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Res No 063-15-14402Resolution No. 063 -15 -14402 A Resolution relating to the review and approval of a Unity of Title, request by Antonio and Mirna Maria, unifying property located along SW 44th Street. WHEREAS, Antonio and Mima Marin, submitted a request for unity of title for properties located along SW 40 Street; and WHEREAS, the Unity of Title request is in conjunction with a proposed development of a single family residential home; and WHEREAS, the Planning & Zoning Department reviewed the unity of title request and finds it in compliance with the requirements of Section 20 -5.16 of the land development code; and WHEREAS, the unity of title must be approved by the City Commission and approved by the City Attorney as to form and content, and shall then be recorded in the public records of Miami -Dade County prior to the issuance of any building permits. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Commission hereby approves the Unity of Title document for: 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 Lot 8, 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; Section 2: The Unity of Title and the survey of the property that is the subject of the Unity of Title is attached to this resolution and identified as Exhibit "A" and Exhibit `B" respectively. The Covenant attached to this Resolution shall be executed by the owners and recorded with the Unity of Title as a condition to the approval of this Unity of Title. Section 3: This resolution is conditioned on the recording of the Unity of Title by the owner within 30 days of the date of this resolution at the owner's sole expense. This resolution may be revoked by the City if the Unity of Title is not timely recorded in the land records of Miami -Dade County, Florida and no permit shall be issued for the properties in question until the Unity of Title is recorded and a copy of the recorded Unity of Title is delivered to the City's Res, No, 063 -15 -14402 rt 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 21ST, day of April , 2015. READ AND APPROVED AS TO FORM, LANGUAGE, V ALITY AND APP %i121?� MAYOR I y COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Commissioner Edmond: Yea rrd 5 South Miami TI IF CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Joseph M. Corradino, AICP, Interim Planning Director DATE: April 21, 2015 SUBJECT: Agenda Item No.: A Resolution relating to the review and approval of a Unity of Title request by Antonio and Mirna Marlin, 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 63rd Avenue and SW 64`" 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 S). 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: PARCEL 5: 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 or 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 Lot 8, 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 -3.51-1 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 63rd 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. This instnunent was prepared by: Name: Antonio & Mima Marin Folio No.: 09- 4024 - 030 -1140 and 09- 4024- 030 -1150 UNITY OF T1TLE CF-r-5 201 .5FM10-2894 )R t'.•k 29605 F`ss WU 3Q; (2pas) RECORDED 05/06/2015 10.40:08 HARVEY RUVIih CLERK'•. OF COURT MIAMI -DADE COUNTYr FLORIDA (Space reserved for Clerk) 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, of 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 I I 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 I 1 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 L-AST PAGE 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 the cessation of the conditions and/or criteria which originally required the execution of the Unity of Title and the cessation of any condition or criteria that occurs after the approval of the Unity of Title and which condition and/or criteria requires a Unity of Title. Signed, witnessedoxecuted and acknowledged this STATE OF Fl COUNTY OF vt��i ,20/S: xva: 7,0 4N+LSty-6 0 S ° «S ~ /27 -o as 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 Maria 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 Ct" g&z S > FA rt- OF FLORIDA, GOUNT.OF= DADE oEPFtOY CJERriFV that.Uns is a love copy of the rtgmat��7} ffi�il��e,p+d m�rthis offiicgqh��rnt .__,_,,,, ,,,,,,,,,, "Fay Of `!NE..SS my hand and Officat Seat: RVEVf4t7V( GCERI WalcartantICOMYCi>citts NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: 9/' 2 y/ r '7 c. X CARLQUEENER My COMMISSION # FF022371 s EXPIRES: September 28, 2017 "yea aioA° Bolded Thtu Budget Notary services This instrument was prepared by: Name: Antonio & Mima Marin as Husband & Wife Folio No.:30- 4024 -016 -0130 _&094024-030-1130 OR P,E, 24605 Pss 0344 045E (2psFO RECORDED 05/0612015 ION40 :09 HARVEY RUVIEtr CLERK OF COURT NIAVII -DARE C:OUt1TYe FLORIDA (Space reserved for Clerk) 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 Or< tyK 2945025 PG 6_534e:'� 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 Witnesses: Owners By: Lam— By: (Print Name:) By: By: / (Print Name:) STATE OF FLORIDA COUNTY OF MIAMI -DADE L� ,20_. 