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Home My WebLink AboutPZAB 06-06-12 Supporting DocsPZAB.1 File ID: Title: Location: Applicant(s): Zoning: Purpose: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 12-00084ac Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A 10- FOOT WIDE ALLEY LOCATED APPROXIMATELY 80 FEET NORTH OF NORTHEAST 36TH STREET, BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA. Approximately 80 Feet North of NE 36th Street, between N. Miami Avenue and NE Miami Court [Commissioner Michelle Spence -Jones - District 5] Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC. 1 SE 3rd Avenue, Ste 2500 Miami, FL 33131 (305) 374-5600 T6-12 0 Urban Core Zone This will close and vacate a 10-foot wide alley. Planning and Zoning Department Recommendation: Approval. Public Works Department Recommendation: Approval. Platt and Street Committee Recommendation: Approval on April 5, 2012 by a vote of 5-1. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: June 06, 2012 "FIFTEEN MIDTOWN SUBDIVISION" CLOSURE AND VACATION OF AN ALLEY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT APPROXIMATELY 80 FEET NORTH OF NORTHEAST 36 STREET, MIAMI, FLORIDA The Plat and Street Committee has reviewed the tentative plat of "Fifteen Midtown Subdivision" and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The Plat and Street Committee has further considered the vacation and closure of an alley with respect to the Miami City Code requirements and has voted 5 in favor and 1 in denial of this vacation and closure request. PLANNING DEPARTMENT ANALYSIS Case No. 2012- 00084ac CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A 10- FOOT ALLEY LOCATED APPROXIMATELT 80 FEET NORTH OF NORTHEAST 36TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT. Pursuant to Section 55-15 (c) of the Miami City Code, the Planning Department has reviewed the proposed public right-of-way vacation and closure to determine whether it is in the public interest, or whether the general public would benefit from the vacation of the right-of-way. The following findings have been made: • It is found that the tentative plat includes the dedication of additional right of way along the north side of NE 36 Street parallel to and south of the current alley. The new right of way dedication by this plat will be open and available for use by the general public. • It is found that the general public and Fire Department are not currently using the alley as a thoroughfare or for access. • It is found that there are major arterial roadways abutting and provide access to the site and surrounding neighborhood. There is no adverse affect on providing emergency Fire Department service. • It is found that the alley is not part of the pedestrian and vehicular traffic network system for the surrounding neighborhood. The dedication of additional right of way along NE 36 Street will enhance general vehicular and pedestrian traffic circulation on the local street network. • It is found that the Plat and Street Committee members voted 5 in favor and 1 in denial of this alley closure request. Based on these findings, the Planning and Zoning Department recommends approval of the request. M IAM 121 MAP 0 1T3_ NW 39TH ST I ( NE 39TH ST 4-L. 150 300 600 Feet I id ADDRESS: 12-00084ac 0 150 300 600 Feet ADDRESS: 12-00084ac APR-13-2012 17:40 FROM:CI7Y PUBLIC WORKS3651161278T0:+3053745500 t4IIitrntt April 13, 2012 Fifteen Midtown Properties, LLC • 47 NE 36 Street, Second Floor Miami, FL 33137 FIFTEEN MIDTOWN SUBDIVISION — TENTATIVE PLAT #b1783 LOCATED BETWEEN NORTH MIAMI AVENUE AND NE MIAMI COURT AND BETWEEN NE 35 STREET AND 1.195 EXPRESSWAY IOHNNY MART(NEZ, P.E. C.ily Manaller Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of April 5, 2012 approved the above tentative plat, subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied; 1 _ Provide the recorded information for the dedications along the East side of North Miami Avenue and the North side of NE 36 Street. 2.. Provide a copy of the deed filed it Miami -Dade County Public Records in connection with the dedication of the streets and alleys of this plat. (See note on PB 3-PG 191). 3. A plat approval letter from F.D.O.T, is required at the time of the final plat submittal. 4, Existing utilities in the alley to be closed and vacated must relocated or easements be created. 5. A portion of the land within the tentative plat boundaries has been leased to another party In a 50-year license agreement. The license holder must execute the plat. 6. Include a note that additional dedication of right-of-way Is required along NE 36 Street by the Florida Department of Transportation, 7. An easement has been recorded upon the existing alley which is not currently owned by the applicant. Said easement shall be released and a new easement recorded subsequent to plat recording at which time ownership will have reverted to the applicant. 