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118-92 RDA RESOLUTION NO. 118- 92 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN "OFFER FOR SALE" FROM BEATRICE NOTICE, MIRIAM SCHNECK, AND MICHAEL WEINER IN THE AMOUNT OF $139,000 FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 126 , 140 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, AS PART OF THE COBB PARTNERS DEVELOPMENT PROJECT. WHEREAS, on March 31, 1989, the Miami Beach Redevelopment Agency and Cobb Partners Development, Inc. entered into a Development Agreement and Contract for Purchase and Sale for the development of a parcel of land consisting of two city blocks (Blocks 78 & 80), within the South pointe Redevelopment Area, previously referred to as the Old Police station Site; and, WHEREAS, in July of 1989, Cobb Partners exercised an option to include Block 53 and expand the scope of the project; and, WHEREAS, on September 20, 1989, Redevelopment Agency Resolution 86-89 authorized the Administration to acquire by purchase, donation, or eminent domain those parcels on Block 53 that may be required for assemblage of the Cobb Project site; and, WHEREAS, on October 9, 1989, the Development Agreement and the Contract for Purchase and Sale were modified, to reflect the inclusion of Block 53 in the overall project; and, WHEREAS, under the terms of the Development Agreement the Agency agreed to use its best efforts and due diligence to acquire and assemble the properties within the project site as soon as practicable; and, WHEREAS, the Agency's Administration was approached by representatives of Prudential Florida Realty, the real estate agents for the owners, and an "Offer for Sale" was presented for the amount of $139,000; and, WHEREAS, the subject properties are part of the Cobb Project site which the Agency is contractually obligated to purchase and assemble; and, WHEREAS, the funds for this acquisition are available in the Agency's Capital Projects Account. NOW, THEREFORE BE IT DULY RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY, THAT: 1. The Administration's recommendation to accept the attached "Offer for Sale" (Exhibit "A" attached hereto) for $l39, 000 for the purchase of the property located at 126 and l40 Washington Avenue, legally described as Lot 3 less the west l05.68 feet and Lot 4 less the west l02.2 feet, of Block 53, Ocean Beach Addition No.3, Plat Book 2, Page 89, Public Records of Dade County, Florida, be approved and accepted. 2. Funds in the amount of $139,000 for this acquisition are to be taken from the Miami Beach Redevelopment Agency's Cap' tal proj ects Account. <l> PASSED AND ADOPTED THIS 17th ATTEST: ----;7 A - ~ /~_(~ evvt\, (~- rh,'~ SECRETARY FORM APPROVED REDEVELOPMENT AGENCY By G:;J:1t r;- I () / ~ 2- 3 n::lt", OFFER FOR SALE In consideration of the sum of $10.00, receipt of which is hereby acknowledged, I hereby offer to sell to the Miami Beach Redevelopment Agency, for the price of ONE HUNDRED AND THIRTY-NINE THOUSAND DOLLARS ($139,000), the following described property commonly known as: 126 and 140 Washington Avenue, Miami Beach, Florida. Legally described as: Lot 3, Less the West 105.68 Feet and Lot 4, Less the West 102.2 Feet of Block 53, Ocean Beach Addition No.3, Plat Book No.2, Page 81. The sum of ONE HUNDRED AND THIRTY-NINE THOUSAND DOLLARS ($139,000) is compensation in full for the described property, free of all encumbrances, including liens, mortgages, judgments, contracts for the payment of money, real estate taxes and other governmental levies for all prior years. Seller shall be responsible for documentary stamps, including surtax, real estate brokerage commission, and their own attorneys fees. Real estate taxes and prepaid rents shall be prorated to the date of closing. All improvements on the described property are included in this offer. This offer for sale is made on the understanding that eminent domain proceedings are about to be instituted as to this property for the purposes of fulfilling the redevelopment purposes as set forth in Chapter 163, Florida statutes; consequently, this agreement is made to forestall protracted litigation. We understand that this offer is subject to approval of the Miami Beach Redevelopment Agency of the City of Miami Beach and it can be accepted only by Agency Resolution authorizing same. Delivery of possession shall be upon payment of the above amount unless wri tten consent to an extension is received. This sale is subject to the following special conditions: 1. The seller shall retain all fixtures and appliances currently existing on the premises. 2. The foregoing is subject to tenants in possession and such leases as the tenants may have. Seller agrees not to enter into any written leases after the date of this offer. 3. Seller's delivery of good and marketable Title. 4. Buyer assumes all responsibility for the tenants presently occupying the property upon closing. This Offer For Sale is irrevocable for a period of forty-five (45) days from this date~or upon approval or disapproval of the Miami Beach Redevelopment AgencYAT~hichever occursdfirst. 1992. [) ED r;lil.s 8th ay or .1une , /JZ'/[,.~t~ F6~M ~PPROVED REDEVELOPMENT AG N Y GENE COU )' , ;' ;; (.ii, , f;,~... ~v.v OWner .' :p A,~1-C.Z ' \ ~ ~~, By Date ~{-(O -94 OWner 4 E X H I B I T "A" ." - :c en -4 en -4 :c m !!J / o~S) ~~ ~,,~o .p" ~ I>> ~' rtl ~ (j ~... '}l t,"" r-.~ ~ ~ ~ [~B - , ~ -- ~ .aJ1'j~ ~ ,,~. bill JEFFERSON AVENUE ~J) T WillLWJ () en m ~ (') (J3 ~l 0 z c en -4 :c m !!J ~ ilJ ... '" () 5" LWJJlillJ. I I' I r ! I i IIIIII1 MERIDIAN AVENUE 10'" . ....... -:::-- ~ \lo .. '-- n ~, ~ (l) t 5 Miami Beach Redevelopment Agency '1700 Convention Center Drive Miami Beach, Florida 33139 RBDBVBLOPMBNT AGENCY MEMORANDUM NO. 92-19 June 17, 1992 To: Chairman and Members of the Board of the Redevelopment Agency From: Roger M. carlton,I7A AA ~ J ~ Executive Direc~ottlVVLtJ~ SUBJBCT: RESOLUTION AUTHORIZING THE ACQUISITION OF THE PROPERTIBS LOCATED AT 126 , 140 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA AS PART OF THE COBB PROJECT SITE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Redevelopment Agency's (Agency) Board approve the "Offer for Sale" and adopt the attached Resolution authorizing the acquisition of 126 and 140 Washington Avenue, Miami Beach, Florida, (Lot 3 less the west 105.68 feet and Lot 4 less the west 102.2 feet, of Block 53, Ocean Beach Addition NO.3, Plat Book 2 Page 89 of the Dade County Public Records) for $139,000. Funds for this acquisition are available in the Agency's Capital Projects Account. BACKGROUND: On March 31. 1989, the Agency and Cobb Partners Development, Inc. . (Cobb) entered into a Development Agreement and Contract for Purchase and Sale for the development of a parcel of land consisting of two city blocks (Blocks 78 & 80), within the South pointe Redevelopment Area, previously referred to as the Old Police station Site. In Julv of 1989, Cobb exercised an option to expand the scope of the project and include an additional block (Block 53), and on October 9, 1989 the Development Agreement and the Contract for Purchase and Sale were modified, to reflect the inclusion of Block 53 in the overall project. Under the terms of the Development Agreement the Agency agreed to use its best efforts and due diligence to acquire and assemble the properties constituting the project site as soon as practicable. On September 20. 1989, Agency Resolution 86-89 authorized the Administration to acquire by purchase, donation, or eminent domain those parcels on Block 53 that may be required for the assemblage of the Cobb Project site. The Agency's Administration has met with representatives of Prudential Florida Realty, the real estate agents for the ,owners of the property located at 126 and l40 Washington Avenue. ~egotiations au Continued. . . . 