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Home My WebLink AboutPZAB 01-15-14 Supporting DocumentsPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: City Commission: 13-006951u Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2001, 2021 AND 2121 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 2001, 2021, and 2121 SW 37th Avenue [Commissioner Francis Suarez - District 4] Tony Recio, Esquire, on behalf of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 (305) 854-0800 This will change the above properties to "Low Density Restricted Commercial". Approval. See supporting documentation. Continued on September 23, 2013. Deferred on October 24, 2013. ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 2001 SW 37th Avenue, 2021 SW 37th Avenue & 2121 SW 37th Avenue File ID: 13-006951u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Single Family Residential" to "Low Density Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Single Family Residential" future land use designation allows single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities2 (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within single family residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Low Density Restricted Commercial" future land use designation allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" (36 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. DISCUSSION The subject area consists of three parcels comprising approximately 0.46 acres. Two parcels, encompassing .31 acres, are the westernmost parcels on the block bounded by SW 20th Street to the north, SW 36th Avenue/Coral Gate Drive to the ease, SW 21st Street to the south, and SW 37th Avenue/Douglas Road to the west. The third parcel, encompassing 0.15 acres, is located on the northwestern portion of the block bounded by SW 21st Street to the north, SW 36th Avenue/Coral Gate Drive to the east, SW 22nd Street/Coral Way to the south, and SW 37th Avenue/Douglas Road to the west. The areas to the north and west of the subject area have a future land use designation of "Single Family Residential". The area to the south along the Coral Way Commercial Corridor has a future land use designation of "Restricted Commercial". The area immediately to the west is in the City of Coral Gables' "Central Business District" and has a future land use designation of "Commercial High -Rise Intensity (150 Feet; 3.0 F.A.R)" and "Commercial Mid -Rise Intensity (70 Feet; 3.0 F.A.R.)". The subject site is in the CORAL WAY NET Service Center Area. ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. The proposed change would create a transition between the high permitted densities and intensities in Downtown Coral Gables and the low density single family neighborhoods to the east of SW 37th Avenue. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Single Family Residential" future land use category allows residential structures up to a maximum density of 9 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" which is 36 dwelling units per acre. This is a small potential increase of 13 dwelling units. • MCNP Policy LU-1.3.15, states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. This change will allow for the addition of low scale retail and office uses which may serve the surrounding residential neighborhoods. • MCNP Policy LU-1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. This site is in close proximity to two Miami -Dade County Metrobus Routes and may support additional density and commercial uses. • The SW 37th Avenue/Douglas Road corridor is primarily a high intensity mixed use corridor, with the exception of a small section on the east portion of the roadway between SW 17th Street and SW 21st Street, which contains single family residential structures. Due to the high capacity nature of the roadway, single family uses are impractical and undesirable fronting the roadway. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvements Element. These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed to the proposed designation. Proposal No 13-006951u Date: 07/17/2013 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Tony Recio, Esq. on behalf of Fidel A. Perez, Daniel Perez & 2121 Associates, LLP Address: 2001, 2021 & 2121 SW 37 AV Boundary Streets: North: SW 20 ST East: SW 36 CT South: SW 22 ST West: SW 37 AV Proposed Change: From: Single Family Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.4640 acres @ 9 DU/acre 4 DU's Peak Hour Person -Trip Generation, Residential 6 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.4640 acres @ 36 DU/acre 17 DU's Peak Hour Person -Trip Generation, Residential 13 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 32 Dwelling Units 13 Peak Hour Person -Trips 7 Planning District Coral Way County Wastewater Collection Zone 310 Drainage Subcatchment Basin P1 Solid Waste Collection Route 217 Transportation Corridor Name SW 37 AV RECREATION AND OPEN SPACE Population Increment, Residents 32 Space Requirement, acres 0.04 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.76 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 32 Transmission Requirement, gpd 7,212 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 32 Transmission Requirement, gpd 5,956 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 32 Solid Waste Generation, tons/year 41 Excess Capacity Before Change 800 Excess Capacity After Change 759 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g TRAFFIC CIRCULATION Population Increment, Residents 32 Peak -Hour Person -Trip Generation 7 Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be Issued by Metro -Dade Water and Sewer Authority Department. (WASA) Excess capacity, If any, Is currently not known Low Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels;general office use, clinics and laboratories commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways which Include: general retailing, personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. .This category also Includes commercial marinas and living quarters on vessels as permissible. Allow max heiqh 4 stories (height up to 25 ft for the ground floor and up to 14 ft for each additional floor CM 1 IN 03/13/90 FUTURE LAND USE MAP (EXISTING) 0 150 300 600 Feet 1— V (II I II Single Family - Residential iIIIIIuIuI,I ADDRESS 2001, 2021, 2121 SW 37 AV ADDRESS 2001, 2021, 2121 SW 37 AV FUTURE LAND USE MAP (PROPOSED) 0 150 300 1- tII I II Single Family_ Residential ItL ilulullull, Low Density Restricted Commercial Low Density Restricted Commercial 600 Feet ADDRESS 2001, 2021, 2121 SW 37 AV Low Density Restricted Commercial Low Density Restricted Commercial 600 Feet ADDRESS 2001, 2021, 2121 SW 37 AV 0 150 300 I 600 Feet 1 ADDRESS 2001, 2021, 2121 SW 37 AV rir< f*Cl .�..�.at.. �.�'•w 3.Ys rlIrt _ ad .,. TC.r.1_. +_ __11111fr pAM: of ,R- ....irk a ' �7 .T.00LIF MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. 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 LILLIAN M. ARANGO GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO CHAD S. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ JOSHUA D. KRUT MATTHEW H. MANDEL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN MARC SOLOMON ABIGAIL WATTS-FITZGERALD LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSI MILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Mr. Anel Rodriguez Hearing Boards City of Miami 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 *OF COUNSEL June 5, 2013 Re: Re -Zoning and Comprehensive Plan Applications for 2001-2021-2121 SW 37th Avenue Dear Mr. Rodriguez: ADRIAN J. ALVAREZ SARA E. AULISIO SONJA C. DARBY ROBERT H. DE FLESCO BROOKE P. DOLARA RAQUEL ELEJABARRIETA ERIC P. HOCKMAN HARLENE SILVERN KENNEDY* KAREN LIEBERMAN* JOHANNA M. LUNDGREN MIA R. MARTIN ALEIDA MARTfNEZ MOLINA* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL TIMOTHY M. RAVICH* AMY J. SANTIAGO GAIL D. SEROTA* JONATHAN C. SHAMRES ESTRELLITA S. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON PETER D. WALDMAN* SAMUEL I. ZESKIND On behalf of 2121 Associated, LLP, and Messrs. Fidel Perez and Daniel Perez (together, the "Owners"), we hereby file the attached applications for re -zoning and comprehensive plan change for the captioned property legally described in the attached Exhibit "A" (the "Property"). The purpose of the applications is to enable the adaptive redevelopment of the Property for small scale, neighborhood office use. The Property consists of three lots fronting Douglas Road that total approximately 19,769 square feet. One of the lots is improved with a three-story, legal nonconforming office building, while the other two lots are improved with unoccupied single family structures. The three lots have a designation of "Single Family Residential" under the City's Comprehensive Neighborhood Plan and are zoned T3-R and NCD-1 under Miami 21. Despite the NCD-1 zoning, the Property is configured separately