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HomeMy WebLinkAboutApplication & Supporting DocsTEW ®CARDENAS LLL ATTORNEYA 1 L A MIAMI TALLAHASSEE WASHINGTON DC :.. pmbOiewlaw.com July 7, 2005 VIA HAND DELIVERY Mrs. Teresita Fernandez Chief, Hearing Boards Section Department of Planning & Zoning 444 S.W. 2nd Avenue, 7`' Floor Miami, Florida 33130 Re: Letter of Intent for Soleil (3100 Biscayne Boulevard): Vacation and Closure of Easements Application Our File No.: 89402.004 FOUR SEASONS TOWER 15TH FLOOR 1441 BRICKELL AVENUE MIAMI. FLORIDA 33131-3467 T 305.536.1112 F 305.536.1116 WWW.TEWLAW.0 0 M Dear Mrs. Fernandez: On behalf of Pivotal Holdings LLC, this firm submits an application for an Official Vacation and Closure of certain easements located on the property at approximately 3100 Biscayne Boulevard. This property is the development site for the Soleil building (which has obtained a MUSP approval) and is presently undergoing a replat. The property contains four platted utility easements, which we are requesting the City to vacate. The easements are currently closed to the public and are only granted to the public utility companies and emergency vehicles. The Soleil developers have relocated the utility easements in their plans for the building and are in the final stages of the process of obtaining approval from the utility companies on the new locations. The relocated easements will be recorded by instrument, rather than on the plat. Easement 1: the 6-foot wide, 475.8-foot long FP&L easement located along the Elwood Court subdivision We request that the City vacate the 6-foot wide, 475.8-foot long easement specifically granted to FP&L. The easement runs East-West, just South of NE 32nd Street between Biscayne Boulevard and NE 2nd Avenue and is located along the southern boundary of the Elwood Court subdivision. The easement was recorded in Plat Book 121, Page 87. The developer plans to grant an easement by instrument to FP&L (rather than on the plat) in the same location. Easements 2. 3, and 4: the 54.7-foot wide, 475.8-foot long NE 3151 Street Utility Easement and the 12-foot wide. 475.8-foot long FP&L Easement and the 251-foot wide, 475.8-foot long Emergency Vehicle Easement located therein The City closed NE 31" Street between Biscayne Boulevard and NE 2' Avenue and replatted the street to be a utility easement extending 54.7 feet wide and 475.8 feet long. (Recorded in Plat Book 121, Page 87.) This easement is closed to the public, but is granted to all public utility companies. Also, a 12- foot wide, 475.8-foot long easement granted specifically to FP&L is located within the 54.7-foot utility easement. (Recorded in Plat Book 121, Page 87.) We request that the City vacate both easements. The Soleil developers are in the process of working closely with each public utility company to establish mutually agreed -upon alternate locations for the utility easements and are in the final stages of these negotiations. A 25-foot wide, 475.8-foot long emergency vehicle easement is also located within the 54.7- foot Utility Easement, and we also request that the City vacate this easement. The Soleil developers have presented this proposed closure to the Plat and Street Committee, which includes members of the Fire and Safety Department, and they approved the closure. Although the street may be closed to public traffic and utility companies because it will serve as an entrance to Soleil, it will certainly be accessible to fire and rescue vehicles in an emergency situation. The closure and relocation of these easements are necessary to the success of the Soleil building. Please contact me at 305.536.8481 if you have any questions regarding this application. Sincerely, Patricia M. Baloyra Encl. cc: Bob de la Puente, Esq. Mr. Mark Johnson @PFDesktop1::0DMA/MHODMAJM IAMI;437085;1 TEW CARDENAS LLP Four Seasons Tower. 151-11 Floor. 