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HomeMy WebLinkAboutApplication & Supporting DocumentsVACATION AND CLOSUREAPPLICATION' Please refer;o Chapter 55 of the Miami City Code for Vacation and Closure i*fPN5t@91. A " a� : ss11;a0F emit U, `i Ryan D. Bailine on behalf of MCREF Bird Road Development LLC and MCREF Bird Road Development II LLC 1. Applicant(s),: 2. Description of area: See Attached Exhibit A 3. Copies of the Tentative Plat: One (1) 2436" and one (1) 8'/2x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 2436"; b) Two (2) 11x17"; and c) One (1) 8'/x11" prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8'/2x11" 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? .3305+/- 17. What is the purpose of this application/nature of proposed use? Approval of Road Closure Rev. 07-2013 N AND CLOSUREAPPLICATION hin the boundaries of a historic site, historic district or archeological zone? Planning and Zoning Department on the 3rd Floor for information. No In the boundaries of an Environmental Preservation District? Please contact the g Department on the 3rd Floor for information. No 20. What would be the anticipated duration of the presentation in front of the: 0 Planning, Zoning and Appeals Board 30 minutes and/or 0 City Commission 30 minutes 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000.00, paid in the form of a certified check, cashier's check, or money order. Signature Address 333 SE 2nd Avenue, 4400 Name Ryan Bailine, Esq. Miami FL 33131 Telephone 305-579-0508 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE E-mail bailiner@gtlaw.com The foregoing was acknowledged before me this % day of 20 I rj by Ryan D. Bailine who is a(n) individual/partner/agenticorporation of a(n) individual/partnership/corporation. ±g/She is personally known to me or who has pr , uced as identification and who did (did no ace an oat . (Stamp) Signa ure M. DARLENE GONZALEZ MY COMMISSION # EE 849281 r .` EXPIRES: December 9, 2016 ii �?Bonded Thru Notary Poblk Underwriters Rev. 07-2013 N AND CLOSUREAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT the undersigned personally appeared Ryan D. Bailine , 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, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ryan D. Bailine Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicants) Signature The foregoing was acknowledged before me this &0— day of "4 kinj� 2015 by Ryan Bailine who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. ,Je/She is personally known to me or who has produced as identification and who dJid (did of to <e a oat . po (Stamp) Signature , `�Y r i M. DARLENE GONZALEZ lJ r: MY COMMISSION # EE 849281 • EXPIRES: December 9, 2016 '''� p f,fut,' Bonded Thru Notary Public Underwriters Rev. 07-2013 MCREF BIRD ROAD DEVELOPMENT PHASE II LLC SECRETARY'S CERTIFICATE June 30, 2015 The undersigned officer of MCREF Bird Road Development Phase II LLC, a Delaware limited liability company (the "Company"), hereby certifies, as of the date hereof, as follows: 1. She is the duly elected, qualified and acting Chief Administrative Officer and Secretary of the Company and in such capacity has the authority to certify to the authority of Jeff Meran to execute documents on behalf of the Company. 2. Jeff Meran is the Senior Managing Director of the Company and, in his capacity as Senior Managing Director of the Company and on behalf of the Company, has the requisite power to enter into any contract and execute and deliver any instrument and sign any forms, reports, schedules or filings required to be filed by the Company with any government or regulatory agency. IN WITNESS WHEREOF, I have executed this Secretary's Certificate as of the date first set forth above. .1u2�Nc6a'- Trish McBratney Chief Administrative Officer and Secretary NAI -1500415682v1 VACATION AND CLOSUREAPPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) _ MCREF Bird Road Development Phase II LLC Percentage of Ownership 100% Subject Property Address (es) Approximately 3750 Bird Road, 3734 Bird Road, 3736 Bird Road, 3031_SW 37th Ct. 3090 SW 37th Ave, Miami FL. 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es). NONE Z�-e � � '(\^\wcLyx Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): 41F1 Owne ) f Attorney Signature The foregoing was acknowledged before me this d `f day of _,TL*Le 201:�--, by Krorl who is a(n) indi` vidual/partner/agent/corpo ration of a(n) individual/partnership/corporation. He/She is perso ally kaQmm to me or who has produced as identification and who did (did not) take a ath. a (Stamp) ____.___..e-.� Signature ANDREA L. ROM ERO ,,,�°0, MY COMMISSION #EE123870 EXPIRES: AUG 21, 2015 Bonded through 1 st State Insurance Rev.07-2013 VACATION AND CLOSUREAPPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) MCREF Bird Road Development LLC Percentage of Ownership 100% Subject Property Address(es) SW 40th Street (Bird Road) to Peacock Ave, and SW 38th Avenue to SW 37th Court. 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): NONE Jeff Meran Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): li;*�_ Owner(s)'4,Ktiorney Signature The foregoing was a kknnowl�dged before me this _� day of 0—un-c- 20 b ma who is a(n) i dividual partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. L_�4L �� Aa"-- (Stamp) Signature O,rpY p �G ANDREA L. ROMERO My COMMISSION #EE123870 EXPIRES: AUG 21, 2015 �a Bonded through 1st State insurance Rev. 07-2013 - - N8744'10 NOTE. 100.01' PEACOCK AVE. 1. BEARINGS SHOWN HEREON RELA TE TO AN ASSUMED BEARING (S87'4841 "W) ALONG THE MONUMENT LINE OF S W. 40TH STREET (BIRD ROAD). 2. SEE SHEET 2 FOR LEGAL DESCRIPTION. PREPARED FOR: MCREF BIRD ROAD DEl ELOPMENT, INC. �G��LGITELT{2E-�lZL�/2LI2 c.'� �% ��OG�L2�:` j'`1Gfs, (LB -87) LAND SURVEYORS ENGINEERS LAND',4P1;��lJh? f' 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.•(305) 652-7010 BROWARD:(954) �r5=�Q0, FAX(Q5) 6S�?–R284 ORDER NO.: 204609 PREPARED UNDER MY SUPFRVIS16N- THIS IS NOT A "LAND SURVEY." DATE: 09-15-15 SHEET 1 OF ? SHEET(S) F. B,: N.A. MARK STEVEN JCHNSCN, PmNCIPAL FLORIDA PROF. LAND SURVIFYOR NO. 4775 K:\205441\BLOCK 10 -REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwg1SW 37 Ct Road Closure 091515.dw4 EXHIBIT SKETCH TO ACCOMPANY LEGAL DESCRIPTIONE A RIGRT--OF-WAY TO BE VACATED m S87'48'41'W — S W. 40th ST. (BIRD ROAD) S8T48'34"W(R (STATE ROAD 976) NORTHERLY BOUNDARY 10 TRACT 'A^ 7 P.0 NORTHEAST CORNER, TRACT 'A" "W p LINE, ' (P.B. 170, PG. 87) S874841 100.01 P 0.0. (P.B. 170, PG. 87) , Scale: 1 "=60' — --�/ - ' 116.11 S8T48 41 "W LOT 1 — — (M)L=38.84' LOT z R=25.00' ti1) L=39.70'( — — (M)d =89'01 '23" R=25.00' LOT 3 CH.D=35.05' 2 d =90758'37"(M) — CH.B.=S4T40'37"E CH.D=35.66' LEGEND: d=89'0100 "(R) CH. B. =N42' 19'23"E LOT 4 , - CENTERLINE L=39.70 (R) ^ d=90'5833 "(R) Y ` a - MONUMENT UNE W N L=39.70 (R) LOT 5 P.O. B. - POINT OF BEGINNING o m P.O. C. - POINT OF COMMENCEMENT o> o N a W v > � -� Lor IJ R – RADIUS Lr, w 4! mW3 0� ��1 — A- DELTA ANGLE o o rn h Ot' SS�PPG� P L- ARC LENGTHQ a o w ,� 3 o 0 0 �P�dp10 LOT 14 CH. B. - CHORD BEARING W ? N , (-r; -w ;� 3 o F-) �P4CH. D. - CHORD DISTANCE a' w Z �P Lor 1s P.B. -PLAT BOOK ^ PG - PAGE N L=38.88' R/W - RIGHT-OF-WAY — LOT lj BLOCK 10 R=25.00' (R) - RECORD REALTY SECURITIES CORPORATIONS PUT OE COCOANUT MW a =89"05'55" (M) - MEASURED _ APB z Pr. as) _ CH.D=35.08' L=39.66' R=25.00' CH. B.=N4T42'5J1Y d =90'54'05" d=89'06'01 "(R) CH.D=35.63' L=39.88'(R) SOUTHERLY BOUNDARY LINE, CH. B. =S42' 17'07V TRACT 'A" (P. B. 170, PG. 87) - - N8744'10 NOTE. 100.01' PEACOCK AVE. 1. BEARINGS SHOWN HEREON RELA TE TO AN ASSUMED BEARING (S87'4841 "W) ALONG THE MONUMENT LINE OF S W. 40TH STREET (BIRD ROAD). 2. SEE SHEET 2 FOR LEGAL DESCRIPTION. PREPARED FOR: MCREF BIRD ROAD DEl ELOPMENT, INC. �G��LGITELT{2E-�lZL�/2LI2 c.'� �% ��OG�L2�:` j'`1Gfs, (LB -87) LAND SURVEYORS ENGINEERS LAND',4P1;��lJh? f' 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.•(305) 652-7010 BROWARD:(954) �r5=�Q0, FAX(Q5) 6S�?