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HomeMy WebLinkAboutR-99-0969J-99-1024(a) 12/13/99 11 9^ 269 RESOLUTION NO.kj A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION 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 DRIVE-THRU FACILITY FOR A FINANCIAL INSTITUTION AND TO REDUCE THE NUMBER OF RESERVOIR SPACES AS FOLLOWS: FIRST WINDOW --FOUR SPACES PROPOSED (TEN SPACES REQUIRED), SECOND WINDOW --FIVE SPACES PROPOSED (EIGHT SPACES REQUIRED), THIRD AND FOURTH WINDOWS --REQUIRED RESERVOIR SPACES PROVIDED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5800 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of November 1, 1999, Item No. 1, adopted Resolution No. ZB 1999-0228 by a vote of six to zero (6-0), granting a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, 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 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 best interest of I 11 Y 2111 `'L`1 ZZ CITY COItUdIISSION filEE T ITt C OF DEC ! 4 1999 h,usolution No. ^� a � a 6 the general welfare of the City of Miami and its inhabitants to affirm the decision of the Zoning Board and grant the Special Exception as 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision 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, Schedule of District Regulations, to allow a drive- thru facility for a financial institution and to reduce the number of reservoir spaces as follows: first window --four spaces proposed (ten spaces required), second window --five spaces proposed (eight spaces required), third and fourth windows -- required reservoir spaces provided, for the property located at approximately 5800 Northwest 7ch Avenue, Miami, Florida, legally described as shown in Exhibit "A" attached hereto and made a part hereof, is hereby affirmed, and the Special Exception is hereby granted, pursuant to plans on file, subject to a time limitation of twelve (12) months in which a building permit must be obtained. Page 2 of 3 ,J J -- 0 6, 0 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this day of ATTEST: 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-3v since iha Mayor did not Indicate app--owl f this legislation by signing it in the d(ls!pnVday,� i;iovided, sold legislation, 1,7 becomes effective with the elapse of tsn (t;n the date of Cregarding same, without the Mayor e)Eercisi /1 WALTER J. FOEMAN CITY CLERK _ AP ATTORNEY 76:YMT:eij :BSS CORRECTNESS t/ City Clerk v If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 ra �� 0 Exhibit "A" LEGAL DESCR/PT/ON.- Tract 1, OF ED/SON CENTER DADE FEDERAL , occording to the Plot Book 66, of Page 7, of the Public Records of lg t o—t he plat thereof AND e County, F/orido recorded in Tract 3OF ED/SON CEML"R DADE FEDER,4L F1RST ADDIT/ON, a$ Plat Book 67, at page 15, Public Records of Miom;_ of the D recorded in . ade County, �orida. 0 4�0 PZ-7 ZONING FACE' SWEET Case Number: 1999-0273 01-Nov-99 Item No: 1 Location: Approx. 5800 NW 7 Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Washington Mutual Bank, F.A. Adrienne F. Pardo, Esq. 250 Bird Road, Suite 212 1221 Brickell Avenue Coral Gables, FL 33146 Miami, FL 33131 App. Ph: (305) 579-0683 Rep. Ph: (305) 579-0683 ext (� = Zoning: C-1 Restricted Commercial Rep. Fa ext R-3 Multifamily Medium -Density Residential 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, Conditional Principal Uses, to allow a drive through facility for a financial institution and to reduce the number of reservoir spaces as follows: First Window: 4 Spaces Proposed - (10 Spaces Required), Second Window: 5 Spaces Proposed - (8 Spaces Required), Third and Fourth Window meet the required reservoir spaces. Purpose: This will allow drive-thru facilities for a financial institution :will reduce some required drive-thru stacking. 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 -Deter $0.00 Lien Recorded on: CEB Action: Comply G tder by: 99- 969 yF�Sp r�ilS',� ZONING FACT SHEET Case Number. 