1441 Brickell Avenue, ,Miami, Florida 33131-3107 • 305-536-1112 HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boards! This application is for your reference and is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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 WTH 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. Copies of lobbyist documentation with proof of payment must be submitted. The responses to this 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, a paid receipt must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral and the subject property must not have any open code enforcement/lien violations. 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. RPU 114_17_0F. Patricia M. Saloyra, on behalf of Pivotal Holdings, LLC 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 3100 Biscayne Boulevard AND MORE PARTICULARLY DESCRIBED AS: See attached legal description, Exhibit A. 11. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning 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 3.46 acres 14. What is the purpose of this application/nature of proposed use? Mixed use: residential, retail, restaurant Rev. 04-12-05 2 14. All documents, reports, studies, exhibits (8 'h 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. 15. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). See attached Letter of Intent 16. 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 $ 8.50 Signatu� Address 1441 Brickell Ave . , 15th Floor Name Patricia M. Baloyra Miami, FL 33131 Telephone 305-536--8481 Date June 7, 2005 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of -+ 20 05,by Patricia M. Baloyra who is a(n) individual/partner/agent/corporation of Pivotal Holdings, LLC. a(n) individual/partnership/corporation. He/SDI a is tonally knows to =or who has produced as identification and who did (did not) take an oath. ,`,1�11if1Ulsi1l,/ MO N TE ''ff (Stamp) ...P o A,g-L .7eo S Signature =s My co mm. Expires' Nov. 13, 2007 No. DD267008 ti/1T OFFs°0\‘' Rev. 04-12-05 3 • • RESOLUTION WHEREAS, Pivotal Holdings, LLC, a Florida Limited Liability Company, desires to file a certain public hearing applications in the City of Miami including, but not limited to, a Major Use Special Permit Application ("Public Hearing Applications"); and WHEREAS, Pivotal Holdings, LLC, desires to authorize certain individuals to sign any documents on behalf of Pivotal Holdings, LLC, regarding said Public Hearing Applications; and WHEREAS, the Board of Directors and/or Stockholders and/or General Partners at a duly noticed and held meeting has considered the matter in accordance with the by- laws of the corporation; and WHEREAS, it was upon motion duly made and seconded that Bob de la Fuente, Patricia M. Baloyra, Esq., and/or the law firm of Tew Cardenas LLP be authorized to sign any documents on behalf of Pivotal Holdings, LLC, regarding said Public Hearing Applications. NOW THEREFORE, BE IT RESOLVED BY PIVOTAL HOLDINGS, LLC, that Bob de la Fuente, Patricia M. Baloyra, Esq., and/or the law firm of Tew Cardenas LLP are hereby authorized to sign any documents on behalf of Pivotal Holdings, LLC, in furtherance of said Public Hearing Applications. Dated this to / &lay of December, 2004. (CORPORATE SEAL) PIVOTAL HOLDINGS, LLC a Florida Limited Liabili Company By: AFFIDAVIT Before me, the undersigned authority, this day personally appeared 4, ,p $+vc QQ- t� k \-1-S r i trG Patricia M. Baloyra , 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, ❑x 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 305-536-8481 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. i ua M• 4A,010nv .. o' Applicant Name Qt, .jrICAdj Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this `day of 2005, by 06zusli`r" who is a(n) individuallpartner a en orporation of }PNvl cQQ. \-'AL`'js E L -C- a(n) individual/partnership/corporation. He/Sh is aersonally knowiLig_ma or who has produced rr1r,�� as identification and who did (did not) take an oath. FG,�O�' y Coms�'��prres =a�: M�tov.