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HomeMy WebLinkAboutApplication & Supporting DocsLC) 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 TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 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. • This complete application should be reviewed and initialed by the Planning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption .of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning Department shall prepare an evaluation and appraisal report far the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six. (6) months from the date of application. 4. This petition is proposed by: ❑ Planning Department X Other, please specify 5. The subject property is located at: 501 Brickell Avenue Folio number: 01-0210-000-1040 AND MORE PARTICULARLY DESCRIBED AS: Attached Exhibit "A" 9 . The undersigned, being the owner or the representative of the owner of the subject property, do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: Parks and Recreation TO: Office 7. What is the purpose of this application? New Development 8. What is the acreage of the project/property site? .22 Acres 9. Has the designation of this property been changed in the last year? If so, when? No 10. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a change in plan designation within the last year? No Yes but the property has not been granted a change in plan designation. 11. Have you made a companion application for a change of zoning? Yes 12. Have you filed a(n): Affidavit of ownership? Disclosure of ownership form? ■ List of owners of property within 500 feet of the subject property? If not, please supply them. 13. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3'd Floor) at 305-416-1400 for information.} Yes. 14. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3rd Floor) at 305-416-1400 for information.} No. 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. In order to develop the site and maintain the park it is necessary to change the designation of the small portion of land described on the survey. 16. Please submit a statement justifying your request to the requested plan designation change. The developer has purchased the park and desires to deed it to the City while keeping a small portion in order to develop the property. i• 17. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. • • 18. Other (Specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice 1 $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Signature ✓ Address 1221 Brickell Avenue Name Lucia A. Dougherty Miami, FL 33131 Telephone 305-579-0603 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this G day of 2005, by Lucia A. Dougherty who is a(n) individual/partner/agefticbrporation of Greenberg Trauriq a(n) individual/partnership/corporation. She is personally known to me. (Stamp) Signatu IZA MARISOL R NOTARY PUBUC E O COMMISSION NO. D0748882 MY COMMISSION EXP. SEPT 772006 OR • • Exhibit "A" LEGAL DESCRIPTt(7N: A portion of "BRKUCil.L PARK', accords% to is Plot thereof, or recorded h Plot Book 15, at Page 39 and a portion of Deed Book 32.3, Pogo 298, oe shown on "6411CICELL POINT', according to o Piot ttwrsof, cis recorded In Plat Book 8, at Aope34, loth o4 the Pubic Records of kflarnt—Dods County. Florida. lying and belong in the Clio' of Montt 18ornf—Dade County. # bekvg more porticulary described as foiowi Begin at the Intsrsiotion of the Easterly extension of the North tiers of Southeast 5th Street with the tart right -oaf —way line of Erickell Avenue as shorn an said plat of L PONT* recorded in Pict Book 8 at Pogo 34; themes South 7639'35" Eoet along the North Ins of the PRNATE DRIVE as shown on said 'BRlCl(Eii PORT' for 82.38 fest linens South 1320'25' Wert for 17.93 feet; thence South 88 07'25' West for 49.15 feet to a point of curvature; thence wuthwesterty along a 20.00 foot radius curve, Isoding to the left., through a central angle of 74'46'30` for on orc distance of 24.10 feet to a point of cusp, *old point tying on said right of way fine of Eulcks4 AW.nue: thence North 13'20'55' Eost olon9 said (art right of ray line for 50.18 feet to the Point of Beginning. ANO A portion of URKC:KtLL PARK", according to a Plat thereof, as recorded In Plot Book 15, of Page 32 and a portion of Deed 4400e 323, Po9e 298, as shorn on "BRICKILL PONT', occordhg to a Pint thereof, as recorded In Plat gook 6, at P qqss 34, both o4 the Public Records of Mlorrnl—Gaol. County. florida, lying and being In the City of Miami. Want —Dodo County, ,tondo, being more porticulory described a follows: Commence at the intersection of the Eoeterty extension of the North line of Southeast 5th Strsst with the East right —of —ray lint of Brtcksli Avenue w shorn on sold plat of 'BRIC: ELL POINT' recorded In Plat Book 8 ert Page 34; thence run South 7639'35' Fa . dong the North the of Use PRNATE DRNE ass storm on said 'BR1C(ELL POW", for 82.36 fret to the Point of BInning of the hereinafter described pore! of tared; thence continue South 7639'35' East for 85,92 fort to Referenda Point "A; thence South 6607'25' West