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HomeMy WebLinkAboutApplication & Supporting DocsHEARING 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. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. 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, A valid 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 is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 12-14-04 I, Adrienne F. Pardo on behalf of Royal Palm Miami Holdings. LLC owner and Bacardi USA, Inc., owner, 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 address and legal description on a separate sheet of paper, labeled "Exhibit A". 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 317 NE 20th Terr., 341 NE 20 Terr., 345 NE 20 Terr., 363 NE 20 Terr., 2040 N Bayshore Drive., 2066 N. Bayshore Dr., 2072 N. Bayshore Dr., 348 NE 21 St., 340 NE 21 St., 338 NE 21 St., and 2075 Biscayne Blvd. AND MORE PARTICULARLY DESCRIBED AS: Attached Exhibit "A" Alley Legal Description and Attached Exhibit "B" Property Adjacent to Alley 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 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 Department (3rd Floor) at 305-416-1400 for information.} No 13. What is the acreage of the project/property site? Approximately 3.7 acres for all the property adjacent to alley and 10,321 square feet of alley to be closed and vacated (.23 acres). Rev. 12-14-04 2 14. What is the purpose of this application/nature of proposed use? Approval of alley closure and vacation to allow for a unified site for a Major Use Special Permit project consisting of 355 units and retail. 15. All documents, reports, studies, exhibits (8 V2 x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 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 Name Adrienne F. Pardo Telephone 305-579-0683 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 1221 Brickell Avenue Miami, Florida 33131 Date The foregoing instrument was acknowledged before me this day of `" 2005, by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of a(n) individuallpartnershipfcorporation. He/She is.:Pg=natiOnown to me or who has produced as identification and who did (did not) take an oath. -, / r / (Stamp) ---"" Signature toIris Escsrra a� My Commission DD360120 rd Expires October 08, 2008 Rev. 12-14-04 3 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, ❑ 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. Adrienne F. Pardo Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applican The foregoing instrument was acknowledged before me this 73 day of -e1- 2005, by Adrienne F. Pqrdo , wljo is a(n) individual/partner/agent/corporation of L ; i Er , LA, a(n) individual/partnership/corporation. He/She is er ona now' o m ordwho has produced as identification and who did (did not) take an oath. (Stamp) iris Escarre My Commission D0300120 ir Expires Or.iober 08. 2008 Signature Rev, 12-14-04 4 DISCLOSURE OF OWNERSHIP 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(es) Royal Palm Miami Holdings, LLC Subject Property Address(es) Approximately 317 NE 20th Terr., 341 NE 20 Terr., 345 NE 20 Terr., 363 NE 20 Terr., 2040 N Bayshore Drive., 2066 N. Bayshore Dr., 2072 N. Bayshore Dr. 348 NE 21 St., and 340 NE 21 St., Miami, Florida Telephone Number (561) 347-6844 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question #1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Adrienne F. Pardo u x 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 t day of C 9 t- Sri 005, by Adrienne F. Pardo , who is a(n) individual/partnerlagenticorporation of ;1 t j f n .yam y 1� ,w�. a(n) individualfpartners ip/corporation. He/She is personalty knowp to me oii who has produced as identification and who did (did not) take an oath. �rs Ear My Co ;ssion pp380l 2O '' ov �cl Expires October 08, 2008 (Stamp) Signature Rev. 12-14-04 5 DISCLOSURE OF OWNERSHIP 4. Street address and legal description of subject property: 338 NE 21 St., and 2075 Biscayne Blvd 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 Bacardi. USA, Inc., a Delaware corporation , a wholly owned subsidiary of Bacardi Limited, a Bermuda corporation Mailing Address 2100 Biscayne Blvd, Miami, FI Zip Code 33137 Telephone Number 305-573-8511 *Bacardi Limited, a private company registered in Bermuda, is principally owned and controlled by the descendants and spouses of the original Bacardi family that founded the Bacardi rum business in 1862." 