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05-05-2009 A~ City of fiventura Local Planning A~ncY Susan Gottlieb, Mayor City Manager Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Ted Holzberg Billy Jod Michad Stern Luz U rbaez Weinberg City aerk Teresa M. Soroka, MMC City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske LOCAL PLANNING AGENCY AGENDA MAY 5, 2009 - 6 PM Aventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: April 14, 2009 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS LOCATED ON WEST COUNTRY CLUB DRIVE, CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR TRANS MITT AL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA BY AMENDING THE ZONING DESIGNATION FOR May 5, 2009 LlPAMeeting TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOT AL OF 2.69 ACRES MORE OR LESS AND MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-890 I, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. 2 . A The-: Qty of .nventura Il.... "." -t-.~ . ",......,.,,:;~~ MINUTES LOCAL PLANNING AGENCY MEETING APRIL 14,20096 PM Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez Weinberg Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney Mitchell Bierman. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Mel Taks. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 13, 2009 LPA Hearing was offered by Vice Mayor Joel, seconded by Commissioner Auerbach, and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Bierman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM APRIL 1, 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY 3, 2009, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to recommend approval was offered by Commissioner Holzberg, and seconded by Commissioner Stern. The motion passed unanimously 4. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:05 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the LPA on CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AIC Community Developm rector TO: City Commission FROM: Eric M. Soroka, IC City Manager DATE: April 16, 2009 SUBJECT: Application by TB Isle Resort, LP for small scale amendments to the City's Comprehensive Plan to change the Future Land Use Map designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Business and Office to Parks and Recreation and to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Parks and Recreation to Business and Office (02-CPA-08 and 03- CPA-08 - Small Scale Amendments) May 5, 2009 May 5, 2009 June 2,2009 Local Planning Agency Agenda Item ~ City Commission Meeting Agenda Item City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve the small scale Comprehensive Plan map amendment to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Business and Office to Parks and Recreation; and 2. Approve the small scale Comprehensive Plan map amendment to change the land use designation of two parcels of land on West Country Club Drive totaling 2.69 acres from Parks and Recreation to Business and Office; and 2. Approve the transmittal of the amendments to the Florida Department of Community Affairs and other state agencies pursuant to Chapter 163, Florida Statutes. THE REQUEST The applicant, TB Isle Resort, LP, is requesting two small scale Comprehensive Plan map amendments to allow an exchange of future land use designation on parcels totaling 2.69 acres each on West Country Club Drive. The northerly parcels are requested to be changed from Business and Office to Parks and Recreation and the southerly parcels are requested to be changed from Parks and Recreation to Business and Office to facilitate a rezoning of the northerly parcels from B2, Community Business District to ROS, Recreation Open Space and a rezoning of the southerly parcels from ROS, Recreation Open Space to B2, Community Business District. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY TB Isle Resort, LP NAME OF APPLICANT TB Isle Resort, LP LOCATION OF PROPERTY 19999 West Country Club Drive See Exhibit #2 for Location Map See Exhibit #3 for Parcel Locations SIZE OF PROPERTY Northerly parcels: 2.69 acres Southerly parcel: 2.69 acres PROPERTY DESCRIPTION See Exhibit #4 for North Parcels Description See Exhibit #5 for South Parcels Description DESCRIPTION IBACKGROUND The site owned by the applicant is comprised of the Turnberry Isle Resort and the Turnberry Golf Club on West Country Club Drive. The applicant requests an exchange of zoning on four parcels of land within the golf course and resort on West Country Club Drive to facilitate future expansion of the resort. No development plans have been submitted at this time. The northerly parcels are the location of the pool, grill room and conference entry area. The southerly parcels are the location of the maintenance, laundry, nursery and storage area. The applicant requests the comprehensive plan amendments to allow rezoning of these parcels from B2 to ROS and from ROS to B2 respectively which will facilitate future expansion of the resort. The existing uses on the parcels comply with the uses permitted in the respective proposed zoning categories. The pool and grill room parcel to be changed from B2 to 2 ROS can be considered accessory uses to the golf course since golf club members have access to these amenities as part of their membership package. These recreational uses also comply with the uses permitted pursuant to the existing Declaration of Restrictions on the golf course parcel. The conference center entry parcel serves as access to both the resort and the golf course. The proposed ROS zone on this entry parcel will restrict future development in this area. The maintenance, laundry, nursery and storage area proposed to be changed from ROS to B2 are accessory uses to both the resort and golf course. ANAL YSIS I. Northerly Parcel Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: II. Southerly Parcel Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office (Parcel 1) Parks and Recreation (Parcel 2) Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office B2, Community Business District ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District (Parcel 1) ROS, Recreation Open Space (Parcel 2) ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District swimming pool, grill room, conference entry area golf course, conference center resort, golf course golf course, conference center reso rt Parks and Recreation Business and Office Medium-High Density Residential Parks and Recreation Business and Office 3 Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: ROS, Recreation Open Space B2, Community Business District RMF4, Multifamily High Density Residential District ROS, Recreation Open Space B2, Community Business District nursery/maintenance/storage area resort residential condominium golf course regional mall Access - The parcels front on West Country Club Drive. Access is existing to the parcels. Conformity to City Comprehensive Plan - The amendments are consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use, Parks and Recreation and Redevelopment Elements of the Plan: Future Land Use Element Policv 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; The proposed amendments will accommodate economic growth of the City by facilitating expansion of the existing resort. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The parcels are located on West Country Club Drive and are of equal size. There will be no net increase in size to either land use category, therefore traffic volumes are expected to remain constant. Therefore, these applications will not impede provision of traffic services. Water - There will be no net increase in size to either land use category, therefore, provision of services will not be impeded. 4 Sewer - There will be no net increase in size to either land use category, therefore, provision of services will not be impeded. Mass Transit - A bus transit facility is located at Aventura Mall, located immediately across the street from the subject sites. Future development of the proposed business and office parcel will be required to provide pedestrian linkage to County and City transit services that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. There is no decrease or addition to park space since there will be no net increase in size to either land use category. Therefore, provision of service at adopted level of service standard will not be impeded. Stormwater Drainage - There is no net increase in size to either land use category, therefore, provision of services will not be impeded. Solid Waste - There is no net increase in size to either land use category, therefore, provision of services will not be impeded. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendments are compatible with abutting and nearby land uses and will protect the character of the neighborhood. Future development of the proposed business and office site will provide buffers to the residential property to the south through existing height and setback restrictions in the B2, Community Business District, site development standards in the City's Land Development Regulations. Improvements to the proposed business and office site proffered by the applicant will further buffer the adjacent residential property and enhance the streetscape in the neighborhood. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendments will not degrade the environmental or historical resources, features or systems of significance. Parks and Recreation Element Policv 4.1 The City adopts a level of service requiring 2.75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. The estimated current population for the City of Aventura is 31,044. These amendments do not increase population. The amount of park and recreation land 5 required by the park level of service standard is 31,044 x 2.75/1000 or 85.37 acres. The existing available park and recreation land is 114.95 acres. No deficiency exists and the proposed amendments will not create a deficiency in this standard. Redevelopment Element Policv 2.11 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co-ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of A ventura. The applicant will be required, through the site plan review process when the proposed business and office site is developed, to locate parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize user safety and improve the aesthetics of the City. Traffic Generation - The City Engineer has reviewed the applications and determined that a traffic generation study is not required because there will be no net increase in size to either land use category and the properties in question are both located along West Country Club Drive. The traffic volumes on this street should therefore remain constant. Additional information, including a traffic study, will be required at the time of final development to ensure that proper traffic related standards are met. School Impacts - The requested change in land use designations do not require analysis for school impacts since both land use designations are commercial and do not generate new students into the school system. Conformity to City Land Development Regulations - The proposed amendments will facilitate a proposed rezoning of the northerly parcels from B2, Community Business District to ROS, Recreation Open Space and a proposed rezoning of the southerly parcels from ROS, Recreation Open Space to B2, Community Business District. Any future development will be in accordance with the site development standards of those districts. Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. 6 ~ BERCOW RADELL & FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE (305) 377-6238 E-Mail' mmarrero@BRZoningLawcom May 30, 2008 Exhibit 1 01 & 02-REZ-DS 02 & 03-CPA-D8 VIA HAND DELIVERY Ms. Joanne Carr, Planning Director City of A ventura 19200 West Country Club Drive, 4th Floor A ventura, Florida 33180 Re: 19999 West Country Club Drive; Zoning District Comprehensive Land Use Amendment Chan ae J Clnd Dear Joanne: This law firm represents TB Isle Resort, LP ,'\lith regard to lh,~ improvements and redevelopment of the Fairmont Turnberry Isle Resort 8;[ Club at 19999 West Country Club Drive (the "Property"). This letter shall serve as the Applicant's letter of intent to rezone and redesignate a portion of the Prope:-ty from ROS / Parks and Recreation to B2 / Business and Office; and to rezone and redesignate an equal portion of B2 / Business and Office area to ROS / Parks and Recreation. These zoning and CDMP amendments are part of the overall Phase I redevelopment of the Property. The conceptual master plan for the redevelopment of the country club/ golf course includes a change in the zoning of the laguna pool, grill room and tennis court area on the north and west side of the country club (the "Recreation Area") to the ROS zoning district and Parks and Recreation designation on the City's Future Land Use Map. In turn, the maintenance/ nursery area on the southwest side of the country club (the "Future Hotel Development Area") would become part of the B2 zoning district and Business and Office designation on the City's Future Land Use Map. The amount of land that is located in each zoning district would not change, sim pI y its location. This proposed "land swap" will shift the pool and temlis courts in the country club from the B-2 District to the ROS District. Section 31-148 of the City Code states that the ROS District "is intended to provide for the recreation and open space needs of the City." Pools and tennis courts certainly contribute to the recreational needs of the City, and thus are in WACHOVIA FINANCIAL CENTER. 200 soUTH BISCAYNE BOULEVARD, SUITE 850 . MIAMI, FLORIDA 33131 PHONE. 305.374.5300 . FAX. 305.377.6222 Ms. Joanne Carr May 15, 2008 Page 2 of 4 the spirit of the ROS District. Furthermore, the following uses are explicitly permitted in the ROS District: a. Open space and passive recreational areas; b. Golf course; c. Boat ramps and docks; d. Outdoor cultural, educational and civic facilities; e. Parks; f. Waterways; and g. Uses accessory to any of the above uses when located on the same plot. There is no detailed description of "parks" in the Use Regulations of the ROS District, nor is it defined in the City's land development regulations. However, common sense dictates that parks are intended to include tennis courts and pools, as a permitted uses. Nevertheless, at a minimum, they should both be considered accessory uses to parks and golf courses. (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed change will not be inconsistent with the goals, objectives and policies of the City's Comprehensive Plan. There will be no net change in the amount of land for either zoning district. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. There Property is already zoned a combination of B2 and ROS, and there additional lands surrounding the Property that are zoned B2 and ROS. Furthermore, since the resulting areas of each zoning district on the Property will be the same as prior to the amendment, the change is certainly compatible. (3) The subject property is physically suitable for the uses permitted in the proposed district. Although there has been no site plan associated with this application, the anticipated uses permitted in the proposed districts B~RCOW RAD~LL lSt FERNANDEZ ZONING. LAND USE AND ENVIRONI\IIENTAL LAV\I Ms. Joanne Carr May 15, 2008 Page 3 of 4 are, not only physically suitable but, compatible and associated with the existing use on the Property. (4) There are sites available in other areas currently zoned for such use. Not applicable. The effect of this application will result in the same amount of Parks and Recreation / ROS and Business and Office / B2 land. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The proposed change has been contemplated as an element of the ongoing Property redevelopment. (6) The proposed change would adversely affect traffic patterns or congestion. The proposed change will have no adverse traffic impact. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The application proposes on increase in population or overall changes in use. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. There is not expected to be any environmental impact as a result of this application. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety and welfare of the neighborhood or the City. Again, the resulting zoning and comprehensive plan designations will be the same as currently provided, but in slightly different locations within the Applicant's property. BERcowRADELL~FERNANDE.Z Z'C>NING. LAND USE AND ENVIRONMENTAL LAVV Ms. Joanne Carr May 15,2008 Page 4 of 4 Conclusion. The proposed amendments to the City's Future Land Use Map and the City's Zoning Map are part of the overall master plan for the Property, as well as one of the final components of the Phase I redevelopment that began in 2006. As described in the foregoing letter, the net amount of ROS/Parks and Recreation and B2/Business and Office land will rem.ain the same following these amendments, and it will all be retained on the Property. As such, we look forward to your positive review and recOlmnendation of these applications. Please feel free to contact me regarding any comments or questions you may have. cc: Ms. Joanne Carr, Planning Director David Wolpin, City Attorney Ken Bernstein, Esq. Dar Gennett, Esq. Jeffrey Bercow, Esq. Sincerely, B'ERCOW RADELL &. FER NAN DEZ ZONING. LAND USE AND ENVIAONrvtENTAL LAVV BROWARD COUNTY ..---.---. ," .. :. :. :. :. '. :. :. :. :. .. :. :. :. .. DADE COUNTY IVES DAIRY RD. MIAMI GARDENS DR. A\'Cl1fUrU Hospital & Medllo! Qj Cel1t('i :jf__ CJ~ () !-:? QJ w > <{ ~ The gJ 205 Promenade Shops 203 ST. o ~Cll C\J 201 TER I \ J -11'1'-10-'-'-'- ..l- . .- .. ......... . ....., '1"1'1"1' .........., '1"1"" ....... Gulfstream YACHT CLUB DR. I Park I MARINA I COVE I CIRCLE I I INE.B \!'Jf>,'{ : . . ~ , ~. \ ) ~ I <{ \ ;;!; WATERWAYS JUJ~ w AVENTURA t'.>\.-\JQ Fire I D Rescue Aventura Station Library ci > -..! ro 2 <( UJ U o A ventura Mall LEGEND City Boundary ZIP Code Boundary Railroad Exhibit 2 01 & 02-REZ-OS 02 & 03-CPA-OS AVENTURA ~~~l \:J i !~ \ \ } I ( : ;! \ 1 J I I I I I \ \ I I \ \ \ \II~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I " ".", .:1- :._ Jo. , II nJ" , .,~: " II II II r r ~ ~ ::l ::l a. a. en en :E :E ~ ~ '0 '0 m m x x 2: ~ g: g N 1'31\5 O'l m to to ?;' ?;' co co ~~ GOLF COURSE o ,~ ~(I..- is ('Vq ~4 'Vq ~ II Ii i-~'S .. = a .~ - n , ~ i G ~ ~. C': ~ ~ '" m Exhibit 3 01 & 02-REZ-OS 02 & 03-CPA-OS '" l~ Ir.?:!'i[ 'ti.~!liJ M. Ie l;l~" TURNBERRY ISLES RESORT & COUNTRY CLUB 2.69 Acres Swap Area AVENTURA, FLORIDA THOMAS CHECCA. p.E.1 ENVIRONMENTAL CONSULTANT "566N~73rdManorIPalloJand,f1otIda33016 Ph,~,0flb1F~(9",_'_7" ' ",,,'M ,..- " ........ - - - Exhibit 4 01 & 02-REZ-OS 02 & 03-CPA-OS LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the most Westerly Northwest corner of said Tract A-10. the following three (3) courses being along the exterior boundary of said Tract A-10; 1) thence N 89'19'28" E for 74.76 feet; 2) thence N 20'40'37" E for 91.48 feet to a point af curvature; 3) thence Nartheasterly and Sautheasterly alang a 120.00 foot radius curve leading to the right through a central angle of 138'25'38" far an arc distance of 289.92 feet to a non-tangent point, the following four (4) courses being along the exterior boundary of said Tract B-10; 1) thence N 69'06'15" E for 18.00 feet; 2) thence S 47'08' 16" E for 193.28 feet; 3) thence S 69'22'04" E for 60.00 feet to a point of curvature; 4) thence Southeasterly along a 400.00 foot radius curve leading to the right through a central angle of 17'56'41" for an arc distance of 125.28 feet to a non-tangent point; thence S 57'28'02" W for 83,50 feet; thence N 41'14'20" W for 87.05 feet; thence N 50'29'30" E for 0.30 feet to a paint an a circular curve concave ta the Southwest and whose radius paint bears S86'59'06"W; thence Northwesterly along a 43.43 foat radius curve leading to the left through a central angle of 76'34'58" for an arc distance of 58.05 feet to a non-tangent po'lnt; thence S 48'04'50" W for 0.37 feet; thence N 41'22'59" W for 27.49 feet; thence S 48'35'33" W for 10.09 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'02" W for 23,57 feet; thence N 41'11 '14" W for 31.03 feet; thence N 87'02'24" W for 13.93 feet; thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet; thence S 72'05'05" W for 26.41 feet to a point on a circular curve cancave ta the Narthwest and whose radius point bears S77'22'35"W; thence Southeasterly, Southwesterly and Northwesterly along a n.86 foot radius curve leading to the right through a central angle of 178'55'58" for an arc distance of 243.15 feet to a non-tangent point; thence S 87'31 '08" W for 28.18 feet; thence N 40'50'17" W for 36.67 feet; thence S 87'22'02" W for 27.30 feet; thence S 42'22'03" W far 16.97 feet; thence S 02"37'55" E for 47.13 feet; thence S 87'30'53" W for 61.56 feet to a point on the Westerly line of said Tract A-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 155.58 feet to the Point of Beginning, AND Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63.18 feet; thence N 42'26'47" E for 16. n feet; thence N 02'33' 13" W for 33.67 feet; thence N 87'26'47" E for 120.69 feet; thence S 02'33' 13" E for 42.01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02' 33' 13" E for 39.61 feet; thence N 87'26'47" E for 62.28 feet; thence S 02'33'13" E for 24.13 feet. the following six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87'26'47" W for 15.34 feet; 2) thence S 02"33'13" E for 34.14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet; 5) thence N 47'42'35" W for 19.88 feet to a paint on a circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120.00 foot radius curve leading to the left through a central angle of 38'07'22" for an arc distance of 79.84 feet to a non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of Beginning. Drawn By Cad. No, Ref. Dwg. MAP 081267 2007-034 r LEGAL DESCRIPTION I Date 10/21/08 Scale NOT TO SCALE Job. No 081267 Dwg. NO.1008-109-1 B Sheet 1 of 4 Plotted: 10/22/08 9:340 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Em.ail fls@t1ssurvey.com EXHIBIT 1 SURVEYOR'S NOTES: - This site lies in Section 3, Township 52 South. Ronge 42 Eost ond Section 34, Township 51 South, Ronge 42 East, City of Aventura, Miami-Dade County, Florida. - Bearings hereon are referred to an assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive, - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon containing 117,167 squore feet, or 2.69 ocres, more or less. - Dimensions shown hereon are based on Fortin. Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Doniel C, Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florido, Drawn By Cad, No. Ref. Dwg. MAP 081267 2007-034 r SURVEYOR NOTES AND CERTlFlCA TION I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO,1008-109-18 Sheet 2 of 4 Plotted: , 0/22/08 9:340 FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653 180 Northeast 168th. Street! NOTth lVfiami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-65 L-7152 I Email fls@flssurvey.com. C) I 7>.00' J LL Z r ~~ I 0 Z I ;<"'~ r- Z I ~8w I ~ (3 \ ~:~ 0 W rv 2:5 1 o..CO-.J "',,- ) /L1 [~ U1 WN () ....J 1\ ~aJ r-~ Z~ 00 I 0.. () TRACT A-10 AVENTURA TENTH ADDITION PLAT BOOK 13S PAGE 92 _____ \' EXTERIOR BOUNDARY LINE \ OF TRACT A-10 .-J '-MOST WESTERLY N W CORNEl!--- ----- --- OF TRAcr A-10 ___ --- --- --- eft, JgL21 ~ L24 j I "<01 ~, <X) 1V'M:STERL Y LINE OF TRACTS A-l0 '" B-l0 AND EASTERLY RIGHT OF WAY LINE OF 'M:ST COUNTRY CLUB DRIVE (~ () L19 - ~! \ ~3 zU :J>- "'''' I"'Z z::> wo Uu SOUTH LINE OF SECTION 34-51-42 NORTH LINE OFSECTlON 3-52-42 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 >- ~ w > a: o T ACT R A=38007'22" R=120.00' I- Cf) W S A=138025'38" R=120.00' L=289.92' \,.3 EXTERIOR BOUNDARY LINE OF TRACT B-l0 ('iT "- -I \,.\'0 L15 "!