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HomeMy WebLinkAboutApplication and Supporting DocumentsFirst Name: Email: City of Miami Planning Department & Office of Zoning httpl/www.mialrigov.com'plannin httpl/www mianugov.com'zonint E-rmi eplanpz mmiamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 Javier Last Name: jfernandez@siogylaw.com Femandez Vacation Closure Application This final dedsm may be 3aimidatl to Ire Ranring, zorgng mtl aApe�3 Baas M/mamggdeed parry roman fifteen 06h drys of Ne daMM riaMMO W Mila a written ma, and appropriate mar the Hearing Boards Omslon, locarea a04310sw2n0 Ammo 1 3rd Floor, Miami,, FL 33130. -.Marron rumder (300416-2O36-2030. PRIMARY APPLICANT INFORMATION First Name: Javier Corporation: SMGQ Law Address: 1200 BrickellAvenue Last Name: Fernandez City: Miami State: Florida hp: 33131 Email: j1 manlez smgglaw.com Phone: (305) 377-1000 PRIMARY OWNER INFORMATION First Name: Ayal Corporation: 4201 NE 2nd Ave LLC Address: 150 Broadway City: New York State: Email: ahorovits@helnequities.com Phone: Last Name: Horovits New York hp: (212) 608-5100 10038 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number: Parten-e 42 — Miami Design District 4201 NE 2 AV Miami 0132190090070 State: Florida Unit Number: 0 hp: 33137 vMINISTk SIGNATURE That under the penalty of perjury, I declare that all the information contained in this permit application is accurate to the best of my kno • That NO work or installation will commence prior to the issuance of a building pemit and that all work will be perfomed to meet regulating construction and zoning in this jurisdiction. • I will, in all respects, perform work in accordance with the scope ofthe pemit, the City of Miami's codes and all other applicable ordinances. • That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating construction • That separate permits rimy be required unless specifically covered with the submittal of this application. • That there maybe additional permits required from other entities. • Fees shall be paid prior to the review and issuance ofthe permit, as necessary. • Permit fees are non-refundable mains detlsm may he;qdealea to the Planning. Zoning and Appeals Board Maryaggnewe partY.wttnn nrcsen 116) Gays of the Gate of posting Writing written appeal and appropriate fee wim Ile Healing Bawds omslcrt located at 444SW 2nd Avenue, 3N flow. Miami. FL 33130. Telephone number 509 416-2030. PZ-22-14464 03/22/24 Fp ARTMENT b APPLICANT OWNER / OWNER REPRESENTATIVE Fh t Name: Signature: Date: Javier Last Name: Fernandez April 13, 2022 First Name: Signature: Date: Javier Last Name: April 13, 2022 Fernandez This gnat dedsicn maybe wpealed to the Planning. zoning and Appeals Baas byany aggrieved party, within fifteen (16) days of the Gate of posting by flung a written appeal ami apprcpnate fee W M the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (3o9416-2030. ATTORNEYS SMGQLAW.coM Vacation and Closure Application Documents Index A-0 Index for Drawings PAP-1 Vacation & Closure Application PZD-1 Letter of Intent PZD-2 Tentative Plat PZD-4 Sketch and Legal Description PZD-5 Legal Description Title in Packet: Exhibit "A" PHO-1 Photos of Site PZD-7 Opinion of Title PZD-8 2015 Application Fact Sheet PZD-9 2015 Application Legislation PZD-10 2015 Application Staff Analysis PZD-11 2015 Application HB-2 Acknowledgment by Applicant HB-3 Proof of Lobbyist Registration HB-4 Affidavit of Authority to Act HB-5 Disclosure of Agreement to Withhold Objection HB-6 Disclosure of Ownership HB-8 Certificate of Status HB-9 Corporate Resolution/ Power of Attorney SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO, LLP SMGQLAW.COM 1200 BRICKELL AVENUE, SUITE 950, MIAMI, FL 33131 I TEL: 305.377.1000 FAX: 855.327.0391 HB-14 Confirmation Letter from City PZD-30 Disclosure Affidavit of No Monies Due to t This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlrg by ging a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP ' SMGQLAW.COM ATTORNEYS SMGQLAW.coM November 3, 2022 Ms. Olga Zamora, Administrator Office of Hearing Boards Planning & Zoning Department 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlrg by ging a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. Re: Vacation & Closure Application of a Platted Easement located between NE 2nd & 4th Avenues and NE 42nd & 43rd Streets, Miami, Florida Dear Ms. Zamora: Our firm represents 4201 NE 2nd Avenue, LLC (the "Owner") of a property with a street address of 220 NE 43rd Street, Miami, Florida (the "Property"). The Property consists of an assemblage of approximately 1.9 acres +/- which is bisected from east to west by a ten foot (10') and approximately 3,585 sq. ft. (0.082 acres +/-) platted, utility easement. Via the adoption of Ord. No. 13505 on March 12, 2015 (the "Development Order"), the Property was incorporated within the boundaries of the Miami Design District Special Area Plan. Said Development Order modified the location of the zoning transect boundaries of the subject Property and authorized its redevelopment for a mix of uses. Concurrent with this request, the Owner is advancing a tentative plat application (the "Plat"), which application was approved by the City of Miami ("City") Plat & Street Committee in November of 2014 and remains active through June 2023. Approval of this request to vacate and close the platted easement and of the companion Plat will permit the redevelopment of the Property consistent with the Development Order. Vacation and Closure Approved In 2015 In 2015, Owner submitted a vacation and closure application for the same easement and using the same arguments as outlined in this letter. In its review of the prior closure request, City staff concluded that the "proposed utility easement closure is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan." Additionally, City staff stated that this "closure will facilitate cohesive development, economic growth, and revitalization, as the proposed development on the block is within the Miami Design District Retail Street SAP." Resolution No. R-15-0423 approving the closure was unanimously adopted by the City Commission on September 24, 2015 (the "Closure Resolution"). Our Request and Analysis Given that Closure Resolution has expired, after utilizing multiple emergency order extensions, Owner is seeking the City's approval of a new closure resolution so that it can complete the re -plat that before the expiration of its tentative plat in June 2023. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO, LLP ' SMGQLAW.COM 1200 BRICKELL AVENUE, SUITE 950, MIAMI, FL 33131 TEL: 305.377.1000 FAX: 855.327.0391 Section 55-1 5(c) of the City Code of Ordinances ("Code") sets forth the four (4) crit be satisfied for the approval of a vacation & closure request. Specifically, an applicant mu that the: (i) request is in the public interest or would benefit the general public; (ii) the ri easement is not being used by the general public, including public service vehicles includin This final detlslal maybe mpealed to the Planning. Zoning and Appeals Board layany aggrieved party,withln fifteen (15) days of the Gate of posfirg by gang a mitten appeal and ammo,. lee the Hearing Bawds Mesion. located at 444SW 2M Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. garbage trucks, police, fire or other emergency vehicles; (iii) request will not have an adverse effec City's ability to provide police, fire, or emergency services; and (iv) request will not have an adverse effect on pedestrian and vehicular circulation in the area. The subject application satisfies each of the above -outlined City Code requirements in the following manner and Staff confirmed that these elements were met when the first application was approved in 2015: 1. Is it in the public interest, or would the general public benefit from the vacation of the right-of- way or easement? The instant vacation and closure request will permit the Owner to redevelop the site consistent with the controlling Development Order and the conditions listed therein. Redevelopment of the site consistent with the controlling conditions will result in the development of uses that will provide additional retail, commercial, office and parking amenities for the surrounding neighborhood. In addition, the approval of the vacation request will facilitate the development of a neighborhood parking along NE 43rd Street frontage. In 2015, Staff concluded the general public would benefit from the vacation for the following reasons: 1) the easement is for utilities and is not open to the general public or vehicular traffic; 2) the vacation and closure will create a unified development site; 3) the project will provide amenities for the general public and 4) as part of the re -platting process, new sidewalks and improved roadways will be provided on public streets enhancing pedestrian and vehicular access. 2. Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? Presently, the public is not using the easement area. Public and emergency vehicles currently access the site from the surrounding streets - NE 2nd and 4th Avenues and NE 42nd and 43rd Street. Therefore, the existing easement is not presently utilized by the general public. In 2015, Staff concluded that the easement is not open to pedestrian or vehicular access therefore the general public, police, fire -rescue, and service vehicles do not use the easement. 3. Would there be no adverse effect on the ability to provide police, fire or emergency service? No adverse effects on the City's ability to provide police, fire or emergency service will be realized by the proposed vacation of the existing platted easement. Adequate police, fire or emergency services can be provided via access from the four (4) streets -NE 42nd Street, NE 43rd Street, NE 2nd Avenue, and NE 4th Avenue -which ring the Property. In 2015, Staff concluded there would be no adverse effect on the ability to provide emergency and service vehicle access to the adjacent property or the surrounding neighborhood. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP ' SMGQLAW.COM 4. Would the vacation and closure of rights -of -way easements have a bene pedestrian and vehicular circulation in the area? The vacation and closure of the existing platted easement will have a beneficial effect on This final decision maybe mpealed to the Planning. Zoning andd Appeals Board layany aggrieved party,withln fifteen (15) days of the Gate of posfirg by gang a mitten appeal and ammo,iare fee the Hearing Boards Mesion, located at 444SW 2M Avenue, 3rd Floor, Miami, PI_ 33130. Te@phone number (309416-2030. and vehicular circulation within the area as the redevelopment of the site will result in the develop sidewalks along the perimeter of the Property which will improve the pedestrian condition. Pedestrian circulation will be further improved because of a condition of the Development Order which requires that that the pedestrian walkway along NE 4th Avenue and NE 43rd Street to be improved with a covered walkway in the form of a gallery or arcade. Vehicular circulation will also be enhanced in so far as the traffic cues that presently form on NE 2nd Avenue -the busiest of the abutting thoroughfares -will be either lessened or removed with the proposed access/egress to the Property will occur from other portions of the Property. In 2015, Staff concluded the public streets abutting the plat will be improved with new sidewalks and pavement enhancing access to the property while improvement pedestrian and vehicular circulation in the neighborhood. For each of the foregoing reasons, we strongly encourage the City Commission to re -approve this request to vacate and close the platted easement, which would be both consistent with its past decisions and the recommendations provided by City staff and Planning, Zoning and Appeals Board when they previously reviewed/considered the Closure Resolution. Enclosure(s) Respectfully submitted, cfl Javier E. Fernandez, Esq. Cc: David Snow, Interim Director, Planning Department Daniel S. Goldberg, Esq., Zoning Administrator, Office of Zoning Jacqueline Ellis, Chief of Land Development, Planning Department SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP ' SMGQLAW.COM TREE TABLE CERTIFIED BY: ERIN SANTIAGO, ARBORIST FL-5705A LIAF INSPECTOR #2018-0214 THE SANTIAGO GROUP, LLC {hesanDagograupllc4gmailcorn (954)947-1087 Tree Gammon Name Mark Oboe DER HMO Canopy eoteNeal Name (inches) (feet{ (feet) Black Olive Sur. laucems 30 40 Gumbo Limbu Black °lose 30 40 1,0,0 Palm Gumbo Limbo Coryoto so A,mm umtw earaem,nmae0 Melaleera meinfeam gar„m,ernm,na... Mealeuca Melialeuca qtn,quemegv, CnronutPalm Cow, nor/era n/a Gum. Um. Burser„,imonA„ Mum, IMU 10 Gumbo Limbo 10 Tropical Almomi 20 14 20 Mkalemca 22 Gumbo Limbo so 30 missing Gumbo Limbo C.,xon. Palm umW �mbo ---- Cr.,,nut Palm Mango T,e� ,rr er, nA7em iam ahoyany 44ieee4ia44n4944 Silver aintonwood 35 Mango 20 25 Mrttonwood CooDnut Palm allloganyxln_________ twofers., Coeasnvefara 15 23 IS 14 47 08 50 Damon Mahogany DemErmarARMEnRE Manoeom ,„anoao_ oiPmm.ao mAogany ea f mahogoni o 52 MahoganY 20 22 IS Cub,m Laurel nitalo Pers.. umerican* St) 48 30 606 nrzym Gumbo Limbo Gumbo Live OA 61 tVoshingtr.., BUISMI 45 11 12 Oak 10 Im ltl u610 Rdanidia merrdb Christmas Im Itl0u41e1 ndomoer meMlti 68 Gumbo limbo 25 Florid@ That. Palm Mango fin, 74 75 Matlag.a.acar4 Madagascar Olive NuMonia emcnyina. 76 Made ase., eveuoihonioemnr irzaeo BOUNDARY AND TOPOGRAPHIC SURVEY AND TENTATIVE PLAT OF HELM DESIGN A REPLAT OF LOT 5, BLOCK 2, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 2, OF REVISED PLAT OF TRACT'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR 4201 NE 2ND AVE LLC, A FLORIDA LIMITED LIABILITY COMPANY C/O HELM EQUITES, LLC 150 BROADWAY, SUITE 800 SAID SITUATE, ESQUARE FEET BEING IN THE MORE ORMLESS, M DnDE COUNTY,FLORIDA AND NEW YORK, NY 10038 PHONE. (212) 608-5100 LOCATION MAP A PORTION OF SECTION 19. DEVELOPMENT INFORMATION LAND USE SOILAGE FE, SHRTS HOURS GETAEL 3,600 80 RESIDENTIAL (MULTvnwL, UNITS REIREL 75,000 CONTACT PERSON INFORMATION PULICE LAND SURVEYORS - JANE STORMS TELEPHONE NUMBER: 954-572-1777 E-MAIL ADDRESS ECEPELLICELANDSURVE4ORS COM LEGAL DESCRIPTION. LOT 5 BLOCK 2. OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOON 40. PAGE 66. PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA AND TRACT 2. OF REMSED PLAT OF TRACT 'A' AND TBLOCKS HEREOF AS RECORDEDIN PLAT BOOK 44. PAGE 6NPUBLIC RECORDS OF MACCORDING TO THE PLAT MIAMI-DADECOUNTY.FLORIDA NOTES. 1) ELEVATIONS ARE BASED ON CITY OF MIAMI DATUM: MIAMI-DADE COUNTY BENCHMARK NO, C-243: ELEVATION: 15.13 FEET. N DATUM ELEVATION: 39 (CITY DF MIAMI F C/LPROJECTED FROM THE 15. 2) eDATUM). L ONE. COMMUNITY No_120650 PANEL 3) THIS SITE LIES IN SECTION 19, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE cos., 4) BEARINGS ARE BASED ON THE MONUMENT LINE OF NE 42ND STREET BEING 5893500"E. 5) REASONABLE EFFORTS WERE MADE REGARDING THE EXISTENCE AND THE LOCATION OF UNDERGROUND UTILITIES. THIS FIRM. HOWEVER. DOES NDT ACCEPT RESPONSIBILITY FOR THIS INFORMATION. BEFORE EXCAVATION OR CONSTRUCTION CONTACT THE APPROPRIATE UTILITY COMPANIES FOR FIELD VERIFICATION, 6) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS aR THIS SURVEY IS THE VERTICAL ACCURACY OF ELEVATIONS OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY I0 IS sarF coRTuRs No PARKING SPACES, a)H THIS SAIDNDE OESD, DATED SEPTEMBER 14, 2020_ THE FOLLOWING ITEMS ARE EXCEPTIONS IN OPINION: ITEM AGREEMENT IN O.R.B. 29595 PAGE 4542, APPLES TO THIS SITE BUT IS NOT PLOTTABLE. 9) H ITEM ORDER IN 0. R'677, PAGE 3932, APPLIES 0 ZONED: THIS SITE BUT IS NOT PLOTTABLE. T4-L AND 75-0 PER MIAMI 2 ZONING CODE. THE PROPERTY HAS BEEN ADDED TO THE MIAMI DESIGN DISTRICT SPECIAL AREA PLAN. 77 r ,) HOBSERVED EVIDENCE OF CURRENT EARTH MOMNG WORK, OR BUILDING 12) THERE WAS NO TN SERVED EVIDENCE OF RECENT STREET OF SIDEWALK CONSTRUCTION OR REPAIR. 13) AS NO OBSERVED EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY JJ LANDFILLSHEETDADE COUNTY FLOOD CRITERIA: 5.0 FEET PER PLAT BOOK 120, PAGE 13, 2 OF 5. 15) PARCEL N - Fouo NUMBER 01-3219-009-0070_ 17) THE EXPRESS PURPOSE OF THIS PLAT IS TO CLOSE. VACATE AND ABANDON FROM USE THE ENTIRE 10 FOOT UTILITY EASEMENT PLATTED BY BRENTWOOD, PLAT BOOK 40, PAGE 66, AND SHOWN ON REVISED PLAT OF TRACT AND BLOCKS 1. 2. 3. 8, 9. 10. 11, 12 OF BRENTWOOD, PLAT BOOK 44, PAGE 6, BO, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,RECO RDED ORDED DOCUMENTS ARE PER MAM DADE COUNTY. r- GRAPHIC SCALE SHEET 1 OF 2 laDLTiMelHjilrleriENS DT I.orn,err=m.�F. Lr/N,lae� 46131, OBTAIN DRAINAGE INFORMATION 6,1,6 BB. O. REVISIONS BY HELM DESIGN FLORIDA SeM2 CERTIFICATION. HEREB�/Yp�CoERTIFY: THAT THIS SKETAg OF SURVEY A,'ET$TNE S7ANDAljgS OF Pq CE SET F,05R7N� 'IICAL SEJl h s 'VE offTAND MAPF Joh 9L F.APuIice, 'SM Pu l ice1-TATEA OF oo? sltltCf1R20226W44G0 1 E1 J.TL.LJ D V4 V BOUNDARY, TOPOGRAPHIC, TREE SURVEY AND TENTATIVE PLAT 1 /111.DRAWN BY. AG ,...CHECKED BV•J PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 57217 X: (954) 572-1778 surve,Copulicelondsurveyors corn CERTIFICATE of AUTHORIZATION LBp3070 VEV DATE• 7,2Z1 ORDER NOM g:01T7IEe Zgf,,jinggog, rag R-25.00' .Ar90°25'00 A-39.45' aL kWDi5u41R0i29 TRACT 3 "REVISED PLAT OF TRACT "A" AND BLOCKS 1. 2. 3, 8, 9, 10, 11 & 12 OF BRENTWOOD" PLAT BOOK 44, PAGE 6 N8935005N 455.03' E. I'd ' bE utREET.kaf/ ZONE T4-L PROPOSED TRACT"A' 18,676± SQUARE FEET (0.42873 ACRES) 9'35'00•W 35v( 00'E 253.90' N.E. 42ND STREET TRACT 1 REVISED PLATO4FCTTR2ACT "A' AND PLAT BOOK 44. RAGE 6 ,,g9„_s ZONE T5-O PROPOSED TRACT 'B' 62,304± SQUARE FEET eta, (1.4303± ACRES) ® 44 grvgggaIleig LOT 2 BRENTWOOD PLAT BOOK 40. PAGE 66 R-90.00' CA-76°28'01• 7 A=120.11' "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, 9, 10, 11 & 12 OF BRENTWOOD" PLAT BOOK 44, PAGE 6 TRACT A mscmo i1) 3°31P5' 517,- GRAPHIC SCALE I I LEGEND CONCRETE ASPHALT PAVEMENT ,O ELEVATION —c— UNDERGROUND GAS LINE UNDERGROUND WATER LINE UNDERGROUND WATER LINE —p" — OVERHEAD E CENTERLINE OFFICIAL RECORDS BOOK TP TRAVERSE a.R.e. POINT (FOR FIELD INFORM TON ONLY) R= RADIUS CA= CENTRAL ANGLE A= ARC LENGTH FPL FLORIDA POWER LIGHT COWAN, SLAB CHORD BEARING CD CHORD DISTANCE GVD29 NATIONAL GEODETIC VERTICAL DATUM OF 1929 PVC POLYMN5L CHLORIDE RCP REINFORCED CONCRETE PIPE CC 1- 0 Q O 0 3 e 0 U. SHEET 2 OF HELM DESIGN 220 P OSRD STREET MIAMI, ADEO000NTY, FLORIDA, BOUNDARY, TOPOGRAPHIC. TREE SURVEY AND TENTATIVE PLAT PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 (954) 575-1,5 aON(954) 572-1773 E-MAIL surveys@pul e CERTIFICATE OF AUTHORIZATIONLE30870 DRAWN 13, AC SCALE. 