HomeMy WebLinkAboutR-98-1080J-98-924 (b) 8
10/27/98 RESOLUTION NO. 9 ` 10 8 Q
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD, DENYING THE APPEAL, AND
UPHOLDING THE ISSUANCE OF CLASS II SPECIAL
PERMIT APPLICATION NO. 98-0075, SUBJECT TO:
(1) ALL CONDITIONS REQUIRED ON JUNE 1, 1998
BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING
AND DEVELOPMENT; (2) MODIFICATION OF PLANS ON
FILE TO BE CONSISTENT WITH THE AGREEMENT
BETWEEN THE PARTIES; AND (3) REVIEW APPROVAL
BY THE DEPARTMENT OF FIRE -RESCUE FOR CODE
COMPLIANCE, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3315 RICE STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN,
TO ALLOW NEW CONSTRUCTION OF A PARKING GARAGE
PURSUANT TO SECTIONS 602.3.1 AND 1512 OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting of July 20,
1998, Item No. 1, adopted Resolution No. ZB 1998-0087 by a seven
to zero (7-0) vote, granting the appeal and reversing the
issuance of Class II Special Permit Application No. 98-0075, with
conditions, as set forth on June 1, 1998, by the Director of the
Department of Planning and Development, for the property located
at approximately 3315 Rice Street, Miami, Florida; and
WHEREAS, the City Commission after careful consideration of
this matter, finds the issuance of Class II Special Permit
Application No. 98-0075, with conditions, does meet the
applicable requirements of Zoning Ordinance No. 11000, as
amended, and deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
CITY CODWSSION
MMTING OF
OCT 2 7 1998
9 - 1:08
reverse the decision of the Zoning Board, deny the appeal and
uphold the issuance of the Class II Special Permit, with
conditions;
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 an
appeal and to reverse the issuance of Class II Special Permit
Application No. 98-0075, with conditions as set forth on June 1,
1998, by the Director of the Department of Planning and
Development, to allow new construction of a parking garage
pursuant to Sections 602.3.1 and 1512 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida, for
the property located at approximately 3315 Rice Street, Miami,
Florida, more particularly legally described as Lot 43, less and
except the north five feet (51) and the west ten feet (101)
thereof, and Lot 44, less and except the north five feet (51)
thereof, Block 4, WILLIAM A. RICE SUBDIVISION, as recorded in
Plat Book 1, at Page 13, of the Public Records of Miami -Dade
County, Florida, is hereby reversed and the appeal is hereby
denied. Furthermore, the City Commission hereby finds that the
issuance of Class II Special Permit Application No. 98-0075, with
conditions ("Permit"), does meet the applicable requirements of
Zoning Ordinance No. 11000, as amended, and upholds the issuance
- 2 -
98-1080
of the Permit, subject to: (1) all conditions required on
June 1, 1998, by the Director of the Department of Planning and
Development; (2) modification of plans on file to be consistent
with the agreement between the parties; and (3) review approval
by the Department of Fire -Rescue for code compliance.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor"J.
PASSED AND ADOPTED this 27th day of October , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sea. 3-36, pence the Mayor di nnotindicate
e+ Fp!�rr�aais Of
legislation by signing it in the design£iiadplace from the date 6;omrnissicr+ u�(;cn
becomes effete with the elapse of ten (10) days
regarding same withoA the Mayor exercising a veto.
ATTEST:
City C ark
Waite . Foe n,
WALTER J. FOEMAN, CITY CLERK
FORM
80:YMT:csk:BSS
CORRECTNESS:
l� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effectively
immediately upon override of the veto by the City Commission.
- 3 -
98-1080
PZ-7
ZONING FACT SHEET
Case Number: 1998-0138 20-Jul-98 Item No: 1
Location: 3315 Rice Street
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: City of Miami Off -Street Parking Margo Alvarez, (Appellant)
Clark Cook, Exec. Director Grove Square Condo Assoc.,lnc.
