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HomeMy WebLinkAboutLetters of Intent & Application DocumentsAdrienne L Pardo TeL i.3O5) 579-0683 Fax 305-961-5883 pardoa@©tiaw.com October 18, 2007 Ms. Teresita Fernandez City of Miami, Hearing Boards 444 SW 2"d Avenue, 7' Floor Miami, Florida 33131 Re: Approx. 2255 SW 37 Avenue, Miami, Florida (Andalusia Corporate Centre) Dear Ms. Fernandez: On behalf of the owner Stavel Three, LLC, Inc, we have submitted an application to request an amendment pursuant to paragraph IV on the attached Declaration of Restrictions dated the November 16, 2004 and recorded in Public Records Book 22923 Page 3035-3038 regarding the above referenced property. The subject property was approved for a land use and zoning change for an SD-19 overlay and a variance by the City of Miami in 2004. At that time, the applicant proffered a covenant limiting the development of the property to a specific set of architectural design plans. We are seeking to revise the approved plans and change the project from a residential building to an office building with ground floor retail and 9 residential ground floor units. See attached comparison chart. Therefore, we are requesting approval by the City of Miami Commission to modify and amend the Declaration of Restrictions by replacing the 2004 architectural plans with the plans attached. Enclosed please find a copy of the recorded Declaration of Restrictions, and the proposed new set of architectural plans and the comparison chart, Adrienne L. Pardo cc: Mr. Roberto Lavernia Mr. Henry Pino MIA 170771874v1 1011812007 resit, Fernandez C1er, flearing Boards City of Miami 444 S.W. 2nd Avenue 7`h Floor Miami. f.i.rida 33130 RE: 2255 S.W. 37 Avenue, 2263 S.W. 37 Avenue, 2295 S.W. 37 Avenue, 3695 S.W. 23 Street, 3685 S.W. 23 Street, 3688 S.W. 22 Terrace and 3672 S.W. 22 Terrace. Dear Ms. ] eresita: The purpose of this letter is to request an amendment pursuant to paragraph IV on the attached Declaration of Restrictions dated the 16th day of November of 2004 and recorded in the Public Records Book 22923 Page 3035-3038 regarding the above referenced property. The subject property was approved for a land use and zoning change, SD-19 overlay and a variance by the City of Miami in 2004. The then applicant offered a covenant limiting the development of the property to a specific set of architectural design plans. We request that you allow us before the City of Miami Commissionin order to modify and amend the covenant by replacing the 2004 architectural plans with a new set of plans. Enclosed please find a copy of previous declaration of restrictions (covenant); the new proposed declaration of restrictions and the proposed new set of architectural plans along with the other documents required for hearing by your office. Should you need additional information please do not hesitate to contact the undersigned. AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Henry Pino , 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 ciassification or regulation of zoning as set out in the foregoing petition, 0 including or l� 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. Applicant(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of L ur\ e. 20c ,by ertr I /lc) who is a(n) individual/partner/agent/corporation of a(n) individuallpartnershi • /corporation. He/She is personal) known to me or who has produced as identification and who. did (did not) take an oath. (Stamp) _ 'y Signature r :;:,-rtx JD321 xpkes einnoos Rev. 09-20- DISCLOSURE OF OWNERSHIP 1. 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(es) Statvel Three LLC. (Henry Pin° 50% & -Manuel Velar 50%) Subject PropertyAddress(es) 2255 S.W. 37 Avenue, 2263 S.W. 37 Avenue, 229� S.W. 37 Avenue, 3695 S.W. 23 Street, 3685 S.W. 23 Street, 3688 S.W. 22 Terrace and 3672 S.W. 22 Terrace. See attached Exhibit "A Telephone Number 304.446. 8330 E-mail Address hpino@stratprograup ®coat 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. Statvel Three LLC. - Henry Pino Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description Attorney Signature /-,7C' The foregoing was acknowle ed before me this day of (Tv' r e. 20 01 , by t en,r/ rtetkz who is a(n) individual/partnerlagenticorporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who cl-id (did not) take an oath. t t; \r' (Stamp) ires G cr # M 321290 6/28,2008 Sign tare Rev. 09-20-06 6 Lots 43, 44, 45, 46. 