HomeMy WebLinkAboutO-11577J-97-697
10/27/97
ORDINANCE NO. 11577
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA-AND PAGE NO. 34 OF
THE ZONING ATLAS OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR
THE PROPERTY LOCATED AT APPROXIMATELY
2734 SOUTHWEST 16th STREET; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND. PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of
September 22, 1997, Item No. 1, following an advertised hearing,
adopted Resolution No. ZB 93-97, by a seven to zero (7-0) vote,
RECOMMENDING APPROVAL of a change of zoning classification, as
hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Article 4, Section 401, of the Zoning
Ordinance of the City of Miami, Florida entitled "Schedule of
District Regulations", is hereby amended by changing the zoning
11577
•
E
classification from R-2 Two -Family Residential to C-1 Restricted
Commercial for the property . located at approximately
2734 Southwest 16 Street, Miami, Florida, more particularly
described as Lot 8 less north 10.00 feet thereof and Lots 25 and
26 less the south 130.00 feet in Block 9, )REVISED PLAT OF
GRAPELAND SUBDIVISION, as recorded in Plat Book 3 at Page 196, of
the Public Records of Dade County, Florida.
Section 2. It is hereby found that this zoning
classification change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
1577
- 2-
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 34 of the Zoning Atlas, made a part
of the Zoning Ordinance of the City of Miami, Florida, by
reference and description in said Ordinance, is hereby amended to,
reflect the changes made necessary by this Amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions.of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective
simultaneously with its companion Comprehensive Plan amendment
(Ordinance No. ), which takes effect thirty-one (31) days
after final reading and adoption thereof pursuant to Section
163.3187 (3) (c) , Fla. Stat. (1996) .
- 3 - 11577
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
October 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of November , 1997.
XAVIER L. SUAREZ, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPAREDzAND/APPROVED BY:
YAM E 7CTNESS:
TREHY
ASS STAATTORNEY
APPROVE FORM
AND COR
12
A. Q1fiNN J N S, III
CITY ATTO Y
W370:YMT:ah
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 legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
regard qq sar �s , t `rci ing veto.��
LTER T:` FOEMAN, CITY CLERK
-4- 11577
ZONING FACT SHEET
Case Number: 1997-0027 22-Sep-97
PZ- 8
SECOND READING
Item No: 1
Location: 2734 SW 16 Street
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Alfredo Hidalgo, President for ARCCA Inc.
1600 NW 27th Avenue
Miami, Florida 33145
App. Ph: (305) 448-3728
Zoning: R-2 Two-family Residential
Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 4, Section 401, Schedule of District
Regulations from R-2 Two -Family Residential to C-1 Restricted Commercial.
Continued from Zoning Board of July 7, 1997 in order for it to be heard first
by the Planning Advisory Board of July 16, 1997. On July 16, 1997 there
was no quorum for the Planning Advisory Board. Therefore this item will be
heard by the Planning Advisory Board on September 17, 1997.
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: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date
CEB Action:
1577
IACD18 96ATED .ZONING FACT SHEET
y 10
Case Number: 1997-0027 22-Sep-97 . Item No: 1
History: Continued from Zoning Board of July 7, 1997 in order for it be heard by the
Planning Advisory Board of July 16, 1997. On July 16, 1997 there was no quorum
for the Planning Advisory Board. Therefore this item will be heard by the Planning
Advisory Board on September 17, 1997.
Analysis: Please see attached.
Zoning Board Resolution No: ZB 93-97. Approval Vote: 7-0 .
Appellant: N/A
City Comuission: passed First Reading on CC 10/28/97.
Mr. Henry Crespo offered the following Resolution and moved its adoption.
RESOLUTION ZB 93-97
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE
CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS,
PAGE 40, THE ZONING ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2734 SW 16 STREET
LEGALLY DESCRIBED AS LOT 8, LESS NORTH 10.00 FEET; LOTS 25 AND 26 LESS
THE SOUTH 130.00 FEET THEREOF, BLOCK 9, REVISED PLAT OF GRAPELAND (3-
196) PUBLIC RECORDS OF DADE COUNTY; ZONED R-2 TWO-FAMILY RESIDENTIAL,
Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the
following vote:
AYES: Mses. Basila, Hernandez & Morales Messrs. Barket, Crespo,
Obregon & Moran-Ribeaux.
