HomeMy WebLinkAboutO-12392J-03-235
03/11/03 I2 3 9
ORDINANCE NO. old
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES
LOCATED AT APPROXIMATELY 1415 NORTHWEST 7TH
COURT AND 735 NORTHWEST 14TH STREET, MIAMI,
FLORIDA, FROM "DUPLEX RESIDENTIAL" TO
"GENERAL COMMERCIAL;" MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 19, 2003, Item No. 2, following an advertised
hearing, adopted Resolution No. PAB 08-03 by a vote of six to
zero (6-0), RECOMMENDING APPROVAL of amending Zoning Ordinance
No. 10544 as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 10544 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
12392
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood Plan
1989-2000, is amended by changing the land use designation from
"Duplex Residential" to "General Commercial" for the properties
located at approximately 1415 Northwest 7th Court, Miami,
Florida, more particularly described as Lot 12, Block 5, HIGHLAND
PARK SUBDIVISION, according to the plat, as recorded in Plat
Book 2 at Page 13 of the Public records of Miami -Dade County,
Florida; and 735 Northwest 14th Street, Miami, Florida, more
particularly described as all of Lot 13 and portion of Lot 14,
Block 5, HIGHLAND PARK SUBDIVISION, according to the plat, as
recorded in Plat Book 2 at Page 13 of the Public records of
Miami -Dade County, Florida, more particularly described as
follows: Begin on Southeast corner of Lot 13; thence West 125
feet; thence North 56.06 feet; thence Northeasterly 129.01 feet;
thence South 87.98 feet to Point of Beginning.
Section 3. It is found that this Comprehensive Plan
designation change:
(a) is necessary due to changed or changing
conditions;
Page 2 of 5
12'92
(b) involves a residential land use of 10 acres
or less and a density of less than 10 units
per acre or involves other land use
categories, singularly or in combination with
residential use, of 10 acres or less and does
not, in combination with other changes during
the last year, produce a cumulative effect of
having changed more than 60 acres through the
use of "Small Scale development" procedures;
(c) is one which involves property that has not
been the specific subject of a Comprehensive
Plan change within the prior twelve months;
(d) is one which does not involve the same
owner's property within 200 feet of property
that has been granted a Comprehensive Plan
change within the prior twelve months;
(e) the proposed amendment does not involve a
text change to goals, policies, and
objectives of the local government's
comprehensive plan, but proposes a land use
change to the future land use map for a
site-specific development; and
(f) is one which is not located within an area of
critical state concern.
Section 4. The City Manager is directed to instruct the
Director of the Planning and Zoning Department to immediately
transmit a certified copy of this Ordinance after its adoption on
Page 3 of 5
second reading to: the Secretary, Florida Department of Community
Affairs; the Executive Director, South Florida Regional Planning
Council, Hollywood, Florida; the Executive Director, South
Florida Water Management District, West Palm Beach, Florida; the
Secretary, Department of Transportation, Tallahassee, Florida;
and the Executive Director, Department of Environmental
Protection, Tallahassee, Florida.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty-
one (31) days after second reading and adoption pursuant and
subject to § 163.3187 (3) (c) , Fla. Stat. (2002).'/
PASSED ON FIRST READING BY TITLE ONLY this 22nd day of
May , 2003.
1� This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 4 of 5 19,392
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 17th day of July , 2003.
,AANUEL A. DIAZ, MAYOR
ATTEST:
i PRISCILLA A T O SON
CITY CLERK
W1420:GKW:et
Page 5 of 5 ccjj}}
APPLICANT
ITEM PZ 11
SECOND READING
PLANNING FACT SHEET
Alvaro Cosculluela, on behalf of Miami -Dade County.
HEARING DATE February 19, 2003
REQUESTILOCATION Consideration of amending the Miami Comprehensive
Neighborhood Plan.
LEGAL DESCRIPTION Complete legal description on file with the Department of
Hearing Boards.
PETITION Consideration of amending Ordinance No. 10544 of
the Miami Comprehensive Neighborhood Plan by
amending the Future Land Use Map for the
properties located at approximately 1415 NW 7t'
Court and 735 NW 14th Street, Miami, Florida from
"Duplex Residential" to "General Commercial".
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
Approval.
See supporting documentation.
Recommended approval to
City Commission.
VOTE: 6-0
CITY COMMISSION Continued from City Commission
of May 1, 2003. Passed First Reading
on May 22, 2003.
APPLICATION NUMBER 03-004 Item # 2
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
6/11/2003 Page 1
12392
ANALYSIS FOR LAND USE CHANGE REOUEST
Approximately 1415 NW 7t' Court and 735 NW 14'hStreet.
Application No. LU- 2003-004
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Duplex Residential" to "General
Commercial". The subject property consists of two lots, one facing NW 7h Court and
another facing NW 10 Street. (Complete legal description on file at the Hearing Boards
Office).
Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established
future land use categories according to the Future Land Use Plan Map and the
"Interpretation of the Future Land Use Plan Map". The subject property is currently
designated "Duplex Residential" and the same designation is to the south, to the west,
there is a "High Density Multifamily Residential" designated area, to the north is the SR -
836 express -way and, to the east, there is a "General Commercial" land use designation.
"Duplex Residential": Areas designated as "Duplex Residential" allow residential struc-
tures of up to two dwelling units each to a maximum density of 18 dwelling units per
acre, subject to the detailed provisions of the applicable land development regulations and
the maintenance of required levels of service for facilities and services included in the
City's adopted concurrency management requirements.
