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HomeMy WebLinkAboutR-02-0594J -02-446(a) 4/25/02 RESOLUTION NO. 92-- 594 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE RECOMMENDATION OF THE ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, SD -12 SPECIAL BUFFER OVERLAY DISTRICTS, TO ALLOW SURFACE PARKING ON AN SD -12 OVERLAY FOR THE PROPERTY LOCATED AT APPROXIMATELY 1305 NORTHWEST 7TH COURT, MIAMI, FLORIDA, LEGALLY, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A" PURSUANT TO PLANS ON FILE AND SUBJECT TO A UNITY OF TITLE AND A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of April 22, 2002, Item No. 4, adopted Resolution No. ZB 2002-0559 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Special Exception does CITY COMUMOLT MEETING MAY L 3 2002 RL'SGR�@�ipf; 02- 594 meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the recommendation of the Zoning Board and grant the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The decision of the Zoning Board to recommend approval of a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 6, Section 612, SD -12 special buffer overlay districts, Requirement for Special Exception, to allow surface parking on an SD -12 overlay for the property located at approximately 1305 Northwest 7th Court, Miami, Florida, as legally described in attached "Exhibit A," is hereby affirmed, and the Special Exception is hereby granted pursuant to plans on file, subject to a Unity of Title approved by the City Attorney and a time limitation of twelve (12) months in which a building permit must be obtained. Page 2 of 3 02— 594 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 23rd day of May , 2002. ATTEST: PRISCILLA A. THOMPSON CITY CLERK CORRECTNESS: LARELLO W l : YMT : smgt` +' 7 A7A /11ANU�WE�LA. DI-AZ,MAA 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 02_ 594 EXHIBIT "A" Legal Description HIGHLAND PARK, POINT OF BEGINNING 2-13, beginning on the Southeast corner, Lot 9, West 49.5 feet, North 23.5 feet, West 3.2 feet, North 76.5 feet, East 52.1 feet, South 100 feet to the POINT or PLACE OF BEGINNING, Block 6. 1305 N.W. 7" Court, Miami, FL Tax Folio No. 01-3135-019-1090 Approximately 5,195 square feet. / 47 02- 594 Pz 1 ZONING FACT SHEET Case Number: 2002-0545 22 -Apr -02 Item 4 Location: Approximately 1305 NW 7h Court Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Lillian Ser, Esquire on behalf of AT & T Broadband, Owner 201 South Biscayne Boulevard Miami, FL 33131 Zoning: R-2 Two -Family Residential SD -12 Buffer Overlay District Request: Special Exception requiring City Commission approval as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 612, SD -12 Special Buffer Overlay Districts, to allow surface parking on an SD -12 Overlay. Purpose: This will allow surface parking on an SD -12 Overlay. Recommendations: Planning & Zoning Dept.: Public Works: Plat and Street Committee: Miami -Dade County: Approval with condition(s). No comments. N/A. No comments. Enforcement History, If any Case No: Last Hearing Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: Analysis: See supporting documentation. Zoning Board Resolution: ZB 2002-0559 Zoning Board: Recommended approval to City Commission. Vote: 9-0 City Commission: N/A. 02- 594 ANALYSIS FOR SPECIAL EXCEPTION 1305 N.W. 7th Court CASE NO. 2002-0545 The requested Special Exception is in order to provide a surface parking with SD -12 Overlay. Pursuant to Article 6, Section 612 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal to permit a surface parking with SD -12 Overlay lot has been reviewed as follows: This Special Exception includes a Class I Special Permit for substantial modification to an existing facility