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Home My WebLink AboutR-01-0292J-01-229 03/28/01 01- 292 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S) , APPROVING THE RELEASE OF A COVENANT RUNNING WITH THE LAND DATED SEPTEMBER 6, 1998, AND RECORDED IN OFFICIAL RECORDS BOOK 17392, AT PAGE 4343, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2803 COCONUT AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A", AS THE COVENANT WAS RECORDED IN CONNECTION WITH A PROPOSED DEVELOPMENT WHICH WAS NOT BUILT AND THE COVENANT IS THEREFORE NO LONGER REQUIRED; FURTHER DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE A RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN CONNECTION THEREWITH. WHEREAS, the property located at approximately 2803 Coconut Avenue, Miami, Florida (the "Property"), as described in attached "Exhibit A," is subject to a Covenant Running with The Land, ("Zoning Covenant") dated September 6, 1998, recorded in Official Records Book 17392, at Page 4343, of the Public Records of Miami - Dade County, Florida; and WHEREAS, the covenant was recorded in connection with a proposed development which was not built, and the covenant is therefore no longer required; and cm cobumsm METING OF BAR 2CONTAINED- 0'A], - � 2 WHEREAS, the Property owner has requested the City to release the Zoning Covenant; and WHEREAS, the Acting Zoning Administrator has reviewed the request and recommends the release of the Zoning Covenant; and WHEREAS, the City Commission after careful consideration of this matter finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to release the Zoning Covenant for the Property as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The release of the Zoning Covenant dated September 6, 1998, recorded in Official Records Book 17392, at Page 4343, of the Public Records of Miami -Dade County, Florida, is approved for the Property, and the proper City Officials are authorized!' to execute a release, in a form acceptable to the City Attorney, in connection therewith. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 2 of 3 01" 292 Section 3. This Resolution shall become effective immediately upon its adoption.2/ PASSED AND ADOPTED this 29th day of March 2001. JOE CAROLLO, MAYOR accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of I^illation by signing it in the designated place p?-vdate ided, said legisl t'; ,A,comes effective with the elapse of ten (10) days fro of ;;ai ATTEST: warding same, without the Mayor exercising a�to, %/, � WALTER J. FOEMAN CITY CLERK APPRO � TO 016M AND CORRECTNESS :e/ *KNDIM VT'L"ARELLO TY ATTORNEY t5j-)/q W5150:YMT :BSS This Resolution 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 Resolution, 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 3 of 3. 01-P 292 Jan 02 O1 03:20P BRENNER & DIENSTRG, P.R. (305)381-6790 P.2 crr_ 17392t,14343 DA 7F- UPT£MBER 6, 1996 OUILVIKUND WMAK's IMPARYWAT KjAN 1, WF- JEM ANU NIL.LLM CVWW 0 -mm. of Ow Prof" dearrdbed W.- 1.01': A 9aed g aBoh Tnran, BrzrA i suUnivatav PB i P 47 wsk co.ALr E •Rfp S OMM A ve C' 2=19 a= Mfmri k de Adgb-= a% Aarby Watw d kmmm 4W dba mit plaamd iT an 00ke rNll be Andf Fir nowev"MI of da prvpdv and a1w may be wdjtr imnir Of florurm. and wfD not be used as a rmuct dwe bq or nxda/ ONL Vaoddpmpdry traold arow&Orrw4 d&+fiprbtlan anal/ apply to aBfrave over, lklrsor aawrwc; and do prrchaarrs w W bo *sAmed of ab twamm i / r WMA TME rya ----- �vrra►R�c -- - S7ATB OFP7DPJrAf COEOV"CFDAM _irIMM —� ft(ofv tel -m � _ 0 me weli mam W be Nrpff drjcdWMand wdrocwmiedditjbmSv*jrbuvtmranl,and w4wwA*mdroandAtfawtae dw rsmried said ietAw mwlf 6r 18rprrpaw #.we* e2prrjmml WPnJA=ffyk4nd4*JAImrA&W-,—„ dayaf ,.