Community based residential facilities (14 clients or less, not including drug, alcohol or
correctional rehabilitation facilities) also will be allowed pursuant to applicable state law.
Places of worship, primary and secondary schools, child day care centers and adult day
care centers are permissible in suitable locations within duplex residential areas.
Professional offices, tourist and guest homes, museums, and private clubs or lodges are
allowed only in contributing structures within historic sites or historic districts that have
been designated by the Historical and Environmental Preservation Board and are in suit-
able locations within duplex residential areas, pursuant to applicable land development
regulations and the maintenance of required levels of service for such uses. Density and
intensity limitations for said uses shall be. restricted . to . those of the contributing struc-
ture(s).
"General Commercial": Areas designated as "General Commercial" allow all activities
- included in the "Office" and the "Restricted Commercial" designations, as well as whole-
saling and distribution activities that generally serve the needs of other businesses; gener-
ally require on and off loading facilities; and benefit from close proximity to industrial
areas. These commercial activities include retailing of second hand items, automotive re -
12390
pair services, new and used vehicle sales, parking lots and garages, heavy equipment sales
and service, building material sales and storage, wholesaling, warehousing, distribution
and transport related services, light manufacturing and assembly and other activities
whose scale of operation and land use impacts are similar to those uses described above.
Multifamily residential structures of a density equal to R-3 or higher, but not to exceed a
maximum of 150 units per acre, are allowed by Special Exception only, upon finding that
the proposed site's proximity to other residentially zoned property makes it a logical ex-
tension or continuation of existing residential development and that adequate services and
amenities exist in the adjacent area to accommodate the needs of potential residents. This
category also allows commercial marinas and living quarters on vessels for transients
The Planning and Zoning Department is recommending APPROVAL of the
application as presented based on the following findings:
• It is found that immediately adjacent to the east of the subject properties there is an
area designated General Commercial.
• It is found that the subject properties are located immediately adjacent to the SR -836
express -way.
• It is found that the change to "General Commercial" is a logical extension of that
category and will not be an intrusion, primarily because the property boundaries front
NW 7th Court and after being change will not be adjacent to a residential designated
area.
• It is found that MCNP Goal LU -1 (5) require the City to promotes the efficient use of
land and minimizes land use conflicts and, Policy LU -1.1.3 which require the City to
provide protection of all areas of the city from the encroachment of incompatible land
uses.
These findings support the position that the existing land use pattern in this neighborhood
should not be changed.
It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development
or redevelopment, that results in an increase in density or intensity of land use, to be
contingent upon availability of public facilities and services that meet or exceed the
minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy
1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to
concurrency demonstrates that no levels of service would be reduced below minimum
levels.
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No. 03-01 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 2/12/03 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant Miami -Dade County
RECREATION AND OPEN SPACE
Address: 1415 NW 7 Court & 735 NW 14 Street
Population Increment, Residents
(19)
Space Requirement, acres
-0.02
Boundary Streets: North: S.R. 836 East
Excess Capacity Before Change
182.80
South: NW 14 Street West: NW 7 Court
Excess Capacity After Change
182.82
Proposed Change: From: Duplex Residential
Concurrency Checkoff
_ OK
To: General Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.41 acres @ 18 DU/acre
7 DUs
Population Increment, Residents
(19)
Peak Hour Person -Trip Generation, Residential
8
Transmission Requirement, gpd
(4,282)
Other 0 sq.ft.@ 0 FAR
0 sq.ft.
Excess Capacity Before Change
>2% above demand
Peak Hour Person -Trip Generation, Other
0
Excess Capacity After Change
>2% above demand
Concurrency Checkoff
_ OK
Proposed Designation, Maximum Land Use Intensity
Residential 0 acres @ 0 DU/acre
0 DU's
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential
0
Population Increment, Residents
(19)
Other 0.41 acres 0 FAR
0 sq.ft.
Transmission Requirement, gpd
(3,536)
Peak Hour Person -Trip Generation, Other
4
Excess Capacity Before Change
See Note 1.
Excess Capacity After Change
See Note 1.
Net Increment With Proposed Change:
Concurrency Checkoff WASA
Permit Required
Population
(19)
Dwelling Units
(7)
STORM SEWER CAPACITY
Peak Hour Person -Trips
-4
Exfiltration System Before Change
On-site
Exfiltration System After Change
On-site
Planning District Overtown
Concurrency Checkoff
OK
County Wastewater Collection Zone
322
Drainage Subcatchment Basin
G3
SOLID WASTE COLLECTION
Solid Waste Collection Route
16
Population Increment, Residents
(19)
Transportation Corridor Name Dolphin
Solid Waste Generation, tonstyear
-24
Excess Capacity Before Change
800
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
824
Concurrency Checkoff
OK
Land Use Policy 1.1.1
CIE Policy 1.2.3
TRAFFIC CIRCULATION
Population Increment, Residents
(19)
Peak -Hour Person -Trip Generation
-4
LOS Before Change
B
LOS After Change
B
Concurrency Checkoff
OK
NOTES
ASSUMPTIONS AND COMMENTS
1. Permit for sanitary sewer connection must be issued by
Population increment is assumed to be an new residents, Peak -period trip
Metro -Dade Water and Sewer Authority Department (WASA).
