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HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY 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 at the number above, 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 3:00 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 before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. 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. An additional cost to record the Zoning Board 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 is signed or initialed by 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. 07-15-04 I, Gary Reshefsky, Esq. on behalf of Biscayne Venture LLC and Casam 3110 LLC , hereby apply to the City of Miami City Commission in accordance with Section 55-15 of the Code of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1. Two (2) copies of the Tentative Plat prepared by a State of Florida registered land surveyor. 2. Two (2) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 3. Two (2) original sketch of surveys, 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. At least two photographs that show the entire property (land and improvements). 5. 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. 6. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 9. Attach Opinion of Title addressing the reversionary rights. Note: An update shall be required if more than three (3) months elapse before Zoning Board or City Commission approval. 10. The undersigned, being the owner or representative of the owner, of the property located at See Exhibit "A" AND MORE PARTICULARLY DESCRIBED AS: See Attached Legal Description 11. 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 (3rd Floor) at 305-416-1400 for information.} NO 12. 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 (3`d Floor) at 305-416-1400 for information.} NO 13. What is the acreage of the project/property site? 5.93 acres 14. What is the purpose of this application/nature of proposed use? Redevelopment for mixed uses 15. 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. 16. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 17. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 (b) Re -submittal: Per square foot of right-of-way Minimum Maximum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature Name Telephone STATE OF FLORIDA COUNTY OF MIAMI-DADE Address Date $ .90 $ 1,200.00 $ 1,700.00 $ 3.50 he foregoing in trumeptwas acknowledged before me this day of 2_by Ci individuallpartnerlagenticorp6ration of a(n) individual/partnership/corporation. He/She is wpersonally known to me or who has produced (Stamp) a(n) as identification and who did did not) take an oath. Anet Rc riQuz My Commission €30222266 ce Expires suate 12, 2007 Signature Rev. 07-15-04 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gary Reshefsky , 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 change or modification of a classification or regulation of zoning as set out in the accompanying petition, x including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 305 962-4919 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. 60,4 Applicant Name :-c Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoin in trument vas acknowledged before me thisOCIIQ' day of 2'by tit who is a(n) individual/partn dagent/corporiation of a(n) individual/partnership/corporation. IShe is personally know to me or who has produced as identification and who chid (did not) take an oath. II (Stamp) Anal Rodriguez My Commission 0D222266 1' Expires Jun 12, 2007 Rev. 07-15-04 4 DISCLOSURE OF OWNERSHIP Street address and legal description of subject property: See Exhibit "A" 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name CASAM 3110 LLC Mailing Address 3110 NE 2nd Avenue Zip Code 33137 Telephone Number 305 757-001 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address See Exhibit "B" Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foreAoing in 2 , y individual/partn a(n) individual/partnership/corporation.Be/She is personally known to me or who has produced as identification and who did Old not) take an oath, Legal Description Owner or Attorney for Owner Signature nt was acknowledged before me this day of (Stamp) wh is a(n) r/agent/corporation of Anei Rodriguez My Commission 0D222285 ®r n Expires Jane 12. 