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HomeMy Public PortalAbout1997-05-30 CIVIC ASSOCIATION EASEMENT0 0 WEISS SEROTA & HELFMAN, P.A. ROY J. BARQUET STEPHEN S. BOODEN NINA L. BONISKE DANIEL H. COULTOFF L. ROBERT ELIAS EDWARD G. GUEDES STEPHEN J. HELFMAN JILL A. JARKESY* GILBERTO PASTORIZA ELLEN N. SAUL* GAIL D. SEROTA* JOSEPH H. SEROTA DANIEL A. WEISS* RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 85d-0800 TELECOPIER (305) 854-2323 May 30, 1997 Mr. Alfred J. Treppeda Village Manager Bal Harbour Village 655 96th Street Bal Harbour, FL 33154 BROWARD OFFICE 888 EAST LAS OLAS BOULEVARD SUITE 710 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 763-1189 PALM BEACH OFFICE 1872 SOUTHWEST 17TN STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 TELECOPIER (561) 392-7551 *OF COUNSEL Re: Easement by Bal Harbour Civic Association, Inc. to Florida Power & Light Company (the "Easement") Dear Al: As requested, I have prepared the Easement in accordance with the instructions provided by Florida Power and Light Company (IIFPLII). In this regard, enclosed is the original Easement along with the DR-219 Florida Department of Revenue Return for Transfers of Interest in Florida Real Property. The Easement and Form DR-219 should be forwarded to the Civic Association for execution by the appropriate officer. I have also included the execution instructions provided by FPL. Additionally, please request that the Civic Association insert the Parcel Identification Number (tax folio) in the top left-hand corner of the Easement as well as in Section 1 of the DR-219. Please return the fully executed documents to my attention for recording. Thereafter, I will distribute the recorded Easement to the appropriate parties. Thank you in advance for your anticipated cooperation in this matter. Please call me with any questions or comments you may have regarding the foregoing. Sincerely, Stev Zelk itz SWZ/mas 027.001 Enclosures Work Order No. 116 3- 0 7-8 83 EASEMENT This Instrument Prepared By Sec.12, Twp22 S, Rge 26 E Name:Steven W. Zelkowitz, Esg4 Parcel I.D. # Co.Name:Weiss Serota & Helfman S. Bayshore Dr. 2665 _ (Maintained by County Appraiser) Address: I Suite 420 j Miami, FL 33133 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 6-5_ feet in width (the approximate location of which is shown in the sketch on Page 2 of this instrument) located within the following described property: Reserved for Circuit Court See Exhibit "A" attached hereto and by this reference made a part hereof. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: (Witness' Signature) Print Name [ ttnesS ttness Si Print Name ttness BAL HARBOUR CIVIC ASSOCIATION ,19 97. it..orporate's name) By: (?resident's signature Print Name: Post Office Box 54-6110 Address: Bat Harbo r , FT. 33154 Attest: (sec. tarys signature Print Name: _Post Office Box 54-61 1 (1 Print Address: Bal Harbour FL 33194 (Corporate Seal) STATE OF FLORIDA AND COUNTY OF DADE The foregoing instrument was acknowledged before me this day of _, 1997 ,by , and respectively the President and Secretary of , aFlorida non&&�Tdt-4 on behalf of said corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath. My Commission Expires: (Type of Identification) Notary Public. Signature Print Name Form 3723 (Stocked) Rev. 7/94 EXHIBIT "A" 15' FLORIDA POWER G LIGHT EASEMENT LEGAL DESCRIPTION The West 15 feet of that park lying Easterly of and adjoining Bal Bay Drive, as shown on Residential Section of Bal Harbour, according to the plat thereof, as recorded in Plat Book 44, Page 98, of the Public Records of Dade County, Florida. SURVEYOR'S NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAYS, EASEMENTS OR OTHER RECORDED OR UNRECORDED DOCUMENTS BY CRAIG A. SMITH ASSOCIATES. DRAWING LEGEND: F. P. L. FLORIDA POWER & LIGHT R/W RIGHT OF WAY LINE CENTERLINE DELTA ANGLE R RADIUS A ARC LENGTH D. C. R. DADE COUNTY RECORDS CPA I G A. SMITH & ASSOCIATES CONSULTING ENGINEERS -PLANNERS -SURVEYORS 1000 WEST MC NAB ROAD coas� OMPANO BEACH, FLORIDA, 33069 (954)782-8222 CERTIFICATE NO: LB3110 BAL HARBOUR F. P. L. EASEMENT PREPARED FOR: VILLAGE OF BAL HARBOUR CAD LIBRARY: 1146FPL ISHEET 1 OF 2 SCALE: V - 80' G-'➢ R=20.00' _ A=74'26'03' A-25. 98' I m C-u PROPOSED 15' F. P. L. EASEMENT PARK P. B. 44, PG. 98, D. C. R. R-20. D07 _ �L� rn A-74' 2 ' D3' A=25. 8' ` �a SKETCH OF DESCR I. T ION co THIS I5`NOT A SURVEY ` SURVEYOR'S CERTIFICATE ' I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH WERE PREPARED UNDER MY DIRECTION AND MEET THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER GIG17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT To SECTION 472.027. FLORIDA STATUTES. FOR THE FIRM, BY: ___ _ ROBEKEENER PROFESSIONAL SURVEYOR C MAPPER FLORIDA REGISTRATION NO. 4846 SKETCH/DESC WWC 15/23/971 N/A I RDK REVISION OWN 1 DATE I FB/PG I CKD CPA I G A. SMITH & ASSOCIATES CONSULTING ENGINEERS -PLANNERS -SURVEYORS B A L HARBOUR 1000 WEST MC NAB ROAD F. P. L . EASEMENT coxs� OMPANO BEACH, FLORIDA, 33069 ( 954) 782-8222 PREPARED FOR: VILLAGE OF BAL HARBOUR CERTIFICATE NO: LB3110 CAD LIBRARY: 1146FPL ISHEET 2 OF 2 PHOTOCOPIES DRFLOR,IJA DEPARTMENT OF R�VENUE 1111 THIS FORM NOTT R 719/s2 ACCEPTABLE RETURN FOR TRANSFERS OF INTEREST IN FLORIDA REAL PROPERTY Alignment Boxes FkT1 BY USING "ALIGNMENT BOXES" TYPED & LINE PRINTED DATA WILL FALL WITHIN ALL FIELDS IF TYPING THIS DOCUMENT TYPE AN "X" IN THE THIS IS A MACHINE READABLE FORM. IF HAND PRINTING A B C D E F G H I J K L M N D P 4 R ALIGNMENT BOXES ABOVE, CARRIAGE RETURN THIS DOCUMENT, PLEASE PRINT NUMBERS CAREFULLY AND TYPE THROUGH THE HANDPRINT BOXES. WITHIN THE BOXES AS SHOWN AT RIGHT. 0. S T LIV W X Y 0 11213141 5 6-7 8 9 PARCEL 1 • IDENTIFICATION NUMBER 2. IS THIS -PARCEL CUTOUT TRANSACTION?YES 0/[3 NO EASNPTLOITTIHER PARCEL? —YES []/EINO Last Name First Name M.I. GRANTOR (Seller) 3' PHONE NO. CORPORATE 5 6 6 3 NAME B L H U I C A$ C O r I Last NamB Fus[ Name I. GRANTEE (Buyer) STREET ADDRESS P❑ 1 B X O 5 4. CITY/STATE ZIP M CODE 13110 5 0 PHONE CORPORATE 5 % H % NAME F L NO. DATE OF SALE SALE PRICE 5. /$1 • 1 . 0 PROPERTY LOCATED IN: COUNTY, FLORIDA Month Day Year (COUNTY CODES ON REVERSE) Warranty Quit Claim Contract/ A reement fi. TYPE OF DOCUMENT Deed ❑ Deed ❑ for Deed ❑ Other Easement TO THE BEST OF YOUR KNOWLEDGE, WERE THERE UNUSUAL CIRCUMSTANCES OR CONDITIONS TO THE SALE. MARK (X) THOSE THAT APPLY: 1 Title Defects Sale under Duress Related to Seller Forced sale by Court Order 7. Mineral Rights Foreclosure Sale of a Partial or Other Undivided Interest Institutional / PROPERTY Residential Commercial Industrial Agricultural Miscellaneous Government