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HomeMy WebLinkAboutApplication & Supporting DocsMITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE STEPHEN J. HELFMAN HARRIET R. LEWIS GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD SUSAN L. TREVARTHEN RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZLLKOWITZ THOMAS J. ANSBRO` LILLIAN ARANGO DE LA HOZ* JAMES E. BAKER ELAENE M. COHEN JORGE L. CRUZ-BUSTiLLO VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH* WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, RA. ATTORNEYS AT LAW MIAM#-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 333f 2 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 VIA HAND DELIVERY Anel Rodriguez City of Miami Hearing Boards 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 'OF COUNSEL July 6, 2005 RAQUEL ELEJABARRIETA CHAO FRIEDMAN OLIVER G. GILBERT 111 DOUGLAS R. GONZALE5 TARA L. GOULD GREGORY A. HAILE PETER A. LiCHTMAN KAREN LIEBERMAN' MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK' JOHN J. QUICK ANTHONY L. RECIO SCOTT A. ROBIN GAEL D. SEROTA' JEFFREY P. SHEFFEL ESTRELLITA S. SIB(LA MICHAEL L. STINES JOSE 5. TALAVERA STEVEN E. TAYLOR JAMES E. WHITE Re: Application for Official Vacation and Closure of a Public Right of Way for the Electra project (the "Application") Dear Mr. Rodriguez: Our fhin represents A & S Design District Development, LLC ("A & S") in connection with the above referenced Application. A & S is the owner of the properties located at 3601, 3631, 3651, 3701 N. Miami Avenue and 17, 25 NE 36 Street. A & S intends to close the alley located between N. Miami Avenue and NE Miami Court north of NE 36 Street. The alley has a linear dimension of 188.4 feet by 10 feet in width (the "Alley"). On June 2, 2005, the City of Miami Plat and Street Committee unanimously approved the Tentative Plat for the Electra project (the "Project"). One of the conditions set forth in their approval was that the Alley be closed. As such, we are seeking favorable approval of this Application. Section 55-15 (c)(1) requires that any vacation and closure be in the public interest or that the general public benefit from the vacation. In connection with this requirement and pursuant to our discussions with Ms. Alicia Cuervo-Schreiber of the City Manager's Office, A & S is hereby voluntarily proffering a contribution to the City in the amount of $50,786.1.2 (the "Public Benefit Mr. Anel Rodriguez July 6, 2005 Page 2 Contribution"). The Public Benefit Contribution shall be used by the City to offset some of the costs associated with the City's Capital Improvement Program Job No. /Name B- 40699 Buena Vista Heights (the "Project"). The Project is in the immediate vicinity of the proposed Plat and, therefore, will provide a public benefit to the general public in the immediate area. In addition for the reasons stated below, we believe that the alley closure is justified. 1. The general public no longer uses the alley, including public service vehicles such as trash and garbage trucks, police, fire and other emergency vehicle. A & S owns both sides of the Alley, and accordingly, there are no other users; please see the enclosed pictures. 2. The proposed Plat provides ample access to the Project for fire, police, emergency vehicles, and trash collection which will occur internally. 3. The vacation and closure of the Alley will have favorable effect on pedestrian and vehicular circulation in that the proposed Project is very pedestrian friendly along NE 36 Street, N. Miami Avenue and NE Miami Court by providing wider sidewalks with uniform pavers and publicly accessible plaza along NW 36 Street and NE Miami Court. As per the application requirements, we have enclosed copies of the tentative plat, two (2) surveys, two (2) sketch surveys and four (4) photos showing the property and the alley to be vacated. We have also provided a copy of the warranty deed, the current year's tax information, the