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Home My WebLink AboutO-12033J-01-137 02/14/01 12033 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 37 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM 0 OFFICE TO C -1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 195 SOUTHWEST 15TH ROAD, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of January 22, 2001, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 2001-0400, by an eight to zero (8 to 0) vote, thus constituting a RECOMMENDATION OF APPROVAL for a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 5 L> $„ ii M 1' a, CONTAINED it"l°' Z to 12033 • Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from O Office to C-1 Restricted Commercial for the , property located at approximately 195 Southwest 15th Road, Miami, Florida, as legally described in "Exhibit A," attached hereto and made a part hereof. Section 2. It is found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; Page 2 of 4 12033 (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 37 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. 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. 2 t3 Page 3 of 4 ® • Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.318797(3)(c), Fla. Stat. (2000)." PASSED ON FIRST READING BY TITLE ONLY this 22nd day of February 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 29th day of March , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Wnlor did not in*di^ate a Gnro rl of this 'tegis!,ation by sir in t in the csi ,^d + "i .Jii6 i./ ( 8 G! �i!%,:c y'?.ic: k'; '.h'=ti,. bt?Ge^niC� t.f :^:14 k? k 'i; 1 f i � � C-''!; ; -ri C" on ( t / Z , � nl i ii uil CC;i'' '�5tCr1 t:Y r7 regardin j same, without dia NllayC G!(�'rC �in+Q 'o.✓7 Fawn, city clerk ATTEST: WALTER J. FOEMAN CITY CLERK APPROV AS O RM AND CORRECTNESS:v ' J O LARL T ATTORNEY 013:YMT:nr:BSS 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. 12033 Page 4 of 4 • EXHIBIT "A" LEGAL DESCRIPTION • That portion of Lots 3 and 4, Block 97 South of "MAP OF MIAMI," according to the Plat thereof as recorded in Plat Book "B" at Page 41 of the Public Records of Miami -Dade County, Florida, lying West of the West line of the Metro Rail as shown on the Plat. "North Corridor Right -Of -Way Map" as recorded in Plat Book 124, at Page 20 of the Public Records of Miami -Dade County, Florida containing 12,903.65 square feet or .0296 Acres. MIADOCS 369014.1 GMG 12033 PZ -10 ® SECOND READING t ZONING FACT SHEET Case Number: 2000-0385 Location: Legal: Applicant: Zoning: 22 -Jan -01 Item No Approx. 195 SW 15 Road (Complete legal description on file with the Office of Hearing Boards) BVT Development Partners II, LLP 201 S.Biscayne Blvd. Miami, FL 33131 App. -Ph: (305) 379-9146 O Office Judith A. Burke, Esq. 201 S.Biscayne Blvd. Miami, FL 33131 Rep. Ph: (305) 379-9146 ext Rep. Fa ext Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from O Office to C-1 Restricted Commercial. Purpose: This will allow a unified commercial development. Recommendations: Planning Department: Approval Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: NIA Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: On November 15, 2000, the Planning Advisory Board recommended approval to the City Commission of the Change of Land Use by a vote of 4-2. Analysis: Please see attached. Zoning Board Resolution No: ZB 2001-0400 Zoning Board: Approval Vote: 8-0 City Commission: Passed First Reading on February 22, 2001. 2 12033 0 - 0 ANALYSIS FOR ZONING CHANGE 195 SW 15th Road. CASE NO: 2000-0385 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordi- nance of the City of Miami, Florida, the subject proposal for an amendment to the Zoning Atlas has been reviewed as follows: The request is to change the Zoning designation as follows: Lots 3 and 4, Block 97 South of "MAP OF MIAMI", according to Plat Book "B" at Page 41, from O "Office" to C-1 "Restricted Commercial'. The following findings have been made: • It is found that immediately adjacent to the northeast and east there is an area designated "Restricted Commercial". • It is found that the change to "Restricted Commercial" will represent an extension of that category. • It is found that the requested change to "Restricted Commercial" will increase the possibility of the subject property being developed and enhanced in a manner that will directly benefit the adjacent area. • It is found that the requested zoning designation change is not inconsistent with the underlying land use designation and therefore it does not require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. ANALYSIS FOR ZONING CHANGE CASE NO. 2000-0385 Yes No N/A 7'. 