HomeMy WebLinkAboutApplication & Supporting DocumentsBERCOW RADE LL & FER NAN D EZ
ZaNING, LANQ lJiSf` A, NI EN VI Ft CZ,NNIENTAL LAW
Direct 305-377-6235
E-Mali: BFernandez BRZoningLaw.com
VIA HAND DELIVERY
September 27, 2013
Mr. AneI Rodriguez
City of Miami Riverside Center
Department of Hearing Boards
444 SW 21G1 Avenue, 3rd Floor
Miami, FL 33130
Re: Ruben Matz, et. at. - 5445 Biscayne Boulevard.
The purpose of this letter is to submit the enclosed covenant, pursuant to City of
Miami Code Section 62-21, in relation to the referenced application for the Planning
Department's consideration. We are submitting this in response to the concerns expressed
by the Planning Department concerning potential uses on the property should the
rezoning be approved.
As described in the analysis submitted together with the application, the proposed
zoning change from T3-R to T4_0 is necessary in order to allow the property to be
developed in conjunction with the abutting property to the west in a manner that permits
shared parking.
The enclosed covenant provides that should the rezoning be approved, there shall
be no vehicular ingress or egress to the T3-R areas to the north and east of the Property.
We hereby request your favorable review of the Covenant. Thank you for your
attention to this matter.
Sii
Ben Fernandez
BF/bl
Enclosure
cc: Carmen Sanchez
Tony Perez
Sergio Garrido
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.5222 • WWW.BRZONINGLAW.COM
This instrument was prepared by:
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
rt. 4 ,y
13 ,CEP 27 cr. r
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day
of , 2013 , by Ruben Matz, Chocron, LLC, S & R Investments, LLC,
and Isaac Matz (hereinafter referred to as the "Owners"), is in favor of the CITY OF
MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to
as the "CITY').
WITNESSETH
WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance
No. , for the property located at and being legally described as:
(See attached exhibit "A").
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that the Property shall be developed in accordance with the provisions of the
Declaration herein.
NOW THEREFORE, the Owners voluntarily covenant and agree that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be a covenant running with the and and binding upon the Owner of the
Property, and its heirs, successors and assigns as follows:
Section 1. 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.
Section 2. The Owners hereby make the following voluntary declarations
running with the land concerning the use of the Property:
A. There shall be no vehicular ingress from or egress to the T-3R area
to the north and the east from the Property.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their successors and assigns. These restrictions shall
be a limitation upon all present and future Owners of the Property and shall be for the
public welfare.
Section 4. Applicable Law & Venue. Florida law will apply to interpretation of
this instrument. Venue in any civil actions arising under this instrument shall be in
Miami -Dade County, Florida.
Section 5. 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 then Owners of the fee -simple title to the land to be affected by such
modification, amendment or release, providing that same has been approved by the
City of Miami Zoning Board or City Commission after a public hearing which public
hearing shall be applied for at the expense of the Owner. Upon approval of such
modification amendment or release as specified herein, the Director of the City of
Miami's Planning Department or his successor shall execute a written instrument in
recordable form effectuating and acknowledging such modification. amendment or
release. Such instruments shall be in a form acceptable to the City Attorney.
Section 6. Inspection and Enforcement. An enforcement action may be
brought by the City by action in 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, The prevailing
party in the action or suit shall be entitled to recover costs and reasonable attorney's
fees. This enforcement provision shall be in addition to any other remedies available
under the law. The award of attorney's fees to a prevailing party shall not be used or
enforced against the City of Miami.
Section 7. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full effect.
Section 8. Recording. This Declaration shall be filed of record among the
Public Records of Miarni-Dade County, Horida. at the cost of the Owners. and the City
of Miami will be furnished a recorded copy by the Owners.
[Signature Pages to Follow]
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this day of
, 2013.
Witnesses:
Signature
Print Name
Signature
Print Name
Ruben Matz
Address.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by Ruben Matz. He is ❑
personally known to me or ❑ has produced _ , as identification.
Witness my signature and official seal this
County and State aforesaid.
day of 2013, in the
Notary Public State of
My Commission Expires: Print Name
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
, 2013.
Witnesses: Chocron, LLC
Signature
Print Name
Signature
Print Name
By:
Title:
Address:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
the of Chocron, LLC, on behalf of the corporation. He
is ❑ personally known to me or ❑ has produced , as
identification.
Witness my signature and official seal this day of 2013,
in the County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
ACKNOWLEDGMENT
CORPORATION
Signed. witnessed, executed and acknowledged on this day of
2013.
