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HomeMy WebLinkAboutApplication & Supporting DocumentsWEISS SEROTA HELFMAN MITCHELL BIERMAN, P.A. COLE BIERMAN & POPOK, P.L. MATEO ARIAS MITCHELL J. BURNSTEIN, P.A. ELISA N. BRAMBLE JAMIE ALAN COLE, P.A. ATTORNEYS AT LAW SONJA C. DARBY STEPHEN J. HELFMAN, P.A. DANIEL A. ESPINO MICHAEL S. POPOK, P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY ERIC P. HOCKMAN JOSEPH H. SEROTA, P.A. INCLUDING PROFESSIONAL ASSOCIATIONS SCOTT M. HYMAN SUSAN L. TREVARTHEN, P.A. KELLY RAINS JESSON RICHARD JAY WEISS, P.A. MIAMI-DADE OFFICE KAREN LIEBERMAN* DAVID M. WOLPIN, P.A. JUSTIN D. LUGER 2525 PONCE DE LEON BOULEVARD MIA R. MARTIN DANIEL L. ABBOTTALEIDA * MARTINEZ MOLINA LILLIAN M. ARANGO SUITE 700 EDWARD EDWARD MARTOS IGNACIO G. DEL VALLE CORAL GABLES, FLORIDA 33134 TERENCE L. MCKINLEY* JEFFREY D. DECARLO KATHRYN M. MEHAFFEY ALAN K. FERTEL ROBERT A. MEYERS* CHAD S. FRIEDMAN TELEPHONE 305-854-0800 GILBERTO PASTORIZA** ALAN L. GABRIEL * MARC C. PUGLIESE DOUGLAS R. GONZALES FACSIMILE 305-854-2323 GAIL D. SEROTA* EDWARD G. GUEDES WWW.WSH-LAW.COM ANTHONY C. SOROKA JOSEPH HERNANDEZ EDUARDO M. SOTO* ROGER S. KOBERT BROWARD OFFICE ALAN SWCHARTZSEID JOSHUA D. KRUT MATTHEW H. MANDEL 200 EAST BROWARD BOULEVARD * SUITE 1900 PABLO A. TAMAYO MATTHEW PEARL FORT LAUDERDALE, FLORIDA 33301 ON JOANNA G. LD M N* PETER D. WMA JOHN J. QUICK TELEPHONE 954-763-4242 •FACSIMILE 954-764-7770 ALICIA H. WELCH ANTHONY L. RECIO SAMUEL I. ZESKIND BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN OF COUNSEL ALISON F. SMITH MARC SOLOMON **SENIOR COUNSEL LAURA K. WENDELL JAMES E. WHITE January 9, 2015 Mr. Francisco Garcia Director Department of Planning & Zoning City of Miami 444 SW 21,d Avenue, 3 t Floor Miami, FL 33130 Re: Comprehensive Plan Amendment & Rezoning Applications (the "Applications") for property located at 2990 SW 36 Court (the "Property") Dear Mr. Garcia: Our firm represents Deel Realty, LLC ("Deel"). Deel is the owner of the Property. Deel is the owner of several car dealerships along Bird road, to -wit: Deel Volvo on the south side of Bird road east of SW 37 Avenue, Deel Volkswagen and Deel Audi on the north side of Bird road east of SW 37 Avenue, see attached copy of the aerial plan for the area. The Property is located immediately north of the dealership on the north side of Bird Road. Deel is requesting an amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") from Duplex Residential to Low Density Restrictive Commercial (the "Amendment") and rezoning the Property from T3-0 to T4 -L (the "Rezoning"). For the reasons outlined below the proposed Amendment and Rezoning are consistent with the Plan and compatible with the area. Analysis pursuant to Section 7.2.1.2.8 c.2(g) of Miami 21 Mr. Francisco Garcia January 9, 2015 Page 12 The Property is surrounded by Duplex Residential/T3-0 to the north; Light Industrial/D1 to the east and south and Low Density Restrictive Commercial/T4-L to the west. The Rezoning is consistent with Miami 21's successional zoning and is an extension of the abutting T4 -L district to the west. The Property will be serving the various dealerships owned by Deel which lie to the south, west and east of the Property from SW 37 Avenue to the Metro Rail. To the east the D1/Industrial boundary of Deel's properties on the east side of SW 36 Court across from the Property matches the north property line of the Property. To the west there are existing multi -family residential developments. Accordingly, the existing zoning and land use designation is no longer appropriate. Infrastructures are available with sufficient capacity to serve the Property. Attached to this letter are copies of Miami 21 maps indicating the surrounding land use and zoning transects, as well as, aerial overlays showing the surrounding properties and their uses. We look forward to your favorable review of these Applications. Please let us know if you have any questions or require additional information. GP/ms Attachments 2831003 cc: Dan O'Malley Very tn3�rs, Gilberto Pastoriza WEISSJEBOTA HELFMAN COLE BIERMAN & POPOK, P.L. City of Miami - Zoning Application Page 1 of 2 lau0. Rest Com Ught Industria http://maps.miatnigis.com/miamizoningsite/ 1/8/2015 City of Miami - Zoning Application Page 1 of 2 http://maps.miatnigis.com/miaTnizoningsite/ 1/8/2015 City of Miami - Zoning Application