> ( N" (, ? ~ ,,'0 'iT <'<:, v V-o ~ V'b A= 178055'58" R=77.86' L=243.15' R8=S7J022'35"W LINE LINE TABLE LENGTH 74,76 91.48 18,DO 193.28 60,00 83.50 87,05 0.30 0.37 27,49 10,09 28.74 23.57 31.03 13,93 79.44 S.23 26.41 28,18 36,67 LI L2 U L4 L5 L6 L7 L8 L9 L10 Ll1 L12 L13 L14 U5 L16 U7 U8 Ll9 L20 B - ~O BEARING N89'19'28"E N20'40'37"E N69'OS'1S"E S47'08'1S"E S69'22'04"E SS7'28'02"W N41'14'20"W NSO'29' 30"E S4B'04'SO"w N4"22'59"W 54S'3S' 33"W N41'27'47"W S48'38'02"W N41"11'14"W N87'02'24"W S48'32'04"W S06'10'3'''W S72'OS'OS"W S87'31'08"W N40'SO'17"W EXHIBIT 1 FIFTH ADDITION SISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 TRACT U A=76034'58" R=43.43' L=58.05' R8=S86059'06"W A=17056'41 " R=400.00' L= 125.28' L..5 (.> LINE L21 L22 L23 L24 L2S L26 L27 L28 L29 UO L31 U2 U3 U4 US U6 U7 U8 U9 L40 LINE TABLE LENGTH 27.30 16.97 47.13 61.56 155.58 63,18 16,77 33.67 120.69 42.01 41.45 39.61 62.28 24,13 15.34 34.14 132.42 74.14 19.88 62.46 TURN BERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN. LEAVY, SKILES, SKETCH #2007-034 FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 I I 1 I I I I I ~I ~l ~I \ ({)I co \ 3 1\ ~ I () ~! I ~i:S~~'022'29"E 1e >- is ~ ~ N87'26' 47"E _ _ L26....J <V ~ r\ ~ I -;~I~;~-~6~Y:V<Y9 :J;' ~ I BEGINNING :l 8 I I ~ L37 ~ ;' ~EXTERIOR BOUNDARY LINE 73.00' I OF TRACT B-l0 >-l!\ I ~~~ 1 / TRACT U \ g;~ 1 / ii:Q' I I Drawn By Cad. No Ref. Dwg. r SKETCH OF DESCRIPTION MAP 081267 ([) 'v'O "'" '" \ \ \ \ \ \ \ \ ~ I I I I ) / / / / <: \ \ '" '" '" '" > / \ // \/ BEARING S87'22'02"W S42'22'03"W S02'37'SS"E S87"30'53"W N02'40'32"W N87"26'47"E N42'26'47"E N02'33"3" N87'26'47"E S02"33'13"E 587"26'47"W S02'33"3"E N87'26'47"E S02'33'13"E S87'26'47"W S02'33'13'E S87'26'47'W N02'33'13"W N47'42'3S"W N02'40' 32"W GRAPHIC SCALE 60 I 120 I 240 I ( IN FEET ) 1 inch = 120 It. FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach. Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / En"1ail tls@flssurvey.conl I Date 10/21/08 Scale 1"=120' Job. No. 081267 Dwg. NO.1008-109-1 B Sheet 3 of 4 2007-034 Plotted: 10/22/08 9:340 Drawn By Cad. No, Ref Dwg. Plotted: MAP 081267 2007-034 10/22/08 9:340 EXHIBIT 1 r>-\<.\) \.l\-t.'\J '2>0 ,\.l\<.r>- r>-'\Jt.~ A VENTURA MALL S 1'-1 1'(' tYO-1 () f\; () &S6 Q r EXHIBIT 1 w > 0:: o m :::J --! U >- 0:: I- Z :::J o U I- rJ) W '?; ~.t.. LOCA nON SKETCH FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FI~OR1DA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651- 7 J 52 I Ern.ail fls@flssurvey.cOITl TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT 1 I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO.1008-109-18 Sheet 4 of 4 Exhibit 5 01 & 02-REZ-OS 02 & 03-CPA-OS LEGAL DESCRIPTION: A portion of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB. according to the plat thereof, os recorded in Plot Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida. and being more particularly described os follows: Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida; thence N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223,65 feet; thence N 87"19'2S" E for 200.45 feet to the Point of Beginning; thence S 02'40'32" E for 147,73 feet; thence S 69'21 '03" W for 52,68 feet to a point on 0 circular curve concave to the Northwest and whose radius point bears N64'51' 11"W, the following three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along a 170,00 foot radius curve leading to the left through 0 central angle of 12'54'24" for an arc distance of 38,29 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112.01 feet to 0 point of curvature; 3) thence Northeasterly along 0 120.00 foot radius curve leading to the right through a central angle of 10'15'44" for on arc distance of 21.49 feet to the Point of Beginning. AND Commence at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way line of West Country Club Drive for 30.99 feet to the Point of Beginning, also being the Northwest corner of said Tract U, the following three (3) courses being along the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 36.00 feet to a point of curvature; 2) thence Southeasterly along a 4510,66 foot radius curve leading to the left through a central arrgle of 6'18'50" for an arc distance of 497,07 feet to the Northwest corner of Tract HH of said FIFTH ADDITJON BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to a point on a circular curve concave to the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along a 4299.22 foot radius curve leading to the right through 0 central angle of 3'48'14" for an arc distance of 285,43 feet to a non-tangent point; thence N 28'44'49" W for 43.73 feet; thence N 03'20'32" W for 24,05 feet; thence N 21'07'43" E for 71.73 feet to a point on a circular curve concave to the Northeast and whose radius point bears NS6' 31 '53"E; thence Northwesterly along a 4286.18 foot radius curve leading to the right through 0 central angle of 0'59'39" for an arc distance of 74,37 feet to 0 non-tangent point; thence S 87"27'34" W for 35,71 feeti thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E for 66,67 feet to a point on 0 circular curve concave to the Northwest and whose radius point bears N64'51' 11 "w, also being 0 point on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170,00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance of 184.48 feet to the Point of Beginning, ~~ 2007-034 r LEGAL DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168m. Street.'/ N'orth l'vIiami Beach, Florida. 33162 Phone: 305-653-4493/ Fax 305-651-7152 / En"lail fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job No. 081267 Dwg. No, 1008-109-28R Sheet 1 of 4 Drawn By Cad, No, Ref, Dwg, MAP 081267-1 Plotted 10/22/08 9:340 EXHIBIT A SURVEYOR'S NOTES: This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida - Bearings hereon are referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive, - lands shown hereon were not abstracted for easements and/or rights-of-way of records, Easements per said Plat Book 99 at Poge 20 not shown as requested, - This is not a "Boundary Survey" but only 0 graphiC depiction of the description shown hereon, - lands shown hereon containing 117.171 square feet, or 2.69 acres, more or less, - Dimensions shawn hereon are based on Fortin, leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" wos made under my responsible charge on October 21, 2008, ond meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant ta Section 472,027, Florida Statutes. By' 2007-034 ( SURVEYOR NOTES AND CERTlF/CA TlON I FORTIN, LEAVY, SKlLES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street. / North Miami Be,ach. Florida_ 33162 Phone: 305-653-4493/ Fax 305-651-7152 I Email fls@flssurvey.com Date 10/21/08 Scale NOT TO SCALE Job. No, 01381267 Dwg No,1008-109-2BR Drawn By Cad. No, Ref. Dwg MAP 081267-1 Plotted 10/22/08 9:340 Sheet 2 of 4 EXHIBIT A \ \ \ \ \ \ \ \ 1 \ \ \ \ \ \ \ \ \ \W \$ \ o Drawn By Cad No. Ref. Dwg. 081267-1 2007 -034 Plotted: 10/22/08 9:340 W > - cr: o co :J ...J () MAP >- cr: r- z :J o () \- (f) 73.00' RIGHi Of WAY PlA 1 SOOK 99 PAGE 20 \ \ \ \ \ s:- o:( 3\ ll-\ 01 I- a\ (i <.) ::i en ::> e:- I POINTOF~ \ BEGINNlN~A'" ~ / t N87'19'28"~ - ..1QQ~ - - EXTERIOR SOUNDARY LINE - - - - - A=10015'44'' OF TRA~T;C~-UlO AND \ R=120.00' L=21.49' GRAPHIC SCALE o 40 80 ~ .w N. nm .00: -c::t .,. 0 ~ Nn o Ul 7300' ~~~~\'iiOlil~~ TRACT [8-iO PAGE 20 .Ul \ AVENTURA TENTH ADDITION <!) PLAT BOOK 136 PAGE 92 n ~I I~ ~ ~~ .~\ u~ . <u N :~ ~\ zz <" 03 I~ ~~ s~ cb~ ~:l u>- << ~;< ~~ "':I: Z0 ~CE >-r fi~ ~~ ~~ 160 I ( IN FEET ) 1 inch = 80 fl. POINT OF COMMENCEMENT S W, CORNER OF TR ACT B-10 A=12054'24" R=170.00' L=38.29' RB=N64051'11"W I TRACT C-10 I PLAT BOOK 136 PAGE 92 I I . ~ FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 o z < 7300' RIGHl Or WAY PlA 1 BOOK 99 PAGE 20 50UTH UNE OF TRACT U ( SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeas"t 168th. Screet I North lYfianl.i Beach, Florida. 33162 Phone~ 305-653-4493 :' Fax 305-651-7152 / En-.ail fls@flssurvey_com A=oo59'39" R=4286,18' L=74.37' RB=N86031 '53" E :...INE TABLE LINE L[NGTH BEARING II 147,73 502'40'32"[ l2 52,68 S69'21'03'W l3 11201 N12"14'2S-E l4 36,00 502'40'32"[ l5 211,4 NB1'OO'39'E L6 4373 N28"44'49~W l7 24,OS N03'20'32'W lB 71,73 N21'07' 43"[ L9 35,71 587'27' 34"W llO 61_79 N45'59'34'W l11 66,67 NOO.3S' 40'E A=3048'14" R=4299.22' L=285.43' RB=N81000'38"E NORTH UN[ OF TRACT HH PLAT BOOK 99 PAGE 20V~ I Date 110/21/08 Scale 1 "=810' Job. No, 1081267 Dwg No,1008-1109-2BR Sheet 3 of 4 EXHIBIT A ~,?-Q , \\...(.\1 eO\) \\j'?-~ ~ \1(.~ ~ (' ~ \TURNBERRY ISLE RESORT ::J & COUNTRY CLUB --.J U >- n::: r- Z ::J o U r- (fJ W ~ TURN BERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE AVENTURA MALL EXHIBIT A Sr,,/ r(' 11'0"'/D I\;() &S6' ~o Si'?-(C'I ~.[. ,92 9 ~ Drawn By Cad, No MAP 081267-1 2007-034 r LOCA TlON SKETCH FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. No,1008-109-2BR Ref. Dwg. Plotted' 10/22/08 9:340 180 Northeast. 168th. Stteet. / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / En..ail fls@f1ssurvey.com Sheet 4 of 4 APPLICANT REPRESENTATIVE AFFIDA vir Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application. and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists. Ete.) AlIo~n~t/ I Al#r"1 ' ~61AJ6GfL 0u /l.. cJE;4( 0 Ii!!., 1J1, C WA e L. )/" R./tSfUJ .;;J;:;pt.:~ "&R.~ W --r;o I'-t ~ 0 Ht!f;U #f 'DA.Nae-1-. her/A) (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND .THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ;/ DAY OF....;1;,.,6 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER ,l""' / .1 . 20ri. (Signature) By: (Si~ture) Name: ...d e f-/:rint) r-:J Title: A.......AJ& r..fU"'JJeL. Address: /J9SJ ~ afl~ ~4 ..De -r~ "& ~eA, S~180 By: Name: (Print) Title: Address: SWORN TO AND SUBSCRIBED BEFORE ME this t day ofJ.,N6 .,,':S.:}:!J,~.. Ana R Zeigler ,..,_:,-\.. if .,;'/;,*," ' , ' Dr. .(~.l.'}~"~" . "," ik:;" \('~ Cf\mmission '# D ~,:y.;":,6') \lilli "- ". (' '(' . ":~7,/fi Expires June 23, 2,n ) :,8:~Fi:r~~"'" fi~~Mtld Tro~ faltl ~ Inl:tl,lrl;H1Ct'l. lnl:'. p.nn.%S-701~: BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavil is made pursuant to Section 31-71(b)(2)(ii) of \he City of Aventura land Development Code. The undersigned Affiant hereby discloses that (mark with 'x' ~Iicable portions only) [J(i. Affiant does not have a Business Relationship with any member of the City CommiSSion or any City Advisory Board to which the application will be presented. [ ) 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which \he application will be pl'esented, as follows: (list name of Commissioner or Advisory Board Member) who serves on the (lisl City Commission or City Advisory Board upon which member serves). The nature of lhe Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicanl or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer wilh the Applicant or Representative in any business venture; [ J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from \he same office or for the same employer as the member of the City Commission or Board; [ ] iv, A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; By: Name' Title: [ ) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts re than $25,000.00 of the business of the Applicant or Representative in a given calendar year, -i- DAY OF J..~ ,2008 APPLICANT: ,2008 (Signature) (Print) (PrinV 'The terms "Business Relationship,' "Client,' 'Customer.' "Applicant,' "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code, '-{~ :s u I\.L , 2001> WITNESS MY HAND THIS DAY OF REPRESENTATIVE: (Lisled on Business Relationship Affidavit) By: ~ ( (Signature) By: (Signature Name:J~ey &nclw (Print) Name: (Print) """ M+ ~ (Print) Tille: (Print) B~ ~~"~ature) By: (Signature Name: M. \ (....V\~t \ M. 0. ( ~rin?) Name: (Print) Tille: ~1 (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Tille: (Print) Tille: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Tille: (Print) Tille: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Tille: (Print) Tille: (Print) Tille: (Print) Tille: (Print) NOTE: 1) Use duplicate sheets if disclosure inrormation for Representative varies 2) Applicants and Affiants are advised to timely supplemcnt this Affidavit pursuant to Scc. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, thc information provided in the Affidavil becomes incorrect or incomplete .w .200& WITNESS MY HAND THIS ~DA Y OF .j U fV F R~~ lIVE; (USI~ on B~JSi"es' R,I"'llS"" Affi''''') BY..~~Y~(SlgnaIUre) By: (Signature Name:i}\~if~L C. Fo.~rl~) (Prin/) Name: (Print) (Print) Title: (Print) Signature) By: (Signature Name: .~\'6 aecc!\ (Print) Name: (Print) TiUe: ~,..)evL (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Plint) Tille: (Print) Title: (Print) By: (Signa/ure) By: (Signature Tille: (Print) Title: (Print) Tille: (Prin/) Tille: (Print) By: (Signa/ure) By: (Signature Tille: (Print) Title: (Print) Tille: (Print) Title: (Print) By: (Signalura) By: (Signature Tille: (Print) Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affianls are advised to timely supplement this Affidavit pursuant to Sec. 31.71(b)(1)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect or incomplete NOTARIZATION PROVISION Dn~~~:',,-:,{r:;}r D;W15f;!D ~' STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the u~dersig~ed authority. perso~a\ly appearedt{ ICh/lot-1 executed this Affidavit for \he purposes staled therein and that it is true and correcl SWqF,TO Ah1I'l.SlIRSGalBffi,~eIofl!~e'u,w.;~-,~$MJ?/ I .#"'~ d:JIDryP1J:l!tc ~,1EJ!P!;)l !'k'j'~' I, il !l~',lJ:' .::Jdty!Je~bn~, . ; ~; '-^~, .r:J \;1, C0Tnmlsm0JJ " "V.h~' A::t ""'_':"~'>"'''' .>J>'[1~Mfl~,::; ,L.._. :. ~~.~:;.~-- ---~;.",;~~~~~~~~~:_~~~:. eing first by me duly swom, did swear or affirm \hal he/she ST ATE OF FLORIDA ) COUNTY OF MIAMl,DADEl Belore me, Ihe undelsig~ed aulhority, perso~aHy appeared executed this Affidavit for the purposes staled Iherein and thai i1 is true a~d correct the Affian!. who being first by me duly swom, did swear or affirm lI1al he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_ Nolary Public Stale of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA 1 COUNTY OF MIAMI-OAOE) Belore me, the undersigned authority. personally appeared execuled this Affidavit lor the purposes staled therein and that il is true and CllrTecl the Affiant who being first by me duty swom. did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 .200_ Notary Public Stale of Florida At Large Printed Name of Notary Wrt commission expires: NOT ARIZA nON PROVISION STATE OF FLORIDA ) COUNTY OF MlAMI-DADE) BelOle me, the undersigned ~uthorily. personally appeared DAij/~L- C. fia.T.~ executed this Alftdavit for Uw pUlposes slated therein and thai II is 1rue and rorrect SWOR O"'~i4i':' Notary Public State Of Flonda ~ ~~ PV-r: Susan P Kay ~ c. ,;! My Commission DD767544 ...~ OF f\.oq> Expires 04/06/2012 ~V STATE OF FLORIDA ) COUNTY OF MlAMI,DADE) ,.,-;'/ Before me, the undersigned authorily. personally appeared /; '14- executed this Affidavit for the purposes slaled therein and thai it islrue and correcl Yo ~~P~ R~(' . . ~- ,; ~Of ...<1' Notary Public State of Florida Susan P Kay My Commission DD767544 Expires 04/06/2012 ,200!' L{ l!- t' LA/)!-U' , li~( NO\pIy Pu!llic tJ Of)!frida At Large . ~v~/ ., 1~v4 V Ponted Name of Notal}' y ,/ My co ission expires: - l7 y.Jd J J- AFFIA .200Y //1 d' ~~ JvL Il-V t. " -A._I NQl.al}' Public ~le ~IO~ At ~e j .J. U..Lll'I ' .4 Ponted Name of Notal}' My commission ~pires: r"... /, ~/ d-- ST ATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undelsigned authority, personally appeared execuled this Affidavit for Ihe purposes staled therein and that it is troe and correct the Affianl. who being filSt by me duly swam did swear Dr afr1f1l1 that he/she SWORN TO AND SUBSCRIBED before me this _ day 01 AFFIANT .200_ Notary Public Slate of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority. ~lSonall~ BflPeared executed this Allidavil for tl1e purposes slated 1herein and that il is \rue and correct the Affiant, who being fll'it by me duly swom, did swear or affirm 1I1al he/she SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT .200_ NoliIIY Public Stale of Florida At Large Printed Name of Notary My commission expires: NOTARIZATION PROVISION S !"J . Betty Llerena ~~..Q My Commis1lior. 00524988 , ..,.o,~~ <l Expires03J051201(l ! ,_,,__'~"""""'''''''I''>~..=:l; STATE OF FLORIDA I COUNTY OF MlAMI,DADE) Before me, Ule undersigned aulhorily, pel$onally appearedt't ",h~ I executed !his Affidavit for lhe purposes slaled Ihatein and Ilia! M is true and correel !~, ~orf'.'I f{.(~ '''I:~'"" _"" ~.."..~ "'h.'M AFFIANT baIo_~Vlft .~ Notary Public St8te oTFlOooa i Betty Uerena .: / My CommisSion D0524988 : N Emr.es 03f0512010 t ---=-==-~~-'..,,... ,.. S STATE OFFLORIDA I COUNTY OF MlAMI.DADE) Belme me, 1l1e undersigned aulhority. personally appeal1! ~. executed Ihis Afftdavil for lhe purposes slaled thatein and thalli is true and correcl or afnlllllhal he/she SWORN TO AND SUBSCRIBED IIGlore me !his 4- day of .,J;t~ , 'i ,.~~:t, ?",,;nW ::'.~..:,,:':'L,':..)u<;' , P. n <<;;Ii. k"" ~\t;: 8 ~;; .~.... ,. .::g:>'~Ij,"':f<;-:. "-'ommis"ion 'ff. ' ::.>.~.~ t~. i'~~ ~~". " ~ ;P'! ~~ :,:..., ,)~.."';> '-"~p.\leS ,~i",1'" ./!:~~~~~:t~. f~'~:~;: ~'r~'y F~H~ _ln~m:ml;(!];V: \-.)crr~ze ~ STAlE OF flORIDA ) COUNTY OF ~AMI.OADE) Before me, Ihe undelsigned aulhorily, personaUv appeamd execuled lhis Alftdavil for the purposes slaled lherein and that iI is true and COIfecl !he Aman~ who ~in9 first by me duly swom, did swear Of afnllll1l1al helshe AFFIANT SWORN TO AND SUBSCRIBED before me Ihis _ day of .200_ Nolary Public Slate of flolida At l8lge Prinled Name 01 Nol.Ilry My commission expires: ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS LOCATED ON WEST COUNTRY CLUB DRIVE, CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO PARCELS OF LAND LOCA rED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the property described in Exhibit "A" as Business and Office; and WHEREAS, the Future Land Use Map of the Plan designated the property described in Exhibit "B" as Parks and Recreation; and WHEREAS, the applicant, TB Isle Resort, LP, has made application to change the future land use designation of the property described in Exhibit "A" from Business and Office to Parks and Recreation; and WHEREAS, the applicant, TB Isle Resort, LP, has made application to change the future land use designation of the property described in Exhibit "B" from Parks and Recreation to Business and Office; and WHEREAS, the City Commission has agreed to approve a Recreation Open Space zoning designation on the property described in Exhibit "A" and agreed to approve a Ordinance No, 2009- Page 2 Community Business zoning designation on the property described in Exhibit "B", conditioned upon the approval of these respective Plan amendments; and WHEREAS, the City Commission has determined that the proposed amendments are consistent with the intent of the original development plan for the properties and that all public conditions and restrictions have been satisfied; and WHEREAS, the Plan amendments will not result in impacts on any infrastructure system that will exceed established Level of Service standards and are otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the property described in Exhibit "A" from Business and Office to Parks and Recreation and to amend the future land use map designation on the property described in Exhibit "B" from Parks and Recreation to Business and Office; and WHEREAS, the City Commission believes the amendments will maintain the unique aesthetic character of the City and improve the quality of life for its residents by exchanging the future land use designations for these properties, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance, Section 2. Purpose. That the action contemplated by this Ordinance preserves the unique aesthetic character of the City, ensures that adjacent land uses are compatible, protects property values, creates a better business climate, enhances the physical appearance of the community and preserves the natural beauty of the City, Section 3. Amendment of Future Land Use Map Desianation. That the future land use map designation of the parcels of land described in Exhibit "A" to this ordinance, totaling 2,69 acres is hereby changed from Business and Office to Parks and Recreation, Ordinance No, 2009- Page 3 Section 4. Amendment of Future Land Use Map Designation. That the future land use map designation of the parcels of land described in Exhibit "B" to this ordinance, totaling 2,69 acres is hereby changed from Parks and Recreation to Business and Office, Section 5. Severability, That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part, Section 6. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions, Section 7. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as provided under Chapter 163, Part II of the Florida Statutes, Section 8, Effective Date, This Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the Plan Amendments approved by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs or Administration Commission finding that the Plan Amendments in compliance in accordance with Section 163,3184, Florida Ordinance No, 2009- Page 4 Statutes, whichever occurs first. The Florida Department of Community Affairs' notice of intent to find the Plan Amendments in compliance shall be deemed to be a final order if no timely petition challenging the Plan Amendments is filed pursuant to Chapter 163, Florida Statutes, The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading, This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading, This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No, 2009- Page 5 PASSED on first reading on this 5th day of May,2009. PASSED AND ADOPTED on this 2nd day of June, 2009, Susan Gottlieb, Mayor A TIEST: TERESA M, SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: r--z{ h-n CITY A TIORNEY EXHIBIT '" LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plot thereof, as recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County. Florida, and being more particularly described as follows: Begin at the mast Westerly Northwest carner of said Tract A-10, the following three (3) courses being along the exterior boundary of said Tract A-10; 1) thence N 89'19'28" E for 74,76 feet; 2) thence N 20'40'37" E for 91.48 feet to a point of curvature; 3) thence Northeasterly and Southeasterly along 0 120.00 foot radius ~urve leading to the nght through 0 central angle of 138'25'38" for on arc distance of 289.92 feet to 0 non-tangent point, the following four (4) courses being along the exterior boundary of said Tract B-10; 1) thence N 69'06'15" E for 18.00 feet; 2) thence S 47'08'16" E for 193,28 feet; 3) thence S 69'22'04" E for 60.00 feet to 0 point of curvature;' 4) thence Southeasterly along 0 400,00 foot radius curve leading to the right through 0 central angle of 17'56'41" for on arc distance of 125.28 feet to a non-tangent point; thence S 57'28'02" W for 83.50 feet; thence N 41'14'20" W for 87.05 feet; thence N 50'29'30" E for 0,30 feet to a point on a circular curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly along 0 43.43 foot radius curve leading to the left through a central angle of 76'34'58" for on arc distance of 58,05 feet to 0 non-tangent point; thence S 48'04'50" W for 0,37 feet; thence N 41'22'59" W for 27.49 feet; thence S 48'35'33" W for 10,09 feet; thence N 41'27'47" W for 28.74 feet; thence S 48'38'02" W for 23.57 feet; thence N 41'11 '14" W for 31,03 feet; thence N 87'02'24" W for 13.93 feet; thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet; thence S 72'05'05" W for 26.41 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears S77'22'35"W; thence Southeasterly, Southwesterly and Northwesterly along o 77.86 foot radius curve leading to the right through a central angle of 178'55'58" for on arc distance of 243,15 feet to 0 non-tangent point; thence S 87'31'08" W for 28.18 feet; thence N 40'50'17" W for 36.67 feet; thence S 87'22'02" W for 27,30 feet; thence S 42'22'03" W for 16,97 feet; thence S 02'37'55" E for 47,13 feet; thence S 87'30'53" W for 61.56 feet to 0 point on the Westerly line of said Tract A-10, also being the Easterly right of way line of West Country Club Drive, thence N 02'40'32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 155,58 feet to the Point of Beginning, AND Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63,18 feet; thence N 42'26'47" E for 16.77 feet, thence N 02'33'13" W for 33,67 feet; thence N 87'26'47" E for 120.69 feet; thence S 02'33' 13" E for 42.01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02'33' 13" E for 39.61 feet; thence N 87'26'47" E for 62.28 feet; thence S 02'33'13" E for 24,13 feet. the following SIX (6) courses being along the exterior boundary of said Tract 8-10; 1) thence S 87'26'47" W for 15.34 feet; 2) thence S 02'33'13" E for 34,14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74,14 feet; 5) thence N 47'42'35" W for 19.88 feet to 0 point on 0 circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along 0 120.00 foot radiUS curve leading to the left through 0 central angle of 38'07'22" for on arc distance of 79,84 feet to 0 non-tangent point; thence N 02'40'32" W for 62,46 feet to the Point of Beginning Drawn By Cad, No. Ref. Dwg, MAP 081267 ( LEGAL DESCRIPTION I Date 10/21/08 Scale NOT TO SCALE Job. No, 081267 Dwg. NO.1008-109-1B Sheet 1 of 4 2007-034 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICA TE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 J En"1ail fls@flssurvey.con1. Plotted: 10/22/08 9340 EXHIBIT A SURVEYOR'S NOTES: - This site lies in Section 3. Township 52 South. Range 42 East and Section 34. Township 51 South, Range 42 East. City of Aventura. Miami-Dade County, Florida. - Bearings hereon are referred to an assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive - lands shown hereon were not abstracted for easements and/or rights-of-way of records, - This is not 0 "Boundary Survey" but only a graphic depiction of the description shown hereon - lands shown hereon containing 117.167 square feet. or 269 acres, more or less, - Dimensions shown hereon are based on Fortin. leovy. Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of ProfeSSional Surveyors and Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes "Not valid without the signature and the original raised seal 01 a Florida licensed Surveyor and Mapper' FORTIN, LEAVY, SKILES, INC" LB3653 By: Daniel C. Fortin. For The Firm Surveyor and Mapper. LS2853 State of Flonda Drawn By Cad, No, MAP 081267 r SURVEYOR NOTES AND CERTlFICA TlON I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO'1008-109-18 Sheet 2 of 4 Ref Dwg, 2007 -034 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 N-ortheast 168th. Street; I North Miami Beach" Florida. 33162 Phone; 305-653-4493 / Fax 305-651-7152 / En,ail fls@f1ssurvey_c-om Plotted. 10/22/08 9:340 C!) I ",,00' J LL Z r ~~ 'I 0 z 13',,&: I-Z I iS8w \ ~ (3 ~:~ Ow rv \ ~;;i I/CL a:l -..J \ - EXTERIOR BOUNDARY LINE L 1 OF TRACT A-l0 ~ I ['-M05T WE5TERL Y N W CORNEy ---- ---- Z OF TRACT A-l0 ---- \ ~ u> C ,; ---- ---- I LL ~ ~ LJ.j;; ~21 <''''0 \ Ow N L19 I-~ -' ~ ~ L24 j 00 \-- I CL 0 I \ -wi \ ~I OJ IVWESTERLY LINE OF TRACTS A-l0 & B-l0 AND EASTERLY RIGHT OF WAY LINE OF WE5T COUNTRY CLUB DRIVE TRACT A-~O AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 ____ ( - A= 138025'38" R=120,OO' L=289,92' \.3 I EXTERIOR BOUNDARY LINE I OF TRACT B-l0 <'" r... l15 r:, <' ~" <~ 7 '" ,,<0 17 ,,'\( " "70 ,,0, "CO -.J \..\~ A=178055'58" R=77.86' L=243,15' RB=S77022'35"W ~! \ ;d ::0>- 0"" wo- o-z z::o wo Uu 50UTH LINE or SECTION 34-51-42 NORTH LINE OF5ECTlON 3-52-42 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 0- ~ w > a: o T C T [R A LINE LINE TABLE LENGTH 74.76 91.48 lB,OO '93,28 60,00 B3,50 B7,OS 0,30 0,37 27,49 1009 2B,74 23,57 3'03 13,93 79,44 623 26.41 2B,18 3667 BEARING NB9"9'28"E N20'40'37"E N69-06"S"E 54 7'OB'16 "E 569'22'04"[ SS7'2B'02"W N41"14'20"W N50'29'30"[ 54B'04'50"W N41-22'S9"W S4B'3S'33"W N 41'27' 4 7"W S48'38'02"W N41"11'14"W N87"02'24"W S4B".32'04"W 506'10'31 "w 572'OS'OS"W 587'3"08"W N40'50"7"W TRACT U EXHIBIT A FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK99 PAGE 20 A= 76034'58" R=43.43' L=58,05' RB=S86059'06"W A=17"56'41 " R=400,OO' L=125,28' '-5 (". LINE L21 L22 L23 L24 L2S L26 L27 L2B L29 UO Ul U2 U3 U4 US U6 U7 UB U9 L40 UNE TABLE LENGTH 2730 16,97 4713 61.56 IS5.5B 63,1B 16,77 33,67 120,69 42,01 41.45 39,61 62,28 24,13 IS,34 34.14 132.42 74.14- 19,BB 62,46 TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2D07-034 Ll L2 L3 L4 LS L6 L7 LB L9 LlO LI1 Ll2 L13 Ll4 LIS Ll6 Ll7 Ll8 L' 9 L20 B - iO "" "" '\ \ \ \ \ \ \ \ ~ \..'0 BEARING 587'22'02'W 542'22'03'W 502'37'55"[ S87'30'53"W N02'40'32'W NB7'26' 47"[ N42'26' 4 7"[ N02'33',3'W N87'26'47"E S02'33'13"E 587'25'47"W S02'33'13"E N87'26'47"E 502'33'13"E 587'26' 47'W 502'33'13"E 5B7'26'47"W N02'33'13"W N47'42'35"W N02'40'32"W I \ I I ) / / / / ( '\ '\ '\ '\ '\ '\ > / '\ // 'v L29 ~o r'l L31 -' TRACT D-10 ~ 3 i AVENTURA TENTH ADDITION .....J L3..,. PLAT BOOK 136 PAGE 92 L.~5:3 __--~ <.!) 7 :3 '\ '\ \ I I \ I I \ I ,wi ('oJ ~I ~1 \ (/)1 CO \ :J I I A=38007'22" -I I ~ R=120,OO' () - \ '" I l=79,84' i ~ RB=S29022'29"E ~r ~ 2 I ~ ~___ri811~4~'1__- L26 {y ~ ~ \ ~ I POIN~o~~6~vV: <'<Y9 :J ~ ~ I BEGINNING ~:3 8 I ~ I l37 ~ / ExTERIOR BOUNDARY LINE I- 7300 OF TRACT 8-'0 (f) >-~ I w I ~:&: I I TRACT U S \ iSgt5 I ~~~ / <roC I / FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 o Drawn By Cad No r SKETCH OF DESCRIPTION MAP 081267 GRAPHIC SCALE 60 I 120 I ( IN FEET ) I Inch = 120 It 240 I FORTIN, LEAVY, SKlLES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street: / North Miami Beach, Florida. 33162 Phone: 305-653-4493/ Fax 305-651-7152 I En.ail fls@flssurvey.com I Date 10/21/08 Scale 1 "=120' Job, No, 081267 Dwg, No,1008-109-1B Sheet .3 of 4 Ref, Dwg, 2007-0.34 Plotted: 10/22/08 9:340 Drawn By Cad No Ref Dwg, Plotted: MAP 081267 2007 -034 10/22/08 9340 EXHIBIT A '0,,-C,j ~I"\) ~ '00 '-1'<\'01" f'., '\1<- A VENTURA MALL S //1 '~ If: J?O",,!O /1;0 r &s(; EXHIBIT A w > [(' o OJ ~ U >- [(' I- Z :) o U I- If) W :;;: S\RtJ:.\ \'1( '\ 92\'10 9 LOCA nON SKETCH FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Nonheast 168th. Street / North Miami Beach, Florida. 33162 Pnone: 305-653-4493 I Fax 305-651-7152 I En1.ail fls@f1ssurvey_ccHll TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT A I Date 10/21/08 Scale NOT TO SCALE Job, No. 081267 Dwg, No 1008-109-1B Sheet 4 of 4 EXHIBIT I! LEGAL DESCRIPTION: A portion of Tract U, FIFTH ADDJ1ION BlSCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded In Plot Book 99 at Page 20 of the Public Records of Mlam'-Dade County, Florida, and being more particularly described os follows: Commence at the Southwest corner 01 Tract B-10, AVENTURA TENTH ADDf110N, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida; thence N 02'40'32" W clang the Westerly line of said Tract B-10, also being the Easterly right cf way line cf West Country Club Drive for 223,65 feet; thence N 87' 19'28" E for 200.45 feet to the Point of Beginning; thence S 02'40'32" E for 147,73 leet; thence S 69'21'03" W for 52,68 feet to 0 POint on 0 Circular curve concave to the Northwest and whose radius pOint bears N64'51'll"W, the following three (3) courses being along the extenor boundary of said Tract B-10; 1) thence Northeasterly along 0 17000 foot radius curve leading to the left through a central angle of 12'54'24" lor an arc distance of 38,29 feet to 0 point of tangency; 2) thence N 12' 14'25" E for 112,01 feet to 0 point of curvature; 3) thence Northeasterly along a 120,00 foot radius curve leading to the right through a central angle of 10'15'44" for on arc distance of 21.49 feet to the Point of Beginning, AND Commence at SOld Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way line 01 West Country Club Drive for, 30,99 leet to the Point of Beginning, also being the Northwest corner of SOld Tract U, the following three (3) courses being along the exterior boundary of said Tract U, 1) thence S 02'40'32" E lor 36,00 leet to 0 point of curvature; 2) thence Southeasterly along a 4510,66 foal radius curve leading to the left through a central angle of 6'18'50" for on arc distance 01 49707 feel to the Northwest corner 01 Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH lor 211,44 feet to 0 point on a circular curve concave to the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along 0 4299,22 loot radius curve leading to the right through 0 central angle 01 3'48'14" lor on arc distance of 28543 leet to 0 non-tangent pOint; thence N 28'44'49" W for 43,73 feet; thence N 03'20'32" W lor 24,05 leet; thence N 21'07'43" E lor 71,73 feet to 0 point on 0 clCcular curve concave to the Northeast and whose radius point bears N86' 31' 53"[, thence Northwesterly along 0 4286,18 foot radius curve leading to the right through 0 centro; angle of 0'59'39" for on arc distance of 74,37 feet to 0 non-tangent point; thence S 87'27'34" W lor 35,71 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E lor 66,67 feet to 0 point on a circular curve concave to the Northwest and whose radius point bears N64'51'11"W, also being 0 point on the extenor boundary 01 said Tract U; thence Southwesterly along sOia exterior boundary 01 Tract U, also being along 0 17000 loot radius curve leading to the right through 0 central ongle of 62'10'39" for on ore distance of 184.48 lee I to the Point 01 Beginning ~~ Ref Dwg 2007-034 r LEGAL DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS &. MAPPERS FLORIDA CERTIFICATE 'OF AUTHORlZA TIO:r-.; NUMBER: 00003653 180 Northeast 168th. Street: I Nort:h 1\.-1:iami Beach. Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / En"l.ail fls@flssurvey_com I Date 10/21/08 Scale NOT TO SCALE Job, No 081267 Dwg, No 1008-109-2BR Sheet 1 of 4 Drawn By Cad, No MAP 081267-1 Plotted 10/22/08 9,340 EXHIBITB SURVEYOR'S NOTES: - This site lies In Section 3, Township 52 Sou:h, Range 42 East, City of Aventuro, Miami-Dade County, Flonda - Bearings hereon are referred to an assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive, - Lands shown hereon were not abstracted for easements ond/or rights-of-way of records - Easements per said Plot Book 99 at Page 20 not shawn os requested - This IS not a "Boundary Survey" but only a graphiC depiction of the description shown hereon, - Lands shown hereon containing 117,171 square feet, or 2.69 acres, more or less. - Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made unaer my responSible charge on October 21, 2008, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers In Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes "Not valid without the signature and 1he original raised seal of a Florida Licen ~ eyor and Mapper" :,O~:~:"_C~53__ Surveyor and Mapper, LS2853 State of Flonda, Drawn By MAP 1081267-1 ( SURVEYOR NOTES AND CERT/F/CA nON I Date 110/21/108 Scale NOT TO SCALE Job, No 101081267 Dwg No 11008-1109-2BR Sheet 2 of 4 Cad No Ref Dwg 210107-1034 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CER TIFICA TE OF AUTHORlZA TION NUMBER: 00003653 180 Non:.heas( 168th_ Sneet I N"orth Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@f1ssurvey.con~ Plotted 10/22/08 9340 EXHIBIT~ I I I ~ 7300' RIGHT or WAY PLAT SOOK 99 PAGE 20 \ I \ \ \ I I \ \ \ \ \ \ \ \ \ \ \ w > - a: o o Drawn By MAP Cad No 081267-1 2007 -034 Ref Dwg Plotted, 10/22/08 9,340 co :J .-J () >- a: r- z :J o () r- (/) UJ S 73. 00' RIGHl OF WAY PlA 1 800K gg PAGE 20 \ \ \ \ \ FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 I POINT OF~ BEGINNIN~ AS ~ I _ _N.f!,T12'~'~ _ ~O~~ __ ;r A= 100 15'44" i I R=12000' L=2149' 7300 1 ~~c:,\~o:~~ TRACT [8-10 PAGE 20 'u) I AVENTURA TENTH ADDITION <D PIJ\T BOOK 13& PAGE 92 n N ~ POINT OF r COMMENCEMENT 3\ ;' SW, CORNER OF mACT 8-10 II!! , . ~ ~ ~3 '~II ,TRACT C-10 t:i u t;, I PLAT BOOK 136 PAGE 92 ii ;iZII i 7~ I~_ ~~ oll... .W. _0 -0.1'" ~~ r<) (jJ ~~ ~ ~ ~ Ur N I"') ~~ ~ ~~ WI Z<o u... ::::i& o ~~ ~ ~~ ~ I ~~ a: ~ o ::; CO ::J Il.. ('0 >: <( ~ SOUTH UNE OF mACT U LS ----~Fwm~~~N~~ TRACT HH ( SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC" CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORJDA CERTIFICATE OF AUTHORlZATION l-JUMBER: 00003653 180 Northeast 168th. Suee1: / North Mian..i Beach, Florida. 33162 Phone: 305-653-4493 (Fax 305-651-7152 / Email fls@flssurvey.conl . \ EXTERIOR 80UNDARY LINE or TRACTS 8-10 AND TRACT U GRAPHIC SCALE 40 80 I I IN FEET ) 1 inch = 80 II 160 I A=12054'24" R=170,OO' L=38,29' RB=N640S1'11 "W L9 A=0059'39" R=4286,18' L=74,3T RB=N86031'53"E LINE TABLE LINE LENGTH BEARING Ll 147.73 502'40' 32"[ L2 52,68 S69'21'03"W l3 , 12.01 N12'14'25'E L4 3600 S02'40'32"[ L5 211.4 N81'QQ' 39'[ l6 43,73 N28'44'49~W L7 24,05 NOnO' 32'W L8 7173 N21'07'43"E L9 35,71 SBT2T34'W LID 61.79 N4S'S9' 34~W Ll1 66,67 NQQ'35' 40"E A=3048'14" R=4299,22' L=285.43' RB=N81000'3S"E NORTH LINE OF TRACT HH PLAT 800K 99 PAGE 2Q~~ I Date 10/21/08 Scale 1 "=80' Job No, 081267 Dwg NO'1008-109-2BR Sheet 3 of 4 EXHIBIT~ \) /~ q~\~~~r\ [ ~ f>.~"- 0 \ / OJ ,TURNBERRY ISLE RESORT :3 I I & COUNTRY CLUB [-_// i\ I \ 8\ f-l I ~\ I AVENTURA MALL \ ( LOCA nON SKETCH FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 S/'/I " /'.(' 1?0-1!) /vo &S6 Drawn By MAP 081267-1 Cad No Ref Dwg, 2007 -034 \ \ \ \ \ \ l/ s \,pJj:J- Nt:. ,92N\) Q TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT ~ /~ I Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg No 1008-109-2BR 180 N-ortheast 168th. Street. I North 1'v1iami Beach, Florida_ 33162 PJolted: 10/22/08 9:340 Phone: 305-6"'3-4493 ,. Fax 305-651-7152 / Email fls@flssun.-ey.com Sheet 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager / BY: Joanne Carr, AICP Community Developmen rector DATE: April 16, 2009 SUBJECT: Application by TB Isle Resort, LP for amendments of the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from B2, Community Business District, tp ROS, Recreation Open Space and by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from ROS, Recreation Open Space to B2, Community Business District (01 & 02-REZ-08) May 5, 2009 May 5, 2009 June 2, 2009 Local Planning Agency Agenda Item .!:L:....6 City Commission Meeting Agenda Item City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1, Approve an amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from B2, Community Business District to ROS, Recreation Open Space; and 2, Approve an amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for two parcels on West Country Club Drive totaling 2,69 acres from ROS, Recreation Open Space to B2, Community Business District; and 3, Approve the Third Amendment to the "Restrictions for Biscayne Village, Dade County, Florida" relating to the golf course and country club parcels and 4, Accept the Declaration Restrictions for site improvements proffered by the applicant. THE REQUEST The applicant, TB Isle Resort, LP, is requesting amendments to the Official Zoning Map to exchange the zoning designation of four parcels of land within its resort and golf course property on West Country Club Drive, The northerly parcels, totaling 2,69 acres in size, are proposed to be changed from B2, Community Business District, to ROS, Recreation Open Space, and the southerly parcels, totaling 2,69 acres in size, are proposed to be changed from ROS, Recreation Open Space to B2, Community Business District. Corresponding applications for amendments to the Future Land Use Map of the City's Comprehensive Plan have also been submitted by the applicant and must be approved prior to approval of this rezoning, (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTIES: TB Isle Resort, LP NAME OF APPLICANT TB Isle Resort LP LOCATION OF PROPERTY 19999 West Country Club Drive See Exhibit #2 for Location Map See Exhibit #3 for Parcel Locations SIZE OF PROPERTIES Northerly parcels: 2,69 acres Southerly parcels: 2,69 acres PROPERTY DESCRIPTION See Exhibit #4 for North Parcels Description See Exhibit #5 for South Parcels Description DESCRIPTION IBACKGROUND The site owned by the applicant is comprised of the Turnberry Isle Resort and the Turnberry Golf Club on West Country Club Drive, The applicant requests an exchange of zoning on four parcels on West Country Club Drive to facilitate future expansion of the resort, No development plans have been submitted at this time, The northerly parcels are the location of the pool, grill room and conference center entry area, The southerly parcels are the location of the maintenance, laundry, nursery and storage area, The applicant is requesting corresponding comprehensive plan amendments to allow the rezoning of these parcels, The proposed rezonings will facilitate future expansion of the resort on the southerly parcels, 2 The existing uses on the parcels comply with the uses permitted in the respective proposed zoning categories, The pool and grill room parcel to be changed from B2 to ROS can be considered accessory uses to the golf course since golf club members have access to these amenities as part of their membership package, These recreational uses also comply with the uses permitted pursuant to the existing Declaration of Restrictions on the golf course parcel. The conference center entry parcel serves as access to both the resort and the golf course, The proposed ROS zone on this entry parcel will restrict future development in this area, The maintenance, laundry, nursery and storage area proposed to be changed from ROS to B2 are accessory uses to both the resort and golf course, There is an existing Declaration of Restrictions dated May 21, 1970 affecting these parcels, This declaration restricts the 241 acre, more or less, parcel designated as Tract AA on the original Land Allocation Map for Biscayne Village to golf course uses and the 16,5 acre, more or less, parcel designated as Tract S to country club uses, It further provides that these restrictions will continue for a period of 99 years unless released or revised by the Dade County Board of Commissioners with the consent of 75% of the property owners within the Biscayne Village subdivision and within 150 feet of the exterior boundaries of the subdivision, The City Commission of the City of Aventura is the successor to the Dade County Board of Commissioners, The 1970 declaration of restrictions was amended on July 17, 1972 to reconfigure Tracts AA and S pursuant to resolutions of the Dade County Board of Commissioners, A further amendment dated December 20, 1988 approved minor adjustments to the boundaries of Tract AA and confirmed the new legal description of the golf course and country club parcels, The 1988 reconfigured parcels were the same size as those approved in the 1970 declaration, The proposed reconfiguration of the golf course and country club parcels under this current application will result in the same size of golf course and country club parcels, that is, the golf course parcel will contain 241 acres more or less and the country club parcel will contain 16,5 acres more or less, The City Attorney has reviewed the application and finds no conflict with the intent of the previous resolutions and declarations, As pointed out by the applicant, the consent requirement from 75% of the property owners within the Biscayne Village subdivision and within 150 feet of the exterior boundaries of the subdivision was not required by the County in its 1988 resolution since the size of the golf course and resort parcels remained the same. The applicant is requesting that the City apply that same interpretation to the current applications as applied by the County in 1988, The proposed Third Amendment to Restrictions, attached as Exhibit #6, describes the new parcel boundaries and confirms that the size of the golf course and resort parcels remain the same as required by the 1970 restriction at 241 acres, more or less 16,5 acres, more or less, respectively, The amended restrictions also confirms that all of the terms and conditions of the original restrictions in 1970 as amended in 1972 and in 1988 will remain in full force and effect. 3 ANALYSIS I. NORTHERLY PARCELS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: II. SOUTHERLY PARCELS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office (Parcel 1) Parks and Recreation (Parcel 2) Parks and Recreation (Parcel 1) Business and Office (Parcel 2) Business and Office B2, Community Business District ROS, Recreation Open Space (Parcel 1 ) B2, Community Business District (Parcel 2) B2, Community Business District (Parcel 1) ROS, Recreation Open Space (Parcel 2) ROS, Recreation Open Space (Parcel 1) B2, Community Business District (Parcel 2) B2, Community Business District swimming pool, grill room, conference entry area golf course, conference center resort, golf course golf course, conference center resort Parks and Recreation Business and Office Medium-High Density Residential Parks and Recreation Business and Office ROS, Recreation Open Space B2, Community Business District RMF4, Multifamily High Density Residential District ROS, Recreation Open Space B2, Community Business District 4 Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: nursery Imai ntenance/sto rage resort residential condominium golf course regional mall Access - The parcels front on West Country Club Drive, Access is existing to the parcels, Conformity to City Comprehensive Plan - The proposed rezoning is conditioned on approval of amendments to the Future Land Use Map of the Comprehensive Plan to change the future land use designation of the northerly parcels from Business and Office to Park and Recreation and to change the future land use designation of the southerly parcels from Parks and Recreation to Business and Office respectively, The following is staff's analysis of the proposed amendments to the Official Zoning Map using the standards for review in Section 31-77 of the Land Development Regulations: I. Proposed amendment from B2 to ROS for northerly parcels 1, Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan, The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves the concurrent applications for amendment to the future land use designations for these parcels, 2, Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The parcel is proposed to be added to the golf course ROS zoning designation, The swimming pool and grill room are located on this parcel and are part of the golf club members' amenities, The conference center entry area will be incorporated into the adjacent ROS zone and will restrict future development in this area, There will be no net change in the amount of land in either the ROS or B2 zone, 3, Whether or not the subject property is physically suitable for the uses permitted in the proposed district, 5 The subject property is physically suitable for the uses permitted in the proposed district. 4, Whether or not there are sites available in other areas currently zoned for such use, This criterion is not applicable to this application, The effect of the application will result in the same amount of ROS zoned land within the development. 