47, 48. 48. 50 £Z. 53 and 54. in Block G. of Amended Plat o[Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4. Page 73. of the Public Records of Miami - Dade County. Florida, LESS the North 10 feet ufLots 43. 44. 45and 46; AND LESS that portion of Lots 48, 47, 48. 48 and 50, lying within 35 feet of the center ling of S.W. 37th Avenue. a/Wa Douglas Road, as shown in State Road Department Map, recorded in Plat Book 76. Page28. ofthe Public Records ofMiami-Dade County, Florida, being more fully described as follows: A portion of Lots 43, 44 46, 46 47, 48, 49. 50. 52. 53 and 54. in Block S of Amended Pfat of Miami Suburban Acnes, according to the plat thereof as recorded in Piot Book 4, Page 73, of the Public Records of Wuroi'Dade County, Florida being more particularly described amfollows: Begin at the Southeast corner of said Lot 54 in Block 6; dlenma North 00005'39^ VVaot along the East line of said Lots 54 and 43for 283.12 feet to a point on a line being 10.00 feet South of, as measured at right angles to, the North line of said Lots 41 44. 45 mnd49- thence South 88058'48" West along said line being 10.00 feet South of the North line fur284.51 feet to a point on a line bemg35.OU feet east of, an measured at right angles to the center line nfS.VV. 37th Avenue, as itnow existo� thence South 00"12'28" East along said line being 35.00 feed east of said center line for 233.11 feet to a point on the South line of said Lot 50� thence North 88069'43" East along said South line for114 1O feet to the Southeast corner of said Lot 50; thence South 00"06'32" East for 5O.O2 feet to the Southwest corner of said Lnt52; thence North 89"58'43" East along the South line of said Lots 52.53and 54for 14Q.B4feet tothe Point ofBeginning. Said lands lying and being in Miami -Dade County, Florida and lo3bJFi2 RETURN TO: First American Title iris, Co. 25400 US 19 N, Suite 135 Clearwater, FL 33763 1.6 This Instrument Prepared by and MARK R. STARKMAN. ESQ. PACKMAN, NEUWAI-IL & ROSENBERC 1500 Sac Remo Avenue, Suite 125 Coral Gebtes, FL 33146 Record and return toe BUD ELLIS VICE PRESIDENT First American Title insurance Company 25400 U_S. Highway # 19 North, Suite 135 Clearwater, FL 33763 Parcef L . Nos. 01-4116-009-2651 01-4116-009-2660 01-4116-009-2670 01-4116-009-2680 01-4116-009-2710 01-4116-009-2738 01-4116-009-2740 (Space Above This Line for Recording Data oniyl 1 11111111111111111111111111111 CF4 2006RO7139J OR i3.is 24682 PRs 4939 - 4941; RECORDED 06/30/2006 13;05: DEED DOC TAX 79r500 06 SURTAX 5 s P 625.00 HARVEY RUVItIY CLER4 OF C.0U MIAMI-DARE C_i1Uf TYp FLORIDA SPECIAL. WARRANTY DEED This Special Warranty Deed made and executed the , "r*day of June, 2006 by, MORRIS INVESTMENT PARTNERSHIP, LLLP, a Florida limited liability limited partnership, successor by conversion to Morris Investment Partnership, LLP, a Florida limited liability partnership flk/a Morris Investment Partnership, a Florida general partnership, hereinafter called the "GRANTOR" to STATVEL THREE, LLC, a Florida limited liability company, with an address at 232 Andalusia Avenue, Suite 370, Coral Gables, Florida 33134, hereinafter called the "GRANTEE". WITNESSETH, That the Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00) Dollars and other valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in MIAMI-DADE County, Florida, to -wit: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF. This conveyance is subject to: taxes and assessments for 2006 and ail subsequent years; zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental authority; and conditions, restrictions,, reservations,, limitationsand easements- of record, if any, but this reference shall not operate to reimpose same. 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 Grantor has good right and lawful authority to sell and convey said land and Grantor warrants the title to said land for any acts of E ran nr earl will defend the title- acainst the lawful claimsof all persons claiming bv, through or under IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed sealed and delivered in our presence: #1 Witness Signature Awe, � 1111(1VP4A11) #1 Witness Print Name #2 Witness Signe #2 Witness Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE MORRIS INVESTMENT PARTNERSHIP, LLLP, a Florida limited liability limited partnership, successor by conversion to Morris Investment Partnership, LLP, a