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Home My WebLink AboutR-76-0751MEA/rr 7/22/76 RESOLUTION NO. 76-751 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A RELEASE OF THE UNITY OF TITLE PROVISION CONTAINED IN THE JUNE 19, 1969 DEED ISSUED BY THE CITY OF MIAMI AS GRANTOR TO THOMAS G. MUMFORD AND MARGARET A, MUMFORD AS GRANTEES FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 5, BLOCK 1, COCONUT GROVE MANOR (17-19) INSOFAR AS THAT PROVISION REQUIRES THE UNITY OF TITLE TO ANY MORE THAN LOTS 4 AND 5, " �� '1 ;1,OCK 1, COCONUT GROVE MANOR (17-19) . SUDG{.i�t:;i� FOLLOW" WHEREAS, the City of Miami sold Lot 5, Block 1 of COCONUT GROVE MANOR (17-19) to Thomas G. Mumford and Margaret A. Mumford; and WHEREAS, the Deed issued by the City of Miami con- tained a Unity of Title provision unifying the title of the property sold (Lot 5) to other adjacent property already owned by the Mumfords (Lots 1 through 4); and WHEREAS, the Mumfords have requested a release from the Unity of Title provision for Lots 1, 2 and 3; and WHEREAS, The City finds no reason for requiring the inclusion of Lots 1, 2 and 3 in said Unity of Title provision; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT, INDEX ITEM NO 6- ►r Section 1. The City Manager and the City Clerk be and they are hereby authorized and directed to execute a release of the Unity of Title provision contained in the June 19, 1969 Deed issued by the City of Miami as Grantor to Thomas G. Mumford and Margaret A. Mumford, as Grantees, for the property CITY COMMISSION MEETING OF JUL 2 2 1976 IJ RESOTION NO. / ) �` - /0 REMARKS; legally described as Lot 5, Block 1, COCONUT GROVE MANOR (17-19) insofar as that provision requires the Unity of Title to any more than Lots 4 and 5, Block 1, COCONUT GROVE MANOR (17-19). PASSED AND ADOPTED this 22 day of hl Y 1976. MAURICE A, FERRE MAYOR ATac : 14,1 _n D, �OUT�-IERN City Clerk l PREPARED AND APPROVED BY: Michel E. Anderson Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: Frank H. Weston Acting City Attorney "SUP OR IVE tULLOIN" c1 ' 1NiEr?"r Honorable Members of the City Commission �_' t � Frank Weston Acting City Attorney JUL 3 1 1976 Unity Title for Lot 5 Block 1, Coconut Grove Manor Several years ago the City acquired Lots 5 and 6 of Block 1, Coconut Grove Manor, so Braganza could be opened to Battersea Road. In 1969. the City disposed of a number of parcels of surplus property. Lot 5 was among this group and was sold to a Mr. T. G. Mumford. Inasmuch as Lot: 5 was only 50 foot wide and the present zoning ordinances require that all new plats have lots with a minimum width of 60 foot, the City placed a deed provision that (1) the lot may be used only for residential purposes; and (2) be considered along with the parcel of land owned by Mr. Mumford to the north and abutting said land as a new tract of land which cannot be divided for the purpose of any future conveyance. At that time Mr. Mumford owned Lots 1, 2, 3 and 4 of Block 1. The deed conveying Lot 5 is vague in that the intent of the restric- tion is not clearly expressed. The deed wording would indicate that Lot 5 is tied to Lots 1, 2, 3 and 4 to form a single parcel. However, it was only intended that Lot 5 could not be used unless adjoining property was added thereto. The deod wording should he changed to state that the restriction applies only to Lots 4 and 5. Mr. Mumford is in the process of selling all the property but the attorney for the prospective buyer requests that the restriction placed on the property by the City be clarified. Attached is a resolution authorizing the issuance of a release of Lots 1, 2, and 3 from the Unity of Title provision contained in the 1969 deed. DOCU vil N'i S FOLLOW" LAW OFFICES 'LEH,�1ir!Tr:, 13t'itvt:TT, HURLEY, T3,t0ica: £c KNIGHT A PPOrr 55,0NAL ASSOCIATION CODY FOWLER MORRIS E. WHITE HENRY BURNETT JAMES