http://maps.miamigis.com/miamizoningsite/ Page 1 of 2 1/8/2015 City of Miami - Zoning Application Page 1 of 2 D1 do http://maps.miamigis.com/miamizoningsite/ 1/8/2015 REZONINGAPPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Deel Realty, LLC 2. Subject property address(es) and folio number(s): 2990 SW 36 Court Miami FL Folio No. 01-4116-019-0800' --ra-g 3. Present zoning designation(s): T3-0 4. Proposed zoning designation(s): T4 -L 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile r4us of, the subject property, including aerial photo of the site as to why the present zoning designon is' inappropriate and proposed zoning designation is appropriate. .91 6. One (1) original, two (2) 1107" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? .17 acres Rev. 07-2013 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? See letter of intent 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: 0 Planning, Zoning and Appeals Board 30 minutes and/or ❑x City Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3 -R, T3 -L, T3-0, T4 -R, T4 -L, T4-0, T5 -R, T5 -L, T5-0, T6 -R, T6 -L, Cl: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 O, T6-12 O, T6-24 O, D1, D2, D3, T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting pa *Fees over $ Signatur � Name Gilbertc ailing fee per package astoriza Telephone (305)854-0800 $1,500.00 $ 150.00 $ 4.50 $ 6.00 of a certified check, cashier's check, or money order. STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address 2525 Ponce de Leon Blvd. #700 Coral Gables, FL 33134 E-mail gpastoriza(a)-wsh-law.com The foregoing was acknowledged before me this day ofy 2015, by Gilberto Pastoriza, Esq. who is a(n) individual/partnerlgg_en corporation of Deel Realty, LLC, a Florida limited liability company. He/She is _ersona11 own to me or who has produced as identification and who did ( id not) to an oa (Stamp) Qature MARILYN SOMODEVILLA » * MY COMMISSION # EE 116532 N1"'EXPIRES: or13,1 OF FL° on d Thru Budget Notary Serwco 2015 Rev. 07-2013 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza, who being by me first deposes and says: That he/she is the downer or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, El including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owneFer legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Gilberto Pastoriza Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The .oregoing was acknowledged before me this day of 20, by Gilberto Pastoriza, Esq. who is a(n) individual/partne ent/corpo ation of Deel Realty, LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did id not) ta�C math. (Stamp) Signature PU s'0�; •• ,eio MARILYN SOMODEVILLA * * MY COMMISSION # EE 116532 EXPIRES; September 13, 2015 N�9rFOF F`oP\�v Bonded Thru Budget Notary Services Rev. 07-2013 REZONINGAPPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Deel Realty, LLC Percentage of Ownership See attached Exhibit "A" Subject Property Address(es) 2990 SW 36 Court, Miami, FL 2. List all street address(es) and legal subject property owned by any and al lists, if necessary. Street Address(es): See attached Exhibit "B" description(s) of any property located within 500 feet of the I parties listed in question #1 above. Please supply additional Legal Description(s): Gilberto Pastoriza Owner(s) or Attorney Name wner(s) or Attorney Sig STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this F day of V 4- 20 by Gilberto Pastoriza who is a(n) individual/partne aent/corporation of DftfrRealtv. LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification and w o did (did not) tales an oatl), n (Stamp) Sign tifr , MAILYNSOMODEVILLA * MY COMMISSION # EE 118832 EXPIRES: September 13 2016 Bonded %Budget Rev. 07-2013 EXHIBIT "A" Deel Realty, LLC is owned by Trust 23 II 52.4% Greenland Trust 27.6% Daniel O'Malley 20% Trust 23 II's beneficiary is Carlos Bellosta Greenland Trust beneficiary is Jose M. Bellosta EXHIBIT "B" 3673 Bird Road, Miami FL 2991 SW 37 Avenue, Miami, FL 3640 Bird Road, Miami, FL 3601 Bird Road, Miami, FL 3555 SW 29 Terrace, Miami, FL 3650 Bird Road, Miami, FL This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL ME BY THESE PRESENTS: That Deel Realty, LLC ("Owner") hereby makes, declares and imposes on the land legally described on as: Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida (the "Property"). The Declaration of Restrictive Covenants (the "Declaration") running with the title to the land set forth herein, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them. WHEREAS, Owner holds fee simple title to the Property; and WHEREAS, Owner wishes to assure the City of Miami that representations made by the Owner in connection with a comprehensive plan amendment and rezoning of the Property are complied with. NOW, THEREFORE, Owner hereby voluntarily agrees that notwithstanding the T4 -L transect on the Property, the following development limitations shall be placed on the Property. Setback: Any structures, building(s) and/or parking garage to be located on the Property shall be set back ten (10) feet from the Property's northern interior side property line. Landscape: The owner shall be required to landscape and maintain the ten (10) foot setback area described in Exhibit "A" with native trees and shrubs. Landscape plans for the ten (10) foot setback area, shall require the approval of the Director of the Planning Department of the City of Miami or its designee. 1. This covenant shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.. 2. The provisions of this instrument may only be amended, modified, or released by approval of the City Commission at a duly noticed public hearing, the cost of which shall be paid by the ' Owner. Any amendments, modifications or releases will require the approval and signature of the Director of the Planning and Zoning Department and that of the City Attorney as to legal form. 3. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 4. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 5. This Declaration of Restrictive Covenants shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense within thirty (30) days of it being accepted by the City. The Owner shall promptly submit to the Zoning Administrator a certified copy of the recorded Covenant. 6. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commission and/or any appropriate City Board or Department of City who retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. 2 WITNESSES Print Name: Print Name: STATE OF FLORIDA ) SS: COUNTY OF DADE ) DEEL REALTY, LLC a Florida limited liability company By: Print Name: Daniel J. O'Malley Its: Manager The foregoing instrument was acknowledged before me this day of , 2015 by Daniel J. O'Malley as Manager of Deel Realty, LLC, a Florida limited liability company, in the capacity aforestated; such person is (check one) [ ] personally known to me or [ ] has produced as identification. NOTARY PUBLIC PRINT NAME My commission expires: (Seal) 91 Approved as to Planning and Zoning: Francisco Garcia, Director, Planning and Zoning Dept. Approved as to Legal Form and Correctness: Victoria Mendez, City Attorney 0 EXHIBIT "A" The North ten (10) feet of Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida. 2831003 5 City of Miami -i op MIAMI 21 CODE — ZONING REFERRAL INC OR? BRATED 0 —690 Z) '18 Is C10 r 0 Address of property(ies): 2990 SW 36 Court Attached documents are for the following permit application: Waiver Appeal Warrant Appeal OVariance Fl Exception FlArnendment to the Code Other ❑ Special Area Plan D—Z-oning Change COMMENTS: Applicant seeks a successional zoning change pursuant to Article 7 Section 7.1.2.8(a):3, for zoning changes of less than nine (9) acres. Property has a P4 11--o zoning designation and seeks an up -zoning to T4 -L. Abutting Transect Zones are T4 -L and6 P 'k --, iV 1 131. Lot Area totals 7,512 square feet and has 54 feet of street frontage. 1 Officla� Ing Dat PLANNING AND ZONING DEPARTMENT PROJECTs REVIEW MEETING December 2G.2O14 Gilbert Pomtorizo. Esquire VV$iSo Gerota Helfnmn Cole Bierman @ Pomok 2525Ponce DeLeon Boulevard Coral Gables, FL 33134 Re: 2S90Southwest 36th Court, Application PR -14-162 Existing Zoning Designation: T3-0 Net District: Coral Way Dear Mr. Pastoriza: During our Pre -application meeting on December 23, 2014, you presented the following request: A rezoning per Article 7, Section 7.1.2.8 (a) (3)to allow the successional of land with less than nine (9)acres. The proposal is to change the zone from T3-0 to T4 -L for aland area nf7,5Y2square feet which has 54linear feet ofstreet Frontage unone street. The abutting transect zones are T4-Land C -Y, Based nnthe request, staff has prepared the following comments. Please note that said comments are not to be construed as a recommendation of approval. Staff's comments are: 1. The deadline tosubmit acomplete Rezoning application ksJanuary 16, 2015. 