including ten (10) or more spaces as per Article 9, Section 917.4 ** Subject to Unity of Title for parking on lots separate principle use. ** City Commission Approval required. The following findings have been made: • It is found that the proposed surface parking lot will be developed on R-2 "Two - Family Residential" lots with an SD -12 "Special Buffer Overlay" district adjacent to existing C-2 "Liberal Commercial" lots, to the east, in order to provide parking for the existing commercial building. • It is found that the excess parking will be beneficial to the area by providing a paved and striped parking area to service the adjacent commercial building. • It is found the proposal includes a substantial landscape buffer and it also found that all of the proposed vehicular ingress and egress would be provided through NW 7`h Court. • It is found that the proposed use is in scale and character with the surrounding area. • It is found that the proposed layout provides adequate parking and circulation. Based on these findings, the Planning and Zoning Department is recommending approval with the following condition: I. A Unity of title for parking lots separate from principle structure must be submitted for review and approval by the Law Department before the issuance of any building permit. 02- 594 q I.TOWNP t U.R. Pi zLLA. 7 TI vS - , *'.,TTr7;T II A, C7 — T 7RACI 4 K PROD 14 & TRACT'A" F.:D e T. CULMER STA- i L HIGHLAND _l ISI 1@ 1IT7,71-1 P A ROK 0 ss .6s3S_ z s G L 2 1. 4S• CULMEK VILLAS 4 u IU . . Pl. /-V 1 .(3) TRACT 2 1,/ 65 195Ms 15 02- 5Sr. ER 94 W 3 Ik, 3 t to 0 2 Miami Zoning Board Resolution No.: 2002-0559 Monday, April 22, 2002 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, SD -12 SPECIAL BUFFER OVERLAY DISTRICTS, TO ALLOW SURFACE PARKING ON AN SD -12 OVERLAY FOR THE PROPERTY LOCATED AT APPROXIMATELY 1305 NORTHWEST 7TH COURT, LEGALLY DESCRIBED AS ALL THAT PART OF LOTS 9 AND 10, BLOCK 6, HIGHLAND PARK SUBDIVISION (2-13), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL AND SD -12 BUFFER OVERLAY DISTRICT. THIS SPECIAL EXCEPTION WAS GRANTED WITH THE FOLLOWING CONDITION BY THE PLANNING AND ZONING DEPARTMENT: A UNITY OF TITLE FOR PARKING LOTS SEPARATE FROM PRINCIPAL STRUCTURE MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE CITY ATTORNEY'S OFFICE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. Fredric B. Burns Yes Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Away Mr. Georges Williams Yes AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 9-0 Teresita "LFernandez, Executive S tary Department of Planning and Zoning Hearing Boards Division Case No. 2002-0545 Item Nbr: 4 02- 594 z -- - ----- — Nv. 589'5 ' ��✓ 52,4/ ( ` M 19 7 Z3 ij VAc,4• n/ T 8 _ a " ' h N ' Oe�d � • � hb�0. � � r/o1.0• Tb /./��2�o,k. 25,Gb' No A9 fN0 O,t � 20 �'(Pi � $'cox, autf/,� • • No 4 N �\ •.7,90 7.�=,� . l : T b of o. T b A101.0._ l�G�/ /� S � This property described as: All that part of Lots 9 and 10, in Block 6, Of HIGHLAND PARK SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, at Page 13, of the Public Records of Dade County, Florida, more particularly described as follows, to -wit: Beginning at the Southeast corner of said Lot 9 and thence running Westerly along the Southerly boundary of said Lot 9 for a distance of 49.5 feet to a point; thence running in a Northerly direction a distance of 23.5 feet to a point; thence running Westerly for a distance of 3.2 feet to a point; thence in a Northerly direction a distance of 76.5 feet, more or less, to the North line of said Lot 10; thence Easterly along the North line of said Lot 10 a distance of 52.1 feet to the Northeast corner of said Lot 10; thence in a Southerly direction along the East boundary of said Lots 10 and 9 a distance of 100 feet to the Point of Beginning. �fO l• a ' OdC.