Loading...
HomeMy WebLinkAboutO-12196J-01-1025 11/19/01' ORDINANCE NO. L AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1852 AND 1900 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from "High Density Multifamily Residential" to "Restricted Commercial" for the properties located at approximately 1852 and 1900 North Bayshore, Miami, Florida, more particularly described as Lots 1, 4 and 5, Block 7, of the THIRD AMENDED PLAT OF MIRAMAR according to the Plat thereof as recorded in Plat Book 5 at Page 4 of the Public Records of Miami -Dade County, Florida. 12196 Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; and Page 2 of 4 9 (f) is one which is not located within an area of critical state concern. Section 3. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida, and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty- one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187 (3) (c) , Fla. Stat. (2001).-11 1� This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 �, t PASSED ON FIRST READING. BY TITLE ONLY this 24th day of January , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 7th day of March , 2002. ATTEST: ;:�4� �5-045��� WATNER J. FOEMAN CIFI CLERK APPRQIEDYAS TO FORM AND CORRECTNESS: 'L�EJANDRCV I LARELLO ,ITY ATTORNEY W1171 M:dd tit -0-. =: - ' MANUEL A. DIAZ, MA Page 4 of 4 121,96 Pz 9 SECOND READING PLANNING FACT SHEET APPLICANT Vicky Garcia -Toledo, Esq., on behalf of Parkshore on the Bay LLC. HEARING DATE November 14, 2001 REQUEST/LOCATION Approximately 1852 and 1900 North Bayshore Drive. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Division. PETITION Consideration of amending Ordinance 10544, as amended, the City of Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map by changing the land . use designation for the properties located.at approximately 1852 and 1900 North Bayshore Drive from "Multifamily High Density Residential" to "Restricted Commercial'. PLANNING RECOMMENDATION Approval. BACKGROUND AND See attached. ANALYSIS PLANNING ADVISORY BOARD Recommended approval to VOTE: 7-0 City Commission. CITY COMMISSION Passed First Reading on January 24, 2002. APPLICATION NUMBER 01-015 Item #2 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR •MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 2/27/2002 Page 1 12196 s ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 1852 and 1900 North Bayshore Drive. Application No. LU- 2001-015 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "High Density Multifamily Residential" to "Restricted Commercial". The subject property consists on a parcel facing North Bayshore Drive. (Complete legal description on file at the Hearing Boards Office). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject properties are currently designated "High Density Multifamily Residential" and the same designation is to the northeast; immediately to the south and southeast, the area is designated "Restricted Commercial" and, to the west, -there is a Recreation land use designation. The High Density Multifamily Residential land use category allow residential structures to a maximum density of 150 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Higher densities may be allowed as shown for these specially -designated areas: Little Havana Target Area 200 units per acre Southeast Overtown/Park West 300 units per acre Brickell, Omni and River Quadrant 500 units per acre Supporting services such as offices and commercial services and other accessory activities that are clearly incidental to principal uses are permitted; community-based residential facilities (14 clients or less, not .including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community- based residential facilities (15+ clients), places worship, primary and secondary schools, child care centers and adult day care centers may be permissible in suitable locations. 1 The "Restricted 'Commercial" category allow residential uses (excepting rescue . missions) to a maximum density equivalent to "High Density Multifamily Residential', up to 150 dwelling units per acre, subject to the same limiting conditions -,-,any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector -roadways, which include: general retailing, personal and professional services, real state, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities and other commercial activities whose scale and land -use impacts are similar in nature to those uses described above, places or worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found. that immediately adjacent to the south and southeast, the area is designated "Restricted Commercial'. • It is found that the requested change will represent a logical extension of the commercial activities existing immediately to the south and southeast. • It is found that the requested change will increase the possibility of the subject properties being developed and enhanced in a manner that will directly benefit the adjacent area. • It is found that Goal LU -1.3 the City will promote and facilitate economic development and the growth of job opportunities in the city. • It is found that Goal LU -1.5 the City promotes the efficient use of land and minimizes land use conflicts. These findings support the position that the existing land use pattern in this neighborhood should be changed. It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. 