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HomeMy WebLinkAboutR-84-01044 4 J-84-5 1/5/84 RESOLUTION NO. 81101— `U4 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A CONDITIONAL USN AS LISTED IN ORDINANCE NO. 6871, ARTICLE V SECTION 1(6)(e) TO PERMIT THE EXPANSION OF THE EXISTING CEMETERY (FLAGLER MEMORIAL PARK) AT 5301 WEST FLAGLER STREET TO INCLUDE APPROXIMATELY 245-299 NORTHWEST 55TH COURT, ALSO DESCRIBED AS LOTS 1 THROUGH 5 INCLUSIVE, BLOCK 2, FLAGLER MANOR (12-28), AS PER PLANS ON FILE, SUBJECT TO: HERITAGE CONSERVATION BOARD REVIEW AND APPROVAL, AND THE CONDITIONS IMPOSED BY HERITAGE CONSERVATION BOARD RY RESOLUTION HC 83-18 ON APRIL 26, 1983; THE: RECOMMENDATIONS OF THE TRAFFIC STUDY AS PRESENTED AT HEARING; THE COVENANT PRESENTED AT THE HEARING THAT NO CONSTRUCTION SHALL OCCUR ABOVE GROUND; AND LANDSCAPE APPROVAL BY THE PLANNING DEPARTMENT; ZONED R-2 (TWO FAMILY DWELLING). WHEREAS, Article XXXII of the Comprehensive Zoning Ordinance No. 6871, permits the City Manager, with approval of the City Commission, to grant an extension of a conditional use approval for a period of one year; and WHEREAS, the City Manager recommends such an extension of the conditional use approval granted by Zoning Board Resolution No. 7.B-185-83, dated December 5, 1983. NOW, THEREFORE, BE IT RESOLVED BY TP E COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a one year extension of a conditional use approval granted by Zoning Board Resolution No. ZB-185-83, pursuant to Ordinance No. 6871, Article V, Section 1(6)(e) to permit the expansion of the existing cemetery (Flagler Memorial Park) at 5301 West Flagler Street to include approximately 245-299 Northwest 55th Court, also described as Lots 1 through 5 inclusive, Rlock 2, Flagler Manor (12-28), as per plans on file, subject to: Heritage Conservation Board Review and approval, and the conditions imposed by Heritage Conservation Board by Resolution HC 83-18 on April 26, 1983; the recommendations of the traffic study as presented at hearing; the CITY COMMISSION MEET111': �, OF J A N 26 1984 r ;sa.Uliu., 84-104 kErar,RxS. covenant presented at the hearing that no construction shall occur above ground; and landscape approval by the Planninq Department; zoned R-2 (Two Family Dwellinq) is qranted. PASSED AND ADOPTFD this 26th day of January t 1983. _ Itaurice A Ferre MAURICF A. FFRRF, Mavor ATTEST: RALV G. ONGJE City Clerk G/ PREPARED AND APPROVED BY: I �V %�\ , � AW �,�% 1� G. MIRIAM MAER Assistant City Attorney APPROVED AS TO FORA AND CORRECTNESS: AAiS-EGARCIA-PEDROSA ty Attorney GMM/wpc/184 -2- 84t*" 104 0 14 :l I OF `.1W.11, FLORIDA INT ,?-OFFICE MEMQRANt7U`A Howard V. Gar December 27, 1983 `1L` City Manager RESOLUTION - EXTENSION OF TIME CONDITIONAL USE APPROX 245-299 NW 55 COURT i e -Lug nes Director COMMISSION AGENDA - JANUARY 26, 1984 Planning and Zoning Boards L� ,., PLANNING AND ZONING ITEMS Administration Department It is recommended that a request for an Extension of Time for the Conditional Use grante by the Zoning Board for the property located at approximately 245-299 NW 55 Court a approved. The Zoning Board, at its meeting of October 17, 1983, Item 1, following an advertised hearing, adopted Resolution ZB 154-83 by a 5 to 0 vote, one abstention,,granting the Conditional Use request to permit the expansion of the existing cemetery (Flagler Memorial Park) at 5301 West Flagler Street to include approximately 245-299 NW 55 Court, also described as Lots 1 through 5 inclusive, Block 2, FLAGLER MANOR (12-28), as per plan on file, subject to: Heritage Conservation Board review and approval, and the conditions imposed by Heritage Conservation Board by Resolution HC 83-18 on April 26, 1983; the recommendations of the traffic study as presented at the hearing; the covenant presented at the hearing that no building above ground shall occur; and landscape approval by the Planning Department; zoned R-2 (Two Family Dwelling). Planning Department has no objection to the granting of the extension for this Conditional Use. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommendation: APPROVAL of original request 84-I.04 -..•y.v' � . !�' • :�,: - .n:.i{.`.�."�%�';%!�^.�r.�.'��y:�,:1.'.,is�;.':.;�i.t;!��ti:S•'�'{��.•-�?:��'4�:e'E'WF41'4'11�•;.�:r�h: - _.•:►x�i.. �..�..»_.• a:,r.... .. .• . �- �;�4/`.�•'.�-:c=?:'•IRii'r:�1:t��.^:�+.ssi�i�ir1?hA'�4�.-'1i�i�.f.�-'V{Sr�.r,'f •.'l2�YYw"1.tWli►:itdY+k'i..�w...a.�w.:"-P',".::pv�c.!n .....<... ..�� C ZONING FACT SHEET LOCATION/LEGAL Approximately 245-299 NW 55th Court Lots 1-5 inclusive Block 2 FLAGLER MANOR (12-28) and 5301 West Flagler Street Complete Legal description on file in the Planning and Zoning Boards Administration Department (A/K/A "FLAGLER MEMORIAL PARK") OWNER/APPLICANT Memorials, Inc. (Parcel A) c/o Thomas B. Levinson, President 7020 NW 72nd Avenue Miami, Florida 33152 Phone # 885-6231 Ethel Jane McDonnell and (Parcel'B) Carolyn Jane Brown 279 14W 55 Court Miami, Florida 33126 Phone # 264-2020 Memorials, Inc. (Contract for Purchase of Parcel B) Gary M. Held (Attorney for Applicant) 1401 Brickell Avenue Miami, Florida Phone # 579-0583 ZONING R-2 (Two Family Dwelling). REQUEST Conditional Use to permit the expansion of the ,existing cemetery-(Flagler Memorial Park) at 5301 West Flagler Street to include the above site, as per plan on file and subject to Heritage Conservation Board review and approval. This request in conjunction with variance for mausoleums. and Variance to permit two-story additions to two existing one-story mausoleums for a total height of 45.5' (35' permitted) and donstruction of a new three-story (45.51) mausoleum (35' permitted) on above site, as per plans on file. This petition in conjunction with a Conditional Use request for expansion of the cemetery. RECOMMENDATIONS 84-PI04 ..i.•�o w••:�.'•-.Y ':/`.:�7•'.••.�•Iki:iK�i7+'•i1�:ii..I: i41�r'�MJ ��iJi�M•'�i �t.�n•..• .. •^.:-S i..,�� ~I .-�t:••��i ••n.•9 •. •Rli :•:�'�'.;.•7i+:ld .... � ,.. .. o.'S� _ .;.i. �w n•. �'�::�^i'^S!l,�w:•'aT,•�'�"�'-7.:V.i{Mid"%'ff4•.�.::r�r•,.>>�.+^•:«y.ry�r ir,�j �,�,..F�C,�ii'w��{:w•,!!•�: PLANNING DEPT APPROVAL OF CONDITIONAL USE, DENIAL OF VARIANCE. There is no hardship of justify variance, cemetery is surrounded by low density housing, the height of which is limited to 35 feet, The erection of more stories would be totally out of character with the neighborhood. PUBLIC WORKS No dedication is requested. HERITAGE CONSERVATION BOARDS Approved the application for tree removal and relocation on April 26, 1983, by a vote of 7-0,'Res. HC-83-18 (Subject to Zoning Board approval of the Conditional Use). ZONING BOARD Deferred Conditional Use application from the meetiirrg of May 16, 1983 for applicant to meet with neighbors and Variance Application was deferred by Administration due to wrong noticing. At its meeting of October 17, 1983, the Zoning Board adopted Resolution ZB 154-83 by a 5 to 0 vote, granting the above with conditions. — - •;;r 84-104 1 .fora;.-•......�••r�-• ,.-.•.� v's• ,..�-.aM:.UW.r _ -, .. 'r-'-. .. .. r .�•w�•.ta::..a+R+t-... --v.: •..•r •. . • t+l :.•t .r•4. ,..a,, .. ..�..,, `: c'-_ � ..r'.... :w-. r.: ��f•�:./�.<�_j=J'•:n�•:' . IIfEICShi4�'- :l�*1•ri�•tewfA:::01+ _,,;,q.•,,.f..r;.•a..•�.-r :••.�.••• .,�� ,. _! } . (82-141 W. 6 ST a 1. Tescr a"► 1 �• ► #11st l0 11 Is I• I+'; C _•,�• .RIe MT•Nt41) Ckm I III' lati) + 1 2tL2 AOOIN, (J• r� ° t� s• �► :• n to �, s sl N . 5 .,. / •• •.. G \-" o !r • tl� • r.l It tl to 4111, L• a i. a , t . 1 I}1 ADD. Q III - 4,4) N. W , ' � Z • � '� I10 — d4►••• • t �• cr r• tt r• r,f •o • f 11t •1 �S Z I N` N i N 12e Ito its 11• %' e `` 1� 1! I• 11 to 1 to tl L 2! 2• is 11 t IF 6 g O V NW is Is It •• 9 = In Its fit in s 3PIC T lid in 0014 f • 2 e / _ // Sec. 7 Sec. 6 (43.75) ' s NO... s • N . W n; i N r • ! `lam ! • .«� Sec. SjtE --D w V „ 1• e • (97.9): Sec.11 Sec• 10 CO.:iN-.� (50'41) 6-IT) �(44 5 -t to 13 : A N.W. �• �„ • e L 11 10 to e • ! A) '� ., • N 1 ♦. !f .441: . -,A O' •. N. 2 S T. 1 • vrlre �.'p 'P�� i See11.2,3 ~T� a TN '1.•f j; // �•;• ••1�• $T. MA S O?•J �O �j��' O �1 ii•.L i.. {f 1 +• 1p Ilk.� t I (S7.91) ; 1= Sec. 4 f• at f ti pyp90 °y ��s (44.47) .W. 1 •,j Z so 3 3 GAROEN 0 °v o o�y 9�� , ; gip,: • ;,i•K'Y"""�*'t. THE GOOD •�++ " �� i� �y ��• �>•' °� 1 ,, i cc ' ► u r r SHEPHER-4 0 e Z ^ e iti .^ Z • .. e A 57 8) N�oi OJ ids ` j. a,a _ . GARDEN OF THE LITTLE ' ?�'�• �� 1f 1 1 �` • l r J 10 �'r- w'�4 FLOWER (82 •30) �s .., >•'r �t w t S T s---,= I • ) 1 1• • t �� W W I OMAR 10 1 8 ! ! 7 St0 it �♦ �! le It le 'ie Q It is 1! ?a / ��• , i�•' Is i Nso • W li• 1 ,�• 20 W. _[--i 1 1- ,. —� •.1.. � ,. ., _ 1.., , • 1 � / a So I:.: � a �. T � 1 Ian- � •. " ��' r4• w e N 1• :e of 1 7 all 1! F-41 v-e - _,rl 1 ti se r : • e - 4 s.... �...� za - 38-1901 2 ST , MAY �,4 j ;. .• r, �. la 1�, .,t �!��T* i7rP ►, I: T 1 - i C�f4'1!w..7::V:r�+��.;.u,,_TI••,h. F.��r,�:i^ .L,*r+., Cf•... '•t4:,��±'-w.+J.R'-TY+►,..+..+n...1..•1vk;irei�07=,+r,.,N�JbrViV.F.ns>•.f,. ,.ti_r,.:. :.rr.�.n S�Mr.w ;v.....�......rn..►-....a CITY OF MIA?! LAW OFFICES GREENBERG.TRAURIG, ASKEW, HOFFMAN, LIPOFF & OUENTEL, P. A. '83 W,12 P4.55 LINDA KOOSRICK ADLER 8RIAN K. GOODKIND ANTHONY J. O DONNELL, JR. MICHAEL 0. ALSERTINE MATTHEW B. GORSON ROGER D. OSBURN CESAR L ALVAREZ MELVIN N. GREENBERG BYRON G. PETERSEN RUDOLPH F. ARAGON MARILYN D, GREENBLATT VICTOR H. POLK, JR. AMBLER H. MOSS, JR. REUSIN O.O. ASKEW ROBERT L. GROSSMAN ALBERT O. OUENTEL JAM ES L. BACCHUS GARY M. HELD RONALD S. RAVIKOFF ZACHARY H. WOLFF HILARIE BASS LARRY J. HOFFMAN FLORENCE T. ROBBINS OF COUNSLL NORMAN J. SENFORD BARRY 0. HUNTER NICHOLAS ROCKWELL MARK O. BLOOM ARNOLD M. JAFFEE DAVID L. ROSS BRICK ELL CONCOURS BURT BRUTON SETH P. JOSEPH ROBERT M. RUBENSTEIN ROBERT K. BURLINGTON MARTIN KALB CLIFFORD A. SCHULMAN 1401 BRICKELL AVENUE ALBERT G. CARUANA TIMOTHY E. KISH MARK SCHWIMMER MIAM1, FLORIDA 33131 ALAN R. CHASE STEVEN J KRAVITZ MARTIN B. SHAPIRO SUE M. COSS STEVEN A. LANOY EUGENE SHY, JR. KENDALL S. COFFEY STEVEN B. LAPIDUS MARLENE K. SILVERMAN TELEPHONES MARK B, DAVIS ALAN S. LEDERMAN TIMOTHY A. SMITH MIAMI (30S) 579-0500 ALAN T. DIMOND WALLACE L. LEWIS, JR. DARLENE STOSIK BROWARD (305) 523-8111 CHARLES W EDGAR, Iff NORMAN H. LIPOFF HERBERT M. SUSKIN GARY M. EPSTEIN GARY D. LIPSON LILLIANA TORREH-BAYOUTH TELEX 80-3124 THOMAS K. EOUELS CARLOS E. LOUMIET ROBERT H. TRAURIG • •TELECOPY1305) 579-0718 RICHARO G. GARRETT JUAN P. LOUMIET YOLANDA 1. VILLAMIL WRITER'S DIRECT NO% LAWRENCE GODOFSKY DEBBIE RUTH MALINSKY STANLEY H. WAKSHLAG ALAN S. GOLD GREGORY A. MARTIN JONATHAN H. WARNER HARVEY A. GOLDMAN PEDRO A. MARTIN DAVID M. WELLS STEVEN E. GOLDMAN ALAN M. MITCHEL JULIE A. S. WILLIAMSON STEVEN M. GOLDSMITH LOUIS NOSTRO JERROLD A. WISH Via Courier Mr. Howard Gary City Manager c/o Aurelio Perez-Lugones Planning & Zoning Boards Administration Department 275 N. W. Second Street Miami, Florida 33133 Re: Resolution ZB-154-83 Dear Mr. Gary and Mr. Lugones: December 12, 1983 I hereby request that an extension of the approval for one year be granted for the conditional use expansion of Flagler Memorial Park, onto Lots 1 through 5, inclusive, Block 2, Flagler Manor (12-28) . The Zoning Board granted this conditional use approval on October 17, 1983. Immediately upon approval, the applicant has authorized his consulting architects and engineers to proceed with their plans for construction. Included in the approval was a commitment to relocate the entrance of Flagler Memorial Park cemetery, for which State Department of Transportation permits are now being pursued. The applicant would like to coordinate the work on site so that work crews do not have to have repetitive start-ups, but in- stead, all work can be accomplished simultaneously. They would like to await permit approval therefore, before beginning cemetery expansion. S4-04 :o: .