Res No 001-22-15754RESOLUTION NO. 001-22-15754
A Resolution relating to the review and approval of a Unity of Title request to
unify the properties located at 6301 Sunset Drive (Folio #09-4025-013-0010)
and 6333 Sunset Drive (Folio #09-4025-022-0580).
WHEREAS, Sunset MGMT, LLC, the owner of both the property located at 6301
Sunset Drive (folio 09-4025-013-0010) and the adjacent property at 6333 Sunset Drive (folio
09-4025-022-0580, submitted a request for Unity of Title to combine the two (2) properties
together; and
WHEREAS, the properties are located in the Residential Office (RO) zoning district;
and
WHEREAS, the property located at 6333 Sunset is developed with an existing one-
story building that houses the applicant's childcare facility and an off-street surface parking lot;
and
WHEREAS, the property located at 6301 Sunset is developed with a two-story office
building and an off-street parking surface parking lot; and
WHEREAS, the applicant has applied for a Special Use approval to expand the
childcare facility into the first floor of the building at 6301 Sunset; and
WHEREAS, 6301 Sunset does not provide enough off-street parking to satisfy the
parking requirements of the Land Development Code for childcare facilities, but 6333 Sunset
has enough surplus parking that it can provide the additional spaces; and
WHEREAS, the applicant is requesting the Unity of Title so the childcare facility will
comply with the regulations 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 foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption hereof.
Section 2. The City Commission hereby approves the attached Unity of Title document
for:
Lot 3, less the East 5 feet and less the North 10 feet and less the South 15 feet for right-of-way, and all of
Lots 4 & 5, less the North 10 feet thereof and less the South 15 feet thereof, in Block 1, of ROY AL PALM
Page 1 of2
Res . No. 00 1 -22 -1575 4
VILLAS , acco rd in g t o th e p lat thereof as Recorded in Plat Book 19 , Pa ge 17, of the Public Record s o f
M iam i-Dad e Cou nty, Flo rida .
AN D
Lots 9, 10 , I 1,12,13,14 and 15 , in B lock 9, of COCO PL UM TERRACE, accordi ng t o t he pl a tthereofas
Recorded in Plat Book 25 , at Pa ge 4 , in th e Public Rec o rd s of M iam i-D ade Co unty , F lo rida , less the South
15 feet of Lo ts 10 through 15, and that pa l1 o f Blo c k 9 w hi c h lie s w ithin th e ex ternal a rea formed by a 25
foo t arc concave to th e No rtheas t tangent to the We s t line of sai d B lock 9 and ta nge nt to a line t hat is 15
feet North of a nd para ll e l to t he Sou th l ine of sa id Block 9, fo r road p urp oses.
AND
Lot s I a nd 2 , and the East 5 feet o f Lo t 3, in B loc k I, less the No rth 10 feet thereof a nd less th e South 15
feet fo r ri g ht-of-way, of: "ROYAL PALM VILLAS ", acco rdi ng to the Plat The reo f as Recorded in Plat
Book I 9 , Pa ge 17 , of t he Public Rec o rd s of Miami-Dade Co unty, Flor ida , a nd
Lot 6 a nd t he No rth 10 fee t of Lots I thro ug h 5, in B lock I. of: "ROYAL PALM V ILL AS ", accord in g to
t he Plat Thereof as Recorded in Plat Book 19 , Pa ge 17. o f th e Publi c Record s of Miami-Dade Co unty,
Florida.
Section 3. The s urvey of th e s ubj ect U nity of T itl e document is attached to thi s reso lution
and identified a s Ex hibi t "A ".
Se ction 4 . Correction s. Confo rm ing language or t ec hni ca l sc ri ven e r-t y pe correction s
m ay be m ade by th e C ity Attorney for a n y conformin g a m e n dments to be in co r por a t ed into the
fin a l r esolut io n for s ignat ure .
