Res No 031-17-14832Resolution No. 031 -17 -14832
A Resolution relating to the release ofa Unity of Title, pursuant to Section 20-5.16(E) of
the Land Development Code, for the following properties: 7435 SW 61 5t Avenue (Folio
09-4036-027-0090),6020-6022 S. Dixie Highway (Folio 09-4036-029-0110), 6030 S. Dixie
Highway (Folio 09-4036-027-0011) and a parking lot on SW 61 5t Avenue (Folio 09-4036-
030-0010)
WHEREAS, S. Miami Retail BH, LLC is the Owner of several properties located along SW
74th Street; and
WHEREAS, the property is subject to a Unity of Title recorded August 8, 2015, in OR 29747,
Pages 911-914; and
WHEREAS, the Unity of Title was required by the City pursuant to a Hometown District
administrative development plan (ADP) approval for new construction; and
WHEREAS, at this time, the Owner has purchased the property from the original applicant of
the ADP and does not wish to move forward with the approved plans; and
WHEREAS, the Owner has requested that the City of South Miami release the Unity of Title.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The requested release of the Unity of Title recorded August 8, 2015, in OR Book
29747, Pages 911-914 for the following property described as:
PARCEL A:
Lot 3 and the Southwesterly 19.1 feet of Lot 2, which Southwesterly 19.1 feet adjoins and lies
alongside of Lot 3, for a distance of 94 feet; less the Northwesterly 16 feet of Lot 3 for highway
purposes, Block 1, of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24,
Page 20, of the Public Records of Miami Dade County, Florida; having 6,494 sq/ft more or less;
Property address: 6030 South Dixie Highway, Miami, Florida 33143; Folio Number 09-4036-
027-0011;
PARCELB:
Lots 1, 2, and 3, Block 2, of LARKIN PINES, according to the Plat thereof as recorded in Plat
Book 24, Page 20, of the Public Records of Miami Dade County, Florida; having 24,900 sq/ft
more or less, Property address: 7435 Southwest 61 st Avenue, Miami, Florida 33143; Folio
Number 09-4036-027-0090;
PARCELC:
All of Lot 7, in Block 2, of AMENDED PLAT OF THE SOLOVOFF SUBDIVISION,
according to the Plat thereof, recorded in Plat Book 7, at Page 11, of the Public Records of Miami
Dade County, Florida; and
Pg. 2 of
Res. No. 031-17-14832
Lot 1 less the Northwesterly 16 feet for Right-of-Way and Lot 2 less the Northwesterly 16 feet
for Right-of-Way and less the Southwesterly 19.1 feet of said Lot 2, both in Block 1 of LARKIN
PINES, according to the Plat thereof as recorded in Plat Book 24, Page 20, of the Public Records
of Miami Dade County, Florida. Having all together 11,520 sq/ft more or less; Property Address:
6020 and 6022 South Dixie Highway, Miami, Florida 33143; Folio Number 09-4036-029-0110.
PARCEL D: (PARKING LOT)
Lot 1 of AMERICAN TOWN SITES COMPANY'S SUBDIVISION NO.1 OF LARKIN,
according to the Plat thereof, as recorded in Plat Book 3, at Page 134, of the Public Records of
Miami Dade County, Florida, having 5520 sq/ft. more or less; Folio Number 09-4036-030-0010
is approved and the property is hereby released from the recorded Unity of Title.
Section 2. A copy of this resolution shall be delivered to the Building Department and
kept with the file that had previously been made for the Dixie Acquisitions Number One, LLC
project. All building permits issue by the City of South Miami for construction of improvements
on the subject Property shall be voided.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this21 s t day of February ,2017.
