Res No 194-17-14995RESOLUTION NO. 1 9 4 -1 7 -1 4 9 9 5
A Resolution relating to the review and approval of a Unity of Title request
by S Miami Retail BH, LLC unifying property located at 6020-6022 South
Dixie Highway and 6030 S Dixie Highway, South Miami, Florida.
WHEREAS, S Miami Retail BH, LLC, submitted a request for unity of title for a
property located at 6020-6022 and 6030 South Dixie Highway; and
WHEREAS, the Unity of Title request is in conjunction with a proposed renovation
and joining of the existing buildings on the subject properties; 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 and 20-7.30 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
corvnnss10N OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Commission hereby approves the attached Unity of Title document
for:
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, South Miami, Florida 33143; Folio
Number: 09-403 6-027-0011
PARCEL B:
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
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 therof as recorded in Plat Book 24, Page 20, of the Public
Res. No. 194-17-14995
Records of Mianii-Dade County.. Florida, havirio all together 11.520 sq/ft more or less; Property
Address: 6020 wid 6022 South Dixie Ifighway. South Miami, Florida 33141; Folio Number 0 -
403 -029- 11 ..
Section 2 The surrey of the sub)j act I'nity of Title document is attached to this resolution
and identified as Exhibit "A":
Section . This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 28th, clay of. September , 2017.
w e '
1tLAD ANI D ED AS TO FOR'.\1, COMMISSION VOT i. 4-0
LANG 3Eu 1, _i L1 I avor Stoddard: Yea
- 1-1ERE "Nice -Mayor Welsh: 'lea
Commissioner Ldmind: absent
C°ominiss oner Harris Yea
Cl' h I'O '`t' Conimissioner Liel�n an. lea
F
CITY OF SOUTH MIAMI
Sout em, i a ml OFFICE OF THE CITY MANAGER
T I U CNY OF Nfa5 ANT iAVNG INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Steven Alexander, City Manager
FFtom: Jane K. Tompkins, Planning and Zoning [direct
l"__
Date: September 28, 2017
SUBJECT:
A Resolution relating to the review and approval of a Unity of Title request by 5 Miami Retail BH,
LLC unifying property located at 6020-6022 South Dixie Highway and 6030 South Dixie Highway,
South Miami, Florida.
M
110111 11 111,111 11111111
(The subject request includes the properties identified in Map I as 6022 and the adjacent
vacant lot).
The folio numbers for the properties are 09-4036-029-0110 and 09-4036-027-0011, respectively
S Miami Retail BH, LLC — Request for Approval of Unity of Title
September 28, 2017
Page 2 of 2
The properties are in the Hometown District Overlay Zone which requires a Unity of Title if a
development project is to be built on two or more abutting platted lots (Land Development Code
Section 20-7.30). As the proposed renovation will essentially create a building on two platted
lots, the Unity of Title Is required for the project to move forward.
RECOMMENDATION:
Staff recommends that the Commission approve the resolution approving the Unity of Title for
the property located at 6020-6022 South Dixie Highway and 6030 South Dixie Highway.
• Application Package (Letter of Intent, Application Form and Receipt)
• Boundary Survey
• Unity of Title
• Draft Resolution
XT
zACommission Items\2017\09.28-2017\S Miami Retail BH Unity of Title\CM Memo Unity of Title ver 2.docx
BERco RADcL!_ FcRNAN DEZ & LARKI N
ZONING, LANO USE ANC ENVIRC>NMENTAL LAW
DIRECT LINE: (305) 377-6238
E-Mail: MMarrero@BRZoningLaw.com
VIA HAND DELIVERY
September 5, 2017
Ms. Jane Tompkins, Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Approval of 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"):
e 6020-6022 S Dixie Highway (Folio No. 09-4036-029-0110)
e 6030 S Dixie Highway (Folio No. 09-4036-027-0011)
The Properties were previously 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 that
time, the Owner had purchased the Properties from the prior applicant and no
longer sought to move forward with that prior administrative approval. As a
result, the Unity of Title was released by the City Commission on February 21,
2017, pursuant to Resolution 031-17-14832.
While the Unity of Title that was released on February 21sI included four
different parcels, the Owner now seeks to proceed with a project that will include
the two commercial parcels front South Dixie Highway, namely 6020-6022 S
Dixie Highway and 6030 S Dixie Highway. The Owner is currently seeking a
permit to modify the two buildings architecturally, and will thus require a Unity
of Title so that the City can review the proposal as one zoning parcel.
