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HomeMy WebLinkAboutSubmittal-Paul Savage-Supporting Documents for AppealSubmitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk CITY OF MIAMI CITY COMMISSION MEETING JULY 9, 2015 AGENDA ITEM PZ.4 (Materials Submitted by Paul C. Savage, Esq. in Support of the Appeal) Item: Resolution Affirming or Reversing the Miami Historic Preservation and Environmental Preservation Board's Approval of the Removal of the Parcel Located at 109 SW South River Drive. Tab No. Date Document 1 1/22/1987 City of Miami Ordinance No. 10213 Imposing South River Drive Historic District 2 3/30/1997 National Register of Historic Places Nomination Form 3 3/30/1997 National Register of Historic Places Nomination Photographs 4 12/28/2001 Recorded Preservation and Conservation Easement 5 2/18/2015 Hearing Board Notice Package for HEPB Board Hearing of March 3, 2015 6 3/3/2015 Applicant Email with Staff on Request for Continuance 7 3/25/2015 Applicant Email with Staff on Existence of Preservation Easement 8 4/2/2015 Staff Emails with Applicant on Placing Item on May 5, 2015 HEPB Board Agenda 9 5/20/2003 Staff Report to HEPB Board on 109 SW S. River Drive 10 5/20/2003 Resolution of HEPB Board HEPB-2003-31 11 1/9/2015 Application for Removal of 109 SW South River Drive From District 12 4/13/2015 Property Appraiser Pages on Miami River Inn Property and Sale Date 13 5/5/2015 Staff Report on Item No. 3 Before HEPB Board Application 14 5/5/2015 Transcript of HEPB Board Hearing Proceedings 15 5/11/2015 HEPB Board Resolution 16 5/27/2015 FDOT SW 1st Street Bridge Replacement Power Point 17 5/29/2015 Circuit Court Complaint (Re: Preservation and Conservation Easement) 0 On I h a- fu 17111 tad- Paol so'vUS-- s\)09 y+ V C -S toy POLea Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1 J-66-911 ..11/1.0/116 .. O.RhiNANCE Nn. ;�, ;Q2 l,s Submitted into the public Record for item(s) PZ. 4 on 07 09 2015 City Clerk AN ORDINANCE AMENDING THE $ONtNG ATLAS OP. ORDINANCE NO. 95b0, THE ZONING ORDINANCE OF;." THE CITY.O0 MIAMI► FLORIDA, BY APPLYING THE HC-St COMMERCIAL -RESIDENTIAL • HERITAGE CONSERVATION OVERLAY DISTRICT ,TO THE AREA GENERALLY BOUNbED RY SOUTHWEST 1ST' STREET,'. SOUTHWEST SOUTH RIVER DRIVE, SOUTHWEST 2N0 STREET AND SOUTHWEST .5TH 'AVENUE, (MORE PARTttotARLY DESCRIBED.. HEREIN);:' •MAKING• FINDINGS; .ADOPTING • AND INCORPORATING BY 1REFERENCE .THE "DESIGNATION REPORT",• AND 'BY.. MAKING ALL NECESSARY CHANGES. ON PAGE. NO. •36 OF THE .ZONING ATLAS; CONTAINING .A REPEALER PROVISION AND A SEVERABILITY. CLAUSE. WHEREAS, .th'e Miami' • Heritage Conservation..;Aoard, . •,at ..i•ts meeting of• September 30, 1986, Item No... 2, ::following. an advertised :hearing, .adopted .Resolutton PAB. 14-86,• by a' .6__ to 0.: • vote, RECOMMENDING APPROVAL, of designating the`. subject•propprtiee. as .an historic d'istricti and WHEREAS, the Miami Planning Advisory Board, at its meeting of'Octoher 15,•1985.,. Item:'No 6;•following an. advertised hearing,' adopted Resolution No.' PAB 41-86,•'by a .9 'to• 0 vote, RECOMMENDING APPROVAL..of•.applying.the "HC-Sr'.COMMERCIAL-RESIDENTIAL; HERITAGE. CONSERVATION OVERLAY..DISTRiCT to. the 'subject' oroperties;: as .hereinafter set forth;,' and WHEREAS,, the City .Commission;.• after • considaration of this"" . matter deems -it advisable and in the best •.interest:Of.the general. to grant this welfare of the City: of .,Miami :and •its inhabitants • application; as hereinafter set forth, NOW, THEREFORE; RE IT ORDAINED• BY THE. COMMISSION OF THE CITY OF MIAMT,'FLORIDA: Section. l.. The Zoning Atlas: of...Ordinance No. 9500,. the' Zoning. Ord inance4'of the City• of Miami; Florida, . is hereby• amended,: .. by applying * . the • .COMMERCIAL-RESIDENTIAL:HERITAGE`.; `'. CONSERVATIONOVERL,AY DISTRICT to the. "SOUTH ,.RIVER. •DRIVE . HISTORIC DIST.RICT," located'. in the area generally bounded' by So"uthwest:ls.t:. Street, Southwest 'South River Drive, Southwest 2nd Street- and. Southwest 5th Avenue, also described as'Lots 1,..2,::3,4, 15, 16, .' 17 and 18, less.the nor therly'54:of T,ots.3 •an1d.4, Block 188, City. .11 ,44 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015• City Clerk • of. Miami Sot.ith (R-41) P. R.t).it: t' together with. that unpl.atted parcel of . land, fronting :ow the w.?nt.-hank of. the Miami River., extending anproximat ly .LA()! south Of. the Southwest .lst Street fiYiclgt? betweeh the Miami River and southwest :South River Drive, -.further •describers as fol.lowst, beginning nt, 1:.hi paint where the line of 13th Street (now called Southwest 1St Street) as .shown by . the map Atli: KNOWLTON MIAMI MOOTH (H-41) P:R.D.C., produced easterly intersects the United. States,Harbor. 1.inne on the westerly side of . the Miami RS.•rer; thence northwesterly along said United.States States Harbor. Linea distance of + 15..r1' to the' ',AUth Ride of the Southwest 1st Street Bridge as now constructed;,.thenc with a deflection angle of + 68°55'43" to the left run alonq•said south. side •of.;the Southwest 1st ,Street •Rriclge ,a .now'constructed •a• distanceof + 35.58':, thence Continuing —along —said. s.outh.side_ of the Southwest ;1st .Street Bridle as now, constructed •along the of a curve to ,the right, having a' radius of• ± 889.:.92' and a central -.line angle of + 03°30'1B"', .a distance of. ± 54.44' to a : point on the said. south line of 13th'Street (now: called Southwest ' 1st .Street)' produced` easterly; thence east' a1o.ng..said sou.th.'line of .13th :Street. (now called Southwest. 1st. Street) 'produced. easterly a'•distance .of .+ •96.9.'1.' to '.the point of beginning. :Be,i•nq the , same':.proper,.ty conveyed to'. •the ..grantor and: •.her . 'deceased husband hy. the ..Ct'ty of Miami by. Quit C.l.aim. Deed •dated April,. 21, 1931 .and recorded 'in DB (1442-303) P:R:D..C..; .,and beginning: at a point where the north line'of i.ot 3 .of Block 18 south, .KNOWLTON MAP.,.OE MIAMI,' produced' east intersects the easterly -boundary,. of South River: Street thence southerly` eking said .easterly line of. .South River Street to a .point where a line `.drawn' east and;. west.' throuali the .center of . Lot 2 i.f, ' produced Oast; intersects the easterly line of :South River. Street; thence easterly along said center. line of .'Lo.t 2 produ.ced. east to the. low <. Mark of Miami. River;.thenoe northerly:along said low water lines: to a'point where the north line of. said Lo,t3 produced. east would intersect•'. said low water •line; thence ' westerly along said sine produced :east. to point;of .beginning; :with. all submerged .sand -11111111111111111 •a Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk :'between this tract anal the channel of •the Miami toter,. together with all riparian rights: ,Less that portion thereof conveyed to the City of ,Miami' by deed dated February. 6, 1931, recorded in.DO (1445.524) P:R.D.C'.. and also less that portion dedicated to the ;.City of Miami by deed dated March 26,.193, recorded .in nR (1622-•. .as depicted in. the map attached and made a part. .,hereto, 'Further finding that the subject property embodies those iiatinguishing characteristics' of an architectural style to warrant 'the herein action. 2. The. "Designation.'. Report,'.'' accepted.: by.'the Chairman of the Miami Heritage, Conservation Board, on 'September. 30, 1986.,. is hereby adopted and incorporated 4herein•hy reference. Section . 3. Page No. .•36' of .the - zoning •.atlas incorporated. i.n said ordinance) by ref'ererice' and; 'de§cript ion :.in. Article...,. Section 300'thereof,•is hereby. amended• to reflect'the herein DISTRICT application. :Section 4...••All ordinances or parts of ordinances insofar _as • they are inconsistent or•• in ,conflict. withythe provisions of... this ordinance :ar.e'hereby:repealed. Section .5. It: 'any section; part Of section, peragr:aph, 'clause,.phrase or word of:'this ordinance• is declared invalid; the r'emaininq •erovis.ians_ofthisordinance shall notaffected. PASSED ON FIRST .READING .BY TITLE ONLY this:• 25th day Section • November , 198.6. PASSED AND ADOPTED ON SECOND day: of January. PREPARED AND APPROVED BY: GJ STOPHER-G. KOF. grant City'At orney 1 Ft AND•FINAL READING BY :TITLE ONLY. 19! 7•" �=. VIER L. SUAREZ Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 2 NPS Form 10.900 Submitted into the public(3-82) oxe No. 1024_001e Record for item(s) PZ. 4 Expires 10-31-87 United States Department of the Interior on 07/09/2015, City Clerk National Park Service For NPS use only National Register of Historic Places received MAR 3 0 1987 Inventory —Nomination Form date entered Q 1987 See instructions in How to Complete National Register Forms Type all entries —complete applicable sections 1. Name historic South River Drive Historic District and or common N/A 2. Location 428, 438 S.W. 1st Street; 437 S.V. 2nd Street' street & number 104, 109, 118 S.W. South River Drive N?Anot for publication city, town Miami N/A vicinity of state Florida code 12 county Dade code 025 3. Classification Category Ownership Status Present Use district — pubXlic occupied agriculture —museum building(s) X private unoccupied — commercial _ park - structure — both X work in progress — educational private residence - site Public Acquisition Accessible — entertainment — religious object In process X yes: restricted — government scientific _ being considered —_ yes: unrestricted — industrial _ transportation N/A _ no __ military X other: vacant 4. Owner of Property name Magic City Enterprises street&number 111 S.W. 5th Avenue city, town M i am i N/A_ vicinity of state Florida 5. Location of Legal Description courthouse, registry of deeds, etc. Dade County Courthouse street & number 73 West Flagler Street city, town Miami state Florida 6. Representation in Existing Surveys title Dade County Historic Survey has this properly been determined eligible? — yes X no date 1981 — federal _ state X county local depository for survey records Division of Historical Resources city, town Tallahassee state Florida 7. Description Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Condition Check one Check one — excellent — deteriorated — unaltered —X_ original site good — ruins altered — moved date L. fair — unexposed Dis/hribi'4ih present and original (if known) physical appearance Summary The South River Drive Historic District consists of a group of six frame vernacular buildings and three outbuildings constructed c. 1908-1914. The buildings are generally rectangular in plan, two or two -and -one-half stories high and covered by low to medium pitch gable or hip roofs. The buildings are clad in horizontal weather boards with corner posts and rest on masonry piers. All buildings feature projecting porches supported by either square posts or columns and are covered by low pitch shed or hip roofs. Main roofs are generally punctuated by gable -roofed dormers and are covered by composition shingles. Original fenestration is double hung sash, one over one, although most windows have been altered by modern jalousies. Significant interior features include beaded paneling and wainscotting, plastered walls and ceilings, stairs and wood floors. The district presents a uniform appearance through the similarity of scale, massing, setback, materials and architectural style of its component buildings. Contextural and Location Information The South River Drive Historic District is located immediately west of downtown Miami in an area historically developed as the Miami Knowlton subdivision. The subdivision is largely residential in character, consisting primarily of one and two-story residences and two and three-story apartment'buildings. Architectually, the sub- division's pre-1920 buildings are almost exclusively frame vernacular buildings, while many of its post-1920 buildings display the influence of the Mediterranean Revival style. Most of the subdivision's pre-1920 buildings have been lost; however, scattered individual buildings and small groupings of these buildings do survive. The South River Drive Historic District is one of the finest groupings of the subdivision's earliest buildings. 438 S.W. 1st Street 438 S.W. 1st Street (photo 3) is a rectangular two -and -a -half -story building with a prominent north porch. The building is covered by a medium pitch gable roof, ridge perpendicular to the street, recently re -roofed with galvanized aluminum. Two gabled dormers occupy the east slope of the roof, the southernmost forming a bay window projection. A one-story porch covered by a low shed roof and supported by square posts occupies the north elevation of the building. A similar porch is located at the rear (south) elevation of the building. All fenestra- tion has been replaced with modern double hung sash, generally six over six. A tripartie window occupies the north gable end of the building. Front (north) access to the building is through French doors at the first floor and through a solid door at the second floor accessed by way of a plank -like bridge connecting the building to the S.W. 1st Street bridge. 8. Significance Period - prehistoric __.1400-1499 - 1500-1599 _ 1600-1699 - 1700-1799 • __ 1800-1899 X _ 1900- Areas of Significance --Check and justify below __._. archeology -prehistoric . _ ._ community planning _._ archeology -historic __ conservation __ agriculture _.__ economics X. architecture ____ education ____ art X. commerce —_ communications _ . engineering exploration/settlement .____ industry invention Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk __ landscape architecture.— _ __ law __._ literature __ military _ ___ music —_ philosophy —_ politics/government . religion science sculpture _ social/ humanitarian theater transportation other (specify) Specific dates c..19 0 8 -1914 Builder/Architect Unkn own Statement of Significance (in one paragraph) Summary The South River Drive Historic District is historically significant through its association with the Miami Knowlton Subdivision and the Miami River and architecturally significant as a fine representation of early 20th century frame vernacular architecture in Miami. Developed c. 1908- 1914, the six -building district is one of the most cohesive groupings of extant buildings associated with the Miami Knowlton Subdivision, the first subdivision of the city of Miami. The district is also significant through its association with the commercial and recreational development of the nearby Miami River; its six boarding houses providing accommoda- tions for both residents engaged in commercial activities on the river and for tourists who used the river for recreational purposes. Architec- turally, the district includes one of the finest, most intact groupings of frame vernacular buildings in Miami. Background Development The major significance of the South River Drive Historic 'District lies in its association with the broad developmental history of the city of Miami rather than in the individual historic significance of its component buildings. The city of Miami owes much of its existence to the Miami River which borders the district on the east. •The name Miami itself is derived from a similar sounding vord used by the Indians to refer to the river, iheaning "sweet water." As early as the sixteenth century, the Spanish established a mission on the river's north bank. Subsequent attempts by white settlers to establish a settlement on the river were not successful until the mid -nineteenth century when a permanent Miami River settlement was finally established. The earliest phase of settlement took place in 1855 near the mouth of the river in the vicinity of Fort Dallas, which had been established in 1838. A second settlement spurt occurred around 1865, in response to the passage of the Homestead Act and the end of the Civil War. During these periods, the Miami River community sustained itself prin- cipally from the coontie starch industry. Several coontie mills were in operation on the river which employed a number of pioneer settlers. Concurrently, trade, conducted primarily with the Seminole Indians, was also becoming a successful endeavor. As a result, several trading posts came into being along the river, the most prominent being that of William Brickell. The Brickell post was located on the south bank of the river at its mouth.2 submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk • B. Major Bibliographical References See Continuation Sheet 10. Geographical Data Acreage of nominated property 2 . 5 apx. Quadrangle name Mi am 1 Quadrangle scale 1: 2 4,000 UT M References A l 117 1 15 IR I nl CIS i d 12 18 1 510 151 411 Zone Easting Northing c WI I I 1 1 1 I I Lilll 1 1 1 E LLJ I 11 1 Ll1 GI i1'1;Ii`i`1Iii'1;�. B L�1 L J 1' 1 1 I 1 1' 1 j Zone Easting Northing �W11_Iil1I1I11►►1 F W I i I i j 1 1 1 Verbal boundary description and justification ..Se-e Continuation Sheet List all states and counties for properties overlapping state or county boundaries state N/A code N/A county N/A code N/A, state N / A code N / A county N / A code N / A 11. Form Prepared By name/title :,Maria Temkin, Ivan Rodriguez, Michael Zimny organization Bureau of Historic Preservation date February, 1987 street & number Department of State telephone , : (9.0 4 )4.87 - 2 3 3,3, city or town Tallahassee state Florida 12. State Historic Preservation. Officer Certification The evaluated significance of this property within the state is: national —_ state X local As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89- 665), I hereby nominate this property for inclusion in the National Register and ce Wjr' f)at it has been evaluated according to the criteria and procedures set forth by th af�onal Park service State Historic Preservation Officer signature title State Historic Preservation Off cer For MPS use ony I horsey certify that thisproperty is included In the National Register Keeper of the Nat Attest: ate date date A2A7 Chief of Registration NMI Form 10•900.. 4) United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Continuation sheet 1 Item number 7 O88 No. 1024-0018 Expires 10-31-87 Page 1 428 S.W. 1st Street 428 S.w. 1st Street (photo 4) is a rectangular, two -and -a -half - story building with a two-story north porch. Like 438 S.W. 1st Street, the building is covered by a medium pitch gable roof with a similar ridge orientation. The roof is covered by composition shingles and includes a single shed -roofed dormer at both its east and west slopes. Exposed rafter ends provide the building with its only decorative elements. A two-story porch covered by a low pitched hip roof and supported by square columns occupies the north elevation of the building. The first floor of the porch has been enclosed, although it appears that the enclosure may have been made as early as the late 1920's or the early 1930's. Fenestration is original double hung sash, one over one. A tripartie window similar to that of the 438 building appears in the north gable end of the building. Front access to the building is identical to 438 S.W. 1st Street. 104 S.W. South River Drive 104 S.W. South River Drive (photos 5-7) is somewhat larger and more prominent than the 1st Street buildings. The building is rectangular in plan, two -and -a -half -stories high and features prominent north and east elevations. The building is covered by a medium pitch gable roof, ridge parallel to S.W. South River Drive. Two large, symmetrically placed gabled dormers punctuate the east slope of the roof. The roof also displays exposed rafter ends. A one-story, hip -roofed porch supported by square posts resting on a low masonry wall occupies the northeast corner of the building. The north end of the porch has been enclosed with stucco and wood louvered openings. Fenestration is one over one double hung sash or modern jalousie replacements. The main (east) entry to the building retains its original side light configuration, although the original door has been replaced by a modern wood and glass jalousie door. A secondary entrance is located on the second story east elevation which includes a bridge -like connector similar to the two other 1st street buildings. 109 S.W. South River Drive 109 S.W. South River Drive (photos 9 and 15) is a rectangular, two-story building covered by a medium pitch hip roof. The roof is covered by replacement asphalt shingles. A one-story projecting porch covered by a low hip roof extends across the front (west) elevation of the building. The north end of the porch has been enclosed. The rear (east) elevation of the building features a two-story projecting bay window and two later additions. An exterior stair is located on both the north and south elevations. Fenestration is double hung sash, one over one, with some windows containing jalousie replacements. A one-story frame outbuilding with a lean-to gable roof is located on the northeast corner of the property. Nps Fonn 10-ooa. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 2 Item number 7 OMB NO. 1024-0018 Expires 10-31-87 Page 2 118 S.W. South River Drive 118 S.W. South River Drive (photos 8, 12-14), also known as the Rose Arms Apartments, is the most elaborate building in the district. The two -and -a -half -story building is irregular in plan and is covered by a medium pitch gable roof. The ridge of the gable is placed perpendicular to the street. A gable -roofed dormer is located on both the north and south slopes of the gable. Two one-story masses covered by low-pitched hip roofs are located on the north and south elevations. The main feature of the building is a two-story porch across its east elevation. Inset under the main building mass, the porch is supported by large wooden posts which in turn rest on a low wall of oolitic limestone. The porch also features a blind balustrade at its second story. The second story of the porch has been enclosed, although it appears that the enclosure was made early in the history of the building. Fenestration is one over one double hung sash, except for some jalousie replacements. A triple window is located in the east gable of the building and in its north and south dormers. Exposed rafter ends, cornerboards and plain door and window surrounds provide the only suggestion of ornamentation. 437 S.W. 2nd Street 437 S.W. 2nd Street (photos 10 and 11) is a rectangular, two-story building covered by a medium pitch hip roof. The roof is covered by diamond -shaped composition shingles. A one-story porch supported by classically -inspired columns and covered by a low pitch hip roof extends across the main (south) elevation of the building. A small one-story mass projects at the rear (north) elevation. All fenestration has been altered by the addition of contemporary windows. Two one-story, gable -roofed outbuildings are located to the north of the main structure. Boundary Information and Justification The boundaries of the South River Drive Historic District are defined primarily by contemporary in -full construction which has taken place throughout the Miami Knowlton subdivision. Beginning at its southeast corner (S.W. 2nd Street and South River Drive), the district is bordered on the southeast by modern two and three-story apartment buildings and a vacant lot (photo 1A). The south side of S.W. 2nd Street is marked by two modern residences and a modern two-story apartment building (photo 7A). The district's western boundary is clearly deline- ated by a modern three-story apartment building at its southwest corner (photo 2A) and a large, five -story apartment building at its northwest corner (photo 3A). The rise of the S.W. 1st Street bridge provides a strong visual boundary for the northern edge of the district (photo 4A). The north side of the bridge is marked by modern one-story commercial buildings and parking (photos 6A and 9A). On the east, the Miami River NPE Form 10400.s 11 United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Continuation sheet 3 Item number 7 ONE No. 1024-0018 Expires 10-31-87 Page 3 provides a natural boundary for(the 109 S.W. South River Drive property (photo 1). The southeast boundary of the district along S.W. South River Drive is marked by a storage yard (photo 8A) and Jose Marti Park (photo SA). These boundaries produce a clearly defined self-contained historic district within its larger context of predominately modern construction. S.W. 1st Street Walkways The northern boundary of the district is drawn at the property line separating the three northernmost properties from the adjacent S.W. 1st Street Bridge. This line coincides with the intersection of the second story plank walkways and the bridge, thus including the walkways within 'the district. The walkways were constructed shortly after the completion of the bridge in ]929 to provide egress to the 438 and 428 S.W. 1st Street and 104 S.W. South River Drive properties. Though not original or appro- priate to the buildings, the walkways have acquired their own significance as the resultant effect that growth and transportation improvements pro- duced. Their inclusion within the district as integral historic elements is therefore justified and appropriate. Resources Inventory Contributory resources: 9 buildings 428 S.W. 1st Street 438 S.W. 1st Street 437 S.W. 2nd Street (includes 2 outbuildings) 104 S.W. South River Drive 109 S.W. South River Drive (includes 1 outbuilding) 118 S.W. South River Drive *Non-contributory resources: 0 MPS Form 1041004 GI'!2) United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 4 Item number 8 OMB No. 1024-0018 Expires 10-31-87 Page 1 By the late 1800's, the Miami River settlement was a concentrated center of activity. In 1891, Julia Tuttle, a widow from Cleveland, Ohio, arrived at the settlement and envisioned its future. She wrote to a friend: It may seem strange to you but it is the dream of my life to see this wilderness turned into a prosperous country and where this tangled mass of vine, brush, trees and rocks now are to see homes with modern improvements surrounded by beautiful grassy lawns, flowers, shrubs and shade trees.' Julia Tuttle determined to make her dream materialize. After purchasing a 640 acre tract of land on which Ft. Dallas was located, she persuaded Henry M. Flagler to extend his Florida East Coast railroad to Miami. The arrival of the railroad at the Miami settlement in 1896 brought a period of unparalleled growth and development to the fledgling city. New residents and tourists alike began arriving by the train load. While the larger, grander hotels such as the Royal Palm attracted such notables as the Rockefellers, Astors and Vanderbilts, more modest visitors and potential new residents also needed accommodations. The area west of the Miami River soon began to fill with comfortable, unassuming residences and rooming houses for transients as the city of Miami rapidly expanded. Miami Knowlton Subdivision As the north bank of the Miami River developed into Miami's civic and commercial center, its south bank, including the South River Drive Historic District, began to emerge as a residential area.4 This area was originally part of the Hagan Donation, a Spanish land grant dating from 1825.5 By 1896, the property was owned by such notables as Mary and William B. Brickell, Julia D. Tuttle, Henry M. Flagler, and the Forst Dallas Land Company. In June, 1896, the area was surveyed and platted by A. L. Knowlton as a part of the plot for the city of Miami.6 Knowlton, a civil engineer, was responsible for the subdivision and mapping of Miami's original blocks and stxeets. The "Miami" subdivision popularly came to be known as "Knowlton." Development of the Knowlton Subdivision south and west of the Miami River began a few years after the subdivision was platted. A bridge crossing the river at Flagler Street was built in 1906 by the Tatum brothers. The Tatums, Smiley, Bethel and John, were also responsible for the establishment of Miami' first transit system, a trolley line which ran along Flagler Street. The trolley line facilitated the western expansion of the city through the 1910's and 1920's, many areas of which were also developed by the Tatum Brothers Company. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk MPS Fonn 10•100•s .121 United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 5 Item number 8 OMB No. 1024-00I8 Expires 10-31-87 Page 2 The completion of the Flagler Street bridge was a key event in the development of the South River Drive Historic District, as it provided the subdivision with direct access to downtown Miami. As would be expected, the area in the immediate vicinity of the bridge, including the proposed historic district, was the first to develop. Development within the district occurred between 1908 and 1914, coincidental with that of the larger Knowlton subdivision. Although a substantial number of the subdivision's early buildings remain, the South River Drive Historic District constitutes the oldest, most intact collection of historic buildings which have survived from this period of the subdivision's development. Records indicate that it is not likely that the buildings included within the district ever served as single-family residences, with the possible exception of the building located at 437 S.W. 2nd Street. If such was their original use, it was short-lived. Although it appears that the early owners of these properties resided at them, they very early on began taking in boarders, the large size of the buildings making them easily adaptable to such usage. Further, and more importantly, their strategic location in close proximity to the river and the Flagler Street bridge made the buildings prime candidates for this type of adaptation. While it is possible to list the names of some of the first owners of the buildings that make up the South River Drive Historic District, the names of the guests staying at the rooming houses are unavailable, as no guest registers have been obtained or are known to exist. The largest rooming house in the district is the Rose Arms, located at 118 S.W. South River Drive. Its first owners were John C. Baile and his wife, Rose. John K. Baile, a student, and Hilda M. Baile are listed in the 1915 city directory as boarders there. Having the same surname as the owners, it can be surmised that they were relatives, but apparently were also paying guests. The Bailes may have operated a rooming house complex, for they also appear as the owners of 428 S.W. 1st Street and 104 and 109 S.W. south River Drive. While the Rose Arms remained under Baile proprietorship for several years, as early as 1914 the other three properties were sold tb Charles L. Gibbons and his wife, Isabella. By 1918, Charles 0. Sims and his wife, Winifred, appear as the owners of 428 S.W. 1st Street. Sims was involved with real estate and was employed by the Hagan Realty Company. In 1915, James C. Smith and his wife, Josephine, are recorded as owners of the building located at 438 S.W. 1st Street. James Smith was a physician. Although this building may first have served as a single family residence, it is later referred to as the New Jersey Guest House. The building located at 437 S.W. 2nd Street always seems to have been used as a single family residence. Constructed around 1913, Submitted into the public Record for items) PZ. 4 on 07/09/2015, City Clerk NP$ Fenn 104004 OMB No. 1024-0018 Expires 10-31-87 United States Department of the interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 6 Item number 8 Page 3 its first residents were the Eberwines. William C. Eberwine was a milliner who worked for the Chaffin Millinery Shop located at what was then 220-llth Street. In later years, Eberwine was employed by the Southern Feed Company (original address of 422-424 - 13th Street) as Secretary and Treasurer.10 Association with the Miami River The association of the South River Drive Historic District with the Miami River lies both in its close proximity to the river and in the association many of its residents had with river -related attractions and activities. The Miami River was both a recreational and a working river and the district's six boarding houses provided tourists and residents alike with accommodations convenient to the river's commercial and recreational activities. The early tourist or recreational attractions of the Miami River included Musa Isle, Coppinger's Tropical Gardens and the Miami Canoe Club. Musa Isle was located on the south bank of the river about four -and -one-half miles inland. Musa Isle was the ite of a grove "where more than 50 kinds of tropical fruit" grew.1' It soon developed into the city's first mail order fruit shipping enterprise. Musa Isle also included a wooden tower from which sightseers could get a view of the Everglades. Coppinger's Tropical Gardens was located on the north bank of the river, also about four -and -one-half miles inland, at the site of a former Indian settlement. In 1914 the site was developed by Henry Coppinger as a commercial attraction at which sightseers could visit a typical Seminole village and an alligator farm.12 An even closer tourist attraction to the district was the Miami Canoe Club, which was located directly opposite the Rose Arms on South River Drive. A popular attraction for visitors and residents alike, the Canoe Club operated between 1921 and 1926 before meeting its demise during the 1926 hurricane.13 Although guest registers are not available, it is more than likely that the buildings of the South River Drive Historic District served as an important hostelry to this and other river attractions for the working class visitor to Miami. The Miami River was as much a working river as it was a river of leisurely pursuits. In addition to the coontie starch mills, boatyards, docks and their associated warehouse buildings were located along the river's banks. The river's docks were laden with a diversity of goods, including lumber and a variety of produce and fish. Lumber was brought down the river primarily for local use as a building material. Produce, which included tomatoes and pineapples, was sent to harsher climates where such crops were unavailable. Fish landed here was consumed locally or shipped by rail to northern markets. Just as the buildings Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk NPS Form 10•B0O s 042) United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 7 Item number 8 OMB No. 1024-0018 Expires 10-31-87 Page 4 of the South River Drive Historic District provided accommodations for the casual visitor to Miami, they in all likelihood provided a similar function for the river's labor force and also for the growing construc- tion industry in Miami. Architectural Significance The buildings included in the South River Drive Historic District are significant as fine examples of early frame vernacular architecture in Miami. Reflecting the typical architectural vocabulary of early twentieth century design in South Florida, the buildings are without stylistic reference or applied ornamentation. Physically, they are characterized by bailon frame construction, horizontal siding, hipped or gable roofs pierced by large dormers, double hung windows and prominent front porches supported by square posts or columns. Applied ornamenta- tion is totally absent. Interiors are distinguished by beaded paneling and wainscotting. Alterations to the buildings include window and door replacement, porch enclosures and roofing changes. Neither the architectural modesty of these buildings nor their limited number compromise their collective significance as an historic district. The district constitutes the only extant group of frame vernacular buildings in such close proximity to the Miami River. Although the pressures of time and development have eroded much of the district's surroundings within the original Knowlton Subdivision, this group of buildings retains sufficient physical integrity to read as a cohesive and integral historic unit. Further, the proposed adaptative re -use of the buildings as a bed and breakfast complex is appropriate to their historic use as boarding houses and to the preservation of their historic and architectural integrity. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk NP6 Form 10•i00•i WO United States Department of the Interior National Park Service National Register of Historic Places InventoryNominationForm Continuation sheet 8 Item number 8 OMB No. 1024-0018 Expires 10-3I-87 Page 5 NOTES 1Gayle Croom, "Life on the Miami River Back When...," The Miami News, Florida Living Magazine, March 11, 1962, p. 3. 2Metropolitan Dade County, Historic Preservation Division, From Wilderness to Metropolis, (Miami: Franklin Press, Inc., 1982), pp. 3-21. 3Helen Muir, Miami, U.S.A., (New York: Henry Holt and Co., 1953), p. 49. 4"Miami River," The Miami Herald, April 9, 1978, p. 2D. SJohn E. Hunter, "Developmental History of Little Havana's Miami (Knowlton) Subdivision," Dade County Historic Survey, 1980. ()Plat Book B, p. 41, June 9, 1986, Dade County, FL, Recorder's Office. 7Hunter, n.p. 8lbid. 9Abstract Books for all six properties in the South River Drive Historic District; Polk City Directories, 1911-1918; and Sanborn Insurance Maps, 1905-1921. 10Abstract Books and Polk City Directories. 11"Miami River," p. 2D. 12"Miami River Guide and Map," The Florida Shipper Magazine, 1985. 13polk City Directories, 1916-1928. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk NPS'atm 10 004 OND Approval No. 1021-0011 United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 9 Item number 9 Page 1 Major Bibliographical References: Aiken, Zora. "The Miami River." Southern Boating. October, 1985. Ash, Agnes. "The Miami - River of the Disenchanted." The Miami News, August 30, 1964, p. 38. Bellamy, Jeanne. "Only Four Miles in Length, but Where is it Rolling?" The Miami Herald, February 13, 1960, p. 6A. Blackman, E. V. Miami and Dade County, Florida: Its Settlement, Progress, and Achievement. Washington: Victor Rainbolt, 1921. Bonawit, Oby J. Miami, Florida, Early Families and Records. Miami: privately printed, 1980. Cohen, Isador. Historical Sketches and Sidelights of Miami. Miami: privately printed, 1925. Croom, Gayle. "Life on the Miami River Back When..." The Miami News, Florida Living Magazine, March 11, 1962. Dade County, Florida. Recorder's Office. Abstract Books. Dade County, Florida. Recorder's Office. Plat Book B, p. 41, June 9, 1896. Greene, Juanita. "Miami River: still a Mess, But Looking Better." The Miami Herald, December 16, 1972, p. 7A. Hollingsworth, Tracy. History of Dade County, Florida. Coral Gables, FL: Glade House, 1949. Hopkins, G. M. Plat Book of Greater Miami, Florida and Suburbs. Philadelphia, 1925. Hunter, John E. "Developmental History of Little Havana's Miami (Knowlton) Subdivision." Dade County Historic Survey, 1980. Metropolitan Dade County, Historic Preservation Division. From Wilderness to Metropolis. Miami: Franklin Press, Inc., 1982. "Miami River." The Miami Herald, April 9, 1978, p. 1D-2D. "Miami River." Photographic Collection, Historical Association of Southern Florida, Miami, FL. "Miami River." Postcard Collection, Historical Association of Southern Florida, Miami, FL. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk NI{ Rahn 104 United States Department of the Interior National Park Service National Register of Historic Places Inventory Nomination Form Continuation sheet 10 Item number 9 QND Approval No. 1024-0011 page 2 "Miami River Guide and Map." The Florida Shipper Magazine, 1985. Miami River Management Committee. "The Miami River - A Profile." The Florida Shipper Magazine, 1985. "The Miami River - Past and Future." Preservation Today, Volume 1, Number 1, Spring, 1983. Muir, Helen. Miami, U.S.A. New York: Henry Holt F Co., 1953. Parks, Arva Moore. Miami: The Magic City. Tulsa: Continental Heritage Press, 1981. Peters, Thelma. Biscayne Country: 1870-1926. Miami: Banyan Books, 1976. Polk, R. L. R. L. Polk and Company's Miami City Directory. Jacksonville: R. L. Po17—and Company, 1911-1926. Postell, Charles and Lawrence Mahoney. "The bweet Water." The Miami Herald, March 15, 1970, p. 27-29. Sanborn Map Company. Insurance Maps of Miami, Dade County, FL, 1905-1921. Site Inventory Forms, Dade County Historic Survey, Miami, FL, 1980. Smiley, Nixon. "The River." The Miami Herald, April 9, 1967, p. 8-12. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk MN lane 100004 0421 OMD Approval. No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Inventory —Nomination Form Continuation sheet 11 Item number 10 Page 1 Verbal Boundary Description: Beginning at the N.W. corner of Lot 4 (438 S.W. 1st Street), Block 18 South, City of Miami, then Easterly (including 428 S.W. 1st Street and 104 S.W. South River Drive) crossing S.W. South River Drive to the N.E. corner of the 109 S.W. South River Drive property, then Southeasterly along the west bank of the Miami River to the S.E. corner of the 109 S.W. South River Drive property, then to the S.W. corner of the 109 S.W. South River Drive property, crossing S.W. South River Drive due west, to the S.E. corner of the 104 S.W. South River Drive property, then Southeasterly to the S.B. corner of Lot 1 (118 S.W. South River Drive), then west to the S.W. corner of Lot 1 (point of intersection with the S.E. corner of Lot 4 and the N.E. corner of Lot 15), then south to the S.E. corner of Lot 15 (437 S.W. 2nd Street), then west of the S.W. corner of Lot 15, then north to the point of beginning. See Item 7 for boundary justification. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 3 >ubmitted into the public Zecord for item(s) PZ. 4 )n 07 09 2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South. River Drive Historic District 2, Miami River & S.W. 1st Street, Miami (Dade County), FL. 3. Unknown 4. 1920's 5. State Photographic Archives, Florida Collection, Tallahassee 6, West View Across the River, with Miami Canoe Club in Foreground, Surrounded by Existing Buildings 7. MAR 3 0 1937 Submitted into the public Record for item(s) PZ. 4 on 07 09 2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. Miami River & S.W. 1st Street Bridge, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. West View Across Miami River, 1986 7. Photo 1 of 15 tviAR 3 0 L987 1110410,- Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. Miami River & S.W. 1st Street bridge, Miami (Dade County), FL. 3. Unknown 4. 1930's 5. Historical Association of Southern Florida 6. West View Across River, 1930's 7. Photo 2 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07 09 2015, City Clerk 1. South River Drive Historic District 2. 438 S.W. 1st Street, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. North and East Elevations 7. Photo 3 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1111114Zil":/ ."