HomeMy WebLinkAboutR-00-0287J-00-252
3/14/00
RESOLUTION NO.
00— A87
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH_ ATTACHMENTS, APPROVING AND AUTHORIZING
THE RECORDATION OF THE SECOND MODIFICATION TO
DECLARATION OF RESTRICTIVE COVENANTS
(ATTACHED HERETO AS EXHIBIT "A") FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2951-2999
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, A/K/A
"RADIO MAMBI PROPERTY" TO AMEND THE EXISTING
COVENANT DATED MARCH 2, 1988 (ATTACHED HERETO
AS EXHIBIT "B") AND MODIFICATION OF COVENANT
DATED AUGUST 26, 1988 (ATTACHED HERETO AS
EXHIBIT "C"), SUBJECT TO RECORDATION AND
OTHER EXPENSES RELATED TO THIS SECOND
MODIFICATION TO BE PAID BY THE PROPERTY
OWNER..
WHEREAS, on January 28, 1988, the City Commission adopted
Ordinance No. 10323 which amended the Miami Comprehensive
Neighborhood Plan for the project located at approximately
2951-2999 Southwest 22nd Terrace, Miami, Florida, and the
property owner voluntarily agreed to execute and record a
Declaration of Restrictive Covenants in the public records of
Miami -Dade County, Florida, in connection therewith, attached
hereto as Exhibit "B" and made a part hereof; and
WHEREAS, the Declaration of Restrictive Covenants was fully
executed, but not recorded in the Public Records of Miami -Dade
County, Florida; and
ATTACHMENT f5l
UNT AWED
CITY COMMISSION
MEETING OF
PEAR 2 3 2000
xesolu ion No.
-- 8 7
0
WHEREAS, on June 23, 1988, the City Commission adopted
Resolution No. 88-591, after a duly conducted public hearing,
accepting a Modification to the Declaration of Restrictive
Covenants dated April 26, 1989, and recorded in Official Records
Book 13875, Page 3008 of the Public Records of Miami -Dade County,
Florida, attached hereto as Exhibit "C" and made a part hereof;
and
WHEREAS, the City Commission, after a duly conducted public
hearing, is agreeable to approving the Second Modification to
Declaration of Restrictive Covenant, attached hereto as Exhibit
"A" and made a part hereof, authorizing the recordation thereof
in the public records of Miami -Dade County, Florida, with
recordation and other expenses related to the modification to be
paid by the property owner;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The recordation of the Second Modification to
Declaration of Restrictive Covenants, attached hereto as
Exhibit "A" and made a part hereof, for the property located at
approximately 2951-2999 Southwest 22nd Terrace, Miami, Florida,
Page 2 of 3
�►"
AYE
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is hereby approved subject to any recordation or other expenses
related to the modification to be paid by the property owner.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 23rd day of March 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it
becomes effective with the el
regarding same, without the
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED -LA TO FORM
TTORNEY ,f,r®
44:YMT:eij
CORRECTNESSt
ii If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effectively
immediately upon override of the veto by the City Commission.
Page 3 of 3,.
•
This Instrument prepared by
and when recorded return to:
A. Vicky Garcle-Totedo, Esq.
8114n Sumberg Dunn Price & Axelrod LLP
2600 First Union Financial Center
200 South Biscayne Boulevard
Miami. Florlda_W31-2336
•
•� s •• • !�
The undersigned, as Owner of the following described real property (the "Property"),
lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally
described as:
Lots 26 through 29, Block 2, Miami Suburban Acres Limited, Plot pock. d,
Page 73 of the Public Records of Miami -Dade County.
Street Address: 2951-2999 S.W. 22 Terrace.
IN ORDER TO ASSUME the City of WOW that the representations made to them
by the Owner will be abided by the Owner, Its successors or assigns freely, voluntarily and
without duress makes the following Declaration of Restrictions (Declaration) covering and
running with the Property:
(1) This Declaration of Restrictions amends the March 2, 198$
Declaration of Restrictions signed but not recorded In the public
Records and the August 28, 1988 Declaration of Restrictions as
specifloally set forth herein below.
(2) That this Declaration shall become final and shall be recorded in the
Public Records of Mlami-Dade County, Florida and is conditioned
upon the approval by the City of Miami Commission, as requested In
the 2000 Public Hearing Application on the above referenced Property
for modification and amendment of a Certain Declaration of
Restrictive Covenants dated March 2, 1988 and Modification of
GMMS174039%1273710279604, 01
2/912000
EXHIBIT A
00— 287
Z00 'd F691 6!£ SO£��3L ro*lxxrIb �l3 9�38Wi1S'�IZ�18 S£�� i IQ3N)00,S1- . Nf;'i,
Declaration of Restriatlons
Page 2
Declaration of Restrictive Covenants dated August 26, 1988; in favor
of the -City of Miami and expiration of all applicable appeal periods.
(3) That the following sections of the previous 1988 Declaration are
amended as follows:
Paragraph A is to be deleted in its entirety.
Paragraph B Is to be deleted in its entirety.
Paragraph C to remain as Is in the original 1988 Covenant.
Paragraph D is amended to read as follows:
"D. That the Property shall be developed in
substantial complianoe with the plans prepared
by Bermello Ajamll & Partners named Coral
View Apartments dated March '15, 2000, and
made a part of this Declaration by reference with
the condition thatthe Manning Director approves
any minor deviations to the concept plan, In the
event that the final plans do not require a Major
Use Special Permit."
Paragraph E to be deleted in Its entirety.
Paragraph F is amended to reed as follows:
T. Owner agrees to contribute the sum -.of
$5, 000 to the Park improvement Trust Fund prior
to issuance of the Certificate of Occupancy for
any building to be constructed on the Property."
Paragraph G to be deleted In its entirety.
(4) Coy_0 nx Run gIng 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 his heirs, successors and assigns until such time as the same is
G:10M81740391121VWV9W4.01
2/912000
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£Oil 'd £6S' bt£ 302 :1131 t t k � ( r � I'i� �3 UnS ':� I Z'l l � r�
£t in3:N100.31-
Declaration of Restrictions
Page 3
modified or released. These restrictions shall be for the benefit of,
and limitation upon, all present and future owners of the real property
and for the public welfare.
