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HomeMy WebLinkAboutResolution Zoning 98-Z- 11 RESOLUTION NO. 98-Z-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A DISTRICT BOUNDARY CHANGE FROM BU-1 TO BU-1A; APPROVING A SPECIAL EXCEPTION TO PERMIT SITE PLAN APPROVAL FOR AN EXISTING COMMERCIAL DEVELOPMENT WITH CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hal Investment System, Inc., and Bilke Enterprises, Inc., have applied for the following: 1. District boundary change from BU-l to BU-IA. 2. Special exception to permit site plan approval for an existing commercial development. 3. Non-use variance of Zoning Regulations requiring a 5' high decorative masonry wall where a business lot abuts residentially zoned property, to waive same to omit the wall along the west property line where it abuts residentially zoned property. 4. Non-use variance of parking regulations requiring a continuous, extensively planted greenbelt of not less than 5' be placed along all property lines abutting right-of-way lines when there exists parking between the required setback line and the official right-of-way line; to waive same. 5. Non-use variance of Zoning Regulations to permit a one-way drive with a width of9.91' (14' required). 6. Non-use variance of sign regulations to permit two detached signs (one permitted) and to permit the northerly sign setback 4' (7' required) from the right-of-way line of Collins Avenue and setback 2' (3.5' required) from the interior side (north) property line and to permit the southerly sign setback 5' (7' required) from the right-of-way line of Collins Avenue. Requests #1 through #6 on legal described as Parcel "A" 7. District boundary change from BU-l to BU-IA. 8. Special exception to permit site plan approval for an existing commercial development. 9. Non-use variance of Zoning Regulations requiring a 5' high decorative masonry wall where a business lot abuts residentially zoned property, to waive same to omit the wall along the west property line where it abuts residentially zoned property. Resolution 98-Z-11 -1- 10. Non-use variance of sign regulations to permit two detached signs (one permitted) and to permit the southerly sign setback 4' (7' required) from the right-of-way line of Collins Avenue and 172nd Street. Requests #7 through #10 on legal described as Parcel "B" 11. Modification of Condition #2 of Resolution 4-ZAB-15-86, passed and adopted by the Zoning Appeals Board on the 22nd day of January 1986, reading as follows: FROM #2: That in the approval ofthe plan, the same be substantially in accordance with that submitted for the hearing entitled "Parking Lot Site Plan," as prepared by Gilbert M. Fein, A.LA., Arch., dated 7-31-84 and revised 10-7-85. TO #2: That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Proposed Property Rezoning for Hal Investments Systems, Inc.," as prepared by Felix Pardo & Associates, Inc., dated 6-13-97, consisting of 3 sheets, along with plans entitled "Proposed Property Rezoning for Bilke Enterprises, Inc.," as prepared by Felix Pardo & Associates, Inc., dated 6-12-97, consisting of3 sheets, for a total of6 sheets. Purpose ofthe request is to permit the applicant to revise the previously approved plans in order to indicate a new configuration for the previously approved parking area. Request #11 on legals described as Parcel "C" & "D" LEGAL DESCRIPTION: See "Composite Exhibit "B" attached hereto and made a part hereof. ADDRESS: 17200-17276 Collins Avenue, Sunny Isles Beach. WHEREAS, the public hearing ofthe City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard; and WHEREAS, applicants withdrew all requests for non-use variances set forth as requests numbers 3, 4, 5, 6, 9 & 10, and upon due and proper consideration having been given to the matter and to the positive recommendations both the Zoning and Code Administrator and the Building Official of the remaining standing requests with respect to district boundary change and special exception for site plan approval subject to proffered set of covenants which shall be made part ofthis approval as Exhibit "A"; and WHEREAS, the City Commission finds that based on substantial competent evidence this district boundary change to be