1 with the agents have resulted in an offer for sale in the amount of $139,000. ANALYSIS: In December of 1988, the Agency had two certified appraisals done in order to establish the market value for the properties located within Block 53. The subject properties were appraised jointly and one appraisal valued them at $116,000 and the other $117,000. In December of 1990, the Agency had the appraisal updated during an attempt to ini tiate negotiations wi th property owners and it reflected a value of $198,000 fpr both parcels. Funds for this acquisition are available in the Agency's Capital Projects Account. ,CONCLUSION: The SUbject properties are part of the Cobb Project site which the Agency is contractually obligated to purchase and assemble. Based on the existing appraisals and current market conditions we believe that the offer as tendered of ,$139,000 is well within the estimated market value and presents an excellent opportunity for the Agency to acquire the parcels at this time. RMC : WHH: JD : rd Attachment z !lu'n 10: !enclose sell.addre.."d stamped envelope) WARRANTY DEED IHOIVIO, TO IUOIVIO, RAMeo FORM, '0 t><t,lJme: .l..ddr...; t,~p ~. rr ,"., rn~ fr,ll PIt ,: .1 .' . ~ r ' f' ,..,'. ~." \ / " ....0, "lI \.:lc.lIJI,-:''', ( IUllel,.i ~ ~ft I 57 J ~927 u .~ 92R439159 1092 ~~O\l i7 12:50 ihis Instrument Prepared by: Dennis Ponn, Esquire ""': 250 Valencia Avenue Coral Gables, Florida 33134 8 bIl " ';j " 'C '" <J ~ ~ 0.. " o '~ ~ DOCSTPDEE 834.00 SURTX 625.50 MARSHALL ADER, CLERK DADE COUNTY, FL t> :eiperly Appraisers Parcel Identification (Folio) Number(s): 02-4203-009-2580 / 02-4203-009-2600 "ranlee!s) 5,5. #[s); SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE HilS LINE FOR RECORDING DATA wltis D1farralltn ileell Made the '3o-th dny of J~Jlember A,n. 1992 1m, MIJIAM SCHNE~ and BEATRICE NOTICE, as JOInt Ten~nEs wIth rights ~ survivor~lp, , gnd MICBAEL WEINER, M.D. P.A., as TRUSTEE OF MICdAEL WEINER, M.D. P.A. PENSION PLAN heretnaJwr called the grantor, to MIAMI BEACH REDEVELOPMENT AGENCY whose post office address is hereinafter called the grantee: (Wherever usod herein tile terms "grantor" anti "grante~. include all the ra.rti~(:. to Uliill iru;.trument and t.he hein, legal r('prcscntativc& and a.&signs of individllals, and the 5ueCeUOrEl and aF-t:igns of corporationi-) DIIftutSlitt4: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby Mknowledged, hereby gra,nts, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Dade County, State of F lor 1 d a , mz: SUBJECT TO: (See attached Exhibit "A") (1) Taxes for 1993 and subsequent years; (2) Conditions, restrictions, limitations and easements of record; (3) Zoning, ordinances and other restrictions imposed by governmental authority; - without intention to reimpose any of same. T h.e sub j e c t pro per t y i s va can tan dun imp r 0 v e d. It i s not the home s tea d of the Grantors, nor does it adjoin the Grantors' homestead, and no member of the Grantors' families reside thereon. The Grantors reside at the addresses listed 6elow their signatures herein. (1]l1gd4tr, 'With all the tene'rnents, heredUaments and appurtennnces thereto belonging or in any'Wise appertaining. (1]n )fant aub tn lfInlb, the same in fee simple forever. Anil the grantor hereby covenants 'With said grantee that the grantor 1:S lawfully seized of said lnnd in fee simple; that the grantor has good right and lawful authority to sell and convey sa1:d land, and hereby wnrrants the title to said land and 'Will defend the same against the la,wful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December S 1, 1991 ' JhllllitUtliS 1114trtnf, the said grantor has s1:gned and sealed these presents the day and year first above 'tt d' {)(~-'vC~~. ;-tLJ!~d I ature . Mi riam Schneciz ~ ed and delivered in the presence of ~3jgllatul't' ~~~_~\\\er Pnnt;:;fS'gr Sign>. . ~ ~f\"'\S Poz---------- Prin ( Signature ~~ /~'~ ~.~ ~1g1lalure.. .... i'~d ~aS~~ '(n \ \ \ ~f\. J'I;ntRJ" Signaturo 6831 S.W. 147 Ave., #16, Miami, FL I'ot,:t. office Acidn.t:~ /)/7 I. ;> /" " I ~/~. /( (>. '-L... '.'q.", ~,i Kuat..fc " i~// IlD ..Michae 1 We j.ner:~M. D. , _x....h._~_Trus tee Printed ~jgnalHn.' rJ ~(2? ^d,~':' 1i..._1lL.Cn.ur...t--JllD.1..-Miami, F L Sl'ATf~ OF..fI~QRI DA. COlJNTY OF..DADL___ MIRIAM SCHNECK . ) I hen'by Ct'rtify t.hnt OJl Uds dny, before Inc, an officer duly authorized lo IIdlllilli~t"r()llths /llId tHk,~ IIcknowledglJlent.s, personally appeured known to me t.o be lhe person .,... described in /Il1l1 who ,'xecut.cd t Iw fOre!(llil'f( illstrllllll'IIt.. wh" IIckllowledt,d uefore me lhul,..sb~T'. executed lhe 8RIlle, t.hul I relicd, UflOl1\, th~Jollowill!( ",nn of i'!.'lIlilicllt.i.OIl of l.I,e IIbOVI:.fl'I['Il'd persoll '_ F _~!" ~,~ a, . c:I.!:" ~~~.l__S__ ---...-...--.. .. ....___...:........L A'LL";_._'~/,,';o. license Ulld thulllll ORt.h (W/lS~ll<.~ t.aken, """". /.1 ',. ,'---..--.-' NOTARYRU:e8ERSTAM~~-----.1 ,.- -- . I ~ > '..'.-- .. ,,' - ... ',' '..? "~~' Wi! ness IllY .~lId IIl1d offin,d Sf'III'11 t hI: Coullt.y /lnd Stat<:' Inst IIforcsnid t.his ?lor" ~:>rp>>~z . . ,A.O.199" Nul",y ~"g"nl/! !..(f' I~N~'~~K~""r:to."i cl 0\1\\.eJ' 10 03 91 r': j,~~\t~ t~,",,":~titvr: ;', if'P'''''' C:'; t'ti i ..}.... ............/ " ...... ,/, , \ I i ( Wff: J 571 ~2928 STATE OF FLORIDA COUNTY OF DADE I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared MICHAEL WEINER, M.D., TRUSTEE OF MICHAEL WEINER, M.D., P.A. PENSION PLAN, known to me to be the person described in and who executed the foregoing Warranty Deed, who acknowledged before me that he executed the same, that I relied upon the following form of identification of the above-named person: Florida driver's license, and that an oath was taken. Witness my hand State last aforesaid this My Commission expires: ,,__y~ ~(7L /lrc/2E.511 5eJf/~c Printed name of witness STATE OF NEW YORK COUNTY OF NASSAU and official seal in the County ~O~ da of e t~m~er, 1992. /\.~ and \ i , ~ ~~ N' Sl. na ure .',...... Ge.r> ("!p~ "Da.\l id V'\\I \le_r'=',/ ,;\ '}.?rinte ., otary,signatu~:" "i.?' , "f;): ,.-. " ;, "~A .', ,.... .'. _. - \.I ,., " <'';'' ...' .../ ~1:)fM1'( P:'lUi: ~~TkT~ nr. ftO'UDA ~I C".j~<'!('~T:i.~tC,rc t:yP ,~q;J~ ~:., ~~;:r: .' , ~.". '.'"_..l.. ;~1, 1.):;:".,J () '.,', - ' -.J :; !!J : ....,,-~ q. ,',; "( /:\ \~ "'1 x ~*~u~ ~./~~~ Beatrice Notice ' I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared BEATRICE NOTICE, known to me to be the person described in and who executed the foregoing Warranty Deed, who acknowledged before me that she executed the same, that I relied upon the following form of identification of the above-named person: New York driver's license, and that an oath was taken. Witness my State last aforesaid hand and ~ficial seal in the County this"- \9 day of September, 1992., , rULX~-L.</ My Commission expires: NOll 30, I cr<f3 and >< No "'" Printed ~'<" \iii ',1\'j ., tm:~~ ~ GARY J. NOT!CE Notary Public. Sta~' of New Yorlr No, 30-4735191 Qualified in Nassau County 6 3 Commission expires Mtf: 30, 1~ Mil .# ,/..,;~... ' ~ ~.., .. /I/~' .".~~-::Z) ~' ~ft: I 571 9>~2929 EXHIBIT "A" LEGAL DESCRIPTION That part of Lot 3 in Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida, more particularly described as follows, to wit: Beginning at the Southeast corner of said Lot 3 in said Block 53 of OCEAN BEACH, ADDITION NO.3, said point being the point of the intersection of the Easterly line of said Lot 3 and the South line of said Lot 3; thence run West along the South line of said Lot 3 a distance of 116 feet to a point on the South line of said Lot 3; thence run in a Northeasterly direction to a point on the North line of said Lot 3, which is 125 feet West of the Northeast corner of said Lot 3; thence run East along the North line of said Lot 3 a distance of 125 feet to the point of the intersection of the North line and the East line of said Lot 3, and said point being the Northeast corner of said Lot 3; thence run in a Southwesterly direction along the Easterly line of said Lot 3 a distance of 51.27 feet, more or less, to the Southeast corner of said Lot 3 to the point and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida; which said property is known as the SUNBEAM APARTMENTS; commonly described as 140 Washington Avenue, Miami Beach, Florida. '~CO~ OED IN 01'1' ICIAl ~ECOIWS 100&. ::if DA Dt lOUI.n. flORIa..\. ' fECORD VfR,FJfIJ Cldrk at Cireuit & County Courts . .1....... " . , . . _ '\. ~ : . ~ .~"f. .,~\.'r-!)