1• - 20' CHECKED 13, J.F.P 9URv6v DATE. 7/16/20 ORDER NO.. ST307 WEST LINE TRACT 2 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys' pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 NE 43rd STREET TRACT 2 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, $PLAT1BOOK 44,2PAGEB6ENTWOOD" S89°35'00"E 359.74' N89°35'00"W 357.26' NE 42nd STREET F:aMINIST1 This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved pahyvnthln fifteen (15) days of the date of posting by flung awntten appeal and apprcpnate fee with the nearing Boards O'rssion. located at 444 SW 2nd Avenue. 3rd 0000 Mtg., FL 33130. Telephone number (300 416-2030 PZ-22-14464 03/22/24 NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF NE 4th AVENUE, BEING ASSUMED S13°56'59"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. rFILE: HELM EQUITIES SCALE: 1"=60' I DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: HELM DESIGN SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Exhibit "A" SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 This Anal dedsim maybe appear tothe Planning. Zoning and Appeals Board byany, aggrlesed party,thin fifteen (15) days of the date of posting by filing awntten appeal and apprcpate fee with the hearing Boards Orssionlocated at 444 SW 2nd Averue. 3rd Fbor, Man, FL 33130. Telephone number (300 416-2030 LEGAL DESCRIPTION: ALL OF THE 10.00 FOOT WIDE UTILITY EASEMENT, BEING A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, OF SAID PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13°56'59" WEST ALONG THE EAST LINE OF SAID LOT 5, ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RIGHT—OF—WAY LINE 10.00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5.00 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359.74 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, 11 AND CONTAINING 3,585 SQUARE FEET MORE OR LESS. l rFILE: HELM EQUITIES 1 SCALE: N/A DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: HELM DESIGN r SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 JOHN�F. P I PROFESSIONAL SURVEYOR AND MAPPER LS2691 0 BETH BUF(NS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 Opinion of Title To: City of Miami, a municipal corporation This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. With the understanding that this Opinion of Title is furnished to CITY OF MIA FLORIDA in compliance with Section 54-58 of the Miami City Code, and as an inducement for acceptance of vacation and closure on the real property hereinafter described. It is hereby certified that we have examined the complete Abstract of Title completely covering the period from the 21st day of May, 2017 to the 9th day of March, 2022 at 11:00 PM, inclusive, of the following described property: All of Block 2, of Brentwood, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Miami -Dade County, Florida. ALSO KNOWN AS: Lot 5, Block 2, of Brentwood, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Miami -Dade County, Florida AND Tract 2, of Revised Plat of Tract 'A' of Blocks 1, 2, 3, 8, 9, 10, 11, and 12, of Brentwood, according to the plat thereof, as recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. Basing our opinion on said complete abstract covering said period we are of the opinion that on the last-mentioned date the fee simple title to the above described real property was vested in: 4201 NE 2ND AVE, LLC, a Florida Limited Liability Company Also, Ayal Horowitz, as managing member, is authorized to sign on behalf of 4201 NE 2nd Ave, LLC, a Florida Limited Liability Company Subject to the following encumbrances and exceptions: RECORDED MORTGAGES, ASSIGNMENTS & MODIFICATIONS: NONE RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGEMENTS: NONE GENERAL EXCEPTIONS: 1. General or special taxes and assessments required to be paid in the year 2022 and subsequent years. 2. Rights or claims of parties in possession not shown by the public records. 3. Rights of lessees under unrecorded leases. 4. Encroachments, overlaps, boundary line disputes, and any other matters disclosed by an accurate survey and inspection of the premises. 5. Easements or claims of easements not shown by the public records. 6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. This final detlslal maybe mpealed to the Planning. Zoning and Appeals Board layany aggrieved party,withln fifteen (15) days of the Gate of posfirg by gang a mitten appeal and appropriate lee the Hearing Bawds Mesion. located at 444SW 2M Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. 7. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 8. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. a. Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and b. Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) 9. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. SPECIAL EXCEPTIONS: 1. Matters as set forth on the plat of Brentwood as recorded in Plat Book 40, Page 66, Public Records of Miami -Dade County, Florida. 2. Matters as set forth on the plat of Revised Plat of Tract "A" and Blocks 1, 2, 3, 8, 9, 10, 11, and 12 of Brentwood recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. 3. Supplemental Final Order and Judgment recorded in O.R. Book 26284, Page 4511, Public Records of Miami -Dade County, Florida. 4. Amended Easement Deed by Court Order in Settlement of Landowner Action recorded in O.R. Book 28495, Page 1054, Public Records of Miami -Dade County, Florida. NOTE: Property referenced in page 1070 of the instrument. 5. Amended Easement Deed by Court Order in Settlement of Landowner Action O.R. Book 28686, Page 4149, affected by Cover Page Active Lines Easement Order in Settlement of Landowner Actions recorded in O.R. Book 28922 Pa of Substitution of Easement Deed by Court Order in Settlement of Landowner Ac recorded in O.R. Book 29004, Page 1694, Public Records of Miami -Dade County, F 6. Restrictive Covenants establish and provide without limitation for easements, recorded in Deed Book 2119, Page 427, as affected by Partially Release recorded in Clerk's File Number 1956 - 54466; Clerk's File Number 1956 - 54467; Clerk's File Number 1956 - 54468, Public Records of Miami -Dade County, Florida. 7. Development Agreement recorded in O.R. Book 29595, Page 4542, Public Records of Miami -Dade County, Florida. 8. Resolution recorded in O.R. Book 29936, Page 1680, Public Records of Miami -Dade County, Florida. The following is a description of the aforementioned "Abstract of Title": This final decisicn maybe monied to the Planning. zoning and Appeals Board byany aggrieved party,witan fifteen (16) days of the Gate of posting by flung a written appeal age apprcpriate Me with Me Healing Boards Division. located at 444SW 2M Avenue, 36I Floor, Miami, R 33130. Telephone number (309416-2030. Number Company Certifying Number of Entries Period Covered 1249139 Attorneys' Title Fund Services, LLC 17 To 3/9/2022 at 11:00 PM I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar: Respectfully submitted this 1 2th day of April 2022. i Signature Javier E. Fernandez, Esq. Florida Bar No. 76883 Sanchez -Medina, Gonzalez, Quesada, Lage, Gomez & Machado LLP 1200 Brickell Avenue, Ste. 950 Miami, FL 33131 File ID: Title: Location: Applicant(s) Purpose: Finding(s): Planning and Zoning Department: Plat & Street Committee: Planning, Zoning and Appeals Board: City Commission: CITY COMMISSION FACT SHEET 15-00904ec This final dedsicn maybe a,pealed tote Planning. Zoning and Appeals Board byarry aggrigeod fartt,,wthn fifteen OS) clays of the date of posting by filing a written appeal ard apprcplate Iee xMa the Healing Boards O'wxion. locatedat4445W 2nd Avenue, 3rcl Floor, Miami, FL 33130. Telephone number 505, 416-2030. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA. Approximately between NE 2nd Avenue and NE 4th Avenue and between NE 42nd Street and NE 43rd Street [Commissioner Keon Hardemon - District 5] Javier Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC 150 W. Flagler Street #2200 Miami, Florida 33130 305-789-3501 This will close, vacate, abandon, and discontinue for use the platted utility easement. Recommended approval with conditions. Recommended approval on November 6, 2014, by a vote of 5-0. Recommended approval on July 30, 2015, by a vote of 7-1. September 24, 2015 City of Miami Legislation Resolution File Number: 15-00904ec This final decisicn maybe aopealed to the Planning. Zoning and Appeals Board byarry aggrieeecl party, vsthe fifteen OS) clays of the date of posting by flung a written appeal and apprcplate tee alth the Heeling Boards O'wxion. Iocatedat4445W 2nd Avenue, 3rcl Floor, Miami, FL 33130. Telephone number t305, 416-2030. Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE, AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA. WHEREAS, the Plat and Street Committee, at its meeting on November 6, 2014, reviewed the subject tentative plat entitled "Helm Design," and determined that all technical requirements have been met and by a vote of five to zero (5-0), recommended approval of the vacation and closure as set forth; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 30, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-050 by a vote of seven to zero (7-0), item PZAB 1, recommending APPROVAL of the vacation and closure as set forth; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way as hereinafter described, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The utility easement approximately located between Northeast 2nd Avenue and Northeast 4th Avenue, and between Northeast 42nd Street and Northeast 43rd Street, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Section 3. Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period. Section 4. The approved final plat must be recorded within the four (4) year approval period of the City of Miami Page 1 of 2 File Id: 15-00904ec (Version: 2) Printed On: 9/4/2015 File Number: 15-00904ec requested vacation and closure. Section 5. This Resolution shall become effective immediately upon its adoptio the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: VICIIfORIA MENDEZ CITY ATTORNEY o� This final decisicn maybe aopealed to the Planning. Zoning and Appeals Board byarry aggrieeecl party, vst a fifteen OS) clays of the date of posting by flung a written appeal and apprcplate tee alth the Heeling Boards O'wxion. Iocatedat4445W 2nd Avenue, 3rcl Floor, Miami, FL 33130. Telephone number 505, 416-2030. Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id:15-00904ec (Version: 2) Printed On: 9/4/2015 File ID 15-00904ec Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-050 July 30, 2015 Item PZAB.1 This final decisicn maybe aopealed to the Planning. Zoning and Appeals Board byarry aggrieeecl party, vst a fifteen OS) clays of the date of posting by flung a written appeal and apprcplate tee alth the Heeling Boards O'wxion. Iocatedat4445W 2nd Avenue, 3rcl Floor, Miami, FL 33130. Telephone number 505, 416-2030. Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED, Upon being seconded by Mr. David Young, the motion passed and was adopted by a vote of 7 0: Ms. Jennifer Ocana Barnes Mr. Chris Collins. Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr, Charles A, Gibson Ms, Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel. Milian Mr. Juvenal Pifia Ms, Melody L. Torrens Mr: Manuel J. 'Vadillo Mr. David H. Young Fracisco"Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Yes Absent Absent Yes Absent Yes Yes Absent Absent Yes Yes Yes Execution ate Personally appeared before me, the undersigned authority,. Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida,. and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS � 1 DAY OF O- ,KR 9-, 2015, V 64- $c 1 11Lo Print Notary Name I Personally know K. or Produced I.D. Type and number of I,D, produced Did take an oath or Did not take an oath d. Notary Public State of Florida My CommissIon Expires: (j,� VANE88ATRUJILLO *}, MY COMMIBSION N FP 22994h t " XPIRE$; July 11, 2019 bonded Ttru Wary PO* Newby* FzotAIN IS T Exhibit "A" SKETCH AND LOAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777WAX: (954) 572-1778 E—MAIL: surveyeapulIoolancleurveyors.00rn CERTIFICATE OE AUTHORIZATION LB#3870 r 49 This linal decision may be monied to the Planning. Zoning and Appeals Board byany aggrieved party,Wthin fifteen (15)days ol the date of posting by fling a wntten appeal aryl apprcpnate fee WM the Healing Boards Division. located at 444SW 2nsi Avenue, Zrol Floor, Miami, FL BOO. Telephone number (30 .016-2030. PZ-22-14464 03/22/24 .°44M4ENT LEGAL DESCRIPTION: ALL OF THE 10,00 FOOT WIDE UTILITY EASEMENT, BEING -A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", A.CCORDING TO THE PLAT THEREOF AS RECORDED. IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRA.CT 'A' AND BLOCKS 1, 2, 3, 8, '9, 10, 11, AND 12, OF BRENTWOOD", L. ACCORDING 'TO —THE- PLAT -THEREOF- AS -RECORDED —IN -PLAT -BOOK' 44,- -PAGE-6;-'0E--SAID--PUBLIC.- - RECORDS OF MIAMI—DADE COUNTY, FLORIDA,. BEING MORE PARTICULARLY DESCRIBED AS 1 FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT .5; THENCE SOUTH 1356'59" WEST ALONG THE EAST LINE OF SAID LOT 5., ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5,00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357,26- FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT —OF --WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RICHT—OF—WAY LINE 10,00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 500 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359.74 FEET TO A P01.NT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, AND CONTAINING 3,585 SQUARE FEET MORE OR LESS, rFILE: HELM EQUMES SCALE: N/A 1 DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: HELM DESIGN SHEET F 2 THIS DOCUMENT .IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 JOHN F. P ROFESSIONAL SURVEYOR AND MAPPER LS2691 BETH BUKNSI PROFESSIONAL. SURVEYOR AND MAPPER LS6136 NO- r a MTIE SKETCH AND LEGAL DES RIPTION PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAID SUNRISE, FLORIDA 33351 TELEPHONE; (954) 572-17.‘770FAX; (9541) 572-1778 curveysCpullooldnclaurvoyors,00rn OMTIFIOATE: Or AUTHORIZATION 1130870 NE 43rd STREET TRACT 2. "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, PLA9, TB10,OOK 11 84 4412PAOGEF BRENTWOOD" , 6 891600"F,•36974' EAST LINE TRACI 2 POINT OF BEGINNING NE CORNER LOT 6 •••••..••. • '',.' CIA cz$) .4$ e .<ek.., AsLLiIp >'ss<b7c,;(7- N'tS NE 42nd STREET PZ-22-14464 03/22/24 itzotAINIST This linal decision may be monied to the Planning. Zoning and Appeals Board byany aggrieved party,Wthin fifteen (15)days ol the date of posting by fling a wntten appeal aryl apprcpnate fee WM the Healing Boards Division. located at 444SW 2nsi Avenue, Zrol Floor, Miami, FL BOO. Telephone number (30 416-2030. ss. kr$ NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT—OF—WAY LINE OF NE 01 AVENUE, BEING ASSUMED Si 3°58'59"W. 2) THIS IS NOT A SKETCH :OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY, 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FrFILE: HELM EQUITIES SCALE: 1".--160" r DRAWN: L.S. ORDER NO.: 59130 - • " " . DATE: 6/27/15 10' UTILITY EASEMENT;YACATION MIAMI, •MIAMI-DADE COUNTY, PLORIDA FOR: HELM DESIGN SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 KA" i ANALYSIS FOR UTILITY EASEMENT CLOSURE File ID# 15-00904ec This final dedsien maybe agpealed to the Planning. Zoning and Appeals Board byany aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcplate fee with the Hearing Boards O'rvaion. located at 444SW Ord Avenue, 3rd Fla,, Miami, FL 33130. Telephone number (309416-2030. PZ-22-14464 03/22/24 REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the closing, vacating, abandoning, and discontinuing for use a 10-foot wide utility easement. PROJECT ADDRESS: A portion of 220 NE 43rd Street FOLIO#: 01-3219-009-0070 APPLICANT: Javier E. Fernandez, Esquire on behalf of the property owner, 4201 NE 2' Ave LLC. COMMISSION DISTRICT: District 5 - Keon Hardemon ZONING DESIGNATION: T4-L and T5-O NET OFFICE: Wynwood/Edgewater GENERAL INFORMATION: REQUEST: Pursuant to Section 55, Section 55-15(c), of the City Code of Ordinances, the applicant requests the vacation and closure of a 10-foot wide, platted utility easement. BACKGROUND: On March 12, 2015, this property was incorporated within the boundaries of the Miami Design District Retail Street Special Area Plan (Ordinance Number 13505). This area is addressed as Block 5 East of the Miami Design District Retail Street SAP. The purpose of the request to vacate and close the platted utility easement will facilitate redevelopment of the property consistent with the development order. El T3-L 4 . �/ NE 43R i .10�f* ///T44-//1 �"1 -mil ,, ;II f r �� T5-O /frNE42NDST6'flj___ �T5�a / Miami Design District Retail Street.Special Area PPj�la/n/� / As depicted above, the utility easement is located within the property know as 220 NE 43rd Street and travels through the property in an east -west orientation. The utility easement is 10 feet in width and contains approximately 3,585 square feet of land, of the 1.86 acre site. City of Miami Planning and Zoning Department This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate lee with the nearing Boards Division. located at 444SW 2nd Avenue. 3r1 nbor, Marti, ne 33130. Telephone number(3057416-2030. The property is generally bounded by NE 43rd Street to the north, NE 42nd Street to th Avenue to the East, and NE 2"d Avenue to the West. The complete legal description of the with the Hearing Boards Section. ANALYSIS: The following is an evaluation of the request pursuant to Section 55-15(c) of the City Code of Ordinances which provides that in addition to technical requirements for vacation and closures, that the Street and Plat Committee review four (4) public interest findings related to vacation and closures. 1. Public Interest finding: Is it in the public interest, or would the general public benefit from the vacation of the rights -of -ways or easements? Street and Plat Committee Response: The easement is for utilities and is not open to the general public or vehicular traffic. The vacation and closure of the easement will create a unified development site. The ground level of the proposed project includes amenities available to the general public. As part of the re -platting process, new sidewalks and improved roadways will be provided on all abutting public streets enhancing pedestrian and vehicular access and circulation. The ground level of the proposed project includes amenities available to the general public. 2. Public Interest Finding: Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage truck, police, fire or other emergency vehicles? Street and Plat Committee Response: The easement is not open to pedestrian or vehicular access. The general public, police, fire -rescue and service vehicles do not use the easement. 3. Public Interest Finding 3: Would there be no adverse effect on the ability to provide police, fire or emergency services? Street and Plat Committee Response: There would be no adverse effect on the ability to provide emergency and service vehicle access to the adjacent property or the surrounding neighborhood. 4. Public Interest Finding: Would the vacation and closure of the rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? Street and Plat Committee Response: The public streets abutting the plat will be improved with new sidewalks and pavement enhancing access to the property while improving pedestrian and vehicular circulation in the neighborhood. The Plat and Street Committee members voted to recommend approval, 5 in favor and 0 in denial, of this easement closure request. CONCLUSION: The proposed utility easement closure is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (MCNP). This closure will facilitate cohesive development, economic growth, and revitalization, as the proposed development on this block is within the Miami Design District Retail Street SAP. Specifically, MCNP Policy LU-1.3.15 states that the City will continue to encourage a File Id # 15-00904ec 21Page City of Miami Planning and Zoning Department This final dedsien maybe agpealed to the Planning. Zoning and Appeals Board byany aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcplate fee with the Hearing Boards O'rvaion. located at 444SW Ord Avenue, 3rd Fla,, Miami, FL 33130. Telephone number (309416-2030. PZ-22-14464 03/22/24 development pattern that enhances existing neighborhoods by developing a balanced including areas for employment, shopping, housing, and recreation in close proximity to each o Based on the Street and Plat Committee findings and the discussion above, the Planning and Zoning Department recommends the Approval of the request subject to the following conditions: 1. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). 2. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 3. Per Miami 21, Appendix F, "Miami Design District Retail Street SAP", Section 5.5.1(c), In lieu of provided a cross -Block Pedestrian passage for Block 5 East, any Building or Structure constructed thereon shall, at a minimum, incorporate a Cantilever, Arcade or Gallery along NE 2' Avenue Frontage from Block 5 East, cantilevered Awnings and entry canopies shall be liberally used as part of the Building design along said Frontage, subject to the limitation set forth in Section 5.5.2 of the Miami Design District Retail SAP, and in combination with street trees to ensure that pedestrians are adequately protected from the elements. 4. The applicant or their successor shall meet development standards identified in the Miami Design District Retail Street Special Area Plan and all applicable local, state and federal regulations. 5. The Applicant or their successor shall comply with the conditions of approval stated for the Helm Design, Tentative Plat #1852, in a letter dated November 12, 2014 from the Department of Public Works. Christopher Brimo, AICP Chief of Land Development Jacqueline Ellis Planner II July 17, 2015 File Id # 15-00904ec 31Page • City of Miami Planning and Zoning Department x4s� y- ice— --; .00'091 4.01100:00N This final dsosim maybe appealed tome Flanml% zoning and Appeals Board by any agarleted pany,withln fifteen (15l days due date of( sting by filing awntten appeal analapprcpnlatte ke with the hearing Boards Orssipnlocated at 444SW 2nd Avenue. 3rd 0000 Mama FL 33130. Telephone number (3051416-2030. 0 0 0 I L File Id # 15-00904ec 4IPage MIAMI 21 ZONING MAP 0 150 300 600 Feet NE 46TH ST NE 45TH ST NE 42ND ST - /7Jy/ T,5-O /ri/i Miami Desigrypistrict Retail StreetSpecial Area Plan' This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate lie with the Healing Boards Division. located at 444SW and Avenue. 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. ADDRESS: 15-00904ec FROM NE 2 AV TO NE 4 AV BETWEEN NE 42 ST AND NE 43 ST 0 150 300 PoMINIST, This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,aithin fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate ae with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. NE 43RD ST NE 42ND ST Writ nil NE 39TH ST • ■ P ` .. +'NE ▪ 338TH ST ir W 3 puree Esrl, )ig r. GPI be, Gep ye, i-c4ubed,, Earthsta GeogT�raphicsrtCNEt -� a `USG-,,AED Getmappng,-Aetogrid,IGN,IGP,s detipip andL -NOU. COomntunlry , tt 600 Feet PZ-22-14464 03/22/24 ADDRESS: 15-00904ec FROM NE 2 AV TO NE 4 AV BETWEEN NE 42 ST AND NE 43 ST Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-050 File ID 15-00904ec July 30, 2015 This Anal decisim maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. Item PZAB.1 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED. Upon being seconded by Mr. David Young, the motion passed and was adopted by a vote of 7 - 0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Absent Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Mr. Daniel Milian Absent Mr. Juvenal Pina Absent Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Yes Mr. David H. Young Yes Francisco'"Garcia, Director Execu Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 15 tion?)15),z.)0 ate Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. - SW pO/R/N AND SUBSCRIBED BEFORE ME THIS O_(GI(.( DAY OF S -, 2015. Print Notary Name Personally know K, or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: 11Fy' VANESSATRUJILLO , , * MY COMMISSION # FF 228944 EXPIfES: July 11, 2019 gyp;'° Bonded ihru Notary Poi* Underniitare Exhibit "A" SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 P�MINIST/� This final dedsian maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpnate lee with the nearing Boards Division. located at 444SW 2nd Avenue. 3r0Fb0r, Marti, FL 33130. Telephone number (3057416-2030 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys®pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 PZ-22-14464 03/22/24 /WENT Is LEGAL DESCRIPTION: ALL OF THE 10.00 FOOT WIDE UTILITY EASEMENT, BEING A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, OF SAID PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13°56'59" WEST ALONG THE EAST LINE OF SAID LOT 5, ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RIGHT—OF—WAY LINE 10.00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5.00 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359.74 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, AND CONTAINING 3,585 SQUARE FEET MORE OR LESS. FILE: HELM EQUITIES SCALE: N/A DRAWN: L.S. ORDER NO.: 59130 L ATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLi=TE. WITHOUT SHEETS 1 AND 2 JOHN F. P. ICI PROFESSIONAL SURVEYOR AND MAPPER LS2691 0 BETH B NS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR: HELM DESIGN WEST LINE TRACT 2 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys@pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 PoMINIST, This final deasian maybe a7pealed to the Planning. Zoning and Appeals Board by, aggrieved party,00thin fifteen (15) days of the date of posting by filing awntten appeal and apprcpnato fee with the Fearing Boards O'rvaion located at 444SW 2nd Avenue, 3rd Fbon Miami, FL 33130. Telephone number (3057 416-2030. NE 43rd STREET TRACT 2 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, $PLAT1 BOOK 44,2PAGE66ENTWOOD" S89°35'00"E 359.74' N89°35'00"W 357.26' NE 42nd STREET PZ-22-14464 03/22/24 EAST LINE TRACT 2 POINT OF BEGINNING NE CORNER LOT 5 NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF NE 4th AVENUE, BEING ASSUMED S13°56'59"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. rFILE: HELM EQUITIES SCALE: 1"=60' I DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: HELM DESIGN SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 VACATION AND CLOSURE APPLI This final dedsim maybe appealed to the Planning. Zoning and Appeals Board byany aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee telth the nearing Boards Boston located at 444 SW 2nd Avenue. 3rd poor, Mtg., 0y 33130. Telephone number (3057 416-2030 PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SEC 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-41 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five Working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00, pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (81/2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 1 VACATION AND CLOSURE APPLI Please refer to Chapter 55 of the Miami City Code for Vacation and Closure i Applicant(s): 4201 NE 2"d Ave LLC 2. Description of area: Ten foot wide utility easement This final dedsian maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apomp,. lee 23 (3 the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Fbor Mtg., FL 33130. Telephone number (30416-2030 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8%x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8'hx11" prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8'/x11" sketch of survey in #3 above can be labeled, "Exhibit A". 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. The subject property(ies) cannot have any open code enforcement/lien violations. 16. What is the acreage of the project/property site? 1.9 +/- acres 17. What is the purpose of this application/nature of proposed use? To vacate and close utility easement Rev. 07-2013 2 VACATION AND CLOSURE APPLIC This Anal dedsian maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpnate lee with the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Fbor, Marti, FL 33130. Telephone number (3057 416-2030 18. Is the property within the boundaries of a historic site, historic district or arc Please contact the Planning and Zoning Department on the 3rd Floor for information 19. Is the property within the boundaries of an Environmental Preservation District? Please co Planning and Zoning Department on the 3rd Floor for information. No 20. What would be the anticipated duration of the presentation in front of the: 0 Planning, Zoning and Appeals Board 15 mins and/or I] City Commission 15 mins 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signatures / Address 150 W. Flagler St. #2200 Name Javier E. Fernandez Miami, FL 33130 Telephone 305-789-3501 E-mail jefernandez(a stearnsweaver.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this o24 day of June 2015, by Javier E. Fernandez who is a(n) individual/partner/agent/corporation of 4201 NE 2dd Avenue LLC, a(n) individual/partnership/corporation. He is personally known to me or who has produced as identification and who did (did not) take an oath. , /1 (Stamp) Si ate ,s;'y'c LINDACHRISTIAN MY COMMISSION # FF 206330 EXPIRES: March 24, 2019 ;141,Rfort, o Bonded Thru Notary Public Underwriters i Rev. 07-2013 3 VACATION AND CLOSURE APPLI This final dedsian maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpriato fee 23 (3 the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Pk, Mtg., FL 33130. Telephone number (300416-2030 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Javier E. Fernandez , 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, 0 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. Javier E. Fernandez Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this a-r day of June 2015, by Javier E. Fernandez who is a(n) individual/partner/agent/corporation of 4201 NE 2"d Ave LLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not4 takes oath. (Stamp) gnat `•ti0 gf.4;;a LINDA CHRISTIAN =4' F MY COMMISSION tt FF 206330 Pg EXPIRES: March 24, 2019 F °PBonded Thru Notary Public Underwriters Rev. 07-2013 4 VACATION AND CLOSURE APPLI 1. This final dedsian maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpriato fee 2311 the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Pk, Mtg., FL 33130. Telephone number (3057416-2030 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami 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) 4201 NE 2nd Ave LLC Percentage of Ownership See attached Exhibit "B" Subject Property Address(es) 220 NE 43 Street; Folio No. 01-3219-009-0070 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): Javier E. Fernandez Owner(s) or Attorney Name Own-r s) or 1v6rne I y gn ature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this oZS day of June 20 15 , by Javier E. Fernandez who is a(n) individual/partner/agent/corporation of 4201 NE 2nd Ave LLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) tyke an oath. (Stamp) gin+ rretis LINDA CHRISTIAN ,. ,. MY COMMISSION 4 FF 206330 w,=.a;i EXPIRES: March 24, 2019 Bonded Thru Notary Public Underwriters Rev. 07-2013 5 CITY OF MIAMI VACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP Exhibit "B" This Anal decision maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of posting by Bung a written appeal aM apprcpnate ke with the Healing Boards Division. located at 444SW 3M Avenue. 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. SUBJECT PROPERTY STREET ADDRESS(ES): 220 NE 43rd Street (Folio No. 01-3219-009-0070) OWNER'S NAMES): OWNERSHIP INTEREST (%) 4201 NE 2ND AVE LLC 100% ■ 4201 NE 2ND AVE LLC is owned as follows: ➢ Gindi Group 50% > Bailey Group 50% ■ Gindi Group is owned as follows: > Isaac A. Gindi 25% > Raymond Gindi 25% > Isaac S. Gindi 16.66% > Eddie Gindi 16.66% > Jack Gindi 16.66% ■ Bailey Group is owned as follows: ➢ Ayal Horovits 80% > David Escava 20% #4332344 vl This final dedsim maybe appea Appeals Board byany agarlesed p: date of posting by filing awntten the Hearing Boards Ilvision. to 3rd Rom Mami FL 33130. Tele, PZ-22 State of Florida Department of State I certify from the records of this office that 4201 NE 2ND AVE LLC is a limited liability company organized under the laws of the State of Florida, filed on June 27, 2014. The document number of this limited liability company is L14000103744. I further certify that said limited liability company has paid all fees due this office through December 3 I, 2015, that its most recent annual report was filed on April 22, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 Viz% 0#00% Secretary of State Tracking Number: CU8728141978 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. h ttps://services.su n biz.org/Filings/CertificateOfStatus/CertificateA uthe ntication 03/2 to the Planning. Zoning and , wltldn fifteen(15)days of the teal aM apprcpnate fee anatia ed at,A4SW 2M Avarua. net -lumber (309 416-2030. 14464 /24 From:, Division o orporatia • 14 JUN 27 AO L: 08 Florida Department of State Division of Corporations . Electronic Filing Cover Sheet Note: Please print this page and use it as a cover sheet. Type the fax audit number (shown below) on the top and bottom of all pages of the document. (((H14000154813 3))) 111 IlIlUhIlIl 11111111 11111 hill Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet. . To: Di.vtsion of Corporations Fax Number : (850)617-6383 This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee telth the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd 0000 Mtg., 00 33130. Telephone number (300 416-2030 From: r� Account Name : NATIONAL CORPORATE RESEARCH, LTD, •=••• r` : Account Number : 120000000088 r>.4, Phone : (800)221-0102 (,;;• _,,! Fax Number : (800)944-6607 in 11 **Enter the email address for this business entity to be used for futuri9,;. 4 annual report mailings. Enter only ono email address please.** %;•: !) nn ars Email Address! FLORIDA LIMITED LIABILITY CO. 220 NE 43 LLC Certificate of Status Certified Copy Page Count Estimated Charge 0 Electronic Filing Menu ' Corporate Filing Menu Help https://efile.sunbiz.org/scripts/efilcovr.exe -•1 N. thaw Alilfrd08141 From., '•1 .. 06/26/2014 22:13 (((1-1 14000154813 3))) ARTIC LESOFO1 GANTYATION PORFLORIDALUMIrEDLIABII?IY COMPANY, AIITICLE l - Name: The name of the.Limited Liability Company Ise 220 NE 43 LLC • (Must end with the. words "Limited Liability Company, "L.L.C.," or "LLC.") ARTICLE I[ - Address: The malting address end street address of the prinoipai office of the Limited Liability Company is: P.rincinal Oxnce Addresst Ma(IinaA.ddretjL eta Holm gqulnee LLC ato Helm Gqulnee LLO 160 eroedway, $ufto 600 160 sroaeway, tiuko 860 Now York, New York 1 DDDB Now York, New York 10098 This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board byany, aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal ano apprcpate fee with the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd 0000 Mami, FL 33130. Telephone number (300 416-2030 ARTICLE 11l - Registered Agent, Registered OMee, & Registered Agent's Signature: (The Limited Liability Company cannot serve as Its own Registered Agent, You must designate an individual•or, ,sal.. another business entity with an active Florida regtatratton,) ' i!^, The name and the Florida street address of the registered agent aro:'�` = t:.w :� � National Corporate Roeearch, Ltd., Inc. cryct.. Name ;n —4 rn 11':1 105 Offlae Plaza Drive :-n ' 0 Florida street address (P.O, Box N,QI acceptable) r • `.,i r ; 42 Tallahasaoo FL 32301;l.