VACATION AND CLOSURE APPLICATION RECEIVED PLANN L:G/0E :. :-: TMEN r . PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTIRN\UG 29 AM 9: 59 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-20. 30 I L www.miamigov.com/hearing boards IJl rll(" Ih~ I3-Dj?> VS 4C
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e. , the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish , you could bring the materials to our office for review prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8~x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 07-2012 MIA 183438811v1 , VACATIO'N AND CLOSURE APPLICATION •
Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information.
1. Applicant(s): Iris Escarra, Esquire on behalf of National Foundation for Advancement in the Arts, Inc., as owner
2. Description of area: - See attached Exhibit "A"
3. Copies of the Tentative Plat: One (1) 24x36" and one (1) SYzx11" prepared by a State of Florida registered land surveyor.
4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11 x17"; and c) One (1) SYzx11" 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.
S. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original SYzx11" sketch of survey in #3 above can be labeled, "Exhibit A".
9. At least two photographs showing the entire property showing land and improvements.
1 O. 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? ___-.!....A~p~p.:...;:ro::..:.x!..:...... :::3~. 3~7_a=.;c::.:.r..:::e.:::.s ______
17. What is the purpose of this application/nature of proposed use? ____C=..:..;:lo=s..=u.:....;:re=---=of'--=a---'1-=5--.-:f-=.0..::..;:ot platted alley.
Rev. 07-201 2 2 MIA 183438811v1 < • VACATION AND CLOSURE APPLICATION
18. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. yes
19. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. ___~n~o ______
20. What would be the anticipated duration of the presentation in front of the: X Planning, Zoning and Appeal.s Board 15 mins and/or X City Commission 15 mins
21 . Cost of processing according to Section 62-22 of the Miami City Code*:
Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re-submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00
I e paid in the ~rm of a certified check, cashier's check, or money order.
Address 333 Avenue of the Amercias
Name Iris Escarra Miami, Florida 33131
Telephone __---=3=..;05=---=.5..:....79=--...=0-=-7.=..37'-- __ E-mail [email protected]
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this t9, day of __--'-A=u:..;:g=u=s~t _____ 20 13 , by Iris Escarra who is a(n) individuallpartner/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. • ~~~~/ (Stamp) Signature ~
Rev. 07-2012 3 MIA 183438811v1 VACATION AND CLOSURE APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Iris Escarra, Esquire ______, 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, X including or 0 not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct.
Further Affiant sayeth not. (
Iris Escarra, Esquire Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Th'l..foregoing was acknowledged before me this ~ I( day of ---"~:...... :..:~Wf-'""... J L...L.---- 20 '.2 ,by Iris Escarra, Esquire P - ____ who is a(n) ind jyjduil/partner/agent/corporation of ______a(n) individual1eartnership/corporation. He/She is personally known to me or who has produced - as identification and wh0 .2!2. (did not) take an oath~. ~~ ~ (Stamp) Signature
Rev. 07-201 2 4 MIA 183438811v1 VACATION :· AND CLOSURE APPLICATION
DISCLOSii)RE OF 0 WNERSHIP
1. List the owner(s) of the subject property;a,nd percentage of ownership. Note: The Miami City Code requires disclosure of all parties having 4 financial interest, either direct or indirect, with respect to a presentatioh,': request or petition~ ' Apcordingly, 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) National . -Foundation for Advancement in the Arts, Inc. (Not for Profit Organization) Exhibit "B" Percentage of Ownership See attached list of board members
Subject Property Address(es) Approx. 2100 Biscayne Blvd
2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary.
