10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Kelly Barket Jr., Acting City Manager
From: Christopher Brimo, AICP laM /
South Miami
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Planning Director T}7
Date: December 18,2012 ITEM N o'---"''--''IOQ,,--_
SUBJECT
A Resolution relating to the review and approval of a Unity of Title request by the South
Miami Community Redevelopment Agency, pursuant to Section 20-5.16 of the Land
Development Code, unifying the Agency owned property assemblage referred to as the
Madison Square redevelopment site, located south of SW 64th Street between SW 60th
Avenue and SW 59th Court, for the purpose of developing a mixed-use affordable housing
project.
BACKGROUND
At the December 4,2012 City Commission meeting, the Commission approved on first reading
the request for the rezoning of the Madison Square property assemblage from Neighborhood
Retail, to Specialty Retail. In conjunction with rezoning request, staff recommended that the
property assemblage also undergo a unity of title approval to ensure a unified development site.
The property assemblage consists of fifteen parcels totaling approximately 1.44 acres. The
attached resolution and backup material identifies the parcels that will be subject to the unity of
title. Once approved by the Commission, the document will need to be recorded with Miami-
Dade County by the Community Redevelopment Agency, with copies of the recorded document
provided to the City Clerk.
RECOMMENDATION
Staff recommends that the Commission approve the attached resolution approving the unity of
title for the properties known as the Madison Square development.
Z:ICommission ltemsl20 12112-18-12IMadison Sq. Unity of TitlclMadison Square Unity of litlc_ CM Rcport.docx
1 RESOLUTION NO. ________ _
2
3 A Resolution relating to the review and approval of a Unity of Title request by the South
4 Miami Community Redevelopment Agency, pursuant to Section 20-5.16 of the Land
5 Development Code, unifying the Agency owned property assemblage referred to as the
6 Madison Square redevelopment site, located south of SW 64th Street between SW 60th
7 Avenue and SW 59th Court, for the purpose of developing a mixed-use affordable housing
8 project.
9 WHEREAS, the South Miami Community Redevelopment Agency (Agency) submitted
10 a request for unity of title on December 4, 2012 for the Agency owned property assemblage
11 referred to as the Madison Square redevelopment site, located south of SW 64th Street between
12 SW 60th Avenue and SW 59th Court; and
13
14 WHEREAS, the Unity of Title request is in conjunction with rezoning request for the
15 purpose of developing a mixed-use affordable project; and
16
17 WHEREAS, the Planning & Zoning Department reviewed the unity of title request and
18 finds it in compliance with the requirements of Section 20-5.16 of the land development code;
19 and
20
21 WHEREAS, the unity of title must be approved by the City Commission and approved
22 by the City Attorney as to fonn and content, and shall then be recorded in the public records of
13 Miami-Dade County prior to the issuance of any building pennits.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1: The City Commission hereby approves the Unity of Title document for the
29 following parcels: P 20-3 AKA LOT 1 LESS E2FT BLK 1 LOT SIZE 5900 SQ FT, OR 21357-1230