limited as set forth in the Declaration of Restrictive Covenants would be compatible with the area and in harmony with the general purpose and intent of the regulations and would have no adverse impact upon the public interest; Resolution 98.Z-ll -2- NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The district boundary change from BU-l to BU-IA be and the same is hereby approved and the special exception to permit site plan approval for an existing commercial development also be approved subject to the following conditions: A. The uses permitted upon the parcel be limited to only those uses specifically itemized in staff zoning report so as to prevent incompatibility with the surrounding BU-l district and as set forth in the Declaration of Restrictive Covenants attached hereto and made a part hereof as Exhibit "A". B. That the total parking space demand for all uses upon site not be permitted to exceed the number of parking spaces shown upon approved plan except to the grant of a variance by the City Commission subsequent to public hearing. C. The discontinuance of any parking space shown on the approved plan be prohibited without the express consent ofthe City Commission subject to a public hearing on the matter. D. That the applicant submit complete and detailed landscaped plans to the Building Official which demonstrate how the applicant proposes to bring the subject parcels into compliance with the adopted minimal landscape requirements of the City. E. That the existing one-way drive be completed eliminated by a means mutually acceptable to the applicant and Building Official. F. That all free standing signs be eliminated as shown on the approved plan no later than 45 days subsequent to the issuance of any Certificate ofU se and Occupancy for any BU-IA use upon the subject parcel. G. That the easternmost driveway upon the south property line be designated as "enter only" and the applicant shall erect directional signage approved by the Building Official to accomplish this end prior to the issuance of any Certificate of Use and Occupancy for any permitted BU-IA use. H. That a site plan be submitted to and meet with the approval ofthe Building Official upon the submittal of an application for a building permit; said plans to include among other things but not limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. I. That in the approval of the plan, the same be substantially in accordance with that Resolution 98-Z-11 - 3- submitted for hearing entitled "Proposed Property Rezoning for Hal Investments, Inc." prepared by Felix Pardo & Associates, Inc. dated 6/13/97 consisting of3 sheets, along with plans entitled "Proposed Property Rezoning for Bilke Enterprises, Inc." prepared by Felix Pardo & Associates, Inc. dated 6/12/97, consisting of3 sheets, for a total of 6 sheets. 1. That the use be established and maintained in accordance with the approved plans. K. That the applicant voluntarily proffered a declaration of restriction acceptable to the Building Official restricting the uses permitted on the property but not limited to, time of operation of business and construction of masonry wall along the rear. L. That the applicant submit to the Building Official for its review and approval a landscaping plan which indicates the type and size of plant material prior to the issuance of a building permit and to be installed prior to the issuance of a Certificate of Use and Occupancy. M. That the applicant comply with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. N. That the applicant obtain a Certificate of Use and Occupancy from the City, upon compliance with all terms and conditions, the subject to cancellation upon violation of any of the conditions. O. That the applicant comply with all applicable conditions and requirements of the public Works Department as contained in their Memorandum pertaining to this application P. That the applicant be restricted to the following uses for the subject property; all uses permitted in BU-l and to permit the following BU-IA uses as per sec. 33-247 of the Miami-Dade County Zoning Code: 1. Adult Day Care Center. 11. Amusement Center as permitted by conditions as provided on the Declaration of Restrictions. 