15CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Steven Alexander, City Manager
From: Christopher Brimo, AICP PI /
Planning Director /
Date: November 21,2013
Subject:
ITEM No. L!
South Miami
hOd
;'Oifl
A Resolution relating to the review and approval of a Unity of Title request by West
Caribe LLC, pursuant to Section 20-5.16 and 20-7.30 of the City of South Miami
Land Development Code, unifying property located at the intersection of SW 74th
Street and SW 59th Place.
BACKGROUND
The owners of the property located at the intersection of SW 74th Street and SW 59th Place
submitted a unity of title request in conjunction with a proposed new development project at this
location. The site consists of two abutting parcels with two 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 a
new two-story mixed use project on both 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. All 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 the intersection of SW 74th Street and SW 59th Place.
Z:\Coll1ll1ission itcll1s\20 13\12-03-13\Wcst Caribe LLC Unity ofTitle\ West Caribe LLC Unity ofTitlc_ eM Report.clocx
1 RESOLUTION NO. _________ _
2
3 A Resolution relating to the review and approval of a Unity of Title request
4 by West Caribe 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 the
6 intersection of SW 74th Street and SW 59th Place.
7 WHEREAS, West Caribe LLC, submitted a request for unity of title for properties
8 located at the intersection of SW 74th Street and SW 59th Place; and
9
10 WHEREAS, the Unity of Title request is in conjunction with a proposed new mixed use
11 development 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 Lot 2 (Parcel A) and Lot 3 (Parcel B) American Townsites Company Subdivision, as recorded in
26 Plat Book 3, page 134, of the Public Records of Miami-Dade County, Florida
27
28 Section 2: The survey of the subject Unity of Title document is attached to this resolution
29 and identified as Exhibit "A".
30
31 Section 3: This resolution shall be effective immediately upon adoption.
32
33
34
35
36
37
38
39
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
Christopher Brimo
Planning Director
City of South Miami, FL
Re: Unity of Title of lot 2(Parcel A) and lot 3 (Parcel B) American Townsites
Company Subdivision, as recorded in Plat Book 3, page 134, of the Public
Records of Miami-Dade County, Florida
Dear Mr. Brimo:
Attached is an executed Unity of Title for the referenced lots in South Miami.
Please submit this document to the City Commission for their approval as soon as
possible.
Thank you in advance for your attention to this matter.
?~I01! Byrne
West 80, LLC
'fHIS INSTRUMENT PREPARED BY;
Rene V. Murai, Esq.
Mumi Wald Biondo Moreno & Pegg, PA
1200 Ponce de Leon Boulevard
Coml Gables, f'L 33134
(Space rescl'veti fol' C!orl<)
" "
ONITY OF TITLE
WHEREAS, tbe undersigned «HO wner") is the owner of that property described ns:
PARCEL A:
Lot 2, AMERICAN TOWNSITBS COMPANY SUIJDIVISION, 11S recorded in Plat
Book 3, Page 134, of tile Public Records of Miami-Dade County, Floridl1.
PARCEL B:
Lot J, AMERICAN TOWNSITES COMPANY SUBDIVISION, as recorded in Pint
Book 3, Page 134, ofille Public Records of Min mi· Dade County, F!orida.
(collectively both properties will be referred to as "Pi'opel'tyll)
,
Owncr recognizes and acknowledges that for (he public health, welfare, safety or morals, the
herein-described Properly should not be dividcd into separate parcels owned by several owners
so long as the same is put to the hereinafter use, and
As a condition of grEmting building pCl'mit(s) for the construction of improvements on the
Property by the City of South Miami for a commercial building, and fot' other good and valuable
consideration, Owner hereby Rgrccs to restrict the usc of the Property in the following manner:
Thnt said Property shall be considered as one plot and par<.:cl of land and no
portion of said plot and parcel of land shall be sold, tramdclTcd, devised or
Hssigned sepnrately except in its entirety m; one plot or parcel of land. In addition,
the loIs and/or parcels of lalld shall not be conveyed, mortgaged and/or leased
separate and apart f!'Olll each other and they shall be held together as one tract.