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 306.377.6222 • WWW.BRZONINGLAW.COM
As a result, the Owner requests the City Commission's approval for this
modified Unity of Title. As discussed and pursuant to the requirements in the
City's Land Development Regulations, the Unity 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 trulyyours,
Michael J. Marrero
BF-Rcow RADELL FERNANDEZ & LARKIN
ZONINO. L-ANM USE ANM ENVIRONMENTAL L-AW
City, of South Miami
C(ek A lllannin,� & 7-f-mO ing, vpoamela
South NAami
I I IF r I i Y 01 ; I FASANT I IVING, 'I e le ph (life: 13 0 5 166:,-6' 2 6: Fax: ( 10 51666 -.150 1
.,Ipplicotion.fbi- Public Ifeezring oi-.4dininisIrtitive Rcvie.vv
Address of Subject Property Lot(s)
Block Subdivision
0 PB
Meets & Bounds
Applicants Phone
Representativqt4l,,,11,41 Organization"'-,,
Address. Phone
Property Owner!�' Signature
Mailing Address Phone
Architect/Enginet: Phone.
» r " cr S r.
AS THE APPLIC.-�-,NT. PLEASE INDICATE YOUR RELATIONSHIP TO
THIS PROJECT
— Owner /C,iner's Representative Contract to purchase _Option to purchase TenanULessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK I -E APPROPRIATE ITEM
PLEA CHECK ALL THAT APPLY -
Text Amendmt r-t to LDC Special Exception
VLetter of intent
Zoning Map Ar - -ndment YVaiver of Plat
-,/Cost Recovery Affidavit
PUD Approval Unity of Title
T justifications for change
PUD Major Chi-a-ge Abandonment of ROW
Unity of Title
Variance Administrative Review
Statement of hardship
Special Use Othei kPlease Specify;
Proof of ownership or letter from owner
Power of attorney
Briefly explain appit ition and cite specific Code sections
Contract to purchase
-,<,urrent survey (1 onginal sealed and
signed/1 reduced copy @ 1 V* x 17")
2 copies of Site Plan and Floor Plans
24x36 7reduced copy @11"x17"
Affidavit ..Receipts attesting to mail
notices sent
Section Subsection:- Page # _ Amended Date
Mailing labels (3 sets) and map
Z-Required Feels)
Ilic undersigned lyi.-rua-d iIII.N %:01%lewd application ariti Tcprew.iw, that the intotinution and all subinitied material: arc true and
corref:�JQ�jli )CS114t."heap c;int*% mowledge and belief'
Ct
Print \anIc I Na �t
I •pon receipt, applications find all submitted materials will he r-evir.wed II)r compliance witli the I.and ik%eloprnery Code and other
applicable reguatior. :Application. I ound not In CI Ifni) lianct: wilt be m.iccwd and returved it) the applicant.
1 OFFICE USE ONLV:
Date Filed Date of PI3 Hearing Date of Commission
Petition Required- Petition Accepted..._
Method of Paymen
Fomis'Current Ill viniq Depant-rivni I:onm- Planning Deparirnt:ni Dorm, Ilanniii- Board PI; - t nii\ (%I" Title Puhli, Ilearini.:
A,-plicai ion - Revkc.! { -4-201 ` dot.,
Part 4 of 4
City of South Miami, Florida
PLANNING AND ZONING DEPARTMENT
APPLICATION, MISCELLANEOUS AND DOCUMENT FEES
"^AYJ. NAME:_
ADDRESS:
-A3i JM I I W. sw a r
001.0000.341.3000 RESTRICTIVE COVENANTS, EASEMENTS
OR DEVELOPMENT AGREEMENTS ....................... ($5,000)
003.0000.341.3000 MODIFICATION OR RELEASE OF
RESTRICTIVE COVENANTS, .
EASEMENTS OR
DEVELOPMENT AGREEMENTS ............................. ($500)
001.0000.341.3000 UNITY OF TITLE OR
RELEASE OF UNITY OF TITLE ............................... ($1,500)
001.0000.341.3000 LETTERS
Condominium conversion letter. ..................................... ........ ($11000)
Flood zone letter................................................................ ($100)
Zoning / Land use verification letter .......................................... ($100)
001.0000.219.1620 MAPS
Official Zoning Map Color
$15.00
Small Official City Map
$ 5.00
Future Land Use Map Color
$15.00
Custom G.1. S. Map
$15.00
001.0000.369.9201 LAND DEVELOPMENT CODE, COMPREHENSIVE PLAN, PHOTOCOPIES
Land Development Code
$75.00
Comprehensive Plan
$50.00
Hometown Regulations
$ 5.00
Census Data Packet
$ 3.00
All Charrette Booklets
FREE (No charge)
COST RECOVERY ORDINANCE
001.0000.219.1615 Cast Recovery Fee
GRAND TOTAL 3' 0 D
5'
Z \Forrns\Receipt fortns\RECEIPT FORM Pan IV - Revised 7.24.2015.doc
Ordinance No 04-11.2077, adopted 1-4-11
This instrument was prepared by:
Name: Michael J. Marrero, Esq.
