HomeMy WebLinkAboutO-10173J-86-712
8/21/86
ORDINANCE NO. 1 01 7 a
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO, 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 1548-
1636 BRICKELL AVENUF;, MIAMI, FLORtDA, (MORE
PARTICULARLY 08SCRIBED HEREIN) FROM
RG-2.1/3.3 GENERAL RESIDENTIAL, TO RG-2.1/5
GENERAL RESIDENTIAL, MAINTAINING THE SPI-4
BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT,
BY MAKING FINDINGS; AND BY MAKING ALL THE;
NECESSARY CHANCES ON PAGE NO. 37 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO.
9500 BY REFERENCE AND DESCRIPTION IN ARTICLE
3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
July 21, 1986, Item No. 4, fol,lowinq an advertised hearing,
adopted Resolution No. ZB 84-86, by a 9 to 0 vote, RECOMMENDING
APPROVAL of a change of zoning classification, as hereinafter set
forth; and
WHEREAS, the City Commission after careful. consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
section 1. The Zoning Atlas of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of approximately 1548-1636
Brickell Avenue, Miami, Florida, more particularly described as
Lots 25 through 38 inclusive, Block 55, FLAGLER MARY BRICKELL, as
recorded in Plat Book 5 at Page 44 of the Public Records of Dade
County, Florida, from RG-2.1/3.3 General Residential to RG-2.1/5
General Residential maintaining the SPI-4 Brickell Area Major
Streets Overlay District.
Section 2. It is
classification change:
hereby found that this zoning
(a) Is in conformity with the adopted Miami Comprehensive
Neighbor hood 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, str.-eets, etc.;
(f) Is necessary due to changed or changing conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or extensively 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;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 37 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances, code sections, all parts thereof
in conflict herewith are hereby repealed insofar as they are in
conflict.
Section 5. Should any part of provision of this ordinance
be declared by a court of competent jurisdiction to be invalid,
1 017
the same stall hat afei�t the validity of the ordinance as
whole.
PASSED ON FIRST READING BY TITLE ONLY this 25.th., day of
1986,
PA88ED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
clay tober ►
1986.
of Oc
this ��r
ATTEST:
+ d �
MATTY HIRAI
City Clerk
PREPARE AND APPROVED BY:
C; MIRIAM MAER Assistant City Attorney
APPROVE TO FORM AND CORRECTNESS:
CIA A. DOUG.
City Attorney
GMM/wpc/cm-s/M062
1, Many Hirai, Cleric of the City of Miami. 1i lor'd i.
hereby certify dint on the doq, of � 'I-
A. 1). 19.9a full, true and correct copy of the :above
and foregoing ordinance was posted %it the South floor
of the Dude County Caurt House at the place provided
for notie s and publi:ations by attaching said cope to
the placo provided tlnvicfor.
W11"NESS my Ilan ad the of ' ial seal of mid
city thh.. -dx,v of ._ U. 1grA
1tv Clerk
CITY OF MIAMI, P'LdRfbA
INTVR-0=F'ICE MEMOIZANOUM
P
Z
12
TO The Honrrable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager i
DATE September 15, 1986 FILE
SU9JEC7 ORDINANCE - RECOMMEND APPROVAL
CHANGE OP ZONING
APPROX 1548-1636 SRICKELL AVE
REFERENCES COMMISSION AGENDA - SEPTEMBER 25, 1986
ENCLOSURES. PLANNING AND ZONING ITEMS
It is recommended by the Zoning Board that
the Change of Zoning Classification in the
Official Zoning Atlas of Ordinance 9500,
as amended, the Zoning Ordinance of the
City of Miami, from RG-2.1/3.3 General
Residential to RG-2.1/5 General
Residential maintaining the SPI-4 Brickell
Area Major Streets Overlay District for
the property located at approximately
1548-1636 Brickell Avenue be approved.
The Zoning .Board, at its meeting of July 21, 1986, Item 4, following an
advertised hearing, adopted Resolution ZB 84-86 by a 9 to 0 vote, recommending
�approval_of the Change of Zoning Classification in the Official 75ning Atlas
ot the Ordinance 9500, as amended, rom R .3 General Residential to RG-
2.1/5 General Residential maintaining the - rickell Area Major Streets
ver ay District for the property located approximately 1548-1636 Brickell
Avenue, also described as Lots 25 through 38 inclusive, Block 55,
RTC"KTLL (5-44) P.R.D.C.
Three objections received in the mail. Two replies in favor received in the
mail; four proponents present at the meeting.
Backup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration by the City Commission,
AEPL:III
cc; Law Department
NOTE; Planning Department recommends; DENIAL
I
12
0
ZONING .uFACT __SHttT
LOCATION/LEGAL
Approximately 1648-1636 Brickell Avenue
Lots 25 through 38 inclusive
Block 55
FLAGLER MARY BRICKELL (5-44) P.RX-C:
APPLICANT/OWNER
City National Bank Land Trust No. 5004852
Green Construction Corporation No. 2
Henri ette Nolan Harris/George E. Nolan, Jr.
c/o Robert A. Kaplan, Esquire
1401 Brickell Avenue
Miami, FL 33131 Phone # 579-0609
ZONING
RG-2.1/3.3 General Residential and
SPI-4 Brickell Area Major Streets Overlay
District
REQUEST
Change of Zoning Classification (Sector Number
Only) in the Official Zoning Atlas of the Zoning
Ordinance 9560, as amended, the Zoning Ordinance
of the City of Miami, to RG-2.1/5 General
Residential maintaining the SPI-4 Brickell Area
Major Streets Overlay District.
HISTORY OF RECOMMENDATIONS
AND ACTIONS
Zoning Board Meeting of
2/11
REQUEST
Variance to permit use of lots 33 through 36 of
Block 55, for headquarters for the Musicians'
Club of America in R-1 (One -Family) District.
ZONING BOARD
Denial.
Zoning Board Meeting of
37
REQUEST
Variance to permit use of lots 5, 6, 7, 8, 31,
32, 33, 34, 35 and 36 of 'Block 55 for
headquarters for the Musicians' Club of America
and to permit erection of buildings for use as a
music center, and with rooms for rental and
dining room for guests, and with provisions for
off-street parking in R-1 (One -Family) District.
ZONING BOARD
Denial. Resolution 6043.
CITY COMMI$5ION
Denied, Resolution 27302 on 5/18/55,
1017
Zoning Board Meeting of
7 /9 /5'6-`'—`
REQUEST Variance to permit use of existing residential
home as a guest house on Lots 37 and 38, Block
55, in R-1 (One -Family) District.
ZONING BOARD Approval. Resolution 7598, subject to premises
being occupied and operated by Mrs. Mae Belle
Nolan and the variance to end when Mrs. Nolan
ceases to operate the premises.
Zoning Board Meeting of
REQUEST Change of Zoning from R-1 (One -Family) to R-3A
(Low Density Apartment) for lots 25 through 30,
Block 55.
PLANNING DEPARTMENT Approval
ZONING BOARD Denial. Resolution ZB 40-78.
CITY COMMISSION Deferred on 4/27/78 by Motion 78-320 and Motion
78-321 directing the City Manager to request the
Planning Department to study the area for a
possible zoning change to R-3A to include
townhouse development.
Denied on 3/8/79 by Motion 79-181 and Motion 79-
182.
CURRENT RECOMMENDATIONS AND ACTIONS
PLANNING DEPARTMENT DENIAL. The proposed change in sector number
would -constitute a grant of special privilege to
an individual owner as contrasted with
protection of the public welfare.
There are no substantial reasons why the
property cannot be used in accord with existing
zoning regulations for the district.
There have been no changing conditions in the
area that make the passage of the proposed
change in sector number necessary.
A minimum twenty foot (2Q") setback from the
rear alley would have been a proper buffer to
protect the adjacent single family area.
PUBLIC WORKS No dedication is required.
DADE COUNTY TRAFFIC
AND TRANSPORTATION No comment.
ZONING BOARD At its meeting of July 21, 1986, the Zoning
Board adopted Resolution ZB 84-86 by a 9 to 0
vote, recommending approval of the above.
CITY COMMISSION At its meeting of September 25, 1986, the City
Commission passed the above on First Reading.
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APPLICATION FOR AMENDMENT TO ZONING ATLAS
File Number ZA-83
i, Robert A. Ka lan , hereby apply to the City Commis-
I sion of the City of Miami or an amendment to the Zoning Atlas of the City of Miami as
I more particularly described herein and, in support of that request, furnish the following
information:
f
X I. Address of property 1548 - 1636 Brickell Avenue
t
X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
X 3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
X 4. Certified list of owners of real estate within 375' radius from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
application.)
X 5. At least two photographs that show the entire property (land and improvements).
X 6. Atlas sheet(s) on which property appears 37
X 7. Present Zoning Designation RG-2.1/3.3
X 8. Proposed Zoning Designation FC-2.115
X 9. Statement explaining why present zoning designation is inappropriate. (Attach to
application)
X 10. Statement as to why proposed zoning designation is appropriate. (Attach to appli-
cation)
11. Other (Specify)
X,-_12. Filing Fee of $ 7561.17 according to following schedule:
(a) To; RS-I, RS-1.1, RS-2, 0.04 per sq.ft, of net lot area, minimum
RG-1, PD-H, PD-HC, N0.00
(b) To: RG-2, RG-2.I, $0,06 per sq.ft. of net lot area, minimum
RG-2.31 RO-I, $350.00
RO-2.1
(a) To; RG-2,2, RG-3, 0,08 per sq,ft, of net lot area, minimum
R0,3 �400,00
s
t
4
(d) To: CR=1, CR-2, 0.10 per sq.ft, of net lot area, minimum
CR-3, 0.11 CC. It 560.00
CG-2, WF-19 WF-R,
1-1, 1-2; SP1-1,2,S,7,
g,9,11,12
(e) To: CBD-1, SPI-6 0.12 per sq.ft., of net lot area, minimum
�600600
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the some as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal 'to applicable fee from (a)-(c) above, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-61)
Signature %L l , `j 1 t ,
Name Robert A. Kaplan, Esquire
Address 1401 Brickell Avenue, Miami, FL 33131
Phone 305/579-0609
STATE OF FLORIDA) SS:
-COUNTY OF DADE )
Robert A. Kaplan , being duly sworn, deposes and
says that he is the(Owner) Authorized Agent for Owner of the real property described in
answer to question #I, above; that he has read the foregoing answers and that the some Iare
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition on behalf of the owner.
(SEAL)
Kapipn
SWORN TO AND SUBSCRIBED
before me this / = day
of N. .
Mary Pub ic, tote o log i a at :arge
MY COMMISSION EXPIRES;
(d) To: CR=1, CR-2, 0.10 per sq.ft, of net lot area, minimum
CR-3, 0.11 CC. It 560.00
CG-2, WF-19 WF-R,
1-1, 1-2; SP1-1,2,S,7,
g,9,11,12
(e) To: CBD-1, SPI-6 0.12 per sq.ft., of net lot area, minimum
�600600
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the some as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal 'to applicable fee from (a)-(c) above, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-61)
Signature %L l , `j 1 t ,
Name Robert A. Kaplan, Esquire
Address 1401 Brickell Avenue, Miami, FL 33131
Phone 305/579-0609
STATE OF FLORIDA) SS:
-COUNTY OF DADE )
Robert A. Kaplan , being duly sworn, deposes and
says that he is the(Owner) Authorized Agent for Owner of the real property described in
answer to question #I, above; that he has read the foregoing answers and that the some Iare
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition on behalf of the owner.
(SEAL)
Kapipn
SWORN TO AND SUBSCRIBED
before me this / = day
of N. .
Mary Pub ic, tote o log i a at :arge
MY COMMISSION EXPIRES;
0
The present iohing designation of the subject property
ttG,1/3.) .is inappropriate for two basic reascc>ns, First#
the present Sector Number 3,3 iinpoget a substantial limits-
tion on the number of residential apartment units which can
be placed on the property. This limitation is totally incon-
sistent with the present and future demand for a vast number
of small- and medium-sized apartment units to serve the
professionals and employees working in the Brickell area
office district (SPI-5):
In addition, the present Sector Number 3.3 is inappropriate
because it imposes a substantial limitation on the design
and scale of development on the property. This limitation
is totally inconsistent with the design and scale of the
adjoining high-rise apartment complexes along the opposite
side of Brickell Avenue.
�1 s}- c ; C
FOBERT A. AAPLAN
4lMl OFFIC96 GRFF.NorRoo, TiR#vRIr#. *rpmrw. worrm w } IRQFF, Rp*fN # QV9N1rg . R
�ICaE4 r'PNgQW"*, ►egg Qalgia€lE ♦Ytt,wr, wi#mi. r6pRIQ! ;�i;pi , Tgw.rPmoNg (403) #gip-popV
0
The proposed to-ting designation for the property
it appropriate for two reasons. Virstk the pro -
Posed Sectot N=bk-.t 5 will permit the development of a number
of small- to medium-sized residential units to serve the
housing needs of professionals and employees working in the
adjacent Brickell area office district These hous-
ing needs are not presently being served by the high-rise
Brickell complexes which are large, luxury condominium units
beyond the financial means of most Brickell area employees.
