HomeMy WebLinkAboutApplication & Supporting Documentsixcoi9 91ATF !!� 10100,
HEARING BOARDS
444 SW 2,a Avenue, 7t" Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miami_qov.com/hearing boards
OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY
Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our
public hearing process. Please feel free to contact us at the number above, should you have any
questions.
The deadline to file the complete application with supporting documents is the first five working days
of each month from 8:00 am until 3:00 am, except on the fifth day. at 12:00 pm. The aoolication
submittal date is the date stamped by Hearing Boards' staff on this page., The responses to this
application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of
the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the
application shall have been completed. All pertinent and accurate information/documentation; i.e., the
plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The
applicant is responsible for the accuracy of the information contained in the application and all
supporting materials. Should you wish, you could bring the materials to our office for review before the
deadline to ensure completeness,
You will be responsible, if needed, to bring an interpreter for the English language to any presentation
before city boards, committees and the city commission. A valid power of attorney will be required if
neither applicant or legal counsel representing the applicant execute the application or desire to make a
presentation before city boards, committees and the city commission. All documents, reports, studies,
exhibits (8 Y2 x11 ") or other materials submitted during this process will be kept as part of the record.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES
THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR
CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK,
PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES
AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF
THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI,
FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from
the City Commission or any of its boards, authorities, agencies, councils or committees regarding any
issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any
consideration provided or committed, directly or on its behalf, for an agreement to support or withhold
objection to the requested approval, relief or action. The Disclosure of Consideration Provided or
Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be
submitted with the application. The applicant must, at the commencement of any public hearing on the
issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must
supplement the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through the
"Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 12-16-08
Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information.
1. Applicant name(s): _FDG Flagler Station II, LLC a Delaware Limited Liability Company
2. Two (2) copies of the Tentative Plat: One (1) 24 x 36" and one (1) 8 %2 x 11" prepared by a
State of Florida registered land surveyor.
3. Two (2) original sketch of surveys: One (1) 24 x 36" and one (1) 8'/2 x 11", prepared by a State
of Florida Registered Land Surveyor showing only the area to be vacated or closed and the
pertinent legal description of the area, within one year from the date of application.
4. Two (2) 11 x17" original and one (1) 8 %2 x 11 copy of the survey of the property prepared by a
State of Florida registered land surveyor within six (6) months from the date of the application.
5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more
than three (3) months elapse before Zoning Board or City Commission approval.
6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation.
7. The subject property(ies) cannot have any open code enforcement/lien violations.
8. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
9. At least two photographs showing the entire property showing land and improvements.
10. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property.
11. A clear and legible copy of the subject property address(es) and legal description(s) on a
separate sheet, labeled as "Exhibit A", to match with the current survey's legal description.
12. Affidavit of Authority to Act and the Disclosure of Ownership of all owners and contract
purchasers, if applicable, of the subject property (see pages 5 and 6).
13. Original Disclosure of Consideration Provided or Committed for Agreement to Support or
Withhold Objection Affidavit.
14. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8).
2 Rev. 12-16-08
15. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
16. What is the acreage of the project/property site? ±45.,218 sq. ft.
What is the purpose of this application/nature of proposed use? Corrective Platting of the
Property, corrective vacation of right of way and corrective dedication of right of way.
17. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information. NO
18. Is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3rd Floor for information. NO
19. Cost of processing according to Section 62-156 of the Miami City Code*:
Vacation of public right-of-way: 45,218 sf. x 0. .90 = $40,696.20
a. Original submittal:
1. Per square foot of right-of-way $ .90
2. Minimum $ 1,200.00
b. Re -submittals
1. Per square foot of right-of-way $ .90
2. Minimum $ 1,200.00
3. Maximum $ 1,700.00
Public hearing and public meeting mail notice fees, (325 labels x $7= 2,275.00)
including cost of handling and mailing per notice $ 3.50
TOTAL: $42,971.20
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00,
shall be paid in the form of a certified check, cashier's check, or money order.
Signature (:�/a"-`"" Mailing Address Holland & Knight LLP
In "s Marrer Prie ues 701 Brickell Ave., Suite 3000
Name Attorney for Applicant Miami, FI 33131
Telephone (305) 789-7776 E-mail ines.marrero(a_)hklaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this %1A day of
20-10 , by ZA/ '.S M/ht2R F—k0- P E s
who is a(n) individual/partner/a en /corporation of FSG PlAc i.y -P, SrAT'►onl ?T~ n
individual/partnership/corporation. He/She iters known to me or who has produced
as identificatlon ancTwho did I not) take an oath.
r
"'" SIUBY FLEITES
MY cOMMISSION # DD 85BM
(Stamp) EXPIRES:Apd116,2013 Signature
' � 8onM Th, N. yP. 11 Unde�Nriters 3
Rev. 12-16-08
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Ines Marrero-Priegues,
Esq., , who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public
hearing application as required by the Code of the City of Miami, Florida, affecting the
real property located in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete
permission for him/her to act in his/her behalf for the change or modification of a
classification or regulation of zoning as set out in the foregoing petition, Q including or
❑ not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current
names, mailing addresses, telephone numbers and legal descriptions of the real
property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in
conjunction with this affidavit, are true and correct.