111. Automobile new parts and supplies with no repairs on premises. IV. Bait and tackle shop. v. Banks, including drive-in teller service. VI. Dancing school or Academy. V11. Dog and pet hospitals in air-conditioned buildings. V111. Dry cleaning establishments. IX. Electrical appliance and fixtures stores including related repair shops. x. Employment agencies. Xl. Furniture stores, retail of new merchandise only. Resolution 98-Z-ll -4- XlI. Grocery stores. X111. Handcrafted- products shop. XIV. Junior department stores. xv. Lawn mowers, retail, sales and service. XVI. Package stores. XVlI. Pet shops and beauty parlors in air-condition buildings. XV111. Post office stations. XIX. Restaurant providing an accessory children's outdoor playground. xx. Supermarkets XXI. Tailor shop. XXlI. Telegraph station. XX111. Telephone exchange. XXIV. Variety stores. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 28. day of May, 1998~ ~ David Samson, Mayor ATTEST: . ,,""-" ...", . j"~ \1(,,," 1;~ de. .. ~ ....~ ~ "I~ ' ~ lo/~tty ..,'J ~w 0 ~J~~",v" :.I;......... ';'7//\.",.. . ('." "'~. 'i ~~ ~: il--1 .:. ~,,_..... \' ~\ '-0\ 1\... \.(;;. t,t ".... \." .'. ".'.. 'fl "1)). ...,...~, ',) ~~I:!~in~6V~D AS TO FORM AND LEGAL SUFFICIENCY: Commissioner Morrow moved and Commissioner Iglesias seconded approval of the requested zoning modifications, and upon a roll call the vote was 4 - 1 in favor: Vote: Resolution 98-Z-11 -5- Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Resolution 98-Z-11 ~es L,yes JLyes dYes ..dYes -6- ~o no no no no STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, RICHARD BROWN-MORILLA, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 97-Z-11 adopted by the City Commission at its meeting held on the 28th day of May, 1998. ; ": ~L-!~~\l~ r~I;:~' Richard Brown-Morilla:' . '. ! 1 / ,'.' City Clerk ' ,J' ,\ . ',. ~~'. - ',' 'I:' , \ , )... ! ..... f ~ ~ \ \ J Resolution 98-Z-11 -7- This instrument was prepared by: Name: Howard B. Herskowitz, Esquire Address: 212 S.E. 8th street Ft. Lauderdale, Fl. 33316 (Space reser~ed for Clerk) DECLARATION OF R~CWRIC'l'IOIIS DOW ALL lIB BY 'l'BBSB PRBSDI'lS that the undersigned, OWner(s) of the following described property (the "Property") being and situated in Sunny Isles Beach, Florida, to wit: 17200-17250, 17254-17276 and 17300 - 17310 Collins Avenue. SBB ATTACHBD PARCELS "A" and "8" and that the undersigned Tenant of 17200 Collins Avenue, located within Parcel "B", American Consolidated Amusements,as this Declaration applies to them, IN ORDER TO ASSURE the City of Sunny Isles Beach that the representations made by the OWners and Tenant, during consideration of the OWner's application for a district boundary change will be abided by the OWner and said Tenant, freely, vOluntarily, and without duress, tbe OWner, and said Tenant, make the following Declaration of Restrictions covering and running with the Property: 1. That said Property shall be developed substantially in accordance with the plans previOUSly submitted by Felix Pardo, dated ana last revised the 12th day of June, 1997, entitled "Proposed Property Rezoning for Bilke Enterprises, Inc. , .. consisting of three sheets, along with plans dated and last reviSed the 13th day of June, 1997, entitled "Proposed Property Rezoning for HAL Investment Systems, Inc.", consisting of three sheets, for a total of 6 sheets. Said plans being on file with the 8uilding Department, and by reference made a part of this Agreement. 2. The following restrictions shall apply solely to the Property located at 17200 Collins Avenue, (Parcel "8"), currently occupied by the Tenant, Amerioan Consolidated Amusements, and only for so long as the Property is occupied for the use of an Adult Musement Game Enterprise: a. No individual under the age of 18 will be permitted on the premises. b. There will be no live music performances on the premises at any time. r..l..t\aonres&x.oov EXHIBIT 'iV' DECLARATION OF RESTRICTIONS (revision B.) Page 2. c. There will be no liquor or food served on the premises at any time, except food or non-acholic beverages from a properly license vending machine. d. A full time security guard will be on duty at all hours of operations at the facility to oversee the operation of the facility and to ensure the age limitation is strictly adhered to. e. Hours of operation shall be limited from: 10 A.M. to 12 A.M. , f. owner agrees that there shall be no more than one amusement center use upon the entire subject property at any given time and that once approved, owner and Tenant (American Consolidated Amusements) agree that, no expansion or intensification of any kind shall be permitted wi thout being approved by the city at public hearing. 