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HomeMy WebLinkAboutR-98-0537J-98-517 (a) Q ((�� 5/25/98 RESOLUTION NO. 98 537 A RESOLUTION, WITH ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A COMMUNITY BASED RESIDENTIAL FACILITY, FOR THE PROPERTY LOCATED AT 955 NORTHWEST 3RD STREET (VICTORIA CENTER) MIAMI, FLORIDA; MORE PARTICULARLY LEGALLY DESCRIBED HEREIN; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND SUBJECT TO THE PROFFER BY THE APPLICANT'S AGENT, THAT NO COMMUNITY BASED RESIDENTIAL FACILITY USE, OTHER THAN THAT DESCRIBED IN THE APPLICATION WILL BE OPERATED AT THIS SITE WITHOUT CITY COMMISSION APPROVAL. WHEREAS, the Miami Zoning Board at its meeting of April 27, 1998, Item No. 4, adopted Resolution No. ZB 1998-0052 by an eight to zero (8-0) vote, granting a special exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, requires City Commission approval of the special exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for special exception does meet the applicable requirements of Zoning Ordinance No. 11000, AT1ACHmEHTCONTAINED CITY COON MEETING OF MAY 2 6 1998 Reeok t3on No. 98- 537 as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Zoning Board and grant the Special Exception; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, to permit a Community Based Residential Facility for the property located at approximately 955 Northwest 3rd Street, Miami, Florida, more particularly legally described in Exhibit "A" attached hereto and made a part hereof, is hereby affirmed, and the Special Exception is hereby granted subject to a time limitation of twelve (12) months in which a building permit must be obtained and subject to the proffer by the Applicant's Agent, that no Community Based Residential Facility Use, other than that which is described in the application will be operated at this site without City -2- 98- 537 Commission approval. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of Ma JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legisla o: becomes effective with the elapse of ten (10) days `rinr^ the o Commis ATTEST: regarding same, without the Mayor exi ising Wa er eman, City Clerk WALTER J. FOEMAN, CITY CLERK PREPARED APPROVED BY2!� . 60 YAMIL RE O TREHY ASSISTANT C TY ATTORNEY APPROVED A,,T F RM AND CORRE SS• VILARELLO W2555:YMT:ds1:bss -3- 98- 537 EXHIBIT "A" LEGAL DESCRIP,j.ON OF VICTORIA HOSPITAL PARCEL AND VACANT PARCEL Lots 1 through 20, in Block "F" of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, at Page 48 of the Public Records of Dade County, Florida, TOGETHER WITH Lots 13, 14, 15 and 16 of EAST ADDITION TO LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 94 of the Public Records of Dade County, Florida. PZ-7 ZONING FACT SHEET Case Number: 1998-0111 27-Apr-98 Item No: 4 Location: 955 NW 3 Street (Victoria Center) Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Victoria Partners, a Florida joint venture 2665 S. Bayshore Drive, #420 Miami, FL 33133 App. Ph: (305) 854-0800 Zoning: G/I Government & Institutional Gilberto Pastoriza, P.A. 2665 S. Bayshore Drive, #420 Miami, FL 33133 Rep. Ph: (305) 854-0800 ext Rep. Fa (U _ ext Request: Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Conditional Principal Uses, G/I Government and Institutional, to allow a Community Based Residential Facility. Recommendations: Planning and Development: Approval with conditions Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments. Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: On 4/22/96, the Zoning Board recommended approval to the City Commission by Resolution No. ZB 42-96 for a C.B.R.F. On 5/23196, the City Commission approved the request for a C.B.R.F. by Resolution No. 96-365. Analysis: Please see attached. 