Se ction 5. Severab ili ty. I f a ny section clause, senten ce, o r ph rase of thi s reso luti o n is
for any reason h e ld inva li d or un con s tituti o n a l b y a co urt of competent juri s d ict io n , t h e holdin g
w ill n o t affec t th e va lidi ty of t h e rema ining portion s o f thi s reso luti o n.
Sect ion 6. Effect ive Date. Th is resolut ion wi ll become effecti ve immediately upon
adoption.
P ASSED AND ADOPTED t hi s 41h, day of Janua r y. 2022.
ATTEST: A PPROVED:
COMM ISS IO N VOTE: 5-0
Mayor Philips : Yea
Co mmi ss io n er Co rey : Yea
Co mmi ss ioner G il: Yea
Co mmi ssioner H a rri s: Yea
Co mmi ss ioner Liebma n: Yea
Pa ge 2 of 2
City Commission Agenda Item Report
Meeting Date: January 4, 2022
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
Agenda Item No:1.
A Resolution relating to the review and approval of a Unity of Title request to unify the properties located at 6301
Sunset Drive (Folio #09-4025-013-0010) and 6333 Sunset Drive (Folio #09-4025-022-0580). 3/5 (City
Manager-Planning Dept.)
Suggested Action:
Attachments:
eM Memo 6301 Sunset Unity of Title.docx
6301 Sunset Drive Unity of Title Application.pdf
6301 Sunset Drive Unity of Title LOl.pdf
Revised Survey 6301 Sunset Drive.pdf
1
THE 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: Shari Kamali, City Manager
FROM: Jane K. Tompkins, Planning and Zoning Director
Date: January 4, 2022
SUBJECT:
A Resolution relating to the review and approval of a Unity of Title request to unify the
properties located at 6301 Sunset Drive (Folio #09-4025-013-0010) and 6333 Sunset Drive (Folio
#09-4025-022-0580).
BACKGROUND:
Sunset MGMT, LLC, the owner and applicant of both the property located at 6301 Sunset Drive
and the adjacent property at 6333 Sunset Drive, is requesting approval from the City Commission
to unite the two (2) properties via the City's Unity of Title process. Located in the Residential
Office (RO) zoning district, both properties are developed with commercial buildings and off-
street surface parking lots. The two-story building at 6301 Sunset is an office building. The
applicant has operated a childcare facility in the 6333 property since 2012, and now wishes to
expand its operations into the first floor of the 6301 property. The second floor of the building at
6301 will continue to be leased to office uses. An application for a Special Use approval for a
childcare facility is pending. Planning Department staff and the Planning Board recommend
approval of the Special Use, with the condition that the properties be joined by a Unity of Title.
ANALYSIS:
Pursuant to Section 20-S.16{A) of the Land Development Code (LDC), 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.
2
6301-6333 Sunset Drive Request for Approval of Unity of Title
January 4, 2022
Page 2 of2
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.
Childcare facilities have a higher parking standard than office uses, and the 6301 property does
not provide enough parking to accommodate the change from office use to childcare use. 6333
Sunset, however, not only has enough parking to accommodate the childcare use on that
property, it has enough to provide the additional parking needed for 6301. Consequently, the
Unity of Title is required to meet the minimum zoning requirements for the new childcare facility.
PLANNING BOARD RECOMMENDATION:
Not applicable. Unity of title applications are not reviewed by the Planning Board.
RECOMMENDATION:
Staff recommends that the Unity of Title for the properties listed below be approved.
Lot 3, less the East 5 feet and less the North 10 feet and less the South 15 feet for right-of-way,
and all of Lots 4 & 5, less the North 10 feet thereof and less the South 15 feet thereof, in Block 1,
of ROYAL PALM VILLAS, according to the plat thereof as Recorded in Plat Book 19, Page 17, of the
Public Records of Miami-Dade County, Florida.
AND
Lots 9, 10, 11, 12, 13, 14 and 15, in Block 9, of COCOPLUM TERRACE, according to the plat thereof
as Recorded in Plat Book 25, at Page 4, in the Public Records of Miami-Dade County, Florida, less
the South 15 feet of Lots 10 through 15, and that part of Block 9 which lies within the external
area formed by a 25 foot arc concave to the Northeast tangent to the West line of said Block 9
and tangent to a line that is 15 feet North of and parallel to the South line of said Block 9, for
road purposes.
