Loading...
HomeMy WebLinkAboutResolution Zoning 99-Z- 35 RESOLUTION NO. 99-Z-35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A MODIFICATION OF CONDITION #2 OF RESOLUTION 98-Z- 15 PASSED AND ADOPTED ON THE 16TH DAY OF JULY, 1998; APPROVING SPECIAL EXCEPTION AND NONUSE VARIANCES, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 17070 Collins Avenue Shopping Center, Ltd., has applied for the following: 1. Modification of Condition #2 of Resolution 98-Z-15, passed and adopted by the City Commission of the City of Sunny Isles Beach on the 16th day of July, 1998 reading as follows: From #2: That in the approval of the plan, the same be substantially in accordance with that submitted for the July 16th Commission hearing, entitled "A ventura Beach Marina Apartments" prepared by Kobi Karp, consisting of 16 pages dated stamped received 7/31/98. To: That in the approval of the plan, the same be substantially in accordance with that submitted for hearing, entitled "Aventura Beach Marina Apartments" prepared by Kobi Karp, consisting of 12 pages dated stamped received 6/29/99 and landscaping plans prepared by Witkin Design Group consisting of 3 sheets dated stamped received 6/29/99. The purpose of this request is to allow the applicant to submit new plans showing 2 proposed apartment towers instead of the 3 approved towers. 2. Special Exception for site plan approval to permit an apartment development. 3. Non Use Variance of setback requirements to permit the proposed structure to setback varying from 19.16 ft (25 ft required) from the front (east) property line, setback 57.1 ft from the (north) property line and setback 115 ft from the (south) property line (162.69 ft required) from both property lines. 4. Non Use Variance of Zoning Regulation to permit all accessory buildings and uses (tennis, basketball court, pool and club house) on a site without a principal building (not permitted). LMD:ch 07/06/00-3:37 PM Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. Page 1 1 SUBJECT PROPERTY: Parcel 1 That part of the North 100 feet of Lot 2 of TATUM'S SUBDIVISION, also known as TATUM'S OCEAN PARK., and also known as SUBDIVISION OF GOV'T. LOT 6 SEC. 2-52-42 & GOV'T LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat Book 10, Page 64, of the Public Records of Dade County, Florida, lying West of State Road A-I-A (fronting Collins Avenue and running in a Westerly direction to North Biscayne Bay), LESS the East 400 feet thereof, and excepting therefrom that portion lying within the right-of-way of the INTRACOASTAL W A TERW A Y, as shown in Plat Book 37, Page 4, of the Public Records of Dade County, Florida; TOGETHER WITH: Parcel 2 Lot 14 through 18, of SOUTH SHORE ESTATES, according to the Plat thereof, recorded in Plat Book 52, Page 69, of the Public Records of Dade County, Florida; TOGETHER WITH: Parcel 3 All of the South 300 feet of the North 400 feet of Lot 2 of TATUM'S SUBDIVISION, also know as TATUM;S OCEAN PARK., and also know as SUBDIVISION ofGOV'T. LOT 6 SEC. 2-52-42 & GOV'T. LOTS 1,2, 4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat Book 10, Page 64, of the Public Records of Dade County, Florida, lying contiguous with and Westerly of, the West lines oflots 15, 16, and 17, of SOUTH SHORE ESTATES, as shown in Plat Book 52, Page 69, of the Public Records of Dade County, Florida, and lying Easterly of the East right-of-way line of the Intracoastal Waterway, as shown in Plat Book 37, Page 4, of the Public Records of Dade County, Florida; TOGETHER WITH: Parcel 4 All of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, also know as TATUM'S OCEAN PARK, and also known as SUBDIVISION ofGOV'T. LOT 6 SEC. 2-52-42 & GOV'T. LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof, LMD:ch 07/06/00-3:37 PM Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. Page 2 2 recorded in Plat Book 10, Page 64, of the Public Records of Dade County, Florida, lying Westerly of a line constituting as extension Southerly for a distance of 100 feet to the line dividing Lots 13 and 14 of SOUTH SHORE ESTATES, as shown on the Plat recorded in Plat Book 52, Page 69, of the Public Records of Dade County, Florida, and lying Easterly of the right-of-way line of the INTRACOASTAL WATERWAY as shown on Plat Book 37, Page 4, of the Public Records of Dade County, Florida; LESS: The following described property taken in eminent domain proceedings by DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, pursuant to that Notice of Lis Pendens in County Eminent Domain Proceedings in Case Number 78-17398, recorded October 23, 1978, in Official Records Book 10192, Page 226; Certificate of Payment recorded January 8, 1979, in Official Records Book 10262, Page 1819; and Order of Taking recorded January 8, 1979, in Official Records Book 10262, Page 1820: That portion of the North 100 feet of the South 300 feet of Lot 2 ofT A TUM'S SUBDIVISION, also known as TATUM'S OCEAN PARK, and also known as SUBDIVISION ofGOV'T LOT 6 SEC. 2- 52-42 & GOV'T LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat Book 10, Page 64 of the Public Records of Dade County, Florida, which lies within a strip ofland 60.00 feet in width, 30.00 feet on each side of the following described center line: COMMENCE at the Southwest