30 04033; LOT 2 LESS W2.50FT BLK 1 LOT SIZE 5875 SQ FT COC 25196-0578 1220066, OR 25196-
31 0578 120603; LOT 3 LESS W2.5FT FOR RlW BLK 1 LOT SIZE 5875 SQ FT, OR 25233-1114 12063
32 OR 25233-1114120601; LOT 4 LESS W2.5FTFOR RlW BLK 1 LOT SIZE 5875 SQ FT, COC 25196-
33 0888/0891 12066, OR 25196-0888 120603; E2FT LOT 1 BLK 1 & W35FT LOT 14 BLK 3, LOT SIZE
34 1850 SQ FT, OR21357-1230 04033; P 20-1 AKA LOT 14 LESS W35FT & LESS BEG 35FTE &
35 20FTS OF NW COR OF LOT 14 TH El5.61FT SELY AID 42.44FT W42.93FTN30FTTO POB BLK 3;
36 S1/2 LOT 15 LESS RlW BLK 3, LOT SIZE 2203 SQ FT, OR 14015-210812885, OR 25730-2742 0607
37 3, OR 25730-2742 0607 01; LOT 16 LESS RlW BLK 3, LOT SIZE 4628 SQ FT, OR 14015-2108 1288
38 5, OR 25730-27420620073. OR 25730-2742 0607 01; LOT 17 LESS E27.50FT BLK 3 LOT SIZE
39 4625 SQ FT, COC 25196-0888/0891 12066, OR 25196-0888 120603; P 19-3 AKA W40FT LOT 27
40 BLK 5 LOT SIZE 2000 SQ FT, OR 21357-123004033; LOT 27 LESS W40FT BLK 5 & W15FT OF
41 LOT 40 BLK 7 AKA P 19-2 LOT SIZE 4250 SQ FT, OR 21357-123004033, OR 00000-0000067500;
42 N1/2 OF LOT 28 BLK 5, LOT SIZE 2750 SQ FT, OR 18229-2642 0798 3, OR 25851-38850820073,
43 OR 25851-3885080701; S1I2 OF LOT 28 BLK 5, LOT SIZE 2750 SQ FT, OR 22182-34590220044,
44 OR 25617-46270520073, OR 25617-4627050701; LOT 29 BLK 5, LOT SIZE 5500 SQ FT, OR
+5 25196-078325196-0785 12063, OR 25196-0783 120603; LOT 30 BLK 5, LOT SIZE 5500 SQ FT, OR
1 25196-0783 12063, OR 25196-0783 120603; FRANKLIN SUB PB 5-34, OF THE PUBLIC RECORDS
2 OF MIAMI-DADE COUNTY, FLORIDA.
3 Section 2: The subject Unity of Title document is attached to this resolution and
4 identified as Exhibit "A".
5
6 Section 3: This resolution shall be effective immediately upon adoption.
7
8 PASSED AND ADOPTED this __ , day of ___ , 201.
9
10 ATTEST:
11
12
13
14
15
16
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
17 Conunissioner Newman:
18 Commissioner Harris:
19 Commissioner Welsh:
20 CITY ATTORNEY
EXHIBIT "A"
This instrument was prepared by:
Name:
Address:
(Space reserved for Clerk)
UNITY OF TITLE
WHEREAS, the undersigned is the Owner of that property described as:
P 20-3 AKA LOT 1 LESS E2FT BLK 1, OR 21357-123004033; Franklin Subdivision PB 5-34, of the
Public Records of Miami-Dade County, Florida.
Also known as 5978 SW 64 Street, South Miami; Florida, and
LOT 2 LESS W2.50FT BLK 1, COC 25196-0578 1220066, OR 25196-0578120603; Franklin
Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as 6415 SW 60 Avenue, South Miami, Florida, and
LOT 3 LESS W2.5FT FORRfW BLK I,OR 25233-1114 12063 OR 25233-1114120601; Franklin
Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
LOT 4 LESS W2.5FT FORRfW BLK 1, COC 25196-0888/0891 12066, OR 25196-0888 120603;
Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as 6443 SW 60 Avenue, South Miami, Florida, and
E2FT LOT 1 BLK 1 & W35FT LOT 14 BLK 3, OR 21357-123004033; Franklin Subdivision PB 5-34,
of the Public Records of Miami-Dade County, Florida.
Also known as Folio 09-4025-010-0020, and
P 20-1 AKA LOT 14 LESS W35FT & LESS BEG 35FTE & 20FTS OF NW COR OF LOT 14 TH
El5.61FT SELY AID 42.44FT W42.93FTN30FT TO POB BLK 3; Franklin Subdivision PB 5-34, of the
Public Records of Miami-Dade County, Florida.
Also known as Folio 09-4025-010-0140, and
SI/2 LOT 15 LESS RfW BLK 3, OR 14015-210812885, OR 25730-274206073, OR 25730-27420607
01; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as 6420 SW 59 Place, South Miami, Florida, and .
