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HomeMy WebLinkAboutApplication & Supporting DocsSPECIAL APPEARANCE APPLICATION yy RECEIVED PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SE�t)IN DEPARTMEN T 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-4 j g-003 ( Am 9. 25 www.miamiqov.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 3:00 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 (81/2x11 ") 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. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Office of Zoning. Rev. 07-2013 1 MIA 184657346v1 SPECIAL APPEARANCE APPLICATION 1. Applicant(s): Iris Escarra, Esquire on behalf of Miami Bay Trust LLC 2. Subject property address(es) and folio number(s): 601 NE 39 Street, Folio Nos. 01-3219-011-0040 3. One (1) original survey dated within six (6) months from the date of application prepared by a State of Florida registered land surveyor. 4. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 5. After Hearing Boards, Public Works, Zoning and Planning initial and date the plans, two (2) 11x17" and one (1) 8'/2x11" copies of the original plan, including the survey. 6. Current Zoning Referral and Write -Up signed by the Office of Zoning designee. 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 to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 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. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 2.809 acres 18. What is the purpose of this application/nature of proposed use? Approval of closure of public access. Rev. 07-2013 MIA 184657346v1 SPECIAL APPEARANCE APPLICATION 19. 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 20. 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 21. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board and/or X City Commission 15 mins 22. Cost of processing according to Section 62-22 of the Miami City Code*: a. Petition for Public Hearing b. Petition for Public Hearing requiring City Commission review c. Advertising d. Mail notice fee per notice e. Meeting package mailing fee per package $ 1,500.00 $ 2,500.00 $ 1,500.00 $ 4.50 $ 6.00 *Fees over $25, 000.00 shall be paid in the form of a certified check, cashier's check, or money order. Signature ��� % Address 333 SE 2 Avenue Name Iris Escarra, Esquire Telephone 305-579-0737 E-mail STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Miami, Florida 33131 escarraiagtlaw.com The foregoing was acknowledged before me this 97 day of b\11)-41 20 15 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MARISOL RODRIGUEZ Notary Public - State of Florida My Comm. Expires Sep 27, 2018 Commission # FF 153039 Rev. 07-2013 MIA 184657346v1 3 GT GreenbergTraurig Iris Escarra (305) 579-0737 Direct Fax: (305) 961-5737 E-Mail: escarrai@gtlaw.com July 28, 2015 Via Hand -Delivery Mr. Francisco Garcia Planning and Zoning Director City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33128 RE: Special Appearance- Public Access Closure Letter of Intent Property: Miami Bay Club, 601 NE 39 Street, Miami, Florida Dear Mr. Garcia: Our client, Miami Bay Trust, LLC, is the owner of the property located at approximately 601 NE 39 Street, Miami, Florida. The property currently is being developed as a residential development to consist of 156 residential units and 208 parking spaces as previously approved pursuant to Class II # 2009-0023 and Waiver No. 2013-0057 (the "Project"). This Special Appearance application is being submitted to solely request the elimination that the public be allowed to access the portion of the Baywalk within the Project. Otherwise, the other requirements of Section 3(mm)(ii)1 of the City Charter are in compliance and not being modified, see attached Exhibit A. This request for public access closure is based on the uniqueness of the Project's location and the limited Baywalk connectivity existing and/or potentially could be built in the surrounding area. Secondly, the single family community to the North is not required to provide Baywalk access and a public park already exists to the South allowing for a public waterfront experience. Lastly, and unfortunately, this area has a high crime and vagrant incident history which has the current neighbors concerned that the Baywalk area could provide for an area where vagrants may gather. 