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Home My WebLink AboutO-11875J-99-933 11/15/99 118 75 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 24 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS,AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM 0 OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1515, 1545, 1605, 1615 AND 1625 NORTHWEST 7T11 STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of October 18, 1999, Item No. 9, following an advertised hearing, adopted Resolution No. ZB-1999-0225, by a six to zero (6-0) vote, recommending 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: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended,. the Zoning Ordinance of the City of Miami, Page 24, Article 4, Section 401, Schedule of Florida, District 11875 Regulations, is hereby amended by changing the zoning classification from O Office to C-1 Restricted Commercial for the properties located at. approximately 1515, 1545, 1605, 1615 and 1625 Northwest 7th Street, Miami, Florida, more particularly described as Lots 20 through 27, less the South ten feet thereof, Block 4, GROVE PARK, according to the plat thereof, recorded in Plat Book 5, Page 66, of the Public Records of Miami -Dade County, Florida. 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 1875 (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. 24 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 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective simultaneously with its companion Comprehensive Plan amendment i_ (Ordinance No. 11874), which takes effect thirty-one , (3 1) days Page 3 of 4 118 7 5 after final reading and adoption thereof pursuant to Section 163.3187(3)(c), Fla. Stat. (Supp. 1998)." PASSED ON FIRST READING BY TITLE ONLY this 16th day of November_ , 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of December , 1999. JOE CAROLLO, MAYOR In accordance with Miami Cove Sec. 2-36, since the Mayor did not indicate approv l of this legislation by signing it in the designated puce provided, said Lagi.slattlon becomes effective with the elapse of ten (10) day •om to of Commi n regarding same, without the Mayor e*ci,5ia o., ATTEST: WALTER J. FOEMAN CITY CLERK 01 APPROVE S E V RO"�TILARE'�LO TORNEY 89:YMT:eij:RCL:BSS CORRECTNESS:/ J. FAft,'City Clerk 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 E� PZ-9 01 05_'_11� I n— -I �_' SECOND READING -� ZONING FACT SHEET fMtORP GRATED 16 96 1 Case Number: 1999-0254 18-Oct-99 Item No: 9 Location: Approx. 1515, 1545, 1605, 1615 and 1625 NW 7th Street Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Ashton Ventures Two, L.L.C. Bob De La Fuente, Esq. 1745 W. Fletcher Avenue 201 S. Biscayne Blvd. Tampa, Florida 33612 Miami, FL 33131 App. Ph: (813) 968-6511 Rep. Ph: (305) 534-5883 ext Rep. Fa (_) = ext Zoning: O Office Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from O Office to C-1 Restricted Commercial. Purpose: This will allow a unified commercial development. Recommendations: Planning Department: _ Approval Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: 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 Planning Advisory Board recommended approval to the City Commission for the Change in Land Use on 9/22199, by a vote of 9-0. Analysis: Please see attached. Zoning Board Resolution No: ZB 1999-0225 Zoning Board: Recommended approval to City Commission. Vote: 6-0 City Commission: Passed First Reading on November 16, 1999. 