HomeMy WebLinkAboutSubmittal-John Snyder-Letter and Corrective Warranty DeedCritique of Mr. Cejas Synopsis
Mr. Cejas analysis is closely parallel to the attorney representing the developers in this matter. He uses
the Miami muni code definition for a lot. I.e. platted property. The definition for a building site in NCD-3
section A-3, 3.6 c does not say Platted; it says one or more lots ...that are aggregated to form a single
family residential site including vacant lots...
He also cites the wrong section of NCD-3 section 3.6 regarding dimishment. The correct section is "No
building sites in existence prior to September 24, 2005 shall be diminished in size except by warrant,
subject to the criteria in Article 4 Table 12 Design Review Criteria."
Mr. Cejas relies on the tax card for 4384 Ingraham when in fact the deed shows that there are 5 folios
and 5 tax cards for the property. The deed dated 20th October, 2015 shows that the subject property
was an aggregation of contiguous platted and unpiatted lots as described by NCD-3 A-3 , 3.6 c. Lots 18 &
19 in coconut Grove manor and the unplatted lot described by meets and bounds. The lots are all
contiguous and under common ownership. The entire property has 5 folios as portions of Pots 18 & 19
are in both Coral Gables and Miami (2 folios each) and the unplatted lot is in Miami only.
Further, section 3.6 specifies that other T3 zoning regulations apply within NCD-3; but If any such
requirements conflict, NCD-3 requirements shall apply.
In conclusion, the property is a building site and as such cannot be diminished without a warrant.
Submitted into the public P\
record f r i(e s) LA
on City Clerk
44sSmxtf — tAtfc" 4"ek.."\IQ \'''""\\°1 e,e(\
Thin instrument prepared by:
THOMAS L. HARRIS ESQ.
Thomas L. Harris, P.A.
9500 S. Dadeiand Blvd., 01500
Miami, FL 33156
Return To:
Law Offices of Gustavo Deribeaux
4904 SW 72 Avenue
Miami, FL 33155
Tax Folio Numbers: 03-4129-024-0240
01-4129-024-0241
03-4129-024-0250
01-4129-024-0251
01-4129-000-0210
1111111111111111111111111111111111 1111111111
CFI•) 2O1SRO70591O
OR BK 29$41 Pss 2072-2074 (5Pss)
RECORDED 11 /04/2015 1 E i s 07:O6
DEED DOC TAX $0.60
HARVE3' RIJii1NP CLERK OF COURT
rIJ I-DADE (ARMY, FLORIDA
CORRECTIVE WARRANTY DEED *
THIS WARRANTY DEED made the" day of October, 2015, by
and between JAMES C. HOBBS, III, DOUGLAS H. HOBBS and RICHARD L.
HOBBS, individually and as surviving Successor Co -Trustees of
the MARGARET H. HOBBS 1997 REVOCABLE TRUST ("Grantors") and
BATTERSEA WOODS, LLC, a Florida limited liability company
("Grantee"), whose mailing address is 4904 SW 72 Avenue, Miami,
FL 33155.
THAT, the Grantors, for and in consideration of the sum of
TEN SAND NO/00 DOLLARS ($10.00) and other good and valuable
considerations, to them in hand paid by the Grantee, the receipt
whereof is hereby acknowledged, hereby grant, bargain and sell
to Grantee, its successors andassigns forever, the following
described real property, located and situate in Miami -Dade
County, Florida, to -wit:
SEE EXHIBIT "A" — Legal Description attached hereto
*Documentary Stamp taxes were paid in connection with this
transfer pursuant to Deed Recorded 8/9/13 in OR Book 28765 Page
4837, Public Records of Miami Dade County
The subject property .is not the Homestead of Grantors, nor
is it contiguous to or adjacent to the Homestead of
Grantors. Grantors reside at the addresses listed
underneath their respective signatures on the following
pages.