1(iii) The above setback and side -yard requirements may be modified by the city commission after design and site -plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirgRarrAH grquAtgkr6A�lr 4WICEP ILLAW • WWW.GTLAW.COM MIA 1� 34�7E22ndlvenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 Page 2 A. Lack of connectivity to other Baywalks The Project is located abutting a single family residential community to the North, Albert Pallet Park (a/k/a Magnolia Park) to the South with the 1-195 highway just South of the park. The single family community to the North, Baypoint, is not required to provide a publicly accessible Baywalk and is supportive of our request to eliminate the public access within our Project, see attached Exhibit B. South of Pallet Park, is Sterns Park and Martel Park, all of which have no connection to each other along Biscayne Bay because of the high speed 1-195 highway system. Please review the images below which demonstrate the lack of connectivity between all the public spaces because of the existing 1-195 highway system. View from 1-195 towards Pallot Park. MIA 184672877v1 Page 3 View from 1-195 towards Pallot Park. Please note the park is fenced off from 1-195 with no access. View from 1-195 towards Martel Park. Please note the park is fenced off from 1-195 with no access. View from 1-195 inbetween Sterns Park North and Martel Park to the South. MIA 184672877v1 Page 4 View from 1-195 to Martel Park. View from 1-195 towards Charter Club Condominium. Furthermore, the first residential project further south of 1-195 is the Charter Club Condominium located between NE 36th Street and NE 35th Street, and it does not have a Baywalk open to the public. Therefore, due to existing constraints with the abutting properties for several hundreds of feet along Biscayne Bay, the public access to the Baywalk within the Project, would not further the intent of the City Charter, nor Section 3.11 of Miami 21 which is to provide for a connection and linear open space along Bay for public to walk and ride bicycles. MIA 184672877v1 Page 5 B. Neighborhood concerns with police reported incidences This from Biscayne Boulevard on the East, Biscayne Bay on the East, 1-195 on the South and Baypoint on the North, is an enclave of low rise multifamily residences. The City of Miami Police Department Crime Mapping indicates that in the past two years, various thefts have occurred with the majority being theft, larceny, vehicle break in and vandalism. See diagram below. Trend Report for 1 /1 /2013 - 7/28/2015 92 crimes found. Within a 1 mile radius of 531 NE 39th St, Miami, Florida, 33137 Crime Type Summary 3 3 2 2 • Tfoft 25n32P • VMWN B.52 TM5l25 • VaWa4m(12) • Anon?) • Bmpnyp) • Fraaaa • n puarortdwoianon (3) • D18(3) • R2EMary(3) • MS Vahik TMSM(2) Futhermore, the City of Miami Police departments lists various theft incidences occuring in this area, see attached Exhibit C. As such, the Owner and community are concerned that the creation of an area such as the Baywalk which does not lead to another connection point, and is accessible from a public non -fenced park, would create a gathering space for crime rather than a connection access along the waterfront as intended by the City Charter and Code. Furthermore, the Baypoint Neighbor's association is supporting this request because of the concerns that access leading to the rear of their homes would negatively impact their residential neighborhood. MIA 184672877v1 Page 6 op. Esri, © OpenStreetMap co C. Commitment to Pallot Park Improvements The Owner has already expressed that he will be improving Pallot Park in connection with the City of Miami Public Benefits Program Section 3.14. The Owner has been working for months with City and community in reaching an acceptable redevelopment plan for Pallot Park. The park improvements are proposed to be a minimum of $2,500,000 million in expense for said improvements. As such, once Pallot Park is improved, it will create for a beautiful neighborhood park to be used by the community. In connection with our request to eliminate the public access along the Baywalk, we would ask that the City consider the unique circumstances of this Project, the inability to truly create a Baywalk connection North and South, the threat of creating a space for crimes to occur at the rear of single family residences, and that there are uses along Biscayne Bay which are exempt from compliance. Should you have any additional questions or concerns, please feel free to contact me. Iris Escarra Enclosure cc: Joseph Milton, J. Milton & Associates. MIA 184672877v1 Miami, FL Code of Ordinances Page 1 of 3 Sec. 3. - Powers. The City of Miami shall have the governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes, except when expressly prohibited by law. The city shall have the extraterritorial powers granted to the city by general and special law and including Laws of Florida, ch. 10847 (1925), as amended. The City of Miami shall have power to: (a)—(e). [Reserved.] (f) Acquisition and disposition of property and services: (i) To acquire by purchase, gift, devise, condemnation or otherwise, real or personal property or any estate or interest therein, inside or outside the city, for any of the purposes of the city; and to improve, sell, lease, mortgage, pledge, or otherwise dispose of such property or any part thereof. (ii) To acquire or dispose of services inside or outside the city, by purchase, gift, or otherwise for any purposes of the city. (iii) To lease to or contract with entities for the management of any of the city's waterfront property, but only in compliance with the other requirements of this charter and on condition that: (A) the terms of the contract allow reasonable public access to the water and reasonable public use of the property, and comply with other charter waterfront