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HomeMy WebLinkAboutR-00-0500J-00-466 5/15/00 0- 500 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, APPROVING THE RELEASE OF A COVENANT RUNNING WITH THE LAND, DATED JUNE 16, 1977, RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, NO. 9713, PAGE 722, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1756 ESPANOLA DRIVE, MIAMI, FLORIDA. WHEREAS, the property located at approximately 1756 Espanola Drive, Miami, Florida, is subject to a covenant running with the land (the "Covenant"), dated June 16, 1977, recorded in the Official Records of Miami -Dade County, Florida, No. 9713, Page 722 (attached as Exhibit "A"), by which Covenant the owner of the property described therein, acknowledged and agreed that the property would remain a single-family unit and not to be used as rental dwelling or unit; and WHEREAS, the property owner has requested and the Planning and Zoning Department has reviewed and is in agreement with the release of the Covenant since both lots comprising the property have in fact been developed as single-family units (one unit per lot); and WHEREAS, the City Commission after careful consideration of this matter finds that it is in the best interest of the general CITY COMMISSION MEETING OF JUN - B 2000 Resolution No. welfare of the City of Miami and its inhabitants to release the Covenant for said property; 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 release of the Covenant Running With the Land, dated June 16, 1977, recorded in the Official Records of Miami -Dade County, Florida, No. 9713, Page 722, attached and incorporated as Exhibit "A", is hereby approved and the proper City officials are hereby authorized to execute a release in connection therewith for the property located at approximately 1756 Espanola Drive, Miami, Florida. GrU 010 Page 2 of 3 C • Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 8th Iday of June , 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 in the designated place provided, said lagiQ--11a toy •o°,r becomes effective with the elapse of ten (10) datoma to of Q ,Isslci „n regarding same, without the Mayor exer sin , ATTEST: W t ►voan, City Clerk WALTER J. FOEMAN CITY CLERK 28:YMT:ss �i 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 effective immediately upon override of the veto by the City Commission. Page 3 of 3 :to mm %I law M=ml icm w so= Nb 'eve=*'a �tviAtoN . Aum %Do" as Ifty as a no" � 'Wilt mb.04MMUM to . A to "to 4%,pw,*Li" oil Z /u!.!® vmwwo*" *seais "M dw WLU a Me s[dgwauMA 1;, Slow, r PIA24 mmwlmkabs��� a m cw am Psm- "-A I *A► befor WOOD O. 1"Itrup"t. wit I MA exp=— Ow p 981A ]Lof%#% --9&.—day ot.. xv Rpm TuM, auu • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 0 PZ -1 The Honorable Mayor and June 1, 2000 TO: Members of the City Commission DATE: FILE: Recommendation 1756 Espanola Drive sua,ECT : Lots 16 and 17, Block 3 - Covenant Running with the Land REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve the release of covenant for the property located at 1756 Espanola Drive. Background Review of the covenant running with the land for the above referenced property indicates that the covenant was required to ascertain that the existing single family dwelling remains as a one dwelling unit not to be divided or rented as two dwelling units since only one dwelling unit existed on two lots. A second dwelling unit was constructed on lot 17 under building permit 955016107, which was finalized on July 16, 1998. Therefore, the aforementioned covenant is no longer necessary or required for both lots 16 and 17. CAG/A/LYS/vc