Street Address(es): Legal Description(s):
None
Owner(s) or Attorney Name Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowle9ged before me this ~ (, ~ day of _~~::..n:~_l- ______20 ) 3 , by ~ c.".d1e1U\11~ who is a(n) individual/partner/agentlcorporation of ~\ ~d\1I1 ~ tnl~ .. ,'- ~ a(n) individual/partnerShip/corporation. He/She i ~ rs Of)ji ily Known ftHnepr whQ has produced ______-___ as identification and who did (did not) take an oath. c:::&,~~ ~~-~~ (Stamp) Signature
~~~y p~ ~c •• ' •••,' Rev, 07-2012 5 MIA 183363936v1 Exhibit "A" SKETCH AND LEGAL DESCRIPTION 15 FOOT PRIVATE ALLEY TO BE CLOSED AND VACATED N.E 22nd. STREET (BAYONN[ PLAC£, PB. 2, PG. 35) L[G[ND: p.B. D[NOT[S PLAT BOOK PG. D[NOT[S PAG[ R/W D[NOT[S RIGHT-OF-WAY TH[ NORTH 15 F[[T OF BLOCK " BAYONN[ SUBDIVISION, ACCORDING TO TH[ PLAT TH[R[OF, AS R[CORD[D IN PLAT BOOK 2, PAG[ 35, OF TH[ PUBLIC R[CORDS OF MIAMI-DAD[ COUNTY, FLORIDA, LYING WESTERLY OF TH[ WEST RIGHT-OF-WAY LlN[ OF BISCAYN[ BOUL[VARD AS SHOWN ON TH[ FLORIDA D[PARTM[NT OF TRANSPORTATION RIGHT OF WAY MAP OF STAT[ ROAD No.5, S[CTION 87030, SH[[T 2 OF 10, AND L[SS TH[ WESTERLY 10 F[[T TH[R[OF FOR N.E. 2nd AV[NU[. LYING AND BDNG IN S[CTION 30, TOWNSHIP 53 SOUTH, RANG[ 42 [AST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) ORD[R[D BY: NA TlONAL FOUNDA TlON FOR ADVANC[M[NT IN TH[ ARTS, INC. 2) AUTH[NTIC COPI[S OF THIS SK[TCH AND LEGAL D[SCRIPTION MUST B[AR THE [MBOSS[D S[AL OF TH[ A TT[STING PROF[SSIONAL LAND SURVEYOR. 3) PROP[RTY AS D[SCRIB[D HER[ON CONTAINS 7,552 SQUAR[ FE[T, MOR[ OR L[SS. SCA LE 1"= 100' SHEET 1 OF 1 SHEETS dahW"ebke-dhi~kln 5 c::.71~~oaia1e~~ flna. REVISIONS LAND SURVEYORS-ENGiNEERS-LAND PLANNERS 3240 CORPORATE WAY-MiRAMAR, FL 33025 PHONE No.(954 )435-70 10 FAX No. (95 8-3288 ORD ER NO. 201732 DA TE: AUGUST 14, 2013 THIS IS NOT A " BOUNDARY SURVEY" MARK ST EN OHNSON, SEC'Y & TREAS. CERTIFICATE OF AUTHORIZATION No . LB- 87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 K:\305342\BACARDI-CITY OF MIAMI DATUM\Legals\dwg\15 Foot Private Alley to be Vacated .dwg ATIONAL YOU G 5 FOUNDATION Exhibit "B" MEMBERS OF THE BOARD OF TRUSTEES Lin Arison Max Schneider Sarah S. Arison Marc Sheridan, Chair Facundo Bacardi Richard S. Wagman Patty Carroll Maurice Zarmati Armando M. Codina Paul T. Lehr, President & CEO National YoungArts Foundation Linda Coli Meryl Comer Hugh S. (Beau) Cummins, III Justin DiCioccio Agnes Gund John R. Henry Harry M. Hersh John J. aefE) Kauffman Richard Kohan Dr. Ronald C. McCurdy Sandra Muss John]. Gack) O'Neil Dr. Eduardo]. Padron Christy Powell Desmond Richardson 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, as an inducement for approval of the closure of the private alley located between Block 9, Edgewater Plat Book 2, Page 31 and Block 1, Bayonne Subdivision, Plat Book 2, Page 35. It is hereby certified that we have examined Fidelity National Title Insurance Company Owner's Policy Number FL0306-82-3813696, together with Fidelity National Insurance Company's Title Information Bringdown (collectively, the "Title Evidence"), which title information covers the period from the BEGINNING through August 5, 2013 at 11 :00 p.m., inclusive, with respect to the Property described on Exhibit A attached hereto and made a part hereof. Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of the opinion that on the last mentioned date, the fee simple title to the Property was vested in: National Foundation for Advancement in the Arts, Inc., a Florida not-for-profit corporation Subject to the following liens, encumbrances, and other exceptions: 1. RECORDED MORTGAGES: NONE 2. RECORDED MECHANICS LIENS, CONTRACT LIENS AND JUDGMENTS: NONE 3. GENERAL EXCEPTIONS: (a) All taxes or assessments for the year 2013 and all subsequent years. (b) Rights of parties in possession other than the above owner. (c) Facts that would be disclosed by an accurate survey of the Property. (d) Any unrecorded laborer's, mechanics' or materialmens' liens and municipal liens. (e) Zoning and other restrictions imposed by governmental authority. Opinion of Title National Foundation for Advancement in the Arts, Inc. 1 MIA 183453522v1 (f) Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 4. SPECIAL EXCEPTIONS: (a) Restrictions and dedications as contained on the Plat of EDGEWATER, recorded in Plat Book 2, Page 31, of the Public Records of Miami-Dade County, Florida. (b) Restrictions and dedications as contained on the Plat of BAYONNE SUBDIVISION, recorded in Plat Book 2, Page 35, of the Public Records of Miami-Dade County, Florida. (c) Right of Way Easement in favor of Southern Bell Telephone and Telegraph Company recorded July 25, 1988 in Official Records Book 13758, Page 1848. (d) Declaration of Restrictive Covenants recorded July 13, 2011 in Official Records Book 27754, Page 3724. (e) Declaration of Restrictive Covenants recorded October 14, 2012 m Official Records Book 28299, Page 4851. All of the recording information contained herein refers to the Public Records of Miami Dade County, Florida. 5. REVERSIONARY RIGHTS: 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 "B" attached hereto and incorporated herein ("Alleys"), we have examined the Florida Statute and have determined that Section 177.085 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 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 center line or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance. (emphasis added)" Based upon the presumption that proper and appropriate steps have been taken to close the Alley, 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, that that the Alleys have become the property of the abutting land owners to the Opinion of Tille National Foundation for Advancement in the Arts, Inc. 2 MIA 183453522v1 South. Since the same owners own all lots and the abutting land, that ownership by virtue of the closing of the Alley adjoining the respective land, has placed title to the Alleys in the abutting land owners, National Foundation for Advancement in the Arts, Inc.; further, since the Property encompasses the Alley, it is our opinion that fee simple ownership of the Alley, upon proper vacation, shall revert to the existing titleholder of the Property, National Foundation for Advancement in the Arts, Inc. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 28 th day of August, 2013 GREENBERG TRAURIG, P.A. Address: 333 Avenue ofthe Americas Miami, Florida 33131 Telephone: (305) 579-7978 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ~ day of August, 2013 by I~K .~ , who is personally known to me and did take an oath. ;n,S2SCAf,.. ~~..e~ Print Name ~ Notary Public, Sta~W;;.iw.a~·...... ~ ...... ----r Commission No. My Commission Opinion ofTitle National Foundation for Advancement in the Arts, Inc. 3 MIA 183453522v1 Exhibit A The West 15 feet of Lot 1 and all of Lots 2,3,4,5,6, 7,8, and 9, Block 9, EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, Page 31, and the West 30 feet of Lot 7 and all of Lots 8,9, 10, 11, 12, 13, and 14, BAYONNE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 35, all ofthe Public Records of Miami-Dade County, Florida. Opinion of Title National Foundation for Advancement in the Arts, Inc. 4 MIA 183453522v1 eX -l-H 6 rT If B II SKETCH AND LEGAL DESCRIPTION 15 FOOT PRIVATE ALLEY TO BE CLOSED AND VACATED N.E 22nd. STREET (COLORADO AVENUE, PB. 2, PG. 31) ~- ,-- 1- - --rRiW- I- - 1-- f - - 1- -1- - T - - 1- -Il ~ : : ~dge ~ater (~~~CBp! 2.:Page : 31) : : :: ~ ~ lD' "'- j::;: ~ f'rJ I Lot 11 1Lot 101 Lot 9 1Lot 8 I Lot 7 1 Lot 6 I Lot 5 I Lot 4 1 Lot 3 I Lot 2 1.•..,1 w ~ Cl ~ ~ I 10' I I I I 0 I I I 131 ~ ~ ~ C§ ~ dL 9 >...:s::C3'~Q:(C) ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ "'- ~ ~ . I~L.-::".J~ _ g: "" I 1;:1::...... ~a2'c::5:;S~<'-J kJ- "t:i i: I I I ~ ~ t5 I ~ h. "" ~ ~ Cti ~ ~::t> 5 F(JOT PRIVATE ALLEY II ~~~ I ~ § ~ ~ ~ ~ 1" I I ;:X::--L.... Ih.lr)lr)~ LEGEND: p.B. DENOTES PLAT BOOK PG. DENOTES PAGE R/W DENOTES RIGHT-OF-WAY THE NORTH 15 FEfT OF BLOCK " BAYONNE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 35, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP OF STATE ROAD No.5, SECTION 87030, SHEET 2 OF 10, AND LESS THE WESTERLY 10 FEET THEREOF FOR N.E. 2nd AVENUE. LYING AND BflNG IN SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) ORDERED BY: NA TlONAL FOUNDA TlON FOR ADVANCEMENT IN THE ARTS, INC. 2) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 3) PROPERTY AS DESCRIBED HEREON CONTAINS 7,552 SQUARE FEET, MORE OR LESS. SCALE 1"= 100' SHEET 1 OF 1 SHEETS daha:r.e;;k.e-dhi~kln 6- c:;:rf~~oaiat.e~~ .£Ina. REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954 )435-7010 F YNo. (954)438-3288 ORDER NO. 201732 DA TE: AUGUST 14, 2013 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 K:\30S342\BACARDI·ClTY OF MIAMI DATUM\Legals\dwg\lS Foot Private Alley to be Vacated.dwg To: Joe Gutierrez Page 3 of 4 2013-08-22 11 :09: 11 EDT 13059615318 From: Marisol Rodriguez ------.. -----~------~-'-~~------, CITV OFMIAMI DISCLOSURE OF CONSIl)EnAT10N PROVIDED OR COMM1TTE.O ItOR AGREEMENT TO " .. . " SlJ~~qR.T . p~~ .~.lT~~p~L.p , ()nJl!:qTIpN ...... ". rcquin:~ p~rs()n . The City of Miami \.Iny Or' entit)' rcq\Hlsting upprova[ relief 01' other actiol1 fi'om the Cliy Commission or any ,)f its " " 'bo~\l'(br Ilutboridc~, ~Igcnci<:$, coullcils (>r c"mlTlittccs, it, dh:clost! at the commcnecmtlnt (or continuance) of the hcnfing($) (ll\ tht 'issue, fHiy consider!Jtlon provided or committed, direcily or 011 its behalf~ ' to IIny entity Or perSon tllr an agrCenlCI1t to support or · w ithhold objection to the requested approval, r¢lici' or notion. "Collsidcrotion" Includes uny gUt. pnymcnt, cC'lltribution. donation, fel>, .. . · ·commission, promise or grant of tmy moncy. properLy, service, credit or titl!1ncial ~,;,:i~41/'lce IlldiviQ\.1alS t' ct1\ln~q 01' employed by II principall1s Ii lobbyist as defined in Sec, :2-653, and appeLlrir'g before the City Cotnmi~8ion or tmy of its bOll.td$, EI\lth\lrjti~s, ugcnoles, councils or committees soleJy,in tn.¢. c.apllcity of a.1()b.b.Ylj;~ .and Il..OI a~ . ~hc applicantl.0r owntlrs' .. . '" . I~~ilI r.ep(esel1tativc: arc'Jlot required to fill.out this form . . ' '.. . '...... '...... : .. . ."...... ". . , ' ·· llOj\1EAl)DRESS: .. "... , ' " "~ . . . ~, \ " . Cfry; S'l'ATE: Florida ZiP: ~} 313 7 " , . · -)-JOME PUONE: 30S: 3 7].:J!.tQ._ CEl.L PI'IONf:.: _1~ _f -J ~ 8 . ('11..( .FAX: ~o s-=' ? ~! ~ '3 7(») . EMAIL: j'7_'(r~:!;:£(t'F~¥a"Mj1Cllar~ l}.USSINESSnl' APPJ.JCANT Or ENTfTY NAME N;lti.onal Foundati.on f(';r Advancement in the Arts, Inc. ----~---~-.