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HomeMy WebLinkAboutO-12008J-00-929 11/7/00 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 13 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE. 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 5932 NORTHEAST 2m AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY . CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of October 16, 2a00, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 2000-0363, by a seven to zero (7 to 0) vote, thus constituting a RECOMMENDATION OF APPROVAL for a change of zoning classification, as hereinafter set forth; .and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: .,. E, A 7 111,71111 MINE 12008 Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is hereby amended by changing the zoning classification from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial for the property located to located at approximately 5932 Northeast 2nd Avenue, Miami, Florida, as legally described in "Exhibit A"; attached hereto and made a part hereof. Section 2. It is hereby found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax. the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; Page 2 of 4 12 10 0 8 • (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 13 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is hereby amended to reflect the changes made necessary by this Amendment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section S. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 3 of 4 1200 8 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.11 PASSED ON FIRST READING BY TITLE ONLY this 16th day of November 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of December , 2000. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated plaPf, , provided. said legisiatic., ,.v becomes effective with the Apse of ten (1 ) gays m the I ce o-� Cc mis �r-. .jn regarding same, without the Mayor e�cerc wing o. lop, Clerk WALTER J. FOEMAN CITY CLERK- K DES VILARELLO C ATTORNEY 957:YMT:nr:BSS 11ti1(00 TNESS J. FSAmaj, �i This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 12008 66p2N.WoRcoA3EET,SIriTE202 Y w MIASM, ONE: (3 blt28 �lL 14Tj SURVEY NO. TElEPf10NE: (SOS) 220.9t7t (�� 7 FAX: (M) W-T= LAND SURVEYORS _ SHEET NO. `� OF EXHIBIT " A " LEGIN AT A POINT 25 TWEET WEST AND 749.94 FEE'(' SOUTH Ole '1'1-1E NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN WEST 1,16.49 '.-'EET; THEI4CE RUN SOUTH 101.51 FEET; THENCE RUN EAST 147.00 THENCE RUN NOR`l'H 104.35 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA; SUBJECT TO DEDICATION FOR STREET AND/OR SIDEWALK PURPOSES OVER Tll IE EAST 10 FEET DEDICATION FOR STREET AND/OR SIDEWALK PURPOSES OVER THE EAST 10 FEET DEDICATED TO THE CITY OF D.,HAMI BY DEED i ILED APRIL 7, 1958, UNDER C:LERIC'S FILE NO. 58k 5,E 138 AND SUBJECTALSO TO AN EASEMENT FOR INGRESS AND RESS OVER THE NORTH 8 FEET AND THE SOUTI1 8 FELT, PURSUANT TO DECREE DATED FEBRUARY 10, 1939, AND ENTERED IN CHANCERY CASE NO. 52803; ALSO. KNOWN AS 5932 NE 2 AVENUE, M-JAMI, FLORIDA. LESS THE EAST 107.40 FEET THEREOF. PZ- 8 SECOND READING ZONING FACT SHEET Case Number: 2000-0365 16-Oct-00 Item No: 1 Location: Approx. 5932 NE 2 Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Christinan T. Neptune Sergio A. Caceres, Agent 5961 NE 2 Avenue 13255 SW 137 Ave, #209 Miami, FL 33137 Miami, FL 33186 App. Ph: (305) 759-5381 Rep. Ph: (305) 252-1516 ext Rep. Fa (_) = ext Zoning: R-3 Multifamily Medium -Density Residential Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from R-3 Multifamily Medium -Density Residential to Restricted Commercial. Purpose: Recommendations: Planning Department: Approval Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: 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: The Change in Land Use was recommended for approval to the City Commission by the Planning Advisory Board on September 20, 2000, by a vote of 6-0. Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-0363 12008 * INLOHP O9RTE0. * ZONING FACT SHEET Case Number: 2000-0365 16-Oct-00 Item No: 1 Zoning Board: recommended approval to City Commission. Vote: 7-0 City Commission: N/A ANALYSIS FOR ZONING CHANGE Approximately 5932 NE 2nd AVE. CASE NO: 2000-0365 Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for an amendment to the Zoning Atlas has been reviewed as follows: The request is to change the Zoning designation as follows: 5932 NE 2"d AVE. (complete legal description on file with the Hearing Boards Of- fice), from R-3 "Multifamily Medium -Density Residential' to C-1 "Restricted Commercial". The following findings have been made: • It is found that immediately adjacent to the east, the area is designated "Restricted Commercial" and is under the same ownership as the subject property. • It is found that the Land Use designation boundary line, which separates the Residential designation from the Commercial designation, divides the entire property, thus rendering it difficult to develop in a cohesive manner. • It is found that the subject property is only a strip of land at the rear of the lots fronting NE 2"d Avenue with no direct access to 2"d Avenue. • It is found that the change to "Restricted Commercial" will represent a logical extension of that category that will give direct access from 2"d Avenue to the subject property. • It is found that the requested change to "Restricted Commercial" will increase the possibility of the subject properties being developed and enhanced in a manner that will directly benefit the adjacent area. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. 12008 ANALYSIS FOR ZONING CHANGE f CASE NO. 2000-0365 Yes No N/A ❑ W ❑ In harmony with Comp. Plan; does not require amendment. [] ❑ ❑ In harmony with established land. use. C ❑ ❑ Is related to: adjacent and nearby districts. ❑ ❑ Is within scale with needs of neighborhood or City. 0 ❑ ❑ Maintains similar population density pattern. 0 ❑ ❑ Existing district boundaries are illogically drawn. ❑ ❑ Changes or changing conditions that make change necessary.: W ❑ ❑ Positively influences living conditions in neighborhood. 0 ❑ ❑ Has similar impact on traffic; does not affect public safety. W ❑ ❑ Has similar impact on drainage. W ❑ ❑ Has similar impact on light and air to adjacent areas. F%,,] ❑ ❑ Has similar impact on property values in adjacent areas. 0 ❑ ❑ Contributes to improvement or development of adjacent property. Fv�, ❑ ❑ Conveys same treatment as to owners within same classification. Wl ❑ ❑ Property is unfairly limited,under existing zoning. Fv_1 ❑ ❑ Difficult to find other adequate sites in surrounding area. ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ 1-1 ❑ ❑ o 12`08 Miami Zoning Board Resolution: ZB 2000-0363 Monday, October 16, 2000 Mr. Georges Williams offered the following Resolution and moved its adoption . Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 13, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 5932 NORTHEAST 2ND AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL. Upon being seconded by Mr. Rodolfo De LaGuardia, the motion was passed and adopted by the following vote:, Mr. George Barket Away Ms. Gloria M. Basila Yes Mr. Rodolfo De La Guardia Yes Mr. Charles J. Flowers Yes Ms. Ileana Hernandez -Acosta Yes Mr. Humberto J. Pellon Away Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Away Mr. Angel Urquiola Yes Mr. Georges Williams Yes Ms. Fernandez: Motion carries 7-0 AYE: 7 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 3 Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2000-0365 Item Nbr: 1 12008 &CTION 2210. NATURE AND REQ U&NTS OF ZONING BOARD REPORT TO CITY COMMISSION (CIRCLE APPROPRIATE CONDITIONS) When pertaining to the rezoning of land under application made under . Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered; where applicable, whether or not: (a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment; (b) The proposed change is in harmony.with the established land use pattern; (c) The proposed change is related to adjacent and nearby districts, (d) The change suggested is not out of scale with the needs of the neighborhood or the city; (e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on.public facilities such. as schools, utilities, streets,, etc.; (f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; (g) Changed or changing conditions make the passage of the proposed change necessary; (h) The proposed change positively influences living conditions in the . neighborhood; (i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; (j) The proposed change has the same or similar impact on drainage as, the,existing classification; (k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed change hasthe same or similar impact on property values in the adjacent area as the existing classification; (m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; 0 • (n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare; (o) There are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. (MOTION) After considering the factors set forth in Section 2210 of Ordinance 11 000LLmovalbat the request be recommended to the City Commission for (APPROVA)(DENIAL). Sign Agenda Item Date f TO if is i2 11 D 9 0r�3 1 67 ST Cam+ ME .. E ,eo eta . wm 0 1 • 13 N T K ii.• 3• 33 37 31 2 •, . �, 2 Q � - H.w. C ,! J b 39 ®54 a V 4 !T a V '/ 'tiZ T •� Lea • ° T a / w.w.•• _ emrEe�:mRRR� L _ ITQ •. h Ri f0 Te r 7f T e • i0 it Z 6s 7 f• 0f go fl r a) b 1 tz Q iR•CT ARM& t ►RAtlAA or J'Y > ?k,447 f• 1 $l J! 4 3la B3E� ••o 7T N,IE. 68 S L \(y, TR.E 7R.0 f- TRACT-� V N NE 67 ST oTR.E TRACT-M TRACT W P .. S iR.F = LL! 65 ST 2! O T TR. H L,—j 1141 N.E. 64 TER TR.J +o » TRACT- N TR.O TR. R 7R.K m�i�����sl io©tea 0�... s:�',t'j�iv ©[p �! � � • 041111®��de�.- .1�111 oR��I a���m .A � - - � � � ■����o •• �� 81 11 bill m 11 lip ....... .... [MEW.01 :mad 'lull! I oo400 In! mmmmo�mm R�� �MWWLIDURVERTURE SCHOOL/ �, �oAo fob®Pa o ®ion emkon m NOW FAN, � loll MEN umr� oQ, mm "go II:� C �a eaoo®000� �Jl'f :• 11,:. .� waus A• Ewa rT �- 'l�u ■ate, �� :�� _ , ill A. .�! I �Y�W� 1�ns�� .,ccrcr,.f.``�����EEE;;•••Noll �mmmo �ovvv@� �eemem ���a�m MWEN . . . . . . . . . . . . . . ......... ... .... . ..... 7117/7� CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT +rerw+wrreerreaeareewr+r+*+++rarereran+rrerw+rrrer+aeererewa+rrrrrrrrrrararaarrarrr+arrararrraaararrrrrerrrr++earn+errrwrarrrwa++rr 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. rera+rweaare+erwrrrrer+rarrerwr++craw+aararara+arawa+arweear+rr+rrrarrrarrawrr+a+arrr+rrer+rreaaarrr+earrrararaarrrarrrr++ar++ar+r 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. I CHRISTINAN T. NEPTUNE hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 5932 N 2 Ave— Miami, FT 11117 2. Folio number: 0131130000190 3.. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 4. Surveys need to be stamped by the Office of Hearing Boards and signed by Public Works, Zoning and Planning prior to submittal of application. 5. Affidavit and disclosure of ownership of property covered by application and disclosure of interest (see attached form). 6. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by this application. 7. At least two (2) photographs that show the entire property (land and improvements). 8. Present zoning designation(s): R-3 9. Future zoning designation(s): C-1 10. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this'application): 11. Statement explaining why present zoning designation is inappropriate. The present zoning designation is inappropriate due to the rear portion of the lot zoned R-3 (residential) has no street access except thru the majority of the lot zoned C-]. (crcial) , 12. Statement as to why proposed zoning designation is appropriate. The proposed zoning designation will allow the entire parcel to have street access in order to develop the parcel. 13. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property.. 14. Other (specify): 15. Cost of processing according to'Section 62-156 of the Zoning Ordinance: Change of zoning classification: CS, PR, R-1, R-2; per square foot of net lot area $ .15 Minimum` $ 635.00 R-3, R4, O, G11, HP' per square foot of net lot area $ .20 Minimum $ 750.00. C=1, C-2, I, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing mail notice fees',` including cost handling and mailing per notice Signa NamE Address Miami, FL 33137 Telephone (305) 759-5381 Date: May 01, 2000 5961 N.E. 2 AVE • • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this /0 day of Jtl� 2000 , by. CMIS-171M T- EJEMAJC-7 who is personalty known to me or who has produced as identification and who did (did not) take an oath. ,ate cr SE1100 A CACERES :.: MY COMMISSION # CC 916827 o = EXPIRES: Match 7, 2004 BW49d Thm Notuy Pubk Undmwftm STATE OF FLORIDA COUNTY OF MIAMI-DADE Name Notary Public -State of Florida Commission No.: My Commission Expires: The foregoing instrument was acknowledged before me this day of _ 20 , by of a 5; corporatiion 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: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20 , by behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath. 3. day of partner (or agent) on , a partnership. Name: Notary Public -State of Florida Commission No.: My Commission Expires: AFFIDAVIT STATE OF FLORIDA } )SS COUNTY OF MIAM-DADE } Before me, the undersigned authority, this day personally appeared Cf: —, r AN m _ NFPT[TNF 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 r .l a public hearing as required by the Zoning Ordinance 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. \ Appli is Signa re STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this 2 day of K�-/ -19 2ay, by G tfQ,1S?14M NIE who is personally known to me or who has produced fL- * N 135- i 1 4 % - ZEA • D , as identification and who did (did not) take an oath. A.CWM Name: " sago MY (;oMMISSION S (x 916827 ptpIRES:Mamdm7,M Notary Public -State of Florida + 8mdWT ,,NO"PubkUnd&vfts Commission No.: . My Commission Expires: 12008 OWNER'S LIST Owner's Name CHRISTIAN T. NEPTUNE Mailing Address 5961 N.E. 2 AVE Zip Code 33137 Telephone Number (305) 759-5381 Legal Description: 01-3218-016-0030 : Lot 3 Blk 13 Pierces Lemon_ City PB43 & 2-21 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Zip Code 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 4 Legal Description Legal Description • f DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 5932 N.E. 2 AVE Folio #: 0131130000190. Legal Description: See Attached Exhibit " A " 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest, Christian T. Neptune 5961 N.E. 2 AVE Miami, FL 33137 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. Folio#: 0132180160030 Lot 3 BLK 13 Lemon City PB B43 & 2-21 hq "Atter STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this Z day of -P 11y •1.9 zom by G wts�gA T� : P%EPNt who is personally known -to me or who has produced .FL # n113Eo- it Z• At - 254 %G as identification and who did (did not) take an oath. t..•. % y SERGIOA CACERES MY COMMISSION # CC 916627 r EXPIRES; March 7, 2004 80mied Thru Notary Pubk Ur Oftrw t m Notary Public -State of Florida. Commission No.: My Commission Expires: d &92 N,W, 71A d5REET. SCITE 2M \UAW. FLORM 33126 TELEPHONE: (=0 220-3171 FAX PM) 6SM7M - � lTzl Au6ivilrs xtr. . LAND SURVEYORS EXHIBIT " A LE�k� o�'sceeir�nc�vv .' ' r>- SURVEY NO. SHEET NO. ✓ OF BEGIN AT A POINT 25 FELT WEST AND 749.94. FEET SOUTH Ole 'ITIE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN WEST 116.49 '.