–R284 ORDER NO.: 204609 PREPARED UNDER MY SUPFRVIS16N- THIS IS NOT A "LAND SURVEY." DATE: 09-15-15 SHEET 1 OF ? SHEET(S) F. B,: N.A. MARK STEVEN JCHNSCN, PmNCIPAL FLORIDA PROF. LAND SURVIFYOR NO. 4775 K:\205441\BLOCK 10 -REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwg1SW 37 Ct Road Closure 091515.dw4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION RIGHT-OF-WAY TO BE VACATED RIGHT -OF -WA Y TO BE VA CA TED: LEGAL DESCRIPTION: THAT PORTION OF THE RIGHT-OF-WAY FOR SW. 37th COURT LYING BETWEEN SW. 40th STREET (BIRD ROAD) AND PEACOCK AVENUE, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 'A, " MIAMI DOUGLAS STATION, " ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 170 AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DECREES 48 MINUTES 34 SECONDS WEST) ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT "A, " FOR A DISTANCE OF 116.11 FEET TO THE POINT .OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT-OF-WAY TO BE VACATED; THENCE CONTINUE SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF SAID TRACT "A, " FOR A DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 01 MINUTES 23 SECONDS (RECORD 89 DEGREES O1 MINUTES 00 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 47 DEGREES 40 MINUTES 37 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.05 FEET FOR AN ARC DISTANCE OF 38.84 FEET (RECORD 39.70 FEET) TO A POINT OF TANGENCY THENCE RUN SOUTH 03 DEGREES 09 MINUTES 56 SECONDS EAST (RECORD SOUTH 03 DEGREES 09 MINUTES 59 SECONDS EAST) ALONG THE WESTERL Y RIGHT-OF-WAY LINE OF S W. 37th COURT FOR A DISTANCE OF 227.29 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 54 MINUTES 05 SECONDS, HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 42 DEGREES 17 MINUTES 07 SECONDS WEST THROUGH A CHORD DISTANCE OF 35.63 FEET, FOR AN ARC DISTANCE OF 39.66 FEET TO A POINT OF CUSP,- THENCE RUN NORTH 87 DEGREES 44 MINUTES 10 SECONDS EAST (RECORD NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST) ALONG THE WESTERLY PROLONGATION OF THE SOU THERL Y BOUNDARY LINE OF SAID TRACT 'A, " FOR A DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DECREES 05 MINUTES 55 SECONDS (RECORD 89 DEGREES 06 MINUTES 0 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 47 DEGREES 42 MINUTES 53 SECONDS WEST THROUGH A CHORD DISTANCE OF 35.08 FEET, FOR AN ARC DISTANCE OF 38.88 FEET (RECORD 39.88 FEET) TO A POINT OF TANGENCY- THENCE RUN NORTH 03 DEGREES 09 MINUTES 56 SECONDS WEST (RECORD NORTH 03 DEGREES 09 MINUTES 59 SECONDS WEST) ALONG THE EASTERLY RICHT-OF-WAY LINE OF SAID S W. 37th COURT FOR A DISTANCE OF 227.16 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 58 MINUTES 37 SECONDS (RECORD 90 DEGREES 58 MINUTES 33 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 42 DEGREES 19 MINUTES 23 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.66 FEET, FOR AN ARC DISTANCE OF 39.70 FEET TO THE POINT OF BEGINNING. SAID RIGHT -OF -WA Y TO BE VACATED CONTAINING 14,398 SQUARE FEET, MORE OR LESS SAID RIGHT-OF-WAY TO BE VACATED LYING AND BEING IN SEC77ON 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NO TE I. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (S87'48'41 "W) ALONG THE MONUMENT LINE OF S W. 40TH STREET (BIRD ROAD). 2. SEE SHEET 1 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION. PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT, INC. �G��LGIJELTl2E—�12L�i2Li2 c��OG�LL2�.�?G�, (LB -87) LAND SURVEYORS ENGINEERS LAND' ,PL4I NER,_<' -,; 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.•(305) 652-7010 8R0WARD:(954) 435�70f0 FAX (305)2�828� gg w ORDER NO.: 204509 PAEWD .UNDER M>3 SUPERVISION• THIS 1S NOT A "LAND SURVEY." DATE: 09-15-15 ` SHEET 2 OF ? SHEET(S) F.B.: N.A. MARK', T,EVEiJ ' JOHIv!�UN; . C RiN IPAL FLORIDA PROF LAND SURVEYOR NO. 4775 K:\205441\BLOCK 10 -REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwa\SW 37 Ct Road Closure 091515.dwq OPINION OF TITLE To: CITY OF MIAMI, FLORIDA, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA, a municipal corporation, in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property described herein as Parcel 1 and Parcel 2 (collectively, the "Property"), it is hereby certified that we have examined the following (the "Title Evidence"): (i) First American Title Insurance Company Owner's Title Insurance Policy No. 5011412- 0275840e covering the period from the BEGINNING through June 23, 2015 at 2:11:10 p.m., with respect to the real property more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein ("Parcel V), as updated by First American Title Insurance Company Search Update No. 1 under FATIC FAST File No. 1062-3431434 covering the period of June 23, 2015 at 8:00 A.M. through September 2, 2015 at 8:00 a.m.; and (ii) Fidelity National Title Insurance Company Owner's Title Insurance Policy No. FL2346- 10-4035865-2013.2730609-90101314 covering the period from the BEGINNING through October 16, 2013 at 9:53 a.m., with respect to the real property more particularly described on Exhibit "B attached hereto and by this reference incorporated herein ("Parcel 2), as updated by Chicago Title Insurance Company Certificate of Search under File No. 5468157 covering the period of October 16, 2013 at 6:00 a.m. through September 3, 2015 at 6:00 a.m. Basing our opinion solely on the aforesaid Title Evidence covering said time periods referenced above, we are of the opinion that on the date last mentioned above, the fee simple title to the Property was vested in: As to Parcel 1: MCREF Bird Road Development Phase II LLC, a Delaware limited liability company As to Parcel 2: MCREF Bird Road Development LLC, a Delaware limited liability company Based solely upon my review of that certain Officer's Certificate of Limited Liability Company Resolutions dated September 0 5', . 2015 and assuming such Officer's Certificate was duly authorized and executed and has not been amended, rescinded or revoked, Jeff Meran, as Senior Managing Director of both limited liability companies shown above has the authority to sign on behalf of such limited liability companies. Subject to the following encumbrances, liens and other exceptions: RECORDED MORTGAGES: As to Parcel 1: NONE As to Parcel 2: Mortgage executed by MCREF Bird Road Development LLC, a Delaware limited liability company, in favor of PNC Bank, National Association, in the original principal amount of $44,930,600.00, dated October 15, 2013, recorded October 16, 2013 in Official Records Book 28868, Page 1484, of the Public Records of Miami -Dade County, Florida. MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 2 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: As to Parcels 1 and 2 3. GENERAL EXCEPTIONS 4. SPECIAL EXCEPTIONS NONE See attached Exhibit "B" attached hereto. See attached Exhibit "C" attached hereto. All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to any dedicated areas shown on the final plat of the Property, the subdivision thereof to be known as "MIAMI DOUGLAS STATION AMENDED": Name Interest Special Exception Number MCREF Bird Road Development Phase II LLC, a Delaware Fee Simple Owner (Parcel 1) N/A limited liability company MCREF Bird Road Development LLC, a Delaware limited Fee Simple Owner (Parcel 2) N/A liability company Cristal Associates, LLC, a Florida Holder of a Right of Refusal 12 limited liability company (Parcel 2) PNC Bank, National Association Mortgagee (Parcel 2) 13 With respect to the reversionary rights for the right-of-way portion of the property to be closed and vacated, as more particularly described in Exhibit "D" attached hereto and incorporated herein (the "Street"), we have examined the Florida Statutes and have determined that Section 177.085(1) of the Florida Statutes ("Statute") reads as follows: "When any owner of land subdivides the land and dedicates streets, other roadways, alleys or similar strips on the map or plat, and the dedication contains a provision that the reversionary interest in the street, roadway, alley or other similar strip is reserved unto the dedicator or his or her heirs, successors, assigns, or legal representative, or similar language, and thereafter conveys abutting lots or tracts, the conveyance shall carry the reversionary interest in the abutting street to the centerline or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance." MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 3 Based upon the presumption that all proper and appropriate steps have been taken to close the Street, the presumption that none of the deeds in the chain of title of the abutting land contained a personal reversionary interest in the abutting streets, and further presumption that none of the plats as described in Exhibit "A" contained a personal reversionary interest, or required the joinder of any other parties, it is our opinion that by virtue of the conditions set forth in the Statute, the Street to be vacated will become the property of the abutting land owners to the centerline on each side. I HEREBY CERTIFY that the legal description contained in Exhibit "A" coincides with, and is the same as the legal description in the Tentative Plat entitled "MIAMI DOUGLAS STATION AMENDED" as prepared by Schwebke-Shiskin & Associates, Inc., under File No. AJ -5289 dated June 9, 2015. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in goodstanding of the Florida Bar. Respectfully submitted this k day of September, 2015 GREENBERG 7RAURIG, P.A. By:''. Brenda M. Fernandez, Attorney Florida Bar#0501611 Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida 33131 (305) 579-0694 STATE OF FLORIDA COUNTY OF MIAMI-DADE f� The foregoing instrument was acknowledged before me this �� day of September, 2015, by Brenda M. Fernandez, who is personally known tome. OFY67-Public nr1m_ d--e�G� State of Florida ARIANNA CABRERA [Notary Seal] Notary Public - State of Florida 1(2 Commission # FF 168401 M��mm. Expires Oct 17, 2016 Irmo National Notary Ann, MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 4 Exhibit "A" Legal Description PARCEL 1: TRACT "A", MIAMI DOUGLAS STATION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 170 AT PAGE 87 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: THAT PORTION OF LOTS 18,21 AND 24, BLOCK 10 OF REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 85 AND A PORTION OF TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, AT PAGE 67, BOTH PLATS OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A; THENCE NORTH 87048'34" EAST ALONG THE NORTH LINE OF SAID TRACT A ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF BIRD ROAD FOR 237.94 FEET TO A POINT OF CURVATURE; THE FOLLOWING FOUR (4) COURSES BEING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.W. 37TH COURT AND NORTHERLY RIGHT-OF-WAY LINE OF PEACOCK AVENUE AS RECORDED IN DEED BOOK 3101 AT PAGE 577 OF SAID PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; (1) THENCE RUN SOUTHEASTERLY ALONG A 25.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89001'27" FOR AN ARC DISTANCE OF 38.84 FEET TO A POINT OF TANGENCY; (2) THENCE SOUTH 03009'59" EAST FOR 227.29 FEET TO A POINT OF CURVATURE; (3) THENCE SOUTHWESTERLY ALONG A 25.00 FOOT RADIUS LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90054'09" FOR AN ARC DISTANCE OF 39.66 FEET TO A POINT OF TANGENCY; (4) THENCE SOUTH 87°44'10" WEST FOR 233.09 FEET; THE FOLLOWING TWO (2) COURSES BEING ALONG THE EASTERLY RIGHT- OF-WAY LINE OF S.W. 38TH AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 11083 AT PAGE 1566 OF SAID PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, (1) THENCE NORTH 38018'40" WEST FOR 30.59 FEET; (2) THENCE NORTH 03°07'34" WEST ALONG SAID RIGHT-OF-WAY LINE BEING 12.00 FEET EAST OF THE WESTERLY LINE OF SAID TRACT A FOR 249.02 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND WHOSE RADIUS POINT BEARS SOUTH 34027'30" EAST; THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF BIRD ROAD BEING ALONG A 25.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 32016'04" FOR 14.08 FEET TO THE POINT OF BEGINNING. MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 5 PARCEL 3: LESS AND EXCEPT THE FOLLOWING PORTION OF PARCEL 2 DESCRIBED ABOVE TO BE CONVEYED TO THE CITY OF MIAMI FOR RIGHT OF WAY PURPOSES: A PORTION OF TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, AT PAGE 67, BOTH PLATS OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A; THENCE NORTH 87048'34" EAST, ALONG THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 12.00 FEET TO A POINT OF TANGENT CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90056'08", A DISTANCE IF 39.68 FEET; THENCE NORTH 03°07'34" WEST ALONG A LINE 12 FEET EAST OF THE WEST LINE OF SAID TRACT A, A DISTANCE OF 21.55 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH A RADIAL LINE BEARS SOUTH 34°27'30" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 32016'04", A DISTANCE OF 14.08 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA MIA 184873922v1 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 6 Exhibit "B" General Exceptions As to Parcels 1 and 2: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements, or claims of easements, not shown by the Public Records. 4. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the Public Records. 6. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. 7. Taxes and assessments for the year 2015 and subsequent years. MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 7 Exhibit "C" Special Exceptions As to Parcel 1: 1) All matters either shown or recited on the plat of MIAMI DOUGLAS STATION, as recorded in Plat Book 170, at Page 87, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604( c). 2) Terms and provisions of that certain Covenant to Run with the Land recorded June 9, 1983, in Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida. 3) Agreement for Water and Sanitary Sewage Facilities, recorded September 7, 1995, in Official Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida. 4) Terms and provisions of that certain Unity of Title recorded February 13, 1996, in Official Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida. 5) Agreement for Water and Sanitary Sewer Facilities between Miami -Dade County and TREO Douglas Station, LLC, recorded July 18, 2014, in Official Records Book 29234, Page 1220, of the Public Records of Miami -Dade County, Florida, as affected by Assignment, Assumption and Acceptance of Agreement Rights between TREO Douglas Station, LLC and MCREF Bird Road Development Phase II, LLC, a Delaware limited liability company recorded August 26, 2015 in Official Records Book 29753, Page 19, of the Public Records of Miami -Dade County, Florida 6) Terms, covenants and provisions of that certain Covenant Running with the Land recorded July 18, 2014, in Official Records Book 29234, Page 1246, of the Public Records of Miami - Dade County, Florida. 7) Terms and Provisions of that certain Agreement for Construction of Improvements Pursuant to Provisions of Chapter 54, Section 54-46, and Chapter 55 of the Code of the City of Miami, Florida, recorded February 6, 2015, in Official Records Book 29492, Page 2110, of the Public Records of Miami -Dade County, Florida. 8) Survey prepared by Schwebke-Shiskin & Associates, Inc., dated June 8, 2015, and bearing Job No. 2234, and Order No. 204214, discloses the following: a. Chain Link fence extends beyond boundary at Northwest corner, Southwest corner and at Southerly boundary. b. Backflow Preventer Assembly and Post Indicator Valve appear at Southeast boundary without benefit of easement. c. Asphalt pad extends beyond boundary at Southwest corner. d. Concrete curb encroaches on property at Southwest corner. e. Sidewalk encroaches on property at North boundary. MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 8 f. Sign encroaches on property at North Boundary. g. Overhead wires encroach on and cross over property at East and West boundaries. h. Aluminum Light Posts appear on property at Northeast boundary without benefit of easement. 9) Notice of Commencement (Re: Interior Renovation) recorded August 12, 2015, in Official Records Book 29734, Page 4123, of the Public Records of Miami -Dade County, Florida. As to Parcel 2: 10) Agreement for Water and Sanitary Sewage Facilities recorded June 25, 2013 in Official Records Book 28696, Page 86, of the Public Records of Miami -Dade County, Florida, as affected by Assignment, Assumption and Acceptance of Agreement Rights between Cristal Associates, LLC and MCREF Bird Road Development, LLC, a Delaware limited liability company recorded January 10, 2014 in Official Records Book 28983, Page 4020, of the Public Records of Miami -Dade County, Florida and as amended by Addendum Number One to Agreement for Water and Sanitary Sewage Facilities recorded February 5, 2014 in Official Records Book 29018, Page 137, of the Public Records of Miami -Dade County, Florida. 11) Application and Acceptance of Conditional Building Permit and Estoppel Notice recorded September 19, 2013 in Official Records Book 28829, Page 2275, of the Public Records of Miami -Dade County, Florida. 12) Right of First refusal in favor of Cristal Associates, LLC, a Florida limited liability company contained in the unrecorded Agreement for the Purchase and Sale of Real Property dated August 17, 2012. NOTE: The term of said right of first refusal is three (3) years from the date of the sale from Cristal Associates, LLC, a Florida limited liability company to MCREF Bird Road Development LLC, a Delaware limited liability company and the date of sale is October 10, 2013 pursuant to that certain Special Warranty Deed dated October 10, 2013 and recorded October 16, 2013 in Official Records Book 28868, Page 1479 of the Public Records of Miami -Dade County, Florida. 13) Mortgage executed by MCREF Bird Road Development LLC, a Delaware limited liability company, in favor of PNC Bank, National Association, in the original principal amount of $44,930,600.00, dated October 15, 2013, recorded October 16, 2013 in Official Records Book 28868, Page 1484, of the Public Records of Miami -Dade County, Florida. 14) Assignment of Leases and Rents by MCREF Bird Road Development LLC, a Delaware limited liability company, in favor of PNC Bank, National Association, dated October 15, 2013, recorded October 16, 2013 in Official Records Book 28868, Page 1517, of the Public Records of Miami -Dade County, Florida. MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 9 15) UCC -1 Financing Statement in favor of PNC Bank, National Association, dated October 15, 2013, recorded October 16, 2013 in Official Records Book 28868, Page 1528, of the Public Records of Miami -Dade County, Florida. 16) Notice of Commencement (Re: Construction of multifamily property containing 262 dwelling units) recorded November 5, 2013 in Official Records Book 28899, Page 2155, of the Public Records of Miami -Dade County, Florida, as amended and restated by Amended and Restated Notice of Commencement (Re: Construction of multifamily property containing 262 dwelling units) recorded August 11, 2015 in Official Records Book 29733, Page 1628, of the Public Records of Miami -Dade County, Florida. 17) Grant of Easement in favor of Comcast of California/Colorado/Florida/Oregon, Inc. recorded September 22, 2014 in Official Records Book 29317, Page 3731, of the Public Records of Miami -Dade County, Florida. 18) Easement in favor of Florida Power and Light recorded March 2, 2015 in Official Records Book 29520, Page 3425, of the Public Records of Miami -Dade County, Florida. 19) Easement in favor of Florida Power and Light recorded March 2, 2015 in Official Records Book 29520, Page 3428, of the Public Records of Miami -Dade County, Florida. NOTE: This opinion is subject to the following assumptions with respect to (i) Notice of Commencement listed as Special Exception 9 which is set to expire by its terms on October 31, 2015, and (ii) a Notice of Commencement listed as Special Exception 16 which is set to expire by its terms on May 31, 2016, and which relate to ongoing construction work at the Property, that if any parties having any rights to file a claim of lien that would relate back to the date of recording of such applicable Notice of Commencement would actually file such claim of lien then such recorded claim of lien will be satisfied, released or transferred to bond within 10 days of its filing but in any event before the recordation of the final plat of MIAMI DOUGLAS STATION AMENDED. NOTE: That portion of the legal description described as Parcel 3 in Exhibit A attached to this Opinion of Title is being conveyed by MCREF Bird Road Development LLC to City of Miami, a copy of the signed Right -of -Way Deed is attached as Exhibit "E" to this Opinion. Approval and acceptance of the Right -of -Way Deed by the City of Miami Commission is scheduled for October 22, 2015. Once it is approved and executed by the City of Miami, it will be recorded in the public records of Miami -Dade County, Florida. MIA 1848739220 Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 10 Exhibit D" LEGAL DESCRIPTION OF STREET BEING VACATED [SEE ATTACHED SKETCH AND LEGAL DESCRIPTION PREPARED BY SCHWEBKE-SHISKIN & ASSOCIATES, INC. UNDER ORDER NO. 204609 DATED 09-15-151 MIA 184873922v1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION RIGHT' OF -WAY TO BE VACATED - 587 48'41 "W I ^ :� — —irk —T— ATE ROAD 976) A0.C, S W. 40th ST. (BIRD ROAD) ( NORTHERLY BOUNDARY LO NORTHEAST CORNER, S87'4834 "W(R LINE, TRACT 'A° 7 TRACT 'A"' S87'48'41 "W 100.01' P.O.B. (P.B. 170, PG. 87) l (P.B. 170, PG. 87) Scale: 1 =60 — —R/ T 1 116.11 ' S87'4841 (M)L=38.84' LOT 1 R=25.00' L=39.70'(MJ — — (M)d =89'01'2J " R=25.00' LOT, CH.D=35.05' 2 d =90'58'37"(M) — _ CH.B.=S47'40'37"E CH.D=35.66' CH. B. =N42'1 92J"E LOT 4 LEGEND.' A=89 -01100"(R) `D d=90'58'33"(R) -CENTERLINE L=39.70'(R) a z — MONUMENT LINE N L=39.70'(R) Lor 5 9 N P.O. B. - POINT OF BEGINNING _ P.O.C. -POINT OF w5o^a ¢ ti w a COMMENCEMENT `� W v W Lor 13 R -RADIUS m`L— A- DEL TA ANGLE L -ARC LENGTH Q a m o o 011, So,eP LOT 14 W Q ? I) 3p �' O O 0� CH.B. — CHORD BEARING `� c � w �* o vi Q +, — CHD. — CHORD DISTANCEro Q N 3 Z Z Q�P� Lor 15 P.B. - PLA T BOOK � w ^ d PG. - PAGE N/ L=38.88' R/W — RIGHT—OF—WAY — nor 18, ecocK 10 — (R) — RECORD REALTY SECURIR£S CORPORATIONS R=25.00' UT OF COCOANUT 9ME " (M) — MEASURED P Pe. ? PG as � d =89'05 55� L=39.66' CH. D=35.08 R=25.00' CH.B.=N4742'53"W A =90'54'05" d=89'06'01 "(R) CH.D=35.63' L=39.88'(R) SOUTHERLY BOUNDARY LINE, CH.B. =S42' 17'07"W TRACT A ' (P.B. 170, P('. 87) - - N87'44' 10" 100.01 ' _ PEACOCK AVE. NO TE.- 1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (S8748'41"W) ALONG THE MONUMENT LINE OF SW. 40TH STREET (BIRD ROAD). 2 SEE SHEET 2 FOR LEGAL DESCRIPTION. PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT, INC. �C�lZG1TELT{ZE—�rLL�/ZLIZ U� OG'LQ..�f .-.�J's!Zr3, (LB -87) LAND SURVEYORS ENGINEERS LAND , PL.ANNEi R 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE-(305) 652-7010 BROWARD:(954) 435-7010 FAX.