legal description, owner's affidavit, disclosure of ownership and disclosure of interest, the property ownership list and the opinion of title for your review and records. We look forward to your favorable review of this matter. Thank you for your anticipated cooperation. Please call me if you have any questions or require additional infofiiiation. '� Gilberto Pastoriza CC: Danny Tantleff (without enclosures) Enclosures WEISS SEROTA HELF1vIAN PASTORIZA COLS & BONISKE, P.A. HEARING 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 enforcementllien 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. 04-12-05 I, Gilberto Pastoriza, Esq. on behalf of A & S Design District Development, 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 3601, 3631, 3651, 3701 N. Miami Avenue and 17, 25 NE 36 Street AND MORE PARTICULARLY DESCRIBED AS: See 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.} NO 12. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning Department (3r` Floor) at 305-416-1400 for information.) NO 13. What is the acreage of the project/property site? Project/Property Site: 0.986 net acres; 1.876 gross acres Vacation: 0.0432 gross acres 2 14. What is the purpose of this application/nature of proposed use? The purpose of this application is to request the vacation of a right of way to allow for a 147 unit mixed use development that provides 12,030 square feet of commercial space. 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: Signe Vacation of public right-of-way: (a) Original submittal: 1884 square feet at .90 per square foot of right-of-way $ 1695.60 (b) Public hearing and public meeting mail notice fees, 39 property owners, 2 public hearings $ 273.00 Name Gilberto Pastoriza, Esq. Telephone (305) 854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE TOTAL: $ 1968.60 Address 2665 S. Bayshore Drive, Ste 420 Date Miami, FL 33133 The foregoing instrument was acknowledged before me this / day of ,e 2005, by Gilberto Pastoriza, Esq., who is a(n) agent of A & S Design District Development, LLC a Florida limited liability company. He/She is p [ II known to me or who has produced as identification and who id (did not) take an oath. (Stamp) MARILYN SOMOREVJLLA MY COMMISSION # 00 222204 EXPIRES: September 13, 2007 Bfln4N 17tra Bvtet Notary Simian 3 Street Address: EXHIBIT "A" LEGAL DESCRIPTION 3601, 3631, 3651, 3701 N. Miami Avenue and 17, 25 NE 36 Street PARCEL I: Lots 1, 2, 3 & 4, Block 1 and Lots 1, 2, 13, 14, Block 2, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami -Dade County, Florida, less and except the following described property: The West 15 feet of said Lots 1 & 2, Block 2; also less and except the following: Beginning at the Northwest Corner of Lot 1, Block 1, of CENTRAL ADDITION TO BUENA VISTA; thence run South along the West line of said Lot 1 for a distance of 100 feet to the Southwest Corner of said Lot 1; thence run East along the South line of Lots 1, 2, and 3 of said Block 1 for a distance of 78 feet to the Southeast Corner of said Lot 3; thence run North along the East line of said Lot 3 for a distance of 15 feet to a point; thence run West along a line 15 feet North of and parallel with the South Line of said Lot 3 and 2 for a distance of 43.03 feet to a Point of Curve; thence run along the arc of tangential curve to the right having a radius of 20 feet through a central angle of 89°54'30" for an arc distance of 31.38 feet to a Point of Tangency on a line 15 feet East of and parallel with the West line of said Lot 1 for a distance of 65.03 feet to a point on the North line of said Lot 1; thence run West along the North line of said Lot 1; thence run West along the North line of said Lot 1 for a distance of 15 feet to the Point of Beginning and less the South 15 feet of Lot 4, Block 1. PARCEL I1: Lots 3, 4 and 12, Block 2 of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami - Dade County, Florida, less and except the following described