HomeMy WebLinkAboutExhibit BThis instrument prepared by and, when
recorded, should be returned to:
A. Vicky Garcia -Toledo, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
Suite 2500
200 South Biscayne Boulevard
Miami, Florida 33131
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OR Bk 25
RECORD
HARVEY
MIAMI-
NOTICE
This submittal neebsto be schebuietl br a public hearing
aortl— wkh bmellnes set forth in the City M
Miami Cotle. The appUud, dsislon-making bony wil
reMewihe Informayon at the pubec hearing to rentler a
nxommend..,, a Ma l d.d. n.
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(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
The undersigned owner ("Owner") of the real property (the "Property") lying, being and
situated in the City of Miami, Miami -Dade County, Florida, and legally described in Exhibit
"A", which is attached hereto and made a part hereof, and located at:
Street Address: 399 NE 82 Terrace, Miami, Florida
IN ORDER TO ASSURE the City of Miami that the representations made to them by
the Owner in connection with that certain public hearing application for an amendment to the
Miami Comprehensive Neighborhood Plan and that certain public hearing application for an
amendment to the Zoning Atlas and/or Overlay District (collectively, the "Applications") will be
abided by the Owner, its heirs, successors or assigns, freely, voluntarily and without duress,
Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and
running with the Property:
(1) The Owner voluntarily proffers the following conditions to the development of
the property:
(a) Provide one vehicular access from North East Fourth Avenue into an
internal drive to the project and to serve as the access point to all units. If
requested by the Fire Department for the life safety, needs of the
community, a "break -away" metal exit may be provided for use by
emergency vehicles only.
(b) Provide four (4) units within the affordability range of workforce housing
as identified by Miami -Dade County.
(e) Provide a "look out" to the Little River Canal, which will be submitted to
the Oakland Grove Homeowners Association for design input.
(d) Provide a tree mitigation and relocation plan.
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NOTICE
Thls submittal neebsto be sch.dul dbra public hearing
aortl—.i bmellnes set forth in the City
(e)
Provide a sidewalk as part of the project on the east side
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Mew theInfm, ppU at the mi-heelingto Wywa
nxommenda ., or afinal d.d. n.
Avenue.
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{f)
Provide the option of the traffic mitigation plan as presented b
'
Garcia and Associations to be implemented only by and at the requ
the Oakland Grove Homeowners Association.
(g) Provide that the subject property shall not seek a change of zoning for a
period of ten (10) years following the adoption date of the change of
zoning from R-1 to Single Family Residential to R-2 Duplex Residential
on May 24, 2007.
(2) Conditions Precedent. This Declaration shall become final and shall be recorded
in the Public Records of Miami -Dade County, Florida only upon, and is expressly
conditioned upon, the approval by the City Commission of the City of Miami and
expiration of all applicable appeal periods of the Applications pending before the
City Commission.
(3) Covenant Running with the Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall be recorded in the
public records of Miami -Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner and its heirs, successors and assigns, until
such time as the same is modified or released. These restrictions shall be for the
benefit of, and limitation upon, all present and future owner(s) of the Property..
(4) Modification, Amendment, Release. This Declaration may be modified,
amended or released (a "modification") as to the Property, or any portion thereof,
by a written instrument executed by the then owner(s) of the Property, or portion
thereof, provided that the same also is approved by the City of Miami, Florida,
after public hearing with, at a minimum, written notice to all property owners
within 500 feet of the Property shown on the Miami -Dade County tax rolls as of
the date of application. Modification of this Declaration shall require the
affirmative approval of a simple majority of the City Commission of the City of
Miami. Any modification, amendment or release shall be in a form acceptable to
the City Attorney.
(5) Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants of this Declaration. This
enforcement provision shall be in addition to any other remedies available at law
or in equity or both.
(6) 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.
AN
7
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NOTICE
I_� Thls submittal neebsto be sch.dal d br a public hearing
aorda wilt, bmallnessetforth in the City
+} S..everability. invalidation of any one of these covenants,byiFd alarm Cotle.Theappllcade tlslslon-makln9 dotlY+tlll
Mewihe Informayon at the pe b4c hearing to render a
nxommentlatlon or aflna l d.d. n.
in no way shall affect any of the other provisions, which shall remai L
PZ-22-14579
and effect. 06/14/22
(8) Recording. This Declaration shall be filed of record by the Owner in the p
4=
records of Miami -Dade County, Florida at the cost of the Owner as provided in
Section 3 of this Declaration. The Owner shall promptly furnish the Department
of Hearing Boards with a recorded copy of this covenant.
(Signature Page Follows}
►.T.5 T=
Address: 97/3" w,"&AeW
STATE OF FLORIDA ]
COUNTY OFNA- )
Owner
LITTLE RIVER PLAZA, LLC
By:
Katia T os, Managing Member
The foregoing instrument was acknowledged before me this 126 day of June, 2007 by
KAT1A 'IRA_i_KOS, as Managing Member of LITTLE RIVER PLAZA, LLC, who is personally
known to me or produced a valid driver's license as identification.
My Commission Expires: I/';'�
Notary Public
Sign Name:
Print Name: /
Signed, witnessed, executed and acknowledged this 12'° day of June, 2007.
4
NOTICE
mis submittal needs to be sc h,d,[,d for a pubuc hearing
zo,den,e wren em 1—set f,nh i, me city of
Miami Ccde. The appk.c , dxisi making bodywill
renewN inform , at the public hearingt, renders
--dodo, or afinal deci9
PZ-22-14579
7►\ 06/14/22
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Bonded thtu (SW)432-4254'
N, Florida Notary Assn., inc
Exhibit "A"
Legal Description
OR BK 25
1-AST PAG
C n k e V
NOTICE
This submittal neebsto be schebuietl br a public hearing
aortla wkh bme[l set forth in the City
Miami Cotle. The appUud, dsislon-making bony wil
reMewihe Informayon at the peb" hearing to rentler a
nxommend..,, a Ma l d.d. n.
PZ-22-14579
7►\ 06/14/22 tiC
A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat thereof
as recorded in Plat Book B, at Page 3, of the Public Records of Miarni-Dade
County, Florida, lying South of the South line of the Little River and West of the
Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way,
being more particularly described as follows:
Commence at the Southwest corner of said Lot 19; thence run East, along the
South Line of said Lot 19, for a distance of 162.00 feet to the Point of Beginning of
parcel of land hereinafter to be described; thence continue East, along said South
line of Lot 19, for a distance of 60.00 feet to a point of intersection with the
Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, said
point being a point on curve bearing S. 84' 06' 06" E. to the center of said curve,
having for its elements a Radius of 1960.08 feet and a central angle of 190 13' 34";
Thence run Northeasterly along the arc of said circular curve, concave to the
Southeast, (also being said Westerly . right-of-way line), for an arc distance of
657.72 feet to a point of tangency of said circular curve (said point bears N. 64' 52'
32" W. from the center of said curve); Thence run N. 25' 07' 28" E. for a distance
of 14 feet, more or less, to the Southerly water's edge of the Little River; Thence
meandering Northwesterly and Westerly, along said Southerly water's edge, for a
distance of 338 feet more or less to a point of intersection with the Easterly line of
Lot 13 of "FLORA DEL RIO", according to the plat thereof as recorded in Plat
Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida;
Thence run S. 00' 08' 06" W., along said Easterly line of Lot 13 and its Southerly
extension, for a distance of 172 feet more or less to the Southeast corner of the
Right -of -Way of N.E. 84th. Street, as shown on recorded plat of "FLORA DEL
RIO", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the
Public Records of Miami -Dade County, Florida; Thence run West, along the
Southerly line of said right-of-way of N.E. 84th. Street, for a distance of 20.00 feet
to a point of intersection with the Easterly Right -of -Way line of N.E. 4th. Avenue,
as shown on said recorded plat of "FLORA DEL RIO"; Thence run S. 00' 08' 06"
W. along said Easterly Right -of -Way line of N.E. 4th. Avenue, for a distance of
692.50 feet to the Point of Beginning. Said described parcel of land lying and
being situated in the City of Miami, Miami -Dade County, Florida.
Property Address: 399 N.E. 82nd Terrace, Miami, Florida.
MIAMI 1265025.3 7678424983
6104/07 11:57 AM
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Book25862/Page3305 CFN#20070814994 jr. 'N
NOTICE
This su bmmt[ needs b be eche&u d b, a public hearing
uo,d—wkb t—l1.letronh mthe. cis of
Miami CW, The appl-de decon-making btly will
renew the inbnnalion at the pubc hearing to mode, a
recommentladon or a flnM decison.
PZ-22-14579
06/14/22