HomeMy WebLinkAboutApplication & Supp Docs•
•
Boca Raton
Fort Lauderdale
Jacksonville
Miami
Orlando
Tallahassee
Tampa
West Palm Beach
November 3, 2003
VIA HAND DELIVERY
Ms. Ana Gelabert-Sanchez
Director
City of Miami Planning Department
444 S.W. 2nd Avenue
Miami, FL 33130
Akerman
Senterfitt
ATTORNEYS AT LAW
One Southeast Third Avenue
28th Floor
Miami, Florida 33131-1714
www.akerman.com
305 374 5600 tel 305 374 5095 fax
Augusto E. Maxwell
305 755 5827
amaxwell@akerman .cam
Re: Sabrina DtEca
Applications to Amend Comprehensive Neighborhood Plan and Zoning Atlas
and Overlay District ("the Applications") from "R-3" to "C-1" with an SD-9
Overlay for properties located 5808 N.E. 4th Court and 454 N.E. 58th Street
("the Properties").
Dear Ms. Gelabert-Sanchez:
This letter accompanies Sabrina D'Eca's Applications to Amend the City's (1)
Comprehensive Neighborhood Plan ("the Plan") and its (2) Zoning Atlas and Overlay District for
properties located 5808 N.E. 4th Court and 454 N.E. 58th Street (the "5808 Property" and "454
Property," respectively or "Properties" collectively)) These Applications would change the
Properties' current designation from Medium Density Residential ("R-3") to Limited Commercial
("C-1 ") with an SD-9 Overlay. This change would allow for the adaptive reuse of a historically
significant coral structure on the 5808 Property known as the "Old Pump House," and would be
consistent with the existing commercial uses in the immediate area including the legally
nonconfoiniing parking lot on the 454 Property.
Hand built some time in the 1920's out of coral rock with a wood roof, the Old Pump
House originally served as a water utility for the then emerging Bay Shore community now
known as Morningside. After water was no longer drawn from its wells, the Old Pump House
was used as a single family residence until a fire destroyed a portion of the structure, and it was
abandoned. By 1995 the Old Pump House was completely derelict, and the City planned to
The Properties are legally described as "Lots 7, 8, 9,10, 11 of Block 14, Bayshore Unit No. 4."
M 1910002;1 }
•
•
Ms. Ana Gelabert-Sanchez
October 3, 2003
Page 2
demolish it until a group of civic activists rallied to save it. [Tab A} By June 1996, the City
agreed to waive nearly quarter million dollars in fines on the Old Pump House in exchange for a
covenant that it "be preserved as a historic landmark." ["the Covenant," Tab B] Ms. D'Eca along
with Mr. James Kilpatrick purchased the Old Pump House in 1999 and they have painstakingly
restored it to the point that it is ready for an appropriate re -use. They intend to use the Old Pump
House as an upscale hair salon, and encourage the City officials reviewing their Applications to
visit the Old Pump House.
The Covenant to preserve the Old Pump House, however, is inconsistent with the Plan's
existing R-3 designation which calls for roughly 21 townhouses on the 5808 Property.
Accordingly as things stand now, the only allowable use for the Old Pump House is as a single
family residence, which as its original abandonment amply demonstrates, is not an appropriate
use. Specifically, the Properties abut an active FEC railway and beyond that a wide swath of
warehouse space such that there is no ongoing residential or commercial presence to prevent
persons from squatting along that corridor, engaging in vandalism and thefts, and purchasing
illicit drugs. The residential uses north of the Properties consist of Section Eight housing, and
they have not served as an impediment to these illicit activities. Not surprisingly, the City's local
NET officials have voiced support for rezoning the Properties so that an adaptive reuse of the
Pump House can occur and diminish these illicit activities. Accordingly the Applications are
consistent and advance the Plan's goals of eliminating urban blight and preserving historical
structures. Objectives LU-1.2, LU-1.5. [See Tab C]
Ms. D'Eca is also requesting an SD-9 Overlay District because she recognizes that the
Properties impact the single family residential community to the north and the emerging
commercial activities to the south such that not all allowable C-1 uses would appropriate. Indeed
Ms. D'Eca is also willing to provide another covenant on the 5808 Property that would expressly
forbid any other inappropriate C-1 uses.
Based on the foregoing, your favorable review is respectfully requested. Please do not
hesitate to call me if you have any questions or if I can be of any other assistance in connection
with this matter.