Further Affiant sayeth not.
Ines Marrero-Priegues, Esq.
Attorney for Applicant '
Applicant(s) Name Applica (s) Signatur
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this '71"2t day of
20 /0 , by Q 4Zs Ma. rrero -- Pra'eSu es
who is a(n) individual/partner/agent/corporation of Ft> & P1_A'TL.6/2 S7-.4r/0•J.?Z; Lt C,
a(n) individual/partnership/corporation. He/She is Dersonally known to -me -or who
has produced as identification and who did (did not) take an oath.
(Stamp)SIUSY FI.EITES
Signatur
{y� MY COMMISSION # DO 1358038
EXPIRES: April 16, 2013 4 Rev. 12-16-08
PP iBonded Thru Notary Public UndOwritm
imsysvvwo
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if necessary.
Owner's Name(es) FDG Flagler Station II, LLC a Delaware Limited Liability Company
Percentage of Ownership 100%
Subject Property Address(es) Right of Way abutting properties enumerated below
2. List all street address(es) and legal description(s) of any property located within 500 feet
of the subject property owned by any and all parties listed in question #1 above. Please
supply additional lists, if necessary.
Street Address(es):
200 NW 1St Avenue (01-0100-000-0295)
605 NW 1St Avenue (01-0105-070-1040)
535 NW 1St Avenue (01-0106-040-1100)
93 NW 5th Street (01-0106-040-1100)
430 NW 1St Street (01-0107-070-1102)
Ines Marrero-Priegues, Esq.
Attorney for Applicant/Owner
Owner(s) or Attorney Name
Legal Description(s):
Owne s) or Attqihey dignatuf
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this A day of
20 A , by=r_,dws nrrera - r;"M_t8
who is a(n) individual/partner/ t/cor. ration & cb G- FLA6i-OA ETATIOCJZTLLC
a(n) individual/partnership/corporation. He/She is personally known to me or who
has produced as identification and who did (did not) take an oath.
(Stamp) Signatu e
SIUBY FLEITES
* �r MY COMMISSION # DD 858036
EXPIRES: April 16,2013Bonded Thru Notary Public Underwriters
5 Rev. 12-16-08
Disclosure of Interest of
FDG Flagler Station II, LLC a Delaware Limited Liability Company
FDG Flagler Station II, LLC
2855 Le Jeune Road, Suite 400
Coral Gables, Florida 33134
FDG Flagler Station II LLC is 100% percent owned by funds managed by Fortress Investment
Group, LLC through the entities set forth on the attached structure and indirectly owned by the
funds managed by Fortress Investment Group, LLC.
Fortress Investment Group LLC
1345 Avenue of the Americas
New York, NY 10105
Fortress Investment Group LLC (Fortress Investment Group) (NYSE: FIG) is a publicly owned
New York -based alternative asset management firm that manages private equity funds, hedge
funds, real estate funds, and railroad investments.
6 Rev. 12-16-08
—Defa w r PAGE 5
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF ,STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF FORMATION OFDGD4T� 'OWN SIC"
FILED IN THIS OFFICE ON THE TWENTY-THIRD DAY OF NOVEMBER, A.D.
2009, AT 50:06 O'CLOCK A.M.
4756371 8100
091039020
You may verify this certificate on.Lane
at aorp,dela ware. gov/authver, shtml.
Jeffrey W Builock, Secretary of State
AU'THEN C TION: 7657653
DATE: 11-23-09
state of Delaware
secretary of state
Division of Corporations
Delivered 10:27 AM 11/23/2009
FILED 10:06 AM 11/23/2009
SRV 093039020 w 4756371 FZZZ CERTIFICATE OF FORMATION
OF
FDG DOWNI`OWN LLC
This Certificate of Formation of FDG DOWNTOWN LLC (the "Company") is
being executed by the undersigned for the purpose of forming a limited liability company under
the Delaware Limited Liability Company Act:
1. Name. The name of the Company is FDG DOWNTOWN LLC.
2, Re ristered Office and. Agent,, The address of the registered office of the
Company in the State of Delaware is c/o Corporation Service Company, 2711 Centerville Road,
Suite 400, Wilmington, DE 19808. The name of its registered agent at such address is
Corporation Service Company,
IN WIJTIESS WHEREOF, the undersigned has executed this Certificate of
Formation on this 20th day of November, 2009.
