HomeMy WebLinkAboutPZAB (15455) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-015
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15455 Date Rendered: 4/23/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL OF AN ORDINANCE
OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE
ZONING CLASSIFICATION FROM: "T5-O" URBAN CENTER TRANSECT ZONE -
OPEN TO "T6-8-O" URBAN CORE TRANSECT ZONE - OPEN OF THE PROPERTY
GENERALLY LOCATED AT 43 NORTHEAST 53 STREET, 40 NORTHEAST 54
STREET, AND 50 NORTHEAST 54 STREET, MIAMI, FLORIDA, (COLLECTIVELY,
THE "PROPERTY") MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
RECOMMENDING DENIAL OF THE VOLUNTARILY PROFFERED COVENANT,
ATTACHED AND INCORPORATED AS EXHIBIT "B"; ; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property is generally located at 43 Northeast 53 Street, and 40 and 50
Northeast 54 Street, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A," ("Property") is zoned "T5-O" Urban Center Transect Zone — Open on
the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, Alfredo L. Gonzales, Esq., on behalf of 53rd Street Apartments, L.P.,
("Applicant") submitted a request to change the zoning classification from "T5-O" Urban Center
Transect Zone - Open to "T6-8-O" Urban Core Transect Zone — Open for the Property; and
WHEREAS, on January 11, 2024, the Miami City Commission voted unanimously to
grant the 18-month waiver of time required between petitions to rezone; and
WHEREAS, the Property is approximately 42,750 square feet (0.98 acres) of land;
WHEREAS, the Future Land Use Map designation is Restricted Commercial; and
WHEREAS, the request to rezone the from "T5-O" Urban Center Transect Zone - Open
to "T6-8-O" Urban Core Transect Zone — Open is consistent with the Property's existing future
land uses ("FLU") of Restricted Commercial, therefore, a concurrent Comprehensive Plan
Amendment is not required; and
WHEREAS, the Property is bounded by Northeast 54th Street to the north and Northeast
53rd Street to the south; and
WHEREAS, the Property is located in a portion of the Little Haiti neighborhood where
there are a variety of zoning designations, commercial uses, and housing types; and
Date Rendered: 4/23/2024
City of Miami Page 1 of 3 File ID: 15455 (Revision:) Printed On: 4/23/2024
WHEREAS, the proposed change from "T5-O" Urban Center Transect Zone — Open to
"T6-8-O" Urban Core Transect Zone - Open classification would result in higher intensity and
taller development; and
WHEREAS, the Applicant proffered a Restrictive Covenant to be recorded on the
Property requiring that ten percent (10%) of the Dwelling Units developed on the Property shall
be made available for rent by Owner and shall be Workforce Housing serving residents at or
below one hundred percent (100%) of the Area Median Income ("AMI") as published by the
United States Department of Housing and Urban Development, annually, and certified by the
City Housing and Community Development Department; and
WHEREAS, the Planning Department found that the proposed application is inconsistent
with Miami 21, Article 7, Section 7.1.2.8.f.1 and inconsistent with Miami 21, Article 7, Section
7.1.2.8.f.2; and
WHEREAS, the Planning Department recommended denial of the rezoning application
from "T5-O" Urban Center Transect Zone - Open to "T6-8-O" Urban Core Transect Zone —
Open; and
WHEREAS, Planning, Zoning, and Appeals Board ("PZAB") gave full consideration to
the Director's recommendations and evaluated whether the application should be granted; and
WHEREAS, the PZAB conducted a quasi-judicial public hearing on the rezoning
application and made its recommendations based on whether the criteria in the Miami 21 Code
were met; and
WHEREAS, the PZAB has considered the goals, objectives, and policies of the Miami
Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, the PZAB considered the need and justification for the proposed change,
including changed or changing conditions that make the passage of the proposed change
necessary; and
WHEREAS, the PZAB considered whether the change would maintain the goals of the
Miami 21 Code to preserve Neighborhoods and provide transitions in intensity and Building
Height; and
WHEREAS, the PZAB, following a public hearing, recommends denial of the requested
change;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends that the
City Commission deny the request to amend the Zoning Atlas of Ordinance No. 13114, the
Zoning Ordinance of Miami, Florida, as amended, ("Miami 21 Code") changing the zoning
classification from "T5-O" Urban Center Transect Zone - Open to "T6-8-O" Urban Core Transect
City of Miami Page 2 of 3 File ID: 15455 (Revision:) Printed On: 4/23/2024
Zone — Open, for the Property generally located at 43 Northeast 53rd Street 40 and 50
Northeast 54th Street, Miami, Florida, as described in Exhibit "A," attached and incorporated,
and denial of the Covenant attached and incorporated as Exhibit "B".
