HomeMy WebLinkAboutBack-Up DocumentsFiling # 183280689 E-Filed 10/05/2023 09:06:00 AM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2023-024141-CA-01
TTH23 1600 AP LLC, a Florida limited
liability company,
Plaintiff,
v.
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
to Quiet Title or petition in this action on defendant:
By serving:
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 Plaintiffs'
attorney, to wit: Alejandro E. Jordan, Esq.
whose address is: Alejandro E. Jordan, JD, P.A. dba ESQ.title
121 Alhambra Plaza, Suite 1500
Miami, Florida 33134
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.
10/5/2023
DATED this
By:
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.:
TTH23 1600 AP LLC, a Florida limited
liability company,
Plaintiff,
v.
CITY OF MIAMI, a Municipal corporation of
the State of Florida
Defendant.
COMPLAINT FOR QUIET TITLE
TTH23 1600 AP LLC, a Florida limited liability company ("Plaintiff'), sues City of Miami,
a municipal corporation and political subdivision of the State of Florida ("Defendant"), 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
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 Miami -Dade County.
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.
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. Since December 5, 2019, Plaintiff has owned the property located at 1600 NW 20th
Street, Miami, Florida 33127 (the "Property"), which is legally described as:
Lots 13 through 18, in Block 3, of BRADDOCK SUBDIVISION NO. 4, according
to the Plat thereof, recorded in Plat Book 3, Page 61, of the Public Records of Miami -
Dade County, Florida.
6. Plaintiff is the owner of the Property, and deraigned title by virtue of that certain
Warranty Deed dated December 5, 2019, and recorded at Book 31733, Page 4491 in the Public
Recordsin and for Miami -Dade County, Florida on December 19, 2019. A true and correct copy
of Plaintiff's Warranty Deed is attached hereto as Exhibit A.
7. At a Code Enforcement Board Hearing on September 8, 2021, the Code
Enforcement Board of the City of Miami found that Plaintiff violated the City Code in connection
with the Premises by: (1) work performed without a permit and/or permit not finalized (2)
construction in right-of-way ("ROW"), nonconforming with Public Works standards, and (3)
work performed in ROW without an approved finalized Public Works permit.
8. The Board issued an Order which required that Plaintiff cure the deficiencies by
September 9, 2021, or a daily fine of $500.00 would begin to accrue.
9. Plaintiff was not in a position to cure deficiencies timely. Deficiencies were not
cured by Tenant by September 9. 2021, and daily fines began to accrue.
10. On September 9, 2021, the Final Administrative Enforcement Order was filed in
connection with the Premises. A true and correct copy of the Order is attached as Exhibit B.
11. Plaintiff made diligent efforts to correct the violation. Unfortunately, the Plaintiff
was delayed through the permitting and inspection process.
2
12. The deficiencies were fully cured and the City certified that the Property is in
compliance on October 12, 2022. A true and correct copy of Affidavit of Compliance from
Inspector Aquino is attached as Exhibit C.
13. Section 2-817(d)(2) of Defendant's Code provides that mitigation is not available
for properties that exceed 271 days to reach compliance except for the exceptions listed in
subsection (d)(4) of Defendant's Code. Plaintiff does not qualify under any of the exceptions.
Accordingly, mitigation is not available to Plaintiff.
14. Before filing this cause of action, Plaintiff communicated with Defendant in an
attempt to mitigate the fines to no avail.
15. All conditions precedent have been completed before the filing of this cause of
action.
COUNT I — QUIET TITLE
16. Plaintiff repeats and realleges each of the allegations contained in paragraphs 1
through 15 as if fully set forth herein.
17. This is an action to quiet title pursuant to FLA. STAT. §§65.021 and 65.061.
18. The Order imposed a lien on the Property.
19. Defendant may claim an adverse interest in the Property by virtue of the
aforementioned lien.
20. Defendant does not have a lawful or legitimate interest in the Property, and any
interest in the Property, if any, is subordinate and inferior to the Plaintiff's right, title and interest
in the Property.
21. 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 ("An action in chancery for quieting
3
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.")
22. 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, the Plaintiff respectfully requests that this Court enter a judgment in its favor
and against Defendant extinguishing any right or claim that Defendant may have in the Property and
removing any and all clouds on title to the Property, and quieting title in the Plaintiff,together with
any and such further relief as this Court deems necessary to protect Plaintiffs rightsand interests to
the Property.
[SINGATURE PAGE FOLLOWS]
4
DATED this 4th day of October, 2023.
Respectfully submitted,
ALEJANDRO E. JORDAN, JD,
P.A. dba ESQ.title
Attorneys for Plaintiff
121 Alhambra Plaza, Suite 1500
Miami, Florida 33136
Tel: (305) 501-2836
eservice@bergalaw.com
By: /s/ Alejandro E. Jordan
ALEJANDRO E. JORDAN
Florida Bar No. 958275
Email: alordan@esatide.law
5
EXHIBIT A
111111111111111111111111111111111111111111111
Prepared by and return to:
Green and Kahn, P.L.
317 71st Street
Miami Beach, FL 33141
305-865-4311.
File Number: GK-19-051.5
Return to.
Judith Kenney & Associates, P.A.
1172 South Dixie Highway Suite 520
Miami, FL 33146
CFth# 2015'RIO 3911
OR BY 31.733 F'ss 4491-4492 (2F'ss)
RECORDED D 12/19/2 019 09P1.937
!'DEED DOC: TAX $1 r6SI".00
SURTAX 'i:10r260.00
HARVEY RUVIN► CLERK OF COURT
Plat+NI-C ADE CrOUNTYv FLORIDA
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this5'day of December, 2019 between 1600 N.W. 20TH STREET, INC., A Florida
Corporation whose post office address is 1650 SW 84 AVE, Fort Lauderdale, FL 33324, grantor, and TTH23 1600 AP
LLC, a Florida limited liability company, whose post office address is 1111 Brickell Ave Ste 1300, Miami, FL 33131,
grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (8 10.00) and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has
granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,
lying and being in Miami -Dade County, Florida to -wit:
Lots 13 through 18, Block 6, BRADDOCK SUBDIVISION NO. 4, according to the Plat thereof,
recorded in Plat Book 3, Page 61, of the Public Records of Miami -Dade, County, Florida.
Parcel Identification Number: 01-3135-005-1830
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfhlly seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2019.
This document consists of,pages,
each initialed by the affiant/acknowledger.
DoubleTlmoa
n 4 -7 e3 '71Fr1_.,... .1 A n 4
dr,rA144" f' 4 nn'7onn. 4 r, 1 ...r n
OR Bk 31733 PG 4492
LAST PAGE
•
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day an•d year first above written.
Signed, sealed and delivered in our presence:
State -of
Republic of Italy
Province of Milan
City of Milan
Consulate General of the
United States of America
Cetinty-ef
)11 SS
1600 N.W. 20TFI STREET, INC., A Florida Corporation
ATTILA MMYASpre4ieit and irecIor
*01%0 C4JkOu.sto_drap..
\Aa CIC6rtektAR.di4
Le.
The foregoing instrument was acknowledged before me this 2+ day of November, 2019 by ATTILA MATY N'President
and Director of 1600 N.W. 20TH STREET, INC., A Florida Corporation, on behalf of the corporation. U
nnsonall-ase or [ V has producedkL6 , epr*-/11-4.9 gas identification.
