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HomeMy WebLinkAboutApplication & Supp DocsDEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted before the deadline. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. Power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional cost to record the Zoning Board resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 05-14-04 I, Lucia, A. Dougherty on behalf of BDB MIAMI LLC, owner/contract purchaser. F & C Kochen LLC, owner and Sylvia Whyte Mfg Co. (under foreclosure action; awaiting for final resolution) , hereby apply to the City of Miami City Commission in accordance with Section 55-15 of the Code of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1. Two (2) copies of the Tentative Plat prepared by a State of Florida registered land surveyor. 2. Two (2) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 3. Two (2) original sketch of surveys, prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 4. At least two photographs that show the entire property (land and improvements). 5. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 6. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 9. Attach Opinion of Title addressing the reversionary rights. Note: An update shall be required if more than three (3) months elapse before Zoning Board or City Commission approval. 10. The undersigned, being the owner or representative of the owner, of the property located at Approximately NE 17 Street and NE 2"d Avenue AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A" 11. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning and Zoning Department (3`d Floor) at 305-416-1400 for information.} No 12. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning and Zoning Department (3rd Floor) at 305-416-1400 for information.} No 13. What is the acreage of the project/property site? 7.08 acres Rev. 05-14-04 2 14. What is the purpose of this application/nature of proposed use? New development. 15. All documents, reports, studies, exhibits (8 '/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 16. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 17. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 (b) Re -submittal: Per square foot of right-of-way Minimum Maximum $ .90 $ 1,200.00 $ 1,700.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Signature Address 1221 Brickell Avenue Name Lucia A. Dougherty Telephone 305-579-0603 Date Miami, Florida 33131 August 13, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this /3 day of 2004, by Lucia. A. Dougherty who individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personallyknown to me or who has produced as identification and who did (did not) take an oath. is a(n) (Stamp) OFFICIAL NOTARY SEAL MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DDI48882 MY COMMISSION EXP. SEPT 17,2006 Rev. 05-14-04 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, 0 including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Lucia A. Dougherty Applicant Name Applicant Siena STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20ODy Lucia A. Dougherty a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. OFFICIAL IV TA RY SISAL. MARISOL R GONZALEZ 7)/7 NOTARY PUBLIC STATE OF FLORIDA (Stamp) COMMISSION NO. DD1488S2 Signature MY COMMISSION EXP.SEPr 17,200t ho is Rev. 05-14-04 4 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: Tarp -6 Approximately NE 17 Stt,and NE 2nd Avenue See attached Exhibit °A" (cul de sac being vacated) See attached Exhibit "B" (tentative plat) 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 BDB Miami LLC Mailing Address 4401 Davidson Avenue, Atlanta, GA Zip Code 30319 