11875 ANALYSIS FOR ZONING CHANGE Approximately 1515, 1545, 1605, 1615 and 1625- NW 7t' Street. CASE NO: 1909-0254 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 has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: Lots 20, 21, 22, 23, 24, 25, 26 and 27 less the South 10 feet thereof on Block 4 GROVE PARK SUBDIVISION, (5 - 66), from O "Office" to C-1 "Restricted Com- mercial". The following findings have been made: • It is found that the subject properties and the property immediately adjacent to the west are under the same ownership and it is also found that the adjacent property is designated C-1. • It is found that the change to C-1 is a logical extension of that category. • It is found that the requested change to C-1 will increase the possibility of the subject properties being enhanced in a manner which will directly benefit the adjacent area. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. 11875.. ANALYSIS FOR ZONING CHANGE CASE NO., 1999-0254 Yes No N/A in -harmony with Comp. Plan; does not'require amendment. - _ - In harmony with established land use. Is related to adjacent and nearby districts. y _ Is within scale with needs of neighborhood or City. Maintains similar population density, pattern. Existing district boundaries are illogically drawn. Changes or changing conditions that make change necessary. ,Positively influences living conditions in neighborhood. Has, similar impact on traffic; does not affect public safety, Has similar impact on drainage. Has similar impact on light and air to adjacent areas. .� Has similar. impact on property values in adjacent areas. Contributes to improvement or development of adjacent property.. -_ Conveys same treatment as to owners within same classification. Property is unfairly limited under existing zoning. ._- Difficult to find, other adequate sites in surrounding area. _. 4 r Miami Zoning Board Resolution: ZB 1999-0225 Monday, October 18,1999 - Mr. Charles J. Flowers offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE 11000,,,PAGE 24, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM O OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1515, 1545, 1605, 1615 AND 1625 NW 7TH STREET LEGALLY DESCRIBED AS LOTS 20 THROUGH 27, LESS THE SOUTH TEN FEET THEREOF, BLOCK 4, GROVE PARK.(5-66), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED O OFFICE. Upon being seconded by Mr. Juvenal Pina, the motion was passed and adopted by the following vote: Mr. Osvaldo Moran-Ribeaux Mr. Ricardo D. Ruiz Mr. Juvenal Pina Mr. Humberto J. Pellon Ms. Ileana Hernandez -Acosta Mr. Charles J. Flowers Ms. Gloria M. Basila Mr. George Barket Mr. Fidel A. Perez Ms. Fernandez: Motion carries 6-0 Yes Away Yes Yes Away Yes Yes Yes Away AYE: 6 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 3 Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1999-0254 Item Nbr: -9 11875 C] E SECTION 2210. NATURE AND REQUIREMENTS 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 per; (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, eta; (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; 0) The proposed change has the same or similar impact on drainage as the existing classification; (k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification; (m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; (n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare; (o) There are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. (MOTION) After considering the factors set forth in Section 2210 of Ordinance 11000 I move that the request be recommended to the City Commission for APPROV ) (DEAL). Signature Agenda Item 1c>—!9,"129 Daze 1187 R R- 00 WT R- i N.W. "Mass i RAC7 6 J l 7 _A��. 2 s if i RAC7 6 J l 7 _A��. 2 s if iHoop, r xF zp Jj am Ark e { , t - .. -wn•� ..+.."�.w.►-�rw�—r'"'rT' ..S � *i�'7CaT- '� w : 'v •r y -M �� _ �. °k icy ;y � ,�, ,• � .,:;� _. S �y } 4ti .r •" .f yam. �i' s .r, N. .:. . •ci ip1.D^ ty; F aCw s �. s . c Y .�• i ■ i 3Ax._ - '.{� M ,'�+•x f1i'��{..,ydY & Lf },T _1ae C'Rli�.�� _ .�1 4 r I.lr'.'.. �! t �~ � *-�, .. .: '•. • "X�"�.�r '$rU'-;'_ r�� r 'a... 'y_-:�I �►.:..