property: The West 15 feet of said Lots 3 and 4, also less and except that part of Lots 3 and 4, Block 2, CENTRAL ADDITION TO BUENA VISTA, being more particularly described as follows: Begin at the Northeast Corner of said Lot 4; thence southerly along the easterly line of said Lots 3 and 4, a distance of 57.67 feet; thence North 82°00'33" West, a distance of 87.46 feet to a point on the westerly line of said Lot 4; thence northerly along said westerly line, a distance of 44.77 feet to the Northwest Corner of said Lot 4; thence easterly along the northerly line of said Lot 4, a distance of 86.72 feet to the point of beginning. Also less and except that part of the said Lot 12, Block 2, CENTRAL ADDITION TO BUENA VISTA, being more particularly described as follows: Begin at the Northeast Corner of said Lot 12; thence southerly along the easterly line of said Lot 12, a distance of 21.93 feet; thence North 82°00'33" West, a distance of 102.60 feet to a point on the westerly line of said Lot 12, thence northerly along said westerly line; a distance of 9.67 feet to the Northwest Corner of said Lot 12; thence easterly along the northerly Tine of Lot 12, a distance of 101.70 feet to the Point of Beginning. AND Lots 5, 6, 7 and 8, Block 1 of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami - Dade County, Florida, less the South 15 feet for road right of way. RESOLUTION OF THE BOARD OF DI CTORS OF A & S DESIGN DISTRICT DEVELOPMENT, LLC WHEREAS, on—Sdne,-221 ZOO5, the Directors of A & S Design District Development, LLC (the "Corporation"at a duly called for meeting resolved the following: Authorize Gilberto Pastoriza, Esq. of the law firm of Weiss Serota Helfinan Pastoriza Cole & Boniske, P.A., to act as the Corporation's representative in applying for and legally representing the Corporation on all matters related to the governmental approvals from the City of Miami for the property located at 3601, 3631, 3651, 3701 N. Miami Avenue and 17, 25 NE 36 Street, Miami, Florida. In so doing, Mr. Pastoriza is authorized to sign any and all documents in connection with this matter. A & S DESIGN DISTRICT DEVELOPMENT, LLC 1i AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gilberto Pastoriza, Esq,, who being by me first deposes and says: 1. That he is 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 represents, if any, have given their full and complete permission for him to act in his/her behalf for the road closure petition, including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case helshe should be contacted at 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. Gilberto Pastoriza Attorney for Applicant Name Attorney for Applicant S. 7 icrt le STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of _.__. 2005, by Gilberto Pastoriza, Esq., who is a(n) agent of A & S Design District Development, LLC, a Florida limited liability company. He/She is p_e_r_sonatylnown to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signatu. ILYN SOMOQEVILLA * MY COMMISSION 4 OD 222204 EXPIRES: September 13, 2007 'PSOFf rye SoAded'NrruBudget*tiny Services 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) A & S Design District Development, LLC. The members of the LLC are Scott Podolsky (50%) and Alex Forkosh (50%) Subject Property Address(es) 3601, 3631, 3651, 3701 N. Miami Avenue; and 17, 25 NE 36 Street see attached Exhibit "A" Telephone Number (305)854-0800 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 45-47 NE 36 Street Lots 1 and 2, Block 4 of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami -Dade County, Florida, LESS AND EXCEPTING, therefrom the South 15 feet tt reof dedicatsd.fo the City of Miami for roadway pu Gilberto Pastoriza, Esq. Owner or Attorney for Owner Name Owner or Attorney fo STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2005, by Gilberto Pastoriza, Esq. who is a(n) individualipartneri corporation of A & S Design District Development, LLC a(n) individualipartnershiipfcnrporation. He/She is pe or who has produced as identification and who did (did not) take an oath. (Stamp) Signature„ , SOMODEVILLA MY COMMISSION I Ct1222204 EXPIRES: September 13, 2007 Bonded Th,u Budget Nutty Services EXHIBIT "A" w NW 38th STREET Z > NE 38th STREET 36 STREET EXPRESSWAY 1--195 (JULIA TUTTLE CAUSEWAY) 0 z NE MIAM9 COURT ALLEY TION NW 36th STREET NE 36th STREET LOCATION SKETCH SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA NOT TO SCALE LOCATION SKETCH TO ACCOMPANY ALLEY VACATION LEGAL DESCRIPT[ON Drawn By ACS CadNo. 051066 Ref Dwg. 2004-248 Plotted: 6/6/05 4:20p LOCATION SKETCH FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CER .1FICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey_com Date 6/6/05 Seale NOT TO SCALE Job. No. 051066 Dwg. No- 1005-031 Sheet 1 of 3 EXHIBIT "A" LEGAL DESCRIPTION: A 10.00 foot alley vacation bounded on the North by the South line of Block 2, CENTRAL ADDITION TO BUENA VISTA, according to the plat thereof as recorded in Plat Book 3 at Page 191; bounded on the West by the Southerly extension of the East line of the West 15.00 feet of said Block 2, bounded on the East by the Southerly extension of the East line of said Block 2, bounded on the South by the North line of Block 1 of said CENTRAL ADDITION TO BUENA VISTA, ail of the Public Records of Miami —Dade County, Florida being more particularly described as follows: Begin of the Southeast corner of said Block 2; thence SO0'02'50"E along the Southerly extension of the East line of said Block 2 for 10.00 feet; thence N89'54'40"W along the North line of said Hock 1 for 188.61 feet; thence N00'00'00"E along the Southerly extension of the East line of the West 15.00 feet of said Block 2 for 10.00 feet; thence S89'54'40"E along the South line of said Block 2 for 188.60 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 24, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. -- All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. — Dimensions indicated hereon are based on Fortin, Leavy, Skiles, sketch no. 2004---248. This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on June 6, 2005, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61017-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Liconnsed,Surr`yeyor and Mapper" FORTIN, LEAVY, SKIT ES, INC., LS3653 Daniel C. Fortin, For The Fir. Surveyor and Mapper, LS2853 State of Florida. ALLEY VACATION LEGAL DESCRIPTION Drawn By ACS Cad No. 051 066 Re£ Dwg. 2004-248 Plotted: 6/6/05 4:20p DESCRIPTION, NOTES, & CERTIFICATION 1 FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email its@flssurvey.com Date 6/6/05 Scale NO SCALE Job. No. 051066 Dwg. No. 1005-031 Sheet 2 of 3 4MP LOT 2 or 3 0W to tu z ILI a_ WY LU O� nF W0. ad W o Z SOUTHERLY EXTENSION _ OF THE EAST RIGHT OF ..... _,OF LINE OF NORTH 'MIAMI AVENUE( <9 00.W ) .< LOT 24 OW° JWY ®000 _03 LOf za CC 0- 0_ EXHIBIT "A" LOT 4 LOT 11 LOT 3 LOT 2 ORIGINAL WEST 15.00' OF BLOCK 2 0 d 10.00' LOT 2 ',mom 9bIBMB3i CONN MEWL =DfVS" am,' 3F E011. BWOUPEN 1S LOT 3, BIOIX 1 RA YUT KM S P rn NAT HIXM 3 PATE PDT \-SW CORNER OF THE SE 1+4 OF THE SE 114 OF SECTION 24,5341 - 1 LOT 12 CENTRAL ADDITIOr TO BUENA VISTA PLAT BOOK PAGE 191 LOT 1 BLgCK 2 SOUTH S 89°54'40" E LOT 13 LOT 14 POINT OF BEGINNING SOUTHEAST CORNER _[NE OF BLOCK 2 OF BLOCK 2 188.60' N 89'54'40'1 W 18 .6 NO TH LINE OF BLOCK 1 1-1 BLoCK 1 CENTRA ADDITION TO BUE A VISTA PLA1- BOOK 3 PAGE 191 LOT 3 LOT 4 LOT 5 LOT 6 I `MOM. YI:M LINE ff !flIX 1" PEP RAT BOCK 3 PAff 14t GRAPHIC SCALE 0 25 50 100 S 00°02'50"E 9' 10.00' LOT7 LOT8 z ( IN FEET ) inch = 50 ft. SOUTHERLY EXTENSION OF THE WEST RIGHT OF WAY LINE OF N.E. MIAMI COURT— cBLBLK 4 A€. c€nr3oN TO BUP VISTA PI.AT BOOR PAGE. 1St LOTS LOT 2 NE 36th STREET (PUBLIC RIGHT-OF-WAY) STATE ROAD 2.5 BUENA VISTA STREET (PER PLAT BOOK 3 PAGE 191) LOT 1 r LOCATION SKETCH TO ACCOMPANY ALLEY VACATION LEGAL DESCRIPTION Drawn By ACS Cad No. 051066 Ref Dwg. 2004-248 Plotted: 6/6/05 4:20p SKETCH OF DESCRIPTION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 6/6/05 Scale 1" — 50' Job. No. 051066 Dwg. No. 1005-031 Sheet 3 of 3 OPINION OF TITLE TO: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined Fidelity National Title Insurance Company Owner's Policy Nos. 5332-270904 and 5332-270911 and Attorneys' Title Insurance Fund certified computer printout completely covering the period from the beginning to June 7, 2005 at 11:00 P.M., inclusive, of the following described real property: SEE EXHIBIT "A" Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described property was vested in: A & S Design District Development, LLC, a Florida limited liability company NOTE: There are no reverter provisions. Once the private alley is closed fee simple title to the alley will go to the abutting owner. Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 1. All matters as set forth on the Plat of CENTRAL ADDITION TO BUENA VISTA, recorded in Plat Book 3, Page 191, of the Public Records of Miami -Dade County, Florida. 2. Reservations as set forth in Special Warranty Deed between Corky Corporation and Omar S. Bader, filed July 14, 1983 and recorded in Official Records Book 11846, Page 642; (License agreement for 50 years, containing a first right of refusal to purchase billboard sign and license). 3. Warranty Deed in favor of the City of Miami, a Municipal Corporation dated March 5, 1956 and recorded in Deed Book 4252, Page 297; re -recorded in Official Records Book 5062, Page 447 (reconstruction roadway, installing storm sewer, curb, gutter and sidewalks) . 4. Warranty Deed in favor of the City of Miami, a Municipal Corporation dated April 5, 1956 and recorded in Deed Book 4282, Page 352; re -recorded in Official Records Book 5062, Page 463 (West 15 feet of Lot 3, Block 2, for installing storm sewer, curb gutter and sidewalk and reconstructing the roadway). 5. Mortgage and Security Agreement executed by A & S Design District Development, LLC, a Florida limited liability company in favor of Great Florida Bank, a Florida banking corporation, in the principal amount of $2,600,000.00, dated October 27, 2004 and recorded November 24, 2004 in Official Records Book 22852, Page 0550; Collateral Assignment of Rents, Leases, Profit and Income recorded in Official Records Book 22852, Page 0576; and UCC-1 Financing Statement recorded in Official Records Book 22852, Page 0582; all as recorded in the Public Records of Miami -Dade County, Florida. 6. Any rights or interests as indicated by that certain Right -of -Way Deed and Reservation Recorded in Deed Book 983, Page 315, of the Public Records of Miami -Dade County, Florida. 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 of the aforedescribed property, the subdivision to be known as ELECTRA: Special Exception Name Interest Number A & S Design District Development, LLC Owner Great Florida Bank, a Florida banking corporation Mortgagee 5 2 1, 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. Respectfully submitted this day of July, 2005. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.A. By: 1167001 Gilberto Pastoriza, Esq. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL L• Lots 1, 2, 3 & 4, Block 1 and Lots 1, 2, 13, 14, Block 2, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami -Dade County, Florida, less and except the following described property: The West 15 feet of said Lots 1 & 2, Block 2; also less and except the following: Beginning at the Northwest Corner of Lot 1, Block 1, of CENTRAL ADDITION TO BUENA VISTA; thence run South along the West line of said Lot 1 for a distance of 100 feet to the Southwest Corner of said Lot 1; thence run East along the South line of Lots 1, 2, and 3 of said Block 1 for a distance of 78 feet to the Southeast Corner of said Lot 3; thence run North along the East line of said Lot 3 for a distance of 15 feet to a point; thence run West along a line 15 feet North of and parallel with the South Line of said Lot 3 and 2 for a distance of 43.03 feet to a Point of Curve; thence run along the arc of tangential curve to the right having a radius of 20 feet through a central angle of 89°54'30" for an arc distance of 31.38 feet to a Point of Tangency on a line 15 feet East of and parallel with the West line of said Lot 1 for a distance of 65.03 feet to a point on the North line of said Lot 1; thence run West along the North line of said Lot 1; thence run West along the North line of said Lot 1 for a distance of 15 feet to the Point of Beginning and less the South 15 feet of Lot 4, Block 1. PARCEL II: Lots 3, 4 and 12, Block 2 of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami - Dade County, Florida, less and except the following described property: The West 15 feet of said Lots 3 and 4, also less and except that part of Lots 3 and 4, Block 2, CENTRAL ADDITION TO BUENA VISTA, being more particularly described as follows: Begin at the Northeast Corner of said Lot 4; thence southerly along the easterly line of said Lots 3 and 4, a distance of 57.67 feet; thence North 82°00'33" West, a distance of 87.46 feet to a point on the westerly line of said Lot 4; thence northerly along said westerly line, a distance of 44.77 feet to the Northwest Corner of said Lot 4; thence easterly along the northerly line of said Lot 4, a distance of 86.72 feet to the point of beginning. Also less and except that part of the said Lot 12, Block 2, CENTRAL ADDITION TO BUENA VISTA, being more particularly described as follows: Page 1 of 2 Begin at the Northeast Corner of said Lot 12; thence southerly along the easterly line of said Lot 12, a distance of 21.93 feet; thence North 82°00'33" West, a distance of 102.60 feet to a point on the westerly line of said Lot 12, thence northerly along said westerly line; a distance of 9.67 feet to the Northwest Corner of said Lot 12; thence easterly along the northerly line of Lot 12, a distance of 101.70 feet to the Point of Beginning. AND Lots 5, 6, 7 and 8, Block 1 of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Miami - Dade County, Florida„ less the South 15 feet for road right of way. Page 2 of 2 2005-JUN-06 12:31PM FROM-FPOMBERG PERLOI & KORNIK • JrtY cu c%dz!v' tJ • ✓V Prrparnd by: YBmiler Estevej Thomas G. Sherroati, PA, l8, LJ E)CiAAY �1)E CORAL GABLES, Florida 33134 Pita ItiuttsAac TDs�4 lt� 412 Made ihi day of J muaiy, 2005. Arr. By Orkney Ong L.LC t norm, Lexington AN-cau,c, suite 1306, New YYsk, NY t0uI0, hereinafter Galled the Florida limited liability co y woffice seeker; i„ 354 Vf1t VFs 1 1 1Ll_ 3059360101 General Warranty Peed (YE hearer uses hard= um term 'breath sad'grvew ;ma* all the poles W 1) . inbtnkata' tatslvifinls, earl the =res ota and-K;gm, ottarparitioatE) wiroesaeth, that the grantor, for and in consideration of the sate of T to caipt whereof is hereby aekttowicdgcd, hereby grants, bargains, sta. aliens, tern stet that eerta;n land Simard it County. Florida, vim: PARCEL I: *LESS and excepting the So Lvt. 7 anti 8, LEss3tathocdtX50Xiscur=reliSIMERIXIMKEISMAIK according to the plat %are tt: recorded in Plat Book 3 at Page t91, of PARCEL ll: Las 1 mud 2, Block 4, CENTRAL ADDmON BUENA VISTA, Pie 191, of the Public Records of hilarni.pade Count. Florida. thereof dedicated to the Coy ai'Nfrang to roadway parpea s, Parcel ID Number. 41-3124-O24-0040 lit-3124.02t..g l i-141 P 002 F-789 1� 11i i ii4a 14111111141 1i11111# M 111i1 Iit 1 _ i lmm M 201,3F; IR, c73..-:-. .. f UR P,k i,:l?63 1714 r LiP i RECORDED /1.5/2 .j 1.�. !'!FED DOC: SAX }.>. . ri:�i4] .On ! URTAX 1`,r7N,0O !