5, If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Although not shown on the site plans approved to date by the City, the applicant advises that the proposed change has been contemplated as an element of the ongoing redevelopment of the resort and golf course, 6, Whether or not the proposed change would adversely affect traffic patterns or congestion, There will be no net increase in the size of ROS zoned land in this development. Traffic volumes are expected to remain constant. Therefore, the proposed change would not adversely affect traffic patterns or congestion, 7, Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected, The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the application proposes no increase in population, 8, Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity, 9, Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, The resulting zoning designation will be the same as currently provided but in a slightly different location within the applicant's property, 6 II.Proposed amendment from ROS to B2 for the southerly parcels 1, Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan, The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves the concurrent applications for amendment to the land use designations for these parcels, 2, Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses, The existing resort buildings are immediately adjacent to the north, There is a three story parking garage that serves the Turnberry on the Green residential condominium building immediately adjacent to the south, The proffered site improvements to the maintenance/storage area next to the residential zone will be a benefit to the neighbors, The current height and setback restrictions in the B2 zone when next to a residential zone will ensure that any future development is compatible, 3, Whether or not the subject property is physically suitable for the uses permitted in the proposed district. Although no site plan is associated with this application, the subject property is physically suitable for the uses permitted in the proposed B2 zoning district. 4, Whether or not there are sites available in other areas currently zoned for such use, This criterion is not applicable to this application, The effect of the application will result in the same amount of B2 zoned land within the development. 5, If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan, Although not shown on the site plans approved to date by the City, the applicant advises that the proposed change has been contemplated as an element of the ongoing redevelopment of the resort and golf course, 6, Whether or not the proposed change would adversely affect traffic patterns or congestion, There will be no net increase in the size of B2 zoned land in this development. Traffic volumes are expected to remain constant. Therefore, the proposed change would not adversely affect traffic patterns or congestion, Any future development 7 application will require submission of a traffic study for the City's review and approval. 7, Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected, The proposed change will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected because the application proposes no increase in population, 8. Whether or note the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity, 9, Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The resulting zoning designation will be the same as currently provided but in a slightly different location within the applicant's property, School Impacts - The requested change in zoning designations do not require analysis for school impacts since both zoning categories are commercial and do not generate new students into the school system, Site Improvement Proffer - The applicant has proffered site improvements to the southerly parcel containing the maintenance, laundry, nursery and storage buildings and proposed to be zoned B2, Community Business District by way of recorded restriction attached as Exhibit #7, These improvements include construction of a six foot high metal picket fence along the western and southern property limit in design similar to the fence at the City's Founder's Park, installation of landscaping on the western boundary along the new fence line, trimming of the existing Australian Pine trees, relocation of the trash enclosure and compactor for golf course and resort grass cuttings to the north limit to abate noise and smell nuisance to the adjacent residential property, relocation of large machinery from the south limit to the north limit, cleaning and repainting of existing buildings and relocation of stored materials including clay pots, mulching material and geofabric from the south limit to the north limit. These improvements are shown pictorially on Exhibit "C" attached to the declaration of restrictions, The restrictions provide that the applicant is to complete the site improvements within six months of the date of approval of this application, In addition to the site improvements, the restrictions include a prohibition of setback variances for future redevelopment on the south limit proposed B2 parcel to assure the neighboring residential property that required setbacks will be maintained, 8 ~ BERCOW RADELL &. FERNANDEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE: (305) 377 -6238 E-Mail mmarrero@BRZoningLaw com May 3D, 2008 Exhibit 1 01 & 02-REZ-08 02 & 03-CPA-08 VIA HAND DELIVERY Ms, Joanne Carr, Planning Director City of A ventura 19200 West Country Club Drive, 4th Floor A ventura, Florida 33180 Re: 19999 West Country Club Drive; Zoning District Change Clnd Comprehensive Land Use Amendment Dear Joanne: This law firm represents TB Isle Resort, LP with regmd to lh,~ improvements and redevelopment of the Fairmont Turnberry Isle Eesort t.c C!ub at 19999 West Country Club Drive (the "Property"), This letter shall serve as the Applicant's letter of intent to rezone and redesignate a portion of the Properly from ROS / Parks and Recreation to B2 / Business and Office; and to rezone and redesignate an equal portion of B2 / Business and Office area to ROS / Parks and Recreation, These zoning and CDMP amendments are part of the overall Phase I redevelopment of the Property, The conceptual master plan for the redevelopment of the country club/ golf course includes a change in the zoning of the laguna pool, grill room, and tennis court area on the north and west side of the country club (the "Recreation Area") to the ROS zoning district and Parks and Recreation designation on the City's Future Land Use Map, In turn, the maintenance/nursery area on the southwest side of the country club (the "Future Hotel Development Area") would become part of the B2 zoning district and Business and Office designation on the City's Future Land Use Map, The amount of land that is located in each zoning district would not change, slm ~Jl y its location, This proposed "land swap" will shift the pool and tennis courts in the country club from the B-2 District to the ROS District. Section 31-148 of the City Code states that the ROS District "is intended to provide for the recreation and open space needs of the City," Pools and tennis courts certainly contribute to the recreational needs of the City, and thus are in WACHOVIA ANANCIAL CENTER. 200 soUTH BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLORIDA 33131 PHONE. 305,374,5300 . FAX. 305.377,8222 Ms, Joanne Carr May 15, 2008 Page 2 of 4 the spirit of the ROS District, Furthermore, the following uses are explicitly permitted in the ROS District: a, Open space and passive recreational areas; b, Golf course; c. Boat ramps and docks; d, Outdoor cultural, educational and civic facilities; e, Parks; f, Waterways; and g, Uses accessory to any of the above uses when located on the same plot. There is no detailed description of "parks" in the Use Regulations of the ROS District, nor is it defined in the City's land development regulations, However, common sense dictates that parks are intended to include tennis courts and pools, as a permitted uses, Nevertheless, at a minimum, they should both be considered accessory uses to parks and golf courses, (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed change will not be inconsistent with the goals, objectives and policies of the City's Comprehensive Plan, There will be no net change in the amount of land for either zoning district, (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. There Property is already zoned a combination of B2 and ROS, and there additional lands surrounding the Property that are zoned B2 and ROS, Furthermore, since the resulting areas of each zoning district on the Property will be the same as prior to the amendment, the change is certainly compatible, (3) The subject property is physically suitable for the uses permitted in the proposed district. Although there has been no site plan associated with this application, the anticipated uses permitted in the proposed districts BERCOW RADELL &. FERNAN DEZ ZONING. LAND USE AND ENVIAC>NI'v'IENTAL LAVV Ms, Joanne Carr May 15, 2008 Page 3 of 4 are, not only physically suitable but, compatible and associated with the existing use on the Property, (4) There are sites available in other areas currently zoned for such use. Not applicable, The effect of this application will result in the same amount of Parks and Recreation / ROS and Business and Office / B2 land, (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The proposed change has been contemplated as an element of the ongoing Property redevelopment, (6) The proposed change would adversely affect traffic patterns or congestion. The proposed change will have no adverse traffic impact. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The application proposes on increase in population or overall changes in use, (8) Whether the proposed change would have an adverse environmental impact on the vicinity. There is not expected to be any environmental impact as a result of this application, (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety and welfare of the neighborhood or the City, Again, the resulting zoning and comprehensive plan designations will be the same as currently provided, but in slightly different locations within the Applicant's property, BERcaw RADELL lSt FERNANDEZ ZONING. LAND USE AND ENVIAC>NI\IIENTAL LA\N Ms, Joanne Carr May 15,2008 Page 4 of 4 Conclusion, The proposed amendments to the City's Future Land Use Map and the City's Zoning Map are part of the overall master plan for the Property, as well as one of the final components of the Phase I redevelopmertt that began in 2006, As described in the foregoing letter, the net amount of ROS/Parks and Recreation and B2/Business and Office land will remain the same following these amendments, and it will all be retained on the Property, As such, we look forward to your positive review and recommendation of these applications, Please feel free to contact me regarding any comments or questions you may have, cc: Ms, Joanne Carr, Planning Director David Wolpin, City Attorney Ken Bernstein, Esq, Dar Gennett, Esq, Jeffrey Bercow, Esq, Sincerely, BERCOW RADELL lS.. FER NAN OEZ ZONING. LAND USE AND ENVIAC>NM'ENTAL LA,^, BROWARD COUI'-.'TY ..-.-.-.-. .... .. :. :. :. :. :. .. .. :. :. '. DADE COUNTY IVESDAIRY RD, MIAMI GARDENS DR -' ci > --.J ro :2 <( ll.J o o LEGEND Roadways City Boundary -. - . - ZIP Code Boundary Railroad Exhibit 2 01 & 02-REZ-08 02 & 03-CPA-08 II II r r ll> ll> ::J ::J a. a. en en :E :E ll> ll> "0 "0 I\J Nt\) 0> 0> lO lO )> )> n n ro ro ~~ _ ~P~fqi i ,JI I' ~ ~ i ~ I \ I \ I \ I \ GOlF COUHS~ }.. O~/{... "'4;'1-0 .,.. <.- '}'1 'l-Q~ i,: it; ~~ -!-~.~ . x a .~ - n , ~ i P Exhibit 3 01 & 02-REZ-08 02 & 03-CPA-08 TURNBERRY ISLES RESORT & COUNTRY CLUB 2,69 Acres Swap Area AVENTURA, FLORIDA ~ !~m~l, Ii! I:!,'" . Exhibit 4 01 & 02-REZ-08 02 & 03-CPA-08 LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the most Westerly Narthwest corner of said Tract A-10, the following three (3) courses being along the exterior boundary of said Tract A-10; 1) thence N 89'19'28" E for 74,76 feet; 2) thence N 20'40'37" E for 91,48 feet to a point of curvature; 3) thence Northeasterly and Southeasterly along a 120,00 foot radius curve leading to the right through a central angle of 138'25'38" for an arc distance of 289,92 feet to a non-tangent point, the following four (4) courses being along the exterior boundary of soid Tract B-10; 1) thence N 69'06'15" E for 18,00 feet; 2) thence S 47"08'16" E for 193,28 feet; 3) thence S 69'22'04" E for 60,00 feet to a point of curvature; 4) thence Southeasterly along a 400,00 foot radius curve leading to the right through 0 central angle of 17"56'41" far an arc distance of 125,28 feet to 0 non-tangent point; thence S 57"28'02" W for 83,50 feet; thence N 41'14'20" W for 87,05 feet; thence N 50'29'30" E for 0,30 feet to a point on 0 circular curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly along 0 43.43 foot radius curve leading to the left through a central angle of 76'34'58" for an arc distance of 58,05 feet to 0 non-tangent point; thence S 48'04'50" W for 0.37 feet; thence N 41'22'59" W for 27.49 feet; thence S 48'35'33" W for 10,09 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'02" W for 23,57 feet; thence N 41'11' 14" W for 31,03 feet; thence N 87"02'24" W for 13,93 feet; thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W far 6,23 feet; thence S 72'05'05" W for 26,41 feet to a point on a circular curve concave to the Northwest and whose radius point bears S77'22'35"W; thence Southeasterly, Southwesterly and Northwesterly along a 77,86 faot radius curve leading to the right through a central angle of 178'55'58" for an arc distance of 243,15 feet to a nan-tangent point; thence S 87"31 '08" W for 28,18 feet; thence N 40'50' 17" W for 36,67 feet; thence S 87"22'02" W for 27,30 feet; thence S 42'22'03" W far 16,97 feet; thence S 02'37'55" E for 47,13 feet; thence S 87"30'53" W for 61,56 feet ta a point on the Westerly line of said Tract A-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 155,58 feet to the Point of Beginning, AND Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837,96 feet; thence N 87'26'47" E for 200,46 feet to the Paint of Beginning; thence continue N 87'26'47" E for 63,18 feet; thence N 42"26'47" E for 16,77 feet; thence N 02'33' 13" W for 33,67 feet; thence N 87"26'47" E for 120,69 feet; thence S 02'33'13" E for 42,01 feet; thence S 87'26'47" W for 41,45 feet; thence S 02'33'13" E for 39,61 feet; thence N 87'26' 47" E for 62,28 feet; thence S 02"33' 13" E for 24,13 feet, the following six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87"26'47" W for 15,34 feet; 2) thence S 02'33'13" E for 34,14 feet; 3) thence S 87"26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74,14 feet; 5) thence N 47"42'35" W for 19,88 feet to a point on a circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120,00 foot radius curve leading to the left through a central angle of 38'07'22" for an arc distance of 79,84 feet to a non-tangent point; thence N 02"40'32" W for 52,46 feet to the Point of Beginning, Drawn By Cad, No, MAP 081267 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CER TIFICA TE OF AUTHORIZA TION NUMBER: 00003653 180 Northeast 168m. Street I North Miami Beach, FLorida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I En,ail fls@flssurvey.com Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg, NO,1008-109-1 B Sheet 1 of 4 Ref, Dwg, 2007-034 Plotted: 10/22/08 9:340 EXHIBIT 1 SURVEYOR'S NOTES: - This site lies in Section 3, Township 52 South, Range 42 East and Sectian 34, Township 51 South, Range 42 East, City of Aventura, Miami-Dade County, Florida, - Bearings hereon are referred to an assumed value of S 02'40' 32" E for the Easterly right of way line of West Country Club Drive, - Lands shown hereon were not abstracted for easements and/or rights-of-woy of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon, - Lands shown hereon containing 117,167 square feet, or 2,69 acres, more or less, - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034, SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes, "N01 valid without lhe signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC" LB3653 By: Daniel C, Fortin, For The Firm Surveyor and Mapper, LS2B53 State of Florida, Drawn By Cad, No, Ref. Dwg, MAP 081267 ( SURVEYOR NOTES AND CERTlFICA TlON I FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152/ En.ail tls@f1ssurvey_con:l Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg, NO,1008-109-1 B Sheet 2 of 4 2007-034 Plotted: 10/22/08 9:340 A= 138025'38" R=120,OO' L=289,92' EXHIBIT 1 C) LLZ 02 I-Z \ ~ <3 Ow rv \ ~ co "-J EXTERIOR BOUNOARY liNE \ /' L 1 OF TRACT A-10 .J [/1 '-MOST WESTERLY N, W, CORNEy ---- ---- Z OF TRACT A-l0 ____---- W ____---- ~ L!'l en, ~ ~ \,j;~l21 (.=>o ILLZ C') \ Ow N L19 I-~ -' ~ ~ L24 j 00 ~- I (L () I \ '<01 ~I <X) IV WESTERLY LINE OF TRACTS A-10 & B-l0 ANO EASTERLY RIGH T OF WAY LINE OF WEST COUNTRY CLUB DRIVE I 7300' J \ i \ TRACT U TRACT A-10 ~~ 3~~ "-0 oow <De> >- '" :I:>-"- S2~ "',,- \...'3 EXTERIOR BOUNOARY LINE OF TRACT B-10 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 ~ \" FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 <'iT A=76034'58" R=43.43' L=58,05' RB=S86059'06"W A=17056'41 " R=400.00' L=125.28' L15 n. ,,~( <7N ~ I.. 'iT ,>,;(' S " 70 ~ {o " l'.. - -J \.;\1'> ,,'0 (? ""- ""- \ \ \ \ \ \ \ \ ~ ,,'0 - A=178055'58" R=77,86' L=243,15' RB=S77022'35"W LINE TABLE LENGTH 27,30 16,97 47,13 61,56 155,5B 63,18 16.77 33,67 120,69 42.01 41.45 39,61 62,28 24,13 15,34 34,14 132,42 74,14 19,88 62,46 LINE TABLE LENGTH 74,76 91.48 18,00 193,28 60,00 83,50 87,05 0,30 0,37 27.49 10.09 28,74 23.57 31.03 13,93 79,44 6,23 26,41 28,18 36,67 BEARING S87'22'02"W S42'22'03"W S02'37'55"E S87'30'53"W N02'40'32"W NB7'26' 47"E N42'26'47"E N02'33"3"W N87'26'47"E S02'33'13'E S87'26'47"W S02'33'13'E N87'26'47"E S02'33'13"E S87'26'47'W S02'33'13'E S87'26'47"W N02'33'13'W N47'42'35"W N02'40'32"W LINE BEARING N89'19'2B"E N20'40'37"E N69'06'15"E S47'08'16"E S69'22'04"E S57'28'02"W N41'14'20"W N50'29'30"E S48'04'SO"W N41'22'59"W S48'35'33"W N41'27'47"W S4B'38'02"W N41"1"14"W N87'02'24"W S48'32'04"W S06'10'31"W S72'05'05"W S87'31'08"W N40'50" 7"W LINE L21 L22 L23 L24 L25 L26 L27 L28 L29 UO Ul L32 U3 U4 U5 L36 L37 U8 L39 L40 Ll L2 U L4 L5 L6 L7 L8 L9 LlO L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 ~! \ ;d ::;>- "'''' w>- >-z Z::J WO Uu SOUTH LINE OF SECTION 34-51-42 NORTH LINE OFSECTION 3-52-42 I I I I ) / / / / ( \ \ \ \ \ \ > / \ // v AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 B - ~O T R ACT UJ 2: a: o TURN BERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007.034 L29 ~o C') L31 -' TRACT D-10 ~ 3 {AVENTURA TENTH ADDITION -' L3 '<l' PLAT BOOK 136 PAGE 92 L35:J _ _ - - ~ <D 7 :J \ \ GRAPHIC SCALE o 60 I 120 I 240 I ( IN FEET ) 1 inch = 120 ft, r I Date 10/21/08 Scale 1 "=120' Job, No, 081267 Dwg, NO,1008-109-18 Sheet 3 of 4 Drawn By Cad, No, SKETCH OF DESCRIPTION MAP 081267 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653 180 Northeast 168th. Street / North Mian"l.i Beach. Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152/ En"lail fls@f1ssurvey.com Ref, Dwg, 2007-034 Plotted: 10/22/08 9:340 Drawn By Cad, No, Ref, Dwg, Plotted: MAP 081267 2007-034 10/22/08 9:340 EXHIBIT 1 ~RI) ,\\..(\1 r 'Oov \0Rf>- f>-\l(~ AVENTURA MALL SI", "1/{' r? 0-10 I\!() &ss 9 r EXHIBIT 1 w > CL o CD :::J .....J U >- CL I- Z :::J o U I- ef) w 3: N,(' LOCA TlON SKETCH FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Nort:heast 168th. Street I North 1\t1iarni Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / En.ail fls@flssurvey.com TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT 1 I Date 10/21/08 Scale NOT TO SCALE Job, No, 081267 Dwg, NO,1008-109-18 Sheet 4 of 4 Exhibit 5 01 & 02-REZ-08 02 & 03-CPA-08 LEGAL DESCRIPTION: A portion of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded in Plot Book 99 at Page 20 of the PubliC Records of Miami-Dade County, Florida, and being more particularly described os follows: Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plot thereof, os recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida; thence N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223,65 feet; thence N 87'19'28" E for 200,45 feet to the Point of Beginning; thence S 02'40'32" E for 147,73 feet; thence S 69'21 '03" W for 52,68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51'11 'W, the following three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along 0 170,00 foot radius curve leading to the left through 0 central angle of 12'54'24" for on arc distance of 38,29 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112,01 feet to 0 point of curvature; 3) thence Northeasterly along 0 120,00 foot radius curve leading to the right through 0 central angle of 10" 15' 44" for on arc distance of 21,49 feet to the Point of Beginning, AND Commence at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITION, and said Easterly right of way line of West Country Club Drive for 30,99 feet to the Point of Beginning, also being the Northwest corner of said Tract U, the following three (3) caurses being along the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 36,00 feet to 0 point of curvature; 2) thence Southeasterly along 0 4510,66 foot radius curve leading to the left through a central angle of 6'18'50" for an arc distance of 497,07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to a point on 0 circular curve cancave to the Northeast and whose radius point bears N81'00' 38"E; thence Northwesterly along a 4299,22 foot radius curve leading to the right through 0 central angle of 3'48' 14" for on arc distance of 285,43 feet to 0 non-tangent point; thence N 28'44'49" W for 43,73 feet; thence N 03'20'32" W for 24,05 feet; thence N 21'07'43" E for 71,73 feet to 0 point on a circular curve concave to the Northeast and whose radius point bears N86'31 '53"E; thence Northwesterly along a 4286,18 foot radius curve leading to the right through 0 central angle of 0'59'39" for on arc distance of 74,37 feet to 0 non-tangent point; thence S 87'27'34" W for 35,71 feet; thence N 45'59'34" W for 61,79 feet; thence N 00'35'40" E for 66,67 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51' 11"W, also being a point on the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170,00 foot radius curve leading to the right through 0 central angle of 62'10'39" for on arc distance of 184.48 feet to the Point of Beginning, ~~ 2007-034 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INe, CONSULTiNG ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZATION NUMBER: 00003653 180 Northeast. 168th. Street / North Miami Beach, Flor-ida. 33162 Phone: 305-653-4493 / Fax 305-65 1 ~ 7152 I Email fls@flssurY"ey.com Date 10/21/08 Scale NOT TO SCALE Job, No 081267 Dwg, NO,1008-109-2BR Drawn By Cad, No Ref. Dwg, MAP 081267-1 Plotted 10/22/08 9:340 Sheet 1 of 4 EXHIBIT A SURVEYOR'S NOTES: _ This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida, - Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive, - Lands shown hereon were not abstracted for easements and/or rights-of-way of records, - Easements per said Plot Book 99 at Page 20 not shown os requested, - This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon, - Lands shown hereon containing 117,171 square feet. or 2,69 acres, more or less. - Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034, SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes, Drawn By Cad No Ref Dwg MAP 081267-1 2007 -034 r SURVEYOR NOTES AND CERTlFICA TION I FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. StteeT I North Miami Beach, Florida. 33162 Phone: 305-653-4493/ Fax 305-651-7152/ E-mail fls@flssurvey.com Date 10/21/08 Scale NOT TO SCALE Job, No, 0081267 Dwg NO'1008-109-2BR Sheet 2 of 4 Plotted: 10/22/08 9:340 EXHIBIT A I \ \ I POINTOF~ BEGINNIN~ ..10; ~ t - .Y~T~'~"S- - ~oJ2:42 - - A=10015'44'' \ R=120,OO' L=21 .49' \ EXTERIOR BOUNDARY LINE OF TRACTS B-10 AND TRACT U '" z '" TRACT B-~O AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 GRAPHIC SCALE o 40 80 ~ 160 I \ I \ \ \ \ I \ \ \ \ \ \ \ \ \LU \$ \ w > - a: o o Drawn By MAP Cad, No, Ref Dwg, 081267-1 2007-034 Plotted, 10/22/08 9:340 co :J ..J o >- a: I- Z :J o o I- (f) nOO' RIGHI Of VolA Y PLA T BOOK 99 PAGE 20 \ \ \ \ \ ~ <( 3: l.L. o \- ~I cr: o ::i CO ::l e:. 7300' RIGHT OF WAY PlA T BOOK 99 PAGE 20 .~ \ '" ~I ~: ~\ u~ ' "'u N f:->- 0 ~i Z\ "''' 03 I~ ~~ :?5 ~~ ~::i u>- "'''' goi' ~~ ~~ ::ili. >->- ~~ lr", ~w Vl"" ~~ ( IN FEET ) 1 inch = 80 tt. POINT OF COMMENCEMENT SW CORNER OF TRACT 8-10 A=12054'24" R=170,OO' L=38,29' ,RB=N64051'11"W FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 .w N. "'a> ~~ d :5 ",,,, o If) 7300' R\GHl OF WA.'< PLAT BOOK 99 PAGE 20 SOU'lH LINE OF TRACT U r L5 ---~Fwrn~~~N~~ TRACT HH SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORJDA CERTIFICATE OF AUTHORlZATION NUMBER: 00003653 180 Northeast 168th_ Street I North 1\.