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HomeMy Public PortalAbout20-9768 Sale of Vacant LandSponsored by: City Manager RESOLUTION NO. 20-9768 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AN AGREEMENT FOR THE SALE AND PURCHASE OF VACANT LAND BETWEEN THE CITY OF OPA-LOCKA AND TNJ REALTY, LLC. FOR DECLARED SURPLUS ALLEYWAYS BETWEEN THE PARCELS IDENTIFIED BY FOLIOS: 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121- 007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08- 2121-013-2020, IN THE B-2 ZONING DISTRICT, IN THE AMOUNT OF $57,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE SALE AND PURCHASE OF VACANT LAND IN "AS IS" CONDITION; AND TO TAKE ALL OTHER NECESSARY ACTIONS TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 9, 2019, the City of Opa-Locka (the "City") voted to approve the sale of declared surplus alleyways to TNJ Realty, LLC.; and WHEREAS, City staff and representatives of TNJ Realty, LLC. entered into good - faith negotiations and prepared a final Agreement for Sale and Purchase of Vacant Land in "As Is" Condition for City Commission approval, attached hereto as Exhibit "A", in an amount of $57,000; and WHEREAS, the real property that is subject to Agreement is being sold in "as is" Condition and is identified by the following folio numbers: 08-2121-007-2680, 08-2121- 007-2690, 08-2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08- 2121-013-2010 and 08-2121-013-2020; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to enter into an Agreement for Sale and Purchase of vacant land with TNJ Realty, LLC., in "as is" condition, and pursuant to the Agreement attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Resolution No. 20-9768 Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby approves an Agreement for the Sale and Purchase of Vacant Land between the City of Opa-Locka and TNJ Realty, LLC. for the declared surplus alleyways between the parcels identified by folios: 08- 2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-2121-013-2020, in the B-2 Zoning District, in the amount of $57,000, and further authorizes the City Manager to execute the Agreement for Sale and Purchase of Vacant Land in "as is" condition, attached hereto as Exhibit "A", and to take all other necessary actions to effectuate said purchase, execution and conveyance of the property by quit claim deed. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 10th day of June, 2020. ATTEST: oat a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris eeks, City Attorney 2 Matthew A. Pigatt, Mayor Resolution No. 20-9768 Moved by: COMMISSIONER BURKE Seconded by: COMMISSIONER KELLEY VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 3 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND IN "AS IS" CONDITION This Agreement for Sale and Purchase (the "Agreement") is entered into as of the day of , 2020 by and between TNJ REALTY LLC , whose Post Office Address is 2257 SW 132nd Avenue, Miramar Florida 33027 ("Purchaser") and CITY OF OPA-LOCKA, a political subdivision of the State of Florida, hereinafter referred to as "Seller", whose Post Office Address is 780 Fisherman Street, Opa-locka, FL 33054. WITNESSETH, that for and in consideration of the mutual covenants contained herein, the Purchaser and Seller agree as follows: 1. REALTY. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller that certain real property, located in Miami -Dade County, Florida, which real property is legally and more specifically described in Exhibit "A", attached hereto and incorporated herein by this reference, together with all tenements, hereditaments, privileges, servitudes, rights of reverter, and other rights appurtenant to said real property owned by Seller, if any (collectively, the "Real Property"). The Real Property sale is subject to the possibility of reverter to the Seller as provided below and is sold in "as is" condition. 