�32pp? z tio• DD670C18 p�U ................. ` ills I ric (Stamp) qav rld_19-115 4 Si Lure DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Address: 3100 Biscayne Boulevard Legal Description: Parcel 1: Tracts "A" and "B" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87 of the Public Records of Miami -Dade County, Florida. Less: A portion of Tract "A" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract "A" of "RANNI SUBDIVISION", according to the plat thereof, as recorded in Plat Book 85 at Page 45, of the Public Records of Miami -Dade County, Florida; thence South 89*59'30" West, along the Westerly prolongation of the North line of said Tract "A", for 101.65 feet; thence North 00*27'10" East for 60.70 feet; thence South 89*30' 10" West for 58.73 feet, to the West line of Tract "A" of said "EXECUTIVE PLAZA"; thence South 00*00'47" East for 122.69 feet; thence South 89*59'30"West for 4.99 feet; thence South 00*00'47" East for 104.95 feet to the South line of said "EXECUTIVE PLAZA" plat; thence North 89*59'30" East for 164.84 feet to the Southwest corner of "RANNI SUBDIVISION", as recorded in Plat Book 85 at Page 45, of the Public Records of Miami -Dade County, Florida; thence North 167.44 feet to the Point of Beginning. Parcel 2: Tract "C" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida. Parcel 3: That parcel of land variable in width lying South of the South boundary of Lot 4, Block 4, of "ELWOOD COURT", Plat Book 9 at Page 81, of the Public Records of Miami -Dade County, Florida, and lying North of the North boundary line of Tract "C" of"EXECUTIVE PLAZA", Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida, bounded on the East and West by the Southerly projection of the East and West boundaries respectively of said Lot 4, to their Point of Intersection with the North boundary of said Tract "C". Parcel 4: Lot 4, Block 4, "ELWOOD COURT", according to the plat thereof, as recorded in Plat Boo 9 at Page 181, of the Public Records of Miami -Dade County. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Pivotal Holdings LLC 444 Brickell Avenue, Suite 650 Miami, Florida 33131 H&H Florida Investments LLC Same Address 10% Member Al & Boymelgreen of Florida LLC Same Address 90% Member The 1995 Evan I. Sopher The Meredith F. Sopher AI Florida Holdings, Inc. Boymelgreen Family Irrevocable Trust U/T/A Trust U/T/A dated 11/2/93 Saute Address of Florida dated 2/15/95 50% member 65% Member Same Address 50% Member 35% Member 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. See Attached PAT.\CIA IA - 8 -ntttA Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 01-1. day of 4 -' , 2004; by Patricia Baloyra, Esq., on behalf of Pivotal Holdings LLC. She is personally known to me and who did not take an oath. ;;a§tilf (Stamp) �e`QP Ol ARY ;* 0 � =� : my Comm -expires•. _ @PFDesktopl::ODM AIM HO DMAIM IAM 1;42376O; • 1Vo o026 008 f/4//rrllt'Ell flt0.‘"j° Exhibit A 1. Legal description and street address of subject real property: Address: 3100 Biscayne Boulevard Legal Description: Parcel 1: Tracts "A" and "B" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87 of the Public Records of Miami -Dade County, Florida. Less: A portion of Tract "A" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract "A" of "RANNI SUBDIVISION", according to the plat thereof, as recorded in Plat Book 85 at Page 45, of the Public Records of Miami -Dade County, Florida; thence South 89*59'30" West, along the Westerly prolongation of the North line of said Tract "A", for 101.65 feet; thence North 00*27'10" East for 60.70 feet; thence South 89*30' 10" West for 58.73 feet, to the West line of Tract "A" of said "EXECUTIVE PLAZA"; thence South 00*00'47" East for 122.69 feet; thence South 89*59'30"West for 4.99 feet; thence South 00*00'47' East for 104.95 feet to the South line of said "EXECUTIVE PLAZA" plat; thence North 89*59'30" East for 164.84 feet to the Southwest corner of "RANNI SUBDIVISION", as recorded in Plat Book 85 at Page 45, of the Public Records of Miarni-Dade County, Florida; thence North 167.44 feet to the Point of Beginning. Parcel 2: Tract "C" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida. Parcel 3: That parcel of land variable in width lying South of the South boundary of Lot 4, Block 4, of "ELWOOD COURT", Plat Book 9 at Page 81, of the Public Records of Miami -Dade County, Florida, and lying North of the North boundary line