setback and view - corridor requirements; and (B) the terms of the contract result in a fair return to the city based on two independent appraisals; and (C) the use is authorized under the then existing master plan of the city; (D) the procurement methods prescribed by ordinances are observed; (E) the contract does not exceed five years and does not contain an automatic renewal or termination penalty. Any such lease or management agreement or proposed extension or modification of an existing such lease or management agreement which does not comply with each of the above conditions shall not be valid unless it has first been approved by a majority of the voters of the city. Nothing herein contained shall in any manner affect or apply to any project the financing of which has been provided by the authorization of bonds to be issued by the city. (g)—(I). [Reserved.] (m) Harbor and shipping facilities: To establish, construct, maintain, and operate, both inside and outside the city, public landings, wharves, docks, and warehouses; to dredge or deepen harbors and rivers, or any branch or portion thereof; to install turning basins, build jetties, and otherwise improve the harbor and shipping facilities of the city, inside and outside the city and inside and about:blank EXHIBIT "A" Miami, FL Code of Ordinances Page 2 of 3 outside harbor lines where such improvements outside of harbor lines are approved by the United States Government or its proper agencies; to acquire by condemnation or otherwise all lands, riparian, and other rights and easements [necessary for the purposes aforesaid; to lay and collect] reasonable duties or fees on vessels coming through or using said landings, wharves, docks or warehouses; to regulate the manner of using other landings, wharves, docks, and warehouses within the city; to prescribe and enforce reasonable rules and regulations for the protection and use of said property; to advance to the Government of the United States, with or without interest, funds to be expended in harbor improvements to be made by the government in or near the city, or directly affecting the city within Miami Harbor and the approaches thereto, if such work has been duly authorized by laws of the United States; and to issue bonds or notes to obtain funds for such advances. (n)—(II). [Reserved.] (mm) Building and zoning: (i) To provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number of stories, method of construction, type, and size of buildings and other structures; the percentage and portion of the lot or site that may be occupied; the size of the front, rear, and side yards, courts, and other open spaces; the location, use of buildings, structures, and land for trade, industry, residences, apartment houses, and other purposes; and the widening and future widening of streets in zoned street areas that the city may establish. Such regulations may provide that a board of appeals or the city commission may determine and vary the application of building, planning, or zoning ordinances in harmony with their general purpose and intent. (ii) In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridge, (A) which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, the setback shall be at least 25 percent of the lot depth), and (B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width. (iii) The above setback and side -yard requirements may be modified by the city commission after design and site -plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment an ublic advantages, or which preserve natural features. Wherever set ac , side -yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. (iv) These requirements shall not apply to docks and appurtenant structures, single-family residences and appurtenant structures, and waterfront industrial uses along the Miami River and at the Port of Miami. Nothing herein contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight International Center and hotel facility, including all improvements thereon, or to lands and projects which the city commission has about:blank 7/29/2015 Miami, FL Code of Ordinances Page 3 of 3 approved prior to September 18, 1979, by development order pursuant to F.S. ch. 380 of a planned area development pursuant to article XXI-1, City of Miami Comprehensive Zoning ordinance or which have received site and development plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972. (Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01) Editor's note— The department of neighborhood rehabilitation of the city and all functions involved therein were abolished pursuant to Ord. No. 7576, § 1, adopted July 17, 1967, and effective on the date of transfer of said department to Dade County. At the direction of the city, § 3(w), added to the charter by Char. Amend. No. 2, effective Jan. 1, 1963, is not set forth herein. about:blank 7/29/2015 BAY POINT PROPERTY OWNERS ASSOCIATION, INC. 405 Gate Lane / Miaml, Florida 33137 May 14, 2015 City of Miami Commissioners, Planning Zoning Appeals Board Members and Francisco Garcia, Planning Director City Hall 3500 Pan American Way Miami, FL RE: Letter of Support / Miami Bay Club (the "Project") ■ Closure of public access to the Baywalk Dear Commissioners, Board Members and Mr. Garcia: Please accept this letter as Bay Point Property Owners Association, Inc.'s support for the closure of public access to the Baywalk, located along the waterfront of the Project, located at approximately 531 NE 39` Street, Miami Florida. We are supportive of the Project as proposed and specifically support the closure of public access to the Baywalk as it currently dead -ends at the southeast corner of our community. Uncontrolled public access through the Baywalk along the waterfront up to the rear of our community would only open the potential for criminals and vagrants to access our community, while allowing it to remain open provides no benefit to the public as the short Baywalk ends at southern border of the community. We encourage you to approve the closure of public access to the Baywalk as it would be in the best interest of all parties involved. Thank you for your consideration. Sinccrc l 1 er 'alles, President EX:ff=1:'1' "B," Crime report or 1/1/2013 - 7/28/2015 EXHIBIT "C" CrimeMapping.com Set Bookmark Send Link Print Crime report for 1/1/2013 - 7/28/2015 92 crimes found. Within a 1 mile radius...of 531 NE 39th St, Miami, Florida, 3 137 10 Click a crime to "Map It. Type: Description: LARCENY/THEFT MOTOR VEHICLE WIN PARTS LARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - SHOPLIFTING DUI DESTRUCTION/DAMAGE/VANDALISM MOTOR VEHICLE THEFT - AUTOS CILARCENY/THEFT FROM MOTOR VEHICLE DRUGS/NARCOTICS. Case #: Location: Agency: 150713- 400 BLOCK NE 205575 37TH ST 500 BLOCK NE 150705- 36 197034 STREET/JULIA TUTTLE CSWY 150704- 196191 3600 BLOCK BISCAYNE BLVD 150702- 100 BLOCK NE 194141 39TH ST 150702- 193488 Miami Police Miami Police Miami Police Miami Police NE 36TH ST &Miami BISCAYNE Police !BLVD 150618-NE 36TH ST & Miami 178760 BISCAYNE BLVD Police 150618- 500 BLOCK NE 178659 38TH ST Miami Police 150617- NE 2ND AV & Miami 178164 NE 3STH TER = Police 150615- . NE 38TH ST & Miami 176263 NE 6TH AV Police ElLARCENY/THEFT - MOTOR VEHICLE 150615- PARTS 175738 MPLE ASSAULT MOTOR VEHICLE THEFT- AUTOS LARCENY/THEFT - FROM MOTOR VEHICLE LIQUOR LAW VIOLATIONS BURGLARY - FORCIBLE ENTRY 150614- 174354 150613- 174106 150612- 172408 150609- 169533 150608- 168385 NE2NDAV& NE 38TH ST I Miami Police NE 36TH ST & Miami BISCAYNE BLVD Police NE 36TH ST & Miami BISCAYNE Police BLVD NE 35TH TER & Miami BISCAYNE Police BLVD NE 38TH ST & BISCAYNE BLVD 400 BLOCK NE 39TH ST Miami Police Miami Police Trend Report Date: 7/13/2015 10:13 AM 7/5/20.15: 09:22 AM 7/4/2015 02:48 PM 7/2/2015 06:21 PM 7/2/2015 05:22 AM 6/18/2015 09:38 AM 6/18/2015 08:11 AM 6/17/2015.06:24 PM 6/15/2015 11:20 PM 6/15/2015 02:43 PM <6/14/201502:16AM 6/13/2015 09:34 PM 6/12/2015 09:18 AM 6/9/2015 04:18 PM 6/8/2015 03:13 PM httn://www. crimemaooina.com/DetailedRenort.ast}x?db=1/01/2013+00:00:00&amn:de=7/... 7/28/2015 Crime report for 1/1/2013 .- 7/28/2015 Page 2 of 5 0 0 SIMPLE ASSAULT LARCENY/THEFT" - FROM MOTOR VEHICLE DESTRUCTION/ DAMAGE/VANDALIS M LARCENY/THEFT - FROM MOTOR :. VEHICLE LARCENY/THEFT - FROM MOTOR VEHICLE DESTRUCTION/DAMAGE/VANIALISMN DESTRUCTION/DAMAGE/VANDALISM FRAUD - IMPERSONATION LARCENY/THEFT - ALL OTHERS j150607- 167084 500 BLOCK NE 38TH ST Miami Police 150606- NE 1ST CT :& Miami 166574 NE 38TH ST Police 150605- 100 BLOCK NE ! Miami 165624 36TH ST 1 Police 150521- 149114 3600 BLOCK NE BISCAYNE BLVD 150531- 3600 BLOCK 160027 BISCAYNE BLVD 150527- 3600 BLOCK 155412 NE 2ND AV 150522 800 BLOCK 15011652 BISCAYNE BLVD 150519 3600 BLOCK. 146874 BISCAYNE BLVD • Miami Pofice Miami Police. Miami Police Miami Police Miami Police 150515- NE 36TH ST & Miami 142622 BISCAYNE Police BLVD LARCENY/THEFT - MOTOR VEHICLE 150514- PARTS 141762 LARCENY/THEFT - VEHICLE LARCENY/THEM - VEHICLE LARCENY/THEFT - VEHICLE LARCENY/THEFT - VEHICLE LARCENY/THEFT - PARTS FROM MOTOR FROM MOTOR FROM MOTOR FROM MOTOR MOTOR VEHICL IDLARCENY/THEFT - BICYCLES 150514- 141401 600 BLOCK NE 36 STREET 3600 BLOCK BISCAYNE BLVD 150509- 100 BLOCK NE 135873 38TH ST 150508- NE 2ND AV & 135055 NE 36TH ST 150508- 4000 BLOCK 134892 NE 2ND AV 50505 3600 BLOCK 1 13191055 FEDERAL HIGHWAY 150504- 131423 DESTRUCTION/DAMAGE/VANDALISM129318 150502` LARCENY/THEFT - FROM MOTOR VEHICLE SIMPLE ASSAULT LARCENY/THEFT - FROM BUILDING DUI 3500 BLOCK BISCAYNE BLVD 600 BLOCK NE 36TH ST 150502- NE 1ST CT & 129321 NE 38TH ST 150502- NE 2ND AV & 128647 NE 38TH ST 150430- 3600 BLOCK 126479 NE 2ND AV 150429- NE 36TH. ST & 126176 BISCAYNE BLVD Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police 6/7/2015 01:44 AM 6/6/2015 06:41 PM 6/5/2015 07:38 PM 6/4/2015 OB:55 AM ..................................................................................... 5/31/2015 08:51 PM 5/27/2015 01:06 PM 5/22/2015 10:36 AM 5/19/2015 12:20 PM 5/15/2015 01:09 PM 5/14/2015 07:01 PM 5/14/2015 12:35 PM 5/9/2015 02:30 AM 5/8/2015 12:22 PM 5/8/2015 09:09 AM 5/5/2015 02:40 PM 5/4/2015 11:44 PM 5/2/2015 08:53 PM 5/2/2015 06:54 PM 5/2/2015 01:28 AM 4/30/2015 07:25 AM 4/29/2015 09:07 PM httn://www.erinierannin+x.com/DetailedRennrt.asnx?dh=1 /01 /2.011+i10:00 008amn` ie.=7J /___ 7/7. /201 5 Cringe report for 1/1/2013 - 7/28/2015 Page 3 of 5 LARCENY/THEFT - FROM MOTOR II VEHICLE CSILARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - SHOPLIFTING LARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - FROM MOTOR VEHICLE 150429- 1500 BLOCK NE Miami 912954 38 ST Police: 150429- 500 BLOCK NE 125954 38TH ST 150428- 125005 150427- 123517 150425- 121378 DESTRUCTION/DAMAGE/VANDALISM ; FRAUD - CREDIT CARDS/ATM LARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - FROM MOTOR VEHICLE FRAUD - FALSE PRETENSES/SWINDLING BURGLARY - FORCIBLE ENTRY LARCENY/THEFT - FROM MOTOR VEHICLE 150420- 116777 150420- 116583 150420- 116262 150417 113796 150416- 112213 150416- 112038 150413- 108704 DESTRUCTION/DAMAGE/VANDALISM 100303 a3 SIMPLE ASSAULT DESTRUCTION/DAMAGE/VANDALISM LARCENY/THEFT - MOTOR VEHICLE PARTS LARCENY/THEFT - MOTOR VEHICLE PARTS BURGLARY - FORCIBLE ENTRY LARCENY/THEFT - ALL OTHERS 0 LARCENY/THEFT - ALL OTHERS LARCENY/THEFT.- SHOPLIFTING eROBBERY - HIGHWAY/STREET/ALLEY 150401- 096136 150401- 096119 150330- 093932 150330- 093737 150328- 091661 150326- 0893.1.6 150323- 086184 1503.21- 084743 3600 BLOCK BISCAYNE BLVD 600 BLOCK NE 36TH ST 3600 BLOCK. BISCAYNE BLVD 600 BLOCK NE 36TH ST 600 BLOCK NE 36TH ST 3600 BLOCK BISCAYNE .BLVD ,3600 BLOCK BISCAYNE BLVD 3500 BLOCK BISCAYNE BLVD 600 BLOCK NE 36TH ST 3600 BLOCK BISCAYNE BLVD 3600 BLOCK BISCAYNE BLVD 41.00 BLOCK NE 2ND AV 4100 BLOCK NE 2ND AV 400 BLOCK NE 37TH ST 400 BLOCK NE 39TH ST 200 BLOCK NE 38TH ST 200 BLOCK NE 38TH ST 600 BLOCK NE 36TH ST 3600 BLOCK BISCAYNE BLVD Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police 4/29/2015 06:08 PM 4/29/2015 02:00 PM 4/28/2015 04:52 PM 4/27/2.015 05:16 AM 4/25/2015 01:24 AM 4/20/2015 08:24 PM 4/20/201.5 04:49 PM 4/20/201.5 12:29 PM 4/17/2015 10:32 PM 4/16/2015 02:24 PM 4/16/2015 01:17 PM 4/13/2015 11:02 AM 4/5/2015 01:35 PM 4/1/2015 04:37 PM 4/1/2015 04:21 PM 3/30/2015 05:39 PM 3/30/2015 01:19 PM Miami Police 3/28/2015 01:12 PM Miami Police Miami Police. Miami Police 3/26/2015 01:17 PM 3/23/2015 12:12 PM 3/21/2015 11:54 PM 3/21/2015 02:55 PM httnJ/www.crimelmannina.corn/Del-al eHRennri-_aSnx?dh-1 /01 /2013+00:0M0&amn:de=7/... 7/2R/2015 Crime report for 1/1/2013 - 7/28/2015 Page 4 of 5 DESTRUCTION/DAMAGE/VANDALISM LARCENY/THEFT - FROM BUILDING LIQUOR LAW VIOLATIONS riFRAUD - IMPERSONATION 150321- 084306. 150319- 150318. 080581_ 150316- 078876 150316- 078283 DESTRUCTION/DAMAGE/VANDALISM 150305 Ob8705 LARCENY/THEFT - FROM MOTOR VEHICLE SIMPLE ASSAULT LARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - ALL OTHERS 150306- 068313 NE 36THST& BISCAYNE BLVD 500 BLOCK NE 38 ST Miami Police Miami Police 600 BLOCK NE Miami 36TH ST Police NE 38TH ST & BISCAYNE BLVD 6.00 BLOCK NE 36TH ST 3800 BLOCK NE 2ND AV 3600 BLOCK BISCAYNE BLVD 150303- i 600 BLOCK NE 064916 36TH ST 150301 NE 36TH ST & 062672 BISCAYNE BLVD 150226- 600 BLOCK NE 059320 36TH ST LARCENY/THEFT - FROM BUILDING 150226- 059263 , BURGLARY - FORCIBLE ENTRY DUI LARCENY/THEFT - ALL OTHERS ROBBERY - HIGHWAY/STREET/ALLi Y 055375 LARCENY/THEFT - FROM MOTOR VEHICLE BURGLARY - FORCIBLE ENTRY gLARCENY/THEFT - ALL OTHERS LARCENY/THEFT - ALL OTHERS LARCENY/THEFT - SHOPLIFTING DESTRUCTION/DAMAGE/VANDAL ISM LARCENY/THEFT - FROM MOTOR VEHICLE 3600 BLOCK NE 2ND AV 150225- ; 400 BLOCK NE 058611 39TH ST 150225- 057786 Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police NE 36TH ST & Miami BISCAYNE- Police BLVD 150223- NE 36TH ST.& Miami 055777 BISCAYNE Police. BLVD 150222- NE 2ND AV & Miami NE 35TH TER 150222- 3700 BLOCK 055274 NE 1ST CT Police Miami Police 150217- . 400 BLOCK NE Miami 049487 39TH ST !Police 150216- 048271 100 BLOCK NE 1 Miami 38TH ST Police 150214- NE2ND AV&. 046876 NE 36TH ST 150214- 3900 BLOCK. 046859 NE 2ND AV 150214- 400 BLOCK NE 046778 :38TH ST Miami Police Miami Police Miami Police 150214-NE 39TH ST & Miami 046841 BISCAYNE Police BLVD 3/19/2015 09:39 AM 3/18/2015 12:58 PM 3/16/2015 09:51 PM 3/16/2015 11:42 AM 3/7/2015 04:40 AM ........................._...._._....._.................................._.. 3/6/2015 08:55 PM 3/3/2015 09:10 PM 3/1/2015 07:30 PM 2/26/2015 01:53 PM 2/26/2015 01:19 PM 2/25/2015 09:45 PM 2/25/2015 06:15 AM 2/23/2015 08 45 AM 2/22/2015 09:11 PM 2/22/2015 07:35 PM 2/17/201501:59 PM 2/16/2015 03:06 AM 2/14/2015 04:14 PM 2/14/2015 03:54 PM 2/1.4/2015 02:56 PM 2/14/2015 07:30 AM httD://www.criremanninsr.corn/DetailedRenort.asnx?db-1 /01 /2013+00!:00:00&amn:de=7/.._ 7/2R/201 5 Crime report for 1/1/2013 - 7/28/2015 Page 5 of 5: 0 0 LARCENY/THEFT - MOTOR VEHICLE PARTS LARCENY/THEFT - ALL OTHERS LARCENY/THEFT - MOTOR VEHICLE PARTS AGGRAVATED ASSAULT BURGLARY - FORCIBLE ENTRY LARCENY/THEFT - FROM MOTOR VEHICLE SIMPLE ASSAULT LARCENY/THEFT - ALL OTHERS LARCENY/THEFT - FROM BUILDING LARCENY/THEFT - FROM MOTOR VEHICLE LARCENY/THEFT - SHOPLIFTING DESTRUCTION/DAMAGE/VANDALISM BURGLARY UNLAWFUL ENTRY- NO FORCE 150212- NE2NDAV& 044499 NE 36TH ST 150212- 600 BLOCK NE 044623 150211- 043632 150210- 042109 150209- 041490 150208- 040664 150207- 039656 36TH ST 400 BLOCK NE 39TH`S.T NE 38TH ST & NE 6TH AV 400 BLOCK NE 38TH ST 3600 BLOCK BISCAYNE BLVD 3500 BLOCK BISCAYNE BLVD 150204- 100 BLOCK NE 036585 40TH ST 150203- 035226 150202- 033686 150201- 032765 150201- 032640 150131- 031534 600 BLOCK NE 36TH ST NE 39TH ST & N FEDERAL HWY 3600 BLOCK BISCAYNE BLVD 3500 BLOCK BISCAYN E BLVD 400 BLOCK NE 39THST Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami Police Miami` Police Miami Police 2/13/2015 09:50 AM 2/12/2015 12:59 PM 2/11/2015 03:04 PM 2/10/2015 06:10 AM 2/9/2015 08:08 PM 2/8/2015 05:26 PM 2/7/2015 06:02 PM 2/4/2015 07:59 PM 2/4/2015 10:16 AM 2/2/2015 09:31 AM 2/1/2015 07:35 AM 2/1/2015 03;1:0 AM 1/31/2015 01:39 AM htfi.