In addition, the proposed zoning designation would permit
development of the property on a scale more compatible with
the high-rise developments across Brickell, but with site
plan and design constraints sufficient to protect the single-
family residential areas to the west. The property would
thereby serve as a reasonable transition between the high-
rise and the single-family
POBEFT A. tAPV�.-
No.
"*W Off1rIT4 009914OF090, TR*VRIQ. &$59CW, kdPFFM*1W, 61F?QFF. 619`rN 4 QV9,:W496r P
10173
STATE OF FLORIDA)
SSi
COS OF BADE
Wore me, the undersigned authority, this day pemonally
apt �... . -_. 1 ert :A....Kat lan . ,..:_..... _.__ ._. _... , who being by im first duly sworn,
upon oath, deposes and says,
1. That he is the ooier, or the legal represe&,ative of the
owner, submitting the ac=Vanying application for a public hearing as
required by Ordi=nce No, 9600 of the Code of the City of Miami, Florida,
affecting ` the real property looted 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 modification of a classification or regulation of zoning as set out in
the accompanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone numbers and
legal descriptions for the 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 %3 day of 19�.
NotaryPuh'ic , State of Florida/at Lame
My Expires:
M!T3''• Pa STOKE ., °li ?pa
Owner's dame C t National dank Late rus b 50
CIO Rt btrt A, Kaplan, Bsqui re
Hai l ing Address 1401 Brickell Attenue MiH Florida W33 31,
Telephone Nuthbe' 30 /5 9�0609
Legal Description,
Lots 25-30, Block 55, Bt ckells Flagler,
Plat Book 5, Page 44, Dade County, Florida
1616y1636 Brickell Avenue
Owner',.' Nave.. _ Green Construction Corp, No. 2
c o ap an, sgw.re
Mailing Address 1401 Brickell Avenue, Miami, Florida 33131
telephone Nuriber 305/579-0605
Legal Description Lots 31-36, B1ock.55, Brickells Flagler,
Plat Bonk 5, Page 44, Dade County, Florida
1580 Brickell Avenue
Owner's Name Henriette Nolan Harris/George E. Nolan, Jr.
C/o Robert A. Kapiant Esquire
Mailing Address 1401 Brickell Avenue, Miami, Florida 33131
Telephone Number 305/579-0609 ,
Legal Description: Lots 37 and 38, Block 55, Brickells Flagler
Plat Book 5, Page 44, Dude County, Florida
1548 Brickell Avenue
Any ot:. - real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed•as follows:
Street Address
City National 1581 Brickell Avenue
Bank Land Trust
No. 5003138
holds title to
Villa Regina for
Interterra Inc.
100% of whose Street Address
stock is owned by
Nicholas Morley.
Street Address
Legal Description
Lots 42, 43, and 44 of Block B,
Mary Brickell Subdivision, Plat
Book B, Page 96.
,Legal Description
Legal Description
DiSmAm OP ommmg .,.�4tp
1. L"al deteriptim and street address of subject teal property-.
LiOtt 25-38, Block 55, 13ridkells rlaglett Plat Book So
Page 44, Da66 C6tmtyt Florida
1548 - 1636 trickell Avenue
2. Owner(s) of suijj'Lmt real propeT4 and- percentage of ownership.
Not*: City of Miami Ordinance No. 5419 requires disclos-ute of all parties
Fwring a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Coftnigsion.
Accordingly# question #2 requires disclosure of all shareholders of
cotporatiormp beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest,
See Exhibit "A" Attached hereto
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 42, 43 and 44, Block B, Mazy Brickell Subdivision,
Plat Book B, Page 96, Dade Coxmty, Florida
158.1 BrickeLl Avenue
City Nationcil Bank Land Trust 5003138 holds title of the
Villa Regina for Interterra Inc., a joint venture partner.
10.Q% nf Tntaz3;e=a1a stock is owned by Nicholas Morley
J i
ft, 1
J
OWNER OR ATT0,MqEY/FOR OWbER
STATE OF FLORIDA SS:
COU'14W OF DADE
Robert A. Kaplan being duly sworn, deposes and
says that he is the (3RQaW (Attorney for Owner) of the real property
described in answer to question #1, above; that he -has read the foregoing
answers and that the same are true and complete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
SM9q TO AND SUBSCRIBED
before IT I up th * s /37*
day of 198 Z
V
I (SEAL)
(Na;*)
Robert A. Kaplan
e
C
LY,
r
OZ7
Florida at Large
MY COWSSION
WARY PUKIC $'W OF FWRJQJ
OV 041mlog Ep, may 10
dW
(over)
EXHIBIT *A*
I. Lots 25-30, Block 55► Brickell's Flagler, Plat Book 5, Page
44, Dade County, Florida.
Street address: 1616�-1636 Brickell
Avenue
Property held in a City National Bank of Miami Land 'Trust
No. 5004852 holds title for
Morley Realty Corp., a Florida
corporation which is wholly
owned by U.S. Development Corp.,
a Delaware corporation which is wholly owned by Interterra
Inc., a Delaware corporation
100% of Interterra's stock is
held by Nicholas Morley.
Therefore, Nicholas Morley owns
100% of the property.
Officers are as follows:
INTERTERRA, INC.
Rice, Marguerite
Treasurer
Morley, N.H.
President
Rice, J.P.
Executive Vice President
Mendiola, Carlos
Vice President/Asst. Secy
Watson, John C.
Vice President/Secretary
Rose, Leo Jr., Esq.
Assistant Secretary
U.S. DEVELOPMENT CORPORATION
Morley, Nicholas H.
Chairman of Board
Rice, John P.
President
Mendiola, Carlos
Vice President
Watson, John C.
Vice President/Secretary
Rose, Leo Jr., Esq.
Assistant Secretary
MORLEY REALTY CORPORATION
Rice, Marguerite
Secretary
Sherman, Ofelia
President
All relevant addresses are: c/o Robert A. Kaplan, Esq.,
1401 Brickell Avenue, Miami, Florida 33131.
I=. Lots 31-36, B1ock.55, Brickell's Flagler, Plat Book 5, Page
44, Dade County, Florida.
Street address; approximately 1580 Brickell Avenue.
The property is 100% owned by the Green Construction Corp.
No. 2. Fifty percent of Green Construction Corp. No. 2
stock is held by H.V. Green and fifty percent by Nancy
Green.
Officers are as follows:
H.V. Green is President
George R. Brown, Jr. is Vice -President
Nancy Green is Secretary/Treasurer
All relevant addresses are as follows: c/o Robert A.
Kaplan, Esq., 1401 Brickell Avenue, Miami, Florida 33131.
III. Lots 37 and 38, Block 55, Brickell's Flagler, Plat Book 5,
Page 44, Dade County, Florida.
Street address: 1548 Brickell Avenue.
The property is owned by Henriette Nolan Harris and George
E. Nolan, Jr., each of whom owns 500. All relevant
addresses are as follows: c/o Robert A. Kaplan, Esq., 1401
Brickell Avenue, Miami, Florida 33131.
- 2 T
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tills I t Utt r\Mt1,3t.11`1", dated thi'h ......,..., ............. day of .::.....: 1..,:,.::.:,:..,........, .. .., :trtd
t; ti11t is to certify tkiot CITY NAM,'
OVAL 11AI K of i1111'0.tt, +':i�nti, t lotida;
1s ttu-t Nutnbet ...:...:,.... .......:,..:, —
itotional b;:ttleing amociotion atganited umdet the statutes of the United 5tdtes, and duly auth6ti3ed to ::r=(!t►pt And
ow'dold ttumt, within the Suite of Piotido, not indiv)duutly bat ht `t'ruttee hereundet, is about to take IItle of the follellm-
bade
itig tiosetibed teat ts5tr3te fft ......... +.,,...,:.:....::: :::...:...:..::..:....:.County, rlotid;), to -Witt
No.
and that when it has taken title thereto, or to any other real estate deeded to it as Trustee hereunder, it %vile hold the same for
the uses and purposes and upon the trusts hereinafter set forth.
IT IS MNDDItSTOOD AND AGrEED between the parties hereto, and by any person or persons %rho nisy become entitled
to any interest under this Trust, as follows:
1. Thit, subject to the power of direction hereinafter provided for, the Trustee hereunder shall have and is hereby granted
to)) power and authority to improve, mana"gc and protect said premises or any part thereof, to contract to sell, to grant options
to purch.m,e, to sell on any terms, to take back, foreclose and release morl,agcs, to convey tidier with or without: considerat)nn,
to donate, dedicate, mortn3ge, pledge or otltenvise encumber Said property, or any part thereof, from title: to tune to lease will
property, or any p;rrt thereof, In possession or reversiuu, by Io commence itr praesemi ot� in future, and upacr in), terms
and for any Period or periods of time, not exceeding to the case of an>• siht,lu;lt.•tnisc iltc term of 00 )-cars, rind to rcne+v or extend
leases t:Ron any terms anti for any period or periods of tinie and' to amend, chnn.;e or tnndify leases and the forms ,nnrl provi.,ions
thsreof at any time or times hereafter; to contract to rnA-c Icasrs and to grant optinns to len;c and options to renew Ivasrs and
aptiors to purchasa lire whola or arty part of the rcvvrsion marl to cuntrat:t regierUng the tnanner of fixing tht• .4mmint of probent
ind fwWre rentals; to cxcll;rn):c Swirl properly or any part thereof, for other real or personal property, to ;.;rant ca.vilients Qr
ehar tcs of any kitrrl; to rt lra;e, convey or as5i n_any . ht, title or interest in or t,> said prc•misos or itn,y hart t)tc.,rsuf; ont'. to tfoi!l
wi,n ;sn}d properly 4n4 every part thereof in all other tcvys and for such other cntisirierations as it tr00%1 W _l. wild for :►ny,
;rcrsva n•,►•nin,, the ame to Ot:2l %vitlt tilt` bathe, jthvjher similar to or clifforent frnnr Oil! w.a�s auuye spesifieg; ;t ,+try t roo or
ltm�s ttcr4at 4•r, ,
Ql
ii
Y
Aft
.rrt i J111:1�
�l`!!::if tlii: ftftllittlh t tl:t;ltrll Pi 1'.itln5 itif tlli'It' sors ill illtt't('{t ;IS hl'Pl`IilJftt•t j1CUt'Illefl tit) shall IJ(! thel/l'ht'flitcla'In5
Nl tttia `l` ttqt it.d itt+ e'fititic'il to tilt E'ittilR;d; at,ijiG and ptuce+•its of said tonl rstwte OC�+1i+llf5� to the ftspteetivt} ifStu?t'sts Sri Ctr'
tljtj+ts,atLl tllctt ve-flle,"iVLA hMllQSi
loot interest
3. Tint, Pursuant to the potters and rights hereinafter set forth and granted to it, said Trustee shall and will hold, convey,
lease, molt' -age or otherwise deal with the title to said real estate only when authorized to do so on the written direction of
ti)a following person or persons, to•wit:
The President or any Vice -President of MORLEY REALTY CORPORATICN
nl'ovidcrl, however, that the Trustee, shall not be required to al ter into ;my personal obli;ation or liability in dealing with said
real ust;tt4 nor to make itself persunally lilblu for any dama;;es, cults. expenses, fincs or pen;tltics, nor to deal %t•Ith the Said title ,
co lon": as n117 mollcy is doe to it hereunder. Otherwise. the Trustee shall nut he required to inquire, into the propriety cif and• si{ca
teri!tn di;o�tion.
4, '! nit, the interest u( any Ouch uenrficiary or ucn(:ficinrics hermindcr (or tlir-ir successors In inters,st, as hereinafter pro-
0111.11 furl h 11t cnmist We.l;, of a j)ut.%r of dircetion to Oval t.ith file title to ..s.0d re.il estate aid to nl;)nn e and 0nlrol, slut real .
C;t;lty a� j+rlivitled, wid the t'ii;ht to mcivc Ow i)ror,.,vds I'mm routalls, ::;tli'.i, morit i j;cs, or other 0jz.P i;itit)ti uI :flit!
1.(•:41 eats,tc, ;rml that .Hell ri:;lJt ill the ;telil i of :.ajtt rv:11 C%t;,tt! shall be (lecitied to be pvrsumil properly ,,od may be ls;i;:ned 1110
triii:frrrett a•; 4tit•►;• Su1)j.•v; to III,,, twovi:;i+inti luiretrf, a livociivi.il interest may be suhtiivitlt.'d by assignmont so as it) vest ill ml
111 iniert'S; In ll;l: 11hnit' of ;1 1wevimisly JJr'llefi(J'41 interest, 111101 i'Ccvil)t Of on vri:ein.11
or :1 tlilj11:4'dtC , ;:'V'Wltt'nt ;i.1 lt4rl'alid. mi: '('rwitci• omij imint'(tl:ttoy vottor,v its :ft'fS'.(1:.Jitti4 mt a com "hel'vo and $4,1 yr 'Saijl
J1+:jra' trJ f.ti+l ^ Is ;111'1 Im, lit"r or .Iwr rJ:r lfi alt' Ut llt'Ilt'tJtJal JJlIvrvit lit'i'Voli er.
j`ht' tli'' 'r; RJf rRn b,-nrfiVl;ir ntit tt ri;tin.*.t' thi, '(rust uiir ill .city 1!l;tlutrr «f1+C ih: ;al+fir. tlf tlt1: '1'rti++tt�s+
j1 `t:t'UJI+igT :!{,t! 1:) JISi lit t:if'1111! !Ii>':lli '.! :illy' +iirll t.l'l!R'i;l'l.tfy' thifill, .t!:'+ t'•i'tR J: R) ttf t114�i trU't, ltla or 114r rl. lit 11itf itiTA'Tt"4t li4ir1.t1
{;'J!•!i-: 111,;±:, s =,t''pt a., 1wr.•!4i t,{ht'rbli i spi"t'i{triliy linillilVd, jt:t?� ;l+ jWrW)1I;1l proporty io1:;•i or ht'r'V%vvtltor (1r';Itllyiilr?*rit(tir;it.ltl.