of Tract "C" of "EXECUTIVE PLAZA", Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida, bounded on the East and West by the Southerly projection of the East and West boundaries respectively of said Lot 4, to their Point of Intersection with the North boundary of said Tract "C". Parcel 4: Lot 4, Block 4, "ELWOOD COURT", according to the plat thereof, as recorded in Plat Boo 9 at Page 181, of the Public Records of Miami -Dade County. MIAMI-DADE COUNTY, FLORIDA ADDENDUM TO CROSS -EASEMENT, ACCESS AND MAINTENANCE AGREEMENT THIS ADDENDUM TO CROSS -EASEMENT, ACCESS AND MAINTENANCE AGREEMENT, filed November 13, 1997, in Official Records Book 17897 Page 2382 of the Public Records of Miami -Dade County, Florida ("Addendum") is made this Oa day of , 2005, by and between SHOWPLACE COMMERCIAL PROPERTIES, INC., a Florida corporation ("First Party"), and LEGAL SERVICES OF GREATER MIAMI, INC., a Florida corporation ("Second Party"). RECITALS; WHEREAS, the First Party is the owner of a certain parcel of real property located in Dade County, Florida, more particularly described in Exhibit A attached hereto ("Parcel A"): and WHEREAS, the Second Party is the owner of a certain parcel of real property located in Dade County, Florida, more particularly described in Exhibit B attached hereto ("Parcel B"): and WHEREAS, the First Party and the Second Party previously entered into a Cross -Easement, Access and Maintenance Agreement, filed November 13, 1997, in Official Records Book 17867, Page 2382 of the Public Records of Miami -Dade County, Florida regarding the establishment of certain easements into, over, across and through portions of the Parcel A for the benefit of the Parcel B, and into, over, across and through portions of the Partial B for the benefit of Parcel A, and establish the rights of each to use their separate parking lots and entry and exit ramps, subject to the terms and conditions as set forth therein ("the Agreement"): and WHEREAS, Parcel 4 of Parcel A is misstated in the Agreement. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties, intending to be legally bound, hereby agree as follows: TERMS: 1. Recitals. The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. Effect Of This Addendum, Except as specifically modified herein, all of the terms and provisions of the Agreement are ratified and reaffirmed by each of the parties hereto and are incorporated herein by reference. 3, Modification. Parcel 4 of Parcel A of the First Party's parcel of land is to be deleted from the Agreement 4. Miscellaneous. This Addendum may be signed in more than one counterparts and/or by facsimile, in which case each counterpart shall constitute an original. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Addendum. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. IN WITNESS WHEREOF, the parties executed this Addendum on the date first above written. SHOWPLACE %iOMMERCIAL PROPERTIES, INC., a Florid oration .oration By: Rona :fieldstone, President LEGAL SERVICES OF GREATER MIAMI, INC., a Florida corporation By: r -1- Marcia Cypen, Executive Difector ., nn A,,n/n_ ooi1 f^CA1.,,nnn rl')(17Q')1 Paae 1 of 4 Page -2- STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 944, , 2005, by Ronald Fieldstone, President of SHOWPLACE COMMERCIAL PROPERTIES, INC., a Florida corporation, on behalf of the corporation. He is rs I ._ own me or produced a as identification. Notary Public - State, f Florida PrintNari.. MY COMMISSION EXPIRES: STATE OF FLORIDA COUNTY OF MIAMI-DADE �y j The foregoing instrument was acknowledged before me this �,' day of F-G , , 2005, by Marcia Cypen, Executive Director of LEGAL SERVICES OF GREATER MIAMI, INC., a Florida corporation, on behalf of the corporation. HeiShe is personally known to me or produced a as identification. MY COMMISSION EXPIRES: Notary Public - State of Florida'/ Print Name: °tidartcc Zg.r'ib�. Ondina L Zaribof MYCOMMISSSDN! 