HomeMy WebLinkAboutItem #22 - Discussion ItemPZ_9
ZONING FACT SHEET
Case Number: 1998-0089 02-Mar-98 Item No: 10
Location: 1643 Brickell Avenue
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: S.M. Brickell Limited Partnership Adrienne F. Pardo, Esq.
701 Brickell Avenue 1221 Brickell Avenue
Miami, FL 33131 Miami, FL 33131
App. Ph: (305) 372-0550 Rep. Ph: (305) 579-0683 ext
Rep. Fa (_) = ext
Zoning: R-4 Multifamliy High -Density Residential
Request: Special Exceptions as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 4, Section 401, Schedule of District
Regulations, to permit a Marina for the existing residential development and per
Article 9, Section 924.11, Extensions of docks into waterways or canals or Biscayne
Bay; Special Exceptions; to allow an extension of docks beyond thirty-five (35') feet
into Biscayne Bay (proposed 209'; allowed 35').
Recommendations:
Planning and Development: 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: Failure to maintain a building or structure in a safe condition and all devices
or safeguards in good working order. New elevator, no permit.
Ticketing Action: Complaint #9720560; Ticket warning letter sent on 12/16/97. Complied on
2/12/98; Complaint closed.
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on: 12/16/1997
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History:
Analysis: Please see attached.
•
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ZONING FACT SHEET
Case Number: 1998-0089 02-Mar-98 Item No: 10
Zoning Board Resolution No: ZB 1998-0031
Zoning Board: Approval Vote: 7-0
Appellant: Hylan B. Booker
-1
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Analysis for a Special Exception for the
SANTA MARIA MARINA PROJECT
located at
1643 Brickell Avenue
CASE NO: 1998-0089
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Santa Maria Marina Project has been reviewed to
allow the following Special Exceptions:
• Special Exception per Article 4, Section 401 to allow a Marina for the existing
residential development; and
• Special Exception per Article 9, Section 924.11 to allow and extension of a dock
beyond thirty five (35) feet into Biscayne Bay.
The requested Special Exceptions are for the purpose of allowing a Marina which extends
more than 35 feet into Biscayne Bay at the existing Santa Maria Residential Development
located at approximately 1643 Brickell Avenue within the Brickell area (see attached
legal description, location maps and aerial photographs for exact property boundaries).
Note: This Special Exception has a companion request for Variance.
In determining the appropriateness of the attached request, the following findings
have been made:
• It is found that the proposed Marina project will benefit the existing Santa Maria
Development by allowing residents of the project to dock boats on -site; this in turn
beriefits the area by providing a high density residential project with Marina
capabilities to attract new residents to the area.
• It is found that the subject of these Special Exceptions, specifically -a Marina Use at
an existing residential development and the extension of a dock beyond 35 feet into
Biscayne Bay, for the proposed project is completely within the scope and character
of the project given that it is a high density residential project to be located along a
significant parcel along Biscayne Bay and the South Brickell Avenue corridor.
• It is found that the proposed extension will enable the applicant to comply with
regulations to preserve the existing seagrasses in the Aquatic Preserve Area adjacent
to the shoreline of the Santa Maria Project.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate,
the project, as proposed, will have no adverse effects on the adjacent area.
Based on these findings, the Department of Planning and Development is
recommending approval of the requested Project as presented.
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Booker Enterprises
1627 Brickell Avenue #601 • Miami, Florida 33129
(305) 860-0419 • Phone/Fax: (305) 856-0344
Teresita Fernandez,
Chief of Notice of Hearings
444 SW Second Avenue
Miami, Florida 33131
March 17, 1998
Dear Ms. Fernandez:
This letter will certify that I, Hylah B. Booker, owner of apartment 601 at The Imperial
Condominium at 1627 Brickell Avenue, hereby appeal the Zoning Board's decision made
on March 2nd, 1999, regarding 1643 Santa Maria variance application to allow for an
expanded marina.
My reasons are:
1. Pollution. Large boats in a small area will create noise. They will also discharge oil
and create fumes that will foul the water and the air. Refuse of all sorts from the boats will
create a visual and sensorial -blight to the environment. This common area is where we all
swim, play tennis, barbecue for our families and friends and generally use as our place in
the sun.
2. The view. The ability to look at Biscayne Bay and Rickenbacker Causeway was a key
element in the attractiveness of The Imperial when we elected to buy here. The marina as
expanded will interfere with the tranquil, beautiful scene we have come to love in a major
way.
3. Property values. If the primary reason many of us bought our apartments in the first
place is destroyed, it is unlikely that our homes will find enthusiastic buyers without a
beautiful, serene view along with the peace and quiet in our recreation areas that we have
enjoyed. In other words, the Santa Maria property values will be enhanced directly at the
expense of The Imperial Condominium apartments.
Please advise.
Sincerely!///4,j// /oO�;�51(
Hylan B. BooYer \�
I SGu S�'--
Miami Zoning Board
Resolution: ZB 1998-0031
Monday, March 02, 1998
Mr, Tucker Gibbs offered the following Resolution and move
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000,
THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A MARINA FOR THE EXISTING
RESIDENTIAL DEVELOPMENT AND PER ARTICLE 9, SECTION 924.11, EXTENSIONS OF DOCKS
INTO WATERWAYS OR CANALS OR BISCAYNE BAY; SPECIAL EXCEPTIONS; TO ALLOW AN
EXTENSION OF DOCKS BEYOND THIRTY-FIVE (35') FEET INTO BISCAYNE BAY (PROPOSED
209'; ALLOWED 35') FOR THE PROPERTY LOCATED AT 1643 BRICKELL AVENUE LEGALLY
DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED; ZONED R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Mr. Osvaldo Moran-Ribeaux,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Yes
Mr. Tucker Gibbs
Yes
Ms. Ileana Hernandez -Acosta
Yes
Ms. Christine Morales
Away
Mr. Osvaldo Moran-Ribeaux
Yes
Mr. Paris A. Obregon
Yes
Mr. Juvenal Pina
Yes
Ms. Fernandez: Motion carries 7-0
AYE: 7
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: I
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1998-0089 Item Nbr: 10•
LEGAL OESCR I P T I ONES,
LOTS 47, 41 411 AND $0. BLOCK '11' OF MAARY AND WILLI W BRICKELL'S SU60IVESION,
ACCORDING Tb THE PLAT THEREOF, AS RECORDED IN PLAT BOOM, '8-, AT PAC£ 96, OF THE
P'UOLIC RECORDS OF DADE COUNTY. FLORIDA. ALSO KNOWN ASI
LOTS 41. 46, 49 A1D_¢O. IN BLOCK 'S' AS SHOWN ON FLACLER LASH. UARY 86RICGIEII ' S RE -
SUBOIVISION OF CART POLLY LEWIS AW JOhATHAN LEWIS DONATIONS, ACCORDING TO THE
PLAT THERE01= AS RECORDED IN PLAT BOOK S. Al PAGE 44, OF THE "LTC RECORDS OF OADE
COUNTY. FLORIDA'
FF
THE SLNBWWXD LAW IN BISCAYNE OAT LYING SOUTHEASTERLY OF LOTS 47. 4S. 49 APQ S0.
IN BLOCK -S' OF WRY AND WILLIAM BRICKELL SUBDIVISIONi AS RECORDED IN PLAT BOOK -1-.
AT PAGE 96. OF THE PUBLIC RECORDS OF OAOE COUNTY. FLOAIOA. MORE PARTICULARLY DESCAI5,EO
AS FOLLONTSs
COMAEME AT THE NORTkVEST CORNER OF SECTION 40 TOWNSHIP 54 SOUTH. RANGE 41 EAST,
THENCE NORTH 46812' 14' EAST ALONG THE NORTH LINE OF THE SAIEI SECTION 40. FOR A
DISTANCE OF 4.T33.70 FEET t0 THE INTERSECTION THEREOF I"TN THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF NICKELL AVENUE AS SWAN ON THE PLAT OF FLACLER. PLAT BOX S AT
PACE 44 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIOAH THENKE NORTN S2.50.14' EAST.
ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF 8RICKELL AVENUE AS SHowd ON THE SAID PLAT
OF FLAGLER ANO ALONIC THE SAID RICIIT-OF-WAY LINE OF OAICKELL AVENUE AND ALONG THE
NORTMIESTERLY LINE OF BLOCK '0' AS SHOW ON THE PLAT OF MART AMC WILLIAM BRICKELL
SUBDIVISION. PLAT 8= 05'. AT TY. FLORIDA.
FOR A DISTANCE OF 2.S40 " FEET *TTO THE MOST WI:S�Ii CW44EN OF LORECORDS OF OTDSO�CHCK -5- OFF
THE SAID MARY AND WILLIAM ORICKELL UMIVISIONI THENCE SOUTH 37•09'46- EAST. ALONG
THE SaUTNWESTElILT BOUNDARY OF SA 9 LOT SO AND IT'S PROLONGAt1OM SOUTHEASTERLY FOR A
OISTANCE OF 693.70 FEET TO THE 197ERUCTION THEREOF WITH THE DADE COUIITY eNLKHE.AD
LINE AS RECORDED IN PLAT DOOR T4. AT PACE 3 OF THE PUBLIC REC111RDS OF CAM COUNTY
FLORIOA A10 THE POINT OF OEGImINO OF THE tRACT OF SUGLERGEO LAND HEREIN OESCRIR0I
THENCE NORTH S64S4'1I' EAST. ALONC THE SAID GIAKHEAD LINE, FOR A OISIMM OF 300.6%
FEET TO THE INTERSECTION THEREOF WITH THE PRKLONGATION SOUTHEASTERLY OF THE
NORTHEASTERLY Y LINE OF LOT 44 OF TINE SAID BLOCK 'S'I THENCE NORTH 37.09 ' 46 '
NEST ALONG Tf �OWATION SOUTHEASTERLY OF THE N01117W �STERLT OOUII WW" OF SAID
LOT 49. FOR A ISTAMIM OF ZOO FEET. MORE OR LESS. TO THE HIGH WATER LINE OF
BISCAYNE SAY,SOUTNWE57ERHlY I�EAlO�R111C THE NIGH WATER LINE OF N1ISCATNE BAY
AND ALONG TSOMI WASTERLY GOUP"" OF LOTS 48 49. 00 50 OF SA10 $LOCK -a' FOR
A OISTARCF 33S FEET. MORE OR LESS. TO THE INTERSECTION THEREOF WITH THE SCIMTNWESTEpLY
80UNOARY OF SAID LOT Soo THENCE SOUTH 37•02'46' EAST. ALONG THE PROLONGATION SOUTHEASTEAL
OF THE Sa11TNVESnALY &OUNDNWY OF SAID LOT 50 FOR A DISTARM OF 207 FEET. ►BORE OR LESS.
TO TIE POINT OF BECINNINGI
ANOT
L.uA,X,oPCX Al THL NCIRTHWEST CORNER OF SAID SECTION 401 THEIrCE NORTH 88.12' 1 4 - EAST ALONG
THE NORTH NE OF THE SAID SECTION 40 FOR A DISTANCE OF 4.733.?0 FEET TO THE INTERSECTION
THEREOF VI`IM THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF BRICKELL AVENUE AS SOWN ON THE PLAT
OF FLACLER PLAT BOOR S. AT ►ACE 44 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIOAT THENCE
NORTH S2•Sb'14' EAST ALONG THE SOUTHEASTERLY RIGHT -OF -SAY LINE OF BRICKELL AVENUE AS SHOT+
DN THE SAID PLAT OF hAGLER AND ALONG THE SAID RIGHT-OF-WAY LINE OF BRICLELL AVENUE Am
ALONG THE IIORTMSESTMY LINE OF 9LOC1 'a' AS SHOWN ON THE PLAT OF MART AND WILLIAM SRICKELL
SUS01 VI S100. PLAT M m m ' ' AT PAGE 96 OF THE PURL IC RECORDS OF OADE COUNTY. FLOR ICA, FOR A
OISTANM OF 2 O40.t3 FEET TO THE MOST WESTERLY CORNER OF LOT 47 DLOCK 'B• OF THE SAID HART
AM WILLIAM jAICKM U)BIDIVISIONI THENCE SOUTH 3T•09'46' EAST, kONG THE SOUTHENESTERLY
BOUNOARY OF THE SAID LOT 47 AND ITS PfiOLONCATION SOUTHEASTERLY FOR A DISTANCE OF Tolle
FEET TO THE INTERSECTION THEREOF WITH THE DADE COUHtY OULKHEAD LINE AS RECORDED IN PLAT BOOK
74 AT PAGE 3 OF THE P%*LIC RECORDS OF DADE COUNTY FLORIDA AND THE P0114T OF 9EGINNINC OF
T 4 TRACT OF SUBI,ERGE LAND HEREIN OE SCR 18E01 THE IICft NORTH WWII - EAST. ALONG THE SAID
BULKHEAD LINE FOR A 015TAWE OF 100.232 FEET TO THE INTERSECTION THEREOF WITH THE
PROLONGATION �OUTHEASTE111NLET OF THE NORTHEASTERLY OWMARY LINE OF L07 41 OF SAID SLOCX B',
TNEN/CE NORM 37.09'46' ST ALONG THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY
BOUNDARY OF SAID LWEOT 4T. FiA A OISTAftM OF 206 FEET. WOK OR LESS. TO THE NIG+ WATER LINE
of OISCArNE BAT THENCE SOUTHSTERLT, MEANDERING THE NIGH WATER LINE OF .BISCAYNE BAY APO
ALOMC THE SOUT4ASTERLY AAY OF SAID LOT 41 FOR A DISTANCE OF 100 FEET, MORE OR LESS.
TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY BOUNDARY OF SAID LOT 414 THENCE SOUTH
ST•OS'46' EAST ALONG THE PROLONGATION SOUTHEASTERLY OF THE SOUTHWESTERLY SOUNOAAY OF SAID
LOT Al FOR A OISTM$M OF 206 FEET. MORE OR LESS TO THE POINT OF BECINNIHG.
CONTAINING 6.4 ACRES MORE Oft LESS INCLUDING THE SUB&CAGFD LANIOt AMD 4.5 ACRES "E CA LESS
E X CL UO I NC THE SLISMERCE O L ANO .
NOTES.
,. KAAINGS SHOWN HEREON AK BASED ON THE THE EASTEALT RIGHT -OF -VAT
LINE Of BAICAELL AVENUE. HAVING A BEARING OF WAN 52'SO'14' EAST
I. ELEVATIONS SH0vN HEREON ARE BASEO ON THE CITY OF wj&NI OATUK.
. S.E T dAGAC S.
FRONT SETBACK 10.00 FEET FOR A6MEGROUNO STAUCTWK S.
SIOE SETBACK 10.00 FEET ON BASE BUILDING.
PORTIONS OF LOT 4 ► AAE SUBJECT TO A OE CL AAA T I ON OF R£ S T A I C T I VE
C'Ob4NAMTS AS RECOAOEO IN THE OFFICIAL RECORDS BOOK +6S10.
PACE 3093 EXHIBIT 'A-. DADE COUNTY. RECORDS.
S. W1IAINA APO SLIM 00 NOT EXIST. IF CONSTRUCTED YARIMA SLIPS
TILL Bf L1WtEO COL ON ELEMENTS. ALL OTHER WARIHA IW'ROYEIEHTS
.ILL BE CANON ELE►ENTS.
E X H I " A
rr #a
Folio # 01-4139-001-2370
010390010390
01-4139-001-2360
0141390010380
t
EXHIBIT "A "
continued
ZORING 30ARn ACTION ON PETITION FOR SPECIAL. ZXC- 'ION
I move tt the request on agenda item ���+ be denied)
rants in that the requirements of Section 2303 ere(were
no satisfied by relevant evidence in the record of c e public
hearing.
a) as stated in the City-3 findings of fact, or
b) gas 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 aonrovriate conditions:
1303 a Inaress and saress.
