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Home My Public Portal AboutOpinion of Title.pdfWEISS SEROTA HELFMAN COLE & BIERMAN AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW LILLIAN M. ARANGO MEMBER - REAL ESTATE GROUP LARANGO@WSH-LAW.COM April 21, 2016 VIA FEDERAL EXPRESS Mr. Jud Kurlancheek, Director Building, Zoning, and Planning Department Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Re: United Real Estate Ventures, Inc. - Unity of Title 630-640 Sunset Circle, Key Biscayne, Florida 33149 Dear Mr. Kurlancheek: With regard to the above referenced matter, enclosed for your records please find the original Opinion of Title from Michael Davey. Should you have any questions, please do not hesitate to contact us. Very truly yours, L da odR riguez Legal Assistant to Lillian M. Arango 2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 1305-854-0800 1 www.wsh-law.com OPINION OF TITLE To: The Village of Key Biscayne, Florida With the understanding that this Opinion of Title is furnished to the Village of Key Biscayne, Florida, as inducement for acceptance of a Release of Unity of Title, it is hereby certified that I have examined a complete Abstract of Title covering the period from the beginning to the21 st day of March, 2016, at the hour of 11:OOP.M., inclusive of the following described property: Lots 6 and 7, Revised Plat of Harbor Cove, according to the plat thereof as recorded in Plat Book 76, Page 12, Public Records of Miami -Dade County, Florida I am of the opinion that on the last mentioned date, the fee simple title to the above - described real property was vested in: United Real Estate Ventures, Inc., a Florida corporation Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: Mortgage to Gibraltar Bank, FSB, mortgagee(s), recorded under O.R. Book 21573, Page 2464, as modified in O.R. Book 23649, Page 1670, Public Records of Miami -Dade County, Florida Mortgage to U.S. Century Bank, a Florida banking corporation, mortgagee(s), recorded under O.R. Book 25115, Page 1792, Public Records of Miami -Dade County, Florida 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: NONE 3. GENERAL EXCEPTIONS: a) General or special taxes and assessments required to be paid in the year 2016 and subsequent years. b) Rights or claims of parties in possession not shown by the public records. c) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. d) Easements or claims of easements not shown by the public records. e) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. f) Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. g) Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and ii. Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) h) Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. 4. SPECIAL EXCEPTIONS: a) All matters contained on the Plat of Revised Plat of Harbor Cove, as recorded in Plat Book 76, Page 12, Public Records of Miami -Dade County, Florida. b) Bulkhead Line Agreements one by Trustees of the Internal Improvement Fund dated May 31, 1960 and filed in Clerk's File No.: 60R-157299 and the other by Metro Dade County Dated July 31, 1962 in Plat Book 74 at Page 4, Public Records of Miami -Dade County, Florida. c) Board Order No. 97-49 recorded August 7, 1997 and recorded in O.R. Book 17743 at Page 4289, Public Records of Miami -Dade County, Florida. d) Unity of Title and Declaration of Restrictive Covenant recorded in O.R. Book 23717, Page 4530, Public Records of Miami -Dade County, Florida. e) Encroachment of seawall and wood dock across the West boundary line into Hurricane Harbor, encroachment of CB walls, planter and A/C equipment into 6' utility easement, and encroachment of brick drives into right of way for Sunset Circle, all as shown by that certain survey dated 8/9/02, last revised on 7/29/03, prepared by Jose A. Diaz, Professional Land Surveyor and Mapper, under Order No. 22-15301-104. I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions and that none of them hinder or affect the recording or enforcement of the Release of Unity of Title. Therefore, it is my opinion that the following parties must join in the agreement in order to make the Release of Unity of Title a valid and binding covenant on the lands described herein. Name Interest Gibraltar Bank, FSB Mortgagee U.S. Century Bank, a Florida banking corporation Mortgagee The following is a description of the aforementioned abstract and its continuations: Number Company Certifying Period Covered 296685 Attorneys' Title Fund Services, LLC July 11, 2003 through March 21, 2016 I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted thi st day of April, 2016. MICHAEL W. DAVEY Florida Bar No. 689165 ROBERT ALLEN LAW 1441 Brickell Ave., Suite 1400 Miami, Florida 33131 (Tel.) (305) 372-3300 Email: mdavey@robertallenlaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this LA day of Aril, 2016, b Michael W. Davey, who is personally known to me . • . .roduced Q� as identification. My Commission Expires: Notary Public E' Print Name •ti'PY °y''• VANESSA VAZQUEZ +: MY COMMISSION # FF 159877 EXPIRES: October 1, 2018 pf�S,`�'. Bonded Thru Notary Public Underwriters