Telephone Number MICHAEL BISCIOTTI 16.6 BILL DAVIS 16.6 JIM DAVIS 16.6 IGNACIO GARCIA 16.6 FRANK ROSENBLUM 16.6 JEFFRY WEIL 16.6 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Lucia A. Dougherty Owner or Attorney for Owner Name Owner or Attor ey or wner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 1 day of 2f by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOTARY SEAL MARISOL R GONZALEZ ARY PUBLIC STATE OF FLORIDA COMMISSION NO, OD`a 2 COMM ISSION EYP, SEPT 17,2006 Rev. 05-14-04 DISCLOSURE OF OWNERSHIP 4. Street address and legal description of subject property: Approximately NE 17th Street and NE 2nd Avenue See attached Exhibit "A" (cul de sac being vacated) See attached Exhibit "B" (tentative plat) 5. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name F & C Kochen LLC Mailing Address 67 NE 17 Terrace, Miami, Florida Zip Code Telephone Number 305-373-1222 Carlos Daniel Kochen 100% 6, Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Lucia A. Dougherty Owner or Attorney for Owner Name Owner or Aftorn for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2 �, by Lucia A. Dougherty who is ' a(n) indi 'dual/partner/agent/corporation of a(n) individual!partnership/corporation. He/She is p° r�� ...knaac n...ta me or who has produced as identification and who did (did not) take an oath. OTARYSEAL. 77..7.0.NZALEZ NOTARY l., :,,t .OR A (Stamp) COM; i5si 3e MY COMMISSION EX?', SEFF 17,2006 Signature Rev. 05-14-04 6 EXHIBIT "A" LKGAL DESCRIPTION TO ACCOMPANY SKETCH OF AN EXISTING CUL-DE-SAC TO BE VACATED THAT PORTION OF THE RIGHT OF WAY FOR N. E. 17TH TERRACE AS SHOWN ON THE PLATS OF "OMNI ANNEX" AND "AMENDED MAP SEITTER ADDITION" AS RECORDED IN PLAT BOOK 144 AT PAGE 98 AND PLAT BOOK 2 AT PAGE 60 RESPECTIVELY OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA TOGETHER WITH ADDITIONAL RIGHT OF WAY, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF "OMNI ANNEX"; THENCE SOUTH 00 DEGREES 39 MINUTES 30 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID TRACT "A FOR 116.95 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89 DEGREES 56 MINUTES 39 SECONDS EAST FOR 0.26 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 70 DEGREES 31 MINUTES 44 SECONDS FOR AN ARC DISTANCE OF 30.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, EASTERLY, SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 250 DEGREES 31 MINUTES 44 SECONDS FOR AN ARC DISTANCE OF 218.63 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 56 MINUTES 39 SECONDS WEST FOR 151.47 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEI- I, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 24 MINUTES 22 SECONDS FOR AN ARC DISTANCE OF 39.01 FEET TO A POINT OF CUSP (THE LAST FIVE DESCRIBED COURSES ARE COINCIDENT WITH THE BOUNDARY LINE OF SAID PLAT OF "OMNI ANNEX"); THENCE NORTH 00 DEGREES 38 MINUTES 59 SECONDS EAST, ALONG A LINE THAT IS 25.00 FEET EAST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF N. E. MIAMI PLACE, AS SHOWN ON THE SAID PLAT OF "OMNI ANNEX", FOR 74.74 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 39 SECONDS EAST ALONG A LINE THAT IS 25.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N. E. 17TH TERRACE AS SHOWN ON SAID PLAT OF "OMNI ANNEX", FOR 79.73 FEE I; THENCE SOUTH 00 DEGREES 39 MINUTES 30 SECONDS WEST FOR 7.50 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 39 SECONDS EAST FOR 25.00 FEET; THENCE NORTH 00 DEGREES 39 MINUTES 30 SECONDS EAST FOR 7.50 FEET TO THE POINT OF BEGINNING (THE LAST THREE DESCRIBED COURSES ARE COINCIDENT WITH THE BOUNDARY LINE OF THE WEST 1/2 OF LOT 3 OF SAID "AMENDED MAP SEITTER ADDITION") ALL LYING AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF SOUTH 89 DEGREES 52 MINUTES 18 SECONDS EAST, ALONG THE NORTH LINE OF TRACT "A" AS SHOWN ON THE HEREIN REFERENCED PLAT OF "OMNI ANNEX". ORDERED BY: B.D.B. MIAMI L.L.C. SHEET 3 OF 3 SHEET SCHWEBKE--SHISKIN & ASSOCIATES, INC. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PHONE No.(954)435-7010 FA 1d (954)4 8 s'2 8 910N: ORDER NO. 169139 PR P ED NJR MY UPE DATE: 04-27-2004 THIS IS NOT A " BOUNDARY SURVEY" ROBERT' F: JACKSoN PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESS,8NAL LAND SURVEYOR No. 2,W68 REVISIONS Exhibit `B" LEGAL DESCRIPTION: All of Tract A and that portion of N. E. 17th Terrace lying Easterly of the Northerly prolongation of the East Right of Way line for N. E. Miami Place, OMNI ANNEX, as recorded in Plat Book 144 at Page 98 of the Public Records of Miami —Dade County, Florida. AND Lots 4 through 6, less the South 7.5 feet thereof and the West 1/2 of Lot 3, AMENDED MAP OF SEITTER ADDITION, as recorded in Plat Book 2 at Page 60, of the Public Records of Dade County, Florida, lying and being in the City of Miami, Miami —Dade County, Florida NOTE: THAT AN EXPRESS PURPOSE OF THIS PLAT IS TO CLOSE, VACATE AND DISCONTINUE FROM PUBLIC USE A PORTION OF EXISTING RIGHT—OF—WAY OF N.E. 17th TERRACE, AND THE 30.00 FEET PUBLIC UTILITY EASEMENT, LYING WITHIIN THE LIMITS OF THIS PLAT OPINION OF TITLE To: CITY OF MIAMI, FLORIDA, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA, a municipal corporation, in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property described herein as Parcel 1, Parcel 2, and Parcel 3 (collectively, the "Property"), it is hereby certified that we have examined the following (the "Title Evidence"): (i) Commonwealth Land Title Insurance Company A.L.T.A. Title Insurance Policy Number A02-0144162 covering the period from the BEGINNING through February 9th, 2004, at 2:30 p.m., with respect to the real property more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein ("Parcel 1"), as updated by Lawyers Title Insurance Corporation's Title Information Update dated June 4th, 2004, covering the period from February 9th, 2004 through May 12th, 2004, at 8:00 a.m., and as further updated by Lawyers Title Insurance Corporation's Title Information Update dated October 22, 2004, covering the period from May 12th, 2004 through October 4, 2004, at 8:00 a.m. ; (ii) Commonwealth Land Title Insurance Fund Commitment No. 40210149FC/04-12305NCS bearing Order No. T-041622 covering the period from the BEGINNING through April 9th, 2004, at 8:00 a.m., with respect to the real property more particularly described on Exhibit "B" attached hereto and by this reference incorporated herein ("Parcel 2"), as updated by Lawyers Title Insurance Corporation's Title Information Update dated October 22, 2004, covering the period from April 9th, 2004 through October 4, 2004, at 8:00 a.m.; and (iii) Lawyers Title Insurance Corporation Commitment No. 52186909LA (Revision B) covering the period from the BEGINNING through October 4th, 2004, at 8:00 a.m., with respect to the real property more particularly described on Exhibit "C" attached hereto and by this reference incorporated herein ("Parcel 3"). Basing our opinion solely on the aforesaid Title Evidence covering said time periods referenced above, we are of the opinion that on the dates last mentioned above, the fee simple title to the Property was vested in: Parcel 1: BDB Miami, LLC, a Maryland limited liability company Parcel 2: F&C Kochen, L.L.C., a Florida limited liability company Parcel 3: Sylvia Whyte Manufacturing Co., a dissolved Florida corporation Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: Parcel 1: None Parcel 2: Mortgage Deed in favor of Abram