Resolution 2018-30495 RESOLUTION NO. 2018-30495
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING
A PUBLIC HEARING, AUTHORIZING THE RE-PLAT OF A
PORTION OF THE "LINDISFARNE ON FISHER ISLAND
SECTION 9" PLAT; AS FURTHER IDENTIFIED IN
ATTACHED EXHIBIT "A," WITH THE RE-PLAT TO BE
CALLED "BISCAYNE APARTMENTS NORTH;" AND
TRANSMITTING THIS RESOLUTION TO MIAMI-DADE
COUNTY, FLORIDA, SO THAT MIAMI-DADE COUNTY CAN
COMPLETE THE RE-PLATTING PROCESS.
WHEREAS, Chapter 28, of the Miami-Dade County Code, is the guiding
authority for the entirety of the County as it relates to the subdivision of land; and
WHEREAS, Miami-Dade County controls all division of land, relating to the
plat thereof, and the municipalities of Miami Dade County may choose to have their
own plat committee, or simply have the County's plat division review tentative plats,
re-plats, and final plats; and
WHEREAS, the City of Miami Beach does not have its own plat division; and
WHEREAS, prior to taking action on a re-plat within the City of Miami Beach,
the County requires authorization, if deemed appropriate, by the City of Miami
Beach to proceed with the re-plat; and
WHEREAS, Fisher Island is partly located within the City of Miami Beach,
and there is an existing plat known as Lindisfarne on Fisher Island Section 9, which
platted area has been developed into several large condominium complexes and
other portions of the plat are currently under construction; and
WHEREAS, certain condominium areas are completed and are owned
separate from the applicant, and other areas are currently being developed; and
WHEREAS, the existing plat along a portion of the area currently being
developed reflects a roadway and easements in a different area than is
contemplated by the new development; and
WHEREAS, in order to ensure that the plat and construction documents are
consistent, the re-plat would allow the completion of the development as further
identified in the attached Exhibit "A;" and
WHEREAS, the City's professional surveyor and mapper (The City's Public
Works Department and Plat Review Division), reviewed both the original plat and the
re-plat and has no objection to the re-plat; and
WHEREAS, pursuant to Miami-Dade County Code, Section 28-6(b), entitled
"Same — Revising after Plat Approval," that any changes, erasures, modifications or
revisions to an approved plat after the governing body, after public hearing and based
only upon a recommendation of its Plat Division, change, modify or revise dedicated
road rights-of-way or drainage easements;
WHEREAS, the City of Miami Beach desires to hold the public hearing to
authorize the re-plat.
WHEREAS, the Mayor and City Commission have no objection to and agree to
proceed with the re-plat to be called "Biscayne Apartments North" as further identified
in the attached Exhibit "A."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission, following a public hearing, hereby authorize the re-plat of a portion of the
"Lindisfarne On Fisher Island Plat" as further identified in attached Exhibit "A," with the
re-plat to be called "Biscayne Apartments North Plat;" and transmitting this resolution to
Miami-Dade County, Florida, so that Miami-Dade County can complete the re-platting
process.
PASSED and ADOPTED this /2 day of Sep78m6er , 2018.
ATTEST:
Dan Gelber, Mayor
4 `i 27 W aw"" uit
Rafael G. Granado, ity Clerk �\ B Eq" C� APPROVED AS TO
FORM 8 LANGUAGE
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& FOR EXECUTION
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City florae A Date
Resolutions - R7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
10:20 a.m. Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AT PUBLIC HEARING,AUTHORIZING THE RE-PLAT OF
A PORTION OF THE "LINDISFARNE ON FISHER ISLAND SECTION 9" PLAT; AS
FURTHER IDENTIFIED IN ATTACHED EXHIBIT "A," WITH THE RE-PLAT TO BE
CALLED "BISCAYNE APARTMENTS NORTH;" AND TRANSMITTING THIS
RESOLUTION TO MIAMI-DADE COUNTY, FLORIDA, SO THAT MIAMI-DADE
COUNTY CAN COMPLETE THE REPLATTING PROCESS.
