HomeMy WebLinkAboutR-95-0892J-95-968(a)
11/21/95
RESOLUTION NO P 5- 892
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION
PURSUANT TO THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612,
SD-12 SPECIAL BUFFER OVERLAY DISTRICTS, TO
ALLOW AN ACCESSORY SURFACE PARKING FACILITY
AT 3755-3761 SOUTHWEST FIRST STREET, MIAMI,
FLORIDA, ZONED R-1 SINGLE-FAMILY RESIDENTIAL
AND SD-12 BUFFER OVERLAY DISTRICT, IN
CONJUNCTION WITH A COMMERCIAL OFFICE BUILDING
LOCATED AT 3746-3750 WEST FLAGLER STREET,
MIAMI, FLORIDA, SUBJECT TO (A) A RECORDED
COVENANT IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, (B) THE REQUIREMENT THAT THE TWO
CBS WALLS BE FINISHED AND PAINTED ON BOTH
SIDES, AND (C) A TIME LIMITATION OF 12 MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
0
WHEREAS, the Miami Zoning Board at its meeting of
October 23, 1995, Item No. 2, duly adopted Resolution
No. ZB-105-95 by a eight to zero (8-0) vote, granting a special
exception subject to City Commission approval as hereinafter set
forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the special exception as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the application for a special exception
meets the applicable requirements of Zoning Ordinance No. 11000,
as amended, and deems it advisable and in the best interest of
CITY COMUSSION
MEETING OF
DEC p 7 1gg5
Revolution No,
95-- 89
the general welfare of the City of Miami and its inhabitants to
approve the special exception and to affirm the decision of the
Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Zoning Board to grant a
Special Exception pursuant to Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami, Florida, Article 6,
Section 612, SD-12 Special Buffer Overlay Districts, to allow
an accessory surface parking facility at 3755-3761 Southwest
First Street, Miami, Florida, legally described as Lots 26 and
27, Block 3, STADLER GROVE FIRST ADDITION SUBDIVISION, as
recorded in Plat Book 12, at Page 142 of the Public Records of
Dade County, Florida, zoned R-1 Single -Family Residential and
SD-12 Buffer Overlay District, in conjunction with a
commercial office building at 3746-3750 West Flagler Street,
Miami, Florida, subject to (A) a recorded covenant in a form
acceptable to the City Attorney, (B) the requirement that the
two CBS walls be finished and painted on both sides, and (C) a
time limitation of twelve (12) months in which a building
-2-
95- 892
permit must.be obtained, is hereby affirmed and the Special
Exception is hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of December 1995.
S EN P. CLARK, YOR
-3-
95- 892
LOCATION/LEGAL
APPLICANT/OWNER
• , . ZONING FACT SHEET
PZO
3755.3761 S.W. 1st Street. '
(Complete legal description with the Hearing Boards Division),
Nicolas Estrella for
Star Casualty Insurance Co.
3750 West Flagler Street
Miami, Florida 33134
443-2829
R-1 Single -Family Residential/SD-12 Buffer Overlay District.
Special Exception requiring City Commission approval, as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section
612, SD-12 Special Buffer Overlay District, to allow an accessory surface parking
facility in conjunction with a commercial office building located 3746-3750 West
Flagler Street; zoned R-1 Single -Family Residential and SD-12 Buffer Overlay
District.
RECOMMENDATIONS:
PLANNING, BLDG 3 ZONING Approval as presented.
PUBLIC WORKS No comments.
PLAT AND STREET N/A
1
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 9518058 Last Hearing Date: 09/20/95 Found: N/A
Violation(s) Cited: Illegally operating a business in a residential zone.
Ticketing Action: N/A
Affidavit of'Non-Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CES Action: A Notice of Violation was sent on 4/19/95.
HISTORY On 5/1/95 the Zoning Board recommended denial to the City Commission of the Special Exception
by Resolution No.' ZB 52-95.
ANALYSIS The requested Special Exception is for the purpose of converting property which is currently
zoned and used for residential purposes, into additional parking for an existing
commercial/office building on Flagler Street. The proposal meets all of the applicable
criteria in Section 612 of Zoning Ordinance 11000 and will result in a site with a more
attractive appearance within the neighborhood. The landscaped area and the vehicular
circulation depicted on the originally submitted plans has been changed to comply with the
Planning Division and the neighborhood comments. Based on these findings, the Planning Division
is recommending approval of the application as presented.
1_
ZONING BOARD Granted for twelve (12) months in which a bldg. permit must be obtained
and subject to conditions. (Res. No. 105-95).
CITY COMMISSION N/A.
APPLICATION NUMBER 95- 381
Page 1 October 23, 1995
Itemi 2
95- 892
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Jow
Mr. Gary Michael Carman.
and moved its adoption.
offered the following Resolution
RESOLUTION ZB 105-95
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD GRANTED
A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL,
AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612,
SD-12 SPECIAL BUFFER OVERLAY DISTRICT, TO ALLOW AN
ACCESSORY SURFACE PARKING FACILITY FOR THE PROPERTY
LOCATED AT 3755 -3761 S.W. 1ST STREET LEGALLY DESCRIBED
AS LOTS 26 AND 27, BLOCK 3, STADLER GROVE, FIRST ADDITION
SUBDIVISION (12-42) PUBLIC RECORDS OF DADE COUNTY; ZONED
R-1 SINGLE FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY
DISTRICT. THIS PETITION IS IN CONJUNCTION WITH A
COMMERCIAL OFFICE BUILDING LOCATED AT 3746-3750 WEST
FLAGLER STREET. THIS SPECIAL EXCEPTION HAS A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO A COVENANT
AND THAT THE TWO CBS WALLS BE FINISHED AND PAINTED ON
BOTH SIDES AS A CONDITION OF THE DEPARTMENT OF COMMUNITY
PLANNING AND REVITALIZATION.
Upon being seconded by Mr. George E. Barket.
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Carman, Barket, Crespo,
Hernandez & Milian.
NAYES: None.
ABSENT: Mr. Moran-Ribeaux.
Ms. Fernandez: Motion carries 8-0.
October 23, 1995
Zoning Board
Item# 2
95- 892
ZONING BOARD ACTION ON PETITION POR SPECIAL ERCRPTION
i mo a that the request on agenda item ! be (denied)
rant in that the requirements of Section 3 (were) (were
no isfied by relevant evidence in the record of the public
hearing.
a) as stated in the City•s findings of fact, or
b as demonstrated by the petitioner, or
c) on the basis of the following:
--------------------------------------------------------------
The Zoning Board, in its decision to (grant) (deny) the special
exception, shall make written findings that the applicable
requirements of this Zoning Ordinance, Section 2305, (have) (have
not) been met.
Circle ayt+rooriate conditions
1�3 L.._1 Ingress and BVess.
Due consideration shall be given to adequacy of ingress
and egress to the property and structure and uses, thereon, with
particular, reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
and emergency.