‘ • / "."/Me.--/ / • , , 41".1 iss• 1 419 •NA,14110:1 ' , z4*. • f 11. grit iftwaitts.Kilkosfaree-- % Platt • 4,v l'AVANielrA .474,11. -PATAIPA'• Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 428 S.W. 1st Street, Miami (Dade County), FL 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. North Elevation 7. Photo 4 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 104, 118 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. North and East Elevations 7. Photo 5 of 15 Submitted into the public Record for item(s) PZ. 4 • on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 104 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. East Elevation 7.' Photo 6 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 104 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. East Elevation, Detail 7. Photo 7 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 Dn 07/09/2015, City Clerk 1. South River Drive Historic District 2. 118 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. East Elevation 7. Photo 8 of 15 J.� • ~''')-(;4*V4': . . '''' •, -ye �" . �„ , ' r .r4 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07 09 2015, City Clerk 1. South River Drive Historic District 2. 109 S.W. South River Drive, Miami. (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. West Elevation 7. Photo 9 of 15 3/301d7 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 437 S.W. 2nd Street, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. South Elevation 7. Photo 10 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk NI Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 437 S.W. 2nd Street, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. Outbuildings, South Elevation 7. Photo 11 of Submitted into the public Record for item(s)pZ. 4 onO7/OQ/3O1S'City Clerk . -- - Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 118 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. Interior Detail 7. Photo 12 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 118 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. Interior Detail 7. Photo 13 of 15 Submitted into the public Record for item(dPZ.4 onO7/O9/2O1S'City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 118 S.W. South River Drive, Miami (Dade County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. Interior Detail 7. Photo' 14 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. 109 S.W. South River Drive, Miami (We County), FL. 3. Ivan A. Rodriguez 4. 1986 5. Ivan A. Rodriguez 6. East and North Elevations, Fruiu Across the Bridge 7. Photo 15 of 15 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. South River Drive and S.W. 2nd Street 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking northwest 7. Photo lA Submitted into the public Record for item(s) PZ. 4 • on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. S.W. 2nd Street 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking northeast 7. Photo 2A Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. S.W. 1st Street and S.W. 5th Avenue 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking southeast 7. Photo 3A Submitted into the public Record for item(s) PZ. 4 on OZN.9.a_0_LS, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. S.W. 1st Street 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking southwest 7. Photo 4A Submitted into the public Record for item(dPz. 4 on 07109/2015, City Clerk ^ Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. South River Drive 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking southeast 7. Photo 5A Submitted into the public Record for items) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk i. South River Drive Historic District 2. South River Drive 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking northwest 7. Photo 6A Submitted into the public Record for hem(s)pZ-4 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk L. South River Drive Historic District 2. S.W. 2nd Street 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking southwest 7. Photo 7A Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Z. South River Drive Historic District 2. South River Drive 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking northeast 7. Photo 8A Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1. South River Drive Historic District 2. South River Drive 3. Ivan A. Rodriguez 4. 1987 5. Ivan A. Rodriguez 6. View looking northeast 7. Photo 9A u L nt v NI 0- d T -c « 0 O - E C a+ O N a �O O 4- o^ O U 3 CJ C N CC 0 4 Ofr R C e>w 20 ! 08PG0744 u 1R72 1424 2001 OEC 28 13107 PRESERVATION AND CONSERVATION EASEMENT THIS PRESERVATION AND CONSERVATION EASEMENT DEED is made this '41' day of E}tom 200 / , by and between Miami River Inn, LL.C. ("Grantor'), whose address is 118 SW South River Drive, Miami Florida 33130, and The Trust for Public Land ("Grantee"), u non-profit corporation of the State of Florida, whose address is 116 New Montgomery, 41h floor, San Francisco. Ca.. 94105. WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located in the City of Miami, Miami -Dude County, Florida, more particularly described in Exhibit A attached hereto and incorporated herein (hereinafter" the Propcny"); and WHEREAS, the Property includes all of thc land and improvements within thc City of Miami 's South River Drive Historic District, both contributing and non- contributing structures, designated by the Miami City Commission on January 22, 1987 (Ordinance No.10213), and also listed in the National Register of Historic Places (hereinafter "National Register") on August 10. 1987: and WHEREAS, the contributing structures on the Property arc frame vcmacular buildings built between 1908-1914 that arc excellent examples ofthccarly building traditions of the first two decades following the city's incorporation in 1896, and thc non- contributing structures, as determined in the city's original historic district designation of January 22, 1987 and the National Register listing of August 10, 1987, reflect later significant architectural styles such as an deco and post -World War 2 modem, all illustrating aesthetics of design and possessing integrity of materials and workmanship; and WHEREAS, thc Grantee is authorized to accept conservation casements to protect historically, architecturally, or culturally significant property under and pursuant to the provisions of Florida Statute 704.06 (2000) (hereinafter "Act"); and WHEREAS, Grantor and Grantcc recognize the historical, architectural, and cultural values (hereinafter "conservation and preservation values") and significance of thc Property, and have thc common purpose of conserving and preserving the aforesaid conservation and preservation values and the significance of the Propcny; and WHEREAS, THE Property's conservation and preservation values arc documented in the City of Miami's South River Drive Historic District Designation Report (1986), the National Register of Historic Places Nomination Proposal -Florida (1986), a new third -party baseline study and report that details the current conditions of the Propcny, that is conducted at the Grantor's expense, and subject to report of the current status of the Propcny as stated in the (report of property appraiser J. Mark Quinlivan dated December, 2001) (hereinafter "Baseline Documentation") incorporated herein by reference, which Baseline Documentation the parties agree provides an Fliaraaiida AM"' r ffT.1Et!!(, 20IC8PC07( 5 accurate representation of the Propcny as of the effective date of this gran. In the event of any discrepancy between the two counterparts produced, the counterpart retained by the Grantee shall control; and WHEREAS, the grant of the conservation casement by Grantor to Grantee on thc Propcny will assist in preserving and maintaining the Propcny and its historical, architectural. and cultural features for the benefit of the people of the City of Miami. the County of Miami -Dade, the State of Florida, and the Unitcd States of America; and WHEREAS, to that end, Grantor desires to grant to the Grantee, and the Grantee desires to accept. a conservation casement thereinafter "Easement") in gross in perpetuity on thc Propcny pursuant to the Act; and NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to thc Act, Grantor hereby grants and conveys to, and creates and establishes In favor of Grantee a perpetual Easement over the Property which shall run with the land and shall be biding upon grantor, his heirs, successors and assigns, and shall rcmain in full force and effect forever. The scope, nature, character, terns, and conditions of this Easement shall be as follows: I. PURPOSE: It is the Purpose of this Eascmcnt to assure that thc historical, architectural, and cultural features of this property will be retained and maintained forever substantially in their current condition for conservation and preservation purposes and to prevent any use or change of the Propcny that will significantly impair or interfere with thc Property's consarvation and preservation values, with the covenants, rights. and other terms as descrihN below. GRANTOR'S COVENANTS 2. COVENANT TO MAINTAIN: Grantor agrees at all times to maintain the Buildings and other improvements in the same structural condition and state of repair as that existing on thc effective date of this Easement. if, at the time of the effective date of this Easement. any existing Buildings or other improvements are in a substantially deteriorated state than the grantor agrees to make a good faith effort to begin to replace missing or damaged elements, restore, or reconstruct such Buildings or improvements within one year following the effective date of this Easement, or as otherwise agreed between Grantor and Grantee. Grantor's obligation to maintain shall require replacement, rcpair, and reconstruction by Grantor whenever necessary to preserve the Buildings and other improvements in substantially the same structural condition and state of repair as that existing on the effective date of this Easement. Grantor's obligation to maintain shall also require that the Property's landscaping be maintained in good appearance with substantially similar plantings, vegetation, and natural screening to that existing on the effective date of this Easement. Subject to the casualty provisions of paragraphs 7 and 8 below, this obligation to maintain shall be done in accordance with the Secretary of the Interior 's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR 67) (hereinafter "Standards"). u - .erin •cu o E -o o' o cn E o 0 _ u c Ln cc 0 J ;s OFT. Plait 20108PG0746 3. PROHIBITED ACTIVITIES: The following acts or uses arc expressly forbidden on. over. or under the Property. except as otherwise conditioncd in this paragraph! a The Buildings or improvements shall not be demolished, removed, or raced except us provided in paragraphs 9 and ID below: b. No other buildings or structures, shall be erected or placed on the property hereafter except for temporary structures rcquircd for the mainicnancc or rehabilitation of thc property, such as construction trailers, unless such building or structurc is both necessary for and compatible with the continued use of the Property and is built in accordance with the Standards and is agreed to by and between both Grantor and Grantee; c. Subject to the maintenance cotenants of paragraph 2 above, the following interior features of the Buildins on the Property shall not be removed, demolished, or altered: 1. 118 SW South RivcrDr. -Built in cabinets and buffet 2. 104 SW South River Dr. -First floor Greplacc and decorative arch to second floor stairway •Sccond floor fircplacc 3. 428 SW First Su -cot -First floor fireplace 4. 438 SW First Strcct -First floor fircplacc and, d. The dumping of ashes, trash, rubbish, or any othcr unsightly or offensive materials is prohibited on the propcny. GRANTOR'S CONDITIONAL RIGHTS 4. CONDITIONAL RIGHTS REQUIRING APPROVAL BY GRANTEE: Without the prior express written approval of the grantee, which approval may be withheld or conditioned in the sole discretion of the Grantee, Grantor shall not undcnike any of the following actions: a. lncrcasc or decrease thc height of, ntakc additions to, change the exterior construction materials or colors of, or move, improve. alter, reconstruct. or change the facades (including fenestration) and roofs of the Buildings; b. Change the floor plans of the buildings; c. Make permanent substantial topographical changes, such as. by example. excavation for the construction of roads: d. Cut down or remove live trees located within thc existing lawn and landscape areas; and. c. Change the zoned use of the Property to another use, unless such proposed change in zoned use of the Property is agreed to by both Grantor and Grantee and does not impair the significant conservation and preservation values of the Property and does not conflict with the Purpose of the Easement. 5. REVIEW OF GRANTOR'S REQUESTS FOR APPROVAL: Grantor shall submit to grantee for Grantee's approval of those conditional rights set out al paragraph 4 information (including plans. specifications, and designs where appropriate) identifying the proposed activity with rcasonable specificity. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit grantee to monitor such activity. Grantor shall not undertake any such activity until approved by Grantee. Grantee reserves the right to consult with governmental agencies, non-profit • v u T 0 u; 0 N 0 0 c 0 1 4={ 4• Off.itECBK 20I08PG0747 preservation and conservation organizations. or other preservation or conservation experts, concerning the appropriateness of any activity proposcd under this casement. Grantor shall make no change or take any action subject to the approval of grantee unless expressly authorized in writing by an authorized represcnlative of thc Grantcc. 6. STANDARDS FOR REVIEW: Grantee shall apply the Standards in exercising any authority created by the Easement: to inspect the Property and those interior features specified in paragraph 3 above; to rcvicw any construction, alteration, repair, or maintenance: or to rcvicw casualty damage or to reconstruct or approve reconstruction of any building, irnprovcmcnt, or specified interior feature following casualty damage. 7. PUBLIC ACCESS: Grantor shall makc thc Properiy and any interior spacc subject to this easement accessible to thc public on a minimum of u( days per year. At other times deemed rcasonahlc by Grantor, pcnons affiliated with certain historic prescn•ation and conservation organizations, educational institutions, and professional architcnurai associations may be admitted to study the propcny. Grantee may makc photographs, drawings. or othcr representations documcnting the significant historical. cultural, and architectural character and features of the property and distribute them to magazincs. newsletters, or othcr publicly available publications, or usc them to fulfill its charitable and educational purposes. GRANTOR'S RESERVED RIGHTS 8. GRANTOR'S RESERVED RIGHTS NOT REQUIRING FURTHER APPROVAL BY GRANTEE: Subjcct to the provisions of paragraphs 2.1 and 4, the following rights. uses, and activities of or by Grantor on, over, or under the Propcny arc perm final by this Easement and By Grantee without further approval by Grantcc: a. The right to engage in all Ihosc acts and uses that : (i) arc permitted by governmental statute, ordinance, or regulation; (ii) do not substantially impair thc conservation and preservation values of the Propcny, and (iii) are not inconsistent with thc purpose of this Easement; b. Pursuant to the provisions of paragraph 2, the right to maintain and repair the Buildings strictly according to the Secretary's Standards. As used in this sub -paragraph. thc right to maintain and rcpair shall mean thc usc by Grantor of in -kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintaincd. for Ilse purpose of retaining in good condition the appearance and construction of the Buildings. The right to maintain and rcpair as used in this sub -paragraph shall not include thc right to makc changcs in appearance, materials, colon, and tvorkmanship from that existing prior to the maintenance and rcpair without the prior approval of Grantcc in accordance with the provisions ofparagraphs 4 and 5; c. The right to continue all manncr of existing use and enjoyment of the Property's Buildings, improvements, and landscaping. including but not limited to thc maintenance, repair, and restoration ofexisting fences; the right to maintain existing driveways, roads, and paths with the use of same or similar surface materials; the rights to maintain existing utility lines. gardening and building ‘valkways, steps, and garden fences; thc right to cut, remove, and clear Bass or other vegetation and to perform routine maintenance, landscaping and horticultural activities, and upkccp, consistcnt with the Purpose of this cascment; and ti � Rlvc ki g-As 1 fAfH• • Wt. rat; DA. on 07/09/2015, Ci 20H08PG0748 d. The right to conduct at or on the Property educational and non-profit activities that arc not inconsistent with the protection of the conservation and preservation values of the Property. CASUALTY DAMAGE OR DESTRUCTION: INSURANCE 9. CASUALTY DAMAGE OR DESTRUCTION: In thc event that the Buildings or any pan thcrcof shall bc damaged or destroyed by fire, flood, rain or hail stomt, windstorm, hurricane. earth movement, or othcr casualty, Grantor shall notify Grantee in writing within thiny (30) days of the darnagc or dcslnution. such notification including what, if any, emergency work has alrcady bccn completed. Grantor shall undertake no repairs or reconstruction of any type, other than temporary emergency work to prevent further damagc to the Buildings and to the Property and to protect public safety without Grantee's prior written approval. Within sixty (60) days of thc date of damage or destruction, if rcyuircd by Gr ntcc, Grantor at its expense shall submit to the Grantee a written report prepared by a qualified restoration architect or engineer, who arc acceptable to Grantor and grantee, which report shall include the following: a. An assessment of the nature and extent of the damage; b. A determination of the feasibility oflhc restoration of the Buildings and/or reconstruction of damaged or dcstroycd portions of the Buildings; and c. A report of such restoration/rcconstruction work necessary to return the Buildings to the condition existing at the data hcrrof. 10. REVIEW AFTER CASUALTY DAMAGE OR DESTRUCTION: If, after rcvicwing the report provided in paragraph 9 and assessing thc availability of insurancc proceeds after satisfaction crony mortgagcc's/lendcr's claims under 1 I, Grantor and grantee agrcc that the Purpose of the Easement will be served by such restoration/reconstruction, Grantor and Grantee shall establish a schedule undcr which Grantor shall complete the restoration/rcconstruction of the Buildings in accordance with plans and specifications consented to by the panics up to at least the total of the casualty insurance proceeds available to Grantor. If, after rcvicwing the report and assessing the availability of insurance procecds after satisfaction of any mongagee's/icnder's claims undcr paragraph 11, Grantor and Grantee agree that restoration/reconstruction, Grantor and Grantee agree that rcstoralion/rcconstruction of the Property is impractical or impossible, or agrcc that thc Purpose of the Easement would not bc served by such restoration/rcconstruction, Grantor may, with prior written consent of Grantee, alter, demolish. remove, or raze one or more ofthc Buildings, and/or construct new improvements on the Property. Grantor and Grantee may agree to extinguish this Easement in Nvholc or in pan in accordance with the laws of the State of Florida and paragraph 25 hereof. If, after reviewing thc report and assessing the availability of insurancc procccds attar satisfaction of any mortgagee's/Icnder's claints under paragraph 1 I, Grantor and Grantee arc unable to agree that the Purpose of thc Easement will or will not be served by such restoration/reconstruction. the maltcr may be referred by either party to binding arbitration and willed in accordance with the State of Florida's arbitration statute then in circcl. • • MF. Itte ll t, 20108PG0749 1 1. INSURANCE: Grantor shall kccp Property insured by an insurance company for the full replacement value against loss from perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and properly damage. Propcny damage insurance shall includc change in condition and building ordinance coverage, in ram and amount sufficient to rcplacc fully the damaged Propcny and Buildings without cost or expense to Grantor or coinsurarcc front Grantor. Such insurance shall include Grantee's interest and name Grantcc as an additional insured. Grantor shall deliver to Grantee, within tan (10) business days of the receipt of Grantee 's written request therefore, ccrtificutes ofsuch insurance coverage. Provided, however, that whcncver thc Property is encumbered with a mongagc or deed of trust, nothing contained in this paragraph shall jeopardize thc prior claim, if any, of the mortgagee/lender to the insurance proceeds. INDEMNIFICATION; TAXES 12. INDEMNIFICATION: Grantor hereby agrees to pay. protect, indemnify, hold harmless and defend at its own cost and expense. Grantcc, its agents, trustees, directors, officers, and employees, or indcpcndcnt contractors front and against any and all claims, liabilities, expanses, costs, damages. losses, and expenditures (including reasonable attomcy's fees and disbursements hereafter incurred) arising out of or in connection with injury to or death of any person; physical damage to thc Propcny, the presence or rcleasein, on, or about the Propcny, at any time, of any substance now or hereafter dcfincd, listed, or othcnvise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or other damage occurring on or about the Property, unlcss such injury or damage is caused by Grantee or any agent, trustee, director, officer, employee, or indcpcndcnt contractor of Grantee. In the event that Grantor is required to indemnify Grantcc pursuant to terms of this paragraph, thc amount of such indemnity, until discharged, shall constitute a lien on thc Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of mongagc or deed of trust given in connection with a promissory note sccurcd by the property. 