ANALYSIS
Chapter 28 of the Miami-Dade County Code is the guiding authority for the entirety of the County as
it relates to the subdivision of land. Miarni-Dade County controls all division of land, relating to the
plat thereof, and the municipalities of Miami Dade County may choose to have their own plat
committee, or simply have the County's plat division review tentative plats, re-plats, and final plats.
The City of Miami Beach does not have its own plat division, and as such, prior to taking action on a
re-plat within the City of Miami Beach, the County requires authorization, if deemed appropriate, by
the City of Miami Beach to proceed with the re-plat. Fisher Island is partly located within the City of
Miami Beach, and there is an existing plat known as "Lindisfarne on Fisher Island Section 9", which
platted area has been developed into several large condominium complexes and other portions of the
plat are currently under construction. Certain condominium areas are completed and are owned
separate from the applicant, and other areas are currently being developed.
The existing plat along a portion of the area currently being developed reflects a roadway and
easements in a different area than is contemplated by the new development. In order to ensure that
the plat and construction documents are consistent, the applicant seeks to do a re-plat of that portion
which is under development (attached) and the City's professional surveyor and mapper, reviewed
both the original plat and the re-plat and has no objection to the re-plat.
Pursuant to Miami-Dade County Code,• Section 28-6(b), entitled "Sarre - Revising after Plat
Approval," that any changes, erasures, modifications or revisions to an approved plat after the
governing body, after public hearing and based only upon a recommendation of its Plat Division,
change, modify or revise dedicated road rights-of-way or drainage easements. The City of Miami
Beach desires to hold the public hearing to authorize the re-plat. The Mayor and City Commission
have no objection to and agree with the applicant to proceed with the re-plat to be called "Biscayne
Apartments North".
Page 1073 of 1802
CONCLUSION
The Administration recommends approving the Resolution.
agislative Tracking
Public Works
ATTACHMENTS:
Description
o Resolution
❑ plans
❑ Opinion of title
Page 1074 of 1802
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OPINION OF TITLE
To: Miami-Dade County,a political subdivision of the State of Florida
With the understanding that this Opinion of Title is furnished to MIAMI-DADE COUNTY, a
political subdivision of the State of Florida,as inducement for acceptance and in compliance with
Chapter 28, Subdivision Code,and as an inducement for acceptance of the Biscayne Apartments
North Plat (the "Plat") covering the real property hereinafter described, it is hereby certified that
we have examined the First American Title Insurance Company (the "Title Company") Title
Commitment No. 5011612 - 1062 - 3937060 Revision L (the "Title Evidence") covering the
period from the beginning of time to May 30,2018,at 8:00 A.M.(the"Title Commitment Effective
Date"), of the following described real property:
See Exhibit"A"attached hereto and made a part hereof(the"Property").
Based solely on our review of the Title Evidence as of the Title Commitment Effective
Date, we are of the opinion that on the last mentioned date,the fee simple title to the Property is
vested in:
PDS Development LLC, a Delaware limited liability company ("PDS"), Fisher Island
Holdings, LLC, a Florida limited liability company ("FIH"), and the parties set forth in Exhibit
"B" attached hereto and made a part hereof (collectively, the "Unit Owners", as owners of
condominium units in the condominium regime created pursuant to the Condominium Governing
Documents (defined below)which exists on a portion of the Property).
