CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM. The Honorable Mayor Stoddard and Members of the City Commission

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1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami mp bod 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Kelly Barket Jr., Acting City Manager From: Christopher Brimo, AICP um / Planning Director T}7 Date: December 18,2012 ITEMNO.~ SUBJECT A Resolution relating to the review and approval of a Unity of Title request by the South Miami Community Redevelopment Agency, pursuant to Section of the Land Development Code, unifying the Agency owned property assemblage referred to as the Madison Square redevelopment site, located south of SW 64th Street between SW 60th Avenue and SW 59th Court, for the purpose of developing a mixed-use affordable housing project. BACKGROUND At the December 4,2012 City Commission meeting, the Commission approved on first reading the request for the rezoning of the Madison Square property assemblage from Neighborhood Retail, to Specialty Retail. In conjunction with rezoning request, staff recommended that the property assemblage also undergo a unity of title approval to ensure a unified development site. The property assemblage consists of fifteen parcels totaling approximately 1.44 acres. The attached resolution and backup material identifies the parcels that will be subject to the unity of title. Once approved by the Commission, the document will need to be recorded with Miami Dade County by the Community Redevelopment Agency, with copies of the recorded document provided to the City Clerk. RECOMMENDATION Staff recommends that the Commission approve the attached resolution approving the unity of title for the properties known as the Madison Square development. Z:\Commission Jtems\2012\12-IS-12\Madison Sq. Unity of TitJe\Madison Square Unity of TitJe_CM Report.docx

2 1 RESOLUTION NO. 2 3 A Resolution relating to the review and approval of a Unity of Title request by the South 4 Miami Community Redevelopment Agency, pursuant to Section of the Land 5 Development Code, unifying the Agency owned property assemblage referred to as the 6 Madison Square redevelopment site, located south of SW 64th Street between SW 60th 7 Avenue and SW 59th Court, for the purpose of developing a mixed-use affordable housing 8 project. 9 WHEREAS, the South Miami Community Redevelopment Agency (Agency) submitted 10 a request for unity of title on December 4, 2012 for the Agency owned property assemblage 11 referred to as the Madison Square redevelopment site, located south of SW 64th Street between 12 SW 60th Avenue and SW 59th Court; and WHEREAS, the Unity of Title request is in conjunction with rezoning request for the 15 purpose of developing a mixed-use affordable project; and WHEREAS, the Planning & Zoning Department reviewed the unity of title request and 18 finds it in compliance with the requirements of Section of the land development code; 19 and WHEREAS, the unity of title must be approved by the City Commission and approved 22 by the City Attorney as to form and content, and shall then be recorded in the public records of ~3 Miami-Dade County prior to the issuance of any building permits NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Commission hereby approves the Unity of Title document for the 29 following parcels: P 20-3 AKA LOT 1 LESS E2FT BLK 1 LOT SIZE 5900 SQ FT, OR ; LOT 2 LESS W2.50FT BLK 1 LOT SIZE 5875 SQ FT COC , OR ; LOT 3 LESS W2.5FT FOR RlW BLK 1 LOT SIZE 5875 SQ FT, OR OR ; LOT 4 LESS W2.5FT FOR RlW BLK 1 LOT SIZE 5875 SQ FT, COC / , OR ; E2FT LOT 1 BLK 1 & W35FT LOT 14 BLK 3, LOT SIZE SQ FT, OR ; P 20-1 AKA LOT 14 LESS W35FT & LESS BEG 35FTE & 35 20FTS OF NW COR OF LOT 14 TH E15.61FT SELY AID 42.44FT W42.93FTN30FT TO POB BLK 3; 36 S1/2 LOT 15 LESS RlW BLK 3, LOT SIZE 2203 SQ FT, OR , OR , OR ; LOT 16 LESS RlW BLK 3, LOT SIZE 4628 SQ FT, OR , OR OR ; LOT 17 LESS E27.50FT BLK 3 LOT SIZE SQ FT, COC / , OR ; P 19-3 AKA W40FT LOT BLK 5 LOT SIZE 2000 SQ FT, OR ; LOT 27 LESS W40FT BLK 5 & W15FT OF 41 LOT 40 BLK 7 AKA P 19-2 LOT SIZE 4250 SQ FT, OR , OR ; 42 Nll2 OF LOT 28 BLK 5, LOT SIZE 2750 SQ FT, OR , OR , 43 OR ; S1I2 OF LOT 28 BLK 5, LOT SIZE 2750 SQ FT, OR , 44 OR , OR ; LOT 29 BLK 5, LOT SIZE 5500 SQ FT, OR , OR ; LOT 30 BLK 5, LOT SIZE 5500 SQ FT, OR

3 , OR ; FRANKLIN SUB PB 5-34, OF THE PUBLIC RECORDS 2 OF MIAMI-DADE COUNTY, FLORIDA. 3 Section 2: The subject Unity of Title document is attached to this resolution and 4 identified as Exhibit "A". 5 6 Section 3: This resolution shall be effective immediately upon adoption. 7 8 PASSED AND ADOPTED this, day of, ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: 17 Commissioner Newman: 18 Commissioner Harris: 19 Commissioner Welsh: 20 CITY ATTORNEY