190 NE 3 Street 2801 Florida Avenue
Miami, FL 33132 Coconut Grove, FL 33131
App. Ph: (305) 373-6789 Rep. Ph: (305) 442-7404 ext _
Rep. Fa C__) = ext _
Zoning: SD-2 Coconut Grove Central Commercial District
Request: Appeal by Margo Alvarez of the Class II Special Permit Application No.98-0075
approved with conditions by the Director of Planning and Development on June 1,
1998, for the above location, to allow new construction of a parking garage pursuant
to Articles 6 and 9, Section602.3.1 and Section 1512 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the.City of Miami. Continued from Zoning Board
Hearing of July 6, 1998.
Recommendations:
Planning and Development: Denial of appeal.
Public Works: No comments.
Plat and Street Committee: NIA
Dade County Transportation: N/A
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: Continued from Zoning Board Hearing of July 6, 1998.
Analysis:
Zoning Board: Granted the appeal. Vote: 7-0
City Commission: Continued from CC 9/28/98.
BILZIN SUmBERG DUNN PRICE & AXELROD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2S00 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD • MIAM1, FLORIDA 33131-2336
TELEPHONE: (305) 374-7S80 • INFOOBILZIN.COM
FAX: (305) 374-7593 • BROWARD: (954) 462-6808
July 31, 1998
Ms. Teresita Fernandez
Hearing Board Section
City of Miami
444 S.W. 2 Avenue, Seventh Floor
Miami, FL 33130
Re: Property at 190 N.E. 3 Street, Miami, FL
Applicant: City of Miami, Department of Off Street Parking '
Appeal from Decision of the Zoning Board
Dear Ms. Fernandez:
The undersigned represents the City of Miami, Department of Off Street Parking, as applicant
under a certain Class II Special Permit issued by the City of Miami and appealed by Grove Square
Condominium.
This request appeal arises from the decision made by the,Zoning Board at their meeting of
July 20, 1998. The Board's decision was not based on any substantial competent evidence. Further,
there were no issues raised that would give grounds for appeal of a Class II Special Permit
Application since there was no demonstration or violation of any of the City's Code requirements.
Further, the appeal request submitted by Ms. Alvarez on June 16, 1998 and her reference to an
April 7, 1998 letter which states their objections fails to establish any legal grounds for the reversal
of the Class I1 Special Permit.
We respectfully request that this appeal be scheduled at the earliest possible City
Commission meeting of the City of Miami. Additionally, we request that the undersigned by
included in any mailing of notices or any other correspondence regarding this matter.
AVL/lzc
cc: Mr. Clark Cook
Stanley P. Price, Esq.
G ADIMS\73190\ 10199[ 11083]\200628.01
7/29/98
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Miami Zoning Board
Resolution: ZB 1998-0087
Monday, July 20,1998
Ms. Christine Morales offered the following Resolution and move
its adoption
Resolution:
A RESOLUTION REVERSING THE DECISION OF THE DIRECTOR OF PLANNING AND
DEVELOPMENT AND GRANTING THE APPEAL BY MARGO ALVAREZ OF THE CLASS II SPECIAL
PERMIT APPLICATION NO. 98-0075 APPROVED WITH CONDITIONS BY THE DIRECTOR OF
PLANNING AND DEVELOPMENT ON JUNE 1, 1998, TO ALLOW NEW CONSTRICTION OF A
PARKING GARAGE PURSUANT TO ARTICLES 6 AND 9, SECTION 602.3.1 AND SECTION 1512 OF
ORDINANCE NO. 11000, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI FOR
THE PROPERTY LOCATED AT 3315 RICE STREET LEGALLY DESCRIBED AS LOT 43, LESS AND
EXCEPT THE NORTH FIVE (5') FEET AND THE WEST TEN (10-) FEET THEREOF, AND LOT 44,
LESS AND EXCEPT THE NORTH FIVE (5') FEET THEREOF, BLOCK 4, WILLIAM A. RICE
SUBDIVISION (1-13) PUBLIC RECORDS OF DADE COUNTY; ZONED SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT.