2 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT — Proposal No. 01-15 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP . Date: November 1, 2001 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Parkshore on the Bay, LLC RECREATION AND OPEN SPACE Address: 1852 and 1900 N. Bayshore Dr. Population Increment, Residents 0 Space Requirement, acres 0.00 Boundary Streets: North: East: N. Bayshore Dr. Excess Capacity Before Change 182.80 South: West: Excess Capacity After Change 182.80 Proposed Change: From: Density Multi -Family Residential Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 1.52 acres C 150 DU/acre 228 DU's Population Increment, Residents 0 Peak Hour Person -Trip Generation, Residential 114 Transmission Requirement, gpd 0 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 0 Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 1.52 acres C 150 DU/acre 228 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 114 Population Increment, Residents 0 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 0 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 0 Dwelling Units 0 STORM SEWER CAPACITY Peak Hour Person -Trips 0 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Wynwood/Edgewater Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin H2 SOLID WASTE COLLECTION Solid Waste Collection Route 16 Population Increment, Residents 0 Transportation Corridor Name Biscayne Solid Waste Generation, tons/year 0 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 500 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary Sewer Connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, If any, is currently not known P itY. Y Y Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT -2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. RecreationlOpen Space acreage requirements are assumed with proposed change made. RM � ItJ n3H3/Qn ..2190 RESOLUTION PAB -93-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED APPROXIMATELY 1852 AND 1900 NORTH BAYSHORE DRIVE FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: November 14, 2001 ITEM NO. 2 VOTE: 7-0 ATTEST: AGelaber64Vchez,"Director Planning and Zoning Department 12196 I VVI., .......... A, a . "-7'h. �.j+• �. 0„,�';�� ; i 3 '� ��y - Y 1 b 1 . Tk py " l �"+M t .'+y,{yi� >�'t �-; ^a T'> Al.` ,n-. } ..i ., ro£ � h. h s��; '.+,ap n y SYt K'? � A N -g. s nt t t; ry3� q=c.'X 1`". s F r r' •'� Y"eY3'?""-�` A.l �t � � t e.�. �'r `� �a � a .w �,:� �a`V''�"R'��`'4� 5 , :s lir, ,• ,"'�ru��'��'� - �4 "{ ; b � .:. � # '� a �f, ri° xrrviats � �� "� +. � � '', k . rt '� e4•,l�e�`" 'cam t�''�ti,� ''�' �.,..u,�v, z MMME ti x f a ,dp ' •,. 2 f....5,{ 9 .a.: ��� � ..: �i� �� i. y i5 x ' �. '��.:::. �` San• 'x' .ts�`k off. -.'s 1 s *,.z �C � :a � , �."' , r-.: ... a •... � € ' P F zra't x X - Yki > F ,c� Ski ate z �. room, h «� .;rgyqAtt� i �M' s -7 I "A s r � �'r "' t�" � - < x ♦. a� �^ �r.','" � a': mss. ��� e � �.� ��� y r t 'M`,x.e. 0-0 too M '' AP 440W, f ykvt a+ -c AR �wi Sr. "d •3.. p 'wT• > y < '>�... � t• t `fir �. �":.' � r^, r Application # O L — 15 Date:at [w10 I CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 444 S.W. 2"d Avenue Miami, Florida APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTT VITfES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE.OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE THE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION Section 62-32 of the Code of the City of Miami, Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (A) Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed, evaluated and appraised by the Planning Advisory Board to determine whether changes in the amount, kind or direction of development and growth of the city'or area thereof or other reasons make it necessary or beneficial to make additions or amendments to the comprehensive plans, or portions thereof. The Planning Department shall prepare an evaluation and appraisal report for the Planning Advisory Board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (B) The Planning Advisory Board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62- (C) The City Commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the Planning Advisory Board date of recommendation. The City Commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation an appraisal report. Asoption of the report Page I of 4 �.2Ruo and recommended amendments to the plan maybe made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall -contain a schedule for adoption of the recommended amendments within one year. 2. Two 11x17 original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 3. Surveys need to be stamped by the Office of the Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submittal of application. 