�cc„�� e,� o �.Gr �. /7e3�iPTLac/ �AM o �y�E5T.447To�.cic.,-� 02-- 504 CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2nd Avenue, 7v' Floor • Miami, Florida 33130 Telephone 305416-2030 * Fax 305416-2035 APPLICATION FOR SPECIAL EXCEPTION 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 ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE 1S 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 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. RESOLUTION RECORDATION COST IS $6.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning and Zoning Department for his/hqr recommendations and the Director shall make any further referrals required by these regulations. Lillian A. Ser, on behalf of AT&T, owner hereby apply to the City. _of Miami Zoning Board for approval of a Special Exception for the property located at 1305 N.W. 7th Court folio number 01-3135-019-1090 Nature of proposed use (please be specific): farg Lfl Three original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Three original plans, signed and sealed by a State of Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 02- 594 3. Plans need to be stamped by the Office of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submission of application. 4. An 8 Y2 x 11" copy of the signed plans attached to this application. 5. An 8'h x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 7. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of property covered by the application (see pages 5 and 6). 8. At least two photographs that show the entire property (land and improvements). 9. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Cost of processing according to the City Code: Special exception $ 800.00 Special exception requiring automatic city commission review $ 2,000.00 Extension of time for special exception $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within three hundred and seventy-five (500ZfeetZfihe-Aubject property./' Sig Lillian A. Ser . Name 1500 Miami Center Address 201 South Biscayne Blvd. Miami, FL 33131 (305) 347-7375 Telephone Date �- 2 02_ 594 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who known to me or who has produced as identification and who did (did not) take an oath. (Stamp) ' STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature is personally The foregoing instrument was acknowledged before me this (o -A day of F6ij v 2002 by Lillian A. Ser, as legal representative of A_ a corporation, on behalf of the corporation. Ma;She is Personally known to me or has produced as identification mho did (did not) take an oath. (Stamp) ,,�,... �—� p) V,�;; . Signature j MY COMMISSIS S CC 751878 ?IN j EXPIRES: July 12, 2002 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of _ 20 , by partner behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath (Stamp) Signature (or agent) on a partnership. 3 02-- 594 SHUTTS BO EN LLP ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 April 11, 2002 VIA HAND DELIVERY Ms. Maria Faria Administrative Assistant Office of Hearing Boards The City of Miami 444 S.W. Second Avenue, 7d' Floor Miami, Florida 33130 E -Mail: Iser@shutts-law.com RE: Application for Special Exception to Surface Parking in an SD -12 Special Buffer Overlay District to Serve the Abutting C-2 District, Case No. 2001-431 (the "Application") Dear Maria: This firm represents AT&T Broadband ("AT&T") which recently purchased the property located at 1305 N.W. 7h Court the location of the above -referenced Application. Due to the change of ownership, I am forwarding herewith a certified copy of the Warranty Deed, a revised Disclosure of Ownership and Owner's List in anticipation of the April 22nd Zoning Board hearing on the Application. Please call me if you have any questions concerning the foregoing. Thank you for your continued assistance in this matter. m ZI Lill'. Enclosures cc: Ms. Lucille Librizzi Mr. Sean Hendrix Mr. Dave Murray Jean -Charles Dibbs, Esq. Judith A. Burke, Esq. MIADOCS 500906.1 AJB 02- 594. 