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HEARING BOARDS 444 SW 2nd Avenue, 7tn Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt, must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional cost to record the Zoning Board resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 12-14-04 Related Group of Florida, I, Lucia A. Dougherty on behalf of City National Bank as Trustee under Trust Number 2401- 1863-00 hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: A portion of 501 Brickell Avenue, Miami, Florida (See Attached Survey) 2. Folio number: 01-0210-000-1040 3. Two (2) 11x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the 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 as "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. Present zoning designation(s): PR Future zoning designation(s): SD- 5 10. Statement explaining why present zoning designation is inappropriate. The land is part of a larger site that is presently known as Brickell Park. The developer has purchased this land with the intent to deed a large portion to the City while keeping a smaller portion to be developed along with the land acquired immediately to the North. Thus, the PR designation needs to be changed to SD-4 in order to develop the site. 11. Statement as to why proposed zoning designation is appropriate. The zoning is appropriate because it conforms to the zoning that surrounds the area. 12. 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.) Yes 13. 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 Rev. 12-14-04 2 ,14. What is the acreage of the project/property site? 9,651 Sg.Ft. (.22 Acres) 15. What is the purpose of this application/nature of proposed use? The purpose is to rezone only a portion of the park in order to develop the adiacent site while maintaining appropriate setbacks, etc. 16. 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. 17. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 18. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, Gil, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum $ .25 $ 900.00 $ .30 $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Signature C/ i Address 1221 Bricked Avenue Name Lucia A. Dougherty Miami, FL 33131 Telephone (305)579-0603 Date April 7, 2005 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this (o day of 2005, by Lucia A. Dougherty who is a(n) individual/partner/agent/corporat4'on of a(n) individual/partnership/corporation. She is personally known to me. (Stamp) Signature, A. ARYPUBLi .A '. FLORIDA C'oMM1SS1ON NO. DD3 82 k/ °A" SION rXP.sE?r?i.7Xt Rev. 12-14-04 3 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 Sig ature The foregoing instrument was acknowledged before me this � day of 2005, by Lucia A. Dougherty who is a(n) individual/partneriagent/cOrporation of Greenberg Traurig a(n) individual/partnership/corporation, She is personally known to me. (Stamp) NOTARY SEAL (J MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD148882 MY COMMISSION 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) Ao_prox. 495 Brickell Avenue and 501 Brickell Avenue Exhibit "A„ Telephone Number 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, less the east 10 feet of Tots 1 and 2, in Block 108-A of the amended map of Brickell's Addition to the Mao of Miami, accordingly to the Plat thereof { The foregoing instrument was acknowledged before me this �_ day of 205-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 pr who has produced as identification and who did (did not) take an oath. (Stamp) Signa commis J �Mlf COMMIES' Rev. 12-14-04 5 Exhibit "A" LEGAL DESCRIPTION: A portion of "BRICKEII. PARK", according ton Piet thereof, as recorded In Plat Book 15, at Pops 39 and a portion of Deed Book 323, Pape 298, oe shown on 'BRICK IL PONT`, oocording to a Plat thereof, as recorded In Plot Boots 8. at Po. 34, both of the Public Rscnrds of Atiomi—Dads County. Florida, lying and being In the City of Mlamt, Miami --Dods sty. �lortdo. temp more partiu ulary described to follows: Begin at the Interaction of the Eostsrty extension of the North fine of Southeast 5th Street with the Eat right—of—way Nrn of Bricked Avenue as shown on said plot of " RICKi . POINT' recorded In Piot Book 8 at Pops 34; thence South 78'39'35" East, along the North Ins of the PRIVATE DRIVE as shown on soli "BRICKEIL POINT` for 82.36 fast; therm South 13'20'25" West for 17.93 fest; thence South 88'07'25' West for 49.35 feet to a point of curvature; thence southwesterly along a 20.00 foot rodk u curve, leading to the left, through o antral angle of 7446'30' for an arc distance of 28.10 feel to a point of cusp, said point lying on sold right of way lie of Bricked Avenue; thence North 13'20'S5' East along said East right of way line for 50.18 feet to the Point of Beginning. AND A portion of 'BRICKEIL PARK'. according to Pict thereof, as recorded in Plat Book 15, at Pogs 39 and a portion of Deed Book 323. Potts 29e, as shown on 'BRICKEiL