13. TAXES: Grantor shall immediately pay. when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges. and other charges that may becomc a lion on thc Property unless Grantor timely objects to thc amount or validity of the assessment or chargc and diligently prosecutes an appal thereof, in which casc thc obligation hereunder to pay such charges shall be suspended for the period pcmnitted by law for prosecuting such appeal and any applicable grace period following completion of such action. In place of Grantor, Grantcc is hereby authorized, but in no cvent required or expected, to make or advance upon three (3) days prior written notice to Grantor, any payment relating to taxcs, assessments, watcr rates. sewer rentals, and other govemmcntal or municipality chargc, fine, imposition, or lion asserted against the Property. Grantcc may makc such payment according to any bill. statement, or asUcsment procured from the appropriate public office without inquiry into the accuracy ofsuch bill, staicment, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantcc, shall constitute a lien on the Property with the effect and priority as a mechanic's lien. Provided, however, that ofT REc K 20 I C8PC0750 nothing contained heroin shall jeopardize the priority of any recorded lien ofmortgagc or deed of trust given in connection with a promissory note secured by the property. ADMINISTRATION AND ENFORCEMENT 14. WRITTEN NOTICE: Any notice that either Grantor or Grantee may desire or bc required to give to the other party shall be in writing and shall be delivered by one of the following methods: one•day (overnight) courier, postage prepaid; facsimile Transmission. registered or certified mail with return receipt requested, or hand -delivery. lithe notice is sent to the Grantor, then it shall be sent to 118 SW South River Drive, Miami, Florida 33130, and. if to Grantee, then to 116 New Montgomery, 4th floor, San Francisco, CA. 94105. Each party may change its address as set forth hcrcin by a noticc to such effect to the other party. 15. EVIDENCE OF COMPLIANCE: Upon request by Grantor. Grantee shall promptly famish grantor with certification that, to thc best of Grantee's knowledge, Grantor is in compliance with the obligations of Grantor contained herein or that otherwise evidences the status of this Easement to thc extent of grantee's knowledge thereof. 16. INSPECTION: With appropriate prior noticc to Grantor. representatives of Grantee shall be permitted at all reasonable times to inspect the Property, including such interiors of Buildings that may bc protected by this Easement. 17. GRANTEE'S REMEDIES: Grantcc may, following rc.sonablc written notice to Grantor, institute suit(s) to enjoin any violation of thc terms of this easement by CT party. temporary, preliminary. and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require thc restoration of the Property and Buildings to the condition and appearance that existed prior to thc violation complained of. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. Prior to commencing any legal or equitable remedies against Grantor available to Grantee under this agreement, Grantee shall first submit any such dispute or claim to mediation in accordance with the rules and procedures promulgated by the Florida Supreme Court for the Florida Bar, to be paid at the expense of the Grantor, the results of which may be binding upon the parties. In thc event Grantor is found to have violated any of its obligations, Grantor shalt reimburse Grantee for any costs or expenses incurred in connection with Grantee's enforcement of the terns of this Easement, including but not limited to all reasonable court costs, and attorneys, architectural, engineering, and or expert witness fees. Exercise by Grantee of one remedy hereunder shall not have thc effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting any other remedy at any other time. 18. NOTICE FROM GOVERNMENTAL AUTHORITIES: Grantor shall deliver to Grantee copies of any notice of violation or lien relating to the Propcny received by Grantor from any governmental authority within five (5) days of receipt by Grantor. Upon request by Grantee. Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice or lien where compliance is required by law. 19. NOTICE OF PROPOSED SALE: Grantor shall promptly notify Grantee in writing of any proposed sale of the Property and provide tl:c opportunity for Grantee to explain thc terns of the Easement to potential new owners prior to salt closing. It• tp LZ ���`f�Vi2t �, OFT. NC IX 20108PG0751 20. LIENS: Any lien on the Property created pursuant to any paragraph of this Eascmcnt may be confimtcd by judgment and forocloscd byGrantcc in the same manner as a mechanic's lien. except that no lien created pursuant to this Easement shall jccpardizc the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory not sccurcd by the Property. BINDING EFFECT; ASSIGNMENT 21. RUNS WITH THE LAND: Exccpt us providcd in paragraphs 10 and 25, thc obligation imposed by this Eascmcnt shall bc effective in perpctuily and shall be dccmal to run as a binding scrvituJc with the Property. This cascmcnt shall extend to and be binding upon Grantor and Grantee, their rcspcctivc successors in interest and all persons hereafter claiming under or through Grantor and Grantce, and the words "Grantor" and "Grantee" when used herein shall includc all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and thc word "Grantee" shall includc all such successors and assigns. Anything contained herein to thc contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owncr shall cease to have any ownership interest in the Property by rcason of a bona fide transfer. The restrictions, stipulations, and covenants contained herein in this Eascmcnt shall bc inserted by Grantor, vcrbatin orbycxpress rt:fcrcnec. in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part thereof, including by way of example and not limitation, a Icasc of all or a portion of the Property. 22. ASSIGNMENT: Grantee may convey, assign. or transfer this Eascmcnt to a unit of federal. state, or local government or to a similar local, state, or national organization that is a "qualified organization" under Section 170(h) of the Internal Rcvenuc Code whose purposcs. inter alit:, arc to promote the preservation or conservation o f historical, cultural. or architectural rcsources, providcd that any such com'eyancc, assignment, or transfer rcquircs that the Purposc for which thc Easement was granted will continue to bc carried out. 23. RECORDING AND EFFECTIVE DATE: Grantee shall do and perform at its own cost all acts nccessary to the prompt recording of this instrument in the land records of Miami -Dade County, Florida. Grantor and Granlcc intcnd that thc restrictions arising under this Eascmcnt take effect on the day and year this instrument is recorded in the land records of Miami -Dade County, Florida. PERCENTAGE INTERESTS; EXTINGUISHMENT 24. PERCENTAGE INTERESTS; For purposcs of allocating proceeds pursuant to paragraphs 23.3, Grantor and Grantee stipulate that as of the date of this Easement, Grantor and Grantee are cacti vcstcd with real property intcresu in the Property and that such interests have a stipulated percentage interest in thc fair market value of the Property. Said percentage interests shall be determined by thc ratio of thc value of the Eascmcnt on the effective data of this Easement to the value of the Property, without deduction for thc value of the Easement. on thc effective date of this Easement. The values on the effective date of the Easement shall bc those values used to calculate the deduction for federal income tax purposcs allowable by rcason of this grant, pursuant to C •;5 „Y �crsP- 2010BPG0752 Section 170(h) of the Internal Revenue Code. The parties shad include the ratio of those values with the Baseline Documentation (on file with Grantor and grantee) and shall amend such values, if -necessary, to reflect any final determination thereof by the Internal Revenue Service or a court of competent jurisdiction. For purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant, and the percentage interests of grantor and Grantee in the fair market value of the Property thereby determinable shall remain constant, except that the value of any improvements made by Grantor after the effective date of this Easement is reserved to the Grantor. 25. EXTINGUISHMENT: Grantor and grantee hereby recognize that circumstances may arise that may make impossible the continued ownership or use of the Property in a manner consistent with the Purpose of this Easement and necessitate extinguishment of thc Easement. Such circumstances may include, but arc not limited to, partial or total destruction of the Buildings resulting from casualty. Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Property (or any other property received in connection with an exchange or involuntary conversion oldie Propeny) after such termination or extinguishment, and after the satisfaction of prior claims and any costs or expenses associated with such sale, Grantor and grantee shall share in any net proceeds resulting from such sale in accordance with their respective percentage interests in the fair market value of the Property, as such interests arc determined under the provisions of paragraph 24, adjusted if necessary, to reflect a partial termination or extinguishment of this Easement. All such proceeds received by Grantee shall be used by Grantee in a manner consistent with Grantee's primary purposes. Net proceeds shall also include, without limitation, net insurance proceeds. In the event of extinguishment, thc provisions of this paragraph shall survive extinguishment and shall constitute a lien on the Property with the same effect and priority as a mechanic's lien, except that such lien shall not jeopardize the priority of any mortgage or deed of trust given in connection with a promissory note secured by the Property. 26, CONDEMNATION: Ilan or any pan of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in Iicu of a taking, Grantor and grantee shall join in appropriate proceedings at the time of such taking to recover the full value of those interests in the Property that are subject to thc taking and all incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of expenses reasonably incurred by Grantor and Grantee in connection with such taking, Grantor and gantee shall be respectively entitled to compensation from thc balance of the recovered proceeds in conformity with the provisions of paragraphs 24 and 25, unless otherwise provided by Iaw. INTERPRETATION 27. INTERPRETATION: Thc following provisions shall govern the effectiveness, interpretation, and duration of the Easement: a. Any rule of strict construction designed to limit thc brcdth of restriction on alienation or use of Property shall not apply in the construction or interpretation of this j. . • Y: merit_'•!::• .s:�:xki1.. 67. ltfe ff. 20108PG0753 Easement. and this instrument shall bc interpreted broadly to effect its Purposc and the transfer of rights and the restrictions on use herein contained. b. This instrument may be executed in two counterparts, one of which may be retained by Grantor and the other, after recording. to bc retained by Grantee. In thc event of any disparity between the counterparts produced, the recorded counterpart shall in all cases govern. c. This instrument is made pursuant to the Act, but the invalidity ofsuch Act, but the invalidity of such Act or any pan thereof shall not affect the validity and enforceability of this Easement according to its terms, it being the intent of the parties to agree and to bind themselves, their successors, and their assigns in perpetuity to each term of this instrumcnt whether the instrument be enforceable by reason of any statute. common law, or private agracment in existence either now or hereafter. The invalidity or unenforccability ofany provision of this Instrument shall not affect the validity or enforceability ofany other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter thereof d, Nothing contained herein shall bc interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee ofsuch conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this Easement and such ordinance or regulation. c. To the extent that Grantor owns or is entitled to development rights which may exist now or at some timc hereafter by reason of the fact that under any applicable zoning or similar ordinance the Property may be developed to a more intensive use (in terms of height, bulk, or other objective criteria related by such ordinances) than thc Property is devoted as of the date hereof, such development rights shall not be exercisable on. above, or below thc Property during the tcmh orate Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the Purpose of this Easement. f. To thc extent that any action taken by grantee pursuant to this Easement gives rise to a claim of breach of contract, Grantor and Grantee agree that thc sole remedy on the part of the grantor shall be reimbursement of actual direct out-of-pocket expenses reasonably incurred by Grantor as a result of such breach and that grantor shall not have any right to indirect, consequential, or monetary damages in excess of such actual direct out-of-pocket expenses. AMENDMENT 28. AMENDEMENT: If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this Easement, provided that no amendment shall bc made that will adversely affect thc qualification of this Easement or the status of the Grantee under any applicable laws, including Sections i 70(h) and 50l(c)(3) of the Internal Revenue Code and the laws of the State of Florida. Any such amendment shall bc consistent with the protection of the conservation and preservation values of the Property and the Purpose of this Easement; shall not affect its perpetual duration; shall not permit additional residential and/or commercial development on the Property other • Off. in ot{, 20 ( 08PG0754 than the residential and/or commercial development permitted by this Easement on its effective date; shall not permit any private inurement to any person or entity; and shall not adversely affect the overall historical, architectural, natural, or cultural values protected by this Easement. Any such amendment shall be recorded in the land records of Miami -Dade County, Florida. Nothing in this paragraph shall require grantor or grantee to any amendment or to consult or negotiate regarding any amendment. ENDOWMENT 29. ENDOWMENT: Grantor agrees to assist the Grantee in the establishment of an Endowment, benefiting this Property and in favor of thc Grantee, through a one-time giR to thc Grantee of S 10,000.00. The Endowment shall serve the sole purpose of ensuring that adequate resources are available to the Grantee for regular and, at a minimum, annual inspection of the conditions of the Property during the existence of this Easement and to ensure thc Grantee's ability to comply with any other conditions fulfilling the Purposes of the Easement and contained herein. The Gmntce shall manage or invest the Endowment in such a manner that reasonably assures that the Endowment is perpetually maintained for the benefit of the Property. THIS EASEMENT reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless sct out in this instrument. TO HAVE AND TO HOLD, the said Preservation and Conservation Easement, unto the said Grantee and its successors and permitted assigns forever. This DEED OF PRESERVATION AND CONSERVATION EASEMENT may be executed in two counterparts and by each party on a separate counterpart, each of which whcn so executed and delivered shall be an original, but both of which together shall constitute one instrument. IN WITNESS WHEREOF, Grantor and Granter have set their hands under scal on the day(s) and year sct forth below. The foregoing instrument was acknowledged bcforc me this z 4vevt.b-tr, 2001_, by Si. a/c Gr J.,s' , as 5c(. f s,r,/ Grantor, R.S. Goiu-c, a limited liability corporation offhc on behalf of said corporation. S/He (notary choose onc): (o)1s personally known to me, or [ ] has produced identification. Prepared by: Christopher R. Eck, Esquirc Miami -Dade Oflicc of Historic Preservation 140 West Flagler Street, Suite 1 102 Miami, Florida 33130 Sr - day of n^F�, bit of State of Florida, e5LY _ icracu4sT or arro�io� SMIIIMIN WNW canIrti or n rr uaa�pOMR 11. Otf.lift BK. 20I08PG0756 EXHIBIT A Property Description Submitted into the public Record for item(s) PZ. 4 a) U 0 u; 0 N 0 n 0 0 Bff. REC BiS. 20108PG0757 Boundary Description of KC Zoning District: Lots 1, 2, 3, 4, 15, 16, 17, and 18, less the Northerly 5 feet of Lots 3 and 4, of Block 18 of the plat of CITY OF MIAMI SOUTH, as recorded in Plat Book "B" at Page 41, of the Public Records of Dade County. Florida; together with that unplatted parce1 of land fronting on the west bank of the Miami River, extending approximately 100 feet South of the S. W. 3 Street bridge, between the Miami River and S. W. South River Drive, further described as follows: Beginning at the point where the South line of 13 Street (now called S, W. 1 Street) as shown by the Map of Miami, Dade County, Florida, recorded in Plat Rook "8" at Page 41. Public Records of Dade County, Florida, produced Easterly intersects the United States Harbor Line on the Westerly side of the Miami River; thence Northwesterly along said United States Harbor Line a distance of 15.5 feet more or less, to the South side of the S. W. 1 �treet bridge as now constructed; thence with a deflection angle of 68 5S'43", more or less, to the left run along said South side of the S. W. 1 Street bridge as now constructed a distance of 35.58 feet more or less, thence continuing along said South side of the 5. W. 1 Street bridge as now constructed along the arc of a curve to the right, haying a radius of 889.92 feet, more or less, and a central angle of 03 30 I8" more or less, a distance of 54.44 feet, more or less. to a point on the said South line of 13 Street (now called S. W. 1 Street) produced Easterly; thence East along said South line of 13 Street (now called S. W. 1 Street) produced Easterly a distance of 96.91 feet, more or less, to the paint of beginning. Being the same property conveyed to the grantor and her deceased husband by the City of Miami by Quit Claim Deed dated April 21, 1931 and recorded in Deed Book 1442 at Page 303 of the Public Records of Dade County, Florida; and beginning at a point where the North line of Lot 3 of Block 18 South, according to Knowlton's Plat of Miami, Florida, produced East Intersects the Easterly boundary of South River Street; thence Southerly along said Easterly 1 ine of South River Street to a point where a line drawn east and west through the center of Lot 2 if produced East intersects the Easterly line of South River•4treet; thence Easterly along said center line of Lot 2 produced east to' the 'low mark of Miami River; thence Northerly along said low water line to a point where the North line of said Lot 3 produced east would intersect said low water line; thence Westerly along said line produced East to point of beginning; with all submerged land between this tract and the channel of the Miami River, together with all riparian rights. LESS that portion thereof conveyed to the City of Miami by deed dated February 6, 1931, recorded in Deed Book 1445 at Page 524 of the Public Records of Dade County, Florida, and also less that portion dedicated to the City of Miami by deed dated March 26, 1935, recorded in Deed Book 1622 at Page 342 of the Public Records of Dade County, Florida. HC Zonint C1ass ification : Historic District •r . j• �C�.TASu illtowobasram. fed brcocio wow NAR VEY Rum -2- IXuormaddroxor• Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Alvarez, Ana From: Miami Legals [MlamlLegals@alm.00m] Sent: Wednesday, February 18, 2015 11:59 AM To: Trujillo, Vanessa Cc: Schmitt, Megan; Novaes, Marina; Logan, Trisha; Alvarez, Ana; Zamora, Olga; Hwa, Christine; Trevino, Melissa; Gray, Lakisha; Kennedy, Kimberly (Kim); Alfonso, Jessica Subject: RE: HEPB Ad 3-3-15 Ad No. 22304 RECEIVED THANKS Maria Mesa Senior Legal Clerk/Legal Notices Daily Business Review 1 SE Third Ave., Suite 900 Miami, FL 33131 305.347.6613 305.347.6636 Download the complimentary DBR app: http://at.law.com/DAILYBUSINESSREVIEWapp From:. Trujillo, Vanessa[mailto:VTrujillo(cmlamlgov.com] Sent: Wednesday, February 16, 2015 11:56 AM To: Miami Legals Cc: Schmitt, Megan; Novaes, Marina; Logan, Trisha; Alvarez, Ana; Zamora, Olga; Hwa, Christine; Trevino, Malissa; Gray, Lakisha; Kennedy, Kimberly (Kim); Alfonso, Jessica Subject: RE: HEPB Ad 3-3-15 Ad No. 22304 Importance: High Good morning: Please advertise the attached AD on Friday, February 20, 2015. Please provide the cost of the AD and send proof via E-Mail. Also, please send invoice as soon as the ad Is published. The cost of thls AD will go against our Account #38568. if you have any questions please call or email me at 305-416-2032 or vtrulilloamlamigov.com. AD NO, 22304 Thank you'll Vanessa Trujillo, Administrative Assistant I Planning and Zoning Department, Hearing Boards Section City of Miami 305.416,2032 1 - Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1 CITY OF MIAMI NOTICE OF PUBLIC HEARING A public hearing .will be held before the Historic and Environmental Preservation Board as follows: Date: Tuesday, March 3, 2016 • Time: 3:00 PM • Place: City Hall, 3500 Pan American Drive Petition for: Flle ID 15-00221 APPROVING OR DENYING THE REMOVAL OF THE PARCEL LOCATED AT 109 SW S RIVER DR FROM THE SOUTH RIVER DRIVE HISTORIC DISTRICT. *See Reverse Side For Easy Opening Instructions* City of Mlaml Planning and Zoning Department, Hearing Boards Section 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 http://www. m lam I g ov. c o m/h a arl n g_b o and s/ RETURN SERVICE REQUESTED fb 8 IN Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk City of Miami - Zoning Application Use Maohm lc* to to ectpsruls Irorn the up • -- hltp://mapsriilainigis,can/mlainizoningslte/ Pngo l of 1 ' 2/ 13/2015 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk • i• p de.' ,r 1,, ( HISTORIC RESOURCE NOMINATION r SITES, DISTRICTS, AND ARCHAEOLOGICAL RESOURCE . j 109 5. i. 6.0Ph% r?1' r Or• RESOURCE ADDRESS • -E0,.'7aoaI 0 OWNER'S N 1 ?Os c.,tv. Mr OWNER'S ADDRESS, CITY, STATE, ZIP CODE • APPLICANT'S NAME (IF 'TER THAN OWNER} OWNER E-MAIL MAIM tre. Jr :f�� (IF KNOW ; Wit, lll� cij67. cool .?0 '= ? "' '(376 APPLICANT'S DAYTIME PHONE NUMBER APPLICANT'S ADDRESS, CITY, STATE, ZIP CODE Al A APPLICANT'S EMAIL DATE OF CONSTRUG''f(ON /SIGNIFICANCE ARCHITECT %BUILDER (IF APPLICAHLE) BRIEF STATEMENT OF WHY TH((PROPOSEIDRESOURCE IS ELIGIBLE POR HISTORIC DESIGNATION:'(How does the resource have significance In the hlstorloal, cultural archaeological, paleontological, aesthedc, or architectural iserltago Odle dty, state, or nation, end how dose Itpoasa$S Integrity of design, eettIng, materials, workmanship, fading, and association? A more detailed (Aatemarrtis required as en -attachment,)• ��Vfeytlt�. j t�" �. A • 5a d•� lam, Imo,, A✓1� �'j�•c4 I �� 1 � I �p ��f �� e ` �y9�t'If�') l°SS t/1)/+7 ceeyifr d"a s/► ed b014 r ��� Cr? � I'3�i,a4►t , � � t.s'h,1� aS �1� 01'd /Y1-4v1: 5 p , .:h . 