Backup Documents

7/31/2019 Backup Documents

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VIA HAND DELIVERYMr. Anel RodriguezAdministratorOffice of Hearing BoardsCity of Miami444 SW 2nd Avenue, 7th FloorMiami, FL 331

April 23, 2012

Joel E. MaxwellAkerman Senterfitt

One Southeast Third AvenueSuite 2500Miami, FL 33131-1714Tel: 305.374.5600Fax: 305.374.5095

Re: Letter of Intent & Analysis - Request for Vacation & Closure of a platted alley;3601,3651,3681 & 3701 N. Miami Ave.; 17 & 25 NE 36th St.; and 3630, 3620, &3610 NE Miami Court, Miami, FL

Dear Mr. Rodriguez:Our firm represents Fifteen Midtown Properties, LLC (hereinafter, the "Applicant") in

the above-referenced matter. .Our client respectfully requests the City of Miami's ("City")approval of the vacation and closure of the 10' wide platted unpaved alley which bisects theabove-referenced properties, pursuant to Sec. 55-15 of the Miami Code of Ordinances ("CityCode").

The subject properties are located at the northeast comer of the intersection of N. MiamiAvenue and NE 36th Street (the "Property"). The site is bounded by 1-195 to the north, NE 36 thStreet to the south, N. Miami Court to the east and N. Miami Avenue to the west. Currently,the site consists of a vacant unimproved lot with an outdoor advertising sign located on thenorthwest corner of the assemblage immediately across from the off-ramp of the N. MiamiAvenue exit of 1-195.

m a ~ ~ o m - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BOCA RATON DALLAS DENVER FORT LAUDERDALE JACKSONVILLE LAS VEGAS LOS ANGELES MADISON MIAMI NAPLESNEW YORK ORLANDO PALM BEACH SALT LAKE CITY TALLAHASSEE TAMPA TYSONS CORNER WASHINGTON, D.C.WEST PALM BEACH{241l0408;1}

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Mr. Anel RodriguezApril 23, 2012Page 2

In 2006, a prior owner of the Property applied for and received approval from thePlanning & Zoning Board (Resolution No. ZB-2005-1064) and City Commission for the vacationand abandonment of the same 10' platted alley (approved by Resolution R-06-0134). Theproposal to vacate and close the 10' alley is the same as proposed and approved in 2006.

On April 5, 2012, the Miami Plat & Street Committee reviewed and approved thetentative plat for the Property. A copy of the signed Plat & Street letter is enclosed as part of theapplication.

In connection with the prior abandonment of the platted alley, the Property was alsoproposed to be replatted. As part of the final plat process, the utility companies providedletters regarding their facilities located on the Property and/or in the platted alley. OnlyBellSouth and Florida Power & Light have existing facilities in the alley. BellSouth previouslyissued a "no objection" letter to the abandonment of the alley pursuant to their facilities beingrelocated. FPL was granted an easement in 2009 for their existing facilities. This easement, asnoted in the Plat & Street approval letter, will have to be abandoned and FPL's facilities willhave to be relocated.

The alley, as previously stated, is not paved and does not currently provide vehicular,pedestrian or emergency access. The Property is served by the following roads: Miami A venueto the west, 36th Street to the south and NE Miami Court to the east. Therefore there is no needfor the alley.

For the foregoing reasons, we would respectfully request the City's favorableconsideration and of the requested abandonment and closure application.

Sincerely,

cc: Justin Toal, Fifteen GroupMatt VanderWerff, Fifteen Group

{2411 0408; I}


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VACATION AND CLOSURE APPLICATIONPLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION

444 SW 20d Avenue, 7 : : : i : ~ : O : ' ~ : ~ ; ~ ~ : ~ ~ ~ 3 ~ o a : ~ e P h o n e 3 0 5 ; i ~ ~ fWelcome to the City of Miami! This application is intended to serve as a guide in assisting youwith 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 workingdays 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 andaccurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at thetime of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of theinformation contained in the application and all supporting materials. Should you wish, youcould 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 anypresentation before city boards, committees and the city commission. A valid power of attorneywill be required if neither applicant or legal counsel representing the applicant execute theapplication or desire to make a presentation before city boards, committees and the citycommission. All documents, reports, studies, exhibits (8%x11") or other materials submittedduring 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 thediscretion of the aforementioned Board and Commission.ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODESTATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OREXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYISTWITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITYSTAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAIDORDINANCE 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 actionfrom the City Commission or any of its boards, authorities, agencies, councils or committeesregarding any issue, shall disclose at the commencement (or continuance) of the publichearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for anagreement to support or withhold objection to the requested approval, relief or action. TheDisclosure of Consideration Provided or Committed for Agreement to Support or WithholdObjection Affidavit included in this package must be submitted with the application. Theapplicant must, at the commencement of any public hearing on the issue, if there is anydisclosure to report, read the disclosure into the record. Also, the applicant must supplementthe 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 throughthe "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.

Rev. 03-2012


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VACATION AND CLOSURE APPLICATION,.Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information.