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 36' day of 26/ 5 > .�7�p, .rV MLSG' °cdc 5" Ys. „l�7rq C+ Ifi 4ry 7 e ^ 6 ��� •. 3U ,L� M6Sa S S2 CARL QUEENER 0 ■ MY COMMISSION kFF022371 EXPIRES: Seplember 29, 2019 4r °a.r' BOOM Thru eu*1 NotaryServko NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: 91a 61 r 7 I I A FE OF FLORILIA, GOUN i OF DA DL NFRCgYCFRI'* Y that tRrs It a true C0PV 'fire aretrn I ffI od rI) INS offiiccec”? W5 A D 20 N(7A(ef; MY hand and occe, jai W ea(. ........_..,......_ RVEY RUVIIN, F K, N(➢rrCwtandCountyCourts Q Al 1 i<w �7 D rn rn wl n 0 0 -n O -T, rn C10 c_n 0 z F— C� z C /) C T z n f� 41.88' 1 a z I A O L_ SKE 1 C"I t OF SUR L ► SCALE: 1" =20' �28' ASPHALT PAVEMENT L 1 5.5 "GRASS F.RB 5' SDWK. .5' _ 2 f 51' 0 7 V A C A N 11 1.77"1`M 111.12'R S.W. 44th STREET _ � T Q x a Q Z W A N D 6 90` 2J2e 0 ENC= ENCROACHMENT (BASED ON APPARENT PHYSICAL USE), SDWK= SIDEWALK, PL= PROPERTY LINE, F= FOUND, STY= STORY, A/C =AIR CONDITIONING UNIT, PC =POINT OF CURVATURE, PT =POINT OF TANGENCY, D/H =DRILL HOLE, RES= RESIDENCE, CONC= CONCRETE, R /W= RIGHT -OF -WAY, (TYP)= TYPICAL, (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, 0/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= UTILITY EASEMENT, DME= DRAINAGE MAINTENANCE EASEMENT, C.N.A. = CORNER NOT ACCESSIBLE, M.SH. =METAL SHED, P /F= PLASTIC FENCE, MH= MANHOLE, CL= CLEAR, FOR: ANTONIO MARIN & MIRNA MARINI, HUSBAND AND WIFE. JOB No.: 1106061B ADDRESS: 6340 S.W. 44th STREET, MIAMI, FLORIDA 33155 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 THEREOF AS RECORDED IN PLAT BOOK 19 AT PAGE 76 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. — 51' BPI /2" T_ LOCATION MAP (NTS) SW 44 th STREET 41.88' 51' 51' L E G E N D S BD = CATCH BASIN U = GUY ANCHOR = HYDRANT M = IRON PIPE OO = IRON ROD = LIGHT POLE O = SEWER MANHOLE ®= DRAINAGE MANHOLE O = NAIL & DISC c'Q_� = POWER POLE O = WATER METER ®= WELL -9-= SIGN -- = CENTERLINE - -- - MONUMENT LINE — x —x —x- = CHAIN LINK FENCE — = OVERHEAD POWERLINE ❑ = CONCRETE FENCE -O = METAL FENCE WOOD FENCE A B B R E V I A T I O N S ENC= ENCROACHMENT (BASED ON APPARENT PHYSICAL USE), SDWK= SIDEWALK, PL= PROPERTY LINE, F= FOUND, STY= STORY, A/C =AIR CONDITIONING UNIT, PC =POINT OF CURVATURE, PT =POINT OF TANGENCY, D/H =DRILL HOLE, RES= RESIDENCE, CONC= CONCRETE, R /W= RIGHT -OF -WAY, (TYP)= TYPICAL, (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, 0/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= UTILITY EASEMENT, DME= DRAINAGE MAINTENANCE EASEMENT, C.N.A. = CORNER NOT ACCESSIBLE, M.SH. =METAL SHED, P /F= PLASTIC FENCE, MH= MANHOLE, CL= CLEAR, FOR: ANTONIO MARIN & MIRNA MARINI, HUSBAND AND WIFE. JOB No.: 1106061B ADDRESS: 6340 S.W. 44th STREET, MIAMI, FLORIDA 33155 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 THEREOF AS RECORDED IN PLAT BOOK 19 AT PAGE 76 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. — 51' BPI /2" T_ LOCATION MAP (NTS) SW 44 th STREET — I Pt /2 S U R V E Y O R' S N O T E S 1) PROPERTY SURVEYED ACCORDING TO LEGAL DESCRIPTION PROVIDED BY CLIENT; 2) UNLESS NOTED PROPERTY CORNER MONUMENTS HAVE NO ID; 3) EXAMINATION OF ABSTRACT OF TITLE AND A SEARCH OF THE PUBLIC RECORDS WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS AFFECTING THE PROPERTY; 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 12086CO456 p SUFFIX: L p 7575 W. FLAGLER STREET, SUrrE 207 FLOOD ZONE: X & AE (AE- 9.00') NRI" H. POUSAD_ A MIAMI, FLORIDA 33144 BASE FLOOD ELEV: (X,N /A) Registered Land Surveyor No.5133 305.266.4451 FAX 305.262.5007 / LB4515 DATE OF FIRM: 09 -11 -09 STATE OF FLORIDA 41.88' 51' 51' 51' 9 8co 7\ 6\ 11 5 �4 BIRD R AD ESTA S, PLAT 9.12' BOOK 19, PAGE 6. a PLAT LIMIT 5 I r I — I Pt /2 S U R V E Y O R' S N O T E S 1) PROPERTY SURVEYED ACCORDING TO LEGAL DESCRIPTION PROVIDED BY CLIENT; 2) UNLESS NOTED PROPERTY CORNER MONUMENTS HAVE NO ID; 3) EXAMINATION OF ABSTRACT OF TITLE AND A SEARCH OF THE PUBLIC RECORDS WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS AFFECTING THE PROPERTY; 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 12086CO456 p SUFFIX: L p 7575 W. FLAGLER STREET, SUrrE 207 FLOOD ZONE: X & AE (AE- 9.00') NRI" H. POUSAD_ A MIAMI, FLORIDA 33144 BASE FLOOD ELEV: (X,N /A) Registered Land Surveyor No.5133 305.266.4451 FAX 305.262.5007 / LB4515 DATE OF FIRM: 09 -11 -09 STATE OF FLORIDA