Vacant Lot Acreage 9 TYPE AT OF SALE? IME 0 0 0 ❑ 0 ❑ a ❑ TO THE BEST OF YOUR KNOWLEDGE, IF "YES'; PLEASE STATE THE g_ WAS UNUSUAL PERSONAL �1 YES 0/0 NO ► AMOUNT ATTRIBUTABLE TO —� $ PROPERTY INCLUDED IN THE SALE? THE PERSONAL PROPERTY I I tj_ I. I 1 13 Q AMOUNT OF DOCUMENTARY STAMPS AFFIXED TO DOCUMENT? $ J-jo i IF ITEM NUMBER 10 is "ZERO", IS DEED EXEMPT FROM DOCUMENTARY WAS THE PROPERTY STAMP TAX UNDER s201.02(6), FLORIDA STATUTES? YES ❑/❑ NO 1 IMPROVED AT THE TIME YES []/E] NO _j ! HEREBY CERTIFY THAT THIS RETURN HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE AND COMPLETE RETURN, Signature of Grantor, Grantee or Grantee's Agent Date WARNING: FAILURE TO FILE THIS RETURN SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENUE LAWS OF FLORIDA. TO BE COMPLETED BY THE CLERK OF THE CIRCUIT COURT'S OFFICE CLERK'S DATE STAMP O.R. BOOK ► AND I A FILE NUMBER AND DATE BOOK & PAGE NO., PAGE NUMBER ► OR FILE NO. RECORDED Month Day Year ` .I FRKC r1FFIr:F Tn RFTAIN WHITF r.OPV Fr1R IIFPARTIIfiFNT r1F RF1/FNI IF RFPRFCFNTGTII/FC - QF ,- -, •ram - C O L CZ L `- O O m a) to a »_ U O � O a) U -- co C O CZ � CE a O cz C c [L cc v a) 0 CD o O cz o cn L Q- a) .c C U X Z O o U OLU X a) C Z aC O U� ca U co OlC o cis ,_. CL cz a O 'O L- Cl) U 3 O a) c , aO3 i�pczO• �Z° c�a a Zc )Q ) c o Cl) CL co � . `ao'c CL 43) E O � O " a) .. O 'v� c E-- •� E n �' zc co co -� a) — CY) a) c E aa)) O E ~ L L U C co M (n O CL a) CO c c a) o c p W �. a a Y U N ° a) CZo C O ° U cz ° y z �— Z a) E cC C U u) O L c� O 4) c O L g C — RS a C:c cz N Co F— c oa) a) a) O m o >, a) 'O 0 CD 1J a gia) c ° °x > ` 0)czLa -a LM a) LaW CL a`a ,L.co N .2 CDc :«. , . � s c E U O CO w ° a c 0 w ccQ v .a) L_ a o -r c rn o Z y �� c c '3 to U Jj O C v) v G C •c 0) ca 3 cn a ::. c co cn Cn .� •y. w E c as E z� cn ai as Cd E UcwO 0 c w •c p L. E 0° °_ U. w ° Q m.0 p a -0 C L p) a) a O a) L C co O 0 3 O a) 2, to a) � � F- ca z ��'c as^3� 0 �cn Z (� < O 2E v ° cz ma °2� Z U E E Cn O cz .� cn 0 0 Q —C 0U s s V I L L A G E F L O R I D A Memorandum To: Steve Zelkowitz From: Alfred J. Treppeda, Village Manager, Date: May 30, 1997 Subject: Easement Preparation FPL has requested an easement for some equipment that they moved to property owned by the Civic Association near the new pump station. I am enclosing the legal description as well as a diagram which was prepared by our engineering firm. I am also enclosing information which was provided by FPL which explains their needs concerning the easement. FPL does not prepare their own easements when it is due to the actions of the customer that they need it. Please return completed to me for execution. Call me if you have any questions. 655 96 ST. • BAL HARBOUR, FL 33154 • 305-866-4633 • FAX 868-6575 1 ROY J. BARQUET STEPHEN S. BODDEM NINA L. BONISKE DANIEL H. COULTOFF L. ROBERT ELIAS EDWARD G. GUEDES STEPHEN J. HELFMAN JILL A. JARKESY" GILBERTO PASTORIZA ELLEN N. SAUL* GAIL D. SEROTA* JOSEPH H. SEROTA DANIEL A. WEISS' RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ WEISS SEPOTA & HELFMAN, P.A. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 BROWARD OFFICE Mr. Alfred J. Treppeda Village Manager Dal Harbour Village 655 96th Street Dal Harbour, FL 33154 TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 June 16, 1997 Re: Alberto and Anna Marie Stoppa Civil Violation Case Number 97-003 Dear Al: 888 EAST LAS OLAS BOULEVARD SUITE 710 FORT i.AUDERDALE, FLORIDA 33301 TELEPHONE (954) 763-1189 PALM BEACH OFFICE 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 TELECOPIER (561) 392-7551 *OF COUNSEL Enclosed is the original Agreement which has been executed by the Stoppas. Please file these original documents for safekeeping. Please call me if you have any questions or comments regarding the foregoing. Sincerely, Daniel H. Coultoff DHC/cf 027.001 Enclosure e"Y" / X. 99&non, ATTORNEY AT LAW 297 Sunny Isles Blvd. North Miami Beach, Florida 33160 June 12, 1997 Daniel Coultoff, Esq: Weiss, Serota & Helfman, P.A. 2665 South Bayshore Dr., #420 Miami, FL. 33133 Re: Alberto & Annamarie Stoppa Dear Daniel: Phone (305) 940-8123 Digital Pager (305) 352-5990 Fax (305) 940-1954 Enclosed please find the executed agreement relating to the Bal Harbour ordinance violation that was resolved on May 13, 1997. Thank you for your cooperation regarding this matter. Sincerely, Eugene M. Simon AGREEMENT Mr. Alberto Stoppa and Mrs. Anna Marie Stoppa (the "Stoppas"), occupants of the residence located at 77 Camdon Drive, Bal Harbour, Florida 33154 (the "residence"), hereby admit that on April 13, 1997 they violated Bal Harbour Village Ordinance No. 11-29(A)(2). The civil violation is attached hereto as Exhibit "A." Bal Harbour Village waived imposition of the $250.00 fine in exchange for the terms memorialized in this Agreement. The Stoppas recognize that their home is located in a quiet residential area and agree that they cannot allow their dogs to bark continuously, thereby disturbing their neighbors. Therefore, the Stoppas agree that they will hire a caretaker for the dog whenever the Stoppas are away from their residence. The Stoppas also agree to make every effort to control their dogs' barking at all times and further recognize that any future incidents of unreasonably loud barking will be violative of Ordinance No. 11-29(A)(2) and will constitute a repeat violation. �.. 'Mr. Alberto-Stoppdf� z9v STATE OF FLORIDA ) ) ss. 7�;�y COUNTY ) BEFORE ME, the undersigned authority, personally appeared ALBERTO STOPPA, who is personally known to me or who has provided (driver license, passport, military identification, etc.) as identification, deposes and says that the facts set forth in the foregoing are true and correct. WITNESSES my hand and seal this i G rv�,wt� Jeffrey Roy Cohen Notar **My Commission CC649762 �•?,«��P Expires May 22, 2001 y of AState of Florida Nosy Printed name My Commission Expires: 1997 STATE OF FLORIDA ) ) ss. COUNTY ) BEFORE ME, the undersigned authority, personally appeared ANNA MARIE STOPPA, who is personally known to me or who has provided (driver license, passport, military identification, etc.) as identification, deposes and says that the facts set forth in the foregoing are true and correct. WITNESSES my hand and seal this 4P O Jeffrey Roy Cohen **My Commission CC649762 Not %kK Expires May 22, 2001 E 1 ay of 1997 State of Florida Notary Printed name My Commission Expires: n X, 4 BAL HARBOUR VILLAGE CIVIL VIOLATION OWARNING VIOLATION DAY ` DATE TIME CASE NUMBER �aJtvi-i3-��1 .