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 Offstseet Parkin and Loadiaa
Due consideration shall be given to offstreet parking and
loadinq 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
screening and landscaping.
1305.3 leetas0 sad ser-rice areas.
` •i
Due consideration shall be given to the location, scale,
design, and screening of refuse and service areas to the manner
in which refuse is to be stored; and to the manner and timing of
refuse collection and deliveries, shipments, or other service
activities, as such mattere relate to the location and nature of
uses on adjoining properties and to the location and character of
adjoining public ways.
1303.4 Sims and liahtina.
Due consideration shall be given to the number, size,
character, location and orientation of proposed signs, and of
proposed lightinqq for signs and promises, with particular
referents to -traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
1305.5 Utilities.
)us consideration shall to given �., utilities required,
With :articular
n�s o once to availability and capacity of
systems, connections, and potentially adverse
appearance or other adverse effects on adjoining and nearby
property and the character of the area.
130S.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.
1303.7 Prese,rvation of natural features.
Due, consideration shall be, given to provision for the,
preservation of existing vegetation mad geological features
whenever possible,.
1305.a Control at 20tsati411V admen tffietm 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 $lull be given to potentially adverse effects
generally on adjoining and nearby properties, the area, the
neighborhood, or the City, of the, use or occupancy as proposed,
or its location, construction, design, character, scale or Renner
of operation. where such potentially adverse effects are found,
consideration shall be given to special remedial =&sure*
appropriate in the particular circumstances of th* case,
including screening or buffering, landscaping, control of menner
or hours of operation, alteration of use of such space, or such
other measures as are required to assume that such potential
adverse effects will be eliminated or aiaimised to the maxim=
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 depreciation of the value of
nearby property.
�-z '5-d
Date
It�e
1 Sle.cSL�•a'7 �-
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CITY OF NE AMI
OFFICE OF HEARING BOARDS
APPLICATION FOR SPECIAL EXCEPTION
SECTION 2-653 OF THE CODE OF THE CITY OF M MI, 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 (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 3313-3.
NOTE: THIS APPLICATION MUST BE TYPEWRPITEN AND SIGNED IN BLACK INK.
Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies
specified in this ordinance are of a nature requiring special and intensive review to determine whether
or not they should be permitted in specific locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary promote the general purposes of this
Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from
avoidable potentially adverse effects. It is further intended that the expertise and judgment of the
Zoning Board be exercised in making such determinations, in accordance with the rules, considerations
and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance).
Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be
solely responsible for determinations on applications for Special Exceptions except when otherwise
provided for in the City Code. All applications shall be referred to the Director of the Department
Planning and Development for his recommendations and the Director shall make any further referrals
required by these regulations.
I�Adrienne F. Pardo, on behalf of S.M. Brickell Limited Partnership
hereby apply to the City of Miami Zoning Board for
Lpproval of a Special Exception for the property located at 164 3 BRTC q1L AVENUE
, folio number See Exhibit "A" . Nature of Proposed Use (please be
pecific): 19 - Slip Motor Boat and sail boat marina for the residents of the Santa Maria
In support of this application, the following material is submitted.
X 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one
year from the date of application.
X 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
Su-c�4�-�'1"►
X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application).
X
4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered
by the application.
X 5. At least two photographs that show the entire property (land and improvements).
�_ 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
X 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
Permit to construct waterfront improvements
No. 720 issued epar me ot triE
199403654 (IP-CB), State of Florida Department of
Environmental Protection Fe7mtL"idu"- !;32
X 8. Fee of $ 8 0 0 .0'0 to apply toward the cost of processing according to Section 62-156 of the
Zoning Ordinance:
SpecialException...............................................................................................$ 800.00
Special Exception requiring automatic city commission review.......................$2,000.00
Extension of time for special exception.............................................................$ 500.00
Public hearing mail notice fees, including cost of
handling and mailing per notice ................ :........................................................ $ 3.50
Surcharge equal to applicable fee from item above, not to exceed eight hundred
dollars ($800.00) except from agencies of the city; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property.
Signature
Name Adrienne F. 'Pardo, Esquire
Address 1221 Brickell Avenue
Telephone
Date
Miami, Florida 33131
( 3 0 5 ) 579-0683
JANUARY 9, 1998
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Thy foregoing instrument was acknowledged before me this day of January
19 98,by Adrienne F. Pardo, S.M. Brickell Lin_iteAwispersonally known tome ofNA%_hftS
Pm4ueed r a r t n er s h i iazd who did (did not) take an oath.
Name:
Notary Public-State
OFFICIAL NOTARY SEAL
Commission No.: MARISOL R GONZALEZ
My Commission E ogWY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC403667
MY COMMISSION EXP. SEPT 17,1999
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
19 , by -of
-
a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MIANII-DADE
The foregoing instrument was acknowledged before me this day of
19____, by partner (or agent) on behalf of
partnership. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAW-DADS }
Before me, the undersigned authority, this day personally appeared Adrienne F . Pardo
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by 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.
Applicant's Signature
STATE OF FLORMA
COUNTY OF MIAMI-DARE
° The foregoing instrument was i� nowledaed before me this _ . � day of January
192 8 , by Adrienne F . a r d o aartner (or a on behalf of
S.M. BRIGIELL LIMIT , a partnership. He/She is personally known to me erwhabas
who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
OFFICIAL NOTARY SEAL
My Commissionf XPIMSMARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC403667
MY COMMISSION EXP. SEPT 17,1998
110 ' d L T L06LS6 0i SQ8 ON I 611d3H I Wd I W d0 Al I O WMW Wd9Z_ : T Thy
Cc,M7Q T h C04C Q ' k1'd7��'�'a�'�
OWNER'S LIST
)wner'sName S.M. Brickell Limited Partnership
Bailing Address 7 0 1 B r i c k e l l rAv e n u e, Miami, Florida Zip Code 3 3 1 3 1
'elephone Number (3 0 5) 3 7 2- 0 5 5 0
,egal Description:
See attached Exhibit "A"
owner's Name
Mailing Address Zip Code
'elephone Number
,egal Description:
►wner's Name
failing Address Zip Code
elephone Number
,gal Description:
:iy other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
'5 feet of the subject site is listed as follows: -
Street Address Legal Description
None
Street Address
Legal Description
Street Address Legal Description
r
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
SEE EXHIBIT "A"
2. Owner(s) of subject real property and percentage of ownership, Note: Section 2-619 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.
SEE EXHIBIT "B"
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 rest property.
} T N/A '
Owner or Attorney or Ow�t_
STATE OF FLORIDA
COUNTY OF WANII-DADE
The foregoing instrument was acknowledged before me this / clay of January
98 Adrienne F . Pardo
19 , by partner (or a M) on behalf of
S_ M_ R R T C KR T, T. T. T M T T .D P AR T NR R S P T P , a partnership. He/She is personally known tome otwh*4ws
flrrodused-as Idendficatiortand who did (did not) take an oath.
Name: /"
Notary Public -State of Florida
Commission No.:
My Commission Expires:
OFFICIAL NOTARY SEAL
MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC403667
MY.COMMISSION EXP. SEPT 17,1998
S0 ' d L T L06LS6 Ol S(IH ON I 6IJ3H I WU I W 30 U 10 W0NA WdLZ : T T 866 T -LO- T O
CCGI?QTr, CSC C-7 • 7T CDC . ) 01 .TrA
LEGAL DESCRIPTIONS,
LOTS 4T, 41 49 ANO SO, IN BLOCK -5- OF WARY AND WILLIMI BRICKELL'S SUSOIYISION,
ACCORDING Tb THE PLAT THEREOF. AS RECORDED 104 PLAT BOOK -8% AT PAGE 96. OF TILE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO KNOWN ASI
LOTS 47, 46, 49 ANO 50. IN BLOCK B- AS SHOWN ON FL.AGLER WS. UARY 8R1CKEILL'S RE-
SUBO[VIS[ON OF DART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK S. Al PAGE 44. OF THE PUBLIC RECOFOS OF OADE
COUNTY . FLOR i DA'
_
THE SUBMERGED LAW IN BISCAYNE SAY LYING SOUTHEASTERLY OF LOTS 47. 45. 49 AND S0.
IN BLOCK 'B- OF WRY AND WILLIAM BRICKELL SUBDIVISION, AS RECORDED IN PLAT BOOK -
B-AT PACE 96. OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. MOM PARTICULARLY OESCRIBEO
AS FOLLOWTSt
COWAENCE AT THE NORTITWEST CORNER OF SECTION 40 TOWNSHIP 54 SOUTH. RANGE 41 EAST,
THENCE NORTH W 12'14' EAST ALONG THE NORTH LINE OF THE SAID SECTION 40. FOR A
DISTANCE OF 4.T33.70 FEET 10 tW. INTERSECTION THEREOF WITH THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF BRICKELL AVENUE AS SHOWN ON THIS PLAT OF FLACLER. PLAT BOOK S AT
PACE 44 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIOAI THENCE 14ORTH 52-50.14- EAST,
ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF BRICKELL AVENUE AS SHOAW4 ON THE SAID PLAT
OF FLAGLER AND ALONG THE SAID RICNT-OF-WAY LINE OF BRICKELL AVENUE ANO ALONG THE
NORTHWESTERLY LINE OF BLOCK 'S' AS SHOWN ON THE PLAT OF 6101,11IT AND WILLIAAMI BRICKELL
SUBDIVISION. PLAT BOOK 'B'. AT PACE % OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA.
FOR A DISTANCE OF 2.W.99 FEET TO THE MOST WESTERLY CORNER OF LOT SO. BLOCK -8- OF
THE SAID WRY AND WILLIAMI BRICKELL SUSDIVISIONI THENCE SOUTH 3T-09'46' EAST. ALONG
THE SOUTHWESTERLY BOUNDARY OF SAW LOT 50 AND IT'S PROLONGATION SOUTHEASTERLY FOR A
DISTANCE OF 663.71 FEET TO THE INTERSECTION THEREOF WITH THE DADE COUNTY BARtKWEAO
LINE AS RECORDED 1N PLAT GOOK T4. AT PAGE 3 OF THE PUBLIC RECORDS OF OAOE COUNTY
FLORIDA AW THE POINT OF BEG[MtINO OF THE TRACT OF SLVAIERGEO LAND HEREIN OESCRIk01
THENCE NORTH S6-S4.II' EAST, ALONG THE SAID BULKHEAD LINE. FOR A DISTANCE OF 300.694;
FEET TO TWE INTERSECTION THEREOF WITH THE PROLONGATION SOUTHEASTERLY OF THE
14MTHEASTERLY Y LINE OF LOT 44 OF THE SAID BLOCK 'B-t THENCE NORTH 37-09'46-
NEST ALONG PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY BOUNDARY OF SAID
LOT it. FOR A (STANCE OF 200 FEET. MORE OR LESS. TO THE HIGH INATER LINE OF
BISCAYNE BAT SOUTHWESTERLLY MEANDERING THE HIGH WATER LINE OF BISCAYNE BAY
AND ALONG THE SOUTHEASTERLY BOUND OF LOTS 44 49AND SO OF SAIO BLOCK -B- FOR
A DISTANCE 33S FEET. MORE OR'`ESS, TO THE INTEAkCTiON THEREOF WITH THE SOUTHWESTERLY
BOUNDARY OF SAID LOT SOt THENCE SOUTH 37.02146, EAST. ALONG THE PROLONGATION SOUTHEASTER
OF THE SOUTHWESTERLY BOUNDARY OF SAID LOT 50 FOR A DISTANCE OF 207 FEET. LOIE OR LESS.
TO THE POINT OF BECIMINCt
CU*A&FKX At THE I1MTH1lE$T CORNER OF SAID SECTION 40P THENCE NORTH 8e-12'14- FAST ALONG
_ THE NORTH NE OF THE SAID SECTION 40 FOR A DISTANCE OF 4.T33.T'O FEET TO THE INTERSECTION
THEREOF WILITHE SOUTHEASTERLY RIGHT-OF-WAY LINE OF BRICKELL AVENUE AS SHOWN ON THE PLAT
OF FLnER PLAT BOOK S. AT PAGE 44 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIOAt THENCE
NORTH S-Sb'14' EAST ALONG THE SOUTHEASTERLY RIGHT-DF-WAY LINE OF BRICKELL AVEENUE AS SWN7WN
ON THE SAID PLAT OF hAGLER AND ALONG THE SAID RIGHT-OF-WAY LINE OF BRICKELL AVENUE AWD
ALONG THE NORTHWESTERLY LINE OF OLOCK 'S' AS SHOWN ON THE PLAT OF WARY AND WI L.L I AM/ ORI CICELL
SUB01YIS1ON. PLAT BOOK ' AT PACE 96 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA FOR A
OISTANCE OF 2 940.13 FEET TO THE HOST WESTERLY CORNIER OF LOT 47 BLOCK '0' OF THE Si10 MARY
AND WTLLIAWI RICKEL.L SIIBOIVISIONt THENCE SOUTH 37009.46- EAST. (LONG THE SOUTHEWESTERLY
BOUNDARY OF THE SAID LOT 47 AND ITS PROLONGATLON SOUTHEASTERLY FOR A OISTANCCE OF 704.1v
FEET TO THE INTTASECTION THEREOF WITH THE DADE COUNTY BULKHEAD LINE AS RECORDED IN PLAT BOOK
74i AT PAGE 3 OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA ANO THE POINT OF BEGINNING OF
THL TRACT OF SUBIERCE LAUD HEREIN DESCRIBED THENCE= NORTH 56.54.11- EAST. ALONG THE SAID
BULKHEAD LINE FOR A DI 55T,
ANCE OF 100.232 FEET TO THE INTERSECTION THEREOF WITH THE
PROLONGATION iOUTHEASTEY OF THE NORTHEASTERLY SOUIDARY LINE OF LOT 47 OF SAID BLOCK -8'4
THENCE NORTH 37.09'4i' ALONG THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY
BOUNDARY OF SAID NOT 47. FOR A OISTANCE OF 200 FEET. MORE OR LESS. TO THE MICH WATER LINE
OF BISCAYNE BATTHENCE SOUTHWESTERLY. MEANDERING THE HIGH WATER LINE OF BISCAYNE BAY AMC
ALONG THE SOUTHEASTERLY 00kP1pAR" OF SAID LOT 4? FOR A DISTANCE OF 100 FEET. WORE OR LESS.
TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY 80UNOARY OF SAID LOT 47t THENCE SOUTH
37.09'46' EAST ALONG THE PROLONGATION SOUTHEASTERLY OF THE SOUTHWESTERLT BOUNDARY OF SAID
LOT 47 FOR A OiSTANCE OF 206 FEET. MARE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 4.4 ACRES IWOFIE OR LESS INCLUDING THE SUBWERGED LAND& AND 4.5 AC'AES LJORE OR LESS
EXCLUDING THE SUBMERGED LAND.
NOTES.
�• BEARINGS SNOW, HEREON AAE BASED ON THE THE EASTERLY RIGHT-OF-NAT
LINE OF BAICAELL AVENUE. HAVING A BEARING OF NORTH 52.50-14- EAST.
Z. ELEVATIONS SHOWN HEAEOh ARE BASSO ON THE C1Tl' OF UTAul OATuk-
3. SE TbACJIS.
F "t SETSACK 10.00 FEET FOR ABOVEGROUND STRUCTURES.
SIOE SETBACX 10.00 FEET ON BASE BUILDING.
4. PORTIONS OF LOT 4T A#W SUBJECT TO A DECLARATION OF R1;STHICTIVE
COVENANTS AS AECOROED IN THE OFFICIAL RECORDS B0OK 16540.
PAGE 3083 EXHIBIT -A-. DADE COUNTY. RECORDS.
S. "ILRINA ANO SLIPS 00 NOT EXIST. 1F COKSTRUCTED MARI.A SLIPS
WILL BE LIWIttD COL&ADN ELEtENTS. ALL OTHER UARINA 11PROVE6EPPTS
WILL BE COMAON ELEMENTS.