•�' .. �.• .. .. •.r..>.. :W;:4•=s,.•.Var,;r. �.r.a1.t ...�:Jr•r+r'. -. .. _.'... n��•.. .,•.. .� .. .. ... a- teas.-.♦Y•ih� .'r. .. byyaR..�q....aw. � .•-M••ar �\:v '. ..•Ti :•aY Y, ^). 'IT .. i1 •. . .. _ ...J �..5'� .vT.jjr w—.l'i:::"_�. Further, Flagler Memorial Park had a contract to purchase most of the property to be expanded upon. The closing on this property had been scheduled shortly, but because of certain title questions, has been briefly delayed. In light of the above, as well as the extremely brief three- month period given in which to pull a building permit, we would request an extension of such period so that we can better plan and coordinate the matters necessary to implement this cemetery expan- sion. We appreciate your attention to this request and urge your approval thereof. Thank you. GMH/bwp cc: Mr. Tom Levinson 0 GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, OUENTEL 6 WOLFF, P.A. 84-104 `:'�'• •[�• . a•%.i!..' . '.`'.,li l;L':�• : "r �'t�•-•Z'�', �iey7M:�o1.4:.tV� .r��t. ru?�'v-.a•.., v..� �ri.:,�.� U�:.�.�.-.s'a'.. aver -.a. -.d. ..... , •.r .. - . P►,f Z.•::'•W.S`•:N�'. .:rud147i�tvWN:�:aL' 4ti .4.r.++.+-+• ....a,c%:..-o....�s,.-s ..�.^,....« �......a.�. �;.v.•5•.. •.?J: .v., �Y.+, � , ... ,.. .. :ITY OF MIAti1E. FLO.210A li TZER-UFFICc MEMORANDUM o Howard V. Gary December 27, 1983 =ILE City Manager ;ua,E..Agenda Item City Commission Meeting of January 26, 1984 � Rp'd , ���%/L 6yI' �/��' /////• ... .. �.rZ...- '.EFERF.NCES � S rgio Rodriguez, Dired'tor Time Extension. Planning Department Flagler Memorial Park `1Cly This Department has no objection to the time extension of one year, as requested, for conditional use for the expansion of Flagler Memorial Park, onto lots 1 through 5 inclusive, Block 2, FLAGLER MANOR (12-28). SR/JWM/vb 84- IL04 ... C=) L383Ow24 FN3:s2 33►2J9374 �- t� 11946 PG 159 DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the owners of the following described property, lying, being and situated in Dade County, Florida, to -wit: Lots 1, 2, 3, 4 and 5, Block 2, FLAGLER MANOR, according to the Plat thereof, as recorded in Plat Book 12, Page 28 of the Public Records of Dade County, Florida. in order to assure the Zoning Board and City Commission of the City of Miami, Florida, that the representations made to them by the owners will be abided by, voluntarily make the following Declaration of Restrictions covering and running with the above - described real property: 1. That the use of such property shall be limited to at grade burial sites only, and no mausoleums will be permitted on this property. It is understood and agreed by the undersigned that any official inspector of the City of Miarn: Building Department or any agents duly authorized by the Directc•, of that Department may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the building and zoning regu- lations and the conditions herein -agreed to are being fulfilled. These restrictions during their lifetime shall be a restric- tion and limitation upon, all present and future owners of the above described real property and for the public welfare, and shall be .enforceable by property owners within 375 feet of the subject property. This Agreement shall constitute a covenant running with the land and shall be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, its successors and assigns until such time as the same is modified or released. These covenants shall continue for a period of 30 years from the date of recordation, after which time they shall be extended automatically 'ior successive periods of ten years, unless an instrument signed by a majority of the then owner (s) of the real property has been recorded which changes or releases the cove- nants in whole, or in part, provided that the covenants have first been released or the changes approved by the City of Miami Commission. This Declaration of Restrictive Covenants may be modified, amended or released as to the land herein described, or any por- tion thereof, by a written instrument executed by the current owners of the fee simple title to the lands to be affected by such modification, amendment or release, provided that the same has first been approved by the City Commission or the Zoning Board of Miami, Florida, (whichever by law has jurisdiction over such matters) after public hearing. This document, however, can never be modified to allow the construction of mausoleums on the above described property. Should this Declaration of Restrictive Covenants be so modi- fied, amended or released, the Director of the City of Miami Building & Zoning Department, or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 84-104 LAW OFFICES GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF 6 OUENTEL, P. A. 13RICKELL CONCOURS, 1401 BRICKELL AVENUE, MIAMI, FLORIDA 33131 • TELEPHONE (30SI 579.0500 r 14 f+c r 11946 PG I �� Pr.I. Enforcement shall be by action at taw or in equity against any parties or persons violating, or attempting to violate, any covenants, either to restrain violation or to recover damages. The prevailing party shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. Invalidation of any one of these covenants, by judgment or Court, in no wise shall affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the owners have caused these presents to be executed and signed in their names by their proper officers, and their corporate seals to be affixed hereto and attested to by their Secretaries the day and year first above set forth. 1/1 MEMORIALS, INC. ,President ATTEST: Secretar•y.•k%,•o [CORPORATE SEAL; a o CAROLYN J ,t E BROWN /"Lan c a_,; ' ETHELJANE MCDONNELL �✓J _STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) _ I HEREBY CERTIFY that on this 1 day of �GZoGt.� , 1983, before me personally appeared TiOMA.5 =.. "i so,., and JSAnt),Q,4 L,ev,,Jsa,J , President and Secretary, respectively, of MEMORIALS, INC., a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and pu'rW111"",,- poses therein mentioned, and that they affixed thereto-'`%lbb�S. �'' •. official seal of said corporation, and that the said instr34dnt '••.;�:s is the act and deed of said corporation. •:' :� = WITNESS my hand and official seal the., day and yeti _-?ast aforesaid.a_,;6a_ ' QJ ^� NOTARY My Commission Expires: S ate of Florida at Large NOTARY PLIt !C STATE G� MY CC!•.MISC10:4 CxPK5 JUIdE 2d :51 gclo o 43U GEN.cP.AL J;ASufuli:cf. UIJD 2 •- LAW OFFICES GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF 6 OUENTEL, P. A. BRICKELL CONCOURS, 1401 BRICKELL AVENUE, MIAMI, FLORIDA 33131 • TELEPHONE t30EI 579-0500 84swiO4 11946rG 161 STATE OF FLORIDA ) SS-. COUNTY OF DADE ) I HEREBY CERTIFY that on this day of e':c l r-Lor- , 1983, before me personally appeared CAROLYN JANE BROWN, to me known to be the person who signed the foregoing instrument and who acknowledged the execution thereof to be her free act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seat the day and year last aforesaid. .i NOTARY PUBLIC:. 1% State of Florida at Large f My Commission Expires�OTARY PUBLIC STATE OF FLURIDA My COMMISSION EXPIRES FEB r6 1987 BONDED THRU GENERAL INSURANCE UFJD �Y STATE OF FLORIDA ) SS: COUNTY OF DADE ) I HEREBY CERTIFY that on this 1312- day of 0c+uv er , 1983, before me personally appeared ETHEL JANE McDONNELL, to me known to be the person who signed the foregoing instrument and who acknowledged the execution thereof to be her free act and deed for the uses and purposes therein mentioned. WITNESS my hand and official sealLe day and year last aforesaid. NOTARY PUBLIC My Commission EXpiiC&$ARY PUBLIC STATE OF FLORI§Atate of Florida at .Large MY COMMISSION EXPIRES FEB 16 1987 `; BONDED THRU GENERAL INSURANCE LINO S U APPROVED AS TO FORM y~ ,' "' r • �� AND CORRECTNESS: ew City Attorney Prepared by:' Gary M. Held, Esq. GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF & QUENTEL, P.A. 1401 Brickell Avenue Miami, Florida 33131 r .Eweoeo 1� Mweltl ptookol �>d i V VCot �{?�ICµ. 1E00MG YEKIIIEO Garth cl CUIT C,'"[ � i•• - 3 - LAW OFFICES GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF 6 OUENTEL, P. A. BRICKELL CONCOURS, 1401 BRICKELL AVENUE, MIAMI, FLORIDA 33131 • TELEPHONE 130V S79-OSOO 84-1.04 I:.ice. , ,,:Na, .'1'�ii'i.N'-.V,•:Y".itri V�ri'�a�. �'l ,?"!4C�wr✓... .a'r:f t4.,��y�.......�... �•r.�...�..):.`�.es.a�t:+ro.vllM..�,,.�Y�t•+W...,,reH. ......., •�., ...e.:7ryy�'.^)..:� .� .