Baok29841/Page2072 CFN#20150705910
Submitted into the public
C:ity
record f r it in{s)
on a.1.1(;).
c,k
Submitted into { } publi Page 1 of 5
record fqr it , 3
on I/146 . City Clerk
Page 2 of 5
Corrective Warranty Deed: Margaret H. Hobbs 1997 Trust to
Battersea Woods, LLC
This conveyance is subject to the following:
1. Taxes for the year 2013, and subsequent years.
2. Conditions, restrictions, limitations, agreements,
reservations and easements of record, if any; but this
provision shall not operate to reimpose the same.
3. Zoning and other governmental regulations.
The Grantors do hereby fully warrant the title to the real
property hereby conveyed and will defend the same against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantors have executed this Warranty
Deed on the date and year written beside her respective
signature.
Witnesses:
Print Name: C iy aranitvr7
Print Name: TrOCX1400
STATE OF
COUNTY OF
S C. HOBBS, III
13 Paces Ferry Drive
Atlanta, GA 30339-4415
The foregoing instrument was acknowledged before me this
day of October, 2015, by JAMES C. HOBBS, III who is
personally known to me or who produced Guirim 'fin- teF i..CCON
as identification and did/did not take an oath.
KUR F
v t' O4 surerd Fio*J
NSW
b Nat 00rel 23,1212
Book29841IPage2073 CFN#20150705910
•
SCO Ft•Pir-
Printed Name:
Notary Public State of ft,
Submitted into the public
record icy it'r(s)
can ...t L City C°ierl�
Page 2 of 5
Submitted into the public City [� i
on record titl��l 1s} C y
Clerk
Page 3 of 5
Corrective Warranty Deed: Margaret H. Hobbs 1997 Trust to
Battersea Woods, LLC
HOBB
623 Shor- . od Drive
Seabrook, TX 77586
Print Name: kr, ;el
STATE OF/5
COUNTY OF Y r j.
The foregoing instrument was acknowledged before me this
g ni day of October, 2015, by DCUGLAS H. HOBBS who is
personally known to me or who produced 1Xt L
as identification and did/did not take an oath.
MAR1SSA CR[Fi_
NowyNNk
ST/ FE OF= 77 X V:
pF tv3=+`
Book29841/Page2474 CFN##2O1507O5910
Printed Name: faris5p.W
Notary Public State of
Submittal into the public
record f r i eni(s) — t4
''n�.�• City Clerk
Submitted into the public
record � ��qin(s)
on
Page 3 of 5
City Clerk
Page 4 of 5
Corrective Warranty Deed: Margaret H. Hobbs 1997 Trust to
Battersea Woods, LI.0
Witnesses:
RICHARD L. HOBBS
18395 SW 248th Street
Homestead, FL 33031
STATE or ,P,041..) r-4-
COtfl TY OF tti i Part
The foregoing instrument was acknowledged before me this
„ / day of October, 2015, by RICHARD L. OBBS wh is
personally known to me or who produced drioee- fe -
as identification and did/did not take an oath.
Aaina Perez
State of Florida
My Commission Expires 10/2612017
OF - Commission No. FF 66716
Book298411Page2075 CFN#20150705910
Printed Nassrte : at,94,
Notary Public State ofIa
Submitted isato thy: public
record f r it •m(s)
on A City Clerk
Submitted into the publiem
Page4of5
,
record f r ite (s)
on 111,1,111 • City Clerk
OR RK 29841 PG 2076
LAST PAGE
Page 5 of 5
Corrective Warranty Deed: Margaret H. Hobbs 1997 Trust to
Battersea Woods, LLC
EXHIBIT ti"A„
LEGAL DESCRIPTION
Parcel 1:
Lots 18 and 19 of Block 2, of COCONUT GROVE MANOR, a subdivision
according to the Plat thereof, as recorded in Plat Book 17, at
Page 19, of the Public Records of Miami -Dade County, Florida.
