Accept right-of-way deed from De Cespedes and Erdmann property

DATE: March 6, 2023 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Resolution Accepting Dedication of Right-of-Way Portion of 9675 SW 69 Avenue PETITION REQUEST Mr. Carlos De Cespedes and Ms. Carolina Erdmann are requesting approval of a Resolution accepting the dedication of the western 25 feet of their property located at 9675 SW 69 Avenue for public road right-of-way. SITE LOCATION The subject property is located at 9675 SW 69 Avenue, Pinecrest, Florida 33156 within the EU-1, Residential Estate zoning district. Subject Property Page 2 of 2 EXSTING CONDITIONS A building permit for construction of a single-family residence on the subject property has been issued. Although the applicant previously recorded a right-of way deed, dedicating the west 25 feet of the subject property on the east side of SW 69 Avenue to the Village of Pinecrest, allowing for a standard right-of-way width of 50 feet, a Resolution approving the dedication was not approved by the Village Council and the deed was not signed by both property owners prior to recording. Approval of a Resolution accepting the right-of-way by the Village Council required. RECOMMENDATION Staff recommends approval of the Resolution accepting dedication of the right-of-way as identified in the attached Exhibit “A”, subject to the following condition of approval: 1. Review and approval of the Right-of-Way Deed, Opinion of Title, and Joinder and Consent of Mortgagee by the Village Attorney; and execution and recording of the right- of-way deed prior to issuance of a temporary or permanent certificate of occupancy. 1 RESOLUTION NO. 2023- ________ A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA APPROVING AND ACCEPTING A RIGHT-OF-WAY DEED FROM MR. CARLOS DE CESPEDES AND MS. CAROLINA ERDMANN FOR A PORTION OF 9675 SW 69 AVENUE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Carlos De Cespedes and Ms. Carolina Erdmann as the owners of the property located at 9675 SW 69 Avenue, have agreed to convey to the Village of Pinecrest (the “Village”) a Right-of-Way Deed for the purposes of a public right-of-way and all purposes incidental thereto in the form attached hereto as Exhibit “A” (the “Deed”); and WHEREAS, the Village Council wishes to accept the conveyance of the Deed and authorize the Village Manager to expend funds and take all action necessary to accomplish the acquisition of the public right-of-way described in the Deed, including the recording of the Deed and the payment of the pro-rated amount of real property taxes for 2023, if any, on the subject right-of-way; and WHEREAS, the Village Council finds that acceptance of the Deed is in the best interests of the Village.