comer of Lot 14 of SOUTH SHORE ESTATES, according to the Plat thereof, recorded in Plat Book 52, Page 69, of the Public Records of Dade County, Florida; thence run West along the South boundary line of the aforesaid Plat of SOUTH SHORE ESTATES and along the North line of the South 300 feet of said Lot 2, for a distance of25.03 feet to the POINT OF BEGINNING of the herein described center line; thence run South of right angles to the last described line, for a distance of 300 feet to the Point oflntersection with the South line of said Lot 2 at a point which is 1,522.64 feet West of the Westerly right-of-way line of State Road A-I-A, as shown on the State of Florida Road Department Right-of-Way Map, recorded in Plat Book 46, Page 40, of the Public Records of Dade County, Florida, said Point oflntersection also being END of the herein described center line. Parcel 5 That part ofthe South 200 feet of Lot 2 of TATUM'S SUBDIVISION, also known as TATUM'S OCEAN PARK, and also known as SUBDIVISION of GOV'T. LOT 6 SEC. 2-52-42 & GOV'T 1,2,4 & PORTION of 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat Book 10, Page 64, of the Public Records of Dade County, Florida, lying West of State Road A-I-A (fronting Avenue and running in a Westerly direction to North Biscayne Bay), Less the East 769.76 feet thereof, and excepting therefrom that portion lying within the right-of-way of the INTRACOASTAL WATERWAY, as shown in Plat Book 37, Page 4, of the Public records of Dade County, Florida, and excepting therefrom that portion of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, also known as TATUM'S OCEAN PARK, and also known as SUBDIVISION ofGOV'T. LOT 6, LMD:ch 07/06/00-3:37 PM Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. Page 3 3 SEC. 2-52-42 & GOV'T. LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat Book 10, Page 64, of the Public Records of Dade County, Florida, which lies within a strip of land 60.00 feet in width, 30.00 feet on each side of the following described centerline: COMMENCE at the southwest comer of Lot 14 of SOUTH SHORE ESTATES, according to the Plat thereof, recorded in Plat Book 52, Page 69, of the Public Records of Dade County, Florida; thence run West along the South boundary line of the aforesaid Plat of SOUTH SHORE ESTATES and along the North line of the South 300 feet of said Lot 2, for a distance of25.03 feet to the POINT OF BEGINNING of the herein described center line; thence run South of right angles to the last described line, for a distance of 300 feet to the Point of Intersection with the South line of said Lot 2 at a point which is 1,522.64 feet West of the Westerly right-of-way line of recorded in Plat Book 46, Page 40, of the Public Records of Dade County, Florida, said Point oflntersection also being the END of the herein described center line. ADDRESS: West side of North Bay Road between 172 St and theoretical 170 St. and East of North Bay Road; and WHEREAS, a public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the positive recommendation of the Zoning & Code Administrator; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. Itemsl through 4, requesting of Modification of Condition #2 of Resolution No. 98-Z-15, Special Exception for site plan approval to permit an apartment development and Non Use Variance of setback requirements to permit the proposed structure to setback varying from 19.16 ft from the front (east) property line, setback 57.lft from the (north) property line and setback 115 ft from the (south) property line and Non Use Variance of Zoning Regulation to permit all accessory buildings and uses (tennis, basketball court, pool and club houses) on a site without a principal building be, and the same, are hereby approved, subject to the following conditions: a. That a site plan be submitted to and meet with the approval of the 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. b. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Aventura Beach Marina Apartments" prepared by Kobi Karp, consisting of 12 pages dated stamped received 6/29/99 and landscaping LMD:ch 07/06/00-3:37 PM Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. Page 4 4 plans prepared by Witkin Design Group consisting of 3 sheets dated stamped received 6/29/99. c. That the use be established and maintained in accordance with the approved plans. d. 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. e. That a recordable agreement be submitted to and meet with the approval of the Building Official providing for permanent and safe access for pedestrian and vehicular traffic within the property, particularly for fire, police and other public service personnel and vehicles. Such agreement shall be executed by the property owners and any and all parties having an interest in the land, such as mortgages, etc. and its improvements. f. That the applicant comply with all conditions and requirements ofthe Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. g. That the applicant voluntarily proffer a Declaration of Restrictions and Unity of Title acceptable to the Building Official providing the transfer of property rights from the parcel on the east side of North Bay Road to the parcel west of North Bay Road and the east parcel is to