-1:ialUi Beach, Florida. 33162 Phone: 305-653-4493 l Fax 305-651-7152 / Email fls@flssurve.y,com A=0059'39" R=4286,18' L= 7 4,37' RB=N86031 '53"E LINE TABLE LINE LENGTH BEARING Ll 14773 502'40'32'E L2 52,68 S69'21'03'W L3 112.01 N12'14'25'E L4 36,00 502'40' 32'E L5 211.4 N81'OO'39"E L6 43,73 N2B'44'49~W L7 24,05 N03'20'32'W L8 7173 N21'07'43'E L9 35,71 S87'27'34'W 110 61,79 N45'59'34'W Lll 66,67 NOO'35'40'E A=3048'14" R=4299.22' L=285.43' RB=N81000'38"E NQRTl; LINE OF TRACT HH PLAT BOOK 99 PAGE 20~~ I Date 10/21/08 Scale 1 "=80' Job, No, 081267 Dwg No 1008-109- 2BR Sheet 3 of 4 1// Drawn By Cad, No, Ref Dwg, Plotted MAP 081267-1 2007-034 10/22/08 9:340 EXHIBIT A "-! p,sZD 'OOIj\...'t- ilj?'''' ","-!'t-tI AVENTURA MALL S 1'-1/; (J? 04() 1\10 ~(~ o CD ::> .....J o T- o:: f- Z ::> o o TURNBERRY ISLE RESORT & COUNTRY CLUB f- (j) ~I \ \\ \\ \\ III &S6' '0 SIR(C'i \,\,( '\92\'\ 9 r LOCA nON SKETCH TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT A I ~ FORTIN, LEAVY, SKILES, INC. CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast. 168th. Street / North 1'v1iami Beach, Florida_ 33162 Phone: 305-653-4493 / Fax 30.c;-651-7152 / Email fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job No 081267 Dwg No,1008-109-2BR Sheet 4 of 4 Exhibit 6 01 & 02-REZ-08 This instrument was prepared by: Name: Michael 1. Marrero, Esq, Address: Bercow, Radell & Fernandez, P,A. 200 S, Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) THIRD AMENDMENT TO RESTRICTIONS TB ISLE RESORT LP, a Florida limited partnership, the "Developer", as successor in interest to TURNBERRY COUNTRY CLUB, a Florida limited partnership ("Prior Developer") and DONARL OF FLORIDA, INC" a Florida corporation, ("Original Developer"), hereby makes and imposes the following agreements and restrictions, which shall constitute covenants running with the title to the land, and which shall be binding upon the Developer, its successors and assigns, and each and all subsequent purchasers of the land subject to this Third Amendment to Restrictions, and their heirs, personal representatives, successors and assigns, RECIT ALS A, Original Developer executed the Restrictions for Biscayne Village, Miami- Dade County Florida, dated February 12, 1969, and recorded on June 16, 1970, under Clerk's File No, 70-R-111949, in Official Records Book 6889, Page 4, of the Public Records of Miami-Dade County, Florida, as amended by Amendment to Restrictions, dated July 17, 1972, and recorded March 27, 1973 in Official Records Book 8198, Page 259, of the Public Records of Miami-Dade County Florida, which are hereinafter collectively referred to as the "Golf Course Restrictions," The Golf Course Restrictions restricted the use of the parcels known as Tract AA and Tract S on a certain land allocation map which was the subject of certain zoning approvals, B. Prior Developer executed the Second Amendment to Restrictions, dated December 20, 1988, and recorded on February 27, 1989, in Official Records Book 14012, Page 616, Public Records of Miami-Dade County, Florida, which amended the Golf Course Restrictions (the "Second Amendment to Restrictions"), The Second Amendment to Restrictions reconfigured the boundaries of Tract AA to accommodate the golf course as actually constructed; the size of Tract AA, as reconfigured, was the same exact size as the original Tract AA described in the Golf Course Restrictions, The reconfigured Tract AA became known as "Tract U" in the Fifth Amendment-Biscayne Yacht and Country Club, according to the Plat thereof as recorded in Official Records book 99, at Page 20 of the Public records of Miami-Dade County, Florida, C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (lGV) ,doc C, The Golf Course Restrictions were executed by Original Developer pursuant to the requirements of Resolution No, 4-ZAB-3-69 passed and adopted by the Metropolitan Dade County Zoning Appeals Board on January 13, 1969, which provided in part, in connection with approving an unusual use to permit two golf courses including one golf clubhouse, the following: "That a declaration of restrictions and covenants running with the land in proper covenant form, meeting with the approval of the Zoning Director, be recorded to insure that the golf course be maintained as such," 1) A portion of said Tract U (originally known as Tract AA) "Was Pleviuu:sly reconfigured as approved by the Metropolitan Dade County Zoning Appeals Board pursuant to Miami-Dade County Resolution No, 4-ZAB-567-71, and by the Board of County Commissioners pursuant to Resolution No, Z-33-72, passed and adopted February 3, 1972, A second reconfiguration of Tract U was approved in conjunction with Resolution No, Z-5-89 to accommodate the country club's hotel expansion, as well as to accept the golf course as actually constructed, With each such reconfiguration of Tract U the total acreage of the tract remained the same, at 241 acres more or less. AMENDMENTS 1, All Recitals are true and correct and hereby adopted and incorporated by reference herein, 2, Further reconfiguration of said Tract U and Tract S are now required to complete and implement the golf course and country club master plan and associated improvements, Once reconfigured: a, Tract U will be known as Tract U-l, and the total acreage of Tract U-l will remain the same as that of Tract U at 241 acres more or less; and b, Tract S will be known as Tract S-I, and the total acreage of Tract S-1 will remain the same as that of Tract S at 16,5 acres more or less, 3, Accordingly, the Golf Course Restrictions, as amended by the Second Amendment to Restrictions, are hereby further amended so that said restrictions shall henceforth apply to: a, Tract U-l, being a reconfiguration of Tract U pursuant to this Third Amendment as shown and legally described on Exhibit "A" attached hereto; and b, Tract S-I, being a reconfiguration of Tract S pursuant to this Third Amendment as shown and legally described on Exhibit "B" attached hereto, C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (IGV) ,doc 2 4, Except as herein modified, all of the terms, provisions and conditions of the Golf Course Restrictions, as amended by the Second Amendment to Restrictions pursuant to Miami-Dade County Resolution No, Z-85-89, are hereby confirmed, ratified and shall remain in full force and effect, [SIGNATURE PAGES TO FOLLOW] C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (IGV),doc 3 Signed, witnessed, executed and acknowledged this _ day of 2009, Witnesses: By: TB ISLE RESORT LP, a Florida limited partnership, By: Name: Title: General Partner Print Name: [CORPORATE SEAL] Print Name: STATE OF FLORIDA ) ) ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged , 2009, by _, as of foregoing document on behalf of such me, is personally known to me or produced before me this _ day of , who executed the He personally appeared before as identification, [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My commission expires: APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED City Attorney Date City Manager C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Tumberry - Third Amendment to Restrictions v9 (IGV),doc 4 JOINDER BY MORTGAGEE The undersigned, being the owner and holder ofthat certain (the "Mortgage") given by , in favor of , dated as of _ , and recorded under Clerk's File Number in the Public Records of Miami-Dade County, Florida, covering all or a portion of the property described in the foregoing covenant, hereby acknowledges and agrees that the lien and effect of the Mortgage shall be subject and subordinate to the terms of said covenant, IN WITNESS WHEREOF, these presents have been executed this _ day of ,2009, Signed, sealed and delivered in the presence of these witnesses: Witness: Print Name: By: Name: Address: Witness: Print Name: STATE OF COUNTY OF ) ) ) SS: This instrument was acknowledged before me this _ day of 2009 by ,~ of a on behalf of said He/she personally appeared before me, is personally known to me or produced as identification, [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of My commission expires: C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLKI6A\Turnberry - Third Amendment to Restrictions v9 (IGV),doc 5 EXHIBIT "A" LEGAL DESCRIPTION FOR TRACT U-l (Attached hereto - Pages 1 through 6) C:\Documents and Settings\can:i\Local Settings\Temporary Internet Files\OLKI6A\Turnberry - Third Amendment to Restrictions v9 (IGY),doc 6 EXHIBIT A LEGAL DESCRIPTION' TRACT U-I All of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plat thereof, as recorded in Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, being partially amended by the following plats: AVENTURA EIGHTH ADDITION, according to the plat thereaf, as recorded in Plat Book 136 at Page 37 and AVENTURA TENTrI ADDITION, according to the plat thereof, as recorded in Plat Book 136 at Page 92, both being recorded in the Public Records of Miami-Dade County, Florida, AND Tracts C":8 and 0-8 of said plat of AVENTURA EIGHTH ADDITJON AND " Tracts A-10, C-10 and 0-10 of said plot of AVENTURA TENTH ADDITION AND Parcel A (See Sheet 5 of 6 for Detail) A portion of Tract B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the most Westerly Northwest corner of said Tract B-10, the following eight (8) courses being along the exterior boundary of said Tract B-10; 1) thence N 87'19'28" E for 69,15 feet; 2) thence N 16'40'31" W for 112,81 feet; 3) thence N 73'19'29" E for 256,96 feet; 4) thence N 16'40'31" W for 68,05 feet; 5) thence N 69'06' 15" E for 81,61 feet; 6) thence S 47'08 '16" E for 193,28 feet; 7) thence S 69'22'04" E for 60,00 feet to a point of curvature; 8) thence Southeasterly along a 400,00 foot radius curve leading to the right through a central angle of 17'56'35" for an arc distance of 125,27 feet to 0 non-tangent point; thence S 57'28'02" W for 83,50 feet; thence S 50'08'05" W for 33,64 feet; thence N 41'11'28" W for 29,97 feet; thence N 48'48'32" E for 23,56 feet; thence N 41'19'16" W for 28,94 feet; thence N 48'48'19" E for 10,08 feet; thence N 41'14'20" W for 27,36 feet; thence N 50'29'30" E for 0,30 feet to a point on a circular curve concave to the Southwest and whose radius point bears S86'59'06''W; thence Northwesterly along a 43.43 foot radius curve leading to the left through a central angle of 76'34'58" for an arc distance of 58,05 feet to a non-tangent point; thence S 48'04'50" W for 0,37 feet; thence N 41'22'59" W for 27,49 feet; thence S 48'35'33" W for 10,09 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'02" W for 23,57 feet; thence N 41'11'14" W for 31.03 feet; thence N 87'02'24" W for 13,93 feet; thence S 48'32'04" W for 79,44 feet; thence S 06'10'31" W for 6,23 feet to a point on a circular curve concave to the Northwest and whose radius point bears N83'11 '56"W; thence Southwesterly along a 285,15 foot radius curve leading to the right through 0 central angle of 7'18'26" for on arc distance of 36,37 feet to a point on a circular curve concave to the Northwest and whose radius point bears N79' 36' 46"W; thence Southwesterly along a 103,02 foot radius curve leading to the right through a central angle of 62'37'35" for an arc distance of 112,60 feet to a point on a circular curve concave to the Northwest and whose radius point bears N13'52'06"W; thence Southwesterly along a 94,39 foot radius curve leading to the right through a central angle of 25'06' 19" for an arc distance of 41,36 feet to a non-tangent point; thence S 87' 14' 45" W for 53,75 feet; thence S 02'40'40" E for 212,19 feet; thence S 87'12'00" W for 101,86 feet; thence S 42'41 '48" W for 38,25 feet; thence N 86'46'05" W for 23,48 feet to a point on the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract B-10 and Easterly right of way line of West Country Club Drive for 252,03 feet to the Point of Beginning, AND Commence at said most Westerly Northwest corner of Tract B-10; thence S 02'40'32" E along said Westerly line of Tract B-10, and Easterly right of way line of West Country Club Drive for 651,75 feet; thence N 87'26'47" E for 200,46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63,18 feet; thence N 42'26'47" E for 16,77 feet; thence N 02'33' 13" W for 33,67 feet; thence N 87'26'47" E for 120,69 feet; thence S 02'33'13" E for 42,01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02'33'13" E for 39,61 feet; thence N 87'26'47" E for 62,28 feet; thence S 02'33'13" E for 24,13 feet, the following six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87'26'47" W for 15,34 feet; 2) thence S 02'33' 13" E for 34,14 feet; 3) thence S 87'26'47" W for 132,42 feet; 4) thence N 02'33'13" W for 74,14 feet; 5) thence N 47'42'35" W for 19,88 feet to a point on a circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120,00 foot radius curve leading to the left through a central angle of .'38'07'22" for an arc distance of 79,84 feet to a non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of Beginning, /,~ Plotted 2/9/09 11010 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 ] 80 Northeast] 68th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurvey.com Date 2/9/09 Scale NOT TO SCALE Job, No, 090092 Dwg, No, 1009-004 Sheet 1 of 6 Drawn By MAP 090092 2007 -034 REVISED 090116 Cad, No, Ref Dwg EXHIBIT A LESS AND EXCEPT: Parcel B (See Sheet 6 of 6 for Detail) A portion of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, as recorded in Plat Book 99 at Page 20, and all of Tract C-10, AVENTURA TENTH ADDITION, according to the plot thereof, as recorded in Plat Book 136 at Page 92, both being recorded in the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Commence at the Southwest corner of Tract B-10 of said AVENTURA TENTH ADDITlON; thence N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223,65 feet; thence N 87' 19'28" E for 200.45 feet to the Point of Beginning; thence S 02'40' 32" E for 147,73 feet; thence S 69'21 '03" W for 52,68 feet to a point on a circular curve concave to the Northwest and whose radius point bears N64'51 '11 "w, the following three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along a 170,00 foot radius curve leading to the left through a central angle of 12'54'24" for on arc distance of 38,29 feet to a point of tangency; 2) thence N 12'14'25" E for 112,01 feet to o point of curvature; 3) thence Northeasterly along a 120,00 foot radius curve leading to the right through 0 central angle of 10'15'44" for an arc distance of 21,49 feet to the Point of Beginning, AND Begin at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of said Tract C-10, Tract U and Easterly right of way line of West Country Club Drive for 66,99 feet to a point of curvot~re, the following two (2) courses being along the exterior boundary of said Tract U; 1) thence Southeasterly alon9 a 4510,66 foot radius curve leading to the left through a central angle of 6'18'50" for on arc distance of 497,07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 2) thence N 81'00'38" E along the North line of said Tract HH for 211.44 feet to 0 point on a circular curve concave to the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along a 4299,22 foot radius curve leading to the right through a central angle of 3'48'14" for an arc distance of 285.43 feet to a non-tangent point; thence N 28'44'49" W for 43,73 feet; thence N 03'20'32" W for 24,05 feet; thence N 21'07'43" E for 71,73 feet to a point on a circular curve concave to the Northeast and whose radius point bears N86' 31 '53"E; thence Northwesterly along a 4286,18 foot radius curve leading to the right through 0 central angle of 0'59'39" for on arc distance of 74,37 feet to a non-tangent point; thence S 87'27'34" W for 35,71 feet; thence N 45'59'34" W for 61.79 feet; thence N 00'35'40" E for 66,67 feet to a point on a circular curve concave to the Northwest and whose radius point bears N64'51'11 "w, also being a point on said exterior boundary of Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along a 170,00 foot radius curve leading to the right through a central angle of 27'01 '58" for an arc distance of 80,21 feet to the Northeast corner of said Tract C-10; thence S 87' 19'28" W along the North line of said Tract C-10 for 97,86 feet to the Point of Beginning, LESS AND EXCEPT That portion of said Tract U lying in Tracts A-8 ond B-8 of said plat of AVENTURA EIGHTH ADDITWN LESS AND EXCEPT That portion of said Tract U lYing in Tract B-10 of said plat of AVENTURA TENTH ADDITION Plotted: 2/9/09 11:010 ( LEGAL DESCRIPTION FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey.com ~ I Date 2/9/09 Scale NOT TO SCALE Job No, 090092 Dwg No. 1009-004 Sheet 2 of 6 Drawn By Cad, No, Ref Dwg, MAP 090092 2007 -034 REVISED 090116 EXHIBIT A SURVEYOR'S NOTES: This site lies in Sections 2 and 3, Township 52 South, Range 42 East and Sections 34 and 35, Township 51 South, Range 42 East, City of Aventura, Miami-Dade County, Florida, - Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive, - Lands shown hereon were not abstracted for eosements ond/or rights-of-way of records, - This is not 0 "Boundary Survey" but only 0 grophic depiction of the description shown hereon. - Lands shown hereon containing 241,8 acres, more or less, - Dimensions shown hereon ore based on Fortin, Leovy, Skiles, sketch #2007-034, SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" wos made under my responsible charge on February 9, 2009, and meets the Minimum Technical Standards os set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G 17 -6, Florida Administrative Code. pursuant to Section 472,027, Florida Statutes, "Not vaild without the signature and the original raised seal of a Florida Licensed yor and Mapper" By: Plotted, 2/9/09 t1010 ( SURVEYOR'S NOTES & CERT/FICA T/ON I FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. St:reet I North lVlianli Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com Date 2/9/109 Scale NOT TO SCALE Job No, 1090092 Dwg No, 1009-1004 Sheet 3 of 6 Drawn By Cad No Ref. Dwg, MAP 09101092 2007-034 REVISED 090116 - --- / / ! \ \ \ >- \~ :l \8 t- \~ / \ \ \ \ \ j PARCEL 8 (SEE SHEET 6 OF 6) --- --- --- - LEGEND D EXHIBIT A N,E, 207TH STREET ,0 \ w -.iJ~ ~~ ___ ~. w NOR - Z ;; TH COUNTRY C -_ LUB DRIVE -- -- -......--.. TRACT U PLAT BOOK 99 PAGE 2Q "" \ \ / / TRACT U ~ PLAT BOOK 99 PAGE 2Q 'lllACT C-8 Pl.ATBO:)l(j36PAGE37 TRACT 8-8 PLAI60QK 136 PAGE 37 (NOT A PARD ~/ .:,; Qtfj 00/ (;v/ ./ 3435 3 2 Y-l. ~ ,) &/ ( I I I TRACT U-~ PARCEL A (SEE SHEET 5 OF 6) TRACT U PLAT BOOK 99 PAGE 20 TRACT A-8 PL4.lBOOK1$PAGE31 INOTA"RT'J NO, eS2 E. \".0",0 ___ 5''''' --- --- --- o -- -- GRAPHIC SCALE 300 600 I I 12CO ----i TRACT U-1 RESTRICTED GOLF COURSE ACREAGE (241,8:!: ACRES) ( IN FEET ) 1 inch = 600 It, r;~<';/1 TRACT S-1 Drawn By Cad, No ( MAP 090092 Ref. Dwg, 2007-034 REVISED 090116 Plotted: 2/9/09 11 :01 a SKETCH OF DESCRIPTION I ~ ,/ Date 2/9/09 Scale 1 "=600' Job, No 090092 Dwg No 1009-004 Sheet 4 of 6 FORTIN, LEAVY, SKILES, INe,' CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168t:h. Street I Norm Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Ernail fls@flssurvey.com EXHIBIT A ~ ~ / /TRACT A-~O~ / At~;~~~~~~~:g~'~~ON \..S ~3'OO' TIi: <i_ ~)L~ ,,"0 I ~g~ I~a. I ~:s era. TRACT U EXTERIOR BOUNDARY LINE OF TRACT B-10 FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 1 \ r--+ POINT OF I-- -1 BEGINNING \..3 ~ <6' l22 <' "'~ (~/ ",<:s-& l..? v,~< ~ v V /--' ,'0 ...J v A=76034'S8" R=43,43' L=S8,OS' RB=S860S9'06"W A=170S6'3S" R=400,OO' L= 12S,27' 5 z '" o I <.) I ~ \ ~S' '" I \ ~cc ~~ >-i!' I ~ 'J ~ L1 ~ u.() g i O~ -l f-~ ~~ "c{) 00 ,.... Cl..() ~ ? ~?-.C~\.. ~ ,<-:> <> v ~v v' ( ~ <, V (/0 v~ A=r18'26" R=28S,1S' L=36,37' RB=N83011'S6"W .;:::, ~ ,--'0 '" \ \ \ \ \ A=62037'3S" ~: R=103,02' A=2so06'19" L=112,60' R=94,39' RB=N79036'46"W L=41 ,36' RB=N 130S2'06"W TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007'034 L25 <D C\J --' LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH , L1 69,15 N8T19'2e~[ L24 6,23 L2 112.81 N1 6"40'31 ~ L25 5375 lO 256,96 N73'19'29'E L26 212,19 L4 6805 N16.40'31" L27 10186 L5 8161 N69'06'15"E L2B 3825 L6 193,28 547'08'16"E L29 23.48 L7 6000 569'22'04"[ lO0 252,03 L8 83,50 S57'28'02'W L31 . 63,18 L9 3364 5S0'08'05"W lO2 16.77 L10 2997 N4111'28~ lO3 3367 l11 23,56 N48"48'32"E U4 120,69 L12 28,94 N41"9'16" L3S 42,01 L 131 10,08 N4S'4B'lg"E U6 41.45 L14 27,36 N41"14'20" lO7 39,61 l1S 030 N50'29'30'E lO8 6228 l16 0,37 548'04'50"W lO9 24.1.3 l17 27.49 N41.22'S9" L40 15.34 L18 10,09 548'35'33'W l41 34.14 l19 28.74 N41"27'47" L42 132.42 L20 23_57 548'38'02"W L43 74.14 L21 31.03 N41'11"4" L44 1988 L22 13,93 N87"02"24" L45 6246 L23 7944 548"32'04 "w BEARING 506'lO'31"W 587"4' 45 ~W S02'40'40'E 587'12'OO"W S42041' 48"W NB6'46'OS" N02'40'32" NB7'26'47"E N42'26'47"E N02 '33'13"W NB7'26'47"[ 502'33'13"E S87'26'47'W 502'33'13"[ N87'26'47"E S02'33'13"E 587'26' 4 7'W 5D2'33'13"E 5B7'26'47'W N02'33'13"W N47'42'3S"W N02'40'32"W \ (j >-0 ~J I 000 ~t; :g I lJ / I 4:. L27 h{'V'V' L29 SOUTl1 LINE OF SECTION 34-51-42 NORTl1 LlNEOF SECTION 3-52-42 I "! .~~ r l:>" ~d ::iT ~~ Z" "'0 <.)0 .- ~ I(WESTERLY LINE OF TRACT B-10 AND EASTERLY RIGHT OF WAY LINE OF WE5T COUNTRy CLUB DRIVE w ~I AVENTURA TENTH ADDITION a PLAT BOOK 136 PAGE 92 .,. ~l ill > a: o / T R A c T 8 10 co I ::J \ A=38007'22"'~ ...J >' I R=120,~O' L34 () >' ~ L=79,84 ~ ~l!) ~ (; \ RB=S29022'29"E g S >- (; !j: t - ~iE'~'1..Z"~ - L31 -:)'" r--L36 iTRACT D-~O a:!j: " 200 46' ~lY: / (") 38 AVENTURATENTHADDITION r- ~ 0: ~ ';,,{ , --' L crl PLAT BOOK 136 PAGE 92 Z '" I ~ POINT OF :3 S2 ~~ c.\ ~ L40 S - ~ 5 ~ l~~ \ BEGINNING ~ ?~?-.c:;\,.\... :5 '" () w, \ I EXTERIOR BOUNDARY LINE r- 7300 OF TRACT B-10 CJ) >-Ii: ill I ~=;;: / TRACT U OOTN:' $ \ ~ g ~ \ FIFTH ADDITION I>-O- il? ;? / BI5CA YNE YACHT AND COUNTRY CLUB - I PLAT BOCK 99 PAGE 20 < , , '" > / v GRAPHIC SCALE 60 I 120 i 240 I ( IN FEET ) 1 inch = 120 it. ~~ Drawn By MAP ( SKETCH OF DESCRIPTION I Date 2/9/09 Cad, No 090092 Scale 1 "=120' Ref. Dwg FORTIN, LEA VY, SKILES, INe, Job, No, 090092 2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS REVISED 090116 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg No 1009-004 Plotted: 2/9/09 11 :01 a 180 Northeast 168th. St.reet I North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I Email tls@t1ssurvey_com. Sheet 5 of 6 \ \ \ 73,00' RIGHT OF WAY PLAT BOOK 99 PAGE 20 \ \ \ I I \ \ \ \ \ \ \ \ \ \ \ \ \ UJ > - a: o co :J .....J ~ () 3: u.. o >- a: I- Z :J o () m \ \ \ \ \ Drawn By Cad, No MAP 090092 Ref. Dwg 20307-034 REVISED 090116 Plotted' 2/9/09 11 :01 0 t - Y~T~'~"~ - ...10~'2 - - A=10015'44" \ R=120,OO' L=21.49' 7300' RIGHT OF WAY PLA T BOOK 99 PAGE 20 ~ \ ,..., ~I ~~ ~\ u~ , O(U N I!'>- 0 ~i Z\ 0(::> ~8 I~ ~~ :::'~ ~~ ~:J u>- 0(0( I!'~ ~~ WI z" :Jet: >->- ~~ "'''' I- Ww :I: I ~~ '" w 0: I ~ i\ \ TRACT B-~O AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 POINT OF COMMENCEMENT S,W CORNER OF TRACT B-10 POINT OF BEGINNING S.W, CORNER OF TRACT B-10 ? t>.?>C~\.. 'P A=6018'50" R=4510,66' L=497,07' I- (f) UJ $ T A R EXHIBIT A ;( ~ EXTERIOR BOUNDARY LINE ~ OF TRACTS B-10 AND TRACT U POINT OF BEGINNING PARCEL B GRAPHIC o 40 80 ~ I SCALE 160 I ( IN FEET ) 1 inch = BO It, A=0059'39" R=4286,18' L=74,37' RB=N86031'53"E LINE TABLE LENGTH 147,73 52,68 1'2.01 66,99 211.44 4,3.73 24,05 71.73 35,71 61,79 66,67 97,8 LINE BEARING 502'40' 32'E 569'21 '03'W N12'14'25'E 502'40'32"E N81'OO' 38"[ N2S'44'49" N03'20'32" N21 '07' 43"E S8T27'34"W N45'59'34" NOO'35' 40'[ 58T19'28"W 11 L2 L3 L4 L5 L6 L7 L8 L9 110 i...11 112 c T u FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 7300' RIG'rI1 OF WAY PLAT BOOK 99 PAGE 20 7300' RIGHT OF WAY PLAT BOOK 99 PAGE 20 EXTERIOR BOUNDARY UNE OF TRACT U SOUTH UNE OF TRACT U A=3048'14" R=4299,22' L=285.43' RB=N81000'38"E L5 \ --~Fwffi~~~N~~ TRACT HH NORTH LINE OF TRACT YH PLAT BOOK 99 PAGE 20 ~ ( SKETCH OF DESCRIPTION I \ Date Scale 2/9/09 1 "=80' 090092 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION l'-<"UMBER: 00003653 180 Northeast 168th. Street / North Miami Beach. Florida. 