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<br />" " <br /> <br />OPINION OF TITLE <br /> <br />TO: CITY OF SUNNY ISLES BEACH, FLORIDA <br /> <br />With the understanding that this Opinion of Title is furnished to the City of Sunny Isles Beach, Florida, as <br />an inducement for its acceptance of a Declaration of Restrictive Covenants and an Easement Agreement <br />(collectively, the "Instruments"), covering the following property: <br /> <br />The North 350 feet of Tract "P" of AMENDED PLAT OF NORTH BISCAYNE BEACH, <br />recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade County, Florida. <br /> <br />- and - <br /> <br />The South 100 feet of the South 200 feet of Tract "0", measured at right angles to the South <br />Boundary of said Tract "0" of the AMENDED PLAT OF NORTH BISCAYNE BEACH, <br />recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade County, Florida. <br /> <br />it is hereby certified that we have examined First American Title Insurance Company's Owners Policy No. FA-35- <br />046577 having an effective date of July 16, 1997, and update from First American Title Insurance Company <br />covering the period from July 16, 1997 through July 27, 1998 at 6:00 a.m., which title infonnation collectively <br />covers the period from the BEGINNING to July 27, 1998 at 6:00 a.m., inclusive. <br /> <br />Basing our opinion solely on the above-referenced title policy and update, we are of the opinion that on <br />the last mentioned date, the fee simple title to the above-described real property was vested in: <br /> <br />DP COLONIAL L.L.C., a Florida limited liability company <br /> <br />Subject to the following encumbrances, liens and other exceptions: <br /> <br />A RECORDED MORTGAGES: <br /> <br />1. Mortgage in favor of Colonial Bank, a Florida banking corporation, recorded in Official Records <br />Book 17673, Page 2486 of the Public Records of Miami-Dade County, Florida. <br /> <br />B. GENERAL EXCEPTIONS: <br /> <br />1. Taxes or assessments now or hereafter due. <br /> <br />2. Rights of persons other than the above owners who are in possession or with a right to <br />possession. <br /> <br />3. Encroachments, overlays, boundary line disputes, or other matters which would be disclosed by <br />an accurate survey or inspection of the premises. <br /> <br />4. Any unrecorded laborer's, mechanics', materialmen's, or municipal liens. <br /> <br />5. Any lien provided by Chapter 159, Florida Statutes, or provided by Metropolitan Dade County <br />Ordinance No. 84-10 in favor of any city, town, village, port authority, etc., for unpaid service <br />charges for services by any water systems, sewer systems, or gas systems serving the land <br />described herein. <br /> <br />6. Zoning and other restrictions imposed by governmental authority. <br /> <br />7. Easements, or claims of easements, not shown on the public records. <br /> <br />8. Any adverse claim to any portion of said land which has been created by artificial means or has <br />accreted to any such portion so created and riparian rights, if any. <br />