("" _:>~" ~IILLER & PONN, P. A. COr~SELORS AT LAW 250 V ALE~CIA .A YE~rE S{;ITE .A CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 444-8255 DENNIS PONN ENID MILLER PON~ OF CO{;~SEL MILTO~ MILLER January 21, 1993 (I U; -< <.0 ~ " ~ t- -" ;coo rn - :z (") c N -", rn - ,,) -- r- < -< ~ U'. :J:: rn C ~ 0 ~ ""T1 W (I -.. rn Patrick N. Brown, Esquire First Assistant city Attorney Transactions City of Miami Beach P.O. Box 0 Miami Beach, Florida 33119-2032 RE: Sale of 126 and 140 Washington Avenue Dear Mr. Brown: Enclosed herewith, please find the original owner's title insurance policy (OPM-605989) and Warranty Deed (15715/2927) together with copies of other documents related to the closing. Should you have any questions regarding the transaction, please feel free to contact me. Very truly ours, DP/mg Enclosures (Amencan Land Tltl~ Association Owner's Policy - Form B 1970 - Amended 10-17-84) OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, Tl:IE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, ATIORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Effective Date of policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, ATIORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. \,'1111111111""1, ",,'\~ \NSU~ .,...., .',.,~<.. 1or..-"" / l::' (.o~po~" ...\ : '" ~ c:., f ~ --- ~ ~ \ ~.. SEAL ~j By '-. ... !):o "'" ~,.", .,....."F(OR\O~,,"'" '1"'111111,,1 Attorneys' Title Insurance Fund, Inc. ~~ Charles J. Kovaleski President SERIAL ISSUED BY OPM- 605989 Dennis Ponn, Esquire NAME OF AGENT <l 1~ln P-\I>'A nPflA 1'M"A-f)C;O 17/~1 -' .1lt'JlL;:, UllUt:'J. UU;:, PUULY, t:'A1....Cpl payun::llL.:t .uU..l~ ,s, attorneys' fees and expenses, shall reduce the . of the insurance pro tanto. No payment shall be made t producing this policy for endorsement of such 1t unless the policy be lost or destroyed, in which JOf of such loss or destruction shall be furnished to the tion of The Fund, Exclusions from Coverage The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected On the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land, or any parcel of which the land is or was a part, (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Effective Date of policy in those records in which under state statutes, deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart Constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be Construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities, 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Eftective Date of policy, 3, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund and not shown by the public records but known to the insured claimant either at Effective Date of policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to The Fl1nd prior to the date such insured claimant became an insured hereunder; (c) resulting in nO loss or damage to the insured claimant; (d) attaching or created subsequent to Effective Date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy, OWNER'S FORM Schedule A Policy No.: OPM-605989 Effective Date: November 17, 1992 @ 12:50 Agent's File Reference: 92-1252 Fund File No. 01-92-33462 Amount of Insurance: $139,000.00 1. Name of Insured: MIAMI BEACH REDEVELOPMENT AGENCY 2, The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 15715 , Page 2927 , of the Public Records of Dade County, Florida. 3, The land referred to in this policy is described as follows: (See attached Exhibit "A") NAME OF AGENT 8416 AGENT NO, ISSUED BY Dennis Ponn, Esquire 250 Valencia Avenue MAILING ADDRESS Coral Gables, CITY , Florida 33134 ZIP FUND OWNER'S FORM Schedule B Policy No,: OPM-605989 This policy does not insure against loss or damage by reason of the following exceptions: 1993, which are not yet due and payable 1. Taxes for the yeanutjf..~iat*.~IDjf~'UtM~ 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, Encroachments, 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 lien provided by County Ordinance or Chapter 159, Florida Statutes, in favor of any city, town, village or port authority by any water systems, sewer systems or gas systems servicing the lands described herein. 7. Any waste fees or special assessments due to County or Municipality. 8. This policy does not insure personal property. 9. Restrictions, conditions, reservations, easements and other matters contained in the Plat of OCEAN BEACH ADDITION NO.3, as recorded in Plat Book 2, Page 81. NOTE: 1. All of the above were recorded in the Public 2. Exceptions 2 and matters that have been recorded Records of Dade County, Florida. 5 are hereby deleted. ~ . . EXHIBIT "A" LEGAL DESCRIPTION That part of Lot 3 in Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dude County, Florida, more particularly described as follows, to wit: Beginning at the Southeast corner of said Lot 3 in said Block 53 of OCEAN BEACH, ADDITION NO.3, said point being the point of the intersection of the Easterly line of said Lot 3 and the South line of said Lot 3; thence run West along the South line of said Lot 3 a distance of 116 feet to a point on the South line of said Lot 3; thence run in a Northeasterly direction to a point on the North line of said Lot 3, which is 125 feet West of the Northeast corner of said Lot 3; thence run East along the North line of said Lot 3 a distance of 125 feet to the point of the intersection of the North line and the East line of said Lot 3, and said point being the Northeast corner of said Lot 3; thence run in a Southwesterly direction along the Easter.ly line of said Lot 3 a distance of 51.27 feet, more or less, to the Southeast corner of said Lot 3 to the point and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida; which said property is known as the SUNBEAM APARTMENTS; commonly described as 140 Washington Avenue, Miami Beach, Florida. Conditions aI1-d Stipulations 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses The Fund may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records, (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy, (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land, 2. Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Effective Date of policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured, 3. Defense and Prosecution of Actions - Notice of Claim To Be Given by an Insured Claimant (a) The Fund, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy, (b) The insured shall notify The Fund promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable, If such prompt notice shall not be given to The Fund, then as to such insured all liability of The Fund shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless The Fund shall be prejudiced by such failure and then only to the extent of such prejudice, (c) The Fund shall have the nght at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessarv or desirable to establish the title to the estate or interest as insured, and The Fund may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever The Fund shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, The Fund may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to The Fund the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of such insured for such purpose, Whenever requested by The Fund, such insured shall give The Fund all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining wit- nesses, or prosecuting or defending such action or proceeding, and The Fund shall reimburse such insured for any expense so incurred. 4, Notice of Loss - Limitation of Action In addition to the notices required under paragraph 3 (b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed The Fund is liable under this policy shall be furnished to The Fund within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an Insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of The Fund under this policy as to such loss or damage. 5. Options To Payor Otherwise Settle Claims The Fund shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of The Fund hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by The Fund. 6. Determination and Payment of Loss (a) The liability of The Fund under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (iil the amount of insurance stated in Schedule A (b) The Fund will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by The Fund for such insured, and all costs, attorneys' fees and expf'nses in litigation carried on by such insured with the written authorization of The Fund, (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7, Limitation of Liability No claim shall arise or be maintainable under this policv (a) if The Fund, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. adverse to the title, as insured, as provided in paragraph :3 hereof; or (c) for liabilitv voluntarilv assumed bv an insured in settling any claim oi suit without prior w~itten consent of The Fund, CONDmONS AND STIPULA nONS (continued on reverse side) iJ.J U ~ ~~>-- f13 :::l ~ Z V) ...J ~ ~ 0 o ~ 0... ~ f::: PT:J 9 ... ~ <: CIJ QJ Cl ~v ~ QJ r::= · ....J e fU v r.t. o ~~ g .... rJ'J ~ ~ = ~ ~~ 0 QJ '= . .... ~ "0 ... <U > Q.j "3~ S~ j~ , 'C c.;; 0 ~ti: l/") - l/") 0 0\"0 l/") C -;~ ~o u :i: o . <~.:- :,'; ,".t~;~~ ; L- wnlwaJd 6uIJJnJaJ ou $1 aJdLH dJUdJdJdJ aJnJrlJ JOJ aIOE'pE'^E' ^PPE'dJ dq IPM )1 dJdLlM aJE'ld djE'S E' UI )1 ddd)! 