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HomeMy WebLinkAboutR-97-0216J-97-130 2/12/97 RESOLUTION NO. 9 orryy — 216 A RESOLUTION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING THE j PUBLIC USE OF A PUBLIC RIGHT-OF-WAY BEING THE ALLEY RUNNING EAST TO WEST FROM SOUTHWEST 42ND AVENUE TO SOUTHWEST 43RD AVENUE BETWEEN SOUTHWEST 7TH STREET AND SOUTHWEST 8T STREET, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, ZONED C-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL; SAID ACTION BEING A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1424-A "ANTHONY ABRAHAM TRACT". WHEREAS, the Miami Zoning Board at its meeting of i November 4, 1996, Item No. 2, duly adopted Resolution No. ZB 120-96 by a nine to zero (9-0) vote, recommending APPROVAL as set forth herein; and WHEREAS, the City Commission finds that it is in the best i interest of the general welfare of the City of Miami and its I i inhabitants, to grant the vacation and closure of a right of way, i being the alley running east to west from Southwest 42nd Avenue to 43rd Avenue between Southwest 7th Street and Southwest 8th Street, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the ATTACHMENT (5) CONTAINED CITY COMMISSION MEETING OF MAR 2 7 1997 Resolution No. 9?— 216 Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The alley running east to west from Southwest 42"d Avenue to Southwest 43rd Avenue between th Southwest 7th Street and Southwest 8 Street, as set forth in i Exhibit "A" attached hereto and made a part hereof, is zoned C-2 Liberal -Commercial and R-1 Singly -Family Residential, is hereby closed, vacated, abandoned and discontinued for public use, said closure, vacation, abandonment and discontinuance being a condition for the approval of Tentative Plat No. 1424- A "ANTHONY ABRAHAM TRACT". Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of March , 1997. JrCAR LLO, MAYOR ATTEST: ALTER EMAN CITY CLERK PREPARED AND APPROVED BY: LAN/Aw G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY -3 - 97- 216 APPROVED AS TO FORM AND CORRECTNESS: A. Q=,oElY ES, III CITY W1452GMM.doc L -3 - 97- 216 i E X 0 I B I T • A Title vested in: Lots 1 thru 7, 16 and 17, 21 thru 30, and 32 thru 38, in Block 3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida, are owned by ANTHONY ABRAHAM CHEVROLET COMPANIES, LTD., a Florida limited partnership. 2. Lots 8 thru 15, and 18 thru 20, and 31, in Block 3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida, are owned, in fee simple, by RAYMOND A. BALL and DOROTHY K. BALL, as Trustees for the Raymond and Dorothy Ball Trust dated 5/11l43. 97- 21s !d L. A. QUINN JONES, III City Attorney August 4, 1997 Mr. Anthony Blaty, Esquire Counselor at La1v Suite 201 7600 Building 7600 Red Road South Miami, FL 33143 RE: Anthony Abraham Street Closure; Voluntary Proffer Covenant (Our File No. A9700433). Dear Mr. Blaty: (305) 416-1800 Telecopier: (305) 416-1801 Per our conversation of July 31, 1997, enclosed please find a copy of the final transcript regarding the above -referenced matter from the March 27, 1997 City Commission Meeting. Please send the completed draft of t11e covenant, prior to execution, to Teresita Fernandez, Assistant Executive Secretary, Hearing Boards Office at 444 S.W. 2"d Avenue, Suite 700, Miami, Florida 33130, with a copy to tile. After approval of the covenant, your client will be requested to execute the original and return the same to the Hearing Board's Office, together with the necessary administrative fee and an additional amount for recordation costs. Please include a current Opinion of Title and joinders for all necessary parties reflected thereon, at the time you submit the executed covenant. Your assistance and cooperation in this matter are greatly appreciated. I look forward to working with you to conclude this process as expeditiously as possible. Sincerely Ya)Aile Mayfer Trehy A slstant 1t Attorney c: A. Quinn Jones III, City Attorney V Joel E. Maxwell, Deputy City Attorney Walter Foeman, City Clerk James J. Kay, Interim Director, Public Works Department Lourdes Slazyk, Assistant Director, Community Planning & Revitalization Teresita Fernandez, Assistant Executive Secretary Beverly Soloman, Legislative Coordinator ANFI:PW A9700432.doe. OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910 n 7 — 216 A. F AFFIDAVIT STATE OF FLORIDA ) )ss: COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared ANTHONY R. ABRAHAM, who, after first being duly sworn, deposes and says: That he is the owner and operator of Anthony Abraham Chevrolet Company, Ltd., located at 4181 S.W. 8 Street, Miami, Florida 33134. 2. That in accordance with the City of Miami Resolution No: 97-216, allowing the closing of the alley between S.W. 42nd Avenue and 43rd Avenue, and the meeting held at the City Commission Chambers November 4, 1996, the Affiant, through his agent, did, and does hereby state that the agency has delivered to the City the sum of ONE THOUSAND ($1,000.00) DOLLARS as part of the consideration requested by the City for the closure of the alley. 