� ;f r , CITY OF MANE OFFICE OF HEARING BOARDS APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT ************************************************************************************************* SECTION 2-653 OF THE CODE OF THE CITY OF NIIAMI, FLORIDA, AS AMENDED, GENERALLY 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 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (M[IAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. ************************************************************************************************* NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. I, ALAN BUMBERG, 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): X 1. Address of property: 1625 (Lot 20). 1615 (Lot 21)1605 (Lot 22)1545 (Lot 23)and 1515 (Lots 24 27)NW 7' Street Miami Florida X 2. Folio number: 01-3135-016-0440: 01-3135-016-0450. 01-3135-016-0460. 01-3135-016 0470. 01 3135-016-0480 X 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. - X 4. Affidavit disclosing ownership of property covered by application and disclosure of interest (see attached form). X 5. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by this application. X 6. At least two (2) photographs that show the entire property (land and improvements). X ' 7. Present zoning designation(s): O X 8. Future zoning designation(s): C-1 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). x 10. Statement explaining why present zoning designation is inappropriate: The existing_ zoning designation of "O" is inappropriate because the described property directly abuts "C-1 " zoned property, which allows restricted commercial uses. The applicant will purchase the subject property. as well as the property located directly West of the property, which is zoned "C-l" and abuts the subject property. X I L' Statement.as to why proposed zoning designation is appropriate. "C-1" zoning is appropriate for the subject property because the adjoining_ property -directly west of the subject property. which will also be purchased b the he applicant, is zoned "C-1 ". A continuation of "C-1" zoning for the L ject property is consistent with the character of the area, and will allow the applicant's properties to be similarly zoned. 1L_ 12. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 13.. Other (specify): X 14. 1~iling fee of $ 12,124.80 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, .................... $ 1'5 Minimum .. _ ... ........ .. ............................. $ 635.00 R-3, R-4, 0, G/1, 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 .................... ......... ....:........ .. $1,000.00 Public hearing mail notice fees, including cost of handling and mailing per notice ... . , .............................. "$ 3.50 Signature Name ALAN BUMBERG Address 1745 W. Fletcher Ave. Tampa; FL 33612 Telephone (813) 968-6511 - Date 11875 • is STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this who is 21personally known to me or who has produced o produced _ and who did (did not) take an oath. day of JULY, 1999, by ALAN BUMBERG as identification + Myrna W. Garner Name: : i MY COMMISSION#CC779363 EXPIRES September 29, 2002 Notary Public -State of Florida BONDED TNP,U TP0Y FAIN INMANCE, INC Commission No.; My Commission Expires:. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 19 , by who is ❑ personally known to me or who has produced ❑ 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 day of , 19 , by who is ❑ personally known to me or who has produced ❑ produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: H:1BDF\DATA\FOG DEVELOPMENT\APPLICATIONs\REZONING. WPD 11875 ® - A F F I D A V. IT STATEOF FLORIDA } } SS COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, this day personally appeared ALAN BUMBERG, who being by me -first duly sworn, upon oath, deposes and says: 1. That HE is the owner, or the legal representative of the owner, submitting the accompanying application for 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 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 