2007 Signature Rev. 07-15-04 5 DISCLOSURE OF OWNERSHIP 4. Street address and legal description of subject property: See Exhibit "A" 5. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name Biscayne Venture Development LLC Mailing Address 3110 NE 2nd Avenue Zip Code 33137 Telephone Number 305 757-001 6. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address See Exhibit "B" Owner or Attorney for Owneir Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description Owner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this day of 20_, by who is a(n) individual/partner/agent/corporation of 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) Signature Rev. 07-15-04 6 Exhibit "A" Property Addresses 3110-31.28 NE 2nd Avenue 2932-3030 NE 2ild Avenue 2930-3090 NE tse Court 160 NE 30th Street 145-169 NE 29th Street CASAM 3110 LLC Disclosure of Ownership 50% Samuel 3110 LLC 99% Michael Samuel 1 % Jonathan Samuel 3110 NE 2" d Avenue, Miami, FL 33137 50% Cayre 3110 LLC Members Percentage Interest Joe Cayre 18% Jack Cayre 15% Michael Cayre 15% Steven Cayre Trust 15% Daniel Cayre Trust 15% Grace Cayre Trust 15% Dan Pfeffer 5% Harvey Fuchs 1 % Mark Kaiman •5% Michael Haddad .5% 100% 417 5th Avenue, 9th Floor New York, NY 10016 Biscayne Venture Development LLC Disclosure of Ownership 50% Samuel Venture LLC 99% Michael Samuel 1% Jonathan Samuel 3110 NE 2nd Avenue, Miami, FL 33137 50% Cayre Venture LLC Members Percentage Interest Joe Cayre 28% Jack Cayre 15°A° Michael Cayre 15% Steven Cayre Trust 15% Daniel Cayre Trust 15% Grace Cayre Trust 5% Daniel Pfeffer 5% Harvey Fuchs 1% Mark Kaiman .5% Michael Haddad .5°Ao 100°A° 417 5th Avenue, 9th Floor New York, NY 10016 I(ETC -I TO ACCOMPANY L. GAL DESCRIPTION I m 5 THATCHERSUBDIVISION 5 1 7 75.461 3 A. —PLAT—OF-1 BROAOMOOR (P.B 2 PG 5B)61 N SHEET 1 OF 2 6 � 2 5 4 1 3 1 2 WES-t (P1.3 E3RPGR .160) _J 1 TR„4 c7- A T6'Acr r Ac Mror� c - EgS7 co -"'" (P.B. 1:1"AM! EAST r 4 VeNUE-ea 77) Frc 9 IRAcrp (P,13. 126, PCB, 68) 1 WEST 1BROAD 1OMR TRACT A TRACI 8 11 i 12 13 1 R/W To BE VACATED 1 (Area -,6 32,604 sq.Et.)N t iCOUFT N. E. 2n d AVENUE y�l � s 12 I [1,B 21�G 3�1)I 12 4—_- WEST 1 (P.D. 7 1 6 - 50 25' 7' BROAIMOOR 3 PG.160) 1 1 1 5 1 4 1 3 1 2 E 50. 25'- COAST 4/90gj R/!y N.E. 2nd I I I(P.B 2 €PG 37)i 1 O 4 l 1 ...... �.,..,: 1 8 1 5 fl 3 I'! I! II 3 AREA OF EF[G11T ;OF" -.-WAY TO 8 - VACATED - 32,604 SQUARE FEET IG\255341\WEST ERCADM1:1DR\LIE(GAI_ ➢ESC\dw0\VACATE STREET.dwg SCIIWEI3KE—SHISKIN & ASSOCIATES, INC, LIB # E37 LAND SURVEYORS -ENGINEERS -LAND PLANNER PHONE No.(954)435-7010 190048 PREPAR 07-22- 04 0 CORPOR E: 4VA=] MIR ` ' 2. F... 33025 No, '9`" )/43 PER R BERT F. ,J KS0N, PRESIDENT THIS IS NOT A " BOUNDARY SURVEY" FI-A.' PROF, LAND SURVEYO N" 2408 REVISIONS Rev 810�04 Urder# 1 0047 15 16 I EST BLOADM01Q R 1 (P.O. 31 PG. 9) 1 14 1.5 1 12 11) 11 1 10 I I _ AVENUE r- BROADM00R I (P,B 2 PC 37) 10 ELWb00 % ELWO E; COl(R1 . f (P.Ci 9 {. 2 LEGEND: P.E3. DENOTES PLAT E300K PG. DENOTES PAGE R/W DENOTES RIGHT--OF-WAY . DENOTES MONUMENT LINE DENOTES CENTER LINE it DENOTES R/W TO BE. VACATED LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION OF R/W TO BE VACATED: That portion of the Right —of —Way for N.E. 1st Court as shown on those certain plats, WEST BROADMOOR, according to the plat thereof as recorded in Plat Book 3 at Page 60, and THATCHER SUBDIVISION, according to the plat thereof as recorded in Plat Book 126 at Page 68 and lying 75.00 feet North of the North line of Lot 3, WESTERN BOULEVARD TRACT, according to the plot thereof as recorded in Plat Book 1 at Page 108, all of the Public Records of Miami —Dade County, Florida. TOGETHER WITH: That portion of the Right —of —Way for N. E. 31 st Street, as shown on the above mentioned plat of WEST BROADMOOR, and lying 35.00 feet West of the centerline of N.E. 2nd Avenue and bounded by the West side by the Easterly Right -of —Way line of