�i W City Zip tv Having been named as registered agent and to accept service ffprocess for the above stated limited liability company at the place designated In this certUicate, / hereby accept the appointment as registered agent and agree to act in this capacity, 1 further agree to comply with the provisions of all statutes relating to the proper and complete performance q/'my duties, and I am familiar with and accept the obligations gfntyposition as registered agent as provided fir In Chapter dot, F.S., aC """ Mar nl• HSj ' IsJrrf!!ortd Registered Agent' i e (RPQUIRED) V (CONTINUED) Page oft (((N14000154813 3))) From:: Finn¢ Nees: SI 25.00 Piling Pee for Articles of Organization rind 1)eatgnation of Registered Agent $ 30.00 Certified Copy (Optional) S S.00 Certificate of Status (Optional) Page 2 of 2 (((H14000154813 3))) 06/26/2014 22:13 (((H14000154813 3))) ARTICLE I"V� The name and address of each person authorized to manage and control the Limited Liability Company: Title£ *� mgg and Address: "AMER" - Authorized Member "MOR" Manager MOR ORVkl Essays, 0/oHolrn I!. ullloo U.0 160 Broadway, ()Mils aUU Now Yak, Now York 10038 MOH Ayal HtjNta, du Halm @qulu.s t3,0 150 ttroo dway, auks e0O Now York, Now York 1006e This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee telth the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd 000h Mtg., 32 33130. Telephone number (3057 416-2030 (Use attachment if necessary) ARTICLE V: Effective date, if other than the date ()filling: (OPTIONAL) (If an effective date is (tttadi the date must be specific and cannot be more than five boldness days prior to or 90 days after the date of IIting,) ARTICLE VI: Other provisions, Wetly. JU OUIRED SIGNATUR 3 gnatureof it member ora . at orizer e,r.sentativ fa member. (In accordance with section 605.0203 (l) • , orida tatutes, a execution of this document c.onstitutos an affirmation undor the penalties of perjury that the facts stated herein aro true. I am aware that any false tnfortnation submitted in a document to the Department of State constitutes a third degree felony as provided for in s, 817,155, F.S.) , rjteA,. ,Ea2.�K' 1.7osk.C.P rsgf-ttc . Types: or pri nod name o s, gnoe ii ; r? . • 0' l' STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. June 25, 2015 Ms. Olga Zamora, Administrator Office of Hearing Boards Planning & Zoning Department 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) days of the Gate of postlng by Bung a written appeal aM apprcpnate lie with the Healing Boards Division. located at 444SW and Avenue. 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. Javi 150 West Flagler Stree Miami, Direct: (305) 789-3501 Fax: (305) 789-2620 Email: jefernandez@stearnsweaver.com Re: Vacation & Closure Application of a Platted Easement located between NE 2nd & 4th Avenues and NE 42m1 & 43rd Streets, Miami, Florida Dear Ms. Zamora: Our firm represents 4201 NE 2nd Avenue, LLC (the "Owner") of a property with a street address of 220 NE 43rd Street, Miami, Florida (the "Property"). The Property consists of an assemblage of approximately 1.9 acres +/- which is bisected from east to west by a ten foot (10') platted, utility easement. Earlier this year the Property was incorporated within the boundaries of the Miami Design District Special Area Plan via the adoption of Ord. No. 13505 on March 12, 2015 (the "Development Order"). Said Development Order modified the location of the zoning transect boundaries of the subject Property and authorized its redevelopment for a mix of uses. Concurrent with this request, the Owner is advancing a tentative plat application (the "Plat"), which application was approved by the City of Miami ("City") Plat & Street Committee in November of 2014. Approval of this request to vacate and close the platted easement and of the companion Plat will permit the redevelopment of the Property consistent with the Development Order. Section 55-15(c) of the City Code of Ordinances ("Code") sets forth the four (4) criteria which must be satisfied for the approval of a vacation & closure request. Specifically, an applicant must demonstrate that the: (i) request is in the public interest or would benefit the general public; (ii) right-of- way or easement is not being used by the general public, including public service vehicles including trash and garbage trucks, police, fire or other emergency vehicles; (iii) request will not have an adverse effect on the City's ability to provide police, fire, or emergency services; and (iv) request will not have an adverse effect on pedestrian and vehicular circulation in the area. The subject application satisfies each of the above -outlined City Code requirements in the following manner: 1. Is it in the public interest, or would the general public benefit from the vacation of the right-of-way or easement? MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE June 25, 2015 Page 2 The instant vacation and closure request will permit the Owner to redevelop the s with the controlling Development Order and the conditions listed therein. Redevelopment consistent with the controlling conditions will result in the development of uses that will p additional retail, commercial and parking amenities for the surrounding neighborhoods. In addition, the approval of the vacation request will facilitate the development of a neighborhood parking along NE 43rd Street frontage. This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number(30 416-2030. 2. Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? Presently, the public is not using the easement area. Public and emergency vehicles currently access the site from the surrounding streets — NE 2nd and 4th Avenues and NE 42nd and 43rd Street. Therefore, the existing easement is not presently utilized by the general public. 3. Would there be no adverse effect on the ability to provide police, fire or emergency service? No adverse effects on the City's ability to provide police, fire or emergency service will be realized by the proposed vacation of the existing platted easement. Adequate police, fire or emergency services can be provided via access from the four (4) streets — NE 42nd Street, NE 43rd Street, NE 2nd Avenue, and NE 4d' Avenue — which ring the Property. 4. Would the vacation and closure of rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? The vacation and closure of the existing platted easement will have a beneficial effect on pedestrian and vehicular circulation within the area as the redevelopment of the site will result in the development of sidewalks along the perimeter of the Property which will improve the pedestrian condition. Pedestrian circulation will be further improved as a result of a condition of the Development Order which requires that that the pedestrian walkway along NE 4th Avenue and NE 43rd Street to be improved with a covered walkway in the form of a gallery or arcade. Vehicular circulation will also be enhanced in so far as the traffic cues that presently form on. NE 2nd Avenue — the busiest of the abutting thoroughfares — will be either lessened or removed with the proposed access/egress to the Property will occur from other portions of the Property. For each of the foregoing reasons, we strongly encourage the City to approve this request to vacate and close the platted easement. Very truly yours, avier E. Fernandez, Esq. Cc: Francisco Garcia, Director — Dept. of Planning & Zoning Irene Hegedus, Zoning Administrator STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, RA. HELM DESIGN _ -'1' Samuer Tale 1.6.596. Co...(kw4n 33, 2014 N3l92 Baas. Rape Commas Nape 62a89*Y600 9.640,06609. Burma .Dram: 3 ....4,mam. 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CU.. 29ka 69 Yen pjwa Indira D ma kmu Mango 16 III. u If 52' sr Em i.mwmh0*6 G 360 +o Salmi palaisrta f3Maae PMm 6 is la Gutl I NO 01 TH SURVEYUMAY BENREPRODUCED, IN ANY FORM OR BYYSUVEIL.. INC. ALL INGRESSANrfM[NS, D. RINUM ICRa..,.i In WRITING FROM A IICER OF POLICELAND suRVEYGPS ( w_T�auu 1 LOCATION MAP A YU . OF SECTION 19, i0WN5HIV 53 SOUTH, RNGF 42 oI, f,1tt OF MNNI, M -l1pUf OUNh, RIDA SCALE: 1'-30S' LEGAL DESCRIPTION. L01 5, RI.OLE 2, OF '8REN191000', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOCK 40 b, PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND TRACT 2, Cr 'REVISED PLOT OF TRACT "A" AND B.O.. 2, 3. , AND 12, OF BRENTWOOD.. ACCORDING TO THE PLAT DI04020 CREOF AS HUED IN PLAT BOON 44, PNr.E 6, PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA D BEING W THE CITY DI MI rt MIN, AND CONTAINING 60,980 SOUARE FEET (1.6590 ACRES) MORE OR LESS NIr NOTES. 1)) LITVATIONBENCHMARK ICU. CA EL, LINLNATIONAEVATION: 1 m's.i VERTICAL OAT.) OF 1929: MIAMI-0.E Cc. 3) THIS SITE LIESAINBASE SECiON 19. TOWNSHIP 53USOUTH.PANEL RANGE120650 42 0046, 0IFMl0ADE AP CLv4NPI,.. AR10A. 5) REPR1NG5 ARE BASED U4 THE DE REPAR LINE NG N E 4TEN STREET BEING LOCATION OF 5) RE UNDERGROUND UTILITIES¢RE THIS MADE HOWEVER, DOESNOT EXISTENCE AND THE lF1CATON Of ACCEPT RESPO1SIBILIT'! FOR THIS INFORMATION. BEFORE ENCAVARON OR CONSTRUCTION CUNIALI THE APPRGPRIAN UTILITY COMPANIES TOR OECD VERIFICATION IHk HOP.IZUNTAI P TIONAL. ACCURACY OF x£LI DEFINED IMPROVEMENTS ON IRIS SURVEY 15 VERTICAL AGO/RACY OF E.TATIONS OF WELL DEFINED IMPROMIENTS ON THIS SURVEY 32 .07' B) Mii 04, 9E 4AS+PH PNED WMaPACES DENEF OMMIIMENI 00 IDLE INSURgrvCE, ORDER N0: 4135398. /, .14EG BY IIOCLIiT NATIONAL RILE 2014. CE cUMPNY. 'MtH 4N EtFEG11Vc UAIk OF NNE 12, G A OCHE SCHEDULE REVISED JULS 1, 2SAI THE 10.L2, 3 ARE OI DOLE Bu EXCEPTIONS i0 SAID COMMITMENT ITEMS I, 2, 3 4 4v,s; AOOflESSEL. ITEM 5-MAIiEPS AS 5H0WN IN PLAT BOOK 40, PALE fie AND PLAN BOOR N, PAGE B, of FELL MIS 511E A5 OEPICTD HtRDN. TIE IS SITE fl BUT OPTIC CABLE INSIALI ARON UTIGAROI IN ORB 26204. PAGE /511, Ak iF1'15 M THIS SINE DUI IS NON PLGTTABLE. ISM 1 . AMENDED EA OS S'I DEEEU IN O.N T Pl UlI PAC[ 1059. ASSENTED BY U.R.B lB923. PAC! Th u 4 L NOT VI UI IPBLL �NUISADDRESSEDNTN 0) IMI15 51Tf S LURED 3-L. SUB URBAN ZONE AND C1, CIVIC INSIINTIONAL; PER MIp1Al 21 ZUNINO WE ul THERE Iva O O65FRVEU E'V1UtNCt jr CLFRENI EARTH MOVING WORK, Oh duILD1xG CONSTRUCIIUN 11) THERE AREOf O TOWN PROPOSED CHANGES IN STREET RIGHT WAY LINES THEWAS NO OBSERVED EVIDENCE OF RECENT STREET' OF SIDEWALK CUNSINUCTION OR REPAIR, 12) THERE WAS NO OBSERVED EVIDENCE OF SITE USE AS A 50L10 WASTE DUMP, SUMP OR SA/SITAR,I 14) M5 SITE ENCOMPASSES ALL O FOOD NUMBER 01 3219-009-0070. CERTIFICATION U FIOEULY NFRONAI MICE INSURNCC COAPNT; 42G1 NL 260 AVENUE A FDRIDA IIMIIEU uNLLIiY PA..HET; FQUITIEWT P1<IVATC BAMv. O .RUST, SIEAHN5 WEAVER MILLCR WTISSLER .YHADEFF 4 SITIERSbN. P.A.. HEIM EQul1IE5: THIS IS N CERTIFY THAT THIS MAP O PLAT AND S URVEY ON WHICH DASD WERE IS DASWERE M N ACCORDANCE V4M THE 2011 MINIMUM STANDARD DETAIL ILREQUIREMENTS FOR ALIA/AGSM LAND ONE SU ONRY , 41. 1UND ANO D N I ADOPIHT 1 A AND SPS. AND INCLUDES ITEMS I, 2 3. 4, 0fu). /ta), 1x. ID II(o)1. 1 IH of TABLE F THEREOF " NOI EVALID R 4.MOV1 THE SIGNATURE AND THE OIr�NN. 00 a FLOHIOA LJC >. 'P.'. MAPP 211 GRAPHIC SCALE COPYRIGHTSSW SURVEYORS, IN ALL RICH. RESERVED NO F 5 SUUN'., AT BE REPRODUPCE42IN ON BY MANS. WTHOUI ER ISSIUNYINN WRITING FROM AN OFFICER OF ulrcC IAND SUHINC. [POLICE. PROFESSIONALSURVEYOR ND 4 P E p 2 M BURNS PR0FE5510NAL SURVEYOR AND MAPPER LSb f�. .TA IE OF FDRIOA. 9fFFT r OF z HELM DESIGN u.'M1ALM I*AW*3A0�E CONTr FLORIDA. NO. REVISIONS BY BOUNDARY, TOPOG' - .d d App� ALTA/AGSM LAN• ri(aN IV INS Ihiti 13 / / / / LEGEND CT] CONCRETE r 1 ASPHALT PAIEMEN • ELLNATION UND ERGROUND Ga N UNDERGROUND ISATENUNE •^� UNDERGROUND WRIER LINE OVERHEAD WIRE C DENIM -RN k M0NUMENI I. INT • R OFFICIAL RECORDS ROD✓ TP TRAVERSE PUNT (FOR 1.EII. INT FIRMA NON ONL r) RADIUS CA CENTRAL ANGLE • NC IENCTH FP1 FLORIDA POWER & LIGHT COMPANY M.O.[.R. W., DADE COUNTY KI COMA CB CHORD REARING LD CHORD DISTANCE NGM]9 NAIDOUM 1201.1IC n.RIICAI I: 29 ACN x,M< ▪ GUMBO LIMBO MELALEUCA _ti COCONUT PALM TROPICAL ALMOND • FRANGIPANI is MANGO MAHOGANY * CABBAGE PALM fq. 000140K PINE UMBRLLLA TREE CHRISTMAS PALM SILVER DUIIONWUOD 10 AVOCADO AMERICAN ARBORVITAE LHOR1LEAF fl+. THIS DCCUMErvr IB nEIiHFR FU COMPLETE IMIHUUI SHEt IS i AND DR / / ////A STORY RESIOENCR TRACT 3 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, 9, 10, 11 & 12 OF BRENTWOOD° PLAT BOOK 44, PAGE 6, M.D.C.R. 31 l L ---�" —-- —� �—# _-2,,,,______ M. _ „o -a IF- -- �� s N1.,,. ., D STREET AR10 °301b8L/ A- .5.11 .1 STOR ,RESIDENCE TRACT 2 'REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3. B. 9, 10, 11 & 12 OF BRENTWOOD' PLAT BOOK AA, PAGE B, M.D.C.R. LOT 5, BLOCK 2 BRENTWOOD" ok PLAT BOOK 40. PAGE ON MAGA, 89°35'00T 234.28 Wy 5893500"E • 385.60' IL mL l °1- '.. -ten'-' _ 589'35'00"E 293.90' N,E. 42Np STREET TRACT 1 "REVISED PLAT OF TRACT "A" AND BLOCKS1, 2, 3, 6, 9, 10, 11 & 12 OF BRENTW00D"I PLAT BOOK 44, PAGE 6, M.D.C.R. pe"I TRACT A 2.30' CO W CC r GRAPHIC SCALE (itp of Sfliaini November 12th, 2014 4201 NE 2ND AVENUE, LLC c/o Javier Fernandez, Esq. 150 Broadway Suite 800 New York, NY 10038 DANI This Anal decision maybe agpealed to the Planning. Zoning and Appeals Board layany aggrieved party.eethin fifteen (15) days of the date of posting by gong awntten appeal and apprcpate lee with the Hearing Boards Division. located at 444 SW 2 nd Avenue, 1 3rd Fbor, Miami, FL 33130. Telephone number (309 416-2030. ii City PZ-22-14464 03/22/24 HELM DESIGN TENTATIVE PLAT #1852 LOCATED BETWEEN NE 2 AVENUE AND NE 4 AVENUE, AND BETWEEN NE 42 STREET AND NE 43 STREET. Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of November 6, 2014, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. Location Sketch a) Correct zoning designations West of NE 2 Avenue and clarify zoning district lines. b) Label the name of proposed plat using an arrow. 2. On application a) Provide a properly executed Tentative Plat application using form for new t-plats. b) Clarify the street boundaries. 3. Note in main sketch the easement to be vacated. 4. Name the portion of the building that corresponds to the Church. 5. Number the sheets. 6. Provide a tie to the nearest section corner. 7. Final plat will require a copy of the Certified Corner Record. 8. Add owner's information and address. 9. Provide Folio numbers and addresses. 10. Revise the Legal Description (differs from the Opinion of Title presented with application). 11. Where there are two or more zoning districts within the area being platted, each district shall be shown as a separate block, tract or lot on the plat. (See note 17) 12. M-D County Public School Concurrenly application needs corrections (numbers of units on the application do not match with tentative plat or application). 13. On note number 17, also add information for Plat Book 44, Page 6. 14. Verify off-street parking and parking meters within the proposed plat. 15. Label that all structures and improvements are to be removed. 16. Provide a tree table including height, diameter, spread, common and botanical names. 17. A letter from the Zoning Administrator is required for the proposed zoning district boundary lines to permit the tentative plat to be processed concurrently with the zoning change request. Show both the existing and proposed zoning district lines on the tentative plat with different line types. They must include that the zoning change must occur prior to final plat submittal. DEPARTMENT OF PUBLIC WORKS 444 SW 2nd Avenue, 8m Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 HELM DESIGN— TENTAT 18. Clarify the exact point where each of the existing elevations was taken. 19. Show the existing underground storm water facilities located in the right-of-way, elevations, pipe diameter, pipe material and pipe direction. This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. 20. A letter from Comcast is required to determine if any adjustments to their facilities or ease required. 21. Verify with Miami -Dade County that the proposed plat name is acceptable. 22. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 23. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 24. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good standing from the Secretary of State are required, if applicable. 25. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 26. Be advised that an incomplete final plat package will not be accepted by the City of Miami, It is the owner's responsibility to work with his surveyor and his attorney to assure that everything is in order before submitting the final plat package. 27. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 28. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). The tentative plat name and tentative plat number must be included on the application form. 29. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 30. Utilities located in the easement to be closed and vacated must be relocated or new easements provided. 31. An Opinion of Title as to the reversionary rights for the easement to closed and vacated will be required by the Planning, Zoning and Appeals Board. The Opinion of Title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the easement to be closed and vacated. A copy of the Opinion of Title must be provided to the Public Works Department. 32. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square footage, on an 8 ''A x 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 33. The Plat and Street Committee has reviewed the tentative plat of Helm Design subdivision and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of the easement with respect to Miami City Code requirements and have voted to recommend 5 in favor and 0 in denial of this vacation and closure request. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights - of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. HELM DESIGN — TENTA 3. A building permit will not be issued on the property being platted until the final p as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of Occupancy for any building construction will be issued only after all the required sub improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City of Miami NET Service Center. 6. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 7. Tentative plat approval is only valid for one (1) year and six (6) months from the date of the Plat and Street Committee meeting at which time it was approved. This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sin erely Ed Dir ES/L7H/kc Enclosure: Contact Sheet ) Santamaria, P.E., CGC C: Jane Storms, Pulice Land Surveyors, Inc. 5381 Nob Hill Road Sunrise, FL 33351 Plat and Street Committee Members Alice N. Bravo, P.E., Deputy City Manager/ Chief of Infrastructure Survey Development and Roadway Plans Central Opinion of Title To: CITY OF MIAMI, Florida a municipal corporation of the State Florida This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate lee with the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Pk,, Mtg., ne 33130. Telephone number(3057416-2030. With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined Chicago Title Insurance Company Certificate of Ownership and Encumbrance Search No. 5316211 covering the period from the Beginning to June 9, 2015 @ 6:00 AM (the "Title Report"), inclusive, of the following described real property: See Exhibit "A", attached hereto Basing our opinion on said Title Report covering said period, we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: 4201 NE 2ND AVE LLC, a Florida limited liability company. Ayal Horovits, as Manager of 4201 NE 2ND AVE LLC, a Florida limited liability company, is authorized to sign on behalf of the company. Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee sslth the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Pk,, Mtg., ne 33130. Telephone number(3057416-2030. MORTGAGES, ASSIGNMENTS AND MODIFICATIONS: 6. NONE. SPECIAL EXCEPTIONS: 7. Matters as set forth on the plat of BRENTWOOD, as recorded in Plat Book 40 at Page 66, and on the Plat of Revised Plat of Tract "A" and Blocks 1, 2, 3, 8, 9, 10, 11 and 12 of BRENTWOOD, recorded in Plat Book 44, at Page 6, of the Public Records of Miami -Dade County, Florida. 8. AT&T Fiber Optic Cable Installation Litigation as set forth in Supplemental Final Order and Judgment recorded on March 24, 2008, in Official Records Book 26284, at Page 4511, of the Public Records of Miami -Dade County, Florida. 9. Amended Easement Deed by Court Order in Settlement of Landowner Action recorded on February 19, 2013, in Official Records Book 28495, at Page 1054; Easement Deed by Court Order in Settlement and Landowner Action recorded on November 21, 2013, in Official Records Book 28922, at Page 4035; Notice of Substitution Easement Deed by Court Order in Settlement of Landowner Action recorded on January 27, 2014, in Official Records Book 29004, at Page 1694, of the Public Records of Miami -Dade County, Florida. 10. Matters set forth on the survey prepared by Blanco Surveyors, Inc., dated April 21, 2014, Job No. 14-295, as follows: (a) 10 foot Utility Easement along the center of the property running east and west in which buildings are built over said easement. (b) Concrete sidewalk extends west of property line. (c) Concrete driveway extends past property lines on the east. 11. Development Agreement recorded on April 29, Official Records Book 29595, at Page 4542. Therefore, it is our opinion that the following parties must join platting of the above described real property in order to grant CI MIAMI, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as HELM DESIGN. Name This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee sslth the nearing Boards Division. located at 444SW 2nd Avenue. 3rd Pk,, Mtg., ne 33130. Telephone number(3057416-2030. Interest Special Exception 4201 NE 2ND AVE LLC Fee Simple N/A I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this I 1 day of June, 2015. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. By: Maria Gralia, Esq. Florida Bar No. 178225 150 Museum Tower Suite 2200 Miami, Florida 33130 Exhibit "A" SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 This Anal dedsim maybe appear tothe Planning. Zoning and Appeals Board byany, aggrlesed party,thin fifteen (15) days of the date of posting by filing awntten appeal and apprcpate fee with the hearing Boards Orssionlocated at 444 SW 2nd Averue. 3rd Fbor, Man, FL 33130. Telephone number (300 416-2030 LEGAL DESCRIPTION: ALL OF THE 10.00 FOOT WIDE UTILITY EASEMENT, BEING A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, OF SAID PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13°56'59" WEST ALONG THE EAST LINE OF SAID LOT 5, ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RIGHT—OF—WAY LINE 10.00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5.00 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359.74 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, 11 AND CONTAINING 3,585 SQUARE FEET MORE OR LESS. l rFILE: HELM EQUITIES 1 SCALE: N/A DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: HELM DESIGN r SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 JOHN�F. P I PROFESSIONAL SURVEYOR AND MAPPER LS2691 0 BETH BUF(NS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 WEST LINE TRACT 2 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys' pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 NE 43rd STREET TRACT 2 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, $PLAT1BOOK 44,2PAGEB6ENTWOOD" S89°35'00"E 359.74' N89°35'00"W 357.26' NE 42nd STREET F:aMINIST1 This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved pahyvnthln fifteen (15) days of the date of posting by flung awntten appeal and apprcpnate fee with the nearing Boards O'rssion. located at 444 SW 2nd Avenue. 3rd 0000 Mtg., FL 33130. Telephone number (300 416-2030 PZ-22-14464 03/22/24 NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF NE 4th AVENUE, BEING ASSUMED S13°56'59"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. rFILE: HELM EQUITIES SCALE: 1"=60' I DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA LFOR: HELM DESIGN SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Prepared By and Return To: Thomas R. Harbert Mateer & Harbert, P.A. 225 E. Robinson St., Suite 600 Post Office Box 2854 Orlando, Florida 32802 Parcel Identification No.: 01-3219-009-0070 11111111111111111111111111111 CFN 2014RO OR Bk 29245 Pes 2533 RECORDED 07/28/2014 DEED DOC TAX 75,000. SURTAX 56r250.00 HARVEY RUVIN, CLERK OF MIAl1I—DADE COUNTY. FLORI space above this line for processing data space above this line for processing data SPECIAL WARRANTY DEED This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee sslth the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd Fbor, Mtg., ne 33130. Telephone number (300416-2030 SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation (the "Grantor"), whose address is 1701 Robie Avenue, Mt. Dora, Florida 32757 in consideration of the sum of $10.00 and other good and valuable consideration received from 4201 NE 2ND AVE LLC, a Florida limited liability company (the tee"), whose address is 150 Broadway, Suite 800, New York, New York 10038, hereby on this day of July, 2014, grants, bargains, sells, aliens and conveys to the Grantee the real property in Miami -Dade County, Florida, described as: All of Block 2, of BRENTWOOD, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Miami -Dade County, Florida, ALSO KNOWN AS: Lot 5, Block 2, of BRENTWOOD, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Dade County, Florida AND Tract 2, of REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD, according to the plat thereof as recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. 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. Grantor hereby covenants that the property is free of all encumbrances except those matter set forth on Exhibit "A" attached hereto and incorporated by reference herein, that lawful seisin of and good right to convey the property are vested in Grantor, and that Grantor hereby warrants .the title to said land and will defend the same against the lawful claims of all persons whomsoever claiming by through or under Grantor, but not otherwise. [SIGNATURE PAGES TO FOLLOW] Book29245/Page2533 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533412086 Page 1 of 4 Page 1 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST Witnessed on this ay of July, 2014. SOUTHEASTERN CONFERENCE ASSOCIATI OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation By: STATE OF /G/�'�%•V COUNTY OF 411" ` Hubert J. Mo el, J ., Presid- t (Corporate Seal) This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee sslth the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd 0000 Mtg., 02 33130. Telephone number (3057 416-2030 The foregoing instrument was acknowledged before me this �%'/�day of July, 2014, by Hubert J. Morel, Jr., as President of SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation, on behalf of the corporation. He is personally known to me or D produced (type of identification) as identification. (Affix Notarial S �r ral)„� �,THOMAS R. HARBERT .` Commission # OD 972627 '• : Expires July 18, 2014 V,,? •V Balde11.TIy Fah Imam 8G 3857U19 Notary Public - Sy_of Flon Printed Name: 1e- Commission No.: My Commission Expires: Book29245/Page2534 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533-12086 Page 2 of 4 Page 2 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST Witnessed on this /,/fday of July, 2014. SOUTHEASTERN CONFERENCE ASSOCIATI OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation \71- By: Name: Wee? • T / ' Gregory O., Executive ecretary (Corporate Seal) Name: STATE OF COUNTY OF' /�/‘". This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee sslth the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd 0000 Mtg., 00 33130. Telephone number (300 416-2030 The foregoing instrument was acknowledged before me this /'-'day of July, 2014, by Gregory 0. Mack, as Executive Secretary of SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation, on behalf of the corporation. He i personally known to me or 0 produced (type of identification) as identification. (Affix No THOMAS R. HARBERT Commission # OD 972627 r ` Expires July 18, 2014 Bgded Thu Trot Fein Iron= 800485-7019 ND: 4833-6543-5419, v. 1 Notary Public - loi Printed Name: 4 Commission No.: My Commission Expires: Book29245/Page2535 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533-12086 Page 3 of 4 Page 3 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST OR BK 29245 P LAST PAGE EXHIBIT "A" Permitted Encumbrances 1. Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. This final dedsim maybe appealed to the Planning. Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal and apprcpate fee sslth the nearing Boards Division. located at 444 SW 2nd Avenue. 3rd 0000 Mtg., 00 33130. Telephone number (300 416-2030 2. Matters as set forth on the plat of Brentwood as recorded in Plat Book 40, Page 66 and on the plat of Revised Plat of Tract "A" and Blocks 1, 2, 3, 8, 9, 10, 11, and 12 of Brentwood recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. 3. AT&T Fiber Optic Cable Installation Litigation as set forth in Supplemental Final Order and Judgment recorded March 24, 2008 in Official Records Book 26284, Page 4511, Public Records of Miami -Dade County, Florida. 4. Amended Easement Deed by Court Order in Settlement of Landowners Action recorded February 19, 2013 in Official Records Book 28495, Page 1054; Easement Deed by Court Order in Settlement and Landowner Action recorded November 21, 2013 in Official Records Book 28922, Page 4035; Notice of Substitution of Easement Deed by Court Order in Settlement of Landowner Action recorded January 27, 2014 in Official Records Book 29004, Page 1694, Public Records of Miami -Dade County, Florida. 5. Matters set forth on the survey by Blanco Surveyors Inc. dated 4/21/2014, Job No. 14-295, as follows: a. 10 foot Utility Easement along the center of the property running east and west in which buildings are built over said easement. b. Concrete sidewalk extends west of property line. c. Concrete driveway extends past property lines on the east. ND: 4841-0160-8476, v. 1 Book29245/Page2536 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533»12086 Page 4 of 4 Page 4 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST DESIGN DISTRICT AERIAL DESIGN DISTRICT MIXED USE M'.AM1, �fe5 V0 filSO SITE AERIAL DESIGN DISTRICT MIXED USE M,Am, %,10?1DA .06.1 PONCE IX S.VP 1.1.1.7p/ 6.4.111. NORTH EAST 43RD STREET - SOUTH NORTH EAST 4TH AVENUE - EAST NORTH EAST .4TH AVENUE - WEST DESIGN DISTRICT MIXED USE M!AM:, FLOVIJP DESIGN DISTRICT MIXED USE MIAM], FLOPIDA nrFdcenlC+u��c. 1. ]m NORTH EAST 42ND STREET NORTH EAST 42ND STREET NORTH EAST 2ND AVENUE- EAST Yy NORTH EAST 2ND AVENUE -WEST DESIGN DISTRICT MIXED USE nn♦=LORiDP CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AG SUPPORT OR WITHHOLD OBJECTION This Anal decision maybe wpealed to the Planning. Zonin{ Appeals Board layany aggrieved party,,Mthin fifteen (15) clap Gate of postingAAng a written appeal and apprcpnate the Healing Boards Division. located at 444SW grol Aven en 3rd Floor, Miami, FL BOO. Telephone number(30 9416-e The City of Miami requires any person or entity requesting approval relief or other action from the City Commis boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hear 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. PZ-22-14464 03/22/24 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: Javier E. Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: c/o Stearns Weaver Miller Alhadeff & Sitterson, P.A. (Address Line 1) 150 W. Flagler Street, Suite 2200 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33130 HOME PHONE: (3 0 5) 7 8 9 - 3 5 01 CELL PHONE: FAX: EMAIL: jefernandez@stearnsweaver.com BUSSINESS or APPLICANT or ENTITY NAME 4201 NE 2nd Ave LLC BUSINESS ADDRESS: c/o Helm Equities (Address Line 1) 150 Broadway, Suite 800, New York, N.Y. 10038 (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. Application for the Vacation and Closure of a Ten Foot Utility Easement 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. T]ne. Nn.•R6543 �O 3. Please provide the name, address and phone number of the person(s) or entities to whom considerati 4Q or committed. Q Name Address i I 13 a. �` J F z °a`° : k":=�maybe'pe.)��othepa�p��gZ�p�nga by airy aggrlesetl pa rry witFl n fikeen (SS) tlays a aateof posllrg„.,, ,,.. appealaMapp.o...— ,he—g Boarne.ipn.wa4.m.— 3rtl Fbor,Memi, FL 33130. TelepFionenumber (3o9416-20: PZ-22-14464 b. 1:,2`, 03/22/24 OFAARTMENT Er OFF�G� c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: lg Javier E. Fernandez Print Name e. Sworn to and subscribed before me this o�� day of / , 201 b , The foregoing instrument was acknowledged before me by , who has produced as identification and/or is pers ally knownf o me and who did/did not take an oath STATE OF FLORIDA ' CITY OF MIAMI a is. .,_ MY COMMISSION Notary EXPIRES: Enclosure(s) Doc. No.:86543 •;;�Y r'•,,, Print rt DRCHRISTIAN `*q aft `:_ MY COMMISSION # FF 206330 '- a EXPIRES: March 24, 2019 '%fi:P.L.:•' Bonded Thor Notary Public Underwriters t ° Pa e 2 9 Liginifd' it!R; Miami -Dade County Public Sc* Superintendent of Schools Alberto M. Carvalho September 26, 2014 VIA ELECTRONIC MAIL Javier E. Fernandez, Esquire Stearns Weaver Museum Tower 150 West Flagler Street - Suite 2200 Miami, FL 33130 iefernandez(cr�stearnsweaver. com giving our students 9y Miami -Dade Co Perla Taba Dr. Lawrence S. Feldrn Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Wilbert "Tee" Holloway Dr. Martin Karp Dr. Marta POrez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS 4201 NE 2 AV LLC (MIAMI DESIGN DISTRICT RETAIL STR) 11-011961u1 LOCATED AT 220 NE 43 STREET PH0114091701258 — FOLIO NO.: 0132190090070 This final dedsim maybe appealed to the Planning. Zoning and Appeals Board byany aggrieved pahy,withln fifteen (15) days of the date of posting by filing a written appeal and apprcpnate fee with the nearing Boards Division. located at 444SW 2nd Avenue. Ord 000h Mtg., FL 33130. Telephone number (300 416-2030 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 124 multifamily dwelling units, which generate 21 students; 11 elementary, 5 middle and 5 senior high students. At this time, all school levels have sufficient capacity available to serve the application. A final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to ntact me at 305-995-4501. Sin =' M. Rodriguez; R.A, Director I IMR:ir L-181 Enclosure cc: Ms. Ana Rijo-Conde, AICP Mr. Michael A. Levine Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Ana Rijo-Conde, Deputy Chief Facilities & Eco-Sustainability Officer • Planning, Design & Sustainability School Board Administration Building • 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • arijo@dadeschools.net Concurrency Management System (CMS) Miami Dade County Public Schools This gnat derision maybe agpealed tome Planning. Zoning and Appeals Board byany aggrieved party.wtmin fifteen (16) days of the Gate of posnlrg Bung a written appeal and apprcpnate lee with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami FL 33130. TelepFhone number (3o9416-2030. yy PZ-22-1 Miami -Dade County Public Schools Z�y o3/22, C Concurrency Management System OFAgRTMENT Preliminary Concurrency Analysis MDCPS Application Number: PH0114091701258 Local Government (LG): Miami Date Application Received: 9/17/2014 10:27:12 AM LG Application Number: 11-011961u1 Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: 4201 NE 2 AV LLC (MIAMI DESIGN DISTRICT RETAIL STR Address/Location: 220 NE 43 ST Master Folio Number: 0132190090070 Additional Folio Number(s): PROPOSED # OF UNITS 124 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 124 CONCURRENCY SERVICE AREA SCHOOLS CSA Net Available I Seats Seats LOS Id Facility Name Capacit Source Type y I Required Taken Met 2351 ENEIDA MASSAS HARTNER ELEMENTARY 111 I0 NO Current CSA 2351 ENEIDA MASSAS HARTNER l0 ELEMENTARY 11 0 NO Current CSA Five Year Plan 6361 DOSE DE DIEGO MIDDLE _ 0 i' 0 INO 1Current CSA JOSE DE DIEGO MIDDLE 1eSA Five 5 NOYear Plan 7791 81 BOOKER T WASHINGTON 600 5 [YES SENIOR ADJACENT SERVICE AREA SCHOOLS LENORA B SMITH EL i337 111 11 Current CSA YES Adjacent CSA 6011 ALLAPATTAH MIDDLE 1610 5 15 YES iA jacent CSA *An Impact reduction of 21 13% included for charter and magnet schools (Schools of Choice). ;above. MDCPS has conducted a preliminary public school concurrency review of this application; please see results A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net 4464 24 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 4201 NE 2nd Ave LLC (Miami Design District Retail Street SAP) Application Phone * 212-608-5100 Application Email * ahorovits@helmequities.com Application Address * 150 Broadway, Ste. 800, New York, NY 10038 Contact Fields Information Contact Name * Javier E. Fernandez Contact Phone * 305-789-3501 Contact Email * jefernandez@stearnsweaver.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav(a)ci,miami,tl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3219-009-0070 Additional Folio Number Total Acreage * 1.9 acres +/- Proposed Land Use/Zoning * Medium Density Restricted Cominerciall Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 124 Total # of Units * 124 Redevelopment IntonnatIon (MUSPs) - Re -development applications are for those vacant sites for which a local govemment has provided vested rights; or for an already Improved property which does not have to be re -platted as deemed by the local government. The number of units to be input Into the CMS Is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * i f 746,,L•ynG Z Owner(s)/Attomey/Applicant Name ( Owner(s)/A(toro ey/ plicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partner/agent/corporation of a(n) individuaUpartrtership/corporation. He/She is go e n i to w has produced / _ as identification and who did (did not) take an oath. (Stamp) 4.+' UAW ARRAZO),A MY COMMISSION # EE 186523 r.-���-' EXPIRES: June 11, 2016 'tiff,§h ` Bonded The. Notary Public Underwriters This Anal dedsim maybe appealed to the Planning. Zoning and Appeals Board byany, aggrieved party, within fifteen (15) days of the date of posting by filing a written appeal ano apprcpnate fee with the nearing Boards Division. located at 444SW 2nd Avenue. 3rd 0000 Mami, FL 33130. Telephone number (300 416-2030 Signature it of t DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-202 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead p outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and . e City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. This PoW tlecisicn may be',pealed to the Planning. Zoning and Appeals Board b/arry aggrieved party,within fifteen (15) days of the date of posting by Bung a written appeal aM apprcpnate fee with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, R 33130. Telephone number (309416-2030. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): 4201 NE 2nd Ave LLC Address/ City / State / Zip: 220 NE 43rd St Miami, FL 33137 Phone No: 305-377-1000 Email: jfernandez@smgglaw.com 1, �C"rif act,(\b JL. hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. [-,..,, non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the Ian ,3 76/ 24 aZ perty Owner Date } State of Florida } County of Miami -Dade SFto and subscribed before me by means of physical presence OR online notarization is 3C day of 1' 20 2-'1- , by fit,✓) Personally known ( r Produced Identification ( ) Type of Identification produced (SEAL) ALEXANDRA CIMO Notary Public State of Florida Comm# HH238893 Expires 3/10/2026 Page 1 of 1 This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. ACKNOWLEDGEMENT BY APPLICANT The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and County agencies review zoning public hearing requests and provide input, which may affect the s and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4 Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 8. Any and all documents submitted must be accompanied by a cover letter indicating the subj application number and hearing date. Jakis GI( ‘-er nonkt-- Applicant(s) Name Printed +pplicant(s)Signatur- .nd D This final dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of gl�physical presence or 0 online notarization, this r l , 20 by JCt,V\e rr fla.nAe...%(name of person acknowledging), who is personally known to me or who has produced as identification. [Notary Seal] ALEXANDRA C;IMO Notary Public State of Florida Comm# HH238893 Expires 3/10/2026 fttz x arid{ a CArn�v Name typed, printed or stamped My Commission Expires: 7 f 1 ° (7 C3 -Up STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this 20 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a State of Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal] Notary Public Re r Name typed, printed or stamped My Commission Expires: _ _ Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of notarization, this (11a , 20_ by (name of member, manager, officer or agent, title of member, manager, of (4 7116Ke- L—Lk This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlrg by ging a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. ❑ physical presence or 0 online officer or agent), (name of company acknowledging), a State of Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification. [Notary Seal] ALEXANDRA CIMts Notary Public State of Florida Corm# HH238893 Expires 3/10/2026 Notary Public t; {1 ice` . C/` my Name typed, printed or stamped My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this , 20_ by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification. [Notary Seal] Acknowledgment by Applicant Updated 08.13.2020 Page 3 of 4 Notary Public Name typed, printed or stamped My Commission Expires: This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this , 20 by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced as identification on behalf of (name of principal). [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this , 20 by (name and title of position), who is personally known to me or who has produced as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: Acknowledgment by Applicant Updated 08.13.2020 Page 4 of 4 10: 25 FIICE • ,e C1T C `IC ete/TIVIIAMI Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone: (305) 250-5360 LOBBYIST REGISTRATION For Office Use Only: This final dedslm may he appealed to the Henning, 3orin9 and Appeals Board 0bam'a99need party.aantM fifteen(16ldrys of the date of posting by filing a written appeal and alS k opdake the nnp Boards 3Mdnn, located atdbSr,3nd Arend, 3rd Floor, Wan, FL 33133 Telephone number (305)416-2030. (1) Lobbyist Name: Javier E . Fernandez Che Rece Ethics Last Name, First Name, Middle Initial Business Phone: 3 0 5- 7 8 9- 3 5 01 Business Address 150 W. Flagler Street, Suite 2200, Miami, FL Zip 33130 E-Mail Address Jefernandez@stearnsweaver.com (2) Principal Represented Helm Equities (3) Principal's Business Address150 Broadway, Suite 800, NY, NY Zip 10038 (If different from above) Specific issue lobbyist has been retained to lobby (if representing a corporation, partnership or trust, give business address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust). Land use and zoning amendments for property located at 220 N.E. 43 Street, Miami, FL 33137 (4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) of the City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (If applicable, please explain) n/a Lobbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed. 2 t'f1f fi. F41 ihati itko ',.. tii+ti,ai .@ .''Y" 4ra::it' ;5 [`011S1)1,1i 1:es_t In the \I2i3I1"t b-I1 }ilt isix'971 I titiC,, d 1'itk .€a ? 1 : s� 'i1 # ;'II fi C'i+E�? €'t.' tTt> 111101. d,,4cs I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Sections 2-651 through 2-658 of the City of Miami Code, as amended, including "annual registration, withdrawal, reporting requirements, definitions, examinations, penalties for violations and contingency fees." State of Florida, County of Miami -Dade Sworn to an subscribed before me his day ofJ✓' C , `�°'r UUAMA ARRAZOL MY COMMISSION 8 EE 186523 EXPIRES: June 11, 2016 Banded Thru Notary Public Underwriters • ».:.n.. Lobbyist Signature Notary or Deputy Note: Annual Registration Fee: Effective through 12/31/2012 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Javier Fernandez who being by me first deposes and says: This final tleasan maybe appealed tote Planning. amp aidd Appeals Board by any aggrieved party, vnthln fifteen (151 drys of the date af( sung by fiting a written appeal and apPrcprlateke with the Nearing Boards Campo,located M4445W 2nd Avenue, 3rd Floor, Man, FL 33130. Telephone number (30941fi-2030. 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, ❑ including or 0 not including responses to day-to-day City 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. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: 1200 Brickell Avenue, Suite 950, Miami, FL 33130 Further Affiant sayeth not. Javier Fernandez Applicant(s) Name Printed Applicant STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 3 day of 20 , by url z--'2 who is a(n) individual/partner/agent/corporation ofj e /tyre) nnarck- £ individual/partnership/corporation. /She is personally known to me as identification and who 0 did 0 (Stamp) ALEXANDRA CIMO n Notary Public q State of Florida Commit HH238893 Expires 3/10/2026 a(n) or 0 who has produced _ did not take an oath. Signature Rev. 10-18 CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTION This final tetlsorh may 6a appealed to the planning. Zoning and Appeals Boardby arty aggrieved paithln fifteen (16) clays a the date g(posting byfifng avmtten appeal anal riate fee with the Hearing Boards Iniison. located at 444S4SW W 2nd Avenue, 3rcl Floor, MIaM, FL33130. Telephone number (309416-2030. The City of Miami requires any person or entity requesting approval relief or o action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Javier Middle Name: E. Last Name: Fernandez Home Address: Home Address Line 1: SMGQ Law Home Address Line 2: 1200 Brickell Avenue, Ste. 950 City: Miami State: Florida Zip: 33131 Contact Information: Home Phone Number: (305) 377-1000 x116 CeII Phone Number: (305) 761-2274 Fax Number: N/A Email: jernandez@smgglaw.com BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: 4201 NE 2 Ave LLC Address Line 2: c/o Helm Equities, 150 Broadway, Ste. 800, New York, NY 10038 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTION This final decisicn maybe aapealed tote Planning. zoning and Appeals Board lays, aggrieved party, within fifteen (16) days of the date of posting try gang awhen appeal anal apprcpnate fee with the Fleming Boards S'rvrsion. located at 444SW 2M Avenue, 3nd Floor, Miami, FL 33130. Telephone number (309416-2030. Please describe the issue for which you are seeking approval, relief or other action the City Commission, board, authority, agency, council, or committee. Vacation & closure of platted utility easement. 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? No !f 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. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE This fny dedsbn may be appealed tithe Planning. Zoning and Appeals Wadley any aggrieved party,viithin fifteen (15) days or the dateo(posing bytllling a vnitten appeal and appropriate fee with Me Healing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (300416-2030. 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: Print Name Javier E. Fernandez Signature _ Sworn to and subscribed before me this 1 3 All day of `'t 202,1_ . The foregoing instrument was acknowledged before me by vet de. - who has produced as identification and/or i did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: comm-1-114237 `i'3 ersonally knowr�#.o ALEXANDRA CIMO Notary Public State of Florida Comma HH238613 Expires 3/10/ 626 me and who Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal reque petition to the City Commission or any City board with respect to any real property to mak disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. 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. This fnd dn'sion maybg a7pealed to the Planning. Zoning and Appeals Board by anyaggrleed party,Mhln fifteen (16) clays of the date of posting byfiting a written appeal ano apprcpriate fee with the Hearing Boards phaion. located at 444SW 2rd Avenue. 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. Owner's Name(s) 4201 NE 2nd Ave LLC Percentage of Ownership See attached Exhibit "B" Subject Property Address(es) 220 NE 43rd Street, Folio No.: 01-3219-009-0070 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): Javier Fernandez Owner(s) or Attorney Name ( Owner(s) r Fjttorn ignature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 30 day of WI, tArCill 20 22 , by JaV t e f -RA/La (--Z who is a(n) individual/partner/agent/corporal n of a(n) individual/partnership/corporation He/ he is ersonally known to me or 0 who has produced as identification and who 0 did ❑ did not take an oath. ALEXANDRA CIMO Notary Public �`- State of Florida Comm# HH238893 Expires 3/10/2026 Signature Rev. 10-18 4201 NE 2ND AVENUE LLC HELM Design LLC 50% The 1998 Grandchildren's Trust 70% David Escava Ayal Horovits & Michele Bailey-Horovits 15% I I 15% Ths final decision may belled to Me Planning. i ino and MPeaa. Board%a laggriever parry, with, trtteen(15) days or the dare°,parAng byfling a written appeal and a.m..k MM Baring Boards 31i0on, located ar4C45W 2nd 3rd noon, Mani, FL 33130. Telephone number (306)416-2O316-2030. Miami DD 4201 Blue LLC 50% HELM EQUITIES This final decision maybe appealed to the Ranting. Zaino and Appeals Board by eny aeon.. party, wrthe fifteen 115) drys of No dated posting byRi g a mitten appeal and appropriate tee web the Fleming Boards T, located atancswzndm�mae, 3rd Roar, Wpm, FL 33130Telephone cumber (305)416-2030. State of Florida Department of State I certify from the records of this office that 4201 NE 2ND AVE LLC is a limited liability company organized under the laws of the State of Florida, filed on June 27, 2014. The document number of this limited liability company is L14000103744. I further certify that said limited liability company has paid all fees due this office through December 31, 2022, that its most recent annual report was filed on January 20, 2022, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirty-first day of March, 2022 Secretary of`:ate Tracking Number: 3838998458CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/Certificateofstatus/CertificateAuthenticatiori Thisfina derision may be appealed to the Planning, Zoning and Appeals Board by any aggrieved arty, within fifteen(15) days of Me daW of posting byfiling a written appeal and appropriate Mew. the Hearing Boards Dinsion, located at 4445WZnd ae, 3rd Floor, Miami, FL 33130. Telephone number (3O505)416-416-2030. CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the Manager of 4201 NE 2ND AVE LLC., a Florida liability company (the "Company"), that the following is a true and correct copy of the resolution adopted by its members. RESOLVED by the members of the Company that the Company is the owner of the property located at 220 NE 43rd Street, Miami, Florida (the "Property"). RESOLVED the Company and its members have joined in the filing of an application for a vacation and closure with the City of Miami and Miami -Dade County (the "Application"). RESOLVED that Ayal Horovits is the Manager of the Company and is authorized and empowered to execute any and all documents necessary to perfect such Application on behalf of the Company. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. 4201 NE 2ND AVE LLC., a Florida limited liability company Ayal Horovier STATE OF (1 mac✓ COUNTY OF f if c e The foregoing was acknowledged before me by means of ✓ physical presence or _ online notarization this 2(S (Clay of /-1.-.c-(L , 2022, by Ayal Horovits, as Manager of 4201 NE 2ND AVE LLC, a Florida limited liability company. He is personally known to me or has produced as identification and who did (did not) take an oath. HYMIE SASSON NOTARY PUBLIC -STATE OF NEW YORK No.01SA6417834 Qualified in Kings County My Commission Expires 05-24-2025 Notary Public — State of /f/e.w o l< Commission No. 0 15A- k y 1-? 731' My Commission Expires: o r - t_`1 'Zo 2� Prepared by: Tbisfina decision maybe appealed to the Planning, Zoning and Appeals Board by any aggrieved arty, within fifteen(15) Lays of Me daW of posting byfiling a written appeal and appropriate Mew. the Hearing Boards Dinsion, located at 4445WZnd ae, 3rel Floor, Miami, FL 33130. Telephone number (3O505)416-416-2030. Javier E. Fernandez, Esq. Sanchez -Medina, Gonzalez, Quesada, Lage, Gomez & Machado LLP 1200 Brickell Avenue, Suite 950 Miami, FL 33131 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Ayal Horovits, hereinafter referred to as Manager of 4201 NE 2ND AVE LLC, a Florida limited liability company, does hereby appoint JAVIER E. FERNANDEZ, as the company's true and lawful attorney. In company's name, and for the company's use and benefit, JAVIER E. FERNANDEZ, is hereby authorized: To submit any and all such applications and forms to the City of Miami, Florida, Miami - Dade County, Florida and the Miami -Dade County Public School System as may be necessary to effectuate the vacation and closure application for the property described in Exhibit "A," attached hereto. Giving and granting to said attorney full power and authority to do all and every act and thing whatsoever requisite and necessary to be done on Manager's behalf as fully and to all intents and purposes as Manager might or could do if personally present. All that said attorney shall lawfully do or cause to be done under the authority of this power of attorney is expressly approved. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] [SIGNATURE AND NOTARIZATION APPEARS OF THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Manager described hereinabove sets his hand this 02 V's}day of arc to , 2022. Signed, sealed and delivered In the presence of: WITNESS: • W' ess Signature f/l a //zk- �SG- - Print Name 4201 NE 2 AVE LLC, a Florida limited liability company Thisfina derision may be appealed to the Planning, Zoning and Appeals Board by any aggrieved arty, within fifteen(15) days of Me daW of posting byfiling a written appeal and appropriate Mew. the Hearing Boards Dinsion, located at 4445WZnd ae, 3rd Floor, Miami, FL 33130. Telephone number (3O505)416-416-2030. STATE OF Ale -Li Y - k- f } SS: COUNTY OF A e 1.,,- � r(C - } The foregoing was acknowledged before me by means of /physical presence or online notarization this 2_1 S day of /A •.r-C - , 2022, by Ayal Horovits, as Manager of 4201 NE 2ND AVE LLC, a Florida limited liability company. He is personally known to me or has produced as identification and who did (did not) take an oath. My Commission Expires: HYMIE SASSON NOTARY PUBLIC -STATE OF NEW YORK No. 01SA6417834 Qualified in Kings County My Commission Expires 05-24-2025 Notary Public - State of /1/z.i,_. Commission No. © (S/f-4L( (1 23 t( My Commission Expires: 0 S-- 2 `( - Thisfina derision may be appealed to the Planning, Zoning and Appeals Board by any aggrieved arty, within fifteen(15) days of Me daW of posting byfiling a written appeal and appropriate Mew. the Hearing Boards Dinsion, located at 4445WZnd ae, 3rd Floor, Miami, FL 33130. Telephone number (3O505)416-416-2030. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Owner Name: 4201 NE 2nd Ave LLC Property Address: 220 NE 43rd Street, Miami, FL Folio No.: 01-3219-009-0070 Property Description: All of Block 2, of BRENTWOOD, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Dade County, Florida AND Tract 2, of the REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10,11, AND 12, OF BRENTWOOD, according to the plat thereof as recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. From: Division orporatio Florida Department of State Division of Corporations Electronic Filing Cover Sheet This final decision maybe appealed to the Planing, Zoning and Appeals Board by any aggrieved party, wlMln fifteen 0Sl days of Ne date of posting try fling a wrltren appeal and appropriatefee with the Hearing Boards D'Ms'ion, located at444 SW 2nd Avenue. 