HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 4172
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A PARTIAL RELEASE OF A
COVENANT AND AN EASEMENT AGREEMENT AND SUPPLEMENTAL
COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, AS
PROVIDED IN EXHIBIT "B", FOR A PORTION OF A PLATTED
EASEMENT WHICH CURRENTLY SITS ON A PORTION OF THE
PROPERTY GENERALLY LOCATED AT 3977 SOUTHWEST 37
AVENUE; SPECIFICALLY, THAT PORTION WHICH LEADS UP TO 3995
SOUTHWEST 37 AVENUE AND 3985 SOUTHWEST 37 AVENUE MIAMI,
FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", IN ORDER TO
USE THE SUBJECT PROPERTY AS A BUILDING SITE.
LOCATION: Generally located at 3977 SW 37 Avenue, more specifically located between 3983
SW 37 Avenue and 3979 SW 37 Avenue, and that portion which leads up to 3995 SW 37
Avenue and 3985 SW 37 Avenue [Commissioner Ken Russell - District 2]
APPLICANT(S): Bethany's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, Oliver's
Holdings at Hissar, LLC
PURPOSE: This is a partial release of a recorded covenant, an easement agreement, and a
supplemental covenant to allow a property to be used as a building site.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
City of Miami
Legislation
Resolution
Enactment Number: R-18-0352
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4172 Final Action Date:7/26/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A PARTIAL RELEASE OF A COVENANT AND AN EASEMENT
AGREEMENT AND SUPPLEMENTAL COVENANT, IN SUBSTANTIALLY THE
ATTACHED FORM, AS PROVIDED IN EXHIBIT "B", FOR A PORTION OF A PLATTED
EASEMENT WHICH CURRENTLY SITS ON A PORTION OF THE PROPERTY
GENERALLY LOCATED AT 3977 SOUTHWEST 37 AVENUE; SPECIFICALLY, THAT
PORTION WHICH LEADS UP TO 3995 SOUTHWEST 37 AVENUE AND 3985
SOUTHWEST 37 AVENUE MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT
"A", IN ORDER TO USE THE SUBJECT PROPERTY AS A BUILDING SITE.
WHEREAS, Bethany's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, and
Oliver's Holdings at Hissar, LLC (collectively, "Applicant") submitted a request for a Special
Appearance for the partial release of a recorded Covenant and an Easement Agreement and
Supplemental Covenant for a portion of a platted easement, generally located at 3977
Southwest 37 Avenue, Miami, Florida, specifically that portion which leads up to 3995
Southwest 37 Avenue and 3985 Southwest 37 Avenue, Miami, Florida, as legally described in
Exhibit "A," ("Easement"); and
WHEREAS, the Plat of Hissar ("Plat") was approved by the City Commission on July 25,
1968, pursuant to Resolution No. 39895 with a Variance; and
WHEREAS, as a condition of approval for the Variance, Lot 10 was designated as an
easement for utilities and for access to Lots 1 through 9 and was not to be used as a building
site; and
WHEREAS, the restrictions on Lot 10 were memorialized in a Covenant and recorded in
the Official Records Book 6329, Page 619, of the Public Records of Miami -Dade County
("Covenant"); and
WHEREAS, the Covenant also established the Hissar Property Owners Association,
Inc., ("HOA") to which title to Lot 10 was granted; and
WHEREAS, the Covenant was subsequently supplemented by that certain Easement
Agreement and Supplemental Covenant dated February 25, 1971, and recorded on April 16,
1971, in Official Records Book 7187, Page 803 of the Public Records of Miami -Dade County,
Florida ("Easement and Supplemental Covenant"); and
WHEREAS, pursuant to the Easement and Supplemental Covenant, the HOA as the
then owner of Lot 10, granted to the then owners of Lots 1 through 9, a perpetual easement
over and across Lot 10 for private access way and utility easement and for the purposes of
ingress and egress of said lot owners and their guests and invitees; and
WHEREAS, the HOA conveyed the easternmost 7,227 square feet of Lot 10 ("Portion of
Accessway") to the Applicant,pursuant to a Warranty Deed recorded February 3, 2015, in
Official Records Book 29487, Page 2372 of the Public Records of Miami -Dade County, Florida;
and
WHEREAS, on or about January 27, 2015, the HOA executed a Release of Easement
and Other Rights regarding Lot 10, but only as it relates to the Portion of Accessway,
conditioned upon 1) approval and recordation of the T-Plat; 2) turnaround access as provided
on the T-Plat or other like turnaround area; and 3) the requirement that the rights to access the
turnaround to be granted in favor of the owners of Lots 1-5; and
WHEREAS, the Applicant applied for approval of the tentative plat #1863-D for "Hissar
Grove" ("T-Plat") and received a favorable recommendation for the closure of the Portion of
Accessway, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as amended;
and
WHEREAS, an approval for the Portion of Accessway closure is not effective unless the
Covenant is released; and
WHEREAS, the partial release of the Easement Agreement and Supplemental Covenant
will remove the restrictions on the land and allow the Property to be used as a building site; and
WHEREAS, the partial release of the recorded Covenant is subject to being approved,
as to legal form and correctness by the City Attorney; and
WHEREAS, the closure and partial release are consistent with the goals, objectives, and
policies of the Miami Comprehensive Neighborhood Plan ("MCNP") as the partial release of the
recorded Covenant and an Easement Agreement and Supplemental Covenant will allow the
Applicant to improve this Lot; 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 approve
the partial release of the recorded Covenant, Easement Agreement and Supplemental
Covenant, in substantially the form attached, and therefore grants the request;
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.
Section 2. The partial release of the recorded Covenant and an Easement Agreement
and Supplemental Covenant, as set forth in Exhibit "B," attached and incorporated, is hereby
approved, and the City administration is hereby authorized to execute the partial release.
Section 3. Except as expressly modified, all provisions of the recorded Covenant
continue in operative force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey , 7/1272018