AEM:agd
Enclosures
cc: Sabrina D'Eca and James Kilpatrick
Elizabeth Capote, Esq.
Very truly yours
Augusto E. Maxwell
M 1910002;1;
OFFICE OF HEARING BOARDS
444 SW 2nd Avenue, 7'" Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
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.
APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY
PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. 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.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE
ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM.
Section 62-32 of the Code of the City of Miami, periodic review of the adopted
comprehensive plan and adoption of evaluation and appraisal report reads as follows:
(a) Periodically, but not less often than once in five years or more often than once in two
years, the comprehensive plan shall be reviewed, evaluated and appraised by the
planning advisory board to determine whether changes in the amount, kind or direction
of development and growth of the city or area thereof, or other reasons, make it
necessary or beneficial to make additions or amendments to the comprehensive plan.
The Planning and Zoning Department shall prepare an evaluation and appraisal report
for the planning advisory board which shall evaluate the comprehensive plan pertaining
to the major problems of development, physical deterioration and the location of land
uses and the social and economic effects of such uses; the status of each element of
the comprehensive plan; the objectives of the comprehensive plan compared to actual
results and the extent to which unanticipated and unforeseen problems and
opportunities occurred; all as compared between the date of adoption and the date of
the report. The report shall suggest that changes needed to update the comprehensive
plan including reformulated objectives, policies and standards.
(b) The planning advisory board may recommend the report as presented, modify the report
or reject the report in duly noticed public hearing pursuant to the procedures in Section
62-31.
(c) The city commission shall adopt, or adopt with changes, the report or portions thereof by
resolution in public hearing within 90 days after the planning advisory board date of
recommendation. The city commission shall thereafter amend the comprehensive plan
based on the recommendation in the evaluation and appraisal report. Adoption of the
report and recommended amendments to the plan may be made simultaneously
Rev. 10/01 /02
pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report
shall contain a schedule for adoption of the recommended amendments within one year.
See also Article 22 of the Zoning Ordinance.
2. Two 11x17" original current surveys, prepared by a State of Florida Registered Land
Surveyor within six months from the date of application. [See Tab D]
3. An 8 % x11" copy of all exhibits that will be presented at the hearing shall be attached to this
application. [See Tab E]
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached form). [See Tab 1=
5. Complete application should be reviewed and initialed by Planning and Zoning designee
prior to submittal.
6. Cost of processing, according to the City Code:
Conservation, recreation, residential single-family duplex $ 300.00
Residential medium density multifamily $ 450.00
Residential high -density multifamily, office,
major public facilities, transportation/utilities $ 550.00
Commercial/restricted, commercial/general and industrial $ 650.00
Commercial (CBD) $ 1,200.00
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
7. This petition is proposed by:
( ) Planning and Zoning Department
(x) Other (please specify): Sabrina D' Eca on behalf of Al ➢' Eca & Ass. and Mark's Classic
8. The subject property is located at: 5808 N.E. 4tn Court and 454 N.E. 58t" Street
Folio number: 01-3218-038-0170 and 01-3218-038-0180
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 7, 8, 9, 10, 11
Block(s) 14
Subdivision Bayshore Unit No. 4 PB 16-30
Rev. 10/01/02
•
•
•
9. The undersigned being the owner or the representative of the owner, of the subject property
do(es) respectfully request the approval of the City of Miami for the following amendment(s)
to the Miami Comprehensive Neighborhood Plan for the above -described property as
indicated in the Land Use Plan:
FROM:
TO:
Medium Density Multifamily Residential
Restricted Commercial
10. Please supply a statement indicating why you think the existing plan designation is
inappropriate:
[See Tab Gj
11.._ Please supply a statement justifying your request to change the plan to your requested
plan designation.
[See Tab G]
12. What is the acreage of the property being requested for a change in plan designation?
.62 acres
13. Has the designation of this property been changed in the last year? No
14. Do you own any other property within 200 feet of the subject property? Yes
If yes, has this other property been granted a change in plan designation within the last
twelve months? No
15. Have you made a companion application for a change of zoning for the subject property
with the Hearing Boards Division? Yes
16. Have you filed with the Hearing Boards Division a(n):
• Owner's list form? Yes
• Affidavit of ownership? Yes
• Disclosure of ownership form? Yes
• List of owners of property within 500 feet of the subject property? Yes
If not, please supply them.
