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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2fld Avenue. 7t' Floor • Kam. Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 iami .11, Li S PUBLIC HEARING APPLICATION FOR AN, OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boats! This application process is for your reference and review It is intended to serve as a guide in acquainting you with cur public hearing process. Following are a series of concernsirequirements for you take into account. By any means, please fee; free to contac the department at the number above, should you nave 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 SAIL) ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL:, LOCATED AT 3500 PAN AMERICAN DRIVE. MIAML FLORIDA, 33133. The responses to Inc attached application must be typed and the complete application must be signed in black ink. It wU 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 dose 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 vvill be responsible. if needed, to bring an interpreter tor the English language to any presentation before city boards, committees and the city comrn-ission. A valid po‘iver of attorney will be required if neither appiicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, comrnittees and the city corn mi SSIOn. An additional cost to record the Zoning Board resolution is S6,00 for the first page and S4.50 for additional pages. Ali fees are subject to change. Also. for City Commission resolutions, please contact the City Clerk's Office at 305-2_50-5360, Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) wili not he accepted unless it is signed or initialed by !hie 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. 02-22-05 I, Salomon Sutton, as Member Manager of Punta Diamante, LLC, a Florida limited liability company. hereby apply to the City of Miami City Com:rnission 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: 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, Ti:a (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 dear 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 dear 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). 6. Certified list of owners of real estate within a 5ti0-four radius from the outside boundary of :property (see page-s 6 and 7). g. Attach Opinion of Tide 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 East side SW 22nd Avenue between SW 5th and 6th Street AND MORE PARTICULARLY DESCR#BED AS: Lots 5 through 18, inclusive, and that portion of the 10.00 foot alleyway lying Westerly of Said Lots 6 and 18, of Block 3, of »BRYANDALE," according to the Plot thereof as recorded in Plat Book 9, at Page 86 of the Public Records of Miami —Dade County, Florida, less the West 15.00 feet of Said Block 3. 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 i;VI 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 Panning Department (3` Floor) at 305-416-1400 for information.} No 13. What is the acreage of the projectiproperty site? 0.99 Acre more of less 14. What is the purpose of this application/nature of proposed use?Closure of platted alley to create a single parcel for proposed apartment development Rev. 02.-22-05 2 15. Ail documents, reports. studies, exhibits (8 .'.% x1 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application an.d wi€i be kept as part of the record. .1.Other (Specify and attach COVe:r letters explaining wfhy 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-o Minimum (b) Fie -submittal: Per square foot of right-of-way Minimum Maximum 'iay .90 $ 1.200.00 .90 $ 1.200.00 $ 1,700.