be use solely as accessory uses (recreation use as per approved plan) for the apartment development. The Declaration of Restrictions and Unity of Title may be released only through a public hearing. h. That the applicant voluntarily proffer a Covenant acceptable to the Zoning Code Administrator to provide as follows: (i) Applicant will continue the City's North Bay Road landscape and right-of- way beautification design along both sides and center median of realignment road in accordance with the site plans submitted as of the date of the hearing and subject to approval by the City relating to appropriate traffic signage. (ii) Applicant shall provide a storm water drainage system in the realigned right- of-way of North Bay Road. (iii) Applicant will design and donate a linear park to be completed, in accordance with approved plans, and as per city approved landscape lighting. Said linear park shall be accessible to the public via a five-foot (5') public easement dedicated to the City on the westerly side of the park. The park will be maintained by the City, provided however, the Applicant agrees to construct a boardwalk the length of the linear park, or, in lieu of said construction, shall provide a donation to the City in the amount of $50,000.00 in order to allow LMD:ch 07/06/00.3:37 PM Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. Page 5 5 the City to construct said boardwalk. Such donation may be accepted by the City by Resolution at a sep~ate public hearing. 1. That the applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. J. That the applicant will use their best effort to minimize vibration and noise during the construction of the project. k. Indicate ramp slope on plans and show support columns in garage, they must remain clear of parking stalls. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of September, 1999. CITY OF SUNNY ISLES BEACH, FLORID By its City Co By: , ... .kTTE8~:".~" " < ~~~\kA Richard- BroWll-,Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ VOTE: v'lcc.)'Y\,~~ uJ\.At.~oved and C'J\ t'\'\rW\ . ~~ seconded approval of the requested zoning difications, and upon a roll call the vote ~ - ~ in favor: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow LMD:ch 07/06/00-3:37 PM Res. 99-Z-35; 17070 Collins Ave. Shopping Cntr. vYes_no ~es_no ~es_no ~es_no -.0es_no Page 6 6 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. 99-Z-35a~opted~by the City Commission at its meeting held on the I 5th day of September, 1999. Issued this J,\1""day of July, 2000. ... i " . t .4 ,? ". . '\,: ,. r . .. I' ~ .... ...._. ...,.....- , ~~...."/'. .~i.'U~. ";0 ,) . ..' " , - ' . ':., ...~,., Ri h d B M '11' 1 /' . C ar rown- on a .... . . . " "! ~ City Clerk " LMD\ch LMD:ch 07/1 1100-3:21 PM Res, 99-Z-35; 17070 Collins Ave. Shopping Cntr. Page 7 1 Andw...... _Ntumlo: SlIInIey B. PrIc8. EIq. -. Sumbel\J llIn1 PrIc8 IIld AloIlnlcI LLP 2800 _ u.-......... Center 2OO_Bl~_ lIIImL _ 33131-2338 OOR33050 1 2000 JUL 10 15:~0 Unity of Title Aareement WHEREAS, 17070 Collins Avenue Shopping Center Ltd. (the .Owners.) are the owners of that certain property ( the .Property") located in Sunny Isles Beach, Miami- Dade County ,Florida, and legally described on Exhibit .A. arrached hereto; WHEREAS, the Owners have applied to the City of Sunny Isles Beach for .. certain zoning approvals and have agreed to be bound for the Plan entitled .Aventura Beach Marina Apartments. prepared by Kobi Karp Achitects, consisting of 12 pages and stamped and received 6/29/99 and landscaping plans prepared by Witkin Design Group consisting of 3 sheets dated stamped received 6/29/99. NOW, THEREFORE, in consideration of the above premises and other good and valuable considerations, the undersigned Owners hereby agree to restrid the use of the property as follows: (1) The OWners acknowledge and agree that the Property aha! be considered one plot and parcel of land and that no portion of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot and parcel of land. The Owners acknowledge and agree that this Unity of Title Agreement shall be deemed a covenant running with the Land and shall be recorded in the Public Recon:Is of Miami-Dade County, Florida at the expense of the Owner. (2) (3) The Owners acknowledge and agree that this Unity of Title Agreement shall remain in full force and effect and shall be binding upon themselves, their heirs, successors and assigns, until such time as it is released In writing by the City Commission of Sunny Isles Beach, Florida, through its City Manager or designee, following a duly advertised public hearing. iN WITNESS WHEREOF, the Owners do hereby set their hands and seals this _ day of June 2000. 17070 COLLINS AVENUE SHOPPING CENTER LTD. Own s) By: Raanan Katz, its General Partner ~~~ Witness SUBSCRIBED AND SWORN TO, this _ day OfJUDe 2000by Runan Katz, As GeneraJ PutDer of 17070 CoUins AVClIue shopping C_ LId, who is penonaUy known to me and who KkDowlecJaed !bat be ex . instrument heIy and voluDlllrily lilr the pul'JIlI8e IIaIed tbereiD. My Commission Expires: 't>~ ~t4'\ ...J...Jpe. f \ \ ') Q~-l 1,.\'J 't~ \t\c. . pr"~~CO.t . ~.