HomeMy WebLinkAboutApplication & Supporting DocumentsVACATION AND CLOSURE nPPucnrioN
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PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTIRIuG 29 AM 9, 5,1
444 SW 2"d Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearinq boards
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 3:00pm1 except on the fifth day, until 12:00 pm.
The application submittal date is the date stamped by Hearing Boards' staff on this paste.
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 (8Y2x11 ") 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.07-2012
MIA 18343881lvl
VACATION AND CLOSURE APPLICATION
Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information.
1 Applicant(s): iris Escarra, Esquire on behalf of National Foundation for Advancement in the Arts,
Inc., as owner
2. Description of area; - See attached Exhibit "A"
3. Copies of the Tentative Plat: One (1) 24x35'' and one (1) 81/2x11" prepared by a State of Florida
registered land surveyor.
Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 81/2x11" 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.
A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owners) 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? Approx. 3.37 acres
17. What is the purpose of this application/nature of proposed use? Closure of a 15 foot
platted alley.
Rev. 07-2012
MIA 183438811v1
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 3`d Floor for information. yes
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:
X Planning, Zoning and Appeals Board 15 mins and/or X City Commission 15 mins
21. Cost of processing according to Section 52-22 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 $2
0.00 s ape paid in the form of a certified check, cashier's check, or money order.
Signature 1 �' Address 333 Avenue of the Amercies
Name Iris Escarra
Telephone 305-579-0737 E-mail escarrai(cr7,gtlaw.com
STATE OF FLORIDA — COUNTY OF MIAMJ-DADE �
The foregoing was acknowledged before me this �fi I�,(D day of August
20 13 , by Iris Escarra
a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
Miami, Florida 33131
(Stamp) Signature
who is
Rev. 07-2012
MIA 183438811v1
VACATION AND CLOSURE APPLICATION
AFFIDAVIT OF AUTHORITY T 0 ACT
Before me this day, the undersigned personally appeared Iris Escarra, Esquire
, 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.
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, X including or 0 not including responses to day to day
staff inquires.
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.
Iris Escarra, Esquire
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAM3-DADS
Th foregoing was acknowledged before me thisie' day of p
20 i�3 , by Iris Escarra, Esquire
who is a(n) indwiduajlpartner/agenticorparation of
a(n) indivvidua�llgartnership/corporation. He/She is personalty known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) Signature
Rev. 07-20i2
MIA 183438811v1
4
VACATION AND CLOSURE APPLICATION
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) National Foundation for Advancement in the Arts, Inc. (Not for Profit
Organization)
Exhibit "B"
Percentage of Ownership See attached list of board members
Subject Property Addresses) Approx. 2100 Biscayne Blvd
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):
None
1C` 4vR
i
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAM1-DADE
The foregoing was acknowledged before me this (,) L " day of GLislyk.ms
20 13 , by -- Cam► t*sU -t.
who is a(n) individ I/partner/agent/corporation of -raft J .� i'.'.- 4. a(n)
individua[/partnership/corporation. He/She iseVersonallyknown o mejbr wta has produced
as identification and who did did not) take an oath.