4. An 8 %z x 11 copy of all exhibits that will be presented at the hearing shall be attached to this application. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest. 6. Complete application should be reviewed and initialed, by Planning and Zoning designee prior to submittal. 7. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex S 300.00 Residential medium density multifamily S 450.00 Residential high-density multifamily, office, major public facilities, transportation/utilities S 550.00 Commercial/restricted, commercial/general and industrial S 650.00 Commercial (CBD) S 1,200.00 Surcharge for advertising each item 5 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice S 3.50 8. This petition is proposed by: ( ) Planning, and Zoning Department (X) Other & Please Specify: Parkshore on the Bay, LLC (Owner) N. 9. The subject property is located at 1852 and 1900 Bayshore Drive: Folio No. 01-3231-003-0530 and 01-3231- 003-0510, respectively. AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 1.4 and 5 Block(s) . 7 Subdivision Miramar Third AMD 10. The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully . request the approval of the city of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above-described property as indicated in the Land Use Plan: I . Page 2 of 4 _12— V • FROM: High Density Multi Family Residential TO: Restricted Commercial — 11. Please supply a statement indicating why you think the existing plan designation is inappropriate: The area north of the Omni site has been developing as a luxury high rise neighborhood. the current designation is no loner consistent with the current development trend 12. Please supply a statement justifying your request to change the plan to your requested plan designation: This request is consistent with the Miami Downtown Master Plan vision to respond and "tapping consumer demand for high quality living space in an urban district where services and iobs are within easy walking distance" ans for "high density residential use (100 units per acre and more". This request will be consistent with the rezoning of the property to SD -6 13. What is the acreage of the property being requested for a change in plan designation? 1.52 14. Has the designation of this property been changed in the last year? No 15. Do you own any other property within 200 feet of the subject property? No If yes, has this other property been granted a change in plan designation within the last twelve months? No 16. Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? Yes 17. Have you filed with the Office of Hearing Boards a(n): Owner's list form? Yes Affidavit of ownership? Yes . List of owners of property within 500 feet of the subject property? Yes Disclosure of ownership form? Yes . If not, please supply them. SIGNA NAME :Vic Garcia -Toledo, Ebb., as attornev for Owner ADDRESS:200 So. Biscayne BKd. Suite 2500. Miami. FL 33131 PHONE 305-350-2409 DATE Page 3 of 4 12196 V STATE OF FLORIDA ) SS: COUNTY OF DADE ) Vicky Garcia -Toledo Esq, as attorney for Owner, being duly swum, deposes and says that he is the Owner of the real property described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. (SEAL) SWORN TO AND §WSCRIBED . before a this ;et%`t day of sw/I.cc. )2001. G Nota ublic, State of Florida at Large MY COMMISSION EXPIRES: ELIZABETH NtARCHENA MY COMMISSION # CC 81511W EXPIRES: April 19, 2003 Computation of Fee: irfi, Bonded ThmPiduvdInwrseeeAgency Receipt # 44',74874\1 5737W519944 V Pan 4 of 4 7/19/01 0 AFFIDAVIT _ STATE OF FLORIDA ss: COUNTY OF MIAMI-DADE ) Before me the undersigned authority, this day personally appeared Vicky Garcia -Toledo, Esq., who being by me first duly sworn, upon oath, depose and say: That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete.permission for him/her to act in his/her behalf for the change of modification of a classification or regulation of zoning as set out in the accompanying petition. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal description for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. M STATE OF FLORIDA } COUNTY OF MIAMI-DADE }ss: Vicky GWU-Toledo, Attorney for Owner The foregoing instrument was acknowledged before me this 0' - day of September, 2001 by Vicky Garcia -Toledo, Esq., as attorney for Owner, who is personally known to me or who has produced a valid driver's license as identification and who did [did not] take an oath. Notary Public / State of Florida ElR48ETHMARCMENp, Name &11Z„&4 A,-iarclvn< My COMMISSION # CC 815886 Commission No.: CC k)51 b v EXPIRES: 19, 2003 My Commission Expires:-�S-c:2 E4i hencengeney 12196 OWNER'S. LIST Owner's Name: Parkshore on the BU, LLC % A. Vicky Garcia -Toledo, Esquire, Bilzin Sumberg, et al. . Mailing Address: 2500 First Union Financial Center Miami FL 33131 Telephone Number: (305) 350-2409 Legal Description: Owner's Name: Mailing Address: Telephone Number: Legal Description: Owner's Name: Mailing Address: Telephone Number: Legal Description: N/A N/A Any other real estate property owned_ individually; jointly or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description N/A DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property. Lots 1, 4. and 5, Block 7, Miramar Third Amendment, according to the Plat thereof as recorded in Plat Book 5 at Page 4 of the Public Records of Miami -Dade County, FL 1852 & 1900 North Bayshore Drive 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Parkshore on the Bay, LLC 100% Owned by: Bruce Freeman50% Regent Partners Parkshore Fl, LLC 50% Owned by: Ben Weinschneider 1999 Trust 100% Beneficiaries: Aliza Weinschneider 50% Yaffa Weinschneider 50% Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. N/A By: Vicky Garcia-Tol#do, Esq. as attorney for Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _ day of September 2001, by Vicky Garcia -Toledo, Esq., as attorney for owner and who did [did not] take an oath. Name: e,4 z zJ eW--� ' EUMMMARCHENA Notary Public - State of Florida MY COMMISSION # CC 815486 Commission No.: V 5 �$ EXPIRES: Apol 19, 2X My Commission Expires:Y—/9 -03 121900 08-29-01 09:47 _ From-SHEFSKY&--FROELICH LTD, Thu instrument Prepared By and Retum to. DAVID S. BERNSTEIN, ESQ. Ruden, McClosky, Smith, Schuster 4, Russell, P A Post Ofticc Box 14034 St. Petersburg, FL 33733 Parcel No. 01-3231-003-0510 31252T5921 T-551 P -W/06 r -Hb t% REC 194 PG. 4445 0 3.R?07545 20,31 APR 25 15: 3 i)04STPOEE 30 P Ei00 . u,7 SURTX 22P500,00 HARVET RUVINY CLERK DACE COUNTYr FL Space above this line for recorder's use only SPECIAL WARRANTY DEED THIS INDENTURE made as of this I" day of April, 2001, by and between CARLYLE ON THE BAY. LTD , an Illinois limited parmership ("Grantor"), for and in consideration of Ten Dollars ($10 00) and ocher good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby grants, bargains, sells. aliens, remises, releases and conveys unto PARKSHORE ON THE BAY, L.L.0 , a Florida limited liability company ("Grantee") having an address of 2711 West Howard, Chicago, Illinois 60645, the following described real property in Me County of Dade, Statc of Florida, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO REAL ESTATE TAXES FOR THE YEAR 2001 AND SUBSEQUENT YEARS SUBJECT TO THOSE CERTAIN PERMITTED TITLE EXCEPTIONS SET FORTH IN EXHIBIT "B.- ATTACHED B"ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER with all the tenements, herediiaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and casement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor does hereby covenant that Grantor does fully warrani the title to the above dcscnbed real estate so hereby conveyed and will defend the same against the lawful claims, arising out of events occurring prior to the recording of this Deed, of all persons claiming by, through or under the Grantor, but against none other. STP•227400.2 08-29-01 09:48 From-SHEFSKY:.d,FROELICH LTD, 3125275921 T-661 P:04/06 F-806 0 REC 1au4tt ru. Y -2°s Space above this line for recorder's use only IN WITNESS WHEREOF, the Grantor aforesaid has set its hand and scat as of the day of Apnl. 2001. WITNESSES: STATE OF ILLINOIS COUNTY OF COOK CARLYLE ON THE BAY, LTD., au Illinois limited partnership By: Congregate Associates, Ltd., an Illinois corporation, its general partner Burton Jai isbera, Vic siaent The fore-oing instrument was wmowledgcd before me this /1M ' day of April, 2001, by BURTON JAY WEIS BERG as Vice President of Congregate Associates, Lid , an Illinois corporation on behalf of said corporation, in its capacity as General Pamer of CARLYLE ON THE BAY, LTD., an Illinois limirea partnership Witness my hand and official seat My Commission Expires: V,Vw OFFICIAL SEAL GLENN TAXMAN NOTARY PUBLIC, STATE OF ILLINOIS My COMMi83ION ExPMES.a2N4b2 STP 227400.2 G� Print Name: NOTARY PUBLIC 12196 08-29-01 09:48 From-SHEFSKY & FROELICH LTD; I -WWI-- lic Space apove tnts tine for recorder's use only EXHIBIT "A" LEGAL QESCRIPTION Lots I and 4, Block 7, of the Third Amcndcd Plat of MIRAMAR, aceording to the plat thereof recorded in Plat Book S Page 4, of the Public Records of Miami -Dace County, Florida_ Parcel No.: 01-3231 003-0510 Address 1900 North Bayshore Drivc, Mlamt, Florida 3 STP -227400.2 1,21910-1 08-29-01 09:48 From-SHEFSKY lb FROELICH LTD, 1-601 r.uv.