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SIt{J!t{M Joalat{ H alnpat{JS ul 01 pallCljallo UMOt{S a~l?~lJow E (E) lat{l!a ~U!lOSUI AJ!lod AUI? lapun Al?d AI?W pun::! <It{I lunowl? AUI? Aq paJnpal aq III?t{S AJHOd SIt{l lapun aJUl?lOslf! JO lunowl? at{l ll?t{l p001SJapun AlssaJdxa 51 H aAHl!JllUIllJuON AlHN1!!l '6 'pun::! at{l JO uoqJI?Jsql?s alll Ol pat{slwIlJ aq HI?t{s uoqJnllsap 1O sSOIt{Jns JO Joold aSI?J t{J!lIM If! 'paAOllsap 10 lSOI aq AJ!lod at{l ssalun lUaWAl!d lIJIlS JO luawaS10pua 10J AJHOd S!lIl l'lUlJnpOld lnOlll!M Clpl?W il<l Hl?lIS luawAl?d ON 'OlUl?l old aJUElOsUJ alll JO lunowl? Clt{l aJnpal Hl?lIs 'sasuadxa PUE saaJ ,SAawOHI? 'SlSOJ 10J apl?w SlUaWAl!d ldaJxa 'AJqod SIt{l lapun sluawAl?d IIV Almqen JO UOHJnpa}l '8 (panlf!lUOJ) SNOll V1fldllS ONV SNOUJONOJ / ( UNITED STATES BANKRJPI'CY CDURI' SOlJI'HERN DISTRICT OF FlDRIDA CASE 00. 9O-16318-BKC-SMW Chapter 11 Proceeding In Re: HARVEY TENDLER, Debtor. / ORDER GRANTING FULL RELIEF FR:M Al.J'Kt-1ATIC grAY TIllS CAUSE came en to be heard'en Thursday, March 7, 1991, at a Status Conference previously set by this Court. At the Status Conference, Herbert S. Shapiro, the chapter 11 trustee, advised the Court that his extensive efforts in attempting to procure a buyer for the parcels of real property owned by this bankruptcy estate, other than for the CXlndominium apartment located at 1776 James Avenue, Unit 2 Nwreral F, Miami Beach, Florida, had been unsuccessful, and that a successful reorganization of this debtor I s estate was highly unlikely. This Court, having carefully CXlnsidered the arguement of CXlunsel and the repre- sentations of Mr. Shapiro, and being otherwise fully advised in the premises, does hereby ORDER: 1. Full relief from the- automatic stay imposed by 11 U.S.C. S 362(a) is granted, through final judgement in foreclosure and through and including foreclosure sale, the issuance of a Certificate of Sale and Certificate of Title, and in all other respects, with regard to the following - described par- cels of property: lots 8, 9 and 10 in Block 25 of lAKE VIEW HEIGHI'S, aCCXlrding to the Plat thereof, as recorded in Plat Book 27 at Page 5 of the Public ReCXlrds of Dade County, Florida 7 CXlrmronly described as 700-714 West 51st Street, Miami Beach, Florida; and - 1 - :31J STEVEN FRIEDMAN, P.A. PCNHtOUSC SOUTH, 4500 BISCAYNC BOULCVARD, MIAMI, F"LORIOA 33.37 ' (305) 57e-370e r<') M ~ ~ 0-. .... :> o z c-.~ 0- 0-. .... '.f -.t ~ r~ '<t' '.f U::: ('~ (f, / L, ( ~ft: I 571 Brr2822 ( That part of Lot 3 in Block 53 of OCEAN BEACH, ADDITION ID. 3, according to the Plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dade CoLU1ty, Florida, rrore par- ticularly described as follows, to wit: Beginning at the Southeast corner of said Lot 3 in said Block 53 of <XEAN BEACH, ADDITION NO.3, said p:>int t:.eing the p:>int of the intersection of the Easterly line of said Lot 3 and the South line of said Lot 3; thence run West along the South line of said Lot 3 a distance of 116 feet to a p:>int en the South line of said Lot 3; thence run in a Northeasterly direction to a point en the North line of said Lot 3, Which is 125 feet West of the Northeast rorner of said Lot 3; thence run East along the North line of said Lot 3 a distance of 125 feet to the point of the intersection of the North line and the East line of said lot 3, and said p:>int t:.eing the Northeast rorner of said lot 3; thence run in a Southwesterly direction along the Easterly line of said Lot 3 a distance of 51.27 feet, rrore or less, to the Southeast corner of said Lot 3 to the p:>int and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Block 53 of OCEAN BEACH, ADDITlOO ID. 3, according to the Plat thereof, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida; Which said property is known as the SUNBEAM APARIMENI'S ; roItllIOnly described as 140 Washington Avenue; Miami Beach, Florida. The relief granted pursuant to this order shall specifically allow Miriam Schneck, Beatrice Notice, and Michael Weiner, M.D., P.A., as trustee, to proceed with all aspects of the state court litigation presently pending in the Circui t Court of the 11th Judicial Circuit, in and for Dade County, Florida, styled Miriam Schneck, et al. vs. Harvey H. Tendler and City of Miami Beach, Case No. 90-2954(04). - 2 - STEVEN FRIEDMAN, P.A. PENTHOUSE SOUTH, 4~OO BISCAVNE BOULEVARD, MIAMI, FLORIDA 33137 . (305) 5715-3706 ( ~g: 15718f~2BZ3 ( ~b 3. No foreclosure sale of any of the property of this bankruptcy estate shall be scheduled and held by the Clerk of the Circuit Court for Dade ounty, Florida prior to May 6, 1991. ,.,/ IXlffi and ORDERED at Miami, Florida this --/-:L day of Apri l, ;z.-~ /tDNEY M. WEA~, Chief Jooge .S. Bankruptcy Jooge Copies furnished to: WJ Robert L. Roth, P.A. )/J Steven Friedman, Esq. (Attorney Friedman to provide copies of Order to all creditors and interested parties.) :"-4>- 1'CY)"Otto ,..... - ~ .."'- - ~--- -." 0' OA Of l FN O""c:fAf 'PCO.D' .OOof UCOR' Oil I" hO"OA., ,J '.fR.. F Clerk 01 Clrcui; & LC/unt)' Courts . .i/.;~~' 'fi..- ,y;'~.' f~~.~r~. , .,' \) I'" ., .' I \ I,~ .. " ~ ,.-- --- --,." ~ .. ' , \" I,~_, ~-.J /' , ' ~" .....,. ./' J, J/ E. ''''\'/' , '..f..:,~ __:"...q s. ,'" ( .' ( '." iJ i~(' V7;1Lll~ ~\ 1\\ \ I \~".~: IL. ( ... !~""\,',,\, \' . f;;r-' . I I " , ,.;- ...... . r.n "\ j" ~\ ill t,f$\"1t J ~ / f~' "I ';" t), U;;}..! ,IJ-& ""-l/e' ',0 \~ '1. \ , / ,,; ~j ""! <';I' ~, ' , t.. l /' ('\ y t. ".'" ,..... r \" r ., r" ..,----,/ ^ ',.', .,'fn ' ,'';''', , (," ;l .~ <q,.~.. ,~ ; r ,..,..J",--:~;,J ......"-.. .'&- ~~ ;. ;:.~J~. .:--\ ~11i3.~. Ooof1; u.8~ft(Mlrl, ~~~C..<2-.- -\~ ~ .~ ;7~cr: l-_:~":.~-:/r~--' ./ RETURN TO: MILLER &. PONN, P,A. 2~jO '/akllcLl .r\\JE~nlle Coral GaPle$, F1uriLlH 33134 - 3 - STEVEN F'RIEDMAN, P.A. PCNTHOUSC SOUTH, 4500 BISCAYNC BOULCVARD. MIAMI, nORIOA 33137 . (305) !57e-370e R[f: I 5718rr2826 PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENT: WHEREAS, HARVEY H. TENDLER, a single man, by Mortgage Deed dated December 14, 1988, and recorded in the office of the Clerk of the Circuit Court in and for the County of Dade, State of Florida, in Official Records Book 13932, Page 2250, granted and conveyed unto ROBERT WALTERS and CLARA WALTERS, his wife, hereinafter referred to as the Mortgagee, and their assigns, the premises therein particularly described, to secure the payment of the sum of ($35,000.00) THIRTY FIVE THOUSAND AND NO/XX Dollars, with interest as therein mentioned; and WHEREAS, said ROBERT WALTERS died on August 6, 1991, and WHEREAS, said CLARA WALTERS desires to release the aforesaid mortgage lien from the real property hereinafter described. NOW THEREFORE, in consideration of the premises and of the sum of $10.00 in hand paid, the receipt whereof is hereby acknowledged, I do remise, release, quit-claim, exonerate and discharge from the lien and operation of said Mortgage that certain portion of the mortgaged premises conveyed by said Mortgage, more particularly described as follows, to wit: That part of Lot 3 in Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida, more particularly described as follows, to wi~: Beginning at the Southeast corner of said Lot 3 in said Block 53 of OCEAN BEACH, ADDITION NO.3, said point being the point of the intersection of the Easterly line of said Lot 3 and the South line of said Lot 3; thence run West along the South line of said Lot 3 a distance of 116 feet to a point on the South line of said Lot 3; thenc~ run in a Northeasterly direction to a point on the North line of said Lot 3, which is 125 feet West of the Northeast corner of said Lot 3; thence run East along the North line of said Lot 3 a distance of 125 feet to the point of the intersection of the North line and the East line of said Lot 3, and said point being the Northeast corner of said Lot 3; thence run in a Southwesterly direction along the Easterly line of said Lot 3 a distance of 51.27 feet, more or less, to the Southeast corner of said Lot 3 to the point and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida; which said property is known as the SUNBEAM APARTMENTS; commonly described as 140 Washington Avenue, Miami Beach, Florida. M r'l .. ..... ..... Q. ..... ::> o :z: t"'~ 0- 0- ..... -.0 \f ~ rc') '-t '-t " ('~ 0'- ,~:~ ... ~[~: , S718f~2827 Provided always, nevertheless, that nothing herein contained shall in anyway impair, alter or diminish the effect, lien or encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises, not hereby released therefrom, or any of the rights and remedies of the holder(s) thereof. IN WITNESS WHEREOF, the said Mortgagee has hereunto set her hand and seal this ~day of ~ptcmb&r, 1992. C;l\O ~ Signed, sealed and delivered in the presence of: .!I~/L~. G:?c<p r~ \\\, \\v w~ss 'w. ~;;;;me t"-QtJELL Witness' printed name () ') L ') Q ~-~ (/ II.? d..' L' (1- 'ft /t-~ Clara Walters 7375 S.W. 100 Street Miami, Florida STATE OF FLORIDA COUNTY OF DADE 'PCO'OED IN O",Cllll ~fCO'OS lOP. 0' DAO~ (OU-, TY, f.O.,OA. ncol/O VfR'F f') Glt:f k of Circuit & Counfl ' Courts ... L~-""l-. -.'