from the remainder of the Coral Gate neighborhood, located outside the gate and fronting on the high -traffic, 5-lane Douglas Road, across from intense, 12-story development in the City of Coral Gables Mr. Anel Rodriguez June 5, 2013 Page 12 immediately to the west. Even the street that bisects the Property, 21st Street, is cut off from the remainder of the Coral Gate neighborhood by a structure intended to block vehicular access just east of the Property. In other words, the Property experiences none of the secure, single-family environment available to the rest of the neighborhood to the east and considerably more intensity and traffic on adjacent sites and Douglas Road. Continued single family use is no longer compatible with this more intense environment. Accordingly, the Owners seek a change of land use designation to "Low Density Restricted Commercial" and a change in zoning to T4-O, to allow for small scale office of a similar type and design as already exists on the southernmost portion of the Property abutting the Sears commercial site. In analyzing the surrounding area within a one-half mile radius, it is immediately apparent that much of the Douglas Road corridor is already zoned at a far more intense T6-8 0, in recognition of the street's high traffic and intense development on its west side. At the location of the Property, the uses and intensity on this west side resemble the City's T6-8 0 district. While more intense zoning could potentially be appropriate for the Property, the requested T4 0 provides a compatible and logical transition zone from this west side of Douglas to the single-family neighborhood to the east. From a planning perspective, the requested office use makes logical sense, especially in light of the different traffic volumes associated with properties on Douglas Road as compared to properties within the Coral Gate neighborhood. Indeed, traffic volume on Douglas involves an average of 14,600 vehicle trips per day according to the Florida Department of Transportation statistics for 2012, which is far in excess of normal, day-to-day 2-lane traffic within a residential community. Finally, the small scale office is an underserved niche in the area which includes a mix of residential of varying densities, and intense commercial and professional office. This application addresses that niche. Although the request makes sense, the Owners nonetheless recognize the importance of mitigating potential impacts to their neighbors to the east. To address this, the Owners intend to proffer a covenant limiting the height of development to 35 feet and providing for landscape buffering on the east side. The requested re -zoning and comprehensive plan change is compatible with the area and consistent with the Comprehensive Plan which encourages "well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail and community facilities in a walkable area" and "a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing and recreation in close proximity to each other." See Policy LU-1.1.7 and Policy LU-1.3.15. These applications will provide for neighborhood office uses that are of low scale and in close proximity to residential and retail uses of varying densities and intensities which will fill an underserved niche and be an asset to the surrounding neighborhood. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Mr. Anel Rodriguez June 5, 2013 Page 13 We look forward to presenting this application to the Planning and Zoning Appeals Board with the City's favorable recommendation. Thank you for your attention to this matter. Please call me if you have any questions. TR/ms Attach. 2485001 Tony Recio WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. EXHIBIT "A" Legal: Lot 413, Block 18, CORAL GATE SEC. C, according to the Plat thereof, as recorded in Plat Book 49, Page 65, of the Public Records of Miami -Dade County, Florida. Address: 2001 SW 37 Avenue, Miami, Florida 33145 Folio No.: 01-4109-011-1120 Legal: Lot 414, Block 18, CORAL GATE SEC. D, according to the Plat thereof, as recorded in Plat Book 50, Page 34, of the Public Records of Miami -Dade County, Florida. Address: 2021 SW 37 Avenue, Miami, Florida 33145 Folio No.: 01-4109-012-0330 Legal: Lot 427, Block 19, CORAL GATE SEC. D, according to the Plat thereof, as recorded in Plat Book 50, Page 34, of the Public Records of Miami -Dade County, Florida. Address: 2121 SW 37 Avenue, Miami, Florida 33145 Folio No.: 01-4109-012-0480 W. �'' City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Fidel A. Perez, Daniel Perez & 2121 Associates, LLP Application Phone * 305-854-0800 Application Email * trecio@wsh-law.com Application Address * 2525 Ponce de Leon Blvd., #700, Coral Gables, FL 33134 Contact Fields Information Contact Name * Tony Recio, Esq. Contact Phone * 305-854-0800 Contact Email * trecio@wsh-law.