the Florida East Coast Railway TOGETHER WITH: That portion of the .Right -of —Way for N.E. 30th Street as shown on the above mentioned plat of WEST BROADMOOR, lying 35.00 feet West of the centerline N.E. 2nd Avenue as . bounded by the West side by the Easterly Boundary line of Tract "A" of the aforementioned plat of THATCHER SUBDIVISION. TOGETHER WITH: The external area of a circular curve concave to the Southwest, having a radius of 25.00 feet and tangents which are 25.00 feet South and parallel with the centerline of N.E. 31th Street and 35.00 feet West of and parallel with the centerline of N.E. 2nd Avenue. TOGETHER WITH: The external area of a circular curve concave to the Northwest, having a radius of 25.00 feet and tangents which are 25.00 feet North of and parallel with the centerline of N.E. 30th Street and 35.00 feet West of and parallel with the centerline of N.E. 2nd Avenue All of the above lying and being in Section 25, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. Ordered by: Biscayne Venture Development LLC SHEET 2 OF 2 9 SCHWEBKE—SHISKIN & AS ATES; .NC. LB . # 87 LAND SURVEYORS —ENGINEERS —LAND PLANNERS 3 40 CORP , , WAY---MIRAMAR, FL 33025 PHONE No.(954)-435-7010 F , o ( ' • 8-32 ORDER NO. PREPARE!, r L y. S SION: 1.0\P55341\\VEST BROADMOOR \LEGAL ESC\dwg\VACATE STREE:T DAlF AC SON, PRESIDENT TIIIS IS NOT A " BOUNDARY SURVEY" FLA. "ROf'. LANO SURV OR N' 2408 REVISIONS v /03/04 Order', 190047 Exhibit "B" Owner: Midtown Miami No. 8 Address: Legal Description: Tracts A and B of Midtown Miami East as recorded in Plat Book 161, Page 77 of the Public Records of Miami -Dade County, Florida Owner: Midtown Miami No. 7 LLC Address: Legal Description: Tract C of Midtown Miami East as recorded in Plat Book 161, Page 77 of the Public Records of Miami -Dade County, Florida Owner: Midtown Miami No. 6 LLC Address: Legal Description: Tract D of Midtown Miami East as recorded in Plat Book 161, Page 77 of the Public Records of Miami -Dade County, Florida Owner: Midtown Miami No. 5 LLC Address: Legal Description: Tract E of Midtown Miami East as recorded in Plat Book 161, Page 77 of the Public Records of Miami -Dade County, Florida Owner: Midtown Miami No. 4 LLC Address: Legal Description: Tract F of Midtown Miami East as recorded in Plat Book 161, Page 77 of the Public Records of Miami -Dade County, Florida BISCAYNE VENTURE MIAMI-DADE COUNTY — PUBLIC WORKS ENGINEERING — SUBDIVISION CONTROL AND CITY OF MIAMI OPINION OF TITLE To: MIAMI-DADE COUNTY, a political subdivision of the State of Florida and THE CITY OF MIAMI, FLORIDA, a municipal corporation. With the understanding that this Opinion of Title is furnished to MIAMI-DADE COUNTY, FLORIDA, in compliance with its Ordinance No. 57-30 and to the CITY OF MIAMI in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property, hereinafter described, it is hereby certified that we have examined Chicago Title Insurance Company Owner's Policy No. 72004- 1899 (As to Parcel A), Lawyers Title Insurance Corporation Owner's Policy No. A81-0106391 (As to Parcel B), together with Attorney's Title Insurance Fund computer updates covering the period from the beginning to July 19, 2004 at 11:00 p.m. inclusive, of the following described property: (Describe only realty to be subdivided) Parcel A (Chiquita Parcel): Lots 1 through 7, Block 2 and Lots 11 through 14, Block 3 and Lots 6 and 7, Block 4 and Lots 1 through 4, Block 5 of WEST BROADMOOR, according to the plat thereof as recorded in Plat Book 3, at Page 60 of the Public Records of Miami -Dade County, Florida, and Tracts "A" and "B" of THATCHER SUBDIVISION, according to the plat thereof as recorded in Plat Book 126, at Page 68 of the Public Records of Miami -Dade County, Florida, and Lots 3 through 7 of WESTERN BOULEVARD TRACT, according to the plat thereof as recorded in Plat Book 1, at Page 108 the Public Records of Miami -Dade County, Florida. Less the East 10.00 feet of Lots I, 2, 3, 4 and 7, Block 2 of WEST BROADMOOR, according to the plat thereof as recorded in Plat Book 3, at Page 60 of the Public Records of Miami -Dade County, Florida. AND Less the North 2.5 feet of Lot I except the East 10.00 feet thereof, Block 2 and the North 2.5 feet of Lot 14, Block 3 of WEST BROADMOOR, according to the plat thereof as recorded in Plat Book 3, at Page 60 of the Public Records of Miami -Dade County, Florida. 