Excess capacity, if any, is currently not known
generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average
occupancy for private Pam vehicles. Transportation Corridor capacities and
LOS are from Table PT 2(R1), Transportation Corridors report.
- Potable water and wastewater transmission capacities
are in accordance with
Metro -Dade County stated capacities and we assumed correct. Service
connections to water and sewer mains are assumed to
be of adequate size: d
not. new connections are to be installed at owner's expense.
Recreation/Open Space acreage requirements are assumed with proposed
change made.
CM 1 IN 03/13/9
12392
12392
'-'
12392
RESOLUTION PAB - 08-03
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE
LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1415 NORTHWEST 7T" COURT AND 735
NORTHWEST 14" STREET, MIAMI, FLORIDA, FROM "OFFICE" TO
"RESTRICTED COMMERCIAL".
HEARING DATE: February 19, 2003
ITEM NO.: 2
VOTE: 6-0
ATTEST:
a i5eiia-bV-%finche4, tirector
Planning and Zoning Department
12392
03 -, 01
y �1 0Jr PLANNING AND ZONING DEPARTMENT
HEARING BOARDS DIVISION
ma
444 SW 2nd Avenue, 74" Floor • Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-416-2035
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING
ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES
BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133.
APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY
PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL
BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE
APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY
COMMISSION.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION
ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM.
Section 62-32 of the Code of the City of Miami, periodic review of the adopted
comprehensive plan and adoption of evaluation and appraisal report reads as follows:
(a) Periodically, but not less often than once in five years or more often than once in two
years, the comprehensive plan shall be reviewed, evaluated and appraised by the
planning advisory board to determine whether changes in the amount, kind or direction
of development and growth of the city or area thereof, or other reasons, make it
necessary or beneficial to make additions or amendments to the comprehensive plan.
The Planning and Zoning Department shall prepare an evaluation and appraisal report
for the planning advisory board which shall evaluate the comprehensive plan pertaining
to the major problems of development, physical deterioration and the location of land
uses and the social and economic effects of such uses; the status of each element of
the comprehensive pian; the objectives of the comprehensive plan compared to actual
results and the extent to which unanticipated and unforeseen problems and
opportunities occurred; all as compared between the date of adoption and the date of
the report. The report shall suggest that changes needed to update the comprehensive
plan including reformulated objectives, policies and standards.
(b) The planning advisory board may recommend the report as presented, modify the report
or reject the report in duly noticed public hearing pursuant to the procedures in Section
62-31.
(c) The city commission shall adopt, or adopt with changes, the report or portions thereof by
resolution in public hearing within 90 days after the planning advisory board date of
recommendation. The city commission shall thereafter amend the comprehensive plan
based on the recommendation in the evaluation and appraisal report. Adoption of the
report and recommender amendments to the plan may be made simultaneously
12392
pursuant to section 62-31 or if not simultaneous, the evaluation .and appraisal report
shall contain a schedule for adoption of the recommended amendments within one year.
See also Article 22 of the Zoning Ordinance.
2. Two 11x17" original surveys, prepared by a State of Florida Registered Land Surveyor
within one year from the date of application.
3. An 8'/ x11" copy of all exhibits that will be presented at the hearing shall be attached to this
application. _
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached form).
5. Complete application should be reviewed and initialed by -Planning and Zoning designee
prior to submittal.
6. Cost of processing, according to the City Code:
Conservation, recreation, residential single-family duplex
Residential medium density multifamily
Residential high-density multifamily, office,
major public facilities, transportation/utilities
Commercial/restricted, commercial/general and industrial
Commercial (CBD)
Surcharge for advertising each item
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
7. This petition is proposed by:
$ 300.00
$ 450.00
$ 550.00
$ 650.00
$ 1,200.00
$ 1,200.00
$ 3.50
( ) Planning and Zoning Department
( ) Other (please specify): Alvaro Cosculluela, Construction Manager 3 on behalf
of Miami -Dade County
8. The subject property is located at: 1419 NW 7 oourt and 735 NW 14 Street
Folio number: 01-3135-019-0910 and 01-3135-D19-0900
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 12, 13 and portion of 14
Block(s) Block 5
Subdivision Highland Park
Pq
12392
9. The undersigned being the owner or the representative of the owner, of the subject property
do(es) respectfully request the approval of the City of Miami for the following amendment(s)
to the Miami Comprehensive Neighborhood Plan for the above-described property as
indicated in the Land Use Plan:
FROM: Duplex Residential
TO: General Commercial
10. Please supply a statement indicating why you think the existing plan designation is
inappropriate:
The present vacant lot is residential zone.
11. Please supply a statement justifying your request to change the plan to your requested
plan designation.
Request to change to commercial (c-2) to build a parking lot.
12. What is the acreage of the property being requested for a change in plan designation?
0.4132 Acres
13. Has the designation of this property been changed in the last year? No
14. Do you own any other property within 200 feet of the subject property? Yes. If yes,
has this other property been granted a change in plan designation within the last twelve
months? No
15. Have you made a companion application for a change of zoning for the subject property
with the Hearing Boards Division? No
16. Have you filed with the Hearing Boards Division a(ri):
■ Owner's list form? Yes
■ Affidavit of ownership? Yon
• Disclosure of ownership form? Yes
■ List of owners of property within 500 feet of the subject property? Yes
If not, please supply them.