Witnesses: S & R Investments, LLC
Signature
Print Name
Signature
Print Name
STATE OF
COUNTY OF
By:
Title:
Address:
The foregoing instrument was acknowledged before me by
the of S & R Investments, LLC, on behalf of the
corporation, He is ❑ personally known to me or ❑ has produced
as identification.
Witness my signature and official seal this day of 2013,
in the County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this day of
2013.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF
COUNTY OF
Isaac Matz
Address:
The foregoing instrument was acknowledged before me by Isaac Matz. He is ❑
personally known to me or CI has produced , as identification.
Witness my signature and official seal this day of 2013, in the
County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
Exhibit A
Address: 5445 Biscayne Boulevard
Folio Number: 01-3128-028-0500
LEGAL DESCRIPTION:
TIFF WEST 40.00 FI= I- OP LOT 52 OF 3AY5hORE PLAZA, RECORDED IN
PLAT 1300K 39, AT PAGE 5 I , Off THE P[JDLIC Df" MIAMI-DADS COUNTY,
FLORIDA
BE'RCOW RADELL & FERNANDEZ
ZONING, LAN® USE ANID ENVIRONMENTAL LAW
VIA HAND DELIVERY
July,12, 2013
Mr, Anel Rodriguez
City of Miami Hearing Boards
444 SW 2nd Ave 3rd Floor
Miami, FL 33130
Re: 5445 Biscayne Blvd.
Dear Mr. Rodriguez:
This law firm represents Ruben Matz, Chocron, LLC, S & R Invest, LLC and Isaac
Matz the applicants in relation to the enclosed application for a rezoning and
comprehensive plan amendment. This letter shall serve as the applicant's letter of intent
in support of the enclosed applications.
Please contact me should you have any questions regarding this application.
Thank you for your attention to this matter.
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
REZONING APPLICATION
RECE1
PLANNING DEPAR TM
PLANNING AND ZONING DEPARTMENT, HEARING BOAR SECTION
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telepho 0 102 N Li` 35
www.miamigov.com/hearing boards
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
There is no deadline to submit this application as it is presented semi-annually to the Planning,
Zoning and Appeals Board and the City Commission. The application submittal date is the
date stamped by Hearing Boards' staff on this page. The responses to this application must
be typed and signed in black ink. All pertinent and accurate information/documentation; i.e.,
the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt.
The applicant is responsible for the accuracy of the information contained in the application and
all supporting materials. Should you wish, you could bring the materials to our office for review
prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (81/2x11") 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.
Rev. 07-2012 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 Ruben Matz, Chocron, LLC, S & R Investments, LLC,
and Isaac Matz
2. Subject property address(es) and folio number(s): 5445 Biscayne Boulevard (01-3218-028-0500)
3. Present zoning designation(s): T4-O and T3-R
4. Proposed zoning designation(s): T4-O (for the T3-R portion)
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) 11 x17" 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.
17. What is the acreage of the project/property site? ±0.16 acres
18. What is the purpose of this application/nature of proposed use? To allow parking
Rev. 07-2012 3
REZONING APPLICATION
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. ID Planning, Zoning and Appeals Board 20 minutes and/or 0 City Commission ').-L) What would be the anticipated duration of the presentation in front of the: _ .
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-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, 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 0, 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 ee per package
*Fees over $2 000 00, shall b
Signature
Name Ben Fernandez, Esq.
Telephone 305-377-6235
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
7 the form of a certified check, cashier's check, or money order.
Address 200 S. Biscayne Blvd., Suite 850
Miami, Florida 33131
E-mail BFernandez,BRZoningLaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1-1 day of July, 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 (did `not) take a, • -th.
(Stamp) Si
BETTY LLERENA
•7 ; MY COMMISSION k DD 060413
eXA: Mush 8, 2014
,t• , Hondod 7hru Notary Publlo Underwrltore
Rev. 07-2012 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.
