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Home My WebLink AboutApplication & Supporting DocumentationThis instrument prepared by, and after recording return to: Name: Javier F. Avino, Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas Miami, Florida 33131-3261 (Soave reserved for Clerk of Courfl DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2012, by One Fountainhead, LLC (the "Owner"), in favor of the City of Miami, a Florida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 4136 North Miami Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change and land use amendment for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. , adopted on , 2012 and attached hereto and made a part hereof as Exhibit "B'; and WHEREAS, it is the Owner's intent to develop the Property for use as an office building. MIA 182,421 103v3 4-10-12 1 NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest 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. Zoning Regulations. The Owner agrees to adhere to the "T5-O Designation" under Miami 21. In addition, the Owner agrees to the following restrictions: 1) irrespective of the T5-O regulations no residential uses will be developed; and 2) the proposed development will be in substantial compliance, as determined by the City of Miami Planning Director, with the plans prepared by Rodriguez and Quiroga, dated September 22, 2011, and attached hereto as Exhibit "C". 3. Effective Date. This instrument 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. 2 MIA 982,421103v_3 4-10_12 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours 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. 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, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released. as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected MIA 182,421,103v3 4-10-12 3 by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. 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. 8. Recording. This Declaration shall be filed of record among the Public Records of 'Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 2nd Avenue, 4th Floor, Miami, FL, 33130-1910 within thirty(30) days of recordation. MIA 182,421,103v3 4-10-12 4 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of IN WITNESS WHEREOF, has caused these presents to be signed in its name by its proper officials. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE One Fountainhead, LLC 4136 North Miami Avenue Miami, Florida 33133 By: The foregoing instrument was acknowledged before me by the manager of , a corporation, on behalf of the corporation. He is personally known to me or has produced Florida Driver's licence: , as identification. Witness my signature and official seal this day of , 2010 in the County and State aforesaid. My Commission Expires: MIA 182,421 103v3 4-10-12 Notary Public -State of FLORIDA APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU City Attorney APPROVED: FRANCISCO GARCIA BARNABY L. MIN Planning Director Zoning Administrator 6 MIA182,421;103y3 4-10-12 EXHIBIT "A" The North 44 feet of Lots 23 and 24, and the North 50.00 feet of the South 100.00 feet of Lots 23 and 24, Block 5, BUENA VISTA HEIGHTS ADDITION, according to the plat thereof as recorded in Plat Book 3, at page 22, of the Public Records of Miami -Dade County, Florida, less the East 10.00 feet of the North 44.00 feet of said Lot 24, and Tess that part of Lot 24 which lies within the external area formed by a 15.00 radius arc, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.00 feet West of and parallel to the East line of said Lot 24. ZONING DATA Site Data Summary Address Felo Number. Legal Description Goveming Code Zoning District Lot Dlmensbns Net LntArea BulldIng Boding Footprint Gross Bilking Area Ground Floor First Floor Second Floor Office Use Floor Area Retail Use Floor Area Setbacks Pdnd7al Front (East) East proposed Secondary From (North) North proposed Side (West and South) West proposed sown proposed Building Height Maximum Allowed Proposed Open Space Open Space Required Open Space Proposed ONfStreet Parking Vehicular Parking Required Vehicular Parking Proposed Bicycle Racks Required Bicycle Racks Proposed 4136 N. Miami Avenue, Miami, Florida 33127 DiJ124-020-1010 Refer to Survey City of Miami. Miami 21 Zoning Cale 74.. General Urban Zone (baited) Refer to Survey 0,400 a.f. (0216 Acres) 4,500 gs.l. 16.300 gs.f. 4,500 gs.f. 5D00 gs.f. 5,900 Es!. 6.601 ns.f. 2,360 ns.f. 30 ft. min. 00. 