HomeMy WebLinkAboutOpinion of Title February 6, 202620 2 6 - 3 4 2 2 2
This instrument was prepared by or under
the supervision of:
Name: Meredith Singer, Esq.
Greenberg Tramig, P.A.
333 S.E. 2"a Avenue
Miami, Florida 33131
(Space Reserved for Clerk)
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as
inducement for acceptance of a Water Easement, covering the real property, hereinafter described, it is
hereby certified that I have examined that certain (i) Surveyor's Affidavit signed by Schwebke-Shiskin &
Associates, Inc. which confirms that the legal description of the Water Easement is wholly contained within
the boundary lines of the legal description set forth in the Tide Search Report (the "Overall Legal
Description"); (ii) Action by Written Consent in lieu of a Special Meeting of the Managers of TCH 500
Alton Holdings, LLC (the "Company Resolutions"); and (iii) Chicago Title Insurance Company's Title
Search Report under File Number: 12855282 covering the period from the Beginning to February 6, 2026
at 11:00 p.m., inclusive, of the following described property:
See Exhibit "A" attached hereto and made a part hereof.
I am of the opinion that on the last-mentioned date (i.e. February 6, 2026 at 11:00 p.m.), the fee simple title
to the above -described real property was vested in:
TCH 500 Alton Commercial, LLC, a Delaware limited liability company
As of the date hereof, either David Martin and/or Russell Gallant is authorized to sign on behalf of TCH
500 Alton Commercial, LLC, a Delaware limited liability company
Subject to the following encumbrances, (If "none" please indicate):
A. RECORDED MORTGAGES: NONE
B. RECORDED CONSTRUCTION LIENS CONTRACT LIENS AND JUDGEMENTS
i) Possible labor, mechanics and materialmen's liens arising out of that certain Notice of
Commencement recorded on June 2, 2025, in Official Records Book 34-30_ Page
IT-. as affected by that certain First Amendment to Notice of Commencement record
on December 29, 2025 in Official Records Book 35094, Page 3201.
C. SPECIAL EXCEPTIONS:
(1) Plat filed October 27, 1925, recorded in Plat Book._,. Page 8,
(2) Public School Concurrency Proportionate Share Mitigation Development Agreement
filed April 1, 2016, recorded in official Records Book 30020_, Pa_c 3_1)4
(3) Modified Conditional Use Permit filed October 12, 2016, recorded in Utllaial Record,
Book -,O61. Paec',8',0.
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(4) Modified Conditional Use Permit filed June 1, 2017, recorded in Official Records Book
30554, Page 951.
(5) Development Agreement filed February 12, 2019, recorded in Official Records Book
31323, Page 2781.
(6) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1515.
(7) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1527.
(8) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1730.
(9) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1762.
(10) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1784.
(11) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1796.
(12) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1809.
(13) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1821.
(14) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1834.
(15) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1846.
(16) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1858.
(17) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1870.
(18) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1882.
(19) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1895.
(20) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1908.
(21) .Order filed May 23, 2019, recorded in Official Records Book 31454. Page 1921.
(22) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1951.
(23) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1976.
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(24) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1989.
(25) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2002.
(26) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2017.
(27) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2047.
(28) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2060.
(29) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2113.
(30) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2126.
(31) Order filed May 23. 2019, recorded in Official Records Book 31454, Page 2137.
(32) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2166.
(33) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2180.
(34) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2193.
(35) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2204.
(36) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2215.
(37) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2226.
(38) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2237.
(39) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2259.
(40) Order filed May 31, 2019, recorded in Official Records Book 31465, Page 4052.
(41) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501,
Page 1022.
(42) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501,
Page 1107.
(43) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501,
Page 1124.
(44) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501, Page
1148.
(45) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4279.
(46) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4527.
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(47) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4679.
(48) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4693.
(49) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4729.
(50) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4782.
(51) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4896.
(52) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31507, Page
2743.
(53) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31507, Page
2886.
(54) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31507, Page
2899.
(55) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1204.
(56) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1393.
(57) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1478.
(58) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1868.
(59) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1962.
(60) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
2002.
(61) Public School Concurrency Proportionate Share Mitigation Development Agreement
filed August 2, 2019, recorded in Official Records Book 31553, Page 3929.
(62) Assignment and Assumption of Development Agreement filed September 3, 2019,
recorded in Official Records Book 31627, Page 1177.
(63) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3459.
(64) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3469.
(65) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3479.
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(66) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3489.
(67) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3500.
(68) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3510.
(69) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3520.