� LAW OFFICES GREENBERG. TRAURIG. ASKEW, HOFFMAN, LIPOFF, QUENTEL & WOLFF, P. A. PAUL H. ABRAMSON STEVEN M. GOLDSMITH ROGER D. OSBURN LINDA KOOBRICK ADLER BRIAN K. GOOOKINO BYRUN G. PETERSEN MICHAEL O. ALBERTINE MATTHEW B. GORSON VICTOR H. POLK, JR. CESAR L. ALVAREZ MELVIN N. GREENBERG ALBERT D. OUENTEL RUDOLPH F. ARAGON MARILYN 0. GREENBLATT RONALD B. RAVIKOFF REUBIN O'D. ASKEW ROBERT L. GROSSMAN FLORENCE T. ROBBINS JAMES L BACCHUS GARY M. HELD DAVID L. ROSS HILARIE BASS LARRY J. HOFFMAN ROBERT M. RUBENSTEIN NORMAN J. BENFORD BARRY D. HUNTER CLIFFORD A. SCHULMAN THOMAS R. BLAKE ARNOLD M. JAFFEE MARK SCHWIMMER MARK D. BLOOM SETH P. JOSEPH MARTIN B. SHAPIRO BURT BRUTON MARTIN KALB ROBERT L. SHAPIRO ROBERT K. BURLINGTON TIMOTHY E. KISH EUGENE SHY, JR. ALBERT G. CARUANA STEVEN J. KRAVITZ MARLENE K. SILVERMAN ALAN R. CHASE STEVEN A. LANDY TIMOTHY A. SMITH SUE M. COBB STEVEN S. LAPIDUS LAURA P. STEPHENSON KENDALL B. COFFEY ALAN S. LEDERMAN DARLENE STOSIK MARK B. DAVIS WALLACE L. LEWIS, JR. HERBERT M. SUSKIN ALAN T. DIMOND NORMAN H. LIPOFF LILLIANA TORREH-BAYOUTH CHARLES W. EDGAR, III GARY D. LIPSON ROBERT H. TRAURIG GARY M. EPSTEIN CARLOS E. LOUMIET STANLEY H. WAKSHLAG THOMAS K. EOUELS JUAN P. LOUMIET JONATHAN H. WARNER RICHARD G. GARRETT GREGORY A. MARTIN DAVID M. WELLS LAWRENCE GOOOFSKY PEDRO A. MARTIN JULIE A. S. WILLIAMSON ALAN S. GOLD ALAN M. MITCHEL JERROLD A. WISH HARVEY A. GOLDMAN LOUIS NOSTRO ZACHARY H. WOLFF STEVEN E. GOLDMAN ANTHONY J. O'DONNELL, JR. March 23, 1983 City of Miami Planning and Zoning Boards Administration Department 275 N.W. 2nd Street Miami, Florida 33128 AMBLER H. MOSS, JR. OF COUNSEL BRICKELL CONCOURS 1401 BRICKELL AVENUE MIAM1, FLORIDA 33131 TELEPHONES MIAMI (305) 579-0500 BROWARD (305) S23-8111 TELEX 9 0-3124 TELECOPY (305) 579-0718 WRITER'S DIRECT NO.: Re: Memorials, Inc. Application for Conditional Use and Height Variance This letter of intent accompanies the Zoninq applica- tion of Memorials, Inc., involving its property known as Flagler Memorial Park, located at 5301 West Flagler Street. The appli- cant requests approval of a conditional use (with zero foot set- backs) to permit cemetery expansion onto the five lots contiguous to the existing cemetery use, which lots are located on a parcel immediately adjacent to the northwest corner of the cemetery; and approval of a height variance to permit the addition of a third level to existing and proposed mausoleums on the western portion of the site. 1. Conditional Use for Cemetery Expansion Flagler Memorial Park is an enclave which is bounded by the following four streets: It On the north: N.W. 3rd Street On the west: N.W. 55th Court On the south: West Flagler Street On the east: N.W. 53rd Avenue The only remaining property within the area bounded by those streets which is not currently a part of the cemetery, and onto which the cemetery can expand, is Lots 1 through 5, located immediately adjacent to the northwest corner of the cemetery. These lots are contiguous to and abut the existing cemetery, and Planning & Zoning Boards Administration Department March 23, 1983 Page 2 cemetery expansion onto these lots would complete the horizontal expansion possible within the borders of the streets described above. The applicant requests, therefore, that a conditional use be approved to permit cemetery expansion onto Lots 1 through 5, Block 2, Flagler Manor, Plat Book 12, Page 18, with a proposed zero (0) foot setback for burial sites, which setback. -.is consis- tent with the existing line of burial sites in cemetery property immediately adjacent to those lots. This proposed expansion is in harmony with the general intent and purpose of the zoning ordinance, as the use is speci- fically provided for in the Code. The purpose of the conditional use provision is to direct the uses conditionally allowed into those areas within the zoning district where they are most com- patible and appropriate, considering adjacent uses. This is clearly such a location. Allowing cemetery expansion onto these five lots will not be injurious to the neighborhood or to nearbv properties, and is not detrimental in any way to the public wel- fare. Instead, this proposed expansion is compatible with the neighborhood by isolating the cemetery uses and•proDerly buffer- ing them from existing residential uses, rather than having home- owners reside immediately adjacent to the cemeterv, separated only by a wall. The cemetery use at this location will be com- pletely integrated into the cemetery's existing operations, in- cluding vehicle and pedestrian access, maintenance and security, and will be properly buffered from the residential community to the west. The proposed expansion will not encroach into the sur- rounding residential development and will not generate disruptive traffic flows. The expansion is aesthetically compatible with the area because, in addition to Flagler Memorial Park, the Mount Nebo Cemetery is located directly to the north, across N.W. 3rd Street. Furthermore, traffic flow will be channelled through existing cemetery access points, so that the expansion will actu- ally remove traffic from the roadway adjacent to the lots sought to be added to the existing cemetery. The expansion is not only compatible with the neighborhood, but improves and fulfills the rational development of this property, with due consideration for existing adjacent uses. 2. Height Variance for Third Level Addition to Mausoleums As explained above, after the cemetery expands into the property immediately adjacent to the northwest corner of the GREEN6ERG,TRAURIG, ASKEW, HOFFMAN, LiporF, OUENTEL 5 WOLFF, P.A. 84-PI04 k '�:� :�. :�: .�•' :�Y.'+ a. ... .'pf.1.;r�.�.:Y. .r •'+fi:`E h.. �..�.. .. . .w...'e.'gy :.r.l. .w..hd •<-it1•.. . :`.�<:[:^1•✓1.v. :i:.••:a+.Ln� Planning & zoning Boards Administration Department March 23, 1983 Page 2 cemetery expansion onto these lots would complete the horizontal expansion possible within the borders of the streets described above. The applicant requests, therefore, that a conditional use be approved to permit cemetery expansion onto Lots 1 through 5, Block 2, Flagler Manor, Plat Book 12, Page 18, with a proposed zero (0) foot setback for burial sites, which setback. --is consis- tent with the existing line of burial sites in cemetery property immediately adjacent to those lots. This proposed expansion is in harmony with the general intent and purpose of the zoning ordinance, as the use is speci- fically provided for in the Code. The purpose of the conditional use provision is to direct the uses conditionally allowed into those areas within the zoning district where they are most com- patible and appropriate, considering adjacent uses. This is clearly such a location. Allowing cemetery expansion onto these five lots will not be injurious to the neighborhood or to nearbv properties, and is not detrimental in any way to the public wel- fare. Instead, this proposed expansion is compatible with the neighborhood by isolating the cemetery uses and properly buffer- ing them from existing residential uses, rather than havinq home- owners reside immediately adjacent to the cemeterv, separated only by a wall. The cemetery use at this location will be com- pletely integrated into the cemetery's existing operations, in- cluding vehicle and pedestrian access, maintenance and security, and will be properly buffered from the residential community to the west. The proposed expansion will not encroach into the sur- rounding residential development and will not generate disruptive traffic flows. The expansion is aesthetically compatible with the area because, in addition to Flagler Memorial Park, the Mount Nebo Cemetery is located directly to the north, across N.W. 3rd Sfreet. Furthermore, traffic flow will be channelled through existing cemetery access points, so that the expansion will actu- ally remove traffic from the roadwav adjacent to the lots sought to be added to the existing cemetery. The expansion is not only compatible with the neighborhood, but improves and fulfills the rational development of this property, with due consideration for existing adjacent uses. 2. Height Variance for Third Level Addition to Mausoleums As explained above, after the cemetery expands into the property immediately adjacent to the northwest corner of the GREENBERG, TRAURIG, ASKEW, HOFFMAN, OPOFF, QUENTEI & WOLFF, P.A. I84o-IL0 4 I I f Planning & Zoning Boards Administration Department March 23, 1983 Page 3 r cemetery, there is no other adjacent property available to which this cemetery can expand. The only means of expansion remaining, therefore, is to add additional levels to the mausoleums within the existing cemetery boundaries. The applicant requests a vari- ance to allow a third level to be added to existing and proposed mausoleums, in the St. Mary's Section of Flagler MeuLorial Park (adjacent to NW 55th Court - west portion of the cemetery), to a height of 45 feet 6 inches, where 2-1/2 stories, or 35 feet, are allowed. The large demand for cemetery plots within the City of Miami, and the lack of property available for horizontal expan- sion, constitute special conditions and circumstances peculiar to this cemetery use, which are not applicable to other uses in the zoning district. These special conditions do not result from actions of• the applicant, but rather result from the needs and desires of the public, the residents of the City of Miami. Literal interpretation of the provisions of these zoning regula- tions would deprive the applicant of rights commonly enjoyed by other properties in this zoning district, and would work unneces- sary and undue hardship on the applicant. Granting this height variance will not confer any special privilege on the applicant, and is the minimum variance that will make possible the continued reasonable use of this property. The grantinq of this variance is in harmony with the general intent and purpose of the zoning Code. Due to the extensive buffering between the mausoleums and neighboring properties, with walls, trees, and other landscaping, this height variance will not be injurious to the neighborhood; moreover, these additions will not significantly impact nearby homeowners, or neighborhood automobile or pedestrian traffic. The proposed mausoleum height was specifically limited in order to assure this neighborhood protection. 1. In consideration of the above, we respectfully request your favorable consideration and approval of these requests. GMH/wp Respectfully, GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, QUENTEL & 11 By GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFr, QUENTEL 6 WO1_FF, P.A. 84"-104 DISCUDSURE OF CA,4HERSHIP 1. Legal description and street address of subject real property: Street addresses: 5391 West Flagler Street, and approximately 245 - 299 IN.W. 55th Court. Parcel A: see attached le al description plus lot 5, Block 2 Flagler Manor (12-23) Parcel B: lots 1-4, Block 2, Flagler Manor (12-28) 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Parcel A: See attached sleet Parcel B: Ethel Jane McDonnell and Carolyn Jane Brown, tenants in 279 N.W. 55 Court common Miami, Florida 33126 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. " none STATE OF FLORIDA ) SS: COUIV'IY OF DADE ) R)WEY FOR OWNEER GARY M. IIELD , being duly sworn, deposes and says that he is the (Rif� (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. SWOFN TQ AND SUBSCRIBED before me this day of , 198.3. 