FDG DOWNTOWN LLC
By: Isl Kolleen Cobb
Name: Kolleen Cobb
Its: Authorized Representative
WAMI 810738 (2K)
EXHIBIT "A"
SKETCH
1.bora tweed an an aamirmbrt value of t;MlO.01'06'W along the WWbet itis of block 04N of *A.L
i TOWS PLAT OF THE CITY OF MIAMP aeogrdinp b 4tb pkd theroof ss rbeonied k1 Pld Boole B at
Popo 41 In MlamWbde 034*, Florida.
2. Not vaild withatd the *nstwre and the od&W reload sael.of a Ftodda Maemed adrvegor and mapper.
This doft does not represent a land survey.
1
P.B. Plat Book
PM Pop
Radlus AMTS Of CW" G. IleaUmp
wag ,
PORTIONS OF SECTION 37, TOWNSHIP 64 SOUTH, RANGE 41 EAST AND SECTION 87, 7bWNSHIP 58
SOUTH, RANGE 41 EAST IN MIAMIKIA09 COUNTY, FLORIDA, BEING AMORE PA IMCULARLY bLSCtiIm
AS FOLLOM
THAT PORTION OF NORTHWEST 1st AVENUE LOCATED NORTH OF THE NORTH RIGHT=O'-WAY UNE
OF NORTHWEST 0 STREET AND SOUTH OF 714E SOUTH RIGHT-OF-WAY UNE OF NORTHWEST Met
STREET, THAT PORTION OF NORTHWEST oat AVENUE LOCATED NORTH OF THE NORTH
RIGHT-OF-WAY UNE OF NORTHWEST 0 STREET AND A POINT APPROMMATELY 190 PEET SOUTH OF
THE CENTERLINE OF NORTHWEST Bill STREP,: THAT PORTION OF THE NORTHWEET4th STREET
LOCATED WEST OF THE WEST Rt"—OF-WAY LINE OF NORTHWEST 1st AVENUE AND T'A. ST OF THE
METRO RAIL. RIONT-OF-WAY.
I HEREBY CERTIFY: VW ohs LEGAL -AND SKIM of the p Wany deswumd Maroon woes mode Undermy
aupw A*n and that to LEGAL AND SKETCH onto the Minim m imhnkwl awnimb settbrNr by the Florida
board of Pm%mWna) Land Survayars and Mappere In Chapter 01-17, Florida Adm Coda gree b
Sedttort 472,017, Fiottde SlaWtas. And, #mt the oldish hereon Is tate eyed coofbot to to bMd or nV kn Mmoe
and ballot. Su*d b rcbw and notallc r *mm Bonsor►. This skbtdt done not represent a land survey.
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Foreign Limited Liability Company
FDG FLAGLER STATION II LLC
Filing Information
Document Number M07000006831
FEI/EIN Number N/A
Date Filed 11/20/2007
State DE
Status ACTIVE
Principal Address
2855 S. LEJEUNE ROAD
4TH FLOOR
CORAL GABLES FL 33134
Changed 04/23/2008
Mailing Address
2855 S. LEJEUNE ROAD
4TH FLOOR
CORAL GABLES FL 33134
Changed 04/23/2008
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE FL 32301-2525 US
Manager/Member Detail
Name & Address
Title MGRM
FDG MEZZANINE I, LLC
2855 S. LEJEUNE ROAD, 4TH FLOOR
CORAL GABLES FL 33134
Title P
HEVIA, JOSE
2855 S. LEJEUNE ROAD, 4TH FLOOR
CORAL GABLES FL 33134
Title VP
COBB, KOLLEEN
2855 S. LEJEUNE ROAD, 4TH FLOOR
CORAL GABLES FL 33134
Title VP
ABAUNZA,CARLOS
2855 S. LEJEUNE ROAD, 4TH FLOOR
http://www.sunbiz.org/scripts/eordet. exe?action=DETFIL&inq_doc_number=MO70000O6... 2/19/2010
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CORAL GABLES FL 33134
Title VP
RODON, RAFAEL
2855 S. LEJEUNE ROAD, 4TH FLOOR
CORAL CABLES FL 33134
Title VP
SWANSON, ERIC
2855 S. LEJEUNE ROAD, 4TH FLOOR
CORAL GABLES FL 33134
Annual Reports
Report Year Filed Date
2008 04/23/2008
2009 04/08/2009
Document Images
04/08/2009 - ANNUAL REPOT View image In PDF format
04/23/2008 -- ANNUAL REPORT View image In PDF format
11/20/2007 -- Foreign Limited View image in PDF for
Note: This is not official record. See documents if question or conflict,
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Oninio n of Title
To: CITY OF MIAMI, a -municipal corporation
With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA as
to the reversionary rights in connection with the vacation of certain roads more particularly
described on Exhibit "A" attached hereto (the "Vacation Property"). It is hereby certified that
we have examined the complete Abstract of Title or Chicago Title Insurance Company
Commitment No. 3008070$3 completely covering the period from the beginning to March 23,
2010 at 11:00 p.m., inclusive, of the following described real property:
See Exhibit "A" attached hereto and made a part hereof
Basing our opinion solely on said complete abstract covering said period we are of the
opinion that on the last mentioned date, upon the closing, abandoning, vacating and
discontinuing for public use (collectively, the "Vacation") of the Vacation Property, the
reversionary rights to the Vacation Property shall be vested in FDG .Flagler Station 11 LLC, a.