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
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. Juvenal Pina
Yes
Ms. Fernandez: Motion carries 7-0
AYE: y
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 1
r
Teresita L. remandez, Chief
Office of Hearing Boards
Case No.: 1998-0138 Item Nbr: 1
QTJARE-
June 16, 1998
m
c
Ms. T'eresita Fernandez
Office of Hearing Boards Q,
Department of Planning and Development -�
444 S.W. 2nd Avenue-7th Floor z
Miami, Florida 33130 r
RE: Class II Special Permit No. 98-0075
Dear Ms. Fernandez:
Please be advised that on behalf of 83 unit owners of
Grove Square Condominium, we strongly object and hereby request
an appeal for the above referenced parking structure.
Attached please find correspondence dated April 7, 1998
which states our objections as previously outlined.by Mr. Ronald
Schram, President of Grove Square Condominium Association and
commercial property owner.
Based on the above, we respectfully request an appeal. Should
you have any questions, please feel free to contact me at (305) 442-
7404.
Very truly yours,
Grove Square Condominium
"4
i
Mar&o Alvarez
Property Manager
cc: Board of Directors
Unit Owners
GROVE SQUARE CONDOMINIUM ASSOCIATION, INC.
2801 FLORIDA AVENUE - MAIN OFFICE - COCONUT GROVE - FLORIDA - 33133
TELEPHONE (305) 442-7404 . FAX (305) 567-9529
CITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION -
File No. 98-0075
To: Department of Off -Street Parking
c/o Mr. Clark Cook
190 NE 31" Street
Miami, FL. 33132
From: Christina Cuervo, Acting Director
Department of Planning and Development
PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: Proposal for New Construction of a Parking Garage
Address: 3315 Rice Street, North East Coconut Grove
Final Decision:
❑ Approval
Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS:
The subject proposal has been reviewed for Class II Special Permit pursuant to Articles 6 and 9
Section 602.3.1 and Section 1612 of Ordinance 11000, as amended, the Zoning Ordinance of
the City of Miami, Florida. Section 602.3.1. requires explicitly that a Class 11 Special Permit shall
be required for the location, relocation or alteration of any structure, parking area or vehicular way
or sign visible from a public street. Section 1512 sets forth that unless otherwise required by
Zoning Ordinance 11000, as amended; the Code of the City of Miami, as amended-, or the South
Florida Building Code, as amended, all City of Miami Design Standards and Guidelines may be
waived pursuant to Class II Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Department of Planning
and Development has made referrals to the following Departments and Boards.
• Zoning Division, Department of Building and Zoning.
• North East Coconut Grove NET Office, Neighborhood Enhancement Team
• City of Miami Preservation Officer.
Page 1 of 3
Their comments and recommendations have been duly considered and are reflected in this final
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance. the
following findings have been made:
FINDINGS
• It is found that the previously underdeveloped and mostly unimproved site had for years.
constituted a gap in the otherwise virtually complete fabric of buildings which make-up the
commercial core of Coconut Grove.
• It is found thdt the subject proposal, if built, will substantially ameliorate the present dearth of
parking in the SD-2 district which negatively impacts all property owners and merchants in the
area and indirectly impacts as well all adjacent residential property owners.
• It is found that the site selected for the subject proposal is ideal for it will serve to intercept a
significant portion of the traffic en route to the many establishments within the SD-2 District
thus reducing the traffic impact within the district and contributing towards the pedestrian
activity upon which its continued success is contingent. ,
• It is found that the granting of the subject petition for a waiver of design standards and
guidelines optimizes the configuration of the subject parking garage structure, allowing a
higher yield of parking spaces, while making the retail uses along the ground floor attractive
in appearance, thus promoting the intent of the SD-2 Coconut Grove Central Commercial
District.
• It is found that the subject development proposal contains a retail and commercial component
along the ground floor frontage which appropriately addresses the intended pedestrian
orientation of the district; as well as serving to disguise the visual impact of the parking
garage use within the building.
