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HomeMy WebLinkAboutApplication & Supporting DocumentationMITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. .MITCHELL J. BURNSTEIN, PA. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN,.P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN LYNN M. DANNHEISSER IGNACIO G. DEL VALLE ALAN L. GABRIEL DOUGLAS R. GONZALES MATTHEW H. MANDEL BRETT J. SCHNEIDER LORI ADELSON* LILLIAN M. ARANGO* SHAWNTOYIA N. BERNARD JEFF P.H. CAZEAU ARYE P. CORBETT RAQUEL ELEJABARRIETA VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2"a Avenue Miami, Florida 33131 Re: Paradise Dairy Acquisitions, LLC Public Hearing Applications Dear Ms. Fernandez: Our firm represents Paradise Dairy Acquisitions, LLC, a Florida limited liability company, (the "Aj)plicant") in connection with the enclosed comprehensive plan amendment and zoning change applications for the properties located at 636 NW 26 Street, 2451 NW 7 Avenue, 636 NW 24 Street,, 629 NW 23 Street, 635 NW 23 Street, 645 NW 23 Street, 655 NW 23 Street, 665 NW 23 Stre&t and legally described in Exhibit "A" (the "Property"). The Property is currently designated Industrial in the Miami Comprehensive Neighborhood Plan (the "Plan") and zoned Industrial I (the "Zoning District"). The Property is 5.115 acres in size and is the former MacArthur Dairy site. The Applicants wish te, introduce mixed use opportunities at the site consisting of affordable housing and commercial office uses (the "Intended Use"). Although the City is in great need of affordable housing, such uses would not be otherwise permitted or accommodated under the current zoning designation. As such, the Applicant is seeking an amendment to the Plan to WEISS SEAOTA HELFMAN 0&,0j3_)01,4 PASTOAIZA COLE & BONISKE, P.L. -(- 0 3,)102 ATTORNEYS AT LAW CHAD S. FRIEDMAN A PROFESSIONAL LIMITED LIABILITY COMPANY MACADAM J. GLINN INCLUDING PROFESSIONAL ASSOCIATIONS R. BRIAN JOHNSON JOHN J. KENDRICK III MIAMI-DADE OFFICE HARLENE SILVERN KENNEDY 2525 PONCE DE LEON BOULEVARD KAREN LIEBERMAN* JOHANNA M. LUNDGREN SUITE 700 KATHRYN M. MEHAFFEY CORAL GABLES, FLORIDA 33134 HARRIS S. NIZEL ALEXANDER L. PALE NZU ELA-MAUR I* MATTHEW PEARL DIANE P. PEREZ TELEPHONE 305-854-0800 JOHN J. QUICK FACSIMILE 305-854-2323 ANTHONY L. RECIO WWW.WSH-LAW.COM SCOTT A. ROBINDANIEL A. SEIGEL BROWARD OFFICE GAIL D. SEROTA* JONATHAN C..SHAMRES 200 EAST BROWARD BOULEVARD • SUITE 1900 ESTRELLITA S. SIBILA .FORT LAUDERDALE, FLORIDA 33301 ANTHONY C. SOROKA TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 EDUARDO M. SOTO MICHAEL L. STINES NANCY STUPARICH* 'OF COUNSEL BLANCA M. VALLE GLORIA M. VELAZQUEZ-MEITIN CHRISTOPHER J. VOLK LAURA K. WENDELL* JAMES E. WHITE November 7, 2008 VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 S.W. 2"a Avenue Miami, Florida 33131 Re: Paradise Dairy Acquisitions, LLC Public Hearing Applications Dear Ms. Fernandez: Our firm represents Paradise Dairy Acquisitions, LLC, a Florida limited liability company, (the "Aj)plicant") in connection with the enclosed comprehensive plan amendment and zoning change applications for the properties located at 636 NW 26 Street, 2451 NW 7 Avenue, 636 NW 24 Street,, 629 NW 23 Street, 635 NW 23 Street, 645 NW 23 Street, 655 NW 23 Street, 665 NW 23 Stre&t and legally described in Exhibit "A" (the "Property"). The Property is currently designated Industrial in the Miami Comprehensive Neighborhood Plan (the "Plan") and zoned Industrial I (the "Zoning District"). The Property is 5.115 acres in size and is the former MacArthur Dairy site. The Applicants wish te, introduce mixed use opportunities at the site consisting of affordable housing and commercial office uses (the "Intended Use"). Although the City is in great need of affordable housing, such uses would not be otherwise permitted or accommodated under the current zoning designation. As such, the Applicant is seeking an amendment to the Plan to Ms. Teresita Fernandez November 7, 2008 Page 2 Restricted Commercial and a rezoning to Restricted Commercial. The Intended Use is consistent with the Plan and permitted in the Zoning District. We look forward to your favorable review of this application. Please call me if you have any questions or if you require further information in order to process this request. GP/ms 676028 Enclosures cc: Mitch Friedman Ver j ly yours, Gi berto Pastoriza WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. I N; N d � ✓'�t4� Planning Designee Initial & Date HEARING BOARDS 444 SW 2nd Avenue, 7t" Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 vwwv.miamigov.com/hearing boards 100 NOV 7 Amll-551 PUBLIC HEARING APPLICATION FOR ANbg '��- AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 Pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 09-04-07 For information about Amendments to the Miami Comprehensive Neighborhood Plan, please see Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report of the Miami City Code. I, Gilberto Pastoriza & Estrella Sibila, on behalf of PARADISE DAIRY ACQUISITIONS LLC, a Florida limited liability company, hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: 1. Obtain signature or initial and date by the Planning Department designee prior to submittal. 2. The property/location listed does not have any open code enforcement/lien violations. 3. Address(es) and folio(s) of property: 636 NW 26 ST, 2451 NW 7 AVE, 636 NW 24 ST, 629 NW 23 ST, 635 NW 23 ST, 645 NW 23 ST, 655 NW 23 ST, 665 NW 23 ST folio numbers: 01-3125-047-0480, 01-3125-060-0010, 01-3125-046-0290, 01-3125-046-0450, 01-3125-046-0440, 01-3125-046-0430, 01-3125-046-0420, 01-3125-046-0410, respectively. 4. Current designation: Industrial Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? If so, when? NO 6. Do you own any other property within 200 feet of the subject property? NO If yes, has the property been granted a change in plan designation within the last year? NO 7. Two (2) 11 x17" original and one (1) 8 '/2 x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 10. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. 11. What is the acreage of the project/property site? 5.115 acres 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. NO 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 14. If only filing this application and not a change of zoning, please submit a (an): a) Affidavit of Authority to Act; b) Disclosure of Ownership of all owners and contract purchasers; c) List of property owners within 500 feet of the subject property. Rev. 09-04-07 2 15. For corporations and partnerships indicated, the following documents are to be submitted: a) Articles of Incorporation; b) Certificate from Tallahassee less than one (1) year old showing good standing; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. All documents, reports, studies, exhibits (8 % x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami City Code*: Application to Amend the Comprehensive Neighborhood Plan to: a. Conservation, Recreation, Residential Single Family, Residential Duplex $ 300.00 b. Residential Medium Density Multifamily $ 450.00 c. Residential High Density Multifamily, Office, Major Public Facilities, Transportation/Utilities $ 550.00 d. Commercial/Restricted, Commercial/General and Industrial $ 650.00 e. Central Business District (CBD) $ 1,200.00 f. Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000. 00, shall be paid in the form of a certified check, ca�l�ier's check, or money order. Signature Address 2525 Ponce de Leon Blvd, #700 Name Gilberto Pastoriza, Esq. Miami, Florida, 33134 Telephone (305) 854-0800 E-mail gpastoriza(c�wsh-law.com The application submittal date is the date stamped by Hearing Boards' staff on the front page. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this Af day of AJ c-,, 6,.,- 2008, by Gilberto Pastoriza, Esq. who is an agent of PARADISE DAIRY ACQUISITIONS, LLC, a Florida limited liability company. He ispersonally_kpown to me or who has produced as identification and who did (did not) take A oath. , u--� �n I (Stamp) SignatW�q� MILvNsolEw11� * MY COMMISSION # 00 704886 NT9T oP CXPIRES; September 13, 2011 FBF F4�� Banded thru Budget Notary Se'w" Rev. 09-04-07 3 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the managing member of PARADISE DAIRY ACQUISITIONS, LLC (the "Company"), a Florida limited liability company, that the following is a true and correct copy of the resolutions adopted by the its members at a meeting held on , at the offices of the Company. RESOLVED by the members of this Company that the Company consents to and joins in the filing with the City of Miami an application for land use and zoning changes for the properties located at 636 NW 26 ST, 2451 NW 7 AVE, 636 NW 24 ST, 629 NW 23 ST, 635 NW 23 ST, 645 NW 23 ST, 655 NW 23 ST, 665 NW 23 ST, Miami, Florida (the "Applications"); and be it FURTHER RESOLVED that Gilberto Pastoriza, Esq., Estrellita Sibila, Esq. and Tony Recio, Esq. of the law firm of Weiss Serota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents pertaining to the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this 3r day of D�-L6(- , 2008. PARADISE DAIRY ACQUISITIONS, LLC 0 By: Mitchell Friedman Its: Mangaing Manager State of Florida County of Miami -Dade I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Mitchell Friedman, the managing manager of PARADIS5 DAIRY ACQUISITIONS, LLC, a Florida limited liability company, to me personally known b4 or produced identification in the form of , and who executed the foregoing resolution and acknowledged before me that she executed the same for the purposes herein expressed. WITNESS my hand and seal in the county and state last aforesaid, this day of a f db sr , 2008. NORMA A. TORRES MY COMMISSION # DD 794849 y;o EXPIRES: June 22, 2012 AF ek�fi� Bonded Thru NotaryPublic Underwriters AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Gilberto Pastoriza on behalf of PARADISE DAIRY ACQUISITIONS LLC, a Florida limited liability company , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, X including or ❑ not including responses to day to day staff inquires. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she 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. Gilberto Pastoriza Attorney(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Attorney (s) Sign twtre-- The foregoing was acknowledged before me this �i day of �g- 2008, by Gilberto Pastoriza. Esq. who is an agent of PARADISE DAIRY ACQUISITIONS LLC, a Florida limited liability company. He is personally town to me or who has produced as identification and who did (did not) takenan oath. w (Stamp) Signature MY cOMMISSION # D0 704986 EXPIRES: September 13, 2011 �r9r� .., X41 Bonded Thru Budget Notary Services DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name PARADISE DAIRY ACQUISITIONS LLC, a Florida limited liability company Louis Wolfson, III — 25% Michael D. Wohl — 25% David O. D.eutch 25% Mitchell M. Friedman — 25% Subject Property Address(es) 636 NW 26 ST, 2451 NW 7 AVE, 636 NW 24 ST, 629 NW 23 ST 635 NW 23 ST 645 NW 23 ST 655 NW 23 ST 665 NW 23 ST Telephone Number c/o Gilberto Pastoriza 305.854.0800 E-mail Address gpastoriza(a_wsh-law.com 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address NO Gilberto Pastoriza Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Description