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Resolution 2018-30563 RESOLUTION NO. 2018-30563 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, APPROVING A REVOCABLE PERMIT REQUEST BY SABER 1800 ALTON, LLC., OWNER OF THE BUILDING LOCATED AT 1824 ALTON ROAD, MIAMI BEACH, TO ALLOW THE INSTALLATION OF A CANOPY AWNING ALONG THE FACADE OF 18TH STREET THAT WILL ENCROACH APPROXIMATELY 8 1/2" OVER THE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. WHEREAS, Saber 1800 Alton LLC., ("Applicant") is the owner of the property located at 1824 Alton Road ("Property") in Miami Beach, and is requesting a revocable permit to allow the encroachment of an awning along the facade of 18th Street that will encroach, approximately 8 W into the City's Right-of-Way, by an overhang on the exterior of the approved building along 18th Street; and WHEREAS, pursuant to Section 82-93(a) of the City Code, on September 12, 2018, the City Commission scheduled the public hearing for October 17, 2018, to consider the request for a revocable permit; and WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria: (1) That the applicant's need is substantial. (2) That the applicant holds title to an abutting property. (3) That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws. (4) That the grant of such application will have no adverse effect on governmental/utility easements and uses on the property. (5) Alternatively: a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land, structure or building for which the revocable permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or building involved and are not generally applicable to other lands, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building; or b. That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. (6) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. (7) That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. In order to grant a revocable permit, the City Commission must make an affirmative finding with respect to each of the criteria set forth above. These findings may be made by one motion addressed to all findings or, at the request of any member of the Commission, a finding or findings shall be considered separately. The findings shall be made prior to the vote on the application. The revocable permit application shall be considered as a whole unless any member of the City Commission shall request that the application be considered in parts, in which event the application shall be considered in such parts as requested. In light of the particular circumstances involved with each separate revocable permit request, the grant of any revocable permit shall not constitute or be deemed a precedent for the grant of any other revocable permit; and WHEREAS, the Mayor and City Commission, based upon the recommendation and analysis completed by the Public Works Department, find that the criteria of Section 82-94, of the City Code, as contained in the cover memorandum to this Resolution, which findings are incorporated by reference herein, have been complied with, and the revocable permit request should be granted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission following a duly noticed Public Hearing, hereby approve a revocable permit request by Saber 1800 Alton, LLC., owner of the building located at 1824 Alton Road, Miami Beach, to allow the installation of a canopy awning along the façade of 18th Street that will encroach approximately 8 1/2" over the public right-of-way; and authorize the Mayor and City Clerk to execute the revocable permit. PASSED and ADOPTED this 17th day of October, 2018. ATTEST: lieG Dan Gelber, Mayor /al ICS/a/Y Rafael E. Granado, City Clerk ®`‘ T--- APPROVED AS TO My .,BB .N. FORM & LANGUAGE i \P ' ::..