(5) Iwlodifie Ho , Amertdnign alMe, This Declaratlon 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 of the Property provided that the same is also,
approved by the City of Miami, Florida, after public hearing.
(ej Enforce ent Enforcement shall be by action against any parties or
person violating, or attempting to violate, any covenants. The
prevailing party in any action or suk pertaining to or arising out of this;
Declaration, shall be entitled to recover, In addition to costs and
disbursements allowed by law, such sum as the Court may adjudge`
to be reasonable for the services of his attorney. This enforcement. .
provision shall be in addition to any other remedies available at law or,:..�....
In equity or both,
(7) €q;tlonQf emadtias. All rights, remedies and privileges granted
herein shall be deemed to be cumulative and the exercise of any on_.e
or more shall neither be deemed to constitute an election of rernedles
nor shall it preclude the party exercising the same from exercising
such other additional rights, remedies or privileges.
(B)
SeverobIlIty. 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.
(g) Recording. This Declaration shall be filed of record in the public
records of Miami -Dade County, Florida at the cost of the Owner
following the acceptance by the City of Miami.
OVIVISNUMON1 2737=79604.0 i
219/2000
-3-
too 'd (tttlli3')y386�.1S'�I?�f3
CO_ 287
91.'0.1 I QH) 00 .S l - '�V!
Declaration of ReatrIctlons
Page 4
Signed, witnessed, executed and acknowledged this day of ,
2000.
OWNER;
CHALLENGER INVESTMENTS,'INC., a Florida
corporation
By; —
Arnanclo Suarez, Managing Director
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI -DADS )
The foregoing Instrument was acknowledged before me this day :of
2000 by Amancio Suarez, Managing Director of Challenger Invest rr Brits,
Inc., a Florida corporation, who Is personally known to me or produced a valid drivers
license as Identification,
My Commission Expires:
G IDMS17403V 273710279604.01
202000
Notary public – - -- --
Sign Name:
Print Name.,
-4-
00- X87
3'9839XIS INIZIIg 9E: 21 (Q3,A)00 ,SI- -N�+
�:l:.f:??s ::.38 .�:8aca8 ^^•.� �p� as
VUL'"
tECT_%M n o" at i[E9T�Z CTZ4T .
This Declaration of Restrictive Covenants by Challenger
Investments, tnc., a Florida ccrpocation, and Sorge Rodriguez
('Owners•), in favor of the .City at Miami, Florida; a
municipality of the State of Florida.
A Z T■ S S"S N T
77fERl:J13; the Owners holdPee-simple title to certain .prop-
erty in the City of Miami, •Florida ("the riTy T, conaisting of
Lots .26 through 29, Block 2, MIAMI SMMMAN ACM LIKITED, as per
the plat thereof recorded in Piet: Book 4, Page 73 in the Public
Records of Dade County, Piorida! (the "property'); and
wBEREAB, the owners are piesahtly applicants before the City
of Miami City Commission lor.a:change a zoning classification in
the official toning. Atlas of the-'City of 'Miami, from RC-1/3(Gen-
eral Residential) to CR-2/7' (Comma cc Residential) for the
above-described property, Isss% the $outh'l�;tact'.thereofi and
WIMPMAS, the owners are desirous of saking:!a:binding commit-
.' � Vit;• .:::::: ..,•, •;,,•; .;. . .
meet to assure that the Property, shall.,tii develop" in accordance
with the provisions of this' Declaka ,oM �;.,:
NOW, THEREFORE, the Owneca•:ivol uiitar i1 covenant and agree .
that the Property shall be "subject ,to'taei,tollowing restrictions
that are intended and shall? tie:aB. ;11 . �'p, Cs .covenants running
with the land binding upon +the�Owners aL`.'tbe Property, and their
successors and assigns as tol2otirss'`
A. 9uildina Aeicht' L'imitat'ion. ':The 'height"of buildings
located within fifty(SO)
feetaf 'the' south .property' Line of the
Property along S.W. 22nd Terrace'shall not` exceid,two (2) stories
at thirty-five(35) feet. ;c
8. Candacepo Hatter ' antrall. B an o a
rior to .the issuance f
building pdrsit 'on the Props rty,'Owners.&hall obtain approval of
Bsirpared by,
Amnion? J: O;DaeiatU. Jr .'Esq.
cstesbasqwincig"Askew,
Eoffman Lipoif,.7been i coastal', P.A.
1401.sitc". 1, Aveasr.'
=iai•,�'tlorlda 33131
• •fit' R� :�':p. - • ,
. i 1MM .. nor\1�'• •, �•• ... fl• ..
B
EXHIBIT a. r�
2 DrA
114
o:9a�ag _
a landscape plan From the City:xiami'which
Plan shall reflect a landscape._batEer with a width o Ztwe�nty(2feet along the entire south property line of-theProper
S.W. 22nd Terrace. :.his buffer will contain landscaping inclined
towards a six tact hi;h masonry wall which OwnerS shall construct
at the northern boundary of the tweWwg�-faot landscaping buffer.
The landscaping of•t::e Proper e7 shall be installed in conffonalty
wit.R said landscape plant and the Owners shall also be respon-
sible for the permanent maintenance of :tbe landscaping on the
Property. Owsfers agree to complate constrt ction of the masonry
lwall within ninety days from .the date o: final zoning approval..
C. vehicular Access Limitation.. No vehicular access' for
ingress or egress _shall be of ri
g permieted �csoas the south property
line of the Property along S.W:';22nd Terrace.
. Bey:.
D. Site plan. Owner igreei to -develop the Property sub-
stantially in accordance wi*.h:`taew site` plan. entitled 'Radio Maabi
Broperey• dated 1/6/88; reviaed;l/25/88�aad,prepared by Chisholm
Santos and Raimundez.
E. Parking, owner agrees. that `;4iking.- novided for. any
development on the Property ahall;be a- minimus of .110♦ of that
required by the City of Miami,I ing Code:.
