORIDA LIMITED PARTNERSHIP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Aventura has been petitioned (the "Petition" ) to vacate and abandon that portion of the northernmost eight feet of right-of-way of N.E. 207th Street from N.E. 30th Avenue East for approximately 1784 feet and the easternmost 10 feet of right-of-way on N.E. 30th Avenue from N.E. 207th Street North for approximately 926 feet, and legally described as follows: That portion of N.E. 30th Avenue right-of-way and that portion of N.E. 207th Street right- of-way as described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Petitioner, Trafalgar Associates of Aventura, Ltd. , a Florida limited partnership (the"Petitioner" ) has agreed to abide by each and every of the conditions set forth in Section 2 of this Resolution; and WHEREAS, the City Council of the City of Aventura, Florida deems it advisable and in the best interest of the City to vacate and abandon the above described portions of the right-of-way of N.E. 30th Avenue and N.E. 207th Street; and WHEREAS, the City Council has held a public hearing on March 9.1). M7916[110403 4, 1997, and having determined that no county, state or federal highways are involved or affected, and having determined that vacation and abandonment will not be detrimental to the public health, safety and welfare, and that the above described portions of the right-of-way of N.E. 30th Avenue and N.E. 207th Street are not needed by the City or the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section 1 . That certain portion of the right-of-way of N.E. 30th Avenue and that certain portion of the right-of-way of N.E. 207th Street as described above, is hereby vacated, abandoned, discontinued and closed, and all rights of the City and the public in and to the same are hereby renounced and disclaimed, subject to the conditions stated in Section 2 of this Resolution. Section 2 . That the vacation and abandonment provided for in Section 1 of this Resolution is subject to compliance by the Petitioner and its successors and assigns with each of the following conditions : A. Landscaping be provided by Petitioner as specified in Sheets L-5 of 10 and Sheet L-6 of 10 of those certain plans dated November 20, 1995, entitled "AVENTURA LAKES LAG NO. 2549" . Such plans are on file in the Office of the City Clerk of City. B. Petitioner shall comply with those certain letters of understanding submitted by Petitioner to City, in connection with the Petition. Such letters are from Petitioner' s legal counsel, Bercow & Radell, to the City Manager, dated August 2, September 10, - 2 - r . . '1' 179I69404 September 11, 1996, and January 30, 1997, and are on file in the Office of the City Clerk of City. C. Petitioner shall design, construct and install landscaping improvements along the remaining right-of-way of 207th Street, adjoining the vacated portion, in accordance with the Conceptual Landscaping Plan for the area as adopted by the City, as filed of record in the Office of the City Clerk. Section 3 . That the official maps of the City of Aventura shall be amended in accordance with the action taken herein. PASSED AND ADOPTED this 4th day of arc 1997 . L a. /lilt1/ ARTHUR I . SNYDER, MAYO ATTEfulSTfloa: of / • I TERESA M. SMITH, CMC CITY CLERK APPROVED S TO LEGAL SUFFICIENCY: - I CITY ATTORNEY FILED IN THE OFFICE OF THE CITY CLERK, CITY OF AVENTURA, FLORIDA, THIS )_ DAY OF r,c/It(.- , 1997 . cLd u 0/ L TERESA M. SMITH, CMC CITY CLERK 328001\RESOLUTI\PROPERTY.A02 - 3 - TREPRRE1 OEWRN 7D : °ec: I 79 6U0405 ► 1 o „Wt. RESA m . m 7-ti C/0C CITY OF AVENTURA •• I GOVERNMENT CENTER * i' (� * 2999 N.E. 1 91ST STREET ��� SUITE 500 H I.