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 2100 Biscayne Blvd Lots 5, 6, 7 and N. 106' of 2138 Biscayne Blvd .35) Owner or Attorney for Owner Name Ow', r `•r Attorney f Owner Signature STATE OF FLORIDA COUNTY OF E The foregoing instrument was acknowledged before me this 17 day of 2004, by Gerald L. Knight who is a(n) attorney for Bacardi USA, Inc., a Delaware corporation. He/She-is personally known to me or who has produced as identification and who did (did not) take an oath. Jennifer Brown MY COMMISSION # DD214779 EXPIRES June 2Z 2007 BONDEDfHRU TROY FAIN INSURANCE INC. (Stamp) 6 Rev. 05-14-04 February 7, 2005 To: CITY OF MIAMI, a municipal corporation Re: OPINION OF TITLE regarding Lots 1, 2, 3, 4, 5, 6 and 7, Block 3, according to the plat of Bayonne Subdivision recorded in Plat Book 2, at Page 35; and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1, according to the Amended Plat of Bayside Park recorded in Plat Book 2, at Page 40 of the Public Records of Miami -Dade County Dear sir or madam: With the understanding that this Opinion of Title is to be furnished to the 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 subdivision plat encompassing the Property described above. We hereby certify that we have examined Owner's Title Insurance Policy No. OPM-2501962, issued by Attorneys' Title Insurance Fund, Inc., with an effective time and date of 3:57 p.m., April 14, 2004, regarding the Property. Based on the foregoing evidence of title covering such period, it is our opinion that on the last mentioned date that fee -simple title to the real property described in Exhibit A was vested in: Royal Palm Miami Holdings, LLC, a Florida limited liability company Such title to the property identified in Exhibit A is subject to the following identified encumbrances, liens and other exceptions: GENERAL EXCEPTIONS: 1 All taxes for the year in which this Opinion is rendered and subsequent years. 2. Rights or claims of parties other than the identified owner who may be in possession. 3. Any unrecorded laborers', mechanics' or materialmen's liens. 4. All liens created by Section 159.17, FLA. STAT., in favor of any city, town, village or port authority for unpaid service charges for water, sewer or gas system serving such property. 5. Liens and assessments imposed pursuant to Chapter 84-10 of the Metropolitan Miami - Dade County Code, if any. SPECIAL EXCEPTIONS: 6. 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. Opinion of Title 'February 7, 2005 Page 2 7. All matters set forth on the Amended Plat of Bayside Park, according to the plat thereof recorded in Plat Book 2, at Page 40 of the aforementioned Public Records. 8. Dedication recorded in Deed Book 237, at Page 464 of the aforementioned Public Records. 9. Covenants, conditions and restriction recorded in Deed Book 109, at Page 132 of the aforementioned Public Records. 10. Joint Easement recorded in Deed Book 4177, at Page 585 of the aforementioned Public Records. 11. Mortgage, Security Agreement, Assignment of Rents and Fixture Filing recorded in Deed Book 22097, at Page 2144 of the aforementioned Public Records. Furthermore, we also hereby certify that we have examined Commitment to Insure Title No. CF- 1382644, issued by Attorneys' Title Insurance Fund, Inc., with an effective time and date of p.m., December , 2004, regarding that certain real property more particularly described in Exhibit B attached to this letter and by this reference incorporated herein. Based on the foregoing evidence of title covering such period, it is our opinion that on the last mentioned date that fee -simple title to the real property described in Exhibit B was vested in: Bacardi -Martini U.S.A., Inc., a Delaware corporation Such title to the property identified in Exhibit B is subject to the following identified encumbrances, liens and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year 2004 and subsequent years. 