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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 ImAGE01 : FL -01-14090-2 01/29/20;. .1:24:11am PASOMW 11;- , � sP".md 1105,4 L.. C.rl&T_ .�� � 33rllD EpW NO : 01.4115.0124)390 l i- lilr gaN.Clift DscA e=and this 7th d W of EDUARpO OONZA= a tt &uu is Common., m R O. PA. BOX3663. iTiaksb6 Florida 33013. tt COWPKW- _ -ge 1 of 2 V 9RSS8Ot02 IM OV 01 UM DOCSTFM iU1RYE WAMk a tiilRtXOAK COIM v FL 1999, ROSA I. C URI sod ESTATE maTMEM � mgjl ir@tt+w WdksMM'BMt� r�or"4 �oonM1pA'eiYtoelrlfrpMe�1�4lria.t�w � oe wde�atiyi,YrYt ae� w�daii�e atr��'rfs •�taaeatr:el�W WZVMWM, *aft saditspaw.for=-Aisomsidmsd moft'be==ofS10.00ia band pad by be amid seooad PUW, an nee* wbereof is beabY ate• does betty nwir, release tad gait CWM aorto the 20 wmmd Pati 6t w4w- an the d*%' tdtie, 'fit '-I clam smd dememd wbBab the said &a pasty bas in mi to Im idlow-bg dasatad b% &M or pw=i afU" sins " Com4►ofDskSM OfPloA116WWW Lott, 1.2. 3 & 4 in MO* 29, NEW UMNANDOA11. MWftSis the Piet *out a mcmd ed in Pbt Hoot 10. st PW 55 of the PnbUt Rs000ds of Dade aw, i and ds. art A sod aio WWW ftapP'om°°� re To Htmt �goMWTba am toether tbemtmea bekq&s ar bk smP ted ori! the edema. right, . iotemst, iia. e9uin mai dWm wlydaoewr of tbt said Stat pates, vbbw is isw arsgii�►, to >3te an$ PtoPa + bettedit =dbdwdcEtwsddwc=dqaWAxcmand sailed dhase peateats dee dal' As �S Ahaw�: 7 ee said Am Pada b9m mped sai lar 8mZ sbnMa has armed drew Pseseams 10 be =Uxlwd 'n" Ls Wlieras ii0rewl�; tossid X00° aam0. orad its caepomm seat to be baeuomo d MM4 by its Pyr oil dmemD ding A ft 7* d9yJ%V ii. 1999. PrIMfZ- ,OAVA )A me rbOMA to ItsGYMmor RaaLCad Mg COW= Ave, 1525 MOMi Basdt. Fbod& 33144 S3# o61'WI317 791 L Stn BOOM _ NAW1 FL 33013 S9g267AS4389 is day. bcfaee me. m ofaaduly =&mind in On scree I tabe aelmaarWdscaas► phi sPP� ROSH L w oreo patsondi1 kwwn to Ss -0- 200 IMAGE01 FL -01-14090-2 01/29/20L-1:24:11am .ge 2 of 2 Vel Lae ed�aowled'd baio�e se Vat Vq ._ .aosaisdVar�e. A7fl4=mybmedandaMNm dkite Canty MdS MLyt* mMUVis7*dgof rll. M9. Q o�- bu COMABO Obi RXPNM& TAZS FI 11QA ATLAR08 'rF Act �rrM�1IA r i Y. A. awo�e► MMM ��rt�ou�r : � :x O1.- 200 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