[Notary Seal]
Warranty Deed - Page 2
Notary Pu ie
Printed Name:
My Commission Expires:
Sharon M. Cyr
Vice Consul
United Stdtes of America
COMMISSI •
INDEFINITE
DoubloThme
2(2
(J°
-7 onl 071 1 A A fl
111,1 4 n ri -7 n n .4 rn n
EXHIBIT B
THE CITY DFKX|AM|.FLORIDA
CODE ENFORCEMENT BOARD
1111 BR|CKELLAVE 8TE1@00
M|AM|.FL33131 38131
QFN:20210691831 BOOK 32742PAGE 4040
D/QlE:09/17/2021 10:37:24AM
*xnvEvnUww.CLERK oF COURT, mIA-oxoscTY
City of M~a00~
September 09.,2021
CR:CE20Z1011435
Case No: CE2021D11435
Address: 16O0NVV20GT
Fo|io:013135VO5183O
Legal: BRADDOCKGSUB NO4PB8-61LOTS 13TO18INC
LESS N1OFT FOR R8NBLKGLOT SIZE IRREGULAR {]R17455'
Hearing Date: September on.2O21
FINAL ADMINISTRATIVE ENFORCEMENT ORDER
The Code Enforcement Board has found you guilty of violating the following laws:
'2104Work performed without opermit and/or permit not finalized. City Code SEC 1[-3(FBC1(4,105), Miami 21section 71.2
1700 CONSTRUCTION in right-of-way, nonconforing with Public Works standards. 54-58
1796 work performed in ROW without an Approved finalised Public Works permit. City Code SEC 54-3
You are hereby ordered tocorrect said violation by September 09, 2021. If you fall to comply by said date, you will thereafter be fined
the sum of $500 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 alien 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 ANDREAAQU|NDotCell Phone Number: (78O)6S0f)182orOffice Phone Number: (305)
410'2O87.
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 September 09, 2021 of the Code
Enforcement Board, Officially filed and rendered on September 09, 2021 in the records of the City of Miami, Hearing Boards,
Prepared by:
EXHIBIT C
Page 1 of 2
Personally know or Produced
Type and number ofl.D. produced
Did take an oath or Did not take an oath
City of Miami
October 12, 2022
THE CITY OF MIAMI
vs.
rcH23 1600 AP LLC
1111 BRICKELL AVE STE 1300
MIAMI, FL 33131 33131
Tenant:
CODE ENFORCEMENT BOARD
CITY OF MIAMI, FLORIDA
Case No: CE2021011435
Address: 1600 NW 20 ST
Hearing Date: September 08, 2021
Folio: 0131350051830
Legal: BRADDOCKS SUB NO 4 PB 3-61 Lars 13
TO 18 INC LF,SS N IOFT FOR R/W BLK 6 LOT
SIZE IRREGULAR OR 17455-1227 1296 I
CR.: CE2021011435
Affidavit of Compliance
Subject Property: 1600 NW 20 ST Folio: 0131350051830
I, ANDREA AQUINO, Inspector fey the City of Miami, being duly sworn, deposed and says:
I. On October 12, 2022, 1 conducted an inspection of the property cited for violation(s) in the above -
styled matter.
2. The inspection and a review of applicable records indicate that the violation(s) pertaining to this case
were corrected on October 12, 2022,
Name of inspector: ANDREA. AQUINO
Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130
Cell Phone Number: (786) 696-0182
Office Phone Number: (305) 416-2087
Email: A Aquino@miam igov.com
ANDREA AQUINO
Code Enforcement Inspector
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF
, 20
Print Notary Name Notary Public State of Florida
My Commission Expires:
http://Improd01/cityviewweb/PrintAll/cnyfvo5513flOfz5a32exyet/Pagell_0001.httril
10/25/2022
Page 2 2
ANDREA AQUINO
Code Enforcement Inspector
SWORN AND SUBSCRIBED
E HIS DAY OF ,20
Print Notary Name
Personally know or Produced I,'D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State of Florida
My Commission Expires:
http://lrpred01/cityviewwcb/Print.A.11/cnyfvo5513ftOfz5a32exyet/Pagel 1 ,0001.1it l 10/2'5/2022