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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, Gloria M. Velazquez, on behalf of Filling Station Lofts, LLC owner and contract purchaser and Jersv Ltd. 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 1650 NE Miami Court, 1636 NE Miami Court, 1646 NE Miami Court, 1655 N Miami Avenue, 1657 N. Miami Avenue and 1653 N. Miami Avenue, Miami Florida_ 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 (3rd Floor) at 305-416-1400 for information.} No 12. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning and Zoning Department (3rd Floor) at 305-416-1400 for information.} No 13. What is the acreage of the project/property site? approximately 0.61 acres Rev. 05-14-04 2 14. What is the purpose of this application/nature of proposed use? New development; alley which is not in use. 15. All documents, reports, studies, exhibits (8 1/2 x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 16. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 17. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square foot of right-of-way Minimum (b) Re -submittal: Per square foot of right-of-way Minimum Maximum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature"fjj Address Name Gloria M. Velazquez $ .90 $ 1,200.00 $ .90 $ 1,200.00 $ 1,700.00 $ 3.50 1221 Brickell Avenue Miami, Florida 33131 Telephone 305-579-0736 Date October 7, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this i day of 20_, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of to me or who has a(n) individual/partnership/corporation. He/She is personally known produced as identification and who did (did (Stamp) OFF1CIALNOTARYSEAL MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORif�A -. COMMISSION NC. DD148882 MY COMMISSION EXP. SEI'i I? not) take an oath. Signature __)e Rev. 05-14-04 3 Jersy Ltd. c/o Steven Gombinski 369 8th Street Brooklyn, NY 11215 STEVEN G©MBINSKI President, General Partner Phone: 917-488-2174 Fax: 718-369-0056 VIA FAX AND FEDERAL EXPRESS Gloria M. Velazquez, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 RE: Alley Closure for 1653 N. Miami Avenue October 6, 2004 Dear Ms. Velazquez: This letter serves to advise you that, under the terms set forth in the below paragraph, upon Jersy Ltd,'s purchase of the property located at 1653 N. Miami Avenue, Miami, Florida (the "Property"), Jersy Ltd. grants Greenberg, Traurig the authority to file, with the City of Miami, an Alley Closure application for the Property on behalf of Filling Station Lofts, LLC, which has contracted to purchase the Property from Jersy Ltd. This authorization is granted solely under the condition, represented by Greenberg Traurig to Jersy Ltd., that Filling Station Lofts, LLC, shall pay for all expenses regarding this application, including but not limited to application fees and all legal fees, and the affirmative representation that Jersy Ltd. shall not be liable for any expense related to said application. Very truly yours, Ste en Gombinski cc. Henry McCausland -Harper AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gloria M. Velazquez , 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; 0 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. Gloria M. Velazquez Attorney for Applicant Name Attorney for Applicant Stature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this / day of 2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature OFFICIAL NOTARY Si 4£, MARISO . R GONZALEZ ARY PUBLICSTATR OFFLORID_ _ C MMIBS!ON NO, DDI ..`- 82 MYCOMM i.,SIC,NEXP. SEPT 17_ Rev. 05-14-04 4 Owner/Contract Purchaser DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: 1650 NE Miami Court, 1636 NE Miami Court, 1646 NE Miami Court, 1655 N. Miami Avenue, 1657 N. Miami Avenue and 1653 N. Miami Avenue See attached Exhibit "B" 2. Owner(s) of subject real property and percentage of ownership. Note: 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 below; please supply additional lists, as applicable.) Owner's Name Filling Station Lofts, LLC Mailing Address c/o Greenberg Trauriq, 1221 Brickell Ave, Miami, Fl Zip Code 33131 Telephone Number 305-579-0736 Danny Holtz, Manager of LLC 100% 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. (See below; please supply additional lists, as applicable.) Street Address Legal Description None Gloria M. Velazquez Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this � day of c JL_ i 2004, by Gloria M. Velazquez 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 SRA MARISOL R GONZALEZ NARY PUBLIC STATE OF FLORrDA I COMMISSION NO, DO12 COMMISSION EXP.SEM' 17,2006 ram./�✓��..