PONT; according to a Plat thereof, as recorded In Plat Book 8. at Page 34, both of the Public Records of kliorni—Dods County, Florida, lying and being in the Cttr of Miami, Miami —Dade County. Fiorido, being non particulory described as follows: Commence at the Intsnsction of the Ear/toffy extension of the North Ins of Southeast 5th Street with the East right—of—way Inc of Bricked Avenue as shown on said plat of 'BRICKELL POINT' monied in Plat Book 6 at Pape 34: thence run South 76'39'35" Eost along the North Ilene of the PRIVATE DRIVE as shown on said "BRICKELL P01Nf', for 62.36 feet to the Point of Beginning of the hereinafter described porcoi of land; thence continue South 76'30'35' East for 65.92 feet to Reference Point 'A; thence South 86'07'25' West for 68.31 feet; thence North 13'20'25' East for 17.93 feet to the Point of Beginning of the hereinafter described poroel of fond. AND Commence at void Reference Point "A"; thence South 76'39'35" East along raid North Fins of the Private Drive as shown on said BR CKELL POINT for 105.24 feet to a point of curvature; thence Northsastedy along a 25.00 foot radius curve, leading to the left, through a central angle of 2815'34' for on arc dlctonce of 12.40 fest to the Point of Beginning of the hereinafter described parcel of land; thence continue along Bald circular curve, leading to the left, a central angle of 42'39'01' for an ono distance of 18.61 feet to a point of reverse curvature; thence Northeasterly and ! curve to the ht, concove to the South, having a radius of 40 feat, through oo central a 23 along a circular NM, gangle of 122"23'40`, for on arc distance of 85.45 fret to a point on a non —tangent lino; thence South 76'39'35' Eout for 264.60 fest; thence South 08'49'52' woe for 20.06 feet; thence North 76'39'35* Wert for 286.23 feet; thence North 63'46'58' Wsot for 45.61 feet; thence North 77'43'17" West for 10.49 feet; thence South 57'06'37' West for 14.11 feet; thence South 83'47'26* 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 - Minkel Point NE. Ltd. A amide fated Pertneredip OWNERSHIP STRUCTURE NAME TRG - Stickel , Ltd. TRG - Stickel Point,PE. Inc. TRG - Brickell Poi Holding, Ltd. TRG - Stickel ' bng, inc. TRG - Stickel' P •: 1 E Equiiy Holding. Lid. Trelccm Develcs TRG - Winkel! Point E, l Sole Director OfficenE President, Treasur Vice President Vice President, Seiler/ Vice President TRG - Stickel Poin E Holding, Inc. Sole Dkector Mears!: President, Treastref Ace Preab:kent (VACS Pruden, Se wry z 0.10% GP TRG - Stickel Paint NE, iris. 99.90% LTD TRG - Beckett Point NE Holding. Ltd. 100.i % 400.00% 0.10% GP 99.90% LTC? l00.00% I ©O.00% 0.1 O% GP 99.90% LTD 10O.00% 10DLO% TRG - Nickell Point NE Holing. Ltd. TRG - Bricicefi Point NE Holding, inc. TRG - Stickel PoWnt NE Equity Holding, Ltd. TRG - Stickel Point NE Equity Holding, Ltd. Trelcarn Development, lrto. The Related Group of Florida The Related Group of Florida (Shaerlbaider) Trelcorn Development, Inc Directors O ficess: - President, Treasurer Vice President Vice President. Secretary Dale Formed OWNERSHIP Jorge ht. POW Jorge M. Perez Matt Alen Angel Hernandez wtisim Thin Jorge M. Perez Jorge M. Perez Malt Allen Angel Hernandez Cupltal Cordribulku Jorge ".4. Perez Jorge M. Perez Malt Allen Angel Hernandez 0 ENTITY NAME TRG - Brickell St, LW. TRG - BrickeT it SE, tom TRO - arickell SE I./Adding, Ltd, TRG - Brief SE Hong Inc TRG - 9rtelreit Point SE Exply Mo drug, Lid_ TmTCnm eto snt, Inc. T G-Sackett P.., SE, Sole Director Mew Presides, Ti Vice President 11 Vice Pre r& S celery We .siderd t TRG - Bii:kell Sole Oireelor Oilicent President, T Vice Rankled Yke President, 10.1O% GP TRG - BriCkeit Point SE, Inc. waft LTD TI G - &icWdi Point SE Kirby, Ltd 100 00% 0.10 GP 99.00% LTD 101100% 100.00% 0.10% GP 9:9.9O% LTD 100.00% TRG - 8 $c id Pont SE Ht ing, L$d. TRG thicket Paint SE No Inc. TRG • Racket Point SE EquttyIkik m LH. TRG - Thicken tit SE EquiIy How ita, Troia= Dement, 3nc. The Related Gawp or Florida The belated Group of Florida (Sharehosder) Tom„ eeveloprnerel, 111c. Merton Mess: President, Treasurer Vice President Vice Presided, Secretary SEHolding. Inc. TRG Mickel Petal SE, UtL A Fl rtde Limited Parinerstato OWNERSHIP STRUCTURE Gale Formed OWNERSHIP Jorge M. Perez Jorge M. Perez Matt Allen Angel Hernarulez %Warn Th armsen Jorge ME Peez Jorge M. Perez AlienMatt Mkt., Hernandez Ca"! Ccedribulton Jorge M. Perez Jorge M. Perez Vat Alien 1710 - Br#dcwr MG- B it TRG - Poi TRG Br**ell TRG - althea NAM West, Ltd. est Hairrng, Ltd West erg, kic West Equity HsMina. iid. trarcom Dave, t, Inc. TRG-Wake!! Weep ir3c Sale I1trcer President, Ti Vice Prot Vice Vice Fresh:NW TRG - I1sfck11 P Sole Director Gllieenc Pf SWIM*T Woe Pn silent Vice President. 4.111.111...1.4111.11111.1 100 00% R10%GP crta le0.00% TRG - Orideir PQW Ltd. IRO -Tdrichea Paint West max. Tf1G _ BrrctO POIN West EgnpyWhdim ltcf. TRG - > Point West apirty HrfdinD, Ltd. Trelani r Devetopmenf, Ina The Related c+f Florida The Related Gawp of Florida (Shareholder) Trrelcom ere ,.. Directrs °Ulcers: Presided, Treasurer Vice President VIM President, Sscre#sry West Holding, Inc. TRG - Brickell Paint West. Lk. A F OWNERSHIP STRUCTURE Date F e4 SHIP O 1O% GP TRG - Mad Point West, Inc. — LTG TRG - Bdck 9 Point West Holding. Ltd. Jorge N Peiez Jorge M. Perez 1t 1I Allen Angel Hernandez WORM Thompson Jorgt .Perez Jorge M. Perez idol Allen Amid Hernandez Conrrir„ tten Jorge Li %la Jorge hi. Perez Matt Ali Angel Hernandez OWNERSHIP 0.1O GP 99.90% LTD 10000% 100.0014 0.10% GP 90 90% LTD 100.0% 1OD 00% O.10% GP 99.9t % LTD 100_00% 100.00% TRG -Cricket' Po1M Conur:on TRG - Bickel Ford Common TRG - Bricker' Point Common TRG - Cricket Pont Common TRG - Bickel Poll Common TRG - Brlr~iceu Point Common Treit:om Duet, Inc. The Related Group of Fiends . Inc. Holding, Ltd_ WON. Ltd. Holding. Inc, Edgily R'oInn, Ltd. Equity Ring, Ltd. The Reamed Group of Florida (Shsrehotder) Tr&com Development, Inc. °treaters Ctrs: President, Tremors( ice President We President. Secretary M v TRG - &lckell TRG - Wadi Petit Coartnna. LK A Florida Limited Partnership OWNERSHIP STRUCTURE EN ?TY 'NAME Darr: Formed Common, Lmi TRG - Cricket Pe Common, Inc. TRG - Cricket Po Gomm Fielding. Ltd TRG - Bickel Pohd Common Hotting, Inc. TRO - Racket P J Common £qui ly lidding. Ltd. Trercom Devsbp rrd- I TRG - Bridget Po t Gammon, Inc. Sole Director Officers: Wedded, Trea Vice President Vice Fresldertl, S cr+e ry Vice Presided Ofrcers: President, Trees VPca President Vice President, Seta Jorge IL Perez •hge M Perez Matt Alen Angel Hernandez �MIlillrn Trion f enn Jorge M. Pork folgt Alien Angel Hernandez Contribution Jorge M. Piz Jorge M. Peret Matt Men Angel Hernandez 111111111111111111111111111111111111111111111 This instrument prepared by and after recording return to: Name: Steven A. Landy, Esquire Address: Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Property Appraiser's Parcel ID #: 01-021-0000-1070 Grantee's Federal Tax I.13, # CFN 2004R 1 105236 OR $1; 22897 Pss 4019 - 4027; (911ss5 RECORDED 12/10/2004 15:51:57 DEED DOC TAX 564,000.00 SURTAX 423,000,00 HARVEY MIN, CLERK OF COURT MIAt1I-DADE COUNTYr FLORIDA [Space Reserved for Clerk of Ma Coot) CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT THIS INDENTURE WITNESSETH, that MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation ("Grantor"), whose address is do 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/Page4019 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, (c) 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#20041105236 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] Book22897/Page4021 CFN#20041105236 Page 3 of 9 • • • IN WITNESS WHEREOF, Grantor has set its hand and seal this f0 day of December, 2004. Signed, sealed and delivered in the presence of: GRANTOR: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY Mas corporation By: • .f Name: Print Name Title: Print Name COMMONWEALTH OF MASSACHUSETTS COUNTY OF HAMPDEN ) Vice Free . Address: 1500 Main Street Springfield, MA 01115 SS: (Corporate Seal .`- .%. lttis c T e forego ins ent was acknowledg d before me this i ' day of December, 2004 by ���14^4.i'ti , as 1Et�tC .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---pftnitteeEit— OTARIAL SEAL] Notary: Print Name: Notary Public, Commonwealth of Massachusetts My commission expires: Commission Number: 4 Notary P: i; Commorrlfi ;:E Mnsr>.)r..hu::: $L. My Ca;r.,rrk' i:2_r rpira s {i{ Jura 20; 2r) <'a 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 39'35" 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" East, 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. 5 Book228971Page4023 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 Plat 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 at' 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 13'301', 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 09100" 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 Tangerey; 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 froth, 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; 6 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 norrtangent 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 N05 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 MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation, 97807 CANADA LTDJLTEE., 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 6l15 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) S. 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 MR 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 Ltd/Ltee., 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 Ltd/Ltee. 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 Line on and beyond property line. Ownership of the fence has not been determined. b. Planter on the l2' 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-SRV 0111602200v01i12/10/04\07632.055300 9 Book228971Page4027 CFN#20041105236 Page 9 of 9