�EET;THENCE RUN SOUTH 101.51 FEET; THENCE RUN EAST 147.00 ,;'LET; THENCE RUN NO1Z M 104.35 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA; SUBJECT TO DEDICATION FOR STREET AND/OR SIDEWALK PURPOSES OVER T IE EAST 10 FEET DEDICATION FOR STREU- r AND/OR SIDEWALK PURPOSES OVER THE EAST 10 FEET DEDICATED TO THE CITY OF NHAMI BY DEED ►i 1LED APRIL 7, 1958, UNDER CLERK'S FILL NO. 581Z- 511138 AND SUBJECT ALSO TO AN EASEMENT FOR INGRESS AND Z"RESS OVER THE NORTH 8 FEET AND THE SOU'ITI1 8 FELCC, PURSUANT TO DECREE DATED FEBRUARY 10, _1939, AND ENTERED IN CHANCERY CASE NO. 52803; ALSO. KNOWN AS 5932 NE 2 AVENUE, P%:IAMI, FLORIDA. LESS THE EAST 107.40 FEET THEREOF. nr[. PERSONAL REPRESENTATIVE'S DEED THIS INDENTURE, made this 4 � day of }t/.c'�L 1999, between BARBARA ANN WRIGHT, as Personal Representative of the Estate of GENNELL PASLEY, Deceased, hereinafter called "Grantor", and CIIJUSTIAN T. NEPTUNE, whose Post Office Address is 290 N.E. 108 Street, Miami, Florida 33161, hereinafter called "Grantee", (wherever used herein, the singular shall include the plural and gender shall include masculine, feminine, and neuter, as the context requires). The Grantor, pursuant to the power of sale set forth in the Will of the Decedent dated January 30, 1984, and acting under authority granted in that certain Court Order entered in the Estate of GENNELL PASLEY, Deceased, Case No. 99-795 (04), Probate Division, Circuit Court for Dade County, dated March 16, 1999, and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey and transfer to the Grantee and the Grantee's heirs, . successors, and ,. assigns forever the following described real property located in Dade County, Florida: Begin at a point 25 feel West and 749.94 feet South of the Northeast corner of the Southeast Quarter of Section 13, Township 53 South, range 41 East; thence run West 146.49 feet; thence run South 10151 feet; thence run East 147.00 feet; thence run North 104.35 feet to the point of beginning, lying and being in Dade County, Florida; subject to dedication for street and/or sidewalk purposes over the East 10 feet dedicated to the City of Miami by Deed filed April 7, 1958, under Clerk's File No. 5811-54138 and subject also to an easement for ingress and egress over the North 8 feet and the South 8 feet, pursuant to decree dated February 10, 1939, and entered in Chancery Case No. 52803; also known as 5932 N.E. 2nd Avenue, Miami, Florida. Subject to: 1. Taxes for the year 1999 and subsequent years; 2. Conditions, restrictions, limitations, reservations and casements of record. TOGETHER with all and singular the tenements, hereditamcnts and appurtenances thercunto belonging or in anywise appertaining, and all the right, title, interest, claim and demand whatsoever which the Grantor has in and to said property.. TO HAVE AND TO HOLD the same unto the Grantee and Grantee's heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has set hand and seal on the day and year first above written. Signed, sealed and delivered iiv the presence of - Print Name: �.�6/e y ('p _-/A/ BARBARA ANN WRIGHT, as Personal Represen- tative of the Estate of GENNELL PASLEY, _ 103 E. Sherwin Drive, Urbana, IL 61801 Print Nati. ��ffP�/.� C /i%,'/. accaRoeo w oMc+u: REcoaos eooK 11IA16&V [ltiHaaW ReCOPSTATE OF ILLINOIS HAFN Y 111Jo • HARVEY RUVIN COUNTY OF CI�PAIGN CLERK clRcutr COURT THE FOREGOING instrument was acknowledged before me on /W /y / `- 1999, by BARBARA ANN WRIGHT, as Personal Representative of the Estate of Gennell Pasley, Deceased, and who is personally kppwn to me or who has produced the following as identification: Illinois Driver's License Number 6'V b l� .3 - % 61 Y -a 7 9 q Commission No./Expiration: FFICIAL:$. "' Q:`d&FIN EA:F TE OF 0.uNt?tS Prepared by.0 �IRE'07l23/MEdward G. Mal .. . .;�N. w�..r.,.. 