Loading...
HomeMy WebLinkAboutSubmittal-Kent Harrison RobbinsCity of Miami Certified Copy City Hall 3500 Pan American Drive Miami, FL 33133 wvw.mlamigov.com File Number: 11-00318sc Enactment Number: R-11-0241 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED ALONG THE WEST SIDE OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 38TH STREET AND NORTHEAST 39TH STREET, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 4, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-022 by a vote of four to four (4-4), item no. 2, recommending approval with conditions, which failed, constituting a DENIAL of closing, vacating, abandoning, and discontinuing (a portion of) a public right-of-way as set forth; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical requirements have been met; and WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way as hereinafter described, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The portion of a street located along the West side of Northeast 2nd Avenue between Northeast 38th Street and Northeast 39th Street, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use, with conditions as stated in Exhibit "B", attached and incorporated. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Date: JUNE 9, 2011 II- O11q Iv 11- O /l ob app _ 1mitta 1- ge'rt Harrison son (gobbiviS SL'BMIUED INTO THE PUBLIC RECORD FOR 'TEMaz.1 ON -7 a& ,a , P2.a, P2.3 City of Miami Page 1 of 2 R-11-0241 File Number: 11-00318sc Enactment Number: R-11-0241 Date: JUNE 9, 2011 Mover: COMMISSIONER DUNN II Seconder: COMMISSIONER SARNOFF Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II Action: ADOPTED WITH MODIFICATIONS Date: Action: JUNE 14, 2011 SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R-11-0241, with attachments, passed by the City Commission on 6/9/2011. ity Clerk, Deputy Clerk (for P. A. Thompson, City Clerk) September 14, 2011 Date Certified {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk City of Miami Page 2 of 2 R-11-0241 City of Miami Master Report Enactment Number: R-11-0241 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamlgov.com File Number: 11-00318sc Version: 3 File Name: Street Closure - W Side of NE 2 Av btw NE 38 & 39 Sts Requester: Cost: File Type: Resolution Reference: Controlling Body: Office of the City Clerk Introduced: 3/30/2011 Final Action: 6/9/2011 Status: Passed Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED ALONG THE WEST SIDE OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 38TH STREET AND NORTHEAST 39TH STREET, MIAMI, FLORIDA. Sponsors: Notes: Indexes: Attachments: 11-00318sc Fact Sheet PZAB 5-4-11.pdf,11-00318sc PZAB Applictaion & Supporting Docs.pdf,11-00318sc CC 06-09-11 Fact Sheet.pdf,11-00318sc Planning Analysis.pdf,11-00318sc Miami 21 Map.pdf,11-00318sc Aerial Map.pdf,11-00318sc Public Works Analysis.pdf,11-00318scPublic Works Letter.pdf,11-00318sc PZAB Reso.pdf,11-00318sc CC Application & Supporting Docs.pdf,11-00318sc Survey and Sketch.pdf,11-00318sc CC Legislation (Version 2),pdf,11-00318sc Exhibit A.pdf,11-00318sc Exhibit B.pdf,11-00318sc-Submittal-PowerPoint Presentation.pdf, History of Legislative Flle Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Planning, Zoning and 5/4/2011 Appeals Board Planning, Zoning and 5/4/2011 Appeals Board Planning, Zoning and 5/4/2011 Appeals Board 2 Office of the City Attorney 3 City Commission 3 Office of the Mayor 3 Office of the City Clerk 5/26/2011 6/9/2011 6/14/2011 6/15/2011 Recommended Approval with Conditions Recommended Approval with Conditions Recommended Approval with Conditions Reviewed and Approved ADOPTED WITH MODIFICATIONS Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk Fail Fail Fail Pass Submitted into the public record in connection with items P2.1, P2.z & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk City of Miami Page 1 Printed on 9/14/2011 City of Miami Master Report Enactment Number: R-11-0241 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com 3 Office of the City 7/27/2011 Reviewed and Attorney Approved Action Note: MODIFICATIONS MADE Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk City of Miami Page 2 Printed on 9/14/2011 APR 21'11 AM1O:34 SKETCH AND LEGAL DESCRIPTION w z 1 I 1 LOIT B LOT 13 I LOT 12 01ikf( 2 YAONOILIA OOURT' (P.a. 4 PO. ID3) LOT 12 — _ LOT 17 TLOT — — — — — 115 LOT 10_ LDT 12 `f r — _ LOT 20 $I - _ LOT 21 1LOT -------1" Ler 22 I LOT 11 LOT 10 I BL' 1. J106) A couRY (P.B.'f Ie PG. I N.E. LOT B 1 LOT 5 'µACNO=IA DWRT' (P.B. CI P0. 