NAYES: None
ABSENT: Ms. Cuervo Mr. Gibbs
Ms. Fernandez: Motion carries 7-0
Teresita L. Fernandez, Chief
Office of Hearing Boards
September 22, 1997
Zoning Board
Item # 1
SE= 2210. trim AM Mpi t Q MG MM MWW m mZ aMUS=.
then Mrtaini a to the reacting of,,,,land I apPlicatim Oak miler section 1202.1(e), the
report and recoc emda ions of the Zoning Board shaLl short that the Z4nlzg Board has studied and
. "*— applicable. whether or not:
(a) 'Is MOPosd dwW conform with the adopted Hiner CcmprmN=ive Neighborhood plan
aid does not raqutre a plan aaodma=;
(b) Ma MWo d die is in barway y with the estabLisimd land um pattern;
(c) 'fie proposed dwW is related to adjawa mad nm z* districts;
' 7he clangs allosted is rat out of scale with the needs of the asidwod or the
may;
(e) Mu I - I derive ..1„r.1w the as: cc siedlar popalatim density Pattern and
darWy dome not lacsane or ovum the lod an public faetlltin such as add,
111f1rr� a'CIomts, str
(f) padstirig district bmus arlme an it ;L= drimn is nation to eastiig
CndiGims m the propeM prap�sed for dmngs;
C9) Qw4pd cc dseo aooditioon solos the pomp of the pr'I I bi dmW nsomeary;
(h) 72m praI dmooe Padtivdly lafluaoom livlcg caodittm is the naighhoehood;
(L me dsgs has ohs ems oe dill! topeei on etdM mod does not affect
Public safsty to a gteetsr acme elan the adating clamlfieaclon;
Q) The praI - I duo bm the ss; cr slie lac lspsat m drainage s the eslstin
c]asaificatian:
W 201 dmoP hm eha sa• or atedl— Impoct m U& and air to adjsrsst
areas a the adstiq classifiratioo:
(1) 'its pr+opad dmw has do memo cc siad]ar iopeet an peapaty vah m in ttm
adjaoeot area as the adod cloesifieatim;
(2) 'Its Ptaposad dmogt sill aetribrte to the iopeumoe or dsmlapmt of adjaomt
kmWuty in aoamd eilh edstlnj regAncloos;
(n) 'its Peal d dwV aww"s the si tresemot to the indivlduel acneor as to ornrss
within the same elamifiraian and the la.dia n am and fustlrn the pemtmctlm
of the Public relfare;
(o) Thae are substantial roam why the use of the peapsety Is unWrly liatted under
adatim amu g;
(P) It In diffiadt to find other adegaeme sits in the surromdiag area for the
ptopoad use in astride alredy pondtting suds use.
(lD=) Auer a-wh acing the factots set forth in Sectim 2210 of 5100b, I �oowe thst
(Waftit• ) be remsmmdd to Ca m"U n for
• atprvual) dmnial). /
1157"7 5
ANALYSIS FOR ZONING CHANGE
Approximately 2734 SW 16" Street.
CASE NO: 1997-0027
Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, the subject proposal for an amendment
to the Zoning Atlas has been reviewed as follows:
The request is to change the Zoning designation as follows:
Lot 8 less the north 10.00 feet thereof and lots 25 and 26 less the south 130.00 feet
thereof, in Block 9, REVISED PLAT OF GRAPELAND SUBDIVISION, (3 -196),
from R-2 "Two -Family Residential" to C-1 "Restricted Commercial'.
The following findings have been made:
• It is found that the subject property has the C-1 classification immediately to the east
and, the proposed change will be a logical extension of the commercial classification.
• It is found that the subject parcel is currently being used partially as a parking area for
the adjacent commercial lots to the east, fronting SW 27 h Avenue and under the same
ownership.
• It is found that the adjacent properties to the west and to the south comprised of sev-
eral lots under one ownership are currently being used as a Florida Power and Light
substation. The FPL substation use on this property is legal despite its current zoning
designation of R-2.
• It is found that the subject property has remained as a vacant lot with a R-2 designa-
tion due to it being surrounded, except for on the north side, by the FPL commercial
use as well as the existing gas station to the east. This situation has limited the poten-
tial development of the subject property.
• It is found that the requested change to R-2 will increase the possibility of the sub-
ject property being developed in a manner which will directly benefit the adjacent ar-
eas.
Based on these findings, the Department of Planning and Development is recom-
mending approval of the application as presented.
9.15'77
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�PoaQom1®1�
APPLICATION FOR AMEANT TO ZONING ATLASFile Number 92-
1, ALFREDO HIDALGO.- ARCCA INC. PRESIDENT , hereby
apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of
Miami as more particularly described herein and, in support of that request, furnish the following
information:
XX 1. Address of property: 2734 SW 16 Street MIAMI, FLORIDA, 33145
XX 2. Two surveys, prepared by a State of Florida Registered Land Surveyor.
XX 3. Affidavit disclosing ownership of property covered by application and disclosure of interest.
(See attached form.)
XX 4. Certified list of owner of real estate -within a 375-foot radius of the outside boundaries of
property covered by this application. (See attached form.)
XX 5. At least two photographs that show the entire property (land and improvements.)