2. & school concurrency letter iS required; please contact /AiDa N1encin at 305.416.1425 with questions concerning the concurrency process. 3. The applicant shall also apply for a Land Use change from Duplex Residential to LVvv Density Restricted Commercial to correspond with the proposed rezoning. 4. If the applicant chooses to proffer restrictive covenant associated with the rezoning nequeat, the document shall be submitted with the rezoning application package for review and approval by the City of Miami's Lovv Department and Planning and Zoning Department prior to the anticipated Planning, Zoning, and Appeals Board public hearing. 5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. O. Be advised, that the Planning and Zoning Department n3san/es the right to OlGhg recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. *wo Sourxwcmr Senomo wxswus. T*mo FLoun. Mmm/. FL 33130 306,416�1400- wWW.w/Am/omv.CoM Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this supplementary information. The Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. Furthermore, the proposed Zone Change is subject to review and compliance with the requirements of all City departments, as applicable. Sincerely, 4L ac line Ellis n rll Cc: Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Processor 2990 SW 36 Court PR -14-162 Pre -Application comments Page 2 CFN: 20140626521 BOOK 29302 PAGE 768 DATE:09/09/2014 12:36:39 PM DEED DOC 3,000.00 SURTAX 2,250.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared by and return to: Lisette Pie Salazar Attorney at Law Key International Title & Escrow, Corp. 200 Crandon Blvd. Suite 311 Key Biscayne, FL 33149 305-361-6161 File Number: Calle,jas t Hint Parcel Identification No. 0.1-4116-019-0800 Above This Line For Recording Warranty Deed (STATUTORY FORM . SECTION 689.02, F'.S.) This indenture made this _a_day of August, 2014 between Antonio Calleias, a married man whose post office address is 1541 Brickell Avenue, #C1208, Miami, FL 33129 of the County of Miami -Dade, State of Florida, grantor*, and Dee] Realty, LLC, a Florida limited liability company whose post office address is 3650 Bird Road, Miami, FL 33133 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 8, Block 13, Overbrook Park, according to the plat thereof as recorded in Plat Book 3, Page 206, Public Records of Miami -Dade County, Florida. Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby frilly warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever, Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's or Grantor's Spouse's homestead within the ineaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property, Grantor's and Grantor's Spouse's residence and homestead address is: 1541 Brickell Avenue, #C1208, Miami, FL 33129. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleTimer CFN: 20140626521 BOOK 29302 PAGE 769 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written, Signed, sealed and delivered in our presence: State of Florida County of Miarni-Dade io a etas The foregoing instrument was acknowledged before me this day of August, 2014 by Antonio Callejas, who (_] is personally known or �A has produced 06[VjV4 3�r C S � as identification. [Notary Seal] `Pu liber USAHIMARR MY COMMISSION N Ff 053942 EXPIRES: September 15, 2017 �PilP t4, r Bonded Yhn+NAVYPOWCUndervmlers Printed Name: 1AL-,;,- A �1 1 Mfj.;yy „ My Commission Expires:' Warranty Deed (Staturary Form) - Page 2 DoubleTime, 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) BOUNDARY SURVEY Property Address: 2990 SW 36 COURT, MIAMI, FLORIDA 33133 LEGAL DESCRIPTION: Lot 8, in Block 13 of "OVERBROOK PARK", according to the plat thereof, as recorded in Plat Book 3, at Page 206, of the Public Records of Miami -Dade County, Florida. SURVEYOR'S NOTES: The above captioned Property was surveyed and described based on the above Legal Description: Provided by Client. This Certification is only for the lands as described. It is not a certification of Title, Zoning, Easements, or Freedom of Encumbrances. ABSTRACT NOT REVIEWED. There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. Accuracy: The expected use of the land, as classified in the Standards of Practice (5J-17FAC), is "Residential High Risk". The minimum relative distance accuracy for this type of boundary survey is 1 foot in 10,000 feet. The accuracy obtained by measurement and calculation of a closed geometric figure was found to exceed this requirement. Foundations and/or footings that may crossbeyond the boundary lines of the parcel herein described are not shown hereon. Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. Contact the appropriate authority prior to any design work on the herein -described parcel for Building and Zoning information. Underground utilities are not depicted hereon, contact the appropriate authority prior to any design work or construction on the property herein described. Surveyor shall be notified as to any deviation from utilities shown hereon. The surveyor does not determine fence and/or wall ownership. Ownership subjects to OPINION OF TITLE. Type of Survey: BOUNDARY SURVEY. North arrow direction and bearings are based on Recorded Plat Book 3, at Page 206 of the Public Records of Dade County, Florida. Elevations are based on the National Geodetic Vertical Datum (NGVD) of 1929. Bench Mark Used: N/A Flood Zone: "X" Base Flood Elev.: N/A as per Dade County, Florida. FEMA Panel Number: 120650-0457-LSEPTEMBER 11, 2009 This PLAN OF SURVEY has been prepared for the exclusive use of the entities named hereon. The Certificate does not extend to any unnamed party: - DEEL SALES, INC SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the BOUNDARY SURVEY of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17, Florida Administrative Code. Field Date: October 28, 2014 Job# RP14- 845 Pablo J. Alfonso P.S.M. Professional Surveyor & Mapper State of Florida Reg. No.5880 ;=%C7Y/'FL=G71NT LAND 8 U R V E Y D R S, I N CG . 6175 NW 153`' STREET, SUITE 321, MIAMI LAKES, FLORIDA 33014 Phone: 305-822-6062 " Fax: 30.5-827-9669 F:WUNDARY-SURVEY-NOTESU990 SW 36 COURT DEEL SITE C - MIAMI - NTS d - Page 1 of 2 BOUNDARY SURVEY SCALE.: 1" = 20' THERE ARE NO TREES TO BE LOCATED ON THIS PROPERTY II LOT 19— BLOCK 13 FIP. 1/2" S - CHAIN LINK FENCE FIP. 1/2" No I.D. No I.D. 0.2' � 0.3' N UTILITY W � SHED lzt x Ho ax N T13.0' 24.70' , �` 6,5' � n m 6 it o ' � O I C/ -)K F- O = o < 0 o n co N n J .z C Cn C v O CO CD 7Kp O Q) C7 � CSI o o � m N 0 � w Z n F 12.9' 16.6' - 24.10' a X e - `3 o f � S C 1` CRffU P ki KIf IGRI 0 Sa / c FIR 1/2" / No LD. j 208.99 — 'FIP. 1 2' 5 SIDEWALK FIR, -112"' . No I.D. No I.D. N) ;' ASPHALT PARKWA..Y p _- - lA MONUMENT LI w 50 FT. RfW -ASPHALT PAVEMENT o CEN7E RJW i ALS.W�-36TH CT. 24• ssm CURB GRASS i a LEGEND — Overhead Wire Line +� =Existing Elevations F.N. =found Nal - Conc. =Concrete R=Radius LAND BURVEYDRB, INC. 11 Wood Fence ® =Catch Basin F.I.R. =Found Iron Rebar U.E. =Utility. Easement A=Arc PHONE: 305-822-6062 * FAX: 305-827-9669 — Chain Link Fence ®=Water Meier F.I.P. =Found Iron Plpe/Pin D.E. =Drainage Eosement 4=Delta Iron Fence •o, =Power Pole F.N&D =Found Nail & Disc D.M.E.=Drainage Maintenance T=Tangent 6175 NW 153rd STREET SUITE 321 — —Monument Line SIP/R =Set Iron Pin/Rebor Easement �'--Cenieline A/C=Ai conditioner MIAMI LAKES, FL. 33014 Page 2 of 2 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Gilberto Pastoriza (First Name) (Middle) (Last Name) HOME ADDRESS: Weiss Serota Helfman Cole Bierman & Popok, P.L. (Address Line 1) CITY: Coral Gables 2525 Ponce de Leon Blvd., Suite 700 STATE: Florida ZIP: 33134 HOME PHONE: (3 0 5) 854-0800 CELL PHONE: EMAIL: gpastoriza@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: Deel Realty, LLC 3650 Bird Road (Haaress Line l) Miami, FL 33133 (Address Line 2) FAX: (305) 854-2323 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning and comprehensive plan applications for properties located at 3101-3145 West Flagler Street 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? R YES R NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until ex ' ion of a period of ter the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: -Signature Gilberto Pasto za Print Name Sworn to and subscribed before me this }moo 200 The foregoing instrument was acknowledged before me by l Q�f. jj iib��"'{^ who has produced as identification and/or is personalme and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI L/Ml �n " MY COMMISSION Notary EXPIRES: tpRY P� MARILYN R * P n* Enclosure(s) MMISSION # EE 116532 EXPIRES: September 13 2015 Doc. No.:86543 �r rEOF FV 41 Bonded Thru Budget Notary Services Page 2