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HomeMy WebLinkAboutApplication & Supp Docs• • BILZIN SUMBERG BAENA PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2O0 SOUTH BISCAYNE BOULEVARD, SUITE 2500 • MIAMI, FLORIDA 33131-5340 TELEPHONE: (305) 374-7580 • FAX: (305) 374-7593 E-MAIL: INTO@8ILZIN.COM • WWW.81LZIN.COM Vicky Garcia- Toledo, P.A. Direct Dial: (305) 350-2409 Direct Facsimile: (305) 351-2233 E-mail: vgtC ).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 the one a ddress p rovided i n t he applications. P lease n ote t hat 9 0 S W T hird 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. 20126/670310 Garcia -Toledo DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor ♦ Miami, Florida 33130 Telephone 305-416-2030 ♦ Fax 305-416-2035 PUBLIC HEARING APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 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 additional recordation cost for t he resolution i s $ 6.00 f or the first p age a nd $ 4.50 f or 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) w ill 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. 175838 201261 # 670313 v 1 1. This complete application should be reviewed and initialed by the Planning and Zoning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the, adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not Tess often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62❑31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 4. This petition is proposed by: P Planning and Zoning Department ® Other, please specify Property Owner 5. The subject property is located at:90 SW Third Street, Miami, FL (a/kla 55 and 92 SW Third Street) Folio number: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) 175838\201261 4 67fl313 v 1 AND MORE PARTICULARLY DESCRIBED AS: See Exhibit A 6. The undersigned, being the owner or the representative of the owner of the subject property, do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: Office TO: Restricted Commercial 7. What is the purpose of this application? Change of Land Use Designation, consistent with neighboring properties to the east and north and current trends, in order to develop a residential high rise project on site, 8. What is the acreage of the project/property site? 7.26 9, Has the designation of this property been changed in the last year? If so, when? No/ N/A 10. Do you own any other property within 200 feet of the subject property? No If yes, has the property been granted a change in plan designation within the last year? N/A 11. Have you made a companion application for a change of zoning? Yes 12. Have you filed a(n): • Affidavit of ownership? Yes • Disclosure of ownership form? Yes • List of owners of property within 500 feet of the subject property? Yes If not, please supply them. 13. 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.) The property location along the Miami River places it within the archeological zone. 14. 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. 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. The current site does not allow development of the site consistent with current designation and development trends in the area. 175838120126\ # 670313 v 1 16. Please submit a statement justifying your request to the requested plan designation change. The request of this application will follow the trends of adjacent property to the east and north of the subject site, so that the site will be developed in a manner consistent with other development and uses in the area. 17. All documents, reports, studies, exhibits (8 '/2 X 11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 18. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex $300.00 Residential medium density multifamily $450.00 Residential high -density multifamily, office, major public facilities, transportation/utilities $550.00 Commercial/restricted, commercial/general and industrial $650.00 Commercial (CBD) Surcharge for advertising each item $1,200,00 $1,200.00 Public hearin•and public meeting mail notice fees, includindling and mailing per notice $3.50 Signature 7 Address Bilzin Sumberq Baena Price & Name A. Vicky Garcia -Toledo, Esquire Axelrod LLP 200 S. Biscayne Blvd., Suite 2500 Miami, Florida 33131 Telephone 305-350-2409 Date April 7, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The forego g instrument was acknowledged before me this ' l' day r9.fpril 2004, A. Vicky 'rci -Toledo who is a(n) individual/partner/agent/corporation `a(n) individual/partnership/corporation. He/She is personally f t to me or who has produced as identification and who did (did•"not) take an oath. (Stamp VANESSA CASTILLO MY COMMISSION # DO 199627 EXPIRES: July 11, 2007 Bonded Thai Notry Pubic timrwritera Signature 1758381201261 # 670313 v 1 • • AFFIDAVIT Before me, 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; 0 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 gnature A. Vicky arcia-Toledo, Esquire, P.A. Attorney for Owner The foregoing instrument was acknowledged before me this f day of April, 2104, by A. Vicky G :r' a - Toledo, Esquire. who is a(n) individual/partner/agent/corporation a(n) individual/partnership/corporation. S he i s p ersonall oath. 41111 (Stamp) f VANESSA CASTILLO '� 1 MY COMMISSION 0 DO 199627 p, EXPIRES: July 11 2007 . %.m Bonded Thru Notary Pudic Underwriters Signature o me and did not take a n 1758381201271 # 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:(305) 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 N75838120127\ 4 658919 v 1 4/6/04 12:39 PFti1 • • • 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-Tojedo, Esquire, P.A. Attorney for Own STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this reii- day of t P' , 2004 by A. Vicky Garcia -Toledo, Esquire, PA, Attorney for Miami River, LLC, on behalf of the corporation, who is personally known to me and who did not take an oath. VANESSA CASTTiLO t* MY COMMISSION # OD 199627 Er m� _ . - '•' EXPIRES: Jufy t t, 2DD7 ....... . Bnoded Ihru NINaryPuCtic Urderwdtpa jQ/LfJ2 Ctd& Name: Notary Public -State of Florida Commission No.: My Commission Expires: 175838\20 t 271 # 6589 t 9 v 1 4/7/04 10:26 AM • • ExHIDI''--` PARCEL I. A portion of Section 37, Township 54 South, Range 41 East. being more particularly described as follows: Commence at the intersection of the monument line of S.W. 3rd Street and the monument line of S.W. '1st Court, as shown on Plat entitled MIAMI STEAM ELECTRIC STATION Public PROPERTY, according to the Plat thereof, recorded in Plat Book 50, Rage -- Records of Miarni-Dade County. Fiarlda: thence run North 87 '39'14" East along said monument fine of S.W. 3rd Street fora distance of 114.04 feet to 2 point of intersection id with t the Westerly right-of-way line of the Metropolitan Miami -Dade County ns Authority; thence continuing along said Metropolitan Miami -Dade County Rapid Transit Authority right-of-way line; run South 02'15'01" East for a distance thence orufn feetto outa pc nt on 1538' East the East line of said Miami Steam Electric Station Property; along said Westerly right-of-way line of Metropolitan Miami -Dade County Rapid Transit Authority, fora distance of 143.75 feet to a point of deflection; thence run North 8 r'44 22" East along aforesaid rignt-of-way line fora distance of 15.50 feet to a point of deflection: thence continuing along said Transit Authority's right-of-way line, run South 02`18'38' East for a distance of 358.44 fee. to the Paint of Beginning of the parcel of land ere. ofun after to be e described; thence continuing along said Transit Authority's right-of-way fine,07'15'38" East for a distance of 341,01 feet to a point of deflection: thence continuing along said Transit Authority's right-of-way line, run South 87°44'22=' West for a distance of 20.50 feet 1c a point of deflection: thence continuing along said Transit Authority's right-of-way tine, nun South D2°15'3B" East, for a distance of 48.47 feet to a point on the IOW water line of the Miami River; thence run South 85'35-'53" West along the last described line fordie Florida of 34.01 feet to a point of intersection with the Westerly right-of-way boundary af East Coast Railway Company property; thence run North 07'17'53" West along the last described line for a distance of 235.89 feet to a point of deflection: thence continuing along said Railway's right-of-way boundary, run North 89'29'5E East for a distance of 25.22 feet to e_puint of deflection; thence continuing along said Railway'& right-af-way boundary, run North 02°17'39" West to a distance of 85.00 feet to a point of deflection: thence continuing along said Railway's right-of-way boundary, run North 19°52'23" East for a distance of 75.64 feet to :he Point of Beginning. Bearings shown refer to the Plan Rectangular Coordinate System for the East Zone of Florida or. all three {3) parcels, PARCEL II: A portion of Section 37, Township 54 Soutn, Range 41 East, being more particularly described as follows; Commence at the intersection of the monument line of S.W. 3rd Street and the monument line of S.W. First Court, as shown on Plat entitled MIAMI STEAM ELECTRIC STATION PROPERTY, according to the P1al thereof, recorded in Plat Bock 50, Page 25, Public Records of Miami -Dade County, Florida; thence run North 87`39'14" East along said monument line of S.W..3rd Street for a distance of 114.04 feet to a point of intersection with the Westerly right-of-way line of the Metropolitan Miami -Dade County Rapid Transit Authorthence run a pant or. East boundary of said Miamiutn C2-15'01' East along the -described line, for a Steam ElectricStationi stance. cif 30.00 .feet toProperty; • thence run North $7°3g'1A" 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 of Beginning of the parcel of land hereinafter to be described; thence run South 02°15'38" East along the Iasi -described line untess otherwise stated for a distance of 553.31 feet to a poinl of deflection: thence run North 87'44'22' East fora distance of 20.50 feet to a point of deflection: thence run South 02'15'28' East for a distance of 31,96 feet to a point of intersection with the low water line of the Miami River: thence run North 72°46'05' East far a distance of 343.60 feel to the point of intersection with the Easterly right -tot -way boundary of the Florida East Coast Railway Company Property, said point being also the SouthWest corner of Tract A, THATCHER ENTERPRISES PROPERTY, Plat Book 79, Page 40, Public Records of Miami -Dade County, Florida; thence run North 02'19'24" 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 along the West boundary of Lot 12, Block 135 North, City of Miami, Plat Book 8, Page 41, Public Records of Miami -Dade County, Florida, for a distance of 645.00 feet to the NorthWest corner thereof; thence run South 6740'32" West along the said Railway Company's Property, being also along the South boundary of Lois 8 and 9 of said Block 135 North, Fora distance of 100.00 feet to the SouthWest corner of said Lot 9; thence run North 02°19'24" West, along the said Railway CornpanY's Property, being along the West boundary of said Lot 9, Block 135 North, for a distance of 150.00 feet to the NorthWest corner there.o`, said corner being on the Southerly right-of-way boundary of S.W. 3rd Street: thence run South 87°52'55" west along the last -described line, a distance of 226,57 feet to a 'point of deflection; thence continuing along the Southerly right-of-way boundary of S.W. 3rd Street, run South 67'30'14" West, a distance of 25.00 feet to the Point of Beginning. • • EXHI?'IT A PARCEL ill: A portion ref Section 37, Township 54 South, Range 41 East. being more particularly described as follows' Commence at the intersection of the monument line of S.W. 3rd Street and the monument line of S.W. 1s1 Court, as shown on tvlIAMI STEAM ELECTRIC STATION PROPERTY, according to the Plat thereof, recorded in Plat Book 50, Page 25, Public Rcoords of Miami - Dade County, Florida; thence run North 67`3914" E. 1-Tong said monument line of S.W. 3rd Street for 114.04 feet to a point of intersection with the Westerly right-of-way tine of the Metropolitan Miami -Dade County Rapid Transit Authority; thence run North 02°15'01" West along said right-of-way tine, for a distance of 20.00 feet to a point on the Easteny line of Block 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 27.39'14' East along the Northerly right-of- way line cf S,W. 3rd Street for o distance of 54.49 feet to a point of intersection with the Easterly right-of-way line of said Metropolitan Miorni-Dade County Rapid Transit Authority and the Point of Beginning of the parcel of land hereinafter to be described; thence run North 02'15'38" West along tne last -described line for a distance of 135.67 feet to the point of intersection with the SouthWesterly Limited Access Right -oaf -Way boundary of State Road No, 854 (Section 8700E-2511) es shown on Right-ot-Way Map recorded in Plat Book 78, Page 31. Public Records of Miami -Bade County, Florida; thence run South 6E`14'41" East along the lest -described line and its SouthWesterly projection for e distance of 261.28 feet to the point of curvature of a curve, concave to the NorthEast, having a radius of 1653,02 feet; thence run SouthEasterly along the arc of said curve, through a central angle of 00 29'03.7" Far a distance of 14.02 feet to the point of intersection with the Eastern -most right-of-way boundary of the Florida East Coast Railway property, said point bearing South 21 `1 E'15.3" West from the center of said curve; thence run South 02°19'24" East along the last -described line for a distance of 24.21 feet to the point of intersection with the North right-of-way boundary of S.W. 3rd Street; thence run South 87`52'55' West along the Iasi -described line for e distance of 228,51 feet io e point of deflection, thence run South 8 7°39'i4" West along said North right-of-way boundary of S.W. 3rd Street for a distance of 25.01 feet to the Paint of Beginning. Bearings shown on Parcels 2 II and Ill refer to the Plane Rectangular Coordinate System for the East Zone of 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 % • • • DEC-04-2003 THU 12:51 PM Murai Wald Biando THIS INSTRUMENT WAS PREPA.R. D BY: DANIEL M. MAc(LLER, ESQ. C&LINSTER, YOAKL_ 'y & STEWA.RT, P.A. 500 nSTBROW. 1)DOULEVAfu, SUITE 7400 ]~OPT LAUDERDALE, FLORIDA 3 33 94 Folio No.: FAX NO, 305 358 9490 P, 03 SP..ECLA..L WARRANTY DEED THIS INDENTURE, made this /r day of November,_2003, between FLAGLEIR DEVELOPMPNT COMPANY a •Florida corporation;-' Commercial Realty and Development Company, a Florida corporation, whose address is 10.151 Decrwood Parlc. Boulevard, Building 100, Suite 330, Jacksonville, Florida 32256 (the "Grantor") and ML4MI RIVER LLC, a Florida limited iiability company, whose address is 848 Brickell Avenue, Suite Miami, FL 3313 l ("Grantee"): WITNESSETE THAT: Grazitcr, for and in consideration of the sum of Teri anal No/100 U.S. Dollars ($10.00), lawful money of the United States of America., to it in hand paid by the Grantee, at or before,. the enseaiing and delivery of these presents, the receipt of which is hereby acknowledged, has ;ranted, bargained, sold, a.i.a.orsated, remised, re]eased, conveyed and confirmed and by these presents does grant, bargain, sell, alien:, remise, release, convey and confirm u.nia the Crrantee and its/his/her heirs or successors and assignees forever, the following parcel of land, situate; lying; and being in the County of Miami -Dade ("County"), State of Florida, and more particularly descry -bed as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the "Land"). SUBJECT, HOWEVER, TO THE FOLLOWJNG: 1. Real 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. 3. Easements, reservations, restrictions, rights of way, and other matters of record, if any, including, but not limited to, those certain nnattcrs set forth in EXFIIBTT B attached hereto, without reimposing same. 4. Matters shown by a crrrem and accurate survey or physical inspection of the Land. rTL 221229:.2 DEC-04-2003 THUD 12:52 PH llurai Wald Biondo FAX NO, 305 358 9490 P, 04 • • TOGETHER with all and singular the tenements, hercditaine its and appurtenances t ereu to belonging or in any way appertaining. TO HAVE. AND TO HOLD the same in fee simple foreier. AND the Grantor hereby covenants with said Grantee that it is 1awfuily sw&izecl of the Land hereby conveyed in fee simple; that it has good right and lawful authority to sell and convey said Land; that it hereby specially warrants :he title to said Lancl and will defend the same against die lawful claims of any persons claiming by, through or under the said Grantor. 2.Z 29i.2 [TEXT AND SIGNATURES FOLLOW1 DEC-04-2003 THU 12:52 PH Murai Wald Biondo FAX Na 305 358 9490 P. 05 • • • IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, the clay and year first above -1.v_itten. 'W'itnnss ("Li- L. . c.. c e. c Printed Name of Witness Printed Na ne of WitDess SPATE OF FLORIDA ) COUNTY OF St. Johns ) FLAGLER DEVELOPMENT COMPANY. a Florida corporation, f7]]a Commercial Realty and Development. Company, a Florida corporation By: Na.rn.e: Robert F. Ma S~Ja i n Title: Vice Chair Tice foregoing Special Warranty Deed was acknowledged before me this 1 I day of November, 2003 by Robert F. MacSwain , e.s Vice Chairman of FLAGLER DEVELOPMENT COMPANY, a Florida corporation, fide Commercial Realty and Development Company, a Florida corporation, on behalf of the company, who (4 ) is personally known to rne, or ( ) produced _ as identifcaticn. Sigma -tire of Notary Pub''c Printed Name ofNo=':may Public THE iESA W. RAYNO Notary Public, State of Florida My comm. axpiras Qec. 26, 2153 Comm. No. CC 886599 DEC-04-2003 THU 12:53 PM Murai Wald Biondo FAX NO. 305 358 9490 P. 06 • • • EXHIBIT A PARCEL ill: A portion of Section 37, Township 54 South Range 41 East, being more particularly described as follows: Commence at the intersection of the monument line of S.W. 3rd Street and the monument line of S.W. 1st Court, as shown on MIAMi STEAM ELECTRIC STATION PROPERTY, according to the Plat thereof, recorded in Plat Book 50, Page 25, Public Records of Miami - Dade County, Florida; thence run North 87"39'14" East along said monument line of S.W. 3rd Street for 114.04 feet to a point of intersection with the Westerly right-of-way line of the Metropolitan Miami -Dade County Rapid Transit Authority; thence run North 02°15'01" West along said right-of-way line, for a distance of 20.00 feet to a point on the Easterly line of Block 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 tine of S.W. 3rd Street for a distance of 5-4.49 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 pacel of land hereinafter to be described; thence run North C12°15'38" West along the last -described line fora distance of 135.67 feet to the paint of intersection with the ScuthWesterly Limited Access Right -of -Way boundary of State Road No. 854 (Section 87008-2501) as shown on Right -of -Way Map recorded in Plat Book 78, Page 31, Public Records of Miami -Dade County, Florida; thence run South 68`14'41" East along the last -described line. and its SouthWesterly projection fora distance of 261.28 feet to tine point of curvature of a curve, concave to the NorthEast, having a radius of 1 653.02 feet thence run Southeasterly along the arc of said curve. through a central angle of 00°29'03.7" fora distance of 14.02 feet to the point of intersection with the Eastern -most right-cf-way boundary of the Florida Easl Coast Railway property, said point bearing South 21 `15'15.3" West from the center of said curve; thence run South 02°19'24" East along the last -described line fora distance of 24.21 feet to the point of intersection with the North right-of-way boundary of S.W. 3rd Street; thence run South 87'52'56" West along the last -described line for a distance of 225,51 feet to a point of deflection; thence run South 67°39'14" West along said North right-of-way boundary of S.W. 3rd Street for a distance of 25.01 feet to the Point of Beginning. Bearings shown on Parcels 1, tl and Ill refer to the Plane Rectangular Coordinate System for the Est Zone of Florida. • • • DEC-04-2003 THU 12:53 PM Murai Wald Blonde EXHIBIT FAX NO. 305 358 9490 P. 07 PERMITTED ,EXCEPTIONS I. Sanitary Sewer Easement as set forth in Deed Book 3449, Page 435, Miami -Dade County Records. 2. Title to lands lying below the mean high water line of the. Miami River. r•-L. 221291.3 DEC-04-2003 THU 12:54 PM Mural Wald Biondo FAX NO. 305 358 9490 P. 08 • • IHIS INSTRUMENT WAS PREPARED BY: DA NIEL M. I TACKLER, ESQ. GiM S T ER, YOAKLEY e STEWART, P.A. 500 EMT.BROWARD BOULEVARD, SUrTE 1400 FORT LAUD'ERIDA LE, FLORIDA. 33394 Foiin No.: SPECIAL WARRANTY DEED THIS INDENTURE, made This 14 day of November, 2003, between FLORIDA EAST COAST RAILWAY, L_L.C., a Florida limited liability company, successor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, whose address is One Malaga Street, St. Augustine, Florida 32084 (the "Grantor") and MIAMII RIVER LLC, a 1-lorida Limited liability company, whose address is 848 Brickell Avenue, Suite 1 , Miami, FL 33131 ("Grantee"): WITNESSETH THAT: Grantor, for and in consideration of the sure of Ten and No/100 U.S. Dollars ($10.00), lawfui money of the United States of America, to it in hand paid by the Grantee, at or before the ensealing and delivery of these presents, the receipt of which is hereby acknowledged, has gianted, bargained, sold, alienated, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee and its/his/her heirs or successors aid assign&is forever, the following parcel of land, situate, lying and being in the County of Miarni-Dade ("County"), State of Florida, and more particularly described as follows: SEE EXHIBIT A A i lACHEi) HERETO AND MADE A PART HEREOF (the "Land"). SUBJECT, HOWEVER, TO THE FOLLOWING: 1. Real 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. 3, Easements, reservations, restrictions, rights of way, and other matters of record, if any, including, but not limited to, those certain matters set forth La EIIDIT f3 attached hereto, without reimposing same. 4. Matters shown by a current and accurate survey or physical inspection of the. Land. FTL 21AOI5„. • • • DEC-04-2003 THU 12:54 Ply Murai Wald Biondo FAX NO. 305 358 9490 P. 09 TOGETHER with al, and singular he tenements. ,hereditarrlents and appurtenances tlaereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the sane in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is 'awfully seized of the Land hereby conveyed in fee simple; that it has good right and lawful authority to sell and convey said Land; that it hereby specially warrants the title to said Land and will defend the same against the lawful claims of any persons claiming by, through or under the said Grantor. FiL21401S1 'TEXT AND SIGNATURES FOLLOW] • - DEC-04-2003 THU 12:55 PM Mural Wald Biondo FAX NO, 305 358 9490 P, 10 IN .\A'TTNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, the day and year first above wrizrn. FLORIDA EAST COAST RAILWAY, LI.C., a Florida limited liability company, successor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida corpo.ra:ion By: v/7 z � itiiC55 / Narne:___Rnbprt F. rain 60. 4.• l st ' i r-IC Title: Executive to President Printed Name of Witness Primed Name of Witnsss STATE OF FLORIDA ) ) ss.: COUNTY OF St. Johns ) The foregoing Special Warranty Deed was ack-nowIedged before me this 11 th day of November, 2003 by Robert F. NacSwjn , as Exec. VICE Eresjd -it FLORIDA EAST COAST RAILWAY.', L.L.C., a Florida limited liability company, successor by merger to FLOR]DA EAST COAST RAILWAY COMPANY, a Florida corporation, on behalf of the company, wlio ( x ) is personally known to me, or ( ) 'produced as ideriff cation. Signature of Notary/ otar Pub1i l-1 Crre s VsI. 1 4 r, Printed Name of Notary Public THERESA W_ RAYNO Notary Public, State of Florida My Comm. Expires Dec, 2112003 Comm. No. CC 885599 Fn. ?E4o1f.2 • • DEC-04-2003 THU i2:55 PM Murai Wald Biondo E?.i•:T3rt' A FAX Na 305 358 9490 PARCEL1: A portion of Section 37, Township 54 South, Range 41 East, being more particularly described as follows_ Commence at the intersection of the monument fine of S.W. 3rd Street and the monument line of S.W, 1st Court, as shown on Plat entitled MtAM1 STEAM ELECTRIC STATION PROPERTY, according to the Plat thereof, recorded in Plat Book 50, Page 25, Public Records of Miami -Dade County, Florida: thence run North 87`39'14" Ea=t along said monument line of S.W. 3rd Street for a distance of 114.04 feet to a point of intersection with t the Westerly right-of-way line of the Metropolitan Miarnii-Dade County ns Authority: thence continuing along said Metropolitan Miami -Dade County Rapid Transit Authority right-of-way line; run. South 02'15'01" East for a distance of 30 feet to a point on the East line of said Miami Steam Electric Station Property; thence run South 02°19'38" East along said Westerly right-of-way line of Metropolitan Miami -Dade County Rapid Transit Authority, for a distance of 143.713 feet to a point of deflection; thence run North 87°44'22" East along aforesaid rigrtt-of-way tine fora distance of 15.50 feet to a point of deflection; thence continuingalong said Transit Authority's rght-of-way line, run South 02°15'3B" East for a distance of 358.44 feet to the Point of Beginning of the parcel of land hereinafter to be described; thence continuing along said Transit Authority's right-of-way line, run South 02'15'38" East for a distance of 341,01 feet to a point of deflection; thencAcontinuing along said Transit Authority's right-of-way fine, run South 87°44'22" West for 2 distance cf 20.50 feet to a point of deflection: thence continuing along said Transit Authority's right-of-way line, run South 02°15'3B" East, for a distance of 48.47 feet to a point on the low water line of the Miami River; thence run South 85°38'53" West along the last described line fordistancFloed f 34.01 feet to a point of intersection with the Westerly right-of-way boundary of theEast Coast Railway Company property; thence run North 02'17'53" West along the last described line for a distance of 235.89 feet to a point of deflection; thence continuing along said Railway's right-of-way boundary, run North 89°25'58" East fora distance of 25.22 feet to a point of deflection; thence continuing along said Railway's right-of-way boundary, run North 02°17'399" West for a distance of 85-00 feet to al9°int of 'Easfor deflection; thence, d stance of continuing along said Railway's right-of-way boundary, run .64 feet to the Point of Beginning, Bearings shown refer to the Plan Rectangular Coordinate System far the East Zone of Honda on all three 3) parcels, PARCEL II: A portion of Section 37, Township 54 South, Range 41 East, being more particularly described as follows; Comnceet t e lnemofeSW,aFirst Cour, atoshown µo Plat nentitled MIAMI STEAM ed ELECTRICfmonument t the STATION' PROPERTY, according to the Plat thereof, recorded in Plat Book 50, Pace 25, Public Records of Miami -Dade County, Fiorida; thence run North 57'39'14' East along said monument line of S.W. 3rd Street for a distance of 114.04 feet to a point of intersection with the Westerly right-of-way line of the Metropolitan Miami -Dade County Rapid Transit Authority; thence run South C2"15'01" East along the last -described line, for a distance of 30.00 feet to a point on the East boundary of said Miami Steam Electric Station Property; P. 11 ' DEC-04--2003 THU 12;56 PM aurai Wald Biondo FAX NO. 305 358 9490 thence run North B7`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 -cif --way boundary of said Transit Authority, said point being the Point of Beginning of the parcel of land hereinafter to be described; thence run South 02 15'38" East along the last -described tine unless otherwise stated for a distance of 853.31 feet to a point 01 deflection: led on thence : thencerun Northrun th 87°44'22" East for a distance of 20.50 feet to a paint 02°15'3S East for a distance of 31.96 feet to a point of intersection with the Icw water line of the Miami River: thence run No 72°46'08" East for a ist nce.the Floridaf 343.60 Ifeet to thst ste Ra Inway t of intersection with the Easterly right-of-way boundary Company Property. said point being also the Southwest corner of Tract A. THATCHER ENTERPRISES PROPERTY, Plat Book 79. Page 40, Public Records of Miami -Dade County, Florida; thence run North 02°19'24" 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 along the West boundary of Lot 12, Block 135 North, City of Miami, Plat Book 8, Page 41, PubiiC Records of Miami -Dade County, Florida, fora distance of 646.00 feet to the NorthWest corner thereof; thence Southrun th 67'40'32 undary of West along the said Railway Company's Property, being also along theLots 8 and 9 of said Block 135 North, for distance of 100.00 feet to the Soutr'vVest corner of said Lot 9; thence run North 02°10'24" West, along the said Railway Company's Property, being along the West boundary of said Lot E, Block 135 North, for a distance of 150.00 feet to the NorthWest corner thereof, said corner being on the Southerly right-of-way boundary of S.W. 3rd Street; thence run South 57°52'5S" West along the last-d s r bed line, ar gist nce f : 226.57 feet to a point of deflection: thence continuing along boundary of S.W. 3rd Street, run South 87'39'14" West, a distance of 25.0C feet to the Point of Beginning_ P. 12 • DEC-04-2003 THU 12:66 PM Mural Wald Biondo FAX NO, 305 358 9490 P. 13 • • • FTr. "E14OJ .2 EXFIIBI r «Bs, PERMITTED EXCEPTIONS ], Sanitary Sewer Easement as set forth in Deed Book 3449, Page 435, Miami -Dade County Reeords. Title to lands lying below the mean high water line oof the Ivliarni River. 3, ine nature, extent, or existence of riparian and littoral rights, if any, appurtenant to the Land, and the riparian and littoral rights of ethers as the same may affect the Land.