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HomeMy WebLinkAboutR-01-0601J-01-36 (a) 06/14/01 RESOLUTION N0. Dir- 601 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE RECOMMENDATION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A MARINA, RETAIL SPECIALTY SHOPS, EXHIBITION SPACE, AND RESTAURANTS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2600-2640 SOUTH BAYSIiORE DRIVE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, PURSUANT TO PLANS TO BE REVIEWED AND APPROVED BY THE DEPARTMENT OF PLANNING AND ZONING INCORPORATING SPECIFIED SITE PLAN CHANGES, AND SUBJECT TO CERTAIN RESTRICTIONS AND REQUIREMENTS, INCLUDING A TIME LIMITATION OF TWELVE (12) MONTjiS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of December 04, 2000, Item No. 4, adopted Resolution No. ZB 2000-0387 by a vote of eight to zero (8-0), granting a Special Exception requiring City Commission approval as hereinafter set forth; and WHERrAS, 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 I104VN cit Wa p nr.I + p' CITY COMMSION maga of JUN 14 2001 uwoui►uw„ no, di- 601 WHEREAS, the City Commission, after careful consideration of this matter, finds the application for Special Exception does meet the applicable requirements of zoning Ordinance No. 11000, as amended, and deems it advisable and in the beat 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 ars 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 recommendation of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, District Regulations, to allow a marina, retail specialty shops, and exhibition space, and restaurants for the properties located at approximately 2600-2640 South Bayehore Drive, Miami, Florida, as legally described in "Exhibit A," attached and incorporated, is affirmed, and the Special Exception Page ? of 5 01- 601 • is granted, pursuant to plans to be reviewed and approved by the Department of Planning and Zoning incorporating the site plan changes set forth below, and subject to the following restrictions and requirements, including a time limitation of twelve (12) months in which a building permit must be obtained; SITE P..AN CHANGES 1. The total number of provided parking spaces is reduced from 344 to 330 parking spaces; 2. A five foot CBS wall is to be placed on the Easterly property line in lieu of a three foot green area. 3. The most Westerly parking row is eliminated and replaced with landscaping; 4. Southeasterly parking is to be reduced to comply with the fifty fool Charter setback; 5. Total square footage is amended from 109,877 to 114,877 to accurately reflect total square footage of buildings; and 6. Landscaping islands are increased to five feet of green area to comply with the requirements of the Guides and Standards; 7. Notwithstanding the foregoing, lessee may apply for code permitted waivers of Guides and Standards pursuant to a Class II Special Permit, as necessary. R$&TRICTZaNS - RSQUZRSM,ENTS 1. New building shall be limited to a height not to exceed forty feet; 2. New building restaurant to operate on ground or first level only; Page 3 of 5 oi- soy. ffffI9I#W- • 0 3. New building veranda is the only outdoor area in which foodservice is permitted from the restaurant; 4. There will. be no banquet/catering facilities; S. Bike racks will be placed on site; 6. Lessee will not lease parking lot during Coconut Grove Art Festival; 7. outdoor seating with tables (for general public use) shall be allowed only within the area located in a northeasterly direction from the veranda of the new building toward the waterfront for a distance of approximately forty-five to fifty linear feet along the frontage of the water to the new building; e. No gambling boats to be operated from the site or shuttle boats to offshore gambling boats; and 9. Except for December 31"`, July 4`r, the days comprising the Coconut Grove Art Festival and the Taste of the Grove, and six other days per year selected by Grove Harbor Marina for special promotions, no live music shall be played outside on the property, including the marina; and, at all time any music produced or reproduced by any method, including but not limited to, live, electronic and mechanical means, produced or reproduced inside of any building, structure or anywhere else on the property, except as soft, background music which can only be reasonably heard by those people using the bay walk and veranda. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ ' If the Mayor does ^not sign this Resolution, it shall become effective at the and 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 4 of 5 PASSED AND ADOPTED this 14th day of June , 2001. JOE CAROLLO, MAYOR M with Mlami Code am- 2.38► sh m the Mayor did not Nuts ' tion by slgnh ] it in the designated almroval of �Sc�r:�s atfertive with lite c�lapaC cit tort !t) pl�ire Prnvided, said It►}�isk.:t�- ATTEST: a iy same► rW xm4 the May tate i } s from "ate c4 C f veto. WALTER J. FOEMAN \ n► Gly Clerk CI'T'Y CLERK Page 5 of 5 01— 601 !lm� Cr 0. PARCEL A RUPLAND: A PORTION OF THE SOUTHWEST ONE-QUARTER IS lir 14 OF SECTION 22. TMWSW SN SOUTH, RANGE 41 EAST. DADE COUNTY• FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COWKNCING AT THE INTERSECTION OF THE CITY MONUMENT LINES OF -SYN Z7^' AVENUE' WITH SOUTH SAYSHORE ONLINE" AS SHHONM ON TWIT CERTAIN PLAT OF 'OIIINER KEY' AS RECORDED IN PIAT ROOK 38 AT PAGE 2 OF THE PUBLIC RECORDS OF DADS COUNTY_ FLORIDA. THENCE. ALONG THE CITY MONUMENT LINE OF SAID 'SOUTH BAYSHORE ORTW NORTH 76.3003. EAST 1131 35 FEET TO A POINT BEING 2.27 FEET SOUTHIIIIESTERLY FROM THE INTERSECTION OF THE CITY MONUMENT LINES OF'DARWIN STREET' WITH SAID SOUTH BAYSHORE DRIVE', THENCE. CONIHMNG ALONG THE CITY MONUMENT I INE OF SAID'SOUTH BAYSHORE ' S{CE'. "M7FH 5157-03' EAST 33 e2 FEET. THENCE. SOUTH 76'75'Sr EAST 96 12 FEET TO THE PONT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL. THENCE. CONTINUING ALONG THE LUST BEARING: SOUTH 76'2S'S7 EAST 512 16 FEET TO THE LINE OF DEMAWC ATION BETWEEN UPLAND AND W MEA(ED LAND OF INSCAYNE BAY. THENCE. ALONG SAID DEMARCATION LINE: SOUTH 1r2M EAST SS2 25 FEET TO THE NORTHERLY ROG"TUF WAY LINE OF'CWART HOUSE ROAD' AS SHOWN ON THE SKETCH OF SURVEY, DATED AUSJARY 14, 1955. REFERRED FILE No, WSC 61-139 REV AND PREPARED BY -SCHWEBKE & SHISKIN AND ASSOCNATES THENCE - ALONG SAD ROW LINE. FOR THE FOLLOWING EIGHT (d) COURSES: I NORTH 7S"42'04' WEST 240.75 FEET 2 THENCE. NORTH 3W43W WEST 70.16 WEST 3 THENCE. NORTH 76'25'Sr WEST 9300 FEET THF NCE. NORTH Sr07'38' WEST 60 50 FEET S THENCE. +K)RTH 76'25'Sr WEST 215.60 FEET 6 THENCE. SO4JTH171'02'50'' WEST 46.60 FEET 7 THENCE. NMTH 7673'5rwEST 78.00FEET 6 THENCE NORTH 31*4411-WEST 237_XI FEET PROPERTY LEGAL DESCRIPTIONS TO A LINE PARALLEL WITH AND 22.22 FEET SOUTHEASTERLY OF THE SOOT EASTERLY RIGHT-OF4NAY LINE OF SAID'SOUTH BAYSHORE DRNE;' THENCE. ALONG SAID PARALLEL UNE: NORTH 3'30'03' EAST 245.49 FEET: THENCE. SOUTH IS0732'EAST 5.25 FEET, THENCE. NORTH 13'19'03' EAST 17.00 FEET; THENCE, NORTH 3152'03" EAST 5.30 FEET; TO THE PONT OF BE -0 NG. CONTAMM 30LIN SQUARE FEET, MORE OR LESS OR 6.!627 ACRES. MORE OR LESS. PARCEL A sue�letcHEp LAND A PORTION OF THE SOUTHWEST ONE-QUARTER (S.w Y.) OF SECTION 22. TOWNSHIP 54 SOUTH, RANGE 41 EAST. DADE COUNTY, Fl.ORHDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WTERESECTION OF THE CRY MONUMENT LIES OF -SW 27- AVENUE' AND 'SOUTH BAYSHORE OMW AS SHOWN ON THAT CERTAIN MAT OF VINNER KEY-' AS RECORDED IN PLAT BOOK 34. AT PAGE 2 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE, ALONG THE CITY MONUMENT LINE OF SAID 307TH BAYSI10RE OtNr.- NORTH 36'WOr EAST 1131.36 FEET TO A PONT BEING 2.27 FEET SOUT"%ESTERLY FROM THE INTERSECTION OF THE CRY MONUMENT LINES OF'DAFmm STREET' AND SAID -SOUTH BAYSHORE DRIVE' THENCE. CONTiNU1N(; ALONG THE CRY MONUMENT LAE OF SAID -SOUTH BAYSHORE DRIVE': ROM 5132'Q;T' EAST 33.42 FEET: THENCE. SOUTH 78'25'5r EAST 640.28 FEET TO THE LINE OF DEMART,ATION BETWEEN UPLAND AND SUBMERGED LAND OF'BISCAYNE BAr AND THE PONT OF BEOIBIINO OF THE FEREINAFTER DESQtIBEO PARCEL; THENCE, CONTINUMK3 ALONG THE LAST 9E11 MM' SOUTH( T8'2SS7' EAST 424.00 FEET, THENCE, SOUTH wsrtP EAST 168.44 FEET; THENCE, SOUTH 13'3403' WEST 372.00 FEET; THENCE, NORTH 76'2SS7 WEST 287.88 FEET: TO ITS INTERSECTION WITH SAID DEIMARCATI IN LINE BETWEEN UPLAND AND SUBMERGED LAND (IF 'BISCAYNE BAY- . THENCE. ALONG SAID DEMARCATION vNF NORTH 1673'03' WEST 560 44 FEET TO THE POINT OF BEGINNING CONTAINING 180 070 SQUARE FEET, MORE OR LESS OR 4.32 ACRES, MORE OR LESS. PARCEL 8 SUMERGED LAND A PORTION OF THE SOUTWFST ONE OUARIER (S w Y.) OF SECTION 22. TOWNSHIP 54 SOU IN RANGE 41 EAST, DADE COUNTY. FLORIDAb BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT TME INTERSECTIM OF THE CITY MONUMENT LINES OF'SW 27 -AVENUE- AND 'SOUTH BAYSMORE O RAIU AS SH(7WN ON THAT CERTAIN PLAT OF: -DINNER KEY.