~~- ~""t...,,' STATE OF FLORIDA. COUNTY OF DADE I HERES Y CERTIFY that/hiS IS a /PI.. COPy o'/he offgmat tile:1/n thiS office on LU day of ~ 'h . AD 20 00 WITNESS m hand and OffICial Seal. HAfiVE UVIN, GLE . otCrrc ItandCounryCOUlts By D.C. t..'""., e ,tSD Andw._I'ICClIlIId.....",to: S...., B. PrIee. EIq. _. Sum~D.....PrIee __ LLP 2eooFnl~F_ ~ 200 SouIt Ii..... __ .......L _ 33131-2338 OOR33050 1 2000 JUL 10 15:40 Unity of Title Aareement WHEREAS, 17070 Collins Avenue Shopping Center Ltd. (the "Owners") are the owners of that certain property ( the "Property") located in Sunny Isles Beach, Miami- Dade County ,Florida, and legally described on Exhibit "A" arrached hereto; WHEREAS, the Owners have applied to the City of Sunny Isles Beach for ~ certain zoning approvals and have agreed to be bound for the Plan entitled "Aventura Beach Marina Apartments" prepared by Kobi Karp Achitects, consisting of 12 pages and stamped and received 6/29/99 and landscaping plans prepared by Witkin Design Group consisting of 3 sheets dated stamped received 6/29/99. NOW, THEREFORE, in consideration of the above premises and other good and valuable considerations, the undersigned Owners hereby agree to restrict the use of the property as follows: (1) (2) The OWners acknowledge and agree that the Property shal be considered one plot and parcel of land and that no portion of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot and parcel of land. The OWners acknowledge and agree that this Unity of Title Agreement shall be deemed a covenant running with the Land and shall be recorded in the Public Records of Miami-Dade County, Florida at the expense of the OWner. (3) The Owners ackncmledge and agree that this Unity of Title Agreement shall remain in full force and effect and shall be binding upon themselves, their heirs, successors and assigns, until such time as It is released In writing by the City Commission of Sunny Isles Beach, Florida, through its City Manager or designee, follaMng a duly advertised public hearing. iN WITNESS WHEREOF. the Owners do hereby set their hands and seals this _ day of June 2000. 17070 COLLINS AVENUE SHOPPING CENTER L TO. Own s) By: Raanan Katz, its General Partner ~tA~ Witness SUBSCRIBED AND SWORN TO, this _ day oflUDe 2000by Runan Katz, As GencnI ~ of 17070 CoOins AvCllue Shopping Cad<< LId, wbo is pcnonaIly kDown to me and wbo 8dtnowlcdgod that be . instrumcot holy and voluntarily for the purpoIIC sl8fed tbcreiD. My Commission Expires: 1~.sD STATE OF FLORIDA. COUNTY OF DADE I HEREB Y CERTIFY thaI this '~6 COPy of the o"gmall,;e~ In thIS offIce on day of ~ 'I \ . AD 20 OCl WITNESS m hand and OffICIal Seal, HARVE UVIN, ClEij~. o/Clrc tandCountyCourts By M D.C. ',;,~, '..J ...,' f~ItIlHT A I page 2 - LEGAL: Pucell TIw pan of the North 100 feet aCLot 2 ot'TATUM..S SUBDlVISION. a1$o 1cno\\IU.5 TA OCEAN PARK, and also bo~ as $UBDlVJ9ION OF GOV'T. LOT 6 SEC. ~-S2-42 " GO LOTS 1,2,4 &POR.'l10NS OF S 8r. 6 SBC.l1-.52,,",2. ~m lhcPlat dsueo(rccordcd in lat Book 10. ,~ 64, aCthe: ~tic R.ccords of'l)aJic ColPlty. P1oricla, tyina Wcsr. ofSwe Road ^- .A (~CoUiasAven\1C!~~fn. Wcsu:aiydirectionlONonb~Y11ttaay). tBSS 1I1eEul .. feet~( mdexc:cpdag~ thUportUm lyiqwilhinlbcriabr-of-wayaf'1hD INTRACOAS W ATImWAY. as shown in Plat Book 37. Page 4. Qr1b~ PubUc 1tccords ot'Oade County. F10 'da; 'I'OGE"l'$R '\VJTH! Parcel 2 Lot 14 tbtough l&.orSOUTHSH01U!BSTATBS.~lOlhePl..nhereot;nmrdcdinP1alB 1c 52, Paso 69, oftht: P\Jb1ic R.ecords otPade Caw.uy. Florida; TOGETHER WITH; Pan:e] 3 All of the South.JOO f't:= oflbe North 400 fccc of Lee 2 ofTA'ltJM'S SUBPIVlSION, also II TAnM;S OCEAN PARK. aad also know as SUBDlVISION ofGOV'T. LOT'; SHC. 2-52-4 Ir. OOV'T.LOTS 1,2.4&roanONS OFS &6SEC.ll-S242.acco.1tothePlaiWreof,! in PwDook 10. PalC 64. of the PtlbUc llecotds ofOadcCounty, Flodda, lying comiguous with Westerlyof. the West1iDcs aflots 15. 16, lad 17. ofSOU'l'HSHORBESTATES,ushowDmP1ar ok S2.Page69, of1bc:Public~dsof'D&dc County,FJodda. aDd lyinaBasrcdyofthc ~rlstu-ot- ay line of the ~ouW.W~ctWIY, II sIJown In PlaI Book 37, Page 4, of1hc Public: Rt:cards or CoUllt)', Florida,: 'I'OGBmBR WITH:' Parec14 All ofthc North laa tcetofthcSo1Ub~OO fcctofLot 2 ofTA.'l1JM'S SUBDIVISION, also kaa TATOM'S ()ClWo{ P AlQC.1IJd also boWEl as SUBl>MSION ofGOV'T. LOT 6 SEC. 2-52- GOV'T. LOTS 1.2,4 &:POllTIONS QF 5 A6SEC.l1.S2-42,accordiugmtbcPlatthtn:of: in Pl.at Book 10. Paic 64. ottbc P1iblie Jlecor4s ofDa4e County, FIorida.lyins Wcmdy ora c ~~~onSOlStberlyJbta~ofl00f=1D1he=dividinawIS13 ml14 SHOIU! EST A'11!S, as shawn an 1bePlalrecordcd inPlatBOQ1c S2.l"l:c 69, oftheN1lic DadcCoumy.FIaMa. addlyidgf,aelyoflberigbt-ot'-way1iDcoflbeINl'RACOASTAl. W ATBR ~ shown ou Plat I!ook 31. P~ge 4, of'tbe Public Ra:cmb ofDadc Co\U1ty, Floric1a; -1'\ ..,~... 9 ,.UI;~U~." ....... . ..,./ ...... }Ja&c 3, LESS: 1bcfbllowingdesCribc4pzapertY1U;tnil1mQnq1lLiaaWnpr0cce4in9 byDAOB COUNTY, apolilicalsubc!ivilianofmc 9&aSCofF1orid4,P~UJ Eb.tNoliccat14J'en4lDlin Co~ DoQ2&in~inCaac:N\Idlbcr7a~173",recoldtdo='oct23.1978.mOf&WJl,caJrdsB .k: 10192. Page 226; certificateafi>>aymcDueconk:dlapqary I. 1979. in officialB.eeonU ~ l ", .. Pa&e 1&19i mdOrcSetofrUint;recotdo!lanuary 8.1979, b\ omcialRt:cords Book: 10262. Page t 0: TbatporUon of the Nonl1100!ctt oflbc,S<nah 300 f=t ofLat2 orrA1U!wl'S SlJaPMSImi, kDowIll$ TATUMtS OCBANllA1UC,;u2dalJo ~as SUB'OMSION afGOV'TLar6 SR .~- 52-42 8z. GOV'T LOTS IJ.. 4 &: pQJ,UONS OV' "6 SEC. 11-52-42. accotdingJO the Plat (. ~inP1atBook lo.p~e64oftbePub1icRtccids afP_ Copnty.i1orlda. wbic11Ueswi*- . afW2d 60.00 (eet in wi4~ 30.00 fed on each side aflbc foUowing dc:sCrlbe4 ~cnta" lbIe: Parcel S Thaf pm of me South 2QQ feet aflot 2 afTATUM'S SIDlDMSI0l{, .lso knoVIIUJ TA: 'S oCE.\NPAlU(.. and alsola1.OWll as SUBDIVISION ofGOV'T. LOT 6SliC- 2-52-41 &. GOV'T 1 .4 ~ PORTION ofS & 6 SEe. 11-52-42. accon\mg to tbcPlanhcrc:ot rc:cordc4 in Plat Book 10. .go 64, ofmePubIic RccoIds ofDade CO\1DlY,Fbida.lyingWc:stors_tt0a4A.-l-A(ficDUnlA: pmningma W~ydirccdanto N01thB~~),LcssthcEut169.76 CCenbereo~~ lh=frmn tbatpcn1iou lyinawilhin mcrigbt-of-W-yoftl\eJN'['llACOASTAL W ATEB.W A Y. as inPlal Book )7i page", of~}lub1ictCCCXds oWaclc Counw. Florida. andex~=1 therefrom I portion otthc: SOUlh300 !cetoflA2otTATUM'S SUBDMSlON, also ~uTATUM'S AN 1'AIUC. amtabo ~lISSOBDIVISION of'GO~'l'. LOT 6.S'EC. 2~S2-42 '" GO~. LOTS ,4 '" poRnO~s OF S" 6 SEC. 11_S242.acc.atdi1lgtotbcPlat thctcDr.~mP1atBoc* to. ~Il 64. oflhr::PubUc ~Q!DJdeCounty. ~\orida. wbicb lies wllhinamip af1and60.00 fe<< in 30.00 f~ct an cac1l si4e oftbt {oUow1u& des~ibed ccpScdine: cO),lMENCE atthcSaUlhwest comerofLat 14ofSO'01ll SHOREESTATES,lICCOxdinBtothc ~t tbereatrc:cordCdiuPlatB~S2. PaJC69.oflhcPub1ic:~ofDadc COlmlY, F1mi4a; Wes~aloDg the Soumbound&tY\iQeoflbc atmesaid Plat ofSQUl'H SHOREESTATBS md.a1o North \ma oftbc Saum 300 {c~ of sai4 Lot 2. for, c1isW1CC oC2S.03 fee~ to tha POINT OF BEOINNlNGoflhc br.rdndc:icribcd~terl#; ~tunSourhofrlght an~to the 'Ast 1iPc. tar adis!;mceoOOO!cctto mcPob\lo!JntasecUm1 with tbeSoUtl1Une oCsaid Lot 2 aupoiut . is 1.522.64 tt.etWest oflbc Westerlyright..of-way line a!StBICRoad A-l.A. as shOWI\ em Ute StI F1o;ida~dDqlaxtmc1tRight-Qr-w&Y Map. reeotdedinP~Boak46,Pagc40, oCthcl'ubUc of Dade CountY. Florida. uid point afhumcction also beh1g END o!the herein dcsa'ibcd line. 10 A\I" ..." .. ---..' -" Past <\ co~C1i at \he $Dglbwc~ cornet of Lot 14ofSOUTK SHOlUi ESTATPS. ~ing ~ '4Ie lhcROt~inP1ataaokSl.r.p69. of. hbUc ~of1)aa.CG\mtY. flmicSa;1h==1'IlD aloa;~ Soud\~lmeof'tbI:'~l'..~o~~grmSKOJtEESTA1liS-J1aq~N ot'1bt: ScuIhSOO f~ot.i4Lot~ iDea cUsfGIC' of ~1D * POINT OF BEGlNNING otmc . ddCnW~lUaa; 1haJa rua. Sou'dl ofd&htql~ lOl1Ie lutdtsaibed 1iDe. for &diSIU~ oC3oo to dle !'cULt of ln1t%SeCuon with the South 1iDc: of said lot 2 af ~ poinl whid. is 1 J~.64 feel West Q dle WnlCdY righI-of-~Y lfne ofrCCO'fdcd ill rlat Book 46. Page 40. of'tl1a l'\&b~ Rccocds of Dade Co flarldl. saic1l'oiut oflp~DI1'\so beil\81he BNP oflbc b=iJl ~Pt:d center lUae. UlCA'l10Nt WC$t $\de o!lionh Bay Road bctwttl11"n 5t aJ\Cllhcotctic~ 110 SI. aM NOM B-1y}tgad.. . rllOP!:R.TY SJD:s \0.42 Mtt:S 2:ONE~ lUJ-4A ~ s , 11 \ 1 \ OPINION OF TITLE Miami-Dade County With the understanding that this Opinion of Title is furnished to Miami-Dade County, as inducement for acceptance of a Unity of Title or in compliance with Chapter 28, and as an inducement for acceptance of a proposed final subdivision plat, covering the real property, hereinafter described, it is hereby certified that I have examined a complete computer search of title covering the period from the beginning to the 15'" day of June, 2000, at the hour of 11 :00 p.m., inclusive, of the following described property: Five parcels as described on attached legal description (part of lot 2 of Tatum's Sub and various lots in South Shore Estates) I am of the opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: 17070 Collins Avenue Shopping Center, Ltd., a Florida Limited Partnership. The General Partner of 17070 Collins Avenue Shopping Center, Ltd, a Florida Limited Partnership, is 17070 Collins Avenue Shopping Center, Inc., a Florida corporation. The authorized representative of the General Partner is Raanan Katz, President of 17070 Collins Avenue Shopping Center, Inc., a Florida corporation. Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: Mortgage recorded in Official Records Book 17510 at page 894 Public Records of Dade County, Florida from owner to Daniel M. Keil, Trustee, Kenneth Wolofsky and Jeffrey Perlow, Personal Representatives, and Peter Wolofsky, individually. 2. RECORDED CONSTRUCTION LIENS. CONTRACT LIENS AND JUDGMENTS: NONE 3. GENERAL EXCEPTIONS: SEE BELOW 4. SPECIAL EXCEPTIONS: SEE BELOW I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party(ies) must be referenced in the agreement in order to make the agreement a valid and binding covenant on the land described herein. Daniel M. Keil, Trustee, Mortgagee, Kenneth Wolofsky, Individually and as Personal Rep- Mortgagee, Jeffrey M. Perlow, Personal Rep-Mortgagee, Peter Wolofsky, Individually, Mortgagee The following individuals hold an interest in the land described herein, or same is subject to a special exception as a result of the following: 12 ITEM #1 ITEM #2 ITEM #3 ITEM #4 NAME INTEREST SPECIAL EXCEPTION Daniel M. Keil, Trustee, Mortgagee Kenneth Wolofsky, Individually and as Personal Rep-Mortgagee Jeffrey M. Perlow, Personal Rep-Mortgagee Peter Wolofsky, Individually, Mortgagee Plat of South Shore Estates, Plat Book 10, page 64, Plat of Government Lot 6 (2-52-42) and Government Lots 1-6 (11-52-42) Known as Tatum's Subdivision Plat Book 10, page 64 Plaza of the America Street Lighting Improvement Special Lighting District Official Records Book 13367, pages 855 and 859 of the Public Records of Dade County, Florida. Restrictions Filed by Owner in Favor of City of Sunny Isles Beach on 6-9-00 in Official Records Book 19148, page 3225 of the Public Records of Dade County, Florida. The following is a description of the aforementioned abstract and its continuations: NUMBER FA-35-130349 CF-183928 DD-03504003 NO. OF ENTITIES PERIOD COVERED Begin to 1-29-97 Begin to 6-29-99 6-1-99 to 6-15-00 COMPANY CERTIFYING First American Title Attorney's Title Insurance Attorney's Title Insurance I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the lorida Bar. Barry T. Shevlin Florida Bar No.: 511587 1111 Kane Concourse, Suite #605 Bay Harbor Islands, Florida 33154 STATE OFFLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowle by Barry T. Shevlin, who is personally known to before me this 27th day of Jun e. O....~~v "(I~ JClII'INAAtltlNDlZ .. COU"'lIIIClN NUMIIA < CC833273 7~ R MY COMMISSION EXPlflES OF f\.O MAY 5 13 OOR279161 2000 JUN 09 -15:( This inslrUmcnl prepared by and when recorded return 10; Stanley 8. Price, ~. Pilzio Surnber8 Dunn Price " A.J.elroll LLP 2500 FiBt Union Fln~111 Center 200 South 81scayne Poulov...d MilUUl, Florida 33131-2336 (Spac:a Above pot Recorder's U5e Only) DECLARATION OF RE~JUCTTONS The undersigned, is the Owner of the following described real property (the "Property"), lying. being and situated in Swmy Isles Beach. Miami-Dade County, Florida, and legally described as: See "Exhibit A" WHEREAS. the Owner has filed a zoning application with the City of Sunny Isles Beach. Miami~Dade County. which resulted in the enactment of Zoning Resolution No. 99-Z-3S; IN ORDER TO ASSURE the City CommillioD of Sunny I.lea Beach that tbereprescntations made to them by the Owner pursuant to Resolution No. 99-Z-3S will be abided by the Owner freely ~ voluntarily and without duress makes the following Declaration ofRestrlctions covering and running with the Property: (1) That in the approval of the plan. the same be substantially in accordance with that submitted for hearing entitled "Aventura Beach Marina Apartments" prepared by Kobi Karp, consisting of 12 pages dated stamped received 6n.9/99 and landscaping plfUlS prepared by Witkin Design Group consisting of 3 sheets dated stamped received 6/29/99. (2) That the use be established and maintained in accordance with the approved plans. (3) That the Owner will submit to the Building Official for its review and approval a landscaping plan which indicates the type and size of plant ll18terial prior to the issuance of a building permit and to be installed prior to the issuance of a Certificate oCUse and Occupancy. O:\OMZ\73979\12563\02736S2.0 I .50 -1Y o 14 .. ....-.. '-.'- ;...... .'.~ ....-. . -.. Declaration ofRcstrictions Page 2 " (4) That a recordable agreement be submitted to and meet with the approval of the BuUding Official providing for pennancot and safe access for pedestrian and vehicular traffic within the garage and particularly for fire, police and other public service personnel and vehicles. Such agreement shall be executed by the property owners and my and all parties baving an interest in the land, such as mortgages. etc. and its improvements. (5) That the Owner comply with all conditions and requirements ofthc Deportment of Environmental Resource Management (DERM), the Fire Department and the Florida Department of Transportation. (6) Owner will continue the City's North Bay Road landscape and right..of..way beautification design along both sides and center median of realignment road in accordance with the site plans submitted as ofthc date of the hearing and subject to approval by the City relating to appropriate traffic signage. (7) Owner shall provide a storm water drainage system in the realigned right-of-way of North Bay Road. (8) Owner will abide by all City and County ordinances relating to the hOUTS of operation for construction commencement and termination. (9) Owner will use their best effort to minimize vibration and noise during the construction of the project. (10) Owner will indicate ramp slope on plans IUld show support columns in garage with the requirement that it must remain clear of parking stalls. (11) City Inspeetion. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles BuUding and Zoning. or its agents duly authori7.Cd, may have the privilege at any time during nonnal working hours of entering and inspectinG the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. (12) Covenant Runninl with the LaQd. This Declaration on the part of the Owners shall constitute a covenant ruP11ing with the land and may be recorded in the public records of Miami-Dade CO\Dlty, Florida and shall remain in full force and effect and be binding upon the Owners, Q!1d their heirs, Ilucceasors and assigns until such time as the same is modified or released, except th4t the covenants contained in provision O:\DMZ\7l9'M 12S6J\0273ti51.01 15 >-:.::~~\.:-: DeclarAtion of Restrictions Page 3 3 may not be modified. These restrictions during their lifetime shall be for the benefit of. and limitation upon, aU present and future