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
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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.
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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
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G�
Print Name:
NOTARY PUBLIC
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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
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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
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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:
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12196