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HomeMy WebLinkAboutR-99-0232J-98-449 3/23/99 RESOLUTION NO.9 9 - 232 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE RELEASE OF A ZONING COVENANT RUNNING WITH THE LAND, DATED FEBRUARY 27, 1992, RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, NO. 92RO70219 FOR THE PROPERTY LOCATED AT 2828 NORTHWEST 19TH AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPING THE PROPERTY FOR A DUPLEX RESIDENCE. WHEREAS, the property located at 2828 Northwest 19th Avenue, Miami, Florida, more particularly described on attached Exhibit "A" (the "Property") is subject to a zoning covenant (the "Zoning Covenant"), dated February 27, 1992, recorded in the Official Records of Miami -Dade County, Florida, No. 92R070219, (attached as Exhibit "B"), by which Zoning Covenant the owner of the property acknowledged and agreed that said Property was zoned R-3 and that the use of the Property, including any addition (s) or remodeling, was restricted to single family use only; and WHEREAS, the single family residence that was subject to said Zoning Covenant, has been demolished, and the property owners, Lynn and Susan Fuelling, have requested release of said ATTACHMENT (S" COMMSSION *OMaNG OF MAR Z 3 1999 i 9w1uHoa,No,. 99- 232 Zoning Covenant to develop the property as a duplex residence, which is a R-3 permitted use; 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 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 Zoning Covenant Running With the Land, dated February 27, 1992, recorded in the Official Records of Miami -Dade County, Florida, No. 92R070219, attached and incorporated as Exhibit "B" (the "Zoning 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 2828 Northwest 19th Avenue, Miami, Florida, more particularly described on Exhibit "A", attached hereto and made a part hereof, to allow said Property to - 2 - 99- 232 be developed as a duplex residence. Section 3. This Resolution shall become effective immediately upon its adoption.11 PASSED AND ADOPTED this 23rd day of March , 1999. 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 poce provided, said legislation no;•r becomes effective with the elapse of ten ( 4from th" a of C missicn actic,,. ATTEST: regarding same, without the Mayor er exi vvtA. City Clerk WALTER J. FOEMAN CITY CLERK APPROVED A ORM AND 4 CTNESS:e`% 0 V L 0 W3336:YMT:RCL:BSS 1� 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. - 3 - 99 _ 292 el/98/1994 eli:s: 385557193a O'TICE P le This Ift"mntant prepared by. JACOB MIGUEL, PRES. 7M Wash 2Dth Ave". Suae 223 Hislbah, Florida 33m16 Newm to: JAC08 MIGUEL. PRES. 78W West 20th Avenue, Snore 223 HWaeh, Florida 33016 "EXHIBIT A" RE€:1 97R248682 1997 JUN 04 142-37 Folio No.: 01-3127-ODS.0030 DDCSTPDEE 72.00 SURTX $4.00 HARVEY RUVIN9 CLERK DADE 0UHTYt FL _ TMS WARRANTY DEED. made this � ay of �' 1997, by J05E HERNANDF.Z, (S.S.ar her ), a single man einafter called the Grantor, to LYNN FUELLING. (S.S.# ) and SUSAN FUELLING, (S.S.0 Aq Grantee. whoset office address is ?t.+fjs c,�uC� herernatter called the WITNEISSM. That fe Grantor, for and in =►sideration of the Winn of S10.00 and other valuable considerations, reeipt cwhereof Is hereby acknowledged. hereby grants. bargains. sous, aliens• , releases. conveys and confirms unto the Grantee all that certain land, situate in Dade County. State of Florida, to viz.. The North s0 feat of the South 200 feet of the East 81.8 feet of Lot 1, and the North 15 feet of the South 160 feet of the East 81.8 feet of Lot 1, of OTTO CAp11=SUBDIVISION, in Plat mersof as retailed in Piet Boo , k 6, Page 159of the Public Records County Florida 'gllc/A ►darTh S5 feet of the South 200 feet cfthe East 81. a feet of Lot I. OTfO CAPLE SUBDIVISION, as recorded in plat 6, Page 159 of the Public Retorts of Dade County, Florida less the East Ten (10) feet for rtw. T'DGETHE"t'i all the tenements,heeddaimlirftor in anywise appertaining. and appurtenances thereto belonging TO KAVE AND TO HOLD. the same in fee simple forever. AND the Of said tend Grantor hereby covenants with said Grantee that the Grantor Is lawfully seized sIby w 'that the Grantor has good fight and lawful authority to sell and convey sob land. and Hereby warrants the title ro Weld land and wiA defend the same against the lawful accrue g sM Persons Whomsoever, and that said land is free of all encumbrances, except razes accruing subsequent to December 31, 19%. 