45 N.W. 8 Street, Suite 107` Homestead, Florida 33030 Telephone No. (305) 246-4630 FZeJvrn �c -T;_.HQ a 1SnC• `7c1 jop— 1 c +h 7r Notary Public: PrintName: amen v /��, ), G - ('n / / / /✓ 12008 • 0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 12008 in the ............XXXXX ...................... Court, was published in said newspaper in the issues of Dec 29, 2000 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail _ CITY OF MIAMI, FLORIDA , JAII OTICE OF PROPOSED ORDINANCES n ti that on -the 14th of DecemberinteresTed persons will take notice 2000, the City Commission of•Miami, Florida adopted the following titled ordinances: ORDINANCE NO. 12000 AN. EMERGENCY ORDINANCE OF THE MIAMI CITY-COM- MISSION AMENDING ORDINANCE NO. 11557, AS AMEND- ED, ADOPTED OCTOBER 14, 1.997, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A SPECIAL REVENUE FUND ENTITLED: "STOP VIOLENCE AGAINST WOMEN," TO INCREASE APPROPRIATIONS, IN THE AMOUNT OF $60,092,-CONSISTING OFA GRANT FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN THE AMOUNT OF_$44,886 AND IN -KIND SERVICES.MATG�7 IN THE AMOUNT OF $15,206; AUTHORIZING ThiE,CITY MAIy__' ,AGER TO: (1) ACCEPT SAID GRANT AND EX,EEfUT.E. THE NECESSARY DOCUMENTS, IN AI FORM ACCEPTABLE TOE THE CITY ATTORNEY, (2) EXPEND MONIES F140M TH15 = FUND FOR NECESSARY- EXPENSES TO;COCT-INUE THE% ,,.,OPERATION OF THE PROGRAM; AND (3) �EXE61LITE.:PRO-;:- sFESSIONAL SERVICES. AGREEMENTS WITH INDIVIDUALS, - IN A FORM ACCEPTABLE TO THE CITY.ATTORNEY,'FOR�'.- THE PROVISION OF. DOMESTIC VIOLENCE SEN@R;COUN= -' SELOR(S)LVICTIM ADVOCATE(S), IN AN ANNUA�OUNTC NOT TO, EXCEED - $44,886 FOR AN ADDITIONAONE.(1) YEAR. PERIOD; FURTHER ALLOCATING FUN S IN yTHE AMOUNT OF $15,206 FROM THE DEPARTMENT�OF PO— LICE -GENERAL OPERATING BUDGET. FOR THE REQUIRED IN-' KIND MATCHING FUNDS; CONTAINING A REPEALER PRO- VISION AND SEVERABILITY•CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 12002 AN EMERGENCY- ORDINANCE OF THE MIAMI CITY COM- MISSION RELATING TO SIDEWALK AND STREET VENDING; AMENDING -CHAPTER 39, ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,-AS AMENDED, BY ESTABLISHING THE- "BISCAYNE BOULEVARD SPECIAL VENDING DIS- i TRICT";- PROVIDING DEFINITIONS;, ESTABLISHING DIS- TRICT BOUNDARIES; PROVIDING FOR EXCLUSIVE VEND- ING FRANCHISE OPPORTUNITIES AND LOCATIONS; PRO- VIDING CRITERIA; PROVIDING FOR FRANCHISE FEES; ES- :•I TABLISHING PUSHCART DESIGN CRITERIA AND REVIEW; PROVIDING .OPERATING REGULATIONS AND LIMITA- • I TIONS; PROVIDING; FOR ENFORCEMENT, REVOCATION AND APPEALS; PROVIDING FOR HOLD HARMLESS AGREE- MENTS, -INSURANCE, TAX CERTIFICATES AND COMPLI-ti 1 ANCE WITH -APPLICABLE LOCAL AND STATE REGULA- TIONS; MORE PARTICULARLY, BY AMENDING SECTION 39- 26 AND ADDING. NEW,,SECTION 39-37.1 TO SAID: CODE; CONTAINING A REPEALER PROVISION -AND A SEVERABILI- TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. z.. ORDINANCE NO. 12003 -,,AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- INGd THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARK TRUST (THE "TRUST"), SET FORTH THE LE- GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG- NATE':THE -TRUST'S- JURISDICTIONAL AUTHORITY, `SET 4 FORTH THE TRUST'S.PURPOSE, POWERS, AND DUTIES, { AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI- TY.AND ATTENDANCE REQUIREMENTS, OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH- I MENT, AND "SUNSET" REVIEW OF THE TRUST EVERY FOUR YEARS; MORE PARTICULARLY BY -AMENDING SEC- TION 2-892 AND, BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-242 TO CHAPTER 38 OF THE CODE; CONTAINING A REPEALER- PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE 0 • ORDINANCE NO. 12004 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM- SSION AMENDING CHAPTERS 2 AND 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO RE DUCE THE NUMBER,OF MEMBERS REQUIRED FOR A QUO-: RUM TO CONVENE'A MEETING'OF THE ORANGE BOWL AD VISORY BOARD; AND MORE PARTICULARLY BY -AMEND- ING SECTIONS 2-887 AND 53.126 TO SAID CODE; AND CON-: TAINING A REPEALER PROVISION -AND A SEVERABILITY- CLAUSE. . ORDINANCE NO. 12006 AN ORDINANCE OF THE MIAMI•CITY COMMISSION AMEND- ING CHAPTER- 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES - MISCELLANEOUS TO ADD' A NEW SECTION TO MAKE IT UNLAWFUL FOR A PERSON TO AGGRESSIVELY PANHAW DLE; MORE PARTICULARLY BY ADDING NEW SECTION 37-. 