3
12392
Signature A • C-4n &-44-4
Name Alvaro Cosculluela on behalf of
-Xiami-Dade County
Address 8660 W Flagler Street
Miami, FL 33144
Telephone 305-228-4229
Date 30 - c --
PI
2
12392
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 'by who is an individual
personally known to me or who has produced as
identification and who did (did not) take an oath.
(Stamp) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument Ams acknowledged before me this 8th day of January
20 03 ,by Alvaro Cosculluela, Construction Manager 3 on behalf of
Miami -Dade County a
corporation, on behalf of the corporation. He/She is personally known to me or has
produced as identification and who did did not take an oath.
V"104'4�
(Stamp) 'e, N warm" cama Signature
*"*My CWWsdon CC8531e1
10w5? Ex*w July 11, 2003
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by partner (or agent) on
behalf of _ , a partnership.
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Signature
Rev. 12!26/02
_-
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Alvaro
Cosculluela , who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
-- accompanying app kation ._f� a publidfieanng sa requm:cF by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, If any, have given their full and complete
permission for him/her to act in his/her behalf for the change or modification of a classification
or regulation of zoning as set out in the accompanying petition, ❑ including responding to day
to day staff inquires; ❑ not including responding to day to day staff inquiries in which case
he/she should be contacted at 305-228-4229
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
Alvaro Cosculluela, Construction
Applicant Name Manager 3 on behalf of
Miami -Dade County
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
The foregoing instrument was ack Qwlec}ged before me this c0 day
2 by ! / of .4
677 a
corporation, on be aj of the corporation. H he is petmonallf kn
produced / as identification an o
S=dm In
(Stamp) cam # Signature
BW in I MWA
>WAWS ca, irs
to me or has
take an oath.
1-2392
Telephone Number 305-229-7569
Legal Description: Roberts & Gretner add PB 10-56 Lots 5 thru 8 less BEG 15.20FTN
of SW COR of lot 8 N9.80FT E99.97FT S22.28FT NWLY100.64 FT to
POB & Lots 14 thru 19 less R/W Lot 14 BLK 1
Owner's Name MIAMI-DADE COUNTY CORRECTIONS & REHAB. Attn: Jim Wilson
Mailing Address 1401 NW 7 Avenue Zip Code 33144
Telephone Number 305-229-7569
Legal Description: Roberts and Gretner add PB 10-56 Lots 1 to 4 INC BLK1/AKA
Parcel 4-5/Lot size 100.000 X 100
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address
Street Address
Street Address
4
Legal Description
Legal Description
Legal Description
12392
OWNER'S LIST
Owner's Name
Miami -Dade County Correction & Rehab. Attn: Jim Wilson
Mailing Address
1415 NW 7 Ct.
Zip Code
33144
Telephone Number
305-229-7559
Legal Description:
Highland Park PB 2-13 ALL OF LOT
13 & PT
of lot 14 - BEG on SE
COR lot 13 W125FT N56.06FT NELY
129.01FT
S87.98FT to POB BLK
5 LOT SIZE 9000 SQUARE FEET.
Owner's Name
MIAMI -DARE COUNTY CORRECTIONS & REHAB.
Attn: Jim Wilson
Mailing Address '
1421 NW 7 Avenue
Zip Code
33144
Telephone Number 305-229-7569
Legal Description: Roberts & Gretner add PB 10-56 Lots 5 thru 8 less BEG 15.20FTN
of SW COR of lot 8 N9.80FT E99.97FT S22.28FT NWLY100.64 FT to
POB & Lots 14 thru 19 less R/W Lot 14 BLK 1
Owner's Name MIAMI-DADE COUNTY CORRECTIONS & REHAB. Attn: Jim Wilson
Mailing Address 1401 NW 7 Avenue Zip Code 33144
Telephone Number 305-229-7569
Legal Description: Roberts and Gretner add PB 10-56 Lots 1 to 4 INC BLK1/AKA
Parcel 4-5/Lot size 100.000 X 100
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address
Street Address
Street Address
4
Legal Description
Legal Description
Legal Description
12392
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
1415 NW -.7 Court and 735 NW 14 Street
..Atta'ched-'Exhibit'A"""
2. Owners) of subject real property and percentage of ownership. ' Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirem,
in the subject matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and
proportionate interest.
MIAMI-DADE COUNTY 100%
3. Legal description and street -address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property.
1421 NW 7 Avenue
Roberts & Grenter add PB ID -56 lots 5 thru 8 less BEG 15.20 FTN of SW COR of
lot 8 N9.80 FT e99.97 FT 22.28 FT NWLY 100.64 FT to POB & lots 14 thru 19 less
lot 14 BLK 1
Owner or Attorney for Owner Name Owner or Attomey for Owner Signature
on behalf of Miami -Dade County
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing ipotlument was cknowled bef me this do of
20 , by
60— &, , on behalf o the corporation. H e is persona known to me r has
produced as identification and o did (did not) take an oath.
(Stamp) Aighature
9-C=s0 � lacenn
IM&Sm*b%
12392
r.JLUJLUJLL A-'
.- L23M
�ZMIIN U OF WAM 3 (Ps 2. FL 14
'---Z**I) SITE A
......STREEf
Nov.
WOO.
7*
IATIONS
Nni! At Disc
!..-%r. P*e
Oinc
'-,-t--Wuv Une
GIe30
BIIYL:k Structufe
off
:rete
—.Iy
JuteC C"m-n-sw3n3
turecl Dimension!