- AS RECORDED, PLAT BOOK 34. AT PAGE 2 O THE PURI IC RECORDS OF DADE COUNTY. FLORIDA THENCE, ALONG THE CITY MONUMENT I INF Or. SAID 'SOUTH BAYSHORE ORNE' NORTH 36'3003' EAST 1131 36 FEET TOA POINT RING 2 21 UEET SOUTHWESTERLY FROM THE INTERSECTIONOF THE CITY MONUMENT LINES OF -DARWIN STREE T' AND SAID'SOUTH BAYSHORE THENCE. C014TWUlNG ALONG THE CITY MONUMEMT LINE OF SAID'SOUTH BAYSHORE DRwE' NORTH 51*52'Or EAST 33 42 FEET. THENCE. SOUTH 76'251r EAST 64o 2S FEET TO THE LINE OF DEMARCATION BETWEEN UPLAND AND SUHIMERGED LAND OF'IIISCAYNE BAY - THENCE. CONTINUING ALONG THE LAST OESCR18ED LINE: SOUTH 76'25'51' EAST 424 00 FEET. THENCE, SOUTH4051'19'EAST 166 44 FEET• THENCE. SOUTH I Y34'03' WEST 69 0o FEE T. TO PONT OF BEGTNNNG OF AHF HEREINAFTER DESCRIBED PARCEL THENCE, SOUTH 76 25'57 EAST 351 00 FEE 1 THENCE. SOUTH 13'34'03' WEST 263 00 FEE r. THENCE. NORTH 76'25'5rwEST 3SI 00 FEET THENCE NORTH 13'34'03' EAST 253 00 FEE T TO THE POINT OF BEGINNING. X CONTANNING 19,333 SWARF FEET, MORE OR LESS OR 2.26 ACRES. MORE OR LESS a ,� OF G r neaAF IRAreo ! Q� `Q oFro ��a� Case Number: 2000-0374 Location: Legal: Applicant: ZONING FACT SHEET 04 -Dec -00 Item No: 4 Approx. 2600/2640 S. Bayshore Drive (Complete legal descnption on file with the Office of Hearing Boards) City of Miami, Owner 444 SW 2 Ave. Miami, FL 33131 App. Ph: (305) 416-1025 Zoning: PR Parks & Recreation Felix Lima for Grove Harbour Manna & Caribbean Mktplace, Leasee 9758 SW 24 Street Miami, FL 33165 Rep. Ph: (305) 554-0982 ext Rep. Fa (_) _w ext Request: Special Exceptions requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a marina, retail specialty shops, exhibition space, and restaurants. Purpose: This will allow the Grove Harbour Manna Project, which includes a marina, retail specialty shops, exhibition space, and restaurants. Recommendations: Planning Department: Approval Public Works: No comments Plat and Street Committee: NIA Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: 9911185 Last Hearing Date: Found: Violations) Cited: Improper maintenance of buildings Ticketing Action: 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: CES Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-0387 Zoning Board: Approval Vote: 8-0 City Comrmisnion: N/A ITrrMM PZ -2 01- 601 Analysis for a Special Exception for the GROVE HARBOR MARINA & CARIBBEAN MARKET PLACE 2600/ 2640 South Bayshore Drive RWISED CASE NO: 2000-0374 Pursuant to Ordinance 11000, Article 4, Section 401 as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Grove Harbor Marina Project has been reviewed to allow the following Special Exceptions subject to Commission Approval: • Special Exception per Article 4, Section 401, Schedule of District Regulations, to allow a marina. • Special Exception per Article 4, Section 401, Schedule of District Regulations, to allow retail specialty shops. • Special Exception per Article 4, Section 401, Schedule of District Regulations, to illow an exhibition space. • Special Exception per Article 4, Section 401, Schedule of District Regulations, to allow restaurants. Note: This Special Exception includes a Class 11 Special Permit as required by, Article 15 Section 1511, for any development between Biscayne Bay and the first dedicated Right -of way In determining the appropriateness of the attached request, the following findings have been made: • It is found that the proposed project, as presented, will benefit the Grove Harbor Marina & Caribbean Market Place Development and the surrounding area by allowing public access to the City's waterfront. • It is found that these Special Exceptions, specifically a Marina Use at PR "Parks, Recreation and Open Space" zoning district, is completely within the scope and character of the project given that, as part of the development, the two existing historical designated hangar buildings are being restored and adapted to accommodate dry -boat storage along with some marketplace retail. • It is found that with respect to all additional criteria'as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate; the project, as proposed, will have no adverse effects on the adjacent area. Based on these findings, the Planning and Zoning Department Is recommending approval of the requested Project as presented. 01- 601 II1IK[�R • • Miami Zoning Board Resolution: ZB 2000-0367 Monday, December 04, 2000 Ms Ileana Hemandez-Acosta offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTIONS REQUIRING CITY COMMISSION AFPROVAL, AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A MARINA, RETAIL SPECIALTY SHOPS, AND EXHIBITION SPACE AND BANQUET HALL, AND A RESTAURANT AND RAW BAR FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2600/2640 SOUTH BAYSHORE DRIVE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, ZONED PR PARKS AND RECREATION. Upon being seconded by Mr. Rodolfo De La Guardia, the motion was passed and adopted by the following vote: Mr. George Barks) Yt+s Ms. Gloria M. Saab Yes Mr. Rodo#o De La Guardia Yes Mr. Chanes J. Flowers Yes Ms. lieana Hemandez-Acosta Yes Mr. Humbeflo J. Pelf Away Mr, Juvenal Pins Yet Mr. Ricardo D. Ruiz Yes Mr. Angel Urpuiola Away Mr Georges VAiams Yes, AYE: e NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 Ms. Fernandez: Motion carries 8-0 i Teresits L. Fernandez, Chief Office of Hearing Boards IIS rt alm Nn - 2000-0374 Item Nbr: 4 ©1- 601 PARCEL A UPLAND: 1 A PORTION OF THE SOUTH M.%T ONE-QUAI%TER IS IN TIO OF SECTION 22. TOWNSHIP N SOUTH. RANGE 41 EAST. DADS COUNTY. FLORIDA, BEING MORE PARTICUUWLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CITY MONUMENT LINES OF'SIN21'"AVEfAIE'1MTH 'SOUTH BAYSHORE DRIVE' AS S ROW N ON THAT CERTAIN RAT OF 'DINNER KEY; AS RECORDED IN PLAT BOOK 34 AT PAGE 2 OF THE PUBLIC RECORDS OF DADS COUNTY, FLORID, THENCE. ALONG THE CITY MONUMENT LINE OF SAID 'SOUTH BAYSHORE ORIVE' NORTH 38'7000' EAST 113138 FEE T TO A POINT BEING 2.27 FEET SOUtHWESTERLY FROM THE I ITRSECTION OF tHI: CITY MONUMENT LIES OF OARWI/ stweT' WITH SAID SOUTH BAYSHORE DRIVE'. THENCE. CONINUINO ALONG THE CITY MONUMENT tINE OF SATD'SOUTMSAYSHORE DRIVE': NORTH S1'SI'03' EAST 33 41 FEET: THENCE, SOUTH 76'2S3T EAST W.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN AFTER DESCRIBED PARCEL: THENCE, CONTINUING ALONG THE LAST BEARING: SOUTH 167S17 EAST S42. 14 FEET TO THE LINE OF DEMARCATION BETWEEN UPLAND ALA SUBMERGED LANA OF INSCAYNE BAY. THENCE. ALONG SAID DEMARCATION LINE: SOUTH 18'23103 EAST 552 25 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF 'CHART HOUSE ROM' AS SHOWN ON THE SKETCH OF SURVEY. DATED IumUARY 14. 1185. REFERRED FILE Ne. M/SC. II -138 REV ANO PREPARED BY 'SCHWESRE 8 SHISKM AND ASSOCIATES tHENCE. ALONG SAID RINE LINE. FOR THE FOLLOWING EIGHT (k COURSES: t NORTH TS'42'04' WEST 240.35 FEET I THENCE. NORTH 30'43-W WEST 70.18WEST 3 THENCE, NORTH 18'2S'S7' WEST 12 00 FEET 4 THENCE, NORTH SA'03'36' WEST 60.50 FfET S THENCE, NORTH 18'2S'ST WEST 21!.80 FEET 8 THENCE, SOUTH 713)2 5NR' MST 48.80 FEET i THENCE, NORTH 76'2S'ST WEST 78.00 FEET I THENCE. NORTH 3V4flI* WEST 237.20 FEET TO A LINE PARALLEL WITH AND 22.22 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID'SOUTH BAYSHORE DRIVE., THENCE. ALONG SAID PARALLEL LINE: NORTH 28'20'03' EAST 245.49 FEET: THENCE. SOUTH 7010332' EAST S.25 FEET. THENCE. NORTH 1719'03' EAST 17.510 FEET. THENCE, NORTH 515203EAST 8.30 FEET. TO THE POINT OF BEGMNING. CONTARM 30LOI SQUARE FEET. MORE OR LESS OR 8.9827 ACRES. MORE OR LESS. PARCEL A SUNWRAED LAND: A PORTION OF THE SOUTHWEST ONE-OUARTER (S.W Y.) OF SECTION 22. TOWNSHIP S4 SOUTH. RANGE 41 EAST. DADE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LINE BETWEEN UPLAND AND SUBMERGEO LANG OF INSCAYNE SAY% THENCE. ALONG SAID DEMARCATION LINE NORTH 18'23lr WEST 58044 FEET 10 THE POINT OF BEGINNING CONTAINING 190.018 SQUARE FEET. MORE OR LESS OR 4.32 ACRES. MORE OR LESS. PARCEL B SUBMERGED LANO: A PORTION OF THE SOUTWEST ONE-QUARTER IS W Y.) OF SECTION 22. TOWNSHIP S4 SOUTH, RANGE Al EAST. DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE CITY MONUMENT LINES OF 'SW 27"' AVENUE' AND 'SOUTH BAYSHORE DRIVE' AS SHOWN ON THAT CERTAIN PLAT OF -GINNER KEY; AS REC011 PLAT BOOK 34. AT PAGE 2 OF THE PUBLIC RECOPIDS OF DADE COUNTY. FLORIDA COMMENCING AT THE INTERESECTION OF THE THENCE. ALONG THE CITY MONUMENT LINE OF SAID CITY MONUMENT LINES OF'SW 27"AVENUE' 'SOUTH BAYSHORE ORIVE- NORTH 36'3003' EAST AND 'SOUTH BAYSHORE DRIVE' AS SHOWN ON 1131.38 FEE T 70 A PONT BEING 171 F EE F TWIT CERTAIN PLAT OF I)INNER KEY' AS SOUTHWESTERLY FROM THE INTERSEC TION OF THE RECORDED N PLAT BOOK 31, AT PAGE 2 OF CITY MONUMENT LINES OF 'DARWIN STREE T' AND THE PUBLIC RECORDS OF DADE COUNTY. SAID'SOUTH BAYSHORE FLORIDA. THENCE. ALONG THE CITY MONUMENT UNE OF SAID 'SOUTH BAYSHORE DRIVE': NORTH 78'3083 EAST 1131.79 FEET TO A PONT BEING 2.27 FEET SOUTHWESTERLY FROM THE