Rev. 10/01 /02
3
17. is the property within the boundaries of a historic site, historic district or archeological zone
designated pursuant to Chapter 23 of the Miami City Code?
18. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code?
19. What is the purpose of this amendment?
Allow for the adaptive reuse of a historic landmark and better reflect the area's comrnercial uses.
Rev. 10/01/02
Signature
Name
Address
Telephone
Date
4
Augusto E. Maxwell
Akeiflian Senterfitt
One S.E. Third Avenue
28th Floor
.................. .
Miami, Florida 33131
- 305-755-5827
•
•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ 'e „ day of `< z'
20 , by bra 0 E who is an individual
personally known to rr'ne or who has produced as
identification and who did (did not) take an oath.
(Stamp)
,,�* Miiism [Aran
• any C.onxMssion W11l1111
14.4:„„mod Expires March 31. 2007
Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by of
a
corporation, on behalf of the corporation. He/She is personally known to me or has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by partner (or agent) on
behalf of , a partnership.
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) Signature
Rev. 10/01 /02
5
•
•
•
ATTACHMENT TO APPLICATION TO AMEND
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("the Plan")
Responses to Questions
Question 10
The Plan's existing Medium Multi -Family (R-3) designation is inappropriate since it does
not adequately contemplate a (1) City Covenant preserving the existing historical structure on the
Property, (2) an existing nonconforming commercial use on the Property itself and another
across the street, and (3) the impact of an adjacent FEC railroad corridor.
First, as documented in the enclosed copy of a 1995 Miami Herald article, an
extraordinary effort by concerned citizens saved the existing coral rock structure at 5808 NE 4th
Court from imminent demolition. [Tab A] The structure, also known as the "Pump House,"
once served as the area's water station. After brief use as a single family structure it was
abandoned and became a source of urban blight. In 1996 the City waived $245,750.00 in liens
on the Pump House in exchange for a Covenant that the "structure shall be preserved as a
historical landmark." [Tab B] Preservation of the Pump House, however, precludes
development consistent with the Plan's Medium Multi -Family Residential (R-3) designation such
that the only available use is as a single family home. That use however, is inappropriate as it
would abut an active FEC railroad, commercial parking and public housing to the north. Not
surprisingly the Pump House has been unoccupied under the current R-3 designation for over a
decade and has been a source of urban blight.
Second, the Plan's R-3 designation is also at odds with several legally nonconforming
uses in the area, including the parking that exists on the Property itself at 454 NE 4th Court.
This parking lot serves the commercial uses on both sides of 4th Court and is inconsistent with a
single family residential use at the Pump House. Likewise there is an existing legally
conforming dance studio across the street at 5615 NE 4th Court.
Finally, the active FEC railroad corridor that abuts the Property on its west further
undermines the appropriateness of single family residential use on the Property. The properties
immediately west of the FEC railroad are all commercial such that there is no residential
presence to discourage illegal and transient activities along these tracts.
In summary, the existing R-3 designation is inappropriate because it frustrates the
adaptive reuse of one of this City's historic assets, has failed to eliminate urban blight and
appropriately redevelop the area.
Question 11
Changing the Property's designation to Restricted Commercial (C-1) is justified by the
dominant commercial uses in the area, the existence of a unique historic structure on the
Property, and the abutting active EEC railroad corridor.
(M 18b3202;1
•
•
•
As the very decay and neglect of the Pump House that nearly lead to its demolition amply
demonstrated [Tab Al single family use of this Property is not feasible, and demolition of the
Pump House to develop it along its underlying R-3 zoning is not only prohibited by a Covenant
with the City [Tab B], but it would lead to an undesirable loss of one of Miami's unique historic
structures.
Extending the Plan's existing C-1 designation northward only two lots to include the
Pump House is more consistent with the area's commercial activity including the existing legally
nonconforming parking on the Property itself at 454 NE 58th Street, and the dance studio across
the street at 5615 NE 4th Court. Also an appropriate commercial use will allow the public to
experience the Pump House interior.
Also, recognizing the abutting residential uses and the unique commercial properties in
the area the Applicant has accompanied this request with one for an SD-9 Overlay district to
provide an appropriate restriction on otherwise allowable C-1 uses on the Property. Likewise the
Applicant is willing to proffer a restrictive covenant if necessary to further assure the
compatibility of rezoning the Pump House.