S
1*A
'Id •
EXHIBIT "A"
EXHIBIT "A"
continued
Folio # 01-4139-001-2370
01-139-001-2390
01-4139-001-2360
01-4139-001-2380
n
EXHIBIT `B"
S.M. Brickell Limited Partnership Partnership Interest Owners
Santa Maria Development, Inc. 1 % Ugo Colombo
General Partner 100%
Sama, Inc.
Limited Partner
Andrea Zanussi (individual)
Limited Personal
Pentaco International Corp.
Limited Partner
College Health and Investment, L.P.
Limited Partner
M I A MI/M AYR/919778/j pp#O1 I DOC/1 /16/98
71 % Ugo Colombo
100%
3% Andrea Zanussi
100%
10% Rege Trust
.100%
Beneficiairies of Rege
Trust is Maurizio
Raggio
15% Samuel Burstyn
1%
College Health &
Investment Trust
(99%)
Beneficiaries of
College Health Trust
are Sean Burstyn,
Alana Burstyn and
Daniel Burstyn
..-_ .,.,., . 1« olio CAC GROUP -+--+ GREENBERG TAURIG Z004
-7r 7
STANLEY AXLROD UTD TOWERS, INC.
1809 Brickell Avenue - Miarai, Florida 33129.1619
Phone: 305-854-0224
Fax: 505-854-0275
TDD: 305-854-477-T
April 25, 1996
SM Brickell Limited Partnership
701 Brickell Avenue, Suite 3150
Miami., Florida 33131
Re: Santa Maria Marina
To Whom It May Concern:
The Stanley Axlrod UTD Towers (1809 Brickell Avenue) supports SM
Brickell in its application for Special Exception and applicable
County, State and Federal permittimg approvals for docks and boat
slips at or beyond the eastern portion of the submerged land at
SYLVL4 07YO
Administrator
ALEXANDRA PITA
Bo&lxeper
MURRAY SISSELMAN
Pmsident
GEiVEVIEVE Y'ARNOLD
Vice .President
PAT L. TORNILLO, JR
Secretary-Tlrw"rer
DIRECTORS
Biscayne Bay.
Leola Adams
Sa4ord Bearm¢n
The Stanley Axlrod UTD Towers acknowledges that it has received
Aaron Bethel
a copy of the plans for the proposed docks prepared by Thomas Checca,
Broks
P.E. and then revised on March 31 and identified as Job Number 940342,A
ag�
drawing number 394D--015-2 and has studied the impact thereof on
William Cotter
SM. The Stanley Axlrod UTD Towers agrees to support the future
Willette Cruse
application for the implementation and approval. It is understood
Barbara Harris
that the number of docks will not exceed 24 and that no boats will
Se?. , Metes
be anchored that do not belong to the residents of SM condominium.
Isaac .Mobley
Futhermore, no one will Jive aboard the boats for a period to exceed 5
Phyllis p07-ter
days. With the restrictions just outlined above, we agree with
Daneen Regna
the building of the docks,
Ladia. Rodri3O=
_
Raquel Viamonte
Sincerel
Billie Sue Vogel
Murray sselman
President
MS/dS
Sponsored by united Teachers of Dade,
Murray Sisselman, President % A
A Commitment to Community Service pat L 76rndlo, Jr., Executtv?W4u-President
s
REc: 10 15 '_ Wbb
RETURN TO:
Namet ADORNO & ZEDER, P.A.
9ddress: 2601 South Bayshore Dri,,_
Suite 1600
Miami, FL 33131
THIS INSTRUMENT PREPARED BY:
Name: Norman Leopold, Esquire
LEOPOLD & LEOPOLD, P.A.
Address: 20801 Biscayne Boulevard
Suite 501
North Miami Beach, FL 33180
Folio Number : 01 41390012380
Grantee's SS#j
SPECdAL WARRANTY DEED
93RS92234 IM DEC 02 I=
DOCSTPOEE Vr100.00 SURTX I2r825.0i
HARVEY RUVIN+ CLERK DADE CGLOMv Ft
THIS SPECIAL WARRANTY DEED, made the 25t14 day of November,
1993, by H & R DEVELOPMENTS, a Florida General Partnership,
hereinafter called Grantor, to SM BRICRELL LIMITED PARTNERSHIP, a
Florida limited partnership, whose post office address is 701
Brickell Avenue, Suite 3150, Miami, FL 33131, hereinafter called
Grantee:
(wherever used herein. the terms 'Grantor" and "Grantee" include all parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporad=)
WITNESSETH, That Grantor, for and in consideration of the sum
of $10.00 and other valuable consideration, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto Grantee, its heirs and
assigns forever, all that certain land situate, lying and being in
Dade County, Florida, viz:
All of its undivided twenty-five percent (25%) interest
in and to the following described property:
SEE EXHIBIT "A• ATTACHED HERETO
SUBJECT TOs Taxes for the year 1994 and subsequent years;
zoning ordinances of the applicable governmental authorities and
those matters set forth on Exhibit "BO attached hereto and made a
part hereof.
TOGETHER with all the tenements, hereditamente and
appurtenances thereto belonging or in anywise appertaining.
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of said land in fee simple; that Grantor has good
right and lawful authority to sell and convey said land; that
Grantor hereby warrants the title to said land and will defend the
same against the lawful claims of all persons lawfully claiming by,
through and under Grantor but against none other.
IN WITNESS WFMWF, Grantor has signed and sealed these
presents the day and year first above written.
Witnesses: H & R DEVELOPMENTS, a Florida
General Partnership
By: BATISE INVESTMENTS LIMITER,,,, an
Ontario, Canada corporadL'i�'�
General rtner S � L ... "
t' s
��%LJlULQ/1-Q_ By: a,
Name t gz mg HOESTBPTLr : t
Title:. President
Print name of witness Address: 3625 Dufferin-Strge$
Downsview, Ontario, Cana6a1;Pzr.4?'4•`eC.,
J 38% '
f•,
Page 1
�voax�wus.�aorszso�cKc�coca�sw.ecn
s
°E�:16152Pc0387
SA+4-C El_!.L ( CORPORATE SEAL)
Print name of witness
COUNTRY OF CANADA
PROVINCE OF ONTARIO
The foregoing instrument was acknowledged before me this ?
day of November, 1993, by GEORGE HOPSTEDTSR, an President of BATISE
INVESTMENTS LIMITED, an Ontario, Canada corporation, on behalf of
the corporation, as a General Partner of H & R DEVELOPMENTS, a
Florida General Partnership, who is personally knomto me -OR-
produced No.
as identification.
Notaw Public emD
My commission expires: ;s o
MAA &fA?UKZ A4A��M
Q may,, Print name of notary public,
Page 2
�wo��asu.�awassc�arc�oocs�sAc. aF4
w
?F,. i b � SZ?�0388
EXHISI' N."
Lots 47, 48, 49, and 50, in Block "B" of MARY AND WILLIAM BRICTELL's subdivision;
according to the plat thereof, as recorded in Plat Book "B", at Page 96, of the
Public Records of Dade county, Florida, also known as:
Lots 47, 48, 49, and 50, in Block "B" as shown on FLAGLER MRS. MARY BRICXELL'S
RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS; according to
the plat thereof, as recorded in Plat Book 5, at Page 44 of the Public Records
of Dade County, Florida,
AND;
The submerged land in Biscayne Bay lying southeasterly of Lots 47, 48, 49, and
50, in Block "B" Of MARY AND WILLIAM BRICRELL SUBDIVISION; as recorded in Plat
Book "B", at Page 96, of the Public Records of Dade County, Florida, more
particularly described as follows:
Commence at the Northwest corner of Section 40, Township 54 south, Range 41 East,
thence North 88. 12' 14" East, along the North line of the said Section 40, for
a distance of 4,733.70 feet to the intersection thereof with the southeasterly
Right of way line of Brickell Avenue as shown on the plat of FLAGLER, Plat Book
5, at Page 44, of the Public Records of Dade County, Florida; Thence North 521
50. 14- East, along the Southeasterly Right of way line of Brickell Avenue as
shown on the said plat of Flagler and along the said Right of way line of
Brickell Avenue and along the Northwesterly line of Block "B" as shown on the
plat of MARY AND WILLIAM BRICIELL SUBDIVISION, Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, for a distance of 2,540.99 feet to the
most Westerly corner of Lot 50, Block "B" of the said MARY AND WILLIAM BRICXELL
SUBDIVISION; Thence south 37" 09, 46" East, along the southwesterly boundary of
said Lot 50 and it's prolongation southeasterly for a distance of 683.78 feet to
the intersection thereof with the Dade County bulkhead line as recorded in Plat
Book 74, at Page 3, of the Public Records of Dade county, Florida, and the Point
of Beginning of the tract of submerged land herein described; thence North 56"
54, 11" East along the said bulkhead line, for a distance of 300.696 feet to
intersection thereof with the prolongation southeasterly of the Northeasterly
boundary line of Lot 48 of the said Block "B"; Thence North 37°09146" west, along
the prolongation Southeasterly of the Northeasterly boundary of said Lot 48, for
a distance of 208 feet, more or less, to the High water line of Biscayne Bay;
Thence Southwesterly, meandering the High water line of Biscayne Bay and along
the southeasterly boundary of Lots 48, 49, and 50 of said Block "B" for a
distance 335 feet, more or less, to the intersection thereof with the
southwesterly boundary of said Lot 50; Thence south 37° 09. 46" East, along the
prolongation southeasterly of the southwesterly boundary of said Lot 50 for a
distance of 207 feet, more or less, to the Point of Beginning;
AND;
Commence at the Northwest corner of said section 40; Thence North 88° 12, 14"
East, along the North line of the said Section 40 for a distance of 4,733.70 feet
to the intersection thereof with the Southeasterly Right of way line of Brickell
Avenue as shown on the plat of FLAGLER, Plat Book 5, at Page 44 of the Public
Records of Dade County, Florida; Thence North 52" 50, 14" East, along the
southeasterly Right of Way line of Brickell Avenue as shown on the said plat of
FLAGLER and along the said Right of way line of Brickell Avenue and along the
Northwesterly line of Block "B" as shown on the plat of MARY AND WILLIAM BRIC10rL1,
SUBDIVISION, Plat Book "B" at Page 96 of the Public Records of Dade county,
Florida, for a distance of 2,840.93 feet to the most westerly corner of Lot 47,
Block "B- of the said MARY AND WILLIAM BRICREIS,SUBDIVISION; Thence south 37° 09,
46" East, along the Southwesterly boundary of the said Lot 47 and its
prolongation Southeasterly for a distance of 704.18 feet to the intersection
thereof with the Dade County bulkhead line as recorded in Plat Book 74, at Page
3 of the Public Records of Dade County, Florida and the Point of Beginning of the
Tract of submerge land herein described; Thence North 56° 54, 11" East, along the
said bulkhead line, for a distance of 100.232 feet to the intersection thereof
with the prolongation Southeasterly of the Northeasterly boundary line of. Lot 47
of said Block "B"; Thence North 370 09, 46" west, along the prolongation
Southeasterly of the Northeasterly boundary of said Lot 47, for a distance of 208
feet, more or less, to the High water line of Biscayne Bay; Thence Southwesterly,
meandering the High water line of Biscayne Bay and along the southeasterly
boundary of said Lot 47 for a distance of 100 feet, more or less, to the
intersection thereof with the southwesterly boundary of said Lot 47; Thence South
37. 09, 46" East, along the prolongation southeasterly of the southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or lees to the Point of
Beginning.
i
� r
OF SZPO389
ES9IB7 B-
1. Purchase money first mortgage of even date herewith executed
by Grantee in favor of Faciendo, Inc., a Florida corporation,
and H S R Developments, a Florida General Partnership, in the
principal amount of $6,400,000.00.
2. Rights, if any, of the public to use as a public beach or
recreational area any part of the said land lying between the
body of water abutting subject property and the natural line
of vegetation, bluff, extreme high water line or other
apparent boundary separating the publicly used area from the
upland private area.
3. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23497 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167566 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
4. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23496 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167565 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
5. Rights of the State of Florida, the County of Dade and any
municipality in which the land is located to control the
waters which lie above the submerged land, and the rights of
the public to use said waters for proper and legal purposes.
6. Rights and easements of the United States government for
commerce, navigation, recreation and fisheries in and to any
portion of said land which has been created by artificial
means or accreted to any portions so created, and riparian
rights, if any.
7. All matters shown on survey no. 931010 prepared by Consul -Tech
Engineering, Inc., dated November 9, 1993.
�eeaaeo n� mr'cu< <1CC)W% � +
a o.a cou.+n, noK10A
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µppyEY $UVIN ,"
utu cucue ccon��,,������jj
\W*1\R ar.\eors=\CNC\nocs\srn.sm
15152f M3%
REC.
RETURN T0:
Name:
LEOPOLD i LEOPOLD, P.A.
Address:
20801 Biscayne Boulevard
suite 501
North Miami Beach, FL 33180
THIS INSTRUNIXT
PREPARED BY:
Name:
Norman Leopold, Esquire
LEOPOLD i LEOPOLD, P.A.
Address:
20801 Biscayne Boulevard
suite 501
North Miami Beach, FL 33180
Folio Number : 01 41390012380
Grantee's SS#: _
93R592235 1"3 DEC 02 M3
DOCSTPHE 17r 100.00 SURTX 124M.01
HARYU RUYINr CLERK DADE COUNTY► Fl
SPECIAL WARRANTY DEED
THIS SPECIAL %xRRSNTy DEED, made the 9 3 day of November, 1993, by
FACIENDO, INC., a Florida corporation, hereinafter called Grantor, to SM BRICK'r•r.
LIMITED PARTNERSHIP, a Florida limited partnership, whose post office address is
701 Brickell Avenue, Suite 3150, Miami, FL 33131, hereinafter called Grantee:
(wherever used herein, the terms "Grantor" and "Grantee" include all parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
NITNESSETH, That Grantor, for and in consideration of the sum of $10.00 and
other valuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Grantee, its heirs and assigns forever, all that certain land situate, lying and
being in Dade County, Florida, viz:
All of its undivided twenty-five percent (25%) interest in and to
the following described property:
SEE E=N]SIT `A, ATTACBRD HERETO
SUBJECT TO: Taxes for the year 1994 and subsequent years; zoning
ordinances of the applicable governmental authorities and those matters set forth
on Ezhibit •BI attached hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized
of said land in fee simple; that Grantor has good right and lawful authority to
sell and convey said land; that Grantor hereby warrants the title to said land
and will defend the same against the lawful claims of all persons lawfully
claiming by, through and under Grantor but against none other.
IN WITNESS tiMMOF, Grantor has signed and sealed these presents the day
and year first above written.