___,A.D., l9 Publ9o, buto of Florida at IAA wartan tsr cs sarsm► aDW�fQIb fes. CR31�1 NOTE: Thlr LwwLranl Lt a etQrrlrwrxtli od Lhd CYy ojM/atnd ZanrAp Oepunfia►I/or the aa�mrclran oJlpv .dnskjimWi�npdemee and arty oddffrloru orrsrodrift LUnrof, ThLt <�enL tialRffr�11lle� a kadly bi�lg dbctonen/ wltMlr shall be tYeantid br the firbtlt Rea+ail9l' Dade COMW $}g+ Aarr AW quwxdow oaraennUg dtr VMUMR it a trgarimd Owtrwr rwrdr an ""mqt 0i+ 292 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and MAR 2 1 2U01 TO Members of the City Commission DATE : FILE Release of Covenant SUBJECT: Recorded No. 96R475279 2803 Coconut Avenue Lots 8,9 and 10 FROM: s lm rezg�_ REFERENCES: Palm Terrace City Manager ENCLOSURES: The above mentioned Covenant was recorded for the purpose of one of the units in a proposed multifamily development that was to have been used only as the management office and not as a rental dwelling unit. The requirement of the Covenant was requested by the Zoning Division in order to ascertain that the office use in the residential complex was only for the management of the units. The development was never built and the land is currently vacant. Therefore, the Covenant is not required and the Planning and Zoning Department has no objectipns to the release of the Covenant. CAG&A /tc cc: Ana Gelabert-Sanchez, Director Planning and Zoning Department PZ -3 01.- 292 LAW OFFICES RUSSO & BAKER, P.A. GABLES INTERNATIONAL PLAZA 2655 LE JEUNE ROAD SurrE 201 CORAL GABLES, FLORIDA 33134 TELEPHONE 305 4768300 TELEFAX 305 4766383 LAURA L. Russo RONALD G. BAKER January 31, 2001 City of Miami Board of Commissioners RE: Release of Covenant Lots 8, 9, 10 Palm Terrace a/k/a 2803 Coconut Avenue Dear Commissioners: This office represents Jean W. Dolan, the owner of the above referenced property. EDMUND P. Russo OF COUNSEL On behalf of our client we are making application to Release Covenant Running with the Land, which presently encumbers the property. A copy of the Covenant is attached hereto. This covenant was required by staff pursuant to plans the Dolans had presented to develop an apartment building on this site. The plans were not finalized and permits were never issued. The property remains vacant land and there is no need for the covenant to remain on the property. We respectfully request a hearing be set to hear our application to Release the Covenant. Very truly yours, RUSSO & BAKER, P.A. Ronald G. Baker RGB:gf Enclosure 01- 292 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Teresita Fernandez, February 8, 2001 TO: (Chief DATE : FILE: Boards Divisi �i �_ C C. Gonzalez, Acting Zoning Admini Planning and Zoning 4 2803 Coconut Avenue SUBJECT: Lots 8,9 and 10 Palm Terrace REFERENCES: ENCLOSURES: Pursuant to a letter from Ronald G. Baker of the Law firm of Russo and Baker representing Jean W. Dolan, owner of the above mentioned property and a request for a Release of Covenant, please be advised of the following. On October 17, 1996, a Covenant Running with the Land numbered 96R475279 was recorded for the purpose of a unit in a proposed multi -family development that was to be used as the management office and was not to have been used as a rental dwelling or rental unit. The proposed development was never built and the land is currently vacant. Therefore, the Covenant is not required and the Zoning Division of the City of Miami has no objections to releasing the aforementioned Covenant. JCG: tc Cc: Ana Gelabert-Sanchez, Director Planning and Zoning Department Lourdes Slazyk, Assistant Director Planning and Zoning Department Zoning file Oi- 292 Jan 02 01 03:20P BRENNER & DIENSTRG, P.R. (3051381-6790 P.2 Ell:. 7392',14343 DATE, sePTEMBER 6, 1996 CrI7OFAOAAC i tTOUDIKUNDZO)VIAKi1)FPAR7MFM W��i:C�►iJ�l(� nEi•R CrK...•....-. r, w r JEAN pvw WIc.LIAM 0L)tM owwm aj&6 propwV dex bedas Ili% A 9mrd 14orpahm3rr - erjvK i_ stionivistON 1'B �P�� )udeCo�e�.[Y19c••�da ofEo Morn as . j�[�-- _ � �a��:z ��r� Coc+env`Gno�r Mtaa�i Mort Ad&vs ---�� do ha rbymab it Aeom tfbot bik mitpkwmd m as oj%c will dw andfiw swam( grbAe pupov and a4w —V hw awdJtrawnW off m ww. and wfil Prot be and a r a rears! dwehq or rewbd wdt .