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HomeMy WebLinkAboutApplication & Supp DocsBILZIN SUMBERG BAENA PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 • MIAM1, FLORIDA 33131-5340 TELEPHONE: (3O5) 374-7580 • FAX: (305) 374--7593 E-MAIL: INFOcBILZIN.COM • WWW.BILZIN.COM Vicky Garcia- Toledo, P.A. Direct Dial: (305) 350-2409 Direct Facsimile: (305) 351-2233 E-mail: vy.t(u)bilzin.com April 6, 2004 VIA HAND DELIVERY Ms. Teresita Fernandez Director, Hearing Board Section City of Miami Seventh Floor 444 S.W. Second Avenue Miami, Florida 33128 Re: Miami River LLC LETTER OF INTENT Dear Ms. Fernandez: This firm represents Miami River LLC with respect to certain matters, including the instant request for amendments to the Miami Comprehensive Neighborhood Plan and Miami Zoning Atlas. These applications are being submitted as part of a Major Use Special Permit, which will travel approximately a month behind these applications, to create a timeline, which will bring all applications before the City Commission for final approval at the same time. The subject property is currently designated and zoned as Office. We believe that this is no longer appropriate for this property. We request that the subject property be designated Restricted Commercial and zoned, SD-6, Central Commercial Residential District. Such land use and zoning modifications would be consistent with the adjacent property to the east, which will have a symbiotic development design with the subject property. Please be aware that these applications apply to three separate parcels of land that have been r educed t o t he o ne a ddress p rovided i n the applications. P lease n ote t hat 9 0 S W Third Street includes the 0.46 acre triangle shaped parcel lying north of SW Third Street. As always, we want to answer any questions or provide any additional i nformation or documentation that you might find helpful. If we can be of assistance, please do not hesitate to contact me at (305) 350-2409. Garcia -Toledo 20126/670310 yk7_ DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 71h Floor ♦ Miami, Florida 33130 Telephone 305-416-2030 ♦ Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT 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 O F 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 d esire to make a presentation b efore city b oards, committees and the city commission. An a dditional r ecordation c ost for t he r esolution i s $ 6.00 for the first p age a nd $ 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 U se Change (Amend the Comprehensive Neighborhood Plan) w ill n of 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. 17583812012614 670312 v 1 4/7/04 10:20 AM I, A. Vicky Garcia -Toledo, P.A., on behalf of Miami River, LLC hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 90 SW Third, Street, FL (alk/a 55 and 92 SW Third Street) 2. Folio number: current 01-0100-000-0320 (the following folio numbers were folded into the current folio number: 01-0100-000-0290, 0291, 0293, 0296, and 01-0100- 000-0297) 3. Two (2) 11 x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). 5. 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). 6. At least two photographs that show the entire property (land and improvements). 7. 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. 8. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See Exhibit "A" 9. Present zoning designation(s): "0" office Future zoning designation(s): "SD-6" Central Commercial Residential District 10. Statement explaining why present zoning designation is inappropriate. Current designation is inconsistent with development trends and does not allow for the best use. 11. Statement as to why proposed zoning designation is appropriate. The proposed designation will allow development consistent with current trends and housing demands, as well as the same designation as property to the east and north of the subject property. 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 i nformation.) T he property is o n the banks of t he M iami River a nd, therefore, in the archeological zone. 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.) No. 2 175838120126\ # 670312 v 1 417/04 10:20 AM 14. What is the acreage of the project/property site? 7.26 net acres Minimum C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum 15. What is the purpose of this application/nature of proposed use? Residential project consisting of three buildings 16. All documents, reports, studies, exhibits (8 1 /2x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 17. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 18. Cost of processing according to the City Code: Change of zoning classification: CS, PR, RE 1, R❑2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, GII, HP per square foot of net lot area $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $1,000.00 Public hearing and public meeting mail notice fees, irgltd t of handling and mailing per notice $ 3.50 Signature 7% Address Bilzin Sumberq Baena Price & Name A, Vicky Garcia -Toledo, Esquire Telephone 305-350-2409 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2004, by A. IA Gacc-tc+- 1- kd,2 €5 • who is a(n) in 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. Axelrod LLP 200 S. Biscayne Blvd., Suite 2500 Miami, Florida 33131 Date April , 2004 (Stamp) VANESSA CAS11LLO MY COMMISSION # LID 19I1627 EXPIRES: Jury 11, 2007 Bonded Thtu Nat=_ry Prkire Und rwhters Signature 3 175838120126\ # 670312 v 1 4/7/04 10:20 AM AFFIDAVIT Before rye, the undersigned authority, this day personally appeared A. Vicky Garcia -Toledo, Esquire, P.A., who, being by me first sworn, deposes and says: 1. That she is 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 she represents, if any, have given their full and complete permission for her to act on their behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case they should be contacted at 305-350-2409 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 she is the 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. A. Vicky Garcia -Toledo, Esquire, P.A. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant gnatu.re A. Vicky arcia-Toledo, Esquire, P.A. Attorney for Owner The foregoing instrument was acknowledged before me this 1 day of April, 2104, by A. Vicky G r >a - Toledo, Esquire, who is a(n) n individuatl artner/a ent/cor oratio:_' _` �' `: I/.I a(n) individual/partnership/corporation. S he i s e ersona oath. (Stamp) .". VANESSA CASTILLO MY COMMISSION # DI3199627 = IRES: July 11, 20 Prt �:�'EXP , Banded Thru Notary Pubc L'n07 Q writers Signature o me anddidnottake an 175838`201271 # 658919 v 1 4/1/04 1:08 PM OWNER' S LIST Owner's Name: MIAMI RIVER, LLC c/o A. Vicky Garcia -Toledo, Esquire, PA Bilzin Sumberg Baena Price & Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Boulevard Mailing Address: Miami, Florida 33131 Telephone Number:005) 350-2409 Legal Description: See Exhibit "A" Owner's Name: N/A Mailing Address: Telephone Number: Legal Description: Owner's Name: N/A Mailing Address: Telephone Number: Legal Description: Any other real estate property owned individually, jointly or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description Folio Numbers: NOT APPLICABLE 175838120127\ # 658919 v 1 4/6104 12:39 PM DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 90 S.W. Third Street (alk/a 55 S.W. Third Street and 92 S.W. Third Street) See attached Exhibit "A". 2. Owner(s) of subject real Property and percentage of ownership. Note: Section 2-618 of 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 attached Exhibit "B". 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. N/A A. Vicky Garcia -To edo, Esquire, P.A. Attorney for Own STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of P , 2004 by A. Vicky Garcia -Toledo, Esquire, PA, Attorney for Miami River, LLC, on behalf of the corporation, who is p rsonally known to me and who did not take an oath. VANESSA CAS11LLO MY COMMISSION # od 199627 EXPIRES: July 11, 2007 E+oncledThru Nan' Urrderwrtters Vid Name: Notary Public -State of Florida Commission No: My Commission Expires: 175838\2012714 658919 v 1 4/7104 10:26 AM PARCEL I: A portion o` SeChon 37, Township 34 South, Range 1 East" hieing more particularly deo:abed as tcllo�n's: S.W.Street end the monument Commence at the intersection cif thc- monument line of SW3rd , sind the TFi meat fine of S. T. 1s1 Court, as shown an Plat entitled M1AMi SEAM : �,.. C L�ublic he eof, cordeid n Plat Book 50, Page. PROPERTY, according to the fiat thereof, .. re �3�,"i�„ East ,�i ;nn said Records of Miam0Dade County, 0lorida; thence run North h 57 monument fine of S.W. 3rd Strut for n di3tan to of i 14,D-1 feet to 2 point of intersection with the Westarly ri6h.t-cif-way Tine of the Metropolitan Miarni-trade County RnPid Transit Auth^riiy, thence canti�uing aQg Metropolitan Miami -Dade Cour,ly Rapid id Transit Authority right-of-way line, run South C2'15'001" East far a that- nce of 30 feett'-, a point or the East line of said Miarni Steam Electric Station Property; thence. run South: C2`1935" East along said Westerly right-of-way lies o` Metrcpolitan Miami --Dade County Rapid Transit ;et� e; deflection. thenc run Niorih i Authority, for a r9istancU of 143,73e paint o' 15.50 feet tr 2 point of d fi tlon, alRr� afcr��2ic, riy'i-of-way nc. for ad'Siaof run South i�����".�Ci East continuing along said Transit. Authority's rghline, tine, of ' parcel of inns hereinafter to he for a distance of 30�.:, fee,: t� the Pointf7CCin�l,e� C7 the- � r � 1lt1� ruin SDutL� desoribted: thence continuing a-iong Sold i,`arr Authority's ri'an_-of-iway 02' i5'3E" East for a distance of 34I feet to point of defjentlDfl; th8'no&_, ^ontiinuin0 aion said Transit Authority's ; igh;-:af-way lino, run South 8 s44`22., vest for a d€stance of 20,50 feat point �f .hience continuing along said Transit Authority's right-of-way line, 1� � ��ftECrJCr;, r , � e low water iit�e �f the 2 15'38" East c of 45.47 f�eit to a point on th run South � for � df5-�i1 � ,. Miami River; thence run South S5'35'53" We.st along the I st desarlbe line for : diSleancie 34.01 feet to a point of Enter rsWt an with the Westerly right-of-way boundary of the Florida East Coast Railway Company proPe"�°; thence run North 02 1 7'5. 1�N .st along tl-, task described line for a distance of 235.a9 feet Loa saint of defieet'ion; thence continuing along 9 said Railwayright-�f-way hboundary, run N4ri;7 8":� "?a°55" East for a distarn of 25.22 fleet to a..point of defiectlan; tnenc.e continuing Tong said Railw3y's right-of-woy bround2y, fun Nosh 02'17'39" West for a distance of S5.00 feet to a point of d fieu Orl; thence continuing a}on..c Said Railway's right-of-way bounder y, run North 15 "52 23' Erik for a distance of 75.5.1 feet to tie Paint of Beginning. Bearings shown refor id the Plan Rectenguiar Coprdinste SysLom 'for the East Zone of Florida on all three 13) parr els, PARCEL_ 3: A portion of Section 37, Township 54 South, Range 41 East, being mor; particularly describ:.d as follows; and the rnonumont CommenceCommence"+3>', the,the,Int?rSeC?1Cir of the monument Ilse of S.W." Ord Street _� ., c` i �P`i STEAM EL_EC i 1O a ATi shown 0'i Plat entitled I�Ir3r44k hC�� ,- Ir;e of S.W. First Court, as �>"� �, � �, i e Bock Paine 25 u0fin PROPERTY, a�C:rdlap o t�l� Plat thereof, recordedr Flay r,;� � -; ��id Florida;thence. run North 5 35'1a East along Records of � fti4;t�ri)�-lra�„ County,�s>r nonii ent line of 5. i. 3rd Stroet far a distance of 11 1paint .04 feet to r= of intersection L'aJt : oe Jet e iten furl! Ccur ti -Cade yi ;-,'.�rsi ransit tf]� �''J85teriy r}��-,�f-W2]-� lima � the rcl". l A.t dr:ty; the^ce. run SoI,at;-1 G2 i5'�1' East along 1ss-describad link, for destarw�. J" t �I�� ��Y Property; 30.30 reef to a point or. the Eest boundary of said Miami 5Learr, Electric Stetionr thence run Norti-F e7a3 ,r4' East along the Sautr0eny 3'it;h of -way tine of:SAN. 3r:f StU 1 for a distance of 54,50 feet to the point of inlorsectian with tha Easterly riot3t-of-way bot. �dar y cif said Transit Authority, said point being the Point Dr 6eigihnind of the parcel or ,arid hereinafter to be descrihen; thence run South 02"i0'JB' East along the Iasi-desurioed tine r,Jnies � � ^1 feet to a mini of deflection, theric e run f Wirth otherwise stated for � distance of �.��.., � i- r.� r 87°.