BOUNDARY SURVEY
of
Vacant We ILW. 171h W. at PLW. 7th AYE v
Womeeft Detendm CoMmi, City of Wand,
M&MNDMW* Country FkwkflL
ftr
08A Colufei✓1CdOlb H n A Ronawadm Ser*40816
SUViVEYOWS M"=
1. MAP OF 9OUHUW SURVEY:
Last day of field woric was p- fcn ... ad on Decwr.bw "M 20041.
2. LEGAL DESCFNPTKX*
I
Lot IZ 910ek 5. HIGHLAND PAW.. OCCordbng to the Plot
thereat as reaordod In Plat gook 2 at pop 13 of the Public
of Miami -Dade County. Florida.
Containing 9000 square feet -.o-o or Wn byzOlculations.
Tax Folio Number. 01-3135-019-0900
Parosl 0910.
AN of Lot 13 and wrtion of Lot 14. ililock 5. HIGHLAND
PARK, a... dh 9 to the plat thereof. W recorded In plat
Book 2 at Page 13 of the Pubft Iscerds of MkIMI-00do
Count). Flan" -nore Particularly deeerI as fellows:
Sao on SE cwrw of Lot 13; thence "set 125 feet thence
North SLOB feet; tMenice Northeasterly 129.1711 feet glance
South 57.90 feet to Point of Beghwilng.
Containing 9000 sqiare feet mom or leas by cakaftlbnL
To: Folio Number. 111-3135-019-0910
TUM IROM
PW a Am
Was.
3. ACCURACY:
The minimum relative C
Is i 1*0t, In 10= fft*-
and cawulnUon 'af claw
this requirement.
Well-WentIflod features
measured to an estifna
foot.
4. SOURCES OF CIIATi
A& z vrrical M H I
"I'Sig property woears 1.
Federal Erne go cy Mcr.t
Number 120650. Map N
The vertical contra) o'er
City of Miami Datum(Ml.
8uldolwk demovim ar
City of Miami Senchmar
Locatiora. N.W. 19th VA.
As to harizonlid Camvk
Bearings as she" hem
line with a b" It of 14
Subject property we to
"Mument"
1. Plat of HIGHLAND f
at Page 13. -of tn.
FWrkkL
2. City of Mlaml Atlat
Legal Doe"tion Was L
3-92
a -
PH 3 : 39 ail 6855 in 511
• •7ttfi Sb;i�3 '70 My 15 _...
fa c-4 cad :!t: s 6% 7,1 ,4':;a eyx IN THE CIRCUIT COURT OF THE ELEVENTH
E. R.LC .t�f JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
I Crook C .11it 4•.•,t DADE COUNTY CIVIL ACTION
c • a"
popery pok NO. 69-16869 (Judge Thomas E. Lee, Jr.)
�t/ DADE COUNTY, a political
subdivision of the State of
Florida,
R .
Petitioner,
FINAL JUDGMENT AS TO
Vs. PARCEL NOS. 23-3. 23-4
AND 47-7
MARK KAISER, INC., a o _
Florida corporation, et &L, n..
=, *t
cs `A ti
This cause coating on for trial upon the Petition ijm� !l:ninerni
C_, .. C)
Domain Proceedings and upon the settlement agreements by
v
petitioner and the defendant owners oft
Parcel No. 23-3 Wally Steinberg and Rose T.
Steinberg, his wife
Parcel No. 23-4 Wally Steinberg and Rose T.
Steinberg. his wife
Parcel No. 47-7 James Bailey Cash and Vera
Howard Cash, his wife
and the Court having examined the Petition and said settlement agreements
and it appearing to the Court from said settlement agreements that the
defendant owners of Parcel Not. 23-3, 23-4 and 47-7 have filed thbir
written waiver of trial by jury and their consent to the immediate antsy
of a Final Judgment as to their interest in fall compensation for the
properties taken, excluding attorneys, fees and costs as to Parcel
Nos. 23-3 and 23-4 and including attorneys' fees and costs as to Parcel
No. 47-7. if aoy, it is
ORDERED and ADJUDGED tbah
W9�
12392
Ft;
6855 pm 512
1. Accurate descriptions of the said parcels constituting the
properties taken or involved in this Judgment are as follows:
PARCEL NO. 23-3
Lot 12 in Block 5 of HIGHLAND PARK,
according to the plat thereof recorded
in Plat Book 2 at Page 13 of the Public
Records of Dade County. Florida.
PARCEL NO. 23-4
The West 40 feet of Lots 10 and 11 in Block
5 of HIGHLAND PARK, according to the
plat thereof recorded in Plat Book 2 at Page
13 of the Public Records of Dade County,
Florida.
PARCEL NO. 47-7
Lots 21 through 24 inchuive in Block 14 of
MGHLAND PARK. according to the plat
thereof recorded in Plat Hook 2 at Page 13
of the Public Records of Dade County,
Florida. Less those portions thereof
previously conveyed for road purposes.
2. The compensation, excluding attorneys' fees, expenses
and costs as to Parcel Nos. 23-3 and 23-4 and including attorneys' fees,
expenses and costs as to Parcel No. 47-7, if any, to be made by the
petitioner on account of the taking of the fee simple title to the said
parcels hereinabove described, for the public purpose of urban renewal
contemplating the clearing and redevelopment of a limn area, is as
follows:
Parcel No. 23.3 shall be paid to
Wally Steinberg and Rose T.