V. Child Care Contribution.. Owner agrees to contribute
the sus of .55,000.00 to thi-Pitk Improvement Trust Fund for Child
Care Facilities prior to issuance of a'certificate of occupancy
for any building to be constri sued on the property,
G. Commencement of Doi ioament. Owners agree to begin
development an the Property bifv— ecuringa building permit within
ore year from the date of final,zoning approval....In the event
that a permit is not secured ` thin that. time,. the City Commis-
sion may reconsider the grant Of',zoning:.approval..•.
R. Effective Date. If. - the City Commission of the City
approves the ownera' pending application for an amendment to the
City of -ftimi toning Atlas •and . after .'said approval has become
final and rion-appealable, .this instrument shall constitute a
•. t . �' �? Vis,..- "'' '• t( `.-
*wt
covenant running with the title,_to..'th'e��Pzoverty;and be binding
upon the Ovners, their successoia and assigns. 'these restric-
tions shall be for the benefit".and liaitation upon all present
and future owners of the Property and for ,the public welfare.
1. Amendment and Modification. Thi: ii:strument may be
modified, am7nded or released as to .kRp-Poctian of the Property
r
by a written instrument exec:zted by the then o•.mer of the fee-
simple title to the land to be effected by such modification,
amendment or release prbviding that same has been approved by the
city of Miami Cbnmeission. Should this insu=&n.' be so modified,
amended or r:_leased, the Oirector of the Pltnaing Department or
-his"successo:, shall execute a.rritten"instrument in recordable
form etfectuc`.inq and acknowledging such mod;fic-.tion, amendment
or release.
J. Tern of Covenant. This voluntary covenant on the part
of the Owners, shall remain In! full";ford and eff-ct and shall be
binding upon the Owners, their::successors and assigns for an
initial period of thirty (30) yea.rs,from'"a date of this inatru-
ment is recorded in the public! -'records and.. shall be automatically
extended for successive periods!:;of ten':" (10)''years thereafter
unless modified, amended of .'•�elessed::prior to the expiration
thereof.
• rix,;;;
R. Prescmotion of Cc+avli'
occurred on the Propecty cc .,a
. _ •-q
lawful permit issued by the C
and approval of occupancy .91
create a presumption that tbe?
strutted comply vitt the'intei+
Restrictive Covenants and said
•F
as a cloud on title to any. -
'
development has occurred,
L. Inspection and Znf
agreed that any official inspi
the privilege at any time, dtir:
suet. Where c•-snstruction has
portion 'thereof, pursuant to a
`of Miami; and:inspections made
nY
ow, City," the sass* shall
tiding,;=or.stractures thus con-
sd spir2t:;•of. thisDeclaration o!
Mt
rationl�shall• net be construed
said p op rty'=.upon which'. said
:went -.T Lt is' -'"understood and
T: of the. City :of Miami mar have
,nc"rail`• 'worlcinq hours, to deter-
A,
YIL•
00- 187
IN
mine vhether the cond1tions.1 a -�tbis",DeclaratioA are being can -
plied with. An enforcement action
2 e bra44'ht, by the City or
by any property owner within 373 feet of' ,he Property and shall
be by action at law or in..'equity against any party Or Person
violating or attempting to violate any covenants, either to
restrain violations or to recover amn,746. The prevailim party
in the action or suit shall be entitled to recover' costs and
reasonable attc:rteYi fees. .-:,This,. enforcement.•pr*vision shall be
in addition to any. other remedies available under the law.'
M. lev*rabilitv. Invalidation: of -ar.y-4ne of these cove-
nanis by fzAgment of . Ccurif'* ;affac' h,
shall not t any ?t the other
provisions of this Declaratiod, 'which'.stiall 're"An in ful-I LO X'C
and effect- provided, ic"wev , er, ;that such invalidation "may be
grounds for the City to zonincy'and/or land-uset regal&-,'.*,.,
tions applicable to the Propeirty.:-
N. 7.2Mrdinq. This shall be' filed of r*cord
among the public Records at Dade County,!-?lorida,.*&t the cost of
the Owners.
IN WIT 63 MmItEcr, the'' aersi Mad have set- their handa and
seals this irk day at March
V2�p
Witnesses:`1VVZST14ZVTS ZNC- a
��a,3loridaL corpora tion
C1E%XXJM(=
• MOtIrt AN11135 �� (�Q8SR394392
* , . BEG. 13B S8.Jl.Ui1
MODIFICATION Or
DBCI,ARATION OF RESTRICTIVE CoyzwkNTS
This Modification of Declaration of Restrictive Covenants is
made this ZL, day of Fi.: .i 1988, by Challenger Investments,
Inc., a Florida corporation, and Jorge Rodriguez ('Owners"), in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
R I T W E S S E T B:
WHEREAS. the Owners hold Fee -simple title to certain prop-
erty in the 'City of Miami, Florida ("the City"), consisting of
Lots , 26 throutlh 29, Block 2, MIAMI SUBURBAN ACRES LIMITED,, as per
the plat thereof, recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property'); and
a�
WHEREAS, a Declaration of Restrictive Covenants (hereinafter
referred to as .the "Declaration"), in favor of the City of Miami _
was recorded in the Public Records of Dade County in Official
3
Record Book at Pages which placed certain restrictions
i a
and conditions on the use of the Property;
WHEREAS, a public hearing was held before the City,
Commission of the City of Miami on June 23, 1988, at which
I
hearing the modification of Paragraph 'B" of the Declaration was
i
approved by Ordinance No. 88_ ns follows:g
FROM: Landscape Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the owners
shall also be responsible for the permanent
Prepared by:
sbeila F. Wolfson. Esq.
Greenberg. Traurig, Eoffsan
Lipoff, Rosen i Guentel,-P.A.
1221 Brickell Avenue
Miami. Florida 33131
EXHIBIT C —
0.
�f S�UJW�
maintenance of the landscaping on the Prop-
erty. Owners agree to complete construction
of the masonry wall within ninety days from
the date of final zoning approval.
TO: Landscaoe Buffer and Wall. Prior to the
issuance of a building permit on the
Property, Owners shall obtain approval of a
landscape plan from the City .of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property.