RM, COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Edmond:
5-0
Yea
Yea
Yea
Yea
Commissioner Liebman: Yea
SoutOOiami
THE CITY OF" PLEASAI,:T LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
DATE: February 21, 2017 Agenda Item NO.:~ FROM: Steven Alexander, City Manager
SUBJECT:
"A Resolution relating to the release of a Unity of Title, pursuant to Section 20-5.16(E)
of the Land Development Code, for the following properties: 7435 SW 61st Avenue
(Folio 09-4036-027-0090), 6020-6022 S. Dixie Highway (Folio 09-4036-029-0110),
6030 S. Dixie Highway (Folio 09-4036-027-0011) and a parking lot on SW 61 st Avenue
(Folio 09-4036-030-0010)
BACKGROUND:
On August 5, 2015, the City Commission approved Resolution No. 141-15-14380 aq:epting a
Unity of Title for the following properties: 7435 SW G1 st Avenue, 6020-6022 S. Dixie "Highway,
6030 S. Dixie Highway and a parking lot on SW 61 st Avenue. The Unity of Title was required for
the approval of an administrative development plan (ADP) that had been submitted for the
property. The ADP was never constructed and since that time, the property was sold. The new
owner, S. Miami Retail BH, LLC, does not wish to move forward with. the approved plans.
Instead, the owner wishes to release the Unity of Title and separate the parcels.
ANALYSIS:
Pursuant to Section 20-5.16{E}ofthe Land Development Code,
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.
The conditions and/or criteria which originally required the execution of the unity of title are no
longer applicable, so the owner's request is appropriate.
RECOMMENDATION:
Staff recommends the Mayor and City Commission approve the resolution releasing the Unity
of Title.
Attachment.s:
• Draft Resolution
• Letter from Michael J. Marrero, Esq. dated January 20,2017
IJ
BERCOW RADELL &. FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
VIA HAND DELIVERY
January 20, 2017
DIRECT LINE: (305) 377-6238
E-Mail: MMarrero@BRZoningLaw.com
Ms. Jane Tompkins, Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Request to Release Unity of Title
Dear Ms. Tompkins,
This office represents S Miami Retail BH, LLC (the "Owner"), the current
owner of the following properties (together described as the "Properties"):
7435 SW 61 st Avenue (Folio No. 09-4036-027-0090)
6020-6022 S Dixie Highway (Folio No. 09-4036-029-0110)
6030 S Dixie Highway (Folio No. 09-4036-027-0011)
Parking Lot Parcel (Folio No. 09-4036-030-0010)
The Properties are joined together by a Unity of Title recorded at OR 29747, Page
911 (the "Unity of Title"), which was approved by the City Commission pursuant
to City of South Miami Resolution 041-15-14380. As you are aware, the Unity of
Title was required by the City pursuant to a Hometown District administrative
development approval for new construction. At . this time, the Owner has
purchased the Properties from the prior applicant and no longer seeks to move
forward with the administrative approval. As a result, since the approval is no
longer sought, the Unity of Title should be released by the City, in conjunction
with a withdrawal of the administrative development approval.
Pursuant to our meeting with you from January 10th, 2017, we would like'
to proceed with a release of the Unity of Title. As discussed and pursuant to the
requirements in the City's Land Development Regulations, release of the Unity
SOUTHEAST FINANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300. FAX. 305.377.6222 • WWW.BRZONINOLAW.COM
of Title must be done with the approval of the City Commission at a public
hearing. Attached, please find the attached request and a check for $1,500.00.
Thank you for your assistance in this matter. If you have any questions
please do not hesitate to contact me.
Very truly yours,
~.
Michael J. Marrero
BERCOW RADELL & FERNANDEZ
ZONING:. LANe USE AND ENVIRONMENTAL LAVV
30SE I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
I SUNDAY FEBRUARY 111011
MIAMIHERALD.COM
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public
Hearing(s) at its regular City Commission meeting scheduled for Tuesday, February 21, 2017, beginning at
7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution relating to an application for waiver of plat for the subdivision of property located at
5957 SW 80 Street.
A Resol~tion authorizing the City Manager to enter into a multi-year contract with Marlin Engineerjng,
.Inc., for general engineering serviCes on an as needed basis .
