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
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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.