-q - & FOR EXECUTION rim:. �, 0 ` r yt :' iG 3 : if C0�4PI CRATED? * cityAaorsey Date �y. Cif-,, , 26, -- Resolutions - R7 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 17, 2018 2:35 p.m. Public Hearing SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, APPROVING A REVOCABLE PERMIT REQUEST BY SABER 1800 ALTON, LLC., OWNER OF THE BUILDING LOCATED AT 1824 ALTON ROAD, MIAMI BEACH, TO ALLOW THE INSTALLATION OF A CANOPY AWNING ALONG THE FACADE OF 18TH STREET THAT WILL ENCROACH APPROXIMATELY 8 1/2" OVER THE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. RECOMMENDATION The Administration recommends approving the Resolution on Second Reading Public Hearing. ANALYSIS Saber 1800 Alton, LLC., (Applicant) is the owner of the property located at 1824 Alton Road (Property) in Miami Beach, and is requesting a revocable permit to allow the encroachment of an awning along 18th Street that will encroach, approximately 8 Y" into the City's Right-of-Way, by an overhang on the exterior of the approved building along 18th Street. This permit request is compliant with development approvals granted by the Planning Board (PB) on January 26, 2016 and Design Review Board (DRB) on March 1, 2016, October 10, 2016 and Supplement Order on February 6, 2017 (Prior Orders). The Property, which is identified by Miami Dade Tax Folio No. 02-3233-012-0130, is located at the northwest corner of Alton Road and 18th Street. Pursuant to the City's Zoning Map, the Property is zoned CD-2, Commercial Medium Intensity District, and is not located within a Local Historic District. Pursuant to PB Order PB16-2293 and DRB Order DRB16-23233, a 4-story structure consisting of two (2) commercial levels and structured parking has been approved at the Property, and the Property is currently in the final stages of construction. The approved design requires an 8 %' encroachment into the abutting public right-of-way along 18th Street with a minimum clearance of 14' — 3". The 18th Street facade provides an overhang which extends 8 Y" (less than a foot) from the building facade for a length of approximately 80'—0". Pursuant to Section 82-93(a), of the City Code, on September 12, 2018, the City Commission scheduled the public hearing for October 17, 2018, to consider the request for a revocable permit and, additionally, in accordance with Section 82-93(b), of the City Code, to mail notice of the public hearing to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the Page 885 of 1637 public hearing; and Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria: (1) The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to comply with the plans approved through Prior Orders. Additionally, the proposed overhang encroachment will support the necessary signage for the new building. Signage is a critical component of any business'success. The success of any business relies, in part, on providing signage that is clearly visible and identifiable. The Property is also located in an area where vehicular traffic is prominent. Therefore, visible signage is critical. The proposed signage complies with all City regulations and provides the necessary visibility to make this a successful site. Part of the success of this project requires viable tenants that are prepared to make a long term commitment to Miami Beach. In order for those tenants to succeed in this City they will need visibility and name recognition. The proposed signage meets all the requirements of the Code and affords the tenant visibility for vehicular and pedestrian traffic and provides brand recognition, which draws in clientele. The revocable permit will allow for an overhang to slightly encroach on the City's right-of- way and in turn permit the provision of necessary visible signage. (2) The Applicant holds title to an abutting property. The Applicant owns the Property as evidence in the attached Opinion of Title. 3) The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The proposed overhang will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the DRB and PB approvals. The Applicant has requested a revocable permit to ensure that the encroachment of the required overhang complies with the applicable regulations. (4) The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the Property with the approved design. The encroachments will be installed at an approximate height, allowing for a minimum clearance of 14' — 3", which permits free pedestrian passage below the overhang and does not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the Property. (5) Alternatively: a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land, structure or building for which the revocable permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or building involved