3. Owners agree to construct a masonry wall along the abutting line between the subject property's western parking lot and the RU-4A to the west no later than 90 days after the issuance of a certificate of Use and OCcupancy for any BU-1A use. A Certificate of Occupancy may be issued once the Tenant or its representative submits to The City of Sunny Isles Beach a certified engineering report confirming the value of the construction of the wall and Tenant shall have furnished to the city a bond in the amount of 120% of the value of the construction of said wall. r_1_t\zonrestll.COV DECLARATION OF RESTRICTIONS Page 3. 4. Conditions: That the applicant following uses for the subject property; 1 and to permit the following BU-1A uses Miami-Dade Zoning Code: a) Adult Day Care Center. b) Amusements as permitted with conditions as provided above. c) Automobile new parts and supplies with no repairs on premises. d) Bait and tackle shop. e) Banks, including drive-in teller service. f) Dancing school or Academy. g) Dog and pet hospitals in air-conditioned buildings. h) Dry Cleaning establishments. i) Electrical appliance and fixtures stores including related repair shops. j) Employment agencies. k) Furniture stores, retail of new merchandise only. 1) Grocery stores. m) Handcrafted - products shop. n) Junior department stores. 0) Lawn mowers, retail, sales and service. p) Package stores. q) Pet shops and beauty parlors in air-condition buildings. r) Post Office stations. s) Restaurant providing an accessory children's outdoor playground. t) Supermarkets. u) Tailor shop. v) Telegraph station. w) Telephone exchange. x) variety stores. be restricted to the all uses permitted in BU- as per sec. 33-247 of the r..l..~\.onre.~x.eov Dcchlralion of Restrictions p<l!;c'4 .. Citv Inspcction. As further part of this Declaration. it is hercby understood and agreed that any oflidal inspector of the City of Sunny (sics Beach. or its agents duly autIlOrized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to det~rmine whether or not the requirements of tile building and zoning regulations and tile conditions herein agreed to arc being complied with. Covenant Runninl! with the Land. This Declaration on tile part of the Owner shall constitute a covenant running with the land and may be recorded. at the Owner's expense, in Ule public records of Miami-Dade County, Florida and shall remain in lull force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shalI be for the ' benefit of, and limitation upon, alI present and future owners of Ule real property and for the public welfare. Term. TIus Declaration is to run with Ule land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of Ule Property has been recorded agreeing to change the covenant in whole, or in part, provided that Ule Declaration has first been modified or released by the City of Sunny Isles Beach. Modification, Amendment. Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, Ulen, owner(s) of all of thc Property, including joinders by all mortgagees, if any, provided that tile same is also approved by Ule Building Official of the City of Sunny Isles Beach, or the executive officer of Ule successor of such Department, or in the absence of such official or executive officer by his assistant in charge of the office in his absence. Should Ulis Declaration of Restrictions be so modified, amended or released, the Building Official of SUlUlY Isles Beach, or Ule executive officer of Ule successor of such Department, or in the absence of such official or executive officer by Ius assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements alIowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shalI be in addition to any other remedies available at law, in equity or both. Declaration of Restrictions Page '5 Authorization for the City to Withhold Permits and Inspections. In Ole event Lhe terms of Lhis Declaration are not being complied wiLh, in aadition to any oLher remedies available, Lhe City is hereby auLhorized to withhold any furLher permits, and refuse to make any inspections or grant any approvals, until such timc as Lhis declaration is complied with. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and Lhe exercise of anyone or more shall nciLher be deemed to constitute an election of remedies, nor shall it prccludc the party exercising Ole same from exercising such oLher additional rights, remedies or privileges. Presumption of Compliance. Where construction has occurred on Lhe Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by Ole City, Lhen such construction, inspection and approval shall create a rebuttable presumption tllat tlle buildings or Structurcs tlms constructed comply wiLh tlle intcnt and spirit of tltis Declaration. Severabilitv. Invalidation of anyone of Lhese covenants, by judgment of Court, shall not affect any of the oOler provisions which shall remain in full force and effect. Recordinl!. 11tis Declaration shall be recorded, at owner's expense, in the public records of Miami-Dade County, Florida. DECLARATION OF RESTRICTION~ (revised) ~ - Page 6 Signed, witnessed, executed and acknowledged this day of March, 1998 As to Bilke Enterprises, Inc., the OWner of 17200 through 17276 Collins Avenue. zs--M N~e~~ {)~,yAt~ C. 8/ft-L Print Name: As to HAL Investment Systems, Inc., the OWner of 17300 through 17310 Collins Avenue. wi~ses:~_k' / ~~ """'d/ .--- -Z;:;~fS,jl e~~'rr /print Name: J0~e~~ tJ"/IJ/f'~ Q ~, If!?}., t. Print Name: STATE OF FLORIDA ) :ss COUNTY OF DADE ) --r---. The foregoing instrument was acknowledged before me this C7~ day of March, 1998, by Howard B. Hers , who is personally known to me. ..\~~~~~I""'I !~.. 'fii~\ SUSAN e. WlNICIlR : . ;.: MY COM,."SS....., cc ..~i ~ "'11 191. '... ~ ~P1RES: Aplff 8. 1_ '~1lII\INotaIyPulllic~ Notary Name: Commission Number: My Commission Expires: reale.t\zonrest2.cov DECLARATION OF RESTRICTIONS (revised) Page 7 Signed, witnessed, executed and acknowledged this day of March, 1998 As to American Consoli,dated Amusements, the Tenant of 17200 Collins Avenue. :2 .>---1 t:J L~srr-IL Print Name: S/c4ll&l STATE OF FLORIDA ) :ss COUNTY OF DADE ) The foregoing instrument' was acknowledged before me this :J..5J day of March, 1998, by Jeffrey steiner,who is known personally to me or has produced as identification. My Commission Expires: 7o~a,f2 c-. ~ Notary Public Name: Commission Number: '11I:~/~III1IIIIII1IIII1I1IIII1I1"''''IIIIINIIIIIII. < : ~'\~.. ~8~ Donald C. Ball )< . ~ ... NotaIy ~~Iic, State of Florida ~ ~ If COnunisslon No, CC 626235 < ; 'OFf\.~ My COmmission Exp. 03/03/2001 ~ ',:::~;.NOTAAY. Fla.N~SeMce&B' ( , "'))'~~';';';';';';';,;,;,;,;\'..,..,..,w,,\,~,..,....,:,),,>),;,;~~.:, ( realest\zonrest2.coV , . Page 10 PARCEL uN' lEGAL DESCR'P119N frevJseq) A PORTION OF THE SOUTH 100.00 FEET OF THE EAST 600.00 FEET OF THAT PORTION OF TRACT 3, OF "TATUM'S SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT. BOOK 10, AT PAGE 64, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, .WH/CH LIES WEST OF THE WESTERL Y RIGHT-OF-WAY OF STATE ROAD A-1A, AND BEING MORE PARTICULARL Y DESCR/BED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF SAID TRACT 3 AND THE WESTERLY RIGHT -OFWA Y LINE OF STATE ROAD A-l-A, THENCE RUN S, 87'17'35" W" ALONG THE SOUTH LINE OF SAID TRACT 3, A DISTANCE OF 217.39 FEET; THENCE RUN N, 02'42'25" W" AT RIGHT ANGLES TO THE PREVIOUS AND NEXT DESCRIBED COURSE, A DISTANCE OF 100.00 FEET; THENCE RUN N. ar17'3S" E., ALONG A LINE 100.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID TRACT 3, A DISTANCE 227,26 FEET TO' THE VI/ESTERLY RIGHT-(1F-WA.Y LINE OF SAiD STATE: ROAD; THENCE S. 02'55'45" W., ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 100.48 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING O-S3.3tACRES AND LYING AND BE!NG IN DADE COUNTY, FLORIDA. . PARCEL "8" LEGAL DESCRIPTION Lot 31 of SOlITH SHORE ESTATES accor~ng to the Plat thereof a:s recorded in Plat Book 52 at Page 69 of the Public RecortcJs of Dade County, Ronda, Together and Contiguous with: ' That portion of the North 100.00 feet ofTraqt 2 ofTATUMS SUBDMSION . according to the Plat thereof as recorded in .