10TH E CIT Y OF PLEASANT llVING
To:
VIA:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members ofthe City Commission
Steven Alexander, City Manager
Joseph M. Corradino, AICP, Interim Planning Director I 0
April 21, 2015 Agenda Item NO.:~
A Resolution relating to the review and approval of a Unity of Title request by Antonio and Mirna
Marin, unifying property located along SW 44th Street.
BACKGROUND:
The applicants, Antonio and Mirna Marin, owners of four (4) parcels, of which three (3) are located
within the City of South Miami (the "City") along SW 44 Street between SW 63'd Avenue and SW 64'h
Avenue, and one (1) parcel under the jurisdiction of Miami-Dade County (the "County"). The Applicant
has requested the review and approval of a Unity of Title for two (2) of the parcels located within the
City. The parcel located within the County at 6340 SW 44 Street is landlocked and currently gains access
through the center property located within the City's jurisdiction (Parcel 6) (See Figure 1 for location).
The unity of parcels 6 and 7 both within the city jurisdiction will make one developable lot where two
non-conforming lots currently exist. Consequently, the property under the County's jurisdiction will gain
access from the eastward most city property (Parcel 5).
Figure 1
City of South
Miami Parcel
Miami Dade
County Parcel
Antonio and Mirna Marin Unity of Title (Lots 6 & 7)
April 21, 2015
Page 2
The legal description of the parcels located within the City are as follows:
PARCELS:
Lot 5 of Block 11 of Bird Road Estates, according to the Plat thereof as recorded in Plat Book 19, Page
76, of the Public Records of Miami-Dade County, Florida; Having 4,233 sq/ft more ar less; Folio
Number: 09-4024-030-1130;
PARCEL 6:
Lot 6 of Block 11 of Bird Road Estates, according to the Plat thereof as recorded in Plat Book 19, Page
76, of the Public Records of Miami-Dade County, Florida; Having 4,233 sq/ft more or less; Folio
Number: 09-4024-030-1140;
PARCEL 7:
Lot 7 & E.9.12 of Block 11 of Bird Road Estates, according to the Plat thereof as recorded in Plat Book
19, Page 76, of the Public Records of Miami-Dade County, Florida; Having 4,990 sq/ft more or less;
Folio Number: 09-4024-030-1150.
The property owners submitted a unity of title request in preparation for the development of a single
family residential home that would encompass parcels 6 and 7. Parcel 5 will be only used for access to
the existing house which is on the parcel within the County's jurisdiction. The attached boundary survey
depicts three. (3) abutting and adjacent properties and folio numbers, located within the city's Small Lot
Single-Family Residential Zoning District (RS-4). As specified in Section 20-3.5H of the City's Land
Development Code, the minimum lot size for the RS-4 district is 6,000 sq. ft. As identified in the legal
descriptions provided above, the lot sizes for lots 5, 6, and 7 are below the minimum required size of
6,000 sq. ft., and therefore considered as legal non-conforming lots. Development of a residence on
parcel 5 is prohibited due to the lot size of 4,233 sq. ft., which is below the minimum lot size required of
6,000 sq. ft.
Pursuant to Section 20-5.16(C) of the City's land development code, requests for unity of title require
City Commission action for approval. 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 any project. Future development on this site shall comply with the requirements set forth in
City's land development code.
RECOMMENDATION:
Staff recommends that the City Commission approve the resolution for the unity of title of parcels 6 and
7, located along SW 44th Street between SW 63'd Avenue and SW 64th Avenue, with a condition of
approval of a covenant on parcel 5, mandating the property only be used for driveway access for
property located at 6340 SW 44th Street with a driveway in conformance with the Florida Building Code
and all applicable codes of the City of South Miami and Miami-Dade County.
