Res No 260-13-14078RESOLUTION NO. 260-13-14078
A Resolution relating to the review and approval of a Unity of Title request
by Sunset 58, LLC, pursuant to Section 20 -5.16 and 20 -7.30 of the City of
South Miami Land Development Code, unifying property located at 5855
Sunset Drive and 5837 Sunset Drive.
WHEREAS, Sunset 58, LLC submitted a request for unity of title for properties located
at 5855 Sunset Drive and 5837 Sunset Drive; and
WHEREAS, the Unity of Title request is in conjunction with a proposed redevelopment
project; and
WHEREAS, the Planning & Zoning Department reviewed the unity of title request and
finds it in compliance with the requirements of Section 20 -5.16 and 20 -7.30 of the land
development code; and
WHEREAS, the unity of title must be approved by the City Commission and approved
by the City Attorney as to form and content, and shall then be recorded in the public records of
Miami -Dade County prior to the issuance of any building permits.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Commission hereby approves the Unity of Title document for:
Lots 4, 5, 6, 8 and 9, and the West 2 feet of Lot 7, of H.D. COOPER'S SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 4, Page 152, of the Public Records of
Miami -Dade County, Florida, less the South 4.18 feet thereof, hereinafter referred to as the
"Property." Said Property currently has two Folio Numbers, to wit: 09- 4025- 030 -0040, with a
street address of 5855 Sunset Drive, South Miami, Florida (which includes Lot 4) and 09 -4025-
030 -0050, with a street address of 5837 Sunset Drive, South Miami, Florida (which includes
Lots 5, 6, 8, 9 and a portion of Lot 7).
Section 2: The survey of the subject Unity of Title document is attached to this resolution
and identified as Exhibit "A ". as amended to include Sec. 20 -5.16.
Section 3: This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 3rd, day of December, 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
Pg. 2 of Res. No. 260 -13 -14078
READ AND APPROVED AS TO FORM,
LANGUAGE GALITY AND
EXECUTION TIAEREOF /"'-i
ATTORNEY
COMMISSION VOTE::
4 -1
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Nay
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
South Miami
All - America City
CITY OF SOUTH MIAMI r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Members of the City Commission
Via: Steven Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director
Date: November 21, 2013
Subject:
ITEM No. 14
A Resolution relating to the review and approval of a Unity of Title request by
Sunset 58, LLC, pursuant to Section 20 -5.16 and 20 -7.30 of the City of South Miami
Land Development Code, unifying property located at 5855 Sunset Drive and 5837
Sunset Drive.
BACKGROUND
The owners of the property located at 5855 and 5837 Sunset Drive submitted a unity of title
request in conjunction with a proposed redevelopment at this location. The site consists of two
separate folio numbers, and pursuant to Section 20 -7.3 of the Hometown District Overlay, if the
development project is to be built on two or more abutting platted lots, then unity of title is
required. This redevelopment will consist of closing the private alley between the buildings,
which consists of two separate abutting lots.
Additionally, Section 2075.17(C) of the City's land development code requires that the City
Commission approve unity of title. The Planning & Zoning Department and the City Attorney
have reviewed the attached document as to form and content. Approval of the unity of title does
not imply approval of the development project. Any proposed development . on this site shall
comply with the requirements of the City's land development code.
RECOMMENDATION
Staff recommends that the Commission approve the attached resolution approving the unity of
title for the property located at 5855 and 5837 Sunset Drive.
ZACommission Items \2013 \12- 03- 13\Sunset 58 LLC Unity oCl ide\Sunset 58 LLC Unity ofTide_CM Report.docx
This instrument was prepared by:
Name: Ross Rosenberg, Esq,
Ross Rosenberg Law, P.A.