��i'22" has€ for a distance of 20.50 fret to a point of deflection; thence n South O2'15"30' East for a CiIstanoe of 3"I.96 reel to a point of interseotinn with the low water fine of the Miami River; thertse run North 72°416'03' East for a distance of 343,50 fe6" to tha point of intersection wifh the ',Easterly right-ef-way Ooundary of the Elonda Z st C,aasf Railway Cnrrtpgny Property, said point being also the SnuthV>lest corner of Tract R, THA• T G=IER ENTERPRISE=S PROPERTY, Par BooK 7S, Page 40, Pubiic (Records of Miami -Dade County, Florida; thence. run North 02°1 g'24" West, along the Easterly boundary of said Railway Company's Property being the West boundary of said Tract A of Thatcher Enterprises' Property and its Northerly extension, and zIc;nd the West boundary of Lot 12, I look -135 NO City of Miami, Plat ook 8, Page 41, Public, Records of Miarni-n.ade County, Florida, fora distance of e46.00 feet to the Nortt;W :.t corhe.r thereof; thanae rdr; South S7-4D'32" West along the said Railway Goflpahv's'Property, sing oiso abne the Smith boundary of Lots S and 9 of wild Bbbok 135 Nvrtn, fora .distance nr -100_O0 feet to the, outht'Vewt Corner �Qi the sail. RE3flw2y Cnr�nparry'S PrD aIt,r Y, of said Lot 9; thence run 3�fortY, G � � �4" West, along � � , �C,L1Lr feet. of s i Lot BlacK 135 North, for a distance of being �„�n� the West ivti;�nd�y a a w, fa t'le NorthW2s: corner the e.o`, said corner b.eing on the Southerly right--of-way bounriar ' of ,S.W. 3rd Street; thence run South 87°52'55' West along t`� the 1a5t-descrl Sed is'l-nutfi�ierl, aright-at-way diGtaricia of 225,37 feet to 3 point Of deflection; thence continuing DICfg , e r boundary rf S.W 3rd Strut, run South 87'39'14" West, a distonoe of 25..90 feet to the Point of Beginning_ A PAR 1...1]!: A portion of Seot'or 37,Township 4 SrLiIt. Range 41EDSt. "rMrL: 3oIrtiosia"i} deisnrihott folios' ,' Commence at the intershc icr of the monument lire of S.W. 3rd EtsPlilitt rind h m� _im�ni 3Atfl STEAM ELECTRIC 0 A iQ -`R_}c ErTY, 4ine of S_s shown �n M '�' '� �'' 1st Court, � x �1- aosorcin9 to tho Plat thpreot, rec rditd in Plat Book 52, P e µ ubiic i leyords r Misr Dada County: Florida; thence. run North Eawt along said monument line of S W_ 3rd S;reat for 114,04 feet to r point of intersedition with the 4Nolsterly right-of-way iirie of the. Metropolitan Miami -Dude County F;r4Dici Transit Authority, thence run North D2°15'01" West along said right-Qt-way line, fora tdistance of 3[100 feel to point an the Easteny line of E3i cf: 3 of Mini"rf l arohouse Company's Sunciivision, according to the Plat thereof, recorded in Plat Ekoic 12, P'age 2, Pudic Rcoords of f, iami-Deste County, Florida; thence run North 87`3.9'i.1" East siong the Northerly right -of -- Way line f So distance of 5 .1•3 #eot to pr irnt of intersection with the �,a Ji, e c. �.,�'J� 3rd�tre� i�' ° � _ Easterly right-of-way ltti or Sold MCtropoiitan #'y'liamtR ?-Dada County opid Transit Authority f the oeir of i lama thafter to be des�rib d thence run North �P,CJ the; Point u' �c�lnrilr3,y�' � - ,.- and h r� _ 02`1-'3;3" 1rJast, along tit-ire-G�.erbrd ling for a distan z o'1 Poe.57 rivet t , �e paint of int-elsootion with the SGuthViittisterly L im t! d Access. Rion elf-;..Ney boGndar of Sta road No- 854 (Su'rti 5 ��1j F � } 5 55cwyn1 5 Right-o -Way Map ftcorci��.i in Plat Book ' E, ,P �k w r v of M artni-L7iadc Coon.j, Florida; the�riuo run South i ��� ��, dliu „ kp `� r n � { //{{�� y� k �L,ry T� � distance D=' � .`�w feel to fdong the Lost-descri2e line and its SouthW i ly projection l r:hE ' having a r� IL 5 o �3 22 e st t:RA point of cu:vafr.�"� of a ci,l �a, concave to the f'sos�, g „ s .�„ hence run SouthE sterly` along tlhc ar of said CL.�rv"_, thrOogh. e central one of 0O-_2'23. ! �'t intersection to h 'Eastern -most right-of-way f�.��Es�ncc of 1,.G2 feet i© the point c� ;n er �wfian with the <. �„ bounds_ noun' point bear nci South2 { u'15. of t[i� FloridaFieri�a ��si �0.,:��st Railway property, West from 7.he center of trail Cu ve'; thence run South 02'1 9'2"'1 Ezist aionq the, last-descr i05d line for a distance of 24.21 feet to the point of intorsectIon with the North night -of -way th "2' Wes' e 1sst-si:�Sori od line odi.Ij tG�,r}r �I 5.1� Dfd St"�vt, ?rluc fl,1r~i J�'41t:t1 P,+! ".-. ;aP'� . �l rJii;� IR. tar : dislanoe of 22:.51 feet tc a point of deflection`, thence run South 3 7 -9' i 4" Vest ;long said North right-of-way boLlndary of S.W. 3rdr St eet for ia�distar� co or 2 .i i foot to the Point Beginning. 5oarings shown on Puroots ! 1` and 111 refer to the Pane Rectata5Uiar Coordinate System for the East Zone o, Florida. Exhibit "B" Miami River LLC 50.5 % Key International (Inigo Ardid) - 15.45 % DLJ (Dario Hinojosa) - 14.35 % FL 135 ( Fernando A. Torre) - 8.4 % March (Miguel Ardid) - 4.35 % Nicolas Estrella - 4.35 % DCSA ( Isidro Aguado) 2.6 % Red ( Rafael Ardid) Total 100 DEG-04-2003 THll 12: 51 PM fury i Wald Blond() FAX Na 305 358 9490 03 THIS i1 STRUMI wN'T WAS PR :PAIZ 1D D.o.N.YE ...M_ MACKLER, ESQ. GUNST? R, YOA L2EY & STEW'ART, P.A. 500 EAST BROW„6,.R.1) BOULEVA.R.D, SUITE 1400 hoiur LAUDEPVALE, FLDRLDA 33 394 n!i No.: SP.' CL&L W A.I-Z.RA TY DEED THIS i .DENTDRE, made this __ day of NCvernber, 2003, be-iEaoe,.w FLAGLER DEVELOPMENT COMPA_ Y a- Florida corporation; f k Commercial Rca1ty and Development Company, a Florida corporation, whose address is 10151 ..Decrwovd 2ar2 otrievard, Building 100, Suite 330, Jacksonville, Florida 32256 the. "Gantor") and ML4MI RIVER LLC, a Florida limited liability company, wbcase address is 84-, Brick.eiI Avenue,_ Suite 100 Miami, FL 33137 ("Grantee"): W I TN E S S E T H T 1 A Tti Grantor, for and in col sidoration of the sum of Teta and 'o/100 L_S. Dollc-frs ($10.00), lawf 1 money of the United States of America, to it in 'hand :laid by the Grantee, at or before the ensealing aid delivery of these presents, the receipt of which is l i- eby ac1n owe edied, has granted, bargained, sold, alienated, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm ur t° the Grantee and its his/her heirs or successors and assignees forever, the follomrina parcel of land, eituate, lying and being in the County of Miami -Dade ("County"), State of Florida, and more p- rti.cmlarl\, described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the :_I,and"), SUBJECT, T-IOW1 \TER, TO THE FOLLOWING: 1. Real property taxes, assessments and special district le�>ies, for the year 2004 and for subsequent years ?. Zoning and other regulator laws and ordinances affecting the Land. 3_ Easements, re2ervations, restrictions, rights of way, and other matters of record., if any, including, but not limited to, those certain rriattcrs set forth in EXTIHBTT T3 attached herein, without reimposing same. ?\Airters shown by a ClIrreffE and accurate survey or physical inspection of the Land. 22129:.2 DE0-04-2002 THU 1252 PM Mural Wald Biando FM NO, 305 358 9490 P, 04 TOGETHER with all and singular the. tenements, hero.ditaitntrits atiO a.pphr-rienancts bcJoiging or in any way apper,:aining. TO HAVE AND TO HOLD the same in .fee AND th.fi Grantor. hereby covenants with stid C.E;r4nt.f..-e tha i is Javwfinfly seized of the Ln h:Tchy ccnveyed n simple; tat it has god rigl]t and iawfu] authority to sell and convey said Land; that it hereby specially warrants the tir]a to said Land and will d.eftnd the same against the awiu ciain of any persons claiming by, throng} or undeir the, said Grantor, [TEXT AND SIGNATURES FOLLOW] FTL222c')2. DEC-04-2002 THU 12:52 PM Mural WaH Biondo FAX NO, 305 358 9490 I WITN.ESS WHEREar, Grantor has caused theKe presents to bn signed in its name bv ns proper officers, and its corporate sal -to bc affixed, thc day and year fiii.gt nhavc. Witnns 1.4_ c Prhted Name ofWins Titn,ss tarLtetv.,_ 4--ta A/A Printed Name of Witness FLAGLER DEVELOPME1',If COMPANY, Florida corporation, filda Conarnereal Realty ad Development Company. a Florida corporatior, By: Name: Robert F. M rft1 Vic a,6/ Chairvk STATE OF FLORIDA ) COUNTY oF St- 3ohns ) Tlie foregoing Sppiral WarrazIty Deed was aokirowiedgad before Ti'le this day c_.).f. Novembtr, 2003 by Robert F. MacSwan , as Vice Chairman of FLAGLER DEVELOPMENT COMPANY, a Florida corporation, ficia Commercial Realty and Develcpment Company, a Florida corporation, on bchalf of the company, who 6 :)s personai.iy known to mc: or ( ) prodliced as identification Signatarc of Notary Pub7jc --rh erescL LA3. fN Printed Name of -,Nicary THERESA W. RA'YNO Nutary Pbi Stew of Florida My comm. ox.piraz Dec, 26,2113 Comm Ni2, CC 8885G9 P712212.41.2 [AE- 4-2CO3 THU 12: 53 PN Mura r lea i d B i undo FRY NO. 305 3 8 949D P, 06 EXHT_"LEIT A PARCEL IO: A portion of Section 37, Township 54 South, Hanle "t East, being more particularly described as follows: Commence at the intersect on of the monument line of S V1i. 3rd 3:r et and the m