33162 Phone: 305-653-4493 ; Fax 305-651-7152 I Email fls@flssurvey.com Job, No Dwg No, 103039-004 Sheet 6 of 6 EXHIBIT "B" LEGAL DESCRIPTION FOR TRACT S-1 (Attached hereto - Pages 1 through 6) C:\Documents and Settings\canj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Third Amendment to Restrictions v9 (lGY),doc 13 EXHIBIT B LEGAL DESCRIPTION: Tract S-1 All of Tract B-10, AVENTURA TENTH ADDlTlON, according to the plat thereof, as recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida AND Parcel B (See Sheet 6 of 6 for Detail) A portion of Tract U, FIFTH ADDfTlON BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded in Plat Book 99 at Page 20, and 011 of Tract C-10, AVENTURA TENTH ADDlTlON, according to the plot thereof, as recorded in Plot Book 136 at Page 92, both being recorded in the Public Records of Miami-Dade County, Flarida, and being more particularly described os follows: Commence at the Southwest corner of Tract B-10 of said AVENTURA TENTH ADDlTlON; thence N 02'40'32" W along the Westerly line of sOld Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223,65 feet; thence N 87'19'28" E for 200,45 feet to the Point of Beginning, thence S 02'40'32" E for 147,73 feet; thence S 69'21 '03" W for 52,68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51 '11 "w, the fallowing three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along a 170,00 foot radius curve leading to the left through 0 central angle of 12"54'24" for on arc distance of 38,29 feet to 0 point of tangency; 2) thence N 12'14'25" E for 112,01 feet to o paint af curvature; 3) thence Northeasterly along a 120,00 foot radius curve leading to the right through a central angle of 10'15'44" for an arc distance of 21.49 feet to the Point of Beginning, AND Begin at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of said Tract C-10, Tract U and Easterly right of way line of West Country Club Drive for 66,99 feet to a point of curvature, the following two (2) courses being along the exterior boundary of said Tract U' 1) thence Southeasterly along 0 4510,66 foot radius curve leading to the left through a central angle of 6'18'50" for on arc distance of 497,07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 2) thence N 81'00'38" E along the North line of said Tract HH for 211.44 feet to a point on 0 circular curve concave to the Northeast and whose radius point bears N81'00'38"E; thence Northwesterly along 0 4299,22 foot radius curve leaolng to the right through 0 central angle of 3'48' 14" for on arc distance of 285,43 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 feet; thence N 03'20'32" W for 24,05 feet; thence N 21'07'43" E for 71,73 feet to a point on a circular curve concave to the Northeast and whose radius point bears N86'31 '53'1; thence Northwesterly along a 4286.18 foot radius curve leading to the right through 0 central angle of 0'59'39" far on arc distance of 74,37 feet to a non-tangent point; thence S 87'27'34" W for 35.71 feet; thence N 45'59'34" W for 61,79 feet; thence N 00'35'40" E for 66,67 feet to a paint on a circular curve concave to the Northwest and whose radius point bears N64'51 '11 "w, also being a point on said exterior boundary of Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170,00 foot radius curve leading to the right through 0 central angle af 27'01'58" for on arc distance of 80,21 feet to the Northeast corner of said Tract C-10; thence S 87" 19'28" W along the North line of said Tract C-10 for 97,86 feet to the Point of Beginning, LESS AND EXCEPT Description on Sheet 2 of 6 Drawn By Cad, No, MAP 090092 r LEGAL DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / E-mail fls@flssurvey.com ~ [ Date 2/9/09 Scale NOT TO SCALE Job, No, 090116 Dwg, No, 1009-004-1 Sheet 1 of 6 Ref Dwg 2007-034 Plotted, 2/9/09 11 :01 0 EXHIBIT B LESS AND EXCEPT Parcel A (See Sheet 5 of 6 for Detail) A portion of Tract B-10, AVENTURA TENTH ADDITION, accord;ng to the plat thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the mast Westerly Northwest corner of said Tract B-10, the following eight (8) courses being along the exterior boundary of said Tract B-10; 1) thence N 87'19'28" E for 69,15 feet; 2) thence N 16'40'31" W for 112,81 feet; 3) thence N 73'19'29" E for 256,96 feet; 4) thence N 16'40'31" W for 68,05 feet; 5) thence N 69'06'15" E for 81,61 feet; 6) thence S 47'08'16" E for 193,28 feet; 7) thence S 69'22'04" E for 60,00 feet to a point of curvature; 8) thence Southeasterly along a 400,00 foot radius curve leading to the right through a central angle of 17'56'35" for an arc distance of 125,27 feet to 0 non-tangent point; thence S 57'28'02" W far 83,50 feet; thence S 50'08'05" W for 33,64 feet; thence N 41'11'28" W for 29,97 feet; thence N 48'48'32" E for 23,56 feet; thence N 41'19'16" W for 28,94 feet; thence N 48'48'19" E for 10,08 feet; thence N 41'14'20" W for 27,36 feet; thence N 50'29'30" E for 0,30 feet to a point on a circular curve concave to the Southwest and whose radius point bears S86'59'06"W: thence Northwesterly along a 43.43 foot radius curve leading to the left through a central angle of 76'34'58" for an arc distance of 58,05 feet to a nan-tangent point; thence S 48'04'50" W for 0,37 feet; thence N 41'22'59" W far 27.49 feet; thence S 48'35'33" W for 10,09 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'02" W for 23,57 feet; thence N 41'11'14" W for 31.03 feet; thence N 87'02'24" W for 13,93 feet; thence S 48'32'04" W for 79,44 feet; thence S 06'10'31" W for 6,23 feet to a point on 0 circular curve concave to the Northwest and whose radius point bears N83'11'56"W; thence Southwesterly along a 285,15 foot radius curve leading to the right through a central angle of 7'18'26" far an ore distance of 36,37 feet to a point on a circular curve concave to the Northwest and whose radius paint bears N79'36'46''W; thence Southwesterly along a 103,02 foot radius curve leading to the right through a central angle of 62"37'35" for an arc distance of 112,60 feet to a paint an a circular curve concave to the Northwest and whose radius point bears N 13'52'06"W; thence Southwesterly along a 94,39 foot radius curve leading to the right through 0 central angle of 25'06'19" for on arc distance of 41,36 feet to a non-tangent point; thence S 87' 14' 45" W for 53,75 feet; thence S 02"40'40" E for 212,19 feet; thence S 87' 12'00" W for 101.86 feet; thence S 42'41'48" W for 38,25 feet; thence N 86'46'05" W for 23.48 feet to a point on the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive; thence N 02'40'32" W along said Westerly line of Tract B-10 and Easterly right of way line of West Country Club Drive for 252,03 feet to the Point of Beginning, AND Commence at said most Westerly Northwest corner of Tract B-10; thence S 02'40'32" E along said Westerly line of Tract B-10, and Easterly right of way line of West Country Club Drive for 651,75 feet; thence N 87'26'47" E for 200.46 feet to the Point of Beginning; thence continue N 87'26'47" E for 63,18 feet; thence N 42'26'47" E for 16,77 feet; thence N 02"33'13" W for 33,67 feet; thence N 87'26'47" E for 120,69 feet; thence S 02"33'13" E for 42,01 feet; thence S 87'26'47" W far 41.45 feet; thence S 02'33'13" E far 39,61 feet; thence N 87'26'47" E far 62,28 feet; thence S 02'33'13" E for 24,13 feet, the follow;ng six (6) courses being along the exterior boundary of said Tract B-10; 1) thence S 87'26'47" W far 15,34 feet; 2) thence S 02'33'13" E for 34,14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W far 74,14 feet; 5) thence N 47'42'35" W far 19,88 feet to a paint an a circular curve concave to the Southeast and whose radius paint bears S29'22'29"E; 6) thence Southwesterly along a 120,00 foot radius curve leading to the left through a central angle of 38'07'22" for an arc distance of 79,84 feet to a non-tangent point; thence N 02'40'32" W for 62,46 feet to the Point of Beginning, ~::?'". ~ L-~ Drawn By Cad, No MAP 090092 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INC, CONSULTiNG ENGiNEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 1 68t:b. Street. I North 1v1iami Beach, Florida. 33162 Phone: 305-653-4493.1 Fax 305-651-7152,1 Email fls@flssurvey.com Date 2/9/09 Scale NOT TO SCALE Job, No, 09011 6 Dwg, No, 1009-004-1 Sheet 2 of 6 Ref, Dwg 2007-034 Plotted: 2/9/09 11:010 EXHIBIT B SURVEYOR'S NOTES: - This site lies in Section 3, Township 52 South, Range 42 East and Section 34, Township 51 South, Ronge 42 East, City of Aventuro, Miami-Dade County, Florida, - Bearings hereon are referred to on assumed value of S 02'40'32" E for the Easterly right of woy line of West Country Club Drive, - Lands shown herean were not abstracted far easements and/or rights-of-way of records, - This is not 0 "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon conta,lning 671,345 square feet, or 15.4 acres, more or less, - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2007-034 SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on February 9, 2009, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes, "Not valid without the signature and the anginal raised seal of a Florida Licensed surv'!:t') and Mapper" FORTIN, LE , S~(ES, INC" LB3653 " D~~~-- Surveyor and Mapper, LS2853 State of Florida, Drawn By MAP r SURVEYOR'S NOTES & CERTlFICA TlON I Date 2/9/09 Cad No, 090092 Scale NOT TO SCALE Ref Dwg FORTIN, LEA VY, SKILES, INC, Job, No, 090116 2007-034 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653 Dwg No, 1009-004-1 180 Northeast 168th. Street. / North J\..1:iarni Beach, Florida. 33162 Sheet Plotted' 2/9/09 11:010 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@.flssurvey_com 3 of 6 EXHIBIT B / / ! \ I I N,E 207TH STREET \ - w ~ z w > ~ 0/ ~ Q~/ 0<0/ 0"'/ ,/ >- I~ ;:) \8 Ii \ \ \ \ \ j NO, \,\0,,0 ____ 5' ",{;. ---- ---- ---- - --- o ---- ---- --- GRAPHIC SCALE LEGEND C=:J TRACT S-1 f-;;, ;>X-~ TRACT U-l ;;/<;>; RESTRICTED GOLF COURSE ACREAGE (241,8f ACRES) 300 I 600 I 1200 -j ( IN FEET ) 1 inch = 600 It, Drawn By Cad No, MAP 090092 2007 -034 r SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC, CONSULTlNG ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street. / North Miami Beach, Flor-ida. 33162 Phone: 305-653-4493 .I Fax 305-651-7152 I Email fls@flssurvey_com ~~ I Date 2/9/09 Scale 1 "=600' Job, No, 090116 Dwg No 1009-004-1 Sheet 4 of 6 Ref Dwg Plotted 2/9/09 11:010 ~300' >-:!; I <~ " N ,,-6'" \ loot:: I l-CO<<( I~o. ~5 "'a. ~ ~ \ 1 ~~ '" I I i:e0l "'~ ~~ \~: \ ~' I~ LL~ g lOw ..J \~~ '; 0. () <C \ ~ ,~~ r ~=> ~'-' :::J>- ~~ 2:0 WO '-'U '" W 2 '" o '-' ~ ~ /TRACT A-iO~ / A~~i~~~~~~~~~g~'~ioN ,-S / POINT OF --1 BEGINNING \..3 <;0 ? ~?-.c,t:.\.. ~ L1 L25 <.0 N ~ I ;(<0 L27 h-/S L29 SOUTH LINE OF SECT10N 34-51-42 NORTH LINE OF SEClloN 3-52-42 ~ ~ MAP 090092 2007-034 2/9/09 11:01 a I(WESTERLY LINE Of TRACT B-10 AND EASTERLY RIGHT OF WAY LINE OF WEST COUNTRY CLUB DRIVE w ~\ AVENTURA TENTH ADDITION '0 PLAT BOOK 136 PAGE 92 ... ~\ T R A w > a: o Drawn By Cad, No Ref, Dwg, Plotted r [XTERIOR BOUNDARY LINE OF TRACT B-10 EXHIBIT B ~ <6' FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 TRACT U A=76034'58" R=43.43' L=58,05' RB=S86059'06"W A=17"56'35" R=400,OO' L= 125,27' ... C\J ...J '(,,":> 'v L22 ( (""/ '(,,<::3/.9- 'v ,,<O'{ 'v /.". 'v,,'O ,,0;, (/ '-' ":> V 'v" ( ~ ,-,,," ()'O ,-,0" 1...7 A=7"18'26" R=285,15' L=36,37' RB=N83011 '56"W A=62037'35" R=103,02' A=25006'19" L= 112,60' R=94,39' RB=N79036'46"W I L=41 ,36' RB=N13052'06"W ,-,'0 ~ TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007,034 LINE TABLE LINE TABLE LINE l[NGTH BEARING LINE LENGTH l1 6915 N87'19'28'E l24 6,23 l2 11281 N1604D'31" l25 53,75 U 256,96 N73'19'29~E L26 212,19 L4 68,05 N16'40'31" l27 101,86 L5 81,61 N69'06'1S"E L28 38,25 lS' 193.28 547'08"6"[ l29 23.48 L7 60,00' S69'22'04"[ DO 25203 L8 83,50 S5n8'02'W U1 63,18 L9 33.64 S50'08'05'W U2 16,77 l10 2997 N41'l1'28" L33 33,67 Lll 23.55 N48'48'32~E D4 12069 L 12 28,94 N41"19'16" US 42.01 113 10_08 N48'48'19'E I L36 41.45 L14 2736 N41"14"20" U7 39,61 L15 0,30 N50'29'30'[ U8 52,28 l16 037 S48'04'50'W U9 24,13 l17 2749 N41'22'59" L40 15.34 l18 10,09 548'35'33'W l41 34,14 L19 2874 N 41'27' 4 7" l42 13242 L20 23,57 548'38'02"W l43 74,14 L21 31.03 N41'11'14" l44 19,88 l22 13,93 NB7'02'24" l45 6246 L23' 7944 S48'32'04"W c T 8 ~o In \ :J I A=38007'22'.~ -1 ~ \ R=120,OQ' L34 o ~ <<L=79,84' -~~ ~ ~ I RB=S29022'29"E ~r :3 ~ ~ ~ \L _ ~~27~~~Y:"~ ~~L31 6"" ML36L{)8 i1"~~SlH~D~19 I- ~ ii' 1 ~ ~' ( -' L3 0> PLAT BOOK 136 PAGE 92 Z '" I ~ POINT OF ::i M 9'9' ~\.,f>.. L~;r- - ~ 6 ~ M~ I BEGINNING ::i ?~?-.C;~ J~\Y / '\ L42 I I ExTERIOR BOUNDARY LINE ~ 7300' OF TRACT B-10 (j) >-:!; W I ~:i;: / TRACT U OroHN" S \ ~gs \ ~ _ FIFTH ADDITION ~ ~ 0- / BISCAYNE YACHT AND COUNTRY CLUB ~ ~ I PLAT BOOK 99 PAGE 20 SEARING 506'lO'31"W S87"14'45MW 502'40'40'[ 58T12'OO"W S42'41'4S"W NB6'45'05" N02'40'32" N87'26' 47'E N42'26'47"E N02'33'13"W N87'26'47"E 502'33'13"E S87'26' 47"W 502'33'13"E N87'26'47'E S02'33'13'[ 587'26'47"W 502'33'13"[ S8T26'47'W N02'33'13"W N47'42'3S"W ND2'40' 32"W >-0 "'- <, 00l 20- Ole.> 0<( al", ",0- ~l5 / < "\ "\ "" "\ > / V GRAPHIC SCALE r SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CER TIFICA TE OF AUTHORIZATION NUMBER: 00003653 180 Nonheast 168th. St~eet / North Miami Beach, Florida. 33162 Phone: 305-653-4493/ Fax 305-651-71.52 / En1.ail flsat:!flssurvey.com 60 I 120 I 240 I ( IN FEET ) 1 inch = 120 it. 4~ I Date 2/9/09 Scale 1 "=120' Job, No, 090116 Dwg No, 1009-004-1 Sheet 5 of 6 \ \ \ \ \ \ \ \ \ I \ \ \ \ \ \ \ \ \ \ \ o Drawn By Cad, No, Ref Dwg. LU > - a: o MAP 090092 2007-034 co :J --I o / EXHIBIT B ~ EXTERIOR BOUNDARY LINE ~ OF TRACTS B-10 AND TRACT U POINT OF BEGINNING PARCEL B GRAPHIC SCALE o 40 90 160 ~ I * _ Y~T~~"~ - ..1QQ~ - - A=10015'44" \ R=120,OO' L=21 .49' >- a: ~ z :J o o ~~ 'w "'z ~::i w~ << ~~ ;;: "- <( ~~ 3: 'i'i3 u... :Jet: o ~~ ~ ~~ J: I ~w~ (9' CC ~ o ::i CO => ~ ~ (/) UJ 3 7300' RIG\-fT OF WAY PLAT BOOK 99 PAGE 20 73.00' R\GK1 OF WAY PLA 1" BOOK 99 PAGE 20 \ \ \ \ \ TRACT B-iO AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 POINT OF COMMENCEMENT S,W, CORNER OF TRACT B-10 TRACT C-~O PLAT BOOK 136 PAGE 92 {NORTH LINE OF TRACT C-10 112 POINT OF BEGINNING s. W, CORNER OF TRACT B-lO ? t>-.?-c, '(.\. ~ A=6018'50" R=451 0,66' L=497,07' T R A c FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 EXTERIOR BOUNDARY LINE OF TRACT U sou TH LINE OF TRACT U L5 \ --~FwTR~~;N~~ TRACT HH r SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th_ Street / North 1'vIiami Beach, Florida. 33162 Phone; 305-653-4493 / Fax 305-651-7152 / Email fls@f1ssurvey_com Plotted' 2/9/09 11:010 A=0059'39" R=4286,18' L=74,37' RB=N86c31 '53"E LINE TABLE LINE LENGTH Ll 147.73 L2 52,68 L3 112,01 L4 66,99 L5 211,44 L6 43 73 L7 24,05 LB 71,73 L9 35,71 L10 6179 L11 66,67 L12 97,8 BEARING S02'40'32"E S69'21'03"W N12'14'25"E S02'40'32'E N81'OO' 38"( N2B'44' 49" N03'20'32" N21 '07' 43~E S8T27'34"W N45'59'34" NOO'35'40'[ S8T19'2B"W T u A=3048'14" R=4299,22' L=285.43' RB=N81000'38"E NORTH LINE OF TRACT HH PLAT BOOK 99 PAGE 20 /'~ I Date 2/9/09 Scale 1"=80' Job, No, 090116 Dwg, No, 1009-004-1 Sheet 6 of 6 Exhibit 7 01 & 02-REZ-08 This instrument was prepared by: Name: Michael ], Marrero, Esq, Address: Bercow, Radell & Fernandez, P,A, 200 S, Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to approximately 2,69 acres of land in the City of Aventura, Florida, described in Exhibit "A," attached to this Declaration (the "Property"), which statement as to title is supported by the attorney's opinion attached to this Declaration as Exhibit "B" ; and WHEREAS, the Property is the subject of a City of A ventura (the "City") zoning hearing application for a district boundary change to B-2 and an amendment to the Future Land Use Map to Business and Office (the "Application"); and WHEREAS, the City ordinance approving the proposed district boundary change (the "Ordinance") shall become final upon the expiration of all periods for judicial challenges of the district boundary change, with no appeal or other challenge being filed; or if an appeal or other challenge is filed, upon resolution of such appeal or other challenge in a manner that upholds the district boundary change (the "Ordinance Effective Date"); and WHEREAS, in the event that any appeal or other challenge is filed regarding the district boundary change of the Property, and the disposition of such appeal or other challenge results in the denial of the Application in its entirety, then this Declaration shall become null and void and of no further effect. NOW THEREFORE, in order to assure the City that the representations made by the Owner during the consideration of the Application will be abided by the Owner, its successors and assigns, freely, voluntarily, and without duress, the Owner hereby imposes the following restrictions contained herein to run with the Property: C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 2 (Space reserved for Clerk) 1. Incorporation by Reference. All Whereas clauses above are true and correct and hereby adopted and incorporated by reference herein, 2. Improvements To Property. Owner agrees to perform certain actions within 180 days of the Ordinance Effective Date, including but not limited to the relocation of existing items and new construction as pictorially described in Exhibit "COO attached hereto and made a part hereof, and as further identified and described below, to wit: a, The trash enclosure and compactor operations located on the southern portion of the Property shall be relocated to the northern portion of the Property, Nothing shall prohibit the Owner from removing the trash enclosure and compactor operations from the Property, b, All backhoes and stump grinders stored along the southern portion of the Property shall be relocated to the northern portion of the Property, Nothing shall prohibit the Owner from removing the backhoe and stump grinders from the Property, c, All stored materials, including, all clay pots, mulching material, and black geofabric shall be removed from the southern portion of the Property and relocated to the parking area on the northern portion of the Property, Nothing shall prohibit the Owner from removing such stored materials from the Property, d, The existing mower storage and repair building, office building, laundry building and engineering building shall be cleaned and repainted, e, A 6 foot high green metal picket fence with three (3) driveway entrances shall be erected along the western Property boundary line on West Country Club Drive, The design of the fence shall be comparable to that existing at the City of A ventura Founder's Park at the time this Declaration is executed, f, Landscaping shall be planted along the western Property boundary line on West Country Club Drive, The species and maturity of the C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 3 (Space reserved for Clerk) landscaping shall be based on a list of suggested plant specIes to be proposed by the City landscape architect and approved by the Owner, which approval shall not be unreasonably withheld, A 6 foot high green metal picket fence shall be erected along the south boundary line of the Property, The design of the fence shall be comparable to that existing at the City of Aventura Founder's Park at the time this Declaration is executed, The Australian Pines on the western boundary of the Property shall be trimmed to the specifications of the City's landscape architect. Upon completion of all of the foregoing items to the reasonable satisfaction of the City, the City Manager of the City of A ventura or his/her designee, shall execute a partial release of this Declaration of Restrictions, releasing in their entirety the requirements set forth in this Paragraph 1, The execution of such partial release shall not be unreasonably withheld, and shall be recorded in the Public Records of Miami-Dade County at the owner's expense, Anything herein contained to the contrary notwithstanding, the execution and the recording of such partial release shall not operate to permit: 1 (x) the relocation of the trash enclosure and compactor operations back to their original location on the southern portion of the Property; or the relocation of all backhoes and stump grinders back to their original location on the southern portion of the Property; or the relocation of all stored materials, including all clay pots, mulching material, and black giofabric back to their original location on the southern portion of the Property, Additional Restrictions. The Owner agrees to the following: a, Owner shall locate any future structures on the Property at least 20 feet from the Property's south boundary, or the applicable setback under B2 zoning regulations in existence at the time this Declaration is recorded, 1 (y) 1 (z) 3. g, h, C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 4 (Space reserved for Clerk) whichever is less, Owner further agrees not to seek any variance to said B2 zoning regulations as to the southern setback; b, Owner agrees to maintain the Property (including any and all improvements therein and thereon) in a clean and well kept condition; and c, Owner may remove the temporary improvements to the Property described in Paragraph 2, subparagraphs d, e, and g, upon issuance of a duly approved Building Permit for permanent improvements to the Property (which permanent improvements shall include, without limitation, replacement of the fences described in Paragraph 2, subparagraphs e, and g,), 4. City Inspection. As part of this Declaration, it is hereby understood and agreed that the Owner grants the City the right to enter and inspect the Property during working hours to determine whether or not the requirements of the City regulations and these restrictions are being complied with, 5. Covenant Running with the Land. This Declaration shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect for the term set forth in Paragraph 6, hereof and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified, amended or released in the manner set forth in Paragraph 7, hereof. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the benefit of the City and the public welfare, The Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City, 6, Term. Subject to the "partial release" provisions set forth in Paragraph 2, above, this Declaration shall be binding for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 5 (Space reserved for Clerk) periods of ten (10) years each, unless modified, amended or released in the manner set forth in Paragraph 7, hereof. 7, Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City Manager of the City of A ventura or his/her designee, Any such instrument of modification, amendment or release duly executed by all of the said parties shall be recorded, at Owner's expense, among the Public Records of Miami-Dade County, Florida, This Declaration of Restrictions may also be released, in whole or in part, by a written instrument executed solely by the City Manager of the City of A ventura or his/her designee, and such instrument recorded, at Owner's expense, among the Public Records of Miami-Dade County, Florida, 8. Enforcement, Enforcement of these Restrictions shall be by action against any parties or person violating, or attempting to violate, any restriction, 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 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, in equity or both, 9. Authorization for the City of A ventura to Withhold Permits and Inspections, In the event the terms of this Declaration are violated, in addition to any other remedies available, the City is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with, 10. Election of Remedies. 