4taPOtlicp State of Florida at Large W CO'HMISSION EUIRMay PUBLIC STATE OF FLOR115A AT LARGE w11 EA 145 JV& a 1985 �G�CvQ4Q �► �ctrc5ru Jib r utVucKyrWl�dSi (over) S4--IL04 STATE OF FLORIDA ) SS: COUNTY OF DADE ) GARY M. HELD , being duly swrorn, deposes and says that he is the duly appointed ATTORNEY of RECORD ,FOR the owner of the real property described in answer to question 41, above; that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner. %L) SWI N TO PM SUBSCRIBED before m this day of , . 198a. Notary Public, State of Florida at Large v MY COMMISSION EXPIRES NOTARY PULLIC STATE OF FLOKIDA AT LARvE Mr CUtv�inS�UN EtVIK:S @ONDLD IttKU l+uvuwl : Vrwu,rrK�rcrc� I& W1 M%1/wpc/ab/G25 s , 84--I.04 �s STATE OF FLORIDA ) SS: COUNTY OF DADE ) GARY M. HELD , being duly sworn, deposes and says that he is the duly appointed ATTORNEY of RECORD ,FOR the owner of the real property described in answer to question #1, above; that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner. 4. SRN TO AIM SUBSCF_IBED before mg the s /I/ day of , 1981. MY CON'MISSIM' EXPIRES: NOTARY PUBLIC STATE OF FLORIDA AT LARGE M> (:UmnLAVlr:S ��LT 19ti� @oNDED JhKU (.iU'M"L IIV� : Ulr✓4r �YKI ILK i GML%/wpc/ab/025 GtM. <� . i Notary Public, State of / Florida at Large v 1 4 84-IL04 1 7'rL.. -. �. 1'f .1: lV.�:�.�..�•:�i4:�1. :�"'.� ... .i.. O,ID. �:-w.•:d..f .i�. .. i'N7a i'•'.W :?Y.•. `.'.itli•W.:.•a :'!1. �P •. ..` .�,,r:>--�a.v v—. f.,�.�wa.�.w .. Order No. 16038 File No. 500/71 March 16, 1983 Page 1. LEGAL DESCRIPTTON* OF FLAGLER MEMORIAL PARK C=IENCE at the Southeast corner of the W'-z of the SE',, of the NWI& of Section 6, Township 54 South, Range 41 East, Dade County, Florida, the same being the point of intersection of the centerline of N. W. 53rd Avenue with the centerline of West Flagler Street; thence run North 0 degree 51 minutes 49 seconds East along the East line of the W!2 of the SE,. of the NW, of Section 6, Township 54 South, Range 41 East, the same being the centerline of N. 14. 53rd Avenue, for a distance of 59.25 feet to a point; thence run ;North 89 degrees 08 minute$.11 seconds West, for a distance of 25.0 feet to a point on the Westerly right-of-way line of N. W. 53rd Avenue, the same being a point on the Easterly line of Flagler Memorial Park Section 1-A according to the Plat thereof recorded in Plat Book 44 at Page 47 of the Public Records of Dade County, Florida, the sate being the beginning of a tangential circular curve, concave to the Northwest, having a radius of 25.0 feet and the Point of Beginning of the parcel of land herein described; thence run South- westerly along said curve to the right having a radius of 25.0 feet through a central angle of 89 degrees 08 minutes 11 seconds for an arc distance of 38.89 feet to the end of said curve and a point on the Northerly right-of-way line of West Flagler Street, the same being a point on the Southerly line of Flagler Memorial Pirk St. Joseph's Memorial Park Section, Section 1-A- according to the Plat thereof re- corded in Plat Book 44 at Page 48 of the Public Records of Dade County, Florida; thence run due West, along theNortherly right-of-way line of West Flagler Street, the same being the Southerly line of the said Flagler Memorial Park St. Joseph's Memorial Park Section, Section 1-A, the Southerly line of the Amended Plat of Flagler Cemetery according to the Plat thereof recorded in Plat Book 41 at Page 7 of the Public Records of Dade County, Florida, the Southerly line of Flagler Memorial Park Garden of the Little Flower according to the Plat thereof recorded in Plat Book 82 at Page 30 of the Public Records of Dade County, Florida, and Southerly line of Flagler Memorial Park Garden of the Good Shepherd according to the Plat thereof recorded in Plat Book 57 at Page 18 of the Public Records of Dade County, Florida, for a distance of 1082.52 feet to the beginning of a tangential circular curve, concave to the Northeast, having a radius of 25.0 feet; thence continue along said curve to the right, having a radius of 25.0 feet through a central angle of 90 degrees 50 minutes 05 seconds for an arc distance of 39.63 feet to the end of said curve and a point on the Easterly right-of-way line of N. W. 55th Court and a point on the Westerly line of the said Plat of Flagler Memorial Park Garden of the Good Shepherd; thence run North 0 degree 50 minutes 05 seconds East along the Easterly right-of-way line of N. W. 55th Court, the Westerly line of the said Flagler Memorial Park Garden of the Good Shepherd, the Westerly line of Flagler. Memorial Park St. Mary's Section according to the Plat thereof recorded in Plat Book 57 at Page 91 of the Public Records of Dade County, Florida, and the Westerly line of Flagler Memorial Park Section 12 according to the Plat thereof recorded in Plat Book 97 at Page 9 of the Public Records of Dade County, Florida, for a distance of 972.10 feet to the Northwest corner of the said Plat of Flagler Memorial Park Section 12, the same being the Southwest corner of Lot 5, Block 2 of Flagler Manor according to the Plat thereof recorded in Plat BOok 1' at Page 28 of the Public TnuMaS �P. !o'�'• o4.IHi5. ♦�O+[iTtOn., pan .r.[,,.. 622 5 W 27rH 4vEW)i: :4:+.0 c:LORIDA 33135 • TEL 13051 64Z-d461 84-104 94 Order No. 16038 File Nv. 500!71 ?larch 16, 1981 Page ' . "ecords +2f Dade Count%,, Florida; thence run North 89 degrees 51 minutes 39 sec- onds East along tlr2 Northerly sine of the said Plat of Flagler Memorial Park Section 12 and the Southerly line of the said Lot 5 for a distance of 144.01 feat to the Northeast corner nf the said Flagler Memorial Park Section 12, the South- east corner of the, said Lot 5 and a point on the Westerly line of Flagler :•1emorial Park Section 11 according to the Plat thereof recorded in Plat Look 50 at Page 41 of the Public Records of Dade County, Florida; thence run North 0 degree 50 minutes 25 seconds East along the Easterly line of the said Block 2 of Flagler Manor, the Westerly line of the said Plat of Flagler Memorial Park Section 11 and the ltiestr,rly Line of Flagler Memorial Park Section 7 according to the Plat thereof recorded in Plat Book 43 at Page 75 of the Public Records of Dade County, Florida, for a dis- tance of 250.0 feet to the Northwest corner of the said Plat of;Flagler Memorial Park Section 7, tho Northeast corner of Lot 1, Block 2 of the said Flagler Manor and a point on the Southerly right-of-way line of N. W. 3rd Street; thence run North 89 degrees 51 minutes 30 seconds East along the Southerly right-of-way line - of N. 1-,.;3rd Street, the Northerly line of the said Plat of Flagler Memorial Park Section 7, the Northerly line of Flagler Memorial Park Section 6 according to the - Plat thereof recorded in Plat Book 44 at Page 49 of the Public Records of Dade County, Florida, and the Northerly line of Section 4 of Flagler Memorial Park in Flagler Cemetery according to the Plat thereof recorded in Plat Book 40 at Page 27 of the Public Records of Dade County, Florida, for a distance of 963.78 feet to the beginning of a tangential circular curve concave to the Southwest having a radius of 25.0 feet; thence continue along said curve to the right having a radius of 25.0 feet through a central angle of 91 degrees 00 minutes 19 seconds (91 de- grees 00 minutes 48.75 seconds per Plat, P.B. 40, P. 27) for an arc distance of 39.71 feet to the end of said curve and a point on the Easterly line of the said Section 4 of Flagler Memorial Park in Flagler Cemetery and a point on the Westerly right-of-way line of N. W. 53rd Avenue; thence run South 0 degree. 51 minutes 49 seconds West along the Westerly line of N. 14. 53rd Avenue, the Easterly line of the said Section 4 of Flagler Memorial Park in Flagler Cemetery, the Easterly line of Sections 1, 2 and 3 of Flagler Memorial Park in Flagler Cemetery according to the Plat thereof recorded in Plat Book 34 at Page 60 of the Public Records of Dade County, Florida, and the Easterly line of Flagler Memorial Park Section 1-A ac- cording to the Plat thereof recorded in Plat Book 44 at Page 47 of the Public Re- cords of Dade County, Florida, for a distance of 1200.26 feet to the Point of Beginning. NOTE: The angular balancP of the preceding legal description forms a perfect closure, The North -South and East-West distances balance within 0.06 foot and 0.07 foot, respectively. *Tlic preceding; legal description has been prepared entirely from existing recorded plats comprising Flagler Memorial Park in accordanrVe with City of Miami records. All dimensions and bearings were obtained from the' aforementioned plats and have not been verified by field-;urvev. rm.omas J&..'kSON GAP+$ + ••r.c .. . .01 +w 622 SW 27"H AVENUE. 'AIAM. FLORIDA 33135 rEL 1305) 642 ©36, 84-IL04 ,;.w�..::..,;..i,•�. .a.�...i..�: .�r�., ... .. "T�"� a'."".'ti.'".��.'Y �.... �...: 5.';'4.: �[•?"1' ...`rri :.:S ..v.Y ..y. �., • Iw.: ,.�:VS;... .. PARCEL A RE: Flagler Merbrial Park and Lot 5, Block 2, Flagler Manor (12-28) Owned by Memorials, Inc., a Florida Corporation, whose shareholders and officers are as follows: Bernice and Frank Parker , Directors 8005 S. W. 17th Street Miami,'Florida 33155 Jean M. Brower 805 S. Ranger Blvd. Winter Park, Fla. 32792 J. D. Levinson, Trustee Equally shared by —the following Beneficiaries: Thomas B. Levi.nsan 7020 N. W. 72nd Avenue Miami, Florida 33166 Barbara Grundstein 13604 S. W. 83rd Court Miami, Florida 33156 Martin Parker 8005 S. W. 17th Street Miami, Florida 33155. Alan Parker 8005 S. W. 17th Street Muni, Florida 33155 Susan Fein 7224 S. W. 127th Court Miami, Florida Marcia Levinson 3030 South Olive West Palm Beach, Florida 33405 Ronald Levinson 3030 South Olive West Palm Beach, Florida 33405 Thomas B. Levinson, President Dorothy L. Rubin, Director H.P. Forrest, Director C.A. Morehead, Director E.L. Kennedy, VP & Treas S.H. Levinson, Sec 020 N.W. 72nd Avenue Miami, F1 33152 8.330 8.330 8.330 �-- 50.00% 16.67% 8.33% z 84-IL©4 r (14 1 y: a 7:3 `1'c (MY.-t .. .,l aprZ-d Thomas B. Levinson who Lcirby m,3 firzt dsl; upon oath, _ ;s: is tha c: n.cr, or the le, -al representati•: e of the —I apYlicakion or a pU lc --- as rev,4 r-�d by 60171 of th-2 Code of the City o£• tMia: i, Flo:-ida, effec.ir,,- the real property Iccated in the City of Miami as desc:ib_d and lista3 ca the pages attac::ed to this affidavit and made a part thereof. 2. That all u.