NO LIEN POSSESSION AND GAP 2-GGlt-- 3c392g
NO-LIEN,POSSESSION&GAP �(
BEFORE ME, the undersigned authority, personally appeared t't'y Nfqicy("Affiant") as
CX7i V J�fell n of CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation (the
"Corporation"), who, being by me first duly sworn, under oath, does hereby swear and affirm upon
direct,personal knowledge that the following information is true and correct:
1. The Corporation is the owner of the property described as follows(the"Property"):
A portion of a 20' Alley also known as Abbott Court lying adjacent to Lots 1,2,3,4,
11, 12, 13, 14, 15, 16, 17 and 18,Block 6,NORMANDY BEACH SOUTH, according
to the plat thereof, as recorded in Plat Book 21 at Page 54 of the Public Records of
Miami-Dade County,Florida,being more particularly described as follows:
Begin at the Northeast corner of said Lot 1; thence S 02°21'31" E along the East line
of said Lots 1, 2, 3 and 4, also being the West right of way line of a 20' Alley also
known as Abbott Court for 166.44 feet to a point on a circular curve concave to the
Southwest and whose radius point bears S 25°49'29" W; thence Southeasterly along
a 37.90 foot radius curve leading to the right through a central angle of 61°49'00"
for an arc distance of 40.89 feet to a non-tangent point; thence N 02°21'31" W along
the West line of said Lots 11, 12, 13, 14, 15, 16, 17 and 18, also being the East right
of way line of said 20' Alley also known as Abbott Court for 199.87 feet to the
Northwest corner of said Lot 18; thence S 87°35'51" W along the Westerly
projection of the South right of way line of 72nd Street for 20.00 feet to the Point of
Beginning.
And
All of a 10' Alley also known as Normandy Beach Court lying adjacent to Lots 7, 8,
9, 10 and 11,Block 6,NORMANDY BEACH SOUTH, according to the plat thereof,
as recorded in Plat Book 21 at Page 54 of the Public Records of Miami-Dade
County,Florida,being more particularly described as follows:
Begin at the Northeast corner of said Lot 10; thence S 87°34'52" W along the North
line of said Lots 7, 8, 9 and 10 for 100.01 feet to the Northwest corner of said Lot 7;
thence N 02°21'31" W along the Northerly projection of the East right of way line of
a 20' Alley also known as Abbott Court for 10.00 feet to the Southwest corner of
said Lot 11; thence N 87°34'52" E along the South line of said Lot 11 for 100.01 feet
to the Southeast corner of said Lot 11; thence S 02°21'42" E along the Southerly
projection of the West right of way line of Abbott Avenue for 10.00 feet to the Point
of Beginning.
2. That, upon information and belief, but without independent inquiry, the Property is free
and clear of all liens, taxes, encumbrances, and claims of every kind, nature, and description whatsoever
except for ad valorem taxes for the year 2020, which are not yet due and payable. No ad valorem taxes
are anticipated for the year 2020; however, the Buyer, identified in paragraph 6 herein, shall be
responsible for payment of the 2020 real estate taxes, if assessed. The Property is free from mortgages
of any kind whatsoever.
3. That, upon information and belief, but without independent inquiry, within the past
ninety (90) days there have been no improvements, alterations, or repairs to the Property for which the
costs thereof remain unpaid, and that within the past ninety(90) days there have been no claims for labor
or material furnished for repairing or improving the same which remain unpaid.
4. That, upon information and belief, but without independent inquiry, Affiant believes that
there are no construction,materialmen's, or laborer's liens against the Property.
5. That, upon information and belief,but without independent inquiry, Affiant knows of no
violations of municipal ordinances pertaining to the Property.
6. That this Affidavit is made for the purpose of inducing ABBOTT AVENUE
PARTNERS, LLC, a Delaware limited liability company, PUMPS AT 71, LLC, a Delaware limited
liability company and 7433 COLLINS AVE. CORP., a Florida corporation (collectively, "Buyer"), to
accept a vacation of the Property and to induce OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY and its agent, SOLOMON, COOPERMAN & RECONDO, LLP, to issue title insurance
pertaining to the Property.
7. That, upon information and belief, but without independent inquiry, the Corporation has
had sole and continuous ownership of the Property since the time of vesting of title to the Property in the
Corporation and there are no other parties which have any right to possession of the Property or which
have any right to assert any other interest in it.
8. That Affiant further states that he is familiar with the nature of an oath and with the
penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an
instrument of this nature. Affiant further certifies that he has read the full facts of this Affidavit and
understands its contents.
9. That there are no outstanding contracts for the sale of the Property nor unrecorded deeds,
mortgages or other conveyances affecting its contents.
10. That, upon information and belief, but without independent inquiry, there are no matters
pending against the Corporation or Affiant that could give rise to a lien that would attach to the Property
between June 12, 2020, the date of the commitment to issue title insurance, and the recording of the
interest to be insured, and that Affiant has not executed and will not execute any instrument that would
adversely affect the title or interest to be insured.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Dated this 1 day of O ea. ,2020.
1
Jimm 1 Morales, i, it Manager of the CITY
OF M I BEAC ' FLORIDA, a Florida
munici :1 corporation
ATTEST:
C�f�.�L; �c� APPROVED AS TO
Rafae E. Granado, City Clerk FORM & LANGUAGE
1 �� & FOR EXECUTION
,
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STATE OF FLORIDA } ""O�'? '""'l City Attorney ate
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COUNTY OF AAigvri%-1 [c...- }
The foregoing instrument was sworn to and subscribed before me this a— day of
0c,k-obe , 2020, by Jimmy L. Morales, as City Manager of the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation, who is personally known to me or who has produced
as identticat on on behalf of the corporation.
My commission expires: ken 1 tic lOLl' 4
•
No` Public, tate of Florida at Large
Print Name: \a3cc.K V, Cac.tN.
PATRICK D.CAM2 GG 47(.7:4.4,61::::
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