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HomeMy WebLinkAboutApplication & Supporting DocsPlanning Designee Initial & Date HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www,miamigov.com/hearinq boards SD-4 to C-2 PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT • Welcome to Hearing Boards! This application 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 with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, 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 and dated by the Planning Department designee. Rev. 01-06-06 Simon Ferro. as attorney on behalf of City National Bank of Florida which is the Trustee under Land Trust Number 2401-2535-00 and Tineo Grou LLC , hereby apply to the Miami City Commission for approval in accordance with Article 22 of the Miami Zoning Ordinance, and in support of that request, furnish the following: Obtain signature or initial and date by the Planning Department designee prior to submittal. The property/location listed does not have any open code enforcement/lien violations. Address(es) and folio(s) of property: 243 NW S. River Drive - Folio No. 01-0200-040-1020 and 201 NW S. River Drive Folio No. 01-0200-040-1180 4. Two (2) 11x17" original and one (1) 8 1/2 x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. Present zoning designation(s): SD-4 Statement as to why the present zoning designation is inappropriate: In light of the revitalization of the area, the present zoning is inappropriate in that it does not allow for any uses which can complement the residential development proposed immediately adjacent to it. The present zoning category was established in order to allow for industrial development relating to marine activities, This is no longer appropriate for the area. Future zoning designation(s): C-2 Statement as to why the proposed zoning designation is appropriate: The C-2 category would continue to allow this area to conatin marine related and light industrial activities but would allow for a much broader amount of uses to complement the growth of residential development in the area. Specifically, restaurants and the like would be permitted and would ensure a balance in the community. At least two photographs that show the entire property (land and improvements). 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. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. Affidavit and disclosure of ownership of all owners and contract purchasers of the subject property (see pages 4 and 5), Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). What is the acreage of the project/property site? approx. 0.60 acres Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. yes Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3r° Floor for information. No For corporations and partnerships indicated, the following documents are to be submitted: a) Articles of Incorporation; Rev. 01-06-06 2 b) Certificate from Tallahassee less than one (1) year old showing good standing; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation .authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. All documents. reports, studies, exhibits (8 % x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. Cost of processing according to Section 62-156 of the Miami City Code*: Change of zoning classification to: a. CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 b. R-3, R-4, 0, GII, HP per square foot of net lot area Minimum c. C-1, C-2, I, per square foot of net lot area Minimum d. CBD and all SD's, per square foot of net lot area Minimum $ .20 $ 750.00 $ .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 *Pursuant to Ordina 2799, l planning and zoning fees in excess of $25,000.00, shall be paid in the form of ertified ch ck, cashier's check, or money order. Signature Address 1221 Brickell Avenue Name Simon Ferro Miami, Florida 33131 Telephone 305-579-0644 E-mail ferros@gtlaw.com The application submittal date is the date stamped by Hearing Boards' staff on the front page. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 2 / day of nitela, 20 0 , by Simon Ferro who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and why o did (•id not) take an oath. (Stamp) Signature sR 'I; MARISOL R. GONZALEZ Notary Ruolic - Stan of Florida =My Commission Expires Sep 17, 2010 ,, e Commission # OD 553129 `° eF' ff:• Bonded By National Notary Assn. Rev. 01-06-06 3 AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Simon Ferro , who being by me first deposes and says: 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, Fiorida, 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 who he/she represents, if any, have given his/her 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 foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 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. Simon Ferro, as attorney Applicant(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 Ok , by Simon Ferro who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and n an oath. (Stamp) Rev. 01-06-06 #•nature MAR#SOL R. G 'ZALEZ Notary Public - State of Ebsida • ?My Commission Expires Sep 17, 2010 4 Commission 1 DD 553129 "% " Bonded