-Mers ,r':ich he represents,. if any, ha•:e gi•:en the:r full and cc --Mete pc=!ss_cn for hii^, to act in their behaL`' for the or ,;.ti ioaticn of a claes4;cation or reb.ilation of zcrdung as set out in 3. That, the pages attic: ed hereto and r,•ade a � .. df th-J s i n the n � ins ease h ne . t •..:.e..- a_�___. .. CC::ta_. ��. ClL : ,..:t ..c..i. j, r^.sl_..9 adcr .. S, p. C ........, J and le-=? N Cescrie .. �.�r t: r ^ err • •:,,ich he is the v.- er or legal b .+i..�YrcYi� _ reYresentative. 4. The facts as re, r esenLed in the aYYlicaticn and su...._rt=- in cc^,;uncricz -4ith this afi'ida.vit are true and cc—ect. R- :,h--r Plfia: t sayeth not. 9na—T-r-r,e el. / • T I X;it I' r' S:•:orn to and Subscribed before me this 4th day of January 19 83. f:c-tar r Public. State of Flcr ida at Larza Nr% C'..r1-'±✓--ion E?:pires: 1'10T"Y PUBLIC STATE Of FLORIDA l Mr EOMMISWM WOWS NOV Ii W" IONDED THRU GENEMI 1 6urANQ UND • c7���Or s p' S L; ST C,.•ner's ','are Memorials, Inc. failing Address 7020 N.W. 72nd Avenue Telephcne Nurber 885-6231 Legal Description: See_ ttX1,*c1. also: contract to purchase Lots 1,2, 3, 4, Block 2, ag er Manor P.B. 12 P.28 N; i 1 i.-� Address Telephone Nurber _ Legal Description: Cvmer' s Name Mailing Address Tel ep"cr:e Numter Legal Description: Any cther real estate prcrert •ivrned individually, jointly, or se,., ---rally (by ccrperation, partnership privately) within 375' or the subject site is listed as follo•••rs: Street Address Leval Descriction Street Address Legal Descriotion ��•l Ce��ri�tion a ,7\!(w••S �f.•.. Jr.'..• �:�t•i\ \I+.. _.. .. H. .p I.'w�4F.�iJI.1+-!•+ ...4'Y tC..hv. �Y.r � ,. . Order No. 16038 File No. 500/71 March 16, 1983 Page 1. LEGAL DESCRIPTION* OF FLAGLER MEMORIAL PARK CO`LMENCE at the Southeast corner of the W� of the SE1-4 of the NW1-4 of Section 6, To%,mship 54 South, Range 41 East, Dade County, Florida, the same being the point of intersection of the centerline of N. W. 53rd Avenue with the centerline of West Flagler Street; thence run North 0 degree 51 minutes 49 seconds East along the East line of the W'-.; of the SO-, of the NTT 4 of Section 6, Township 54 South, Range 41 East, the same being the centerline of N. 14. 53rd Avenue, for a distance of 59.25 feet to a point; thence run North 89 degrees 08 minute$.•ll seconds West, for a distance of 25.0 feet to a point on the Westerly right-of-way line of N. W. 53rd Avenue, the same being a point on the Easterly line of Flagler Memorial Park Section 1-A according to the Plat thereof recorded in Plat Book 44 at Page 47 of the Public Records of Dade County, Florida, the same being the beginning of a , tangential circular curve, concave to the Northwest, having a radius of 25.0 feet and the Point of Beginning of the parcel of land herein described; thence run South- westerly along said curve to the right having a radius of 25.0 feet through a central angle of 89 degrees 08 minutes 11 seconds for an arc distance of 38.89 feet to the end of said curve and a point on the Northerly right-of-way line of West Flagler Street, the same being a point on the Southerly line of Flagler Memorial Park St. Joseph's Memorial Park Section, Section 1-A according to the Plat thereof re- corded in Plat Book 44 at Page 48 of the Public Records of Dade County, Florida; thence run due West, along theNortherly right-of-way line of West Flagler Street, the same being the Southerly line of the said Flagler Memorial Park St. Joseph's Memorial Park Section, Section 1-A, the Southerly line of the Amended Plat of Flagler Cemetery according to the Plat thereof recorded in Plat Book 41 at Page 7 of the Public Records of Dade County, Florida, the Southerly line of Flagler Memorial Park Garden of the Little Flower according to the Plat thereof recorded in Plat Book 82 at Page 30 of the Public Records of Dade County, Florida, and Southerly line of Flagler Memorial Park Garden of the Good Shepherd according to the Plat thereof recorded in Plat Book 57 at Page 18 of the Public Records of Dade County, Florida, for a distance of 1082.52 feet to the beginning of a tangential circular curve, concave to the Northeast, having a radius of 25.0 feet; thence continue along said curve to the right, having a radius of 25.0 feet through a central angle of 90 degrees 50 minutes 05 seconds for an arc distance of 39.63 feet to the end of said curve and a point on the Easterly right-of-way line of N. W. 55th Court and a point on the Westerly line of the said Plat of Flagler Memorial Park Garden of the Good Shepherd; thence run North 0 degree 50 minutes 05 seconds East along the Easterly right-of-way line of N. W. 55th Court, the Westerly line of the said Flagler Memorial Park Garden of the Good Shepherd, the Westerly line of Flagler. Memorial Park St. Mary's Section according to the Plat thereof recorded in Plat Book 57 at Page 91 of the Public Records of Dade County, Florida, and the Westerly line of Flagler Memorial Park Section 12 according to the Plat thereof recorded in Plat Book 97 at Page 9 of the Public Records of Dade County, Florida, for a distance of 972.10 feet to the Northwest corner of the said Plat of Flagler Memorial Park Section 12, the same being the Southwest corner of l.nr 5, Block 2 of Flagler Manor according to thy' Plat thereof rocorded in Plat Bool: L" at Page 28 of the Public T•IOMAS JAC;KSON GARM'S 622 SW Via AVENUE Mi4NL FLOW)A 33135 TEL i3051 642.8461 84-104 �i .r 'i �: `, �':. .. „»,.c .�.. �� .•J tw r .. .., .r n. .rt.: •w �,; r..C:r ..� .�. r:+i!n��. •_.�.—. .. ...... r, ..rt .. r...v..aw .-v.0 t.w ...... ... Order No. 16038 File No. 500/71 March 16, 1983 �. Page 2. Records of Dade County, Florida; thence run North 89 degrees 51 minutes 39 sec- onds East along the Northerly line of the said Plat of Flagler Memorial Park Section 12 and the Southerly line of the said Lot 5 for a distance of 144.01 feet to the Northeast corner of the said Flagler Memorial Park Section 12, the South- east corner of the said Lot 5 and a point on the Vesterly line of Flagler Memorial Park Section 11 according to the Plat thereof recorded in Plat Book 50 at Page 41 of the Public Records of Dade County, Florida; thence run ;:orth 0 degree 50 minutes 25 seconds East along; the Easterly line of the said Block 2 of Flagler Manor, the Westerly line of the said Plat of Flagler Memorial Park Section 11 and the Westerly line of Flagler Memorial Park Section 7 according to the Plat thereof recorded in Plat Book 43 at Page 75 of the Public Records of Dade County, Florida. for a dis- tance of 250,0 feet to the Northwest corner of the said Plat of•..Flagler Memorial Park Section 7, the Northeast corner of Lot 1, Block 2 of the said Flagler Manor and a point on the Southerly right-of-way line of N. 14. 3rd Street; thence run North 89 degrees 51 minutes 30 seconds East along the Southerly right-of-way line* of N. W ,3rd Street, the Northerly line of the said Plat of Flagler Memorial Park Section 7, the Northerly line of Flagler Memorial Park Section 6 according to the Plat thereof recorded in Plat Book 44 at Page 49 of the Public Records of Dade County, Florida, and the Northerly line of Section 4 of Flagler Memorial Park in Flagler Cemetery according to the Plat thereof recorded in Plat Book 40 at Page 27 of the Public Records of Dade County, Florida, for a distance of 963.78 feet to the beginning of a tangential circular curve concave to the Southwest having a radius of 25.0 feet; thence continue along said curve to the right having a radius of 25.0 feet through a central angle of 91 degrees 00 minutes 19 seconds (91 de- grees 00 minutes 48.75 seconds per Plat, P.B. 40, P. 27) for an arc distance of 39.71 feet to the end of said curve and a point on the Easterly line of the said Section 4 of Flagler Memorial Park in Flagler Cemetery and a point on zhe Westerly right-of-way line of N. W. 53rd Avenue; thence run South 0 degree 51 minutes 49 seconds West along the Westerly line of N. W. 53rd Avenue, the Easterly line of the said Section 4 of Flagler Memorial Park in Flagler Cemetery, the Easterly line of Sections 1, 2 and 3 of Flagler Memorial Park in Flagler Cemetery according to the Plat thereof recorded in Plat Book 34 at Page 60 of the Public Records of Dade County, Florida, and the Easterly line of Flagler Memorial Park Section 1-A ac- cording to the Plat thereof recorded in Plat Book 44 at Page 47 of the Public Re- cords of Dade County, Florida, for a distance of 1200.26 feet to the Point of Beginning. NOTF: The angular balance of the preceding legal description forms a perfect closure. The North -South and East-West distances balance within 0.06 foot and 0.07 foot, respectively. *Th preceding legal description has been prepared entirely from existing recorded plats comprising Flagler Memorial Park in accordanpe with City of Miami records. All dimensions and hearings were obtained from the aforementioned plats and have not been verified by field survey. iMpMAS J-%CKSON GARRIS. •w;•rtss•v,.. ---a ovivoe 622 S W. 27TH AVENUE. MIAMI. FLORIDA 33135 TEL 1305) 642.6o6t 84--ILa4 If the property is owne(l by a list the of f icers, directors an(.i princip•.i1 stc��.':iiol_icrs and the percentage of stocf owned by each. Name Thomas B. Levinson, President) Dorothy L. Rubin, Director ) Jennie D. Levinson, Trustee H. P. Forrest,-Director.— C. A. Morehead, Director - Jean Brower Frank & Bernice Parker E. L ; Kennedy,_ VP & Treas . S. H. Levinson Secretary Percentage of Stock - 5 9 8.33% 16.67% 8.33% 8.33% 8.33% If the property is in the name of a TRUSTEE list the benefici- aries of the trust with percentage of interest. Name Percentage of Stock If there is a CONTRACT FOR PURCHASE state for whose h-:!'itt E the Vplication is being mad 4WNtF < oL YN pia " ao?a A/W f. If the PURCHASER is a TRUSTEE or a CORPORATION, the same inffforoia- tion must be furnished as indicated above for the applicant CORPORATIOiI or TRUSTEE. JANI. t,t!_lr•-�t.-;_.,1� / �'1 � 1 - ( 1• 11r ` - / .�. �. L L • at •slily.. pace-Court;;�tr Flor ld;d '1 _�C LY bi.:.D tiL: lO�LI1�.�tf. • - .� .. r� _ irn - � Dadee eunL. at 'Buyer Flnriria -- ch r,e 1; 'ritry ogre• that the Sells, Snell tail ano Buyer Shan t.,ry the lOhoA.ng t•,Oi•r!Ptr lvo', ,h,• f„',1­• 1 te•n.1 enrt rOon ,.•.ns 4►11CH it,^-UDE thestondardt For ti F title TfentactiOnt On the P1Wrte hereon Or attac.hvd 1411111t0, hLr,i,nAlter rel rn Pri to its ,•,•,ei.n tl' DESCRIPTION la► Legal d"Crtptlon Of real *stair located to _ Mi,�mi�Dade __, County, Florida: Lots 1, 2, 3 and 4 - Flagler Manor Block 2, P.B. 12-28 Together with any and all improvements thereon. (b) Street address, if any, of the property being conveyed is (c) Personal property included / PURCHASE PRICE: . . . .. . . . . . . �� i� ((ll ..= 200,000.00 PAYMENT; GREG RY B . 041 OSTAND TRUST ACCOUNT le) OePotit(s) to be held in escrow by XR'.'+r%W.X1%lSY.X-W .M6_.--- _- 11000.00 __. _.In the amount of _ (b) Additional -deposit 15_d-ws_aftert bearing interest at _` % per annurr, and payahla *s toCf�it4PSrhr • • • • 8 t000. 00 interest $ (ter month, having an auutoxiniste lirts••nl wtnnt+al balonLe of . . . . % (c) Purchase money mortgage and note bearing interest at ,_ 1 2 % on ler,,,s Sri lotIh herein below, in the Principal amount of ....... . See . Addendum ..............s 100, 000.00 (d) Other _ ---••--•--� _S (a) Bolante to CIOte. (U.S. cash, cart.fierf or cashier's check) tithletl to anlUsttr,rnt% roil (,forat,bnt f - 91 : 000.00 TOtAI. s 200,000.00 FINANCING It the purchase price or any part thereof it to lie finer,crtl uy a third yatty ivan• this Contract for Sa'* and Purchase, hereinafter referred to so .unt►act", it conditioned upon the Buyer obtaining a firm commitment for satM loan .v,thirt :dart train date hereof, at an interest rate n t0 a,,coed 1e. term o1 Vean: and in the principal •mount of S _ _ Bnynt agree, to mere applicatton for, and to user as noble dill - tire to obtain said loan. Should Buyer fell to obtain same, or 10 waive t3uyer•% lights hereuttuet .within sail dine, either party may cancel Co�91 TITLE EVIDENCE: Within _ aaysfro,»MatwufCunta,tt,tioile,shalt. allusi!xl.,•.,,IrhvertoBuve.orhitat+ornev.neLtordt 5t dardA. th►r (CHECK) (11 or 0 (2): (1) abstract, or (2) fitia insistence commilment With ter Owt,rt'% litir ftolicy prMniurt, to be paidynj� �i rj{'q�9�i'� }� TIME FOR ACCEPTANCE AND EFFECTIVE DATF 11 this Offer ,S rwl e.eLutetl by ,.o,r, car tit(- IiJdt.es liereto o,Ior tielort�:TM�*^�^�•«+ng7 0 8G v slotesaio depoto(s) than be, eT the oot,on of Buyer, refurnad t0 him and this offer thatl the,eani.r be nu-1 and void Tne date of COntritG,+tn�t b data -ion the last One of the Sailer and Buyer has signed this nrfer. CLOSING DATE: This ttensection Shall be closes and the dery and other clot,ng nafh s .Irl,vrted on the __—_`day of 1 - , unielt selanood by other provisions of Contract. See Addendum. ' 11 RESTRICTIONS. EASEMENTS, LIMITATIONS. The Buyer %hall !n..e title suhler t to l•n,.,,.i, re%trit tiow. lvohrl„t,rins and other tecfu,tRmentt imposed by ,,irinmental authority. Restrictions and matters appear.ng on the Dial or uthprw.Se ro„unnn to rill, suhrlivit,on. Public ut•l,ty easements Of record. (ofovided laid .%en,ents are localso contiguous throughout the properly lines aria ere nit more than 10 +oel it, width as to the fear n, 'Pont lines And 7,, teat in width 6% to the it lines, unless Otherwiso specified herein), Taxes for year of closing and tubsetttieni yca,s. alsumed mOrtgacies end purchase manly mortgoges, if env; het n• ,ded, however, that none of the foregoing than prevent use of the ntoperty for the purpose cis _See_ Special CluseS. _ III OCCUPANCY: Seller represents that there art no parties in occupancy other then Seller, out it property ,s intended to be -rent" or ocCup,ed beyond upng, the fact and terms thereof snail be stated herein, end the tenent(s) than be d,SCIOSPd nt,rstssnt to StanderM G. Sena, agrees to deliver OCCupgnCy of p►Opany titno Of cloatng unless otherwise specified below. It Occupancy isto be del,vared pfrOr to closing, Buyer ♦ssumet all'risk of lost to property from date of oecu• ancy, Mall be responsible and liable for ma,nfenance thereof born said date. and shall he.tirritind to have accepted the property, vial, and personal, in its existing trntition el Of time Of taking OCCupsnCy unfoss otherwise noted in writing ' ASSIGNABILITY: (CHECK ONE) Buyer Omay *%sign O,nev ,of assign, Contract TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Tvpe,vr,rter% or Isendwiitlen l,rtw000tis inlened herein at stitched hereto as Adnenda shall control I winced provisions in conflict therewith. I SPECIAL CLAUSES' See Addendum attached. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR Copyright 1978 by The Florid* Bar a,to the Florida Assoctation of REALTORS ------------ wITNESSESS (Two recommended, required if Homestead) OPP ow— % 00S.t(si car 11 la) received N check, subject to clearance (Escrow Agrn11._ --_.- • • _~- _ _ -- _- -- - Executed I a r on FL LE ORIAL (SEAL.) IBuvarl (SEAL) Exei utw,l try Qrller On (SEAL) oM.l ; MI 'BRI05TAN it Iseliarl f 1_ (SEAL) M D0ilF};ii.L., tsar all �•3: M A )e -1-i r ,sill lv IF 6•10KERAGE FEE. Seller agrees to pay the tev,stele., real estate Bso, c• nun rJ 4cl •.•, if n. it clowng• fruit% IhI• litbursernenls of the prtrceecis of sale. corn .a ,Vat,on in the amount of !. of yioss trurtha.r 1+rice fur his srs Ica•% •„ ells••. i.r.•i tin• •. pi: uy rirt.fing n Roves. .tells. willing and agla to yurchau pursues IL Itt* foregoing Contract in the event Buyer fail* to perlorm sin.% tll•pus•t,ti ,S ttla.nr�l, 59 _ •hrr.•nt. nut nut axcetA,ng Inc brow el, S fee above computM, anali 01 i .,i,• Ll the Brovar as full ronslMeratson for Brukrr's Swvt, es inclurlinit i I,.• . f." v(,,1n1 iry f. ,,. •• ar•.l file I,afar.ce %hall lie r, I'a to S*'t"r, it file transaction shall no t..• losCd 00I Muse of refusal of fallti►e Of Seller to person„ the 501Pt tits') 1.Jv : , .1 1rr M O,.l 1,• 1'. ni r, 011 dnlnat,r. INa,ne of broker r ...... -. _.. _ . ,...,,., ,:.rut• , ___. (SEA: _ STANDARDS FOR REAL ESTATE TRANSACTIC A c t I :'•CE G r E y:l rl 1.c. a.►� o• prow^•I .,,,,int U. a set. i8miss a,a 6. It. 1,..; r 1It no: 0.,It� ;snail ci•1,•.w or Car we, I ar, i.•t.,ny I"'r culportir,e 10 Us ar, Y.cu,Ylf a.n� ,It at Ins irilitumeris affecting Ini 1,14 tO Iowa;? 1 •OVa,tr ra:OrOY-- in Ina a..000 10:0101 Of Ina COS -tells 'd„a it lituatYC tnruu91 deli o' Lon An sustr&ct Snail cummen�.. w,tn Ins ♦wi,otl pvC 1:01Os Or SuCn 111a, Oate as ma, of Cvl;omary 1n t ca.. 0%--no,t, Inis land It t'lustoa Sailor frill Carl a maraeteu.e hue .n occoroance noon Title Ste••os,u r000tto t,Om lime to I.me by no Florida 86•. Svbll only tc hr^t O'Cumbrancei Yaclut,Orh1 Or qualifications Set login in this Contract and those which Shall be discharged by Sailor 91 Or b610141 C106+np Upon CIO$, 0f this Iran/a.t,On IUCP. aUst,atl Shell bvCOmu the property of Buye,. Subject to the right Of tatvr11101i thereof br f„ti mortyegea unt,• fully ps,d.Or -L, a title one al,'! Conen.I .ont .$$sea by v Oual.t'W title intutor agreeing lu issue to Buyer. upon foc Ord.ng of the dead to Suva,_ an Owner's policy o1 litre insurance ,n t amount Or the purchou price. Insuring title of the Buyer to Ina real property. Subject only to Nina, oncu,nbfance%. eatool,Oni or Oual,f.cer,onf ago forth ,n It Contract end those which small be dlschergrid by Sailor of or before closing Buyer Shall have ]0 city% 41 ffbStr&C I. Or 5 city%. of title cottim,lni0nt frown Usti of , Ce.ving uvnlar.te of title to •Sartre tame It title It found del►cl,ve. Buyer shall, within 3 dive thereafter, notify Seller .n writing $uuc.fymg dolacil If Seal Aelucll$) tender title unmarketable. Seller shall have 120 day$ from receipt Of notice within which to tomove geld defattit), end it Seller .s unsucCestful resnovmg their, within said hrna buyer Shall have Ina option of either 111 accepting Ina titia e1 it then it. or (2) damending a refund of all monies paid horeuno wruCf. Sh.li 1011hwtlh be returned to BuyN and thereupon Buyer and Seller Shall be re,eated as to one anotne, of all further Obligations under tna Contract, hd. aver, Sailor agree$ that he will, if title 1s found to be unmarkiiiiUla, use diligent effort 10 correct ina delict(Sl in title within the time provided therefor. ineluclit the bririg,ng of necessary Suitt 8 EXISTING MORTGAGES Seller Shall furnish a statement from the rnortgague(S) ultiflg With principal balance. method of paymeht. Interest rate and whoth the niorl93yM($) In good slaridu111 It a mortgage requires approval of the Buyer by the ntortgegue ill orti� to bvold default, or for a$suntullon by tna Buyer of is ,asortgaye. and [�]J chi moftpausa dues not approve the Buyer, the Buyer may totrind the Contract or (J ro4u,res an Increase ,n the Interest tale or charges a I log e,ly rua%on in treat$ of S 100 00 the Buyer may rescind Ina Contract unto.$ Seller sloets lu poly Such increase or excess. Seller shall pay 50% of such too up %:i0 00 buyer shall use reasonable diligence to obtain approval The amount of any escrow depot -to held by mortgagee Shall be Credited to Seller. C PURCHASE MONEY MORTGAGES The purchase money note and mortgage, if any. shall provide for a 30 day grace period in the event of default it it is first ,tiortViYe end a 15 day grace period If a Second mortgage. Shell provide for fight of praueyment in whole or In part without penalty; Shell not provide f. aw;tvleretio,l in event of mule of the property, and shall be otherwise in form and eontsr,t required by Seller'$ attorney; provided, howwor, Seller may only r Slulra ciousus customarllV found in mortgages and mortgage notes generally utilited by Savings and loan institutions in the county wherein the property It locate Said .norlyage shell require the Owner Of the property encumbered to keep all prior Ilene and encumbrances in good standing and forbid the owner Of the or potty from accepting modifications of or future advances under prior mortgagels). All personal property being Conveyed will, at option Of Seller, be subloct to tl lion Of the mortgage and widencod by recorded Financing Statements V SURVE % The Buyer. within lime allowed lot delivery of evidence of late and ertaminalWn thiffeui, ,nay have the property surveyed et his eapeMe If It survey, certltivd by a registered Florida surveyor, show$ any encroachment uh Said properly of that l,nproveftioril$ intended tous located on the tuoleCt property (vet tnctuacn on lands of olhvls, of violate any of the Contract Covenants. the Ume $flail be treated as a title detect Any survey prepared in connection with or n enn:uuuaiise of that tronsaction mat, include a description of the property under ilia Fiorede Coordi'•ate System as dofinad in Cheater 177. Fior.da Statute& It. TERMITES The Buyer, within lime allowed for delivery of evidence of tidy and eaelnlrat,on thereof, or no Istor than 10 days prior to closing, whichever do occurs last. mey have the improvements Inspected at Buyer'% expense by a Certified Past