8. Describe the specific site development intent on the tentative plat 9, Provide a suitable turnaround for vehicles on the property being platted on the north end of NE Miami Court. Said turnaround shall conform to Fire and Police Department requirements and be approved by the Supervisor of Plats, The turnaround. may be accomplished by a platted easement. Please consult with Lt. Jose Paz, Fire -Rescue Departments for dimensions and configuration of the turnaround, Provide a complete legal description and sketch of the final tumaround configuration. 10, Provide a tree table/list with common and botanical names, height, diameter and spread, including trees in the right of way adjacent to the tentative plat, 11. Miami -Dade County Public Works/Waste Management Department requires a full site development plan and traffic study prior to final plat The applicant is responsible for the installation of all traffic markings, signage and signals required by this tentative plat application. 12, Provide underground information for storm sewer facilities adjacent to the tentative plat site. DEPARTMENT OF PUBLIC WORKS 444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax, ( 05) 416-1278 Mailing Address: P.O, Box 330708 Miami, FL 33233-070t APR-13-2012 17:40 FROM:CITY PUBLIC WORKS 305416127E TO:+3053745600 P.3/4 ie. A letter from Comc ast Is required to determine 1? any adjustments to their faoilitias or easements are required. 14. Verify with Miami -Dade County that the proposed plat name is acceptable, 18. All encroachments across proposed tracts and/or lot lines must be removed prior to final plat submittal. 18. An opinion of title, in the City of Miami opinion of title form must be provided at the time of the final plat submittal. 17. Current backup documentation will be required for all who execute thefinal plat. A resolution for authority to execute documents and a Certificate of Good. standing, from the Secretary of State are required, if applicable. 18. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee, 19. Se advised that an incomplete final plat package will not be accepted by the City of Miami. it is the owner's responsibility to work with his surveyor and his attorney to assure that everything ie in order before submitting the final plat package. 20. Se advised that if all the requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 21, A letter of concurrency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). 22. An opinion of title as to the reversionary rights for the right-of-way to closed and vacated will be required by the Planning, Zoning and Appeals Board. The opinion of title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the right-of-way to be closed and vacated, A copy of the, opinion of title must be provided to the Public Works Department. 23. The Planning, Zoning, and Appeals Board will require a sketch and legal description With a square footage, on an 8 i " x 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-418-203Q. Provide a copy to the Public Works:iepartment. 24. The Plat and Street Committee has reviewed the tentative plat of FIFTEEN'MfbTOWN SUBDIVISION and determined that all technical requirements contained in: the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of the alley with respect to Miami City Code requirements and have voted 5 in favor and 1 in denial iaf this vacation and closure request. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improve'nients include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial Investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Development and Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision Improvement .estimate letter required for the final plat approval. 2. The alteration, relocatIon or installation of utilities such as :storm and sanitary sewers, electric, telephone, water, etc., caused by thls plat will be at the property owners expense, Also, utility easements may be required on the property being platted, APR-13-2012 17:40 FROM:CITY PUBLIC WORKS 3054161278 T0:+3053745600 P.4/4 3. A building permit will not be issued on the property being platted untie the final plat is recorded or as authorized by City of Miami Code Section 55-10(h). Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has 'been determined for the necessary subdivision improvements. 