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
sh$11 also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G herein.
WHEREAS, Paragraph "I" of the Declaration states in rel
part that the Declaration may be modified, amended or releas
a written instrument executed by the then owner of the fee a
title to the land to be affected by such modification, amen
or release providing that the same has been approved by the
of Miami Commission, and that should this Declaration
modified, amended or released, the Director of the Pla
Department or his successor shall execute a written instrume
recordable form effectuating and acknowledging such modifica
amendment or release.
NOW, THEREFORE, Paragraph 'B" of the Declaration is t
modified and such modification shall be deemed to be a coo
running with the land and binding upon the owners,
successors, heirs and assigns as follows:
Paragraph "B" of the Declaration shall hereby read:
Landscaoe Buffer and Wall. Prior to the
issuance of a *nu iIding permit on the
Property. Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. :2nd
Terrace. This buffer will contain land-
- ' -
RGIR: 138799IG
scaping Inclined towards a six foot high
masonry wall which owners shall construct at
the northern boundary of the twenty fact
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping an the Prop-
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G herein.
Except as herein amended, all provisions of the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOr, the undersigned have set their hands and
seals this azday of At-wi:sf , 1989.
Witnesses: CHALLENGER INVESTMENTS; INC., a
Florida corporation
b
Qf BY:
(SEAL)
STATE OF FLORIDA
SS'.
COUNTY Or DADE
Before me, the undersigned authority, personally appeared
A�LANrTo the rjrx-oRof Challenger Investments,
Inc., who acknowledged on this 26 day of August —, 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
NOTARY PUBLIC
State of Florida At Large
My Commission Expires%
RM" p6w. R* of FAVjh
Mr CM:t:t"2 j2"j" hL
V. Ift
- 3 -
ere: 13875M301 1
Sun or FLORIDA
) SSS
COUNTY OF DADE
Before me, the undersigned authority, personally appeared
JORGE RODRIG13EZ and acknowledged on this 26 day of August
1968, that he executed the foregoing instrument for the purposes
expressed thejein.
r
P. Tn::
NOTARY PUBLIC
State of Florida Ai Large
My commission Expires-
- 4 -
C'4N
CITY OF MIAMI, FLORIDA ® PZ 2
INTER -OFFICE MEMORANDUM
TO
Honorable Mayor and Members
of the City Commission
FROM:
D ld H. Warshaw
City Manager
RECOMMENDATION
DATE: March 15, 2000
SUBJECT:
REFERENCES:
ENCLOSURES:
Release of Covenant for
2951-2999 SW 22nd Terrace
FILE:
The Planning and Zoning Department has no objections to the attached request to release
a Covenant running with the land for the property located at 2951-2999 SW 22nd Terrace
with the condition that the Planning Director to approve any minor deviations to the
concept plan, in the event that the final plans do not require a Major Use Special Permit.
BACKGROUND
The property located at approximately 2951-2999 SW 22nd Terrace has a covenant against
it that requires a series of development limitations. The property was never developed in
the manner set forth in the covenant. The attached request is to release the covenant
approved and modified in 1988 in order to replace it with a covenant that will allow the
property to be redeveloped according to a specific concept plan, which will be attached to
the new covenant.
The Planning and Zoning Department has no objections to the requested release due to
the fact that the new covenant has a concept plan attached which guarantees low-rise
residential frontage along SW 22nd Terrace; the Department however, would like to add
an additional condition to the language of the covenant which requires the Planning
Director to approve any minor deviations to the concept plan, only in the event that the
final plans do not require a Major Use Special Permit.
DHW/i*/ Y
BILZIN'SUMBERG DUNN PRICE & AX OD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131-2336
TELEPHONE: (305) 374-75a0 • FAX: (305) 374-7593
E-MAIL: I NFOOBILZI N.COM
ONE EAST BROWARD BOULEVARD . SUITE 700
A. Vicky Garcia -Toledo, ESQ. FORT LAUDERDALE, FLORIDA 33301
Direct Dial. (305) 350-2409 TELEPHONE: (954) 356-0030
E -Mail: vleiva(ftilzin.com
February 16, 2000
Teresita Fernandez, Director
Hearing Board Section
City of Miami
444 Southwest 2nd Avenue, 7th Floor
Miami, Florida 33128
Re: Modification to an Existing Covenant
Dear Ms. Fernandez:
The purpose of this letter is to request that you schedule the matter for property
located at 2951-2999 S.W. 22nd Terrace, which is the subject matter of an exiting
Covenant between the property owner and the City of Miami.
This request to appear before the Commission in order to modify the exiting
Covenant to allow the construction of a mixed use project with a residential tower
fronting Coral Way and a row of townhomes fronting on 221 Street.
In support of this request, enclosed you will find a list of property owners within a
375 foot radius for notice purposes and a recorded copy of the modification of
declaration of restrictive covenants (8-26-88) and a copy of the original Declaration of
Restrictive Covenant (3-2-88) (Please note the original covenant is not recorded in the
public records) and a check in the amount of $2,213.50. Also enclosed is a draft of the
proposed "Modification #2 to the Declaration of Restrictive Covenat and its
Modification."
VGT/em
277822.01
Should you require any additional information, please do not hesitate to call.
Toledo
BILZUNOMBERG DUNN PRICE & AJOROD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131-2336
TELEPHONE: (305) 374-7580 FAX: (305) 374-7593
E-MAIL: INFOOBILZIN.COM
ONE EAST BROWARD BOULEVARD • SUITE 700
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE: (954) 356-0030
A. Vicky Garcia -Toledo, Esq.
Direct Dial: (305) 350-2409
E -Mail. vleiva(&bilzin.com
January 28, 2000
Teresita Fernandez, Director
Hearing Board Section
City of Miami
444 Southwest 2nd Avenue, 7th Floor
Miami, Florida 33128
Re: Modification to an Existing Covenant/ February 17" City
Commission
Dear Ms. Fernandez:
The purpose of this letter is to request that you schedule the matter for property
located at 2951-2999 S.W. 22nd Terrace, which is the subject matter of an exiting
Covenant between the property owner and the City of Miami.