Delaware limited liability company, successor by merger to FDG Downtown LLC,. a Delaware
limited liability company,
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1. All taxes for the year in which this opinion is rendered and subsequent years.
2. Rights of parties in possession other than the above owner.
3. Facts that would be disclosed by an accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority,
SPECIAL EXCEPTIONS:
1. Resolutions Re: Metrorail recorded in Official Records Book 12253., Page 1389; Official
Records Book 12669, Page 3181; Official Records Book 12923,._ Page 2618; Official Records
Book 13021, Page. 751; Official Records Book 13881, Page 99 and in Official Records Book
14202, Page 2632.
2. Memorandum Re: Metromover recorded in Official Records Book 12923, Page 2622.
3. Resolution/City of Miami .Special Assessments recorded in Official Records Book 134 1 .0,
Page 794.
M!A'177, 548,142v2
4. Resolutions Re: Metrorail recorded in Official Records Book 17785, Page 4160; Official
Records Book 16851, Page 627; Official Records Book 17326, Page 3982; Official Records
Book 17326, Page 2605; Official Records Book 16872, Page 1634;. Official Records Book
14646, Page 2513; Official Records Book 14646, Page 2358; Official Records Book 15.168, Page
1887; Official Records Book 15158, Page 2413; Official Records Book 15615, Page 1.652;
Official Records Book 15615, Page 986; Official Records Book 16037, Page '1; Official Records
Book 16035, Page 3996 and Official Records Book 16178, Page 889.
5. Reservation of Easement (spur track crossing) in favor of Florida. East Coast Railway
Company as set forth in Official Records Book 13782, Page 502.
6. City of Miami Order of the Office of the Hearing Boards recorded in Official Records
Book 19215,Page 96.
7. Perpetual Easement (EIectrie Ducts - Lot 10), granted to Miami -Dade County, recorded
in Official Records Book 12133, Page 1652,
NOTE: All recording references herein shall refer to the Public Records of Miami -Dade County,
Florida, unless otherwise noted.
I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice
in the State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this. 2 $ day of April, 2010.
Greenberg Traurig, P.A.
�
M
2
MIA 777,548,142V2
Moshe M. Lehrfield
1221 Brickell Avenue
Miami, Florida 33131
Florida Bar No.: 0866814
OR Bk 271X0 F's�c 2321. - 2327; C7uss'r
This instrument prepared by and RECOR[ ED 1.2/18/21.109 051.151°*3
`vhen recorded return to: IXED DOC IM 1:1.60
S11R'f'AX 0. 4.15
HARVEY KifflMy CLERK OF MURT
Steven J, Vainder, Esq. MIAMI -DADS COMA Y>' F'Li1RWA
White & Case LLP
200 South Biscayne Blvd,
Suite 4900
Miami, Florida 33131
Parcel 1D Number: 01 01050701040; 0101060401100; 0101060401110; 0101070701102; 0101000000295, 0101000000024
Space above this Tine for recorder's use
RECIA,L WAIMANTY DEED
THIS SPECIAL WARRANTY DEED is made this� day of December, 2009,
by and between FLAGLER DEVELOPMENT COMPANY, LLC, a Florida limited liability
company ("Grantor'), whose mailing address is 2855 Le Jeune Road, 4th Floor, Coral Gables,
FL 33134 and PDG DOWNTOWN LLC, a Delaware limited liability company ("Gran ee"),
whose mailing address is 2855 Le Jeune Road, 4th Floor, Coral Gables, FL 33134.
'WITNESSETH:
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10,00)
and other good and valuable considerations to it in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's successors and
assigns, forever, the real property described in Exhibit attached hereto (the "Praperty"), lying
and being in the County of Miami -Dade County, State of Florida.
This conveyance is made subject to:
Taxes for the year 2010 and thereafter, not yet due and payable;
2. Zoning and other regulatory laws and ordinances; and
3. Those certain restrictions, reservations, covenants, conditions, limitations
and easements of record, without reimposition of the same to the extent any of the foregoing
have been released, expired, or are in anyway or wise no longer legally enforceable.
Grantor does hereby specially warrant the title to said land and will defend the
same against the lawful claims of all parties whomsoever claiming by, through, or under Grantor,
but none others.