6. " Tentative plat approval is only valid for one (1) year arid six (6) rnonthsfrmm the. date of the Plat and Street Committee meeting at which time it was approved. if you have any questions conceming these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, zeribe lhekwaba, Ph, D., P.E. Director of Public Works NI/ H/cdt Enciosure: Contact Sheet c:Damian Thomason, P.S.M. Fortin, Leavy, Sides, Inc. 180 NE 168 Street North Miami Beach, FL 33162 Nzeribe lhekwaba, Ph. D., P.E., Director of Public Works Peat and Street Committee Members Surveys Development and [Roadway Plans Central Akerman April 23, 2012 VIA HAND DELIVERY Mr. Anel Rodriguez Administrator Office of Hearing Boards City of Miami 444 SW 2nd Avenue, 7th Floor Miami, FL 331 Joel E. Maxwell Akerman Senterfitt One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 Re: Letter of Intent & Analysis - Request for Vacation & Closure of a platted alley; 3601, 3651, 3681 & 3701 N. Miami Ave.; 17 & 25 NE 36th St.; and 3630, 3620, & 3610 NE Miami Court, Miami, FL Dear Mr. Rodriguez: Our firm represents Fifteen Midtown Properties, LLC (hereinafter, the "Applicant") in the above -referenced matter. Our client respectfully requests the City of Miami's ("City") approval of the vacation and closure of the 10' wide platted unpaved alley which bisects the above -referenced properties, pursuant to Sec. 55-15 of the Miami Code of Ordinances ("City Code"). The subject properties are located at the northeast corner of the intersection of N. Miami Avenue and NE 36th Street (the "Property"). The site is bounded by I-195 to the north, NE 36th Street to the south, N. Miami Court to the east, and N. Miami Avenue to the west. Currently, the site consists of a vacant unimproved lot with an outdoor advertising sign located on the northwest corner of the assemblage immediately across from the off -ramp of the N. Miami Avenue exit of I-195. akerman.com BOCA RATON DALLAS DENVER FORT LAUDERDALE JACKSONVILLE LAS VEGAS LOS ANGELES MADISON MIAMI NAPLES NEW YORK ORLANDO PALM BEACH SALT LAKE CITY TALLAHASSEE TAMPA TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH {24110408;1} Mr. Anel Rodriguez April 23, 2012 Page 2 In 2006, a prior owner of the Property applied for and received approval from the Planning & Zoning Board (Resolution No. ZB-2005-1064) and City Commission for the vacation and abandonment of the same 10' platted alley (approved by Resolution R-06-0134). The proposal to vacate and close the 10' alley is the same as proposed and approved in 2006. On April 5, 2012, the Miami Plat & Street Committee reviewed and approved the tentative plat for the Property. A copy of the signed Plat & Street letter is enclosed as part of the application. In connection with the prior abandonment of the platted alley, the Property was also proposed to be replatted. As part of the final plat process, the utility companies provided letters regarding their facilities located on the Property and/or in the platted alley. Only BellSouth and Florida Power & Light have existing facilities in the alley. BellSouth previously issued a "no objection" letter to the abandonment of the alley pursuant to their facilities being relocated. FPL was granted an easement in 2009 for their existing facilities. This easement, as noted in the Plat & Street approval letter, will have to be abandoned and FPL's facilities will have to be relocated. The alley, as previously stated, is not paved and does not currently provide vehicular, pedestrian or emergency access. The Property is served by the following roads: Miami Avenue to the west, 36th Street to the south and NE Miami Court to the east. Therefore there is no need for the alley. For the foregoing reasons, we would respectfully request the City's favorable consideration and of the requested abandonment and closure application. cc: Justin Toal, Fifteen Group Matt VanderWerff, Fifteen Group Sincerely, ,,r A,/,,J4-09 oel E. Maxwell/ i (24110408;1} VACATION AND CLOSURE APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearinq boards 1A-CEOV-tri jiar- Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. 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. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. 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. All documents, reports, studies, exhibits (8'/2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. 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. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 03-2012 1 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the. Miami City Code for Vacation and Closure information. Applicant(s): Fifteen Midtown Properties, LLC 2. Description of area: a 10`wide alley, lying generally between N Miami Ave & NE Miami Ct . Copies of the Tentative Plat: One (1) 24x36" and one (1) 81/2x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8"/x11" 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. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8'/2x11" sketch of survey in #3 above can be labeled, "Exhibit A". 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; 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. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. The subject property(ies) cannot have any open code enforcement/lien violations. 16. What is the acreage of the project/property site? 0.96 acres (42,016 sg.ft.) 17. What is the purpose of this application/nature of proposed use? abandonment of platted alley / residential, commercial, office, lodging Rev. 03-2012 2 VACATION AND CLOSURE APPLICATION 18 Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 19. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 20. What would be the anticipated duration of the presentation in front of the: 0 Planning, Zoning and Appeals Board 10 minutes and/or ❑ City Commission 10 minutes 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. !. - G,L�3rd 25th Floor Signature (I- Address 1 SE Avenue, Name / Joel Ma"*well Miami, FL 33131 Telephone 305-982-5648 E-mail joel.maxwell(c�akerman.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE T. he foregoing was a n led d before me s day of IA61 20 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. COShe is i•erson!known to . = or who has produced as identification and who did (did not) take oat_ (Stamp) DIANA PEREZ-GATA NOTARY PUBLIC STATE OF FLORIDA Comm# EE101480 Expires 6/8/2015 Rev. 03-2012 3 VACATION AND CLOSURE APPLICATION AFF••IDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Joel Maxwell , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 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, including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Joel Maxwell Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE T e foregoing ctnow4Oged before me this 20' , by O Ji? t who is a(n) indivi ual/partner/agent/c rporation of individual/partnership/corporation H /She as identification and who di (Stamp) plicant(s) Sign ture day of a(n) or who has produced DIANA PEREZ-DATA NOTARY PUBLIC STATE OF FLORIDA Comm# EE101480 Expires 6/8/2015 Rev. 03-2012 4 Prepared by and return to: Neisen 0. Kasdin, Esq. Akerman Senterfitt One Southeast Third Avenue, Suite 2500 Miami, Florida 33131 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that FIFTEEN MIDTOWN PROPERTIES, LLC, have made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN, JAVIER E. FERNANDEZ and JOEL E. MAXWELL true and lawful attorney for them and in their stead to execute all documents and instruments required with respect to their application for vacation and closure of a platted alley submitted to the City of Miami for property located at 3601, 3630, 3651 & 3701 N. Miami Avenue and 17, 25 & 45 NE 36th Street, Miami, FL 33137, giving and granting unto NEISEN O. KASDIN, JAVIER E. FERNANDEZ and JOEL E. MAXWELL, their said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fizlly, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto A? L , 2012. Signed and delivered in the presence of: set my/our hand(s) and l i day of dy F.& Witness dug aature Owner Si_ ature a �oa°�2 i�-Omsavh'c9n 'tarry coif ers �-(Siden+ Witness Ndme — .° to Owner Name Witness Signature Witness Name STATE OF �- 021 6 L) ) SS: COUNTY OF i110/11• D4VE' ) Owner Signature Owner Name The foregoing instrument was acknowledged before me this r % day of 4)r1 / by /14 12-k Shit/6 72.S who is ersonally known to me or who have pro uced a as identi 'cation. -43 Jer .4 '..Iti/ KURT TRAMMEL * .7, '*: MY COMMISSION-#-EE107351 =�. ', ,?igt. EXPIRES July 25, 2015 (407) 39B•0153 FloridallotaryService.com NOTARY PUBLIC Print Name: l �C)� TaAvy ivi, L. My commission expires: a 7-' ZS- /5 {24103194;1} VACATION AND CLOSURE APPLICATION 1. 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 necessary. Owner's Name(es) Fifteen Midtown Properties, LLC Percentage of Ownership see attached exhibit Subject Property Address(es) 3601, 3681, 3651, & 3701 N. Miami Ave; 17 & 25 NE 36 Street; 3630, 3620, & 3610 NE Miami Ct 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): see attached exhibit see attached exhibit Joel Maxwell Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 20 The foregoing was a Twle d be ore me this , by ner(s) o Atto' a Signature day ofr whos(n) individua partner/agent/c rporation of a(n) individual/partnership/corporation. WI /She is personally known tom or who has produced as identification and who did (did not), (Stamp) SI n-atio Dim PCNCE4ATA NO -WY STATE OF FLORIDA Comm# 6E101480 Expires 6/8/2015 Rev. 03-2012 5 Exhibit to Disclosure of Ownership 1. List of owners and percentage of ownership Owner: Fifteen Midtown Properties, LLC 50% 50% Mark Sanders Ian Sanders 2. List of street addresses and legal descriptions of any property located within 500 feet of the subject property owned by any and all parties listed above Street Address 47 NE 36'" Street - owned by Fifteen Midtown Properties, LLC Legal Description Lots 1 and 2, Block A of "CENTRAL ADDITION TO BUENA VISTA", according to the Plat thereof, os recorded in Plot Book 3 of Puge 191, of the Public Records of Miami —Dodo County, Florida, LESS AND EXCEPTING, therefrom the South 15.00 feet thereof dedicated to the City of Miami for roadway purpose. OPINION OF TITLE TO: The City of Miami, a municipal corporation With the understanding that this Opinion of Title is furnished to The City of Miami, Florida in compliance with Section 55-8 of the City of Miami 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: (i) Fidelity National Title Insurance Company Policy No. 2710609-82231435 dated November 29, 2010, covering the period of time from the beginning to November 29, 2010 at 3:30 p.m., as to Parcels I, II and II; (ii) Chicago Title Insurance Company Commitment