HomeMy WebLinkAboutR-97-0553J-97-479
7/24/97
RESOLUTION NO. C,) 7 - 553
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A
RELEASE OF A UNITY OF TITLE, AND DIRECTING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN "AGREEMENT RE: RELEASE FROM UNITY OF
TITLE," FOR THE PROPERTY OWNED BY CORAL WAY
VENTURES, L.P., LOCATED AT APPROXIMATELY THE
CORNER OF CORAL WAY AND SOUTHWEST 2ND AVENUE,
MIAMI, FLORIDA, SUBJECT TO THE PROPERTY OWNER
EXECUTING AND RECORDING A NEW UNITY OF TITLE,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE ENTIRE PROPERTY AT THE OWNER'S
EXPENSE.
WHEREAS, Coral Way Ventures, L.P., (the "Owner"), is the fee
simple owner and record titleholder of the property located at
approximately the corner of Coral Way and Southwest 2nd Avenue,
Miami, Florida (the "Property"), which is encumbered by a Unity
of Title executed by Albert E. Quinton, Jr., a/k/a, A.E. Quinton,
Jr., President of Maquins, Inc., in favor of the City, dated
September 25th, 1981, recorded in Official Records Book 11273 at
Page 1557, a copy of which is attached hereto and made a part
hereof as Exhibit "A" (the "Unity of Title"); and
WHEREAS, the structure undergirding the original requirement
for the Unity of Title was demolished and is now the site of a
new shopping center; and
WHEREAS, the Unity of Title stated that it would be released
by the City when the "use of structure is removed from the
premises" [Emphasis added]; and
ATTACHMENT A b
CONTAINED
Resolution No.
97-- 553
WHEREAS, the City Administration recommends the release of
Lots 7, 8, and 9 less the North 101 'thereof, less West 10' of
Lot 9, and Lot 10 less West 10', Block 948, MIAMI HEIGHTS, Plat
Book 5, Page 29; and Lots 5 and 6,, less North 101, Block 94, CITY
OF MIAMI SOUTH, Plat Book 8, Page 41, of the Public Records of
Dade County, Florida, from the Unity of Title subject to the
property owner executing a new Unity of Title for the entire
property; and
WHEREAS, the City Commission, following a public hearing,
finds that it is in the best interest of the general welfare of
the City of Miami and its inhabitants to allow this release from
the Unity of Title and to authorize the City Manager or his
designee to execute an "Agreement Re: Release from Unity Of
Title" regarding the aforementioned property;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A release of a Unity of Title (dated
September 25, 1981 and recorded in Plat Book 11273 at Page 1557
of the Public Records of Dade County, Florida) is -hereby approved
and the City Manager or his, designee is hereby directedY to
l� 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.
2 -
97- 553
execute an "Agreement Re: Release from Unity of Title," for the
property owned by Coral Way Ventures, L.P., located at
approximately the corner of Coral Way and Southwest 2nd Avenue,
Miami, Florida, subject to the Owner's executing and recording a
new Unity of Title, in a form acceptable to the City Attorney,
for the entire property at the owner's expense.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th
ATTEST•
LTER J. F EMAN
CITY CLERK
.. : NI•'tills
.
YAMILE�RRERO/yREHY
ASSIST CIT TTORNEY
APPROVED AS VO FORM AND
CORRECTNESS:
AAA)
A. Q S, III
CITY ATT EY
W1722:YMT:BSS:ah
day of July 1997.
- 3 - 9'7= 553
F h99199706099704:0001 t%tgo 1 of 2
Scsmned on SC:A.NIAZ' Opet-ator LGOQ1J on Monday, June 09, at. 04;57:22 f'M
StR237835
Aftt 12737c 105T
M M OF TITLE
*AnT 8. QUINT0N, Jit., A/k1a A. E. QUINrGN, JR., end KAQUINS, 114C..