��v AVENTURA, FLORIDA 33180 evG ARTHUR I. SNYDER MAYOR JEFFREY M. PERLOW VICE MAYOR COUNCIL MEMBERS CERTIFICATION ARTHUR BERGER JAY R. BESKIN KEN COHEN HARRY HOLZBERG PATRICIA ROGERS-LIBERT ERIC M. SOROKA CITY MANAGER I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF RESOLUTION NO. 97-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ON MARCH 4, 1997. DATED THIS 6TH DAY OF NOVEMBER, 1997. / T RESA M. SMITH, CMC CITY CLERK PHONE: 305-466-8900 • FAX: 305-466-8939 IT9I6PG0406 • LEGAL DESCRIPTION: The complete and accurate legal description of the road, right of way or land sought to be closed is as follows: A portion of N.E. 207"' Street and N.E. 30th Avenue in the NE 114 of Section 34, Township 51 South, Range 42 East, Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 34; thence S01 deg 59min 03secE along the East line of said Section 34, for 709.14 feet; thence S88deg 00min 57secW for 40.00 feet to its intersection with a line that is 709.41 feet South of and parallel with the North line of said Section 34; thence S01 deg 59min 03secE along a line that is 40.00 feet West of and parallel with the East line of said Section 34, for 1820.26 feet; thence S43deg 04min 29secW for 42.47 feet to its intersection with a line that is 75.00 feet North of an parallel with the South line of the Northeast 1/4 of Said Section 34; thence S88deg 08min 00secW along the last described line for 727.76 feet to the POINT OF BEGINNING of the hereinafter described parcel; thence continue S88deg 08min 00secW along the last described line for 1791.20 feet to its intersection with the west line of the southerly portion of DONN ACRES according to the plat thereof, as recorded in Plat Book 76 at Page 30 of the Public Records of Dade County, Florida; thence NO2deg 55min 32secW along said west line, for 917.58 feet; thence S88deg 12min 28secW along the property line of said DONN ACRES for a distance of 10.00 feet to its intersection with a line that is 25.00 feet East of and parallel with the West line of the Northeast 1/4 of Section 34; thence SO2deg 55min 32secE along the last described line, for 901.05 feet to a point of curvature of a circular curve; thence Southeasterly along the arc of said circular curve, concave to the Northeast, having a radius of 25.00 feet, a central angle of 88deg 56min 28sec, for an arc distance of 38.81 feet to its intersection with a line lying 67.00 feet North of and parallel with the South line of the Northeast 1/4 of Section 34; thence N88deg 08min 00secE, along the last described line for 1776.53 feet; thence N01 deg 59min 03secW for 8.00 feet to the POINT OF BEGINNING. Said land containing 23,456 feet square feet, more or less. C:IPABLO-DOCUMENT196861 LG.WPD ( SKETCH AND LEGAL ONLY NOT A LAND SURVEY) NOTES: 1. THIS DRAWING,SKETCH,PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE UNDERSIGN IS WITHOUT A WRITTEN CONSENT OF THE UNDERSIGN. 2. THIS DRAWING,SKETCH, PLAT OR MAP IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY. FORD ARMENTEROS AND MANUCY,INC.FOR EASEMENTS AND RIGHTS-OF-WAYS OF RECORD. 4. DATA SHOWN HEREON WAS COMPLETED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 5. BEARINGS WERE REVIVED FROM AN ASSUMED BEARING(N88°08'00"E) ALONG THE CENTERLINE OF N.E.2071°STREET AS SHOWN ON THE PLAT OF BISCAYNE WATERWAYS FIRST ADDITION,PLAT BOOK 126,PAGE 18 DADE COUNTY,RECORDS. h FERNANDEZ P.S.M.