Based on our review of the governing documents of PDS and PDS Holdco I LLC, Seth
Goldman, is the Chief Financial Officer, Secretary, and Treasurer, of PDS Holdco I LLC, a
Delaware limited liability company, the sole managing member of PDS and has the power and
authority to execute the Plat on behalf of PDS; and
Based solely on our review of the governing documents of FIH, Roberto A. Sosa, is the
President of FIH,and has the power and authority to execute the Plat on behalf of FIH;and
Based solely on our review of the governing documents for the Palazzo del Sol/della Luna
at Fisher Island Condominium Association, Inc., as set forth in Declaration of Condominium
(including without limitation, Section 11(k)of such Declaration of Condominium)of PALAZZO
DEL SOL/DELLA LUNA AT FISHER ISLAND,A CONDOMINIUM,and all Exhibits annexed
thereto, including the Articles of Incorporation, Bylaws, Rules and Regulations all amendments
and modifications thereto, recorded December 30, 2015 in Official Records Book 29908, Page
447;as amended by First Amendment recorded February 4,2016 in Official Records Book 29950,
Page 3219; Second Amendment recorded March 14,2016 in Official Records Book 29997,Page
1851; Third Amendment recorded May 2,2017 in Official Records Book 30516,Page 4655;and
Fourth Amendment recorded August 31, 2017 in Official Records Book 30676, Page 564, of the
Public Records of Miami-Dade County, Florida (Collectively, the "Condominium Governing
Documents"), Heinrich von Hanau, is the President of the Palazzo del Sol /della Luna at Fisher
Island Condominium Association, Inc., a Florida not-for-profit corporation (the "Condominium
Page 1081 of 1802
Association") and has the power and authority as attorney-in-fact to execute the Plat on behalf of
Condominium Association,the Unit Owners and the holders of the Unit Mortgages.
Subject to the following liens,encumbrances and other exceptions:
1. RECORDED MORTGAGES:
A. Mortgage, Security Agreement, Assignment of Leases and Fixture Filing in the original
principal amount of$90,000,000.00, executed by PDS Development LLC, a Delaware
limited liability company in favor of CMTG Lender 6 LLC, a Delaware limited liability
company,recorded December 29,2017 in Official Records Book 30811,Page 1245;
TOGETHER WITH Assignment of Leases and Rents executed by PDS Development LLC,
a Delaware limited liability company in favor of CMTG Lender 6 LLC,a Delaware limited
liability company recorded December 29, 2017 in Official Records Book 30811, Page
1276;
TOGETHER WITH UCC Financing Statement naming PDS Development LLC as debtor
and CMTG Lender 6 LLC as secured party recorded December 29, 2017 in Official
Records Book 30811, Page 1290;
TOGETHER WITH Collateral Assignment of Developer's Rights under Condominium
Documents by PDS Development, LLC, a Delaware limited liability company in favor of
CMTG Lender 6 LLC,a Delaware limited liability company recorded January 30,2018 in
Official Records Book 30846,Page 1430.
B. Restrictive Covenant Agreement by PAR 7, LLC, a Delaware limited liability company;
Fisher Island Holdings, LLC, a Florida limited liability company; and PDS Development
LLC,a Delaware limited liability company, in favor of CMTG Lender 6 LLC,a Delaware
limited liability company recorded December 29, 2017 in Official Records Book 30811,
Page 1297,of the Public Records of Miami-Dade County,Florida.
C. The mortgages described on Exhibit "C" attached hereto and made a part hereof
(collectively,the"Unit Mortgages")
2. RECORDED CONSTRUCTION LIENS,CONTRACT LIENS AND
JUDGMENTS:
A. Notice(s) of Commencement, recorded September 18, 2016 in Official Records Book
30222, Page 4125 and re-recorded September 6, 2017,in Official Records Book 30681,
Page 3872 (Unit 7032)
B. Notice of Commencement,recorded June 28,2017,in Official Records Book 30591,Page
3946(Unit 7066).
2
Page 1082 of 1802
C. Notice of Commencement,recorded June 28,2017, in Official Records Book 30591,Page I,
3947(Unit 7042).
D. Notice of Commencement, recorded August 8, 2017, in Official Records Book 30645,
Page 2173 (Unit 7071).
E. Notice of Commencement, recorded August 22, 2017,in Official Records Book 30664,
Page 815 (Unit 7035).
F. Notice of Commencement, recorded October 23, 2017, in Official Records Book 30728,
Page 1268 (Unit 7076).
G. Notice of Commencement,recorded December 29,2017 in Official Records Book 30811,
Page 1452, Amended Notice of Commencement recorded January 16, 2018, in Official
Records Book 30828, Page 4600; and Corrective Amended Notice of Commencement
recorded April 13,2018 in Official Records Book 30938,Page 4716.
H. Notice of Commencement, recorded May 30,2018 in Official Records Book 30993,Page
1800(Unit 7036).