._a'1�lo.rQo;,corparstion, 166 gouthaest 13th Street, Miami, Dade County. Florida,
tq con�Idrritioa.of the City of ?Bari not running eanitary sewer lines to oach
of Eta said-Wividual lots described below, since all of the said late will
b�.d�tloptd for sae overall purpose, #ad for other good and valuable considers.-
>r ,oni do U4raby recognise and acknowledge.tlutt for- the public health, walfare,
46ty sad moral*, the hereinafter described property sbould not be divided
3n�o savaraI parcels Ornsd by several owners, without suitable sanitary severe
tq..c of Lhe aforesaid lots, wad do therrfore he rseby agree to restrict the
µas oft•
Lot* 7. B am 9 less the North 10' thereof, loss West 10' of
first 9. and Lot 10 leas vest 101, Block 948, mwa RKIGHTS, Plat
Boole S. Page 0; and lots 5 and 6, lase !forth 10'. block 94. CITY
0p K01 SaU"6 Plat Book 8, Peke 41. of the Public Records of
Dada County, r1oirida,
to the folloving wwtvar:
I. That said proprrty shall. be cont{iderad as one plot sad parcel
of lud aand that no portion of said plot and parcel of land
sha11 be sold, rxanefdnrod, divided or assigned separately.
except in its entirety my one plot or parcel of land.
2. That this condition, res+trictioa. and lititation shall be
deemed a covenant runalug with the land and shall retain
in full force and effect.. and be binding upon the owner and
his assigns until such tine as the scan may ba relvasad by
reaoluticru of the City Caartia»!soars of the City of ffiazii .
nade Cotwaty. Florida, ur successor public body.
gravid"# twoever. that a release vial be saecuted vban the prawisas are made
to toaf0m vith applicable coning regulations or the use or structure is
rtWvcd #son the preattva and there to no further rewoo to m4intaintbe 0nity
of Title oa the public records.
DATED at Miami, Florida, tlrle 25th day of September, 1981.
$gSned, sealed and delivered
the pre-90"t of;
Albert E. ZFUT—nton, jr., afkja
A. L'. Quinton, Jr.
►AgUT.NS, 1 C
EXHIBIT "A"
9 7r3 7
��
® CITY OF MIAM1, FLORIDA PZ-2
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and members
of the City Commission
FROMj1:.'�'.
:. ,, L,Edw� :rl,'Mar'quez
City Manager
RECOMMENDATION
DATE : FILE :
SUBJECT :
Release Unity of Title
for Coral Way and S.W. 2nd
REFERENCES : Avenue
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached request to
release the attached Unity of Title with the condition that it be replaced by a new Unity of
Title for the entire Shopping Center, that the property be replatted, or a Covenant in -lieu
of Unity of Title be submitted for recordation. The requested release is for lots 7, 8 and 9
less the North 10' thereof, less the West 10' of lot 9 and Lot 10, less West 10', Block
94S, Miami Heights, plat book 5, page 29; and lots 5 and 6, less North 10', Block 94,
City of Miami South, Plat Book 5, page 41, of Public Records of Dade County, Florida.
BACKGROUND
The requested release of a unity of title is in order to release the aforementioned lots as
specified in the attached recorded Unity of Title agreement (recorded in 1981). The
original Unity of Title was required in order to unify these properties because of a
previous grouping of buildings which required this unity for zoning purposes. The subject
buildings have since been demolished and the property has been redeveloped.
The Department of Building and Zoning finds that the unity of title agreement is however
still required for the new shopping center at this location due to the fact that the property
has not been replatted. A release of this unity of, title agreement without a
replacement agreement or replatting could result in the lots containing required
parking being sold off separately from the rest of the shopping center; if this were to
happen, the city would be left with a shopping center that did not comply with
��. minimum parking requirements.
The department is therefore requesting that this approval be subject to the condition that
the applicant either: 1) replat the property; 2) provide the City with a new Unity of Title
agreement for the entire series of properties involved; or 3) provide the City with a
Covenant in -lieu of a unity of title which specifies that for zoning purposes, the property
will always be considered one tract.
97-- 553
Law Offices
HOLIAND �GHT
ARegistered Limited Liability Partnership
701 Brickell Avenue
P.O. Box 015441 (ZIP 33101-5441)
Miami, Florida 33131
305-374-8500
FAX 305-789-7799
June 10., 1997
VIA LAND DELIVERY
Ms. Teresita Fernandez
Director of Hearing for City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
Re: Release of Unity of Title Agreement
Dear Ms. Fernandez:
Atlanta
Orlando
Boca Raton
St. Petersburg
Fort Lauderdale
Tallahassee
Jacksonville
Tampa
Lakeland
Washington, D.C.
Miami
West Palm Beach
WILLIAM
R. BLOOM
305-789-7712
Internet Address:
wbloom@hklaw.com
This firm . represents Coral Venture, L.P., the owner of the Publix Shopping
Center located at the corner of Coral Way and S.W. 2nd Avenue in the City of Miami.