#5676 PRO ESSIONAL SURVEYOR AND MAPPER ■ jREGISTERED IN THE STATL OF FLORIDA : = '' 1• RJI� r�� rJ WAS TA GAJ��I� ®JN PREPARED BY: DATE: 11-12-1997 ORDER No.96861 & FORD, ARMENTEROS & MANUCY, Inc. REVISION: CAD.FILE A 8000 NW. 31 st STREET, SUITE No. 7 REVISION: SCALE: 1•=120' MIAMI, FLORIDA, 33122 REVISION: SHEET 1 OF 5 PHONE: (305) 477-6472 PREPARED FOR: TRAFALGAR ASSOCIATES, LTD. r 17916PG0407 1 _ r_c. • 1 1 I • 1 I 1 I LEGEND: LOCATION SKETCH Proposed N.E. 213th Street I R= RADIUS (NOT TO SCALE) 1 L= ARC DISTANCE W `iFi9iii0�-� 011111118117), W = CENTRAL ANGLE `��<«`�� o7i/� _ _ I PB. = PLAT BOOK Dili °.too , o PG.= PAGE z ., ��Ae v�O`� a -. W a/e«� 4, oeo a vasso , O.R.B. = OFFICIAL RECORDS BOOK W goy ' "� °sd/°e�Qy+fllllO �l�i�l�o ` 1 D.C.R.= DADE COUNTY RECORDS > has `etlPO ` !/•• 4ig fPIIa ° I U.E.= UTILITY EASEMENT I ,,,,,,41 .,„. `�� D.E.= DRAINAGE EASEMENT i Oilp "emir s0 = P.O.T. = POINT OF TERMINUS z aViiiPa aali!il... OE0llebs ~ "` P.O.C. = POINT OF COMMENCEMENT g AN 40:4 va1P 4 I P.O.B. = POINT OF BEGINNING ° c s- v - �e raj 0 1 LM.E. = LAKE MAINTENANCE EASEMENT 1'' = 0��t'v A II 101[,0 00 3g 'trip n 1 li0-p s a s0O`4m+1 A 1.; W WIT& = s ' 1 a , Or = la I Z aemit o 'alto 1 im a . 1 - I VACATED RICHT-OF-WAY N. E. 2 0 7 th S t r e e t I LIMITS OF TRACT A, P.B. T 6 APC 30, D.C.R. 76, PG. 30, D.C.R. 10.00' (P.B. g ) I 988'12'28"W I i I Center line I -------- . . Power & Light I �------------- (0.R.B. 3478, PI I N. E. 2 1 0 t h S t r e e t ' N (P.B. 76, Pg. TTTh 50 W R l `'' 1 ICI � 3 I iZ I W :.:;::�;LE p/.r :: - ?:. 2 i in I , p.a. . =Y 73.7.7.R.; i > I iii N 1 is 1 N O _ I Iii I ' % LIMITS OF TRACT A, DONN ACRES -•------------------------ I o (P.B. 76, Pg. 30, D.C.R.) I -t11,-• - -2-0-9-- 4-h- - --S-1--r-e- -e-•t---I I 11 S� .. H i% T R A C T A SCALE: 1 = 120' I 1 CS ! ° (P.B. 76, Pg. 30, D.C.R.) 1 0 :c i 0 z c'' i ° ' •-._._._._._._._ r.) I w 10.00 FOOT RIGHT-OF-Cr I 'C'G I ' WAY VACATION I T-) 1-,- Z I I IS. ''.i I 0 ��± i1 SEE SHEET 3 .�.. i I r 1 • i I I TRA C T A 1 141 P.B. 76, Pg. 30, D.C.R.) I I 1 1 I i i ommuxam a loam D a_ CtmiR.I.0 1?-,IT 11),AT IR,1 IQ 1,-11._,lir ...„,clwri„IrovA\ ‘7;xt vr, it\ Gil pi., o ix PREPARED BY: DATE: 11-12-1997 ORDER No.96861 FORD, ARUENIEROS & NANUCY, Inc. REVISION: SCALE: A & 8000 NW. 31 st STREET, SUITE No. 7 REVISION: SCALE: 1"=120' MIAMI, FLORIDA, 33122 1 REVISION: SHEET 2 OF 5 PHONE: (305) 477-6472 TRAFALGAR ASSOCIATES, LTD. . PREPARED FOR: 1 r tEr I79I60408 1 ;39. C..R^ K > HE / ------•-•— I / LIMITS OF TRACT A, DONN ACRES -t e - (P.B. 76, Pg. 30, D.C.R.) '�, �.•. o / LEGEND: c� %' 4, R= RADIUS ;; i M / T R A C T A L= ARC DISTANCE / LI = CENTRAL ANGLE • :? c� / (P.B. 76, Pg. 30, D.C.R.) ,t I / PB. = PLAT BOOK 4(;_ 1 I PG.= PAGE•�� / O.R.B. = OFFICIAL RECORDS BOc K �� I w 0 10.00 FOOT RIGHT-OF- D.C.R.= DADE COUNTY RECORDS, 5.0 2 I Z ' WAY VACATION U.E.= UTILITY EASEMENT o; I I / D.E.= DRAINAGE EASEMENT I / P.O.T. = POINT OF TERMINUS I ,;L I I P.O.C. = POINT OF COMMENCEMENT I .I. ? P.O.B. = POINT OF BEGINNING I 1 I • • SEE SHEET 2 T R A C T AL.M.E. = LAKE MAINTENAN E EAE&ENT ._—._._._. I i IN 65' R/W /Plat (P•8. 76, Pg. 30, D.C.R.) II P i W ``� _ p p N N SCALE: 1"= 120' i C ._ ! a IN°� `-7 tIl ZRPG yp c?--, zz I F �,_ () `' I I Lo • 5 p P9 OF' Ro North I!� ¢ F'_ - �- I '25 N��" 'C3 �6• ��GNZN O.R.B. 2 Rigght afo�the ;) . O lP �\p 39 p oy �S c) 4c 130' 35 % pp Fe' g 36p3P D.C.R. ,p- �P ER G.R. "' i a l_ - , COR P r)3, 0. • N W.051" 6 - iM 1 0% c0 12 X39 P�' I 8. i-13 I i�`r 0- 1791.2 0' (TOTAL) 40' Rood Right of Way per I Z I,, 588'08'00"W O.R.B. 12139, Pg. 3603, D.C.R. ■ ...0..• --------•_.._-4),L� I� ° n N88'08'00"E 1776.53' South line of N 1/2 I- - $�, _ 00 _ ��_ — Section_34-51 -42 — - .— — — D9. 0 9 00 ,n South line of DONN ACRES = N.E. L._._._. %Is ''(� L ]. '"-' (P.B. 76, P9. 30, D.C:R.�--------- ---- 1 jj�� �. G' N.E. 207 th Street Lv \1 10'L O, -0�� (n LLJ I I O� I I \d• 7:c3 5iKl JT CNHt LJU , ID E-SCAR IiP TI O I\TJ RIr HJ -Im r!l 'J `W W AJT___,JI rJ \1 PREPARED BY: DATE: 11-12-1997 ORDER No.96861 FORD, ARMENTEROS & MANUCY, Inc. REVISION: CAD.FILE SCALE: 1-=120' A & REVISION: 8000 NW. 31 st STREET, SUITE No. 7 MIAMI, FLORIDA, 33122 REVISION: SHEET 3 OF 5 PHONE: (305) 477-6472 PREPARED FOR: TRAFALGAR ASSOCIATES, LTD. I � � '". 17916u0409 '1 I I ' I I I I I LEGEND: R= RADIUS I L= ARC DISTANCE A = CENTRAL ANGL6� ! I PB. = PLAT BOOK i I PG.= PAGE ' O.R.B. ! OFFICIAL RECORDS BOOK O.C.R.= DADE COUNFY RECORDS SCALE: 1 = 120' U.E.= UTILITY EASEMENT i D.E.= DRAINAGE EASEMENT P.O.T. = POINT OF jERMINUS I P.O.C. = POINT OF COMMENCEM NT ~ POINT L.M.E. = LAKE MAINTENANCE I o ENANCE EA EMENT � I T R A C T A l- a I (P.B. 76, Pg. 30, 0.C.R.) -' 1 I West line of Lot 4, Block 7, 1 (P.8. 8, Pg. 13, D.C.R.) _ I I North line of the Road Right of Way per O.R.B. 12139, Pg. 3603, D.C.R. I I 8.00 FOOT RIGHT-OF- F WAY VACATION / I — 40' Rood Right of Way r I S88'08'00"w 17 ct I. 20' O.R.B. 12139, Pg. 3603, D.C.R. N188"08'00 E 17 76. 53' f I. • “» f\South line of DONN ACRES i I-- _ C. _ _ _ (P_8. 76, Pg. 30, D.C.R.) = N.E. 207 th Street �n South line of N 1/2 LLJ '') Section 34-51- 2 W W L:+ : A ..a. ..-.c%1. ./z COU �.h". CLUE — 2 '.✓ A 0 0 T;C,' N (/) C P.aa. _,C, 2..:.n' W In 1 S+KBE-'-I'-C�H A J f_- -OAR I E T I O; 1 1 ', RFP5YJtkV& V ] J 1 PREPARED BY: DATE: 11-12-1997 ORDER No.96861 CAD.FILE FORD, ARI�ENTEROS & I�ANUCY, Inc. REVISION: 8000 NW. 31 st STREET, SUITE No. 7 SCALE: 1"=120 & ! MIAMI, FLORIDA, 33122 I REVISION: SHEET 4 OF 5 I PHONE: (305) 477-6472 PREPARED FOR: 'TRAFALGAR ASSOCIATES, LTD. I 1 r . E EF: 179 I ENO 410 I I I I I P.O.C. I NE Corner op ,t/,s- L..->e o� Soc. 3-X 5/- 42 - Sec. 34-5/-4'2) I n I I QI O S88°oo'67i,j a cl 4o. oo' o I a k I I I I ► I LEGEND: R= RADIUS L= ARC DISTANCE A = CENTRAL ANGLE PB. = PLAT BOOK PG.= PAGE 40 O.R.B. = OFFICIAL RECORDS BOOK D.C.R.= DADE COUNTY RECORDS U.E.= UTILITY EASEMENT I D.E.= DRAINAGE EASEMENT P.O.T. = POINT OF TERMINUS N P.O.C. = POINT OF COMMENCEMENT N Q' P.O.B. = POINT OF BEGINNING L.M.E. = LAKE MAINTENANCE EASEMENT O N l N SCALE: 1"= 120' m v. I F- m o 0 Z a TRACT 8 N \ vk, J (P.B. 76, Pg. 30, D.C.R.) \ 0 WESTERLY LINE OF .fl tIl PROPOSED TRACT "H" a North line of the (CONSERVATION AREA) �l Rood Right of Woy per Z O.R.B. 12139, Pg. 3603, D.C.R. 0 Co S 4 3° OQ'Z 9"tA) 8.00 FOOT RIGHT-OF-WAY VACATION N 0 42 . 47' Pa I Q0, 588.08'00"W 17 9 I. 2 0 5 8B°08'0 0"\,,1 40' Road Right of Way per 7 2 7 76. O.R.B. 12139, Pg. 3603, D.C.R. /I/II 88'08'00. E 1-1-1 , s3' E., ° , rt.) PO f KSouth line of N-142 M Section 34_51_42 _ _ _ _ _ _ _ _ _ _ _ W South line of DONN ACRES N.E. 207 th Street (J) r ,-- - �, ,,_.-._.-.-.- ii;S..r�,7 - l- .n' & ..vv..,h CLUE! - 2 ..✓ .4,w,T,v,. ,w 1 :�.a. .. , J::. 23. v....ti.l C 'li S+T EJTCND kJ �E.. ,CN BLIMP -I �� t RIr rc rs �-�J �%l '� \1r T J J _J J� J i z PREPARED BY: DATE: 11-12-1997 ORDER No.96861 FORD, ARMENTEROS & MANUCY, Inc. REVISION: CAD.FILE A & 8000 NW. 31 st STREET, SUITE No. 7 REVISION: SCALE: 1 =120' MIAMI, FLORIDA, 33122 REVISION: SHEET 5 OF 5 PHONE: (305) 477-6472 PREPARED FOR: TRAFALGAR ASSOCIATES, LTD. l 19I 6704I I LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE 850 200 SOUTH BISCAYNE BOULEVARD JEFFREY BERCOW MIAMI,FLORIDA 33131 BEN J.FERNANDEZ JANA K. McDONALD