(Stamp) Signature
r'' DONNA LAN€ CREASMAN-DOWNEY
* MY COMMISSION C EE OS5153
EXPIRES: August 19, 2015
xor Fio¢`O Bonded Thu Budget Gulag Serurces
Rev. 07-2012
MIA 183363936v1
5
SKETCH AND LEGAL DESCRIPTION
15 FOOT PRIVATE ALLEY TO BE CLOSED AND VACATED
N.E. 22nd. STREET
(COLORADO AVENUE, PB. 2, PG. 31)
r__i7P1 BLOCK 9 TI 7
I03
Lc)
I I Edge Water (Plat Book 2,, Pagel 31) 1 1 1 1 z
"' I Lot 111 Lot 101 Lot 91 Lot 8 Lot 7' Lot 51 Lot 5 1 Lot 41 Lot 3 1 Lot 2 LJ L,
I SOUTH LINE BLOCK 9 I I '- � k
Q 1 ? 1 NORTH LINE, BLOCK 1 t o 4
1 I ect� i m
z a 15 FOOT PRIVATE ALLEYCn
W I I I I CI y
I Lot 14 Lot 13 I Lot 12 Lot 11 Lot 10 I Lot 9 1 Lot 8 czi a g
LOCK 1 `—'
Bayonne S'ub 'ivision �P1at Book 2, Pagle 35) I r a
L 4R-7W 1 L 1 1 1 1 _ U'
N.E. 21st. STREET
(BAYONNE PLACE, PB, 2, PG. 35)
1:xhihi1
LEGEND:
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
R /W DENOTES RIGHT—OF—WAY
THE NORTH 15 FEET OF BLOCK 1, BAYONNE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 2, PAGE 35, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, LYING WESTERLY
OF THE WEST RIGHT—OF—WAY LINE OF BISCAYNE BOULEVARD AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP OF STATE ROAD No.5, SECTION 87030, SHEET 2 OF 10, AND LESS
THE WESTERLY 10 FEET THEREOF FOR ME 2nd AVENUE.
LYING AND BEING IN SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI—DADE
COUNTY FLORIDA.
NOTES:
1) ORDERED BY.: NATIONAL FOUNDATION FOR ADVANCEMENT IN THE ARTS, INC.
2) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR.
3) PROPERTY AS DESCRIBED HEREON CONTAINS 7,552 SOUARE FEET, MORE OR LESS.
SCALE 1"�100' SHEET 1 OF 1 SHEETS
c icaT )(E- itiJ. th 14.0eiatEff-, faze.
LAND SURVEYORS -ENGINEERS -LAND PLANNERS 3240 CORPORATE WAY-M1RAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (958-3288
ORDER NO 201732 PREP ; i DER MY SU
DATE: AUGUST 14, 2013
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STTVEN JOHNSON, SEC'Y & TREAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
REVISIONS
K:\305342\BACARDI-CITY OF MIAMI DATUM1Legalsldwg115 Foot Private Alley to be Vacated.dwg
NATIONAL
YOUNGARTS
Ida FOUNDATION
MEMBERS OF THE BOARD OF TRUSTEES
Lin Arison Max Schneider
Sarah S. Arison Marc Sheridan, Chair
Facundo Bacardi Richard S. Wagman
Patty Carroll Maurice Zarmati
Exhibit "B"
Armando M. Codina Paul T. Lehr, President & CEO
National YoungArts Foundation
Linda Coll
Meryl Comer
Hugh S. (Beau) Cummins, III
Justin DiCioccio
Agnes Gund
John R. Henry
Harry M. Hersh
John J. GJeff) Kauffman
Richard Kohan
Dr. Ronald C. McCurdy
Sandra Muss
John J. (Jack) O'Neil
Dr. Eduardo.). Padrvn
Christy Powell
Desmond Richardson
OPINION OF TITLE
To: CITY OF MIAMI, FLORIDA, a municipal corporation
With the understanding that this opinion of title is furnished to CITY OF MIAMI,
FLORIDA, a municipal corporation, as an inducement for approval of the closure of the private
alley located between Block 9, Edgewater Plat Book 2, Page 31 and Block 1, Bayonne
Subdivision, Plat Book 2, Page 35. It is hereby certified that we have examined Fidelity
National Title Insurance Company Owner's Policy Number FL0306-82-3813695, together with
Fidelity National Insurance Company's Title Information Bringdown (collectively, the "Title
Evidence"), which title information covers the period from the BEGINNING through August 5,
2013 at 11:00 p.m., inclusive, with respect to the Property described on Exhibit A attached
hereto and made a part hereof.
Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of
the opinion that on the last mentioned date, the fee simple title to the Property was vested in:
National Foundation for Advancement in the Arts, Inc., a Florida not -for -profit
corporation
Subject to the following liens, encumbrances, and other exceptions:
1. RECORDED MORTGAGES:
NONE
2. RECORDED MECHANICS LIENS, CONTRACT LIENS AND JUDGMENTS:
NONE
3. GENERAL EXCEPTIONS:
(a) All taxes or assessments for the year 2013 and all subsequent years.