100) f�p' �I — 4LOT 1 B�OCX TRACT I''A" 1 L 4T I L. 3T 1 LOT 1 110' 1 LOT 1 I I I 1 I I °. —.1-- — I LOT 1 LOT I LOT I LOT 1 LOT 24 25 25 27 2B I LOT 1 LOT I 22 30 N .E. LOT LOT 1. B a 38th BLOC( 3 'YOUNG'S ADDITION TO(THE TOWN 3, O.COBUENA VISTA, FLORIDA' STREET LOT E I 1 IN I LOT 6 1.014 11 --- -- BLOCK 2 I I LOT ADNOUA I I— — — — — — LOT r1 1 s l �^ 11P.e. 6, ► 0) • 1 I LOT 3 SOT O{ LOT 1 I I h Th‘ 1 .1 hV no, q T�1c ^,� --- 1 1 I .4� LOT 2 LOT LOT LOT 4.`‘qqII 4 3 1 2 ro �Ew1,13, Ca12e) .� LOT 3 STREET `YOUNG'S ADDITION TO THE TOW a( BUENAUa P0. A.2ONDA' LOT 4 LOT 6 LOT S LOT 7 — LOT i ^ C PORTION OF SE Y4 OF THE SE 1/4 OF SEC. 24-53-41 LOCATION SKETCH N.T.S. Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26 Priscilla A. Thompson City Clerk NOTICE: Not full and complete without Pages 2 thru 4 Page 1 of 4 12 EXHIBIT 'A" LOCATION SKETCH NOT TO SCALE :THIS IS NOT A SURVEY - VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY N.E. 1st COURT BETWEEN N.E. 38th STREET & N.E. 39th STREET, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA 33127 SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EAST Date: March 7th, 2011 SKETCH AND LEGAL DESCRIPTION LEGEND P.O.B. Point of Beginning P.O.T. Point of Termination P,O.C, Point of Commence P.B. Plot Book PG, Poge R/W Right —of —Way SEC, Section • TWP. Township RGE. Range C. Centerline Kt Monument line COR Corner N.E. — 39th _ STREET N57'35'09"E 25.001 OFELOOTRB -h 1 P. B. L COROF NER 31 303.02'25.00' — _SO9—W 5150 T -- — LINE OF N.E. 39th ST. NE COR. TH WEST 25 FEET 5E CHOIR. 8F LOT rST 25 FEET LOT I rn t0 in v I ;r J 'a 0 co 1:3 NORTH R/W LINE OF N.E, 38th ST. N.E. 38th ST ' ET NOTIQE: A S S U M E D Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk Not full and complete without Pages 1, 2 & 4 Page 2 of 4 EXHIBIT "A" SKETCH 0' 25' 50' GRAPHIC SCALE -THIS IS NOT A SURVEY- SCALE : 1 " = 50' VACATION AND CLOSURE OP A PUBLIC RIGHT-OF-WAY NE. 1st COURT BETWEEN N,E. 38th STREET & N.E. 39th STREET, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA 33127 SECTION 24, TOWNSIIIP 53 SOUTH, RANGE 41 EAST Date: March 7th, 2011 SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION OF A PORTION OF N.E. 1st COURT TO BE CLOSED AND VACATED: That portion of the N.E. 1st Court between the North right—of—way line of N,E. 38th Street and South right—of—way line of N.E. 39th Street lying and being in Section 24, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida, more particularly described as follows: Begin at the Southeast corner of Lot 31, Block 1, of "COMMERCIAL BUENAVISTA", according to the Plat thereof, as recorded in. Plat Book 14, at Page 56, of the Public Records of Miami —Dade County, Florida, also being the intersection of the North right—of—way line of N,E. 38th Street and the West right—of—way line of N.E. 1st Court; thence NO2'21'51 "W, along said West right—of—way line of N.E. 1st Court, also being the East line of Lot 31, the East line of Lot 7 and the East line of the West .50 feet of Lot 1, all in aforesaid Block 1, a distance of 182.51 feet to the Southeast corner of Lot 8 of Block 2 of "MAGNOLIA COURT", as recorded in Plat Book 6, at Page 105, of the Public Records of Miami —Dade County, Florida; 'thence continue NO2'21'51"W, along the aforesaid West right—of—way line of N,E. 1st Court, also being the .East line of said Lot 8, a distance of 93.02 feet to the Northeast corner of said Lot 8; thence N87'38'09"E, along the South right—of—way line of N.E. 39th Street, a distance of 25,00 feet; thence 502'21'51"E, along the East right—of—way line of aforesaid N.E. 1st Court, also being the East line of the West 25 feet of Lot 7 of Block 2, of "MAGNOLIA COURT" of aforementioned Plat Book 6, Page 105, a distance of 93.02 feet to. the Southeast corner of the West 25 feet of said Lot 7; thence continue S02'21'51"E, along the aforesaid East right—of—way line of N.E. 1st Court, also being the East line of the West 75 feet of Lot 1, and the West line of Lot 5 and the West line of Lot 33, all in Block 1, of "COMMERCIAL BUENA VISTA", of aforementioned Plat Book 14, Page 56, a distance of 182,61 feet to the Southwest corner of said Lot 33; thence 587'52'09"W, along the North right—of—way line of N.E. 38th Street, a distance of 25.0D feet to the Point of Beginning, Containing 6,690 Square Feet (0,16 Acres) more or less by calculations. Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk NOTICE: Not full and complete without Poges 1, 2 & 4 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION -THIS IS NOT A SURVEY - VACATION AND CLOSURE OF A PUBLIC RIGHT rbF-WAY N.E. 1st COURT BETWEEN N.E. 38th STREET & N.E. 39th STREET, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA 33127 SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EAST Date: March 7th, 2011 SKETCH AND LEGAL DESCRIPTION SOURCES OF DATA: The Legal Description of the Subject Parcel of Land was generated from information provided by the client. In addition, the following sources of data were used to the extent required to complete this document in a defensible manner. That is to say, — North arrow and Bearings refer to an assumed value of N87'52'09"E along the Centerline of N.E. 38th Street, — Section 24, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. — City of Miami Municipal Atlas Sheet No. 16—R, City of Miami, Florida. —Plat Book 6, Page 105, MAGNOLIA COURT, Public Records of Miami —Dade County, FI, — Plat Book 14, Page 56, COMMERCIAL BUENA VISTA, Public Records of Miami —Dade County, FI. CLIENT INFORMATION: This Sketch and Legal Description was prepared at the Insistence of: MIAMI AVE (DEL) LLC • LIMITATIONS: Since no other information other than what Is cited in the Sources of Data was furnished, the Client is hereby advised that there may be legal restrictions on the subject property thot ore not shown on the Sketch that may be found In the Public Records of Miami —Dade County, or any other public and private entities as their jurisdictions may appear. The Surveyor makes no representation as to ownership or possession of the Subject Property by any entity or individual who may appear in public records. This document does not represent a field boundary survey of the described. property, or any port or parcel thereof, SURVEYOR'S CERTIFICATE: I hereby certify That this "Sketch and Legol Description," was prepared under my direction and is true and correct to the best of my knowledge and belief, Further, that sold Sketch meets the intent of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J-17 of the Florida Administrative Code and its implementing Rule, Chopter 472,027 of the Florida Statutes. J. BONFILL & ASSOCIATES, INC. Florida Certificate of Authorization Number LB3398 9360 Southwest 72nd Street, Sulte 265 Miami, Florida 33173 Phone: 305.598.8383 By: Juan J. Bonflll, P.L.S. Professlonal Land Surveyor No, 3179 State of Florida March 7th, 2011 Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk Protect: 10-0318 Job: 10-0318 Sketch & Legal NOTICE: Not valid without the signature and original roised seal of o Florida Licensed Surveyor and Mapper, Additions or deletions to Survey Mops and Reports by other than the signing party ore prohibited without the written consent of the signing party. This document consists of multiple Exhibits and Sheets, Each Sheet os Incorporated therein shall not be considered full, valid and complete unless attached to the others. This Notice is required by Rule 5J-17 of the Florida Administrative Code, NOTICE: Not full and complete without Pages 1, 2 & 3 Page 4 of 4 EXHIBIT "A" SURVEYOR'S NOTES NOT TO SCALE -THIS IS NOT A SURVEY - VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY N.E. 1st COURT BETWEEN N.E. 38th STREET & N,E, 39th STREET, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA 33127 SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EAST Date: March 7th, 2011 April 28th, 2011 Chief Juan Meizoso Fire Marshall City of Miami Fire Rescue 444 SW 2"d Ave. 10th Floor Miami, FL 33130 RE: Closure of NE 1st Ct. between NE 38th St and NE 39th St. — File ID 11-00318sc Dear Chief Meizoso: As per our meeting with you and Lt. Paz on April 20`h, you advised that the Department will only allow the street closure, so long as six requested conditions are met, McCrory Design Associates (Del.), LLC, (The "Owner") is prepared to accept all of the conditions requested by the Fire Department, and those are listed as follows; 1, The street not be closed until the start of construction on the new buildings 2. A comprehensive life safety plan of the entire property be provided, indicating the buildings within the block not owned by the Owner as "not a part". 3. A interconnected sprinkler and standpipe system for all Owner buildings for the entire block. 4. A single alarm system for all Owner buildings for the entire block. 5. Water main and hydrant improvements around the entire block, in order to meet WASA and fire flow requirements for the new construction. 6. Access to the remnant portion of the closed street be made available for emergency responses at all times, in the form of a dedicated emergency lane. The lane may be blocked from all other vehicular access by a bollard or other similar system. McCrory Design Associates (Del.), LLC Steven Gretenstein,Vice President I above statement accurately reflect the condition that will satisfy the Department, and based upon those, the Department approves of the application for Street Closure and Vacation. ChiefJuan Meizoso Submitted into the public record in connection with items Pz.1, P2.2 & P2.3 on 07-26-12 Priscilla A. Thompson City Clerk IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASENO.: 1 1-38182 CA 06 SC INVESTMENT HOLDINGS, LLC, a Florida limited liability company, Plaintiff, THE CITY OF MIAMI, a Florida municipal corporation; MCCRORY DESIGN ASSOCIATES (DEL.) LLC, a foreign limited liability company; M1AMl AVENUE (DEL.), LLC, a foreign limited liability company; and DACRA DESIGNMIAMI (DEL.) LLC, a foreign limited liability company, Defendants. NOTICE OF APPEAL THE ORIGINAL FILED ON: MAR 1 6 2012 IN THE OFFICE OF CIRCUIT COURT DADE CO., FL NOTICE IS GIVEN that Plaintiff/Appellant, SC INVESTMENT HOLDINGS, LLC, appeals to the Third District Court of Appeal two (2) Summary Final Judgments of this Court, rendered February 15, 2012, and February 16, 2012, copies of which are attached hereto as Exhibits "A" and "B," respectively. The nature of these Orders are final summary judgments entered in favor of Defendants CITY OF MIAMI, MCCRORY DESIGN ASSOCIATES (DEL.) LLC, MIAMI AVENUE (DEL.) LLC, and DACRA DESIGNMIAM1 (DEL.) LLC. MITTED INTQ THL LIC RECORD FOR Ali.' ON pz.zqo= s KENT HARRISON ROBBINS Attorney for Plaintiff SC investment Holdings, LLC 1224 Washington Avenue Miami Beach, Florida 33139 Telephone: (305) 532-0500 Facsimile: (305) 531-0150 Email: khr@hrlawoffices.com Florida Bar No.: 275484 CASE NO.: 11-38182 CA 06 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. mail and / electronic mail this 1 (J day of March, 2012, upon: Warren Bittner, Deputy City Attorney Julie O. Bru, City of Miami Attorney 444 SW 29t Avenue, Suite 945 Miami, Florida 33130-1910 Telephone: (305) 416-1800 Facsimile: (305) 416-1801 Email: wrbittner@rniamigov.com Counsellor Dejenclanl City of Miami Dennis Richard, Esq. Laurel W. Marc -Charles, Esq. Richard and Richard, P.A. 825 Brickell Bay Drive, Suite 1748 Miami, Florida 33131 Telephone: (305) 374-6688 Facsimile: (305) 374-0384 Email: dennis@richardandrichard.com richardandrichard.com Email: laurel@richardandrichard.com Counsel for Defs. AJcC•or y Design Associates (Del.) LLC, AJianti Avenue (Del.) LLC and Dacra Designiniami (Del.) LLC 9 KENT HARRISON ROBBINS Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk SC INVESTMENT HOLDINGS, LLC., a Florida limited liability company, Plaintiff, vs. THE CITY OF MIAMI, a Florida municipal corporation; MCCRORY DESIGN ASSOCIATES (DEL.) LLC, a foreign limited liability company; MIAMI AVENUE (DEL.), LLC, a Foreign limited liability company; and DACRA DESIGNMIA1v11(DEL.) LLC., a Foreign Limited liability company, Defendants. IN THE CIRCUIT COURT FO THE ELEVENTH JUDICIAL CIRCUIT, IN,. MIAMI-DADE COUNTY, FLORll GENERAL JURISDICTION D`LV*SI f �, CASE NO. 11-38182 CA 06 SUMMARY FINAL JUDGMENT FINAL ORDERS AS TO ALL PARTIES SRS DISPOSITION NUMBEII /- THE COURT DISMISSES THIS CASE AGAINST ANY PA?.TY NOT LISTED IN THIS FINAL ORDER OR PREVIOUS DRDER(S). THIS CASE IS CLOSED AS TO ALL PARTIES. Judge's Initials THIS CAUSE having come before the Court on February 14, 2012, on Defendants The City of Miami, McCrory Design Associates, LLC, Miami Avenue, LLC and Dacra DesignMiami, LLC's Amended Motions for Summary Judgment, and the Court having reviewed the file, heard argument of counsel, and being otherwise fully advised in the premises, for the reasons stated at the hearing, it is hereby ORDERED AND ADJUDGED that: 1. Defendants'. Amended Motions for Summary Judgment be and the same are hereby GRANTED. 2. Summary Final Judgment is entered against Plaintiff. Defendants shall go hence without clay. DONE, ORDERED and ADJUDGED this __ day of Pcbruary, 2012. Honorable D : id C. Miller • wnn1 on7s2 1da77 r17/17/7f119 11.4.7.9f1 Pn 1 of 7 Mia-facie [.tv_ FI SC INVESTMENT HOLDINGS, LLC., a Florida limited liability company, Plaintiff, vs. THE CITY OF MIAMI, a Florida municipal corporation; MCCRORY DESIGN ASSOCIATES (DEL.) LLC, a foreign limited liability company; MIAMI AVENUE (DEL.), -LLC, a Foreign limited liability company; and DACRA DESIGNMIAMI (DEL.) LLC., a Foreign limited liability company, Defendants. TN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 11-38182 CA 06 SUMMARY FINA1„TUDGME,1 FINAL ORDERS AS TO I, PTIE SRS DISPOSITION " �=�. r? NUMBER r .; o THE COURT DISMISSES THIS CASE lt! AINST ANY PARTY NOT LISTED IN THIS FINAL' GRDER OR PREVIOUS ORDER(S). THIS CASE IS CLOSED AS TO ALL PARTIES. Judge's Irdtie TI-HIS CAUSE having come before the Court on February 14, 2012, on Defendants' Amended Motion for Summary Judgment, and the Court having reviewed the file, heard argument of counsel, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: Defendants' Amended Motion for Summary Judgment be and the same is hereby GRANTED on the ground that Plaintiff has no standing. Summary Final Judgment is entered against Plaintiff. Defendants shall go hence without day. DONE, ORDERED and ADJUDGED this 1G day of Fehr Copies Furnished to Counsel; Kent Harrison.R.obbins, Esq. Warren Bittner, Esq. Dennis Richard, Esq. .