3. In addition to the above contribution Anthony Abraham Chevrolet Company, Ltd. will repair any and all Chevrolet vehicles belonging to the City at their request, allowing the City a ten (10%) percent discount on all flat rate labor hours, and ten (10014) percent of of all list prices for parts utilized in the accomplishment of such repairs, up to a maximum amount of $19,000.00 in total repairs and parts. AFFIANT FURTHER SAYETH NOT. ANTHONY R. A RAHAM SWORN TO AND SUBSCRIBED before me thi0 (September, 97. t�� Notary Public, State of Florida at Large My commission expires: ,,P,RY P&, OFFICIAL NOTARY .MEAL O BARBARA LORENZO 0 COMMISSION NUMBER �� 1 o Q CC506616 MY COMMISSION EXP. NOV. 0 1999 97- 216 El ZONING FACT SHEET LOCATION/LEGAL S.W. 8th Street to 7th Street and 42nd Avenue to 43rd Avenue (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Anthony Abraham Chevrolet Co. Anthony Blaty, Esq. Raymond & Dorothy Ball Trust 4181 S.W. 8th Street 7600 S.W. 57th Avenue Miami, FL 33175 South Miami, FL 33143 ZONING C-2 Liberal Commercial and R-1 Single -Family Residential. PZ-3 REQUEST Official vacation and closure of a public right of way, being the alley running East to West from S.W. 42nd Avenue to S.W. 43rd Avenue between S..W. 7th Street and S.W. 8th Street of Trajune Park Subdivision; tentative plat #1424-A that includes this right of way closure has been approved by the Plat and Street Committee on May 2, 1996. RECOMMENDATIONS: PLANNING, BLDG & ZONING PUBLIC WORKS See analysis below. PLAT AND STREET See analysis below. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY Found: N/A Daily Fine: $0.00 Lien Recorded On: N/A ANALYSIS The Public Works Department and the Plat and Street Committee have studied the proposed alley closure and determined that the closure of this alley Will not adversely affect traffic circulation or access for public service vehicles such as trash and garbage trucks, fire, police and/or other emergency vehicles. The alley is not part of the critical pedestrian and vehicular transportation network for the neighborhood. The plat and Street Committee has reviewed the tentative plat of "Anthony Abraham Tract" and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of this alley would benefit the general public. The Public Works Department and Plat and Street Committee recommend approval of this alley closure request. ZONING BOARD Recommended approval to the City Commission. (Res.No. ZB 120-96) APPELLANT N/A. CITY COMMISSION Continued from CC 2/27/97. APPLICATION NUMBER 95- 514 Is Page 1 November 4, 1996 Item# 2 97- 216. September 26, 1996 SUITE 201 7600 BUILDING 7BCC FED POAD. SCUrH MIAMI, FLORIDA 331 43 TELEPHONE (305)-555.5495 FAX ;3051 9195-435C SENT BY FACSIMILE City of Miami 300 Biscayne Boulevard Way, Suite 400 Miami, Florida 33131 Attn: Teresita Lascaibar Fernandez, R.A., A.I.C.P. Office of bearing Boards Re: Application for Public Nearing before the Zoning Board Alley Closing- Abraham/Ball Dear Ms. Fernandez: The undersigned is the attorney for the applicants in the above described application for alley closing located between S.W. 42nd Avenue and 43rd Avenue, running east to west, and bounded by S.W. 7th Street and Sth Street. At your request I have been able to ascertain from Raymond A. Ball and Dorothy K. Ball that they are the primary beneficiaries as well as the primary Trustees of the RAYMOND AND DOROTHY K. BALL TRUST, DATED MAY 11, 1993. Further, the surviving beneficiaries of the above described Trust, in the event of the death of both the primary beneficiaries, are as follows: Clyde Ball- brother, resides in Tallahassee, Florida Kathleen Bierounsky- sister, resides in Brookville, Florida Jayne Smith- niece, resides in Miami, Florida. If there is any other information that you might require as to the ownership of the property reflected on the Quit Claim Deed dated May 11,1993 and recorded in Official Records Book 15925, at Page 1896, of the Public Records of Dade County, Florida, on the 24th day of May, 1993, please do not hesitate to contact me. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 9�- 216 _j TZARV laf �ialrtt- WALDEMAR E. LEE Director June 13, 1996 Anthony Abraham Chevrolet Co., Ltd. , 4181 S.W. 8 Street Miami, FL 33134 Ladies and Gentlemen: ANTHONY ABRAHAM TRACT - TENTATIVE PLAT - y1424-A CESAR H. ODIC) City Manager The City of Miami Plat and Street Committee, at its meeting of May 2, 1996, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: ©- K Provide a copy of covenant on the land and City resolution authorizing said covenant for rezoning of property to Joyce McPhee of the Building & Zoning Department. These documents may have been executed in 1990 or 1991. Provide a reference to "Zoning Ordinance 11000, as amended" in the surveyor's notes. lude both zoning designations, if applicable. y" Remove note referring to proposed improvements on S.W. 8 Street by rp r F.D.O.T. !