for 66.31 feet; thence North 13'20'25" East for 17.93 feet to the Point of Beginning of the herelnafter described parcel of land. ANO Commence of sold Reference Point "A'; thence South 76'39'35" East obbnnqq told North line of the Private [rive as shown on said 9RSC EtL POINT for 105.24 feet to o point of curvature; thence Hartf,sorterty along o 25.00 foot radius cures, leading to the left. through a central angle of 2625'34' for on orc distance of 12.40 fest to the Point of Beginning of trio hereinafter described parcel of land; thence continuo clang said drcxrlor cure+, leading to the left, through oo+ntrol angle of 42139'O1' for on arc distance at 18,61 feet to a point of reverse curvature; rvatu; thence No h and easterly, o a a circular curve to the right. cancare to the South. hm4ng a radius of 40 feet, through o centrist angle of 122'23'40', for on orc airforce of 155.45 feet to print on a non —tangent line; thence South 76'39'35' East for 284.60 feet; thence South 08'49'52' Wert for 20.06 feet; thence North 76'39'35' Wept for 286.23 feet; thence North 6346.58' West for 45.61 feet; thence North 7743'17" West for 10.49 feet; thence South 57'Oe'37" Wert for 14.11 feet; thermos South 63'47'28' Neat for 17.02 feet to the Polrrt of 8eg1r n1n9 of the hereinafter described parts( of land. I I 1:111nalik.1 'Mclennan°. 1*-]7L.2 711an VI* (7 C I THVE ! 1 I OF A A, fATfOR CAEN 0 Bk5CA/NE A 601.1L. AD yAT P BRFCKELL KEY ON CLAUGHTON SLAND SECTION 3 R TRACT A' TRACT fIV,C14., 111,1 E.ECTKR4 2 TRACT 'El' SECTIZET I TRACT 'A' TRACT C'E'M'04,nrIlra 71, 661.1". 2005, by Lucia A. Dougherty Greenberg Traurig personally known to me. (Stamp) AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, 0 including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 305-579-0603 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. Lucia A. Dougherty Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Sigrfature The foregoing instrument was acknowledged before me this (P day of who is a(n) individual!partner/agent/crparation of a(n) individual/partnership/corporation. She is NOTARY SEAL Q7 MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 MY COMM ISS10N EXP. SEPT 17,2006 Rev. 12-14-04 4 DISCLOSURE OF OWNERSHIP 1. 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) City National Bank of Florida, as Trustee under Trust No. 2401-1863-00 Subject Property Address(es) Approx, 495 Brickell Avenue and 501 Brickell Avenue Telephone Number Exhibit "A" See attached Exhibit "B„ 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 500 Brickell Avenue Lucia A. Dougherty Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE Lots 1, 2, 3, 4, 5, 6, 7 and 8, Tess the east 10 feet of lots 1 and 2, in Block 108-A of the amended map of Brickell`s Addition to the Map of Miami, accordingly to the Plat thereof . The foregoing instrument was acknowledged before me this ( day of 20$by Lucia A. Dougherty who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me gr who has produced as identification and who did (did not) take an oath. (Stamp) Signaturo,COMMISSION NO. Dot IsXY COMMISSION EXP. SEPt f Rev. 12-14-04 5 Exhibit "A" 4- LEGAL DESCRIPTION: A portion of 'BRICKELL PARK', according to a Plat thereof, os recorded in Plat Gook 15, at Page 39 and a portion of Deed Book 323. Pops 298, as shorn on BRICKW. POptT', according to Pict thsrsof, ae recorded in Plat Book 6, at 34, both of the Pubic Records of Morns —Dodo County. Florida, lying and being In the City of Sarni, AGomt—Dodo County, flo1da. being more particu cry dacrtbed as foliowm Begin at the intersection of the tairterly extension of the North tins of Southeast 5th Street wtth the East right —of —soy line of Sackett ,*some os shorn on said plat of 1316C0E11 POINT` recorded in Piot Book 8 at Page 34; thence South 7610'35' East, along the North Ins of the PRIVATE DRIVE as shown on sold 'BRICKE11 PONT' for 62.36 feet; thence South 13'20'25" West for 17.93 feet: thence South 68'07'25' West for 49.35 feet to a point of curvature; thence tauthwest*rty along a 20.00 foot rodkn curve, tsoding to the left, through o central angle of 74'46'30' for an arc distance d 26.10 feet to a paint of cusp. cold point lying on said right of way line of Bricksll Avenue; thence North 13'20'55" East along sold East right of woy line for 50.16 feet to the Point of Beginning. AND A portion of "BRICKELL PARK', according to a Plat thereof, as recorded in Plot Book 15, at Page 39 and a portion of Deed Book 323, Page 298, es shown on "BRJCKElL PO#4r, occordig to a Piot thereof, as recorded in Plat Book 8. at P gs 34. both of the Public Records of i3{oma—Dads County, Florida, lying and being in the City of lAloml, iillpml—Dodo Count',aFlarida. being more porticulary described at foiows: Commence at the Intersection of the Eaeterfy extension of the North lane of Southeost Sth Street with the tort right—of—way line of Brickell Avenue as shown on sold plat of 'BRIC1SE1.L POINT' recorded an Plat Book 8 at Pogo 34; thane run South 76'39'35" East, along the North lane of the PRIVATE DRIVE as shown on sold 'BRICKaL POINT`, for 62.38 feet