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Home My WebLink AboutSp Ex Application & Supp DocsWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAV1D M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO* LILLIAN ARANGO DE LA HOZ* ALISON S. BIELER MITCHELL J. BURNSTEIN ELAINE M. COHEN STEPHANIE DEUTSCH* ATTORNEYS AT LAW BROWARD OFFICE 3107 STIRLING ROAD, SUITE 300 FORT LAUDERDALE, FLORIDA 33312 JAMIE ALAN COLE MANAGING SHAREHOLDER-BROWARD OFFICE TELEPHONE 954-763-4242 TELECOPIER 954-764-7770 WWW.WSH-FLALAW.COM MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE • SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-O20O • TELECOPIER 305-854-2323 *OF COUNSEL October 6, 2003 VIA HAND DELIVERY Ms. Lourdes Slazyk City of Miami Department of Planning & Development 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: Request for Phased Project Dear Ms. Slazyk: JENNIFER A. GOLDBERG ❑OUGLAS R. GONZALES CHRISTOPHER F. KURTZ HARRIET R. LEWIS* PETER A. LICHTMAN KAREN LIEBERMAN* MATTHEW H. MANDEL BERNARD S. MANDLER* MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK* ANTHONY L. RECIO MARK A. ROTHENBERG SCOTT A. ROBIN DANA J. SCHINDLER GAIL D. SEROTA* JEFFREY P. SHEFFEL MIA M. SINGH JOSE S.TALAVERA SUSAN L. TREVARTHEN Our firm represents Miami Riverfront Partners, LLC ("Riverfront"). Riverfront is the contract purchaser of the property which is the subject of an application for Major Use Special Permit which accompanies this request. The following information is provided in support of this request. Section 2502 of the City's Zoning Ordinance 11000 defines phase project as follows: "A phased project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any project which meets such requisite shall establish the maximum development capacity for the subject property. At the time of the qualification by the director of the planning, building and zoning department, as required below, such projects shall be owned by a single entity or subsidiaries of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (1) project for the purpose of calculating all zoning requirements. Individual phases of such projects which reach the MUSP Ms. Lourdes Slazyk October 6, 2003 Page 2 thresholds as established in article 17, shall also comply with all the conditions contained in section 1701(11)." A phased project must be qualified by the director of the planning, building and zoning department, at the written request of the property owner(s). The recipient of this qualification shall be responsible for the distribution of development rights within the boundaries of the subject property, subject to the limitations of this Zoning Ordinance." The property in question is described in the attached Exhibit "B" (the "Property") and consists of approximately 3.37 gross acres. The Property consists of three parcels located on the northeast corner of SW 7th Street and 2"d Avenue. The three parcels are contiguous to each other. The proposed mixed -use project (the "Project") consists of two buildings providing 455 dwelling units, 1,006 parking spaces, 20,000 square feet of ground level retail, and 225,000 square feet of office space. The residential component will occupy a 42 story tower oriented along the north of the property, close to the Miami River. The office portion of the project will occupy a 22 story tower in the southeast quadrant of the property. Riverfront intends to develop the Project in phases. The project will be developed as one unified site in two phases of development. Phase I consists of the residential tower. Once finished, Phase II which comprises the office component of the project will commence. Besides being contiguous to each other, the various phases: a. Will be treated as one site with a consistent streetscape and similar landscaping throughout; and b. Will be interconnected by a covered arcade and wide sidewalks. We believe that for the reasons stated in this letter, the Project meets the City's requirements for a phased project and accordingly request that you approve the Project as a phased project. WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. Ms. Lourdes Slazyk October 6, 2003 Page 3 We look forward to your approval of this request. Please do not hesitate to call me if you have any questions or require additional information. GP/ms 855001 Enclosure cc: Kevin Reilly Stephen Gelb Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. DEPARTMENT OF HEARING BOARDS 444 SW 2"d Avenue, 71" Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI 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. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted. 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. 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. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 08/15/03 Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning and Zoning Department for his/her recommendations and the Director shall make any further referrals required by these regulations. I, Gilberto Pastoriza, Esq. on behalf of see attached Exhibit "A" , hereby apply to the City of Miami Zoning Board for approval of a Special Exception for the property located at 615 SW 2nd Avenue, Miami, FL, folio numbers 01-0203-090-1030, 01- 0203-090-1010, 01-0203-090-1011 1. Three (3) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 2. Two (2) 11x17" original plans and one (1) 24x36" original plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, building elevations and dimensions and computations of lot area and building spacing, etc. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on the 41 Floor and Planning on the 3rd Floor, prior to submittal of application. 4. An 8'/2 x 11" copy of the plans after signature from the above departments. 5. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). 7. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 6 and 7). 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. Rev. 08/15/03 2 10. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 11. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 12. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) 13. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) 14. What is the purpose of this Special Exception/nature of proposed use? (Be specific) As per Section 607.4.3 to permit a marina and drive -through facilities for financial institutions; and as per Section 917.1.2 to permit restaurant parking facilities maintained with valet parking for up to 50% of required offstreet parking spaces 15. Cost of processing according to the City Code: Special exception $ 800.00 Special exception requiring automatic city commission review $ 2,000.00 Extension of time for special exception $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if is no appeal from the applicant or a property owner within five hundred . • '; - - of the s -c prop- Y. Signatu Name Gilberto Pastori Telephone (305) 854-0800 Address 2665 S. Bayshore Drive, Ste. 420 Date Miami, FL 33133 October 6, 2003 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this (61'day of 20_ Gilberto Pastoriza, Esq. who is a(n) individuallpartner/agantiporporation of $f-'h%bt4 "t9 " a(n) individual/partnership/corporation. He/She is a or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 08/15/03 3 EXHIBIT "A" Owners: William O. Brickell Majorie O. Brickell Majorie O. Brickell, as Trustee under Document dated September 11, 1992 Majorie O. Brickell and William O. Brickell, as Co -trustees of the Majorie O. Brickell Family Trust Majorie O. Brickell and William O. Brickell, as Co -trustees of the William O. Brickell Family Trust and Miami Riverfront Partners LLC, Contract Purchaser 1. AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gilberto Pastoriza, 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 accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the major use special permit as set out in the accompanying application, ❑ including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Gilberto Pastoriza, Esq. on behalf of See attached Exhibit "A" Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature The foregoing.instrument was nowleNed before me this w day of 20 Gb , byZ`\O-11•VetV e g' b12 as legal representative of the Owners listed in the attached Exhibit "A" and on their behalf. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) SiB <,: -* MY COMMISSION I DD 222204 EXPIRES: September 13, 2007 �-N.,F „pa` Doodad Thru Budget Notary Bivica6 EXHIBIT "A" Owners: William O. Brickell Majorie O. Brickell Majorie O. Brickell, as Trustee under Document dated September 11, 1992 Majorie O. Brickell and William O. Brickell, as Co -trustees of the Majorie O. Brickell Family Trust Majorie O. Brickell and William O. Brickell, as Co -trustees of the William O. Brickell Family Trust and Miami Riverfront Partners LLC, Contract Purchaser DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Exhibit "B" 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. (See below; please supply additional lists, as applicable.) Owner's Name See attached Exhibit "A" Mailing Address c/o Gilberto Pastoriza, 2665 S. Bayshore Drive, Ste. 420 Miami, Florida Zip Code 33133 Telephone Number (305)854-0800 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. (See below; please supply additional lists, as applicable.) Street Address Legal Description 0006 Gilberto Pastoriza, Esq. Owner or Attorney for Owner Name Owner or ttorn : for Ow - -' •nature STATE OF FLORIDA COUNTY OF MIAMI-DADE The fore oin instrument acknowledged before me this day of Off- 20�y� ` �cr-v�.'Z�"� who is a(n) individual/partner/agent/corporation of s e eie4i,lpil `` '4 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) ail Y144f1r Til�r�r i..� * MYCOMMISSION#DD222204 EXPIRES; September 13,2007 reomd4 Bonded Thru Budget Notary Servicee Rev. 08/15/03 5 EXHIBIT "A" Owners: William O. Brickell Majorie O. Brickell Majorie O. Brickell, as Trustee under Document dated September 11, 1992 Majorie O. Brickell and William O. Brickell, as Co -trustees of the Majorie O. Brickell Family Trust Majorie O. Brickell and William O. Brickell, as Co -trustees of the William O. Brickell Family Trust and Miami Riverfront Partners LLC, Contract Purchaser Addendum to Disclosure Miami Riverfront Partners LLC Riverfront Village LLC 50% Miami Riverwalk Investments LLC 50% Riverfront Village LLC Kevin Reilly, Individual 100% Miami Riverwalk Investments LLC Stephen Gelb, Individual 20% Edward A. Fish 80% EXHIBIT "B" Leaa1 Description Lots 6 through 15 and that portion of Tract "A" lying West of the Northerly extension of the East line of Lot 6, all of "Amended Plat of Block 39 South of Knowlton's Plat of Miami", as recorded in Plat Book 42, at Page 6, of the Public Records of Miami -Dade County, Florida OCT-31-2003 FRI 03:51 PM FAX NO. P. 02 Wrr•OLAI,Des;o • !Vuni s; (yldess eiifaddrassed'limped pnvilopa) Name; Kerr ■. Balogh'+, Ji , Beq Aden's: itearrle Movie MIII■r, ICal 1W W. PI.eM'r Sims( Mlarrrl, PL 37130 This I11 1WT4nl Freparrd by: Charlie H Johrlwn. !aquae Ridanpr Grier Wye Yn+m4.ugh Mlrebtlo 8 °Malansen. P A Addmuu 2418. rilrc ynr Boulevard.ii)h Floor Mani, Markin 33131 Tel.: 0311077-4OpO Properly Atpnl.rrrParcel I p fFolio,Numberi0 0/.020 3 -of a.. i4 Jo iarMrN.alr S.&.ele)r E:19338PG48z.f in s. 1, 7 54 h ;Afr': I2•. T zc 1r r 31 +i !T.!r 0.4r ►.+hags i,lr r rL SPACE ABOVETHI3 LINE rDN PRDCE89ING DATA 1PAOL AeloVE THIB LINE PDS REDORDIND DATA THIS QUIT CLAlM DM, Executed Fhb day of October, AD. 2000, by MARJORIE O. t4A'ICKELt, ao Trustee under document dated September 11, 1992, first patty, to MARJORIE 0. BRICifELL and WILLIAM O. ERIOME LL, as Co-Truslev* of the Milian 0, MOW Partlay Trust under WE of MMMRem B. Brickoa, who petal: T e address is 032 AffOrleO AVerrue, Co,W 1ablea. fC $3140, second party. 