No. 3886077 dated April 13, 2012, covering the period of time from the beginning to April 13, 2012 at 11:40 p.m., as to Parcel IV; and (iii) Attorneys' Title Insurance Fund, Inc. ATIDS computer printout covering the period from November 1, 2010, through April 16, 2012, at 11:00 p.m., as to Parcels I, II and III, inclusive, of the following described real property. SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Basing our opinion on said policy and certified record search 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: FIFTEEN MIDTOWN PROPERTIES, LLC, a Florida limited liability company, as to Parcel I, II and III CITY OF MIAMI, a Florida municipal corporation, as to Parcel IV NOTE: There are no reversionary interests affecting the right of way described in Parcel IV. Subject to the following encumbrances, liens and other exceptions: 1. MORTGAGES: Mortgage and Security Agreement in favor of Great Florida Bank, a Florida banking corporation, recorded in Official Records Book 22852, Page 550, as modified by Modification of Mortgage, Note of Future Advances and Spreader Agreement recorded in Official Records Book 23168, Page 1715; further modified by Modification of Mortgage and Extension Agreement recorded in Official Records Book 25397, Page 1530; as further modified by Third Modification of Note and Mortgage and Extension Agreement recorded in Official Records Book 26790, Page 1218; as further modified by Fourth Modification of Note and Mortgage Agreement recorded in Official Records Book 26819, Page 1928; as further modified by Mortgage Modification Agreement recorded in Official Records Book 27502, Page 3180; together with the following collateral instruments: (i) Collateral Assignment of Rents, Profits and Income recorded in Official Records Book 22852, Page 576, as amended or modified; and (ii) UCC-1 Financing Statement recorded in Official Records Book 22852, Page 582, as amended or modified, all of the Public Records of Miami -Dade County, Florida. {24168583;2} 2. GENERAL EXCEPTIONS: (a) All taxes for the year 2012 and subsequent years. (b) Rights of persons other than the above owner. (c) Facts that would be disclosed upon accurate survey. (d) Any unrecorded labor, mechanics' or materialmen's liens. (e) Zoning and other restrictions imposed by governmental authority. 3. SPECIAL EXCEPTIONS: SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. Therefore, it is our opinion that the following party(ies) 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 above described property, the subdivision thereof to be knows as FIFTEEN MIDTOWN SUBDIVISION. Name FIFTEEN MIDTOWN PROPERTIES LLC, a Florida limited liability company, as to Parcels I, II and III Great Florida Bank, a Florida banking corporation City of Miami, a Florida municipal corporation, as to Parcel IV -{24168583;1} Interest Fee Simple Mortgagee Fee Simple Special Exception Number N/A See Item 1 Above N/A I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 30th day of April, 2012. Very truly yours, AKERMAN SENTERFITT One SE Third Avenue, 28th Floor Miami, Florida 33131 (305) 374-5600 By: Janice L. Russell, Esq. Florida Bar No.: 240184 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 30th day of April, 2012, by Janice L. Russell, Esq., who is personally known to me. (24168583;1} Notary Pu, lic, State of Florida My Name, Commission No. & Expiration: MATTHEW 8. ANDERSON B6 MY COMMISSION #DD821199 EXPIRES: SEP 09, 2012 Banded through 1st State Insurance EXHIBIT A PARCEL I: Lots 1, 2, 3 and 4, Block 1 and Lots 1, 2, 13 and 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 to 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 degrees 54 minutes 30 seconds 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; thence run North along 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 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 degrees 00 minutes 33 seconds 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 degrees 00 minutes 33 seconds 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 and 6, 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. 24168583,1) PARCEL III: Lots 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. And 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 the South 15 feet for road right-of-way. PARCEL IV: 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, all of the Public Records of Miami - Dade County, Florida, being more particularly described as follows: Begin at the Southeast comer of said Block 2; thence S00°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 Block 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. (24168583;1} EXHIBIT B SPECIAL EXCEPTIONS 1. All matters set forth on the Plat of CENTRAL ADDITION TO BUENA VISTA, recorded in Plat Book 3, page 191. 2. Reservations as set forth in Special Warranty Deed 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), as affected by that certain Notice Pursuant to Section 712.05, Florida Statutes, as recorded in Official Records Book 27853, Page 2163. 3. Easement to Florida Power & Light Company recorded in Official Records Book 26844, Page 476. 4. Notice of Commencement recorded in Official Records Book 27660, Page 660. NOTE: ALL RECORDING INFORMATION SET FORTH HEREIN REFERS TO THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. -{24168583;1} 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, all 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 S00'02'S0"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 Block 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 January 19, 2012, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a F rida-Licensed Surveyor and Mapper" FO TIN, LEAV,, SKIL , INC., LB3653 Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. ALLEY VACATION LEGAL DESCRIPTION Drawn By ACS Cad. No. 051066 DESCRIPTION, NOTES, & CERTIFICATION, _Ref Dwg 2004-248 REV.1 120198 Plotted: 4/20/12 2:36p FORTIN, LEAVY, S KILE S, 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 1/19/12 Scale NO SCALE Job. No. 05-1-066 Dwg. No. 1005-031 Sheet 1 of 3 4MP CC Y aCO oaw 0 LOT 2 In00 z - LOT aI- a. EXHIBIT "A" GRAPHIC SCALE 0 25 50 100 I LOT 4 LOT 11 .57Cb'- _ _� _ — — W _ LOT 3_ _ I Z I I _ W LOT 12 I 6 >3� I _I = ( IN FEET ) 1 inch = 50 ft. O is I CENTRAL ADDITIOPTO BUENA VISTA O a? W l' I PLAT BOOK PAGE 191 U a z Q Sc; I LOT 2 BLC K G LOT 13 > m ' m )l I � (7 J 0 2 1--. — —I— — — Q" I- I - ORIGINAL 9 w r_ WEST 15.00' EL" V a CC I 1 OF BLOCK 2 w LOT 1 LOT 14 p 1 POINT OF BEGINNING W 0 o SOUTHEAST CORNER SOUTHERLY EXTENSION -OF THE EAST RIGHT OF I WAY LINE OF NORTH IMIAMI AVENUE Y I a: I aco oaW Q LOT 24 O I E00 ?m LOT 23 ag .a I SOUTH INE OF BLOCK 2 OF BLOCK 2 Z S 89°54'40" E 188.60' 1K 1 0.o N�1BTH LLOICINE cK 11 g S 00°02'50" I 10.00 CENTRA ADDITIO TO BUENA VISTA P AGE LOT 2 I LOT 3� BLOTT 43 LOT 51 LOT 6 LOT 7 I LOT 8 LLL 1 ± AT W (3 PA 1 PFR* OT s*m 1 PEAS, ORI PLAT SOUM 3 P 101 FIAT BO5 (3 P553191 RAT 3 PA9E 191 PER PLABOOK 3 PACE 191 `SW CORNER OF THE SE 1/4 OFTNE SE 1/4 OF SECTION 24-5341 m LOoa1 YEo m 008 'g m a SOUTHERLY EXTENSION OF THE WEST RIGHT OF WAY LINE OF N.E. MIAMI COURT BLOCK 4 CENTRAL..DDITION TO BUEN 4 VISTA PLAT BOOK 3 PAGE 191 LOT 1 LOT 2 LOT 1 LOCATION SKETCH TO ACCOMPANY ALLEY VACATION LEGAL DESCRIPTION NE 36th STREET (PUBLIC RIGHT-OF-WAY) BUENA VISTA STREET (PER PLAT BOOK 3 PAGE 191) Drawn By ACS Cad. No. 051066 Dwg _Ref 2004-248 REV.1 120198 Plotted: 4/20/12 2:36p SKETCH OF DESCRIPTION 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 fls@flssurvey.com Date 1/19/12 Scale in = 50' Job. No. 051066 Dwg. No. 1005-031 Sheet 2 of 3 J EXHIBIT "A" I NW 38th STREET w > NE 38th STREET 36 STREET EXPRESSWAY 1-195 (JULIA TUTTLE CAUSEWAY) 2 2 2 CC 0 z 1- CC 0 U ALLEY TION w z NW 36th STREET NE 36th STREET I 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 DESCRIPTION Drawn By ACS Cad. No. 051066 LOCATION SKETCH Ref. Dwg 2004-248 REV.1 120198 Plotted: 4/20/12 2:36p F ORTIN, LEAVE, S KILES,JNC. 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 1/19/12 Scale NOT TO SCALE Job.. -No. 05-1066 Dwg. No. 1005-031 Sheet 3 of 3 F�,/ CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO r : SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Joel E. Maxwell (First Name) (Middle) (Last Name) HOME ADDRESS: Akerman Senterfitt (Address Line 1) 1 SE 3 Avenue, 25th Floor (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 374-5600 CELL PHONE: PAX: (305) 374-5095 EMAIL: joel.maxwell@akerman.com BUSSINESS or APPLICANT or ENTITY NAME Fifteen Midtown Properties, LLC BUSINESS ADDRESS: c/o Fifteen Group (Address Line 1) 47 NE 36 Street, 2nd Floor, Miami, FL 33137 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. request for vacation and closure of platted alley 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES x NO If answer—to-Question_2_is- No, answer_q.uestions_3,_4_&_5_proceed_to_read_and_execute_the_.eknowledgment. If your _do_not your answer to Question 2 is Yes lease answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: C 4.-- k ).e" 7-Joel Signature E. Maxwell \ Print Name Sworn to and subscribed before nee this clay q i,k4 , 20/ e/ . The foregoing instrument was acknowledged before me by I _...._ as identification and/or is personally known AL....______, who has produced to nee _Ind who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: ;, ._; :_ DIANA GR Not ATA ) )Q 'F.