3. GENERAL EXCEPTIONS:
A. Rights or claims of parties in possession not shown by the public records.
B. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and
any parties claiming through the lessee(s)under the lease(s).
C. Defects, liens encumbrances, adverse claims or other matters, easements, or claims of
easements,not shown by the public records.
D. Easements, claims of easements, encroachments, overlaps, boundary line disputes,
variations,or other matters which would be disclosed by an accurate and complete survey of
the premises.
E. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
F. Any mineral rights leased, granted or retained by the current owner or prior owners.
G. Taxes or assessments due and payable and any taxes or special assessments which are not
shown as existing liens by the public records.
H. Any lien as provided by Chapter 159,Florida Statutes,in favor of any city,town,village or
port authority for unpaid service charges for service by any water, sewer or gas systems
supplying the Property.
3
Page 1083 of 1802
4. SPECIAL EXCEPTIONS:
A. Deed No. 16,936 from the Trustees of the Internal Improvement Fund of the State of
Florida, recorded August 13, 1920 in Deed Book 230, Page 5, of the Public Records of
Miami-Dade County, Florida. Note: The right of entry has been released pursuant to
S270.11,F.S.
B. Easement granted to City of Miami Beach, Florida,recorded July 21, 1925 in Deed Book
681, Page 129, of the Public Records of Miami-Dade County,Florida.
C.Declaration of Restrictive Covenants Governing Development of Fisher Island, including
any amendments or modifications thereto, recorded November 14, 1978, in Official
Records Book 10212, Page 1461; as modified by Addendum and Modification of
Declaration of Restrictive Covenants Governing Development of Fisher Island, recorded
as part of the Declaration in Official Records Book 10212, Page 1492; as modified by
Substituted Declaration of Restrictive Covenants Governing Development of Fisher Island,
recorded July 1, 1983,in Official Records Book 11836,Page 878; as modified by Second
Substituted Declaration of Restrictive Covenants Governing Development of Fisher Island,
recorded April 7, 1989, in Official Records Book 14063, Page 977, of the Public Records
of Miami-Dade County, Florida. (This exception only applies to that portion of the replat
located in the unincorporated area of Dade County and not the properties located within
the City of Miami Beach).
D. Agreement for the Construction of Sanitary Sewer Facilities and for the Disposal of
Sanitary Sewage for Lindisfarne on Fisher Island between Miami-Dade Water and Sewer
Authority and Island Developers, Ltd.recorded March 9, 1982 in Official Records Book
11373,Page 1146,of the Public Records of Miami-Dade County,Florida.
E. Agreement for the Construction of Water Facilities and for the Provision of Water Service
for Lindisfarne on Fisher Island between Miami-Dade Water and Sewer Authority and
Island Developers, Ltd.recorded March 9, 1982 in Official Records Book 11373, Page
1173, of the Public Records of Miami-Dade County,Florida.
F. Amended and Restated Master Covenants for Fisher Island,which contains provisions for
a private charge or assessments, including any amendments or modifications thereto,
recorded April 23, 2009 in Official Records Book 26838, Page 4363, as affected by
Construction Loan Agreement dated as of March 27, 2013 as evidenced by and together
with the conditions of that Assignment and Pledge of Lien Rights by and between Fisher
Island Community Association, Inc., a Florida not-for-profit corporation and Bank of
America,N.A. recorded April 1, 2013 in Official Records Book 28556, Page 2309,all in
the Public Records of Miami-Dade County, Florida.
4
Page 1084 of 1802
G. Sovereign Submerged Lands Easement No. 00162 (3998-13)between the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida and Island
Developers, Limited, a Florida limited partnership recorded October 19, 1990 in Official
Records Book 14747, Page 2058; as amended by Sovereign Submerged Lands Easement
Renewal recorded August 31, 1991 in Official Records Book 18253, Page 4486; as
amended by Sovereignty Submerged Lands Easement Modification to Reflect Change in
Ownership recorded February 8,2001 in Official Records Book 19489, Page 3732,of the
Public Records of Miami-Dade County,Florida.