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav 21 ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4109-011-1120; 01-4109-012-0330 & 01-4109-012-0480 Additional Folio Number Total Acreage * .464 acres Proposed Land Use/Zoning * T4 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 16 or Multi -Family Units * 16 Total # of Units * 16 units max (intended for Office Building) Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * 1-0-10yG( Owner(s)/Att/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE er(s)/Attorney/Applicant Signature j. foregoing was acknowledge be ore me this 1 day of v ,..'"(2._' 20 l ,by (oN"! v LLP who is a(n) individual/partne ge corporation of f Ael-♦ciuv- PAiiet- Alen- MP a n) / individual a ersh corporation. He/She is personally known to me or who has produced e as identification and who did (did not) take an oath. (Stamp) SiR{LYN SUMOUEVILLA * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 NeTFOF v oe Bonded Thru Budget Notary Services City of Miami ZONING REFERRAL .444 Southwest 2nd Avenue, 4th Floor : _ Miami, Florida 33130 Hearing Boards Division 7th Floor REF: Lill 2192/ Zit/ SW 371" 4 Please provide the following application: bSd Planning Department 3rd Floor MUSP INFO • M_U_S.P. Variance Special Exception Zoning Change Other • APPEAL OF CLASS I /CLASS II SP.PMT A Amendment to Atlas Provide Resolution# For the. property . _ Commission approval required . PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED i • COMMENTS: . -1,7," /e xd /1/92,...4 7 9 7?' THE OFFICE OF HEARING BOARD IS OPEN:TO:THE PUBLIC FROM.8:00 AM TO 3:OOPM. ZON1N , LANS VIEW R ate • F R !NG C ANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. P lic Hearing Plans must be submitted to the_ Hearing Boards Division no later than the first day of the last week of the month to be stamped.: and: submitted.for_reviewd by staff. COMPREHENSIVE PLAN nPPucnrEo PLANNING DEPARTMEN PLANNING AND ZONING DEPARTMENT, HEARING BOARDS E-idtitilc17 PM 1 ° 5 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. 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. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. 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. All documents, reports, studies, exhibits (8' x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. 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. 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. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Fidel A. Perez, Daniel Perez and 2121 Associates LLP 2. Subject property address(es) and folio number(s): See attached Exhibit "A" 3. Present designation(s): Single family residential 4. Future designation(s): Low density restricted commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? No If yes, has the property been granted a Land Use Change within the last year? 8. One (1) original, two (2) 11x17" copies and one (1) 8'/zx11 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. 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, Tess than one (1) year old; 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 Tess than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 03-2012 2 COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? ± .464 acres 20. What is the purpose of this application/nature of proposed use? See letter of intent 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No 24. What would be the anticipated duration of the presentation in front of the: El Planning, Zoning and Appeals Board 30 min and/or EICity Commission 30 min 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000. 