1999-0278 01-Nov-99 Item No: � kistory: Analysis: please -qPP a,.tisa Zoning Board Resolution No: ZB 1999-0228 ZoningCBoard: Recommended approval to City CommissiCiton. Vote: 6-0 Y ommission: N/A 99- 969 0 .--. EI) ANALYSIS FOR SPECIAL EXCEPTIONS 5800 NW 7" Avenue. Case No.1999-0273 Pursuant to Section 931.2 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to allow a dive through facility for a financial institution and, to allow a drive -through facility for a financial institution that do not meet the minimum reservoir spaces required as follows: Required Provided Reservoir spaces before first teller window - 10 4 Reservoir spaces before second teller window - 8 5 Reservoir spaces before third teller window - 6 6 Reservoir spaces before fourth teller window - 5 5 The following findings have been made: • It is found that the Planning and Zoning Department is in the process of studying the amount of required reservoir spaces before teller windows for banks with drive - through service and will soon be proposing an amendment to Ordinance 11000 in order to decrease the number of required spaces. • It ig found that use is compatible with the area and will be beneficial by providing a needed service to the. community, and it is also found that the use is in scale and character with the surrounding area. • It is found that the proposed layout provides adequate parking and circulation. • It is fond that the depicted landscape is adequate. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. Mr. Charles J. Flowers its adoption Resolution: Miami Zoning Board Resolution: ZB 1999-0228 Monday, November 01,1999 offered the following Resolution and moved AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTIONS REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE REGULATIONS, CONDITIONAL PRINCIPAL USES, TO ALLOW A DRIVE-THRUOFACIILITYI FOR A FINANCIAL INSTITUTION AND TO REDUCE THE NUMBER OF RESERVOIR SPACES AS FOLLOWS: FIRST WINDOW - FOUR SPACES PROPOSED (TEN SPACES REQUIRED), SECOND WINDOW - FIVE SPACES PROPOSED (EIGHT SPACES REQUIRED), THIRD AND FOURTH WINDOW MEET THE REQUIRED RESERVOIR SPACES FOR THE PROPERTY LOCATED AT APPROXIMATELY 5500 NW 7TH AVENUE, LEGALLY DESCRIBED AS TRACT 1, EDISON CENTER DADE FEDERAL (66-7) AND TRACT 3, EDISON CENTER DADE FEDERAL (67-15), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL AND R- 3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND SUBJECT TO CITY COMMISSION APPROVAL. Upon being seconded by- Ms. Gloria M. Basila, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Yes Mr. Charles J. Flowers Yes Ms. Ileana Hemandez-Acosta Yes Mr. Osvaldo Moran-Ribeaux Away Mr. Humberto J. Pellon Away Mr. Fidel A. Perez Yes Mr. Juvenal Pina Away Mr. Ricardo D. Ruiz Yes Mr. Georges Williams Away Yes AYE: 6 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 Ms. Fernandez: Motion carries 6-0 ABSENTS: 4 r Teresita �L.Femanndez, Chief Office of Hearing Boards Case No.: 1999-0273 Item Nbr: ZONING BOARD ACTION FOR SPECIAL EXCEPTION ,�.,�I,,,� -that the request on Agenda Item # % be (DENIED) "` G ) in that the requirements of Article 16 (WERE) (WERE NOT) satisfied by relevant evidence in the record of the public hearing. (a) as stated in the City's findings of fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board, in its decision to (GRANT) (DENY) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (HAVE) (HAVE NOT) been met. (CIRCLE APPROPRIATE CONDITIONS) 1305.1 Ingress and Egress. 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. 1305.2 Offstreet Parking and Loading. Due consideration shall be given to offsereet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and scorning and landscaping. 13053 Refuse and Service Areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refine is to be stored, and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and Lighting. Due consideration shall be given to the number, size, character, location, and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the =haracter of the area. 1305.5 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 character of the area 1305.6 Drainage. Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other -remedial measures. 1305.7 Preservation of Natural Features. 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 Generally. 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 effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maXimurn extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial iation of the value of nearby prop�y. tyre Agenda Item - li%,f99 _ Date 009- 969 { r' l•�immm®m m�m�mmm�mmm I'Mmuma Ulan �400 d 4mmodo mm msINS 21of ®�amaQ doa �►�m�m®m mmmmmm°� ®mom. YY � ...r re - '�-si..u..Zi Mt...sw.y •e.. 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CITY OF MIAMI OTCE OF HEARING BOARDS APPLICATI®N FOIL SPECIAL, EYCEPTTON •RIcRRRdIRRddRdMRRRRRRRRdRRRRRpRtdRRRRRRRdfRddRRRRRRRRRRRRRRRRRdRRRRRdRRRRRdRRRRRRRddRRRRRtMr�prRRR SECTION 2-653 OF TIM CODE OF THE CITY OF MIAW, FLORIDA,AS ANY PERSON WHO RECE1 VES COMPENSATION, REMUNERATION OR EXPENSES ND QUIRES LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY TING LOBBYING ACTNITJES BEFORE CITY STAFF, CLERK, PRIOR TO ENGAGING IN COPY OF SAIL1 ORDINANCE IS AVAILABLE IN BOARDS, CONMITTF.ES AND THE CITY CO LOCATED AT 3500 PAN '���"'(]�:' RrVE hU �L�O�CE OF THE CITY CORK �SSILON. A dRR+kRRRRRRiMdRd•*4rtRRtRd•*RtRR D d�Y�rlYu R �Ri-LO�A, 33133. 3133CITY ['TALL), ddR**RR��RRtRRRR! NOTE: TE"S APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK Within the City generally, or within certain Zoning districts, certain structures, uses, and/or occupancies. . or not they should be � wing special and intensive review to determine whether permitted in specific locations, and if so the safeguards which should be applied as reasonably news special Limitations, conditions, and Zoning Ordinance an in necessary Promote ffie general purposes of this � particular, to protect adjoining Properties and the neighborhood from avoidable potentially adverse effects, It is further intended that the Zoning Board be exercised in making such determinations in expertise and judgment of the see ( Article and limitations relating to Special Exceptions 16 accordance with the rules, considerations of the Zoning Ordinance). Formal public notice and hearing is mandatory solely responsible for determinations on applications for Specialal Exce Tine Zoning Board shall be Provided for in•ffie City Code, All applications shall be referred to Ons Director the n therwise Planning and Development for his recommendations and the Director shall make an Department dj required by these regulations. Y further referrals I, Adrienne F . ,Pardo, on behalf of Washington Mutual Bank', F.A. approval of a Special Exception for the hereby 0 N.W.to the City of Miami Zoning Board foi folionumber 01-p311 property located �8031N40Qth Avenue, Miami, Florida . Nature of Proposed Ilse (please be Specific): Special Exception for 1) drive -through facilities for financial institution an re uc 1on require In support of this application, .s ac is therive-tnroug e following material is submitted. g _ I. Two on ginal'surveys of the property preps by a State of Florida year from the date of application. Registered Land Surveyor within one X 2. Four copies -signed and sealed by a State of Florida Registered (as required) property boundaries, •existin Architect or Engineer -of site plans showing building elevations and dimensions and computations of lotareaan sed cture( Parking, landscaping, etc.; d building spacing, 09- D69 N X 3. 4. X 5. 7. Affidavits disclosing ownership of property covered by applications and disclosure to application): _ closure of interest from (attached Certified list of owners of Mal estate within a 375-foot radius of the by the application. outside boundaries of ro P Perry covered At least tvvo photographs that show the entire Property (land and improvem Recorded ��)• �'tY.dGed and tax forms for the most current year available that show the the property, . Present owners) of Other (Specify and attach cover letters explaining why �,y document u are aPPuca6oa). you attaching is Pertinent to this X 8. Fee of S 2,000 Zoning Ordinance: to aPPIY toward the cost of p,-ocessing accordin to Section ection 52••155 of the SpecialException.......................................................................................... Special Exception re u' • ••-S 800.00 � Ong automatic city commission itview...... .................S2,000.00 Extension of time far special exception ............................. Public S handlun earmg mail notice fees, including cost of ....... g and mailing Per notice ............................. Burch............................................S 500.00 age equal to aPPucable fee from item above, not to exceed•eight hundred dollars ($800.00) except from agencies of the ci to the appli�t of there is no appeal from a ro er such surcharge to be re ftcnded and seventy_five (375) feet of the sub' P owner within three hundred -- Ject property. Signature 3.50 Name Adrienne F. Pardo Address 1221 Brickell Avenue Miami, Flaida 33131 Telephone (305) 379-0683 Date n4 C,f.�- +.,0f� 0J v� s _ _ L -~ e The Information Management Company 305-477-9149 •800-287-4799 • FAX 305-477-7526 FC 017 STATE OF FLORIDA COUNTY OF NIANI-DADS The foregoing instrument was acknowledged before me this 19y-2, by Adrienne F. Pardo !•, —��. day of Produced who is personally known tome or who has as identification and who did (did not) take an oath. Name: Notary public -State o t.K°Tcao z Commission S My Commission � raaj oPM4RM& srorvtvo. Mr/Lus ##*rrr#rrrrrrrrrrr##r*#rrrr*r##r#rr#rr###*******## STATE OF FLORIDA COUNTY OF M "ff-DADS The foregoing instrument was acknowledged before me this 19 , by day of a of He/She is personally known to me or has produced corpora11 tion, on behalf of the co and who did (did not) take an oath, rPo' as identification Name: Notary public -State of Florida Commission No.: My Commission Expires: r ## STATE OF FLORIDA COUNTY OF NUAMI-DADE The foregoing instrument was acknowledged before me this 19_ . by day of produced a Pier (or agent) on behalf of P p He/She is personally known to me or who has as identification and who did (did not) take an oath. Name 1 Notary Public -State of Florida Commission No.: f:. My Commission Expires: qj Q- 1 . 9 i -AFFIDAVIT STATE OF FLORIDA } COUNTY OF ) SS i �AM%DADE } Eefore me, the undersigned authority, this day personally apPeared Adrienne Who being b F • Pardo 8 y the first duly sworn, upon oath, deposes and says: 1 • That he/she is the owner, or the . th� legal representative of the owner, sttbtnittin . a public hearing as required by the Zoning ordinanceg the accompanying of the City g application for City of in the Miami, as describedty of MiamL Florida, affecting the Heal Property located and listed on the Pages attached to this affidavit and made a ' 2• That all owners which he/she re p� dtereof. e Presents, if any, have gives their full and in his/her behalf for the char complete Permission for him/her to act 8e or modification of a classification or regulation of zoning as set out � the accompanying petition. 3. That the pages attached hereto and made a part of thi telephone numbers and I � s affidavit contain the current names, mailing ���' ` legal descriptions for the real property of which he/she is the owner or . The facts as represented is the application and documents legal representative.and correct. uments submitted in conjunction with this affidavit arc true Further Affiant sayeth not. STATE OF FLOPJDA C� p►PPli is Signature COUNI'VQFM�_DADE Adrienne F. Pardo The foregoing instrument was acknowled l by Adrienne F. Pardo g� before ffie this j day of who is Personally known tome as••t�t"te�ea and who did (did not) take an off• Name: t Notary Public -State of F Commission No.:Nar,�Y My Commission Expires NOTARYLR �A _...