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HomeMy WebLinkAboutR-92-0599+ 1. J-92-519 9/24/92 RESOLUTION NO. A RESOLUTION OFFICIALLY CLOSING, VACATING, _ ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHEAST 2ND COURT, LYING -! BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF NORTHEAST 23RD STREET AND THE NORTH RIGHT-OF- WAY OF NORTHEAST 22ND STREET, FOR THE PROPERTY LOCATED AT APPROXIMATELY BISCAYNE BOULEVARD, NORTHEAST 2ND AVENUE, NORTHEAST 22ND AND 23RD STREETS, MIAMI, FLORIDA, FOR A DISTANCE OF APPROXIMATELY 319.941; AND ALL THE TEN (10) FOOT ALLEYS CONTAINED WITHIN BLOCKS 10 AND 14 OF EDGEWATER SUBDIVISION, - SAID ACTION BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1411-A "TERRANOVA BISCAYNE", AND BEING CONDITIONED UPON RECEIPT BY THE CITY OF MIAMI OF A $5,000 VOLUNTARY PROFFER FROM THE APPLICANT TO THE PROFFERED TRUST FUND, TO BE USED AT THE CITY'S DISCRETION FOR PUBLIC PURPOSES PRIOR TO THE RECORDATION OF THE FINAL PLAT. WHEREAS, the Miami Zoning Board at its meeting of June 1, 1992, Item No. 9, duly adopted Resolution ZB 69-92 by a seven to one (7-1) vote, RECOMMENDING DENIAL of the request for official vacation and closure of a portion of a street as herein set forth; WHEREAS, the City Commission notwithstanding the recommendation of the Zoning Board, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of the street portion in question and deems it advisable to do so; CITY COMVIISSION MELTING OF S E P 2 4 1992 Resolution No. 92- 599 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA3 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 portion of Northeast 2nd Court, lying between the South right-of-way line of Northeast 23rd Street and the North right-of-way of Northeast 22nd Street, for a distance of approximately 319.941; and all the ten (10) foot alleys contained within Blocks 10 and 14 of EDGEWATER SUBDIVISION, for the property located at approximately Biscayne Boulevard, Northeast 2nd Avenue, Northeast 22nd and 23rd Streets, is hereby closed, vacated, abandoned and discontinued for public use, said closure, vacation, abandonment and discontinuance being a condition for the approval of Tentative Plat No. 1411-A - "Terranova Biscayne", and being conditioned upon receipt by the City of Miami of a $5,000 Voluntary Proffer from the applicant to the Proffered Trust Fund, to be used at the City's discretion for public purposes prior to the recordation of the final plat. Section 3. This Resolution shall become effective immediately upon its adoption. -2- 92- 599 PASSED AND ADOPTED this 24th day of_ S ATTE : MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: )I I. alulco�.. - IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUfWN.70Wgr--Irl CITY ATTra:bss:M3027 Y GMM:IMA: MA 1992. -3- 92- 599 R .4 �1_ 0 ZONING FACT SHEET P'Zm7 LOCATION/LEGAL Biscayne Boulevard, N.E. 2nd Avenue, N.E. 22nd and 23rd Streets. That portion of NE 2nd Ct. lying between the S r-o-w line of NE 23rd St. and the N ri-o-w line of NE 22nd St. for a distance of approx. 319.941, and all the 10, alleys contained in Blocks 10 and 14 of EDGEWATER SUBDIVISION (2-31). APPLICANT/OWNER Simkins Industries Inc. /Westfield Miguel Font, Architect, Agent Financial Corp. 6101 Blue Lagoon Drive•#270 5941 North Kendall Drive Miami, Florida 33126 Miami, Florida 33156 Home: 666-1632 Work: 666-1632 666-1632 ZONING C-1 Restricted Commercial, and SD-20 Edgewater Overlay District REQUEST Official vacation and closure of that portion of NE 2nd Court, lying between the south right-of-way line of ME 23rd Street and the north right-of-way of NE 22nd Street, for a distance of approximately 319.941; and all the 10 foot alleys contained within Blks. 10 and 14 of EDGEWATER SUBDIVISION (2-31) all as a condition of approval of Tentative Plat f1411-A "TERRANOVA BISCAYNE". RECOMMENDATIONS: PLANNING, BLDG b ZONING No comments. PUBLIC WORKS No Comments. PLAT AND STREET Approval. DADE COUNTY TRANSPORTATION No objection. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Violation(s) Cited: N/A HISTORY Last Hearing Date: N/A Found: N/A Affidavit of Non -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Comments: N/A ANALYSIS The Plat and Street Committee has reviewed this Tentative Plat 01411-A and has determined that it meets the technical" requirements contained in the City Code and recommends approval of the requested official vacation and closure of the above right-of-ways. ZONING BOARD CITY COMMISSION At its meeting of June 15, 1992. the Zoning Board adopted Resolution ZB 69-92 by a vote of 7-1. recommending denial of the above. Three PROPONENTS were present at the meeting. Seven replies in FAVOR were received by mail. At its meeting of July 16, 1992, the City Commission continued the above. 92- 599 APPLICATION NUMBER 92- 60 June 15, 1992 Item# 9 9 NE 2ND COURT ROAD CLOSURE LEGAL DESCRIPTION A portion of N.E. 2nd Court, between N.B. 22nd Street and N.E. 2Ard Street, and lying between Blocks 10 and 14 of =EWATER, a subdivision recorded in Plat Book 1 at Page 31; of the Public Records of Dade County, Florida, and being more particularly descr.ibed as follows: That portion of N.E. 2nd Court lying between the Northerly Right of Way line of N.B. 22nd Street and the southerly Right of Way lino of N.E 23rd street, and between the Easterly Right of Way line of Block 14 and the Westerly Right of Way line of Block 10, both blocks of EDGEWATER, a subdivision recorded in Plat Book 2 at Page 31 of the Public Records of Dade County, Florida.. All of the above being and lying in the City of Miami, Dade county, Rlorida; and containing 0.514 acres, more or less. 92 - 599 f34 2r, 3 = ( w 1 1{ It 20 21 a 1 { IS 1 4 7 O � 1� l0 70 ! 3' { 1 4 3 IL °1 E$ 11 10 T S ♦ 3 2 2. N E. ^ W 00 • A b 4 . 11 10 S 3 3 2 = 12 rl �� {• 7 6 3 ♦ 3 2 ' 0 - rI, to is h g • 1 4 D 11 to a 7{ S 14. 1 • W Z 1 10 f • 1 a S 4 3 2 1 I -N. o 1"Po [I, .0 /0 TO • 7 • 2 3 � -W w 2\ - - R. = 0 VIRAMAq 2 ► S t ' �S :LEMEATJ.IIT 10 �' school a • i Q4 3 G/i i to n TEMPLE i NO W W, s 4 Z 24 rr . MOM FARCES j., IQ) W 1: a � 21 ST cr ae 7e eo. 1 3 e too I 1 U 5 j•- �� TOY, MI AR AND 2 P.O. BOX 330708 MIAMt . FLORA 33133 Tel , 579-d0826.-�XC- a APPLICATION POP PUBLIC HEARING BEFORE T4EZONING BOARD (Land Fill and Dredge; Vacation of Street or Alley; waiver of Development -.f PVKIMS. Siting A,%j-j.trttent A others as required). REOUIRENENTSt 1. Surveys, sketches. plans, as required (See supplemental regQuirlWt sheets) 2. Affidavit by the owner of the property, or his attorney, that a _ 4cts as represented in the application are true and correct. 3. Certified list of owners of real estate within 375' radiusgrom tlriE+ outside boundaries of the subject parcel. 4. Fee of s1�o oo, to apply toward cost of ��rPfli;'ees fotiows� Vacation of public right-of-way: Per square foot of rig -'Fit oi-wayy................................S 0.7S Minimum ................ 0......... .......... $1,0 " .00 Total Feet S. All documents, reports, studies, exhibits, or other written or -graphic materials, if any, to be used by the -applicant in support of the application shall be subsitted with and be a part of this application. DATE ' The undersigned, being the owner or representative of the owner, of the property located At Biscayne Boulev AND MORE PARTICULARLY DESCRIBED AS: LOT($)All of blocks 10 and 14 of EDGEWATER SUBDIVISION, including the 10 foot alleys contained in said blocks 10 and 14, according to the Plat thereof BLOCK as recorded in Plat Book 2 Pats31 of eht Pubite Records of Dade County, SUBQIjjjr1d' doles) respectfully petition and request re -approval of vacation of a Public riche of way, being the portion of Northeast 2nd Court between N.E. 22nd. Street and H.E. 23rd. Street for a distance of apron. 