H. Plat of LINDISFARNE ON FISHER ISLAND SECTION 7, as recorded November 27,
1990 in Nat Book 139,Page 97, of the Public Records of Miami-Dade County,Florida.
I. Grant of Easement in favor of Metropolitan Dade County recorded October 23, 1991 in
Official Records Book 15242, Page 1080; as affected by Partial Release of Easement
recorded December 9,2015 in Official Records Book 29881,Page 4885 and Partial Release
of Easement recorded December 9, 2015 in Official Records Book 29881, Page 4937, of
the Public Records of Miami-Dade County,Florida.
J. Perpetual Access Easement in favor of the United States of America recorded July 18, 1995
in Official Records Book 16853, Page 573, of the Public Records of Miami-Dade County,
Florida.
K. Department of the Army Consent to Easement to Use Corps of Engineers Right-of-Way,
recorded July 18, 1995, in Official Records Book 16853, Page 593, of the Public Records
of Miami-Dade County, Florida.
L. Plat of LINDISFARNE ON FISHER ISLAND SECTION 9, as recorded December 24,
1996 in Plat Book 149, Page 86; as amended by Release of Easement recorded June 25,
2014 in Official Records Book 29205, Page 3450, of the Public Records of Miami-Dade
County, Florida.
M. Bill of Sale; Assignment and Acceptance of Easements and Permits; and Release of
Easement by and between the City of Miami Beach and the Miami-Dade Water and Sewer
Authority recorded July 3,2000 in Official Records Book 19179,Page 3188, of the Public
Records of Miami-Dade County,Florida.
N. Agreement for Water and Sanitary Sewage Facilities by and between Miami-Dade
County and Fisher Island Holdings,LLC recorded June 16,2005 in Official Records Book
23479,Page 4022,of the Public Records of Miami-Dade County,Florida.
O. Easement granted to Bellsouth Telecommunications, Inc. by instrument recorded July 24,
2007 in Official Records Book 25802, Page 4872, of the Public Records of Miami-Dade
County,Florida,
5
Page 1085 of 1802
P. Agreement for Water and Sanitary Sewage Facilities by and between Miami-Dade
County and PDS Development, LLC recorded August 14,2014 in Official Records Book
29270,Page 851,of the Public Records of Miami-Dade County,Florida.
Q. Easement granted to Florida Power & Light Company by instrument recorded March 31,
2015 in Official Records Book 29559, Page 956, of the Public Records of Miami-Dade
County,Florida.
R. Declaration of Condominium of PALAZZO DEL SOL / DELLA LUNA AT FISHER
ISLAND, A CONDOMINIUM, and all Exhibits annexed thereto, including all
amendments and modifications thereto,including,but not limited to,a lien for charges and
assessments and an option to purchase, right of first refusal or prior approval of a future
purchaser or occupant,recorded December 30,2015 in Official Records Book 29908,Page
447; as amended by First Amendment recorded February 4,2016 in Official Records Book
29950,Page 3219;Second Amendment recorded March 14,2016 in Official Records Book
29997, Page 1851; Third Amendment recorded May 2, 2017 in Official Records Book
30516, Page 4655; and Fourth Amendment recorded August 31, 2017 in Official Records
Book 30676,Page 564, of the Public Records of Miami-Dade County, Florida.
S. Grant of Easement in favor of Miami-Dade County recorded January 7, 2016 in Official
Records Book 29917,Page 1714, of the Public Records of Miami-Dade County, Florida.
T. Easement Agreement by and between the United States of America, Department of the
Army and PDS Development LLC. as evidenced by Department of the Army Consent to
Easement to Use Corps of Engineers Right-of-Way Consent No. DACW17-9-16-0118
recorded August 2,2016 in Official Records Book 30176,Page 1652,of the Public Records
of Miami-Dade County,Florida.
U. Agreement for Water and Sanitary Sewer Facilities between Miami-Dade County and PDS
Development LLC, a Delaware limited liability company recorded September 27,2017 in
Official Records Book 30696, Page 1986, of the Public Records of Miami-Dade County,
Florida.