owners of the real property and for the public welfare. (13) Imn.. With the exception of paragraph 3, which is to run in perpetuity. this Decl81'ation is to om with the land and shAll be binding on all parties and all persons claiming under it for a period of thirty (30) yelUs from the date this Dcclamtion is recorded after which time it shall be extended automatically Declaration of Restrictions for successive periods of ten (10) years each. unless an instrument signed by a majority of the. then, owner(s) of the Property has been recorded agreeing to change the covenant in whole. or in partJ provided that the Declaration. bas first been modified or released by Miami-Dade COWIty. (14) Modification. Amendment, Relea~~. With the exception of paragraph 3. which may not be modified. this Declaration may be modified, amended or released as to the land herein described, or any' portion thereof, by a written instrument executed by the, then. owner or a majority of the owners of all of the Property provided that the same is also approved by the City of Sunny Isles Beach. Florida, whichever by law has jurisdiction over such matters. qfter public hearing. No modification that affects the School Board shall be permitted unless prior approval is obtained from the School Board. Should this Declaration be so modified, amended or released, the Director ofthe City of Sunny Isles Beach Building and Zoning, or the executive officer of the successor of such Department. or in the absence of such director Dr executive officer by the Director's assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification. amendment or release. (15) EnfoR~ment. 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 Of arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursCIIlcnts allowed by law. such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (16) Authnrization for Department ofBuitdinl and Zonlneto Withhold Permits and Inspections. In the event payments or improvements are not made i~ accordance with the terms of this Declaration, in addition to any other remedies available, the City of Sunny Isles Beach Department of Building and Zoning is hereby authori2ed O:\DM7.\ 7l(71)\ 11563\0273652.0 I 16 Dee~ration of Restriction. Page 4 to withhold any further pcnnits. and refuse to make any inspections or grant any approvals, until such tima as this Declaration is complied with. (17) Election of Remedlea. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of temedies, nor shall it preclude the party exercising the . same from exercising such other additional rights. temedic:I or privileges. (18) Presumvtinn of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Sunny Isles Beach., and inspections made and approval of occupancy given by the City, then such construction, inspection and approval ahall create a rebuttable presumption that the buildings or atructurcs thus constructed comply with the intent and spirit of this Declaration. (19) Severability. Invalidation of aiiy one of these covcnants. by judgment or Court. in nO way shall affect any of the other provisions which shall remain in full force and effect. (20) ReeQrdiua. This Declaration shall be tiled of record in the public records of Miami- Dade County, Florida at the cost of the Owners following the adoption by the City of Sunny Isles Beach of a resolution approving the Application. Signed, wi1lleSSed. executed and acknowledged this.li day of ~~ IQq'j. Witnesses: 17070 COLLINS AVENUE SHOPPING CEN TO. By: (SEAL) STATE OF FLORIDA } COUNTY OF MIAMI-DADE }ss: The foregoiog lnoIrumentWU acknowledged bef~ me ~ day o~ - e-I by RAANAN KATZ. as President of 17070 COLLINS AVENUE SHOPPING CENTER. L TO., 11~' O:\IlM"J.\ '739'19\ 12563\0273652.0 I Declaration of RestrletiolUl Page 5 who is personally known to me or produced a valid drivers license as idcnti cation. My Commission Expires: Serial No. (None. ifblanlc): [NOT AlUAL SEAL] CD .,...11II " o,~U u,. " 0..,.... O:\OMZ\7l919\12S6J\0273652.0I 18 "OIU-VV-', IU:~' r"""m 'W... .... -..,'", ,---- ......,.-.. ''--/ ,-,' Page 2 . LEGAL: Parcell That pan of the North 100 feet of Lot 2 ofTAT'UM'S SUBDMSION, also known ~9 TA OCEAN PARK, and also 1mOWll as SUBDIVISION OF GOV'T. LOT 6 SEC. ~-S2-42 & GO LOTS 1,2, 4 &. PORTIONS OF 5 & 6 SEC. 11-52-42, accOrding to the Plat mereof. recorded in lat Book: 10, P~ge 64, oClhe Public Records ofn.de CO\4%1ty, Florida, lying West of State Road A- -A (fronting Collins A venue and rquaing in a Westerly direction to Norm Bi~yne 13ay). LESS we East 0 feet t!1ercof. and excepUnsmerefi'om tMt portion lyingwilhin Iheright-of..way oflha INTRACOAS WATERWAY, as shown in Plat Book 3'. Paec 4, oftb~ Public R.ecords ofpade County, FIo 'dAi TOGETHJiR WITH! Parcel 2 Lot 14 through 18, ofSOU'rH SHORE BST A TES. accormng to the PI~tthcreo~ recorded in Plat B ok 52, Page 69. ofthe P1Jblic Records of Dade COWlty, Florida; TOGETHER. WITH; Parcel J All of the South 300 fcctofthe North 400 feet of Lot 2 of TATUM'S SUBPIVlSION, also lena u TATUM;S OCEAN PARK. and also know as SUBDMSION afGOV'T. LOT 6 SEC. 2~S2-4 &. GOV'!. LOTS l ,2, 4 &. rORT10NS OF S &. 