Section 3. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 15455 (Revision:) Printed On: 4/23/2024
LEGEND:
BEONLR
MR
ANCHOR
o CONCRE, POWER POLL
A CAS VALVE
O MONUMENT
• Y SEWER MANHOLE
E- l WATER METER
A WATER VALVE
BM, WOOD ROMER POLE
PALM
07EE
ABBREVIATIONS.
BBL
(FH10
C
M )LRW
NO
iY B.
PR
(B,
8
= BASE BUILDING LINE
= ENGINEERING COMPANY
LOT
LOT 17
u, vnKn.eMJ
BOUNDARY SURVEY
LYING IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EAST,
CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA
Ri
CROUND
N.E. 54th STREET
CAOIMO
N.E. 53rd STREET
SURVEYOR'S NOTES:
- LEGAL DESCRIPTION IS BASED ON THE VJABRANTE DEED FEGORDED IN ORB. 3.2739-06/5 AND
32739-0500.
OR MAKES NO STATEMENT AS To OWNERSHIP (PROPERTY LINES DEPICT ICE LIMITS OF ICE
LEGAL
- THIS SITE MES SECT,N 24, TOMS,. 53 SOUTH, RANCE 4? EAST, DADE COUNTY, FLORIDA.
- THE SUBJECT PROPER,' CONTRAS AN AREA of 42,744 SQUARE FEET (0 gel ACRES MORE OR LESS).
STATE- BE ARINGS SHOWN HEREON WERE DERIVED FROM COORDINATES RELATIVE TO THE COORDINATE SYSTEM, 983/2007 ADJUSTMENT
(NADe /O,) AND ARE REFERENCED TO THE SOUTH LINE OF NE 541n STREET, HAVING A BEARING OF
- DIMENSIONS AND DIRECTIONS INDICATED HEREON ARE CALCULATED FROM FIELD MEASUREMENTS. USING
CRS EOUIPMENT, A TOTAL STATION, AND A MEASURING ,PE, UNLESS 0,ERWISE NOTED.
- BUILDING DIMENSIONS SHOWN HEREON WERE MEASURED AT GROUND LEVEL ALONG HE EXTERIOR
= MEASURED OR CALCUL,. FROM la° MEASOREMEN7S F ACE, UNLESS 0,ERMSE INDIO, ED,
= CN,N L., FENCE - TIES FROM PROPERTY LINES TO BUILDING ARE TO THE EXTERIOR F ACE OF BUILDINGS PERIME TER
= vev IRON REBAR AND CAP
= NORTH
=',iMTA'L RECORDS BOOK
WALLS; UNDERGROUND FOUNDATIONS HAVE NOT BEEN LOCATED OR SHOWN.
- SY MBOLS ARE NOT SHOWN TO SCALE.
