HomeMy WebLinkAboutR-01-0200J-01-116
02/14/01
RESOLUTION NO. _ � 0 0
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING THE RELEASE OF
A UNITY OF TITLE DATED NOVEMBER 7, 1995, AND
RECORDED IN OFFICIAL RECORDS BOOK 17004, AT
PAGE 1556, OF THE PUBLIC RECORDS OF MIAMI -
DADE COUNTY, FLORIDA, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1900-1920
SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE
PARTICULARLY LEGALLY DESCRIBED IN
"EXHIBIT A", SUBJECT TO THE CURRENT PROPERTY
OWNER RECORDING A COVENANT RUNNING WITH THE
LAND IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WHICH RECOGNIZES JOINT PARKING AND
ACCESS FOR THE BENEFIT OF THE PROPERTY;
DIRECTING THE PROPER CITY OFFICIALS TO
EXECUTE A RELEASE, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, IN CONNECTION THEREWITH.
WHEREAS, the property located at approximately
1900-1920 Southwest 22nd Street, Miami, Florida (the "Property"),
more particularly described on attached "Exhibit A," is subject
to a Unity of Title, dated November 7, 1995, and recorded in
Official Records Book 17004, at Page 1156, of the Public Records
of Miami -Dade County, Florida, pursuant to which the owner of the
Property acknowledged and agreed that one portion of the Property
would be used to provide joint access and parking for the benefit
of another portion of the Property; and
CITY COY -MISSION
MEET?y0 OF
H SUtu i:JS11VU.
_ -
200
WHEREAS, the property owner desires to replace the existing
Unity of Title with a Covenant Running With The Land ("Zoning
Covenant") to provide joint access and parking for the benefit of
the Property; and
WHEREAS, the Acting Zoning Administrator has reviewed the
request and recommends the release of the Unity of Title subject
to the current property owner recording a Zoning Covenant; and
WHEREAS, the City Commission after careful consideration of
this matter finds that it is in the best interest of the general
welfare of the City of Miami and its inhabitants to release the
Unity of Title subject to the current property owner recording a
Zoning Covenant for the Property as set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Page 2 of 4 01— 200
Section 2. The release of the Unity of Title dated
November 7, 1995, and recorded in Official Records Book 17004, at
Page 1556, of the Public Records of Miami -Dade County, Florida,
is approved and the proper City Officials are authorized:1 to
execute a release, in a form acceptable to the City Attorney, in
connection therewith for the property located at approximately
1900-1920 Southwest 22nd Street, Miami, Florida (the "Property"),
more particularly described on "Exhibit A" attached hereto,
subject to the current Property owner recording a Covenant
Running with the Land31, in a form acceptable to the Citv
Attorney, which recognizes joint parking and access for the
benefit of the Property.
Section 3. This Resolution shall become effective
immediately upon its adoption.31
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
zi Ibid.
3 This Resolution shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 3 of 4 1 0
PASSED AND ADOPTED this 22nd day of Februa�v) , 2001.
APPROVED.FORM,49r CORRECTNESS :C/
w
5046:YMT:BSS
CAROLLO, MAYOR
Page 4 of 4 _. 200
EXHIBIT A
j ti -dr IITLI ( It
o r os t"r- SIroperty daserlbed set
tarasl A L o7 t, 4
Parcel s . Leq S. v a;bo o%
8160 known as t N O Q GCti 1 WOO C�►f��dzo cora] W b -A-{'
Meat, Florida. an r'+I r� r
The undersigned reagnises and acknowledges that for the public
health, welfare, asfaty or' sorau, the Mrais-desortbed property
should not be divided into separate pa/rsels owned by several owners
so long. as the sone le put to the hereinafter was, and
to eonaideratibn of he Issuance of a persit7tsnr
. gtrfsr•+Oygti•�a+ra
ort I Ine C.r,v"0i%#.xZt d .