1305:2 Offstreet Parking and Loading
Due consideration shall be given to offetreet parking and
loading facilities .as related to adjacent streets, with
particular references to automotive and pedestrian safety and
convenience, internal traffic ;_flow and control, arrangement in
relation to access; in case of fire or other emergency, and
screening and landscaping.
„
1305.3 Refuse and service areas.
a
Due consideration shall be given to the location, scale,
design, and screening of refuse and service areas to the manner
in which refuse is to be stored; and to the manner and timing of
refuse collection and deliveries, shipments, or other service
activities, as such matters relate to the location and nature of
uses on adjoining properties and to the location and character of
adjoining public ways.
1305.4 Signs and lighting.
Due consideration shall be given to the number, size,
character, location and orientation of proposed signs, and of
proposed lighting for signs and premises, with particular
reference to traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
95- 792
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1303.5 Utilities.
M .
Due consideration shall be given to utilities required,
with particular reference to availability and capacity of
systems, location of connections, and potentially adverse
appearance or other adverse effects on adjoining and nearby
property and the character of the area.
If
! 1303.6 Drainaoe
Due consideration shall be given for drainage, with
particular reference to effect on adjoining and nearby properties
and on general drainage systems in the area. Where major
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
E temporary retention with gradual discharge, or other r4MMdia1
measures.
j 1303.7 Preservation of,natnral features.
Due consideration shall be given to provision for the
preservation of existing vegetation. and geological features
whenever possible.
1305.8 Control of ootentiall9 adverse effects oeaarally.
In addition to consideration. of detailed eleswnts '
j indicated above as a ro riate to the icular cl kind
Fir p ass or
of special permit and the circumstances of the particular case,
due consideration shall be given to potentially adverse effects
generally on adjoining and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. there such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular circumstances of -.the case,
including_ screening or buffering, landscaping, control of manner
or hours of operation, alteration of use of such space, or such
other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
i extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
j nearby property.
95-- 892
Mr. George E. Barket offered the following Resolution
and Moved its adoption.
;RESOLUTION ZB 52-95
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD
RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6,
SECTION 612, SD-12 SPECIAL BUFFER OVERLAY DISTRICT, TO
ALLOW AN ACCESSORY SURFACE PARKING FACILITY IN
CONJUNCTION WITH A COMMERCIAL OFFICE BUILDING LOCATED AT
3746-3750 WEST FLAGLER STREET LEGALLY DESCRIBED AS LOTS
26 AND 27, BLOCK 3, STADLER GROVE ADDITION NO. 1
SUBDIVISION (12-42) PUBLIC RECORDS OF DADE COUNTY; ZONED
R-1 SINGLE-FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY
DISTRICT.
Upon being seconded by Mrs. Ileana M. Hernandez
the motion was passed and adopted by the following dote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Barket, Carman, Crespo, Luaces
and Milian. .
NAYES: None.
ABSENT: Messrs. Moran-Ribeaux and Hernandez.
Ms. Fernandez: Motion carries 8-0.
May 1, 1995
Zoning Board
Item# 2
95- 892
ECKERT SEAMANS CHL.uN & MELLOTT
May 16, 1995
Teresita Fernandez Via Hand Delivery
Chief, Hearing Boards Section
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
Re: 3755 and 3761 S. W. First Street
Dear Ms. Fernandez:
The purpose of this letter is to request the withdrawal of the application for special
exception on the above -referenced property.
The withdrawal of the application for special exception is made pursuant to Section
1310 of the City of Miami Zoning Code 11000, which reads:
"An application for a special exception or a major use special
permit may be withdrawn at any time, but if withdrawn after the
public hearing has been convened at which it was to be
considered by the City Commission, substantially the same
application shall not be considered within 12 months of the date
of the withdrawal."
The reason of the withdrawal of the application at the present time, is predicated
on the fact that the applicant was unaware of concerns by the neighborhood in relation
to these properties. This withdrawal, pursuant to Section 1310, is without limitation of
time for refiling, and will allow us time to prepare an application that will be sensitive
to neighborhood concerns.
A. VICKY LEIVA
305/ 347-3818
95- 892
E KERT SEAMANS CHEI-,u 1 & MELLO'rT
�,,.�hw..�......,+.., ,
May 16, 1995
ie"sua rernanae:
Pgee.� We thank you in advance for your cooperation on this matter. As soon as the
documents are in order, please call me and I will come by to pick up the application and
supporting documentation.
Sincerely,
A. Vicky Leiva
AVL:id:22711
cc: Nicolas Estrella
Stanley B. Price, Esq.
! Carlos Linares
Miriam Maer, Assistant City Attorney
95- 892
APPLICATION FOR SPECIAL EXCEPTION
File Humber
within the City generally, or within tortain zoning districts,.
:ertain structures, uses,"and/or occupancies specified in this
ordinance are of a nature reouiring special and intensive review
to deter tas Oisther or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary to
promote the general purposes of this Zoning Ordinance, and, in
particular, to protect adjoining properties and the neighborhood
frog avoidable potentially adverse effects. It is further
intended that the expertise and judgement of the Zoning Board be
exercised in raking such determinations, in accordance with the
rules, 'considerations and limitations relating to Special
Exceptions. (See Article 16)
Fo real public notice and hearing is mandatory for Special
Exceptions. The toning Board shall be solely responsible for
determinations on applications for Special Exceptions. All
applications shall be referred to the director of the Oepartment
of Planning, Building and Zoning for his recommendations and the
director shall make any further referrals required by these
regulations.
Nicolas Estrella, pres.
1, Star Casualty hereby' apply to the City of Miami Zoning Boardsfigr
approval of a Special Exception for property located at 3751 and 3761 S.W. 1
Nature of Proposed Use (Be specific) demolition of two structures
and use of land for additional parking
in support of this application, the following material is submitted:
X 1. Two copies of a survey of the property prepared by a State of Florida
Registered land Surveyor.
2. Four copief of: the site plan showing (as required) property boundaries,
existing (if any) and proposed structure($),, parking, landscaping
etc; buildirg elevations and dimensions and* computations of lot area
and,building spacing.
X 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest fore (attach to application).
X 4. Certified list of owners of real estate within a 375400t radius of the
outside boundaries of property covered by the application.
,X S. At least two photographs that shown the entire property (land and improve.
I Bents).
6. Other (Specify)
7. Fee of Ste, to apply toward the cost of processing:
9r�
b
i
i
Special Exception .......................... s650.00
Surcharge equalJto applicable fee from item above,
not to exceed six hundred and fifty dollars (S650)
' except from agencies of the city; such surcharge
to be refunded to the applicant if there is no
{ appeal from a property owner within three hundred
j and seventy-five (375) feet of the subject property.
j (City Code Section 62-61)
Signature
Owner or Authorized Ait
Name Nicolas Estrella, Pres. of Star Casualty
Ins. Co.
Address 3750 W. Flagler St., Miami, Fl
Phone 443-2829
II�
,
STATE OF FLORIDA)
S5.