537 98- ZONING FACT SHEET Case Number: 1998-0111 27-Apr-98 Item No: 4 Zoning Board Resolution No: ZB 1998-0052 Zoning Board: Approval with conditions Vote: 8-0 Appellant: N/A 98- 537 ANALYSIS FOR SPECIAL EXCEPTION 955 NW 3`d Street CASE NO. 1998-0111 Pursuant to Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to allow a community based residential facility in the G/I Government and Institutional District. The following findings have been made: • It is found that the particular characteristics of extended care facilities for frail elderly and persons with chronic disabilities, which is the proposed type of community based residential facility specified by the applicant's authorized agent, is innocuous and will provide a much needed service to the elderly and disabled members of the community. • It is found that the proposed community based residential facility is an appropriate adaptive re -use of the former Victoria Hospital. • It is found that the comments relating to the open space and landscape plan on the accompanying item for the request of a Special Exception (Case No. 1998-0112) are also applicable to this item. • It is found that the plans submitted by the applicant are in compliance with respect to all other criteria listed in Sections 934 and 1305 of Zoning Ordinance 11000,. Based on these findings, the Department of Planning and Development is recommending approval of the application subject to the following condition: 1. That, as proffered by the applicants agent, no community based residential facility use, other than that which is described above will be operated at this site without City Commission approval. 98- 537 � < �'• �' a. �-,ac a• a•a � as � '�! '� •/ ��� • �'• � u Ras 7•a H7 �Of '•Mo ••• : .• �/ , R • �. f '\ • f p �t tt .a M 14 40 44, %PC db SD=4 a . 31 173 14 la la 1 7• Q oee ease lob 1!011710�sTtl����'�"!�/� �°mm �am� rillo o� a b�Pill ion 11 Hill m m� me11111 � IN WEST_ A �r000no.► OR 1110� is In! g mn KEY J,e �a rg — Swo NUNN PA I op �maue m� env vepgp�n 0fi1'�I@:9i: I RM 2d I 1011 1.1 JO; 2 FLAGLER - Is, rMul UZI]- 111NUNN��l 00 OR I S T. ' - ST a- s m6,. Miami Zoning Board Resolution: ZB 1998-0052 Monday, April 27,1998 Mr. Osvaldo Moran-Ribeaux 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 RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL PRINCIPAL USES, G/I GOVERNMENT AND INSTITUTIONAL, TO ALLOW A COMMUNITY BASED RESIDENTIAL FACILITY FOR THE PROPERTY LOCATED AT 955 NW 3 STREET (VICTORIA CENTER) LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL PER PLANS ON FILE WITH A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE FOLLOWING CONDITION FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT: THAT, AS PROFFERED BY THE APPLICANTS AGENT, NO COMMUNITY BASED RESIDENTIAL FACILITY USE, OTHER THAN THAT WHICH IS DESCRIBED ABOVE W1LL BE OPERATED AT THIS SITE WITHOUT CITY COMMISSION APPROVAL. Upon being seconded by Ms. Ileana Hemandez-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 Hemandez-Acosta Yes Ms. Christine Morales Yes Mr. Osvaldo Moran-Ribeaux Yes Mr. Paris A. Obregon Away Mr. Humberto J. Pellon Yes Mr. Juvenai Pina Yes AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 Ms. Fernandez: Motion carries 8-0 f Teresita L. F na dez, Chief Office of Hearing Boards Case No.: 1998-0111 Item Nbr: 4 98- 537 EXHIBIT "A" LEGAL DESCRIPTION OF VICTORIA HOSPITAL PARCEL AND VACANT PARCEL Lots 1 through 20, in Block "F" of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, at Page 48 of the Public Records of Dade County, Florida, TOGETHER WITH Lots 13, 14, 15 and 16 of EAST ADDITION TO LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 94 of the Public Records of Dade County, Florida. 98- 537 ZONING BOARD ACTION FOR SPECIAL EXCEPTION I move that the request on Agenda Item #)e (DENIED) (GRANTED) in that the requirements of, is e 16 (WERE) (WERE NOT) satisfied by relevant evidence in the record of the public hearing. 5as stated in the City's findings of fact, or �19 as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board, in its decision to (GRANT) (DENY) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (HAVE) (HAVE NOT) been met. (CIRCLE APPROPRIATE CONDITIONS) 1305.1 Ingress and Egress. 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainage. Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features. . Due consideration shall be given to adequacy of ingress and egress to Due consideration shall be given to provision for the preservation of the property and structure and uses thereon, with particular reference to existing vegetation and geological features whenever possible. automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.8 Control of Potentially Adverse Effects Generally. 1305.2 Offstreet Parking and Loading. Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and Service Areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and Lighting. Due consideration shall be given to the number, size, character, location, and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum 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. Signature U Agenda Item ti Date 98- 537 CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR SPECIAL EXCEPTION 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. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN 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. 1, Gilberto Pastoriza , hereby apply to the City of Miami Zoning Board for approval of a Special Exception for the property located at folio number 01-4139-003-0550 Nature of Proposed Use (please be specific): See attached Exhibit "A" In support of this application, the following material is submitted. On f i lq . Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. On Fill 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. 98- 537 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. On File 5. At least two photographs that show the entire property (land and improvements). X 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). letter of intent 8. Fee of $ 4,400.00 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 Gilberto Pastoniza, Esg.—' N me _ za & Address Guede s , P.A. 2665 S. Bayshore Drive, #420 Miami, Florida 33133 Telephone (305) 854-0800 Date 98- 537 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 19 , by who is personally known to me or who has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: #***#***####*##*#*###*#*#*RR####R#*RR#*#R*R*#RR#RR##RRRR##R#R#R###########R*R####R########*#***! 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: **####*###R######R#####*R#R##R##R#R#R#R###R#R#*###*##R##RR###RRR###R#RRR##RRR#RR####*########### STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was cknowled ed before me this D�U' day of 19q� by partner ( r agent))on behalf of a partnershi He/She is personally kno me or who has produced as identification and who ' (did not take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: FTERESTFA F�ci A, L FERN AL)F7 SEAL i DER\.^.^_� L`? 98- 53-- BUILDING & ZONING Fax=1-305-416-2168 'Mar P '98 23:47 P.01i02 EXHIBIT "A" 955 N-W. 3 St. a.k.a. VICTORIA CENTER (ZONED G/1- Government and Institutional) SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11,000 as amended for the following: ■ Community Based Residential Facilities, as per Article 4 Section 401 Schedule of District Regulations Conditional Principal Uses under the G/I zoning district_ ■ Diagnostic Primary Care, Professional offices and Surgical, as per Article 4 Section 401 Schedule of District Regulations Permitted Principal Uses under the G11 zoning district. ■ State of Florida Department of Children & Family Child Enrichment Center (includes overnight stay) as per Article 4 Section 401 Schedule of District Regulations under the G/I zoning district. ■ Apartments as per Article 4 Section 401 Schedule of District Regulations Permitted Principal Use under the G/I zoning district_ The Special Exception(s) encompass the following Class II special permits: ■ Reduction of parking requirements for elderly housing, Article 9 section 917.5. ■ Convenience commercial and service facilities, as per Article 4 Section 401 Schedule of District Regulations Conditional Principal Uses under the 0/1 zoning district. ■ Limited retail uses which are intended to serve the retailing and personal service needs of the govemment/institutional use, as per Article 4 Section 401 Schedule of District Regulations Conditional Accessory Uses under the G/I zoning district. ■ Reduction of periphery landscape requirements in the Landscaping Guides and Standards. City Commission approval required for the Community Based Residential Facility_ 98- 537 BUILDING & ZONING Fax:1-305-416-2168 'Mar ° '98 23:48 P.02/02 955 N.W. 3 St. al -a- Victoria Center page 2 of2 Note: ■ Adult daycare is a permitted principal use in the G/I Zoning district. ■ Subject to submitting written certification from the corresponding state or federal agency in charge of the program for the elderly housing use Article 9 section 917.5. ■ Distance survey on file. ■ The existing Victoria Hospital building was built prior to 1983, henceforth, it is not countable towards meeting the threshold of a Major Use Special Permit or a phased project. ■ Rooms/occupants of a community based residential facility is not countable as density for apartment/residential use, it is considered institutional in nature. ■ Subject to providing a