319.94 ', in the City of Miami. Dade County Florida. The Tentative Plat that includes this closing has been aooroved by the Plat and Street Cossittes on April 10, 1992 and confirmed on their letter dated April 20. 1992. hereby enclosed. SIGNED ADDRESS (Zip) PHONE NO. M! uel Font ra i Miguel Font Architects Inc. Miami, Florida. 33156. G — This •form must be notarized 92— 599 2�81 nm 0 5 A_ E F i n A_V 2.T STATE OF FLORIDA) )SS COUNTY OF BADE ) Before me, the undersigned authority, this day personally appeared Miguel Font, Pre. Miguel Font ArchitectsT,ncwho being by me first duly sworn, upon oath, deposes and says: 1. That he is the legal zapr alentative of N the owner, submitting the accompanying application Im a public Z-C hearing as required by Ordinance 11000 of the Cod of:oe City of a I'iamj,.`;Fl orida, effecting the real property looted iS the City rr - ►4� v of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. I. 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 modification of a classification or regulation of toning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property 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. (SEAL) Name) Sworn to and Subscribed before me . this day of Nolagry Public, State of Florida at Large 0'0+L0AJ /hDl�/vaS L4.cF.G4 My Commission Expires: a •:$ 92- 599 .W?4 EI'S 1,. S`I Simkins Industries Inc. a Delaware Corporation ( successor by merger to Owner's DelawarsLL. tnar�r!nn� d.h.saAstfield rinancia: 'ailing AdCreI16101 Blue Lagoon Drive, Suite .70, Kiami, Florida_. 33126. 'eleor.5he Vumoer305- 666-1632 .egal :eSCr!ot!VI' ,il of 3locks 10 and 14 of EDGEWATER SGBDIVIStON, including the 10 foot alleys contained in said Blocks 10 abd 14, according to zhe Plac thereof as Recorded in Plat Book 2 at Page 31 of the Public Records of Dade County, Florida. owner's vane Mailing Address Telephone Number Legal Description: ;a O Owner's Name r v Mailing Address N Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severaiiy (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address` Legal Description Parcel A of EDGEWwTER neeendet Pi_ae according to the Plat thereof as recorded in Plat Book 109 at Page ll of the Public Records Dade County, Florida. Street Address Street Address Legal_ Description Legal Description S9- 599 A 1i 1. Legal description ard street address of subject reel ptt:perty: All of Blocks 10 and 14 of Edgewater Subdivision,-ncluding 10 foot alleys contained in said Blocks 10 and 14, according to :'ne Plat thereof as recorded in Plat Book 2 at Page 31 of the Public Records of Dade County, Florida. 2.. -Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties naving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of corporations, beneficiaries of trusts# and/or any other interested parties, together with their addresses and proportionate interest. N� Owner: Simkins Industries Inc. , a Delaware Corporation (succes**-)by merger to Westfield Financial Corporation, a DelawCot.paration, d.b,a. Wastfiel Financial Percentage of Owner*Ap : 100% •+;� N W . 3. Legal description and street address of any real property (a) owned. by any party listed in answer to yussticn 12, and (b) located within 375 feet of the subject real property. Parcel A of Edgewater Ammendet Plat according to the Plat thereof as recorded in Plat Book 109, at Page 11 of the Public Record of Dade County , Florida. 9= OF FGOR=A ) SS: tt0� Cl.''c4- , being duly sworn, deposes and says that no is the (r-vneri (Actorney for o+.•ner) of the real property described in answer to cgnestion Ole abovst that he has road the foregoing answers and that the same an true and campletet and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership foan an behalf of the owner. xWj 4 (SEAL) lJamel�� )� SW= TO AM before me this day of 2azo - lvataty Ce bLau or Florida at LAM _ 64 ... �.