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HomeMy WebLinkAboutApplication & Supporting Docs-MO B E RCOW RADELL & FERNAN DEZ ONJirJc I_AIVID USE Ah1Cr E[VVIFtCDNI IENJ1-AI_ LAW DIRECT LINE: (3D5) 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 Bisca ne 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 e50 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZQNINGLAW.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 except -ion 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 Dc.Z 2 C] NI N Q. LAN LL LJSE .4 h7 fJ EM'✓1 PI ptJ tyl I NTAL. 1-"W 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 & FERNAN DEZ 7 C71ti4IN G, LA. LD LSE ASV 17 NVI IR LRW 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 Amy direct line at (305) 377-6227. Very truly yours, elissa Tapanes Llahues Enclosures cc: Antony Contomichalos Viena Margulies Gianeli Mestre, Esq. BERCOW RADELL & FERNANDEZ c]NI NG, LA. NL7 use AN ID E'N v 11=t taNME NTAL LAW Exhibit A LEGAL DESCRIPTION. P' RCEL 1. Lots 21. 22. 25 and 27 of PLAT NUII&Bf le Old or BUENA V STA BISCAYHE BADGER CLUB o4FANY5 SUJIOMSION according to 'he ;tat thereof, os reccded in Plot Blook 1 at Page 115 of Me PJW.c Records 01 Dade Coprty, Florida. LESS THE FOLLOWING. Begin of the Northwest earner of said lot 27. thence East along Ms North fent of said .ot 27 a ahoto-+ce Of 40.48 feet to a p5.n[, thence Southwesterly to Ile South line of said lot 27; thence Welt aloe, the South hue of ea d Lot 27 o dietoncs of 26.25 feet to the Southwest corner mimes! Ihewce North pion, the Meet In, of laic Lot 77 a distance Of 112.00 feet to the 'prat of Eeg.nr..nq. Af�O Begin et Lh• Soothes* corner of said Lot 22; thence Vorlhsrty along the Weelerly Ina a' said Lot 23 distance of 15 CO feel; thence North 43' 18'10" East a distance el 132.33 feet to o point on the Northerly tune of said Lot 21; thence Eoeterly along said No -they fine a oistonce of 29.68 foot to the Northeanterfy corner of staid WI 21, thence S.rwtr along the East line of said Lot 21, a thstolce of 112.00 Pest to the Southeasterer comer of ea d lot 21; thence West owng the Southerly line of said Lc t. 21 and 23 0 distance of 120.00 feel lc the Poin: of Begening TOGETHER 10111H Lots 30 (Inc 31, YAGNOL3A PART, according to the pot thereon_ recanted In PLR Book 5, Page 25. of the Public Records o' Dos County. Florida. LESS the 'allowing aescriard fiasco conwerid to the State of %rid° by Deed recorder under 58R-1874u (AI A *OP of land i 25 'wet n width *rater the North end of Lots 30 and 31, rase that port of Lot 31 hiring Boulevard. B Boulrrd. of M Fork Subdirisi0r, according to plat recorded in Plat llc.ok 5. Po 2... at the Fec0rds of Dod• Caienty, Florida. Wing that part of sad lots lying South o1 and *Abel 30 feet Of the survey rune o0 Jab 402, Section 8709. along NE 38tn Street, vw (Bi That pert of Loth 30 and 31 of Magnolia Pore 'Subdrvieon, eecoed+ng to plot re:wdad in Ptot Book 5, Page 25 of the Public Reccrds of Dade County, Florida. lying Northwesterly of o CI W carcase to tee Swthecslfri). ha -ling o rddrus of 25 f••j the Southerly end of said curve Caine tangent Ro the Eoslerty right of soy fine of Biscayne Boo.verrd, and the foolery one of said curse being to -vent to • fine 2 25 feet South tf ond parollel to thee North line di said Lot 30 and S1 PARCEL 2: Lot 28, fees one eecaating 'hot portion 0'f Lot 28, here nailer Isgally described, and on of Lot 29 of WGNOUA PARK, according to the Plat thereof. recorded in Plot Book 5 at Pape 25 of the KiNic records of Dade County, 7orida, less the North 2.25 owl IRiereo-f; that portion of Lot 28 excepted hereby ie Ngolty describes as follow,: Bel.nnir q at the Narlreasterly Corner of said ,ot 28, thence Southway anon, the Eaeterty line of sold opt 28, o Ciston:e of 12225 keel to the South/m.1.0y corner of sac Lot 28; then[• Wlslerly alo.q the 5ortherly rine