1011. Mn. 0 ft. 5 ft. min. 21ft 131L 35mrks max. and 400. max 3 Storks and 500. 15%of Lot Area min. (1 A10 sl.) 2,700 s.L (Includes 1,400 s.f.Anede) 3 spaces per 1,000 sf. of Office use (26 spaces) 26 spaces (including 2 required accessible spaces) 1 Bicycle Rack Space per 20 Vehicular Parking spares 2 spaces VEHICULAR ENTRANCE/EXIT NW 42 STREET CONC. WALK COVERED ARACDE NEW OFFICE BUILDING THREE STORIES, 50 FT HEIGHT W/ UNDERGROUND PARKING (1 LEVEL) RAMP ON. 12.5%SLOPE 5 FT SETBACK GREEN AREA 0 4' 8' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, SITE PLAN 16' 2011 5 3 STOR. 20-0' F -I i 2 MECH. ELEV .46 18'-0' PARKING (26 SPACES) 23'-0' 23 24 21 22 19 17 15 20 18 18 13 14 18'-0' 18'-0. RAMP UP. 125% SLOPE 100-0' 11 12 9 10 7 N _ 0 4' 8' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, BASEMENT PLAN - PARKING RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED 16' 2011 N 0 4' S' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, GROUND FLOOR PLAN RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED 16' 2011 tttt� ttt lltlt !��' •' _ inma 11!\Ittll I II I111 �1 tlttlg 1 Illllt .,n 0 4' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 FIRST FLOOR PLAN RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED in 11 1111111* N 0 4' 8' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, SECOND FLOOR PLAN RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED 16' 2011 N 0 4' 8' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 ROOF PLAN RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED nnnnnnnnnnnnnnnnnnnnnnn o - — ❑❑❑❑ ❑❑❑a - ❑❑❑❑ a❑❑ II ❑1 ❑❑ ❑❑❑❑ 0 4 4 ROO ECOND FLOOR IRST FLOOR GROJND FLOOR 4136 NORTH MIAMI AVENUE SEPTEMBER 22 EAST ELEVATION - NORTH MIAMI AVENUE RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED 011 ROOF ❑❑ SECOND FLOOR FIRST FLOOR GROUND FLOOR 4136 NORTH MIAMI AVENUE NORTH ELEVATION - 42ND STREET RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED SEPTEMBER 22, 2011 ROOF SECOND FLOOR FIRST FLOOR GROUND FLOOR ❑❑ ❑❑ 4136 NORTH MIAMI AVENUE WEST ELEVATION RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED SEPTEMBER 22, 2011 ROOF SECOND FLOOR FIRST FLOOR u' GROUND FLOOR ❑❑ ❑❑❑ 4136 NORTH MIAMI AVENUE SEPTEMBER 22 SOUTH ELEVATION RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED 2011 REZONING APPLICATION MIAMI 21 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. The deadline to file the complete: application with supporting documents is the last five working ' days of:each: month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. '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 before the deadline 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 (8Y2x11") 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. 02�j2 Rev. 06-2011 MIA 1R2 27R OA4v1 12-! -11 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards 2 APPLICATION Please refer to -Article 71.2 8;;of the Miami 21 Code for Rezoning information. Applicant(s). .Javier F. Avino Esquire on behalf One Fountainhead Center LLC 2. Subject property eddress(es) and folio number(s): approx. 4136 N. Miami Avenue, Folio 01-3124- 020-1040.:;: Present zoning`designation(s): . T4-L Proposed zoning designation(s): T5-O 5 Per, Miami.21, Article 7 1 2.8; ..c.2 (g), an analysis of the properties within a one-half mile radius of the subject,,;, property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 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. 7. 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. 8. 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. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed .by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. 