Control Oper.tor to determine whether that# I$ any visible active firm' mlvslat,un or visible existing damage from terrnite Infestation log the improvemonts If Buyer Is informeo of erthur or both of the foregoing. Buyer will have a dal from date of written notice thereof or 2 days after ►tlo:t'on t:f a contractor, whichever cc:urt I;rst, within which 10 have all Camayas. whether vIt•blo or not, t .:tad anti vitinlatvd oy a licensizu building or penvtal contractor. Seller shall pay valid roots of treatment and resist, of all damage up to 171% of Purchase Pf(e Should such costs exceed that amount, Buyer Shall have the Option of cancelling Contract within 5 days after receipt Of Contractor's repast estimate by giver written notice to Seller, or Buyer may elect to proceed with the transaction. In which event Buyer shall receive a credit at closing of an amount equal to 1%1. I said Purchase Price "Tormite" shall be doomed to include all wood destroying Insects. F. INGRESS AND EGRESS: Sailor covenants and warrants that thery it Ingrost al.d agrees to the property. G. LEASES: Seller shall• not less than 15 days prior to closing, furnish to Buyer copies% of oil written leases and estoppel letters from each tenant specifying it. nature and duration of sold tenant's occupancy• rental rates and advonced rent and security deposits paid by tenant. In the went Seller is unable t0 Obtain sus letters from each tenant, the tarns information shell be furnished by Sailer to Buyer within old time, period in the form of a Soflar'S affidavit, and Buyer me thereafter Contact tenants to confirm such information. Scalar shell deliver and assign all original toasts to Buyer at Closing. H. LIENS. Seller $hall, both as to the realty and personalty being sold heroundo►, furnish to Buyer at time of closing an affidavit attesting to the absence unle- Otherwise provided for herein, of any financing statements, Claims of Ilan or potential lioness known to Seller and further attesting that there have been no Improvt manta 10 the property for 90 days Immodiately preceding date of Closing. If the property has been improved within told time, Seller shall deliver releasss or waiver of all snoehanic's liont, executed by general contractors, subcontractors, suppliers, and metarialmori, In addition to Seller's lion affidavit getting forth the name$ C all such general Contractors• subcontractors, suppliers and maleriaimen and further reciting that in fact all bills 10, work to the subject properly which could Sets, as a basis for a mechanic's lion hove been paid or will be paid at closing. 1. PLACE OF CLOSING Closing shall be hold In county wherein property IS located, at the officer of attorney or other closing agent designated by Seller J. TIME: Time Is of the essence o1 this Contract. Any reference herein to time periods of less than 6 days shell in the Computation thereof exclude Saturday$. Su' days and legal holidays. and any time period provided for herein which shall end on a Saturday. Sunday or legal holiday shall extend to 5:00 p.m. of the next lu business day. K. DOCUMENTS FOR CLOSING: Seller shell furnish dead, mechanic's lion affidavit, assignments of leases• and any corrective Instruments that may be required li Connection with perfecting She title. Buyer Shall furnish Closing statement, mortgage, mortgage note• and financing statements. L. EXPENSES. State surtax and documentary stamps which are required to be affixed to the Instrument of Conveyance. Intangible tax on and focordlnp of put thaw money mortgage to Seller, and cost of recording any corrective Instruments shall be paid by Seller. Documentary Stampa to be affixed to the note•br note socuied by the purchase money mortgage, Coot Of recording Itio deed and flnancing etaterrlents tholl be paid by Ouyor. M. PRORATION OF TAXES (REAL"AfSb PERSONAL): Taxes shell be prorated based on the current year's tail with due allowance made lot maximum allowable discount and homestead or other eksmptlons if allowed for geld year. If closing occurs at a date when the current year's millage is not fixed, and current year' assessment is available. %sees will be prorated based upon such assessment, and the prior year's nlilloge. If current year's estestment Is not available, than taxes wll be prorated on the prior year's tan; provided, however. If there are completed Imp►overngants on the property by :*musty tot of vast of closing, which Improvement were not In existence on January let of the prior year, then taxes shell be prorated based sopon the prior year'$ tnllloge end at am eCults:ble atieu,rlent to be agraK upon betwoon the parties, •sllln; which, request wlif be mode to the County Property Appraiser for an Informal assessment taking Into consideration homelitic exemption, If any. However, any tax proration bored on an estimate may at request Of elther party to the transaction, be Subsequently readjusted upon recoipt o' tax bill on condition that a statement to that affect Is Set forth In the closing statement. N. SPECIAL ASSESSMENT LIENS: Cortlflod, confirmed and ratified special asaessrrlent Ilene ae of date of closing (end not as of data of Contract) are to be pole by Seller. Pending Ilona as of date of closing Shell be assumed by Buyer, provided, however, that where the Improvement has been Substantially Completed so of the date of Contract. Such pending lion shall be considered as certified, confirmed or ratified and Sailor shall, at closing, be charged an amount equal to the lost estimate by the public body, Ca the sutaament for the Improvement. O. PERSONAL PROPERTY INSPECTION. REPAIR: Sailor warrants that all major *pplisncas, heating, cooling, electrical, plumbing systems, and machinery are In working condition as of 6 days prior to closing. Buyer may, at his expanse, have Inspections made of said Items by licensed persons dealing In the repair and mein• tonance thereof, and shall report In writing to Sailor such Items as found not In working condition prior to taking of possession thereof, or 6 days prior to closing, whichever I$ first. Unless Buyer reports failures within Said period, he shall be doomed to have waived Seller's warranty as to failures not reported. Valid reported failures Shall be Corrotted at Sailor's Cott with funds therefor escrowed at Closing. S#II*r egress to provide access for Inspection upon reasonable notice. P. RISK OF LOSS: If the Improvements eta damaged by flea or other casusity prior to closing, and costs of restoring some does not •%teed 3% of the Assessed Valuation Of the improvements 60 damaged, cost of restoration shell be an obligation of the Seller and closing shall proceed pursuant to the terms o on%roct w'tri cast therefor escroweo at closing. In the went the cost of repair or restoration eaceads 3% of the asonued valuation of the Improvements 60 0amapWi Buyer shall best the Option of either taking the property as Is, together weds either the sold 3% or any insurance procoods payable by virtue Of such lossor damage, or of canceling Contract and receiving return of dopotit(s) mods hereunder. 0 MAINTENANCE= Notwithstanding provisions of Standard 0. between Contract date end closing date• personal property retorted to in Standard O and rest property• including lawn, shrubbery and Pool, 11 any, shall be maintained by Seller In conditions they axrated as of Contract date• ordinary was, and too, excepted. N PROCEEDS OF SALE AND CLOSING PROCEDURE; The also shall be recorded upon clearance of funds and evidence of title continued aI Buyer's expense, to Mow title In Buyer, without any encumbrances or change which would render Seller's title unmarketable, from the date of the lost evidence and the cash pro- ceeds of sale shell be hold In escrow by Sailor's attorney or by such ether sacrow spent as may be mutually agreed upon for a period of not longer than 5 days front and otter closing Cate. If Sollor's title is rendered unmarketable. Buyer shall within said 5 day period, notify Seller In writing of the defect and Sallor shall move 30 days from dots of receipt of such notification to curs Laid dofo:t. In the event Seller falls to timely Curs said defect, all monies paid hereunder Shall, upon ..rotten demand therefor and within 5 days thereafter, be returned to Buyer and, simultaneously with such repayment, Buyer Mail vacate the promises and recon• Ivey the properly In question to the Sells, by special warranty Coed. In the event Buyer falls to make timely demand for refund, he Mall take title as Is, walving ell r'ghtS against Sailor as to such Intervening defect except so may be available to Buyer by virtue of warranties, If any, contained In deed. In the went a portion of the purchase price It 10 be Derived from Institutional financing or ro•flnancing, the requlrarr►ants of the lending Institution as to place, time and procedures for closing. and for Olsoursame at of mortgage proceeds, shell control, anything In this Contract to the contrary notwithstanding. Provided, however, that thisSallor shall hove the right to require from such lending Institution at closing a commitment that It will not withhold dlabursornant of mortgage proceade as a result of any title Collect attributable to astyles • mortpFgor_ „� _• ,_ ­ ' S ESCROW Any ascrow sgont receiving funds is outflorlted and agrees by acceptance thereof to promptly dopolit and to hold some In escrow and to disburse %amr Subject to clearance thereof in accordance with Samoa and conditions of Contract. Failure of clearance of funds shall not oncuse performance by the Buyer• In inse event of doubt as to his Quite& or liabilities undat thr provisions Of this Contract, the escrow agent may in his Safe discretion, continue to hold the monies which ass the Subject Of this @"raw until the Parties mutually ages to the dlsbursamient thvreol, or until a judgment of a court of Competent Jurisdiction shall determine the lights of the partial thereto, of he may deposit all the monlos than hold Pursuant to Shia Contract with the Clerk Of the Circuit Camrt of the County having lu►isOiction of She dispute, and upon notifying all parties Concerned of such action, all liability On the part of the escrow agent shall fully terminate, except to the extent of accounting for ony monies theretofore delivered out of escrow. If a licensed real estate broker, the escrowaa will comply with provisions of Section 475.25 111 (c). F.S.