1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • MIAMI (305) 358-6300 • FACSIMILE (305) 381-9982 • WEBSITE: www.shutts-law.com MIAMI FORTLAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON SHUTTS BO EN LLP ATTORNEYS AND COUNSELLORS AT LAW February 7, 2002 VIA HAND DELIVERY Ms. Teresita Fernandez Chief, Office of Hearing Boards The City of Miami 444 S.W. Second Avenue Miami, Florida 33130 RE: Application for Special Exception Approval of Surface Parking in an SD -12 Special Buffer Overlay District Dear Teresita: This firm represents AT&T Broadband ("AT&T"), the prospective purchaser of property located at 1305 N.W. 7`' Court (the "Property") (See Exhibit "A"). On July 26, 2001, via Resolution No. 01-784 (See Exhibit `B"), ATT obtained a Special Exception approval to construct and operate an 89 -space parking lot to serve its customers and employees (the "Proposed Lot"). In addition to that Special Exception approval mentioned above, AT&T also obtained a Comprehensive Neighborhood Plan Amendment and the Zoning Atlas Amendment in order to provide proper access to the Proposed Parking lot. (See Exhibit "C"). This application is to obtain a Special Exception approval for the Property, which was not included in the original Special Exception application. With this approval, AT&T will be able to provide its customers an additional ten (10) parking spaces, for a total of ninety-nine (99) parking spaces. AT&T currently owns all the property located on Block 6 of Highland Park, less portions of Lots 9,10 and 16. Lots 1 through 8 are zoned C-2, Liberal Commercial (the "Commercial Parcel") and Lots 11-16 and portions of Lots 9, 10 are zoned R-2, Two -Family Residential, with an SD -12 Special Overlay District (the "Vacant Parcel"). (See Exhibit "D"). Pursuant to Section 612 of the City of Miami Zoning Code (the "Code"), the SD -12 district "is intended to create [a] buffer area between residential and nonresidential districts... where a residential lot shares a common lot line with (or is separated only by an intervening alley)." Additionally, "[b]uffer overlay districts may be developed as parking lots in combination with adjoining commercial, office or industrial lots to allow greater flexibility in development of [the] land." Thus, in accordance with the Code, the City approved ATT's request to develop the Vacant Parcel with.a parking lot to serve the Commercial Parcel. 02- 594 1500 MIAMI CENTER - 201 SOUTH BISCAYNE BOULEVARD - MIAMI, FLORIDA 33131 - MIAMI (305) 358-6300 - FACSIMILE (305) 381-9982 - WEBSITE: wwwshutts-law.com MIAMI FORTLAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON Ms. Teresita-Fernandez February 7, 2002 Page 2 The Proposed Parking Lot, with the inclusion of the Property, continues to meet all setback, frontage and lot width requirements. Vehicular access remains restricted to N.W. 14`'' Street as allowed by the zoning and master plan amendments already obtained. A six (6) foot high wall will be constructed within the applicable setbacks and there will be no unenclosed storage of trash or garbage. Additionally, AT&T is not requesting any variances from Section 612 of the Code. AT&T has complied with all of the City's requests in planning for the construction of the Proposed Parking Lot and meets the criteria for a Special Exception. Therefore, we respectfully request your recommendation for approval of this application and thank you for your consideration in this matter. cc: Ms. Lucille Librizzi Mr. Mikael Bodendorf Mr. Sean Hendrix Mr. Dave Murray Lisa A. Landy, Esq. Jean -Charles Dibbs, Esq. Judith A. Burke, Esq. MIADOCS 475188.1 LAS 02 594 AFFIDAVIT Before me, the undersigned authority, this day personally appeared - Lillian A. Ser , who being by me first deposes and says: 1. 