Steinberg, his wife, owners;
James B. Grover, as Executor
of Estate of Loretta Grover Smith,
mortgagee ............................. $ 7,250.00
Parcel No. 23-4 shall be paid to
Wally Steinberg and Rose T.
Steinberg, his wile, owners ............. 5,000.00
-2-
%1641-17
2-
%1641't j f ::; %Y)
Ma
3 PJ ti
6655 513
Rig
Parcel No. 47-7 shall be paid to
James Hailey Cash and Vera Howard
Cash, his Rife, owners; American
On Company, a Maryland corporation,
lessee .................................. $46.403.90
3. The petitioner. Dade County, is properly exercising the
authority delegated to it in taking the said properties hereinabove described
and within twenty (20) days from the date hereof the petitioner shall pay
into the Registry of this Court for the use of the defendants, the sum of
$58,653.90. Upon said payment and upon the recordation of this Judgment
and the Certificate of the Clerk of this Court that the compensation provided
hereby has been paid into the Registry of this Court, title to said properties
hersinabove described as Parcel Nos. 23-3. 23-4 and 47-7 shall be vested
in fee simple absolute in the petitioner and the petitioner shall be entitled
to possession of the said properties.
4. The Clerk of this Court before disbursing any money on
account of said parcels shall deduct from the award allocated to said
parcels and pay to the Dade Conuty Tax Collector the following stens
representing City of Miami and Dade County unpaid 1969 taxes;
!969 City of 1969 Dade
Miami Taxes County Taxes
Parcel No. 23-3 $ $9.29 $ 130.22
Parcel No. 23-4 64.94 95.62
Parcel No. 47-7 -0- -0.
The Dade County Tax Collector is ordered to accept said ammna
ss full payment of the 1969 cases for said parcels and is further ordered
NA directed to refund any overpayment of the actual taxes due for 1969
on said parcels to the said defendant owners.
-3-
m4147 rx.010
12392
B l 6855 M514
5. The Clerk of this Court shall further deduct from the
awards allocated to Parcel Hos. 23-3. 23-4 and 47-7 and pay to the Dade
County Tax Collector Escrow Account the following sums representing
City of Miami and Dade County 1970 taxes prorated to the date of the
settlement agreements filed herein:
1970 Prorated City 1970 Prorated Dade
of Miami Taxes County Takes
Parcel No. Z3-3 $ 28.95 $ 41.54
Parcel No. 23-4 21.15 30.35
Parcel No. 47-7 226.78 325.39
If the said prorated 1970 City of Miami and Dade County taxes
should exceed the taxes actually due, the Clerk of this Court and the Tax
Collector of Dade County are authorized and directed to refund to the said
defendant owners the prorated sums withheld in excess of the actual fazes
due. if the 1970 City of Miami and Dade County taxes in the 1970 tax bills.
when issued, are in excess of the said prorated sums. then the Tax
Collector of Dade County, Florida, is hereby authorized and directed
to accept the said sums in fall payment of the 1970 taxes upon said
parcels,
6. After payment of the sum of $58.653.90 into the Registry.
the Clerk of this Court shall pay those sums set out in Paragraph Z above,
less the suss not out in Paragraphs 4 and S above for 1969 and I970 taxes.
by delivery of his checks therefor to the said defendants or their attorneys
of record.
7. This Court retains Jurisdiction to determine the rights
of any of said defendants, lessees. mortgagors, judgment creditors.
_4.
=11;4147 m.9ii
f�?
+11'
i1c.6855 fu 515
lienholders, and other claimants in respect to the compensation for the
parcels which are the subjeot of this Final Judgment.
DONE Mid ORDERED in Chambers at Miami. Dade County.
Florida, this -f— day Of May, 1970.
ClEtCUIT.TUDM
STATE OF FLORIDA, OF DAD E C041
i HEREBY CERTIFY that the fmglalaj�l IOU. OYM corms of 0"aa
.t TY
Co
original on file in this office.
I C/ AD 20.lfj— q
HARVEY RUVIN. CLERK, o Uft and CoUn CO
Deputy Clerk
. is "MM — "d
9M =—. ft"L
man vMwv
&AMMKIMM
COUP
ep- 'k L
-5-
bmliV ctu.912
,a
� I
nq
12392
This instrument prepared by, and after recording return
to:
Name: Cosculluela, Alvaro
Address: Corrections & Rehabilitation
Department
8660 West Flagler Street
Miami, Florida 33144
OR U 21549 Pis !`trill - SF (5p.
RECORDED it;;,;'19'20117, 12:74:56
MARVE'f F'11V,IN? CLEF.' [IF COURT
hTA"1T.-CAGE t;F1 TDA
Space reserved for Clerk of
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
made this day of /v , 2003, by Miami -Dade County (the "Owner"), is in
favor of the City of Miami, Florida.
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of
Miami, Florida, located at 1415 NW 7`h Court and 735 NW 14`h Street Miami, Florida,
legally described in Exhibit "A" attached hereto and made a part (the "Property");
WHEREAS, the Owner has petitioned the City of Miami for: a) an amendment to
Ordinance 10544 of the City of Miami to change the Future Land Use Designation of the
Property in the Miami Comprehensive Neighborhood Plan from "Medium Density
Multifamily Residential" to "Restricted Commercial", and b) a change of Zoning for the
Property as listed in Ordinance No. 11000, as amended the Zoning Ordinance of the City
of Miami, Article 4, Section 401, Schedule of District Regulations from "Duplex
Residential to " General Commercial" and R-2 Two Family
1
r- <<
Liberal
JN U
�. w cc0 wt itlUSf o� J
rr
coucm
12394;
Commercial (lots 12 & 13 of Block 5 of the Highland Park Amended Plat recorded at
Plat Book 2 page 13);
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this Declaration.
NOW, THEREFORE, the Owner, voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be covenants running with the land and binding upon the Owner, its
successors in interest and assigns, as follows:
1. Recitals. The recitals and findings set forth in the preamble of this
Declaration are true and correct and are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
2. Use. Owner covenants that the Property shall be developed under the
regulations of the C-2 Liberal Commercial Zoning district. Notwithstanding other uses
permitted in the C-2 District, Owner covenants and agrees that only the following
Principal Uses shall be permitted on the Property:
1. Parking lot
No Conditional Uses or Conditional Accessory Uses shall be permitted on the Property.
3. Effective Date. This instrument shall constitute a covenant running with
the title to the Property and shall be made binding and shall be recorded upon the 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
gyp COO
present and future Owners of the Property and for the public welfare. J1!k,P cisrK
2 rt! W* we iris,
f
°oaf coin
1239ti
4. Term of Covenant. This voluntary covenant on the part of the Owners
shall remain in full force and effect and shall be binding upon the Owner of the Property,
its successors in interest and assigns and shall be binding upon them 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 successive periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
5. Inspections. 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 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.
6. Enforcement. An action to enforce the terms and conditions of this
Declaration, including failure to record the Declaration, may be brought by the City of
Miami 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 recover damages. This enforcement
provision shall be in addition to any other remedies available under the law. In any
injunctive action relating to this Declaration, the Owner, its successors and assigns shall
stipulate to a maximum $1,000.00 bond to be provided by any parties.
7. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion thereof, by
a written instrument executed by the then owner(s) of all of the Property, provided
�ao couNlr
the same is also approved by the Miami City Commission, after public hearing.
J~ etEte C'Ce
tJ Rt
y
3 9� oc�
WE TRW p
q�F
coU
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, no later than thirty
days after the zoning change is approved by the Miami City Commission. In the event
that a court of competent jurisdiction rescinds or quashes this approval, it is expressly
understood that this Declaration is void and of no legal force and effect and that the
Owner and/or its assigns and successors may file and record any documents which are
necessary to void the legal effect of this Declaration.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
day of PR\; �, vl--� _'2003.
Witnessed y:
J/
Name:
Name: AL r- �,
91
George M. Wurgess
County Manager
Miami -Dade County
ptpRY PSB(
AIriNERYSS M. BIRD
MY COMMISSION ODD 013396
**
EXPIRES: April 10, 2005
IF* �'EOF R69e '
Bonded Thru Budget Notary Services
il
1-2392
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 12 & 13 of THE HIGHLAND PARK AMENDED PLAT, according to the plat
thereof, recorded in Plat Book 2, at Page 13, of the Public Records of Dade County,
Florida.
m;
1415 NW 7TH Court and 735 NW 14a' Street 01-3135-019-0900
01-3135-019-0910
IVU
STATE OF FLORIDA. COUNT OF DADS `P�L� c"iKkl,
i HEREBY CERTIFY that this rs a true c y of me �a� >
----r-� �" day Of V �Ti
ongm2t filed iin otirce an
A c zn
Wi NGSS m4h."Vnd otticial'Seal. K+Yoo wt lA
i
."Irvebnrtu NFRi'nofclicuitandcountyCoutts �1nr_�
12392
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Miriam Arcia, Administrative Aide I
City Clerk's Office
FROM: Yamile Marrero-Trehy, Assistant City Attorney
DATE: August 21, 2003
RE: Recorded Covenant -1415 NW 7th Court and 735 NW 14th
Street -Miami -Dade County
Attached, for your records please find the original
recorded Covenant regarding the above-mentioned property. The
item was PZ 11 of the July 17th City Commission Meeting,
Ordinance 412392. Should you have any questions, please do not
hesitate to call me at (305) 416-1832. Thank you.
1311WVIW A0 A113
NOSdWONl 'V V 1110SNL1
tz : i i Wd zz Onr Eooz
UJM�JJb
YMT2003memos/W088/smg 12 3 92
This instrument prepared by, and after recording return
to:
Name: Cosculluela, Alvaro
Address: Corrections & RehabiIitation
Department
8660 West Flagler Street
Miami, Florida 33144
e ��tlff iifil illfi fiffi Ilio liilf hili lfif fiif
OR Bk 21549 Nis 00iij - 56 (5nss)
REWORDEDint, `19 2 i+i 7 12:34:56
HARVEY RUVTI'd, CLFRCSF 1CDt'F'i
MIAMI• -GLADE i;;[ll,lWFY. FL. On`Tr�A
Space reserved for Clerk of Court
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
M
made this day /r of u � , 2003, by Miami -Dade County (the "Owner"), is in
favor of the City of Miami, Florida.
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of
Miami, Florida, located at 1415 NW 7th Court and 735 NW 14`h Street Miami, Florida,
legally described in Exhibit "A" attached hereto and made a part (the "Property");
WHEREAS, the Owner has petitioned the City of Miami for: a) an amendment to
Ordinance 10544 of the City of Miami to change the Future Land Use Designation of the
Property in the Miami Comprehensive Neighborhood Plan from "Medium Density
Multifamily Residential" to "Restricted Commercial", and b) a change of Zoning for the
Property as listed in Ordinance No. 11000, as amended the Zoning Ordinance of the City
of Miami, Article 4, Section 401, Schedule of District Regulations from "Duplex
Residential to " General Commercial" and R-2 Two Family
1
r� CCkUJy,�Y
Liberal
IN Gco wt femur���r�/ f
��DE CGS`kI
1q 6)
�
N
CD
A A
,_.
M
-<0
n
Q
_:X
r N
W
O
Z
Space reserved for Clerk of Court
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
M
made this day /r of u � , 2003, by Miami -Dade County (the "Owner"), is in
favor of the City of Miami, Florida.
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of
Miami, Florida, located at 1415 NW 7th Court and 735 NW 14`h Street Miami, Florida,
legally described in Exhibit "A" attached hereto and made a part (the "Property");
WHEREAS, the Owner has petitioned the City of Miami for: a) an amendment to
Ordinance 10544 of the City of Miami to change the Future Land Use Designation of the
Property in the Miami Comprehensive Neighborhood Plan from "Medium Density
Multifamily Residential" to "Restricted Commercial", and b) a change of Zoning for the
Property as listed in Ordinance No. 11000, as amended the Zoning Ordinance of the City
of Miami, Article 4, Section 401, Schedule of District Regulations from "Duplex
Residential to " General Commercial" and R-2 Two Family
1
r� CCkUJy,�Y
Liberal
IN Gco wt femur���r�/ f
��DE CGS`kI
1q 6)
Commercial (lots 12 & 13 of Block 5 of the Highland Park Amended Plat recorded at
Plat Book 2 page 13);
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this Declaration.
NOW, THEREFORE, the Owner, voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be covenants running with the land and binding upon the Owner, its
suc&ssors in interest and assigns, as follows:
1. Recitals. The recitals and findings set forth in the preamble of this
Declaration are true and correct and are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
2. Use. Owner covenants that the Property shall be developed under the
regulations of the C-2 Liberal Commercial Zoning district. Notwithstanding other uses
permitted in the C-2 District, Owner covenants and agrees that only the following
Principal Uses shall be permitted on the Property:
1. Parking lot
No Conditional Uses or Conditional Accessory Uses shall be permitted on the Property.
3. Effective Date. This instrument shall constitute a covenant running with
the title to the Property and shall be made binding and shall be recorded upon the 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
Np cotJh .
present and future Owners of the Property and for the public welfare.�0
G ,
�LA
2
bf COV 12392
4. Term of Covenant. This voluntary covenant on the part of the Owners
shall remain in full force and effect and shall be binding upon the Owner of the Property,
its successors in interest and assigns and shall be binding upon them 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 successive periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
5. Inspections. 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 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.
6. Enforcement. An action to enforce the terms and conditions of this
Declaration, including failure to record the Declaration, may be brought by the City of
Miami 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 recover damages. This enforcement
provision shall be in addition to any other remedies available under the law. In any
injunctive action relating to this Declaration, the Owner, its successors and assigns shall
stipulate to a maximum $1,000.00 bond to be provided by any parties.
7. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion thereof, by
a written instrument executed by the then owner(s) of all of the Property, provided In couNTy
J~
the same is also approved by the Miami City Commission, after public hearing. 4 &tERK
u`
N.
3 y
ON rcfl wE mixt �o
Oq F
� 2 �.
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, no later than thirty
days after the zoning change is approved by the Miami City Commission. In the event
that a court of competent jurisdiction rescinds or quashes this approval, it is expressly
understood that this Declaration is void and of no legal force and effect and that the
Owner and/or its assigns and successors may file and record any documents which are
necessary to void the legal effect of this Declaration.
IN WITNESS WHEREOF, the undersigned has set his hand and seal thist
day of _ leyi s, &,t 72003.
Witnessed y:
i
Name: `� '� ' l L-re'C" z
Name. C- " ,(- L� F S Gsc c }c1
0
George M. Burgess
County Manager
Miami -Dade County
2otpnr roe c
AWNERYSS M. BIRD
MY COMMISSION # DD 013396
* *
EXPIRES: April 10, 2005
"OF F0
Bonded Thru Budget Notary Services
GOUJy
J~ C4EIIR
U _
Z
12392
EXHIBIT "A"
LEGAL DESCRIPTION
0 R _ K' 2154-5
L._L�-1ST F'CiGE
Lots 12 & 13 of THE HIGHLAND PARK AMENDED PLAT, according to the plat
thereof, recorded in Plat Book 2, at Page 13, of the Public Records of Dade County,
Florida.
WS
1415 NW 7TH Court and 735 NW 14'' Street 01-3135-019-0900
01-3135-019-0910
STATE OF FLORIDA. COl1NT OF DADE Pt�p COVNIj�
HEREBY CERTIFY that this rs a true cA y of the a�
ctill L1O
original riled in ihrs ottrce on _--Y------oayof
,AD20
WITNESSmyhar: na
tlOthat;ear. n+000%W"tmw
1hi,CLER' k:tCucurrartdCountyCoutts F�
NAR �' eons'
By
1239