14South Miami
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
mr
To: The Honorable Mayor and Members of the City Commission
Via: Steven Alexander, City Man~aer
From: Christopher Brimo, AlCP iff
Planning Director
Date: November 21, 2013
Subject:
ITEM N o.----'I'"-----Jf...._..._-
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
200"1
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 20-5.17(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.
Z:\COllllllission ltellls\201 3\1 2-03-1 3\SlInset 58 LLC Unity ofTitle\SlInset 58 LLC Unity ofTitlc_CM Rcport.c!ocx
1 RESOLUTION NO. _________ _
2
3 A Resolution relating to the review and approval of a Unity of Title request
4 by Sunset 58, LLC, pursuant to Section 20-5.16 and 20-7.30 of the City of
5 South Miami Land Development Code, unifying property located at 5855
6 Sunset Drive and 5837 Sunset Drive.
7 WHEREAS, Sunset 58, LLC submitted a request for unity of title for properties located
8 at 5855 Sunset Drive and 5837 Sunset Drive; and
9
10 WHEREAS, the Unity of Title request is in conjunction with a proposed redevelopment
11 project; and
12
13 WHEREAS, the Planning & Zoning Department reviewed the unity of title request and
14 finds it in compliance with the requirements of Section 20-5.16 and 20-7.30 of the land
15 development code; and
16
17 WHEREAS, the unity of title must be approved by the City Commission and approved
18 by the City Attorney as to form and content, and shall then be recorded in the public records of
19 Miami-Dade County prior to the issuance of any building permits.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
24 Section 1: The City Commission hereby approves the Unity of Title document for:
25
26 Lots 4, 5, 6, 8 and 9, and the West 2 feet of Lot 7, of B.D. COOPER'S SUBDIVISION,
27 according to the Plat thereof, as recorded in Plat Book 4, Page 152, of the Public Records of
28 Miami-Dade County, Florida, less the South 4.l8 feet thereof, hereinafter referred to as the
29 "Property." Said Property currently has two Folio Numbers, to wit: 09-4025-030-0040, with a
30 street address of 5855 Sunset Drive, South Miami, Florida (which includes Lot 4) and 09-4025-
31 030-0050, with a street address of 5837 Sunset Drive, South Miami, Florida (which includes
32 Lots 5, 6, 8, 9 and a portion of Lot 7).
33
34 Section 2: The survey of the subject Unity of Title document is attached to this resolution
35 and identified as Exhibit "A".
36
37 Section 3: This resolution shall be effective immediately upon adoption.
38
39
40
41
42
PASSED AND ADOPTED this __ , day of ___ , 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
1 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
2 LANGUAGE, LEGALITY AND Mayor Stoddard:
3 EXECUTION THEREOF Vice Mayor Liebman:
4 Commissioner Newman:
5 Commissioner Harris:
6 Commissioner Welsh:
7 CITY ATTORNEY
This instrument was prrepared by:
Name: Ross Rosenberg, Esq.
Ross Rosenberg Law, P.A.
Address: 9100 S. Dadeland Blvd. #1500
Miamn, Florida 33156
Folio No.: 09-4025-030-0040 & 09-4025-030-0050
UNITY OF TITLE
(Space reserved for Clerk)
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 B.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 a.ddress 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
55' 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 andlor leased
separate and apart from each other and they shall be held together as one tract.
Owner further agrees that this co.ndition, 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
assigns and upon all mortgagees or lessees until such time as the same may be released 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 fuJI force and effect and be binding upon the undersigned, its successors and assigns until
such time as the same may be released.
Flllther provided, however, that a release will be executed when the reason for the Unity of Title
ceases to exist or is removed from the premises, upon a cessation of the conditions and/or criteria
which originally required the execution of the subject. Unity of Title and when the Property is made
to conform to applicable zoning regulations, or any structure constl1lcted thereon is removed fi'om
the Property and there is no fLllther reason to maintain the Unity of Title on the public records.
Signed, witnessed, executed and acknowledged this 4 day of fV~J· ,2013.
~prinl Name:) ~.c:::>"'S. \...$.. U \.A00
STA IE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner: SUNSET 58, LLC,
a Florida limited liability company
By: ~--~~-7~~~~--------------Steven Hale ua, as Member Manager
7600 Red Road, Suite 124
South Miami, Florida 33143
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
company, who, after being duly sworn, acknowledged before me the execution of the
foregoing instrument tor the purposes therein expressed, and who produced
_____________ -________ as identification.
WITI-JESS my hand and official seal in the County and State last aforesaid, thisd~ ~ day
of L\L\[e,M'ot,[-,2013.