. A Resolution relating to the release of a Unity of Title, pm'suant to Section 20-5.16(E) of the
Land Development Code, for the following properties: 7435 SW 61"1 Avenue (Folio 09-4036-027-0090),
6020-6022 S. Dixie Highway (Folio 09-4036-029-0110), 6030 S. Dixie Highway (Folio 09-4036-027;.(011)
and a parking lot on SW 61"1 Avenue (Folio 09-4036-030-0010).
An Ordinance amending chapter'8A and adding a new section 8A-7 to the City'S Code of Ordinances
for the pUlpose of regulating communication during certain phases of competitive solicitation and
to establish a "Cone of Silence".
An Ordinance amending the Land Development Code, Alticle VII, "Hometown District Overlay Ordinance",
. Sections 20-7.2 and 20-7.5 and Article VIII, "Trans~t-Oriented Development District", Sections 20-8.2 and
20-8.3 relating to the definition of "Story" and maximum building height.
ALL interested parties are invited to attend and will be heard.
For further information, please contact 'the City Clerk's' Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida StalUte.~ 286.0105. the City hereby advises the public that if a per~()n decides to appeal any decision made by this Board. Agency
or Commission with respect to any mntter c()nsidered at its meeting or hearing. he or she will need a record of Ihe proceedings, and thtlt for such
purpose. affected persoll may need to CIl8W'e that a verbatim record of the proceedings is mude which record includes the testimony and evidence
upon which the appeal is Ii, be balled.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review f/kla Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Flonda; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter ef
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-FEB. 21, 2017
in the XXXX Court,
was published in said newspaper in the issues of
02110/2017
. Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Helidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, fer a period of one year next preceding the first
publication ef the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
persen, firm or corporation any discount. rebate, commission
or refund for th purpose of securing this advertisement for
Sworn to and subscribed before me this
10 d;r)E~RUARY'~D.?
~~~~J?dAJ
(SEAL)
OCTElMA V. FERBEYRE personally knewn to me
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING.
NOTICE IS HEREBY given that the City Commission ef t)'le City of South
Miami; FlorIda will conduct Public·Hearing(s) at its regular City Commis~ion
meeting scheduled for Tuesday, February 21,2017, beginning at 7:00 p.m_,
in the City CommiSsion Chambers, 6130 Sunset Drive, to ~nsider the following
item(s): '.
A 'Resolution relating to'an ~pplication for waiver of plat for the
subdivision of 'property located at 5957 SW 80 Street
A Reselution authorizfng the City. Manager to enter Into a multi-year
contract with Marlin Engineering, Inc .. for general engineering services
. on an as needed basis. .
(A'ReS~lution relating to the release ofa'Unity of Tille, purSuant tD
Section 20-5.16(E) of the Land Development Code, for the' follo.wing
. properties: 7435 SW '61st Avenue (FoliO 09-4036-027-0~9~),. 602.0-6022 .. .
S. Dixie Highway (FoDo 09-4036-029-0110), .6030 S. DlXte Highway
. (Folio 09-4036-027-0011). and a parking lot on SW 61st Avenue
. (Folio 09-4036-030-0010). . .
. . .
An Ordinance amending chapter SA and adding a new section' 8A-7
to the City's Code of Ordinances .'fer the purpose of regulating
communication during certain phases of .competitive solicitation
and to establish a 'COne of Silence" •
An Ordinance amending the 'Land Development Gode, Article VII,
"Hometewn District Overlay Ordinance', Sections 20-7.2 and 20-7.5
and Article VIII,· 'Translt-Oriented Development District', Sections
20-8.2 and 20-8.3 relating to the definition of 'Story'" and maximum
building height. .
ALL interested parties are invited to attend and will be heard.
For further InforlT\~tion, please contact the City Clerk's OffICe at:
305-663-6340.
Maria M, Menendez, CMC
. . . City Clerk . .' --
Pursuant to. Flerida Statutes 286.0105, the City hereby advises the public
that if a persen decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter'considered at its meeting or
hearing, he or she will need a recerd ef the proceedings, and that. for such
purpose, affected person may need to .ensure that a verb~tim record of the
proceedings is made which. record includes the testimony and. evidence
upon whiCh the appeal is to be based.