7:'1a i'` it ei4 ("tltR! tl! 'llia die ;ht'r tIC'i, i ;it "t J"t:• It 'l r fllr0fel nll;t'!r 1')Nt1;1111i ;1;aCl'C/l tilett nn Rl'I1r';ji t:tta' ii.l1} II,+a nt)r-.It in), titil# •rii9il,
t1.OT ;ti;y P ti!, title fir 144tR'rfr't ail or to ;tiiV ItUJ'.t«t'Ji of ;titt rt' Il *l.lttf is :itich, either It":'.tl tlr v(jUil;itllt'.. W1, tJn4y, ;'it 41091 Sit in
.t':v' �1':,`•.1 i1:;!'A d. x>•a71; ;i;1t1 ji;`R'�4''�'1 R1 ?> ;tltt)r p>*.,j ,
t
I:r+ a,+lit yiera tit an aril: utli le dull n>. upvienlluil of {:Ir; shall hc• tlitr0 rift tllc Ttu+tee 'until till. ufigih,il
►t i!tli.l;t:lt+t utl,t:'A of rail! i.a 1o,f:;"+I t%Wl the 'rfti.t -j"d its nfttptamtt Indicted lh-t6oh. At.), tor.,iih !lattn„ 1
tw: CI, rt th;rctlt,lt t':l+tf is n',t a lsehi'ticiity II'Ire01111cr h,:fl not li,i%o thr: fi:ht tit assl:ttl such ]Tishri trithut,t dill wtitctt c6111'c-
it",I I:etls It III all het:i•liel.lelt'e lieteundt:t. Nit per*Pitt rig bottvtiviirt• fu'rt'untlr,t !.bait hat'+' the ri:tlit to tv/Ntriet felt cr 1,tntl the
tl. Th,,t, tilt, 1'+ t.i':Iciary tit lehLit ici:lfie3 llereoullile shall in his, ?let or their olt'n right li lvia the full w-Ina:;crtteht tit said te.,i
dstlitc lima Vollte+l tit the srlllin-t, rctttitt iltd hintilitl,•; thereof, Intl :iny beneficiaty, of lies tit brit° agent, shall handle the rents
t1::•tolof ants the prut'reds of I;iv Olvs of said Property atlo the Ttu..tue shall slot he ft:rluired to do anything in the ttianlgement ur
cl`htftll r,f salt] fell estate 01, in respect its the PA1 l ?ent of tnxet or llS!+ftsttletitS or in lltSfloct to inklltince, liti','atioh nr 6thUNd.+r.,
exco"', flit %1fit:en direction as l efrin:dloVLi provided ;Intl lifter paylnettt to it of :111 ill,lhit!s itetesSity to catty GUt Said instfUcilBnS.
I. That, ill case the 'Trustee shall make atiy advances of inohay oil account of this Trust or sit-Iit he made a {l rty' to :7NY
liti'Gntioll oil actuunt of holtlih title to said teal estate Or in elltinuctioh with this trust, or to case the Truster' shall he cumpelled
to "n'. ant• Alth elf Morley ull acceuht or this trust, whether on account of bteuch of contract, injury to parson or 1ti•nllerty, titles
of tsetiaftieR uhacr any faty or othertlise, the brh:tfitiaric; hrt-sunder do hereby joititly and sc.,erilly agrr:+: that they will on
dt:m:titti pay to tilt, Trustee, with interest thereon at the rate of G o per :iilnwn, all such disbursements or advances or payments
nlatit, by the Trustee, together with its expenses, including reasonable atfurney's fees, and that tite Trustce shall not be catictl
tillon to erihvey or ctherwise deal with salt:] property at any time held hereunder until all of sold disbursements, payments, Ml,
vantes Intl expenses trade or incutrcd by the Trustee shall have been fully paid, together with interest thereon it aforesaid. How•
ever, nothing hereiti contained shall be construed as requiring the Trustee to advance or pay out any money on account of this
tfu.t or to prosecute or clefend any legal proceeding involving this trust or any property or interest thereunder unless it shall
be furnished with funds sufficient therefor or be :satisfactorily indemnified in respect thereto.
S. `Pint, nothing herein contained shall be construed as imposing any obti-ation on the Trustee to file any income, profit
or other tax reports or schedules, it being expressly understood that the beneficiaries hereunder froin time to time will individ-
uoll;r make all such reports and pay any and all taxes growing out of their interest under this Trust Agreement,
V. Th_t, any contracts, obligations or ins ebted:i_ss incurred or entered into by the Trustee in connection li th said real estate
may be entered into by it in the name of the then beneficiaries hereunder, as their attorney -in -fact, hereby irrevocably appointed
for such purpose, or, at the election of the Trustee, in its oven n i-ne. as Trustee of an express trust, and the Trustee shall have no
obli.o.:atiun t%Mtsoever l:•ith respe_•t, to any such contract, obligation or indebtedness except only so far as the trust property and
funds in the t:ctu31 possession of the Trustee shall be applicable to the payment and discharge thereof,
10. That, no party dealing with said Trustee or any successor Trustee in relation to said real estate or to whom said real
estate or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by sr=id Trustee, shall be obliged to see
to the application of any purchase money, rent or money borrowed or advzticed on said real estate, or be obliged to see that the
terms of this Trust have been complied with, or be obliged to inquire into the authority, necessity or expediency of any act of
said Trustee or be obliged or privileged to inquire into any of the terms of this Trust Agreement; and every deed, trust deed,
mortgage, lease or other instrumentexecutedby said Trustee in relation to said real estate shall be conclusive evidence in favor
of eery person relying upon or claiming under any such conveyance, lease, mortgage or other instrument, (a) that at the Untie
of the dalivery thereof, the trust created by this Trust Agreement eras in full force and efect; (b) that such conveyance or
other instrument was executed in accordance with the trusts, conditions and limitations contained in this Trust Agreement and all
amendments hereof, if any, and binding upon all beneficiaries under this Trust Agreement; (c) that said Trustee ivas duly author-
ized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument; and (d) if a
conveyance has been made to a succossor or successors in trtist, that stick successor or successors in trust have been properly ap-
pointed nrd are lull; vested with all the title, estate, rights, powers, authorities, duties and obligations of its, his or their pre-
deccssor ill trust,
11. This Trust A.rreement shall not be placed on record in the county in which the real estate is situated or elsewhere, but
if for any rcnson same is so recorded, such recording shall not be considered as notice of the rights of any Person hereunder
der ",atory to the title or powers of said 'Trustee.
12. The Trustee may at any time resign by sending a notice of its intention so to du by registered tilail to clell of the then
lienefiri:,rics hereunder at ,his nr her address last knov.:n to the 'rru-.tct•. Such rchi,natioti shall bec+Talc effe tit•e tic,, day: after
the tnailin^ of such notices by lice 'frtlstce. In til.event of such resi'natiolt, a successor or :Suecessutz nln>' he nppniutrt) lay lhu
pc'r on or persons then entitled hervotid •r to direct to Trnst:le in file disrusition of tilt: trust Property, anti the 1'ru.te0: ,!tall
titr,rcunoo convey the trust property to sticll successor or successors if) trust. In the event that no succes or in trust is 111111011 as
tlryviti'_t1 pitllitl tctl d:lys aftct• Ille mailing of :.ui:h lintirr:, by the 'Trustee, then file 'ri-IIA •r nlay cell 'o%l 1110 tril*t prol'erty
1u th. I,cncfici.rrics ju accord:mcc witU their resl)ectivr intorests Iicreandt:r, or the Trustee nlny, at its Oi'::,'il, file a bill for lilt•
prr,l,ri:,te rviivf its wln ' cn!irt, tit culn1wtent jurisdictivii. 'flit: '1'ru,ive. lwiv itlir;talift iog suvh rc:i�nation, .Iislt t-nuth w to llove a
fir_t li-I till the trUSl tirnpvrt�- for It, cust---, CNIWIt`+k's ;Intl attorney', f c': aitll for its r,•1,on.dile l'I,Ilt�l it<.I.I,,t1,
13. Ever! succcsnr 1•ru,tee tie truatvti Pppointvil ht•r'runt!er .hall h✓ctw.w fully se;lrll "'ill' .111 tilt, vsl,rto. ilrotit•r os.
II*,uY.':r:, tru.,tl, ttytl^; ;u,'i uhlr;:lUuns; of its, Illy or th,•ir llrrlicct'.,s11t.
1 ;, 'l'I,.Lt is ,.• 4ta :tn� l'r),I-rly :!rill ,,, , t :t: � al t..
e, i f it2ltiit:., In iirl* l:,"a ( ,/t t y it ttt I, 1.:11 11t• tit+' t„rtt' v ialti
+rlistl'= (,t s it ;!::/l 4i•;,y.•:.ui ti!+' 8^Ir• at 1;41hiii: %,,,IV. 141 hr livid by it .,> t'�i•rt11:t lu,!y :+5. on„il,l„ :111,1 till tv.t-;on,,lri,.' .r,;•,t�•'li�ct•
t,ifi:t ;,till lilt
U 1 G, it ail, 1 , , f, 1 .. Et'• 4 tU''„ ! 1 chi, t fh
ter: i•:r' IsJ; )r,/:•t't'.Il� :)n',)n1
) rtu•l Ir. iu•artut L'r, I '•'t , :,• '1 .f:'.:.ur • fl'+• anti r� »' :'> a!1�i1
i alga 1+..1r+(,'Ch4r y,+a a tilt'Ir 1"t'rtlt'r•tlSr` 1Ttt',l'rta !: �,' l:•' l ,irff`''•tr.
-
47
7,
A,id f,,.- l!" tri, t .:;id ih
t:
'if
titt tit !'t'!o I !.oft.. it 411 -111 hich
.11iii. fjj):.�r phij-H." -.t);I0I Iil.�ty ho p-11"or ho #j, 0: 1 !1.11 tit it
t-i *,IJN and It it
nnll i-i 7 il..3 owt i1 fir t 111,11 -111 !tit! h'.11 ai.iti Ahtj pt-)r.-tty Wit
24 T=2M WIMM the City Natioh&l Saftk of Miami hag executed this tAnd Trutt
AgreeMant at at the day and year f itgt above written,
CITY NATI=t B*M or MINI
I INV
4,
VICE PRESIDENT &
DOI
Acts
CORPORATE TRUST OFFICER
AM CAI SAID DAY the Morley Realty Corporation signed this Declaration of Trust and
Trust Agreement in order to signify its assent to the terms hereof.
TA=SSES.-
MORLEY REALTY CORPORATICN
By J*
TA SHERMAN-, President
Attest : 4m,"
MARSHALL J. MILLER, Assistant
Secretary
7880 Biscayne Boulevard
Miami, Florida
0
All of Lot 25 and Lot 26, LESS the following portion of said Lot 26;
Beginning at most Easterly corner of Lot 26, in dock 55, of
rLAGLER, according to the Plat thereof, as recorded in Plat Book 5 ,
at page 44, of the Public Records of Dade County, Florida, for a
point of beginning; Thence Northwesterly along the Northeasterly
line of Lot 26, 180 feet, more or less, to most Northerly corder;
thence Southwesterly along Northwesterly line of Lot 26 five feet,
more or less to a point on said Northwesterly line; thence Southeast-
erly parallel to the Northeasterly line of Lot 26, 180 feet, more or
less, to Southeasterly line of Lot 26, thence Northeasterly along
said Southeasterly line five feet to the point of beginning,
in Block 55, of FLAGLER, according to the Plat thereof, as recorded in Plat
Book 5, at Page 44, of the Public Records of Dade County, Florida; AND
All of the Grantor's right, title and interest in and to the property abutting
the above described Lots 16, 25 and 26 lying in the alley way shown on the
Plat of Block 55 of FLAGLER, recorded in Plat Book 5 at Page 44, of the 'Public
Records of Dade County, Florida; AND
Lots 27 and 28, in Block 55, -of MARY BRICKELL'S FLAGLER ADDITION, and
also, Beginning at the most easterly corner of Lot 26, in Block 55, of DIARY
BRICKELL'S FLAGLER ADDITION, according to the Plat thereof as recorded in
Plat Book 5, at Page 44, of the Public Records of Dade County, Florida, for a
point of beginning; thence northwesterly along the northeasterly line of said
Lot 26, 180 feet more or less, to the most northerly corner; thence southwest-
erly along the northwesterly line of Lot 26, 5 feet more or less, to a point oil
said northwesterly line; thence southeasterly parallel to the northeasterly line
of Lot 26, 180 feet more or less, to the southeasterly line of Lot 26; thence
northeasterly along said southeasterly line, 5 feet to the point of beginning,
together . with all right, title and interest of the Grantor in and to that certain
alley adjacent to and northwest of the above described property as shown on
the plat, Plat Book 5 at Page 44, of the Public Records of Dade County, Florida,
title to which said alley is not warranted hereof; AND
Lots 29 and 30 in Block 55 of FLAGLER (Mary Brickell), according to the Plat
thereof, recorded in Plat Book 5, Page 4-1, of the Public Records of Dade
County, Florida.