NAY 25 '00 (THU) 16:02 CAMPBELL & ASSOCIATES 305 666 3620 PAGE -6/7 85/18/2800 03:19 3050V AIA IDEAL � PAW 02 �� .p�bCITY OF MIAMI, FLOR OA INTERURAMANDUM Y k M. Timmy. May 15.200 F"'c nt City AI[brgey C A;UONW�5 st Cr � t 756 Fps la Drive Lots % and 17 Rik 3 CovewM Rttitttirtg with dw Land C,�,., wrmwes: RaoldW Jue 16.1977 �,,� AMOR `�' Adm ,,nin �kCI�56URE8 Review of the Cweow t Rwoks wigt the LAW for the *ban refinvI Ced property inditsM $0 Ibc cMgIslmt eters t+s**W to mcwottsln"tea existing sinSla dt m4 dwWflog r halos as a 0" d 4lim unit not to be divddrd or awA@d as two drvadliug waits mince only one dmiling unit tsciaftd 0 two iost. A waand dwging unit ®vac laatstmuc W an lot i T wrar building permit 955016107 % tich war o>a Jt►� dd� Il9t. ' Thmfore, dere Wd , ned Covoom is no Impr vewssary or required for both lots 16 and 17 and there is no oWaction to placing the Mom of the Cov meat Rowing wM dw LAW bedsore the City Commission. Cc: ArA GeWWFS&Vb4& Dire" � d 0 plsciag Zoning BID 'T T rti ,yam, 1 00 Sent via Facsmile to 305-416-2035 And Regular Mail May 24, 2000 Ms Teresita Fernandez Executive Secretary City of Miami 444 SW 2°d Avenue Miami, FL 33130 Re: 1760 Espanola Drive, Coconut Grove, FL Dear Ms. Fernandez: By means of this letter, I would like- to explain to you the reasons that it is extremely urgent that my request for the removal of a covenant that is attached to my property be heard at the City Commission meeting on June 8, 2000. I have a contract for Purchase for my property that is due to close on June 15, 2000. The buyer of my property will be closing on their property prior to June 15, 2000 and they will be without a home to live in unless I am able to close on my property on time. I have also made an offer on another property that is contingent on the sale of my property. Those owners also have to make plans for their move as well as 1. Therefore, unless I am able to close on my property located at 1760 Espanola Drive in time, there are going to be a lot of homeless people. This is all due to a covenant that dates back to 1977. I am hereby asking that you please schedule my application for the hearing on June 8, 2000. Sincerely, Mrs. Claudette Endacott 1760 Espanola Drive Coconut Grove, FL 33133 QU Y Fc�J19 - t_ ti v Of - rl l am l nHd� ♦ „y ovcz� ua ten.•. „L.. ..�... � _..�..�.��. -- - - - - - - - - - AFFIDAVIT Before me, the undersigned authority, this day personally appeared r -r ArmTr ENDACOTT , who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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. 3. That the pages attached hereto and 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. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instru nt was acknowledged before 2000 , by 'Dta 1 known to me or who has produced as identification and who did (did not) take an oath. ENCTARYMMUC SEAL. UMNIO A RODRIGUIZ SPATE OF RDFMAMIuIP56ION NO. CC864967MMISSION W. SEPI 17 Xw,_ WMIA ",pplicant',-;i� Signature I�— this S day of who is p rsonatly Notary Public -State of Flori Commission No.: My Commission Expires: - X00 FROM City of Miami Hearing Darns rM^ 11`IV. JC/JY iV•w �' OWNER'S LIST Owner's Name CLAUDETTE ENDACOTT , Mailing Address 1760 ESPANOLA DR. COCONUT GROVE Zip Code 33133 Telephone Number 305-856-0011 Legal Description: ESPANOLA HEIGHTS,PB-41-38, LOT 16 BLK 3,LOT SIZE 50.000 % 140 F/A/U 01-4115-015-0240, OR 17554-0941 0397 1 Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code 'Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows- ollows- Street Stye tt A0,dress Legal Description Street Address ,Legal Description Street