Loading...
HomeMy WebLinkAboutPZAB 11-07-12 Supporting DocsPZAB.4 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Zoning: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 09-00140cm Quasi -Judicial A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION OF A DECLARATION OF RESTRICTIVE COVENANTS DATED JULY 21, 2009, A COPY BEING ATTACHED AS AN EXHIBIT AND RECORDED IN OFFICIAL RECORDS BOOK 27027, PAGES 4518-4520, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1028 AND 1040 SOUTHWEST 36TH COURT; 985, 995 AND 1031 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA. Approximately 1028 and 1040 SW 36th Court; 985, 995 and 1031 SW 37th Avenue [Commissioner Francis Suarez - District 4] Iris Escarra, Esquire, on behalf of Gables 37, LLC 333 Avenue of the Americas Miami, FL 33131 (305)579-0737 T5-O Urban Center Zone This proposed modification will amend certain restrictions to the existing covenant. Continuance. See supporting documentation. November 7, 2012 M IAM 121 MAP ANTILLA AVE SIDONIA AVE Ti3R T3-O 0 150 300 600 Feet ADDRESS 1028 and 1040 SW 36th Court; 985, 995 and 1031 SW 37th Avenue SW 8TH ST J > T " 0 `SW 1 OTH ST -ram mint x M ',f I—. M �f�' rA tliM'•i iiCO 0 150 300 600 Feet ADDRESS 1028 and 1040 SW 36th Court; 985, 995 and 1031 SW 37th Avenue GT GreenbergTraurig October 9, 2012 Mr. Anel Rodriguez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 RECEIVED PLANNING DEPARTMENT 2012 OCT 10 All 10: 01 Iris Escarra Telephone:(305) 579-0737 Facsimile: (305) 961-5737 E-Mail: escarrai@gtlaw.com Re: Letter of Intent for Special Appearance for Modification of Declaration of Restrictive Covenant, 1028 and 1040 SW 36 Court, 985, 995 and 1031-1035 SW 37 Avenue, Miami, Florida ("Property") Dear Anel: On behalf of Gables 37, LLC, ("Owner"), we are submitting a Special Appearance application for a modification to a previously approved Declaration of Restrictive Covenant recorded in Official Records Book 27027 at Page 4518 of the public records of Miami -Dade County, Florida ("Restrictive Covenant"), attached as Exhibit A. The City Commission approved on July 23, 2009, by Ordinance No. 13085 a rezoning of the Property from R-3 ("Medium Density Multi -Family Residential") to 0 ("Office"). As part of the City Commission's consideration of the rezoning, the property owner at the time, proffered the Restrictive Covenant in order to assure the City Commission that access to the Property would be prohibited from SW 36th Court and that the project be built in substantial compliance with plans prepared by Ford Group, Inc. Furthermore, the Restrictive Covenant, in Paragraph 5 required that any amendment or modification to the covenant shall only require City Commission approval. We are asking that the City Commission consider a modification to the below modification to the Restrictive Covenant with all other provisions remaining the same. (1) Site Plan. The Property will be developed in substantial compliance with that certain site plan, on file with the City of Miami, dated February 4, 2009 and prepared by Form Group, Inc. entitled "Proposed Residential Building: 985 Douglas Road Apartments" Julio Acosta, Architect of Caymart Design, Inc. dated August 2012 (the "Site Plan"), which is deemed as being incorporated by reference herein. Should you have any questions, please call me at (305) 579-0737. Thank you very much for your attention to this matter. C ANIFEWOT3R7MG1®49-02ATTORNEYS AT LAW ■ WWW.GTLAW.COM 333 S.E. 2nd Avenue o Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 • 111111111111111111111111111111111111111111111 This instrument prepared by and, when recorded, should be returned to: A. Vicky Garcia -Toledo, Esquire Bilzin Sumberg Baena Price & Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 C:FM 20:D9R0699191 OR Bk 27027 Pas 4518 - 4520; (3P9s) RECORDED 09/28/2009 13:39:01 