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Application & Supporting Documents
ID BERcoW RADELL & FERNAN DEZ Zc r-iii , NJ ID LI ANb Ehi i11=1C3 MENTAL LAW Direct. 305-377-6235 E-Mail: BFernandez BRZoningLaw.com VIA HAND DELIVERY August 28, 2013 Mr, Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2I,st Avenue, 3rd Floor Miami, FL 33130 Re: The Cushman School - Right -of -Way Vacation Application 551, 567, 577, 592, 593 NE 60th Street, 6000 Biscayne Boulevard, 6021 NE 5th Avenue, 5984 NE 5th Court, Miami, Florida This law firm represents The Cushman School in relation to the referenced application. The applicant is requesting the vacation of all of the NE 615t Street and most of the NE 5th Court right-of-way that runs through the school's campus. The proposed vacation was unanimously recommended for approval by the Plat and Street Committee on June 6, 2013 (see Plat and Street letter). This letter shall serve as the applicant's letter of intent in support of the enclosed application. Also enclosed is a copy of the proposed tentative plat of the Property for your review. The school proposes to maintain the segment of right-of-way to be vacated available to emergency vehicles as an easement. The easement area is identified on the tentative plat and is to be controlled by gates that will be accessible at all times to emergency vehicles, The vacation of the right-of-way is being requested in order that the school may be able to control access of vehicles and pedestrians into the school property. In this way campus safety will be improved, as will traffic circulation in the neighborhood. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • M€AMI` FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.5222 • WWW.BRZONINGLAW.COM Mr. Anei Rodriguez August 28, 2013 Page 2 For all of the foregoing reasons, we respectfully request the Planning Department's recommendation in support of this application. Thank you for your attention to this matter, BF/b] Enclosure Sin 1 Ben Fernandez BERCOW RADELL L FERNAN DEZ c J1NG, L^Pi 1u LiSE ANG E 'NJ +J i Fa CSN M EN TAL LAW VACATION AND CLOSURE APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS(S ,(2`IOrini 3: 15 444 SW 2nd Avenue, 3fd Floor • Miami, Florida 33130 * Telephone 305-416-2030 14- www.miamiqov.com/hearing boards .rue lip l3— j0,f,("5C 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. a< < f'—.2ciI3 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of The Cushman School, Inc., a not -for profit corporation 2. Description of area: 28,351 square feet 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8'/2x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x361'; b) Two (2) 11 x17'', and c) One (1) 8'%xl l" 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'/7x11" 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? ±0.65 Acres 17, What is the purpose of this application/nature of proposed use? To close a public street running through the school. Its {i API 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 3fd Ftoor for information. No. 20 What would be the anticipated duration of the presentation in front of the: r] Panning. Zoning and Appeals Board 20 minutes and/or 0 City Commission 20 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,CQ9Q0, shall be paid in the form of a certified check, cashier's check, or money order. Signature ' Address 200 S. Biscayne Blvd.. # 850 Name Ben Fernandez, Esq. Miami, FL 33131 Telephone 305-377-6235 E-mail BFernandez@BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this t day of August, 2013, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (dJ not).take an oath. (Stamp) tE rrr L.EHENA MY COMMISSION A pD 660413 EXPOES: 14arciti S, 2014 Wu*/ tin Nato), Puelic Undmari6ers Siginature 11r At 2011 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esci., 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 fulf 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 0 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. Ben Fernandez Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA .... COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this _ day of August. 2013, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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. (Stamp) r EE1TY LLERENA FAY GOWAS5iaN A DD v€0413 EXPIRES: Mii'1 4, 2014 BonedThm Notary P i Fie tlndenvriters 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) The Cushman School, Inc., a not for profit corporation Percentage of Ownership Board of Directors: Victor Napoli, Chair, F.J. Pollak Maria Junquera Browne, Sara Colombo, George Lindemann, Arin Maercks, Martha Anne Collins, John Kunkel, Todd Snyder, Nina Easse-Feliz, Kim Kovel, Jorge Nalera Subject Property Address(es) 551, 567, 577, 592, 593 NE 60th Street, 6000 Biscayne Boulevard, 6021 NE 5th Avenue, 5984 NE 5" Court, Miami, FL 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): N/A Ben Fernandez Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE N/A LW Ow er(s) or Attorney Siature The foregoing was acknowledged before me this day of August, 2013, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (Stamp) BETTY LLERENA MY CDMM SS(ON i DD 1160413 EXPIKS: M Kti i, 2014 aoudad Thnu Notary Public Underwriters kcANMAN jr, a T The Cushman School Board of Trustees Victor Napoli -Chair Maria ]unguera-Browne F] Pollak Kim Kovel Martha Anne Collins George Lindemann John Kunkel Lina Eusse-Feliz Todd Snyder Sara Colombo Arin Maercks Doug Jones Northeast 60th Sfreel • 1.aor<7 + ' y } r, Frlrt 4::irr .Ir • Mrmii. Florida 33137 i .f!'lirl Ctff ic.r :A05,7'i7.19 .6 I Frp. k).`;.?S%.gib;='.' .... •. .irrntnsc hod ,org OPINION OF TITLE TO: CITY OF MIAMI I understand that this Opinion of title is being furnished to the City of Miami, in compliance with certain right-of-way vacation requirements, and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. In delivering this Opinion of Title, I have examined and relied on the following documentation (collectively, the "Title Documents"): (1) First American Title Insurance Company's Owner's Policy No. 5011412- 0048326e, with an effective date of May 29, 2012, First American Title Insurance Company's Owner's Policy No. 5011412-0045152e, with an effective date of June 2, 2012, together with title search updates covering the period of time from May 29, 2012 through June 11, 2013 at 6:00 AM; (2) Chicago Title Insurance Company's Owner's Policy No. 7430609-88334058, with an effective date of February 25, 2013, together with title search update covering the period of time from February 25, 2013 at 6:00 AM, through Junel 1, 2013 at 6:00 AM; (3) Chicago Title Insurance Company's Owner's Policy No. 7430609-89167228, with an effective date of May 22, 2013 at 11:38:53 AM, together with title search updates covering the period from May 22, 2013, through June 17, 2013 at 6:00 AM; and (4) the legal description and sketch prepared and certified by South Peninsula Surveying, Corp., a Florida corporation, as set forth on Exhibit A, attached hereto and made a part hereof (the "Property"), inclusive, which policies, updates and legal description cover the property described on Exhibit A. Based on my examination of the Title Documents: I AM OF THE OPINION that on the last effective date of each title policy described above, the fee simple title to the Property was vested in: The Cushman School, Inc., a Florida not for profit corporation ("Cushman") I AM FURTHER OF THE OPINION that Cushman is the owner of the only properties abutting the road to be vacated; therefore, Cushman is the owner of all reversionary interests related to the right-of-way described on Exhibit B attached hereto and made a part hereof. Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: Mortgage and Security Agreement from Cushman to TD Bank, N.A., dated May 24, 2011, recorded June 2, 2011, Book 27707, Page 3402,; Assignment of Leases and Rents recorded June 2, 2011 in Book 27707, Page 3448; Assignment of Agreements Affecting Real Estate recorded June 2, 2011 in book 27707, Page 3468 and UCC-1 Financing Statement recorded June 2, 2011 in Book 27077, Page 3483 Mortgage Modification Agreement from Cushman to TD Bank, N.A., dated April 26, 2012, recorded May 29, 2012, recorded in Book 28126, Page 3410; and UCC-3 Amendment recorded in Book 28126, Page 3429„ which amends that certain UCC-1 Financing Statement recorded in Book 27707, Page 3483 2. TITLE EXCEPTIONS Standard Exceptions Easements, claims of easements, boundary line disputes, overlaps, encroachments or other matters not shown by the public records which would be disclosed by an accurate survey of the Property. Rights or claims of parties in possession not shown by the public records. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records Taxes or assessments which are not shown as existing liens in the public records Special Exceptions: Restrictions, dedications, conditions, reservations, easements and other matters shown on the Plat of CUSHMAN SCHOOL, as recorded in Plat Book 160, Page 36, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) Restrictions, dedications, conditions, reservation, easements and other matters shown on the REVISED PLAT SHOWING BLOCKS 4 & 6, TRACTS C & E OF BAY SHORE, recorded in Plat Book 9, Page 60, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) Restrictions, dedications, conditions, reservation, easements and other matters shown on the Plat of WHITE'S SUBDIVISION OF LEMON CITY, recorded in Plat Book "B", Page 32, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) Restrictions, covenants, conditions, easements and other matters contained on the Plat of BAY SHORE SUBDIVISION, recorded in Plat Book 5, Page 116 2 Restrictions, covenants, conditions, easement and other matters contained on the Plat of REVISED PLAT OF BAY SHORE, recorded in Plat Book 9, Page 60 Easement rights created in Deeds recorded in Deed Book 425, Page 34; Deed Book 515, Page 216; and Deed Book 561, Page 253; Deed Book 513, Page 339; and Deed Book 405, Page 428; Deed Book 412, Page 173; Deed Book 526, Page 339; Deed Book 534, Page 33; and Deed Book 631, Page 217. Easement granted to Florida Power & Light company by instrument recorded in Deed book 1238, Page 44 Easement granted to Bell South Telecommunications, Inc., by instrument recorded in Book 15701, Page 3103 Easement granted (to lay and maintain a sanitary sewer and to lay and maintain a storm sewer) by instrument recorded in Book 1213, Page 576 and Book 1178, Page 96 Declaration of Restrictive Covenants in favor of the City of Miami, Florida recorded in Book 15052, Page 3373 and book 15168, Page 4342 Resolution ZB 2001-0453 recorded in Book 19897, Page 584 Rights of the public, City of Miami, Miami -Dade County and any public utility company holding a franchise Resolution No.: 2002-0544 recorded in Book 20667, Page 3261 Bell South Facilities Easement recorded in Book 21097, Page 877 Agreement for Water and Sanitary Sewage Facilities recorded in Book 21227, Page 759 Unity of Title recorded in Book 21449, Page 1357 Easement granted to Florida Power & Light Company by instrument recorded in Book 22314, Page 1791 Easement granted to Bell South Telecommunications, Inc. By instrument recorded in Book 23389, Page 3649 Covenant To Run With The Land recorded in Book 24083, Page 3652 Assignment of Rights recorded in Deed Book 2075, Page 72 3 Deed to City of Miami recorded in Deed Book 3615, Page 309 City of Miami Notice of Violation - Pending Lien in Book 28200, Page 