AND
Lots 1 and 2, and the East 5 feet of Lot 3, in Block 1, less the North 10 feet thereof and less the
South 15 feet for right-of-way, of: "ROYAL PALM VILLAS", according to the Plat Thereof as
Recorded in Plat Book 19, Page 17, of the Public Records of Miami-Dade County, Florida, and
Lot 6 and the North 10 feet of Lots 1 through 5, in Block 1, of: "ROYAL PALM VILLAS", according
to the Plat Thereof as Recorded in Plat Book 19, Page 17, of the Public Records of Miami-Dade
County, Florida.
ATTACHMENTS:
• Draft Resolution
• Draft Unity ofTitle
• Application Form
• Letter of Intent
• Exhibit A: Boundary Survey
JKT/MWl
e:\Users\EASYPD-l \AppData \Loca 1\ Temp \Bel Technologies\easyPDF 8\@BCL@OOODS2AA\@BCL@OOODS2AA,docx
3
· .
This instrument was prepared by:
Document prepared by:
Suzanne A. Dockerty, Esq.
Suzanne A. Dockerty, P.A.
110 Merrick Way, 3-8
Coral Gables, FL 33134
i
Folio Nos.: 09-4025-013-0010 and 09-4025-022-0580
UNITY OF TITLE
CFN: 20220045654 BOOK 32963 PAGE 1364
DATE:01/14/2022 08:06:14 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
(Space reserved for Clerk)
WHEREAS, the undersigned is the Owner of the following legally described
property:
Parcell
Lots 1 and 2 and the East 5.00 feet of Lot 3, in Block 1, less the North 10 feet and
less the South 15 feet thereof, and less that part of Block I which lies within the
external area formed by a 25 foot radius arc concave to the Northwest, tangent to
the East I ine of said B lock I and tangent to a line that is 15 feet North of and
parallel to the South line of said Block 1, of Royal Palm Villas, according to the
plat thereof as recorded in Plat Book 19 at Page 17, of the Public Records of
Miami-Dade County, Florida and all of Lot 6 and North 10 feet of Lots 1 through
5, in Block 1, of Royal Palm Villas, according to the plat thereof as recorded in
Plat Book 19 at Page 17, of the Public Records of Miami-Dade County, Florida,
hereinafter referred to as the "Property"; and
Parcel 2
Lot 3, less the East 5 feet and less the North 10 feet and less the South 15 feet for
right-of-way, and all of Lots 4 & 5, less the North 10 feet thereof and less the
South 15 feet thereof, in Block I, of Royal Palm Villas, according to the Plat
thereof as recorded in Plat Book 19, Page 17, of the Public Records of Miami-
Dade County, Florida.
and,
Lots 9, 10, 11, ]2, 13, 14 and 15, in Block 9, of Coco plum Terrace, less the South
] 5 feet of Lots 10 through 15, and that part of Block 9 which lies within the
external area formed by a 25 foot arc concave to the Northeast tangent to the West
line of said Block 9 and tangent to a line that is 15 feet North of and parallel to the
South line of said Block 9, for road purposes, according to the Plat thereof as
recorded in Plat Book 25, at Page 4, in the Public Records of Miami-Dade
County, Florida, hereinafter referred to as the "Property".