- NO ATTEMPT WAS MADE ,E SURVEYOR TO LOCAYE UNDERGROUND UTILITIES
- TREES WERE LOCATED BUT NOT iDENOFIED
- Oalf,r1,,,NBERS AND ADDRESSES WERE OBTAINED FROM THE WWI- DADE PROPERTY APPRAISER'S
- UNDERGROUND IMPROVEMENTS AND/OR UNDERGROUND EN,24,MENT5. WHERE
VISIBLE A T SURFACE GROUND LEVEL HAVE NOT BEEN LOGAYED OR SHOWN INCLUDING BUT NOT
MMOED TO BUILD iNGS, STRUCT UR AL APPURTENANCES, STORM DRAINAGE SY STEMS, TANKS OR RUBBISH
SOL PER CM
5 80 RN
ma nTnoomary
LOT
S87e628'W (G)
LOT T2
LOT 23
oNON
- ,E ACCURACY OF ,E SURVEY MEASUREMEN7 S SHOWN HEREON IS BASED ON ,E TYPE OF
- O ATOF- APPURTENANT THERETPTEMPT WAS MADE BY THE SURVEYOR TO TOWNERSHIP AND/OR
MINERAL RIGHTS OWNERSHAND/OR
RI
LOT .1
LOT 24
60Y,
t
GRAPHIC SCALE
Z I
LEGAL DESCRIPTION:
NE 54TH STREET
LOCATION MAP
NOT TO SCALE
LOT 7, LESS ,E NOR, 15 FEET ,EREOF. ORCHARD VILLA C T ADDITION. ACCORDING TO ,E PLAT
THEREOF ON FILE IN ,E CLERK. OF ,E CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
RECORD IN PL A T BOOK 2 PAGE 84: SAID LANDS. SI,ATE, LYING AND BEING IN MIAMI-DADE COON,
1 (LESS THE
IN THE CLERK OF THE SOU, 5 FEET THEREOF).
ORCHARD VILLA OTHE FON FILE
IRCUITCOURTIN AND FOR MIAMI-DADE COUNTY
FLORIDA
FLORIDARECORDINPLATBOOK 2 PAGE 84; SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY. F LOB IDA.
- 7HIS SURVEY DOES NOT MAKE ANY REPRESENTAWONS , ZONING. SETBACKS, OR AND
DEVELOPMENTS RESTRICTIONS WI,IN ,E SURVEY LIMMS. NO INFORMATION RE CARDING ,IS WAS
PROVIDED TO ,E SURVEYOR. LOT 18. OR CH ARD VILLA TRACT ADDITION. ACCORDING TO ,E PL A T ,EREOF ON FILE IN ,E CLERK OF
AND FOR MIAMI-DADE COLIN,, FL 0,DA RECORD IN PLAT BOOK T. PAGE 84;
- ,E LOCATION OF HE BASE BUILDING NE (BBL) SHOWN HEREON WAS DETERMINED PER SAID LANDS SI,A TE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA,
DEFINITIONS DES,IBED IN SECTION 54-190(81) NON-STANDARD STREET WIDTHS
FOUND- ,ERE MAY BE ADDCYONAL IN THE LAWS of
THE CITY OF MAW. MIAMI-DADE COON,, A THE STATE of FLORIDA.
ZONING ABBREVIATIONS: LINE AND HATCH TYPES:
T4 R JTRANSE T 9 - RESTRICTED
MBURB
T5-0 =
,°, -EN
'9°RBAW
-OPEN
(SUBURBAN)
T5-0 LAND AREA = 29.000 SO FT MORE OR LESS
,-0 LAND AREA = 16.799 SO FT MORE OR LESS
BOUNDARY LINE
CHAIN LINK FENCE
METAL FENCE
BUILDING OVERHANG
OVERHEAD ELECTFEC LINE
BUILDING BASE LINE
MONUMIGHTOF TWA� RE LINE
CENTER LINE
LOT LINE
BUILDING (007PRINT
�., WALL
SI IRVFYORS CFRTIFIr:ATIDN.
I uHEREBY sCERW,ApTHAY ,E FAT ACHED ,2BOUNDARY SURVEY' COMPLIES IV, ,E MOAK, OF PRACTICE FOR
,E OFF,AL RECORD OF 7HiS SHEET IS THE ELECTRON, ,E DOC-ALLY SIGNED AND SEALED UNDER RULE
305-3,-7671
Digitally signed by WOLFGANG
S HUECK
Date: 2023.01.19 14:43:37 -05'00'
40 & 50 NE 54 STREET & 43 NE 53 STREET, MIAMI, FL.
DC-6469
PU$//
Return recorded copy to:
Gunster, Yoakley & Stewart, P.A.
Attn: Alfredo L. Gonzalez
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Document prepared by:
Gunster, Yoakley & Stewart, P.A.