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 remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges, 11. Presumption of Compliance, Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 6 (Space reserved for Clerk) approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration, 12. Severability, Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion, 13. Force Majeure. The time for performance by Owner of its obligations hereunder shall be deemed extended by the time lost due to delays resulting from Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), insurrection, military or usurped power or confiscation, terrorist activities, government sanction, or other act beyond Owner's control. 14. Effective Date. The Effective Date hereof shall be the date when the last one of the Owner and the City shall have executed this Declaration, 15. Acceptance of Declaration. The Owner acknowledges that 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 current or future application, zoning or otherwise, and the City Commission retains its full power and authority to deny each such application in whole or in part and decline to accept any conveyance, 16. Owner. The term Owner shall include all its assigns and successors in interest. [Execution Pages to Follow] C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) Declaration of Restrictions Page 7 (Space reserved for Clerk) C:\Documents and Settings\carrj\Local Settings\Temporary Internet Files\OLK16A\Turnberry - Declaration of Rest- Nursery area v10 (IGV) 04-09-09,doc (Public Hearing) EXHIBIT" A" LEGAL DESCRIPTION (Attached hereto - Pages 1 through 4) EXHIBIT A LEGAL DESCRIPTION: A portion of Tract U, FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plat thereof, as recorded In Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and being more particularly described os follows: Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida; thence N 02'40'32" W along the Westerly line of said Tract B-10, also being the Easterly right of way line of West Country Club Drive for 223,65 feet; thence N 87'1g'28" E for 200.45 feet to the Point of Beginning; thence S 02'40'32" E for 147,73 feet; thence S 69'21'03" W for 52,68 feet to a point on a circular curve concave to the Narthwest and whose radius point bears N64'51' 11 "w, the following three (3) courses being along the exterior boundary of said Tract B-10; 1) thence Northeasterly along 0 170,00 foot radius curve leading ta the left through a central angle of 12'54'24" for on arc distance af 38,29 feet to a point of tangency; 2) thence N 12'14'25" E for 112,01 feet to a point of curvature; 3) thence Northeasterly along a 120,00 foot radius curve leading to the right through a central angle af 10" 15 '44" for on arc distance of 21,49 feet to the Point of Beginning, AND Commence at said Southwest corner of Tract B-10; thence S 02'40'32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITJON, and said Easterly right of way line of West Country Club Drive far 30,99 feet to the Point of Beginning, also being the Northwest corner of said Tract U, the following three (3) courses being along the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 36,00 feet to 0 point of curvature; 2) thence Southeasterly alang a 4510,66 foot radius curve leading to the left through 0 central angle of 6'18'50" for an ore distance of 497,07 feet to the Northwest corner of Tract HH of said FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'00'39" E along the North line of said Tract HH for 211.44 feet to a point on a circular curve cancave to the Northeast and whase radius point bears N81'00'38"E; thence Northwesterly alang a 4299.22 foot radius curve leading to the right through 0 central angle of 3'48'14" for an arc distance of 285.43 feet to a non-tangent point; thence N 28'44'49" W for 43,73 feet; thence N 03'20'32" W for 24.05 feet; thence N 21'07'43" E far 71,73 feet to a point on a circular curve concave to the Northeast and whose radius point bears N86'31 '53"[; thence Northwesterly along a 4286,18 foot radius curve leading to the right through a central angle of 0'59'39" for an arc distance of 74,37 feet to a non-tangent point; thence S 87"27'34" W for 35,71 feet; thence N 45'59'34" W far 61,79 feet; thence N 00'35'40" E for 66,67 feet ta a point on a circular curve cancave ta the Northwest and whose radius paint bears N64'51' 11 'W, also being a point an the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along a 170,00 foot radius curve leading to the right through a central angle of 62'10'39" for on arc distance of 184.48 feet to the Point of Beginning, ~~ 2007-034 ( LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast. 168th_ Slre.et I North lv:1iarni Beach, Florida. 33162 Phone: 305-653-4493/ Fax 305-651-7 L52 I En'lail fls@flssurvey.com Date 10/21/08 Scale NOT TO SCALE Job. No, 081267 Dwg NO,1008-109-2BR Drawn By Cad, No, Ref Dwg MAP 081267-1 Plotted' 10/22/08 9:340 Sheet 1 of 4 EXHIBIT A SURVEYOR'S NOTES: This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida, _ Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive, - Lands shown hereon were not abstracted for easements and/or rights-of-way of records, - Easements per said Plot Book 99 at Page 20 not shown os requested, - This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon, - Lands shown hereon containing 117,171 square feet, or 2,69 acres, more or less, Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2007-034, SURVEYOR'S CERTIFICATION: ] hereby certify that this "Sketch of Description" was mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes, Drawn By Cad No, MAP 081267-1 ( SURVEYOR NOTES AND CERTlFICA TlON I Date 10/21/08 Scale NOT TO SCALE Job, No, 0081267 Dwg No, 1008-109-2BR Sheet 2 of 4 Ref. Dwg 2007-034 FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street I North Mia.rn.i Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 " Email fls@flssurvey.com Plotted' , 0/22/08 9:340 EXHIBIT A I 1 \ ~ 73,00' RIGHT OF WAY PlA T BOOK 99 \ PAGE 20 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \UJ \$ \ G Drawn By Cad No Ref Dwg, MAP 081267-1 2007-034 Plotted: 10/22/08 9:340 UJ > - a: o I POINT OF~ BEGINNIN~ ~,,' ~ t - _N~T~'~"~ - ~QQ~ - - A=1Q015'44" \ R=120,OO' L=21.49' 7300' 1 RIGHT or wAY TRACT 8- "iIO PLAT BOOK 99 U U 0 UY PAGE 20 '", \ AVENTURA TENTH ADDITION ill PLAT BOOK 136 PAGE 92 "" '" ~ POINT OF COMMENCEMENT I ~\ r. ,-," uu," ~3 '~\/ITRACT C-10 ;:, u ~ PLAT BOOK 136 PAGE 92 >->- Z\ ",go g 1 ;28 __ 1>- u'" oll~ FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 I. ~ EXTERIOR BOUNDARY LINE or TRACTS B-l0 AND TRACT U GRAPHIC SCALE o 40 80 ~ ( IN FEET ) 1 inch = 80 It, 160 I co :J ...I o ;?5 :w cb~ "'::; >- u>- 0<0< go~ t)~ WI Ze> ~&: >->- ~~ "'''' ~~ "'''' ~~ '" Z 0< LINE TABLE LINE LENGTH BEARING 11 147,73 S02'40' 32"[ L2 526B S69'21'03'W L3 112,01 N12'14'25'[ L4 36,00 S02'40' 32'[ L5 211.4 N81'OO' 39'[ L6 43,73 N28'44' 49-W L7 24,05 N03'20' 32"W L8 71,73 N21'07' 43"[ L9 3571 S87'27'34"W LIO 6'.79 N45'59'34'W Ll1 66,67 NOO'35'40"[ N. """" 00::5 ~g o U1 A=0059'39" R=4286,18' L=74,37' RB=N86031'53"E >: <l': 3 >- a: \- Z :J o o u.. o I- 61 ?i o ::i CO ::J e:- \- (f) A=3048'14" R=4299,22' L=285.43' RB=N8100Q'38"E 7300' R1GKl OF WA '( PLAT BOOK 99 PAGE 20 \ \ \ \ \ SOUTH LINE OF TRACT U NORll-i LINE OF TRACT HH PLAT BOOK 99 PAGE 20,V~ ( I Date 10/21/08 Scale 1 "=80' Job, No, 081267 Dwg No,1008-109-2BR Sheet 3 of 4 SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC" CONSULTlNG ENGlNEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street: / North Miazni Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / Email fls@flssurvey.com Drawn By Cad, No Ref. Dwg I '\ I I I I \ MAP 081267-1 2007-034 EXHIBIT A '0 p.S<. \) S001-1i- ,0? '" ",'ok"'" AVENTURA MALL S 7'-1 /(' Ii' O"'/Q ;\iCJ ass 9 r~ ~ \ ~\ o CD \TURNBERRY ISLE RESORT ::J & COUNTRY CLUB -..l o I >- I Ct: t- Z ::J o o t- V> w 5: \ \ \ ,\ \\ "----- s,R[[\ r LOCA nON SKETCH FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION :r--.'UMBER: 00003653 180 Nort.heast. 168m_ Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 I Email fls@flssurvey,com Plotted' 10/22/08 9:340 TURN BERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT A /~ I Date 110/21/108 Scale NOT TO SCALE Job. No, 1081267 Dwg No,1008-109-2BR Sheet 4 of 4 EXHIBIT "B" TITLE OPINION REGARDING PROPERTY (Attached hereto) EXHIBIT "C" LEGAL DESCRIPTION OF SITE (Attached in two pages, First page is the full site area, Second Page is the blow-up of the 'nursery area" where the improvements will be made) \ I \ I \ I I I I I I I I I I .\1 Id y~ c1 1; r- I -~ 6..y/l - :.-'/"1'0 1'1 4'\10 '" ,~ > ~ J". \ ~._, _<#~~~... ,I, \ " d ~ .. liil'i.~ > I ,<< U-il~~ !I',' g OJ ;; ~ c ~ g ~ "" , !,El :l~ o Hi, ~llll '~ o ", ~ '; TURNBERRY ISLES RESORT & COUNTRY CLUB EXHIBIT C - PROPERTY IMPROVEMENTS AVENrURA, FLORIDA T"'.... CHECCA. P.E'I ENVIRONMENTAl CONSULTANT '1_NonIlMeI13n:l.....I~FloI'a33076 Phorw;OlIcIIFu.(t5oIl~!344-4784 - ~. il2e! . . , , \ 7-\ "''''>\' : ',"--- ~l - - "\~\ \ (D-Z: m- um II _~. < ClQ ;oGlj:;:::; 'll --- '~5~, <~- <8ii.,~ U-~'-\, " ~"O. '\ \ 'k~~~~ <!/ lniU /: ",.. ffiz,<ffi', j, l;. ~~::'.' ~S;(i) ~.'.$:m~~m::!z \. ~-,: ~:i.~'~p~ .!2~,.., Gl ~ J]m>o"2: i ". ~~"' .. o<~...~ ~~ \\, i. J>i:" ~ m 0 g ~ ~ q !,; .'m.,,, // 'mA. i~~ ~"~~ ~ Ai \..-"':--- .J-' ; · 0""0' I · \ . lc~",OJ / U\\ '\'\ l'e- ci\!'J 'U'"1 ..' -- iiiyf m ~ / \ 1 \ :( ~ ~-~_.- --- -~6(f) ---r , ~,\ - ~'u ~ _: _,::,./ I , ",,, ,,- m" ~. _'" l,~. 0 ...--:::~;:. mO '0' .. /. 'I.. ; 2~~_~._ 55C2\"!2~ ------- \\ U ""0" \ 0..,- I 52 /:..---. iOZ. ." ~ ';; ~ "v , 0 -<$:;-nJ] <,~ .-- >>om . ~""'~z. ~:..~ ~~"~, g --iC):rJ -::! "33"" ~zOz..., ,~. Ob< >0.0\ ~Ir:rJ(f)O z:rJm_ 7m Oc..., 0..., Z oZ)>u:rJ::O mI ~~~gj;;~ >"T1o>: _ 5 d~ ~~ ~ ~C ~ I ~; ~ I i-rnl)\\\ -~ \ ;------- I 1/ -_.~. . -\ ~ r:::~:,,:~:; ;: W~,i :,:~: i~ g! , I i 1\ '-',Ttl'::i !~~l I i~a e, '\ \i~_u I ~-~. " -~~.:-..~~ ~"''''8)lI{. PER........ ~ ~~....~.~~jiiP .... . " - _..:.::,:~ --"~j'Oi>"- i \~, t.. e c~ 160 U~ ~ t.. i~~ , \ H~ :::\ ~ i I ~\ "'i ': \~ ,:, ,.. _J,Vt_- i; EI :l~ o T & COUNTRY CLUB TURNBERRY ISLES P~~<;; IMPROVEMENTS EXHIBIT C - ~~~TURA, FLORIDA C HECCA, P. E. THOMAS ONSULTANT ENVIRONMENTAL ~ AoridII3S07f1 ~73Id1Mru~13l4-41e4 11~,ClIIa/h"llllS4) APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application. and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, L8fldscape Architects, Engineers, Lobbyists, Efc.) A-I1oJ'ne.t/ I ~r"tf ~61AJ6GrI2.. ~u R, cJ(f::f( oJ€, fJ1, C HA e L. )/J1I./titSfUJ Je~/2tiJY ~.e(!,()W ~,.... J9-S 0 HJt!!!;U If DAN.e..&.... ke,TJ..u (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ) DAY OFJ:, Al6 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER / , 20ri. Name: (Signature) (Print) By: ~ture) Name: .e ;.I:rint) r-:J Title: AAI....1J4 f""'tQ;T?Jet!... Address: ,KJ9SJ ~ afl~ ~. A 7-aunf tP~ ~eA, S~180 By: Title: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared S Applicant and/or the owner of the properly subject to the application, who being first by executed this Affidavitfor the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME this i day of....:;r.,,,,e. _-,$,:-:.:&.<, Ana B. Zeigler '"/'''' ~ '.'Y~.. .. , D6;f-?::("''.:- .'.>"'~'.':-'-' y~~ Commission #., D ..,.j;,:?,) :,,~ E' June "3 ,)1'\, r) '~':-':' /9.:: xplres ",t.; <.'.0' ~ . <~:'N:f~~ fb::H''lr1~d Troy faltl ~ Inlilol,.lt~"ea, 11'lC FlOU.jSS-701 S. BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pUlsuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with 'x' 7Plicable portions only) [&(1. Affiant does not have a Business Relationship with any member of lhe City Commission or any City Advisory Board to which the application will be presented. [ 12. Affiant hereby discloses thaI it does have a Business Relationship with a member of !he City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as fo/lows: (] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; ( 1 Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; I J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; ( 1 iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (Of his or her employer) in a given calendar year; By: Name' Tille: [ 1 vi. The member of the City Commission or Board is a Customer of the Applicanl or Representative and transacts re than $25,000.00 of the business of the Applicant or Representative in a given calendar year. ~DAYOF ~~ .2008 APPLICANT: Nt!....-- 2009 , 0 (Signafure) (PtinQ (PrinQ 'The terms "Business Relationship: 'Client: 'Customer," "Applicant, W "RepresentativeW and 'Interested Person" are defined in Section 2-395 of the Aventum City Code. '-{B :s U /\..L WITNESS MY HAND THIS _ DAY OF . 2001> REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: ~ ( (Signature) By: (Signature Name: J~ey &nd<J''; (Print) Name: (Print) Tm, M+ t (Print) Title: (Print) B;/{ ~, "~alure) By: (Signature Name: M.. ( c.:...-V\q"t l M. 0 ('(Prin1) Name: (Print) Title: f\+t1 (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tille: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete L/T"V , 2008 WITNESS MY HAND THIS -DAY OF ,j UN r;; R~r" TIVE; (Lisred on B~SioeSS RelaOOnship Affid"") By,-0~r~ (Signature) By: (Signature Name;i}\~iCL C. Fo.e.i4J (Pn'nt) Name: (Print) Till r\. (Print) Tille: (Print) Signature) By: (Signature Name: '~W5 a;E;cc....~ (Print) Name: (Print) Title: ~ ,..:1(;:VL (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TiUe: (Print) Title: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Prinl) Title: (Print) Title: (Print) Tille: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 1) Applicants and Aftiants are advised to timely supplement this Affidavit pursuant to Sec. 31..71(b)(1)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete NOTARIZATION PROVISION S , S(JB~Eltl~r~:R~\9l:~f!Wi1\li~, ~~{Q. 'Jenma' ' ",IV Dn~::'~ ;,,~,); STATE OFFLORIDA ) COUNTY OF MIAMI.DADE) Before me, Ihe undersigned authority. personally appeared~' IC/t1~ ( executed Ihis Affidavil for the purposes slaled Ihereln and that it is lrue and carr eel ...--' SW~ mAhJn.SURSGalS@}befol~me.thisS:'~~ lJ i1R, I,' t~::liari! ?ubHc' St'iip ni' "Ii "'~:, i. \ ~ -:-. ~Ulw8rt I C<M05l2D'i .; eing first by me duly sworn. did swear or affirm that he/she STATE OF FLORIDA ) COUNTY OF MIAMI. DADE) Before me, the undersigned authority. per>onally appeared execuled this Affidavit for the pUlJloses slaled Iherein and Ihal il is true and carr eel the Affiant. who be'lng fir>1 by me duly swam. did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200 Nolary Public Slale of Florida AI Large Prinled Name of Nolal}' My commission expiles: STATE OF FLORIDA ) COUNTY OF MIAMI. DADE) Before me, ihe undelsigned authority. per>onally appeared execuled this Affidavit for the pUlJloses slaled therein and lIIal il is lrue and correct the Affiant who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRiBED before me \his _ day of .200_ Notary Public Stale of Florida Al Large Prinled Name of Notary My commission expires: NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me, the undersigned ou\hOf\ly. personally appeared ~t- C. fta.TI~ executed \his Alftda'lil for Ule purposes slaled U1erein and thalli is \rue and correct ~/>~ .r..J t' ~~,) I} Of f\.d" Notary Public State of Flonda Susan P Kay My Commission 00767544 Expires 04/06/2012 ,200[ L1 I!-~ ,: LA"JJ-U ,'IJ...( No\ill:y Pujllic ~ OI2frld;l Allalge .. ~tJ ~/ ,. l..cv4 V Printed Name of Nolary y ,/ My co ission expires: .~ 1:1 ~ .dt? I J- SWOR o ..J"<- Notary Public State of Flonda ;: ~;,V; ~~S~~~~:;lon 00767544 .,.~ Of f\-o" Expires 04106/2012 .;;..V STATE OF FLORIDA ) COUNTY OF MlAMI.DADE) ,....r, Before me, the undersigned au\horlly. personally appeared /; '14- eleculed this Affidavit for the purposes slaled therein and thai it is true and cOlletl SWO y --P AFFIA 200r k.<J I ~/ NQlary Pubflc yale ~IO~ AI ~e / ....hJ .LIT! . A- Prinled Name of Notary My commission expires: V - ~ -<ltJ/,;;}- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me, the unoeTsigl1€d aulhority, personally appeared execuled lhls Affidavit for lhe purposes slaled therein and that il is InJe and correct the Affianl. who being Urst by me duly sworn did swear or affum lI1al he/she AFFIANT SWORN TO AND SUBSCRIBED before me \his _ day 01 .200_ Notary Public Slale of Rorida At large Printed Name 01 Nolary My commission expires: STATE OF flORIDA I COUNTY OF MlAMI.DADE) Before me, the undeTsigned authOlity. per1ionatl~ appeamd elecuted this Affidavit for the purposes stated thElfein and that il is true and correct the Affianl, who being first by me duly sworn, did swear or affirm fual he/she AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of .200_ Notary Public Stale of Florida Al Large Printed Name of Nolary My commlssion elpircs: NOTARIZATION PROVISION s !.~ . Batty Llerena 'Q,.~..Q My Commission 00524988 , -"'0' ~"" <1 Expires 03105/201(\ ~ . -." ~'-- -_._._-~-'-"""'~~ STATE OF FLORIDA ) COUNlY OF MlAMI.DADE) Before me, lIle undersigned au\llority. per.;onally appeall!lftt \C.nlJot. f execoted lhis Affidavit for Ihe purposes slated lI1erein and Ilia! K is \roe and correcl eing firsl by me duly sworn, did swear or alfi/llllhal he/she !~, ~or~'I AFfIANT beIo_~Vtt .20~ Notary PuOfic Stale 0fFi0rid2 . i Betty Llerena. I My CommisSion 00524988 . N C)(1)iros 0310512010 t -~-=~~"''''''''' S or alfi!Tlllhal he/she SWORN TO AND SUBSCRIBED Mlole me lIlis 4 day of ;,:\.-;::;t~'~~~>, A r~ a fJ ~ Ze i 9 ief o:g/';j}, ":t~ r~ommisr:;jon tt " ~~(;;~ \tmr l<:r:::;-~ <, 'r C t~ ~14'":';, 77, ".''\.'': '_'>'~~~~.f!~ c.r~l~e~ _-<,_;;>y(_~~'t", ." -." '~~::~.N:n~tt:--... f~;.i'~~':~ '~'r~'y F:)w, .In<:;llt.,nC(l \;,,(" t-..:>crl~ze ~ STATE OF FLORIDA ) COUNlY OF MIAMI.DADE) Before me, lhe undersigned authority. pelSOnaHy appeared execuled this Affidavil for the PUrpOSIlS staled thl!l'ein and lIla! i\ is \roe and collect llle Affianl who being firs! by me duly swom. did swear or afnlTllll1al heJshe AFFIANT SWORN TO AND SUBSCRIBED before me !his _ day 01 .200_ Notary Public Slate of Florida At talge Printed Name of NOla!)' My commissit>ll expires: ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, TB Isle Resort, LP, through Applications No. 01-REZ-08 and 02-REZ-08, has made application to amend the Official Zoning Map of the City for two parcels of land located on West Country Club Drive totaling 2.69 acres, legally described in Exhibit "A" to this Ordinance, from B2, Community Business District to ROS, Recreation Open Space and to amend the Official Zoning Map of the City for two parcels of land located on West Country Club Drive totaling 2.69 acres, legally described in Exhibit "B" to this Ordinance, from ROS, Recreation Open Space to B2, Ordinance No. 2009- Page 2 Community Business District, to facilitate redevelopment of the Turnberry Isle resort; and WHEREAS, the City Commission concurrently with this rezoning application has considered small scale Comprehensive Plan amendments to change the future land use designation of the parcels from Business and Office to Parks and Recreation and from Parks and Recreation to Business and Office respectively (02-CPA-08 and 03- CPA-08); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezonings are consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has determined that the proposed rezonings are consistent with the intent of the original development plan for the properties and that all public conditions and restrictions have been satisfied; and WHEREAS, the City Commission has reviewed the applications for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the actions set forth in this Ordinance are consistent with the Comprehensive Plan, as proposed to be amended; and the health, safety and welfare of the City. Ordinance No. 2009- Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. That the foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two parcels of land located on West Country Club Drive totaling 2.69 acres with legal description described in Exhibit "A" to this Ordinance from B2, Community Business District to ROS, Recreation Open Space. Section 3. Official Zonina Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two parcels of land located on West Country Club Drive totaling 2.69 acres with legal description described in Exhibit "B" to this Ordinance from ROS, Recreation Open Space to B2, Community Business District. Section 4. Restrictions for Biscavne Villaae Amended. That the "Third Amendment to Restrictions", attached as Exhibit "C" to this Ordinance and relating to the golf course and country club Restrictions dated February 12, 1969 recorded in the Public Records for Miami-Dade County in Official Records Book 6889, Page 4, with revision on July 17, 1972 recorded in the Public Records for Miami-Dade County in Official Records Book 8198, Page 259; further revision on December 20, 1988 recorded in the Public Records for Miami-Dade County in Official Records Book 14012, Page Ordinance No. 2009- Page 4 616, is hereby approved to reflect the amended legal description of the parcels resulting from the rezonings approved by this Ordinance and to restate the public conditions and restrictions. Section 5. Acceptance of Declaration of Restrictions for Site Improvements Proffer by Applicant. That the site improvements proffered by the applicant on the southerly parcels legally described in Exhibit "8" and contained in the Declaration of Restrictions attached as Exhibit "0" to this Ordinance are hereby accepted. Section 6. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 8. Effective Date. That this Ordinance shall be effective immediately upon the effective date of the small scale amendments to the Comprehensive Plan (02- CPA-OS and 03-CPA-OS) . Ordinance No. 2009- Page 5 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb PASSED on first reading this 5th day of May, 2009. Ordinance No. 2009- Page 6 PASSED AND ADOPTED on second reading this 2nd day of June, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: KhYl CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of June, 2009. CITY CLERK EXH IBIT A LEGAL DESCRIPTION: A portion of Tracts A-10 and B-10, AVENTURA TENTH ADDITION, according to the plat thereat, as recorded in Plat Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the most Westerly Northwest corner of said Tract A-10, the following three (3) courses being along the exterior boundary of said Tract A-10, 1) thence N 89'19'28" E for 74.76 teet; 2) thence N 20'40' 37" E for 91.48 feet to a point of curvature; 3) thence Northeasterly and Southeasterly along a 120.00 foot radius "urve leading to the right through a central angle of 138'25'38" for an arc distance of 289.92 feet to a non-tangent point, the following four (4) courses being along the exterior boundary of said Tract B-10; 1) thence N 69'06'15" E for 18.00 feet; 2) thence S 47'08'16" E for 193.28 teet; 3) thence S 69'22'04" E for 60.00 feet to a point of curvature;' 4) thence Southeasterly along a 400.00 foot radius curve leading to the right through a central angle of 17'56'41" for an arc distance of 125.28 feet to 0 non-tangent po,nt; thence S 57'28'02" W for 83.50 feet; thence N 41'14'20" W for 87.05 feet; thence N 50'29'30" E for 0.30 feet to a point on a circular curve concave to the Southwest and whose radius point bears S86'59'06"W; thence Northwesterly along a 43.43 foot radius curve leading to the left through a central angle of 76' 34'58" for an arc distance of 58.05 feet to a nan-tangent point; thence S 48'04'50" W far 0.37 feet; thence N 41'22'59" W for 27.49 feet, thence S 48'35'33" W for 10.09 feet; thence N 41'27'47" W for 28,74 feet; thence S 48'38'02" W for 23.57 feet; thence N 41'11'14" W for 31.03 feet; thence N 87'02'24" W for 13.93 feet; thence S 48'32'04" W for 79.44 feet; thence S 06'10'31" W for 6.23 feet; thence S 72'05'05" W for 26.41 feet to 0 point on a circular curve concave to the Northwest and whose radius point bears S77'22'35"W; thence Southeasterly, Southwesterly and Northwesterly along a 77.86 foot radius curve leading to the right through a centrol angle of 178'55'58" for on arc distance of 243.15 feet to a non-tangent point; thence S 87'31'08" W for 28.18 feet; thence N 40'50'17" W for 36.67 feet; thence S 87'22'02" W for 27.30 feet; thence S 42'22'03" W for 16.97 feet; thence S 02'37'55" E for 47.13 feet; thence S 87'30'53" W for 61.56 feet to a point on the Westerly line of said Tract A-10, also being the Easterly right of way line of West Country Club Drive, thence N 02'40'32" W along said Westerly line of Tract A-10 and Easterly right of way line of West Country Club Drive for 155.58 feet to the Point of Beginning. AND Commence at said most Westerly Northwest corner of Tract A-10; thence S 02'40'32" E along said Westerly line of Tracts A-10 and B-10, and Easterly right of way line of West Country Club Drive for 837.96 feet; thence N 87'26'47" E for 200.46 feet to the Paint of Beginning; thence continue N 87'26'47" E for 63.18 feet; thence N 42'26'47" E for 16.77 feet; thence N 02'33'13" W for 33.67 feet; thence N 87'26'47" E for 120,69 feet; thence S 02'33' 13" E for 42.01 feet; thence S 87'26'47" W for 41.45 feet; thence S 02'33'13" E for 39.61 feet; thence N 87'26'47" E for 62.28 feet; thence S 02'33'13" E for 24.13 feet, the following six (6) courses being along the exterior boundary of said Tract 8-10; 1) thence S 87'26'47" W for 15.34 feet; 2) thence S 02'33'13" E for 34.14 feet; 3) thence S 87'26'47" W for 132.42 feet; 4) thence N 02'33'13" W for 74.14 feet; 5) thence N 47'42'35" W far 19.88 feet to a point on a circular curve concave to the Southeast and whose radius point bears S29'22'29"E; 6) thence Southwesterly along a 120.00 toot radius curve leading to the left through a centrol angle of 38'07'22" for an arc distance of 79.84 feet to a non-tangent point; thence N 02'40'32" W for 62.46 feet to the Point of Beginning. Drawn By Cad. No. MAP 081267 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORlDA CERTIFICATE OF AUTHORlZATIONNUMBER, 00003653 180 Northeast 168th. Street /North Mianli Beach. Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / En"1ail fls@flssurvey.com Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO,1008-109-18 Sheet 1 of 4 Ref. Dwg. 2007-034 Plotted: 10/22/08 9,340 EXHIBIT A SURVEYOR'S NOTES: - This site lies In Section 3, Township 52 South, Ronge 42 Eost ond Section 34, Township 51 South, Range 42 East, City of Aventura, Miomi-Dade County, Florida. - Beorings hereon ore referred to on assumed volue of S 02'40'32" E for the Easterly right of way line of West Country Club Drive - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - This is not 0 "Boundory Survey" but only 0 graphic depiction of the description shown hereon. - Lands shown hereon containing 117,167 square feet, or 2.69 acres, more or less. - Dimensions shown hereon ore based on Fortin. Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" wos mode under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professionol Surveyors and Mappers in Chapter 61 G 17-6, Florida Administrative Code, pursuant to Section 472.027, Florido Statutes. "Not valid wilhout the signature and the original raised seal of a Flonda Licensed Surveyor and Mapper" FORTIN, lEAVY, SKilES, INC., lB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By Cad. No. Ref. Dwg. MAP 081267 2007-034 ( SURVEYOR NOTES AND CERT/FICA T/ON I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg, NO.1008-109-1 B Sheet 2 of 4 Plotted: 10/22/08 9:340 FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZA nON NUMBER, 00003653 180 N-ortheast 168th. Street / North Miami Beach. Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / En.ail fls@f1ssurvey.conl. A= 138025'38" R=120,OO' L=289,92' EXHIBIT A <.'J I "00' J LL Z \ >-~ Oz .> I 3",~ ~Z I logw I ~(3 ~~~ Ow OJ \ ~;.5 l/o..L1a:l -.J j - EXTERIOR BOUNDARY LINE OF TRACT A-10 I ['-MOST WESTERLY N W CORNE~ --- ---- \ ~ ~ OF ;i-: ---- --- () ...J v. L21 ("'0 \\~dJ \~ L19 ~~ ...J ~ ~ L24 j 00 1-- I 0.. () I \ '<.01 ~I (J) 1Vl'.1:STERLY LINE OF TRACTS A-l0 & B-l0 AND EASTERLY RIGHT OF WAY LINE OF WEST COUNTRY CLUB DRIVE TRACT A-10 TRACT U \.,3 EXTERIOR BOUNDARY LINE OF TRACT B-l0 AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 .---- ( FIFTH ADDITION BISCA YNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 (7 A; 76034'5B" R;43.43' L;5B,05' RB;S86059'06"W A;1 ]056'41" R;40000' L;125.2B' L 15 0 ( -:v" (" " '" "to 17 ,,'\( '" "'''0 ",c>, ",CO I..s "- ~ -J \..'1'<'> <::. "- "- '\ \ \ \ \ \ \ \ ~ \..'0 - A;178055'58" R;77.86' L;243,15' RB;S77022'35"W LINE TABLE LENGTH 74.76 91.48 18.00 193.28 60.00 B3.50 B7.05 0.30 0.37 27A9 10.09 28.74 23.57 31.03 13.93 79." 6.23 26.41 28.18 36.67 LINE TABLE LENGTH 27.30 16.97 47.13 61.56 155.58 63.18 16.77 33.67 120.69 42.01 41A5 39.61 62.28 24.13 15.34 34.14 132A2 74.14 19.88 62.46 LINE BEARING NB9'19'2B"E N20'40' 37"E N69'06'15"E S47'08'16"E S69'22'04"E S57'28'02"W N41"14'20"W N50'29' 30"E S4B'04'50"W N41'22'59"W S48'35'33"W N41'27'47"W S4B'38'02"W N4t"11'14"W N87'02'24"W S48'32'04"W S06'l 0' 31 "w S72'05'05"W S87'31'08"W N40'50'17"W LINE L21 L22 L23 L24 L25 L26 L27 L28 L29 UO Ul U2 U3 U4 U5 U6 U7 L38 L39 L40 BEARING S87'22'02'W S42'22'03"W S02'37'55"E S87'30'53'W N02'40'32"W N87'26'47"E N42'26'47"E N02'33'13"W N87'26'47"E S02'33'13"E S87'26'47"W 502'33'13"E N87'26' 47"E S02'33'13"E S87'26' 4 7" W S02'33'13"E S87'26'47"W N02'33'l3"W N47'42'35'W N02'40'32"W L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 U9 L20 \ I I I I I I I ;-wI N ~\ ~\ \ If)l CO I ::J I I A=38007'22" ..J \ ;:- R=120,OO' () ~ <{ I L= 79,84' ~~ __ ~ RB;S29022'29"E ~ ~ ~ I ~ ~___ri81]~1'1_~ ~-~$ ~ ~ \ g I POIN~O~~...--/ ~V $Q <;>.9 ::l;' ~ \ BEGINNING :J 8 I \ ~ L37 \ il / ~EXTERIOR BOUNDARY LINE I- ~ / OF TRACT B-IO ill \ ~~~ I I TRACT U S \ oow >- <( I / FIFTH ADDITION I ~ ~ BISCAYNE YACHT AND COUNTRY CLUB * ~ I / PLAT BOOK 99 PAGE 20 1c1! \ ~3 ZU ::;>- "'''' w>-- >--z z=> wo Uu SOUTH LINE OF SECTION 34-51-42 NORTH LINE OFSECTlON 3-52-42 I I I I ) / / / / ( '\ '\ '\ '\ '\ '\ > / '\ // 'v AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 >-- ~ R r A c r 8 - 10 UJ > r:r o TURNBERRY ISLE RESORT & COUNTRY CLUB PARCEL FORTIN, LEAVY, SKILES, SKETCH #2007,034 GRAPHlC SCALE (1) 60 I 120 I 2<0 I ( IN FEET ) I inch = 120 ft. r I Date 110/21/08 Scale 1"=1210' Job. No. 1081267 Dwg. No. 1 10108- 1 09-18 Sheet 3 of 4 Drawn By Cad. No. SKETCH OF DESCRIPTION MAP 1081267 210107 -1034 FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653 180 Northeast 168th. Street /North Miami Beach, Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 I En'lail fls@flssurvey.com Ref. Dwg, Plotted: 10/22/08 9:340 Drawn By Cad. No. Ref, Dwg, Plotted: MAP 081267 2007 -034 10/22/08 9:340 EXHIBIT A EXHIBIT A ",rzQ , \\,,\:.\I 'OOv '\'Jrz'" ",\1(1"< w > cr: o aJ :::J ....J U >-- cr: f- Z :::J o U TURNBERRY ISLE RESORT & COUNTRY CLUB TURNBERRY ISLE RESORT & COUNTRY CLU B GOLF COURSE f- If) w 3: EXHIBIT A AVENTURA MALL S 1'-1 ;, (/? 0-1(J 1\;0 ( &S6' \'-\c Q FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZA nON NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach. Florida. 33162 Phone: 305-653-4493 I Fax 305-651-7152 / Et"l")ail fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job. No. 081267 Dwg. NO,1008-109-1 B Sheet 4 of 4 LOCA T/ON SKETCH EXHIBIT I! LEGAL DESCRIPTION: A portion of Tract U, F1fl'H ADDITION BISCAYNE YACHT AND COUNTRY CLUB, according to the plot thereof, os recorded In Plot Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, and be,ng more particularly described os follows: Commence at the Southwest corner of Tract B-10, AVENTURA TENTH ADDITION, according to the plat thereof, as recorded in Plot Book 136 at Page 92 of the Public Records of Miami-Dade County, Florida; thence N 02'410'32" W along the Westerly line of said Tract B-10, also being the Easterly nght of way line of West Country Club Drive for 223.65 feet; thence N 87"19'28" E for 201045 feet to the Point of Beginning; thence S 102'40'32" E for 147.73 feet; thence S 69'21 '103" W for 52.68 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51'11"W, the following three (3) courses being along the extenor boundary of said Tract B-10; 1) thence Northeasterly along 0 170.00 foot radius curve leading to the left through 0 central angle of 12'54'24" for on arc distance of 38.29 feet to a point of tangency; 2) thence N 12'14'25" E for 112.01 feet to 0 point of curvature; 3) thence Northeasterly along 0 1210.1010 foot radius curve leading to the right through 0 central angle of 10'15'44" for an arc distance of 2149 feet to the Point of Beginning. AND Commence at said Southwest corner of Tract B-10; thence S 102' 40' 32" E along the Westerly line of Tract C-10 of said AVENTURA TENTH ADDITJON, and said Easterly right of way line of West Country Club Drive for 310.99 feet to the Point of Beginning, also being the Northwest corner of said Tract U, the following three (3) courses being aiong the exterior boundary of said Tract U; 1) thence S 02'40'32" E for 36.100 feet to 0 point of curvature; 2) thence Southeasterly along 0 4510.66 foot radius curve leading to the left through 0 central angle of 6'18'510" for on arc distance of 497.107 feet to the Northwest corner of Tract HH of said Flfl'H ADDITION BISCAYNE YACHT AND COUNTRY CLUB; 3) thence N 81'1010'39" E along the North line of said Tract HH for 21144 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N81'01O'38"E; thence Northwesterly along 0 4299.22 foot radius curve leading to the right through 0 central angle of 3'48' 14" for on ore distance of 28543 feet to 0 non-tangent point; thence N 28'44'49" W for 43.73 feet; thence N 03'210'32" W for 24.105 feet; thence N 21'07'43" E for 71.73 feet to 0 point on 0 circular curve concave to the Northeast and whose radius point bears N86'31 '53"E; thence Northwesterly along 0 4286.18 foot radius curve leading to the nght through a central angle of 0'59'39" for on arc distance of 74.37 feet to 0 non-tangent point; thence S 87"27'34" W for 35.71 feet; thence N 45'59'34" W for 61.79 feet; thence N 100'35'40" E for 66,67 feet to 0 point on 0 circular curve concave to the Northwest and whose radius point bears N64'51'11''W, also being a point an the exterior boundary of said Tract U; thence Southwesterly along said exterior boundary of Tract U, also being along 0 170.00 foot radius curve leading to the right through 0 central angle of 62'10'39" for an arc distance of 18448 feet to the Point of Beginning. ~~ 2007-034 r LEGAL DESCRIPTION I FORTIN, LEAVY, SKILES, INe, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street I North Miami Beach, Florida. 33] 62 Phone: 305-6:'53-4493 I Fax 305.651-7152 / En"lail fls@.f1ssurvey.com Date 10/21/08 Scale NOT TO SCALE Job. No 081267 Dwg NO.1008-109-2BR Sheet 1 of 4 Drawn By Cad. No. Ref Dwg. MAP 081267-1 Plotted: 10/22/08 9:340 EXHIBITB SURVEYOR'S NOTES: - This site hesln Seclion 3, Township 52 South, Range 42 East, City of Aventuro, Miami-Dade County, Florida - Bearings hereon ore referred to on assumed value of S 02'40'32" E for the Easterly right of way line of West Country Club Drive. - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - Easements per said Plat Book 99 at Page 20 not shown as requested - This IS not 0 "Boundary Survey" but only 0 graphiC depiction of the description shown hereon. - Lands shown hereon contoin,ng 117,171 square feet, or 2.69 acres, more or less. - Dimensions shown hereon are bosed on Fortin, Leavy, Skiles, sketch #2007-034. SURVEYOR'S CERTIFICATION: ] hereby certify that this "Sketch of Description" was made under my responsible charge on October 21, 2008, and meets the Minimum Technical Standards as set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61 G 17-6, Florida Administrative Code, pursuant to Section 472027, Florida Statutes "Not valid wilhout the Signature and the original raised seal 01 a Florida Licen u eyor and Mapper" ::~:~:._,~E~3__ Surveyor and Mapper, LS2853 State of Florida. Ref. Dwg 2007 -034 r SURVEYOR NOTES AND CERTlF/CA TlON FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORlZATIONNUMBER: 00003653 180 Nonheast. 168m. Street I North Miami Beach, Florida. 33162 Phone~ 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job. No. 0081267 Dwg No 1008-109-2BR Sheet 2 of 4 Drawn By Cad. No. MAP 081267-1 Plotted: 10/22/08 9:340 EXHIBIT~ I \ \ I POINTOF~ BEGINNIN~ "c;' ~ * _ _N~'!1'~"s.. _ .-?O.Q42 - - A=10015'44" \ R=120.00' L=21,49' \ EXT!:RIOR 80UNDARY LINE Of TRACTS B-10 AND TRACT U \ \ \ \ \ \ I \ \ \ \ \ \ \ I IUJ IS \ () Drawn By Cad No. 081267-1 Ref Dwg 2007-034 Plolted: 10/22/08 9;340 73.00' RIGHT OF W~Y TRACT [8. --lIQ PLAT BOOK 99 0 U'Y I,e) I ~ ~\ 115 t<) ~3 '~l I TRACT C-10 !I'WNr{~1 l_~"'ooo"'oe,"'" s::, - A=62C10'39" rh~ n m R=170.00' :;:::' 210m :5 L=184,48' >: ~~ ~In RB=N64C51'11"W <! l:5~ 3 ~i3 U- ~: o ~~ ~ ~ \\~~ t- S2 " Z as ::J~ o \ o UJ > - a: o co ::J ....J o I- 00 nOO' RIGHI OF WA '( Pl'" T 800K 99 PAGE 20 \ \ \ \ \ MAP AVENTURA TENTH ADDITION PLAT BOOK 136 PAGE 92 GRAPHIC SCALE 40 80 I I IN FEET ) 1 inch = 80 It 160 I POINT OF COMMENCEMENT S.W. CORNER OF 11"CT 8-10 A= 12054'24" R=170.00' L=3829' RB=N64051'11 "W ...J FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB PLAT BOOK 99 PAGE 20 ~ -..j 7300' RIGHI OF WA'< PLAT BOOK 99 PAGE 20 r 50U~ LINE OF' TRACT U SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC, CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NU1v1BER: 00003653 180 Northeast 168m. So.-eet / North Miar.ni Beach. Florida. 33162 Phone: 305~653-4493 I Fax 305-651-7152 / Email fls@t1ssurvey.com A=0059'39" R=4286,18' L=74.3T RB=N86031'S3"E LINE TABLE L1NE lENG'fH BEARING l1 147.73 502'40'32"E L2 52.68 569'21 '03"W l3 112.01 N12'14'25'E l4 36.00 502'40'32"( l5 21l.4 N81'OO'39'E l6 43.73 N2S'44' 49~W l7 24.05 N03'20' 32"W L8 7173 N21'07'43"E 19 3S.71 S8T27'34"W L10 61.79 N45'S9',34"W l11 66.67 NOO'35'40"( A=3048'14" R=4299,22' L=285.43' RB=N81000'38"E NORTH LINE OF TRACT HH PL"'T 800K 99 PAGE 20 ~~ I Date 10/21/08 Scale 1 "=80' Job. No. 081267 Dwg. No. 1008-109 - 2BR Sheet 3 of 4 Drawn By Cad. No. Ref. Dwg Plotted: p.,'i<5) "\,,C-.1 \301.! \-\\us,p., p.,'\JC AVENTURA MALL Sj -11'(' 0'0-10 11,;0 &S6' MAP 081267-1 ( LOCA nON SKETCH EXHIBIT ~ Nt:. TURNBERRY ISLE RESORT & COUNTRY CLUB GOLF COURSE EXHIBIT ~ I ~ 2007-034 FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Strec't I North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Ernail fls@flssurvey.com I Date 10/21/08 Scale NOT TO SCALE Job. No 081267 Dwg. No. 1008-109- 2BR 10/22/08 9:340 wi > ex: o CD ::J -' o >- ex: I- Z ::J o o Q Sheet 4 of 4 ~ J: :;) I- :!: z - M W .... > ~ ~ <( LL. r:: 0 0 ~ :;:: U (3 CD en a) c: 0 N a) Q3 Ol E .... 11l c: 11l a) n. ,Q z III C C. C 'E 0 'C a) :u u ,~ > III -0 a) a) <3 <( en 0 .... .... 0 0 .... .... ,... ,... 0 0 0 t.ri 3: N N M M .... ellS M M X CIO CIO M m .... a) .D E i....: ::J a) Z a) .D 0- E c: >. 0 I- ::J 'E 0 z a) Qj -0 III .!:::! (5 <( .E: en () e en 0 0 ,0 N - ..... N e N - "ll:t W 0 ~ Q) .-.- .... ~ n:s C .-.- s:: ~ 0 .- .... n:s <;w CJ .- ...J:::. - .c re) ~ a.. THE MIAMI HERALD I MlilmlHl:'filld.mrn THE KOREAN PENINSULA 22 lninutes of tense dialogue c '" c o " ,., <: .. '" .. o e- ::I Cl. ! (; - '5 ii )( '" ~ it ,., <: .. .E (; ,,; :.< (; it '" ~ .. > ';: '" -0 '" 1;; ! " '0 <: ,., .. E ::I o >- -ci '" 1;; " :;; .E '" Ol .. Cl. -0 <: .. '" 1;; -0 .. .s <: o -0 E .. :J: 'E .. ~ .. J: I- .E -0 ! .. .. Cl. Cl. .. -0 .. .. .s - .. .s .. " <: .. -0 os: .. .. > 0; ::I fj <: o " .. .. -0 .. -0 'S: o a .!! g -; .. J: 11} W .. :E I- ""! South Korea demanded that the North free a detained worker, but it meeting ground to a halt. SEOUL. South Korea - (API - North Korea rciuscd Tuc.sd.1Y to release a seized South Korcan worker durin~ lense talk.. with Seoul oflj- t::iah. undcrlinin~ Ih~ soured nature of relation~ between the two rival countries. The meeting had been billed -as 3. majN step - the lirst p;overnment.to-govern- ment dialogue sillt."e conser- vative South Kore:m Pre-si- dent l.ee Myung-bak took oftice last year with a vow to gel tough on North Korea over its nudear ambition.... But the talks - which 13!11ed iust Z2 minutes - only started aftt.'J' a IuD day oibick- cring over how it should be L"tlOductcd. Sou1h Kore3n offi- cial!". spent more than U hours in the North OC-IOI't! the (ormal meeting started. The North seiud the South Korean worker 13st month (or allegedly denounc- ing its political system. lIis detention cam(~ mold already launch. (raying tics between the two Russia will dispatch its top Korc~as, and as the North is diplomat to the North this also boldiOji!; two U.S. journal- week. and he is expected to ists it seized last month and try 10 persu<1de the regime to has yowed 10 put on trial reverse IMt decision. FOfelpi Pyongyang rejected Minislcr Sergey Lavrov will s.:oul's dCmilnd to (ree the bt.' in Pyongyang on Thursday worker durinJ!: the talks at the ilnd Friday. his ministry Kacsong Industrial Complex announced. just .1cross the border in The South Korean stilte. North Korea. a statement ment also said North Kor,ea irom the South Korean presi- will reconsider preferential dent's office said Tuesday. trcal:ment - such as (ree 1.1nd "We made it clear that our and cheap wages paid 10 government will react North Kore3n workers - it slrongly unless the North side givt-'S to South Korea at the immediately release~ the complex_ detainee.'" the statement s:lid. North Korea has mosllf "All responsibility {or the (01- refused 10 deal with South lowing situation !it."!I with the Korea under Lee, though the North." two states have cnnducted North Korean state media military talks and met on the were silent on the outcome o( siddines of six-nation nuclear thel.1lks. nt.-gotiation:s.. The meeting came amid Putting additional $train rising tensions over Pyong- on the meeting W3!\ North y;tnt;'s moves to pull out of Korea's recent warning that si:t-nation negotiations aimed the South nol join a U.S.-led at ridding it of alomic weap-- program 10 slop the spread 0'- ons ..nd restart its nuclear weaponso(massdestruction. progr.1m following U_N. Secu- which Pyongyang ~aY5 it rity Council condeJlUl,,'1tion of would consider a declaration the North's AprilS rocket oi w:n. ~. ~"'''~:;..' CITY OF AVEflTURA NOncE OF HEARING OF LOCAL ~NG AGENCY AND N011CE OF AMENDMENTS OF COMPREHENSNE PLAN AND N011CE OF AMENDMENTS TO OFFICIAL ZONING MAP Public Nolk::e Is hereby given that the City of Aventura Local PtanninQ Agency win meet in a public hearing on Tuesday. May S. 2009 at 6:00 p.m. to review and mcommend adOption of the following Orclinances to the City Commission: AN ORDINANCE OF THE CITY Of AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR TWO PARCELS Of LAND LOCATED ON WEST COUNTRY CLUB DRlVE CONTAINING A TOTAL OF 2.8Il ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE OESlGNAnoN FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL Of 2.89 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "8" FROM PARKS AND RECREATION TO BUSINESS AND OffiCE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES, PROVIDING FOR SEVERABIUTV; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN: AND PROVIDING FOR AN EFFECTIVE DATE. (see map below for property location) AND AN ORDINANCE OF THE CITY OF AVENnJRAo FLORIDA. AMENDING THE OffiCIAL ZONING MAP OF THE CITY OF AVENnJRA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2,69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIIlIT "A", FROM B2, COMMUNITY BUSINESS DISTRICT TO ROS. RECREATION OPEN SPACE AND BY AMENDING THE ZONING DESIGNAnoN FOR TWO PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 'B". FROM ROS, RECREATION OPEN SPACE TO B2, COMMUNITY BUSINESS DISTRIC'T; APPROVING THE THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE DECLARATION OF RESTRICTIONS CONTAINING THE APPUCANT'S PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS ON THE PARCEL DESCRIBED IN EXHIBIT "B", PROVIDING FOR SEVERAB1UTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. (see map below for property location) - BIOTO..... .",,,'" Immediately following the Local Planning Agency meeting. the City Commission of 1he City of Aventura. as the governing body, will consider on fll"st reading at a public hearing the Amendments to the Comprehensive Plan and the Amendments to the OffICial Zoning Map Ordinances described above and will again consider the above described Qrdlnances for adoption after second reading on Tuesday, June 2,. 2009 at 6:00 p.m. The above described Public H&arings wilt all be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive. Aventura, Florida. 33180. The proposed Ordlnances may be inspected by the publiC at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinances. In accordance with the Americans with Disabiltties Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that dJsabirrty should contact the Office of the City Clerk, (305) 466--8901. not later than two business days prior to such proceedings_ If a person decides to appeal any decision made by the City Commission wUh respect to aI'fj matter considered at a meeting or hearing, that person will need a record of the proceedings and. for such purpose.. may need to ensure that: a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appear is 10 be based. WORLD W[DN[SDAY. APRil 22. 2009 I 13A A' FREE CRmS 0 STORYBOOK [H IRHTERS TARGE~ BlG BOOK GIVEAWAY BR(WARD (\'N;~t rh'ld ' ~ift"~J I ren s ,$ BookFest - '. "fNeE UPON A TIME" HolIY'~ Branch Libr-dI)'.llollywood. 9H-926-2~30 Northwest Re!(ional Ubrary. Coral Sprin!(s. 954- 341- 3900 Saturday, Apri125 . 10:>0 a.m. to 4:30 p,m. __ r:s,~ n _, fill ~ .....,-,.:..."..__." ,.,.., '-:", i'."..lh,,<:"t.~ Performances vary hy 1(X'ati()n~ hut may include: . LIITIl'US stM\"Icllns: IlJ\'KI (;\m::-.lk.: n~'nn,1 \\',l"hinIlLI'1l .md Kim Ri\,(rs . ;-> . \1ultilultur;ilmu;11.- hy ,l\\"~InJ-\\inlling .\nll;l \1.11.1 . ClIllk-l'clh.-\ ffeldwa( filln' Ttlk.lw Lmu"y '1Ih..tLcr Llltfll"\ . I"'~l' 'I-umer \d\t'l1tul"\.S' suge sl1\)\\- The (~m" P'~lICl/l'CSI . \J.lgKJJn Bn..m Cn'h\\ry''i \bgll n\ Re.llhng "hm\" .1.nmm...v1l MnolJligtu Tall'S: Sl{lr)"tdlill~ 1'lIdl'r Un' Slars Saturday-April 2...;;.710 HI p.ln. . Main I ,ihra'1 Pla7.3. Ft l.audil'fllalC .'itOl}'rdUI/.l!. ;\Jl 't jll.\lloJ" kid.\! /lrilli-: ,fw U"holt',/omih to 1I IIuIXioJt ('I'CII;1Ig f~1 t11luit. a"dj,m,- of flU" IWW\10r\ulln.\ IInd('rIJII." ,\101:\. Childrcn'~ R..oadin~ h'Sli\'al at the Afrk.Ul~Ameri(,"dn R~n;h l.illfOIl). and Cul1und Center SPOIIVJlt>tl hy "t4w SiJ,:lJ/o '/JW!d Somrfr;.: 11Ie. Salnrda}'. ..\(lnI2S . 10:.10 3.In. In 4 p.m. . lJI5-4..fI25-lXlJ Slnrytdh:n.. Culi,.. kilk". An.1 !\Infl. C~j~~ ~ ;:hc1H".."ll""l~tD I! =:I!\OY familYlFE ~ l tntlllfo ~))--t ,"- "~4, III '\' hIli \ Udlll': I1hr \l Lhfl\I):lt'll ~ Please join Brooks Brothers for :>:' a Special Beneht Event .. GOLDEN FLEECE FOUNDATION'" ^ BROOKS BROTHERS CHARITY in support of The Make-A-Wish Foundation@ Thursday, April 23 & Friday, April 24. 2009 E' '125%" nJoy a speCla savlOgs on your cmirc purch.l~ when }.O\.I use either the lhooks I\rothet~ P!;uinum MastcrCardj) or The Brooks Card~ E' 15% , . nJoy savmgs when using OIhcr forms of p:aymcnr .11 all Ilrooks Brothers srorcs, unline at IlrooksBrorhcrs.com or by phone- af 800.274.1815. #z15" "'." ; ~-~~. -, ~'-' (~' ..> (,~ij .' - rook j"o;hcr.J/ RkonK~1I110nHII~l.n~t OHIOllH 1"1' Shop our MEN'S. WOMEN'S & BOYS' collcclion\. Avail;.lbJc al RETAIL & FACTORY stores. ONLINE and by PHONE, ;!"io..f n~"'I ....b.. will he don;II~'d In ....Cll..lcn H~'CCe Foumb.ion. which ....ppon\ <.;h~f;ti("s like the !"hkc-^-W~h FO\llubtion. For)'OUT\hoppingwr...cnicnc:c....1I U.s. "mob RfOdten,.~~ will fCTn.1in npcn umil ');00 p.m. or l;u:ef l>n April 2.) ;lIld 24 . .~,........ W' 11._ _.. <.~. ^.~~......."~ ..........Iio.~t"..,_ '"" ...,,~, -rho ..........' "'~hf' ""'"..... \l.....f .,,1 ,. .._4'" 0.1 ^~_. ll-.."'v.......".. ",.~...Ior "'l,.",,-..J 1o,,,,~_1 .+_"..'~.... "..",.~.I,.~.Io.. '''.'"'''~ .lll'n~~1 ,,,'.. ~".....,,"~"'" ~..~......."... 1"",..I'o~.....,.,_..... ....,...." ".' .", "" ,-.. ......' _,t.n.l :'. ...., ~."... .ho."4 I>,. ~....~. ~.........n .t.. ,:..lod,~ rlo-<.'~ r~,.J...... ..h, 'c..... 10.......... ""~".......~"'........,. >'""........ """l"~ ,b M.h.,",.r"b I............... "............... 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