FAWEV60, INC., 9 Flo corporation
TP eeYdesnau+xn
name Iness ess: 1221 Bric a AV nue
Miami, FL 33131
C" ��
(CORPORATE SEAL)
Print name of witness
COUNTRY OF CANADA ...„
PROVINCE OF ONTARIO �d
a -foregoing instrument was acknowledged before me this Z1 day ��
,�1993, by JOSEPH BERMAN, as Pres`ifient of FACIENDO, INC. , a F1
on behalf of the corporation, ,rho is personally known to
• " ?rr�� :a~ .: '- � � xot
iron Public \ r s+t yxp
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EXHIBI
Lots 47, 48, 49, and 50, in Block "B" of MARY AND WILLIAM BRICKELL's subdivision;
according to the plat thereof, as recorded in Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, also known as:
Lots 47, 48, 49, and 50, in Block "B" as shown on FLAGLER MRS. MARY BRICXELLIS
RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS; according to
the plat thereof, as recorded in Plat Book 5, at Page 44 of the Public Records
of Dade County, Florida,
AND;
The submerged land in Biscayne Bay lying Southeasterly of Lots 47, 48, 49, and
50, in Block "B" of MARY AND WILLIAM BRICRELL SUBDIVISION; as recorded in Plat
Book "B", at Page 96, of the Public Records of Dade County, Florida, more
particularly described as follows:
CoMMenCe at the Northwest corner of section 40, Township 54 South, Range 41 East,
thence North 88. 12. 14" East, along. the North line of the said Section 40, for
a distance of 4,733.70 feet to the intersection thereof with the southeasterly
Right of way line of Brickell Avenue as shown on the plat of FLAGLER, Plat Book
5, at Page 44, of the Public Records of Dade County, Florida; Thence North 52"
50. 14" East, along the Southeasterly Right of way line of Brickell Avenue as
shown on the said plat of Flagler and along the said Right of way line of
Brickell Avenue and along the Northwesterly line of Block "B" as shown on the
plat of MARY AND WILLIAM BRICRELL SUBDIVISION, Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, for a distance of 2,540.99 feet to the
most westerly corner of Lot 50, Block "B" of the said MARY AND WILLIAM BRICRELL
SUBDIVISION; Thence South 37" 09. 46" East, along the Southwesterly boundary of
said Lot 50 and it's prolongation Southeasterly for a distance of 683.78 feet to
the intersection thereof with the Dade county bulkhead line as recorded in Plat
Book 74, at Page 3, of the Public Records of Dade County, Florida, and the Point
of Beginning of the tract of submerged land herein described; thence North 56°
541 11" East along the said bulkhead line, for a distance of 300.696 feet to
intersection thereof with the prolongation Southeasterly of the Northeasterly
boundarylline of Lot 48 of the said Block "B"; Thence North 37°09.46" west, along
the prolongation Southeasterly of the Northeasterly boundary of said Lot 48, for
a distance of 208 feet, more or less, to the High water line of Biscayne Bay;
Thence Southwesterly, meandering the High water line of Biscayne Bay and along
the Southeasterly boundary of Lots 48, 49, and 50 of said Block "B" for a
distance 335 feet, more or less, to the intersection thereof with the
Southwesterly boundary of said Lot 50; Thence South 37° 09, 46" East, along the
prolongation Southeasterly of the southwesterly boundary of said Lot 50 for a
distance of 207 feet, more or less, to the Point of Beginning;
AND;
commence at the Northwest corner of said section 40; Thence North 88' 121 14"
East, along the North line of the said Section 40 for a distance of 4,733.70 feet
to the intersection thereof with the southeasterly Right of way line of Brickell
Avenue as shown on the plat of FLAGLER, Plat Book 5, at Page 44 of the Public
Records of Dade County, Florida; Thence North 52° 50, 14" East, along the
Southeasterly Right of Way line of Brickell Avenue as shown on the said plat of
FLAGLER and along the said Right of way line of Brickell Avenue and along the
Northwesterly line of Block "B" as shown on the plat of MARY AND WILLIAM BRICRELL
SUBDIVISION, Plat Book "B" at Page 96 of the Public Records of Dade County,
Florida, for a distance of 2,840.93 feet to the most westerly corner of Lot 47,
Block "B" of the said MARY AND WILLIAM BRICKELL SUBDIVISION; Thence South 37° 091
46" East, along the southwesterly boundary of the said Lot 47 and its
prolongation southeasterly for a distance of 704.18 feet to the intersection
thereof with the Dade County bulkhead line as recorded in Plat Book 74, at Page
3 of the Public Records of Dade County, Florida and the Point of Beginning of the
Tract of submerge land herein described; Thence North 56° 541 11" East, along the
said bulkhead line, for a distance of 100.232 feet to the intersection thereof
with the prolongation southeasterly of the Northeasterly boundary line of Lot 47
of said Block "B"; Thence North 371 09, 46" west, along the prolongation
Southeasterly of the Northeasterly boundary of said Lot 47, for a distance of 208
feet, more or less, to the High water line of Biscayne Bay; Thence Southwesterly,
meandering the High water line of Biscayne Bay and along the southeasterly
boundary of said Lot 47 for a distance of 100 feet, more or less, to the
intersection thereof with the southwesterly boundary of said Lot 47; Thence South
37" 09. 46" East, along the prolongation Southeasterly of the Southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or less to the Point of
Beginning.
U 1 J(_ UJ�(
EXHIBIT "B"
1. Purchase money first mortgage of even date herewith executed
by Grantee in favor of Faciendo, Inc., a Florida corporation,
and H 6 R Developments, a Florida General Partnership, in the
principal amount of $6,400,000.00.
2. Rights, if any, of the public to use as a public beach or
recreational area any part of the said land lying between the
body of water abutting subject property and the natural line
of vegetation, bluff, extreme high water line or other
apparent boundary separating the publicly used area from the
upland private area.
3. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23407 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167566 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
4. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23496 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167565 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes:
5. Rights of the State of Florida, the County of Dade and any
municipality in which the land is located to control the
waters which lie above the submerged land, and the rights of
the public to use said waters for proper and legal purposes.
6. Rights and easements of the United States government for
commerce, navigation, recreation and fisheries in and to any
portion of said land which has been created by artificial
means or accreted to any portions so created, and riparian
rights, if any.
7. All matters shown on survey no. 931010 prepared by Consul -Tech
Engineering, Inc., dated November 9, 1993.
MCOrotD IN OP►IVAL RKOWt6Obt
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93R592236 W3 DEC 02 1V3
REYII TO:
Name: ADORNO 4 ZEDER, P.A.
Address: 2601 South Sayshore Drive
suite 1600
Miami, FL 33131
THIS INSTRDlp3W PREPARED BTr
Name: Norman Leopold, Esquire
LEOPOLD i LEOPOLD, P.A.
Address: 20801 Biscayne Boulevard
Suite 501
North Miami Beach, PL 33180
DOCSTPDEE 34r200.00 S" 25►650.(
HARVEY RIFVIN. CLERK DADE COLOTY+ F
Polio Number : 01 41390012380
Grant" a ss#:
MWEAL WA88ANTY DEED
=xs spg=&L mapA1TY DEED, made the ZA day of November, 1993, by
RESIDENTIAL DEVELOPMENTS, INC., a Florida corporation, hereinafter called
Grantor, to SM BRICXELL LIMITED PARTNERSHIP, a Florida limited partnership, whose
post office address is 701 arickell Avenue, Suite 3150, Miami, FL 33131,
hereinafter called Grantee:
(wherever used herein, the terms 'Grantoe and "Grantee" include aH parties to this
iastrsmient and the heirs, legal representatives and assigns of individuals, and the
MxZesaors and asww of corporations)
WITUSSSETH, That Grantor, for and in consideration of the sum of $10.00 and
other valuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Grantee, its heirs and assigns forever, all that certain land situate, lying and
being in Dade county, Florida, viz:
All of its undivided fifty percent (50%) interest in and to the
following described property:
Sax EZHZBIT "A" ATTACHED HERCTO
SUBJECT To: Taxes for the year 1993 and subsequent years; zoning
ordinances of the applicable governmental authorities and those matters set forth
on Exhibit "B" attached hereto and made a part hereof.
ToG6TWM with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized
of said land in fee simple; that Grantor has good right and lawful authority to
sell and convey said land; that Grantor hereby warrants the title to said land
and will defend the same against the lawful claims of all persons lawfully
claiming by, through and under Grantor but against none other.
Is wxTmzw umwW, Grantor has signed and sealed these presents the day
and year first abovgwritten.
Print name of witness
STATE OF NEW YORK
COUNTY OF NEW YORE
RESIDENTIAL DEVELOPMENTS, NC., a
Florid orporati
v. ( n
By = �X..
Nam= ra a er ,
Title: xecutive ice President "`"
Address: 237 Park Avenua' ,. , .... •. i i^<;
- New York NY 100tj .;.•,
(CORPORATE SEAL)
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The foregoing Ins at rs acknowledged be ore this .2 Lay of
November, 1993, by 7 1 i 4 , a. tier 112
of RESIDENTIAL DEVELOPMENTS, INC., a Florida cc ration, on behalf of the
corporation, who is personally known to_" -OR- produced
No. as identification.
Notary Public, State of New.Yprk,-
My commission expires: - r
Prixm name of notary public J
ANN MECt
NossY Pu61ie. Sus d New 1Mk ..
Na 31.479=1 1
OudNhd In Now Yort 9C�YG1�
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EXHIBI'
Lots 47, 48, 49, and 50, in Block "B" of MARY AND WILLIAM BRICXELT a subdivision;
according to the plat thereof, as recorded in Plat Book "B at Page 96, of the
Public Records of Dade County, Florida, also known as:
Lots 47, 48, 49, and 50, in Block "B" as shown on FLAGLER MRS. MARY BRICRELL'8
RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS; according to
the plat thereof, as recorded in Plat Book 5, at Page 44 of the Public Records
of Dade County, Florida,
AND;
The submerged land in Biscayne Say lying southeasterly of Lots 47, 48, 49, and
50, in Block "B" of MARY AND WILLIAM BRICKELL SUBDIVISION; as recorded in Plat
Book "B", at Page 96, of the Public Records of Dade County, Florida, more
particularly described as follows:
Commence at the Northwest corner of section 40, Township 54 South, Range 41 East,
thence North 88° 12, 14" East, along the North line of the said section 40, for
a distance of 4,733.70 feet to the intersection thereof with the southeasterly
Right of way line of Brickell Avenue as shown on the plat of FLAGLER, Plat Book
5, at Page 44, of the Public Records of Dade County, Florida; Thence North 52"
50. 14" East, along the Southeasterly Right of way line of Brickell Avenue as
shown on the said plat of Flagler and along the said Right of way line of
Brickell Avenue and along the Northwesterly line of Block "B" as shown on the
plat of MARY AND WILLIAM BRICXELT SUBDIVISION, Plat Book"B", at Page 96, of the
Public Records of Dade County, Florida, for a distance of 2,540.99 feet to the
most Westerly corner of Lot 50, Block "B" of the said MARY AND WILLIAM BRICRELL
SUBDIVISION; Thence South 37" 09. 46" East, along the Southwesterly boundary of
said Lot 50 and it,s prolongation Southeasterly for a distance of 683.78 feet to
the intersection thereof with the Dade County bulkhead line as recorded in Plat
Book 74, at Page 3, of the Public Records of Dade County, Florida, and the Point
of Beginning of the tract of submerged land herein described; thence North 56°
54. 11" East along the said bulkhead line, for a distance of 300.696 feet to
intersection thereof with the prolongation southeasterly of the Northeasterly
boundary line of Lot 48 of the said Block "B"; Thence North 37°09146" West, along
the prolongation Southeasterly of the Northeasterly boundary of said Lot 48, for
a distance of 208 feet, more or less, to the High water line of Biscayne Bay;
Thence Southwesterly, meandering the High Water line of Biscayne say and along
the Southeasterly boundary of Lots 48, 49, and 50 of said Block -8" for a
distance 335 feet, more or lose, to the intersection thereof with the
Southwesterly boundary of said Lot 50; Thence South 370 09, 46" East, along the
prolongation southeasterly of the Southwesterly boundary of said Lot 50 for a
distance of 207 feet, more or less, to the Point of Beginning;
AND;
Commence at the Northwest corner of said section 40; Thence North 88° 12' 14"
East, along the North line of the said Section 40 for a distance of 4,733.70 feet
to the intersection thereof with the Southeasterly Right of way line of Brickell
Avenue as shown on the plat of FLAGLER, Plat Book 5, at Page 44 of the Public
Records of Dade County, Florida; Thence North 52° 50, 14" East, along the
Southeasterly Right of way line of Brickell Avenue as shown on the said plat of
FLAGLER and along the said Right of way line of Brickell Avenue and along the
Northwesterly line of Block "B^ as shown on the plat of MARY AND WILLIAM BRICRELL
SUBDIVISION, Plat Book "B" at Page 96 of the Public Records of Dade county,
Florida, for a distance of 2,840.93 feet to the most westerly corner of Lot 47,
Block"B" of the said MARY AND WILLIAM BRICRELL SUBDIVISION; Thence South 37° 09,
46" East, along the southwesterly boundary of the said Lot 47 and its
prolongation southeasterly for a distance of 704.18 feet to the intersection
thereof with the Dade county bulkhead line as recorded in Plat Book 74, at Page
3 of the Public Records of Dade county, Florida and the Point of Beginning of the
Tract of submerge land herein described; Thence North 56" 54, 11" East, along the
said bulkhead line, for a distance of 100.232 feet to the intersection thereof
with the prolongation southeasterly of the Northeasterly boundary line of Lot 47
of said Block "B"; Thence North 37° 09• 46" West, along the prolongation
Southeasterly of the Northeasterly boundary of said Lot 47, for a distance of 208
feet, more or less, to the High water line of Biscayne Bay; Thence southwesterly,
meandering the High water line of Biscayne Say and along the Southeasterly
boundary of said Lot 47 for a distance of 100 feet, more or less, to the
intersection thereof with the Southwesterly boundary of said Lot 47; Thence south
37" 09' 46" East, along the prolongation Southeasterly of the Southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or less to the Point of
Beginning.
EXHIBIT 'B"
1. Purchase money first mortgage of even date herewith executed
by Grantee in favor of Faciendo, Inc., a Florida corporation,
and H & R Developments, a Florida General Partnership, in the
principal amount of $6,400,000.00.
2. Rights, if any, of the public to use as a public beach or
recreational area any part of the said land lying between the
body of water abutting subject property and the natural line
of vegetation, bluff, extreme high water line or other
apparent boundary separating the publicly used area from the
upland private area.
3. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement- Fund of the State of Florida
contained in deed No. 23497 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167566 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270..11(2), Florida Statutes.
4. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23496 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167565 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
5. Rights of the State of Florida, the County of Dade and any
municipality in which the land is located to control the
waters which lie above the submerged land, and the rights of
the public to use said waters for proper and legal purposes.
6. Rights and easements of the United States government for
commerce, navigation, recreation and fisheries in and to any
portion of said land which has been created by artificial
means or accreted to any portions so created, and riparian
rights, if any.
7. All matters shown on survey no. 931010 prepared by Consul -Tech
Engineering, Inc., dated November 9, 1993.
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Case Number: 1998-0090 02-Mar-98 Item No: 11
Location:
Legal:
Applicant:
1643 Brickell Avenue
(Complete legal description on file with the Office of Hearing Boards)
S.M. Brickell Limited Partnership Adrienne Friesner Pardo, Esq.
701 Brickell Avenue 1221 Brickell Avenue
Miami, FL 33131 Miami, FL 33131
App. Ph: (305) 372-0550 Rep. Ph: (305) 579-0683 ext
Rep. Fa ext
Zoning: R-4 Multifamliy High -Density Residential
Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Article 9, Section 924.1.3, Limitations on location and extension of
docks and piers in residential districts; limitations on location and character of
vessels docked or moored, to allow the following separation of dock from the
property lines extending into the bay: on the NE side property line proposed 10'-0"
(80' required) and on the SW side property line proposed 10'-0" (78'-0" required).
Recommendations:
Planning and Development: Approval
Public Works: No comments.
Plat and Street Committee: N/A
Dade County Transportation:
Enforcement History, If any C.E.B. Case No: NIA Last Hearing Date:
Found: N/A
Violation(s) Cited: Failure to maintain a building or structure in a safe condition and all devices
or safeguard in good working order. New elevator, no permit.
Ticketing Action: Complaint #9720560; Ticket warning letter sent on 12/16/97. Complied on
2/12/98; Complaint closed.
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on: 12/16/1997
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History:
Analysis: Please see attached.
ZONING FACT SHEET
Case Number: 1998-0090 02-Mar-98 Item No: 11
Zoning Board Resolution No: ZB 1998-0032
Zoning Board: Approval Vote: 7-0
Appellant: Hylan B. Booker
Analysis for Variances
SANTA MARIA MARINA PROJECT
located at
1643 Brickell Avenue
CASE NO: 1998-0090
The requested Variances are a component of a proposed Marina Project for the existing
Santa Maria Residential Development to be located at 1643 Brickell Avenue (see
attached legal description, location maps and aerial photographs for exact property
boundaries).
