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HomeMy WebLinkAboutO-10950J-91-683 9/26/91 10950 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 283 NORTHWEST 35 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of September 16, 1991, Item No. 1, following an advertised hearing, duly adopted Resolution No. ZB 47-91 by a nine to zero (9-0) vote, RECOMMENDING APPROVAL of a change of zoning classification, as set forth herein; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: 10950 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Zoning Atlas contained in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification from R-3 Multi -Family Medium Density Residential with an SD-12 Special Buffer Overlay District to C-2 Liberal Commercial for the property located at 283 Northwest 35 Street, Miami, Florida, also described as Lot 14, Block 1, CHEFNEUX SUBDIVISION, as recorded in Plat Book 15 at Page 34 of the Public Records of Dade County, Florida. Section 3. It is hereby found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; - 2 - (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property values in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. Section 4. Page No. 21 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, is hereby amended to reflect the changes made necessary by this amendment. Section S. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. - 3 - 10950 PASSED ON FIRST READING BY TITLE ONLY this 26th day of September , 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 18th day of February 1992. XAVT R L. SUAREZ, MAYOR AT S M TTY HIRAI CITY CLERK P EPARED AND APPROVED BY: G. MIRIAM MAAR CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . Qufft c S ,r I ITY ATT EY GMMJrma! ss/M838 - 4 - 10950 Pt-2 LOCATION/LEGAL 283 NW 35 Street Lot 14 Block 1 CHEFNEUX SUB (15-34) APPLICANT/OWNER Robert McCann& Reilly,Trustee 810 Barry Street Miami, Florida 33140 Phone 531-1512 ZONING R-3 Multifamily Mtdium Density Residential with an SD-12 Special Buffer Overlay Distri=t REQUEST Change of Zoning to C-2 Liberal Commercial. RECOMMEDATION 2ZISdL. The area established as SO-12 Special Buffer Overlay District, of which the subject lot is a part, extends from NW 6 Avenue on the west to one lot short of NW 2 Avenue on the east. This specific SD-12 District was established precisely to permit on -site surface parking for a large number of commercial properties facing Nil 36 Street. A second purpose for the buffer district is the protection of the extensive R-3 district located im"iately to the south Avenue to NW 2 Avenue. The resultant changes would result in the placement of commercial structures along the north side of NW 35 Street, and commercial vehicles immediately across the street from an existing residential neighborhood. No Comment. 10950 2nHTN B�AHII At its meeting ^f Septembor :6, 1991, the tot Board adopted Resolution Number 45-91, by a 9 to 0 vote, reca=Qndinq approval of the above. At its meeting of September 26, 1991, three PROPONENTS were present at the meeting. Six replies in FAVOR were received by mail. CITY COMMISSION At its cretin$ of Septeaber 26, 1991, the City Cowmission passed the above. At its meeting of January 23, 1992, the City Conission continued the above. 10950 • la 14 1• is 7 to to tO tf t as t• o. 5�aoee: mmw PC as �11�.c'a a�oaeaOftao� 900mm��mGSt IVA{�o00oEDs -.r �d�avc.�e amAmmmPJe:9lEww :�3o�p�p�fdSElA@ otiao-�o MOW r�6��i�9�07rile �emmeee�sa�� Ion 0 CWCI z'"I aoa-2G 0 U. cm �AAWGdG�Gl� �eaeoe aaaoa�Aa�aa�n. :11ao'a�a �o eee�e�ees� . w 1 N 1! M 1! • t ai t • �• 111 • • , 1 -pp WYNOWOOD = -o .. ST. � � PARK 0 CWCI z'"I aoa-2G 0 U. cm �AAWGdG�Gl� �eaeoe aaaoa�Aa�aa�n. :11ao'a�a �o eee�e�ees� . w 1 N 1! M 1! • t ai t • �• 111 • • , 1 -pp WYNOWOOD = -o .. ST. � � PARK . . _ . . 10 • • 7 • ; N 11 1• t • • a I et 1 10 tt to • ft a 1. er.»wrl, to Ia • M r ti~ .. •. • ' a. k w 34 • • , . f • ) t t t • • • • , • • • a t I �t 1• N N n I.' Nat at a• ae ST. is N a/ as a I ,. •. If. . 1I N. W. 33 . • t a 1 /s . 00jIAM 10544 N 1• i 9. 1.. IS s 14 • am 1989-2000 �. K t• n l• u ! t• r n I• a as t o I• I• I1 • t a ., .. ' �rox: 283 N.W. 3� ' S T. N 1K . ci 0eet 1 • •• , • f • f t 1 W f•, • t 1 1 t I 1 1 t I t Frm' Medium Der • t • sA = f a 7•! ftitiiai] S t6 20 T ° Baaidentij » • 1• 17 .1• of :• tt ta• a- ` � » tt • • • , 11 i• . • ;• ; . �» , • -- .. .. c ,. •,; `� y . To.. General Cam APP! ;CATION FOR AMF - AENT 70 ZONING ATLAS r- Numoer ZA-33- I, JEC e reby apply to the City Cornmjs. $ion of to l.ity of Miami for an amenmmenr he oning Atlas of the City of Miami cs more particularty described herein and, in support of that request, furnish the following informations 1. Address of property 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to application! 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to applicatiorU. 