By National Notary Assn. DISCLOSURE OF OWNERSHIP • List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition, Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Tineo Group, LLC Subject Property Address(es) 243 NW S. River Drive and 201 NW S. River Drive See attached Exhibit "A" Telephone Number E-mail Address See attached Exhibit `B" 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address 250 NW S. River Dr, 216-20 NW S. River Dr. 601, 609, 615, and 619 NW 2 St, Simon Ferro Legal Description Lots 1 & 2 Blk 4, PB B, Pg 41 Lot 20 Blk 4B P. 41 Lots 17 1: 1 and 20 Blk 4 P+ 41 Owner(s) or Attorney Name '�wner(s) or torney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7 day of r-t 20 O' , by Simon Ferro who is a(n) individual/partner/agent/corporation of 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. ip (Stamp) Rev. 01-06-06 5 Signature MARiSOL R G'.MZALEZ Notary Public - State of Florida • =My Commission Expires Sep 17, 2010 Commission # DD 553129 Bonded Ey National Notary Assn. -EV gap EXHIBIT 'A' • • LEGAL DESCRIPTION: REZONING SD-4 to C-2 Parcel A l: Commence at a paint an the Southerly side of Miami River where the South line of Lot 18 of Block 4 SOUTH, in the CiTY OF MIAMI, according to the Plot thereof recorded in Plat B , Page 41, of the Public Records of Dade County, Florida, produced East intersects the low water fine of the Miami River; run thence Southeasterly meandering; the low water line of the River to the point where the center line of Northwest Second Street (formerly Tenth Street) produced East intersects the said low water line; thence West to the East line of. South River Street; thence Northwesterly along the Northeasterly side of South River Street to a paint directly West of the Point of Beginning; thence East to Point of Beginning; also the submerged land lying between the tract of land described and the channel of the Miami River. Parcel A—I1 Commence al o point of the Southerly side of Miami River where the South line of Lot 1 of said Block 4 SOUTH, in the CITY OF MIAMI, according to the Plot thereof recorded in Plot Book B , Page 41, of the Public Records of Dade County, Florida produced East intesects the low water line of Miami River;; thence run Southeasterly meandering the low water line of the River to the point where the South line of Lot 18 of said Block 4 South produced East intersects the said low water line; thence West to the East Tine of South River Street; thence Northwesterly along the Northeasterly side of South River Street to a point West of Point of Beginning; thence East to Point of Beginning; also the submerged land lying between the tract of land last described and the channel of the Miami River. Parcel E: That parcel of land and submerged land bounded on the North by the Easterly extension o! the North line of Lot 2 in Block 4 SOUTHCITY OF MIAMI as recorded in Plat Book 'Et" at Page 41, of the Public Records of Miami —Dade County Florida; on the South by the Easterly extension of the South line of Lot 1 of the above Block 4 SOUTH; an the East by the Miami River; on the West by the Easterly line of N.W. South River Drive. ti A eis ewe a= rasmas 14. S90170'00"E 59Y61lm4 f s£ • Scale. i "52U' tee` m.� „ m r w.w w e..w e. se. 14„.u... 4—.4. 3.1 P.M i tip F9 —•.m --.Mhemm elLa 7 ?ape flms Merren k.m aJw« ne wsr re, We. a a:e" "mod Men WF444* mvae 5—eap . fp tt, J m,u, mm JYe..ps [ems Ib.rt d 5�M .n(r�r] •,..o� a 1m s�F b M W l a ae mne a PR..0 aie dr. He+m�ees mn wx •fm f+u-Ym no :x.bp. P.m , . �..•m.m,.mwm,.s ....�� �>r ere m., m,..aae .1 Ore env. mow onpar o/ 6m.w> e�NI3e 11 � i8nn•A tPwnraArer sMien- mDr..,mmb,8741R.v�mm ,eve eWm... .nam„n ar—mr..--m. mJ`m. N.n wp mlAKf r.m. 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Street Bwl G1(\ T. kf fio 5441) o \ "* !i p- + �' �\ k \ \ \ \ �4 �• 'fps \ \ \ J \\ \ \ W \\ • \\d't^ \ \ 4- \x. \`,r \45. \ 4� \.:,, \--,.,.. \ j17n / c,“-- \ p,\ \` naw.\ \a 3 �\ s. \?, \ \ \ 1 \ MHW \ \\\ 1 `.Meaider \ \ 97.0 ' \ , c ma. erf i d b3.07' k�, x \1 \ \` $�_. n a ,w.f, ar 944519Wt !4r 0. u %y?>. 144.25" LOCATION SKETCH Bk. 4 Hof44446, Pogo sr Seems C bns++q 444 Ser#, Rage 9Cosl Coacrefe a,:, , r KXP, [UM 'rarnn sm[r; ..%..m ..e, •.m rar .ie ¢rat �ryua:ngma. 919[4,- ♦ 14 ♦ sss • ,i \ T44 ♦ ♦ \ a M¢m * 94 q.earenmm fr fmmm *0- d44 e4 s rg A a O € 1100 NUNN b SD-1369e Al • Tineo Group, LLC is owned by: Pedr© de .N4oz` to 9e3 Martin Santandreu KALA GROUP LLC • • Exhibit 33 1 / 3 % 33 1/3% 33 1/3% iiepurtment of %tote 1 certify from the records of this office that TINEO GROUP, LLC, is a limited liability company organized under the laws of the State of Florida, filed on May 19, 2005. The document number of this company is L05000050272. 1 further certify that said company has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on January 18, 2006, and its status is active. CR2E022 (O i-06) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-seventh day of October, 2006 u _abxb 2rrrtnr1 cf$tute 4 • • • This instrument was prepared by (or under the supervision of): Joseph M. Hernandez, Esq. Greenberg Traurig, P.A. 1221 13rickell Avenue Miami, Florida 33131 111111111111111111111111111111111111111111111 C_FVI 2006Rn02319 OR 1'k 24125 Pss 3623. - 3626; (4ps= ) RECORDED 01/09/23:n:6. 