2. Title to the Real Property shall automatically revert to Seller or the then assignee of Seller's rights on the date that is three years (3) from the date of closing of this Real Property sale if Purchaser or its assignee fails to develop the Real Property for commercial use. Grantor shall record a notice of exercise of reverter or other document as may be deemed necessary. Upon the recording of such instrument, title to the Property shall vest in Seller or the then assignee of Seller's rights hereunder subject to all matters then of record, except that within thirty (30) days after Purchaser or the then assignee of Purchaser's rights in the Real Property has received written notice of such recordation, Purchaser or the then assignee of Purchaser's rights shall satisfy and take commercially reasonably efforts to cause the release and reconveyance of any encumbrances securing loans or evidencing liens or security interests created by Purchaser or the then assignee of Purchaser's rights. Purchase or the then assignee of Purchaser's rights shall execute any document reasonably required to give effect to this provision. The foregoing conditions and restrictions shall be deemed covenants running with the land and binding upon Purchaser and its successors and assigns. The reversion right herein shall automatically expire and be of no further force and effect without the need of any further documentation following the date that is three (3) years after the date of the closing of this Real Property Sale, provided that the Real Property was developed for commercial purposes. 3. "AS IS" SALE. PURCHASER ACKNOLWEDGES AND AGREES THAT THE PROPERTY SHALL BE SOLD, AND PURCHASER SHALL ACCEPT POSSESSION OF POSSESSION OF THE PREMISES "AS 1S, WHERE IS, WITH ALL FAULTS," WITH NO RIGHT OF SETOFF OR REDUCTION IN THE PURCHASE PRICE. SELLER, ITS COUNSEL OR ANYONE ACTING BY OR ON BEHALF OF SELLER HAVE OR SHALL BE DEEMED TO HAVE MADE ANY VERBAL OR WRITTEN REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) TO PURCHASER WITH RESPECT TO THE PROPERTY, ANY MATTER SET FORTH, CONTAINED OR ADDRESSED IN ANY OTHER TRANSACTIONAL DOCUMENTS, (INCLUDING THE ACCURACY, COMPLETENESS AND CONTENT THEREOF; PURCHASER WILL, PRIOR TO CLOSING, CONFIRM INDEPENDENTLY ALL INFORMATION THAT IT CONSIDERS MATERIAL TO ITS PURCHASE OF THE PREMISES; AND BY PROCEEDING TO CLOSING PURCHASER ACCEPTS THE RISK OF ANY AND ALL KNOWN AND/OR POTENTIAL ENVIRONMENTAL LIABILITIES ASSOCIATED WITH THE PREMISES. 4. PURCHASE PRICE AND PAYMENT. 4.1. PURCHASE PRICE. Purchaser agrees to pay a purchase price for the Real Property of Fifty -Seven Thousand Dollars and 00/100 Dollars ($57,000.00) (the "Purchase Price"). 4.2. ADJUSTMENTS TO PURCHASE PRICE. The Purchase Price to be paid at closing shall be subject to the adjustments, reductions (if any), and prorations provided for in this Agreement and will be paid at closing by wire transfer of U.S. funds for the Real Property referenced above. Any reductions in the Purchase Price shall be agreed upon between Purchaser and Seller prior to the end of the Inspection Period, hereinafter defined. In the event the parties cannot agree upon the total reduction in the Purchase Price, then this Agreement shall be automatically terminated. If Seller shall be unable to convey title to the Real Property according to the provisions of this Agreement, Purchaser may: (i) elect to accept such title that Seller may be able to convey, without a reduction in Purchase Price; or (ii) terminate this Agreement. Upon such termination, this Agreement shall be null and void and the parties hereto shall be relieved of all further obligation and liability, and neither party shall have any further claims against the other. 4.3 INTEREST CONVEYED. Seller is the record owner of the fee simple title to the Real Property and agrees to convey title to the Real Property by Quit Claim Deed, subject to the possibility of reverter as set forth herein and in the Quit Claim Deed. 4.4 AD VALOREM TAXES. Purchaser, a political subdivision of the State of Florida, is exempt from payment of ad valorem taxes. 5. RIGHT TO ENTER REAL PROPERTY. Seller agrees that Purchaser and its agents shall, upon reasonable notice, have the right to enter the Real Property for all lawful and agreed upon purposes in connection with this transaction, including any environmental testing provided the Purchaser shall indemnify and hold Seller harmless for damage or injury caused by Purchaser and its agents subject to all limitations of Section 768.28, Florida Statutes. Purchaser's indemnification and insurance obligations set forth herein shall survive the closing or early termination hereof. Purchaser may in the course of such entry make any invasive tests, alterations or improvements to the Real Property owned