1 RESOLUTION NO. ________ _
2
3 A Resolution relating to the review and approval of a Unity of Title, request by
4 Antonio and Mirna Marin, unifying property located along SW 44th Street.
5
6 WHEREAS, Antonio and Mirna Marin, submitted a request for unity of title for
7 properties located along SW 44th Street; and
8
9 WHEREAS, the Unity of Title request is in conjunction with a proposed development of
lOa single family residential home; 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 of the land development code;
14 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
25 PARCEL 6:
26 Lot 6 of Block 11 of Bird Road Estates, according to the Plat thereof as recorded in
27 Plat Book 19, Page 76, of the Public Records of Miami-Dade County, Florida; Having
28 4,233 sq/ft more or less; Folio Number: 09-4024-030-1140;
29
30
31 PARCEL 7:
32 Lot 7 & E.9.12 of Lot 8, Block 11 of Bird Road Estates, according to the Plat thereof
33 as recorded in Plat Book 19, Page 76, of the Public Records of Miami-Dade County,
34 Florida; Having 4,990 sqlft. more or less; Folio Number 09-4024-030-1150;
35
36
37 Section 2: The Unity of Title and the survey of the property that is the subject of the
38 Unity of Title is attached to this resolution and identified as Exhibit "A" and Exhibit "Boo
39 respectively.
40
41 Section 3: This resolution is conditioned on the recording of the Unity of Title by the
42 owner within 30 days of the date of this resolution at the owner's sole expense. This resolution
43 may be revoked by the City if the Unity of Title is not timely recorded in the land records of
44 Miami-Dade County, Florida and no permit shall be issued for the properties in question until the
45 Unity of Title is recorded and a copy of the recorded Unity of Title is delivered to the City's
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4
5
6
7
8
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building department along with the permit application. This resolution may be amended or
rescinded if the Unity of Title is not timely recorded.
Section 4: This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this __ , day of __ ---', 2015.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
16 Commissioner Liebman:
17 Commissioner Welsh:
18 Commissioner Edmond:
19 CITY ATTORNEY
20
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N SKETCf( OF SURVEY SCALE: 1"=20' FOR: ANTONIO MARIN & MIRNA MARIN, HUSBAND AND WIFE.
---.----------------------------ADDRESS: 6340 S.W. 44th STREET, MIAMI, FLORIDA 33155
JOB No.: 1106061B
SURVEY DATE: 03-24-2015
LEGAL DESCRIPTION:
LOTS 6, 7 AND THE EAST 9.12 FEET OF LOT 8, BLOCK 11 OF "BIRD ROAD ESTATES· ACCORDING TO THE PLAT ---{,C;..;./L-S. W. 44th STREET
-----2B' ASPHALT PAVEM[NT--_~ T THEREOF AS RECORDED IN PLAT BOOK 19 AT PAGE 76 OF THE PUBLIC RECORDS OF MIAMI-DADE COUN1Y,
FLORIDA.
0.5' CURB
5.5'GRASS
F-=\1.88'
F1PI!2" -r-5' 50111<. 111.12' F.RB
51' 0.5' 51' 51'
LOCATION MAP (NTS)
SW 44 th STREET
41.88' 51'
N '" Ol
9 8 ~ c-.i 4
00 00
... 9.12'
'" PLAT LIMIT «
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AND 6 7VACAN
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§,~.<i!' ~~~-~~ .~ I I""=_<€>~~~ __________ L__L_..J_ ___ .. """"=~--'?>-::-L-____________ ~1/2'
111.77'FM 111.12'R PLAT UMIT SUR V E Y 0 R ' S NOT E S :
LEGENDS
BE = CATCH BASIN tr = GUY ANCHOR ~ = HYDRANT III = IRON PIPE @ = IRON ROD ¢ = LIGHT POLE
® = SEWER MANHOLE @ = DRAINAGE MANHOLE 0 = NAIL & DISC <Th = POWER POLE 0 = WATER METER
e = WELL --v-= SIGN -----= CENTERLINE ------= MONUMENT LINE -x-x-x-= CHAIN LINK FENCE
--... --= OVERHEAD POWERLINE -0-= CONCRETE FENCE -<>---= METAL FENCE -1/-/1-'/-= WOOD FENCE
ABBREVIATIONS
ENC=ENCROACHMENT (BASED ON APPARENT PHYSICAL USE), SDWK=SIDEWALK, PL=PROPER1Y LINE, F=FOUND.