Pursuant to Article 9, Section 924.1.3 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to
permit docks with the following separation from side property lines:
Separation from NE side property line: allowed: 80 feet
proposed: 10 feet
Separation from SW side property line: required: 78 feet
proposed: 10 feet
In determining the appropriateness of the Variances for the proposed residential
project the following findings have been made:
• It is found that the proposed Marina project will benefit the existing Santa Maria
Development by allowing residents of the project to dock boats on -site; this in turn
benefits the area by providing a high density residential project with Marina
capabilities to attract new residents to the area,
• It is found that the subject has a substantial hardship which limits reasonable use of
the waterfront property for Marina and dock purposes; said hardship is specifically
the existence of an Aquatic Preserve area with sensitive seagrasses which must be
preserved; a reasonable marina use of any kind would be impossible without the grant
of the variances requested herein.
• It is found that the subject of the accompanying Special Exceptions, specifically a
Marina Use at an existing residential development and the extension of a dock beyond
35 feet into Biscayne Bay, for the proposed project is completely within the scope and
character of the project given that it is a high density residential project to be located
along a significant parcel along Biscayne Bay and the South Brickell Avenue
corridor.
• It is found that the proposed extension will enable the applicant to comply with
regulations to preserve the existing seagrasses in the Aquatic Preserve Area adjacent
to the shoreline of the Santa Maria Project.
• It is found that the side separation variances being requested are the minimum
variances required in order to develop the proposed Marina.
• It is found that the proposed project offers the most reasonable solution to the design
problem facing this particular site.
Based on these findings, the Department of Planning and Development is
recommending approval of the requested variances as presented.
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Booker Enterprises
1627 Brickell Avenue #601 • Miami, Florida 33129
(305) 860-0419 • Phone/Fax: (305) 856-0344
Teresita Fernandez,
Chief of Notice of Hearings
444 SW Second Avenue
Miami, Florida 33131
March 17, 1998
Dear Ms. Fernandez:
This letter will certify that I, Hylan B. Booker, owner of apartment 601 at The Imperial
Condominium at 1627 Brickell Avenue, hereby appeal the Zoning Board's decision made
on March 2nd, 1998, regarding 1643 Santa Maria variance application to allow for an
expanded marina.
My reasons are:
1. Pollution. Large boats in a small area will create noise. They will also discharge oil
and create fumes that will foul the water and the air. Refuse of all sorts from the boats will
create a visual and sensorial blight to the environment. This common area is where we all
swim, play tennis, barbecue for our families and friends and generally use as our place in
the sun.
2. The view. The ability to look at Biscayne Bay and Rickenbacker Causeway was a key
element in the attractiveness of The Imperial when we elected to buy here. The marina as
expanded will interfere with the tranquil, beautiful scene we have come to love in a major
way.
3. Property values. If the primary reason many of us bought our apartments in the first
place is destroyed, it is unlikely that our homes will find enthusiastic buyers without a
beautiful, serene view along with the peace and quiet in our recreation areas that we have
enjoyed. In other words, the Santa Maria property values will be enhanced directly at the
expense of The Imperial Condominium apartments.
Please advise.
Sincere ,
Hylan B. Boo er
Miami Zoning Board
Resolution: ZB 1998-0032
Monday, March 02, 1998
Mr. Tucker Gibbs offered the following Resolution and move
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO.
11000, THE ZONING BOARD GRANTED THE VARIANCES FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.1.3,
LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL
DISTRICTS; LIMITATIONS ON LOCATION AND CHARACTERS OF VESSELS DOCKED OR
MOORED, TO ALLOW THE FOLLOWING SEPARATION OF DOCKS FROM THE PROPERTY LINES
EXTENDING INTO THE BAY; ON THE NE SIDE PROPERTY LINE PROPOSED 10'-0" (80'-0"
REQUIRED) AND ON THE SW SIDE PROPERTY LINE PROPOSED 10'-0" (78'4" REQUIRED) FOR
THE PROPERTY LOCATED AT 1643 BRICKELL AVENUE LEGALLY DESCRIBED AS EXHIBIT "A"
HEREBY ATTACHED; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. THESE
VARIANCES WERE GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Ms. Ileana Hernandez -Acosta,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Yes
Mr. Tucker Gibbs
Yes
Ms. Ileana Hernandez -Acosta
Yes
Ms. Christine Morales
Away
Mr. Osvaldo Moran-Ribeaux
Yes
Mr. Paris A. Obregon
Yes
Mr. Juvenal Pina
Yes
Ms. Fernandez: Motion carries 7-0
AYE: 7
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 1
, � "- z L e�;�
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1998-0090 Item Nbr I
LECAL DESCRIPTIONS,
LOTS 47, 41 44 AND SO. IN BLOCK 'S' OF HART AND WILLIAM BRICKELL'S SUBDIVISION,
ACCORDING TS THE PLAT THEREOF. AS RECORDED IN PLAT BOOK -M-. AT PAGE 96. OF TmE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO KNOWN ASO
LOTS 47. 41. 49 NO SO IN BLOCK -5- AS SHOWN ON FLACLER INS. VARY SRICKELL-5 R-E_
SUBOIVISION OF CART OF POLLT LEWIS AND JONATHAN LEWIS DOKATION51 ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK S. AT PAGE 44. OF THE PUBLIC RECCHRDS OF OAof
COUNTY. FLORIDA'
THE SLW*RGEO LAND IN BISCATNE SAY LYING SOUTHHEASTERI.T OF LOTS 47. 45. 42 AND SO.
IN BLOCK "S' OF WRY AND WILLIAM BRICKELL SUBDIVISION, AS RECORDED IN PLAT BOOK -e-.
AT PAGE 96. OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. YORE PARTICULARLY OESCRISW
AS FOLLOWS.
COWF.NCE AT THE NORTKWEST CORNER OF SECTION 40 TOWNSHIP 54 SOUTH, RANGE 41 EAST
THENCE NORTH 11412'14' EAST ALONG THE NORTH LINE OF THE SAID SECTION 40. FOR A
DISTANCE OF 4.t]3.70 FEET 10 THE INTERSECTION THEREOF WITHH THE SOUTHEASTERLY
RIGHT -OF -SAY LINE OF BRICKELL AVENUE AS SHOOK ON THE PLAT OF FLACLER. PLAT BOOK S AT
PACE 44 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIOAN THHEWX NHORTN 52-50.14- EASY,
ALONG THE SOUTHEASTERLY RIGHT -OF -SAY LINE OF DIIICKELL AVENUE AS STHom ON THE SAID PLAT
OF FLAGLER AND ALONG THE SAID RIGHT-OF-WAY LINE OF ORICKELL AVENUE AM ALONG THE
NORTHHWESTERLY LINE OF BLOCK '8- AS SHOVIN ON THE PLAT OF WART AM WILLIAiU BRICKELL
F�AVDISTANCE OF 2.S40 " FEETPACE 96 TO THE �T WESHE �IT CORNER OF LOCOM OF OTOSO. BLOCK -- FLORIDA.F
THE SAID VERY AND WILLIAM SRICKELL SWIVISIONT THENCE SOUTH 37909'46' EAST. ALONG
THE SOUTHHIEST'ERLT BOUNDARY OF SAID LOT SO AND IT'S PROLONGATION SOUTHEASTERLY FOR A
DISTANCE OF 693.71 FEET TO THE INTERSECTION THEREOF WITH THE DADE COUNTY BULKHEAD
LINE AS RECORDED 1N PLAT BOOR 74. AT PACE 3 OF THE PUBLIC RECORDS OF DADE COUNTY
FLORIDA 00 THE POINT OF SEG 11WHI NC OF THE TRACT OF SUBEERGED LAUD HEREIN OE SCR I R O I
THENCE NORTH 54-S4'II' EAST. ALONG THE SAID OULKIHEJ►D LINE, FOR A DISTANCE OF 300.6%
FEET TO THE INTERSECTION THEREOF WITH THE PROILONGATI011 SOUTWAST'ERL.Y OF THE
NOR THEASTEERL T T LINE OF LOT 44 OF THE SAID W"7 'H3'T THIS NORTH T7.09.4fi -
WEST ALONG �ONGATIOM SOUTHEASTERLY OF THE NORTHEASTfh.Y BOtU1r0ARY OF SAID
LOT h. FOR A (STANCE OF 201 FEET. MORE OR LESS. TO THE NIGH VIAER LINE OF
e(SCAYNE BAY SOUTHWESTERLY hEANKR1NG THE HIGH WATER LINE OF BISCAYNE SAY
AND ALONG T4 SOUTHEASTERLY 80UROA�tY OF LOTS 41 43. 00 SO OF SAID BLOCK -g' ron
A DISTANCE 33S FEET, YORE OR LESS. TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY
BOUNDARY OF SAID LOT SOT THENCE SOUTH 37.0?'46' EAST. ALONG THE PROLONGATION SOUTHEASTERLY
OF THE SH31UTN ESTERLY BOUNDARY OF SAID LOT SO FOR A DISTANCE OF 207 FEET. YORE OR LESS.
TO THE POINT OF BECIHNINGT
Awa N
c.1AMttNCL AT THL RORTMWEST CORNER OF SAID SECTION 40o THENCE NORTH 11.12.14- EAST ALONG
THE NORTH LIME OF THE SAID SECTION 40 FOR A DISTANCE OF 4.733.To FEET TO THE INTiRSECTIOH
THEREOF WITH THE SOUTHEASTERLY RIGHT-OF-WAT LIME OF BRICKELL AVENUE AS SNOWN ON THE PLAT
OF FLAGLER, PLAT BOOR S. AT PAGE 44 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIOAT THENCE
NWTM SIN-SO'14EAST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SRICKELL AVENUE AS SHOO+
ON THE SAID PLAT OF hAGLER AND ALONG THE SAID RIGHT -OF -SAY LINE OF BRICkELL AVENUE AN+O
ALONG THE WORTH IESTEALY LINE OF BLOCK 'S' AS S"OWIN ON THE PLAT OF MARL AM WILLIAM SR(CKELL
SUS0IYISION, PLAT BOOK ' AT PAGE 96 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA, FOR A
DISTANCE OF 2 940.13 FEET TO THE MOST WESTERLY CORNEA OF LOT 47 BLOCK 'B' OF THE SA10 11ART
AND WILLIAM MICKEL.L SUSOIVISIONT THENCE SOUTH 37009'416' EAST. ILO . THE SGUTWOESTERLY
BOUNDARY OF THE SAID LOT 41 AND ITS PROLONGATION SOUTHEASTERLY FOR A OISTANCE OF 704.11
FEET TO THE INTERSECTION THEREOF WITH THE DAM COUNTY BULKHEAD LINE AS RECORDED IN PLAT BOOR
74 AT PACE 3 OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA AMD THE POINT OF BEGINNING. OF
T4- TRACT OF S SWER6E AND HEREIN DESCRIBED TUNENCi NORTH S6'S4.11 - EAST. ALONG THE SAID
BULKHEAD LINE FOR A 0� TANCE OF 100-232 FE T TO THE INTERSECTION THEREOF WITH THE
NG PROLOATION tOUTHHEASTE T OF THE 14ATKASIIRUN
LT BOUNDARY LINE OF L07 47 OF SAID BLOCK -5-,
THENCE NORTH 31.09'4t' ST. ALONG THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY
BOUNDARY OF SAID LOT 4T. FOR A OISTANC£ OF 201 FEET. MORE OR LESS. TO THE HIGH WATER LINE
OF BISCAYITE eATI THENCE SOUTHWESTERLY. MEANDERING THE HIGH WATER LINE OF SISCAYNE SAY AMD
ALONG THIS SOUTHEASTERLY BOUNDARY OF SAID L07 41 FOR A DISTA60CE OF 100 fEET. WORE OR LESS.
TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY e0UNOARY OF SAID LOT 41T THENCE SOUTH
37.09'46' EAST ALONG THE PROLONGATION SOUTHEASTERLY OF THE SOUTHEASTERLT BOUNDARY Of SAID
LOT 41 FOR A DISTANCE OF 206 FEE1. MORE OR LESS TO THE POINT OF 8ECINNING.
CONTAININC 6.4 ACRES 1UORE OR LESS INCLUDING THE StU616ERGEO LAND% AND 4.5 ACRES MORE CIA LESS
EXCLUOINC THE SUSYERCED LAND.
NOTESt
1. DEARINGS SHOW HEREON AAE BASED ON THE THE EASTERLY RIGHT -OF -RAT
LI►E OF OAICXELL AVENUE. HAVING A 6EAAtK OF NORrh 52.50-14- EAST-
Z. ELEVATIONS S► 09N HEREON ARE 1SASEO ON THE CITY OF Ht AI,II OATuhL
]. SF TdAU11�
FRCNf SETBACIL 00.00 FEET FOR ASO'VEGROUNO STRUCTUA£S.
S1OE SETRACX 10.00 FEET ON BASE BUILDING.
.. PORTIONS OF LOT 4 F ARE SUE ./E C T TO A OE CZ ATHA r 1 ON OF RESTRICTIVE
CaW%AmTS AS AECOROEO IN THE OFFICIAL A£coFtDs eooK i6slo.
RACK 3063 EXHIBIT -A-. DADE COUNTY. RECOROS.
S. TURINA A!O SLIPS 00 NOT EXIST. IF CONSTRUCTED U RIMA SLIPS
TILL BE LINIT'ED COMAON ELEIEHTS. ALL OTHER "AINA IMRROVFW NTS
WILL CE CO"M ELEIENTS.
EXHIBIT "A"
EXHIBIT "A"
continued
Folio # O1-4139-001-2370
01-139-001-2390
01-4139-001-2360
01-4139-001-2380
ZONING BOARD ACTION ON PETITION FOR VARIANCE
MOTION: I that t -quest on agenda it �� be
(de. _3d) granted that the requirements of
Section 1 (were not) satisfied by
relevant evidence in the record of the public
hearing.
a) as stated in the City's finds of fact, or
demonstrated by the petitioner, or
c) on the basis of the followings
The Zoning Board shall make findings that all of the requirements
and standards of Section 1903.1 (have been) (have not been)
demonstrtated.
CHECK ONE a) Special conditions and circumstances (exist) (do
OF RACE- not exist) which are peculiar to the land,
STATEMENT structure or building involved and which are not
applicable to other lands, structures, or
buildings in the same zoning district.
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
b) The special conditions and circumstances (do) (do
not) result from the actions of the petitioner:
_ 1) as stated in the City's findings of fact
_ 2) as demonstrated by the petitioner
i
3) as otherwise stated below:
c) Literal interpretation of the provisions of the
zoning ordinance (would) (would not) deprive the.
applicant of rights commonly enjoyed by other'
properties in the same zoning district under the
terms of the zoning ordinance. and. work
unnecessary and undue hardships on the
petitioner:
_ 1) as stated ih the City's findings of fact
_ 2) as demonstrated by the petitioner
3) as otherwise stated below:
d? Granting the variance requested (will) ;will act)
convey the same treatment the individual
owner as to the owner of othe Inds, buildings,
or structures in the same zon_ , district.
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below
e) Granting the variance requested (will) (will not)
convey the same treatment, any special privilege
that is denied by the zoning ordinance to other
lands, buildings or structures in the same zoning
district.
f) If granted the variance (will be) (will not be)
in harmony with the general intent and purpose of
the zoning ordinance, and will not be injurious
to the neighborhood, or otherwise detrimental to
the public welfare:
1) as stated in the City's findings of fact -
2) (as demonstrated by the petitioner
3) as otherwise stated below:
signature
j- L- 1
Date
V,ll
Item -
11
CITY OF MIANC
t uur 114TI0
* OFFICE OF HEARING BOARDS
APPLICATION FOR VARIANCE
»»»»»»»»»»»»»»»»»**»»»*»»»»»»rrsr�«rrrr«»rr«rrssrrrrrrrrrrsrsrrsrrrrrrrs«rrrrrr+»»»r»rrr»»*rr»»«
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, 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 (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
»r»«r»»«r»rrr»»r««rs«»rr»«srr««sr«rrsssrssrsrssssssssssasasssssssssssssssssssrsrr««s«rrr«»»«r«r«
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to
the public interest and where owing to conditions peculiar to the property and not the result of actions of
the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on
the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of
structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see
Article 19 of the Zoning Ordinance).