{J'aald pa+AP+►D' Dbnld o►>b�arbKrnsd t1b b7iprlaAto» bhall apply io alt f:m+e o�rr; )k4.r o aEao(awe; and the prrdaae,s will be mj6naed of Ab aowermu LAi 47GNA MW MOM e SIAM OFFIDR" CO&WrFOFQAL2E BQ6r� eeeperbowaDy gEryoaa'ed m bier MeabeoMn ro br &W psi daaibed a add vim sbecwredrbeforvgc*g bbEa,ewm4 seed orAwwkdedio attdiafa vme shmm exwooddaid arlreonaw for *rp par Anvin eaptewaL tpP7W=wyhand4ftWmrA tMa dEwof _, A.D., 19 rARYS !'ubCa orFloeidaatLarQcMUMS!" EA NOTE: T7ry oowetmbf rr a reperaaeau � Ctty olb t Zontng oepartiatasr fel tAe aoE efiorr el» .tirrgkjbw*wdewoeawdartyaddbl000ramodebrg&Wr pj, Thu kwvmmsmsiffm takgaftybkdmgdwwuntw+imShallbeeaeordrdbrtArltbftfi=w*4N' Dad• Corape �t's+a« >�+. awl gwearara, sa+erwraa lEreiueborc u v bated dwtrva carTadr ays aeeewep; 01- 292 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ronald G. Balser who being by me first deposes and says: 1. That he/ske is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and fisted on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which hem 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; O not including responding to day to day staff inquiries in which case h - W should be contacted at 305-476-8300. 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/sia 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. RONALD G. BAKER Applicant Name ' /I I . Z, Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of al . :ii 20 <y , by Ronald G. Baker who iSa all known to me or who has produced as identification and who did (did not) take an oath. _ (Stamp) 3 ��wY "�s Nanette G. Passafiume Ig a`ture : Notary Public, State of Florida < f o Commission No. CC 648249 My Commission Exp. 05/18/2001 CO- -NO -3 -NOTARY - Fly. NOWY Semct R Baodm� Ca. < DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lots 8, 9, 10, Block 1, PALM TERRACE, recorded in Plat Book 3, Page 47, Public Records of Miami -Dade County, Florida a/k/a 2803 Coconut Avenue, Coconut Grove, FL Vacant land 2. Owner(s) 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 indirect, 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. Jean. W. Dolan, Trustee under Jean W. Dolan Declaration of Trust Dated May 30, 1997 Jean W. Dolan is sole beneficiary of Trust 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 375 feet of the subject real property. None Ronald G. Baker G; Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of HCl'Hca « 20 6, / , by Ronald G. Baker who is pe alt known to me -or -who has produced as identification and who did (did not) take an oath. (Stamp) Signature ;lei///1%ii1!/il/i.lirlrl� r•r°1r'!/r'ilillllll!'` n� •u Nanette G. passafiume i Z °•�, �oy�y pui,lil, Stag of Fbrida s` Commission So CC 6118x2 < ''Eovaor my Cpmytussion gip• OS/188001 1-800-3•NOSARY - T4t NOW &Ham` �' i tamso & zatcer, Y. it. l J s an Or(. 4675 Ponce de LeBoulevax�f301 - Ric: ( 7672F26A,,tri ~``Coral - ',les, FL 33146 r a This Instrument Prepby. 97R2598:54 1997 JUN 11 10:05 Ronald G.. Baker, Esq. A,,,,,, Russo & Baker, P. A. ; 4675 Ponce de Leon Boulevard #301 - Coral Gables, FL 33146 Property Appraisers Parcel Identification (Folio) Number(s): 01-4116-029-0070 DOCSTPDEE 0.60 SURTX 0.45 226ee1s1 S..5227ts): HARVEY RUVINr CLERK DADE COUNTYt FL 50- SPACE A0014E TKS LINE FOn PnOCE'SING DATA SPACE ABOVE TH. LWE Fort nrconcmc DATA C�h1II (�puit-( 181In 3 rib. Executed this 30th day of May A.D. 19 97 by WIIS.TAm W, D��p�N and JEAN W. DOIAN Individuall and as the last. off 'ce�s and, ictors as authorized ents for DOLAN DEVfrAPMFNr P INC, a disso�ved Florida Corpor MA 30 p 1947 to WITH FULL OEAN W. PM TRUSTEE �RZTY TO THE JEAN PR7Tf7(TO CONS , SEDC, OF ST DATID EtQf,'IA hR, M &,d AND DISPOSE OF TM PROPERTY DESCRIBID JEEF= :whose post nffice address is 2666 Tigertail Avenue, #212, Miami, FL 