• : �.COMbf6�IQ1V Np, �r7713f8 MMr�It)N Dfp S t7 29- 969 4 0VVNER'S LISP' Owner's Name Waehiagkoh X&tual-Bank, r,A Mail in$ Address clo Tony. Moya 2601 loth Ave North, �,417Lake Wbrth, Floride Telephone Number (961) 35 7-6 04 6 ZiP Code 33451 Legal Description, See attached Exhibit; "All Owner's Name Mailing Address Telephone Number ZiP Cade Legal Description; Owner's Name Mailing Address Telephone Number p Code Legal Description: Any other real 395 estate property owned individually, Jointly, or severafeet of the subject site is listed as follows; Hy (by co rporation, parmersh; P or Privately) within Street Address None Street Address Street Address Legal Descriation Legal Description Legal Description � 69 DISCLOSURE OF OWNERSM 1. Legal description and street address of subject real property: See attached Exhibit ."A" 5800 N.W. nth Avenue, Miami, Florida 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 42 requires disclosure of shareholders of corporations, beneficiaries of trusis, and/or any other interested parties, together with their addresses and proportionate interest. Washington Mutual Bank, V.A. is a publicly held company. 3. Legal description and street address of any real property (a) owned by any party fasted in answer to question #2, and (b) located within 375 feet of the subject real property. None Owner or Attorney for Owner Adrienne F. Pardo STATE OF FLORIDA COUNTY OF IVIIAMI-DADS The'foregoing instrument was acknowledged before me this �_ day of 9 9 I9 by Adrienne i e nn e F . Pardo who is personally known to me or who has Produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.- My Commission pil�L�OT GONZALEZ NOTARY PUBLIC RA?£ OF FLORMA CC MMMON NO. CC7 LW oo ON EV. sEPr I 99— 969 Exhibit "A" LEGAL O£SCR/PT/ON. Troct 1, OF E0/SON CE Plot Book 66, of Page NTER DADS FEDERAL AW 9 of the Public Records aCcoq/79 to o�Me plot thereof Dade Count as recorded in Tract ,3, OF ED/SON CE , R/oldo, . Plot Book 67 at Po eR DADS FE'DE FIRST 9 , of the Public Records o Magi Das odecorded in County, R/orio'a �9— 969 "U'L"W 8' ZMING Oct 10:57 P.02102 00 N W 7 AVEN -3UE ""STItICTED COM =CLA-L and YP 3111+1A IVAMILY AMWMDMM **SFeeW 1�10, lion, pursuant to Cfty of amended, Article 4, Section 401: Schedale� ��g Ordinance 11000, as Principal Us", to allow a drive throe h fa ishict gtegulations, Conditional g eiIit3' for a Snancia( inodtutiooi. '�*SFecial Fscepiion, pursuant to amended, Article 4, Section 40XCity of + Schedule District ��g Ordinance 11000, as �cipal gJses, to allow a drive theti District Reg�a Conditional ,not provide minimum number of rese �� for a financial institution that do Required Proposed Ficst window Second window 10 4 Thiord window 8 5 Fourth window 6 6 5 5 **Subject to Conmbsion approval. .j McPhee," - G' Wing Inspector 17 Date Sq- 969 •Ian 13 99 03t57p 4ser. Basil ick -557-3703 :,.: ` � • ' nr. 146466 585 yQ E'al ire No. pt-4a9'IOn10 o!-]ti 0 Din Edis;ntt Hranrh tgER•S DLM Receiver's Deed made exiytinq under the on this by the RGSI-7 day of December, 1990, anhcLI1TION QgT CDRPaRATj-0 , a Corporation organized ti laws of the United States as Receiver f°r state Ravin s bazar TRUSTCORP BriatK, a 9 and the itESOLUTYaN �RPQRATI(?tie, a corporation organized and existing under tMMPAM he laws of the United States, as Receiver for aMTRUST SAv.S Dom• a federally chartered savings bank, pursuant to Order No. 90-1314, dated June 28, 1990, collectively, Grantor, to GREAT' t�'STfi7tN 34VINGS • a federally chartered savings, A FEDERAL address is 9901 Corbin Avenue, Northridge, Caifornia 91328, Attention: Lease Adminiatration, grantee. Grantor, in consideration of TEN (910.00) and other and ration Dollars good and valuable consideration paid by Gran Lee, the receipt and sufficiency of which =s hereby ackauWledaed, and in confirmation of the conveyance under that certuie Purchase and Assumption Agreement between Grantor and Grantee dated as of June 29. 