XX 6. Atlas sheet(s) on which property appears: Sheet N° 40
XX 7. Present zoning designation(s): DUPLEX RESIDENTIAL
XX 8. Proposed zoning designation(s): RESTRICTED COMMERCIAL
XX 9. Statement explaining why present zoning designation is inappropriate. (See attached form.)
XX 10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
11. Other (Specify)
— 12. Filing fee of = according to following schedule:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area ............. $ 0.12
Minimum....................................................... $550.00
R-3,.R-4, 0, G/I, per square foot of net lot area ............. $ 0.16
Minimum...........................................6........... $650.00
C-1, C-2, I, per square foot of net lot area .................. $ 0.20 .-(9,57 7 SF)
Minimum....................................................... $750.00
CBD and all SD's, per square foot of net lot area ............. $ 0.22
Minimum....................................................... $850.00
Signature:
Name: ALFREDO HIDALGO.- ARCCA INC. -PRESIDENT
Address: 1600 SW 27th Avenue.- Miami, Florida, 33145
Phone: (305) 448 3728
STATE OF FLORIDA } SS:
COUNTY OF DADE }
ALFREDO HIDALGO being duly sworn, deposes and says that he is the (Owner)(Authorized Agent for
Owner) of the real property described in answer to question 1 above; that he has read the foregoing answers
and that the same are -true and complete; and (if acting as agent for owner) that he has authority to execute
this petition on behalf of the owner.
(SEAL)
SWORN TO AND SUBSCRIBED ALF9EDO HIDALGO.- ARifCA INC.-PRESIDENT
before me this 29 day of A' , 19 97
x
MY COMMISSION EXPIRES: ESTHER REYES Notary Public, S e of Florida at Large
�44R
0-COMMISSION # CC615933
EXPIRES JAN 26,2001
BONDED THROUGH
OF ATLANTIC BONDING CO. ING
5 77
29 MAY 1997
CITY OF MIAMI
Hearing Boards Division
Planning, Building and Zoning Division
444 SW 2 Avenue.- (7th Floor)
Miami, Florida, 33130
REFERENCE: 1600-08-24 SW 27th Avenue.- Miami, Florida, 33145.
LEGAL: 8 less North 10.00 feet; Lots 25 and 26 less South 130.00 thereof
all in Block 9. "REVISED PLAT OF GRAPELAND", Plat Book 3, Page 196.
Dade County, Florida.
SUBJECT: Statements for application to, proposed new Zoning Designation.
DEAR HEARING BOARDS:
-Statement explaning why present zoning designation is inappropiate.
The proposed pieces of land are in a "Unit of Title" with the Lots 4,5,6 and 7
of the same Subdivision and Block, and all them are abutting by the North and the
East with the Zoned Restricted Commercial, by the South with the Florida Power
and Light CO. Utility lots, and by the West with the VFW.- Veterants of
Foreing Wars Post 1608.
- Statement to why proposed zoning designation is appropiate.
The captioned lots are integrated with the Main Land of the existing
"CITGO GAS STATION" in a Unit of Title with this main piece of land and
abutting all around with the zoned Restricted Commercial or Utilities.
Permitting with the change of zoning the enhacement of the entire property
and the neighborhood at permitted the beautification of the area.
Sincerely
d
AL�EDODLGO
ARCCA INC.- President.
ARCCA INC.
1600 SW 27th Avenue
Miami, Florida, 33145
Phone: (305) 448 3728
11577 15'
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
ALFREDO HIDALGO , who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion 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, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
x (SEAL)
(Name)ILFREDO HIDALGO. ARCCA INC. PRESIDENT
Sworn to and Subscribed before me
this 29 day of MAY 19 9I PI/ ESTHER REYES
0V COMMISSION # CC615933
♦ EXPIRES JAN 26.2001
IL ft 80NM THROUGH
AnAWIC BONDING CO INC
Notary Public tate of Florida at Large
My Commission Expires:
11577/7
OWNER'S LIST
Owner's Nose Alfredo & Monica Hidalgo
Mailing Address 2734 SW 16th Street
Telephone Number 448-3728
Legal Description: Lot 8, Less North 10.00 feet; lots 25 and 26 less the South
130.00 feet thereof, all in Block 9, Revised plat of Grapeland
(3-196) Public Records of Dade County
Owner's Name Alfredo Hidalgo Jr.
Mailing Address 555 NE 34th Street, #1602
Telephone Number 571-9314
Legal Description: Same as above
Owner's Name Caridad & Ramon De La Rosa _
Mailing Address 13920 Cypress Court
Telephone Number 822-6370
Legal Description: Same as above
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 373 feet of the subject site is listed as Sollars:
Street Address Legal Description
Please see "Exhibit A"
Street Address 1-00al Description
Street Address Legal Description
® DISCLOSURE OF OWNERSHIP 0
1. Legal description and street address of subject real property:
ADDRESS: 2734 SW 16 Street - Miami, Florida, 33145
LEGAL: Lot 8 less North 10.00 Feet;lots 25 and 26 less the South 130.00 feet
.thereof, all in Block 9, "REVISED PLAT OF GRAPELAND", Plat book 3,
Page 196.- DADE COUNTY, 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 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.