2. Rights or claims of parties other than the identified owners who may be in possession. 3. Matters that would be disclosed by an accurate survey of the property. 4. Any unrecorded laborers', mechanics' or materialmen's liens. 5. All liens created by Section 159.17, FLA. STAT., in favor of any city, town, village or port authority for unpaid service charges for water, sewer or gas system serving such property. 6. Liens and assessments imposed pursuant to Chapter 84-10 of the Metropolitan Miami - Dade County Code, if any. SPECIAL EXCEPTIONS: Opinion of Title February 7, 2005 Page 3 7. Reservation of easements set forth in those certain warranty deeds recorded in Deed Book 121, at Page 475; Deed Book 158, at Page 19; Deed Book 185, at Page 386; and Deed Book 187, at Page 20; all of the aforementioned Public Records. 8. Dedication for sidewalk and parkway purposes set forth in that certain instrument dated November 29, 1920, and as recorded in Deed Book 237, at Page 464 of the aforementioned Public Records. 9. Dedication for sidewalk purposes set forth in that certain instrument dated December 15, 1926, and as recorded in Deed Book 1029, at Page 408 of the aforementioned Public Records. 10. "Joint Easement," dated October 31, 1955, as originally recorded under Clerk's File No. EE-168564, and re -recorded in Deed Book 4177, at Page 585 of the aforementioned Public Records. 11. "Covenant Running With the Land in Favor of the City of Miami," dated December 10, 1990, recorded Official Records Book 14867, at Page 593 of the aforementioned Public Records. Certain portions of the properties described in Exhibit A and Exhibit B are subject to a private right-of-way easement a described on the plat of Bayonne Subdivision and the Amended Plat of Bayside Park, ownership of which was expressly reserved by such plats and not dedicated to any government authority or the public generally. Pursuant to the established precedents of the Florida Supreme Court, fee -simple title to such private right-of-way is vested in the owners of the abutting platted lots of the subdivisions, each fee -simple owner receiving fee -simple title to that portion of the platted right of way immediately abutting such owner's platted lot and extending to the centerline of such private right of way (see, e.g., Servando Building Company v. Zimmerman, 91 So.2d 289, 293 (Fla. 1956)). It is a generally recognized principle of the law of real property that the owners of lots within a platted subdivision acquire implied private easements to use all streets, roads and other rights of way shown on the subdivision plat. However, the Florida Supreme Court has limited the application of such implied easement rights in Florida, and has expressly adopted the so-called "intermediate" rule regarding private right-of-way easements that arise by implication from the recording of a subdivision plat (Powers v. Scobie, 60 So.2d 738, 740 (Fla. 1952)). Specifically, the Florida Supreme Court has held that the owners of subdivision lots only acquire an implied easement to use a platted right of way to the extent that (a) the particular right of way is reasonably and materially beneficial to the owners of such lots, and (b) the loss of such implied easement to use such right of way would reduce the value of the lots in question (Powers, 60 So.2d at 740; see also, generally, Boyer, FLORIDA REAL ESTATE TRANSACTIONS § 110.11[3]). Given the particular circumstances of the subject properties, it is our opinion that