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BGRCOW RADELL & FERNAN DEZ
ONING, LAND USE AND ENVIRONMENTAL LAW
DIRECT LINE: (305) 377-6227
E-Mail: mtapanes@brzoninglaw.com
VIA HAND -DELIVERY
July 13, 2015
Ms. Olga Zamora
Chief of Hearing Boards Section
Planning and Zoning Department
Miami Riverside Center (MRC)
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Re: Letter of Intent for the Miami Highline Rezoning Application Relating to 3701
Biscayne Boulevard in Miami, Florida
Dear Ms. Zamora:
This law firm represents MacArthur Properties III, LLC ("Applicant" or
"Owner") with regard to the properties located at 3701 Biscayne Boulevard, 3737
Biscayne Boulevard, 306 NE 38th Street, and 316 NE 38th Street in Miami, Florida (the
"Property"). See Exhibits A and B. Please allow this letter to serve as the required letter
of intent in connection with a request for rezoning of the Property.
Description of Property. The Property is located at 3701 Biscayne Boulevard,
3737 Biscayne Boulevard, 306 NE 38th Street, and 316 NE 38th Street in Miami, Florida,
and identified by Miami -Dade Tax Folio Nos. 01-3219-019-0230, 01-3219-019-0190, 01-
3219-011-0310, and 01-3219-011-0290, respectively. The Property is approximately
37,392 square feet in size, and located on the southeast corner of the Biscayne Boulevard
and NE 38th Street intersection. Currently, the Property contains two (2) structures.
The Property is zoned T6-12-L. The Property's future land use is designated on
the Future Land Use Map ("FLUM") as General Commercial. The Property is not
historically designated, nor within a historic district. Further, the Property is not
located within an archeological conservation area.
To the west of the Property is a ground level parking lot that is zoned T6-12-0.
To the north of the Property is the Biscayne Medical Plaza, including Jackson Health
System and Pasha's Restaurant, which is zoned T6-12-L. To the south of the Property is
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Ms. Olga Zamora
Chief of Hearing Boards Section
July 13, 2015
Page 2 of 4
I-195. The Property is also bordered to the east by the I-195 on -ramp. Further east of
the Property are T5-R zoned properties.
Request. The Applicant seeks a rezoning of the Property from T6-12-L to T6-12-0
in order to construct a two-story retail structure. The Applicant is requesting the
rezoning primarily due to the fact that the building area allowed for commercial use on
a T6-12-L property is limited to two (2) stories for the principal building, and office and
commercial uses must be less than twenty-five percent (25%) of the building floor area
total, whereas said limitation does not apply to T6-12-0 zoned properties. As part of
the rezoning application, the Applicant intends to proffer a covenant running with the
land requiring that the Property be developed in accordance with the T6-12-L
regulations, with the exception of the twenty-five percent (25%) limitation.
Section 7.1.2.8(c) of Miami 21 states that a rezoning of land will only be
considered where the proposal involves an extension of an existing transect boundary,
unless the rezoning involves at least 40,000 square feet of land area or 200 feet of street
frontage. The Applicant is requesting an extension of an existing transect boundary for
the Property, which has approximately 226 feet of street frontage (excluding a 14 foot
alley) on Biscayne Boulevard. As further required by Section 7.1.2.8(c)(1)(d) of Miami
21, the owner of the Property, the Applicant, is applying for the rezoning of said
Property. For the analysis pursuant to Article 7, Section 7.1.2.8(c)(2)(g) of Miami 21,
please refer to Exhibit C.
Criteria. Section 7.1.2.8(f) of Miami 21 provides the criteria for amendments to
Miami 21. The provision provides as follows "[f]or all amendments:
(a) The relationship of the proposed amendment to the goals, objectives and policies
of the Comprehensive Plan, with appropriate consideration as to whether the
proposed change will further the goals, objectives and policies of the
Comprehensive Plan; the Miami 21 Code; and other city regulations.
(b) The need and justification for the proposed change, including changed or
changing conditions that make the passage of the proposed change necessary."
The proposed amendment is consistent with the goals, objectives and policies of the
Miami Comprehensive Neighborhood Plan ("MCNP"). For instance, Objective LU-1.3
states as follows:
The City will continue to encourage commercial, office and
industrial development within existing commercial, office
and industrial areas; increase the utilization and enhance the
BERCOW RADELL & FERNAN DEZ
ZONING, LAN IJ LISE AN0 ENVIRONMENTAL LAW
Ms. Olga Zamora
Chief of Hearing Boards Section
July 13, 2015
Page 3 of 4
physical character and appearance of existing buildings;
encourage the development of well -designed, mixed -use
neighborhoods that provide for a variety of uses within a
walkable area in accordance with neighborhood design and
development standards adopted as a result of the
amendments to the City's land development regulations and
other initiatives; and concentrate new commercial and
industrial activity in areas where the capacity of existing
public facilities can meet or exceed the minimum standards
for Level of Service (LOS) adopted in the Capital
Improvement Element (CIE).
The Property is located within an area designated on the FLUM as General Commercial.
The Applicant requests a rezoning from the T6-12-L transect zone to T6-12-0 in order to
enhance the commercial character of the Property and better utilize the already
commercially designated area. Thus, approval of this application would encourage
commercial development within an existing commercial area.
Further, Policy LU-1.3.15 of the MCNP states, "[t]he City will continue to
encourage a development pattern that enhances existing neighborhoods by developing
a balanced mix of uses including areas for employment, shopping, housing, and
recreation in close proximity to each other." To the west, the Property is abutted by
properties included in the Miami Design District Retail Street Special Area Plan
("SAP"), which has become a center for retail establishments in the surrounding area.
As previously discussed, the Property is also abutted to the east by T5-R zoned
residential properties. Thus, approval of this application, which would allow a two-
story retail structure, would encourage a development pattern that would enhance the
existing neighborhood continuing to develop the balanced mix of uses.
The Applicant respectfully requests the rezoning in order to construct a two-
story retail use structure. Unlike the T6-12-0 transect zone, T6-12-L limits the building
area for commercial use on each lot to two (2) stories of the principal building, and
office and commercial uses must be less than twenty five percent (25%) of the building
floor area total. The properties to the west of the Property are part of the Miami Design
District Retail Street SAP, which was approved by the City Commission on July 26, 2012
through Ordinance 13334. As discussed in said legislation, the area contained
underutilized buildings and vacant lots. The Miami Design District SAP set out to
facilitate the redevelopment in order to benefit the area by creating residential units,
hotel rooms, commercial uses, as well as civic and open space for the enjoyment of the
general public. As a result, the area has been economically revitalized and improved.
BERCOW RADELL FERNANDEZ
ZONING, LAINI0 SE A N ID ENVIRONMENTAL LAW
Ms. Olga Zamora
Chief of Hearing Boards Section
July 13, 2015
Page 4 of 4
As such, the changed and changing conditions make this request necessary in order to
best utilize the Property as a retail establishment to further benefit the neighborhood.
For rezoning, "[a] change may be made only to the next intensity Transect Zone
or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21
Code to preserve Neighborhoods and to provide transitions in intensity and Building
Height." See Section 7.1.2.8(f)(2), Miami 21. The Applicant requests a change from T6-
12-L to T6-12-0, which is a request in category of transect zone, not the succeeding
intensity transect zone. As explained above, the T6-12-L zone limits the building area
for commercial use on each lot to two (2) stories of the principal building, and office and
commercial uses must be less than twenty five percent (25%) of the building floor area
total, unlike the T6-12-0 transect zone. The Applicant requests the rezoning in order to
construct a two-story retail structure. Approval of the Applicant's request would allow
for enhanced utilization of the Property within the T6-12 transect zone, not for
increased intensity. Therefore, the Applicant's request maintains the goals of Miami 21
to preserve neighborhoods and continue providing for transitions in intensity and
building height.
Conclusion. We look forward to your prompt review and favorable
recommendation. Should you have any questions or concerns regarding this letter,
please do not hesitate to phone my direct line at (305) 377-6227.
Very truly yours,
elissa Tapanes Llahues
Enclosures
cc: Antony Contomichalos
Viena Margulies
Gianeli Mestre, Esq.
BERCOW RADELL & FERNAN DEZ
ONING, LA N ID USE ANI ENVIRONMENTAL LAW
Coats 30 one 31, MAGNOLIA PARK• according to the plot thereof. recorded in Plat Book 5, aq
Pi.bic Records o' Doer County Florida. LESS the •oltowtnq dew -Food parcel conveyed to the
(Al
A strip of land 2 25 root in width across the North end of loots 30 and 31. less thot pet
do f3outavetrd. of Mom^ F.ark Subdi,ri*iar. occerding to plat retax'd.d in Plst Book
lhs�ic Facords of Dods County. Florida. b*tng that prnt of eiPd lots iylnq South of and
of the survey fine of Job 402, Section 8709, along N.E 38to Street. sae
Exhibit A
LEGAL DESCRIPTION:
PARCEL 1:
Lots 21, 22, 25 and 27 of PLAT NUMBER ONE OF BUENA VSTA BISCAYNE BAWLER CLUB yOIAF,ANYS
SUBDIVISION according to the Clot thereof, as recorded in Rot Book 1 of Page 115 of the Public Records
of Cade Co.mty, Ftordo. LESS ME FOLLOWING:
Begin at the Northwest corner of said Lot 27; thence East along the North fine of soid _at 27 o distance
of 40.48 feet to a point; Chance Scuthwsstery to the South tine of said Lot 2r; Chance West aIon2 the
South knit of sod Lot 27 a dstonce of 26.25 feet to the Southwest corner thereto!. theses North Wong the
Writ file of east Lot 27 o distance of 112.00 feat to the aoinl of Ereginoing;
A140
Begin et the Southwest corner of said Lot 22; thence Mortherly along the Westerly line o' said Lot 23 a
distant* of 15.00 rest; thence North 43'18'10' East o distance of 132.33 foot to a point on the Northery
One of said Lot 21; *wane Easterly along said No1h.r11 fine a triton:° of 29.98 lest to the Northeasterly
corn° of said Lot 21; thence Scut) along the East tins of said Lot 21. o cislxnc* of 112.00 teen to Ose
South.osterle cotn.r of sod Lot 21: themes West °tong the Sout .ray tine at said lets 21 and 23 o
distance of 120.00 feet lc the Pain- of Beown;ng.
TOGETHER NlTH
State
(B)
That pert of Lots 30 and 31 of tdoonolio Port Sut divison. according to plat recorded in Plot Book 5. Pogo
25 of the Pubic Records of Dods County, Florido. lying Northeasterly of a curve corcave to tie
Scut icstertl, herring o rode eV 25 fat, the Southerly end of said asurve Wine tangent to the tostary
right of way fine of Biscayne Beufevord, and One Eaetaty ens of said curve being to•+gent to a tine 2 25
fat South of and potoNel to w North fine of sod Lot 30 and 51.
PARCQ 2:
Lot 28. toss and excepting thot portion of Lot 28. here (rafter Iegafly descrbed. and as of Lot 29 of
MACNOUA PARK. according to the Plot thereof. recorded in flat Bwk 5 at Pogo 25 of the Puofic P,scards
of Oode County, =tars, less the North 2.25 Mot thereof; that portion of Lot 28 excepted hereby is *golly
described as follows:
8ygnnirq ot the Nortteeeterly corner of sod _ot 28. thence 'Southerly along the Easterly line of Sala lot
28. o cistono. of 12225 bet to the Southeasterly corner of sate Lot 28; thence westerly doog the
Southerly fine of said Loot 28, o dieter. of 45.64 feet; !twice North 43'1V10- East o distance of 6.82
feet Vence Norte O0'4711' East. o distOrtee of 79.28 feet; tMn_* North 44'23'47" West. o dstance of
35 24 feet to o point an toe wester, Cons of said Lot 28: Wince Norrhery Wong the said Westerly knit of
sail Lot 28, o dstonoe of 15 feet to the Norfhwestsry corner of sate Lot 28. thence Eosterly olor g the
No-thsrty line of said _ot 28, o distance of 64.00 tat to the Pont of Beginnini.
THAT AN EXFRESS PUPPOSE OF THIS PLAT IS 70 NOSE. VACATE. ABANDON, ONO OISCONTINJE FROM PUBLIC
USE THAT PCRT1011 OF THE 14-FOOT ALLEY CONTA1hED WITHIN THE PLO":
PARCEL_ 3:
A portion of the 14.00 fob: ride Alley, lying bettwern Lots 21. 23 25 and 27 of PUT Nt.MOD! ONE OF
BUENA A1STA BISCAYNE BADGET CLUB COMPANY'S SL OM34ON according to the plot thereof, os recorded n
Plot; Book 1 of P*ge '15 of the Putilc Records of 4r ;a--0ode County. Florida. and lots 28. 29, 30 and
31, MAGNOLIA PARK, according to the plot thereof. recorded n Plat Book 5 Pope 25. of the Public Records
of Dodo Canty, Florida, being more particularly described as tailors.