INTERSECTION OF THE CITY MONUMENT LINES OF'DARWW 3TREET' AND SAID'SOUTH BAYSHORE ORAE' THENCE. CONTINUING ALONG THE CITY MONUMENT AME OF SAID TOM BAYSHORE DRIVE': NORTH SI'S W EAST 33.62 FEET: THENCE, SOMTH 1875'57' EAST 610.28 FEET TO THE LINE OF DEMARCATION BETWEEN UPLAND AND SUBMERGED LAID OF'618CAYNE BAY AND THE POINT OF WINNING OF THE HEREOLWNROESCROMPARCEL. THENCE, CONTINUING ALONG THE LAST BEARING: SOUTH 7nnT EAST 124.00 FEET. THENCE. SOUTH N'81'IPE'AST 168.44 FEET; THENCE. SOUTH 13'34TU3WEST 372.00 FEET: THENCE. NORTH 1875'37 WEST 281.88 FEET. TO ITS INTERSECTION MIRTH SAID DEMARCATION THENCE. CONTINUING ALONG THE CIFY MONUMENT LINE OF SAID-SOUTHBAYSHORE ORAE- NORTH SI'S2 3' EAST 23 42 FEET. THENCE. SOUTH 76IS17' EAST 61016 FEET TO THE LINE OF DEMARCATION BETWEEN UPLAND AND SUBMERGED LAND OF 'BISCAYNE BAY' THENCE. CONTINUM ALONG THE LAST DESCRIBED LINE: SOUTH 16'25'57' EAST 424 00 FEET, THENCE. SOUTH 40'S1'III'EAST ISS AA FEET. THENCE. SOUTH 13'34'03' WEST"W FEET. TO* PONT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL THENCE. SOUTH 16'2SST EAST 3SI 00 FEE T. THENCE, SOUTH 13'34'03' INVEST 283 00 FEE I. THENCE, NORTH 16'1 S'Sl' WE ST "100 FEET, THENCE NORTH 13'34'03" EAST 287 00 FEE T t0 THE POINT OF BEGHIN% - r1 N x CONTAINING ",333 SQUARE FEET, MORE OR LESS tv OR 2.28 ACRES, MORE OR LESS. H Mxwo BOARD ACTIONFOR hridk EXCEPTION' I mos LdWthe request on Agenda Item 4 _ be=1r um) i(BRANMy in that the requirements of Article 16ALKL) (WERE .b QT) tats fled by relevant evidence in the record of tbe_r'hlia hearing. (a) as stated in the City'stad'" of fact. or (b) as demonstrated by the Petitioner, or (c) an tits basis of the following: The Zoning Board. in its decision to (ORAN) (DENY) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (HAVE) (HAVE NOT) been mat (CIRCLE APPROPRIATE CONDITIONS) 1305.1 Ingress, and Ems. Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 13052 Offureet PAM= a and Loading. Due consideration shall be given to offstreet p uting and loading facilities as related to adjacent stroism with particular taferPy- ce to automotive and pedestrian safety and convenience, internal traffic flow and -11 gLanaagemem in relation to access in =n of fire or other emergency, and screening and Lmds�irw& 13053 Refuse and Service Areas. Due consideration shall be given to the location, scala dwiga, and screening of refuse and service arms to the manna in which refuse is to be stored; and to the manner and timing of refuse collection and dslivesias, shipmaots, or other service activities, as stub matters relate to the locatim and mune of was on adjoining properties and to the location sad character of adjoining public ways. 1305.4 Signs and LizhftS Due consideration shall be given to the number. size, chswater. location, and orientation of proposed signs. and of proposed lighting for signs and premises, with particular reference to traffic aafety, glare. and compatibility and harmony with adjoining and nearby property and the character of the area 01- 601 130S.S Utilities. • Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections. and potentially adverse appearance or other adverse effects on adjoining and nearby property and the dnncw of the ares. 130S.6 Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby props:tiw and on gswul drainage systems in the area. Where nuilor drainage volumes appear likely and capacity of available systems is found mwginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, Crary retention with gradual discharge. or other remedial measures. 1305.7 Preservation of Natural Feauaes. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects GenwaLy. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse affects generally on adjoining and nearby properties, the arae, the neighborhood, or the City, of use or occupancy as proposed, or its locettioo. constructio% design, character. scale or mwww of ope:stien. Where such potentially adverse affects are found, - --. I-- shat! be given to special remedial measures appropriate in the particular ch= m imaes of the case, including sawning or bufferin& landscaping. control of manner or hours of operstion. alteration of use of such space, or such other measures as ars required to assure that such Potential adverse effects will be eliminated or minimined to the mtardmum extant rsaaonably feasible, and that the use of oo 4awy will be oompasible and harmaoious with other developmaac in the area to a degres which will vdid-aubstandal mon of the value of nearby pf°any. l� r - Agenda Item la -y-00 Date 01- 601 0004037 CITY OF MIAIVII OFFICE OF HEARING BOARDS APPLICATION FOR SPECIAL EXCEPTION wrsssrsssssswrrswrssrrsssMsrrrssrsswarssrrsssswsrsrrrssrrswrsrwrrwssswssssssrsr•r•ss••..•s••••s• SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALL?' REQUIRES 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 TIE OFFICE OF THE CM CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. rwwwrrswsrwwrsswrwwwMsrw�wrs•wsrrwsrrswrsssraww•wwsrrrrssrrrwrrrrrrwssrssrswsss••rssrssrr•srrs•• NOTE: THIS APPLICATION MUST BE TYPEWRrMN AND SIGNED IN BLACK WK 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 promote the general purposes of ibis Zoning Ordinance and, in particular, to p;otect adjoining properties and :he neighbonccod 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 Department Planning and Development for his recommendations and the Director shall make any further referrals required by these regulations. Felix Lima,on behalf of MOVE HARBOUR MARINA AND behif of City o Miami 1, CARIBBEAN MARKETPLACE, TLC on .1tereby apply to & City of Miami Zoning Board for approval of a Special Exception for the property located at 2640 So. Bayshore Drive, Mi ami , Florida , folio number 01-4122-002-0010 . Nature of Proposed Use (please be specific): Marina, Boatyard, Martine Related Rueling Facilities and Marketplace In support of this application, the following material is submitted. ,mac_ 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. XX 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. 01_ 601 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached ~- to application). 30( A. Certified list of owners of real estate within a 375 -foot radius of the outride boundaries of propeM- covered by the application. XX 5. At least two photographs that show the entire property (land and improvements). 6. Recorded warranty deed and tax forms for the most current you available that show the present owner(s) of the property. 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). n 8. fee of S to apply toward the cost of processing according to Section 62-156 of the Zoning.Ordinance: SpecialException............................................................................................... S 800.00 Special Exception requiring automatic city commission review.......................52.000.00 Extension of time for special exception.............................................................5 $00.00 Public hearing mail notice fees, including cost of handlingand mailing per notice.........................................................................S 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except fiom 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. Signature Name Address 9756 S.W. 24th Street_ Miami, Florida 33165 Telephone 305-554-0982 Date f h_ 1 ''24 0.6 STATE OF FLORIDA • • COUNTY OF MIAMI-DADE The foregoing, * strument was acknowledged before me this _ day of v 3-r '1,m, by L �„ L ► nq Fl who is persona 1 kn to me or who has produced as identification and who did (did not) take an oath. Name: ✓ads /tti�fis • Notary Pyt is -State of Florida Commis n No.: My Commission Expires: aARWAS t+,.,ftY PtllUC StA'!'6OF FLORIDA MYCOMMOSION NO. CC6f W RAAAAAARAAARARAAAAARRARRARAARARAAAAAAAARAARRARRARAAARRAARAAARAAAAARAAfAAARAAAAAAAAAARAAAARRR• , STATE OF FLORIDA COUNTY OF MIANU-DADE The foregoing instrument was acknowledged before me this day of 19 . 