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 whosigned the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? .21 acres CITY OF MIAMI H E A R IM-G BOARDS Rev. 06-2011 MIA 1 R7 27A fA4v1 12-5-11 Ph: 305-416-2030 444 SW 2nd Ave 7d' Floor Miami, F.I.33130 uww.miamigov.cc>m/hearing—boards 3 REZONING APPLICATION e purpose of this application%nature of proposed use? Rezone property • Is the , property ..within :the ,,,boundaries '.of a historic site, historic district or archeological zone? Please contact the Planninlg Department''on the 3rd Floor for information. no 20 Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning'Department on the` 3rd Floor for; information. no 21 Cost of,processing according to Section 62-156 of the Miami City Code*: Change of zoning classificatii'on to a CS, T3-R, T3 L, T3-O, per square foot of net lot area Minimum $ .15 $ 635.00 b. T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of net lot area $ .20 Minimum $ 750.00 c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25 Minimum $ 900.00 d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in the form of a certifiedorder. check, check, or money Signature Address 333 Avenue of the Americas Name Miami, FI 33131 Telephone 305-579-0703 E-mail avinoiAgtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this /Z day of cJa4 .e/ 20 lc , by Javier F. Avino, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who di• (did not) take an oath. (Stamp) CITY OF HEARING ,o�Pa+ Pua,, MARISOL RODRIGUEZ ='r Notary Public . State of Florida My Comm. Expires Sep 27, 2014 e��?s Commission-#-EE-30092 MI BOARDS Rev. 06-2011 MIA 1R2 27R f.4v1 12-.. -11 Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards Analysis Property: 4136 N. Miami Avenue Current Zoning: T4-L Proposed Zoning: T5-O - This is a request for rezoning from T4-L to T5-O. - The subject property is abutting T5-O to the South and is the last property on the block to abut T5-O. The rezoning will provide continuity of the zoning designation to the end of the block, and will not have a negative impact on the area. - The property fronts N. Miami Avenue an important corridor adjacent to the Design District and in close proximity to Midtown and Wynwood. - Miami 21 allows T4-L property to be rezoned to the classification which it abuts, in this case T5-O and complies with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 successional zoning. - The proposed change will be consistent with the Miami Comprehensive Neighborhood Plan. - This designation will allow for a more meaningful office building, keeping in scale with the immediately adjacent property. - This rezoning will not change the permitted uses but will only relax the development parameters thus allowing for a better architecture that is compatible and revitalize this area. REZONING APPLICATION :OF AUTHORITY T 0 ACT Beforeme this day, the undersigned personally appeared Javier Avino , who being by me first deposes and says: hat 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. s 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 forthe change or modification of a classification or regulation of zoning as set out in the foregoing petition, X 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. Javier F. Avino, Esquire Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ant(s) Signature The foregoing was acknowledged before me this / 2 day of 20 (2 , by Javier F. Avino, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) ignature ``jprF Nys MARISOL RODRIGUEZ 4 ?•- 1 Notary Public - State of Florida 1 1.0No;; My Comm. Expires Sep 27, 2014 0 '�,;;oFp i Commission # EE 30092 Rev. 06-2011 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 / 11 SW 2^d Ave 7th Floor Miami, FL 33130 www.miamiunv.rnm/hearinu hoards 5 REZONING APPLICATION ISCL;,OSURE OF O WNERSHIP 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 fists, if necessary. Owner's'Name( One Fountainhead Center, LLC Percentage of Ownership Robert Bravo 50% and Ana Bravo 50% Subject Property Address(es) approx. 4136 N. Miami Avenue See attached Exhibit "A" 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): 4141 N. Miami Avenue �Glru C.� Fes` r V► C� Owner(s) or Att` orne�r Name Legal Description(s): BILTMORE SUB PB 6-67 LOTS 11 & 12 s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ! a day of 20 j ?.