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Home My WebLink AboutBack-Up DocumentsFiling # 206925321 E-Filed 09/16/2024 09:50:14 AM go t3 ® IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. ❑ IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. DIVISION CIVIL ❑ DISTRICTS ❑ OTHER PLAINTIFF(S) CJL WYNWOOD, LLC, a Foreign Limited Liability Company SUMMONS 20 DAY CORPORATE SERVICE (a) GENERAL FORMS VS. DEFENDANT(S) CITY OF MIAMI THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on defendant(s): CITY OF MIAMI c/o Mayor Francis Suarez 3500 Pan American Drive Miami, FL 33133 Each defendant is required to serve written defense to the complaint or petition on Plaintiffs Attorney: Mark A. Romance, Esq.. whose address is: PPay Pitney LLP,. North Tower, 14th Floor, 396 Alhambra Cirde, Miami, FL 33134; Tel.: 305-373-4048; mromance@daypitney.com CASE NUMBER 2024-017518-CA-01 SERVICE NI Ni3O1 within 20 days ' Except When suft'is brought pursuant to s. 768 28, Florida Statutes, If the State of Florida; dne of its atienctes, at ano of Its officiala or employees sued in .his or her official capacity is a defendant. the time to respond shall be 40 days.. When suit is brought pursuant to, 768,21 Florida Statutes, the time to respond shall be 30 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 Clerk 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.grsdTM°° JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT AND COMPTROLLER MIAMI-DADE COUNTY CIRCUIT AND COUNTY COURTS BY:W ERK 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 1st Avenue, Suite 2400, Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email ADA64iud .flcourts,ot° ; or via Fax at (305) 349-7355, 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." CLK/CT 314 Rev, 06/23 Clerk's web address.0/ 4 DATE 9/17/2024 Filing # 206819433 E-Filed 09/13/2024 10:50:29 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2024-017518-CA-01 CJL WYNWOOD, LLC, a Foreign Limited Liability Company, Plaintiff, v. CITY OF MIAMI, Defendant. COMPLAINT FOR QUIET TITLE Plaintiff, CJL Wynwood, LLC ("Plaintiff'), by and through undersigned counsel, hereby files this Complaint for Quiet Title against Defendant, City of Miami ("Defendant" or "City of Miami"), and alleges as follows: The Parties, Jurisdiction, and Venue 1. This is an action for quiet title to one (1) commercial property located in Miami - Dade County, Florida. 2. Plaintiff is a Foreign Limited Liability Company registered to do business in the State of Florida. 3. Defendant City of Miami is a governmental entity located in Miami -Dade County, Florida. 4. The Court has exclusive original jurisdiction over this matter pursuant to the provisions of Section 26.012(2)(g), Florida Statutes, and Sections 65.011, 65.021, and 65.061 Florida Statutes, because this is an action for quiet title of real property located in Miami -Dade County, Florida. 5. Venue is proper pursuant to Section 47.011 and Section 65.061(2), Florida Statutes, because the commercial parcel at issue in this litigation is located in Miami -Dade County, Florida, and the cause of action accrued in Miami -Dade County Florida. 6. All conditions precedent to the maintenance of this action have been performed, have occurred, or have been waived. General Allegations 7. This is an action for quiet title to one (1) commercial property located in Miami - Dade County, Florida. 8. Plaintiff owns and holds title to the commercial property (the "Property") located at the following address: 2511 NW 2nd Avenue, Miami, FL 33127.1 9. The Property is further described as follows: Lots 4, 5, 6, 7, 8, and 9 in Block 2, of N.W. 2"d AVE. COMMERCIAL SUBDIVISION, according to the plat thereof, as recorded in Plat Book 16, Page 9, of the Public Records of Miami -Dade County, Florida, 10. The Property also has a Property Appraisers Parcel Identification (Folio) Number of 01-3125-030-0200. 11. Plaintiff holds superior title to the Property and deraigns title to the Property as follows: a. Warranty Deed to CJL WYNWOOD, LLC, a Delaware Limited Liability Company, from Niberto L. Moreno, as Trustee of the Zenaida Moreno Revocable Trust dated December 15, 2008, Niberto L. Moreno, as Trustee of 1 The Property contains several other associated addresses which are not at issue in the instant action. 2 the Niberto A. Moreno Revocable Trust dated December 15, 2008, and Zenaida Moreno, a single woman, dated July 29, 2015, recorded July 31, 2015 in Official Record Book 29720, pages 4373-4374, Public Records of Miami -Dade County. A true and correct copy of the above -mentioned deed with respect to the Property is attached as Exhibit A,2 12. Plaintiff is in possession of the subject Property. Count I — Action to Quiet Title (Against Defendant City of Miami) 13. Plaintiff incorporates and realleges the allegations of Paragraphs 1-12 as though fully set forth herein. 