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. Name: Notary Public -State of Florida Commission No.: My Commission Expires: frARRRARRRRRRRARARRRR�►RAARAAAAAARAARARAAAAAARAAARRAARUAARRRARRRRRRAAARAMAAA4AAAttARARRARAAAAARAAA STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 19 , by partner (or agent) an 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. Name: Notary Public -Stats of Florida Commission No.: My Commission Expires: CORPORATE RESOLUTION WHEREAS Grove Harbour Marina & Caribbean Marketplace, LLC desires to apply for a Special Exception Approval from the City of Miami for the property located at 2640 South Bayshore Drive, Miami, Florida; and WHEREAS, the Board of Directors at a duly held corporate meeting held on August 7th., 2000 has considered the matter in accordance with the By -Laws of the corporation; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that Felix Lima, Principal, is hereby authorized and instructed to execute all necessary documents with the appropriate City of Miami Departments in order to file the Special Exception Approval Application for the above listed property. The action of the Board of Directors of Grove Harbour Marina & Caribbean Marketplace, LLC, were duly ratified by a majority of its Shareholders. DATED this 7th. day of August, 2000. i ,4 Cheri Board of Directors Ala L. L ma Felix Lima (Affix Corporate Seal) ©i- 601 PAGE 10/ (2000 14:99 350-491-111,_Is_ U 2 4SP11 ;�P- Cll'Y OF' 41Ii 850 PAGEitf �i 6 i at: roar tiro a»r , 0 OWNER1 SWORN • O CONSENT PBRIW ITM 'TENANT TO FII.11 FOR A H"RMO WHEREAS, on July 25, 2000, the Board of Trustees Gift irteturl ImpNvana tt Trust bund audwissd the issuance to the City of Miami ("City") of a 10 -year eaasndod term htna; with a 201wr nenewat option (the "Stoste Lem"), for the property morn particularly daeorthed in Exhibit A spool hereto atxl made a part hereof ("Slane Lax ProperW'X car dning 1S2.747.8 quare feet, wore or bets, for a municipallcommerclal mwlna: and WHEREAS, on ,July 25, 2000, the Board of '1'rttstass of the Interna! Improvement Treat Fond innpod the Ctty a 20 -year waiver of deed rcaUlction, with a 20,yerarrsaewnl option. for Ute propwiy nwe particularly described in Exhibit B attached hasto and made a part hereof ("Waiver PropwWj. ooatailning 134,370.4 square feet. more or Nat, of deeded submaaRed lands assoeiatad with dlta mrittal; AN[ WHEREAS, the City boa stared into a lean with Grow Harbour Manna and Caribbean Madtelplacn. I.LC ("(trove harbour" j, to hese ud develop a patrol of upland property lying ad*am to tfw !urate Lease Pt+operty and the waiver Pyoper y, and to oparate the marina; and WHEREAS. the Striae Lease and Waiver of Decd Restriction aro ptemWy hieing prepavd for execution by the parties; and WHEREAS, in order to assist the City, the State of Fklrida is willing to permit the City and/or its authorised agents to as oatain prellminay actlom towards the redevelopment of the nice; NOW, THEREFORE, being oily avenin, depose and say tW 1 am the Buid'u'Chiet; 11=6 ofXblie land AdminiffmAkiN Division of Shcs Lands, Dcpv=cat of tavitottmentsl Prat inion for the State of Florida; that tie guars of Florida Is the owner of dw Stale [.ease Property and which Is the s*act property mabor of As proposed berating, and that we do hereby authorize the City of Miami and/or its authorised spats, to file application fir a Special Emmptlon public Rearing. BUREAU OF PUBLIC LAND AI)M MSTRATION D1VIS10N OF STA 1*4 LANDS, DEPARTMENT CW ENVIRONMENTAL PROTECTION By: Bare STATE OF F1 ORWA COUNTY OF k&jh Tho fomSoinS instntnwt w&s acknowiedgcd berfus me this t► day 0f 200. by fpr►! {_ . who l9e� al rite or who has prodisew • ■^'t (type of ideati8eation) as ntil estiau and who did (did rat) Was as oslh. igtsctue of Notseyviublic Print NuM ? 41 a011dil ARLOLowipl Commission MV COWWON a cc Fng& EXAW ie, 2pcp sooty. nn H.s,9E - y ,nr wwnnw■ 01— G01 '010Z[rLIK I—J AFFIDAVIT • Before me, the undersigned authority, this day personally appeared Carlos A. Gimenez, City Manager—, 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. Ap ' STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing inst nent was acknowledged before me this_ day of AJA/-' 20 rA by Cllos-A. .Lell eZ of a corporation, on behalf of the corporation. he is personally known to me or has produced as idenIftation and who did (did not) take an oath. 0 �ONIIR11o11r/I//y�'y (Stamp)•••"'•�t.�1 .,•�,�sstoN�.�, �ti� ignature 41- 601 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: ` 2640 South Bayshore Drive, Miami, Florida See Exhibit A for legal description 2. Owner(a) 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. City of Miami, a municipal corporation of the State of FL 1002 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. See Exhibit B attached hereto City of Mi Owner or Carlo Gimene2, C Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing �gstru ent walkacknowledged before me this day of ADV_ 20LO . by .moi <T res 6,1mP le2_ of a corporation, on behalf of the corporation. s he is personally known to me or has produced as ident cation and who did did not) take an oath. (Stamp) Ogn�ature 01- 601 OWNER'S LIST Owner's Name City of Miami, a municipal corporation of the State of FL Mailing Address 444 SW 2 Ave, Miami, FL Zip Code 33130 Telephone Number (305)416-1450 Legal Description: See Exhibit A for legal description 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 See Exhibit B Street Address Street Address 11110ma 4 Legal Description Legal Description 01- 601 PARCEL A UPLAND: A PORTION OF THE SOUTHWEST ONE4XA RTER 1S W Y# OF SECTION 22. TOVOISHP 54 SOUTH, RAMM 41 EAST. DADE COUNTY, FLORIDA, BEING MIDIS PARTICULARLY DESCRIBED AS FOLLOWS: CQNENCING AT THE INTERSECTION OF THE CRY WWWNT LINES OF -SW 2rr"AVENUE' WITH 'SOUTH BAYSHORE DRIVE AS SHOWN ON THAT CERTAIN PLAT OF -DINNER KEY; AS REtARDED 1N PMT BOOK 34 AT PAGE 2 OF THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA. THENCE. ALONG THE CITY MONUMENT LINE OF SAID SOU1h BAYSHHORE DRIVE' NORTH 393003EAST 113T 30 FEET TO A POINT SEHNG 2.27 FEET SOUTINIIESTERLY FROM THE NTERSECTION OF THE CITY MONUMENT LINES OF'DARIMN STREET WITK SAID SOUTH BAYS"ORE DRIVE', THENCE. CONINUING ALONG THE CITY MONUMENT I INE OF SAID'SOUTH BAYSHORE OR1VE'. NORTH 51 5203' EAST 33.42 FEET, THENCE. SOUTH 76'25ir EAST 99.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN AFTER DESC:IIBEO PARCEL. THENCE. CONTINUING ALONG THE LAST BEARING: SOUTH 7675'57 EAST 542.16 FEET TO THE LIE OF OEMARCATION BE TINEEN UPLAND AND SUBMERGED LAUD OF 10SCAYNE SAY'. THENCE. ALONG SAID DEMARCATION LIE: SOUTH 1823TU3 EAST SS2 25 FEET TO TIE NORTHERLY RIGHT -01`-WAY LINE OF 'CHART MOUSE ROAD' AS ShOrMt ON THE SKETCH OF SURVEY. DATED JAMWtY 14, 1965, REFERRED FILE No. MISC. 61-139 REV AND PREPARED BY 'SCHVWME i SHISKII AND ASSOCIATES THENCE, ALONG SAID RNV LRE. FOR THE FOLLOWING Eoff 0) COURSES: 1 NORTH 7S'42'04' WEST 240.75 FEET 1 THENCE. NORTH 30'43W WEST 70.16 WEST 3 THENCE. MORIN 76'25'S7' WEST MO FEET 4 THENCE. WORTH S4'03'3rWEST 8050FEET S THENCE. NORTH 7WNSr WEST 215.00 FEET PROPERTY LEGAL DESCRIPTIONS TO A LINE PARALLEL WITH AND 22.22 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID'SOUTH BAYSHORE ORIVE; THENCE., ALONG SAID PARALLEL LINE: NORTH 3111370T EAST 245.49 FEET; THENCE. SOUTH 78'07'32' EAST 525 FEET, THETICS, NORTH 13'1903' EAST 17.90 FEET; THENCE, NORTH 51'52'01' EAST 9.30 FEET: TO THE POINT OF BEMNING. CONTAMNG 30M SCUARE FEET, MORE OR LESS OR 6.9527 ACRES, MORE OR LESS. PARCEL A SUBMERGED LAND. A PORTION OF THE SOUTM EST ONE-OUARTER ISM Y.) OF SECTION 22, TOMMSHIP S4 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERESECTION OF THE CITY MONUMENT LINES OF *SW 27^' AVENUE- AND'SOUTH BAYSHORE DRIVE' AS SHOWN ON THAT CERTAIN PUNT OF'OINNER KEY' AS RECORDED IN PLAT BOOK 34, AT PAGE 2 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. THENCE. ALONG THE CITY MONUMENT LINE OF SAID SOUTH BAYSHORE DRIVE': NORTH 36'317W EAST 1131.35 FEET TO A POINT BEING 2.27 FEET SOUTMNESTERLY FROM THE INTERSECTION OF THE CITY MONUMENT LINES OF 'ARUM! STREET AND SAID'SOUTH BAYSHORE DRIVE' THENCE. CONTINUING ALONG THE CITY MONUMENT LIE OF SAID'SOUTH BAYSHORE DRIVE': NORTH S1'S W EAST 33.42 FEET: THENCE. SOUTH 76'2F5r EAST 640.29 FEET TO THE UNE OF DENMRC.ATK)N BETWEEN UPLAND AND SUBMERGED LAND OF INSCAYNE BAr AND THE POINT OF BEOMING OF THE HEREINAFTER DESCR EO PARCEL: THENCE, CONTINUING ALONG THE LAST BEARM: SOUTH 76'2557' EAST 4124.00 FEET: O 6 THFNCf. SOUTH 71'0790' WEST 46.60FEET TPENCE, SOUTH 405l'IPEAST 169.44 FEET; THENCE. NORTH 76'2S'Sr WEST 76.00 FEET THENCE, SOUTH 1334'03' WEST 372.00 FEET: 6 THENCE. NORTH 31'4'11' WEST 237.20FEET O I� THENCE, NORTH 78'2557 WEST 267.68 FEET; TO ITS INTERSECTION WITH SAID DEIMRCk66N I INF RFTWTFEN UPLAND AND SURME RGED LAND OF 'BISCAYNE AAY-, THENCE. ALONG SAID DEMARCATION LINE NORTH 18'2503' WEST 500 44 FEET TO THE POINT OF BEGINNING CONTAINING 110.070 SQUARE FEET. MORE OR LESS OR 4.32 ACRES, MORE OR LESS PARCEL B SUBMERGED LAND A PORTION OF THE SOUTWEST ONE QUARTER IS W Y.) OF SECTION 22, TOWNSHIP 54 SOUTH. RANGE 41 EAST. DADE COUNTY. FLORIM BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE CITY MONUMENT LINES OF'SW 27"' AVENUE' AND 'SOUTH BAYSHORE DRIVE' AS SHOWN ON THAT CERTAIN PLAT OF -DINNER KEY,- AS RECOROEO IN• PLAT BOOK 34, AT PAGE 2 OF THE Pl18lIC RECORDS OF DADE COUNTY, FLORIDA THENCE, ALONG THE CITY MONUMENT I INF OF SAID "SOUTH BAYSHORE DRIVE- NORTH 36"3003' EAST 1131 36 FEFT TO A POINT BEING 2 27 FEE T SOUTHVMFSTERLY FROM THE 1NTERSEC TION OF THE CITY MOtNUIIAENT LINES OF 'DARWIN STREET' AND SAID'SOUTH BAYSHORE THENCE. CONTINUING ALONG THE CITY MONUMENT LINE OF SAID'SOUTH