1M.rrwl urea heron IMImo rrna "Aral Duty and nomad piny' AO ncluae impairs and pl1141, Nabs. s ies ndbvp. end reelenib al rnftnoilurle, rid the ruweeeo, x' missb..i mrparaLards. wharrrrre I15r mortal so'dads or reµylres W1TN 5$ETN, That the said Ora, party, for and in consideration of the sum or MOO, OO, In hand paid by the said ascend party, the receipt whereaof is hereby acknowledged, does ereby fbfirsa, release end quit -claim unto the said second pony forever, all the right lino, interest, claim end d and Which the maid Arai party has in and to the following dee: Wed lot, piece or parcel Of land, situate, lying an !ng to the County of Veda. State or Fleets, to -Wit; An undtvldsd one-fourteinth (1/14) Interest In end to the following properly: Lots 6, 7, b, end P. P10ok 39, SOUTH, 1 1TY OP MiAM1, end ell of the properly bounded on the South by the northerly boundary ales of seal Lets 6, T, 6, and 9, on the West by the weatedy boundary line oleakr Lot 9 produced northerly to the Miami River. on the last by the matey boundary line of;aid Lot 6 prodiueed northerly to the MiamiRh+ar, and on the North by the Miami River, together with au riparian rights' and water privilege; appurtenant to said property but sublrct to all rights or the Oily of Mom!, Florida end the Untied Stales Qolremment effecting the DSO of;aid rlpedan rights and water privileges We the South 50 fret of mid Lois B, 7, g, and 1, according to the plat thereof raconied Vr Plat E00h "2•at Page 41 of the Petite Peoords of Dodo County, Florida. AND The Eost 40 root of the North 100 ibot of Lot 10, Efeck 39, SOUTH. CITY OP MIAMI, according to the pier thereof recorded in Piet Boo( 0 Page 41 of tire Public Records or Dade County, Florida: lo&afher wish the st►lp of land lying At nh of the above described pt0WA1y between some and the Miami Riven also together withsetriparian rights !hereunto appertehlingOrbeionging. AND tote 11, 12, 1.1, 14, end 15, Mock 39, SOUTH, CITY OF MIAMw, according to the plat Meteor recorded in Prof Book IS" al Pose 41 of the Public Reese* of Code County, Florida AND The South 511 feat of the Eliot 40 feet of Lot 10; the South 90 foot of Lots 9, 8, 7, and 6. aA iir Block 99, . QIJTF1, WY OP MIAMI, according to the plat thereof recorded in Plat Eoolr 73" of Page 41 of the Public A7ecarpta of Dade County, Roddy. TO HAVE AND TO HoLo the same together with ea end singular lho appurtenances OuraWnlo belonging or In °RAW, appertaining, and ail the estate, right title. interest, lien. equity and claim whatsoever of the said first party, Oiler In law or equity, to the only proper use, binellf end Pehwof of the said second party forever. The parry of the first pad doers hereby confer on the Trustees th Hewer end authority either to pooled. copseryio, sell or Isaac. encumber or otherwise to manage end disp0 e of the real property tinacrlbad herainabowl, including but not landed ter all powers toted In Floods Statute 809.071 IN WITNESS WHEREOF, rho said Rnsr party has signed errd sealed these present; the day end year ifraf vbgve written. Stoned, sealed and dalrvaf d In prrsenge of Print name of Witness etuted.i ,d6r r2)r' lea. CLT j. a + imk'+41._ •St A- Prfrrt name of wifnea1 M,iio Brsekert, as rnlsloa 892 A onso Morita Coral Gables. FL 331 46 00T-31-2003 FRI 03:52 PM FAX NO. P. 03 ware OF FLORIDA , e: 4 9338?f 482Z COUNTY OF MMMt-DAQE rho foregoing lgehtrmpnt was acknowledged bah ,* me MA day o!' ocfober. 2000, by MARJORIE 0, ARICKELL, as Trustee under document daled Seale 11. 1992 onpfiknRyy g me or who hos produced as IdegrdJaelbn a d wire aid not take an oafh. 41 if Naryr osDiala a 1 Name ofAa*nvwiedpdf Typ , Printed or Stomped Sedel Number. My Commission Erplres Cdfie►-- UM�� A .v. 4C,C10-4210acpc .0 •1 '•�... NCrWM. . RUVfN f; Y'comer' .-•..., ...�.a. OCT-31-2003 FRI 03:52 Ph! FAX NO. P. 04 QUI:elAJl Ms DAM to: taxi". ilotddrn,.e:lsmP.danwdopef Now lAeYee , OaMeha►, a►„ Ito Addrasa: BlamuWslwrr NOW. it al 100 W. fleed' 411.411 MlamI, FL 33130 lhlains4umrnl Pnptrod DY• Ghafas H Johh.rn, Ewer Worn." Orem Wall Un mb."+Ih Mu.b1e L C ' it.men, P A Addater• 201 B. Bicoyna BouMward,1Off Floor Word, Pkdda 3 171 Talc MS) e154000 Property, Appian."' Diem Moto) Humberto) 01- b 2 03 aq a to y Q 'Jr,� :r,.,y►w;'r* OM teeny SPACE ASOVR TH161-INB POA PRoce36MA DATA 444ActI AIfovu TINS LII'1N rot Rait.OADING DATA 19 336C 4824 THIS QUIT -CLAIM AEED, Executed then Ajday of October. A, D 2000, by MARJORrE a sR1GKF_LL, es Triable under document dated 9eptenibdr 11. 