001I6955 DNS February 4 2007 IaNGEDMNSAOT MMWL'0.WC - il�IUBRAAYLSeaSPcili Ciimts1Showeleee Cmnmeretel\Addendum [o Craw -Easement. Access & Wens Agmc sepdurpd 02122A5 03:3i PM _2- r+r-r 1 manna r1-7 J.4 Panp 9 of 4 P 'ftc EL. Parcel.1; Trice rl of aA?iia SUBDIVISION, aacud'ravo tb.c Plas tkcteat, to o+d+d to Poe fioelt i3 rtPlicc 43, cixhe Public 1Locarde of Dade Cawrty, Tiorida. Parcel 21 Tracat A sad 6 Os' EXECUTIVE. PLAZA, acrocrd'tsi, to to NI *arol, rseartkd in Idu took 121 AL PI O t7, of she Public Au arcs of Pads County, Parka. Farrel 3: Trap C of EXECUTIVE FLAP.> to die plat t)rcnotw roc orded to Plat Book 311 at No i7, of the Public Rscordt of Dade Cavacy, Fiarida. Parcel 4: Loss 10 Woos). 15 awl du Wes= iS at Low 16. Block )3, AMENDED PAT OF MUU41 SHQ4 2S• SECTION ONE, according to tat FIN 11 cs vf. warded to Pio Back 1C, at Per 7C. Odic Fabric Rxwrds of back Canary. Florida. Parcel S: Lot 4. Black 4, EL.WOOD COURT, «*order m the PLO dkt>e+G as ruOried to Pier Bark 9. et POWs 111, artSa Public liccarrb of Dade Courtly. Florida. LE55 AND EXCEPTFoLLAWtt7O, Parcel 1: Tract Al at F.O.N II SLJS>74V1S1Q14. Scrardiag to Om Pla siaacof. rc rardad M P1a4 task 13 a Mac, 43. of itts 'P+thCac 11.s a ds of Dods Casuer, Florida. 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Nw.a omen d Hoot 5r,22414549 m. ..I Pool ale 81 M rrP• UP, d w his,, xurrr N muo Leww. naenc awm w.d rU, 1( h.1 re u. Nix M 1.p,,+•P PAe,:L* ]: rr•r1 L N er141. lt£ pi.VA aa.uiae0 to 1pr pb 411.9 a arwai6 n AM hot 121 an l ga di. d me Mo. Pr <r of Pdpv"Qm /. }iw Yu i Met pare d brd raroN, i A. be4 SeoN d 10 1.u1/1 woof d tM 4 44r0 r, x 4e'J01(pce}, 7b PoM i m Po. 111. d N, F.Mc p,rare. d iSartii-OOM1 m Na 9k.+d irlemr MIron t d PCCu1M 14414 PiJ 9w. NI m G4la d u. et. Y' .2 41.0.en (awt. d e .e 1 , (ee t. :rul 4* Ix 5a.ep*q peiwl^• w w Eau ay fhN imma+i4 n.pam.b • h uur P. end.1 P. !aa}.dlva r, (t4510 01.4 niauip b la. pbl mmM, va rteeeasa m prm &e. d a! /441 I&1, el Ne 41M1 Nelmae al 59roe-:eu. (e.e, 4,402 SURVEYOR'S NOTES: t. ru ,,. naa.en, e 1011.1oene 1m», for 1219199" Rnrpr•9a.r. inns w• e, warn Gnomon... alnw Ian wa w•e wean J. mr AFIA.a ,ream arewr,rim. 11 M.. a .m. wnem wr•m Faevn role{ t. w,ar aswaN: ae aatr><s a* ..w.• n.r.w m-rm. as m*v .w mm• m w„mr .ono w e mmi v m• an. 4 e, ma. , 40 a mrae..w w rrm. ram.d/ra.wrue. 1, br momeio mom 4N1*n IVO •unn lsm. hoer }aer Y per ep.0 Asa*ea Nem n.P Iw 10os.0 a191 A men+ rmr.i uu,re 2 1411 saes noun [arse Ploy 11, r9f1. d rA, aren nos *41 p.o.e. a. met. ur a} to s.N} (.411 4 ran,J 6VIP, rM O./1 n *won loan eau .0 mho m ov •mmra Pont, I <Nea lea 11e159f/A {Lw51, Fd l * am4414I w.p„rtl Ir Wa nrwst(wp...r�anrdte. am.+a a la, or Qm 0... 0.1 Ane eenWfnem ere,mr• mend.. Arer on 1..aw r•weu W, oiMemp W Iwjar moo. arii nee. w v lr++t-Wa Coen}. 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M.fr evnm 1M nn raer0l er,�.• 0„rwrnrcn 4,4 Folrmml' .1 1r*r. w mr .e,e1a pa q [FS LOCATION SKETCH A portion or Saal;va J21-5S-e1 DEVELOPMENT INFORMATION: ass: wren(( WO, Mx VAX.9(9W Katt.6 15/4 re 0.50.4 and 444Y.rY10 5 11NK Pen Nei a0.1 An. van M. 111.11 1491. 11.-Pow voter tr Sr-m,umrcy paa-ty„ (a„rv. reap. ,ram rwea: so t+m1 a..+ Ira Pore 14 (,,nine r 1-r frtwlwlw tam.Rwl km w karteo 44. e/- Spaw. Cur PP.d •/- /Ars) wearfeAuto e1 eewe+a-en. .e.g to hew. 94112.. Ayr," MAR, eAAA. rwen.., w, N u J.. ownerma . eer rrc Ior. col. 29 r. Vie, srmml. met 01 »Fe. rapt. (a,m,a red a r la roei anr• saam.ra N,a iomwM Ora aI+ rho. ZZ5. F aw rem...'r Ne..r.ea Mr ion ercblm a. M (m•.w,y MegJoArrenrw 4,N1 el mil MO. CFRTiFiEO T0: r der. aoro _ .Pent Po, ♦wanµ u4 e e00, flsr,un, J. (Trap. frlai. ♦.•.war 4**4wi 1, s almi feu., llP A Fir..N lraanyA IIC. r rmria o•.Iw eivkr Amami e mil meek r..evw t Ike. . MA. ! HERESY CERAFY: mu w/ MAP w pen woe In• lorry an 0.11 MA .Ne mart ,, mspaarc. ,Tin 1>.9imr NM. NON dne'<n•mu Tor At.(,1/A.1. mid For shun: p,,N ..mwi.ro and wx4,14 W .e*wa 4 lend Pry a.ee:xwn ..ratio 6e aPa• e• S...emW rM u•,p:ry ens a» fkeYew Lrsy e1 Ado immi fwwran rni, ...ALMA n.a 1. }, .