4735 Taxes and assessments for the year 2013 and subsequent years, which are not yet due and payable; any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land; any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the Property; and rights of tenants occupying all or part of the Property under unrecorded leases or rental agreements NOTE: All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida. Any reference herein to a Book and Page is a reference to the Official. Record Books of Miami -Dade County, Florida. THEREFORE, I AM FURTHER OF THE OPINION that, if the City of Miami also requires the mortgagee of the Property to join in the agreement, the following parties must join in the agreement in order to make the agreement valid and binding on the lands described therein. Name Interest The Cushman School, Inc., a Florida not for profit corporation Owner in fee simple TD Bank, N.A. Mortgagee I AM ALSO OF THE OPINION that the legal description of the Property contained in this Opinion of Title and set forth on Exhibit A attached hereto coincides with, and is the same as, the legal description in the proffered, recordable document. 1, 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 28t' day of.lune, 2013. Ellen A. Feinberg Florida Bar No. 353620 12550 Biscayne Boulevard Suite 800 North Miami, FL 33181 4 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this (9' day of June, 2013, by Ellen A. Feinberg, who is personally known to me. My Commission expires: )ss ) 5 ublic Print Name t pRY P� r° ; 8;rfl JAN 5ICRE MY COMMISSION II DD S777O2 EXPIAES: May 13, 2014 rrF `O Bonded itwu Budget Notary+ Swoon EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SKETCH TO ACCOMPANY LEGAL DESCRIPTION: A PORTION OF SECTION i 8, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF M1AMl, MIAMI-DADE COUNTY, FLORIDA WHITES SUBDIVISION OF LEMON CITY PB-B, PG-32 & PH-B, PG-33 CITY OF MIAMI PROPERTY N.E. 60th ST. 10 14 N.E. 61 st ST. 5 1 THE ATTACHED LEGAL DESCRIPTION I5 THE SAME AS THE LEGAL DESCRIPTIONS SET FORTH IN FIRST AMERICAN TITLE POLICES NO. 5011412-0048326E AND NO. 5011412-0045152E, LESS AND EXCEPT THOSE PROPERTIES, OWNED BY THE CUSHMAN SCHOOL, INC., A FLORIDA NOT FOR PROFIT CORPORATION, THAT ABUT N. E. 61STSTREET, BETWEEN BISCAYNE BOULEVARD AND NE 5TH AVENUE, MIAMI, FL 33137 CERTIFIED TO: 1. THE CUSHMAN SCHOOL. INC.. A FLORIDA CORPORATION. 2. ELLEN A, FEINBERG• ESQ., ATTOIRNCY AT I AVd DATE: 07-01-13 THIS IS NOT A BOUNDARY SURVEY AUTHENTIC COPIES OF THIS SURVEY SHALL BEAR THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. SAT AGO IDOMINGUEZ PRESIDENT I �PROFES NA S»RV I! ■ , j S# 669 STAT 00LR';•. 1 if PER THIS SHEET NOT VALID WITHOUT THE OTHERS DATE: 06-24-13 SCALE: 1"-150' JOB ORDER: 135887 CARD: CUSHMAN COVER... DRAWN BY: A.P. F.B./ PG.: N/A FILE NO: 1293 SHEET: 1 OF 4 SOUTH PENINSULA SURVEYING, CORP. LB No. 7583 LAND DEVELOPMENT CONSULTANTS 12 SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 1799 N_E. 164th STREET. SUITE 105 NORTH MIAMI BEACH. FLORIDA 33162 (P) (305) 687-9191 - (F) (305) 354-8887 e-MAIL: SOUTHPENINSUL.A@GMAIL.COM N:\CADD FILES\000 i LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Miami -Dade, STATE OF FL, AND IS DESCRIBED AS FOLLOWS: A portion of Section 18, Township 53 South, Range 42 East, all lying and being in Miami -Dade County, Florida; being more particularly described as follows, to wit: Begin at point 398.00 feet South and 556.00 feet West of the Southeast corner of the Northwest one -quarter of Section 18; thence run South 60 feet; thence run West 120 feet to a point; thence run North 60 feet to a point; thence run East 120 feet to the Point of Beginning; LESS AND EXCEPT, however, a small tract of land at the Southwesterly corner of the Tract herein described heretofore conveyed to the City of Miami for street purposes, said Tract being at the Northeasterly intersection of Northeast 60th Street and Northeast 5th Avenue in the City of Miami, Florida. Said small tract of land lessed-out above is more particularly described as follows: Beginning at a point 458.00 feet South of and 676.00 feet West from the Northeast comer of the Southwest one -quarter of Section 18, Township 53 South, Range 42 East, said point being the Southeast corner of the second mentioned tract of land conveyed by E.L. Eaton to Elizabeth T. Eaton on August 12, 1926, and recorded in Deed Book 995, Page 101, of the Public Records of Miami -Dade County, Florida; thence East along the South line of said second mentioned tract of land conveyed to Elizabeth T. Eaton, said line being parallel to and 458.00 feet South of the North line of the said Southwest one -quarter of Section 18, a distance of 24.87 feet, more or less, to a point of curve; thence Northwesterly along the arc of a tangential curve to the right having a radius of 25.00 feet, a central angle of 89 degrees 42 minutes 26 seconds, a distance of 39.14 feet, more or less, to a point of tangent on the West line of said second mentioned tract conveyed to Elizabeth T. Eaton; thence South along said West Pine parallel to and 676.00 feet West of the East line of said Southwest one -quarter of Section 18, a distance of 24.87 feet, more or less to the Point of Beginning. AND Beginning at a point of 324.67 feet South, and 556 feet West of the Southeast comer of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East; thence South 73.33 feet; thence West 120 feet; thence North 73.33 feet; thence East 120 feet to the Point of Beginning. AND Beginning 258 feet South of and 556 feet West of the Southeast corner of the Northwest quarter of Section 18, Township 53 South, Range 42 East, thence West 120 feet; thence South 63 and one-third feet; thence East 120 feet; thence North 63 and one third feet to the Point of Beginning; all lying and being in Miami -Dade County, Honda. {CONTINUE} THIS SHEET NOT VALID WITHOUT THE OTHERS DATE: 06 24-13 SCALE: N/A JOB ORDER: 135887 CADD: CUSHMAN COVER... DRAWN BY: A.P. F_BJ PG.: NJA FILE NO.: 1293 SHEET: 2 OF 4 SOUTH PENINSULA SURVEYING, CORP. LB No_ 7583 7,&a+ LAND DEVELOPMENT CONSULTANTS T. SURVEYORS - PLANNERS CONSTRUCTION LAYOUT \I\ 1799 N.E. 164th STREET, SUITE 105 NORTH MIAMI BEACH, FLORIDA 33162 (P) (305) 687-9191 - (F) (305) 354-8887 e-MAIL: SOUTHPENINSULAa©GMAIL.COM 0 cn E LF CO- cn CO CO In 0_ 1— U) CD Cr) c.J ›- Cr 0 m N:\CADD FILES\OOC LEGAL DESCRIPTION: AND Begin at a point 258 feet South and 496 feet West of the Southeast corner of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East for a Point of Beginning; thence West parallel to the South line of said Northwest one -quarter a distance of 60 feet; thence South parallel to the East line of the Southwest one -quarter of said Section 18, a distance of 200 feet; thence East parallel to the South line of said Northwest one -quarter, a distance of 60 feet; thence North parallel to the East line of said Southwest one -quarter a distance of 200 feet to the Point of Beginning, lying and being in Miami -Dade County, Florida. AND Those certain tracts or parcels of land situate in the Northeast one -quarter of the Northeast one -quarter of the Southwest one -quarter of Section 18, Township 53 South, Range 42 East, particularly described as follows, to wit: Commencing at a point 358 feet South and 446 feet West of the Southeast corner of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East, and run South 100 feet; thence West 50 feet; thence North 100 feet; thence East 50 feet to Point of Beginning. AND Commencing at a point 258 feet South, and 446 feet West of the Southeast corner of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East, and run South 100 feet; thence West 50 feet; thence North 100 feet, thence East 50 feet to Point of Beginning. AND AM of Lots 8, 9, 10 AND 11, in Block 3 of "MAP OF BAYSHORE", according to the Plat thereof, as recorded in Plat Book 5, Page 116, of the Public Records of Miami -Dade County, Florida. AND All of Lots 1, 2,3,4,5,6 and 7, in Block 'E` of "Revised Plat Showing Blocks 4 & 6, Tracts C & E of BAY SHORE", according to the Plat thereof, as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida. Said lands situated in the City of Miami, Miami -Dade County, Florida.. AND Lots 1 through 6, inclusive, of Block 4, of REVISED PLAT SHOWING BLOCKS 4 & 6, TRACTS C & E OF BAY SHORE, according to the Plat thereof, recorded in Plat Book 9, at Page 60, of the Public Records of Miami -Dade County, Florida. (CONTINUE) THIS SHEET NOT VALID WITHOUT THE OTHERS DATE: 06-24-13 SCALE: N/A JOB ORDER: 135887 CADD: CUSHMAN COVER... DRAWN BY: A.P. F.B.I PG.: N/A FILE NO.: 1293 SHEET: 3 OF 4 SOUTH PENINSULA SURVEYING, CORP. LB No_ 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 1799 N.E. 164th STREET, SUITE 105 NORTH MIAMI BEACH, FLORIDA 33162 # (P) (305) 687-9191 — (F) (305) 354-8887 a -MAIL: SOUTHPENINSULA@GMAILCOM 1 CN a BOUNOARY SURVEYS\CUSHMAN\CUSHMAN 2013\TCS—TP-135887.dwg Jul 08, 2013 2:50prr LEGAL DESCRIPTION: AND Beginning 258 feet South of the Southeast corner of Northwest one -quarter of Section 18, Township 53 South, Range 42 East; thence run West 416 feet to a Starting Point; thence South 200 feet; thence West 30 feet; thence North 200 feet; thence East 30 feet to the POINT OF BEGINNING. AND Commence at the intersection of the City of Miami monument lines of N.E. 61st Street with N.E. 5th Avenue; thence due South, along the City of Miami monument line of N.E. 5th Street, a distance of 142.01 feet; thence South 89°36'56" East, a distance of 39.00 feet to the Southwest corner of Lot 29 of "WHITE'S LEMON CITY", according to the Plat thereof, as recorded in Plat Book "B", Page 32 of the Public Records of Miami -Dade County, Florida; thence continue South 89°36'56" East, along the South line of said Lot 29 and its Easterly extension, a distance of 243.13 feet to the Northwest corner of Lot 2 of "BAY SHORE REVISED", according to the Plat thereof, as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida; thence South 00°03'50" West, a distance of 200.00 feet to the Northeast corner of Northeast 60th Street right-of-way, at its point of termination at the West line of Lot 1 of said Plat of "BAY SHORE REVISED" and the Point of Beginning; thence continue South 00°03'50" West, along the West line of Lot 1 of said "BAY SHORE REVISED" Plat and its Southerly extension, a distance of 38.76 feet to a point on the South right-of-way line of said N.E. 60 Street; thence North 89°35'36" West, a distance of 228.97 feet to a point on the East right-of-way line of Northeast 5th Avenue; thence North 12°34'18" West, a distance of 54.40 feet to a point on the arc of a circular curve concave to the Northeast, having a radius of 25.00 feet and a radial bearing of South 64°51'25" West; thence Southeasterly and Easterly, through a central angle of 64°26'25", an arc distance of 28.12 feet to a point on the North right-of-way line of said Northeast 60th Street and a point of tangency; thence North 89°35'00" West, along said North right-of-way line; a distance of 218.41 feet to the Point of Beginning. Said land situated in the City of Miami, Miami -Dade County, Florida. NOTE: PARCELS 1 TROUGH 7, 10 AND 11 ARE THE SAME AS TRACT "A" OF CUSHMAN SCHOOL , AS RECORDED IN PLAT BOOK 160, PG 36 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS SHEET NOT VALID WITHOLIT THE OTHERS DATE 06-24-13 SCALE: N/A JOB ORDER: 135887 CARD: CUSHMAN COVER... DRAWN BY: A.P. F.B.! PG.: N/A FILE NO.: 1293 SHEET_ 4 OF 4 SOUTH PENINSULA SURVEYING, CORP. LB No. 7583 ■� LAND DEVELOPMENT CONSULTANTS SURVEYORS -PLANNERS CONSTRUCTION LAYOUT 1799 N.E. 164th STREET, SUITE 105 NORTH MIAMI BEACH, FLORIDA 33162 (P) (305) 687-9191 -- (F) (305) 354-8887 e-MAIL: SOUTHPENINSULA@GMAIL.COM EXHIBIT B LEGAL DESCRIPTION OF ROAD RIGHT OF WAY LEGAL DESCRIPTION A PORTION OF NE 60TH STREET LYING WEST OF BISCAYNE BOULEVARD AND A PORTION OF NE STH COURT (#AURA CUSHMAN CIRCLE) LYING SOUTH OF NE 50TH STREET AND NORTHWESTERLY OF BISCAYNE BOULEVARD. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 11 BLOCK 3 OF BAYSHORE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 116 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; THENCE ON A NORTHWESTERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING AS ITS ELEMENTS A RADIUS OF 561.20 FEET, A CENTRAL ANGLE OF 12°47'41" FOR AN ARC DISTANCE OF 125.32 FEET TO A NON TANGENT POINT, SAID POINT BEARING N68°11'15" E TO THE RADIUS POINT; THENCE ON A NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING AS ITS ELEMENTS A RADIUS OF 115.55 FEET, A CENTRAL ANGLE OF 64°49'50" FOR AN ARC DISTANCE OF 130.74 FEET TO A POINT OF COMPOUND CURVE SAID POINT BEARING N38°22'41'W FROM THE RADIUS POINT; THENCE ON A NORTHEASTERLY AND EASTERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING AS IT5 ELEMENTS A RADIUS OF 65.00 FEET A CENTRAL ANGLE OF 37°591.1" FOR AN ARC DISTANCE OF 43.09 FEET TO A POINT OF TANGENCY; THENCE N89°34"45"E FOR 237.86 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH HAVING AS IT5 ELEMENTS A RADIUS OF 25 FEET, A CENTRAL ANGLE OF 20°06"53" FOR AN ARC DISTANCE OF 8.78 FEET TO A NON TANGENT POINT, SAID POINT BEING ON THE CITY OF MIAMI BUILDING BASE LINE (BBL) BEARING N80°51'19"W TO THE RADIUS POINT OF SAID BUILDING BASE LINE, THENCE ON A SOUTHERLY DIRECTION ALONG A CIRCULAR CURVE ON THE ARC OF SAID CITY OF MIAMI BUILDING BASE LINE CONCAVE TO THE WEST, HAVING AS IT5 ELEMENTS A RADIUS OF 605.00 FEET A CENTRAL ANGLE OF 05°07'2.8" FOR AN ARC DISTANCE OF 54.11 FEET TO A NON TANGENT POINT, SAID POINT BEARING N80°08'14"E TO THE RADIUS POINT; THENCE ON A NORTHERLY, NORTHWESTERLY AND WESTERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING AS ITS ELEMENTS A RADIUS OF 10.00 FEET A CENTRAL ANGLE OF 80°33'28" FOR AN ARC DISTANCE OF 14.06 FEET TO A POINT OF TANGENCY ; THENCE 589°34'45"W FOR 233.66 FEET TO A POINT OF CURVATURE; THENCE ON A WESTERLY, SOUTHWESTERLY AND SOUTHERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING AS ITS ELEMENTS A RADIUS OF 10.00 FEET A CENTRAL ANGLE OF 108°46'59" FOR AN ARC DISTANCE OF 18.99 FEET TO A POINT OF COMPOUND CURVE THENCE ON A SOUTHEASTERLY DIRECTION ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING AS IT5 ELEMENTS A RADIUS OF 1200.00 FEET, A CENTRAL ANGLE OF 08°06'38" FOR AN AR DISTANCE OF 169.87 FEET ; THENCE ON A RADIAL BEARING OF 558°02' 32"W FOR 68.69 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. CONTAINING 28,351.98 SQUARE FEET OR ± 0.65 ACRES. DATE' THIS IS NOT A SURVEY AUTHENTIC COPIES OF THIS SURVEY SHALL BEAR THE RAISED SEAL OF THE ATTESTING PROFESSIONAL SURVEYOR AND MAPPER. SANTIAGO A. DOMINGUEZ PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER LS # 6698 STATE OF FLORIDA. THIS SHEET NOT VALID WITHOUT THE OTHERS DATE: 07-01-13 SCALE: 1 "=50' JOB ORDER: 1 "=50' CADD: RW DED.DWG DRAWN BY: A.P. F.B.1 PG.: NIA FILE NO.: 135893 SOUTH PENINSULA SURVEYING, CORP. LB No. 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 1799 N.E. 164th STREET, SUITE 105 NORTH MIAMI BEACH, FLORIDA 33162 (P) (305) 687-9191 - (F) (305) 354-8887 E-MAIL: SOUTHPENINSULA1GMAIL.COM 7 SHEET: 1 OF 2 C:\Users\SPSC2\Deskt©p\RW DED.dwg Jul 01, L=43.09 R=65.00 \ ❑=37° 59' 11" \ L=130.74 R=115.55 A=64° 49' 50" LOT-2 LOT 1 BLOCK E P8-9, PC-60 (MDC LOT-1 LOT 1 BLOCK E PB-9, PG-60 (MOCK) N.T. TRACT 'A' CUSHMAN SCHOOL P13-164, PG 36 (YDCPR) L=125.32 R=561.20 ❑=12° 47' 41" P.C. CONSULTECIi SE COR. TRACT -A PB-160. PG-36 LOT 11, BLOCK 3 PB-5, PG-116 (MDCR) SKETCH TO ACCOMPANY LEGAL DESCRIPTION LOT-3 LOT I BLOCK E P8-9, PG-60 (MDCR) "16 P.T. LOT-4 LOT 1 BLOCK E PB-9, PG-60 (MDCR) 'THE CUSHMAN E H0OL' PPROPOSLAT I (TRACT ' p LOT-6 LOT 1 BLOCK E LOT-5 I PB-9, PC-60 (1.1DC6I L]=20° 06' 53" LOT 1 BLOCK E P8--9, PG-EG (MOCR) 1 ��° �L N89° 34' 35'"E 2371.86 57' 19.29' LOT-7 PB-9, PO-60 (MDCR) LOT 1 BLOCK E L=8.78 R=25.00 I � I N.E. 60st [;FIT ST. n L=54.11 R=605.00 -� A=5° 07' 28" i P. L=18.99 R=10.00 E1=108° 46' 59" BAY SHORE REVISED ) L ` (9-60) I/I S89' 34' 45"Wi a ' 3.66 ICI i l LOT-3 LOT-2 1 1 BAY SHORE REVISED (9-6D) L=14.06 R=10.00 N6W(RNDIN--)— LOT-1 ` r,, % LOT-4 ▪ rays ,. BAY SHORE REVISED / ' / BAY SHORE REVISED (9-60) \ / ! r (9-60) L=169.87 N // 4S4'e i��F - rC?GFy P.O.B S.E. COR OF LOT 11,BLOCK 3 PB-5, PC-116 (1iDCR) LOT 12, BLOCK 3 PB-5, PG-116 (MOCR) 612 R=1200.00 // A=8° 06' 3 ' H 'THE of r. BAY SLOT-5 HORE REVISED ter' `YRj l J I (9-60) PROPOSED CUSHMAN SCHOOL' PLAT (TRACT "A") 90.40 N LOT-6 PROPOSED �'' / ',/ BAY SHORE REVISED N NEW R/W LINE / (9-60) ' BBL AS PER CITY / s ". OF MIAMI ATLAS 'L ' + "et SHEET 14-K '' f( \ J eb 413 LEGEND: L MDCR N.T. PB P.C. P.C.C. PG. P.0,B, P.T — ARC LENGTH — MIAMI—DARE COUNTY RECORDS — NON TANGENCY — PLAT BOCK — POINT OF CURVATURE — POINT OF COMPOUND CURVE — PAGE — POINT OF BEGINNING — POINT OF TANGENCY — RADIUS — DELTA DATE: 07-01-13 SCALE: 1 "=50' JOB ORDER: 1"=50' GADD: RW DED.DWG DRAWN BY- A P i F.B.1 PG.: N/A FILE NO.: 135893 SOUTH PENINSULA SURVEYING, CORP. LB No. 7583 LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 1799 N.E. 164th STREET, SUITE 105 NORTH MIAMI BEACH, FLORIDA 33162 (P) (305) 687-9191 - (F) (305) 354-8867 E-MAIL: SOUTHPENINSULA@GMAIL.COM SHEET: 2 OF 2 11 fe CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of hlliami 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 representathe are not required to fill out this form. Ben I st (First Name) J. Fernandez (Middle) rLasl Name 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) i Il. Miami SPATE: Florida iv: 33131 lltlifi I"ils r\I (305) 377-6235 CELL PHONE (305) 978-2866 l ,\",.. (305) 377-6222 1.51 111 . BFernandez@BRZoningLaw.com fti' tit\t ti, , F li'I'I It 1N I ,,r IIIY I Y NAME The Cushman School, Inc, fik'',i°.f '.c• If+I WWI .,,, 592 NE 60th Street (Address Line 1) Miami, FL 33137 (Address Line 2) I. Please describe the issue for which you are seeking approval. relief or other action from the City Commission, board, authority, agency. council, or committee. Application to close and vacate right-of-way and related approvals. 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? 0 YES ® NO Iryour answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Ves. please answer questions 3. 4 & 5 and read and execute the Acknowledgement. No.:$G543 3. Please provide the name. address and phone number of the person(s) or entities to whom consideration has been provided or committed. \4,1111C Address I'honel; a. N/A I,• N/A c. N/A \ tli.11f l.,11, 11 11,11I1u-: 4;.11l he placed till a separate Niue attached to this 101'nl 4. Please describe the nature of the consideration. N/A N/A N/A S. Describe what is being requested in exchange for the consideration. N/A N/A N/A 1 hereby acknowledge Ordinance 12918 and or civil penalties that disclosure requirement 1. 2. I'1 1i`,(IN ,I'ii\III FIN \C'KNOWLEDGE11'1E NT OF C'OMPLVANC'E that it is unlawful to employ any device, scheme or artifice to circumvent such circumvention shall be deemed a violation of the Ordinance; may be imposed under the City Code, upon determination by the was not fully and timely satisfied the following may occur: the application or order, as applicable, shall be deemed void without effect; and no application from any person or y for the same iss e considered by the applicable boar s) unti expiration of a io nullification of the application or order. F1I (l.i)SIrRk: the disclosure requirements of and that in addition to the criminal City Commission that the foregoing further force or all be reviewed or f one year after the rgn ure Ben Fernand Print Name i 1414'11 before me ilii.v ab elms' fit elr kllrssl'leelirfer1 hf'lfv-e• f11r• !„ �. tesfrii'rlllilr'rl ffr!11 WO fir IS l7C'r-[f111[ll 1' rl11J1l'l1 Iv 111C a PI{111r1 Ili !4 j O 'or 1rl I1 r+r ,Wi! k'lrb 1lnrrrrrlr,'l11 lint 1* 11 1 I 1 $l f l I'111 111 1111111 111I'11,1111r"1rs\ 1 \P11t1 , 3I I IOW 1a v i i„•, , D. 4„ Ir,..I.� Iif 'Ihl• lor( oils; IrI1ri 1711s lnlnlliel'el Iti li'llrl, I0 air! Hot !l /1',r11 rlflth 9 e2 r�•_ Notary e "l �' ,y ' 7Y11ERA l P } r+Name tA. EJ[F k ult7ty 1, gD 960413 BGadmet,ha,N Pa �'I rar$ 111111111111111111111111111111111111111111111 T[ iIS INSTRUMENT PREPARED BY: Samuel A. Persaud, Esq. Reel' Title Company 31 Ocean Reef Drive t(ey Largo, FL 33f)37 RETURN TO: Ellen A.Feinberg, Esq, I2550 Biscayne Blvd, Suite R1X1 Noah Miami, FL 33181 Property Appraisers Parcel Identification (Folio) Numbers: 0132180340230 CFN 2O1.3RO4134526 OR B. 28641 Poo 2900 - 2901; Qi5ssi RECORDED 05/22/ 2013 11:33:53 DEED DOC TAX 4,800.00 SURTAX 31600,00 HARVEY RUVINr CLERK OF COURT f1IAMI-DADE COUHTYr FLORIDA Spare Above This Line For Recording Data THIS WARRANTY DEED, made as of the O day of May, 2013 by N.E. Apartments Associates, Inc., a Florida corporation, whose post office address is PO Box 330537, Miami, FL 33233 herein called the Grantor, to The Cushman School, Inc a Florida not for profit corporation, whose post office address is 567 NE 60'4 Street, Miami, FL 33137, hereinafter called the Grantee: (Whenever used herein the germs "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WIT N ESS ET H: That the Grantor, for and in consideration of the sum of TEN AND 00/IOO"S (510.00) Dollars and other valuable considerations, receipt whereof 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, Stale cif Florida, viz,: Lot 4, Block E, REVISED PLAT OF BAY SHORE, according to the plat thereof as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida. TO(. ETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO IIOLD, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said [and; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2012 and subject to: I . Zoning and/or restrictions and prohibitions imposed by government authority. 2. Restrictions, easements and other matters appearing on the plat and/or common to the subdivision or condominium regime. 3 Taxes for the year of Closing, and thereafter. 4. Public utility easements of record. NOTE TO TAX EXAMINER: The consideration for this conveyance is being paid to a facilitator pursuant to 1RC 1031 Tax Deferred Exchange Book28641/Page2900 CFN#20130404526 Page 1 of 2 OR BK 23641 PG 2901 LAST PAGE IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed. d deliver d in the presence of Witness # Signature Witness # 1 Prin' ed Na e Witness #2 Signature 161zt FE Witness #2 Printed Name STATE OF 0 V l !— COUNTY OF G j N.E. A corpo frliN The Foregoing instrument was acknowledged before me this 040 day of May, 2013 br Nicholas E. Ekonomou as President or N.E. Apartments Associates. Inc. who is personal 1 own tom or has produced FL bd,ye_rs Ltc_ F.155-25-as identification. C.7-403_0 onomou, President lorida SEAL My Commission Expires: Notary Public V41P01/4. Printed Notary Ne Book286411Page2901 CFN#20130404526 Page 2 of 2 1 I I111111111 H i l l 11111111111111111111 I111 I I I I Prepared by: Nancy Stoner, Esq. Daniels Kashtan Downs Robertson & McGirney 3300 Ponce De Leon Boulevard Coral Gables, FL 33134 305-448-7988 Return to: Ellen A. Feinberg, Esq. 12550 Biscayne, Blvd. #800 North Miami, FL 33181 [Space Above This Line 1 or Recording Data]. Warranty Deed c:F -4 2013R014865:3 Ali Bk 28503 P95 2335 2336► (2p95) RECORDED 02/25/2013 11:22:40 DEED DOC TAX 1,380.00 HARVEY RLIVINI, CLERK OF COURT ''ddAMI-DADE COUNTY, FLORIDA This Warranty Deed made this 22nd day of February, 2013 between Ginger Gustason, as Heir at Law and beneficiary under Estate of K. S. Buie a/k/a Katherine S. Buie, deceased whose post office address is 6064 Waterway Bay Dr., Fort Myers, FL 33908, grantor, and The Cushman School, Inc., a Florida corporation whose post office address is 5984 NE 5th Court, Miami, Florida 33137 , grantee: ( Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns or corporations, trusts and trustees) Witilesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 11, Block 3, BAYSHORE SUB, according to the plat thereof, as recorded in Plat Book 5, Page 116, of the Public Records of Miami -Dade County, Florida Parcel Identification Number: 01-3218-031-0220 Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 6064 Waterway Bay Drive, Fort Myers, FL 33908. Subject to taxes for 2013 and subsequent years; covenants, conditions, restrictions, easements, reservations and Limitations of record, if any. Together with all the tenements, hereditatnents and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2012. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. houbleTlmea Book285031Page2335 CFN#20130148653 Page 1 of 2 OR BK 28503 PG 2336 LAST PAGE Sign., .caked and delivered Atli presence: .► �; pia ► ,� Le_u.} ess me: Witi ss Nan State of Florida County of Lee The foregoing instrument was acknowledged before me this 11 . y y February, 2013 by Ging stason, who [ ] is personally known or [X] has produced a driver's license as identify (Seal) Ging Gustason,. •. •. [Notary Seal] .,"" '.^;'¢i, MUMS E. LEWIS IV COMM ISSONIOD935963 EXPIRES:Cctob r26,2Df3 Bonded TTru Budget Notary Semr, he Printed Name: Niles‹ L: 6 My Commission Expires: d/ 6 - ! ( 3 Warranty Deed - Page 2 DoubleT"sme+n Book28503/Page2336 CFN#20130148653 Page 2 of 2 • RfC�Fl.. I73ITPGWZ9 R c to m to. Law Office of Alice W. Weinstein Property Appraiser's 930 N,E, 99` Street ldeniifieatlon Miami Shores, Florida 3313 t rot 32180310210 /01 32180340221 this htntrumeni was prepared by Alice W. Weinstein. Esq. 930 N.E.99th Street Miami Shores, FL 33138 Grintce `fax Identification Space nbo,•e this line for recording data 9 6 R 365 192 1996 AUG 15 15:56 C•OCSTF•DCt 543.00 SIJRIX 407.25 WiRVET kttllllr CLERK DA,DE COUNTY, Ft. WARRANTY DEED (STATUTORY FARM-sECTCON 689.02 F.S.) THIS INDENTURE, made this 2nd day of August, 1996 between ROBERT T. WALKER, JR., and JEAN E. WALKER, his wife, grantors, of the County of Highlands, State of Florida, and THE CUSHMAN SCHOOL, INC„ a Florida not -for -profit corporation, whose post office address is 592 N.E. 60t Street, Laura Cushman Circle, Miami, Florida, 33137, grantee, WITNESSETH that said grantors, for and in consideration of the sum of ten and no/00 Dollars, and other good and valuable considerations to said grantors in hand paid by said grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said grantee, its successors and assigns forever their interest in the following described land, situate, lying and being in Dade County, Florida, to wit: Lot 10 in Block 3, of BAY SHORE, according to the Plat thereof, as recorded in Plat Book 5, at Page 116, of the Public Records of Dade County, Florida, and The South 34 feet of Lot I, in Block "E", of the Revised Plat of Blocks 4 and 6 and a Subdivision of Tracts "C" and "E", of BAY SHORE, according to the Plat thereof, as recorded in Plat Book 9, at Page 60, of the Public Records of Dade County, Horida. Subject to easement in favor of the the City of Miami recorded at Clerks File Number 59R-10553 as to the second parceldescribed above. �r�"=•� � sus=�:� #45 �i 'tip n� . 17317M M° REC. and said grantors do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantors have hereunto set their hands and seats the day and year first above written. Signed, sealed and delivered in our presence as to both: 0{Fn1 a- /6 7 72. t,J• a9 1/4- a9c,ift . 35/ 9 (kite 69,(z1/11 STATE OF FLORIDA COUNTY OF DADE E. WALKER /9xt7 Serd.?, I hereby certify that ROBERT T. WALKER, JR. and JEAN E. .WALKER, his wife, appeared before me on this day of August, 1996, and acknowledged before me that they executed the foregoing instrument, and .that they presented drivers licence's as proof of identification. WITNESS my hand and official seal in the County and State aforesaid: My commission expires: Signature Notary Public, State of Florida ALICE W. WEINST7?IN Printed Name of Notary Public , aY Pt/g OFFICIAL NOTARY SEAL O ' ALICE W WEINSTEIN M -,r S{� , COMMISSION NUMOIER r I41r< CC413007 7r4. �� MY COMMISSION EXP. OF FL° OCT. 22 1tit18 RECOPIX 7N crrFiCrAL HE COQ fS nil. r pF A4AF COUNTY• FLLJIJ04 REcopt/yErirF111 HARVEY RUYIN camp( CIRCUIT COURr • 111111111111111111111111111111111111111111111 Prepared By and After Recording, Return to: ELLEN A. FEINBERG, ESQ. 12550 BISCAYNE BOULEVARD SUITE 304B NORTH MIAMI, FL 33181 FOLIO NOS.: 01-3218-034-0231 01-3218-034-0240 0 1-3218-030-0020 01-3218-030-0030 01-3218-034-0250 01-3218-034-0280 WARRANTY DEED CFI4 2012R0375799 OR Bk 28126 Pss 3407 - 3409► (3ass) RECORDED 05/29/2012 11:11:19 DEED DOC TAX 13,650.00 SURTAX 10,237.50 HARVEY RUVIN, CLERK OF COURT MMIAMI-DADE COUNTY, FLORIDA THIS INDENTURE, made as of the 0Z71,4 day of /__ . 2012, between CEIBA REALTY INVESTMENTS OF MORNINGSIDE, LLC, a Florida limited liability company, whose address is 11000 S. W. 83' Avenue, Miami, FL 33156 (the "Grantor"), and THE CUSHMAN SCHOOL, INC., a Florida corporation, whose mailing address is 592 N. E. 60th Street, Miami, Florida 33137 ("Grantee"). WI7'NE SSETH: Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, has granted bargained and sold to Grantee and to its assigns forever, the land situate and being in Miami -Dade County, Florida, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"): TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. THIS CONVEYANCE is subject to: taxes and assessments for 2012 and all subsequent years; restrictions. conditions, reservations, limitations. easements and other matters of record, if any, without serving to reimpose same, and to all applicable governmental regulations. AND Grantor dogs hereby fully warrant the title to the Property and will defend the same against Book281251Page3407 CFN#20120375799 Page 1 of 3 the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year First above written. WITNESSED BY: STATE OF FLORIDA )ss COUNTY OF MIAMI-DADE ) CEIBA REALTY INVESTMENTS OF MORNINGSIDE, LLC, a Florida limited liability company BY: CARLOS A. SALADR AS. S its sole manager THE FOREGOING instrument was acknowledged before me this O4 day of 4 t" i j , 2012, by CARLOS A. SALADRIGAS, SR, the sole manager of CEIBA REI(LTY INVESTMENTS OF MORNINGSIDE, LLC, a Florida limited liability company, on behalf of such corn any, who is personally known to me or has produced FIo,,idC r Dri ne 15 /1Ceji5 e_ as identification. Commission No.: Notary Public, State of eimidr«.- My commission expires: r_ WAt CY MART 1IY COMMISSON 100 835131 EXPIRES: Mangy 13, 2013 Sordid T1vu *Amy RA*ikdonrIlers Book281261Page3408 CFN#20120375799 Page 2 of 3 OR BK 2t 126 PG 3409 LAST PAGE EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Miami -Dade, STAR OF FL, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: Lot 5, Block E of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & 5 OF BAY SHORE, according to the plat there of as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida. PARCEL 2: Lot 6, Block E of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & E OF BAY SHORE, according to the plat thereof as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade county, Florida. PARCEL 3; Lot 2, Block E of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & E OF BAY SHORE, according to the plat thereof as recorded In Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida. PARCEL 4: The East 135 feet of Lot 8, less the North 4 feet of the East 35 feet for right-of-way in Block "E" of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & E OF BAY SHORE, according to the plat thereof as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida; a/k/a Portion of Lot 18 and Lots 19 and 20, less the North 4 feet for right -of way, of WHITE'S LEMON CITY, according to the plat thereof as recorded In Plat Book "B", Page 32, of the Public Records of Miami -Dade County, Florida. PARCEL 5: Lot 21, less the North 4 feet for street, of WHITE'S LEMON CITY, according to the plat thereof as recorded In Plat Book "Er, Page 32, of the Public Records of Mlamf-Dade County, Florida, (also known as: Lot 21 of HARRINGTON'S, according to the plat thereof as recorded in Plat Book 'D", Page 509, of the Public Records of Miami -Dade County, Florida); AND the East 50 feet of the West 255 feet of Lot 8, Block "E", of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & E OF BAY SHORE, according to the plat thereof as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida. PARCEL 6: Lot 22, less the North 4 feet for street, of WHITES LEMON CITY, according to the plat thereof as recorded In Plat Book "B", Page 32, of the Public Records of Miami -Dade County, Florida; AND the North 46.75 feet of the East 50 feet of the West 205 feet of Lot 8, Block "E", of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & E OF BAY SHORE, according to the plat thereof as recorded in Plat book 9, Page 60, of the Public Records of Miarni-Dade County, Florida. Book28126/Page3409 CFN#20120375799 Page 3 of 3 a Fam 70-40-7t -c&M .47 — "'"t Ws. '" _ • 1,1 at 911.3. 1,1,1,61 fie[Ptaafir A ITINCHALIEC TEL LINEMAN SLITEEL MAP OF SURVEY E6Ist STREET . ........ ..... 4i .11 11.t1 P1,1. {,400 NOT A PART Sq Oreato Vte. Cerra Table atne / ea• Awl akAtY•at Mn Letp. UP 0591 11142 114,71. SkT IC' M.I, Mk 0 SILD 5?13 DOT 19.,01. .10- op. 'IT .213 5.7 Min 1051:0 No/ 'Plc IT NI 4150 ant na. tem .I. r. my yr as..r la•S CrIa 1..11 MX DO .15 ia r enTYE 47147 _ 4-- ?A (7) LEGEND / AO8REM ATIONS. kic - Aldere...:Ate r21100.0.41. A fit _ G114•CP Or, 7% L.) =rc SACCO .420555 CeAi. co.04,1 Ch1 - 77.5 015 - 25750115 471* /MO irkl • an oLAN p,mia t, • are .11.4.1,1I.V.L 01..111. 1*/0 CtitAdel - Comer en —Mb "- MITT 0.0.TM CA1000 =Ma AMA 15 20217104 MC, / A 4I1E.212F. 11,, ie 'rse TENTATIVE PLAT OF: THE CUSHMAN SCHOOL 777*1*11* or 4:1/ePe5p 4;S% M0.4 V' K.010 0.0e00.M1 SYIASOLS: 0 MMIT Tusc, 41. P.m.... mar r•••••- .16.rwramm.,,.• rim*. Me mTme. OTT Om TT sou-r-H PEN WSULA SURVEYING, COM,. xhAim.1 L1.001.14LVE50ntrA1CCI05ILTA0IS 15It101010 -11.0474131, casal73CTICe. tdattil 101.5 .waleir ....ratat.,arel,t TLT m1,1 0.00.0T0.0 i TENTATIVE PLAT OF: THE CUSHMAN SCHOOL 6EIN0 A 0-PLAr OF ALL Of TRACT 'A" OF Cia$ICIAN SCNOOL AS P,FEOROEO Ire PLAT GOON 160 AT PAGE .56. or TILE PUEILTC RECORDS OF 4IAe0-0A0E COUNTY , FLORIOA ANO ALL OF DOTS 1,rty, a,ga & 7. 6LOC71 -E' 1+a0 ALL Of BLOCI( 6 RELlsoo PLOT 5F.DNlalp BLOCKS a AND 6. TRACTS C ATL0 E OF BAY SNORE, AS RECORDED iN PLAT BOOR 9 PAGE 60 OF THE PUBLIC RECORD OF O.tASII•OAOE COANT1', FLORIDA AN17 tOf 11, 6L40s 3, 3A SNORE, ACCORDING 10 1IN: Pt -AT T0ERECF, A9 RECORDED IN PLAT BOOK 0 AT PAGE 116, OF TATE Pu4LIO RECORDS CF LIANA-0AGF COUNTY, F1..04*10A Ri SECTION 13. i0NIXg5I3 33 SOV714, RANGE 42 EAST.EiTY OF WW1, MIAMI-DADS COUNTY FLORIDN- DU: WENT 1h'-T .AA1 e NPN9. SOMA iFYYtlf tlEXEM ZE a/ .00. eb. 45 -W. .4 Y1/PO Pal 4r1r.Ce.. #.. 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