NOW, THEREFORE,

BE IT RESOLVED BY THE VILLAGE COUNCIL OF PINECREST FLORIDA AS FOLLOWS: Section 1. That the Village Council hereby approves and accepts the Deed in substantially the form attached hereto as Exhibit “A,” subject to approval by the Village Attorney as to form, content, and legal sufficiency. The Village shall record the Deed in the Official Records of Miami-Dade County, Florida. Section 2. That the Village Council hereby authorizes the Village Manager to expend funds and take any and all action necessary to effectuate and implement the acquisition and acceptance of the Deed, record the Deed in the Official Records of Miami- Dade County, Florida, and pay the pro-rated amount of real property taxes for 2023, if any, on the subject right-of-way. Section 3. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of MARCH 2023. 2 Joseph M. Corradino, Mayor Attest: Priscilla Torres, CMC Village Clerk Approved as to Form and Legal Sufficiency: Mitchell Bierman Village Attorney Motion by: Second by: Vote: 3 EXHIBIT “A” 1 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Chad Friedman, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2800 Ponce de Leon Blvd., Suite 1200 Coral Gables, Florida 33134 Folio Number(s): 20-5002-000-1182 (portion of) RIGHT-OF-WAY-DEED THIS INDENTURE is made this ___ day of __________, 2023, between Carlos M. De Cespedes and Carolina Erdmann, husband and wife, whose mailing address is 6080 S.W. 79 Street, Miami, Florida 33143, hereinafter referred to as the Grantor, and the Village of Pinecrest, a Florida municipal corporation, whose mailing address is 12645 Pinecrest Parkway Pinecrest, Florida 33156, hereinafter referred to as the Grantee. WITNESSETH that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to the Grantee, its heirs, successors and/or assigns in interest, for the purpose of a public highway and/or road and purposes incidental thereto, all right, title, interest, claim or demand of the Grantor, in and to the following described land, situated, lying and being in the County of Miami-Dade and State of Florida, to-wit: See Exhibit “A” attached hereto and made a part hereof for Right-of-Way Parcel for 9675 S.W. 69 Avenue, Pinecrest, Florida 33156 (the “Property”). And the Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. It is the intention of the Grantor hereto by this instrument to convey to the Grantee, and its heirs, successors and/or assigns in interest, the Property herein described for use as a public right-of-way and for purposes incidental thereto. TO HAVE AND TO HOLD the Property in fee simple forever. IN WITNESS WHEREOF, the Grantor has caused this Right-of-Way Deed to be executed as of the day and year first written above. WITNESSESS: GRANTOR: SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Print Name Print Name _______________________________________ Carlos M. De Cespedes ________________________________________ Carolina Erdmann "EXHIBIT "A" 2 STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me, by means of ____ physical presence or ___ online notarization, on this _____ day of March 2023, by Carlos M. De Cespedes and Carolina Erdmann, husband and wife, who are [ ] personally known to me or who have [ ] produced ________________________________________________________ as identification. [SEAL] Notary Public, State of Florida Print Name of Notary Commission No. Commission Expires: ___________________ 3 EXHIBIT “A” Legal Description and Sketch of Right-of-Way Parcel for 9675 S.W. 69th Avenue, Pinecrest, Florida 33156 JOINDER AND CONSENT BY MORTGAGEE City National Bank of Florida, its successors and/or assigns (the “Mortgagee”) being the owner and holder of that certain Mortgage, Assignment of Rents and Security Agreement, executed by Carlos M. De Cespedes and Carolina Erdmann, husband and wife, in favor of Mortgagee, dated May 5, 2022, and recorded May 20, 2022, in Official Records Book 33198, at Page 2862, of the Public Records of Miami- Dade County, Florida (the “Mortgage”), covering all/or a portion of the property described in the foregoing Mortgage, does hereby join in and consent and acknowledge that the terms of the Right of Way Deed are and shall be binding upon the undersigned and its successors in title. The sole purpose of the Mortgagee joining in and consenting to the execution of this Right of Way Deed is to subject any interests of the Mortgagee in the Property to the provisions of the Right of Way Deed and for no other purpose. IN WITNESS WHEREOF, the Mortgagee has this Joinder and Consent as of the ______ day of March 2023. WITNESSES: MORTGAGEE: _________________________________________ Signature _________________________________________ Print Name CITY NATIONAL BANK OF FLORIDA By: ____________________________________ Name:__________________________________ Title:___________________________________ _________________________________________ Signature _________________________________________ Print Name STATE OF __________________ ) ) COUNTY OF _______________ ) The foregoing instrument was acknowledged before me, by means of [ ] physical presence or [ ] online notarization, this ____ day of March 2023, by ________________________, as ____________________ of City National Bank of Florida, on behalf of the Corporation, who are personally known to me or have produced ______________________, as identification. [SEAL] NOTARY PUBLIC, State of ________________ Print Name: Commission No.: Commission Expires: OPINION OF TITLE TO: Village of Pinecrest With the understanding that this Opinion of Title is furnished to the Village of Pinecrest, as inducement for acceptance of a Right of Way Deed, covering the real property, or other land use approval hereinafter described, it is hereby certified that I have examined an Owner’s Policy of Title Insurance issued by Old Republic National Title Insurance Company Number 0F6-8728521 dated October 15, 2019 @ 10:59 a.m. covering the period from the beginning to the 10th day of February, 2016, at the hour of 8:00 a.m., and Title Search Update Number 7223-6364754, dated June 21, 1972 through an effective date of February 9, 2023 @ 8:00 a.m., inclusive, of the following described property: SEE EXHIBIT “A” ATTACHED HERETO I am of the opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: Carlos M. De Cespedes and Carolina Erdmann, husband and wife by Warranty Deed, dated October 8, 2019 and recorded October 15, 2019 in Official Records Book 31647, Page 2062, of the Public Records of Miami-Dade County, Florida. Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: a. Mortgage, Assignment of Rents and Security Agreement from Carlos M. De Cespedes a/k/a Carlos de Cespedes and Carolina Erdmann, husband and wife, to City National Bank of Florida, dated May 5, 2022, and recorded May 20, 2022, in Official Records Book 33198, Page 2862, of the Public Records of Miami-Dade County, Florida. UCC-1 Financial Statement recorded in Official Records Book 33198, at Page 2893, of the Public Records of Miami-Dade County. b. Notice of Commencement recorded in Official Records Book 33447, at Page 1501, of the Public Records of Miami-Dade County, Florida. 1. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: NONE Opinion of Title Page 2 2. GENERAL/SPECIAL EXCEPTIONS: a. Taxes for the year 2023 and subsequent years, which are not yet due and payable. b. Right of claims of parties in possession not recorded in the Public Records. c. Any encroachment, encumbrance, violation, variation or adverse circumstances that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. d. Easements or claims of easements not recorded in the Public Records. e. Any liens, or right to a lien, for services, labor or material furnished, imposed by law and not recorded in the Public Records. f. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. g. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village, or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. h. Survey prepared by John Ibarra & Associates, Inc., dated September 21, 2019, under Job No. 19-004648 reflects the following: i. West side of the subject property, asphalt returns are encroaching into the right of way SW 69th Avenue. i. Right of Way Deed to Village of Pinecrest recorded in Official Records Book 33175. j. Covenant for Maintenance of Landscaping and Grass recorded in Officials Records Book 33320, at Page 4250. k. Covenant of Construction recorded in Official Records Book 33320, at Page 4252. NOTE: All of the recording information contained herein refers to the Public Records of Miami- Dade County, Florida, unless otherwise indicated. Opinion of Title Page 3 I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions and that none of the encumbrances and/or exceptions listed above will restrict the use of the property for the purposes set forth in the Right of Way Deed or other land use approval, as applicable. Therefore, it is my opinion that the following party(ies) must join in the proffered document in order to make it valid and binding on the lands described herein: Name Interest Owner Carlos M. De Cespedes And Carolina Erdmann fee Encumbrance Mortgagee lien I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable document. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this ________ day of March 2023. _________________________________ Maria Currais Florida Bar No. ____________________ Weiss Serota Helfman Cole & Bierman, P.L. 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, Florida 33134 STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me, by means of [ ] physical presence or [ ] online notarization, this ______ day of March 2023, by Maria Currais, who is [ ] personally known to me or [ ] has produced ______________________________, as identification. _________________________________ Notary Public _________________________________ My Commission Expires: Print Name Opinion of Title Page 4 EXHIBIT “A” LEGAL DESCRIPTION: The South 172.71 feet of the North 345.42 feet of the West ½ of the NW ¼ of the NE ¼ of the SE 1/4, LESS the East 82.5 feet thereof, in Section 2, Township 55 South, Range 40 East, lying and being in Miami-Dade County, Florida.