BAYSHORE DRIVF' NORTH 51'52'03' EAST 33 42 FEET. THENCE. SOUTH 76'25'57' EAST 64016 FEET TO THE LINE OF DEMARCATION BETWEEN UPLAND AND SURMERGE D LAND OF 'BISCAYNE BAY' THENCE. CONTINUING ALONG THE LAST DESCRIBED LINE: SOUTH 78'25'Sr EAST 424 00 FEET. THENCE, SOUTH 40'51'19' EAST 16844 FFET, THENCE, SOUTH 13'34'OT WEST 99 OO FEET, TO POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL THENCE. SOUTH 76"nS7 EAST 35100 FEE T. THENCE, SOUTH 1534'03' WEST 26300 FEET. THENCE, NORTH 76'ISSr WEST 35100 FEET. THENCE NORTH 13'31'03' EAST 283 00 FEET TO THE POINT OF BEGINNING. _ X CONTAINING 99,333 SQUARE FEET, MORE OR LESS x to OR 2.28 ACRES, NOW OR LESS. • GroveHarbor37S • Exhibit B Properties vMkIA 375 flees Folio Addross Description Acreage Legal description 01.4122-002-0010 3500 Pan American Dr. Dinner Key 42.87 Dinner Key Tract A PS 34 Pg 2 Expanded legal, see Exhibit 1.3 ORB 2784 Pg 283-289 01-4122-002-0030 3385 Pan American Dr. Chart House A sublease from Grove Key Marina Dinner Key Tract A PS 34 Pg 2 Expanded legal, see Exhibit 1-9 ORB 2784 Pg 283.289 01-4122402-0040 3500 Pan American Dr. Grove Key Marina 5.646 A lease from The City of Miami Dinner Key Tract A PB 34 Pg 2 Expanded legal, see Exhibit 1-B ORB 2784 Pg 283-289 01-4122.002.0020 2800 So. Sayshore Dr. Virrick Gym 4,517 PS 34 Pg. 2 City of Miami Page 1 10/31/2000 01- 601 i .Umm 3—. THIS INDENTURE, mads tnie ^_3r. Day of - A. D. 1646, between PAP AMERICAN AIR,VAYS, Z C., a corporation .organised and existing under the laws of the State of New York and authorised to do business in the State of Florida, party •of the first part, and Besamor Properties, Incorporated, a corporation organised and existing under the lows of the State of Delaware and authorised to do business in the State of ' Merida, party of the second part, 161� .- 7714 s:[.,..- WITkMOTH: That the said party of the first part, for and in consideration of the a= of Ten Dollars ($10.00) and otbar valuable considerations, to it in hand paid by the said • party of the second part, the receipt whereof is hereby. ckn owledged, has granted, bargainsu and sold to the said parts sof the`*noon-part, its successor* and assigns forever, that rogerty described as follows: That certain tract of land lying aald bat Sm the city Miami, County Dads, Florida, of of State of f known as DINNER i=, according to the plat thereof recorded in Plat Book 34_gt,.yage 2 of the Public Records of Dade Od-an£y; Florida, together with all ( and singular all common law and statutory riparian rights, water privileges and filled in lands and lands below high water mark appurtenant and belonging there- to, which said tract of land is particularly described as follows, to Kit: Begivaing at a point on the southerly side of Aviation , Avenue (formerly known as Trade Street), where the same -intersects the high water line of Biscayne Bay; thence northwesterly along the southerly side of Aviation Avenue (forsserly known as Trade Street), to the easterly side.of South Bayshore Drive (formerly known as Rhodes Boulevard); thence southwesterly along the easterly aide of South Say- shore Drive (formerly known as Rhodes Boulevard), to the �"NWIt-side•af-Southwest Twenty-Seventh Avenue (formerly knpwn as Crapeland Boulevard-)?'thence south along the east ,nde or" 9withw•es"wenbformerly known as arapeland Boulevard) to the high water line of Biscayne Bay; thence easterly and northerly meandering the high water line of Biscayne Bay as the same now exists to the Doint and place of beginning, together with all and singu- lar all common law and statutory riparian rights, water privile eg s, filled in lands, and lands below high water 0i� lo 1In*.appnrtem mt and belonging thereto, together with all buildings and improvements located thereon, L$SS.the propgrty condemned by the United States of America for-iee in connection with the Coast 0uard Base at Miami, Florida, lying and being in the City of Miami, Dade Comty, Florida, and more particularly described as follows= Beginning at the intersection of the Southeasterly ` line of South Sayshore Drive (formerly known as Rhodes Boulevard) with the Soeithwesterly line of Aviation Avenue (formerly known as Trade Street) as shown by the Plat of Dinner Key, recorded in Plat Book 34 at page 2 of the Public lboords' of Dade County, Florida, which intersection and point of beginning is marked by a brass pin monument set in concrete- thence zan South 51 degrees 52' 03" West along the boutheasterly line of South Bayshore Drive (formerly known as Rhoden Boulevard) a distance of 676.001 more or less to a point marked by a nail in a one inch diameter j1ppee net in concrete; thence run South 76 degrees 25$ 57 Eaat a distance o! 549.16' more or less to a point marked by a arose out on a brass pin set on top of steel pile bulkhead on high water line of Biscayne bey; thence run North 13 degrees 23' 33" East along the above N desor}bed steel pile bulkhead and high water line of Biscayne Bay a distance of 399.4721 more or less to a point [h on the Southwesterly line of Aviation Avenue (formerly known as Trade Street) marked by a cross out on a brass pin set in concrete; thence run North 40 degree& 28' 42" Nest along the said Southwesterly live of Aviation Avenue (formerly known as Trade Street) a distance of 221.85' more or less to the Point of Beginning containing approxi- mately 4.464 teres more or less with riparian rignts and filled land and lands below high water line appurtenant and adjacent thereto, together with all buildings and 'isprbr►wsate-3eeatedsherean. And the said party of the first part does hereby fully warrant the title to said land, including all buildings and other improvements etpoted and placed thereon by the party of the first part herein, and will defend the same against the lawful claims of all persons whomsoever. An to certain improvements, betterments, alterations, fixtures, additions, structures or signs made tn or placed upon the said land by the United States of America, title to which improvements, betterments, alterations, fixtures, additions, structur'6a'or stl2w was.aagaired by the party of the first part under and by virtue of &'Final Judgment entered in the IInited States District Court, Miami Division, Southern District of Florida, in a cause entitled, *United States of America vs. Certain land located at the Pan American Airport, Dinner Key, 'Miami, lmorida", No. 886 -M -Civil, said Final Judgment being dated the 21st Day of September 1946, and entered on the 23rd Day of September 1946, the said party of the first part hereby conveys to the said party of the second part all of thi right, title and interest in and to said improvements, 01 -- 6 01 w • 10�{ Z G�n. I/V4 FUE _�',�, betterments, alterations, futures, additions, structures or signs which it acquired under and by virtue of sale Final hdgment, and will defend the title thereto against the lawful Claim of all persons whomsoever claiming by, through, or under the gala party of the first part. This conveyance is also made and accepted subject to taxes and assessments for the year 1946 and subsequent years, ~. the zoning ordinances of the City of Miami and other governmental regulations, and all conditions, restrictions and limitations as appear•q". scorn. t•;� ��� bRTTA8:98 MMMF, the said party of the first part presents to be signed in its name by its proper Its corporate seal to be affixed, attested by its .�prdtfP��d day and year above written. LTTEBTi=-:. 7 = PAN AMERICAN AIRWAYS, INC. bigned, sealed and delivered 1 in the presence of: l ?i• STATS. • bcs: ` • •+ IHEREHY CERTIFY, that on this 23rd Day of ` •lq�utc, , A.D. 1946, before me perso- na1Ty appeared and t . ­; , •��" i Te =86.t.: en and ecretary respect vo y o ., a corporation under the laws o!"the of Now York, and lawfully authorized to transact business in the State of Florida, to me known to be the persona who signed the foregoing instrument as such officers and severally acknowle�dgged the execution thereof to be their free not and deed as sur oMeers for the uses and purposes therein mentioned and i that they affixed thereto the official seal of said corporation, oo-,and that the said instrument is the act and deed of said corpora- tion. WITNESS my signature and official goal at VI Y-0: . In the County of then York and State of and year last aforesa . 4: :yro_;T:"I"otary MEMO ' • •Q' `' ' =_' My Commission Expires:. yl�� • n •.^ PHYLLIS X. OMTI,r1% t- -, Uvbbw i i Queer. Cum'., N' Y • � QeleeOr ('eomy Cb.1'• ' 9:b1 s �.. New ti'ut4 li.unry 0k0'- h•. 177 u3- Rquwn: (Nfiee • N. Y. Cu M., 6+i1),7 Cereer.las Eap,.ee 61etch 30. 