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 or modification of a classification or regulation of zoning as set out in the accompanying petition, 19 including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions 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. AT&T Broadband Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Sex, Esa. The foregoing instrument was acknowledged before me this 67* day of 20 D2 , by Lillian A. Ser, Esq., -as legal * who is person Il- known to mg or who has produced as identification and who did (did not) take an oath. * representative of AT&T Broadband. (Stamp Signature :- wn MY COMMMSIM r cc 751978 EXPIRES. July 12, 2002 02- 594 0 OWNER'S LIST Owner's Name AT&T Broadband ±/k/a Miami Telecomm ications, Inc. Mailing Address Annex PO Box 5630, Denver, Colorado oCode Telephone Number Legal Description: See P-xhibit "A" Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: 80217 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 1398 N.W. 7th Avenue Miami, rL HIC14Jk1ID :SARK DB 2-13, Lots 1 thru 8 less 724 N,wStii A�ldress� n� Meiami Street Address B17.5!�T and Less S5FT thereof for Block 6 See Ex1ega4,Pgscription Legal Description 4 02--` 594 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See Exhibit "A" for legal description. 1305 N.W. 7th Court 2. Owner(s) of subject real property and percentage of ownership. Note: 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. AT&T Broadband is a comoration whose stock is nubliciv traded on the New York Stock Exchange. Seg? Exhibit "C" 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. 1398 N.W. 7th Avenue - HIGHLAND DARK DB 2-13, Lots 1 through 8 less E17.5'_Ft and Less S5_'t thereof for R/W Block 6 _ 724 N.W. 14th Street - See Exhibit "B" Lillian A. Ser `_� Owner or Attorney for Owner Name er or Attomey forn r Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 12i day of April 20 02 by Lillian A. Ser who is personal) known to me -X as identification and who di (did%otake an oath. (Stamp MY EXPIRES: J t 2, 002 � EXPIRES: Juy 12, 2002 02- 594 EXHIBIT "A" Legal Description HIGHLAND PARK, POINT OF BEGINNING 2-13, beginning on the Southeast corner, Lot 9, West 49.5 feet, North 23.5 feet, West 3.2 feet, North 76.5 feet, East 52.1 feet, South 100 feet to the POINT or PLACE OF BEGINNING, Block 6. 1305 N.W. 70'Court, Miami, FL Tax Folio No. 01-3135-019-1090 Approximately 5,195 square feet. 02- 594 df� LEGAL DESCRIPTION OF THE FOLLOWING DESCRIBED LANDS IN BLOCK 6, "HIGHLAND PARK", CCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE UBLIC RECORDS OF DADE COUNTY, FLORIDA, TO WIT. LOTS 1 AND 2 EXCEPTING THEREFROM THE EAST 17.6 FEET AND ALSO EXCEPTING THAT PART OF SAID LOTS WHICH UES WITHIN THE EXTERNAL AREA FORMED BY A 60.11D FOOT RADIUS ARC CONCAVE TO THE SOUTHWEST, TANGENT TO THE NORTH WITH THE NORTH BOUNDARY OF SAID LOT 1 AND TANGENT TO THE EAST WITH A LINE THAT 13 PARALLEL TO AND 17.6 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLE TO, THE EAST BOUNDARY OF SAID LOTS 1 AND 2, SAID EXCEPTIONS IN ACCORDANCE WITH STATE OF FLORIDA DEPARTMENT RIGHT -0F -WAY MAP FOR NORTHWEST 14TH STREET AS RECORDED IN PLAT BOOK 101 AT PAGE 14, SHEET 4 OF 6 