- ALFREDO HIDALGO.- . . . ARCCA INC. .SHAREHOLDER.- 20%
- MONICA HIDALGO.- . . . if It
it .- 20%
- ALFREDO HIDALGO JR.- . it it if .- 20%
- CARIDAD DE LA ROSA.- . It it " 20%
- RAMON DE LA ROSA.- . . If
if 20%
3. Legal description. and street address of any real property (a) owned by .any party
listed in answer to question 12, and (b) located within 375 feet of the subject
real property.
Yes, See Exhibit "A"
ALFREDO HIDALGO.- CCA INC. President.
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE }
ALFREDO HIDALGO.- ARCCA Inc. PRESD.being duly sworn, deposes and says that he
is the (Please Print) (Owner) (a4tlsotaasgoacie) of the real property described in
answer to question #1 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 authority to
execute the disclosure of Ownership form on behalf of the owner.
�e
ALFRALG/CCA INC. PRESD.
(SEAL)
Signature of Owner or Attorney for Owner
ESTHER REYES
SWORN TO AND SUBSCRIBED iF 000MMISSION # CC615933
before me this 29 f EXPIRES JAN 26.200I
day of MAY 19 97 w 50NM natouc4
No ic, State of Florida at Large
MY COMMISSION EXPIRES:
115770)/
EXHIBIT "A"
Lots 4 and 5, less the East 35 feet thereof, and Lot 7,
less the North 10 feet thereof, all in Block 9, in the
Revised Plat of Grapeland, according to the Plat thereof,
as recorded in Plat Book 3, Page 196 of the Public Records
of Dade County, Florida; and
Lot 6, less the East 35 feet thereof, in Block 9, in the
Revised Plat of Grapeland, according to the Plat thereof,
as recorded in Plat Book 3, Page 196 of the Public Records
of Dade County, Florida.
•
•
27 MAY 1997
TO WHOM IT MAY CONCERN:
I hereby attest, MR. ALFREDO HIDALGO, is the President and Director of the:
ARCCA INC., a Florida Corporation was filed on 31 JAN 1997, with a
Corporation Number: P97000009782.
Sincerely,
MONICA HIDALGO.
Secretary of ARCCA INC.
1157"7�
ACTION BY WRITTEN CONSENT OF THE STOCKHOLDERS OF
ARCCA, INC.
The undersigned, being all of the stockholders of ARCCA,INC.
take and adopt the following action in writing without meeting on
the date below written pursuant to the applicable provisions of the
Florida Statutes:
RESOLVED:
1. That Alfredo Hidalgo, Sr. may take any and all lawful
measures in the operation and management of the Citgo Gas station
located at 1600 SW 27 Ave., Miami, Dade County, Florida; including
but not limited to all actions with respect to representing the
interests of the corporation before any governmental offices,
agencies or boards.
2. That the proper officers of the corporation take all
actionsthat are necessary to effectuate the foregoing resolutions.
DATED: �('A7pw1 gyp✓ 7 1997.
Alfredo Hidalgo, Sr.
Alfxedo Hidd go, Jr.0
Ramon de la Rosa
Caridad de la Rosa
Mghi.ca Hidalgo
A0 . 11577
et'- 17575PI0128
RETURN TO:
Gonzalo Perez, Jr., Esq.
2151 Le]eune Road Mezzanine
Coral Gables, FL 33134
THIS INSTRUMENT PREPARED BY:
]AN K. SEIDEN, ESQ.
2250 SW Third Ave. 5th Ff.
Miami, FL 33129
PROPERTY APPRAISERS PARCEL (FOLIO)NO:
01-41 10-002-1790
01-41 10-002-1780
SOCIAL SECURITY NO. (GRANTEE):
•
WARRANTY DEED
Sr -
THIS WARRANTY DEED made the oy�ay of March, 1997, by WILFREDO' RABAGH, joined by his wife,
ELECTRA RABAGH, hereinafter called the grantors, to ARCCA, INC., a Florida Comoration„ whose post office
address is 1600 SW 27th Avenue, Miami, FL 33145, hereinafter called the grantee: (Wherever used herein the terms
"grantors " and "grantee" include all parties to this instrument and the heirs, legal representative and assigns of individuals,
and the successors and assigns of corporations).