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. �J App icanfs Signature STATE OF FLORIDA, COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this �'' �- day of JULY, 1999, by ALAN BUMBERG of Ashton Ventures Two, LLC a corporation, on behalf of the corporation. He/She is 1'personally known to me or ❑ has produced as.identification and who did (did not) take an oath. Myrna W. Garner :,�MM{SSION # CC779363 EXPIRES' September 29, 2002 GNMTHRU-TROY FAIN INSURANCE, INC. H:\BDF\DATA\FOG DEVEMPI fI \APPLICATIONS\A.FFIDAVIT.WPD Name: Notary Public -State of Florida Commission No.: My Commission Expires: OWNER'S LIST Owner's Name: - Ashton Ventures Two L.L.C. Mailing Address: 1745 West Fletcher Avenue Tampa Florida 33162 Telephone Number: c/o Bob de la Fuente. Esq. (305) 539-2 114 Legal Description: Lots 20, 21, 22, 23. 24, 25, 26, and 27, less the south 10.00 feet thereof. Block 4 of "GROVE PARK." according to the plat thereof as recorded in Plat Book 5, Page 66 of the Public Records of Dade County, Florida. Owner's Name: Mailing Address: Telephone Number: Legal Description: - -- 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: Ashton Ventures Two, L.L.C. owns the following: Street Address NW 17' Ave. & NW 71 Street, Miami, Florida Legal Description That portion of Lots 16, 17, 18, and 19 Block 4 of GROVE PARK, according to the plat thereof recorded in Plat Book 5 Pape 66, of the public records of Miami -Dade County Florida Iving East of the Easterlv right-of-wav line of NW 17' Avenue as shown on that certain State of Florida, State Road Department Right -of -Way Mao recorded in Plat Book 83 Papc 5, of the public records of Miami -Dade County Florida, LESS the South 10 feet thereof, all Iving and being in Miami -Dade County, Florida. 11875 - Ei DISCLOSURE OF OWNERSHIP 1. Lezal description and street address of subject real property: Lots 20. 21, 22, 23 24, 25, 26 and 27, less the south 1o.00 feet thereof. Block 4, of "GROVE. PARK7' according to the plat thereof as recorded in Plat Boos: 5, Page 66, of the Public Records of Dade County, Florida. NW 17`I' Ave: & NV'W f h Street, Miami, Florida 2. Owner(s) of p subject real pro erty and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure ofall ppartieshaving a financial interest, either direct or indirect, in the subject matter Of a presentation, request or pefition to the 0ty C-`ommission. Accordingly, question #2 re wires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, �ogether with their addresses and proportionate interest, Ashton Ventures Two, I-L.C. See Attached for ownership of Ashton Ventures Tiro. L.L.C. 1745.West Fletcher Avenue ampa Florida. 33612 100076 Ownership :3. Le ga1 des tine .arid street address of env real property (a) owned by any party listed in answer to question #2; and (h) located within 375-feet of the subject real property. ASHTON VENTURES TOVO, L.L.C. - That portion of Lois 16, 17. 18 and 19, Block 4of GROVE PARK, according toslat thereof recorded in Plat Rn(A 5, page 66,• of the public records of Dade Count�yy, Florida lyin ast of the Eas erly ri it-of-wav line of NW 1 Avenue. as shown on that certain State of Flon-da, State koaNea artment, R.i ht-of-Cy Map recorded in Plat Book 83, page 5, of thepublic records of Bade C'nnnty, Florida, i,FFS�S the South o feet thereof, ail lying and being in Dade County, Florida. STATE OF FLO COL7N'TY OF - ,,�,, The foregoingilistrument i Z riauy xnown tome or has pr�oa 7RES TWO, L.L.C. WB 00 Name: ;�_5 acknowledged before me this day of �- , 'Ig 49 , by Ul tpari, on behalf of the. &She isdid. as identification and who did (take an Name: Notary. Public -State of Florida Commission No.: My Commission Expires: 2I:\11DI1PATA\Fob Devalopme�c\Appllcntion7\T.sck+awa Nr,�.vpri ' irk'"s Myrna W. Gamer - j MV COMMISSION # CC77936 EXPIQES °'� September 29; 20o2 •Rr� BOND:D THOU T" pA1N jNSUM j;M INC .. i 1.1875 SE?