i/�■ I r.1
and for other good eind valuable oonsi4erationst the undersigned
hareby agrees to restrict the apt of the sub jeot property in the
following manners
1. That said properlyy M411 ' be ooseiderisd as one plot and
Parcel of land ane that no portion of Bald 140% and parcel
Of land shall b4p sold, transferred, dfrised or assigned
separately, eatert in its entiretr as one plot or parcel of
lands •
t. The andarsiaead rureber actress that this condition,
restriction mn4 ' lisitation shall be as med d covenant
running with the land *bail be recorded in the Public
Ae00rda Or Dade County and shall remain in tull fares
aid Offset and be binding upon the undersigned, their
heir* and ami nod until *sigh time as the same may be
released in writing by the Dirsotor of Building and
toning or his/her designated repreasatativsi provided,
however, that this onity of Title any be released br
the Dirsotor of Building and tomos DOpartuest or his/her
designated representative, atter approval of a site pun
which *"to all applicable City regulations.
aignedp sealed,
A C ✓n+...i..
W' d le
- %-
aTATt or noazDA?
COUNTY or me e
r
eaacuted and acknowledged on this 7 der of
_A . O. , 1 g• Y,�,r at Ni ami, !loris
Y Ns1t=8T certify that on this day, before stet a Note"
ruelio duly autberlsed is the stats an4 oount wed above to take
moxa ledghaents, personalty appeared h...•+-.� �.��:t <-a..•����
I •_ 7-+• Ar— I -
the tortgoing instrasent and acknowledpd to and before as that they
exteuted said instraaent under oath and for the purposes therein
sxpraseed.
WXTNgs.! Sy"
hand and
above this- -7 ;/dal et'
official ss 1 is the oountr sed state named
itelary FWo5kWLA or a State
of rloriea at Large
nes+ form
ever
My Commission expirear
sl�ir�lrt X111 �_—
easssewwiaum.rA
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and DATE: FEB 1 5 2001 FILE:
Members of the City Commission Release of Covenant dated
SUBJECT: November 7, 1995, Recorded in
17004, Page 1556
1900-1920 Coral Way
FROM: REFERENCES: City Commission of
February 22, 2001
City Manager ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt a resolution accepting a Release of
Covenant recorded in the Public Records of Miami -Dade County, Florida.
BACKGROUND
A Covenant Running with the Land (Unity of Title) was recorded for the property located at 1900-
1920 Coral Way (Parcel `A' and `B').
The intent of the Unity of Title was, due to the existing condition that both parcels share a common
entrance to the parking area for each of the parcels.
The property was granted a Special Exception by the City's Zoning Board to allow a joint parking
facility for contiguous office uses which included a joint access way. The property owner who
currently owns both Parcels must record a Covenant Running with the Land for both Parcels that will
recognize this joint parking and access. The Covenant must remain in full force and effect for both
Parcels, be binding upon the present owner and future owners.
CAG/ IA -GS he
Cc: Ana Gelabert-Sanchez, Director
Planning and Zoning Department
01- 200
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Teresita Fernandez, Chief
TO: Hearing Boards Division DATE:
FROM
SUBJECT
REFERENCES:
n C. Gonzalez,
ing Zoning Administrator ENCLOSURES:
ming and Zoning Departm nt
January 26, 2001
Release of Covenant
Unity of Title
1900-1920 Coral Way
FILE:
Pursuant to a request for a Release of Unity of Title to be heard before the City of Miami Commission
for the above referenced property, please be advised of the following.
Review of the Unity of Title between Lots 1, 2 ,3, 4 and 5, 6, 7, has been completed and the original
intent of the Unity of Title which was required by the City due to the existing condition that both
parcels share a common entrance to the parking area still exists.
