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HomeMy WebLinkAboutDisclosure of Ownership• DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 90 S.W. Third Street (a/kla 55 S.W. Third Street and 92 S.W. Third Street). See attached 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 Miami River, LLC, see attached Exhibit "B" Mailing Address Zip Code Telephone Number 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 thesubject property. (Please supply additional lists, as applicable.) • NIA • Street Address Legal Description A. Vicky Garcia -Toledo, Esquire A. Vicky Garcia -Toledo, Esquire, P.A. Name of Attorney for Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature of Atorney for Owner The foregoing instrument was acknowledged before me this 5th day of October, 2004, by A. Vicky Garcia -Toledo, Esquire, of A. Vicky Garcia -Toledo, Esquire, P.A., as attorney for the Owner. She is personally known to me and did take an oath. F StNEMA I,AY COMM S !ON # OD 192609 ' Ekndexl itwu Piderd insurance Agency • • EXHIBIT "A" LEGAL DESCRIPTION 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 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 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 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 143.78 feet to a point of deflection; thence run North 87°44'22" East along aforesaid right-of-way line for a distance of 15.50 feet to a point of deflection; thence continuing along said Transit Authority's right-of-way line, run South 02°15'38" east for a distance of 368.44 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; thence continuing along said Transit Authority's right-of-way line, run South 87°44'22" West for a distance of 20.50 feet to a point of deflection; thence continuing along said Transit Authority's right-of-way line, run South 02°15'38" East, for a distance of 48.47 feet to a point on the low water line of the Miami River; thence run South 86°36'53" West along the last described line for a distance of 34.01 feet to a point of intersection with the Westerly right-of-way boundary of the Florida East 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°29'56" East for a distance of 26.22 feet to a point of deflection; thence continuing along said Railway's right-of-way boundary, run North 02°17'39" West for 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 the Point of Beginning. Bearings shown refer to the Plan Rectangular Coordinate System for the East Zone of Florida on all three (3) parcels. PARCEL II: 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. First Court, as shown on Plat entitled 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 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 02°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; 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 of Beginning of the parcel of land hereinafter to be described; thence run South 02°15'38" East along the last -described line unless otherwise stated for a distance of 853.31 feet to a point of deflection; thence run North 87°44'22" East for a distance of 20.50 feet to a point of deflection; thence run South 02°15'38" 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°46'08" East for a distance of 343.60 feet to the point of intersection with the Easterly right-of-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 646.00 feet to the NorthWest corner thereof; thence run South 87°40'32" West along the said Railway Company's Property, being also along the South boundary of Lots 8 and 9 of said Block 135 North, for a distance of 100.00 feet to the SouthWest corner of said Lot 9; thence run North 02°19'24" West along the said Railway Company'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 thereof, said corner being on the Southerly right-of-way boundary of S.W. 3rd Street; thence run South 87°52'56" 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 87°39'14" West, a distance of 25.00 feet to the Point of Beginning. PARCEL III: 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 • • o 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 line 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 02°15'38" West along the last -described line for a distance of 135,67 feet to the point of intersection with the SouthWesterly Limited Access Right - of -Way boundary of State Road No. 854 (Section 87006-2501) 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 for a distance of 261.28 feet to the point of curvature of a