1 AND LESS THAT PORTION OF LOT 1, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF AND THE NORTH 2.5 FEET THEREOF DESCRIBED AS FOLLOWS: The external area of a curve having a radius of 25 feet and tangents which are 25 feet South and parallel with the centerline of N.E. 31st Street and 35 feet West of and parallel with the centerline of N.E. 2nd Avenue. AND LESS THAT PORTION OF LOT 7, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF DESCRIBED AS FOLLOWS: The external area of a circular curve having a radius of 25 feet and tangents which are 25 feet north of and parallel with the centerline of N.E. 30 Street and 35 feet west of and parallel with the centerline of N.E. 2nd Avenue. Parcel l3 fSales Center Parcel): Lots 12 through 16, Block 1, of WEST BROADMOOR SUBDIVISION, according to the plat thereof, as recorded in Plat Book 3, Page 60, of the Public Records of Miami -Dade County, Florida. Parcel A and Parcel B are collectively also known as: Lots 12 through 16, Block 1 and Lots 1 through 7, Block 2 and Lots 11 through 14, Block 3 and Lots 6 and 7, Block 4, and Lots 1 through 4, Block 5 of WEST BROADMOOR, according to the plat thereof as recorded in Plat Book 3, at Page 60 of the Public Records of Dade County, Florida, and Tracts "A" and "B" of THATCHER SUBDIVISION, according to the plat thereof as recorded in Plat Book 126, at Page 68 of the Public Records of Dade County, Florida, and Lots 3 through 7 of WESTERN BOULEVARD TRACT, according to the plat thereof as recorded in Plat Book 1. at Page 108 of the Public Records of Dade County, Florida. Less the East 10.00 feet of Lots 1, 2, 3, 4, and 7, Block 2 of WEST BROADMOOR. according to the plat thereof as recorded in Plat Book 3, at page 60 of the Public Records of Dade County, Florida. AND Less the North 2.5 feet of Lot 1 except the East 10 feet thereof, Block 2, the North 2.5 feet of Lot 14, Block 3, of WEST BROADMOOR, according to the plat thereof, as recorded in Plat Book 3, at Page 60 of the Public Records of Dade County, Florida. AND LESS THAT PORTION OF LOT 1, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF AND THE NORTH 2.5 FEET THEREOF DESCRIBED AS FOLLOWS: 2 The external area of a circular curve concave to the Southwest having a radius of 25 feet and tangents which are 27.50 feet South and parallel with the centerline of N.E. 31 st Street and 35 feet West of and parallel with the centerline of N.E. 2nd Avenue. AND LESS THAT PORTION OF LOT 7, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF DESCRIBED AS FOLLOWS: The external area of a circular curve concave to the Southwest having a radius of 25 feet and tangents which are 25 feet North of and parallel with the centerline of N.E. 30 Street and 35 feet West of and parallel with the centerline of N.E. 2nd Avenue. AND Including those portions of N.E. 30"' Street and N.E. 315 Street Lying 35.00 Feet West of the Centerline of N.E. 2nd Avenue. Basing our opinion on said policy and updates covering same period, we are of the opinion that on the last mentioned date, the fee simple title to the above -described real property was vested in: As to the Parcel A: Biscayne Venture Development LLC, a Florida limited liability company As to the Parcel B: Casam 3110 LLC, a Florida limited liability company Subject to the following encumbrances, liens and other exceptions: GENERAL EXCEPTIONS AS TO PARCELS A AND B: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS AS TO PARCEL A ONLY: 1. Covenant to Run With the Land with the City of Miami regarding the future construction of a sidewalk, curb and gutter dated June 25, 1979 and recorded July 20, 1979 in Official Records Book 10458, at Page 2054. 3 2. Six (6) foot wide easements in favor of Southern Bell Telephone and Telegraph Company as set forth in Plat of Thatcher Subdivision, recorded in Plat Book 126, at Page 68. 