riurnent line of S.W. 151 Court, as shown nn MiAMI STEAM BLE :TC,'IC STATION PROPERTY, according to the Plat thereof, recorded in Pat Book 50, Page 25, Public Records of Miarni- Dade County, Florida: thence run North 8 i `39' 14' East alone said monument fine of S.W. 3rd Street for 114.04 feet to 2 point of intersection with the Westerly right-of-way line of the Metropolitan Miami -Dade .'ounty Rapid Transit Authority; thence run North 52`1531" Wrist along said right-of-way line, for a distance of 20.50 feel td a point on the Easterry lute of Blook 3 of Miami Warehouse Company's subdivision, according to the Plat thereof, recorded in Plat Book 12, Page 2, Public Records of Miami -Dade County, Florida; thence run North 87'39.14" East along the Northerly right-of- way lime of S.W. 3rd Street for a distance of 54.49 feet to a point of intersection with the Easterly right-of-way line of said Metropolitan Miami -Dade. County Rapid Transit Authority and the Point of Beginning of the parcel of land hereinafter to be described; thence run North 0.2° i5'3t3" West along the last -described line fora distan e of '135.67 feet to the point of intersection with the Southwesterly Limited Access Right-OOl-Way boundary of State Road No, 854 (Section $73O6-::501) 68 shown on Right -of -Way Map recorded in Fiat Book 7E, Page 31, Public Records of Miami -Bade County, Florida; thence run South 5S 14'41" East along the last -described fire and its Southwesterly projection for distance of 2'51.23 feet to the point of curvature of a Curve, concave to the NorthEast, having a radius of 1 oa3.u2 feet; thence run SouthEasteriy along the are of said curve, through a central angle of 5O°29'63 7" tar a distance of 14.D2 feet to the point of intersection with the :Eastern --(Host right-df-way boundary of the Florida East Coast Railway property, said point brio South West from the center bt said curve; thence run Souitr 82°19'24' East along the iGSt-decribed line for a distance of 24.21 feet to the point of intersection with the North right-of-way aounaany of S,W, 3rd Street; thence run South 87`F2'56" West along tine lasl-uescrihed line 'qr a distance of 22ta.51 feet to a point of deflection; thence run South t37°9`14" West along said North right-of-way boundary of S,VV. 3rd Street for e distance of 25.01 feet to the Point of Beginning_ Bearings shown on Parcels 1, II and III refer to the Plane Rectangular Coordinate System for the East Zone of Florida, DEC-04-2003 THU 12:53 PH Murai Idaid Diprdo FAX NO. 30E 3'68 9090 P, 07 EXITIBIT "B" PERMITTED EXCEPTIONS 1. ;Sanitary Sower lEasemmlt as set forth in Dec Beck 344.9, Pace, 435, Miami-Thade Cowaty Records, 2. Tiiie to lands lying below the II -lean high water line dir the iv.fiaml River. F.7r_ 29 I :LI tEC-04-2003 THU 12:54 PM Mara i Wald Bicndo F'g H0, 305 358 9490 HIS INSTRUMENT WAS PREPARED E3Y: DM :EL M�TMA.CKLER(,,,ESQ. P.A.G(f-°1,,. STERN �(��iOAKLEY& STT."'r4�-�ART, A�t 71 500 AST IJ.S O V11APD E?OU...EVAR.D; SUT:E l <00 F[ n LA .MERDA LE, FLOR.[DA. 333 C244 olio No.: SPECIAL WARRANTY DELI) THIS INDE1 rURE, made this /4 day of November, 2003, 'between : 'LORIDA EAST COAST RAILWAY, L_L.C., a Florida lr'.rnited. liability corrpa y, successor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida corp:-)nration, whose address is Ono Malaga Street, St Augustine, Florida. 32084 (the "Grantor") and MIAMI RIVER LLC, a Florida Iimitcd liability company, .whose address is 848 Briek ii Avenue, Suite 7 .. Mia i FL 331 1 (,'Grantee"): WITNESSETH THAT: Gri a:cr, for and in consideration of the sum of Ten and Noll 00 i_ .S. OcU11-rs ($10_00), lawfu: money of the United States of America, to it in hand paid by the Grantee, ;at car bcfbre ensealiing and delivery of these presents, the receipt of which. is hereby acknowledged, has gran?ed, bargained, sold, alienates, remised, released, conveyed and eorr aped. a.d by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee and its/his/her heirs or successors and assignees forever, the following parcel of land, situate, lyine and being intile County of 'Miami -Dade ("County"), State of Florida, and nriore Farticui.arly described as follows: SEE EXHIBIT A ATTACHED ?fl i .I"TO AND MADE A PART HEREOF (the "Land"), SUBJECT, HOWEVER, TO