WITNESSETH: 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, releases, conveys and confirms unto
the grantee, all that certain land situate in Dade County, Florida:
Lots 4 and 5, less the East 35 feet thereof, and Lots 7 and 8, less the North 10 feet
thereof, and Lots 25 and 26, less the South 130 feet thereof, all in Block 9, in the
Revised Plat of Grapeland, according to the Plat thereof, as recorded in Plat Book 3, Page
196 of the Public Records of Dade County, Florida; and
Lot 6, less the East 35 feet thereof, in Block 9, in the Revised Plat of Grapeland, according
to the Plat thereof, as recorded in Plat Book 3, Page 196 of the Public Records of Dade
County, Florida.
SUBIECT TO:
1. Easements, Reservations, Restrictions, Encroachments, and Limitations of Record; Matters
of Plat, Existing Zoning and Governmental Laws, Ordinances and Regulations.
2. Real Property Taxes for 1997 and all subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantees that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of
all encumbrances, except taxes accruing subsequent to December 31, 19 96 .
y
i 157749�7 `�
"' 17575P[0729
IN WITNESS WHEREOF, Aid grantors have signed and sealed these p9nts the day and year first above
written.
SIGNED, SEALED a DELIVERED
IN OUR PRESENCE: (As to all Grantors)
Print Name: . ,n e,t
STATE OF FLORIDA
COUNTY OF DADE
'0l
rint N e: WILFRE O RABAGH
Addres . 836 Genoa Street.
Coral Gables, FL 33134
Print Name: ELECTRA RABAGH. hi wife
Address: 836 Genoa Street.
Coral Gables, FL 33134
BE IT KNOWN that on the 2� —day of March 1997, before me, a Notary Public in and for the State of
Florida, duly commmoned and sworn, personal�i all eared I sL REMDO RABAGH and ELECTRA RABAGH, his wife, to
me personally known, or who have produced / identification (driver's license) and who
executed the foregoing huumnent for the purposes exprewd dkieffin, and acimowk*ed the within instrument to be
their act and deed. ,e,*-p 03-3/—fcl;L—O
written.
IN WITNESS WHEREOF, I have herewto subsa�t�my name and
PUBLIC,
JM K. SEM
MY COMMISSION EXPIRES:MY cowmam r tcaeos3s EMAES
June & 190
��Af.t� 1fNu 1ROv fABI uWMUt(CE, �wC.
THIS INSTRUMENT PREPARED BY: ]AN K. SEIDEN, ESQ.
22SO SW third Avenue,Sth Floor
Miami, FL 33129
by seal of office the day and year above
MtCORDE15IN OFFICIAL RECORDS 8000<
OF DADE COUNTY, FL ORDA.
RECORD VERIFIED
HARVEY RUVIN
CLERK CIRCUIT COURT
I
STOCKHOLDERS' AGREEMENT
THIS AGREEMENT made this �day of February, 1997, between
Alfredo Hidalgo, Sr., Monica Hidalgo, Alfredo Hidalgo, Jr.,
Caridad Hidalgo de la Rosa and Ramon de la Rosa, and ARCCA, Inc.,
hereafter called CORPORATION.
1. The stockholders have associated themselves in the
ownership of the capital stock of the CORPORATION, with the
intention that certain specific agreements now about to be set
forth should be eI1tered into betwoon them and thn CORPORATION
respecting the ownership of the stock, transferability of the
stock, and the method of exercising the rights, powers and duties
of stock ownership.
2. The individual persons to this agreement presently own or
are subscribers to 1001i of the capital stock of the CORPORATION.
3. The stockholders herein desire to promote their mutual
interests, the interests of all stockh6 ders of the CORPORATION,
and the interests of the CORPORATION by imposing certain
restrictions and obligations on the stockholders and shares of
capital stock owned by them or subscribed by them, in the
CORPORATION.
4. As of the date hereof the CORPORATION is owned as
follows:
NAME
Alfredo Hidalgo, Sr.
Monica Hidalgo
Alfredo Hidalgo, Jr.
Caridad Hidalgo de la Rosa
SHARES OF STOCK
100
(20°s)
100
(20%)
100
(20%)
100
(20%)
1157�
Ramon de la Rosa 100 (20%)
representing the total issued and outstanding shares of the capital
stock of the CORPORATION.
NOW THEREFORE, in consideration of the foregoing premises and
of all the mutual promises and covenants set forth below, the
parties to this agreement agree as follows:
5. MANAGEMENT: The stockholders agree that Alfredo Hidalgo,
Sr. shall be the President .and chief managing officer of the
6. PROFITS: The net profits of the CORPORATION, after
payment of taxes, shall be distributed to the stockholders as their
respective capital stock_ ownership appears` at the time of
declaration -of dividends. Provided, profits may be retained in
reserves or special funds or accounts for purchase of equipment,
inventory,' supplies, and payment of corporate debts.