This request to appear before the Commission in order to modify the exiting
Covenant to allow the construction of a mixed use project with a residential tower and a
row of townhomes fronting on 22nd Street.
In support of this request, we will forward to your office a site plan of the
proposed project as well as a list of property owners within a 375 foot radius for notice
purposes and copies of the exiting covenant. Should you require any additional
information, please do not hesitate to call.
VGT/em
277822.01
SinceA.FGarci
/-Tol
M 11
SOMH°" -� �FJ.AIt
JAN 3 1 2000
_ gm 66004lt:35 88R3S439Z
magaunco CV la�crm�
This Modification of Declaration of Restrictive Covenants is
made this _t.rday of .._i 1988, by Challenger Investments,
Inc., a Florida corporation, and Jorge Rodriguez ("Owners"), in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
W I T N E S S E T 8:
WHEREAS, the Owners hold Fee -simple title to certain prop-
erty in the City of Miami, Florida ("the City"), consisting of
Lots 26 through 29, 2lock 2, MIAMI SMURSAH ACRES LIMITED. as per
the plat thereof recorded in Plat Hook 4, Page '3 in the Public
Records of Dade County, Florida (the "Propertv'); and
WHEREAS, a Declaration of Restrictive Covenants (hereinafter
referred to as the "Declaration"), in favor of the City of Miami
was recorded in the Public Records of Dade County in Official
Record Soak at Pages which placed certain restrictions
and conditions on the use of the Property;
WsMtEAS, a public hearing was held before the City
Commission of the City of Miami on June 23, 1988, at which
hearing the modification 'of Paragraph "8" of the Declaration was
approved by Ordinance No. 88 as follows:
FROM: Landseaoe Suffer and Wall. Prion. to the
issuance of a building permit on the
Property, Ow•aees shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property -*101
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping, inclined towards a s:z foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the owners
shall also be responsible for the permanent
Prepared by:
Sbeila F. Volfson, Esq.
Greenberg, Traaurig, Noffaan
Lipoff• Rosen s CMatei, P.A.
1221 Drici:eil &venae
ttiani, Florida 33131
1A
00- 287
1387593009
maintenance Of 'the landscaping an the Prop-
erty. Owners agree to complete 'construction,
of the masonry wall within ninety days from
the date of final zoning approval.
,
TO:Landscape Buffer. and, Wall." Prior to the
issuance 'of a building permit on the
Property, Owners shall obtain, approval of a
landscape. plan from the City of Miami
Planning Department which plan -shall reflect
_ -
a landscape buffer with a width of twenty
(20) feet along the entire south ,property
line of the Property along S.W. 22nd
..
Terrace. 'This buffer will contain land-
scaping inclined, towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the.
Property shall be installed in conformity
with said landscape plan; ,and the Owners
-
shall also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall, will be constructed at the
time of development of the Property -in
accordance with Paragraph G herein.
z:
WHEREAS,• Paragraph "2" of the Declaration states in relevant
-
part that the Declaration maybe modified, amended or released by
a
a written instrument executed by the then owner of the fee;�'simple
1'
title to the land to be affected by such modification, amendment
or release providing that the same has been approved by the City
$ ;
of Miami Commission, and that should this Declaration be so...
/~
mod -fled. amended or released, 'the Director of. the Planning
Department or his successor shall execute' alwritten instrument -in
recordable form effectuating and acknowledging such modification. ".
amendment or release.
NOW, THEREFORE, Paragraph "B" of, the Declaration is hereby
R -`
modified and such modification shall be deemed to be,a covenant
ng pon -their
.runningwith the land and binding u the owners.
:,..
successors, heirs and assigns As follows:
Paragrap4, "S" of the Declaration shall hereby readi
Landscape Buffer and 'wall. Prior to the
-
issuance of a, _bus -dine permit on the
Propertys, OWfttrs" shall obtain approval of a
landscape plan from the City of Miami.
Planning Department which plan shall.reflect ,
a landscape buffer w..` a width of twenty
_,•;,(20) feet along the entire south, property
line of the Property along S.W. 22nd
Terrace. This buffer will 'contain land -
2'
1710
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape plan; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall will be constructed at the
time of development of the Property in
accordance with Paragraph G hereia.
Except as herein amended, all provisions of the Declaration
shall remain in full force and effect.
IH WITNESS WHEREOF, the undersigned have set their hands and
seals this� day of At:.�•:'i , 1998.
Witnesses:
STATE OF FLORIDA }
SS:
COUNTY OF DADE )
CHALLENGER INVESTMENTS; INC., a
Florida corporation
(SEAL)
Before me, the undersigned authority, personally appeared
amrTn , the L1?bV •I di' rT1=MR of Challenger Investments,
Inc., who acknowledged on this 36 day of August , 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
NOTARY PUBLIC
State of Florida At Large 444L4
Aly Commission Expires:
NAVY Ve. Sf* of tier
t�
3 -
MW
W,
13BM301
-7
STATE OF FLORIDA
SS:
COUNW OF DADS
Before me, the undersigned authority, personally appeared
JORGE RODRIGUEZ and acknowledged an this 26 day of August
1980, that he executed the foregoing instrument for the purposes
expressed therein.
P. 304
VOTARY PUBLIC
State*of Florida At Large
11'..* - My Commission Expires:
It I I
M
Pt
—'4
;I1/ii/i5?a 211:38 :e28a559 =SMQ PcG'e a9
:�.:.
This Declaration of Restrictive Covenants by Challenger
Investments, Tnc., a Florida corporation, and Jorge Rodriguez
("Owners•), in 'favor of the .City of Miami;' Florida, a
municipality of the State of Florida.
R I T 11'19 8..8 B T Bz; +
WAERFxS,' theowners hold':�Fee-simple title to certain ,prop-
: ��.. •;•...