to the Point of Beginning of the hereinafter described poroel of land; thence continue South 76'39'35" East for 65.92 lest to Reference Point 'A ; thence South 68'07'25' West for 86.31 feet; thence North 13'20'25" East for 11.93 feet to the Point of Beginning of the hereinafter described portal of land. AN0 Commence at said Reference Point A"; thence South 76'39'35' East a said North line of the Private Drive as shown on sold BRfpCELL POINT for 105.24 feet to a point of curvature; thence Northe*slarty along a 25.00 foot radius curve, leading to the left, through a control angle of 28 25'34* for on arc distancs of 12,40 fest to the Point of Beginning of the hereinafter described parcel of land; thence continue along said circular curve, Isodiing to the left, thr'ou a control angle of 42'39'01" for an art distance of 18.61 feet to a point of reverse curvature; thence Nartheartsriy and easterly, along o circulor curve to the right, concave to the South, having o radius of 40 feet. through a central angle of 12723'40'. for an arc distance of 85.43 feet to a point on a non —tangent line; thence South 76'39'35' bast for 284,60 feet; thence South 06'49'52" Wert for 20.06 feet; thence North 76'39'35' West for 286.23 feet; thence North 63'46'58" West for 45.01 feet; thence North 7743'17` West for 10,49 feet; thence South 57'08'37" West for 14.11 feet; thence South 83'47'28' West for 17.02 feet to the Point of Beginning of the hereinafter described parcel of land. Exhibit "B" City National Bank of Florida, a national banking association , as Trustee under Trust No. 2401-1863-00 (the "Trust") TRG- Brickell Point SE, Ltd., a Florida limited partnership TRG- Brickell Point NE, Ltd., a Florida limited partnership TRG-Brickell Point West, Ltd., a Florida limited partnership TRG- Brickell Point Common, Ltd., a Florida limited partnership TRG - Broken Rant NE. Ltd. A Halide Limited Pattrearehip OWNERSHIP STRUCTURE NAME TRG - BricksIt Pon , Ltd. TRG - Stickel! i'airrt' E. inc. TRG - Llrisell P4 E Holding, Lid. TRG - Sackett Poirr NE Holding, Inc. TRG - Bricked P E Equity Hold, Lid Trelcom De►re3ttprn TRG - Brickell Palm E, Inc. Sole for President. Treason vice President Vice President, S slang Vice President TRG - Udell Poin NE Holding jnc. Sole Okector President, Treastree Fit Vice Fheetrfent i ice President, Se elary z Dab Formed OWNERSHIP Jorge M. Perez Jorge M. Perez Matt Alien Angel Hernandez wmiatn Thompson Jorge M. Perez Jorge M. Perez Matt Alton Angel Hernandez 0.10% GP 99.90% LTD 100.00% 10000% 0.10% GP 9,90% LTD 100.00% 100.00% 0.10% GP 99.90% LTD 100.00% 10©.i00% TRG - Srickel Paint NE, Inc. TRG - Bricked Font NE Hokting, Ltd. TRG • Bricked Paint NE Holding, Ltd. TRG - Mickel Paint HE Holding, Inc. TRG - Stickel Point NE Equi#y Holing, Ltd. TRG - Bricked Point NE Equity Holding,, Ltd. Ireton) Development, Inc. The Related Grog of Florida The Related Group of Florida (Snafeholder) Trelcacon Development, Inc. Directors Of i s: - President, Treas€wer Vice President Vice President, Secretary Capital Contnbutio Jorge ik Perez Jorge M. Perez Malt Allen Angel Henyandez ENTITY DAME TRG - Weber Poilit SE, Ltd. TRG -ter SE. Inc. TRG - Bricker Poe SE iiukFng. Ltd. TRG - Brucker SE Hoist trtc TRG - Brickell Po * SE t: qulty Harm Lid. tiutcorri OeveiaRri' ant, fnc TRG - Britt - : SE, Inc. Sole Dliectar President, Ti Vice President Li Wee President, SIIceeor Vice President I TRG - Stickel Sofa Director President, Tr Mee Prei dent, Hokin. inc. 0.10% GP 99.00% LTD 100.00% I00.0 % 0.10 GP S9.00% LTD 3Il(3 00% 100.00% TAG -Wicker SSE, lnc. TAG - &hail Point SE Hotaing, Ltd. TRG - Miter Point SE linkling. g, Lkl. TRG - Bride! Pa SE Holdin , Inc. TRG • Brisket Paint SE Mikity Holding.. Ltd. TRG - Brkrkel Point SE Equity Hoklng, Ltd. Tre&cnm Rr Lapin k c. The Relit Gov Florida The Related Group of Fronds (Siterenerden Treionsw Deveproord, Inc. Doss Mery President. Truer We Presided V Pr+es/deg, SecattaPI T - 0 cketPoint S A Florida Limited Pirtaerstip OWNERSHIP STRUCTURE rime oted OWNERSHIP Jorge M. Perez Jorge M. Perez Malt Arco Argot Hernandez Wirtern Thompson Jorge At Perez Jorge N. Perez Matt Alien Anger Hernandez Jorge M. Perez Jorge, M. Perez MA Alien Angel Hernandez { Nyr TRG - &ickeN EL1i1TY NAM West, Ltd. TRG - Sackett West. in c. TFiG - Rricioeil Pei West Wang. Ltd TRG - e We Holding. Inc. TRO - Brickeli Poi West Equity Holding. Ltd. Trelnan Doves d I, TAG artclreN West Inc. Mew President, Ti Vk�r F'raside t� Pt Perez Vice President, A�a1l Wlen Vice P, William Thompson TRG Brkr& Prim Weal. lid A Flo nkta Limed party OWNERSHIP STRUCTURE Date Formed �ERSHip O O% GP TRG - frlrLeil Point West, Inc. NAG%LTD TRG - Eric:mil Point Weal Holding, Lm. TRG• Etricke0 Pc t West Hokin" Inc. Sots Director Mime PriPai ter* T Hae Pn3sident Vir.e Jag— e Jorge M. Perez Liall Allen Efts! Mlernandez 100,00% a. GP 09.00.4 LED tat, tx GP 99.90% LTD t37 00% i©4.00% TRG . Bricked Patel West Holding, LW, TRG-rrtrke? Point West Hotting, Inc. TRG- Backed Point West Egnrly Holding, Lkl. TRG - Waal Point Wes Equity HrId, Ltd. Tteicaai Development. Ina The Related Group