Attn: Alfredo L. Gonzalez
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Folio: 01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
Reserved for recording
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mating body will
renew the Information at the pubc hearing to render s
recommendation or a final decision.
44,
ReVI EW CO Q
PZ-24-17637
02/15/24
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
day of , 2023, by 53rd Street Apartments, L.P., a Florida limited liability
partnership, having offices at (the "Owner"), in favor of
the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida,
legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and
WHEREAS, Owner applied with the City of Miami for a change to the Zoning and Future
Land Use designation of the Property and the City by vote of the City Commission, has approved
the Land Use change pursuant to Ordinance No. and Ordinance No.
WHEREAS, Owner has voluntarily submitted this Declaration to assure that the Property is
used and developed in accordance with the provisions of this Declaration and representations made
by Owner in connection with the Application.
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, voluntarily covenants, and agrees that the Property shall be subject
ACTIVE:19695481.5
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
to the following restrictions that are intended and shall be deemed to be a covenant running with
the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns
as follows:
1. Recitals. 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.
2. Use/Restriction.
A) The Owner hereby covenants and agrees that ten percent (10%) of the Dwelling
Units developed on the Property shall be made available for rent by Owner and shall
be Workforce Housing serving residents at or below one hundred percent (100%) of
the Area Median Income ("AMI") as published by the United States Department of
Housing and Urban Development, annually, and certified by the City Housing and
Community Development Department.
B) Prior to converting any of the [Workforce, Affordable, or Extremely Low Income]
Dwelling Units from rental units to units owned in fee simple (Homeownership
Units), the Owner, or its successors or assigns, must request and receive written
authorization from the City manager. In the event that the conversion is authorized,
the City and Owner shall coordinate to record covenants on individual
Homeownership Units ("Individual Covenants") in a manner that creates the same
amount of Affordable or Workforce Homeownership Units specified in this
Declaration. Each Individual Covenant must (i) specify the applicable AMI for any
purchaser during the term of the Individual Covenant and (ii) expire on the same
date as the Covenant for Affordable or Workforce Housing; and
2
ACTIVE:19695481.5
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
NOTICE
mm
PZ-24-17637
02/15/24
In the event that any of the [Workforce, Affordable, or Extremely Low Income] Dwelling
Units are sold, the specific Unit(s) must be sold with a purchase cost equal to or less than
the standards for those individuals whose income is at or below the AMI as established
herein. Each [Affordable, Workforce, or Extremely Low Income] Dwelling Unit sold shall
include a deed restriction that the Unit shall only be sold with a purchase cost equal to or
less than the standards for those individuals whose income is at or below the applicable AMI
as established herein and shall further indicate that the Dwelling Unit shall only be rented
to individuals whose income is at or below the AMI as established herein. The deed
restriction must specify the specific applicable AMI.
The sale of the entire Property as a rental building or the use of any Dwelling Unit for rental
purposes shall not be subject to the restrictions set out in section 2(B) until any Dwelling
Units are converted from rental to Homeownership Units, in which event, the restrictions of
this section 2(B) shall apply to the Dwelling Units converted to Homeownership Units.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the
Property and be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit
of, and a limitation upon, all present and future owners of the Property and for the public
welfare.
4. Term of Declaration. This voluntary Declaration on the part of the Owner shall remain in
full force and effect and shall be binding upon the Owner, its successors in interest and
assigns for an initial period of thirty (30) years from the date this Declaration is recorded in
the public records and shall be automatically extended for periods often (10) years, unless
modified, amended, or released prior to the expiration thereof.
3
ACTIVE:19695481.5
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
5. Inspection. It is understood and agreed that any official inspector of the City may have the
right at any time during normal working hours of the City's inspector to enter upon the
Property for the purpose of investigating the use of the Property, and for determining
whether the conditions of this Declaration and the requirements of the City's building and
zoning regulations are being complied with.