~Iat Book 10 at Page 69 of the Public Records of Dade County, Aorida, which is qounded on the East by the Westerly Ri ht-of..;.Way line of State Road A-1A (aka) Collins Avenue and State Bead No. 1 ~ recorded in Plat Book 45 at Page 39 of!he Public Reco~ of Dade Co~ly, Florida, and bounded on the West by the N<?rtherfy prolongation of the West hne of said Tract 31. , AU of the above lying and being in S~ori 111, Township 52 South, Range 42 East in Miami-Dade County, Florida. , PARCEL "An LEGAL OESCRIP~~ A PORTION OF THE SOUTH 100.00 FEET OF THE EAST 600.00 FEET OF THAT PORTION OF TRACT 3, OF "TATUM'S SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT-BOOK 10, AT PAGE 64, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, .WHICH LIES WEST OF THE WESTERLY RIGHT-OF-WAY OF STATE ROAD A-'IA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF SAID TRACT 3 AND THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A, THENCE RUN S. 87017'35" W., ALONG THE SOUTH LINE OF SAID TRACT 3, A DISTANCE OF 217.39 FeET; THENCE RUN N, 02042'25" 'N., AT RIGHT ANGLES TO THE PREVIOUS AND NEXT DESCRIBED COURSE, A DISTANCE OF 100.00 FEET; THENCE RUN N. 8r17'3S" E., ALONG A LINE 1 00.00 FEET NORTH OF AND PARALLEL vVITH THE SOUTH LINE OF SAID TRACT 3, A DISTANCE 227.26 FEE.T TO.T! iE 'NESTERL'( RIGHT-Of.vo./AY LINE OF S,L\iO STATE ROAD; THENCE S. 02"55'45" \/'1., ALONG SAID WESTERLY RIGHT-OF..WAY LINE, A DISTANCE OF 100.48 FEET z TO THE POINT OF BEGINNING. SAID LANDS CONTAINING O.533tACRES AND LYING AND BE!NG IN DADE COUNTY, FLORIDA. Composite Exhibit "B" PARCEL "B" LEGAL DESCRIPTION Lot 31 of SOUTH SHORE ESTATES accOrding to the Plat thereof as recorded in , I' Plat Book 52 at Page 69 of the Public ReCof!ds of Dade County, Rorida, Together and ContiQI-Dus with: That portion of the North 100.00 feet ofTraqt 2 ofTATUMS SUBDMSION according to the Plat thereof as recorded in plat Book 10 at Page 69 of the Public Records of Dade County, Aorida which is QOunded on the East by the Westerly Right-of-Way nne of State Road A-1A (ak.a) CotrmsAvenue and State ~oad No. 140 recorded in Plat Book 45 at Page 39 of the Public Records of Dade County, Flori~ and boUnded on the west by the NQrtherfy prolongation "of the West line of said Tract 31. AU of the above lying and being in Section 111, Township 52 South. Range 42 East in Miami-Dade County, Florida, PARCEL "C" I-EGAL DESCRIPTION Lot 30 of SOUTH SHORE ESTATES according to the Plat thereof as recorded in ; . Plat Book 52 at Page 69 of the Public RecrVds of Dade County, Florida, Together and Contiguous with: That portion of the North 100.00 feet of TraCt 2 ofTATUM7S SUBDMSION according to the Plat thereof as recorded infPlat Book 10 at Page 69 of the Public Records of Dade County, Aorida, which is bounded on the East by the Northerly Prolongation of the East line of Tract 30 of ~id Plat BoOk 52, Page 69, ~nd ' bounded on the West by the Northerly prolongation of the West fine of said Tract 30. . r All of the above lying and being in Section 1'1, Township 52 South. Range 42 East in Miami-Dade County, Aorida. '. , I PARCEL "D" LEGAL DESCRIPTION Lot 29 of SOlITH SHORE ESTATES accO~ng to the Pfat thereof as recorded in Plat Book 52 at Page 69 of the Public Recorids of Dade County, Ronda, Together and Contiguous with: That portion of the North 100.00 feet of TraCt 2 of T A TUMS SUBDMSION according to the Plat thereof as recorded tn flat Book 10 at Page 69 of the Public Records of Dade County, Ronda, whidl is tpunded on the East by the Northerly Prolongation of the East of Tract 29 of said Plat Book 52, Page 69, and bounded on the West by a line Beginning at a Poi~ 00 the North fine of said Tract 29 and being 1023 feet East of the NorthweSt comer of said Tract 29; ThenCe I .' NOSdeg38min10secE for a distance of10t?f3 feet to a Point on the North line of said TRACT 2 of said Plat Book 1 0, at Pace 69, also being the Point of Termination. All of the above tying and being in Sedio~ 10 I Township 52 South, Range 42 East in MJami-Dade County, Rorida. '