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R-01-0091
J -01-34(b) 01/25/01 RESOLUTION NO. 1 1 9 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.1.3, TO WAIVE 223 OF THE 223 REQUIRED PARKING SPACES FOR A PROPOSED BAR FOR THE PROPERTY LOCATED AT APPROXIMATELY 34 NORTHEAST 11TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON "EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF, CONDITIONED UPON (1) THE PARKING BEING RESTRICTED TO APPROVED PARKING LOTS, SPECIFICALLY EXCLUDING ABANDONED RAILROAD RIGHTS-OF-WAY, AND (2) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of October 16, 2000, Item No. 1, following an advertised public hearing, adopted Resolution No. ZB 2000-0381 by a vote of six to three (6-3), denying a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.1.3, to waive 223 of the required 223 parking spaces for a proposed bar; and CITY COINIMSISSION MEETIING OF L2JAN.Yi30A IVi4. 91 WHEREAS, the applicant has appealed the decision of the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the decision of the Zoning Board and to grant the variance; 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 City Commission hereby grants the appeal, and reverses the decision of the Zoning Board (Resolution No. ZB 2000-0381, adopted November 20, 2000), thereby granting a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.1.3, to waive 223 of the 223 required parking spaces for the property located approximately at 34 Northeast 11th Street, Miami, Florida, legally described on "Exhibit A," attached hereto and made a part hereof, conditioned upon (1) the parking being restricted to approved parking lots, specifically excluding abandoned railroad rights-of-way, and (2) a time Page 2 of 3 01— 91 limitation of twelve (12) months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.-'/ PASSED AND ADOPTED this 25th day of January r 2001. JOE CAROLLO, MAYOR rct inn �17,0�7 -j In -acccrdance with 11 fila 2 -3, 6 r c �,4 t n _y regarding same, vast, IUL;lt:� ATTEST:GES J, WALTER J. FOEMAN CITY CLERK APPROVED AS,, CORRECTNESSt/ ,VLXJAXDN� r VILARELLO CIT ATTORNEY 4980:YMT:nr:BSS 6 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 01— 91 ZONING FACT SHEET PZ -6 Case Number: 2000-0378 20 -Nov -00 Item No: 1 Location: Legal Applicant: Zoning: Approx. 34 NE 11 Street (Complete legal description on file with the Office of Hearing Boards) Diamond Back Development Corp. P.O. Box 01-1134 Miami, FL App. Ph: (305) 377-6235 C-1 Restricted Commercial Ben Fernandez, Esq. 200 S. Biscayne Blvd., #850 Miami, FL 33131 . Rep. Ph: (305) 377-6235 ext Rep. Fa (__) _ ext Request: Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Required Parking, to waive 223 of the required 223 parking spaces for a proposed bar (requiring a separate Class II Special Permit). Continued from Zoning Board hearing of October 16, 2000. Purpose: This will allow a parking variance for a new entertainment establishment within the Park West Entertainment District. Recommendations: Planning Department: Approval with conditions 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: N/A 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: Continued from Zoning Board hearing of October 16, 2000. Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-381 Qloning Board: Denial Vote: 6-3 Appellant: Ben Fernandez on behalf of Diamond Back Development Corp. 91 LAW OFFICES BERCOW & FRADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD BEN J. FERNANDEZ MIAMI, FLORIDA 33131 THEOPHILUS I. HARRIS DEBORAH L. MARTOHUE TELEPHONE (305) 374-5300 FAX (305) 377-6222 MICHAEL E. RADELL DIRECT LINE: (305) 377-6235 JANA K. MCDONALD OF COUNSEL VIA FACSIMILE AND U.S. MAIL November 28, 2000 Ms. Teresita Fernandez City of Miami Hearing Boards Section 444 SW 2nd Avenue Th Floor Miami, FL 33130 RE: Parking Variance - PH No. 00-0378 34 NE 11th Street Dear Ms. Fernandez: This law firm represents Diamondback Development Corporation with respect to the referenced application. The purpose of this letter is to appeal the denial of the application by the Zoning Board on November 20, 2000 to the City Commission. Please schedule this appeal for &,.e earliest available City Conau—isjlvn meeting. Please call me should you have any questions or comments. Thank you for your attention to this matter. Sincerely, I Ben Fernan ez BF/jb cc: Ms. Maria Faria 01- 91 ANALYSIS FOR VARIANCE 34 NE 11th Street. Case No. 2000-0378 Pursuant to Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variances as follows: Variance for parking: Required - 223 spaces Proposed - 0 spaces The following findings have been made: • It is found that the area in which the new use is proposed consists of many existing structures, which do not only lack parking, but are to a great extent abandoned. • It is found that the subject property consists of an existing legal nonconforming structure with no parking on site and it is also found that the proposed use is an appropriate adaptive reuse for the structure. • It is found that the proposed use is appropriate for this location within the downtown area due to its proximity to major public and entertainment facilities, which will benefit by having a supper club use nearby. • It is found that while there is no onsite parking, the parking demands will be met by existing nearby parking which also serves other downtown uses in a shared nature. In addition, the applicant has proposed to provide valet parking to its users in order to better utilize the nearby parking facilities. • It is found that the proposal complies with the hardship criteria which justifies the requested variance; it will not have an adverse effect on the adjacent area due to the particular nature of the use proposed, and that it is going to be used during evening hours when there is plenty of parking available in the area. • It is found that the grant of this variance, for the specific use that the applicant is requesting, is in harmony with the general intent and purpose of the Zoning Ordinance and is not injurious to the neighborhood upon compliance with the conditions set forth below. 0t-- 91 Based on these findings, the Planning and Zoning Department is recommending approval of the requested parking variance for the proposed use with the following conditions: 1. If a use other than which is permitted within the applicable zoning classification is discovered, the variance shall terminate upon a finding of guilt. 2. If the structure for which the variance is granted terminates for any reason (including an act of God) the variance shall terminate. 3. Recordation of these conditions in the Public Records (after review and approval from City Attorney's Office) at the expense of the property owner prior to the issuance of a building permit. ,I — ANALYSIS FOR VARIANCE CASE NO. 2000-0378 Yes No N/A W ❑ ❑ Special conditions and circumstances exist which are peculiar to the property. ❑ ❑ Special conditions are result of petitioner's actions. Fv� ❑ ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑.r ❑ ❑ Granting variance conveys same treatment to owner. ❑.r ❑ ❑ Variance, if granted, is the minimum variance for reasonable use of property. W ❑ ❑ Is in harmony with general intent and purpose of ordinance. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1- 91 Miami Zoning Board Resolution: ZB 2000-0381 Monday, November 20, 2000 Ms Ileana . Hemandez-Acosta offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.1.3, TO WAIVE 223 OF THE 223 REQUIRED PARKING SPACES FOR A PROPOSED BAR (REQUIRING A SEPARATE CLASS II SPECIAL PERMIT) FOR THE PROPERTY LOCATED AT APPROXIMATELY 34 NORTHEAST 11TH STREET, LEGALLY DESCRIBED AS THE WEST 19/100 FEET OF NORTH 125 FEET OF LOT 4 AND THE NORTH 125 FEET OF LOTS 5 AND 6 IN BLOCK 18 OF NORTH CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, MADE BY A.L. KNOWLTON C.E. (B-41), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Mr. Angel. Urquiola, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Rodolfo De La Guardia Mr. Charles J. Flowers Ms. Ileana Hemandez Acosta Mr. Humberto J. Pellon Mr. Juvenal Pina Mr. Ricardo D. Ruiz Mr. Angel Urquiola Mr. Georges Williams Ms. Fernandez: Motion carries 6-3 Yes Away Yes Yes Yes No No Yes Yes No AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 i , "-k A.14 Teresita L. F andez, Chief Office of Hearing Boards Case No.: 2000-0378 Item Nbr: 1 01- 91 ZONING BOARD ACTION ON PET ')N FOR VARIANCE MOTION: the request on Agenda Item # I be I (GRANTED) in that the requirements of Section 1903.1 (WERE) (WERE NOT) satisfied by relevant evidence in the record of the public hearing. (a) as stated in the City's finds or fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (HAVE BEEN) (HAVE NOT BEEN) demonstrated. CHECK ONE (a) Special conditions and ciratmstnces (EXIST) (DO O_ NOT EXIST) which are peculiar to the land, structure or STATEMENT' building involved and which are not applicable to other lands, structures, or buildings is the same zoning district 1) as stated in the City's findings of fact 2) as demonstrated by the petitions 3) as otherwise stated below. (b) The special conditions and circumstnces (DO) (DO NOT) result from the actions of the petitioner 1) as steed in the City's findings of fact 2) as demaosaseed by the petitioner 3) W otherwise steed bd cnr. (c) Literal interpretation of the provisions of zoning ordinance (WOULD) (WOULD NOT) deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and work ruts► and undue hardships on the petitioner 1) as stated in the City's findings of fact 2) as demcnstiated by the petitioner 3) as otherwise stated below: - 91 (d) Granting the variance requested (WELL) (WU.L NOT) convey the same t ==Cut to the individual owner as to the owner of other lands, buildings, or structures in the anent zoning district i) as stated in the City's findings of fact 2) as demoestrau I by the petitioner 3) as otherwise stated below: (e) Granting the varimm requested (WILL) (WILL NOT) convey the same triestment, any gxxdal privilege that is denied by the zoning ordinance, to other }antis, buildings or strucum in the same zoning district. (f) If granted the variance (WIM BE) (WILL NOT BE) in harmony with the general intent and purpose of the zoning ordinance, and will not be b*rious to the neighborhood, or otherwise detrimental to the public welfiue 1) as stated in the City's findings of fact 2) as danoost ated by the petitioner 3) as otherwise stated below: Agenda item 1 1 /Do Loo Date CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR VARIANCE 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. NOTE. 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 ANY BOARD OR COMMITTEE AND THE CITY COMMISSION. A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off- street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). Ben Fernandez, Esq. on behalf of I, Diamond Back Development Corporation, a Florida Corporation hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at 34 N . E . 