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
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
App icant(s) Signature
rr
The foregoing was acknowledged before me this I day of July, 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 • no
(Stamp)
MY COMMISSION bg
20160413
hru Notary Public
Rev. 07-20"12
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) Ruben Matz, Chocron, LLC, S & R Investments LLC, and Isaac
Matz
Percentage of Ownership
Subject Property Address(es)
Ruben Matz (25%)
Chocron, LLC (25%) (Chimol Chocron 100%)
S & R Investments LLC (25%) (Ingrid Yuken 5%; Salomon
Yuken Trust 45%; Rosa Yuken Trust 45%; Jaime Yuken 5%)
Isaac Matz (25%)
5445 Biscayne Boulevard (01-3218-028-0500)
2. List all streetaddress(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):
N/A
Ben Fernandez
Owner(s) or Attorney Name
Legal Description(s):
N/A
Owner(s) or Attorne Sign ture
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1 day of July, 2013, by Ben Fernandez,
Esq. who is a(n) individual/partner/agent/corporat'on of Bercow Radell & Fernandez, P.A. a(n)
individual/partnership/corporation. He/She is personally known to rpe or who has produced
as identification and who did (did not) take an
(Stamp) Sig,iatu
i
, BETTY U FHENA
,,Y MY COMMISSION # OD 060413
EXPNIE9: Miweh S, 2014
Bonded Thru Notery Public Underwriters
Rev. 07-2012 6
Exhibit A
LEGAL DESCRIPTION:
THE WEST 40.00 FEET OF LOT 52 OF BAYShORE PLAZA, RECORDED IN
PLAT BOOK 39, AT PAGE 5 I , OF THE PUBLIC OF MIAMI-DADE COUNTY,
FLORIDA
Ruben Matz, Chocron, LLC, S & R Invest LLC, and Isaac Matz
5445 Biscayne Boulevard (01-3218-028-0500)
Analysis pursuant to article 7.1.2 Miami 21
The subject property is part of a larger commercial property designated for restricted
commercial use located on Biscayne Boulevard. The properties immediately to the north
south and west are similarly designated for restricted commercial use and properties to
the east are designated for single-family residential use. The proposed application would
allow the property to be utilized as a surface parking area for the abutting commercial
properties to the west. The property is located on the west side of the Morningside
perimeter wall and is therefore appropriate for commercial use. Enclosed our
photographs of properties within a 300 foot radius of the application site. The property
is not appropriate for single family residential use, given that it is part of a commercial
property.
Context Plan for 5445 Biscayne Boulevard
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:
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
EMAIL: BFernandez@BRZoningLaw. com
BUSSINE: SS or APPLICANT or ENTITY NAME
Ruben Matz, Chocron, LLC, S & R Invest LLC, and Isaac Matz
BUSINESS ADDRESS: 2742 Biscayne Boulevard
(Address Line 1)
Miami, FL 33137
(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 of the property located at 5445 Biscayne Boulevard, 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?
7 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
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance;
or civil penalties that may be imposed under the City Code, upon determination by the
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without
effect; and
2. no application from any persor or enty for the same iss a
considered by the applicable ard(s) u til expiration o p •io
nullification of the applicatio or order
PERSON SUI3M1TFIND DISCLOSURE:
the disclosure requirements of
and that in addition to the criminal
City Commission that the foregoing
further force or
hall be reviewed or
of one year after the
Signature
Ben Ferna ez
_
Print Name
" . _ _
knolvn to me
`r'1mot to am/ ,sulso ibed Wore me this i (Icy, of
inururnent 1/ US ocknowledged before me by
as identification and or is personally
STATE OF FLORIDA
CITY OF MIAMI
1 /he to,c 4;f)lrrsr
G4 _ ._, who has produced
and utho did did not take all Oath,
f
•
NIY COMMISSION
EXPIRES: �' 'Pt Lt
oiNotary
� 0rint Name
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Doc. No.:86543 (aY CG2MNt1 Page 2
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
first ab
CF14 20 0 R0. 9984114
OR O,k 21664 Po 05591 (11,9)
RECORDED 09/19/2003 13:52:10
DEED DOC TAX 8,212,80
SURTAX 6r159.60
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTYr FLORIDA
LAST PAGE
Ttie Instrument Prepared Sy:
GASTON R. ALVAREZ, P.A.
Attorney at Lae`
City National Rank building
2701 Ls Jeune Rdad, spits 407
Coral Gables, Ylorida 33134
Property Appraisers parcel Y.D. No.: 01-3218-028-0010 6 01-3218-028-0500
Grant,so(e) 0.13, 4(/);. Qua
THIS WARRANTY DEED Made the I-h day A.D. 2003 by CHOCRON, LLC, a Florida
Limited Liability Company, hereinafter called the Grantor, to RUBEN MATZ, ISAAC MATZ AND S 0 R
INVESTMENTS, L.LC, a Florida Limited Liability Company, EACH AS TO A 254 INTEREST, whose post office
address is: , hereinafter called the Grantees:
WITNasesTH, That the Grantor, for and in consideration of the cum of $10,00 and other good
valuable Consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, Belle,
aliens, remises, releases, conveys and confirms unto the grantees, all that certain land situated
in MIAM L DADE County, Florida, to -wit:
PARCEL I
LOTS 1 AND 2, OF EAY9HORE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39,
AT PAGE 51, OF THE PUBLIC RECORDS OF 14IAMI-bADE COUNTY, FLORIDA,
PARCEL II
LOT 53 AND WEST 40 FEET OF LOT 52, OF BAYSHORE PLAZA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT HOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
GRANTOR IS CONVEYING A 75% INTEREST IN THE PROPERTY AND RETAINING A 250 INTEREST,
Subject to: Conditions, restrictions, limitations and easements of records, if any, applicable
zoning regulations, as they may not be reimposed, Declaration of Condominium as Amended, and taxes
for the year 2003 and subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining,
TO RAVE 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, 2002.
2REOF, the said Grantor has signed and sealed these presents the day and year
IN WITNE59
. wri Lei
e
5 i..-. -. 0 and delivered in CHOCRON, �,, / ability
ese • e o /�_„�..--'L�-----^T company
GI \ By; �/l
1 s . i n. / �` �!116i}. _�•,' . :.....:: er
d4G ✓1 / ( , Xv''`/^ Add -- .660 Collis Ave., 1104
Sunny Isles.@each, FL 33160
p
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L,S.
I HEREBY CERTIFY that on this day, an officer duly authorized in the State and County
aforesaid to .take acknowledgments, personally appeared Chimal Chocron, am Manager of CHOCRON, I.LC,
a Florida limited liability company, who produced 1N-01Jo S 2.14:0j—t - as identification and
who did not take an oath.
cam- I W7ZTNE59 my hand and official seal in the County and State last aforesaid this /(9 day of
, 2003,
My Commission Expires:
C:\Data\ReelEstate\CHOCRONWarrntyneed.wpd
NO
FLORIDA
Print +taty Signature
BARBARA PIOCIONE
P• ;IYCOMMIsSIoNILC0953513
▪ EXPIRES JNy 9, 2004
'1,00,d ;';,,,i,:0•i,p Frlq,; nud.mrurr%
Book21664/Page559
Page 1 of 1
fr
Ap
ING REFERRAL
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Applicant Email Address
LI Lt, atc41. 131 Project Street Address
Pre -Application Meeting
Assisted Living Facility
Principal Frontage
Other:
Date
01-1)-127o).S os00
Folio Number
'311
Applicant Phone Number
TO BE COMPLETED BY THE OFFICE OF ZONING
g 73-le
Transect Zone
/7
4
see/;zie%, (e)
Type of P it Requested — ode Section
4)
Summary of Request
RefrraE is ed by:
CITY OF MIAMI
OFFICE OF ZONING
Ph: 305-416-1499
,144 SW .2nd Ave 4th Floor Miami, FL 33130
www.miamigov.com/zodmg
figir)P.11
PLANNING AND ZONING DEPARTMENT
PROJECTS REVIEW MEETING
RE -ZONING
Morningside Center
5445 BISCAYNE BOULEVARD
PR-13-083
ZONING DESIGNATION:T4-O & T3-R
NET DISTRICT: UPPER EASTSIDE
7.18.13
The project is subject to review and compliance with the requirements of all City departments,
as applicable. The following comments were generated based the Pre -application meeting of
July 17, 2013 and are intended to assist and expedite permit applications based on the
applicant's voluntary modifications of the project / plans suggested herein.
This application has been reviewed for the following permit:
o Re -zoning, pursuant to Article 7, Section 7.1.2.8 (a) (3) and (c) (1) allows the request of
a zoning change from T3-R to T4-O.
The following comments should be addressed:
1. The applicant may need to provide School Concurrency. You may contact Harold Ruck
at 305.416.1424 to confirm if School Concurrency is required. If so, the applicant may
contact Gary Gay at 305.416.1416 within the Planning and Zoning Department
concerning the reservation of School Concurrency.
Additional comments will be provided upon review of a more detailed submittal. Consequently,
the City of Miami reserves the right to comment further on the project as details and/or
explanations are provided and may revise previous comments based on this additional
information.
*** Please note that the Planning and Zoning Department reviews Permit proposals based on
Miami 21 and City Code.
SCALE: 1"=20•
OSCAYNE DLVD (US-9)
F
I\
I \
— foram)
end STREET
215Y.9EA�NV30nvaer -...
1/
LOT 53
IF OF
\ T%E574U.8'.OF HOT
GPM
SOPRDfi'A _
v-
V.TFKEENALOR.