V. Covenant Restricting Use of Land at Palazzo Del Sol/Della Luna at Fisher Island
Condominium Association, Inc. for Common Purposes recorded December 28, 2017 in
Official Records Book 30807,Page 2745, of the Public Records of Miami-Dade County,
Florida.
W. Easement granted to Florida Power & Light Company by instrument recorded April 9,
2018 in Official Records Book 30929, Page 3091, of the Public Records of Miami-Dade
County,Florida.
6
Page 1086 of 1802
i
I HEREBY CERTIFY that I have reviewed all of the aforementioned encumbrances and
exceptions.
Therefore,based on the foregoing,it is our opinion that other than PDS Development LLC,
a Delaware limited liability company (PDS) (as fee simple owner of a portion of the Property),
Fisher Island Holdings, LLC, a Florida limited liability company (FIH) (as the fee simple owner
of a portion of the Property), and Palazzo del Sol / Della Luna at Fisher Island Condominium
Association, Inc. (on behalf of the Unit Owners as fee simple owners of portions of the Property
and the holders of the Unit Mortgages),the following parties must join in the Plat in order to make
the Plat a valid and binding covenant on the lands described therein:
Name Interest Special Exception Number
CMTG Lender 6 Security 1.A.
LLC, a Delaware
limited liability
company
I, the undersigned, further certify that I am an attorney-at-law, duly admitted to practice
law in the State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this 154` day ofJune, 2018.
•
HOLLAND &KNIGHT LLP
'Irl
Melissa S. Turra, Esq.
Florida Bar No. 0022063
701 Brickell Avenue, Suite 3300
Miami,Florida 33131
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this Ise day of June,2018, by Melissa
S. Tuna, who is personally known to me. L_PaA a
Notary Public State elf Florid?
Print Name: p{Te la, (iu'-
%SAEUC.CAM
__
My Commission Expires: trip, WCCMMISSIONI G020640
awmE6:may'*D,202 I
7
Page 1087 of 1802
1
Exhibit"A"
Legal Description
A replat of a portion of Tract A-7, of LINDISFARNE ON FISHER ISLAND SECTION 7,
according to the Plat thereof,as recorded in Plat Book 139,Page 97,AND all of Lots I through 7
and a portion of Lots 8, 9 and 10,Block 1,and all of Tracts A-9,B-9 and C-9,of LINDISFARNE
ON FISHER ISLAND SECTION 9, according to the Plat thereof, as recorded in Plat Book 149,
Page 86, of the Public Records of Miami-Dade County,Florida, TOGETHER WITH a portion of
unsubdivided Fractional Section 10, Township 54 South, Range 42 East, Miami-Dade County,
Florida,this entire parcel being more particularly described as follows:
BEGIN at the Southwest corner of said plat of LINDISFARNE ON FISHER ISLAND SECTION
9,being also the Southwest corner of the former U.S.Reservation on Terminal Island on the South
side of Government Cut;thence North 24°47'00"East,along the Westerly line of said Lot 1,Block
1 of Plat Book 149,Page 86 and the said U.S.Reservation,for 400.00 feet;thence South 65°13'00"
East along the Northerly line of said Lot 1, Block 1 and the Northerly line of said Plat Book 149,
Page 86 and the said U.S. Reservation(being also the axis of the South jetty of Government Cut),
for 976.00 feet; thence South 57°47'01" West, along the Easterly line of said plat and coincident
in part with the Westerly boundary line of PALAZZO DEL MARE AT FISHER ISLAND
CONDOMINIUM NO. ONE, as recorded in Official Records Book 25839, Page 3116, of the
Public Records of Miami-Dade County,Florida,for 311.75 feet;thence South 24°47'00" West for
138.54 feet (the last two described courses being coincident with the Westerly boundary said of
PALAZZO DEL MARE AT FISHER ISLAND CONDOMINIUM NO. ONE); thence North
65°13'00" West, along the Southerly line of said U.S. Government Reservation and coincident in
part with the Northerly boundary line of Tract A, LINDISFARNE ON FISHER ISLAND
SECTION 3,as recorded in Plat Book 135,Page 15,of the Public Records of Miami-Dade County,
• Florida for 390.06 feet to the Northwest corner of said Tract A, LINDISFARNE ON FISHER
ISLAND SECTION 3; thence South 24°47'00" West along the Westerly line of said Tract A for
13.55 feet to a point on a circular curve with the center point of said curve bearing South 18°35''41"
West from this last described point;thence Westerly along the arc of said circular curve to the left
having a radius of 610.21 feet and a central angle of 20°31'41"for 218.63 feet to a point of tangency
(the last two described courses being coincident in part with the Southerly boundary line of said
plat of LINDISFARNE ON FISHER ISLAND SECTION 9);thence South 88°04'00" West along
the Southerly line of said Tract A-7 for 183.12 feet;thence North 01°5600" West for 97.93 feet;
thence North 24°47'00" East for 69.99 feet to the POINT OF BEGINNING.