S1Y=STORY, A!C=AIR CONDITIONING UNIT, PC=POINT OF CURVATlURE, PT=POINT OF TANGENCY, D!H=DRILL HOLE,
RES=RESIDENCE, CONC=CONCRETE, R!W=RIGHT-OF-WAY, (TYP)=TYPICAI., (FM)=FIELD MEASURED, (C)=CALCULATED,
(R)=RECORD, C!N=CUTNAIL, R!N=ROUND NAIL, N!TT=NAIL & TIN TAB, S=SET, FFE=FINISH FLOOR ELEVATION,
O!S=OFF SET, PB=PLAT BOOK, PG.=PAGE, NTS=NOT TO SCALE, PRC=POINT OF REVERSE CURVE, PCC=POINT OF
COMPOUND CURVE, POC=POINT OF COMMENCE, POB=POINT OF BEGINNING, CB=CHORD BEARING, BLDG=BUILDING,
EASM'T=EASEMENT, UT EASM'T=UTlLl1Y EASEMENT, DME=DRAINAGE MAINTENANCE EASEMENT, C.N.A.=CORNER NOT
ACCESSIBLE, M.SH.=METAL SHED, P!F=PLASTIC FENCE, MH=MANHOLE, CL=CLEAR,
1) PROPER1Y SURVEYED ACCORDING TO LEGAL DESCRIPTION PROVIDED BY CLIENT; 2) UNLESS NOTED PROPER1Y
CORNER MONUMENTS HAVE NO ID; 3) EXAMINATION OF ABSTRACT OF TillE AND A SEARCH OF THE PUBLIC RECORDS
WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS AFFECTING THE PROPER1Y; 4) BELOW SURFACE
LOCATION NOT DONE; 5) THIS SURVEY IS FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON; 6) THIS
SURVEY IS FOR MORTGAGE PURPOSE ONLY, NOT TO BE USE FOR CONSTRUCTION; 7) NOT VALID WITHOUT THE
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER; 8) IN SOME CASES
GRAPHIC REPRESENTATION HAVE BEEN EXAGGERATED TO MORE CLEARLY ILUSTRATE A PARTICULAR AREA WHERE
DIMENSIONS SHALL HAVE PREFFERENCE OVER GRAPHIC LOCATION.
I HEREBY CERTIFY THAT THIS "BOUNDARY SURVEY" MEETS THE "MINIMUM TECHNICAL STANDARDS" AS SET FORTH BY
THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472-027, FLORIDA STATUTES.
FREEDOM OF LAND CORP FLOOD INFORMATION
COMMUNITY: 120635-120658 Surveying Services PANEL: 12086C0456
SUFFIX: L
7575W. FLAGLER STREET, SUITE 207 FLOOD lONE: X & AE (AE-9.00') NRI H. POUSADA
MIAMI, FWRIDA 33144 BASE FLOOD ELEV: (X,N! A) Registered Land Surveyor No.5133
305.266.4451 FAX 305.262.5007 I LB4515 DATE OF FIRM: 09-11-09 STATE OF FLORIDA
Ibis instrument was prepared by:
Name: Antonio & Mirna Marin
Folio No.: 09-4024-030-1140 and 09-4024-030-1150 (Space reserved for Clerk)
UNITY OF TITLE
WHEREAS, the undersigned are the Owners as Husband & Wife of the properties legally described
as:
Lots 6, 7 and the East 9.12 feet of Lot 8, Block 11 of "Bird Road Estates"
according to the Plat thereof as recorded in Plat Book 19 at Page 76 of the Public
Records of Miami-Dade County, Florida.
hereinafter referred to as the "Property."
Said Property currently has two Folio Numbers, to wit: 09-4024-030-1140, with a legal address
of Lot 6 of Block 11 of Bird Road Estates, South Miami, Florida, and 09-4024-030-1150, with a
legal address of Lot 7 & E.9.12 of Lot 8, Block 11 of Bird Road Estates, 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 approval of a building permit by the City of South Miami for construction of a
building on the above referenced "Property", which includes Folio Numbers: 09-4024-030-1140 &
09-4024-030-1150, 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 parcel of land and no portion of said
parcel of land shall be sold, transferred, devised or assigned separately except in its
entirety as one 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
assigns.~dqponal1 mortgagees 'of \eSge(lS until $n¢h tUn(l; as the same maybe releas¢d upon
approval by Resolution passed. and. adopted bY the City Col!ll)1ission,after a pUblic hearlt1g,and
executed by the City Manager and the City Clerk.