1 Cv1 vt,11we �• e te5u t' VatcY4 t rye • WIWI* f NOTE( A COMPLETE CHECKLIS9' AND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE ON FOLLOWING PAGE APPLICANT ATTESTATION: I CERTIFY THAT ALL INFORMATION PROVIDED IN THIS APPLICATION IS CORRECT. SIGNATU tCANT DATE )6' POR STAFFUSE tJNLYI FILEDAS : j • DATE RECEIVED _ STAFF INITIALS DATE OF I.IEPII MEETING ACTION TAKEN RESOLUTION it Updated Oi5/764, Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Little Havana NEr .Celso Ahumada, Administrator 151 NW 27t Ave Miami, FL 33126 Dade Heritage Trust Becky Roper Matkov, President/CEO 190 SE 12th Terrace Miami, FL 33131 Updated per.revlsed list of 6/.19/13._—___.. The Honorable Frank Carollo District 3 3500 Pen American Drive Miami, FL 33133 Spring Garden CIvIo Association Eileen Merclal Broton, President 851 NW 10th Ct, Mleml, FL 33136 MANNY SEAFOOD CORPORATION 1365 SW 19 ST MIAMI, FL 33146 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk River Plaza Corp 250 NE 25th St Ste 201 Miami, FL 33137-5044 My Real Estate Holdings LLC Trs 13943 SW 140th St Miami, FL 33186-5525 South River Warehouse LLC 848 8rickell Key Dr Apt 4404 Miami, FL 33131-3730 Manny Seafood Corp 1365-SW 19th St Miami, FL 33145-2916 Jose Alonso & W Marla 137 SW 5th Ave Miami, FL 33130-1320 Julio Interian & W Clara 450 E S1st St Hialeah, FL 33013-1543 Luis Castillo & W Nlralda 755 NW 17th PI Miami, FL 33125-3516 `Rlo_C.ristal_Condo.Assn Raymond Stucker, R,A. 453 SW 2nd St Apt 402 Miami, FL 33130-1442 City Of Miami Dept Of P & D Asset Management Division 444 SW 2nd Ave Ste 325 Miami, FL 33130-1910 City Of Miami Garcia Bro Asset Management Division 444 SW 2nd Ave Ste 325 Miami, FL 33130-1910 Tekrab Holdings LLC 19 W Hagler St Ste 1212 Miami, FL 33130-4431 Miami River Inn Holdings. LLC 119 SW 6th Ave Apt 803 Miami, FL331.30-1549 12 River Key Group LLC 445 SW 2nd St Miami, FL 33130-1441 Rosa Izquierdo 7939 Long Ave Skokie, IL 60077-2718 Carlos Aleman, R.A. Rio Gardens Association Inc. 444 SW 2nd St Apt 7 Miami, FL 33130-1459 Galiano Condo Association Gabriel Requena, president 498 SW 2 Street Miami FL 33130 Order No. 150119 Location: 109 SW S River Drive Total labels without repetition: 27 Neo.lofts-Condo.Assn Hope Davis, president 10 SW South River Dr Miami, FL 33130-141.3 Miami Riverview Condo Assn. Nerta Rodriguez Pres. director 1430 NW 15 Ave Miami FL 33125 My Real Estate Holdings LLC Trs C/0 Sanchez Galarraga P A 115 Land Tr 1313 Ponce De Leon Blvd #301 Coral Gables, FL 33134-3343 Manny Seafood Corp 135 SW S River Dr Miami, FL 33130-1418 City Of Miami 444 SW 2nd Ave Miami, FL 33130-1910 Miami Hispanic Ballet Corp 111 SW 5th Ave Miami, FL 33130-1320 Angel Ruvalcaba & W Nancy 3030 SW 93rd Ct Miami, FL 33165-3149 Morsa Holdings LLC 141 Almeria Ave Coral Gables, FL 33134-6008 River Plaza II Corp 425 NE 22nd St Ste 301 Miami, FL 33137-5181 Malvin Garnett Neo View Condo Assn, Inc 437 SW 3 St., #4 Miami FL 33130 Miami Riverview Condo Assn. 400 SW 2 Street Miami FL 33130 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk HRPB - Notice's Report of Public Hearing DP#: 22304 Hearing Date: 03-03-2015 Advertisemehb Friday, 0Z/20/15 Attached: 0 Cases In Agenda • Notices Q City Information Q Lu Policy Net Q Property Owner List within SDO-Foot Q Other Notes: Item #13 ID 15.00064 - Continued from 02/3/15. Item Tr,4 Case IDft Address Lu Policy Net D Applicant's Property Owner Number LU PNet 500 foot Melled by. Mailed oate/rtmo 3 15-00221 109 SW S River Drive Utile Havana 3 Manny Seafood Manny Seafood 4 27 mano2.ta•15 V1•]a•l> 6.15pm V1.1e'15 6.15pm U41)Y15 6.15pm 7 16-00210 621 NE 66 Street Upper Snide 2 P.Morates P,Morales 16 WA amen 15 15-00218 713 NW 7 ST Road Overtown 5 E.Franco E.Pronco 11 N/A amen. 4 13-00246b 8200 Biscayne Blvd Upper Eelde 5 T.Gluck eliya•Gluck, LLC 16 N/A amen 5 15-00208 583 NE 87 Street UpperEalde 5 D.B.Lewls 563 NE 675T, lir 16 N/A amen °`-3e-lb 6.13pm V1-1tl.i> .0.15pm volv15 6.15pm 6 15-00209 6610 NE 5 Av Upper Eaide 2 J, DI Bernardo J. DI Bernardo 16 WA amen 11 15-00212 712 NE 72 Street Upper Eeldo 5 M,E cobar Sebastian 1 rem 16 WA amen , 12 16-00608b 860 NE 68 Street Upper Eelde 5 Village an.hanns 660 NE 68 ST, i I r 16 N/A amen 1.1L1." 6.1epm 111'1V,17 6.15pm Ul-1e�1> 6.15pm 1 16-00062a 266 NE 19 ST end 1836 Biscayne Blvd Wynwood 2 Ryen Bnlllma Plfteen1836 nk,,,,,,,p 4 N/A Liman 14 04-01188b 4040 NE 2 Ave Little Haiti 5 Village Arrheeee. Deem DeeDesign Mnnre l I r 14 N/A amen a 16-00207 649 NE 60 Street. Upper Eelde 2 K. Remudo K. Remudo 36 WA omen 6.1.5pm 9 15-00208 5701 N Beyshore Dr Upper Eelde 2 Richard Ron,, hnrun LMorrelil 16 WA amen UL•le,l> 6.15pm V1-111-1> 6.18pm 10 15-00214 7101 NE 10 Ave Uppor Eaide 5 Raphael Levy, Norm rrasoQu Rayviow Estate 16 WA amen 2 15-00204 2100 S Mleml Avo coral Way 2 Doraas,na, LBones miler LLC 15 WA a r V1-1Y-1> 6.15 m 10/24/2014 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk LEGAL NOTICE CITY OP MIAMI ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES IS REQUIRED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. A COPY OF THE APPLICABLE ORDINANCE IS AVAILABLE IN:THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. AT ITS MEETING ON TUESDAY, MARCH 3, 2016 AT 3:00 PM, AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD WILL CONSIDER THE FOLLOWING: File ID 15-00052a SPECIAL CERTIFICATE OF APPROPRIATENESS .FOR CONCEPTUAL APPROVAL OF THE INCORPORATION OF A NATIONAL REGISTER LISTED BUILDING THAT IS ELIGIBLE TO. BE DESIGNATED AS A LOCAL HISTORIC RESOURCE INTO A NEW DEVELOPMENT PROJECT AT 1836 BISC BLVD. File ID 15-00204 SPECIAL CERTIFICATE OF APPROVAL FOR ALTERATIONS TO AN EXISTING CORAL ROCK WALL LOCATED WITHIN A SCENIC TRANSPORTATION CORRIDOR AT 2100, 2110, 2120, 2130 AND 2140 S MIAMI AV. File ID 15-00221 REMOVAL OF THE PARCEL LOCATED AT 109 SW S RIVER DR FROM THE S RIVER DR HISTORIC DISTRICT. FIIe ID 13-00246b SPECIAL CERTIFICATE OF APPROPRIATENESS FOR AN EXTERIOR RESTORATION OF THE RESTAURANT SPACE AT 6200 BISC BLVD. File ID 15-00206 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE EXISTING DRIVEWAY, INSTALLATION OF NEW PAVERS AND EXTERIOR ALTERATIONS AT 663 NE 67 ST. Flle ID 15-00209 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR A NEW FENCE AT THE SIDE YARD AND ALTERATIONS TO THE EXISTING DRIVEWAY PAVING MATERIAL AT 5610 NE 5 AV. Flle ID 16-00210 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF A NEW DRIVEWAY PAVING MATERIAL AT 521 NE 55 ST. Flle ID 15.00207 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR ALTERATIONS AND INSTALLATION OF A NEW DRIVEWAY PAVING MATERIAL AT 649 NE 56 ST. Flle ID 16-00208 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR AN ADDITION AND EXTERIOR ALTERATIONS AT 5701 N BAYSHORE DR. File ID 15.00214 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION OF A SINGLE-FAMILY HOME AND LANDSCAPING AT 7101 NE 10 AV. File ID 16-00212 SPECIAL CERTIFICATE OF APPROPRIATENESS. FOR NEW CONSTRUCTION OF TWO ADDITIONS AT PROPERTY'S REAR AND ROOF LINE MODIFICATION AT 712 NE 72 ST. FIIe ID 15-00506b SPECIAL CERTIFICATE OF APPROPRIATENESS FOR LANDSCAPING AND DRIVEWAY AT 660. NE 68 ST. File ID 04-01168b SPECIAL CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR ALTERATIONS AT 4040 NE 2 AV. Flle ID 15-00218 SPECIAL CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF A CONTRIBUTING RESOURCE, AND NEW CONSTRUCTION OF A SINGLE-FAMILY HOME AT 713 NW 7 ST RD. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 6 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Novaes, Marina From: Schmitt, Megan Sent: Tuesday, March 03, 2015 10:03 AM To: Manny Prieguez Cc: Novaes, Marina; Rafael E. Andrade; Logan, Trisha; Trujillo, Vanessa SubJect: RE: 109 S.W. South River Dr. Good morning Manny, Thank you for your email. We will let the Board knowthat you have requested that the item be continued until the May 5th agenda. We will follow up with you In a few days to flrm up the details. Thank you. Kind regards, Megan ---Original Message ---- From: Manny Prleguez [mailto:manny@mmslobby.com] Sent: Tuesday, March 03, 2015 9:42 AM To: Schmitt, Megan Cc: Novaes, Marina; Rafael E. Andrade SubJect: 109 S.W. South River Dr. Megan, Good morning. By way of this email, I would like toformally request that my Item ( removal of 109 S.W. South River Dr, from South River Drive Historic District ) for today's HEPB meeting be continued/deferred until your May meeting. Thanks so much and please confirm receipt of this email, Manny Manny Prleguez Managing Partner Miami Municipal Strategies 4000 Malaga Ave. Miami, FI, 33133 305-345-9070 cel 305-443-2659 fax 1 Submitted into the public Record for item(s) P7.4 on 07/09/2015, City Clerk 7 submitted into the public Record for item(s) PZ. 4 nn 07/09/2015, City Clerk Schmitt, Megan From: Manny Prieguez <manny@mmslobby.com> Sent: Wednesday, March 25, 2015 1:22 PM To: Schmitt, Megan Subject: Re: Miami River Inn Easement Megan, Hey I Hope all is well with you too. I am aware of the easement and I have engaged with the folks at the Florida Trust to have it removed. In my opinion, and in the opinion of lawyers i have polled, the easement is irrelevant. It's irrelevant because It Is a conservation easement wholly directed at the structure that used to exist on the property. If anything, when HEPPB gave the ok to have the structure demolished, this easement was, I guess, violated ? The purpose of the easement, just to reiterate was to CONSERVE the structure that was demolished. The previous -previous owner of this property, failed on many fronts, in my honest opinion. Manny On 3/25/15 1:02 PM, "Schmitt, Megan" <MSchmitt(miamigov.com> wrote: Dear Manny, I hope that all Is well with you. This easement came to my attention a few days ago. It appears to Impact your property at 109 SW S River Drive so I thought I would forward It in case you have not seen It. The City is not a party so my office can't really get Involved, but please let me know if you have any questions and I will do my best to assist. Thank you. Kind regards, Megan Megan Cross Schmitt City of Miami Planning & Zoning Department Preservation Officer 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 305.416.1416 mschmitt(a mlamleov.com Manny Prieguez Managing Partner 1 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Miami Municipal' Strategies 4000 Malaga Ave. Miami, FI.33133 305-345-9070 cel 305-443-2659 fax Submitted into the public Record for item(s) PZ. 4 on QZ 09 2015, City Clerk 8 Submitted into the public Record for item(s) PZ. 4 on 07 09 2015, City Clerk Schmitt, Megan From: Novaes, Marina Sent: Thursday, April 02, 2015 9:33 AM To: Manny Prieguez CC Schmitt, Megan; Logan, Trisha Subject: RE: Request Ok, thanks. You Item will be placed on the May's agenda. From: Manny Prieguez [mailto:manny@mmslobby.comj Sent: Thursday, April 02, 2015 9:31 AM To: Novaes, Marina Cc: Schmitt, Megan Subject: Re: Request We are moving forward with it. Thanks. Manny PS. Please confirm receipt of this email. Sent from my iPhone On Apr 2, 2015, at 9:04 AM, Novaes, Marina <mnovaes (miamigov.com> wrote: HI Manny, I hope you're well. We will need to know If you are going to proceed with your application to remove your parcel from the South River Drive Historic District or withdraw the application. As you know, the item was continued to the May HEPB hearing, since the deadline for the May's hearing is tomorrow, you will need to either proceed with the application or officially withdraw your it. To withdraw, all you need to do is write an e- mail to Megan, if you like to proceed, Just let me know so we can add your item to the agenda. Thank you, Marina From: Manny Prieguez [mailto:mannv@mmsiobby.coml Sent: Thursday, March 26, 2015 9:22 AM To: Schmitt, Megan Cc: Novaes, Marina Subject: Re: Request What service I My tax dollars at work. (I live in Coconut Grove ; ) Manny 1 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk On 3/26/15 9:20 AM, "Schmitt, Megan" <MSchmittpKniamgov.com> wrote: Dear Manny, Marina is out on vacation but I've attached the resolution per your request. Please let me know if you need anything further. Thank you, Megan Megan Cross Schmitt City of Miami Planning & Zoning Department Preservation Officer 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 305.416.1416 mschmitt(miamIRov.com <mschmitt@miamigov.com> Please be aware that the Preservation Office has recently changed how applications for the Historic and Environmental Preservation Board (HEPB) are accepted. All applicants are now required to make an in -person appointment with Hearing Boards Liaison Vanessa Trujillo to officially submit their 13 packets. If you Intend to take a protect before the HEPB, please contact her at vtrullllo@mlamilov.conl <mallto:vtrullllo@miamigov.com> or at (305)416-2032 to set up a meeting. ----Original Message --- From: Manny Prleguez jmailto:mannvpmmslobby.com] Sent: Thursday, March 26, 2015 8:16 AM To: Novaes, Marina Cc: Schmitt, Megan Subject: Request Marina, Hope your well. Could you please provide me a copy of the Certificate of Appropriateness that was approved by the board for the demolition of the structure at 109 S.W. South River Dr. ? If you could by email that would be great. Thanks I Manny Manny Prieguez Managing Partner Miami Municipal Strategies 2 4000 Malaga Ave. Miami, Fl. 33133 305-345-9070 cel 305-443-2659 fax Manny Prieguez Managing Partner Miami Municipal Strategies 4000 Malaga Ave. Miami, FI. 33133 305-345-9070 cel 305-443-2659 fax 3 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 9 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET NAME South River Drive Historic District ADDRESS 109 SW South River Drive PROJECT DESCRIPTION Application for a Certificate of Appropriateness for the complete demolition of the subject property and for the construction of a new building on the property. ANALYSIS The building at 109 SW South River Drive is a contributing property within the South River Drive Historic District. This two-story frame house was built in 1926 and is currently In a dilapidated condition. The building is owned by the Miami River Inn and was originally slated to be rehabilitated and used for a restaurant. In fact, a Certificate of Appropriateness was issued for the rehabilitation of and addition to the house. Due to a number of circumstances, these plans were not realized. The Clty has instructed the owner to either repair or demolish the building. After consultations with many professionals, the owner has not been able to create a feasible plan for rehabilitation. Thus, the Clty of Miami's Chief of Unsafe Structures has filed this application to gain approval for the demolition of the building. As stated in the City of Miami's Historic Preservation ordinance, when considering applications for Certificates of Appropriateness Involving demolition, the Board shall consider the following criteria: 1) The degree to which the structure contributes to the historic and/or architectural significance of the historic site or district; 2) Whether the loss of the structure would adversely affect the historic and/or architectural Integrity of the historic site or district; 3) Whether architectural plans have been presented to he board for the reuse of the property if the proposed demolition were to be carried out, and the appropriateness of said plans to the character of the historic site or district, if applicable; 4) Whether the structure poses an Imminent threat to public health or safety; 5) Whether the applicant has demonstrated that the retention of the structure would create an unreasonable or undue economic hardship; 6) Whether there is a compelling public Interest requiring the demolition. Based upon the report presented by the Chief of Unsafe Structures, it appears that criteria 4 may have been met. Although many potentially unsafe and deteriorated properties can be successfully rehabilitated, the building materials and proposed change of use from single family to commercial make consideration of rehabilitation extremely difficult. Item #5 May 20, 2003 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk RECOMMENDATION The applicant has submitted plans for a new structure on the site, in compliance with criteria 3. As stated in the City of Miami's Historic Preservation Ordinance, when considering applications for Certificates of Appropriateness Involving new construction, the Board shall consider the following: ...the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, Including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall hlstorlc site or historic district...decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation". The new building is very well designed, and presents a creative solution as it relates to the shape of the lot and the proposed restaurant use. The proposed entrance to the building, which features a pergola, and the manner In which the building opens to the Miami River are both noteworthy. The design Is consistent with the character of the historic district in terms of form, height and scale; however, the design is incompatible with the historic district in terms of style, rhythm and pattern of window and door openings, ornamentation, complexity, etc. The proposed design presents a building that Is very complicated and visually stimulating In a district comprised of very simple vernacular buildings. Although the proposed building Is located across the street from the other buildings in the historic district and could therefore accommodate some distinction in style, the contrast is too great. It should also be noted that no parking has been provided, thus requiring a variance. The Board may wish to make a recommendation to the Zoning Board on the variance. The Preservation Officer recommends that the application for a Certificate of Appropriateness be continued so that the applicant can present revised architectural plans for the new construction which are more compatible with the character of the historic district. Staff further recommends that the Board provide the applicant with specific guidance as to which aspects of the design need to be altered to secure approval. Finally, staff further recommends that the Board discuss whether demolition criteria 4 would likely be met if a revised design for the new building is submitted. Item #5 May 20, 2003 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk RESOLUTION NO. HEPB-2003-31. A RESOLUTION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEP BOARD") OF THE CITY OF MIAMI, FLORIDA, APPROVING AN APPLICATION . FOR A CERTIFICATE OF 'APPROPRIATENESS SUBJECT TO THE • FOLLOWING CONDITION, FOR THE COMPLETE DEMOLITION OF THE PROPERTY LOCATED •AT 109 SW SOUTH RIVER DRIVE, LOCATED WITHIN THE SOUTH RIVER' DRIVE. HISTORIC 'DISTRICT, AFTER • FINDING THAT DEMOLITION CRITERIA #3 AND #4 .OF. CHAPTER .23 OF THE MIAMI CITY CODE HAVE BEEN MET, AND FURTHER FINDING THAT THE PROPOSED NEW ,CONSTRUCTION IS CONSISTENT WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE HISTORIC DISTRICT. • • ' • 1. Archeological monitoring of ground disturbing activities shall be provided, subject to the requirements of the Dade County Archeologist. PASSED AND ADOPTED THIS 20TH DAY OF MAY, 2003. SARAH EATON PRESERVATION OFFICER RAI FERNANDEZ CHAIRMAN Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 11 Submitted into the public Record for item(s) PZ. 4 on 07/09 2015, City Clerk HISTORIC RESOURCE NOMINATION SITES, DISTRICTS, AND ARCHAEOLOGICAL RESOURCES 109 5. 