HomeMy WebLinkAboutApplication & Supporting DocsVACATION AND CLOSURE APPLICATION.
Please refer to Chapter 55 of the Miami City Code for Vacation and Closure iltp i t y/. A "
rcaru�tl;
Ryan D. Bailine on behalf of MCREF Bird Road Development LLC and MCREF Bird Road Development II LLC
Applicant(s):
2. Description of area: See Attached Exhibit A
3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 81/2x11" prepared by a State of Florida
registered land surveyor.
4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8'/x11" prepared
by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and
the pertinent legal description of the area, within one year from the date of application.
5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than
three (3) months elapse before Zoning Board or City Commission approval.
6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property.
8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as
"Exhibit A". The original 8'/%x11" 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, Tess 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? .3305 +/-
17. What is the purpose of this application/nature of proposed use? Approval of Road Closure
Rev. 07-2013 2
ION AND CLOSURE APPLICATION
iiproperty iwithin the boundaries of a historic site, historic district or archeological zone?
econtagt the Planning and Zoning Department on the 3rd Floor for information. NO
191tihe grope y within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. NO
20. What would be the anticipated duration of the presentation in front of the:
0 Planning, Zoning and Appeals Board 30 minutes and/or II City Commission 30 minutes
21. Cost of processing according to Section 62-22 of the Miami City Code*:
Vacation of public right-of-way:
Original submittal:
a. Per square foot of right-of-way $ 2.00
Minimum $ 3,000.00
Maximum (Re -submittals) $ 4,000.00
b. Advertising $ 1,500.00
c. Mail notice fee per notice $ 4.50
d. Meeting package mailing fee per package $ 6.00
*Fees over $25, 000. 0 0, paid in the form of a certified check, cashier's check, or money order.
Signature/ L/ `/ Address
Name
Ryan Bailine, Esq.
Telephone 305-579-0508 E-mail
333 SE 2nd Avenue, 4400
Miami FL 33131
bailiner@gtlaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I'
The foregoing was acknowledged before me this a %-!^') day of
20 rj by Ryan D. Bailine
-eMc.Qt�tJL
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. rg/She is personally known to me or who has pr s uced
as identification and who did (did no ace an oat
(Stamp)
, :Y'ti F; M. DARLENE GONZALEZ
/6 *1 MY COMMISSION # EE 849281
W• ai EXPIRES: December 9 2016
,tag/ Bonded Thru Notary Public Underwriters
Signa 'ure
Rev. 07-2013
3
JION AND CLOSURE APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
(rieAnis day, the undersigned personally appeared Ryan D. Bailine
, who being by me first deposes and says:
That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete permission for
him/her to act in his/her behalf for the change or modification of a classification or regulation of
zoning as set out in the foregoing petition, ❑ including or 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.
Ryan D. Bailine
Applicant(s) Name tApplicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE (��
The foregoing was acknowledged before me this U1-0 "� day of
20 15 by Ryan Bailine
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. ,Je/She is personally known to me or who has produced
as identification and who did (did raot) take aoath.
(Stamp)
t Y'r"'%% M. DARLENE GONZALEZ
MY COMMISSION # EE 849281
V.. EXPIRES: December 9, 2016
'' p f:3QP Bonded Thru Notary Public Undenyriters
Signature
Rev. 07-2013
4
MCREF BIRD ROAD DEVELOPMENT PHASE II LLC
SECRETARY'S CERTIFICATE
June 30, 2015
The undersigned officer of MCREF Bird Road Development Phase II LLC, a Delaware
limited liability company (the "Company"), hereby certifies, as of the date hereof, as follows:
1. She is the duly elected, qualified and acting Chief Administrative Officer and
Secretary of the Company and in such capacity has the authority to certify to the authority of Jeff
Meran to execute documents on behalf of the Company.
2. Jeff Meran is the Senior Managing Director of the Company and, in his capacity
as Senior Managing Director of the Company and on behalf of the Company, has the requisite
power to enter into any contract and execute and deliver any instrument and sign any forms,
reports, schedules or filings required to be filed by the Company with any government or
regulatory agency.
IN WITNESS WHEREOF, I have executed this Secretary's Certificate as of the date first
set forth above.
-114,Lyk.4(.,646L
Trish McBratney
Chief Administrative Officer and Secretary
NAI-1500415682v1
VACATION AND CLOSURE APPLICATION
DISCLOSURE OF OWNERSHIP
1. 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) MCREF Bird Road Development Phase II LLC
Percentage of Ownership 100%
Subject Property Address (es) Approximately 3750 Bird Road, 3734 Bird Road, 3736 Bird Road,
3031 SW 37th Ct. 3090 SW 37th Ave, 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):
NONE
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Legal Description(s):
OwneAttorney Signature
The foregoing was acknowledged before me this c `f day of )L-4/Le
20 lj , by '€ Mlrci vl
who is a(n) individual/partner/agent/corporation vidual/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 anpath.
(Stamp)
ANDREA L. ROMERO
MY COMMISSION #EE123870
EXPIRES: AUG 21, 2015
Bonded through 1st State Insurance
Signature
Rev. 07-2013 6
VACATION AND CLOSURE APPLICATION
DISCLOSURE OF OWNERSHIP
1. 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) MCREF Bird Road Development LLC
Percentage of Ownership 100%
Subject Property Address(es) SW 40th Street (Bird Road) to Peacock Ave, and SW 38th Avenue to
SW 37th Court.
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):
NONE
Jeff Meran
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknow19:Ved before me this
20 IS— , by 3-efF I r !Mr
Legal Description(s):
Owner(s)orney Signature
c)(4
day of OL,Yt�_
who is a(n) igdividupartner/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)
ANDREA L. ROMERO
MY COMMISSION #EE123870
EXPIRES: AUG 21, 2015
Bonded through 1st State Insurance
Signature
Rev. 07-2013 5
Scale: 1 "=60'
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT-OF-WAY TO BE VACATED
LEGEND:
- CENTERLINE
- MONUMENT LINE
P. 0.B. - POINT OF BEGINNING
P.O.C. - POINT OF
COMMENCEMENT
R - RADIUS
d - DELTA ANGLE
L - ARC LENGTH
CH.B. - CHORD BEARING
CH.D. - CHORD DISTANCE
P.B. - PLAT BOOK
PG. - PAGE
R/W - RIGHT-OF-WAY
(R) - RECORD
(M) - MEASURED
NOTE:
S8748'41'W
S.W. 40th ST. (BIRD ROAD)
S87.48'34 "W(R
S8748'41 "W
(M)L=38.84'
R=25.00'
(M)A =89'01 '23"
CH.D=35.05'
CH.B.=S4740'37"E
A=89'01 '00 "(R)
L=39.70'(R)
e
et
LOT 18 BLOCK 10
REALTY SECURIIES CORPORA 1/ON S
PUT OF COCOANUT GROVE
(P.B. 2 PG. 85)
L=39.66'
R=25.00'
4=90'54'05"
CH.D=35.63'
CH.B. =542' 17'07"W
-------N8744'10
100.01'
EXHIBIT
A
4 — —
(STATE ROAD 976)
NORTHERLY BOUNDARY
LINE, TRACT 'A"
P.O.B. (P.B. 170, PG. 87)
ri
N
116.11' S8748'41 "W
L=39.70'(M)
R=25.00'
A=90'58'37"(M)
CH.D=35.66'
CH.B.=N42.19'23"E
A=90'58'33"(R)
L=39.70'(R)
100.01'
L=38.88'
R=25.00'
A=89'05'55"
CH.D=35.08'
CH. B.=N4742'53'W
1=89.06'01 "(R)
L=39.88'(R)
r
P.O.a
NORTHEAST CORNER,
TRACT "A"
(P.B. 170, PG. 87)
LOT 1
LOT 2
LOT 3
LOT 4
LOT 13
LOT 14
LOT 15
SOUTHERLY BOUNDARY LINE,
TRACT 'A" (P.B. 170, PG. 87)
PEACOCK AVE.
N
10-
1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (S8748'41 "W) ALONG THE MONUMENT LINE OF S.W. 40TH STREET
(BIRD ROAD).
2. SEE SHEET 2 FOR LEGAL DESCRIPTION.
PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT, INC.
r
e---CC LG/TEA E — SX'Z'A 2 LI2 ' 09-A.A.00
1n
LAND SURVEYORS • ENGINEERS •
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) w 5 0, FAX 652-8284.
THIS IS NOT A "LAND SURVEY."
ORDER NO.: 204609
DATE:
SHEET 1 OF 2 SHEET(S) F. B. N.A.