of F orkla The marled Grain ofFlorhde (Stsarefir ) Cars Trdccrn t2eVio Mc. t%ireOry om parrez Myers: TreasurerJorge} M. Perez Vke Pread'errt italt Men Vice President. Secretary i m €i TRG - Dirtckell Pont Common. Ltd. A Fbrida Lindted Pip OWNERSHIP STRUCTURE OWNERSHIP 0 TO% GP g8.9O% LTD 100.00% 1 O0.0O% 01O% GP 99_90% LID 100.00% 99.90% LTD 10Q 00% Capital Contribution TRG - Mickel] PolM Common, Inc, TRG - Rickert point Ctm mom Holdlryl, Ltd. IRO - Mickel Point Cornrow Holding, W. TRG Point Common Holding, Inc. TRG - Mickel Ptint Common EgiuOy Holding, Ltd. TRG - Bride!' Point Common Egtaiy Holding, Ltd. Trelcarn Deueloprrent, Inc. The Related Group of Rends Tha Rotated Group et Florida (Shareholder) Tretcom Development, ent, Inc. Orectore Comers: President, Treasurer 'Ace President Vice President Secretary 3 Date 1TY NAM Formed TRG -Beckon 4Coliseum, Ltd. TRG - Erickell Po t1 Common, Inc. TRG - Brtckei Po ft COMillialt HekSeg, Ltd. TRG - t e 1 Pohl Common Horne, Inc. TRO - 'MOM Pant Common equity Holding, Ltd. Tre co n Deve TRG - Bticttee4 Pot Gammon, Inc. Sole Director Resident, Treasurer Vice Psdent Vice Presides, S Lary Vire President Mere: Officers: President, Trees Vk a Resident Vice Presiders. 55xetary Jorge 6A. Perez Jorge SA Perez kitati Men Angel Hernandez Welter* Thompson Jorge WI. Perez Matt AUan Angel Hernandez Jorge M. Perez line M- Perez Mats Nten Angel Hernandez 1111111111111111111111111111 H 1111111111111111 • • • This instrument prepared by and after recording return to: Name: Steven A. handy, Esquire Address: Greenberg Traurig, PA 1221 Brickell Avenue Miami, Florida 33131 Property Appraiser's Parcel ID #: 01-021-0000-1070 Grantee's Federal Tax I.D. # CFN 2'004R 1 1 0 5236 DR El; 22897 Pss 4019 — 4027; (9ass) RECORDED 12/10/2004 15:51:57 DEED DDC TAX 564►000.00 SURTAX 423,000.00 HARVEY RUVINr CLERK OF COURT 'tIAMI—DADE COUNTY,. FLORIDA (Space Reserved for Ciertt of the Court) CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT THIS INDENTURE WITNESSETH, that MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation ("Grantor"), whose address is c/o Cornerstone Real Estate Advisers LLC, 180 Glastonbury Boulevard, Glastonbury, CT 06033, for and in consideration of the sum of Ten and No/100 Dollars ($10,00) and other good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby conveys and warrants unto CITY NATIONAL BANK OF FLORIDA, a national banking corporation organized under the laws of the United States, and duly authorized to accept and execute trusts within the State of Florida, as trustee ("Trustee") under the provisions of a certain Trust Agreement, dated the 9th day of December, 2004, and known as Trust Number 2401-1863-00, ("Grantee") whose address is Trust Department, P.O. Box 013280, Miami, Florida 33102-3280, the following property located in Miami -Dade County, Florida (the "Property"): See Exhibit "A" attached hereto and by this reference made a part hereof. TOGETHER with all the tenements, hereditaments, easements, privileges, rights -of - way, lands underlying any adjacent streets or roads appurtenant to the Property and all other appurtenances thereto belonging or in any way appertaining to the Property. TOGETHER with all buildings, structures and other facilities now or hereafter located on the Property. SUBJECT TO, (i) taxes and assessments for the year 2005 and subsequent years; (ii) restrictions, reservations, easements, covenants, agreements, limitations, and other matters of record, without hereby reimposing the same, (iii) all laws, ordinances, and governmental regulations, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations, and (iv) all matters listed in Exhibit "B" attached hereto and by this reference made a part hereof. Book22897/Page4O19 CFN#20041105236 Page 1 of 9 • • • TO HAVE AND TO HOLD the said Property with the appurtenances upon the trust and for the uses and purposes herein and in said Trust Agreement and Declaration of Trust set forth. Full power and authority is hereby granted to said Trustee to protect, conserve, and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the Property, including, without limitation, the power and authority to improve, protect and subdivide the Property or any part thereof, to dedicate parks, streets, highways or alleys and to vacate any subdivision or part thereof and to resubdivide said real estate as often as desired, to contract to sell, to grant options to purchase, to sell on any terms, to convey either with or without consideration, to convey the Property or any part thereof to a successor or successor in trust and to grant to such successor or successors in trust all of the title, estate, powers and authorities vested in said Trustee, to donate, to dedicate, to mortgage pledge or otherwise encumber the Property or any part thereof, from time to time, in possession or reversion, by leases to commence in praesenti or in futuro, and upon any terms and for any period or periods of time not exceeding in the case of any single demise the term of 99 years, and to renew or extend leases and to amend, change or modify leases