7. SALARIES: The stockholders who perform employment
duties shallreceive salaries for performing such duties but shall
not receive compensation for services as officers or directors of
the CORPORATION. However, nothing in this agreement shall preclude
the payment of bonuses based upon sales, profits, or ,other
criteria, provided all parties to this agreement are of mutual
accord.
8. CUSTOMERS: The names and addresses of all customers of
the CORPORATION are the property of the CORPORATION. The
stockholders shall not solicit the customers for any purpose other
than for the purpose of the CORPORATION's business. This covenant
shall continue to be in full force and effect as. long as this
11577
instrument or trust document shall be necessary.
Offer to sell. Any stockholder (including family members
and transferees of the parties to this agreement) desiring to sell
all or part of the capital stock of the CORPORATION shall first
offer such stock, in writing, for sale to the CORPORATION at the
same price and terms as made by a bona fide prospective purchaser.
Offer to stockholder. If the CORPORATION fails to
purchase the capital stock offered within thirty (30) days after
receipt of the written notice from the offering stockholder or
transferee, then the same offer shall be made in writing to the
remaining stockholder and transferee.
Sale to bona fide purchaser. If the remaining
stockholder or transferee fails. to purchase the capital stock
offered within, fifteen (15) days after receipt of the written offer
from the offering stockholder or transferee, then the offering
stockholder may sell the capital stock to the bona fide purchaser.
However, the sale must be made pursuant to the same terms and
conditions, including price, as was offered to the CORPORATION and
the remaining stockholder. further, the sale must be consummated
within thirty (30) days from the expiration date within which the
other stockholder had the right to purchase the capital stock.
Evidence that the sale has been so consummated shall be supplied in
writing by the offering stockholder and the purchaser to the other
stockholder and CORPORATION. If the sale has not been consummated
as stated above, the sake to the same prospective purchaser or
another.cannot be consummated without first offering the capital
stock to the CORPORATION and the remaining stockholder or
3� 11577
agreement is in full force and effect and for one year after any
stockholder ceases to be a stockholder in the CORPORATION.
9. STOCK RESTRICTIONS AND LIMITATIONS:
Sale, assignment and transfer. No stockholder shall
sell, assign, pledge, transfer or otherwise dispose of or encumber
all or any portion of the capital stock owned without prior written
permission of the other parties to this agreement, except as is
stated in this agreement.
Gifts to family. Each stockholder may transfer all or
part of the capital stock owned by the stockholder by gift to the
benefit of the stockholder or other member of the immediate family
(i. e. spouse, siblings or grandchildren). In the case of any such
transfers, the transferee shall receive and hold the shares of
stock subject to the terms of this agreement and any modifications
thereof, and the transferee may not transfer the stock to any
entity other than the immediate family of the stockholder executing
this agreement. Transfers to family members shall not relieve the
stockholder of any terms or conditions of this agreement. A family
member receiving stock ownership pursuant to this paragraph shall
be considered the same as ownership by the stockholder for the
purposes of paragraph,"411 above. Any shares of capital stock
received by a family member pursuant to this agreement and this
paragraph shall be subject to a voting trust agreement pursuant to
which .the family member receiving title to the capital stock shall
designate the transferring stockholder as the voting trustee with
full rights of voting the shares of capital stock. This agreement
shall be sufficient to create a voting trust and no further
7
transferee as provided in this agreement.
Bona fide. Bona fide shall mean an offer evidenced by a
written contract to buy the capital stock, subject to the terms of
this agreement and any modifications thereof, and the contract must
be executed by the proposed purchaser and the stockholder or
transferee and supported by proof of a deposit in any bank or trust
company, in escrow, of a sum not less than ten percent (10%) of the
total proposed purchase price. The deposit in escrow must be
applicable to the purchase price and refundable only upon the
failure of the consummation of the purchase.
10. AUTHORIZATION: The CORPORATION is authorized to enter
this agreement by virtue of a resolution adopted at a special
meeting of the stockholders and directors held on February 20,
1997.
11. NOTICES: All notices given pursuant to this agreement
shall be deemed to have been duly given if mailed by registered or
certified mail to each of the parties to this agreement to their
home addrress or to such address as each may designate in writing
by registered or certified mail to the other parties to this
agreement. '
12. SUCCESSORS: This agreement shall inure to the benefit of
and be binding upon the parties to this agreement, their respective
heirs, successors, assigns and transferees.
13. EVIDENCE OF TRANSFER: Upon any transfer pursuant to this
agreement, the parties hereto shall provide such documentation and
evidence of transfer as is necessary to record the transfers on the
records of the CORPORATION.
11577�
14. APPLICABLE LAW: This agreement shall be construed and
enforced in accordance with the laws of the State of Florida.