Attorney Signatu The foregoing was acknowledged before me this day of tvoue,`D--t,- 2008, by Gilberto Pastoriza, Esq. who is an agent of PARADISE DAIRY ACQUISITIONS LLC, a Florida limited liability company. He ise� rsonaln to me or who has produced as identification and who did (did not) take a oath. F Stam LYNSOMODEVILL4 (Stamp)Signature' MY COMMISSION # DD 704986 N,9T9wIvI* EXPIRES: September 13, 2011 FOF Bonded Thru Budget Notary Services PARCEL 1: 'Tract "A", HOME MILK TRACT, as per Plat thereof, recorded In Plat Book 73, Page 78, of the Public Records of Miami -Dade County, Florida, LESS that portion of Tract 'A" described as follows: Begin at the Northeast corner of said Tract "A", said point being the Point of Intersection of the West Right - of -Way line of W W. 6t' Avenue with the South Right -of -Way line of N. W. 26 Street; thence South 2 degrees 15 minutes 14 seconds East along the East boundary of said Tract "A" for 285,84 feet to the beginning of a curve concave to the Northwesterly having a radius of 25 feet and a central.angle of 89 degrees 47 minutes 46 seconds; thence run Southerly and Southwesterly 39.18 feet along.said curve to the end of curve; thence South 87 degrees 33 minutes 32 seconds West along theeet t South ntuon the Norndary of ah Tract, 180.09 feet; thence North 2 degrees 14 minutes 14 seconds West•310, boundary of said Tract; thence North 87 degrees 29 minutes 34 seconds East, 205 feet to the Point of Beginning, PARCEL 2: Lots 4 to 13 induslve, Block 3r EDGEWOOD, according to the Plat thereof, recorded In Plat book 8, Page 105, of the Public Records of Miami -Dade County, Florida, .LESS that portion of Lot 4, acquired by the. State Road Department for State Road 9-A Right -of -Way. AND LESS: The West 10 feet of Lots 10, 11, 12 and 13, Block 3, EDGEWOOD, according to the Plat thereof, as recorded in Plat Book 8, Page 105, of the Public Records of Mlaml-bade County, Florida. 1. AND LESS: That portion of Lot 10 described as follows: The external a ea of cen a ane of W curvercular 26ving -a Street andus of 25 feet and tangents which are 25 feet South 35 feet East of and parallel with the centerline of N,oW do parallel with theto Avenue. PARCEL 3: Lots 6, 7, 8 and 21 through 26 Indusive, BiQck 2, MORRIS PARK, according to the Plat thereof, recorded In Plat Book 7, Page 39, of the Public Records of Miami -Dade County, Florida, • State of Fl Department of State I certify from the records of this office that PARADISE DAIRY ACQUISITIONS, LLC is a limited liability company organized under the laws of the State of Florida, filed on June 7, 2005, effective June 7, 2005. The document number of this limited liability company is L05000056171. I further certify that said limited liability company has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on April 30, 2008, and its status is active. I further certify that said limited liability company has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Eighth day of October, 2008 = Secretary of State * Authentication ID: 500137364625-102808-LO5000056171 `OD't To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html This document was prepared by: Jeffrey Watkin, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Blvd., Suite 2500 Miami, FL 33131-5340 Tax Folio No. 65-6107650 OR 9k 24242 F9s 1163 - 1107; (Spgs) RECORDED 02/15/2006 15:32:35 DEED DOG TAX 21r300.00 SURTAX 18r225.00 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA (Above Space for Recorder's Use Only) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, dated as of the a day of January, 2006, between, NANCY JEAN DAVIS, MICHAEL O. O'NEIL, JR., and ROBERT J. GRAHAM, AS SUCCESSOR TRUSTEES OF THE JEAN MCARTHUR DAVIS TRUST UNDER AGREEMENT DATED NOVEMBER 30, 1992 (collectively, "Grantor"), with a mailing address c/o McArthur Management Company, 80 S.W. 8h Street, Suite 2110, Miami, Florida 33130, and PARADISE DAIRY ACQUISITIONS, LLC, a Florida limited liability company ("Grantee"), with a mailing address at'�� ', eplii�k�Vl VQQ J' ) , MLU11rt Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, grants, bargains, sells and conveys, and by these presents does hereby grant, bargain, sell, convey and confirm unto Grantee the land situate, lying and being in Miami -Dade County, Florida, more particularly described in Exhibit A attached hereto ("Property"), subject, however, to real property taxes and assessments for the year 2006 and subsequent years, and those matters set forth in Exhibit B attached hereto (the "Permitted Exceptions"). TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor warrants the title to the Property and will defend the same against the lawful claims of . others claiming by, through or under Grantor, except for claims arising from the Permitted Exceptions. MIAMI 973067.2 7616922233 A Book24242/Page1103 CFN#20060168932 Page 1 of 5 Grantor has executed this Deed as of the date indicated above. Signed, sealed and delivered in the presence of: l Print Name: ,Y'oQ wtAp s, -A • �� L - • Print Name: Name: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADS ') NANCY DAVI , AS SUCCESSOR TRUSTEE OF THE JEAN MCARTHUR DAVIS TRUST UNDER AGREEMENT DATED NOVEMBER 20,1992 MICHAEL 0.O'NEIL, JR., AS SUCCESSOR TRUSTEE OF THE JEAN MCARTHUR DAVIS TRUST UNDER AGREEMENT DATED N/VEMBER 20, 1992 SUCCOMR. TRUSTEE OF THE JEAN MC)WrHUR. DAVIS TRUST A EMENT DATED NOVEMBER NOVEMBER 20,1992 The foregoing instrument was acknowledged before me this 30-- day of January, 2006, by NANCY JEAN DAVIS, AS SUCCESSOR TRUSTEE OF THE JEAN MCARTHUR DA,VIS TRUST UNDER AGREEMENT DATED NOVEMBER 30, 1992. Said individual is (,I personally known to me or ( ) produced as identification. Adeihold E. Jalm�°�' Public, State of Fl da My commission expires: ` Comn*Wm # bD313983 wFJ* 24, 2008 MIAMI 973067.2 7616922233 Book24242/Page1104 CFN#20060168932 Page 2 of 5 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of January, 2006, by MICHAEL O. O'NEIL, JR., AS ' SUCCESSOR TRUSTEE OF THE JEAN MCARTHUR DAVIS TRUST UNDER AGREEMENT DATED NOVEMBER 30, 1992. Saidindividual is ( ) personally known ' to me or produced as identification. r My commission expires: Notary Public, State of Florida F ISAEIEI. G. RAM08 Qt!lMONES = W COMMISSIOM O M M18 s EXPIRES: &VW 25, W BWWmuFf "U"W*Ap q )i STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this '-j2- day of January, 2006, by R BERT J. GRAHAM, AS SUCCESSOR TRUSTEE OF THE JEAN MCARTHUR DAYIS TRUST UNDER AGREEMENT DATED NOVEMBER 309 1992. Said individual is (,/personally known to me or ( ) produced as identification. a Adslheid E' J� tart' Public, State of Flo ' My commission expires: "" ': Corolnnlbn C30313�3 ` ExpK�$ Ju4y 24 2008 ,;�; „r;, •'xo,rwc mr trn.►nwr�+o, MIAMI 973067.2 7616922233 Book24242/Pagel 105 CFN#20060168932 Page 3 of 5 PARCEL 1: Tract "A", HOME MILK TRACT, as per Plat thereof, recorded in Plat Book 73, Page 78, of the Public Records of Miami -Dade County, Florida, LESS that portion of Tract "A" described as follows: j Begin at the Northeast comer of said Tract "A", said point being the Point of Intersection of the West Right - of -Way line of N. W. 6u' Avenue with the South Right -of --Way line of N. W. 26'h Street; thence South 2 I degrees 15 minutes 14 seconds East along the East boundary of said Tract "A" for 285.84 feet to the # beginning of a curve concave to the Northwesterly having a radius of 25 feet and a central.angle of 89 ; degrees 47 minutes 46 seconds; thence run Southerly and Southwesterly 39.18 feet along. said curve to the end of curve; thence