09-15-15
PREPARED UNDER MY -SUPERVISION
(LB-87)
MARK STEVEN JOHNSON, PRINCIPAL
FLORIDA PROF. LAND SURVEYOR NO. 4775
1
K. 14U04'f I \oLULI\ I U-KCNL I T JtLUrV 1 ICl,U1-(1-1./1-VA I ILAN J LI I Y UAI UM\LLUALJ\OWCI\JW 3/ et toad Ulosure 091515.dWQ
I
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT-OF-WAY TO BE VACATED
1
RIGHT-OF-WAY TO BE VACATED:
LEGAL DESCRIPTION.:
THAT PORTION OF THE RIGHT-OF-WAY FOR S.W. 37th COURT LYING BETWEEN SW. 40th STREET (BIRD ROAD) AND PEACOCK
AVENUE, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "A," MIAMI DOUGLAS STATION, " ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 170 AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN SOUTH 87
DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE NORTHERLY
BOUNDARY LINE OF SAID TRACT "A," FOR A DISTANCE OF 116.11 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
RIGHT -OF- WA Y TO BE VACATED; THENCE CONTINUE SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87
DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF SAID TRACT
"A," FOR A DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 89 DEGREES 01 MINUTES 23 SECONDS (RECORD 89 DEGREES 01 MINUTES 00 SECONDS), HAVING A RADIUS OF
25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 47 DEGREES 40 MINUTES 37 SECONDS EAST THROUGH A CHORD DISTANCE OF
35.05 FEET FOR AN ARC DISTANCE OF 38.84 FEET (RECORD 39.70 FEET) TO A POINT OF TANGENCY THENCE RUN SOUTH 03
DEGREES 09 MINUTES 56 SECONDS EAST (RECORD SOUTH 03 DEGREES 09 MINUTES 59 SECONDS EAST) ALONG THE WESTERLY
RIGHT-OF-WAY LINE OF S. W. 37th COURT FOR A DISTANCE OF 22729 FEET TO THE POINT OF CURVA TURE OF A CIRCULAR CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 54 MINUTES 05 SECONDS, HAVING A RADIUS OF
25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 42 DEGREES 17 MINUTES 07 SECONDS WEST THROUGH A CHORD DISTANCE OF
35.63 FEET, FOR AN ARC DISTANCE OF 39.66 FEET TO A POINT OF CUSP; THENCE RUN NORTH 87 DEGREES 44 MINUTES 10
SECONDS EAST (RECORD NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST) ALONG THE WESTERLY PROLONGATION OF THE
SOUTHERLY BOUNDARY LINE OF SAID TRACT "A," FOR A DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 05 MINUTES 55 SECONDS (RECORD 89 DEGREES
06 MINUTES 01 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG' CHORD BEARS NORTH 47 DEGREES 42 MINUTES 53
SECONDS WEST THROUGH A CHORD DISTANCE OF 35.08 FEET FOR AN ARC DISTANCE OF 38.88 FEET (RECORD 39.88 FEET) TO A
POINT OF TANGENCY; THENCE RUN NORTH 03 DEGREES 09 MINUTES 56 SECONDS WEST (RECORD NORTH 03 DEGREES 09 MINUTES
59 SECONDS WEST) ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID S.W. 37th COURT FOR A DISTANCE OF 22716 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 58
MINUTES 37 SECONDS (RECORD 90 DEGREES 58 MINUTES 33 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG' CHORD
BEARS NORTH 42 DEGREES 19 MINUTES 23 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.66 FEET, FOR AN ARC DISTANCE OF
39.70 FEET TO THE POINT OF BEGINNING.
SAID RIGHT-OF-WAY TO BE VACATED CONTAINING 14,398 SQUARE FEET, MORE OR LESS.
SAID RIGHT-OF-WAY TO BE VACATED LYING AND BEING IN SEC770N 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI,
MIAMI-DADE COUNTY, FLORIDA.
NOTE:
1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (S87'48'41 "W) ALONG THE MONUMENT LINE OF SW. 40TH STREET
(BIRD ROAD).
2. SEE SHEET 1 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION.
PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT, INC.
♦
cYcZ ITELTi2E-,'-V�ZIA.i2Li2 c A.AOCLL?,Z8 , (LB-87)
LAND SURVEYORS • ENGINEERS • LAND ,),?L.4AN P
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADS:(305) 652-7010 BROWARD:(954) 435-=70f0 FAX.:(305) 2�828�
•
775 ,i
PAR 'D:UNDER M>3 SUPERVI ION:
MARK', T,EVEN ':JOHN!SON; PRINCIPAL
FLORIDA PROF LAND SURVEYOR NO. 4775
•
K:1205441\BLOCK 10-REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwa\SW 37 Ct Road Closure 091515.dwo
ORDER NO.: 204609
THIS 1S NOT A "LAND SURVEY."
DATE: 09-15-15
SHEET 2 OF 2 SHEET(S) F B • N.A.
1
OPINION OF TITLE
To: CITY OF MIAMI, FLORIDA, a municipal corporation
With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA, a
municipal corporation, in compliance with Section 55-8 of the Miami City Code and as an inducement
for acceptance of a proposed final subdivision plat covering the real property described herein as
Parcel 1 and Parcel 2 (collectively, the "Property"), it is hereby certified that we have examined the
following (the "Title Evidence"):
(i) First American Title Insurance Company Owner's Title Insurance Policy No. 5011412-
0275840e covering the period from the BEGINNING through June 23, 2015 at 2:11:10 p.m., with
respect to the real property more particularly described on Exhibit "A" attached hereto and by this
reference incorporated herein ("Parcel 1"), as updated by First American Title Insurance Company
Search Update No. 1 under FATIC FAST File No. 1062-3431434 covering the period of June 23, 2015
at 8:00 A.M. through September 2, 2015 at 8:00 a.m.; and
(ii) Fidelity National Title Insurance Company Owner's Title Insurance Policy No. FL2346-
10-4035865-2013.2730609-90101314 covering the period from the BEGINNING through October 16,
2013 at 9:53 a.m., with respect to the real property more particularly described on Exhibit "B attached
hereto and by this reference incorporated herein ("Parcel 2), as updated by Chicago Title Insurance
Company Certificate of Search under File No. 5468157 covering the period of October 16, 2013 at
6:00 a.m. through September 3, 2015 at 6:00 a.m.
Basing our opinion solely on the aforesaid Title Evidence covering said time periods
referenced above, we are of the opinion that on the date last mentioned above, the fee simple title to
the Property was vested in:
As to Parcel 1: MCREF Bird Road Development Phase II LLC, a Delaware limited
liability company
As to Parcel 2: MCREF Bird Road Development LLC, a Delaware limited liability
company
Based solely upon my review of that certain Officer's Certificate of Limited Liability Company
Resolutions dated September c &', . 2015 and assuming such Officer's Certificate was duly
authorized and executed and has not been amended, rescinded or revoked, Jeff Meran, as Senior
Managing Director of both limited liability companies shown above has the authority to sign on behalf
of such limited liability companies.
Subject to the following encumbrances, liens and other exceptions:
1. RECORDED MORTGAGES:
As to Parcel 1: NONE
As to Parcel 2: Mortgage executed by MCREF Bird Road Development LLC, a
Delaware limited liability company, in favor of PNC Bank, National
Association, in the original principal amount of $44,930,600.00, dated
October 15, 2013, recorded October 16, 2013 in Official Records Book
28868, Page 1484, of the Public Records of Miami -Dade County,
Florida.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 2
2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS:
As to Parcels 1 and 2: NONE
3. GENERAL EXCEPTIONS: See attached Exhibit "B" attached hereto.
4. SPECIAL EXCEPTIONS: See attached Exhibit "C" attached hereto.
All of the recording information contained herein refers to the Public Records of Miami -Dade
County, Florida.
Therefore, it is our opinion that the following parties must join in the platting of the above
described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper
title to any dedicated areas shown on the final plat of the Property, the subdivision thereof to be
known as "MIAMI DOUGLAS STATION AMENDED":
Name
MCREF Bird Road Development
Phase II LLC, a Delaware
limited liability company
MCREF Bird Road Development
LLC, a Delaware limited
liability company
Cristal Associates, LLC, a Florida
limited liability company
PNC Bank, National Association
Interest Special Exception Number
Fee Simple Owner (Parcel 1) N/A
Fee Simple Owner (Parcel 2) N/A
Holder of a Right of Refusal 12
(Parcel 2)
Mortgagee (Parcel 2) 13
With respect to the reversionary rights for the right-of-way portion of the property to be closed
and vacated, as more particularly described in Exhibit "D" attached hereto and incorporated herein
(the "Street"), we have examined the Florida Statutes and have determined that Section 177.085(1) of
the Florida Statutes ("Statute") reads as follows:
"When any owner of land subdivides the land and dedicates streets, other roadways, alleys or similar
strips on the map or plat, and the dedication contains a provision that the reversionary interest in the
street, roadway, alley or other similar strip is reserved unto the dedicator or his or her heirs,
successors, assigns, or legal representative, or similar language, and thereafter conveys abutting Tots
or tracts, the conveyance shall carry the reversionary interest in the abutting street to the centerline or
other appropriate boundary, unless the owner clearly provides otherwise in the conveyance."
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 3
Based upon the presumption that all proper and appropriate steps have been taken to close the
Street, the presumption that none of the deeds in the chain of title of the abutting land contained a
personal reversionary interest in the abutting streets, and further presumption that none of the plats as
described in Exhibit "A" contained a personal reversionary interest, or required the joinder of any other
parties, it is our opinion that by virtue of the conditions set forth in the Statute, the Street to be vacated
will become the property of the abutting land owners to the centerline on each side.
I HEREBY CERTIFY that the legal description contained in Exhibit "A" coincides with, and is
the same as the legal description in the Tentative Plat entitled "MIAMI DOUGLAS STATION
AMENDED" as prepared by Schwebke-Shiskin & Associates, Inc., under File No. AJ-5289 dated June
9, 2015.
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the
State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this 2;4 day of September, 2015
GREENBERG TRAURIG, P.A.
LL
Brenda M. Fernandez, Attorney
Florida Bar#0501611
Greenberg Traurig, P.A.
333 SE 2nd Avenue
Miami, Florida 33131
(305) 579-0694
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
fA
The foregoing instrument was acknowledged before me this �1' day of September, 2015, by
Brenda M. Fernandez, who is personally known to me.
[Notary Seal]
!A:4,4 ARIANNA CABRERA
*ft% Notary Public - State of Florida
Commission # FF 168401
My Comm. Expires Oct 17, 20161
*% Bonded through National Notary Assn.
iy Public
State of Florida
,7G7r�r�
c-e
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 4
Exhibit "A"
Legal Description
PARCEL 1:
TRACT "A", MIAMI DOUGLAS STATION, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 170 AT PAGE 87 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
PARCEL 2:
THAT PORTION OF LOTS 18, 21 AND 24, BLOCK 10 OF REALTY SECURITIES CORPORATION'S
PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 2, AT PAGE 85 AND A PORTION OF TRACT A, REPLAT OF A PORTION OF BLOCK 10
REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 45, AT PAGE 67, BOTH PLATS OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A; THENCE
NORTH 87°48'34" EAST ALONG THE NORTH LINE OF SAID TRACT A ALSO BEING THE SOUTH
RIGHT-OF-WAY LINE OF BIRD ROAD FOR 237.94 FEET TO A POINT OF CURVATURE; THE
FOLLOWING FOUR (4) COURSES BEING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF
S.W. 37TH COURT AND NORTHERLY RIGHT-OF-WAY LINE OF PEACOCK AVENUE AS
RECORDED IN DEED BOOK 3101 AT PAGE 577 OF SAID PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; (1) THENCE RUN SOUTHEASTERLY ALONG A 25.00 FOOT RADIUS CURVE
LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89°01'27" FOR AN ARC DISTANCE
OF 38.84 FEET TO A POINT OF TANGENCY; (2) THENCE SOUTH 03°09'59" EAST FOR 227.29
FEET TO A POINT OF CURVATURE; (3) THENCE SOUTHWESTERLY ALONG A 25.00 FOOT
RADIUS LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90°54'09" FOR AN ARC
DISTANCE OF 39.66 FEET TO A POINT OF TANGENCY; (4) THENCE SOUTH 87°44°10" WEST
FOR 233.09 FEET; THE FOLLOWING TWO (2) COURSES BEING ALONG THE EASTERLY RIGHT-
OF-WAY LINE OF S.W. 38TH AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 11083 AT
PAGE 1566 OF SAID PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, (1) THENCE
NORTH 38°18'40" WEST FOR 30.59 FEET; (2) THENCE NORTH 03°07'34" WEST ALONG SAID
RIGHT-OF-WAY LINE BEING 12.00 FEET EAST OF THE WESTERLY LINE OF SAID TRACT A
FOR 249.02 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND
WHOSE RADIUS POINT BEARS SOUTH 34°27'30" EAST ; THENCE NORTHEASTERLY ALONG
THE SOUTHERLY RIGHT-OF-WAY LINE OF BIRD ROAD BEING ALONG A 25.00 FOOT RADIUS
CURVE LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 32°16'04" FOR 14.08 FEET
TO THE POINT OF BEGINNING.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 5
PARCEL 3:
LESS AND EXCEPT THE FOLLOWING PORTION OF PARCEL 2 DESCRIBED ABOVE TO BE
CONVEYED TO THE CITY OF MIAMI FOR RIGHT OF WAY PURPOSES:
A PORTION OF TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES
CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 45, AT PAGE 67, BOTH PLATS OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A; THENCE
NORTH 87°48'34" EAST, ALONG THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 12.00
FEET TO A POINT OF TANGENT CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A
CENTRAL ANGLE OF 90°56'08", A DISTANCE IF 39.68 FEET; THENCE NORTH 03°07'34" WEST
ALONG A LINE 12 FEET EAST OF THE WEST LINE OF SAID TRACT A, A DISTANCE OF 21.55
FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH A RADIAL
LINE BEARS SOUTH 34°27'30" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 32°16'04", A DISTANCE OF
14.08 FEET TO THE POINT OF BEGINNING.
ALL LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 6
Exhibit "B"
General Exceptions
As to Parcels 1 and 2:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey and inspection of the premises.
3. Easements, or claims of easements, not shown by the Public Records.
4. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the Public Records.
5. Taxes or special assessments which are not shown as existing liens by the Public
Records.
6. Any claim that any portion of said lands are sovereign lands of the State of Florida,
including submerged, filled or artificially exposed lands and lands accreted to such
lands.
7. Taxes and assessments for the year 2015 and subsequent years.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 7
Exhibit "C"
Special Exceptions
As to Parcel 1:
1) All matters either shown or recited on the plat of MIAMI DOUGLAS STATION, as recorded in
Plat Book 170, at Page 87, 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).
2) Terms and provisions of that certain Covenant to Run with the Land recorded June 9, 1983, in
Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida.
3) Agreement for Water and Sanitary Sewage Facilities, recorded September 7, 1995, in Official
Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida.
4) Terms and provisions of that certain Unity of Title recorded February 13, 1996, in Official
Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida.
5) Agreement for Water and Sanitary Sewer Facilities between Miami -Dade County and TREO
Douglas Station, LLC, recorded July 18, 2014, in Official Records Book 29234, Page 1220, of
the Public Records of Miami -Dade County, Florida, as affected by Assignment, Assumption
and Acceptance of Agreement Rights between TREO Douglas Station, LLC and MCREF Bird
Road Development Phase II, LLC, a Delaware limited liability company recorded August 26,
2015 in Official Records Book 29753, Page 19, of the Public Records of Miami -Dade County,
Florida
6) Terms, covenants and provisions of that certain Covenant Running with the Land recorded
July 18, 2014, in Official Records Book 29234, Page 1246, of the Public Records of Miami -
Dade County, Florida.
7) Terms and Provisions of that certain Agreement for Construction of Improvements Pursuant to
Provisions of Chapter 54, Section 54-46, and Chapter 55 of the Code of the City of Miami,
Florida, recorded February 6, 2015, in Official Records Book 29492, Page 2110, of the Public
Records of Miami -Dade County, Florida.
8) Survey prepared by Schwebke-Shiskin & Associates, Inc., dated June 8, 2015, and bearing
Job No. 2234, and Order No. 204214, discloses the following:
a. Chain Link fence extends beyond boundary at Northwest corner, Southwest corner and
at Southerly boundary.
b. Backflow Preventer Assembly and Post Indicator Valve appear at Southeast boundary
without benefit of easement.
c. Asphalt pad extends beyond boundary at Southwest corner.
d. Concrete curb encroaches on property at Southwest corner.
e. Sidewalk encroaches on property at North boundary.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 8
f. Sign encroaches on property at North Boundary.
g. Overhead wires encroach on and cross over property at East and West boundaries.
h. Aluminum Light Posts appear on property at Northeast boundary without benefit of
easement.
9) Notice of Commencement (Re: Interior Renovation) recorded August 12, 2015, in Official
Records Book 29734, Page 4123, of the Public Records of Miami -Dade County, Florida.
As to Parcel 2:
10) Agreement for Water and Sanitary Sewage Facilities recorded June 25, 2013 in Official
Records Book 28696, Page 86, of the Public Records of Miami -Dade County, Florida, as
affected by Assignment, Assumption and Acceptance of Agreement Rights between Cristal
Associates, LLC and MCREF Bird Road Development, LLC, a Delaware limited liability
company recorded January 10, 2014 in Official Records Book 28983, Page 4020, of the Public
Records of Miami -Dade County, Florida and as amended by Addendum Number One to
Agreement for Water and Sanitary Sewage Facilities recorded February 5, 2014 in Official
Records Book 29018, Page 137, of the Public Records of Miami -Dade County, Florida.