SHEETS, OF THE PUBUC RECORDS OF DADE COUNTY, FLORIDA, ALSO LOT 3, LESS AND EXCEPT THE EAST 13.60 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO LOT 4, LESS AND EXCEPT THE EAST 13.20 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO LOT 6, LESS AND EXCEPT THE EAST 13.00 FEET THEREOF, DEDICATED TO THE CITY OF -MIAMI FOR ROADWAY PURPOSES. ALSO LOT 6, LESS AND EXCEPT THE EAST 13.20 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO LOT T, LESS AND EXCEPT THE EAST 12.76 FEET THEREOF, ZEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO LOT 6, LESS AND EXCEPT THE EAST 12.60 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO THE WEST T6.6 FEET OF LOT 9, LESS AND EXCEPT THE EAST 3.20 FEET OF THE NORTH 26.6 FEET THEREOF. ALSO THE WEST T2.9 FEET OF LOT 10. ALSO ALL OF LOTS 11 THROUGH 16, BOTH INCLUSIVE. ALSO LOT 16, LESS AND EXCEPT THE WEST 79 FEET THEREOF. ALL OF THE FOREGOING SUBJECT • TO ANY DEDICATION, LIMITATIONS, `RESTRICTIONS, RESERVATION OR EASEMENTS OF RECORD. ! LESS ; ALL OF FOLLOWING DESCRIBED LAND IN BLOCK 6, "HIGHLAND PARK", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC f RECORDS OF DADE COUNTY, FLORIDA TO WIT. 1 THE WEST 13.6 FEET OF THE EAST 17.6 FEET OF LOT 2. ALSO THE EAST 4 FEET OF LOT 3, LESS AND EXCEPT THE EAST 13.60 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO THE EAST 4.3 FEET OF LOT 4, LESS AND EXCEPT THE EAST 13.20 FEET lTHEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO THE EAST 4.6 FEET OF,LOT 6, LESS AND EXCEPT THE EAST 13.00 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO THE EAST 4.3 FEET OF LOT S. LESS AND EXCEPT THE EAST 13.20 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO THE EAST 4.76 FEET OF LOT 7, LESS AND EXCEPT THE EAST 1276 FEET THEREOF, DEDICATED TO THE CITY OF MUM FOR ROADWAY PURPOSES. ALSO THE EAST 4.7 FEET AND THE SOUTH 6 FEET OF LOT 6, LESS AND EXCEPT THE EAST 12.10 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES. ALSO THE SOUTH AND THE WEST 6 FEET OF THE WEST 76.6 FEET OF LOT 9, LESS AND EXCEPT THE EAST 3.20 FEET OF THE NORTH 26.6 FEET THEREOF. ALSO THE WEST S FEET OF THE WEST 729 FEET OF LOT 10. +( ALSO THE WEST 6 FEET OF LOTS 11 THROUGH 16. 02- 594 h13 EXHIBIT "C" MIAMI TELE -COMMUNICATIONS, INC. AT&T Corp.* 100% Voting Common Stock Tele-Communications, Inc. 89.792% Voting Common Stock TCI Holdings, Inc. - 100% Voting Common Stock TCI Southeast, Inc. *** 100% Voting Common Stock TCI Cablevision of Florida, Inc. 100% Voting Common Stock Miami Tele-Communications, Inc. *AT&T Corp. is a corporation whose stock is publically traded on the New York Stock Exchange. IT has more than 1,000 shareholders. ** The remaining percentage of TCI Holdings, Inc. is indirectly owned 100% by Tele- Communications, Inc. and is directly owned as follows: •1.528% by TCI Cable Investments, LLC •.174% by TCI Cablevision Associates, Inc. •6.937% by TCI Development, LLC * 1.476% by Liberty of Greenwich, Inc. * .093% by Liberty Capital Corp. "*** The non-voting common stock and the preferred stock is held by TCl TKR of Wyoming, Inc., which is indirectly wholly owned by Tele-Communications, Inc. 02- 594 This Instrument Prepared By: Name: STEPHEN S. SIEGEL, ESQ. Addr 7411 Miami Lakes Drive Miami Lakes, Florida 33014 STATE OF FLORIDA, COUNTY OF DADS I HEREBY CERTIFY that tins IS a 1,,e copy pt me 1/ ri• ongmal hled ,n tn,s o"n coq e✓1 v. rrlp i$ mY na. d and otnGal Seal. H.dt'w.:Y RUVIN CLER olCnc:,,raiCounrYCouns BY ,4 t- - ( it:!. r )0.00 15'7 5D - 02R222973 2002 APR 11 10:02 DOCSTPDEE 210.00 SURTX 157.50 HARVEY RUVIN, CLERK, DADE COUNTYr FL WARRANTY DEED (STATUTORY FO SECTION 689.02 F.S.) TMS INDENTURE, made this day of rl/ , 2002, BETWEEN GERTRUDE ARMBRUST, A