NOTE TO RECORDER: THIS CONVEYANCE IS A TRANSFER OF UNENCUMBERED
PROPERTY BETWEEN A GRANTOR AND ITS WHOLLY OWNED GRANTEE. THERE HAS
BEEN NO EXCHANGE OF VALUE OR CONSIDERATION GIVEN OR RECEIVED, AND THERE
IS NO PURCHASER INVOLVED. ACCORDINGLY, THE CONVEYANCE IS SUBJECT ONLY TO
MINIMUM DOCUMENTARY S'T'AMP TAX IN THE AMOUNT OF $1,05 PURSUANT TO SEC'T'ION
201,02, FLORIDA, STATUTES,
MIAMI MOM vl (2K)
Book27120/Page2321 CFN#20090903191 Page 1 of 7
IN WITNESS WHEREOF, Grantor has caused these presents to be executed by
the undersigned, on the day first above written.
Signed, sealed and delivered in the
presence'pf:
Pri.ntName. ��'1 /<, iJ�,�.slr ; (�.•�'C�u•?ic'. t
Print N e:,, ;�,1 i.z,� L-- ('>4 � N-Itr�••
S'L'ATE OF FLORIDA )
) ss.:
COUNTY OF MIAMI-DADE )
FLAGLER DEVELOPMENT COMPANY,
LLC, a6en
a limited liability company
By:
TlfCobb, Vice President
The foregoing Special Warranty Deed was acknowledged before me this q day
of December, 2009, by KOLLEEN O.P. COBB, as Vice President of FLAGLER
DEVELOPMENT COMPANY, LLC, a Florida limited liability company, on behalf of
such limited liability company, who is e nally known to me
.�
Szgnat re of Notary Public
(Notary Seat) Name: ''/ i
My Commission Expires:
S'CEYEN J.
W..
aoffp2D, 2013
# DD $80922
N11A%11 031038 vl (2K)
/Mu�r.Mtrrt�.�Ar•
•, "" �y,, ELIZABETH L. PAINTER
Notary Public • State of PlorWt►
• My Comm. Expirn Apt 1.2013
Commission N 00 818500
nit ar aor(Oed N1EWoN twtsuy AUM.
K
Book27120/Page2322 CFN#20090903191 Page 2 of 7
EXHrRTT A
(Downtown "ami
Downtown Miaini (NW 1st St. to NW Stn St.)
PARCEL 1:
THAT PORTION OF LAND IN CITY OF MIAMI, DADE COUNTY, FLORIDA, NORTH OF
NW I ST STREET, SOUTH OF NW 8TH STREET, WEST OF NW I ST AVENUE, AND
EAST OF THE DADE COUNTY METRORAIL MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 10 BLOCK 97N OF "FLORIDA
EAST COAST RAILWAY COMPANY RESUBDIVISION OF PART OF BLOCKS 77N, 86N,
97N AND 106N", RECORDED IN PLAT BOOK 2, PAGE 61 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, SAID CORNER BEING 30 FEET SOUTH OF THI;
MONUMENT LINE OF NW 3 ST AND 20 FEET WEST OF THE MONUMENT LINE OF
NW I AVE; THENCE RUN S00° 00' 39" W ALONG THE WEST RIGHT-OF-WAY LINE OF
AVENUE E (NW 1 ST AVENUE), AS SHOWN ON SAID PLAT FOR 300.03 FEET TO A
POINT ON A LINE 20 FEET NORTH AND PARALLEL WITH THE MONUMENT LINE OF
NW 2 ST; THENCE RUN N890 55' 10" W ALONG SAID LINE FOR 25,20 FEET TO A
POINT ON A CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS S81- 13'
22" E FROM THE CENTER OF SAID CURVE AND HAVING FOR IS ELEMENTS A
CENTRAL ANGLE OF 060 35'06" AND A RADIUS OF 445,00 FEET; THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR 51,14 FEET TO A POINT
ON THE NORTH LINE OF LOT 10 BLOCK 106N OF SAID "FLORIDA EAST COAST
RAILWAY COMPANY RESUBDIVISION OF PART OF BLOCKS 77N, 86N, 97N AND
106N", PLAT; THENCE RUN S890 55' 10" E ALONG SAID NORTH LINE FOR 35,88 FEET
TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF AVENUE E (NW I ST AVENUE),
AS SHOWN ON SAID PLAT; THENCE RUN S00° 00' 34" W ALONG SAID WEST LINE
FOR 299.57 FEET TO A POINT ON A LINE 20 FEETNORTH AND PARALLEL WITH THE
MONUMENT LINE OF NW 1ST; THENCE RUN S89° 59'54" W ALONG SAID LINE FOR
131.40 FEET; THENCE N89° 58' 13" W ALONG SAID NORTH RIGI•IT-OF-WAY FOR
108,02 FEET TO THE EAST RIGHT-OF-WAY OF DADE COUNTY METRORAIL;
THENCE ALONG SAID EAST R/W FOR THE FOLLOWING COURSES:
THENCE RUN N00° 00'47" E FOR 119.85 FEET;
THENCE RUN S890 55' 10" E FOR 31,00 FEET;
THENCE ;RUN N00° 00'47" E FOR 410,00 DEET;
THENCE RUN N890 55'10" W FOR 31.00 FEET;
THENCE RUN N00° 00'47" E FOR 120.14 FEET TO A POINT ON A LINE 30 FEET SOUTH
AND PARALLEL WITH THE MONUMENT LINE OF NW 3 ST;