4. Certified list of owners of root estate within 375' radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach :o appUcarton.1 S. At least two photographs that show the entire property (land and improvements). L 6. Atlas sheet(s) on which property pears 7. Present Zoning Designation 8. Proposed Zoning Designation y .9. Statement appitcationlexplaining why present Zoning designation is inappropriate. (Attach to �10. Statement as to wh catiorU y proposed zoning designation is appropriate. (Attach to appti- _I 1. Other (Speewy) _12. Filing Fee of s according to following schedule: (a) Toe RS-1, RS-I.I, RS-29 0.01per sq.ft. of net lot area, minimum RG- I , PD-M, P0-I-iC, 1390.00 (b) To: RC-2, RC-2.1, 040per sq.ft. of net lot"area, minimum RC-2.3, RO-I, RO-2.1 (c) Toe RC-2.2, RC-39 per sq.ft. of net lot area, minimum RO-3;, jp,pp 1 1.0950 S fd) :61-•Z. CR•3. C•1. C.^r•I► CG2. 'wF•t, ,NF.�. Vol 1.12 (e) Tos CM• 1. S?I•e S 0.20 per sq.ft. of net lot area.iininum M0.00 S 0.22 per sq.ft. of net lot area.mini=A S850.00 (f) For aw ctange in a sector nu w onlyq for a oartieviar eistric _:=Sific:. tier, me fee snali be me SWM a= fat a eMange in iti MAMIrt e:0331fieatton. 1 shown in (b) ttiraign (0) oneve. STATE OF FLORIDA) S& 'COUNTY OF OAOE ) c. C A k � . bea+q *dy r*wT, decom we um m t me is me twwner; tAvmorisea Agent for win w) OR tho red wowny aeacibed in wawer to wAstion 0I, =9061 that he has read the foregeinq wwfm s ati that me Sam are true W4 eore+otete; W4 (if aesirsq as agent for owrw) that he hat authority to WISCAe Tres petition an oeftf of the oww. SWORN TO AND SUBSCRIBC befert me Mis cb- de1► of -r L. MY COMMISSION EXPIRE 9-I,-�-95r No Notary VAGIWL, 3tine at tNr11! Ct 6xv 10950 9. The present zoning designation of SD-12 was designed to permit parking which services the commercial establishments on N.W. 36th Street. However, the SD-12 special buffer overlay district regulations do not permit ingress and egress from the service parking lot onto N.W. 33rd St. Furthermore there is a minimum lot width of 100 feet and the subject lot is only SO feet in width. Therefore, the only alternative to permit parking on this lot which is essential for the viability of the awning company business is to rezone the property to commercial. The only viable use for the lot is for service parking. 10. The C-2 commercial is an appropriate designation for the subject property. It is appropriate since the property directly to the north is zoned C-2 and 400 ft. to the east is also zoned C- 2. The entire street has non-conforminq entrances for commercially used parking lots. Therefore this designation is compatible with the surrounding land uses and is an appropriate zoning designation for the property. 10950 STAM Or FMMIM ) SS. Before me, the unaersagnea aut=rity, this day penally appearOd ROBERT KC CAMNA_ REILLY , who bei.^.g by n-- f:.T Qu:y sworn. upon oat: deposes and says: I. That he is the owner, or the lepl r *=vsW-. ative of •,he mw, s=mittu g the ac==pmyuW appUcatum for a public hewing as required by Chace No. 9500 of the Code of the City of Ntimm iorida, ef'feci:.g the real property located in the City of Kim= as descricec and listed c:z the pages attached to this affidavit aad made a parr thereof. 2. That all ownwss which he repots . If my, have given their full arsd complete permission for him to act in their beha2f for the brzwge or mod -I fication of a classification or regtisistion of z=dms as set oL::z the ac_.....arnng peti`AM. 3. That the pass attached hereto and cede a pan of this of i at i= c=rzaim the c�srTWWI names. =414:: add.^esses, phone mmimrs and lepl desemptioas for the real property which he is the owner or lepi repreScIzative . 4. The facts -as in the application and doctr..atts m=ttomd in =Jumetion with this affidavit are true and correct. F=%her Affiant styeth not. Sworm. tc and Subsrzbed before me IMV 0 ROBERT �MCANNA REI m 10950 11 My r'�: v r .... C..•.,; ...� .. OWNER'S I,:ST 1vner's dame Ro;lrg MC CANNA REILLY. TRUSTEE "ailing Address S10 Bp,RRY•STREE? MIAMI, FLORIDA 33140 eleoncne Number HOME 531-1512 OFFICE 576-2029 _enai :escriotion: LOT 14 LESS STREET BLK 1 i CHEFNEUX SUBDIVISION PLATBOOK 15 - PAGE 34 PUBLIC RECORDS OF DADE COUNTY Owner's Name Mailing Address 1'e 1 eonone Number_ legal Description Owner's Name Mailing Address 7eleonone Number Legal Description: 0 Any other real estate property owned individually, jointly, or severally (by ccrporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address 282 NW 36 STREET Street Address Street Address Legal Description Legal Description Legal Description 10950 ul3 nc. ..t —~fir 1. Laq&L description and street address of a"D7ect :gal Fzopft—,!: LOT 14 LESS STREET BLK 1 CHEFNEUX SUB DIVISION PLAT BOOK L5 PAGE 34 OF PUBLIC RECORD OF DADE COUXTY 283 N.W. 33TH STREET, `SIAMI FLORIDA. 