7 ❑ In harmony with Comp. Plan; does not require -amendment. 0 ❑ ❑ In harmony.with established land use. 0 ❑, ❑ Is related to adjacent and nearby districts. W� ❑ ❑ Is within scale with needs of neighborhood or City. O ❑ ❑ Maintains similar population density pattern. ❑ 0 ❑ Existing district boundaries are illogically drawn. ❑ W ❑ Changes or changing conditions that make change necessary. W-1 ❑ ❑ Positively influences living conditions in neighborhood. F ❑ ❑ Has similar impact on traffic; does not affect public safety. 7 ❑ ❑ Has similar impact on drainage. 0 ❑ ❑ Has similar impact on light and air to adjacent areas. ® ❑ ❑ Has similar impact°on property values in adjacent areas. ❑ ❑ Contributes to improvement or development of adjacent property. W ❑ ❑ Conveys same treatment as to owners within same classification. W-1 ❑ ❑ Property is unfairly limited under existing zoning. W ❑ ❑ Difficult to find other adequate sites in surrounding area. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 71 12033 Miami Zoning Board Resolution: ZB 2001-0400 Monday, January 22, 2001 Mr. Ricardo D. Ruiz offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 37, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM O OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 195 SOUTHWEST 15TH ROAD, LEGALLY DESCRIBED AS THAT PORTION OF LOTS 3 AND 4, BLOCK 97 SOUTH, MAP OF MIAMI (B-41), LYING WEST OF THE WEST LINE OF THE METRORAIL AS SHOWN ON THE PLAT "NORTH CORRIDOR RIGHT-OF-WAY MAP" (124-20), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED O OFFICE. Upon being seconded by Mr. Rodolfo De LaGuardia, the motion was passed and adopted by the following vote: Mr. Rodolfo De La Guardia Yes Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguzza Yes Ms. Ileana Hemandez-Acosta Abst Mr. Humberto J. Pellon Null Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes Ms. Fernandez: Motion carries 8-0 AYE: 8 NAY: 0 ABSTENTIONS: 1 NO VOTES: 1 ABSENTS: 0 Teresita L. Fern ndez, Chief Office of Hearing Boards Case No.: 2000-0385 Item Nbr: 2 12033 '" CTION 22 10. NATURE AND REOUHMMNTS OF ZONING BOARD REPORT TO CITY COMMISSION (CIRCLE APPROPRIATE CONDITIONS) When pertaining to the rezoning of land under application made under Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered, where applicable, whether or not: (a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment; (b) The proposed change is in harmony with the established land use pattern; (c) The proposed change is related to adjacent and nearby districts; (d) The change suggested is not out of scale with the needs of the neighborhood or the city; (e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; (g) Changed or changing conditions make the passage of the proposed change necessary; (h) The proposed change positively influences living conditions in the neighborhood; (i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; (j) The proposed change has the same or similar impact on drainage as the existing classification; (k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification; (m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; 12033 (n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare; (o) There are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. (MOTION) After considering the factors set forth in Section 2210 of Ordinance 11000, I mQye that the request be recommended to the City, Commission for PRO (DENIAL). Signature Agenda Item Date 120,33 2 S S. W. 8 S 5.L. 7 S6 a SS � eRE • n zo la W n 1, I• Ie it l• 20 tl xt 23 a • l0 ,t I• 1 O in IW. 11 T. S.W. 9 ST S -.-E. ST to 9 3 to SO ,• Q ,, 12 ' • 1 J e } 7 a r IU D o 13 71 • fe 1• Ir If 14 Is R is to t0 tI at as t f3 fp fe lop: — — 1, I• ST S.W. 10 S T Q S 3 x II , e r • s • I C S I 12 � s• _•_ • � °pPa CI T Y e , - Ic ST S QN +' t �O p• ' >, to S Pit 90 I » Is ie Ir Is a SOUTHSIDE ELEM. SCzl zz 23 :o •e 3, He I i HOOL �'—$ T. S.E. 13 ST. Se »o � fo fo 3 O ,� C - P.