1947 0x2751 rAa286 Ex iii •ail /— .ARRAMrz D� TRIS nrD]WTMX, Vmade this Aes Lday of September, A. D. 1816 between BRSSE W PHOMTXW# INCORPORATED, a corporation organized and existing w4taer the laws of the State of Delaware, and duly authorised to transact business in the State of Florida, party of the first part, slid TBS Crff OF MIAMI, a Florida scmial- pal corporation, in Dade County, Florida, post office address Courthouse, Miami, Florida, party of the second part, WITNESSETH, That the said party of the first part, for and 1n consideration of the Sam of ten ($10.00) dollars and other valuable considerations to it in hand paid by:the party of the second part, the receipt whereof is hereby aa]atowledged, has granted, bargained and sold to the said party of the second part, It successors and assigns, forever, the following described pro- perty, to wit: That certain tract of land lying and being in the City of ]tiamA,••Qaamty.of Dade, Stave of Florida, )mown as D ERY, according to the plat thereof recorded in Plat Book 34 at page 8 of the Pnblie Records of Dade County, Florida, together with all and singular all commas law and statutory riparian rights water privileges and filled in lands and lands telow high water mark appurtenant and belentigg thereto, which said tract of land is particularly described as fenews, to wits Beginniug at a point an the southacty side of Aviation Avenue (formerly known as trade Street), where the sale intersects the high water line of Biscayne Bay thence northwesterly along the southerly side of Aviation Ave- nue (formerly known as Trade Street) to the easterly side of South Hayshore Drive (former{y known as Rhodes Boulevard); thence southwesterly along the easterly side of South Ba shore Drive (formerly known as Rhodes Boulevard), to the east side of Southwest Twenty-Sevanth Avenue (formerly known as Grapeland Boulevard); thence South along the east side of Southwest twenty -Seventh Avenue (formerly known as Grapeland Boulevard) to the high water line. of Biaoayne Bay; thence easterly and northerly meandering -the high water 33ae of X wayno Hay as the same now exists to the point and plaoe of beginning, together with all and singular all commam law and statutory riparian rights water privileges, filled in lauds, and land# below ;sigh water Line ap- purtenant and boleaging thereto, tosether with all buildings and improvements located thereon. LESS the propiarty oaadesned by the United States of America for vise is connection with the Coast Guard Base at Miami, Florida, lying and being• in the City of Miami D&".Q*=ty, 71ieMda and more particularly desoribs aseganuuag at the interseottan 01— 601 ws e"Gi o eox2`754 of the southeasterly line of south Bayshore Drive With the southeasterly line of Avlat;en Avenue (tornerly Trade Street) as sham by the Plat of Dinner Ley, reeerded i& Plat Book 34 at Page B of the Public Recerds•of Dade Cormttyy, Florida which Intersection mad point of begianing is marled by a brass pia nonvuent set in concrete; thence run S. 81 degrees 821 038 Teat along the southeasterly line of South Bayshore.Drive a distance of 676.001 more or less to a point narked by a nail is a acne Inch dimaeter pipe set in concrete; thence ran S. 76 degrees 881 678 Bast a distance or 804.161 sore or less to a point narked by &'*rose cut on a brass pin set on top of steel pile bulkhead an high water line of Biscayne Bay; thence ren N. 13 degrees 83v 338 Bast along the above described steel pile bulkhead and hi#b water line of Biscayne Bay a distance of 385.47 1 &ore or less to a point an the southwesterly ]eine of Aviation Avenue (townwly Trade street) marked by a Gross cat on a tiros pia set in concrete; thence rm M. 40 degrees 261 4841 lest along the said south- westerly line of Aviation Avenue (fernerly Trade street) a distance of 281.851 more or less to the Point of Begin- ning, containing apprex mt4y 4.466 acres more or less, With riparian rights and filled lead sad lands below high water line apppssrrtmant and adjaesnt thereto, to- gether with all buildings and iaprovements located thereon. This eanvoyance is outdo by the party of the first part, and accepted by the Party of the aeomd part► Pursuant to Resolution No. 14866 of The City of Iliami entitled: A RBSOLUTIOI BR MING . FOR TBa BII.a8 IMET AID ztmsr* -or 2n,m 0m, DOC=, �AOZ An YACHT BASIN FACILITIis OF T1Q. = OF KRI AND FOR THE ACQSIOMOI OF =US= PROPEhy 'MWWM FOR TRZ FM1C33M OF CASTS OF SOCK RSL NW10T AM MPRSVMM AID FMCHASS AAD THE ISWAICZ OF CX tTIISCASSS OF aD$81'E asa OF um CIT* OF -B=AIZ PAYAM SOLUT FROM THZ NET RZr=9BY DXRZM m= TSB OMATIOI OF SUCH FACILITIO, AND SIFT OTIIIIU, To COYBR T8: "Up adopted by the Comissiomors of The City of magi on the 23rd day driku ot, 1968, and subject to the oovo- sents and agt�s�ia there*& ewatained. 1efereaos is hereby nude to that resolution. This oanveyaaas is also &ode and accepted subject to taxes and assessments for the year 3016 and "bsequeot years,"' :ening ordisaaces of the city of 1[iaai Sad other overaweatal rega3atleas, and conditions, re- strictions sad ].c=itations as appear of -record. And the said party of the brat part does hereby flally warrant the title to said And, isolwdiag all rnildiais and other Improvements erected sad pieced therean by Paan Anericen Airwsys, Inc:, and will defend the sante against the laiifnt claims of all persons whoosoever. As to certain improvenoats, batteriMts, altsratiaas, fixtures, additions, structures,or signs nude to or placed upon the said laud by the Plaited. States of Amwle&;; title to rhiah 01- 601 V to iespr ants, betterments, altoratioms, fixtnreas additions, structares or algos was acquired by Pia Amorioan Airways, Inc. soder and by virtue of a rias' Judgment entered in, the United States District Court, Miami Divisicm, Beuthern District of Florida, in a cause entitled, *baited states. of America va. Certain land located at the Pan American Airport, Dinner Key, ltiamiS Floridae, No. 866-Y-Civ11, said Final Judgment being dated the 019t day of BORtsmber , 1946, and entered an the 23rd day of September , 1946, the said party of the first part hereby conveys to the pasty of the second part all of the right, title and inter- est in acrd to said improvements, betterments, alterations, fixtures, additions, structures or signs which Pam American Airways, Inc. acquired tinder and by virtue of said final Judgment, and which sold Pan American Airways, Inc. has conveyed and transferred to the party of the first part by warranty dead dated the 23rd day Of dentember , 1946, and will defead the title thereto against the lawful claims of all persons whomsoever olaiming by, through or under the said partj'ot'`tffe first•'part. IA WITNISS VOMEOP, .the• said party of the first part has caused these presents to be signed in its name by its proper officers, and its corporate seal to be hereunto affixod, attested by its Assistant Secretary, the day and year lbove written. 0 mod, sealed and?IAB, IZOOflPQBAT�! eared in the MFG* of: A_UZZ607��� At it ri corpWate se P -.s.. t etssy 01- 601 wAb of Fbrw C31* Of Deem754 Triis i thud for rmd Ars :!_-dsr d lilt ssdra. —04US&6.— BSLTZ OF If TM = N sn fib Na v...Z? � 44- Rprrt CI"IMOvurtN COMM (W NEW 2m 8 IL I RZI= Muff that en this day personally ap- peared before me RMAL PEWS and RGVZW ANDERSON, to we +611 knowm•and kaoun to as to be Vice President and Assist Secretary, respectively, of Bessemer Properties, Incorporated, the corpor- ation named in the fereSolaS Sastrrm,ent, and knoen to ee to be the persons mho as sack Officers of said ocrporatiam Osecutsd the same; I do farther certify that tksn SMICOSTO the said Seward Phipps and Boolkae Andersen did severalty aekaorlefte before er that the said Sastrereat is the free. set and deed of said corporation by then respectively ezecuted as such officers for the was and purposes therein mWassed, that the seal there- =to affized is its corporate seal by thea is like capacity af- fised, all sender the attkarl;t7 is than 4817 Tested W the beard of directors of said corporation. fi125=58 04 hand amd Official seal at NOW Yerk, COM$7 of how York, state of Now York, this I�dsy-of septealer, A. O. t Mary Fwalle, • Itate and T a Rr :'v l4 osamissisa mad ao�.,_, k:CGy • 01.. 