A portion of the Property is subject to a Unity of Title Agreement that is recorded in
the Official Record Book .11273 at Page 1557 of the Public Records 'of Dade County,
Florida. This Unity of Title Agreement, which was recorded in 1981, has not been
released the record. Subsequent to the recording of the Unity of Title Agreement, all
improvements located on the Property were demolished and a new shopping center,
which includes Publix Supermarket, was constructed on this Property. The
construction began in 1995 and was recently completed.
In light of the fact that the improvements constructed on the Property, pursuant
to the original Unity of Title Agreement, have been demolished, it would appear
appropriate that the Unity of Title be released: The Unity of Title states that it will
be released when the "use or structure is removed from the premises". The Unity of
Title must be released by resolution of the City Commission.
For your convenience, I am enclosing a copy of the original Unity of Title
Agreement together with a copy of the survey of the Property. The current owner of
the Property, Coral Way Ventures, L.P., a Georgia limited partnership, requests that
97- 553 3
Ms. Te: esita Fernandez
June 10, 1997
Page 2
the release of the Unity of Title Agreement be presented to the City Commission for
approval in accordance with the terms of the Unity of Title Agreement
Please do not hesitate to contact me if you have any questions.
Very truly yours,
HOLLAND & KNIGHT LLP
William R. Bloom
WRB(raw
Enclosure
MIA3-508099
97- 553
�I-
w-
THISI AGREEMENT made and entered into on this _ day of
1997 by and between Coral Way Venture, L.P. Ltd. a
Georgia .Limited Partnership (hereinafter referred to as "Coral way
Venture") and the' CITY OF MIAMI, a municipal corporation
(hereinaflter referred to as "City")
I
i
W I T N E S S E T H:
WHEREAS; Coral Way Venture is the owner of certain real
property.11ocated in Dade County, Florida and described as:
Lots 7, 8, 9 less the North 10' thereof, less West 101 of
Lot 9 and Lot 10 less West 10' , Block 948, Miami Heights,
Plat Book 9, Page 29, and Lots 5 and 6 Less North 101,
Block 94, CITY OF MIAMI SOUTH; Plat Book 8, Page 41 of
thelPublic Records of Dade County, Florida.
WHEREAS, Coral Way venture's predecessor in interest entered
into a certain Unity of Title Agreement dated September 25, 1981
and recorded on November 19, 1981 in O.R. Book 11273 at Page. 1557-
1558 of the Public Records of Dade County, Florida; and
I
WHEREAS, Coral Way Venture desires to release of the
aforedes ribed from said Unity of Title Agreement; and
WHEREAS, the City agrees to the release of the aforedescribed
from said Unity of Title Agreement.
NOWj THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations in hand paid
receipt of which is hereby acknowledged, the parties hereto
covenantland agree.as follows:
i
1. The above and foregoing is true and correct.
2. i The parties hereto hereby release the following real
property from the Unity of Title dated September 25, 1981 and
97- 553
l00 d 66 68 131 ZH91N)l 1MV110H Et l i
i
recorded 41-ic
on November 19, 1981 in O.R. Book 11273 at Page 1557-1558
of the Records of Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have .placed their hands
and seals on the day and year first above written.
Witnesses: Coral Way Venture L.P., Ltd.
a :Georgia" Limited Partnership
41
t
Printed lame
W
Signaturel
Printed Ndme
Signature
Printed Name
Signature
Printed Name
By:
William D. Newcomb.
Partner in Jamestown 11,LLP
General Partner of Coral
Way Venture L.P., Ltd.
CITY -OF MIAMI
Sy
CARLOS SMITH,
Director, Building and
Zoning Department
STATE OF I GEORGIA )
COUNTY OF DADE )
The
foregoing instrument was acknowledged before me this //14-
day of , 1997 by William D. Newcomb, as Partner Coral Way
Venture, L. ., Ltd. a Georgia Limited Partnership, on behalf of the
Limited Partnership, who is personally known to me or who
produced) as identification.
My
V
66L:68::131
9� �h
No ary Public
97- 553
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M297835
jJj M 0E TITLE
41.11'!i'RT as QUINTON, JR., slk/s A. B. QUINTON, JR., and MgUINS, INC..
i`fflo�t ;,eai tabfan, IM Smthwest 13th Street, Kash, Dade County, f'lorida,
4A conold*r ation. of the City of Mimi not running sanitary sever lines to each
of tiio•taid individual lots described below, since all of tha said tots will
b4t4*1*W Inv opt averall purpose, and for other good and valuable considera-
fltrt; do hereby raeogsriao and acknowledge that for -the public health, welfare,
sot'Itp am atareltt, the hereinafter drocribed property sbould not be 4ivided
U..0 sevatial portals, &jaed by several oroeto, Without suitable sanitary severs
ta.*4.� 91 the aforesaid lots, "d do therefore hereby agree co restrict the
i+se oft
Leto f• 0 sad 9 tens the North 10' thereof, loss West 10' of
Lot 9, and Lot 10 lass Wart 30', Moak 948. ZiYANI MIGHTS, Plat
Book S. Ysge Z9; and cats 5 and 6, less Berth .100, block 94. CITY
0p MWI 50M, Plot gook 6, Pa -be 41. of the Public Records of
we County, Plorlds,
to the following aaaner:
t._ That said property shall: be coastdared as one plot Sad parcel
of Land and that no portion of said plot and parcel of land
shall be sold, Ctasfanvd, divided or assigned separately.
except in its entirety crw one plot or parcel of land.
2. That this condition, reomriction. and limitation shall be
chewed a covenant ruraeirtS with the land sad shall resain
in full force and Offeet. and be binding upon the owner and
his assigns until such claw as the ssam may be rel"4404 by
rosolution of the City crawsisoiaaaro of the City of Hiami.
na4e County, Florida, at, successor public body.
pawide4, hse,sver, that a raleass will be xrsecuted wbsn tho pramaises sire "4e
to tonforal with applicable caning regul4tiatns or the use of strvaturer is
rsdtoved from the preaches sod theme to no further ressoo to tssintaintbe Vasty
of TWO on the public records.
Y
DATED at Mimi, florid&, tMe 25th day of September, 1981.
Sjsom4, #**led end deltvcred
A. L. Qui»ton, Jr.
PAGE 2
97-- 553
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4opermor
99199706099704:0001 -•Pnrc 2 of 2
Scatuied oo WAiVRRI(.GOQ(J on Monday, Juno 09, 0at 04:57:22 I'M
rHut
It 11273 Il 55�
STATZ Of MOW
txElm of DAUB
'M% foregoing instv=ent van acknowledged before me this 25th day
of 9iiptember, 1981.by WRItT B. QUINTt I,..tR., a/!c/a A. E. QUINTdN, JR.
• Kotasy Puhlic, StAfte of Florida At Large
My Com kiision Expires: , • I�
brlCjtt
Hll�.
STATE OF VIAR1aA
tD01J1M OP BADE
vWA 'AIL
The foregoiag instrument wait acknowledged before me this 25ch day
of Serptewber, 1981 by ALBERT E. QUINTON, JR.; as Preoident of MMUtNS, INC., a
Florida corporation, on behalf of the corporation.
,��� L i�'�. i ��• tom�'
Mary public, of FlorW4 at Large
My Comlest on Expires:
This 'instruawent' vas prepared by:
A.. E. Quinton. Jr. of the lev office: of
quitltoo, Luaws. D=wody 6 Adam, 8-A.
W Soutbwsst 13th Street
Miss" Florida 33130
f-% f L�. .. . "u ' J, t.! •v .ice .
ttadl..• ...•.., v.+ i� �.
0,00 • NNIM►�� Ylar owaa
� s p tIGAO
.
97-- �53
A R► p A V I T
S,TA79 OF FLORIDA }
Cfl11li'fr At DADg ? � �
Ware eat, a enders14040 Authority, this toy parwally ■ppeared
William D. Nenrco , VFW being by of first duly $09m, updp Nth, Qepose
■rid tyi t
1. Thee he is the 'Omer, or tAe tagal mpmentatir►o of the orrJ
subaft6ing the aec ing ApplicW46 for a public hoariotq its raouired
Crdfnenee now of th Cad• of the C4ty of luaus, alarida, affeetiAl tho reel
Ong" 14w.&W in he City of Masi, as dertribed ■ed listed at the peg
attached to this Affid Ivit, ad e■b a part chef"t.