and are not generally applicable to other lands, structures or buildings in the same zoning district and the grant of the application is the ninimum that will allow reasonable use of the land, structures or building; or Page 886 of 1637 b. That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the redevelopment of the Property as approved by the DRB and PB. The approved development will make better use of the Property by providing for needed retail use in the area and improving the pedestrian experience of the neighborhood. (6) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. (7) That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. In order to grant a revocable permit, the city commission must make an affirmative finding with respect to each of the criteria set forth above. These findings may be made by one motion addressed to all findings or, at the request of any member of the commission, a finding or findings shall be considered separately. The findings shall be made prior to the vote on the application. The revocable permit application shall be considered as a whole unless any member of the city commission shall request that the application be considered in parts, in which event the application shall be considered in such parts as requested. In light of the particular circumstances involved with each separate revocable permit request, the grant of any revocable permit shall not constitute or be deemed a precedent for the grant of any other revocable permit. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In actuality it will allow for an improved design upon the Property and a favorable use in the neighborhood. CONCLUSION The Administration recommends approving the Resolution on Second Reading Public Hearing. Legislative Tracking Public Works ATTACHMENTS: Description ❑ Revocable Permit Application o Letter of Intent/Analysis o Opinion of Title City of Miami Beach o Opinion of Title Saber 1800 Alton, LLC ❑ Plans ❑ Sketch & Legal Description ❑ FINAL FORM APPROVED RESO Page 887 of 1637 Page 888 of 1637 L CITY OF MIAMI BEACH APPLICATION FOR REVOCABLE PERMIT FILE NO: DATE: 1. NAME OF APPLICANT: Saber 1800 Alton, LLC 2. APPLICANTS ADDRESS: 20900 NE 30 Avenue,Suite 812,Aventura,FL 33180 3. APPLICANT'S BUSINESS TELEPHONE. 786-406-1762 RESIDENCE TELEPHONE: 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See ExhibitA 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT CITY PROPERTY: See Exhibit B 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES NO x IF SO, WHEN: FILE NO. OF PREVIOUS REQUEST: 7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: Applicant seeks a revocable permit to allow awnings to encroach approximately 8.5"onto the City's Properly as permitted by Section 142-1132(b)(1)of the City's Land Development Regulations. F:\WORK\$ALL\(l)EMPLOYEE FOLDERS\CAREY 0S13O1RtNE\Revocable Permits\Rcvooable permit form'RevocablePermitForm.doc Page I of3 Page 889 of 1637 8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES NO X IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: 9. NAME OF CONTRACTOR: ADDRESS: BUSINESS TELEPHONE: SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION ( SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY PROPERTY. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES. ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY. F:\WORK\BALL\(1)EMPLOYEE FOLDERS\CAREY OSNOURNEVtevocable PcrmilsU(ewvble pe,mil form\RevocablePermitFonn doc Paget of Page 890 of 1637 FILE NO. THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: , MIAMI BEACH, FL. INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS APPLICABLE,ALSO,IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST, COMPLETE THE LAST AFFIDAVIT. OWNER AFFIDAVIT I, ,being first duly sworn,depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that the answers to the questions in this application and all supplemental data attached to and made a part of the application are honest and true to the best of my knowledge and belief. SIGNATURE Sworn to and subscribed to before me this day of , 19_ NOTARY PUBLIC Commission Expires: Lt. ." CORP-ORATION AFFIDAVIT I• Michael Klinger 1,q p/vtary / ,being dulysworn,depose and say that we are the - : . of the aforesaid corporation,and as such,have been authorized by the corporation to file this application for public hearing; that all answers to the questions In said application and all supplemental data attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner of the property described herein and wr:• ' t e s •'-c� atter of the proposed hearing. RESIDENT'S SIGNATURE(CORP.SEAL) ATTEST: SECRETARY'S SIGNATURE Sworn to d subscribed to before me j this .s9day of�4 Q• , 43 3ORr 5'�• � . _ V btI rxuen NOTARY PUBLIC MYCOMMISSION#GG1 'Y. .ddW EXPIRES:MaMl 5,2022 Commission Expires: 03' OB-a.