• . �� M= OF rMAMA l SS =NIY or s Miguel r;nr..3,�„ xnr. _mi—A, T:a .jr.�.` `.—tsceing duly swan. , deposes and says ttiat no is the mttuy a00omteo representative of Simkins Industties -the mwder of the real P='OP'a ;- deacrioec in w wer to question %..► azcver tut he has read the fatVgoing answers s that the same are true and ccm- pletet and that he has the authority to execute this DisClosure of Qmwr- ship form an behalf of the OwtOr. t SEAL? oetore me Chas u' = day of j..`�r�..►... . ; . ,..: ,�_ Notary MUCI, brat! Florida at "M* FL I M F AI MIGUEL FONT ARCHITECTS INC. 5941 NORTH KENDALL DRIM MIAMI, FLORIDA. 33156 TELEPHONE. (305) NO.1632 FAX (305) 6814147 May 7, 1992. Mrs. Tereska I ascaibar Fernandez, R.A., A.I.C.P. Chief, Hearing Boar& Division Pkuv", Bwldk V. and Zoning Department, Cky of Miami, 275 N.W. 2nd Street, Miami, FL 33128. RE: APPUCATION FOR PUBLIC HEARING. TERRANOVA BISCAYNE- TENTATIVE PLAT 1411-A Dear Mrs. Fernandez: Enclosed please find the completed APPLICATION FOR PUBLIC HEARING form In relation to the VACATION OF A STREET. The subject street Is the portion of N.E. 2nd Court that dead ends on N.E. 22nd Street and goes North, for a distance d 319.93, to 23rd Street. The description d the area to be Closed is: A portion of N.E. 2nd Court, between N.E. 22nd Street and N.E. 23rd Street, and lying between Block 10 and 14 of EDGEWATER, a subdivision recorded in Plat Book 2 at Page 31, of the -Pubic Records of Dade County, Florida. In the sector between Biscayne Boulevard and N.E. 2nd. Ave that runs from Flagler St. to N.E. 36th, Street N.E. 2nd. Court orgy runs three times for a total of five blocks. The section in which the CLOSING is located dead ends to the South on N.E.22nd Street and to the North on N.E. 24 Street, a section of only two blocks, of which the Closing covers one bloc k.(See map enclosed) The Vacation of the above described Street was previously approved by the Miami Zoning Board under Resolution Z13-104% and by the City Commission, under Resolutlon 84-101 as part d a previous Terranova Biscayne Tentative Piet application that was never conckxled. A Tentative Pied application was resubmitted and it has been approved by the Cky of Miami Plat and Street Committee d April 10, 1992. The Closing of the Strad hss been endorsed by the Committee. After several meetings trying to find the vaidky of the Resolution 84-101, it was concluded that because the previous Plat application was never finished , the approved Resolution to close the STREET was not Vasa Under those promises, we are hereby respec** requesting the w approval of the VACATION OF THE D STREET, so the piedti - procedure can be completed. 1 - 9 2— 599 n The zoning has been enhanced with the EDGEWATER OVERLAY DISTRICT, being the actual zoning C-1 with SD20 OVERLAY. We are enclosing the following documents: 1. Application for Public Hearing completed. 2 Location Map and Map showing N.E. 2nd Court from Biscayne to N.E. 36 Street. 3. Copy of the new submitted Terranova Biscayne Tentative PIN drawing. 4. Copy of the letter dated April 20, 199Z by the City of Miami Plat and Street Committee approving the Tentative PIaL S. Copy of the City of Miami Commission Resolution 84-101 , Closing the Street. 6. Certified list of owners of real estate within 375' radius from the outside bourx laries.# the subject parcel N -� 7. Legal description of the proposed Road Closure. N If you need any additional k1ommilon , please call me. 4 We 9rea* appreciate our nation, Mig ont, P Mig Font acts Inc. Owner Representative. = SUAlm InduehfowWoW&W Flwedr CwIL \MFAI\TFMF0W/ZBD 92- 599 / � . All �-84-9 • . ; . 