���C�--�~_���j�� Signature Rev. 05-14-04 5 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 1650 NE Miami Court, 1636 NE Miami Court, 1646 NE Miami Court, 1657 N. Miami Avenue and 1653 N. Miami Avenue See attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: 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 below; please supply additional lists, as applicable.) Owner's Name Jersy Ltd. Mailing Address c/o Steven Gombinski, 369 8th Street, Brooklyn, NY 11215 Telephone Number 917-488-2174 Jersy Ltd. is a Florida Limited Partnership whose general partner is Gombinski Realty, Inc., (which has a 1% profits interest in the partnership) and whose limited partner is the Gombinski Family Trust (which has a 99% profits interest and a 100% equity interest in the partnership). Steven Gombinski is the Director and President of Gombinski Realty, Inc. and is signing this application in that capacity. 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. (See below; please supply additional lists, as applicable.) Street Address Legal Description 1653 N. Miami Ave., Miami, FL see attached exhibit B Steven Gombinski, President, General Partner Owner or Attorney for Owner Name STATE OF NEW YORK COUNTY OF KINGS Own e /.'" Attorney for Owner Signature The foregoing instrument was acknowledged before me this ) day of October 2004, by Steven Gombinski who is president of Gombinski Realty, Inc., a corporation, the general partner of Jersy Ltd a limited partnership. He is personally known to me or who has produced as identification and who did take an oath. (Stamp) . ;(ThARD FAIRWEATHER Notav) Ee of New York No.2q-ul.,A944166 Qua ed Aings County ;ommssian Expires Nov. 14, 2(L'i CRAW. RtC.+Slate o HARD FAiRW wA H F: Notary No. 24.0:. A944166 Qualified rE Kings County Commission Expires Nov. 14, 2D% EXHIBIT "A" LEGAL DESCRIPTION: A portion of a 10 foot wide Alley lying West of Lots 1, 2 and 3, Block C, and East of Lots 1, 2, 3, 4 and 5, Block D, both in T.W. PALMER'S RESUBDIVISION, according to the plat thereof as recorded in Plat Book 4 at Page 60, of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1, Block D; thence SOO°39'45"W along the East line of said Lot 1, Block D for 10.00 feet to the POINT OF BEGINNING; thence continue S00°39'45"W along said Lots 1, 2, 3, 4 and 5, Block D for 119.88 feet to the Southeast corner of said Lot 5, Block D; thence 589'59'57"E along the Easterly extension of the South line of said Lot 5, Block D, for 10.00 feet; thence NOO'39'45"E along the West line of said Lots 1, 2 and 3, Block C for 119.88 feet; thence N90'00'00"W along the Easterly extension of the South line of the North 10.00 feet said Lot 1, Block D, for 10.00 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 36, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. — All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — Bearings hereon are referred to an assumed value of for the said bearing is identical with the plat of record. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2004-067. -- Lands shown hereon containing 1,198 square feet, or 0.027 acres, more or less. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on July 28, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTI.N.EAVY, SKILES, INC., LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. RIGHT-OF-WAY TO BE CLOSED, VACATED AND DISCONTINUED FROM USE Drawn By Cad. No. 040873 DANJR Ref. Dwg. 2004-067 Plotted: 7/28/04 9:33a LEGAL DESCRIPTION, NOTES, AND CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICA 1'l OF AU. 'FiIORTZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com. Date 7/28/04 Scale NOT TO SCALE Job. No. 041337 Dwg. No. 1004-057B `Sheet 1 of 2 EXHIBIT "A" E. 1 71 POINT OF COMMENCEMENT NORTHEAST CORNER OF LOT 1 BLOCK "D" r S00'39'45"W L r 10.00' POINT OF BEGINNING EAST UNE OF LOT 1 LOTS 1.2,3,4 & 5 BLOCK D LOT 2 LOT 4 LOT 5 SOUTHEAST CORNER Of LOT 5, BLOCK D 0 EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 5, BLOCK D GRAPHIC SCALE 0 13 30 60 I I I (INFEET) 1 inch = 30 ft. N90°00'00"W 10.00' WEST UNE OF LOTS 1, 2 & 3 BLOCK C LOT 1 LOT 2 LOT 3 S89°59'57"E 10.00' CENTERLINE -I RIGHT-OF-WAY TO BE CLOSED, VACATED AND DISCONTINUED FROM USE Drawn By DANJR Cad. No. 040873 Ref. Dwg. 2004-067 SKETCH OF DESCRIPTION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERot,ICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fis@ issurvey.coat Date 7/28/04 Scale 1" — 30' Job. No. 041337 Dwg. No. 1004-057B Plotted: 7/28/04 9:33a Sheet 2 of 2 Exhibit "B" LEGAL DESCRIPTION: . Lot 1, 2 and the North 37 1/2 feet of Lot 3, all in Block "C", T.W. PALMER'S RESUBD1V1SION, Plot Book 4, Page 60, of the Public Records of Miami --Dade County, Florida, LESS the North 7 feet thereof for right—of—way. AND Lots 1, 2, 3 and 4, less the South 5 feet of Lot 4, all in Block "D", T.W. PALMER'S RESUBDIVISION, Plat Book 4, Page 60, of the Public Records of Miami —Dade County, Florida, LESS the West 10 feet and the North 10 feet thereof for right—of—way. AND: Lot 5 and the South 5.0 feet of Lot 4, Block "D", LESS the West 10.0 feet thereof, Block "D", "f.W. PALMER'S RESUBDIVISION", according to the plat thereof, as recorded in Plat Book 4, Page 60, Public Records of Miami —Dade County, Florida. OPINION OF TITLE To: Miami -Dade County 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, hereinafter described, it is hereby certified that we have examined Chicago Title Insurance Company Title Insurance Commitment bearing order number 300410434 covering the period from the beginning to the 18th day of October, 2004, at 11:00 p.m. ("Commitment 1") with respect to the property as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein ("Parcel 1"), and Lawyers Title Insurance Corporation Title Insurance Commitment bearing order number 52199895LA covering the period from the beginning to the 19th day of October, 2004, at 8:00 a.m. ("Commitment 2") with respect to the property as more particularly described on Exhibit "B" attached hereto and by this reference incorporated herein ("Parcel 2") (Parcel 1 and Parcel 2 are hereby collectively referred to as the "Property"; Commitment 1 and Commitment 2 are herein collectively referred to as, the "Title Evidence"). Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of the opinion that on the last mentioned date, the fee simple title to the above -described Property was vested in: Parcel 1: FILLING STATION LOFTS, LLC, a Florida limited liability company Parcel 2: JERSEY LTD., a Florida limited partnership Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: See attached Exhibit "C" 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: See attached Exhibit "D" 3. GENERAL EXCEPTIONS: 4. SPECIAL EXCEPTIONS: See attached Exhibit "E" See attached Exhibit "F" I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Opinion of Title Page 2 Therefore, it is my opinion that the following party(ies) must join in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name Interest Special Exception Number Parcel 1: Filling Station Lofts, LLC, a Owner Florida limited liability company Parcel 2: N/A Jersey Ltd., a Florida limited Owner N/A partnership 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 "G" attached hereto and incorporated herein (the "Alley"), we have examined the Florida Statutes and have determined that Section 177.085 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 heirs, successors, assigns, or legal representative, or similar language, and thereafter conveys abutting Tots or tracts, the conveyance shall carry the reversionary interest in the abutting street to the center line or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance." Based upon the presumption that 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 the Title Evidence contain a personal reversionary interest, or require 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. Therefore, ownership, by virtue of the closing of the Alley adjoining the respective land, has placed title to the Alley adjoining the respective land in the abutting land owners, Filling Station Lofts, LLC, a Florida limited liability company, and Jersey Ltd., a Florida limited partnership; further, since the Property encompasses said portion of the Alley, it is our opinion that fee simple ownership of the Alley, upon proper vacation, shall revert to the existing titleholders, Filling Station Lofts, LLC, a Florida limited liability company, and Jersey Ltd., a Florida limited partnership, as applicable. I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. 