3. Unity of Title to construct a parking lot on Parcel 3 for the use and benefit of a portion of Parcel 2, as set forth in instrument recorded May 16, 1986 in Official Records Book 12891, at Page 1048. 4. Covenant to Run with the Land with the City of Miami for the future construction of a sidewalk, curb and gutter dated October 22, 1985 and recorded November 8, 1985 in Official Records Book 12694, at Page 2825. 5. Covenant to Run With the Land in favor of the City of Miami for the future construction of full width improvements along N.E. 1st Court, a street abutting the property, recorded April 11, 1985 in Official Records Book 12474, at Page 1814. 6. Easement granted by Fort Dallas Docks, Inc. to Metropolitan Dade County over a portion of Parcel 1 for water and/or sewer facilities pursuant to that Grant of Easement dated June 24, 1987 and recorded July 29, 1987 in Official Records Book 13361. at Page 2733. 7. Easement granted by Fort Dallas Docks, Inc. to Florida Power and Light Company for the installation and maintenance of electric service equipment dated July 2, 1987 and recorded July 27, 1987 in Official Records Book 13357, at Page 1868. 8 Unity of Title in favor of the City of Miami dated July 9, 1991 and recorded July 26, 1991 in Official Records Book 15124, at Page 1469. 9. Unity of Title in favor of Metropolitan Dade County dated August 4, 1991 and recorded February 11, 1992 in Official Records Book 15382, at Page 1372. 10. Covenant to Run with the Land in favor of the City of Miami for the future construction of a sidewalk, curb and gutter, dated April 21, 1977 and recorded May 31, 1977 in Official Records Book 9696, at Page 2148. 11. Boundary Survey prepared by John Liptak of E. R. Brownell & Associates, Inc. dated August 13, 2003, as last revised on February 5, 2004 under job number 55616 and survey number LS-2388 reveals the following: a. Encroachment of catch basin and planter over the boundary line of Lot 14 in Block 3 of West Broadmoor Plat Book 3, Page 60. b. Evidence of utilities running throughout subject not located within recorded easement areas. c. Encroachment of fence along westerly line of subject property. d. Encroachment of One Story CBS Building containing 4,681 square feet over that six foot Southern Telephone and Telegraph easement and encroaching over the westerly line of Tract A of Plat Book 126, Page 68. 4 12. Mortgage and Fixture Filing between Biscayne Venture Development LLC, a Florida limited liability company and Fremont Investment & Loan, a California industrial bank dated May 18, 2004 and recorded May 25, 2004 in Official Records Book 22333, Page 1938. 13. Assignment of Rents and Leases given by Biscayne Venture Development LLC, a Florida limited liability company to Fremont Investment & Loan, a California industrial bank dated May 18, 2004 and recorded May 25, 2004 in Official Records Book 22333, Page 1960. 14. UCC-1 Financing Statement given by Biscayne Venture Development LLC, a Florida limited liability company, as debtor to Fremont Investment & Loan, a California industrial bank, as secured party, recorded May 25, 2004 in Official Records Book 22233, Page 2009. 15. Accomodation Mortgage, Security Agreement and Fixture Filing made by Biscayne Venture Development LLC, a Florida limited liability company, as Mortgagor, and Casam 3110 LLC, a Florida limited liability company, as Borrower, to Fremont Investment & Loan, a California industrial bank, as secured party, recorded May 25, 2004 in Official Records Book 22333, Page 1970. 16. Accomodation Assignment of Rents and Leases made by Biscayne Venture Development LLC, a Florida limited liability company, as Mortgagor, and Casam 3110 LLC, as Borrower, to Fremont Investment & Loan, a California industrial bank, as secured party, recorded May 25, 2004 in Official Records Book 22333, Page 1998. 17. Any differences, including any gaps, gores, or hiatus, which may exist between the combined overall legal description of Parcels A and B and the separate legal description of each of such parcels. This exception will be removed upon receipt of a satisfactory surveyor's affidavit. SPECIAL EXCEPTIONS AS TO PARCEL B ONLY: 18. Reservations, Dedications and Easements contained on the Plat of West Broadmoor Subdivision, recorded in Plat Book 3, Page 60. 