Gavcovich and Fannie D. Kochen, as Trustees under that certain Agreement dated December 28, 1988, creating National First Financial Corp. Benefit Plan, recorded in Official Records Book 19494, Page 2269, together with UCC Financing Statement recorded in Official Records Book 19494, Page 2283. Parcel 3: None Opinion of Title Page 2 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: Parcel 1: None Parcel 2: None Parcel 3: Final Judgement in favor of Russell Corporation, recorded in Official Records Book 19159, Page 3203, as assigned to Waterbury Corporation in Assignment of Judgment recorded in Official Records Book 22454, Page 574. 3. GENERAL EXCEPTIONS: 4. SPECIAL. EXCEPTIONS: See attached Exhibit "C" See attached Exhibit "D" Ali of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to any dedicated areas shown on the final plat of the Property, the subdivision thereof to be known as "BAYVIEW MARKET": Name Parcel 1: Interest Special Exception Number BDB Miami, LLC, a Owner N/A Florida limited liability company Parcel 2: F&C Kochen, L.L.C., a Owner N/A Maryland limited liability company National First Financial Corp. Mortgagee 7 and 8 Benefit Plan Opinion of Title Page 3 Parcel 3: Sylvia Whyte Manufacturing Owner N/A Company, a dissolved Florida corporation With respect to the reversionary rights for the right-of-way portion of the Property to be closed and vacated, as more particularly described in Exhibit "F" attached hereto and incorporated herein (the "Alley"), we have examined the Florida Statutes and have determined that Section 177.085(1) of the Florida Statutes ("Statute") reads as follows: "When any owner of land subdivides the land and dedicates streets, other roadways, alleys or similar strips on the map or plat, and the dedication contains a provision that the reversionary interest in the street, roadway, alley or other similar strip is reserved unto the dedicator or his or her heirs, successors, assigns, or legal representative, or similar language, and thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance." Based upon the presumption that all proper and appropriate steps have been taken to close the Alley, the presumption that none of the deeds in the chain of title of the abutting land contained a personal reversionary interest in the abutting streets, and further presumption that none of the plats as described in Exhibits "A", "B", and "C" contained a personal reversionary interest, or required the joinder of any other parties, it is our opinion that by virtue of the conditions set forth in the Statute, the Alley to be vacated has become the property of the abutting land owners to the centerline on each side. I HEREBY CERTIFY that the legal descriptions contained in Exhibits "A" "B", "C" and "F" coincides with, and is the same as the legal description in the Tentative Plat entitled "BAYVIEW MARKET", as prepared by Schwebke-Shiskin & Associates, Inc., dated April 2, 2004, as last revised June 13, 2004. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida and a member in goodtatanding of the Florida Bar. Respectfully submitted this day of October, 2004 GREENBERG TRAURIG, P.A. By:14j—Z Brenda M. Fernandez, Attorney Florida Bar#0501611 Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 (305) 579-0500 Opinion of Title Page 4 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this A day of October, 2004, by Brenda M. Fernandez, who is personally known to me. Notary Public OFFICIAL NOTA eYSEA GISELA?.MUS.A NOTARY PUBLIC STATE. OP F 0RDA COMMISSION NO. >°`:;?9M4 7. MYCOMMISSION t . E _ =,2c Opinion of Title Page 5 Exhibit A Legal Description Parcel 1: Tract A, of Omni Annex, according to the map or