;M1863202;J }
•
•
•
Goal LU-1:
MIAMI MASTER PLAN EXCERPTS
Maintain a land use pattern that (1) protects and enhances the quality of life in the
city's residential neighborhoods; (2) fosters redevelopment and revitalization of
blighted or declining areas; (3) promotes and facilitates economic development
and the growth of job opportunities in the city; (4) fosters growth and
development of downtown as a regional center of domestic and international
commerce, culture and entertainment; (5) promotes the efficient use of land and
minimizes land use conflicts; and (6) protects and conserves the city's significant
natural and coastal resources.
Policy LU-1.2.1: The City defines blighted neighborhoods as areas characterized by the
prevalence of older structures with major deficiencies and deterioration, high
residential vacancies, widespread abandonment of property, litter and poor
maintenance of real property. Declining neighborhoods are defined as areas
characterized by the prevalence of structures having minor deficiencies, a general
need for improvements in real property, significant declines in real property
values, high vacancy rates in commercial structures and increasing difficulty in
obtaining insurance. Neighborhoods threatened with decline are defined as areas
characterized by significant but infrequent property maintenance neglect, an aging
housing stock, declining property values, general exodus of traditional residents
and influx of lower income households.
Objective LU-1.2: Promote the redevelopment and revitalization of blighted, declining
or threatened residential, commercial and industrial areas
Policy LU-1.2.1: The City's land development policies will be consistent with affordable
housing objectives and policies adopted in the Housing element of the Miami
Comprehensive Neighborhood Plan.
Policy LU-1.2.3: The City's residential, commercial and industrial revitalization programs
will continue to place highest priority on protecting neighborhoods threatened
with declining conditions, second priority to reversing trends in declining areas,
and third priority to removing blighted conditions, and the City will continue its
efforts to secure federal and state aid in developing comprehensive redevelopment
programs.
Objective LU-1.5:
Policy LU-1.5.1:
Land development regulations will protect the city's unique natural
and coastal resources, and its historic and cultural heritage
Development orders in the city will be consistent with the goals,
objectives and policies contained in the Natural Resource Conservation
and Coastal Management elements of the Miami Comprehensive
Neighborhood Plan
{ M1910107;1 } 1
•
•
•
Policy LU-1.5.2.: Land use regulations and development policies will be consistent with the
intent and purpose of Miami -Dade county's Waterfront Charter Amendment,
Shoreline Development Review Ordinance, and the rules of the Biscayne Bay
Aquatic Preserve Management Area.
Goal LU-2: Preserve and protect the heritage of the City of Miami through the identification,
evaluation, rehabilitation, adaptive reuse, restoration and public awareness of
Miami's historic, architectural and archaeological resources. {See Coastal
Management Goal CM-5.)
{M1910107;1 } 2
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared A sTD
, 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 which he/she represents, if any, have given their 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
accompanying petition, including responding to day to day staff inquires; ❑ not including responding to
day to day staff inquiries in which case he/she should be contacted at
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.
A-040-0 STa tom`1Pew
)„0
Applicant Name Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
'he fore oing instn meat was acknowledged before me this 1 J day of4—L1
20t? , by �1 ,'! -� U . (Yl Ki-Y W 2J( who is a(n)
individual/partner/agent/corporation of a(n)
individual/partnership/corporation.. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
{M2087310;1 }
*'+. E4anca E Fernandez
* jp My Commission CC948697
Expires Junes 25, 2004
' cc -& PJ� C PCB rQ ��
Signature V
DISCLOSURE OF OWNERSHIP
110
•
1. Legal description and street address of subject real property: Lots 7 and 8 in BLK 14 OF
BAYSHORE UNIT NO. 4, according to the Plat thereof, as recorded in Plat Book 16, at
Page 30, of the Public Records of Dade County, Florida.
Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami 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 shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and proportionate
interest. (See below; please supply additional lists, as applicable.)
Owner's Name Al D' Eca & Associates Investments, Inc.
Mailing Address 787 N.E. 72 Street, Miami, FL Zip Code 33138
Telephone Number (305) 759 3116
Shareholder: Joyce d'Eca, 925 Darien Way, San Francisco, CA 94127 (100% shares)
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 500 feet of the subject real property. (See
below; please supply additional lists, as applicable.)