SINGLE WOMAN, By DONALD J. ARMBRUST, HER ATTORNEY-IN-FACT of the County of Niagara, State of New York, grantor*, and MIAMI TELECOMMUNICATIONS INC., A FLORIDA CORPORATION whose post office address is: .188 INVERNESS DR. WEST, ENGLEWOOD , CO 801,12 grantee*, WITNESSETH, That said grantor, for and inconsideration of the sum of ($10.00) TEN AND 00/100----- _______ DOLLARS, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: (FOLIO: 01-31350191090) PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF To Have and to Hold, the same in fee simple forever, And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. * "Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: t • Witnesses: Grantor sign sign be-nolel -4. ArAA&kknJS'1 A^TVC7AvW1j print print GERTRUDE ARMBRUST BY DONALD J. ARMBRUST HER ATTORNEY-IN-FACT address: 2753 LaSalle Ave. Niagara Falls, New York 14301 sign print(/ STATE OF FLORIDA COUNTY OF MIAMI-DADE ) nt� The ��ing instrument was acknowledged before me this o day of 2002, by DONALD J. ARMBRUST, who produced his Florida Driver's License as identification. NOTARY PUB AOFFJCLAL N -0 -TA -KY -SEAL sign STEMMSStEW NOrARYPURMSTATBOFR MIUCIA 0DMMB51oN No. CCA75W print MYODMMH90N ExROCt State W Florida at Lar (Seal) C� 02- 594 ,�` EXHIBIT "A" LAND DESCRIPTION - All that part of Lots 9 and 10 in Block 6 of HIGHLAND PARK SUBDIVISION according to the Piat thereof recorded in Plat Book 2 at page 13 of the Public Records of Miami -Dade County, Florida, more particularly described as follows, to -wit: Beginning at the Southeast corner of said Lot 9 and thence running Westerly along the Southerly boundary of said Lot 9 for a distance of 49.5 feet to a point; thence running in a Northerly direction a distance of 23.5 feet to a point; thence running West- erly for a distance of 3.2 feet to a point; thence in a northerly direction a distance of 76.5 feet, more or less, to the North line of said Lot 10; thence easterly along the North line of said Lot 10 a distance of 52.1 feet to the Northeast corner of said Lot 10; thence in a Southerly direction along the East boundary of said Lots 10 and 9 a distance of 100 feet to the point of beginning. 02- 594 1306 N W 7 AVENUE _ R-2/TWO FAMILY RESIDENTIAL WITH SD -12 SPECIAL BUFFER OVERLAY DISTRICT SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Scheduled District Regulations, to allow parking on an SD -12 Overlay. This Special Exception includes a Class I Special Permit for substantial modification to an existing facilities including ten or more spaces, ref Art 9, Sec 917.4. "Subject to Unity of title for parking on lots separate principle use. "Subject to Commission Approval. i:r '3 McPhee Date Zoning Inspector II 02- 594 1 ML- NW 7iH COURT - j314.99 AM IA i j I _ - —.— I ----- I PROPOSED IA, R a R - I PARKWQ, VP s o G� I© ®` I I I O A E%8G P TNG ,Av a I r iRc-swR . u a vui.w s Bio,emi`I I , ° ' NW. 7TH AVENUE ' -MIL - — — — - - — — -- - -- — -- -- — -- -- -- — — — — aL 6�> 4QE-11Eri lworot . > . uu a urAo+o Ero>r ��y� OUFiR f, NEW W�.EEL STOP DETAILS �.. TTPICAL STR�PIIG L.AIOVT SffE-PLAN WHITE ON BLUE — BLI K.OET PIIS W/.- HANDICAP SIC i w N LOCATION SKETCH. ..W8. LEGAL DESCRIPTION ZONING CALCULATIONS z aAssB�cAnaR sB-ix a c -x LO1 Sf. (GROSS) 5)3745F Eor s.f. (R[I) Te.6r sr. ASPHAli SE x1,641 sF. GREEN MEA Sf. 19.06) sf. 1— �AUS �. SPACES nc. 4 onus store � . 1 -o Ia • an (AT Calc Mwl ALTERUATE. CBVIRA—wr PRGPos[ 10 A—%0/ua orBR ABNCARB CpNBER FALL AS 1pa AS 11 B[[F6 Sr B.C. aN � ao yW � UZ H O w z W a ��A^ z w pMAA 4a 0 u�ip W .. 11 ro O z O Ix �� tz 3a «w N= 4 ID store � . 1 -o Ia • an (AT Calc Mwl ALTERUATE. CBVIRA—wr PRGPos[ 10 A—%0/ua orBR ABNCARB CpNBER FALL AS 1pa AS 11 B[[F6 Sr B.C.