601 •7214K445 „ QUITCLAIM DEED .r • The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Southeast Regional 4 C Director, Bureau of Outdoor Recreation, under and pursuant to the power a: and authority contained in the provisions of the Federal Property aad Administrative Services Act of 1949 (63 Stat. 377), as amended, and z particularly as amended by Public Law 485, 91st Congress, and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), o for and in consideration of the perpetual use of the hereinafter t:. described promises as and for public park and public recreation area h6 • purposes, by the City of Miami, Florida (hereinafter designated v x "Grantee"), does hereby release and quitclaim to Grantee, and to its successors and assigns, subject to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set forth, all Grantor's right, title and interest in and to the following described property, consisting of approximately 4.517 acres, located in Dade County, Florida: Tract -vi vA__tr_a_eF of land lying and being in the City of Muni. County of Dade, State of Florida, and described as follows: Beginning at the intersection of the southeasterly line of South Bayshore Drive with the southwesterly line of Aviation Avenue (formerly Trade Street), as shown by the plat of Dinner Key, recorded in Plat Book thirty four (84), at page two (2), Public Records of Dade County, Florida, which intersection and point of beginning is marked by a brass pin monument set Ln -concrete; thence running south 510 52103" Neat along the said southeasterly line of South Sayshore Drive a distance of six hundred seventy -Five feat (675.001) more or less to a point marked by a nail in a one inch diameter pipe set in concrete; thence running south 760-25'-57" east, a distance of five hundred ninety nine and sixteen one -hundredths feet (699.161) more or less marked by a cross cut on a brass pin set in the top of the steel pile bulkhead on the high water line of Biscayne Bay; thence running north 180-25'-93" east along the above described steel pile bulkhead and high water "no of Biscayne Bay a distance of three hundred ninety nine and four hundred seventy-two one thousandths feet (999.4721) sore or lose to a point located in the southwesterly line of Aviatiap.•Avenue (formsrly Trade Street), thence running Borth 400 28' 42" West for a distance of two hundred r 01- 601 Q ffllnns- -T(i4 K 574' twenty-one and eighty-five one -hundredths feet (221.851) amore or less to a point of beginning hereinbefore described and containing approximately 4.464 seems wore or less, all as shown on U.S. Coast Guard Miami Air Station Plot Plan Number 3284, including all rights, title and interest in and to ell common law and statutory riparian rights, water privileges and filled land and lands below high water line appurtenant and adjacent thereto; subject to the Northwesterly 44 fact thereof deeded to the City of Miami for road right-of-way purposes as recorded in DB 34 p.2." Subject to the Easement Deed from the United States of America to The City of Miami, dated May 11. 1956 for a forty-four (44) foot right of way easement for road right of way purposes as recorded in Deed Book 34, page 2 of the public records of Dade County, Florida. Tract #2 mmaerwoe at the intersection of the Southeasterly Line P South Bayshore Drive with the Southwesterly line of Aviation Ave. (formerly Trade Street) as shown on the plat of Dinner Key recorded in Plat Book 34 at Page 2 of the public records of Dade County, Florida, which intersection is marked with a brass pin monument set in concrete; thence run South 400 28' 42" E for a distance of 177,81 feet to the point of beginning of a parcel of land herein described. From said point of beginning continue along the last described line for a distance of 61 feet to a point; - thence run South 630 20' 52" W for a distance of 60.02 fast to a point; thence run Borth 760 36' 27 W for a distance of 1L.3 fest to a point in the said North- easterly line of the 09 tract; thence run North 130 28' 33" E for a distance of 69.1 fast to the point of beginning; containing 0.053 scree, more or loss. SUBJECT to any and all existing rights of way, ease ants and covenants, restrictions, reservations, conditions and agreements affecting the above described premises. whether or not the same now appear of record. RESERVING to the Grantor, and its assigns, all oil, gas, and other minerals in, under, and upon the lands herein conveyed, tgother with the right to enter upon the land for the purpose of mining and removing e sane. To Haw and to Hold the hereinbefore described property, subjeat to the reservations, exceptions, restrictions, conditions and oowmants herein expressed and set forth unto the Grantee, its successors and assigns, forever. Pursuant to authority contained in the Federal Property and Administrative Services Act of 1949s as areded, and applicable rules, raguLtions and orders promulgated thereunder, the General Services 7L (*9W 1 ` n`7614 575 Administration determined the property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for further conveyance to the City of Miami, Florida. It is Agreed and Understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree for Itself, and its successors and assigns, forever, as follows: 1. This property shall be used and maintained for the public purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained In the application, submitted by the Grantee on June 17, 1971, which program and plan may be amended from time to time at the request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or -marker near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal Government for use by the general public. S. The property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance, However, nothing in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements to obtained in writing from the Secretary of the Interior. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the 3 01.. 601 • - 7K4 is 576 • 111 756.1 ftT preceding two-year period, and other pertinent data establishing its eatisNous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 5. If at any time the United States of America shall determine that the premises herein conveyed, or any part thereof, are needed for the national defense, all right, title and interest in and to said premises, or part thereof determined to be necessary to such national defense, shall revert to and become the property of the United States of Merica. 6. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this Deed is mode will be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior as in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the Grantee, its successors and."signs, will. promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judfcial enforcement of this covenant, and (5) the Grantee, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall. with respect to the services or benefits which he is authorized to provide, undertake for himself the tame obligations as those imposed upon the Grantee, its successors and "signs, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior. or his successor; and that this covenant shall sun with the land hereby conveyed, and shall in any event, without regard to technical 4 01- 601 969 J'7014 vc 577 - classification or designation, lr.;al or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns. 7. In the event there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, Its successors and assigns, to perform said conditions and covenants. or otherwise, all right, title and interest in and to the said promises shall revert to and become the property of the Grantor at its option, which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest In said premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the Grantee, its successors and assigns, with respect to such future perfov"nce shall continue in full force and affect: IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and on its behalf this the 0A day of 1972. tltt'ITED STATES OF AMERICA Acting by and through the Secretary of the Interior through: ROY K. WOOD .••• t S*u th"141,110�F>G'�.� Sure& o td. inl IM The attached decd of dedication or Conveyance was acceptod and approved Ey •_ . tivs_ 17t day ofFebruary , A.D. 19_U tj Resolution No 43 24 passed Qt` .3.:.i adopted b;, ' : Commission of The �I Af•�A� G'it`j•of tJ.iar. ar�aa. .,......,, �•: - tY gar '••::::..• ' 0 Vo 01. 60 :21I110II9I C Frnrn, LooNrd L, Rolnnbnp To Ctty of Mani City C%* Mae: 11=1 Timra 4:17:61 PM Popp 1 of 1 FACSIMILE COVER PAGE, _ To! City of Miami City CI Sent ; 1/20101 at 4:27.46 PM Subject: Commission Meeting 1/25/01 2645 South Boyshore Drive Wafter J. Fooman, City Clerk City of Miami City Hall - 3500 Pan American Drive Miami, Fk)rido 33133 Fax: (305) 858-1810 Dear Mr, Foeman: From : Pages Miami, FL 33133 January 22, 2001 L=rd L, Rosenberg 2 Qncluding Cover) Pursuant to the rules of the County Commission, I hereby give notice of my intent to speak regarding the following matter: Special exception requiring City Commission approval as listed In Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a marina, retail specialty shops and exhibition space and banquet hall, and a restaurant and raw bar for the properties located at approximately 2600/2640 South Sayshore Drive The matter is currently scheduled for discussion on January 25, 2000, at "after 2:OOPM" Please advise me it there is a change of time or date. Sincerely yours, Leonard L. Rosenberg 305-860.8683 01- 601 I�ra� t iari*ec, Rennihy ro cny a aMnw dry t Of. MM TbM: 4:rs2 ons • 0 CITY OF NlAhtl FLORIDA INTER -OFFICE MEMORANDUM Lourdes Slazyk, June 13, 2001 is Assistant Director anrL P ing and Zoning Department Grove Harbour aueueci r� i 1�U'l NEFGNENCES Juan C. Gonzalez, Accting Zoning Adminis r enc��sur+Fs � lanning and Zoning Dep t The following changes are to be incorporated in the Grove Harbour plans. 