14. Upon information and belief, Defendant City of Miami imposed multiple code enforcement violations on the Property, ultimately resulting in Defendant recording a lien against the Property. 15. With respect to the Property, Defendant initiated City of Miami Code Enforcement Case No. CE2017013154 against Plaintiff, alleging violations for 1) No Certificate of Use (2110); 2) Failure to Obtain a Business Tax Receipt for the Type of Business Conducted (2151); and 3) Work Performed without a Finalized Permit (2104). Plaintiff denies and disputes the validity of the alleged violations. 16. As a result of City of Miami Code Enforcement Case No. CE2017013154 being initiated by Defendant against Plaintiff with respect to the Property, Defendant recorded a lien against the Property on February 19, 2020. A true and correct copy of the lien is attached as Exhibit B. Plaintiff disputes any such lien, which is invalid. 2 Separate and apart from the subject Property, the deed attached as Exhibit A also transfers a separate property (Property Appraisers Parcel Identification Folio Number 01-3125-029-1010) to Plaintiff. That separate property is not at issue in the instant action. 3 17. Defendant's lien is invalid because Plaintiff disputes the validity and merits of the underlying code enforcement violations that purportedly justify Defendant's recording of the lien. 18. On August 7, 2024, the City of Miami executed an Affidavit of Compliance attesting that the purported violations pertaining to Case No. CE2017013154 had been corrected. A true and correct copy of the City of Miami's Affidavit of Compliance is attached hereto as Exhibit C. 19. Upon information and belief, the amount of the City of Miami's lien has accrued to a total of $410,750.00. 20. Defendant's invalid claim of lien purportedly amounting to a grand total of at least $410,750.00 cast a cloud on Plaintiff's title to the Property. 21. Plaintiff is not aware of any additional liens existing against the Property that were recorded by the Defendant. WHEREFORE, Plaintiff CJL Wynwood, LLC, respectfully requests that the Court enter judgment against Defendant City of Miami, and determine that all recorded and unrecorded liens by the City of Miami on the Property are invalid and shall be removed, determine that the City of Miami has no valid liens on the Property, quiet title to the Property in Plaintiff and against Defendant, declare that Plaintiff has marketable fee simple title to the Property free of all liens from Defendant, and grant such other and further relief as the Court deems just and proper. Dated: September 13, 2024 /s/ Mark A. Romance Mark A. Romance Florida Bar No. 021520 mromance@daypitney.com lmiller@daypitney.com Stefano Battistoni Florida Bar No. 1019545 sbattistoni@daypitney.com lmiller@daypitney.com 4 DAY PITNEY LLP 396 Alhambra Circle North Tower, Floor 14 Miami, Florida 33134 Telephone: (305) 373-4000 Facsimile: (305) 373-4099 Counsel for Plaintiff CJL Wynwood, LLC 5 EXHIBIT A 111111111111111111111111111111111111111111111 a)"cr =J eZ. u- ) �J 11 cu4t.T 71, r. Florida Documentary Stamps s in the amount of h %.I THIS INSTRUMENT PREPARED BY: Denise Moreno, Esq. 8525 SW 92"d Street Miami, FL 33156 t: 305-630-2909 / f:305-630-2908 Property Appraisers Parcel Identification (Folio) Number No. 1: 01-3.125-030-0200 Property Appraisers Parcel Identification (Folio) Number No. 2: 01-3125-029-1010 CFN 2015R0494477 OR BK 29720 Pss 4373-4374 (2Pss) RECORDED 07/31/2015 13:01:57 DEED DOC TAX $7:1P460,,00 SURTAX $55,080.00 HARVEY RUVINr CLERK OF COURT M:I.AI'II-DADE COUNTY: FLORIDA have been paid hereon. SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED 1 THIS WARRANTY DEED, made the /,'1 day of July, 2015 by Niberto L. Moreno, as Trustee of the Zenaida Moreno Revocable Trust dated December 15, 2008, Niberto L. Moreno, as Trustee of the Niberto A. Moreno Revocable Trust dated December 15, 2008 and Zenaida Moreno, a single woman, all three whose post office address is 8525 SW 92"d Street, Suite Al, Miami, FL 33156 herein called the Grantor, to CJL WYNWOOD, LLC, a Delaware Limited Liability Company, whose post office address is CJL Wynwood, LLC c/o Centurion Realty LLC 512 7th Avenue - 37th Floor, New York, New York 10018, hereinafter called the Grantees: (Wherever 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) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in MIAMI-DADE County, State of Florida,: Lots 4,5,6,7,8 and 9, in Block 2, of N.W.2ND AVE. COMMERCIAL SUBDIVISION, according to the plat thereof, as recorded in Plat Book 16, Page 9, of the Public Records of Miami -Dade County, Florida, AND Lot 11, in Block 5, of AMENDED PLAT OF DONMOORE VILLA, according to the plat thereof, as recorded in Plat Book 6, Page 7, of the Public Records of Miami -Dade County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2015 and thereafter. 