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.0 Signature , Address 501 Golden Isles Drive, #206-B Name Salomon Sutton, as Member Manager Hallandale Beach, Florida 33009 Telephone (954) 889-8353 Date ci/O r STATE OF FLORIDA COUNTY OF ,4- i-;SriA The foregoing instrument was acknowledged before me this 3 day of PAL/ 2005, by Salomon Sutton as Member Manager of Punta Diamante, LLC, a limited liability company. he is personally known to me or who He/She (check one) is personally known to me or © has produced a Florida driver license or as identification and who did (did not) take f oath. (Stamp) RRI A. FELIP . Notary Public - State of Florida .11*Comm E.Oes.iuR21,2CC6 Commission # DD293552 %° ` Bonded by National Notary Assn, Rev. 02-22-05 3 Signature CERTIFIED RESOLUTION OF THE MANAGING MEMBERS OF PUNTA DIAMANTF, L.L.C. ADOPTED BY UNANIMOUS WRITTEN CONSENT OF MANAGING MEMBERS IN LIEU OF MEETING We the undersigned, being the Managing Members of PUNTA DIAMANTE, L.L.C., a Florida limited liability company duly organized and existing under and by virtue of the laws of the State of Florida (the "Company"), do hereby adopt the following resolution by unanimous written consent, in lieu of meeting on the date hereof, and by virtue of authority vested in the Managing Members pursuant to Operating Agreement of the Company: RESOLVED, that it is to the best interest of the Company to enter into agreements and execute all permit applications and documentation to construct the Company's proposed project on that certain parcel of real property owned by the Company, to wit: See Exhibit "A" attached hereto. NOW, THEREFORE, be it RESOLVED that Salomon Sutton and/or Saul Laniado, as Managing Members of PUNTA DL MANTE, L.L.C., a Florida limited liability company, be and are hereby authorized and instructed, to do whatever may be necessary and appropriate to effectuate said Covenant, and be authorized and directed to execute in the narn.e and on behalf of this Company such Affidavits, Certificates and such other documents as may be necessary or proper to carry into effect this Resolution. DATED at Miami, Dade County, Florida, this day of May, 2005. PUNTA DIAMANTF, L.L.C., a Florida Limited Liability Company By Print Nam Title•nc• c- j9 CORPORATE SEAL By. Print Name' Title. E:\Serberlawfirmdocs\B\company reso!ution . doc EXHIBIT A PARCEL 1: LOTS 9 THROUGH 17, LESS THE WEST 15.0 FEET THEREOF, AND LOTS 6 AND 18, BLOCK 3, "BRYANDALE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT PART OF SAID LOT 17 WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25.00 FOOT RADIUS ARC CONCAVE TO THE SOUTH-EAST, TANGENT TO THE NORTH LINE OF SAID BLOCK 3, AND TANGENT TO THE EAST LINE OF THE WEST 15.0 FOOT OF SAID BLOCK. (PER O.R.B. 10188, PG. 657). PARCEL 2: LOT 5, BLOCK 3, OF BRYANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 3: LOTS 7 AND 8 LESS THE WEST 15.00 FEET THEREOF, AND LESS THAT PORTION OF LOT 7 WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25.00 FOOT RADIUS ARC CONCAVE TO THE NORTHEAST, TANGENT TO THE EAST LINE OF THE WEST 15.00 FEET OF SAID LOT 7, AND TANGENT TO THE SOUTH LINE OF SAID LOT 7, BLOCK 3, OF BRYANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. AFFIDAVIT Before me. the undersigned authority, this day personally appeared Salomon Sutton, as Member Manager of Punta Diamante, LLC, a Florida limited liability company. who being by me first deposes and says: 1. That heishe 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 fisted on the foregoing pages of this affidavit and made a part thereof_ 2. That ail owners which he/she represents, if any. have given their full and complete perrnission for hiniher to act in his/her behalf fe.r the change or modification of a classification or regulation of zoning as set out .in the accompanying petition, 1 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 L954) 889-8353 3. That the foregoing :pages are made a part of this affidavit contain the current :n.ame.s, mailing addresses. telephone numbers and legal descriptions for the real property of vhich 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 Affrant sayeth not. Salomon Sutton, as Manager Member Applicant Name Appint Signature STATE OF FLORIDA COUNTY OF % ie?"-ii- a� The foregoing instrument was acknowledged before me this day of�. 