Address: 9100 S. Dadeland Blvd. #1500
Miami, Florida 33156
11111111111111111111111
HARVEY Wt, IH1 UERK OF COURT
MIAi'fl..;%t DE.' €:i tJKYT FL t1E 1DA
Folio No.: 09 -4025- 030 -0040 & 09 -4025- 030 -0050 (Space reserved for;Clerk)
UNITY OF TITLE
WHEREAS, the undersigned is the Owner of that property described as
Lots 4, 5, 6, 8 and 9, and the West 2 feet of Lot 7, of H.D. COOPER'S
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page
152, of the Public Records of Miami -:Dade County, Florida, less the South 4.18
feet thereof,
hereinafter referred to as the. "Property."
Said Property currently has two Folio Numbers, to wit: 09- 4025 -030. 0040, with a street address
of 5855 Sunset Drive, South Miami, Florida (which includes Lot 4) and
09 -4025- 030 -0050, with a street address of 5837 Sunset Drive, South Miami, Florida (which
includes Lots 5, 6, 8, 9 and a portion of Lot 7).
Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the
herein- described Property should not be divided into separate parcels owned by several owners so
long as the same is put to the hereinafter use, and
In consideration of approval of a building permit by the City of South Miami for construction of a-
building on a portion of the Property, approximately 9.80' from north to south and approximately 60'
from east to west, which portion of the Property is currently an alleyway lying upon both parcels, and
for other good and valuable consideration, Owner hereby agrees to restrict the use of the Property in
the following manner:
That said Property shall be considered as one plot and parcel of land and no
portion of said plot and parcel of land shall be sold, transferred, devised or
assigned separately except in.its entirety as one plot or parcel of land. In addition, the
lots and /or parcels of land shall, not be conveyed; mortgaged and /or leased separate
and apart from each other and they shall be held together as one tract.
Owner further agrees that this condition, restriction and limitation shall be recorded, at Owner's
expense, in the Public Records of Miami -Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner, their heirs, successors, personal representatives and
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assigns and upon all mortgagees or lessees until such time as the sarne may be released eased upon
approval by Resolution passed and adopted by the City Commission, after _a public hearing, and
executed by the City Manager and the City Clerk.
This condition; restriction and limitation shall be deemed a covenant running with the land and shall
remain in 'full force and effect and be binding upon the undersigned, its Successors and Assigns until
such time as the same may be released.
The [Jnity of Title shall not be released except upon approval by resolution passed and adopted by the
commission, after a public hearing, and executed by the city manager and the city clerk. The release of
the Unity of Title is contingent upon a cessation of the conditions and/or criteria which originally
required the execution of the Unity of Title.
Signed, witnessed, executed and acknowledged this day of
,Witnesses: Owner: SUNSET 58, LLC,
a Florida limited liability cQmPany
By:
Steve4:.,flalegua, as Member Manager
P iit Name: OV(10 600 Red Road, Suite 124
ri 7
South Miami, Florida 33143
(Print Name•) On /Z -f, 6
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State of
Florida and County aforesaid, to administer oaths and take acknowledgments, personally
appeared Steven Halegua, as member manager for Sunset 58, LLC, a Florida limited liability
who, after being duly sworn, acknowledged before me the execution of the foregoing
instrument for the purposes therein expressed, and who produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid, this day of
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of i�l-
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My commission DD999M, t"OT PUBLIC, STATE OF FLORIE
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Folio No.: 09-4025-030-0040 & 09-4025-030-0050
SUBDIVISION NAME: "COOPER'S SUBDIVISION" LEGEND
LOCATION MAP P.L.S. 11GAC19111 LAND SUfi SUE i
STARE......_ ............. N.T.S. P.H.M. 10FINANENI REFERENCE UORAl
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PROPERTY ADDRESS 5833 to 5855 SW. 72nd Street (Sunset Drive), South Miami, Florida, 33143. DELI^
L LENGTH
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/ RECAn N\µ�NDI \ I W IEAI SOON 1, Al PAR 152, C Ilk PURKS RECORDS W IPNR -DACE COUNTY, 1LONTA, LESS 111E SOUTH 1.18 F[EI NERCOF.