0Q s1 all be paid in the form of a certified check, cashier's check, or money order. Signature Name Tony Recio Telephone (305)854-0800 Address 2525 Ponce de Leon Blvd., #700 Coral Gables, FL 33134 E-mail treciowsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this if day of 2013, by Tony Recio who is a(n) individual/partner/agent/corporation of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP a(n)individual/partnership/corporation. He is personally known to or who has produced as identif'catiorz and who di I ot) take an oath. (Stamp) Signature MARILYN SOMODEVILLA * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 rFOF F`o°o< Bonded Thru Budget Notary Services Rev. 03-2012 3 EXHIBIT "A" Legal: Lot 413, Block 18, CORAL GATE SEC. C, according to the Plat thereof, as recorded in Plat Book 49, Page 65, of the Public Records of Miami -Dade County, Florida. Address: 2001 SW 37 Avenue, Miami, Florida 33145 Folio No.: 01-4109-011-1120 Legal: Lot 414, Block 18, CORAL GATE SEC. D, according to the Plat thereof, as recorded in Plat Book 50, Page 34, of the Public Records of Miami -Dade County, Florida. Address: 2021 SW 37 Avenue, Miami, Florida 33145 Folio No.: 01-4109-012-0330 Legal: Lot 427, Block 19, CORAL GATE SEC. D, according to the Plat thereof, as recorded in Plat Book 50, Page 34, of the Public Records of Miami -Dade County, Florida. Address: 2121 SW 37 Avenue, Miami, Florida 33145 Folio No.: 01-4109-012-0480 effect and have not been modified or rescinded. Dated this day of STATE OF FLORIDA COUNTY OF MIAMI-DADE PARTNERSHIP CERTIFICATE The undersigned hereby certifies that they are the partners of 2121 Associates, LLP (the "Partnership"), that the following is a true and correct copy of the resolution adopted by the partners at a meeting held on 6(,4-t . , 2013 at the offices of the Partnership. RESOLVED that the Partnership consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 2001, 2021 & 2121 SW 37 Avenue, Miami, Florida (the "Application"); and be it FURTHER RESOLVED that either Fidel A. Perez or Daniel Perez is authorized to execute any and all documents on behalf of the Partnership. FURTHER RESOLVED that Tony Recio, Esq. of the law firm of Weiss Serota Helfman Pastoriza et al, is authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Application. The adoption of said resolution was in all aspects legal; andthil -said resolution is in full force and 2121 Asso° iatu s, LLP By: Print Name: Fidel A. Per6z Individually anti a-s-pner of the Partnership By: Print Name Daniel Individually and as pa ner of `t e Paltnership I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Fidel A. Perez and Daniel Perez of 2121 Associates, LLP, whom are personally known to me or who has produced 1°' as identification and whom executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and whom did not take an oath. WITNESS my hand and official seal this '4' day of --" , A.D., 2013. SIGNATURE OF PERSON TAKING AKNOWLEDGEMENT (stamp) * AEA * MY COMMISSION N EE 161613 EXPIRES: March 18, 2018 Ir Foe Baked ihu MO Notary Services COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Tony Recio , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 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, I] including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Tony Recio Applicant(s) Name Applicant(s`) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 2013, by Tony Recio who is a(n) individual/partner/agent/corporation of Fidel A. Perez, Daniel Perez and 2121 Associates LLP a(n) individual/partnership/corporation. He is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature RY P �p .'t;••••U•�9 4 MARILYN SOMODEVILLA * t , * MY COMMISSION # EE 116532 ��!� EXPIRES: September 13, 2015 Niz, O Bonded Thru Budget Notary Services Rev. 03-2012 4 COMPREHENSIVE PLAN APPLICATION 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 necessary. Owner's Narne(es) 2121 Associates, LLP as to 2121 SW 37 Avenue & 2021 SW 37 Avenue, Miami, FL and Fidel A. Perez and Daniel Perez as to 2001 SW 37 Avenue, Miami, FL Percentage of Ownership Fidel A. Perez 50% - Daniel Perez 50% Subject Property Address(es) 2021, 2121 & 2001 SW 37 Avenue Miami, FL 33145 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None Tony Recio Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of `�'`""� 2013, by Tony Recio who is a(n) individual/partner/agent/corporation of Fidel A. Perez, Daniel Perez and 2121 Associates, LLP a(n) individual/partnership/corporation. He i eprsonally known to me or who has produced as identification angl who did (did ot) take an oath. (Stamp) Signature oMARILYN SOMODEVILLA *j * MY COMMISSION # EE 118532 EXPIRES: September 13, 2016 iieoF'Foe Bonded Thro Budget Notary SpMona Rev. 03-2012 5 CITY OFMIAMI 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 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: Tony Recio (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 