Adrienne F. Pardo on behalf of S.M. Brickell Limited Partnership
I, , hereby petition the City of Miami Zoning Board for
a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at
1643 Brickell Avenue ,folio number
S e P Attached Exhibit "All as specified below.
In support of this application, the following material is submitted.
X 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one
year from the date of application.
2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
x 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest form
(attached to application).
X 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered
by the application.
X 5. At least two photographs that show the entire property (land and improvements).
X 6. Recorded warranty de -ind tax forms for the most current year a ble that show the present owner(s) of
the property.
X 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this -
application).
Permit to construct waterfront improvements No. 720 issued
1/6/98, Department of the Army Permit No: 199403654 (IP-CB),
X State of Florida Department of Environmental Protection er1M4 999.
8. Fee of $ 6 , 2 10. 0 0 to apply toward the cost of processing, according to Section 42-156 of the
Zoning Ordinance:
CS, PR, R-1, R-2, (single-family and duplex residential uses)......................$250.00
Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot...............................................................................$ 45.00
Minimum........................................................................................................$700.00
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor irea of the proposed structure or addition, based upon the
definition of gross floor area found in Section 2502 of Zoning
Ordinance, as amended..................................................................................$ .10
Minimum........................................................................................................$650.00
Application for Variance as a result of a change in approved plans or as a result of
a violation notice shall be charged an additional fee, per Variance:
CS, Pit, R-1, R-2...........................................................................................$250.00
All other residential districts.........................................................................$450.00
All nonresidential districts............................................................................$550.00
Extension of time for Variance.....................................................................$500.00
Public hearing mail notice fees, including cost of handling and
mailingper notice.........................................................................................$ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (900.00), except from agencies of the City; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property
X 9. The Variance request is for relief from the provisions of Section 9 2 4 _ t _ I of the City of Miami
Zoning Ordinance as follows:
lS&A
x 10. In support of the appl; 'ion, the applicant is prepared to offer the )wing evidence, on the point
enumerated at Sectioi. ,03 of the City of Miami Zoning Ordinance.
See attached Exhibit
Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed.
_ (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list
evidence to be produced and use additional sheets, if necessary.)
See attached Exhibit "1"
x (b) The special conditions and circumstances do not result from the actions of the petitioner in that:
See attached Exhibit "1"
x (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance
and would work unnecessary and undue hardships on the petitioner in that:
See attached Exhibit "1"
x (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the
Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that:
See attached Exhibit "1"
x (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land,
building or structure in that:
See attached Exhibit "1"
\ (�jtSS
.-40 r,
x (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinance,
and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
See attached Exhibit "1"
Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board
shall be submitted with this application.
Signature �- �L _ �,--C� `
Name Adrienne-F. Pardo, Esq.
Address 1221 Brickell Avenue
Miami, Floida 33131
Telephone (3 0 5) 5 10 - 0 6 8 3
Date 1 1-�
EXHIBIT 66
1"
VARIANCE JUSTIFICATIONS
10A. In support of the application, the applicant is prepared to offer the
following evidence, on the point enumerated at Subsection 1903.1 of the
City of Miami Zoning Ordinance.
Note: This application cannot be accepted for Zoning Board action unless
all of the following six items are completed.
(a) Special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same zoning district in that: (list
evidence to be produced and use additional sheets, if necessary.)
Side Setback variances for docks
The proposed marina will have a setback of ten (10) from both the northeast and
southwest sideyard property lines. Due to the distance of the docks from the
land outward into Biscayne Bay, Section 924.1.3 of the Zoning Ordinance,
requires a total 80 foot sideyard setback on the northeast and a 78 foot sideyard
setback on the southwest.
It is essential to have the docks extend at its furthest point, 210 feet from the
land outward into Biscayne Bay for the following reasons: 1) the first 90 feet
from which the dock extends from the land, is over protected Seagrass; and 2)
the shallow depth of the waters adjacent to the land requires that the boats can
not be docked for the first approximate 110 feet from the land, thus requiring the
docks to extend at the furthest point (210 feet) into Biscayne Bay. Dade County
requires that a minimum four (4) foot water level at low tide, be provided for the
docking of boats. The docks are to be located in the Biscayne Bay Aquatic
Preserve. The proposed docks are the most environmentally sound design,
since it does not require dredging.
For these reasons, the sideyard setback variances are being requested for the
proposed docks.
(b) The special conditions and circumstances do not result from the
actions of the petitioner in that:
The location of the Seagrasses and the depth of the waters does not result from
the Santa Maria's actions.
(c). Literal interpretation of the provisions of the Zoning Ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of the Zoning
Ordinance and would work unnecessary and undue hardships on the
petitioner in that:
The Santa Maria is only requesting approval by Special Exception for 19 slips.
In addition, unlike most properties within the State of Florida, the Santa Maria is
the owner of the submerged lands (not the State of Florida), and the proposed
docks are wholly located within the Santa Maria's property lines, so although the
Santa Maria is extending at the furthest point, 210 feet into the Bay, all
submerged lands under the docks are owned by the Santa Maria. The UTD
Tower directly adjacent on the southwest, has its bulkhead located at the end of
the furthest dock proposed by the Santa Maria. ,
(d) Granting the Variance requested will not confer on the petitioner any
special privilege that is denied by the Zoning Ordinance to other lands,
buildings, or structures in the same zoning district in that:
Due to the existence of the Seagrasses, the shallowness of the waters and the
ownership of the submerged lands, the Santa Maria is not receiving any special
privilege denied to others.
(e) The Variance, if granted, is the minimum Variance that will make
possible the reasonable use of the land, building, or structure in that:
In order to provide only the 19 slips, the ten (10) foot sideyard setbacks can not
be increased.
(f) The grant of the Variance will be in harmony with the general intent
and purpose of the Zoning Ordinance, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
Due to the docks being located wholly within the property boundary of the Santa
Maria, as well as providing the 10 foot setback, the docks are in harmony with
other docks located in Biscayne Bay for properties fronting Brickell Avenue.
Further, due to the location of the bulkhead to the adjacent southwest, the
proposed docks will not be adverse to the Bay.
M IAMI/PARD0A1922054Ijrgm0l !.DOC/ I /16/98
s
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
19 9 8 , by Adrienne F . Pardo, Esq. who ispersonalYy known to me or A.A.,he Ins
produced who did (did not) take an oath.
- t
Name:
Notary Public -State of F� to ICIAL NOTA SEAL
Commission No.: ; MARISOL R GONZALEZ
R OTARY PUBLIC STATE OF FLOF
My Commission Expires: COMMISSION No. CC403667
`Y COMMISSION EX?. SEPT 17.1
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
19 , by of
a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath. _ I
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 partner (or agent) on behalf of
a partnership. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, aff-.cting 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. i
Applicant's Signature
STATE OF FLORIDA Adrienne F. Pardo
COUNTY OF MIAMI-DADE -
The foregoing instrument was acknowledged before me this day of January
1998 .,by Adrienne F. Pardo of
a S. M. B r i c k e l l Limited Partnership corporation, on behalf of the corporation.
He/She is personally known to me or4m&1;redueed
and who did (did not) take an oath.
Name:
Notary Public-Stat
Commission N OFFICIAL NOTARY SEAL
MARISOL R GONZALEZ
My Commissio ?Pt1BLIC STATE OF FLORIDA
COMMISSION NO. CC403667
MY COMMISSION EXP. SEPT 171"S
ISCJ�I.m�
Y
Owner's Name
Mailing Address
OWNER'S LIST
S.M. Brickell Limited Partnership
701 Brickell cAvenue, Miami, Florida Zip Code 33131
Telephone Number (3 0 5) 3 7 2- 0 5 5 0
Legal Description:
Owner's Name
See attached Exhibit "A"
Mailing Address Zip Code.
Telephone Number
Legal Description:
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:
Street Address
None
Street Address
Street Address
Legal Description
Legal Description
Legal Description
„y.
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See Exhibit "A"
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.
See Exhibit "B"
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.
N/A
Owner or Attg=x*foLOwner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this f day of January
19 985by Adrienne F. Pardo of
a S.M. Bric e unite Partnership co oration onb h !f fth
He/She is personally known to me or ms-produce
and who did (did not) take an oath.
rp e a o e corporation.
as-ideAti&atioa
Name:
Notary Public -State of Florida "
Commission No.:
My Commission Expires:
OFFICIAL NOTARY SEAL
MARISOL R GONZALFZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC403667
1 MY COMMISSION EXP. SEPT 17,1998
IS U1
r..
LEGAL DESCRIPTIONS,
LOTS 47, 49 47 AND SO, IN 8LOCK 'B' OF IURY AND WILLIAM BRICKELL'S SUSOIV[SION,
ACCORDING Tb THE PLAT THEREOF. AS RECORDED IN PLAT 600K -a-. AT PAGE 96. OF TW
PUBLIC RECORDS OF DADE COUNTY. FLORIDA. ALSO KNOWN AS+
LOTS 41. 49. 49 AM �O IN BLOCK -5- AS SHOWN ON FLACLER LIRS. MARY BAICKECL'S RE-
SUBOIVISION OF PART OF P'OLLY LEWIS AND JONATHAN LEWIS OONATIMS1 ACCORDING TO THE
FLAT THEREOF AS RECORDED IN PLAT BOOK S. AT PACE 44. OF THE PUBLIC RECORDS OF DADE
COUNTY. FLORIDA'
AND
THE SUBMERGED LAND IN SISCATHE OAT LYING SOUTHEASTERLY OF LOTS 47. 49. 49 AtO S0.
IN BLOCK 'B- OF WRY AND WILLIAM BRICKELL SUBDIVISION[ AS RECORDED IN PLAT BOOK Le-.
AT PALE 96. OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. MORE PARTICULARLY CESCRIKO
AS FOLLOWTSo
C101661E CE AT THE MORTMKST CORNER OF SECTION 40 TOHRNSHIP 54 SOUT
THENCE NORTH ISO 12'14-EAST ALONG THE WORTH LINE OF THE SAID SE
DISTANCE OF 4. T]3.70 FEET f0 THE INTERSECTION THEREOF n TH THE
RIGHT -OF -RAY LINE OF BRICKELL AVENUE AS SHOWN ON THE PLAT OF FL.A
PACE 44 OF THE ►USLIC RECORDS OF DADE COUNTY. FLOR10A1 THENCE T40
ALONG THE SOUTHEASTERLY RIGHT -OF -RAY LINE OF BRICKELL AVENUE AS
OF FLAGLER AND ALONG THE SAID RICNT-OF-RAY LINE OF BRICKELL AWN
NORTHWESTERLY LINE OF BLOCK 'S' AS SHOMN ON THE PLAT OF WIRY AMC
SUBOIVIS.ION. PLAT BOOK 'B'. AT PAGE 96 OF THE PUBLIC RECORDS OF
FOR A DISTANCE OF 2.W.99 FEET TO THE MOST WESTERLY CORNER OF L
THE SAID PART AND WILLIAM SRICKELL SUSDIVISION1 THENCE SOUTH 379
THE SOUTHWESTERLY BOUNDARY W SA B LOT SO AND IT'S PROLONGATION
OISTAMCE OF 693.79 FEET TO THE INTERSECTION THEREOF WITH THE DAD
LINE AS RECORDED IN PLAT BOOK 14. AT PACE 3 OF THE PUBLIC RECORD
FLORIDA ARID THE POINT OF BEGINNING OF THE TRACT OF SuOkERGEO LAN
THENCE NORTH S66S4'II• EAST, ALONG THE SA10 OMKHEAO LIME. FOR A
FEET TO THE INTERSECTION THEREOF WITH THE PROLONGATION SOUTHEAST
NORTHEASTERLY AT LINE OF LOT 40 OF THE SAID BLOCK '8' THE
RANGE 41 EAST,
T1ON_40. FOR A
r
TEST ALONG LWSOUT"VESTERLY,
NGATION SOUTHEASTERLY OF THE NORTHEASTERLY SOUI
LOT it. FOR A'E OF 200 FEET. MORE OR LESS. TO THE HIGH HATER
O(SCA1'NE SAT MEANOERIMG THE HIGH RATER LINE
AND ALONG ;a SOUTHEASTERLY 90UPoWM OF LOOTS 49 43. AM 50 OF SA10
A DISTANCE 33S FEET. MORE OR_kESS. TO THE INTERUCT[ON THEREOF WITH
BOUNDARY OF SAID LOT SON THENCE SOUTH 37.0!'46' EAST. ALONG THE PR01
OF THE SOUTHWESTERLY BOUNDARY OF SAID LOT SO FOR A DISTANCE OF 207 1
TO THE POINT OF SEGIIMINGH
AND#
HEASTE7ILY
S2 sot14B- EAii,Ar
N ON THE SAID PLAT
NO ALONG THE
LIAM BRICKED.
COUNTY, FLORIDA.
0. BLOCK '9 - OF
6' EAST.. ALONG
HEASTERLY FOR
LINTY VXKKW-m A
DADE COUNTY
REIN OESCRIRO
TAN4CE OF 300.6�
OF -THE
NORTH 37009' 46 -
OART OF SAID
ME OF
FIBISCAYNE BAT
BLOCK "a, FOR
THE SOYTNWESTEALT
ONCATIOII SOUTHEASTI
EET. YORE OR LESS.
LziMcncf AS THL NORTHWEST CORWit OF SAID SECTION 40@ THENCE NORTH 89.12.14 - EAST ALONG
THE NORTH LINE OF THE SAID SECTION 40 FOR A DISTANCE OF 4.733.70 FEET TO THE INTERSECTION
THEREOF WI TN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF BRICKELL AVENUE AS SHOWN ON THE PLAT
OF FL Eft PLAT 600K S. AT PAGE 44 OF THE PUBLIC RECORDS OF OAOE COWNTT. FLORIOAH THENCE
NORTH S •Sb'I4- [AST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF BRICKELL AVENUE AS SHOWN
ON THE SAID PLAT OF hAGLER AND ALONG THE SAID RIGHT-OF-WAY LINE OF BRICKELL AVENUE AM
ALONG THE NORTHESTERLY LINE OF SLOCR 'B' AS SHOWN ON THE PLAT OF WRY AND WILLIAM ORICKELL
SUBDIVISION, PLAT BOOK ' AT PACE 96 OF THE PUBLIC REP' 'CC OF DADE COUNTY, FLORIDA FOR A
DISTANCE,OF 2 940.03 FEET TO THE POST WESTERLY CORNER OF LOT 47 BLOCK "0' OF THE 5l10 HART
AND WiLL1AM MICKELL SUBOIVISIONN THENCE SOUTH 37009.46- EAST. kONG THE SOUTHEIIESTERLY
BOUNDARY OF THE SAID LOT 4? AND ITS PROLONGATION SOUTHEASTERLY FOR A OISTANCE OF 704.10
FEET TO THE INTERSECTION THEREOF WITH THE DADE COUNTY BULKHEAD LINE AS RECOROEO IN PLAT GOOK
74 AT PAGE 3 OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA AND THE POINT OF BEGINNING OF
T4 TRACT OF SUBIrI;RGE k-W HEREIN DESCRIBED THEia NORTH S6-S4.11- EAST. ALONG THE SAID
BULKHEAD LINE FOR A DISTANCE OF 100.232 FE T TO THE INTERSECTION THEREOF WITH THE
PROLONGATION �OUTHNEASTE T 0 THE NOR[ THIEAst RL T BOUNDARY LINE OF LOT 47 OF SAID BLOCK 'B -4
THENCE NORTH 37•09'46- ST ALONG THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY
BOUNDARY OF SAID LOT 47. F0h A QI$TANCE OF 206 FEET, MORE OR LESS. TO THE HIGH WATER LINE
OF BTSCAYNE��op8AT THENCE pSOOUUTTIHWESTERLY. WANDERING THE HIGH RATER LINE OF BISCAYNE BAT AND
TO THE ONG INTERSEC ONE HEREOF WITH TARV HE SOUTLOT
HNWSTERLY 0OOUNDAARR� SAIDOLOTE41; THENCE SOUTHS.
