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HomeMy WebLinkAboutBack-Up DocumentsIN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT AND FOR MIAMI- DADE COUNTY, FLORIDA CASE NO. 2024-015926-CA-01 PATBE INVESTMENTS, LLC, a Florida limited liability company, Plaintiff, CITY OF MIAMI, a Municipal corporation of the State of Florida, Defendant. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of Said State: YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint for Quiet Title in this action on Defendant: CITY OF MIAMI City Clerk 3500 Pan American Drive Miami, Florida 33133 The Defendant is required to serve written defenses to the Complaint or Petition on Plaintiff's attorney: Maria A. Gralia, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 150 West Flagler Street, Suite 2200 Miami, Florida 33130 mg,raliae,stearnsvveaver.com within twenty (20) days after service of this Summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. CASE NO. 2024-015926-CA-01 DATED this day of AU Maria A. Gralia, Esq. Florida Bar No. 017825 STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 150 West Flagler Street, Suite 2200 Miami, Florida 33130 Telephone: 305-789-3200 taliasteammo aver.corn: Counsel for Plaintiff 3 2024. , 2024. JUAN FERNANDEZ-BARQUIN as Clerk of said rt 360 Deputy Cler AMERICANS WITH DISABILITIES ACT OF.1990 ADA NOTICE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW fist Avenue, Suite 2400, Miami, FL 33128, Telephone (305) 349-7175; t: D (305) 349-7174, Fax (305) 349-7355, Email: ADA ydll.fleourts.o at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711." #13015031 v1 Filing # 205256999 E-Filed 08/21/2024 02:42:23 PM IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT AND FOR MIAMI- DADE COUNTY, FLORIDA CASE NO. PATBE INVESTMENTS, LLC, a Florida limited liability company, Plaintiff, v. CITY OF MIAMI, a Municipal corporation of the State of Florida, Defendant. COMPLAINT FOR QUIET TITLE PATBE INVESTMENTS, LLC, a Florida limited liability company ("Plaintiff'), sues City of Miami, a municipal corporation and political subdivision of the State of Florida ("Defendant" or "City"), and alleges as follows: PARTIES, JURISDICTION, VENUE 1. This is an action to quiet title in real property located in Miami -Dade County, Florida, pursuant to FLA. STAT. § 65.061. 2. Plaintiff is a Florida limited liability company and owns real property located in the City of Miami, County of Miami -Dade County, Florida, which is at issue in this dispute. 3. Defendant is a municipal corporation and subdivision under the laws of the State of Florida and is located in the City of Miami, County of Miami -Dade, Florida. 4. The Property (as defined below) at issue in this litigation is located within Miami - Dade County, Florida. Thus, venue is proper in Miami -Dade County, Florida pursuant to FLA. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Museum Tower • 150 West Hagler Street, Suite 2200 • Miami, FL 33130 • (305) 789-3200 STAT. § 47.051, and this Court has jurisdiction over the subject matter of this action pursuant to FLA. STAT. § 26.012(2)(g). GENERAL ALLEGATIONS 5. Plaintiff has owned the property located at 2505 N. Miami Avenue, Miami, Florida 33127 (the "Property"), which is legally described as: Lot 2, less the East 5 Feet of Block 1, of ROSEWIN PARK, according to the Plat thereof, as recorded in Plat Book3, at Page 52 of the Public Records of Miami -Dade County, Florida. 6. Plaintiff is the owner of the Property, and obtained title by virtue of that certain Statutory Warranty Deed dated April 13, 2003, and recorded on April 30, 2003 at O.R. Book 21209, Page 3071 in the Public Records in and for Miami -Dade County, Florida. A true and correct copy of Plaintiffs Statutory Warranty Deed is attached hereto as Exhibit A. 7. At a Code Enforcement Board ("COE") hearing held on October 15, 2020, Plaintiff was found guilty of violating the following City Codes: (a) Parking on unimproved surfaces, Sec. 3.6.3, Miami 21 ("Parking Violation"), and (b) Failure to register a vacant lot with the City of Miami, Sec. 22-115, City of Miami Code of Ordinances ("Registration Violation"). 8. The COE issued a Final Administrative Enforcement Order ("Order") which required that Plaintiff cure the violations by October 15, 2020, or a daily fine of $250.00 would begin to accrue. 9. The Order was recorded on December 7, 2020 at O.R. Book 32225, Page 140 in the Public Records in and for Miami -Dade County, Florida against the Property. A true and correct copy of the Order is attached as Exhibit B. 10. Plaintiff immediately corrected the Parking Violation by informing the tenants of the adjacent building that they could no longer utilize the Property as overflow parking. 