8YWMWM "WtEW. ate said Grantor has and year first above written. signed and sealed these Presents the day S' d Sealsd prfy rice of Itness: atce f d� 1,-�ru � .............. I SE t tERiVAIYDEZ Witness: 4 n.,lb r: G 7=f?iL Rol Address: � ; r, / ; � • STATE OF FLORIDA — COUNTY OF DADE ;r I HEREBY CERTIFY that on this � duly aumonzed to administer oaths e — 'take sdvta�' 1997. before me. an officer HERNANDEZ who produced his D"Ws Ltcww as identification, 'Personally appeared JOSE 0"crioed in and who executed the foregoingmentknown to me to be the Person executed the same, and an oath was tken. who acbh god before me that he NOTARY PUBLIC V►yco� e * Eww,i1/ 11 1EVD . lon..e a �ft ("C�a�ECO. CADS eC AMD= VER-Wr WVEY RUVIN �� r+rcuscow. r COVENANT RUNNING WITH TEE LAND IN FAVOR OP CTTr OF MIAMI The undersigned, P being the present owners) of the following real props-ty (hereinafter called "Property"): 2828•.1N.W. 19th Avenue, Miami, Florida P Folio # 01-3127-006-0030 ry OTTO CAPLES SUB PB 6 PG 159 S 55' of N 192' of E 81.8 of Lot 1 n City of !Miami, Dade County, Florida, hereby submit this executed N Covenant Running With the .Land in favor of City of Miami: 0. • The undersigned agree(s) and covenant(s) to the following: '• The undersigned acknowiedge(s) that the zoned p-, and g Property is including aoy addition(a)�or that the use of the Property, usstre shall be restricted remodelingof the use only. only. xfamily to single through h2. is undersigned ee enter to Permit the Cit located thereon, property without advance structure s) Inspection to determine oti e, and anythe for the purpose of compliance with covenant. the terms of this 3• The undersigned further agree that this covenant and the provisions contained herein may be Miami by enforced by the .City of preliminary, permanent and mandatory well as may otherwise be provided Injunctions, for by law oas r ordinance. 4 • This covenant shall be recorded in the Public R&ords Of Dade County, Florida, and the provisions hereof shall constitute a covenant running with the land full force and effect and be binding upon th ��ader31 remain in heirs, legal representatives, geed, their assigns. estates, successors + grantees and All of the •existence of this covenant.undersigned shall be 1 t'ormed /—� WITNESS'' Signature WITNESS' Signature �/:r_`;a.•.o:?��;�"". STATE OF FLORIDA Izst COUNT OF•DADE r n A';�&) 9 a,a :_.• Before me personally � `4• ap to me well knoxn tobethered Osvaldo Castro 0 _ the foregoing Person descr bed in an who executed Tie B B instrument, and acknowledged uexpressed. to and before me that executed said instrument for. the r- c purpose therein n WITNESS m A.D. y hand official seal, this 26th 19p2 day of February , STATE AR PUBLIC OF FLORI DA AT _ My commission expires �:a i;t¢ tea°LARGE NOTE: This covenant is a reqDepartment for the construction eofnt of the Cit and any additions Your single yfamil lams Zoning or remodelin 8 thereof. Y residence This instrument constitutes shall be recorded in the Public Records have any of Dade Countyent If You questions concerning its content, it is You consult an attorney. you suggested .au d that 99 a� �•_.3 2 j W.111' �a IE FRI t� N ffiIBIT "B" . COVENANT RUNNING WITH THE LAND Its FAVOR OF CZTX OF MI`MI The undersigned', being the present owner(a) of the following real prop�r.,ty (hereinafter called "Property"), 28W-.W. 19th Avenue, Miami, Florida Folio # 01-3129-006-0030 OTTO CAPLES SUB PB 6 PG 159 S 55' of N 192' of E 81.8 of,Lot 1 City of Miami, Dade County, Florida, hereby submit this executed Covenant Running With the -Land in favor of City of Miami: The undersigned agrees) and covenant(a) to the followings 1. The undersigned acknowledge(s) that the property is zoned R-1 and agree that the use of the Property, including any additions) or remodeling of the existing structure(s), shall be restricted and limited to single family use only. 2. The undersigned agree(s) to permit the City Manager, through his designees; to enter the property and any structure(a) located thereon, without advance notice, for the purpose of Inspection to determine compliance with the terms of this covenant. 3• The undersigned further agree that this covenant and the provisions contained herein may -be enforced by the.City of Miami by preliminary, permanent and mandatory injunctions, as well as may otherwise be provided for by law or ordinance. 4. This covenant shall be recorded in the Public RE?cords of Dade County, Florida, and the provisions hereof shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the undersigned, their heirs, legal representatives, estates, successors, grantees and assigns. O O N 0� 5• All purchasers from the undersigned shall be I formed of the existence of this covenant. / WITNESS Signature 1 WITNESS / a Signature STATE OF FLORIDA 14%"�• �.;�t� ,'J COUNTY OF DADE~ Before me personally appeared Oswaldo Castro to me well known to be the person described in and who execute the foregoing instrument, and acknowledged to and before me that He executed said instrument for the purpose therein expressed. WITNESS my hand official seal, this 26th day of February$ A.D., 1992 --IMARY PUBLIC STATE OF FLORIDA AT LARGE MIA" "KICa1T/n I rtaW My commission expires 6.:04 NOTE: This covenant is a requirement of the City of Miami Zoning Department for the construction of your single family residence and any additions or remodeling thereof. This instrument constitutes a legally binding document which shall be recorded in the Public Records of Dade County. If you have any questions concerning its content, it is.auggested that��! You consult an attorney. a% i% 14 VS 101 t'T - 39 232 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and _ Members of the City Commission DATE: MR 16 1999 FILE SUBJECT: Release of Covenant for 2828 NW 19t' Avenue FROM: Donal H. Warshaw City Manager REFERENCES: ENCLOSURES: RECOMMENDATION The Building and Zoning Department has no objections to the attached request to release a Covenant running with the land for the property located at 2828 NW 19`� Avenue. BACKGROUND The property located at approximately 2828 NW 19t' Avenue has a covenant recorded against it which limits use of the property to a single family use only; however, the Property is zoned R-3 Medium -Density Multifamily Residential. The attached request is to release the covenant recorded in 1992 in order to redevelop the property for a duplex use. The property is currently vacant since the once existing structure has been demolished. There are no records to indicate why this covenant was required. The Building and Zoning Department has no objections to the requested release due to the fact that the new proposed use, a duplex residence, is permissible within the R-3 Zoning District. DHWIDB/NeC 99- 232 Miam?,Feb:'ua.n7 26, 1990 To the City of Miami Re . L3:nn and Susan Fuelling 17 645 SW $4 rive Miami, Fla 33157 Lynn and Susan Fuelling, OiNmers of the vacant lot at 2828 NW 19 Ave ,Miami, are requesting a release of covenant at the property mentioned above for the purpose of building a new duplex. We appreciate your cooperation ry COVENANT RUNNING WITH THE LAND IN FAVOR OF CITY OF MIAMI The undersigned, being the real property (hereinafter called r"Property,,r(s) of the following 2828 I .W, o� "Property,,): 1.�h Avenue, Miami, Florida d• Folio #E 01-31127-006-0030 r; CTTO CAPLES SUE PB 6 PG 159 55' of N 192' of E 81.8 of Lot 1 �- City of Miami, Dade County, Florida, hereby submit this executed r Covenant Running with the -Land in favor of City of Miami: b The undersigned agree(s) and covenant(s) to the following: 1• The undersigned acknowledges) that the zoned a-q and agree that the use of the oProperIs ty, including any additions) or the structure( s), shall be restricted anddeling limited ofexistingsingle xfamily use only. 2• The undersigned at through his designees, to enter ethe to permit the City Manager, located thereon, without advance o eety and any structure s) inspectifor the on to notice, compliance with the terms' purpose of Of this 3• The undersigned the provifurther agree that this covenant and sions contained herein 'ma Miami by preliminary, permanent and beenforcedby the .City of well as may otherwise be provided for by law oryordinance. Injunctions, as 4. This covenant shall be recorded in the Public ReRcords of Dade County, Florida, and the sions constitute a covenant running with the lands and shallhereof remainaIn full force and effect and be binding upon the undersigned, their heirs, legal representatives, estates, successors, grantees and assigns. ll chasers from the of the existencerOf this covenants undersigned shall be i formed WITNESS / WITNESS Signature �__� —�� `�`� Signature V� STATE OF FLORIDA COUNTY OF DADS Before me personally appeared Oswaldo Castro _ Mbar. F to me well known to be the �`• •• the foregoing instrument, andracknowledgeddtonanddbefj forero xmeuthat expressed. executed said instrument for. the purpose therein }u `� WIDTNESSgmy hand official seal, this 26th — day of February v l � L �( nTnARY PUBLIC `v STATE OF FLORIDA AT LARGE M i S 5_ O n eerur A�lBCcl�n is _ •y comm_ expires 'xusxtae tip. ,�• K NOTE: This covenant is a requirement of the Cit Department for the construction of your si Y of Miami! Zoning and any additions or remodeling thereof. ogle familresidence i This instrument constitutes a legally snail be recorded in the Public Records t ads Countment which have :any questions concerning its content, it is suggested you consult an attorney. y' If You ggested that 9 9 - r N 9 —iL" y#fy.Ul I R 4 Ai4hr4Y49 �'a#+iLEki3[!+{STYRY5a8Y,E[y..E%Ry�E{gg [1� bY11'' 232 i r AFFIDAVIT`' STATE OF FLORIDA } COUNTY OF MIAMI-DADS ) SS Before me, the undersigned authority, this day personally appeared Lynn Fu who bein b � elling g y me first duly sworn, upon oath, deposes and says: l • That he/she is the owner, or the legal representative of the owner, s a public hearing as required by the Zoning Ordinance of the Citysubmitting the accompanying application for in the City of Miami, as described and listed on the of Miami, Florida, affecting the real Property located pages attached to this affidavit and made a part thereof. '-. That all owners which he/she represents, if an p � y, have given their lull and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation accompanying n of Zoningas set out m the pany�ng petition, _ I That the pages attached hereto and made a part of this affidavit contain the current names° mailing addresses, telephone numbers and legal p property ny of which he/she is the owner or legal representative. 4• The facts as represented in the application and documents submitted in conjunction and correct. 1 nction with this affidavit are true Further Affiant sayeth not. STATE OF FLORIDA COUNTY OF MIAMI-DADE plicant's Signature -,, day of who is personally known to me ification and who did (did not r who has take an oath. S Name: Notary Public -State of Florida Commission No.: My Commission Expires: AFFIDAVIT STATE OF FLORIDA } COUNTY OF MIAMI-DADE ) SS Before me, the undersigned authority, this day personally appeared Susan Fuelling who being by me first duly sworn, upon oath, deposes and says: I . That he/she is the owner, or the legal representative of the owner, submitting the accompanyin a a public hearing as required by the ,Zoning Ordinance of the City of Miami, Florida, application for in the City of Miami, as described and listed on the pages attached to �affecting the real propem located 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 h' in his/her behalf for the change or modification of a classification or regulation of zoning as set out � him/her to act �n the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailingaddre telephone numbers and legal descriptions for the real roe sses, P p nY 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 a and correct. re true Further Affiant sayeth not. STATE OF FLORIDA COUNTY OF MIAMI-DARE 0�1 'Je4_\ � � Applicant's Signature The foregoing instrument was acknowledged before me this -� 19� by _-:x�- ��� /� �� . �/,�7 day of ... r— produce who is personally known tom or who has as identification and who did (did not)'take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: . r Ot"ER+S LIST Owner's Name Lynn and Susan Fuelling Mailing Address 17645 SW 84 Avenue Telephone Number 305-251-1733 Zip Code 33157 Legal Description: See attached "Exhibit All Owner's Name Mailing Address Telephone Number Zip Code Legal Description: Owner's Name Mailing Address Telephone Number Zip Code Legal Description: Any other real estate property owned individual) 375 feet of the subject site is listed as follows: Y, Jointly, or several) b Y i Y corporation, partnership or privately) within Street Address N/A Street Address Street Address Legal Description Legal Description Legal Description 9U- 232 DISCLOSURE OF OWNERS I . Legal description and street address of subject real property: See attached "Exhibit All 2. Owner(s) of subject real properly and Percentage of ownership, Note: Section 2-618 of the Code of the Cit1 of Miami requires disclosure of all parties having a financial interest, Presentation, request or petition to the City Commission. Accoest, either ther direct or indirect, in the subject matter of a shareholders of co4 tporaUons, beneficiaries of trusts y question #2 reQuircs disclosure of and Proportionate interest. 'and/ any other interested parties, together with their addresses Lynn Fuelling 50% Susan Fuelling 50% u Owners by entireties Legal description and street address of any real Property listed in answer (b) located within 375 feet of the subject real eperty (a) owned by any P P P rty er to question #�, and N/A STATE OF FLORIDA COUNTY OF MIAMI-DADS or Attorney for O rare The foregoin instrument was ac owledg d before me this x• 19 , by 10, f day of e �X U roduce /✓� who is personally known to me or who has, r 59 -Das identification and w y ho did (did not) take an oath. 5 Name: V° Notary Public -State of Florida l Commission No.: My Commission Expires: 99- 232 ,.� .�•r ✓ nrrF+�r tr<'�.gc..na+vur.�S.�-'.c'? k A-^`�-../...�ry--... }y�.c - DiSCLOSME OF V •.l \�-YJ� r 1. Legal description and street address of subject real property: See attached "Exhibit. All 2. Owner(s) of subject real property and Miami requires disclosure ofall percentage of ownership. Note: Section 2-618 of the Code of the Cite of Presentation, request or Parties having a financial interest, either direct or indirect, in the subject matter of a nq petition to the City, Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, i ether to and Proportionate interest. g with their addresses Lynn Fuelling 502 Susan Fuelling 50% Owners by entireties 3 • Legal description and street address real an eal property. (b) located within 375 feet of the subject y real property (a) owned by any Party listed in answer to question #2, and N/A STATE OF FLORIDA COUNTY OF MIAMI-BADE Owner or Attorney for Owner The foregoing instrument was ackn^ oy�edged before me this Tn'Cn ' y � �.; ,� 7`-.� c=/ -� day of duce r- y5 _ � _ who is personally known tc me r who has as identification and who did (did not) take an oath. Name: -- Notary Public -State of Florida Commission No.: My Commission Expires: 99- 232 385557193�w CFFICE "EXHIBIT A" TAIa ftli"Mntert urr.17663P�3 ! 9 pteparedby: atc. JACOB MIGUEL, PRES. 7800 West 20th Avenue. Suite 223 Hiakoah. Flonpe 33019 Retum to: JACOB MIGUEL. PRES. 78pp Wae120Ih Avenue, Suite223 Hialeah. Florida 33016 p 1e 97R248632 1997 JUN 04 14:37 _ FOW ND.: 01.3127.00.0030 DDCSTPDEE 72.00 SURTX 54.00 HARVEY ftUVIHr CLERK DADE C-OWY, FL - TN3 WARRANTY DEED, mace this eA 34:� JOSE HERNAND day of ":5 " , 1997. by herafnaRer catfw � Grantor. to ). a einple man LYNN FUELLING. (S.S.I9 SUSAN FUELLING, (S.S.s ) ate Whoseat °face address its hereinafter called the "T?65SE7 ". That thefor " �" valuable Grantor nano in eraeon of the sum of $10.00 and other afiertsreleases r is hereby acknowledged. hereby Wants. ba Dade ten.. to Ys and cortfirnts unto tits Grantee all flat certain land.situate m County. State of Ronda, to viz: The North 40 faet 01 the South 200 feet of the East 81.8 feet of Lot 1, and the North 15 feet DI the South 160 fast °f the East a 1.8 feet of accomOng to the RZ thereof Lot 1- of Page 15 CAPLE SUBDIVISION, of Daoe County Fbnda, AWA Plat Book he 6• Pape O of the Ptrtwe Records of Lot 1, OTTO CAPLE SUBDIVISION feW 01 � � � Of Me East 81.8 feet Records of Dade Courtly. Fonda, Less the East�10) feet for ry 159 of the pubic or in anyTOGG the tenements, nse aADerta,nm . and 11ppurlenante5 tr►eroto belonging TO HVie AVE AND TA forever. HOLD. the saute in fee simple 14ANDGranter hereby covenants with said Grantee that the Grantor is lawfully seized land. 8° d heren�ants t tO btleetto a �t and efeno a dams of all persons whomsoever, and tgoodhat said d and � defend � to sell and convey among wbseguent to December 31. 19%. land free of all encumbraPrnst ances. the lawful cepttaxes IN and year firstababove #' the SW Grantor has signed and sealed then Presents the day Sealed in 'mess: AERERNAINIDEZ VVnneaa: ,Q c .SLR : L 79, RW Address: . STATE OF FLORIDA / /� / . t • _ COUNTY OF DADE I HEREBY CERTIFY that on this �2 ,�/ dUI a adm,nlster HERNANDF2 to oatM a eta s of 1997, before me. an officer nowiaq oescribed,n � � s Lraertse as nttlie �Pe"�Y appeared JOSE executed the same. and an o QO°t. tnsovmenL who ago,'known to me to be the ath was taken. ged before hereon rrte that he NOTARY PUBLIC W co.� c O"�UL REMRDS 80p, HARVEY RUVIri G&bV(cweureou.. k•. �. _p-.