HARVEY RUVIH► CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owner ("Owner") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described as follows: Lots 34 throughout 38, inclusive less the West 10.00 feet thereof on Lots 20 and 21 of "ENGLEWOOD NORTH" according to the Plat thereof, as recorded in Plat Book 7 at Page 46 of the Public Records of Miami -Dade County, Florida. Street Address: 1028 SW 36 Court 1040 SW 36 Court 1031-1035 SW 37 Avenue 995 SW 37 Avenue 985 SW 37 Avenue IN ORDER TO ASSURE the City of Miami that the representations made by the Owner in connection with that certain public hearing application submitted to the City of Miami on February 4, 2009 for an amendment to the Zoning Atlas (the "Application") to designate the Property as 0 ("Office") will be abided by the Owner, its heirs, successors or assigns freely, voluntarily and without duress, Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) Site Plan. The Property will be developed in substantial compliance with that certain site plan, on file with the City of Miami, dated February 4, 2009 and prepared by Form Group, Inc. entitled "Proposed Residential Building: 985 Douglas Road Apartments" (the "Site Plan"), which is deemed as being incorporated by reference herein. (2) Vehicular and Pedestrian Access. Consistent with the Site Plan, there shall be no vehicular or pedestrian access to the Property from SW 36th Court. MIAMI 1758912,3 7857831576 7/17/09 Book27027/Page4518 CFN#20090699191 Page 1 of 3 (3) (5) Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned upon, the approval by the City Commission of the City of Miami, and expiration of all applicable appeal periods, of a rezoning of the Property from R-3 ("Medium Density Multi -Family Residential") to 0 ("Office"). (4) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property. Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owners) of the Property or portion thereof provided that the same is also approved by the City of Miami, Florida, after public hearing with written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of a simple majority of the City Commission of the City of Miami. Any. modification, amendment or release shall be in a form acceptable to the City Attorney. (6) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (7) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. Recording. This Declaration shall be filed of record by the Owner in the public records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall promptly furnish the Department of Hearing Boards with a recorded copy of this covenant. SIGNATURE PAGES FOLLOW MIAMI 1758912.3 7857831576 2 7/17/09 Book27027/Page4519 CFN#20090699191 Page 2 of 3 OR BK. 27027 PG 4 520 LAST PAGE Witnesses: Owner b( 7ceA -w Signatlue Print Name Signature ;thvg Ar71. Amos Print Name I.H. Real Estate Investor, Corp. By: I ci Herrera, ' esident ATTEST: Yaeaz-"c— Laura Herrera, Secretary (Affix Corporate Seal) STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ? / day of July, 2009 by IGNACIO HERRERA as President of and on behalf of I.H. REAL ESTATE INVESTOR CORP., who is personally known to me or produced a valid driver's license as identification. My Commission Expires: llIRIFICACIONMORENO a .0MMiSSIONtDD745559 € EXPIRES: May 2.2012 ed7Nu*buy Put&Undewdlers • MIAMI 1758912.3 7857831576 7/17/09 Notary Publi l Print Name: l�l�!� �l �}��,U „mei)(� aURIF1CACI0NMORENO MY COMMISSION 1 DO 745559 XBondedTPIRN wpPo* Unda1rwrllnl Book27027/Page4520 CFN#20090699191 Page 3 of 3 This instrument prepared by and When recorded, should be returned to: Iris Escarra, Esquire Greenberg Traurig PA 333 Avenue of the Americas Miami, Florida 33131 RECEIVED PLANNING DEPAR T MEIC. 2012 OCT 10 10: 08 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owner ("Owner") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described as follows: Lots 34 throughout 38, inclusive less the West 10.00 feet thereof on Lots 20 and 21 of "ENGLEWOOD NORTH" according to the Plat thereof, as recorded in Nat Book 7 at Page 46 of the Public Records of Miami -Dade County, Florida. Street Address: 1028 SW 36 Court 1040 SW 36 Court 1031-1035 SW 37 Avenue 955 SW 37 Avenue 985 SW 37 Avenue IN ORDER TO ASSURE the City of Miami that the representations made by the Owner in connection with that certain public hearing application submitted to the City of Miami on February 4, 2009 for an amendment to the Zoning Atlas (the "Application") to designate the Property as 0 ("Office") will be abided by the Owner, its heirs, successors or assigns freely, voluntarily and without duress, Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) Site Plan. The Property will be developed in substantial compliance with that certain site plan, on file with the City of Miami, dated February 4, 2009 and prepared by Form Group, Inc. entitled "Proposed Residential Building: 985 Douglas Road Apartments" Julio Acosta, Architect of Caymart Design, Inc. dated August 2012 (the "Site Plan"), which is deemed as being incorporated by reference herein. (2) Vehicular and Pedestrian Access. Consistent with the Site Plan, there shall be no vehicular access to the Property from SW 36 Court. 11 A/A 4O/1 0/17 1O4..A A/1 !1 4.1 (3) RECEIVED PLANNING DEPARTMEN 2012 OCT I 0 AM 10: 08 Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned upon, the approval by the City Commission of the City of Miami, and expiration of all applicable appeal periods, of a rezoning of the Property from R-3 ("Medium Density Multi -Family Residential") to 0 ("Office"). (4) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property. (5) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) of the Property or portion thereof provided that the same is also approved by the City of Miami, Florida, after public hearing with written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of a simple majority of the City Commission of the City of Miami. Any modification, amendment or release shall be in a form acceptable to the City Attorney. (6) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (7) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (8) Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. (9) Recording. This Declaration shall be filed of record by the Owner in the public records of Miami - Dade County, Florida at the cost of the Owner as provided in Section 3 of this A Al A 4 on Oflfl o)CA..A A/1 A 4,1 RECEIVED t PLANNING GEP'ARTME C 'Z Declaration. The Owner shall promptly furnish the Department of Heari4! h i0: 08 recorded copy of this covenant. Witnesses: Owner: Signature Print Name Signature Print Name Gables 37, LLC, a Florida Limited Liability Company By: STA 1 b OF FLORIDA: ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2012 by as of Gables 37, LLC, a Florida limited liability company, who is personally known to me or has produced Notary Public, State of Florida Print Name: My Commission Expires: Approved as to Form and Correctness: Approved: By: By: Julie O. Bru. Esq. Francisco Garcia City Attorney Director of Planning and Zoning Approved: By: Barnaby L. Min, Esq. Zoning Administrator II AlA AOn 0110]7CA..A 411A 4A SPECIAL APPEARANCE APPLICATION RECEIVE_ PLANNING AND ZONING DEPARTMENT, HEARING BOARD LhME ARTMENT 444 SW 2"d Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 2V2- 1fi-293cpM E4: I 0 vvw:.miamigov.com/hearing boards Welcome to the City of Miami! ;This application is intended to serve asa 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': submittaldate 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 informationcontained 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'/zx11") 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. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Office of Zoning. Rev. 07-2012 1 SPECIAL APPEARANCE APPLICATION 1. Applicant(s): Iris Escarra, Esquire on behalf of Gables 37, LLC fEGL{V PLANNING DEPARTMEN ZOI2OOT ID Ati10:07 Subject property address(es) and folio number(s): approx. 985 and 995 SW 37 Avenue/ 1028, 1031 and 1040 SW 36 Court Folio. Nos.': 01-4109-023-0280, 01-4109-023-0270, 01-4109-023-0140, 01-4109-023-0260 and 01-4109-023-0150 . One (1) original survey dated within six (6) months from the date of application prepared by a State of Florida registered land surveyor. 4. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 5. After Hearing Boards, Public Works, Zoning and Planning initial and date the plans, two (2) 11x17" and one (1) 8%x11" copies of the original plan, including the survey. 6. Current Zoning Referral and Write -Up signed by the Office of Zoning designee. 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, less 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 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? approx. .80 acres Rev. 07-2012 2 SPECIAL APPEARANCE APPLICATION 18 What is the purpose of this application/nature of proposed use? Approval of modification to prev• ious approved covenant, recorded; n OR Book 27027 Page 4518. 19. 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 20. 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 21. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 30 mins and/or ❑ City Commission 30 mins 22. Cost of processing according to Section 62-22 of the Miami City Code*: a. Petition for Public Hearing b. Petition for Public Hearing requiring City Commission review c. Advertising d. Mail notice fee per notice e. Meeting package mailing fee per package $ 1,500.00 $ 2,500.00 $ 1,500.00 $ 4.50 $ 600 *Fees over $25, v. 00 shall b paid in the form of a certified check, cashier's check, or money order. Signatur Name Telephone 305-579-0737 E-mail rodriquezms( gtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Iris Escarra, Esquire Address 333 Avenue of the Americas Miami, Florida 33131 The foregoing was acknowledged before me this 20 / Z , by Iris Escarra, 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) day of 017-)1:21e4 Signature ,`iPaY ^;4'% ''MARISOL RODRIGUEZ e ° Notary Public - State of Florida My Comm Expires Sep 27, 2014 %rF,, 4.Commission # EE 30092 Rev. 07-2012 3 SPECIAL APPEARANCE APPLICATION 'OF AUTHORITY T 0 ACT Before me this day, the undersigned personally appeared Iris Escarra, Esquire , 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, 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. Iris Escarra Applicant(s) Name pplicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 / Z , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personal) kn o me or who has produced as identification and who did did not) take an oath. (Stamp) R;Lezzi-Le, ianatare MARISOL RODRIGUEZ Notary Public • State of Florida My Comm Expires Sep 27, 2014 Commission # EE 30092 Rev. 07-2012 4 SPECIAL APPEARANCE APPLICATION DISCLOSURE OF O WNERSHIP 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. Gabtes 37 iclq)!Z Owner's Name(es) .3 ables, LLC /1442-- Percentage of Ownership See attached Exhibit ' B" Subject Property Address(es) Approx. 985 and 995 SW 37 Avenue/ 1028, 1031 and 1040 SW 36 Court 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): Legal Description(s): none Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing acknowled d befpre me this 3- day of 20 /Z , by .JD5401? who is a(n) individual/partner/agent/corporation of 37 �� I/Lj' a(n) individual/partnership/corporation. kle/She is personally known to me or who has produced as identification and who did (did not) take an oath. BEATRIZ BAQUEDANO MY COMMISSION # EE 083194 EXPIRES: June 17, 2015 "4,o., ,,.fin'' Bonded That Notary Public Underwriters tiler,t..iiSii�:+'rxraityxsux.o.mre : Rev. 97-2012 S afure EXHIBIT "A" LEGAL DESCRIPTION Property Address: 1031 S.W. 37th Avenue, Miami, Florida 33135 Folio No.: 01-4109-023-0260 Lots 34, 35 and 36 Less the West 10 feet, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. Property Address: 995 S.W. 37th Avenue, Miami, Florida 33135 Folio No.: 01-4109-023-0270 Lot 37 Less the West 10 feet, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. Property Address::"985 S.W. 37th Avenue, Miami, Florida 33135 Folio No.: 01-4109-023-0280 Lot 38 Less the West 10 feet, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the. Public Records of Miami -Dade County, Florida. Property Address: 1040 S.W. 36th Court, Miami, Florida 33135 Folio No.: 01-4109-023-0150 Lot 21, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. Property Address: 1028 S.W. 36th Court, Miami, Florida 33135 Folio No.: 01-4109-023-0140 Lot 20, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. Exhibit `B" Gables 37, LLC is owned by: Jose Milton 25% Joseph Milton 25% Cecil Milton 25% Frank Milton 25% PLANNREING © PA R THEN 20120CT 10 API IQ: 08 MIA 182, 803, 521 v1 10-9-12 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: HOME ADDRESS: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME Gables 37, LLC BUSINESS ADDRESS: 3211 Ponce De Leon Blvd, suite 301 (Address Line 1) Coral Gables, Florida 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. Approval of modification to previously approved Declaration of Restrictive Covenants 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 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 period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: of Signature Print Name Sworn to and subscribed before me this _= day of © �o%['�) , 20,,a- . The foregoing instrument was acknowledged before me by `//, /,i ,4 )71/1/ , who has produced as identification and/o is personnlly Isnown to mend who did/did not take an oath. OF FLORIDA STATE CITY OF MIAMT O}pFlY BEATRIZ BAQUEDANO ��� ' .1�� :�( Y' * '-;= MY COMMISSION # EE 083194 MY COMMIS/ O / T` r e EXPIRES: June 17, 2015 •Notary EXPIRES: 6/7 //' j ` / o � q„v0 Bonded Thru Notary Public Underwriters / �L��%_�% (17� Print Name Enclosure(s) Doc. No.:86543 Page 2 Prepared by and return to: Inald Saizarbitoria Attorney at Law INAKI SAIZARBITORIA, ESQ., P.A. 21 SW 15th Road Suite 200 Miami, FL 33129 305-374-4106 File Number: IHREALESTATE-GA Will Ca11 No.: CFN 2O 12RO531657 OR"Bk 28206 Pas 3093 - 3094; (lass) RECORDED 07/27/2012 14/03/22 DEED DOC TAX 15,000.00 SURTAX 11,250.00 HARVEY RUVIH, CLERK OF COURT 1IAt1I-DADE COUHTYr FLORIDA [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 26th day of July, 2012 between I.H. Real Estate Investor Corp., a Florida corporation a/k/a I. H. Real Estate Investor Corporation, a Florida corporation, whose post office address is 420 SW 19 Road, Miami, FL 33129, grantor, and Gables 37, LLC, a Florida limited liability company whose post office address is 3211 Ponce de Leon Blvd., Suite 301, Coral Gables, FL 33134, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trust and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lots 34, 35, 36, 37 and 38 less the West 10 feet thereof, and Lots 20 and 21, ENGLEWOOD NORTH, according to the. Plat thereof as recorded in Plat Book 7, Page(s) 46, Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4109-023-0260, 0270, 0280; 01-4109-023-0140 & 0150 Subject to taxes for 2012 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is. lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of 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. DoubleTimea Book28206/Page3093 CFN#20120531657 Page 1 of 2 OR BK 28206 PG 3094 LAST PAGE Signed; sealed and delivered in our presence: Witness Name: /9/Gd'04 n - Witnes State of Florida County of