- , by ' who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not take an oath. Rev. 06-2011 ':=O+PPr PP `a9CC; MARISOL RODRIGUJEZ ", Notary Public - State o/ Florida 1 6 ; My Comm. Expires Sep 27, 2014 ; Commission-#-EE-30092 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2^d Ave 7d' Floor Miami, FL 33130 www.miamivnv.com/hearing hnarris 6 EXHIBIT "A" LEGAL DESCRIPTION: The North 44 feet of Lots 23 and 24 and the North 50 feet of the South 100 feet of Lots 23 :and 24 in Block 5, of .AMENDED PLAT BUENA VISTA HEIGHTS ADDITION, according to the Plot thereof, as recorded in Plat Book 3 Page 22 of the Public Records of iamj. Dade County, Florida, LESS the East 10 feet of the North 44 feet of said Lot 24 and less that part of said Lot 24, which lies within the external area formed by a 15 foot radius arc, concave to the Southwest, tangent to the North line of said Lot 24 and tangent to a line that is 10 feet West of and parallel to the East line of said• Lot. Folio # 01-3124-020-1040 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, andappearing 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: HOME ADDRESS: CITY; (First Name) (Middle) (Last Name) (Address Line 1) (Address. Line 2) STATE: ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL:. FUSSINESS or APPLICANT or ENTITY NAME One Fountainhead Center, LLC BUSINESS ADDRESS: 4141 N. Miami Avenue, Suite 304, Miami; Fli 33127 (Address Line 1) (Address Line 2) 1. Please describethe issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or, committee. Approval of rezoning and land use for property at 4136.N. Miami Avenue, Miami, Florida 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 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 I hereby acknowledge that it is unlawful Ordinance 12918 and such circumvention or civil penalties that may be imposed disclosure requirement was not fully and 1. the application or effect; and. 2. no application from considered by the nullification of the PERSON SUBMITTING DISCLOSURE: ACKNOWLEDGEMENT OF COMPLIANCE to employ any device, scheme or artifice to circumvent the disclosure shall be deemeda violation of the Ordinance; and that in addition under the City Code, upon de ermination by the City Commission timely satisfied the followin may occur: order, as applicable, shall be deemed void without further force any person or entity ?for the same issue shalt be reviewed applicable board(s) until xp ation of a period of one year after application or order. requirements of to the criminal that the foregoing or or the / / b(�4/ Signature Print Name this / H day of JCC61,18EK , 20 / l Sworn to and subscribed he/'ore me instrument was acknowledged STATE OF FLORIDA CITY OF MIAM MY COMMISSION. EXPIRES: The foregoing has produced take an oath. _ _. before me by , who . `. 400 Doi, Notary Public State of Florida Marie Joe Ambroise 'erti°c°' My Cos mission EE5059824 1977 to me and who did/did not lV%R/E Notary .70E ,•/tV3AVlaSE Enclosures) Doc. No.:86543 Pant Name Page 2 This Instrument Prepared bv: MATT WEINSTEIN, ESQ.,Attorney at Lai 9300 So. Dadeland 11hd.. Suite 408 dlfomi, FL 33156 aria I lkii FROM CORPORATION THIS INDENTURE, made this day of , A.D. 1999, between LEE HOLDINGS COMPANY, INC., a corporation existing uncle the laws of the State of Florida, hereinafter known as the party of thc first part and ONE FOUNTAINIIEADC NTER,L.L C. A limited liability corporation organized under the laws of Florida, whose address is; y(y! tea' %�/i�a+% 3 d `/, /Zlrtik' hereinafter known as the party of the second part, RFC. 187045.42 WITNESSETH • 99R4.E.,1603 1999 AUG 27 15:41 DOCSTFDEE 3,000.00 SURTX 2,250.00 HARVEY RUVIN, CLERK DADE COUNTY, FL That the said party of the first part, for and in consideration of the sum often dollars ($10.00) to it paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of thc second part, and its heirs and assigns forever, the following described land, situate, lying and bcing in the County of Dadc, State of Florida, to wit: Parcel one: Lots 11 and 12, of Block 8, BILTMORE, according to the plat thereof as recorded in Plat Book 6, at page 67, of the Public Records of Dadc County, Florida, Icss the Wcst 10.00 feet of said Lots 11 and 12, and less that part of Lot 11 which lics within the external arca formed by a 15.00 radius arc, concave to the Southeast, tangent to the North line of Lot 11 and tangent to a line 10.00 feet East of and parallel to the Wcst of said Lot 11. Aka 4141 No. Miami Ave., Miami, Florida; Folio 1/0I-3124-020-1250 Parcel two: The North 44 feet of Lots 23 and 24, and thc North 50.00 feet of the South 100.00 feet of Lots 23 and 24, Block 5, BUENA VISTA HEIGHTS ADDITION, according to the plat thereof as recorded in Plat Book 3, at page 22, of the Public Records of Dadc County, Florida, less the East 10.00 feet of the North 44.00 feet of said Lot 24, and less