and the terms and provisions thereof, to contract to make leases and to grant options to lease and options to renew leases and options to purchase whole or any part of the reversion and to contract respecting the manner of fixing the amount of present or future rentals, to partition or exchange the Property or any part thereof for other real or personal property, to grant easements or charges of any kind, to release, convey or assign any right, title or interest in or about said Property or any part thereof, and to deal with the Property and every part thereof in all other ways and for such other considerations as it would be lawful for any person owning the same to deal with the same, whether similar to or different from the ways above specified, at any time or times hereafter. In no case shall any party dealing with said Trustee in relation to the Property or to whom the Property or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by said Trustee, be obliged to see to the application of any purchase money, rent, or money borrowed or advanced on said premises, or be obliged to see that the terms of this trust have been complied with, or be obliged to inquire into the necessity or expediency of any act of said Trustee, or be obliged or privileged to inquire into any of the terms of said Trust Agreement or Declaration of Trust; and every deed, trust deed, mortgage, lease or other instrument executed by said Trustee in relation to the Property shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument (a) that at the time of the delivery thereof the trust created by this indenture and by said Trust Agreement and Declaration of Trust was in full force and effect, (b) that such conveyance or other instrument was executed in accordance with the trusts, conditions and limitations contained in this indenture and in said Trust Agreement and Declaration of Trust and binding upon all beneficiaries thereunder, t) that said Trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument, and (d) if the conveyance is made to a successor or successors in trust, that such successor or successors in trust have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of the said predecessor in trust. Any contract, obligation or indebtedness incurred or entered into by the Trustee in connection with the Property may be entered into by it in the name of the then beneficiaries under said Trust Agreement and Declaration of Trust, as their attorney in fact, hereby irrevocably 2 Book22897/Page4020 CFN#20041106236 Page 2 of 9 • • • appointed for such purpose, or, at the election of said Trustee, in its own name as Trustee of an express trust and not individually and the Trustee shall have no obligation whatsoever with respect to any such contract, obligation or indebtedness except only so far as the trust property and funds in the actual possession of the Trustee shall be applicable for the payment and discharge thereof, and all persons and corporations whomsoever and whatsoever shall be charged with notice of the condition from the date of the filing for record of this Deed. The interest of each and every beneficiary hereunder and under the Trust Agreement and Declaration of Trust hereinbefore referred to and all persons claiming under them or any of them shall be only in the earnings, avails and proceeds arising from the sale or other disposition of the Property, and such interest is hereby declared to be personal property, and no beneficiary hereunder shall have any title or interest, legal or equitable, in or to said Property as such but only an interest in the earnings, avails and proceeds thereof as aforesaid. And the Grantor, subject to the matters set forth herein, specially warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against no others, [Signature on Following Page] 3 Book22897/Page4021 CFN#20041105236 Page 3 of 9 • • I nth IN WITNESS WHEREOF, Grantor has set its hand and seal this /0 day of December, 2004. Signed, sealed and delivered in the presence of: GRANTOR: Print Name Print Name MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY Mas corporation By: Name: Title: COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF HAMPDEN Address: 1500 Main Street Springfield, MA 01115 SS: (Corporate Se),. e T e foregoin ins ent was acknowledg d before me this e day of December, 2004 by �yriff.r1 , as \i t.R-.SlC 1.44-4— of MASSACHUSETTS MUTUAL LI INSURANCE COMPANY, a Massachusetts corporation, on behalf of said corporation. He/she appeared before me and is personally known to me.er--p!eteeei-- as-identifrcation [NOTARIAL SEAL] Notary: Print Name: Notary Public, Commonwealth of Massachusetts My commission expires: Commission Number: 4 CFRtt :i 3: e{11s€1' iJOtary Cornmh�o.rSwF•1it11 i.F Ai ls'>:)T;htp..sutw'June 2u. Book22897/Page4022 CFN#20041105236 Page 4 of 9 • • EXHIBIT "A" Legal Description All that part of "Brickell Point", according to the plat thereof as recorded in Plat Book 8, at Page 34, of the Public Records of Miami - Dade County, Florida, lying and being in the City of Miami - Dade County, Florida, described as