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
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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
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CARLQUEENER
My COMMISSION # FF022371
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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
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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 >
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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