• It is found that the proposed building is of an elegant, classically inspired, design well suited
for this location since it responds to the predominantly rational style in which the buildings
adjacent to the subject property have been designed while the functional program of the
building.
• It is found that the configuration, massing and scale of the subject proposal are appropriate
for the site and context and respect the established character and architectural fabric
prevalent in the district. The landscaping proposal for the site will play a prominent role in
activating the ground level and making it more appealing both to pedestrians and nearby
residents.
• It is found that the subject site is located within an area of "archaeological sensitivity". As
determined by the Dade County Division of Historic Preservation.
Based on the above findings and the considered advice of the officers and agencies consulted on
this matter and pursuant to Section 1306 of the Zoning Ordinance, this Class II Special Permit is
hereby approved with conditions subject to the plans and supporting documentation submitted
by the applicant and on file with the Department of Planning and Development and subject to the
following condition:
Page 2 of 3 r_� w
444 BRICKELL AVENUE, SUITE 1001
MIAM1, FLORIDA 33131
TELEPHONE (305)-377-3343
FACSIMILE (30S) 377-3SOI
April ?, 1998
Arthur Noriega, V
Director of Planning and Development
Department of Off -Street Parking
190 N. E. 3" Street
Miami, FL 33132
RE: Proposed Oak Street Garage — Coconut Grove
Dear Mr. Noriega:
251A ROYAL PALM WAY, SUITE (00
PALM 8EACH, FLORIDA 33480
TELEPHONE OM)659-551I
FACSIMILE 0=)659-2288
561
I would like to first thank you for your courtesy in meeting last week with me and Margo
Alvarez, manager of Grove Square Condominium. While I understand the many
problems inherent in designing and constructing a project like the one referenced above, I
want to utilize this letter to reiterate some of the points made during our meeting..
As we discussed, I am both President of F & R Managemen Corp., owner of all of the
commercial space as well as one residential unit at Grove Square, and President of Grove
Square Condominium Association, Inc. In this latter role I represent not only my
company's interests, but also those of the other 80 residential unit owners at Grove
Square. At our last condominium association meeting, our board voted unanimously to
oppose the referenced parking garage for two reasons: the proposed design allows for no
access between Grove Square and the garage and the elevation of the garage facing
Grove Square's pool and courtyard area reflects none of the aesthetic touches that were
afforded the other three elevations of the building.
In my capacity as President of F & R Management Corp., I also strongly object to a
government agency building retaillcommercial space for rent, thereby competing with
taxpayers' businesses. I recognize that the general zoning for this area requires certain
types of retail establishments at ground level. However, based on a demonstrated need
for parking in Coconut Grove, the Department of Off -Street Parking could and should
have applied to rezone the property for use as a garage or applied for a special exception
for same. This would have allowed for greater design freedom for the garage as well as
additional, greatly needed parking spaces. Also, there would not be the need to provide
parking for the retail/commercial uses shown in the current proposed design. The need in
the area is for additional parking, not additional retail/commercial use.
THE F & R GROUP
PINE5ROOK SOUTH, LTD. RIVERGATE PLAZA, LTO. i
1
CONDITION
9. That tf e applicant retain the services of an archaeological monitor to supervise all
ground disturbing activities and to coordinate such work with the Dade County
Division of Historic Preservation.
NOTICE
The final decision of the Director may be appealed to the Zoning Board by any aggrieved
party, within fifteen (15) days of the date of issuance by filing a written appeal and
appropriate fee with the Office of Hearing Boards, located at 4" S.W. 2"° Avenue, 71h Floor,
Miami, Florida 33130. Telephone number (305) 416-2030.
�,�.,_ 6
Signature �� �,e Date 11 A g'
Christina Cuervo, Acting Director
Department of Planning and Development
Page 3 of 3
Page 2
April 7, 1998
Arthur Noriega, V
As Margo and I both stated to you, neither F & R Management Corp. nor Grove Square
Condominium Association, Inc. received any notice concerning any public hearings or
other venues where discussions and decisions concerning the referenced garage were
being made. As the property owner with the most contiguous property adjoining the
garage, we would have expected a public agency to contact us concerning their plans
prior to finalizing same. We are advised that Lennar was involved in the planning
process and the final design, with the majority of the pedestrian traffic directed toward
Lennar's Streets of Mayfair project, reflects it.