( 1 A,At R.AL 1{rL & 9, 15. I4(eA i}. IA IA 15 ma 1tr M re. A At or- pw,.ww avp 1 a w1/ a ue r AL PA, a=P1- one ALT4.aaa n rut 1 1 won d sM1, c1mlafw w Rvray4rmmer rerle. ale yrr raa peya�ae 4:uu iauenr a rn „onto a . p.M • mmm1, ii Akp p*u, n,a A-1,0 AI 5•r... aumrm na Lanew Ivwe BawvWu ter ALIARta [ens rnr. Sww, . A9I.4% L.S✓, a. IUM1 Sea, nr 0.1 mast la ra aa1 .r my Ieeua9. wa a.a1r a minter 5,1 1m1w rxo won ,ors ml a 11am 2.1 el�llwuswwl S a*a vypusemo m . Mime corm.epme.wv m 4/4*41 e rLbK ' aaplta 4,AaMraq Iwpp.e.m�e ol. two CHW 19KE.-AYE ,/ ASSOCIATES, INC. IAA r v x (5 SD_«;s ,J cs , a w.V O — n 10 13 14 2 0 15 m' i I Block 1 6 ELWOOD COURT" J a ! P.B. 9, P.1Bi I 5. I ---r a, i! II F r_ I II 11 58BV0'44 •W sun, , I 3m , 5 aW no Black 3 �.�._ __ -44ROAQMOOR P8. Z P.J7 ;i 8 5.4 9 10 Block .3 ""RoAvmaoR" P.8. 2, P.37 raver pppparrs -ia 5009112� 1, a Jr2 JI5.2 ' b4 NE. Mad Street _3 µ µ Brock 4 ELWOOO CQURI' P.B. 9, P.181 5 6 1 7 i'M,Kr> r i ,255.H' S9H•4n'44 7 Tract "A" (Rernor22d¢r) "EXECUTIVE PLAZA" P.8, 121, P.87 P 2 8 8 Ndd'!• 79'1 Tract "A" "RAW SU803V153ON" P.B. 85, P.45 2 1{ 1 ' I 2 Block 2 "ELWDOQ coukr P.8. 9, P,181 1 I 2 1 Block 3 "ELWOOD CQIJRP P.B. 9, P.181 r� u 8lock 1 I18R0ADMQ093 P.B. 2, P.37 11 I 10 E. 31st St.'; so' 1•rocd 4" "3151. STREET' PROPERTIES P.B. 89, P.57 Tract "C n j Slack 5 "BROAQMOOR" P.B. 2, P.37 9 I© „.....„..„,..,..,_ '58 6-4 :: SD-1246 Al OPINION OF TITLE To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA in compliance with Section 55-8 of the Miami City Code and as inducement for public hearing application for official vacation and closure of a public right-of-way covering the real property hereinafter described. It is hereby certified that we have examined Chicago Title Insurance Company covering the period from beginning through August 31, 2004 at 11:00 p.m. and a certified computer printout from Attorneys Title Insurance Fund Inc. from August 30, 2004 through February 22, 2005 at 11:00 p.m., and a subsequent certified computer printout from Attorneys Title Insurance Fund, Inc. from February 22, 2005 through May 9, 2005 at 11:00 p.m., inclusive of the following described real property: LEGAL DESCRIPTION OF REAL PROPERTY See Attached Exhibit "A" Basing our opinion on said complete Title Policy and subsequent title certified title searches covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Pivotal Holdings, LLC, a Florida limited liability company. Subject to the following liens, encumbrances, and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons (other than the above owner) who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. Any lien provided by Chapter 159, Florida Statutes, or provided by Metropolitan Dade County Ordinance No. 84-10 in favor of any city, town, village, port authority, for unpaid 337342.1 service charges for services by any water systems, sewer systems, or gas systems serving the land described herein. 2. Mortgage from Pivotal Holdings, LLC, a Florida limited liability company in favor of Arbor Realty Funding LLC recorded October 14, 2004 in Official Records Book 22732, at Page 3639. 3. Assignment of Leases and Rents from Pivotal Holdings, LLC, a Florida limited liability company in favor of Arbor Realty Funding LLC recorded October 14, 2004 in Official Records Book 22732, at Page 3703. 4. UCC-1 Financing Statement Pivotal Holdings, LLC, a Florida limited liability company in favor of Arbor Realty Funding LLC recorded October 14, 2004 in Official Records Book 22732, at Page 3715. 5. Easement and restrictions as shown on the Plat of Executive Plaza recorded in Plat Book 121, at Page 87. 6. Easements and restrictions as shown on the Plat of Elwood Court recorded in Plat Book 9, at Page 181. 7 Covenant running with the land creating perpetual Parking Easements recorded in Official Records Book 7702, at Page 780. 8. Teii ns, conditions and provisions of Memorandum of PCS Site Agreement recorded in Official Records Book 17471, at Page 2231. 9. Cross -Easements, Access and Maintenance Agreement by and between Showplace Commercial Properties, Inc., a Florida corporation and Legal Services of Greater Miami, Inc., a Florida Corporation recorded in Official Records Book 17867, at Page 2382. 10. Notice of Lien Prohibition in Leases recorded in Official Records Book 22957, at Page 3699. 