11) Application and Acceptance of Conditional Building Permit and Estoppel Notice recorded
September 19, 2013 in Official Records Book 28829, Page 2275, of the Public Records of
Miami -Dade County, Florida.
12) Right of First refusal in favor of Cristal Associates, LLC, a Florida limited liability company
contained in the unrecorded Agreement for the Purchase and Sale of Real Property dated
August 17, 2012.
NOTE: The term of said right of first refusal is three (3) years from the date of the sale from
Cristal Associates, LLC, a Florida limited liability company to MCREF Bird Road Development
LLC, a Delaware limited liability company and the date of sale is October 10, 2013 pursuant to
that certain Special Warranty Deed dated October 10, 2013 and recorded October 16, 2013 in
Official Records Book 28868, Page 1479 of the Public Records of Miami -Dade County,
Florida.
13) Mortgage executed by MCREF Bird Road Development LLC, a Delaware limited liability
company, in favor of PNC Bank, National Association, in the original principal amount of
$44,930,600.00, dated October 15, 2013, recorded October 16, 2013 in Official Records Book
28868, Page 1484, of the Public Records of Miami -Dade County, Florida.
14) Assignment of Leases and Rents by MCREF Bird Road Development LLC, a Delaware limited
liability company, in favor of PNC Bank, National Association, dated October 15, 2013,
recorded October 16, 2013 in Official Records Book 28868, Page 1517, of the Public Records
of Miami -Dade County, Florida.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 9
15) UCC-1 Financing Statement in favor of PNC Bank, National Association, dated October 15,
2013, recorded October 16, 2013 in Official Records Book 28868, Page 1528, of the Public
Records of Miami -Dade County, Florida.
16) Notice of Commencement (Re: Construction of multifamily property containing 262 dwelling
units) recorded November 5, 2013 in Official Records Book 28899, Page 2155, of the Public
Records of Miami -Dade County, Florida, as amended and restated by Amended and Restated
Notice of Commencement (Re: Construction of multifamily property containing 262 dwelling
units) recorded August 11, 2015 in Official Records Book 29733, Page 1628, of the Public
Records of Miami -Dade County, Florida.
17) Grant of Easement in favor of Comcast of California/Colorado/Florida/Oregon, Inc. recorded
September 22, 2014 in Official Records Book 29317, Page 3731, of the Public Records of
Miami -Dade County, Florida.
18) Easement in favor of Florida Power and Light recorded March 2, 2015 in Official Records Book
29520, Page 3425, of the Public Records of Miami -Dade County, Florida.
19) Easement in favor of Florida Power and Light recorded March 2, 2015 in Official Records Book
29520, Page 3428, of the Public Records of Miami -Dade County, Florida.
NOTE: This opinion is subject to the following assumptions with respect to (i) Notice of
Commencement listed as Special Exception 9 which is set to expire by its terms on October 31, 2015,
and (ii) a Notice of Commencement listed as Special Exception 16 which is set to expire by its terms
on May 31, 2016, and which relate to ongoing construction work at the Property, that if any parties
having any rights to file a claim of lien that would relate back to the date of recording of such
applicable Notice of Commencement would actually file such claim of lien then such recorded claim of
lien will be satisfied, released or transferred to bond within 10 days of its filing but in any event before
the recordation of the final plat of MIAMI DOUGLAS STATION AMENDED.
NOTE: That portion of the legal description described as Parcel 3 in Exhibit A attached to this Opinion
of Title is being conveyed by MCREF Bird Road Development LLC to City of Miami, a copy of the
signed Right -of -Way Deed is attached as Exhibit "E" to this Opinion. Approval and acceptance of the
Right -of -Way Deed by the City of Miami Commission is scheduled for October 22, 2015. Once it is
approved and executed by the City of Miami, it will be recorded in the public records of Miami -Dade
County, Florida.
MIA 184873922v1
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 10
Exhibit D"
LEGAL DESCRIPTION OF STREET BEING VACATED
[SEE ATTACHED SKETCH AND LEGAL DESCRIPTION PREPARED BY
SCHWEBKE-SHISKIN & ASSOCIATES, INC. UNDER ORDER NO. 204609 DATED 09-15-15]
MIA 184873922v1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT-OF-WAY TO BE VACATED
Scale: 1 "=60'
LEGEND:
- CENTERLINE
- MONUMENT LINE
P.O.B. - POINT OF BEGINNING
P.O.C. - POINT OF
COMMENCEMENT
R - RADIUS
A - DELTA ANGLE
L - ARC LENGTH
CH. B. - CHORD BEARING
CH.D. - CHORD DISTANCE
P.B. - PLAT BOOK
PG. - PAGE
R/W - RIGHT -OF- WAY
(R) - RECORD
(M) - MEASURED
NOTE:
— S87 48'41 "W I I
S. W.. 40th ST. (BIRD ROAD)
S87'48'34 "W(R)
S8748'41 "W
—
(M)L=38.84'
R=25.00'
(M)A =89'01 '23"
CH.D=35.05'
CH.B.=S47'40'37"E
A=89'O 1 '00 "(R)
L=39.70'(R)
0
0
LOT 18, BLOCK 10
REALTY SECURI R£S CCRPORA110N S
PUT OF COCOANUT CROW
P.B. 2, PC 85
L=39.66'
R=25.00'
A =90'54'05"
CH.D=35.63'
CH.B. =S42' 17'07"W
- N87'44'10"
100.0
1'
N
-10
ATE ROAD 976)
NORTHERLY BOUNDARY
LINE, TRACT 'A°
(P.B. 170, PG. 87)
P.O.B.
116.11' S8748'41"W
L=39.70'(11)
R=25.00'
A=90'58'37"(M)
CH.D=35.66'
CH.B. =N42' 19'23"E
A=90'58'33"(R)
L=39.70'(R)
100.01'
L=38.88'
R=25.00'
A =89'05'55"
CH. D=35.08'
CH.B.=N47'42'53"W
A=89'06'01 "(R)
L=39.88'(R)
NORTHEAST CORNER,
TRACT "A"
(P.B. 170, PG. 87)
1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 13
LOT 14
LOT 15
SOUTHERLY BOUNDARY LINE,
TRACT A" (P.B. 170, PC. 87)
PEACOCK AVE
1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (58748'41"W) ALONG THE MONUMENT LINE OF S.W. 40TH STREET
(BIRD ROAD).
2. SEE SHEET 2 FOR LEGAL DESCRIPTION.
PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT, INC.
cCaLLreSr e-SS%ii b2
LAND SURVEYORS • ENGINEERS • LAND PL.ANt"JEi R5
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE•(305) 652-7010 BROWARD:(954) 435-7010 FAX(305) 652-8284
THIS IS NOT A "LAND SURVEY."
SHEET 1 OF 2 SHEET(S)
ORDER NO• 204609
DATE: 09-15-15
F B • N.A.
PREPARED UNDER MY SUPERVISION:
s.,
(LB-87)
MARK STEVEN JOHNSOIJ, PRINCIPAL
FLORIDA PROF. LAND SURVEYOR NO. 4775
K:\205441\BLOCK 10-REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwa\SW 37 Ct Road Closure 091515.dwa
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT-OF-WAY TO BE VACATED
RIGHT—OF—WAY TO BE VACATED:
LEGAL DESCRIPTION:
THAT PORTION OF THE RIGHT—OF—WAY FOR S.W. 37th COURT LYING BETWEEN S.W. 40th STREET (BIRD ROAD) AND PEACOCK
AVENUE, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT 'A," MIAMI DOUGLAS STATION," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 170 AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE RUN SOUTH 87
DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE NORTHERLY
BOUNDARY LINE OF SAID TRACT "A," FORA DISTANCE OF 116.11 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
RIGHT—OF—WAY TO BE VACATED; THENCE CONTINUE SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87
DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF SAID TRACT
"A," FORA DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 89 DEGREES 01 MINUTES 23 SECONDS (RECORD 89 DEGREES 01 MINUTES 00 SECONDS), HAVING A RADIUS OF
25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 47 DEGREES 40 MINUTES 37 SECONDS EAST THROUGH A CHORD DISTANCE OF
35.05 FEET, FOR AN ARC DISTANCE OF 38.84 FEET (RECORD 39.70 FEET) TO A POINT OF TANGENCY; THENCE RUN SOUTH 03
DEGREES 09 MINUTES 56 SECONDS EAST (RECORD SOUTH 03 DEGREES 09 MINUTES 59 SECONDS EAST) ALONG THE WESTERLY
RIGHT—OF—WAY LINE OF S.W. 37th COURT FORA DISTANCE OF 22729 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 54 MINUTES 05 SECONDS, HAVING A RADIUS OF
25.00 FEET, AND WHOSE LONG' CHORD BEARS SOUTH 42 DEGREES 17 MINUTES 07 SECONDS WEST THROUGH A CHORD DISTANCE OF
35.63 FEET FOR AN ARC DISTANCE OF 39.66 FEET TO A POINT OF CUSP; THENCE RUN NORTH 87 DEGREES 44 MINUTES 10
SECONDS EAST (RECORD NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST) ALONG THE WESTERLY PROLONGATION OF THE
SOUTHERLY BOUNDARY LINE OF SAID TRACT "A," FORA DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 05 MINUTES 55 SECONDS (RECORD 89 DEGREES
06 MINUTES 01 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 47 DEGREES 42 MINUTES 53
SECONDS WEST THROUGH A CHORD DISTANCE OF 35.08 FEET, FOR AN ARC DISTANCE OF 38.88 FEET (RECORD 39.88 FEET) TO A
POINT OF TANGENCY; THENCE RUN NORTH 03 DEGREES 09 MINUTES 56 SECONDS WEST (RECORD NORTH 03 DEGREES 09 MINUTES
59 SECONDS WEST) ALONG THE EASTERLY RIGHT —OF— WAY LINE OF SAID S. W. 37th COURT FORA DISTANCE OF 22716 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 58
MINUTES 37 SECONDS (RECORD 90 DEGREES 58 MINUTES 33 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD
BEARS NORTH 42 DEGREES 19 MINUTES 23 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.66 FEET, FOR AN ARC DISTANCE OF
39.70 FEET TO THE POINT OF BEGINNING.
SAID RIGHT—OF—WAY TO BE VACATED CONTAINING 14,398 SQUARE FEET MORE OR LESS.
SAID RIGHT—OF—WAY TO BE VACATED LYING AND BEING IN SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI,
MIAMI—DADE COUNTY, FLORIDA.
NOTE.:
1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (S87 48'41 "W) ALONG THE MONUMENT LINE OF S. W. 40TH STREET
(BIRD ROAD).
2. SEE SHEET 1 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION.
PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT INC.
LAND SURVEYORS • ENGINEERS • LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) '435--7010 FAX:(305) 652.-'284
THIS IS NOT A "LAND SURVEY."
ORDER NO.: 204609
DATE: 09-15-15
SHEET 2 OF 2 SHEET(S) F B • N.A.
PARED `: UNDER MY- SUPERVISION::
(LB-87)
MARK STEVEN JOHNSON, PRINCIPAL
FLORIDA PROF. LAND SURVEYOR NO. 4775
ram.......
K.\Gub441\t3Luut. 10-REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwq\SW 37 Ct Road Closure 091515.dwq
Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT
Page 11
Exhibit "E"
Copy of Right of Way Deed for Parcel 3
[SEE ATTACHED]
MIA 184873922v1
This Instrument Prepared by:
Victoria Mendez, City Attorney
OFFICE OF THE CITY ATTORNEY
City of Miami, Florida
444 S.W. 2 Avenue, 9'" Floor
Miami, Florida 33130-1910
After Recordation Return to:
Enrique Pousada, P.S.M., Senior Surveyor
PUBLIC WORKS DEPARTMENT
City of Miami, Florida
444 S.W. 2 Avenue, 8m Floor
Miami, Florida 33130-1910
(Space Above for Recorder's Use Only)
Folio Number: 01-4120-001-0010
Address: 3760 Bird Road, Miami FI 33146
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of , A.D. 2015,
between MCREF BIRD ROAD DEVELOPMENT LLC, a Delaware Limited Liability
Company, authorized to transact business in the State of Florida, whose address is
2001 Bryan Street, Suite 3275, Dallas, Texas 75201, grantor, and the CITY OF MIAMI,
a Florida municipal corporation, P.O. Box 330708, Coconut Grove Station, Miami
33233-0708, of the County of Miami -Dade, in the State of Florida, grantee.
WITNESSETH that the said grantor, for and in consideration of the sum of ONE
DOLLAR ($1.00) and other good and valuable consideration to it in hand paid by the
said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said grantee, its successors in interest, for the purpose of a public highway
and/or road and other purposes incidental or related thereto, all right, title, interest,
claim or demand of the said grantor, in and to the following described land, situate, lying
and being in the County of Miami -Dade and the State of Florida, to wit:
See attached EXHIBIT "A" attached hereto and made a part hereof.
And the said grantor does hereby fully warrant the title to said land, and will
defend the same against the lawful claims of all persons whomsoever.
It is the intention of the said grantor hereto by this instrument to convey to the
said grantee, and its successors in interest, the land herein described for use as a
public right-of-way.
Page 1 of 5
IN WITNESS WHEREOF, the said grantor has caused these presents to be
executed the day and year above written.
Signed, sealed and delivered
in the presence of us:
WIT TO BOTH SIGNATURES
�.�w keib
PRINT NAME (FIRST WITNESS)
3 a 55 6-t (LI5 /244 4t4)34
*gOcP.44-0►n re_ -nK31
PRINT ADDRESS
ITNESS T ITNESS TO BOTH SIGNATURES
PRINT NAME (SECOND WITNESS)
22 SC C ,0/1k(e-3/1
PRINT ADDRESS
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
MCREF BIRD ROAD DEVELOPMENT LLC
A Delaware Limited Liability Company
By:
RAN
anaging Director
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgements, JEFF MERAN, as Senior
Managing Director of MCREF BIRD ROAD DEVELOPMENT LLC, a Delaware Limited Liability
Company, who is personally known to me or who has produced
as identification and who executed the foregoing instrument freely and voluntarily for the
purposes therein expressed and who did not take an oath.
WI ;j NESS my hand and official seal this 2Z" ay of
SIGNATURE OF PERSON
TAKING ACKNOWLEDGEMENT f
Printed Name of Acknowl�,�lger . y r-t 7. 4
Notary Public, State of f'JJc
Serial or Commission Number: (if any)
My Commission Expires:
Page 2 of 5
A.D., 2015.
KERRIAN T. WALKER
.. Commission # FF 062563
Expires June 5, 2016
, &vWA Thai Troy Fin $ 385.7ui4
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL
AND CORRECTNESS: DESCRIPTION:
Victoria Mendez EDUARDO SANTAMARIA, P.E., CGC
CITY ATTORNEY DIRECTOR
ASSISTANT CITY ATTORNEY
This Instrument Accepted
Pursuant to Resolution No.
Passed and Adopted
Page 3 of 5
RIGHT-OF-WAY DEDICATION
MODERA BIRD
LEGAL DESCRIPTION
A PORTION OF TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S
PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, AT
PAGE 67, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A; THENCE NORTH
87°48'34" EAST, ALONG THE NORTH LINE OF SAID TRACT "A", A DISTANCE OF 12.00 FEET TO A POINT OF
TANGENT CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°56'08", A DISTANCE OF 39.68
FEET; THENCE NORTH 03°07'34" WEST ALONG A LINE 12 FEET EAST OF THE WEST LINE OF SAID TRACT
"A", A DISTANCE OF 21.55 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT
WHICH A RADIAL LINE BEARS SOUTH 34°27'30"' EAST; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 32°16'04", A DISTANCE OF 14.08
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA AND CONTAIN 123 SQUARE
FEET, MORE OR LESS.
NOTES:
1. THIS DRAWING IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL CFA FLORIDA UCENSED SURVEYOR AND MAPPER
2. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLATS) UNLESS OTHERWISE INDICATED.
3. THERE MAY BE ADDRIONAL RESTRICTIONS NOT SHOWN HEREON THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. SUCH
INFORMATION SHOULD BE OBTAINED BY OTHERS THROUGH AN APPROPRIATE TITLE SEARCH.
4. RECORDING INFORMATION REFERS TO PUBLIC RECORDS OF MIAMI-DADE COUNTY UNLESS OTHERWISE INDICATED.
5. THIS IS NOTA SURVEY. IT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
ABBREVIATIONS:
A ° ARC LENGTH P.O.B. = POINT OF BEGINNING
B.C.R. = BROWARD COUNTY RECORDS P.O.C. = POINT OF COMMENCEMENT
D = DELTA (CENTRAL ANGLE) R = RAO(US
D.E. it DRAINAGE EASEMENT RAY a RIGHT-OF-WAY
P.B. = PLAT BOOK U.E. = UTILITY EASEMENT
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE CONTAINED IN
CHAPTER 2014.147 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
CD40.Q.A40
DONNA C. WEST
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION N0. LS4290
HSQ GROUP, INC,
Engineers • Planners • Surveyors
1489 West Palmetto Park Rd., Sufe 340
Boca Raton, Florida 33488.561.392.0221
CA26258 • LB7924
PROJECT: MODERA BIRD
PROJECT NO.: 1208-43
DATE: 9/9/13
SHEET 1 OF 2
ZtSurvey Prolectst20,1U 208-173 Aiodera 01rtNeg°ls4nb iw deMkatl°n.doa
BIRD ROAD
(STATE ROAD NO. 976)
(SW 40TH STREET/BIRD DRIVE)
P.O.B.