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 good standing of the Florida Bar. Note: All of the recording information contained herein refers to the Public Records of Miami - Dade County, Florida, unless otherwise indicated. [Signature on following page] Opinion of Title Page 3 Respectfully submitted this day of November, 20 ChfistopheDCasro Ad s: GREENBERG TRAURIG, P.A. 1221 Brickell Avenue Miami, Florida 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of November, 2004, by Christopher D. Castro, who is personally known to me. My Commission Expires: Notary Public cvn Print Name A MARISOL R GONZALEZ !NOTARY PUBLIC STAT:.:: oF FLORIDA I COMmissioN NO. DO) 4'8882 ; Y cOM rSiON EXP. SEPT /7,2006 4 :) Opinion of Title Page 4 Exhibit A Parcel 1 - Legal Description Lot 1, 2 and the North 37 1/2 feet of Lot 3, all in Block "C", T.W. PALMER'S RESUBDIVISION, Plat Book 4, at Page 60, of the Public Records of Miami -Dade County, Florida. AND Lots 1, 2, 3, and 4, except the South 5 feet of Lot 4, all in Block "D", T.W. PALMER'S RESUBDIVISION, Plat Book 4, at Page 60, of the Public Records of Miami -Dade County, Florida. Opinion of Title Page 5 Exhibit B Parcel 2 — Legal Description Lot 5 and the South 5.0 feet of Lot 4, Block "D", LESS the West 10.0 feet thereof, of T.W PALMER'S RESUBDIVISION according to the plat thereof as recorded in Plat Book 4, Page 60, of the Public Records of Miami -Dade County, Florida. Opinion of Title Page 6 Exhibit C Recorded Mortgages PARCEL I: NONE PARCEL 2: NONE Opinion of Title Page 7 Exhibit D Recorded Construction Liens, Contract Liens and Judgements PARCEL 1: (a) Notice of Commencement filed April 14, 2004 in Official Records Book 22211, Page 2863. (b) Notice of Commencement filed April 14, 2004 in Official Records Book 22211, Page 2862. PARCEL 2: NONE Opinion of Title Page 8 Exhibit E General Exceptions 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. All taxes and assessments for the year 2004 and subsequent years, which are not yet due and payable. 8. Zoning and other restrictions imposed by governmental authority. Opinion of Title Page 9 Exhibit F Special Exceptions PARCEL 1: Matters set forth in the Plat of TW PALMER'S RESUBDIVISION filed in Plat Book 4, Page 60. 2. Covenant Running With the Land which sets forth a perpetual easement filed July 25, 1968 in Official Records Book 6032, Page 729. PARCEL 2: 1. Matters set forth in the Plat of TW PALMER'S RESUBDIVISION filed in Plat Book 4, Page 60. 2. Unity of Title recorded in Official Records Book 14083, Page 3175. Opinion of Title Page 10 Exhibit G Alley- Legal Description A portion of a 10 foot wide Alley lying West of Lots 1 and 2, Block C, and East of Lots 1, 2, 3 and 4, Block D, both in T.W. PALMER'S RESUBDIVISION, according to the plat thereof as recorded in Plat Book 4 at Page 60, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1, Biock D; thence S00°39'45"W along the East line of said Lot 1, Block D for 10.00 feet to the POINT OF BEGINNING; thence continue SOO°39'45"W along said Lots 1, 2, 3 and 4, Biock D for 89.90 feet; thence S89°59'57"E along the Easterly extension of the North line of the South 5 feet of said Lot 4, Block D, for 10.00 feet; thence N00°39'45"E along the West line of said Lots 1 and 2, Block C for 89.90 feet; thence N90°00'00"W along the Easterly extension of the South line of the North 10.00 feet said Lot 1, Block D, for 10.00 feet to the POINT OF BEGINNING. EXHIBIT N.E. 17TH STREET POINT OF COMMENCEMENT NORTHEAST CORNER OF LOT 1 BLOCK "D" 1 O.00' Z POINT OF BEGINNING > LOT 1 EAST UNE OF LOTS 1,2,3,4 & 5 BLOCK D LOT 4 LOT 5 SOUTHEAST CORNER OF LOT 5, BLOCK D 0) 0) 0 EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 5, BLOCK D GRAPHIC SCALE 0 15 30 60 � inch - so n ( IN FEET ) 1 inch = 3a ft. N90°OO'00"W 10.00' op w m Ct z NEST LINE OF LOTS 1, 2 & 3 BLOCK C LOT 1 LOT 2 LOT 3 S89°59'5 "E 10.00' CENTERLINE-1 F 0 uj Z RIGHT-OF-WAY TO BE CLOSED, VACATED AND DISCONTINUED FRdM USE Drawn By DANJR Cad, No. 040873 Ref. Dwg. 2004-067 Plotted: 7/28/04 9:33a 1 SKETCH OF DESCRIPTION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Wortheast 168th. Street / North Miami Heaoh, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / 13mai1 fle@fissurvey.00ra Date 7/28/04 .Scale 1" 30' Job. No. 041337 Dwg. No. 1004-057B Sheet 2 of 2 EXHIBIT ' LEGAL DESCRIPTION: A portion of a 10 foot wide Alley Lying West of Lots 1, 2 and 3, Block C, and East of Lots 1, 2, 3, 4 and 5, Block D, both in T.W. PALMER'S RESUBDIVISION, according to the plat thereof as recorded in Plat Book 4 at Page 60, of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1, Block D; thence S00'39'45"W along the East line of said Lot 1, Block D for 10.00 feet to the POINT OF BEGINNING; thence continue S00'39'45"W along said Lots 1, 2, 3, 4 and 5, Block D for 119.88 feet to the Southeast corner of said Lot 5, Block D; thence S89'59'57"E along the Easterly extension of the South line of said Lot 5, Block D, for 10.00 feet; thence N00'39'45"E along the West line of said