plat thereof recorded in Plat Book 144, Page 98, o the Public Records of Miami -Dade County, Florida. Opinion of Title Page 6 Exhibit B Legal Description Parcel 2: Lots 4, 5, and 6, less the South 7.5 feet thereof of AMENDED PLAT OF SEITTER'S ADDITION, according to the Plat thereof as recorded in Plat Book 2, Page 60, of the Public Records of Miami - Dade County, Florida. Exhibit C Legal Description Parcel 3: The West 1/2 of Lot 3, of AMENDED PLAT OF SEITTER'S ADDITION, according to the Plat thereof as recorded in Plat Book 2, Page 60, of the Public Records of Miami -Dade County, Florida. Opinion of Title Page 8 Exhibit D General Exceptions Parcels 1, 2, and 3: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements, or claims of easements, not shown by the Public Records. 4. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the Public Records. 6. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. 7. Taxes and assessments for the year 2004 and subsequent years. Opinion of Title Page 9 Exhibit E Special Exceptions Parcel 1: 1. Restrictions, dedications and easements as shown on plat of OMNI ANNEX, recorded in Plat Book 144, Page 98. Parcel 2: 1. Covenant running with the land recorded in Official Records Book 7681, Page 733. 2. Covenant running with the land recorded in Official Records Book 11181, Page 1093. 3. Covenant running with the land recorded in Official Records Book 11366, Page 899. 4. Covenant running with the land recorded in Official Records Book 13306, Page 1977. 5. Liens and assessments due and all matters pertaining Special Assessment Project for the Metromover State 1 Completion — Omni Brickell Extensions as recorded in the Resolution recorded in Official Records Book 12923, Page 2622. 6. Restrictions, dedications and easements as shown on plat of AMENDED PLAT OF SEITTER'S ADDITION, according to the Plat thereof as recorded in Plat Book 2, Page 60. 7 Mortgage Deed in favor or Abram Gavcovich and Fannie D. Kochen, as Trustees under that certain Agreement dated December 28, 1988 creating National First Financial Corp. Benefit Plan, recorded February 9, 2001 in Official Records Book 19494, Page 2269. 8. UCC-1 Financing Statement in favor of National First Financial Corp. Benefit Plan recorded in Official Records Book 19494, Page 2283. Parcel 3: Restrictions, dedications and easements as shown on plat of AMENDED PLAT OF SEITTER'S ADDITION, according to the Plat thereof as recorded in Plat Book 2, Page 60. 2. Liens and assessments due and all matters pertaining to Metromover Stage 1 Omni-Brickell Extensions Project as recorded in the Resolutions recorded in Official Records Book 12923, Page 2622 and Official Records Book 12923, Page 2618. 3. Final Judgment, in favor of Russell Corporation, recorded in Official Records Book 19159, Page 3203, as assigned to Waterbury Corporation pursuant to Assignment of Judgment dated July 6, 2004, and recorded in Official Records Book 22454, at Page 574. 4. Notice of Federal Tax Lien recorded in Official Records Book 19248, Page 3282. 5. Notice of Tax Lien in favor of Florida Department of Revenue recorded in Official Records Book 20491, Page 3305. Opinion of Title ' Page 10 Exhibit E Special Exceptions (continued) Notice of Federal Tax Lien recorded in Official Records Book 22497, Page 620. 7. Notice of Tax Lien in favor of Florida Department of Revenue recorded in Official Records Book 19935, Page 834. 