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HomeMy WebLinkAboutPZAB 4-3-13 Supporting DocsPZAB.8 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-00080zc Quasi -Judicial Title: 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 THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER ZONE TO "T6-8-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 4021and 4033 NW 11th Street [Commissioner Wifredo (Willy) Gort - District 1] Applicant(s): Zoning: Purpose: Ben Fernandez, Esquire, on behalf of Sunny 42, LLC Wachovia Financial Center 200 South Biscayne Blvd., Ste 850 Miami, FL 33131 (305) 377-6235 T5-L Urban Center Zone This will change the existing zoning classification for the above properties from "T5-L" to "T6-8-O". Planning and Zoning Department Recommendation: Denial. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: April 3, 2013 ANALYSIS FOR ZONING CHANGE Approximately 4021 and 4033 NW 11th Street FILE NO 13-00080zc Pursuant to Article 5 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows; Application requests: A change to the existing zoning classifications of the acreage described herein of selected real properties located approximately 4021 and 4033 NW 11 Street Miami, Florida from "T5-L" Urban Center — Limited Transect Zone to T6-8-0 Urban Core — Open Transect Zone, The subject properties are located within the Flagami NET area and consist of Lots 8 and 9 of Subdivision Ligua encompassing approximately 0.987 acres as described in Exhibit "A" (Complete legal description is on file with the Hearing Boards Section), Review and analysis of the proposed application finds that: • The subject parcels are zoned "T5-L" and the request for rezoning is to 76-8-0". • The subject parcels abuts T6-8-0 to the west and north, and T3-0 to the south and T5-L to the east, • The proposed rezoning meets the .minimum requirements for a change in zoning pursuant to Article 7, Section 7.1.2,8 (a) (3) of the Miami 21 Code from T5-L to T6-8-0. However, the rezoning constitutes a clear Intrusion of T6-8-0 to the established T5-L corridor to the east; as well as, the established T3-0 to the south and T5-L to the east consisting of single-family, duplexes, and low and midsize multi -family residences. • The T6-8.0 allows intensified commercial uses that are incompatible within an established neighbor area and eliminates the established T5-L buffer between the T3-0 to the south and the rezoning also presents the potential of a domino effect into the established T5-L corridor to the east. • The requested zoning designation of T6-8-0 is inconsistent with the current Comprehensive Neighborhood Plan (MCNP). designation of "Medium Density Restrictive Commercial" and would require a Future Land Use Map (FLUM) amendment to "General Commercial". Based on the aforementioned findings, the Planning and. Zoning Department recommends denial of the proposed rezoning as presented. Analysis for ZONING CHANGE File ID: 13-00080zc Yes No N/A.. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ❑ b) The proposed change is in harmony with the established land use pattern. Z ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ►1 ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ • ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. E El E g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ❑ h) The proposed change positively influences living conditions in the neighborhood. E ® ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ • ❑ j). The proposed change has the same or similar impact on drainage as the existing classification. ❑ ® ❑ k) The proposed change has the same or similar impact on Tight and air to adjacent areas as the existing classification. E LJ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ® ❑ ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. El n ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use, MIAMI 21 MAP (EXISTING) ri 0 150 300 I i I 600 Feet 1 ADDRESS:4021 & 4033 NW 11 ST 0 150 300 MIAMI 21 MAP (PROPOSED) 600 Feet ADDRESS:4021 & 4033 NW 11 ST 0 150 300 600 Feet I i I ADDRESS:4021 & 4033 NW 11 ST BERCOW RADELL & FERNAN DEZ ZONING, LAND USE ANC ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mait: BFernandezaBRZoningLaw.com VIA HAND DELIVERY January 14, 2013 Mr. Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Sunny 42, LLC - 4021 and 4033 NW 11 Street, Miami, Florida Dear Mr. Rodriguez: We represent the property owner in relation to referenced applications for a comprehensive plan amendment and zoning change for the property. The property is presently designated Medium Density Residential and zoned T5- L. We are requesting that the property be designated Restricted Commercial and zoned T6-8. The applications are supported by the fact that the vast majority of the block is presently zoned T6-8. The applicant intends to redevelop the property with a multifamily building that will be consistent with the scale of development within the block. For all of the foregoing reasons, we request your favorable review and recommendation. Sin Ben Fernandez BF/bl Enclosures WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM r r ;, City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * Sunny 42, LLC Application Phone * Antonio P. Pardo Application Email * tpardo@avenue04.com Application Address * 4021 and 4033 NW 11 Street Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGavnci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3132-018-0080 and 01-3132-018-0090 Additional Folio Number Total Acreage * 0.987 Proposed Land Use/Zoning * General Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 0 Total # of Units * 0 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 * wner(s)/Attorney/Applicant Name 0 er(s)/Attorney/Applic.nt Signa e STATE OF FLORIDA COUNTY OF MIAMI-DADE 20 ;�„foregobiyg�yas acknowledgeAdnbevfore -mhis day o tt who is a(n) individual/partner/agent/corporation of g tI t 1daij individual/partnership/corporation. He/She is persona I know to me or whs . s produced " rK j . as identification and who did (did not) take an oat l (Stamp) Sunny 42, LLC Analysis pursuant to Miami 21 Article 7.1.2.8 (c) (2)(g): Attached are photographs of the building facades within a 300 foot radius of the property as well as an aerial photograph. The land use designation is primarily Restricted Commercial. The requested rezoning is justified based on the fact that there are commercial properties and higher density hotels within the block. In particular the property is ideally suited to provide a transition area between the commercial use and the nearest residential property along NW 11 Street to the South. For these reasons, the rezoning would help to address this need. Sunny 42, LLC tier' " w +r 2,.,, .m NV11�1.2�1TlISht�,' NW.1.'tt S1" +Eir.+.j5'5hAT, .►+ 5n llb REZONING APPLICATION pi ,E PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SEJT p� �f , 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-41 - b 0l 8 PM 12, 42 www.miamigov.com/hearinq 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'/2x11") 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. Ruv. 07-20 12 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of Sunny 42, LLC 2. Subject property address(es) and folio number(s): 4021 NW 11th Street (01-3132-018-0080) and 4033 NW 11 th Street (01-3132-018-0090). 3. Present zoning designation(s): T5-L 4. Proposed zoning designation(s): T6-80 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) 8%x11 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, 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. Rev. 07-2012 3 REZONING APPLICATION 17. What is the acreage of the project/property site? 0.987 acres 18. What is the purpose of this application/nature of proposed use? Multifamily Development 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 0.5 hours and/or ❑ City Commission 0.5 hours 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-0, T4-R, T4-L, T4-0, T5-R, T5-L, T5-0, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 O, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 