THENCE RUN S890 53'38" E ALONG SAID LINE FOR 239,39 FEET TO THE POINT OF
BEGINNING,
PARCEL 2;
MIAMI 853173 vi (03123,J.000) (2K)
Book27120/Page2323 CFN#20090903191 Page 3 of 7
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15 BLOCK 86N OF "FLORIDA
EAST COAST RAILWAY COMPANY RE -SUBDIVISION OF PART OF BLOCKS 77N, 86N,
97N AND 106N RECORDED IN PLAT BOOK 2, PAGE 61 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, SAID CORNER BEING 20 FEET NORTH OF THE
MONUMENT LINE OF NW 3 ST. AND 20 FEETWEST OF THE MONUMENT LINE OF
NW 1 AVE; THENCE RUN N891 S3138" W ALONG THE SOUTH LINE OF SAID BLOCK
86N FOR 239,39 FEET TO A POINT ON THE BAST RIGHT-OF-WAY LINE OF DADE
COUNTY METRORAIL; THENCE N00° 00'47" E ALONG SAID RIGHT-OF-WAY FOR
157,90 FEET; THENCE RUN N00° 3112611 W ALONG SAID RIGHT-OF-WAY LINE FOR
481.76 FEET TO TIME SOUTH OF RIGHT-OF-WAY OF NW 5TH ST BEING A LINE 40
FEET SOUTH AND PARALLEL WITH THE NW 5 ST MONUMENT LINE; THENCE RUN
S890 53' 14" E ALONG SAID LINE FOR 112,51 FEET; THENCE CONTINUE ALONG SAID
RIGHT-OF-WAY N890 5746" E FOR 131,40 FEET TO THE WEST RIGHT-OF-WAY LINE
OF NW i AVE; THENCE RUN SO0° 00' 52" W ALONG SAID LINE FOR 289.94 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF NW 4 ST, THENCE RUN S89° 57'47"
W ALONG SAID LINE FOR 20.00 FEET; TI-IENCE RUN SO0° 00'52" W FOR 20,00 FEET
TO A POINT ON THE MONUMENT LINE OF NW 4 ST; THENCE RUN S00° 00'44 " W
FOR 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NW 4 ST;
THENCE RUN N890 5747" E ALONG SAID LINE FOR 20,00 FEET TO A POINT ON TIME
WEST RIGHT-OF-WAY LINE OF NW i AVE; THENCE RUN SOO' 00'44" W ALONG
SAID LINE FOR 300.01 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT;
COMMENCE AT A POINT ON THE EAST BOUNDARY LINE OF LOT 10 OF BLOCK 77N,
"FLORIDA EAST COAST RAILWAY COMPANY RESUBDIVISION OF PART OF
BLOCKS 77N, 86N, 97N AND 106N" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2 AT PAGE 61 OFTHE HE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, SAID POINT BEING 10.00 FEET SOUTH OF THE NORTHEAST
CORNER OF SAID LOT 10; THENCE S89° 57'46" W ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF NW STH STREET (BEING A LINE PARALLEL WITH AND 40.00 FEET
SOUTH OF, AS MEASURED A'1' RIGHT ANGLES TO THE MONUMENT LINE OF NW
5TH STREET) FOR 131.40 FEET; THENCE N89153'14" W ALONG TIM SOUTHERLY
RIGHT-OF-WAY LINE OF NW STH STREET FOR 5.98 FEET TO THE POINT OF
BEGINNING, BEING A POINT ON A CURVE, BEARING NI 1- 361011 W FROM THE
RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 162.67 FEET AND A
CENTRAL ANGLE OF 460 48'29" FOR 132.89 FEET TO A POINT ON THE EAST RIGHT-
OF-WAY OF DADE COUNTY MET'RORAIL; THENCE N00° 3P26 " W ALONG SAID
EAST RIGHT-OF-WAY FOR 35.97 FEET TO A POINT ON A CURVE BEARING N480 53'
45" W FROM THE RADIUS POINT; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 184,33 FEET
AND A CENTRAL ANGLE OF 180 4723" FOR 60,45 FEET; THENCE S890 53'14" E
ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF NW STH STREET FOR 59.74 FEET
TO THE POINT OF BEGINNING,
MIAMI 853123 v) (853123_1,000) (29) 2
Book27120/Page2324 CFN#20090903191 Page 4 of 7
ALSO LESS AND EXCEPT:
BEGIN AT A POINT ON THE EAST BOUNDARY OF LOT 10 OF BLOCK 77N, SAID
POINT BEING 10,00 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 10, AS
SHOWN IN SAID "FLORIDA EAST COAST RAILWAY COMPANY RESUBDIVISION OF
PART OF BLOCKS 77N, 86N, 97N AND 106N"; THENCE SOO' 00'52" W ALONG THE
EAST LINE OF SAID LOT 10 FOR 26,50 FEET; THENCE S89° 57'46" W ALONG A LINE
PARALLEL WITH AND 26.50 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO
THE SOUTH RIGHT-OF-WAY OF NW STH STREET FOR 71.00 FEET; THENCE NOO° 00'