11th Street folio number 01-01 01 0801 040 Nature of proposed use (please be specific): Parking variance In support of this application, the following materials are submitted: 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Office of Hearing Boards and signed by Public Works, Zoning and Planning prior to submission of application. 4. One (1) 8 '/z x 11 copy of the signed plans attached to this application. 5. Affidavit and disclosure of ownership of property covered by applications and disclosure of interest from attached to this application. 6. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered by the application. 7. At least two photographs that show the entire property (land and improvements). 8. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application): 10. Cost of processing according to Section 62-156 of the Zoning Ordinance: CS, PR, R-1, R-2, (single-family and duplex residential uses) Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot Minimum All applications for Variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended Minimum $ 250.00 $ 45.00 $ 700.00 $ .10 $ 650.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per Variance: CS, PR, R-1, R-2 $ 250.00 All other residential districts $ 450.00 All nonresidential districts $ 550.00 Extension of time for Variance $ 500.00 Public hearing mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from items 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 a property owner within three hundred and seventy-five (375) feet of the subject property. 2 11. The Variance request is for relief from the provisions of Section 401 of the City of Miami Zoning Ordinance as follows: 12. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) The Property is an existing warehouse building with 0 parking spaces. There is no land available on the site to provide parking. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The Property is developed with a warehouse that was not built by the petitioner. The petitioner intends to utilize the Property as a nightclub and will provide off-site parking for patrons. (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: There is no land available on-site to provide parking to the existing warehouse building. (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: To deny the zoning variance would constitue a hardship. 3 0, t - 91 (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: There is no land available on-site to provide parking to the existing warehouse building (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare in that: Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this application. Signature Name Ben Fernandez, Esq. Address 200 S. Biscayne Blvd. Suite 850 Miami, FL 33131 Telephone (305) 377-6235 Date 9/7/00 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of M� 20 (�) , by P -) - who is personally nown to mg or who has produced as identification and who did (, d Idjlojt take an oath. "O"h, Vanessa camp (Stamp) co�„n,;s;o„ 03181 Signature .7 E *w JWy 11.2003 STATE OF FLORIDA COUNTY OF MIAMI-DADE 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 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. 