that part of Lot 24 which lies within the external arca formed by a 15.00 radius arc, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.0D feet Wcst of and parallel to thc East lint of said Lot 24. Aka 4136 No. Miami Ave., Miami, Florida; Folio 401-3124-020-1040 And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, excepting only taxes imposed subsequent to Dec. 31, 1998, and a mortgage dated July 8, 1999, from Grantor in favor Gilson Investments, Inc. IN WITNESS WHEREOF Thc party of the first part has caused these presents to be cxcctitcd in its name, and its Corporate Seal to be affixed hereto, by its proper Corporate Officers, thcrcunto duly authorized, the day and year first above written. �5.. C�wLGL print nam �!)� V t ! `G .__5.11.0 S print name: n ; 2_(/-[sry V LEE HOLDINGS COMPANY, I INF by: �'�` �� I• Corpori,�git! G'; prinl Pau. name: CNI EN L.Ct< &, , 27. • �t •l5C) s . sgk ATTEST: /LW (,.. .a�.t lCorp: St+trt.'tilry' �.EE r, print Sect y. name: COUNTY OF MIAMI-DADE _/ STATE OF FLORIDA �fjG// Nd �lAv�t 1 VC # J�o4 I HEREBY CERTIFY that on this day, before me, an officer empowered in the state and county last aforesaid to take acknowledgments, personally appeared Chien Lee, and Sylvia Lec to me personally known and known to be the Prcsidcnt and Secretary of LEE HOLDINGS COMPANY, INC., or who produced the following form(s) of identification: /' . •Di1 and they acknowledged executing the foregoing WARRANTY DEED freely and voluntarily under authority vested in them by said Corporation and that the seal affixed thereto is the true Corporate Seal of ' id Corporation. WITNESS my hand and Official Seal this/ day of J /.17`, 1 •.9. SYvr A NAuVFFY ROAN rr x oecuir r.:air{T y publice corm t. Prim notary name: __.__ P.B. 3, PG. 22 0' 10' 20' 40' GRAPHIC SCALE SCALE : 1" = 20' LEGEND iConcrete light Pole *MU' Metal Light Pole Guy Wire rOO Utility Power Pole • Fire Hydrant wm ® Water Meter ® Electric Box ® Telephone Box O$ Sewer Manhole --OUL-- Overhead Utility Unes X'm Light. Pole DQ Gas Valve WV Water Valve ® Water Manhole Telephone Manhole 12 Monitoring Well a Parking Meter ® Unknown Manhole O Sewer Valve Mail Box :"' Spat Elevation O Temporary Benchmark 1.5'-15'-10' Diameter -Height -Spread Right -of -Way Unes () Property Comer Traffic Sign Catch Basin ar Drainage Manhole —w—n— Wood Fence Iron Fence C B.S. Wall ® Cleon Out GP • Guard Pole —x— Chain Link Fence A A/C ASPH. B.M. C.8.5. C.C. C/L C.LF. CONC. C.S. DINT. (0) E.T.P. F.F.E F.I.P. F.N.D. F.R. I.D. INV. F.I.P. a" (NO ID)/2.)) tax 11 03 Rip.2 0 1/2 , (NO ID.) FCEL If) 1— BOUNDARY SURVEY PJ4II ERTT' LINE ME)1SUREp SOD S00 S a,j 100.00' (R)1 99.83' (M) PAT 7191 19 1) `PROPERTY UNE ASP DEED_ ( /ID 2. :.:". Dr:RF: i... ._./1T ?J 1 DEED .E6 t-.l: _I (i L.. 22, (NO ID.) ' ' ' '• `i 7.0 NORTH BIEN ABBREVIATIONS Arc Length Air Conditioner Pad Asphalt Benchmark Concrete Block Structure Curb & Gutter Center Une Chain Link Fence Concrete Concrete Slab Driveway Warranty Deed Electric Transformer Pad Finished Floor Devotion Found Iron Pipe Found Nail & Disc Found Reber Identification Inverts LF.E. M/L (M) P.B. P.C.P. PG. PL P/L P.O.B. P.O.C. P.R.M. R/W swl(. T.B.M. V.G. BLOCK 5 ..ENDED PLAT VISTA HEIGHTS ADDITION" (0 P.. d, PT w. 22) Lowest Floor Elevation Monument Una Plat Measured Plat Book Permanent Control Point Page Planter Property Line Point of Beginning Point of Commencement Permanent Reference Monument Right -of -Way Line Sidewalk Temporary Benchmark Valley Cutter 16 O1 IIIIIIIIJ 17 N.W. 42nd STREET 18 9 8 7 19 20 21 22 5 4 3 2 N.W. 4lst STREET LOCATION SKETCH NOT TO SCALE Z N.E. 42nd j STREET 0 F� a' 0 SURVEYOR'S NOTES: I. Field Survey was completed on: December 16th, 2011 2. LEGAL DESCRIPTION: The North 44 feet of Lots 23 and 24 and the North 50 feet of the South 100 feet of Lots 23 and 24 in Block 5, of AMENDED PLAT BUENA WSTA HEIGHTS ADDISON. cording to the Plot thereof, as recorded in Plat. Book 3 Page 22 0l the Public Records of Miami -Dade County, Florida, LESS the East 10 feet o1 the North 44 feet of said Lot 24 and loss that part of said Lot 24, which lies within the external ara formed by a 15 foot radius arc, concave to the Southwest, tangent to the North lino of said Lot 24 and tangent to a line that is 10 feel. West of and parallel to the East line of said Lot. Folio R 01-3124-020-1040 Containing 9,337 Square Feet or 0.21 Acres more or less by calculations. Legit description provided by client. 