-~--~. .BUSINESS ADDRESS: 2~OO Biscayne Blvd ---- ....-- .... -\is;OcIrerilit'iiinr~ Miami, Florida 33131 .-...,....~~'""----- (AcI(lress LIM 2) .'1 . l'l~a~~ describe the ls~ue for which you al'e $tckillg approval, rellef or ()t~el' n~tij)}1 'f'ront the City C .ommj~siQn, bOilrd, .!lUthority, \\gel\cy, C.(luncil, or eomlll.iUee. ". . . '. . AppZ'ov;)l of I>t:.reet clo~'ure for 15 foot private alley . " .",..._ .... ___ .. _ .. _ ... ___ ...... ___._ .. _ .• _. ~"wm" .. '''''" __·_ .... ___. ___ . ______.. ~ __ ,~~~ ______.• _. __.• ~~". ___ _ " " _ ._--_._--- ."-... '-... - --'-... -.. -.--.-... ~.'"". ----~----.----- , . - ' "" .. --~-- ' "', '.. ______...... -' ..... "_"----' ...... , .,,~. .. ,, ... ___. ______._____ ... __ ._ ...... ___--' '''''''',... "... ,.,...--_-N---____. __ . _ _...... ,/_ · ______. __ .. 1. Ihs lilly consideration been I)ro,;,ided or com.mitietl, di'l'tlctly or on ymlr be.bllif. tu uoy lluHty O."·Ptll'SOIl.fO.r. IID"lIgreem\!,lIt ·to .. •. .. ovnl. ~. ~ 11IJj)rtli .(w.it.b.~~I~oI;lJcetjRIl . ~? tbel'el)\u"st~1I UP1~ 1'~. lId ~r ."ctiou? '. . ". ' . .. "",," o YE$ ..... rBl NO' " " , '., , ' If your allSWcr to Questi<>n Z is N(I, do not answer qlle~tl()lls 3, 4 & 5 pt'oceed tn read alltl execute the Aci(nowle-ligmcnt, 11' younlnswl;r to QU~8tiolllls y(;~. plellsc Ullswer qucstiorls 3, 4 & S Arid reod 1Il:J(lI)~eellt(\ the Aclmowledgl!",el'lt. t:::;.:h";;;.·:. ..:.:N::.:;".'"':f ,-----,------_._-----,-'"_ ....,------ , ,;), 1"1I,:u\! l'n..vhle tbe, IIlIlfIej ~ddre$~ a~ld 1,1o01li; lIu... l ..~~ , ~1 : the }'l:I'SOlt(S) 0,' ~, ~tl ,.l(:~ to, whonl consideration b~~ been pr()v .!(\ ,,,~ o,re,ommitted. \ " ' " " ",,' " ,, '" • ' ''', " Name ",'" Address " Ph(lne# ,a. tlja ------_.. _------'--,_.-"".-.__ ...... _'-_._. - --- -_._------_.. _ ------,--,---_. c, ___.... _. ______•______, _ ____, _~...... ".~~m"."~ •• "~,,."'''_~ .. _ •• _~_. __~_- __------.-.,.-----_'---.--,." ... - , " . n/a ...., ...... __~~u,."._ . .. _.. _ .. ,_ .. _· ______.. -- -'.... '-----.... ------.---.-.. ---.... '" ... ~------ '-_____-:--- ____~~M_~ ••.'-'-'"'".--- .. ---____ ... __---: ______~"'~'" mo."" " \" " , . ' .... _-_._------.,-----_ ...... "'.. "'...... -...... _-_._------~~-...... ~ ...... - - . :5. Describe ''K4J:1t is being requested in cXl:hllUgc for the, considel·lltion. n/a "" _____• __.~,~ ...".,,~_.""'''' ....,,._ ._~ __ •• __.. , ______~ __' _"'~_----- _____• __, _ .. ,w., ~_, ______ """"-~'-,"'-.-,,------,-.. ,------.. -~.--" .. " .. --..... -.. -.---'-.--.-.-.. ---~---~""~-." , ACKNOWLfi:DC1Ci\-fI<:NT OF COMPLIANCE 1 hureby lIc1mowlcdge tllIl! it Is uii'lawfol t ... employ Ilny devit.il, st.heme 01' nrtit1ce to circulllvent tlie'disclosure requirements of' Ordin:mc:e 1l?18 lind sucb cirCtlmVclltioll shall be .1(:'"',1'.. cd n violation of th(~ Ordinance; and thnt In addition to fh" "dill inlll 0.1" civil penalties tllnt m"Y be hllpo~ed lIude.' the City Code, UpOil detllrmlnjjtion by tbe City COlIl'l1\sslon t'bat't,h~'fo,rt:go . i,[lg t:lts!:,I()s\II'e re.!llliJ::emcllt 'lilliS' rIot fUlly 'nlld timely satisfied th~ following may ocellr: ' ..... 1. ,the Il(>plic2Ition or order, as llpplicable, sball be d . cllm~u void without fllrtbel' f(l,ree or " ef'fect; lind Z. JIO Ullplkllf'lon from lilly I""·.,,n 01' clltity for t.lle some bsue sblill be rlOvl"",,,d or ,colI$idel'ed by the applicabll' bOlU'd($) "nUl, ,c.!':piration QI' ,'~ l)criod of Olle yelll' >liter the ,.... , '. ".,,,' .... ' '"\,illifi(:litiOiiOHbeaPl)liCllti()n'Ol'O~I: ' ', ' . '\ . ", PERSON SUi1Mf'l'HNG DJSCLQSVRE; , '" ' . ' " , ". '" ~'----" '" . rg'''''''''a... tu~rc~ -'''''''·--~'·'''----''--- . ". ' .'