THE FOLLOWING: 1. kcal property taxes, assessments, and special district levies, for the year 2004 and for subsequent years. ?. Zoning and other regulatory laws and ordinances affecting the Land. Easements, reservatic rs, re,st<-ic ions, rights of way, and other matters of record., if any, including, but not limited to, those certain matters set forth in EXHILIT B attached hereto, without reimposing same. 4. Matters shown by Li cturem and accurate s.tr'v;'y or physical inspection c, the. Land. DEG-04-2003 THU1254 PM MaraWald Biondo FIX NO, 30 358 9490 P, 09 TOGETHER with all and singular Lltenemonts, heTedita_ments and appurtetianccs theTentito belonging dr in any way appertaining. TO HAVE AND TO HOLD the same in fee simple foreYE.T. AND the Grartor 1-treby covenants; with said Grant c that it is lawfully sti2ed of the Land hereby cdnveyed n Etc simple; that it has 2bod Tight and. lawful authonity to sell and convey said Land; that it haTeby specially warrants the title to said Land and will dc.Lnd tha sarn.L,, against the lawn]] diairas of any parsons claiming by, through or under the said Cinanior. !TEXT AND SIGNATURES FOLLOW] FTL. 140 5.2 DEC-04-2003 THIS 12:55 PM Murai Wald Biundo FAX Na 300 358 9490 P. 10 IN \WITNESS WHEREOF; Grantor has caused thesc �se7 t re - s ;�_ is be sl p,riet-1 'a name by Its ro cr of ictrs and its ocw1 ora i seal tc be affixed,the s � . above r t � �' � day and �%��l" �1='"''s. 'el:] V,� Vi'sl.. II FLORIDA EAST COAST RAILWAY, L ld.0 , 'n Florida ?:n :teei liability company, suacsssor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida oo poraCio: Printed Name of Wimess Printed Name of Witness STAT.. Or FLORIDA ) )ss.. COUNTY OF St. Jolins ) The foregoing Special Warranty Deed was acknowledged before ne this Z 1i t,h day of November, 20D3 by Robert F. Mac In a s Exec, Vice Pres1€ dht FLORIDA EAST COAST RAILWAY, L.L.C., a Florida limited laabiIiry company, sucoot sor dy merger to FLORIDA EAST COAST R 1T WAY COMPANY, a Florida oozporat.on, ex: baiaal,f of tha cotnpaiv, wlao ( x ) is personally known to Mc, or ( ) 'produced as identification, Signature of Notar Pubs •_ f ti e rresc. Printed Name of Notary 'tiblic THERESA W. RAYNO Notary Pubiic, State of Faorida My comm. expirus Dec. 26, 2003 Comm. No. CC 88F532 P'I'L _' L4015.2 - DEC-04-2003 THU 1255 PM Mural WaA Blond° Fg NO. SE 35B 9490 P, 11 Ex,HIBIT A PARCEL A pertion of Section a7, Township 54 South, Range Al East. being more part uialy described as follows: Commence at the intersection of the monument line of S•Wi :3rd Street ad the mc'nument line of S.W. lst Court, as shown on Plat entitled ti.,11AMi STEAM ELECTRJC STATION PROPERTY, according to the Plat thereof, recorded in Plat Book 53, Page 25, Pubiic Records of Mierni-Dade County, Florida; thence run North 573914" East alum said monument irieof S.W. 3rd Street for a distance of 114,04 feet to 2 point of intersection with the Westerly right,of-way line of the Metropolitan Miami -Dade County Rapid Transit Authority; thence continuing along said rvietropoliten Miami -Dade County Rapid Transit Authority right-of-way line; run South 02'150'1" East for a distance of 50 feet to a point on the E2 ne of said Miami Steam Electric Station Property; thence run South D21938" East along said Westerly ridnt-of-way ling of Metropolitan Miami -Dade County Rapid Transit Authority, for a distande of 143,75 feet to a point of de.flention; thenCe run North 874422" East along aforesaid rignt-of-way line for a distance of 15.50 feet to a point of deflection; thence continuing along said Transit Author4's rlghit-uf-way lint> run Scl-ith 021 E3S E-2st for a distance of 388.44 feet to the Point of Beginning cf the. parcel of and hereinafter to be described; thenoie continuing along said Transit Authority's right-of-way line, ran South 0215'38" East for a distance of 341,01 feet to a paint of deflection: thEr.,hcF,-, confuting along said Transit Authority's right-of-way iine‘ run South 87944'22" west for a distance Of 20,50 feet to a point Of defieotion, thence continuing along 5ad Transit Authority's right-of-way line, fun South 0241538" East, for a distance of 413,47 feet to a point on Me low water line of the Miami River; thence run South 55'3553" West