1n/. t I ver- ,Or RESOURCE ADDRESS Iliovv\i 5 ce,‘ fob 06,3p . OWNER'S NAME 3 31cfr OWNER'S ADDRESS, CITY, STATE, ZIP CODE Sri APPLICANT'S NAME (IF OTHER THAN OWNER) PLANN:110N SE tOtt w • 1;'Crr r 111 t-1 f ►\/c r- {0 . f • ii� ?;�' G iO4 Zf HISTORIC NAME (IF KNOWN) 30391 g070 OWNER'S DAYTIME PHONE NUMBER 7ha mrlgl0106y. 0 0(/1,1 OWNER'tE-MAIL 305-- 3(73 - q'o "70 APPLICANT'S DAYTIME PHONE NUMBER APPLICANT'S ADDRESS, CITY, STATE, ZIP CODE Iv A DATE OF CONSTRUCTION / SIGNIFICANCE APPLICANT'S E-MAIL N/A ARCHITECT/ BUILDER (IF APPLICABLE) BRIEF STATEMENT OF WHY THE PROPOSED RESOURCE IS ELIGIBLE FOR HISTORIC DESIGNATION: (How does the resource have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation, and how does it possess integrity of design, setting, materials, workmanship, feeling, and association? A more detailed statement Is required as an attachment.) 1 100 5. �yIVti/L' Yl o-4 Ifs 5 �� ( c��� 7,r� w . 5 � � �'� ��, f ��' . (�c >^�. cgs ��6,�'; ;��nri ass �r� ,;� ✓Yliavo�. wcY5 prov;,d Q h� 5 Pre5er✓a �J�l� . i�� lc�sv , f r� 0' fl�cav, /6+ w�� �d Ater re,�c�rl-InG�1 ,y kai'�.1 SN(r5 fi reof e 3 rCt P-ro ��I�-vlZ �f�n� C�t✓)GG. �� (In Pie g Ie r lJa • M`s' (i . OI ‘Iyi8 NOTE: A COMPLETE CHECKLIST AND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE ON FOLLOWING PAGE APPLICANT ATTESTATION: I CERTIFY THAT ALL INFORMATION PROVIDED IN THIS APPLICATION IS CORRECT. SIGNATURE A LICANT —7/ DATE FOR STAFF USE ONLY: FILED AS DATE RECEIVED STAFF INITIALS DATE OF HEPB MEETING ACTION TAKEN RESOLUTION # Updated 8/15/2014 Property Search Application - Mlaml-Dade County 1/9/15 9:24 AM Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk PEDRO J. GARCIA MIAMI-DADE PROPERTY APPRAISER Address Owner Name Subdivision Name Folio SEARCH: 1109 S.W. South River Dr. I Suite PROPERTY INFORMATION 0 Folio: 01-0201-080-1040 Sub•Dlvlslon: CITY OF MIAMI SOUTH BLK 18 PB B-41 Property Address 109 SW S RIVER DR Miami , FL 33130-1418 Owner MANNY SEAFOOD CORPORATION i Mailing Address 1385 SW 19 ST MIAMI , FL 33145 Primary Zone 3900 MULTI -FAMILY - 38-82 U/A Primary Land Use 0081 VACANT RESIDENTIAL : VACANT LAND Beds / Bathe / Half 0 / 0 / 0 Floors 0 Living Units 0 Actual Area Living Area Adjusted Area Lot Size Year Built Featured Online Tools ....... .._......... __-_._-__.____......_--..._. _.__.-..-.____...__._. _..._..____..._._,.- . ..__4__.._ _____ Comparable Sales Glossary Non -Ad Valorem Assessments PA Additional Online Tools Property Record Cards Property Search Help Report Discrepancies Report Homestead Fraud Tax Comparison Tax Estimator TRIM Notice View Taxes 0 0 0 0 Q Back to Search Results 00.0 5)vllh ,211,f'r Or. /- 5'1vnc, OR7�L ASSESSMENT INFORMATION 0 http://www.mlamIdade.gov/propertysearch/*/ BENEFITS INFORMATION 0 J�� Page 1 of 3 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk City of Miami Historic Preservation Board 444 S.W. 2 nd Ave. Miami, Fl. 33130 Preservation Officer Megan Cross Schmitt Dear Ms. Schmitt, Manny Seafood Corporation 1365 S.W. 19 St. Miami, Fl. 33145 My family owns 109 S.W. South River Dr. ( Manny Seafood Corp. ). We purchased the parcel from the Miami River Inn, LLC around 2011. This parcel of land is across the street from a number of parcels that in 1986 was made into the South River Dr. Historic District. The purpose for the district was to preserve the unique buildings that occupy those lots. The 109 parcel was and is the only parcel not adjacent to any of the other parcels; it is across the street. Nonetheless, this parcel used to have an historic structure. In the early 2000's there came a point and time where the building came into such disrepair, that the city issued a notice of violation to the owner (the Miami River Inn) and demanded that the structure either be REPAIRED OR DEMOLISHED. After some back and forth the question finally came to the Historic and Environmental Preservation Board as to the appropriateness of demolishing the historic structure (going to the board was needed because of its historic nature). The board approved the certificate of appropriateness and on September 12, 2003 a permit for demolition was sought from the city. The structure was demolished a short time there after. As the current owner of this parcel, I cannot think of a good and logical reason why this vacant piece of land (disconnected from the rest of the parcels) should continue being a part of this historic district. The purpose for having 109 be a part of this district no longer exists; it was demolished in 2003. Currently the parcel is used as part of our lobster and stone crab fishing business. The parcel allows for the storage of lobster and stone crab traps and dockage for the fishermen. Certainly and without question, this parcel has everything in common with the adjacent parcels (to the north and south) which I own, and nothing in common to The Miami River Inn which is across the street. I would respectfully ask for support of removal of 109 S.W. South River Dr. from the South River Dr. Historic District. Thanks so much for your service and attention and I look forward to hearing from you soon. Respectful) el Prie?VP Manny Seafood Corp. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk )ubmitted into the public 2ecord for item(s) PZ. 4 )n 07/09/2015, City Clerk 12 Property Search Abdication - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Detailed Report Property Information Folio: 01-0201-080-1020 Property Address: 118 SW S RIVER DR Owner RIVER INN SRD LLC Mailing Address 7272 NE 6 CT STE 5 MIAMI , FL 33138 Primary Zone 3900 MULTI -FAMILY - 38-62 U/A Primary Land Use 3922 HOTEL OR MOTEL : MOTEL Beds/Baths/Half 41/38/0 Floors 3 Living Units 38 Actual Area Sq.Ft Living Aroa Sq.Ft Adjusted Area 15,040 Sq.Ft Lot Size 29,116 Sq.Ft Year Built 1922 Assessment Information Year 2015 2014 2013 Land Value S640,552 5494,972 S179,791 Building Value S2,059,448 51,705,028 S267,994 XF Value SO 50 SO Market Value S2,700,000 S2,200,000 S447,785 Assessed Value $541,819 S492,563 S447,785 Benefits Information Benefit 'Type 2015 2014 2013 Non -Homestead CaplAssessmenl Reduction S2,158,181 S1,707,437 Note: Not all benefits are applicable to all Taxable Values (i,e. County, School Board, City, Regional). Generated On : 7/7/2015 Taxable Value Information 2015( 2014 2013 County Exemption Value SO 50 S0 Taxable Value 5541,819 $492,563 S447,785 School Board Exemption Value S0 SO SO Taxable Value S2,700,000 S2,200,000 S447,785 City Exemption Value SO SO SO Taxable Value S541,819 S492.563 S447,785 Regional Exemption Value SO SO SO Taxable Value 5541,819 S492,563 S447,785 The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Properly Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://vAvw.miamidade.gov/Info/disclaimer.asp Version: submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Staff: MN Application received: 1/29/2015 CITY OF MIAMI PLANNING DEPARTMENT Staff Report & Recommendation To: Chairperson and Members Historic Environmental Preservation Board From: Megan Schmitt Preservation Officer Applicant: Manuel Prieguez Subject: Item No. 3 — 109 SW South River Drive The applicant Manuel Prieguez, vice-president of Manny Seafood Corp., owner of the subject property located in the South River Drive Historic District, is requesting the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District. BACKGROUND: This application was continued from March. THE PROPERTY: HEPB- MAY 5, 2015 The building at 109 SW South River Drive was demolished in 2003. The two- story contributing Frame Vernacular structure was built in 1926 and was part of the South River Drive Historic District designated in 1986. The property was owned by the Miami River Inn and had an approved proposal to be rehabilitated and used as a restaurant which never happened. The City of Miami's Chief of Unsafe Structures filed an application for the building's demolition which was granted under resolution HEPB-2003-31. That resolution also stated that the plans concurrently submitted by the then - owner, "proposed new construction [that was] consistent with the historic and architectural character of the historic district." There was one condition to the approval: 1- Archaeological monitoring of ground disturbing activities shall be provided, subject to the requirements of the Dade County Archaeologist. The parcel was sold to the current owner in 2011 as a vacant lot. The Manny Seafood Corp. also owns the south and north adjacent parcels and the parcel in question has been incorporated into the seafood business ever since it was acquired. The current owner never had the intention to build on the parcel. Today, due to the economic recovery Miami is experiencing, the current owner would like to have the parcel removed from the South River Drive Historic District to be available for possible future development. Pagel of 3 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk HISTORIC PICTURE: ANALYSIS: Staff: MN Application received: 1/29/2015 The Parcel is located on the east side of SW South River Drive, thus separated from the other structures of the historic district that are on the west side of the road. In addition, the former contributing structure has been gone for 12 years and since it was demolished in 2003 the vacant parcel has neither contributed to the character of the district nor diminished its integrity. Even though plans were submitted when the demolition of the former contributing building was approved by the HEPB in 2003, the proposed replacement building was never built and the property was sold to the present owner as a vacant lot in 2011, 8 years after the HEPB resolution HEPB-2003-31 passed. HEPB- MAY 5, 2015 Page 2 of 3 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Staff: MN Application received: 1/29/2015 Sec.23-6.2.(g) of the city's ordinance states that: "Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period, or a building permit has been obtained. The preservation officer may grant an extension of time not to exceed 12 months upon written request by the applicant, unless the board's guidelines as they may relate to the authorized work have been amended." Today, even the same proposed plans approved in 2003 would need to come back before the HEPB for re -approval since it was never commenced or permitted. STAFF RECOMMENDATION: Since the Special COA for the demolition of a contributing structure and plans for a new replacement structure approved in 2003 under HEPB-2003-31 was only partially executed and the proposed replacement building was never commenced or permitted, therefore expired according to Sec.23-6.2.(g), and that the present owner purchased the property as a vacant lot 8 years after the former contributing structure was demolished and consequently the present owner cannot be held responsible for its neglect and demolition, and that the parcel is located at the east side of SW South River Drive and across from the other buildings of the historic district that are located on the west side of the road; the Preservation Office recommends that the application for the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District to be Approved. HEPB- MAY 5, 2015 Page 3 of 3 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07 09 2015 City Clerk 13 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City of Miami City Hall 3500 Pan American Drive Tuesday, May 5, 2015 Item Applicant: Manuel Prieguez 109 SW South River Drive Board Members (Present) William E. Hopper, Jr., Chairman Lynn B. Lewis Timothy Barber David Freedman Gary Hecht Jordan Trachtenberg City Attorney's Office Rafael Suarez -Rivas, Assistant City Attorney Preservation Office Megan Cross Schmitt Preservation Officer MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 2 1 2 . 3 = N • U ° • a 4 L n V o E Lr 5 i;j7 6 E ` 8 c 7 Ln = 0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * * * * * * * * * * * * * * * * * * * * * CHAIRMAN HOPPER: Now we're on to Item No. 3, which is a resolution of the Miami Historic and Environmental Preservation Board approving or denying the removal of a parcel located at 109 Southwest South River Drive from the South River Drive Historic District. And is the applicant present? MR. GIBBS: Yes. CHAIRMAN HOPPER: Please come forward and give your name and address for the record. MR. GIBBS: Hi, my name is Tucker Gibbs. I'm representing Manny Seafoods, the applicant, here today. And I understand that the staff report is going to go first or CHAIRMAN HOPPER: Yes. MR. GIBBS: Okay. CHAIRMAN HOPPER: And you have -- and you're registered as a MR. GIBBS: Yes, I am. Believe me. CHAIRMAN HOPPER: Very good, very good. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 3 U_ 0 Y (11 E 0 Record for item(s) PZ. 4 on 07/09/2015, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Okay. We'll have to start with the staff report, please. MS. NOVAES: The applicant, Manuel Prieguez, Vice President of Manny Seafood Corporation, owner of the subject property, located in the South River Drive Historic District, is requesting the removal of the parcel at 109 Southwest South River Drive from the South River Drive Historic District. This application was continued from March. The building at 109 Southwest South River Drive was demolished in 2003. The two-story contributing Frame Vernacular structure was built in 1926, and was part of the South River Drive Historic District designated in 1986. The property was owned by the Miami River Inn, and had an approved proposal to be rehabilitated and used as a restaurant, which never happened. The City of Miami's chief of unsafe structures filed an application for the building's demolition, which was granted under Resolution HEPB-2003-31. That MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 resolution also stated that the plans concurrently submitted by the then owner proposed new construction that was consistent with the historic and architectural character of the historic district. There was one condition to the approval: Archeological monitoring of ground disturbing activities shall be provided, subject to the requirements of the Dade County archeologist. The parcel was sold to the current owner in 2011, as a vacant lot. The Manny Seafood Corporation also owns the south and the north adjacent parcels. And the parcel in question has been incorporated into the seafood business ever since it was acquired. The current owner never had intention to build on the parcel. Today, due to the economic recovery Miami is experiencing, and -- the current owner would like to have the parcel removed from the South River Drive Historic District to be available for possible future development. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The parcel is located on the east side of SW South River Drive, thus separated from the other structures of the historic district that are on the west side of the road. In addition, the former contributing structure has been gone for 12 years. And since it was demolished in 2003, the vacant parcel has neither contributed to the character of the district nor diminished its integrity. Even though the plans were submitted when the demolition of the former contributing building was approved by the HEPB in 2003, the proposed replacement building was never built and the property was sold to the present owner as a vacant lot in 2011, eight years after the HEPB resolution HEPB-2003-31 passed. Section 23-6.2.(g) of the City's ordinance states that: "Expiration of Certificate of Appropriateness. Any Certificate of Appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 6 1 2 - 3 :7,1%1 4 „ o E L 5 4 v c 4- o o _._N 6 Q1 � o 0 7 o o 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issuance, unless the authorized work is commenced within this time period or a building permit has been obtained. The preservation officer may grant an extension of time, not to exceed 12 months upon written request by the applicant, unless the Board's guidelines, as they may relate to the authorized work, have been amended." Today, even the same proposed plans approved in 2003, will need to come back before the HEPB for re -approval, since it was never commenced or permitted. Staff recommendation: Since the special Certificate of Appropriateness for the demolition of a contributing structure, and plans for a new replacement structure approved in 2003 under resolution HEPB-2003-31 was only partially executed and the proposed replacement building was never commenced or permitted, therefore expired according to Section 23-6.2.(g), and that the present owner purchased the property as a vacant lot 8 years after the former contributing MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 structure was demolished, and consequently the present owner cannot be held responsible for its neglect and demolition and that the parcel is located at the east side of SW South River Drive and across from the other buildings of the historic district that are located on the west side of the road, the Preservation Office recommends that the application for the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District to be approved. CHAIRMAN HOPPER: Is there anything you would like to add to the staff report? MR. GIBBS: Absolutely nothing, but I would like to remind the Board, I know you all know this, that the staff report is competent substantial evidence as to the compliance with the applicable regulations and therefore we would urge you to support this application and vote in its favor, but I would like to reserve some time, if other people are going to speak on this to respond to them. CHAIRMAN HOPPER: Okay. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GIBBS: Thank you. CHAIRMAN HOPPER: Is there anyone from the public wishing to speak on this item, please come forward and give your name and address for the record. Or if there's not, I guess you won't have to have any time for rebuttal. I will close the public hearing and open up to the Board for questions and comments. So this is a part of the Miami River Inn property that was kind of appended to the main -- MS. SCHMITT: Correct, that's the Miami River Inn. It used to have a -- as the staff report describes, it used to have a structure. That was the reason that it was included as part of the Miami River Inn -- or, excuse me, as the South River Drive Historic District. BOARD MEMBER MS. LEWIS: Mr. Chairman, I have a question for staff. CHAIRMAN HOPPER: Yes, ma'am. BOARD MEMBER MS. LEWIS: Ms. Preservation Office, it looks to me that MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk paul@savagelegal.com From: Trujillo, Vanessa <VCastillo@miamigov.com> Sent: Wednesday, July 08, 2015 10:12 AM To: paul@savagelegal.com Subject: RE: HEPB Item No. 3, Meeting of May 5, 2015; No. 15-00221 (Manny's Seafood) located at 109 SW S River Drive Good morning Mr. Savage: This is correct. From: paul@savagelegal.com [mailto:paul@savagelegal.com] Sent: Wednesday, July 08, 2015 9:46 AM To: Trujillo, Vanessa Subject: HEPB Item No. 3, Meeting of May 5, 2015; No. 15-00221 (Manny's Seafood) located at 109 SW S River Drive Dear Ms. Trujillo: I hope that you are great. Megan Schmitt was explaining to me that your office at Hearing Boards handles the notices for the HEPB Board meetings. I am trying to understand the facts about this file, and I need to make sure that I have the facts correct. Is the following recitation correct or did I put anything wrong?: 1. This item was noticed by mail out to property owners within a 500-foot radius from the Applicant's parcel, in advance of the March 3, 2015 HEPB Board hearing. 2. This item was noticed by advertising in advance of the March 3, 2015 HEPB Board hearing. 3. This item was noticed by posting in advance of the March 3, 2015 HEPB Board hearing. 4. At the March 3 HEPB Board hearing, this item was continued to the May 5, 2015 HEPB Board hearing. 5. This item was not noticed again by mail out in advance of the May 5, 2015 HEPB Board meeting. 6. This item was not noticed again by advertising in advance of the May 5, 2015 HEPB Board meeting. 7. This item was not noticed again by posting in advance of the May 5, 2015 HEPB Board meeting. 