Street Address Legal Description
See Attached
Augusto E. Maxwell
Attorney for Owner Name Owner or Attorney for Owner Signature
2Cr,b by /i %S IQ iI? fi}t,-''LL--
1 , 4 - a tiara of A I b 'EG =.� dC lG .Teifosi. e 7 ,
a( orporation. 14/She is personally known to me or who Fias
as irtentificatiet and who —(did not) take an oath.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this , L3U H^day of ClCi Q
who is a(n)
(Stamp)
lgnature
{M2026882;1 }Rev. 08/15/03
•
Owner's Name:
Mailing Address:
Telephone Number:
Legal Description:
OWNER'S LIST FOR 5808 N.E. 4 CT.
AL D'ECA & Associates Investments, Inc
787 N.E. 72 Street, Miami, Florida 33138
305-759-3116
Bayshore Unit No. 4 P.B. 16-30 Lots 7 &8 Blk 14
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
None.
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 9th day of September, 2003,
by SABRINA D'ECA, of AL D'ECA & ASSOCIATES INVESTMENTS, INC., a Florida
corporation, on behalf of the corporation. She is personally known to me and who did not take
an oath.
OTARY PUB
4'6i64. 6.
F FLORIDA
cy
(Print,Type StampCommissioned Name of �Qotary Public)
or
OFFC! J I4 SEAL
ALICE G DACY
NOTARY PUBLIC STATE Of IWRIDA
COMMISSION MO. CC1 5674 1
MY COM[Mi5SiON
(M1898629;1 }
DISCLOSURE OF OWNERSHIP
•
•
. Legal description and street address of subject real property: Lots 9, 10 and 11, Block 14, of BAY
SHORE UNIT NO. 4, according to the Plat thereof as recorded in Plat Book 16, Page 30, of the Public
Records of Miami -Dade County, Florida
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of
Miami 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 shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their addresses and proportionate interest. (See below; please
supply additional lists, as applicable.)
Owner's Name Mark's Classics Corp., a Florida corporation
Mailing Address 5580 N.E. 4 Court, Miami, FL 33137
Telephone Number (305) 759-8277
Shareholder of Mark's Classics Corp.
Shareholder of Mark's Classics'Corp.
Mark Soyka (50% interest)
5580 N.E. 4 Court, Miami, FL 33137
Gabrielle Soyka (50% interest)
5580 N.E. 4 Court, Miami, FL 33137
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 500 feet of the subject real property. (See below; please supply
additional lists, as applicable.)
Street Address
SEE ATTACHED
Mark's Classics Corp.
Owner or Attorney for Owner Name
Legal Description
orney for Own
r " ignature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this /day of October, 2003, by
MARK SOYKA as President of MARK'S CLASSICS CORP., a Florida corpo . on, wh• is personally
known to me nd who did
(did not) take an oath.
(Stamp)
{M2026882;1 }Rev. 08/15/03
•
OWNER'S LIST
Owners Name: Marks Classic Corp.
Mailing Address: 5580 N.E. 4th Court, Miami, FL 33137
Telephone Number: 305-759-8227
Folio #
Address
Lot Size:
Legal Description:
01-3218-038-0180
454 N.E. 58 ST
13,347 SQ FT
BAYSHORE UNIT NO 4 PB 16-30 LOTS 9-10-11 BLK 14 LOT SIZE
13347 SQUARE FEET OR 18651-4234 0699 2 (2)
Other Properties owned by Mark's Classic Corp. within 500' of 5808 N.E. 4th Ct. and 454
N.E. 58 ST are the following:
Folio
Address
Lot Size:
Legal Description:
Folio
Address
Legal Description:
Folio
Address
Legal Description:
Folio
Address
Legal Description:
Folio
Address
Legal Description:
01-3218-019-0020
485 N.E. 54 ST.
10,332 SQ FT
18 53 42 .2372 AC PIERCES LEMON CITY CORR-AMD PB 31-72
BEG SW COR TR A TH E TO SE COR NELY ALG E/L 203.12FTW TO
E/L RR R/W SWLY ALG R/W TO POB LOT SIZE 10332 SQUARE
FEET
01-3218-038-0250
5640 N.E. 4 CT.
BAYSHORE UNIT NO 4 PB 16-30 LOTS 19 THRU 26 INC BLK 14
LOT SIZE 205.000 X 115 OR 18430-4073 1298 2 (2)