Address Legal Description 4 -- FRiDCity of Miami: Hedf inq Boards FAX No .: 3154162©.35 f1 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: ESPANOLA HEIGHTS, PB 11-38, LOT 16 BLR 3, LOT SIZE 50.000 % 1409 F/A/U -01-4115-015-0240 OR 17554-0941 0397 1 1760 ESPANOLA DRIVE, COCONUT GROVE, FL 33133 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. Claudette Endacott 1007 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. N/A STATE OF FLORIDA COUNTY OF MIAMI-DADE rj 1 fi l� 1► Owner or Attorney for Owner t__The foregoing instrue t,0 was ackno ed ed before me this Z `( day of 20 -'-a o , by (��, �- _ who is peksonally known to me or who has produced as identification and who did (did not) take an oath. 1.IpfLARY5FAL OFF1C1�' A RODRIGud A El1GE uCSIA� � NcrrpN[Nl1S�I ON EXP• SEPI17 7 MY Opµ�ilS� Notary Public -State of Fli Commission No.: My Commission Expires: _ r • vc;K PARKER GRbUP • 3056653555; 1 MSS -24-00 11:58AM RocoyVed: a/23/00 S¢22PM- 3Ca S23 5 39 -� KLOCK PARKLOR aFWUrj Pale ¢/g 03129/00 TM moo FAZ ac 939 ��tDGg SiYONfUN 1b+ GUL : n40-60444.2 04/21/010 i #*idUm 1 11 ®vW M M 7M1440000,n ji, 1i 107! 1% cannot vjmz*o YSTp Ws. I,.%" .vtat .:..V�... *0 » if MT o0mttln �W UM �9a � '� two WMMN ► Itl tau plapa+ty d"t:rfitad #Am Now as ss t *AM Lt team that UW dbeve "At WJ"Ofey and any ddtlfoar Mc ANN, Nw to 1 # fiM 4 of a i7M1ia faitilY Wail. "t to be Mcad M a .aMaai i! saLa 9 th la M2d or triastorred, this stfp"wttan 104113Y 0 all �n Labam eilas ataastonaaa. Mil futwe pwobaaams Ylit be kplOn" of sbia csaaastlt. sr+aflms1, - s tCNt►�uis �,,. r 1jky_.�t �s '@sp1!!i w �..... . ��±r/aaa >t. *atsenauY .t>�ad re M Mil. t<aamla tQ ft fat a p�Alhbarfttl t4�ta !err aeA ladgad M Etat ssAaatead saga SAWWOM"t, for tb* P""ess char*! motesud. Mitis w buA att:Clal "Al. this —JA'dw 91Dab=�8►ar� _,,,� t•a• 39;� t_..._..� ;�:,s,i� zs R rt�ptat► A11P ,� MTRL P.Ol WD -1 5/93 This Warranty Deed *this ZL day of March AA 97 by STEPHEN D. SOTO, a single man hereinafter called the grantor, to CLAUDETTE ENDACOTT, a married woman whose post office address is: 1760 Espanola Drive Coconut Grove, F1 "EI PC 97R 10002 1 1997 MAR 07 1,,:44 DOCSTPDEE 3,510.00 SURTX 0.0c: HARVEY RUVIN, CLERK, DADE CfjUNTY., 'FL hereinafter called the grantee: (Whenever used herein the term "grantor" and 'grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and inconsideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Dade County, Florida, viz: Lot 16; Block 3, of ESPANOLA HEIGHTS, according to the Plat thereof, as recorded in Plat -Book 11 at Page 38 of the Public Records -of Dade County, Florida. SUBJECT TO covenants, restrictions, easements of records and taxes for the current year. Parcel Identification Number: 01-4115-015-0235 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 19 96 In Witness Whereof, the said grantor has signed and sealed these presents the day and year fust above written. Signed, sealed Ind delivere i ur presence: LS STEPHEN D.. SOTO 570 NW 48th Place Miami, Florida 33126 n arae rep. /L e:-19 State of Florida County of Dade The foregoing instrument was acknowledged before me this 6th day of March 19 97 by STEPHEN D. SOTO, a.single man who is personally known to me or who has produced and who did not take an oath. PREPARED BY: THOMAS G. SHERMAN, ESQUIRE SHERMAN & CASTRO 218 Almeria Avenue Coral Gables, Florida 33134 I .4�tj6wccu:+o.+,o,.0 KtrCOHUS Boo, OFOADECOUNTY, fLOR,Dn. RECORD VERIFIED as identification HARVEY RUVIiV CLERK CIRCUIT COURT Print Name: OF ICTAL NOTARY SEAL W —ra.01,n �! y COMMISSION NUMBER a CC342650 MY COMMISSION EXP OF F104 FEB. 6.199 No -97 -015 -TGs �-� X00