19. Covenants running with the land recorded in Official Records Book 12300, Page 2135, allowing a perpetual easement for parking. 20. The following state of facts as disclosed by survey prepared by E.R. Brownell & Associates, Inc., dated January 26, 2004, last revised February 25, 2004 under J.N. 55812: (a) Overhead powerline encroach into southern and eastern boundaries of the property. (b) Concrete surface/sidewalk encroaches beyond the south and east boundaries of the property. (c) Fire hydrant encroaches into easement boundary of the property. (d) 4 planters encroach beyond the eastern boundary of the property. 5 (e) Water meters found in the eastern portion of the property that encroaches beyond the east boundary of the property. (f) Several catch basins throughout the subject property. (g) 2.5 foot zoned street line per City Atlas running within and along the south boundary of the subject property. Exception is hereby taken for the rights of the public in and to the use of this area. (h) Wood pole located in the southeast corner of the subject property. (i) Single support sign encroaches beyond the east boundary of the property. (j) Chain link fence encroaches beyond the west boundary of the property. 21. Mortgage and Fixture Filing between Casam 3110 LLC, a Florida limited liability company and Fremont Investment & Loan, a California industrial bank dated May 18, 2004 and recorded May 25, 2004 in Official Records Book 22333, Page 1437. 22. Assignment of Rents (and Leases) given by Casam 3110 LLC, a Florida limited liability company to Fremont Investment & Loan, a California industrial bank dated May 18, 2004 and recorded May 25, 2004 in Official Records Book 22333, Page 1458. 23. UCC-1 Financing Statement given by Casam 3110 LLC, a Florida limited liability company, as debtor to Fremont Investment & Loan, a California industrial bank, as secured party, recorded May 25, 2004 in Official Records Book 22333, Page 1503. 24. Accomodation Mortgage, Security Agreement and Fixture Filing made by Casam 3110 LLC, a Florida limited liability company, as Mortgagor, and Biscayne Venture Development LLC, a Florida limited liability company, as Borrower, to Fremont Investment & Loan, a California industrial bank, as secured party, recorded May 25, 2004 in Official Records Book 22333, Page 1467. 25. Accomodation Assignment of Rents (and Leases) made by Casam 3110 LLC, a Florida limited liability company, as Assignor, and Biscayne Venture Development LLC, a Florida limited liability company, as Borrower, to Fremont Investment & Loan, a California industrial bank, as secured party, recorded May 25, 2004 in Official Records Book 22333, Page 1494. 26. Notice of Commencement recorded October 14, 2003 in Official Records Book 21739, Page 1035. 27. Any differences, including any gaps, gores, or hiatus, which may exist between the combined overall legal description of Parcels A and B and the separate legal description of each of such parcels. This exception will be removed upon receipt of a satisfactory surveyor's affidavit. NOTE: All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida, unless otherwise indicated. 6 I HEREBY CERTIFY that I have reviewed all of the aforementioned encumbrances and exceptions. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant to CITY OF MIAMI, FLORIDA and/or MIAMI- DADE COUNTY, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as BISCAYNE VENTURE. NAME INTEREST SPECIAL EXCEPTION NO(S). Biscayne Venture Development LLC Casam 3110 LLC Fremont Investment & Loan Fremont investment & Loan Owner (Parcel A) Owner (Parcel B) Mortgagee (Parcel A) Mortgagee (Parcel B) N/A N/A 12, 15 21, 24 1, the undersigned further certify that 1 am an attorney -at -law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 6th day of August, 2004. \1MIA-SR V011I570531v0318/6iO4 GREENBERG TRAURIG, P.A. By: Name: Brenda M. Fernandez Florida Bar No. 050161 I 7 This