follows: PARCEL 1: Commence at the intersection of the Easterly extension of the North line of Southeast 5th Street with the Fast right-of-way line of Brickell Avenue as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34; thence run South 76 degrees 39135" East, along the North line of the Private Drive as shown on said "Brickell Point", for a distance of 40.00 feet, to the Point of Beginning of the parcel of land hereinafter to be described: Thence continue South 76 degrees 39'35" lest, along the last described course, for a distance of 193.52 feet, to the Point of Curvature; thence run through the next 3 courses along North line of said Private Drive, as follows: run Easterly and Northeasterly along a circular curve to the left, concave to the Northwest, having a radius of 25 feet, a central angle of 71 degrees 04'35", through an arc distance of 31.01 feet, to a Point of Reverse Curvature; thence run Easterly and Southeasterly, along a circular curve to the right, concave to the South, having a radius of 40 feet, a central angle of 122 degrees 23'40", through an arc distance of 85.45 feet, to a point; thence run South 76 degrees 39'35" East, for a distance of 295 feet, more or less, to the shoreline of Biscayne Bay as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 (dated: September 1921): thence meander Northwardly along said shoreline, on a general direction of North 9 degrees East, more or less, for a distance of 361 feet, more or less, to a point, said point being marked as H.L. 36 as shown on a Metropolitan Dade County Bulkhead Line map recorded in Plat Book 74, at Page 18, of the Public Records of Miami - Dade County, Florida; thence meander Northwesterly along said shoreline on a general direction of North 22 degrees West, more or less, for a distance of 180 feet, more or less, to a point, said point being the Easterly end point of a Tentative Harbor Line as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 (dated: September 1921) and also being marked on said Plat Book 74, of Page 18 as HL 1; thence meander further Northwesterly, along said shoreline, on a general direction of North 37'30" West, more or less, for a distance of 62 feet, more or less, to a point: thence run South 38 degrees 07'25" West, for a distance of 240 feet, more or less, to a point; thence run South 88 degrees 07'25" West, for a distance of 337.50 feet, to a point on the arc of a 35-foot radius curve, said point bearing South 88 degrees 07'25" West to the center of said curve; thence run Southerly and Southwesterly along said circular curve to the right, concave to the West, having a radius of 35.00 feet, a central angle of 55 degrees 09'00", through an arc distance of 33.69 feet, to a Point of Reverse Curvature; thence run Southwesterly and Southerly along a circular curve to the left, concave to the East having a radius of 35 feet, a central angle of 55 degrees 09'00" through an arc distance of 33.69 feet to a Point of Tangency; thence run South 1 degrees 52'35" East, for a distance of 55.33 feet to a Point of Curvature; thence Southerly and Southwesterly, along a circular curve to the right, concave to the West having a radius of 572.28 feet, a central angle of 15 degrees 13'30" through an arc distance of 152.07 feet, to the Point of Beginning: containing 5.001 acres, more or less. Book22897/Page4023 CFN#20041105236 Page 5 of 9 • • • An undivided 9/15 fee simple interest in and to the following parcel: PARCEL 2: Begin at the intersection of the Easterly extension of the North line of Southeast 5th Street with the Easterly line of Brickell Avenue as shown on said plat of "Brickell Point" recorded in PIat Book 8, at Page 34 of the Public Records of Miami - Dade County, Florida; thence run Northerly on the Easterly boundary line of Brickell Avenue (Southeast 2nd Avenue bridge approach) across the Miami River, according to Condemnation Proceedings recorded July 16, 1928, in Circuit Court Minute Book 36, at Page 290 of the Public Records of Miami - Dade County, Florida, along a circular curve to the left, concave to the West, having a radius of 532.28 feet, a central angle of 15 degrees 13'30", for an arc distance of 141.44 feet, to the Point of Tangency; thence continue along the East boundary line of said Southeast 2nd Avenue bridge approach across the Miami River, along the line whose bearing is North 1 degrees 52'35" West, for a distance of 112.78 feet, to a point; thence run Northerly, Easterly and Southerly along a circular curve to the right concave to the South, having a radius of 35 feet, a central angle of 235 degrees 09'00" through an arc distance of 143.65 feet, to the Point of Reverse Curvature; thence run Southwesterly and Southerly along a circular curve to the left, concave to the East, having a radius of 35 feet, a central angle of 55 degrees 09'00", through an arc distance of 33.69 feet, to the Point of Tangency; thence run South 1 degrees 52'35" East, along a line parallel to and 40 feet Easterly from the Easterly boundary line of said Southeast Second Avenue bridge approach across the Miami River, measured at