.arty in the City of Miami, •Florida the, ETY s, ,con's ist.ing,,,of
Lots Z6 through 29, Block 2, MIAMI StMURBAN ACRLS L1141TED, as per
the plat thereof reicorded .in 'Plat' Book 4, page 73 in the Public
Records of Dade County, Florida:(the "Property'); and
WiREFY-AS, the Owners are presently applicants before the 'City
of Miami City Commission tor,a:ehange of zoning classificatkon in
the official Zoning. Atlas of tae City of'kiamf, from RG-1/3�(Gen-
eral Residential) to C11-2/7-?;(Comaercial: Residential)- for the
above-described'property, lesa:*_the south"1.foot':.thereoft and
WM?ZAS, the Owners are desirous at'makitiq.!n.binding commit—
i.`
meat to assure that the Property stall:$Q developed in accordance
� 4t y;
with the provisions of this Decaratiori;�`�f
NOW, T88FkFORE, the Owaser�i,oluatar ly covenant and agree
that the Property shall be"subject,to'theifollowing restrictions
that are intended and shall:? tie73ewmed"tq be covenants running
with the land bindingw.
upon. the-,Onners of:"'the Property, and their
successors and assigns as toliovs:': ,
A. Building Reiaht' L���mfff talon. :'i'2:e 'height of buildings
located 'within fifty (5o) feet�of"the'south.p=operey'Iine of the
Property along S.W. 22nd Terrace shall not`exce4d'twa (2) stories
or tbirty-fivo (35) feet.
a. Landseape Buffer' as . •9fall. Prior to .the issuance -of •a
building permit 'ori the Property,'Ownera.shall obtain approval of
Priq+ired bt::
]1a4bboZ Damell. Jr Esq.
Gzeea6atq.,r�.SYanri9.. ��, • . '
sorban. Lipoft��aa s Q+noakal:P.]►_
1401., s c%kall )l..aeei '
=4asd..-�111'=idi 33231
An— 287
a IV
tV IU
38
a landscape plan from the CitY:70C Department .'which
Plan shall reflect a !andscap6-'-:.bnffer with a width 0(Itweniiy (201�%
ntT "a"
property line of -the' -!set along the entire south Property (201
Pe'
S.W. 22nd Terrace. This buffer will contain landscaping inclined
towards a six fact high masonry wall which Owners shall. construct
at the northern boundary of the tweg..;;V_-mfaot landscaping buffer.
The landscaping of. the PrOP*C'y shall be installed in Conformity
with said landscape plan; and the owners shalt also be respon-
sible for the permanent maintenance of
f . the 11 "I"iindscaping on. the
Property. OwKers agree to complete cons t,7zuc_tion of the masonry
wall within ninety days frow:the date c4 final zoning approval.
7
C. Vehicular Access- Limitation.. No vehicular accaas for
ingress or egress ..shall be permitted -cross the south pi6perty
line of the Property Terrice.
D. Site Plan. Owner agrees to.deve
lap the Property sub-
stantially in accordance with Ihe-�sitli* plan, entitled 'Radio Kambi
-1/6/88, rev
Property' dated is L/25/881. and. prepared by Chisholm
Santo* and Uim=dez.
rovided forany
R. P-arking. Owner. agrees, that; par
development on the Property .shall a-: minim= of -1101 of that
required by the City of Miami : zoliIng, Code:
F. Child Care Contribtition owner agrees to contribute
rztmoviment :zest Fund for Child
the sun of.SS,000.00 to the -P.
Care Pacilities prior to issuance Of a 'Certificate Of occupancy
for any building to be =nztruqt*d'an the !Property.
a. Commencement of velovmeftt.owners agree to begin
development on the Property. bif,- ;ecujrinq a 13uildihg permit within
year tram the date of fjAai*.2oaizg appcovil..., In the event
that a permit is not secured Vi ti in that. time,., the City Com:mLs-
sion may reconsider the grant of..zoning: approval.,-.
N. Effedtive Date,. lt,-, the citf Commission of the City
approves the 0%ineisl pending 'aypl . i cation for an amendment to the
City of= Riami zoning •.'Said aPPrcval has, b4sco"
final and riot -appealable, this instrument shall constitute a
A aar�E : L
aIjIll,boa ?1:38 _,0455-3
covenant sunning wit'.z the "tith to . tiieproaerty 'and be binding"
upon the Ovn,ers, their succesaors', and as,signs.• These restric-
tions shall be for the benefit. and limitation upon all present
and future ;cuners 'of the Property, and for the public welfare.
I. Amendment and *adificatioa. Thi= instrument may be
modified, ata-.nded or released as to- ;prey Portion of _the Property
r
by a written instrument executed by the then owner, of the fee-
simple title to the land to be effected by such modification,
amendment or, _elease oroviding'tbat same has been approved by the
City of Miami Commission. Should this be so modified,
amended ar r leased, the Director_ of the . Planaing Department or
his successor, shall, execute a•.w,ritten instrument in recordable
form effectaz`ing and acknowledging such mod:fic-tion, amendment
at release.
J. Tent of Covenant. This, voluntary covenant on the part
of the owners. shall remain in'.fuii ;force and effnct and shall be
binding upon the Owners, their:`.successors and assigns .for an
initial perfoc' of thirty (30) years, frM.: the date of this inatru-
meat is recorded in the public:'records and.. shall be automatically
extended for , successive perfods!:;'ot ten i (:LO}''- years thereafter
unless modified, amended or•s�eleased: grior to,,the expiration
thereof.
R. Presumption of ee. ...':Where construction has
occurred on the Property of ,pay c portion"'thereof, pursuant to a
acs:,
lawful perreit issued by the City*. of Miami, and' inspections made
and approval of occupancy.. g3'vea s by the -jCity,' : the~. sasme shall.
create _a presumption thht th4buiidiiLgs;ez. structures thus can
strutted comply with the intenCKa d spirlt;of. this' Declaration of
Restrictive Covenants and said:`Deciarationkshall%not be construed
as a eload or, title
. to any^.�?o�.. .saidad
_.... aux:,.. .. s,:...
which
development has occurred. '�' '`
1 ✓`
L. Inspection and Eistezeement.,` Th is • understood and
agreed that any official inspector: of ''the CiEy of 1Kiami may have
MK • • . . ) •.
the privilege at any' time • dds in ao'rsa4V.'working hours, to deter-
. .