(70) Order filed December 9, 2019, recorded in Official Records Book 31718. Page 3530.
(71) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3540.
(72) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3550.
(73) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3560.
(74) Order filed December 18, 2019, recorded in Official Records Book 31733, Page 548.
(75) Second Amendment to Development Agreement filed January 13, 2021, recorded in
Official Records Book 32286, Page 4378. (Ref: OR 31627, Pg 1177).
(76) First Amendment to Development Agreement filed February 2, 2021, recorded in
Official Records Book 32326, Page 279. (Ref: OR 31323, Pg 2781, OR 31627, Pg
1177).
(77) Declaration of Restrictive Covenants Running with the Land filed May 2, 2022,
recorded in Official Records Book 33164, Page 3858.
(78) Agreement filed May 2, 2022, recorded in Official Records Book 33164, Page 3901.
(79) Declaration of Restrictive Covenants in Lieu of Unity of Title filed May 2, 2022,
recorded in Official Records Book 33164, Page 3948.
(80) Easement Agreement (6th Street Easement) filed May 2, 2022, recorded in Official
Records Book 33164, Page 4018.
(81) Grant of Easement and Agreement filed May 2, 2022, recorded in Official Records
Book 33164, Page 4051.
(82) Easement Agreement (Pedestrian Pathway - 500 Block) filed May 2, 2022, recoded in
Official Records Book 33164, Page 4076.
(83) Easement Agreement (5th Street Easement) filed May 2, 2022, recorded in Official
Records Book 33164, Page 4103.
(84) Easement Agreement (West Avenue Sidewalk Easement) filed May 2, 2022, recorded
in Official Records Book 33164, Page 4125.
(85) Easement Agreement (Floridian Parking Lot Access Easement) filed May 2, 2022,
recorded in Official Records Book 33164, Page 4149.
(86) Affidavit filed July 21, 2022, recorded in Official Records Book 33300, Page 3743.
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(87) Declaration of Restrictive Covenants and Maintenance Agreement for Utility Easement
filed September 30, 2022, recorded in Official Records Book 33403, Page 4833.
(88) Perpetual Easement filed January 9, 2023, recorded in Official Records Book 33535,
Page 4773.
(89) Affidavit filed January 9, 2023, recorded in Official Records Book 33535, Page 4804.
(90) Subordination of Easement Agreement filed January 9, 2023, recorded in Official
Records Book 33535, Page 4797.
(91) Declaration of Restrictive Covenants concerning Improvements in Public Right -of -Way
filed November 17, 2023, recorded in Official Records Book 33973, Page 2496.
(92) Declaration of Covenants,Restrictions and Easements for Five Park filed November 14,
2024, recorded in Official Records Book 34492, Page 3298.
(93) Parking Easement filed November 14, 2024, recorded in Official Records Book 34492,
Page 3895. (Ref: OR 33164, Pg 3948).
(94) Collateral Assignment of Declarant's Rights (Note A) filed December 9, 2024,
recorded in Official Records Book 34526, Page 2093.
(95) Amendment to Declaration of Covenants, Restrictions and Easements for Five Park
filed October 14, 2025, recorded in Official Records Book 34982, Page 2939. (Ref: OR
34492, Pg 3298).
(96) Amendment to Declaration of Covenants, Restrictions and Easements for Five Park
filed January 23, 2026, recorded in Official Records Book 35130, Page 3551. (Ref:OR
34492, Pg 3298).
Note: All of the recording information contained herein refers to the Public Records of Miami -Dade
County, Florida.
I HEREBY CERTIFY that I have reviewed all the encumbrances and exceptions and that none of
them hinder or affect the recording or enforcement of the Watennain Easement.
Therefore, it is my opinion that the following party(ies) mustjoin in the agreement in order to make
the Covenant a valid and binding covenant on the lands described herein:
TCH 500 Alton Commercial, LLC, a Delaware limited liability company
I HEREBYFURTHER CERT/FYthat the legal description of the Water Easement set forth in the
Surveyor's Affidavit coincides with, and is the same as, the legal description in the proffered, recordable
agreement.
(SIGNATURE APPEARS IN FOLLOWING PAGE)
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1, the undersigned, further certify that I am an attomey-at-law duly admitted to practice in the State
of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this Lf day of April, 2026.
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing in'ssttrpu,��ent was acknowlec
online notarization, this � day of April, 2026
Kff
�CwnmiEomm.01Y
GREENBERG TRAURIG, P.A.
By. fil4t zol✓l_C
Meredith Sin®® r, Es
Florida Bar N- . 04 54
333 SE 2nd Avenue
Miami, Florida 33131
(305)579-0822
before me, by means of physical presence or _
deredkl+ Singer, who is per onally known to me.
My Commission
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
(OVERALL LEGAL DESCRIPTION)
LAND DESCRIPTION: (BLOCK 500):
LOTS 2 THROUGH 16, INCLUSIVE, A PORTION OF LOTS 1, 17,18 AND 19 AND THAT CERTAIN
15 FOOT VACATED ALLEY LYING ADJACENT TO LOTS 1 THROUGH 16, INCLUSIVE, AND
LOTS 18 AND 19, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTHERN MOST NORTHWEST CORNER OF SAID LOT 11; THENCE NORTH
89-37-30" EAST ALONG THE NORTH LINES OF SAID LOTS 10 AND 11, A DISTANCE OF 210.00
FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A
CENTRAL ANGLE OF 89059'39" AND AN ARC DISTANCE OF 31.41 FEET; THENCE SOUTH
00022'51" EAST ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 10, A DISTANCE OF 277.46
FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, RAVING A RADIUS OF 65.5 FEET, A
CENTRAL ANGLE OF 87D00'49" AND AN ARC DISTANCE OF 99.47 FEET; THENCE SOUTH
86038'28" WEST, A DISTANCE OF 112.67 FEET TO A POINT ON A NON -TANGENT CURVE (A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19033'06" WEST); THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET, A
CENTRAL ANGLE OF 46006'19" AND AN ARC DISTANCE OF 23.58 FEET; THENCE NORTH
2402V35" WEST ALONG THE WESTERLY LINE OF SAID LOTS 17 AND 16. A DISTANCE OF 73.04
FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 335.75 FEET, A CENTRAL ANGLE
OF 23057'44" AND AN ARC DISTANCE OF 140.42 FEET (THE LAST DESCRIBED BEARING AND
DISTANCE BEING ALONG THE WEST LINE OF SAID LOTS 16, 15 AND 14); THENCE NORTH
FEET SWEST
THE
WEST LINE COSAID
CONCAVELOTS I TOUTHEAST; N HE SODISTANCE
O
F 130.00
TOA POINT ONATANGENT
THENCE
NORTHEASTEARC OF
US OF 20.00 FEET, A
CENTRAL ANGLE OF 90 0 2FIE I
AND AN ARC DISTANCE OF 31.42 FFED CURVE HAVING A DEIT TO THE POINT OF
BEGINNING.
LESS AND EXCEPT:
A PORTION OF LOT 9, AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, ACCORDING
TO THE PLAT OF, AS RECORDED IN
T BOOK 21 AT PAGE 83, OF THE PUBLIC
RECORDS OF MIAMI- DADE COUN Y,
FLORIDA,FLLORI A,BE MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE MOST EASTERLY NORTHEAST CORNER OF LOT 10 OF SAID PLAT OF
AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION; THENCE S 00'22'51" E ALONG THE
WEST RIGHT OF WAY LINE OF ALTON ROAD FOR 79.23 FEET; THENCE S 89'37'09" W FOR
39.26 FEET TO THE POINT OF BEGINNING; THENCE N 36'19'14" W FOR 22.31 FEET; THENCE S
53'4V46" W FOR 2.69 FEET; THENCE N 3GIVI4" W FOR 6.93 FEET; THENCE S 53'36'48" W FOR
9.09 FEET; THENCE N 3619'03" W FOR 17.91 FEET; THENCE N 53'21'30" E FOR 25.87 FEET;
THENCE S 3637'45" E FOR 42.35 FEET; THENCE S 16'00'46" E FOR 2.31 FEET; THENCE S 06I838"
W FOR 2.31 FEET; THENCE S 28-38-01" W FOR 2.31 FEET; THENCE S 53'44'38" W FOR 9.85 FEET
TO THE POINT OF BEGINNING.
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SAID LANDS SITUATE LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA
AND LESS AND EXCEPT:
FIVE PARK CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF
CONDOMINIUM, RECORDED ON NOVEMBER 14, 2024, IN OFFICIAL RECORDS BOOK 34492,
PAGE 3683, AS AMENDED IN OFFICIAL RECORDS BOOK 34583, PAGE 4292, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND LESS AND EXCEPT:
PARK RESIDENCES CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM, RECORDED ON NOVEMBER 14, 2024, IN OFFICIAL
RECORDS BOOK 34492, PAGE 3455, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
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