11�8!1 RESOLUT'nN NO. 84 -101 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHEAST ?.ND COURT LYING SOUTH tit THE SOUTH RIGHT -OF -WAX LINE OF NORTHEAST 22ND .STREET FOR A DISTANCE OF + 319.941, AND THOSE PUBLIC'ALLEYS LOCATED IN YHE BLOCK BOUNDED BY NO 22 AND 23 STREETS AND BISCAYNE BOULEVARD AND NORTHEAST 2ND AVENUE,, ALL AS A TTT�P __PPRAVAL OF TENTATIVE AT= 11200-B "TERRANOVA BB:SCAY WHEREAS, the Miami Zoning Board at its meeting of-Hecember 5, 19'83, Item: No. 1, following an advertised heiUing, adopted N Resolution 'ZB-183-83 by a 6 to 0 vote RECOMMENDING official vacation and closure of a portion of a street and certain public alleys as hereinafter set forth,'and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of the portion of the street and those public alleys in question and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF'MIAMI, FLORIDA: Section 1. That portion. of Northeast 2nd Court lying south of the south right -of. -way line of Northeast 22nd Street for a distance of + 319.94'; and those public alleys located in the block bounded by Northeast. 22nd and Northeast 23rd Streets, and Biscayne Boulevard and Northeast ?end Avenue, all as a condition of approval of tentative Plat A, "1200-B "Terranova Biscayne," are hereby closed, +vacated, abandoned and discontinued for public use. PASSED AND ADOPTED this 26tit day of January , 1984. ATTEST:. rIaur�icc A. rerrc MAURICE A. FERRE, Mayor 3 CITY COMMISSION City Clerk 99 - 599 MEETING OF N ! 9 .STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI I, RALPH G. ONGIE, Clerk of. the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered.l.through 2 inclusive, contain a true and correct copy of a resolution adopted by the�t City of Miami Commission at a meeting held on the 26th day of ?� January 1984. c; SAM-RESOLUTION WAS UESIGNATM RESOLUTION NO. 84-101. `3 IN WITNESS WHEREOF, I hereunto set my hand and impresgZ the official seal of the City of Miami, Florida this 9th day of February 1984.- RALP G. ONnIX- C771"MKXITY►0 IDA 87�:D (SEAL) 9? 599 • �r (Lttg of �Htamt LUIS A. PRIETO-PORTAR, PH.D., P.E. ;` � CESAR H. ODIO +■ Director ' to lot um It City Manager Oy let April 20, 1992 th Miguel Font Architect, Inc. 5941 N. Kendall Drive th Miami, Florida 33156 ^' 2 Dear Mr. Font: TERRANOVA BISCAYNE - TENTATIVE PLAT *1411-A ON r the C i ty of M l am.j :; .. P.ft.t and, ,Street.: Gom i ttee, at 1.1 m lip, of Apr I1 10, 1992, i�ipproved the diii ``ten'tative plat sI�jec to the following revisions being made to the tentative pia£; additional Information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. - The notation regarding distances and measurements must LIS, be stricken. The survey shall be drawn to scale. - Provide more elevations, I.e., 50-foot grid would be tr acceptable. - Correct legal description both In the title box and In tf narrative, i.e., lots 1 through 3 should less out the right of way on Biscayne Boulevard. X - Provide area of tract In square footage also.; - Florida Power & Light Co. (FPL) will require an, easement In the alley to be vacated or FPL will require relocation of utilities at owner's cost. - Show the underlying subdivisions on the location sketch. - Change zoning designation from C-4 to C-1 at perimeter of main sketch. - East of N.E. 2 Avenue C-1 designation should Indicate _ SD-20 overlay district. - Clarify the boundary of the north -south 10-foot alley In the southwest quadrant of main sketch. - Delete the corner radius Information at northeast corner of main sketch. - Any building encroachments Into the public right of way must be removed prior to submittal of final plat to the City Commission. 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CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS I, Steven F. Gadon, do hereby certify that I am the Secretary of Simkins Industries, Inc., a corporation duly organized and validly existing under and by virtue of the laws of the State of Delaware (this "Corporation"); that I am the keeper of the corporate records and the seal of this Corporation; that the following is a true and correct copy of resolutions duly adopted 'by an action by unanimous written consent of the Board of Directors of this Corpora- tion (filed with the Secretary of the Corporation); that the follow- ing resolutions have not in any way been modified, repealed or re- scinded, but are in full force and effect; and that the charter and By -Laws of this Corporation contain no provision requiring a vote or consent of stockholders to authorize the action of the Board of Di- rectors set forth in the following resolutions and that the fol- lowing resolutions do not contravene any provision of the charter or By -Laws of this Corporation. WHEREAS, the Corporation (successor by merger to Westfield Financial Corporation, a Delaware corporation) doing business as Westfield Financial, is the owner of that certain real property located in Dade County, Florida, bounded by Biscayne Boulevard, N.E. 22nd Street, N.E. 2nd Court and N.E. 23rd Street, as more par- ticularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, it is in the best interest of the Corporation to authorize Howard Taft, Executive Vice President of the Westfield Financial of the Corporation to execute and deliver various docu- ments in connection with the Property. NOW, THEREFORE, BE IT RESOLVED, that Howard Taft, Executive Vice President of the Westfield Financial division of the Corpo- ration, be, and he is, authorized, empowered and directed to sign on behalf of the Corporation an application for the closing of N.E. 2nd Court; and RESOLVED, that Howard Taft, Executive Vice President of the Westfield Financial division of the Corporation, be, and he is, authorized, empowered and directed to sign on behalf of the Corpo- ration a Power of Attorney appointing Miguel Font, President of Miguel Font Architects, Inc., to represent the Corporation in the presentation of the application for the closing of N.E. 2nd Court, such Power of Attorney substantially in the form attached hereto as Exhibit "B" and made a part hereof; and RESOLVED, that Howard Taft, Executive Vice President of the Westfield Financial division of the Corporation, be, and he is, 9'9-- 599 1 1 t authorized, empowered and directed to take any actions and to execute and deliver any documents necessary, convenient or appro- priate in connection with the ownership and development of the Property, including without limitation all documents required by or to be submitted to any federal, state, or local governmental agency, and any plat or plats for all or any portion of the Property; and RESOLVED, that the Officers of the Corporation be, and they hereby are, authorized, empowered and directed to take any actions and to execute and deliver any documents necessary, convenient or appropriate to carry out the intent and purpose of the foregoing resolution. IN WITNESS WHEREOF, I have of this Corporation and affixed the this 21st day of May, 1992. r By: .ST VEN F. GADO , SECR TARY hereunto set my hand as Secretary seal of this Corporation, on I, Leon J. Simkins, Chairman and President of this Corporation, hereby certify that the signature appearing above is that the Steven F. Gadon, Secretary of/4is Corporoion. /I LE09 Z. SIMKINj CHAIRMAN AND PRESIDENT COMMONWEALTH OF FdILADELPHIA: :ss COUNTY OC3711� Op this thav:L day of May, 1992, before me, F. -1 , the undersigned officer, personally appeared T d , who acknowledged himself to be the of a L corporation, and that he as such , being authorized so to do, executed the foregoing instrument f r the purposes therein contained by signing the name of the corporation by himself as S EC''1C TAq IN WITNESS WHEREOF, I F S/M Kl Ad JS .�Na�s7��Es,1NC�, to set my hand and official seal. L 92- 599 NOTAFRAL SEAL • I'ArHLEEN D. EVAN& Notary Public 2 _ Mf► 01 Ph#Oditft. Phka. County Expires Jan. 15. 199a STATE OF FLORIDA t ! Big COUNTY OF DADE On this the 22nd day of May, 1992, before me, KAREN HOLMES LLERA, the undersigned officer, personally appeared LEON J. SIMRINS, who acknowledged himself to be the Chairman and President of Simkins Industries, Ines a Delaware corporation, and that he as such Chairman and President, being authorized to do sot executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Chairman and President. IN WITNESS WHEREOF, I hereunto set hand and official seal. e, -3- NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. DEC.23.1994 BONDED THRU GENERAL INS. UND. 92- 599 Al SIMKINS INDUSTRIES, INC. ACTION BY UNANIMOUS CONSENT IN WRITING OF THE OF THE BOARD OF DIRECTORS The undersigned, being all the members of the Board of Direc- tors of Simkins Industries, Inc., a Delaware corporation (the "Cor- poration"), pursuant to Section 141(f) of the General Corporation Law of the State of Delaware, hereby consent to the adoption of the preambles and resolutions set forth below, hereby waive all notice of a meeting and hereby waive the holding of any meeting to act upon said preambles and resolutions, and hereby direct that this consent be inserted in the minute book of the Corporation: WHEREAS, the Corporation (successor by merger to Westfield Financial Corporation, a Delaware corporation) doing business as Westfield Financial, is the owner of that certain real property located in Dade County, Florida, bounded by Biscayne Boulevard, N.E. 22nd Street, N.E. 2nd Court and N.E. 23rd Street, as more par- ticularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, it is in the best interest of the Corporation to authorize Howard Taft, Executive Vice President of the Westfield Financial of the Corporation to execute and deliver various docu- ments in connection with the Property. NOW, THEREFORE, BE IT RESOLVED, that Howard Taft, Executive Vice President of the Westfield Financial division of the Corpo- ration, be, and he is, authorized, empowered and directed to sign on behalf of the Corporation an application for the closing of N.E. 2nd Court; and RESOLVED, that Howard Taft, Executive Vice President of the Westfield Financial division of the Corporation, be, and he is, authorized, empowered and directed to sign on behalf of the Corpo- ration a Power of Attorney appointing Miguel Font, President of Miguel Font Architects, Inc., to represent the Corporation in the presentation of the application for the closing of N.E. 2nd Court, such Power of Attorney substantially in the form attached hereto as Exhibit "B" and made a part hereof; and RESOLVED, that Howard Taft, Executive Vice President of the Westfield Financial division of the Corporation, be, and he is, authorized, empowered and directed to take any actions and to execute and deliver any documents nenessary, convenient or appro- priate in connection with the ownership and development of the Property, including without limitation all documents required by or to be submitted to any federal, state, or local governmental agency, 92-- 599 a 2 and any plat or plats for all or any portion of the Property; and RESOLVED, that the Officers of the Corporation be, and they hereby are, authorized, empowered and directed to take any actions and to execute and deliver any documents necessary, convenient or appropriate to carry out the intent and purpose of the foregoing resolution. IN WITNESS WHEREOF, the undersigned members of the Board of Directors of the Corporation have executed this consent on the date set forth opposite their names. / 1 L � �- Date: 1 /�- I LEON\J S Date: T N f. Date v RONALD SIMKINS 2 9 9 — 599 C _3