5. SOURCES OF DATA ASTO HORIZONTAL CONTROL - North Arrow refers to Plat Book 3, Page 22 of the Public Records of Miami -Dade County Florida. - Munidpd City Atlas Sheet Na. 16 L - State Road North Miami Avenue, Right of Way Map recorded in Plat Book 83, Page 2, Public Records of Miami -Dade County, Florida. ASTO VERTICAL CONTROL' By scaled determination the subject properly lies in Flood Zone X, as per Federal Emergency Management Agency (FEMA) Community -Panel Number 120650. Map No. 12086C0304, Suffix L, Firm Index Oate: 09-11-2009, Firm Panel Effective/Revised Cate: 09-11-2009. An accurate Zone determination should be mode by the preporer of the mop, the Federol Emergency Management Agency, or the Local Government Agency hating jurisdiction over such matters prior to any judgments being made from the Zone as noted. The referenced Federal Emergency Management Agency Map states In the notes to user that "this map is for insurance purposes only. The vertical control element of this survey was derived from the N.G.V.O., 1929. Benchmarks used: Miami Dade Benchmark C-243, Elev.= 15.13' N.C.V.O, 1929 Location: NE 37 el --- 20' south of C/L provded from the east Hwy g 195 --- directly under hwy overpaos Federal Hwy -- 7' west of west eons curb 26' a of a Rol of RR Tracks and 2' above ground level vs e dc g disc in west lace of north column of overpass Miami Dade Benchmark N-424-R, Elev.- 15.3' N.GVD, 1929 NW 36 St -- 34' South o1 C/L NW 2 Ave -- 36' West of CAPk Nail and Dross Washer In cone sidewalk al SE corner of mlerseclim next to a metal sculpture that roads Wyrwaad. on m 4. ACCURACY: The accuracy obtained by measurement and edculalfon of dosed geometric figures was found to exceed this requirement. 5. UMITATONS: Snce no other information other than what is cited in the Sources of Data was furnished. the Client Is hereby advised that there may be legal restrictions on the Subject Property that are not shown on the Survey Map or contained within this Report that may be found in the Public Records of Miami -Dade County, or the lords of any other public and private entities as their jurisdictions may appear. The Surveyor makes no representation as to ownership or possession of the Subject Property by any entity or individual who may appear in public records. No excavation or determination was made as to how the Subject Property is served by s utilitieNo improvements were located, other then those shown. No underground foundations, improvements and/or utilities were located or shown hereon. This notice is required by the "Minimum Technical Standards for Land Surveying in the State of Florida," pursuant to Rule 5J-17 of the Florida Administrative Cade. Notice is hereby given that Sunshine State One Coll of Florida, Inc. must be contacted at 1-800-432-4770 at least 48 hours in advance of any construction, excavation or demolition activity within, upon, abutting or adjacent to the Subject Property. This Notice is given in compliance with the 'Underground Facility Damage Prevention and Safety Act' pursuant to Chapter 556.101-111 of the Florida Statutes. CER71FYTO: SURVEYORS CERTIFICATE I HEREBY CERTIFY: That the Boundary Survey of the above described property is hue and correct to the best of my knowledge and belief as recently surveyed under my direction. Further, there are no above ground encroachments unless shown. This survey et Surveyors minimudm t9Cchnlcd standards set forth by the Florida Board f Prpursuant to sectionr472027 Florida Staers, in tutes. Examinatioter 5J-17, n Hof thda e Administrative 1111e will have to 6e mode to determine recorded instruments, if any, affecting the properly. Location and Identification of utilities adjacent to the property were not secured as such information was not requested. Ownership is subject to opinion of nue. J. BONFILL&ASSOCIATES, INC. Florida Certificate of Authorization No. LB 3399 PROFESSIONAL SURVEYOR AND MAPPER No. 3179 STATE OF FLORoA Not valid without the signature and the origind raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than cc paining party or par prohibited without written consent of the signing party U 4 a 4 REVISIONS BY j'mjsb 11-0016 lob: 11-0376 c 12-16.2011 J.S,T.P Fhrekrd: J.IL lrnlc AS SHOWN :icld Rork ON FILE 1UD0TI OF 1