2005, by Salomon Sutton as Member Manager of Punta Diamante, LLC, a limited liability company. He She is personal! e or who He/She (check one) is personally known to me or 0 has produced a Florida driver license or as identification and who did (did not) take oath. (Stamp) Rev. 02-22•O5 TERRI A. FELIPE Ndiary Public - Stale of Florida E, s,hn21.2tk Commission # DD293652 !! o;;4. forded by National Notary Assn DISCLOSURE OF OWNERSHIP Owner{s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of ail 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, .andfor any other interested parties. together with their addresses and proportionate interest are required. (Please supply additional lists, .as applicable.) Owner's Name(es) Punta Diamante, LLC Salomon Sutton, as Member Manager — 500/0 Saul Laniado, as Member Manager — 500/0 Subject Property Address(es) East side SW 22"` Avenue between SW 5th, and 6th Street Telephone Number (954) 889-8353 Street address and legal description of any property: (a) Owned by any .party listed in answer to question #.l and )bj Located within 500 feet of the subject property ;Please supply additional lists, as applicable.) Street Address Legal Description Owner or Attorney for Owner Name Owne or Owner Signature STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of tLt. 2005, by Salomon Su on as Member Manager of Punta Diamante, LLC.1a limited liability company() e She is pens to rn_P or who He/She (check one) ❑ is personally known to me or D as produced a Florida driver license or as identification and who did (did not) take an,ath. (Stamp) AP,- a TERRI A. FELIPE '44v VUeff Notary Public - State of Florida IA/ryCornmission ,ksz21, Commission # 0p293652 o°' Bonded by National Notary Assn. Rev. 04-12- Signature EXHIBIT "A" LEGAL DESCRIPTION: Lots 5 through 18, inclusive, and that portion of the 10.00 foot alleyway lying Westerly of Said Lots 6 and 18, of Block 3, of "BRYANDALE," according to the Plat thereof as recorded in Plat Book 9, at Page 86 of the Public Records of Miami —Dade County, Florida, less the West 15.00 feet of Said Block 3. EAST SIDE BETWEEN SW 212ND AVE BETWEEN SW STH AND 6TH STREET A c -z _3 -4 .g WEST FLAGLER STREET T 1 j1 1 S.W. 4TH STREET CATION i I sF Ik � I(12 S.W. 8TH STREET LOCATION MAP A PORTION OF THE SE 1/4 OF SECTION 3-54-41 CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA (NOT TO SCALE) SURVEYOR'S NOTES: 1) This is not a Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North arrow direction and Bearing shown hereon are based on an assumed value of NOOdeg13min31secW along the center line of S.W. 22nd Avenue. City of Miami, Miami —Dade County, Florida. 3) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 4) There may be additional Restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 5) The Sketch and Legal Description shown herein is based on the information provided by the Client. 6) No Title research has been performed to determine if there are any conflict existing or arising out of the creation of the easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION, of the real property described hereon - further certify that this survey was prepared in accordance with the applicable provisions of Chapter 61G17-6 Florida Administrative Code. Ford, Arrnenteros & Manucy, Inc. Date: MAY 6, 2005. Revision 1: A By: EcKgin J. Fernandez, or T e firm Professionoi Surveyor & Mapper State of Florida, Registration No. 5676 2- 3- 4- 5- PUNTA DIAMANTE FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR MIAMI, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 ' of PROJECT: SKETCH AND LEGAL DESCRIPTION SHEET NAME: LOCATION MAP & SURVEYOR'S NOTES FREPAREO FOR: PUNTA DIAMANTE, LLC. DRAWN BY: L.D. DATE: 05-06-05 BWL CHECKED 0Y: SCALE: 1" = 50' CHECKED BY: PRO,ECT 4°' 04-135-5800 SHEET: 1 OF 2 SHEETS A C 2 LEGAL DESCRIPTION: That portion of the 10.00 foot alleyway lying Westerly of Lots 6 and 18, of Block 3, of "BRYANDALE," according to the Plat thereof as recorded in Plat Book 9, at Page 86 of the Public Records of Miami —Dade County, Florida. N 0V 0 J LEGEND P.O.C. - POINT OF COMMENCE P.O.B. - POINT OF BEGINNING P.B. - PLAT BOOK PG. - PAGE 9.00' 40.00' 4 SOO 331'E 325.t7' 50.0 40.00' 40.00' w 1.2 fa z -a N 0 z V jO 40.00' k BLOCK 4 BRYANDALE Ip.6. 