52" E FOR 4.25 FEET; THENCE S891 5714611 W FOR 14,98 FEET; THENCE SOO' 02' 14" E
FOR 0,19 FEET TO A POINT ON A CURVE BEARING N00° 11'38" W FROM THE
RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
CONCAVE TO TIS SOUTHEAST HAVING A RADIUS OF 211,41 FEET AND A
CENTRAL ANGLE OF 90 39' 55" FOR 35,66 FEET TO A POINT OF COMPOUND
CURVATURE, WITH A CURVE CONCAVE TO THE SOUTHEAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 165.67 FEET AND A
CENTRAL ANGLE OF 540 47'47" FOR 158.44 FEET TO A POINT ON THE EAST RIGHT-
OF-WAY OF THE DADE COUNTY METROR.AIL; THENCE NOO° 3 P26" W ALONG SAID
EASTERLY RIGHTOF-WAY FOR 41.17 FEET TO A POINT ON A CURVE BEARING N530
15'04" W FROM THE RADIUS POINT; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 187.33
FEET AND A CENTRAL ANGLE OF 430 23'31 " FOR 141.87 FEET TO A POINT OF
COMPOUND CURVATURE, WITH A CURVE CONCAVE TO THE SOUTHEAST;
THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 233.06
FEET AND A CENTRAL. ANGLE OF 90 40'49" FOR 39.38 FEET; THENCE N00° 02' 14" W
FOR 0,78 FEET; THENCE N890 5746" E ALONG TM SOUTH RIGHT-OF•WAY OF NW
STH STREET FOR 86.00 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
COMMENCE AT THE NORTHWEST CORNER LOT 10 OF BLOCK. 64N OF TEE PLAT OF
"Al, KNOWLTON MAP OF MIAMI" RECORDED IN PLAT BOOK B, PAGE 41 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID CORNER BEING 30 FEET
EAST OF THE CITY OF MIAMI MONUMENT LINE ON NW 1 AVENUE AND 30 FEET
SOUTH OF THE CITY OF MIAMI MONUMENT LINE OF NW 6 STREET; THENCE RUN
S00° OP 05" W ALONG THE WEST LINE OF SAID BLOCK 64N FOR 12,50 FEET TO THE
POINT OF BEGINNING; THENCE RUN N890 58123 11 E FOR 47.,62 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS
OF 25,00 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 900 02'49" FOR 39.29 FEET TO A POINT OF TANGENCY;
THENCE S00° 0P 12" W FOR 222,96 FEET TO THE POINTOF CURVATURE OF A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 DEET; THENCE
RUN SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890
5634" FOR 39.24 FEET TO THE POINT OF TANGENCY; THENCE S89° 5746" W FOR
47.65 FEET TO THE WEST LINE OF SAID BLOCK 64N; THENCE S89° 57'46" W FOR
29.99 FEET; 1I-TENCEN89153' 14" W FOR 20,01 FEET TO THE WEST RIGHT-OF-WAY
MIAMI 853123 v) (853123_1.UOC) (2K)
Book27120JPage2325 CFN#20090903191 Page 5 of 7
LINE OF NW IST AVENUE; THENCE RUN S00° O 1' 05" W ALONG SAID LINE FOR 5.00
FEET TO A POINT ON A LINE 30 FEET NORTH AND PARALLEL WITH TIIE
MONUMENT LINE OF NW 5TH STREET; THENCE RUN N89° 5T1 4" W ALONG SAID
:LINE FOR 93,19 FEET TO THE EAST RIGHT-OF-WAY LINE OF DADE COUNTY
METRORAIL; THENCE RUN N00° 00147" E ALONG SAID LINE FOR 280.34 FEET TO
THE SOUTH RIGHT-OF-WAY OF NW 6TH STREET; THENCE RUN S89° 57' 18" E
ALONG SAID LINE FOR 56.72 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHWEST AND HAVING FOR ITS ELEMENTS A CENTRAL
ANGLE OF 230 33'23" AND A RADIUS OF 30.00 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR 12.33 FEET TO A POINT
ON A LINE 42.50 FEET SOUTH AND PARALLEL WITH THE MONUMENT LINE OF NW
6TH ST; THENCE RUN S89157'18" E ALONG SAID LINE FOR 44.50 FEET; THENCE
RUN N890 58'23 " E ALONG THE WEST LINE OF SAID BLOCK 64N FOR 29.99 FEET TO
THE POINT OF BEGINNING,
PARCEL 4:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF BLOCK 57 N OF THE
PIAT OF "Al. KNOWLTON MAP OF MIAMI" RECORDED IN PLAT" BOOK B, PAGE 41
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND A LINE 32.50 FEET
NORTH OF AND PARALLEL WITH THE CITY OF MIAMI MONUMENT LINE ON NW 6
STREET; THENCE RUN S89° 58'23 " W FOR A DISTANCE OF 30.00 FEET TO A POINT
ON THE MONUMENT LINE OF THE NW 1 ST AVENUE; 'THENCE RUN N890 5718" W