12:35:0 DEED Dt: TAX 0.60 SURTAX 04,5 HARVEY RUV1fle CLERK OF -OURT lMIAMI-DADE COUNTY? FLORIDA CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT THIS INDENTURE WITNESSETH, that LA COLOMA MARINA, INC., a Florida corporation (the "Grantor"), whose mailing address is 4400 Granada Blvd., Coral Gables, FL 33146, for and in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby grants, bargains, sells, conveys and warrants unto CITY NATIONAL BANK OF MIAMI, Miami, 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 (the "Trustee") under the provisions of a certain Land Trust Agreement dated the 21st day of December, 2005, and known as Trust number 2401-2496-00 (the "Trust Agreement"), whose address is Trust Department, P.O. Box 025611, Miami, Florida, 33102-5611, the following described real estate lying, situate and being in Miami -Dade County, Florida, to -wit: Folio Number: 01-0200-040-1140: Lots 18 and 19 Less the West 110 feet thereof, in Block 4 South, of CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B," Page 41 of the Public Records of Miami -Dade County, Florida. Folio Number: 01-0200-040-1020: That parcel of land bounded on the North by the Easterly extension of the North line of Lot 2 in Block 4 South, of CITY OF MIAMI, as recorded in Plat Book `B" at Page 41, of the Public Records of Miami -Dade County, Florida; on the South by the Easterly extension of the South line of Lot 1, of the above Block 4 South; on the East by the Miami River; on the West by the Easterly line of N.W. South River Drive. Folio Number: 01-0200-040-1180 Commence at a point on the Southerly side of Miami River where the South line of Lot 18 of Block 4 South, of CITY OF MIAMI, according to the Plat thereof, recorded in Plat "B", Page 41, of the Public Records of Miami -Dade County, Florida, produced East intersects the said low water line of the Miami River; thence run Southeasterly meandering the low waterline of the River to the point where the center line of Northwest Second Street (foannerly Tenth Street) produced East intersects said low water line, thence West to the East line of South River Street; thence Northwesterly along the Northeasterly side of South River Street to a point directly West of the Point of Beginning; thence East to Point of Beginning; and -I- • • Commence at a point of the Southerly side of Miami River where the South line of Lot 1 of said :Block 4 South, of CITY OF MIAMI, according to the Plat thereof recorded in Plat Book " 13", Page 41, of the Public Records of Miami -Dade County, Florida, produced East intersects the low water line of Miami River; thence run Southeasterly meandering the low water line of the River to the point where the South line of Lot 18 of said Block 4 South, produced East intersects the said low water line; thence West to the East line of South River Street; thence Northwesterly along the Northeasterly side of South River Street to a point West of Point of Beginning; thence East to Point of Beginning. SUBJECT TO zoning and other governmental regulations; any recorded easements, covenants, restrictions and limitations; and real property taxes for the year 2006 and subsequent years. TO HAVE AND TO HOLD the said real estate with the appurtenances upon the trust and for the uses and purposes herein and in the Trust Agreement set forth. Full power and authority is hereby granted to the Trustee to improve, protect and subdivide said real estate 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 said real estate or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust all of the title, estate, powers and authorities vested in the Trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said real estate or any part thereof, to lease said real estate 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 a mend, 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 the 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 said real estate 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 real estate or any part thereof, and to deal with said real estate 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 the Trustee in relation to said real estate or to whom said real estate or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by the 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 the Trustee, or be obliged or privileged to inquire into any of the terms of the Trust Agreement; and every deed, trust deed, mortgage, lease or other instrument executed by the Trustee in relation to said real estate 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 Deed and by the -2- • • Trust Agreement 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 Deed and in the Trust Agreement and binding upon all beneficiaries thereunder, (c) that the 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 ail 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 said real estate may be entered into by the Trustee in the name of the then beneficiaries under the Trust Agreement, as their attorney -in -fact, hereby irrevocably appointed for such purpose, or, at the election of the Trustee, in the Trustee's 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 this 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 hereinbefore referred to and of 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 said real estate, 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 real estate as such but only an interest in the earnings, avails and proceeds thereof as aforesaid. And the Grantor(s) fully warrant(s) the title to said real estate and will defend the same against the lawful claims of all persons whomsoever. WITNESS THE DUE EXECUTION HEREOF this 215 day of December, 2005. Signed, sealed and delivered in the LA COLOMA MARINA, INC., a Florida corporation presence of: - rs, By: Na T e: frost �� -3- F [CORPORATE SEAL] STATE OF FLORIDA } SS: COUNTY OF r A,r - 4 OR BK 24125 PG 1526 LAST PAGE The foregoing instrument was acknowledged before -me this, / day of December, 2005 by Ai/t tar, (/e.Z- as /f -e.S;'Jam-f ofLa Colorna Marina, Inc_, a Florida corporation, on behalf the corporation. My commission expires: v --- otary Public, State of Florida [NOTARIAL SEAL] KATHLEEN A. WINTERS MY COMMISSION I DD 460613 EXPIRES: October 24, 2009 MIA-FS11HawksB11759454v02112, 21 /05 • • -4- • • This instrument was prepared by (or under the supervision of): Joseph M. Hernandez, Esq. Greenberg Traurig, P.A. 1221 I3rickeil Avenue Miami, Florida 33131 11111111111111111111111111111IIi 11111 I1111111 CFN 2'006R.00231' '1 13h Bk. 24125 Pss N617 — 3619; Gauss; RECORDED 01/09/2006 12»35:40 DEED DC1C TAX 0.60 SURTAX 0.45 HARVEY RUVINr CLERK BF COURT MIAMI—cADE COUNTYFLORIDA CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT THIS INDENTURE WITNESSETH, that SAN LUIS PROPERTIES, INC., a Florida corporation (the "Grantor"), whose mailing address is 4400 Granada Blvd., Coral Gables, FL 33146, for and in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby grants, bargains, sells, conveys and warrants unto CITY NATIONAL BANK OF MIAMI, Miami, 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 (the "Trustee") under the provisions of a certain Land Trust Agreement dated the 215t day of December, 2005, and known as Trust number 2401-2522-00 (the "Trust Agreement"), whose address is Trust Department, P.O. Box 025611, Miami, Florida, 33102-5611, the following described real estate lying, situate and being in Miami -Dade County, Florida, to -wit: Folio Number: 01-0200-040-1150: The East 60 feet of the West 110 feet of Lots 18 and 19, in Block 4 South, of CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of the Public Records of Miami -Dade County, Florida. SUBJECT TO zoning and other governmental regulations; any recorded easements, covenants, restrictions and limitations; and real property taxes for the year 2006 and subsequent years. TO HAVE AND TO HOLD the said real estate with the appurtenances upon the trust and for the uses and purposes herein and in the Trust Agreement set forth. Full power and authority is hereby granted to the Trustee to improve, protect and subdivide said real estate 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 said real estate or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust all of the title, estate, powers and authorities vested in the Trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said real estate or any part thereof, to lease said real estate 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 -1- • • 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 the 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 said real estate 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 real estate or any part thereof, and to deal with said real estate 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 the Trustee in relation to said real estate or to whom said real estate or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by the 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 the Trustee, or be obliged or privileged to inquire into any of the terms of the Trust Agreement; and every deed, trust deed, mortgage, lease or other instrument executed by the 'Trustee in relation to said real estate 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 Deed and by the Trust Agreement 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 Deed and in the Trust Agreement and binding upon all beneficiaries thereunder, (c) that the 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 said real estate may be entered into by the Trustee in the name of the then beneficiaries under the Trust Agreement, as their attorney -in -fact, hereby irrevocably appointed for such purpose, or, at the election of the Trustee, in the Trustee's 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 this 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 hereinbefore referred to and of 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 said real estate, 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 real estate as such but only an interest in the earnings, avails and proceeds thereof as aforesaid. And the Grantor(s) fully warrant(s) the title to said real estate and will defend the same against the lawful claims of all persons whomsoever. -2- • • OR L K 241 2: E Ga 3619 LAST PAGE WITNESS THE DUE EXECUTION HEREOF this 21'° day of December, 2005. Signcd, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF SAN LUIS PROPERTIES, INC„ a Florida corporation By: i Title: /'^ SS: [CORPORATE SEAL] The foregoing instrument was ac owiedged before me this - / day of December, 2005 , '. by .it)r,el adr,.. c✓as ,5-,a/y.-.)l of San Luis Properties, Inc., a Florida corporation, on behaif"of the corporation. My commission expires: KATHLEEN A, WINTERS MY COMMISSION t! 00 460673 EXPIRES: October 24, 2009 Bolded iMu War/ Futec lA.�wdma MIA-FS 1 \Hawks/3 1759456v02\12/21 /05 -3- Notary Public, State of Florida [NOTARIAL SEAL] • This instrument was prepared by (or under the supervision of): Joseph M. Hernandez, Esq, Greenberg Traurig, P.A. 1221 irickell Avenue Miami, Florida 33131 111111111111111111111111111111111111111111111 CFH 2 io6ROOOO?3192 OR Pik 24125 Ps 5 3621-0 - 36223s s s_ RECORDED 01/09/2006 12.:35.40 DEED DOG TAX 0,60 SURTAX 0.45 HARVEY RUVIF#i CLERK OF COURT MIAMI--DALLE CDUHTY, FLORI[) CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT THIS INDENTURE WITNESSETH, that RANCHO CALIENTE, INC., a Florida corporation (the "Grantor"), whose mailing address is 4400 Granada Blvd., Coral Gables, FL 33146, for and in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby grants, bargains, sells, conveys and warrants unto CITY NATIONAL BANK OF MIAMI, Miami, 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 (the "Trustee") under the provisions of a certain Land Trust Agreement dated the 215' day of December, 2005, and known as Trust number 2401-2509-00 (the "Trust Agreement"), whose address is Trust Department, P.O. Box 025611, Miami, Florida, 33102-5611, the following described real estate lying, situate and being in Miami -Dade County, Florida, to -wit: Folio Number: 01-0200-040-1170: Lot 20, LESS the Wcst 50 feet, in Block 4 South, of CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of the Public Records of Miami - Dade County, Florida. SUBJECT TO zoning and other governmental regulations; any recorded easements, covenants, restrictions and limitations; and real property taxes for the year 2006 and subsequent years. TO HAVE AND TO HOLD the said real estate with the appurtenances upon the trust and for the uses and purposes herein and in the Trust Agreement set forth. Full power and authority is hereby granted to the Trustee to improve, protect and subdivide said real estate 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 tennis, to convey either with or without consideration, to convey said real estate or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust all of the title, estate, powers and authorities vested in the Trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said real estate or any part thereof, to lease said real estate 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 -1- • 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 the 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 said real estate 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 real estate or any part thereof, and to deal with said real estate 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 the Trustee in relation to said real estate or to whom said real estate or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by the 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 the Trustee, or be obliged or privileged to inquire into any of the terms of the Trust Agreement; and every deed, trust deed, mortgage, lease or other instrument executed by the Trustee in relation to said real estate 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 Deed and by the Trust Agreement 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 Deed and in the Trust Agreement and binding upon all beneficiaries thereunder, (c) that the 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 said real estate may be entered into by the Trustee in the name of the then beneficiaries under the Trust Agreement, as their attorney -in -fact, hereby irrevocably appointed for such purpose, or, at the election of the Trustee, in the Trustee's 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 this 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 hereinbefore referred to and of 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 said real estate, 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 real estate as such but only an interest in the earnings, avails and proceeds thereof as aforesaid. And the Grantor(s) fully warrant(s) the title to said real estate and will defend the same against the lawful claims of all persons whomsoever. -2- • • presence of: STATE OF FLORIDA ) OR BY 2412 _ PG 5o2 LAST PAGE WITNESS THE DUE EXECUTION HEREOF this 215` day of December, 2005. Signed, sealed and delivered in the RANCHO CALIENTE, INC., a Florida corporation By: Nang • Title: t' ' ) SS: [CORPORATE SEAL] COUNTY OF fl1 m i - 0- -c-- The foregoing instrument was acknowledged before me this 1 / day of December, 2005 by Srkua1 �j a-e 7- as �'r �,d� �`% of Rancho Caliente, Inc., a Florida corporation, on behalf oi'the corporation. My commission expires: DV ��I•h� S EN A. WINTER$ nA i MY COMMiSSK3N # bb 46O673 j1A J�� 'r EXPIRES: October 24 2009 M1A-FS 1 \HawksB\1759455v02112/21105 -3- Not ary Public, State of Florida [NOTARIAL SEAL] • • • This instrument was prepared by (or under the supervision of): Joseph M. Hernandez, Esq. Greenberg Traurig, Y.A. 1221 Brickell Avenue Miami, Florida 33131 111111111111111111111111111111111111111111111 C F N NI2F fst=47 1 -4.96,7-= DR Bk 24- 9i P9S µ:.