South 87 degrees 33 minutes 32 seconds West along the South boundary of said Tract, 180.09 feet; thence North 2 degrees 14 minutes 14 seconds West -310,71 feet to a point on the North boundary of said Tract; thence North 87 degrees 29 minutes 34 seconds East, 205 feet to the Point of Beginning. PARCEL2: Lots 4 to 13 Inclusive, Block 3, EDGEWOOD, according to the Plat thereof, recorded In Plat Book 8, Page 105, of the Public Records of Miami -Dade County, Florida, LESS that portion of Lot 4, acquired by the. State Road Department for State Road 9-A Right -of -Way. AND LESS: The West 10 feet of Lots 10, 11, 12 and 13, Block 3, EDGEWOOD, according to the Plat thereof, as recorded 1n Plat Book 8, Page 105, of the Public Records of Miami -Dade County, Florida. AND LESS: That portion of Lot 10 described as follows: The external area of a circular: curve having a radius of 25 feet and tangents which are 25 feet South 'of and parallel with the centerilne of N. W. 26 Street and 35 feet East of and parallel with the centerline of N. W. 7th Avenue. PARCEL 3: Lots 6, 7, 8 and 21 through 26 inclusive, Block 2, MORRIS PARK, according to the Plat thereof, recorded In Plat gook 7, Page 39, of the Public Records of Miaml-Dade County, Florida. ate,: ,, AN Book24242/Page1106 CFN#20060168932 Page 4 of 5 OR P -K 24242 RG 1.107 LAST RAGE EXHIBIT B Permitted Exceptions 1. Laws, ordinances and governmental regulations, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations, and any notices or violations of any of the preceding. 2. Restrictions, reservations, .easements, covenants, agreements, declarations, limitations and all other matters appearing of record 0950without intent to reimpose same. 3. Business Property Lease dated June 1, 1990, as amended by and between Jean McArthur Davis, as Landlord, and McArthur Dairy, Inc., as Tenant. MIAMI 973067.2 7616922233 Book24242/Page1107 CFN#20060168932 Page 5 of 5 CITY OFMIANII ') 7{'� lw DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO `� "jl HIM ICK �� a °��- SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: . �j )�' i �TO I U�► —� —(=First Name) (Middle) (Last Name) HOMEADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske P.L. (Address Line 1 2525 Ponce de Leon Blvd., Suite 700 Address Line CITY: Coral Gables HOMEPHONE: (305)854-0000 STATE: . Florida CELL PHONE: EMAIL: � S I S N V /�A BUSSINESS or APPLICANT or XT A"KXV ZIP: -4-111A FAX:(305)854-2323 BUSINESS ADDRESS: (Address Line 1) (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council., or committee. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES � NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provid or committed. Name � Address Phone# a. I C. * Additional navies can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. P",// v I ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the crimia or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoi disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or en.ft for the same issue shall be reviewed or considered by the applicable b;!ord (s) Al piration of a period of one year after the nullification of the application PERSON SUBMITTING DISCLOSURE: e; e Sworn to and subscribed before ine this 76 y of 200. The foregoing instrument was aclazotivledged before me by . who has produced as identifi.cation and/or is personally Imown to nze and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI .' MY COMMISSION, EXPIRES: Enclosurc(s) N, , tAvI mt5: September 13, 2011 ">FOFF, o�`O Banded Thru Budget Notary Services Print Name NW ren Or I4f 4 PARCIP lel ///�fJ/// .�1 , R } 9 � fl'i d 0� ASIdHAL T4 PA 1V "I rl 017 T1 a r*� ,e -•r _ ,, y..-..- y-4-• _ - d- /%� / Y / /L1 ; I Z •I y--. - —W - meg. 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