4 This instrument was prepared by: Name: Address: EXHIBIT" A" (Space reserved for Clerk) UNITY OF TITLE WHEREAS, the undersigned is the Owner ofthat property described as: P 20-3 AKA LOT 1 LESS E2FT BLK 1, OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 5978 SW 64 Street, South Miami; Florida, and LOT 2 LESS W2.50FT BLK 1, COC , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6415 SW 60 Avenue, South Miami, Florida, and LOT 3 LESS W2.5FT FOR RlW BLK I,OR OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. LOT 4 LESS W2.5FT FOR RlW BLK 1, COC / , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6443 SW 60 Avenue, South Miami, Florida, and E2FT LOT 1 BLK 1 & W35FT LOT 14 BLK 3, OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as Folio , and P 20-1 AKA LOT 14 LESS W35FT & LESS BEG 35FTE & 20FTS OF NW COR OF LOT 14 TH E15.61FT SELY AID 42.44FT W42.93FT N30FT TO POB BLK 3; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as Folio , and SI/2 LOT 15 LESS RlW BLK 3, OR , OR , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6420 SW 59 Place, South Miami, Florida, and LOT 16 LESS RlW BLK 3, OR , OR OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as Folio 09~ , and LOT 17 LESS E27.50FT BLK 3, COC / , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6442 SW 59 Place, South Miami, Florida, and

5 P 19-3 AKA W40FT LOT 27 BLK 5, OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. -Also known as 6401 SW 59 Place, South Miami, Florida, and LOT 27 LESS W40FT BLK 5 & W15FT OF LOT 40 BLK 7 AKA P 19-2, OR , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 5944 SW 64 Street, South Miami, Florida, and N1I2 OF LOT 28 BLK 5, OR , OR , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6411 SW 59 Place, South Miami, Florida, and Sl/2 OF LOT 28 BLK 5, OR , OR , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6415 SW 59 Place, South Miami, Florida, and LOT 29 BLK 5, OR , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as Folio , and LOT 30 BLK 5, OR , OR ; Franklin Subdivision PB 5-34, of the Public Records of Miami-Dade County, Florida. Also known as 6443 SW 59 Place, South Miami, Florida. Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the hereindescribed property should not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use, and In consideration of and for ~----~--~ ~ ~----~----~---- other good and valuable consideration, Owner hereby agrees to restrict the use of the subject property in the following manner: That said property shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. Owner further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land and may be recorded, at Owner's expense, in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, their heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such time as the same may be released, if the proposed mixed-use development is not constructed, and following request from the Community Redevelopment Agency in writing, and upon approval by Resolution passed and adopted by the City Commission, after a public hearing, and executed by the City Attorney and the City Clerk.

6 Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Unity of Title. Severability. Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. Signed, witnessed, executed and acknowledged on this day of " WITNESSES: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By By Print Name Print Name By Print Name STATEOF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 2012, by. He is personally known to me or produced as identification. My Commission Expires: Sign Name: Print Name: NOTARY PUBLIC

7 MADISON SQUARE UNITY OF TITLE PROPERTY ASSEMBLAGE. ~ lli_~~=:eii ~....!!!!... '. ~ 1---"'--'--'1-~1 0"':::"" it... '----L ~,,./ Madison Square Properties Z:\Commission ltems\2o 1 2\ \Madison Sq. Unity of Title\Madison Square Property Assemblage _graphic.docx

8 Folio Legal Address Owner FRANKLIN SUB PB SW 64ST SMCRA/Madison Sq. P 20-3 AKA LOT 1 LESS E2FT BLK 1 LOT SIZE 5900 SQUARE FEET OR FRANKLIN SUB PB SW 60 AVE SMCRA/Madison Sq. LOT 2 LESS W2.50FT BLK 1 LOT SIZE 5875 SQ FT coe OR FRANKLIN SUB PB SW 60 AVE SMCRA/Madison Sq. LOT 3 LESS W2.5FT FOR R/W BLK 1 LOT SIZE 5875 SQ FT OR OR FRANKLIN SUB PB SW 60 AVE SMCRA/Madison Sq. LOT 4 LESS W2.5FT FOR R/W BLK 1 LOT SIZE 5875 SQ FT eoe / OR FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq. E2FT LOT 1 BLK 1 & W35FT LOT 14 BLK 3 LOT SIZE 1850 SQUARE FEET OR FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq. P 20-1 AKA LOT 14 LESS W35FT & LESS BEG 35FTE & 20FTS OF NW COR OF LOT 14 TH E15.61FT SELY A/D 42.44FT W42.93FT N30FT TO POB BLK FRANKLIN SUB PB SW 59 PL SMCRA/Madison Sq. Sl/2 LOT 15 LESS R/W BLK 3 LOT SIZE 2203 SQ FT OR OR OR FRANKLIN 5UB PB 5-34 N/A SMCRA/Madison Sq. LOT 16 LESS R/W BLK 3 LOT SIZE 4628 SQ FT OR OR OR FRANKLIN SUB PB SW 59 PL SMCRA/Madison Sq. LOT 17 LESS E27.50FT BLK 3 LOT SIZE 4625 SQ FT coe / OR FRANKLIN SUB PB SW 59 PL SMCRA/Madison Sq. P 19-3 AKA W40FT LOT 27 BLK 5 LOT SIZE 2000 SQUARE FEET OR FRANKLIN SUB PB SW 64ST SMCRA/Madison Sq. LOT 27 LESS W40FT BLK 5 & W15FT OF LOT 40 BLK 7 AKA P 19-2 LOT SIZE 4250 SQUARE FEET OR OR FRANKLIN SUB PB SW 59 PL SMCRA/Madison Sq. N1/2 OF LOT 28 BLK 5 LOT SIZE 2750 SQUARE FEET OR OR OR FRANKLIN SUB PB SW 59 PL SMCRA/Madison Sq. Sl/2 OF LOT 28 BLK 5 LOT SIZE 2750 SQ FT OR OR OR FRANKLIN SUB PB 5-34 N/A SMCRA/Madison Sq. LOT 29 BLK 5 LOT SIZE Q FT OR OR FRANKLIN SUB PB SW 59 PL SMCRA/"':1adison Sq. LOT 30 BLK 5 LOT SIZE 5500 SQUARE FEET OR OR