33133 second party: (1vn.rMr uod 6W ob f/r bmm -am wy' nw -..cone mly ,AAif iftk' t "Low Ano P-1. heir$. "W r.Pftmr" 3. NW ANi9rq d YwMtlrYls. Hw or Arx MS WO ufipn, of MPMOMU. WWW r Pr wM.n a APIMf W f"-5.1 Witnefiottl1. That the said first party, for and in consideration of the suint of s 10-00 in hand paid by the said second party, the receipt whereofis hereby aeknotwledged, does hereby roytise, release n„ d quit -claim unto the said second party forever, all the right, title, interest, claTan and demand which the said fir.t party has in and to the following described lot ,pieca or parcel of land, situate, lying and being in the Coway ry Dade , State of Florada , to -wit: Lots 8, 9 and 10, in Block 1, of PALM TERRACE, according to the Plat thereof, as recorded in Plat Book 3, at Page 47, of the Public Records of Dade County, Florida. RECONDEDAV WiCYAt RECORDS9Opr OF DADS COUNrr rLoozaoo RECOW VEIPF1ED HARVEY RUVIN cr r>m CIRCUrr COURT GO 34111Ut 80 tV 3101b The sa7nc together with all and singular the appurtenances thereunto belonging or in ante appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. 3n Mitntso 35hertaf. The said first party has signgd.a cd these presents the day and year first above written.-- ` ru.- pAnn 1- r r aM rnr.. srs.n.r. W to M"W' if ..,) n 2666 Tigertail Avenue #212 t. Miami, F133133 /t.sr?..rw wR.rnr.. r r,, WILLIAM W. DOIAN ,.. 2666 Tigertail Avenue #212 L Offi- A&1— haft, FL 33133 STATE OF FLORMA COUNTY OF DADE I HEREBY CERTIFY that on this day before me an officer duly au racd—ir�-the Str c a fn tb�Coµp�y aforesyid to toy c ask 1�cro�nts. n�I a +LSAf� W. l�IAN aTtd JtAN W. �K V1G1]aliYy aT1a�a5im las of eers aaand recd ors, as authorized agents for DOLAN D�tIE NiffiP , I> a dissolved F3.0ridaCoxparatlon I WI70 are persCnallyto me known to be the person s described in arwt who executed the forgoing Quit Claim Decd and they acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid thus .G dry of i/,'r A.D. 19 .tcl� a tih"'' F'i•.. OFF:O!AI NOTARY ::EAI t7arA7bw-L . WNALD O BARER } ZrOiW:SS1Oti t1UNGER +ws arsm«. CC:.3022 f 0 - 2 ' r t s1:...: my COMIUMS10It EXP. M Grrw.toA ' O fLV NOV, 14,1097 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- FIRST NAME -MIDDLE NAME NAME OF BOARD. COUNCIL COMMISSION. AUTHORITY. OR COMMITTEE W i (\ :3�nL. C_�i 4 61� iCLill '. C-(-"611Mc 'S; d ✓1 MAILING ADDRESS THE BOARD. COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE Is A UNIT OF. CIT O COUNTY 0 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION. DATE ON WHICH VOTE OCCURRED 3 .a C\ U Y POSITION IS. MELECr1VF O APPOINTIVE WHO MUST FILE FORM U This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1125143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency4 by whom ,be is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies -under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your diiection. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. The form must be read publirly at the next meeting after the form is filed. CE FORM 99 • 1491 PAGE I W* IF YOU MAKE NO ATTEMPT TO l..rLUENCE THE DECISION EXCEPT BY, jCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that oniG cc , (a) A measure came or will come before my agency which (check one) inured to my special private gain; X inured to the special gain of my business associate, inured to the special gain of my relative, , inured to the special gain of ' b�. whom 1 am retained; or inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: PZ-�� c�' f� +� (�rv�M SSMC:�� oT'C�tV-\L r C�U Slk-(C2 \'j ��.��1 i CGo' c1c��,_ rj Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IIS SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TC EXCEED S5,000. CE FORM 89. 041 PAGE i NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IIS SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TC EXCEED S5,000. CE FORM 89. 041 PAGE