.l.ti' .....~~JI.~ I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared CLARA WALTERS, known to me to be the person described in and who executed the foregoing Partial Release of Mortgage, who acknowledged before me that she executed the same, and who is personally known to me and that an oath was not taken. Witness my hand and pfficial s State last aforesaid this $'"' day of 'n the County and r, 1992. ,/ ~.,.( ;Pi/ Notar Signature GQor~.e ~(4\J\ cA \'<\\\\QS' Notary' printed name This Instrument prepared by: ~iC;'):,:J l r~i'-'::, il;.' f In'::- I, ..~ i' III;' '~I.- fi.IiRT[',." i ,. ,f ') '~ ";' I I,'. ~'j, ;'~ ',; .) , .... ' ..' ,.............,'.:;>., .',~..... ~ o...,<j. :: ,-., : C: "J . -' .,( _,: f:.J .'". . ,,, . ."- Dennis Ponn, Esquire 250 Valencia Avenue Coral Gables, Florida 33134 -. 0., I.: ,\NOW ALL MEN BY THESE PRESENTS: ..Q .... .. ('-I ..-. ",I -, I :>' Cl :z: I C"~' 0-- 0--' ..... I f'.i -.rl T"'I ~ 0-.1 r~: THAT, CITY OF MIAMI BEACH, FLORIDA, HEREINAFTER CALLED LIENOR, HOLDER -.r; OF A CERTAIN CLAIM OF LIEN FILED BY CITY OF MIAMI BEACH, FLO~IDA ~! AG INST THE PROPERTY DESCRIBED BELOW IN DADE COUNTY, FLORIDA ALLEGED TO N BE WHED BY: Harvey Tendler & W Gwen 126 Washington AVAND RECORDED ~ ON E 9 DAY OF _ July_ , 19 90 IN OFFICIAL RECORDS BOOK AT PAGE 637 * IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA TO-WIT: Plate 707 ./' / /~ Wf~: / 57/ 5rr29/ r SATISFACTION OF LIEN Lot 4 Less WI02.2ft Blk 53 Ocean Beach Addn No 3 PB 2-81 Pub Rec Dade County Fl DOES HEREBY ACKNOWLEDGE SATISFACTION OF SAID CLAIM OF LIEN, DIRECTS THE CLERK OF THE CIRCUIT COURT TO CANCEL THE SAME WITNESS MY BAND AND SEAL THIS 7 DAY OF October CITY OF MIAMI BEACH AND HEREBY OF RECORD. 1992 . BY , WILLIAM GONZALEZ . ' LIEN SUPERVISOR 1700 CONVENTION CENTER DR (305) 673-7590 * See Exhibit "A" for additional liens satisfied by this ~ / C' ......, / .. '., ..... v-", ..... .,It,.' ~,' .. tI' . _ co. ........ 'I I~/. "., \.' :",: I ., ~ . ... . L" : ( .' ..--:,!: . .: '. " . t (', . l sa~i \~a~t_~~w.~;;,\ ""~, .:' ( .,' :,j~ I.... t.. "'~. "," " v \', . ,.~ II. 't .,,". ,; .. J '.~' ft. ',. " , b', 1\... ,,' I. f. ..' I, t jI ......... " \ , l,f I l'l " ~TATE OF FLORIDA) :OUNTY OF DADE ) \. 1,,' BEFORE HE, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WILLIAM GONZALEZ, KNOWN TO HE TO BE SUPERVISOR, LIEN DEPARTHENT,ACKNOWLEDGED '1'0 AND BEFORE HE THAT HE EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN EXPRESSED, PURSUANT TO DUE AUTHORITY. 11EPARED BY: LAURENCE FEINGOLD, CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 I;~) - /:'-\ . ,,/. ~ C .(~{ (:t;....._ ']/ ~a,Oc"ctf'cJ NOTARY PUBLIC, STATE OF FLORIDA ENILDA J. BARINAS; MY COMMISSION EXPIRES: /Nu tiorhAy"m.JBLlc !:'TATE OF FLORIDA :,~ f.n<'~lls~n(;!I EJ:r'. JULY 11 19Y5 , t''. '., ~JiDED 'IflHL' i,:c;NEHAL INS. ~N~. '. -;~.... t.,!t.. / C ~'" " <."'.... . li,.. I' (' ETURN ,p~: !. I " \.., l' ~ \ , I , ' c..: i 11 \ -' ..dl i, '), I I U I I II :,." ' , . It. I 19 ....1J Off. 15719>~291 Z HEt. EXHIBIT "A" TO SATISFACTION OF LIEN DATED OCTOBER 7, 1992 Re: Lot 4 Less Wl02.ft Ocean Beach Addn No 3 Pub Rec Dade County Fl Blk 53 PB 2-81 Additional liens satisfied: Date of Recording Recording Information September 18, 1989 OR Book l4258, page No. l27 July l5, 1988 OR Book 13749, page No. l349 January 30, 1987 OR Book 13l65, page No. 377 August 7, 1986 OR Book 12978, page No. 282l June 24, 1991 OR Book 1508l, page No. 6l (Re: Plate No. 707) Cleo. OED r 010 IN O""'CIIlI ~FCO.O' 100 1l0f lOll T',I,OK.6I.., ~ECOIlO VfN., t ' Cle,. 01 Circuit & Cour;t~ C<i ul1s ,>>s.. h. .\ . ; ~"+ , . '. ':I>a.l.: I ; \I I r i" i' , ';, I ' ," , : ~ I. !) " " i , ~ I , :\ -.,!ldU!' ',Ii',; !II. " , " "1 Rf[: 157 f 5r~2913 Acct 315044 Plate 705 -0 .... .. ("~ .... r... .... SATISFACTION OF LIEN :> o :z ("4 0- 0- .... THAT, CITY OF MIAMI BEACH, FLORIDA, HEREINAFTER OALLED LIENOR, HOLDER OF A CERTAIN CLAIM OF LIEN FILED BY CITY OF MIAMI BEACH, FLORIDA AGAINST THE PROPERTY DESCRIBED BELOW IN DADE COUNTY, FLORIDA ALLEGED TO BE OWNED BY: HrtrUPjT 'T'pnr'llpr J;, W (:;wpn 1.10 Wrtc::hingt-nn Au AND RECORDED ON THE 1 q DAY OF Mr'l rrn , 19 87 IN OFFICIAL RECORDS BOOIC 1 1? 15 . AT PAGE-1.8 3 3 * , IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA TO-WIT: 00 "It ~ 0- M "It " N 0- 'TOW ALL MEN BY THESE PRESENTS: Ocean Beach Addn No 3 PB 2-8l Part of Lot 3 as per Db 3448-6 Blk 53 Pub Rec Dade County PI DOES HEREBY ACKNOWLEDGE SATISFACTION OF SAID CLAIM OF LIEN, AND HEREBY DIRECTS THE CLERIC OF THE CIRCUIT COURT TO CANCEL THE SAME OF RECORD. WITNESS MY HAND AND SEAL THIS 7 DAY OF October 1992 CITY OF MIAMI BEACH . * See Exhibit "A" for BY WILLIAM GONZALEZ LIEN SUPERVISOR 1700 CONVENTION CENTER DR (305) 673-7590 additional liens satisfied by this . .' j " . . . ';..~, ...' ~'v"'.- . , "'--, :-, .: , '" /' ..J / i, .... 10 Ill.. ~'/ '. ".. v.r' . ", ' ". '- ::.IATE OF FLORIDA) ,..,- . . . ", .. of v.. " . "..~, " satt~ Va~H_9~~\ "'" . I r \ ~ '''''\'~"' ( ",: '.. "'. :~ If, I,;;. .. . , "'" \ ... .,' I I, ........ I I .I l; . . - : (. JUNTY OF DADE ) BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WILLIAM GONZALEZ, KNOWN TO ME TO BE SUPERVISOR, LIEN DEPARTMENT,AClCNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN EXPRESSED, PURSUANT TO DUE AUTHORITY. ~EPARED BY: LAURENCE FEINGOLD, CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 TURN TO:. . !,:!II :-i( ~ ;":;,Irj, r ,\ ~I:) () " : : /\,,"- III II , CUi.i1 C~UI' ~', I, i I: jJU/ .J'. /J)' , - 7Il.cfl..:'{ \" ~:~t{(..l(tA..~ NO~ARY PUBLIC, STATE OF FLORIDA ENILDA J. BARINAS; MY COKHISSION,..~XPIRES: '!v" " , I ~ (;) , ~:r. . 1)_ /j · ~TAAY Pum..c ". t.J I"l MY CO"e", r..," - S7',~ 7';:; Or '., . C' ~J"h"'l\;'n' '..J ".".'." r", , F7,OR.r". ~'''''~ 'il .""'. ,," ' , . i'W Cot:.Jole;iU~L l " / j., '~95 , INS. U~D. .( \ d ' ~f[: I 571 SO~2g 14 EXHIBIT "A" TO SATISFACTION OF LIEN DATED OCTOBER 7, 1992 Re: Ocean Beach Addn No 3 PB-81 Part of Lot 3 as per Db 3448-6 Blk 53 Pub Rec Dade County Fl Additional liens satisfied: Date of Recording Recordinq Information July 14, 1986 OR Book l2951, page No. 2864 January 21, 1987 OR Book 13l53, page No. l641 October 18, 1988 OR Book 13859, page No. l789 September l8, 1989 OR Book l4258, page No. l26 October l5, 1990 OR Book 14741, page No. 1071 July 9, 1990 'oR Book 14617, page No. 636 (Re: Plate No. 705) (~C'OtOfD 0' 04 Dt IN OjCJ' IClAI "ECORDS .uo~ (01/ "r" fLO~,~ tteoR, "EN" f') r;/elk at CUcuit & Countlf CiJurts " -, '~ ..' . I ',,~ ,),() ~... ''''....Ii.,. \;'1,.:" ~ t,llLLER 8, pnr'J~J, rA 2~A) VtlhIC:,: /\'>/1'111.)11 Cem.1I Guulcs, lien il lei ,~; L ,~il, ~[[~ I 5718rrZ8Z 4 PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENT: WHEREAS, HARVEY H. TENDLER, a single man, by Mortgage Deed dated April 14, 1989, and recorded in the office of the Clerk of the Circuit Court in and for the County of Dade, State of Florida, in Official Records Book 14079, Page 2032, granted and conveyed unto ROBERT WALTERS and CLARA WALTERS, his wife, hereinafter referred to as the Mortgagee, and their assigns, the premises therein particularly described, to secure the payment of the sum of ($35,000.00) THIRTY FIVE THOUSAND AND NO/XX Dollars, with interest as therein mentioned; and WHEREAS, said ROBERT WALTERS died