I ~~,~ Slateo! Florida
~ Ibt 1> Liliana Anon ~~; '" ~ My Commission DD999692
1't .o."fi! ExplrtlS 08/1212014 on·
~~~~~~~~
Folio No.: 09-4025-030-0040 & 09-4025-030-0050
SKETCH OF BOUNDARY SURVEY
SCALE. ........................ . .................................................... 1"=20'
GRAPHIC SCALE
o 10 L'
20 10 40
1 __ 3d
1 inch = 20 ft.
PROPERTY ADDRESS: 5833 to 5855 SW. 72nd Street (Sunset Drive), South Miami, Florida, 33143.
LOT 3
COOPER'S SUBDIVISION
ADJANCENT
BUILDING
ADJANCENT
BUILDING
MAINTENANCE R/W LINE
FOOT MAP SEC. 87055-2507
DATE JULY, 1990
CONC.
42.1'
LOTS 17, 21, 22. 23 AND 24
COOPER'S SUBDIVISION
ASPHALT PA VEM NT
@
5 PARKING @
SPACES @
11.0'
@
0 z
8
24. '
\ ~~N PA NG
CONC.
25.0'
~ "l
ASPHALT
PAVEMENT -~
~
8S CONe
DUMP
'" ,'5'
[.,... ASPHALT
.J en PARKING
3.8'
2 PARKING
SPACES
24.1'
CONe
I"x?l
25.1'
OVE ANG
'OFF
ASPHALT
PARKING
LOT 7
COOPER'S SUBDIVISION
-+t---w----'O",O",-O' ON LINE
2' CURB & GUTTER'---j;rt_-'-_~+-_
SUBDIVISION NAME: "COOPER'S SUBDIVISION" LEGEND:
LOCATION MAP
SCALE.. . N.T.S
P.L.S. PROfESSIONAL LAND SURVEYOR
PR.M. PERMANENT REFERENCE MONUMENT
P.CP. PERMANENT CONTROL POINT
S/FN.&D SET OR FOUND NAIL & DISC
STREET S/FI.P SET OR FOUND I/t· IRON PIPE
~ CENTeR LINE
(R) RECORDED
CBS CONCRETE BLOCK & STUCCO
F.Fl.El. FINISH FLOOR ELEVATION
(M) MEASURED
A/C AIR CONDITIONING UNIT
E----ANCHOR POWER POLE
01 24-2.5 2.6 27 2.8 29 30 CONe CONCRETE
ELV. ELEVATION
N.T.S. NOT TO SCALE
4' WOOD FENCE
<WJ WATER METER
PI.. PLANTER
~ UTILITY WOOD POLE
rn ELECTRIC BOX
= CBS WALL
* LIGHT STEEL POLE
R RADIUS
11 DELTA
14 15 ~ 12 13 10 /I 7
L LENGTH
T TANGENT
"" EXISTING ELEVATION ". III STREET LIGHT BOX
6' CHAIN LINK FENCE
PB. PLAT BOOK
Iii!iI CATCH BASIN
@ MAN HOLE STORM SEWER
e MAN HOLE SANITARY SEWER
® GREASE TRAP
LEGAL DESCRIPTION:
l.OTs 4, 5, 6, 8 AND 9 AND THE II£ST 2 FEET OF LOT 7. OF H.D., OF "COOPER'S SUBDI~SION", ACCORDING TO H PLAT THEREOF. AS RECORDED
IN PLAT BOOK 4, AT PAGE 152, OF mE PUBliC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE SOUTH 4.IS FEET THEREOF.
SURVEYOR'S NOTES:
THE SHOWN LEGAL DESCRIPTION USED TO PERFORM mls BOUNDARY SURVEY WAS PROVIDED BY THE ORIGINAL RECORD BOOK 24017, PAGE 1488,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP.
LAND AREA OF SUBJECT PROPERTY: 20.644.35 SO fT. (+ / J.
THE CLOSURE IN THE BOUNDARY SURVEY IS ABOVE I: 10000.
IF THIS DOCUMENT IS BEING READ IN PAPER FORMAT, IT IS NOT VALID UNLESS SEALED ~HH AN EMBOSSED SURVEYOR'S SEAL IF mE DOCUMENT
IS IN ELECTRONIC FORMAT, ACCORDING TO CHAPTER 5J-17.062 SECTION 3. IT IS NOT VAllO UNLESS ELECTRONICALLY SIGNED. THE FINAL HARD
COpy OF THE DOCUMENT MUST HAVE THE ORIGINAL SIGNATURE AND RAISED SEAL OF THE SURVEYOR.