. ' " . ", ' .', --,~. J;JI.1J~~~br>rTflrNiJiie...,-- .... -·-·--·.-.. -~, -~"":"":'''''';''''---,,- ",,' '. "'.,.' '.' . . " " "'" " .. '"" " . . , ,,' 2011,3. Theji)rl.lgOing .... ,," """ ..... "', .. ,...... ,. who h@ produced (0 ttr~, and 'wllo ~:/;'(iid not wkv. (om ,()«Ih. .. , ..... ' STATE OF FLORIDA " CITY OF MlAMI , MY COMMi/~~S ON ~~ ~~ ~~~ . -~~~".~"'-~ EXPIRES; _25,L'U.l$" '.,' "', ••~I..,.;:::z::Io4..lLac~~~=, _ ~~ - ~~~ " ...... "'l1m/vame ~ fJuc . No. ·. ~ t\5j l ) f:'i.!!JJ. ?age2 =~'-'-'=="------·--· .. ---#'..... ~4" DOHNAM~Atf:DOI!iOWlCO/tr,..t~------._------".. ...~ * MY COMMISSION. EE 085753 ,,~.. EXPIRES: August 19 ,2015 "~OFF\'O~<:) Bonded Th!u Budget Notary Services 111111111111111111111111111111111111111111111 CFN 2012R0707599 OR Bk 28299 P95 4898 - 4902; (SP9S ) R~~ .:wJ L:"e.,~\ttJ 'k. : RECORDED 10/04/ 2012 10:59:47 DEED DOC TAX 60,000 .00 THIS INSTRUMENT WAS PREPARED BY: SURTAX 45,000.00 Thomas V. Eagan, Esq. HARVEY RUVIN, CLERK OF COURT Squire Sanders (US) LLP MIAMI - DADE COUNTY, FLORIDA 200 South Biscayne Boulevard, Suite 4100 Miami, Florida 33131-2398 Tax Folio Nos. 0) -3230-031-0040,01-3230-031-0050, 01-3230-031-0060,01-3230-031-0070,01-3230-031-0080, 01-3230-031-0090,01-3230-026-0570,01-3230-026-0590, 01-3230-026-0600,01-3230-026-0610,01-3230-026-0620, 01-3230-026-0630,01-3230-026-0640 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made as of the 28th day of September, 2012 by BACARDI U.S.A., INC., a Delaware corporation ("Grantor") having a mailing address at 2701 LeJeune Road, Coral Gables, Florida 33134 and NATIONAL FOUNDATION FOR ADVANCEMENT IN THE ARTS, INC., a Florida not-for-profit corporation ("Grantee") having a mailing address at 777 Brickell Avenue, Suite 370, Miami, Florida 33131. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. "Grantor" and "Grantee" are used for singular and plural, as the context requires and the use of any gender shall include all genders.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Miami-Dade County, Florida and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"), subject to the rights and obligations of the Grantor and the Grantee in connection with certain Non-Stranded Development Rights as defined and set forth in that certain Purchase and Sale Agreement entered into by and between Grantor and Grantee and dated June 13,2012, and saving and reserving onto Grantor, its successors or assigns, all of the rights, title and interest in and to the stranded development rights for that portion of the Property designated as historic, as more particularly described on Exhibit "C" attached hereto and made a part hereof (the "Stranded Development Rights"). SUBJECT TO THE FOLLOWING: 1. Real Property Taxes for the year 2012 and subsequent years that are not yet due and payable. 2. Conditions, restrictions, limitations, easements, dedications, agreements, reservations and other matters of record; provided, however, that the foregoing shall not serve to impose or re-impose same. 3. Laws, zoning laws, regulations and/or ordinances affecting the Property. M1AMIJ4282029.9 5 Book28299/Page4898 CFN#20120707599 Page 1 of 5 4. All matters set forth in Exhibit "B" attached hereto and made a part hereof (collectively, the "Permitted Encwnbrances") without re-imposing same. Together with any right, title and interest that Grantor may have in land lying in the bed of any street or roadway, opened or proposed, which is adjacent to the Property, any strips or gores adjoining the Property, and all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to the Property. To Have and to Hold, the same in fee simple forever. Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Property; that the Grantor hereby fully warrants 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, subject to the matters set forth above. IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed on the date and year first above written. GRANTOR: BACARDI U.S.A., Inc., a Delaware Print oo=~ BY:,_~~~~______Name: Frederick 1. Wilson III Pri~ Title: Sr. Vice President (Seal) STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 28th day of September, 2012, by Frederick J. Wilson III, the Sr. Vice President of Bacardi U.S.A., Inc., a Delaware corporation, on behalf of said corporation. She/he (check one)oo is personal known to me or L-J has produced a valid driver's license as identification. Notary Pub i ,Stat f.....L..I...... ,,~~ _____ • .,.,~ Notal)' Pu~i~ S'Ia .... FI,.ridlo •~ Jeanne Fuentesl.jIeZ Name: JeClnl1e, h'tent-es LoO-f!..L '1 c ,~My Commi!.$lton EE 211373 I "t.. r.' Expira& 071221211& My Commission Expires _'...L1_~_0l.--L/_'_~______My Commission Number is: EE:::..· ...::.:2..... I'-'~'-' :ooL)-'1=3"'--______ (NOTARY PUBLIC SEAL) MIAMU4282029 .9 Book28299/Page4899 CFN#20120707599 Page 2 of 5 EXHIBIT A LEGAL DESCRIPTION The west 30 feet of Lot 7 and all of Lots 8, 9, 10, 11, 12, 13 and 14, in Block 1 of "Bayonne" Subdivision, according to the Plat thereof, recorded in Plat Book 2, Page 35 of the Public Records of Miami-Dade County, Florida. AND The west 15 feet of Lot 1 and all of Lots 2, 3, 4, 5, 6, 7, 8 and 9, Block 9, of "Edgewater" Subdivision, according to Plat Book 2, Page 31 of the Public Records of Miami Dade County, Florida. MIAMII4282029.9 Book28299/Page4900 CFN#20120707599 Page 3 of 5 EXHIBITB PERMITTED ENCUMBRANCES 1. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of EDGEWATER, recorded in Plat Book 2, Page 31, of the Public Records of Miami-Dade County, Florida. 2. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of BAYONNE SUBDIVISION, recorded in Plat Book 2, Page 35, of the Public Records of Miami Dade County, Florida. 3. Right of Way Easement in favor of Southern Bell Telephone and Telegraph Company recorded July 25 , 1988 in Official Records Book 13758, Page 1848, of the Public Records of Miami-Dade County, Florida. 4. Declaration of Restrictive Covenants recorded July 13, 2011 in Official Records Book 27754, Page 3724, of the Public Records of Miami-Dade County, Florida. 0G-h.\)~y 5. Declaration of Covenants and Restrictions recorded geptember .1., 2012 in Official Records Book'2il2'l'\, Page 4B51 , of the Public Records of Miami-Dade County, Florida. MIAMI/4282029.9 Book28299/Page4901 CFN#20120707599 Page 4 of 5 OR BK 28299 PG 4902 LAST PAGE EXHIBIT C 1. The "Blue and White Tower" and the "Jewel Box" buildings have been designated as historic and are located on a portion of the Property more particularly described below (the "Historic Property"): A portion of Lots 7,8,9, 10,11 and 12, lying west of the existing westerly right-of-way line of Biscayne Boulevard, all in Block 1 of "Bayonne Subdivision" according to the plat thereof, as recorded in Plat Book 2, at Page 35 of the Public Records of Miami-Dade County, Florida, more particularly described as follows: Beginning at the point of intersection of the westerly right-of-way line of Biscayne Boulevard with the north right-of-way line of NE 21st Street; thence South 89° 59' 02" West along the north right-of-way line of said NE 21st Street for 339.78 feet to a point of intersection with the west face of an existing C.B.S. wall running north-south; thence North 00° 02' 58" West departing the previously described right-of-way line and along the west face of said wall, for 136.95 feet to a point of intersection with the north face of an existing C.B.S. wall running east west; thence North 89° 58' 02" East along the previously described north face of said wall and its easterly extension, for 342.59 feet to the point of intersection with the westerly right-of-way line of Biscayne Boulevard, thence South 01 ° 07' 30" West, along the previously described right-of-way line, for 137.07 feet to the Point of Beginning. Containing 46,741 square feet more or less or 1.07 acres. 2. The City Code of Ordinances for the City of Miami allows for the transfer of stranded development rights associated with the Historic Property (i.e., the development rights associated with the Historic Property, less the square footage of the improvements already constructed thereon) (the "Stranded Development Rights"). The development rights for the Historic Property are calculated by multiplying 46,741 square feet (the square footage for the Historic Property) times the FLR of 12 to arrive at 560,892 square feet of development rights. The 78,496 square feet of improvements already constructed on the Historic Property are subtracted from the development rights for the Historic Property, leaving a difference of 482,396 square feet as the Stranded Development Rights (the amount of said square footage is subject to confirmation by the City of Miami). MlAMU4282029.9 2 Book28299/Page4902 CFN#20120707599 Page 5 of 5 /;LIIJII4UC&lfll, Tract 'A' • 1./ 1. A._!DI7~ "YOUNG ART FOUNDATION" "_u:./f~(atUJ 'TsrTallOva 8/scayTIBI4 ) .1'.1 '-'-UPW_.-.u;I BEING A RCPLAT OF A PORTION OF BLOCK t. -BAYONNE SUBDMSIDN. - PlAT ilij ! ).. '-'-UJHrf'OSTt-uJ (PlatBook 1!if1. Page , J__ II! ~ " "_u:./ff'OST~) ~£2jtAgTH35bFANlli lJjf[JP'k!JmZ~OC6$- ~1,J/J?gtlEt~&.Tnegm u,~ . ~:.~ t::;-: ~~ : i ::~ -~" .,. -..""'-..-..- -~~ ~ -~-~ .... - ... . ~~",.~...!'" .. ~. " ~-~-~ .... ~~~ --....,.. -~~~- --- ~ ,, ~ -,-~- ... ~::!~ ~t§i~t ~-~. ~~ ,,~ :::~ ;;~=~ - ~ - 1'/ -- ,,§~ - ~~~- ~ 1I1111111111 111 .,' ! .. ~w., : ~ ,~~ __ """2:~ c=~ - !! Lot 3 i" • 8/ock2 • BayYf6w Add/lJon : ~ .f.~ · ~ . ~ ",_ ;. ,;0 .:~:::...... ::..... •• ~I E~~f;~~~~~ ::::=::3~~=2;=::"- To MI8mI , Lot 6 Lot 5 =:'",! H~ (Plat Book S. Pags 107 'If AJ-6073 K:\305342\BACARDI-CITY OF MIAMI DATUM\dwg\Bacardi-Ci ty Datum.dwg / '"w I~;i I~al ~ ...w ~:Ii .':o! !~~I l> ;9 '"n l> i~li S2 Ili~ II " ~~: a~ ::;n -< "" ~ :;: s;: ~ 0 lid l> l'lli --i c .§: a. Ii. ::ii l 9:n ~. ~ a.~ ::ii <0 TENTATIVE PLAT Prtp S«1JonJa To~5JSo.JthRrJrtg.UfMt. /Ia h ~ ii ; ~ =t1 f, -i . i~H: -~".~ ~t~ .'-~ .~tH, ~ .~'H -i ~ ------ '. . .-.,,;. \.. &ru IN~~ ",5«10. If-I9!:\ NoM'atdtI"SI(~1 IIIdrIU " ... ~ " ~ "@ ~~~~ ' :....._ .__ . .-;.. ... _ _ J--::l'._..:;...... :.. _0 ______.... _~ _(3).:.~ __!~ <<1) '":;;"- ~ Lot 6 ------~~------!rf~ \ ~ ...... 1'> • \ \ ,_L_,\ ~ I ~, I ~ 1:-')' i I ~ If? "'it I 2 I «~ ~ Ii I "' 1 L~ I i9. -- - BOUNDARY SURVEY Pr6pa«iFor. JkrliDnd FDUIdotion For AtAOJc«TItrJt it The Arts. nc. 777 BrJct611 A~ Suit, J70 -,"";,;, ;UI31 S«tbJ JQ TollNi\P.13 Scalth, Rmg. .Q fOft. Qly of J6:mI. 1IIanI-/JadI Cowl!", FJorldo