along the iast described line for a distance of 34.01 feet to a point ef intersection with the Westerly right-of-way boundary of the Florida East Coast Railway Company property; thence run North 071753West along the last nescribed line for a distance of 2.35,80 feet to a point of detleotion; thence centinuing aidng said Railway's right-of-way boundary, run North 892356 East for a distance of 25.22 feet to a point Pf deflection; tineneEi continuing along said Railway's right-of-way boundar-y, run North 02'17'30" VVest for a distance of 85.00 feet to point of deflection: thence coritinung along said Railway's nght-of-woy boundary run North 195223'' East for a distance of 75.6-1 feet to the Point of Beginning, Bearings shown refer to the Plan Rectangular Coordinate System for the Ea5 Zone of Florida on all three 3) parcels, PARCEL A portion of Section 37, Township 54 South, Runge 41 East, being morn particularly described as follows: Commence at the intersection or the monument tine of SW. 3rd Street and the monument Ire of S,W. First Court, as shown On Flat entitled ivIlA,tvil STEAM ELEcTRIC STATION PROPERTY, according to the Plat thereof. renorded in Plat Bock 50, Pine 2b, Lr blic Records of Vami-Dade County, Florida; thence run North 573914" East along said monument line c.‘.,fl S.W. 3rd Street for g distance of 114.04 feet to a poliet of intersection with tne Westerly rigni-of-way iine of the Metropolitan tvliarri-Dade CcuiTh,,i Rapid Transit Autnorty; thence run South C2-15'Dr East along tne last -described line, for 2 distance of 30.00 Feet to e pant or the East boundary of said Miami Steam Electric Station Property; DEC—D4-2003 THU 12 56 Phi Mural 4a d B i undo FAX NO, 305 358 9490 12 thence run North 87'39'14" East along the Southerly right-of-way line of S.W. 3rd .street for a distance of 54.50 feet to the point of intersection with the Easterly right-of-way boundary of said Transit Authority, said point being the Point or Beginning of the parcel of land hereinafter to be described; thence run South t72°15'38" East along the last-described otherwise stated fora distan:;e of 853.31 feet to a point of deflection: theincNorth S7 °44'22" Past for distance of 20.50 feet to a point of deflection; thence rues South 02°15'36" Ea-SI for distance of 31,96 feet to a point of intersection with the low water line of the Miami River: thence run North 72'46'08" East fora distance of 343.60 feet t anto e Railway intersection with the Gasterty right-of-way boundary of the Florida Company Property, said point being also the ScuthWast corner of Traci A, THATCHER ENTERPRISES PROPeRTY, Plat 3oofc 79, Page 45 Public Records of Miami-ade County, p'lorida; thence run North 02°19'24" West, along the easterly boundary of said Rsilwoy Company's Property being the West boundary of said Tract A of Thatcher Enterprises Property and its Northerly extension, and Mang the West boundary of Lot 12, Block 135 North, City of Miami, Plat Sook 8, Page 41, Public Records of Miami -Dade County, Florida, fora distance. of 645.00 feet to the Northwest corner thereof; thence run South 87'4U'32" West along the said Railway company's Property, being also along the South boundary of Lots 8 and 9 of said Block 135 North, fora distance of 100.0C feet to the SouthNVest corner of said. Lot 9; thence run North 02°19'24" West, along the said Railway Cornpany'S Proory, being along the West boundary of Said Lot 9, Black 135 North, for a distance of 150,00 feet to the NortnWest corner thereof, said cornerbeing on the Southerly right -et -way boundary of 5.W. 3rd Street; thence run south 137°52'56" West aiana the last -described line, a distance of 225,57 feet to a point of deflection; thence continuing along the Southerly right-af-way boundary of S.W, 3rd Stroet, run South 87 39'14" West, a distance of 25.00 feet to the Point of Beginning. DEC-04 2003 THU 12 55 PM Mural Wad Eiondo /M NO 305 358 0490 \ EXHIBIT "` PERMITTED EXCEPTIONS Sanitary Se ' Eastrnctnt forth in 3 d Book 3449, £a.a= 435, Miann-Dade County 1),-aurds, Title olands yingbdow Cem:an high water line ofthe MiamiRiver, The nan.ire,xtent, or c&BGn b 0f riparianand littoral /fit if any, ppurt ant th Land, and the iparan and littoral rights ofo±r< as ±t sam=may af & Qe6A±