//�/� CRfa NOTARY PUBI.ID `' STATE OF FLORIDA Prin Enclosure(s) J.4, mm Co# EE101480 Name Paget � r'.; Doc. No.:86543 FxnirAe A/8/2015 111111111111111111111111111111111111111111111 CFN 201021R0799044 OR ek 27502 Pse 3186 — 3140; (5iss} RECORDED 11/24/2010 15:30:54 DEED DOC TAX 31:420.00 SURTAX 23,940,00 HARVEY RUVIN, CLERK OF COURT Jennifer Levin, Esq. t1IAMI—DADE COUNTY, FLORIDA Fremixrg, Pcrtow & Komik, P.A. 18901 N.S. 29th Avenue Suite 100 AventUn,Florida 33180 Record turd Return to; ScottJ, Fmrst Roden MtClosky 200 East 13rowa d Doulevard Suite 1500 l'ort Lauderdale, Florida 33301 [Spec* Above This Lino For Recording Data) Special Warranty Deed This Indenture made this day of November, 2010 between A & S DESIGN DISTRICT' DEVELOPMENT, LLC, a Florida limited liability company whose post office address is 354 East 91' Street, Suite 201, Now York, New York 10128 (`Grantor"), and, FIFTEEN MIDTOWN PROPERTIES LLC, a Florida limited liability company whose post office address is 1680 Meridian Avenue, Suite 303, Miami Beach, Florida 33139 ("Grantee"), (Whenever used herein the terms grantor and grantee include all the parties in this instrument and the heirs, leget representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) W jinesseth, that said Grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid or otherwise provided by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit; SEE EXH1131T "A" ATTACHED HERETO AND MADE A PART HEREOF, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, Subject to takes for 2011 which are not yet due and payable and subsequent years; that certain Mortgage and Security Agreement from Grantor, in favor of Great Florida Bank ("Mortgagee") dated October 27, 2004, recorded November 24, 2004, In Official Records Book 22852 at Page 550, of the Public Records of Miami -Dade County, Florida, as further modified by that certain Modification of Mortgage, Notice of Future Advance and Spreader Agreement dated January 28, 2005, recorded March 15, 2005 in Official Records Book 23168, Page 1715, as further modified by Modification of Mortgage and Extension Agreement dated January 28, 2007, recorded February 26, 2007 in Official Records Book 25397, 1'age 1530, as further modified by that certain Third Modification of Note and Mortgage and Extension Agreement effectively dated January 28, 2009, recorded March 17, 2009 in Official Records Book 26790, Page 1218, as further modified by that Fourth Modifications of Note and Mortgage Extension Agreement effectively dated January 28, 2009, recorded April 7, 2009 in Official Records Book 26819, Page 1939, as further modified by that certain Mortgage Modification Agreement dated substantially concurrently herewith, as the same may have heretofore been, or may hereafter be, modified or amended; and covenants, conditions, restrictions, easements, reservations and limitations of record as of the date hereof. To Have and to Hold, fire seine 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 lawful authority to sell and convey said land; that the Grantor hereby sully warrants the title to said land and will defend the stone against the lawful claims of all persons, including, without limitation, any tenant or other person purporting to have a leasehold interest or any right to otherwise occupy any portion of the property, claiming by, through or under Grantors. Page I of 5 Book27502/Page3186 CFN#20100799044----------- -----Page 1 of 5 in Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence oft A & S Design District Developr t, LLC, a Florida limited liability co By:G Nam=. Scott Podolsky its: Page 2 of 5 Book2.7.502/P_age3187 CFN#201O0799044 Page 2 of 5 STATE OF/D/4 ) COUNTY OF g//i//!- Pf9t ) I HEREBY CERTIFY that the foregoing instrument was acknowledged befor• his //8 day of Novernber, 2010, by SCOTT PODOLSKY as Manager of A&S DESIGN DEVELOPMENT C, a Flori• a ited liability company, on behalf of the Company, He is a personally known to me or a has produce. a IVY YO f ' er's license as identification. Print Name: NOTARY P =L ', State My Commi io xpires: Page 3 of 5 Book27502/P_age3.1.88 CFN#20100799044 Page 3 of 5 EXHIBIT "A" 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 BUENA VISTA; thence run South along the West line or 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 are of tangential curve to the right having a radius of 20 feet through a central angle of 89 degrees 54 minutes 30 seconds 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 Tine of said Lot 1; thence run North along 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, 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 degrees 00 minutes 33 seconds 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 degrees 00 minutes 33 seconds 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 sald 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 and 6, 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 15.00 feet for road right of way. PARCEL III: Page 4 of 5 Book27502/Page31=89- CFN#20100799044 Page 4 of 5 OR BK 27502 PG 3190 LAST PAGE Lots 7 and 8, Block 1, 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 15,00 feet for road right of way, And Lots 1 and 2, Block 4, "CENTRAL ADDITION TO BUENA VISTA", according to the Plat thereof, as recorded in Plat Book 3 at Page 191, of the Public Records of Mlaml-Dade County, Florida, Tess the South 15.00 feet for road right of way. Pap 5 of 5 Book27502/Page3190 CFN#20100799044 Page 5 of 5 LOT 6 LOT 8 LOT BLOCK 1 WINDWOOS PA&TA( R9 LOTS 195 (J36 TREET EXPRESSLOW 1B TUTTLE CAUS WA moorTwArATy *ROA D N0 25 0° 4 . Ph¢ �E E9 Mr Viv'm`" LOT 11 °F,mwram1iPP1: a111111 ( LOT 12 v°SWPv'Ov"w41.1 PLAT BOO !C 3, PAGE 181 I I J 101 LOCATION SKETCH LEGEND Tar GRAPHIC SCALE s 82i m�w 8 - 8� — I BLOCK 4 CENTRAL ADOrtION BUENA VISTA PLAT BOOK Si PAGE IS, Al PART. pTWTI LQT3 z sT�on�rgu�(Dwc 11 5,11 OF THE SE W 1.THESE Vi S SECTIONbba+, _L CROW/ .0.0241 901 MTA'Bmt iera t151 r_ sax 0110.5.1. 