OWller tbrlller agrees that this condition, restriction sllld limitation shnll be recorded, at Owner's
expense, in the Public Records of Minmi-Dade County, Florida and shalll'cmnin in full force and
effect alld be binding upon the Owner, its, succcss6rs and assigns and upon all mortgagees or
lessees ulltil such time as the same may be released upon approval by Rcsolutioll passed and
adoptcd by the City Commission, after H public hearing, and executed by the City Manager and
the City Cleric
This condition, restriction and limitation .<;l1nll be dcemecl a covenant running with the land nnd shall
rcmain in full t()t'ce and encet and be binding upon the undersigned, its Sllcecssors and assigns ulltil
such time flS the SHme may be l'dcnscd.
Further provided, however, that a release will be executed whell the reason for the Unity of Title
ceases to exist or is rcmoved from the premises, upon a cessation of the conditions and/or criteria
which originally required the execution o/' the subject Unity of Title nnd when the Property is
mild\.! to conJ()I'll1 to applicable zoning regulations, '61' any strllctmc constructcd thcreon is
removcd /I'om the Property <lml therc is no further reason to maintain the Unity of Title on the
public records.
IN WITNESS WlffiREOF, West Caribc LLC, a Florida limited liability COIlIP<lJlY, hus caused
these prescnts to be signed ill its munc and by its prof:>el' onidals, 011 this '!"/day oJ()( ,:( )<_G 2013 at
Mimni, Florida.
WEST CARIBE LLC, a Florida limited
liability company
By: SOMI 59 LLC, a Florida Iimitcd liability
company, as Membcr
)
Cnl'los E. Mmlillcl, Solc Manaltcr
Uy: WEST 80, LtC, II Florida limjtcdliilbility
eompnlly, as Melllbcr
/'
(I
ThomHs E. Byrne, as Mcmber
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The Ibregoing ins!l'lIlllellt was acknowledged before me this ;>·(L day 01'(/ ,~J)(/ ; 20 I J, by
Carlos E. Malline!., as Sole Manager of 80MI 59 LLC, a Florida limited liability company, a Member of and
011 behnlf of WEST CAHlBE LLC, a Florida limited liability compilny, who"r;(! is personally known to me
or who [ ) produced, as jdelltificatioll~.'-.. ()A. / "<"
NOTARY PUBLIC, State ofFloridn
PrinlNllmc: < J IC(" ~y\..,. I (,(,l(ll;.,k·\.)
~
Commission No.:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged be/bre me Ihil~~?~ day ~ .. f ~~.{ ~\(20J J, by
Thomas E. BYlIle, as a Member of WEST 80, LLC, a Florida limited liability sPll1pany, a Member of nne! on
behalf of WEST CAnInE LLC, a Florida limited liability compallY, whQ,.-~1 is personally known to me or
who [ J produced ____ . liS idcntil1catioll. ( ) "{'" '\ <.. )
, ,,';. ,l. ;;:,:,: i.;;] FUH{[!\\
:l('f~n:;l ,\L Cast I')
Com,nis,i(il; it l'~E08:J( ')
F,):pir::, A PH. 19, t; li
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My CO!llIlIlSSIOn l~xpll\~s: ('J'" ) ,~' ", ,) ) ) ( ) l
3
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NOTARY PUBLIC, State of Florida
Prill! Nnmc:
\ ()
" 'f
November 8, 2013
Rene V. Murai, Esq.
City of South Miami
Thomas F. Pepe
City Attorney
1450 Madruga Avenue, Suite 202
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southrniamifJ.gov
Murai Wald Biondo Moreno & Pegg, PA
1200 Ponce de Leon Boulevard
Coral Gables, FL 33134
Re: Unity of Title of Lot 2 (parcel A) and Lot 3 (Parcel B)
American Townsites Company Subdivision, as recorded in Plat
Book 3, page 134, of the Public Records of Miami-Dade County,
Florida
Dear Ms. Murai:
Enclosed is the originally executed Unity of Title regarding the above-referenced
Lots. Please be advised that it is the duty of the owner to record this Unity of Title.