8
Page 1088 of 1802
EXHIBIT"B" 'I
Unit Owners
1. Peter Drut and Nellya Drut, and Marianna Blanch, as fee simple owners of Unit 7021.
2. The Plaza Condominium Unit 615 LLC, a New York limited liability company, as fee simple
owner of Unit 7023.
3. Inti Holdings, LLC, a Florida limited liability company as fee simple owner of Unit 7024.
4. Market-Corn-Invest Ltd., a United Kingdom Company as fee simple owner of Unit 7025.
5. Daphne Cramer as fee simple owner of Unit 7031.
6. Coolhouse Holdings, LLC, a Florida limited liability company, as fee simple owner of Unit
7032.
7. Barbara Digan-Zweig as fee simple owner of Unit 7033.
8. Stanley F. Smith and Margaret Shaw Smith, as fee simple owners of Unit 7034.
9. Alfa Aviation, Inc., a Florida corporation,as fee simple owner of Unit 7035.
10. RE Fisher Island LLC, a Florida limited liability company, as fee simple owner of Unit 7036.
11. John F. Goodman and Diane Johnson Goodman,Trustees of the Goodman Trust Dated July 3,
1998,as fee simple owner of Unit 7041.
12. Enrique Bemoldi and Luisa W. Bemoldi,as fee simple owners of Unit 7042.
13. Planet 2 Reaching,Inc., a Delaware corporation, as fee simple owner of Unit 7043.
14. Alex Klurfeld and Diana Klurfeld,as fee simple owners of Unit 7045. •
15. 7046 FL,LLC,a Florida limited liability company,as fee simple owner of Unit 7046.
16. 7051 Fisher Island Holdings,LLC, a Delaware limited liability company,as fee simple owner
of Unit 7051.
17. Alan G. Hassenfeld, as Trustee of the Alan G. Hassenfeld 2017 Revocable Residence Trust,
dated July 25,2017,as fee simple owner of Unit 7052.
18. Olga Kroutoia,as trustee of the 7053 Palazzo del Sol 2017 Irrevocable Trust, dated December
I,2017, as fee simple owner of Unit 7053.
19. 7055 Fl LLC,a Florida limited liability company,as fee simple owner of Unit 7055.
9
Page 1089 of 1802
{
20.Linda Meyer, as Trustee of the Linda Meyer Revocable Trust U/A/D 8/18/95 and Jerome H.
Meyer, as Trustee of the Jerome H. Meyer Revocable Trust U/A/D If26/84, as fee simple
owners of Unit 7056.
21. 7061 Fisher Island Holdings LLC, a Delaware limited liability company,as fee simple owner
of Unit 7061.
22. Saffron Property Management LLC, a Florida limited liability company, as fee simple owner
of Unit 7064.
23. Steele Platt, as Trustee of Steele Platt Trust created under an agreement dated April 13,2007,
as fee simple owner of Unit 7066.
24. William Patrick McDowell and Camille Roxanne McDowell, as fee simple owners of Unit
7071.
25. Kenneth D. Pollinger and Amy Jo Pollinger, as fee simple owners of Unit 7076.
26.Vicalnic,Corp.,a Florida corporation,as fee simple owner of Unit 7085.
27. Voxi Management Corp., a British Virgin Islands company,as fee simple owner of Unit 7003
PH-2.