1. Applicant(s): Fifteen Midtown Properties, LLC2. Description of area: a 10' wide alley, lying generally between N Miami Ave & NE Miami Ct3 . Copies of the Tentative Plat: One (1) 24x36" and one (1) 8%x11" prepared by a State of Floridaregistered land surveyor.4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8%x11" preparedby a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and

t h ~ 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 thanthree (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 yearshowing 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.1O. 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 Corporationauthorizing 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? ___ ~ 0 . ~ 9 ~ 6 . . . ! : a : . : : c : ! . . : r e ~ s : : . . . . c ( \ . . . ! 4 - = 2 C l . ! , O : : . . . . ! 1 . . . : : : 6 : . . . . ! s ~ q ~ . f t ~ .L)___17. What is the purpose of this application/nature of proposed use? abandonment of platted alley I residential,commercial, office, lodging

Rev. 03-2012 2


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VACATION AND CLOSURE APPLICATION18. Is the property within the boundaries of a historic site, historic district or archeological zone?Please contact the Planning and Zoning Department on the 3 rd Floor for information. no

19. Is the property within the boundaries of an Environmental Preservation District? Please contact thePlanning and Zoning Department on the3 rd Floor for information. ___ . ! . ! n ~ o ______

20. What would be the anticipated duration of the presentation in front of the:o Planning, Zoning and Appeals Board 10 minutes and/or 0 City Commission 10 minutes21. 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-wayMinimumMaximum (Re-submittals)b. Advertisingc. Mail notice fee per noticed. Meeting package mailing fee per package

$ 2.00$ 3,000.00$ 4,000.00$ 1,500.00$ 4.50$ 6.00

*Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order.

Address 1 SE 3rd Avenue, 25 th FloorName Miami, FL 33131Telephone__ --=..;30=5=--9::....:8=2=---5::....:6=--4:...=8__ E-mail [email protected] OF FLORIDA -- COUNTY OF MIAMI-DADE ru 1

Tl;1-E( foregoing w a ~ R ' { V l e d r d before me C1 l ay of _*_...:-l......;\_____2 0 ~ , by ~ ~ 1 \V tx\XAJ?who is a(n) individual/partner/agentlcorporation of - = = = = _ ~ = - ____ a(n)individual/partnership/corporation. Cfie)She is erson known to or who has produced _________ as identification and who did (did not) take(Stamp)

DIANA PEREZ-GATANOTARY PUBLICSTATE OF FLORIDA ,; Comm# EE101480

E-\ -Explres-6/81201S:------------------------

Rev. 03-2012 3


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VACATION AND CLOSURE APPLICATIONAFFIDAVIT OF AUTHORITY TO ACT

Before me this day, the undersigned personally appeared Joel Maxwell_____________ 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 hearingapplication as required by the Code of the City of Miami, Florida, affecting the real property locatedin 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 forhim/her to act in his/her behalf for the change or modification of a classification or regulation ofzoning as set out in the foregoing petition, lliJ including or 0 not including responses to day to daystaff 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 isthe owner or legal representative,4, That the facts, as represented in the application and documents submitted in conjunction with thisaffidavit, are true and correct

Further Affiant sayeth no t

Joel MaxwellApplicant(s) Name

.STATE OF FLORIDA -- COUNTY OF MIAMI-DADE (l"r.~ e ~ r e g O i n g a qknowl ged before ITI" th i sa ay of _1---.,;M__\______

20 \ ' by )\ we l \who is a( n) ind vi ua /partner/agentl~ p o r a , : : t ~ i o : : . : n ~ o f : . . . , , ; ; : = ; ; ; = . = - - - = = ; = ..........;--------;_;---i n d i v i d u a l / p a r t n e r s h i p / c o r p o r a t i o n ~ / S h e s persQas identification and who d i , . N , , ~ ' . - I - o I i ~ ~ ; ; : : t ~ ~ h " " : : ' - - - - - - -(Stamp)

DIANA PEREZ-GATA

NOTARY PUBLICSTATE OF FLORIDA__Comm#_EE101480=--__________ Expires 6/812015

Rev, 03-2012 4


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Prepared by and return to:Neisen O. Kasdin, Esq.Akerman SenterfittOne Southeast Third Avenue, Suite 2500Miami, Florida 33131

POWER OF ATTORNEYKNOW ALL MEN BY THESE PRESENTS, that FIFTEEN MIDTOWN PROPERTIES,

LLC, have made, constituted and appointed, and by these presents do make, constitute and appointNEISEN O. KASDIN, JAVIER E. FERNANDEZ and JOEL E. MAXWELL true and lawful attorneyfor them and in their stead to execute all documents and instruments required with respect to theirapplication for vacation and closure of a platted alley submitted to the City of Miami for property located at3601,3630,3651 & 3701 N. Miami Avenue and 17,25 & 45 NE 36 th Street, Miami, FL 33137, giving andgranting unto NEISEN O. KASDIN, JAVIER E. FERNANDEZ and JOEL E. MAXWELL, their saidattorney full power and authority to do and perform all and every act and thing whatsoever requisite andnecessary to be done with respect to the application as fully, to all intents and purposes, as he might or coulddo if personally present, with full power of substitution and revocation, hereby ratifying and confinning allthat said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.