6 SEC. 11-52.42, according to the Plat thereof, reCO~d in Plat Baok 1 a, Page 64, oflhe P1Jblic )tecords of Dade County. Florida, lying contiguous with d Westerly of ,the West lines onots IS, 16, and 17, ofSOum SHORE ESTATES, as shown in Plat B ok 52, Page 69, oCthe Public l<<cords orOade County, Florida. and lying Eastcrtyofthe E~$nigbt-of- ay line of the lntraCoasw Wa,terwp.y, IU $awn in Plat Book 37, Page 4, oime Public Rcoords of ade CaWlty, Florida; TOGETHER WITH: Parcel 4 All oCtile NorU1 100 feet of the South 300 fect ofLol 2 ofT ATUM'S SUBPIVISION, also mo TATUM'S OCB~PAlU<, and also known as SUBDMSION QfOOV'T.l.OT 6 SEC. 2-52- GOV'!. LOTS 1,2.4 &. PORTIONS OF S &. 6 SEC. 11-52-42, according to the Platthcreot: recO in Plat Book la, Page 64. ofthc Public }l.ec:ar4s ofDa4e CounlY, Florida, lyins Westerly DCa ine collStiuums as extension Soulherly for a distance aflOO fcet to the line dividingLots 13 and 14 orso SHOlU! EST AT~S, as shown on the Plat recorded in Plat Boole 52. :Pa~c 69, orme Ptlblic Reeo Dade CountY. Florida. and lyingEasterlyofthcnight-of-way Uncofthc lNTRACOASTA!. W ATBR l\S shown on Plat Book 37. Page 4, of the Public Records of Dade County, Florida; 19 ^Uti~U6.88 10 :J8 tKUM"'\.111 ur ~Ul1I11 I~~C;~ DC;^vn .-/ '--' Page 3 LESS: Th: following described pl'Operty taken in eminept domain Proceet.Un9 by DADE COUNTY, FLO A, a political subdivi&ion of1hc ScatcofFlorid4, pursuant to mat Notico ofJ..ia fendens in County Em' em DoqWn Procc:edings in Case Numbcr78-173?8. recorded Oclobet23. 1978. in Offici~ Records B ok 10192, Page 226; Cerdfieatc ofPaymcnt recorded lanQary 8, 1979. in Official Records Boale 10 62, Page 1819; and Order ofTakinS s:ecor4cdJanuaI}' 8. 1919.11l Official Records Book 10262, Page 1 0: ThaTponion of the NQn1t 100 feetofthcSoutb 300 feet of Lot 2 orrATUM'S suaPMSION, Iso known as TATUM'S OCEAN P AlUC, JUld also known as SUBPIVISION ofGOV'T LOT 6 SE . 2- 52-42 & GOV'! LOTS 1.2,4 &. PORTIONS OF S '" fj SEC. 11-S2~42, according lO the Plat the of. recorded in Plat Boote 10. Page ti4 ofme Public R.ecanis ofP~e County. Florida. whicb lies withUl ~ 'p ofl~ 60.00 feet in wi4ft\. 30.00 feet on each side afthe following described center 1ine~ I COMMENCE at the Sc:ntthwest comer of Lot 14 ofSOurn SHORE EST ^ TES,lIccording to me tl~t ther~r. recorded in Plat Boole 52, Page 69, o fthe Public Records of Dade CountY. Florida; lhencc: West along the South boundary line of'the aforesaid Plat ofSOUl'H SHORE ESTATES and alon the North line afthe South 300 feet of said Lot 2, for a dhitance 0[25.03 fee~ to the POINT OF BEGINN1NO oCme perein described center lUle; m=u:e run So~th ofrlght angles to the ~ ctesc ' ed line, fat a distance of3oo fcetto the Po~ ofIntcr!lcction with the Soum line ofsaid Lot 2 at a point w . ch is 1,522.64 feetWesl of the WesterlYright-of-waylineofStatcRoadA-l~A) as shown on we Sta of Florida Road Department lUght..of- Way Map, TCCOrdect in Plflt Book 46, Page 40, ofthc Public Rec tds of Dade County, Florida, said point ofIntersccuon also being END ofthe herein described ce ter line. Parcel 5 That pan oCme South 200 feet ofLct 2 of TATUM'S SUSOMSIO}l.{, ~lso known as TAT'S OCE~ PARK. and also known as SUBDIVISION ofGOV'T. LOT 6 SliC. 2~S2.42 &. GOV'T 1 2,4 8r. POR nON of S & 6 SEC. 11-52-42, according to the Plat thercof, m:ordcd in Plat Book 10, age 64. ofme Public Records ofDade CounlY.Florida.lyingWestofState Roaa A-l-A(frontingAvaluc and running in a W~$terlydircctian to NorthBi~ayne a~y). Less lhcEast 169.76 reenll~f, ~d exc . g therefrom lhatportion lying within the right-of-way of the lNTRACOASTAL W ATERWA Y. as s wn in Plat Book 37, Page 4. o!the Public records ofPade CountY I Florida. and exccptil'8 therefrom hat portion aCthe South 300 feet ofl..ot 2 ofT A TlJM' S SUBDIVISION. al!lO lalown as '1' ATOM'S 0 AN PARK. and a) 50 lcMwn u SUBDMSION ofGOV'T. LOT 6, SBC. 2~S2-42 & GOV'T. LOTS 1 2.4 & PORTIONS Of s &t6SEC. 11~S2.42.accordiugtothc:Plauhcrcof.rccordedinPlatBook lO. ~ge 64. of me Public Records ofDade Coun~. Florida. wtuch lies within a strip ofland 60,00 feet in m, 30.00 feet on eacp sicle or the following des~bed c!l1tcrline: 20 "G~Q&-U 10: 38 tl<Uf,r\.11T vr ~UIlI" u~r;~ Ill:^"n ~. ~. ruge 4 COMMENCE ..t Jhc southwell comet of Lot 14 of soum SHORE EST A TpS, accor~i1\g 10 Ifte Plat thereof. 'rccol'de4 ~ Plat flaok 52, Pap 69, of the P\1blic Record~ ofOadc County, Flon4a; thence tun est along the South ~o~~ line of the Ifates~4 Pl.1 of SOUTH SHO~ liST A ~S 1Itl~ IlIOIl! 'Cllc North line of the South 300 foetotlqidLotZ. fon 4i'1I'PCI! of1S.03 feettD Ihe POINT OF BEGINNING otllle r~iu described center line; thence run Soum of'risht IltIS1C$1l1 f11e laat desaibed line, for IL distance of300 fI t to me foint oflnttrsccuon with the SO\lth line of said lot 2 af I pQint which i5 1,522.64 feel West 0 the Wcstctly rig~t-of-w.y line ofrecOfded in rllt Book 46, Page 40, ortlle p"hUe Reeoed! of Dade Co nty, florida, said Point ofm~ctian also being me BND ofthc herein ~oribc" center line. PROPERTY SIZ'K: lONE: WC$t side af),JarW Bay Road between 172 5t and Illcorcncq1170 St. and li North BltY lWad. \0.42 Acrt:s llU-4A LOCATION~ STATE OF FLORIDA. COUNTY OF DADE I HERES'f CERTIFY that thIS IS a t'~~~ 01 the onglnal ~n th,s off,ce on '1 , day 01 u6'.l. . AD 20~ W,TNESS my hand a Off,clal Seal. llARVEY RUVIN. CL R . . CIrcuit ,nd County Courts By D.C. 21