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 Grantees that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby 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, 2014. D.-..-.1,0n7,1nt173.,.....n`]70 r•rn.144'')n4grlAnnn77 OR IBk. 29720 PG 4 r 4 LAST PAGE IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, se led and delivered in the presence of: * W Hess # Signature Tanta_ M D -ii\-4.z. Wi Tess # 1 Printed Name itness # Signatur, * Witness #2 Rkinted Name * As for all signatories Niberto L. Moreno, Trustee of the Zenaida Moreno vocable Trust dated December 15, 2008 Niberto L. Moreno Trustee of the Niberto A. Moreno evocable Trust dated December 15, 2008 Zenaida Moreno, by: Niberto L. Moreno as Attorney in Fact for Zenaida Moreno STATE OF FLORIDA COUNTY OF MIAMI-DADE (� The foregoing instrument was acknowledged before me this 2 "I day of July, 2015, by Niberto L. Moreno, as Trustee of the Zenaida Moreno Revocable Trust dated December 15, 2008, Niberto L. Moreno, as Trustee of the Niberto A. Moreno Revocable Trust dated December 15, 2008 AND Zenaida Moreno by Niberto L. Moreno, attorney in fact, who is personally known to me or has produced as identification and ❑ did ❑ did not take an oath. SEAL ,r0;:.:, .tMONICAMArn1NEZ * _ MY COMMISSION I FF 103509 EXPIRES: March 18, 2018 us44of Bend dThruBudgetNotaryServices My commission expires: Notary Plbbli fl h-, a rn ft r Printed Notary Name A 07A r•Cn1+4.1n4 GrIACIA A 77 EXHIBIT B THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. CJL WYNWOOD LLC C/O CENTURION REALTY LLC 5127AVE 37FL NEW YORK, NY 10018 Tenant: CFN: 20200110305 BOOK 31820 PAGE 4252 DATE:02/19/2020 08:42:26 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami February 10, 2020 CR: CE2017013154 Case No: CE2017013154 Address: 2511 NW 2 AV Folio: 0131250300200 Legal: 25 53 41 NW 2ND AVE COMMERCIAL SUB PB 16-9 LOTS 4 TO 9 INC BLK 2 LOT SIZE IRREGULAR OR 13951-3541 0189 5 Hearing Date: February 06, 2020 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2110 No Certificate of Use. Miami 21 ART 4 table 3,7.1.2 City Code 2-207 - 2151 Failure to obtain a business tax receipt for the type of business conducted. City Code Chapter 31 - 2104 WORK PERFORMED WITHOUT A FINALIZED PERMIT City Code SEC 10-3 (FBC 104, 105)ZON ORD SEC 2102 You are hereby ordered to correct said violation by February 07, 2020. If you fail 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 lien 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 JACQUELINE HALEY at Cell Phone Number: (786) 696-0342 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 February 10, 2020 of the Code Enforcement Board. Officially filed and rendered on February 10, 2020 in the records of the City of Miami, Hearing Boards. Y 4. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards EXHIBIT C Page 1 of 2 City of Miami August 07, 2024 THE CITY OF MIAMI vs. CJL WYNWOOD LLC C/O CENTURION REALTY LLC 5127AVE 37FL NEW YORK, NY 10018 Tenant: CODE ENFORCEMENT BOARD CITY OF MIAMI, FLORIDA Case No: CE2017013154 Address; 2511 NW 2 AV Hearing Date: February 06, 2020 Folio: 0131250300200 Legal: 25 53 41 NW 2ND AVE COMMERCIAL SUB PB 16-9 LOTS 4 TO 9 INC ELK.2 LOT SIZE IRREGULAR OR 13951-3541 0189 5 CR: CE2017013154 Affidavit of Compliance Subject Property; 2511 NW 2 AV Folio; 01312.50300200 I, Marcelo Lauzurique, Inspector for the City of Miami, being duly sworn, deposed and says: 1. On August 07, 2024, I 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 August 07, 2024. LC AFC Issued Name of Inspector: Marcelo Lauzurique Office Address: 444 SW 2 AV 7th Floor Miami, FL 33130 Cell Phone Number: (305) 329-4777 Office Phone Number: (305) 329-4777 Email; mlauzurique@rniamigov.cona 'Marcelo I., izurique Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS aod, Print Notary Name Personally know (or Produced I.D,W _• Type and number of I,D. produced Did take an oath — or Did not take an oath DAY OF Notary Public State of Mori a My Commission Expires: 0 ;'''w;:i'''• ROBERTO GONZALEZ °; V;„j Notary Public - Stale of Florida ��Yi t7 u Commission 11 H)i 120994 �}*dr�`•?•, My Comm. Expires Apr 22, 2025 Bonded through National Notary Assn, http://lrpt'od01/cityviewvveb/PrintAll/5a5eea55 ipg0cn55min0rtg55/Page 1w 0002.htnl 8/20/2024 Page 2 of 2 Marcelo Lauzurique Code Enforcement Inspector SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 . Print Notary Name Notary Public State of Florida My Commission Expires; Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath http://lmprod01 /cityviewweb/PrintAll/5 a5eeo55ipc10dn55m1n0ug55/Page0_0001.html 8/20/2024