8. Notice of Tax Lien in favor of Florida Department of Revenue recorded in Official Records Book 20282, Page 4205. Opinion of Title Page 11 Exhibit "F" Legal Description of Alley being Vacated See attached 12 LOCATION MAP OF AN EX/STIAIG CUL-DE-SAC TO BE VACATED SCALE 1 " =150' OFFICIAL MAP OF THE CITY CEMETERY OF MIAMI (P.B. 2, PC. 16) 11 10 9 AMEND SEITTER (2-6 8 ED AD 0) NE 17117 T E R R 12 13 (A-49Y) 7 TR-A ST E ACCE ORIES TR-B S BD. a (6•-8) 11 (A-4.9/2 14 SCALE 1" =150' 12 1 4R0� 5 1 2 B0 4 N E 2 BINS, G 6 SUBJEC T SITE TRACT "A„ 0 M NI ANNEX (P.B. 144, PC. 98) 17th RA AM, A 4 (P.B. "A", P 5 w rn n In') nn 1 LL.I W Z STREET 7 STREET 8 3`J 9 12 NE 1 6 th 2 1 QR 4 6 5 7 8 10 9 11 12 SHEET .1. OF 3 SHEI= I S SCHWEBKE-•-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS —ENGINEERS -LAND PLANNERS — 3 CORPORATE WA-MIRAMAR, FL 33025 PHONE No.(954)435-7010 No. (9 4)438 5288 f GIRDER No. 1891.39. DATE: 04-`27--2004 THIS IS NOT A " BOUNDARY SURVEY" ROBEf'T F. JACKSON/ !'RESIDENT CERTl9CAFE OF AUTH0RIZ4T10N No. LB-87 FLORIDA RROi-t.SIONAL LAND SURVEYOR No, 2408 REVISIONS SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF AN EXISTING CUL-DE-SAC TO BE VACATED S 89'52'18" E OFFICIAL MAP OF THE CITY CEMETERY OF MIAMI (P.B. 2, PG. 16) S 89'52'18" E AMENDED MAP SEITTER ADDITION (P.B. 2, PG. 60) 6 N 89'56'39 " W 5 4 2 w 01 P.O.B(6 o� 589'56'39 "E 25.00' S00°39'30 "W 7.50' S89°56'39 "E (MYRTLE AVE) N.E. 17th ! co TERRACE! I � :5• SCALE r " = 40' 25' fl� co WEST LINE OF TRACT A" 79.73' s C) 589'56'39 "E NORTH LINE OF TRACT "A" P.O.C. N. W. CORNER TRACT "A" OMNI ANNEX (P.B. 144, PG. 98) SEE DETAIL "A' BELOW \.o 0=250°37'44" o. R=50.00' A=218. 63' \ D=70°31 '44" (217.99' RECORD) R=25. 00 3 A=30.77' So N00°39'30 "E 7.50' 200.95' D=89°24'22" R=25.00' A=39.01 ' N89 °56'39 "W 151.47' TRACT "A" OMNI ANNEX P.B. 144, PG. 98) M -co ae P.O.B. O ra ca W /` D=7O'31'44" R=25.00 Z Lt.i.k A=50.77' Lu t-� o . u "? S 89'56'39" E to c. 0.26' (25 TRACT "A" OMNI ANNEX DETAIL "A" 30' PUBLIC UTILITY EASEMENT ( TO BE VACATED ) (PER P.B. 144. PG 98) LEGEND: - '-- DENOTES CENTER LINE -.._+_..- P. O. C. P.O.B. P.E. PG. R D A DENOTES MONUMENT LINE DENOTES POINT OF COMMENCEMENT DENOTES POINT OF BEGINNING DENOTES PLAT BOOK DENOTES PAGE DENOTES RADIUS DENOTES CENTRAL ANGLE OR DELTA DENOTES ARC DISTANCE SHEET 2 OF 3 SHEETS SCHWEBKE—SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX (954)435 32 ORDER NO. 189139 PREE DATE: 04-21-2004 THIS IS NOT A " BOUNDARY SURVEY" RI5BERT F. JACKSON / PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFL,S!ONALI LAND SURVEYOR N. 2408 REVISIONS LEGAL DESCRIPTION TO ACCOMPANY SKETCH OF AN EXISTING CUL-DE-SAC TO BE VACATED THAT PORTION OF THE RIGHT OF WAY FOR N. E. 17TH TERRACE AS SHOWN ON THE PLATS OF "OMNI ANNEX" AND "AMENDED MAP SEITTER ADDITION" AS RECORDED IN PLAT BOOK 144 AT PAGE 98 AND PLAT BOOK 2 AT PAGE 60 RESPECTIVELY OF THE PUBLIC RECORDS OF DADE COUNTY FLORIDA TOGETHER WITH ADDITIONAL RIGHT OF WAY, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF "OMNI ANNEX"; THENCE SOUTH 00 DEGREES 39 MINUTES 30 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID TRACT "A", FOR 116.95 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89 DEGREES 56 MINUTES 39 SECONDS EAST FOR 0.26 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND NORTHEASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 70 DEGREES 31 MINUTES 44 SECONDS FOR AN ARC DISTANCE OF 30.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, EASTERLY, SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 250 DEGREES 31 MINUTES 44 SECONDS FOR AN ARC DISTANCE OF 218.63 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 56 MINUTES 39 SECONDS WEST FOR 151.47 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 24 MINUTES 22 SECONDS FOR AN ARC DISTANCE OF 39.01 FEET TO A POINT OF CUSP (THE LAST FIVE DESCRIBED COURSES ARE COINCIDENT WITH THE BOUNDARY LINE OF SAID PLAT OF "OMNI ANNEX"); THENCE NORTH 00 DEGREES 38 MINUTES 59 SECONDS EAST, ALONG A LINE THAT IS 25.00 FEET EAST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF N. E. MIAMI PLACE, AS SHOWN ON THE SAID PLAT OF "OMNI ANNEX", FOR 74.74 FELI; THENCE SOUTH 89 DEGREES 56 MINUTES 39 SECONDS EAST ALONG A LINE THAT IS 25.