Lots 1, 2 and 3, Block C for 119.88 feet; thence N90'00'00"W along the Easterly extension of the South line of the North 10.00 feet said Lot 1, Block D, for 10.00 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 36, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. — All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — Bearings hereon are referred to an assumed value of for the said bearing is identical record. — This is not a "Boundary Survey" but only a graphic depiction of the description shown — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2004-067. — Lands shown hereon containing 1,198 square feet, or 0.027 acres, more or less. with the plat of hereon. SURVEYOR'S CERTIFICATION: hereby certify that this "Sketch of Description" was made under my responsible charge on July 28, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" �FO�.ZIW, LE VY, SKILES, INC., LB3653 By. Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. RIGHT-OF-WAY TO BE CLOSED, VACATED AND DISCONTINUED FROM USE Drawn By DANJR Cad. No. 040873 Ref. Dwg. 2004-067 LEGAL DESCRIPTION, NOTES, AND CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email flaalfissurvey.com Date 7/28/04 Scale NOT TO SCALE Job. No. 041337 Dwg. No. 1004--0578 Plotted: 7/28/04 9:33a Sheet 1 of 2 • �u nm �iiii mu um imi iuu mi un THIS INSTRUMENT PREPARED BY: Peter M. Lopez, Esquire PETER M. LOPEZ, P.A. 2450 SW 137TH Avenue, Suite 234 Miami, Florida 33175 (Reserved) CFN 2004ROnn81.6 DR 8k 21?52 P s 2190 _ 21£ 2 1 F•g5 RECORDED 01/06/2004 12:41:; REED D0C TALC 4t800,00 SURTAX 3r&Q 0i) HARVEY RUVINr CLEERR OF MIAMI- DACE (D E T r FLORIDA Property Appraisers Parcel Identification (Folio) No.(s): 01-3136-008-0100;01-3136-008-0080; Grante8e(s) Social Security No.(s): 01-3136-008-0160; 01-3136-008-0090; 01-3136-008-0150 WARRANTY DEED THIS WARRANTY DEED, is made this / day of eiM .ef , 2003, between 1650 N. Miami Ave., Corp., a dissolved Florida corporation whose post office address is c/o 2450 SW 137`h Avenue, Suite 234, Miami, Florida 33175 (the "Grantor") and FILLING STATION LOFTS, LLC, a Florida limited liability company, whose post office address is (the "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee(s)" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, that certain parcel of real property, situated, lying and being in Miami -Dade County, Florida (the "Property"), as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This conveyance is subject to the following: 1. Taxes for the year 2004 and all subsequent years; 2. Conditions, restrictions, limitations, easements and all other matters of record, without reimposing same; 3. Restrictions and all other matters appearing on the Plat or otherwise common to the subdivision; and 4. Zoning, restrictions, prohibitions, regulations and other requirements imposed by governmental authority. 3 and the Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. THIS WARRANTY DEED IS BEING GIVEN BY GRANTOR TO WIND UP AND LIQUIDATE THE CORPORATION'S BUSINESS AND AFFAIRS. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, the day and year first above written. Signed, sealed and delivered in the presence of: n&Pint [c fer Sign & Print Name: 8r..k R • u.,15,,,‘ STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE GRANTOR: 1650 N. MIAMI AVE. CORP., a dissolved Florida corporation By: .1 ,-7< •/` PEDRO HERRADA, as President and Authorized Agent of the corporation in order to wind up the affairs of the corporation I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 1 day of b2c-ester- , 2003, by PEDRO HERRADA, as President and Authorized Agent of 1650 N. MIAMI AVE., CORP., a dissolved Florida corporation, on behalf of the corporation and in order to wind up the affairs of the corporation, who is personally known to me or who has produced a valid Florida driver's license issued by the Department of Highway Safety and Motor Vehicles or other identification as identification, and who did not take an oath. 'j .. CWENDFU}NAT}IO!r}AS NOTARY PUBLIC STATE OF FLORIDA .:!()M'MISSION NO. 0D045963 rint Name: NOTARY PUBLIC, State of Florida Serial No: My Commission Expires: • O LK 21952 PG ?192 LAST PAGE Exhibit A Legal Description Lot 1, 2 and the North 37 '/2 feet of Lot 3, all in Block "C", T.W. PALMER'S RESUBDIVISION, Plat Book 4, at Page 60, of the Public Records of Miami -Dade County, Florida. AND Lots 1, 2, 3 and 4, except the South 5 feet of Lot 4, all in Block "D", T.W. PALMER'S RESUBDIVISION, Plat Book 4, at Page 60, of the Public Records of Miami -Dads County, Florida.