right angles thereto, for a distance of 55.33 feet to a Point of Curvature; thence run Southerly on a line parallel to and 40 feet Easterly from, measured radially to the Easterly boundary line of the said Southeast Second Avenue bridge approach across the Miami River, along a curve to the left, concave to the West having a radius of 572.28 feet, a central angle of 15 degrees 13'30", through an arc distance of 152.07 feet to a point on the North boundary line of the Private Drive as shown on said plat of Brickell Point; thence run North 76 degrees 39'55" West, along the North boundary line of said Private Drive, for a distance of 40 feet to the Point of Beginning; containing 0.32 acre, more or less. LESS AND EXCEPT FROM THE FOREGOING PARCEL 2 THE FOLLOWING FEE SIMPLE RIGHT OF WAY KNOWN AS "PARCEL 102" TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURSUANT TO ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 15569, PAGE 1203, PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA. PARCEL 102: That portion of Brickell Point, according to the plat thereof as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida, and lying in Section 38, Township 54 South, Range 42 East, Miami- Dade County, Florida being bounded and described as follows: COMMENCE at the point of intersection of the Easterly Right of Way line of Brickell Avenue with the Northerly line of S.E. 5th Street as shown on the plat of Brickell Point, as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida, said point being the point of curvature (P.C.) for circular curve having the following elements, a radius of 532.28 feet, a central angle of 08 degrees 08'44", a chord of 75.61 feet and a chord bearing of NO8 degrees 52'32"E; b Book22897/Page4024 CFN#20041105236 Page 6 of 9 • • • thence run along said Easterly right of way line of Brickell Avenue and said curve to the left an arc distance of 75.67 feet to the Point of Beginning of the parcel of land hereinafter to be described, said point lying on the arc of a curve, said curve having the following elements, a radius of 532.28 feet, a central angle of 07 degrees 05'04", a chord of 65.77 feet and a chord bearing of N01 degrees 15'38"E; thence continue along said Right of Way line and said curve to the left an arc distance of 65.81 feet to the point of tangency (P.T.) of said curve; thence NO2 degrees 16'54" W along Right of Way line a distance of 112.78 feet to a point of curvature (P.C.) of a circular curve to the right having the following elements, a radius of 35.00 feet, a central angle of 77 degrees 23'35", a chord of 43.76 feet and a chord bearing of N36 degrees 24'53"E; thence continue along said Easterly Right of Way line of Brickell Avenue and said curve to the right of an arc distance of 47.28 feet to a point of intersection with a non -tangent line; thence run SO2 degrees 16'54" E along said non tangent line a distance of 16.37 feet to a point of curvature (P.C.) with a circular curve to the right having the following elements, a radius of 604.25 feet, a central angle of 15 degrees 13'48", a chord of 160.15 feet and a chord bearing of NO5 degrees 20'00" E; thence run along said curve to the right an arc distance of 160.62 feet to the point of tangency (P.T.); thence run S12 degrees 56'54" W a distance of 38.84 feet to the Point of Beginning. Being a portion of those lands described in Official Records Book 11262, at Page 739, of the Public Records of Miami - Dade County, Florida. Together with all rights of ingress and egress established in that certain Order dated March 9, 1945, entered in Chancery Case No. 54811 of the Circuit Court of the Eleventh Judicial Court in and for Judicial Court in and for Dade County, Florida, as recorded in Chancery Order Book 719, at Page 191, of the Public Records of Miami -Dade County, Florida. PARCEL 3: Together with rights of ingress and egress from the publicly dedicated and maintained street known as "Brickell Avenue" to Parcel 1 of the Insured Property over and across Parcel 2 of the Insured Property created as a Common Easement for private road right-of-way in Chancery Case No. 54811 of the Circuit Court of the Eleventh Judicial Court in and for Judicial Court in and for Miami- Dade County, Florida, as recorded in Chancery Order Book 719, at Page 191, of the Public Records of Miami Dade County, Florida, as affected by Private Access Road Agreement between MASSACI USETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation, 97807 CANADA LTD./LTEE., a Canadian corporation, 275214 CANADA, INC., a Canadian corporation and 468310 ONTARIO, INC., a Canadian corporation, recorded May 24, 1995 in Official Records Book 16791, Page 2561 of the Public Records of Miami -Dade County, Florida. 7 Book22897/Page4025 CFN#20041105236 Page 7 of 9 • • • EXHIBIT B TO CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT All exceptions, if any, shown in the title insurance commitment delivered to Grantee. The reference set forth herein is a limitation on the warranty of Grantor only and shall not be deemed to impose an exception on title to the property. No party shall have to inquire into any exceptions listed in the title insurance commitment in connection with an examination of title to the property. 