Several years ago, when your agency first planned a parking lot on this property, my
partner Frank Hessel contacted Clark Cook about allowing access from the parking lot
directly to Grove Square. As you know, the current block wall between Grove Square's
commercial area and your agency's land was erected on a temporary basis. Frank was
assured that at such time as plans were going to be developed, we would be contacted.
Over the past few years Jeff Sharmat from our office has spoken to Mr. Cook several
times to inquire as to the status of the project. At no time were we advised that plans
were being developed to include retail/commercial use and to block pedestrian access
from Grove Square. In fad, at no time has your office contacted either our company or
the Association to discuss these matters.
We have no reason to believe that either you or Mr. Cook acted in anything other than an
honorable manner with regard to the proposed design of the garage. However, as the
property owners most affected by this project, we respectfully request that immediate
steps be taken with a goal toward achieving the following desirable resuhs:
I. A more aesthetically pleasing fagade adjoining our Association's pool and
courtyard area.
2. Elimination of the retail/commercial space in this project to allow for additional
parking spaces. 1
3. Creating direct pedestrian access from the garage to the rear of Grove Square's
commercial area
Thank you for your consideration of these matters.
cc: Mr. Clark Cook
Mayor Joe Carollo
Commissioner Arthur Teele
Commissioner Thomas Regalado
Commissioner Jay L. Plummer
Commissioner Willy Gort
Commissioner Humberto Hernandez
Margo Alvarez, Grove Square
THE F & R GROUP
PINEBROOK SOUTH, LTD. RIVERGATE PLAZA, LTD.
- " S,
AFFIDAVIT
STATE OF FLORIDA }
-)SS
COUNTY OF MIAMI-DARE )
Before me, the undersigned authority, this day personally appeared ri ark cook
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. Odff- C,zApplicant'ss Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing insuM ent was acknowledged before me this day of .�•.�v+�
19�k by r-Acamk L-o� of kta,- • owkt.,!1 :5 cpAs ✓�
a �Y.,: �: c cerpee kw, on behalf of the
He/She is personally known to me orhal produ&d P2nCS0-^0,. as identification '
and who did (did not) take an oath.
Zame:
Notary Public -State of Florida
Commission No.:
My Commission Expires: 01 - Z _ 9$
t % owEr,00�rn cur iHc;s
My oonvy*wion OC-409 2a
Expi m 3ep. 21, 19M
Bonded by OW
14 aoo 800.42 4 "5
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
(See attached Warranty Deed)
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure'of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
The Department of Offstreet Parking of the City of Miami, an agency and instrumentality
of the City of Miami (100%)
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
4�i�il
Owner or Attorney for Owner
Clark Cook
Executive Director
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 15A-%n day of
1901 $, by Q la-Ac C-0 o k of ` an,; , our
a Y..-+�.•.r� C o. o► eerperalie� on behalf of . c.t�ao
He/She is personally known to me ei has prAduced—T e-' Sown"M" 4"O%-tyl as identification
and who did (did not) take an oath.
ame:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
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OWNER'S LIST
Owner's Name ngpartment of Off -Street Parking of the City of Miami
Mailing Address 190 N.E. 3rd Street, Miami, FL Zip Code
Telephone Number (305) 373-6789
Legal Description: (See attached Warranty Deed)
Owner's Name
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
None
Street Address
Street Address
Legal Description
Legal Description
Legal Description
OFF
REC.1"7A5Y*�98
THIS INSTRUMENT PREPARED BY:
Cristina Echarte Brochin, Esq.
Murai, Wald, Biondo & Moreno, P.A.
25 S.E. 2nd Ave., Suite 900
Miami, FL 33131
_ Property Appraisers Parcel I.D.