However, due to the owner of the parcels requesting to separately sell Parcel B, which consists of
Lots 5, 6 and 7, on December 18, 2000, the property was granted a Special Exception numbered
ZB2000-0397 by the City's Zoning Board to allow a joint parking facility for contiguous office uses
which includes a joint access way. Therefore, the Zoning Division has no objections for the City
Commission to release the Unity of Title subject to the present property owner who currently owns
both Parcels A and B, record a Covenant Running with the Land for both Parcels A and B that
recognizes this joint parking and access and that this area be maintained and that the Covenant
remain in full force and effect for both Parcels and be binding upon the present owner and any future
owners of either of the Parcels.
JCG: tc
Cc: Ana Gelabert-Sanchez, Director
Planning and Zoning Department
Lourdes Slazyk, Assistant Director
Planning and Zoning Department
Zoning file
01.- 200
LAW OFFICE
ARTuRo R. AI.FONSo
A PROFESSIONAL ASSOCIATION
OF COUNSEL 7001 CORAL WAY
BARNETT & LERNER, P.A. SUITE 105
WORKER'S COMPENSATION MIAMI, FLORIDA 33155
TELEPHONE (305) 573-6361
FAX (305) 573-6305
REAL ESTATE CLOSINGS (305) 228-6722
FAX FOR CLOSINGS (305) 228-6722
EMAIL: ALFONSO►AMAOL.COM
January 23, 2001
Teresita Fernandez
Executive Secretary
Office of Zoning Board
444 S.W. 2n'Avenue
7' Floor
Miami, Florida 33131
RE: Dissolve Unity of Title
Address: 1900 S.W. 22 Street
1920- S.W. 22 Street
Miami, Florida
Dear Ms. Fernandez:
Enclosed please find Unity of Title which we need released in order to sell the above referenced
property.
I also enclose the following:
(1) Fee for $2,000.00 plus $3.50 per neighbor;
(2) Certification and ownership list showing property owners with 375 feet of the subject
property.
Please schedule this for hearing at your earliest convenience.
Thank you.
ARA/wh
cc: Edwin Diaz -Solis, Esquire
a:\Letters\OR-Unity.Ttl.
01- 200
41 WV= • .-.ear
1 o� veru -
ynrse+w. os that property d*&crib*d est
Parcel A L a• j' t, 4 'D J4 +
Pereel a . keq S. n'+ 2401
also known as t u2 GOh; uj!t4 414 0 GOr,&J
"Soot, Florida, an
The undersigned rapgn lass and a4knorledses that for the public
health, welrare, attety or' Moral, the bereis•describ.l property
should not be divided :Into &*perste pa"reels owned by Several owners
so 1946. as the saon* Is put to the hereinafter use, dad
14 consideration ofTse iasaanc* or a pereit *ppb VA
ESCC-Wip _
l l aro C.nrot.'o �
sad for other sae ano valusbls coneideratioas, the sadersiped
hereby agrees to rutriet the use of the subject property in the
following sanners '
3. that said property shall be ocesiderMd as one plot and
parcel of laud and that no portion of sa ld plot and parcel
of land Shall be sold, transferred, devised or assi�aed
separatslyp empt ire its entirety sin dna plot or panel of
3andj
2. The undersitaed further aeras that this eondition,
restriction en, • liattation shell be deaned t aovaosat
running • with that land .ball be retoresed in the Public
Records of Dade County sad shall remain to full force
cad sfreot sad be bledLAs upon the assdersiped, their
hairs and asi`oed uttii such tise as the ew My be
released in writing by the Dirsotor or »uiidiaa sad
Zoning or hia/ber designated representative; provided,
hor*ver, that this Unity or Tile Mast bs - released by
the Dirsotor or hhhsildiag and toning Departsoat or his/her
otalSastsd rWessntative, after approval of a sits Plan
which sests all applicable City reeelstlorss.