COUNTY OF OADE ) _
Nicolas Estrella, President
Star_ Casualty Ins. Co. being duly sworn, deposes and says that he' is the
(Owner)(Authorized Agent of 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 aut city to execut t is petition on
behalf of the owner.
(Nam) Nicolas E. Pres.
l
SWORN TO AND SUBSCRIBED
before tie this '(-.day of
E
My Commission Expires:
ey
11 Pm J Thru 4. `•.7{: !+ndonvrftr J
Notary Public, Stat of Florida at 66i"Mue
95- 892
�AFF10AVIT
STATE OF CLORIDA }
} SS i
COUNTY ;F OADE } .
Before me, the undersigned authority, this day personally appeared
Nicolas Estrella, President
Star Casualty Ins. Co. 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 Mimi, 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 We 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.
C�� (SEAL)
("am) Nicolas Estr , President
LSworn to and Subscribed before aK
this :JLk day of 19
otary Public. Stat lorida aLlarge
FER
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OWNER'S LIST
Owner s Name Star Casualty .Insurance Co.
Mailing address 3750 W. Flagler St., Miami, Fl . 33134
I
telephone Number 443-2829
Legal Description: Lot 26 and 27 Block 3 of Stadler Grove First Addition to the
plat thereof as recorded in P.B. 12, P. 42 of Dade County
' Owner's Naue
Mailing Address
Telephone Number
Legal Description:
Owner's Nam
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 37S feet of the subject site is listed as follows:
Street Address
3746 and 3750 W. Flagler St.
Miami, F1 33134
Street Address
Legal Description
Lots7, 8, 9,10 B1k. 3 of Stadler ry-n— Addition
i oBlk. 3 of Stadler ry-n— Addi t- i nn
P.B. 12, P. 42
Legal Description
Legal Description
95- 892
DISCLOSURE OF OWNERSHIP
1. Legal description and street &dares% of subject real property:
Lots 26 and 27 Blk. 3 or Stadler Grove First Addition
P.B. 12,P. 42 Dade Coue{ty ,
2. Owner(%) 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.
Star Casualty
Nicolas Estrella (100% ownership)
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.
Lots 7,8,9,10 Blk. 3 of Stadler Grove Addition, P.B. 12, P. 42
Dade County
r��� �-
OiNR OR A Y FOR QYNER
Nicolas Estrella, resident
STATE OF FLORIDA } SS: Star Casualty Insurance Co.
COUNTY OF DADE }
Nicolas Estrella, President
c_f Star_ being duly sworn, deposes and says that he is the
(Owner) (Attorney for Osier) of the real property described in answer to question il,
above: that he has read the foregoing answers and that the sm. are true and cooplste:
and (if acting as attorney for owner) that h as authority to execute the Disclosure
of Ownership form on behalf of the owner. N%, n
SWORN TO AND SUBSCRIBED
before me this �,
day o(J 19 ,S
j MY COMISSION EXPIRES:
( SEAL)
Nicolas EstrkaN Pre dent
Star Casualty Ins. Co.
�2 -'Jo,
Notary Public, St#4 of Florida a rge
FLEcbad Ttn: Neyr/ �,•,,rorlrll3rs i[t
I-
I
1
Rawnam
Ir ....� . NIt•IAdrgSed /pmpk InveloPll
WARREN JACOBS, ESQ.
7600 RED ". 0229 1
MIAMI, FL 33143 1
tell tasitfmslt lkepaw by: WARREN JACOBS, ESQ.
7600 itLo HD, 0229
:fIAMI, FLU 33143
W'1Yi PHONE: 666-7676
.. tar. tr YIYeS ♦�ru
...dA•2 114�56 90Ei2440
Documontory Stomps Collected
3 r" SURTAX Doe, Slamps Collected
Class "C" 111tanr}tl,lu Tax ColtCocci S
Clerk, Dude Counoy, Fla.
Rop" Appralwo Pueet IdenUtIatlon (Folio) Numoft(sl: By _DC
1►ACt Alpyl twf reef Fpl PAMS411114 We e,Act A110 1 dill slot 10A RIMAOYa state
r1
k FAVia'd(0-'.Dtl1d Madr ilia 8 day of _ 'S . n
JOSEPH RIVERA, a single man,
hvremalh•r tolled the pratfor, to-STAR•°CASUALTY IIJSLWRMCE CO,.LPA%IY, a 1':.orlda
corpora tion,'•
1
11•1114.0 pa.tulillp add,e,a to 3750 w.`';1a 1`er`_5t .r Miami FL
hrna+ui(Iw / tiled the ti*anlrr' .
.N'h...... -1 h'... I.. U..,• '
..A ....... Ira, .P.. p. ,h.. ...,
1M hr.n. Ir+.l NY1hr..u...r. ".....r. ..1 .nd—A..s. ..tat.he .Wr« r.V .a.l .«..n. ul"',
'Witnesseth. That Ill,- orarll,N, for cold fit l',111/Ie+rra11u/1 of dip atsm of y 10.00 anll attler
rulualslr eunnrlorununs, rvrrim wherraf Is hereby nrltnundrrlrlyd. hereby U,n,lls. buroluuls. sell nitrl.s. to.
nitres, releases, ronueys and roorms unto file granter. tall shtaf cerium land silted, its Dr'kDE
t"nurlly, Florida, 6e1
Lot 26 in Block 3 of STADLER GROVE FIRS': ADDITION,
accorcing�to the Plat thereof, as recorded in Plat
'°'�obk�1-Q-�bt=Page:.4i;-�o-l-the•-Pcs�3•��Ree�sds=crtjav�="' - -
County, Florida, a/k/a 3755 S.W. eat St., Miami, FL
TOIEasements, restrictions, limitations and conditions of record
Taxes for th• year 1990 and all subsequent years.
together w,,I. all Ike tonamonls, horndltamonls and oppurlvnontes thereto belonalna up in any
lour n,spvrlainmg.
3o hate and to hold, file same In Jae simple forever.
Rid ilia grantor hareby covananis with said grantee 161 Ili* pronto, 1s luw(ully srlced of said land
In fee simple: that the (;Panic, has good right and lawful authority so soil and convoy sold lmld, toot the
grantor hareby fully warrants the tide to said land aid will defend the same against tit* lawful clams of
all persons wbornsoover: and that said lend is true of all emeumbranres, except taxes acrntl.p ctaosequent
to f)4-cumber It. 49 90
In 1I RUSS 101=0f, lisp sold grantor lice signed unit sealed these Mr.rnt. if....lay uod ♦ru,
first above written. "
Signor clad and dolov.rrrd�r7 our prole ea: j
�............... �dO5 w . RjT� ' PA t117
STATE (if PLO
Colwl y OF DADE )
I HEREBY, \><fE k1Fj',(�ir,aa this day, before me, an
officer duly authoriad in the State aforesaid sad in 'n. Counlr ►foresaid; root rift"Ai�nd.r�6 prnenu, personalty eppcarcd
UOSEPH RIVERA, a single man, i`it?:'•:tiOTar? la '
to rise knowit so be the person described in and who executed ate or. 01 Ineauetcnt ana5 'Ale acknowledged
J " t
before Ina that he executed the same. �j)h •,f�e 4. �W t
IT@IESS my hand and official still in the County and Stato' sI� ctu{a�itiis;.r r If day of
90
. �1r
� A. D, 19 �1r,.��CQ,"t'pAa�,.�':, �
pOileT cretin. StAlt of eloft0a O
M ssio Ex W��d!A41111 a t 1 gvim. _
Y ...... ...... ............. os-veo. ...------...�!�:�,
95
892 ��
1'hyv•rR Al I•rarrr .
...... -_ V,ittel Idenwitmitm \o ..
Iitls Intl ruIII rnt was rrepared by, -+
OUARDO ANTON
i -hire's Allorhey at Low
9369 carol iii suitit 406
MIAMI, FLORIDA 03f66
i Uccuinentar, Sta:hus Co ; ;IeJ S
$ • •-- _ — SJ;;;;,X Cj: :tac `s ::..meted
` I.LIiTI i`i. t V Isii '. - ... - —_—.. :. ,. L`55..� I•Ifd•.•.. n , +. ..... -.l-d :. —._
',lbl P. till..:,-1. L •.., U,_: L.uutr, Fla,
ISt,ace abuse this line list reuirJmg Jaw I "- -....
' WAIx.IUNTY DEED «IAIUW10 >t)161 _ SECIIUN t-AYtl., Fsl
ThisIndenture, made this /� is day III 1490 , Between
j ALBERT PA:7L'QUE, a single persun `
f „I the LuuIlty tit State of grantor', and
-,� STAR CASUALTY INSURANCE' COMPANY, a Florida corpuration '
whose post office address is 33 % S U YV t J I r1 (' r .$ (/ t e- I—
of the• County ❑I -� e1 e State of t• r i d cs _ grantee',
Witnesseth 1hit aiil grantor.. for and in=un-iJerahan ul-tlie
--sum of Ton and -No/100------
(SlU-00) - - -- ----Wilars.
ne(: Ihrr good and valuahle considerations fit aaid Fraiitur III hand paid by said grantee, the receipt wheivol is hereby
IarAnt+a41rd4rJ, hec y ranlyd. bargained and sold fit the sdiel grantee. and grantee's heirs and assigns forever. file fullowuig
Jr-.nHcJ lane) <it uate. lying and being in Dade Cuunty, I•lunda, lu wit.
I
List 27, !duck 3, o: STADLER DOVE, FIRST
ADDITION, according to the Plat thereuf,
as recorded in Plat Book 12 at Page 42,
of the Public Records of Dade County,
Florida.
`I
64""D in 0RIr14e 81COJA iNAW
ff.DAD[ L10 - natia�
"CORDrLMII,LO a;Ale
F-10HAIlD P. E!i1IC>�{11
_ LLfnn CIr.Ctiif ti..t,Ri
J
and wid gramor dues hereby fully warrant the title to said land, and will delend the same against the lawful claims of all
i p nuns whonisoever
"c"anatr' and "grantee.. are used for singular or plural. as context requires
In Witness Whereof, grantor has hereumu set grantor's hand and seal the day and year first above written.
,tined. sgnled and JLlivered m)uur presence.
i
' ✓/'�ri _ V7�--�,�^-_ t �G I i �`L (Seal)
ALBEH- PANkQUE"— — --
j •IAIEor.'
C l)L•NTY OF ,0
1 1f1 RITY CITrlfl that on thus day before line. an officer dilly gnahtied it) take acl,nowb•dgmenls. personally appeared
ALBER'f PANEQUE, a single perscn
r
i to I,i• Liit-wn to lie the per<on(a) dust nb!•d in and w bu e%ectn!-d the foregoing mstrumem and acknowledged before- ntu that
1. he rarcuh,l fill• �anu• t
t%li`I,S me hand and othaid spa( III the (ounly and Staft: Lis LlRwtd Ihn Jay of / 149U
d Nis cnmtni.•Ion vaiares ,...-`,
"9 Notary Public
��
95— 892
�. 1
ATIQRNEl;S All AW.
October 12, 1995
Teresita Fernandez Vialmd Delivery
City of Miami
Planning, Building and Zoning Department
275 N.W. 2nd Street
Miami, Florida
Re: Star Casualty Insurance Company, Inc.
3755-3761 S.W. First Street, Miami, Fl
Dear Ms. Fernandez:
Enclosed is the Unity of Title you requested in connection with the referenced
zoning matter. As discussed with Irma Abella, Assistant City Attorney, an Opinion of
Title is required. We are in the process of obtaining the necessary updates in order to
prepare said Opinion, upon completion we will deliver same to you.
If you have any questions regarding the foregoing or the enclosure, please call.
Sincerely,
/,"-Jerry B. Proctor
JBP: id:28398
Encl.
it
JERRY B. PROCTOR, AICP
305/ 347-3821
WUUX
Address: ECMT SlEA "S CHEM & MELLOW
701 Edohell Avenua, Suite 1850
MlaML, Florida 33131
(Sn a reserved for Merle)
LN1L'A'Y OF 'TITLE
WHEREAS, the undersigned is the Owner of that property described as:
PARCEL; A: QM999 bv_;_$J,ARACgSUAM INSURANCE. COMPANY,,,a Florida corvoration
Lots 26 and 27, Block 3, of Stadler Grove Fist Addition to the Plat thereof as
recorded is Plat Book 12, at page 42, of the Public records of Dade Counry,
Florida.
also known as . 3755 and 3761 S.W. EMT, S'1R E'T, Miami. FJQEWa
ARM B: Owned by: DEQLAS FSTRELLA, Individually
Lots 7,5,9 and 10, Block 3 of Stadler Grove Addition, according to the Plat
thereof as recorded in Plat Book 12, at Page 42, of the Public Records of Dade
County, Florida.
also known as 3746 and 3750 WEST FLAG_LEERR §TREET. Miami. Florida
The undersigned recognizes and acknowledges that for the public health, welfare, safety or
n}orals, the herein-desenbe d property should not be divided into separate parcels owned by
several owners so long as the same is put to the hereinafter use, and
In consideration of the ismmnce of a permit for: Off -Street Puking Facilities
and for other good and valuable considerations, the undersigned hereby agrees to restrict the use
of the subject property in the following manner:
1. That said property shall be considered as one plot and parcel of land and that no portion
of said plot and parcel of land shall be sold, transferred, devised or assigned separately,
except in its entirety as one plat or parcel of land.
2. The undersigned further agrees that this condition, restriction and limitation shall be
I deemed a covenant running with the land and shall be recorded, in the Public Records
of Dade County, Florida and shall remain in full force and effect and be binding upon
the undersigned, their heirs, successors, personal representativei and assigns and upon
all mortgagees or lessees until such time as the same may be released in writing by the
Director of Building and Zoning Department, or his/her designated representative;
provided, however, that this Unity of Title may be released by the Director of Building
and Zoning Department or his/her designated representative, after approval of a site plan
which meets all applicable City regulations.