UEFARIT03
Mt
4
BRASS
— APART)
MAI/SHONEs PLAZA
(P.D. ZS, Pe. 59
!LOT 52
FACE
.0➢TN6T
4500
RT Na0
LEGAL DESCRIPTION:
THE WEST 40.00 Ftt I OF LOT 52 OF SAYSHORE PLAZA, RECORDED IN
FLAT BOOK 39, AT PAGE 51, OF THE PUBLIC OF MIAMI-DADE COUNTY,
FLORIDA
96 DTP.
➢t650001
INSEAM'
S 5416TI 60.0r —y
EGEND"
E 55th Terrace
ADDRESS; VACANT LOT,
5
LOCATION MAP
SCALE= NOT/SC
SURVEYORS NOTES:
1.) EXAMINATION OFABSTRACTOFTITLE WIU. HAVETO REMADE TO DETERMINE RECORDED INSTRUMENTS,
IF ANY. AFFECTING THIS PROPERTY.
2) LOCATION AND IDENTIFICATION OF UTILf0ES IFFANY ARE SHOWN IN ACCORDANCE WITH RECORDED RAT.
34 OWNERSHIP IS SUJECTTO DP1NMON OFT1TLE
4.) TYPE OFSURVEY. -SPECIF1G PURPOSE SURVEY' ( NOT BOUNDARY SURVEY)
5.) TrIIS SURVEY ISNOTVALD UNLESS SIGNED ANDSEALED BY THE SURVEYOR OF RECORD.
6.) ALL RIGHT OF WAYS SHOWN ARE PUBUC UNLESS OTHERWAISE NOTED.
7.) LANDS SURVEYED AS DESCRIBED.
F) NO UNDERGROUND INSTALLATIONS ON IMPROVEMENTS HAVE SEENLOCATEO, EXCEPT AS NOTED.
NOTE: THIS SURVEY HAS BEEN PREPARED FOR. EXCLUSIVE USE OF THE ENTITIES NAMED
HEREON. THE CERTIFICATE DOES NOT EXTEND TO ANY UNNAMED PARTY.
FLOOD ZONE INFORMATION
Community Number
Panel Number
SORB
D9[eaF Firmlode,
Font Zone -
Base Rood Elw.
120650
0306
09-11=L009
X
NONE
SOURCE ELE1rATION PROVIDED BY DADS COUNTY SURVEY DFPARMENT
RELARVETO MEAN SEA LEVEL NATIONAL: GEODETIC VERTICAL DATUM -OF1929
LOCATORINDEX BENCHMARK NO. ELEVATION
NOSGTf0S 3IESSRE 39IT9500EOFORMORTGAGE OR REFINANCE PURPOSE ONES. ESROSNELYFORTIES0EE 9T,nw5TOWN@tRISCEREIFE➢.
THIS SURVEY IS NOT TO REUSED FOR C:ONSTROCNON. PEREOOIIG.LEEIGNORANYOTNERBBEVSTNUVTWRBTENCCN2NTOFR0E.40TOERREE A
PRH. PERRARONF PEEREME ISSN W Evr
P.CS, PERWEESISCONTROsPOOR
EAR- FOE. SKROREE
SIP. SETRNOR0L110 STAMPED
f�II, MEMDFOLGRE E
SERE
CA .-CEMIERONE
tSE-LOEESEFLORR EVA11I
ME MS. FLOOREIEVATI00ON
wCREm'ERseRE E
1 PENCE
SN.M. VAS. EDLSC STMIPERPER
RECRESEESCOC ENC.DnWlCiluEM STRUCTURE
M.V. RGNTOFWAY
CL-CLESR
ROBERTO R. BR1ZUELA & ASSOCIATES
Land Surveyors
OFFICE
7319 WEST F LGLER STREET
MIAMI. FLORIDA 33144
PHONE (305)531-4393
FAX (305)266.6112
wary
IRE9E9YtcntRn.THRTTHEATbtll0 EECTOIOFA6TI'ErOFINE
AROSE DESCRIBED PROPERFYIS CORRECT:-- MEREST.OFYYEISE IEOG£.
ARO.OELIEF SRECENTAYSOT 969690^WFR9YORECAON. 410110TTNE E
ARE N91NCR6 CHISER600TNERTN*NTRGS55 SNVM{ANOMFETSEEAR0R
OFTNE NIMMO,16090GtSTEREIR9SSE500619LYT.EFCONOROOMO
O F t TSL6YEsORS WOMPiER LIVTTa'FLOTMRIESSESIRETNE CORE,
W ,E.TRRERPSIFLEASSRFL161Es
JOB NUMBER. 13-06.122
F1ELDBOOIC--
RIELDWORK DATE UGi126$Ui3
REVISIONS 1.
IxEWsaNsr
REVISIONS 3-
ROBERTO.R; BRIZUELA
PROFESS1010L1ANS SURVEYOR
No.3954
STATE CF7-LORIM