2. Owner(s) of subject :sal property and percentage of ownership. Note: City of .4i&mx Ordinance No. 9419 requires disclosure of all parties 1` g a financial interest, either direct or indirect, in the suojeet matter of a presentation, request or petition to the City Coimussion. Accordingly, question i2 requires disclosure of all shareholders of Orations, beneficiaries of trusts, mWor any other interested parties, :ogetnsr with their addresses aid proportionate interest. ROBERT MC CANNA REILLY AND MARY SABEIL REILLY TRUST - 10C 7 ROBERT MC CANNA REILLY, TRUSTEE BENEFICIARIES; ROBERT MC CANNA REILLY AND WY SABOL REILLY 3. Legal description and street address of any real property (a) owned by say pasty listed in sewer to gAstsan •2, ad (b) lonatsd within 375 feet of the subject real property. LOTS 8.9,10, 6 11 CHLFNIUZ SUE. P.B 15-34 •1,�, F 1 b" duly =ea, deposes and says am ne is the iQvmcj ( tonne for owner) of the real property described in anmar to queeti+on 01, amma$ thane he has coal the for�goiaq arwers and trait the sea• an tars ad aospie"I aid (if aWAM as aetorrey for owner) that he has. authority to eseiom this DisaLamae o[ orRarship foot an behalf at the owner. Sworn TO AM SCISCRmw oefare fa this 28TR day of JANU_ �, =91. /O TRUST AGREEMENT Truat.Agreement made April 27, 1990, between Robert McCann& Reilly and Mary Sabel Reilly, husband and wife, of 810 Barry Street, City of Miami Beach, County of Dade, State of IIarida, as trustocs and Robert McCanna Reilly of $10 Barry Street, City of Miami Beach, County of Dada, State of Florida, as trustee. in consideration of the corms and conditions set forth herein, trustocs and trustee agree: SSCTION I TRANSF91 IN TRUST Trustees hereby transfer and deliver to trustee all of the property set forth is Schedule A, attached and incorporated by this reference. the receipt of such property is hereby acknovlodged by trustee. Such property, together with any other property that may later ►aroma subject to this trust, shall constitute the trust estate and shall be hold, administered and distributed by trustee as prodded is this agreemest. 89CTION It DISPOSITION DURING JOINT LIT&$ 01 TRUSTORS During the joist lives of trusters, trustee shall hold and manage the treat estate sad shall dispose of the not income and principal thereof as follove: A. Payment Of Ingalls to Trusters. Trustee shall, at least quarterly, unless otherwise directed by both trusters in writing, pay to or apply for the joint benefit of trustees all of the not income of the trust estate. S. Distribution as Incompetency. It either trustor becomes incapacitated through illness, age or any other cause then trustee may, in trustee's diaeretion, pay the entire net amount of the trust est•ata to the remainLag trustee, or apply such portion of the not income of the trust estate, up to the whole thereof. for tits benefij of the trustor so ineapoeitated. ` 10950 C. inves of Corpus. S iou1d the net in : of the true istate be insufficient to provide for the health, maintenance, or support of trustors, trustee, in trustee's absolute discretion, shall pay to or apply for the benefit of trustors, or either of then, such amount fran tits principal of the trust estate as trustee may, in trustee's absolute discretion, does necessary or advisobIs for the health, asintenanca, education, or support of true tar e. 0. Trustor's Oliection of Payment. Truatara, acting jointly, say at any ties direct trust** in writing to pay single suss or periodic payments out of the trust estate to any parson or organisation, including the trustors, or either of thee. SECTION III DISPOSITION ATT&K DZATN OT TIUST TRUSTOR TO DIL On and after the death of either truster leaving the other trustor surviving his or her, trustee eh411 divide the trust estate, Including any addition made to the trust by reason of th* death of the first truster to die, such as life insurance policies on the life of the first truster to die or assets added to the trust under any provision of the Mill of the first trustee to die, into two separate trusts, designated the "Marital Deduction Trust" and the "Residuary trust." SECTION IT MARITAL OLDUCTION TRUST The Marital Deduction Trust shall consist of a pecuniary amount equal to the maximum marital deduction allowable for determining the federal estate tax payable by rasa** of the death of the first truster to die reduced by the final faderal *state tax values of.all property interests that quality to satisfy the marital deduction and that pass or have passed to or in trust for the ben*tit of the surviving, trustor, other then property interests that pass by virtue of this provision. if, after allowing for the unified credit which has not been e.iaimed by the first trustor to di* for transfer• made during the life of the fire, trustor to die and the credit for state death taxes, to the / extent: that It does not 1neroee• ►1.• SOMA-P, ..i 4069-1. paya3le to any sr the pecuniary amount doscrib, bove is more than is necessary to eliminate any federal estate tax with respect to th estate of the first trustor to die, then the above -described amount will be reduced by the amount needed to increase the taxable estate of the first trustor to die to the largest amount which will result in no federal estate tax being imposed on the estate of the first trustor to die. The reduction in the preceding sentence shall be computed by disregarding any disclaimer by the surviving spouse of property qualifying foe the federal marital deduction, whether in the probate estate or not, or a failure by the Personal Representative of the Estate of the first Trustor to die to make the election under section 2056(b)(7) (B)(v) of the Internal Revenue Code. Such amount shall vest immediately on the death of the f irst trustor to die and shall be satisfied by trustee in cash or in kind, or partly in each, with assets of the first trustor to die contributed or added to the trust and eligible for the marital deduction. The assets allocated in kind shall be considered to satisfy this amount on the basis of their values at the date or dates of allocation to the Marital Deduction Trust. If the executor of the estate of the first trustor to die elects only to qualify a poetics at this Marital Deduction Trust for the federal estate tax marital deduction, the trust estate of this Marital Deduction Trust shall be divided into- sepacate qualified and son -qualified portions. lack parties shall be administered as to independent share of this Marital Deduction Trust during the lifetime of the surviving spouse. SECTION V RESIDUARY TRUST The Residuary Trust shall consist of the balance of the trust estate. SECTION VI DISCLAIMER Of MARITAL DEDUCTION TRUST The surviving trustor spouse is expressly authorised to disclaim his or her interest in all or any portion of the � c / property allocates to the Marital Deduction ?rust. In the 10950 event of such acIaimar, and notwithstanding any contrary provisions set forth in Sections VII through X below, the property which is the subject of much disclaimer shall be added to the Residuary Trust, to be held, administered and distributed as a separate portion of the Residuary Trust, designated as the "disclaimer portion." SECTION VII PAYMENT Of DEBTS AND EXPENSES Of TRUSTOR'S ESTATE On the death of the first trustor to die, upon the written dsnand of the personal Representative of the estate of the fir at trustor to die, certifying that the asset• of the probate estate are insufficient for such purpose, trustee shall pay, either directly or to such Personal Raprasaetativa, the amount such personal Representative shall certify to be necessary for the payment of debts, expeneee of last illness, funeral expenses, administration expenses, and other costs incurred for the support of the first truster to die, for vblcb the estate of the first trustor to die shall be liable. Trustee •hail also pay any estate, inheritance or succession taxes occasioned or payable by reason of the death of the first trustor to die, whether with respect to any contribution to this trust or with respect to other assets outside this trust, including interests and penalties thereon. Trustee may rely absolutely upon the certification by such Personal Rspresentative of the amounts necessary to pay such expanses and taxes. Such payment, other than debts, shall be charged to the Residuary Trust. SECTION VIII PAYMENT OF INCOME TO SURVIVING SPOUSE Upon the death of the first trustor to die, trustee shall pay to or apply for the benefit of the surviving trustor spouse the net income of the Msrital Deduction Trust and the net income of the Residuary Trust in querterly or more frequent inscellments. In the event trustee, in trustee's absolute discretion, shall does /y such income insufficient, trustee shall also pay to or apply for rho 10950 9cLncLp41 of the trust• herein created, ocher t h 4 n the disc:timer portion of the .iduary Trust, as are necessary ,or the surviving trustor spouse's. has Ith, support, and meintsnsnee. Such payments shall be made first from the Marital Deduction Trust until it is exhausted. Thereafter, such payments ahall be made from the Reaiduary Trust, other then from the disclaimer portion, unless, in the opinion of trustee, it is to the advantage of the trust estate to make such payments from the Residuary Trust without first exhausting the Marital Deduction Trust. SECTION IX PAYMENT OF DEBTS AND EXPENSES Of TRUSTOR'S ESTATE Upon the death of the surviving trustor spouse, and subject to any power of appointment exercised by the surviving trustor spouse, upon the written doused of the Personal Representative of the estate of the surviving trustor spouse certifying that the assets of the probate estate, other than those specifically devised by the surviving trustor spouse and other than those not readily convortible Late cash, are insufficient for such purpose, trustee , shall pay, either directly or to such Personal Representative, such amounts as tho Pavement Representative shall certify to be necesery for the payment of debts, expenses of last illness, funeral expeesos, administration expanses, and other costs incurred for, which the 'suri►iving Truster apouatta"Estata shall be liable, and any estate, inberitseee, or succession taxes occasioned or payable by reason of the death of the surviving trustor spouse. Truotoo way rely absolutely upon the certification by such personal Reprssentative of the amounts necessary to pay such expenses and such taxes. Such payments of expenses and taxes shall bm made free the Marital Deduction Trust. SECTION x DISTRIBUTION UPON DEATH OP SURVIVING TRUSTOR SPOUSE Upon the death of the surviving trustor *pause$ trustee shall add to the Residuary Trust any portion of the Marital Deduction Trust, if any, not otherwise effectively disposed of as provided above, to follow the disposition of the trust estate in all respects a• � P provided he�.in 