Signed, sealed, executed and acknowledged on this //-YA day of October, 1995, at
Miami, Florida.
Witnesses: STAR CASUALTY INSURANCE
�� � 0. COMPANY, INC.
Print Nam
By.
Signature Name: NICOLAS ESfiZEEX
Its: President
Print Name Da S
i
signatuirrf-
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledgedbefore me by Nicolas Estrella, President of
Star Casualty Insurance Company, Inc., and on behalf of the corporation. He is ersonally
�o me or has produced as identifica I
Witness my signature and official seal this/ Vay of October, 1995, in the County and
State aforesaid.
MIAMI; F:\DOCS\AVL\SCORUS293.1:10/ 11/95 (8:26am)
ANotaryPublic, S e of Florid
r� rC� �. t& r C Z_
Print Name
My Commission Expires:
BARBARA J. PEREZ
=.R
= MY COMMISSION 9 CC 2*i5`3 ;}
?S a WHILES: May 30,1907
_z_
%� ^r
or �;.• Unded Thru f ;+bsry• Pubi4 Uddd•A-0.1
95- 892
Witnesses:
Print N
By:
Signature Na
Print NamelgVs► 1�c�r22.-�oc�► q,, Z.
Signa e
STATE OF FLORIDA }
SS:
COUNTY OF DADE )
C�A
me:NICO AS ESTRELL dividuall
Tjw-f trument was acknowledged before me by Nicolas Estrella, Individually..
He is Versonally known t me or has produced as
iderlti rc .
Witness my signature and official seal this -IL4c ay of October, 1995, in the County and
State aforesaid.
Notarryy Public, State F o n'�a
Print Name
My Commission Expires:
h1Y CC dMiSS' Y 9 C:.. G.3
EXPIRES. My 38. 1397
1jomWd Thm NaMy PnEUC UnticAritus
MIAMI:F:100CS1AVLISCOR128293.1:10/11/95(8:27am)
5
J DOVGLAS L UN :Gi►i�2 NEIGHBORS de BUSIlVr,,SS ASSOCUTION
i ! INC.
1 i
ADDENDUM
Re: :3755-37f 1 S.W. 1 Street, Miami, FL 33134 (Estrella Insurance)
ll
Legal D `scription - Special Exception
i :Av the Board 'f Directors meeting of the DLFNDA on July 20, 1995 wiih Ms. Vicki Leii a, it ' was
'discussed and agreed that for a Special Exception status to be acceptable, the following ilemsimust
1blIncluded in the Special Exception regarding the 3755-3761 S.W. Ist'St.:
A twei feet (20ft.) setback from the sidewalk will be present.."A solid wall with
no ent ' ce or exit to S.W. lst Street, so that there will be no traffic present. A
landsc pe plan will be provided including grass and trees and• maintained thereafter
' in.
Ord to keep the integrity of the neighborhood. This will .include a 48 hour
cleanup: of graffiti. Southwest 1st Street and 37th Avenue will remain residential f
f This s echd exceptio t will only allow the use of these lots for parking in support=of
1 front ' mmercial Bldg (Estrella Insurance). There will be a cladse stating the fact
that no exit on S.W. 1st street will be permitted now or in the future. Parking io#
! should �be well lighted and a security gate at night so that vandals/homeless cannot
have alcess to parking lot after business hours.
l IRS . ROS.41 Gt1I'J LRRFZ t,R . .1176.N FT,OREfi, FINA GAS ;STAT:ION
�LIL_
• Tr�u�r.-rn 1��,NnES STn E Tt-uHn•anr.�� .
! JUA1d CAB ES AR14AHDO. CIGNONT1.
HR. -AND MR 3 . MANNY 0ARTINE 1,11R. GERAT! 1)0-FEkREl %
!
i
i OFRLAI•lDO IT., NAS ? ARMANDO DIAZ
ARMANDO Q4IROS APIs; , U.RQUI.OLA'. ,
i ;
l � i
95- 892
l�
I ki
RESOLUTION
WHEREAS, the Board of Directors of the Douglas Ukune/Flagler Neighbors
anii Busih'ess lsoeietion, Inc.. met to discuss the matter of properties located 'at 3755 andJ3761*
S.*J.1 First, Stne t, Miami, Florida-, and
;WHEREAS,'; representatives of the property owner, Star C.asualry Insurance' A/k/a
ZRskrejla Insurance, made a presentation of the proposed development to,the properties; 4d
�EREAS, the neighbors in direct proximity to those properties, have exprhssed
d1w --_sUoort per the aitached letter of support.
THEREFORE, the matter of supporting the dev'elo'pmeint as.*oposed b� the!
attached plan +as discussed 'by the -Board of Directors and a motion was' made to approve and
.support the,pr posed development at 3755 and 3761 S.W. First Street.
1irOTED AS FOLLOWS: YES NO
el Urquiola, President
'..taida Mendez, Vice- President N
Vivian Aqtiin6' Secretary
3aul Debe __
si, Treasurer _Z
)livia'Medina, Vice -Treasurer
I Rosa AlvaTCZ,. Asst. Secretary
14aria, Uria, As'st. Secretary X
kaul Vallejo, Public Relations
REFOREt BE IT RESOLVED AND ADOPTED; :by a inajoriry of the
13 4rd of Dire 'tors of the Association that the Association is in suport of the proposed
deVelopment.
Signe q d !this !day of September, 1995.
At
By:
95- 892
TO:, CITY OF MAIMI DATr-:
1 We the 'undersigned hereby support the proposed project at 3753 and 3761 S.W 2 First1
beetiMiami i ]Florida. As neighbors to these properties, we ttgrec'; with the proposal to'
detttoish'the t .o structures at the aforementioned address and to utilize those lots for paWak,
It is our undo landing that the property owner/applicant for a City of Miami Zoning Haring,
ahailproffer a ;the hearing a Covenant which will require the construction of a CBS block wall,
lasaist:aping, a 'd.s gate for use after hours at the parking lot entrance on Fiagler Street, as per,
the attached p . . Our support for this project is granted conditioned upon the Covenant being
submitted to a City. of Miami prior to the final hearing on this matter.;
:EAST SIDE AND WEST SIDE OF THE LOT WALLS SUQULD rM 8 FEET HIGH
AND THE NEIGHBORS REQUEST THAT THE SINGLE FAHILX LOT BE AT LEAST.
1 leis Rosa Gutierrez Mr. Juan Flores/,Fina as Station
Address: Address:
4 fia�ni .3%d0 Y/
Ifiinature: I Signature:
Iris Ignacio lOrendes IPA—
Aares;:
104aC.
�2�d r •
Signature:
Mr. Juan C4brales
Address:
Signature: 1 i
tvir. and M Manny Martinez
Mr. Atrnand j� 0
Address:
Signature:
Mr. Gerardo Ferrer
Address:
Sr tun: Signs
,
1. r. Armando Diaz
1: Address:
Mr. OrlandiLlamas S.�r+'• 3F fixE`. �1iiq�rrs%
• Address: Si i .