6 TO SAIDCODE; CONTAINING A REPEALEWPROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN -EFFECTIVE DATE. ORDINANCE NO. 12007 AN ORDINANCE OF,THE MIAMI CITY COMMISSION AMEND- ING THE FUTURE 'LAND- USE MAP OF THE COMPREHEW . ' SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXI-. MATELY 5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, j FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECT- ING TRANSMITTALS TO AFFECTED AGENCIES; CONTAIN- ING A REPEALER PROVISION AND- A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI SION AMEND- . ING PAGE NO. 13 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY, OF MIAMI. FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING _ THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY-. RESIDENTIAL' TO 'C-1-, RESTRICTED .COMMERCIAL FOR THE PROPERTY LOCATED AT APPROX- IMATELY 5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION," A SEVERABILITY CLAUSE;`AND. PROVIDING FOR AN EFFECTIVE DATE. -_ ` •. ORDINANCE NO. 12009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND= ING ORDINANCE N0:'.11000, AS.AMENDED,.THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND- ING -ARTICLE 4, .SECTION 401,' SCHEDULE OF DISTRICT REGULATIONS, ARTICLE 9, SECTION `934, COMMUNITY BASED RESIDENTIAL FACILITIES, AND ARTICLE 25, SEC- TION 2502, SPECIFIC DEFINITIONS; TO MODIFY PRO.VI-, SIONS RELATED TO COMMUNITY BASED RESIDENTIAL FA- CILITIES; CONTAINING'A REPEALER PROVISION AND SEV- ERABILITY CLAUSE; AND PROVIDING.FOR AN EFFECTIVE DATE'., ORDINANCE NO. 12010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- . ING ORDINANCE NO. 110,00, AS AMENDED;.THE ZONING* ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND- ING ARTICLE 9,'SECTION 916, INTERIM PARKING, TO'MODI- FY PROVISIONS RELATED TO ;INTERIM PARKING; CON-, I TAINING A REPEALER -PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR,AN EFFECTIVE DATE. , 1AD9 ORDINANCE OF THE MIAMI CITY.COMMISSION AMEND- ING=ORDINC E NO: 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND- ING ARTICLE 9, SECTION "910; UNITY OF TITLE, TO ALLOW ACCEPTANCE OF A COVENANT IN LIEU OF A UNITY OF TI- TLE FOR PROPERTIES ZONED R14 MULTI -FAMILY HIGH DENSITY RESIDENTIAL; CONTAINING A REPEALER PROVI- SION AND' SEVERABILITY CLAUSE; AND PROVIDING FOR- AN EFFECTIVE DATE. ORDINANCE NO. `12012 I AN ORDINANCE OF THE, MIAMI CITY COMMISSION AMEND- ING CHAPTER 62/ARTICL'E V OF THE'CODE OF THE CITY - OF MIAMI, FLORIDA,'- AS'AMENDED, ENTITLED "ZONING I AND PLANNIWAPPOINTMENT OF MEMBERS AND ALTER- NATE MEMBERS OF THE PLANNING -ADVISORY BOARD I AND ZONING BOARD''; TO'AMEND PROVISIONS RELATED TO.;COURTESY'NbTICE FOR CONDOMINIUM ASSOCIA- ­ TIONS;'MORE PARTICULARLY.BY AMENDING SECTION 62- J 129(4) OF SAID CODE; CONTAINING A REPEALER PROVI- i `-SIGN AN04SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said.ordinance's maybe inspected.by the"public at the Office of 1 the City Clerk, 3500 Pan American Drive,'Miami, Florida, Monday i through Friday, excluding holidays, between the hours of 8 a.m. -and 5 p.m. 1 A11 interested persons may appear at the meeting and may be heard with' -respect to the proposed ordinances. Should any person desire to ap- j peal any decision of the City' Commission with respect to any matter to be considered at this meeting, - that person shall ensure that a verbatim record of the.proceeding6 is 'made including all "testimony and evidence upon which any appeal may be based. �Z i DF;S, I. WALTER J. FOEI&N e — o CITY CLERK'- C(#9376) j j 12/29 004 41120670M_I