1. The total number of provided parkjgj; spaces is reduced from 344 to 330 parking spaces. ---��" 2. A five (S) feet CBS wall is to be placed on the Easterly property line in lieu of a three (3) feet green area. 3. The most Westerly parking row is eliminated and replaced with landscaping. 4. Southeasterly parking to be reduced to comply with the fifty (50') feet Charter setback. 5. Total square footage amended from 109,877 to 114,577 to accurately reflect total square footage of buildings. b. Landscape islands increased to five (S') feet of green area to comply with the requirements of the Guides and Standards. JCG: to Ce. Ana Gelabert-Sanchez, Director Planning and Zoning Department Zoning rile Submltte d Into the pw,,fir. record in c�;�,"-�:�:r, ftem A.? -a.. or- 1a.7"V-0/ waiter 81. ,,, 01- 601 C111r • • SU1)M;4%ter 1044-n the ptihi;,, record in Co;ltlt t roll Item .%A_ - tm WMI01 Fc. Mark Alvarez, AICP Citt EDUCATION Master of Science, Civil Engineering, Ohio State University, 1990 Master of City and Regional Plonning, Ohio State University, 1990 Bachelor of Science, Operations Management, Ohio State University, 1988 PROFESSIONAL MEMBERSHIP American Institute of Certified Planners (AICP) Institute of Transportation Engineers (ITE; American Society of Civil Engineers (ASCE) International Parking Institute (IPI) COMMUNITY 51IRVICE City of Miami Beach Transportation and Parking Committee, Commission Appointee, 1998-1999 City of Miami Beach Traffic Calming Committee, Chairperson, 1999 PROFESSIONAL TRAINING Pedestrian Safety Training Program, Florida Department of Transportation, 1993 Cdloboralne Neighborhood Plonning Dispt ie Res "w WaW-op, Fbrido Cv:)eA ManogementCoriict Resolution Consortium,1993 ExpeltIENCE Principal, Meridian Consulting 1998 - present Miami, Florida Mr. Alvarez As is the principal of Meridian Consulting, a company specializing in community planning, land use planning, capital improvement planning, transportation impact analysis and plans, transit planning, and parking analysis services. These services are provided to public and private clients, both directly and as a sub -consultant to several local firms Specific projects are listed below: COMPREHENSIVE PLANNING, & REDEVELOPMENT ► City of Miami Beach Capital Improvomont Program Development; Miami Beach, Florida, 2001 ► North Miami Community Transit Circulator Implementation; North Miami, Florida, 2001 ► City of Sunry Isles Beach Comprehensive Plan; Sunny Isles, Florida, 2000 ► City of Miami Beach General Obligation Bond Development Program; Miami Beach, I'lorida, 1999 ► Foss Waterway Strategic Plan, Tacoma; Washington, 1998 ► Downtown Racine Comprehensive Planning Study; Racine, Wisconsin, 1998 ► City of Miami Beach Housing Authority Application for New Approach Anti -Drug Program; Miami Beach, Florida, 1998 1RANSPORTATION & PARKING ► Deering Boy Yacht and Country Club Parking Study; Coral Gables, Florida, 2000 ► Port Lauderdale Beach Transportation Study, Park and Ride Feasibility Study; Port Lauderdale, Florida, 2000 ► North Miami Community Transit Circulator Plan; North Miami, Florida, 2000 ► Port of Miami Master Development Pion - Transportation Element; Miami, Flo. ida, 1999 ► City of Plantation Comprehensive Plan - Transportation Element; Plantation, Florida, 1999 ► Foss Waterway Development Parking Analysis, Tacoma; Washington; 1998 ► Downtown Market Plan, Transportation and Parking Components, Tacoma; Washington, 1998 ► Miami Design District & Little Haiti Charrette, f ronsaortation and Parking Components, Miami, Florida, 1998 ZONING & LAND USE IMPACT ANALYSIS ► Impacts of Special Exceptions of the Grove Harbor Caribbean Market Place & Marii a, city of Miami, 2001 ► impacts of Major Use Special Permit (MUSPI for Roads and Miami Av. HOA before City of Miami Commission; 2001 MERIDIAN CONSULTING 2b20 Coral Way #2190 Miarni, Florida 33145 tel 305.756.0714 fox 305.756.8032 of- Got • Submitted Into the publle n1XVIllig, In conn ion with Mem -2 on �., ► Land use interpretation of medical clinic ice Conal Gables HOA before Cav of Corm Gables Commission, 20007Di7i1r l=oeman b- Home Depot non-use variance impacts for Keystone and Sax Savo tiOA before Miami-[ode Board of County Commissioners; ► Miami Children's Museum special excoation impacts for Roods HOA beforo Miami-Dope Board of County Commissioners; 2000 Clll1Y Clerk ► Ministario EI Buen Pastor special exception and unusual use trial and parking impacts before Miarr•Dade Zoning Appeols Board, 2000 ► Walgreens opplicotion for rezoning impact analysis before Mlomi•Dade Board of County Commissioners; 1999 ► Publix application for rezoning traffic impact analysis beforo the City of Pompano Beach, Florida Commission; 1998 ► Rezoning application traffic impact analysis before the City of Mromar, Florida Commission, 1998 ► DP Coloniul redevelopment application for non-use variance troffic analysis before the Villacte of Sunny Isles Beach, Florida; 1998 ► Boyshore Palms traffic impacts for the Point View Association before the City of Miami Commission; 1998 Senior Planner, Carr Smith Corradino 1993- 1998 Miami, Florida As senior planner of Can Smith Conodirra (CSC), Mr. Alvarez lead the community planning, land use, and transportation planning projects for CSC. He was responsible as project manager for the technical coordination, data collection and analysis, community input, final recommendations, and presentations for various projects, including: the Miami Beach Municipal Mobility Plan (City of Miami Beach); North Miami Beach Boulevard Corridor Study IFDOT and City of North Miami Beach); North Miami Beach Neighborhood Traffic Calming Projects (City of North Miami Beach); South Beach Electric Shuttle Plan (City of Miami Beach, and Miami -Dade MPO); Fort Walton Beach Community Redevelopment Plan Update (City of Fort Walton Beach, Okolooso County); Coconut Grove Planning Study (City of Miami); Omni Area Redevelopment Plan for the Performing Arts Center (Downtown Development Authority, Miami), Northeast Dade Transit Improvement Study (Metro -Dade Transit Agency); and the Hialeah Comprehensive Plot) - Transportation Element Update (City of Hialeah). He also participated in technical capacities and community involvement for various other projects. Regional Planner, South Florida Regional Planning Council 1992-1993 Hollywood, Florida As Regional Planner for the South Florida Regional Planning Council (SFRPC), Mr. Alvarez was responsible for a variety of regional and transportation planning assignments, including updating the transportation element of the Strategic Regional Policy Plan (SRPP), evaluating local comprehensive plan amendments, staffing the Technical Adv sory Committee of the Fort Lauderdale Airport Expansion, performing o regional Hurricane Evacuation Study, and assessing airport and seaport growth in the Dade, Broward, and Palm Beach Counties for a regional economic analysis In addition, Mr. Alvarez was project manager for the inception US Deportment of Energy, and Florida Department of Community Affairs Clean Cities Program in the South Florida Region Transportation Engineer Intern, Burgess Niple, Ltd. 1992 Columbus, Ohio As Transportation Engineer Intern, Mr. Alvarez performed data collection and technical analysis for the Ohio State University and Medical Center Peop a Mover Feasibility Study. He developed a ridership model, and performed forecasts for vanous alignments, station locations, and operational alternatives, for a proposed 2.05• mile automated -guideway light rail on a 1,700 -acre compus of with 80,000 students and employees Engineering Aid, Environmental Systems Engineering, 1988-1992 Science Applications International Corporation (SAIC), Columbus, Ohio At the Environmental Systems Engineering Division of Science Applications International Corporation (SAIL), Mr. Alvarez performed technical analysis, on site survey and other field work, and community relations activities for environmental remediation projects at Department of Energy and Department of Defense sites at: Fernald, Ohio; Portsmouth, Ohio; Wright Patterson Air Force Base in Dayton, Ohio; and the Y-12 Plant in Oak Ridge, Tennessee, Mr Alvarez also developed and administered a Computer Services, Technical Graphics and Drafting Services Center for the Environmental Systems Engineering Division, and the Risk Management and Engineering Division, ME-RIFAAN CONSULTING 2520 Coral Way #2190 Miami Florida 33145 tel 305.756.0714 ig�3Q5J56.8032 U1 601 II1I011lIZY.