THE ISSUE OF THIS SURVEY IS ONLY FOR THE EXCLUSIVE AND SPECIFIC USE OF THOSE PERSONS, PARTIES OR INSTITUTIONS IN THE CERTIFICATE.
THE LIABILITY OF THIS BOUNDARY SURVEY IS LIMITED TO THE COST OF THE SURVEY.
THE PROPERTY DESCRIBED ON THIS SURVEY, LIES \\1THIN A FLOOD ZONE X, AS PER FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). THE
FLOOD INSURANCE RATE MAP IDENTIFIED AS COMMUNITY PANEL No. 120658-0458L, VMH AN EFFECTIVE DATE OF SEPTEMBER II, 2009.
ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM (NG.V.D) OF 1929. AS PER MIAMI-DADE COUNTY BENCHMARK NAME SOUTH
MIAMI, WITH AN ElEVATION OF 13.30 FEEl, LOCATED OVER SW. 72 STREET ANO SW. 59 AVENUE, VklH AN DESCRIPTION (US C & G. BRASS DISC
SET VERTICALLY IN NORTH FACE OF A CONCRETE PILLAR OF THE BUILDING ON SOUTH SIDE OF SW. 72 STR[[l).
BEARINGS SHOWN HEREON ARE BASED ON AN ASSUME MERIDIAN OF NST05'42"E, BEING THE RECORDED BEARING FOR THE CENTERLINE OF SW.
72nd STREET (SUNSET DRIVE), AS SHOVoN ON SECTION 25-54-40 OF THE PUBLIC RECORD OF MIAMI--DADE COUNTY FLORIDA.
UNDERGROUND ENCROACHMENTS, IF ANY, ARE NOT SHOWN. THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTING AND/OR FOUNDATION AND/OR
UNDERGROUND IMPROVEMENTS OF ANY NATURE.
ANY FEMA FLOOD ZONE INFORMATION PRO~DED ON THIS SURVEY IS FOR INFORM A nONAL PURPOSE ONLY AND IT WAS OBTAINED AT VNiViCEMA.CO\!'
NORTH ARROW DIRECTION IS BASED ON AN ASSUMED MERIDIAN.
ALL TIES SHOWN ARE FROM BUILDING CORNEl< TO PROPERTY liNE.
THE SURV[YOR DOES NOT DETERMINE F[NCE AND/OR WALL OWNERSHIP.
NOTICE:
THIS DRAV,NNG IS THE PROPERTY OF ALBERTO LOREKZO·LVAC[S.
NOT VALID \\1THOUT THE SIGNATURE AND OHiGINAI. RAIS[[) SEAL OF A fLORIDA LICENSED SUIlVl:YOR AND MAPPER. ADDITIONS OI! DIIETIONS TO
SURVEY MAPS BY OTHER THAN mE SIGNING PARTY ARE PROHIBITED I~THOUT THE WRITTEN CONSENT OF THE SIGNING PARTY.
FOLIO No. 09-4025-030-0040 . .§llRyr§),"OR'S CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED smcil or "BOUNDARY s..v!'\;fy:";,{Q[j~[~,~tJj'1~Y MAP IS TRUE
AND CORRECT AND WAS MADE UNDER MY DIRECT SUPERVISION,~N(J;JHAf:'LM£;~b-\!§·f~~IMUM FOLIO No. 09-4025-030-0050.
CERTIFY TO:
SUNSET 58 LLC
JOB No 05-161 DRAWN BY AM
r8.No mE CHECKED BY AU
DAlE D9/D9/20D5
uP DAlE D8/D5/2013
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OfES;;KJNAL·LAW. ;fiRS"
PURSUANT TO RULE 5J-17 OF TH[ FLORIDA ADMINISTRATI . I,T~ IMPJ,!: TEO'· '·AIllCIiAPTER
472.027 OF THE FLORIDA STATUTES "'. ~.,. ,.I, ''?,
.,~;\~'ltv
ALBERT6F~=cO~.~~~N~~Z~~~~fuACES
F'LS No.3087,STATCOF FLORIDA
10700 SW 66 TERRACE, MIAMI. FL. 33173
Emoil:mlsurveying@ymoil.com-PH. 305-301-3895