CFN: 20220045654 BOOK 32963 PAGE 1365
WHEREAS, the Property currently has two tracts under the Folio number 09-
4025-013-0010, with a street address of 6301 SW 72 Street, South Miami, Florida and
Folio number 09-4025-022-0580 with a street address of 6333 SW 72 Street, South
Miami, Florida, which are to be united; and
WHEREAS, Owner recognizes and acknowledges that, the Property is being
unified for the benefit of the public health, safety and welfare, and
WHEREAS, in consideration of approval of a building permit by the City of
South Miami for construction of a building on the Property.l and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner hereby agrees to restrict the use of the Property in the following manner:
1. Unified Parcel. The Property is hereby unified as one parcel of land and
no portion of said parcel of land may be conveyed, sold, transferred, devised, assigned,
mortgaged, or leased separate and apart from each other and they must be held together as
one tract with the following exceptions:
a. If there are multiple offices, apartments, townhomes, or
condominium units, this Unity of Title does not prohibit the leasing of individual
offices, townhomes or apartment units, the recording of a declaration of
condominium on the property or the individual sale of condominium units andlor
townhomes, provided the conveying or leasing document is approved as to fonn
and substance by the City Attorney and that it is subject to and bound by this
Unity of Title and that this Unity of Title takes precedence and governs any
ambiguity or conflict between the two (2) documents; and
b. This Unity of Title does not prohibit the sale, lease, sublease,
encumbrance or mortgage of one or more of the unified parcels or any portion of
the Property provided the applicable conveyance, lease, sublease, encumbrance,
or mortgage document, approved as to form and substance by the City Attorney,
contains the same tenns, conditions, restrictions, and understandings as this Unity
of Title. Nothing contained herein may be construed to exempt property from
taxation when the property is not tax exempt at the time of the unification of title.
2. City Inspection. It is hereby understood and agreed that any official
inspector of the City of South Miami, or its agents duly authorized (Inspector), may have
the privilege at any time during normal working hours before the issuance of a certificate
of occupancy, certificate completion or certificate of use for the entire structure, whichever
is applicable and whichever is issued last, to enter and inspect the Property to determine
whether the Property is in compliance with this Unity of Title and the resolution approving
it, the City's Land Development Code, the City's Code of Ordinances, the City's
Comprehensive Plan, and the Florida Building Code.
CFN: 20220045654 BOOK 32963 PAGE 1366
3. Covenant Running with the Land. This Unity of Title constitutes a
covenant running with and binding the land and must be recorded, at Owner's expense, in
the Public Records of Miami-Dade County, Florida. It will remain in full force and effect,
and its restrictions are binding upon the current and future owner, including the owner's
heirs, successors, personal representatives, assigns, mortgagees and lessees, until such time
as it is released.
4. Release. This Unity of Title may not be released except upon approval by
resolution passed and adopted by the City Commission, after a public hearing, and approved by
the City Attorney, executed by the City Manager and attested to by the City Clerk. The release
of this Unity of Title is contingent upon the cessation of the current conditions, as well as the
cessation of any future condition, that require the execution and recording of a Unity of Title and
provided there is no further reason to maintain this Unity of Title on the public records in
order to comply with the City's Land Development Code.
5. !!!:m.. This Unity of Title is to run with the land and is binding on all
persons claiming an interest in the Property for a period of thirty (30) years from the date
that this Unity of Title is recorded and after which time its tenn win be extended
automatically for successive periods of ten (10) years each, unless it is released. The City
has the right to re-record this Unity of Title from time to time, at the City's own expense,
in the City's sole discretion and the Owner or the Owner's successor in title agrees to sign an
original of this Covenant when and if required for its re-recording.
6. Enforcement. The City, in its sole discretion, may take action against any
person who violates, or attempts to violate, any of the terms of this document and the City
has the right to injunctive relief for specific perfonnance, in addition to any other remedies
available at law, in equity or both.
7. Authorization for the City to Withhold Permits and Inspections. In the
event the terms of this Unity of Title are not being complied with, in addition to any other
remedies available, the City is authorized to withhold the issuance of any further pennits
and refuse to make any inspections or grant any approvals, until such time as the Property
is in compliance with this Unity of Title.
8. Election of Remedies. All rights, remedies and privileges granted herein
are cumulative and the exercise of anyone or more may never constitute an election of
remedies, nor may it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
9. Severability. If shy section, clause, sentence, or phrase of this Unity of Title
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding will not affect the validity of the remaining portions of this document.
Signed, witnessed, executed and acknowledged this -':P-day of ~
20.D?-/ -
, . CFN: 20220045654 BOOK 32963 PAGE 1367
Witnesses: Owner:
By: 'Y1.S~
~~'Ul.I!I.C.-::r=--=.:~~-'-r (Print Name): a\.) £.. \...~.u StJP Jl.~2..
STAT OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that, on this day, before me, an officer duly
authorized in the State of Florida and Coun ,.foresaid to administer oaths and take
acknowledgments, personally appeared ~'O~ <A..tl (' .(f-, , who, after
being duly sworn, acknowledged before me the execution of the foregoing
instrument for the purposes therein expressed, and who produced
{tJ:>ei.\JeliS£.icel1 f{..as identification.
,t\ WIT~S my hand and official seal in the Coun I!.L day of C<.n.~9' 20.2.L-
nd State last aforesaid, this
My Commission Expires:
......... C FERN'A LlDEZ i~~'t.~\ IDORKA. 1\1' =.: ~-'·A·~ ~*: MY COMMISSION # GG 922934
\~·6·lt EXPIRES: November 18, 2023 .-:.:~~?~~~ .. , Bonded Thru Notary Public Underwriters
City of South Miami
PlannIng & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
THE CITY OF PLEASANT LIVING Telephone: (305) 663-6326
Application for Public Hearing or Administrative Review
~d~OfSUbjectprop~ ~ g ufh M ami Lot(s) -Block __ SubdMslon l.J 'SW 1'2 ~ 0 " PB _-_
Meets & Bounds: fi. o~1 ~3
Applicant: ~un~~J-MfaMT. LLt. Phone: -'BLP-2-~-t y..{p 7
Representative: NeJ~M ~lI'AreL organizatiOnj un&e+ MefV\ ~
Address: Phone: l€JlP2~-ILl-VI
Property Owner. ~urVSe.t M6MT, LLC. Signature: -rl ~ ~
Mailing Address: PO 60 " 4'b12>-3B Ml~~ Phone: --,~U 2~ 14 (.p --,
Architect/Engineer. Phone:
UL.
~ APPLICANT. PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_ wner _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 _ Special Exception -Letter of intent
_ Zoning Map Amendment ~erofPlat _ Cost Recovery Affidavit
_ PUD Approval _ nity of Title ~tifiCatiOnSfOrChange
_ PUD Major Change -Abandonment of ROW nltyofTrtle
-Variance -Administrative Review _ Statement of hardship
_ Special Use _ Other (Please Specify) _ Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections: _ Contract to purchase
~urrent survey (1 original sealed and
signed/1 reduced copy @ 11· X 17")
_ 2 copies of Site Plan and Floor Plans
24 x 36·, 7 reduced copy @ 11" x 17"
_ Affidavit-Receipts attesting to mall
notices sent
Sectlon: __ Subsectlon: __ Page #: __ Amended Date:
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The undersi~ed has read this completed application and represents that the infonnation and all submitted materials are true and
~~t"r of the appli t's fmowlecfge apd beli(t ,
_-----=-Y_ l __ ~-.:....A.:....-( e_i '_Qa_,,+ N et <1Y1 ~t;O.re.z.. . I 2-1 ~ I L(
Applicant's Signature and ti e Print Name Date
Upon receipt, applications and all submitted materials will be reviewed for comj)liance 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 Flied Date of PB Hearing_____ Date of Commission ____ _
Petition Required__ Petition Accepted _____ _
Method of Pa ent
10
December 17, 2021
Ms. Jane Tomkins
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Ms. Tompkins:
Sunset MGMT, LLC
PO Box 431469 I Miami, Fl33243
Re: Letter of Intent for Unity of Title
We are applying for a unity of title for 6301 SW 72nd Street, South Miami, FL 33143 with 6333 SW 72nd
Street (Sunset Drive), South Miami, FL 33143.
The purpose of the application is to approve a unity of title in substantially the same form as that attached
Unity of Title application that describes the properties owned by Sunset MGMT.
We respectfully request approval of the application.
-lle~-//
Nelson Suarez
President
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