10950 Upon the time of death of the suryiyinq. Trustor spouse trustee shall divide the trust estate into as •any equal shares as there are children of the trustors then living and children of the trustors then deceased leaving issue then living. At the time of execution of the trust, the trustors have six living children: 1. Mary Margaret Reilly Halldorsson 2. Michael Sabel Reilly 3. Robert McCannt Reilly, Jr. 4. Phillip Mari Reilly 5. Joan Beatrice Reilly Garvey 6. John Francis Reilly Trustee shall allocate one equal share to each living child of the trustors and one equal share to each group eosposed of the living issue of a deceased child of the trustors. All shares shall be distributed by the trustee upon the death of the surviving trustor spouse. During the joist lifetime of the trustors, this agrossent may be revoked in whole or in part by as instrument in writing signed by trustors and delivered by certified sail to trustee. On revocation, trustee shall promptly deliver to trustors all or the designated portion of the trust &gotta. it this agreement is revoked with respect to all or a major portion of the property subject hereto, trustee shall be entitled to retain sufficient property reasonably necessary to secure payment of liabilities lawfully incurred by trustee in administering those trusts, including trustee's tee@ that have been earned, vales trustors shall indemnity trustee against all loss or expense. Trusters may at any time during their joist litatises &send any of the terms of this agressest by an instrusent in writing signed by both trustors and delivered by certified ■ail to trustee. No amendment shall substantially increase the duties or liabilities of trustee or change trustee's cospeneation without trustee's consent. Nor shall trustee be obligated to act under such an amendment unless trustee accepts it. it trustee- is removed, trustors shall pay to trustee any suns due and shall 'l indemnify trustee against liability lawfully incurred by trustee �O a 1n rh• Ar4mini•0r09- inw ni ►4. ►...... 6 10950 SECTION XI REVOCATION AND AMENDMENT Upon the death of the fir at True tor to die, no trust created hereunder may be amended or revoked. Any such trust shall be terminated only as provided herein. SECTION XII POWERS Of TRUSTEE 1. The Trustee shall invest the assets of the trust with a view towards ■a:isising income while maintaining the security of the trust assets. 2. The Trustee shall have couplets discretion to determine which assets or a portion thereof shall be distributed to or for the benefit of the beneficiaries herein named in satisfaction of the shares which they are entitled to receive pursuant to the terms of this Agreement. The selection and distribution of assets by the Trustee shall be binding and conclusive upon all parties ► and shall not be subject to question by any beneficiary. 3. No statute with respect to underproductive property shall apply to any trust created by this instrument. 4. The Trustee say in his discretion terminate and distribute any trust created by this Agreement if the Trustee determines that the costs of continuing the trust will substantially impair accomplishment of the purposes of this trust. r -�- 10950 �% .f > I a discretionary amo�- a of p .ipal become payable to a sinot or to a person under legal disability or to a person not adjudicated incompetent but who, by reason of illneaa or mental or physical disability, is in the opinion of the Trustee unable properly to manage his or her affairs, then that income or principal shall be paid or expanded only in such of the following ways as the Trustee deems best: (a) to the beneficiary directly; (b) to the legally appointed guardian of the beneficiary; ( c ) to a custodian for the beneficiary under a Uniform Gifts to Minors Act; (d) by the Trustee directly for the benefit of the beneficiary; (a) to an adult relative or friend in raisbutsement for amounts properly advanced for the benefit of the beneficiary. 6. The interests of beneficiaries in principal or income shall not be subject to the claims of any creditor, any spouse for alimony of support, or others, or to legal process, and may not be voluntarily or involuntarily alienated or eaeusbered. This provision shall not limit the exereies of any power of appointment. 7. Income received after the last Locos* payment date and undistributed at the tersination of any estate of interest shall, together with any aecru*d income, be paid by the Trustee as income to the persons antitlod to the next successive interest in the proportions in wbich they take that iat*r*et. B.The Trusts* eased in this trust *ball have all of the ,powers and protection granted to fiduciaries by statute at the time of serving hereunder, including. but not lisited to, the power to sell, convey or. otherwise dispose of all or any part of the trust estate without application to ray Court. SICTION 2111 pOWLSS INCONSISTZVT WITH MARITAL DEDUCTION Mons of the powers or discrations granted in this agreement to trustee shall be exercised in a eanner inconsistent with the allowance of the furl federal estate tax marital deduction to which the estate of the first trustor to die would otherwise be entitled, notwithstanding any other provision in •this agreement to 10950 .