Subject to real estate taxes for' the year 1980 and subsequent years, and ease-
ments, conditions, restrictions, limitations and encumbrances of record.
' 1101./L
T1419 TRUST AGRELMtNT, dated this a, ..................... day of August.,,..............., and
3
knewtl iris 'gust Nurnbet 50
....,,..•0APt
......,.,..<..,.,.,.,, is to certify that CITY NATIONAL 8ANk of MtAMI, Miami, f'Iotida,
a natlafttl bisftking awelation otganited undet the imatutes of the United States, and duty authorited to ceeept and
exeeute trusts within the State of Florida, not individually but at `Trut#tee heteunder, It about to take title of the (ollow.
ing desextibed teal estate in .... ..........0.4.49.,.............................County, Piotida, to wit:
LOTS 42, 43 and 444 BLOCK "t", a part of the
SLUIVtSION OF THE POLLY UWIS DONATION, in
Sett ort 390 Towithip 54 South, lzange 41 East,
attording to the plat thereof, as recorded in
Plat took "13" at page 96 of the public Records
of bade County, Florida.
TOGEVEit WITH:
(See Exhibit "A" attached hereto and made a
part hereof by reference, for balance of legal
description.)
and that when it has taken title thereto, or to any other real estate deeded to it as Trustee hereunder, it will hold the same for
the uses and purposes and upon the trusts hereinafter set forth,
IT 1S UNDERSTOOD AND AGREED between the parties hereto, and by any person or persons who may become entitled
to any interest under this Trust, as follows:
1. That, subject to the power of direction hereinafter provided for, the Trustee hereunder shall have and is hereby granted
full power and authority to improve, manage and protect said premises or any part thereof, to contract to sell, to grant options
to purchase, to sell on any terms, to take.back, foreclose and relca.e mortgages, to convey either with or without consideration,
to donate, dedicate, mortgage, pledge or otherwise encumber said property, or any part thereof, from time to time to lease said
Property. or any part thereof, in possession or reversion, by leases to commence in praesenti or In futuro, and upon any terms
and for any period or periods of time, not exceeding in the case of any single demise the term of 99 years, and to renew or extend
leases upon any terms and for any period or periods of time and to amend, change or modify leases and the terms and provisions
thereof at any time or times hereafter; to contract to make )cases and to grant options to lease and options to renew leases and
options to purchase the whole or any part of the reversion and to contract respecting the manner of fixing the amount of present
and future rentals; to exchange sold property or any part thereof, for other real or personal property, to grant esscmeau or
charges Qf any kind; to release, convey or assign any right, title or Interest in or to said premises or any part thereof; and to deal
p y part thereof in all other ways and for suFh other considerations as it
with said pro arty and ever would be lawful for .any
person Owning the same to deal with the came, whether similar to or diifferent from the catty$ above specified; at any time or
times hereafter•
g)
r
Tihet, the talltiwtet eurted "nal tat Nit Ammon va ifitlteet to hi reiflattet praalded lot) shin be this beeetielimb
e# tliirTrliltt end be eetlijed to the eemta, tveilt ttid orwimdr 61 iitld teal estete lireardiel to the reapertive iett"Its at Earth
eppaeite their terwtive ei►seit, t&wlt:
Niehdlae if, m6tl#y - 166y,
3, That, pursuant to the powers and rights hereinafter set forth and granted to it, laid Trwtee ahtll seed will hold, eanvoy,
lease, mortgage or otherwise deal with the title to uid real estate only when authorised to do to on the written direction of
the following person or persons, to -wit:
Nicholas H. Morley.
or, in the alternative, on the written collective direction of the person or persons then constituting the beneficiaries hereunder;
provided, however, that the Trustee , shall not be required to enter into any personal obligation or liability In dealing with said
real estate nor to make itself personally liable for any damages, costs, expenses, fines or penalties, nor to deal with the said title
so long as any money is due to it hereunder. Otherwise, the Trustee shall not be required to inquire into the propriety of any such
written direction.
4. That, the interest of any such beneficiary or beneficiaries hereunder (or their successors in Interest, as hereinafter pro-
vided for) shall consist solely of a power of direction to deal with the title to said real estate and to manage and control said -zeal
estate as hercinabove provided, and the right to receive the proceeds from rentals, sales, mortgages or other disposition of said
real estate, and that such right In the avalls of said real estate shall be deemed to be personal property and may too assigned and
transferred as such. subject to the provisions hereof, a beneficial interest may be subdivided by asaigpttleAt so as to vest is an
ores duplicate stignrnent asisforesaide the 7►vstss shall tntned riously existing beneficial interest. Upop receipt of an origia$4
g
p lately endorse its acceptance on a copy thereof and deliver said
copy to said assignee, as and for his or her certificate of beneficial interest hereunder,
The death of any beneficiary hereunder shall not termitlste this Trust nor in any, manner affect the powers of the Trustee'
under shall, except as herein Otherwise apecificall beneficiary
ass as ersonaltpropertythis
his or her execut ti or administrator,
and
hereunder And in event of the death of a
Y provided, pass Pe vc c _ i r, and
not as :real ostste to his or her heirs at low. It is further understood and sgreed that no beneficiary now has nor r any time shall
have any right, title or interest in or to any portion of said real estate as such, fither legal or equitable, but one art Interest )a
the t'atz�tngs, avails and prgcteds as aforesaid.
j
1
ji. S. That; hu assignment of An iht- ` ,t other thuh by operation of law shrill be ling on the TfuStel until rite 'omlihal
or dtipllcAte original of Said Assignment is lodged a ith the trustee and ttg itetotfinte ifidicAted theredh, Any 'J*fttlh hAviiig 'A
' l power of difectit'ih tt•ho is hot A benefitiary hereunder shall hot have the tight to a§sigh such ftowpr without the Wtitteh rolled.
' five cons#fit of All beheficiariot hereunder. No person ur beneficiary hereundef shall have the fight to fOhttktt tot or bind the
's 'trustee personally.
-; 8. That, the beneficiary of beneficiaries hereunder shall in his, her of their own right have the full inanasefnent of said real
estate And ddfitfol of the setting, fettling and handling thereof, and any beheficiary, at his or her agent, Shall hand!# the refits
thereof and the proteeeds of any silos of said property anti the Trustee shall not be required to do anything in the fnanAgetnent or
eoritrol of Raid foil estate fir in respect to the paythent of tames or assrssM#rats or in t*Oert to ihsurAntre, litigation tit gtht±t�%isle.
ekeept on written direction As hereinabove provided and after payment to it of all monies necessary to OWY aut said instructions,
7. That, in case the Trustee shall make any advances of money on account of this Trust or shall be hilde a party to Any
litigation on account of holding title to said real estate or in connection with this trust, of in case the Trustee shall W compelled
to pay any sutra of )Honey on account of this trust, whether on account of breach of Contract, injury to person or properly, fines
of penalties under any law or otherwise, the beneficiaries hereunder do hereby Jointly and severally Agree that they will on
demand pay to the Trustee, with interest thereon at the rate of 61, per antrum, all Such disbursements or advances or payments
made by the Trustee, together with its expenses, including reasonable attorney's fees, and that the Trustee shall hot be called
upon to convey or otherwise. deal with said property at any time held hereunder until all of said disbursements, payments, ad,
vanees and expenses made or incurred by the Trustee shall have been fully paid, together with interest thereon its aforesaid. Now.
ever, nothing herein Contained shall be construed as requiring the Trustee to advance or pay out any money on account of this
trust or to prosecute or defend any legal proceeding involving this trust or any property or interest thereunder unless it shall
be furnished with funds sufficient therefor or be satisfactorily Indemnified in respect thereto.
8. That, nothing herein contained shall be construed as imposing any obligation on the Trustee to file any income, profit
or other tax reports or schedules, it being expressly understood that the beneficiaries hereunder from time to time will individ-
ually make all such reports and pay any and all taxes growing out of their interest under this Trust Agreement.
9. That, any contracts, obligations or indebtedness incurred or entered into by the Trustee in connection with said real estate
may be entered Into by it in the name of the then beneficiaries hereunder, as their attorneyin•fact, hereby irrevocably appointed
for such purpose, or, at the election of the Trustee, in its own name, as Trustee of an express trust, and the Trustee shall have no
obligation whatsoever with respect to any such contract, obligation or indebtedness except only so far as the trust property and
funds in the actual possession of the Trustee shall be applicable to the payment and discharge thereof.
10. That, no party dealing with said Trustee or any successor Trustee in relation to said real estate or to whom said real
estate or any part Thereof shall be conveyed, contracted to be sold, leased or mortgaged by said Trustee, shall be obliged to see
to.the application of any purchase money, rent or money borrowed or advanced on said real estate, or be obliged to see that the
terms of this Trust have ,been comp:ied with, or be obliged to inquire into the authority, necessity or expediency of any act of
said Trustee or be obliged or privileged to inquire into any of the terms of this Trust Agreement; and every deed, trust deed,
mortgage, lease or other instrument executed by said Trustee in relation to said real estate shall be conclusive evidence in favor
of every person relying upon or claiming under any such conveyance, lease, mortgage or other instrument, (a) that at the time
of the delivery thereof, the trust created by this Trust Agreement was in full force and efect; (b) that such conveyance or
other instrument was executed in accordance with the trusts, conditions and limitations contained in this Trust Agreement and all
amendments hereof, if any, and binding upon all beneficiaries under this Trust Agreement; (c) that said Trustee was duly author-
Ized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument; and (d) if a
conveyance, has been made to a succossor or successors in trust, that such successor or successors in trust have been properly ap-
pointed and are fully vested with all the title, estate, rights, powers, authorities, duties and obligations of its, his or their pre-
decessor in trust.
11. This Trust Agreement shall not be placed on record in the county in which the real estate is situated or elsewhere, but
if for any reason same is so recorded, such recording shall not be considered as notice of the rights of any person hereunder
derogatory to the title or powers of said Trustee.
12. The Trustee may at any time resign by sending a notice of its intention so to du by registered mail to each of the then
beneficiaries hereunder at his or her address last known to the Trustee. Such resignation shall become effective ten days after
the mailing of such notices by the Trustee. In the event of such resignation, a successor or successors may be appointed by the
person or persons then entitled hereunder to direct to Trustee in the disposition of the trust property, and the Trustee shall
thereupon convey the trust property to such successor or successors in trust. In the event that no successor in trust is named as
above provided within ten days after the mailing of such notices by the Trustee, then the Trustee may convey the trust property
to the beneficiaries in accordance with their respective interests hereunder, or the Trustee may, at Its option, file a bill for ap.
propriate relief In any court of competent jurisdiction. The Trustee, notwithstanding such resignation, shall continue to have a
first lien on the trust property for its costs, expenses and attorney's fees and for Its reasonable compensation.
13, Every successor Trustee or trustees appointed hereunder shall become fully vested with all the estate, properties, rights,
powers, trusts, duties and obligations of its, his or their predecessor.
13. That, in event any property shall be remaining in this trust twenty (20) years from this date,,A shall be the duty of said
Trustee to sell and dispose of the some at public sale, to be held by It is expeditiously as possible and on Irstaaanable advertise
meat and on reasonabho notice to the then beneficiaries hereunder, and after deduc4nx its reasonable fees and v4penses, shall
divide the proceeds among said benefieiai ies as their respective interests may then appear.
d i are* _ _ +M�r •
t it. 'Skid 'gusted shill reeelve lot its lllwiitei in Aeelptint this trust Ind In Wing title hereunder the lutn of 1 1 M 160
llso the sung of 0040rl.0.y per Yale for holdint tittl liter the A...a....c dly at ..,.AjWJt ......*4....r 46 1661
At rosy property t6mlins in this trust; ilso its retullr lehedute of tali felt tnik'inr deeds, mattlifel, lelsel rind/or other idlttu,
ments is tnly from time to time he tet)uirid hereunder, And it th All waive mitabibll etltnpenution for thy speeill ►arvieto whieh
thly be rendered by it hereitndet, at for ttikinit and heldint Any ether property Whieh inky hereiftle be deeded to it hemoader,
*hieh tees, ehirtel or other eoMtpenlAtltln, the banetieUtiel hereunder IointlY And ilVetillY Wet to DAY. And it is herlbY Ubdarl
stood and Breed that All Well tees Ind eotnpenlitlons shill eonititute l fiat lien on the tell tithe ind property hold hereunder.
IN TESTir ON'Y Wi#EAtrOF, said CITY NATMAL BANK of MIAMI, Miarnl, �'loridt, hal eauaad theta prttents to
Sth i 6r Viet Pr et i dOnt 8 .j, y11
s be signed by its �`ru>st iffioat, attested by its II..I �.t n 6, t ,trust Of f i CL hit cautafd let GbrtSora
hereto affixed as and for the act and dead of the lank, the day and year fiat above Witten.
CITY
I Y NATIONAL WK I AMt im- if—
sLIIIU!, . Wi>ii;,5101N`l (Tract Officer) 8
ATTEST y. ;.::.,.1.........1.........1.:........ C o (`i 10
7
And on Aid day ,thf said beneficiaries have signed this Declaration of Trust and Trust Agreement in order to signify
their assent t that s hereof.