•(305) 652-8284 THIS IS NOT A "LAND SURVEY." ORDER NO.: 204609 DATE: 09-15-15 SHEET 1 OF 2 SHEET(S) F.B.: N.A. PARI__ UNDER MY SUPF_r?VISIOIv: MARK STEVEN JOHNSON, PRINCIPAL FLORIDA PROF. LAND SURVEYOR NO. 4775 K:\205441\BLOCK 10 -REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwa\SW 37 Ct Road Closure 091515.dwq SKETCH TO ACCOMPANY LEGAL DESCRIPTION RIGHT-OF-WAY TO BE VACATED RIGHT—OF—WAY TO BE VACATED: LEGAL DESCRIPTION: THAT PORTION OF THE RIGHT—OF—WAY FOR S.W. 37th COURT LYING BETWEEN SW. 40th STREET (BIRD ROAD) AND PEACOCK AVENUE, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOL LOWS• COMMENCE AT THE NORTHEAST CORNER OF TRACT 'A," MIAMI DOUGLAS STATION," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 170 AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE RUN SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT "A" FOR A DISTANCE OF 116.11 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT—OF—WAY TO BE VACATED; THENCE CONTINUE SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF SAID TRACT 'A, " FOR A DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 0 MINUTES 23 SECONDS (RECORD 89 DEGREES 01 MINUTES 00 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 47 DEGREES 40 MINUTES 37 SECONDS EAST THROUGH A CHORD DISTANCE OF 3505 FEET, FOR AN ARC DISTANCE OF 38.84 FEET (RECORD 39.70 FEET) TO A POINT OF TANGENCY- THENCE RUN SOUTH 03 DEGREES 09 MINUTES 56 SECONDS EAST (RECORD SOUTH 03 DEGREES 09 MINUTES 59 SECONDS EAST) ALONG THE WESTERLY RIGHT—OF—WAY LINE OF S.W. 37th COURT FOR A DISTANCE OF 227.29 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 54 MINUTES 05 SECONDS, HAVING A RADIUS OF 2500 FEET, AND WHOSE LONG CHORD BEARS SOUTH 42 DEGREES 17 MINUTES 07 SECONDS WEST THROUGH A CHORD DISTANCE OF 3563 FEET FOR AN ARC DISTANCE OF 39.66 FEET TO A POINT OF CUSP; THENCE RUN NORTH 87 DEGREES 44 MINUTES 10 SECONDS EAST (RECORD NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST) ALONG THE WESTERLY PROLONGATION OF THE SOU THERL Y BOUNDARY LINE OF SAID TRACT 'A, " FOR A DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 05 MINUTES 55 SECONDS (RECORD 89 DEGREES 06 MINUTES 0 SECONDS), HAVING A RADIUS OF 2500 FEET, AND WHOSE LONG CHORD BEARS NORTH 47 DEGREES 42 MINUTES 53 SECONDS WEST THROUGH A CHORD DISTANCE OF 35.08 FEET, FOR AN ARC DISTANCE OF 38.88 FEET (RECORD 39.88 FEET) TO A POINT OF TANGENCY- THENCE RUN NORTH 03 DEGREES 09 MINUTES 56 SECONDS WEST (RECORD NORTH 03 DEGREES 09 MINUTES 59 SECONDS WEST) ALONG THE EASTERLY RIGHT—OF— WA Y LINE OF SAID S. W. 37th COURT FOR A DISTANCE OF 227.16 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 58 MINUTES 37 SECONDS (RECORD 90 DEGREES 58 MINUTES 33 SECONDS), HAVTNC A RADIUS OF 2500 FEET, AND WHOSE LONG CHORD BEARS NORTH 42 DEGREES 19 MINUTES 23 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.66 FEET, FOR AN ARC DISTANCE OF 39.70 FEET TO THE POINT OF BEGINNING. SAID RIGHT—OF—WAY TO BE VACATED CONTAINING 14,398 SQUARE FEET MORE OR LESS SAID RIGHT—OF—WAY TO BE VACATED LYING AND BEING 1N SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA. NOTE: 1. BEARINGS SHOWN HEREON RELA TE TO AN ASSUMED BEARING (S87 4841 "W) ALONG THE MONUMENT LINE OF S W. 40TH STREET (BIRD ROAD). 2. SEE SHEET 1 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION. PREPARED FOR. MCREF BIRD ROAD DEVELOPMENT INC. �G'l2GiTElJf2E—�/ZL��2L/2 GJ�� �OC'LG?��?C9. (LB -87) LAND SURVEYORS ENGINEERS LAND PLANNERS 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.•(305) 652-7010 9ROWARD:(954) 435--70fO FAX. -(305) 652.-&284 THIS IS NOTA "LAND SURVEY.' ORDER NO.: 204609 PARED :`UNDER Ask}'a SUPERVISION: : DATE: 09-15-15 SHEET ? OF Z SHEET(S)F, Q,; N.A. —MARK TEVEN JOHNSON, PRINCIPAL FLORIDA PROF. LAND SURVEYOR NO. 4775 K:\205441\BLOCK 10 -REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwq\SW 37 Ct Road Closure 091515.dwq Opinion of Title- MIAMI DOUGLAS STATION AMENDED PLAT Page 11 Exhibit "E" Copy of Right of Way Deed for Parcel 3 [SEE ATTACHED] MIA 1848739220 This Instrument Prepared by: Victoria M6ndez, City Attorney OFFICE OF THE CITY ATTORNEY City of Miami, Florida 444 S.W. 2 Avenue, 9u'Floor Miami, Florida 33130-1910 After Recordation Retum to: Enrique Pousada, P.S.M., Senior Surveyor PUBLIC WORKS DEPARTMENT City of Miami, Florida 444 S.W. 2 Avenue, 8`" Floor Miami, Florida 33130-1910 (Space Above for Recorder's Use Only) Folio Number: 01-4120-001-0010 Address: 3760 Bird Road, Miami FI 33146 RIGHT-OF-WAY DEED THIS INDENTURE, made this day of , A.D. 2015, between MCREF BIRD ROAD DEVELOPMENT LLC, a Delaware Limited Liability Company, authorized to transact business in the State of Florida, whose address is 2001 Bryan Street, Suite 3275, Dallas, Texas 75201, grantor, and the CITY OF MIAMI, a Florida municipal corporation, P.O. Box 330708, Coconut Grove Station, Miami 33233-0708, of the County of Miami -Dade, in the State of Florida, grantee. WITNESSETH that the said grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration to it in hand paid by the said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, its successors in interest, for the purpose of a public highway and/or road and other purposes incidental or related thereto, all right, title, interest, claim or demand of the said grantor, in and to the following described land, situate, lying and being in the County of Miami -Dade and the State of Florida, to wit: See attached EXHIBIT "A" attached hereto and made a part hereof. And the said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. It is the intention of the said grantor hereto by this instrument to convey to the said grantee, and its successors in interest, the land herein described for use as a public right-of-way. Page 1 of 5 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed the day and year above written. Signed, sealed and delivered in the presence of us: WITMEtS TO BOTH SIGNATURES " t) (A V -n M ko' 16 PRINT NAME (FIRST WITNESS) -ass Gt^d�s /{ $ga34 1�O c c. ti 'M31 PRINT ADDRESS 4� G4& WITNESS TO BOTH SIGNATURES PRINT NAME (SECOND WITNESS) PRINT ADDRESS STATE OF FLORIDA) COUNTY OF MIAMF6ADE ) MCREF BIRD ROAD DEVELOPMENT LLC A Delaware Limited Liability Company By: JE Sen r:,,RAN naging Director I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, JEFF- MERAN, as Senior Managing Director of MCREF BIRD ROAD DEVELOPMENT LLC, a Delaware Limited Liability Company, who is personally known to me or who has produced as identification and who executed the foregoing instrument freely and voluntarily for the purposes therein expressed and who did not take an oath. WI,. NESS my hand and official seal this ��ay of �y A.D., 2015. r .. WA SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT Printed Name of Acknowl�a., gerTy,rt Notary Public, State of _f'c Serial or Commission Number: (if any) My Commission Expires: Page 2 of 5 KERRIAN T. WALKER Commission # FF 062563 y Expires June 5, 2016 •'; !„ ':�` &WWA Thal Tmy Fin 1nw Y:S39'W M APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez CITY ATTORNEY ASSISTANT CITY ATTORNEY This Instrument Accepted Pursuant to Resolution No. Passed and Adopted Page 3 of 5 APPROVED AS TO LEGAL DESCRIPTION: EDUARDO SANTAMARIA, P.E., CGC DIRECTOR RIGHT-OF-WAY DEDICATION MODERA BIRD LEGAL DESCRIPTION A PORTION OF TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45, AT PAGE 67, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A; THENCE NORTH 87948'34" EAST, ALONG THE NORTH LINE OF SAID TRACT "A", A DISTANCE OF 12.00 FEET TO A POINT OF TANGENT CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90056'08", A DISTANCE OF 39.68 FEET; THENCE NORTH 03°07'34" WEST ALONG A LINE 12 FEET EAST OF THE WEST LINE OF SAID TRACT "A", A DISTANCE OF 21.55 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH A RADIAL LINE BEARS SOUTH 34°27'30"' EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 32.16'04", A DISTANCE OF 14.08 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA AND CONTAIN 123 SQUARE FEET, MORE OR LESS. NOTES: 1. THIS DRAWING IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGVAL. RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER. 2 ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT{S} UNLESS OTHERWISE INDICATED. 3. THERE MAYBE ADDITIONAL RESTRICTIONS NOT SHOWN HEREON THAT MAYBE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. SUCH INFORMATION SHOULD BE OBTAINED BY OTHERS THROUGH AN APPROPRIATE TITLE SEARCH. 4. RECORDING INFORMATION REFERS TO PUBLIC RECORDS OF MIAMI-DADE COUNTY UNLESS OTHERWISE INDICATED. 5. THIS IS NOTA SURVEY. IT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. ABBREVIATIONS: Aa ARC LENGTH P.O.B. - POINT OF BEGINNING B.C.R = 8ROWARD COUNTY RECORDS PA.C. - POINT OF COMMENCEMENT D " DELTA (CENTRAL ANGLE) R - RAOWS D.E. o DRAINAGE EASEMENT RNV . RIGHT-ORWAY P.B. a PLAT BOOK U.E. - UTILITY EASEMENT SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE CONTAINED IN CHAPTER 2014.147 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472027, FLORIDA STATUTES. Qaaalap DONNA C. WEST PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. L94290 0,"01;M119 NA H GROUP, INC, Engineers - Planners - Surveyors 1489 West Palmetto Park Rd., Suite 340 Boca Raton, Florida 33486 - 561.392.0221 CA26268 - L87924 Z%Survey Projects= 12%12094U Modere el 'jnals4nb iw dMicadon.d= PROJECT: MODERA BIRD 1 PROJECT NO.: 1208-43 1 DATE. 919113 SHEET I OF 2 cbUn+oy Prolaols17012112U&438 Modere 8f WW91120843skdwg, Model C I T Y O F M I A M I P L A N N I N G & Z O N I N G D E P A R T M E N T URBAN DEVELOPMENT RE VIEW BOARD (UDRB) R E s OLUTI ON FOR R E C O M M E N D A T I ON UD RB MEETING- 0 7/ 1 5/2015 Item No.6 A motion was made by NEIL HALL and seconded by ROBIN BOSCO for a Resolution recommending to the Director of the Department of Planning & Zoning APPROVAL. WITH CONDITIONS for the project MODERA STATION located at 3750 Bird Road with a vote of 6 to 1. 'V'ote ust: Yes No Recused Absent Robert Behar Cbairman ❑ ❑ ❑ % Dean Lewis ice Chair % ❑ ❑ ❑ Willy Berm ello ❑ ❑ ❑ g Robin Bosco X ❑ ❑ ❑ Neil Hall X ❑ ❑ ❑ Gerald C. Marston ❑ X ❑ ❑ Fidel Perez X ❑ ❑ ❑ Jesus Permuy % ❑ ❑ ❑ Anthony Tzamtzis % ❑ ❑ ❑ CONDITIONS: 1. Provide retail along SW 37 Court. 2. East and. North facades to respond to the zero lot line condition. 3. Initegrate drop off and pick up along Peacock Avenue. Francisco Garcia, Planning & Zoning Director 44k, 101r, J0, 6p S% IN Al if 04p* logo OF 900P Jor jo 4 AS 6; OAM I L L C R E E K RISIDENTIAL 10 sp A0 k4 it Modere gird Print #150826153 Date.- 08/26/15 LaULon- 25.734&98 -130.25547-S Order No. 53406 Aerial PhDiagraphy. Inc. 954-560-0484 40 i Print #150826152 I L L C R E E K modem gird [date: 08/25115 LaULons 25.,734598 -80.258435 .rte E S! b N T i ,h k Order No. 53406 Aerial Rvagraphy. IM -954-568-04M w4 OPP ho mop AO so wvp 460-1 dim. .** -do -0-OWAIM, hr boo GOP it Or It w 140, % It 14 IP IP 00 01 Print #150826151 Date: OW26.115 LaUl-an: 25.734598 -80.255475 Order No. 534016 Aerial Phwagraphy, Inc. 954-559-04a4 k alp a tj Me a 4 OF 11 a fif f 00 #to rgfjv 11'ri it M, 0 it• 0 0 I 11se me Mae Rae 10 f 1JIMP a 00440 0 1# JI ■ a 11,1111111110 sell it t00jif 010 000040 it a IN 41 M M j i rpt iw a Is I a job a 21moLf 00 01 Print #150826151 Date: OW26.115 LaUl-an: 25.734598 -80.255475 Order No. 534016 Aerial Phwagraphy, Inc. 954-559-04a4 Gonzalez, Darlene (Para-Mia-LDZ-RE) From: Rodriguez, Ivan M. <IRodrigu@dadeschools.net> Sent: Tuesday, June 16, 2015'10:55 AM To: Gonzalez, Darlene (Para-Mia-LDZ-RE) Cc: Concurrency Management; Villaamil, Vivian G.; 'Mark Johnson'; afiore@miamigov.com; epousada@miamigov.com; Levine, Michael Subject: FW: Corrected Email for Extension #1 of Concurrency Reservation for Treo Douglas Station, LLC - Miami Doughlas Station Attachments: Treo Douglas Station, LLC - Miami Douglas Station Ext. No. 1 (14.05) PT0114XXX749.pdf Darlene, In response to your inquiry, please be advised that there is no need to submit a new application for the new proposed plat that intents to merge the properties for both, Modera Bird Apartments (under construction) and Miami Douglas Station. Our comments follow: 1) Modera Bird Apartments (MA0113073000762) - 262 multifamily units - has already started construction, therefore the school concurrency reservation will remain with the application and does not require any extensions of time any longer. 2) MIAMI DOUGLAS STATION (MA0114031000749) Treo Douglas Station, LLC -181 multifamily units - has a current school concurrency certificate (see attached) which will expire in March 12, 2016. This certificate goes with the land and does not need to be tested for school concurrency again, unless the number and/or type of units is altered. Since you are in the process of changing ownership, all you need is to request a revision to the ownership ($85 fee) at the appropriate time, and you need to request an extension of school concurrency reservation 180 days prior to expiration. I hope this clarifies the information you had requested. Thanks! IMR Ivan M. Rodriguez, R.A., Director Planning, Design and Sustainability Miami -Dade County Public Schools 1450 NE 2 Avenue, Room 540-A Miami, Florida 33132 (305)995-4501 -----Original Message ----- From: Rodriguez, Ivan M. Sent: Wednesday, November 05, 2014 5:57 PM To: Concurrency Management; 'oboudet@treogroup.com; 'ines.marrero@hldaw.com' Cc: 'amencio@miamigov.com;'epousada@miamigov.com';'afiore@miamigov.com'; Rijo-sonde, Ana F.; Levine, Michael; Villaamil, Vivian G. Subject: RE: Corrected Email for Extension #1 of Concurrency Reservation for Treo Douglas Station, LLC - Miami Doughlas Station CORRECTED EMAIL - Corrected expiration date on email to read MARCH 12, 2016 Dear Applicant: We have processed your request to extend the school concurrency capacity reservation for the above -referenced application, under Master Concurrency Number MA0114031000749. The school capacity reservation for this Plat application will expire on MARCH 12, 2016. Concurrency reservation may be extended for additional one-year periods, provided 1) City of Miami confirms the application is still valid; 2) you request an extension at least 120 days prior to the expiration date, via email address concurrency@dadeschools.net, and 3) the total reservation period does not exceed six years from the original effective date of this certificate. Failure to request an extension at least 120 days prior to the expiration date will result in revocation of the reservation, and a new application must be submitted. Extensions will be granted, upon payment of the corresponding review fee and acknowledgement from the local government. The reservation period may not exceed the term of the development approval issued by the City of Miami. Should you have any questions, please feel free to contact me at 305-995-4501. Ivan M. Rodriguez, R.A., Director I Planning, Design and Sustainability Miami -Dade County Public Schools 1450 NE 2 Avenue, Room 540-A Miami, Florida 33132 (305) 995-4501 { Coilrcu�r�`ea;c. �Ntnnn amen.# 5 stent ClIfS, Miami Dade Coynty Public 5chool5. Miami -Dade County Public Schools Concurrency Management System School Concurrency Determination MDCPS Application Number: PT0114031000749 Local Government (LG): Miami Date Application Received: 3/10/2014 2:39:28 PM LG Application Number: 14.05 Type of Application: Plats Sub Type: Re -Plat Applicant's Name: Treo Douglas Station, LLC Address/Location: 2950 SW 27 Avenue, No.300, Miami, Florida 33133 Master Folio Number: 0141170031820 , Additional Folio Number(s): 0141170031750, 0141170031760, 0141170031770, 0141170031780, Name of Subdivision: MIAMI DOUGLAS STATION T -Plat number: 1830 PROPOSED # OF UNITS 181 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 181 CONCURRENCY SERVICE AREA SCHOOLSFacility Name Net Available Capacity a 1. -� I Source Typej 5561 40 9 9 YES Current CSA FRANCES S TUCKER ���� ELEMENTARY 6741 PONCE DE LEON MIDDLE 1D3 5 I,� YES Current CSA 7071 CORAL GABLES SENIOR -452 6 10 — NO Current CSA 7071 CORAL GABLES SENIOR 146 YES Current CSA Five I6 '6 AREA s• Year Plan *An Im act reduction of 21.130/o included for charter and magnet schools (Schools of Choice). MDCPS has conducted a public school concurrency review for this application and has determined that it DOES MEET (Concurrency Met) all applicable LOS Standards for a Final Development order as adopted in the local Government's Educational Element and incorporated in the Interlocal Agreement for Public School Facility Planning In Miami -Dade County. Master Concurrency MA0114031000749 Total Number of 181 Number: Units: — Extension Number: 1 Issue Date: :00:57 AM Ex iration Date: 3/12/2016 4:00:57 AM /Eleme Capacity Reserved: / Middl :5 / ani r: 6 ?k 5 nistrator MDCPS Authorized Signature 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools, net State of Florida Department of State I certify from the records of this office that MCREF BIRD ROAD DEVELOPMENT LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on August 12, 2013. The document number of this limited liability company is M13000005041. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 9, 2015, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighteenth day ofAugust, 2015 Secretary of State Tracking Number: CU5871994880 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https: Hservices.s un b iz. o rg/Filings/CertificateOfStatu s/CertificateAuth entication " Al �Y CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: HOME ADDRESS: CITY: HOME PHONE: EMAIL: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida ZIP: CELL PHONE: BOSSINESS or APPLICANT or ENTITY NAME FAX: MCREF Bird Road Development LLC BUSINESS ADDRESS: 2255 Glades Road, Suite 423A (Address Line 1) Boca Raton, FL 33431 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of Special Appearance for property at approximately 3760 Bird Road, Miami, FL for Vacation and Closure application 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES 1—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. 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: igna ure Print Name Sworn to and subscribed before me this _day of OJ utie_ 200K- . The foregoing instrument was acknowledged before me by We PC Me rdn who has produced as identification and/or is personally known to me an 04-ol" ANDREA L. ROMERO MY COMMISSION#EE1238170STATE OF FLORIDA EXPIRES: AUG 21, 2015 CITY OF MIAMI , Bonded through 1st State Insurance MY COMMISSION Notary EXPIRES: !� me y Print Name Enclosure(s) Doc. No.:86543 Page 2 CFN: 20150401646 BOOK 29667 PAGE 4064 DATE:06/23/2015 02:11:10 PM DEED DOC 60,600.00 SURTAX 45,450.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This instrument prepared by and when recorded return to: Steven J. Vainder, Esq. White & Case LLP 200 South Biscayne Blvd., Suite 4900 Miami, Florida 33131 Tax Folio Number: a portion of 01-4117-003-1750, 01-4117-003-1760, 01-4117-003-1770, 01-4117-003-1780, and 01-4117-003-1820 Space above this line for recorder's use SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this ZZO day of June, 2015, by TREO DOUGLAS STATION, LLC, a Florida limited liability company ("Grantor"), whose mailing address is 2950 Southwest 271h Avenue, Suite 300, Miami, FL 33133, in favor of MCREF BIRD ROAD DEVELOPMENT PHASE II LLC, a Delaware limited liability company ("Grantee"), whose mailing address is 2255 Glades Road, Suite 423A, Boca Raton, Florida 33431, Attn: Mr. Jeff Meran. WITNESSETH: Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, and Grantee's successors and assigns, forever, the real property described in Exhibit "A" attached hereto (the "Prope "), lying and being in the County of Miami -Dade, State of Florida. SUBJECT, HOWEVER, ONLY TO THE FOLLOWING: Taxes and assessments for the year 2015 and thereafter, not yet due and payable; 2. Zoning and other regulatory laws and ordinances, prohibitions and other requirements imposed by governmental authority; and 3. Those certain restrictions, reservations, covenants, conditions, limitations and easements shown in Exhibit `B" attached hereto, without reimposition of the same. TOGETHER WITH all the tenements, easements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the above described Property, with the appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. AND Grantor hereby covenants with said Grantee that it is lawfully seized of the Property hereby conveyed in fee simple; that it has good right and lawfid authority to sell and convey said Property; that it hereby specially warrants the title to said Property and will defend the same against the lawful claims of any persons claiming by, through or under the said Grantor, but none others. CFN: 20150401646 BOOK 29667 PAGE 4065 IN WITNESS WHEREOF, Grantor has caused these presents to be executed by the undersigned, on the day first above written. STATE OF FLORIDA ) )ss: COUNTY OF MIAMI DADE ) GRANTOR: TREO DOUGLAS STATION, LLC;>,F4jida limited liability company_ an J.Xud(f-102i, u rized Representative The foregoing instrument was acknowledged before me this / 1 day of June, 2015, by Otto J. Boudet- Murias as Authorized Representative of TREO DOUGLAS STATION, LLC, a Florida limited liability company, who is personally known to me or has produced a driver's identification. Not ic, State of Flori My Commission expires: Printed Name of Notary Public ••SAY PU�'�. ,•=g. ��.; LESLIE FERNMDEZ MY COMMISSION 4 FF 014977 =; p EXPIRES; July 4, 2017 '�.;,or F�°r•• Bonded Thru Notary Public Undomfliera Americas 90602796 v4 (2K) 2 CFN: 20150401646 BOOK 29667 PAGE 4066 Exhibit "A" Tract A, of MIAMI DOUGLAS STATION, according to the map or plat thereof as recorded in Plat Book 170, Page(s) 87, of the Public Records of Miami -Dade County, Florida. Being formerly described as: Lots 6, 7 and 8, Block 9, less the North 20.00 feet for street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9, less the North 20.00 feet for street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Less the South 10 feet of Lots 23 and 24; Less the West 10 feet of Lots 12, 16, 17, 20, 21 and 24, and Less the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Together with that certain Alley, to be vacated, lying south of Lots 6 through 11 and lying north of Lot 12, in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. I,PlX, Less and except therefrom those right -of -dedications, as required by the City of Miami and according to the Plat of Miami Douglas Station, as recorded in Plat Book 170, at Page 87, of the Public Records of Miami - Dade County, Florida. CFN: 20150401646 BOOK 29667 PAGE 4067 EXHIBIT "B" PERMITTED EXCEPTIONS 1. Taxes and assessments for the year 2015 and subsequent years, which are not yet due and payable. 2. All matters either shown or recited on the plat of Miami Douglas Station, as recorded in Plat Book 170, at Page 87, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 3. Terms and provisions of that certain Covenant to Run with the Land recorded June 9, 1983, in Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida. 4. Agreement for Water and Sanitary Sewage Facilities, recorded September 7, 1995, in Official Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida. 5. Terms and provisions of that certain Unity of Title recorded February 13, 1996, in Official Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida. 6. Agreement for Water and Sanitary Sewer Facilities Between Miami -Dade County and TREO Douglas Station, LLC, recorded July 18, 2014, in Official Records Book 29234, Page 1220, of the Public Records of Miami -Dade County, Florida. Terms, covenants and provisions of that certain Covenant Running With the Land recorded July 18, 2014, in Official Records Book 29234, Page 1246, of the Public Records of Miami -Dade County, Florida. Terms and Provisions of that certain Agreement for Construction of Improvements ("Agreement") Pursuant to Provisions of Chapter 54, Section 54-46, and Chapter 55 of the Code of the City of Miami, Florida, recorded February 6, 2015, in Official Records Book 29492, Page 2110, of the Public Records of Miami -Dade County, Florida. Americas 90602796 v4 (2K) THIS DOCUMENT PREPARED BY: RECORD & RETURN TO: Peter D. Lopez, Esq. Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, FL 33130 Parcel I.D. No.: 014120-001-0010 I Illlif IIIII IIIiI 11111 hili Illif ifllf 1111 Ilil CFM 2013ROB20644 OR Bk 28868 Pss 1479 - 1483; (5a9s) RECORDED 10/16/2013 09:53:42 DEED DOC TAX 96►000.00 SURTAX 72x000.00 HARVEY RUVINY CLERK OF COURT MIAMI-DADE COUNTY► FLORIDA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this 10 day of October, 2013, between CRISTAL ASSOCIATES, LLC, a Florida limited liability company (the "Grantor'), whose mailing address is 7800 Congress Avenue, Suite 206, Boca Raton, FL 33487 and MCREF Bird Road Development LLC, a Delaware limited liability company (the "Grantee"), whose mailing address is 2255 Glades Road, Suite 423A, Boca Raton, FL 33431. WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, its successors and assigns, the real property (the "Property") located in Miami -Dade County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. -SUBJECT TO: Taxes and assessments for the year 2013 and subsequent years; and Those matters set forth in Exhibit "B" attached hereto and made apart hereof, which are not reimposed hereby. TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. Book28868/Page1479 CFN#20130820644 Page 1 of 5 AND GRANTOR hereby covenants with Grantee that at the time of the delivery of this Deed, the Property is free from al encumbrances except as set forth above, Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed by its duly authorized representative on the day and year first above written. Print Name:,B0 el S W d f nLK /Or V �2 C/o C t Name C- ACKNO STATE OF FLORIDA SS: COUNTY OF PALM BEACH CRISTAL ASSOCIATES, LLC, a Florida limited liability company By: anon Alcalay, taging Member WLEDGMENT The foregoing instrument was acknowledged before me this IaNay of October, 2013, by Aharon Alcalay, Managing Member of Cristal Associates, LLC, a Florida limited liability company, on behalf of the company. He is personally known tome or _.X. has presented 'Q__1-21_ A A14221101LJA 3 21%0 as identification. C1 �_ Signature of Acknowledger Title: Notary Public, State of Florida at large Print Name: !?�ao V_5 Commission No. JX 0 3 4 6) '7 9 My Commission expires: [NOTARY SEAL] 2 1 - - - — - - - - - dhml* Kamm" NMj Fdit • 9W d FAft 0 FF*4M Book28868/Page1480 CFN#20130820644 Page 2 of 5 EXHIBIT "A" LEGAL DESCREMON OF THE PROPERTY Lot 18, LESS the East 10.00 feet, Lot 21,and Lot 24, LESS the South 10.00 feet, all in Block 10, of REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. UU111 TRACT A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATIONS PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 45, Page 67, of the Public Records of Miami -Dade County, Florida, LESS the East 5.00 feet, LESS the South 5.00 feet, LESS the external area formed by a 25 foot radius are concave to Northwest and tangent to the West line of the East 5.00 feet and said Tract A and tangent to the North line of the South 5.00 feet of said Tract A LESS the external area formed by a 25 foot radius arc concave to the Southwest, tangent to the West line of the East 5.00 feet of said Tract A and tangent to North line of said Tract A and LESS the following described parcel: Commence at the Point of intersection of the Northerly prolongation of the West lime of said Tract A and the Westerly prolongation of the North line of said Tract A; thence South 3'07'34" East along the North prolongation for 25.42 feet to the POINT OF BEGINNING of the herein described parcel; thence continue S3°07'34" East along the West line of said Tract A for 196.91 feet thence North 87°45'24" East for 5.00 feet thence South 3°07'34" East for 30.65 feet to a point of curvature of a curve concave to the Northeast, having a radius of 25.00 feet; thence Southeasterly for 38.88 feet along the arc of said curve through a central angle of 89°07'02" to a point of cusp; thence N38°1751" West for 30.58 feet; thence North 3°07'34" West for 249.00 feet to a point of cusp with a curve concave to the Southeast having a radius of 25.00 feet; thence Southerly for 25.60 feet through a central angle of 58°40'04" to the Point of Beginning. LESS AND EXCEPT those lands contained in Deed contained in Deed Book 3101, Page 577, being more particularly described as follows: A portion of Tract A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 45, Page 67, and a portion of Lots 21 and 24, Block 10, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, Page 85, said Plats being recorded in the Public Records of Miami -Dade County, Florida, being more particularly described as follows: -3- Book28868/Page1481 CFN#20130820644 Page 3 of 5 Commence at the Point of Intersection of the Northerly Prolongation of the West he of said Tract A and the Westerly Prolongation of the North line of said Tract A, thence South 03°07'34" East along said Northerly Prolongation fnr 222.33 feet to the Point of Beginning of the herein described parcel;- thence arcel;thence North 87°45'24" East for 5.00 feet; thence South 03°07'34" West for 30.65 feet to a point -of curvature of a curve concave to the Northeast having a radius of 25.00 feet; thence Southeasterly for 38.88 feet along the Arc of said curve through a central angle of 89°07'02" to a point of cusp; thence South 87°44'10" West along a line ten (10) feet North of and parallel with the South line of said Lot 24 for 34.63 feet to a point on the West line of said Lot 24; thence North 03°07'34" West along said West be of Lot 24 and the West line of said Lot 21 for 41.25 feet to the Northwest corner of said Lot 21; thence North 87°44'51" East along the North line of said Lot 21 for 5.00 feet to a point on said West line of Tract A; thence North 03°07'34" West along said West line of Tract A for 14.05 feet to the Point of Beginning SAID PARCEL OF LAND ALSO BEING KNOWN AS: That portion of Lots 18,21 and 24, Block 10 of REALTY SECURITIES CORPORATIONS PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, at Page 85 and a portion of Tract A, REPLAT OF A PORTION OF BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 45, at Page 67, both plats of the Public Records of Miami -Dade County, Florida. All being more particularly described as follows: Begin at the most Northerly Northwest corner of said Tract A; thence North 87°48'34" East along the North line of said Tract A also being the South Right -of -Way line of Bird Road for 237.94 feet to a point of curvature; the following four (4) courses being along the Westerly Right -of -Way line of S.W. 37th Court and Northerly Right -of -Way line of Peacock Avenue as recorded in Deed Book 3101 at Page 577 of said Public Records of Miami -Dade County, Florida; (1) thence run Southeasterly along a 25.00 foot radius curve leading to the right through a central angle of 89°01'27" for an arc distance of 38.84 feet to a point of tangency; (2) thence South 03°09'59" East for 227.29 feet to a point of curvature; (3) thence Southwesterly along a 25.00 foot radius leading to the right through a central, angle of 90°54'09" for an arc distance of 39.66 feet to a point of tangency; (4) thence South 87'44'10" West for 233.09 feet; the following two (2) courses being along the Easterly Right -of -Way line of S.W. 38th Avenue as recorded in Official Records Book 11083 at Page 1566 of said Public Records of Miami -Dade County, Florida, (1) thence North 38'l 840" West for 30.59 feet; (2) thence North 03°07'34" West along said Right- of -Way line being 12.00 feet East of the Westerly line of said Tract A for 249.02 feet to a point on a circular curve concave to the Southeast and whose radius point bears South 34027'30" East; thence Northeasterly along the Southerly Right -of -Way line of Bird Road being along a 25.00 foot radius curve leading to the right through a central angle of 32°16'04". for 14.08 feet to the Point of Beginning. All lying and being in the City of Miami, Miami -Dade County, Florida. -4- Book28868/Page1482 CFN#20130820644 Page 4 of 5 OR 81C 28868 PG 1483 LAST PASSE EXHIBIT `B" PERMITTED EXCEPTIONS 1. Agreement for Water and Sanitary Sewage Facilities recorded June 25, 2013 in Official Records Book 28696, Page 86. 2. The following state of facts as disclosed by survey prepared by Fortin, Leavy, Skiles, Inc., dated September 17, 2012, last revised August 12, 2013, under Job No. 120968: a) Concrete wall encroaches beyond the west boundary line. 3. Application and Acceptance of Conditional Building Permit and Estoppel Notice recorded September 19, 2013 in Official Records Book 28829, Page 2275. NOTE: All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida. #3097985 v4 40547-0004 -5- Book28868/Page1483 CFN#20130820644 Page 5 of 5 MIAMI DOUGLAS STATION AMENDED A MPLAT W ]RICE a; YM, NGAAS STAIN -1W IIRICF a' A AE Ar a OL a CIL 1a ISALIY 6[LU3TlS Gg9CNI— NAr W NAYAR LROIE I5/67" IM 14 al AW a4 X— 10 flftN Sa'YMES CCPoOgL,YI PGi W LYkY. AMIT 6%GIE 1/45 SfCRx 1x-56-11& LJR W MILS F A PORIWM OF SECnON M IONM'MP 5I SOUK RAWE 41 FAST enu r. r•�JLp• stownn MOWN A PORIWN W SLLiroN 10, mW16MP 5I SOIN eAM]E 41 EAS/ 51:1lE: 1'-20' 116 a ro C}FIEY RMT R6 YIP OR RAT AY M ! 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