Commerce at 1M Intersection of the centerlines of &mosyn* Boulevard (U.S. Highway No. 1. State Rood 5)
with NE 38th Streof; thence S05-18.32'W nor a distance of 151.86 feet to o point of into-ssstion wth the
Westerly Extension of the northely right-of-wcy fine of said 14.00 foal wide may; thence N8T27'01'E clong
said westerly Extension fine for 50.47 fort to s point on the east right-of-way fin* of acid BXacayr.
Boulevard. said point Cleo bang the POINT OF BECI NMNC. of :he h.reinsft.r described porosl of load; thence
continue N8727011 along the northerly right -of -soy fine of soic 14.00 foot rde Miry for 113.42 feet to
the r.rerty limited acorn right-of-way fine N State Rood 112 (4-195) right ol way for the west bound
.nNw+ce romp; thence S43"00'351W elong said irmtsd access rich: of wo)r line for 20.00 'set :a o point on
Ur south Of/et-at-way line of soid 14.00 foot .44, Alley; thence S8727 01 W tong sold southerly
right-of-way line al said 14.00 foot ride Mey tor 169.82 foot to a point of the easterly right of way t ne
of said Bisceyne 8culs,od; then_. 1104`34'10-E for 7.05 fat then. S87'27'011, for 1.17 feel; thence
NOS18'32t For 7.07 Met to thePOOIT OF 8EGI111401G.
-41
Property Search Application - Miami -Dada County
EXHIBIT
6
CE OF THE PROPERTY APPRAISER
Summary Report
Property Information
Folio:
01-3219-019-0230
Property Address:
3701 BISCAYNE BLVD
Owner
MACARTHUR PROPERTIES III LLC
Mailing Address
140 E 56 ST STE 1 D
NEWYORK , NY 10022
Primary Zone
6103 NEIGHBORHOOD -ARTERIAL
Primary Land Use
1111 STORE : RETAIL OUTLET
Beds/Baths/Half
0/0/0
Floors
2
Living Units
0
Actual Area
Sq.Ft
Living Area
Sq.Ft
Adjusted Area
9,123 Sq.Ft
Lot Size
9,744 Sq.Ft
Year Built
1954
Assessment Information
Year
2014
2013
2012
Land Value
$779,520
$584,4340
$438,460
Building Value
$332,092
$332,102
$314,185
XF Value
$20,100
$20,400
$0
Market Value
$1,131,712
$937,142
$752,665
Assessed Value
$910,724
$827,931
$752,665
Benefits Information
Benefit
Type
2014
2013
2012
Non -Homestead Cap
Assessment Reduction
$220,988
$109,211
Note: Not all benefits are applicable to all Taxable Values (i.e. County, School
Board, City, Regional).
Short Legal Description
B V BISC BADGER CLUB PB 1-115
BEG NE COR LOT 27 W19.5FT SW 112.
87FT E33.7FT N112FT POB & LOT 25
LOT SIZE 112.000 X 87
OR 15525-3155 0592 2
Generated On : 5/20/2015
Taxable Value Information
2014
2013
2012
County
Exemption Value
$0
$0
$0
Taxable Value
$910,724
$827,931
$752,685
School Board
Exemption Value
$0
$0
$0
Taxable Value
$1,131,712
$937,142
$752,665
City
Exemption Value
$0
$0
$0
Taxable Value
$910,724
$827,931
$752,665
Regional
Exemption Value
$0
$0
$0
Taxable Value
$910,724
$827,931
$752,665
Sales Information
Previous
Sale
Price
OR
Book-
Page
Qualification Description
01/30/2014
$100
29015-Corrective,
4011
tax or QCD; min consideration
01/30/2014
$3,000,000
29015-
4005
Transfer where the sale price is verified to
be part of a package or bulk sale.
05/01/1992
$332,000
15525-
3155
Qual by verifiable & documented evidence
02/01/1991
$0
14934
2172
Qual by exam of deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This webslte may not reflect the most current Information on record. The Property
Appraiser and Miami -Dade County assumes no tiabllity, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disdalmer,asp
Version:
Bay,62;
1/4) OFFICE OF THF PROPERTY APPRAISE
Property Search Application - M iaml-Dade Courtly
Summary Report
Property Information
Folio:
01-3219-019-0190
Property Address;
3737 BISCAYNE BLVD
Owner
MACARTHUR PROPERTIES 111 LLC
Mailing Address
140 E 56 ST STE 1 D
NEW YORK , NY 10022
Primary Zone
6103 NEIGHBORHOOD -ARTERIAL
Primary Land Use
1081 VACANT LAND -
COMMERCIAL : VACANT LAND
Beds / Baths / Half
0/0/0
Floors
0
Living Units
0
Actual Area
0 Sq.Ft
Living Area
0 Sq.Ft
Adjusted Area
0 Sq.Ft
Lot Size
4,366 Sq.Ft
Year Built
0
Assessment Information
Year
2014
2013
2012
Land Value
$261,960
$130,980
$174,640
Building Value
$0
$0
$0
XF Value
$0
$0
$0
Market Value
$261,960
$130,980
$174,640
Assessed Value
$144,078
$130,980
$174,640
Benefits Information
Benefrt
Type
2014
2013
2012
Non -Homestead Cap
Assessment Reduction
$117,882
Note: Not all benefits are applicable to all Taxable Values (i.e. County, School
Board, City, Regional).
Short Legal Description
19 53 42PB 1-115
BUENA VISTA BISC BADGER CLUB COS
LOTS 21 & 23 LESS SE PORTION LYG
IN R/W
LOT SIZE 4366 SQUARE FEET
Generated On : 5/20/2015
Taxable Value Information
20141
20131
2012
County
Exemption Value
$0
$0
$0
Taxable Value
$144,078{
$130,980
$174,640
School Board
Exemption Value I $0
$0�
$0
Taxable Value (r $261,960
S130,980
$174,640
City
Exemption Value
I 80
80
$0
Taxable Value 1 $144,0781
$130,9801
$174,640
Reglonal
Exemption Value
$0
$0
$0
Taxable Value
$144,078
$130,980
$174,640
Sales Information
Previous
Sale
Price
OR
Book -
Page
Qualification Description
01/30/2014
01/30/2014
$100
$3,000,000
29015-
4011
29015-
4005
Corrective, tax or QCD; min consideration
Transfer where the sale price is verified to
be part of a package or bulk sale.
05/01/1992
$332,000
15525-
3155
Qual by verifiable & documented evidence
02/01/1991
$0
14934-
2172
Qual by exam of deed
The Office of the Property Appraiser is continually editing and updating the tax roll, This website may not reflect the most current information on record. The Property
Appraiser and Miami -Dade County assumes no liablllty, see full disclaimer and User Agreement at http://wwr.miamidade.govnnfo/disclaimer.asp
Version:
5J20/2015 Property Search Application- Mleml-Dade County
��I �Y
1 OFFICE OFF'HE PROPERTV � IiPPRAISER
Summary Report
Property Information
Folio:
01-3219-011-0310
Property Address:
306 NE 38 ST
Owner
MACARTHUR PROPERTIES III LLC
Mailing Address
140 E 56 ST STE 1 D
NEW YORK , NY 10022
Primary Zone
6103 NEIGHBORHOOD -ARTERIAL
Primary Land Use
1081 VACANT LAND -
COMMERCIAL: VACANT LAND
Beds / Baths / Half
0/0/0
Floors
0
Living Units
0
Actual Area
0 Sq.Ft
Living Area
0 Sq.Ft
Adjusted Area
0 Sq.Ft
Lot Size
10,825 Sq.Ft
Year Built
0
Assessment Information
Year
2014
2013
2012
Land Value
$866,000
$649,500
$487,125
Building Value
$0
$0
$0
XF Value
$0
$0
$0
Market Value
$866,000
$649,500
$487,125
Assessed Value
$589,420
$535,837
$487,125
Benefits Information
Benefit
Type
2014
2013
2012
Non -Homestead Cap
Assessment Reduction
$276,580
$113,663
Note; Not at benefits are applicable to all Taxable Values (i.e. County, School
Board, City, Regional).
Short Legal Description
19 53 42
MAGNOLIA PARK 2ND AMD PB 5-25
LOT 30 & 31 LESS ST & LESS RNV
LOT SIZE SITE VALUE
OR 15525-3155 0592 2
The Office of the Property Appraiser is continually editing and updating the tax roll. Th u„Q„1,nrarnauon an
Appraiser and Miami -bade County assumes no liability, see full disclaimer and User Agreement at http://wwv,mlamldade.gov/info/dlsclaimer,asp
Version:
Generated On : 5/20/2015
fiat
r
tiT
37TH ST
r •
ti
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z
c
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L)
me nett >riai PhotograplllL_2 _ _
N F, 3
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Taxable Value Information
20141 20131 2012
County
Exemption Value
$0
$0I $0
Taxable Value
$589,4201
$535,837
$487,125
School Board
Exemption Value
I
$0�
$0�
$0
Taxable Value
$866,000
$649,500
$487,125
Clty
Exemption Value
1
$Oj
$0
$0
Taxable Value
$589,420
$535,837
$487,125
Regional
Exemption Value
$0
$0
$0
Taxable Value
$589,420
$535,837
$487,125
sales Information
Previous
Sale
Price
OR
Book-
Page
Quatflcation Description
01/30/2014
$100
29015-Corrective,
4011
tax or QCD; min consideration
01/30/2014
$3,000,000
29015-
4005
Transfer where the sale price is verified to
be part of a package or bulk sale.
05l01/1992
$332,000
15525-
3155
Qual by verifiable & documented evidence
04/01/1992
$0
15521
1579
Qual by exam of deed
5/20/2015
4
Property Search APPIIcatlon - Miami -Dade County
OFFICE OF THE PROPERTY" APPRAISER
Summary Report
Property Information
Folio:
Property Address:
01-3219-011-0290
316 NE 38 ST
Owner
MACARTHUR PROPERTIES III LLC
Mailing Address
140 E 56 ST STE 10
NEW YORK, NY 10022
Primary Zone
6103 NEIGHBORHOOD -ARTERIAL
Primary Land Use
0802 MULTIFAMILY 2-9 UNITS : 2
LIVING UNITS
Beds / Baths / Half
4/3/0
Floors
1
Living Units
2
Actual Area
Sq.Ft
Living Area
Sq.Ft
Adjusted Area
2,492 Sq.Ft
Lot Size
Year Built
10,251 Sq.Ft
1926
Assessment Information
Year
2014
2013
2012
Land Value
$820.080
$615,060
$410,040
Building Value
$19,515
$19,515
$10,000
XF Value
$0
$0
$0
Market Value
$839,595
$634,575
$420,040
Assessed Value
$508,248
$462,044
$420,040
Benefits Information
Benefit
Type
2014
2013
2012
Non -Homestead Cap
Assessment Reduction
$331,347
$172,531
Note: Not all benefits are applicable to all Taxable Values (Le. County, School
Board. City, Regional).
Short Legal Description
19 53 42
MAGNOLIA PARK 2ND AMD PB 5-25
LOTS 28 & 29 LESS PORT LYG IN E-W
EXPWY THEREOF
LOT SIZE 10251 SQUARE FEET
Generated On : 5/20/2015
Taxable Value Information
County
Exemption Value
Taxable Value
School Board
Exemption Value
Taxable Value
City
Exemption Value
Taxable Value
Regional
Exemption Value
Taxable Value
1-
2014f 20131 2012
$0 $o(
48 $462044
$D
$508,2 ,$420,040
$839,5
$0 $0
95 $634,575
$508,2481 $462,0448420,040
$0 $0
$0
$420,040
$0
$508,248
$0
1
$462,044
$0
$0
$420,040
Sales Information
Previous
Sale
01/30/2014
01/30/2014
10/01/1997
Price
$100
$4,250,000
$75, 000
OR
Book -
Page
29015-
4011
29015-
4008
17861-
1251
Qualification Description
Correcllve, tax or QCD; min consideration
Transfer where the sale price Is verified to
be part of a package or bulk sale.
2008 and prior year sales; Qual by exam of
deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may net reflect the most current information on record. The Properly
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Exhibit C
MIAMI HIGHLINE - 3701 Biscayne Boulevard
Analysis Pursuant to Article 7, Section 7.1.2.8(c)(2)(g) of Miami 21
The Applicant intends to construct a mixed -use project on the Property in
accordance with the Property's General Commercial land use designation. The
properties immediately to the north and west are similarly designated for General
Commercial use. Further northwest of the Property are Restricted Commercial and
Single Family Residential properties. The properties to the east are designated for
Medium Density Multi -Family Residential use. The properties further towards the
northeast are designated for Single Family Residential use. The properties to the south
are designated for Restricted Commercial use. Further southwest of the Property are
some Restricted Commercial and General Commercial properties.
The properties to the north of the Property are zoned T6-12-L, T6-8-O, and T3-R.
To the northeast of the Property are T4-R and T6-8-O zoned properties. To the east of
the property are T5-R zoned properties, and further east are Civic Space zoned
properties. The properties to the south are zoned T6-34A-L and T6-36A-O. To the
southeast of the Property are T6-24-0, T6-12-L, T5-R, T4-L, T3-R and T3-O zoned
properties. To the west of the Property are T6-12-L, T4-O and T3-L zoned properties.
To the northwest are T6-12-L, Civic Institution, T5-O, T4-O and T3-L zoned properties.
The radius area has recently seen a great amount of revitalization, partly due to
the Miami Design District Special Area Plan that abuts the Property to the west. The
area has shifted towards mixed -use structures that often incorporate residential and
commercial uses.
The requested rezoning from T6-12-L to T6-12-0 would allow the Property to be
developed without the restriction placed on T6-12-L zoned properties where office and
commercial uses are restricted to occupying less than twenty-five percent (25%) of the
building floor area total. As the Property is located on a commercial portion of Biscayne
Boulevard, an area that permits General Commercial use, the Applicant's proposed
retail use is consistent with the surrounding area.
Enclosed please find photographs of the properties within a 300 foot radius of
the Property. The Applicant is not seeking a land use amendment, nor does the
Applicant seek the rezoning for additional height, intensity or density purposes.
CONTEXT PLAN FOR MIAMI HIGHLINE
3701 BISCAYNE BOULEVARD
REZONING APPLICATION
RECEIVED
PLANNING DEPARTt9Ettwr
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SE II
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-41)6 '030`" ?') "`°
www.miamigov.com/hearing boards u,Ly
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.
There is no deadline to submit this application as it is presented semi-annually to the Planning,
Zoning and Appeals Board and the City Commission. The application submittal date is the
date stamped by Hearing Boards' staff on this page. The responses to this application must
be typed and signed in black ink. All pertinent and accurate information/documentation; i.e.,
the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt.
The applicant is responsible for the accuracy of the information contained in the application and
all supporting materials. Should you wish, you could bring the materials to our office for review
prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8%x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 07-2013 2
REZONING APPLICATION
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
1. Applicant(s): Melissa Tapanes Llahues, Esq. on behalf of MacArthur Properties III, LLC
2. Subject property address(es) and folio number(s): 3701 Biscayne Blvd., 01-3219-019-0230;
3737 Biscayne Blvd., 01-3219-019-0190; 306 NE 38 St., 01-3219-011-0310; and 316 NE 38 St.,
01-3219-011-0290
3. Present zoning designation(s): T6-12-L
4. Proposed zoning designation(s): T6-12-0
5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of
the subject property, including aerial photo of the site as to why the present zoning designation is
inappropriate and proposed zoning designation is appropriate.
6. One (1) original, two (2) 11x17" copies and one (1) 8'/x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
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.
Rev. 07-2013 3
REZONING APPLICATION
17. What is the acreage of the project/property site? 37,392 square feet, or 0.858 acres
18. What is the purpose of this application/nature of proposed use? 2-story retail/commercial building
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 20 minutes and/or ❑ City Commission 20 minutes
22. Cost of processing according to Section 62-22 of the Miami City Code*:
Change of zoning classification to:
a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI:
Per square foot of net lot area $ .50
Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00
b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD:
$ .70
$ 5,000.00
Per square foot of net lot area
Minimum
c. Advertising
d. School Concurrency Processing (if applicable)
e. Mail notice fee per notice
f. Meeting package mailing fee per package
*Fees over $25, 00
Signature
Name
Telephone (305) 377-6227
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
e form of a certified check, cashier's check, or money order.
Address 200 S. Biscayne Blvd., Suite 850
Miami, FL 33131
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
E-mail mtapanesCa�brzoninglaw.com
j.
The foregoing was acknowledged before me this day of July 2015, by Melissa Tapanes
Llahues, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez,
PLLC a(n) individual/partnership/corporation. He/She is personall known to me or who has
produced as identification and who,•id (d , ot) ljke an oath.
(Stamp)
Rcv. 07-2013
e •1 Notary Public State
taoo1
Florida,'DTsLlRENA
A,y Comm Expires Mar 5,2018�..°R°. Commission # FF
078662
tui
4
MACARTHUR PROPERTIES III, LLC.
140 EAST 56TH STREET, SUITE 1D
NEW YORK, NY 10022
LIMITED POWER OF ATTORNEY
I, Antony Contomichalos, as President of MacArthur Properties MM Corp.,
a New York Corporation, which entity is the Managing Member of MacArthur
Properties, LLC, which entity is the sole Managing Member of of MacArthur
Properties III, LLC, a New York limited liability company, licensed to do
business in the State of Florida (the "Company"), do by these presents hereby
make, constitute and appoint MELISSA TAPANES LLAHUES, ESQ. AND/OR
BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the
State of Florida, to represent the interests of MacArthur Properties III, LLC before
the City of Miami, Florida in connection with the Request for Rezoning of the
following properties located on/at
3701 Biscayne Boulevard;
3737 Biscayne Boulevard;
306 NE 38th Street;
316 NE 38th Street; and
identified by the following Miami -Dade County Tax Folio Numbers:
01-3219-019-0230;
01-3219-019-0190;
01-3219-011-0310; and
01-3219-011-0290.
Granting and giving unto said Attorney -in -Fact, full authority and power to
do and perform any and all acts necessary or incident to the performance and
execution of the powers herein above expressly granted, with power to do and
perform all acts authorized hereby, as fully to all intents and purposes as grantor
might or could do if personally present, with full power of substitution.
[Execution Page to Follow]
140 EAST 56TH STREET, SUITE 1D
• NEW YORK, NY • 10022
PHONE: (212) 421-4560 FAX:(212) 421-4556
Signed, witnessed, executed and acknowledged on this 19 day of
t?
0it � , 2015.
Witness Signa u . re
te-inA r71AQZk )L.e
Print Name
atiCt
Witness Signature
dice Franic
Print Name
STATE OF NEW YORK
COUNTY OF NEW YORK
MACARTHUR PROPERTIES III, LLC, a
New York limited liability company
By its Manager/ Member
MacArthur Properties, LLC, a
New York limited liability company
By its Managing Member,
MacArthur Properties MM Corp.
By:
Antony Contomichalos, President
Address: 140 East 56 Street, Suite 1D
New York, NW 10022
The foregoing instrument was acknowledged before me by Antony Contomichalos, as
President of MacArthur Properties MM Corp., a New York Corporation, which entity is
the Managing Member of MacArthur Properties, LLC, which entity is the sole
Managing Member of of MacArthur Properties III, LLC, who is personally known to me
or has produced as identification.
Witness my signature and official seal this kg day of �� 2015, in the County
and State aforesaid.
otary Public State New York
Signature
f$MTI co ilk Q,G O
Print Name
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Melissa Tapanes Llahues, Esq., 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, VI 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.
Melissa Tapanes Llahues, Esq. on
behalf of MacArthur Properties III, LLC
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Applit ) Sj'natu
14a
The foregoing was acknowledged before me this I " day of July 2015, by Melissa Tapanes
Llahues, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez,
PLLC a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who di . • ..■u04rn oath.
tf1IMt_
lir
(Stamp) Sig
LERENA
Nelar1J Public •
•stale of Florida
@NAM 140iras Mar 5, 2018
@ommission a FF 078682
Rev. 07-2013 5
REZONING 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) MacArthur Properties III, LLC
Percentage of Ownership
MacArthur Properties III, LLC (100%)
MacArthur Properties, LLC (100%)
125-10 Q Blvd, LLC (99.9%)
Antony Contomichalos (50%)
The Samuel Andrews Benner 2013 Trust (12.5%)
Samuel Andrews Benner (100%)
The Allia Rae Benner 2013 Trust (12.5%)
Allia Rae Benner (100%)
Paul C. Contomichalos (16.75%)
Nathalie Contomichalos (8.25%)
MacArthur Properties MM Corp. (0.1%)
Antony Contomichalos (100%)
Subject Property Address(es) 3701 Biscayne Blvd.; 3737 Biscayne Blvd.; 306 NE 38th
St.; and 316 NE 38th St.
2. List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply additional
lists, if necessary.
Street Address(es): Legal Description(s):
N/A N/A
Melissa Tapanes Llahues, Esq.
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this CLD1171
day of July 2015, by Melissa Tapanes
Llahues, Esq. who is a(n) individual/partner/agent/corporatio oT' Bercow Radell & Fernandez,
PLLC a(n) individual/partnership/corporation. He/She is per.onally known to me or who has
produced as identification and who di�/(Yki/i
'- an oath.
(Stamp) , . �- ''.-+•1 a
�re
A
Si
BETTY LLEREN
Notary Public • State of Florida
My Comm. Expires Mar 5, 2018
Commission # FF 078662
Rev. 07-2013
6
DEPARTMENT OF PLANNING AND ZONING
LAND USE AND REZONE COMMENTS
SEPTEMBER 2015 CYCLE
June 11, 2015
Melissa Tapanes Llahues, Esquire
Bercow Radell & Fernandez
200 South Biscayne Blvd, #850
Miami FL 33131
Subject Site: 3701 and 3737 Biscayne Boulevard; 306 NE 38th Street; and 316 NW 38 Street
Net District: Upper Eastside
During our Pre -application meeting on June 8, 2015, the following request was presented:
A rezoning per Article 7, Section 7.1.2.8 (a) (3), to allow the successional rezoning of land. The
proposal is to change the zone the subject lots from T6-12-L to T6-12-0. In this case, a Land Use
change is not required for the proposed rezoning.
Based on the request, staff has prepared the following comments. Please note, said comments are not
to be construed as a recommendation of approval or support of the proposal.
Staff's comments are as follows:
1. The deadline to submit a complete Rezoning and Land Use Change application is July 17, 2015.
Contact Ms. Christine Hwa, Hearing Boards Coordinator via e-mail at: CHwa@Miamigov.com or
by phone at 305-416-2031 for an appointment to submit the application.
a. Any restrictive covenant associated with the request, shall be submitted with the
application package.
2. Provide a letter of intent in accordance to Article 7, Section 7.1.2.8 (c) 2, schedule of outreach
meetings with the community, and a massing plan.
3. Include the acreage proposed to be rezoned on the survey.
4. A school concurrency letter is required; please contact the Hearing Boards Department at
305.416.2030 with any question concerning the concurrency process.
5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots.
444 SOUTHWEST 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33130
305.416.1400 — WWW.MIAMIGOV.COM
Page 2 of 2
3701 Biscayne Boulevard (et al)
6. Provide a flash drive with all application materials.
7. A Traffic Study may be required upon further review of the submitted documents.
Be Advised: The Planning and Zoning Department reserves the right to make recommendations
pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the
immediate vicinity. Consequently, the City of Miami reserves the right to comment on the proposal as
more information is provided and may revise previous comments based on this supplementary
information.
The Department reviews proposals based on Miami 21 and the City Code. Furthermore, the proposed
Rezone and Land Use Change is subject to review and compliance with the requirements of all City
departments, as applicable.
/incre1Y,
Ja•qu lin- Ellis
Pla+n-r II
Cc:
Christopher Brimo, AICP, Chief of Land Development
Derrick Cook, Plan Coordinator,
Devin Cejas, Zoning Manager
Pamela, Zoning Plans Processor
Christine Hwa, Hearing Boards Coordinator
Joseph Eisenberg, Planner I
444 SOUTHWEST 2ND AVENUE, THIRD FLOOR, MIAMI, FL 33130
305.416.1400 — WWW.MIAMIGOV.COM
S�k gl)-ol
RE -APPLICATION REFERRAL
01-3219-011-0310; 01-3219-011-0290; `0r
01-3219-019-0230;01-3219-019-0190
Folio #
Melissa Tapanes Llahues, Esq. on behalf
of MacArthur Properties III, LLC
Applicant Name
(305)377-6227
Applicant's Phone Number._.
3701 Biscayne Boulevard, Miami, Florida 33137; 3737 Biscayne Bouevard, Miami, Florida 33137;
06/01/2015
►-' i1 - IS--
U ()pE)v- Cs3.1.5
Date
Miami Highline
Project Name
mtapanes@brzoninglaw.com
Applicant E-mail Address
Project Street Address
306 NE 38 Street, Miami, Florida 33137; and 316 NE 38 Street, Miami, Florida 33137
TO BE COMPLETED BY THE OFFICE OF ZONING:
❑ One (1) 24"X36" or larger set of signed and sealed plans
❑ Survey within one year with Building Baseline established by Public Works
Transect Zone
-1.
Type of I e it Requested — Code Section
�u �t b ZC-t -t-kait C
TG-(2L
Summary of Request
Ref: rral iss -d by:
Date
CITY OF MIAMI
PLANNING & ZONING DEPARTMENT
Ph: 305-416-1499
444 SW 2ro Ave 4" Floor Miami, FL 33130
www. miamigov.com/zoning
Revised 07/24/2013
U 111 111 llllf 111111111111111 U111 Il Ul 1AI A11
Prepared by and return to:
Suzanne A. Dockerty
Attorney at Law
SUZANNE A. DOCKERTY, P.A.
110 Merrick Way Suite 3-B
Coral Gables, FL 33134
File Number: 247168-1
Will Ca11 No.:
C:F1.4 ?1114R00 46O2
OR Bk 2901$ Pss 4008 - 4010; (3pss)
RECORDED 02/03/2014 15:20:57
GEED DOC TAX 25►500.00
SURTAX 191125.00
H(RVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY} FLORIDA
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this - day of January, 2014 between Art By God, Inc., a Florida, corporation
whose post office address is 60 NE 27th Street, Miami, FL 33137, grantor, and MacArthur Properties III, LLC, a NY
limited liability company whose post office address is 140 East 56 Street, Suite 1D, New York, NY 10022, grantee:
(Whenever used herein the terms "grantor' and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals. and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Miami -Dade County, Florida to -wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
Parcel Identification Number: 01-3219-011-0290
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 the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2013.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTime)
Book29015/Page4008 CFN#20140084602 Page 1 of 3
Signed, sealed and delivered in our presence:
Wi
Witness Name:
Art By God, Inc. a rida c oration
Gene Harris, resident
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this 3 0 day of January 2014 by Gene Harris, as President of
Art By God, Inc., a Florida corporation. Who is [ lipeionally known or [ } has prod re a driver's license as identification.
Notary Public
Print Name:
My Commission Expires:
[Notary Seal]
, ~; '°'e, . SUZANNE A. DOCKEHIY
• 31. Notary Public • State of Florida
aTi My Comm. Expires Jun 7, 2014
a,«dt•` Commission+P OD 998639
Warranty Deed - Page 2 DoubieTime®
Book29015/Page4009 CFN#20140084602 Page 2 of 3
OR S;. 29015 PG -4-010
1 AST PAGE
EXHIBIT "A"
Lot 28, LESS AND EXCEPTING that portion of Lot 28, hereinafter legally described, and all of
Lot 29 of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof,
recorded in Plat Book 5, Page 25, of the Public Records of Miami -Dade County, Florida, LESS
the North 2.25 feet thereof; that portion of Lot 28 excepted hereby is legally described as
follows:
Beginning at the Northeasterly comer of said Lot 28, thence Southerly along the Easterly line of
said Lot 28, a distance of 122.25 feet to the Southeasterly comer of said Lot 28; thence Westerly
along the Southerly line of said Lot 28, a distance of 45.64 feet; thence North 43°18'l0" East, a
distance of 6.82 feet; thence North 00°47'11" East, a distance of 75.28 feet; thence North
44°23'47" West, a distance of 35.24 feet to a point on the Westerly line of said Lot 28; thence
Northerly along the said Westerly line of said Lot 28, a distance of 15 feet to the Northwesterly
corner of said Lot 28; thence Easterly along the Northerly line of said Lot 28, a distance of 66.00
feet to the POINT OF BEGINNING.
Book29015/Page4010 CFN#20140084602 Page 3 of 3
111111111111111111111111111111111111111111111
Prepared by and return to:
Suzanne A. Dockerty
Attorney at Law
SUZANNE A. DOCKERTY, P.A.
110 Merrick Way Suite 3-B
Coral Gables, FL 33134
File Number: 247168-1
Will Ca11 No.:
C:F-tsl 2014-R0tY8460J.
OR Bk 29015 Pss 4005 - 4007; (33v5s)
RECORDED 02/03/20014 15:20:57
DEED DOC TAX 18►000.I00
SURTAX 13:50nn00
HARVEY RUVIN, CLERK OF COURT
MIAMI--DADE COUNTY: FLORIDA
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this day of January, 2014 between Gene Harris and Gisela Harris, husband
and wife whose post office address is 60 N.E. 27th Street, Miami, FL 33137, grantor, and MacArthur Properties III,
LLC, a NY limited liability company whose post office address is 140 East 56 Street, Suite ID, New York, NY 10022 ,
grantee.
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Miami -Dade County, Florida to -wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
Parcel Identification Numbers: 01-3219-011-0310; 01-3219-011-0230 and 01-3219-019-0190
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 the grantor is (awfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2013.
DoubleTime®
Book29015/Page4005 CFN#20140084601 Page 1 of 3
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Sign d, 'sealed and delivered in our presence:
L ,Gisela Harr
s ame
(Seal)
State of Florida
County of Miami -Dade
The foregoing instrument s acknowledged before me this 3 J day of January 2014 by Gene Harris, who is [ ]
personally known or [ as produced a driver's license as identification.
[Notary Seal]
ti�Y "ref%� SUZANNE A. DOCKERTY
1 +r �1 Notary Public - State of Florida I
is My Comm. Expires Jun 7, 2014 p
; p Commission # DO 998639
Notary Public
Print Name:
My Commission Expires:
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this j /2 day of January 2014 by Gisela Harris, who is [} --
personally known or [ ] has produced a driver's license as identification.
[Notary Seal]
.........SUZANNE A. DOCKERTY
=ram' Notary Public - State of Florida
My Comm. Expires Jun 7, 2014
"� ��{`+ Commission # DO 998639
�� IIIIP+
Warranty Deed - Page 2
Print Name:
My Commission Expires:
DoubleTime®
Book29015/Page4006 CFN#20140084601 Page 2 of 3
OR Bk 29015 PG 4007
LAST PAGE
EXHIBIT "A"
Lots 21, 23, 25, and 27 of PLAT NUMBER 1 OF BUENA VISTA BISCAYNE-BADGER-
CLUB COMPANY, according to the Plat thereof, as recorded in Plat Book 1, Page 115, of the
Public Records of Miami -Dade County, Florida, LESS THE FOLLOWING:
Begin at the Northwest corner of said Lot 27; thence East along the North line of said Lot 27 a
distance of 40.48 feet to a point; thence Southwesterly to the South line of said Lot 27; thence
West along the South line of said Lot 27 a distance of 26.25 feet to the Southwest corner thereof;
thence North along the West line of said Lot 27 a distance of 112.00 feet to the POINT OF
BEGINNING;
AND
Begin at the Southwest comer of said Lot 23; thence Northerly along the Westerly line of said
Lot 23 a distance of 15.00 feet; thence North 43°18'10" East a distance of 132.33'feet to a point
on the Northerly line of said Lot 21; thence Easterly along said Northerly line a distance of 29.98
feet to the Northeasterly corner of said Lot 21; thence South along the East line of said Lot 21, a
distance of 112.00 feet to the Southeasterly comer of said Lot 21; thence West along the
Southerly line of said. Lots 21 and 23 a distance of 120.00 feet to the POINT OF BEGINNING.
TOGETHER WITH
Lots 30 and 31, SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat
thereof, recorded in Plat Book 5, Page 25, of the Public Records of Miami -Dade County, Florida,
LESS the following described parcel conveyed to the State of Florida by deed recorded under
Clerk's File No. 58R-187488 and in Official Records Book 1134, Page 82:
(A)
A strip of land 2.25 feet in width across the North end of Lots 30 and 31, LESS that part of Lot
31 lying in Biscayne Boulevard, of SECOND AMENDED PLAT OF MAGNOLIA PARK,
according to the Plat recorded in Plat Book 5, Page 25, of the Public Records of Miami -Dade
County, Florida, being that part of said lots lying South of and within 30 feet of the survey line
of Job 402, Section 8709, along N.E. 38th Street, and
(B)
That part of Lots 30 and 31 of SECOND AMENDED PLAT OF MAGNOLIA PARK, according
to Plat recorded in Plat Book 5, Page 25, of the Public Records of Miami -Dade County, Florida,
lying Northwesterly of a curve concave to the Southeasterly, having a radius of 25 feet, the
Southerly end of said curve being tangent to the Easterly right of way line of Biscayne
Boulevard, and the Easterly end of said curve being tangent to a line 2.25 feet South of and
parallel to the North line of said Lot 30 and 31.
Book290151Page4007 CFN#20140084601 Page 3 of 3
111111111111111111111111111111111111111111111
Prepared by and return to:
Suzanne A. Dockerty
Attorney at Law
SUZANNE A. DOCKERTY, P.A.
110 Merrick Way Suite 3-B
Coral Gables, FL 33134
File Number: 247168-1
Will Call No.:
CFN 2014R008 -603
OR Bk 29015 P95 4011 - 40i2i (2vss)
RECORDED 02/03/2014 15:20157
DUD DOC TAX 0.60
HARVEY RUVIH. CLERK OF COURT
MIAII-DADE COUNTY, FLORIDA
[Space Above This Line For Recording Data]
Quit Claim Deed
This Quit Claim Deed made this SO day of January, 2014 between. Gene Harris and Gisela Harris, husbad
and wife and Art By God, Inc., a Florida corporation whose post office address is 60 NE 27th Street, Miami, FL 33137,
grantor, and MacArthur Properties III, LLC, a NY limited liability company whose post office address is 140 East 56
Street, Suite ID, New York, NY 10022140 East 56 Street, Suite 1D, New York, NY 10022, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does
hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest,
claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County,
Florida to -wit:
That certain alley or strip of land located between (a) Lots 28, 29, 30 and 31 of SECOND AMENDED
PLAT OF MAGNOLIA PARK, according to the Plat thereof, recorded in Plat Book 5, Page 25, of the
Public Records of Miami -Dade County, Florida; and (b) Lots 21, 23 and 27 of PLAT NUMBER 1 OF
BUENA VISTA BISCAYNE-BADGER-CLUB COMPANY, according to the Plat thereof, as recorded in
Plat Book 1, Page 115, of the Public Records of Miami -Dade County, Florida.
Together with any other property located within or constituting a part of the alley that is also know as NE
37th Street, Miami.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for
the use, benefit and profit of the said grantee forever.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTimee
Book29015/Page4011 CFN#20140084603 Page 1 of 2
OR E=K 29015 PG 41-112
!_...AST PAGE
Und enclitics of perjury 1 declare that I have read the foregoing Affidavit and that the facts stated in it are true.
V ;v e-ss 11 OA icy' ,kts
1604& I�G�n ��� L
State of Florida
County of Miami -Dade
Gene Harris
Art By God, Inc., a Florida corporation
The foregoing instrument was acknowledged before me this , Q d of January2014 by Gene Harris, individually and
as President of Art by God., Inc., a Florida corporation, who is [ rsonally known or [ ] has produced a driver's license as
identification.
[Notary Seal]
a
CKERTY
e of Florida
un7,2014
998639
0�"° 'o''' SUZANNE A. DD
,s,, »" = Notary Public - State ; My Comm. Expires J
•'•% o �� ot., Commission # DD
State of Florida
County of Miami -Dade
Print Name:
My Commission Expires:
The foregoing instrument was acknowledged before me this .7 J day of January2014 by Gisela Harris, who is [t...47
.personally known be [ ] has produced a driver's license as identification.
[Notary Seal]
' a. a t a a r a
• �"Y "uB{. SUZANNE A. DOCKERTY
Wg ° Notary Public - State of Florida 1
il
y Azr My Comm. Expires Jun 7, 2014
f '.,; titttd;•• Commission # DD 998639
No'taiy Public.
Print Name:
My Commission Expires:
File Number: 247168-1 DoubleTime
Book29015/Page4012 CFN#20140084603 Page 2 of 2
PROPERTY PHOTOGRAPHS FOR MIAMI HIGHLINE
3701 BISCAYNE BOULEVARD
State of Florida
Department of State
I certify from the records of this office that MACARTHUR PROPERTIES III,
LLC is a New York limited liability company authorized to transact business in
the State of Florida, qualified on May 29, 2014.
The document number of this limited liability company is M14000003899.
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 January 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 Tenth day of June, 2015
Vof" (1-ti%1A
Secretary of State
Tracking Number: CU1736140389
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
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:
Melissa Tapanes Llahues
(First Name)
(Middle) (Last Name)
HOME ADDRESS: 200 South Biscayne Boulevard
(Address Line 1)
Suite 850
(Address Line 2)
CITY: Miami STATE: Florida ZIP: 33131
HOMEPHONE: (305) 377-6227 CELL PHONE: FAX: (305) 377-6222
EMAIL: MTapanes@BRZoningLaw.com
BUSSINESS or APPLICANT or ENTITY NAME
MacArthur Properties III, LLC
BUSINESS ADDRESS: 140 East 56 Street, Suite 1D
(Address Line 1)
New York, NY 10022
(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.
Rezoning of the properties located at 3701 Biscayne Boulevard, 3737 Biscayne Boulevard,
306 NE 38 Street & 316 NE 38 Street.
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 ❑X 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. N/A
c. N/A
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
N/A
N/A
N/A
5. Describe what is being requested in exchange for the consideration.
N/A
N/A
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:
Sig ture
Melissa Tapanes Llahues
Print Name
Sworn to and subscribed before me this l 4 day of `J , 2Q 2 015 The foregoing
instrument was acknowledged before me by ,lj �
4��; �" Uq,(r1 Les who has produced
U
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI f'
MY COMMISSION Notary
EXPIRES: 3^may t S
�� ��
. �� eXP I
clSETTY LLERENAPrint Name
Enosures) s Notary Public • State of Florida
•Doc. No.:86543 My Comm. Expires Mar 5. 2018 Page 2
404,
�;� Commission I FF 078882