............ ...........
..•........ ..,...... ....... ..... .............. (Seal) Address ...............................................................................
............1. ...1............. .......................................(Seal) Address............ ,...............................................................
..............................................................................(Seal) Address.............................................................. .............
........... .......... ....... •................. I ............. ..... ................ (Seal) Address........................................................................ .
.............................................................._..............(Seal) Address ............................................... ...................... 6..........
..... ...... ....................................................... _.............. (Seal) Address................................................................................
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A parcel of land in Biseayne Bay, lying southetiy of and abutting uplands
in Section 30, Township 54 South, Mange 41 Bast, bade County, Florida, mare
partituiarly described as follows!
CONt-MNCB at the NU cornet of Section 40, Township 54 South, flange 41 Bast,
Dade County, Florida;
thence tun North 88112'14" last, along the North line of said Section 40 for
a distance of 44735,70 feet to the point of intersection with the Northwes-
terly boundary line of Block "B" of Plagler Subdivision, according to the
Plat thereof, as recorded in plat Book 5 at Page 44 of the Public Records of
Dade County, Flotidat
thence run North 52°50'14" Bast along the Northwesterly boundary ,line of
Brock "B" of the said Flagler Subdivision and along the Northwesterly boundary
line of Block "B" of Mary'•and William Brickell Subdivision, according to the
Plat thereof, recorded in Plat Book "B" at Page 96 of the Public Records of
Dade County, Florida, for a distance of 3,240,85 feet to the most Westerly
corner of Lot 41, Brock "B" of the said Mary and William Brickell Subdivision;
thence run South 37°09'46" East along the Southwesterly boundary line of Lot
43, Block "B" of the said Mary and William Brickell Subdivision and its pro-
longation Southeasterly for a distance of 731.38 feet to the point of inter-
section with the Dade County Bulkhead Line as established by the Board of
County Commissioners of Dade County, Florida, by Resolution No. 2025 passed
and adopted September 2, 1958, said Bulkhead Line being recorded in Plat Book
74 at Page 3 (sheets 3 and 5) of the Public Records of Dade County, Florida,
and being the point of beginning of the tract of land herein described;
thence run North 56°54'11" East along the said Bulkhead Line for a distance
of 200.46 feet to the point of intersection with the prolongation Southeas-
terly of the Northeasterly boundary line of Lot 42, Block "B" of the said
Mary and William Brickell Subdivision;
thence run North 37°09'46" West along the prolongation Southeasterly of the
Northeasterly boundary line of Lot 42, Block "B" of the said Mary and William
Brickell Subdivision for a distance of 175 feet, more or less, to the point
of intersection with the mean high water line along the Westerly shore of
Biscayne Bay;
thence run in a Southwesterly direction meandering the mean high water line
along the Westerly shore of Biscayne Bay for a distance of 213 feet, more or
less, to the point of intersection with the Southwesterly boundary line of
Lot 43, Block "B" of the said Mary and William Brickell Subdivision;
thence run South 37°09'46" East along the prolongation Southeasterly of the
Southwesterly boundary line of Lot 43, Block "B" of the said Mary and William
Brickell Subdivision for a distance of 211 feet, more or 'less, to the Point
of Beginning.
FX}IIAIT "All
-AW prr4r914 wrytn Vvpsiv xnv4, 4AK,M #Mf:Pr&xP lMt2fr tT3. �.w.
fey AtyCleM f(,P€B�.i.. 46+�Irp�*i R. �Id�,,{!1 RE�I�M. �kQsip�t+ i�1�R
i
.�c ',r'J`.�': }+'€,a.;*�...;.-,.A •.f,�. vim,, .''�tq�"'. ..�. '., :s if!'sF'
Q
ASSIGNMENT OP UNEF CIAL
INTEREST IN LAND TRUST
MIAMI,'LRItiA
DEMUR
I , 10A4
PDR VALUE RECEIVED, ARTHUR SCHEINHbLZ, individually and as
trustee (Assignor), hereby Selis, assigns and trantfdrt over unto
Intertarra, Inc., a Delaware Corporation (Assignee), all of the undi-
vided interest, including the power of direction in and to and udder
that certain Trust Agreement dated the 29th day of August, 1978 and
known as Trust Number 5003118 of City 'National Bank of Miami, Miami,
Florida, which he acquired from the Estate of Bernard Scheinholt by
Assignment of Beneficial Interest in Land Trust dated December 17,
�. 1981.
The interest of said Assignor in and to and under said Trust
Agreement represents a fifty (50%) percent interest in the premises
described therein, including the power of direction thereunder, and
this Assignment covers an undivided fifty (50%) percent interest in
all of said premises and said power of direction.
This Assignment is made subject to that certain Security
Assignment of Beneficial Interest in Land Trust (the "Collateral
Assignment") executed by Assignor as debtor in favor of Continental
Illinois National Bank and Trust Company of Chicago ("Continental"),
as secured party, dated January 23, 1981, securing the "Liabilities",
described therein. The execution of this Assignment by the Assignor
and 'acceptance by the Assignee does not increase or affect any of the
existing obligations of the Assignee and is not intended to create any
greater obligations than presently exist.
IN WITNESS WHEREOF, Assignor has executed this instrument in
C t1Cf�6-o , Coo1K County, Illinois, this ( day of December,
1984.
Signed, sealed and delivered
in the presence of:
ARTHUR SCHEINHOLZ, individually and
as trustee
s��
STATt Or III NC515
as
COUNTY op
BEFORE Mt► the undersighed authority, persohally appeared
ARTHUR SCHEINHOLZ # individually and as Trustee, kt6n t to me to be the
oergon above described and who executed the foregoing document freely
and voluntarily.
SWORN TO AND SU98CR18ED before me this 1J .. day of
"=Bert 1984.
My Commission Expires:
4TAgRPZ_PMUB2L1Ct�S't, of Illinois
at Large
ACCEPTANCE
THE UNDERSIGNED being the Assignee above mentioned hereby
accepts the foregcing Assignment subject to all the terms and provi-
sions of said Trust Agreement and the terms and provisions set forth
herein.
Signed, sealed and delivered
in the presence of:
/"�� I *m4o�
INTERTERRA INC., a Delaware
Corporation
BY:a-
W2-
1AsaUN'[ NT Or JOINT VUf URP, '(EST
TRYS AMEMENT Ude this day of Ded6tbet, 1984 between
ARTHUR SCHEINHOUt Trusted, at successor in interest of Bernard
Soheiftholtt Trustee, joined by Arthur Scheinh612 and Roslyn Schlahq
as ce-personal representatives of the Estate of Bernard Scheinholz,
deceased, ARTHUR SCHEINHOLZt individually, and DAVID SCHDANG, indivi-
dually, hereinafter referred to as Assignor, and INTtRTERRA, INC.,
hereinafter referred to as Assignee,
W I T N E S S E T H
WHEREAS, Regina Interiors; Inc., a Florida corporation and
Bernard Scheinholz, Trustee, entered into a Joint Venture Agreement of
June 7, 1979 which Joint Venture Agreement has, from time to time,
been modified and amended; and
WHEREAS, said Joint Venture Agreement provides, inter alia,
that principals of Bernard Scheinholz, Trustee, "are Bernard
Scheinholz, Arthur Scheinholz and David Schlang" which "principals or
a majority of them shall have the full right and authority to bind and
i
3 act upon behalf of" Bernard Scheinholz, Trustee; and
WHEREAS, upon the death of Bernard Scheinholz, Arthur
Scheinholz as Trustee succeeded to the interest of Bernard Scheinholz;
and
WHEREAS, Assignor desires to assign their interest in the
Joint Venture for a consideration; and
WHEREAS, Assignee desires to obtain the interest for con-
sideration.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and the payment of TEN AND N0/100 ($10.00) DOLLARS
and other good and valuable consideration in hand received, receipt of
which is hereby acknowledged, Assignor does assign all right, title
and interest of Bernard Scheinholz, Trustee and his successor, Arthur'
Scheinholz, Trustee, in the Joint Venture, being a fifty (50$) percent
share of said Joint Venture to Assignee.
Assignor shall no longer be entitled to any share of joint
venture profits or assets,
WA
Q17
Assignee Mall be entitled to All AsA-Lgnor'a shares of the
joint venture profits or any distribution of assets and shall: assume
the liability for Assignor's proportionate share of all future joint
venture losses.
It is the intent of this instrument to carry out the purpose
of paragraph 2 of the Agreement of the parties bearing date of 25th
day of truly# 1�84, and without limitations upon the provisions of Said
paragraph 2, it is the intention of this Agreement that Arthur
Scheinhol2, as Truatee, sells, assigns and transfers to Assignee all
of the right, title and interest as a joint venture partner in the
Villa Regina Joint Venture and all of the interest held upon behalf of
himself individually and upon behalf of others, which sale, assignment
and transfer includes the sale and transfer of the assets, good will,
name and all rights in connection with said joint venture.
ARTHUR SCHE NHOLZ warrants and represents that, as trustee,
he is the legal title holder of the full fifty (50%) interest which he
is transferring hereunder, free and clear of any liens, legitimate
claims, encumbrances or restrictions and that, as Trustee, he has the
absolute and unrestricted right to sell, assign and transfer to
Assignee hereunder,
That there exists no options, rights of refusal or other
agreements of any nature which prevent his right, as Trustee, to so
transfer his interest, as Trustee, except as may exist between himself
and the consenting joint venture partner.
This instrument vests in Assignee good, absolute and marke-
table title to the interest herein assigned, free and clear of all
liens, exclusive of the Lien of Continental Illinois National Bank and
Trust Company of Chicago and pending lawsuit of Robert L. Turchin,
legitimate claims, encumbrances and restrictions. Without limiting
the foregoing, the conveyance of the fifty (50%) percent interest
herein assigned, is specifically free and clear of any claims of bene-
ficial interest holders of Arthur Scheinholz, as trustee and/or his
predecessor Bernard Scheinholz, Trustee.
IN WITNESS WHEREOF the parties have executed this Agreement
in Miami, Dade County, Florida, the day and year first above written.
W2-
FRIO MWIN,
a 4 wed ^Aai^A AAA AA *#j&oaA
in the preadmdt 6h
ARTHUR SCHEINHOL21 individually and
AA trusted
.. ..... ...
J
ARTHUR SMINHOUt Co -personal
reprtgentativ6 of the Estate of
Bernard gcheinh612, deceased
/7
ROSLYN SCHLANG# Co -personal
representative of the Estate of
Bernard 8cheinholz) deceased
DAVID SCHLANG, individually
INTERTERRA, INC., a Delaware Corporation, as Assignee of the
aforementioned interest in the joint venture does hereby accept it's
apportionate share of the joint venture's future liabilities and
,releases Assignor -from any additional liabilities thereon. Assignee
shall be entitled to participate in the management and control of the
partnership business, as shall be hereafter agreed to between the
joint venture partners.
DATED this day of December, 1984.
INTERTERRA, INC.
BY;
or 3 -W
fT 3
Mr► Lorenzo Luaces offered the followingtesolution and
loved its adoption.
RESOLUTION vE 84-86
AMR CONSIDERING THE PACTORS SET FORTH IN
SECTION 3509 OF ORbINANCE 9500, AS AiMWED,
THE ZONING ORDINANCE OP THE CITY OF MIA14l o
THE ZONING BOARD ADOPTED RESOLUTION ZB 84-86
RECOMMENDING APPROVAL, TO THE CITY COMMISSION
OF THE CHANGE OF ZONING CLASSIFICATION IN THE
OFFICIAL ZONING ATLAS OF ORDINANCE 9500, AS
DED, PROM RG-2-1/3.3 GENERAL RESIDENTIAL
TORG-2.1/5 GENERAL RESIDENTIAL MAINTAINING
THE SPI-4 BRICKELL AREA :MAJOR STREETS OVERLAY
DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1548-1636 BRICKELL AVENUE; ALSO
DESCRIBED AS LOTS 25 THROUGH '38 INCLUSIVE,
BLOCK 55, FLAGLER MARY BRICKELL (5-44)
P.R.D.C.
Up.on being seconded by Mr. George Barker, the motion
was passed and adopted by the following vote:
AYES: Ms. Bas i l a and Morales
Messrs. Gort, Barket, Ch anning_, Luaces,
Milian, Romero and Sands
NAPES: None.
ABSENT: None.
Mr. Perez-Lugones: Motion carries 9 to 0.
July 21, 1986, Item 4
Zoning Board
--
101,73
IN
LAW OFr;'CE5
Ah d1kttN11tR$, tftAUmia, Autw, WOPPMAN, LIPIOPP, A0ftN OUENtg_L, P. A.
A7
MICHAEL 0 AIBERT!NE ALAN S GOLD
DEBBIE M ORSHEFSKY
AMBLEP H `FOSS, JP
rFONANDO C ALONSO STEVEN E GOLDMAN
.MARK A PACHMAN
7.A.CHARY I -I WOLrr
C ESAP L ALVAREZ STEVEN M GOLDSMITH
STEVAN J RAPDO
Or C:)�NSEL
RUDOLPH F ARAGON MATTHEW B GORSON
- RICHARD A. ARA1N DIANNE GREENBERG
OLGA E PARRA
MARSHALL P PAST EPNAC+.