3T009'46' EAST ALONG THE PROLONGATION SOUTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF SAID
LOT 4T FOR A DISTANCE OF 206 FEEL, YORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 6.4 ACRES MORE OR LESS INCLUDING THE SUl5WRGEO LAND: AND 4-S ACRES MORE OR LESS
EXCLUOINC THE SUSIERCED LAND.
NOTESs
+. BEARINGS SHOWN HEREON ARE BASED ON THE THE EASTERLY RIGMT-OF-WAT
LINE OF BAICRELL AVENUE. HAVING A SEARING OF NORTH 52'50'14' CAST-
Z. ELEVATIONS SHOMI HEREON ARE BASED ON THE CITY OF MIAMI OATUM.
1. SE TSACx .
FRONT TRACK - 80.00 FEET FOR AWKGROUNO STRUCTURES.
SHOE TRACK - J0.00 FEET ON EASE BUILDING.
�. PORTIONS OF LOT 4? ARE SUBJECT TO A DECLAMATION OF RESTRICTIVE
COWNANr!TS AS RECORDED IN THE OFFICIAL RECORDS BOOK 16S+0.
PACE 3063 EXHIBIT 'A'. DADE COUNTY. RECORDS.
S- MARINA AND SLIPS DO 0007 EXIST. 1F CONSTRUCTED MARINA SLIPS
HILL BE LIMITED CO44M ELEMENTS. ALL OTHER MARINA IWPROVEilEff7S
WILL BE COMMON ELEIENTS.
EX �E�' Art"
EXHIBIT "A"
continued
Folio # 01-4139-001-2370
01-139-001-2390
01-4139-001-2360
01-4139-001-2380
EXHIBIT "B"
S.M. Brickell Limited Partnership Partnership Interest Owners
Santa Maria Development, Inc. 1 % Ugo Colombo
General Partner 100%
Sama, Inc. 71 % Ugo Colombo
Limited Partner 100%
Andrea Zanussi (individual)
Limited Personal
Pentaco International Corp.
Limited Partner
College Health and Investment, L.P.
Limited Partner
MIAMI/MAVR/919778fjpp#01 !. DOC/1 /16/98
3% Andrea Zanussi
100%
10% Rege Trust
100%
Beneficiairies of Rege
Trust is Maurizio
Raggio
15% Samuel Burstyn
1%
College Health &
Investment Trust
(99%)
Beneficiaries of
College Health Trust
are Sean Burstyn,
Alana Burstyn and
Daniel Burstyn
r
I SG►� SS(�-�--
--R P
U 6 `
_. .... ..... •CMC GROUP GREENBERG TAURIG Z004
I✓
%. 7
STANLEY AXLROD UTD TOWERS, INC.
1809 Brickell Avenue - Miami, Florida 88129-1619
Phone. 305-854-0224
Fax: 305-854-0.275
TDD.- 805-854-4773
April 25, 1996
SM Brickell Limited Partnership
701 Brickell Avenue, Suite 3150
Miami., Florida 33131
Re: Santa Maria Marina
To Whom It May Concern:
The Stanley Axlrod UTD Towers (1809 Brickell Avenue) supports SM
Brickell in its application for Special Exception and applicable
County, State and Federal permittimg approvals for docks and boat
slips at or beyond the eastern portion of the submerged land at
Biscayne Bay.
SYLVL4 OTTO
Administrator
ALEX4NDRA PITA
Roau--fewer
MURRAY SISSELM"
Breslllerd
GENEVIEVE YARNOLD
Vice P°-eaident
PAT L. TORNILLO, JR
Secretary -Treasurer
DIRECTORS
Leola Adams
The Stanley Axlrod UTD Towers acknowledges that it has received
Surfo"d Beamw.n
a copy of the plans for the proposed docks prepared by Thomas Checca,
Aarmt Bethel
Magda BrooksAnn
P.E. and then revised on March 31 and identified as Jab Number 940342,
Colman
number 394D-!015-2 and has studied the impact thereof on
William Cotter
SM. The Stanley Axlrod UTD Towers agrees to support the future
Willia Cruse
application for the implementation and approval. It is understood
BHarris
Harris
that the number of docks will not exceed 24 and that no boats will
rr�u M
egias
be anchored that do not belong to the residents of SM condominium.
Isaac Mobley
Futhermore, no one will live aboard the boats for a period to exceed 5
phyllis Porter
days. With the restrictions just outlined above, we agree with
Daneen Regna
the building of the docks.
Ladies Rbdrig�z
-
Raquel Viamonte
Sincerel
Billie Sue Vogel
Murray sselman
President
MS/dg
Sponsored by United Teachers of Dade eS
iati. Srsselraarn, Pnecutlik`Vic I
A Commitment to Community Service Pat 1. Tornillo, l., ExecutEce Vic f
"REC. i b 15270386
RETURN TO:
Name: ADORNO & ZEDER, P.A.
Address: 2601 South Bayshore Drive
Suite 1600
Miami, FL 33131
THIS INSTRD16M PREPARED Bys
Name: Norman Leopold, Esquire
LEOPOLD & LEOPOLD, P.A.
Address: 20801 Biscayne Boulevard
Suite 501
North Miami Beach, FL 33180
Folio Number : 01 41390012380
Grantee's SS#:
SPECIAL WARRANTY DEED
93R592234 IM DEC 02 IV2
DOCSTPDEE 17r100.00 SURTX 12r825.01
HARVEY RUYINr CLERK DADE COUNTY, Fl
THIS SPECIAL wARRANTy DEED, made the S34 day of November,
1993, by H & R DEVELOPMENTS, a Florida General Partnership,
hereinafter called Grantor, to SM BRICRELL LIMITED PARTNERSHIP, a
Florida limited partnership, whose post office address is 701
arickell Avenue, Suite 3150, Miami, FL 33131, hereinafter called
Grantee:
(wherever used herein, the terms "Grantor` and 'Grantee" include all parties to this
instrument and the heirs, kcal representatives and assi&as of hxUviduaL% and the
successors and assign of corporations)
WITHESSETH, That Grantor, for and in consideration of the sum
of $10.00 and other valuable consideration, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto Grantee, its heirs and
assigns forever, all that certain land situate, -lying and being in
Dade County, Florida, viz:
All of its undivided twenty-five percent (25%) interest
in and to the following described property:
SEX EXMIT "A" ATTACHED HERETO
SUBJECT TOi Taxes for the year 1994 and subsequent years;
zoning ordinances of the applicable governmental authorities and
those matters set forth on Exhibit "B" attached hereto and made a
part hereof.
TOGETHER with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of said land in fee simple; that Grantor has good
right and lawful authority to sell and convey said land; that
Grantor hereby warrants the title to said land and will defend the
same against the lawful claims of all persons lawfully claiming by,
through and under Grantor but against none other.
IN WITNESS WHEREOF, Grantor has signed and sealed these
presents the day and year first above written.
Witnesses: H & R DEVELOPMENTS, a Florida
General Partnership
By: BATISE INVESTMENTS LIMITEP., Sn
Ontario, Canada corporWi�
General 4artner 1
EY: ar
Name s GEOWE HOPSTEPTEZh
Title: President F
Print name of witness Address: 3625 DufferinSV-,e$
Downsview, Ontario, CanaGta�iiii;jj�'4•`e�
_ 1
Page 1
\WORK\asu.\aorazaa\exc\Ooce\Mm.aaa
°FF.REC. 16152?c0387
( CORPORATE SEAL)
Print name of witness
COUNTRY OF CANADA
PROVINCE OF ONTARIO
The foregoing instrument was acknowledged before me this ?h-
day of November, 1993, by GEORGE HOFSTEDTER, as President of BATISE
INVESTMENTS LIMITED, an Ontario, Canada corporation, on behalf of
the corporation, as a General Partner of H & R DEVELOPMENTS, a
Florida General Partnership, who is personally k own to me -OR-
produced No.
as identification. f
Notaw Public
My commission expires: '`� • _`
MAV44
Print name of notary public
�woas�Rau.�aotsrse�c�c�cocs�sm.ar4
Page 2
M
EXHIBIT N"
Lots 47, 48, 49, and 50, in Block "B" of MARY AND WILLI•AM BRICXELL's subdivision;
according to the plat thereof, as recorded in Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, also known ass
Lots 47, 48, 49, and 50, in Block "a" as shown on FLAGLER MRS. MARY BRICREIS,-s
RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS; according to
the plat thereof, as recorded in Plat Book 5, at Page 44 of the Public Records
of Dade County, Florida,
AND;
The submerged land in Biscayne Bay lying southeasterly of Lots 47, 48, 49, and
50, in Block "B" of MARY AND WILLIAM BRICKELL SUBDIVISION; as recorded in Plat
Book "B", at Page 96, of the Public Records of Dade County, Florida, more
particularly described as follows:
Commence at the Northwest corner of Section 40, Township 54 south, Range 41 East,
thence North 88. 12. 14" East, along the North line of the said section 40, for
a distance of 4,733.70 feet to the intersection thereof with the Southeasterly
Right of way line of Brickell Avenue as shown on the plat of FLAGLER, Plat Book
5, at Page 44, of the Public Records of Dade County, Florida; Thence North 52"
50. 14" East, along the southeasterly Right of way line of Brickell Avenue as
shown on the said plat of Flagler and along the said Right of way line of
Brickell Avenue and along the Northwesterly line of Block "B" as shown on the
Plat of MARY AND WILLIAM BRICKELL SUBDIVISION, Plat Book "S", at Page 96, of the
Public Records of Dade County, Florida, for a distance of 2,540.99 feet to the
most westerly corner of Lot 50, Block "B" of the said MARY AND WILLIAM BRICKELL
SUBDIVISION; Thence South 37. 09. 46- East, along the Southwesterly boundary of
said Lot 50 and it,s prolongation southeasterly for a distance of 683.78 feet to
the intersection thereof with the Dade County bulkhead line as recorded in Plat
Book 74, at Page 3, of the Public Records of Dade County, Florida, and the Point
of Beginning of the tract of submerged land herein described; thence North 560
54. 11" East along the said bulkhead line, for a distance of 300.696 feet to
intersection thereof with the prolongation Southeasterly of the Northeasterly
boundary line of Lot 48 of the said Block "B"; Thence North 37°09,46" west, along
the prolongation southeasterly of the Northeasterly boundary of said Lot 48, for
a distance of 208 feet, more or less, to the High water line of Biscayne Bay;
Thence Southwesterly, meandering the High water line of Biscayne Bay and along
the southeasterly boundary of Lots 48, 49, and 50 of said Block "S" for a
distance 335 feet, more or less, to the intersection thereof with the
Southwesterly boundary of said Lot 50; Thence South 370 09, 46" East, along the
prolongation Southeasterly of the Southwesterly boundary of said Lot 50 for a
distance of 207 feet, more or less, to the Point of Beginning;
AND;
commence at the Northwest corner of said section 40; Thence North 88" 12, 14"
East, along the North line of the said section 40 for a distance of 4,733.70 feet
to the intersection thereof with the southeasterly Right of way line of Brickell
Avenue as shown on the plat of FLAGLER, Plat Book 5, at Page 44 of the Public
Records of Dade county, Florida; Thence North 52- 50, 14- East, along the
southeasterly Right of way line of Brickell Avenue as shown on the said plat of
FLAGLER and along the said Right of way line of Brickell Avenue and along the
Northwesterly line of Block "B" as shown on the plat of MARY AND WILLIAM BRICRELL
SUBDIVISION, Plat Book "B" at Page 96 of the Public Records of Dade County,
Florida, for a distance of 2,840.93 feet to the most Westerly corner of Lot 47,
Block•"B- of the said MARY AND WILLIAM BRICKELL SUBDIVISION; Thence south 37" 09,
46" East, along the Southwesterly boundary of the said Lot 47 and its
prolongation Southeasterly for a distance of 704.18 feet to the intersection
thereof with the Dade County bulkhead line as recorded in Plat Book 74, at Page
3 of the Public Records of Dade County, Florida and the Point of Beginning of the
Tract of submerge land herein described; Thence North 56" 54. 11" East, along the
said bulkhead line, for a distance of 100.232 feet to the intersection thereof
with the prolongation southeasterly of the Northeasterly boundary line of. Lot 47
of said Block "B"; Thence North 37" 09, 46" west, along the prolongation
Southeasterly of the Northeasterly boundary of said Lot 47, for a distance of 208
feet, more or less, to the High Water line of Biscayne Bay; Thence Southwesterly,
meandering the High Water line of Biscayne Bay and along the Southeasterly
boundary of said Lot 47 for a distance of 100 feet, more or less, to the
intersection thereof with the southwesterly boundary of said Lot 47; Thence South
37. 09, 46- East, along the prolongation Southeasterly of the Southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or less to the Point of
Beginning.
t
hE 16 15270389
ESHIB: B-
1. Purchase money first mortgage of even date herewith executed
by Grantee in favor of Faciendo, Inc., a Florida corporation,
and H & R Developments, a Florida General Partnership, in the "
principal amount of $6,400,000.00.
2. Rights, if any, of the public to use as a public beach or
recreational area any part of the said land lying between the
body of water abutting subject property and the natural line
of vegetation, bluff, extreme high water line or other
apparent boundary separating the publicly used area from the
upland private area.
3. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23497 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167566 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
4. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23496 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167565 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
5. Rights of the State of Florida, the County of Dade and any
municipality in which the land is located to control the
waters which lie above the submerged land, and the rights of
the public to use said waters for proper and legal purposes.
6. Rights and easements of the United States government for
commerce, navigation, recreation and fisheries in and to any
portion of said land which has been created by artificial
means or accreted to any portions so created, and riparian
rights, if any.
7. All matters shown on survey no. 931010 prepared by Consul -Tech
Engineering, Inc., dated November 9, 1993.
\MO1KZ\II1&AL\HOT3MW\CHC\==\WW. Zn
�eo�oeo �M rnrICIAL "CCU*'oM
Epp rW,yp• µOKI" ` A t
1{ARVEY RUYIN
ocuc uecurt cuo/(wfl{�)�['
.Ir .
CAk
REC: 1152P�039D
RETURN TO:
.flame:
LEOPOLD 6 LEOPOLD, P.A.
Address:
20801 Biscayne Boulevard
Suite 501
North Miami Beach, FL 33180
THIS INSTRUMENT PREPARED BY:
Name:
Norman Leopold, Esquire
LEOPOLD i LEOPOLD, P.A.