(Folio) Number(s): 01-4121-123-0020
I
Grantee(s) S.S.#(s):
96R564882 1996 DEC 12 12:
DOCSTPDEE 89910.00 SURTX 6r687.'.
HARVET RWINr CLERK DADE COUNTY, i
WARRAIM DEW
(Statutory Form - Section 689.02 F.S.)
THIS INDENTURE, made this 15th day of November, 1996, between
Earca, N.V., a Netherlands Antilles corporation of the County of
Dade, State of Florida ("Grantor"), and The Department of Offstreet
Parking of the City of Miami, an agency and instrumentality of the
City of Miami whose post office address is 190 N.E. 3rd Street,
Miami, FL 33132 of the County of Dade, State of Florida,
("Grantee")("Grantor" and "Grantee" are used for singular or
plural, as context requires).
WITNESSETH, That said Grantor, for and in consideration of the
sum of TEN AND NO/100---- -($10.00) ----- DOLLARS, and other good and
valuable consideration to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Grantee, and Grantee's heirs and
assigns forever, the following -described land, situate, lying and
being in Dade County, Florida, to -wit:
Tract S, of GROVE SQUARE, according to the
Plat thereof, as recorded in Plat Book 121, at
Page 83 of the Public Records of Dade County,
Florida.
Subject to restrictions., conditions, limitations, easements, and
reservations of record and existing zoning ordinances.
Subject to real property taxes for the year 1997 and subsequent
years.
and said Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
�0
OFF,17 G� C]ry'�
pia 1.�w�.7
IN WITNESS WHEREOF, Grantor has )entose ntor�s hand
and seal the day and year first abov Signed, sealed and delivered
in our presence: h lands
Ant
prim name: BY: Jose ierrez
M illo, 'Pre i
ADDRESS:
p int name: "NE V, .2 S .f
STATE OF FLORIDA )
): ss.
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of 1996 by Jose Antonio Gutierrez Morillo as
President of Earca, N.V., a Netherlands Antilles corporation, on
behalf of the corporation. He is Rersonall�_known to me or has
produced �l X. �C as identification.
State of Florida
Print Name:
Commission No.:
My Commission Expires:
gr5f/NIFKDM
c:\eNeca\ �rn.DID /7 :. woori�ll0=3M+
ItEccftowMoiH(:W REWRDS 900.
OF OKOE CMWTI . k'aW'W.
RECORDVEMIED
WvEY RUVIN
CU9W cacuir count
This insnument prepared by, and.
after recording. pkase return to:
ADAM R. SCHTfFMAN. ESQUIRE
2999 N.E. 191st Sneer
suite 900
North Miami Beach. ilorWa 33130
Granree(s) Taxpayer Idem9iation Number.
Property Appraiser's Parcel Idenofiation Number. 01-4121-034-0420
WARRANTY DEED
THIS INDENTURE, made this / =41, day of June, 1997, between LEISURE COLONY
MANAGEMENT CORP., a Florida corporation, hereinafter referred to as "Grantor"*, whose address is 700
N.W. 107th Avenue, Miami, Florida 33172, and THE DEPARTMENT OF OFF-STREET PARKING OF
THE CITY OF MIAMI, an agency and instrt>soentality of the City of Miami, hereinafter referred to as
"Grantee"*, whose address is 190 N.E. 3rd Street, Miami, Florida 33133.
Witnesseth that Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has
granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns forever, the following
described land, situate, lying and being in Dade County, Florida, to -wit:
Lot 43, less and except the North five (51) feet and the West ten (101) feet thereof, and Lot
44, less and except the North five (5') feet thereof, Block 4, WILLIAM A. RICE
SUBDIVISION, as recorded in Plat Book 1, at Page 13, of the Public Records of Dade
County, Florida.
THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING:
1. Taxes for the year of 1997 and subsequent years not yet due and payable.
2. Conditions, restrictions, limitations and easements of record, none of which Grantor seeks to
reimpose.