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/ AN A\ I SURVEYOR'S NOTES:
/ ,Dy ASPHAT ME SNONN LECAI OE5O91PIION USED 11 REP1Otl1 DUI BOUNDARY SURVEY WAS 11`ICE1 DY ME ORNSVA WORD NINA 11012, PACE 1111,
-� ASPHALT OF THE PUSUC RECORDS OF LNWD -DAR COUNTY, nauDA.
PAVEMENT ASPHALT RAVEN i CONE. PAVEMENT 1. 91RHY TOES x01 REFLECT OR OCICTIN K OW "P.
C. LAND AREA C SOD ECT PROPERTY: 20.64115 SO. f i.
/ TONG.^ THE CLOSARE IN INS BOUNDARY SURVEY IS AOOIE I: ICON.
P.UMP IF MI5 DISCLAIM IN RING READ IN PAPER FOCVAL II IS NOT VALID UMFSS S1A[O WIN AN ENUCIRO RArEYEWS DEAL If ME ROCIATENT
/ 42.1' C _ IS IN ELECTRONIC FCRNAT, ACCORDUR 10 ISTAPIER IJ -1)062 SECIICN 3!T IS NOT Al UNLESS CLCCifiWiGLLY SUED. MC RNAI HARD
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/ 5 PARIEINO r 5 ASPHALT PARKING I <MY OR ME OOWNFNI OUST HAVE iN1 G1NSU1 SUABRE All SORBET RA W IIIC IUMYOII.
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(J iBQ TIC LIABILITY Of 1115 UNUNDARI SIIR1£Y RS LMDET 10 ARE COST OF Tilt SURVEY.
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25.1' A�C t 72nd 51REE1 (WNRF COME), AS WEFT 0 SECINrI 75 -54 -10 U RISE EUBLIC RECORD T NFAA -DARE COUNIY FIOtl11A
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&' { UWRNCRWNO IMENEKMLNTS C ANY NATURE.
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OAIF ,RAY, 199° 9.00' *+ MIS DIUWNNG IS ONE PROPERTY OF ALNERTOLOREPEMLLWIES.
1B9' 25.0' 10.4' 96 NOT VAn PRIOR TIC MATURE AT TAKINAL BASIC Elk U A ACROUA LICENSED 9JRIEYDR AND NAPPER, ADDECTS OR OCLCBOIS ID
RAN _ — SUNNI MAPS BY OINDI MAN MC SNMNG PARIY ARE REDACTED RA RQ,A THE UNION CONSENT C IRK SE7MNG PARIY. i
25.00' y„ _i5.9' 9DEWAIX _ Tr , }Y. r.d.. J...L• —1 F ISRhY FOLIO No 09-4025 030 0040 T U CERTIFY AT ,. _,... a u visa TNUU '.
SURVEYORS CERTIFICATE. ,
19187 ^N' SOUIH UNE OF LOIS 4 S 6 8, 9 19.18' IIfY RNf ITS ATTACKED SNITCH W OWHDRRY YTS'
q1 CONE wS POLIO No 09 4025 030 005 ; F AacFnlc�u AT w s I:UE
AND WEST Y W LOT 7 I AND CONRCI U S MADE UNDER LAY ORCi WPERW9ON IARp T ME, :7 �A
1 CURD k GUi7ER 1ECN CA 5 DARDS $11 FORM BY THE 1LGPOA WuRO lB.40 4W R l �: 1� K-
- —&— — — — j CERTIFY TO: ; PURSUANT 10 NULE 5J -17 01 il11LWSA wwmLnA- pALODE
0 ; NO7ro542 -E 1 i2O1 M hOPO 5 165 M.!',� ILIOO wiER
S SUNSET 58 IT' ,- $ ;7
S.W. 72 STREET (SUNSET DRIVE) a�y*T �p'�(k TT ;Y
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D rt P9Mnws �. "; PLS No.3087 STATE OF FLORIDA ,
UP OAR Pill C 10700 SW, 66 TERRACE M-1. FL 11171
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