Parcel 2:
A parcel of land located in Section 29, Township 54, South,
Range 41, East, Miami Dade County, Florida, being more
particularly described as follows: Begin at the intersection of
the Northwesterly Right of Way Line of Ingraham Highway and the
Northeasterly corner of Lot 19, Block 2, of aforementioned Plat
of Coconut Grove Manor; thence proceed West along the Northerly
line of aforementioned Lot 19, and its Westerly projection,
278.58 feet; thence along a line 200.00 feet Easterly of and
parallel to the East line of Lot 1, Block 2, of said Plat of
Coconut Grove Manor, North, 140.75 feet to the intersection with
the Southerly Right of Way line of Battersea Road as it appears
on the Plat of Coconut Grove Manor; thence East along said
Southerly Right of Way Line of Battersea Road, 350.95 feet to a
point of curvature of a circular curve to the right, concave
Southwesterly and having for its elements a central angle of
127° 00' 00", and a radius of 25.00 feat; thence along the arc of
said curve 55.41 feet to a point of tangency of said curve, said
point also being on the Northwesterly Right of Way Line of
aforementioned Ingraham Highway; thence along said Northwesterly
Right of Way Line at Ingraham Highway 5.37'00'00"W, 72.63 feet;
thence $ 47°50'00"W, 65.88 feet to the Point of Beginning.
Booit29841/Page2076 CFN#20150705910
Submitted into the public
record f� r it m(s) __, � 4
on[ City Clerk
Page 5 of 5
Submitted into the public
record f' `
r it rn(s)
on %LI U, City Clerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Vice Chair Ken Russell
FROM: Devin Cejas
Zoning Administrator
DATE: September 20, 2016
SUBJECT: Planning and Zoning Synopsis
Battersea Woods Plat
REFERENCES:
ENCLOSURES:
Synopsis on Proposed Battersea Woods NEW Plat Commission Item
Planning & Zoning determination to proceed with the Platting approval as presented. Determination was
contingent on two points:
1. Applicability of Appendix A, NCD-3 Section 3.6.g.1; if a Warrant was required for the
diminishment of land.
2. Applicability of Appendix A, NCD-3 Section 3....; if the Large Lot requirement with regards to
10,000 square feet of area and 100 feet of frontage applies.
Issue #1 - Relevant facts adhered to when determining that no Warrant was required:
Ordinance in question:
Appendix A, NCD-3 Section 3.6.g.1; Lots and building sites:
Wherever an existing single-family residence or lawftf accessory building(.) or structure())
is located on one or more platted lots or portions thereof, such lots shall thereafter constitute
only one building site and no permit shall be issued for the construction ref more than one single-
family residence except by Warrant...
The Tax Card indicates that an existing Single Family Residence with a Garage that was converted into
living quarters was built in 1910. Structures were located entirely on UN -PLATTED lands. Tax Card lot
description confirms that structures were built entirely on the Un-Platted portion of land within the
Coconut Grove Manor subdivision. Remnants of platted lands (associated with lots with of record to
Buildings permitted within the City of Coral Gables) are NOT identified on the original Tax Card.
In or about 1925 the plat for the subdivision of Coconut Grove Manor was created specifically omitting
the property in question (4384 Ingraham Hwy). Plat included Lots 17, 18, 19 that allowed for the eventual
development of Single family homes erected on each of those lots within the jurisdiction of the City of
Coral Gables. In or about 1931 the City of Miami territorial limits were fixed pursuant to Laws of Fla.
Ch. 15687 delineating the southern boundary approximately 13 feet to the South of the un-platted
property described above creating the remnant in question. Remnants of these lots (approximately 13 feet
in depth) are located within the City of Miami Limits and were later deeded over to property in question.
In conclusion; In order for this application to trigger the requirement of a "Warrant" pursuant to
Appendix A, NCD-3, Section 3.6.g.I, the demolished Single Family Residence must have been located
(established, built, constructed) on platted property to be considered a "Building Site".
"Wherever- an existing single-family residence or lawful accessory building(s) or structure(s) is
located on one or more platted lots or portions thereof such lots shall thereafter constitute only
Submitted into the public4 e
recorditgrn(s)
on -, . City Clerk
one buildings site and no permit shall be issued for the construction of more than one single-
family residence except by Warrant."
Since the property is not a building site, as defined by this section of NCD-3, and because this land is not
platted a plat is required for development, but not the special permit "Warrant" to allow for the
diminishing or subdivision of land. In addition, the remnant does not constitute "potions thereof" of
platted lands due to the fact that the Structures were not "located" on the portions of those platted lands.
Issue #2 - When applicability of Lot Size minimums are required:
It is argued that the property lies within the jurisdiction of the pre-existing SD-I8 boundaries and that the
configuration of the 5 Lots proposed for Plat do not meet those standards.
Pursuant to Article 2 Section 2.2.1. I the entirety of Ordinance 11000, which included SD-18 and SD 1 S.1
was repealed and only SD-27 and Section 616.3 was retained and reclassified into Appendices for
Midtown Special District and Miami WorldCenter. This is crucial as both of these current appendices
were retained with their respective boundaries and if SD-18 and SD-18.1 boundaries were to be carried
over it must have been acknowledged here.
Pursuant to Article 3 Section 3.12.2; only the specific boundaries of NCD or discussed. No mention of
SD-18's applicability.
Pursuant to Article 3 Section 3.12.2(h) Miami 21 carried over specific criteria from 11000 pertaining to
the intent, development standards and Lot size requirements with specific language "The Coconut Grove
NCD-3 incorporates and amends"... then specifies original adoption of ordinances pertaining to NCD-3
and SD-18's, then concludes with the following "The Coconut Grove NCD is hereby adopted and
codified in Appendix A.3 to this Code". Note that no reference to specific Boundaries or map is
mentioned, but the NCD boundaries were.
Furthermore the current NCD-3 language within Appendix A does not make mention of SD-18 or SD-
1 8.1, or their respective boundaries that deemed what properties within NCD-3 were subject to the
applicability of the Large Lot Residential criteria (10,000 sf and 100 ft frontage) or Oversize Lot
Residential Criteria (20,000 sf and 100 ft frontage).
NCD-3 does make reference to character Lot Minimums that must be considered to attempt to maintain
the character of the existing larger Lots that encompass the Grove. Below is the criteria:
i. Single Family Large Lot Residential designation
1. Lot size
Minimum lot size is limited to ten thousand (10,000) square feet and the
minimum lot width is limited to one hundred (100) feet in order to
preserve the lame lot suburban character of certain neighborhoods
within Coconut Grove.
2. Limitations on yards
All yards adjacent to South Bayshore Drive shall be a minimum of
seventy (70) feet.
.j. Single Family Oversized Lot Residential designation.
1. Lot Size
Minimum lot size shall be twenty thousand 00.000 square feet and
minimum lot width shall be one hundred (100) feet.
2. Limitations on t°ards
All yawls adjacent to South Bayshore Drive shall be a minimum of
seventy (70)
feet. Submitted into the public `
record r ite s) T 11►
on City Clerk
In Conclusion; the applicability of the Lot requirement minimums is specific to the subdivision of
previously platted Lots. This is acknowledged by specific language used above when incorporating the
word "Lot" regardless of map reference for specific applicability. The definition of Lot does not
acknowledge un-platted lands, but does make reference to "existing Building Sites", which has been
determined with issue #1 above that this property did not meet that definition.
Therefore, when considering the unique composition of both issues at hand, the only applicable law that
applies is within the Zoning Ordinance of Miami 21, Pursuant to Article 5 Section 5.3.1 (a) "Newly platted
Lots shall be dimensioned according to illustration 5.3", minimum Lot standards for residential
properties are 5,000 sf area with 50 ft frontage, thus supporting the recommendation of the presented and
proposed 5 Newly platted Lots for the Battersea Woods Plat.
cc. Tomas Regalado, Mayor
Keon Hardeman, Commissioner - Chair
Wifredo Gort, Commissioner
Francis Suarez, Commissioner
Frank Carollo, Commissioner
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Nzeribe Ihekwaba, Assistant City Manager
Todd B. Hannon, City Clerk
Anna Medina, Agenda Coordinator
Francisco Garcia, Planning and Zoning Director
Submitted into the public
record f mites) City Clerk
on_.