-17-;3a II!3J IRON-TEW CARDENAS REW - T-333 J21J2 --JI: EXHIBIT SLDB Partners Limited General Partner HFP Holdings. Inc. Mark O. Hackner 1001% Limited partner HFP Holdings, Inc. Mark 0. Hackner 10011/0 Reese Holdings, Inc. David F-lackner 5010!0 Stacy Hackner 5010% JASL Partners Limited General Partner RFP Holdings, Inc. Mitchell F. Rice 1000/0 Limited Partner RFP Holdings, Inc. _ Mitchell F. Rice 100% Michael R. Rice, as Custodian for Jacob'Andrew Rice Michael P. Rice, as Custodian for Samuel Leonard Rice Parktown Holdings Ing, Mark Hackner (President:) 5-har_es 49% 49% 100% 11875 lic. — 1'1'iy 1CI. J 1JI'jbt_�` d b - CERTIFIED COPY OF RESOLUTION OF THE BOARD OF MANAGERS OF ASHTON VENTURES TWO, L.L.C. The undersigned, being a managing member of ASHTON VENTURES TWO, L.L.C., a Florida limited. liability company (the "Company"), hereby certifies that the following .is a true, correct and complete copy of resolutions adopted by the Board of Managers of the Company ata meeting at which a quorum was present, and that the following resolutions are in conformity with the Operating Agreement of the Company --and have not been rescinded or modified: "RESOLVED, that Alan Bumberg be and is hereby authorized, empowered and directed in the name and on behalf of the Corporation to execute and deliver all documents and instruments necessary with respect to the rezoning of the real property located at the comer of 7" Avenue and 17t' Street in Miami -Dade County, Florida; and FURTHER RESOLVED, that either of the managing members of the Company be and is hereby authorized and directed to furnish a copy of the foregoing resolution as required and to certify the same, and to certify that the provisions of said resolution are in conformity with the Operating Agreement of the Company and that said resolution is in full force and effect and has not been rescinded or modified. IN WITNESS WHEREOF, I have hereunto subscribed my name as a managing member of.the Company, pursuant to due and lawful authority this 27th day of August, 1999. Michael P. Rice as a managing member 1,1875 08/25/1999 15:21 813968 882 ® PAGE 02 09/24/99 7UE 10:08 FAX 2 V 7 RUD ICB&woLFE Q3007 SPIMML WARRANTY DEED This instrument prepared by or under the supervision of (Space reserved for Cled, of N=C: Janis K C hcczcm, Esq. Court) Address: Cnmsta, Yoal*, Valdes-Faa & Stewart, P.A, Suite 3400 - One Biscayne Tower 2 Soutb Biscayne Boulevard MkML Florida 33131-1897 This Special Warranty Deed is made by 1993 N3 ]Honda Associates L.P., a Delaware Bruited partnership ("Grantor"), whose address is c/o AMRBSCO Management Inc., 700 North Pearl Street, Suite 2400, LB-342, Dallas, Texas 75201-7424 to ASHTONT VENTURES TWO, LLC, a Horida limited liability companY ("Grantee"), whoso address is 1745 West Fletcher Avenue, Tampa, Florida 33612 and whose tax idemi6icstion number is 59-3207424. VVfMSSETH Grantor, for and in consideration of the bum of Ten And No/100 Dollars (S 10.00) and other good and valuable consideration p aid to Grantor by Grantee, the receipt ,and sufficiency ofwhich are hereby acknnwkdged, grants, bargains, sells and conveys to Grantee, and Grantors successors and assigns forayer, the land, situate, bang and being in Dade County, Florida, legally descnbed in Exhibit "A! haoto, Together With all easements, tenements, heredhaments and appurtenances belonging to the land; and Together With all buildings and outer *Tavementsnow or hereafter located on the laud, and Together With all of Grantor's right, title and interest, if any, in and to the streets, averw.es, roads, ways, alleys, waterways and cattaK open and proposed, in front of or adjoining the land; To Have And To Hold the same in fee simple forever. This come yanse is made subject to: (A) Taxes for the year 1999 and subsequent yews; (b) Applicable zoning ordinances and