the private right of way materially benefits only the owners of the abutting lots (that is, the subject properties identified in Exhibit A and Exhibit B), and not the owners of the other platted lots within the Bayonne and Bayside Park subdivisions generally. Because the private right of way does not provide vehicular or pedestrian access to or from the nearby public rights of way or any other material benefit to the owners of the other, non -abutting lots within the subdivisions, it is our further opinion that the vacation of the private right of way pursuant to the proposed replat is not likely to impair the value Opinion of Title February 7, 2005 Page 4 of such other non -abutting lots. Accordingly, we conclude that a Florida appellate court, correctly applying the established precedents of the state supreme court, would hold that no other subdivision lot owners, other than Royal Palm Miami Holdings, LLC and Bacardi -Martini U.S.A., Inc., hold any easement to use the private right of way abutting their respective properties described in Exhibit A and Exhibit B. Furthermore, to the extent that any reversionary interests were created by virtue of the above - described plats, such interests have been rendered unenforceable by the operation of Section 177.085, FLA. STAT. The undersigned has conducted a title search of the public records of Miami -Dade County, Florida for the described property in attached Exhibit A and Exhibit B. Our search revealed that there were no instruments recorded in the public records which state that any of the owners of property within these subdivisions filed an action pursuant to Section 177.085, FLA. STAT., for any interest in the private right of way sought to be closed by this tentative plat between July 1, 1972 and July 2, 1973. Therefore, it is our opinion that in order to vacate the existing private right of way and to replat the properties described in Exhibit A and Exhibit B as the "Bayonne-Bayside Replat," only the following identified holders of fee -simple title of the properties must consent to and join in the proposed private right of way vacation and re -platting of such properties, and in order to grant the City of Miami, Florida and the public a good and proper title to the dedicated areas shown on the final plat of such properties, the subdivision to be known as the "Bayonne-Bayside Replat": Name Interest Special Exception No. 1. Royal Palm Miami Holdings, LLC fee simple n/a 2. Bacardi -Martini U.S.A., Inc. fee simple n/a I, the undersigned attorney and authorized agent of the Kodsi Law Firm, 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. For the Firm, Komi LAW FIRM, P.A. By: Steven R. Amster, Attorney at Law 2090-SS-67 F\SURV[Y\PROJECTS\770O0's\77256\SKETCH TO ACCOMPANY\dwg\SKETCH TO ACCOMP.dwy 6 B SCALE: 1 "-10t1' S EVOt WO ARLOGOMPAUCT TAMOILL DESORTE ION ALLEY TO BE VACATED BLOCK 3 .- R<a HT -OF -WAY _:NE f a 3 ° 5 X o' P.O.B. BAYONNE SUBDIVISION (P.B, 2, PG 35) J t In ' N88'27'22'E 1 547,16' .� ; ALLEY Z • 35714'! S887'22 W PlMENDED. PLAT OF BAYSIDE PARK(P B 2 t PG. 40) 55 9 1 9 1 8 7 6 I ' 5 G zBLO K 1 � j LEGAL DESCRIPTION Tp SO4.26'24'W 1 15,19' i� 6 a z w S88°27'22'W 150.10' i� i IN7'4°17'03'W �m 3 �40,44' 2 a 1 FI 1. of c4s A portion of North Avenue as shown on the PLAT OF BAYONNE SUBDIVISION according to the plat thereof as recorded in Plat Book 2 at Page 35 and a portion of North Avenue as shown an the AMENDED PLAT OF BAYSIDE PARK as recorded in Plat Book 2 at Page 40, both of the public records of Miami —Dade County, Florida, being Collectively one parcel of land and herein referred to as 'alley'; now being more particularly described as follows: BEGIN at a point on the Northerly line of said alley and the Easterly line of Biscayne Boulevard being 55 feet Easterly of the City monument line for Biscayne Boulevard as shown on the Municipal Atlas City of Miami Sheet No. 21—AN, last revised 07-10-70; thence run N88°2722"E along the southerly line of Block 3 of said PLOT OF BAYONNE SUBDIVISION for 547.16 feet to a point on the westerly line of North Bayshore Drive as shown the plat RIGHT—OF—WAY ACQUISITION N. BAYSHORE DRIVE according to the plat thereof as recorded in Plat Book 72 at Page 75 of the public records of Miami —Dade County, Florida; thence run SO4°26 24 "W for 15. 