6. Enforcement. An action to enforce the terms and conditions of this Declaration may be
brought by the City and may be by action at law or in equity against any party or person
violating or attempting to violate any covenants of this Declaration or provisions of the
building and zoning regulations to restrain violations, to recover damages, or for any other
remedy available. In addition, any violation or noncompliance of this Declaration shall be
immediately referred to the Code Compliance Department for enforcement proceedings,
lien placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62
of the City Code, as both may be amended, and this Declaration. Any violation or
noncompliance of this Declaration shall be referred to the City Attorney's Office for
enforcement, including but not limited to injunctive relief and/or any other remedies in law
or equity. This enforcement provision shall be in addition to any other remedies available
under the law. The use of one remedy shall not preclude the use of another.
7. Non -Compliance. Any violation or noncompliance of this Declaration regarding the
affordable housing component shall result in a monetary penalty to be deposited into the
Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of
two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been
provided to the City. The monetary penalty shall not be subject to mitigation or otherwise
modified by any body or board including, but not limited, to the Code Enforcement Board.
4
ACTIVE:19695481.5
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
8. Amendment, Modification, and Release. This Declaration may be modified, amended, o
released as to any portion or all of the Property only after approval by the City Commission
at a publicly noticed hearing. All costs, expenses, and fees associated with releasing this
Declaration shall be the sole responsibility of the party requesting the release.
Any amendment, modification, or release approved by the City Commission shall
be executed by the Planning Director, the Zoning Director, and the Housing and Community
Development Director, or their successor, or designee, and be in a form acceptable to the
City Attorney.
9. Severability. Invalidation of any one of these covenants by judgment of Court shall not
affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
10. Recordation. This Declaration will be e-recorded by the City of Miami, at the Owner's
expense, in the public records of Miami -Dade County, Florida upon full execution.
11. Counterparts/Electronic Signature. This Declaration may be executed in any number of
counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by
facsimile, PDF, or other email transmission), which signature shall be binding on the party
whose name is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Declaration upon
request.
12. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights
whatsoever to the Owner, its successors and assigns.
5
ACTIVE:19695481.5
PU$//
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
4
0
4-
a.
Signed, witnessed, executed and acknowledged this_ day of , 2023.
Witnesses:
Print Name:
Print Name:
STATE OF )
) SS
COUNTY OF )
The foregoing instrument
OR online notarization, this
of
of identification Produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
OWNER
53rd STREET APARTMENTS, L.P.
a Florida limited liability partnership
By:
Name:
Title:
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body ...AIL
renew the Information at the pubc hearing to render s
recommendation or a final decision.
44,
REV! Ew COQ
PZ-24-17637
02/15/24
was acknowledged before me by means of physical presence
day of 2023, by , as
. Personally Known or Produced Identification Type
My Commission Expires:
6
ACTIVE:19695481.5
PU$//
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
APPROVED AS TO CONTENTS:
Lakisha Hull
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
George Mensah
Director
Department of Housing and Community Development
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
7
4
0
4-
4
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mating body will
renew the Information at the pubc hearing to render s
recommendation or a final decision.
44,
ReVI EW CO Q
PZ-24-17637
02/15/24
ACTIVE:19695481.5
PU$//
Folio:
01-3124-010-0050;
01-3124-010-0150;
01-3124-010-0060
EXHIBIT "A"
Legal Description
Folio: 01-3124-010-0050
Lots 2, 3, 4, 5, 6 less the North 15 feet thereof; All of Lots 19 and 20 and Lot 21, less the South 5
feet thereof, Orchard Villa Tract Addition, according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page
84; said lands situate, lying and being in Miami -Dade County, Florida.
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mating body will
renew the Information at the pubc hearing to render s
recommendation or a final decision.
44,
ReVIEW CO Q
PZ-24-17637
02/15/24
a/k/a: 50 NE 54th Street, Miami, Florida 33137
and
Folio: 01-3124-010-0150
Lot 18, Orchard Villa Tract Addition, according to the Plat thereof on file in the Offices of the
Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page
84; said lands situate, lying and being in Miami -Dade County, Florida.
a/k/a: 43 NE 53rd Street, Miami, Florida 33137
and
Folio: 01-3124-010-0060
Lot 7, less the North 15 feet thereof, Orchard Villa Tract, according to the Plat thereof on file in
the Office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in
Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida
a/k/a: 40 NE 54th Street, Miami, Florida 33137
8
ACTIVE:19695481.5