-441111111111 Honorable ',avid C. Circuit urt Judge oonn0 Dr, ,ion n9/71 /7n12 10:36:45 Pa.1 of 1 Mia-Dade Cty, FL ti u• t 43 • 3 c. c ✓ 0 Dui o c c C 0 0 ✓ E E � a m N oi! N N O. E 0 t co a v 4.0 PREPARED BY: Adam Jahnke, Esq. i-tonigmon Miller Schwartz and Cohn LLP 2290 First National Building 660 Woodward Avenue Detroit, MI48226 WHEN RECORDED REi1JRN TO: SC investment Holdings, LLC c/o Holland & Knight LLP 701 13rickell Avcnue, Suite 3000 Miami, FL 33 131 Attn: John F. Halula, Esq. Parcel ID No.: 01-3124-03 0-0190 I 111111 11111 1111111111 11111 11111 11111 1111 1111 CFI-4 201 1. R029$123 OR Bk 276B0 Pas 043? - 442; (4ogs) RECORDED 0.5/06/2011 15:25:50 DEED DOC TAX 1Br000.00 SURTAX 13,500.00 HARVEY RUVTN. CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SUBMITTED INTO THE PUBLIC RECORD FOR JTFMPLt ONjj,a ez a, Pi.s WARRANTY DEED THIS WARRANTY DEED is made and entered into as of this 5th day of May, 2011, by MAGNOLIA BEAR INC., a Florida corporation (hereinafter called the "Grantor"), whose address is 118 NE 39iStreet, Miami, FL 33137, to SC INVESTMENT HOLDINGS, LLC, a Florida limited liability company (hereinafter called the "Grantee"), whose address is c/o CMC Group, 701 Brickell Avenue,' Suite 3150, Miami, FL 33131. WITNESSETH: THAT the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, by these presents does grant bargain, sell, alien, remise, release, convey and confirm unto the Grantee all that certain land situate in Miami -Dade County, Florida and being more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). TOGETHER with -all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO BOLD the same in fee simple, forever. AND, the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Property; that the Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, and that the Property is free of all encumbrances except real property taxes accruing subsequent to December 31, 2010, rights of tenants under unrecorded leases, and restrictions, reservations, covenants tW0215 Book27680/Page439 CFN#20110298123 s c 0 0 a) c c 0 0 c 0 a) N N O items PZ.1. PZ.2 & Pz.3 on c 0 E 0 H 77. a 1 of record, if any, (i) which do not render title unmarketable or prohibit its use as officehetail space and (ii) none of which are intended to be reimposed by this conveyance. THE PROPERTY is not homestead property of any of the Grantor, nor is it contiguous with the homestead of any Grantor. [Signature on Following Page] Submitted into the public record in connection with items Pz.i, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk 2 V-2, 00216 Book27680/Page440 CFN#20110298123 Page 2 of 4 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed on the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF COUNTY OF GRANTOR: MAGNOLIA BEAR, INC, a Florida ratio B Print Name: Title: President I hereby certify that the foregoing Warranty Deed was acknowledged before me this -1.1 day of May, 2011.by Barry. Brodsky, as President of Magnolia Bear, Inc., a Florida corporation, on behalf of the corporation. He is personaj g own to me, or he has produced as identificat' Affix Notary Stamp/Seal Below: Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk 3 NO ARY £UBLIC — signa Print Name: My Commission Expires: DOUENICA CASTELLANOS �, %• Notary Pvatic • Slats of iloilda •m },1y Comm. Expires Apt 18, 2014 JTS Commission if 972476 Assn. Bonded Thmuph Niteroi V-2, 00217 Book27680/Page441 CFN#20110298123 Page 3 of 4 OR f?Y, 27680 PG 0442 LAST PAGE EXHIBIT "A" PROPERTY Lot 10, Block 2, MAGNOLIA COURT, according to the Plat thereof, as recorded in Plat Book 6, at Page 105, of the Public Records of Miami -Dade County, Florida 94393E113 STATE OF FLORIDA, COUNTY OF DADE" i HEREBY CERTIFY NI the foregoing is o frue and corn 140.r of the original on Wein this office. �; J ¢ta HARVEY RIJVIN, Clerk d C; t Quits Deputy CI - , �l,�k, l _!, L ihr Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk V-2, 00218 Book27680/Page442 CFN#20110298123 Page 4 of 4 Miami Design District Retail Street Special Area Plan Existing and Proposed Development, by Principal Use* 1. Proposed Department Stores 2. Proposed Retail 3. Existing Commercial 4. Proposed Hotel 5. Proposed Residential Above Retail 6. Proposed Garage with Retail 7. Proposed City Garage 8. Existing Live/Work 143,280 sf 318,342 sf 490,096 sf TOTAL Development SF 951,718 sf N.B. The following are calculated by unit and are not included in the above total. Proposed Hotel (#4) Proposed Residential Above Retail (#5) Proposed