Res No 140-19-15412RESOLUTION NO.140-19-1 541 2
A Resolution relating to the review and approval of a Unity of Title request,
unifying property located at 7435 SW 61 st Avenue (Lots 1,2, and 3, Block 2,
Larkin Pines, according to the map or plat thereof as recorded in Plat Book
24, Page 20, and Lot 1, American Townsites Company's Sub-Division No.1 of
Larkin, according to the map or plat thereof as recorded in Plat Book 3, Page
134) all as recorded in the Public Records of Miami-Dade County.
WHEREAS, ECI SOMI LLC submitted a request for unity of title to combine
properties located at 7435 SW 61 st Avenue (Lots 1,2, and 3, Block 2, Larkin Pines, according
to the map or plat thereof as recorded in Plat Book 24, Page 20, and Lot 1, American Townsites
Company's Sub-Division No.1 of Larkin, according to the map or plat thereof as recorded in
Plat Book 3, Page 134) all as recorded in the Public Records of Miami-Dade County; and
WHEREAS, the Unity of Title request is in relation to the future redevelopment of the
properties into a mixed-use development consisting of residential, retail, and office uses; 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:
for:
Section 1: The City Commission hereby approves the attached Unity of Title document
Parcell:
Lots 1, 2, and 3, Block 2, Larkin Pines, according to the map or plat thereof as recorded
in Plat Book 24, Page 20, Public Records of Miami-Dade County, Florida.
And
Parcel 2:
Lot 1, American Townsites Company's Sub-Division No.1 of Larkin, according to the
map or plat thereof as recorded in Plat Book 3, Page 134, Public Records of Miami-
Dade County, Florida.
Section 2: The survey of the subject Unity of Title document is attached to this resolution
and identified as Exhibit "A".
Section 3: This resolution shall be effective immediately upon adoption.
Page 1 of2
Resolution No. 140-19-15412
PASSED AND ADOPTED this 5t", day of November, 2019.
ATTEST:
C IT CLE
APPROVED:~ .
Il{tlt/!
COMM ISSION VOTE:
Mayor Stoddard:
Vice-Mayor Harris:
Commissioner Gil:
Comm iss io ne r Liebman:
Comm is s io ner Welsh:
Pa ge 2 of 2
5-0
)
Yea
Yea
Yea
Yea
Yea
City Commission Agenda Item Report
Meeting Date: November 5,2019
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
Agenda Item No:5.
A Resolution relating to the review and approval of a Unity of Title request, unifying property located at 7435 SW
61 st Avenue (Lots 1, 2, and 3, Block 2, Larkin Pines, according to the map or plat thereof as recorded in Plat
Book 24, Page 20, and Lot 1, American Townsites Company's Sub-Division No.1 of Larkin, according to the
map or plat thereof as recorded in Plat Book 3, Page 134) all as recorded in the Public Records of Miami-Dade
County. 3/5 (City Manager-Planning Dept.)
Suggested Action:
Attachments:
7435 SW 61 Avenue Unity of Title Unity of Title CM Memo.docx
7435 SW 61 Ave Unity of Title Resolution.docx
Letter of Intent. pdf
Application.pdf
Unity of Title (7435 SW 61 Avenue) ECI Somi LLC.pdf
Warranty Deed.pdf
Survey. pdf
1
THE CITY OF PL.EASANT 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: Jane K. Tompkins, Planning and Zoning Director
Date: November 5, 2019
SUBJECT:
A Resolution relating to the review and approval of a Unity of Title request, unifying
property located at 7435 SW 61st Avenue (Lots 1,2, and 3, Block 2, Larkin Pines,
according to the map or plat thereof as recorded in Plat Book 24, Page 20, and Lot 1,
American Townsites Company's Sub-Division No.1 of Larkin, according to the map or
plat thereof as recorded in Plat Book 3, Page 134) all as recorded in the Public Records
of Miami-Dade County.
BACKGROUND:
ECI SCMI LLC has developed plans for a new, mixed-use (residential, retail, and office) project at
7435 SW 61 st Avenue. The property consists of multiples lots, and two buildings are proposed,
one for retail and office uses and the other a multi-family residential use. Consequently, a Unity
of Title must be approved by the City Commission and recorded to combine the properties and
allow development of the project.
ANALYSIS:
The Unity of Title is required for the project to comply with Section 20-5.16(A)(2) of the Land
Development Code (LDC), which states that a Unity of Title shall be required "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".
The applicant is proposing to combine several lots in order to develop a retail/office building and
a multi-family residential building. The portion of the site on which the retail/office building will
be built is in the Hometown District Overlay (HD). As such, parking is not required for those uses.
The multi-family residential building, however, is outside of the HD and is subject to minimum
parking requirements. The development will have one driveway serving both buildings and
parking will be provided throughout the site. BY' providing parking throughout the property,
enough spaces can be provided so that the project will comply with the code requirements.
2
7435 SW 61 st Avenue -Request for Approval of Unity of Title
November 5, 2019
Page 20f2
RECOMMENDATION:
Staff recommends that the Unity of Title request for the properties listed below be approved.
• lots 1, 2, and 3, Block 2, larkin Pines, according to the map or plat thereof as recorded in
Plat Book 24, Page 20
• lot 1, American Townsites Company's Sub-Division No.1 of larkin, according to the map
or plat thereof as recorded in Plat Book 3, Page 134
I
all as recorded in the Public Records of Miami-Dade County.
ATTACHMENTS:
• Draft Resolution
• letter of Intent
• Application Form
• Draft Unity of Title
• Warranty Deed, recorded on September 4, 2018
• Boundary Survey
JKT
C:\Users\EASYPO-l\AppOata\Local\Temp\BCL Technologles\easyPOF 8\@BCL@COOEF959\@BCL@COOEF959.docx
3
WEISS SEROTA HELFMAN
COLE & BIERMAN
__ -_--_-_-_--_' .... AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
Via Hand Deliyery
Jane K. Tompkins, AICP
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
October 1, 2019
CHAD S. FRIEDMAN, MEMBER
CEriedman@wsh-law.com
Re: Letter of Intent / ECI SOMI LLC/ Property located at 7435 S.W. 61st
Avenue, South Miami, Florida (the "Property") / Unity of Title
Dear Ms. Tompkins:
On behalf of our client, ECI SOMI LLC (the "Applicant"), we respectfully submit this
letter of intent in connection with your Department's rules and regulations for filing an
Application for Public Hearing (the "Application"). The Property consists of .71 acres and was
formerly a part of the Fox's Lounge property. The Property is unique in that it has split zoning-
Hometown District (HD) along S.W. 74th Street, and Mediwn Density Multi-Family Residential
(RM-24) along S.W. 6pt Avenue.
The Property was platted in 1913 and 1925 consisting of several abutting lots. For your
convenience and review, a copy of the plats are enclosed. On August 15, 2015, the City
Commission approved Resolution No. 141-15-14380 accepting the Unity of Title of the Property
along with several other properties in the adjoining area. However, on February 21,·2017, the
City Commission approved a resolution releasing the Unity of Title as the Property owner did
not want to proceed with the previously approved site plan for the Property. In 2018, the
Applicant purchased the Property and plans to propose a development across several lots.
Section 20-5.16 of the City Code provides that a Unity of Title is required in such circumstances
to be reviewed and approved by the City Commission. Therefore, enclosed is our Application
requesting City Conunission approval of our Unity of Title on the Property.
2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 I 305-854-0800 I www.wsh-law.com
6
Jane K. Tompkins
October 1,2019
Page 2 of2
Thank you for your consideration of this Application. We look forward to your favorable
review. If you could please place our request on the next available City Commission agenda that
would be greatly appreciated. If we can provide you with additional infonnation or documents,
please do not hesitate to contact me at (305) 854-0800.
CSF/mea
3705.001
Enclosures
cc: Manny Mato (via email)
Very truly yours,
~p~
Chad S. Friedman
7
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City of Soutb Miami
Planning & ZOl1il1R Deparl111el1t
City 1-1,,11. 6130 Sunset Drive, South Miami, Florida 33143
THE CITY OF PLEASANT LIVING Telephone: (305) 663-6326; Fax: (305) 666-4591
Applicationfor Public Ifearing or Administrative Review
Address of Subject Property: 7435 S. W. 61 Avenue
Lot(s) __ Block --Subdivision
PB -
Meets & Bounds: --See Attached Legal Description
Applicant: Manuel Mato Phone: 305-498-8585
Representative: Chad S. Friedman Organization: Weiss Serota Helfman Cole & Bierman, P.L.
cfriedman@wsh-Iaw.com
Address: 2525 Ponce de Leon Blvd., Suite 700 Phone: 305-854-0800
Coral Gables, FL 33134
Property Owner: ECI Somi, LLC Sign~ -. ~, -
Mailing Address: 135 San Lorenzo Ave., Suite 740 Phone: 305-498-8585
Coral Gables. Florida 33146
Architect/Eng i neer: Phone:
A~HE APPLICANT. PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_Owner _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 LOC _ Special Exception .x Letter of intent
_ Zoning Map Amendment -Waiver of Plat .x Cost Recovery Affidavit
_ PUO Approval .x Unity of Title _ Justifications for change
_ PUO Major Change -Abandonment of ROW .x Unity of Title
-Variance -Administrative Review _ Statement of hardship
_ Special Use _ Other (Please Specify) .K Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections: _ Contract to purchase
Pursuant to Section 20-5.16 of the City Code, a Unity of Title is X Current survey (1 original sealed and
required since a proposed development project is to be built on signed/1 reduced copy @ 11" x 17")
two or more abutting platted plots. _ 2 copies of Site Plan and Floor Plans
24 x 36",7 reduced copy @ 11" x 17"
_ Affidavit-Receipts attesting to mail
notices sent
Section: -2Q. Subsection:5..li) Page #: __ Amended Date:
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The ndersie.ned has read this completed application and represents that the information and all suhmitted materials are true and
cartee to the b·' licant"s knowlcd~c and helief.
~ fV 1 AI1l-\f( jl lr,4-v q' / LIo/14 <------------~---~ . . .. --~-~----r-r-
-----ApflHettn' Signature and tith.: , L c Print Name Date .
f1.t... (\ ".t:V-\ C"c..l .5 -.l,v,. I L
Upon reccipf. appl{cations and all submitted materials will be reviewed for compliance with th\! Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and rClumed to the applicant.
OFFICE USE ONLY:
Date Filed 10-/-11
Petition Required __ _
Date of PB Hearing----.N.z...&;;A1--__ Date of Commission ____ _
Petition Accepted _____ _
Method of Pa ment 10
LEGAL DESCRIPTION
Parcell:
Lots 1, 2 and 3, Block 2, Larkin Pines, according to the map or plat thereof as
recorded in Plat Book 24, Page 20, Public Records of Miami-Dade County,
Florida.
Parcel 2:
Lot 1, American Townsites Company's Sub-Division No.1 of Larkin, according to
the map or plat thereof as recorded in Plat Book 3, Page. 134, Public Records of
Miami-Dade County, Florida.
11
Firefox
lof3
about:blanl
CFN: 20200544374 BOOK 32115 PAGE 1719
DATE:09/24/2020 04:03:21 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
This instrument was prepared by:
Chad S. Friedman
Weiss Serota He11inan Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Follo Nos. 09-4036-027-0090; 09-4036-030-0010
UNITY OF TITLE
(Space n"SeJ"Vrd (or Clerk)
WHEREAS t the undersigned is the Owner of that property described as:
Por~ll:
Lots 1, 2 and 3, Block 2, Larkin Pines, according to the map or plat thereof as
recorded in Plat Book 24, Page 20, Public Records of Miami-Dade County, Florida.
Parcell:
Lot 1, American Townsites Company's Sub-Division No.1 of Larkin, according to
the map or plat thereof as recorded in Plat Book 3~ Page 134, Public Records of
Miami-Dade County, Florida.
hereinafter referred to as the ·'Property."
The Property currently has two Folio Numbers. to wit: 09-4036-027-0090 and 09-4036-030-0010,
with a street address of 7435 S. W. 6 j 51 Avenue, South Miami, Florida 33143.
Owner recognizes and acknowledges that for tbe benefit of the public health, safety and welfare,
the Property must Dot be divided into separate parcels owned by several owners so iong as the
Property is put to the use that required the execution and recording of this Unity of Title, and
In consideration of approval of a building permit by the City of South Miami for constnlctioll of a
building 011 the Property, and for other good and valuable cOJ1sidcratio~ the receipt and
sufficiency of which are hereby acknowledged, Owner bereby agrees that the Property will be
considered as one parcel of land and no portion of said parcel of land shall be sold, transferred.
devised, assigned, mortgaged or leased separately. H()wevC!c, no provision of this instrument shall
be construed as to prohibit the lease of individual office or apartment units, the recording of a
declaration of condominium on the Property or the individual sale of condominium units.
8/24/2020. 4:26 p~
Firefox
CFN: 20200544374 BOOK 32115 PAGE 1720
about:blanl
Cft\' In~pccUon. It is bereby understood and agreed that any official inspector oftbe City
of South Miami, or its agents duly authorized, may have the privnege at any time during nOlmal
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 Jast, 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, tile City's Code of
Ordinances, the City's Comprehensive Plan, and the Florida Building Code.
CU\'CIUUlt RUlluwg ",illllh~ Liliid. This U11ity of Title s11all constitute a covenant running
witb the land and shall 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.
R~lease. This Unity of Title shall 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 the Unity of Title .is
contingent upon the cessation of the current conditions, as well as dle 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 the Unity of Title on the public records in order to comply with the City's Land
Development Code.
Term. This Unity of Title is to run with the land and shall be 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 shall be extended automatically for successive
periods often (10) years each, unless it is released. The City sbal1 have 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.
Enforcement. TIle 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 shall have the right
to injunctive relief for specific performance. in addition to any other remedies avajlable at law, in
equity or both.
AuthOl"lliltion for Ihe Clht to \\~III,hold Pe,·nllts and Inspections. In the event the tenns
of this Unity of Title are not being complied with, in addition to Rny other remedies available. the
City is authorized to withhold the issuance of any further permits. and refuse 10 make mlY
inspections or grant any approvals, until such time as the Property is in compliance witll this Unity
of Title.
E]('c1ion of Reml'dies. AU rights, remedies and privileges granted herein shaJl be deemed
to be cumulative and the exercise of anyone or more shaH neither be deemed to constitute an
election of rcmedies, nor shan it preclude the party exercising the samc from excl"Cising such other
additional rights. remedies or privileges.
2
Firefox
CFN: 20200544374 BOOK 32115 PAGE 1721
about:blan
Sevel'abllU\', If any section, clause, sentence~ or phrase of this Unity of TitJe is for any
reason held jnvalid or llnconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this document.
Signed, 'Witnessed, executed aDd acknowledged on this !L day of August 2020.
WITNESSES:
>s~~·
Ig,q&c,rro ICOEN Of fA ,RIIl4
Print,N~.;.,.. . *J
,'" :.",.. ' .
8igoaiury , ' .. -. -:
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
): ss
----~
~~----------~~------~uel~ato,~anager
590 1 SW 74 Street, Suite 211
South Miami, Florida 33143
I HEREBY CERTIFY that on this day, before me by means of /' physical presence or
__ online notarization, by rllc;n", I rn"fo_ of M~~ tic, ~)\'po is personally
known to me, or bas produced __ . ._., __ .... as ideinification and who
executed the foregoing instrument and acknowledged before me that he executed the same.
f
WITNESS my hand and officia] seal in the County and State this 31 t' ~:7"f August 2020,
// ~=~~ ~~~·~tLar-;--~~ ,,~~~ltAJ.. FRANCISCO LEON DE LA BARRA Pl1n~~ -'"j:/ f~m: ~~\ NOlary P.Ub~ic • Slale 01 Florida b My Commission E'Pires:
~. • '~ Commission II GG 040697 ~~ My Commission Number:
8 ':;.~ .. jI' =~/ My Comm expues OCI 20 i020;) Cj 'I o~ ~\.O:\' , 1. ~ I"""",,' Bond~~~NOla(y Assn ~J
.--=<::iPV4C 0 v~
APPROVED:
3
Approved as to fOl'm & language and rOl'
~:ucutio~ .... -i :.--....
\ . --...... , . .
. ~ :;. /:. >",' .:. :=;j_~~~f';2.:')-::~
Cilv-All(lrne\'
Date
Prepared b~
Denise L. Ben-David
~rLaw,P.L.
1111 Brickell Avenue
Suite 2200
Miami, Florida 33131
Record and Return:
Francisco J. Leon de 18 BBn'8, Esq.
Aran, Correa & Guarch, P.A.
