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Home My WebLink AboutBack-Up DocumentsFiling # 195757216 E-Filed 04/09/2024 09:25:50 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA VQ EVERGLADES HOMES LLC, a Florida limited liability company Plaintiff v. CITY OF MIAMI, a municipality Defendant Case No.: 2024-2194-CA-01 AMENDED COMPLAINT COMES NOW, VQ EVERGLADES HOMES LLC (hereinafter "Plaintiff') hereby sues CITY OF MIAMI (hereinafter "Defendant") and in support thereof alleges as follows: PARTIES, JURISDICTION, AND VENUE 1. This is an action to quiet title and for declaratory judgment. 2. This Court has jurisdiction over the subject matter pursuant to Fla. Stat. § 26.012(2)(g) (2023). 3. Venue is proper in this Judicial Circuit because the real property that is the subject of this complaint is located in Miami -Dade County, Florida and the events that gave rise to this complaint took place in Miami -Dade County, Florida. 4. Plaintiff VQ EVERGLADES HOMES LLC is a Florida limited liability company with its principal place of business in Miami -Dade County, Florida. 5. Defendant CITY OF MIAMI is a municipality located in Miami -Dade County, Florida. GENERAL ALLEGATIONS 6. The real property that is the subject of this action is located within Miami -Dade County, Florida and otherwise described as follows: Begin 160 feet South and 200 feet West of the Northeast corner of West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 3, Township 54 South, Range 41 East, thence South 135 feet, West 57 feet, North 135 feet and East 57 feet to the Point of Beginning, situate and being in Miami - Dade County, Florida. Folio: 01-4103-000-0350 Address: 1877 SW 7 Street, Miami, FL 33135 ("Property") 7. Plaintiff purchased the subject property on April 6, 2016, and is the fee simple owner of the Property. See Exhibit A: Warranty Deed. 8. Plaintiff recently performed a title search of the Property and discovered that there was a violation (CE2018006612) that accumulated a daily fine through April of 2024. The violation has now been resolved or otherwise cured. 9. The Property was demolished by Defendant because of unsafe structures violations. 10. Plaintiff permitted the demolition in the hopes of resolving all issues with the Property. 11. Plaintiff cannot file for mitigation of the fine because of Section 2-817(d)(2) of the City of Miami Code which does not permit mitigation of any fines which are outstanding for more than 271 days. 12. Plaintiff has been deprived of its due process because it cannot apply for mitigation. 13. The rules imposed by Defendant to apply for mitigation are depriving Plaintiff of its due process. 14. All conditions precedent to the filing of this action have been fulfilled or otherwise waived. COUNT I — QUIET TITLE 15. Plaintiff realleges Paragraphs 1-14, which are incorporated as if fully set forth 16. Plaintiff owns the Property and deraigns title through a Warranty Deed. See Exhibit A. 17. Defendant may claim an interest in the Property by virtue of the following (recorded in the Official Records of Miami -Dade County, Florida): a. Final Administrative Enforcement Order (CE2018006612) dated April 9, 2019 and recorded on April 16, 2019 in Book 31405, Page 4607. See Exhibit B: Final Administrative Enforcement Order. 18. As evidenced by the allegations contained herein, Plaintiff has been deprived of due process. 19. Consequently, Defendant's encumbrances on Plaintiff's Property are unlawful encumbrances and otherwise invalid. 20. Defendant's interest in the Property is inferior to Plaintiff's interest. herein. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment against Defendant, quieting title in Plaintiff's name, and granting any other relief that this Court deems just and proper. herein. COUNT II — DECLARATORY JUDGMENT 21. Plaintiff realleges Paragraphs 1-14, which are incorporated as if fully set forth 22. "A plaintiff is entitled to a declaration where: (1) there is "a bona fide, actual, present practical need" for the declaration; (2) the declaration sought deals with "a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;" (3) an "immunity, power, privilege or right" of the plaintiff depends on the facts or the law that applies to the facts; (4) some persons have an "actual, present, adverse and antagonistic interest" in the subject matter; (5) all persons with an adverse and antagonistic interest are before the court; and (6) the declaration sought does not amount to mere legal advice. Citizens Prop. Ins. Corp. v. Ifergane, 114 So. 3d 190 (Fla. 3d DCA 2012); citing May v. Holley, 59 So. 2d 636, 639 (Fla. 1952). 23. There is a bona fide, actual, and practical need for a declaration regarding the rights of the Parties as to their respective interests in the Property. 24. The declaration sought by Plaintiff deals with an ascertained state of facts. 25. The facts stated in this complaint are uncontroverted. 26. The rights of the Plaintiff as to the Property depend on this Court's interpretation of the of the respective alleged interests in the Property between Plaintiff and Defendant. 27. Plaintiff and Defendant have an adverse interest in the subject matter. 28. Plaintiff has an interest to remove any encumbrance on the Property and Defendant seeks to preserve and or collect on its lien on the Property. 29. The only parties with an adverse and antagonistic interest as to the Property are Plaintiff and Defendant, both are before this Court. 30. Plaintiff seeks a declaration from this Court that Defendant's interests in the Property are invalid and otherwise unenforceable because of the lack of notice. The declaration sought does not amount to mere legal advice. 31. Considering the above, Plaintiff requests a speedy hearing in accordance with Fla. Stat. § 86.111. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment finding that Defendant's interest in the Property by virtue of the enforcement order (recorded in Book 31405, Page 4607) is inferior to Plaintiff's interest in the Property or otherwise invalid and unenforceable; and granting any other relief that this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of April, 2024, a true and correct copy of the foregoing was electronically served on all parties of record as shown on the Clerk's electronic service list. RESPECTFULLY SUBMITTED s/ Sebastian Jaramillo Sebastian Jaramillo, Esq. Florida Bar No. 21743 Perlman, Bajandas, Yevoli & Albright, P.L. Counsel for Defendant 283 Catalonia Avenue, Suite 200 Miami, FL 33134 Phone: (305) 377-0086 Fax: (305) 377-0781 sjaramillo@pbyalaw.com Exhibit A Warranty Deed Prepared by and return to: Daniel Sanchez-Galarraga Sanchez-Galarraga, P.A. 1313 Ponce de Leon Boulevard Suite 301 Coral Gables, FL 33134-3343 305-445-5351 CFN: 20160211134 BOOK 30032 PAGE 1561 DATE:04/11/2016 11:55:03 AM DEED DOC 6,750.00 SURTAX 5,062.50 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 6th day of April, 2016 between Crimson Cub, inc., a Florida corporation whose post office address is 11535 SW 77 Avenue, Miami, Florida 33156, as to Parcels 1 and 4, and Raul Driggs and Rosa Driggs, husband and wife, whose post office address is 11535 SW 77 Avenue, Miami, Florida 33156, as to Parcels 2 and 3, grantor, and VQ Everglades Homes LLC, a Florida limited liability company whose post office address is 1541 Brickell Avenue, 1507, Miami, Florida 33129, grantee: (Whenever used herein the terms "grantor' and "grantee" include all the parties to this instnunent 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 ($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: SEE ATTACHED EXHIBIT "A" 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 lawfully 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, 2015. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Naive: Witness Nam �xr Crimson Cub, Itsration By: Rath Driggs, Presidees (Corporate Seal) State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this G day of April, 2016 by Raul Driggs as President of Crimson Cub, Inc., a Florida corporation. He [his personally known to me or Ll has produced a Florida driver's license as identification. ary ,,�� p,,,,,� DANIEL SANCHEZ-GALARRAGA =o VI. Notary Public - State of Florida * . • E My Commission Expires Nov 16, 2018 ,N + `v o�; Commission # FF 165103 %F ° %°�� Bonded through National Notary Assn. Notary Public Printed Name: My Commission Expires: DoubleTime® CFN: 20160211134 BOOK 30032 PAGE 1562 Witness Name: Witness Name: $ct Raul Driggs, Rosa Driggs State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this G day of April, 2016 by Raul Driggs and Rosa Driggs. Who L1 are personally known to me or [ Thave produced a Florida driver licenxe„gs identification. [Nota ''''', DANIEL SANCHEZ-GALARRAGA .4. • o•. Notary Public - State of Florida • .1 My Commission Expires Nov 16, 2018 Commission # FF 165103 44,"' Bonded through National Notary Assn. Notary Public Printed Name: My Commission Expires: Warranty Deed - Page 2 DoubleTime CFN: 20160211134 BOOK 30032 PAGE 1563 EXHIBIT "A" PARCEL 1: The North 100 feet of Lot 7, Block 25, of Lawrence Estate Land Co's Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 46, Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4102-005-4420 Street Address: 1050 SW 5 Street, Miami, Florida 33130 PARCEL 2: The North 50 feet of Lot 3 and 4, Block 7-B, of Lawrence Estate Land Co's Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 51, Public Records of Miami -Dade County, Florida, less the external area of a circular curve having a radius of 25 feet and tangents which are 25 feet East of parallel with the centerline of Southwest 10th Avenue and 25 feet South of and parallel with centerline of Southwest 10th Street. Parcel Identification Number: 01-4111-001-0770 Street Address: 984 SW 10 Street, Miami, Florida 33130 PARCEL 3: The North 50 feet of -Lots 11 and 12, Block 29 South, of Map of Miami -Dade Co. FLA, according to the plat thereof as recorded in Plat Book-B, Page 41, Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-0202-090-1140 Street Address: 427 SW 5 Avenue, Miami, Florida 33130 PARCEL 4: Begin 160 feet South and 200 feet West of the Northeast corner of West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 3, Township 54 South, Range 41 East, thence South 135 feet, West 57 feet, North 135 feet and East 57 feet to the Point of Beginning, situate and being in Miami -Dade County, Florida. Parcel Identification Number: 01-4103-000-0350 Street Address: 1877 SW 7 Street, Miami, Florida 33135 Exhibit B Final Administrative Enforcement Order THE CITY OF MIAMI, FLORIDA CODE ENFORCEMENT BOARD vs. V Q EVERGLADES HOMES LLC 1541 BRICKELL AVE STE 1507 MIAMI, FL 33129 Tenant: CFN: 20190235305 BOOK 31405 PAGE 4607 DATE:04/16/2019 12:34:00 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami April 09, 2019 CR: CE2018006612 Case No: CE2018006612 Address: 1877 SW 7 ST Folio: 0141030000350 Legal: 3 54 410.18 AC BEG 160FT S &200FT W OF NE COR OF W1/2 OF SW1/4 OF SE1/4 OF SE 1/4 TH S135FT W57FT N135FT OR 19399-0233 12 2000 1 Hearing Date: April 04, 2019 FINAL ADMINISTRATIVE ENFORCEMENT ORDER The Code Enforcement Board has found you guilty of violating the following laws: - 2102 Parking/storage of inoperable/untagged vehicles Miami 21 Article 3 Section 3.6.3 - 1748 Obstruction or blockage of a street, sidewalk, or public right-of-way. City Code SEC. 54-2(c) You are hereby ordered to correct said violation by April 05, 2019. 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 RAGHUBIR S SANDHU at (305) 329-4770. 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 April 09, 2019 of the Code Enforcement Board. Officially filed and rendered on April 09, 2019 in the records of the City of Miami, Hearing Boards. Prepared by: Olga Zamora Deputy Clerk of Hearing Boards