L. HURLEY RICHARD S. BANICK PHILLIP W. KNIGHT WILLIAM C. NOPWOOD HAROLO L. WARD JOHN C. STRICKPOOT GEORGE B. FOSS, JP? F RANK J. MARSTON A. BLACKWELL STIEGLITZ FREO R. ORER ENRIOUE JOVA MICHAEL J. CAPPUCIO CHARLES L. HUME STUART H. ALTMAN JOHN R. KELSO THOMAS E. *SHE GREGOR M. CAERE KARL CONNELL WILLIAM B. MILLIKEN RONALO P. WEIL THOMAS E. NEALE ALAN S. FOGG, JP. THOMAS F. MARTIN HAND DELIVERED City Managers Office City of Miami 3319•Pan American Drive Miami, Florida 33133 Attention: Mr. Jack Eads Re: Dear Mr. Eads: Our File 413404-JCS WALTER HUMKEY (,912.,974) FirTH FLOOR C1tY NATIONAL BANK BUILDING 25 WEST FLAGtER STREET MIAMI, FLORIDA 33130 TELEPHONE (3051 358.6550 CABLE ADORE55 'FOWHITE- TELEx: 519.215 CITNABANK MIA" As discussed by telephone on Friday, July 9, 1976, this letter is written to request an appearance before the City Commission at their July 22, 1976, meeting for the purpose of obtaining a release of Unity of Title applicable to certain real property owned by our client Thomas G. Mumford and Margaret A. Mumford, his wife. As background for the above mentioned request, you will find enclosed with this letter a Deed executed the 19th day of June, 1969, by the City of Miami, in favor of Thomas G. Mumford and Margaret A-umford, his wife, pertainirg to real property lying and being in the City of Miami, Dade County, Florida, described more fully, to wit: Lot 5, Block 1 of Coconut Grove Manor, according to the Plat thereof, as recorded in Plat Book 17, at. Page 19 of the Public Records of Dade County, Florida, less all the external angle of a 25 foot radius arc concave northeasterly and tangent to the southerly boundary and tangent to the westerly boundary of said Lot 5, Block 1 of Coconut Grove Manor. r Page Two Mr. Jack Eads City Managers Office July 12, 1976 The problem we are currently encountering stems from language in Sections 4 and 5 of the paragraph on the conditions to which the Deed is subject. We request that the City adopt a resolution releasing said restrictive covenants in the Deed which require Lot 5 and all property lying east of and abutting Lot 5 to be considered as one tract. To indicate the relationship of Lot 5 to its surrounding lots I enclose a location sketch and a sketch of survey made in connection with a pending sale of the above described property. Prior to my discussion of this matter with you, I had contacted Mike Anderson, Assistant City Attorney, concerning the possibility of obtaining a release of the restrictive covenant. He advised that it would be necessary to obtain the approval of both Building and Zoning and of the Public Works Department. Enclosed with this letter you will also find correspondence between myself and Mr. Anderson and correspondence from Frank Williams of the Building & Zoning Department indicating his approval of the release of the restrictive covenant. It is our opinion that the lots as platted were "grandfathered in" as individually acceptable building lots. Further, it is our opinion that the restrictive covenant contained in the Deed to Mr. and Mrs. Mumford serve no useful purpose and consequently should be released. As we discussed on Friday, a prompt resolution to this matter is imperative in connection with a sale of Lots 1 through 5, Block 1, Coconut Grove Manor. Your assistance will be greatly appreciated. With best i.gards, I am, ASF/eds Enclosures cc: Mr. Mike Anderson, Esq. Assistant City Attorney Sincerely yours, FOWLER,WHITE,BURNETT,HURLEY, BANICK & KNIGHT, P.A. BY: aL— -+/ 5/g-702/ Alan S. Fogg, atA FOwJ Lit,\Turn:, Heitsyn-r, I1t:itt.ta•, i3.►x�ct: KNic.iit A PNOFC ,lONAI. ASSOCIATION V4153 510 J9404.11444011 O'r idir-9.arsoi; 304" MI:r#111111 Is Art' t 17:1 * 1 ittfM1 W.0 1"-g:Or IVOT 1114:;1/ ktrr.' It6e55$t1 5 0E1P451011 taInv 111515101dif 61111;;4412 K ; --...— twicomeeirdaTriai94atacere., 2 jqjI..1.114 ;11Warlikin fl Stroh,*