regulations; (c) Conditions, restrictions, limitations, street dedications and easements of record, which are not reimposed by this instrument; (d) Matters which would be shown on on accurate survey; and 11875 08/25/.11399 15: 21 81396 882 081i4199 TUIR 16A8 FAX 2 17 PAGE 010 RUDNICKPOLFE (e) Rights apartko in Possession, if any. C,amtor Wv=a= that at the 6= of delivery of this deed, cxccpt as descrMed above, the praparty is, fine of any encumbrmwe made by Grantor, axed Grantor spe6allywa=;mts the title to the prqmty, and wiH defend it 28ahathe hUfill claims and demands ofall persons daimkgby, through or under Grantor, but against none other. Any warranty of title m this Special Warrany Deed will expire upon the tenminafium of the RTC Mortgage Trust 1993.N3, a Delaware business trust. (thc-Trust")(which is the sole shareholder of the generalpartner of Seller), as to any claimthereon whkh has not been made in writing and received by Seller prior to" 1=0ioltim dZIC ("War =Y Expiration Date"). The Seller sh&hXvC no obligation with respect to any claim for breach of warranty which is mvived by SeLer after the WarrawyExpiradonDate. Tathat regard, Buyer specifimMy adlmovAadges and understands that the Taut has no definite or certain termination date and that the Trust may ter:nivate or be terminated at any -d=., Grantor has caused this h=rument to be duly executed as of August 18_,.1999. Signed, sealed and delivered 1993-N3 FLORIDA ASSOCIATES -- a Delaware limited partnership B'V:1993-N3 'FLORIDA GIP CORP., its General Partner • Print Name: Priat N=3,e- rZAdaz_:_5 By. Al Pa 'C Name: 44a rY tr Title Secr reasurer [CORPORATE SEAL] 1187.5 08/25/1999 - 08/24/99 15:21 TVE 10:08 813968 882 FAX 22 7 RirDNICB&i40LFE . PAGE 04 Cy�008 COUNTY OF DALLAS ) 5S _ STATE OF TEXAS ) On this the I Off- day of August, 1999, before me , the undersigned officcrnay appeared i t S. who acknowledged i�imself to be thA5L•� A9";N3 FLORIDA P CORP-, a Delaware corporatioq as Gmeral Partner of 1993- 3 FLORIDA A ySOCUTES LP',, a Delaware limited partnership, and that he as such [ -rk2 .toeing. authorized so to do, examted the foregoing instrument for the purposes therein C%ntWned. in vhwess whereo£I hereto set my hand and official seal. Name:t,avt}.ti, , T e: My caanission expires: [SEAL) Faye Sharon Toplitsky R Nab" FuDUc STATE OF TEXAS July Gomm Exo 04/05'2003 d -3- 11875 e8/25/1999 15:21 813968')882 PAGE 05 9&./24/00 ME 16:08 FAIL 217 RUDNICH&WOLFS ® im 010 - E3=ff "A" „- LEGAL DESCIAZON QF LAND Folio Numbgr01-3135a016.0440 Lots 20, 21, 22, 23, 24, 231 26 sud 27 less the South 10 l M *Cjeot Block 4 of GROVE PARE, ac=dkg to the Plat *avog rovordod is Plat Boots S, at Page 66 of the Pnbyw Records of Dade Couaty,'Fbada. - E MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11875 in the ...........XXXXX ................ Court, win pGlished 'n said��w�spaper in the issues of Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one ext preceding the first publication of the attached co of a ertlsement; and afflant further says that she has ne her p nor promised any person, firm or corporation an disco nt, rebate, commission or refund for the purpose of ecur g this adve isement for publication in the said new er. e i 3 D�tQo anld 'sYc-rib re me this �tCy� D. 19....... �IYiv.�:c: lnff:: s, (SEAL) �CFPCLNqy pF,IAO p Sookle Williams Itk to JKNETT LLER-ENA ? r Q CC566004 OC'�� MY 00WhISS910NEXIM MS OF FL Af IAlr, CITY OF MIAMI, FLORIDA; NOTICE OF PROPOSED ORDINANCES All interested persons will take. notice that on the 14th,of December, 1999, the City Commission of Miami, Florida adopted the following titled' ordinances: ORDINANCE NO. 11865- AN EMERGENCY ORDINANCE OF THE MIAMI' CITY. COM- MISSION AMENDING- CHAPTER 2, ARTICLE II, OF. THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN- TITLED "ADMINISTRATION/CITY COMMISSION/TIME AND PLACE OF