�- D "S210 Bonded 1h,u Notary Public UndemAers OWNER/POWER OF ATTORNEY AFFIDAVIT I, Michael Klinger ,being duly sworn,depose and say that lam owner of the described real property and that I am aware of the nature and effect of the request for this revocable permit,relative to my property,which is hereby made by me or I am hereby authorized Monika Entin and Bercow Bedell Fernandez and Larkin PLLC to be my legal representative before the City Commission. S, "Ni OWNE-'S SIGNATURE Sworn toand subscribed to before me this . lelw` day of /+NOS .,1-9..01?) �'rile/ARY PUBLIC Art,: 13ETYLLERENA Commission Expires: �'�' `''�— } MY COMM ISSION 9 61175999 %:k, 4/ EXPIRES:Mann 5,2022 . Sods Notary Public' Af�Lt°•' F:\WORK\SALL1(I)EMPLOYEE FOLDERS\CARET OSBOURNE\Revaabe mv' is n • r1 • •UtevocablePemtiWArm.doc Page 3 of Y g b9I BERCOW RADELL FERNANDEZ Et LARKIN ZONING, LANG, USE ANC ENVIRONMENTAL LAW DIRECT LINE:(305)377-6237 E-Mail. MEntin@BRZoningLaw.com VIA HAND DELIVERY &EMAIL August 6, 2018 Roy Coley, Director Public Works Department City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 Re: Revocable Permit Application for 1824 Alton Road, Miami Beach, Florida Dear Roy: As you know, this law firm represents Saber 1800 Alton, LLC (the "Applicant"), the owner of the property located at 1824 Alton Road (the "Property") in Miami Beach (the "Property"). Please consider this letter the Applicant's required letter of intent requesting City Commission approval of a Revocable Permit to permit an 8.5" encroachment into the City's right of way by an overhang on the exterior of the approved building along SW 18'h Street in compliance with development approvals granted by the Planning Board ("PB") on January 26,2016 and Design Review Board ("DRB") on March 1, 2016, October 10, 2016 and Supplemental Order on February 6, 2017 (the "Prior Orders"). See PB Order P816-2293, DRB Order File No. 23233 and DRB Supplemental Order DRB16-0048 attached. Property Description. The Property,which is identified by Miami-Dade Tax Folio No. 02-3233-012-0130, is located at the northwest corner of Alton Road and 18th Street. Pursuant to the City's Zoning Map, the Property is zoned CD-2, Commercial Medium Intensity District,and is not located within a Local Historic District. Approved Development. Pursuant to PB Order PB16-2293 and DRB Order DRB16-23233, a 4-story structure consisting of two (2) commercial levels and structured parking has been approved at the Property. The Property is currently in the final stages of construction. The approved design requires an 8.5" encroachment into the abutting public rights of way along 18'h Street. The 18'h Street façade provides an overhang which extends 8.5" (less than a foot)from the building façade for a length of approximately 80'. mN SOUTHEAST FINANCIAL CENTER•200 SOUFT1908GA{S I 1 ,ARD, SUITE 350•MIAMI, FLORIDA 33131 PHONE.305.374.5300•FAX.305.377.0222•WWW.eRZONINOIAW.COM Roy Coley, Director August 6, 2018 Page 2 of 4 See Plans attached. Accordingly, the Applicant seeks a Revocable Permit in accordance with Section 82-94 of the Code to allow this minor encroachment. Satisfaction of the Revocable Permit Criteria. The City Code provides the ability to obtain a revocable permit for encroachments into the public rights of way. The Applicant satisfies the revocable permit criteria stated in Section 82-94 of the City Code as follows: • The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to comply with the plans approved through the Prior Orders. Additionally, the proposed overhang encroachment will support the necessary signage for the new building. Signage is a critical component of any business' success. The success of any business relies, in part, on providing signage that is clearly visible and identifiable. The Property is also located in an area where vehicular traffic is prominent. Therefore,visible signage is critical. The proposed signage complies with all City regulations and provides the necessary visibility to make this a successful site. Part of the success of this project requires viable tenants that are prepared to make a long term commitment to Miami Beach. In order for those tenants to succeed in this City they need visibility and name recognition. The proposed signage meets all the requirements of the Code and affords the tenant visibility for vehicular and pedestrian traffic and provides the brand recognition,which draws in the clientele. The revocable permit will allow for an overhang to slightly encroach on the City's right of way and in '.. turn permit the provision of necessary visible signage. • The Applicant holds title to an abutting property. The Applicant owns the Property. • The proposed improvements will comply with applicable codes, ordinances,regulations,neighborhood plans and laws. The proposed overhang will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the DRB and PB approvals. The Applicant has requested a revocable permit to ensure that encroachment of the required overhang complies with the applicable regulations. BERCOW RADELL9t-ERNAND637 EZ IS LARKIN ZONING, LAND USE ANC. ENVIRONMENTAL LAW Roy Coley, Director August 6, 2018 Page 3 of 4 • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the Property with the approved design. The encroachments will be installed at an appropriate height, allowing for a minimum clearance of 14'3",which permits free pedestrian passage below the overhang and does not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the property. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the redevelopment of the Property as approved by the DRB and PB. The approved development will make better use of the Property by providing for needed retail use in the area and improving the pedestrian experience of the neighborhood. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. • That granting the revocable permit will be in harmony with the general intent and purpose of this article,and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood. Conclusion. The approval of this revocable permit application is necessary to successfully complete the redevelopment of the Property as provided by the DRB and PB approvals. We respectfully request your recommendation of approval for the revocable Page.a4 of 1637 BERCOW RADfLL tERNANDcZ LARKIN i ZONING. INO LSE ANO ENVIRONMENTAL L4W Roy Coley, Director August 6, 2018 Page 4 of 4 permit to allow the redevelopment of the Property. We believe that the granting of the revocable permit is compatible with the City's requirements and will ultimately result in a great improvement to the Property and the surrounding area. As always, we look forward to your favorable review. Should you have any questions, please do not hesitate to contact me at: (305) 377-6237. Sincerely, Monika H. Entin Attachments Pag95 of 1637 BERCOW RADELL F-ERNANDEZ & LARKIN ZONING. LANG VSE ANO ENVIRONMENTAL LAW OPINION OF TITLE To: City of Miami Beach With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement for acceptance of a Declaration of Use, Unity of Title, Declaration of Restrictions, Development Agreement or as an inducement for acceptance of a subdivision plat or tentative plat, covering the real property, or other land use approval hereinafter described, it is hereby certified that I have examined a Title Search Report from First American Title Insurance Company under File Number 1062-4092412-A, covering the period from the beginning to July 27, 2018 at 8:00 am, inclusive,of the following described property: COMMENCE AT THE SOUTHWEST CORNER OF LOT 2,BLOCK 12,OF ISLAND VIEW SUBDNI510N, ACCORDING To THE PLAT THERE F,AS RECORDED IN PLAT BOOK 6, PAGE 115,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FUORIDA&THENCE N08°011.1"E ALONG THE NORTH RIGHT-OF- WAY LINE OF 18TH STREET FOR A DISTANCE'OF 65.00 FEET TO THE POINT OF BEGINNING,THENCE C cNTINUE N38701'1 t"E ALONG THE NORTH R/W LINE OF 10TH STREET FOR A DISTANCE