by Seller, with the express written consent of Seller, which consent may not be unreasonably withheld. Notwithstanding the foregoing, prior to any entry upon the Real Property by Purchaser or any of its agents, Purchaser shall provide Seller with an insurance certificate reflecting liability insurance coverage of not less than $1,000,000 and naming Seller as an additional insured. If Closing does not occur, Purchaser shall repair and restore the Real Property to the condition existing prior to any test or construction on the site. 6. TENANCIES. Seller further warrants and represents that no person is living on or 2 occupying the Real Property, that there is no tenant in possession of the Real Property and that there are no leases or other agreements and understandings affecting possession, use or occupancy of the Real Property. 7. PRORATIONS. Expenses for electricity, water, sewer, waste collection, if any, shall be prorated to the day prior to closing. 8. CLOSING. The closing agent for this transaction shall be Any closing cost shall be paid by the Purchaser. The closing of this transaction shall be completed on the day which is thirty (30) days from the Effective Date of this Agreement. If such date falls on a Saturday, Sunday or other legal holiday, the closing shall occur on the next available business day. Seller and Purchaser agree that closing may be accomplished by escrow and that a representative of the Seller shall not be required to attend closing. 9. TIME OF THE ESSENCE. Time is of the essence of this Agreement, provided that if any date upon which some action, notice or response is required of any party hereunder occurs on a weekend or national holiday, such action, notice or response shall not be required until the next succeeding business day. All obligations are subject to Acts of God or Nature or any other occurrence, which is beyond the control of Seller or Purchaser. 10. BROKERS. Purchaser shall hold Seller harmless from and against any and all claims, liability, cost, expense, damages, judgments and causes of action, including reasonable attorney's fees, based on real estate commissions claimed due pursuant to this transaction to any real estate broker or real estate agent, which claims arise by through, or under Purchaser. 11. EXPENSES. Purchaser shall be responsible for recording fees on the Quit Claim Deed. Purchaser shall be responsible for the payment of Florida Documentary Stamp Taxes and Miami -Dade County Surtax on the Quit Claim Deed. 12. POSSESSION. Seller shall deliver possession of the Real Property to the Purchaser at closing. 13. SELLER'S DISCLAIMER/PURCHASER'S RELEASE. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER HAS NOT MADE, AND SPECIFICALLY NEGATES AND DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS OF ANY KIND OR CHARACTER REGARDING ANY ASPECT OF THE REAL PROPERTY, INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, NATURE, QUALITY OR PHYSICAL CONDITION OF THE REAL PROPERTY, (B) THE INCOME TO BE DERIVED FROM THE REAL PROPERTY, (C) THE SUITABILITY OF THE REAL PROPERTY FOR ANY ACTIVITY OR USE WHICH PURCHASER OR ANY TENANT MAY CONDUCT THEREON, (D) THE COMPLIANCE OF THE REAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A 3 PARTICULAR PURPOSE OF THE REAL PROPERTY, (F) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE REAL PROPERTY, (G) COMPLIANCE OF THE REAL PROPERTY WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE REAL PROPERTY OF HAZARDOUS MATERIALS, OR (H) THE COMPLIANCE OF THE FACILITIES ON THE REAL PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY OR ANY DOCUMENTS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO PERSON ACTING ON BEHALF OF SELLER IS AUTHORIZED TO MAKE, AND BY EXECUTION HEREOF PURCHASER ACKNOWLEDGES THAT NO PERSON HAS MADE, ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT REGARDING THE REAL PROPERTY OR THE TRANSACTION CONTEMPLATED HEREIN. PURCHASER ACKNOWLEDGES THAT,PURCHASER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE REAL PROPERTY (WHICH PURCHASER MAY HAVE ACCESS AS HEREIN SET FORTHO AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER, OTHER THAN INFORMATION EXPRESSLY REQUIRED TO BE PROVIDED BY SELLER HEREUNDER. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE REAL PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS -IS, WHERE -IS" BASIS WITH ALL FAULTS. THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT THE REAL PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. FURTHERMORE, EXCEPT FOR ANY CLAIM THE PURCHASER MAY HAVE AS A RESULT OF THE BREACH BY THE SELLER OF ANY EXPRESS REPRESENTATION OR WARRANTY OF SELLER SET FORTH HEREIN, PURCHASER DOES HEREBY RELEASE AND FOREVER DISCHARGE SELLER, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS AND ASSIGNS, FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS AND DEMANDS FOR, UPON OR BY REASON OF ANY DAMAGE, LOSS OR INJURY WHICH HERETOFORE HAVE BEEN OR WHICH HEREAFTER MAY BE SUSTAINED BY PURCHASER RESULTING FROM OR ARISING OUT OF THE PRESENCE OF ANY HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONTAMINATION ON OR IN THE VICINITY OF THE REAL PROPERTY, INCLUDING THE SOIL AND/OR GROUNDWATER (HEREINAFTER REFERRED TO AS THE "CLAIMS"). THIS RELEASE APPLIES TO ALL SUCH CLAIMS WHETHER THE ACTIONS CAUSING THE PRESENCE OF HAZARDOUS MATERIALS ON OR IN THE VICINITY OF THE REAL PROPERTY OCCURRED BEFORE OR AFTER THE CLOSING. THIS RELEASE EXTENDS AND APPLIES TO, AND ALSO COVERS AND INCLUDES, ALL STATUTORY OR COMMON LAW CLAIMS THE PURCHASER MAY HAVE AGAINST THE SELLER. THE PROVISIONS OF ANY STATE, FEDERAL, OR LOCAL LAW OR STATUTE PROVIDING IN SUBSTANCE THAT RELEASES SHALL NOT EXTEND TO CLAIMS, DEMANDS, INJURIES OR DAMAGES WHICH ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE TIME, TO THE PERSON EXECUTING SUCH RELEASE, ARE HEREBY EXPRESSLY WAIVED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING OR ANY TERMINATION OF THIS AGREEMENT. 4 14. DEFAULT. 14.1 BREACH BY SELLER. In the event of a breach of Seller's covenants or warranties herein and the failure of Seller to cure such breach within the time provided for closing, Purchaser may, at Purchaser's election and as Purchaser's sole and exclusive remedy do one of the following: (i) terminate this Agreement and the parties shall have no further rights or obligations under this Agreement (except as survive termination); (ii) enforce this Agreement by suit for specific performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach. 14.2 BREACH BY PURCHASER. In the event of a breach of Purchaser's covenants or warranties herein and the failure of Purchaser to cure such breach within the time provided for closing, Seller may seek specific performance or money damages. The Seller's measure of damages shall be the difference between the purchase price and the fair market value of the property at the time of Purchaser's breach. 15. LITIGATION. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the other party upon final court judgment, including appellate proceedings. 16. SUCCESSORS IN INTEREST. This Agreement will inure to the benefit of and be binding upon, and is intended solely for the benefit of the parties hereto, and their respective heirs, personal representatives, successors, and assigns; and no third party will have any rights, privileges or other beneficial interests herein or hereunder. 17. GOVERNING LAW. This Agreement is governed by and will be construed in accordance with the laws of the State of Florida, and in the event of any litigation concerning the terms of this Agreement; proper venue thereof will be in Miami -Dade County. 18. INVALID PROVISIONS. In the event any term or provision of this Agreement is held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions will not be affected thereby, but will be valid and remain in force and effect, provided that the inoperative provision (s) are not essential to the interpretation or performance of this Agreement in accordance with the clear intent of the parties. 19. RECORDING. This Agreement or notice thereof may be recorded by Purchaser in the minutes of the Clerk of the City of Opa-Locka, Florida, but shall not be recorded in the official public records of the Clerk of the Court of Miami -Dade County, Florida. 20. ASSIGNMENT. Neither this Agreement nor any interest therein shall be assigned by Purchaser or Seller without the express written consent of each other, which consent shall not be unreasonably withheld. 21. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in the building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found 5 in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. 