15. SEVERABILITY: In the event any provision of this
agreement shall be declared or held by a court of law to be invalid
or unenforceable, the remaining provisions of this agreement shall
remain in full force and effect.
16. REMEDIES: The rights and remedies of any party to this
agreement shall not be mutually exclusive. The exercise of one or
more of the remedies shall not preclude the exercise of other
remedies. The parties to this agreement confirm that damages at
law may be an inadequate remedy for a breach or threatened breach
of any provision of this agreement and therefor agree that in'the
event of a breach or threatened breach of any provision of this
agreement the respective rights and obligations under this
agreement shall be enforceable by specific performance, injunction,
or other equitable remedy. Nothing contained in this agreement is
intended to, nor shall it, limit or affect any right at law or by
statute or otherwise of any party aggrieved as against the other
for a breach or threatened breach of any provision of this
agreement. The rights of the parties to this agreement may be
enforceable in law or in equity.
17. ATTORNEY'S FEES: The successful party to any litigation
between and among the parties to this agreement shall be entitled
to recovery of reasonable attorney's fees and court costs. The
court may apportion fees or award fees based upon success in
various claims or parts of any litigation.
18. ENTIRE AGREEMENT: This agreement contains the entire,
it
agreement between the parties and any waiver .or modification of the
terms of this agreement shall be in writing and executed by each
party to this agreement.
IN WITNESS WHEREOF, the parties to this agreement have
executed this agreement on the day and year recited above.
WITNESSES:
47
Ct &'14-1
onica Hi lgo
f do Hidalgo, Jr.
l
& d
Caridad algo a la Rosa
11577 ��
ATTEST: //&/6-0/-�- VIIJ,9e �F:14FI
ecretary
Corporate Seal
3(�
Ramon de la Rosa
By: ,
President
11577
C,
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11577
In the .......... XXXXX Court,
wDeClished to a ctnt@ytgpaper In the Issues of
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore _
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office In Miami In said Dade County, Florida, for a period of
onfr?i
preceding the first publication of the attached
coIsement; and afflant further says that she has
netor promised any person, firm or corporation
anyrbate,commisslon orrefund forthe purpose
ofis advertisement for publication In the said
1:4 � ffl�� � F) W/ M
11 a eio a,s Vs d e me T
...... y of . ........ ... ... . .. A.D. 19......
(SEAL) Pv OFFIC, I�NOTARY SEAL
JANETT LLERENA
Sookle Williams p il �i hC to �MMIsSION NUMBER
* S *
?'�s 7j Q CC566004
MY COMMI£;SION EXPIRES
�OF P.O� JUNE 23,2000
-CITY OF MIAMI, FLOI3MA:
LEGAL MOTICE".
All interested persons will take notice that on the 26th day of No-
vember, °1997, the City" Commssion of Miami; Florida, adopted tire"
following titled ordinances: - ».
ORDINANCE NO.11572
AN`,EMERGENCY ORDINANCE AMENDING ORDINANCE
N0. 11396, ADOPTED AUGUST 23, -1996, WHICH. ESTAB-
LISHED INITIAL. RESOURCES AND INITIAL APPROPRIA-
TIONS FOR.,I-A. SPECIAL 'REVENUE .FUND ENTITLED:' -;
'VICTIMS OF'CRIME ACT', "THEREBY INCREASING SAID `
APPROPRIATION, IN THE AMOUNT OF $7,980.08,,'CON
SISTING OF - A GRANT FROM THE ,STATE'OF FLORIDA, . -
OFFICE OF THE ATTORNEY GENERAL- AUTHORIZING
THE CITY' MANAGER TO ACCEPT SAID GRANT AND TO
.EXECUTE.THE NECESSARY DOCUMENTS, -IN -A FORM
ACCEPTABLE TO THE.CITY ATTORNEY, FOR THIS,PUR--
