HomeMy WebLinkAboutExhibit6A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A
Office File Number
(REV. 12/10/02
1. Policy or Policies to be issued:
LEASEHOLD OWNER'S POLICY 1992
with Florida Modifications
Proposed Insured;
Effective Date
June 9, 2002
at11:00 PM
300204602'
Commitment Number
16657.0004
To be determined
Flagstone Island Gardens LLC, a Delaware limited liability company
2. The estate or interest in the land described or referred to in this Commitment and covered
herein is FeO Simple. and title thereto is at the effective date hereof vested in:
The City of Miami, a municipal corporation (Fee Titleholder)
3. The Land is described as follows:
PARCEL 1:
AICA EXHI BIT A-1
Commence at a point shown marked by an 5/8" diameter iron rod and Cap Stamped
F.D.O.T., shown as P,T. Ste. 26+50 on the "Official Map of Location and Survey of a portion
of Section 8706, designated as part of State Road A-1-A In Dade County, Florida', prepared.
by the State Road Department of the State of Florida, as recorded in Map Book 56, at Page
71 of the Public Records of Dade County. Florida. Said point being the point of tangency of
the original center line of the Douglas MacArthur Causeway running Easterly and South
Easterly from the Westerly limits (West Bridge) of Watson Island as shown on Sheet 3 of
the State Road Department Right -of -Way Map, Section No. (8706-112) 87060-2117,
revised March 25, 1959. said most Northerly curve having a radius of 1432.69 feet and a
central angle of 62° 00' 00 seconds' ; thence South 59" 51' 26" West departing radially from
said centerline a distance of 987.36 feet to a Projected Bulkhead line; thence North 17° 12'
21" West along said bulkhead line, a distance of 238.86 feet to the point and place of
beginning; thence North 17* 12' 21' West continuing along said bulkhead line a distance of
924.70 feet to the Southerly right of way line of State Road A-1-A Douglas MacArthur
Causeway; thence along said Southerly right of way line the following courses and
distances; South 89' 10' 55' East, a distance of 73.08 feet; thence North 86' 44' 00' East, a
distance of 67.09 feet to non -tangent curve concave to the Northeast whose radial line
bears North 39. 29' 18' East having a radius of 160.00 feet and central angle of 22° 09' 33";
thence along said curve an arc length of 51.88 feet; thence South 72° 40' 15" East
continuing along said Southerly right of way line a distance of 276.49 feet; to a curve
concave to the Southwest having a radius of 600.00 feet and central angel of 46' 17' 39'
Nbte: This Commitment consists of insert pages labeled in Schedule A,
Schedule t3-Section 1, end Schedule 8-Section 2. This Commitment is of no
force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
MR uss se
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 1
Commitment Number
The following are requirements to be complied with:
Instrument(s) necessary to create the estate or interest to be insured must
be properly executed, delivered and duly filed for record.
a) Recordation of Lease or Memorandum thereof by and between•the City
of Miami and Flagstone Island Gardens LLC. a Delaware limited liability
com pant
NOTE: The Company must be provided with a copy of the proposed Lease
Agreement and Memorandum thereof and reserves the right to add
requirements and/or exceptions.
Payment of the full consideration to, or for the account of. the grantors or
mortgagors. -
3 Payment of all taxes, charges, assessments, levied and assessed against
subject premises, which are due and payable.
4 Proof of payment of real property taxes for the year 2001 and all years
• prior thereto.
Proof of payment of any and all municipal liens which may be due and
payable. and liens for water. sewer and gas service.
6 INTENTIONALLY DELETED.
7 Upon receipt of a Non -Lien and Possession Affidavit pursuant to Chapter
627.7842 Florida Statutes all exception es to mechanic's liens and persons
in possession shall be deleted. The Policies issued hereunder will be
subject to a Special Exception for the rights of parties disclosed by said
affidavit.
Proof of proper incorporation and continued good standing of the Proposed
Insured and a resolution authorizing the execution of the lease or
memorandum of lease required at Item No. 1(a) above.
Waiver of deed restrictions set forth in that deed from The Trustees of the
Internal Improvement Fund ('T11F') Deed No. 190447, filed April 11, 1949 In
Deed Book 3130, page 257, Clerk's File No. Y-29610, and release of the
right of entry with respect to the oil, gas and mineral reservations set forth
in the deed.
10 INTENTIONALLY DELETED.
11
ARM VIM SE
Resolution from the City of Miami authorizing the lease and a letter from
the City of Miami attorney confirming compliance with the City of Miami
charter and all other applicable laws regarding the alienation of city
property.
300204602
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE 13 - Section 1
12 The amount of requested insurance must be furnished and this
Commitment is subject to such further requirements and/or exceptions as
may then be deemed necessary.
13 Affidavit from City of Miami that the Lease recorded in Deed Book 2779,
Page 390 has expired and is no longer in effect.
14 LLC requirement for Flagstone Island Gardens LLC, a Delaware limited
liability company along with authorization to transact business in Florida.
15 Termination of that Dedication filed March 20, 1980 in Official Records
Book 10695, Page 264 of the Public Records of Miami - Dade County,
Florida.
16 Release or termination of Deed Restrictions, conditionally waiving deed
restrictions at Deed Book 3130, Page 257, filed March 20, 1980 in Official
Records Book 10696, Page 270:
proof that the Lease for the use of the "Asphalt Helicopter Landing Pad"
has been terminated and that no party has the right to use said landing
pad.
17
Note: Landing Pad depicted on survey.
NOTE: All of the recording information contained herein refers to the Public
Records of Miami -Dade County. Florida, unless otherwise indicated.
End of Schedule B - Section 1
300204602
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 2
Commitment Number
300204602
Schedule B of the policy or policies to be issued will contain exceptions to the
following matters unless the same are disposed of to the satisfaction of the
Company.
•
Defects, liens. encumbrances, adverse claims or other matters, if any,
created, first appearing in the. Public Records or attaching subsequent to
the effective date hereof btyt prior to the date the proposed Insured
acquires for value of record' the estate or interest or mortgage thereon
covered by this Commitment..
2 Standard Exceptions:
a, Rights or claims of parties in possession not shown by the Public
Records.
b. iNTENTIONALLY DELETED
c. INTENTIONALLY DELETED .
d. Any lien, or right to a lien, for service, labor, or materiel heretofore or
hereafter furnished, Imposed by law and not shown by the Public Records.
e. Taxes or special assessments which are not shown as existing liens by
the Public Records.
f. Any claim that any portion of said lands are sovereign lands of the State
of Florida, including submerged, filled or artificially exposed lands and
lands accreted to such lands.
g. Taxes and assessments for the year 2001 and subsequent years.
3 Standard exceptions (b) and (c) may be removed from the policy when a
satisfactory survey and surveyor's report and inspection of the premises is
made.
4 Standard exceptions (a) and (d) may be removed upon receipt of a
satisfactory affidavit -indemnity from the party shown in title and in
possession stating who is In possession of the lands and whether there
are improvements being made et date of commitment or contemplated to
commence prior to the date of closing, which will not have been paid for In
full prior to the closing.
Bulkhead line as shown on the plat recorded in Plat Book 74, Page 4.
The property herein described being artificially filled land in what was
formerly navigable water is subject to any and all rights of the United
States government arising by reasons of the United States government
control over navigable waters In the interest of navigation and commerce.
7 Oil, gas and mineral reservations as set forth in that Deed from The
Trustees of the Internal Improvement Fund to the City of Miami, filed April
11, 1949 in Deed Book 3130, page 257 and under Clerk's File No. Y 29610.
Note: The right of entry has been released pursuant to [ to be filled in 7.
8 Agreement for Water Facilities filed March 13, 1998, in Official Records
Book 18016, Page 2892.
NOTE: On loan policies, junior and subordinate matters. If any, will not be reflected in Schedule 6.
0482 499 se
300204602
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 2
9 Agreement for Sanitary Sewage Facilities flied April 14, 1998, in Official
Records Book 18058, Page 112.
' 10 Resolution No. 98-23, filed January 19, 1999 in Official Records Book
18699, Page.1236.
11 INTENTIONALLY DELETED.
12 INTENTIONALLY DELETED.
13 INTENTIONALLY DELETED.
14 Easement in favor of the United States of America set forth in that Grant of
Easement for Miami Harbor Turning Basin, filed April 22, 1963, In Official
Records Book 3622. Page 751.
15 INTENTIONALLY DELETED.
16 INTENTIONALLY DELETED.
17 INTENTIONALLY DELETED.
18 INTENTIONALLY DELETED.
19 INTENTIONALLY DELETED.
20 Terms and conditions of that Lease executed by end between the City of
Miami and Flagstone Island Gardens LLC, a Delaware limited liability
company, dated __.. and filed _ in Official Records Book , Page
21 INTENTIONALLY DELETED.
22 Perpetual Easement in favor of the Florida Department of Transportation
filed March 13. 1998 in Official Records Book 18018, Page 1181.
23 The survey drawn by Weidener Surveying and Mapping PA under Project
# 1712, dated July 11, 2002 discloses encroachment of curbing onto that
FOOT Easement in Official Records Book 18018. page 1 181 at the
Northern portion of the property along with any easements arising from
those sanitary sewer manholes, sanitary sewer line, overhead utilities,
water lines and light poles 'running throughout the upland paved.
Informational Note:
Terms of Biscayne Bay Management Plan filed May 29, 1981 In Official
Records Book 11114. page 822 and under Clerk's File No. 81R-143810.
Note: Standard Exception 2(f) of Schedule B - Section 2 is hereby deleted.
Note: The following endorsements will be issued with the final policies:
LOAN:
NOTE: On loan policlec, junior and subordlnale matlers, 1t any, will not be reflected In Schedule B.
Me2 499 Si
300204602
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 2
Navigational Servitude
ALTA 13.1
OWNER:
ALTA13
Navigational Servitude
End of Schedule B - Section 2
NOTE: On loan policies, Junior and subordlnala matters, If any, will not be reflected In Schedule B.
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