9, PG. 86) LOT 7 J_' LOT 6 I LOTS CITY OF MIAMI MONUMENT LINE fi WEST 561.22' q. S.W. 5TH S1REET 5.1q%' WEST LOT 17 6,9013'31" Aa 25.00 As 39.37' LOT 16 59.94 LOT 15 01-, 00KU LOT 14 a o2 ✓ _ 0z Lf,d 4 dr",J V 9• ,3 py II a 0 0� a o TRACT •A' LOT 13 BLOCK 3 wj EL_ L 1- LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 22' WEST 10.00' 51 111.04' �1 11-89'45'20" A'.39.110 LOT 7 I 589'58'51.E CITY Or MIAMI MONUMENT LINE 40.00' 589'58'31'E LOT 18 r1 nm o+ Nam Woa LOT 19 0 z N89'59'2,."W - 42.01 OT 6 41.05' 153.28' S89'8'51'E 10.00 589458'51"E 561.2.3 S.W. 6TH STREET 0 LOT 17 oV m 177 V iri O I- m it a ci LOT 5 he U.I m 0 A v el O1 1,, li m 0md 4 LOT 4 .S z o a 1'1 = 0• 0 z <1l TJJ w 1-4 LOT 18 BLOCK 2 BRYANDALE (P.6. 9, PG. 86) 561.22' LOT 19 LOT 20 S.W. 21ST AVENUE in GRAPHIC SCALE 50 0 25 50 ( IN FEET ) f inch ==== 50 ft. z- 3 -- 4-- 5- PUNTA DIAMANTE FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR MIAMI, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 711'E O P00. C1: SKETCH AND LEGAL DESCRIPTION SHEET NAM: SKETCH AND LEGAL DESCRIPTION PREPARED FOR: PUNTA DIAMANTE, LLC. DRAWN SY, L.D. DATE: 05-06-05 DW0 CHEF%ED 8Y: SCA1E: 1"=50' 05000ED 8Y: PRCI.3EOT No: 04-135-5800 SHEET: 2 Cs 2 SHEETS LAW OFFICES SERBER & WEALCATCH, P.A. TURNS3ERRY PLAZA .875 *NORTHEAST 191' STREET, surrc.SOl AVE-NTURA, FLORIDA 331 O T'6LEP1QNE 305) 932-526? 3TLECOPY (305) 933-9393 OPINION OF TITLE To: Salomon Sutton With the understanding that this Opinion of Title is furnished to Salomon Sutton in connection with an application for site approval covering the real property hereinafter described, it is hereby certified that I have examined title information including First American Title Insurance Company's Owner's Title Insurance Policy FA-35-1099820 covering the period from beginning to July 9, 2004 at 11:09:04 A.M., inclusive of the real property described as follows: PARCEL 1: LOTS 9 THROUGH 17, LESS THE WEST 15.0 FEET THEREOF, AND LOTS 6 AND 18, BLOCK 3, "BRYANDALE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THAT PART OF SAID LOT 17 WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25.00 FOOT RADIUS ARC CONCAVE TO THE SOUTH-EAST, TANGENT TO THE NORTH LINE OF SAID BLOCK 3, AND TANGENT TO THE EAST LINE OF THE WEST 15.0 FOOT OF SAID BLOCK. (PER O.R.B. 10188, PG. 657). PARCEL 2: LOT 5, BLOCK 3, OF BRYANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 3: LOTS 7 AND 8 LESS THE WEST 15.00 FEET THEREOF, AND LESS THAT PORTION OF LOT 7 WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25.00 FOOT RADIUS ARC CONCAVE TO THE NORTHEAST, TANGENT TO THE EAST LINE OF THE WEST 15.00 FEET OF SAID LOT 7, AND TANGENT TO THE SOUTH LINE OF SAID LOT 7, BLOCK 3, OF BRYANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. To: Salomon Sutton Date: 514/05 Based on my opinion on said title policy covering said period, I am of the opinion that on the last mentioned date, the fee simple title to the above -described real property was vested in: Punta Diamante, LLC, a Florida Limited Liability company Subject to the following encumbrances, liens and other exceptions: A. Recorded Mortgages.: Mortgage Sc. Security Agreement executed by Punta Diamante, L.L.C., a Florida Limited Liability Company, in favor of Total Bank, a Banking Corporation, dated June 30, 2004 and recorded July 9, 2004, in Official Records Book 22468, at Page 1070- 1082, of the Public Records of Miami -Dade County, Florida, in the original principal amount of $1,000,000.00. Conditional Assignment of Leases, Rents and Profits executed by Punta Diamante, L.L.C., a Florida Limited Liability Company, in favor of Total