POSE CONTAINING,A REP.EALERPROVISION -AND SEW
ERABILITY CLAUSE;, PROVIDING FOR- AN EFFECTIVE
_ DATE c } •'
ORDINANCE N0.11573' '
AN ORDINANCE AMENDING CHAPTER_46.OF THE CODE
OF THE .CITY`OF`MIAMI, FLORIDA, AS AMENDED, ENTI-
TLED: 'PUB LIC:'NUISANCES', TO AMEND THE DEFINI-
TION OF.. THE, TERMS 'OPERATOR',AND
°SUBSTANTIATED ; :INCIDENT' (AS IT RELATES " TO . A
BREACH- .OF •SECTION � 6-39 AND/OR CHAPTER 36b
CHANGE: THE, :REQUIREMENTS FOR NOTICE" PROCE
DURES, AND PROVIDE THAT FINES MAY BE LIENED, I
MORE PARTICULARLY BY AMENDING SECTIONS46-1;
46.-31' AND 46-9 OF - SAID -.CODE; CONTAINING A`.,R.E_
PEALER .PROVISION,- A_: SEVERABILITY_CLAUSE-,AND -
PROVIDING FOR AN EFFECTIVE DATE. _•,
ORDINANCE NO.415740 "'I k , ,
AN -EMERGENCY ORDINANCE RE O THE INTER th 1
NATIONAL, TRADE. BOARD ("BO EPEA
THEIR ENTIRETY, SECTIONS 2 9 2-922 THE
CODE OF THE CITY OF MIAMI, FLO,F 1rb , AS AME DED
AND SUBSTITUTING IN LIEU THEREOF'j`NEW SIONS� � 1
2-921 THROUGH 2-930, THEREBY CREATING D ES- . • .i
'TABLISHING SAID BOARD AS A LIMITED AGENCY OF
THE CITY TO BE KNOWN ; AS , THE "INTERNATIONAL
TRADE BOARD"; FURTHER SETTING FORTH : SAID.. ==`_
AGENCY'S PURPOSE; AND PROVISIONS FOR ELIGIBIL-
ITY FOR MEMBERSHIP, TERMS OF OFFICE, OFFICERS;;° h
MEETINGS, QUORUM, VACANCIES, POWERS AND DU- ;
TIES, .PROVIDING FOR AN EXECUTIVE DIRECTOR,
PERSONNEL, AND .COUNSEL REPRESENTATION, .AND
BUDGET -AND. AUDIT RESPONSIBILITIES;- -FURTHER `."..{
AUTHORIZING -.SOLICITATION OF. CONTRIBUTIONS AND J
FINANCIAL SUPPORT;. CONTAINING A REPEALER -PRO:
VISION, XSEVERABILITY CLAUSE; AND•PROVIDING FOR
AN EFFECTIVE._DATE.
ORDINANCE NO.11575
AN EMERGENCY. ORDINANCE AMENDING- DIVISION
SEC. 2-.111, OF THE CODE ,OF THE CITY OF ,MIAMI �.
FLORIDA, AS. AMENDED, ENTITLED: 'SUPERVISION AND .n
CONTROL OF :ATTORNEYS EMPLOYED BY- THE CITY '
THEREBY PROVIDING FOR THE MAYOR,'TO ENGAGE --';
SPECIAL COUNSEL UNDER CERTAIN CONDITIONS AS,
HEREIN SPECIFIED; CONTAINING' A REPEALER•PROVI _: ,
SION AND'A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE:
ORDINANCE.NO.11576 ,
AN •ORDINANCE; AMENDING THE FUTURE' LAND USE
MAP OF THE COMPREHENSIVE,NEIGHBORHOOD,PLAN
BY CHANGING THE LAND USE DESIGNATION OF. THE
PROPERTY LOCATED'. AT APPROXIMATELY 2734
SOUTHWEST- I&H STREET, FROM DUPLEX RESIDEN
TIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;' `
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;.:.,:.
CONTAINING A REPEALER PROVISION AND A_SEVER- ..
ABILITY CLAUSE; -AND PROVIDING FOR AN. EFFECTIVE ; -
DATE.. '
"ORDINANCE NO 11577
AN ORDINANCE'..AMENDING TORDINANCE
OF THE CITY OF MIAMI, FLORIDA AND PAGE NO. 34. OF
THE -ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE, ZONING CLASSIFICATION FROM R-2 '
TWO-FAMILY. RESIDENTIAL TO C-1 RESTRICTED COM-
MERCIAL FOR THE PROPERTY LOCATED AT APPROXI-'-
MATELY 2734 - SOUTHWEST 16TH STREET;, MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND_ PROVIDING FOR AN EF-
FECTIVE DATE.
ORDINANCE NO. 11578 =j
AN. -EMERGENCY ORDINANCE AMENDING'CHAPTER 62
ARTICLE IX ' OF' THE CODE OF. THE CITY' OF_ MIAMI
r+
FLORIDA,: AS AMENDED;,TO REDUCE THE NUMBER OF-`:`
MEMBERS REQUIRED .iFOR `A QUORUM AND, VOTING
FOR-" THE URBAN`;;DEVELOPMENT REVIEW„ BOARD ' r -;
MORE PARTICULARLY BY.AMENDING.S,ECTION 62-259' "-
OF SAID CODE; CONTAINING A REPEALER:"PROVISION,
AND A SEVERABILITY,CLAUSE; PROVIDING FOR AN EF-;,;X4t'
FECTIVE DATE.'
Said ordinances may be inspected by the public, at the Office of the
City Clerk; 3500 Pan American Drive, Miami; Floritla; Monday,through
Friday, excluding holidays, between the hours of t; a.M. and 5 p.m:.
.�� `'Cq OFF z.