2100 Salzedo St, Suite 303
Coral Gables, FL 33134
Folio No.: 09-4036-030-0010
Folio No.: 09·4036·027"()090
W ARIlA!~lY DEED
111111111111111111111111111111111111111111111
CFN 2018R0535177
OR BK 31125 P,s 1293-t295 (3P9S)
~ECORDED 09/Q4,201E L':'7:44
OLEO DOC TAX ~lO,gOO.oo
SURTAX $8,100.1)(1
Ht'lRVU RUVHIt (:l[~V. OF tOurn
MIAMI-DADE COUNTY, FLORIDA
KNOW ALL MEN BY THESE PRESENTS THAT S Miami RetaU BU LLC, a Florida
limited liability company (herein called the • 'Grantor"), whose mailing address is 1111
Brickell Avenue, Suite 2200, Miami, Florida 33131, for and in consideration of the sum ofTEN
ANTI NOll 00 DOLLARS ($ J 0.00) and other good and valuable consideration to it paid by Eel
SOM., Ltc, a Florida limited liability company, (herein called the uGraotee"), whose
mailing address is J 35 San Lorenzo Ave, Suite 740, Coral Gables, Florida 33146, the receipt and
sufficiency of which are hereby acknowledged, has granted, bargained, sold. and conveyed, and
by these presents docs hereby grant, bargain, sen. and convey, unto Grantee. and Grantec's heirs
and assigns forever. all the land situated in ~1iami-Dade County. Florid8 t and more panicularly
described on Exhibit" A" hereto (the "Property"), together with all improvements thcreon and
appurtenances thereunto belonging.
SUBJECT TO real property taxes subsequent to December 31, 2018; easemcnts,
restrictions and limitations of record; however, this provision shall not servc to reimpose
easements. restrictions and limitations which have been barred by operation of law: and
applicable zoning ordinances.
TOGETHER \\~th all tenements, hereditaments, and appurtenances thereto belonging or
anywise appertaining.
TO HAVE AND TO HOLD the same in fce simple forever.
AND Grantor hereby covenants with Grantee ahat Grantor is lawfully seized of the
Property in tee simple; Grantor has good right and lawful authc.lrlty to sell and convey the
Property; Grantor tully warrants title 10 the Property and will defend the same against lawful
claims of alJ persons whomsoever; and Grantor covenants that the Property is free from all
encumbrances made by Grantor, except as set forth above. .
IAU124830.DOCX t 14
Book31125/Page1293 CFN#20180535177 Page 1 of 3
IN WITNESS WRDEOr, tim Onadur has executed this iDstrumeut 88 of the day aDd
year show wriUaL Effective. ofdle 311T ., of Aupst. 2018.
8 MIaml RetaIl BB LLC.
a florida limited liability compauy
STATEOF fl'~l~ )
) 88:
COUNTY o. M ~j\~ , -D~ot. )
I lIERDY CItR'ID'Y dill OD tIU day, befOJC me. persoaaDy appearal Alexauder
Kamldvtnian. U MaDapr aDd authori2.ed sigDa' of S Miami Retail BR LLC, a Florida Jimited
liabilily "'"'1l1li)'. lID bebaIJ ~~ JiaIriIiIy compIII\)'. and lID!
iDdMdoaIJyt who ill ~ boWD to or U who bas produced
~-.-...
WITNESS DIy b8Dd aad ofIidal seal in the CCNDty BDd die State afmesaid on tIIis 31 11 day of
August. 2018.
(SEAL)
/
.. . G,t, 121'31 \ Ornn""SBIO" Expires: _____ _
15
Book31125/Page1294 CFN#20180535177
UEXHIBIT A"
Parcell:
Page 2 of 3
OR BK 31125 PG 1295 LAST PAGE
Lots I, 2 and 3, Block 2, Larkin Pines, according to the map or plat thereof as recorded in Plat
Book 24, Page 20, Public Records of Miami-Dade County, Florida.
Parte] 2:
Lot I, American Townsites Company's Sub-Division No. 1 of Larkin, according to the map or
plat thcreofas recorded in Plat Book 3, Page 134, Public Records of Miami-Dade County.
Florida.
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Property Address: Sa c
7435 S.W. 6lat AvonulI.South Miami, Florida 33143 ./ )
Project No. 18955 Page 1 of 1 "./
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