01- 91 JEFFREY BERCOW BEN J. FERNANDEZ THEOPHILUS I. HARRIS DEBORAH L. MARTOHUE MICHAEL E. RADELL JANA K. McDONALD OF COUNSEL August 2, 2000 Ms. Teresita Fernandez Public Hearing Section 444 SW 2nd Ave Miami, Florida 33130 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 DIRECT (305) 377-6235 Re: Parking Variance for 34 N.E. 111h Street Dear Ms. Fernandez: TELEPHONE (305) 374-5300 FAX (305) 377-6222 This law firm represents Diamond Back Development Corporation ("Applicant"), owner of the above referenced property located at 34 N.E. 11th Street ("Property"). This letter shall serve as the Applicant's letter of intent with respect to the attached application for a variance of the parking requirements in order to permit 0 parking spaces in connection with the Property. The Property is presently developed with a warehouse building that occupies most of the parcel. There is no room for parking on this site. Recently, this area has been approved as a specialty district that permits nightclubs. The Owner of the Property intends to utilize the warehouse building as a nightclub. Accordingly, the Applicant requires a parking variance. Should you have any questions regarding this Application, please do not hesitate to call me at 305-377-6235. S' erely, r' I Ben Fernandez BF/jb 191 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez who being by me first duly sworn, upon oath, 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 Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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 pages attached hereto and 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. STATE OF FLORIDA COUNTY OF MIAMI-DADE 44 - __ _iq-,A plicant's Signature The foregoing instrument was acknowledged before me this day of st-f)-t"enyA2ew, 20 00 , by &fl (�e_rw&Met7 partner (or' agent) on behalf of 'Di&,w� 6k_ 9eyeL6bmeput C" • a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. ,l;;� ► • LISA C. BROOKS `� My COMMISSION # CC 858829 dThIm Iiw 2003 Bona NotJuly undewte. J�_ALY� Name: Notary Public -State of Florida Commission No.: My Commission Expires: �- 91 OWNER'S LIST Owner's Name Diamond Back Development Corp Mailing Address P.O. Box 01 -1134 Zip Code Telephone Number 305-377-6235 Legal Description: See attached WarrantyDeed Owner's Name 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 N/A Street Address Street Address Legal Description Legal Description 6 01— DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: The West 19/100 feet of the North 125 feet of Lot 4 and the North 125 feet of Lots 5 and 6 in Block 18 of North City of Miami, Florida, according to the Plat thereof, made by A.L. Knowlton C.E. according to the Plat thereof, recorded in Plat ],look e. B, Pa 41 of the Public Records of Miami -Dade County, FL. 2. uwner(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. Diamond Back Development Corp. 1007 Dean Panton 1007 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. None. O ner or Attorney or Ow r STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this I" day of A/7P�h�Gj� 20 00 , by &n rea partner (or agent) on behalf of 12'lam6Y qLk. rX Q2wwn+-60X- a partnership. He/She is_o=nallw„known to me or who has produced as identification and who did (did not) take an oath. Nam Notary Public -State of Florida Commission No.: My Commission Expires: USAC. BROOKS MY COMMISSION # CC 856629 EX Nyy� 2003 undemcters P Smod hruotary Nam Notary Public -State of Florida Commission No.: My Commission Expires: 'EF 19118PC 147'' 0OR240921 2000 MAY 19 13:50 DMSTPDEE 4.380.00 SURTX 3,285.00 HARVEY RUVINr CLERK DADE COUNTY. FL RETURN TO AND PREPARED BY: LAW FIRM OF BARRY R. COHEN 111 SW THIRD STREET, PH Miami, FL 33130 MOM= .VaW4C"L ReCOM3 DOM Folio Identification Number(s): of OADE COUN" ROPIOL n�rorm o Grantees[ NMI/EY RUVIN WARRANTY DEED�+w�wgWr► THIS INDENTURE, Made this 1 1 day of IN deer A. D. 2000, Between BARRY R. COHEN, OFELIA OSIN-COHEN, PAUL RAYMOND, HALLLI"E'JOYRRAYYMMOND, of the County of Miami - Dade, in the State of Florida, parties of the first part, and Diamond Back Development Corporation, a Florida Corporation, of the County of Miami -Dade in the State of FLORIDA, whose post office address