19 feet; thence run 501 °29'47'E for 11.89 feet, the last two mentioned courses being coincident with the westerly line of said North Bayshore Drive; thence run S88°2722 W for 150.10 feet; thence run N74°17'03"W for 40.44 feet; thence run S88°2722"W for 357.14 feet to a point on the easterly line of said Biscayne Boulevard, the last three mentioned courses being coincident with the Northerly line of Block 1 of said AMENDED PLAT OF BAYSIDE PARK; thence run NOO'23'49 "W along the easterly line of said Biscayne Boulevard for 15.00 feet to the POINT OF BEGINNING, being in the City of Miami, Miami —Dade County, Florida and containing 10,231 square feet, 0.23 acres more or less. NOTE: The bearings in this description are based on an assumed bearing of NOO°23'49"W for the City monument line on Biscayne Boulevard at this location. ABBREVIATIONS: Pf = MONUMENT LiNE PB = PLAT BOOK PG = PAGE DRAWING: 2090-SS-67 BiSCAYNE ENGINEERING COMPANY, INC. 529 WEST FLAGLER STREET, MlAMI, FL. 33730 (305) 324-7671 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION E8-0000729, LB--0000129 GEORGE C. BQLTON (PRESIDENT) DATE: 02-07-05 PROFESSIONAL SURVEYOR AND MAPPER NO. 7545 STATE OF FLOR10A FOR: ROYAL PALM ORDER No. 03-77256 SHEET 1 OF 1 ye FOUNDED ?898 BISCAYNE ENGINEERING COMPANY, INC. Consulting Engineers • Planners • Surveyors MIAMI 529 WEST FLAGLER STREET FLORIDA, 33130 PH: (305) 324-7571 FAX: (305) 324-0809 Exhibit "A" 02-05-' 05 11:48 F 3OM- T-221 P02/12 U-451 L 'GAL pESCRIPTION FOR PROPERTY ADJACENT TO ALLEY LOTS 1 THROUGH 7 INCLUSIVE, LESS THAT PORTION OF LOT 7 TAKEN AS ADDITIONAL RIGHT—OF—WAY FOR BISCAYNE BOULEVARD, BLOCK .J, PLAT OF BAYONNE SUBDIVISION, PLAT BOOK 2 AT PACE 35 AND LOTS 1 THOUGH 10 INCLUSIVE, LESS THAT PORTION OF LOT 10 TAKEN AS ADDITIONAL RIGHT--OF—WAY FOR BISCAYNE BOULEVARD, BLOCK 1, AMENDED PLAT OF BAYSIDE PARK, PLAT BOOK 2 AT PAGE 40, TOGETHER WITH THAT PORTION OF THE ALLEY LYING NORTHERLY OF AND ADJACENT TO SAID BLOCK 1 AND EASTERLY OF THE EASTERLY RIGHT—OF—WAY LINE OF BISCAYNE BOULEVARD AND WESTERLY OF THE WESTERLY RIGHT—OF—WAY OF NORTH BAYSHORE DRIVE AS SHOWN ON THE RIGHT --OF— &/AY ACQUISITION NORTH BAYSHORE DRIVE, PLAT BOOK 72 AT PAGE 75, ALL PLATS ARE RECORDED IN THE PUBLIC RECORDS OF MIAMI—DADS COUNTY FLORIDA_ LYING IN THE CITY OF MIAMI, M1AMI—MADE COUNTY, FLORIDA. DRAWING: 2090-SS-67-1 FOR: ROYAL PALM ORDER No. 03-77256 SHEt_l 1 OF I 7 BISCAYNE ENGINEERING COMPANY, INC. r•^ re, n6€U Mr $ Consulting Engineers • Planners • Surveyors MIAMI 89 WEST `LAGLER 57REET FtORiDA, 33130 Ft,: (31 S) `324-7ti71 r ax: (3o3) 3Z4-0830 WEB SITE www.aiacayaesnnvner'v.9.nm �"taAil:;n[?3pdt4Y.r14M, inppr.C4s'n {r. 14552 d IC8T R[C. r WARRANTY DEED 'THIS DENTURE, made this ae."4day of August, 1990, between t1 CHARLES 0. MORGAN SR. a/k/a CHARLES 0. MORGAN, a married man, CHARLES 0. MORGAN, JR. a/k/a CHARLES MORGAN, JR., a married man, and RAYMOND A. MORGAN, a married man, individually and doing business as MORGAN PROPERTIES, formerly known as MORGAN PIANO COMPANY, parties of the first part, and CASTLETON BEVERAGE CORPORATION, a Florida corporation, c,lerj5 Biscayne Boulevard, Miami, Florida, 33137, party of the second part., W I T N E S S E T H: That the said parties of the first part, for and in consideration of the sum of Ten and no/1U0 ($10.00) Dollars, to them In hand paid by the uaid party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said party of the second part and its successors and assigns forever, the following described land, situate lying and.being in the County of Dade, State of Florida, to wit: Lot 5, and the North 155 feet of Lot 6, and the North 155 feet of Lot 7, and the North"107 feet of Lot 4, Block 3, BAYONNE SUBDIVISION according to the Plat therof, as recorded in Plat Book 2, Page 35, of the Public Record of Dade County, Florida, together with improvements thereon; a/kia 2075 Biscayne Boulevard, Miami, Florida, and Folio tf 01-3230-031--0210-5; 0 01-3230-031-0220-4. Grantee's Employer Identification No. 59--1295645 SUBJECT TO: Restrictions, easementu,_conditions, dedications, and limitations of record; Zoning ordinances, if any; Taxes for the year 1990 and subsequent years. Z � ra And the said party of the first part does hereby fully • tr 5 m ms� warrant the title to said land, and will.defend the sane against 4`� the lawful claims of all persons whomsoever. c T U n The aforedescribed property is not and never has been the :iceY homestead of the party of the first part and the party of the —1-, first part resides at another address in Dade County, Florida.:t IN WITNESS WHEREOF, the said party of the first part has hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in ur presence;, , w Z CC us (1) .� ; r . N,, ;1 , CHALE.' 0. MORGAN, SR. a/k/a/• CHA S 0. MORGAN tL (tt CHARLES O. MIRGA `, JR. a/k/a CHARLES HO' AN s-AYMOD A. MORGAN Of REC Premed by and return to; GREGORY T. MARTINI Attorney id Law SACHER, MARTINI & SACKER, P.A. 2063 L:SJeurne Road Suit* 1101 Coral Gables, Florida 33134 309 4di-3900 File No.: 4243 WMI Call No.: .. 8533;2090 99R 1' �3283 €999 IlAR 24 16:08 DDCSTPDEE 9r359,4O SURTX 7,019.55 HARVEY RUM, CLERK DADE COUNTY, FL [Space Above This Line For Recording Data[ Warranty Deed This Warranty tied made this 1Sth day of March, 1999 between CASTLETOH BEVERAGE CORPORATION, a Florida corporation whose post of5i7e addrw>F is 2100 Biscayne Boulevard, Miami, Florida 33137 grentorr, and BACARIXMARTINIiI.S.A.,INC., a Delaware corporation whore pat office address is 2100 Blsccayn. Boulevard, Miami, Florida 33137 grantee: (Morten used raven the ewer. 'greed' and 'grunter' kakrde M the press to tree irar ument and the hw., legal rwrwr asw.. �n 4f inthlduata, end the rao.ware and ...tsar of oorya.tiora, Owe and trues..) WIfNESSETH, that said grantor, for and in consideration of the sum of TEN AND NOI100 DOLLARS (610,90) and. other good and valuable consideretione to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and bold to the said grantee, and grantee's heirs end assigns forever, the following described land, situate, tyk►g and being in tltirmWade County, Florida to -wit: The North 107 feat of tot 4, all of Lot 6, and the North 165 fast of Lots 6 end 7, all in Block 3, of Plat of Bayonne Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 35, of the Public Records of Dada County, Florida. Parcel Identification Number. 01-3230-031-0210; 014230-031-0220 COPf,rr000. HAHVry tiVIN TOGETHER with all the tenements. hereditaments and appurtenances thereto belonging ar in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey saki land; that the grantor hereby fully warrants lire tide to said land and will defend the same against the lawful claims of ell persona whomsoever; and that said land le free of all encumbrances, except taxes accruing subsequent to December 31, 1998. 1N WITNESS WHEREOF. grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: CASTLZTCN H=V*RAG; CORPORATION, a Florida coo, orat Hy: Witham* Nome: e.7 ,.1a r' 7 Witness liar: STATE OF FLORIDA COUNTY OF DUVAL TiLIPi LOPE Via. Pra.irtent\ ' (Corporate seal) '9 11_.t 1'.,,,. The foregoing instrument was acknowledged before me this 16th day of March, 1999 by FELIPE LePEZ, Vice President of CASTLE TON BEVERAGE CORPORATION, a Florida corporation, on behalf of the corporation. Helehe k perswrely known to me or has produced as identificcation. Notary Seel] E Wier Notary Public MYCpt�• CCT29z9 EKi'IRES Printed Name: ('10,e,.4 E. /r I t 1 September 15, 2oo2 My Commission Expires: Q- f s - c la -KW .ufarrtiriNSLRAI+¢arc 11111111111113111111111111111111111111111111 Return to. K. Caornes 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 CFN 2004-R0263826 OR Bk 22213 Rss 4088 - 4091; (4vss) RECORDED 04/14/20004 15:57:27 DEED DOC TAX 9,000.00 HARVEY RUVINM CLERK OF COURT MMIAFII—DADE CDUNTYr FLORIDA WARRANTY DEED THIS WARRANTY DEED (this "Deed"), dated this 13 day of April, 2004, is made and delivered by DAVID W. WOLKOWSKY, a single rnan individually and as the Trustee of the David W. Woikowsky Living Trust, whose address is Post Office Box 1429, Key West, Florida 33041-1429 ("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"). WrrNFSSETH: IN CONSIDERATION of One Hundred U.S. Dollars ($100.00), 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, Miami - 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. GRANIOR 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 Book22213/Page4088 Page 1 of 4 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: 4X' " Signature: /(gI2-) / Printed name: I C ( r r' v'7 ' e of: STATE OF FLORIDA COUNTY OF BROWARD GRANTOR: David W. Wolkowsky, individually and as Trustee of the David W. Wolkowsky Living Trust The foregoing Deed was signed and acknowledged before me this 13th day of April, 2004, by David W. Wolkowsky, individually and acting in his representative and fiduciary capacity as ttke Trustee of the David W. Wolkowslcy Living Trust, on behalf of the trust. This individual is personally known to me or — presented a Florida driver's license as identification. (NOTARIAL SEAL) tTRy pll@.,ReeERT E. KORN COMMISSION t DD 264211 �� EXPIRES: December?, �l °f.,,. _'.�, spa Tin Budget Miry 5ery Warranty Deed Signature: Printed name: Title: Commission expires: Page 2 of 4 Book22213/Page4089 Page 2 of 4 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 Lot 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 Book22213fPage4090 Page 3 of 4 OR OK 22213 PG 4091 LAST PAGE Exhibit B PERMITTED 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 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 Book22213/Page4991 Page 4 of 4 i;' RECORD AND RETURN TO: �``' KODSI LAW FIRM, P.A. • 701 W. Cypress Creek Rd., Sr. 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 1 IIIIUI 11111 Hill 11111111111111111111 II111111 CFN 2004R0153151 OR 1?k 22097 Pss 2136 - 2139; (4pssi RECORDED 03/05/2004 16:10:27 DEED DOC TAX 0000.00 SURTAX 45000.00 1ARVEY RUVIht! CLERK, OF COURT M ANI-D€ADE COUNTY! FLORIDA WARRANTY DEED 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 (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, Miami - 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 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 of4 Book22097/Page2136 Page 1 of 4 brzrifteD 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: jecAlt� C,C144U4 STATE OF FLORIDA COUNTY OF MIAMI-DADE GRANTOR: FLEX EN a Fly By: S, INC., •� +On 14, , Eider Ar 011, Charles R. Flee President Attest: O" arbara Stew Secretary [CORPORATE SEAL} LL 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 ✓presented a Florida driver's license as identification. Warranty Deed (NOTARIAL SEAL) Y p O C .?r, JRY S 00 �6 KELLEYDCOMES Z CI w .�: COmmissION NUMBER 00041150 y G' l4v COMMON EXPii ES OF f1.a JULY 10,2005 Emission expires: Page 2 of 4 Book22097tPage2137 Page 2 of 4 Exhibit A LEGAL DESCRIPTION OP 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 Plat 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 Book220971Page2138 Page 3 of 4 OR BK 22097 PG 2139 LAST PAGE Exhibit B PERMITTED 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 of Bayonne Subdivision, according to the plat thereof recorded in Plat Book 2, at Page 35 of the Public Records of Miami -Dade County. 3. All matters set forth on the Amended Plat of Bayside Park, according to the plat thereof recorded in Plat Book 2, at Page 40 of the aforementioned Public Records. 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 Book22997/Page2139 Page 4 of 4