� • Indicate square footage of alley. �• Shgw height, diameter and spread of all trees. ,10 w the 20-foot buffer strip as a separate tract with the notation: Landscaping Purposes Only - Restrictive". ,��(• Replace existing 2" and 4" watermains in S.W. 7 Street with a single new vj 12-inch watermain. Replace existing 4" watermain in S.W. 43 Avenue with a new 12-inch watermain. ��'l') Miami Fire Department will require two (2) new'fire hydrants: one at the 'L° southeast corner of S.W. 43 Avenue and S.W. 7 Street and another hydrant approximately 100 feet east of this hydrant. • if utilities in alley to be vacated are to remain, then public utility easement must be provided as part of this plat. DEPARTMENT OF PUBLIC WORKS/ P.O. Boa 330708 Miami. FL 33233.0708/(305) 416.1200/ Fax:(303) 416-21 i i DEP6,14T.0-444. QF PW861G WORKS,475 WAY. 2Rd ;!Feei 10 4'eme, Her'da 43128"(30ii) 5;9 6856 q 97- 216 L Anthony Abraham Cl- rolet Co., Ltd. Anthony Abraham T, .c-Tentative Plat #1424 The public interest requirements of Sec. 54.5-16 of the Miami City Code were reviewed by the Committee for the proposed 10-foot alley �J vacation and closure. Based on this review, it was the consensus of the Committee that the closure and vacation would enhance the public's safety and use of the area in question. The Committee, therefore, recommends the vacation and closure of said alley. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improvements include paving, drainage. landscaping, sidewalks, etc. in some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed.. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee Meeting at which time it was approved. if you have any questions concerning these requirements, please refer to the attacAed sheet for the appropriate person to contact. ;Sicerely, s J. Kay, P.E. Chairman, Plat and Street Committee JJ K/rjf Enclosure: Contact Sheet CC: E. R. Brownell and Associates, Inc. Plat and Street Committee Members File to 97- 216 L Mr. George Barket offered the following Resolution and moved its adoption.. RESOLUTION ZB 120-96 AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT OF WAY, BEING THE ALLEY RUNNING EAST TO WEST FROM S.W. 42m AVENUE TO 43RDAVENUE BETWEEN S.W. 7THSTREET AND S.W. 8THSTREET LEGALLY DESCRIBED AS EXHIBIT `B" HEREBY ATTACHED PUBLIC RECORDS OF DADE COUNTY; ZONED C-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL. TENTATIVE PLAT #1424-A THAT INCLUDES THIS RIGHT OF WAY CLOSURE HAS BEEN APPROVED BY THE PLAT AND STREET COMMITTEE ON MAY 2. 1996. Upon being seconded by Mr. Michael Goldstein the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Gibbs, Goldstein, Barket, Crespo, Luaces & Moran-Ribeaux. NAPES: None ABSENT: Mr. Carman Ms. Fernandez: Motion carries 9-0 November 4, 1996 Zoning Board In Item # 2 /1 97— 216 ;I I EXHIBIT "B" Anthony Abraham Chevrolet Companies, Ltd, a Florida limited partnership 4181 S.W. 8 Street, Miami, Florida 33134, Phone No: (305) 442-1000, owner of the following described property: Lots 1 thru 7,16 and 17, 21 thru 30, and 32 thru . 38, in Block 3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida; and Raymond A. Ball and Dorothy K. Ball, as Trustees of the Raymond and Dorothy K. Ball Trust, dated 5/11/93; residences at P.O. Boa 58, Montezuma, North Carolina 28653, Phone No: (704)733-5280, and P.O. Box 851, East Palatka, Florida 32131, owners of the following described property: Lots 8 thru 15, and 18 thru 20, and 31, in Block 3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida. r L CITY OF M7 y DEPARTMENT OF ADMINISTRATION PLANNING AND ZONING P. 0. BOX 330708 MIAMI, e'LORIDA 33133 TELEPHONE NUMBER (305) 350-7932 APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD (Land Fill and Dredge: Vacation of Street or Alley; Waiver of Development of Parking; Siting Adjustment & other as required). REQUIREMENTS' 1. Surveys, sketches, plans. as required. 2. Affidavit by the owner of the property, or his attorney, that all facts as represented in the application are true and correct. 3. Certified list of owner of real estate within 375' radius from the outside boundaries of the subject parcel. 4. Fee of $4,530.75 to apply toward cost of processing, as follows: Vacation of public right-of-way: Per square foot of right-of-way.......................5 .75 inimum...............................$1,000.00 6,041 Total Feet 5, All documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by the applicant in support of the application shall be submitted with and j be a part of this application. DATE June 27,.1996 The undersigned, being the owner or representative of the owner, of the property located at S.W. 8th St. to 7th St. and 42nd Ave. to 43rd Ave. j And More Particularly Described As.: SEE ATTACHED EXHIBIT "A" Lot(s) i Block Subdivision do(es) respectfully petition and request: 1 I that the alley running East to West from S.W. 42nd Ave. to S.W. 43rd Ave. between S.W. 7th St. and S.W. 8th St, be vacated.. 