Bank, a Banking Corporation, dated June 30, 2004 and recorded July 9, 2004, in Official Records Book 22468, at Page 1083-1088, of the Public Records of Miami -Dade County, Florida. UCC-1 Financing Statement Form executed by Punta Diamante, L.L.C., a Florida Limited Liability Company, in favor of Total Bank, a Banking Corporation, dated June 30, 2004 and recorded July 9, 2004, in Official Records Book 22468, at Page 1089- 1092, of the Public Records of Miami -Dade County, Florida. B. Recorded Construction Liens, Contract Liens, and_lu.gments: NONE C. fieneral Exceptions: Taxes or special assessments for the year 2004 and subsequent years, which are not yet due or payable. Rights or claims of parties in possession, which are not shown in the public records. Any adverse claim to any portion of the subject property, which has been created by artificial means or has accreted to any such portion so created. Easements or claims of easements not shown by the public records. This commitment/policy does not insure riparian and littoral rights, filled -in -lands, tidelands, lands comprising the shores and bottoms of navigable waters and lands beyond the harbor or bulkhead lines as established by governmental authority. Encroachments, overlaps, boundary line disputes, and any other matters, which would be disclosed by an accurate survey and inspection of the premises. Any adverse ownership Claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands, and lands accreted to such lands. Zoning and other restrictions imposed by governmental authority. 2 To: Salomon Sutton Date: 5/4105 D. Special Exceptions: Due to all or a part of the land described herein being artificially filled in land in what was formerly navigable waters, this policy is subject to the right of the United States Government, arising by reason of the United States Government's control over navigable waters in the interest of navigation and commerce. 2. Any lien as provided for by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas systems supplying the lands described herein. 3. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of BRYANDALE, as recorded in Plat Book 9, Page(s) 86, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 4. Easement recorded in Book 2615, Page 14; Book 2615, Page 20; Deed Book 3990, Page 409; Deed Book 3202, Page 90: Deed Book 2747, Page 151; Deed Book 2747, Page 153; Deed Book 2747, Page 155. 5. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the lease(s). Note: All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. I, the undersigned, further certify that I am an attorney at law admitted to practice in the State of Florida and a member, in good standing, of the Florida Bar. This opinion is given for reliance exclusively by Salomon Sutton. No one else is entitled to rely on the opinion given herein. Respectfully submitted this 4`".day of May, 2005. Daniel J. Serber, Esquire Serber & Associates, P.A. 2875 N.E. 191' Street, Suite 801 Aventura, Florida 33180 Phone: (305) 932-6262 Fax: (305) 933-9393 DJS/mkl/L/ MyDocs/3426 3 Fror i4 889 8354 Page: 213 Date: 7129/2004 ` FROM : BUTON DEVELOPERS/MIRMI „EIJELO FAX NO. :954 989 8354 Fro ,efts A 01 -41 03-1U20-0f360 01-4103-020-0390 01-4103-020-0350 ,praiser' s 01Pa 41033-00S I.D.380ax>vex: 01-4103-020-0400 01-4103-020-0370 wABBAUTY PEMT2 THIS INDE1a1''.'U. a made this day of June, 2004, between EDWARD D. PASCOE I.i:r., a single man, of the County of I; iar i- Dade, State of Florida, party of the :First part, whose address is 185 South Hibiscus Drive, Miand Beach, FL 33139, and PUNTA DIAMANTTE, LLC, a E'J.or°ida Limited Liability Company, of the County of Miami -Dade, State of Florida, whose post office address party of the second part. WITN!t: 3T9:TI , that the said party of the first party, for and in consideration of tbo sun' of TEN ($10,00) DOLLARS, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the eaa,ci party of the second part and its assigns forever, the following de:scr;;i tied land, situate and being in the County of Miami -Dade, State of Florida, to wit: 11 PM Ju I . 29 2004 01: 17PM P2 il#II€I}IrIIJLJfIt IEIIHill1llNliii n CFN i '2.00 4-5,705 ' 1'3 OR r?k 22468 Pss 1063 W- Irt6 ; Op-- RECORDED 17}E'3V201 11,.1w3,':i_l DEED DOC TAY,, 4ro{'l.20 SURTAX ' r00o,o0 HARVEY r 1JVIN r CLERK OF COURT MIAMT-CAGE COurn FLORIDA For Clerk's Use i s : S-O ! (.T )EL1 Iota 7 and 8, less the West 1.3.00 feet thereof, and less that portion of Lot 7 which lies within the external area formed by a 25.00 foot radius arc concave to the North- east, tangent to the East line of the West 15,.00 feet of said Lot 7, and tangent to the South line of said Lot 7, Block 3, BPY1 NDALE, according to the Plat thereof, as re- corded in Plat Book 9, Page 86, of the Public Records of Miami -Dade County, Florida. SUBJECT TC) THE FOLLOWING: 1. Taxes for the year 2004 and subsequent years; 2. Conditions, restrictions, limitations, and easements of record; 3. Zoning ordinances of applicable governmental authorities; Arid the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of ali persons whomsoever-. IN WITNESS .W}fl REOI,� , the said party of the fir-L'3 t part has her'cunt.o set his hand and seal the day and year first above - written. T rut.o 4EL nubbins ATTORNEYS ANri COUNSELL,0I E AT LAW, SUITE 202, 1010 KANC CoNcooRSir, BAY HARBOR ISLANDS, F4.ONDA s3i s+4 • (305) 6C5-6735 This fax was received by GFI FAXmaker fax server. For more information, visit: http:/Iwww.gfi.com Fror '54 889 8354 Page: 3/3 Date: 7/29/2004 ' 12 PM FROM :SUTTON DEOELOPERS/M IAM .,OELO FAX NO. : 9.54 889 8354 Jul. 29 2004 01: 17PM P3 OR BK 22468 PG 1064 LAST PAGE: SIGNED, SEALED,. AND DELIVERED IN THE PRESENCF OP; '1 --milm 0' ,/1,---2 -, , ..e't:"......1, ----"°- /4-'4, ,'..„,' c --' WARD PASCOE III ED (.re Witni.m5 wlr.o(.:r.-.mEor} 1.1N CTy ,e or print nAMO Ot Wit.fiES,S Sy...mond Witnes!J o. th Gr4t.Qr1 . , t Typ or print flaw. witnms) For Clerk's Us STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this DS day of June, 2004, by • EDWARD D. PASCOE III, a single man, who is personally known to one and who did/did not take an oath. NOT,ARY PUBLIC/ STATE F RIDA AT LARGE My Commission Expires; .50/1,„<t, Truta f45.4 My corri6asirp t10238522 .90 xFlires November 20, 2007 Of THIS INSTRUMENT PREPARED EY Melvyn Trute, Esq. T090 Kane Concourse Bay Harbor Islands, FL 33154 Lazuli, Truto & RobbinF. TORNEYS AND nouNStLLORS P1 LAW, SLATE .202, 1OD KANE cONcouRsE, rIAY HARBOR ISLANDS, r:LOKIDA 331 fio. (30) 86.5- n This fax was received by GFI FAXmaker fax server. For more information, visit: httplivw/w.gfi.com lllllilll 11 111 1111111111111111111111 Property Appraiser's Parcel I.D. Number: 01-41 03-020--0360 01 -41 03-020-0380 01-4103-020-0390 01-4103-020-0400 01-4103-020-0350 01-4103-020-0370 WARRANTY DEED THIS INDENTURE made this day of June, 2004, between EDWARD D. PASCOE 575 LLC, a Florida limited liability comp- any, of the County of Miami -Dade, State of Florida, party of the first part, whose address is 575 S.W. 22nd Avenue, Miami, FL 33135, and PUNTA DIAMANTE, LLC, a Florida limited liability company, of the County of Miami -Dade, State of Florida, whose post office address is: ,col 6-ah„ I B, 4. l/,j, / .. / . 33.09 party of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second part and its assigns forever, the following described land, situate and being in the County of Miami -Dade, State of Florida, to wit: CEN 2004R056933S OR Fla 22468 Ps s 1065 - 1066 ► (2p s s ) RECORDED 07/09/2004 11:09 04 DEED DUC TAX 4r000.20 SURTAX 37000.00 HARVEY RUVDIP CLERK OF COURT r1IAMI-DADE COUNTY► FLORIDA For Clerk's Use Lots 9 through 17, less the West 15.00 feet thereof, and Lots 6 and 18, Block 3, BRYANDALE, according to the Plat thereof, as recorded in Plat Book 9, Page 86, of the Pub- lic Records of Miami -Dade County, Florida, less that part of said Lot 17 which lies within the external area forced by a 25.00 foot radius arc concave to the Southeast tan- gent to the North line of said Block 3, and tangent to the East line of the West 15.0 foot of said Block (per O.R.B. 10188, Pg 675). SUBJECT TO THE FOLLOWING: 1. Taxes for the year 2004 and subsequent years; 2. Conditions, restrictions, limitations, and easements of record; 3. Zoning ordinances of applicable governmental authorities; And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above - written. iazars, Trutc & Robbins ATTORNEYS AND COUNSELLORS AT LAW, SUITE 202. 