LOT 16 LESS RfW BLK 3, OR 14015-210812885, OR 25730-27420620073. OR 25730-27420607
01; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as Folio 09~4025-01 0-0170, and
LOT 17 LESS E27.50FT BLK 3, COC 25196-0888/0891 12066, OR 25196-0888 120603; Franklin
Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as 6442 SW 59 Place, South Miami, Florida, and
P 19-3 AKA W40FT LOT 27 BLK 5, OR 21357-123004033; Franklin Subdivision PB 5-34, ofthe
Public Records of Miami-Dade County, Florida.
'Also known as 6401 SW 59 Place, South Miami, Florida, and
LOT 27 LESS W40FT BLK 5 & W15FT OF LOT 40 BLK 7 AKA P 19-2, OR 21357-123004033, OR
00000-0000067500; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County,
Florida.
Also known as 5944 SW 64 Street, South Miami, Florida, and
N1I2 OF LOT 28 BLK 5, OR 18229-2642 0798 3,OR 25851-38850820073, OR 25851-3885080701;
Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as 6411 SW 59 Place, South Miami, Florida, and
S1/2 OF LOT 28 BLK 5, OR 22182-34590220044, OR 25617-4627 05 2007 3, OR 25617-46270507
01; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida.
Also known as 6415 SW 59 Place, South Miami, Florida, and
LOT 29 BLK 5, OR 25196-078325196-0785 12063, OR 25196-0783 120603; Franklin Subdivision PB
5-34, of the Public Records of Miami-Dade County, Florida.
Also known as Folio 09-4025-010-0310, and
LOT 30 BLK 5, OR 25196-0783 12063, OR 25196-0783 120603; Franklin Subdivision PB 5-34, of the
Public Records of Miami-Dade County, Florida.
Also known as 6443 SW 59 Place, South Miami, Florida.
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 _____________________ -,:-_____ and for
other good and valuable consideration, Owner hereby agrees to restrict the use of the subject property in
the following manner:
That said property shall be considered as one plot and parcel of land and that 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 ofland.
Owner further agrees that this condition, restriction and limitation shall be deemed a covenant running
with the land and may 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 assigns and upon all mortgagees or lessees until such time as the same may
be released, if the proposed mixed-use development is not constructed, and following request from the
Community Redevelopment Agency in writing, and upon approval by Resolution passed and adopted by
the City Commission, after a public hearing, and executed by the City Attorney and the City Clerk.
Presumption of Compliance. Where construction has occurred on the Property or any portion thereof,
pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by
the City, then such construction, inspection and approval shall create a rebuttable presumption that the
buildings or structures thus constructed comply with the intent and spirit of this Unity of Title.
Severability. Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the
other provisions which shall remain in full force and effect.
Signed, witnessed, executed and acknowledged on this __ day of ________ , 2012.
WITNESSES: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
By ________________ _ By ________________ __
Print Name Print Name
By ________________ _
Print Name
STATEOF ______ )
) SS:
COUNTY OF ____ )
The foregoing instrument was acknowledged before me this day of ----
________ , 2012, by ______________ . He is personally known to
me or produced ______________ as identification.
Sign Name: ____________ _
Print Name:
My Commission Expires:
NOT ARY PUBLIC
MADISON SQUARE UNITY OF TITLE PROPERTY ASSEMBLAGE
:.,.. .. il
..
Madison Square Properties
Z:\Commission Jtems\2012\1 2-1 8-1 2\Madison Sq. Unity ofTitle\Madison Square Property Assemblagc_graphic.docx
Folio Legal Address Owner
1 09-4025-010-0010 FRANKLIN SUB PB S-34 5978SW 64ST SMCRA/Madison Sq.
P 20·3 AKA lOT 1 lESS E2FT BlK 1 LOT SIZE 5900 SQUARE
FEET
OR 21357-123004033
2 09-4025-010-0030 FRANKLIN SUB PB 5-34 6415 SW 60 AVE SMCRA/Madison Sq.