01-3218-038-0300
5582 N.E. 4 CT.
BAYSHORE UNIT NO 4 PB 16-30 LOTS 27 THRU 32 & N6.33FT OF
LOT 33 BLK 14 LOT SIZE 156.33 X 150 OR 18430-4073 1298 2 (2)
01-3218-038-0305
5580 N.E. 4 CT.
BAYSHORE UNIT NO 4 PB 16-30 S18.67FT OF LOT 33 & ALL OF
LOTS 34 THRU 38 BLK 14 LOT SIZE 143.67 X 150 FAU 01-3218-038-
0300
01-3218-038-0310
5556 BISCAYNE BLVD.
18 53 42 BAYSHORE UNIT NO 4 PB 16-30 LOT 39 & 40 BLK 14 LOT
SIZE 65.060 X 150 UNITY OF TITLE/OR 18472-0412 ENTERPRISE
ZONE ABATEMENT
{MI863244;2
•
Folio
Address
Legal Description:
*Folio
Address
Legal Description:
*Folio
Address
Legal Description:
01-3218-019-0010
487 N.E. 54 ST.
18 53 42 .4328 AC PIERCES LEMON CITY CORR-AMD PB 31-72
BEG NW COR TR A E115.86 FT SLY203.14FT W TO W LINE TR A N
TO POB LOT SIZE SITE VALUE
01-3113-065-0330
5600 N.E. 4 AVE.
DIXIE HIGHWAY TRACT PB 5-24 LOTS 1, 18, 19, 20 & 21 BLK 3
LOT SIZE 37314 SQUARE FEET
01-3113-065-0340
368 N.E. 57 ST.
DIXIE HIGHWAY TRACT PB 5-24 LOTS 2 & 3 BLK 3 LOT STZE
9000 SQUARE FEET
*Other Properties owned by Railroad Park, Inc., a Florida corporation, an entity related to
Mark's Classics Corp., within 500' of 5808 N.E. 4th Ct. and 454 N.E. 58 ST.
{ M I863244;2 }
•
•
•
of_
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this IC day
hit( i 9 1 rn by SA .VA � TORE PATRONAGGIO (hereinafter referred
l I
to as( tie "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality
located within the State of Florida (hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owner holds fee -simple title to certain Property in the City of
Miami. State of Florida (the "CITY"), consisting of
LOTS 7 & 8 IN BLK I4 OF I3AYSHORE UNIT NO 4,
according to the Plat thereof, as recorded in Plat Book 16,
at Page 30, of the Public Records of Dade County, Florida;
AKA 5808 N.E. 4 COURT, Miami, Florida.
(the "Property"); and
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be covenants running with the land and binding upon the Owner of the
Property, and its heirs, successors and assigns as follows:
Section I.
The recitals and findings set forth in the preamble of this Declaration are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
•
•
Cite of Miattu/Declaration of Rcstriet e Cavcnams
Property address: 5808 N.E 4 Court
Section 2. Secure & Maintain Premises
The Owner agrees to keep the structure secured, to prevent vandalism and
unauthorized tenants, until such time that the property is rehabilitated. The owner agrees
to maintain the property which includes keeping the property free of debris and excess
vegetation.
Section 3. Occupancy of Structure
The Owner agrees that the Property and the structure shall remain vacant from any
residents, tenants or occupants whatsoever until such time that a certificate of occupancy
is issued and the property complies with the South Florida Building Code. The Owner
further agrees that all openings to the structure shall be secured and shall be maintained in
a secure manner during all times which repairs are not being performed on Property.
Section 4. Use of Dwelling
The Owner agrees that the Property and the structure shall be repaired in a manner
which complies with the City of Miami Zoning Ordinance and that the structure shall be
preserved as a historical land mark. Any use, other than the approved zoning, must be
approved by the City of Miami.
Section 5. Payment of Outstanding Debts
The CITY agrees to waive the existing code enforcement liens as long as the
property remains in compliance with the South Florida Building Code, the City of Miami
Code and the City of Miami Zoning Ordinance. Failure to maintain the property will
result in the reinstatement of the code enforcement liens in the amount of $245,750.00.