3. Applicable zoning and subdivision ordinances of the Dade County, Florida.
and Grantor does hereby fully warrant the title to said land, and will defend same against the lawful claims of
all persons whomsoever.
'When used herein, the terms "Grantor" and "Grantee" shall include the singular and plural, as context may
require.
,
fJ w. 7f t` lJ
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed and delivered in our presence: LEISURE COLONY MANAGEMENT CORP., a
Florida corporation
By:
Witness as to both) Print Name: MARK e7 Th, as vice I•resiaent
�h)l
Attest:Wi (as toN.�me��� , TOc-CL MARK BRIGGS, Assistant Secretary
1C/�
STATE OF GEORGIA
COUNTY OF FULTeC -
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 131 day of
June, 1997, by MARK GRIFFITH and MARK BRIGGS, as Vice President.aadAssistant Secretary of LEISURE
COLONY MANAGEMENT CORP., a Florida corporation, who are or who have
produced as identification, who did not take an oath, and they
acknowledged before me that they executed the foregoin instrument in their representative capacity, as their
free act and deed.
Q /1.
NOTARY LIC, STATE OF GEORGIA
Print Name:-j 8-j r
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12-26--1998 5:33PM FR0�1 GRO'vE SOJARE 3055679529 P. 1
Octobe.c 216, 1998
Mr. Clark Cook, Executive Director
City of Miami Department of Off -Street Parking
1.90 N.E. Third Street
Miami, Florida 33132
Re: Class II Special Permit for parking garage and retail proposed for approximately
3315 Rice Street
Dear Mr, Cook --
I understand the proposal made by you, as Executive Director of the City of Miami
Department of Off -Street Parking (DOSP), regarding the pending appeal of the Class 11
Special Permit for a parking garage containing retail space proposed to be built on the
South-West corner of Oak Avenue and Mary Street to entail the following: DOSP, at its
expense, will furnish an opening on the South wall of the garage, to be located so as to
coincide with the covered central court of the retail ground floor space of the Grove
Square building.
The intent and purpose of this opening shall be to allow cross -access between the two
structures; i.e., patrons of the retail establishments will be able to gain direct access to the
garage t'.irough the opening and patrons of the parking garage will be able to gain access
to the retail space through the opening as well. At our election, we may restrict this
access certain times of the evening (e,g. midnight to 9:00 a.m.).
In addition, DOSP, at its expense, has agreed that the South wall of the garage abutti%
Grove Square shall be completed in a painted stucco finish and a precast planter on the
south roof parapet and aluminum trellis at the South roof level shall remain and be
installed as indicated on the plans dated February 11, 1999, DOSP has also agreed, at its
expense, to provide additional greenery/landscaping along the aluminum trellis located at
the East and West elevations of the South wall roof level of the parking garage adjacent
to the Grove Square building.
G
2801 FLORIDP
N, INC.
- FLORIDA - 33133
r-9599
os-loso
l e-2G-1998 5 , 34PH FRONT GROVE SQUARE 30SSG79529 P _ 2
Moreover, DOSP will incur any design costs and construction costs and absorb any
revenue loss resulting from this action. DOSP's actions, intervention and responsibility,
however, will cease at the line separating the two abutting properties. Grove Square shall
be responsible for any improvements and/or operational expenses required to make the
cross -access functional and safe on its side of the property line.
Based on this understanding, I accept your proposal and agree to work with DOSP and its
representatives to accomplish the above stated objectives, under the above stated terms,
Furthermore, deeming said compromise satisfactory, I hereby withdraw my appeal of the
Class II Special Permit acknowledging any and all claims and stipulations contained
therein to have been appropriately addressed and resolved. I therefore request that the
Miami City Commission reinstate Class II Special Permit No. 98-0075, previously
rescinded by the Zoning Board at their Meeting of July 20, 1998, as a result of my appeal.
Sincerely, n'
Ll G
IMIlvaurez, Managi Agent
Grove Square Condominium Association, Inc.
98-111
080