2) CITY: Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (305) 854-0800 CELL PHONE: FAX: (305) 854-2323 EMAIL: trecio@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME Fidel A. Perez, Daniel Perez & 2121 Associates, LLP BUSINESS ADDRESS: c/o Tony Recio, 2525 Ponce de Leon Blvd., #700 (Address Line 1) Coral Gables, FL 33134 (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. Rezoning & comprehensive plan for 2001, 2021 & 2021 SW 37 Avenue, Miami, FL 33145 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 ❑X 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 provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 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 rind of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: igna ure Tony Recio Print Name Sworn to and subscribed before me this 11 d of �`� � 200 0. The foregoing instrument was acknowledged before me by C. (.0 , who has produced as identification and/or is pe onally known to me and who did/did not take an oath. STATE OF FLORIDA LA44: CITY OF MIAMI MY COMMISSION Pii EXPIRES: .0 r Y ..a MARILYN SOMODEVILLA * it 4 �% .k MY COMMISSION # FF i 16532 `.1114; N EXPIRES: 3e(fg6 2015 Enclosure(s) �TFOF'.ROiR,\or Bonded Thru Budget Notary Services Doc. No.:86543 Page 2 °E'r C 3137 2T33 sae BAN +6.PH ZI 21 8 7 R 0 0 rl 16 t ult'tlMlnt metal Cxecul.,j at, . day of December , A. 1), 1986 . I,y Leopoldo. ellon, Fidel A, Perez and D,dnfel Perez-Zarraga a/k/a Daniel .Perez fire pnrfy.lo' Leopoldo Belton,. -Fidel A. Perez and Daniel Perez-Zarraga, Partnership, A Florida General Partnership aihoupeiloJJlnwhirrs, la 2121 Douglas Rd., Miami, Florida 33145 aerond parfyt - lefhertver u,rd h�,rt,,,i al ,r+,w ••rem N„" .e1 "nr.•1 e.nt'• .t,.R l,vI,MAmt, r .a+l ►Ivrrt, k1,6 kr,l rert.+rrutt.n, ►tt1 .,, ,. .1 M,1I.fA..Is, attl 1M s.rt,pn, and a•+lta• st t.rerenlen., mere. ter nat..t wWadnwr,y.im.) 10Itne$sef1{, �1'I,nl Ito ante{ heel potty, for owl in cnt,Rlrirrnnnn.nJ the mot' of i 10,00 only 1st tuned gold by li.r antra eerond pntly, Iltr receipt ,ntuerrn! It I,rrr(,y nrirnntolrrlprd, r♦nr. turnery ermine, re front m,d iull claim man the amid arrnn,l pony Never, ever, nil ittr rigid, III(r, Intotrel, rinlm and rirmnnd wltlrls tltr anirl fine pnrfy tuna In nn,i in Ilse fnllmtdnp rirar•rlbirl In!, pint or pntrri nJ Imul, alfanfr, lying nor{ hrli+p In Il,e County of/Dade $lnle of Florida , lmndla Lot 427, Block 19. Coral Gite Section "D" as ,recorded in Plat Book 50, page 34 of the Public Records of Dade County, Florida, and it is not contiguous to the homestead of any of the grantors, andlthe grantors reside at the following residence addresses: Leopoldo Belton, 2250 SW 131 Place, .Miami, Florida; Fidel A, Perez, 8321 SW 16 Terrace,'Miami, Florida. Daniel Perez-Zarrga, 2324 SW 23 St., Miami, Florida. II Hoot Anti {I i[oli if,, tr,, fuy.ilter Ira; .n nett flnOplT Ile. appurfenenr.e fierntnfn 1 •I-`atro .. frt arrya+t• vyT•rfefnfr . err4 ell il,. rtref., rlgRf, fNl.,; lnt.rrtf, ff.n, •irdty end efafm 1r,Rnl• ,nri•er rf the sold flrsl pnrfy, ellln In fouror finny, In li,.. only proper tree, benefit rind tuetunnf of i nt amid arrnnd party forever. in Witness Vthertor, The eafd f tr,t pnrf firrlabout wrltlen. Signed, lenled and Jrhnerrtl in presence _g(fr1,. d and4/,/ elle prelim p4hlt tiny and year Fidel NO eaniel ar r. Daniel Perez. 1 HERESY CERTIFY that on that day, before me, an officer duty tutho►Ired In the State aioretatd and In the County aforesaid to take acknowledgments, petronally appeared Leopoldo Belton, Fidel A. Perez, & Daniel Perez-Zarraga n/k/c. 0, +rl aa./ to me known te' he the per,oe dnm cribed In, end who executed the foregning Instrument Ind they acknowledged , helm me that they executed the lame WITNESS my hand and olficht seal in the County and State last aio,ruld 1 �► i- 3.. .fir.+ day el NCeeeelh+i- A. D. 19 86. pf// v� .... A.....,� , NOTARY PU:flf C -f e ';t4% Q:A 7fid /lutnlmcnl prrprrlril by: MAX A. GOLDFARB /rntriruituto°o• ga a/k/a (L.S. Perez STATE OF FLOIDA, COUNTY OF DADE Vell.rlrr Addnu 19 West Flagler St., Suite-707 Miami, Florida 33130 Telephones 371-2538 7. ILr,OROLD IR OFFICtat RECORD, a Olk OF 040E cAU,XTV, nOIIRt. RECORD VCRIFIEO 111CilARD P. tEtt IR CLERK CIRCUIT COURT Kic:16222PE85 PARTNERSHIP AFFIDAVIT LEOPOLDO BELLON, FIDEL A. PEREZ and DANIEL PEREZ-ZARRAGA, being first duly sworn, state that: 1. They are the three (3) original partners of Leopoldo Bellon, Fidel A. Perez and Daniel Perez-Zarraga, Partnership, a Florida general partnership (the "Partnership"). 