AR: W9002.DOC
City of Miami/Declaration of Restrictive `'ov enants
Property address: 5N08 N.E. 4 Court
•
•
Section 6. Amendment and Modification
This instrument may be modified, amended or released as to any portion of the
Property by a written instrument executed by the Owner of the fee -simple title to the land
to be affected by such modification, amendment or release, providing that same has been
approved by the City of Miami Commission after a public hearing which public hearing
shall be applied for and at the expense of the Owner. Should this instrument be so
modified, amended or released, the Director of the City's Planning, Building and Zoning
Department or his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release.
Section 7. Term of Covenant
This voluntary covenant on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner, its successors and assigns for an initial period
of thirty (30) years from the date this instrument is recorded in the Public Records of Dade
County and shall be automatically extended for successive periods of ten (10) years
thereafter unless modified, amended or released prior to the expiration thereof
Section 8. ,Inspection and Enforcement
It is understood and agreed that any official inspector of the City may have the
right any time during normal working hours of entering and investigating the use of the
Property to determine whether the conditions of this Declaration and the requirements of
the City's building and zoning regulations are being complied with. An enforcement
action may be brought by the City or by any property owner within 375 feet of the
Property by action in law or in equity against any party or person violating or attempting
AR:WO )O2.D()C
City of Miami/Declaration of Restrictive Co; enarits
Property address: ;RUR N.E. 4 Cowl
•
to violate any covenants of this Declaration, or provisions of the building and zoning
regulations, either to restrain violations or to recover damages. The prevailing party in the
action or suit shall be entitled to recover costs and reasonable attorney's fees. This
enforcement provision shall be in addition to any other remedies available under the law.
Section 9. Sewerability
Invalidation of any one of these covenants by judgment of Court shall not affect
any of the other provisions of the Declaration, which shall remair, in null force and effect.
Section 10. Recording
This Declaration shall be filed of record among Public Records of Dade County,
Florida, at the cost of the Owner.
IN WITNESS WHEREOF the undersigned have set their hands and seals this
(0 day of
WITNESSES:
„x4(q0-71-
MgTgaret R. Tynan
as to Salvatore Patronaggio
Litt
, 19n
•
APPROVED AS TO FORM AND
CORRECTNESS:
IA.Q
City Attorn1cy/
/ /
AR:W0002. DOC
III
4
By: 4.2tA OeU;77.
ALVATORE PATRONAGIO, Own
921 N.,. 72nd Street
Miam. Flea 33138
By. ?�t�
CARLOS F. SMITH
Director, Building & Zoning
This Document Prepared By
City of Miami Law Department
City of Miami,De aration of Restricti‘c Covenants
Property address: 5808 4 Court
•
STATE OF FLORIDA
COUNTY OF DADE
Before me, the undersigned authority, personally appeared SALVATORE
):SS
PATRONAGGIO, Owner, to me well known to be the person described herein or who
LOW
has produced the following identification: l,'R U E( ,f a'11t l; J j :aYt who
executed the Foregoing instrument, Declaration of Restrictive Covenants, and who
acknowledged to and before me that he executed said instrument under oath, and for the
purpos therein expressed.
tau -- !ata (L(L,
Nota Public, State of Florida at La
My Comrnission Expires:
(SEAL)
AR:W0002,DO C 5
Notary Pak, State of Florida
PIERCE H. MULLALLY
My Comm. Exp. Mar. 19. :Al
Comm. No, CC 269478
This instrument prepared by
R :1865.1114234
anti when recorded return to:
AN DREW 1.. SIPOS,JR_, ESQUIRE:
Suite 302, 250 Bird Road cr79R309 8a 1999 ..JUN 15 13:
Coral Gables, Florida 33146
Pro Deily Appraiser's
Parl.el Identification No.
Grantee EIN. Dt3CSTPDEE 10)50.00 SURIX
HARVEY RUVIN: CLERK DADE COUNTY,
WARRANTY 1313,E13 (STATUTORY FORM - SECTION 689.02, F.S.)
'1"1-I1S INDENTURE, made June/I. 1999, Between, NORTHEAST MIAMI WOMAN'S
CLUB, INC. a Florida nonprofit corporation, formerly known as Northeast Miami Woman's Club
and North Miami Woman's Club, whose post office address is 454 N.F. 58th Street, Miami, FF.