A !N WITNESS WHEREOF, I have hereunto set my/our hand(s) anden ,2012. 's 19- day of .Signed and delivered in the presence of:

t\ar't.. C;aVderS. I ~ ' r f > i d e n - r Owner Name

Witness Signature

Witness Name

STATE OF 'Ei., o()"'ilO,.?}COUNTY OF JI}A/ItvVtt' - ' j ) r t o ~

)) SS:)

Owner Signature

Owner Name

The foregoing instrument was acknowledged before me this I day of _ ~ ~ - - - - L __(y/!lfU(. S/tAl/)f::.715 who is eersonally known to me or whoas identificatIOn.

~ ~ ~ ~ ~ EXPIRES July 25, 2015 Print Name: c) tV ( IMfI1ttm(!"'-( 4 0 7 i ' 3 9 8 ~ ~ J 1 ~ . . 3 __ My commission expires: 0 'T- 25- IS

{24103194;1 }


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VACATION AND CLOSURE APPLICATIONDISCLOSURE OF OWNERSHIP

1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Coderequires disclosure of all parties having a financial interest, either direct or indirect, with respect to apresentation, request or petition. Accordingly, disclosure of shareholders of corporations,. beneficiaries of trusts, and/or any other interested parties, together with their address(es) andproportionate interest are required. Please supply additional lists, i f necessary.Ovvner'sName(es) Fifteen Midtown Properties, LLCPercentage of Ownership _ - = s = e = e - = a = t t : . = . a . : : : . . : c h . . ! . : e ~ d : . . . . . : e : : : ! . x ! ! - , h = i b = i t , - - - ______________Subject Property Address(es) 3601, 3681, 3651, & 3701 N. Miami Ave; 17 & 25 NE 36Street; 3630, 3620, & 3610 NE Miami Ct

2. List all street address(es) and legal description(s) of any property located within 500 feet of thesubject property owned by any and all parties listed in question #1 above. Please supply additionallists, if necessary.Street Address(es): Legal Description(s):

see attached exhibit see attached exhibit

Joel MaxwellOwner(s) or Attorney Name

STATE OF FLORIDA -- COUNTY OF MIAMI-DADE\ ~ f O r e g O i n g w ~ a s k ~ o w l ~ e d J l . e , t o r e me this d-'\ day Of. _._W_ 'f_\;_\_ _ _ _ _ _20 ,by _A ( Y ~ ~ ~ \

who's (n) individua partner/agentl9l(poration of a(n)individual/partnership/corporation. ~ / S h e is ~ s o n a l l y known to or who has produced ________ as identification and who did (did not) a(Stamp)

Rev. 03-2012

. t ; } l A N A - " ~ U 4 A ' I ' A NOT"'''V PUBI.ICiiiI STATE OF FLORIDA

Comm# EE101480Expires 6/8120155


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Exhibit to Disclosure of Ownership1. List of owners and percentage of ownershipOwner:50%50%

Fifteen Midtown Properties, LLCMark SandersIan Sanders

2. List of street addresses and legal descriptIons of aoy property located within 500 feet ofthe subject property owned by any and all parties listed aboveStreet Address47 NE 36th Street - owned by Fifteen Midtown Properties, LLCLegal DescriptionLots land 2, Block 4 of "CENTRAL ADDITION TO BUENA VISTA", according to the Pial thereof, osrecorded in Plot Book .3 0\ Poge 191, of the Public Records of Miami-Dade County, Florida, LESS ANDEXCEPTING, therefrorn the South 15.00 feet {hereof dedicated to the City of Miomi for roodway purpose.


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OPINION OF TITLE

TO: The City of Miami, a municipal corporationWith the understanding that this Opinion of Title is furnished to The City of Miami, Florida incompliance with Section 55-8 of the City of Miami Code and as an inducement for acceptance. of aproposed final subdivision plat covering the real property hereinafter described. It is hereby certified that

we have examined: (i) Fidelity National Title Insurance Company Policy No. 2710609-82231435 datedNovember 29,2010, covering the period of time from the beginning to November 29,2010 at 3:30 p.m.,as to Parcels I, II and II; (ii) Chicago Title Insurance Company Commitment No.3 886077 dated April 13,2012, covering the period of time from the beginning to April 13, 2012 at 11 :40 p.m., as to Parcel IV; and(iii) Attorneys' Title Insurance Fund, Inc. ATIDS computer printout covering the period from November1, 2010, through April 16, 2012, at 11 :00 p.m., as to Parcels I, II and III, inclusive, of the followingdescribed real property.

SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.Basing our opinion on said policy and certified record search covering said period, we are of the opinionthat on the last mentioned date the fee simple title to the above-described property was vested in:

FIFTEEN MIDTOWN PROPERTIES, LLC, a Florida limited liability company,as to Parcel I, II and IIICITY OF MIAMI, a Florida municipal corporation, as to Parcel IVNOTE: There are no reversionary interests affecting the right of way described in ParcelIV.