3rd Floor, Miami, FL 33130. Telephone number {305) 416-2030. Note: Please print this page and use it as a cover sheet. Type the fax audit number (shown below) on the top and bottom of all pages of the document. (((H14000154813 3))) IIIIIHIIIIIIIIJIIIII 1 H440001548133Aec. Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet. To: Division of Corporations Fax Number : (850 617-6383 •1: From: r✓ :- Account Name : NATIONAL CORPORATE RESEARCH, LTD. a. Account Number : 120000000088 y" y Phone : (800) 221-0102 Fax Number (800)944--6607 art • -�J **Enter the email address for this business entity to be used for futur •7-. Q co annual report mailings. Enter only one email address please.** Email Address: E''\- \ to (\fb . ran `C FLORIDA LIMITED LIABILITY CO. 220NE43LLC Certificate of Status 0 Certified Copy 0 Page Count 03 Estimated Charge $125.00 Electronic Filing Menu Corporate Filing Menu Help n 0 https://efile.sunbiz.org/scripts/efilcovr.exe N. Culligan AMMO Fromi 06/26/2014 22:13 (((11 14000154813 3))) ARTICLESOFORGANIZA11ON FORFIORIDALIMITFD LIABILITY COMPANY. ARTICLE 1- Name: The name of the Limited Liability Company Is: 220 NE 43 LLC (Must end with the words "Limited Liability Company, "L.L.C.," or "LLC.") ARTICLE [I - Address: The mailing address and street address of the principal office of the Limited Liability Company is: Princtval Office Address: Mainz Address: c/o Helm trquit4ee LLC 00 Helm Equlttes LLC 160 Broadway, Suaa B00 150 Broadway. Sulfa B00 Now York, New 'York 10038 Now York, New York 1009E This final decision may be appealed to the Planning Zoning and Appeals Board by any aggrieved parry, within fifteen I151 days of the dated posting ay fling a written appeal and appropriate fee wiN the Hearing Board3313L1 n, locatedat 444 numberW 2nd Avenue, 3rel Floor, Miami, FL 33130. Telephone number (305) 416-2030. ARTICLE I11 - Registered Agent, Registered Office, & Registered, Agent's Signature: (The Limited Liability Company cannot serve as its own Registered Agent. You must designate an individual or, another business entity with an active Florida 'registration,) 7 ; ; The name and the Florida street address of the registered agent are: National Corporate Research, Ltd., inc. Name 155 Office Plaza Drive Florida street address (P.O. Sox NOT acceptable) Tallahassee FL 32301 City Zip Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this cent cafe, I hereby accept the appointment as registered agent and agree to act in this capacity. 1 fta'lher agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and i an familiar with and accept the obligations of my position as registered agent as provided for In Chapter 1505, F.S.. Marm if!( lr1 M ' LSO C`ti+fC?rij Registered Agent's -Signature (RE UIRED) ti+ (CONTINUED) Pagel oft (((1114000154813 3))) -n E P1 From: 06/26/2014 22:13 (((I-H14000154813 3))) This final decision may be appealed to the Planning, Zoning and Appeals Gourd bye aggrieved parry, witivn fifteen(6l days of Me date of poedegby fling awwliten appeal and appropiatefeewM Me Hearing Boards DMsio, located of 4446W Znd(waoe, 3rd Floor, Miami, FL 33130. Telephone number (305) 416-2030. ARTICLE IV. The mane and address of each person authorized to manage and control the Limited Liability Company: Tttle: "AMBR" = Authorized Member "MGR" - Manager MGR Name and Address: David Eocava, c/o. Holm Equities LLC 150 Broadway, Bulls 800 Now York, New York 10096 MGR Ayal-Iorovita, do Harm EgUklaa LLC (Use attachment if necessary) 150 $roadway, Suite 500 Now York, Now York 1008E ARTICLE V: Effective date, if other than the date offi}ing: (OPTIONAL) Man effective date is listed, the date must be specific and cannot be more than five business days prior to or 90 days after the date of filing,) ARTICLE VI: Other provisions, ifany. J EOVIRED SIGNATUR S gnature of a member or a ut orized representatty f a member. (1n accordance with section 605.0203 (1) (briTorida Statutes, the execution of this document constitutes an affirmation under the penalties of perjury that the facts stated herein are true. 1 am aware that any false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.1317.155, E.S,) i' it ie D FYri r V' , rt c rCl- oat 7od rrrSrrS�Mt�tV$- '. Typed or pri ted name of signee Filing Fees: 5125.00 Piling Pee for Articles of Organization and Designation of Registered Agent $ 30.00 Certified Copy (Optional) $ 5.00 Certificate of Status (Optional) Page 2 of 2 (((H14000I54813 3))) —71 1 _ tip :c�' • r Florida Department of State Division of Corporations Electronic Filing Cover Sheet Note: Please print this page and use it as a cover sheet. Type the fax audit number (shownn,below) on the top and bottom of all pages of the document. �.J (((H14000157674 3))) 111IIIBtlIVHIIflflIII111lA11161UUIIGII111NIIIIYIIIII111flIIIYIIINII1111111 N140061578743A Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet. To: From: Division of Corporations Fax Number : (850) 617--6383 Account Name : NATIONAL CORPORATE RESEARCH, LTD. Account Number : 120000000088 Phone : (800)221-0102 Fax Number : (800)944-6607 This final decision maybe appealed to the Nanning Zoning and Appeals Board by any aggrieved party, within fifteen 1151 days of Me date of posting by filn9 avmtten appeal and appropriate fee with Me Hearing Boardsn, located at 444 SW 2nel Avenue, 3N Flocs,, Miami, FL 33130. Telephone number (305) 416-2030. **Enter the email address for this business entity to be used for future annual report mailings. Enter only one email address please.** Email Address: LLC AMND/RESTATE/CORRECT OR MJMG RESIGN 220 NE 43 LLC Certificate of Status 0 'Certified Copy J 0 Page Count 01 stimatedd Char?e $25.00 Electronic Filing Menu Corporate Filing Menu Help https://efile.sunbiz.org/scripts/efilcovr.exe (((H 14000157674 3))) (- • -r' 7/1/2014 From: 07/01/2014 00:39 (((H14000157674 3))) COVER LETTER TO: Registration Section Division of Corporations SUn,EC7.: 220 NE 43 LLC Name of Limited Liability Company The enclosed Articles of Amendment and fee(s) are submitted for filing. Please return ail correspondence concerning this matter to the following: Nina Roket, Esq. Name of Person Olshan Frome Wolosky LLP Firm/Company 65 East 55th Street Address New York, New York 10022 City/State and Zip Code nroket@olshanlaw.com E-mall address: (to be used for fatnre annual report notification) For further information concerning this matter, please call: Nina Roket, Esq. Name of Person at( 212) 451-2335 Ares Code Daytime Telephone Number Enclosed is a check for the following amount: d $25.00 Filing Fee 0 $30.00 Filing Fee & 0 $55.00 Filing Fee & Certificate of Status Certified Copy (additional copy is enclosed) MAILING ADDRESS: Registration Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 This final decision may be appealed to the Planning, Zoning and Appeals Board lay any aggrieved party, wiMin fi(leen U5t days of he dated posting by fling a written appeal and appropriate fee Ma Me Hearing Boards Division, located a[4445W Zn42ue, 3rel Floor, Miami, FL 33130. Telephone number MOM 416-16-2030. ❑ $60,00 Filing Fee, Certificate of Status & Certified Copy (additional copy is enclosed) STREET/COURIER ADDRESS: Registration Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 (((H14000157674 3))) From: 07/01/2014 00:39 (((1-114000157674 3))) ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF 220 NE 43 LLC This final decision may be appealed to the Planning. Zoning and Appeals Board by any aggrieved parry, wiMin fifteen (15) days of the date of posting by Xing a mitten appeal and appropriatefee Men Me Hearing Boards Mision, located at444 SW 2nd Avenue, 3rd Fba, Miami, FL 33130. Telephone number (305) 416-2030. ,�f��r�,1,yO,_ �0.39 4 S EE. F1 gift n (Name of the Limited Lleblllty Compan a it Rw app rs en onr rscordR.) {A !'lands Limrtod /rani rty Company) The Articles of Organization for this Limited Liability Company were filed on 6/27/2014 Florida document number L14000103744 This amendment is submitted to amend the following: A. If amending name, enter the new name of the limited liabillty company here: 4201 NE 2ND AVE LLC and assigned The new name must be distinguishable and end with the words "Limited Liability Company," the designation "LLC" or the abbreviation "L.L.C." Enter new principal offices address, if applicable: (Principal office address MUST BE A STREET ADDRESS) Enter new mailing address, If applicable: (Mai/lite address MAYBE A POST OFFICE BOX) B. If amending the registered agent and/or registered office address on our records, enter the name of the new registered agent and/or the new registered office address here: Name of New Registered Agent: New Registered Office Address: Enter Flarlda street address , Florida City Zip Code New Registered Agent's Signature, if changing Registered Agent; I hereby accept the appointment as registered agent and agree to act in this capacity, I further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 605, F.S. Or, if this document is being filed to merely reflect a change in the registered office address, I hereby confirm that the limited liability company has been notified in writing of this change. if Changing Registered Agent, Signature of New Iieristerel Agent Page 1 of 3 (((H14000157674 3))) This fins decision may be appealed to the Panning Zoning and PDpeals Board by any aggrieved won, vndvn fifteen (15I d-eys of the date of posting layfiing a written appeal and appropriatekawih Me Hearing Boards DMsbn, located at4445W 2ncl Avenue, 3rd Floor, Miami, FL 33150. Telephone number (305) 416-2030. From: 07/01/2014 00:39 (((H14000157674 3))) If amending the Managers or Authorized Member on our records, enter the title, name, and address of each Manager or Authorized Member being added or removed from our records: MGR o Manager AMBR — Authorized Member Title Name A dr s Type of Action 0 Add 0 Remove ❑ Add 0 Remove 0 Add G Remove ❑ Add ❑ Remove 0 Add 0 Remove ❑ Add Page 2 of 3 0 Remove (((H 14000157674 3))) This final decision may be appealed to the Planning. Zoning and Appeals Board by any aggrieved parry, wiMin fifteen (15) days of the date of posting by Xing a mitten appeal and appropriatefee Men Me Hearing Boards Mision, located at444 SW 2nd Avenue, 3rd Fba, Miami, FL 33130. Telephone number (305) 416-2030. From: 07/01/2014 00:39 (((H14000157674 3))) I). If amending any other information, enter change(s) here: (Attach additional sheets., if necessary.) E. Effective date, if other than the date of filing: (optional) (The effective date must be specific, cannot be prior to date of receipt or filed date and cannot he mole than 90 days after the date this document in tiled by the Florida Department or State) Dated J u n e 3 0 2014 Signature of a nwtnber or authonred representative of a member Danielle Frank, authorized representative Typed or printed name of signec Page 3 of 3 Filing Fee: $25.00 (((E-i14000157674 3))) DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY alitg rif Azurti 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): 4201 NE 2nd Ave LLC Address/ City / State / Zip: 220 NE 43rd ST Miami, Florida 33137 Phone No: 3053771000 Email: acimo@smgglaw.Com I, Jay'C' z--- , hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. [ non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. Sig } State of Florida } County of Miami -Dade 3/19/24 y Owner Date Sworn to and subscribed before me by means of physical presence OR online notarization this i `' day of t4CAY0..1 1 20 V, by J1 VIe $ . pound 7 Personally known (+ or Produced Identification ( ) Type of Identification produced (SEAL) KAREN S. ALVARADO *„ i r :* MY COMMISSION # HH 443350 EXPIRES: October 9,2027 Page 1 of 1 (itp of Sfliaini November 12th, 2014 4201 NE 2ND AVENUE, LLC c/o Javier Fernandez, Esq. 150 Broadway Suite 800 New York, NY 10038 DANI This Anal decision maybe agpealed to the Planning. Zoning and Appeals Board layany aggrieved party.eethin fifteen (15) days of the date of posting by gong awntten appeal and apprcpate lee with the Hearing Boards Division. located at 444 SW 2 nd Avenue, 1 3rd Fbor, Miami, FL 33130. Telephone number (309 416-2030. ii City PZ-22-14464 03/22/24 HELM DESIGN TENTATIVE PLAT #1852 LOCATED BETWEEN NE 2 AVENUE AND NE 4 AVENUE, AND BETWEEN NE 42 STREET AND NE 43 STREET. Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of November 6, 2014, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. Location Sketch a) Correct zoning designations West of NE 2 Avenue and clarify zoning district lines. b) Label the name of proposed plat using an arrow. 2. On application a) Provide a properly executed Tentative Plat application using form for new t-plats. b) Clarify the street boundaries. 3. Note in main sketch the easement to be vacated. 4. Name the portion of the building that corresponds to the Church. 5. Number the sheets. 6. Provide a tie to the nearest section corner. 7. Final plat will require a copy of the Certified Corner Record. 8. Add owner's information and address. 9. Provide Folio numbers and addresses. 10. Revise the Legal Description (differs from the Opinion of Title presented with application). 11. Where there are two or more zoning districts within the area being platted, each district shall be shown as a separate block, tract or lot on the plat. (See note 17) 12. M-D County Public School Concurrenly application needs corrections (numbers of units on the application do not match with tentative plat or application). 13. On note number 17, also add information for Plat Book 44, Page 6. 14. Verify off-street parking and parking meters within the proposed plat. 15. Label that all structures and improvements are to be removed. 16. Provide a tree table including height, diameter, spread, common and botanical names. 17. A letter from the Zoning Administrator is required for the proposed zoning district boundary lines to permit the tentative plat to be processed concurrently with the zoning change request. Show both the existing and proposed zoning district lines on the tentative plat with different line types. They must include that the zoning change must occur prior to final plat submittal. DEPARTMENT OF PUBLIC WORKS 444 SW 2nd Avenue, 8m Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 HELM DESIGN— TENTAT 18. Clarify the exact point where each of the existing elevations was taken. 19. Show the existing underground storm water facilities located in the right-of-way, elevations, pipe diameter, pipe material and pipe direction. This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. 20. A letter from Comcast is required to determine if any adjustments to their facilities or ease required. 21. Verify with Miami -Dade County that the proposed plat name is acceptable. 22. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 23. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 24. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good standing from the Secretary of State are required, if applicable. 25. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 26. Be advised that an incomplete final plat package will not be accepted by the City of Miami, It is the owner's responsibility to work with his surveyor and his attorney to assure that everything is in order before submitting the final plat package. 27. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 28. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). The tentative plat name and tentative plat number must be included on the application form. 29. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 30. Utilities located in the easement to be closed and vacated must be relocated or new easements provided. 31. An Opinion of Title as to the reversionary rights for the easement to closed and vacated will be required by the Planning, Zoning and Appeals Board. The Opinion of Title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the easement to be closed and vacated. A copy of the Opinion of Title must be provided to the Public Works Department. 32. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square footage, on an 8 ''A x 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 33. The Plat and Street Committee has reviewed the tentative plat of Helm Design subdivision and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of the easement with respect to Miami City Code requirements and have voted to recommend 5 in favor and 0 in denial of this vacation and closure request. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights - of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. HELM DESIGN — TENTA 3. A building permit will not be issued on the property being platted until the final p as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of Occupancy for any building construction will be issued only after all the required sub improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City of Miami NET Service Center. 6. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 7. Tentative plat approval is only valid for one (1) year and six (6) months from the date of the Plat and Street Committee meeting at which time it was approved. This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) days of the Gate of postlng by Bung a written appeal aM apprcpnate ke with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sin erely Ed Dir ES/L7H/kc Enclosure: Contact Sheet ) Santamaria, P.E., CGC C: Jane Storms, Pulice Land Surveyors, Inc. 5381 Nob Hill Road Sunrise, FL 33351 Plat and Street Committee Members Alice N. Bravo, P.E., Deputy City Manager/ Chief of Infrastructure Survey Development and Roadway Plans Central March 14, 2024 Date CITY OF MIAMI HEARING BOARDS MIAMI RIVERSIDE CENTER 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA 33130 RE: Property Owner's List Within 500 Feet of: Street Address(es) 220 NE 43 ST Total number of labels without repetition: 69 I certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Alexandra Cimo Printed Name or Company Name 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 Address 3053771000 Telephone acimo@smgglaw.com E-mail Rev. 10-18 .--I = This Anal decisicn maybe mpealed to the Planning. Zoning and Appeals Board byany aggrieved party,within fifteen (15) days of the Gate oftanng byeung a written appeal ami apprcpnate fee W M Hearing the Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. ATTORNEYS SMGQLAW.coM Vacation and Closure Application Drawings Index V-1 Survey SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO, LLP SMGQLAW.COM 1200 BRICKELL AVENUE, SUITE 950, MIAMI, FL 33131 TEL: 305.377.1000 FAX: 855.327.0391 Tree N Corn 1 Mar TREE TABLE CERTIFIED BY: ERIN SANTIAGO, ARBORIST FL-5705A LAF INSPECTOR #2018-0214 THE SANTIAGO GROUP, LLC thesantiagograupllcCgmailcom (954)947-1087 10 le leo Tro mho Lon. reli_______ mRie __. R,R ogany MotIns Live GA r Ruttonw od Mahogany Over Buttonwood ottonwontl 40 ol 50 Mot Norfolk Island Pine Vlasannar,onia Palm ornho Limbo 1.10R Gumbo Umbra ER lave OA eu Lre. Musing Rot Ito crostrootto Neigh! Canopy (feet) 25 10 10 25 20 12 20 42 25 BOUNDARY AND TOPOGRAPHIC SURVEY AND TENTATIVE PLAT OF HELM DESIGN A REPLAT OF LOT 5, BLOCK 2, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 2, OF REVISED PLAT OF TRACT'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR 4201 NE 2ND AVE LLC, A FLORIDA LIMITED LIABILITY COMPANY C/O HELM EQUITES, LLC 150 BROADWAY, SUITE 800 SAID SITUATE, EsOUARE FEET BEING IN THE CITY MIAMI, LEss MI-DnDE COUNTY, FLORIDA, AND NEW YORK, NY 10038 PHONE. (212) 608-5100 LOCATION MAP A PORTION OF SECTION 19. DEVELOPMENT INFORMATION LAND ESE 301LAIDE FEET DODDS TRACL "A" 3,600 80 NTIPL (MULLvnwLrl UNITS 75.000 CONTACT PERSON INFORMATION E-MAIL ADDRESS. LANEMPULICELANDSLIRVELORS.2010 LEGAL DESCRIPTION. LOT 5. BLOCK 2. OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 2, OF ISSMSSO PLAT OF TPACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44. PAGE 6. PUBLIC RECORDS OF MIAMI-DADE COUNTY, REMP10mErtaromt66061.614016 Zang And PZ-22-14464 NOTES. 1) ELEVATIONS ARE BASED ON CITY OF MIAMI DATUM: MIAMI-DADE COUNTY BENCHMARK NO. C-243: ELEVATION: 15.13 DATUM). FEE, N F C/LD PROJECTED ATUM OF 9 FROM THEEAST. 1539 (CITY 2) OF ONE. COMMUNITY No_120650 PANEL 09/1 /09. 3) THIS ES IN SECTION 19, TOWNSHIP 53 SOUTH. RANGE 42 EAST. MIAMI-DADE COUNTY, 4) BEARINGS ARE BASED ON THE MONUMENT LINE OF NE 42ND STREET BEING 58935001. REASONABLE EFFORTS WERE MADE REGARDING THE EXISTENCE AND THE LOCATION OF UNDERGROUND UTILITIES. THIS FIRM. HOWEVER. DOES NDT ACCEPT RESPONSIBILITY FOR THIS INFORMATION. BEFORE EXCAVATION OR CONSTRUCTION CONTACT THE APPROPRIATE UTIL, COMPANIES FOR FIELD VERIFICATION. 6)) THEHORIZONTAL POSITIONAL VERTICAL ACCURACY OF ELEVATIONS DF WELL DEFINED IMPROVEMENTS DN THIS SURVEY IS ±0 0T. 8) THIS SaooPiE , ESD, DATED SEPTEMBER 14, 2020. THE FOLLOWING ITEMS ARE EXCEPTIONS IN ITEMAGREEMENT IN o.R.B. 29595 PAGE 4542, APPLIES TO THIS SITE BUT Is NOT PLOTTABLE. B. 77. PAGE 3932. APPLIES THIS ITEMTHIS SITE BLIT IS NOT PLOTTABLE. ORDER IN O.RODE. 6THE PROPERTY HAS BEEN 0 9 ZONED: T4-L AND 75-0 PER MIAMI 21 ZONING ADDED TO THE MIAMI DESIGN DISTRICT SPECIAL AREA PLAN. 1TJJ NUMBER OF PROPOSED TRACTS: 2. ) THERE OBSERVED EVIDENCE OF CURRENT EARTH MOVING WORK. OR BUILDING 12) T� WAS NO TN SERVED EVIDENCE OF RECENT STREET OF SIDEWALK CONSTRUCTION OR REPAIR. 13) AS NO OBSERVED EVIDENCE DF SITE USE AS A SOLID WASTE DUMP. SUMP OR SANITARY J LANDFILL 15) PARCELDADE CUNTY FLOOD CRITERIA: 5.0 FEET PER PLAT BOOK 120, PAGE 13, TO _DADE WATER AND ER SHEET 2 OF 5. 16) THIS SITE ENCOMPASSES ALL OF FOLIO NUMBER VAC-Oo9-OOTo. 17) THE EXPRESS PURPOSE OF THIS PLAT IS TO CLOSE.SE. VACATE AND ABANDON FROM USE THE ENTIRE 10 FOOT UTILITY EASEMENT PLATTED BY BRENTWOOD, PLAT BOOK 40, PAGE 66, AND BRENTWOOD, PLAT BOOK 44, PAGE 6, BO, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.RECO RDED ORDED DOCUMENTS ARE PER MIAMI-DADE NUNT, CERTIFICATION. I HEREBY CERTIFY: THAT THIS SKETCH OF SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 4T2027. FLORIDA STATUTES NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR A DIGITAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Digitally signed by John F John Fo,A EAaFP s SURUR EYo MAND MAPPER L 9� ORIDA t€ 2.022A 4^26/6/8.10 -04'00' GRAPHIC SCALE NO. yens awry a, INMAN REVISIONS BB a �no REVISED EMgsDao 9TnoeNT s5/zi e.� MIAMI, FLORIDA 3 COUNTY, BOUNDARY, TOPOGRAPHIC, TREE SURVEY AND TENTATIVE PLAT PLS /111. DRAWN EY. AC* PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 X: (954) 5n-1n8 CERTIFICATE OF AUTHORIZATION Ta,3a,0 FILE. HELM EQUITIES ...CHECKED BY. .F.l URVEY DAIS. 7/15/20 ORDER NO.. 67309 I GEE- (ouNoreNNinlR w s Iv L a DI uamze L TRACT 3 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, 9, 10, 11 & 12 OF BRENTWOOD" PLAT BOOK 44, PAGE 6 • PVC •4 �n so ��M W N.E. 4 '6E dthEETm w 4;Alft ZONE T4-L PROPOSED TRACT 'A" 18.676t SQUARE FEET (0.42873 ACRES) TRACT 1 TRACT 2 REMEED PLAT OF TRACT ',3" AND v9 OCKS �, 2 PLAT BOON 44. PAGE BF RENT wg 4.ZONE T5-0 PROPOSED TRACT "B" 62,304} SQUARE FEET eta (1 4303± ACRES) PLAT BOOK 40. PAGE s R-90.00' CA-76°28'O' P A•120.11' vPawri88 "REVISED PLAT OF TRACT "A" AND BLOCKS TRACT A 1, 2, 3, 8, 9, 10, 11 ,Sc 12 OF BRENTWOOD' PLAT BOOK 44, PAGE 6 John F Digitally signed by John F Pulice p•ce Date: 2022.04.2 _ 2_ GD 1 1 57-04'001 GRAPHIC SCALE /, SHEET 2OF2 LEGEND I I CONCRETE I I ASPHALT PA ELEVATION UNDEPGROUN UNDERGROUND —pcOVERHEAD WILL CENTERLINE MONUMENT Lt rnis N. dec.:Marne M. PZ-22-14464 TP TRAVERSE POINT (FOR FIELD INFORMA ION. ONLY) R= RADIUS CA= CENTRAL ANGLE A= ARC LENGTH FPL FLORIDA POWER M LIGHT COMPANE SLAB CB CHORD BEARING CD CHORD DISTANCE Gv029 NATIONAL GEODETIC VERTICAL DATUM OF 1929 PVC POLYMNLL CHLORIDE RCP REINFORCED CONCRETE PIPE HELM DESIGN 220 P •13RD STREET MI FLORIDA, 3313iouuTv, BOUNDARY, TOPOGRAPHIC, TREE SUR AND TENTATIVE PLAT EY T PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TEL,HONE: (954) 573-1888 FA, (954) s 2-1TTe CERTIFICATE OF AUTHORIZATION LB#3870 AC SCALE • - 20' ILE. HELM EQUITIES ',CHECKED BY. S.F.P,,Su VEV DATE 7/15/20 ORDER No.•57307 City of Miami April 4, 2023 4201 NE 2ND AVE LLC ATTN: Ayal Horovits 150 Broadway, Suite 800 New York, NY 10038 ahorovits@helmequities.com RE: HELM DESIGN - TENTATIVE PLAT #1966 (FORMERLY #1941 AND #1852-A) VACATION OF RIGHT OF WAY — EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION") Ladies/Gentlemen, This final decisicn maybe mpealed to the Planning. Zoning and Appeals Bois bye, aggrieved party, within fifteen (16) days a the Gate of postlrg by Bung a written appeal and epee:plan ke the Healing Boards . located at 444SW 2nd Avenue,e, rG 3ibex, ,R33130 a30. TTelephone number (309416-2030. Pursuant to the provisions of City of Miami Code Section 55-15(a), as amended, the City of Miami Office of Capital Improvements (OCI) has researched its records to determine if any capital improvement projects previously designed and constructed are affected by the vacating of the easement indicated on the proposed Plat. Based on OCI's records, we do not have any projects within the prior 50 years having been designed/constructed for this proposed vacated area nor do we have any records of a project(s) impacted using City of Miami restricted funds. If you have any questions concerning this determination, please contact me at 305-416-1280. Sincerely, Digitally signed by Badia, Hector Date: 2023.04.04 12:00:54 -04'00' Hector Badia Assistant Director Office of Capital Improvements HB/hb c: Pulice Land Surveyors, Inc ATTN: Jane Storms. 5381 Nob Hill Road Sunrise, FL 33351 lane@pullicelandsurvervors.com Javier E. Fernandez, Esq. Sanchez -Medina, Gonzalez, Queseda, Lage, Gomez & Machado LLP ifernandez@smgglaw.com Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager Juvenal Santana, Director of Resilience and Public Works Erica Paschal -Darling, CPA., Director — Finance Leon Michel, Assistant Director— Office of Management and Budget OFFICE OF CAPITAL IMPROVEMENTS 444 S.W. 2ND Avenue, 8th Floor / Miami, FL 33130 / Office: (305) 416-1213 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708, Miami, FL 33233-0708 May 13, 2021 4201 NE 2ND AVE LLC ATTN: Ayal Horovits 150 Broadway, Suite 800 New York, NY 10038 ahorovits@helmequities.com ttp of jUtamt • iril. vaiarrll� 12.11.1 1.1 E. 94 This Anal dedsicn maybe monied to the Planning. Zoning and Appeals Board byany aggrieved party.within fifteen (16) day: of the Gate of postlng by Bung a written appeal aM apprcpnate ne with the Hearing Boards Division. located at 444SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309416-2030. RE: HELM DESIGN - TENTATIVE PLAT #1966 (Formerly #1941 and #1852-A) VACATION OF RIGHT OF WAY — EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION") Ladies/Gentlemen, Pursuant to the provisions of City of Miami Code Section 55-15(a), as amended, the City of Miami Department of Resilience and Public Works has researched for any City projects involving the right of way to be closed and vacated by the subject plat. This department hereby confirms, based on our records, that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements on the right of way proposed to be vacated and closed. If you have any questions concerning this determination, please contact Abraham Bachtiar, P.E., Professional Engineer III, at 305-416-1759. Sincerely, igitsiy tu Santana, Juvenal DDate: 2021.05.13ally gnedb180530Sanana, 0400'Jvenal Juvenal Santana, P.E., CFM Supervisor of Plats - Plat and Street Committee Director — Public Works Department of Resilience and Public Works JS/AB/ab c: Pulice Land Surveyors, Inc. Javier E. Fernandez, Esq. ATTN: Jane Storms Sanchez -Medina, Gonzalez, Queseda, Lage, Gomez & 5381 Nob Hill Road Machado LLP Sunrise, FL 33351 jfernandez@smgglaw.com jane@pullicelandsurveryors.com Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager Alan M. Dodd, P.E., Director of Resilience and Public Works/CRO Robin Jones -Jackson, Division Chief of Complex Transactions Erica Paschal -Darling, CPA., Director — Finance Leon Michel, Assistant Director — Office of Management and Budget Hector Badia, Interim Director — Office of Capital Improvements Survey Development and Roadway Plans Central DEPARTMENT OF RESILIENCE & PUBLIC WORKS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 ATTORNEYS SMGQLAW.coM June 1, 2023 Via E-Plan Mr Darren Murphy, Planner II Planning Department City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 Re: PZ-22-14464 — 4201 NE 2 AV - Comments to Draft Final Decision Letter Dear Mr. Murphy: We are in receipt of your e-Plan Quick Review Task request of June 1st, 2023, and have reviewed the draft of the final decision letter (hereinafter, the "Draft") provided for our review and comment. Regarding the Draft, we concur with staff's presentation of the request, recommendation, project data, background information, findings, and conclusion. Therefore, our comments are limited to the suggested conditions of approval outlined on pages 7 and 8 of the Draft. We submit the following comments and suggested revisions for your consideration: • Condition #1: We would suggest that this condition be deleted as it could be read to limit the effect of the closure resolution (the "Resolution") to only the current version of the tentative plat (the "T- Plat"). It may be necessary for us to substantially modify the existing T-Plat or substitute a new T- Plat entirely. So long as any future version of the T-Plat is consistent with the Resolution, we believe such a revision should not be an impediment to successfully recording a final plat and perfecting the vesting of the Resolution within the permitted four-year life of the Resolution. • Condition #2: We would suggest that this condition be revised to render it consistent with the language of Condition #5 of the 2015 Closure Resolution (the "2015 Resolution"). To that end, we would recommend that the following language be substituted for the language contained in the Draft: "The Applicant or their successor shall comply with the conditions of approval stated for the Helm Design, Tentative Plat #1966 (Formerly #1941 and #1852-A), in a letter dated October 5, 2020, drafted by the Department of Resilience & Public Works." • Condition #3: We would suggest the following slight revision to the proposed condition. Suggested new language is underlined. "The Applicant, owner, or successor shall meet the applicable development standards identified in the Miami 21 Code, as the same may be modified by the applicable standards set forth in the Miami Design District Retail Street Special Area Plan, and all applicable local, state and federal regulations." SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO, LLP SMGQLAW.COM 1200 BRICKELL AVENUE, SUITE 950, MIAMI, FL 33131 I TEL: 305.377.1000 FAX: 855.327.0391 • Condition #4: We would respectfully request that this condition be deleted as we believe it is inapplicable to the current request. The Resolution does not authorize the closure of an alleyway but the closure of a utility easement which never provided access to the subject property for fire - rescue, police, solid waste or other city services. We would also note that the 2015 Resolution contained no comparable condition to the one proposed. • Condition #5: We concur with this condition. However, we would request confirmation that Section 55-10(i) of the City of Miami Code of Ordinances (the "Code"). While condition #5 of the 2015 Resolution included the same Code section reference, the current reference to s. 55-10(i) should likely be modified to refer to s. 55-10(j), which subsection was formerly subsection (i) prior to the adoption of Ord. No. 14045 on February 10, 2022. ■ Condition #6: We have no objection to the proposed language of this condition. We appreciate your consideration of our comments. Should you have any questions regarding the suggested modifications, please do not hesitate to contact me at (305) 761-2274 or via e-mail at jfernandez@smgqlaw.com. Respectfully submitted, Javier E. Fernandez, Esq. For the Firm Cc: Alexandra Cimo, SMGQ Law SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM Vallejos, Jennifer From: Vallejos, Jennifer Sent: Friday, December 3, 2021 2:22 PM To: Rachel Ross Cc: Pousada, Enrique; Borrego, Jose; Guzman, Arelys Subject: RE: Helm Design #1966-Tolling Request Attachments: 1st written notice.pdf Good afternoon Rachel, You submitted, on behalf of the owners, the attached written notice of intent to invoke the tolling and extension of the approval of HELM DESIGN Tentative Plat #1966. This is written confirmation that the new expiration date for the Tentative Plat is June 25, 2023. Regards, Jennifer Vallejos Engineer I Survey Section Department of Resilience and Public Works 444 SW 2nd Avenue, 7th Floor, Miami, FL 33130 Phone:305-416-1262 Email: jvallejos@miamigov.com Website: https://www.miamigov.com/Government/Departments-Organizations/Resilience-and-Public-Works From: Pousada, Enrique Sent: Thursday, August 5, 2021 10:09 AM To: Rachel Ross <rachel@pulicelandsurveyors.com> Cc: Vallejos, Jennifer <JVallejos@miamigov.com> Subject: RE: Helm Design #1966-Tolling Request Rachel, received. We will review and respond. Enrique Pousada, P.S.M. Professional Surveyor & Mapper Senior Surveyor — Survey Section City of Miami - Resilience & Public Works Department 444 SW 2nd Avenue, 7th Floor, Miami, FL 33130 (305) 416-1232 — Fax (305) 416-1278 https://www.miamigov.com/Government/Departments-Organizations/Resilience-and-Public-Works From: Rachel Ross <rachel@pulicelandsurveyors.com> Sent: Wednesday, August 4, 2021 10:20 AM To: Santana Jr., Juvenal <jsantana@miamigov.com>; Pousada, Enrique <epousada@miamigov.com> Subject: Helm Design #1966-Tolling Request 1 State of Florida Department of State I certify from the records of this office that 4201 NE 2ND AVE LLC is a limited liability company organized under the laws of the State of Florida, filed on June 27, 2014. The document number of this limited liability company is L14000103744. I further certify that said limited liability company has paid all fees due this office through December 31, 2023, that its most recent annual report was filed on January 10, 2023, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of March, 2024 Secretaty a tate Tracking Number: 6191928086CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 966628 Transaction Date: Apr 3 2023 4:53PM Permit Number: PZ2214464 FEE SUMMARY Javier Fernandez jernandez@smgglaw.com (305)377-1000 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-440 VACATION OF RIGHT OF WAY 3585.0000 SQ. FT. $3,585.00 PLANNING MS-103 MISCELLANEOUS - PLANNING 990.0000 DOLLARS $990.00 Total: $4,575.00 Rev. Jul/02/2012 Generated on Apr/03/2023 4:52 PM 4/18/23, 3:14 PM https://secure35.ipayment.com/Miami/my/0/print_version.htm?DOUBLESUBMIT= RLr%2fbXpC8CjnWotSKTK9AVJjHn3G3Lf... * I�p1Ir IMMTH * °. 11 11 77 ,moo ix t Department of Finance Online Payments Receipt Your Reference Number: 2023108001-307 04/18/2023 3:12:29 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2023108001-307-1 TRANS ID: 966628 BUSINESS NAME: COM Lien Search FEE NAME: VACATION OF RIGHT OF WAY Lien Search FEE NAME: MISCELLANEOUS - PLANNING PAYMENT ECheck FIRST NAME: Ayal ZIP: 10038 i i i i $4,575.00 $3,585.00 $990.00 TOTAL AMOUNT: $4,575.00 CE2023108001-307 $4,575.00 https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESU BM IT= RLr%2fbXpC8CjnWotSKTK9AVJjHn3G3LfboUg6c1c0h2M%3d 1/1 3/26/24, 10:27 AM secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT_=2No%2bPBLWLeBIQorGHoQZhRofQCVfA1 YMD... Department of Finance Online Payments Receipt Your Reference Number: 2024086001-111 03/26/2024 10:26:48 AM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2024086001-111-1 TRANS ID: 1064723 BUSINESS NAME: COM Lien Search FEE NAME: VACATION OF RIGHT OF WAY Lien Search FEE NAME: PUBLIC HEARING - ADVERTISING Lien Search $7,813.00 $3,585.00 $3,000.00 $9.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT Lien Search $400.00 FEE NAME: PUBLIC HEARING - ONE PROPERTY POSTING Lien Search $612.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS Lien Search $207.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - REGIST ERED HOAS AND PERSONS PAYMENT American Express Credit Sale TOTAL AMOUNT: $7,813.00 $7,813.00 CARD NUMBER ***********1009 LAST NAME: Fernandez i i CE2024086001-111 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT_=2No%2bPBLWLeBIQorGHoQZhRofQCVfA1 YMDVhCm2nRsuE... 1/1