HomeMy WebLinkAboutExhibit BDocument prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s):O 1-4116-009-4030
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
day of , 20_, by Rosa Maria Carreras (the "Owner") in favor of the City
of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida,
located at 3231/3233 SW 23 Terrace, legally described in Exhibit "A" attached hereto and made a
part hereof (the "Property"); and
WHEREAS, Public Hearing No. PZ-20-7972 was held before the City Commission on
_, 2021, at which the City Commission adopted Resolution (the
"Resolution"), a copy of which is attached as Exhibit "B";
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant running
with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and
assigns as follows:
1. Recitals. The recitals and findings set forth in the preamble of this Declaration are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
2. Use/Restriction: Notwithstanding the Property's T4-L zoning designation, the
Property shall only be used for those uses permitted in the T3-0 zoning district or as green space, a
zen passive recreational area, or open space serving other abutting properties with a zoning
classification of T4, T5, and T6 or their successor equivalent.
3. Ef Uctive Date. This instrument shall constitute a covenant running with the title to
the Property and be binding upon Owner, its successors and assigns upon recordation in the Public
Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a
limitation upon, all present and future owners of the Property and for the public welfare.
4. T ernl of Covenant. This voluntary covenant on the part of the Owner shall remain
ih full force and effect and shall be binding upon the Owner, its successors in interest and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public
records, and shall be automatically extended for periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official inspector
of the City of Miami may have the right at any time during normal working hours of the City of
Miami's inspector to enter upon the Property for the purpose of investigating the use of the
Property, and for determining whether the conditions of this Declaration and the requirements of
the City's building and zoning regulations are being complied with. An action to enforce the terms
and conditions of this Declaration may be brought by the City and may be by action at law or in
equity against any party or person violating or attempting to violate any covenants of this
Declaration or provisions of the building and zoning regulations, either to restrain violations or to
2
recover damages. This enforcement provision shall be in addition to any other remedies available
under the law.
6. Cumulative. All rights, remedies, and privileges gained 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 as may be available to it.
7. Amendment, Modification, Release. This instrument may be modified, amended,
or released as to any portion or all of the Property only after the occurrence of a public hearing
before, and approval from, the City Commission. Any amendment, modification, or release shall
be executed by the Planning Director and the Zoning Administrator, or their successor or designee,
and be in a form acceptable to the City Attorney.
8. Severability. Invalidation of any one of these covenants by judgment of Court shall
not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
9. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by
the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of
Hearing Boards within thirty (30) days of recordation.
10. Counterparts/Electronic Si ng ature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF
or other email transmission), which signature shall be binding on the party whose name is
3
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
11. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
SIGNATURE PAGES TO FOLLOW
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
20
TWO WITNESSES FOR EACH OWNER: OWNER:
M.
Print Name:
M.
Print Name:
STATE OF
) SS
COUNTY OF
Rosa Maria Carreras
By:
(Signature)
(Print Name, Title)
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 20_, by Rosa Maria
Carreras, as Owner of the Property. Personally Known or Produced Identification
Type of Identification Produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
5
APPROVED AS TO CONTENTS:
Cesar Garcia -Pons, AICP, LEED, AP
Planning Director
Daniel Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
0
Exhibit "A"
Legal Description
Lot 36, Less the South 10 feet for right—of—way purposes, Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES,
according to the Plat thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Dods County, Florida.
7
484057374_vl
Document comparison by Workshare 10.0 on Wednesday, September 22, 2021 9:33:56
PM
Input:
Document 1 ID
iManage://HKDMS/Active/84057374/1
Description
#84057374v 1<Active> - Proposed Zoning Declaration of Restrictions Draft -
PZ-20-7972 - Rosa Maria Carreras - City of Miami
Document 2 ID
iManage://HKDMS/Active/84057374/2
Description
#84057374v2<Active> - Proposed Zoning Declaration of Restrictions Draft -
PZ-20-7972 - Rosa Maria Carreras - City of Miami
Rendering set
standard
Legend:
Insertion
et- e,
-�n
H e v ed f i--ems
Moved to
Style change
Format change
T It > " - - I . - } y l � 4
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Sta€htkw
Count
Insertions
2
Deletions
0
Moved from
0
Moved to
0
Style changes
0
Format changes
0
Total changes
2