OF 80.00 FEET TO A PANT ON A NON-TANGENT CURVE CONCAVE TO THE N.W.AND WHICH RADIUS BEARS 1123037'59'W To THE CENTER.HAVING A CENTRAL ANGLE OF 31039Y0"AND A RADIUS of 10.00 FEE-, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.78 FEET TO A POINT OF TANGENCY,THENCE 508201 I1"W FOR A DISTANCE OF 76.31 FEET TO A POINT,THENCE N01°58'99"W FOR A DISTANCE trF 0.70 FEET Ti r A POINT OF BEGINNING,SAID LAND SITUATED,LYING AND BEING IN MIAMI-DADE COUNTY,FLORIDA. I am of the opinion, based solely on the above Title Search Report, that on the last mentioned date, the fee simple title to the above-described real property was vested in: The City of Miami Beach pursuant to the Plat recorded in Plat Book 6, Page 115, approved by Resolution No. 148 reflected on said Plat and as accepted by Resolution No. 4406 recorded in Book 1884, Page 501. Note: For Limited Partnership, Limited Liability Company or Joint Venture indicate parties comprising the Limited Partnership, Limited Liability Company or Joint Venture and identify who is authorized to execute. Subject to the following encumbrances, (If"none" please indicate): I. RECORDED MORTGAGES: NONE Therefore, it is my opinion that the following party must join in the proffered document in order to make it valid and binding on the lands described herein. Name Interest City of Miami Beach Fee Simple Owner MIAMI 5983377.1 82114/49636 Page 896 of 1637 Opinion of Title Page 2 I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable document. 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 good standing of The Florida Bar. Respectfully submitted this 15th day of August,2018. I ''� v S -v-n . Simon, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 Miami, Florida 33131 . Telephone: (305) 350-7221 Florida Bar No. 145105 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 15th day of August, 2018, by Steven W. Simon, who ( X ) is personally known to me or ( ) has produced , as identification. >Ge �{��Q�'� Notaryiie, State of Florida My Commission Expires: Ixrr ..., MARIAE.BATISTA r.co eAISSION I FF 182034 o. I xPIPES:Fabmary4,2019 d4\�'Vi comed12.2 Budget NWry Imi91 MIAMI 5963377.1 82114/49636 Page 897 of 1637 OPINION OF TITLE To: City of Miami Beach With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement for acceptance of a Declaration of Use, Unity of Title, Declaration of Restrictions, Development Agreement or as an inducement for acceptance of a subdivision plat or tentative plat, covering the real property, or other land use approval hereinafter described, it is hereby certified that I have examined a Title Search Report from First American Title Insurance Company Under File Number 1062-4092412, covering the period from the beginning to July 23, 2018 at 8:00 am, inclusive, of the following described property: Lots 1, 2 and 3, Block 12, of ISLAND VIEW SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at Page 115, of the Public Records of Miami-Dade County, Florida. I am of the opinion, based solely on the above Title Search Report, that on the last mentioned date, the fee simple title to the above-described real property was vested in: SABER 1800 ALTON,LLC, a Florida limited liability company (Michael G. Klinger is authorized to sign as Manager) Note: For Limited Partnership, Limited Liability Company or Joint Venture indicate parties comprising the Limited Partnership, Limited Liability Company or Joint Venture and identify who is authorized to execute. Subject to the following encumbrances, (If"none" please indicate): I. RECORDED MORTGAGES: Mortgage and Security Agreement in favor of FirstBank Puerto Rico, recorded April 3, 2017, in Official Records Book 30478, Page 3024, of the Public Records of Miami-Dade County, Florida. Therefore, it is my opinion that the following party(ies) must join in the proffered document in order to make it valid and binding on the lands described herein. Name Interest Saber 1800 Alton,LLC, a Florida limited liability company Fee Simple Owner Firstl3ank Puerto Rico Mortgagee MIAMI 5975045.1 82114/49630 Page 898 of 1637 Opinion of Title Page 2 I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable document. 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 good standing of The Florida Bar. Respectfully submitted this 8th day of August, 2018. Ste -n . Simon,Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 Miami, Florida 33131 Telephone: (305) 350-7221 Florida Bar No. 145105 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 8th day of August, 2018, by Steven W. Simon, who 0( ) is personally known to me or ( ) has produced , as identification. 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EXHIBIT "A" SURVEYOR'S NOTES I— DATE OF COMPLETION: 08-02-2018 II— ADDRESS AND FOLIO: 1824 ALTON RD Miami Beach, FL 33139 Folio Nos.: Folio: 02-3233-012-0130 III— LEGAL DESCRIPTION (SEE ATTACHED PAGE 3 OF 3) —THIS IS NOT A BOUNDARY SURVEY —BASIS OF BEARING IS AS PER THE CENTER LINE OF ALTON ROAD WITH AN ASSUMED BEARING OF N01'58'50"W —THE INTENT OF THIS EASEMENT IS FOR F.P.& L. IV— SURVEYOR'S CERTIFICATE: I hereby certify: That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said "Sketch to accompany Legal Description" meets the intent of the applicable provisions of the Standards of practice for Land Surveying in the State of Florida", pursuant to Rule 5J-17of the Florida Administrative .ode and its implementing law, Chapter 472.027 of the Florida Statutes. I 111 By: Rolando 0 iz Registered Surveyor and Mapper State of Florida LS4312 NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. 001111111,,, THE SURVEYOR HAS PROFESSIONAL LIABILITY INSURANCE \�����pNDO ��,,��� NO. 4312 ti * =0: S'.• STATE 6'r s��'•.F 3TC I , Inc __ LB7799 CSOURrIvOP.•°tigy . PROFESSIONAL LAND SURVEYORS AND MAPPERS .\i% •`���.. 12211 SW 129th CT. MIAMI FL 33186Pa.a,n,(. ,4 SHEET 1 OF 3 tel: 305-316-8474 fax: 305-378-1662 www.3tci.com SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A 80' X 0.70' OVERHANG SECTION 34, TOWNSHIP 53 S., RANGE 42 E. EXHIBIT "A" ABBREVIATIONS: 8.0.B. BASIS OF BEARINGS (i �� CE CENTER LINE y - M CITY MONUMENT LINE E EAST 0 20 40 N NORTH P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT SCALE: 1"=40' S SOUTH SEC. SECTION 1 P.B. PLAT BOOK 1 I W WEST i LOT 4, BLOCK 12 1 "ISLAND VIEW SUBDIVISION" 1 (PLAT BOOK 6, PAGE 115) i N88'01'11"E 160.00' 5— —1 ZIT') h I � _ I Y P- o�- LOT 3, BLOCK 12 `� a "ISLAND VIEW SUBDIVISION" Q i m (PLAT BOOK 6, PAGE 115) x(/. co o ■ rnano mi t o o - O ' 5 --- M N �" ml oW" _ __ _ ._ - _. _. _ Z ct 31 0 1 94 Q Pod `r)1 0 0 0 21 o w/ w • 00 li Z 0 i o� 0 1 cv o- ed 6-:to LOT 1, BLOCK 12 0 2�i E3°- bo LOT 2, BLOCK 12 3 'lo n 0 z 5 o `ISLAND VIEW SUBDIVISION" O c "ISLAND VIEW SUBDIVISION" co ,o "'a (PLAT BOOK 6, PAGE 115) 1 -W Y 0 (PLAT BOOK 6, PAGE 115) o a ;n NJ 5E o R=15.00 ' 4 \i I-Z �z L=23.66 Ton=15.00 -cA. X90'00'01" P.O.C. _ t ' S.W. CORNER OF 50'. LOT 2, BLOCK 12 P O.B. `co. N88"01'11"E 80.00' ` 1 ----_. N88"O1'11"E 65.00' S88'O1'11"W 76.31' R=10.00 0.70' L=3.78 N01"58'49"W Tan=1.91 1 4 C J, NORTH R/W LINE OF 18th STREET 6=-21'39'10" N88'01'11"E (13.0.8.) _________,----I__- 118th STREET 1 I 3TC 1 , Inc _ LB7799t3 PROFESSIONAL LAND SURVEYORS AND MAPPERS i\I%iA 1 221 1 SW 129th CT. MIAMI FL 33186 Pa":Ij '' SHEET 2 OF 3 tel: 305-316-8474 fax: 305-378-1662 www.3tci.com SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A 80' X 0.70' OVERHANG SECTION 34, TOWNSHIP 53 S., RANGE 42 E. EXHIBIT "A" LEGAL DESCRIPTION: COMMENCE AT THE SOUTHWEST CORNER OF LOT 2, BLOCK 12 OF ISLAND VIEW SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 115, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THENCE N88°01'11"E ALONG THE NORTH RIGHT-OF-WAY LINE OF 18th STREET FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE N88°01'11"E ALONG SAID NORTH R/W LINE OF 18th STREET FOR A DISTANCE OF 80.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE N.W. AND WHICH RADIUS BEARS N23°37'59"W TO THE CENTER, HAVING A CENTRAL ANGLE OF 31°39'10" AND A RADIUS OF 10.00 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.78 FEET TO A POINT OF TANGENCY, THENCE S88°01'11"W FOR A DISTANCE OF 76.31 FEET TO A POINT,THENCE N01°58'49"W FOR A DISTANCE OF 0.70 FEET TO THE POINT OF BEGINNING, SAID LAND SITUATED LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 56 SQUARE FEET MORE OR LESS. 3TC I , I n c _ LB7799 I� PROFESSIONAL LAND SURVEYORS AND MAPPERS .\I%••_ 12211 SW 129th CT. MIAMI FL 33186 Pasijl SHEET 3 OF 3 tel: 305-316-8474 fax: 305-378-1662 www.3tci.com