�
—Zoo o
PAGE 12
7!:38
mine whether the are being cam -
plied with. an enforcementaction maybe' brougfit; by the City or
by any property owner withiii 37t feet: 8f' the Property and shall
be by action at law 'or in'::- equity against any party or Person
violating or attempting to violate any. covenants, either to
restrain violations or to recover dam-gis The prevailirA party
in the action or suit shall be entitled to recover' costs and
reasonable attorneys fees. enforcement -provision shall be
in additic^ to any. other remedies available
lable under the law.'
K. iev,_%rabilit2. -Invalidation: of -any --one of the" cove-
nants by -*udg=ent of ccurJa-hall not, affect any of the other
provisions of this Declaration, 'which'.9ball in full' lorce
and effect:- provided, h16'wever, that.- . such invalidation 'may be
grounds for the City to amend the zoning"and/or land -use regula-
tions applicable to the Prap4rty..-'4
M. 7.3cor4 ing. This Declazatio6-. Shall be filed of record
among the public Records of Dad* county,!-Florida,.'at the cost of
the Owners.
ZR wrrnss Mmmar, the :=der signed have set their hands and
seals this Ind day of March
jr
Witnesses: THENTS, Mc. , a
i';Florida }corporation
4•
rik..
7;
Zoo
PAGE 13
01/11/1994.; 21:38 3056204559
or—
STATE OF FLORID:.
) gS:: �. i,i•�-moi .. ^.r
COMnT OF DADS Z
�T� •
Beforease the undersigned.'.autliority, personally appeared
A!'ANCIO V. SUAR•"'.. , the President of Challenge= Investments,
Inc. who acknc I wledged on "ttiis . '2nd day of March 1988,'
that he had the authority to execute foregoing instrument for
the purposes exp`-essed therein -:L
NOTARY. PUBLIC
;Fz State-a-`--T�lor'da At Large
My Commission Expires:
NOTAWr PVBLW— STATL Of }q;pRRlAa
tK LOM#hEIOM ZXVIRQ SLlY. 21. l4Lt. - -c,' `::. ' ''. ' ....:•.
�OnW TYYY ItiTM� Nt•VC YaOifNOIf[ftL ' .S :•::.f "- : -� •••
JOR vIIEZ
STATE OF FLORIDA )
SS Y
COUNTY CF MADS )
Before me, the undersigned..authority,,personally appeared
JORGE RODRIGa'E2 and acknowledgad;:on. this 2nd' day `r✓f March ."
1988, that he, executed the £aregoing instrument: for the purposes
expressed therein. ;a .
NOTARY:POBLIC
State' of Plotida At Large.
My Commeission Z=ires
*OTANY VU -[4r_ S7a7[ OR IrLOMMA.
MT COMMISStO
w�eTM q'TRLSf SEPT. 27. 1/S7ti1
rre..ete r~w ��t• tY�aaQ yea .
... .•='
`i•• t
M.
- •f cwt :V• �'�•'. •• ..
PAGE, '. 14
01/11/1994' 21:38
. . . . . . . . . . . . .
C,
5w,
J -88-3S7
6 2/8.8
4
RESOLUTION NO. 11
A RESOLUTION APPROVINGDIFICATION OF -THE
DECLARATION OF RESTRICTIVE COVENANTS RUNNING
WITS THE LAND (HEREINAFTER: *COVENANT-) DATED
MARCH 2,- 1908 FOR TEE-- PROPS : OWNED BY
CHALLENGER INVESTMENTS;
' . 'INC., 'AND JORGE
RODRIGUEZ AND LOCATED AT"APPROXIMATSLY 2951-
2999 ! SOUTHWEST 2 2ND;`... - - TERRACE, (MORE
PARTICULARLY -'DESCRIBED -.HEREIN) TO DELETE, TEE
MUZREMENT (THAT THE A . B0VZ-DeSCRIBkD MASONRY
WALL BE COMPLETED WITHIN",NINETY (90) DAYS OF
THE DATV,OF FINAL ZONING -APPROVAL IN ORDER TO
1,6WN-ERS To -POSTPONE
ALLOW TiiE PROPERTY
CONSTRUCTION OF THE .,;WALL- ON THE SOOTS
PROPERTY LINE - or TEE'. PROPERTY UNTIL
COMMENCEMENT OF CONSTRUCTION OF A NEW OFFICE
BUILDING, SUBJECT TO RECEIPT BY CITY OF AN
EXECUTED RECORDABLE •. MODtkICATION -OF COVENANT
IN A FORM ACCEPTABLE TO11T8ECTTY ATTORNEY.
a:: k,.
iy
WHEREAS, on January 28, 1988 e City.: Commission- adopted
Ordinance No. 10374 which' granted- a :change of. zoning
classification for the prope'tylsfocA`4d ai -approximately. 2951--
2999 Southwest 22nd Terrace,, Miami. :Florida, more particularly
described as Lots 26-2-9 inclu r, -.le th 9 south one foot
thereof. Block 2, MIAMI SUBURi 3
AN"I CRES'AMENDED, as recorded in
k
Plat Book 4 at Page 73, Public'. Relorder ol..Dade. County, Florida.
from RG -1/3 General Res iden -i:a'-% P. ne .,and *Two; Fami ly). to CR -2/7
Commercial Redid�enttai (-Cou=uicA
WHEREAS, an January. 28, 1988 ommci7ii8n"- accepted a
7
Declaration of Restrictive Covena� tsi a ter e'"Covenant*)
n
dated march 2. 1988,
: 1".a'tta'ch4d-, hereto as
a copy f 4ft
Exhibit 1,pur3uant to Which e bal e e Investments,
Inc. and Jorge Rodriguez, covenaiitect, in'sec *thereof , to
Provide a six foot high masonry wall along the northern boundary
of a 20 foot wide landscaping buffer to be' installed along the
entire south property line of ttje.:properi'.'Y. al6n'g*_9_6uthwest 22
Terrace. The Owners further covenanted t0-60mpletii.construction
of the masonry wall within ninet,' days from -the date of
ij.
final zoning approval, in acro="d�ance with a; andscape"plan to -84 -
approved by City of Miami Planning'!Department::'; and '
WHEREAS , ' the Covenant further'provides V t!iat.'it may be
Modified, amended or released :`-;by',a written .instrument after,
approval at a public hearing be€ore'the City:Commi'ssion; and '
WHEREAS thene ^
property• owne
• r;r.have . requested .that fthe ,.