Residential Above City Garage (#7) 53 keys 72 units 24 units 'The above -listed program may exceed these development numbers by up to 10%, pursuant to 7.1.2 5.a.28 without returning for further review, provided this deviation works within the capacity of the studies conducted for the SAP area. Similarly. Uses indicated are Principal Uses and further mixing or reallocation of use may occur within the area as allowed by the development capacity, zoning, and lend use for the sites Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk DUANY PLATER-ZYBERK & COMPANY ARCHITECTS AND TOWN PLANNERS it Z aA ,i i1 rC U REV 05.21.12 Illustrative Master Plan A1.9 Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk Miami Design District Retail Street Special Area Plan New Building Lot Coverage/Civic Space New Building Lot Coverage Fi 1Ci0% r hi New Building Existing Building New building lot coverage west of NE 2nd Avenue will be an aggregate of 93.5% or less Each number depicted here shows likely build -out. D l .A iN V' PLA1ER-ZYBERK St CoM PA,N , AacNlr{[TS AND 1O.WN PLSSSEAS Wia l P1atx4 -Z NE42115 ST NE 41st ST NE 4015 ST NE 391h ST NE3815 ST (4/!3) 3AV 1SL 3N Proposed Civic Space 1-195 mui 1 A Open Space Civic Space Civic Space shall be 5% of total new Building Lot Area. It may be concentrated at Plazas as indicated or included in the Pedestrian Passage, Courtyard or Green Civic Space types, as defined by the Code and designed into the master plan. Open Space beyond the Crvic Space requirements may count towards Open Space requirements. REV 05.21.12 A1.10 Miami Design District Retail Street Special Area Plan Proposed and Existing Buildings 2 m Nt 38ln St KEY EXISTING BUILDINGS NEW BUILDINGS OMITTED FROM SAP BLOCKS DUANY PLATER - Z Y B E R K & COMPANY A R C R I T E C T S AND TOWN PLANN E R S Submitted into the public record in connection with items Pz.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk Sttic t P-ic4cA -21 NE 42re ST NE 4 II ST NE 4e1n El NE 191n ET NE 38tn ST Proposed Buildings/Proposed Uses by Floor Underground Parking 1 19s REV 05.21.12 0 Parking a Department Stores Retail/Commercial - Restaurants Lodging W Residential A1.11 Miami Design District Retail Street Special Area Plan Floor 1 NE 'AP ST D UA iNY PLAT ER-Z Y BE R K & COMPANY ARCHITECTS AND TOWN PLANNERS Submitted into the public record in connection with items PZ.1 PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk n�E ..ST Proposed Uses by Floor Floor 2 REV 05.21.12 Parking Department Stores - Retail/Commercial - Restaurants - Lodg;ng Residential Retail Frontage A1.12 V Submitted into the public record in connection with items PZ.1, PZ.2 & PZ.3 on 07-26-12 Priscilla A. Thompson City Clerk Miami Design District Retail Street Special Area Plan Floor 3 ' E a2,1 ST NE .42r4 ST NE 4IM ST i m 42 NE LLUAh ST i a P NE 391h=T 11111111 le NE lest Si i-19s DUANY PLATER-ZVRERK & COMPANY ARCHITECTS AND TOWN I,L A N N E R S UGizaa.r,h P1azk, -Zficv 'dE 41s1 ST NE 4C'fl i NE 29m ST Ewa NE 5614 ST Proposed Uses by Floor Floors 4 + (I�istnn:7) 3rtV GJZ T7 0 ir 195 REV 05.21.12 0 2 C _a MI f IiiiI Parking - Department Stores - Retail/Commercial Restaurants - Lodging - Mixed Use A1.13 7/26/12 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2012 The 2012 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 INTERGOVERNMENTAL PROGRAMS View Entire Chapter 163.3225 Public hearings.— (1) Before entering into, amending, or revoking a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, one of the public hearings may be held by the local planning agency. (2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. (b) The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. History.—s. 22, ch. 86-191. Copyright © 1995-2012 The Florida Legislature • Privacy Statement • Contact Us SUBMITTED iNTu PUBLIC RECORD FO: !TF .M'-pZ i ONj1j1. pZ.2 p.3 www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-019... 1/1