' T
&Pend; sealed, weauted &ad almowledawd oat this day of
e r•••M.s-. •.D., 14,Yr at Y44ML, tlori si :
V3TD2
sAll of nott w
i
COUNTY or DAD*
i KZMU osrtsfyr that en this der, before se, a Notary
P0b110 4017 autberl"d is tbq state "# aoaat as" above to take
SOOT?! edpaenta, persoad+ill appeared k .•+-a. ✓ Im +
rw. 1+.r r•�Y
!As-loeisosais isletr t and —&Da onlfdpd to sad before Me that My
executed said testreent under oath and for the purposes thorsisn
expressed.
VITUR33 sy►rnand and
above thiji as of
official as1 is the county s»d state eased
.4. .,:..•.c�._- A.D., t}y_''.�..
'urinary or the State
of Mri4a at Lav -Sp
er
�
� 1�
eo.r
Mr Commission 4xpiree1
s iww—ME w1e es .•-•�
swrswaSwa.e.
01. 200
Miami Zoning Board
Resolution: ZB 2000-0397
Monday, December 18, 2000
Mr. Ricardo D. Ruiz offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000,
THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.9,
TO ALLOW JOINT PARKING FACILITIES FOR CONTIGUOUS OFFICE USES FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1920 SOUTHWEST 22ND STREET, LEGALLY DESCRIBED AS
LOTS 5,6 AND 7, BLOCK 29, NEW SHENANDOAH (10-55), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED O OFFICE. THIS SPECIAL EXCEPTION WAS GRANTED WITH A
TIME LIMITATION OF TWELVE MONTHS SUBJECT TO THE FOLLOWING CONDITIONS: 1) A
NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, MUST BE SUBMITTED FOR REVIEW AND
APPROVAL BY THE PLANNING AND ZONING DEPARTMENT, AND 2) SUBMITTAL OF RECORDED
EASEMENT ON PROPERTY SHOWING INGRESS AND EGRESS.
Upon being seconded by Mr. Charles J. Flowers,
the motion was passed and adopted by the following vote:
Mr. Rodolfo De La Guardia
Mr. Charles J. Flowers
Mr. Joseph H. Ganguzza
Ms. Ileana Hemandez-Acosta
Mr. Humberto J. Pellon
Mr. Juvenal Pina
Mr. Ricardo D. Ruiz
Mr. Allan Shulman
Mr. Angel Urquiola
Mr. Georges Williams
Ms. Fernandez: Motion carries 8-0
Away
Yes
Yes
Away
Yes
Yes
Yes
Yes
Yes
Yes
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 2
Teresita L. mandez, Chief
Office of Hearing Boards
Case No.: 2000-0403 Item Nbr: O O 7
01�
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Arturo R. Alfonso, who being
by me first deposes and says:
1.) That the owner of the properties located at 1920 S.W. 22nd Street and 1900 S.W. 22nd
Street is RO Real Estate Investment, Inc.
2.) That he is the legal representative of the owner, submitting the accompanying application
for a public hearing as required by the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the foregoing pages of this
Affidavit and made a part hereof.
3.) That all owners which he represents, have given their full and complete permission for him
to act in her behalf for the change or modification of classification or regulation of zoning
as set out in the accompanying petition.
4.) That the foregoing 'pages are made a part of this Affidavit contain the current names,
mailing addresses, telephone number and legal descriptions for the real property of which
he is the legal representative.
5.)
The facts as represented in the application and documents submitted in conjunction with
this Affidavit are true and correct.
FURTHER AFFIANT SAYETH NOT.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of January, 2001 by Arturo
R. Alfonso, attorney for owner. He is personally known to me and who did (did not take an oat
o Public -Maria. errera
July 12, 2004
MARLA M. HaREM
Notary Pubk -Site of Honda
MY Comm Bq*aJui 1Z=4
C0"W6 on * CCPS4=
01- 200
DISCLOSURE OF OWNERSHIP
Legal description and street address of subject real property:
1920 S.W. 22nd Street, Miami, Florida 33142
Lots 5, 6, 7, in Block 29, of NEW SHENANDOAH, according to the Plat thereof, as recorded in Plat
Book 10, at Page 55, of the Public Records of Dade County, Florida.