Address:
20801 Biscayne Boulevard
suite 501
North Miami Beach, FL 33180
93R592235 IM DEC 02 lux
DOCSTME M 100.00 0M 124Z.00
HARM Rwrit CLERK DADE COURTY, FL
Folio Number : 01 41390012380
Grantee's SST:
SPECIAL WARRANTY DEED
THIS SPECIAL fARRAHTY DEED, made the �� day of November, 1993, by
FACIENDO, INC., a Florida corporation, hereinafter called Grantor, to SM BRICRELL
LIMITED PARTNERSHIP, a Florida limited partnership, whose post office address is
701 Brickell Avenue, Suite 3150, Miami., FL 33131, hereinafter called Grantee:
(wherever used herein, the terms "Grantor" and "Grantee" include all parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
WXTSESSETH, That Grantor, for and in consideration of the sum of $10.00 and
other valuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Grantee, its heirs and assigns forever, all that certain land situate, lying and
being in Dade County, Florida, viz:
All of its undivided twenty-five percent (25%) interest in and to
the following described property:
SEE EXHIBIT A. ATTACHED HERETO
SUBJECT Toz Taxes for the year 1994 and subsequent years; zoning
ordinances of the applicable governmental authorities and those matters set forth
on Ezhibit "B" attached hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized
of said land in fee simple; that Grantor has good right and lawful authority to
sell and convey said land; that Grantor hereby warrants the title to said land
and will defend the same against the lawful claims of all persons lawfully
claiming by, through and under Grantor but against none other.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day
and year first above written. ^
/ ,<7/7
INC., 4 Flopfdao,`corporatiou-
CJ�,QOL
T PBrreside
Prin name o tness .as: 1221 ic a Av nue
Miami, FL 331.3
T. (CORPORATE SEAL)
G t-
Print name of witness
COUNTRY OF CANADA
PROVINCE OF ONTARIO-71
e -foregoing instrument was acknowledged before me this L 1 �d day
j993, by JOSEPH BERMAN, as Presi�iant of FACIENDO, INC., a Flgla
)plc r_ on behalf of the corporation, ;rho is personally known to
uad-Z.o
a aUton.
o • r"
r ' • ti \ / NOta P11b11C \
*'cali4}�xpiras's11A� �p t( J
Print name of notary public
\r0RX\RnL\s0rers,1crc\0oes\51M PAC
W
a
AEc. 101 JL'`Uid I
EXHIBI'
Lots 47, 48, 49, and 50, in Block "B" of MARY AND WILLIAM BRICKELL's subdivision;
according to the plat thereof, as recorded in Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, also known as:
Lots 47, 48, 49, and 50, in Block "B" as shown on FLAGLER MRS. MARY BRICKELLIS
RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS; according to
the plat thereof, as recorded in Plat Book 5, at Page 44 of the Public Records
of Dade County, Florida,
AND;
The submerged land in Biscayne Bay lying Southeasterly of Lots 47, 48, 49, and
50, in Block "B" of MARY AND WILLIAM BRICKELL SUBDIVISION; as recorded in Plat
Book -B", at Page 96, of the Public Records of Dade County, Florida, more
particularly described as follows:
Commence at the Northwest corner of section 40, Township 54 South, Range 41 East,
thence North 88. 12, 14" East, along, the North line of the said section 40, for
a distance of 4,733.70 feet to the intersection thereof with the southeasterly
Right of way line of Brickell Avenue as shown on the plat of FLAGLER, Plat Book
5, at Page 44, of the Public Records of Dade County, Florida; Thence North 52°
50, 14" East, along the Southeasterly Right of Way line of Brickell Avenue as
shown on the said plat of Flagler and along the said Right of way line of
Brickell Avenue and along the Northwesterly line of Block "B" as shown on the
plat of MARY AND WILLIAM BRICKELL SUBDIVISION, Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, for a distance of 2,540.99 feet to the
most Westerly corner of Lot 50, Block "B" of the said MARY AND WILLIAM BRICKELL
SUBDIVISION; Thence South 371 09. 46" East, along the Southwesterly boundary of
said Lot 50 and it•s prolongation Southeasterly for a distance of 683.78 feet to
the intersection thereof with the Dade County bulkhead line as recorded in Plat
Book 74, at Page 3, of the Public Records of Dade County, Florida, and the Point
of Beginning of the tract of submerged land herein described; thence North 56°
54, 11" East along the said bulkhead line, for a distance of 300.696 feet to
intersection thereof with the prolongation Southeasterly of the Northeasterly
boundary line of Lot 48 of the said Block "B"; Thence North 37.09.46" west, along
the prolongation southeasterly of the Northeasterly boundary of said Lot 48, for
a distance of 208 feet, more or less, to the High Water line of Biscayne Bay;
Thence Southwesterly, meandering the High Water line of Biscayne Bay and along
the Southeasterly boundary of Lots 48, 49, and 50 of said Block "B" for a
distance 335 feet, more or less, to the intersection thereof with the
southwesterly boundary of said Lot 50; Thence South 37' 09, 46" East, along the
prolongation Southeasterly of the Southwesterly boundary of said Lot 50 for a
distance of 207 feet, more or less, to the Point of Beginning;
AND;
commence at the Northwest corner of said section 40; Thence North 88" 12' 14"
East, along the North line of the said Section 40 for a distance of 4,733.70 feet
to the intersection thereof with the Southeasterly Right of way line of Brickell
Avenue as shown on the plat of FLAGLER, Plat Book 5, at Page 44 of the Public
Records of Dade County, Florida; Thence North 52" 50, 14" East, along the
southeasterly Right of way line of Brickell Avenue as shown on the said plat of
FLAGLER and along the said Right of Way line of Brickell Avenue and along the
Northwesterly line of Block "B" as shown on the plat of MARY AND WILLIAM BRICKELL
SUBDIVISION, Plat Book "B" at Page 96 of the Public Records of Dade County,
Florida, for a distance of 2,840.93 feet to the most westerly corner of Lot 47,
Block "B" of the said MARY AND WILLIAM BRICKELL SUBDIVISION; Thence South 37" 09,
46" East, along the southwesterly boundary of the said Lot 47 and its
prolongation Southeasterly for a distance of 704.18 feet to the intersection
thereof with the Dade County bulkhead line as recorded in Plat Book 74, at Page
3 of the Public Records of Dade county, Florida and the Point of Beginning of the
Tract of submerge land herein described; Thence North 560 54, 11" East, along the
said bulkhead line, for a distance of 100.232 feet to the intersection thereof
with the prolongation southeasterly of the Northeasterly boundary line of Lot 47
of said Block "B"; Thence North 370 09• 46" west, along the prolongation
Southeasterly of the Northeasterly boundary of said Lot 47, for a distance of 208
feet, more or less, to the High water line of Biscayne Bay; Thence Southwesterly,
meandering the High Water line of Biscayne Bay and along the southeasterly
boundary of said Lot 47 for a distance of 100 feet, more or less, to the
intersection thereof with the Southwesterly boundary of said Lot 47; Thence South
37. 09. 46" East, along the prolongation Southeasterly of the southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or less to the Point of
Beginning.
EXHIBIT 'A'
1. Purchase money first mortgage of even date herewith executed
by Grantee in favor of Faciendo, Inc., a Florida corporation,
and H 5 R Developments, a Florida General Partnership, in the
principal amount of $6,400,000.00.
2. Rights, if any, of the public to use as a public beach or
recreational area any part of the said land lying between the
body of water abutting subject property and the natural line
of vegetation, bluff, extreme high water line or other
apparent boundary separating the publicly used area from the
upland private area.
3. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23457 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167566 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
4. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23496 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167565 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
5. Rights of the State of Florida, the County of Dade and any
municipality in which the land is located to control the
waters which lie above the submerged land, and the rights of
the public to use said waters for proper and legal purposes.
6. Rights and easements of the United States government for
commerce, navigation, recreation and fisheries in and to any
portion of said land which has been created by artificial
means or accreted to any portions so created, and riparian
rights, if any.
7. All matters shown on survey no. 931010 prepared by Consul -Tech
Engineering, Inc., dated November 9, 1993.
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RETURN TO:
Names ADORNO i LEDER, P.A.
Address: 2601 south Bayshore Drive
suite 1600
Mismi, FL 33131
THIS AH8TRDlNEXT PREPARED STs
Name: Norman Leopold, Esquire
LEOPOLD i LEOPOLD , P.A.
Address: 20801 Biscayne Boulevard
Suite 501
North Miami Beach, FL 33180
D005TPDEE 34r200.00 SURTX 25v6W.(
NAM RUVIN+ CLERK DARE COUNTYs, F
Folio Number : 01 41390012380
Grantee's SS92
SPACIAL WATZ&Vff DEED
THIS SPECIAL UUMANTr DEED, made the ZA day of November, 1993, by
RESIDENTIAL DEVELOPMENTS, INC., a Florida corporation, hereinafter called
Grantor, to SM BRICImLL LIMITED PARTNERSHIP, a Florida limited partnership, whose
post office address is 701 Brickell Avenue, Suite 3150, Miami, PL 33131,
hereinafter called Grantee:
(wherever used herein, the terms 'Grantor' and 'Grantee mdude sU parties to this
instrument and the heirs, legal representatives and asogo of indrndus)a, and the
sua:eseors and assigns of corporations)
WITESSSERE, That Grantor, for and in consideration of the sum of $10.00 and
other valuable consideration, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Grantee, its heirs and assigns forever, all that certain land situate, lying and
being in Dade County, Florida, viz:
All of its undivided fifty percent (50%) interest in and to the
following described propertys
SEE EffiBIT "Al ASTACUM HERETO
SUBJECT TO: Taxes for the year 1993 and subsequent years; zoning
ordinances of the applicable governmental authorities and those matters set forth
on Exhibit 'a` attached hereto and made a part hereof.
TOGETMM with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized
of said land in fee simple; that Grantor has good right and lawful authority to
sell and convey said land; that Grantor hereby warrants the title to said land
and will defend the same against the lawful claims of all persons lawfully
claiming by, through and under Grantor but against none other.
in wx2== *=Raor, Grantor has signed and sealed these presents the day
and year first abcvywritten.
Print name of witness
STATE OF NEW YORK
COUNTY Or NEW YORK
RESIDENTIAL DEVELOPMENTS, NC., a
Floriurporat*
BYs
Nis ra a er ,
a„
Title: Executive ice rest ent
Address: 237 Park
New York NY 1001-1 �
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The Foregoing PS at w ackaawUT
dged be ore a this p o!
November, 1993, by A 1� A/ 3nr as it �. iJr o�•./�s—`
of RESIDENTIAL DEvi PmEMS, INc , a Florida co ration, on behalf of the
corporation, who is personally known to_m -OR- produced
No. as identification. .,
My commission expires:
�wosz�xa+w�sots��csc�aocs�uw.aas
Notary Public, State of New_Ypzk '
Print name of notary public ^ J
ANN FAM
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EXHIBIT
Lot* 47, 48, 49, and 50, in Block "B" of MARY AND WILLIAM BRICRELL's subdivision;
according to the plat thereof, as recorded in Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, also known aa:
Lots 47, 48, 49, and 50, in Block "B" as shown on FLAGLER MRS. NARY BRICRELLIS
RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS DONATIONS; according to
the plat thereof, as recorded in Plat Book 5, at Page 44 of the Public Records
of Dade County, Florida,
AND;
The submerged land in Biscayne Bay lying southeasterly of Lots 47, 48, 49, and
50, in Block "B" of MARY AND WILLIAM BRICXZLL SUBDIVISION; as recorded in Plat
Book "8", at Page 96, of the Public Records of Dade County, Florida, more
particularly described as follows:
Commence at the Northwest corner of section 40, Township 54 south, Range 41 East,
thence North 88° 12, 14" East, along the North line of the said Section 40, for
a distance of 4,733.70 feet to the intersection thereof with the Southeasterly
Right of Way line of Brickell Avenue as shown on the plat of FLAGLER, Plat Book
5, at Page 44, of the Public Records of Dade County, Florida; Thence North 52"
50' 14" East, along the Southeasterly Right of Way line of Brickell Avenue as
shown on the said plat of Flagler and along the said Right of Way line of
Brickell Avenue and along the Northwesterly line of Block "B" as shown on the
plat of MARY,AND WILLIAM BRICRELL SUBDIVISION, Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, for a distance of 2,540.99 feet to the
most Westerly corner of Lot 50, Block "B" of the said MARY AND WILLIAM BRICKELI.
SUBDIVISION; Thence South 37" 09, 46" East, along the southwesterly boundary of
said Lot 50 and it's prolongation southeasterly for a distance of 683.78 feet to
the intersection thereof with the Dade County bulkhead line as recorded in Plat
Book 74, at Page 3, of the Public Records of Dade County, Florida, and the Point
of Beginning of the tract of submerged land herein described; thence North 56°
54. 11" East along the said bulkhead line, for a distance of 300.696 feet to
intersection thereof with the prolongation Southeasterly of the Northeasterly
boundary line of Lot 48 of the said Block "B"; Thence North 37*09,46" West, along
the prolongation Southeasterly of the Northeasterly boundary of said Lot 48, for
a distance of 208 feet, more or less, to the High water line of Biscayne Bay;
Thence southwesterly, meandering the High water line of Biscayne Bay and along
the southeasterly boundary of Lots 48, 49, and 50 of said Block "B" for a
distance 335 feet, more or less, to the intersection thereof with the
Southwesterly boundary of said Lot 50; Thence South 370 09, 46" East, along the
prolongation Southeasterly of the southwesterly boundary of said Lot 50 for a
distance of 207 feet, more or less, to the Point of Beginning;
AND;
Commence at the Northwest corner of said Section 40; Thence North 88" 12' 14"
East, along the North line of the said Section 40 for a distance of 4,733.70 feet
to the intersection thereof with the Southeasterly Right of way line of Brickell
Avenue as shown on the plat of FLAGLER, Plat Book 5, at Page 44 of the Public
Records of Dade County, Florida; Thence North 52" 50, 14" East, along the
southeasterly Right of Way line of Brickell Avenue as shown on the said plat of
FLAGLER and along the said Right of Way line of Brickell Avenue and along the
Northwesterly line of Block "B" as shown on the plat of MARY AND WILLIAM SRICXELL
SUBDIVISION, Plat Book "a" at Page 96 of the Public Records of Dade county,
Florida, for a distance of 2,840.93 feet to the most Westerly corner of Lot 47,
Block "B" of the said MARY AND WILLIAM BRICRELL SUBDIVISION; Thence south 37° 09'
46" East, along the southwesterly boundary of the said Lot 47 and its
prolongation southeasterly for a distance of 704.18 feet to the intersection
thereof with the Dade County bulkhead line as recorded in Plat Book 74, at Page
3 of the Public Records of Dade County, Florida and the Point of Beginning of the
Tract of submerge land herein described; Thence North 56" 54' 11" East, along the
said bulkhead line, for a distance of 100.232 feet to the intersection thereof
with the prolongation Southeasterly of the Northeasterly boundary line of Lot 47
of said Block "B"; Thence North 37° 09, 46" West, along the prolongation
southeasterly of the Northeasterly boundary of said Lot 47, for a distance of 208
feet, more or less, to the High Water line of Biscayne Bay; Thence Southwesterly,
meandering the Sigh Water line of Biscayne Bay and along the southeasterly
boundary of said Lot 47 for a distance of 100 feet, more or less, to the
intersection thereof with the Southwesterly boundary of said Lot 47; Thence South
37. 09, 46" East, along the prolongation Southeasterly of the southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or less to the Point of
Beginning.
EXHIBIT "B"
1. Purchase money first mortgage of even date herewith executed
by Grantee in favor of Faciendo, Inc., a Florida corporation,
and H & R Developments, a Florida General Partnership, in the
principal amount of $6,400,000.00.
2. Rights, if any, of the public to use as a public beach or
recreational area any part of the said land lying between the
body of water abutting subject property and the natural line
of vegetation, bluff, extreme high water line or other
apparent boundary separating the publicly used area from the
upland private area.
3. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement. Fund of the State of Florida
contained in deed No. 23497 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167566 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
4. Mineral and Petroleum Reservations in favor of the Trustees of
the Internal Improvement Fund of the State of Florida
contained in deed No. 23496 (1357-13) filed October 17, 1963,
under Clerk's File No. 63R-167565 as to submerged land only.
The right of entry in connection with the above reservation of
an interest in mineral and petroleum has been released by
Section 270.11(2), Florida Statutes.
5. Rights of the State of Florida, the County of Dade and any
municipality in which the land is located to control the
waters which lie above the submerged land, and the rights of
the public to use said waters for proper and legal purposes.
6. Rights and easements of the United States government for
commerce, navigation, recreation and fisheries in and to any
portion of said land which has been created by artificial
means or accreted to any portions so created, and riparian
rights, if any.
7. All matters shown on survey no. 931010 prepared by Consul -Tech
Engineering, Inc., dated November 9, 1993.
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