2. From its inception to the present, there have been no other partners of the Partnership. 3. The partnership is the owner of a parcel of real property legally described as: Lot 427, Block 19 of CORAL GATE SECTION "D", according to the Plat recorded in Plat Book 50, Page 34, Public Records of Dade County, Florida (the "Property"). 4. Leopoldo Bellon has transferred all of his partnership interests in the Partnership to Fidel A. Perez and Daniel Perez- Zarraga. 5. Fidel A. Perez and Daniel Perez-Zarraga have changed the name, of the Partnership to 2121 Associates. 6. This affidavit is being executed and establish that Leopoldo Bellon is no -."1. tiger a T% Partnership, that Fidel A. Perez and D=ni 1 Perez-Za the only-1Sa'rners of the Partnership ant at the Part henceforth loe known as 2121 Associate LEOPOLDi BELLON STATE OF FLORIDA COUNTY OF DADE ,recorded to r ner of the aga are now rship shall 7g Sworn to before me this mb day of January, 1994 by Leopoldo Bellon, Fidel A. Perez and Daniel Perez-Zarraga, all of whom are personally known to me and did take an oath. Commission Expires: This Instrument Prepared by: Jose A. Bolanos, Esq. 2121 Ponce de Leon Boulevard Suite 1035 Coral Gables, FL 33134-5218 04597.jn 000 A,(24.4 Pin a.c: 5 USE A. &3LA/JC S' NO •Y PUBLIC, STATE OF FLORIDA PO OFFICIAL NOTARY SEAL JOSE A BOLANOS ,z ,: y"Z.�yl�rj 4 COMMISSION NUMBER %Ms, CC292278 9lF '^Kv' a MY COMMISSION EXP. °F F%.� JIJLY 17,1997 lrcn,sn, II/ OFPICIAI OlCBLIN MBA' • , OF DAUO COUt Y, ROMA. /. WlCORD YfIr FMB _ j%;'F HARVC'Y RUVIN ,,tF$ CtEkX CIRCUff co"er 'Irljg„ 1944 JAM 25 0;21 11111111111111 I 1 11111111111111111111111111111 Prepared by and return to: Cheryl-Dene Spring, Esq. Family Matters Law Group, P.A. 950 S. Pine Island Rd- Suite A-150 Plantation, FL 33324 454-001-373'7 File Number: 11002 Will Call No.: CF 1 2012R1 ►41_139'3A DR Bk. 2814.1 Ps 2759; ((1ps? RECORDED 06/07/2012 15:53:31 DEED DOC TAX 805.20 HARVEY RUVIW, CLERK OF COURT IIIAMI-DADE COUNTY? FLORIDA LAST PAGE [Space Above his Line Per Recording Data) Warranty Deed This Warranty Deed made this 31st day of May, 2012 between Luis J. Cardus, a single man, whose post office address is 28-32 35'" Street, Astoria, NY 11103, grantor, and 2121 Associates, a Limited Liability Partnership whose post office address is 2121 Douglas Road, Suite 200 Miami, FL 33145. (Whenever used herein the terns "granter and "grantee" include all the parties to this insarument 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: Lot 414, Block 18, CORAL GATE SEC. D, according to the plat thereof as recorded in Plat Book 50, Page(s) 34, Public Records of Miami -Dade County, Florida. Parcel identification Number. 01-4109-012-0336 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 all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. 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: Al c: E ,\t G Cr-)� t e. Z STATE OF N COUNTY OF The foregoing instrument was acknowledged before me MI this If day of (fA%t; , - by Jose Cardus as Attomey-in-Faet for Luis J Cardus, being personally known to me or havinfroduced a Driver's license(s) as identification. Luis J. Cardus 1 By:C _C r/ .- 1 h{Gc 46r I-ki5 31 C.I/ 1S se Cardus as Attomey-in-Fact for Luis J. Cmdus [Notary Seal] SHAMSHOON ALI Notary Public. State of New York Qualified in Queens County No.01AL6182008 My Commission Expires 02-11.2016 otary Public �y Printed Name: `57/ e72'7,g // f - My Commission Expires: re, 'fib DoubteTime Book28141/Page2759 CFN#20120403934 Page 1 of 1 1111111111111111111111111111111111111111111 Prepared by and Return to: Brandy Gale, an employee of Rels Title 1591 Hayley Lane, Suite 101 Ft. Myers, Florida 33907 (239)277-0222 File No.: 3375-715858-07 SPECIAL WARRANTY DEED CFN 2 -108R0322440 OR Bk 26334 Pes 2595 - 2596; (2pas) RECORDED 04/21/2008 09:12:27 DEED DOC TAX 1,350.00 HARVE'f RUVIN, CLERK OF COURT hIIAMI-DADE COUNTY, FLORIDA State of Florida County of Miami -Dade THIS SPECIAL WARRANTY DEED is made on January 2008, between HSBC Bank USA, National Association, as Trustee for FBR Securization Trust 2005-3, a Delaware corporation having a business address at: 8480 Stage Coach Circle, Frederick, MD 21701,("Grantor"). and Fidel A. Perez, a married man and Daniel Perez-Zarraga, a married man having a mailing address of: 2001 SW 37th Avenue, Miami, FL 33145 ,("Grantee"), WITNESSETH, that the said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, remised, released, conveyed and confirmed unto said "Grantee", it's successors and assigns forever, following described land, situate, lying and being in the County of Miami -Dade, State of Florida, to -wit: Lot 413, Block 18 of Coral Gate, Section C, according to the Plat thereof as recorded in Plat Book 49, Page(s) 65, of the Public Records of Miami -Dade County, Florida. POA recorded in the Public Records of Miami -Dade County, Florida on 04/05/2007 in�.'