�N xIV ,.ALIFIED TERMINABLE_ INTEREST PROPERTY ELECTION In the event that no Personal Representative is appointed under the Will of the brat trustor to die, and if there is no other Personal Representative of the estate of the first t r u s t o r to die otherwise qualified to make the election under Section 2056 of the Internal Revenue Code to treat all or any part of the Marital Deduction Trust as qualified terminable interest property under such Section, then trustee is authorised, in trustee's discretion, to make such election. Nowevec, nothing in this Section shalt be construed as requiring trustee to make such election. SSCTION XY ADDITIONS TO TRUST Trusters. or either of them, aball have the right at any time to increase the trust estate ►y deliveries property to • trustee, by having the proceeds of issurasee policies made payable to trustee. or by bequest or devise. Trustees, or either of them, shall notify trustee is writing of any policies of insurance so payable, or shall doliver seek policies to trustee as custodian thereof. Trustee's duties and liabilities shall under no circumstances bo substantially increased by any such additions to the trust estate except with trustee's written coasesc. SRCTION ZVI PtRPRTUtTIte SAVINGS CLAUSR unless sooner terminated in aeeordeses with other provisions of this agreement, all trusts created hereby shall terminate 21 years after the death of the last survivor of — trusters or of truatoca' ieeue living on the day of death of the first truster to die. The principal sad undistributed income of a terminated trust shall be distributed to the then income beneficiaries of that trust is the same proportion that the beneficiaries are entitled to receive income when the trust terminates. If at the time of such termination the rights to income are not fixed by the terse of the trust, -distribution under this section shall be made, by right of representation, to the persons who are entitled, or authorised in trustee's discretion, to rocfive.trust payments. 10950 J SECTION XVII SPENDTHRIFT PROVISION Except for the beneficial interests of trustors hereunder, no interest of any beneficiary under any trusts created herein, either in income or in princips1, shall be subject to pledge, assignment, sale or transfer in any manner. Nor shall any beneficiary have the power in any manner to anticipate, charge, or encumber his or her interest, either in income or principal. Nor shall such interest of any beeeficiary be liable or subject in any asanar for the debts, contracts, liabilities or torts of such beneficiary. SECTION XVIII NONLIASILITY OF TRUSTER FOR DISTRIBUTIONS Unless trustee shall have received actual written notice of the occurence of an event affecting the beneficial interests of a trust. Trustee ahall not be liable to any beaeficiary of the trust for any distribution mad* as thougb the event had not occurred. SECTION EIE COMPENSATION OF TRUSTER Robert M. R*illy shall serve as Trustee without compensation except for reasonable expenses in carrying out his duties. Joan Reilly Carver, successor Trustee, or any other successor individual Trustee, *ball be entitled to a yearly fee of $1,200.00 for any year or portion of a year that she serves as Trustee, in addition to being entitled to reasonable expenses in r carrying out his or her duties. SECTION RE RESIGNATION AND SUCCESSION OF TRUSTEE 1. The Trustee of this trust shall be Robert N. Reilly. Upon the refusal or inability of the Trustee to act, for whatever reason, Joan Reilly Garvey is designated as succesor Trustee. If all named persons hereabove aro unable or unwilling to act as Trustee, then paragraph i2 immediately herebelov shall be initiated to chdoss a successor Trustee. The term "Trustee" as used herein shall include the singular and plural and all genders. A0 D-O 951 O 2. if all enumerated Trustees are unable or unwilling to act, the income beneficiaries who are sui juris and if not through their guardian may by a majority in number designate a Trustee to act, so long as the Trustee is authorized to administer Trusts. Such appointment shall be in writing and executed in the presence of two (2) subscribing witnesses. The fee to be paid the trustee must be approved by a majority in number of the income beneficiaries. SECTION XXI CONTESTS Every heir: legatee. devisee, or beneficiary under this • Trust who shall contest in any court any provision of this instrument shall not be entitled to any devises, legacies, or benefits under any Trust created hereby. Any and all devises. legacies. and portions of the income or corpus of any trust created herein or otherwise provided to be given to such person• shall lapse and shall be given. distributed and passed as though such person had died prior to the deaths of the Trustors leaving no living lawful descendants. The Trustee is specifically authorized to defend at the expense of the Trust any contest or attack of any nature upon this instrument. SECTION XXII BOND ` No bond shall be required of any person named in this instrument as Trustee for the faithful performance of any duties as Trustee. SECTION XXIII TRUSTEE'S INCAPACITY If at any time an individual Trustee is certified by his or her attending physician and one other physician not associated with the attending physician as physically or mentally incapable of performing his - or her duties as Trustee. then the -provisions in Section XX regarding resignation and succession of Trustee shall be operative for the appointment of a successor Trustee. 10950 SECTION My ACCOUNTING BY TRUSTEE During the lifetime of either teustor, trustee shall aecount only to trustors or their survivors. The written approval of trustore shall be final and conclusive in respect to transactions disclosed in the account as to all beneficiaries of the trust, including unborn and contingent beneficiaries. After the deaths of both truators, trustee shall render an accounting from time to time, but not less frequently than every two years after any prior accounting regarding the transactions of any trust created in this instrument. Accountings shall be made by delivering a written accounting to each beneficiary entitled to current income distribution. It there are no current income beneficiaries. such accountings shall be made by delivering a written accounting to each beneficiary entitled to current distribution out of income or principal to trustee's discretion. It any person entitled to receive as accounting is a minor or is under a disability. such accounting shell be delivered to such minor beneficiary's parents or the guardiea of his or her person. Unless any beneficiary. including parents$ guardians, or r conservators of beneficiaries, shall deliver a written objection to trustee within thirty days after receipt of trustee's account, the account shall be final and conclusive in respect to the transactions disclosed is the account as to all beneficiaries of' the trust, including unborn and unascartaiaed beneficiaries. After settlement of the account by agreement of the parties objecting to it, or by the expiration of the thirty day period, trustee shall no longer be liable to any beneficiary of the trust, including unborn and unascartained beneficiaries, in respect to transactions disclosed in the account, except for trustee'* intentional wrongdoing or fraud. g2 k a - 10950 �? ;L SECTION XXV This Agreement shall be construed and regulated by the laws of the State of Florida. In witness whereof, we have executed this Instrument as our Revocable Trust Agreement the day and year first written above. S1 ned, sealed and eliv ed t prese e� -Mary[Sabol Reilly Grantor_ STATE OF FLORIDA COUNTY OF BROWARD WE. ROBERT McCANNA REILLY, MARY SABOL REILLY. Donald J. vestal and Kathleen Moskowits . the Grantors and the witnesses. espectively. whose names are signed to the attached or foregoing instrument, being first duly sworn. do hereby declare to the undersigned officer that the Grantors signed the instrument as their Revocable Trust Agreement; and that they signed. and that each of the witnesses. in the presence of the Grantors. at their request. and in the presence of each other. signed the Revocable Trust as a Witness. -McCANNA Grantor M' 1 Abdl ei ly. ran dr Witness Witness -13- a BSCRIBED and sworn to before me by ROBERT McCANNA REILLY. MARY SABOL REILLY. neinsiA T Unetsl and Kathleen Moskowitz the Grantors and the Witnesses on the 27th day of April . 1990. My Commission Expires A The undersign nt of Robert Notary Public State of Florida esese� wnse emt w rue m _ w awe»eM to. jw w,10 InD now rNIq no. M. d %: by accepts this Revocable Trust c An 1 R lly and Mary Sabol Reilly dated 1990. BY 7 j obert Mc anna ei y' �r ACCEPTANCE BY SUCCESSOR TRUSTEE The undersigned hereby accepts this Revocable Trust Agreement of Robert McCanna Reilly and Mary Sabol Reilly dated this day of . 1990. BY: Joan Reilly Garvey SCHEDULE "A" TO TRUST AGREEMENT REAL PROPERTY LOCATED AT: 1. 282 N. W. 36th Street Miami. Florida 33127. 2. 283 N. W. 35th Street Miami. Florida 33127. 3. Summer House Scaly Mountain. North Carolina 28775. 4. 1125 Fifth Street Miami Beach. Florida PERSONAL PROPERTY: 1. Patent # 4,192,112. 2. Prudential-Bache Account #TCZ-036150-44. in the names of Robert M. Reilly and Mary S. Reilly. His Wife. 3. Prudential-Bache Account #TCZ-036133-44. in the name of Mary S. Reilly. 10950 a METROPOLITAN DADE COUNTY, FLORIDA METRO.DADE 1 , ,•��,` a1'<; METRO-DADE CENTER w. Mr. Joseph W . McManus Assistant Director City of Miami Planning, Building and Zoning Department 275 NW 2 Street Miami, FL 33128 Dear Joe: 20, 1991 PLANNING DEPARTMENT SUITE 1220 111 N.W. 1st STREET MIAM1, FLORIDA 33126.1972 (305) 375.2800 This Department has completed its review of your City's Comprehensive amendment No. 91-7 [Department of Com pity Affairs (DCA) number 92S1] . Enclosed for your information is a copy of our ccm4nents which have been submitted to DCA in accord with Chapters 9J-5 and 9J-11, Florida Administrative Code. Should you have any questions regarding our comments, please contact Mark R. Woerner, AICP, Section Supervisor Metropolitan Planning Division at 375-2835. / 1 RRW:MRW:yf Enclosure y:89 