//www.crimet annina_carnThetailedRnnnr-t aci,x?(Th=1 /01 /7;013+f1(l.W•ongi:amn•rlP=7/ 7/2R/7111.5 EXHIBIT "A" LEGAL DESCRIPTION: PARCEL Lot A, teas the Wes{ 330 Feel, 5rCO;;D AMENDED PLAT OF lJJ :OiJA PARK, according to the plat tf:-scot, recorded in Plot Book 5 el Page 25. of the PuL-tic Reoorde of Miami -Dude Coo sty. ilorido. ALSO t .lznd cinc Lx, .can he East f ne of :cid Troct A and the United 5 t'�t South „! c: ?Xr r-rx0. ocaord:nr_ to the tote Fior�..or line vtf the to ice $.o d Cy plot uict ilr_rx1, record, in Plot Book R0, c; Page 6J, of the Public Rrcor�+a of County. Florida. LESS Any FACDrT: RrorGCrc;i of :and far tr,jho-sy Right of Troy Deed as deecribed in tht Warranty Deed re -corded cn Official de l 6'313 at PPace Eft o. the Public Records or Itiorni-Doc. County. Florida. being r^pr• particularly de rcribrd orss fo9 . Tht South 5.00 feet of Lot 'A' cf the SECOND A4104DED PLAT at zrooroar' 'r, fie., Book 5, at Poce 25. of the Pubic fteeor� of lArkteni-Oode Cou. ty. Flori the e Viieaterry '23 beet ora the Easterly 15.01 fact thereof A,lJO A„ thot rttozol area of c 5.O0 foot rudiut ere concave ra::t�`e�.erly, 5eino ror.,vrt to the Eo forty rare of Lot -Er ond tto r c •r Ltie SCCOuo Avlc1 D PLAT OF LJAQ CLL PARK. of recorded inPlatt Book 5. t Pogee northerlKinf 25 th^_ PutAic Recor== of Utcrni—Does County, Florida. S':r:i ;r EL s. Theroe! e,' itX t^rccc f the et:1 310 ice.of Lot A, SECvlri Amcni ED PLAT OF of-SnOL , PARK, !• n i-" aCCCrarng to 13=e!. et ragr. 2:i, of the Puoie Record:: at L!:arr, ter, i-R: {:cur..; Rx610. MIAMI BAY TRUST, LLC 3211 Ponce de Leon Blvd., Suite 301 Coral Gables, FL 33134 (305) 460-6300 Iris Escarra, Esquire Greenberg Traurig, PA 333 Avenue of the Americas Miami, Florida 33131 RE: Special Appearance Application Property: 601 NE 39 Street, Miami, Florida Dear Ms. Escarra: Miami Bay Trust LLC is the owner of the property located at 601 NE 39 Street Miami, Florida. This letter serves to advise you that Greenberg Traurig P.A. is authorized to file with the City of Miami a Special Appearance application on behalf of Miami Bay Trust, LLC. Miami Bay Trust LLC By. Joseph Milton, As Manager Date: fga /fig Zr i MIA 183,001,769v1 1-9-13 City of - V Miami OF„,.„, F\ �� MIAMI 21 CODE — ZONING REFERRAL _ * h� 1NC88P BAATED 18 98ee 1 * Q' i �1 O Rid' IN,,,,,, , .,...���_ Hearing Board (Planning Department) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Address of property(ies): 601 NE 39 Street Attached documents are for the following permit application: Waiver Appeal Exception Special Area Plan Warrant Appeal Amendment to the Code Zoning Change Variance Other Special Appearance Application COMMENTS: Special Appearance Application; Pursuant to Miami City Charter 3mm iii and Miami 21 Code Article 3 Section 3.11, any modifications to the aggregate setback and side -yard requirement (View Corridor), which is equal in length to at least twenty-five percent (25%) of the water frontage based on average lot width, must be approved by the city commission. Applicant soley requests to eliminate that the public be allowed to access the portion of the Baywalk within the project. All other Waterfront Standards will not be modified. H 73,ij,\- I Office of Zoning Date MIAMI BAY CLUB 601 NE 39' Street Miami, Florida GENERAL URBAN TRANSECT ZONE T4R APPLICATION FOR CITY COMMISION APPROVAL SUBJECT TO COMPLIANCE WITH THE CITY CHARTER, CITY CODE, MIAMI 21 ZONING CODE, AND ALL OTHER APPLICABLE CRITERIA, CONSIDERATIONS, AND REGULATIONS. Pursuant to the Miami City Charter Section 3mm iii and the Miami 21 Code Article 3 Section 3.11 this proposal for "Miami Bay Club", a Residential development, located at 601 NE 39th Street, Miami, Florida requires a Special Appearance Application. Proposal seeks a modification to eliminate public access to a portion of the Baywalk within the Project, which is subject to CITY COMMISSION APPROVAL. The waterfront residential -use development proposes 156 Residential Units, and 208 parking Space. Proposed project is located adjacent to a single-family residential neighborhood known as Baypoint to the north and Albert Pallet Park (aka Magnolia Park) with Interstate 195 located abutting to the south. REQUEST to the City Commission pursuant to City Charter Section 3(mm)(iii) for a modification to the waterfront setback (view corridor) requirement. Note: All required Special peunits such as Class IIs, Waivers, Warrants, Exceptions, and Variances shall require separate applications and are not part of this application. Devin Cejas Zoning Manager 1 -� I Zo% i Date OF GREEN AREA >ny D T.O.6 q- �tz58•N.76'v.o. aNf&1TXN, FICCE 6.p'x'vD f.YJ �GVU' E KIT ER ACCEx&'In CAMEO FLOOR NE 39th STREET t P WPM iP NMI xecxEArnN PVM P4MEx WALKWAY — 1— I rW.n rgrlACEs'upcxa Imo. i_ i Q 1 MAGNOLIA PARK i )CLUB HOUSE q�'r ONE STORY eject♦ BLDG. (13'-0" NGVD) rza n.a1-¢a uAA— E9vn .