Si tur
-.4j_
1 Ivlr n o Quiros
r A.
! ature: ,6�i
;1113. Vo
rSTRrVLA' WILL BE RESPONSIBLE FOR MAINTAINIPIG THE T,ANDSCAPING;
' AND 'THE C IIB.S BLOCK WALL SHOULD BE AS SHOWN IN THZ, PICTURE.
MI/J.1fsP:DOCSMVLti4COat2Mli.1:97dNlrl]:ups� -l— t
• I
95- 892
To ; Walter J. Foeman DATE : December 8, 1995 FILE
City Clerk
SUBJECT : City Commission Meeting of
December 7, 1995; Item PZ 1
l�
FRO qIepu E. Maxwell REFERENCES:
ty Ci
tyy Attorney ENCLOSURES
Attached, please find the "Declaration of Restrictive Covenants" tendered, during the hearing, by
the applicant on item "PZ 1," at the December 7, 1995, City Commission -Meeting. Please include
this covenant in the record for said item.
Attachment
cc: Teresita Fernandez
Chief, Hearing Boards
t Irma M. Abella
' Assistant City Attorney
4
0
7
Prepared by: A. Vicky Leiva, Esq.
Eckert Seamans Cherin & Mellott
701 Erickell Avenue, Suite 1850
Miami, Florida 33131 Space Reserved for Clerk
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this 24th day of
November, 1995, by Star Casualty Insurance Company, Inc., a Florida corporation
(hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a
municipality located within the State of Florida (hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owner holds fee -simple title to certain Property in the City of Miami,
State of Florida (the "City"), located at 3755 and 3761 S.W. 1st Street, Miami, Florida, and
legally described as:
LOTS 26 and 27, BLOCK 3, Stadler Grove Addition No. 1 Subdivision,
according to the Plat thereof, as recorded in Plat Book 12, at Page 42 of the
Public Records of Dade County, Florida.
(the "Property"); and
VUIEREAS, the Owner is presently an applicant before the City of Miami City
Commission for a special exception to allow an accessory surface parking facility at the Property
in conjunction with an commercial office building located at 3746-3750 West Flagler Street,
legally described as Lots 7, 8, 9 and 10, Block 3 of Stadler Grove Addition No. 1 Subdivision,
according to the plat thereof, as recorded in Plat Book 12 at Page 42 of the Public Records of
Dade County, Florida (the "Adjacent Property"); and
I` MIA.MI:F:\DOCS\AVL\RE\24168.3:12/5/95(3:Olpm)
9-� 892
�Y 1
a
k
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this Declaration,
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the land and binding upon the Owner of the Property, and its heirs, successors and.
assigns as follows:
Section 1. The recitals and findings set forth in the preamble of this Declaration are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Use of Iroperty. The principal use of the Property shall be for parking in
conjunction with the Adjacent Property.
Section 3. Access. There shall be no access of vehicular traffic to the Property from
S.W. 1st Street. All access to the Property shall be from entrances on Flagler Street only.
Section 4. Front Setbacks. A setback of 20 feet from the property line at the public
sidewalk on S.W. 1st Street shall be required for the construction of a concrete -block -structure
wall six feet (6') in height finished and painted on both sides, which shall be constructed at the
southern boundary of the Property (the "Front Wall").
Section 5. Side Setbacks. A concrete -block -structure wall eight feet (8') in height
finished and painted on both sides, shall be constructed at the side setbacks of the Property (the
"Side Walls").
Section 6. Lighting and Security. The parking lot on the Property shall be lighted and
a security gate shall be installed at the Flagler entrance to be used during nights and weekends
I when business is not in operation.
- y y MIAMI:F:\DOCS\AVL\RE\24168.3:11/30/95(4:47pm)
-2-
95-- 892
Section 7. Zoning. The Property shall remain zoned as single-family residential, and
Owner shall not request a change of zoning for fifteen (15) years from the effective date of this
Declaration.
Section 8. Landscape flan and Maintenance. The Property shall be landscaped in
accordance with a landscaping plan (the "Landscaping Plan"). Owner shall be responsible for
the maintenance of the landscaping the Front Wall and the Side Walls.
Owner shall undertake clean-up and/or repairs within 48 hours of receiving notice of
damage and/or vandalism of the Front Wall, Side Walls or Landscaping .
Section 9. Effective Date. If the City of Miami Commission approves the Special
Exception, and after said approval has become final and non -appealable, this instrument shall
constitute a covenant running with the title to the Property and shall be binding upon Owner,
its successors and assigns. These restrictions shall be limitation upon all present and future
owners of the Property and shall be for the public welfare.
Section 10. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed by the
then owner of the fee -simple title to the land to be affected by such modification, amendment
or release, providing that same has been approved by the City of Miami Commission after a
public hearing which public hearing shall be applied for and at the expense of the Owner.
Should this instrument be so modified, amended or released, the Director of the City's
Community Planning and Revitalization Department or his successor shall execute a written
instrument in recordable form effectuating and acknowledging such modification, amendment
or release.
f
MIAMI:F:\DOCS\AVL\RE\241683:11/30145(4:47pm)
-3-
95- 892
Section 11. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public
records of Dade County and shall be automatically extended for successive period of ten (10)
years thereafter unless modified, amended or released prior to the expiration thereof.
Section 12. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right any time during normal working hours of
entering and investigating the use of the Property to determine whether the conditions of this
Declaration and the requirements of the City's Building and Zoning Regulations are being
complied with. An enforcement action may be brought by the City. or by any property owner
within 375 feet of the Property by action in law or in equity against any party or person
violating or attempting to violate any covenants of this Declaration, or provisions of the building
and zoning regulations, either to restrain violations or to recover damages. The prevailing party
in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This
enforcement provision shall be in addition to any other remedies available under the law.
Section 13. Severability. Invalidation of any one of these covenants by judgment of
Court shall not affect any of the other provisions of the Declaration, which shall remain in full
force and effect.
Section 14. Recordine. This Declaration shall be filed of record among the Public
Records of Dade County, Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and seals this 24th day
of November, 1995.
WITNES STAR CASUALTY INSURANCE
COMPANY, INC.
Corporate ecretary
By:
Nicolas Estrella
Its: President
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 24th day of NoveCmb
4icqlas Estrella, as President of Star Casualty Insurance Company, Inc., who personally
i r
known t who has produced as identi I ton and
6 did did n take an oath.
Name-
i fission No.:
Notary Public, State of Florida at Large
ARBARA PEREZ
My Commission Expires: 41 MY BJ.•
MMMION 0 CC 291628
DORES. May 30, 1997 1
W*d Thm NOWY PUW WMMM"
MIAMI:F:NDOCSXAVLXRE\24168.3:11/30/95(4:47pM)
. -5-
96- 892
!CORPORATE RESOLUTION
WHEREAS, the Board of Directors of Star Casualty Insurance Company, Inc. desires
to enter into an agreement with the City of Miami entitled Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of Star Casualty Insurance Company, Inc. has
examined terms, conditions and obligations of the proposed Agreement with the City; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of Star
Casualty Insurance Company, Inc. that the President is hereby authorized and instructed to enter
into said agreement in the name of and on behalf of this corporation with the City of Miami in
accordance with the terms and conditions of the Declaration of Restrictive Covenants.