REUBIN O D ASKEW MELVIN N GREENBERG
AERRI L BARSH MARILYN D GREENBLATT
SYRON In, PETERSEN
ALBERT O OUENTEL
MIAMI OFFICE
BPICKELL CONCOUPS
HILARIE BASS ROBERT L. GROSSMAN
JOEL-PEINStE+N
+d01 SPICKELL AVENUE
ALYSSA M 6AumGARtEN KENNETH C HOFFMAN
MARK J REISMAN
MtA IAI, FLORIDA 3313II
RICHARD D BAkt ER LARRY J HOFFMAN
LUIS REITER
TELEPHONES
NORMAN J BENFORD DONALD J JAPET
KENNETH B PoBINSON
MSAM1 (305) 519 , 0500
SCOTTD BLOOM TEIN MARCOS D JIMENEZ
MARA MARTIN KALE
NICHOLAS ROCKWELL
PAOUEL A RODRIGUE2
BRowARo (30%) 523-8111
BURL $PUtON ROBEPT A. KAPLAN
- STEVE BULLOCK JOEL J KARP
MARTIN S ROS
RICHARD A ROSENBAUM
d
579 071EN TELE9 O_i6 i 579 -0717
'ELEGOPY (3b5) .
ROBEPTK SURLINGTON JUDITH KENNEY
LILIANA CANO TIMOTHY E KISH
RONALD M ROSENGAR*EN
DAVID L ROSS
-
WEST PALM BEACH OFFICE
J PHILLIP CARVER ALAN 9 KOSLOW
POBERT D PUBIN
100 AUSTRALIAN AVENUE
SUE M. COBB STEVEN J KRAVITZ
KAREN D RUNDOUIST
SUITE 201
KENDALL B COFFEY STEVEN A LANDY
DIANE M CONNIFF ALLEN P LANGJAHR
CLIFFORD A SCHULMAN
MICHAEL R SEWARD
WEST PALM BEACH, rLORIDA 33AO6
{3OS) 60366I1.
_
KATHY A.. DAPAS2 ALAN S LEDERMAN
MARLENE K SILVERMAN
JEFFPEY G. DECARLO .EFFREY It lEVEY
OSCAR G. DE LA GUARDIA LAWRENCE B LEVY
STUART H SINGER
TIMOTHY A SMITH
BROWARD OFFICE
ALBERT A.. OtL CASTILLO NORMAN H L,POFF
DAVID P SOFTNESS
SUITE 1650
- ALAN T DIMOND CARLOS E. LOUMIET
LAURA P STEPHENSON
110 EAST BROWARD BOULEVARD
CHARLES W. EDGAR. III JUAN R LOUMIET
SAMUEL SUSI
FORT LAUDERDALE. FLORIDA 33301
CHARY M EPSTEIN PEDRO A MARTIN
GARY R TIMIN
(305) 765.0500
_
DIANE D. FERRARO JAY A. MARTUS
POSERT H TRAUP!G
TELECOPY (305) 765 • 1477
POBERT J FRIEDMAN JOEL D. MASER
MARIANNE A VOS
- LAURA A. GANGEMI WILLIAM LEE McGINNESS
RICHARD G. GARRETT JOHN T, METZGER
DAVID M WELLS
JERPOLO A WISH
WRITER'S DIRECT NO,.
BRIAN K,. GART ALICIA M. MORALES
TIMOTHY O WOLFE
'WOLFSONRUCE
579-0603
BH GILES•KLEIN ANTHONY J-. O�OONN£LL. JP
SHEILA
_
LAWRENCE GOOOFSKY JULIE K. OL.OEHOFF
PLEASE REPLY TOt
MIAMI OFFICE -
September 24, 1986
HAND DELIVERED
Mr. Guillermo Olmedillo
Chief, Neighborhood -
Land Development Division
`--'
City of Miami Planning
Department
�'
=t'
275 N.W. Second Street,
Third Floor
'''
Miami, Florida 33128
cr•
Re: Zoning Atlas
Amendment (PZ4; September
25, 1986)
City National
Bank/Green Construction/Henriette
Harris
,
- Dear Guillermo:
I am enclosing three (3) proffered Declarations
of
Restrictive Covenants which will control development
on the
property owned by each
of the above -referenced
applicants
pursuant to the Planning Department's recommendations.
Assuming there are no changes requested by
the City Commis-
sion'on first reading,
each of the Covenants
will be exe-
cuted for recordation by the owners of the
subject properties
prior to second reading.
Please note that
the City Commission
Agenda would need
to be corrected to reflect your Department's
recommendation
for approval.
WNW -
September 24)
Pa'q e. Two
Also enclosed is the Landscape Plan referenced in the
Coveftaht.g.
If you have any further questions, please feel free to
call me or Robert Kaplan of out office, Thank you again for
your assistance in this matter,
Sincerely yours,
ANTHONY J. OIDONNELL, JR.
Ajo'. VC
Encs.
cc: Robert H. Trauriqt Esq. w/Enc.
Mr. Joseph McManus w/Enc.
GREENI'MRG, TRAURiG, ASKEW, HOFFMAN, L,.PoFF, ROSEN & OUENTEL., P.A.
wow
This Declaration of Restrictive CbVenants by CitV National
tank Land Trutt No. 50048521 a Elor ida land trust ("Owner") , in
favor of the City of Miami t Flotida, a municitjality within the
State of Florida.
WHER8ASt the Owner holds fee -simple title to certain oron-
erty in the City of Miami, State of Florida ("the City"), con-
sisting of Lots 25 through 30, inclusive, Block 55, Brickells
Flagler, as per the plat thereof recorded in Plat Book 5, 'Page 44
in the Public Records of Dade County, Florida (the "Property");
WHEREAS; the Owner is presently an anulicant before the City
of Miami Zoning Board and the Citv of Miami Commission for a
change of sector classification in the Official 7oning Atlas of.
the City of Miami, from RG-2.1/3.3 (General Residential) to RG-
2.1/5 (General Residential);
WHEREAS, the Owner is desirous of making a hindinq commit-
ment to assure that the Property shall be developed in accordance
with the provisions of this Declaration;
NOW, THEREFORE, the Owner voluntarily covenants and aqrees
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land binding upon the owner of the Property, and its
successors and assigns as follows:
A. Building Height Limitation. The heiqht of buildings on
the Property shall not excee �45te�eteasured From grade at the
building to the top of the tie beam of the top floor of the
building excluding the mechanical and equipment penthouse.
B. Landscape Plan. Prior to the issuance of a building
permit on the Property, Owner must obtain approval of its land-
scape plan from the City of Miami Planning Department which plan
shall reflect a landscape buffer with a Width of ter; (10) feet
Prepared by;
Robert A. Kaplanr Raq.
Greenberg, Traurigr Askew,
Hoffman Upoff, Rooen 0 Quentel, P*A'
1401 Rrickell Avenue
Xi=i, Florida 33131
■
along the western boundaty of the Proberty and, to the tent
petMitted by law, ah additional ten (la) feet withih the
aoinin all
ey ley for,... .. Combinedtotal--w' ath _of. twNnty 00) feet.
..
The landsdaping of the PtopO-tty's buffer shall he 1hst6lle(4 in
substantial cohfotmity with that Portion of the l.andscapd elan
prepared by Salman & Jimenez, Architects, entitled "t,andscAbe
Plan for Western 'yen Peet of Dots 25-38, 13lock 55, Srickells
Flagler Subdivision and the Easterly 'den Feet of Abuttinc Al_let►,"
last revised September 16, 1586, which concerns the lots`
encompassed by the Property. The landscape plan is on file with
the City of Miami Planning Department. The Owner shall also be
responsible for the maintenance of the landscaping on the
Property.
C. Effective Date. if the City Comission of the Citv
approves the Owner's pending application for an amendment to the
City of Miami Zoning Atlas, and after said aporoval has become
final and non -appealable, this instrument shall constitute a
covenant running with the title to the Property and be binding
upon the Owner, its successor and assigns. These restrictions
shall be for the benefit and limitation upon all present and
future owners of the Property and for the public welfare.
D. 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 effected by such modification,
amendment or release providing that same has been approved by the
City of Miami Commission. Should this instrument be so modified,
amended or released, the Director of the Planning or his suc-
cessor, shall execute 'a written instrument in recordable form
effectuating and acknowledging such modification, amendment or
release.
E. Term of Covenant. This voiuntary covenant on the cart
of the Owner shall remain in full force and effect and shall he
binding upon the Owner, its successors and assigns for an.initial
W 2
jmtibd of thirty (n) vt.art from the date of thit im-ttturnosmt is
recorded in the public records and shall be autbmat icallv
extended for successive petiodg of tA-h (10) veitg thereaft6_r
unless modified, ajt6nM@d or released tribr to the OXbir6tion
thereof
V. Pregmipt,lqh llanct, Where construction has
occurred on the Property of any portion thereof i tursucint to a
lawful permit issued by the City of Miamit and instectiong made
and approval of occupancy given by the Citvt the game shall
create a presumption that the buildings or structures thus con-
structed comply with the intent and spirit of this Declaration of
Restrictive Covenants and said Declaration shall not be construed
as a cloud on title to any of sai'd. property upon which said
development has occurred.
G. Inspection and Enforcement. it is understood and
agreed that any office inspector of the City of Miami may have
the privilege at any time during normal working hours, to deter-
mine whether the conditions of this Declaration are beina
complied with. An enforcement action brought by the Citv or by
an affected resident shall be by action at law or in eauitv
against anv party or person violatinq or attemr)tinq to violate
any covenants, either to restrain violations or to recover
damages. The prevailing party in the action or suit shall he
entitled to recover costs and reasonable attorneys fees. This
enforcement provision shall be in addition to any other remedies
available under the law.
H. Severability. Invalidation of anv one of these cove-
nants by judgment or Court in no wise shall effect any of the,
other provisions of this Declaration, which shall remain in full
force and effect.
I. Recording. This Declaration shall be filed of record,
among the Public Records of Dade County, Florida? at the cost of
the Owners,
" 3 -
IN WITNE89 MAtOV# the und6t9iqMtd hat tot their handt and
t(?A1g this day of 1986,
Witnesses: CITY NATIONAL SANK on hohalf of
Land Trutt No. 50-04852
sy.
STATE OF FLORtDA
55
COUNTY OF bAbt
The foregoing instrument was acknowledged before me this
day of ► 1986 by
My Commission Expires:
NOTARY PUBLIC
State of Florida At Larce
- 4 -
P
Thit, Declaration of Restrictive Covenants by arshe M
Construction Corb. too. 2, a Florida corporation ("Owner"), in
favor of the City of Miami, Floridat a ttunicinaiity within the
State of Florida.
W t T N a 8 8 V T 9:
WHEREAS, the Owner holds fee-simiole title to certain
property in the City of Miami, State of Florida ("the City"),
consisting of Lots 31 through 361 inclusive, Block 55, Rrickells
Flagler, as per the plat thereof which is recorded in Plat gook
5, Page 44 in the Public Records of Dade Countv, Florida (the
"Property")•
WHEREAS, the Owner is presently an applicant before the Citv +
of Miami Zoning Board and the City of Miami Commission for a
change of sector classification in the Official Zoninq Atlas of
the City of Miami, from RG-2.1/3.3 (General Residential) to RG-
2.1/5 (General Residential);
WHEREAS, the Owner is desirous of makinq a hindinq
commitment to assure that the Property shall he developed in
accordance with the provisions of this Declaration;
NOW, THEREFORE, the Owner voluntarilv covenants and aqrees
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land binding upon the ,owner of the Property, and its
successors and assigns as follows:
A. Building Height Limitation. The height of buildings on
the Property shall not exceed 45 feet measured from qrade at the
building to the top of the tie beam of the top floorof the
building excluding the mechanical and equipment penthouse,
$, Landscape Plan, Prior to the issuance of a buildina
permit on the PrQpertyf Owner shall obtain approval of its
landscape plan from the City of Miami Planninq Department which
Prepared by;
Robert A9 Kaplanr Req.
Greenbergr TraUrigr Aakewr
Hoff -son Upoff, Rosen & Quentell P.A,
1401 Sr ickell AvenUe
Klani, Florida 33131
Plan shall teflect a landsdape buffer with a width of ten (10)
feet along the westetn boundaty of the Probetty and, to the
extent permitted by law, an additional ten (10) feet within the
adjoining alley for a combined total width of twenty (28) feet►
The landscaping of the ptopertv'a buffer shall be installed in
substantial conformity with that portion of the landscape Ilan
prepared by Salman & Jimene2, Architects, entitled "tandscane
Plan for Western Ten Peet of tots 25-38, Block 55, 13rickells
Plagler subdivision and the Easterly 'Pen fleet of Abutting Alley,"
last revised September 16, 1586, which conrPrns the lots
encompassed by the Property. The landscape elan is on file with
the City of Miami Planning Department. The Owner shall also be
responsible for the maintenance of the landscanina on the
Property.
C. Effective Date. If the City Comission of the City
approves the Owner's pending application for an amendment to the
City of Miami Zoning Atlas, and after said approval has become
final and non -appealable, this instrument shall constitute a
covenant running with the title to the Property and he hindinq
upon the Owner, its successors and assigns. These restrictions
shall be for the benefit and limitation upon all present and
future owners of the Property and for the public welfare.