(b) Rights of parties in possession other than the above owner.
(c) Facts that would be disclosed by an accurate survey of the Property.
(d) Any unrecorded laborer's, mechanics' or materialmens' liens and municipal liens.
(e) Zoning and other restrictions imposed by governmental authority.
Opinion of Title
National Foundation for Advancement in the Arts, Inc.
1
MIA 183453522v1
(t) Any adverse claim to any portion of said land which has been created by artificial.
means or has accreted to any such portion so created and riparian rights, if any.
4. SPECIAL EXCEPTIONS:
(a) Restrictions and dedications as contained on the Plat of EDGEWATER, recorded in Plat
Book 2, Page 31, of the Public Records of Miami -Dade County, Florida,
(b) Restrictions and dedications as contained on the Plat of BAYONNE SUBDIVISION,
recorded in Plat Book 2, Page 35, of the Public Records of Miami -Dade County, Florida.
(c) Right of Way Easement in favor of Southern Bell Telephone and Telegraph Company
recorded July 25, 1988 in Official Records Book 13758, Page 1848.
(d) Declaration of Restrictive Covenants recorded July 13, 2011 in Official Records Book
27754, Page 3724.
(e) Declaration of Restrictive Covenants recorded October 14, 2012 in Official Records
Book 28299, Page 4851.
All of the recording information contained herein refers to the Public Records of Miami -
Dade County, Florida.
5. REVERSIONARY RIGHTS: With respect to the reversionary rights for the right-
of-way portion of the Property to be closed and vacated, as more particularly described in
Exhibit "B" attached hereto and incorporated herein ("Alleys"), we have examined the Florida
Statute and have determined that Section I77.085 of the Florida Statutes ("Statute") reads as
follows:
"When any owner of land subdivides the land and dedicates streets, other roadways,
alleys or similar strips on the map or plat, and the dedication contains a provision that the
reversionary interest in the street, roadway, alley or other similar strip is reserved unto the
dedicator or his heirs, successors, assigns, or legal representative, or similar language, and
thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in
the abutting street to the center line or other appropriate boundary, unless the owner clearly
provides otherwise in the conveyance. (emphasis added)"
Based upon the presumption that proper and appropriate steps have been taken to close
the Alley, the presumption that none of the deeds in the chain of title of the abutting land
contained a personal reversionary interest in the abutting streets, and further presumption that
none of the plats as described in Exhibit "A" contained a personal reversionary interest, or
required the joinder of any other parties, it is our opinion that by virtue of the conditions set forth
in the Statute, that that the Alleys have become the property of the abutting land owners to the
Opinion of Title
National Foundation for Advancement in the Arts, Inc.
2
MIA 183453522v 1
South. Since the same owners own all lots and the abutting land, that ownership by virtue of the
closing of the Alley adjoining the respective land, has placed title to the Alleys in the abutting
land owners, National Foundation for Advancement in the Arts, Inc.; further, since the Property
encompasses the Alley, it is our opinion that fee simple ownership of the Alley, upon proper
vacation, shall revert to the existing titleholder of the Property, National Foundation for
Advancement in the Arts, Inc.
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in
the State of Florida, and am a member in good standing of the Florida Bar.
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this,: day of August, 2013 by
Ili K .e_Li twho is personally known to me and did take an oath.
Respectfully submitted this
28°t day of August, 2013
GR.EENB RG TRAURIG, P.A.
By
ene K. Kobert, Esq.
Address: 333 Avenue of the Americas
Miami, Florida 33131
Telephone: (305) 579-7978
Print Name
Notary Public, Sta
Commission No.
My Commission
Opinion of Title
National Foundation for Advancement in the Arts. Inc.