Miami -Dade I.H. Real Estate Investor Corp., a Florida corporation a/k/a I. H. Real Estate Investor Corporation, a Florida corporation BY: ' /2 �7 2Gc�c-e UUi-- IgnaGio H'rera, Preside" (Corporate Seal) The foregoing instrument was acknowledged before me this 26th day of July, 2012 by Ignacio Herrera of I.H. Real Estate Investor Corp., a Florida corporation a/k/a I. H. Real Estate Investor Corporation, a Florida corporation, on behalf of the corporation. He [j is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: Warranty Deed - Page 2 DoubleTimeo Book28206/Page3094 CFN#20120531657 Page 2 of 2 0 S.W._9TH TERRACE 661. yl ................. .SANTILLAN AVENUE gala isa LOIN USN 11 II 3V IstE MEE TABUAMIN 17 in ram ps es IS Sa so larea Mean issas ale 027 0411 nas COI DIS est 110 as TT Naas aawe mode tode..Mbmm leanosswla wNeeMaIra cons 0 SW. Dnn AVENUE (R. 000GV3 ROAD) I=a a�ja a i3 e I" LOCATION MAP smear Im I LEGAL DESCRIPTION I Nepal, Paean Imisw.AMAvmm.Mb)L lfrtb311M fad Nos 01.4I07021260 caRolWtlx RBook Lai Pope/661110 PW90Am0H-0c6 o Ms sice Owed. m eCa.ly.1166. P iopmlyld*� 9P6tW.0)Ma Avae.Mb)E R.Mas0IS6 rant 0141M6600 Ia37t<.v.Wed101.e, ENaEWDDDNDRRI,aaadrgla.plal lMe6.m rewded In PM BOOS).a Pu66601I6PWBa NevJat 10meCenly.lbtln Napa./Mai a66sw.31111nvenx.Nhx Oaxas.Iss Pao Pico 0IdI09-0221460 to. la. Me West Iffiest.1.61.6 01.61.pap,arobmedalmre6.mrecoraa )).6 ^_ . ).a Pogebal6 16c Row. awxuo oCoLaty.mar P moeny#aa5 IBa0SW.xmcnw.Ml.n. P 953839Y5 Salo w: 01d10.05:1693 Sal s).ENGIEWo0010361.mwdngb IM plat N6 l,o MOS.. POI B061.01 Pape 660IM POEC NewSSMITSDatle Catly.lbbn PmpmlyAme.. I3O SWAMI Cord.MSd. Rcrx.13135 Rao Nos 01.4110)0M110 ban ENGIEN0ODNOpM.omrdry b IMa6Iherea.orxvbdEr MI Omr),a Pope.a Oro Pub. Records axbrl deCwlelbtla I SURVEYOR'S NOTES I) )M ohm maimed Poperlywa ewrodaddaarod Mal on Meoboe legal lbwbeaoamMMby0ad. a TN,Cer9Icalbn awbrthe lmmmd®bedeemp .m1L.,6.0a)ne.>otq. 6 menkoRaetlon9Dortbam AVM'S NO)IMWfO OlRam. uibDuNs MCmnly.0sIdllianal ort6.eAmnwcrOF MIE)i6Imo lryiNusenstIsa be moN%a petomwae,rooya0osTm. .S.. n Owners* saesro4fex16111. m TypeaSams: eDooarcsweEY. N Rewraxe etleh werenaade le Me 5Meaceadbmeald Medgnoand OR. Ix+fall 66 not attainrmpad0xy lamo 0hderrna od Rmnam Woo eoaNaowdndbl woad Ole comp.° UMry wrooae b valitaM I) The vMlea properly Is located wOlin nom foo)1601Amoos doladbytle retled Mw® Addddatb,.CmmwavPo sIN01A6m01P.96N 1' RwdLm•%'. Ilene Bohm WAM, Oaten 6eplmMer 11.20MtRevIsaa x 1MRAtrOFSUOSEY.hmtxmpeptrted iMerlde Lee dbeSM. nanadema.Te Cadecabdoe) e6odeoltoary arssaa)oab• N (1.066dosfie3BPaM. 16) Bead., ore relarMb0Talbrdoeab1061.bo6m.I06..SGV.0) i) B ncaluM E6 BM. w.cne BeaM.l6mhwl Locallacsw. AINAveoe and MAOrSM, la 0oao.opostreemaebm). OCeMa6Walsw.d)Ibwwonbadgem'mefW IS) :roe'Y°°. eaas'""edaarolAxCOROaadsa wo:n.,uo+1°r"ed'3BAeabacteebamaorad@ idan elm 10 Thee acted me 6l+sbM,m elodMdb+M ISMm leddmeadorh 16.1)m1160.6 Malasballasse.ais nYtlmmxlolbe 6616 acaom/Manpe dbo.myeeveya Iloal Mum lest .T.awnacy0adr.d by mammal admvoea)aarasedoe ett 6paailwoE; emiiadllirsMovol. FOR THE BENEFIT OF:1GABLES,37 LLC, a Florida Umiled Liability Company OW REPUBLIC NATIONAL TIRE COMPANY - REALN,TI LE SERVICES, INC. P e V 1 e I o x a ABBREVIATION. Plan of Survey amodnw Bwdenysmy • Monomer, lndad'°Exdpryely completed odamyrwaaxoaadFoaxBa.btM ) 6wamsanoSe and MPetadydroreebl.E.i ors 6.).lad1061NO MOadalmis..eaol �p :�Ra� Shah. and Nose. IRS B NOT A VAIN) CERmu)DNORIDTD6In.x16Rm MAWMG MOM ME SUIO/601I561,661.9 4MKAD IMEO EMBOSSED 4NRRI�d IIIIIIIIIIIIIIIIIIIIIII Ilk ! PRATS J. 8c ASSOCIATS, INC_ Da. p..armtm+ .u. a ea. w . r...r..... v i.. o...e.� 1100111 ..a--oras_: r..mviceal_ vr�.r.rrvarso NOseasNE: E NeTaa�re,�"g� "a'"'a Px°'�a,at�"CatfhaleaAaMraa6mx..10 - •'A CAD. �tsw»elr6a oa now JOB NUMBER 26649 etleM lIPffi Osda I�12 Pboos I s�_3e.mlI Cnedree M. so, 1 6 I SIM