IN WITNESS WHEREOF, this 24th day of November, 1995.
By
Nicolas Estrella, Preside
Attest:
Corporate
(SEAT.)
95- 892
OPINION OF TITLE
To: CITY OF MIAMI, FLORIDA
With the understanding that this opinion of title is furnished to the CITY OF MIAMI,
FLORIDA, as an inducement for the acceptance of a Declaration of Restrictive Covenants
covering the real property hereinafter described, it is hereby certified that we have examined
(i) Attorneys Title Insurance Fund, Inc. Owner's Policy No. OPM-411130 with an effective
date of August 1, 1990, at 2:30 P.M. (as to Parcel A), (ii) Attorneys Title Insurance Fund, Inc.
Owner's Policy No. OPM-471129 with an effective date of June 8, 1990 at 2:30 P.M. (as to
Parcel B), and (iii) Attorneys Title Insurance Fund, Inc. Owner's Policy No. OG-938039 with
an effective date of November 3, 1981, together with Attorney's Title Insurance Fund, Inc.
computer printouts through November 28, 1995 at 11:00 p.m,, covering the period from the
BEGINNING to November 28, 1995 at 11:00 P.M., inclusive, of the following described real
property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Basing our opinion on said complete abstract or title policy covering said period I we
are of the opinion that on the last mentioned date the fee simple title to the above described
real property was vested in:
As to Parcel A: STAR CASUALTY INSURANCE COMPANY, a Florida
corporation
As to Parcel B: STAR CASUALTY INSURANCE COMPANY, a Florida
corporation
As to Parcel C: NICOLAS ESTRELLA
Subject to the following liens, encumbrances, and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered, unless noted below that such
taxes have been paid..
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
95- 892
r
SPECIAL EXCEPTIONS
AS TO PARCEL A:
1. Restrictions, conditions, reservations and limitations which are set forth in that Warranty
Deed dated March 1, 1925, and recorded June 2, 1925, in Deed Book 657, at Page 142.
The restrictions do not contain a reverter clause.
AS TO PARCEL B:
2. Restrictions, conditions, reservations and limitations which are set forth in that Warranty
Deed dated February 10, 1925, and recorded July 22, 1925, in Deed Book 674, at Page
412.
AS TO PARCEL C:
3. UCC-1 Financing Statement naming Nicolas Estrella as Debtor and naming
SunBank/Miami, N.A. as Secured Party, recorded June 24, 1993, in Official Records
Book 15961, Page 3158.
AS TO PARCELS A, B AND C:
4. Restrictions, reservations, conditions, limitations and easements contained in the Plat
of STADLER GROVE, FIRST ADDITION, as recorded in Plat Book 12, at Page 42.
ALL RECORDING REFERENCES ARE AS TO THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, UNLESS OTHERWISE SPECIFIED.
None of the exceptions listed above will restrict the use of the property for the purposes
set forth in the attached water and sewer agreement, assignment, warranty deed, easement,
covenant and unity of title, as applicable.
2
I 95- 892
w�
EXHIBIT "A"
PARCEL A:
Lot 26, Block 3, of STADLER GROVE, FIRST ADDITION,
according to the Plat thereof, as recorded in Plat Book 12, at Page
42, of the Public Records of Dade County, Florida.
PARCEL B:
Lot 27, Block 3, of STADLER GROVE, FIRST ADDITION,
according to the Plat thereof, as recorded in Plat Book 12, at Page
42, of the Public Records of Dade County, Florida.
PARCEL C:
Lots,7, 8, 9 and 10, Block 3, of STADLER GROVE, FIRST
ADDITION, according to the Plat thereof, as recorded in Plat
Book 12, at Page 42, of the Public Records of Dade County,
Florida.
'-1
1, the undersigned, further certify that I am an attorney -at -law duly admitted to practice
in the State of Florida, and am a member in good standing of The Florida Bar.
Respectfully submitted this ' day
of December, 1995.
ECKERT SEAMANS CHERIN & MELLOTT
701 Brickell Avenue, 1 Floor
Miami, Florid 33
(305) 3n3-9 0
By. 1 _
Mark I. Aronson, Esq.
' 1
This instrument was prepared by:
Name: Stanley 8. Price, Esquire
Address: ECKERT SEAMANS CHERIN & MELLOTT
701 Brickeil Avenue, Suite 1850
Miami, Florida 33131
(Space reserved for Clerk)
UNITY OF TITLE
WHEREAS, the undersigned is the Owner of that property described as:
PARCEL A: Owned by: STAR CASUALTY INSURANCE COMPANY, a Florida corporation
Lots 26 and 27, Block 3, of Stadler Grove First Addition to the Plat thereof as
recorded in Plat Book 12, at Page 42, of the Public Records of Dade County,
Florida.
also known as 3755 and 3761 S.W. FIRST STREET, Miami, Florida
PARCEL B: Owned by: NICOLAS ESTRELLA, Individually
Lots 7,8,9 and 10, Block 3 of Stadler Grove Addition, according to the Plat
thereof as recorded in Plat Book 12, at Page 42, of the Public Records of Dade
County, Florida.
also known as 3746 and 3750 WEST FLAGLER STREET, Miami, Florida
The undersigned recognizes and acknowledges that for the public health, welfare, safety or
morals, the herein -described property should not be divided into separate parcels owned by
several owners so long as the same is put to the hereinafter use, and
In consideration of the issuance of a permit for: Off -Street Parking Facilities
and for other good and valuable considerations, the undersigned hereby agrees to restrict the use
of the subject property in the following manner:
1. That said property shall be considered as one plot and parcel of land and that no portion
of said plot and parcel of land shall be sold, transferred, devised or assigned separately,
except in its entirety as one plot or parcel of land.
2. The undersigned further agrees that this condition, restriction and limitation shall be
deemed a covenant running with the land and shall be recorded, in the Public Records
of Dade County, Florida and shall remain in full force and effect and be binding upon
MIAMI: F :\DOCS\AV L\SCGR\2B293.1:11117195 (11:54am)
95- 892
i
the undersigned, their heirs, successors, personal representatives and assigns and upon
all mortgagees or lessees until such time as the same may be released in writing by the
Director of Building and Zoning Department, or his/her designated representative;
provided, however, that this Unity of Title may be released by the Director of Building
and Zoning Department or his/her designated representative, after approval of a site plan
which meets all applicable City regulations.
Signed, sealed, executed and acknowledged on this I/fit day of October, 1995, at
Miami, Florida.
Witnesses: STAR CASUALTY INSURANCE
V
COMPANY, INC.