3
"1:4111—
• 4;'p �Pw ,,�� MAR15Dl RDDR10UE2
1_\1t7� i Notary Public - State of Florida
My Comm. Expires Sep 27, 2014
e f F% d• '. Commission # EE 30092
MIA 783453522v/
Exhibit A
The West 15 feet of Lot 1 and all of Lots 2, 3, 4, 5, 6, 7, 8, and 9, Block 9, EDGEWATER,
according to the Plat thereof, as recorded in Plat Book 2, Page 31, and the West 30 feet of Lot 7
and all of Lots 8, 9, 10, 11, 12, 13, and 14, BAYONNE SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2, Page 35, all of the Public Records of Miarni-Dade County,
Florida,
Opinion antic
National Foundation For Advancement in the Arts, Inc.
4
MIA 183453522v1
SKETCH AND LEGAL DESCRIPTION
15 FOOT PRIVATE ALLEY TO BE CLOSED AND VACATED
N.E. 22nd. STREET
(COLORADO AVENUE, PE. 2, PC. 31)
ICI IBLOCI 9 1 I7 T
{ EdgeBookPage9 .� o06
LLT
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Z
CaLea
i I I I ! I15 `f' d
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cy z `� a Wpm 15 F6OT PRIVATE ALLEY
I
Lii I` o I 1
Lot 14 Lot 13 Lot 12 Lot 11 1 Lot 10 Lot 9 . Lot 8
BLOCK 1: 1 1
Bayonne Sabrivision (Plot Bo4 2, Page 35)
L. ______ __R_ANL L C 1 t
N.E. 21sf. STREET
(BA YONNE PLACE, PB. 2, PG. 35)
1 Lot 1 11Lot 101 Lot 91 Lot 8 1 Lot 71 Lot 51 Lot 5 1 Lot 4 I Lot 3 1 Lot 2 W
LL' 10' I 1 SOUTH LJNN BLOCK 9
NORTH LINE, BLOC'C 1ec
QILLA
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LEGEND.-
P.B. DENOTES PLOT BOOK
PG. DENOTES PAGE
R/1W DENOTES RIGHT-OF-WAY
THE NORTH 15 FEET OF BLOCK 1, BAYONNE SUBDIVISION, ACCORDING TO THE PLOT THEREOF, AS RECORDED
IN PLAT BOOK 2, PAGE 35, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WESTERLY
OF THE WEST RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP OF STATE ROAD No.5, SECTION 87030, SHEET 2 OF 10, AND LESS
THE WESTERLY 10 FEET THEREOF FOR N.E. 2nd AVENUE
LYING AND BEING IN SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, GITY OF MIAMI, MIAMI-DADE
COUNTY, FLORIDA.
NOTES:
1) ORDERED BY: NATIONAL FOUNDATION FOR ADVANCEMENT IN THE ARTS, INC.
2) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR.
.3) PROPERTY AS DESCRIBED HEREON CONTAINS 7,552 SQUARE FEET, MORE OR LESS.
SCALE I "-100'
SHEET 1 OF 1 SHEETS
GC CI4ja7ESICE- 3ZZAZI: Z
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 F iJa. (954)438-3288
ORDER No, 201732 PREPARED UNL7 Y SUPERVISIO
DATE: AUGUST 1 4, 2013
THIS IS NOT A " BOUNDARY SURVEY" `"-BARK STEV UFiNSE1i1 SEC'Y
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
REVISIONS
10,3053421BACARDL-CttY OF lvvlAMi DATUM 1Legalsldwg115 Foot Private Ailey to be Vacated.dwg
To: Joe Gutierrez Page 3 of 4
2013-08-22 11:09.11 EDT
13059615318 Frorn: Mari& Rodriguez
CITY O1 MIAMY
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT:OR WITII-IOLD,OMIEC.TI,DN
The (:ily of Miami requires tiny person or entity requesting approval relief or other action from the City Commission or any of it
boards, authorities, ugcneies, councils or committees, to disclose at the cummencemant (or continuance) oi'the hearing{;e) cm the
issue. any consideration provided or committed, directly or on its behalf, to any entity or person fur au agreement to support or
withhold objection to the requested approval. relief or action. "Consideration" Includes any gill, payment, contribution, donation, fsw,
commission, promise or gruel of any money, property, 5nrvice, credit or financial assistance of any j:ind •or value, whether direct or
implied, or any promise or agreement to provide any o1'the foregoing in the future.
Individuals retained or employed by a principal tis a lobbyist as defined in See, 2-653, and appearing before the City Commission or
any of its boards, authorities. agenelas, ouricils or committees solely.. in the capacity, a alobbyist at d not as the applicant c1r owners'
legal representative are trot required to fill out this form.
• N. ML.
irrri.Thsme) MAIM)
11Oh+1.ks.A1)i"iltE SS: 2 l D o A, f.,r[ Cr 1;46
• (Andreas L.Ine 1)
(LOSE Flame)
•
l loME 30 3 7)-11't)
EMAIL:
(Address Lino 2)
•STATE:
)~ iorida
ZIP: 3 313 7
C E1.1,11-IUNI:: 7,64'' y 3$ - GIf r .itA): 705. 7 4 -3 7o5
J9t, ft ey /A 1ri3'orf
pussNESS. ur APPLICANT Car 1:N F iT y' NAME
National Foundation for Advancement in L.hs Arts, Inc,
BUSINESS ADDRE S:
23.00 Biscayne Blvd
(AdCreas awl)
Miami, Florida 3314
(MUMS S Una 2)
1. Pletue describe the issue for which you sire seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Approval of street closure for 7.5 fora: private alley.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or Demon for anagreement to
sownor withhold objection to the requested approval, relief or action?
YES [sill NC)'
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acicnowletigment. 'lf
your answer to Question 2 Is Yes, please answer questions 3, 4 & S and react and ayeentc the Acknowledgement,
To: Joe Gutierrez Page 4 of 4
2013-08-2211:09:11 EDT
13059615318 From: Merisol Rodriguez
3. Piearse fsaoviiie else• croon) xtillress arrel pliant rrunrl,er ur'.0/as pe,bun(s) etr kittit'td to whom consideration has hero provided
or committed. .
Tame. Address - Phoneri
.u, n/a
h.
c
Additiomil nrnnm can bc.p]aced on n sop irsl(: pu 'Machad to this !OM,
4, Pieutit 1105cribk. the outure of the consideration,
rii,n
5. Describe What is being requested in cxchangc for the consideration. .
nla
ACr{NOWL.i I/GliNFI.NT OF
► hereby acknowledge dial it is unlawful to employ any device, scheme
Ordinance 12918 and curb circumvention shall be deemed n violation
or civil peouitics tliaat easy be Imposed ender the City Cade, Upon determination
disclosure requirement wits not fully and timely satisfied the foiiowingmay
1. the nppiicuti0u or order, as applicable, shall he
effect; and
2, .no application front any person or entity far
.considered by the applicable board(s) until. expiration
nullification of the application'or or
PERSON S4,ii'srv],fi'TY'NQ D1$CLQS3iRiis
COMPLIANCE
or artifice to circumvent the -disclosure requirements of
of the Ordinance; And that in addition to the criminal
by the City Commission that -the foregoing
occur:
deemed void without further force or
the same issue shall be reviewed or
oaf-h period of one year after the
-t fe u
4, t1?
leg. Nance
Sworn to and subscribed het re ,era this , uv taf
, 20113 '1'hc'foregoing
ail. .. who ha produced . ,.
*nowt err ma and who t/itiqid not take an path.
instrument was avictiosvl/Jged hat/are rase by
_ ass rtic rat f ctltion al r• fs /x r 3'tinfly
• S'FATE OF FLORIDA
CITY OP MIAMI C.1.-,
G-+-rev.-,e„-..
. .
MY COMMlfiS ON
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THIS INSTRUMENT WAS PREPARED BY:
Thomas V, Eagan, Esq.
Squire Sanders (US) LLP
200 South Biscayne Boulevard, Suite 4100
Miami, Florida 33131-2398
Fax Folio Nos_ 01-3230-031-0040, 01-3230-031-0050,
01-3230-031-0060, 01-3230-031-0070, 01-3230-031-0080,
01-3230-031-0090, 013230-026-0570,01-3230.026-0590,
01-3230-026-0600,01-3230-026-0610,01-3230-026-0620,
01-3230-026-0630,01-3230-026-0640
SPECIAL WARRANTY DEED
CFN 2012R0707'S99
OR Bk 28299 P9r; 489E - 4902; (Svas)
RECORDED 10/04/2012 1i0=59=47
DEED DOC TAX 60, 000. 000
SURTAX 45,+000.00
HARVEY ROVIH, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
THIS SPECIAL WARRANTY DEED made as of the 28th day of September, 2012 by
BACARDI U.S.A., INC., a Delaware corporation ("Grantor") having a mailing address at 2701
LeJeune Road, Coral Gables, Florida 33134 and NATIONAL FOUNDATION FOR
ADVANCEMENT IN THE ARTS, INC,, a Florida not -for -profit corporation ("Grantee") having
a mailing address at 777 Brickell Avenue, Suite 370, Miami, Florida 33131.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their heirs, legal representatives, successors and assigns. "Grantor" and
"Grantee" are used for singular and plural, as the context requires and the use of any gender shall
include all genders.)
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 adequacy of which is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee,
all that certain land situate in Miami -Dade County, Florida and more particularly described on
Exhibit "A" attached hereto and made a part hereof (the "Property"), subject to the rights and
obligations of the Grantor and the Grantee in connection with certain Non -Stranded
Development Rights as defined and set forth in that certain Purchase and Sale Agreement entered
into by and between Grantor and Grantee and dated June 13, 2012, and saving and reserving onto
Grantor, its successors or assigns, all of the rights, title and interest in and to the stranded
development rights for that portion of the Property designated as historic, as more particularly
described on Exhibit "C" attached hereto and made a part hereof (the "Stranded Development
Rights").
SUBJECT TO THE FOLLOWING:
1, Real Property Taxes for the year 2012 and subsequent years that are not yet due
and payable.
2. Conditions, restrictions, limitations, easements, dedications, agreements,
reservations and other matters of record; provided, however, that the foregoing shall not serve to
impose or re -impose same.
3. Laws, zoning laws, regulations and/or ordinances affecting the Property.
M1AMU4282029.9
Book28299/Page4898 CFN#20120707599
-5Y
Page 1 of 5
4. All matters set forth in Exhibit "B" attached hereto and made a part hereof
(collectively, the "Permitted Encumbrances") without re -imposing same.
Together with any right, title and interest that Grantor may have in land lying in the bed
of any street or roadway, opened or proposed, which is adjacent to the Property, any strips or
gores adjoining the Property, and all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining to the Property.
To Have and to Hold, the same in fee simple forever.
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 claiming by, through or under Grantor, but against
none other, subject to the matters set forth above.
IN WITNESS WHEREOF, the Grantor has executed this Special Warranty peed on the
date and year first above written.
GRANTOR:
Signed, seal and delivered
in the pr Bence + f: BACARDI U.S.A., Inc., a Delaware
corporation
J.._1
By:
Name: Frederick J. Wilson III
Title: Sr. Vice President
(Seal)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 28th day of September, 2012, by
Frederick J. Wilson III, the Sr. Vice President of Bacardi U.S.A., Inc., a Delaware corporation, on behalf
of said corporation. She/he (check one)( X ) is personal known to me or ( ) has produced a valid
driver's license as identification.
V1 Notary Pulik Shia *F Florida
Jeanne Fueines Lerez
Mr Commrs. EE 2 il3r3
R €�i� n7r2V t1c
MIAMI/4282029.9
Notary Pub i +, Stat+f
Name: ,} eClruie. (tent Loj3-eZ
My Commission Expires `71 .2,9-/ r{a
My Commission Number is: EE l g 3 13
(NOTARY PUBLIC SEAL)
Book28299/Page4899 CFN#20120707599 Page 2 of 5
EXHIBIT A
LEGAL DESCRIPTION
The west 30 feet of Lot 7 and all of Lots 8, 9, 10, 11, 12, 13 and 14, in Block 1 of "Bayonne"
Subdivision, according to the Plat thereof, recorded in Plat Book 2, Page 35 of the Public
Records of Miami -Dade County, Florida.