on August 6, 1991, and WHEREAS, said CLARA WALTERS desires to release the aforesaid mortgage lien from the real property hereinafter described. NOW THEREFORE, in consideration of the premises and of the sum of $10.00 in hand paid, the receipt whereof is hereby acknowledged, I do remise, release, quit-claim, exonerate and discharge from the lien and operation of said Mortgage that certain portion of the mortgaged premises conveyed by said Mortgage, more particularly described as follows, to wit: That part of Lot 3 in Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida, more particularly described as follows, to wit: Beginning at the Southeast corner of said Lot 3 in said Block 53 of OCEAN BEACH, ADDITION NO.3, said point being the point of the intersection of the Easterly line of said Lot 3 and the South line of said Lot 3; thence run West along the South line of said Lot 3 a distance of 116 feet to a point on the South line of said Lot 3; thenc~ run in a Northeasterly direction to a point on the North line of said Lot 3, which is 125 feet West of the Northeast corner of said Lot 3; thence run East along the North line of said Lot 3 a distance of 125 feet to the point of the intersection of the North line and the East line of said Lot 3, and said point being the Northeast corner of said Lot 3; thence run in a Southwesterly direction along the Easterly line of said Lot 3 a distance of 51.27 feet, more or less, to the Southeast corner of said Lot 3 to the point and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida; which said property is known as the SUNBEAM APARTMENTS; commonly described as 140 Washington Avenue, Miami Beach, Florida. M M .. ..... ..... 0- ..... ::> o :z: ('I 0- 0- ...< 11':1 ,t '1"'4 r4",l '4' '" cz:: ('~ (}. ~ ~~ tI'" ~f~: 1571 flCZ82S Provided always, nevertheless, that nothing herein contained shall in anyway impair, alter or diminish the effect, lien or encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises, not hereby released therefrom, or any of the rights and remedies of the holder(s) thereof. IN WITNESS WHEREOF, the said Mortgagee has hereunto set her hand and seal this 8~day of ~eptcmbQr, 1992. Oc.'ober Signed, sealed and delivered in the presence of: U .' -- C ~lU\JQ Lt I Cl~ teA/) Clara Walters 7375 S.W. 100 Street Miami, Florida ~r~~ ~\\\Qj\ Witness printed name rI/t: !JjJ} My I} 6u6LL Witness' printed name ~lC:OIfO ..~~. -. - ---.. 0, llJ TN 0', --'- o. ffC~:~~ (OU T,. :~~~ ;C'OIlO' '001 CI EII" EJ I A. ,erk of elfeuit & CQ COurts Unty STATE OF FLORIDA COUNTY OF DADE , '...-,,'.:....,.. ~. "i: I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared CLARA WALTERS, known to me to be the person described in and who executed the foregoing Partial Release of Mortgage, who acknowledged before me that she executed the same, and who is personally known to me and that an oath was not taken. witness my hand State last aforesaid this and official s~!pr. the County and ~ day of ~ber, 1992. /Z- $I ,"C' Notary Slgnatur G~~ b~ ",0. "" \ \\V' Notary's printed name d \II "11 II This Instrument prepared by: ," 'j;J I, j '., ",",I'{ 1,1 ; J" ~':r\;i':: r:t n.o~n:A<<.. ....,.~'..) ", Lr::::>"":.:~ F"? ,;;:',~E 2l.1S~? ./ : . ('. . Dennis Ponn, Esquire 250 Valencia Avenue Coral Gables, Florida ~! : \ " 33134 .," . . J t. ~[~: I 5739fC4725 ',J2H";,78293 1992 DEC (13 AFFIDAVIT AS TO PAYMENT OF REAL PROPERTY TAXES BEFORE ME, the undersigned authority, personally appeared DENNIS PONN, who upon being duly sworn deposes and says: 1. Affiant consulted with the Dade County Tax Collector's Office and reviewed their tax records in regard to the following described real property, to wit: (See attached Exhibit "A". 2. That Folio Numbers 02-4203092580 and 02-4203092600 are designated to said real property. 3. That in regard to Folio No. 02-4203092580, Tax Certificate No. 90-31705 was cancelled and converted to Tax Certificate No. 90-40321. 4. That Tax Certificate Nos. 88-29866, 89-6882, 90-40321 and 91-7169 in regard to Folio No. 02-4203092580 were paid on November 24, 1992. See Exhibit "A". 5. That in regard to Folio No. 02-4203092600, Tax Certificate No. 90-31706 was cancelled and converted to Tax Certificate No. 90-12619. 6. That in regard to Folio No. 02-4203092600, Tax Certificate Nos. 88-6283, 89-6883 and 90-12619 were consolidated under Tax Deed No. 22450, which was redeemed on June 4, 1992. See Exhibit "B". 7. That in regard to Folio No. 02-4203092600, Tax Certificate No. 91-7170 was paid on November 24, 1992. See Exhibit "B". FURTHER AFFIANT SAYET ' --------- AUGHT. ) ~ ~ SWORN TO AND SUBSCRIBED BEFORE ME on this 4 - day of D December, 1992, by DENNIS PONN, who did take an oath and is personally known to me. e/).'11 /'t:' \,'!2(~;;? ;~) Mayral uell, Notary Public My Commission expires: Prepared by: Dennis Ponn, Esquire 250 Valencia Avenue Coral Gables, Florida 33134 I-~:~::-:~':~:' .:(:~: f~ ;~'.:: ':',' ~~T~:-'-l';~:'~: ('.\,\:",;~,\,::..".,.,!l,:I,;,.;..':.':"".,.,..,.,":.": ',;'.,...':!.... '.. ' "':" .::)~\~}, ;:~)~;,~,.., . '. - .. ~,,''':>~~:'! ;,:'j':rl~.3 h'..~ /0'.,.:. j~~1 ;:,>~a .~~~~.. ...,~"....... '....., ....,. -'""'.....~. '..-........--"""'---..- ofr.1 S73~~4r26 HEC. 1j:~H! BTL-'~[\'.'. 1>EGl\L I2f:~'l~gIErtLQ!,! That part of Lot 3 in Block 53 of OCEAN BEACH, ADDIT: NO. 3r according to the Plat thereof, recorded in Plat Book 2 Page 81 of the Public Hccords of Di.lde County, Florida, more particularly described as follows, to wit: Beginning at the Southeast corner of said Lot 3 in said Block 53 of OCEAN BEACH, ADDITION NO.3, said point being tho point of the intersection the Easterly line of said Lot 3 and the South line of said Lot thence run West along the South lino of said Lot 3 a distance ( 116 feet to il point on the South line of said Lot 3; thence rUI in a Northeasterly direction to a point on the North line of Si Lot 3, which is 125 feet West of the Northeast corner of said I 3; thence run East along the North line of said Lot 3 a distan< of 125 feet to the point of,the intersection of the North line and the East line of suid Lot 3, and ~;C1id point being the Northeast corner of said Lot 3; thence run in a Southwesterly direction along the Easterly line of said Lot 3 a distance of 51.27 (eet, more or less, to the Southeast corner of said Lot ~ to the point and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Bloc 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat therec as recorded in Plat Book 2 at Page 81 of tho Public Records of Dade County, F lor ida; which said pr()p(~rt.y is known as the SUNBE APARTMENTS; commonly described as 140 Washington Avenue, Miami Beach, Florida. ~':-~~1.;::;;::':'''.''~' '..hJ'('.~,. '~._-,~-::..;..._, 'lI........:~I'~.,~ ~ ,". .,_ I ~ '1: " \' \ '. '~Q- ,- ~ '- lC:t r-=:> en '"Y"') '- :.J") . . ...u ~..., oa: DO- ~Q- UQ- '- _~ADE' DADE COUNTY DELINQUENT PROPERTY TAXES AND/OR LIENS IF NOT PAID ON OR BEFORE 11/30/92 THERE WILL BE ADDITIONAL INTEREST FOLIO 02 4203092580 YEr@ TYPE 01 CERT: 00071b9 T AX DEE D INT% FACE AMT INT. RED, FEE ADD'L COSTS If Ivl/.;cr - /L 00 00000 BUYER 810 TOTAL MIbLER & PONN P.A 25 VALENCIA AVE. CORAL GABLE~ fL 33134 OCEAN BEACH ADDN NO 3 PB 2-81 PART OF LOT 3 A~ PER DB 3448-6 BKC Dl~MI~~ED-RPK PAYMENTS RECEIVED WHEN PROPERLY VALIDATED - PLEASE VERIFY DESCRIPTION OF PROPERTY BEFORE PAYING. FOR REAL ESTATE ONLY NOTICE ~F BILL COULD CHANGE IF TAX DEED APPLICATION OR - PURCHASE OF CERTIFICATE IS MADE PRIOR TO PAYMENT , OS 4~46 006 112492 000215726 05 810 01910007169 00 00000 02 4203092580 1192 000215726 .j iiIiiIDADEt DADE COUNTY DELINQUENT PROPERTY TAXES AND/OR LIENS IF NOT PAID ON OR BEFORE 11/ 30/92 THERE WILL BE ADDITIONAL INTEREST FOLIO 02 4203092580 YEA~ TYPE 01 CERT: 0040321 TAX DEED BUYER INT% FACE AMT. !:NT RED, FEE ADD'L COSTS 391 (f I?V 1tjP-:- ( f J!-- LJ 00 ~000 TOTAL 2'b28'0~ MILLER & PONN P.A 250 VALENCIA AVE CORAL GABLE~ FL 33134 OCEAN BEACH ADDN NO 3 PB 2-81 PART OF LOT 3 A~ PER DB 3448-b BKC DI~MI~~ED-RPK PAYMENTS RECEIVED WHEN PROPERLY VALIDATED - PLEASE VERIFY DESCRIPTION OF PROPERTY BEFORE PAYING FOfl REAL ESTATE ONLY , ~ ~ BILL COULD CHANGE IF TAX DEED APPLICATION OR ' PURCHASE OF CERTJFICATE IS MADE PRIOR TO PAYMENT t ~ OS 4446 OOS 112492 000262802 05 391 01900040321 00 00000 02 4203092580 1192 0002b2802 _DADEt Ir(:; ff;?