HomeMy WebLinkAboutProposed Covenant - No Staff Review Completed - email Submission 8-27-2021This instrument prepared by,
and when recorded return to:
Iris Escarra, Esq.
Greenberg Traurig
333 SE 2 Avenue, Suite 4400
Miami, Florida 33130
Folio: 01-3124-015-0490
RESTRICTIVE COVENANT
(Space Above For Recorder's Use Only)
KNOW ALL BY THESE PRESENTS that the undersigned 4920 Operating, LLC, a
Delaware limited liability company (the "Owner") hereby makes, declares and imposes on the
land herein described, this Restrictive Covenant (the "Covenant") running with title to the land
contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by, through or
under them.
WHEREAS, Owner is the fee simple title holder to certain property located in Miami -
Dade County, Florida, more particularly described on Exhibit "A" (the "Subject Property"); and
WHEREAS, prior to commencing construction for development of the Subject Property,
Owner shall construct a fence consistent with the regulations of the City of Miami Zoning Code,
as amended, along the Westerly property line of the Subject Property and entirely within the
Subject Property, and shall plant a landscape buffer with a minimum height of eight feet (8') at
time of planting;
NOW, THEREFORE, the Owner, in consideration of the premises, agreements and
covenants set forth hereinafter, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Owner, hereby voluntarily agrees as follows:
A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if
repeated at length.
B. Restriction. Owner covenants:
• To construct a fence (the "Fence") along the Westerly property line of the
Subject Property and entirely within the Subject Property consistent with the
regulations of the City of Miami Zoning Code, as amended, prior to
commencement of construction for development of the Subject Property; and
• To plant a landscape buffer with a minimum height of eight feet (8') at time of
planting (the "Landscape Buffer").
4920 Operating, LLC
Fence Covenant
C. Running with the Land. This Covenant on the part of the Owner shall constitute a
covenant running with the land and shall 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
undersigned Owner.
D. Term. The provisions of this instrument shall become effective upon their recordation in
the Public Records of Miami -Dade County, Florida, and shall continue in effect until such time as
the Fence and Landscape Buffer are constructed at the Property.
E. Modification, Amendment, Release. This Covenant may be modified, amended, or
released only by the Owner of the Property. Any amendment, modification, or release shall be
executed by the Owner of the Property. Upon completion of the construction of the Fence and
installation of the Landscape Buffer, this Covenant shall be automatically released, with no further
action needed.
F. Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
G. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way
shall affect any of the other provisions, which shall remain in full force and effect.
H. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade
County at the Owners' expense.
[Signature Page to Follow]
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4920 Operating, LLC
Fence Covenant
Signed, witnessed, executed and acknowledged this day of , 2021.
OWNER:
4920 Operating, LLC, a Delaware limited liability
company
WITNESSES: By:
Print Name:
Print Name:
STATE OF
COUNTY OF
[insert name and title of signatory]
The foregoing instrument was executed, acknowledged and delivered before me this
day of , 2021, by , as of
, A ,
He/She is personally known to me or produced
identification.
(Official Seal)
Name:
Notary Public, State of
My Commission Number:
My Commission Expires:
on behalf of the
as
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4920 Operating, LLC
Fence Covenant
EXHIBIT "A"
The PROPERTY
ADDRESSES:
180 NE 50t' Street
FOLIOS :
01-3124-015-0490
LEGAL DESCRIPTION:
LOT 3, BLOCK 3, BELLAIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE
24, OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA.
M
BOUNDARY TREATMENT: SOLID WOOD WALL
SITE SECTION
SCALE:3/8" = 1'-0" FENCE DETAIL
w Ir
o 7' 16'
ADJACENT PROPERTY a I SETBACK PARKING SPACE
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fr
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fr
a
5
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SCALE: 11/2" = 1'-0"
i u
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5/4" X 6" RECLAIMED
GREENHEART SLATS
'
4" X 4" X 8' Ht. 4' o.c
1
WOOD POST
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PROPOSED CONDITIONS: CLUSIA GUTTIFERA:
Low -maintenance & drought tolerant
PARENT INFORMATION CENTER HARDSCAPE PLAN
8' SOLID WOOD FENCE
EXISTING TREES TO PRESERVE
NORTH
PRO OR 1-0
V