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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2 d Avenue, 7th Floor + Miami, Florida 33130 Telephone 305-416-2030 + Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION FOR AN OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boards! This application is for your reference and is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST 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. Copies of lobbyist documentation with proof of payment must be submitted. The responses to this application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral and the subject property must not have any open code enforcementflien violations. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional cost to record the Zoning Board resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 04-12-85 I, Lucia A. Douqhterv, Esq., on behalf of Brickell Flatiron, LLC hereby apply to the City of Miami City Commission in accordance with Section 55-15 of the Code of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1 Two (2) copies of the Tentative Plat prepared by a State of Florida registered land surveyor. 2. Two (2) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 3. Two (2) original sketch of surveys, prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 4. At least two photographs that show the entire property (land and improvements). 5. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 6. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled "Exhibit A". 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 9. Attach Opinion of Title addressing the reversionary rights. Note: An update shall be required if more than three (3) months elapse before Zoning Board or City Commission approval. 10. The undersigned, being the owner or representative of the owner, of the property located at 1101 South Miami Avenue, Miami, FL and 1121 South Miami Avenue, Miami, FL AND MORE PARTICULARLY DESCRIBED AS: In attached Exhibit "A" 11. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3`d Floor) at 305-416-1400 for information.} 12. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3`d Floor) at 305-416-1400 for information.} 13. What is the acreage of the project/property site? 3,957 Square Feet 14. What is the purpose of this application/nature of proposed use? Closure of SE 11th Street and dedication of a right-of-way easement Rev. O4-12-05 2 15. 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. 16. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 17. Cost of processing, according to the City Code: Vacation of public right-of-way: (a) Original submittal: Per square foot of right-of-way $ .90 Minimum $ 1,200.00 (b) Re -submittal: Per square foot of right-of-way Minimum Maximum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature $ .90 $ 1,200.00 $ 1,700.00 $ 3.50 Address 1221 Brickell Avenue Name Lucia A. Dougherty, Esq. Miami, FL 33130 Telephone 305-579-0603 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date November 7, 2005 The foregoing instrument was acknowledged before me this 7 day of November 2005, by LUCIA A. DOUGHTERTY who is a(n) individual/partner/agent/corporation of Brickell Flatiron LLC a(n) individual/partnership/corporation. He/She is personanyi to n to me gr who has produced as identification and who did (did not) take an oath. (Stamp) coMM;_SSIO , U. _ Rev. 04-12-05 3 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty, Esq. , 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 Signature The foregoing instrument was acknowledged before me this day of November 2005, by LUCIA A. DOUGHTERTY who is a(n) individual/partner/agent/corporation of Brickell Flatiron LLC a(n) individual/partnership/corporation. He/She is erson or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 04-12-05 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) Brickell Flatiron LLC Subject Property Address(es) 1101 South Miami Avenue, Miami, FL and 1121 South Miami Avenue, Miami, FL Telephone Number (305) 573-8700 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question #1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Lucia A. Dougherty l Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of November 2005, by LUCIA A. DOUGHTERTY who is a(n) individual/partnerlagenticorporation of Brickell Flatiron LLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) R x� G Z Signature `.",'UB�Uu -STATE OF FLORIDA Rev. 04-1 2-05 Paola Garzoni 50% Mirco Bianchi 50% Newlnvest LLC 10% Ownership Structure Brickell Flatiron LLC Carlo Salvi CVS Investments Limited 100% Brickell Investment Corp. 45% Amir Ben -Zion Brickell Flatiron LLC Asi Cymbal Ben -Zion Group LLC 45% Document in Microsoft Internet Explorer EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY SKETCH EXISTING RIGHT OF WAY TO BE CLOSED AND VACATED THAT PORTION OF S. F. 11 TH STREET LYING BETWEEN BLOCK 73 SOUTH ANO BLOCK 87 SOUTH, MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING AND BANG IN THE CITY OF MIAMI, MIAMI—DADE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT 5.0 FOOT EAST OF THE NORTHWESTERLY CORNER OF BLOCK 87 SOUTH; THENCE NORTH 89 DEGREES 47 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID BLOCK 87 SOUTH FOR 72,33 FEET TO A POINT ON THE WESTERLY LINE OF S. E. 1ST AVENUE; THENCE NORTH 15 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTHEASTERLY EXTENSION OF THE WESTERLY RIGHT —OF --WAY LINE OF S. F. 1ST AVENUE FOR 51.81 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED BLOCK 73 SOUTH; THENCE SOUTH 89 DEGREES 47 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID BLOCK 73 SOUTH FOR 86.00 FEET TO A POINT 5.00 FEET EAST OF THE EAST RIGHT —OF ---WAY LINE FOR SOUTH MIAMI AVENUE,. THENCE SOUTH 00 DEGREES 13 MINUTES 15 SECONDS EAST ALONG A LINE 30.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF SOUTH MIAMI AVENUE FOR 50.00 FEET TO THE POINT OF BEGINNING. NOTES: 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED SEARING OF N 15°00 '00 " E, ALONG THE MONUMENT LINE OF S.E 1st AVENUE 2) ORDERED BY: PARADISE INTERNATIONAL DEVELOPMENT 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PRIFESSIONAL LAND SURVEYOR. 4) PROPERTY AS SHOWN HEREON CONTAINS 3,957 SQUARE FEET, MORE OR LESS SHEET 3 OF 3 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 190899 PREPARED UNDER MY SUPERVISION: ©ATE • MARCH 17, 2005 THIS IS NOT A " BOUNDARY SURVEY" ROBERT F. JACKSON, PRESIDENT CERTIFICATE OF AUTHORIZATION No. LE-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 REVISIONS K \39544%',,M!AM! FLAMID-N\SURVEY \0W0vRIIGHT OE WAY TO BE VACATEO_OWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXISTING RIGHT OF WAY TO BE CLOSED AND VACATED _ - - SOUTH N00'13'15"W —R/W NOO' 13' 15 "W NORTHWESTERLY CORNER BLOCK 87 SOUTH WFsr UWE BY PLAT (8-4;) N00' 13' 15 "W P.O.B. N7 p op 05.0 pp E LEGEND: DENOTES CENTER LINE DENOTES MONUMENT LINE P.D.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING F.S. DENOTES PLAT BOOK PG. DENOTES PAGE I 25 00' I 20.00' 5.00' MIA SOO' 13' 75'E frpF 75ppbo �Stsr�R�yR�ror SOUTH LINE BLOCK 73S .................. ........... _R/(�"W¢j 1 A N /j ENUP: N00" 13' 15 "W R/W_ 6 SOUTHEASTERLY CORNER BLOCK 73 SOUTH 4° 1—_ N7500O0 a° N75Q 0:03- 5 NORTH —12:11111157— SCALE 1"-30' SHEET 2 OF 3 SHEETS SCHWEBKE—SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS -- 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE ND.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 790899 — PREPARED UNDER MY SUPERVISION: DATE. MARCH 17, 2005 THIS 1S NOT A " BOUNDARY SURVEY" ROBERT F. JACKSON, PRESIDENT CERTIFICATE OFF AUTTIOR(ZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 REVISIONS K:A395441 \MIAV 2 AIIRON\SURVEY\DVVC\RIGHT or WAY TO BE VACATC_DWG LOCATION MAP EXISTING RIGHT OF WAY TO BE CLOSED AND VACATED ,r) A g SOUTH -4?ji)Icy -7P SUBJECT SITE 2. ..---- L,,- .,„.. ,, 1..„;/---). 11':-/.... '1.- I' ( '-, A A ' , SCALE 1" =150' SHEET 1 OF 3 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER No 1908.99 PREPARED UNDER MY SUPERVISION DATE MARCH 77, 2005 THIS IS NOT A BOUNDARY SURVEY' ROBERT F. JACKSON, PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-57 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2408 REVISIONS K : .3954 4 .AVAMI FLATIRON \ SURVEY \ DWG \ PIOHT OF WAY TO BE VA T ED. DWG. OPINION OF TITLE To: CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida With the understanding that this opinion of title is furnished to CITY OF MIAM1, FLORIDA, in compliance with Section 55-8 of the Miarni City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described, it is hereby certified that we have examined Commitment for Title Insurance Number CDO5-106599 issued by Fidelity National Title Insurance Company, with an effective date of October 17, 2005 at 5:00 p.m. and No Lien and Gap Affidavit executed by Brickell Flatiron, LLC as of November 3, 2005 (the "Title Evidence"), which Title Evidence covers the period from the beginning through November 3, 2005 with respect to the following described real property (collectively, the "Property"): See Exhibit "A" attached hereto. Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of the opinion that on the last mentioned date, November 3, 2005, the fee simple title to the Property was vested in: Brickell Flatiron, LLC, a Delaware limited liability company (the "Company"). Amir- Ben Zion, as Manager of Ben -Zion Group, LLC, a Delaware limited liability company, a Member of the Company, and Ronald Harris, as President of Brickell Investment Corp., a Delaware corporation, a Member of the Company, have the legal power and authority to sign and bind the Company. Subject to the following liens, encumbrances, and other exceptions: RECORDED MORTGAGES: (a) Mortgage from Brickell Flatiron, LLC a Delaware limited liability company in favor of Miami Flatiron Partners, LLC, a Florida limited liability company dated March 3, 2005 recorded March 7, 2005 in Official Records Book 23143, Page 2110, Public Records of Miami -Dade County, Florida, as assigned to Gibraltar Bank by that certain Collateral Assignment of Mortgage recorded in Official Records Book 23147, Page 4398 of the Public Records of .Miami -Dade County, Florida (as to Parcels 1 and 2) (b) Mortgage from Brickell Flatiron, LLC, a Delaware limited liability company in favor of Brickell Investment Corp., a Delaware corporation dated March 3, 2005 recorded March 7, 2005 in Official Records Book 23143, Page 2129, Public Records of Miami -Dade County, Florida (As to Parcels 1 and 2) (c) Mortgage from Brickell Flatiron, LLC, a Delaware limited liability company in favor of Ramon Casola and Agustin J. Bunuel dated March 1, 2005 recorded March 4, 2005 in Official Records Book 23143, Page 2129, Public Records of Miami -Dade County, Florida (As to Parcel 3) (d) Mortgage from Brickell Flatiron, LLC, a Delaware limited liability company in favor of Brickell Investment Corp., a Delaware corporation dated March 1, 2005 recorded March 4, 2005 in Official Records Book 23138, Page 3534, Public Records of Miami -Dade (As to Parcel 3) 2. RECORDED MEC.l-.ANICS LIENS, CONTRACT LIENS AND JUDGMENTS: None. 3. GENERAL EXCEPTIONS: (a) All taxes for 2005 and subsequent years. (b) Rights of Les Trois Arnis Du Sud, Inc., a Florida corporation, as tenant with rights as a tenant only (as to Parcel 3). (c) Facts that would be disclosed upon accurate survey subsequent to March 7, 2005 as to Parcels 1 and 2 and subsequent to March 4, 2005 as to Parcel 3. (d) Any unrecorded laborers', mechanics' or materialmens' liens. (e) Zoning and other restrictions imposed by governmental authority. 4. SPECIAL EXCEPTIONS: (a) Condominium Purchase Option between Miami Flatiron Partners, LLC, a Florida limited liability company and Brickell Flatiron LLC, a Delaware limited liability company recorded March 7, 2005 in Official Records Book 23143, Page 2145, Public Records of Miami -Dade County, Florida. (As to Parcels l and 2) (b) Unrecorded Agreement for Post -Closing Condominium Purchase Option dated March I, 2005 by and between Brickell Flatiron, LLC, a Delaware limited liability company and Ramon Casola and Agustin J. Bunuel (as to Parcel 3 only) (c) The following matters as set forth on that survey prepared by Ford, Armenteros & Mauncy, Inc., dated January 25, 2005, Project No. 05-007 (As to Parcel 3): (i) Wood deck, asphalt pavement, tile and canvas encroach onto adjoining property as located along the West boundary line; and (ii) 6 foot chain link fence and 3 foot high concrete block wall encroaches onto adjoining property located at the Southeast corner of site. 2 Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant City of Miami, Florida. and the public, a good and proper title to the dedicated areas shown on the final plat oldie aforedescribed property, the subdivision thereof to be known as BRICKELL FLATIRON. NAME Brickell Flatiron, LLC, a Delaware limited liability company Miami Flatiron Partners, LLC, a Florida limited liability company INTEREST Fee Simple Owner Mortgagee Gibraltar Bank Collateral Assignee of Brickell Investment Corp., a Delaware corporation Ramon Casola and Agustin J. Bunuel RECORDED MORTGAGES NO. N/A 1(a) Mortgage 1(a) Mortgagee 1(b), 1(d) Mortgagee 1(c) With respect to the reversionary rights for the right-of-way portion of the property to be closed and vacated, as shown on Exhibit "B" attached hereto and incorporated herein (the "Street"), we have examined the Florida Statutes and have determined that Section 177.085(1) of the Florida Statutes ("Statute") reads as follows: "When any owner of land subdivides the land and dedicates streets, other roadways, alleys or similar strips on the map or plat, and the dedication contains a provision that the reversionary interest in the street, roadway, alley or other similar strip is reserved unto the dedicator or his or her heirs, successors, assigns, or legal representative, or similar language, and thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance." 3 Based upon the presumption that all proper and appropriate steps have been taken to close the Street, the presumption that none of the deeds in the chain of title of the abutting land contained a personal reversionary interest in the abutting streets, and the further presumption that none of the plats as described in Exhibit "A" contained a personal reversionary interest, or required the joinder of any other parties, it is our opinion that by virtue of the conditions set forth in the Statute, the Street to be vacated has become the property of the abutting land owners to the centerline on each side. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of The Florida Bar. STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE Res ectfully submitted this day of?`J_ v`'',f t; , 2005 STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. By. Name: i Bar Number: 0 0 The foregoij0 instrument was acknowledged before me this day of 2005 by ii'"09 e= , personally known to me. G-'.W-CEG'.3 74294306':Revised opinion of Title pd Print Name •R7 Notary Public, State of Florida Commission No. My Commission Expires: MARA C. VIDAL MY COMMISSION # CC 3689'15 p EXPIRES: Mardi 4 2009 iuondedThnuNotaryP CUnder+ri'i[ere ;3t�' 4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 Lots 3, 4, 5, and 6, Block 73 South, MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, Public Records of Miami -Dade County, Florida. PARCEL 2A11 of Block 87 South, LESS the West Five feet thereof MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, Public .Records of Miami -Dade County, Florida. PARCEL 3 The South 14 feet of Lot 1, LESS the West 45 feet thereof, and all of Lot 2, Less the West 5 feet thereof. AND The West 84.14 feet of Lot 1, less and excepting therefrom the West 5 feet and the South 14 feet of the East 39.14 feet, all in Block 73, South, M.ap of Miami, according to the Plat thereof, as recorded in Plat Book B, Page 41, Public Records of Miami -Dade county, Florida. Less and Except the land conveyed to the City of .Miami by the Warranty Deed recorded in Official Records Book 12923, Page 2201, Public Reocrds of Miami -Dade County, Florida, described as follows: That portion of Lot 1, Block 73 South, A.L. KNOWLTON PLAT OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, being more particularly described as follows: The external area of a circular curve having a radius of 10 feet and tangents which are 30 feet East of and parallel with the centerline of South Miami Avenue and 25 feet South of and parallel with the centerline of S.E. 10th Street. THIS INSTRUMENT PREPARED BY: WILLIAM A. MALNICK, ESQ. 1CO SE 2nd Street --Suite 2700 Miami, Florida 33131 (305) 374-7415 Return to: DAVID A. MESSENGER, ESQ. STEARNS WEAVER MILLER 150 WEST FLAGLER STREET, STE. 2200 Miami, FL 33130 (305) 789-3200 Folio Number 01-0207-030-1010 111111111111111111111111111111111111111111111 CFH 2005R0213085 OR P.k 23138 F95 3516 - 3518; (3p9s) RECORDED 03/04/2005 14:31:04 DEED DOC TAX 287500.00 SURTAX 21,375.00 HARVE'f Rt1VIN, CLERK OF COURT 1IANI-DADE COUNTY,. FLORIDA STATUTORY WARRANTY DEED THIS WARRANTY DEED made this . / ay of March, 2005, by RAMON CASOLA and AGUSTIN J. BUNUEL, whose address is 2201 Srickell Avenue,Unit 58, Miami, Florida 33129 (hereinafter referred to as the "GRANTOR"), and BRICKELL FLATIRON, LLC, a Delaware limited liability company, whose address is 5700 Collins Avenue, Suite 16-M, Miami Beach, Florida 33140 (hereinafter referred to as the "GRANTEE"). (Wherever used herein the terms "GRANTOR" and "GRANTEE" include the parties to this instrument and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns.) WTTNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS AND NO CENTS ($ 10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, and conveys and confirms unto the Grantee, the following described real property and rights and interest in real property located and situate in Miami -Dade County, Florida to -wit: The South 14 feet of Lot 1, LESS the West 45 feet thereof, and all of Lot 2, Less the West 5 feet thereof. AND The West 84.14 feet of Lot 1, less and excepting therefrom the West 5 feet and the South 14 feet of the East 39.14 feet, all in Block 73, South, Map of Miami, according to the Plat thereof, as recorded in Plat Book B, Page 41, Public Records of Miami -Dade County, Florida. Less and Except the land conveyed to the City of Miami by the Warranty Deed recorded in Official Records Book 12923, Page 2201, Public Records of Miami -Dade County , Florida, described as follows: That portion of Lot 1, Block 73S, A. L. KNOWLTON PLAT OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, being more particularly described as follows: The external area of a circular curve having a radius of 10 feet and tangents which are 30 feet East of' and parallel with the centerline of South Miami Avenue and 25 feet South of and parallel with the centerline of S.E. 10th Street. Book231381Page3516 CFN#20050218085 Page 1 of 3 WARRANTY DEED CASOLA and BUNUEL to BRICKELL FLATIRON, LLC THIS PROPERTY IS NOT NOW NOR HAS IT EVER BEEN THE HOMESTEAD PROPERTY OF EITHER RAMON CASOLA OR AUGSTIN J. BUNUEL, NOR IS IT ADJACENT TO THE HOMESTEAD PROPERTY(IFS) OF EITHER RAMON CASOLA OR AGUSTIN J. BUNUEL, THE HOMESTEAD PROPERTY OF RAMON CASOLA IS LOCATED AT:1627 BRICKELL AVE., UNIT #2705. MIAML FLORIDA 33129 AND THE HOMESTEAD PROPERTY OF AGUSTIN J. BUNUEL IS LOCATED AT: 2201 BRICKELL AVENUE. UNIT 58. MIAMI, FLORIDA 33129. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, rights title, interest, dower and right of dower, separate estate, property, possession, claim and demand whatsoever, as well as in equity, of the said party of the first part, of, in and to the same, and every part and parcel thereof, with the appurtenances, to have and to hold the same in fee simple forever. This conveyance is made subject to the following: (a) All taxes for the year 2005 and for all subsequent years; (b) Restrictions and prohibitions imposed by governmental authority, restrictions and other matters appearing on the plat and/or common to the subdivision. (c) Zoning ordinances, easements, utility agreements, conditions, reservations, limitations, covenants and restrictions of record, without reimposing same; (d) Any acts done or suffered by the GRANTEE; AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said property in fee simple; that the Grantor has good right and lawful authority to sell and convey said property; and that the Grantor hereby fully warrants the title to said property and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. WITNESSED BY: Sign name: Print name: J/f L-L-F 9? Sign name: tF /��(� €("'`— j��` Print name: r L.il' ie1t t,e �bc O 2 RAMON CASOLA Book23138IPage3517 CFN#20050218085 Page 2of3 WARRANTY DEED CASOLA and BUNUEL to BRICKELL FLATIRON, LLC Sign name, Print name• Sign name: Print name: ( ) !Ontl Aac60 C fi BK 23138 PG 3- LAST PAGE AGUT ' J. Br(UEL STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me personally, an officer authorized to take acknowledgements, by RAMON CASOLA and AGUSt'IN !. BUNUEL to me well known to be the person(s) authorized to execute the foregoing and who produced his/her Form of identification 04.4 42 4.. # �/0 •- 7 � — tr. 4,—///-01 7 ,d/ g „ryD.- e 'Jp—S-7—at./9—G ' 4"'~3 .rites , and who, after being first duly cautioned, acknowledge(s) and represent(s) that heithcy has read the foregoing Warranty Deed, and that same is true, correct and complete. WITNESS my hand and official seal in th County and State last aforesaid this re:'ay March, 2005. My Commission Expires: Commission Number: amtplzarcolFlntuonh arranty.ded Print Name: Notary Public, State Florida 3 0. Y g'r,, OFFICIAL ROTARY SEAL ,-.:4..' z WILLIAM A. MAINttK - q ; _. ; • :Comnzission # DDO85938 cam 4rrtt% January 38, ,t Book23138/Page3518 CFN#20050218085 Page 3 of 3 Prepared by: Alfred I. Hopkins, Esq. Pertnoy, solowsky & Allan, P.A. 150 W. Flagler Street, Suite 2000 Miami, Flonda 33130 Tax Folio Nos.: 01-0207-030-1020, 01-0207-030-1030, 01-0208-070-1010, 01-0208-070-1020 Record and Return To: Chava E. Genet, Esq. Stearns Weaver Miller, etaL 150 West F7agkr Street, Suite 2200 Miami, Florida 33130 WARRANTY DEED I111111I111Ihill11111hillIII11111111111llll CFN 2005R0223859 OR Bk 23143 f'ls 2108 - 210 (lass) RECORDED 03/07/2005 16:00:54 DEED DOC- TAX 84►000.0J SURTAX 0,000,00 HARVEY RUVIN► CLERK OF COURT MIAMI-DADE COUNTY/ FLORIDA THIS WARRANTY DEED made this day of March, 2005, between MIAMI FLATIRON PARTNERS, LLC, a Florida limited liability company ("Grantor"), the post office address of which is 1000 Brickell Ave., #710, Miami, Florida 33131 and BRICKELL FLATIRON LLC, a Delaware limited liability company ("Grantee"), the post office address of which is 5700 Collins Avenue, Suite 16M, Miami Beach, Florida 33140: WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good a.nd valuable considerations paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee, his successors and assigns forever, those certain parcels of real property situate in Miami -Dade County, Florida and described as follows: Lots 3, 4, 5 and 6, in Block 73, SOUTH, MAP OF MIAMI, according to the plat thereof recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida; and All of Block 87, SOUTH, LESS the West Five Feet thereof, MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, Public Records of Miami -Dade County, Florida. Also described as: All of Block 87, less the West Five Feet thereof, of SOUTH CITY OF MIAMI, according to the Plat thereof recorded in Plat Book "B", at Page 41, of the Public Records of Miami -Dade County, Florida; together with all of the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, to have and to hold the same in fee simple forever. Grantor hereby represents unto Grantee that Grantor is lawfully seized of said land in fee simple, and that Grantor has good right and lawful authority to sell and convey said land; and Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, subject, however, to the following: Book23143/Page21 D8 CFN#20050223859 Page 1 of 2 OR BK 23143 PG 2109 LAST PAGE 1. Real property taxes for the year 2005 and subsequent years; and 2. Restrictions, dedications and easements as shown on the Plat of Map of Miami, recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida. IN WITNESS WHEREOF, this Warranty Deed has been executed the day and year first above written. Signed, sealed and delivered in the presence of: MIAMI FLATIRON PARTNERS. LLC, a Florida limited liability company By: V"y�fi�iJ / (Printed name of wane g,„ t a/7i0iL hY (Printed name of witless) STATE OF FLORIDA COUNTY OF MIAMI-DADE JAY"SOLOWSKY, Manager ACKNOWLEDGMENT The foregoing Warranty Deed was acknowledged before me this 0 midday of March, 2005, by Jay Solowsky, as Manager of MIAMI FLATIRON PARTNERS, LLC, above, on behalf of the limited liability company, who of // is personally known to me; or produced for identification Florida Driver's License No. NOTARY PUBLIC, State of Florida Print Name: Commission expires: M:n5F1at1ronlDAed . b.wpd PA1RICIA f_ MOORE MY COMMISSION # DD 376512 EXPIRES: Darenber 2,2209 eaidodxrMUNOW P cUdJ.I w►wr �rwr ! r .� rt Book23143/Page2109 CFN#20050223859 Page 2of2