D. Amendment and Modification. This instrument may he
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 effected by such modification,
amendment or release providing,that same has been approved by the
City of Miami Commission. Should this instrument be so modified,
amended or released, the Director of the City"s Planninq
Department or his successor, shall execute a written instrument
in recordable form effectuating and acknowiedg.nq such
modifications amendment or release,
E. Term of Covenant. This voluntary covenant on the part
of the Owner shall remain in full force and effect and shall. be
W 2
ttl�
bihdinq upon the Nm6to its suddessors and astt0n§ for an initial
peri'6d of thirty (10) years ftbtts the date of this inSttutnent is
reeorded in the .public records and shall be autothatically
extended for successive periods of ten (0) Mears thereafter
unless Modified, amended or released prior to the expiration
thereof,
1�resutilption cj£,_ Compltol"e- . Where construction has
occurred on the Property ar a»y portion thereof, nursuant to a
lawful permit issued by the City of Miamit and inspections made
and approval of occupancy given by the City, the same shall
create a presumption that the buildings or structures thus
constructed comply with the intent and spirit of this Declaration
of Restrictive Covenants and said Declaration shall not be
construed as a cloud on title to any of said property upon which
said development has occurred.
G. Inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the privilege at any time durina normal working hours, to
determine whether the conditions of this Declaration are heina
complied with. An enforcement action brought by the Citv shall
be by action at law or in equity against any party or person
violating or attempting to violate any covenants, either to
restrain violations or to recover damages. The prevailing party
in the action or suit shall be entitled to recover costs and
reasonable attorneys fees. This enforcement provision shall be
in addition to any other remedies available under the law.
H. Severability. Invalidation of any one of these
covenants by judgment or Court in no wise shall effect,anv of the
other provisions of this Declaration, which shall remain in full
force and effect.
I. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners,
!, 3 ..
IN WITNESS WMEREOPP the has set their handt and
96alt this day of
blithe sea OAM CON81MUCIMION CORP. No, Pt
a PlOtidA Cbtbbratiom
Sf
STATE OF FLO91DA
SS
COUNTY OF bAM
The fort -going instrument was acknowledged before me this
day of 1986 by
NOTARY PUBLIC
State of Florida At Larae
My Commission Expires:
'his beclatati6h of 'Restrictive Covenants by Hontiette Nolan
Ratris and George t. Nolan, Jt., individually ("owner"), in favor
of the City of Miami, rlorida, a mumidibality within the Stat0, of
Florida.
W _1__ T., 0, E_9,_.S ,9. T Ott
WHEREAS, the Owner holds fee -simple title to Certain pro -
potty in the City of Miami, State of Florida ("the City"), con-
sisting of Lots 37 and 38, Bl,ock 55, Srickells Flagler, as per
the plat thereof which is recorded in Plat Rook 5, Paco 44 in the
Public Records of Dade County, Fl.oricla (the "Property"1;
WHEREAS, the Owner is presently an aonlicaht before the City
of Miami Zoning Board and the City of Miami Commission for a
change of sector classification in the Official Zoning Atlas of
the City of Miami, from RG-2.1/3.3 (General Residential) to RG-
2.1/5 (General Residential);
WHEREAS, the Owner is desirous of making a binding commit-
ment 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 binding upon the owner of the Property, and its
successors and assigns as follows:
A. Building Height Limitation. The height of buildings on
the Property shall not exceed 45 feet measured from grade at the
building to the top of the tie beam of the top floor of the
building exnladinq the mechanical and equipment penthouse.
B. Landscape Plan. Prior to the issuance of a building
permit on the Property, Owner shall obtain approval of its land-
scape plan from the City of Miami Planning Department which plan
shall reflect a landscape buffer with a width of ten (10) feet
Prepared by;
Robert A. Kaplan, Raq,
Greenberg, Traurig,
Lipof, f , Roaan i Quantel P.A.
1401 Brickell Avenue
Miami, Florida 33131
N
A16ttg the western boundaty of the PronertV and, to the eytOmt
permitted by law, an adoitibmal ton (10) feet within the adoinino
alley for a combined total width of twenty (20) feet. "Ihe land-
soaping of the Property's buffer shall be installed in suhstan-
tial conformity with that portion of the landscape plan orenared
by Salman & diittenez, Architects, entitled "Dandscano Plan for
Western Ten Peet of Dots 25-38, Stock 55, grickells F'larrler Sub-
division and the Easterly Ten Peet of Abutting Allev►" last
revised September 16, 1986, which concerns the lots encompassed
by the Property. The landscape plan is on file with the Citv of
Miami Planning Department, The Owner shall also be resnonsible
for the maintenance of the landscaping on the Property.
C. Effective Date. If the City Comission of the City
approves the Owner's pending application for an amendment to the
City of Miami Zoning Atlas, and after said approval has become
final and non -appealable, this instrument shall constitute a
covenant running with the title to the Property and be hinding
upon the Owner, its successors and assiqns. These restrictions
shall be for the benefit and limitation upon all oresent and
future owners of the Property and for the public welfare.
D. 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 effected by such modification,
amendment or release providing that same has been approved by the
City of'Miami Commission. Should this instrument be so modified,
amended or released, the Director of the City's Planning TAepart-
ment or his successor, shall execute a written instrument in
recordable form effectuating and acknowledging such modification,
amendment or release.
E. Term of Covenant, This voluntary covenant on the oart
of the Owner shall remain in full farce and effect and shall be
binding upon the Owner, its successors and assigns for an initial
period of thirty (30) years from the cute of this instrument is
.c 2
Iff
ttd6tded in the public tocotds and shall be automatically extond-
td for successive periods of ten (10) vo-Arg thereafter unless
modified, amLsnded Or released Prior to the expiration thereof.
F. Compliance, Where t0h9ttUCtion has
-P togumpt, ion, 'm'n i.Ance. 1
occurred on the Property or any portion thereof, burguant to a
lawful permit issued by the City of Miafflij and i1nanettiong made,
and approval of occupancy given by the City, the same shall
create a presumption that the buildings or structures thug con-
structed comply with the intent and spirit of this Declaration of
Restrictive covenants and said Declaration shall not be construed
as a cloud on title to any of said property upon which said
development has occurred.
G. inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the privilege at any time during normal working hours, to Aeter-
mine whether the conditions of this Declaration are being
complied with. An enforcement action brought by the City shall
be by action at law or in equity against any party or person
violating or attempting to violate any covenants, either to
restrain violations or to recover damages. The iorevailinq partv
in the action or suit shall be entitled to recover costs and
reasonable attorneys fees. This enforcement provision shall he
in addition to any other remedies available under the law.
H. Severability. Invalidation of any one of these
covenants by judgment or Court in no wise shall effect any of the
other provisions of this Declaration, which shall remain in full
force and effect.
I. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
W 3 -
I
IN WITNE88 WHtPSOPt the UndotgioMod hat set theit hand§ And
t6alg this clay of ..... . ...... . ► 1986.
9-Li-h—t, I etit Nolan Her it
Geotqt E. Nolan, Jr.
STATE OF FLORIDA
SS
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of , 1986 by
My Commission Expires:
-P 4 w
NOTARY PUBLIC
State of Florida At Larqe
AN AMCNafNa `IIAt; 7_6t4INO Arf-n:T
NANCL NO 9500. 1HE 7CJNING OFAOINANCE pF tit ., (',1I y
or MIAMI, FloPIr)A. BY CHANOING 'tHP 70t-ONG C1 A`'SnI
KK=:ATION OF: APPROXIMATE.lY2",f4+l2 4SOWHWFSI'2;T11
LANE., MIAMI F`LoRI€lA. IMC)F?F: PAr1, I(XILARCY )ESETAIBED
HEREIN) FROM RS-2�2 ONE FAMILY DETACHED RESIDEN•
T'IAL TO RO•i!4 RESIDENTIAL -OFFICE, 13Y MAKING FIND-
INGS; AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO.43 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. gtOo BY REFERENCE AND DESCRIPTION
IN ARTICLE 3, SECTION 100, THEREOF, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 1003
AN ORDINANCE AMtNDINd tHE 2ONINO ATLAS 6F 6noi-
NANCE NO, 0500, tHt 20NINO 61ROINANIv"E Eft tHt CITY
OF MIAMI, PL0131i5A�BY CHANGING THE 2ONINGCLASSI-
NUE, MIAMI, FLORiI)A, (MOFIE RARI IOULARLY t3i_SOIlISE)
HEREIN) FROM RG2A/8.3 GENERAL RESIDENTIAL TO
AG-2,115 GENERAL AESIDENTIAL MAINtAINING THE 80 1.4
BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT, BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO.37 OF SAID,20NINO ATLAS MADE
A PART OF ORDINANCE NO. 0500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTIOfj 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A 81=VEAAML-
ITY CLAUSE.
ORDINANCE NO. 10174
AN ORDINANCE AMENDING ORDINANCE NO, 9500. THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING §3205 OF ARTICLE 32 ENTITLED "STATUS
OF DECISIONS OF ZONING BOARDS: REVIEW BY CITY
COMMISSION; COMMISSION POWERS; JUDICIAL_ REVIEW,"
BY REOUIRING EXHAUSTION OF ADMINISTRATIVE REME-
DIES PRIOR TO JUDICIAL REVIEW AND PROVIDING THAT
THE METHOD OF JUDICIAL REVIEW OF CITY COMMISSION
DECISIONS SHALL BE BY FILING A NOTICE OF APPEAL:
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10175
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI•
FICATION OF APPROXIMATELY 4220, 4234. AND 4244 N.W:
2ND STREET, AND APPROXIMATELY 4225 N.W. 1ST STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HERE-
IN) FROM FIG 113 GENERAL RESIDENTIAL (ONE AND TWO-
FAMILY) TO CR-217 COMMERCIAL -RESIDENTIAL (COMMU-
NITY) BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO.32F OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFER-
ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300.
THEREOF: CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 10176
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPE-
CIAL REVENUE FUND ENTITLED: "SENIOR CITIZENS SPE-
CIALIZED POLICING PROGRAM", APPROPRIATING FUNDS
FOR ITS OPERATION IN THE AMOUNT OF $437,266 COM-
POSED OF $218,350 FROM THE UNITED STATES DEPART-
MENT OF JUSTICE, THROUGH THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, AND $218,916 FROM THE CITY
OF MIAMI LAW ENFORCEMENT TRUST FUND; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Said ordinances may be Inspected by the public at the Office of
the City Clerk, -3500 Pan American Drive, Miami, Florida, Monday,
through Friday, excluding holidays, between the hours of 8:00 A.M.
and 5:00 P.M,
of CITY OF MIAMI, FLORIDA
�4 MATTY HIRAI
CITY CLERK
(g4094) o . .��
10130 86.103061 M
`Y
t
1LY
41tV 61111 MIAMI
DAN elOUNTY,
Millf"ll,"FI&I'dd, Will Willdet IN
6M wof
61,16 111`1611 1,6900 bit 66tabot 21
100 ea mthemamb at MOO A M it
3600 15611 AM016fin W10# MIAM10
OFIbIMANOt NO.
AN ORDINANCE AMENDING
oRbINANOt NO. 0500, THE
ZONING 00INANU OF THE
CITY OF MIAMI, FLORIDA BY
AMtNbIN(j 9520 OF APITiCLe
�32 ENtItLEb "STATUS OF =I-
MIAMI REVIEW JIONS OF ZONING BOARDS;
REVIEW By CITY COMMISSION;
Published Daily except Saturday, Sunday and COMMISSION POWERS; JUDICIAL
Legal Holidays REVIEW," BY AtOUIAINO
Miami, Dade County, Florida. EXHAUSTION OF ADMINISTRA,
iIV8 REMEDIES PRIOR to JUDI-
STATE OF FLORIDA CIAL REVIEW AND PROVIDING
COUNTY OF DADE: THAT THE METHOD OF JUDICIAL
Before the undersigned authority personallappeared REVIEW OF CITY COMMISSION
y DECISIONS SHALL BE BY FILING
Sonia Halligan, who on oath says that the Is the Assistant
Supervisor of Legal Advertising of the Miami Review. a dally A NOTICE OF APPEAL; CONTAIN -
(except Saturday. Sunday and Legal Holidays) newspaper, ING A REPEALER PROVISION
published at Miami in Dade County, Florida,, that the attached AND A SEVERABILITY CLAUSE�
copy of advertisement, being a Legal Advertisement of Notice
In the matter of ORDINANCE No,
Clr,"Y OF MIAMI AN ORDINANCE AMENDING
Re: Notice of Proposed THE ZONING ATLAS OF ORDI-
NANCE NO. 9500, THE ZONING
Ordinance ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION
.OF APPROXIMATELY 4220,4234
_X ... X AND 4244 N.W. 2ND STREET. AND
in the . . ..........