28. James L. Ferraro,as fee simple owner of Unit 7003 PH-3.
29. Palazzo del Sol / della Luna at Fisher Island Condominium Association, Inc., a Florida
corporation, as fee simple owner of Unit CU-1.
10
Page 1090 of 1802
EXHIBIT"C"
Mortgages of Unit Owners
1. Mortgage executed by Inti Holding, LLC, a Florida limited liability company in favor
of Mortgage Electronic Registration Systems, Inc., as nominee for Citibank, N.A.,
recorded January 5,2017 in Official Records Book 30373,Page 4242, as to Unit 7024.
2. Intentionally deleted.
3. Mortgage and Security Agreement executed by Alfa Aviation, Inc., a Florida
corporation in favor of Eastern Financial Mortgage Corporation,a Florida corporation,
recorded October 27, 2016 in Official Records Book 30284, Page 687; as assigned to
BAC Florida Bank by Assignment of Mortgage recorded June 30, 2017 in Official
Records Book 30594, Page 4217; Together with Assignment of Leases, Rents and
Profits recorded October 27,2016 in Official Records Book 30284,Page 703;and UCC
Financing Statement recorded October 27,2016 in Official Records Book 30284,Page
708; as affected by UCC Financing Statement recorded March 1, 2017 in Official
Records Book 30439,Page 2718,all as to Unit 7035.
4. Mortgage executed by RE Fisher Island LLC, a Florida limited liability company in
favor of Mortgage Electronic Registration Systems, Inc., as nominee for Recovco
Mortgage Management,LLC,a Delaware limited liability company,recorded July 28,
2017 in Official Records Book 3631, Page 1172,as to Unit 7036.
5. Mortgage executed by John F. Goodman and Diane Johnson Goodman,Trustees of the
Goodman Trust dated July 3, 1998 in favor of City National Bank, recorded April 18,
2016 in Official Records Book 30040, Page 1375 and re-recorded April 19, 2016 in
Official Records Book 30042,Page 3687, as to Unit 7041.
6. Mortgage executed by Enrique Bernoldi and Luisa W. Bernoldi, husband and wife in
favor of Wells Fargo Bank, N.A., recorded September 29, 2017 in Official Records
Book 30700,Page 2089, as to Unit 7042.
7. Mortgage executed by Alex Klurfeld and Diana Klurfeld,husband and wife in favor of
Wells Fargo Bank,N.A.,recorded February 20,2018 in Official Records Book 30868,
Page 70, as to Unit 7045.
8. Mortgage executed by 7046 FL, LLC, a Florida limited liability company in favor of
Sabadell United Bank,N.A.,recorded May 20, 2016 in Official Records Book 30083,
Page 4699, as to Unit 7046. •
9. Home Equity Line of Credit Mortgage executed by 7061 Fisher Island Holdings,LLC,
a Delaware limited liability company in favor of Citibank, N.A., recorded November
1, 2016 in Official Records Book 30291,Page 2490, as to Unit 7061.
11
Page 1091 of 1802
10.Mortgage executed by Saffron Property Management LLC in favor of Emigrant
Mortgage Company,Inc.,a New York corporation,recorded April 12,2016 in Official
Records Book 30033, Page 3118, as to Unit 7064.
11.Mortgage executed by William Patrick McDowell and Camille Roxanne McDowell,
husband and wife in favor of First Republic Bank, recorded February 10, 2017 in
Official Records Book 30418,Page 3886, as to Unit 7071.
12. Mortgage executed by Kenneth D. Pollinger and Amy Jo Pollinger in favor of First
Republic Bank, recorded April 17, 2017 in Official Records Book 30497, Page 4994,
as to Unit 7076.
13. Mortgage executed by James L. Ferraro, a single man in favor of City National Bank
of Florida, recorded May 11, 2016 in Official Records Book 30071, Page 3975, as to
Unit 7003 P1I-3.
14.Mortgage for use with secured revolving credit agreement executed by James L.
Ferraro, a single man, in favor of City National Bank of Florida, recorded May 11,
2016 in Official Records Book 30071,Page 3991,as to Unit 7003 PH-3 and other lands.
12
Page 1092 of 1802