Print Namf � tt
By:
Signature Name: NICOLAS ES
Its:President
Print Name -ba s s f TNOftri
S ignatu
STATE OF FLORIDA )
SS:
COUNTY OF DADE }
The foregoing instrument was acknowledged before me by Nicolas Estrella, President of
Star Casualty Insurance Company, Inc., and on behalf of the corporation. He is rsonally
�a me or has produced as identificau
Witness my signature and official seal this/Lay of October, 1995,vn the County and
State aforesaid.
r
Notary Public, S e of Florid
,-c, rba ra.:S. 't'P r e —
Print Name
My Commission Expires:
2���s LtY CQANiPSS'tJ'� 1 G: 2@16's3 �1
.z_ OWES: U4 30,1597
, r 1 leaft Thju AoOry RiOY,: Unbtmrtt►as
95- 892
Signature
Print Name -20cl "94-e
Siena e
SS:
By:
Name: NICOLAS- E5 LUL Mdually
T t1ument was acknowledged before me by Nicolas Estrella, Individually.
He is &Verson7ally known t me or has produced as
identi Ic g
Witness my signature and official seal this I-L ay of October, 1995, in the County and
State aforesaid.
MUW:F:U)OCStAVL=OR1ZM.1:10/tLM(S:Z7an)
T No Public, State orGa &T
t—a r c,,.
Print Name
My Commission Expires:
BARBARA J. PER=
71
4 A to =AMW--.4 f cc zr.m
DOM May 3D. INT
30MM TWU HXWY fthk LUkrAkMT1WZ
-3-
95— 892
, ram,
i
i
RESOLUTION
V EREAS, the Board of Directors of the Douglas,WeunetFlagler Neighbors
ana Business iation, Inc., stet to discuss the matter of properties located at 3755 andl376i
S..w First Str et, Miami, Florida; and
41 WREAS, representatives of the property owner,•Star Casualty Insurance'a/lc/a
Estrella Insurance, made a presentation of the proposed development to 4he properties; a#d
jPVIIF.REAS, *the neighbors in direct proximity to those properties have expressed
( their support a per the attached letter of support.
�TTMFORE, the matter of supporting the Bevel®pment as.oposed by the
attached plan vas discussed by the Board of Directors and a motion was' made to approve and
support the proposed development at 3755 and 3761 S. V. First Street. '
! ,
i VOTED AS FOLLOWS: YES NO
1�►ngeI Urquiola, President ;
;raids -Mendez, Vice: President : x
ivian A wino; Secretary~.—
I kosa.
aul DebesaTreasurerlivia: Medina* Vice -Treasurer Alvarez* Asst. Secretary
Maria Urfa, Asst. Secretary X
! Maul Vallejo, Public Relations
R.EFORE, BE IT RESOLVED AND AiDOVMD;-: by a majority of the
Board -of' Dire `tors of the Association that the Association is in sul" rt :of the prog�osed
> ; deVelo . ment.
Sigried,�xhisD day of September, 1995.
101
By: .
AttesW: :
:
• i r '
item on
If alter. Foe nan
Vity/ Jerk
8•.9 2
DOUGLAS LEJEUNE 1r"LAGLER NEIGHBORS & BUSINESS ASSOC�.TION,
I I 1 ,
{INC. 1
i'
ADDENDUM
i .Re; '3755-37 1 S.W. 1 Street, Miami, FL 33134 (Estrella Insurance)
Legal it 'ption -Special Exception
i At; the Board of Directors meeting of the DLFNBA on July 20, 1.995 wiith Ms. Vicki Leiiva, it was
.discussed and 'greed that for a Special Exception status to be acceptable, the following iiems:must
1 be included in',the Special Exception regarding the 3755-3761 S:W.. lst'St.:
. A' twettiy feet (20ft.il setback from the sidewalk will be present. •-A solid wall with
' no enuince or exit to S.W. 1st Street, so that there will be. no traffic present. A
landsc pe plan will be provided including grass and trees: and maintained thereafter
in, ordef to keep the integrity of the neighborhood. This wiil .inciude a 48 hour
cleanuR.of graffiti. Southwest 1st Street and 37th Avenue will remain residential:
This ctat excepuT will only allow the use of these lots for parking in support' of
front mmercial Bldg (Estrella Insurance). There wi11 be a clause stating the fact
that noli"xit an S.W.ilst street will be permitted now or in the future. Parking lot
should !be well light 1d and a securityate at night so that vandats/homeless cannon '
have a#ess to parking glot after business hours.
ROS AIGUT'I ERRFZ 24R, JUAN F 1 QRES , FINA G S .; STATION
:T z �nTQ 2R6
1TTTC;Tn 77_P'ATAXnr,7
:T7VA ES AM4AMDO CSGNQViT ;
CAB .•
-AND MRi . MANNY OARTINEZ MR. GERARI)0 .FERRrm
jj
i ORLANDO LLB iAS ARIIANDO DIAZ
ARMANDO Q�IRGS ; ANGEL URQUIOLA:
(a -- I
t
• I 1
1 I
95•- '89:2.
T6: CITY OF MAIMI DATE.! enAL M''
We the !undetsigned hereby support the proposed project at 575$ and 3761 S -W) First i.
treet, b4lami,( Florida. At neighbors to these properties,, we, kgtC6 i, with the proposal tc)
I a
1542,01ish1he 4o structures at the aforementioned address and to utilize those lots for pafkink.
It 0 6ur um'nde 'tending that the property owner/applicant for a City of Miami Zoning Hering, -
ilihiliprofter al ;the hearing a! Covenant whi6 will require the construction of 'a CBS block wall,
lamds�apin8, a id.a gate for use afterparking lot entrance o6 Flagler Street, as per;
hours at the .' fife Covenantbeing
the attacbed-plin. our support for dils project is granted conditioned. upon
submitted to b City Miami prior to the final hearing on this. matter:!d
,.'EAST SIDE 4ND WEST SIDE. OF VE 1,0T WALES S110ULD BE. 8 'FEET HIGH
AND' THE NI -�GHBDRS REQUEST 71iAT THE STTTGLE FAMILY 1110T -BE AT LEA,ST,
Rosa Gtierrez
Address:
Mt. Ignacio Prendes
4ddres�,
-
ow F7,ry
p
Ifr.. Juan C4rales
Address,
Signature: ; f
Mr. and Mrs: Manny Martinez
Address:
77-74t e=,W.
lr� - I.
Mr. Orland (Llamas
aiesi:
gutuFe:
.7
- I _'Z.
01 Pd
Mr. Juan Flores/Finn Gas Station
Address:
Signature:
Mr. Am
Address:
Ilk`
Sig
Mr. Gerardo T7errer
Address:
Sign
1� rrArmando Diaz
Address:
Si
101; Iola
jss.-Irr. 3fR V46
h
I'1
E !�TR �tA' BE RESPONSIBLE FOR
J.R - WILL hIAINTAIDITNO THE :LANDSCAP-1VG'
'ARD VE C�1`1.S BLOCK :PALL SHOULD BE AS SHOWiT IN THE, PICTURE,
89,
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