2/10 17 -157/0000197327M
Resolution No. 031-17 -14832
111111111111111111111111111111111111111111111
CFN 2018R03S0S11
OR BK 31033 P9S 413-414 (2P9S)
RECORDED 06/28/2018 09:23:18
riARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
A ResoIutioD relating to tbe release of. UDIty of Title, pursuant to Sectioa 20-5.16(£) of
the Laad Developmeat Code, for the followiDg properties: 7435 SW 61" Aveaae (Folio
09-4036-027-0090), 6Ol~2 S. BiDe Highway (Folio 09-403..,29-(110), 6030 So Dbie
Highway (FoUo 09-4036-027-0011) aad a parking lot on SW 61 st Avenue (Folio 094036-
030-0010)
WHEREAS, S. Miami Retail BH, LLC is the Owner of several properties located along SW
74th Street; and
WHEREAS, the property is subject to a Unity of Title recorded August 8, 2015, in OR 29747,
Pages 911-914; and
WHEREAS, the Unity of Title was required by the City pursuant to a Hometown District
administrative development plan (ADP) approval for new construction; and
WHEREAS, at this time, the Owner has purchased the property from the original applicant of
the ADP and does not wish to move forward with the approved plans; and
WHEREAS, the Owner has requested that the City of South Miami release the Unity of Title.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The requested release of the Unity of Title recorded August 8, 201S, in OR Book
29747, Pages 911-914 for the following property described as:
PARCEL A:
Lot 3 and the Southwesterly 19.1 feet of Lot 2, which Southwesterly 19.1 feet adjoins and lies
alongside of Lot 3, for a distance of 94 feet; less the Northwesterly 16 feet of Lot 3 for highway
purposes, Block 1, of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24,
Page 20, of the Public Records of Miami Dade County, Florida; baving 6,494 sqlft more or less;
Property address: 6030 South Dixie Highway, Miami, Florida 33143; Folio Nwnber 09-4036-
027-0011;
PARCELB:
Lots 1, 2, and 3, Block 2, of LARKIN PINES, according to the Plat thereof as recorded in Plat
Book 24, Page 20, of the Public Records of Miami Dade County, Florida; having 24,900 sqlft
more or less, Property address: 7435 Southwest 61 st Avenue, Miami, Florida 33143; Folio
Number 09-4036-027-0090;
PARCELC:
All of Lot 7, in Block 2, of AMENDED PLAT OF THE SOLOVOFF SUBDIVISION,
according to the Plat thereof, recorded in Plat Book 7, at Page II, of the Public Records of Miami
Dade County, Florida; and
Res. No. 031-17-14832 OR BK 31033 PG 414
LAST PAGE
Lot 1 less the Northwesterly 16 feet for Right-of-Way and Lot 2 less the Northwesterly 16 feet
for Right-of .. Way and less the Southwesterly 19.1 feet of said Lot 2, both in Block 1 of LARKIN
PINES, according to the Plat thereof as recorded in Plat Book 24, Page 20, of the Public Records
of Miami Dade Co~, Florida. Having all together 11,520 sq/ft more or less; Property Address:
6020 and 6022 South Dixie Highway, Miami, Florida 33143; Folio Number 094036-029-0110.
PARCEL D: (pARKING LOn
Lot I of AMERICAN TOWN SITES COMPANY'S SUBDIVISION NO.1 OF LARKIN,
according to the Plat thereof, as recorded in Plat Book 3, at Page 134, of the Public Records of
Miami Dade County, Florida, having 5520 sqlft. more or less; Folio Number 094036-030-0010
is approved and the property is hereby released from the recorded Unity of Title.
SeetiOD 2. A copy of this resolution shall be delivered to the Building Deparbnent and
kept with the file that bad previously been made for the Dixie Acquisitions Number One, LLC
project. All building permits issue by the City of South Miami for construction of improvements
on the subject Property shall be voided.
Seetion 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
SeetiOD 4. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this21 stdayofFebruary ,2017.
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
CommissiQn~1' ~ond: . Yea
Yea
I ,