111aw19m0 6,E x0 sri¢r 9 94.1e1 u¢ v.am1 ze-5.1 a% Am era' NI36th RTRFFT 1PSTATE ROAD 25� BUENA VISTA STREET A (PER PLAT BOOK 2. PAGE 191)- e /74 1'%(F� i 1 TRACT A BUENA VISTA WEST PLAT BOOK 161, PAGE 78 t5 --- 1 ' I NENSIA STREET CIYOFIOAIA SCARP T6-24-0 exernnarnarovrruxractaLunc g NENNASTIEET 011Y7 SWIMS T6-24-0 �d�aSITE SCHEMATa e DEVELOPMENT CONTACT INFORMATION KNOW BRATS BELOW ALWAYS CALL 811 BEFORE YOU DIG bM6M.E1Mb. LEGAL DESCRIPTION: Parcel l: • tlescriled men= pd .r..�om.•..dP°'<, :.:w "°p`.ro' e Wad 15 feel el su a . less ond exc. Ms IaN...¢ Nll'Z'Aat Ibu.Ml (�wbweY < e M wN'a'",•: a re ^wu rorIR'IzI l'ence of fun a red. do, the the Se„ Nr]Clwmerc fro lag Wog a reel tlu Po'nl et e fun nl allWq ue "net adze 5 left o v Ptaq dem wene st t Ih uNh "m1h ,aw-0raet d eN<a a eepMry mF 1". e Parcel II: 01• a . and 19. eenPz 0. 2R"at PegiO°.9'19.,9,. woM,p`"zie.w UV o.:l°.I,I,o vm BM eNaB B DB �, m'.t,S�,a,"n0lan;. i 034 00r _ p:aw a..1... wn'n ��w •nitM Try a'"I 1 of 7. 7 feet r., • ce 1 a, wn .moo heb okret w ,leM rnet ! • e* d can re<L "4" d " l'iererce along w xowhm, B�. el •m Lel 4, a cral"lonce of 55.4lnl to sel4 Lei M.. sam -1 . e1 Id 1z. avtem. d ,.T9 feet le et ae9m?; mPa Po . 0,10 ' of M a AL Pope MOM 15'"h. oae"`,eouen.ao a Get Mom-wa.'rwnlr, nuwm, 1m w sew ,a,1Red I1 pea 1pnl d .a,. Pa a1ml IA: pe 91, 1 .1 wes aa•.».a .1pe a<mry, rvlaa. naa6O'ee .a et P41.coxmxrt,N 1x ro9 9A ere."req .Iheypol 1w I w 15ma�w in 9M •19 w�,7 Mo.u, y'"*l0r* S""hPuye¢ nso v re1 .. . cw M. 1Remo n.W mars scull 'woM vier m e mwluen: 9Ya9Y .dq u• M�+'�.levoltwm""rm' d au"Wt�eh i ie. ,�9m,f..t:1NII e<. 1, W" w w.../y a. Oxh l - 2 Wong the 5 vlamb.. 01 0ad'Re d 1 n West Race reel n ,eaw fed p0.°p° Pon, a Spa �"' 'a *NI w a9�,lh r...1 ..a eIe< m1,2.2 Race ROZ.E 61. u vs 'E ""a 0.05E "E 10 roar DEVELOPMENT INFORMATION: OWNEft row xl.,aR<P yp, 81-�!}W-8}tgl�m BI-311 9°'j6 SJ8; .� "a•.'i�.x&p`�ml � inn �'°":d. �zR x� w)000c u vm ,eN¢0 a saclw an uaMa coat rNxrsTa 10444 E mum now Om0114 0Ol 0.. 124 PG. ,x aan (N.FVA t+ ,*M). SURVEYORS NOTES: - ly l Ifond. - =, eR9., Seel.,e. H w Poy an�9..r 41 Cee„eGemnlw 11.1. N m -ede .e<-e h..em *a ROT.e.x...e f-...u•um., ».....,,. w/« lb a m .� y r amaamw rw Ih. T* 01, m ympona m:9 Ea.., LB1cu - as vl 44,0AAAA ere m aw.'ro oflrm9 ocan ma •e - lOnt. sivnn Mew an tocd.-'an ma having a a-.. 0e•y."Ibn x by 1 I w1tav��em%t 2<ezy (rvuL m rbea www• xola uoa ma V L Ce�..uII. 11o6m. Ca1•! 9ealemtee tt. fOm. mtl In4. nevi mbea - led hereon m , of mod "• ha mowed y a...e ..Ow•em4 - v r em emlm-a zma •9w,: r :I.°o: o. �<,":° a .d xr sure 1:,4m0 lecoletl wk. �.we.."ed. m./-d. .rgro.. .ee-anm11 net .xm, urn elh.,.. • w....a foe w:. h.Vm0S lwemn a.a/oe m•. W l .mtd.0Wm a io.*"''• vy o.04 r0,,l.r"a ,' po em a 1i o1 u•IL • Lp.a men . «.H. mona -dturNenydd SURVEYORSCE'1• n _ TON: ynw w' n d'ie'77" ,,,.7'a o-.Lsw BEVATOS®OWIIKE BNAPSPAATIVEro11EaNOFLLW WTY •b nn a'ESMb. i 440. 0 na'•a 4111 8=1 Nut. 1.11 Dr. l or. OEM 541023 2012.8 Fiala eTLlta6t J.1. 120107 9.1 LOT 10LOT 5 36 $7R E(EXPRESSWAY (JULITUTTLE USWA CAUSEWAY) NO251R/ArArE 11201'NOOKEI l6firrzePr — — — — LOT 11 LOT 12 VACANT IMDBULDINLS X� LOT / ' 7. .A aKru.P VACANT MJeB 3O LOT]] LO�I'` NI ;' T •T T IY 1-1 • I •Y 3 1 ._ _ LOT4 LOT6 NF '2Rth CTIRFFT (PUBUO STATE ROAD 25» BUENA VISTA STREET (PER PLAT BOOK 4, PAGE 181) TRACT A BUENA VISTA WEST PLAT BOOK 181, PAGE 78 LEGEND GRAPE= SCALE 4 , ag I BLOCK 4 CEVW,17" PLAT BOOM IPAOE 19I NOT Ai PART Lar I LD 2 I a111 PG] vow. I I LOCATION SKETCH LEGAL DESCRIPTION o�F%.awbn bmnam m . lal. q un sonn w n o x x, pTir" " ®uxL m pb Nn w,oe o. maee m Pa Cat s m Rm. 1n: b.e.nm en v.°n"m w s µurpz ml•n m w ran o. al u, t um wan a .na Boor s South Morino n ran Work, I a •mom .. uprziwl 72.=w D . m a°en4uaR. Puy. nomo a �i � odluem aso,e �a,< nofwsmote. corner or KM Bwzu. of Book for IMO4.�myNSV.wmwtoe x +.L=o: "w wroa u:"sa mm,.t 5",s.pa%a-"w m. samew mr Bnlx dc lmmr.n orbs wm vi e°.mQm.'p. to SURVEYORS COTES: - T.l r w s..21. Towns.m South. Rm41 Co.rmCy �m of lraml 1-e. - mpn,Koo.rooneun neon.b w Punt. Rama. p,4,u-0,eo Comfy. n.u• moon hereon .m NOT RbRam<for memo. one/or -n-.Kf- >:.mR. nT1wn-ofrmp Wren oel wM 1omN oAwn...mnp..�'u o� by 9)iuW tor t Caw 1mnn. 1.en or MR b n no...on P. +mos (.m`ix2 W a Mx. 0.4. rn.gnnen on loco. •M$1n on or. no2r2 ntrn loan ibma ....aM b NRbt]1 bxn lxx �gasnNilm2Dm. nremmm 12L 2022 mar 11, moo. - D•nnnav w6m1.e br•m w now moon. no Wm.. ms.wnn:, - Lam. no.n .non .,nlmnx 1.220 span 1.1. or 020 or m. - Vndemm0R .aoren Punt nwbr wo,m,m .ao40,m4M. ad .boo *xi mean.. - Kt moon.mom.>aa;. rinlmm n .xn1 ,norm. to SUM/ •RS CERDR.71 Arsw2lsn Snmasl xn Job. Ma. 110.