--f kddw Ix14 IIIIIIIIOIIIN❑ IIII IIIIIIIIItl111 TlifSl Rif GREEN AREA r'. IwIINwII."wE 1 IIIIh INIII IIIIIIIfIIII __._. `\ fef ammo BUILDING "A" 5-STORY BUILDING WITH BELOW -GRADE PARKING GARAGE FINISH FLOOR ELEVATION: 0'-0" (13'-0" NGVD) 'B' 'A' BISCAYNE BAY A LOCATION MAP /', PROPERTY LINE S87'46'59"W 327.1W LEGAL DESCRIPTION: PPMP P: PO VT TE011,59 443,4 OF ANEinEOPWr waM.PNIA TOtrtwTN _WEErTEEmEOMMEsaiTSOUTH MY PONTmZN10Y '"'" 'al -Vet 414 Al MOE el. EHKREC.. OF .44.1041021E POTE MESSSPE ^ , „S oESSO .a.r14M 70FLMITYLINC BUILDING 'A'. SITE FI'LAN NMt.a �.�.�I MA • RTY LIE AND WG„E uv TO REMAIN NO SMALL ON N A 0® PROJECT CAYNE BAY CITY OF HE+ARON FL:1_ W m .44 Z 0. W 1•- CO 0 wZ Oco �F0 Ca L�'i CC Ca .c a. co co i Ewa pZ� w xS m � sa SP-1 NE 39th ST (NORTH DRIVE) FIRE WALL OR PARTITION FIRE RATINGS M19wu giF7 EPioNc c1A1/ wAu MEM 2.11i1.iAEMt. PARTITION MEM z.,.FIRE RATED WWIwM ry (ia)(n) (?zj C.) Cr-) �)� () 1`si 8 L� LEGEND MON TV. J,....L.I..o.,ww,.,..v. ci..pwN.OT SPACE aexrkxrrwnuee ErK;wu;nE.AI II e BUILDING 'A' &'C' GROUND N LEVEL FLOOR PLAN (S uwrtnwwic'flv; u+c ..wm 1>a„ww.l, PARK 8.0f,lcm'P, Man SECTION A W C BUILDING 'A' &'C'-OVERALL GROUND FLOOR PLAN h. OP% MOM 1111 NM./ • o.n wlm.`—.0 Ky. A-1.0 i LO 111°12' B PONT /LOT 5 �T�H aWER Elm ' \ LDT4 \$O PAGE _pz PLATPAIL 0. BOOK �LOCK 3 fl MwwBVP. vs 'Pk. Ouviscp Wt---14Epp• WV' UPS of p nom N.- PLATBaBN5Pg. ]B �".,� VEST SSC oT wT •n n ,rfs1✓_�_-,TW'—irg"rt' llM. DAM _P 5P%TN__-_�i / . AREA UNDER CONSTRUCTION; / (AS OF 4/27/15) �`b ,/ / / % / / 419 SURVEYORS NOTES, {ws =nen1�M"sa ti , an : o1 Atts s. "'y': LOT B Lr4bSCane'2", 2.an tab..: (Pv..: 22•i. na +m a)ry w ,OP1-a]2ti.v5 WPru„e.-M%a au,v Du.. Mg.. moo. n 0x9 MM. Page .u11 =w ,. _ Paw.aea,. o...yaah.a .. As m�exla al. marge-orr long C.O. non nt n'te as .wn - . "221,',/u ._,.. LE i LEGEND LOT A (-TRACT A PER LEGAL) SECOND AMENDED PLAT OF MAGNOLIA PARK PLAT BOOK 5. PAGE 25 e_u NBAN oWATER nP o VAL. o _ UTILITY T, POLESVIVRANT XAsOPOLE eV QUOs • COMA UNA FENCE Ell 1.0P CESTPICAPON SAN suw.uas PAN . .P. MONUMENT p NCRLR i N u. o _ ASPHALT PAwMwT NOB°213g Fi GRAPHIC SCALE KNOW WHAT'S BELOW ALWAYS CALL 811 BEFORE YOU DIG r.' NAtast. Ns.trsNelw. w Ww.Callsunshina.cam -PARC/%EL / / / / / / NOT SUBDIVIDED/ LOCATION SKETCH SCALE: T"=30Of FLOOD Z(NrEAE (EL A // / ;/TT /FOUND NAIL Del Lw16V 112.141 SET RCM LONE VE (EL IO) / / k'NOT SUBDIVIDED 1-rw a EAST SINS OF SAOISIACTS SMITHS / tN. STATES HARBOR LWE WOWED COPOO,G VOTIE SOON SY VE RPOOR.T OF SAT AT TtESE P&COROSOw PLAT BOOK p. AT PMpE ( MAGNOLIA PARK MgOTA PART)aeArVAAnew' (NO LEGAL DESCRIPTION: PARCEL ns, 2,4 PARCEL w: =i w i.aab.a n Zt Bah.' a '14, i M n: «Waa =ds .1 u°„MO."D.)=ca.;w.11: 5 UR V YYORS CERTIFIGTION: 'eV= �, ., o, � mhu u . r n'r w r,a .a.+.a,w.a FpRTI fi 8, >- w a G ��g U a _ g Oz O m 2 CL OFF °gy>- m` cE 0 2 z O 12/1404 .40 BLB m No .1P5A xlam2, fart SPECIAL APPEARANCE APPLICATION AFFIDAVIT OF AUTHORITY TO 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. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, X 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. Iris Escarra, Esquire Applicant(s) Name Appiicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7 day of G � 20 15 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or whQJs produced as identification and who did (did not) take an oath. (Stamp) ignature :', "e��s MARISOL RODRiGUEZ Notary Public - State of Florida 4 My Comm Expos Sep 27, 2018 ';,1� � Commission 4 FF 153039 Rev. 07-2013 MIA 184657346v1 4 L APPEARANCE 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) Miami Bay Trust LLC Percentage of Ownershi # iG aij /4 &i4 &0/1:10,, �%gia&r/Oltifrn.57, V '� rr. go= 9pG y Subject Property Address(es) 601 NE 39 Street 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): 531 NE 39 Street 3880 NE 6 Avenue Owner(s) or Attorney Name MAGNOLIA PARK 2ND AMD PL PB5-25 E100FT OF W330FT OF LOT A MAGNOLIA PARK 2ND AMD PL. PB 5-25 LOT B vutt Owner(s) or Attorney Signature STATE OF FLORIDA — COUNTY OF MIAMI-DADE The foregoing acknows9dg d before me this 7c day of '> 20 , , by vJe9' ��/4)72/LJ who is a(n) individual/ T C'_ a(n) individual/partnership/corporation. He/She is personally known/ o me or who has produced as identification and who did (did not) takeanoath. rtner/agenticorporation of 1rsY'ei,,, BEATRIZBAQUEDANO • • rig ' .' MY COMMISSION # EE 083194 EXPIRES: June 17,2015 Sondes Thru Notary Public Underwriters Rev. 07-2013 MIA 184657346v1 5 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: (First me) HOME ADDRESS: '3UU CITY: J y (Middle) (Last Name) a -re OR. (Address Line 1) (Address Line 2) STATE: Florida ZIP: 33/39 HOME PHONE: ) W CELL PHONE: FAX: EMAIL: /�0((( %21C ( ,/',6TDya eat/ BUSSINESS or APPLICANT or ENTITY NAME Miami Bay Trust LLC BUSINESS ADDRESS: 3211 Ponce De Leon Blvd #301 (Address Line 1) Coral Gables, Florida 33134 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of public access closure for property located at 601 NE 39 Street, Miami, F1 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? Ei YES 0 NO If your 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 Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Stgnatare O //reY Print Name Sworn to and subscribed be � � of Jam/ L , 20�� ore me this The foregoing instrument was acknowledged before me by ,.)/ /L/rj�° , who has produced as identification and/or 6sonally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI' My COMMISSIO1 AQUEDANO til0N#EE083194 EX IItES h n Bonded Thru Notary Public Underwriters 1Enclesuie(i ""'°"" Notary P nt Name Doc. No.:86543 Page 2 11111111111111111 I111111111111111111111111111 This Instrument was Prepared by and Record and Return to: Name and Address: Thomas O. Katz, Esquire Katz Baskies LLC 2255 Glades Road Suite 240W Boca Raton, FL 33431 Property Appraisers Parcel 1.D. (Folio) Numbers(s): 01-3219-011-0040 Purchase Price: $10 CFN 2013R0332934 OR Bit 28603 Fogs 205? - 20601 (299s) RECORDED 04/29/2013 08:54:56 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA This Warranty Deed Made the 2nd day of April 2013, by JOSE MILTON, a married man, hereinafter called the grantor, to MIAMI BAY TRUST LLC, a Florida limited liability company, whose post office address is 3211 Ponce de Leon Blvd., Suite 301, Coral Gables, Florida 33134, hereinafter called the grantee: (Wherever 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 of corporations) Witnesseth: That the grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) 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, Florida, viz: Tract A, less the West 330 feet, SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in PIat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida, also that parcel of land lying between the East line of said Tract A and the United States Harbor line extended to the South by plat of Bay Point, according to the Plat thereof, as recorded in Plat Book 40, at Page 63, of the Public Records of Miami -Dade County, Florida. This instrument was prepared based on information provided by the grantor and without the benefit of a current title examination. Grantor warrants that at the time of this conveyance, the subject property is not the grantor's homestead, or the homestead of the grantor's family, 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: 160 Arvida Parkway, Coral Gables, Florida 33156. This transfer is exempt from documentary stamp tax due to the fact that the property is unencumbered and grantee is wholly owned by grantor, See Crescent Miami Center, LLC v. Florida Dept. of Revenue, 903 So. 2d 913 (Fla. 2005) and F.S. s. 201.0201(3). SUBJECT TO: 1. Taxes for the year 2013 and subsequent years; {00066892.DOC / l 1 Book28603/Page2059 CFN#20130332934 Page 1 of 2 OR BK 28603 PG 2060 LAST PAGE 2. Zoning restrictions, prohibitions, limitations and conditions imposed or required by any governmental body, authority or agency; 3. All matters appearing on the plat and/or common to the subdivision, including utility easements, without serving to reimpose same; and 4. Any matter created by, through, under or against the grantor named herein. Together with all the tenements, hereditaments 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 it 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. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness Signature X /-r- /?/f/ -Ei< Printekl1Namrr of Winless Printed Name of Witness STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Post Office Address: 2580 South Ocean Blvd., Unit R2A4 Palm Beach, Florida 33480 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by JOSE MILTON, who is pens 3.l.nawn to me or who has produced as identification. vr� W�TNE my hand and official seal in the County and State la afore .. e , is Z day , 2013. My Commission {00066892.DOC/ } BEATRIZ BAQUEDANO MY C01Il SS10N Y EE OB3194 G EXPIRES: June 17, 2015 Bonded Thu Notary Pubic Unde w1ters is ed, prin d or stamped name of Notary Public) Book28603/Page2060 CFN#20130332934 Page 2 of 2 State of Florida Department of State I certify from the records of this office that MIAMI BAY TRUST LLC is a limited liability company organized under the laws of the State of Florida, filed on December 22, 2004. The document number of this limited liability company is L04000092694. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on March 4, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Sixteenth day of June, 2015 le-e% 044A Secretary of State Tracking Number: CU0512558425 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https: //services.sunbiz. o rg/Filings/C a rtificateOfstatu s/CertificateAuth entication