8. The item was not re -noticed for the May 5, 2015 HEPB Board hearing because it was already noticed for March 3, and the policy is that continued hearings are not required to be re -noticed. Do I have my facts right on this file? If anything that I said here is not correct, will you please educate me so that I have my facts right? Thank you very much, Paul S. 1 L City of Miami South River Drive Historic District New Jersey Guest House 3L=1te rap atu11MII. WAN Zegiurrem zer r+o1c .to:=„aaaOW[12orr1iweCI saveb►e:+rer+a :.■■SW 1 ST ST ..■....� • 438 428 ♦ • ■ 437 SW 2ND ST Submitted into the public record for item(s) City Clerk • • • • Canoe Club (1926 Hurricane) 15-00221 ha -Submittal -Paul Savage -Supporting Documents for Appeal Miami River In gre.;e W late, /Rose Arms Apts. N 0 25 50 100 Feet i i 1 1 1 r r l ti Legend SOUTH RIVER DRIVE BOUNDARY CONTRIBUTING STRUCTURE NON-CONTRIBUTING STRUCTURE Submitted into the public Record for item(s) PZ. 4 n 07/09/2015, City Clerk 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what happened before this Board in 2003, was both a demolition permit and a concurrent or Certificate of Approval for a replacement structure. MS. SCHMITT: That's correct. BOARD MEMBER MS. LEWIS: Then it also looks to me as if someone dropped the ball, in that if what was approved was you can demolish this, provided you build this, do you have any thoughts, again probably just going forward, as to how this Board can avoid you can demolish this, provided you build this; this gets demolished, this never gets built? MS. SCHMITT: A couple of thoughts. Right now, as the staff report mentions, the Certificates of Appropriateness are good for one year, and up to -- with up to one year for an extension, but that requires the preservation office to log and follow the expiration dates as much as as it does the property owner. So one suggestion we could consider in cases where we have a demolition by neglect situation, where a demolition MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permit is only being approved upon the condition that X, Y or Z will be rebuilt, maybe it's a five-year -- you know, it will be good for five years, instead of one year to try to avoid the situation that we have sort of seen ourselves in the past -- or currently seeing ourselves in. BOARD MEMBER FREEDMAN: Mr. Chairman. CHAIRMAN DR. HOPPER: Yes, sir. BOARD MEMBER FREEDMAN: Did we not have a similar situation where we required, in order to grant a Certificate of Appropriateness for demolition, that a covenant be required, that new construction would have to come back to us? I have a recollection of somewhere in the area of Lummus Park, we had a situation like that. MR. SUAREZ-RIVAS: Please restate your question just to make sure I comprehended it. BOARD MEMBER MR. FREEDMAN: Sure. I'm suggesting that in situations where we're asked to approve a demolition in a MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 historic district and there's a proffer made to us by the owner that they're going to rebuild something, X, Y, Z that we approve, that in the event -- that a covenant be recorded, so that if what's been proffered is not built, any subsequent owner would have to come back to us for approval. MR. SUAREZ-RIVAS: Well, no, you're correct. This has been done before, and it has been a stipulation imposed by the Board in certain instances. In this particular instance, as I understand it, what the owner is requesting is removal from the designation of the particular parcel as a historic resource. And you have to be mindful of that, that, to me, you know, that's generally -- that's what -- that's what provides the jurisdiction of the Board. So unlike these other instances that you're thinking of, that there's some certificate or special Certificate of Appropriateness, but the property is designated, the distinguishing factor here MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 12 Y i �a v L Ln 0 o E Lni 0 •N a E o` _0 U 7 01 0 N 0 C 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is, as I understand it, this owner is saying I'd like my designation rescinded, which is what confers the jurisdiction on the Board. MS. SCHMITT: May I make a comment? So with -- Mr. Freedman, with regard to your question, no matter what, as long as the property is located within a historic district, the property owner will have to come before the Board for a special Certificate of Appropriateness for new construction. But our former preservation officer Alexander Adams is here and he suggested that maybe one of the solutions, and I think it's a great suggestion, is if we have one of the conditions be that it's recorded with the -- a deed is recorded with the County, so that, you know, it's clear that this is an expectation of anyone, who in the future, purchases the property, which I think is one of the things that we all talked about, people not thinking -- people not realizing when they purchased property that it's in a MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 13 1 2 3 U L ▪ a • Nlu 4 eL • L 5 o Eu °J o -0 6 y � • o 7 0 O Jp cn • = 0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 historic district, so, therefore, they're not 100% sure what that really means. So I think that your restrictive covenant idea, I think we could consider that in future cases. BOARD MEMBER MR. FREEDMAN: I was not referring to the present case, but just for future use. MR. SUAREZ-RIVAS: That's a very viable course of conduct, in general. CHAIRMAN HOPPER: It just seems a little contrary to what we're about here, to say that, okay, we'll let you tear a building down; if you wait long enough, we'll forget about it, and you can -- you can have it taken out of the historic district and undesignated or something like that. MS. SCHMITT: There was a lot of debate among staff. This was not an easy conclusion to arrive at. CHAIRMAN HOPPER: Any other thoughts from the Board? BOARD MEMBER MR. HECHT: You know, I agree with you, Mr. Chairman MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 14 tri 0 0 N 0 C 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At the same time as I read this, you know, this property was purchased eight years after the contributing structure was demolished. And I do agree, but, still, at the same time, it was purchased eight years thereafter. Do the -- maybe I can be enlightened here. When it was purchased, did the owner know at that time that there was was there a covenant then with the sale? I don't understand. MS. SCHMITT: The property owner is here. Maybe we could ask him or his representative. MR. GIBBS: No, there was no covenant on the sale of the property. BOARD MEMBER MR. HECHT: So he discovered this after -the -fact that there was -- that this was designated property? MR. GIBBS: The issue is less the designation and more that the property was vacant. It was vacant. It lost all its historic value. The value in the designation originally was on the fact that it had this beautiful -- or I won't MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 • 15 o E C o ▪ E Eo U = cc N r-1 0 N 0• 1 0 0 C 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 say beautiful, this historic building on it. And the historic building ended up basically falling apart, falling down, and it was the City who brought the application to the historic preservation board to have it demolished, because it was an unsafe structure. All happened before my client bought it. CHAIRMAN HOPPER: I understand that, but it was also the City that said you have to build something back that meets - MR. GIBBS: And that was between - that was between them. And as Megan said, the Certificate of Appropriateness said you had to do it within a year. And that's something that is, I couldn't agree with you more, an issue that you all have to deal with, the City has to deal with, but in terms of this piece of property, all my client did was buy a vacant piece of property. That's all he did. CHAIRMAN HOPPER: Thank you. BOARD MEMBER MR. FREEDMAN: I have a thought, comment, whatever. The property is zoned multi -family. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 • 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 There's a lot of multi -family construction going on the parcels previously industrially commercial along the river. If it's in the district, then what could be built that would keep it in conformity with what else is in the district, none of which is multi -family? I mean, you got the Inn, but that's not what's being built these days in terms of multi -family. I'm just puzzling. If he's out of the district, you know, you can build whatever the zoning allows. If he's in the district, where is the standard with which we should apply? I don't know in this particular district how we really do that. Thoughts? CHAIRMAN HOPPER: And the other thing, too, it looks like it was something that was just appended to the original district, because there was an old building on it. BOARD MEMBER MS. LEWIS: Well, it seems to me that the applicant is entitled to rely on the non -record. And that MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 U L v al o Q Lfc c 0 — • c• n +• `~ 0 I, 0 0 O v c v, oc o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's why I asked what could we do going forward to prevent this type of maybe aberrant factual situation to come up. You know, we're very interested in the consequences of demolition by neglect and we want to eliminate potential loopholes for someone to allow a valuable piece of property, a property with good zoning and market curbside appeal, to allow an old structure to fade away, and coupled with being in a historic district, and then say, oh, well, this is free of any kind of legal or historic preservation restrictions and I think I'll put up a bunch of uses permitted by zoning. So as to this application that is before us, it seems to me that the request for the removal of the historic district designation makes an awful lot of sense. And I don't -- I don't think we can talk -- I don't see how we can tie the applicant to any future restrictions or better thinking to eliminate loopholes. We either say yes or no, you're in or you're out. And then we say to staff, if MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 • a 18 m . U a NI a i W ..0 Lel U o E ui W 1 C v �O Gl "-' o 0 U C W C In CC 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's the will of the Board, okay, let's tighten up how we would do this going forward for other properties. In that regard, Mr. Chairman, I'd like to move that the property at 109 SW South River Drive be removed from the South River Drive Historic District. BOARD MEMBER MR. HECHT: Second. CHAIRMAN HOPPER: Is there any discussion on the motion? Roll call. THE CLERK: Ms. Lewis? BOARD MEMBER MS. LEWIS: Yes. THE CLERK: Mr. Hecht? BOARD MEMBER MS. HECHT: Yes. THE CLERK: Mr. Barber? BOARD MEMBER MR. BARBER: No. THE CLERK: Mr. Freedman? BOARD MEMBER FREEDMAN: Yes. THE CLERK: Mr. Trachtenberg? BOARD MEMBER MR. TRACHTENBERG: Yes. THE CLERK: And Dr. Hopper? CHAIRMAN HOPPER: No. THE CLERK: Motion passes 4 to 2. CHAIRMAN HOPPER: Okay. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 • 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SUAREZ-RIVAS: This is a final decision and would be appealable to the City Commission. CHAIRMAN DR. HOPPER: And we're on to Item No. 5. BOARD MEMBER MR. HECHT: Typical slippery slope. (Thereupon, the hearing was concluded). MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r 20 � O 0 = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER I, Lorena Ramos, Registered Professional Reporter, do hereby certify that I was authorized to and did TRANSCRIBE the foregoing proceeding held before the City of Miami Historic and Environmental Preservation Board on the 5th day of May 2015; and that the transcript, pages 1 through 19 of the Manuel Prieguez item, is a true and correct TRANSCRIPTION of the VIDEOTAPED proceeding, to the best of my ability. DATED this 07/08/2015 at Miami -Dade County, Florida. LORENA RAMOS, RPR COURT REPORTER MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 7f712015 Property Search Application - Miami -Dade County OFHCE Property Information Folio: 01-0201-080-1020 Property Address: 118 SW S RIVER DR �T PE TY APPRAISE Generated On : 7f7/2015 Roll Year 2015 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL T4 R 3900 Square Ft. 29,116.00 Building Information Building Number Sub Area Year Buitt Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value 1 1 1922 5,314 2 1 1926 3,605 3 1 1920 3,099 4 1 1923 2,982 4 2 1985 40 Extra Features Description Year Built Units Calc Value Sprinkler System/Auto - Wet 1991 2,713 Central NC (Aprox 400 sgftfTon) 1991 2.5 Central A/C (Aprox 400 sgftlTon) 1991 8.5 Chain -fink Fence 6-7 ft high 1991 340 Sprinkler System/Auto - Wet 1991 2,694 Wrought Iron Fence 1991 145 Sprinkler System/Auto - Wet 1991 2,336 Central NC (Aprox 400 sgfi/Ton) 1989 10.5 Sprinkler System/Auto - Wet 1989 4,631 Patio - Concrete Slab 1989 660 Central NC (Aprox 400 sqf /Ton) 1985 4 The Office of the Property Appraiser Is continually editing and updating the tax roll. This website may not reflect the most current Information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/lnfo/disclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07 09/2015, City Clerk 7/7/2015 Property Search Application - Miami -Dade County FFE Hip F T Property Information Folio: 01-0201-080-1020 Property Address: 118 SW S RIVER DR OPEN Generated On : 7/7/2015 Roll Year 2014 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL T4 R 3900 Square Ft. 29,116.00 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value 1 1 1922 5,314 2 1 1926 3,605 3 1 1920 3,099 4 1 1923 2,982 4 2 1985 40 Extra Features Description Year Built Units Calc Value Sprinkler System/Auto - Wet 1991 2,713 Central A/C (Aprox 400 sgft/Ton) 1991 2.5 Central A/C (Aprox 400 sgftlTon) 1991 8.5 Chain -fink Fence 6-7 ft high 1991 340 Sprinkler System/Auto - Wet 1991 2,694 Wrought Iron Fence 1991 145 Sprinkler System/Auto - Wet 1991 2,336 Central A/C (Aprox 400 sqft/Ton) 1989 10.5 Sprinkler System/Auto - Wet 1989 4.631 Patio - Concrete Slab 1989 660 Central A/C (Aprox 400 sgftlTon) 1985 4 The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miarnidade.gov/info/disclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07 p 2015, City Clerk 7f7/2015 Property Search Application - Miami -Dade County OFFICE Property Information Folio: 01-0201-080-1020 Property Address: 118 SW S RIVER DR TY ISE Generated On : 7/7/2015 Roll Year 2013 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Untts Calc Value GENERAL T4 R 3900 Square Ft. 29,116.00 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value 1 1 1922 5,314 2 1 1926 3,605 3 1 1920 3,099 4 1 1923 2,982 4 2 1985 40 Extra'Features Description Year Buitt Units Calc Value Sprinkler System/Auto - Wet 1991 2,713 Wrought Iron Fence 1991 145 Chain-6nk Fence 6-7 ft high 1991 340 Central A/C (Aprox 400 sgftfTon) 1991 2.5 Sprinkler System/Auto - Wet 1991 2,694 CentralA/C (Aprox 400 sgfUTon) 1991 8.5 Sprinkler System/Auto - Wet 1991 2,336 Central NC (Aprox 400 sgft/Ton) 1989 10.5 Sprinkler System/Auto - Wet 1989 4,631 Patio - Concrete Slab 1989 660 Central NC (Aprox 400 sgft/Ton) 1985 4 The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser,and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/iinfo/dIsclalmer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 7/7/20t5 Property Search Application Miami -Dade County OFFICE Property Information Folio: 01-0201-080-1020 Property Address: 118 SW S RIVER DR SSE Generated On : 7/7/2015 Full Legal Description CITY OF MIAMI SOUTH PB B-41 LOTS 1 THRU 4 LESS NSFT OF LOTS 3 & 4 BLK 18 LOT SIZE 29116 SQ FT OR 18859-1571 1099 4 (4) Sales Information Previous Sale Price OR Book -Page Qualification Description 04/13/2015 $7,500,000 29583-4265 Qual on DOS, mufti -parcel sale 07/23/2013 $4,200,000 28748-1640 Qual on DOS, multi -parcel sale 10/01/1999 $0 18859-1571 Qual by exam of deed 08/01/1999 $0 18780-1712 Qual by exam of deed 10/01/1984 $185,000 12329-3037 2008 and prior year sales; Qual by exam of deed The Office of the Property Appraiser Is continually editing and updating the tax roll. This websile may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/Info/disclaimer.asp Version: )ubmitted into the public lecord for item(s) PZ. 4 NI 07/09/2015, City Clerk 7/7/2015 Prooertv Search ApGication - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Detailed Report Property Information Folio: 01-0201-080-1160 Property Address: 437 SW 2 ST Owner RIVER INN SRD LLC Mailing Address 7272 NE 6 CT STE 5 MIAMI , FL 33138 Primary Zone 3900 MULTI -FAMILY - 38-62 U/A Primary Land Use 0303 MULTIFAMILY 10 UNITS PLUS : MULTIFAMILY 3 OR MORE UNITS Beds / Baths / Half 27 /18 /0 Floors 3 Living Units 16 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 11,559 Sq.Ft Lot Size 34,716 Sq.Ft Year Built 1972 Assessment Information Year 2015 2014 2013 Land Value S763.752 S590,172 S214,371 Building Value $408,248 S529,828 5216,963 XF Value SO So SO Market Value S1,172,000 $1,120,000 S431,334 Assessed Value S1,172,000 $1,120,000 5431,334 Benefits Information Benefit jType 20151 20141_ 2013 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Generated On : 7/7/2015 Taxable Value Information 1 20151 20141 2013 County Exemption Value SO SO SO Taxable Value $1,172,000 51.120,000 5431,334 School Board Exemption Value S0 So SO Taxable Value $1,172,000 $1,120,000 S431,334 City Exemption Value SO So SO Taxable Value S1,172.000 S1,120,000 $431,334 Regional Exemption Value SO SO SO Taxable Value I S1,172,000 $1,120,000 $431.334 The Office of the Property Appraiser is continually editing and updating the lax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http:/MAvw.miamidade.gov/info/disclaimer.asp Version Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 7/7/2015 Property Search Application - Miami -Dade County t1n Property information Folio: 01-0201-080-1160 Property Address: 437 SW2 ST T Generated On : 7/7/2015 Roll Year 2015 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL T4 R 3900 Square Ft. 26,166.00 GENERAL T4 R 3900 Square Ft. 8,550.00 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value 1 1 1972 2,069 1 2 1972 4,138 2 1 1939 1,131 3 1 1939 1,480 4 1 1939 1,232 5 1 1924 1,509 Extra Features Description Year Built Units Calc Value Chain -link Fence 6-7 fl high 1991 150 Central A/C (Aprox 400 sgft/Ton) 1989 12 Central A/C (Aprox 400 sgft/Ton) 1989 4 Central NC (Aprox 400 soft/Ton) 1989 4 Central NC (Aprox 400 sqft/Ton) 1989 4 Wrought Iron Fence 1989 353 Patio - Concrete Slab 1989 1,500 Paving - Asphalt 1989 9,800 Pool 8' fes BETTER 3-8' dpth, the 650-1000 sf 1989 1 The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current Information on record. The Property Appraiser and Miaml-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.mlamidade.gov/info/disciaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Property Search Application - Miami -Dade County Property Information Folio: 01-0201-080-1160 Property Address: 437 SW2 ST SE Generated On : 7/7/2015 Roll Year 2014 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL T4 R 3900 Square Ft. 26,166.00 GENERAL T4 R 3900 Square Ft. 8,550.00 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value 1 1 1972 2,069 1 2 1972 4,138 2 1 1939 1,131 3 1 1939 1,480 4 1 1939 1,232 5 1 1924 1,509 Extra Features Description Year Built Units Calc Value Chain -fink Fence 6-7 ft high 1991 150 Central A1C (Aprox 400 sqft/Ton) 1989 12 Central A/C (Aprox 400 sqft/Ton) 1989 4 Central A/C (Aprox 400 sqft/Ton) 1989 4 Central A/C (Aprox 400 sqft/Ton) 1989 4 Wrought Iron Fence 1989 353 Patio - Concrete Slab 1989 1,500 Paving - Asphalt 1989 9,800 Pool 8' res BETTER 3-8' dpth, tile 650-1000 sf 1989 1 The Offlce of the Property Appraiser is continually editing and updating the tax roil. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miarnidade.gov/info/disclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Property Search Application - Miami -Dade County OFFICE FT THE P E l' Y *!PRI*ISE Generated On : 7f7/2015 Property Information Folio: 01-0201-080-1160 Property Address: 437 SW2 ST Roll Year 2013 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Cato Value GENERAL T4 R 3900 Square Ft. 26,166.00 GENERAL T4 R 3900 Square Ft. 8,550.00 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value 1 1 1972 2,069 1 2 1972 4,138 2 1 1939 1,131 3 1 1939 1,480 4 1 1939 1,232 5 1 1924 1,509 Extra Features Description Year Built Units Calc Value Chain -link Fence 6-7 ft high 1991 150 Central NC (Aprox 400 sgfVTon) 1989 12 Central NC (Aprox 400 sgftlTon) 1989 4 Central NC (Aprox 400 sgftlTon) 1989 4 Central NC (Aprox 400 sqft/Ton) 1989 4 Wrought Iron Fence 1989 353 Patio - Concrete Slab 1989 1,500 Paving - Asphalt 1989 9,800 Pool 8' res BETTER 3-8' dpth, tile 650-1000 si 1989 1 The Office of the Property Appraiser is continually editing and updating the tax roll. This websile may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/dlsclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Prooertv Search Application - Miami -Dade County Property Information Folio: 01-0201-080-1160 Property Address: 437 SW2 ST SSE {'ill Generated On : 7/7/2015 Full Legal Description CITY OF MIAMI SOUTH PB B-41 LOTS 15 THRU 18 BLK 18 LOT SIZE 34716 SQ FT OR 18859-1571 1099 4 (4) Sales Information Previous Sale Price OR Book -Page Qualification Description 04/13/2015 $7,500,000 29583-4265 Qual on DOS, multi -parcel sale 07/23/2013 $4,200,000 28748-1640 Qual on DOS, multi -parcel sale 10/01/1999 $0 18859-1571 Qual by exam of deed 08/01/1999 $0 00000-00000 Qual by exam of deed 09/01/1985 $95,000 12646-0690 2008 and prior year sales; Qual by exam of deed 03/01/1980 $50,000 10690-0725 2008 and prior year sales; Qual by exam of deed 08/01/1976 $1 00000-00000 Qual by exam of deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current Information on record. The Property Appraiser and Miaml-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/Info/disclairner.