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N. E. 17TH TERRACE AS SHOWN ON SAID PLAT OF "OMNI ANNEX", FOR 79.73 FEET; THENCE SOUTH 00 DEGREES 39 MINUTES 30 SECONDS WEST FOR 7.50 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 39 SECONDS EAST FOR 25.00 FELI; THENCE NORTH 00 DEGREES 39 MINUTES 30 SECONDS EAST FOR 7.50 FEET TO THE POINT OF BEGINNING (THE LAST THREE DESCRIBED COURSES ARE COINCIDENT WITH THE BOUNDARY LINE OF THE WEST 1/2 OF LOT 3 OF SAID "AMENDED MAP SEI 1 1 ER ADDITION") ALL LYING AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NO I ES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF SOUTH 89 DEGREES 52 MINUTES 18 SECONDS EAST, ALONG THE NORTH LINE OF TRACT "A" AS SHOWN ON THE HEREIN REFERENCED PLAT OF "OMNI ANNEX". ORDERED BY: H.D.B. MIAMI L.L.C. SHEET 3 OF 3 SHEE I S SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FA � (954)4 S 8 ORDER NO 139139 PR P E(7 (JN MY 6.UPF !SION: DATE. 04-21-2004 THIS IS NOT A " BOUNDARY SURVEY" RORERT F. JACKSbN PRESIDENT CERTIFICATE OF AU17-IDRIZATION No. LB-87 FLORIDA F-ROFE SiblVAL LAND SURVEYOR No. 2 9 REVISIONS 05!'27/04 10:50 FAX is 002 . Record and Return to: LandAmerica - Christina Oliver 1302 N. l9th Street -Suite 200 Tampa, FL 33605 This Instrument Prepared By: Brian P. Cain, Esq. Holt Ney Zatcoff & Wasserman, LLP 100 Galleria Pkwy., Si tte 600 Atlanta, Georgia 30339 Folio No. 01-3136-080-0010 111111111111111111111111111111111111111111. .: = A�yOO4�.RC 9 3. �. 6 DR Bk 220•3 F'a F, 0230 - b a3; ( gas RECORDED 02/0912004 14:30:57 i)EE.0 LDOC TAX a € ? 200.00 BURT*. 52,650,01) RVE'; RUVIHf CLERK OF COURT KAi11.-DACE COUNTY?, FLORIDA SPECIAL WARRANTY DEED da of � , 2004, by THIS SPECIAL WARRANT' DEED, made this united liability company, whose and between FISHER ISLAND HOLDINGS, LLC, a Florida l address is One Fisher Island Drive, Fisher Island, Florida 33109, as"401laa torn and DB, A MI, LLC, a Maryland limited liability company, whose address Georgia 30319, as "Grantee". WITNESSETH: and other That said Grantor, for and in consideration of thesum of he Grantee, t($10.00 Dollars, adequacy other good and valuable considerations to it in hand paid byhis heirs and which is hereby acknowledged, has granted, bargained and sold to the Grantee, assigns forever, the fallowing described real property, located and situated in the County of Miami -Dade and State of Florida, to -wit: Tract "A" of OMNI ANNEX, according to the Plat thereof, as recorded in Plat Book 144, at Page 98, of the Public Records of Miami -Dade County, Florida TOGETHER with all the tenements, hereditaments-and appurtenances thereto belonging or in anywise appertaining. This conveyance is subject to the following: 1. Taxes for the year 2004 and subsequent years. 2. A1l matters as shown on the plat of Omni Annex recorded in Plat Book 144, page 98, aforesaid records. ey prepared byLeiter, 3. All matters shown on the dated lastrevised January 28, � 04e Perez & Associates, Inc.ated June 24,1999 4, Applicable zoning ordinances. inding The benefits and obligations hereunder shall inure the Grantoand be r hereby coo cn�'ts with n the heirs, executors, administrators and successors of the Grantee��TK�� >-©: �+� [Manage_t4b418_I.TiGiCI213f20041r789l2t L rulAmerlcaFinancial Group, Inc 120 NE 4th Strad 05/27/04 10:50 FAX i j 0 0 3 said Grantee that the Grantor is lawfully seized of said land in good right and lawful authority to sell and