X .................. Court, APPROXIMATELY 4225 N.W. 1ST;
was published In said newspaper, In the issues of ISTREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HERE -
Oct. 10, 1986 ) FROM RG 113 GENERAL RES-1
PARTICULARLY
AND
NDTWO
:FAMILY) TO CR-20 COMMERCZ
,RESIDENTIAL (COMMUNITY) BY,
Afflant further says that the said Miami Review is a IMAKING FINDINGS; AND BY MAK-
newspaper published at Miami In said Dade County, Florida. LING ALL THE NECESSARY
and that the said newspaper has heretofore been continuously
s ICHANGES ON PAGE NO.32F OF i
published in said Dade County. Florida, each day (except SAID ZONING ATLAS MADE A�
Saturday, Sunday and Legal Holidays) and has been entered as PART OF ORDINANCE NO. 9500 second class mail matter at the Post Office In Miami in said I
!BY REFERENCE AND DESCRIP-
Dade County, Florida. for a period of one year next preceding
the first publication of the attached copy of advertisement: and TION IN ARTICLE 3, SECTION 300,
afflant further says that she has neither paid nor promised any
person, firm or corporation any discount, rebate. commission ITHEREOF; CONTAINING A
or refund for the purpose of securing this advertisement for ifREPEALER PROVISION AND Al
publicall n in the said newspaper, 1SEVERABILITY CLAUSE.
ORDINANCE NO.
OS.........
AN ORDINANCE AMENDING
Sworn t24 subr`ibed before me this THE ZONING ATLAS OF ORDI-
1. NANCE NO. 9500, THE ZONING
.3lay A.D. 19.., ORDINANCE OF THE,CITY OF
MIAMI, FLORIDA, BY CHANGING
;THE ZONING CLASSIFICATION
AlfAPPROXIMATELY 3427-3523
Florida at Large S.W.,722ND TERRACE,. MIAMI,
(SEAL)•••tFLORIDA,j (MORE PARTICULARLY
01 DESCRIBED HEREIN) FROM 13G
m 'N Ap t 113 GENERAL RESIDENTIAL ONE
My Co mis
j, 'AND TWO-FAMILY)'TO CR-317
COMM ERCIAL-RESIDENTIAL..(GE-
NERAL) BY MAKING- FIN DINGS;
AND13Y MAKING ALL -THE NEC-
IESSARY CHANGES ON PAGE NO.
42OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NO, 95M
'BY REFERENCE AND,DESCRIP-
TION IN ARTICLE 3, SECTION 30Q,
iTHEREOF; CONTAINING'A
REPE
ALER PROVISION AND A
SEVRRABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING
THF,:,.M1AM1 COMPRE-HEN61VE
VVEST 4ND;
PARTICULA
FROM
MAKING FINPIN95, A'NP,
MR 145 f,.ntjTAitjiNn A..RFPFALER PRO.
C►w � �i� illl>iANfl ��.
All interested persons will take notice that on the 23rd day of
October, 086, the City Commission of Miami, Florida, adopted the
following titled ordinances:
ORDINANCE NO. 10165
AN EMERGENCY ORDINANCE AUTHORIZING THE iSSU.
ANCE Or SPECIAL OBLIGATION BONDS, SERIES 1986A
PROVIDING FOR THE TERMS THEREOF AND CERTAIN MAT•
TERS IN CONNECTION THEREWITH, DECLARING THE
ORDINANCE AN EMERGENCY MEASURE; DISPENSING
WITH THE READING OF THE ORDINANCE ON TWO SEPA-
RATE DAYS; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10166
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLANS BY CHANGING THE DESiGNA-
TIONS FOR THE SUBJECT PROPERTIES FROM MODERATE
TO HiGH DENSITY RESIDENTIAL OEStG•NATION TO
RESIDENTIAL/COMMERCIAL DESIGNATION ON
MIAMI v` w SOUTHWEST 27TH AVENUE FROM APPROXIMATELY 100
IAIY11 V I YY FEET SOUTH OF BIRD ROAD TO TiGERTAIL AVENUE AND
Published Daily except Saturday, Sunday and FROM LOW TO MODERATE RESIDENTIAL DESIGNATION
Legal Holidays TO MODERATE DENSITY RESIDENTIAL DESIGNATION EAST
OF CENTER STREET, FROM APPROXIMATELY 100 FEET
Miami, Dade County, Florida. SOUTH OF BIRD ROAD TO APPROXIMATELY 200 FEET
STATE OF FLORIDA NORTH OF DAY AVENUE, AND WEST OF SOUTHWEST 27TH
COUNTY OF DADS: AVENUE FROM COCOANUT AVENUE TO APPROXIMATELY
100 FEET NORTH OF BIRD AVENUE; AND ON LOTS
Before the undersigned authority personal) a FRONTING THE SOUTH SIDE OF COCOANUT AVENUE FROM
OcteBef a herbeyte, who on oath says o that she appeared
t the VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF
Supeimaor of Legal Advertisingoon of thesays
Miami Review, a daily 27TH AVENUE, FROM LOW DENSITY RESIDENTIAL DESIG-
(except Saturday, Sunday sing Legal Holidays) newspaper, NATION TO MODERATE TO HIGH DENSITY RESIDENTIAL
published at Miami in Dada County, Florida: that the attached DESIGNATION FOR LOTS ON THE NORTH SIDE OF COCOA -
COPY of advertisement, being a Legal Advertisement of Notice NUT AVENUE FROM APPROXIMATELY 150 FEET EAST OF
In the matter of VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF
27TH AVENUE; FURTHER, CHANGING THE DESIGNATION
CITY OF *IIAr)I FOR THAT PROPERTY APPROXIMATELY 100 FEET BY 200
FEET IN SIZE, FRONTING ON THE EAST SIDE OF SOUTH -
ORDINANCE NO. 10173 WEST 26TH AVENUE, BETWEEN SOUTHWEST 27TH LANE
AND SOUTHWEST 28TH STREET FROM A DESIGNATION
OF LOW DENSITY RESIDENTIAL TO A NEW ONE OF
RESIDENTIALICOMMERCIAL; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL
in the , , , , . ITY CLAUSE.
.....,..... .... Court,
was published In said newspaper in the issues of ORDINANCE NO. 10167
Oct. 30, 1986 AN ORDINANCE ADOPTING THE MiAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDUM, DATED SEPTEM-
BER, 1985, WHICH REPLACES 'MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976.1986; PROVIDING PURPOSE;
Alllant further says that the said Miami Review is a INCORPORATING. THE OFFICIAL GUIDE; PROVIDING FOR
newspaper published at Miami in said Dade County, Florida, A TRANSITIONAL PERIOD: AND CONTAINING A REPEALER
and that the said newspaper has heretofore been continuously PROVISION AND A SEVERABILITY CLAUSE.
Published in said Dads 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 ORDINANCE NO. 10168
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement: and AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
affiant further says that she has neither paid not promised any NEIGHBORHOOD PLAN 1976.1986 FOR PROPERTY
Person, firm or corporation an d nt, rebate, commission LOCATED AT APPROXIMATELY 3427.3523 SOUTHWEST 22ND
or re nd for the purpose unn his advertisement for pu atlon in the said no or. TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY
f CHANGING THE DESIGNATION OF THE SUBJECT PROP•,
ERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO'
RESTRICTED COMMERCIAL; MAKING FINDINGS; AND_
���\ p . ' • ' CONTAINING A REPEALER PROVISION AND A SEVERABIL-..
• Sworn to ana,subsd.'bed be ore me this iTY CLAUSE.
30th • Q_py of:-,.. � o � ORDINANCE N0.
A.10169
eTA.r- .1- p. g
AN ORDINANCE AMENDING THE ZONING ATLAS OF'ORDi•
(? - A p ict NANCE NO; 9500, THE ZONING ORDINANCE OF THE CITY "
Nolan "Public, alp of Florida at Large OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI
(SEAL) if�.q • , • , • {3 ` FICATION OF APPROXIMATELY 3427.3523 S.W. 22ND TER -
My Commissiorl+grF�� ke6 p, �2RACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
P; ug 1r:t�BB• HEREIN) FROM RG 113 GENERAL RESIDENTIAL (ONE AND
i t r t s TWO-FAMILY) TO CR-W7 COMMERCIAL RESIDENTIAL (GEN.
ERAL) BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO.42 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO, 9500 BY REFER-
ENCE AND DESCRIPTION IN ARTICLE 3, SECTiON:300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE,
ORDINANCE NO.10170
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976.1986,FOR PROPERTY..
LOCATED AT APPROXIMATELY 3591 SOUTHWEST 22ND
TERRACE (MORE PARTICULARLY DESCRIBED .HEREIN) BY
CHANGING THE DESIGNATION OF THE 6UI3JECT PROP-
ERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDaMGS; AND,.
CONTAINING A REPEALER PROVISION AND A SEVERABIL
ITY CLAUSE.
ORDINANCE NO, 10171
AN ORDINANCE AMENDING THE ZONING ATLAS 9F ORDI-
NAf>!CE NO. 9500, THE ZONING ORDINANCE OF THE:CiTY
OF MIAMI, FI.,9RIDA,, BY CHANGING THE ZONING CLA$81
FiCAT.IQN OF APPROXIMATELY 1.591 $0. 22N0 TERRACE,
M6 1614 iN) FR'OM SO-1 3, GMN FRAI- RSVDENTIA�L (ONF'$AND TEWp<
FAMILY) TO CR•317 COMMERCIALRESIDENTiAL (GENERAL)
BY MAKING FINDINGS; AND BY MAKING ALL THE NECES-
SARY CHANGES ON PAGE NO; 42 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO, 9500 BY REFERENCE
— AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
- - CONTAINING A REPEALER PROVISION AND A SEVI=RABI
OMNAfttiW
AN ORDINANCE AMENDING
THE ZONING ATLAS OF"ORbl.
NANCE'NO. 9500; THE ZONING{
ORDINANCE OF.THE CITY OF
MIAMI, FLORIDA BY CHANGING
THE ZONINO- CLASSIFICATION
OF APPROXIMATELY t54B-1636
BRICKELL AVENUE, MIAMI, FLOR•
IOA,,(MORE PARTICULARLY
DESCRIBED HEREIN) FROM R02'
113 3 GENERAL RESIDENTIAL TO
RG-2115,0ENERAL RESIDENTIAL
MAINTAINING THE SP1.4 BRIC-
KELL AREA MAJOR STREETS
OVERLAY DISTRICT, BY MAKING
FINDINGS; AND BY MAKING, ALL
THE NECESSARY CHANGES ON
PAGE NO._37 OF SAID ZONING
ATLAS MADE A PART OF.'ORDI.
NANCE NO.'95M BY RE�EI�ENCE.
AND DESCRIPTION IN ARTICLE
3,.SECTION 300, THEREOF;
CONTAINING A REPEALER PRO-
VISION "AND Ar SEVERAWLITY
CLAUSE.
ORDINANCE NO.
i AN ORDINANCE AMENDING
THE MIAMI L COMPREHENSIVE
NEIGHBORHOOD PLAN 1976.191%
FOR;PROPERTY LOCATED AT
.APPROXIMATELY 3427-M23 SOUT-
HWEST'22NDJERRACE. (MORE
PARTICULARLY., DESCRIBED
HEREIN)'BY CHANGING,THE DES-
IGNATION OF-THE;'SUSJECT
PROPERTY FROM LOWMODE-`
RATE DENSITY RESIDENTIAL To
RESTRICTEDCOMMERCIAL;
MAKING; FINDINGS;'AND,
CONTAINING A.REPEALER.PRO-
VISION�AND A SEVERABILITY;
CLAUSE. " '
ORDINANCE NO:'
AN.ORDINANCE AMENDING
THE` CONING" ATLAS OF ORDI-
NANCE;,N0;9500;'THE ZONING
ORDINANCE OF::THE CITY OF
THE ZONING ,CLASSIFICATION
OF;'APPROXIMATELY 3000.3998
WEST FLAGLER STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN)' FROM
ROi218 GENERAV RESIDENTIAL.
AND R S="212 .` ON E FA M I LY,
DETACHED' RESIDENTIAL, TO
CR-2.l7 COMMERCIAL -RESIDENT
AT6A&`"MADE I: PART OF ORDI-
NANCENO,9500 BYREFERENCE
AND MSCRIPTION,.IN ARTICLE"
3,'SECTI4N'460f' THEREOF;
CONTAINING'A WPEALER PRO-
VISION 'AND A; 0FVf-RAEIl_ITY
ORDINANCE NO,
AN ORDINANCE AMENDING
THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND
ADDENDA (SEPTEMBER i9B5)
FOR PROPERTY LOCATED Al
APPROXIMATELY 3591 SOUTH.
WEST 22ND TERRACE MORE i
PARTICULARLY DESCRI.IBED
HEREIN) BY CHANGING THE DES-
IONAT10N OF� THE SUhitCT
ING FINDINGS; AND, CONTAIN
ING A REPEALER PROVISION j
AND A SEVEAABILITY CLAUSE.
ORDINANCE NO.,.
AN ORDINANCE AMENDING'
THE ZONING ATLAS OF ORDI-
NANCE NO, 9500, THE ZONING
ORDINANCE` OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION
OF APPROXIMATELY'3591 S.W.
22ND TERRACE, MIAMI, FLORIDA,
(MORE PARTICULARLY; DES.�
CRIBED'HEREIN) "FRW,RG•113
GENERAL RESIDENTIAL (ONE,
AND .TWO-FAMILYj`•-TO;�iOR-317
COMMERCIALRESIbENT1ALt,;(GE•''I
NERAL) BY MAKING FINDINGS;!
AND BY MAKING ALL THE NEC-
ESSARY CHANGES ON PAGE NO.
42 OF SAID ZONING ATLAS MADE
A PART'OF ORDINANCE NO.9500
BY REFERENCE' AND DESCRIP-
TION IN ARTICLE 3 SECTION 300,
THEREOFt:;GONTAINING: A