Subject to the following encumbrances, liens and other exceptions:1. MORTGAGES:

Mortgage and Security Agreement in favor of Great Florida Bank, a Florida banking corporation,recorded in Official Records Book 22852, Page 550, as modified by Modification of Mortgage,Note of Future Advances and Spreader Agreement recorded in Official Records Book 23168,Page 1715; further modified by Modification of Mortgage and Extension Agreement recorded inOfficial Records Book 25397, Page 1530; as further modified by Third Modification of Note andMortgage and Extension Agreement recorded in Official Records Book 26790, Page 1218; asfurther modified by Fourth Modification of Note and Mortgage Agreement recorded in OfficialRecords Book 26819, Page 1928; as further modified by Mortgage Modification Agreementrecorded in Official Records Book 27502, Page 3180; together with the following collateralinstruments: (i) Collateral Assignment of Rents, Profits and Income recorded in Official RecordsBook 22852, Page 576, as amended or modified; and (ii) UCC-l Financing Statement recorded inOfficial Records Book 22852, Page 582, as amended or modified, all of the Public Records ofMiami-Dade County, Florida.

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2. GENERAL EXCEPTIONS:(a) All taxes for the year 2012 and subsequent years.(b) Rights of persons other than the above owner.(c) Facts that would be disclosed upon accurate survey.(d) Any unrecorded labor, mechanics' or materialmen's liens.(e) Zoning and other restrictions imposed by governmental authority.

3. SPECIAL EXCEPTIONS:SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.

Therefore, it is our opinion that the following party(ies) must join in the platting of the abovedescribed real property in order to grant CITY OF MIAMI, FLORIDA, and the public, a good and propertitle to the dedicated areas shown on the final plat of the above described property, the subdivision thereofto be knows as FIFTEEN MIDTOWN SUBDIVISION.

FIFTEEN MIDTOWN PROPERTIES LLC,a Florida limited liability company, asto Parcels I, II and IIIGreat Florida Bank, a Florida bankingcorporationCity ofMiami, a Florida municipalcorporation, as to Parcel IV

{24168583;1 }

InterestFee Simple

Mortgagee

Fee Simple

Special Exception NumberN/A

See Item 1 Above

N/A


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I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in theState of Florida and a member in good standing of the Florida Bar.Respectfully submitted this 30th day ofApril, 2012.

STATE OF FLORIDA )COUNTY OF MIAMI-DADE )

Very truly yours,AKERMAN SENTERFITTOne SE Third Avenue, 28th FloorMiami, Florida 33131(305) 374-5600

By :1 :Janice L. Russell, Esq.Florida Bar No.: 240184

The foregoing instrument was acknowledged before me this 30th day of April, 2012, byJanice L. Russell, Esq., who is personally known to me.

Notary Pu lie, State of FloridaMy Name, Commission No. & Expiration:

" , " ~ . . . . . MATIHEW B. ANDERSONa ~ ~ r . ~ ~ ~ MY COMMISSION #00821199- I 1J EXPIRES: SEP 09, 2012

Bonded through 1 t state Insurance

{24168583; I}


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EXHIBIT APARCELl:Lots 1,2,3 and 4, Block 1 and Lots 1,2, 13 and 14, Block 2, of CENTRAL ADDITION TO BUENAVISTA, according to the Plat thereof, as recorded in Plat Book 3, at Page 191, of the Public Records ofMiami-Dade County, Florida, less and except the following described property:The West 15 feet of said Lots 1& 2, Block 2; also less and except the following:Beginning at the Northwest corner of Lot 1, Block 1, of CENTRAL ADDITION TO BUENA VISTA;thence run South along to West line of said Lot 1 for a distance of 100 feet to the Southwest corner of saidLot 1; thence run East along the South line of Lots 1, 2 and 3 of said Block 1 for a distance of 78 feet tothe Southeast corner of said Lot 3; thence run North along the East line of said Lot 3 for a distance of 15feet to a point; thence run West along a line 15 feet North of and parallel with the South line of said Lot 3and 2 for a distance of 43.03 feet to a point of curve; thence run along the arc of tangential curve to theright having a radius of 20 feet through a central angle of 89 degrees 54 minutes 30 seconds for an arcdistance of 31.38 feet to a point of tangency on a line 15 feet East of and parallel with the West line ofsaid Lot 1; thence run North along a line 15 feet East of and parallel with the West line of said Lot 1 for adistance of 65.03 feet to a point on the North line of said Lot 1; thence run West along the North line ofsaid Lot 1 for a distance of 15 feet to the Point of Beginning and less the South 15 feet of Lot 4, Block 1.PARCEL II:Lots 3, 4 and 12, Block 2, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof,as recorded in Plat Book 3, at Page 191, of the Public Records of Miami-Dade County, Florida, less andexcept the following described property:The West 15 feet of said Lots 3 and 4, also less and except that part of Lots 3 and 4, Block 2, CENTRALADDITION TO BUENA VISTA, being more particularly described as follows:Begin at the Northeast corner of said Lot 4; thence Southerly along the Easterly line of said Lots 3 and 4,a distance of 57.67 feet; thence North 82 degrees 00 minutes 33 seconds West, a di$tance of 87.46 feet toa point on the Westerly line of said Lot 4; thence Northerly along said Westerly line, a distance of 44.77feet to the Northwest corner of said Lot 4; thence Easterly along the Northerly line of said Lot 4, adistance of 86.72 feet to the Point of Beginning.