• 1` 2 'q9 e r e s• x l' w O Si 'pQ So �• 1or 7 94 a ° `•° `, •� 1112 13, I• I, 1. 17 u 3 I, le 17750 201: 100 ° b ° S. W. 14 ST' , � sy ..1 i /' . yy t ` .°• V 97 7 9 3 I QF_ten J `7•�. SLB, _�• ♦ y $ . qoo ;(4 .•'> ♦• ♦1 10 96 R 8 ' 0 S.W. 14 TERR. �" ° U rgq�PA< '' t o � , _�• w � ti s ego ca„ 4 + `6 • 4 A + , `e PG< 407 �\/Ilk ,ec �5 4'i�r' ,e,e ° _ n. O /0 • I Z1 O lcr e � ♦♦ y° .Pt ° S ` '`• ° ��.. \ PPP • �> FA�,� + f` "k g • 4 � t ♦ V d • ti \`e e e r Is dp! s 1° y' �2-033 O y wwmavw�—, Z4, ROY, V*l 4T �77 Ae Ar 41—A& CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2nd Avenue • Miami, Florida 33130 • 305-416-2030 APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT 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 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. 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. 1, Judith A. Burke, Esq., on behalf of BVT Development Partners, II,LLP hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 195 S.W. 1 5th Road, Miami, FL 33130 2. Folio number. 01-02-090701030 3. Two original surveys prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 4. Surveys need to be stamped by the Office of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submittal of application. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 6. Certified list of owners of real estate within a 375 -foot radius of the outside boundary of the subject property (see pages 5 and 6). 7. At least two (2) photographs that show the entire property (land and improvements). 8. Present zoning designation(s): of f ; ne 12033 9. Future zoning designation(s): C-1 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Statement explaining why present zoning designation is inappropriate. The Owner of the .Property would like to provide parking to a currently operating commercial establishment?Publix Supermarkets, Inc.,located in a C-1 zoning category. The Office zoning category does'not allow 12. Statement as to why proposed zoning designation is appropriate. A C-1 category would allow the Owner to provide parking to an adjacent currently operating commercial establishment. 13. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 14. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, O, G/l, HP per square foot of net lot area $ .20 Minimum $ 750.00 C=1, C-2, i, per square foot of net lot area $ 25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *parking for uses that are not.an accessory use to an office building or other permitted use. Signatu Name Judith A. Burke, Esq. Shutts & Bowen LLP' Address 1500 Miami Center Biscayne Boulevard Miami, FL 33131 Telephone (3 0 5) 379--.91.46 ' Date October 2, 2.00.0 2 12033 0 1 0 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 4 2000 , by Judith A. Burke known to me or who has produced as identification and who q!d idid not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE _ day of October _ who is personally U A77. A MY The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) ***************** STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature 3 12033 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Judith A. Burke 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. 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. Applicant's Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this T day of October 20 00 , by Judith A. Burke who is personally known to me or who has produced asidentification and who did (did not) take an oath. / (Stamp) 6j4aire 0, II I O ADYSEAL £.i NTA C=iFISTI.'.",I COMMISSION :• s 3. CCy ,) MY COMMISSION EXP. FEB. 21 n3 - 12033 Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description nfa Street Address Street Address Legal Description Legal Description 4 12033 OWNER'S LIST Owner's Name BVT Development Partners, II, LLP c/o Judith A. Burke, Esq., Shutts & Bowen LLP Mailing Address 201 S. Biscayne Blvd. Zip Code 33131 Telephone Number 305-379-9187 Legal Description: See Exhibit "A" attached hereto and incorporated herein by reference. Owner's Name n / a Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description nfa Street Address Street Address Legal Description Legal Description 4 12033 C DISCLOSURE OF -OWNERSHIP 1, Legal description and street address of subject real property: See Exhibit "A" attached hereto and incorporated herein by reference. 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. See Exhibit "E" attached hereto and incorporated herein by reference. 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. n%a Owner or Attorney or Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of October 20 -o -a--, by 7udi th A ELrKe who is personally known to me or who has produced as identification and who did (did not) take an. oath. to (Stamp) i atur o. ICLA_ s aB,MY C01VINUSS.LN'. 12033 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lots 3 and 4, Block 97 South of "MAP OF MIAMI," according to the Plat thereof as recorded in Plat Book `B" at Page 41 of the Public Records of Miami -Dade County, Florida, lying West of the West line of the Metro Rail as shown on the Plat. "North Corridor Right -Of -Way Map" as recorded in Plat Book 124, at Page 20 of the Public Records of Miami -Dade County, Florida containing 12,903.65 square feet or .0296 Acres. MIADOCS 369014.1 GMG 12033 Exhibit "B" Disclosure of Ownership National Partners, LP (owned by Harald von Scharfenberg) Harald von Scharfenberg Leopoldstrasse 7 D-80202 Munich Germany Ownership Percentage 62.5% PFC Investment Company, LLC (owned by Frank Pridgen) Frank Pridgen c/o BVT Development Corporation VA' 30 Riverwood Parkway. Suite 1500 12033 IMAGE01 : FL -00-121207-2 09/011200* 3:57am Rk 19115p� 1 Zpg trotr McGatm W006.Halft&800tbo. UP 285 ilftft a caw'k m sults = Adma. GoorsW 3030 WARRANW DEED • 0OR2346958 2000 MAY I8 09:29 DOCSTPDM 71=.00 SURTX 5s400.00 HARVEY RWIN► CLERK DADE COUNTY+ FL THIS ]NDENTURE, made this 17th day of May, 2000, between, BRICIELL ROADS CORPORATIOD), a Florida coporadion, whose post office address is 1399 S.W. First Avenue, #400, Miami, FL 33130 beteina8er called grantor, and BVT DEVELOPMENT PARTNERS D, L•L•P., a George !hnited liability partnership, whose post office address is 3350 Riverwood Parkway, Suite 1500, Atlanta, GA 30339, hereinafter called grantee. WITNESSETH, that the grantor, for and in consideration of the sum of ten dollars and other good and valuable considerations paid to grantor by grantee, receipt whereof is hereby admowledged, has granted, bargained and sold to the grantee and to the heirs, suaxs = and assigns of the grantee, in fee simple forever, all that certain land situated in Miami -Dade County, Florida- That loridaThat portion of Lots 3 and 4, Block 97 Soulk of "MAP OF MIAMI," according to the Plat thereof as recorded in Plat Book `B" at Page 41 of tine Public Rrcords of Miami -Dade County, Florida, lying West of the West line of the Metro Rail as shown on the Plat "North Corridor Right -of -Way Map" as recorded in Plat Book 124, at Page 20 of the Public Records of Miami -Dada County, Florida Folio No.: 01-02-090701030 SUBJECT TO: 1. Taxes for the current and subsequent years; and 2. Conditions, restrictions, easanettts, limitations, reservations and zoning ordinances of record. Tft kobw a a pepxW by Howard R. Scharttn. Esq. MRM*) HOWARD R. SCKAM N. AUMW at Law • 1399 S.W. FW Avarnra. 4th FbM. Mi . FL 33130 s tat. (305) 358-4333 11 Page 1 of 2 1203-3 IMAGE01 : Fi,-00-121207-2 09/01/2000 :57am • Ricf 91 15PG 15P ( 209 TOGETHER with all tenements, heves and appintenanoes thereto belonging or in anywise appy& TO HAVE AND TO HOLD, the same in fee simple forever. AM the Grantor hereby covenants with said Crantm that the Grantor is lawfWly 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 hereby fully warrants the title to said land and will defrad the same against the lawful claims of ail persons whomsoever; and that said land is fix of all auammbameM except taxes accruing subsequent to December 31, 1999. IN WM4ESS WHEREOF, the grantor has executed this instrument on the day and year fust above writtaL In the presence of: STATE OF FLORIDA COUNTY OF UMAM-DADS BRICKKU ROADS CORPORATION, a Florida corporation The foregoing instrument was acknowledged before me this / 7W- day of May, 2000 by Howard R. Sd=Hn as President of Brickelt Roads Corporation, a Florida corporation, on behalf of the corporation, who is personally known to me. My coon expires: AMMPW"roWCVL eameeoa ergo MAIM Raot ANOW MUM WARVEY RUVM a WCMCWC0LWr Notary Public, State ofFlori � Y 2 Page 2 of 2 = 12033