-lARVEY > UVIR : L.EF">.. ©; Carts rIir~M-DA E CQUF1TY; FLGF'Ii : LA' PAC tad Liability Company Flow adder i 2qq to A & S Design District Developmea; Id, a 91st Street, Suite 2Q1 , hereinafter called the grantee_ .Batt t o hats, lsga) +c rasataiivec aria asaiois at' Dollars , (Si GAO) and ather valuable considerations, releases, cerrveys and confirms lune, the grantee, th 15.00 feet fox R/W 1, CENTRAL ADDITION BUENA VISTA, Public Ream* of Mann -Dade County, Florida_ toThe Plat thereof, as recorded in Plat Book 3 at S �ND EXCEPTING, therefrom the Saheb 15.00 feet Together with all rile tenements, hers dhattlents and ;appu ncnanee thereaq boittttgtrtg of in =mist oppenniniag. To Hove and to Hold, the sarne in fx simple fmcver. And the granter herehyraveimen& with said pence that the grantor hat good :iglu acid rewire] antltatity tts sell and convey said land; that the grander heat The same against the lawful eiairiy of ail parrtns whvtu„Qcver, ;;;rid that said An sublevrnt to December 31, 2001. In Witness Whereof, the said grantor has signed and naiad seer pees grrerl, ceded and deli, Wi nsas Priam; f d//in our prsseries: wituax: Primed rl • te ' .�R/ State of "1 Y i & K County of 1 �i E_4^cr { j 8Y: y sai4.ea of said lurid 1a fit simple; that the granter y fully warrants the tide to said land end will defend is free of all eneinnbtences execin. /axes aaenting is the day and yter frrst above written, edited Liability Company Stephan ic • t Ib •, Jvf4eaging-Member ppr The foregpirtg instrument WOE actcrtpiriteted before Inthis ^ ,4 DD dry of lams iy, 2 Odestcr One, L.L.C, a Florida >• =r'rri ad Liability Coenpttty, who Warr item as iddntr f cati 1a. MaNtryl.a.bikj Print 14acite- IZUVIrdividutd waTely bead - Lefmt net Pratt Clown-c'4roiot , by Stepininic Ddcgatd is Managing -Member of Drtatly }at4uagl io tat: ae who has produced !1IL t 117 ChmaltUi4 Esplrerr ' — 0 )/ C V^ l 2005-JUN-08 12:31PM1 FROM-FROM:ERG PERLOW & KORNIK 3059360101 T-141 P.003 F-739 f�. In Witness Whereof, 1 hereby set hand and seal, th ed, sealed delivered in presence of t Name / 7 r•/f Print Name STATE OF FLORIDA COUNTY OF MIAMI-DARE I Hereby Certify that on this day, before me, an of leer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgment .ersonally y or Katz as ident for HOLLYWOOD BEACH GA!'J-. RESORT, INC.. who pro. used f)A / 1/&-ie i `2 as identification to me, who executed the foregoing ins w ment and he acknowledged before me that he executed the same. INSTRUMENT PREPARES? BY: Joseph Brien, Esquire r 100 East Hallandale Beach Boulevard, Suite 400 1.1afanale, Florida 33009 Tax Folio Noe_: 01-3124-026-0010 01-3124-026-0050 01-3124-026-0060 U1--3124-026-00?0 01-3174-02.6-0150 01-3124-026-0160 01-3124-026-017o 0i-3124-026-0030 Warranty D ed This Warranty Deed, made October 27, 200 between HOLLYWOOD BEACH GATE RESORT, INC., a Florida Corporation, whose mailing duress is 500 Bayview Drive, #1928, Sutmy Isles, Florida 33160, hereinafter called the Grantor*, and A & S DESIGN DISTRICT DEVELOPMENT, LLC, a Florida corporation, whose mailing address is 354 East 91 s` Street, Suite 201, New York, New York 10128, hereinafter called the Grantee*. Witnesseth: That said grantor, for and in consid ration of the sum of TEN DOLLARS AND NO CENTS ($10.00), and other good and valuable cons aeration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has ted, bargained and sold to the grantee, and grantee's heirs and assigns forever, the following descri ed land, situate, lying and being in Broward County, Florida, to wit: SEE ATTACHED EXHIBIT Together, with all the tenements, heriditalxlents and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever_ And the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and 1as ful authority to sell and convey said land, and hereby fully warrants the title to said land, and will defdnd that same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, and taxes accruing subsequent to December 31, 2003. "Grantor" and "grantee" are used fox singular or plural, as context requires. day of er- 20of OOD BEACH GATE RESORT, INC By: . gy m atz, President 200 Witness my hand and official seal in the Conn to as aforesaid 1 day of nell6 ---2.- GLPDYSOSERCI MY COtAM1SSION # DD 175114 - EXPIRES: January 15, 2007 -'+=-"• Fuua�:lnoo�wrl;are Barad Tau NC.sry