TELEPHONE (305) 374-5300 MICHAEL E. RADELL DIRECT LINE: (305) 377-6230 FAX (305) 377-6222 January 30, 1997 VIA FACSIMILE Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: FPL Transmission Line Utility Easement Co • ning C� Property Located at NE 30th Avenue at 'entura Lakes Dear Mr. Soroka: This law firm represents Trafalgar Associates, the owners of Aventura Lakes. In order to relocate FPL's transmission line in this area, FPL requires an easement over the eastern 10 feet of NE 30th Avenue as shown on the attached sketch and legal description. Because this property is presently the subject of an application to vacate this portion of NE 30th Avenue, FPL will not proceed with this project unless its right to use this property is assured by way of a recorded instrument other than the road right-of-way dedication. Further, FPL requires easements for all transmission lines such as this. Based on the foregoing, we request that you include an item on the Febxuary 4`h City Council agenda which would authorize the City Manager to execute a transmission line easement in favor of FPL for the property described herein. Because Dade County does not require public advertisement for this variety of administrative authorization, we understand that advertised notice is not required in the City of Aventura. It is urgent that this matter be addressed and resolved at this meeting so that this transmission line relocation project will not be delayed. RECEIVED JAN ; 199-1 OFFICE OF THE CITY MANAGER Mr. Eric M. Soroka [Tc. 179 16 674 12 January 30, 1997 Page 2 Please call me if you have any questions regarding the foregoing. We trust that this matter will be scheduled as a consent agenda item for the City Council's meeting on Tuesday, February 4h. Sincerely, Michael Radell MR:cg Enclosures cc: Jaye Epstein Ray Cacicedo, Sr. Gus Hernandez David Ettman Jeffrey Bercow, Esq. BERCOW & RADELL PROFESSIONAL ASSOCIATION or RF . 916 8413 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE 850 200 SOUTH BISCAYNE BOULEVARD JEFFREY BERCOW MIAMI,FLORIDA 33131 BEN J.FERNANDEZ JANA K. McDONALD TELEPHONE (305) 374-5300 MICHAEL E.RADELL DIRECT LINE: (305) 377-6220 FAX(305) 377-6222 September 11, 1996 VIA TELECOPIER AND HAND DELIVERY . Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: Substantial Compliance Determination for Aventura Lakes Dear Eric: In connection with our September 10, 1996 letter on the captioned matter, we wish to answer the questions you raised regarding two matters addressed in that matter. Street Lighting Improvements. Trafalgar will install the street lighting improvements, as described in paragraph 3 of the September 10, 1996 letter, in the median of N.E. 207 Street between N.E. 30th and N.E. 34th Avenues, at the time of completion of the Aventura Lakes N.E. 207 Street entrance. Such completion is presently • anticipated to occur in September of 1997. This extended lead time is necessary in order to accommodate relocation of Florida Power& Light's easement and facilities. Park Impact Fees. If the City of Aventura adopts a park impact fee ordinance, Trafalgar will pay park impact fees in accordance with such ordinance instead of the voluntary payment referenced in paragraph 5 of the September 10, 1996 letter. RECEIVED SEP 1 1996 oFFIL F THE CITY MANAGER Mg r. Eric u c Soroka RECF.. 179168414 September 11, 1996 We hope that this letter satisfactorily answers the questions that you have raised. Should you have any questions, please do not hesitate to give me a call. Sini-rel, yo` . e" B•rcow JB:Im Enclosure cc: Mr. Ramon