is P.O. Box 01-1134, Miami, FL 33101, party of the second part WITNESSETH, That the said partiesy of the first part, for and in consideration of the sum of TEN AND NOM 00($10.00)—DOLLARS, to them in hand paid by the said pedies/y of the second part, the receipt whereof is hereby admowledged, has granted bargained and soli to the said part of the Second part, her heirs and assigns forever, the following described land situate, and being in the County of MIAMI-DADE, State of FLORIDA, to -wit: The West 19/100 feet of the North 125 feet ofLot 4 and the North 125 feet of Lots 5 and 6 in Block 18 ofNorth City ofMtami, Florida, according to the Plat thereof, made by AL Knowlton CE accordrng to the Plat thereof recorded in Plat Book B, Page 41 of the Public records ofMiami Dade County, Florida And the said partiesy of the first part do hereby fully warrant the We to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said partiesty of the first part has hereunto set his hand and seal the day and veer fest above written. Signed, sealed and delivered In the presence of: ESS:6ir✓T jrwd-dea YVITNESS:&, ,✓A +&" est/ i ATIMN ESS: M•.:�L i wn'R ESS: F"X STATE OF FLORIDA, COUNTY OF MIAMI-DADE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the County aforesaid to take acknowledgments, personally appeared BARRY R. COHEN, OFELIA OSIN COHEN, PAUL RAYMOND, and HALVE JOY RAYMOND. Who executed the foregoing instrument and he/sheRhey acknowledged before me that he/sheRhey executed the same and said person is persorpily known to me or produced as identification. WITNESS my hand and official .2000. _. My Commission Expires: It—It? - and $tate last aforesaid this 1X day of ..t tat (it-u-�%►�t� NOTARY PUBLIC, State of Florida 01- 91 LOCATION MAP SCALE NTS I N E i E VP r 1 j R I � 1 I < ' MUNI CIPRL 111 I 6 hr• � __ __ ID � y L'E OES.:r.'M: E HEST 19/ W FCCT DP ME NORM 123 FEET.L. LOT 4 MD ME NORM ITS FEET OF LOTS S AND 6 N BLOCK 16 O NORM CITY O MIME• FLORIDA, ACCDRCHG TO ME PUT THMOF, MADE BY AL NNOMLTON CE. ACCORDING TO ME PUT THEREOF. RECORDED N PUT BOOL B, PAGE 41 OF THE PUBLIC RECORDS OF WADI -DADS CWIW FLORV& LEGAL DESCRIPTION PREPARED BY UW FAM OF BARRY R. COHEN 11 SW. THIRD STREET. PH AND WRWSHEO BY CLIENT UN LESS IT BEARS ME S'MAMRE AND ME ORIGINAL RAISED SEAL OF FLORIDA LICENSED SURVEYOR AND MAPPER. MIS GRAW.NG SKETCH. PIAT OR MAP IS FOL INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. I HEREBY CiRt— THAT ME SURVEY OF ME ABOVE CAPTIONED MOPERN WAS CO/PUTEO UNDER MY RESPONSBLE CHARGE AND MEETS ME MINIMUM TECHWCAL STANDARDS AS SET FORM BY THE FLM JA BOARD W PROFESSION- AL LAND SURVEYORS IN EN" R 61012-6, FLOPOAMMIwSTRATIOS VE CO, PURSUMT TO SECTION 172.022. FLORIDA STATUTES. GENS. NOTES 1 O'wmSNE IS SUBJECT TO OPINION OF TIME. 2 EXAMINATION OF ME ABSTRACT OF TIRE WLL MAK TO BE MADE TO OEMPNINE [CORDED INSTRUMENTS. IF MR A GTNG MIS PROPERTY. 3) LOCATION MD xNER FATION Of UTILITIES M MO/OR ADJACENT TO ME NO PROPERTY MER[ NOT SEWPED AS SUCH INFORYARON WAS NOT REWESRD. O) AND/OR MARCH PUMTMM BLIC RECORDS HAS BEEN ME BY S OFFICE FACWRACY S) MS CERTIMAPON IS ONLY FOR ME LANDS AS DESCRIBED. R IS NOT A CERE (CATION OF nRE.ZOMNO. URNENTS.OI FREEDM FROM ENWMBRMCES. 6) ME FLORIDA ROOD INWRANCE RATE MAP. DATEO___-19_ PUBUSHED BY ME LIMITED STALES DEPARTMENT, OF MOIJ !G AND URBAN DEVELOPMENT. DE- LINEATES ME NERENI DESCRIBED LAND TO BE SIMATED WMR ZONE -- AIFBIIENAnMS. RES - REGISTERED LANO SURVEYG PRM PEAMMENT REFERENCE MONUMENT 0 D E ME 0' MMUR OR FEET 0' - SECONO OR RICH C - CLEAR NYE OW.. AD ELECTRIC - NORM E = SGUTH EAST W • PEST CISj- CONCRETE, BLttO, SMtt4 CONC - CONCRETE SET STORY W, • NUMBER BLDG.'