Document Prepared By and Return to: COLESN O'LEARY HENDERSON, ESQ. HAYRURST TITLE SERVICES, INC. 2501 SOUTE SAYSHORE DRIVE SUITE #I 250 COCONUT GROVE, FL 33133 PareellnNumbm 01 31 25 003 0090 Warranty Deed 1111111111111111111111111111111111111111111111 cart 2003RO73224i7 OR Bk 21703 Pa 1616I (toe) RECORDED 10/01/2003 12:53:07 DEED DOC TAX 10,800.00 SURTAX Er100.00 HARVEY Walt, CLERK OF COURT MIIAP I-DADE COUNTY r FLORIDA LAST PAGE This Indenture, Made this day of September , 2003 MEDIA DISTRICT CORPORATION, a corporation existing under the State of Florida or [hc Coumy of MIAMI-DADE , State of Florida CASAM 3110 LLC, a Florida limited liability company whose address is: A D.. Between the laws of , grantor, and of the County of el.cri Stale of 7t[ssottrc1 , grantee. \ itnesseth that the GRANT Oft, tin and in consideration of the suer of TEN DOLLARS ($10) DOLLARS. and othet good and valuable consideraG©n to GRANTOR in bad paid by GRANTbti, the receipt whereof is hereby acknowledged_ has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successars and assigns forever, the following described land, situate, lying and being io the County of Ml and -Dade State of Florida io wit: Lots 12 through 16, Block 1, of WEST BROADMOOR SUBDIVISION, according to the plat thereof, as recorded in Plat Book 3, at Page 60, of the Public Records of Miami -Dade County, Florida. Subject to restrictions, reservations and easements of record, if any, but this reference shall not operate to reimpose same,and taxes for the year 2003 and subsequent years. and the grantor does hereby fully warrant the title to said land, mul will defend the same aqainst lawful cluirns of a13 persons whomsoever. In Witness 1 ereof, thr ssan1or has hercrm[n sc is band and s.`ul tha day and year :.n, ahu's' w jn our presence: MEDIA DISTRICT By: d Name ss STATE OF iluriMa COUNTY OF MIkifl . {�'4l /per( -The rrregcing instrument was acknowie`dggad b lore are this / .5f° day of MICHAEL ROBINSON, PRESIDE of MEDIA DISTRICT Corporation, on behalf of the corporation Ise is personally known to mo or he has produced his Florida driver ION (Seat) 0- P ENT Y.O. A;Icirnss: 2243 Fisher !eland Drive. FISHER 15 AND, FL 33104 ROBERT M. PHILLIPS NOTARY PUBLIC -NOTARY SEAL STATE OF MISSOURI CLAY OOUNTY ,!. leg u f..a .I „„e ilaiou!N h c his5'y ayones. n Book21703IPage1616 tad (Corporate Seal) September CORPORA +.•, a Florida Notary Public t'onunisaicon l0upires: 026/, u[, f teio 5 110 w,0 F1,1, .3 ff ��T Page 1 of 1 , 2003 by ip After recording return to: Steven A. Landy, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Property Appraiser's Parcel ID #'s 01-3125-003-0130 01-3125-003-0160 01-3125-003-0170 01-3125-072-0010 Grantee's Tax ID #: q'D — 0/4 591E 7 I� t!11111111111111111111111f11111ffif11111 GFN 2OOZ3R0 :7977 3 OR $k 21854 Fss 2666 - 2669'r (4P9s) RECORDED 11/26/2003 12=40250 DEED DOC TAX 7,908.00 SURTAX 5,931.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this Z Lday of November, 2003, between FORT DALLAS DOCKS, INC., a Florida corporation (the "Grantor"), whose post office address is 3030 N.E. 2nd Avenue, Miami, Florida 33137, Attn: Raul Fernandez, and BISCAYNE VENTURE DEVELOPMENT LLC, a Florida limited liability company (the "Grantee"), whose post office address is c/o Midtown Equities, 417 Fifth Avenue, 9th Floor New York, New York 10016. WITNESSETH: THAT the Grantor, for and in consideration of the sum of TEN AND NO/l00 DOLLARS ($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirm unto Grantee, all that certain land situate in Miami -Dade County, Florida, and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). THIS conveyance is subject to the following: 1 Taxes and assessments for the year 2004, and subsequent years. 2. All of the matters set forth in Exhibit "B" attached hereto and made a part hereof, but this shall not serve to reimpose same. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the MIA 278007-1.022063.0146 Book21854/Page2666 Page 1 of 4 A9" Property; and that Grantor does hereby warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none others. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed in its name and its corporate seal to be hereunto affixed by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: GRANTOR: FORT DALLAS DOCKS, INC., a Florida corporation Print Name: /ear- • , "ceFu��. By: ix. i A c ..chi Print Namc: Pn'c i, a OH tU STATE OF FLORIDA) )SS: COUNTY OF f(cov-4/4-ilD' ) Print Name: Joseph W. Bradley Title: Vice President [CORPORATE SEAL] The fore oing instrument was ackrowldged before me this0 day of November, 2003, by %ove. 4,11 e. , as a/the ice. e:sa k of FORT DALLAS DOCKS, INC., a Florida corporation, on behalf of such entity. He is personally known to me educed c e identification. This instrument was prepared by: Gregg H. Fierman, Esq. McDermott, Will & Emery 201 South Biscayne Boulevard Suite 2200 Miami, Florida 33131 M14 278097-/.0220610146 _2- ' t Name: BAEA *AN_ A 4b NOTARY PUBLIC State of Florida oatw My Commission Expires: 7t 710 g IMMARAA M.103IN.AI D NIOTMY STATE OF MOO Nil I MF!OT47 t Book21854/Page2667 Page 2 of 4 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Lot 7, in Block 4 and Lot 1, in Block 5, of WEST BROADMOOR, according to the Plat thereof, as recorded in Plat Book 3, at Page 60, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Tract A of THATCHER R SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 126, at Page 68, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 7, less the Bast 10 feet thereof, in Block 2, of WEST BROADMOOR, according to the Plat thereof, as recorded in Plat Book 3, at Page 60, of the Public Records of Miami -Dade County, Florida, LESS THAT PORTION OF LOT 7, LESS THE EAST 10 FEET THEREOF DESCRIBED AS FOLLOWS: The external area of a circular curve having a radius of 25 feet and tangents which are 25 feet north of and parallel with the centerline of N.E. 30th Street and 35 feet west of and parallel with the centerline ofN.E. 2"d Avenue. ML( 278007-1.022063.0J46 Book21854/Page2668 -3- Page 3 of 4 h ,3Y 23_8 4- PG 2669 LAST PAGE EXHIBIT "B" TO SPECIAL WARRANTY DEED FROM FORT DALLAS DOCKS, INC. TO VENTURE BISCAYNE YEN I DEVELOPMENT LLC 1. Rights of Chiquita Brands Company, unrecordedf lease between uNorth rands America, as tenant only, pursuant to that certain Development LLC dated as of the date hereof; TheaSe North erminates aAmerica nd Biscayne Venture before June 30, 2004. pursuant to its terms on or 2. Matters which would be disclosed by an accurate survey and inspection of the premises. 3. Taxes and assessments for the year 2004 and subsequent years, which are not yet due and payable. 4. Six (6) foot wide easements in favor of Southern Bell Telephone and Telegraph Company as set forth in Plat of Thatcher Subdivision, recorded in Plat Book 126, at Page 68. 5. Unity of Title to construct a parking lot on Parcel 3 for the use and benefit of a portion of Parcel 2, as set forth in instrument recorded May 16, 1986, in Official Records Book 12891, at Page I048. 6. Covenant to Run With the Land in favor of the City of Miami for the future construction of full width improvements along N.E. 1st Court, a street abutting the property, recorded April 11, 1985, in Official Records Book 12474, at Page 1814. 7. Easement granted by Fort Dallas Docks, Inc. to Metropolitan Dade County over a portion of Parcel 1 for water and/or sewer facilities pursuant to that Grant of Easement dated June 24, 1987, and recorded July 29, 1987, in Official Records Book 13361, at Page 2733. 8. Easement granted by Fort Dallas Docks, Inc. to Florida Power and Light Company for the installation and maintenance of electric service equipment dated July 2, 1987, and recorded July 27, 1987, in Official Records Book 13357, at Page 1868. 9. Unity of Title in favor of the City of Miami dated July 9, 1991, and recorded July 26, 1991, in Of icial Records Book 15124, at Page 1469. 10. Unity of Title in favor of Metropolitan Dade County dated August 4, 1991, and recorded February II, 1992, in Official Records Book 15382, at Page 1372. ALL RECORDINGS REFER TO THE PUBLIC RECORDS OF MIAMI DA DE COUNTY, FLORIDA. MIA 178007-1.0110610146 -4- Book21854/Page2669 Page 4 of 4