-- r '] O~OOOO L DADE COUNTY DELINQUENT PROPERTY TAXES AND/OR LIENS IF NOT PAID ON OR BEFORE 11/30/92 THERE WILL BE ADDITIONAL INTEREST FOLIO 02 4203092580 YEA@ TYPE 01 CERT: 000b882 TAX DEED BUYER INT% FACE AMT. INT nED, FEE ADD'L COSTS 494 TOTAL MlbLER & PONN P.A 25 VALENCIA AVE CORAL GABLE~ FL 33134 OCEAN BEACH ADDN NO 3 PB 2-81 PART Of LOT 3 A~ PER DB 3448-6 BKC DI~MI~~ED-RPK PAYMENTS RECEIVED WHEN PROPERLY VALIDATED - PLEASE VERIFY DESCRIPTION OF PROPERTY BEFORE PAYING. ~ NOTICE THE TOTAL AMOUNT OF BILL COULD CHANGE IF TAX DEED APPLICATION OR PURCHASE OF CERTJFICATE IS MADE PRIOR TO PAYMENT , 05 4446 004 112492 000192462 05 494 01890006882 00 00000 02 4203092580 1192 0001924b2 -------------- --- iiIiIDADEt t (~{/;'.2 ;- DADE COUNTY DELINQUENT PROPERTY TAXES AND/OR LIENS IF NOT PAID ON OR BEFORE 11/30/92 THERE WILL BE ADDITIONAL INTEREST YEffj) TYPE 01 CERT: INT. RED, FEE TOTAL ~ c o ~ Z m '" ...-/'" o D I: en Z ,0 FOLIO 02 4203092580 LJ 00298bb TAX DEED 00 00000 BUYER 081 INT% ADD'L COSTS FACE AMT MILLER & PONN P.A 250 VALENCIA AVE CORAL GABLE~ fL 33134 OCEAN OEACH ADDN NO 3 PO 2-81 PART OF LOT 3 A~ PER DB 3448-6 BKe DI~MI~~ED-RPK PAYMENTS RECEIVED WHEN PROPERLY VALIDATED - PLEASE VERIFY DESCRIPTION OF PROPERTY BEFORE PAYING, FOR REAL ESTATE ONLY NOTICE ~F BILL COULD CHANGE IF TAX DEED APPLiCATION OR - PURCHASE OF CERTIFICATE IS MADE PRIOR TO PAYMENT . OS 4~{6 003 112492 0002316{8 05 "1, 01/',800298bb OOFQ~H~~J If2 ,Hjln092580 ],],<12 000(111,1,4/\ ~[t I 5739rC4728 -~~ DADE COUNTY DELINQUENT PROPERTY TAXES AND/OR LIENS THEI1E WILL BE ADDITIONAL INTEREST 1~1~ FOLIO 02 4203092hOfJ IF NOT PAID ONOR BEFORE 11/30/ '12 /~ Y[lt 91 '/'Nl [)'Pl (1), (ERT: 0007170 TAX DEED 00 1- BUYER 810 INn" FACT AMT mD [.[ r. ADr:n COSTS TO' MILLE & PONN P.A. 250 VALEN(IA AVE CORAL GABLE~ FL 33134 PAvM~~ RECEIVED WH~~~~~9.~Rt~!~V~P~AT~D - ~LEASE vP;RIFY DESCRiPTION OF ~f:tO,PERTV BEFORE PAYIN~;; , ." " ~ ' ,'~F 81LL <;:'OULO CHANGE: IF TAX DEED APPLICATIoN OR , " " ' j ~.f, , : , PURCHASs'iOF CERTJFIC,ATE; IS MADE; PRIOR TO PAYMENT. ",' '. ''''. " , '. ~'; ,.' : O(EAN BEACH ADDN NO 3 P8 2-81 LOT 4 LE~~ Wl02.2FT BLK 53 BKC DI~MI~~ED-RPK 05 4~'6 007 112492 000199748 05 810 01910007170 00 00000 02 4203092bOO 1192 000199748 .~,. .,-,.. , I( / I ]) I r (,,, [) I N (~ II I I~ ,. (I I. N I.) II ,I ) :1 I('j n II L r,lIlnH: ')(.\) I: ,'" I I,\! I \lll'l/FE IU 11 ~. I III Ill: i: I I ( l I ~; ,~ 1 Ii 1'111 I I I I I l , I I... () I III II) u,.) 4.iO,hh,':U),)\) 'll 'f'III,',II' 0)/1 '1/'),' I rl,(il. I IU()lt'(lll ()JO/..','.,.' 1'1 ,I., r', i~ n L,. I ( : II (,nON N () ,~ I' t<;1 Hi I UT .. LF !;~; (..J i 0:1, ::)FT nLI. ':"~ j{jU, )) U; h I ~;~; F J) IU'I< T (IC.' Thi- [, , ")'"j r." '.' T L .', .. 4.>~) r I' (' I (H ';0 01 Wji Cij flU Hil rI I( 1','1\) ~'.'\ " 1,'.1 ,. '.) ~ ( ) ~, 1111:; I II X illl I I Fi \ N"OVI F[ I I., n i< 1 L i \ ';lllnl IF "I i:d.1 I I. ,', hili I N r '1"1 I , : II /. I \' \' : II i-: I I i i .. " ,-., .. ,.., ,') { \ \) .- .' . \ ,\ { , () .. I . \,1";', ,1 ' ..) \', H!J.Y 1992 (iI. I I IJII 1 ilfJ I J I. n y i'il I! II 1'1: j ; n J I I ~:;: 1'1 ,,) D I : (ji '? '/'/ 'I 'I (1....) ',' 1 'I " )': I ('lX, I I \I I 1 I I , i tlNC Ii, 11)111 r (ll r'll/! li!I,1IIII.., ('11'11'1 ill :.1111'1 '\!I \, I I,;" I\l;;':~' ;\ ' COlt05 1001' Of' ,C',l.l H .,eol Deo IN fl OlllO..., I)! COUNTY, 0' DA IfD tfCORl' VENJ,f 't & County ~'p.rk ot CIrellI Courts . , " ~ -... " . D [ L J N U tI L NIT (, /. )( )( 11 I: 11 U NUT F F Cl L J Cl ( 0; -_.~;;~)~~~.l :;;2.0J 0-)/(1 >: niT D F (i C F \I (,1,1 J F ~,) I ,.. / ,;; , (: U l' (', T [ U I i',II' 1 Tit '..1)(] IF TH "'T J l'IF UI'LIZ ,.!tIHHt,1 I VI. o 4 I ::~? I 9 :,~ 1 ::; : 4 1 : 'lOT 'I :> II,. F n 1< (; F I I. F N U. ? :; 1'1 0 ::> ;,i ~~; M I) ":>/14/(ji2 04/;:? ill ''1'::) j 1 : ~:>:): <in Tl,:) C U I( n, cr I j) C I F n 1< 1.1 I, F t" u, ') :) (1'..' ") :,0) ::> 06/041 ? :~ 0 n . 1 :1 : ;1 3 L n f~ 06/04/9::!. OU: 13: 23 LIU! 1'(,(,\11'1 r l'l(.,D[ ny I UII I) (,HII 11UP,! " INV CCi. :)::)0 \/(,I"FUCI(', AVL [^(,,' 11,(\ 33134 Fun 1; Cl,1::>:').31 Ii, Ie:: () /j ~) (I D 0 0 0 1 y n ;1 1 ') D D , U? I 90 T A X F !:) . 00: 00 : 0(';' i-lFNU::::PI1 i Ur:'D()lF::PF~:) i CUi~'1 .I NUl ::FNIII( x (j L L 11 F 1'1 ()~; 1) T bPI., (1 Y F 1) "', .., F N T FHA 1) D II I () (J "11. i1 [ 11 U ~:) rUNCI J Ui\! EXHIBIT "B" .........1__...... r v,., IYI ~.rn.' ,- ~, o. Addr... r'-'. I . I r' " MIL Lrn & ,.'1'-", ,', 2 ~)(J v' (l \t~'lC; i<:' /\ \j(~ n 11 t: Coral Gables, rioliui] .TJ 134 ? 'j ,~ ~f~: , 5718rf,28' 7 .1 " 92R44-:314.2 1992 NOV 19 1J This Instrument Prepared by: Dennis Ponn~ Esquire Add'... 250 Valencia Avenue Coral Gables, Florida [C D. ~l < ~. Cc 33134 r. ~ 6 Properly Appraisers Parcel Identification (Folio) Numberls): 02-4203-009-2580 / 02-4203-009-2600 SPACE AElCVE THIS LINE FOR PROCESSING DATA _____ -----..-.~_.--_ SPACe Af10VE THIC. L"lf ron nfCOflDING DATA__ ~atil1factinn of ~ortgagt i(now All 1$ten iJu W~elit ltJrelltlltu':' ThIll, We_ oCLARA WALTERS .iln Llndi vi ded 42.H6/'o interest, F~IEDti FRlruKIN, an undivldelll~{I.'57'/o Interest and ~UL KRAMER, an undivided 28.57% interest the owners and holder s r~ra cerr(//II mort!J(!!lI' dCI'd c/'efuted IIY HARVEY H. TENDLER, a single man ~ EQUITABlE MORTGAGE & INVESTMENT CO. bearing date the 1st day of March , A,D. 19 88, rrconled in Official Records Bo( 13599 , Page 2388 ,hI the ofJi'ce oflhe Clerk I!(the Circu/I emal (!! Dade Count Slate of Florida ,securing a certllin 1/(JtI~ i11 thr prlm/Jilll sum /!t ($87,500.00 EIGHTY-SEVEN THOUSAND FIVE-HUNDRED AND NO/100 Dollars, Ilnd certain promises and oMigations setforlh in srr/d mOl'lflllyt: dced, upon the propcl'l!! situate in sa' State and County described as follmJJs, fo.wit: AS PER ATTACHED LEGAL DESCRIPTION ADDENDUM hcrt'lty acknowledge full}JIlymc)/1 (/'1/(1 ,~lIt/,');/('/iull '!fs(/ld1/lilt' (Iud mlirfYII.r!1 ""I'd, Il1/(l S7UT{'1/([cr sanu' (IS cancelled, and herdlY din'd Ow CierI, (~r tlli~ wid ('11'('1(/1 ('li1/rl Iii (,/1'/II'I'l the S(/fII/ (~r )'I'turd, Dlitllt1J1J our hawls and sr'lI! S , rhi,'; 18-4h tllIY iiI September , A.lJ. 19 92 Signeel, sealed and deli/JI:red in Ihe }!n'SI'IICI' {~r ~ ' ~ilnt'u(hl~::l~Ut(' (:~:l'l ~~: G~:II{)J.) -.----- ------------ ii' ' /', I . "-.J, . '~! I. i'nnl7.rn.",., ... , \ 1-.--'--':;.----', h__ \~;~ ~{,:\:~~ ,:, rl~' \;'~"I.~}~-~~.th.-.+-'.--'J~lm-- j J'. I I " I,: /, " I ' , i . r;;;;~_:;r~;__----_.---- ....---. . .,--_._-~. ...--,..- th / )( ---'-~_.~-'--- ~_._--~~-~:..~--,-- ~ l; 1":011. r :--l~~ll.t till {. Sol Kramer ~;J~.71~;.~--------------.---..-.---------.--.--- 2 Li sa Lane ~.)~l.(,n_;_:t-.~.,~,~,~.. - -.--.- -.---------.--------.-.-, -----. New York, New York 10956 /~ /1 ~ir' 1/ f )(, . r I' .{ ( {It,,. V' i -<-:. r ( C ,I r;-~ (E -,-.,- j-c~..-..-...---... ...-----. ---.,.-.--.--.---._ { . ('I.ull"1 :iq,:IIIIIIII, I: ;111.\ Frieda Friedkin I I /; I. I I.' , ~ '----ry-.-----.-.---.--..-.-..-..--,-- llll<'N SI~ll.4.t.Un: (u to CO(;r-.lllt~)r, ir 411~) i . \ . . :.. II I, Fr~,~r~~;~.- U 1.\.\.'. \ ltl\~SI~l::llUN: (01$ tn Co.Gralllor, if :ll~----'---- " I / /1;( I t I i,;' .,: [ r' '..J / I.', \ 'I ' f'riDt.od Nun. 2 Lisa Lane ~jJ~', n;:.:;-- New York, New York 10956 STATE o"'~.EW _YOI3.K . C()UNTY OF~.:..t-- 0 C It' l"t :.)0 ) . "''SGL KRAMER and FRIEDA FRIEDKIN ~. NY--~--'-,~n --._- ~. ~IOWlI1." IIW U, ill' lhe p"rsoll S d,'scril>l'd ill /llId who "X"CHr,," I h" fnl'''I(ojlll( i,,,' 1'''111''111, who IICkllOwll'dgf'd l>I'fon' IIII' lhllt th ~y_._ ~ ,-/:x"c,it<'d the SHine, thllt.1 nolif'd "p"" till' follow III K fOl1l1S "f id,'"lj(jc/lI;,," "ftl", III."""II1"",'d 1"'rSOlI S: Fl or i da. and . .;;"",.---New York driver's licenses .lIndt.hntltllouth(wns)XJlO~titnken, ~. (,) (, Illt'n'bv (:,.,., if v f IlI,f "" I his dnv. bdore me, /111 offi""r duly nuthorizer 1.<. If''lIIillisl,'r 0111 lIs 1lIllllllk" IfckrlOwh:dj{TlI('nl.ll, p"rsolllflly nppellre" ,.j<J'TAAYHUllOEflsiAM J' -:;LA l. '.uh -..-..1 Wil.l\I'ss "ty "lflld If lid officilll s"lfl in Ih\' Coullty II lid State IlIst Aforesnid this " I ~ . (~:_(~f SePtember,/)'.. _ .AD 19_9.~, ---- -;"-) '1l '-;/J~J7'.-' /~L'~ '~ltl'lry-Si."u.ltlrf' . 7,...,7 .... ,/ . , \0 ..' .', 'I. ,.t' 0) 'I'., .1 1.4 ~~ THOMAS Oltl~!>-!t:NY NOTARY PUBLIC, ~t;~o 01 Now York No 03.091"_,525 Certilied In OrrlrJU,' County Commission E'" Jill I ~1. 