MEETING,' TO CHANGE THE DAY AND TIME CITY COMMISSION .MEETINGS SHALL BE HELD FROM TUESDAYS AT 10:00 A.M. TO THURSDAYS AT 9:30 A.M.; MORE PARTICULARLY BY AMENDING SECTIONS 2-32.AND 2-33.OF SAID, CODE; FURTHER_ DIRECTING, THAT THE PRESENTATION OF "PROTOCOL ITEMS" BE SCHEDULED AT 9:20 A.M:, OR TEN MINUTES PRIOR TO THE: COM- MENCEMENT OF REGULAR CITY COMMISSION MEETINGS; CONTAINING A REPEALER PROVISION AND•A SEVERABILI- TY CLAUSE; AND PROVIDING FOR.AN EFFECTIVE DATE., ORDINANCE NO. 11866 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM- MISSION•ESTABLISHING A SPECIAL REVENUE FUND ENTI- TLED: 'OFFICE OF,THE CITY CLERK/PASSPORT ACCEP- TANCE FACILITY (FY 2000)',AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $113,260; AUTHORIZING THE CITY MANAGER TO' (1) AC- CEPT REVENUE.DERIVED AS A RESULT OF THE CITY'S SERVICES AS A U.S. PASSPORT ACCEPTANCE FACILITY, (2) DIRECT THAT SAID REVENUES GENERATED BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUD- GET OF THE OFFICE OF THE CITY CLERK, AND (3) EXE- CUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPT- ABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CON- TAINING A REPEALER PROVISION AND A'SEVERABILITY CLAUSE. ORDINANCE NO. 11867• AN -EMERGENCY ORDINANCE OF THE MIAMI-CITY COM- MISSION AMENDING SECTIONS 1, 2, 3, 4, AND-5 OF ORDI- NANCE NO..1 1705, AS AMENDED, THE ANNUAL APPROPRI- ATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEM- BER 30, 1999, FOR THE PURPOSE OF ADJUSTING SAID AP- PROPRIATIONS RELATING TO OPERATIONALAND BUDGE- TARY -REQUIREMENTS OF CERTAIN CITY-DEPARTMENTSAS ARE MORE PARTICULARLY,DESCRIBED HEREIN; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE i . ORDINANCE NO. 118f8 AN EMERGENCY ORDINANCE'.O_F`-THE" MIAMI CITY COM- MISSION AMENDING SECTIONS VIA OF.ORDINANCE NO. 11705, ADOPTED SEPTEMBER 28, 1998, AS AMENDED; RE- VISING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECTS IN THE GENERAL GOVERNMENT, SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND 'RECREATION, AND TRANSPORTATION AREAS; CONTAINING A REPEAL- ER'PROVISION:AND A SEVERABILITY CLAUSE.: ORDINANCE NO.'11869. AN ORDINANCE OF THE. MIAMI. CITY COMMISSION. ESTAB- . IN LISHG INITIAL RESOURCES AND, APPROPRIATIONS FOR i A SPECIAL REVENUE FUND ENTITLED 'STOP ACTIVE VAN- I DALISM EVERYWHERE' ('SAVE') GRANT, AUTHORIZING , ' THE. CITY MANAGER TO ACCEPT SAID'GRANT, IN THE AMOUNT OF $179,640, FROM,, MIAMI-DADE,000NTY,AND TO EXECUTE ALL NECESSARY, DOCIJMENT(S), IN•A'FORM" ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING 25 REQUIRED MATCHING FUNDS OF $59,8ao; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT,LAW ENFORCEMENT TRUST. FUND, PROJECT. NUMBERS j .690001, 690002. AND 690003, FOR A TOTAL OF $239,520; CONTAINING A REPEALER PROVISION AND SEVERABILITY' CLAUSE: .... .. ORDINANCE N0. 1,1870 AN ORDINANCE OF THE MIAMI, CITY COMMISSION•AMEND- ING ORDINANCENO. 11769; TO ,INCREASE; APPROPRIA- . _. a TIONS TO THE SPECIAL REVENUE • FUND ENTITLED f 'SCHOOL. BASED . .PARTNERSHIPS GRANT,'. IN, THE,; - AMOUNT OF $17,500, CONSISTING OF A SLIPPLEMENTALs,_ 'GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OF-.,. , FICE OF ,COMMUNITY ORIENTED POLICING .SERVICES; { FURTHER `AUTHORIZING THE CITY MANAGER TO EXE-.'; CUTE THE. NECESSARY DOCUMENT(S),, IN',A FORM AC-.. J CEPTABLE TO, THE CITY ATTORNEY; CONTAINING A RE!- PEALER PROVISION AND SEVERABILITY.-CLAUSE' AND: 1 PROVIDING FOR AN EFFECTIVE DATE: ORDINANCE`NO. 1.1871 j AN ORDINANCE OF THE MIAMLCITY COMMISSION AMEND -„..a ING-SECTION 35-91, 35-92 AND 35-93.OF THE CODE OF THE' ;j CITY OF MIAMI; FLORIDA,; AS AMENDED, . CHANGING.:I - RATES AT CERTAIN ON -STREET 'LOTS, CHANGING. THE RATES' AT. MUNICIPAL' PARKING.'GARAGES; PROVIDING " FOR SAID�RATE CHANGESJO BECOME EFFECTIVE FEB-.' I RUARY 1ST, 2000, RATIFYING AND*CONFIRMING ALL ACTS - OF THE OFF-STREET PARKING -BOARD TO DEVELOP SEX- i PERIMENTAL RATES. STRUCTURES AND TO. INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; CONTAINING A REPEALER PROVISION AND A-SEVERABILI- .