of said Lot 228, o distance of 45 64 feet; thence North 43'1f'10" fast, o distance of 6.82 feet. lhaflee North 00r47'11- East, a disldncs of T5 78 feat Uwe* North. t14'2,'47' West, a distance of 3524 feet to a point on tie Westerly line of sold Lot 28; Glens Nonherty aionq the soil Westerly erne of sad Lot 28, a distance of 15 heel bs the Northwesterly corner of sane Lot 28. thenc• Easterly oboe the NoYhert, fine of Baia ..o! 28, o dretcnc• of 66.00 Feet la the Pont el Beginning THAT AN EXFRESS PL 'POSE OF 1415 PLAT IS TO CLOSE, YACkiM. ealliNOON, AND OISCONTINJE f-RUtl PUBLIC 115E THAT PER11014 Or THE 14--FOO1 ALLEY CG1TfhED IpIT1fIN THE PtA-. PARCE 3: A oortion of the 14.00 100: nde Miry, tying between Lots 21. 23 25 and 27 of PL..7 NLMIBEP. ONE OF Blk ft4 VISTA BTSCIWNE HADGET CLUB COMPANY'S SUIECINGION according to he plot Ihwraof, as recanted n Plot Book 1 at Page "15 of the Putric Records of Mari -Dade County. Florida, and Lab 28. 29, 20 amd 31, M1.CNOLu. PAPI(, o:cordng la the plat thereof. recorded n Piet Book 5 Page 25. of the Public Records of Dade County, f orido. being more portieularlr do.cr.bm1 0s foffors. Commerce al the intersection o' the centerfines of Biscayne Boulevard (U.S Highway No. 1. Skate Rood 5) with NE 38th Street; thence SOT 1 B.321Y for a distance of 151.88 feel to a pant of intersection w th the Westerly Extension of the northerly right -of -sty Inc or sole 14.00 toot wide thence NIT27'01-E clang said Westerly Extension tine for 50.47 feet to 3 point on the *oil right--of-way tint of acid Bisceyre Boulevard, sold point else icing the 301NT Of BEGINNING of :he hereina(tr derecribed poroer of knit thence continue 118727011 along the northerly right -of --coy tin! of Irk 14.00 foot wde ■toy for 183.47 feet to the ■eirerfy lianited crones* right -of -wpy line tf State Rood 112 tf- 195) right of Noy for the west bound entrance ►orris; thence 54300.351W clung said Gm.led access rglr of way One for 20.170 'eat .a a point on The vault. rictnl -of -way line of said 14.00 fool wide Alley; thence S8727 01 `Si along void southerly right- of^way line 01 said 14,00 foal wide Ailey Tor 169..82 !eel to a point 3f tins easterly right of ray Inc of said Etisccyne 3oulerard; th.n_e N04'34'10"E for 7.OS feet !hence $8721'0114. for 1 17 feet; thence N05'18'37"E for 7.07 fort to the POINT OF RLG1Na4NG Property Search Ar)pltcaVcn - M farm -Dade CCU*(EB1TCEB OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3219-019.0230 Property Address: 3701 BISCAYNE BLVD Owner MACARTHUR PROPERTIES Ill LLC Mailing Address 140 E 56 ST $TE 1 D NEWYORK,NY10022 Primary Zone 6103 NEIGHBORHOOD -ARTERIAL Primary Land Use 1111 STORE : RETAIL OUTLET Beds/ Baths I Half 0/ 010 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 $584,640 $439,480 Building Value $332,092 $332,102 $314,185 X:F value $20,100 $20,400 __' $0 Market value $1,131,712 $937,142 $752,665 Assessed Value $910,724 3827,931 $752,685 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 (lie. County, Schaaf Board, Ctty, Regional). Short Legal Description B V BtSC BADGER CLUB PB 1-116 BEG NE COR LOT 27 W19.5FT SW 112. 87FT E33.7FT N112FT POf3 & LOT 25 LOT SIZE 112,000 X 67 OR 15525-3155 0592 2 Generated On • 5/20/2015 Taxable Value Information county Exemption Value Taxable Value School Board Exemption Value Taxable Vatue City Exemption Value Taxable Value Regional Exemption Value Taxable Value 2014 $0 $0 $1,131,712 $0 $910,724 2013 $0 $927,931 $0' $937,142 $0 $927,931 50 SO S91 O724 5827,931 2012 SO $752,686 $0 $752,665 S0 $752,685 SO $752,665 Sales information Previous Sale Price OR Book - Page Qualification Description 01/30/2014 $100 29015- 4011 Corrective, 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. 