331.37 , of the County of Mianii-Dade, State of Florida, as Grantor*, and MARK'S CLASSICS
CORP., a Florida corporation, whose post office address is 5580 N.E. 4'i' Court, Miami, FL 33137,
of tl=e County of Miami -Dade, State of Florida, as Grantee*,
WJTNJ3SSRTI-i, that said Grantor, lbr and in consideration of the sum of Ten Dollars
($I0 00), and other good and valuable consideration to said Grantor in hand paid by the Grantee,
the raceipt whereof is hereby acknowledged, has granted, bargained and sold tci the Grantee and
Gran:ee's heirs and assigns forever, the following described land, situate, lying and being in Miami -
Dade County, Florida, to -wit:
Lot 76, less the south twelve and one-half (12 1/2) feet thereof, Lots 17, 1 8, 19 and
20, Block 15, and Lots 9, I 0 and 1 I, Block 14, all of BAY SHORE UNIT NO. 4,
according to the Plat thereof, recorded in Plat Book 16, page 30 of the Public
Records of Miami -Dade County, Florida.
Subject to conditions, restrictions, (imitations and easements of record, if any,
applicable zoning regulations, taxes for the current year and subsequent years.
and thy. Grantor :foes hereby fully warrant the title to said land, and will defend the saute against the
lawful claims of all persons whomsoever.
*"Grantor" and "Grantee:" are used for singular of plural, as context requires.
1N WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in
:SS
COUNTY OF Miaini-Dade
By:
NORTHEAST MIAMI WOMAN'S CLUB,
INC. a Florida non-profit corporation
President
'IHI FOREC1OIN(i instrument was acknowledged before me this June , 1999 by Charlotte
C'oxc as President of NORTHEAST MIAMI WOMAN'S CLUB, INC. a Florida non-profit
corporation, who is personally know tts""rii �`ctr t') has pr9duced l �� i�r�•a as
identificzticsn and who did (did not) ake an e
Or(X.Ifi }..: W 1N nr-FiCtM. n 44011
tx tiAOi: rx,LwrY,
rM;Gt;!Wh VI: PH,FO
IIARVI Y RiiVIN
G.I.Fpre.:7ftSr Mf COURT
(printed name)
N( l'ARY 1'i.l131.IC — .5 7 l�•.� - '�
Serial No.
p,Y Mt" LINDA tR. eAltElg .
. , CONSAIBsloN # CC 624444
EXPIRES JAN 11, 2000
NDNEn TD1NGnuCO., INC.
'6t t ATI.ANTICao5nN
-e..;.red by and return to:
Richard Gonzalez,Esq
Attorney at Law
Richard Gonzalez, P.A.
407 Lincoln Road, Suite 4-E
Miami Beach, Florida 33139
305-531-5200
Fite No.: RG99-0107
Will Call No.:
[Space Above This Line For Recording Data)
1879 I P62 198
13ee.
9'9R4 9O 1 14• 1999 SEP 22 13:21
Warranty Deed
This Warranty Deed made this 1Ith day of September, 1999 between
Salvatore Patronaggio, a single man
whose post office address is
921 NE 72 Street, Miami, Florida 33138
grantor, and DOCSTPDEE 1,248.00 SIiRTK 936.00
Al d' Eca & Associates Investments, Inc., a Florida Corporation HARVEY RUVIHr CLERK DADE COUNTY, FL
whose post office address is
787 NE 72 Street, Miami, Florida 33138
grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, Legal representatives, and
assigns of individuals. and the successors and assigns of corporations, trusts and trustees)
WITNESSETH, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Miami -Dade County, Florida to -wit:
Lots 7 & 8, Block 14, BAYSHORE UNIT, NUMBER FOUR, according to the Plat thereof, as recorded in Plat
Book 16, Page 30, Public Records of Miami -Dade County, Florida.
Parcel Identification Number: 01-3207-032-0590
Subject to taxes for 1999 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully
warrants the title to said land and will defend the same against the lawful claims of ail persons whomsoever; and
that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1998.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Salvatore Patrons--a.o
12,1 P E —7 eaC ST?ee 7
H i o vri i, Ft—
3
(seal.)
RECORDED IN OFFICIAL RECORDS sop![
OF DADE COVNTV. FLORIDA_
RECORD VERIFIED
HAF VEY RIJVIN
CLERK CIRCUIT COURT
instrument was acknowledged before me this 1Ith day of Septembe 9 by Salvatore
o is personalty known to me or has produced a Driver' teen j- identificatio
u.lic
Printed Name:
My Com