Also less and except that part of the said Lot 12, Block 2, CENTRAL ADDITION TO BUENA VISTA,being more particularly described as follows: Begin at the Northeast corner of said Lot 12; thenceSoutherly along the Easterly line of said Lot 12, a distance of 21.93 feet; thence North 82 degrees 00minutes 33 seconds West, a distance of 102.60 feet to a point on the Westerly line of said Lot 12, thenceNortherly along said Westerly line; a distance of 9.67 feet to the Northwest corner of said Lot 12, thenceEasterly along the Northerly line of Lot 12, a distance of 101.70 feet to the Point of Beginning.AndLots 5 and 6, Block 1, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, asrecorded in Plat Book 3, at Page 191, of the Public Records of Miami-Dade County, Florida, less theSouth 15 feet for road right-of-way.

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PARCEL III:Lots 7 and 8, Block 1, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, asrecorded in Plat Book 3, at Page 191, of the Public Records of Miami-Dade County, Florida, less theSouth 15 feet for road right-of-way.AndLots 1 and 2, Block 4, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, asrecorded in Plat Book 3, at Page 191, of the Public Records of Miami-Dade County, Florida, less theSouth 15 feet for road right-of-way.

PARCEL IV:A 10.00 foot alley vacation bounded on the North by the South line of Block 2, CENTRAL ADDITIONTO BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 3, at Page 191; bounded onthe West by the Southerly extension of the East line of the West 15.00 feet of said Block 2, bounded onthe East by the Southerly extension of the East line of said Block 2, bounded on the South by the Northline ofBlock 1 of said CENTRAL ADDITION TO BUENA VISTA, all of the Public Records of MiamiDade County, Florida, being more particularly described as follows:Begin at the Southeast comer of said Block 2; thence SOoo02'50"E along the Southerly extension of theEast line of said Block 2 for 10.00 feet; thence N8954'40"W along the North line of said Block 1 for188.61 feet; thence NOooOO'OO"E along the Southerly extension of the East line of the West 15.00 feet ofsaid Block 2 for 10.00 feet; thence S8954'40"E along the South line of said block 2 for 188.60 feet to thePoint ofBeginning.

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EXHIBITBSPECIAL EXCEPTIONS

1. All matters set forth on the Plat of CENTRAL ADDITION TO BUENA VISTA, recordedin Plat Book 3, page 191.2. Reservations as set forth in Special Warranty Deed recorded in Official Records Book11846, Page 642 (License agreement for 50 years, containing a first right of refusal topurchase billboard sign and license), as affected by that certain Notice Pursuant toSection 712.05, Florida Statutes, as recorded in Official Records Book 27853, Page 2163.3. Easement to Florida Power & Light Company recorded in Official Records Book 26844,Page 476.4. Notice of Commencement recorded in Official Records Book 27660, Page 660.

NOTE: ALL RECORDING INFORMATION SET FORTH HEREIN REFERS TO THEPUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

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EXHIBIT "A"

LEGAL DESCRIPTION:A 10.00 foot alley vacation bounded on the North by the South line of Block 2, CENTRALADDITION TO BUENA VISTA, according to the plat thereof as recorded in Plat Book 3 atPage 191; bounded on the West by the Southerly extension of the East line of the West15.00 feet of said Block 2, bounded on the East by the Southerly extension of the Eastline of said Block 2, bounded on the South by the North line of Block 1 of said CENTRALADDITION TO BUENA VISTA, all of the Public Records of Miami-Dade County, Florida beingmore particularly described as follows:Begin of the Southeast corner of said Block 2; thence SOO"02'50"E along the Southerlyextension of the East line of said Block 2 fo r 10.00 feet; thence N89"54'40"W along theNorth line of said Block 1 fo r 188.61 feet; thence NOO"OO'OO"E along the Southerlyextension of the East line of the West 15.00 feet of said Block 2 fo r 10.00 feet; thenceS89"54'40"E along the South line of said Block 2 fo r 188.60 feet to the Point of Beginning.SURVEYOR'S NOTES:- This site lies in Section 24, Township 53 South, Range 41 East, City of Miami,Miami-Dade County, Florida.- All documents are recorded in the Public Records of Miami-Dade County, Floridaunless otherwise noted.- Dimensions indicated hereon are based on Fortin, Leavy, Skiles, sketch no. 2004-248.- This is not a "Boundary Survey" but only a graphic depiction of the descriptionshown hereon.SURVEYOR'S CERTIFICATION:I hereby certify that this "Sketch of Description" was made under my responsible charge onJanuary 19, 2012, and meets the applicable codes as set forth in the Florida AdministrativeCode, pursuant to Section 472.027, Florida Statutes."Not valid without the signature and the original raisedseal o f ~ D r - f e l a - b i c e n s e d Surveyor and Mapper"

}ORTIN ' LEAYr. , / . I ~ L 1 ~ S ' INC., LB3653~ ? ~ : - - - - - ~ ~ - - - - - - - - - - - - - - - - - - - - - Daniel C. Fortin, For The FirmSurveyor-and Mapper, LS2853State of Florida.