2 STEARNS WEAVER MILLERWEISSLER ALHADEFF & SITTERSON, P.A. Museum Tower ■ 150 West Flagler Street, Suite 2200 ■ Miami, FL 33130 ■ (305) 789-3200 11. Plaintiff also tried to register the vacant lot, but was unable to obtain any information from the NET office or the City of Miami due to closures at these offices caused by the COVID 19 pandemic. 12. Finally, on June 22, 2022, Plaintiff attempted to register the Property as a vacant lot by completing the vacant lot registration and Police form at the corresponding NET office. A copy of the completed Police form is attached as Exhibit C. 13. At that time, the City did not process the vacant lot registration as Plaintiff failed to notarize the form. 14. Upon discovering the error, Plaintiff resubmitted a completed vacant lot registration. 15. Plaintiff made diligent efforts to correct the violation. Unfortunately, this all occurred during the COVID-19 pandemic and it was difficult for Plaintiff's principal to schedule appointments or reach anyone at the City to obtain information on vacant lot registration. 16. Plaintiff's principal is elderly and his health was deteriorating during this time. He was under the impression that Executive Order 20-52 issued on May 9, 2020 by Governor DeSantis suspended all fines and penalties while the Executive Order was in effect. The Executive Order expired on June 26, 2021. 17. On June 23, 2022, the City certified that the violations that were subject to the Order were corrected, although they had been corrected much earlier. A true and correct copy of Affidavit of Compliance from Inspector Ramirez is attached as Exhibit D. 18. Section 2-817(d)(2) of Defendant's Code provides that mitigation is not available for violations that exceed 271 days to reach compliance except for the exceptions listed in 3 STEARNS WEAVER MILLER WEISSLERALHADEFF & SITTERSON, Museum Tower • 150 West Flagler Street, Suite 2200 • Miami, FL 33130 • (305) 789-3200 subsection (d)(4) of Defendant's Code. Plaintiff does not qualify under any of the exceptions. Accordingly, mitigation is not available to Plaintiff. 19. A lien in the amount of $154,000.00 exists on the Property. 20. Before filing this cause of action, Plaintiff communicated with Defendant in an attempt to mitigate the fines to no avail. 21. All conditions precedent have been completed before the filing of this cause of action. COUNT I — QUIET TITLE 22. Plaintiff incorporates and realleges each of the allegations contained in paragraphs 1 through 20 as if fully set forth herein. 23. This is an action to quiet title pursuant to FLA. STAT. § § 65.021 and 65.061. 24. Plaintiff owns and is the titleholder of the Property. 25. The Order imposed a lien on the Property. 26. Defendant may claim an adverse interest in the Property by virtue of the aforementioned lien. 27. Defendant does not have a lawful or legitimate interest in the Property, and any interest in the Property Defendant may claim to have, if any, clouds Plaintiff's title to the Property and is subordinate and inferior to the Plaintiff's right, title, and interest in the Property. 28. Plaintiff is authorized to bring an action to quiet title to the Property and to clear any cloud on its title. See Section 65.031, Florida Statutes ("[a]n action in chancery for quieting title to, or clearing a cloud from, land may be maintained in the name of the owner or of any prior owner who warranted the title."). 4 STEARNS WEAVER MILLERWEISSLER ALHADEFF & SITTER.SON, P.A. Museum Tower o 150 West Flagler Street, Suite 2200 ■ Miami, FL 33130 ■ (305) 789-3200 29. Plaintiff has a compelling interest in removing the cloud of title imposed by the Order and the lien because the title of the Property is currently unmarketable. WHEREFORE, Plaintiff respectfully requests that this Court enter a judgment in its favor and against Defendant: (i) extinguishing any right or claim that Defendant may have in the Property; (ii) removing any and all liens on title to the Property, (iii) cancelling Defendant's interests, if any, in the Property as a cloud on Plaintiff's title and thereby declaring that Plaintiff has marketable fee simple title to the Property free and clear of all liens from Defendant, (iv) awarding Plaintiff its costs incurred in obtaining the relief requested; and (v) granting such other and further relief as the Court deems just and proper. CERTIFICATE OF SERVICE I HERBY CERTIFY that on August 21, 2024, undersigned counsel has electronically filed the foregoing with the Clerk of the Court using the Florida Courts E-Filing Portal. I also certify that the foregoing document has been or will be served, along with the Civil Action Summons on Defendant. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Museum Tower, Suite 2200 150 West Flagler Street Miami, Florida 33130 Telephone: 305-789-3200 By: /s/Alejandro D. Rodriguez MARIA A. GRALIA Florida Bar No. 017825 mgralia@ stearnsweaver. corn ALEJANDRO D. RODRIGUEZ Florida Bar No. 124493 arodriguez@steamsweaver.com infi eras stearnsweaver.com 5 STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Museum Tower • 150 West Flagler Street, Suite 2200 ■ Miami, FL 33130 ■ (305) 789-3200 Exhibit A INT. RICH. 21209PG3071 STATUTORY WARRANTY DEED Section 689.02, Fbrida Statutes THIS INDENTURE, OSR2827o5 2003APR SO 16:44 DOCSTPDEE 900.00 SURTX 675.000 HARVEY RUVIN, CLERK DAD COUNTY? FL Made this 17th day of April, 2003, by Jeff Morr. a single man, and Ian McMinn, a single man, and TonyCho, asingle man, parties of the first part, and PATI3E INVESTMENTS, U.C, a Florida limited liability company, whose post office address Is 2554 Jardin Terrace, Weston, Florida 33327, party of the second part. WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other goodand valuable considerations ($1 0.00 and o.v.c.), to them In hand paid by the said party of the second part, the receipt whereof is hereby acknowled, ',have granted, bargained, and sold to the saki party of the secondpart, its heirs and assigns forever, the following described land situate, and being In the County of Miami. Dade, State of Florida to wit•. Lot 2, less the East Feet of Block 1, of ROSEWIN PARK, according to the Plat thereof, as recorded In Plat Hook 3, at Page 52 of the Public Records of Miami - Dark County, Florida SUBJECT TO: Conditions, restrictions, easements, limitations and zoning ordinances, if any. SUBJECT TO: Taxes Levied subsequent to December 31, 2002 Property Appraiser's Parcel Identification Number is: 01-3125-010-0011 And the said parties of the first part do hereby fully warrant the title to said land, and will defendthe same against the lawful claims of all persons whomsoever, that said land is free of all. encumbrances. Togetherwlth all tenements, horeditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold the same in fee simple former. Andthe parties of the first part hereby covenant with said party of the secondpart that they are lawfully seized of said land In fee simple; that the parties of the first part have goodrieht and lawful authority to sell and convey said land. 1 • (' ri`: S0Ni c.,ot.•• ,f a ..a . �i�,�i fit, ,�,l���+�++;;1; �Y.,,�x+';fi�::.F •�r.��!`�-i'w� �i,,,.+�y� {y�i ,Pi.+.h. h•.r'X.��A�.�'�k'i If OFF. REC WC. 21209PG3072 IN WITNESS WHEREOF, The said parties of the first part have hereunto their hands and seals the day and year first written above. Signed, sealed and delivered in the presence of: Print Name: -Cr " t Print Name: Print Name: T-i nC Print Name: t'ii4 Print Name: Tej in 1 Print Name• STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) f--- _ (LS.) Je ; Morr 1827 Sunset Harbour Drive Miami Beach, Florida 33139 / , .r� Ian McMinn _ .12145 North Miami Avenue North Miami, Florida 33168 .,•<. (LS.) agglafitehD• J C 78 Northeast 47th Street Miami, Florida 33137 set I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Jeff Morr, a single man, and Ian McMinn, a single man, and Tony Cho, a single man, who after presenting Driver's Licenses, to me, and being first duly sworn, they executed the foregoing Warranty Deed and acknowledged before me that they executed the same freely and voluntarily for the purpose therein expressed. Witness my hand and official seal at Miami -Dade County, State of Florida, this 17th day of April, 2003. Notary Public, State of Florida at Large z- Ut Print name of Notary & Commission No. My Commission Expires: " N.naP . * * My Commission CC 41881 l I , nIf/ i,t ros Ju y 26, 2004 2 ilsonowerawasi Reconosac, crawcxxwn: F(C * . /WOO vi ►rw*Ia HARVEY R4di CLEM Cifteu T CM* r This instrument was prepared by: Alan B. Fishman, Esquire 300 Arthur Godfrey Road Suite 204 Miami Beach, Florida 33140 (305) 532-2810 Exhibit B THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. PATBE INVESTMENTS LLC 2564 JARDIN TERR WESTON, FL 33327 33327 Tenant: CFN: 20200700160 BOOK 32225 PAGE 140 DATE:12/07/2020 09:17:32 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami October 15, 2020 CR: CE2019019533 Case No: 0E2019019533 Address: 2505 N MIAMI AV Folio: 013125010001 11 Legal: ROSEWIN PK PB 3-52 LOT 2 LESS ESFT BLK 1 LOT SIZE 48.500 X 125 OR 21209-3071 0403 1 Hearing Date: October 14, 2020 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2107 Parking on unimproved surfaces. Miami 21 Sectin 3.6.3 - 1698 Failure to register vacant lot with the City of Miami. City Code SEC 22-115 You are hereby ordered to correct said violation by October 15, 2020. If you fall to comply by said date, you will thereafter be fined the sum of $250 per day. It Is your responsibility to advise the Inspector Immediately after the violation has been corrected to obtain an Affidavit of Compliance, Failure to obtain an Affidavit of Compliance will result In the continuing accrual of the daily fine. This Order shall constitute a Ilen against the above referenced property and any other real or personal property that you own once it Is recorded In the Public Records of Miami -Dade County. LIENS THAT REMAIN UNPAID FOR THREE (3) MONTHS MAY BE FORECLOSED IN COURT. In addition, the Certificate of Use and Occupational License of any business occupying this property may be suspended or withheld. Operating a business without all required licenses is illegal under state and city law, and Is punishable by criminal arrest and/or closing the business. Should you have any questions regarding this Enforcement Order, or if you wish to advise the Code Enforcement Board that the violation has been corrected, please call Joel Ramirez at Cell Phone Number: (786) 696-0346 or Office Phone Number: (305) 416- 2087, City of Miami Code Enforcement Board This is to certify that the foregoing is a true and correct copy of the document on file dated October 15, 2020 of the Code Enforcement Board. Officially filed and rendered on October 15, 2020 In the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards Exhibit C tvlfAfilff POLICE DEPARTMENT OFFICERS ARE AUTHORIZED REPRESENTATIVES TO ENFORCE STATE STATUTE 810.09, TRESPASS, AND TO WARN AND DIRECT PERSONS LEAVE. LOCATION NAME: PROPERTY LOCATED AT: Q5 0 5 /V, r" i A `Ali A `/&11 U MIN, MIAMI-DADE COUNTY, FLORIDA. AUTHORITY IS GRANTED BY: A.1-0 C., in./e.64m�.V1+5! MAILING ADDRESS: a .5,5f+ SA- nr A) T �? R, Val' (ST,D 4 FL 33 . - PHONE NUMBER: 95 + i19 9 8 3 a"2 PHONE NUMBER: (0 9- - - WHO IS THE: L> P'e-'C 4j MA PSG OF SAID BUSINESS, AND WHO HEREIN REQUEST THE OFFICERS TO ENFORCE SAID STATUTE ON SAID PROPERTY INCLUDING THE PARKING LOTS. IT IS ALSO ACKNOWLEDGED THAT THE UNDERSIGNED WILL AID IN THE PROSECUTION OF THOSE PERSONS ARRESTED, AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF MIAMI FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION IN LAW OR EQUITY WHICH MAY ARISE OUT OF THE CITY OF MIAMI POLICE DEPARTMENT'S ACTION A Y AUTHORIZED REPRESENTATIVE. Sig STATE OF FLORIDA COUNTY OF MAIMI-DADE CuA_ _ IN WITNESS WHEREOF, I have hereunto set my hand and seal to the aforesaid Agreement this 3 day of3 4e I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Ae/�y /O� as representative froof Me 70ce,57 wt , personally known to me; or [j has produced as identification, and who executed the foregoing instrument and he/she acknowledged before me that he/she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this "� day of j i , 2,0 Z. . �►° " �` SANDRA RUED'', r ^. Notary Public - State of IoriN ' ` i commission. GC 347387 My Comm. Expires.,;.: 26, 2023 ry Public, State of 4-7 mmission seal; including printed name commission number, and commission expiration date.) Exhibit D City of Miami June 23, 2022 THE CITY OF MIAMI vs. FAME INVESTMENTS LLC 2554 JARDIN TERR WESTON, FL 33327 33327 P CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2019019533 Address: 2505 N MIAMI AV Hearing Date: October 14, 2020 Fe1la: 0131250100011 Legal: ROSEWIN PK P13 3-52 LOT 2 LESS ESFT BLK 1 LOT SIZE 48.500 X 125 OR 21209-3071 0403 1 CR: (2h2019019533 Affidavit of Compliance Subject Property: 2505 N MIAMI AV Folio: 0131250100011 I, Joel Ramirez, Inspector for the City of Miami, being duly sworn, deposed and says: 1. On June 23, 2022, I conducted an inspection of the property cited for violation(s) in the above -styled 2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case were corrected on June 23, 2022, matter. Name of Inspector: Joel Ramirez Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (786) 696-0346 Office Phone Number: (305) 416-2087 Etnail: JoRamirez(&,miamigov.com Joel Ramirez Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS Print Notary Name Personally know 'or Produced I.D. Type and number of I.D. produced Did take an oath or IDid not take an oath ROBERTO GONZALEZ C Notary Public • St,tte of Florida Commission 0 Nil 120994 "••••7`.:dr i',..5:./ My Comm, Expires Aix 22, 2025 Bonded through National NUtilly ASSIi.