• as amended, In the event Of any Suit between Buyer and Seller wherein Ins escrow agent Is mode a party by virtue of acting as SuCh escrow •pant horsainder, or In the event of any suit wherein escrow,agent Interpleads the aubisct Metter of this sacrow, the escrow spent shall be entitled to rocovar a reasonable attorneys fee and costs Incurred, sold fees and costs to be charged end o&eessad at court costs'in favor of the prevelling party. All parties ogres that the escrow agent Mall not be liable to any party or person whomsoever for misdallvery to Buy#t or Seller of monies subject to this escrow• unloss such milOolivery shell be due to willful bre"n of this Contract of gross negligence an Shot port of the escrow agent. T. ATTORUEY FEES AND COSTS. In connection with *.%y litigation including eppsillste ago"► rdi'igs Sri&i'ig out of this Contract, S►,# litevailiny party shell be enlalled to recover reasonable atto►ney's lees and costs U DEFAULT; If Buyer falls to perform this Contract within ilia time Specified, the doposit(s) paid by the Buyer aforesaid may be retained by or for the account Of Sailor as liquidated damages, consideration for the execution of this Contract end In lull uittlomao.l of day claims; whereupon all parties shell be relieved of all obligations under the Contract; or Seller, at his option, may proceed at low or In siqulty to onforco his legal rights under this Contract. If, for any reason other Man failure Of Seller to render his title morltotabis •flat diligent effort, Seller falls• nogracts or refuses to perform this Contract, the Buyer may Seok {pacific per• •fuoits#nce or elect to roCifiver the return of hit deposit(a) without thereby waiving any action for damages resulting from Seller's breach. V CONTRACT NOT RECOROABLE, PERSONS BOUND AND NOTICE: Norther this Contract not ony notice thstool shell be tocorced in any public records. Th.$ Contract Shall bind ono Inure to the benefit of the parties hereto and their successor& in interest. Whanwer the context pormits, singular shall include plural end Inc gender shall include all. Notice given by or to the attorney for oithar party Mall be as effective sa of given by of to said party. PRORATIONS AND INSURANCE. Toxe%. sl►essmenq. Saint, interest. (nturance and ashes capontes and revenue of said proporty shall be prorated ot01 dots if closing Buyer shell have the option of taking over any existing policies of inaurane# are the propvrty, it sit►un►sbl#, in which event ptoinisaona shall bo protataa. 11w cash at closing snail be ancrratad or aecflsloo as may be fo4uired by sold prorations All ref#rencos in Contract to proration{ as of Oslo of closing will be /Reined "Oats of occupancy" if Occuponcy occurs price to closing, unless otherwise Providoia log heroin. .t CONVEYANCE- Stiller Shall convey title to the alotouid fool property by Statutory warranty dead Subjet:S only to matter& contained inParogrelph V11 s►trepl. `'erosional. properly Mall, at the releuest of Buyer, ties conv*Vod by on absolute bill of Sal# with warrant• cl Sills. Subject to svCh Ilona #& may be Othervfise prPeiOed Of herein. r OTHER AGREEMENTS: No Palo# at portions agreensentt at tops rsentetowns Shan tie birsd.t%y utfun easy of the partial hereto unsoss encorporstod ir, '..$ COnlfact No modif.cotson or chanya in taut Contract Mail tie •,o„a of L.r.,hng upoon ins: pfrt'as veileis ,n Vfgt.np, v•eC.,ird t.y two, palt..t t61, fL`.i$.Lr+Cl I�f IN ADDE\DI'M TO CONTRACT FOR SALE AND PURCHASE f,1L i�)`,!,Va�-� Among CAROLYN JANE BROWN, and ETHEL JANE 'ScPB'iELL and FLAGLER MEMORIAL PARK XI. Special Clauses: 1. Purchase money mortgage for seven years. It shall be prepayable, without penalty, in whole or in part. Payable in equal monthly payments of principal and interest in the amount of $1,765.28, with the first payment due one month after closing. The mortgage shall only encumber Lots 1 and 2. Lots 3 and 4 shall be free and clear upon delivery of the cash to close. With respect to Lots 1 and 2, upon payment of $50,000.00 in principal, to- gether with accrued interest, Lot 2 will automatically be released from the mortgage, and upon payment of the principal balance of $50,000.00, together with accrued interest, Lot 1 will be automatically released from the mort- gage, Lot 1 to be the last lot released from the mortgage. 2. Closing shall occur within thirty (30) days after the condition set forth in Paragraph 3 below is met unless extended by other provisions of this contract. All 3. Zoning for the property being sold hereunder and for Lot No. 5 currently owned by the Buyer must permit burial up to a burial line which is consistent with the existing Flagler Memorial Park burial line. Sellers shall promptly furnish all information required for rezoning to Buyer's attorney and shall promptly execute any and all documents required by the government officials for rezoning. However, Buyer shall. pay the cost of having the property rezoned and Buyer shall select the attorney to accomplish same. In the event the property cannot be rezoned within one hundred twenty (120) days after Sellers furnish all necessary information to Buyer's attorney required for rezoning, this Contract shall be cancelled and the deposit shall be returned to Buyer. 4. Seller represents and warrants that there are no mortgages, judg- ments and/or liens on the property and that there are no actions currently pending which could result in same. In addition, Seller represents and warrants that there is no broker involved in this transaction. 5. The area of the property described in Part I hereof shall be con- clusively determined by the survey provided for by Paragraph D hereof. 6. Sellers shall not be required to vacate the premises prior to sixty (60) days after closing. vl DATED this 3Rv day of s�f T�jLj ��I� 1982. BUYER: Witnesses as to Buyer: Witnesses as to Sellers: F GLER ORIAL PARK BY SELLERS: CAROLYN 5ANt BROWN U. ETNEL JANE 440pbtehtr 1 84"I.U9 �4L A T T r T T STA OF S3. l�l.Ut1� l.i Ut1L'u P-crcrc r:c, t';, ..... :iJ ._:: at,hor ity, thi3 day app arc-d I�tlVEG c Ayt MC AWe l / who t cir~; by ,:.e fr.,' duly :::or , upon oath, dcpo ea anl . IIIS: 1. Mint he is the o:rner, or the legal representative of :he (lw—r; Ct.4,3t­_1! ��'� �C ." j� ^.j" �� ��;pl.�catio7 fCr �� �.::ti.;� C i�� :'�.� Qa re�.,dred by Ordinance No. c,871 cf th-c Ciaie of the City of Vldami , Flcrida, effecting the real prop erty iccated in the City of iIdwni as described and listed on the pages attacr.ed to thi3 affidavit and made a part thereof. 2. That all r;.ncrs v.hich he represents, if any, have given their full and cc-,mlete pemaiszicn for him to act in their beh,:-If for the th e or micdl Lcat-*on of a Cie' ifi.catlOn Or r^ntTulatlon Of Z:.:li.nt, 3 Set Cat lIl the aC.=77ran •t ....;� Ying pcty�icz. i 3. T}'..at the p-_Ijes a tac`ed hereto and rode a part Of trL1S CVr..VaLn tne current ^ aJ, IIai 1LY.dC adar`vL.ve J, phone nu..b rJ and legal descriptions fer t e real property v.hich he is the owner or leg. representative. 4. The facts as represented in the ap-lication and docu:..ents in coz ju_^c ion th1J affidavit Y-it are true and correct. F _,ether off:ant sayeth not. �� �tC ,( S ' (I�a�ne 1 Sworn to and Subscribed before me day of 9M. hctary ? bILic, State of Florida at Large my CvTrission apires: NOTAtr pj&UC STAR Of RO&WA AT LUM W CDAM1SS10N MIUS M. 16 19$3., BOWD TWU GEJUAL WS . U DfRWRMU A a, ,.•.� , S i_ 1 ST i Owner's game tl'4me- C Po�u,U e /% Mai 1 i ng Address 7gf N W . _S-r- 3,3 /Z 4 Telephone ?lumber ,2( t1-2o z-D Legal Description: C•rner' s dare Sailing Addre,ss. `,.', c phone PNumSr:r Ley:.' Description: 0,,-Mer'slame iSailing Address Telephone Nlumber Legal Description: e Any other real estate property owned individually, jointly, or severally (by corrcration, partnership or privately} ��ithin 375' of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description - 84-0104 A F F I D A V T T STATE OF rIEZIDA) SS. CGUM17 CF DE,DE ) Before rye, the und-: ,ij—cd authority, 1.appeearod this day pperooroily CW$L YAI J,Vp BsZuL✓kl' who bein by me first dul;; _1:.or.1, upon cath, deposes and says: 1. That he is the owner, or the legal representative of the � cr, su .:..ttl: the acc�. —p-iny iu4; application for a public hearing as reqire�? 'cy Or -din an No. 6571 Of the Cade of the City of 1tia.,1, Flo. —Ida, J effecti Z the real property 'Located in the City of Miami as described and listed on the pages attached to thds affidavit and made a part thereof. 2. That all o::ners irhich he represents,. if any, have given their full and complete permission for him to act in their behalf for the charge or modification of a classUication or regulation of zoning as set out in the acce.,p--nyi.ng petition. 3. That the pages attached hereto and Trade a part of this affidavit contain the cu.^rent names, Trailing addresses, phone numbers and legal' -descriptions for the real property which he is the _ m-,ner or legal representative. 4. The facts as represented in the application and do--=ents submitted in conjunction ;rith this affidavit are true and correct. Further P.£fia^.t sayeth not. (Dame Sworn to and Subscribed before me this day of 9 gZ . Notary Public, State of Florida at Large Nry Cow.ission Fy:pires: mmAEY MAUL STATE Of RDU)rA AT LUS NN Co"ASM U "M Fib. IA Itii /0MM TM GRUA6 06 - "MR" ti so* --IL( 4 ���� J/ ER S LIST Owner' s ;tame �/7� %tJ C/L6zN� e`CeW't 1;ai 1 ing Address a� 7y /(�. Lt%, S.S" Crf ss/2-� Te l z o"cne Number 'Q6 y- A'0z.o Legal Description: 1_d-,,O`s Z, 3 d+ Fj.4 0,,,ner's Nar,ie M,ai 1 i ng Address Telephone number Lc,al Description: O;.rner' s ?tame flailing Address Telephone NuMber Legal Description: Anv other real estate property owned individually, jointly, or severally (by corrcration, partnership or privately) within 375' of the subj-ect site is listed as follows: Street Address Legal Description Street Address Legal Description ,Str«t Address Legal Description INJJ • a i � t111r it..�'1N �t rL JAit< 1i►1 ii�l'(+ 4+LL �:%� 1 S4o-IC FT w / 0',:.;TR' S L IST 1..., Owner's Name k'I _Yw CJI�N"Oe- 06;c0e /'t'-� hailing t7kddress A7� AJ.Gt,1. SY' Ct�• Te l oo�,cne ';umber '� G y— AO 2,0 Lend Description: Z.3 O-.ner' s dame 1-1,ai i ing Address Telephone dumber Lc -,al Description: 0%•rner' s dame ' Mailing Address Telephone dumber Legal Description: Any other 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 Legal Description Street Address Legal Description •Street Address Legal Description • �+� l� a:►:k�i h:. ifs �: ,� i�a,>+ ,+:.:n, \ i.Jvl .)f . tii �',c•Gt! rU(i.:1+11.r.'Ji '1N �i i � IV�r itiBM! t rY a4k� 11;1 ;wihi r 'f.� K:� 84o-104