22. NOTICE. All notices and demands of any kind which either party may be required or may desire to serve upon the other party in connection with this Agreement shall be in writing, signed by the party or its counsel identified below, and shall be served (as an alternative to personal service) by registered or certified mail, overnight courier service, email or facsimile transmission (followed promptly by personal service or mailing of a hard copy), at the addresses set forth below or at such other address as has been substituted by notice given in the manner required hereby. As to Seller: With a copy to: As to Purchaser: With a copy to: John E. Pate, City Manager City of Opa-locka Office of the City Manager 780 Fisherman Street Opa-locka, FL 33054 E-Mail: jpate@opalockafl.gov Burnadette Norris Weeks, Esq. Burnadette Norris -Weeks P.A. 401 NW 7th Avenue Fort Lauderdale, Florida 33311 Fax: 954-768-9770 E-Mail: bnorris@apnwplaw.com TNJ REALTY LLC c/o William Green, Managing Partner 2257 SW 132nd Avenue Miramar Florida 33027 The Barrister Law Firm c/o Christopher Benjamin P.O Box 694011 Miami Florida 33269 Any such notice or demand so secured shall constitute proper notice hereunder upon delivery to the United States Postal Service or to such overnight courier, or by confirmation of the facsimile transmission or email transmission. 23. AWARD OF AGREEMENT. Seller represents and warrants that it has not employed or retained any person employed by the Purchaser to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the Purchaser any fee, commission percentage, brokerage fee, or gift for the award of this Agreement. 24. CONFLICT OF INTEREST. The Seller covenants that no person under its employ who presently exercises any functions or responsibilities in connection with purchase and sale of the Real Property has any personal financial interest, direct or indirect, in this Agreement, except 6 for the interest of the Seller in the sale of the Real Property. The Seller is aware of the conflict of interest laws of Miami -Dade County, Florida and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of said laws and any future amendments, as well as all other federal or state laws or regulations applicable to the transaction that is the subject matter of this Agreement. 25. WAIVERS. No waiver by either party of any failure or refusal to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to comply. All remedies, rights, undertaking, obligations and agreement contained herein shall be cumulative and not mutually exclusive. 26. SURVIVAL OF REPRESENTATIONS/WARRANTIES. The representations and warranties contained in this Agreement shall survive the Closing for a period of six (6) months and be enforceable by the respective parties. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto as it pertains to the subject matter contained herein and shall supersede and take precedence over any and all prior and contemporaneous agreements and understandings between the parties hereto. 28. EFFECTIVENESS. The Effective Date of this Agreement shall be the date when the last party (Purchaser or Seller) executes this Agreement. 29. COUNTERPARTS, FURTHER INSTRUMENTS. This Agreement may be executed in counterparts, and when so executed shall be deemed executed as one agreement. Seller and Purchaser shall execute any and all documents and perform any and all acts reasonably necessary to fully implement this Agreement. (SIGNATURE PAGE FOLLOWS) 7 IN WITNESS WHEREOF, the Purchaser and Seller have duly executed this Agreement as of the day and year above written. SELLER: ATTEST: By: CITY OF OPA-LOCKA By: Joanna Flores John E. Pate City Clerk City Manager Date: Date: Approved as to form and legal sufficiency: Burnadette Norris Weeks, P.A. City Attorney PURCHASER: TNJ REALTY LLC By: Name: Title: 8 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A PARCEL OF LAND BEING A PORTION OF BLOCK 148 , OF PLAT NO. THREE OPA- LOCKA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 14 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE 20 FOOT ALLEY IN BLOCK 148 OF PLAT NO. THREE OPA-LOCKA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 14 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PART OF TRACT D, DEEDED TO COUNTY OF DADE FOR ROAD RIGHT OF WAY BY WARRANTY DEED DATES 11/22/44, FILED 11/28/44, IN DEED BOOK 2442, PAGE 471 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 9