Thank you. ;;1
Ve YA£ yours,
TFP:sec
Enclosure
'1{{)J,
'humus F. Pepe
City of South Miami
~ LEGEND:
• -CATCH BASIN ABBREVIATIONS: PREPARED BY:
NORTH GUNTER GROUP, INC. ® -MANHOLE CONC. CONCRETE
• -WOOD POWER POLE IIPP (Meos) MEASURED ~ -FIRE HYDRANT
i! (R) RECORD
T OF LAND SURVEYING -LAND PLANNING
SCALE 1" = J-kt,.!-' AMENDED PLA: FLORIDA CERllFICATE OF AUTHORIZA1l0N NO. LB 4507
fJ~ THE SOLOVOFF SUBDIVISION 93~~M~:wFL~~~~ ~~~A5CE
(P.B. 7, PG. 11) (305) 220-0073
----I--S~W~-74th~~T~-r----------r---
-----r-I-]
~~ PLAT (sot TOTAL R/W)
wv > LIMIT
NORTH LlN-E-O-F-SE--+-+ rt ---J-,---p.,A--
.l'4, NW .l'4. NE.l'4. w CENTER LINE
SEC. 36-54-40 &_ UI OF TOTAL R/R
!><J
NORTH BOUNDARY ,
LINE OF (P;B. 3,
PG. 134)
ASPHALT
PARKING
wv---
!Xl 28' ASPHALT
PAVEMENT
wv
wv!Xl
PXl
ASPHALT
PARKING
METAL
FENCE
9/ &~N r fA.AAJ1V'\-r----'------
Lo-r-
C.B.S.
WALL
-0 r
METAL
FENCE
=t>1 ASPHALT
PARKING
LOT 4
".>'\ I><~ ....
'\. '\. ~
I ~
~ '\ . ~S
ro ro
u.! FOUND .l2"¢ u.!
IRON PIPE
\---1"'--21'
I). -EXISTING ELEVA llON
wv C.B.S. CONCRETE BLOCK & STUCCO
!Xl -WAllER VALVE
6 PL PROPERTY LINE
-HANDICAP
CL CLEAR
PROPERTY LOCATION:
Southwesterly corner of intersection of S.W. 74th Street and S.W. 59th Place; Miami, Florida 33143.
LEGAL DESCRIPTION:
Lots 2 and 3 of "AMERICAN TOWNSITES COMPANY'S" aooording to the plat thereof as recorded in Plat
Book 3 at Page 134 of the Public Records of Miami-Dade County, Florida.
FOR:
CARmE GROUP.
SURVEYOR'S NOTES:
1) This survey was conducted for the purpose of a "Boundary Survey" only and is not intended to
delineate the regulatory jurisdiction of any federal,state, regional or local agency, board,
commission or other entity.
2) The accuracy obtained by measurements and calculations on this survey, meets and exceeds the
Minimum Teohnioal Standards requirements for a Suburban area (1 foot in 7,500 feet) as specified in
Chapter 5J-17, Flori!ia Administrative Code.
3) Bearings shown hereon are based on an assumed meridian of NO·OO·OO"W along the Easterly
boundary line of the subject property.
4) The North arrow direction shown herein is based on an assumed Meridian.
5) In some oases graphic representation have exaggerated to more clearly illustrate a particular area
where dimensions shall have preference over graphic location.
6) Legal desoription was provided by the client and is subject to any dedications, limitations,
restrictions reservations or easements of record.
7) Examination of the Abstract of Title will have to be made to determine recorded instruments, if
any affecting the property; searoh of Public Records not performed by this offioe.
8) No effort was made by. this office to locate any underground utilities and/or struotures within or
abutting the subj~ct property.
9) This survey has been prepared for the exClusive use of the entities named hereon only and the
certifications hereon do not extend to any unnamed parties.
10) Elevations shown referred to N.G.V. Datum 1929, Miami-Dade County benohmark No. "SOUTH MIAMI
", elevation 13.30 feet.
11) According to the National Flood Insurance Program the subject property falls in Community No.
120658, Panel No. 0458, Suffix "1", Date of FIRM 09-11-2009, Flood Zone "X".
12) Contact the appropriate authorities prior to any design work on the hereon-described parcel for
Building and Zoning information.
13) Professional Land Surveyor and Mapper in responsible charge: Rolando Ortiz IS 4312, State of
Florida.
14) This survey is not valid without the signature and the raised seal of a Florida Licensed Land
Surveyor and Mapper;
I hereby certify to Caribe Group that the Sketoh of Boundary Survey of the described property is
true and correct to the best of my knowledge and belief. as recently surveyed and platted under my
direction; also that meets the Minimum Technical Standards set in Chapter 5J -17. Florida
Administrative Code, pursuant to Section 472.027 Florida Statutes.
Date: 08-14-2013
Job No.; 13-29307
Sketch No. 26705
de By: Rolando Ortiz 18 4312
Profesldonal l.and Surveyor
& Ma.})p.er., State of Florida.