1994 1'~">l"""U I uN:M ,,::'.,., .me: ,. ! Mil I rr. p, pn~.JI\l PA. <j OFF. I r::7 I Onn"'ln I r- ~ft: I 57 J 8ff.28 I 8 Witnesses: ~~J bLL of witness ) c, , (' I I' _ l" (.t'\' \.L\ ~ - l..... \tt~ l ( 1/ Clara Walters '., ~[\r\1S: ~I\^ P nted name of witness STATE OF FLORIDA COUNTY OF DADE I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared CLARA WALTERS, known to to be the person described in and who executed the foregoing Satisfaction of Mortgage, who acknowledged before me that she executed the same, that I relied upon the following form of identification of the above-named person: Florida driver's license, and that an oath was tak Witness my hand a~ff State last aforesaid this d me the County and 1992. My Commission expires: ,........ '. ',' r-.' '"It. ... .,. .',J,,,,.::r(,7r:~R~ :',~ ':' ',;. .;.;:: ,: ;:",),~';_~i ,:1.1_ ..toll... _.'l ~ ......,1 '..~..:.~.iL'I.. ~....J. u~. -~" '., -"II .. .~" ", ,. '.' .,,". '.' "'\110 o...:to ~ . V) . (". : ~~ :. , ..-:..... , ' . ',' # ...,,' . \'..... ',....) ...., I ~: ~ 0 -: :- '" o ~ ,. ~~. /.., ,....",.. ", (':, STATE OF FLORIDA I hen'hy C,'rtify I hilI. Oil I hi!' dllY, hdore me, nil offic"r duly authorized to lIdlllillisl,:rolllh, Illld tuY." E1cknowJr,dll'lIleTlt~, Jler!loTllllly apP',an,cI COUNTY OF DADE n_~J:..~IYL W l\~:r~FS ' _ ",'I:.:t~/"(II' --. - - - ---.- known to HIe t.o he the person . deA(Tib~.'l \11 .f'Ir{dJ..o',?FIlYClltcd lhe forq{oillR ill~1 1'1111"'11 t. who Ilckllowledgf'd hdnn, Ille t.hnl executed lIu' Rome, thnt I reli($IIlPOIl the ~\I\.1tiWir',it.(.;r't'),: \o(I()cntificlttion of till' nbov"'!I'lIl\l'd I"'rso!l : k.. .t.J.. ~.' ~ $ -L-.: .~'II"\. I', ...,( / /llId 1."'11. nil onll, (_)(wn~ 1I0t) I.nkf'11. _..dP.~l'.r_,.;)on&\. ~-.v,\~v-'l",( l' '," ---.. NOTARYiiijuOEA STAMi;'s."AL '.,.... ,;.~:~.. ".;' ~ Wil.llf'::u,ttlulI1,l Oil.! ,.rr'l'i:i1 ,,,,,t illl.h., CO\IlI~'.V .Ill.! St./lt(.ln~t. IIforesniJ lhi~ / . :'_I~ ts". .hvof Oc...tob~'" AD,H)92 ,',I"','"L,\0....:.:. ...~; /. /~'/7 /t. / ..,...."C,.....""lTI"1: ,',' / L.~I(..' ~~/ fi,)i[.)l I'll: 'I~~"; ',:~ ~''':'':.,.'i. 't.".',"\. ~ /, / , ~c..- Ill'{ L'",~"~..."J(t;:t . \,"_,1 '-. ,~/~ 1.,. ;'t~f.' N,.t"rySIf{1ll'l0rl" I Ge.O r;)5~ ~"J\C"\ t'<\'\\t-r ...._~.- 10 il3 91 /' ~: -.. ~[t 157' ar,28 I 6 EXHIBIT "A" .. LEGAL DESCRIPTION That part of Lot 3 in Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida, more particularly described as follows, to wit: Beginning at the Southeast corner of said Lot 3 in said Block 53 of OCEAN BEACH, ADDITION NO.3, said point being the point of the intersection of the Easterly line of said Lot 3 and the South line of said Lot 3; thence run West along the South line of said Lot 3 a distance of 116 feet to a point on the South line of said Lot 3; thence run in a Northeasterly direction to a point on the North line of said Lot 3, which is 125 feet West of the Northeast corner of said Lot 3; thence run East along the North line of said Lot 3 a distance of 125 feet to the point of the intersection of the North line and the East line of said Lot 3, and said point being the Northeast corner of said Lot 3; thence run in a Southwesterly direction along the Easterly line of said Lot 3 a distance of 51.27 feet, more or less, to the Southeast corner of said Lot 3 to the point and place of beginning; and Lot 4, less the West 102.2 feet thereof, in said Block 53 of OCEAN BEACH, ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida; which said property is known as the SUNBEAM APARTMENTS; commonly described as 140 Washington Avenue, Miami Beach, Florida. " . 1tP~IfO~ 0, 0 'N o,~ leI ff~ ilDt tou ',1. f AL UCOIIOI8O__ cOllu "Ev 'lORIO,,- .." Otuk of t E'l ~: Ircui/ & County \. Courts '," ~." '~;)!(~:i:I'I" f .-. -,....., " '...----. _u _~T ..~ ~ C...' ~ , '-'-' ~[~~ 15718r~Z820 '~~ 92R443143 1992 NOV 19 11: IN THE ClRCUrf COURT FOR IN RE: ESTATE OF FILED rnn liE COHlJ 1985 OCT - 3 PH IJ: 30 H/CHARD P BRINKER f.l.ERK, CIRCUIT & COUNTY CTS OMJE COUNTY. FLORIDA . GWENDOLYN TENDLER ---DADE COUNTY, FLORIDA PROBATE DIVISION File Number 85-6609 Division __ 04 Deceased STATE OF FLORIDA DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA 32301 Itl!CO ...._.....~-...#..............~ It OfD IN 0 ' 0' DJlDf COu, Fl'1('fA! ItfCQ'OIIOOl 'frOR,) v .rr,ILOHI04. r" HI' f 1 , <:/ k ot C,rcuit & County Courts DR.302 R. 11/82 RANDY MillER EXECUTIVE DIRECTOR NONTAXABLE CERTIFICATE AND RECEIPT FOR ESTATE TAX TO: Hylan H. Kout R E: The Estete of Tendler. Gwendolyn 420 Lincoln Road SOCIAL SECURITY NO, 261-R2-RRS2 M;('lm; :se-otC'n, F]o,;d~ 33139 DATE OF DEATH: 7-9-85 RESIDENT OF Dade COUNn STATE OF Florida DATE: 9-24-85 Harvey Tendler Erwin T. Tendler Evel yn LeVine, PR G 87516 THIS IS TO CERTIFY, That in accordance with the provisions of Chapter 198, Florida Statutes, there has been filed with this office a sworn report or return for Estate Taxes as required by law and on the basis thereof it has been ascertained the above estate is not subject to the Florida Estate Tax. The issuance of this certificate, however, shall not preclude the assessment and collection of Estate Taxes subsequently determined to be due the State of Florida. If proof of non liability by the above estate for the Florida Estate Tax is required by any person this Certificate may be exhibited as evidence of such non liability. Given in quadruplicate under my hand and the seal of the State of Florida. ,"'....',.." .,-:.STATE,OF;FLORlD^) ~ ..;':'. .. COUN'!"i OF' DADE) . . ~ ,', ' /:.~.:,/,~~-,~;jEiftBYCEfmrYthilttl.l~' fOr~!:oing i~ i3 true and '" A .. ~ , :',,'':'.~'~cr'("opy of the nlif!if\~.I'ol1' f'lc in' tills office, IV\. ': ;!! ,:',IJNESS my tlilli~ am: uflicial So,', I this ',.... oay . . : . .~\^:"^.:~.,.<~ ,.'+ NOV - r: 19911) . ('. Executive Director . , '_" '.,. ~'" ,... ~., 'G........ A.D, 1')......... .... .,,>~~~;;.~. . . Department of Revenue " -. \' .<~.~~;--. CLI~;a(~..c;""'uit and County Courts 'I, ",',~ ~~>:~ - 0' ad . ' ", . :", , ../. ~~ , ' ,. . By, , , :<-t, .. '; , , . , . ., .,. '"...... I' .' ...v' , /' Deputy Clerk tJt~i ADAMES Not valid without seal affixed. RECORDED OCT 7 1985 RICHARD P. BRlNK CLERK \ RETURN TO: MIIXtr~ &' PONN P A' 2~-o ' .J V<J/enc In h '(nn' ~tk 'Z656PG 98' I \9- Uff: 1571 ~r,291 0 CITY OF MIAMI BEACH CODE ENFORCEMENT BOARD RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: The undersigned, as Chairman of the Code Enforcement Board for the City of Miami Beach, Florida, does hereby order that the lien imposed on the property located at l40 Washington Avenue, Miami Beach, Florida and the legal description of: Part of Lot 3, Block 53 Ocean Beach Addn. No. 3 Plat Book 2, Page 81 in the amount of Two Thousand Nine Hundred Seventy-Five Dollars ($2,975.00), recorded at Book l2933, Page l272; One Thousand Five Hundred Dollars ($1,500.00), recorded at Book l3448, Page 873, of the Public Records of Dade County, Florida, be released for payment of $1,575.00 ($1500.00 final fine and $75.00 court cost), receipt of which is hereby acknowledged. No additional funds due for release of lien. I IN.. LWI'l'NESS .f2 /~ day of WHEREOF, I have C t"/t:=~-u hereunto set my , 1992. hand this ~ ID MU RAD, CHAIRMAN CODE ENFORCEMENT BOARD 1700 Convention Center Drive Miami Beach, Florida 33139 WITNESSES: -t ~(:1r. A leI=-~iL6 \M an~~-G~ 't- " " k....',~ V II. I~ <.. STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) <~co.nfO IN 01'1 'CIAl ~'COR~'~' Dolt' :J, DAN LOU Tr.I[U"I>,\. HCORn VfH,F,f) Ch~/k of CJr~:Jit & C!J(Dtl' kurti I , ' , "~~ ; ~'.j' .<r,t'....~,;.;.~~~.\o", I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, appeared DAVID MUHLRAD, personally known to me to be the Chairman of the Code Enforcement Board of the CITY OF MIAMI BEACH, a municipal corporation, and that he acknowledged executing the same, freely and voluntarily under authority duly vested in him by said Board and who did not take an oath. WITNESS my han<;- anct official s~li)1 tpe County and State last aforesaid this ~ L./l-f- day of cc.. C~-L/ , 1992. This instrument prepared by: Office of the City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 --?'t~~~ ~:~-) //~ //~- LISKR~ MARTINEZ, NOTARY PUBI:Jtc State of Florida '--1 Commission Number: CC 054115 Code Enforcement Case #86-21 Gwen Tendler RETURN TO: !'/I! , r 11 r). F';"!','J, ;',\. ,:,) "~l./ , .. '" : 1 '~_' t~ Ce, 'II \ ".U.' ,i ,UII,ll 351.:.;4 "\\':;.V';"",, l'~i' ..~~'Io~ USA R. MARTINEZ g,~[ ':~~ I.ff COMMISSION EXPIRES ....:;;;"..,,{'f Novomber 17. 1994 "',,7:..:;."'. AOJlOf:O lH,~U NO! M"( PIJ~L1C UNDERWRITERS