Cacicedo, Sr. Mr. Gus Hernandez Louis Campanile, P.E. Mr. David Ettman Mr. Jaye Epstein • BERCOW & RADELL PROFESSIONAL ASSOCIATION NEC. 1795104 15 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE 850 200 SOUTH BISCAYNE BOULEVARD JEFFREY BERCOW MIAMI,FLORIDA 33131 BEN J.FERNANDEZ JANA K. McDONALD TELEPHONE (305) 374-5300 MICHAEL E.RADELL DIRECT LINE: (305) 377-6220 FAX(305) 377-6222 . September 10, 1996 VIA TELECOPIER AND BY HAND Mr. Eric Soroka RECEIVED City Manager and SEP 1 01996 Mr. Jaye Epstein OFFICE OF THE Community Development Director CITY MANAGER City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: Substantial Compliance Determination for Aventura Lakes Dear Eric and Jaye: • On behalf of Trafalgar Associates of Aventura, Ltd., we appreciate the time that both of you spent with us last week. We hope that our presentation of the Aventura Lakes Proiect was helpful and instructive to you. We certainly welcomed the opportunity to meet with you and receive your comments and input on the project. As we discussed with you at the meeting, we submitted to Metropolitan Dade County the application for a substantial compliance determination relating to the Aventura Lakes site plan, as provided for in the most recent draft of the proposed Interlocal Agreement between Aventura and Dade County. Dade County approved the site plan for Aventura Lakes entitled"Aventura Lakes Site Development Plan for Trafalgar Associates of Aventura, Ltd." dated August 14, 1996, prepared by CCL Consultants and consisting of five (5) pages, as being in substantial compliance with the site plan approved at public hearing. However, staff at the Department of Planning, Development and Regulation asked us to speak to the City of Aventura regarding this matter in order to gain its informal concurrence. Accordingly, we presented the HFF: 179 16F704 16 Mr. Eric Soroka and Mr. Jaye Epstein Page 2 September 10, 1996 substantial compliance plan to you and you indicated that you had several concerns regarding Aventura Lakes. We address each of your concerns below. 1. Florida Power& Light Company Easements. As you indicated, the survey for the Aventura Lakes property indicates a transmission line easement in favor of Florida Power& Light Company roughly bisecting the property in a north to south manner, and located in an area proposed for residential development. At the meeting we shared with you a proposed easement relocation agreement with Florida Power& Light Company, executed by Trafalgar Associates of Aventura, Ltd. and awaiting signature by an FP&L representative. This easement relocation agreement will be fully executed and in effect prior to final plat approval for the Aventura Lakes property. 2. Landscape Plan. You reviewed the landscape plan for Aventura Lakes, . and indicated a concern regarding an apparent discrepancy between the landscape plan and paragraph 15 of the Declaration of Restrictions proffered by Trafalgar Associates of Aventura, Ltd. to the Board of County Commissioners, and recorded in Official Records Book 17128 at Page 521 of the Public Records of Dade County. We will submit to you a revised landscape plan which is consistent of the requirements of paragraph 15 of the Declaration, by deleting prohibited exotic species such as carrotwood, or Surinam cherry. As we discussed at the meeting, the restriction of"only native plant species"was intended to apply only to the mitigation area provided adjacent to the conservation area. 3. Lighting Improvements. Consistent with our prior representations to Aventura neighborhood associations, Trafalgar intends to install street lighting within the median of N.E. 207 Street. Traflagar presently is finalizing an agreement with Coscan, the developer of The Waterways, addressing a number of issues including Coscan's financial participation in the cost of these capital improvements. Trafalgar will prepare a lighting plan for N.E. 207 Street and submit it to the Community Development Department for review in approximately ninety (90) days. 4. N.E. 213 Street Construction. This letter serves to confirm our representation that Trafalgar, along with the developer of the adjacent Aventura • Commons project, will construct N.E. 213 Street in accordance with the requirements set forth in paragraph 5 of the above referenced Declaration and all applicable Dade County Zoning Resolutions. 5. Park Impact Fees. At the time of issuance of building permit for each unit, Traflagar will pay a park impact fee to the City of Aventura that will be equivalent to the park impact fee that Metropolitan Dade County would have charged for such unit. We hope that this letter satisfactorily addresses all of the issues raised during our meeting. If so, we would appreciate it if you would type the attached form BERCOW & RADELL PROFESSIONAL ASSOCIATION hE . 11916?GO4I 7 Mr. Eric Soroka and Mr. Jaye Epstein nu' Page 3 • September 10, 1996 letter on City of Aventura stationery, execute it, and return it to us with the August 14, 1996 Aventura Lakes site plan previously furnished to you. We will send someone to pick up these documents and provide you with a replacement set of the same plans. On behalf of Trafalgar Associates of Aventura Ltd., we look forward to working with you on a mutually successful project. 'mfere ! �u J.f' e Bercow JB:lm Enclosure cc: Mr. Ramon Cacicedo, Sr. Mr. Gus Hernandez Louis Campanile, P.E. Mr. David Ettman • BERCOW & RADELL PROFESSIONAL ASSOCIATION F�. 179 6 0418 F�Er. LAW OFFICES BERCOW be RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE 850 200 SOUTH BISCAYNE BOULEVARD JEFFREY BERCOW MIAMI,FLORIDA 33131 BEN J.FERNANDEZ JANA K. McDONALD TELEPHONE (305) 374-5300 MICHAEL E.RADELL DIRECT LINE: (305)377-6235 FAX(305) 377-6222 August 2, 1996 VIA HAND DELIVERY Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Re: Aventura Lakes Residential Development Dear Mr. Soroka: As discussed at our meeting with Mr. Ramon Cacicedo and Mr. Jaye Epstein, the Dade County Board of County Commissioners approved the Aventura Lakes residential development as a Planned Area Development (PAD), on February 8, 1996. We are attaching as Exhibit A, a copy of the site plan, landscape site plan, and floor plans for the Aventura Lakes PAD. We are also enclosing a copy of Resolution Z-29-96 and the Declaration of Restrictions which was accepted by the County Commission as part of the public hearing approval for this project. Pursuant to Section 33-284.24,of the Dade County Code (Exhibit B), the PAD district is designed , among other things, to create a living environment that is responsive to the needs of its residents, to encourage innovative approaches to the design of community environments, to provide flexibility in planning, design and development, to adapt the zoning process to changes in construction and development technology, and to provide a variety of different housing types within a development. In order to ensure that a proposed PAD, such as Aventura Lakes, meets these design goals, the site plan must receive the review and approval described in Section 33-284.26 of the County Code (see Exhibit B). The Aventura Lakes site plan has in fact received such review and approval. We believe that after you review the enclosed plans, you will agree that Aventura Lakes will be a benefit for the area. 