Covenant be amended ':to delete the:.requirement t-h'at,the above-
described masonry wall be cosaplAed-�within.:ninety:" (90) :days .of
the date of final„zoning approval °in 7order to allow, the property
owners to postpone construction: of the. wall on the south property
line of the property -until• commencement. of'• construction of a new
office building; and
WHEREAS, the City Commission has, determined that it is: in
the best interests of the general welfare. of the City -of Miami
and its inhabitants to allow theabbve-described amendment;
.
NOW, TREREPORE, BE IT"RESOLVED'BY THE COMMISSION OF THE CITY,
OF MIAMI•.., PLORIDA; =F'
Section 1. A modification o,f .Paragraph "B' of the
Declaration -of Restrictive Covenants.daied March 2. 1988.to read
as follows:
Landscape Buffer an t0ahl:;r._ Prior to the issuance
of a building permit on -,:the- Property; Owners shall'
obtain.appxoval. of. a landscape?plan '•from the City of
Miami Planning 'Department `JhiCti; pi an 'shall -reflect a
landscape buffer with a width:ot,twenty (20) feet along
the entire south property. -1'ine'''of the .Property. along
Southwest 22nd Terrace. rZThis butfer- will contain
landscaping inclined .towarda a-"si: foot: high masonry
wall which Owners shall�`constzuct at the .'northern
boundary of the 'twenty foot;=landscaping' buffer_ The
landscaping of the propert.. shall be installed in
conformity with said •. landscape:: plan; and the Owners
shall also be responsible for,thi',perminent maintenance
of the landscaping on .the• Property. This wall • will be
constructed atthe time of•development of the Property
In accordance with•Paragraph;G_herein.'
subject to receipt by City of art- executed 'recordable instrument
in a form acceptable to,the City Corney isrhereby approved_
' •i#:�ir yam,
'e.h � • �'
PAGE 15
cosmo
9i'/11/199a, 21:38 3956294559
-
low
.14
-47
y;.4 �,
♦'�- y:•�t....y.', ',.j..t 1.
final zoning approval, in acro="d�ance with a; andscape"plan to -84 -
approved by City of Miami Planning'!Department::'; and '
WHEREAS , ' the Covenant further'provides V t!iat.'it may be
Modified, amended or released :`-;by',a written .instrument after,
approval at a public hearing be€ore'the City:Commi'ssion; and '
WHEREAS thene ^
property• owne
• r;r.have . requested .that fthe ,.
Covenant be amended ':to delete the:.requirement t-h'at,the above-
described masonry wall be cosaplAed-�within.:ninety:" (90) :days .of
the date of final„zoning approval °in 7order to allow, the property
owners to postpone construction: of the. wall on the south property
line of the property -until• commencement. of'• construction of a new
office building; and
WHEREAS, the City Commission has, determined that it is: in
the best interests of the general welfare. of the City -of Miami
and its inhabitants to allow theabbve-described amendment;
.
NOW, TREREPORE, BE IT"RESOLVED'BY THE COMMISSION OF THE CITY,
OF MIAMI•.., PLORIDA; =F'
Section 1. A modification o,f .Paragraph "B' of the
Declaration -of Restrictive Covenants.daied March 2. 1988.to read
as follows:
Landscape Buffer an t0ahl:;r._ Prior to the issuance
of a building permit on -,:the- Property; Owners shall'
obtain.appxoval. of. a landscape?plan '•from the City of
Miami Planning 'Department `JhiCti; pi an 'shall -reflect a
landscape buffer with a width:ot,twenty (20) feet along
the entire south property. -1'ine'''of the .Property. along
Southwest 22nd Terrace. rZThis butfer- will contain
landscaping inclined .towarda a-"si: foot: high masonry
wall which Owners shall�`constzuct at the .'northern
boundary of the 'twenty foot;=landscaping' buffer_ The
landscaping of the propert.. shall be installed in
conformity with said •. landscape:: plan; and the Owners
shall also be responsible for,thi',perminent maintenance
of the landscaping on .the• Property. This wall • will be
constructed atthe time of•development of the Property
In accordance with•Paragraph;G_herein.'
subject to receipt by City of art- executed 'recordable instrument
in a form acceptable to,the City Corney isrhereby approved_
' •i#:�ir yam,
'e.h � • �'
01/11/1994.- 21:38 3856284559 cosmo P4GE
19
3s;
PASSED AND,:.• _ �; ; ' �.;.,
ADOPTED chisof� s
1988,
ATTEST:
XAVZER L. SIIARE2, MAYOR
MATTY 3iIPAI r.mac.
City Cleric
PREPARED:.;
AND APPROVED 13Y: :���• �' ;• .
MT
Assistant City Attorney
APPROVED
AS TO PO E (•; I
RM AND CORRECTDIESS :� F�,: ' .• .
4JC0r- z.RNAND 2torne
y _ :..
' :{. ,.TH ,Y, if ai• ".
GMH/rcl/M68b ;} 5 YY ..
- .:�' IZ:..,.. ;,.:dam `r-,':�:.w��=;'"`^'- •.i' ':';:
' ;:?Psi. t Ks �"fFa'`T.':•Y�.:�..o:�:'.- ..
It
• -'; � i , `Y:'' •' 1.-M*1YS; ,.y,. is �. ..
s i4',
je
TK
. "�i: r 'iii+lt'1•� .:'�:'� t_.•.�_
. 'li!:I. � .��@ '',. v:e 'Yi"•;'�`C�'c�•'•:.:j•rl..•.`r .;;rf ..r ,±r ..
• :-f'- :^.�i: r• �.`,,•' ::
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V 0— 218 7