Florida limited liability partnership, flkla Morris Investment Partnership, a Florida general partnership By: MIP MANAGEMENT, LLC, a Florida limited liability company By: Aaron M. Morris, Manager By: a&tL 45 Anna Rochelle Morris, Manager Address: P.C. Box 140099, Coral Gables, FL 33114. The foregoing instrument was acknowledged before me this .day of June, 2006, by Aaron M. Morris and Anna Rochelle Morris, as Managers of MIP MANAGEMENT, LLC, a Florida limited liability company flkla Morris investment Partnership, LLLP, a Florida limited liability limited partnership, successor by conversion to Morris Investment Partnership, LLP, a Flo 'd limited liability partnership, ffkia Morris Investment Partnership, a Florida general partnecpP r, are personally known to me or who o. have produced a drivers Iicense_as identification_ My Commission Expires: NOTAittY PUBL x:Wradatak5iarkrrer1554155541-t salsa ca ff reaityisa=e 4OL5,taat8'arty deed.doc OR B 46,S2 PG 49 Al LAST F'AGE Schedule A Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6, of Amended Plat of Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73,, of the Public Records of Miarni-Da.de County, Florida, LESS the North 10 feet of Lots 43, 44, 45 and 46; AND LESS that portion of Lots 46, 47, 48, 49 and 50, lying within 35 feet of the center line of S.W. 37th Avenue, ailcia. Douglas Road, as shown in State Road Department Map, recorded in Plat Book 76, Page 26, of the Public Records of Tvliami-Dade County, Florida, being more particularly described as follows A portion of Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6, of Amended Plat of Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Lot 54 in Block 6; thence North 00°0539" West along the East line of said Lots 54 and 43 for 283.12 feet to a point on a line being 10.00 feet South of, as measured at right angles to, the North line of said Lots 43, 44, 45 and 46; thence South 89'5948" West along -said line being 10.00 feet South of the North line for 264.5-1 feet to a point on a line being 35.00 feet East of, as measured at right angles to the center line of S.W. 37th Avenue, as it now exists; thence South 00'12'20" East along said line being 35.00 feet East of said center line for 233.1 feet to a point on the South line of said Lot 50; thence North 89'59'43" East along said South line for 114.10 feet to the Southeast corner of said Lot 50; thence South 00°06'32" East for 50.02 feet to the Southwest comer of said Lot 52; thence North-89°59'43" East along the South line of said Lots 52, 53 and 54 for 149.94 feet to the Point of Beginning. CITY OEMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO 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 anv kind or value, whether direct or implied_ or anv promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as deigned in See. 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. NAffr;: ADRIENNE HOME CITY: (First Name) PARDO, (Middle) (Last Name) (Address Line 1) HOME PHONE: EMAIL: PARDOA@GTLAW.COM (Address Line 2) STATE: Florida ZIP: CELL PHONE: FAX: BUSYNESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: Adrienne F. Pardo Greenberg Traurig, P.A. (Address Line 1) 1221 BRICIKELL AVENUE, MIAMI, FLORIDA (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of modification to previously approved Declaration of Restrictions. 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. Doc. No.:86543 3. Please provid or committed. Name address and phone number of the person(s) or entities to %Ahoni consideration has been provided Ph c . n/a * Addit-ionaI names t;tii7 be placed la Separate page aftacihed "ti3 nits br i. 4. Please describe the nature of the consideration, n/a 5. Describe what is being requested in exchange for the consideration. nla ACKNOWLEDGEMENT OF COMPLIANCE 1 hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 1.2918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing 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 entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application order. PERSON SUBMITTING (DISCLOSURE: Signature Adrienne F. Pardo Print Name Sworn to and s-ubscribed before me this ,_ _22 day of , 200 The, foregoing instrument was acknowledged before me by x k — , who has produced as identification andor is personally known to me cmdwho didaiel not take an oath. STATE OF FLORIDA CITY OF MI A M I MY COMMISSION EXPIRES: