5CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Steven 1. Alexander, City Manager/
1]1l,~·i/
From: Christopher Brimo, AICP lJlr
Planning Director
Date: April 1, 2014
Subject:
ITEM No. 5 ----""'----
South Miami
bed
fiiiP
2001
A Resolution relating to the review and approval of a Unity of Title request by Manaca
South Miami Center, LLC, to unify the property located at 6138 -6144 South Dixie
Highway.
BACKGROUND
The owners of the property located at 6138 -6144 South Dixie Highway submitted a unity of
title request to unify the parcels depicted in Exhibit "A" of the backup material. The site consists
of two abutting parcels with two folio numbers, located within the GR -General Retail zoning
district. The main parcel fronts South Dixie Highway; the parcel to the rear of the property fronts
SW 61st Avenue and is utilized for parking. The applicant indicated that they would be making
parking lot and building repairs to upgrade the existing facility.
Section 20-S.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 6138 -6144 South Dixie Highway and described in Exhibit "A" .
Z:ICommission ltems\2014104-01-14IUnity of Title -6138-6144 S. Dixie Hwy16138-6144 S Dixie Unity ofTitle_CM Report.docx
1 RESOLUTION NO. _________ _
2
3 A Resolution relating to the review and approval of a Unity of Title
4 request by Manaca South Miami Center, LLC, to unify the property
5 located at 6138 -6144 South Dixie Highway.
6 WHEREAS, Manaca South Miami Center, LLC, submitted a request for unity of title for
7 properties located at 6138 through 6144 South Dixie Highway; and
8
9 WHEREAS, the Unity of Title request is in conjunction with a proposed renovations and
10 improvements of existing structures and property; and
11
12 WHEREAS, the Planning & Zoning Department reviewed the unity of title request and
13 finds it in compliance with the requirements of Section 20-5.16 and 20-7.30 of the land
14 development code; and
15
16 WHEREAS, the unity of title must be approved by the City Commission and approved
17 by the City Attorney as to form and content, and shall then be recorded in the public records of
18 Miami-Dade County prior to the issuance of any building permits.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
22
23 Section 1: The City Commission hereby approves the Unity of Title document for:
24 Lots 10 and 11 less the northwesterly 16 feet in Block 1 of Larkin Pines, according to the plat
25 thereof; as recorded in Plat Book 24, Page 20; and Lots lOA and 11A Block 1; and Lot 21 Block
26 2 of the revised plat of part of Blocks 1 and 2, Larkin Pines, according to the plat thereof; as
27 recorded in plat book 53, Page 41, of the Public Records of Miami-Dade County, Florida.
28
29 Section 2: The survey and legal description of the subject Unity of Title document is
30 attached to this resolution and identified as Exhibit II A".
31
32 Section 3: This resolution shall be effective immediately upon adoption.
33
34
35
36
37
38
39
40
PASSED AND ADOPTED this __ , day of ___ , 2014.
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 Harris:
4 Commissioner Liebman:
5 Commissioner Welsh:
6 Commissioner Edmond:
7 CITY ATTORNEY
City of South Miami
Plannzng & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application for ~l+e-Hearing before P-l:€Hmilrg B~rtfv+-& City Commission
Address of Subject property:& / 38 ... 0/44 Lot(s) __ Block --Subdivision
PB -
Meets & Bounds: 0, D I X I£-/-hNY --
APPlicantMA1JA-C4 80lATfi MllrMI C6~~ Phone: 365'17Q·/07Q
Representative: V IV I ktJ {2. R.I\J~/~O, esc< Organization: VIV,4-tJ /2. ~ I V Elf{ tJ
1 ~4.
Address: 715D (\iW IS!? 51· #-I()4 fvf'~fL.-Phone: ~{)S· '71CJ·;079 I
Property Owner: /VI :4-C4 So 14111 f\A ( firM I CI3J/a?-Signatu~
Mailing Address:7tfSDNW {.sqsr. -#-JD4 (vt/Aj fL Phone: ~ OS· 77Q./D79 ,
Architect/Engineer: Phone:
A~E APP~T, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_Owner _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
-Text Amendment to LDC _Variance -Letter of intent
_ Zoning Map Amendment _Special Use _ Justifications for change
_ PUD Approval _Special Exception _ Statement of hardship
_ PUD Major Change VOlher (Waiver of Plat) _ Proof of ownership or letter from owner
UNIfY ()~ 7 rfL~ _ Power of attorney
Briefly explain application and cite specific Code sections: _ Contract to purchase
/)N 11'( 0(--n-nG ~Current survey (1 original sealed and
signed/1 reduced copy @ 11" x 17")
_ 15 copies of Site Plan and Floor Plans
24 x 36", 1 reduced copy @ 11" x 17"
_ Affidavit-Receipts attesting to mail
notices sent
Section: --Subsection: --Page#: __ Amended Date:
_ Mailing labels (3 sets) and map
../ Required Fee(s)
~ h" reM thh oo~,t'd applioation and ropre"nG that tho infonnation and alt ,ubmitt,d rnatori,)' "" true and
c( rrec t est ~he applicant's owledge and belief.
_ I Xi1oRt1€1 \f\'\j\AN f-. (l.\\)~(Z.O 0.2.· 10· 2L> 14-
A~nt's Signature and title Print Name Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed ____ _ Date of PB Hearing _____ Date of Commission ____ _
Petition Required. __ _ Petition Accepted _____ _
Method of Payment
Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Waiver of Plat Application -Revised
4-30-20 13.doc
\,
This instmment was prepared by:
Vivian R. Riveiro, P.A.
Vivian R. Riveiro
7950 NW 155 ST., 104
Miami Lakes, FL 33016
Folio No.:09-4036-028-0030 / 09-4036-027-0050
UNITY OF TITLE
(Space reserved for Clerk)
WHEREAS, the undersigned is the Owner of that property described as:
Lots 10 and 11, less the Northwesterly 16 feet, in Block 1, of LARKIN PINES, according to the
Plat thereof, as recorded in Plat Book 24, at Page 20, and Lots lOA and 11A, in Block 1, and
Lot 21, in Block 2, of REVISED PLAT OF PART OF BLOCKS 1 & 2 LARKIN PINES,
according to the Plat thereof, as recorded in Plat Book 53 at Page 41, of the Public Records of
Miami-Dade County, Florida.
with a street address of 6138 -6144 S. Dixie Highway, South Miami, FL 33143
hereinafter referred to as the "Property."
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/remodeling/building improvements on a portion of the Property, 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
apmi 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
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 full force and effect and be binding upon the undersigned, its successors and
assigns until such time as the same may be released.
The Unity 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 March, 2014.
Witnesses:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Manaca South Miami Center, LLC, a Florida
limited liability company, OWNER"
By: Manaca Investment Limited Partnership,
A Florida Limited Partnership, As its Managing
Member
By: Manaca Investment Corporation, A
Florida corporation, As its General Partner
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 acknow ledgments, personally
appeared Hani EI-Naffy, who, after being duly sworn, acknowledged before me the
execution of the foregoing instrument for the purposes therein expressed, and who is
personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid, thislt day of March,
2014.
BY:~~~L-__ ~7-__________ __
NOT
DAVID SUAREZ
Exhibit A
Lots 10 and 11, less the Northwesterly 16 feet, in Block 1, of
LARKIN PINES, according to the Plat thereof, as recorded in
Plat Book 24, at Page 20, and Lots lOA and llA, in Blocl{ 1, and
Lot 21, in Block 2, of REVISED PLAT OF PART OF BLOCKS 1
& 2 LARKIN PINES, according to the Plat thereof, as recorded
in Plat Book 53 at Page 41, of the Public Records of Miami-Dade
County, Florida.
Parcel Identification Number: 09-4036-028-0030/09-4036-027-0050
File Number: 13-436CRS DoubleTime®
Municode Page 1 of 1
20-5.16 Unity of title submittal and procedures.
A Unity of Title, as defined in Section 20-2.3, shall be required as specified below and shall
be a prerequisite to the issuance of a building permit.
(A) Required. A unity of title shall be required in the following cases:
1. Whenever the building site consists of more than one lot or parcel and the main
building is located on one lot or parcel and auxiliary or accessory use buildings
are located on the remaining lot or parcel comprising the building site.
2. Whenever the building site consists of more than one lot or parcel and the main
building is located on one or more of the lots or parcels and the remaining lots
or parcels encompassing the building site are required to meet the minimum
zoning requirements.
3. Whenever a unity of title is required by a provision within this Code or is
specifically required by an ordinance or resolution passed and adopted by the
city commission.
(8) Submittal. A unity of title shall be submitted to the planning and zoning department.
(C) Approval. Once a unity of title has been approved by the city commission, it shall be
subject to approval by the city attorney as to form and content.
(D) Recording. A unity of title shall be recorded in the public records of Miami-Dade
County prior to the issuance of any building permit. The unity of title shall run with the
land and shall be binding upon the property owner, his/her successors and assigns.
The owner shall pay the fee as required for recording a unity of title in the public
records of Miami-Dade County.
(E) Release. Any unity of title required by this section shall not be released except 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. 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 subject unity of title.
(Ord. No. 23-99-1697, § 2, 11-16-99; Ord. No. 04-07-1905, § 1, 2-20-07; Ord. No. 25-10-2050, § 1, 9-7-10)
http://library.municode.com/print.aspx?h=&clientID= 12667 &HTMRequest=http%3a%2f... 211 0/2014
SKETCH OF BOUNDARY SURVEY
ALTA/ACSM LAND TITLE SURVEY o 20 40 60
SCALE: 1" 40' == ....::::~~~~~~~::
DIXIE HWY. l SOUTH
Grassed Median • C & Gutter
, C & Gutter
16' Dedication as per
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~~
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:::::::::::::::: S.W. 61st AVENUE ::::::
JOB SPECIFIC SURVEYOR NOTES:
(j) LAND AREA OF SUBJECT PROPERTY: 15,441 SF (+/-)
1.1'
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.97'
165.17' (R)
Q) ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929, AS PER
MIAMI-DAOE COUNTY BENCH MARK No. SOUTH MIAMI, WITH AN ELEVATION OF 13.31 FEET
® BEARINGS SHOWN HEREON ARE BASED ON AN ASSUME MERIDIAN OF N.22%%48'16"E., BEING
THE RECORDED BEARING FOR THE CENTERLINE OF S.W. 61st AVE., AS SHOWN ON PLAT BOOK S3
AT PAGE 41 OF THE PUBLIC RECORD OF MIAMI-DADE COUNTY FLORIDA.
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SCHEDULE B ITEMS ® All matters contained on the Plot larkin Pines, as recorded in Plat Book 24 at
Page 20 of the Public Records of Miami-Dade County, Florida.
® ~~e~.a~:rsre:~~~el~ ;7a:h~0:~o~:f a~e~~;: fbO~fofth~a~u~~c B~~:rd~ ~l Larl<Jn
Miami-Dade County, Florida.
® Right-of-Way Deed to Miami-Dade County recorded in Deed Book 1505, Page 29
of the Public Records of Miami-Dade County, florida.
® Resolution No. 665 recorded in Deed Book 3985, Page 260 of the Public Records
of Miami-Dade County, Florida. (relinquishing the 15' olley as shown on Plat Book
24 at Page 20 of the Public Records of Miami-Dade County, Florida)
® ~~;~~~~:d ~~~~.e~!~d~~e(es~~I~sh:8ih=a;~U!~~y °rin~eo:~~I~~ R~~~~~~ to
be a line 166 feet south of and parallel to the northerty line of the fEC
Right-at-Way)
THIS DRAWING IS THE PROPERTY OF AMERICAN SERVICES OF MIAMI, CORP.
AND SHALL NOT BE USED OR REPRODUCED, IN WHOLE, OR IN PART,
WITHOUT PERMISSION OF AMERICAN SERVICES OF MIAMI, CORP.
NOTHING HEREON SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR
BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED.
ARRf'JlAJJQH (E ANy Af'PIlm)
A_CURVE ct._CLEAR
~~H~ :~~;nONJiG UNIT gZi : =~ I.lAINT. EASOIOH
B.1oI,_IlEtICHIoIARl< O-DlAloirTER
9IVCc<n._ 91..00< C¢R;NER EASJ.lT._£ASENEHT
~:'(~~l~~~TED ~':=:~EHT
c.e.s._tooCll:£lEBLOCKSlR\!CTUR£ f.O/H_fOUllO0RIll.HOLE
t .. COlTER UN( f.H." FIR( HYDRANT
CH.8R._CIlOROBEARlI-KI f.N/D_fOUIiONAlLI-HJDlSC
C.Lf. _ CH.'.m UII{ F'ENCE fJP ... rOUNO flOO PIP'E
SURVEY CERTIFICATION:
1. The Survey reflected by this plat was actually made upon the ground. that the
attached plat of survey is made at least in accordance with the minimum standards
established by the State of florida for surveyors and with the -Minimum Standard
Detail Requirement. for AlTA/ACSM Land Title Surveys" jointly established and
adopted by AlTA and ACSM in 2011 and meets the Accuracy Standards (as adopted
by AlTA and ACSM and in effect on the dote of this certification) of an Urban
Survey, with accuracy and precision requirements modified to meet the current
~;n i.Jr19ol1bed;JndnHneontbl/ar_,..e¥lr~Ili1i1;81lJ, 1tIl1I Jltabd i~4wbf<:ffal1le "ubject
thereto.
2. The survey correctly shows the location of all buildings, structures and other
improvements situated on the Premises.
3. All utilities serving the Premises enter through adjoining public streets and/or
easements of record; that except as shown. there are no visible easements or rights of
way across sold Premises; thot the property described hereon is the same as the
property described in (Old Republic Notional Title Insurance Company Commitment File
No. 13-436CRS with on effective dote of Sept. 20, 2013 and that all easements,
covenants and restrictions referenced in said title commitment. or easements which
the undersigned has been advised or has knowledge, have been plotted hereon or
otherwise noted as to their effect on the subject property;
4. There are no encroachments onto adjoining premises. streets or alleys by any
buildings, structures or other improvements. and no encroachments onto said
Premises by buildings, structures or other improvements situated on adjoining
Premises.
5. Said described property is located within an area having a Zone Designation "X-
by the Secretary of Housing and Urban Development. on flood Insurance Rate Map
No.12026C458L, with a dot. of Identification of Sept. 11, 2009, for Community
number120658, in Miami-Dade County. State of florida, which is the current Flood
Insurance Rate Map for the community in which said Premises is situated.
6. The property has direct physical access to S. Dixie Hwy and SW 61st Avenue
both public Street or Highway.
7. All set back. side yard and rear yard lines shown on the recorded plat or set forth in the
applicable zoning ordinance are shown on the survey
This survey Is made for the benefit of:
Manaca South Miami Center, LLC, a Aorida limited liability company
Vivian R. Riveiro, P.A.
Wells Fargo Bank, N.A., its successors and/or assigns, A.T.I.M.A.
Old Republic National Title Insurance Company
SURVEYOR'S LECEND (IF ANY APPLIED)
c::J BOUNDARY LINE ~ CATCH BASIN
C? STRUCTURE (BLDG.) 0 MANHOLE
---CONCRETE BLOCK WALL O.E. OVERHEAD ELECT.
---METAl FENCE '" POWER POLE
---WOODEN FENCE -¢-LIGHT POLE
---CHAIN LINK FENCE
~ WOOD DECK/DOCK
~ ASPHALTEDAREAS
G:::] CONCRETE
K&-Q BRICKS OR PAVERS
~ ROOFED AREAS
0,. HANDICAP SPACE
"tJ HANDICAP SPACE
---EASEMENT LINE
..... WATER V/lJ...VE
tv TV·CABLE BOX
~ WATER (EDGE OF WATER) WM WATER METER
I, Ed Pino, a Registered land Surveyor in the State of Aorida, do hereby certify to the aforesaid parties, their successors and assigns, as of the
date set forth above, that I have made a careful survey of a tract of land (the "Premises") described as follows:
LOTS 10 AND 11, LESS THE NORTHWESTERLY 16 FEET, IN BLOCK I, OF lARKIN PINES ACCORDING TO THE PlAT THEREOF, AS RECORDED
IN PlAT BOOK 24, AT PAGE 20 AND LOTS lOA AND llA, IN BLOCK I, AND LOT 21, IN BLOCK 2, OF REVISED PlAT OF PART OF BLOCKS I & 2,
LARKIN PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53 AT PAGE 41, OF THE PUBLIC RECORDS OF
~lIAMI-DADE COUNTY, FLORIDA.
I HEREBY CERTIFY THAT THE AITACHED SKETCH OF "BOUNDARY SURVEY" AND THE SURVEY MAP RESULTING THEREFROM OF THE ABOVE DESCRIBED PROPERTY IS A TRUE
AND CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY DIRECTION AND MEETS THE INTENT OF THE APPUCABLE PROVISIONS OF THE "MINIMUM TECHNICAL
STANDARDS FOR lAND SURVEYING IN THE STATE OF FLORIDA" PURSUANT TO RULE 5J·17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTED LAW, CHAPTER
472.027, OF THE FLORIDA STATUTES.
S1lE ADDRESS: 6138-6144 SOUTH DIXIE HWY, SOUTH MIAMI FLORIDA 33143
FOUO NUMBER' 09-4036-027-0050 & 09-4036-028 0030
JOB NUMBER: _--'-10"'-_9"'8"'8'--___________ _
DAlE OF SURVEY. OCTOBER 15, 2013
REVISION DAlE
~American Services of Miami, ~ Consulting Engineers. Planners. Surveyors
LB 6683
PH:
9360 S. W. ?2nd Street, Suite 200
Miami, Florida, 33173
(305) 598-5101 FAX: (305) 598-8627
ASOMIAMI.COM
Utility moanies'
W/JSNJ Water and Sewer (786) 268-5200
Florida Power and Ught Co. (305) 4-4-2-8770
Bell South telephone company t-800-753-0710
City Go. Company (305) 691-0313
Corp.
VEYOR
OAT£: OCTOBER 15, 2013
NOT VAUD II1THOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER