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HomeMy WebLinkAboutApplication & Supporting DocsDEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (REVISED 12/6/04) 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 1. This complete application should be reviewed and initialed by the Planning and Zoning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 4. This petition is proposed by: © Planning and Zoning Department X Other, please specify (Contract purchaser/Property Owners) 5. The subject property is located at: approximately 345 NE 20 Terr., 363 NE 20 Terr., 2040 N Bayshore Dr., 2066 N. Bayshore Dr.,2072 N. Bayshore Dr., and 348 NE 21 St. Folio number: ,01-3230-032-0030, 01-3230-032-0020, 01-3230-032-0010, 01-3230- 031-0190, 01-3230-031-0180 and 01-3230-031-0200 Rev. 05-14-04 2 AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A" 6. The undersigned, being the owner or the representative of the owner of the subject property, do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: High Density Multifamily Residential TO: Restricted Commercial 7. What is the purpose of this application? To allow for a mixed use project which will create an active urban waterfront environment on North Bayshore Drive. 8. What is the acreage of the project/property site? Approximately 2.01 acres 9. Has the designation of this property been changed in the .last year? If so, when? No 10. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a change in plan designation within the last year? No 11. Have you made a companion application for a change of zoning? Yes 12. Have you filed a(n): • Affidavit of ownership? Yes ■ Disclosure of ownership form? Yes • List of owners of property within 500 feet of the subject property? Yes If not, please supply them. 13. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning and Zoning Department (3`d Floor) at 305-416-1400 for information.} No 14. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning and Zoning Department (3rd Floor) at 305-416-1400 for information.} No 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. Rev. 05-14-04 3 The existing CDMP designation only allows for residential and incidental commercial - services. The owner seeks to create an active urban waterfront environment with restaurants which require the need for the amendment. 16. Please submit a statement justifying your request to the requested plan designation change. The City encourages active urban environments which will allow for the restaurant usage and the owner will be maintaining and converting a house built in 1925 for restaurant use. 17. 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. 18. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature Name Adrienne F. Pardo Telephone 305-579-0683 STATE OF FLORIDA COUNTY OF MIAMI-DADE $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Address 1221 Brickell Avenue Miami, Florida 33131 Date December 7, 2004 The foregoing instrument was acknowledged before me this day o 2004, by Adrienne F. Pardo who is a(n) individual/partnerlagenticorporation of a(n) individuallpartnershiplcorporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 05-14-04 FFiC AL ` A ARISCL R CONZA .NOTARY PliB C STATE O'FLORIDA C€OMMISS ON EXP. SEPT 17,E Signature EXHIBIT "A" EGAL DESCRIPTION: PARCEL 1: LOT 1, LESS THE WEST TEN FEET (W 18) THEREOF, TOGETHER WITH 'ALL" OF LOT 2, BLOCK 3, OF BAYONNE SUBDIVISION, ACCORDING TO THE PG4T THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 35, OF THE PUBLIC RECORDS OF M1AM1-DARE COL•INTY, FLORIDA. PARCEL 11: LOTS 1 THROUGH 4 INCLUSIVE AND THE EAST 1/2 OF LOT 5, 1N BLOCK 1, OF AMENDED PLAT OF BAYSIDE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN EIF � THAT PART OF LOTPAGE 40 OF T PUBLIC 10L INGWITHINTHE RIGHT-OF-WAY FLORIDA,S OF MIAMI-DADE', OF -WAY OF BISCAYNE LESS BOULEVARD. PARCEL 111: THE NORTH 155 FEET OF LOT 3 AND THE SOUTH 28 FEET OF THE EAST 13 INCHES OF LOT 4, 35,YONNE, PUBLICARECORDS OF RDING TTHE PIAT THEREOF, AS RECORDED IN MAMI-DADE COUNTY, FLOPIDA. AFFIDAVIT Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo , 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. Adrienne F. Pardo Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 10 day of 20by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of a(n) individual/partnershiplcorporation. 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 GONZAI.7 NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DI7148882 MY COM MISSION EXP. SEPT 17,2006 Signature [3..., nC a A nA 5 OWNER/CONTRACT PURCHASER DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 345 NE 20 Terr., 363 NE 20 Terr., 2040 N Bayshore Dr., 2066 N. Bayshore Dr.,2072 N. Bayshore Dr., 348 NE 21 St. 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 Royal Palm Miami Holdings, LLC Mailing Address 2072 N. Bayshore Dr., Boca Raton, Fl Zip Code 33486 Telephone Number (561) 347-6844 Royal Palm Miami Holdings, LLC Dan Kodsi 100% 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 Adrienne F. Pardo 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 / Q day of 20eby Adrienne F. Pardo who 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 NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 MY COMMISSION EXP. SEPT 17,2006 6 Exhibit "A" (Land Use) LEGAL DESCRIPTION: PARCEL l: LOT 1, LESS THE WEST TEN FEET (W 10) THEREOF, TOGETHER WITH ':4LL " OF LOT 2, BLOCK 3, OF BAYONNE SUBDIWSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT BOOK 2, PAGE 35, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PARCEL I1: LOTS 1 THROUGH 4 INCLUSIVE AND THE EAST 1/2 OF LOT 5, IN BLOCK 1, OF AMENDED PLAT OF BAYSIDE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 40 OF THE PUBLIC RECORDS OF MIAMI-DADE FLORIDA, LESS THAT PART Of LOT 10 LYING WITHIN THE RIGHT -OF --WAY OF BISCAYNE BOULEVARD. PARCEL 111: THE NORTH 155 FEET OF LOT 3 AND THE SOUTH 26 FEET OF THE EAST 13 INCHES OF LOT 4, BLOCK 3, BAYONNE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 35, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. RECORD AND RETURN TO: _KODS% LAW F1RM, P A. � 701 W. Cypress Creek Rd., Suite 302 Fort Lauderdale, Florida 33309 (954) 771-8277 Parcel Identification No. 01-3230-031-0180 This instrument was prepared by, and, after recording please return to: Kurt A. Raulin, Esq. Royal Palm Communities 1499 West Palmetto Park Road, Suite 200 Boca Raton, FL 33486-3321 (561) 347-6844 14) 111111111111111111111111111111111111111111111 CFN 2OO4R026pE822vgs) 3 OR Bk 22213 Pis 4082 RECORDED 04/14/2004 15:57127 DEED DOC TAX 0.60 SURTAX 0.45 HARVEr CLERK OF MIAhI-DADEICOUNTY, FLORIDA COURT Qu1TCLA1M DEED ii THIS Qt111CLA[M DEED (this "Deed'), dated this day of April, 2004, is made and delivered PALM FLEX ENTERPRISES, INC., a Florida corporationwhose address is 2046 North Bayshore Drive, Miami, Florida 33137-5124 ("Grantor"), to R.4YAL MtAMl HOLDINGS, LLC, a Florida limited liability company whose address is 1499 West Palmetto Park Road, Suite 200, Boca Raton, Florida 33486-3321 („Grantee"). WITNESSETH: NOW THEREFORE, IN CONSIDERATION of Ten U.S. Dollars (S10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby releases, remisesGran 's rigt, title an inter st in and forever quitclaims to Grantee all of tCcuntyhFlorida, as ri;orcep�:rticand t�j°that describe a asin .act of land located ir: the City of Miami, Miami -Dade follows: The western 10 feet of Lot 1, Block 3, Bayonne Subdivision, according to the plat thereof recorded in Plat Book 2, at Page 35 of the Public Records of Miami -Dade County, Florida. IN WITESS WHEREOF, Grantor has caused its duly authorized President to execute deliver this Deed on the date written above. WITNESSES: Signed and delivered in the prece of: Signat Printed name: Signature: Printed name: f Quitclaim Deed Page 1 Barbara Stewart Secretary (CORPORATE. SEAL) OR BK 22213 PG 4083 LAST PAGE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing Quitclaim Deed was signed and acknowledged before me this' day of April, 2004, by Charles A. Fleck and Barbara Stewart, acting as the President and the Secretary, respectively, of Flex Enterprises, Inc., a Florida corporation, on behalf of the corporation. div-idual Y. is personally known to me or , presented a Florida driver's license as identificati 1 1 Brenda Hough pYP1�',It.�l''�34433 . = Expires: Jut 2 , 2007 Bonded Thru Atlantic Bonding Co.. Inc. Quitclaim Deed Signature: Printed Warn Title: Commission expires: Page 2 DnricA 9 of 2 Lt RECORD AND RETURN TO: KODSI LAW flRM, RA. 701 W. Cypfess Creek Rd., Sas 302 Fort Lauderde77 to 33309 OW Parcel identification Nos. 01-3230-031-0180, 01-3230-031-0190, 01-3230-031-0211, 01-3230-032-0010, 01-3230-032-0020, 01-3230-032-0030,01-3230-032-0040,01-3230-032-0060 This instrument was prepared by, and, after recording please return to: Kurt A. Raulin, Esq. Royal Palm Communities 1499 West Palmetto Park Road, Suite 200 Boca Raton, FL 33486-3321 (561) 347-6844 WARRANTY DEED 111111111111111111111111111111111111111111111 CFN 2004R01573151 OR Bk 22097 Pas 2136 - 2139I (4-pas) RECORDED 03/05/2004 16:10:27 DEED DOC TAX 60,000.00 SURTAX 45r000.00 HAR/EY RUV1Ft, CLERK OF COURT 11IAr1I-DADE COUNTY: FLORIDA THIS WARRANTY DEED (this "Deed"), dated this Fifth day of March, 2004, is made and delivered by FLEX ENTERPRISES, INC., a Florida corporation whose address is 2046 North Bayshore Drive, Miami, Florida 33137-5124 ("Grantor"), to ROYAL PALM MIAMI HOLDINGS, LLC, a Florida limited liability company whose address is 1499 West Palmetto Park Road, Suite 200, Boca Raton, Florida 33486-3321 ("Grantee"). W ITNESSETH: IN CONSIDERATION of One Hundred U.S. Dollars (8100.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby conveys to Grantee fee -simple title to that certain tract of land located in the City of Miami, Mi ami- Dade County, Florida, as more particularly described in Exhibit A attached to this Deed and incorpora = h Tetr key this reference (the "Property"). To AVEANU't o 1D`tkte ("petty, q tsge ,er •' ` _ t-w-its and other rights and interests appurtenant to the Property, unto Grantee, and Grantee's successors and assigns, in fee simple forever. GRANTOR COVENANTS that Grantor is lawfully seized of fee -simple title to the Property, that Grantor has the right and authority to convey title to the Property; and that title to the Property is free of all encumbrances, except those title exceptions described in Exhibit B attached to this Deed and incorporated herein by this reference (the "Permitted Exceptions"). GRANTOR FURTHER COVENANTS that Grantee shall have the quiet enjoyment of the Property, free from any lawful disturbance in Grantee's possession thereof; that Grantor shall fully warrant and defend Grantee's title to the Property against the lawful claims of all persons, but not against those claims arising from the Permitted Exceptions; and that Grantor shall shall execute and deliver such additional documents or instruments to Grantee, or Grantee's successors and assigns, as may be Warranty Deed Page 1 of 4 • reasonably required to perfect title to the Property as described in this Deed. IN WITNESS WHEREOF, Grantor has caused its duly authorized President to execute and deliver this Deed on the date written above. WITNESSES: Signed and delivered in the presence of: Signature: Printed name: e Signature: ,,II ..'' Printed name: �Y�i -2/4; odder 4 C,aort,,is GRANTOR: FLEX ENTE aF By: S, INC., Charles R. Flec President Attest: ec l, arbrb ara Stew. #, Secretary [CORPORATE SEAL a STATE OF FLORIDA COUNTY OFMIAMI-DADE The foregoing Deed was signed and acknowledged before me this Fifth day of March, 2004, by Charles R. Fleck and Barbara Stewart, acting as the President and Secretary, respectively, of Flex Enterprises, Inc., a Florida corporation, on behalf of the corporation. This individual is personally known to me or ✓resented a Florida driver's license as identification. Warranty Deed (NOTARIAL SEAL) Signature: Printed name: g•.G1Cgy Title: Ri4G-0-€1-4.. Page 2 of 4 C,0ant Ca ission expires: • Exhibit A LEGAL DESCRIPTION OF PROPERTY ALL OF THOSE TRACTS OR PARCELS OF LAND located in the City of Miami, Miami -Dade County, Florida, more particularly described as follows: Lot 1, less the west ten feet (10') thereof, TOGETHER WITH all of Lot 2, AND the south forty- eight feet (48') of Lot 4, less the east thirteen inches (13') of the south twenty-eight feet (28') of Lot 4, Block 3, Bayonne Subdivision, according to the plat thereof recorded in PIat Book 2, at Page 35 of the Public Records of Miami -Dade County, Florida. TOGETHER WITH Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1, of the Amended Plat of Bayside Park, as recorded in Plat Book 2, at Page 40 of the Public Records. Warranty Deed Page 3 of 4 ©.,..r '? ,-; A • • OR BK 22097 PG 2139 LAST PAGE Exhibit B PERM FTTED EXCEPTIONS TO TITLE 1. Ad valorem real property taxes and assessments against the Property for the year 2004 and all subsequent years. 2. All matters set forth on the Plat ofBayonne Miami -Dade according County. o the plat thereof recorded in Plat Book 2, at Page 35 of the Public Records of 3. All matters set forth on the 40 off the aforementiaended Plat ofBed Pubaysidec Records.rk, ding to the plat thereof recorded in Plat Book 2, at Page 4. Dedication recorded in Deed Book 237, at Page 464 of the aforementioned Public Records. 5. Covenants, conditions and restriction recorded in Deed Book 109, at Page 132 of the aforementioned Public Records. 6. Joint Easement recorded in Deed Book 4177, at Page 585 of the aforementioned Public Records. Warranty Deed Page 4 of 4 • • • RECORD AND RETURN TO: IICOOSI LAW FIR,P.A. 701W. Cypress Creek 302 Fort Lauderdale, Florida 33309 (954) 771-8277 Parcel Identification Nos. 01-3230-031-0180, 01-3230-031-0190, 01.3230-031-0211, 01-3230-032-0010, 01-3230-032-0020, 01-3230-032-0030, 01-3230-032-0040, 01-3230-032.0060 This instrument was prepared by, and, after recording please return to: Kurt A. Raulin, Esq. Royal Palm Communities 1499 West Palmetto Park Road, Suite 200 Boca Raton, FL 33486-3321 (561)347-6844 11111111111111111111111111111111111111 N 11111 CFN 2OO.4-R0153152 O - 4v s1 RECORDED 03/05/200416:10:27 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA QUITCLAIM DEED THIS QUITCLAIM DEED (this "Deed"), dated this Fifth day of March, 2004, is made and delivered by FLEX ENTERPRISES, INC., a Florida corporation whose address is 2046 North Bayshore Drive, Miami, Florida 33137-5124 ("Grantor"), to ROYAL PALM MIAMI HOLDINGS, LLC, a Florida limited liability company whose address is 1499 West Palmetto Park Road, Suite 200, Boca Raton, Florida 33486-3321 ("Grantee"). W ITNES SETH : WHEREAS, Grantor has conveyed fee -simple title to certain identified real property to Grantee by virtue of Grantor's execution and delivery of that certain Warranty Deed of the same date as this Deed (the "Warranty Deed Property"). WHEREAS, the Warranty Deed Property is an assemblage of various platted is and da sother irregularly -shaped portions of platted lots, all of which together purportedly form ingle contiguous tract. WHEREAS, the title to the Warranty Deed Property may include such additional rights and other appurtenances as the fee -simple title to all or a portion of the alleyway that runs through the Warranty Deed Property, the fee -simple title to all or a portion of the public rights of way adjoining the Warranty Deed Property, as well as certain reserved riparian rights regarding the seawall and yacht basin to the east of the Warranty Deed Property. AND WHEREAS, Grantor desires to eliminate any potential gaps and gores between the assembled parcels constituting the Warranty Deed Propertyand to , Property, but withoucifically twarrr anty©f in other possible rights and appurtenances to theY any kind. Now THEREFORE, IN CONSIDERATION of Ten U.S. Dollars (S10.00), and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby releases, remises and forever quitclaims to Grantee all of Grantor's right, title and interest Quitclaim Deed Page 1 ©nr,p 1 of 4 Mi e in and to that certain tract of land located inappurtenances, e City ��f � s�m�, morae particularly described County, es,eribed in together with certain other possible rights andapP Exhibit A attached to this Deed and incorporated herein by this reference (the "Property"). IN WITNESS WHEREOF, Grantor has caused its duly authorized President to execute and deliver this Deed on the date written above. WITNESSES: Signed and delivered in the presence of: Signature Printed name Signature: Printed name: STATE OF FLORIDA COUNTY OF MJAMI-DADE GRANTOR: FLEX E aF By: Charles R. F President Attest: ar.ara S Secretary [C is FJ*p'I' u-� RPORATE SEAL] The foregoing Deed was signed and acknowledged before me this P day of March, 2004, by Charles R. Fleck and Barbara Stewart, acting n beh �fPresident corporation. Thlsslndivtdualof Hex Enterprises, Inc., a Florida corporation, personally known to me or i.V resented a Florida driver's license as identification. (NOTARIAL SEAL) Quitclaim Deed Signature: Printed name: Title: Commission expires: Page 2 Done 'i of 4 • Return to: K_ Coomes Kodsi Law Firm, PA 701 W. Cypress Creek Road, Suite 303 Fort Lauderdale, Florida 33309 Parcel Identification No. 01-3230-031-0200 This instrument was prepared by, and, after recording please return to: Kurt A. Raulin, Esq. Royal Palm Communities 1499 West Palmetto Park Road, Suite 200 Boca Raton, FL 33486-3321 (561)347-6844 111111111111111111111111111111111111111111111 CFH 2OO4RO263826 OR Bk 22213 Fss 4088 - 4091; (4pss) RECORDED 04/14/2004 15:57:27 DEED i)OC TAX 9,000.00 HARVEY RUVIH, CLERY. OF COURT MMIAt1I-DADE COUNTYr FLORIDA WARRANTY DEED THIS WARRANTY DEED (this "Deed"), dated this 13 day of April, 2004, is made and delivered by DAVID W. WoirxowsxY, a single man individually Box 1429,�Key d asWest,Trustee Flaridathe 3304avi1 t 4 9 d W. Wolkowsky Living Trust, whose address is PostOffice ("Grantor"), to ROYAL PALM MIAMI HOLDINGS, LLC, a Florida limited liability company whose address is 1499 West Palmetto Park Road, Suite 200, Boca Raton, Florida 33486-3321 ("Grantee"). W ImESSETH : IN CONSIDERATION of One Hundred U.S. Dollars (S100.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby conveys to Grantee fee -simple title to that certain tract of land located in the City of Miami, Miatni- Dade County, Florida, as more particularly described in Exhibit A attached to this Deed and incorporated herein by this reference (the "Property"). To HAVE AND To HOLD the Property, together with all easements and other rights and interests appurtenant to the Property, unto Grantee, and Grantee's successors and assigns, in fee simple forever. GRANTOR COVENANTS that Grantor is lawfully seized of fee -simple title to the Property; that Grantor has the right and authority to convey title to the Property; and that title to the Property is free of all encumbrances, except those title exceptions described in Exhibit B attached to this Deed and incorporated herein by this reference (the "Permitted Exceptions"). GRANTOR FURTHER COVENANTS that Grantee shall have the peaceful use and quiet enjoyment of the Property, free from any lawful disturbance in Grantee's possession thereof; that Grantor shall Warranty Deed Page 1 of 4 0. warrant and defend Grantee's title to the Property against the lawful claims of all persons, but not against those claims arising from the Permitted Exceptions; and that Grantor shall make such further assurances and shall execute and deliver such additional documents or instruments to Grantee, or Grantee's successors and assigns, as may be reasonably required to perfect title to the Property as described in this Deed. IN WITNESS WHEREOF, Grantor has executed and delivered this Deed on the date written above. WITNESSES: Signed and deliver Signature: Printed name: Signature: Printed name: e of: GRANTOR: Byh1`d,kW- David W. Wolkowsky, individual and as Trustee of the David W. Wolkowsky Living Trust STATE OF FLORIDA COUNTY oFBROWARD The foregoing Deed was signed and acknowledged before me this l 3`h day of April, 2004, by David W. Wolkowsky, individually and acting in his representative and fiduciary capacity as ts, Trustee of the David W. Wolkowsky Living Trust, on behalf of the trust. This individual is personally known to me or presented a Florida driver's license as identification. Warranty Deed (-NOTARIAL SEAL) z,r, : ROBERT E. KORN +R : "'`Y NI1 COWAI SON DO2512t7 4, . ' EXPIRES: December7,2O 7 o gode6 Thr.i tioliet H thT Ser+ co il Signature: Printed name: Title: Commission expires: Page 2 of 4 • • o Exhibit A LEGAL DESCRIPTION OF PROPERTY ALL OF THOSE TRACTS OR PARCELS OF LAND located in the City of Miami, Miami -Dade County, Florida, more particularly described as follows: The northern 155 feet of Lbt 3, TOGETHER WITH the southern 28 feet of the eastern 13 inches of Lot 4, Block 3, Bayonne Subdivision, according to the Plat thereof recorded in Plat Book 2, at Page 35 of the Public Records of Miami -Dade County, Florida. Warranty Deed Page 3 of 4 OR BK 22213 PG 4-091 LAST PAGE Exhibit B PERMITTED EXCEPTIONS TO TITLE l . Ad valorem real property taxes and assessments against the Property for the year 2004 and all subsequent years. 2. All matters set forth on the Plat of Bayonne Subdivision, according to the plat thereof recorded in Plat Book 2, at Page 35 of the Public Records of Miami -Dade County. Warranty Deed Page 4 of 4 Pnae4of4 • • • Exhibit A DESCRIPTION OF PROPERTY ALL OF THAT TRACT OR PARCEL OF ADflocated in the City of Miami, Miami - Dade County, Florida, as more particularly described as BEGINNING at the intersection of the southerly hright Qf way lineline of N.E. 21st of North BayshoreeDrvve (a foot wide public right of way) and the westerly g public right of way of variable width), such intersection being marked by a nail and washer found (LB 6063). FROM THE POINT OF BEGINNING THUS ESTABLISHED; THENCE runningoNorth South Ba04° 26' Drive 24" West for a distance of 154.95 feet along the westerly right-of-way 1 ne (a public right of way of variable width) to a nail feet along (LB s8aid ght f wa; THENCE y tine and continuing South 04° 26' 24" West for a distance of i 5.48 to a point; THENCE running South 01° 29' 47" East for a distance of 12.00 feet along said right- of-way line to a nail and disc found (LB 6086); THENCE running and continuing South 01° 29' of the 47" East for a distance of 108.0$ feet along said ght-of-way line to the intersection 4right f way} and the westerly right-of-way line of North Bayshore D {a0-� €wide publicht of way), such northerly right-of-way line of N.E. 20th Terracefoot wide sidewalk; pTH�NCE ublic grunn,ing South 88° intersection being marked by a nail found in the concrete 27' 10" West for a distance of 548.18 feet along he the intersectioy n the northerlylright-of-way lineQ Terrace (a 51-foot wide public right of way) tot -of wa line of of N.E. 20th Terrace (a 51-foot wide public public right of way,suchthe inte section being marked by a Biscayne Boulevard (a 100-footide nail and disc set (BEC 0129); THENCE running North 00° 23' 49" West for a distance of 120.12 feet along the easterly right-of-way line of Biscayne Bou� dconari 00-- ot wide ing North OOpublic right of st way) to a one -half -inch iron pin found; THENCE running for a distance of 7.50 feet along said right-of-way line running North 88° 27' centerline 17" East private alleyway (a 15-foot wide private right of way); distance of 205.84 feet along the centerline of said alleyway (a 15-foot wide private right of way) to a point; THENCE running North 01° 09' 22" West for aaldistanc �a I 7.50 �Qotewide private right of iron pin found on the northerly right-of-way line of s alleyway way); THENCE running and continuing North 01° 09' N288° 27' 17" " West for aEastt fanor a distance of 0e of 70.23 feet to a nail and disc found (BEC 0129); THENCE runningortha point; feet to a point; THENCE running South 01° 00' 08" East fodistanceof1r08feet to a ofp2 00 feet toiHENCE g THENCE running South 88° 27'17"West for a distance South 01° 00' 08" East for a distance of 28.00 feet to afive-eigh asl5f-f of de r p ate right of ar pin and cap found on the northerly right-of-way line of a private alleyway way); THENCE running and continuing Sots o1° 00' 8"iva East te nor distancef wof 7.50 . feet e running point on the centerline of said alleyway (a THENCE North 88° 27' 17" East for a distance o�ance of 73.18 eet 7.50 feetgsaid to a one-halfiron pintfound (LB running North 01° 00' 08" West for a a 15-foot wide private right of way); 6086) on the northerly right-of-way line of said alleyway THENCE running and continuing North 01° 00' 08 West for a distance of 69.50 feet to a point; Quitclaim Deed Page 3 OR B1G 22097 PG 2143 LAST PAGE THENCE running THENCE running North 88° 27' 15'�astfor a vf 84 Sltfeet toce f a tzar© and dzscfeet to a setn(BEC pI29) on the North OI° C10' 0$" West for a d THENCE southerly right-of-way line of N.E. 2lst Street f 203 80 a feet t a along saide d rc ight-of-way linej to a nail running North $$° 27' 22" East for a distance and washer found (LB 6036), which nail and washer mark the POINT Of BEGINNING. TOGETHER WtT all of Grantor's right, title and interest in and to that certain alleyway that is adjacent to and adjoining the Property. TOGETHER WITH all of Grantor's right, title and interest in and to those certain public and private rights of way that are adjacent to and adjoining the Property. AND TOGETHER WITH all of Grantor's right, title and interest in and to that certain seawall and yacht basin that is adjacent to the eastern boundary of the Property. The foregoing legal description was prepared according to thoseeme srtifiedo urements 'and P.A.alculations shown on that certain ALTAIACSM Land Title and Attorneys Title Insurance Royal Miami Holdings, LLC, Hillcrest Bank, Kodsi Law Finn, S M 1643), Fund, as prepared by Biscayne Ere nviseed Mari h 3 sign ed by George C. Bolton (P. dated February 26, 2004, and last20 Quitclaim Deed Page 4 Dnrna 4 of 4 • • • Return to: K. Coomcs tCocisi Law Firm, PA 701 W. Cypress Creek Road, Suite 303 Fort Lauderdale, Florida 33309 Parcel Identification Nos. 01-3230-031-0180, 01-3230-031-0190, 01-3230-031-0200, 013230032 0030, 01-3230-032-0040, 01-3234 032-0060 This instrument was prepared by. and, after recording please return to: Kurt A. Raulin, Esq. Royal Palm Communities 1499 West Palmetto Park Road, Suite 200 Boca Raton, FL 33486-3321 (561) 347-6844 111111111111111111111111111111111111111111111 CFN 2OO4R0263827 OR - 4P9s? RECORDED 04/14f200415:57:27 DEED DOC TAX 0.60 HARVEY , CLERK OF 11IAt1I-DADEI COUHTYr FLORIDARF QUITCLAIM DEED THIS QUITCLAIM DEED (this "Deed"), dated this 13th day of April, 2004, is made and Office Box 1429, Key West, Florida 33041- delivered byDAVID W. WOLKOWSKY, a single man individually and as the Trustee of the David dell whose address is Post G W. Wolkowsky Living Trust, a Florida limited liability 1429 ("Grantor"), to ROYAL PALM MIAMI HOLDINGS, LLC, company whose address is 1499 West Palmetto Park Road, Suite 200, Boca Raton, Florida 33486-3321 ("Grantee"). WITNESSETH: WHEREAS, Grantor has conveyed fee -simple title to certain identified real property to rantee b virtue of Grantor's execution and delivery of that certain Warranty Deed of the same G Y date as this Deed (the "Warranty Deed Property ). WHEREAS, the Warranty Deed Property is an assemblage of portions of two or more platted lots, all of which together purportedly form a single contiguousadditional rights and WHEREAS, the title to the Warranty Deed Property may include such that runs through other appurtenances as the fee -simple title to all or a portion of the alleyway rights of way nt Deed Property, the fee -simple title to all or aportion ed riparian public regarding the the Warranty as well as certain P adjoining the Warranty Deed Property, seawall and yacht basin to the east of the North Bayshore Drive. the east, south and WHEREAS, Grantee has also acquired an assemblage of parcels to southwest of the Warranty Deed Property from Flex Enterprises, 1rtc., by virtue of that certain Warranty Deed reco rded in Official Records Book 22097, at Page 2136 of the Public Records of Miami -Dade County, Florida (the "Former Flex Property"). Quitclaim Deed Page 1 Pagel of 4 AND WHEREAS, Grantor desires to assist Grantee in eliminating any potential gaps and gores between the assembled parcels constituting the Warranty Deed Property, and in eliminating any gaps arid gores between the Warranty Deed Property and the Former Flex Property, and to specifically transfer certain other possible rights and appurtenances to the Warranty Deed Property, but without warranty of any kind. Now THEREFORE, IN CONSIDERATION of Ten U.S. Dollars (S 10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby releases, remises and forever quitclaims to Grantee all of Grantor's right, title and interest in and to that certain tract of land located in the City of Miami, Miami -Dade County, Florida, together with certain other possible rights and appurtenances, as more particularly described in Exhibit A attached to this Deed and incorporated herein by this reference (the "Property"). IN WITNESS WHEREOF, Grantor has executed and delivered this Deed on the date written above. WITNESSES: Sigma and delivered in the presence of: Signature: Printed name: 423.:11. Signature: Printed name: GRANTOR: By: QA David W. Wolkowsky, individually and as Trustee of the David W. Wolkowsky Living Tnist STATE OF FLORIDA COUNTY of BROWARD The foregoing Deed was signed and acknowledged before me this 131H day of April, 2004, by David W. Wolkowsky, individually and as the T stee of the David W. WolkowskLiving a Trust, on behalf of the trust. This individual is personallyknown to me or presented Florida driver's license as identification. Quitclaim Deed (NOTARIAL SEAL) A*" •U, ROBERT E. KORN GOhIMISSION OD 264241 EXPII?ES:Decerini 7 awod Ur, audget Signature: Printed name: Title: Commission expires: Page 2 nnn Page 2of4 • • « Exhibit A DESCRIPTION OF PROPERTY ALL OF THAT TRACT OR PARCEL OF LAND follows: d in the City of Miami, Miami -Dade County, Florida, as more particularly described aso BEGINNING at the interseciion of the southerly right-of-way line of N.E. 21st Street (a 50- foot wide public right of way) and the westerly �ect on being mark d by ht-of-way line f North Ba na band washer re Drive (a public right of way of variable width), such inter found (LB 6036). • FROM THE POINT OF BEGINNING THUS ESTABLISHED; HENCE running South 04' 2e ' 02e 2" West for a distance of 154.84 feet along the westerly line of Nor h (a public right of way of variable width) to a nail and washer found (LB 6086); THENCE running and continuing South 04° 26' 02" West for a distance of distance of 12.008 feet along sfeetaid ralong s d right - line to a point; THENCE running South 01 29'47"East fo of -way line to a nail and disc found (LB 6086); THENCE running and continuing South 01° 29' f the 47" East for a distance of 108.10 feet along n d �40-foot wide public right of way) aht-of-way line to the intersection �d the westerly right-of-way line of North Bayshore D (aht of way), such northerly right-of-way line of N.E. 20th Ter -race thecancrete Bode alit; THENCEigrunning South 88° intersection being marked by a nail found in th 27' 10" West for a distance of 548.47 feet along the northerly lof the northerly of -way line Terrace (a 51-foot wide public right of way) to the intersection of N.E. 20th Terrace (a 51-foot wide public right of way) and the easterlyn bright-of-way t-ofring - eyed line a f Biscayne Boulevard (a 100-foot wide public right of y), nail and disc set (BEC 0129); THENCE running North 00° 19' 42" West for a distance of 120.16 feet along the easterly right-of-way line of Biscayne Boulevard coat inu100-foot ing North wide p bli42` West of way) to a one -half -inch iron pin found; THENCE ga and for a distance of 7.50 feet along said right-of-way Tt2?� 2Zo East pivate alleyway (a 15-foot wide private right of way); THENCE running North 88° distance of 205.79 feet along the centerline of said alleyway of 7 ide feet to a o rivate right bhalfway) nch to a point; THENCE running North Qi 05' 16" Westa 1 S-foot wide private right of iron pin found on the northerly right-of-way line of said alleyway feet to a way); THENCE running and continuing North 0�° 05' 16'' West for a distance of North 88° 27' 17" East for a dista 40e of 70 10 nail and disc found (BEC 0129); THENCE runningNorth feet to a five -eighths -inch iron pin and cap found (0129); 2THENCE on the south gly ght �1° ©5' line 6" ay West for a distance of 106.00 feet to an iron pin found THENCE running North 88° 27' 22" East f©r of N.E. 2 i st Street (a 50-foot public right-of-way); iron in a distance of 71.95 feet along said right-of-way line to a East one-haa distance of p0 OQ ndet(B g 6said 086); THENCE running and continuing North 88°27'22 THENCE running and continuing North 88° right-of-way line to a nail and disc set (BEC 0129); 27' 22" East for a distance of 203.93 feet along said right-of-way line to a nail and washer found (LB 6036), which nail and washer mark the POINT OF BEGINNING. Quircfaim Deed Page 3 • ORBK 22213 PG 4O9 5 LAST PAGE TOGETHER WITH all of Grantor's right, title and in Brest in and tothatcertain alleyway (a l5-foot private right of way) that is adjacent to and adjoining TOGETHER WITH all of Grantor's right, title and interest in and to those certain public and private rights of way that are adjacent to and adjoining the Property_ AND TOGETHER WITH all of Grantor's right, title and interest in and to that certain seawall and bay bottom that is adjacent to the easterly right-of-way line of North Bayshore Drive. The foregoing legal description was prepared d ccTipledinSugrveyt certified toto hose rRoyals and Palm calculations shown on that certain "ALTAJACSM L Miami Holdings, LLC, Hiilcrest Bank, Kodsi Law Firm, P.A. and Attorneys Title Insurance Fund, as prepared by Biscayne Engineering, Inc., signed by George C. Bolton (P.S.M. 1643), dated February 26, 2004, and last revised April 6, 2004. Quitclaim Deed Page 4