1090 KANE CONCOURSE, BAY HARBOR ISLANDS. FLORIDA 33154 • (305) 665-6736 Book224681Page1065 CFN#20040569388 Page 1 of 2 SIGNED, SEALED AND DELIVERED IN TH . PRES ' - OE: ! STATE OF FLORIDA COUNTY OF MIAMI--DADE OR k `?2468 PG 1066 L.AS e" WAGE EDW By: ED ' ' D. PASCOE, Ma -ging Member For Clerk's Use The foregoing instrument was acknowledged before me this day of June, 2004, by EDWARD D. PASCOE as manager of EDWARD D. PAS- COE 575 LLC, who is personally known to me and did\did not take an oath. NO L T t : sign: /..` print: State of F I•rida at Large My Commission expires: ,.*` by Maher !rule ,4'' h' Comm/um D0238522 W Expires November 28.2007 THIS INSTRUMENT PREPARED BY: Melvyn Trute, Esq. 1090 Kane Concourse Bay Harbor Islands, FL 33154 Lazan, Trute Sc. Robbins ATTORNEYS AND COUNSELLORS AT LAW, SUITE 202, 1090 KANE CONCOURSE, BAY HARBOR ISLANDS, FLORIDA 33154 • (305) 865-6736 Rnr-IIMdPR/PanP1ClAA CFN#20040569388 Page 2 of 2 I1111IIIII1I1 111111111111111111111111111 Property Appraiser's Parcel I.D. Number: 01-4103-020-0360 01-4103-020-0380 01-4103-020-0390 01-4103-020-0400 01-4103-020-0350 01-4103-020-0370 WARRANTY DEED THIS INDENTURE made this D.s day of June, 2004, between EDWARD D. PASCOE, a single man, of the County of Miami. -Dade, State of Florida, party of the first part, whose address is 185 South Hibiscus Drive, Miami Beach, FL 33139, and PUNTA DIAMANTE, LLC, a Florida Limited Liability Company, Dade, State of Florida, whose post office party of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN ($10.09) DOLLARS, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second part and its assigns forever, the following described land, situate and being in the County of Miami -Dade, State of Florida, to wit: CFN 2004RO569'389 OR Bk 22468 F'95 1067 - 1068i (tugs) RECORDED 07/U9/2004 11:09:04 DEED DOC TAX 4,000.20 SURTAX 3,000.00 -1ARUEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA For Clerk's Use of the County of Miami - address is: ,-o t G^ Ia„...+ s /e J Lot 5, Block 3, BRYANDILE, according to the Plat thereof, as recorded in Plat Book 9, Page 86, of the Public Rec- ords of Miami -Dade County, Florida. SUBJECT TO THE FOLLOWING: 1. Taxes for the year. 2004 and subsequent years; 2. Conditions, restrictions, limitations, and easements of record; 3. Zoning ordinances of applicable governmental authorities; And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above -- written. Lazan, Trute & Robbins ATTORNEYS AND COUNSELLORS AT LAW, SUITE 202, 1090 KANE CONCOURSE, HAY HARBOR ISLANDS, FLORIDA 33154 • (305) 865-6735 1:::/nn1<`YAAP/Parla1 nA7 "FN 9nnttn5 q.M9 Paae 1 of 2 OR K. 22468 Fy'G 1068 LAS f PAGE SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: ED ARD D. PA COE (Type or print r/fe of witness I�j Second Witnesa as to Granter) U t/ hype or print name of WiIness) IFor Clerk's Use STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of Jule, 2004, by EDWARD D. PASCOE, a single man, who is per- sonally known to me and who did/did not take an oath. NOTARY PURLII SIGN: f PRINT: STATE OF My Commission Expires: me1yyrk Tnrie My Commission DDZ38522 Expires November 2e.2007 THIS INSTRUMENT PREPARED BY: Melvyn Trute, Esq. 1090 Kane Concourse Bay Harbor Islands, FL 33154 RIDA AT LARGE Lazan, Trute & Robbins ATTORNEYS AND COUNSELLORS AT LAW, SUITE 202, 1090 KANE CONCOURSE, BAY HARBOR ISLANDS, FLORIDA 33154 • (305) 8E5-e736 Rnrik794AR/PAru741nRs C;FN##70049569389 PaQe 2 of 2