curve, concave to the NorthEast, having a radius of 1658.02 feet; thence run SouthEasterly along the arc of said curve, through a central angle of 00°29'03.7" for 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°16'15.3" 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°52'56" West along the last -described line for a distance of 226.51 feet to a point of deflection; thence run South 87°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, 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 ( Ingo 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 % Miami -Dade County. Real Estate Tax Information Page l of 1 Real Estate Tax Information Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info 2003 Taxes Prior Years Taxes Due 2003 Ad Valorem 2003 Non -Ad Valorem 2003 Back Assessments 2003 Enterprise Folio 2003 Historical Abatements ........................... 2004 Quarterly Payments Q 2002 Miami -Dade County. All rights reserved. Real Estate Tax Information Today's Date: 09/21/2004 Last Update: 09/16/2004 Year: 2003 Folio Number: 01 01000000320 MIAMI Owner's Name: MIAMI RIVER LLC Property Address: Mailing Information : MIAMI RIVER LLC 848 BRICKELL AVE STE 700 MIAMI FL 33131 Legal Description : MIAMI NORTH PB B-41 BEG NW COR LOT 9 BLK 135 S150FT E100FT S275FT W265FT N425FT E165.07FT TO POB 2003...Taxes .are in. paid status. Amounts due are subject to change without notice Contact Inforn E-Mail: proptax@ miamidade.t (305) 270-4C Downtown 01 140 W Flaglel Room 10' Miami, FL 33 South Miami-[ Office: 10710 SW 21 Room 10, Miami. FL 33 Office How Mon - r rz 8:00 am - 5:0( Related Lin Tax Collec Property App Florida State E Revenue $l Property Tax Home I Real Estate Tax Info 12003 Taxes I Prior Years 12003 Non -Ad Valorem 2003 Back Assessments 12003 Enterprise Folio 12003 Historical Abatements 12004 Quarterly Paymer Miami -Dade Horne I Using Our Site j About j phone Directory I Privacy j 0isc[aimer E-mail your comments, questions and suggestions to We6master httn•//Pnvcvc miamirlarie anv• 1 60R/wwwcr.rv/ovvt/txrnw01 dia?fnlin=f 10100000(Y 7C1 Q/71 /7004 04/25/2004 17:01 KEY ImTERNATIONRL 3253512233 APR-05-2004 MON 05:35 PM al 1,1ald Biondo FAX NO, • 358 9490 FX=860 558 1515 iErga.v.s:1104 NO. 256 P002 P, 02/02 PAGE 2 Given under my hand and the Great Seal of the Slaw of Florida at Tallahassee, the Capitol. this tbe Fifth day of April, 2004 'A .... ... WA.. .4; q Wig; * • .. • e ' ... . It ' '• -.I' .4tr., !Oil'? 1+11 4......7,:. ....-.:0, 511*P $ AP, lit :...7"g41.• _.., 46.4t.,4044.,..:1.4 t. ..1 • ta.• r,.,r.,,,, 0,40Aw, !„=tt fr.:„..ta i„,..*.z.litti.4. * !,,........ 4.=.,..b. !.., 2.4,1:g.L ... 4.:?,*,.11.7...nr:4,11::roi,Jtr.„..41.410 XII* • lie ...- till... W.W.17.P.rWel.n., ,IT'il!.. 'TWO' ..../:-.4.i.` APOVildP,4:41,01*:._ ...;:,........,1 ..ei., 'I" 4111.: ...r., ; ...... .P........fi, 401....r1,4•1111.1.,;Pkrolltihrtta.,,* Vi10041i ;10.i.3.1,107:Aeri:*ill e.A.: Oii.:10N ir.11PaMO\VI:40.,:l:k'f AlliretViii0111.14114‘11.A#P4I61."1"NlAi • . • • -‘.RT1CLES OF ORG4 iZATION FOR _MLA MI RIVER LLC c 1Y11 and '.DL1r sL'L:1"I.i to j')p'. ti�C.l do litirebv ticlopl thin Statute. 608 t-.ntitleti iie Florida Limited C:Qmpanj' Act, kricles of Organization 1 c t Such i� .itw0 Ll t3i)i_� 0or. paity APTICLL I N A>1v1E l afl F MIA �_I DIVER LLC. �'�i� aa�=�c: =,ftthis L if:7it::•c liability C=i��-�t ARTICLE. II a 7DI.).RESS �+� •wC4 o the iirin,}ial office. of The m�-;;? I�nC� aYdress and st}. _ . G�:�.cl� ll�''1 33131.� r� S 4 100., `'',ii.'31�3. i 1o' d A.}ZTI.CIsE III INITIAL REGISTERED OFFICE AND AGENT r r' 3ereO ; fl c) the C oa'Ipan in the State ufFlo? nda is: 900 �: €,� �t`r.-e ciClcii�eS;, ofthe 1� "�' 1' � --' 33131 ;�17u the ?''1i- o'_ the. 1L:? i;.:'_1 1,20i S%e1`UL7 u 2 31 lln uc i'_ll . f I ill lnt of t Building., ro25 hal addr¢ ;S is i ui i \ `:sic; i ic'rrdO & �1 ]rCXio a���llt of the i_�l�l'l�i-11i aT THIS NSTl_lTMj3• NT P up/I, ED BY: Ken V. Murai FI.. air ; 2:2 �5 „`,outliEa5i uecct7d Avenue, Suite 100 .1.‘,L1-1; il. 1 31 3 H)030;7 )0 3 {ax » cd1 GLflI : G2 2) 0 7290 3 ART1CLETV EFFECTIVE DATE 2 se 2? a of (D: a d os a1 b. £z2 t2LipLM LIME_ IN WITNESS WITMEOF, the undersigned, Illem h es` author zed Trrrecn ma¥e has executed thee Articles ofOrganization &nthi {Z clay of October, 2003. MEMBERS' A E E ORIZEJ REPRESENTATIVE: TIurai yYald Biondo & Moreno. P.A. � a y: Rene V. 1\rlu£6, President y u§2 Dumbe: 000322290 3 111111111111111111111111111111111111111111111 • THIS INSTRUMENT WAS PREPARED BY: DANIEL M. MACKLER, ESQ- GUNSTER, YOAKLEY & STEWART, P.A. 500 EAST BROWARD BOULEVARD, SUITE 1400 FORT LAUDERDALE, FLORIDA 33394 Folio No.: SPECIAL WARRANTY DEED CFN 2OO RO8 570 OR Bk 21842 Pas 2508 - 2513; (bpss) RECORDED 11/19/2003 14120:32 DEED DOC TAX 3T979,20 SURTAX 2084.40 HARVEY RIJVINh CLERK OF COURT MIAh1I-DADE CCI3MTYr FLORIDA THIS INDENTURE, made this f' 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 MIAMI RIVER LLC, a Florida, limited liability company, whose address is 848 Brickell Avenue, Suite Ic , Miami, FL 33131 ("Grantee"): WITNESSETH THAT: Grantor, for and in consideration of the sum of Ten and No/100 U.S. Dollars ($10.O0), lawful 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 granted, 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 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 described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the "Laud"). SUBJECT, HOWEVER, TO THE FOLLOWING: l . Real property taxes, assessments and special district levies, for the year 2004 and for subsequent years. 2. Zoning and other regulatory taws 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 in EXHIBIT B attached hereto, without reimposing same. 4. Matters shown by a current and accurate survey or physical inspection of the Land. MTL2I4015.2 Book21842/Page2508 Page 1 of 6 TOGETHER with all and singular the tenements, hereditaments and appurtenances 'hereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully 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 lawfv1 claims of any persons claiming by, through or under the said Grantor, !TEXT AND SIGNATURES FOLLOW] F71. 214015.z Book218421Page2509 Page 2 of 6 • • 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 day and year first above written. FLORIDA EAST COAST RAILWAY, L.L.C., a Florida limited liability company, successor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation By: Name: Robert F. wai tt Title: Printed Name of Witness Printed Name of Witness STATE OF FLORIDA ) )ss.: COUNTY OF St. Johns ) The foregoing Special Warranty Deed was acknowledged before me this 11th day of November, 2003 by Robert F. MacSwain , as Exec. Vice Presiailt FLORIDA EAST COAST RAILWAY, L.L.C., a Florida limited liability company, successor by merger to FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, on behalf of the company, who ( x ) is personally known to me, or ( ) produced as identification. \ .2a w. r Sign.atu.re of Notary P,,ubl' Ti-ieresc W. t) Printed Name of Notary Public THERESAW. RAYNO Notary Public, State of Florida My comm. expires Dec. 26, 2003 Comm. Na. CC 885593 F L 214015.2 Book21842/Page251O Page 3 of 6 • • • EXHIBIT A PARCEL l: 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 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 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 continuing along said Metropolitan Miami -Dade County Rapid Transit Authority right-of-way line; run South 02°15'01" East fora 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 143.78 feet to a point of deflection; thence run North 8T°44'22" East along aforesaid right-of-way fine for a distance of 15.50 feet to a paint of deflection; thence continuing along said Transit Authority's right-of-way tine, run South 02°15'38" East for a distance of 368.44 feet to the Paint of Beginning of the parcel of land hereinafter to be described; thence continuing along said Transit Authority's right-of-way line, run South O2°15'3B East for a distance of 341,01 feet to a point of deflection; thence continuing along said Transit Authority's right-of-way Tine, run South 87°44'22" West for a distance of 20.50 feet to a point of deflection; thence continuing along said Transit Authority's right-of-way line, run South 02°15'38" East, for a distance of 48.47 feet to a point on the low water line of the Miami River, thence run South 86°35'53" West along the last described line for a distance of 34.01 feet to a point of intersection with the Westerly right-of-way boundary of the Florida East 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°29'56" East for a distance of 26.22 feet to a point of deflection; thence continuing along said Railway's right-of-way boundary, run North 02°17'39" West for 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 the Point of Beginning. Bearings shown refer to the Plan Rectangular Coordinate System for the East Zone of Florida on all three (3) parcels. PARCEL II; 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, First Court, as shown on Plat entitled 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 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 02°15'01" East along the last -described line, for a distance of 30.00 feet to a point an the East boundary of said Miami Stearn Electric Station Property; Book21842/Page25l l Page 4 of 6 • • thence run North 87°39'14" East along the Southerly right-of-way line of S.W. 3rd Street or 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 last -described tine unless otherwise stated for a distance of 853.31 feet to a point of deflection; thence run North 87°44'22" East for a distance of 20.50 feet to a point of deflection; thence run South 02°15'38" 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°46'08' East for a distance of 343.60 feet to the point of intersection with the Easterly right-of-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 646.00 feet to the NorthWest corner thereof; thence run South 87°40'32" West along the said Railway Company's Property, being also along the South boundary of Lots 8 and 9 of said Block 135 North, for a distance of 100,00 feet to the SouthWest corner of said Lot 9; thence run North 02°19'24" West, along The said Railway Company's Property. being along the West boundary of said Lot 9, Block 135 North, for a distance of 150.O0 feet to the NorihWest comer thereof, said corner being an the Southerly right-of-way boundary of S.W. 3rd Street; thence run South 87°52'56" 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 $,W. 3rd Street, run South 87°39'14" West, a distance of 25.0E feet to the Point of Beginning. Boak21842/Page25 2 Page 5 of 6 OR BK 212i42 PG 2513 LAST PAGE • • EXHIBIT "B" PERMITTED EXCEPTIONS 1. Sanitary Sewer Easement as set forth in Deed Book 3449, Page 435, Miami -Dade County Records, 2. Title to Iands Iying below the mean high water line of the Miami River, 3, me nature, extent, or existence of riparian and littoral rights, if any, appurtenant to the Land, and the riparian and littoral rights of others as the same may affect the Land. J'TL. 21-0 J S.2 Book21842/Page2513 Page 6 of 6 111111111111111111111111111111111111111111111, • THIS INSTRUMENT WAS PREPARED BY: DANIEL M. MACKLER, ESQ. GUNSTER, YOAKLEY & STEWART, P.A. 500 EAST BROWAaD BOULEVARD, SUITE 1400 FORT LAUDERDALE, FLORIDA 33394 Folio No.: CFN 2003R1138.67569 OR lk 21842 Ns 2503 - 2507; (511as) RECORDED 11/191'2003 1020:32 DEED DOC TAX 104,021.40 SURTAX 78,016.05 HARVEY RUVfNt CLERK OF COURT MIAMI-BADE COUNTY, FLORIDA SPECIAL WARRANTY DEED THIS INDENTURE, made this / 4 day of November, 2003, between FLAGLER DEVELOPMENT COMPANY, a Florida corporation, f/Icfa Commercial Realty and Development Company, a Florida corporation, whose address is 10151 Deerwood Park Boulevard, Building 100, Suite 330, Jacksonville, Florida 32256 (the "Grantor") and MIAMI RIVER LLC, a Florida limited liability company, whose address is 848 Brickell Avenue, Suite `fb , Miami, FL 33131 ("Grantee"): WITNESSETH THAT: Grantor, for and in consideration of the sum of Ten and 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 ensealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, 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 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 described as follows: SEE EXHIBIT A Ai ! ACHED 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. 2. Zoning and other regulatory laws and ordinances affecting the Land. Easements, reservations, restrictions, rights of way, and other matters of record, if any, including, but not limited to, those certain matters set forth in EXHIBIT B attached hereto, without reimposing same. 4. Matters shown by a current and accurate survey or physical inspection of the Land. FTL 2212912 Boak21842/Page2503 Page 1 of 5 • • TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully 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. [TEXT AND SIGNATURES FOLLOW] F TL 22I 291.2 Book218421Page2504 Page 2 of 5 yV • 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 day and year first above written. FLAGLER DEVELOPMENT COMPANY, a Florida corporation, ffk/a Commercial Realty and Development Company, a Florida corporation By: Name: Robert F. M Title: Vice Chai Printed Name of Witness itnes Mc 1-1iltrY"OCIC., Printed Name of Witness 4' STATE OF FLORIDA ) )ss.. COUNTY OF St. Johns ) The foregoing Special Warranty Deed was acknowledged before me this 1 1 tiZ day of November, 2003 by Robert F. MacSwain , as Vice Chairman of FLAGLER DEVELOPMENT COMPANY, a Florida corporation, f/k/a Commercial Realty and Development Company, a Florida corporation, on behalf of the company, who {'( ) is personally known to me, or ( ) produced as identification. Signature of Notary Public e re .5 (A). Ic c y ►-, d Printed Name of Notary Public THERESA W.RAYNO Notary Public, State of Aorida My comet. Mims Dec. 26, ZO03 Comm. No. CC FTL 221291.2 Sook21842/Page25O5 Page 3 of 5 • • EXHIBIT A PARCEL III: 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. lst 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 sine of the Metropolitan Miami -Dade County Rapid Transit Authority; thence run North 0295'01" West along said right-of-way line, for a distance of 20.00 feet to a point on the Easterly Tine 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 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 02°15'38" West along the last -described line for a distance of 135.67 feet to the point of intersection with the SouthWesterty Limited Access Right -of -Way boundary of State Road No. 854 (Section 87006-2501) 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 SouthWesteriy projection for a distance of 261.28 feet to the point of curvature of a curve, concave to the NorthEast, having a radius of 1658.02 feet; thence run SouthEasterly along the arc of said curve, through a central angle of 00°29'03.7" for 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 °16'15.3" 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 67°52'56" West along the Last -described line for a distance of 226.51 feet to a point of deflection; thence run South 87°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 1,11 and III refer to the Plane Rectangular Coordinate System for the East Zone of Florida. Book21842IPage2506 Page 4 of 5 R BK 21B42 PG 2:507 LAST PAGE • EXHIBIT "B" PERMITTED EXCEPTIONS Sanitary Sewer Basement 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. F17. 221291.2 Book21842IPege2507 Page 5 of 5 • • • RIVER FRONT WEST SD-6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT 90 -95 SW 3 ST MUSP, as per Article 17, Section 1701,(11) to permit individual phase of multi phase project. MUSP, as per Article 17, Section 1701, to permit residential in excess of two hundred 200 dwelling units. Proposed (1462 units) MUSP as per City of Miarni Zoning Ordinance 11,000 as amended Article 17 for development to provide parking in excess of (500) spaces or more. Proposed 1832 parking spaces. MUSP as per City of Miarni Zoning Ordinance 11,000 as amended Art 17 sec 1701(2) to permit a nonresidential development in excess of two hundred thousand square feet of floor area. total square feet nonresidential 241,728 Class II Special Permit, as per Article 6, Section 602.3.1 to permit new construction in the SD-6 Zoning District. CLASS II SPECIAL PERMIT, as per Article 6, for signage approval CLASS II SPECIAL PERMIT, as per Article 6, Section 607.3.1, for temporary construction fence and covered walkway. CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony. Class I Permit as per Article 9, Section 918.2, for parking and staging of construction during construction. Class I special Permit as per Article 10, section 10.3.2.2 to allow development/construction/ rental signage. Class I Permit as per Article 9, Section 920.1(d), to allow a construction trailer. Class I Permit as per Article 9, Section 920.1.2, to allow a temporary sales office trailer. CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to reduce five of the required 9 loading berth /s from 12 X 55 to five 12 X 35 . { M2l 34397; I} • • • Request for the following MUSP condition to be required at time of shell permit instead of at issuance of foundation permit: a. The requirement to provide a letter of assurance for the Solid Waste Department; and b. The requirement to record in the Public Records a Declaration of Covenant and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner and/or a mandatory property owner association; and c. The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Per City Code, Chapter 36. Construction Equipment Request for waiver of noise ordinance while under construction for continuous pours. This project has a companion applications for land use and zoning change to SD-6 and land use for restricted commercial .the companion applications have been approved in first reading by city commission.2' reading will be beard concurrent with the public hearing for the musp. Aldo Reyes Date Chief Zoning Inspector [M2134397:1 }