1990, does, pursuant to authority granted Grantor under rho afore -described Order of •Lhe Office Of Thrift Supervisioa, release, convhereby bargain, sell, alien, remise, ey and confirm to Grantee all interest, claim and dethe right, title, ttand which Grantor has real property located in the county of Dade, in and to that State of Florida, and mare particularly described as follows: SEE MMISIT -A" ATTACNEA HER AND MADE A PART HEREOF the TOHAVEANntenat�ces TO HOLO the same together with all and singular appurtenances thereunto bolos is appertaining, and all the estate, right t=tle,r inte�estliein� equity, and claim whatsoever of Grantor, either t lacy or is equity, to the benefit and behalf of Grantee forever. In witness whereof., Grantor has caused this instrument Lo be signed by its duly authorized first above Written. representative an the day and. �- Year Signed, asaled and delivered in our presence: N� itnok RESOLt"109 TRUST ORATION, AS RECEIVER OF CEMUST BANK, A STATE SAVINGS HANK TITLE: Its Authorized Agent and Attorney -in -Fact pursuant to Power of Attorney recorded in Official Records Book IV66t Page L,s.7i , Pubrrc R*cosd,s of d,. Cou»ty, Ploridea n'9C�"— 2, 9 p.2 f Dart 13 SS 03a58p der Basiliok c=" 14846� 586 06-SS7-3703 p.3 USOWTION TRUST C09PORATION, AS IU1` RUST ERAL FED SAVINGSRECEVER BANK, A FEDERAL CNARTm SAViNc35 DANK TITLE: Authorized Attorney-fn-Factnt and to Power of Pursuant recorded Attorney Rccards Book Official Page b3Y of the �ptblie Records County. Florida of STATE OF FLQRIDA ) COU rry OF L ; , loe SS: The foregoing inst thi 7 ,! i =� G day of December; was acknowledged authoeizeii'ag eceanber; 1990, b g before me on COR ORATION and attarney-in-fact Y �'`.. "T.-n A".'4" as laws of 8 corporation or for the RESOLUTIoiol TRUST the IItsited States, zed On b half of existia capacity as receiver for that corporation 9 ceder the TRUST SANK, a state saavvlags bank,lts votary Public;' J tat�(f FloridaatLge My (:Rt�4fliSSloJd ESj�lrP.S: NOW/ Put". - Bob W Rmlda a : F STAT E OF FLMIDA ) C.OLTNTy OF ir.�,. SS : r, . • The foregoing instrument this "'fb%�' day of December, was acknowled ed authorized agent and ettnrn g bQfor me on cy-in n '` as RESOLUTION TRUST -2- gip_ ���Q� Jam 13 es 03!58P OcCeP Basilick CN-557-3703 P-4 .148469 58r CORPCMATroN, a Curporatiall organized and existing under the laws of the United States, an behalf of that corporation in its capacity as receiver for C-k!=UST FEDEM SAVINGS fed-J"rOILY chartered savings bank. BANK, a Notary Put �li rateofFlorida Largo My t'0mmissiOn Expires: *W7 Pdft 4IW04dZj*dftQr Laos. MWC4WM 80W This ,instrument was Prepared by: Z? C. RICNARD MORGAN, Shuttu & Bowen 1500 2dwara Hail Building Miami, FL 33132 PhOnC: (305) 358-6300 CRM1987f/mcj -3- V .fan 13 SS 03:SSp oser gasilick 5-557-3703 i 1480 Y r[C. i EDISON EMBIT "A" Tract 1, Of . EDISON CEx. L-.. AAIM P'EDSRAL, according to the plot thereof, as recorded in Plat book 66, at Page 7, of tht Public Racords o: Dade County, F_osida. WN Tract 3, of EMON CENTER BADE r EDLUL iSEST AMMON, as recorded in Plat Book.67, at•Pag* 25, of the PubUe Records of • Dade Count=, Florida. K1PA aet�0s � o�o►aN+alq� 6 00� p.S 0 - G fl [ [ N B [ fl GC171,) A T T O R N E V S A T L A T Adrienne Friesner Pardo T fl fl Il fl I G 305-579-0683 October 26, 1999 Via Facsimile Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue Miami, FL 33128 Re: Washington Mutual - Special Exception Dear Teresita: Enclosed please find a copy of the Certificate of Merger which states that Washington Mutual obtained the property through a merger and name change from Great Western Bank to Washington Mutual. Should you have any questions, please call me at (305) 579-0683. encl. cc: Mr. Tony Moya Ms. Maria Faria MUIMUPARD0MOSw=n@WMI.DOG101ZG99/9 M.45n21 Ve truly yours, Adrienne Friesner Pardo 1 GREENBERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.com MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER SAO PAUL FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE BOCA RATON Q r' Oct-21-00 02:26PN PrWWAW LE n :Office of Thrift Supervision * ! Department of the Treasury 1700 o sweet, N.W.. Washhvu)% b.G 20552 • (202) 906-M CERTIFICATE OF MERGER REFERENCE: Great Western Bank, a FS8 Chatsworth, California T-100 P.10/10 P-10P I, Nadine Y. Washington, Corporate Secretary, office of Thrift Supervision, hereby certify, according to the records of the Office of Thrift Supervision, Department of the Treasury, Washington, DC: I. Great Westem Bank, a FSB, Chatsworth, California, was chartered under the laws of the United States to transact the business of a Federal 'savings bank; and 2. Effective October 1, 1997, Great Western Bank, a FSB merged with an4 into American Savings Bank, F.A., Stockton, California, and American Savings Bank, F.A. was the resulting institution with a change in its corporate ` title to Washington Mutual Bank, FA. DATED this 22"4 day of September 1998. Nadine Y. ashingtoV i!Corporate Secretary ht IL Ih.•.. WASHINGTON WNUA L gkyx, Fri CE1RTMCATE OF SECTARY knownTa'3WA0=iae24 S,�, S� of Was�gmn Mutual Bm* FA, f =erly association du l antic cgs �' F'A' (the Association'), a federal Baviags America, hereb c orized and eatstng sender the laws of the United States of F ems* that the folla�eiag eats are cue and ca�ecs` ���1• fictive October 1,1997, the Association amended its Federal Stock to clump its �Porate title � Affiencan Sa ' B Cton Mutual Bank, PA. (the wntle �� ask, F.A. to aPP�zi&t* Bled and accepted by the or= as set forth is a nets �� Oi1�� P afflud to the Consent of Shareholders in Lien of Meeitag dated September 23, 1997, a true and correct copy of which ia„aUaehed. �. Concurrentip with the Titre Ghaa Savings .Bank, mupd with and ' � Great Wester= Ban), a Federal Mier ), under into the Association (the "Association the QMce of Amines of CeMbinatiOn Bled w� the Corporate 5�t�, of 55Z.13� (the ift Supra and endorsed pursummt to 12 C.Fa Seed= attached. Articles of Coina#ian'7. a true and correct copy of which is 3• At the effective time of thepriviles, PaRrers, fr Association , alI assets, :ighis, Savings Bank =chases and Property of Great Western Bank, a Federal 14ecame the assets, rights, privileges, powers, franchises and PrOP" Of the Assotiation by operataa other document of �, of federal law without any deed or Under Paragraph 7 of the plan of Merger attached as Exhibit A to the Articles of Cmnbination. 4directors T118prior to the and nil OfAmericxm Savings Bank., F,A, immediately �'�ve tiluO of �e as di�eotorse Title �an nge and the McT�x continued to d officers of Wt Association Bank, rent, dia p after the effective time of the Titleaal)dngton Mutual cQncurrent,9Ssociatioa Merger, Change and the I"N WITNESS RSOF, I have hereunto subsc�bed my name this 2�� day of June, 1998. ilIiam L. Lpnc Secretary 0�- 969 STATE bF WASMXGTON COLlwW QF KLNG I o�ify that I know or %ave.s ' the person vv}so appeared before e'�are that William L Lyach is this instrument, on oath , and slfidpersnn awledged that he B igaed +�zid ackaowle stated that he � authorized tD ,ante the ins dgedit as the Secretary afVD trument frw and �untary act ofsuch part for the abing MutcW B€ zdc, FA to he the e uses and proses mmtiQv*d thereim. Dated this*`fty of June. IOgg. t��slUhifrq%IF . � . firm". Patscia 14L Enrcemmen : qo reRr Notary Public iu and for the S —•.� .. tote of WaahmgWu, residing at EdI, �',.•s�+r a ►?`� My con 3nissioa expires: Ci-? 3 -o in Fi:V-OALlCORPS M1097FRTkDOC i, f I - i, F i c � ' rat r _ � .':c S ..� . ti i t ff, s ' -� 1. ..i � .SF,. ,t ,� � �„ r . � _,-.� ,.� �,,� �l_X�J. !l:;i.'a.•��;,A�Si� `� .5.,'91�; �{� ti s .. .,� �.y�L� �J� --.-� j J 1 .J _ .: i �Cl � :i _ _ _ -- -yam ' .. .t � Jam::' 'cis- =i��= s .ram .■mrmb, AMUR 0 �' �= Mw i rve Inramladon Management company 305-477-9149.800-287-4799 • FAX 305-477-7526 is a photocopy in poor Condition 1 11 Jill IIIII I FC 017 /3 i 1(iAf�, ,y l