MOST NORTHERLY
NW CORNER
TRACT A'
R=25,00'
D=32'16'04"
A=14.08'
PROPOSED
RIGHT OF WAY ,'
i
i�
rf 1
32'
12'
N87°48'34"E
12.00'
•, R=25.00'
0=90°58'08"
,\ A=39.88'
N. LINE TRACT
'TRACT A"
REPLAT OF A PORTION OF BLOCK 10
REALTY SECURI77ES CORPORAI7ON'S PLAT
OF COCOANUT GROVE
(P.B. 45, PC. 67)
LEGEND:
CENTERLINE
%
PROPOSED RIGHT-OF-WAY
REVISIONS
PROJECT: MODERA BIRD
PROJECT NO.: 1208-43
9/9113
DATE
WJR
BY
0Cw
CK'D
NIA
FIELD BK.
SCALE: 1" = 20'
SHEET 2 OF 2
?Amoy ProlecIs12012112O -43S Modera 9lydldwg1120843ekdwg, Model
T T Y 0 F MI A MI
PLANNING & ZONING DEPARTMENT
URBAN DEVELOPMENT REVIEW BOARD (UDRB)
RESOLUTION FOR RECOMMENDATION
U D R B MEETING- 0 7/ 1 5/ 2 0 1 5
Item No.6
A motion was made by NEIL HALL and seconded by ROBIN BOSCO for a Resolution
recomnaencling to the Director of the Department of Planning & Zoning APPROVAL
WITH CONDITIONS for the project MODERA STATION located at
3750 Bird Road with a vote of 6 to 1.
Vote List
Yes
No
Recused
Absent
Robert Behar (Chairman)
X
■
•
■
Dean Lewis (Vice Chair)
X
0
■
■
Willy Bermello
El
X
•
■
Robin Bosco
X
•
■
■
Neil Hall
X
❑
■
■
Gerald C. Marston
X
•
■
■
Fidel Perez
X
❑
•
II
Jesus Permuy
X
•
■
•
Anthony Tzamtzis
X
■
■
II
CONDITIONS:
1. Provide retail along SW 37 Court.
2. East and North facades to respond to the zero lot line condition.
3. Integrate drop off and pick up along Peacock Avenue.
Francisco Garcia,
Planning & Zoning Director
OPAMILACREEK
.dde RESIDENTIAL
Modem Bird
Print W150826153
Date: 08/26115
LatiLoin: 25.7345'98 -80.255475
Order No. 53406
Aerial Phciliagraphy. Inc 954-568-0484
.MILL CREEK
t.ESlDENTlAL
Modera Bird
Print #9 50826152
Dale: 088/15
Lat+1ori:25.734598-80.255475
Order No. 53406
Aerial Photography, Inc. 954-568-04a4
MILL CRE
AESIDENTIAL
EK
Modera Bird
Print #150826151
Date: 08/26/15
LatilOn: 25.734598 -80.255475
Order No. 53406
alb—. Aerial Photography, Inc. 954-5511-0484
Gonzalez, Darlene (Para-Mia-LDZ-RE)
From: Rodriguez, Ivan M. <IRodrigu@dadeschools.net>
Sent: Tuesday, June 16, 2015'10:55 AM
To: Gonzalez, Darlene (Para-Mia-LDZ-RE)
Cc: Concurrency Management; Villaamil, Vivian G.; 'Mark Johnson'; afiore@miamigov.com;
epousada@miamigov.com; Levine, Michael
Subject: FW: Corrected Email for Extension #1 of Concurrency Reservation for Treo Douglas
Station, LLC - Miami Doughlas Station
Attachments: Treo Douglas Station, LLC - Miami Douglas Station Ext. No. 1 (14.05) PT0114XXX749.pdf
Darlene,
In response to your inquiry, please be advised that there is no need to submit a new application for the new proposed
plat that intents to merge the properties for both, Modera Bird Apartments (under construction) and Miami Douglas
Station. Our comments follow:
1) Modera Bird Apartments (MA0113073000762) - 262 multifamily units - has already started construction, therefore
the school concurrency reservation will remain with the application and does not require any extensions of time any
longer.
2) MIAMI DOUGLAS STATION (MA0114031000749) Treo Douglas Station, LLC -181 multifamily units - has a current
school concurrency certificate (see attached) which will expire in March 12, 2016. This certificate goes with the land and
does not need to be tested for school concurrency again, unless the number and/or type of units is altered. Since you
are in the process of changing ownership, all you need is to request a revision to the ownership ($85 fee) at the
appropriate time, and you need to request an extension of school concurrency reservation 180 days prior to expiration.
I hope this clarifies the information you had requested. Thanks! IMR
Ivan M. Rodriguez, R.A., Director
Planning, Design and Sustainability
Miami -Dade County Public Schools
1450 NE 2 Avenue, Room 540-A
Miami, Florida 33132
(305) 995-4501
Original Message
From: Rodriguez, Ivan M.
Sent: Wednesday, November 05, 2014 5:57 PM
To: Concurrency Management; 'oboudet@treogroup.com; 'ines.marrero@hklaw.com'
Cc:'amencio@miamigov.com;'epousada@miamigov.com';'afiore@miamigov.com'; Rijo-conde, Ana F.; Levine,
Michael; Villaamil, Vivian G.
Subject: RE: Corrected Email for Extension #1 of Concurrency Reservation for Treo Douglas Station, LLC - Miami Doughlas
Station
CORRECTED EMAIL - Corrected expiration date on email to read MARCH 12, 2016
Dear Applicant:
1
We have processed your request to extend the school concurrency capacity reservation for the above -referenced
application, under Master Concurrency Number MA0114031000749. The school capacity reservation for this Plat
application will expire on MARCH 12, 2016. Concurrency reservation may be extended for additional one-year periods,
provided 1) City of Miami confirms the application is still valid; 2) you request an extension at least 120 days prior to the
expiration date, via email address concurrencv@dadeschools.net, and 3) the total reservation period does not exceed
six years from the original effective date of this certificate.
Failure to request an extension at least 120 days prior to the expiration date will result in revocation of the reservation,
and a new application must be submitted. Extensions will be granted, upon payment of the corresponding review fee
and acknowledgement from the local government. The reservation period may not exceed the term of the development
approval issued by the City of Miami.
Should you have any questions, please feel free to contact me at 305-995-4501.
Ivan M. Rodriguez, R.A., Director I
Planning, Design and Sustainability
Miami -Dade County Public Schools
1450 NE 2 Avenue, Room 540-A
Miami, Florida 33132
(305) 995-4501
2
Conrqr'e:ncy Mcinngetrient Siste:rtt (CRiS;)
Miami Dade County Public SchooIs.
Miami
School
MDCPS Application Number:
Date Application Received:
Type of Application:
Applicant's Name:
Address/Location:
Master Folio Number:
Additional Folio Number(s):
Name of Subdivision:
PROPOSED # OF UNITS
SINGLE-FAMILY DETACHED UNITS:
SINGLE-FAMILY ATTACHED UNITS:
MULTIFAMILY UNITS:
-Dade County Public
Concurrency Management
Concurrency Determination
PT0114031000749
Schools
System
Local Government
LG Application Number:
Sub Type:
Florida 33133
(LG): Miami
.
3/10/2014 2:39:28 PM
14.05
Plats
LLC
Re -Plat
Treo Douglas Station,
0141170031780,
1830
2950 SW 27 Avenue, No.300, Miami,
0141170031820 '
0141170031760,
STATION
0141170031770,
T-Plat number:
0141170031750,
MIAMI DOUGLAS
181
0
0
181
.................... ...........
CONCURRENCY SERVICE AREA SCHOOLS
CSA Facility Name Net Available Seats Seats LOS Source Type
Id Capacity Required Taken Met
5561
PRANCES S TUCKER •40 9
ELEMENTARY
9
YES Current CSA
16741
PONCE DE LEON MIDDLE 1D3
5
5
YES
Current CSA
7071
CORAL GABLES SENIOR -452
6
0
NO
Current CSA
7071 (CORAL
GABLES SENIOR
1146
•
6
6
YES
Current CSA Five
Year Plan
ADJACENT SERVICE AREA SCHOOLS
*An Impact reduction of 21.13% included for charter and magnet schools (Schools of Choice).
MDCPS
MEET (Concurrency
has conducted a public school concurrency review for this application and has determined
Met) all applicable LOS Standards for a Final Development order as adopted
Educational Element and incorporated in the Interlocal Agreement for Public
In Miami -Dade County.
that it DOES
In the local
School Facility
Government's
Planning
Master
Number:
Extension
Issue
Capacity
Concurrency MA0114031000749
Total Number
Units:
Ex. iration
eni•.r: 6
of
Date:
181
—
3/12/2016
4:00:57 AM
Number: 1
Date: 3/12/201 !4:00:57 AM
Reserved: Eleme�,ry • / Middl-:5 /
/ /I, / / /
MDCPS Administrator ®
MDCPS Authorized Signature
1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax /
concurrency@dadeschools.net
State of Florida
Department of State
I certify from the records of this office that MCREF BIRD ROAD
DEVELOPMENT LLC is a Delaware limited liability company authorized to
transact business in the State of Florida, qualified on August 12, 2013.
The document number of this limited liability company is M13000005041.
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 April 9, 2015, and that its status is active.
I further certify that said limited liability company has not filed a Certificate of
Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Eighteenth day of August,
2015
VA% atii4A
Secretary of State
Tracking Number: CU5871994880
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https: //services un b iz. o rg/Filings/CertificateOfStatu s/CertificateAuth entication
oFa, ° .. 4`°p
"�
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:
HOME ADDRESS:
CITY:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
STATE: Florida ZIP:
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
MCREF Bird Road Development LLC
BUSINESS ADDRESS: 2255 Glades Road, Suite 423A
(Address Line 1)
Boca Raton, FL 33431
(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 Special Appearance for property at approximately 3760 Bird Road, Miami, FL
for Vacation and Closure application
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES 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.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Signature
.3 e f\r\aoi1
Print Name
Sworn to and subscribed before me this ,:g9 day of 0.ine_ , 200 Jc . The foregoing
instrument was acknowledged before me by „ J Pc Moran , who has produced
as identification and/or is personally known to me and ,,,t, aid/7 fd 11nt tak�nn oath
r `
STATE OF FLORIDA
CITY OF MIAMI C:274 ...--....______
lPr pV ANDREA L. ROMERO
MY COMMISSION #EE123870
EXPIRES: AUG 21, 2015
Bonded through 1st State Insurance
MY COMMISSION Notary
EXPIRES: 'g/$///r Pilelr.t-AL gbrne
vb
Print Name
Enclosure(s)
Doc. No..86543 Page 2
CFN: 20150401646 BOOK 29667 PAGE 4064
DATE:06/23/2015 02:11:10 PM
DEED DOC 60,600.00
SURTAX 45,450.00
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
This instrument prepared by and
when recorded return to:
Steven J. Vainder, Esq.
White & Case LLP
200 South Biscayne Blvd., Suite 4900
Miami, Florida 33131
Tax Folio Number: a portion of 01-4117-003-1750, 01-4117-003-1760, 01-4117-003-1770, 01-4117-003-1780, and
01-4117-003-1820
Space above this line for recorder's use
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this 720u9 day of June, 2015, by TREO
DOUGLAS STATION, LLC, a Florida limited liability company ("Grantor"), whose mailing address is
2950 Southwest 27th Avenue, Suite 300, Miami, FL 33133, in favor of MCREF BIRD ROAD
DEVELOPMENT PHASE II LLC, a Delaware limited liability company ("Grantee"), whose mailing
address is 2255 Glades Road, Suite 423A, Boca Raton, Florida 33431, Attn: Mr. Jeff Meran.
WITNE S SETH:
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration to it in hand paid by Grantee, the receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, and
Grantee's successors and assigns, forever, the real property described in Exhibit "A" attached hereto (the
"Property"), lying and being in the County of Miami -Dade, State of Florida.
SUBJECT, HOWEVER, ONLY TO THE FOLLOWING:
1. Taxes and assessments for the year 2015 and thereafter, not yet due and payable;
2. Zoning and other regulatory laws and ordinances, prohibitions and other requirements
imposed by governmental authority; and
3. Those certain restrictions, reservations, covenants, conditions, limitations and easements
shown in Exhibit "B" attached hereto, without reimposition of the same.
TOGETHER WITH all the tenements, easements, hereditaments, and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the above described Property, with the appurtenances, unto the said
Grantee, its successors and assigns, in fee simple forever.
AND Grantor hereby covenants with said Grantee that it is lawfully seized of the Property hereby
conveyed in fee simple; that it has good right and lawful authority to sell and convey said Property; that it
hereby specially warrants the title to said Property and will defend the same against the lawful claims of
any persons claiming by, through or under the said Grantor, but none others.
CFN: 20150401646 BOOK 29667 PAGE 4065
IN WITNESS WHEREOF, Grantor has caused these presents to be executed by the undersigned,
on the day first above written.
STATE OF FLORIDA
)ss:
COUNTY OF MIAMI DADE
GRANTOR:
TREO DOUGLAS STATION, LLC, a
liability company
By:
ida limited
rized Representative
The foregoing instrument was acknowledged before me this / I day of June, 2015, by Otto J. Boudet-
Murias as Authorized Representative of TREO DOUGLAS STATION, LLC, a Florida limited liability
company, who is personally known to me or has produced a driver's identification.
My Commission expires:
°" '-., LESLIE FERNANDEZ
MY COMMISSION # FF 014977
sr EXPIRES: July 4, 2017
Bonded Thru Notary Public Underwriters
3
Americas 90602796 v4 (2K)
tc, State of Flori
Printed Name of Notary Public
2
CFN: 20150401646 BOOK 29667 PAGE 4066
Exhibit "A"
Tract A, of MIAMI DOUGLAS STATION, according to the map or
plat thereof as recorded in Plat Book 170, Page(s) 87, of the
Public Records of Miami -Dade County, Florida.
Being formerly described as:
Lots 6, 7 and 8, Block 9, less the North 20.00 feet for street, REALTY
SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to
the Plat thereof, as recorded in Plat book 2, at Page 85, of the Public
Records of Miami -Dade County, Florida;
AND
Lots 9, 10 and 11, Block 9, less the North 20.00 feet for street, REALTY
SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to
the Plat thereof, as recorded in Plat book 2, at Page 85, of the Public
Records of Miami -Dade County, Florida;
AND
Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY
SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to
the Plat thereof, as recorded in Plat book 2, at Page 85, of the Public
Records of Miami -Dade County, Florida;
AND
Less the South 10 feet of Lots 23 and 24; Less the West 10 feet of Lots
12, 16, 17, 20, 21 and 24, and Less the East 20 feet of Lots 18, 19, 22
and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF
COCOANUT GROVE, according to the Plat thereof, as recorded in Plat
Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida.
Together with that certain Alley, to be vacated, Tying south of Lots 6
through 11 and lying north of Lot 12, in Block 9, REALTY SECURITIES
CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat
thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of
Miami -Dade County, Florida.
AND
Less and except therefrom those right -of -dedications, as required by the
City of Miami and according to the Plat of Miami Douglas Station, as
recorded in Plat Book 170, at Page 87, of the Public Records of Miami -
Dade County, Florida.
CFN: 20150401646 BOOK 29667 PAGE 4067
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Taxes and assessments for the year 2015 and subsequent years, which are not yet due and
payable.
2. All matters either shown or recited on the plat of Miami Douglas Station, as recorded in Plat
Book 170, at Page 87, 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).
3. Terms and provisions of that certain Covenant to Run with the Land recorded June 9, 1983, in
Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida.
4. Agreement for Water and Sanitary Sewage Facilities, recorded September 7, 1995, in Official
Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida.
5. Terms and provisions of that certain Unity of Title recorded February 13, 1996, in Official
Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida.
6. Agreement for Water and Sanitary Sewer Facilities Between Miami -Dade County and TREO
Douglas Station, LLC, recorded July 18, 2014, in Official Records Book 29234, Page 1220, of
the Public Records of Miami -Dade County, Florida.
7. Terms, covenants and provisions of that certain Covenant Running With the Land recorded July
18, 2014, in Official Records Book 29234, Page 1246, of the Public Records of Miami -Dade
County, Florida.
8. Terms and Provisions of that certain Agreement for Construction of Improvements
("Agreement") Pursuant to Provisions of Chapter 54, Section 54-46, and Chapter 55 of the Code
of the City of Miami, Florida, recorded February 6, 2015, in Official Records Book 29492, Page
2110, of the Public Records of Miami -Dade County, Florida.
Americas 90602796 v4 (2K)
4
111111111111111111111111111111111111111111111
CFN 2C13R48200644
OR Bk 28868 Pss 1479 - 1483; (sass)
RECORDED 10/16/2013 09:53:42
DEED DOC TAX 96►000.00
SURTAX 72r000.00
HARVEY RUVINr CLERK OF COURT
MIAMI—DADE COUNTY► FLORIDA
THIS DOCUMENT PREPARED BY:
RECORD & RETURN TO:
Peter D. Lopez, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
Parcel I.D. No.: 01-4120-001-0010
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this 10 day of October, 2013, between
CRISTAL ASSOCIATES, LLC, a Florida limited liability company (the "Grantor"), whose mailing
address is 7800 Congress Avenue, Suite 206, Boca Raton, FL 33487 and MCREF Bird Road
Development LLC, a Delaware limited liability company (the "Grantee"), whose mailing address is
2255 Glades Road, Suite 423A, Boca Raton, FL 33431.
WITNESSETH:
That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto
Grantee, its successors and assigns, the real property (the "Property") located in Miami -Dade County,
Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof.
-SUBJECT TO:
1. Taxes and assessments for the year 2013 and subsequent years; and
2. Those matters set forth in Exhibit "B" attached hereto and made apart hereof, which
are not reimposed hereby.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any
way appertaining to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
Book28868/Page1479 CFN#20130820644 Page 1 of 5
AND GRANTOR hereby covenants with Grantee that at the time of the delivery of this Deed,
the Property is free from al encumbrances except as set forth above, Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby fully warrant the title to the Property and will defend the same
against the lawful claims of all persons claiming by, through or under Grantor, but against none other.
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed by
its duly authorized representativ- on the day and year first above written.
Witnesses.
Print Name:
�2 /�(CA C
Pi�iit Name
& Z4
STATE OF FLORIDA
COUNTY OF PALM BEACH
CRISTAL ASSOCIATES, LLC,
a Florida limited liability company
aron Alcalay, anaging Member
ACKNOWLEDGMENT
) SS:
The foregoing instrument was acknowledged before me this 1 O442day of October,
2013, by Aharon Alcalay, Managing Member of Cristal Associates, LLC, a Florida limited liability
company, on behalf of the company. He is personally known to me or ,x has presented
GI_ Cm_ 4 AL-I2$4d1(, 3 21%0 as identification.
C1 �_
Signature of Acknowledger
Title: Notary Public, State of Florida at large
Print Name: 5ttvrw't?- oaokS
Commission No. cc OS Cq? 9,
My Commission expires: -11 9 I 1 7
[NOTARY SEAL]
-2-
Book28868/Page1480 CFN#20130820644
Page 2 of 5
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lot 18, LESS the East 10.00 feet, Lot 21,and Lot 24, LESS the South 10.00 feet, all in Block 10, of
REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat
thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County,
Florida.
AND
TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATIONS
PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 45, Page
67, of the Public Records of Miami -Dade County, Florida, LESS the East 5.00 feet, LESS the South
5.00 feet, LESS the external area formed by a 25 foot radius arc concave to Northwest and tangent to
the West line of the East 5.00 feet and said Tract A and tangent to the North line of the South 5.00
feet of said Tract A LESS the external area formed by a 25 foot radius arc concave to the Southwest,
tangent to the West line of the East 5.00 feet of said Tract A and tangent to North line of said Tract
A and LESS the following described parcel:
Commence at the Point of intersection of the Northerly prolongation of the West line of said Tract A
and the Westerly prolongation of the North line of said Tract A; thence South 3°07'34" East along the
North prolongation for 25.42 feet to the POINT OF BEGINNING of the herein described parcel;
thence continue S3°07'34" East along the West line of said Tract A for 196.91 feet thence North
87°45'24" East for 5.00 feet thence South 3°07'34" East for 30.65 feet to a point of curvature of a
curve concave to the Northeast, having a radius of 25.00 feet; thence Southeasterly for 38.88 feet
along the arc of said curve through a central angle of 89°07'02" to a point of cusp; thence N38°17'51"
West for 30.58 feet; thence North 3°07'34" West for 249.00 feet to a point of cusp with a curve
concave to the Southeast having a radius of 25.00 feet; thence Southerly for 25.60 feet through a
central angle of 58°40'04" to the Point of Beginning.
LESS AND EXCEPT those lands contained in Deed contained in Deed Book 3101, Page 577, being
more particularly described as follows:
A portion of Tract A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES
CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in
Plat Book 45, Page 67, and a portion of Lots 21 and 24, Block 10, REALTY SECURITIES
CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in
Plat Book 2, Page 85, said Plats being recorded in the Public Records of Miami -Dade County,
Florida, being more particularly described as follows:
-3-
Book28868/Page1481 CFN#20130820644 Page 3 of 5
Commence at the Point of Intersection of the Northerly Prolongation of the West line of said Tract A
and the Westerly Prolongation of the North line of said Tract A, thence South 03°07'34" East along
said Northerly Prolongation for 222.33 feet to the Point of Beginning of the herein described parcel;
thence North 87°45'24" East for 5.00 feet; thence South 03°07'34" West for 30.65 feet to a pointof
curvature of a curve concave to the Northeast having a radius of 25.00 feet; thence Southeasterly for
38.88 feet along the Arc of said curve through a central angle of 89°07'02" to a point of cusp; thence
South 87°44'10" West along a line ten (10) feet North of and parallel with the South line of said Lot
24 for 34.63 feet to a point on the West line of said Lot 24; thence North 03°07'34" West along said
West line of Lot 24 and the West line of said Lot 21 for 41.25 feet to the Northwest corner of said
Lot 21; thence North 87°44'51" East along the North line of said Lot 21 for 5.00 feet to a point on
said West line of Tract A; thence North 03°07'34" West along said West line of Tract A for 14.05 feet
to the Point of Beginning,
SAID PARCEL OF LAND ALSO BEING KNOWN AS:
That portion of Lots 18, 21 and 24, Block 10 of REALTY SECURITIES CORPORATION'S PLAT
OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, at Page 85 and
a portion of Tract A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES
CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in
Plat Book 45, at Page 67, both plats of the Public Records of Miami -Dade County, Florida. All being
more particularly described as follows:
Begin at the most Northerly Northwest corner of said Tract A; thence North 87°48'34" East along the
North line of said Tract A also being the South Right -of -Way line of Bird Road for 237.94 feet to a
point of curvature; the following four (4) courses being along the Westerly Right -of -Way line of S.W.
37th Court and Northerly Right -of -Way line of Peacock Avenue as recorded in Deed Book 3101 at
Page 577 of said Public Records of Miami -Dade County, Florida; (1) thence run Southeasterly along
a 25.00 foot radius curve leading to the right through a central angle of 89°01'27" for an arc distance
of 38.84 feet to a point of tangency; (2) thence South 03°09'59" East for 227.29 feet to a point of
curvature; (3) thence Southwesterly along a 25.00 foot radius leading to the right through a central,
angle of 90°54'09" for an arc distance of 39.66 feet to a point of tangency; (4) thence South
87°44' 10" West for 233.09 feet; the following two (2) courses being along the Easterly Right -of -Way
line of S.W. 38th Avenue as recorded in Official Records Book 11083 at Page 1566 of said Public
Records of Miami -Dade County, Florida, (1) thence North 38° 18'40" West for 30.59 feet; (2) thence
North 03°07'34" West along said Right- of -Way line being 12.00 feet East of the Westerly line of said
Tract A for 249.02 feet to a point on a circular curve concave to the Southeast and whose radius
point bears South 34°27'30" East; thence Northeasterly along the Southerly Right -of -Way line ofBird
Road being along a 25.00 foot radius curve leading to the right through a central angle of 32°16'04".
for 14.08 feet to the Point of Beginning.
All lying and being in the City of Miami, Miami -Dade County, Florida.
-4-
Book28868/Page1482 CFN#20130820644 Page 4 of 5
OR BK 28868 PG 1483
LAST PAGE
EXHIBIT "B"
PERMITTED EXCEPTIONS
1. Agreement for Water and Sanitary Sewage Facilities recorded June 25, 2013 in Official
Records Book 28696, Page 86.
2. The following state of facts as disclosed by survey prepared by Fortin, Leavy, Skiles, Inc.,
dated September 17, 2012, last revised August 12, 2013, under Job No. 120968:
a) Concrete wall encroaches beyond the west boundary line.
3. Application and Acceptance of Conditional Building Permit and Estoppel Notice recorded
September 19, 2013 in Official Records Book 28829, Page 2275.
NOTE: All of the recording information contained herein refers to the Public Records of
Miami -Dade County, Florida.
#3097985 v4 40547-0004
-5-
Book28868/Page1483 CFN#20130820644 Page 5 of 5
MIAMI DOUGLAS STATION
AMENDED
A ROUT OF TRACT 1; MULE CORERS 57A11YN I70/E7
IN41 A' A RESAT R BOCK 14 RATTY 6ELU7TES CORD 811470I5 RAT
R 400417 61104E 45/67 NO LOTS 14 21 NO 24 BEG ( 10 REALTY
SL IR ES 40471005 RAT OF COMM 4R0K 2/63
SECTION 20-56-414 Im 1Y WY
110011790Iw MAJ.
A PORTOM OF ACTION 20. TOWNSHIP 54 50NFL RANGE 41 EAST
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41 13
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A 706140N R SECTION 24 701116HIP 54 SOUTH RANGE 41 EAST
SCALE: 1'-200'
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