HomeMy WebLinkAboutRevised Opinion of TitleMr. Anel Rodriguez
Administrative Assistant II
City of Miami
444 SW 2nd Avenue
7`" Floor
Miami, Florida 33130
August 15, 2006
opment Associates, Ltd.
iris V. Escarra
TeL (3O5) 579-677
Fax (305) 961-577
escerrai tl 9tlaw.crn
Dear Anel:
Enclosed please find the original "Updated" Opinion of Title for the above
referenced matter. Please do not hesitate to contact me with any questions, you may have.
Enclosure
Sincerely,
MIA-FS I IESCARRAP,18 I 5899v0 I INDWROt .DOC18/15/O5\S9749.010200
1221
OTH OUSSO TSMAN
Leonardo A. Roth
Mark Rousso
Mark Katsman
Barbara J, Riesberg
Robin I. Wiliner*
George A, Minski
Julian F. Montero
Darin W. Mellinger
r wilda Esteras
Arianna Goldman
Jessica !Feiss"
Marianne Rahm
Steven M. Reisman
David A. Silk
'Also admitted in Colorado
"Also admitted in New York
Ur" A3 QRNEYS AT L:fW/
Main office
18851 N.E. 20`e' Avenue, Suite S i .ventura, FL 33130
Phone: (786) 279-0000 l ax: (786) 2 99-0001
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Orlando office
12701 S. John Young Pkwy. Suite 211
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Phone: (407) 438-4640 Fax (407) 47,,8-1990
"UPDATED"
City of Miami
Opinion of Title
To: City of Miami, a municipal corporation
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 the complete Abstract of Title completely covering the
period from the beginning to July 05, 2006 at 8:00 a.m., inclusive, of the following described real
property:
Lots 5 through 11 inclusive, Block 11, MIRAMAR, according to the Plat thereof,
as recorded in Plat Book 5, Page 41, Public Records of Dade County, Florida
("Parcel 1").
together with;
Lots 12, 13 and 14, Block 11 of Third Amended Plat of MIRAMAR, according to the Plat
thereof, as recorded in Plat Book 5, at Page 41, Public Records of Dade County, Florida
("Parcel II").
All lying and being in section 31, Township 53 South, Range 42 East, City of Miami, Miami -
Dade County, Florida.
Basing our opinion on said complete abstract covering said period, we are of the opinion that
on the last mentioned date the fee simple title to the above described real property was vested in:
Urbana Development Associates, Ltd., a Florida limited partnership.
Associated C3ices: Buenos Aires - Caracas - New York
City of Miami
August 14, 2006
Page 2
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS FOR PARCELS I AND II:
1. All taxes for the year 2006 and subsequent years.
2. Rights of parties in possession other than the above owner.
3. Facts that would be disclosed by an accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS:
As to Parcel I:
6. Mortgage in favor of Commercial Bank of Florida dated February 15, 2006, recorded
February 27, 2006, in Official Records Book 24269, at Page 2707 of the Public
Records of Miami -Dade County, Florida, in the original principal amount of
$2,275,000.00.
7 A. Restrictions, covenants, conditions and easements as contained on the Plat of
MIRAMAR recorded in Plat Book 5, Page 4 of the Public Records of Miami -
Dade County, Florida.
B. Resolutions and Ordinances of the Board of County Commissioners of Dade
County, Florida recorded in Official Records Book 1114, Page 822; Official
Records Book 12923, Page 2618; Official Records Book 12923, Page 2622;
Official Records Book 14258, Page 2399; Official Records Book 14646,
Page 2513; Official Records Book 15168, Page 2413; Official Records Book
15615, Page 1652; Official Records Book 16035, Page 3996; Official
Records Book 16478, Page 1048; Official Records Book 16872, Page 1634
and Official Records Book 17326, Page 2605, all of the Public Records of
Miami -Dade County, Florida.
As to Parcel II:
City of Miami
August 14, 2006
Page 3
8. Mortgage in favor of Raymond A. Klein, as Trustee of the Raymond A. Klein Trust,
under instrument dated April 27, 1992; Ray K. Properties, Inc., a Florida corporation
and S & S Eatery, Inc., a Florida corporation, dated July 15, 2005, and recorded July
22, 2005, in Official Records Book 23600, at Page 1560, of the Public Records of
Miami -Dade County, Florida in the original principal amount of $6,500,000.00; said
mortgage was subsequently assigned by that certain Collateral Assignment of
Mortgage in favor of Coconut Grove Bank, dated April 4, 2006, recorded April 26,
2006 in Official Records Book 24463, at Page 623 of the Public Records of Miami -
Dade County, Florida.
9. Restrictions, covenants, conditions and easements as contained on the Plat of "Third
Amended Plat of Miramar" recorded in Plat Book 5, Page 4, of the Public Records
of Miami -Dade County, Florida.
10. 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 "A" attached hereto
(the "Street"), we have examined the Florida Statutes and have determined that
Section 177.085(1) of the Florida Statues (the "Statute") reads as follows:
"When any owner of land subdivides the land and dedicates streets, other
roadways, alleys or similar strips on the map or plat, and the dedication
contains a provision that the reversionary interest in the street, roadway, alley
or other similar strip is reserved unto the dedicator or his or her heirs,
successors, assigns, or legal representative, or similar language, and thereafter
conveys abutting lots or tracts, the conveyance shall carry the reversionary
interest in the abutting street to the centerline or other appropriate boundary,
unless the owner clearly provides otherwise in the conveyance."
Based upon the presumption that all proper and appropriate steps have been
taken to close the Street, the presumption that none of the deeds in the chain
of title of the abutting land contained a personal reversionary interest in the
abutting streets, and further presumption that none of the plats as described
herein contained a personal reversionary interest, or required the joinder of
any other parties, it is our opinion that by virtue of the conditions set forth in
the Statute, the Street to be vacated has become the property of the abutting
land owners to the centerline on each side.
City of Miarni
August 14, 2006
Page 4
I HEREBY CERTIFY that I have reviewed all the aforementioned
encumbrances and exceptions.
Therefore, it is my 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 afore -described property, the
subdivision thereof to be known as:
Name Interest Special Exception Number
As to Parcel I:
Urbana Development Associates, Ltd. Owner NIA
Commercial Bank of Florida Mortgagee 6
As to Parcel II:
Urbana Development Associates, Ltd. Owner N/A
Raymond A. Klein, individually Mortgagee 8
Raymond A. Klein, Trustee of the
Raymond A. Klein Trust
S & S Eatery, Inc.
Coconut Grove Bank
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 agreement.
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, ' day of August, 2006,
ROTH, ROUSSO & KATSMAN, LLP
Robin I. Willner, Esquire
Florida Bar Number 740901
18851 NE 29th Avenue, Suite 900
Aventura, FL 33180