ALONG A LINE 32.5 FEET NORTH OF AND PARALLEL WITH THE CITY OF MIAMI
MONUMENT LINE ON NW 6 STREET FOR 113.21 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF DADE COUN'T'Y METRORAIL; T'IIENCE RUN N00° 00' 47" E
ALONG SAID RIGHT-OF-WAY LINE FOR 625.12 FEET 1O A POINT ON A LINE 42.50
FEET SOUTH OF AND PARALLEL WITH THE MONUMENT LINE OF NW STH STREET;
THENCE RUN N890 32'44" E ALONG SAID LINE FOR 68.09 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING FOR IT'S
ELEMENTS A CENTRAL ANGLE OF 900 28'5 1 " AND A RADIUS OF 25.00 FEET;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR 39.48 FEET
TO A POINT OF TANGENCY ON THE WESTERLY RIGHT-OF-WAY OF NW 1ST
AVENUE, AS SHOWN ON THIS PLAT; THENCE ALONG SAID WESTERLY RIGHT-OF-
WAY FOR THE FOLLOWING COURSES: THENCE RUN S00° 01' 35" W FOR 127.04
FEET; THENCE RUN N89132'44" E FOR 3,30 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEAST, SAID POINT BEARS S83° 35'34" W FROM THE
CENTER OF SAID CURVE AND HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
220 51' 20" AND A RADIUS OF 524.00 FEET; THENCE RUN SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE FOR 209.02 FEET TO A POINT OF REVERSE CURVATURE
WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING FOR ITS ELEMENTS A
CENTRAL ANGLE OF 29° WOO" AND A RADIUS OF 436.00 FEET; THENCE RUN
SOUTHEASTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 222.96 FEET TO
A POINT OF TANGENCY; THENCE RUN S00° 02'14" W ALONG SAID TANGENT FOR
37,63 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHWEST HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 890 5609" AND A
WAN[( 853123 v (85)123„ I.D00j (RR) 4
Book27120/Page2326 CFN#20090903191 Page 6 of 7
OR RK 271,2C.1 PG `2327
RADIUS OF 25,00 FEET; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE FOR
AN ARC DISTANCE OF 39.24 FEET TO A POINT OF TANGENCY, SAID POINT BEING
ON A LINE 32.5 FEET NORTH OF AND PARALLEL WITH THE CITY OF MIAMI
MONUMENT LINE OF NW 6TH STREET; THENCE RUN S89'58'23" W ALONG SAID
LINE FOR 47,68 FEET TO THE POINT OF BEGINNING
MIAMI 853173vl103123_ I)OCI(2K)
Book27120/Page2327 CFN#20090903191 Page 7 of 7
CITY OFMIAMI
l* DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec, 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form,
NAME: Ines Marrero-Priegues
(First Name) Middle (Last Name)
HOME ADDRESS: Holland & Knight LLP/ 701 Brickell Avenue
(Address Line 1)
CITY: Miami
IIOMEPHONE: (305) 789-7776
Suite 3000
(Address Line 2)
STATE: Florida
CELL PHONE:
EMAIL: ines.marrero@hklaw.com
BUSSINESS or APPLICANT or ENTITY NAME
Holland & Knight, LLP
FAX:
BUSINESS ADDRESS: 701 Brickell Avenue, Suite 3000
(Address Line 1
Miami lorida 33131
(Address Line 2)
ZIP: 33131
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Application by FDG Flagler Station II, LLC for closure and vacation of street/right of
way
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
❑ YES 0 NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a.
b.
C.
Additional names can be placed on a separate page attached to this .form..
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE: X111�—
gn re
Ines iarrero- I Priegues
Print Name
Sworn to and subscribed bejbre me this 74 clay of _, 20(/ 0 . The fc)regoing
instrument was acknowledged before me by /i"'er CS who has produced
as identification and/or is personally known to me an who did/did not take an oath.
STATE OF FLORIDA ,
CITY OF MIAMI
MY CIO Notary
EXPIRE? ev'''% __ SIUBY FLEITES
' l6(L3 %1-6 lT s
,*_ faY COMMISSION #DD 856036 i
EXPIRES: April 16, 2013 Print Name
Enclosure ,Bf st d Bonded Thru Notary Public Underwriters
Doc. No.:865, Page 2