-rument number 2007R0345156. Tax Parcel Identification Number: 014109 0111120 SUBJECT, however, to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions or requirements imposed by governmental authorities, 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 Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; and that said land is free of all encumbrances except taxes accruing subsequent to 2007. That it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. Page 1 of 2 3375 - 715858 Book26334/Page2595 CFN#20080322440 Page 1 of 2 -2-9tk - - NeM'67'5e'E 177:Ne' STIREE 1---� �i- SW 21st Street 60' TOTAL IDOHT-OP-WAY „yQ -1&444 1R28773D' i RAMO Lana Toad=]2 D.Ti(.15 g ld 412 Bloor AB 3 $ nNAt wT c e3 9c N 49, P � r• Q .. O g Lot 413, Dad 19 CORAL GAT SEG 0 B 50 PG N' Dr ar poor rod iEMda UN46 54. Pc4YG X( Dormant BOUNDARY SURVEY GRAPHIC SCALE ( Dr res= ) 1 knob - m A TOTAL AREA OF 3 LOTS=19769 SQ.FT. LEGAL OFSCRIP1O1 Lot 413, Moak I& CORAL GAT 5j. G. aaudk,y AO. At Poo 63 el As Public Do*. d Wod-OaP. 00044 Florida. 10t£DIO1 MRb Lot 414 Mad 14 CORAL OAT SEG 0, amain Io Me Rat Maeot, N Fu9k Roar& d Wad 004. Canty.. Fbko TOGETHER 01111: In1 427, Moak I& CORN 081E SEC 0, amaep W Do POI thaa0 o POET Rant of DOM-Dodo Canty, Florida. SHRIFT FOb 2001 5W 37111 AVENI.E 2021 SW 31111 AVONE 2120 5W 37111 AWAIT W/440 RO1DA 3314E TRACT A LOCATION SKETCH NOT TO SCALE to the Plat, U,NMl,.O,EAFg4r4,N:AMt Wont, rw94N M Rat Bo* SO at Poo 34 el doe recor4M N Rat DOak 50 A Poo 34 of Na I MEREST CER14F. Thal O. SQTCH.Ir %BMX al DA abme mptiona property A Oary4et4T mow no amadMm Sd/a direction, to Na bat d my knowledge on4 ballot ThNw, aaowls a ace. the 1hBa mTMnkd tad4A Met forth b7 DM Robe Bm4 of UM Aram. N Clnytw 7(MWx a b8Nsbo4M CaPOvont Soak° 412027, Fla. Valuta // / DELTA MAPRNO NO 91TA.1110. Mr. IS]N 5111321E AWARE. NO. 117 / • _3 . 02 •/3 DIML FLORIDA 131D6 ll7001 DO F. PAQ DAM SIGNED: PR5T.90Ne1 3204 I AM MAPPER NO 3234 CERLFlCA0E OF AUMOM2ATN 'STATE OF RCM LB. NO. 7050 STATE GP RC46DA 780-429-1024 FAX 766-592-1152 I(L000 ZENO X BA4: PAI1L N0. 120601:02941. 1:01111IMn NO 120050 DATE DP MAP. 9-11-09 ZInffAE MAY RE ADOTWNAL 1E00C110119 TNAT AR NOT 91UM CO 1M5 S1RKY MAT MAT BE 4UNO N THE PLILC RECEDES OP THIS DOOM 3)FBLWNA504 OF ABSTRACT O LIRE M EL H.AYE 10 BE MADE 1O WANK PEOPLED 1510U1IDO , r ANY. A4FECDNO PEPERn 4)TIC CERTFICAOCH ONLY. THE MOS AS OR REM. 6 ENCUMBNNCES AB5MAC1 NOT ROAMED • IT 5 HOT A CFP141GiNN OF NIL IIMNF EA9MEN1$ 5•YOGSOI APO EENIII1CADDN OF UIXTIATS, IF ANY NE NOW N A60469* E WDI RECOMO RAT 6J5041ER9IP 15 41&ECT TO LwMUR OF 1114F 7)7TPE DF SURKM. BOPOAFT 0*IVEY. f,.....:.. 0/NE PROPERTY WAS AgD.1E0FAND DESd1ME SHOWN BASED ON NE LEGAL DESR 0PnM O446 BY WENT 0)41RBEY MAP ADO won OR 1PE COPIES NNFAEr .18E NOT 48.0 AND FOR REM1CC MY, UNLESS 9040) /ND SEALED NM THE CMOW1 RH9D 5E/L OF A PLFDDA WPM SURVEYOR AND YAPPER 10)1115 PLAN OF SURVEY. 11As BEEN PREPARED 10111E MUSK USE OP TIE ENTITIES N.111D NFREOH THE GOOTIC11E ODES NOT E211)10 TO ANT UNNAMED PARRS 11 OINO u1401E5 ME NDT DZPITD 2E1E0E CONTACT THE 0PPROPMAIE AOTI05n PM01 ro ANY DF IN 9 N ma 464451IUC744 DN THE PROPERn xEREN I 010040 SURYFYOR SINE BE xon11FD As ro ANY RNAnaI FRW V13I15S SEMI 4EI0DN. 12)11IE 9MIEOO11 OP REc01e 006 NOT &IFAWXE OINEI9R V FOCI'S. MFA4IBENFNR WIN 1EK01 WET 181513X LOCA701 OP FENCE 10)A0WRACI: 1TU EIRIAN USE O LAND AS 7A59FIN N DIE MUM CC BODA L 51YOAR05 (54-IT TAG),•suf FEET. BHE ACCURACY . THE NIN9FUN 5.8141E 0STNKE Af111PY'Y FOR LIE 111E OP BUROAE1 9NAEY e 1 FOOT N T540 EO.T. 1NE GoixO CBTAIWD BY YF/9.NFMFM AXp gLOXADOf OP A 5DSE0 GEOMETRIC FIGURE WAS FUN. 10 EXCEED THIS REUNEMS ER TON 914E INSTANCES, CRARIX PEIFOODA 7ARON0 HAW BEEN WES.14 AL 10 MOLE 05416Y. AWSIRAIE RU10191R5 SCOW PNI9EN IPp0.9EN15.470/0l L01 W6 N'All CAPS, 00089W5 SHOW 9WL 461140.12E LDGMI Of THE ID OMEN ANy FR SCALED PONEANS • 1551E ATIOPT HAS BEEN MADE 10 LOCATE ANY 10AOATNN BENEATH TIE SURFACE HEREIN OF NNE (N.W0. 16)EXNTACT THE A/YRON. 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