2. Easement for ingress and egress granted to Florida East Coast Properties, Inc., recorded August 24, 1972 in Official Records Book 7862, Page 743. (As to Parcel 2). 3. Riparian rights are neither guaranteed nor insured. 4. The interest of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida of an undivided 6/15 fee simple interest in and to the lands described as Parcel 2 pursuant to Amended Consent of Final Judgment recorded November 30, 1999 in Official Records Book 18879, Page 1101 is not insured. (As to Parcel 1) 5. Those portions of the Property described in Exhibit "A" comprising artificially filled land in what was formerly navigable waters, are subject to any and all rights 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. 6. Agreement for the Construction of Sanitary Sewage Facilities and for Disposal of Sanitary Sewage between Maprops III, Ltd. and Miami -Dade Water and Sewer Authority dated March 4, 1980 and recorded March 6, 1980 in Official Records Book 10678, at Page 2173. 7 Agreement for the Construction of Water Facilities and for the Provision of Water Service between Maprops III, Ltd. and Miami -Dade Water and Sewer Authority dated March 4, 1980 and recorded March 6, 1980 in Official Records Book 10678, at Page 2148. 8. Grant of Easement in favor of the City of Miami for pedestrian access along easterly portion of property along Biscayne Bay dated March 6, 1981 which easement was delivered to the City of Miami in 1981 but never recorded and is being recorded immediately prior to this Conveyance Deed to Trustee Under Land Trust Agreement as an attachment to that certain Affidavit Regarding Delivery of Grant of Easement dated on or about the date hereof. 9. Grant of Easement to Miami -Dade Water and Sewer Authority dated February 12, 1982 and recorded April 22, 1982 in Official Records Book 11419, Page 901. (As to Parcel 1) 8 Book22897/Page4026 CFN#20041105236 Page 8 of 9 OR Bk 22897 PG 4027 LAST PAGE • • 10. Grant of Easement to Miami -Dade Water and Sewer Authority dated June 1, 1982 and recorded December 8, 1983 recorded in Official Records Book 11990, Page 2185. (As to Parcel 2) 11. Permanent Easement in favor of the State of Florida Department of Transportation described as Parcel 802 in that certain Order of Taking recorded in Official Records Book 15569, Page 1203 and re -recorded as an attachment to that certain Certificate of Payment in Official Records Book 15579, Page 3192. (As to Parcel 1) 12. Perpetual Easement Agreement between Massachusetts Mutual Life Insurance Company and The State of Florida Department of Transportation dated November 16, 1992 and recorded December 7, 1992 in Official Records Book 15737, Page 4438. 13. Private Access Road Agreement between Massachusetts Mutual Life Insurance Company and 97807 Canada LtdlLtee., 2757214 Canada Inc., and 468310 Ontario, Inc. as recorded May 24, 1995 in Official Records Book 16791, Page 2561. 14. Easement Agreement between Massachusetts Mutual Life Insurance Company and 97807 Canada LtdlLtee. and 2757214 Canada, Inc. and 468310 Ontario, Inc. as recorded May 24, 1995 in Official Records Book 16791, Page 2538. 15. Covenant Running With the Land in Favor of Miami -Dade County regarding the docking facility recorded in Official Records Book 18117, Page 1497. 16. Rights of Massachusetts Mutual Life Insurance Company ("Mass Mutual") as tenant only, pursuant to that certain Lease between Mass Mutual and TRG-Brickell Point, Ltd., dated of even date herewith, as evidenced of record by Memorandum of Lease to be recorded in the Public Records; rights of parties of possession, as subtenants only, or having concession or license rights, claiming by, through or under Mass Mutual; rights of transient hotel guests. 17. Survey prepared by Fortin, Leavy, Skiles, Inc., Job No. 930105, Drawing No. 293-049-1 dated March 1, 1993, last certified and last updated October 8, 2004 shows the following: a. Fence Meandering along the southerly property Iine on and beyond property line. Ownership of the fence has not been determined. b. Planter on the 12' easement in O.R. Book 11419 Page 901 given to Miami Dade Water and Sewer Authority and encroaching onto the Department of Transportation Easement Parcel 802 and the access easements. c. Various utility devices located within the easement areas shown on the survey and throughout the property without the benefit of recorded easements. Ownership of these devices has not been determined. d. Retention Wall on property line, wood utility with guy wires inside property line without the benefit of recorded easement, chain link fence encroaching onto neighboring property on and along northerly line. e. Title to the Wood Dock on easterly side of property encroaching into Biscayne Bay is not insured. f. Stairs encroaching onto the 50 foot building setback line along the easterly property line. \\MIA-SRVQMU 602200v01\12/10104107632.055300 9 Book22897/Page4027 CFN#20041105236 Page 9 of 9