' 2. That 411 @Mrs which he ropresents, if ems, Aare Qiren their fu 1
VA complete PormtsSiod for him to act in their behalf for tk vans, or adifics.
tim of 6 elaesificat On or regulation of zoning as sot out in the &C0Wpanyir%
Oetition. '
3. That thl pages, a whod hereto w d mede a part of this offit"it
contain tM tWrerit n a, 01111is eddret»s, phut* Adkrs of logbt dqSeriptioq>d
1
for the the poi propf ty of Alch he is the owwr cr legal roprossntbti,re,
�. The factA •o repVtoted ill the tppliestloii.and 40=wtu ufttt�
in "woolen olen Stith Al I affidavit are Ina and correct.
hAWAffivift sayeth not. '
tsu
Kure aat .rrc IJ
Swro to Grit subscribed befere at
i
thiG by of . 28$7
NOV7 h+iyj state Of F1oMde st Lae10
!V CoWssioe iuplres: f-4 M+tst1
ah� Np'f�lgy � 1
97- 553
® WOWS LIST
Oestar'S Nsa� Coral ita Venture, L.P. Ltd. .
Railinb Address Two Pace West, Suite 1600, AtUnta, CA 3C339
T•lephon� iNaber 770-A0S- Q10
Lots 7 B, 9 lies the North 10' thereof, 1e66 Wass 10 o 9
U461 Dasvriptie"I aad Lo 10 less West 104, 910ax 942, Miami MaLghts, Plat. Boom 9,
page 29y " &9t8 s asul G lose North 101, Block 9L, Cit.v of .Mlwa 8cu Pant
Book 8, gage 41 of tna abiic lscords Of IIada Ca%mty jQzaLed at the co r of
coral Way jmd ow Ind A sus, Miami. Florida
Omer's MYe
Mailing Address
tolephoes Nab#? I
Legal i�seriptiOAs
owner's Nape .••..
ftilin$ Address
Talapho" Number ....
Legal Desetiptiaaa
MY ath4F Mal esttte
partnetship or privately)
street +wan:t
Street Ad MS
street Address
I
t
psrq erred individually, joidtly, .or 3eveMlly (by rpon�tiei+,
id V5 hart of the sW deet site is ltstsd as tolla i
Legal oasemotion
I
' 6 1 i ietti
i
97, bb3
013CLOSURE OF own"NIP
l
i. Legal wcrtptiah &rA
t address of Sul feet rill 0"Pertr:
D
Lot 10 loxx
Lots 7, 9, 9 Leas
the 31artb 10' thereof., less Wast 101 of Lat au4
West la' Block
usighu, Plat Book S, Pagi 291 and Lots
S,h11d B logo
North 10', Blac
City ag Miami South, P]At Bock S. Pal* 41 eF
the Public
RBCotds of Dadety
located at the cornar or Coral WAY 0=4 8N
nd Avenue,
Miaai, rlotIA&
Z. owntr(a) of : setprapofty
and pareentwe at awnershtp. Mote, tier of ri+a�si
J4�xiami,
ordin►cs No. 9411ts
41seicsure of al1 partles having a financial lnteres�t,
either dIr"t or le,
in the subject snttar of a 4rasaetition, request
er
petition to tM Ciaissi9p.
Mcor4jally, gq%sttoa tt r"mires disalesure
df
shareAott4nt of serons,
Oaneiic+antes of trusts, and/er aro► ether intierespartial,
tapether Meir
addresses and proportionate interest.
coral way Ve�nt=.P.,
Ltd., cwaia the p9oporty. 3a<naaLtt� XI
is. the
Gaaeral partneroral
foal+ van%mra, L.f, and Hiil� D. NewombIsPartnar
df Jau+.eYZ,
LIP I
3. Regal description
listed to answer to
rem, propt v-
N/A
STATE Of FLOyaVA
CNwrIr OF out }
William. D. xwRacod
is the (Plane Print) ow
enawer to questieft H nor
are tna and e�lote awl
ssac.� A t�* disc oaure Of
SVW TO and VMCAt
before
did of , 1
Nl' COI NSIOiN t7NpUM
+ lh
-14 ♦���'•w'C7A
�a�r v ���Jl1�
?.; r
`. to Ry 1
F E—Ppme
MOANft IK V"
strest address of any real property (o) Pilled by aw
stun ft, and (b) located within no Not of the a
id�r
----; . ale A„01M in
'William D, blewcot.tb
,r,r„-- _. being duly swomp dMosea and sop that
(ARNey tar owner) of the real "VU ducribed a
that he his read the foregoing mom and an too s
sell"$ as attomwy for Owner) that M hat suften,p to
orship Tarr opt bealf. of t^M owner.
W,CY�G► D J . L0-0 f
of owner Of A
13. Nowcamb�
tretarlr lie, State df 61ofHda at Laro�
97- 553 I