05/0111992 $332,000 525- 3155 Qual by verifiable & documented evidence 02/0111991 0 14934- 2172 Qual by exam of deed The Office of the Property Appraiser is contlnualiy editing and updating the iax roll. This websfle may no1 reflect the most eurient information an accord. The Properly Appraiser and Miami -fade County assumes no !lability, see Tut dIsclaimer and User Agreement at htlp://www.mlemidade.govilrifoldIscialmer.esp Version: itti.) Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY AAPPRAISER Summary Report Property information Folio: Property Address: Owner 01-3219-019-0190 3737 BISCAYNE BLVD MACARTHUR PROPERTIES 111 LLC Mailing Address 140 E 55 ST STE 1D NEWYORK, NY 10022 Primary Zone 6103 NEIGHBORHOOD -ARTERIAL Primary Land Use 1081 VACANT LAND - COMMERCIAL : VACANT LAND Beds / Baths 1 Half 010/0 Fieors 0 Living Units Actual Area 0 0 Sq,Ft Laving Area 0 So Ft Adjusted Area 0 Sq,Ft Lot Size 4,368 Sq,Ft Year Built 0 Assessment Information Year 2014 2013 2012 Land Value $281,980 $130,980 $174,640 Building Value $0 $0 $4 XF Value $0 $0 $0 Market Value $261,960 S130.980 S174,640 Assessed Value $144,078 $130,980 r $174.640 Benefits information Benefit Type 2014 2013 r 2012 Non -Homestead Gap Assessment Reduction $117,882 Note; Not ali benettts are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 19 53 42 P8 1-115 BUENA VISTA RISC BADGER CLUB COS LOTS 21 & 23 LESS SE PORTION LYG IN RAN LOT SIZE 4366 SQUARE FEET Generated On : 5/20/2015 Taxable Value Information Count L_ 2014 2013 2012 Exemption Value Taxable Value $0 $144,078 S0 $130,980 S0 174,640 School Board Exemption Value SO SO l $0 Taxable Value $261,960 S130,98D $174,840 City Exemption Value $01 30 $0 Taxable Value $144,078i $130,980 Regional 5174,640 Exemption Value $0 S0 $0 Taxable Value $144,078 130,980 $174,640 Sales Information Previous Sale 01/30/2014 01130/2014 05/01/1992 02/01/1991 Price $100 $3,000,000 $332,000 S0 OR Book - Page 29015- 4011 29015- 4005 15525- 3155 14934- 2172 Qualification DeacriplIon Corrective, tax or QCD; min consideration Transfer where the sale price is verified to be part of a package ar bulk safe. Quaff by verifiable & documented evidence Qual by exam of deed The Office of the Property Appraiser Is continually edging and updating the tax fall, This website may not reflect the most current information an record. The Property Appraiser and Miami -Dade County assumes no flablitty, see full disclaimer and User Agreement at ht1p://vrww.miarnidade,govrintoldiscleimer,asp Versfan: 6V Oe70f5 Property Search M ilGalion- Mlami•Dade Comte I OFFICE OF THE PROPERTV APPRAISER Summary Report Property Information Folic: Property Address: 01-3219-011-0310 306NE38ST Owner MACARTHUR PROPERI IES 111 LLC Malting Address 140 E 66 ST STE 1D N EW YORK , NY 10022 PrimaryZone 6103 NEIGHBORHOOD-ARTER1AL Primary Land Use 1081 VACANT LAND - COMMERCIAL ; VACANT LAND Beds / Baths / Hatf Floors Living Units 0/0/0 0 0 Actual Area 0 Sq.Ft 'Living Area Adjusted Area 0 Sq.Ft 0 Sq.Ft Lot Size LYear Built 10,825 Sq.Ft 0 Assessment information •Year 2014 2013 2012 Land Value $866.000 3649,500 $487,125 Building value $0 $0 $0 XF Value $0 50 $0 Market Value 3856,000 $649,500 $487.125 Assessed Value $589,420 3536,837 $457,125 Benefits Information Benefit Type 2014 2013 2012 Non -Homestead Cap Assessment Reduction $276,580 $113,663 Note: Not all benefits are applicable to ail Taxable Values (i.e County, School Board, City. Regional). Short Legal Description 19 53 42 MAGNOLIA PARK 2ND AMD P$ 5-25 LOT 30&31 LESS ST&LESS R/W LOT SIZE SITE VALUE OR 15525-3165 0592 2 Generated On : 5/20/2015 i T29ILii4rlal Piwc4grai 01 Taxable Value Information County Exemption Value Taxable Value School Board Exemption Value Taxable Value City $589,420 20141 $DF $0 20131 $535.8371 $487,125 30 2012 30 $0 so $866,000 $649,500 $487.125 Exemption Value Taxable Value Regional $0 � $0 $0 $559,420$535,837j $487.125 Exemption Value Taxable Vafue $0 $589,420 $0 $535,837� 30 3487,125 Sales information Previous Sale 01/30/2014 0113012014 35/01/1992 )4/01/1992 Price $100 $3,000,000 $332,000 so OR Book - Page 29015- 4011 29015- 4006 15525- 3155 15521- 1679 Clualification Description Corrective, tax or QCD; min consideration Transfer where the sale price Is verified to be part of a package or bulk sale, Qua' by verifiable & documented evidence Qual by exam of deed 1 The Office of the Properly Appraiser is continually edlIrrg and updating the tax roll. This websile may not reflect the most current tnforrnatlon on record. The Properly Appraiser end Miami -Dade County assumes no liability, see full declaimer and User Agreement at http./lwww.mlamldwde.gaviiinfoldisciefiner,asp Version: 5"2Q2015 Property Search Aagltaitfon- Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: Property Address: Owner Mailing Address Primary Zone Primary Land Use Beds / Baths / Hall Floors iving Unit Actual Area Living Area Adjusted Area Lot Size Year Suitt 01-3219-011-0290 316 NE 38 ST MACARTHUR PROPERTIES flu LLC 140 E 56 ST STE 10 NEWYORK , NY 10022 6103 NEIGHBORHOOD -ARTERIAL 0802 MULTIFAMILY 2-9 UNITS : 2 LIVING UNITS 4/3/0 1 2 Sq.Ft Sq.Ft 2,492 Sq.Ft 10,251 Sq.Ft 1026 Generated On ; 5/20/2015 Assessment Information Year 2014 2013 2012 Land Value $820,050 $815,050 5410,040 Building Value $19,515 $19,515 $10,000 XF Value $0 $0 So Market Value 5839,595 5634,575 $420,040 Assessed Value $508,248 $462,044L $420,040 Benefits Information Benefit Type 2014 2013 2012 Non -Homestead Cap Assessment Reduction $331,347 $172.531 Note: Not all benefits are appticalale to ail Taxable Values (i.e. County. School Board, City, Regfonafj. 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 Taxable Value information County Exemption Value Taxable Value School Boa Exemption Value Taxable Value Ity Exemption Value Taxable Value Regional Exemption Value Taxable Value 2014 $0 $508,248 SO 839,595 S0 2013 2012 50l so $462,044] $420,040 $0 $634,575 SO $508,248 $0 $462,044 50 5a $420,040 $0 $420,040 $0 $508,248, $482,044 $420,040 Sales Information 01130/2014 01/30/2014 10/01/1997 $4, 250,000 $75,000 OR Book Page 29015 29015- Oualfiicalkm Descripttan Corrective, 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; ()Dal 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 Properly Appraiser and Miami -Dade County assumes no lability, see full disclaimer and UserAgreerrienl al http:/Avrw.i.miamidade.gov/Info/disclairner.asp Version: 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, T6-8-0, 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, T4-0 and T3-L zoned properties. To the northwest are T6-12-L, Civic Institution, T5-0, T4-0 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 ..a1111111‘ REZONING APPLICATION RECEIVED PLANNING DEPARTMENT PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SEFI9N 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-41G4t 6" `j = `' www.miamigov.comlhearing boards .I I Lt.aftit 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 (81/2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF; BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the 'Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 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'Azx11 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 Tess 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. 0 % 2013 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 3`d 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 3' Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: D 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 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 00II be fain . e form of a certified check, cashier's check, or money order. Signature Address 200 S. Biscayne Blvd., Suite 850 Name Melissa Tapanes Llahues Miami, FL 33131 Telephone.(305) 377-6227 STATE OF FLORIDA -- COUNTY OF MIAMI-DADS E-mail mtapanes(7a brzoninglaw.com �7 The foregoing was acknowledged before me this l 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 personal/ known to me or who has produced as identification and who sid (d'• ot) , ke an oath. Ile (Stamp) Rcv. 07-2013 BEr y EAE i t �� .1 Notary public State NA ' ►4 ri= Y Carnet of Florida ''8444t'`,, cam Expires Mar S. 201E rTrisslon a' FF 078662 4 MACARTHUR PROPERTIES III, LLC, 140 EAST 56TH STREET, SUITE 1D NEW YORK, NY 10022 LIMITED POWER OF ATTORNEY 1, 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; 01-3219-01.9-0190; 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 56TJ STREET, SUITE 10 • NEW YORK, NY • 10022 PHONE; (212) 421-4560 FAX:(212) 421-4556 Signed, witnessed, executed and acknowledged on this ICI day of Ont? yiitriess Signare t °tomP r'1'1A-Q+) Lze_s Print Name Witness Signature } � I � Fran 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 VI day of , 2015, in the County and State aforesaid. t My N'[\StP S'� 14 aaceedoOc'1 s an �xp"g C otary Public State ' New York Signature 11 fa. 13 Q.,GTO 6,4 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: That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. That all owners who he/she represents, if any. have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ILf including or 0 not including responses to day to day staff inquires, That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Melissa Tapanes Llahues, Esq. on behalf of MacArthur Properties III, LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applif'.nt ) S� Hato The foregoing was acknowledged before me this I" day of Julv 2015, by Melissa Tapanes Llahues, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, PLLC a(n) individual/partnership/corporation. HelShe is personally known to me or who has produced as identification and who dick ( an oath. (Stamp) NIMity Publk LLERENA •Sits of F+orida s 411iFft hpifex Mar 5. 2018 4inmis s ion M FF 078662 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 Ill, 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. Contomichaios (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 38tb 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. N/A Street Address(es): Legal Description(s): 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 tO day of July 2015, by Melissa Tapanes Llahues, Esq. who is a(n) individuallpartnerlagenticorporatio + f`' 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®f(s. an oath. 1 (Stamp) • BETTY LLERENA Si Notory Public • State of Florida My Comm, Expires Mal 5, 2018 Commission # FF 078852 Rev. 07-2013 6 DEPARTMENT OF PLANNING AND ZONING LAND USE AND REZONE COMMENTS SEPTEMBER 201 5 CYCLE June 11, 2015 Melissa Tapanes Llahues, Esquire Bercow Radeli & 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-O. 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, 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 2No AvENuE, 3A0 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 Transept 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. /ine?relY, Ja■ • 'lin- Ellis Pia, 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 444 SOUTHWEST 2N© AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - www.MiAMiGov.coM PRE -APPLICATION REFERRAL 01-3219-011-0310; 01-3219-011-0290; 01-321-019-0230; 01-3219-019-0190 ' ; 06/01/2015 .S Pc- wogf Folio # I .. Date Melissa Tapanes Llahues, Esq. on behalf I of MacArthur Properties 111, LLC ; / `" Miami Highline - 15-- u f)pev- t,—.1757(5Lt-Jt- Applicant Name = Project Name (305) 377-6227 mtapanes@brzoninglaw.com Applicant's Phone Number_ . Applicant E-mail Address 3701 Biscayne Boulevard, Miami, Florida 33137; 3737 Biscayne Bouevard, Miarni, Florida 33137; Project Street Address 306 NE 38 Street, Miami, Florida 33137; and 316 NE 38 Street, Miarni, Florida 33137 TO BE COMPLETED BY THE OFFICE OF ZONING: 0 One (1) 24"X36" or larger set of signed and sealed plans ❑ Survey within one year with Building Baseline established by Public Works Transact Zone -1. l . - Type of f�r it Requested — Code Section Summary of Request Date CITY OF MIAMI PLANNING & ZONING DEPRTMENT Ph: 305- 416-1499 444 SW 20d rive 4th Floor Miami, FL 33130 wwW. miam igov.com /zoning Revised 0712a12013 111111111111111111111111111111111111111111111 Prepared by and return to. Suzanne A. Dockerty Attorney at Law SUZANNE A. DOCKERTY, P.A. 110 Merrick Way Suite 3-8 Coral Gables, FL 33134 File Number: 247168-1 Will CallNo.: CFI4 2O14FOO84602 Oft Bk 29015 Psis 4008 - 4010; (31)90 RECORDED 02/03/2014 15:20 57 DEED DOC TAX 25,500.00 SURTAX 19,125.00 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY, FLORLDA [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this -b day of January, 2014 between Art By God, Inc., a Florida corporation whose post office address is GO 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 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 (510.00) 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, hered'ttaments 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 wan -ants 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 Decent her 31, 2013_ In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTIrre.. Book290151Page4008 CFN#20140084802 Page 1 of 3 Signed, sealed and delivered in our presence: Art By God, Inc.ridaoration Gene Harris, President Witness Name: State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 9 0 day of January 2014 by Gene Harris, as President of Art By God, Inc., a Florida corporation. Who is [ ]perionally known or [ ] has pro + a driver's license as identification. [Notary Seal] Notary Public Print Name: My Commission Expires: : "''vm; SUZANNE A. n0CKER'1Y 4 ;� Natal), Public • State of Florida / My Comm. Expires Jun 1, 2014 Comm[esian • OD 998539 Warranty Deed - Page 2 ❑oubleTimee Book29015/Page4009 CFN#20140084602 Page 2 of 3 OR Bit: 29015 P{ 4010 L 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 corner of said Lot 28, thence Southerly along the Easterly line of said Lot 28, a distance of 122.25 feet to the Southeasterly corner of said Lot 28; thence Westerly along the Southerly line of said Lot 28, a distance of 45.64 feet; thence North 43°18'1.0" 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. Book290151Page4010 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 Call No.: CFI 2014ROO84601 OR Bk 291115 i`ss 4005 - 40071 (3Pas) RECORDED 02/03/2014 15120:57 OLEO DOC TAX 1B4O00.00 SURTAX 131$00"00 W RVEY RUVIIt t CLERK OF COURT MIAMI--DADE CDUHTYr FLORIDA [Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this _go 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, masts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and ether 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 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 and is free of all encumbrances, except taxes accruing subsequent toDecember 31, 2013. DoubleTimev Book290151Page4005 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. Sig n4d,'sealed and delivered in our presence: c.,---= � (Seal) isela Harr State of Florida County of Miami -Dade The foregoing instrument a s acknowledged before me this day of January 201Gene Han -is, who is [ 1 personally known or [ as produced a driver's license as identification. [Notary Seal] a- st a a a ai s er a. .�' �P�e�•.• SUZANNE A. DOCK'ERTY -} Notary Public -State of Florida • = � y : ' My Comm. Expires Jun 7. 2014 Commission # 00 998639 State of Florida County of Miami -Dade Notary Public Print Name: _. My Commission Expires: The foregoing instrument was acknowledged before me this 31) day of January 2014 by Gisela Harris, who is` personally known or j ] has produced a driver's license as identification. [Notary Seall SUZANNE A. OOCIORiY Notary Public • Rote ai Flo der z µy comm. Expires Jun 7, 2014 coman # 00 998639 Warranty Deed - Page 2 Print Name: My Commission Expires: DoubleTimeo Book290151Page4005 CFN#20140084601 Page 2 of 3 OR Bk.. 29015 PG 40+-17 LAST PAGE EXHIBIT "A" Lots 21, 23, 25, and 27 of PLAT NUMBER 1 OF BUENA VISTA I3ISCAYNE-BADC3ER- 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 comer 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 comer 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 comer 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. Book299151Page4007 CFN#20140084601 Page 3 of 3 1 I111111111111111 I1111111111111111111 IIII Illl CFN 2 D14-RLrt 846Cr3 OR Bk 29015 Pss 4011 - 40121 (2ess) RECORDED 02/03/2014 15:20:57 DLED DOC TAX 0.60 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Prepared by and return IQ: Suzanne A. Dockerty Attorney at Law SUZANNE A. DOCKERTY, P.A. 110 Merrick Way Suite 3-B Coral Gables, F1, 33134 File Number: 247168-1 Will Call No.: [Space Above This Line For Recording D taJ Quit Claim Deed This Quit Claim Deed made this :3' 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 I D, 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 Invitees) 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 AlvIENDED 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-CLIJB 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. DoubleTirnes Beok29015/Page4011 CFN#20140084603 Page 1 of 2 OR 81ti 29015 PG 4-012 LAST PAGE enalfies of per'ury�+, l yd��eclaarrethat I have read the foregoing Affidavit and that the facts stated in it are true. e4r 1-0 cat Gene Harris Art By Gad, Inc., a Florida corporation Gene Harris State of Florida County of Mimi -Dade The foregoing instrument was acknowledged before me this 20 _clayof January 2014 by Gene Harris, individually and as President of Ari by Clod., Inc., a Horida corporation, who is [ rsonally known or [ ] has produced a driver's license as identification. [Notary Seal] r _ SUZANNE A. DOCKERTY • Notary Public - Slate at Florida My Comm. Expires Jun 7, 2014 '••a4 ;°" Commission # ba 998639 State of Florida County of Miami -Dade Print Narne: My Commission Expires: The foregoing instrument was acknowledged before me this . day of January 2014 by Gisela Harris, who is Mor personally known or [ ] has produced a driver's license as identification. [Notary Seal] i s • 1 tNRY PUsy s SUZANNE A. [7llCIiER7Y I f ° Notary Public - State of Florida 4 Ei s My Comm. Expires Jun 7, 2014 I sy r ?' Commission f DO 998639 R Fite Number: 247166-1 —Notary Public Print Name; Tj My Commission Expires: ❑ouhtaTimer. 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 160% 04.14. Secretary of State Tracking Number: CU1736140389 To authenticate this certificate,visit the follo►ving site,enter this number, and then Follow the instructions displayed. https://services.sunbiz.org/FilingsJCertificateOfStatus/CertiticateAuthentication CITY OFMIAMI ;"J 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 CELLPHONE: 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) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. 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? Q 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. 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 1 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 o one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Sig tore Melissa Tapanes Llahues Print Name Sworn to and subscribed before me this I "mil day of U k 7 2015 The foregoing instrument was acknowledged before me by f 1..1 "[ ucafrit.6 who has produced as identification andlor is personally known to me and who did/did not lake an oath. STATE OF FLORIDA 4 CITY OF MIAMI • tme ►li rr/1 AIL, MY COMMISSION Notary EXPIRES: -j— j^ { `r ) AIM LA r Enelasure(sj -�� 1lETTN LLERENA Pent Name Doc. No 86543 t.54 Rotary Public - State of Florida .:tih Comm.. Expires Mat 5. 2011 Page 2 Commis=lots • FF 071552