Unity of Title or a Covenant in Lieu of Unity of Title. ■ Applicant must provide findings that a reduction in required occupant offstreet parking is feasible, reduction permitted as per Article 9 section 934.2.2.5. ■ Subject to providing vision clearance at intersections (street corners and driveways) and other conditions as may be imposed by the Public Works Department. Javier Carbonell Zoning Insp 11 March Fa, 1998 98- 537 AFFIDAVIT STATE OF FLORIDA) } SS COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared Gilberto Pastoriza who being by me first duly sworn, upon oath, deposes and says: 1. That he/*i6 is the :6eY&1yr, 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/itM represents, if any, have given their full and complete permission for him/hWto act in his/h*Fbehalf 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 heAJWgs theyb"&i& 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. STATE OF FLORIDA COUNTY OF DADE Applicant's Sign*Sre Gilberto Pas ey for Victoria Partners The foregoing iestrument as owledged before me this �` (' day of y�C� �C ►' 4 19 by C— �Y�� c-�ZJ�� �Z"�- who is personally known to me or who has produced as identification and who did (did not) take an oath. 'Yf Name:::* '%iy�F* MARMY ILYN SOMO[)EVILLA Notary Public -State of F - . COMM>orr a EXPIRES: September 13,19" Commission No.: ' �� 4' Boned Tft P" * W MWWI My Commission Expires: 98- 537 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name OWNER'S LIST Victoria Partners, a Florida joint venture c/o Weiss Serota Hel man Pastoriza & Gueaes, F.A. 2665 S. Bayshore Drive, #420 Zip Code 33133 (305) 854-0800 See attached Exhibit "A" Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address N/A Street Address Street Address Legal Description Legal Description Legal Description 98- 537 DISCLOSURE OF OWNERSHIP I. legal description and street address of subject real property: See attached Exhibit "A" 955 N.W. 3 Street, Miami, Florida 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject natter of a presentation, request or petition to the City Commission. Accordingly, question f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Victoria Partners, a Florida Joint Venture. The Joint Venture partners are MAHB Victoria, Inc. and NB Investments —Victoria, Inc. MAHB Victoria, Inc. is owned 50% by Michael D. Wohl and 50% by Ezra Katz. NB Investments —Victoria, Inc. is owned 100% by Norman Braman. See attached Exhibit "B" for additional interested parties. 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 4MWA19 ATTOR FOR OWNER Gilberto Pastori STATE OF FLORIDA } SS: COUNTY OF DADE } Gilberto Pastori a , being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question ill, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has a�i�y� e e osure of Ownership form on behalf of the owner. SWORN TO AND SUBSCRI$EfQ� before me this �� day of V1 �4 sjbi , 19 MY COMMISSION EXPIRES: (SEAL) M4FdLYN & DEMLLA MY COMMISSION / CC 47M EVIRES: September 13,1999 B=w Inn, noory Pypt tkWVWM n 98- 537 EXHIBIT "A" LEGAL DESCRIPTION OF VICTORIA HOSPITAL PARCEL AND VACANT PARCEL Lots 1 through 20, in Block "F" of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, at Page 48 of the Public Records of Dade County, Florida, TOGETHER WITH Lots 13, 14, 15 and 16 of EAST ADDITION TO LAWRENCE ESTATE LAND COMPANy,S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 94 of the Public Records of Dade County, Florida. 98- 537 EXHIBIT "B" The ownership of the nursing facility and the ALF may be transferred in the future to Victoria Nursing and Rehabilitation Center, Inc. (the nursing facility) and Victoria Towers, Inc. (the ALF) both Florida corporations. The principals in both corporations are Ralph L. Stacey, Jr. (50%) and Richard E. Stacey (50%). 