This condition, restriction and limitation shaII be d(lemed a: covenantrunning with the land and
shall remain in full force and effect and be binding uPQnthe undersigned, its successors and
assigns urttil such tilne as the same may be released.
The Unity of Title Shallnot berelea:sed eXC(lpt upon .approval by re,soll1tionpas~and/ldopted by the
cortunii!Sion,after .a public hearing, andexecuted by the city manager .andthe city clerk. The release of
the. Unity of Title is contingent upon the cessation of the conditions andlor criteria which originally
~nired the execution oftheUnityofTitie !I\1d the ei!SS!\tionofanycondinol1 or criteria that occurs after
theapproyal.oftheUnity ofTitle and ~chl!Ollditionandlor criteria require,sa UnityofTitie.
I HEREBY CERTIFY that,on this day, before me, an officer duly a\lthorizedin the. State of
Florida, and County aforesaid, to administer oaths and take acknowlildgments,.personally
appeared Antonio & Mirna Marin who,after being dUly sworn, acknowledged before methil
exec.ufionoftheforegoing./nstri.lillent for the purposesthereitlexptessed, .itnd Who produced
_Florid\!. Drivers Licences· as identification.
WITNESS my handlll)(\ofl:jCi!i1 ~eal in the COU/lty!l\1d State last aforesaid, this ---,1,--_ <lay of
NOTARy PuBLIC, STATB OF FLORIDA·
MyConunissionEXprres: '7/.:2?/ 17
c!2s.y ~
This instrument was prepared by:
Name: Antonio & Mirna Marin
as Husband & Wife
Folio No.:30-4024-016-0130 & 09-4024-030-1130 (Space reserved for Clerk)
COVENANT OF RESTRICTION AND LIMITATION
WHEREAS, the undersigned are the Owners as Husband & Wife of the properties described as:
6340 SW 44ST, South Miami, Florida and Lot 5 of Block 11 of Bird Road Estates,
Plat Book 19 at Page 76 of the Public Records of Miami-Dade County, Florida
These properties are the subject matter of the instant COVENANT.
Said properties, each one has a Folio Number, to wit: 30-4024-016-0130, with a street address of
6340 SW 44 ST , South Miami, Florida and 09-4024-030-1130, with a legal description of, Lot 5
Block 11 of Bird Road Estates, South Miami, Florida.
Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the
herein-described property, to wit: Lot 5 of Block 11 of Bird Road Estates South Miami Florida,
should exclusively be used as the means of ingress and egress in favor of the herein-described
property, to wit: 6340 SW 44 ST, South Miami, Florida.
For good and valuable consideration, Owners hereby agree to restrict the use of the Property in the
following manner:
That the above-referenced properties shall be considered as one parcel of land and
no portion of said parcel of land shall be sold, transferred, devised or assigned
separately except in its entirety as one parcel of land. In addition, the lot and/or
parcel of land shall not be conveyed, and/or leased separate and apart from each
other and they shall be held together as one tract of land for the intended use of
providing access to the property described as: 6340 SW 44 ST, South Miami,
Florida.
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.
This COVENANT OF RESTRICTION AND LIMITATION 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 this COVENANT is contingent upon the cessation of
the conditions and/or criteria which originally required the execution of the COVENANT and the
cessation of any condition or criteria that occurs after the approval of the COVENANT and which
condition and/or criteria requires a COVENANT.
Signed, witnessed, executed and acknowledged this __ day of _____ ,20 .
Witnesses:
By: _______________________ _
(print Name:) __________ _
By: ________________________ _
(PrintName:) __________ _
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owners as Husband & Wife:
By: ______________________ _
By: __________ _
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 Antonio & Mirna Marin, who after being duly sworn, acknowledged before me the
execution of the foregoing instrument for the purposes therein expressed, and who produced
Florida Drivers Licences as identification.
WITNESS my hand and official seal in the County and State last aforesaid, this ____ day of
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires: