HomeMy WebLinkAboutR-00-0568J-00-298
6/13/00
RESOLUTION NO. 0.01—
" 0— 5
618
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVING THE RELEASE OF A
COVENANT RUNNING WITH THE LAND, DATED
JULY 9, 1985, RECORDED IN OFFICIAL RECORDS
BOOK 12818, PAGE 1223 OF MIAMI-DADE COUNTY,
FLORIDA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 900 NORTHWEST 22ND STREET,
MIAMI, FLORIDA, AS THE PURPOSE FOR THE
COVENANT NO LONGER EXISTS AND THE PROPERTY
OWNER INTENDS TO DEVELOP BOTH PROPERTIES AS A
COMMERCIAL USE.
WHEREAS, on July 9, 1985, a Covenant Running with the Land
was recorded for a parking easement for property located at
approximately 924 Northwest 22nd Street, Miami, Florida,
(Parcel "A"), the parking was to be provided at the property
address of 900 Northwest 22nd Street, Miami, Florida,
(Parcel "B"); and
WHEREAS, the intent was to erect a two-story addition on the
property described as Parcel "A" and in conjunction therewith,
use the property described as Parcel "B" for the purpose of a
parking lot for the use and benefit of Parcel "A"; and
WHEREAS, in 1996, under Resolution ZB 55-96 which was
approved on May 20, 1996, two variances were approved, one to
waive 17 of 26 offstreet parking spaces on Parcel "B" and the
second to allow a footprint of 18,546.9 square feet where a
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CONTA
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CITY COMMISSION
ME1ETING OF
JUN 2 9 2000
]Resolution No.
maximum footprint of 16,123.6 square feet was allowed on Parcel
"B"; and
WHEREAS, building permit number 96-5014583 was subsequently
approved for a new warehouse structure for Parcel "B", and a
Unity of Title #96R255971 was recorded; and
WHEREAS, on Parcel "A" a permit for an addition of two
stories and 1,600 square feet was issued under permit 86-2635
which required 2 additional parking spaces (1 space per every
1000 square foot) to be provided, the aforementioned Covenant
Running With the Land recorded to provide the 2 parking spaces on
Parcel "B"; and
WHEREAS, the Director of the Department of Planning has
reviewed the request and recommends the release of the Zoning
Covenant; and
S
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 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 a Covenant Running With the
Land, dated July 9, 1985, recorded in Official Records Book
Page 2 of 3 0
CI
0
•
12818, Page 1223 of Miami -Dade County, Florida, attached and
incorporated as Exhibit "A" (the "Covenant"), is hereby approved
and the proper City officials are hereby authorized to execute a
release in connection therewith for the property located at
approximately 900 Northwest 22°d Terrace, Miami, Florida, more
particularly described on Exhibit "A".
Section 3. This Resolution shall become effective
immediately upon its adoption.'/
PASSED AND ADOPTED this 29th day of June , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, sincm h? a,gtyor 001 not indlo tri approval of
this legislation by signing it in the designated pick �toW
becomes effective with the elapse of ten (90) days f,o� �� � dal- °,f �:c�a��yr�ll��i� _a �_:�<°C�n
regarding same, without the Mayor ge0si a v � '
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPRQO D IS TOAAK AND CORRECTNESS :f/6
NWO VIE.
ATTORNEY
W4282:YMT:eij:ss:RCL
41
1 Foe-MDftV1tv Clerk
�i 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
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DISCLOSURE OF OWNERSHIP
Legal description and street address of subject realro e
P P rty:
Lots 7, 8, 24 and 25, $lock 2, Resubdivision of Jefferson Park, according to the
Plat thereof, as recorded in Plat Book 9 at Page 36 of the Public Records of
Miami—Dade County, Florida. 900 N.W. 22 Street, Miami, Florida
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. -
Juan M. Almeida, Jr.
,
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.�i subject real property.
None
`Owner or Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ' day of March
19 , by ; , f " U.' who is personally known to me or who has
produced vi nrid, nri var l c License ' ]3s identification and who did (did not) take an oath.
ROBERT W.RODREUEZ ,acne:
MY COMMISSION # CC 8898M Notary Public -State of Florida
a EXPIRES:Nrnrember22 2003 Commission No.:
Y' Bonded Thru Notary Pubic UMWW"t-
'My Commission Expires:
P01 1 R A
kfitv
WALTER J. FOEMAN
City Clerk
August 4, 2000
United States Postal Service
Post Master General
5000 N. W. 2nd Avenue
Miami, Florida 33128
Dear Post Master General:
Lteo -os t
~ cily
ur 1
1 OF LI
/� y3 CARLOS A. GIMENEZ
I+ uav uuu * City Manager
Enclosed please find a copy of Resolution Nos. 00-568; 00-569, 00-543 and 00-575 which were
passed and adopted by the City of Miami Commission at its meeting on June 29, 2000. This
legislation is being forwarded to you for your information and files.
/Sinc(
I
Walt
City Clerk
WJF: yd
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
CITY OF MIAMI, FLORIDA ® PZ -1
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
DATE: FILE:
Members of the City Commission
SUBJECT: Release of Covenant dated
July % 1985, Recorded in
12818 Page 1223
FROM-
900-924 NW 22 Street
REFERENCES:
men
City Commission of
City Manager
ENCLOSURES: June 29, 2000
RECOMMENDATION
It is respectfully recommended that the City Commission adopt a resolution accepting the Release of
Covenant recorded in the Public Records of Miami -Dade County, Florida.
BACKGROUND
In 1985 a Covenant Running with the Land was recorded for a parking easement for the property
located at 924 NW 22 Street (Parcel `A'). The parking was to be provided at the property address of
900 NW 22 Street (Parcel `B').
The intent was to erect a two story addition on the parcel described as `A' and in conjunction
therewith, use the property described as parcel `B' for the purpose of a parking lot for the use and
benefit of Parcel W.
In 1996, under Resolution ZB 55-96 which was approved in May 20, 1996, two variances were
approved, one to waive 17 of 26 offstreet parking spaces and the second to allow a footprint of
18,546.9 square feet where a maximum footprint of 16,123.6 square feet was allowed.
Building permit number 96-5014583 was subsequently approved for a new warehouse structure for
Parcel `B'. A Unity of Title #96R255971 was recorded.
On Parcel `A' an addition comprised of two -stories and 1,600 square feet was issued under permit 86-
2635 which required 2 additional parking spaces (1 space per every 1000 square foot) to be provided.
The aforementioned Covenant Running with the Land was recorded to provide the 2 parking spaces
on Parcel' '
CAG/GCUA Jir/er
Cc: Ana Gelabert-Sanchez, Director
Planning and Zoning Department
03/02/2000 17:21 3055679480
Date: March 7u'2000
To: City of Miami
Office of Hearing Boards
444 S.W. 2"d Avenue
7'h Floor
Miami, Florida 33130
From: Juan M. Almeida, Jr.
•
Re.: Property Address: 900 N.W. 22"d Street, Miami, Florida
rrau= ua
Legal Description: Lots 7, 8,24 and 25, Block 2, Resubdivision of Jefferson
Park, according to the Plat thereof, as recorded in Plat
Book 9 at Page 36 of the Public Records of Miami -Dade
County, Florida.
Background Facts
This summary is for the request of cancellation of a covenant running with the
land concerning a commercial warehouse located at 900 N.W. 221 Street, Miami,
Florida. The legal description of property in which the warehouse is situate upon is: Lots
7, 8, 24 and 25, Block 2, Resubdivision of Jefferson Park, according to the Plat thereof,
as recorded in Plat Book 9 at Page 36 of the Public Records of Miami -Dade County,
Florida.
The covenant that is currently in place only affects a portion of the property. The
portion that is affected is: Lot 24, Block 2, Resubdivision of Jefferson Park, according to
the Plat thereof, as recorded in Plat Book 9 at Page 36 of the Public Records of Miami -
Dade County, Florida.
The covenant, created in July of 1985, requires that a perpetual easement be
placed on Lot 24 for parking purposes. This easement came about when a company by
the name of Porky Meat Products owned a few lots West of Lot 24. Porky Meat
Products needed to get a building permit and, apparently as a condition of the issuance
of he building permit, could not do so without the creation of the perpetual easement
over Lot 24.
On June 271' 1990 Juan Almeida and Esperanza Almeida purchased the
property owned by Porky Meat Products. The legal description of that property is: The
West % of Lot 27 and all of Lots 28 and 29, Block 2, Resubdivision of Jefferson Park,
according to the: Plat thereof, as recorded in Plat Book 9 at Page 36 of the Public
Records of Miami -Dade County, Florida a/k/a 924 N.W. 23rd Street, Miami, Florida.
Page 1 of 3
00— 568
03/02/2000 17:21 JUbbbiy4ttn
On April 1V 1995 Juan Almeida and Esperanza Almeida, husband and: wife,*
purchased real property and subsequently conveyed the same to their son Juan M.
Almeida, Jr., a married man. The legal description of that property is: Lots 7, 8; 2.4 and
25, Block 2, Resubdivision of Jefferson Park, according to the Plat thereof, as recorded
in Plat Book 9 at Page 36 of the Public Records of Miami -Dade County, Florida.
In 1996 a commercial warehouse was built on the following legal description
owned wholly by Juan M. Almeida, Jr.:Lots 7, 8, 24 and 25, Block 2, Resubdivision of
Jefferson Park, according to the Plat thereof, as recorded in Plat Book 9 at Page 36 of
the Public Records of Miami -Dade County, Florida a/k/a 900 N. W. 22n° Street,: Miami,
Florida.
Porky Meat Products was administratively dissolved and ceased doing business
in 1991. It no longer occupies the property located at 924 N.W. 22nd Street, Miami,
Florida. The property is utilized for the business of the owner, Juan M. Almeida, Jr. (E &
A Produce Co.) which also runs it's business at the commercial warehouse located at
900 N.W. 22nd Street, Miami, Florida.
Attached as an exhibit for your perusal is a copy of the instrument creating the easement which encumbers the
property located at 900 N.W. 2214 Street. Miami, Fla.
Relevant Facts
A perpetual parking easement encumbers title to the property located at 900
N.W. 22nd Street, Miami, Florida. The easement was created for a property lobated at
924 N.W. 22nd Street, Miami, Florida in July of 1985 in order to obtain a building permit.
The very face of the instrument creating the easement contains a sentence which
reveals the conditions in which the easement may be released: "Alternate parking must
be secured, a variance obtained or the business must close."
Porky Meat Products, the creator of the easement,'ceased doing business in
1991.
A commercial warehouse was built atop the easement in 1996 by the owner
after proper permitting and approvals by the City of Miami.
The property is free and clear of any mortgages. The owner now seeks financing
of the property and cannot do so until this easement, which has no other purpose than
to cloud title, is removed by the City of Miami.
Prayer for Relief
The owner respectfully 'requests that the easement burdening his commercial
warehouse site located at 900 N.W. 22nd Street, Miami, Florida be removed andlor
Page 2 of 3
03/ 02/ 2006 1 "l: ;:'1 :i�155b / y4t3b
r' truce V V
canceled of record in conformance with the City of Miami rules and regulations.
Respectfuify submitted,
nr
,fuan M. Almeida, Jr., a married man
is AdriCjR'Almeida, spouse of Juan
M. Almeida, Jr.
Page 3 of 3
WITHIN . '�,
9
60 516$
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI -DADS }
Before me, the undersigned authority, this day personally appeared Juan M. Almeida, Jr.
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 the Zoning Ordinance 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 instrument was acknowledged before me 1
19_, by Juan M. Almeida, Jr.
produced Florida Driver's License
y ROBERT W. RODRIGUEZ
My COMMISSION # CC 889808
a EXPIRES: November 22 2003
•� od yR' Sanded Thru Notary Public Undenviiters
'i day of March
who is personally known to me or who has
as identification and who did (did not) take an oath.
Notary Public -State of Florida
Commission No.:
My Commission Expires:
OWNER'S LIST ,
Owner's Name Juan M. Almeida,
Jr.
Mailing Address 250 Palm Avenue,
Miami Beach, Florida Zip Code 33139
Telephone Number. 305. 538. 5794(h)
305. 545. 6600(w)
Legal Description: Lots 7, 8, 24 & 25,
of Block 2, Jefferson .Park Re -Subdivision,
according to the
Plat thereof, as recorded in Plat Book 9, at.
Page 36 of the'Public Records of Miami -Dade County, Florida.
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:
None
Street Address
Legal Description
Street Address
Legal Description
Street Address
Legal Description
CIO
DISCLOSURE OF OWNERSHIl'
1. Legal description and street address of subject real property:
Lots 7, 8, 24 and 25, Block 2, Resubdivision of Jefferson Park, according to the
Plat thereof, as recorded in Plat Book 9 at Page 36 of the Public Records of
Miami -Dade County, Florida. 900 N.W. 22 Street, Miami, Florida
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.
Juan M. Almeida, Jr.
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
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrun nt was acknowledged before me this day of March
19 , by .1' A. M"� who is personally known to me or who has
producedLicense identification and who did (did not) take an oath.
� Y . ROBERT W. RODRIGUEZ
:=-
;,.; ,. MY COMMISSION # CC 889808
g EXPIRES: November 22, 2003
o F Bonded Thru Notary Pubfic Unduff t n;
Notary Public -State of Florida
Commission No.:
My Commission Expires:
U,0_ 360
IMAGE01 : FL -00-30696-2
terms K...a..r -Z.W—W -.Fd ."d
vs. MUXJ.MARTIN,MQ.
MARTIN, BATWA & LOP= P.A.
ASM,• 2SS ALHAMBRACIRCLE,SMTE 380
MIAMI,FLORMA33134
TrS tdues Pq,a,e tr
A.4h1 - FCUXJ. MARTIN, ESQ.
25S ALHAJIIBRA CUMLE,StnT'E 3S0
CORAL GABLES, FL 33137
F1Cr. A ' Hrtd laofiTia:im Iti:olN�rnn:
v
l� lapn Si N17L41•1 N.ALMEmAJRZ,1' JI•lY.:
LL%SrOR MIOOSSTO DATA
n
OFF.
AEC. f 7234 345
r-* R25S970 1996 JUkI 12 11:33
DDCSTME 9.60 SURTX 1 0.45
HARVEY RUVIH:- CLCRF,, DADE CnUffyr rL
SPACE ABOVEItt.'f LNEPDR A8CMMG DATA
This Quit Qalm Deed, Erertaed this 61h day of June , A.D. 1996, by JUAN M. ALMEIDA and ESPEA4NZA C
ALMEIDA, Bis Wife fuss parry, to .YUAN !d. AL?dEIDA, JR., A AMRR1ED MAN, whose post office a tdress is 230 PALA:
AVENUE, MIAMI BEACH, FL 33139 second parry:
,S,2enn ,d ieLti Oe !iA iort r-.•.. ut R=^aL t-ia., Lyl nPraeui,q, atG ti iaCiiC„+. d 6u ^---•'— td m.m
C(mfMtm. ..�fn,R mr 3R6S b 01ti:J ¢ rOQ�Sd,
Witnesseth. Drat the said frrst party, for and in conriderotion of the sum of s l o.00 in hand paid by the said second paM, the
receipt whereofis hereby admowledged, does iterdry remise retwise and gwimch im until the said second party, fore`er, all the right,
title, interest, claim and demand which the said first party has in and to the follo%7ng described lot, pt ece or parcel of land, situate,
tying wed being in the Coawy of DADE, State of Florida, to -wit:
Lot 7, 8, 24 & 25, Block 2, of JEFFERSON PARK RE-SUBDMSION, arcording to the Plat thereof, as recorded
Plat Book 9, at Page 36, of the Public Records of Dade County, Florida.
This subject property is unimproved land, neither the Grantors nor the Grantee reside thereon, or
property adjacent thereto. and the subject property was/is not the Homestead of either party.
To Have and to Hold The sante Together n1th all and singular the appiaze mees thereunto belonging on in anywise
appertaining, and all the estate; right, title, interest lien, equity and dalm %harromr of the said first parry, either in law or equiry,
to the only proper use, benefit and behoof of the said second party forever.
Witness Whereof.. The said first party has signed and•sealed these plesenu the day and year first above written.
I Prix J. RAR'KN
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RlDBRANSA C. ALi4IDA
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RFCOR--im uJCFSG'.A.L REOonoss ,2r
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REGORD VER075D
D
HARVEY RIP!
STATE OF Florida Cde4t CLWC67rC0VRr
COUNTY OF DADE
Tho fartgoing instrument was ack nowledgcd bafore me this 6th day of June, I996. by JUAN M. AL:JEIDAand
ESPERANZA C. AE.&WU)AJMs We. who arc personally known to me or who have produced a F.D.I..as identification and
did take an oath.
OSPR.p`v te1RTEVLLAM1EVA
ioau�s►avtatusea
Q•4p OCS2:8t3
F_ 1[YOLti9t '$,iM>iXPRFS
.my Commission
NOT9RY PUBLIC:
i
Print \rx;.t_ARY E VBS.Ar.=A
State of Florida at Large aew
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