304002 98- 537 TNo Instrumentwastxapan©: orr,1(V�9rr,2Jt9 Steven W. Simon, Esq. SPENCER 3 KLEIN, P.A. 901 Srickell Avenue, Suits 1901 Miami, FL 33131 Grantee E.I.N. 0 95R5 1599'S 1995 DEC 18 04 Property Appralsers Parcel identification (Folio) Number(*): DOCSTFOEE 16r500.00 SURTX 12075 01.4138-003.050 and 01.4138-003.0680 MVEY RUVINr CLERK DADE COUNTYr --- v—, ft� al , +r ion 1a s msq du . ---•--,�--_._., This Special Warranty Deed, Made the day of December, d g 1995, by Cedars Healthcare Group, Ltd., a Florida limited partnership hereinafter called the Grantor, to - G' Victoria Partners, a Florida joint venture $ whose post office address la 0 2M So. Sayshore Drive, Suite 202 Miami, FL 33133 hereinafter called the Grantee: (Wherever used herein the terms 'Grantor' and 'Grantee' Include all the parties to this Instrument and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations). - : that the Grantor, for and In consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged hereby grants, bargains, sells, aliens, remises. aiU Mosses, conveys and confirms unto the grantee all that certain land situate In Dade•County, Florida, rto viz: See Exhibit "A" Subject to real property taxes for 1996 and thereafter, all conditions, limitations, restrictions, reservations and easements of record, the recitation of which shall not serve to reimpose the same, all zoning ordinances, tenants in possession under unrecorded iea369 and matters set forth In Exhibit 'B'. TOGETHER. rAth all the tenements, heredliaments and appurtenances thereto belonging or In anywiss appertaining. TO HAVE AND TO HOLD, the same in tee simple forever. &10 the Grantor hereby covenants with said Grantee that h is lewtulty seized of said land in tee simple: that the Grantor has good right and lawful authority to sail and convey said land-, and hereby a warrants the Ulle to said lard and will defend the same against the lawful claims of all persona claiming • orr:1-09 2160 by, through or under the said Grantor. IN WITNESS VIMEREOF the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and det,vered in the presence of L�- Signature ,sTsvi ld,.i/mot/ O Na cmel , Signs re S7'"A# w JOWA.V •� Na 00 D.-15CM+a STATE OF FLORIDA) )ss COUNTY OF DADE ) Cedars Healthcare Group, Ltd., a Florlds limited partnership By; Columbia Hospital Corporation of Central Miami, a Florida corporation, sole General Partner +' , Ralph A. Aleman Name Printed Its- Vice-Presldent 7975 N.W. 154 Street Miami Lakes, FL 33016 I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take sckr o edgme ts, personalty appeared Ralph A. Aleman as Vics-President .01 Cofumbla Hospital Corporation of Central Miami as sole General Partner of Cedars Healthcare Group. Ltd., who is personalty known to me to be the person described In or who produced a Florida Drivers Lfcsnas as Identification and who executed the foregoing instrument, who acknowledged betore me that M executed the same. NOTARY SEAL CrEVEN w SVAON NOTARY "UC STATE OF FLORIDA COr M0 L561N NO. CJSSlSi � mM�sloN Fzr. oa. tt tsvr C.`MPOOCSMMdA0E3 011ePE CAL WD Witness my hand and official seal In the County and Stars last aforesaid this /S'4 day of December, A.D. 1995. Notary Signature 5T Lve-Al ui s � Printed Notary Name 98- 537 ® or r:17429°c2161 EXHIBIT "A" LEGAL DESCRIPTION Lots 1 through 20, inclusive, Block F. RIVERVIEW. according to the Plat thereof, recorded in Plat Book S. Page 43, of the Public Records of Dade County, Florida. AND F Lots 13.14. 15, and 16, EAST ADDITION TO LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, Page 9, in the Public Records of Dade County, Florida kr, . h . i K' v 98- 537 EXHIBIT "B" RESTRICTIVE COVENANTS No part or portion of the property being conveyed by the Deed to which this Is attached shall be utilized, characterized or licensed as a General Hospital or Specialty Hospital or Ambulatory Surgical Center, provided however, these restrictions shall not prohibit or limit the use of the property or any portion thereof as a: 1. Nursing Home Facility Including, but not limited to, the delivery of Professional Nursing, Advanced or Specialized Nursing and Practical Nursing; >i 2. Community Pharmacy or Institutional Pharmacy; u� 3. Adult Day Care Center, Family Day Care Center or Child Care Facility; w' 4. Adult Congregate Living Facility; 5. Primary Care Clinic; or 6. Physician's or Dentist's Medical Offices. rl • ,: • Grantor or its affiliates or assigns shall have the right of first refusal to match any offer a bona fide third party offering to maintain an office or facility In or on the said property necessary to provide any ancillary services required by grantee to operate a Nursing ._•;. Home Facility or Adult Congregate Living Facility on the property. The restrictions contained herein are intended to be and shall constitute a Covenant �" Running With the Land and shall expire on December 31, 2024. vk vcwero w a►icut rrcorot 600E Of e.a COUM", AOIO4 "MID VINA"rr HARM RUYIM COW arson court 9 8 - .537