AND
The west 15 feet of Lot 1 and all of Lots 2, 3, 4, 5, 6, 7, 8 and 9, Block 9. of
"Edgewater" Subdivision, according to Plat Book 2, Page 31 of the Public Records of Miami -
Dade County, Florida.
MTAM[142g2029,9
Book28299/Page4900 CFN#20120707599 Page 3 of 5
EXHIBIT B
PERMITTED ENCUMBRANCES
1. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of
EDGEWATER, recorded in Plat Book 2, Page 31, of Public Records of Miami -Dade County,
Florida.
2. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of
BAYONNE SUBDIVISION, recorded in Plat Book 2, Page 35, of the Public Records of Miami -
Dade County, Florida.
3. Right of Way Easement in favor of Southern Bell Telephone and Telegraph Company recorded
July 25, 1988 in Official Records Book 13758, Page 1848, of the Public Records of Miami -Dade
County, Florida.
4. Declaration of Restrictive Covenants recorded July 13, 2011 in Official Records Book 27754,
Page 3724, of the Public Records of Miami -Dade County, Florida.
Gcittoer
5. Declaration of Covenants and Restrictions recorded er I+ d, 2012 in Official Records
Book2 '21'I, Page 4S1, of the Public Records of Miami -Dade County, Florida.
MIAMI/4282029,9
Book28299/Page49O1 CFN#20120707599 Page 4 of 5
OR E:K 28299 PG 4902
LAST PAGE
EXHIBIT C
1, The `Blue and White Tower" and the "Jewel Box" buildings have been designated as
historic and are located on a portion of the Property more particularly described below (the
"Historic Property"):
A portion of Lots 7, 8, 9, 10, 11 and 12, lying west of the existing westerly right-of-way
line of Biscayne Boulevard, ail in Block 1 of `Bayonne Subdivision" according to the plat
thereof, as recorded in Plat Book 2, at Page 35 of the Public Records of Miami -Dade County,
Florida, more particularly described as follows:
Beginning at the point of intersection of the westerly right-of-way line of Biscayne
Boulevard with the north right-of-way line of NE 21st Street; thence South 89° 59' 02" West
along the north right-of-way line of said NE 21st Street for 339.78 feet to a point of intersection
with the west face of an existing C.B.S. wall running north -south; thence North 00' 02' 58" West
departing the previously described right-of-way line and along the west face of said wall, for
136.95 feet to a point of intersection with the north face of an existing C.B.S. wall running east -
west; thence North 89° 58' 02" East along the previously described north face of said wall and
its easterly extension, for 342.59 feet to the point of intersection with the westerly right-of-way
line of Biscayne Boulevard, thence South 01' 07' 30" West, along the previously described
right-of-way line, for 137,07 feet to the Point of Beginning.
Containing 46,741 square feet more or less or 1.07 acres.
2. The City Code of Ordinances for the City of Miami allows for the transfer of stranded
development rights associated with the Historic Property (i.e., the development rights associated
with the Historic Property, less the square footage of the improvements already constructed
thereon) (the "Stranded Development Rights"). The development rights for the Historic Property
are calculated by multiplying 46,741 square feet (the square footage for the Historic Property)
times the FLR of 12 to arrive at 560,892 square feet of development rights. The 78,496 square
feet of improvements already constructed on the Historic Property are subtracted from the
development rights for the Historic Property, leaving a difference of 482,396 square feet as the
Stranded Development Rights (the amount of said square footage is subject to confirmation by
the City of Miami).
NILVIV4232029.9 2
Book28299/Page4902 CFN#20120707599 Page 5 of 5
YOUNG ART FOUNDATION
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