HomeMy WebLinkAboutexhibit4OPINION OF TITLE
To: CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida
With the understanding that this opinion of title is furnished to CITY OF MIAMI, FLORIDA, in
compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed
final subdivision plat covering the real property hereinafter described, it is hereby certified that we have
examined Commitment for Title Insurance Number 52199152LA issued by Lawyers Title Insurance
Corporation, with an effective date of January 5, 2005 at 8:00 a.m. (the "Title Evidence"), which title
information covers the period from the beginning through January 5, 2005, at 8:00 a.m. with respect to
the following described real property (collectively, the "Property"):
See Exhibit "A" attached hereto.
Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of the
opinion that on the last mentioned date, January 5, 2005 at 8:00 a.m., the fee simple title to the Property
was vested in:
Tuscan Place II Limited Partnership, a Florida limited partnership
Subject to the following liens, encumbrances, and other exceptions:
1. RECORDED MORTGAGES:
(a) Mortgage in favor of The Gatehouse Group LLC, a Massachusetts limited
liability company, recorded in Official Records Book 21901, Page 1601.
2. RECORDED MECHANICS LIENS, CONTRACT LIENS AND JUDGMENTS:
None.
3. GENERAL EXCEPTIONS:
(a) All taxes for 2005 and subsequent years.
(b) Rights or claims of parties other than the above owners who are in possession.
(c) Facts that would be disclosed upon accurate survey.
(d) Any unrecorded laborers', mechanics' or materialmens' liens.
(e) Zoning and other restrictions imposed by governmental authority.
4. SPECIAL EXCEPTIONS:
(a) Restrictions, dedications and easements as shown on the Plat of Adriance Square
recorded in Plat Book 16, Page 14.
(b) Restrictions, dedications and easements as shown on the Plat of North of The City of
Miami, Florida recorded in Plat Book B, Page 41.
(c)
Miami Zoning Board Resolution No. 2003-0675, recorded in Official Records Book
21239, Page 3159.
(d) Miami Zoning Board Resolution No. 2003-0676, recorded in Official Records Book
21239, Page 3162.
(f) Miami Zoning Board Resolution No. 2003-0778, recorded in Official Records Book
22015, Page 4306.
(g)
Miami Zoning Board Resolution No. 2003-0779, recorded in Official Records Book
22015, Page 4309.
(h) Declaration of Restrictive Covenants in Lieu of Unity of Title recorded in Official
Records Book 22498, Page 1130.
(i)
Declaration of Restrictive Covenants and Easements between Tuscan Place Limited
Partnership and Tuscan Place II Limited Partnership recorded in Official Records Book
22498, Page 1521.
(j) Miami Zoning Board Resolution No. 2004-0905 recorded in Official Records Book
22587, Page 2605.
All of the recording information contained herein refers to the Public Records
of Miami -Dade County, Florida.
Therefore, it is our opinion that the following parties must join in the platting of the
above described real property in order to grant City of Miami, Florida and the public, a good and
proper title to the dedicated areas shown on the final plat of the aforedescribed property, the
subdivision thereof to be known as TUSCAN PLACE.
NAME
Tuscan Place II Limited Partnership,
a Florida limited partnership
INTEREST RECORDED
MORTGAGES NO.
Fee Simple Title N/A
Owner
The Gatehouse Group LLC, a Mortgagee 1.(a).
Massachusetts limited liability company
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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
26th day of January, 2005
STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON, P.A.
By:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
Brian J.cDonough
Florida : ar No.: 0337927
The foregoing instrument was acknowledged before me this 26th day of January, 2005 by
Brian J. McDonough, personally known to me and did take an oath.
Terry M. Lovell
+ My Commleeion D0198579
a Expires March 31, 2007
G:1W-TMI.1348770691opinionslopinion city of miami v3.wpd
Print Name
Notary Public, State of Florida
Commission No.
My Commission Expires:
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