00 , shall be ,4/aid (4r1 the form of a certified check, cashier's check, or money order. Signature — "1 A Address 200 S. Biscayne Blvd. # 850 Name 1-f-e160.1Aaftec Miami, FL 33131 Telephone 305-377-6235 E-mail BFernandez(BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 11\ The foregoing was acknowledged before me this day of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is person nown to me 9r who has produced as identification and who did (di • n. tr;;; an 'ath. (Stam Rcv. 07-2012 01'!1'N L4ERENA Mr COMAWN # lib 880413 i $ 2014 n::.r11Ety PUOI!C t111dKW1itors ignature 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., 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, 0 including or ❑ 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. Ben Fernandez, Esq. Applicant(s) Name Applicant(s) Signa ure STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I t_f The foregoing was acknowledged before me this day of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is pers• sally known to me or who has produced as identification and who di•j • : not , ak= an oath. (Stamp) Signature Rcv. 07-2012 5 REZONING 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 Name(es) Sunny 42, LLC Percentage of Ownership managed by Sunny 42 Holdings, LLC (Antonio Pardo 25%, Anibal J. Duarte-Viera 25%, Rafael A. Diaz 25%, Fausto E. Callava 25%) Subject Property Address(es) 4021 NW 11th Street (01-3132-018-0080) and 4033 NW 11th Street (01-3132-018-0090) 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): Ben Fernandez, Esq. Owner(s) or Attorney Name Legal Description(s): Nia Ow er(s) or Attorney Signat re STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this iqday of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (di ij + . -th.11 /11 Pi / (Stamp) BETTY LLERENA MY COMMISSION # DO 060413 EXPIRES: Mush 5,1014 of Bonded Thru Notary Public Underwriters Rev. 07-2012 6 Sunny 42, LLC Exhibit A Legal Description Lots 8 & 9 of subdivision LIGUA SUBDIVISION, according to the plat thereof as recorded in Plat Book 66, Page 12, of the Public Records of Miami -Dade County. 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 Seca 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: Ben Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EiMAIL:. BFernandez@BRZoningLaw. com BUSSINESS or APPLICANT or ENTITY NAME Sunny 42, LLC BUSINESS ADDRESS: 370 Miracle Mile (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 and Comprehensive Plan Amendment. 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. N/A c. N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A 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 perso tity for the sam ssue shall be reviewed or considered by the applicable ard(s) ntil expiration o a riod of one year after the nullification of the applicatio or ord r. PERSON SUBMITTING DISCLOSURE: ignature Ben Fernan ez Print Name .Shorn to and subscribed before me this clay of , MO . The foregoing instrument 1ras acknowledged before me by , who has prochrced _ as identification and or is personally known to me and irho did -did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION Notary EXPIRES: Print Name Enelosurelsl Doc. No.:86543 Page 2 III 1111 1111111111 1111111111111111111111111111 THIS INSTRUMENT PREPARED BY AND RETURN TO: ANIBAL J. DUARTE-VIERA, ESQ. TITLE COMPANY OF AMERICA, INC. 3470 N.W. 82ND AVENUE # 988 DORAL, FLORIDA 33122 CFN 2012R0810177 OR Bk 28352 Ps 4306E Oils) RECORDED 11/09/2012 14:24:11 DEED DOC TAX 15r840.00 SURTAX 11r880.00 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE Property Appraisers Parcel Identification (Folio) Numbers: 01-3132-018-0080/0090 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the 2nd day of November, 2012 by SUNNY TITLE SERVICES, INC., A FLORIDA CORPORATION, herein called the grantor, having its principal place of business at 1426 MERCADO AVENUE, CORAL GABLES, FL 33146 to SUNNY 42, LLC, a Florida limited liability company whose post office address is 370 MIRACLE MILE, CORAL GABLES, FL 33134, hereinafter called the Grantee: (Wherever 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) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MIAMI-DADE County, State of Florida, viz.: Lots 8 and 9, LIGUA SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 66, Page 12, Public Records of Miami -Dade County, Florida Subject to easements, restrictions and reservations of record and taxes for the year 2013 and thereafter. 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, and hereby 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, 2012. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #2 Printed Nam STATE OF FLORIDA COUNTY OF MIAMI-DADE SUNNY TITLE SERVICES, INC., A FLORIDA CORPORATION By: BEATRIZ JIMENEZ, President 1426 MERCADO AVENUE, CORAL GABLES, FL 33146 The foregoing instrument was acknowledged before me this 2nd day of November, 2012 by BEATRIZ JIMENEZ, President of SUNNY TITLE SERVICES C., A FLORJDA CORPORATION . r behalf of the corporation. She is personally known to me or has produced ) �,',v e t, L. LCv 1,o as • enti cation. SEAL My Commission Expires:lJ`I 30 13 6. Notary Public State of Florida 1 Martha Sofia Sustillos My Commission D0029690 _t Expires 09/30/2013 ed No .ry ignature u '3 File No.: A1217984 Book28352/Page4306 CFN#20120810177 Page 1 of 1 City of Miami Hearing Boards Division 7th Floor REF: 720/ 11 ZONING REFERRAL .444 Southwest 2nd Avenue, 4th Floor Miami, Florida 33130 °/033 NV //' S Please provide the .following application: M_U_S.P. II Variance it APPEAL OF CLASS I /CLASS II SP.PMT Special Exception • Provide Resolution# For the, property .J . (Commission approval required PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED Planning Department 3rd Floor MUSE INFO oning Change lI Other Amendment to Atlas COMMENTS: • THE OFFICE OF HEARING BOARD IS OPE .TO THE PUBLIC FROM 8:00 AM TO 3:OOPM. ZONING'tANS R > !EWER FOR ZOING CHANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. Pubfic earing Plans must be submitted to the. Hearing Boards Division no later than the first day of the fast week of the month to be stamped: and;submitted.for reviewd by staff. MAM.R5 LOVMERDAL DENIER 172.00° (R&M) N 0 LOT 7 (Mb(.0)mAC AG F.LP. I/7 (MI La) Notes: ASPHALT PARKING ALONG REAR LOT LINE IS OVER 20' U.E. MAP OF BOUNDARY SURVEY Property Address: 4021 & 4033 NW 11 STREET MIAMI, FL 33126 nlineLand SURVEYORS, INC. 7925 Coral Way Miami, FL 33155-6524 www.O nl i n e La n d S u rveyo rs. C om SURVEYOR'S CFRTWCAB ay I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY IS A TRUE AND CORRECT REPRESENTATION OR A jyRVEV PREPARED UNDER MY DIRECTION. THIS COMPLIES W)TH THE MII($MUM LJi NDARDS, AS SET FORTH BY THE STATE OF FLORIDA BOARD OF P(IOF7$�T�� YORS IN CHAPTER 69517-e. FLORIDA ADMINISTRATIVE CQ EI SU 47. ? RIDA STATUES. - 'A'. 52F STATE OF " FLORIDA e.t .`^ SIGNED t o1:u- ....... ••'' g j FOR THE FIRM FERNANDO V. oOj I I I R��' , , °"s p,S.M. No. 5259 STATE OF FLORID NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL, AND/OR THE SIGNATURE AND/OR THE ORIGINAL RAISED SEAL OF A LICENSED SURVEYOR AND MAPPER. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY FERNANDO V. GOMEZ P.S.M. NO. 5259 ON THE SURVEY DATE NOTED HEREON Survey Date: 10/25/2012 Survey Code: 0-7536 Page 1 of 2 Not valid without all pages. , �. I If [ _ I r-. _ g .. J i--It= LOCATION MAP N.T.S. PROPERTY FRONT VIEW CERTIFIED TO; FLOOD INFORMATION; Community Number: CITY OF MIAMI 120850 Panel Number: 12086CO292 Suffix: L Date of Firm Index: 9/11/2009 Flood Zone: AE Base Flood Elevation: 8.0 Date of Survey: 10/25/2012 SUNNY 42 LLC TITLE COMPANY OF AMERICA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY BISCAYNE BANK ITS'SUCCESSORS AND/OR ASSIGNS AS THEIR INTEREST MAY APPEAR. LEGAL DESCRIPTION: LOTS 8 & 9, OF SUBDIVISION LIGUA SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 66, PAGE 12, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA — PROPERTY UNE Surveyor's Legend STRUCTURE ® CONC. BLOCK WALL 0 TREE LICE LAKE or LANDSCAPE LIANI.. EW.IT. MIT. EASEMENT Dx P.P. TRIER POLE R.O.E. ROOF OVERHANG EASEMENT D.E. DRAINAGE EASEMENT I— CHAIN -LINK a MIRE FENCE IIIOIC.B. CATCH BASIN P.P. POLO. PUMP L.B.E.IANDSCAPE BUFFER EMIT' • W000 FENS PL PLANTER CR PROPERTY LINEI.A.E. UNITED Access EASEMENT r C.U.C. UTILITY ESMT. IOENTIFICATOI TEL. TELEPHONE FAOU7E3 - IRON FENCE I.E/E.E. COUNTYINGRESS/ EGRESS MAT.I.D. U.E UTILITY EASEMENT B.C. BLOCK CORNER U.P. UTILITY POLE --..—. — — EASEMENT B.R. BEARING REFERENCE E.U.B. ELECTRIC UTILITY BON END. OR F FOUND IRO! PPE/ A CENTRAL ADELTA SEP. SEPTIC TAM(— — ENTER UNE PIN AS NOTED ON PLAT AMU or D.E. DRAIN FIELD L3E LICENSE 9 - BUSINESS R RECORD OR RADIUS RADIAL AC AR036 COMMONER LSE LICENSE / - SURVEYORCALCULATEDRAO. Vj/`/- ROOD DECK CALC CALCULATED FONT N.R. NON RADIAL CSW CONcSIDEWALK TYP. TYPICAL DWY DRIVEWAY SET SET MONUMENT CONCRETE ♦ CONTROL PORT I.I.R. ROD ROD SCR. SCREEN .1I.P. IRON PPE OAR °MACE ■ CONCRETE MONUMENT ASPHALT ELF/ ELEVATION N9D NAIL 9 DISK ENO, ENCLOSURE ..PK NM. PARKER-KALON NAIL N.T.S. NO7 TO SINE .............. ............. .. P.T. PONT OF TARONCY P.C. PONT OF CURVATURE O.N. GIRL HOLE if. FIMSEB FLOOR BRICK/TILE P.R.M. PERMANENT REFERENCE MONUMENT a Wc9L T.O.B. TOP DO BANK FIRE HYDRANT EO.W. EDGE OF WATER P.C.C. POINT OF COMPOUND CURVATURE r.///// { /i � P.R.C. PONT OF REVERSE CURVATURE 0M.N. MAN HOLE E/P OR E.O.P. EDGE OF PAVEMENT V P.O.B. POINT OF BEGINNING OVERHEAD UNEs C.V.O. CONCRETE VALLEY CUTTER P.O.C. FONT OF COIMCNCEMENT TX TRANSFORMER B.S.L. BUILDING SETBACK LINE APPROXIMATE mtiE OF WATER P.CP. PERMANENT CONTROL PONT CATV CABLE 7V. RISER SLL SURVEY TIE UNE M FIELD MEASUREDW.M. WATER METER t. CENTER UNE PJE POOL EQUIPMENT P PLATTED MEASIRMENT R RIGHT OF WAY R.O.E. Pueuc UTILITY 0 tANCRETE SLAB EASEMENT � C.M.E CANAL MAINTENANCE EASEMENT I�+� 'V �� COW9ILD AREA C CALCULATED A.E ANCHOR EASEMENT GENERAL NOTES: 1) LEGAL DESCRIPTION PROVIDED BY OTHERS. 2) EXAMINATION OF7HEABSTRACT OFTITLE WILL HAVE TOBEMADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING PROPERTY. THELANDS SHOWN HEREON WERE NOTABSTRACTED FOR EASEMENT OR OTHER RECORDED ENCUMBERANCES NOT SHOWN ON THE PLAT. 4) THE PURPOSE OF THIS SURVEY IS FOR USE IN OBTAIVING TITLE INSURANCE AND FINANCING AND SHOULD NOT BE USED FOR CONSTRUC770N, PERMITTING DESIGN, OR ANY OTHER PURPOSE WITHOUT THE WRITTEN CONSENT OFONLINE LAND SURVEYORS INC. 5) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. 6) ONLY VISIBLE AND ABOVE GROUND ENCROACHMENTS LOCATED. 7) FENCE OWNERSHIP NOT DETERMINED.0,ra,oaewor 6) WALL TIES ARE TO THE FACE OF THE WALL. 9) BEARINGS REFERENCED TO LINE NOTED AS &R. 10) BOUNDARY SURVEY MEANS A DRAWING AND/OR GRAPHIC REPRESENTATION OF THE SURVEYWORK PERFORMED IN THE FIELD, COULD BE DRAWN AT 11) NO IDENTIFICATIOSHOWN SCALE NR NOT TO SCALE. FOUND ON PROPERTY CORNERS UNLESS NOTED. 12) NOT VALID UNLESS SEALED WITH THE SIGNING SURVEYORS EMBOSSED OR ELECTONIC SEAL. 13) DIMENSIONS SHOWN ARE PLAT AND MEASURED UNLESS OTHERWISE SHOWN. 14) ELEVATIONS IF SHOWN ARE BASED UPON N.G. VD. 1929 UNLESS OTHERWISE NOTED. 16) THIS IS A BOUNDARY SURVEY UNLESS OTHERWISE NOTED. 16) THIS BOUNDARY SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON, THE CERTIFICATIONS DO NOT EXTEND TO ANY UNNAMED PARTIES. ' Florida Land a /s " Title Association F LTA ,' P Affiliate Member Member Printing to Scale: P,Pr N,n=A,.3 cal 1 : - 1. Select 'None' from Page Scaling 2. DeselectAuto-Rotate and Center' 3.Select 'Choose paper source by PDF page size" __ -. F°°` P`eN"----------- (t[ r,mgoNM .d C.N. sxR:M.,,, r;e FIELD WORK: 10/23/2012 V,, T T I I 1 r 1 D DRAWN BY: C.S. �`C�P�oo• v' GO'''� Nu -., �- CHECKED BY: F.V.G.'A'." (0 `+�(@-.V.�SE - - FINAL REVISION: 10/24/2012 - = 7 D 52k9 `;,2.. a' _ COMPLETED: 10/25/2012 F '.• STATE OF I Q : FLORIDA .' SCALE: 1"■10' ' O '• •,... �'�, SURVEY CODE: 0-7536 ��q-suRVE�°�11 ' Leo noel , 7925 Coral Way nlineLand M:FL33155-6524 Phone:(II) (30.0123 SURVEYORS,INC, Fax: (305) 675-0999 www.OnlineLandSurveyols.Com Survey Date: 10/25/2012 Survey Code: 0-7536 Page 2 of 2 Not valid without all pages.