11. Notice of Commencement recorded January 4, 2005 in Official Records Book 22966, at Page 3494. 12. Unrecorded Agreement by and between Legal Services of Greater Miami, Inc. and BC Property Investment, L.C. 13. Addendum to Cross -Easement, Access and Maintenance Easement, recorded March 2, 2005 in Official Records Book 23130, Page 880. 14. Agreement for Water and Sanitary Sewage Facilities, recorded May 9, 2005, in Official Records Book 23349, Page 2651. 33 7342.1 ALL OF THE ABOVE INSTRUMENTS HAVE BEEN RECORDED LEI THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. None of the exceptions listed above will restrict the use of the property for the purposes set forth in the Agreement for Water Facilities. I, the undersigned, further certify that I am an attorney -at -law admitted to practice law in the state of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this day of June, 2005. Four Seasons Tower - 15th Floor 1441 Brickell Avenue Miami, Florida 33131 337342.1 Patricia Baloyra PRINTED NAME (305) 536-1112 Exhibit A 1. Legal description and street address of subject real property: Address: 3100 Biscayne Boulevard Legal Description: Parcel 1: Tracts "A" and "B" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87 of the Public Records of Miami -Dade County, Florida. Less: A portion of Tract "A" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract "A" of "RANNI SUBDIVISION", according to the plat thereof, as recorded in Plat Book 85 at Page 45, of the Public Records of Miami -Dade County, Florida; thence South 89*59'30" West, along the Westerly prolongation of the North line of said Tract "A", for 101.65 feet; thence North 00*27'10" East for 60.70 feet; thence South 89*30' 10" West for 58.73 feet, to the West line of Tract "A" of said "EXECUTIVE PLAZA"; thence South 00*00'47" East for 122.69 feet; thence South 89*59'30"West for 4.99 feet; thence South 00*00`47" East for 104.95 feet to the South line of said "EXECUTIVE PLAZA" plat; thence North 89*59'30" East for 164.84 feet to the Southwest corner of "RANNI SUBDIVISION", as recorded in Plat Book 85 at Page 45, of the Public Records of Miami -Dade County, Florida; thence North 167.44 feet to the Point of Beginning. Parcel 2: Tract "C" of "EXECUTIVE PLAZA", according to the plat thereof, as recorded in Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida. Parcel 3: That parcel of land variable in width lying South of the South boundary of Lot 4, Block 4, of "ELWOOD COURT", Plat Book 9 at Page 81, of the Public Records of Miami -Dade County, Florida, and lying North of the North boundary line of Tract "C" of "EXECUTIVE PLAZA", Plat Book 121 at Page 87, of the Public Records of Miami -Dade County, Florida, bounded on the East and West by the Southerly projection of the East and West boundaries respectively of said Lot 4, to their Point of Intersection with the North boundary of said Tract "C". Parcel 4: Lot 4, Block 4, "ELWOOD COURT", according to the plat thereof, as recorded in Plat Boo 9 at Page 181, of the Public Records of Miami -Dade County. Prepared by Mark 1L liatztt, Esq. President Law Office of Mark D. Sahli, P.A. 1929 Sunset Harbour Drive {also knows as Purdy Avenue) Miami Beach, FL 33139 • Return to: Mark S. Meland, Esquire Meiand, Russia, Helinger.& Budwic , P.A. 3000 Wachovia Financial Center - Z00 South Biscayne Boulevard Miami, FL 3313.1 .. File Number: MB04-0077 Will CaIINo.: 1111111111111111111111111111111111111111111111 CFN 2 . C3 4-FZ090341 1 .. OR ek 22732 Pss 3627 — 3629e t3ess) RECORDED 10/14/2004 14:09=38 DEED DOC TAX 107r400.00 SURTAX 807550.00 HARVEY RUVI Fl r CLERK OF COURT CIIAIII—DARE COUNTY, FLORIDA ISpacc Above This Lire Fur Recording Natal Warranty Deed T files Warranty Deed made this day of (,)(Aber , 2004 between 3050 Investments, L.L.C., a Delaware limited liability company, successor by merger to Showplace Revocable Business Trust, a Delaware limited liability company whose post office address is 2915 Biscayne Blvd., Suite 304, Miami, FL 33137, grantor, and Pivotal Holdings LLC, a Ftocida liurited liability cotupa>,y whose post office address is c/o M & E Holdings, LLC, 425 East 6lst Street, New