'Mr. Eric M. Soroka HEC. I 91670419 August 2, 1996 Page 2 As the Aventura Lakes site plan indicates, Trafalgar intends to construct an entrance feature within the northerly 8 feet of the NE 207th Street right-of-way between NE 30th Avenue and NE 34th Avenue, and within the easterly 10 feet of the NE 30th Avenue right- of-way, from NE 207th Street for approximately 926 feet. This entrance feature will consist of a CBS wall with pilasters and lighting features, wrought iron fences, and landscaping. In order to proceed with the development of this entrance feature, Trafalgar has petitioned Dade County to vacate a portion of the NE 207th Street and NE 30`h Avenue right-of-ways, near Biscayne Boulevard. After reviewing the petition, the Dade County Public Works Department has now cleared the roadway vacation for approval by the Aventura City Council. A copy of the petition and the County Manager's Memorandum concerning the petition is enclosed herewith (Exhibit C). In addition, at the request of the Public Works Department, Trafalgar has consulted with Coscan Florida, Inc., the developer of the Waterways project, in order to obtain Coscan's written confirmation that it has no objection to the proposed roadway vacation. Pursuant to previously recorded covenants, which are also enclosed (Exhibit D), Coscan is required to install and maintain landscaping and irrigation within the road right-of-way of NE 207th Street. However, upon approval of the proposed roadway vacation, Trafalgar intends to assume responsibility for installing and maintaining landscaping and irrigation on the north side of NE 207th Street between NE 30th Avenue and NE 34`h Avenue. Trafalgar has also agreed to install street lighting for NE 207th Street between NE 30th Avenue and NE 34`h Avenue. Trafalgar intends to install double cobra head light fixtures, similar to those presently existing on Country Club Drive, in the median of NE 207th Street between NE 30th and 34th Avenues. We are enclosing a copy of a letter from Gus Hernandez of Trafalgar to the Joint Council of Aventura which indicates Trafalgar's intent to provide such lighting (Exhibit E). Last, Trafalgar is requesting approval of a revision to T-19192, the approved tentative plat for the property. Mr. Russell Kelly at tile County Public Works Department has agreed to continue processing the tentative plat application, but, in order to do so , he has asked for a request in writing from the City of Aventura. We have enclosed a copy of the previously approved tentative plat (Exhibit F) and we will be providing you with a copy of the revised tentative plat in the near future. BERCOW & RADELL PROFESSIONAL ASSOCIATION Mr...Eric M. Soroka VEIL 17916N0420 August 2, 1996 Page 3 As we discussed, we will be contacting you and Mr. Epstein shortly in order to schedule a convenient time for us to make a complete presentation, along with Trafalgar representatives, regarding Aventura Lakes. If you have any questions once you have had an opportunity to review the enclosed materials, please do not hesitate to contact me. We look forward to speaking with you shortly. Sincerely, /13 Ben Fernandez BF/cg Enclosures cc: Mr. Gus Hernandez Louis Campanile, P.E. Jeffrey Bercow, Esq. RECORDED IN OFFICIAL RECORDS/MK OF DADECOUNrY,FLORIDA. RECORD VERIFIED HARVEY RUVIN CLERK C!RCUWT COURT AM • BERCOW Sc RADELL PROFESSIONAL ASSOCIATION