4181 S.W. (zip) SIGNED ADDRESS PHONE Signed by Anthony R. Abraham for and on behalf of Anthony Abraham Chevrolet Companies, Ltd., a Florida limited- partnership and by Power of Attorney for Raymond A. Ball and Dorothy K. Ball as Trustees of the Raymond and Dorothy Ball Trust dated 5 11/93 This form must be notarized SWORN TO AND SUBSCRIBED before me this rday of 1996. ANTHONY J. BLATY COMM 5" • CC 481754 State f lorida pxpmsJUN11,1M BONOEDTHPAJ Commission Expires: WdF ATLAN{IC epN01r4Q CO» INC. L 33175 /5 97- 216 Ira L H X H I B I T " A' �- Title vested in: Lots I thru 7, 16 and 17, 21 thru 30, and 32 thru 38, in Block.3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida, are owned by ANTHONY ABRAHAM CHEVROLET COMPANIES, LTD., a Florida limited partnership. 2. Lots 8 thru 15, and 18 thru 20, and 31, in Block 3, of TRAJUNE PARK, Plat Book Id, at Page 12, of the Public Records of Dade County, Florida, are owned, in fee simple, by RAYMOND A. BALL and DOROTHY K. BALL, as Trustees for the Raymond and Dorothy Bail Trust dated 5/11193. A F F 1 0 A V I T STATE OF FLORIDA } } SS COUNTY OF DADE } Before w, the undersigned authority, this day personally, appeared AN'I'8= R. BRAHA1,�, who being by are first duly sworn, upon oath, deposes and says: 1. that he is the owner, or the legal representative of the owner, submitting the acco"anying 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 Arai each a part thereof- Z. That all owners which he represents, if any, have given their full and complete persission for his to att in their behalf for the changeaor "difica- tion of a classification or regulation of zoning as set out in the acc%V&nying petition. 3. That the pager attached hereto and dad• a part of this affidavit contain the current names, mailing "drosses, phone numbers and legal descriptions I i for the the real property of which he is the *deer or 18981 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. . , SEAL) -R. ABR.mim, for and on behalf of Anthony Abraham Chevrolet Gompani. , ,Ltd., a rlar Sworn to I Subscribed before se limited partnership and by Power of Attorney for Rayi A. Ball and Dorothy K. Ball.,. as. Trustees of the Fzym( this 4.�'dhy o 10.and Dorothy Bail Trust dated 5/11 /9, 7 ----- 9 7 - 21' "t my yiic, S*,st of Florida at Large X EXHIBIT A AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ANTHONY ABRAHAM CHEVROLET COMPANY, LTD. PARTNERS Capital Names and Addresses Contributions Interest GENERAL PARTNER: ABRAHAM/MIAMI, INC. $ 130,000.00 1% / 4181 S.W. 8th Street f Miami, Florida 33134 LIMITED PARTNERS: 1. ANTHONY R. ABRAHAM $ 6,870,000.00 52.86% 727 S. Alhambra Circle Coral Gables, Florida 33146 2. THOMAS H. MALOUF $ 1,000,000.00 7.69% 1720 E. Hillsborough Avenue Tampa, Florida 33610 3. NORTHERN TRUST BANK OF FLORIDA, N.A., $ 1,000,000.00 7.69% as Trustee u/a dated November 5, 1985 f/b/o George J. Abraham 700 Brickell Avenue Miami, Florida 33131 4. NORTHERN TRUST BANK OF FLORIDA, N.A., $ 1,000,000.00 7.69% as Trustee u/a dated November 5, 1985 f/b/o Marion T. Jones 700 Brickell Avenue Miami, Florida 33131 5. NORTHERN TRUST BANK OF FLORIDA, N.A., $ 1,000,000.00 7.69% as Trustee u/a dated November 5, 1985 f/b/o Judith A. Baker 700 Brickell Avenue Miami, Florida 33131 6. NORTHERN TRUST BANK OF FLORIDA, N.A., $ 1,000,000.00 7.69% as Trustee u/a dated November 5, 1985 f/b/o Norma -Jean Abraham 700 Brickell Avenue Miami, Florida 33131 7. NORTHERN TRUST BANK OF FLORIDA, N.A., $ 1,000,000.00 7.69% as Trustee u/a dated November 5; 1985 f/b/o Thomas G. Abraham 700 Brickell Avenue Miami, Florida 33131 1 97- 216 L DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: SEE ATTACHED EXHIBIT "B" 2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi 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 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Anthony R. Abraham for and on behalf of Anthony Abraham Chevrolet Companies;:. Ltd. a Florida limited partnership and by Power of Attorney for Raymond A. Ball and Dorothy K. Ball, as Trustees of the Raymond and Dorothy Ball Trust dated 5/11/93. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question•i2, and (b) located within 375 feet of the subject real property. SEE ATTACHED LIST - EXHIBIT "C" STATE OF FLORIDA } SS: COUNTY OF DADE } ANTHONY R. AIRAHAM , being duly sworn, deposes and says that he is the (Please Print) (Owner) (Attorney for Owner) of the real property described in answer to question f1 above; that he hai read the foregoing answers and that the sass are true and co:eplete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership fors on behalf of the owner. SWORN TO AND SUBSCRI before day of 1996 MY COP1fiISSION EXPIRES: L (SEAL) �ggnaturs Owner or ttorney for Owner ANTHONY ABRAHAM to blic, State of Florida at Large 97- 216 a ( EXHIBIT "B" Anthony Abraham Chevrolet Companies, Ltd, a Florida limited partnership 4181 S.W. 8 Street, Miami, Florida 33134, Phone No: (305) 442-1000, owner of the following described property: Lots 1 thru 7, 16 and 17, 21 thru 30, and 32 thru 38, in Block 3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida; and Raymond A. Ball and Dorothy K. Ball, as Trustees of the Raymond and Dorothy K. Ball Trust, dated 5/11/93; residences at P.O. Box 58, Montezuma, North Carolina 28653, Phone No: (704)733-5280, and P.O. Box 851, East Palatka, Florida 32131, owners of the following described property: Lots 8 thru 15, and 18 thru 20, and 31, in Block 3, of TRAJUNE PARK, Plat Book 14, at Page 12, of the Public Records of Dade County, Florida. 97- 216 L EXHIBIT "C" Additional property owned by Anthony R. Abraham, for and on behalf of Anthony Abraham Chevrolet Companies, Ltd., a Florida Limited Partnership: Tract 1, and Lots 1 thru 4, in Block 1, less the North 1/2 of Lot 3, in Block 1, BREVOORT PLACE REVISED, according to the Plat thereof, recorded in Plat Book 35, Page 2, of the Public Records of Dade County, Florida. L 97- 216 as FL001199604858301:0001 - Page 1 of Scanned on SC 'ER I1 by Operator MBBLE on Monday, h1n x«: 15925�G 1896 1996 at 05:41:41 PM LIiM, ..I�R.V/I �IMII This insirutocnt was proparcd by: Thomas O. Cluistttiarw, Esquire 93R257628 1993 MAY 24 OW4 WAMK t0IJ)S.SW tDHAK CHRInYMN BRASH AR, TOVY.ACH R WALtCF1t Pat Orrice Bat to" 00loa414, Plartds 3UM OOCSTPOEE 0.60 SURTX 0.00 QUIT-C1AMIDFFED HARVEY RUV1Nr CLERK OAOE COUNTY, FL THIS OUiT•CLAIM DEED, executed this It day of Jl t,iy . A.D. 19A by RA YMOND A. BALL SS#_ 0 6 5 •O' S • t i io ry t AND DOROTHY K: BALL, his wife, SS#_ C,t-V - u 5 • tit `I to whose Post MOO address IS P.O. Box 851, East Palatka, FL 32131, First Party, to RAYMOND A. BALL and DOROTHY K. BALL, TRUSTEES OF TUE RAYMOND AND DOROT13Y BALL 'CRUST, dated �t FIDM# Zb S -0 '10(' v wbose post office address Is P.O. Box 851, East Palatka, FL 32131, Second Patty (wherever used herein the terms 'First Party" and 'Second Party shall include singular and plural. bcIM legal representatives, and assigns of iudfv uals, and the suo=am and assigns of corpomtJons, wherever the contact so admits or requires): WITNESSETH: That the said First Party, for and in consideration of the sum of Ten Dollars (S10.00), to hand paid by the said Second Patty, the receipt whereof Is hereby acknowledged, does hereby remise, release and quit -claim. unto the said Second Patty forever, all the right, title, Interes4 claim cad demand which the said First Party her in and to the following-deseribed lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to- wit:THI.S JS NOT HOMESTEAD TAXPARCELNO: 01 4105 021 0270 0 Lots Eight (8), Nine (9) and Ten (10), InBlock three % of TRAJEUNE PARK, according to the Plat thereof. recorded in PLat Back 14, at Page 12, of the Public Records of Dade County, Florida. PLUS TAX PARCEL # 01 4105 021 0280 9 Lou Twelve (12)lest the Fast Flue (S) feet thereaL and Lot TBltteen (13) less the West Fifteen (15) feet therco4 of Block three (3), of TRAIEUNE PARK, a subdivision according to the Plat thereo& recorded in Plat Book 14, at Page 12, of the Public Records of Datle County, Florida. lS TAX PARCEL OOL 4105 021 0280 9 Lot Elcved (11) and the East five fat of Lot Twelve (12) in Block three (3), of TRAJEUNB PARK according to the Plat thereoL recorded in Plat Book 14, at Page I2, of the Public Records of Dade County, Florida. PLUS TAX PARCEL. #01 4105 021 0280 9 Lots FbUA=n (14X FUteen (1S) and the West Fifteen (15) Icet of Lot Thirteen (13) in Bloch three (3), of T'RA]EUNE PARK, a subdivision according to the Plat thereof, recorded in Plat Book 14. at Page L2, of the Public Records of Dade County, Florida PLUS TAX PARCEL # 01 4105 021 0300 5 Lots 19, 19 and 20 of Block three (3), of TRA LUNE PARK, according to the Plat thereoL recorded In Plat Book 14, at Page 12, of the Public Records of Dade County, Florida. PLUS - TAX PARCEL 001 4105 021 0370 8 Lot 31. Block three (5), of 11WEUNE PARK, according in the Plat thereof. recorded in Plat Book 14, at Page I2, of the Public Records of Dade County, Florida. TO HAVE AND TO HOLD the said described property with all and singular rights, members and appurtenances thereanto apperWaing unto the said Trustee, in Trust nevertheless, upon tte { conditions. and for the uses and purposes set out in the said Trust Agreement. to which referee, a is made, and it is trade a part hereof by reference. Full po,tvr and authority is hereby grrnwJ to aid Truster and Its successors to protect and coaserve said property, to sell. cow to sell and grant options to nuxchm said property and any rights, title or Interest therein on any terms; to exchaage said propwy or arty pan thereof for any other real or personal property upon any terms; to convey said property by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber said property or any pars thereot: to lease, grant options to lease and. renew, extend. amend and otherwise modify kases on said property or any part thenvit from time to time, for any period of time, for any rental and upon ray other tarsal and wadlttotM to release, coavey or assign any other right, title or interest whatsoever, in. to or about said propcM-or any pan thereof. rm.nAt t -A 9'7 - 2A a7 FL001199604858301:0001 - Page 2 of ' Scanned on SC, Al I by Operator MBBLE on Monday, June 1996 at 05:41:41 PM Y.CC, 15925PC 1897 No party dealing with said Oa -Trustees in relation to said property in any manner whatsoever, and (without limiting the foregoing) no parry to whom seld property or any part thereof or any interest therein shalt be conveyed. contracted to be sold. leased or mortgaged by said Co•Trustees, shall be obliged (a) to see to the 6pplication of any purchase money, rent or mo* borrowed or otherwise advanced on said property, or (b) to sot that the terms of this trust have been compiled with or (c) to inquire into the authority, a Ity or expedient of any am of said Trust, or (d) be p"Cged to Inquire into any of the terms of said Trust AgreemenL Every deed, mortgage, lease or owcr instrument executed by said Os -Trustees in relation to said property shall be conclusivc,Mdence in favor of every person claiming any right, title or interest thereunder. (a) that at the time of the delivery thereof this taut was In full force and effect, (b) that such instrument was executed in accordance with the trusts, terms and conditions bereuf and or said Trust Agreement and is binding upon all beneficiaries thereunder. (c) that said Co -Trustees was duty authorized and empowered to execute and deliver every such instrument, and (d) If a conveyance has been made to a successor or sucoessots to trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of f% his or their predccessot in truSL The interest of every beneficiary under said Trust Agreement and of all persons claiming under any of them shall be only in the earnings, avails and proceeds arb ing from the rental, sate or other disposition of said property. Such interest B hereby declared to be personal property, and no beneficiary thereunder shall have any right, title or Interest, legal or equitable, in or to said property, as such, but only an Interest In the earninM avails and proceeds tha wf as aforesaid. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thercunto belonging or to anywise appertaining, and all the estate, right, title, interest4 item, equity and claim whatsoever Of the said Fist Parry, either in law or equity, to the only proper use, benefit and baboof of the said Second Party forever. IN WnWESS WHEREOF, the said Hirst Party has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in our presence as witnesses: Print tit i t 'L,'NY c• P t t✓ Punt .. t. STATEOFFLORIDA ) COUNTY OF ALACHUA ) The foregoing instrument was acknowledged before me this L day of May 1993 by RAYMOND A. BALL and DOROT HY iG BALL i Notaty Public Print Names 7�;-(SEAL) MycommissionF�p =' n,t�a My C DMIDISSIOn Drum J personally known. or produced as identification �"" Type of Identification NO REVIEW OR EXAMINAMON OF TM.E To 7M ABOVE -DESCRIBED PROPERTY HAS BEEN MADE BY THOMAS 0. CHRI [MANN, OR 7HB FUU4 OF WAMN, FOLDS, SrPADHAM. C';=�M, BRASHEAR. TOVKACH * WA=R AND 7HE DESCR"ON WAS DERIVED WrtHOUT A SURVEY AND NO OPINIONS OR ItEPRESPM•A71ONS ARE BLIND MADE ErM ER EXPRESSLY OR M(PLIEDLY BYSUCH W Di vIDUAL OR FIRM AS TO THE ACCURACY OFSA,.) DESCRIPTION. 00-aft as err qua aacwas roes W DAN couMr. ^all" r(COto ra4Haa NAMY RUYIN aatc CIACUR COutr dig �___.... 97- 216 L F FL001199604858301:0002 - Page 1 of Scanned on SC. _ R11 by Operator MBBLE on Monday, June . 1996 at 05:20:09 PM "1r fpIMY�AM�vw.vv.+v�rr��-.. . ;. 4NN[A AMO OM MIOVILY WICM mitts 114 AtCg4MtD'ARWIN004 4 ff H :; AY1t11IGN MATIDMAI ><TAMDAROS IMS?ITUIt W ►Eb" MT Uldt 1'M0NUAVOIC �. At►tmtIon. ! i. COURTHOUSE TONER k<: DA MI t:HEO. LOCATION TRCV[T oIP1tTVCq ftRMIC COURT. R«:1550102T5 CORRECTED WARRANTY DEED v� THIS INDENTURE, made this _1o.T.._ day of J9✓ 1992, between ANTHONY R. ABRAHAM, —Trustee, ate, a single man, individua yll aiLd as GRANTOR, and ANTHONY ABRAHAM CHEVROLET COMPANY, LTD., a Florida Limited Partnership, GRANTEE, whose Federal Identification Number has been for, and whose address is 6600 S.W. 57th Avenue, Miami, Florida 3p143ed 10 tr WITNESSETH: h That said Grantor, for and in consideration of the sum of TEN a ($30.00) DOLLARS, and other good valuable considerations, to said N Grantor in hand paid by said Grantee, the receipt whereof is hereby D` acknowledged, have granted, bargained and sold to the said Grantee and Grantees successors and assigns forever, the following described land, situate, lying and being in Dade County, Floridat SEE EffiiBIT •A• ATTACS$D HERETO AND ]ME A PART BEREOF. SUBJECT TO: a) Taxes for the current and subsequent years. b) Applicable zoning ordinance. c) Conditions, restrictions, easement and limitations, of record, but not to reimpose same. d) Existing leases. 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. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. U ANTHONY It. ATRhM NES This Warranty Deed is being xnrrecordod to correct the legal description described in Parcel 2 on Exhibit "A" in that certain Warranty Deed between Grantor and Grantee dated October 19, 1989 recorded in Officia_1 Record Book 14302 at Page 880, in the Public Records of Dade County, Florida. fiH7S INSTRUlEtl:' PREPARED BYs ADERr CLERK DADE 0.45 FL Leo Rose, Jr. Therrel Baisden a Meyer Weiss 1111 Lincoln Road, Suite 500 Miami Beach, Florida 33139 (305) 672-1921 (NOTARY ACKNOWLEDGEMENT APPEARS ON PAGE TWO, THERREL BAISDEN & MEY82 WEISS \v{ 97- 216 IA% FL001199604858301:0002 - Page 2 of 4 Scanned on SCA• 111 by Operator MBBLE on Monday, Jun,- 1996 at 05:20:09 PM HIMI "gnICUI W.101AL STANOAROS IRSTITUTI FOR f ERIWUT MICMf/fIOTOdRAINIC E''.aEHR00l1eTlokf. Z COURTHOUSE TONER - �.::. OA NI IL11E0. LOCATION C44RA OPERATOR :'�•;: 021MM CLERK 'CIRCUITOrr WARRANTY DEED NEC:15581Pf 0276 ABRAHAM TO ANTHONY ABRAHAM CHEVROLET CONPANY, LTD. 1992 PAGE TWO STATE OF FLORIDA ) ) SS COUNTY OF DADE ) T1a re din in rument was acknowledged before me this 9' � e7 1992 by antiANTHONY R. ABRAHAM, who s pry ""►� as identi�tioa and who did t e an My Commission Expires: Om/9y wraa,rr.DW 30 IL 1 2�" , u+een�rrt�i• . �d/� i3e fez 3 M, BIRMUDIRZ Print. Typo or Stamp COnulxKgnid Name of Notary Pubbe Persennal Known a Or Produced IdenIMCOM 0 .Yoe a 1.0 Produced CurmiWon 0 CCO2587- THBRRP.L BAISDzw l:Ir >IEYL"R WBISS 97- 216 FL001199604858301:0002 - Page 3 of 4 Scanned on SCF- :11 by Operator MBBLB on Monday, June ' 1996 at 05:20:09 PM E �`AftiA1CA1 tNTldll�l fTANOMOt 1NtT"Oft foR fAMNWENT YfglGfpTtOAAPNJC (`•' ' RtfRCeJVCTIONt. COURTHOUSE TOWER +r ZU190 WATICN C fAA ERATOq 'Alk, D"TX pi. Dertmr a.Efer ctRMY fm'- QC': f 5581P&1Q277 EXHIBIT "A' 1. Tract 1 of BREVOORT PLACE REVISED, according to, the Plat thereof, recorded in Plat Book 35 at Page 2; the North 120 feet Lot 1, Lot 2, the North one-half of Lot 3 and Lot 4, Block 1, BREVOORT PLACE, according to the Plat thereof, ass recorded in Plat Book 9 at Page 178, Public Records of Dade County, Florida. Folio No.: 001-4105-39-0010-9 2. Lots 1- 7, 16-17, 21-30, 32-38, Block 3, of TRAJUNE PARK, according to the Plat thereof, as recorded in Plat Book 14, at Page 12, of the Public Records of Dade County, Florida. Folio Nos.: 3. Tract 1, less the North 100 feet thereof, of TRAIL TERRACE, according to the Plat thereof, as recorded in Plat Book 38, at Page 17, of the Public Records of Dade County, Florida. Also the South 15 feet alley M/L between the North one-half and the South one-half, Tract 1, TRAIL TERRACE REVISED, Plat Book 38, Page 17, Public Records of Dade County, Florida. Folio No.: 0-30-4108-34O10 AQ-1 4. The North 100 Feet of the Hest 100 Feet of Tract 1, of TRAIL TERRACE REVISED, according to the Plat thereof, as recorded in Plat Book 38, at Page 17, of the Public Records of Dade County, Florida. Folio No.: 5-20-4109-34-0020 5. Lots '1-6, LE JEUNE PLACE, according to the Plat thereof, as recorded In Plat Book 22 at Page 44, of the Public Records of Dade County, Florida. folio No.: 0-01-4105-44-0010-2 'L�ETtkEL HASSDEt: � MEYETt WLTS5 L 37- 216 131 FLO01199604858301:0002 - Page 4 of e Scanned on SC.b.., 111 by operator MBBLE on Monday, Air 1996 at 05:20:09 PM ?: JJIERiGW ►L1TlONAL tTANOARM 1N7TInf 1 FOR ► WAIRM Y{CROMTOQWAM V RuROODCTIONf. - Jbj#a COURTHOUSE TOWER DAT YI I `'( WED. LOCATION CAMERA OPER TOR 4EP67Y CLERK, CIRCUIT CNMC, pig: 155010278 6. Lots 10.: through 14 and part of Got 15 and part of a vacated IS- alley by Metropolitan Dade County, in Block 1 of Whiteside Park according t o Page 50, Plat Book 13, of the Public Records of Dade County, Florida, lying and being in Dade County, Florida, and being more particularly described as follows: Beginning at the N.E. corner of said Lot 12, on the southern R/W line of S.W. 8th Street run S. 0 28, 12• F. 227.96, along the east line of said Lot 12, across said alley and along the east line of said Lot 13 to a point thence West 105.0' along the south line of said Lots 13, 14 and part of Lot 15, on the northern R/W line of S.W. 9th Street to a point; thence N. 0 2S, 12' W. 115.141 to a point on the northern line of said alley; thence east 30.01 along the northern line of said alloy to a point at the S.W. corner of Lot 10; thence N. 0 28. 12' W. 112.571 along the west line of Lot 10 to a point on southern R/W line of S.W. Bth.Street; thence N. 89 43, 42` E. 75.0' along the north line of Lots 10, 11 & 12 and the southern R/W line of S.W. Nth Street to the point of beginning, containing 20,540 sq. feet. Subject to a reservation of an easement for maintaining and servicing underground electrical service from transformer situated on the southern line of subject property and lying 81 feet west of the southeast corner, to the service station owned by Exxon Corporation on adjoining property. Together with an easement hereby granted for Ingress & Egress over and across the following described land :;ow under lease to Exxon Corporation, (formerly Humble Oil & Refining Company). Said easement to run concurrently with that certain lease to Exxon Company by and between Exxon Company, USA (formerly Humble Oil & Refining Company) and James B. Marcus and Jeannette R. Marcus dated April 1, 1970. A memorandum of this lease being placed on file in Dade County, Florida (official record f6869, Page 619-620 filed May 27, 1970). Lot 9 and part of Lot 8 in Block 1 of Whiteside Park according to Page 50, Plat Book 13, of the Public Records of Dade County, Florida, -lying and being in Dade County, Florida, and being more particularly described as follows: Beginning at the H.E. corner of said Lot 9, on the southern R/W line of S.W. Sth Street, run S. 0 28, 12- E. 112.57• along the east line of said Lot 9 to a point on the Northern Line of a vacated 15, alley by Metropolitan Dade County; thence west 30.0' along the south line of Lot 9 and part of Lot 8 and the northern line of said alley to a point; thence N. 0 28, 12, W. 112.421 to a point on the north line of Lot 8 and the southern R/W line of S.W. 8th Street; thence N. 89 43, 42` E. 30.0' along the north line of Lot 8 and Lot 9 to the Point of Beginning, containing 3,375 sq. feet. Folio No.: QwL:1108-37-0030-8 ertoo m n, aerwu MOM I= W DADE COV.17. 700" EZcOED YEENYD park o! Cd*wlt b CNfn>r CCU* T7ftWRF.L BAISDEY & 14EYER WEISS N 97- 216 L CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Walter Foeman DATE: City Cle SUBJECT: FROM: REFERENCES: Yamile rrero T by Assistant �tv Atto ev ENCLOSURES: FILE : September 8, 1997 A97-433 ANTHONY ACRAHAM VACATION/ CLOSURE OF ROAD; Voluntary Prof et v Enclosed, please find an o ' in ly executed Affidavit from Mr. Anthony Abraham for your records. The Affidavit is in sa ' ction of the Voluntary Proffer Mr. Abraham made to the City Commission on March 27, 1997, in connection with Item PZ-3, Street Closure. The Affidavit reflects the fact that Mr. Abraham has already made the $1,000.00 donation to the City of Miami Special Fund relating to the Social Welfare Reform Act and provides for a 10% discount on individual repair orders sent by the City to Mr. Abraham under the City's existing contract, for a maximum of $20,000.00. I am simultaneously herewith providing a copy of this memorandum and enclosure to the Purchasing Director to alert her to the existence of the above mentioned discount. If you know of someone else who would benefit/should receive a copy of the enclosure, please advise. Should you have any questions concerning the contents of this memorandum or need further assistance from this Department in connection with this matter, please feel free to give me a call. Your assistance and cooperation in this matter are greatly appreciated. c: Joel Maxwell, Deputy City Attorney-, - Judy S. Carter, Purchasing Director =+ m Beverly Solomon, Legislation nrn `.' (n Mr. Anthony Blaty, Esquire Cn ANH:A97433Anthony Abraham.doc L t 50 C?L.i-HT i HUEFT.... F1�- _.F'{{� .....l C. _..-1 c.13 171 A F'IbAvI'T 1 STATE OF FLORIDA 1 T, W. C'CIPUNTY OF DAPF BEF011F, WE, the undersiMrted authority, personally appeared ANTHONY R, ABRAMANI, Who, after ti►•st h0trf, tlnly sworn, dt•pnses and Says.. 1, Thnt lie is the owner and operator ofAnttrnny Ahraharn Chevrolet Co►r►pany, Ltd„ lor,med at .11 hl S.NV. R :street, Miami. Florida :33134. 2. That in accordance with the C•.•it , of Miami Resolution No: 97-216, allowing the Closing of the alley between S.NV. 42rrd .kveauv :rnd 43rd Avenue. and the mectinn held :at the City Commission Chamhtrs November 4. 1996, the Afirant through his agent, raid. and does. herehv Stare11 that the agency has delivered to the City the sum of ONE THOUS.-iNL) (S1.00 1.00) DOLLARS as part of the cansider•ation requested by the Cih. for the closure of the alley. :l. In addition to the above. contr•ihution Anthoav Abraham C:hurnlet Compariv, L.M. will repair ally and all Chevrolet vel►icles belonging to the City at their- request, allowing the Cary a ten 00%I percent discount on all flat rate labor hours. and ten (1611.6) percent off of all list prim for parts utilized in the accomplishment of such repair, AF•P1ANT 1,"UR'TH.F'R SAYET1i NOT. r_..... ` � .UL�• T H ON V RfA B R. SWORN TO kNll ,SUBSCR1BF D hetove me this day of September, 199?. 4pTE OF ""•� CAM ••.•s N07AriV P.fL0 � �,. -35310 FU R.oY•logs 0rc ic. St«te of Florida al Lar;;e ,My corrimissiou c�pires: L