York, NY 10021, grantee: (Whenever used herein the tents "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnessetb, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (S10_00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: SEE EXHIBIT "A" ATTACHED HERETO Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any., which are not reimposed hereby Together with all the tenements, hereditaments and appurtenances thereto belonging or 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 Ice simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the salve against the lawful claims of all persons whomsoever; and that said land is free of all encutnbrarnces, except taxes accruing subsequent to December 31,2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. C'f] 170 "MH...1 t HT'IfICC'h'r ( JH T1"7""lkiO DoublcTimea OOCTRCCcrac TO !CT 1-,O07 ITT fit T Signed, sealed and delivered in our presence: 305G Investments, 1.4 C, a Delaware limited liability company, successor by merger to Showplace Revocable Business Trust, a Delaware limited liability company BY: Tilda Schiehle, Manager (Corporate Seal) State of 0 County of—T-). 2004 by Tildes Schiehle; Iriaxia�'wr'of `„ The foregoing instrument was acknewkdged before � this day ~-{° ^ , Showplace hi hle, $usi Witt* 3050 Investments, L.L.C., a Delaware limited liability company,successor by me ; p , r ...-.... tt a Delaware limited liabilitycompany,on behalf of the coo Sh' .11y known producedas identification. •�.._:• ��'• [Notary Seal] My Commission $x 're mmo -C Of NNW: E3cptw5 T/ . Warranty Deed -Page 2 ra�T / t M —Anil 3 , FtT,lf'!G`C4-1 fT$.IH DoubleTunes QQCTOcCCQC ] T ' f T t,Q047 /t2Q /C4T EXHIBIT -"A" LEGAL DESCRIe7701f: . PARCEL 1; Parcel Identification Number: 01-.3:2,3O_G50_ i410; TRACTS .'A" AND :•B" OF EXECUTIVE' PLAZA, ACCORDING -TO: THE PLAT --TtIEREOF -RECORDED IN PLAT BOOK 121 AT; PAGE 87, :OF THE .PUBLIC - RECORDS OF ©ADE COUNTY FLORIDA, y - • • 1 . LESS:. APPORTION 'OF. 'TRACT -AU Or EXECUTIVE PLAZA, ACCORDING -TO:THE PLAT -:THEREOF, RECORDED IN PLAT BOOK 12 i . AT PAGE .87,- °OF. fiNE PUBLIC RECORDS or DADE COUNTY. FLORIDA .BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • - BEGIN AT THE NO!? THWES T . CORNER OF TRACT A- OF RANNI SUDDIYISION. . ACCORDING.. TO TFIE PLAT TI-IEREOF, RECORDED IN PLAT BOOK 65 AT PAGE - 45 OF THE PUBLIC RECORDS. OF DADE- COUNTY,FLORIDA: THENCE SOUTH 89 59'30- WEST,: ALQNG THE WESTERLY PROLONGATION OF THE NORTH LINE" OF SAID TRACT "A". FOR 101.65..FEET; THENCE N 02710" E FOR 6470' FEET: THENCE S .89.30!0" WEST FOR 58.73 FEET.: TO 11-1E WEST LINE OF TRACT -A- OF • SAID . EXECU 11VE .PLAZA: THENCE S 00 00 '4 7" E .FOR 122. 69' FEET; THENCE S 09•:59 30" W FOR 4.99' FEET; THENCE SOUTH 0000 47"- E FOR 104.96' FEET: TO 11-IE SOUTH LINE OF SAID EXECUTIVE" PLAZA PLAT. THENCE N Li9 593O" E FOR 164.84' -FEET TO THE SOUTHWEST CORNER" OF RANNI SUBDIVISION AS RECORDED. IN PLAT BOOK 85 AT PAGE 45 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. THENCE NORTH 167.44 FEET. TO THE POINT or BEGINNING. - CONTAINING 0.71 - , ACRES. PARCEL 2: Parcel Identification Number: 0I-3230--060-0030 TRACT "C OF EXECUTIVE PLAZA; ACCORDING TO THE PLAT ~THERE * - . RECORDED IN PLAT BOOK 121 AT PACE- 87, OF THE PUBLIC.. RECORDS. Of: DADE COUNTY. FLORIDA. =• PARCEL 3: 'Prcel Identification Number:- - p1--320-060-0:020 . • THAT PARCEL OF LAND VARIABLE MOTH LYING SOUTH QF THE -SOUTH - ' - BOUNDARY OF LOT 4, BLOCK 4. OF ELWOOD COURT. PLAT BOOK 9 AT PAGE 181 OF THE PUBLIC RECORDS OF DADE COUNTYY, FLORIDA AND LYING NORTH OF THE NORTH BOUNDARY OF TRACT "C" OF EXECUTIVE PLAZA. PLAT BOOK 121 AT - PAGE 87 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. BOUNDED ON- THE CAST AND WEST BY THE SOUTHERLY- - - PROJECTION OF. THE EAST AND ii-EST BOUNDARIES RESPECTIVEL Y OF SAID LOT 4 TO .THEIR POINT OF INIERSECTION 144TIH! THE NORTH BOUNDARY_ QF SAID TRACT •'C . ' PARCEL 4: Parcel Identification ,Number": 01-3230-010-(3210 LOT 4, BLOCK 4, Et WOOD - COURT, ACCORDING TO THE PLATTHERE0T. AS -- RECORDED IN PL A T BOOK 9, AT PAGE 181, - OF THE PUBLIC RECORDS OF. DADE COUNTY, FLORIDA. -