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 7/7/2015 Property Search Application - Miami -Dade Countv OFFICE Of THE PROPERTY APPRAISER Detailed Report Property Information Folio: 01-0201-080-1040 Property Address: 109 SW S RIVER DR Owner MANNY SEAFOOD CORPORATION Mailing Address 1365 SW 19 ST MIAMI , FL 33145 Primary Zone 3900 MULTI -FAMILY - 38-62 U/A Primary Land Use 0081 VACANT RESIDENTIAL : VACANT LAND Beds ! Baths / Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Sizo 8,984 Sq.Ft Year Built 0 Assessment Information Year 2015 2014 2013 Land Value S110,952 S110,952 S110,952 Building Value SO 50 So XF Value SO SO SO Market Value S110,952 S110,952 S110,952 Assessed Value S89,840 S89,840 S89,840 Benefits Information Benefit • Type 2015 2014 2013 Working Waterfront Classified Value S21,112 $21,112 $21,112 Note:Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Generated On : 7/7/2015 Taxable Value Information 2015 2014 2013 County Exemption Value SO SO SO Taxable Value S89,840 S89,840 S89,840 School Board Exemption Value S0 S0 SO Taxable Value S89,840 S89,840 S89.840 City Exemption Value S0 SO 50 Taxable Value S89,840 S89,840 S89,840 Regional Exemption Value 50 S0 SO Taxable Value 589,840 $89,840 589,840 The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement al http://vAvw.miamidade.gov/info/disclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 7/7R015 Property Search Application Miami -Dade County FFICE FT EP PE T Property Information Folio: 01-0201-080-1040 Property Address: 109 SW S RIVER DR PPRAISE Generated On : 7/7/2015 Roll Year 2015 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Calc Value WORKING WATERFRONT T4 R 3900 Square Ft. 8,984.00 $89,840 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Ad) Sq.Ft. Caic Value Extra Features Description Year Built Units Calc Value The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07 09 2_L5, City Clerk 7/7/2015 Property Search Application - Miami -Dade County FFICE OF THE PROPE'TY AP"R.ISE Property Information Folio: 01-0201-080-1040 Property Address: 109 SW S RIVER DR it Generated On : 7/7/2015 Roll Year 2014 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Units Calc Value WORKING WATERFRONT T4 R 3900 Square Ft. 8,984.00 $89,840 Building Information Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value Extra Features Description Year Built Units Calc Value The Office of the Property Appraiser is continually editing and updating the tax roll. This webslte may not reflect the most current Information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govAnfo/disclaimer.asp Version: • Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Property Search Application - Miami -Dade County 7/7/2015 N :NP FR E F T Property Information Folio: 01-0201-080-1040 Property Address: 109 SW S RIVER DR E P]PE ISE Generated On : 7/7/2015 Roll Year 2013 Land, Building and Extra -Feature Details Land Information Land Use Muni Zone PA Zone Unit Type Untts Calc Value WORKING WATERFRONT T4 R 3900 Square Ft. 8.984.00 $89,840 Building Information Building Number Sub Area Year Built Actual Sq.Ft, Living Sq.Ft. Adj Sq.Ft. Calc Value Extra Features Description Year Buift Units Calc Value The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.goviinfoidisclaimer.asp Version: Submitted into the public Record for item(s) PZ. 4 on 07 09 2015, City Clerk 7/7/2015 Property SearchADplication - Miami -Dade County FH[:E t`' F 1]E P!I3PEa!rY Property Information Folio: 01-0201-080-1040 Property Address: 109 SW S RIVER DR • Generated On : 7/7/2015 Full Legal Description CITY OF MIAMI SOUTH PB B-41 LAND BET N1/2 LOT 2 & ALL LOT 3 & RIV WITH RIP RTS LESS TRIANG PARCEL 1 X 10 DEEDED TO CITY & LESS SWLY 10FT BLK 18 & TRIANG STRIP OF LAND WITH RIP RTS 15.5 FT ON W BANK OF MIAMI RIV DESC IN DB 2400-23 LOT SIZE 8984 SO FT OR 18859-1571 1099 4 (4) Sales Information Previotsts Sale Price OR Book -Page Qualification Description 07/23/2013 $0 28763-2064 Corrective, tax or QCD; min consideration 07/22/2013 $100 28748-1634 Corrective, tax or QCD; min consideration 08/31/2011 $425,000 27829-3405 Qual by exam of deed 10/01/1999 $0 18859-1571 Qual by exam of deed 08/01/1999 $0 00000-00000 Qual by exam of deed 06/01/1985 $300,000 12559-0068 2008 and prior year sales; Qual by exam of deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.goviinfo/disclairner.asp w.miamidade.gov/info/disciaimer.asp Version: Submitted into the public Record for items) PZ on 07 09 2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 14 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk CITY OF MIAMI CITY COMMISSION MEETING JULY 9, 2015 AGENDA ITEM PZ.4 (Materials Submitted by Paul C. Savage, Esq. in Support of the Appeal) Item: Resolution Affirming or Reversing the Miami Historic Preservation and Environmental Preservation Board's Approval of the Removal of the Parcel Located at 109 SW South River Drive. Tab No. Date Document 1 1/22/1987 City of Miami Ordinance No. 10213 Imposing South River Drive Historic District 2 3/30/1997 National Register of Historic Places Nomination Form 3 3/30/1997 National Register of Historic Places Nomination Photographs 4 12/28/2001 Recorded Preservation and Conservation Easement 5 2/18/2015 Hearing Board Notice Package for HEPB Board Hearing of March 3, 2015 6 3/3/2015 Applicant Email with Staff on Request for Continuance 7 3/25/2015 Applicant Email with Staff on Existence of Preservation Easement 8 4/2/2015 Staff Emails with Applicant on Placing Item on May 5, 2015 HEPB Board Agenda 9 5/20/2003 Staff Report to HEPB Board on 109 SW S. River Drive 10 5/20/2003 Resolution of HEPB Board HEPB-2003-31 11 1/9/2015 Application for Removal of 109 SW South River Drive From District 12 4/13/2015 Property Appraiser Pages on Miami River Inn Property and Sale Date 13 5/5/2015 Staff Report on Item No. 3 Before HEPB Board Application 14 5/5/2015 Transcript of HEPB Board Hearing Proceedings 15 5/11/2015 HEPB Board Resolution 16 5/27/2015 FDOT SW 1st Street Bridge Replacement Power Point 17 5/29/2015 Circuit Court Complaint (Re: Preservation and Conservation Easement) Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 15 Submitted into the public Record for item(s) PZ. 4 on 07 09 2o. s, City Clerk Miami Historic and Environmental Preservation Board Resolution: HEPB-R-1 5-032 File ID 15-00221 May 5, 2015 Item HEPB.3 Ms. Lynn B. Lewis offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, APPROVING THE REMOVAL OF THE PARCEL LOCATED AT 109 SOUTHWEST SOUTH RIVER DRIVE FROM THE SOUTH RIVER DRIVE HISTORIC DISTRICT. Upon being seconded by Mr. Gary Hecht, the motion passed and was adopted by a vote of 4-2: Mr. Timothy Barber No Mr. David Freedman Yes Mr. Gary Hecht Yes Mr. William E. Hopper, Jr. No Ms. Lynn B. Lewis Yes Mr. Hugh Ryan Absent Mr. Jordan Trachtenberg Yes Mr. Todd Tragash Absent // M(1.v1 2,uL Megan chmitt Execution Date Preservation Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Megan Schmitt, Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution. r_ SWORN AND SUBSCRIBED BEFORE ME THIS! , DAY OF Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath N. N12,1 , 2015. Notary Public State of Florida My Commission Expires: VANESSA TRUJIUA MY COMMISSION s EE 105250 EXPIRES: July 11, 2015 Bonded Thru Notary Public Underwriters Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 16 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk SR 968 / SW 1ST STREET BASCULE BRIDGE OVER THE MIAMI RIVER Bridge Aesthetics Reuiew Committee Meeting No.1 PRESENTED BY: Florida Department of Transportation PRESENTED ON: May 27, 2015 FM No.: 424407-1-52-01 BRIDGE REPLACEMENT Of FtQ. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Agenda • Aesthetics of Bridge Control House • Treatment of Bridge Approach Spans Retaining Walls and Bridge Abutments BRIDGE REPLACEMENT • Project Purpose & Need • Completed Fall 2013 J • Develop Construction Documents • Scheduled Completion: 2017 • Construct Project • Anticipated Schedule 2018 thru 2021 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Status of Project - Project Phases Construction Submitted into the public Record for item(s) PZ. 4 on 07 09 2015, City Clerk Cultural Resources • The FDOT shall design the project to avoid permanent construction impacts to historic properties as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. • The FDOT shall ensure that the design of the project is compatible with the historical and architectural qualities of the National Register-listedouth River Drive Historic District as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. • The FDOT shall create a working group known as the Bridge Aesthetics Review Committee consisting of property owners, residents, the City of Miami, FHWA, FDOT, and SHPO to advise the FHWA and FDOT regarding appropriate design elements for the replacement bridge as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. • The historic catwalks associated with the three Miami River Inn buildings, 104 South River Drive (8DA195), 428 SW 1st Street (8DA3042), and 438 SW 1st Street (8DA3043), located within the South River Drive Historic District shall remain and be incorporated into the design of the new bridge. This design shall maintain the historic, physical connection between the buildings in the historic district and the bridge as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. • The FDOT shall perform recordation measures prior to demolition of the bridge as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. • The FDOT will be responsible for the implementation of Florida Historical Markers through the Florida Division of Historical Resources Marker Program, as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. • The FDOT shall prepare a brief multimedia DVD to provide an educational tool for interested local schools, History Miami, Florida Room of the Miami -Dade County Main Library, and appropriate and interested agencies and parties as specified in the • Memorandu i,�ofAgreement between FDOT, SHPO and FHWA. • The FDOT shall perform archaeological monitoring during ground disturbing activities associated with the bridge replacement and for any ground disturbing activities incident to road reconstruction as specified in the Memorandum of Agreement between FDOT, SHPO and FHWA. PD&E Commitments Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk BARC Advisory Input • Aesthetics of Bridge Control House • Treatment of Bridge Approach Spans Retaining Walls and Abutments • Decorative Lighting • Bridge Pedestrian Railing • Colors of Bridge Elements • Landscaping/Hardscaping Steel Superstructure and Concrete Substructure BRIDGE REPLACEMENT ye5 'orraa� Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk PD&E Aesthetics • The bridge represents a gateway into downtown Miami and as such, its appearance should enhance this gateway. • The bridge control house will reflect the architectural style of the adjacent neighborhood and will define the overall bridge architecture. • The bridge will also complement the other bridges along the Miami River. Flagler St Submitted into the public Record for itern(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for iuem(s)pZ. 4 onO7/O9/l0l5'City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09 /2015, City Clerk Hrickell ('ottage/104 SW South River Drive South River Drive NREIP historic District APE NRHP Historic District Local historic District SW 1st Street 13ridue Conlributiug Resource to Local and NRHP Historic District South River Drive Local Historic District 2n()P I eactOgg,to'nsultrng :'�, , ;x c,:, 2009 TL le rAtlas Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, Ci!y Clerk • Miami River Inn Cottages built in 1908 — Direct Access to SW 1st St.(fka 13th St.) • Bridge built in 1929 — Resource to S. River Dr. Historic District — Eliminated Direct Access — 3 Catwalks restore direct access • J.W. Warner House built in 1912 — Home to Miami Hispanic Cultural Arts Center Art/Theater �fiil:Rlti •. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, Cit / Clerk Brickell Ave )ubmitteri into the public iecord for item(s) PZ. 4 )n 07/09/2015, City Clerk submitted into the public Record for item(s) PZ. 4 Dn 07/09/2015, City Clerk Control House Concepts 1 & 2 - Traditional BRIDGE REPLACEMENT Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Traditional Control House Alternative 1 >ubmitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Traditional Control House Alternative 2 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Traditional Control House Alternative 3 4,0 BRIDGE REPLACEMENT S�^"Or TJ16 Submitted into the public record for item(s) PZ. 4 on 07 OS 2015, Ci,y Clerk Traditional Control House Alternative 4 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Rendered Traditional Control House Alternatives Submitted into the public Record for item(s) PZ. 4 on 07 09 Zo15, City Clerk Traditional Control House Context View Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Traditional Control House Context View Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Control House Concept 3 Hybrid: Contemporary /Traditional Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Hybrid Control House Alternative 1 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Hybrid Control House Alternative 2 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Hybrid Control House Alternative 3 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Hybrid Control House Context View Submitted into the public Record for hem(dpZ. 4 onO7/O9/2O15'City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Approach Spans Retaining Walls and Abutments SW Approach Span Wall Adjacent to Miami River Inn Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Retaining Walls —Cultural Celebration Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Retaining Walls —Miami River Industry Theme Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Bridge Abutment — Miami River Industry Theme Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk Bridge Abutment — Indigenous Theme vaIJ "1!J'STOZ/60/L0 uo 'Zd (s)waa! aoj paopaa o!Ignd aye mu! pawwgns Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 17 Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk IN THE CIRCUIT COURT OF THE I ITM JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA CIVIL DIVISION CASE NO. 2.1S- I Z ► 09 CA 01 MANNY SEAFOOD CORPORATION, a Florida corporation Plaintiff, vs. THE FLORIDA TRUST FOR HISTORIC PRESERVATION, INC., a Florida non profit corporation. Defendant, COMPLAINT Plaintiff, MANNY SEAFOOD CORPORATION, a Florida corporation ("Owner") by an through its undersigned counsel sues Defendant, THE FLORIDA TRUST FOR HISTORIC PRESERVATION, INC., a Florida non-profit corporation ("Florida Trust"), and alleges: 1. This is an action to quiet title and to partially extinguish an easement concerning real property located at Miami -Dade County and for declaratory relief pursuant to Florida Statutes Chapter 86 and is otherwise within the subject matter jurisdiction of this Court. 2. Plaintiff. Owner, is a Florida Corporation authorized in conducting business in Miami -Dade County, Florida. 3. Plaintiff, Owner is the Owner of the real property located at 109 SW South River Drive, Miami, FL 33130 and legally described in the attached Exhibit "A". The subject real property is hereinafter referred to as the "Property". Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 4. On or about December 21, 2001, Owner's predecessor in interest executed the Preservation and Conservation Easement attached hereto as Exhibit "B" according to the Official Records of Miami -Dade County, FL at Official Records Book 20108 Page 0744 through Page 0757 attached hereto es Exhibit "B" the "Easement". 5. The Grantee of the Easement is identified as "The Trust For Public Land" ("Grantee") a non-profit corporation of the State of Florida, whose address is 116 New Montgomery, 4th Floor, San Francisco, CA 94105. 6. Upon information and belief, the Grantee assigned the Easement to the Florida Trust pursuant to the Assignment of Preservation and Conservation Easement attached hereto as Exhibit "C". 7. Defendant, Florida Trust is a Florida non-profit corporation authorized and conducting business throughout the State of Florida including Miami -Dade County, Florida. 8. The express purpose of the Easement is to maintain the "contributing structures" which "reflect later significant architectural styles such as art deco and post -World War II modern, all illustrating aesthetics of design and possessing integrity of materials and workmanship". 9. On or about November 28, 2001, the Unsafe Structure Board of the City of Miami recommended that the structure located on the Property be demolished. 10. On or about September 12, 2003, the Historic and Environmental Preservation Board of the City of Miami approved a Certificate of Appropriateness for the demolition of the subject building located on the Property. As a result the only structure upon the Property was demolished. 11. Upon information and belief the Property has since remained vacant. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 12. Plaintiff purchased the Property as vacant land during 2011. 13. Based upon the foregoing, upon information and belief, the purpose of the Easement no longer exists. 14. All conditions precedent to this action have occurred, have been waived, or excused. 15. Owner retained undersigned counsel to prosecute this cause on its behalf and is bound and obligated itself to pay its attorneys a reasonable fee for their services in connection herewith. COUNT I- ACTION FOR DECL&RATORY RELIEF Plaintiff realleges paragraphs 1-15 above and for Count I of its Complaint and further alleges, as follows: 16. This is an action for declaratory relief pursuant to Florida Statutes Chapter 86. 17. Based upon the foregoing, Plaintiff, upon information and belief, believes that the purpose of the Easement no longer exists and that the Easement was assigned to The Florida Trust for Historic Preservation, Inc., a Florida non-profit corporation ("Florida Trust"). 18. The foregoing notwithstanding, the Easement continues to exist in the public records. 19. Accordingly, Owner is in doubt and/or uncertain as to the existence of some right, status, immunity, power, or privilege. Owner wishes to have the ability to freely alienate its Property which is in the public interest. 20. Based upon the above facts alleged, Plaintiff/Owner has an actual, practical and present need for declarations sought. Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk 21. There is a bonaflde controversy, justiciable, in the sense that it flows out of same definite and concrete assertion of right which involves legal equitable relations between the parties having an adverse interest with respect to the declarations sought. 22. The dispute is not hypothetical or propounded out of curiosity. WHEREFORE, Plaintiff/Owner requests that this Court declare the Easement extinguished, of record, with respect to the Property only, that no amounts are due to the Florida Trust from Owner, declare the Assignment attached as Exhibit "C" effective, declare that the extinguishment of the Easement is binding upon all parties and may be recorded in the public record and making such further declarations as are necessary to clear title to the subject property and to do justice between the parties. CQUNT I1- UVIET TITLE Plaintiff realleges 1-15 above and for Count Il of its Complaint further alleges as follows: 23. This is an action to quiet title and extinguish the Easement. 24. Based upon the facts alleged, the purpose of the Easement no longer exists and therefore same should be extinguished of record as to the Property. 25. The necessary parties are before the Court. 26. Plaintiff will be prejudiced, harmed and damaged should the Easement not be extinguished as to the Property. 27. Plaintiff continues to be harmed by the existence of the Easement and continues to suffer monetary damages as a result thereof. WHEREFORE Plaintiff requests that the Court quiet title to the subject Property, extinguish the Easement of record as to the Property and allow the Court's Order to be recorded Submitted into the public Record for item(s) PZ. 4 on 07/09/2015, City Clerk and award such further or different relief this Court deems just and proper under the circumstances. 4,11 I Dated: irreitanlai , 2015 LEVINE & PARTNERS, P.A. ATTORNEYS FOR PLAINTIFF 3350 MARY STREET MIAMI, FLORIDA 33133 Phone: (305) 372-1350 Facsimile: (305)372- Email: asrcom BY. • S. REISS, ESQUIRE FLORIDA BAR NO: 858500