Reginald R. alters, AICP Director 10950 . a� METROPOLITAN DADE COUNTY, FLORIDA A!11� METRO DADE ����� �� ® METRO•DADE CENTER Mr. Robert Arredondo Florida Department of Division of Resource 2740 Centerview Drive Tallahassee, Florida November 20, 1991 C mmality Affairs Planning and Management 32399-2100 PLANNING DEPARTMENT SUITE 1220 111 N.W. 1st STREET MIAMI, FLORIDA 3312&1972 (305) 375-2800 Subject: City of Miami Plan Amendment No. 91-7, DCA Ref. 92S1 Dear Mr. Arredondo: This Department has reviewed the referenced City of Miami Cc eprehensive Neighborhood Plan amendment which you transmitted to us under cover memorandum dated October 10, 1991. We reviewed the proposed wwrxtnee t primarily to identify points of consistency or inconsistency with the provisions of Dade County's Camprehensive Development Master Plan (CU-M). The following comments are offered for your consideration. This ame7xtnent, a 0.25 acre parcel located in the block bounded by NW 36 and NW 35 Streets between NW 2 and NW 3 Avenues, requests a change of land use on the City's Future Land Use Plan Map from 'Ttatifamily Medium Density - Residential" to "General-Camriercial". Permitted uses within the "General -Commercial" designation include automo ive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, wholesaling, warehousing, light manufacturing and assembly and other activities whose scales of operation and land use impacts are similar to those described above. Contiguous areas to the north of the site facing NW 36 Street are designated "General-C=ver- cial", and contiguous areas to the east, west and south are designated "Multi -family Medium Density -Residential". According to the informa- tion suhni.tted in the amendment application the lot is cuzzently vacant, and is intended to be used as a parking lot to serve the =miercial building fronting on NW 36 Street. The Metro -Dade County Ca%T Land Use Land map designates the amendment site as Business and Office which is consistent with the requested change. This Department concludes that this amendment is not inconsis- tent with the policies of the C IP. Mr. .Robert Arredoz—,j 2 Flcrida Department of C=rnuzity Affairs Division of Resource Planning and Management 't November 20, 1991 Should you have any questions regarding our tents, Please contact Mark R. Woerner, Section supervisor, Metropolitan Planning Division, at (305)375-2835. S incetiely / � L Reginald . Walters, ASCP Director RRW:MRW:yf y:88 10950 m MIAMI REVIEW -- f 7Pilo r 6; Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Super. visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10950 Inthe ..... ?..?................................ Court, was published In said newspaper In the Issues of February 27, 1992 Afflant further says that the said Miami Review is a newspaper published at Miami in said Dade County Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one fear next preceding the first publication of the attach�cOuP vertisement; and afflant fu says that she hasid r promisedany person, rm or corporation anyre te, commission orre d,fot_the purpp" ofIs vertisement fnr .+ �pRY a w 4"rn to Ss-� r1 M2Q me this 27th day of . �2. ....�......, A.D. 1992 (SEAL) '►���OF�y�.` "OFFICIAL r(OTARY SEAL" Ci'ERYL H. MARMER MY COMM. EXP. 4/12/92 2 CITY, OF MIAMI, FLORIDA LKQAL NOTICE All interested persons will take notice .that on the.18th day of February, 1992, the City Commission of Miami, Florida, adopted the following tatted ordinances: ORDINANCE NO.1090 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 198 OW, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 283 NORTHWEST 35TH STREET, MIAMI, FLOW IDA ('MORE PAFMOULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION -OF THE SUB- JECT PROPERTY FROM MEDIUM DEN81TY MULTI- FAMILY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGEN- CIES; CONTAINING A REPEALER PROVISION AND SEV- ERABILITY CLAUSE; AND PROVIDING FOR AN EFFEG 1 TIVE DATE. ORDINANCE NO.10050 AN OIRDINANC,E AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS "AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLOMA, BY CHANGfN%THE ZONING CLASS1111"CAMN'FROM:F14 MULTI*AM LY MEDIUM-DEN91i RESIDINNAL MRTI#. AN 80-12 SPECIAL BUFFER QYERLAY DMTRICT TO C-2 -LIBERAL+COMMWRCIAL FOR THE PROPERTY # )CATED AT OU NORTHWEST 36 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED, HEREIN), AND BY MAKING "ALL THE NECESSARY CHANGMOK PAGE NO. 21 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVEfkAffil Y CLAUSE.; ORDINANCE NO. t0061 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 1IM, AS AMENDED'THE"20NMG ORDINANCE OF THE'CITY OF MIAMI, FLORIDA,-SY 014ANGIN( THE ZON*4G CLASSIFICATION FROM R 2 TWO FAMILY RMDENTIAL-TO Gt' RESTRICTM COM- MOWNAL FOR THE-001OPERW LOCAATED AT 2727-29 SOUTHWEST 27TH TERRACE, MIAMI; FLORI(MORE PARTICt"IRLY DESCRIBED HEREIN); AN09V MAK114G ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, Said ordinances may be inspecte0by the public stthe Officeof the City Clerk, 35M Pan_ American Drive, Miami, -,,Florida,. Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and,6A0 p.m. MOB) ` MATTY HIRAI CITY dLEFk MIAMI, FLbFWA 2/27 92+4-M2'08M='