�2 CC VIOLATOR (LAST. FIRST. MI) . m2 ADDRESS 1 r 1 C'QrrY r �rl v� CITY STATE. ZIP W PHONE DATE OF BIRTH RACE SEX C 4 TIff .ljl DA E ;N'D'- a THE ASOVE LIST;.D VIOLATOR Cl. THE FIX LOWING VIOLATICA T q �e`uecl r ni��Ot- VIOLATION NUMBER 3 ORDINANCE VIOLATED VIOLATION MUST BE CORRECTED BY A -s AMOUNT OF CIVIL FINE: INSTRUCTIONS FOR WARNING NOTICE FAILURE TO CORRECT THIS VIOLATION WITHIN THE TIIv[EE PERIOD SHOWN ABOVE MAY RESULT IN YOUR BEING ISSUED A CIVIL VIOLATION NOTICE INSTRUCTION FOR VIOLATION NOTICE FAILURE TO CORRECT THIS VIOLATION WITHIN THE TIME PERIOD SHOWN ABOVE MAY CAUSE YOU TO BE DEEMED IN CONTINUING VIOLATION AND SUBJECT TO AN ADDITIONAL PENALTY IN THE SAME AMOUNT -WITHOUT RECEIVING AN ADDITIONAL NOTICE OF VIOLATION PAYMENT OF SUCH FINE MUST BE MADE WITHIN 20 CALENDAR DAYS OF THE DATE OF VIOLATION SHOWN ON THIS NOTICE. PAYMENT SHOULD BE MADE TO "BAL HARBOUR VILLAGE", Go VILLAGE CLERK, 655 96TM STREET; BAL HARBOUR, FL 33154-2499. IN THE ALTERNATIVE, YOU MAY APFEAL THE CIVIL FINE BY REQUESTING A HEARING BEFORE A SPECIAL MASTER. SUCH REQUEST MUST BE MADE IN WRITING WITHIN 20 CALENDAR DAYS FROM THE DATE OF VIOLATION SHOWN ON THIS NOTICE. FHIS WRITTEN REQUEST SHOULD BE SENT TO: BAL HARBOUR VILLAGE; do VILLAGE CLERK; 655 96' STREET; BAL HARBOUR. FL 33154-2499 YOU WILL BE NO-PFIED AS TO THE DATE AND TIME OF THE HEARING. YOU MAY II BE HELD RESPONSIBLE FOR REASONABLE COSTS OF THIS HEAPING IF FOUND TO BE GUILT Y OF THE VIOLATION. FILING OF A REQUEST FOR A HFPPR.G WILL TOLL THE ACCRUAL OF CONTINUING VIOLATION PENALTIES. FAILURE TO REQUEST SUCH A HEARING WITHIN SUCH TIME SHALL CONSTITUTE A WAIVER OF YOUR RIGHT TO SUCH A HEARING. SUCH WAIVER SHALL CONSTITUTE AN ADMISSION OF VIOLATION, AND PENALTIES MAY BE ASSESSED ACCORDINGLY. RECEIVED BY �. C-CD 2 No ISSUING OFFICER OR101Nti1--CLERK S COP1DUPLICAT15 AL TOR EXHIBIT "A" I. 14 NI A N D A T E DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT DCA # 3D04-2583 BAL HARBOUR VILLAGE, vs. FLA. UNEMPLOYMENT APPEALS COMMISSION, ET AL., This cause having been brought to this Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause in accordance with the opinion of this Court attached hereto and incorporated as part of this order, and with the rules of procedure and laws of the State of Florida. Case No. UAC 04-7420 WITNESS, The Honorable DAVID L. LEVY, Chief Judge of said District Court and seal of said Court at Miami, this day May 20, 2005. A T_`1�i,� 4 to CC W/O OPINION: Edward G. Guedes and Alexander L. Palenzuela; John D. Maher and Gregory Mangone la NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. BAL HARBOUR VILLAGE, a Florida municipal corporation, Appellant, VS. THE FLORIDA UNEMPLOYMENT APPEALS COMMISSION and MAY V. MANGONE, IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 ** ** ** CASE NO. 3D04-2583 ** LOWER TRIBUNAL NO. 04-7420 ** Appellees. Opinion filed May 4, 2005. An Appeal from the Unemployment Appeals Commission. Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske, P.A., and Edward G. Guedes and Alexander L. Palenzuela, for appellant. John D. Maher (Tallahassee), and Gregory Mangone, Unemployment Appeals Commission, for appellees. Before GERSTEN and SHEPHERD and SUAREZ, JJ. GERSTEN, J. Bal Harbour Village ("Village"), appeals an Unemployment Appeals Commission ("UAC") order reversing an appeals referee's ("referee") decision that May Mangone ("Mangone") was not entitled to unemployment benefits. We reverse.