� TY CLAUSE. ORDINANCE NO. 11872 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- 1 ING ORDINANCE NO. 10021, ADOPTED JULY�18, 1985, AS- .i AMENDED, WHICH ESTABLISHED_ INITIAL RESOURCES "AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCE- MENT TRUST FUND, RECEIVED AND DEPOSITED PURSU- ANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $3,000,000, AS A RESULT OF ADDITIONAL MONIES DE- POSITED IN SAID FUND.FROM SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A' REPEALER -PROVISION -AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC- TIVE, DATE: j ORDINANCE NO: 11873 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- • ING CHAPTER 29/ARTICLE IV/SECTION 29-122 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN- iTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/ WATERFRONT ADVISORY BOARD/SCOPE," TO REQUIRE THAT THE WATERFRONT ADVISORY BOARD 'BE' IN-' i FORMED OF ANY DEVELOPMENT AND/OR DISPOSITION J OF WATERFRONT PROPERTY`AT THE"CONCEPTUAL PLANNING STAGE FOR ' SUCH -DEVELOPMENT AND /OR; DISPOSITION; .CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE -'PROVIDING FOR AN EFFECTIVE , DATE. • ORDINANCE NO. 11874. AN:ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING THE FUTURE LAND USE MAP OF THE COMPREHEN- SIVE NEIGHBORHOOD PLAN BY CHANGINGTHE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT -AP- PROXIMATELY 1515, 1545, 1605, 1615 AND 1625 NORTH j WEST 7TH STREET, MIAMI, FLORIDA, FROM OFFICE TO RE- STRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING. J TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A'" REPEALER PROVISION AND A SEVERABILITY CLAUSE; I AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. t18�; 5L_ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ! ING PAGE NO. 24 OF`THE ZONING ATLAS OF ORDINANCE I 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 O OFFICE TO C-1 RE STRICTED COMMERCIAL FOR THE PROPERTIES LOCATED �• AT APPROXIMATELY 1515, 1545, 1605; 1615 AND 1625` NORTHWEST 7TH STREET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVID __ING.F_OR_AN EFFECTIVE DATE.. ORDINANCE NO. 11876 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING PAGE NO. 45 OF THE ZONING ATLAS OF.ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE•OF- ` THE CITY..OF.MIAMI,.FLORIDA,.,ARTICLE 4, SECTI04:401,.• '`• SCHEDULE OF DISTRICT REGULATIONS, BY ADDING THE HISTORIC PRESERVATION OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI,. FLORIDA; CONTAINING A RE- PEALER PROVISION AND A-SEVERABILITY CLAUSE;, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11877 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND= ING! PAGE NO. 42 OF THE`ZONING ATLAS OF ORDINANCE NO. 1.1000, AS AMENDED; THE ZONING ORDINANCE OF. ... THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, - i SCHEDULE OF DISTRICT REGULATIONS, BY ADDING SD42 _: I ..BUFFER OVERLAY DISTRICT FOR THE PROPERTIES 10— ' CATED AV APPROXIMATELY 3633, 3653, 3661 AND 3665' i SOUTHWEST 22ND TERRACE; MIAMI, FLORIDA; CONTAIN 'ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE., Said proposed ordinances may be inspected by the public at the Offico.� of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday i .through Friday, excluding holidays, between: the hours of:8 a.m. ands P.M. ! All 'interested persons may appear at the meeting and' may beheard with respect io the proposed ordinances. Should any person desire to ap- .i peal any decision of the City Commission with respect to anymatter to'be I considered at this meeting, that person .shall ensure .that a verbatim i record of the proceedings is -made including all testimony and evidence i iupon which any appeal may be fused.. Y OF'17 '-WALTER J. FOEMAN s= I] CITY CLERK (#8221) �f CO.Fto 12/30'• ~+ . :99-4-1230144/9037M