1900 S.W. 22"d Street, Miami, Florida 33142
Lots 1, 2, 3, 4, in Block 29, Plat Book 10, at Page 55, Dade County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the
subject matter of a presentation, request or petition to the City Commission. Accordingly, question
#2 requires disclosure of shareholders of corporation, beneficiaries of trusts, and/or any other
interested parties, together with their addresses and proportionate interest.
Odilia Benavides (50%)
Rosa Curi (50%)
3. Legal description and street address of any real property (a) owned by any party listed in answer
to question #2, and (b) located within 375 feet of the subject real property.
N/A
Attorney for O r
7801 Coral W uite 105
Miami, Florida3 55
(305) 573-6361
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of Janv3ry, 2001 by Arturo
R. Alfonso, attorney for owner. He is personally known to me and who did (did not) take an
ary ublic-M M. Herrera
My Commission Expires: July 12, 2004
E::
M. u=2REM
combonp��pC,,'34
." 200
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Re= Ur g:� 46n4 6n47%
Rader Cruz, Esq. 9 8R 2Z 31r 2 S 1973 JUN 16 11:04
1740 Coni Way, Suits A
Miami, Florida 33145
Ibis WMnnM Prepared by:
Renier Cruz, Esq.
1740 Coral way, suite A
Masi, Florida 33145 HAREYRU39272.50
HARVEY D E COUNY# L
FOLIO NO.: 01.4115-012-0390
GRANTEE(S) S.S. e(s)
This Quk-Mim Deet, executed this 4.jrh4day of June, 1998, ROSA L. CURI and
EDUARDO GONZALEZ, as tenants in common, first party, to KO. REAL ESTATE
INVESTMENT INC., whose post office address'is: F.O. Box 3663, Hialeah, Florida 33013
second party:
(Where& used herein the terms "first party" and "second party" shall include singular
andplural, heirs.legal represenwtivcs, and assigns of indi�ridudEs, and the successors and assigns
of corporations, wherever the context so admits or requires)
*777V=ETH, that the said first patty, for and in consideration of the sum of S 10.00 in
hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby
remise, release and Quit -claim unto the said second party forever, all the right, title, interest,
claim and demand which the said first party has in and to the following desouibed lot, piece or
parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
Lots 5, 6 and 7, in Block 29, of NEW SHENANDOAH, according to the Plat
thereof, as recorded in Plat Hook 10, at Page 55, of the Public Records of Dade
County, Florida.
To Have and to Ho(d The same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining,.and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said second party forever.
10 Witness Whereof, The said first parties have signed and sealed these presents the day
and year first above written.
In Wimm Whereof, the said corporation has caused these presents to be executed in its
name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly
authorized, the /$,iday June, 1998.
or
WltQa Ognature (As to 1st Grantor)
Rosa L. Curi
6039 Collins Ave.
Miami, Florida 33140
SS#
01- 200
c
NEC. i U I `tJ, t;+ P Z7 7
Witness Signature (As to gird Grantor)
STATE OF FLORIDA
COUNTY-Of-DRDE
Eduardo Gonzalez
38th Street
Hialeah, Florida 33013
:>S#
a
AffCGOW0800 FAMOOMSOGx
ORO�a��Y
"A"V AUVIN
apo �r sew
_ - I HEA Y CERHFY that on this day, before mc, an offi= duly authorized in the state
aforesaid and in the County aforesaid, to take acknowledgments, personally appeared ROSA L.
CURL and EDUARDO GONZALEZ, who are personally known to me
d they have acknowledged before me that they
executed the same.
0IT7VMS my hand and official seal in the County and State last aforesaid this/Sday of
June, 1998
MY COINWSSION EXPIRES:
a✓
(PRINT NOTARY NAME)
PUBLIC -STATE OF FLORIDA
��-e %AAGOA viDICL .A
,, CC967WO
ir* Eip,r.3ur 26.200
01— 200