ALLEY VACATION LEGAL DESCRIPTION

DrawnBy ACS (DESCRIPTION, NOTES, &CERTIFICATIONJCad. No. 051066

~ e r . 7 J W g . - ~ ~ = = = l - - E O R T I N , _ L E A Y Y , - S j { J L E 8 , - - I N - C . REV.1

Plotted:

2004-248120198

4/20/12 2:36p

CONSULTING ENGINEERS, SURVEYORS & MAPPERSFLORIDA CERTIFICATE OF AU THORIZATION NUMBER: 00003653180 Northeast 168th. Street / North Miami Beach. Florida. 33162Phone: 305-653-4493 / Fax 305-651-7152 / Email [email protected]

Date 1/19/12Scale NO SCALEJob. No. 051066Dwg.No. 1005-031Sheet 1 of 3


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EXHIBIT "A" GRAPHIC SCALEf - - - -1-1 - - - - 1;1 i i i i i i i i ~ r ~ ~ r i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i) 1 ( INFEET)1_ LOT 4 LO T 11 1 inoh = 50 ft .

-------__ - 1 1 1 1I : - F i - = - ~ - - : : : - - - - - = t _ = _ - - - i- ,

I t " ,c(CII

" IoD.W 1,.. LOT2~ ( J ) D . -I. J w ~ 1alOOzO 1_a l LOT 1

1D. 1

__ _ J

1 : 1Z ~ I W LOT 3> ~ I 1 1Z C!l =::-1 - - - - - - -< 'WD . I _ ~ I N 1Iwg !l 1

; ; : : ~ I ; I I . . c : : : ~ y ~ 1LOT 2

>w< !:. I- ORIGINA-L-

CENTRAL ADDITIOrt TO BUENA VISTAPLAT BOOKr PAGE 191B L ~ C K 2 LO T 13

+ - -a: I [ ~ WEST 15.00'a.: 1 1OF BLOCK 2 LO T 1o 1 1 LO T 14Z 1SOUTHERLY___ ,OFTHEEASTRIGHTOFWAY LINE OF NORTH

IMIAMI AVENU1

I t " , 1c(CIIoQ,W 1,.. C!I~ ( J ) ~ LOT24 1. J W ~ alOO

zO LOT23 1alQ, J/_/

111 1C.ENTRATADDITIOr O BUE1A VISTA 11 PL A BOOK3 AGE 191 1LOT 2 LO T 3 LO T 4 LOT 5 LOT 6 LOT 7 LO T BlL:__ _: _:_L_:J

b ~ a R Q ~ L - ~ ) - ~ _I r - L1 t ' f ~ B f f J : 7 : ~ " d . c W . J : ~ = T ~ ~ ' : 1

1 m1 J . t ) ~ . c ~ 1 ~ ~ ~ O ~ ~ ~ 1 O ~ ~ a - , ~ i i l g 1 m ~ ~ ~ 1 ..1ISOUTHERLY EXTENSION OF WEST RIGHT OF WAY LINE ON.E. MIAMI COURT- - -iTiI C ~ k A * D D I I ; } O !TO BUEN VISTAPLAT BOOK PAGE 19I LOT 1 LOTI 1 t = ~ ~

SW CORNER OFTHESE 1/4 OF THE SE 1/4OF SECTION 24-53-41

NE 36th STREET( P M ~ ' ; i . C f ~ W 6 ~ b ~ ~ Y ) BUENA VISTA STREET(PER PLAT BOOK 3 PAGE 191)

~ 1 ~ r - - - - - - - - - - - - - - - - - - - - - - - - -LO"CATION SKETCH TO ACCOMPANY ALLEY VACATION LEGAL DESCRIPTION-- - -- -Drawn ByCad. No.RefDwg.

REV.1Plotted:

ACS051066

2004-248120198

4/20/12 2:36p

( SKETCHOFDESCRIPTION )--EORXW,-LEAY,-S-KlLES,-WC.o--

CONSULTING ENGINEERS, SURVEYORS & MAPPERSFLORIDA CERTIFICATE OF AUUIORIZATIONNUMBER: 00003653180 Northeast 168th. Stree t / North Miami Beach, Florida. 33162Phone: 305-653-4493 / Fax 305-651-7152 / Email [email protected]

Date 1/19/12Scale 1n = 50 'Job.No. 051066Dwg.No. 1005-031Sheet 2 of 3


18/27

EXHIBIT "A"

- - - I ~ I ILW 38th STREET ' -___ --'I I NE 38th STREET36 STREET EXPRESSWAY1-195 (JULIA TUTTLE CAUSEWAY) / ALLEY

NW 36th STREETI

:::c

oz

/ .VACATIONl -ll ::>oo:!!t = . = ~ ~ [ C

NE 36th STREET

LOCATION SKETCHSECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST

CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDANOT TO SCALE

LOCATION SKETCH TO ACCOMPANY ALLEY VACATION LEGAL DESCRIPTION

Drawn By ACSCad. No.

1/19/12LOCA TION SKETCH J Date~ ~ ~ ~ = = = = = = = = = = ~ = = = = ~ ~ ~ ~ 051066RefDwg. E L S Scale NOT TO SCALE, -1- -=- -=-=- - - - -1- - - O R I I ~ : , - EAllY,- - - K I L E S , - m C - . - - I = ~ ~ ~ ~CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 051066004-248

REV.1 120198Plotted: 4/20/12 2:36p

FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1005-031180 Northeas t 168th. Street / North MiaJDi Beach. Florida. 33162Phone: 305-653-4493 / Fax 305-651-7152 / Email [email protected] Sheet 3 of 3


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CITY OFMIAMIDISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TOSUPPORT 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 itsboards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on theissue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support orwithhold 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 orimplied, 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 orany of its boards, authorities, agencies, councils or committees solely in the capacity ofa lobbyist and not as the applicant, or owners'legal representative are not required to fill out this form.

NAME: Joel E. Maxwell(First Name) (Middle) (Last Name)

HOME ADDRESS: Akerman Senterfitt(Address Line 1)1 SE 3 Avenue, 25th Floor(Address Line 2)

CITY: Miami STATE: Florida ZIP: 33131HOME PHONE: (305) 374-5600 CELL PI-lONE: FAX: (305) 374-5095EMAIL: [email protected] or APPLICANT or ENTITY NAME

Fifteen Midtown Properties, LLCBUSINESS ADDRESS: c/o Fifteen Group

(Address Line 1)47 NE 36 Street, 2nd Floor, Miami, FL 33137(Address Line 2)

1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,authori ty, agency, council, or committee.request for vacation and closure of platted alley

2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement tosupport or withhold objection to the requested approval, relief or action?

DYES o NOyour answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.

Doc. No.:86543


20/27

3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been providedor 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 COMPLIANCEI hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements ofOrdinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminalor civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoingdisclosure 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 oreffect; and

2. no application from any person or entity for the same issue shall be reviewed orconsidered by the applicable board(s) until expiration of a period of one year after the

. nullification of the application or order.

PERSON SUBMITTING DISCLOSURE: _ ~ ~ v : : J ~ = - _ > : _ , - - - - " , ~ - + ~ ~ : s - : ; ' ? : : ; , __________ _Print Name

Sworn to and subscribed before me this ~ - - . ~ \ ' 0 . ) l l _ Iv \ , 0\ L-- . The foregoinginstrument 'was acknowledged beji:Jre me by _.. _ ~ _ ... . \_ ...- ._ ..J1_ ........._._____. who has produced_____________ as identification anc//or IS personally known to me md who did/did not take an oath.STATE OF FLORIDACITY OF MIAMIMY COMMJSSIONEXPIRES:Enclosure(s)

Page 2


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J.Mifer Lc"in, Ilsq.Prol1lbetg, Perlow'& K ~ m i k , P.A.1890 I N.B. 29th AvenueS u l 1 ~ 100AWJltUflI, Florid.:. 33180R'!(;ord ll()!I Relwn to:S ~ I J . F " " r s I R u d C l 1 ~ l o s l < y 200 East Bro\\'i1td DoulevardSuite 1500I'ort Lm:


22/27

In Witness Whereof, Grantor has herounl0 set Grnntor's hand and scallhe day and year first aoove wril1en.Signed, sealed and delivered In the presence of:

Page 2 of5

P a g - e - 2 - o f - 5 ~ - - - - -


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STATEOF fi..lfz>!1 )COUNTY OF . ) l I I I 1 / ~ P t 1 P " ~

I HEREBY CERTIFY that the foregoing lnsllUmenl was acknowledged befor n his 18'(( jay of November,20)0, by 8C01l PODOLSKY us M(IJ1ager of A&S DESIGN DEVELOPMENT C, a Flori a . ited liability comp(lJ1Y,on behalfofthe Company. He is 0 personally known to me or 0 has produce a ~ ~ _ . er's license asidentifiClltton.

Page 3 of5

BOOKZ75U27Page3TS-8-CFNfZO-rU079'9'044


24/27

EXHlBIT"A"

PARCEL I:Lots 1/ 2,3 & 4, Block l1:lnd Lots 1, 2, 13, 14, Block 2, of CENTRAL ADDITION TO BUENA VISTA,according to the Plat thereof as recorded In Plat Book 3 at Page 191, of the Public Records ofMiami-Dade county, Florld1:l, less and except the following described property:The West 15 feet of said lots 1 & 2, Block 2; also less and except the following:Beginning at the Northwest corner of Lot 1, Block 1, of CENTRAL ADDITION BUENA VISTA; thencerun south along the West line of said Lot 1 for a distance of 100 feet to the Southwest corner ofsaid Lot 1; thence run East along the South line of lots 1, 2 and 3 of said Block 1 for a distance of78 feet to the Southeast corner of said Lot 3; thence run North along the East line of said Lot 3 fora distance of 15 feet to a point; thence run West along 1;1 line 15 feet North of and parallel with theSouth line of said Lot 3 and 2 for a distance of 43.03 feet to a point of curve; thence run along theare of tangential curve to the right having a radius of 20 feet through a central angle of 89 degrees54 minutes 30 seconds for an arc distance of 31.38 feet to a point of tangency on a line 15 feetEast of and parallel with the West line of said Lot 1; thence run North along a line 15 feet East ofand parallel with the West line of said Lot 1 for a distance of 65.03 feet to a point on the North lineof said Lot 1; thence run West along the North line of said Lot 1; thence run West along the Northline of said lot 1 for a distance of 15 feet to the Point of Beginning and less the South 15 feet ofLot 4, Block 1.PARCEL II :Lots 3, 4 and 12, Block 2/ of CENTRAL ADDmON TO BUENA VISTA, according to the Plat thereof,as recorded In Plat Book 3 at Page 191, less and except the following described property:The West 15 feet of said Lots 3 and 4, also less and except that part of Lots 3 and 4, Block 2,CENTRAL ADDmON TO BUENA VISTA, being more particularly described as follows:Begin at the Northeast corner of said Lot 4i thence Southerly along the Easterly line of said Lots 3and 4, a distance of 57.67 .feet; thence North 82 degrees 00 minutes 33 seconds West, a distanceof 87.46 feet to a point on the Westerly line of said Lot 4; thence Northerly along said Westerlyline, a distance of 44.77 feet to the Northwllst corner of said lo t 4; thence Easterly along theNortherly line of said Lot 4, a distance of 86.72 feet to the Point of Beginning.Also less and except that part of the said Lot 12, Block 2, CENTRAL ADDITION TO BUENA VISTA,beIng more particula rly described as follows: Begin at the Northeast corner of said Lot 12; thenceSoutherly along the Easterly line of said lo t 12, a distance of 21.93 feet; thence North 82 degrees00 minutes 33 seconds West, a distance of 102.60 feet to a point on the Westerly line of said lo t12, thence Northerly along said Westerly line; a distance of 9.67 feet to the Northwest corner ofsaid Lot 12, thence Easterly along the Northerly line of lo t 12, a distance of 101.70 feet to thePoint of Beginning.AndLots 5 and 6, Block 1 of "CENTRAL ADDITION TO BUENA VISTA", according to the Plat thereof, asrecorded In Plat Book 3 at Page 191, of the Public Records of Mlami- Dade County, Florida, Jess theSouth 15.00 feet for road right of way.PARCEL III:

Page 4 of5

Book27502/Page3189 CFN#20100799044 -----Iage 4()f5


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OR BK 2 7 5 0 2 PG 3 1 9 0LAST PAGE

Lots 7 and 8, Block 1, CENTRAL AOOmON TO BUENA VISTA, accordIng to the Plat thereof, asrecorded In Plat Book 3 at Page 191, of the public Records of MiamI-Dade County, FlorIda, less theSouth 15.00 feet for rOCld right of way.AndLots 1 and 2, Block 4, "CENTRAL ADOmON TO BUENA VISTA", according to the Plat thereof, asrecorded In Plat Book 3 at Page 191, of the public Records of Miami-Dade County, FlorIda, less theSouth 15.00 feet for road right of way. .

Page 5of5


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PLATFIFTEEN MIDTOWN SUBDIVISION

SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EASTCITY OF MIAMI. MIAMIDADE COUNTY, FLORIDA

11- - - - [ - ~ - - ~ - -

-.rr---;",--,.- - - - - - - -

BLAIR TRACTPLAT BOOK 116, PAOE232 S T O R : ~ U l l D I N Q , " o r l ~ n D l

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FORTIN, LEAVY, SKILES, INC. IHI----t----------ilCONSULTING ENGINEERS. SURVEYORS '" MAPPERSFLOllIDACBllTtFICATBOPAtmfORlZA.nONNtJMBBIl:OOOII36S3l&4NonboMt 1681b. Stroot/NonbMlamlBoKb.P1add&. 33162~ J 0 S . . 6 S 3 . . . 4 . 4 " / P u 3 0 $ - 6 S 1 - 1 1 n / B m a U ~ _


27/27

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4 ' l J . _ L . ~ _ L . _____________ L ____________, __ _ ______1

~ ~ ~ ~ j ~ t = = = - . : : - - - ==---------=---BLAIR TRACT

PLAT BOOK 116, PAGE 232 S T ~ ~ ~ ~ L O I N G