�� VVV Kt JU4% 4 0. spnce above this tine for recoraer's use only EXHIBIT "B" PERMITTED EXCEPTIONS 1. Riparian or littoral rights 2 Any claim to any portion of the land below the ordinary high water line of Biscayne Bay and other adjacent waters, if any 3 Matters contained in tilt 3rd Amended Plat of Miramar, according to the plat thereof, as recorded in Plat Bool: 5, Page 4, all of the Public Records of Miami - Dade County, Florida. 4 Easements) granted to Florida Power and Light Company, recorded April 1, 1980 in Official Records Book 10704, Page 1842, of the Public Records of Miami -Dade County, Florida. 5 Terms, covenants, conditions and other matters contained in the Memorandum of PCS Site Agreement, recorded February 18, 1998, in Official Records Book 17982, Page 4280, of the Public Records of Miami -Dade County, Florida I 6. Liens for any unpaid special assessments for the year 2001 and subsequent years arising by virtue ofthe ordinances and resolutions creating these districts and more specifically set forth as follows - Ordinances and Resolutions recorded in Official Records Book 11114, Page 522, Official Recores Book 12923, Page 2618, Official Records Book 12923, Page 2622, Official Records Book 14258, Page 2399, Official Records Book 14646, Page 2513, Official Records Book 15168, Page 2413, Official Records Book 15615, Page 1652, Official Records Boolc 16035, Page 3996, Official Records Book 16478, Page 1048, Official Records Book I6872, Page 1634 and Official Records Book 17326, Page 2605, all of the Public Records of Miami -Dade County, Florida 4 STP 227400.2 4C OG s� P. --- 0C CAS C NP: Ftcl" PEcoae vER AW •iARVEY RUvtk % FAX CGRCui r GOUT 7 119 -ID -UI IO:,,, .195T2��3 T" t-atrwn"proPww by. Rawwo Detgedo Diaz L ONINWIten. LLP swan =0 — 26W Salm Bey*vom Dm - man. Fwm 33133 WARRANTY DEED O1R2S9179 2001 MAY 21 12;o7 This Warranty Deed, executes this May? 2001, by Gabam of Sotto Florida, Inc., a Florida corporation, whose post office address is 2865 South Bayshore Drive, Suite 200, Miami, Florida. 33133, ("Grantor'). to ParkShore On The Bay, LAL-C., a limited liabdny company organized undartne taws of the State of Florida, whose poet office address is 2711 d. J�GX/C�i I!- GGL' >YS (�G rantee� (wherever used herein the terms "Grantor' and "Grantee' shall include singular and plural, hairs, legal representatives, and assigns of individuals, and the successors and assigns of corporations and other legal entities, wherever Me context so admits or requires); ppC87PIXE 7,$00.00 GMTx s, S50. WITNESSETH: HARVEY RUVItti CLFRR BADE CGil M, f Tnat saia Grantor, for esu! in eonsiaeretion of the sum of $10.00, in hand pats by the said Grantee. the receipt whereof is hereby acknowledged, does hereby grant, convey and sell unto said Grantee forever Me following described lot, piece or parcel of land, situate, lying and being in the County of Miami -Dade, State of Florida (Me "Property'), to wit. Lot 5, Stock 7, of MIRAMAR 3RD AMENDED SUBDIVISION, accortfing to the Plat thereof. recorded in Plat Book 5, Page 4, of the Public Records of Miami-oade County, Ftonda. This conveyance is subject to: 1. Real estate taxes and assessments for the year 2001 and subsequent years. 2. Zoning and land use laws and ordinances. 3. Conditions, limitations, restrictions, dedications, easementsof record and easements for putttic utilities, none of which are intended to be reihtpooed by tnis conveyance. TO HAVE AND TO HOLD, the same tier with all and singular the appurtenances inereunto belonging oris anyway appertaining, and all the adate, right, title, interest, lien, equity and claim wnatsoever -- of Grantor, either in law or equity, to the only paper use, oenefit and benoof of Said Grantee and its successors and assigns forever. Grantor cov that it has good right and lawful atnnoray to sett and convey the Property, and hereby warrants the tittthe Property and will defend the same against the lawful claims of all persons whomsoever. lo The benefits and oti igations hereunder administrators, successors and assigns of the re: IN WITNESS WHEREOF, the Grantor above wntten. Signed, sealed and delivered in the presence of: C r'nrtt: P�r�t aAJ- - 1111✓ STATE OF FLORIDA } COUNTY OF MIAMI•DADE ) inure to and be binding upon the heirs. executors, ve parties hereto. signed and sealed these presents the day and year first Gabam of South Florida. Inc., a Florida corporation By:, The foregoing instrument was adtnowtedged before me this May 2001, by Rolando Delgal!01' as President of Gabam of South Florida, Inc., a Florida corporation on whose behalf this instrument is executed and delivered. who is personally known to me and wh di of take an oat Name: Notary Puttiic, State of Florida Commission No: k£coA= w oKCH, RECORDS www 12196