LOT 2 lESS W2.50FT BlK 1 LOT SIZE 5875 SQ FT coe
25196-05781220066
OR 25196-0578 1206 03
3 09-4025-010-0040 FRANKLIN SUB PB 5-34 6429 SW 60 AVE SMCRA/Madison Sq.
lOT 3 LESS W2.5FT FOR R/W BLK 1 LOT SIZE 5875 SQ FT
OR 25233-11141206 3
OR 25233-1114120601
4 09-4025-010-0050 FRANKLIN SUB PB 5-34 6443 SW 60 AVE SMCRA/Madison Sq.
LOT 4 LESS W2.5FT FOR R/W BLK 1 LOT SIZE 5875 SQ FT
COC 25196-0888/08911206 6
OR 25196-0888 1206 03
5 09-4025-010-0020 FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq.
E2FT LOT 1 BLK 1 & W35FT LOT 14 BLK 3
LOT SIZE 1850 SQUARE FEET
OR 21357-123004033
6 09-4025-010-0140 FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq.
P 20-1 AKA LOT 14 lESS W35FT
& LESS BEG 35FTE & 20FTS OF NW COR OF LOT 14 TH
E15.61FT SELY A/D 42.44FT W42.93FT N30FT TO POB BLK
3
7 09-4025-010-0160 FRANKLIN SUB PB 5-34 6420SW 59 Pl SMCRA/Madison Sq.
Sl/2 LOT 15 lESS R/W BlK 3
LOT SIZE 2203 SQ FT
OR 14015-2108 1288 5
OR 25730·2742 0607 3
OR 25730-2742 0607 01
8 09-4025-010-0170 FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq.
lOT 16 lES5 R/W BLK 3
LOT SIZE 4628 SQ FT
OR 14015-2108 1288 5
OR 25730-2742 06 2007 3
OR 25730-2742 0607 01
9 09-4025-01()"0180 FRANKLIN SUB PB 5-34 6442 SW 59 PL SMCRA/Madison Sq.
LOT 17 lE5S E27.50FT BlK 3 LOT SIZE 4625 SQ FT
COC 25196-0888/08911206 6
OR 25196-0888 1206 03
10 09-4025-010-0280 FRANKLIN SUB PB 5-34 6401 SW 59 PL SMCRA/Madison Sq.
P 19-3 AKA W40FT lOT 27 BLK 5 LOT SIZE 2000 SQUARE
FEET
OR 21357-1230 0403 3
11 09-4025-010-0270 FRANKLIN SUB PB 5-34 5944SW 64ST SMCRA/Madison Sq.
LOT 27 lESS W40FT BlK 5 & W15FT OF LOT 40 BLK 7 AKA P
19-2 LOT SIZE 4250 SQUARE FEET
OR 21357-1230 0403 3
OR 00000-0000 0675 00
12 09-4025-010-0290 FRANKLIN SUB PB 5-34 6411 SW 59 PL SMCRA/Madison Sq.
N1/2 OF LOT 28 BlK 5
LOT SIZE 2750 SQUARE FEET OR 18229-2642 07983
OR 25851-3885 08 2007 3
OR 25851-3885 0807 01
13 09-4025-010-0300 FRANKLIN SUB PB 5-34 6415 SW 59 PL SMCRA/Madison Sq.
Sl/2 OF LOT 28 BLK 5
LOT SIZE 2750 SQ FT
OR 22182-3459 02 2004 4
OR 25617-4627 0520073
OR 25617-4627 0507 01
14 09-4025-010-0310 FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq.
LOT 29 BLK 5
LOT SIZE 5500 SQ FT
OR 25196-0783 25196-0785 12063
OR 25196-0783120603
15 09-4025-010-0320 FRANKLIN SUB PB 5-34 6443 SW 59 PL SMCRA/Madison Sq.
LOT 30 BLK 5 LOT SIZE 5500 SQUARE FEET
OR 25196-0783 12063
OR 25196-0783 120603