- BUIID'nG R RAO,K A . ARM 0 - PELTA POB PONT O BED-10POC - PONT OF COMMENCE MM FINDI- FWHO ELEV '• ELEYAPON ELECT I• ELECTRIC SEC SECTION TMP TO— RG HMGE MANHOLE CB CATCH RAS.Y MEAS MCAWREO PB - PLAT BOOL P PAGE OP - METTLE IRM PIPE REG • NEGMAR STA- STAP.M TOP TOP OF PIPE PLP - IM2E0 UGIT POLE MP METAL POLE Cp CONCRETE POST R/W - RIONT OF WAY IT. SHEET FPLFLORIDA POWER MO LIGHT PAD - RADIUS N/D NAL AAD DISC XYD . H YDRANT PRC - Pd.YT K REVERS[ NRVANRE PCC PORT OF CMPWND CURVATURE PG • PONT OF WRVAMPi PT - PONT OF MRMLNAPON PI . PONT DF INTERSECTION WA • MATER METER PV - WATER VALVE - iSANIRON PEE ss 33 - SANITARY SENER MRP . CHAIN ' " FENCE B. - 8ARB 'OFFENCE ME - MORD FENCE LK - CBS WRED AND R Ill" ' - MEANREO MD RECORD KS - LYMSSONALT PLS I - PROFESSMK LAND SICIR MID NO . 1 - PROFESSIONAL SUNVEMOR MO YAPPER H010. �I- NO IOENTFICATIM NUMBER BOUNDARY m SURVEY MERE MAY BE ADODONAL RE—CTIONS AND DEDICATIONS MAT ME NOT SHOWN ON MIS WRAY AND MAY BE FOUND IN THE PUBUC RECORDS DE THIS CWNtt. RODO INFORMATION: COYMUMTY NUMBER .... ✓�P�3>_ PANEL NUNBER........._pJ2 SUEITO.......... DATE OF FIRM......... FIRM ZMC............__1� BASE ROOD ELEVAOON..—=_ DATE FIELD YARN....... L. q- DATE DRAFTING- . S'ON OAif EO MO SULEO__2i.P2__ aCMI- ICT - a BH 100.114' N111 e t -I In N 8 �� 000 BOB ORO ° tlpge 4r 4r 9r � qM e7 Cop i Cop I Oop I pop I i Bpr I I Dance I BOr � i I Floor on A i em 100go cism Om - m0 �� r wo /J rm m0 00 opQj' db db .po �o ❑Op ®Op am ®�®00❑Cop 0o300000 so ;mo 8999® o ®nn oM.. nnn o 000000 og 000CIO Om mo❑9❑ o9®❑am ; pop o0 Cop 00 ©O®pOp OO r E3Op m0 100314' Firb F.00r Plon 00❑ 000000 mmm HBODQ 6.mm 4 000 BOB ORO ° tlpge 4r 4r 9r � qM �o 19 13 go ❑m mo ¢� om no ;mo gy,.p$p 00 1913 .- Mo `,.6p on . 8'00 DO Imo � `b m0 so Open to 03 t o® mo. �0m 0, mo Below am I mo ®o °� db db db o'b db 81' o® p® �0m ®o Cop 0 0 0 o Cop 00 ®oo o0 CopZ o Cop mo pop °oo moCop 0m mo0 000 0 0 0 Cop -® ®o mmm mmm mmm mmm 01� OL. so be (030"00qp�0 100.19' �o N. nt Plan �fec TELESCO A"OEUtES M. Opp- co pp v1'c�/co to ug gL7�.v�-- Floor Plma A-1 • -v I.: Is. dii A.-ol R -A 4 N, 17 1. 6 LL tl ac O TRACT 'A' 37 as se 44 TALCT CBU T all, RAC C ffB'6c' a Qg PLAZA VENEI CO PHASE sc P WE :C 40 MI T 'C' 'A A rRAcr 'A ....... j .4 15 A. $. C TRAC 3 2 HERALD PARK "so 7 dono TR 'A c c A c ; N.E. 14c-2 - - Aw '1 00000004000 z ,00 -v- it" 5 0115 J 0 0rn 51 S2 0 0 14 , a Qjll A 0 0*0 " couW, we O qu Ile soft .P btt 7Z 2& P ST. N.E. PAPPAS SUB TR. %' 017 14 1 4 OUND 4 S. I6 TFRR 2 s 4(NDWARD MNSON- k"LU . . * .. I . — D sjle N CV IR -A T RAFT A Ft 2 2- J. .1l 7 ME It S NEW WORLD CENTER 7 %BICENTENNIAL PARK 70 21 7: Q 13 14 s cr 3c to Sr N.E. 10 s > ;a Ia., 2- 13 14 5 I HJ AT s L1 9 , / r S — -- T. n�� ♦ 2 1. 9 /7tN Kim L mew ou"Idr, MUM w tw Emu • -v I.: Is. dii A.-ol R -A 4 N, 17 1. 6 LL tl ac O TRACT 'A' 37 as se 44 TALCT CBU T all, RAC C ffB'6c' a Qg PLAZA VENEI CO PHASE sc P WE :C 40 MI T 'C' 'A A rRAcr 'A ....... j .4 15 A. $. C TRAC 3 2 HERALD PARK "so 7 dono TR 'A c c A c ; N.E. 14c-2 - - Aw '1 00000004000 z ,00 -v- it" 5 0115 J 0 0rn 51 S2 0 0 14 , a Qjll A 0 0*0 " couW, we O qu Ile soft .P btt 7Z 2& P ST. N.E. PAPPAS SUB TR. %' 017 14 1 4 OUND 4 S. I6 TFRR 2 s 4(NDWARD MNSON- k"LU . . * .. I . — D sjle N CV IR -A T RAFT A Ft 2 2- J. .1l 7 ME It S NEW WORLD CENTER 7 %BICENTENNIAL PARK 70 21 7: Q 13 14 s cr 3c to Sr N.E. 10 s > ;a Ia., 2- 13 14 5 I HJ AT s L1 9 , / r S — -- T. �, ,-o-ST--4 - N.E. 8 T. -11 no PACT 'A Li n�� ♦ 2 1. 9 �, ,-o-ST--4 - N.E. 8 T. -11 no PACT 'A Li n�� ♦ 2 1. /7tN �, ,-o-ST--4 - N.E. 8 T. -11 no PACT 'A Li — N SD 6 41 m W4, s. I . F%GE 14F if i k\ oj_- 9 1R)APilic SCALE IN FEE n�� — N SD 6 41 m W4, s. I . F%GE 14F if i k\ oj_- 9 1R)APilic SCALE IN FEE