Address: Bercow, Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
(Space reserved for Clerk)
UNITY OF TITLE,
WHEREAS, the undersigned is the Owner of that 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
PARCEL B:
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
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.
hereinafter referred to as the "Property."
Said Property currently has two Folio Numbers, to wit: 09-4036-027-0011; with a street
address of 6030 South Dixie Highway, Miami, Florida 33143 (which includes Parcel A) and
09-4036-029-0110, with a street address of 6020 and 6022 South Dixie Highway, Miami,
Florida 33143 (which includes Parcel B). The Owner acknowledges that Parcels A and B are
located in the SR zoning district and the Hometown District Overlay. All development in Parcels
Page 1 of 4
A and B shall at all times comply with the zoning requirements of the Hometown District Overlay;
and the SR zoning district requirements.
Owner recognizes and acknowledges that for the public health, safety and welfare, the herein -
described property shall not be divided into separate parcels or owned by several owners until
such time as this Unity of Title is released or modified to allow such division or ownership; and
In consideration of the issuance of permits for and approval of a building permit by the City of
South Miami for construction of improvements on the subject Property, 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. The Property shall be considered as one plot or parcel of land;
2. No portion of said Properly shall be sold, transferred, devised or assigned separately,
except in its entirety as one plot or parcel of land. In addition, the lots, plots and/or
parcels of land in question shall not be conveyed, mortgaged and/or ]eased separate and
apart from each other and they shall be held together as one tract; provided that no
provision of this instrument shall be construed as to prohibit a declaration of
condominium on the Property or the individual sale of condominium units, or the
lease of individual residential unit or commercial space.
City Inspection. As further part of this Unity of Title, it is hereby understood and agreed
that any official inspector of the City of South Miami, or its agents duly authorized, may have the
privilege at any time during normal working hours of entering and inspecting the use of the
premises to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
RecordinE. Owner further agrees that this covenant running with the land 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, the Owner's heirs, successors,
personal representatives and 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.
Covenant Running with the Land. The condition, restriction and Iimitation of this Unity
of Title 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 Unity of
Title is modified or released. A release may be executed when the reason for the execution and
recording of this Unity of Title no longer exists and there is no further reason to maintain the Unity
of Title on the public records. These condition, restriction and limitation shall be for the benefit
of, and limitation upon, all present and future owners of the real property and for the public welfare.
Term. This Unity of Title is to run with the land and shall be binding on all parties and
all persons claiming under it for a period of thirty (30) years from the date that this Unity of Title
is recorded, after which time it shall be extended automatically for successive periods of ten (10)
years each, unless released by the City of South Miami. The City shall have the right but not the
obligation to re-record this instrument from time to time.
Modification, Amendment, Release. This Unity of Title may be modified, amended or
Page 2 of 4
released as to the land herein described, or any portion thereof, by a written instrument executed
by the, then, owner(s) of all of the Property, including joinders by all mortgagees, if any,
provided that the conditions and/or criteria which originally required the execution of the Unity
of Title cease to exist and there is a 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 and
provided that the modified, amended or released Unity of Title is also approved by resolution
passed and adopted by the City Commission, after a public hearing, and executed by the City
Manager attested to by the City Clerk and signed by the City Attorney as to form, language,
legality and execution thereof.
Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any of the terms, provisions and conditions of this Unity of Title. This
enforcement provision shall be in addition to any other remedies available at law, in equity or
both.
Authorization for the City to Withhold Permits and Inspections. In the event the
terms, provisions and/or conditions of this Unity of Title are not being complied with, in addition
to any other remedies available, the City is hereby authorized to withhold any further permits,
and refuse to make any inspections or grant any approvals, until such time as this Unity of Title is
complied with.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies or privileges.
Severability. Invalidation of any one of these covenants, by judgment of Court, shall not
affect any of the other provisions which shall remain in full force and effect.
Signed, witnessed, executed and acknowledged this _ day of September, 2017.
Witnesses:
By:
(Print Name:)
Witnesses:
By:
(Print Name:)
Page 3 of 4
S MIAMI RETAIL BR, LLC, A
FLORIDA LIMITED LIABILITY
COMPANY
By:
ALEX KARAKFIANIAN, AS
MANAGER
STATE 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 County aforesaid, to administer oaths and take acknowledgments,
personally appeared ALEX KARAKHANIAN, AS MANAGER OF S MIAMI RETAIL
BH, LLC, A FLORIDA LIMITED LIABILITY COMPANY, who, after being duly
sworn, acknowledged before me the execution of the foregoing Unity of Title for the
purposes therein expressed, and who produced a Driver's license as identification.
WITNESS my hand and official seal in the County and State last aforesaid, this
____ day of September 2017, in Miami, Florida.
NOTARY PUBLIC. STATE OF FLORIDA
Printed Name:
My Commission Expires:
Page 4 of 4
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