convey said land and said land and will defend the same against the lawful claims of or under the said Grantor. p Ti WITNESS WHEREOF,the Gran if day of 2004, Signed, sealed and delivered in the presence of: ignature of Wi • ess 640Attek PciziipY& .Z Printed Name of Witness fee simple, that the Grantor has hereby fully warrants the title to all persons claiming by, through or has caused these premises to be executed the FISHER ISLAND HOLDINGS, LLC, a Florida limited liability company By: M/M FI DEVELOPMENT, INC., a Florida corporation, its Manager Name: Title: * A-k CV A Con►�� STATE OF 204 t� ) Ss COUNTY OF 117 e) The foregoing instrument was acknowledged before 2004 by '/,' of M/M PI corporation, Manager of FISHER ISLAND HOLDINGS, company, on behalf of such limited liability company. Het. who did not take an oath. me this 4 day of Luc, DEVELOPMENT, INC., Fl LLC., a Florida limited liability he is personally known to me and NOTARY PUBLI TATE Printed Name of Notary Publi My Commission Expires: SONIA BRINGAS i MY COMMISSION # ©0 273817 r EXPIRES: January 3, 2008 & d d mu na y Nh icUndbwMsra iManage_146418_1 .1)0213/2004/1189/2! . 82 R 29781. aty dead STATUTORY WARRANTY DEED Ohl, irtilettilln., Made this S-1: - day of February 1,9 82 , ilttuirett AMANDA HYPPONEN, a single woman attic County of Dade , State of Florida , grantor, and SYLVIA WHYTE MANUFACTURING CO'., a Florida corporation Whose post oHlcc Address is, ,67 Li' E• 17,fi.h ,Terrace, Mi.anii. Florida 33132 of the County of • Dade ' ' , Stec of, Florida , grantee`, • *Ntliiinfl>i. That said grantor, for and in consideration of the sum of TEN Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantees heirs and assigns forever, the fol. lowing described land, situate, lying and being in Dade County, Florida, to -wit: i NI C/o The West One —Half (W 1/2) of Lot 3, of AMENDED & PLAT OF SEITTERS ADDITION TO MIAMI, according g to the Plat thereof, as recorded in Plat Book 2, N at Page 60, of the Public Records of Dade County, Florida. s SUBJECT TO: Conditions, restrictions, reservations, limitations Q and easements of record, if any, but any such interests that may have been terminated are not hereby reimposed; and subject to .a aplicable zoning ordinances, taxes and assessments for the year Pe' 1982 and subsequent years. \ •:& 2. Purchase Money First Mortgage in the amount of $8,000.00, 'f delivered simultaneously with the delivery of this instrument. 0.t N.B. The Grantor does hereby certify that she does not reside upon the property hereby conveyed or upon any real property contiguous and adjacent thereto; the Grantor certifies that her permanent place of residence is situated at: 1191 N. W. 112th Terrace, Miami, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. • "Grantor" and `grantee" are used for singular or plural, as contest requires. 3n NUM' , : #17maf, Grantor has hereunto set grantor's hand and seal the day and year first above written, Si: ! s • ed ; d de'vered ur . - once: i] a rt,stcP,4C 4hett.4%. (Seal) AMANDA HYPPONEN , a single woman (Seal) (Seal) (Seal) STATE OF FLORIDA CouNTr OF DADE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally alb AMANDA HYPPONEN , a single woman to me known to be the person described in and who execute oregoing instroErasnt and acknowledged before me abate he executed the same. y WITNESS my hand and official seal in the County and Sta • t • oresaid this d •t F nary Ifl 82 , aCCOROfa a EV8CIH Rli9ael ROOM N netl+ (*WM. 41CRIP4, 111M0141 ,CRG1Ea • 41CHARD P. 8 WWWN KER, CLERK CIRCUIT MAT 5epond'Avenue ssstr .• otary Public RECORD AND "RETURN TO ttl NE, [,lc}JRr & KLEIN. P.A. 401. LINCOLN, itW:,i) MIAMI UcACH, FLQ DA ,33139 ' •