1992, fist party. to McRJORIE 0. BRICK LL and IMLUAM D, ORIOKELL. es Go -Thebes of MP Marjorie Briakeil Forney T st under WUI of M1lar, S. tirickolf, whoseposlolfoe f>rfdresa IS 932 Ammo Ames, Gore! Oaten, FL 33146J lTd party:: ant stir." trawl1Mrsla aM Mad-an1Mrtf find'wbbnd prof snot indutlintylar and Oval hair, Iepd 4onioniseroo. end wig. of Ind,nduals, and the summon and owpns or aaaloriIionr. nd I1wsr P4 contra to rdmtr ;angina ) IMTNIfS$ETN, That the saki first pony, for end In considensllon of the ;um of 910.00, in hand geld by the laid soco d party, the rbcitpt whereof Is horoby ocknowled0ed, does hereby remise. foliose and quitclaim unto the saki second party farevor, all the fight, Mips, interest claim end demand 0110h the geld Arat party has In and to the tbllowetg deserted lot, pleat or parcel of fond, athlete, tying and being In the County of Dade, State of Florida, to -wit: An urtdlvkdedtwo-sevenbhs (2/7) lntsr'ast in and to ?ha following property,' Lots 6, 7, 6, end 9, Block 39, SOUTH, CITY OF M1AM, and 40 of the property bounded art the South by the northerly b0urtda7lines of said Lots 6, 7 9, and 9, on the West by Ma woaferlw boundary lino of aald Lot 9 Reduced northerly to the Mlrm! River. on the Ent by the easterly b0ul cM y gee of asld Lot 6 produced northerly to the Mlemk Rhea, and on the North by the Mart Rivet, Wader Wllh eft Wen n rigrlla and water privilegeo appurtenant to seed property bat subject to off tights of the Cryol Mrand. Florida and the United Stotts 1701rommont afhccting the Liao of geld rlperien nights andwater pAvllagas loss the South 60 feet Of told Lots 6, T. tt. and 9, aceording to me pi■f Mereof recorded in Het Book "IV" al Pape 41 of the Public Records of Dodo County, Rondo, ,4NC1 rho East 40 fart nflha Nene 100 feet Of Lot 10. Rack 39, SOUTH, CITY OF MIAMI. o 'oording to the plat thereof monied in Rat Book "0" of Pape 41 of the Public Rewords of Dods County. Florida; together won the afro of /and lying North antral above descrlbedproperty behwen samo and the Miami River also together with all riparian rtghtl theflaunlo epp.Ilarning or belonging. AND Lott t 1, 12, 13, 14, end 15, clock 39, SOUTH, CITY OF MIAMI. according to the prat themmof worded in Plat 9ook'F" eb Peg@ 41 of the Public Reoardl of Dads County, Florida. AND The South 50 feet of the East 40 Mel of Lot 10: the 5ctlth 50 to Lots' 9, 8, 7, and 6, all to Block 39, SOUTH, CITY Of MIAMI, s000rdeg to the plat them forded in Pat Book "8" at Fops 41 of the Publa Record; of RIMP COtrnby, PlOMO. 70 HAVE AMn TO HOLD the same together with oil and singular the appurtenances theraunto befenging or in enyw1sa apprrtelning, and erg the estate. right, trife, interest. Tian equity and ofalm Whs tsoeVer of Oa amid first party, either iin law or equity, to the only proper user banal( and bahoor of the meld sewed party faeVer, The party of the first part doer hereby confer on the Trustees the power and authority either to prorool, conserve, sell or lease enoumber or otnerwfaa to menage and depose of the rear property drrscribett hRrelnebOVte. Including but oaf limited t0 all powers 'kind in Florida Stabile 689 071 IN WITNESS WHEREOF, The card Aral potty has signed and NNW these presents the day and year Arai above when. Stoned, rooted and delrvrred fnproaaa of narrw of whnosa Print Raffle °f ather s M.rjoH► ell, as trustee 832 Alfonso Avenue Carol C3eblea, FL 33146 OCT-31-2003 FRI 03:52 PM FAX NO, P. 05 1933425 STATE OP FLORIDA a COUNTYOPMIAMI-DAof ) Th. foregoing Inrtrum.nt was ooknowiedged moors rno this day or October, 2000, by MARJDRIE 0, 6 CKBL, e6 Trustee under document drt.d September 11, /9112i pitrugyknorm to me or who hei'muddied_ — esh snhl<aritlonsncrwho did nW ISM M wtb, — sty Nemo of Seller Number. My Commission Expbi 2 Printed AlgttffileXilMLr,e,u,rtsnnarwt Ur mpg nw', k7u1� lilt on. rrRl.i'• HARVEY F.J'JrN Gone r 4.0:1 Orr COW, 1