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Title Search Report ,. ". CITY OF MIAMI BEACH CITY ATTORNEY'S OFFICE DATE: Anna P. Parekh Redevelopment Specialist Murray H. Dubb~ll . 1IIf::':.. J .. V City Attorney ( V",\ ~~. February 6, 2002 TO: FROM: SUBJECT: Lots 9, 10, 11 and 12, Block 8, Ocean Beach, Florida Pursuant to your request, I am enclosing Attorney's Title Insurance Fund Title Search Report dated January 31 , 2003 with an attachment. The report shows title to be vested in the City of Miami Beach. There are no restrictions shown on record. The record does indicate a past interest of some sort in the Lutheran Ministries of Florida by virtue of an Order of the Zoning Board of Adjustment, dated December 31,1986, granting a variance for parking spaces (attached). I have no further information on the Lutheran Ministries of Florida. MHD:lm Enc!. , c. , t' '-1 C~ C. ;::.:...... (J'\- -0. ~7:,;:; "" \,,() ~,~ L> o -..I !:;J J:;a '..'-<" " ., TITLE SEARCH REPORT Fund File Number: 01-03-1874 The information contained in this title search is being fumished by Attorneys' Title Insurance Fund, Inc. If this report is to be used by a title insurance agentfor evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work, as provided in the Real Estate Settlement Procedures Act ("RESPA") and regulations promulgated pursuant thereto. If this report is used SOLELY in connection with litigation, RESPA does not apply. Provided For: City of Miami Beach/City Attorneys' Office Agent's File Referellce: Annparekh After an examination of this search the Agent must: A. Evaluate aU instruments, plats and documents contained in the report. B. Include in the Commitment under Schedule B, any additional requirements and/or exceptliiiiS you find necessary from your analysis of the surveys, prior title evidence or other relevant information from the transaction. C. Verify the status of corporations and limited partnerships with the appropriate governmental agency or other authorities. D. If no Fund approved base was available for use in preparation of this product, determine whether tIre property has legal access. E. Determine if any unpaid municipal taxes or assessments exist, which are not recorded in the Official Records Books of tIre county. F. Ifno Fund approved base was availablefor use in preparation of this product, determine whether any portioll of the property is submerged or artificially filled, if the property borders a body of water, and if riparian or littoral rights exist. G. The information provided herein does not include a search of federal liens and judgment liens 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: (a) 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 (b) 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 liell may be acquired under the provisions of Sec. 55.201, et seq., F.S.) Signed this 31 st day of January, 2003. Attorneys' Title Insurance Fund, Inc. Prepared by: Mario Gonzalez Typist: Ij Authorized Signature: -(Y\O... a.A. n ~"'Q'Y ~ Page 1 of4 TITLE SEARCH REPORT Fund File Number: 01-03-1874 Effective Date of Fund approved base title information: 3-6-30 Effective Date of Search: December 23, 2002 at 11 :00 pm Apparent Title Vested in: City of Miarni Beach Description of real property to be insured/foreclosed situated in Miami-Dade County, Florida. Lots 9 to 12, Block 8, OCEAN BEACH, according to the map or plat thereof as recorded in Plat Book 2, Page(s) 38, Public Records of Miami-Dade County, Florida. Muniments of Title, including bankruptcy, foreclosure, quiet title, probate, guardianship and incompetency proceedings, if any, recorded in the Official Records Books of the county: 1, Warranty Deed from Josepe G. Nagengast and Jennie E, Nagengast to City of Miami Beach, recorded 3-6-30 in Deed Book 1365, Page 85, Public Records of Miami-Dade County, Florida. Mortgages, Assignments and Modifications: None. Other Property Liens: 1. Taxes and assessments for the year 2002 under Folio Nurnber 02-4203-003-1060 due. Restrictions/Easements: 1. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Ocean Beach, as recorded in Plat Book 2, Page(s) 38, Public Records of Miami-Dade County, Florida. 2. Conditional Use Permit recorded in O.R. Book 13177, Page 2896, Public Records of Miami-Dade County, Florida. 3. Orderrecorded in O.R. Book 18617, Page 13 and OR Book 13137, Page 2968, Public Records of Miami-Dade County, Florida. Page 2 of 4 . TITLE SEARCH REPORT Fund File Number: 01-03-1874 Other Encumbrances: None, REAL PROPERTY TAX INFORMATION A IT ACHED Proposed Purchaser/Mortgagor: None The name of the proposed purchaser/mortgagor was searched for the past twenty years for unsatisfied judgments and tax liens (state,federal alld other liens for the recovery of money) and personal names were checked for un restored incompetency and for guardianship proceedings. The following matters appeared of record and copies are attached for evaluation by the agent: None. STANDARD EXCEPTIONS Unless satisfactory evidence is presented to the agent eliminating the needfor standard exceptions, the following should be made a part of any commitment or policy. 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroach~ents, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. 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. 6. 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, illcluding submerged, filled and artificially exposed lands, and lands accreted to such lands. Page 3 of 4 TITLE SEARCH REPORT , ' . Fund File Number: 01-03-1874 7. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., alld Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liells and judgment liens against personal property. For insuring purposes: (a) 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 pprtnership, corporation, trust or decedel11!s- estate; and (b) 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. (!Vote: 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.) 8. 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. This report does not cover matters filed in the Federal District Courts of Florida EXCEPT FOR BANKRUPTCY PROCEEDINGS filed prior to October 7, 1984, when the property lies in either DADE, DUVAL, HILLSBOROUGH, LEON OR ORANGE COUNTY. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the lis pendens to assure that all necessary and proper parties are joined. Consideration should be given to joining as defendants any persons in possession, other than the record owner, and any parties, other than those named herein, known to the plaintiff or the plaintiff's attorney and having or claiming an interest in the property. Prior to issuance of any policy of title insurance underwritten by the Company, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording daters) of the instrument(s) on which the policy is based. Page 4 of 4 IMAGEOl : FL-03-18497-2 01/31/2003 lO:22:26am 1981 FE8 II PI I: itS 87ROS30H I[ 13177~2& IN RE: UftlU 'l'U PLUIIIIIG 80AIlD or '!'1m cnl or IIIMI BIIlCB, PLORlDA The .pplic.tlon of Luther.n Minlstri.. of Florid. COIDITIOMAL USI PERMIT On the :as day of July, 191' the applicant., Lvth.l'.n MinhUies of Florid. filed an .ppllc.tion with the Dir.ctor of the Pl.nning oep&l't..nt for a Condition.l U.e 'erait a. per Section 7 of Mia.i ..ach loning Ordinanc. 11'1, Svpplemental'Y U.e ..gulation.: Th. Mi..i ...ch Pl.nning Bo.rd held. pvblic he.rin9 on S.pt..ber 4. 19". and voted to .pproved the following. Mdr..., 225 ....hin9ton IIv.nue, Mia.i B.ach, Florid. Legal Description: L9, 10, 11, .1 Oce.n ".ch Addition 110.3 (82. P311 Conditional Use: To ..tablish fa.ily cen~er with one story .odvlar addition to the .xi.tin9 on. .tOl'Y CBS building. Conditions. None ;;.. ni. docwaent sl:all b. r.corded on t.he Public ..col'd. for and in Dade County. Florid.. Notice of the reque.t for conditional u.. v.s giv.n .. l'eqlll1'ed by I.. .nd _U.d to ovneu of property wlt.hin . dietance of 375 feet of the e.t.rlor ll.its of the propel'ty on which application .as _de. The 80.d finds th.t t.h. propel'ty in que.tion is locat.d in t.he KU lonin9 Distl'ict .nd further finds: That tbe application Is conslat.nt vith the coapr.hen.ive Pl.n, That etrvctur;;-.nd Il... ...oci.tsd with the l'eqg.st are consi.tent wit.h the Ordin.nc., That the public h.alth, .afety. IDOr.l., .nd gener.l welfal'. will not be adv.l's.ly aUected, That ad.qllat.. off-.treet parking f.cilities vill be pl'ovld.d: That the n.c....ry s.f.';III.rd. viII b. provid.d for the protection of .vrrounding pl'operty, per.on., .nd n.i9hborhood v.lv.s, and 'l'hat the int.ended v.e or con.truction does not plac. . bvrd.n upon City .'l'vice.. '., q/ Page 1 of 2 0, " IMAGEOl : FL-03-18497-2 01131/2003 10:22:26am Page 2 of 2 . I~ 13177~289T IT IS THERBFORE ORDERED. by the lIoard, that a Conditional Use perllit as req"ested and s.t forth above be granted. PROVIDED, the applicant shall take all nece..uy steps to have building per.it is.ued by the Director ;)f the Develop.ent Services Divi.ion within a period of six 16) .onths froe the date hereof, otherwise tbls Ordel' shall become null and void, unless the ti.e for the i.suance of such perllit h extended by the Planning Boa1'4. This Order does not con.titute a per.lt, but upon pre.entation of this Order to the Director of the Developnent Services Department, a permit .hall be issued in accordance with and pvrsuant to the ordinances of the City of Mia..i Beach. Dated thi. Ie IDtA day of -:;. ~j.A" ~ ' 191.,. pLiNNI~ BOARD OF THE CITY OF MIAMI BEACH, FLORIDA BY:J~~~ FOR CHAIRMAN STATE OF FLORIDA) )SS COON'1'Y OF DADE ) BEFORB ME personally appeared RUSSELL GALBUT t 0 WITNESS my hand and official s.al, this J~~ 7 Il'A~' .;)' A.D. 191.2. My coe.is.ion expll'e. Yn. IIO'l'ARY ..'" _:e StilE or ....... STATE OF ., CHlIISIDI lIP. FlI. ..tlll __ ..... ...11. '". ... (@) ( ) ... Jud Kurlanch..k, Planning Director Director of Developnent Services .... ..-- . ,,:. ... '<<:I;~... .., .,t."(.:).: . . ':... Ilf"!!. .-........ ,,' ..--- R\~~'CI"' cl)III1 -2-