`di: 42fi RECORDED 12,297210S DEED DOC TAX rj.60 1).45 HAh:VEY RUVINe CLERK OF GOO MMTANI-DAC>E COUNTY? CLOfi'. A CONVEYANCE DEED TO TRUSTEE UNDER LAND TRUST AGREEMENT THIS INDENTURE WITNESSETH, that CITRUS HEALTH NETWORK, INC., a Florida not -for -profit corporation (the "Grantor"), for and in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby grants, bargains, sells, conveys and warrants unto CITY NATIONAL BANK OF MIAMI, Miami, 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 (the "Trustee") under the provisions of a certain Land Trust Agreement dated the 21 s1 day of December, 2005, and known as Trust number 2401-2535-00 (the "Trust Agreement"), whose address is Trust Department, P.O. Box 025611, Miami, Florida, 33102-5611, the following described real estate lying, situate and being in Miami -Dade County, Florida, to -wit: Folio Numbers: 01-02)0-040-1010 and 01-0200-040-1130: Lots 1, 2 and 17, in Block 4 South, of CITY OF MIAMI, according to the Plat Book "B'', Page 41, of the Public Records of Miami -Dade County, Florida. SUBJECT TO zoning and other governmental regulations; any recorded easements, covenants, restrictions and limitations; and real property taxes for the year 2006 and subsequent years. TO HAVE AND TO HOLD the said real estate with the appurtenances upon the trust and for the uses and purposes herein and in the Trust Agreement set forth. Full power and authority is hereby granted to the Trustee to improve, protect and subdivide said real estate 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 said real estate or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust all of the title, estate, powers and authorities vested in the Trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said real estate or any part thereof, to lease said real estate or any part thereof. from time to time, in possession or reversion, by leases to commence in praesenti or in futuro, and upon any te,ius 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 teirns and provisions thereof, to contract to make leases and to grant options to lease and options to renew leases and options to purchase the whole or any part of the reversion and to contract respecting the manner of fixing the amount of present or future rentals. to -1- • • • partition or exchange said real estate 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 real estate or any part thereof, and to deal with said real estate 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 the Trustee in relation to said real estate or to whom said real estate or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by the 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 the Trustee, or be obliged or privileged to inquire into any of the terms of the Trust Agreement; and every deed, trust deed, mortgage, lease or other instrument executed by the Trustee in relation to said real estate 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 Deed and by the Trust Agreement 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 Deed and in the Trust Agreement and binding upon all beneficiaries thereunder, (c) that the 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 said real estate may be entered into by the Trustee in the name of the then beneficiaries under the Trust Agreement, as their attorney -in -fact, hereby irrevocably appointed for such purpose, or, at the election of the Trustee, in the Trustee's 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 this 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 hereinbefore referred to and of 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 said real estate, 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 real estate as such but only an interest in the earnings, avails and proceeds thereof as aforesaid. And the Grantor(s) fully warrant(s) the title to said real estate and will defend the same against the lawful claims of all persons whomsoever. WITNESS THE DUE EXECUTION HEREOF this 21st day of December, 2005. • presence of: STATE OF FLORIDA COUNTY OFAI/k,u..b.._) OR BK 24/-1'97 PG 4222 LAST PAGE Signed, sealed and delivered in the CITRUS HEALTH NETWORK, INC., a Florida not -for -profit corporation By: Name: JA Air Title: Ire SS: 1.,,C5ku [CORPORATE SEAL] The foregoing instrument was acknowledged before me this)-/ day of December, 2005 by kaA4.-A0-42-i-eax, as cro .1) //,-,---,;e4tr of CITRUS HEALTH NETWORK, INC., a Florida corporation, on behalf of the corporation. My commission expires: 664 72_4a MIA-FS ilHawksB \1759216v0 I \12/20/05 - 3 - Not c, State of Florida [NOTARIAL SEAL] ' • .:Pr•i`! Nflary c;# Honda • ;My ComniissIGn 94pires Jon 26, 2009 Commission # DO 405662 Bonded By National Notary Ass .